Name, Definitions, Objects and Office
Name
1. The name of the Organisation shall be “The Scottish Joint Industry Board for the Electrical Contracting Industry”.
Definitions
2. In these Rules, unless inconsistent with the subject or context:
(a) “These Rules” means these Rules or other Rules of the Scottish Joint Industry Board for the time being in force.
(b) “The Industry” means the electrical contracting industry in all its branches in Scotland (including the outer Isles), including the design, manufacture, sale, distribution, installation, maintenance, repair and renewal of all kinds of electrical installations, equipment and appliances and ancillary activities.
(c) “SELECT” means the Electrical Contractors’ Association of Scotland and any body or association resulting from an amalgamation of the Electrical Contractors’ Association of Scotland with any other employers’ trade union or association.
(d) “The Union” means Unite the Union and any body or association resulting from an amalgamation of Unite the Union with any other employees’ trade union.
(e) “The Parties” means SELECT and the Unite the Union.
(f) “The National Board” means the National Board of the Scottish Joint Industry Board constituted as provided by these Rules.
(g) “The Office” means the registered office for the time being of the Scottish Joint Industry Board.
(h) The “Chairman” and the “Director” respectively mean the Chairman and the Director for the time being of the Scottish Joint Industry Board.
(i) “The Secretary” means the Secretary for the time being of the Scottish Joint Industry Board and any other person for the time being authorised to perform any of the duties of such Secretary.
(j) “The Effective Date” means the 1st September 1969 or such later date as may be agreed between the parties.
(k) “The bye-laws” means the bye-laws of the Scottish Joint Industry Board made pursuant to and in accordance with Rule 67 and for the time being in force.
(l) “In writing” means written and printed or partly one and partly another, and other modes of representing or reproducing words in visible form.
(m) Words importing the singular include the plural and vice versa.
(n) Words importing the masculine gender include the feminine gender.
(o) “Person” in relation to any employer participant of the Scottish Joint Industry Board (but not otherwise) includes any corporate or unincorporated body and words importing persons shall be construed accordingly.
Objects
3. The principal objects of the Scottish Joint Industry Board are to regulate the relations between employers and employees engaged in the Industry and to provide or participate in providing all kinds of benefits for persons concerned with the Industry in such ways as the Scottish Joint Industry Board may think fit, for the purpose of stimulating and furthering the improvement and progress of the Industry for the mutual advantage of the employers and employees engaged therein and, in particular, for the purpose aforesaid and in the public interest, to regulate and control employment and productive capacity within the Industry and the levels of skill and proficiency, health and safety competence, wages and welfare benefits of persons concerned in the Industry.
4. In the furtherance of, but without prejudice to, the generality of its principal objects the Scottish Joint Industry Board shall have the following ancillary objects:
(a) To regulate and control conditions of employment within the Industry in any way calculated to improve or expand the education and training of employers and employees engaged in the Industry.
(b) To regulate and control the grading of employees within the Industry with a view to improving the level of skills and proficiency in the Industry.
(c)To promote, encourage and impose improved methods and safe conditions of work within the Industry, and to do so with a view to increasing productivity in the Industry.
(d) To measure output in the Industry, and by relating output to the resources required to achieve that output, to obtain an index of productivity.
(e) To regulate and control the flow of employment within the Industry and the level of overtime worked within the Industry.
(f) To make and impose such regulations and generally to take such measures as may be conducive to preventing and eliminating all unauthorised or unofficial stoppages of work within the Industry.
(g) To provide and regulate the means for resolving and in particular to act as a forum for adjudicating upon all kinds of disputes or differences arising from the employment of labour within the Industry, and in particular (but without prejudice to the generality of the foregoing) to provide for and to regulate the means of exercising a right of appeal, by either employers or employees, from decisions of the Scottish Joint Industry Board on any such disputes, to an independent authority whether the same be a specified person or office or an agreed arbiter.
(h) To consider and determine wages and conditions of employment within the Industry on the basis of the level of productivity, the cost of production and any other factors, and with a view to ascertaining and evaluating any factors relevant to any such consideration or determination, to obtain reports from independent accountants and other professional and technical experts.
(i) To promote, administer and manage or assist in the promotion, administration and management of all kinds of schemes for the provision of benefits of all kinds for the benefit of all concerned in the Industry including the employees of the Scottish Joint Industry Board and in particular (but without prejudice to the generality of the foregoing) schemes for the provision of holidays with pay and of pay during sickness, pensions, life assurance, death benefits, loans and other welfare and like benefits for or for the benefit of those concerned, and for any of the purposes aforesaid to carry on any kind of insurance or re-insurance business.
(j) To enter into agreements, on the joint or separate behalf of or otherwise for the joint or separate benefit of all employers and employees in the Industry with, and to represent the joint or separate interests of such employers and employees in any discussions with, or with regard to any formulation or implementation of policy by, any person or body (whether corporate or unincorporated), and in particular any company, trade union, organisation or association in any way representative of employers and/or employees in any industry or branch of industry, and any Government Department, Ministry or local, national or international authority.
(k) To promote or support any legislation which may be considered to be in the joint or separate interest of employers and employees within the Industry and to oppose any legislation which may be considered to be contrary to such joint or separate interests.
(l) To promote, and to control or hold any direct or indirect interest in and to retain control of any such interest in any company or other organisation (whether corporate or unincorporated) calculated to benefit in any way the Industry or the employers and/or employees in the Industry.
(m) To take all such steps as may be considered to be conducive to an increase in the profitability of the Industry and in the welfare of its employers and employees.
(n) To promote and do all such things as may be considered desirable in order to provide to the general public the most efficient service in the provision of electrical installations and all matters connected therewith.
(o) To purchase, take on lease or hire or in any other way acquire any heritable or moveable property and any rights or privileges over or options of acquiring the same, and to sell, lease, mortgage, exchange, partition and otherwise deal in and dispose of any of the heritable or moveable property, rights and privileges of the Scottish Joint Industry Board.
(p) To construct, alter and maintain any buildings required for the purposes of the Scottish Joint Industry Board and to provide the same and any buildings or rooms in the occupation of the Scottish Joint Industry Board with all proper and necessary fixtures, fittings, furniture, apparatus, appliances and conveniences.
(q) To lend money, with or without security.
(r) To collect information and to circulate statistics and other non-confidential information relating to the Industry and to found, manage, support, print, publish, issue, circulate and distribute, whether gratis or otherwise, papers, magazines, circulars and other publications.
(s) To establish and support and to aid in the establishment and support of institutions, organisations, trusts and funds of all kinds.
(t) To do all such other lawful objects and things as may be incidental or conducive to the attainment of the principal objects of the Scottish Joint Industry Board.
The Office
5. The Office of the Scottish Joint Industry Board, which shall also constitute the General Offices of the Scottish Joint Industry Board, shall be situated at The Walled Garden, Bush Estate, Midlothian EH26 0SB or such place in Scotland as the National Board shall from time to time resolve.