Rights and Obligations of Members

Rights and Obligations of Members

11. Every employer and employee participant shall enjoy the following rights and privileges as may be determined from time to time by the Scottish Joint Industry Board:

(a) Participation in schemes which regulate relations between employers and employees in the Industry for the purpose of stimulating and furthering the improvement and progress of the Industry, including the education, training and grading of employees, increasing skills, improving methods of work, increasing safety, productivity and profitability, and participation in the existing holidays with pay scheme and sickness benefits scheme which shall continue for the benefit of the employee participants together with such improvements to these schemes and other welfare and provident schemes for the mutual advantage of employers and employees engaged in the Industry and their customers; and

(b) the right to receive such publications as the Scottish Joint Industry Board shall make available at such rates, if any, as the National Board shall from time to time prescribe; and

(c) the benefit of collective action by the Scottish Joint Industry Board to safeguard their interests within and without the Industry with outside bodies, including the Government and under existing or proposed legislation, so as to enhance their service to the public in the most efficient manner.

12. Every member of the Scottish Joint Industry Board shall be and remain bound by and shall at all times observe and comply with the provisions of these Rules and of the bye-laws.

13. (a) Every employer participant and every employee participant shall be and remain bound:

(i)  to accept, to observe and to comply with the decisions, regulations, agreements and the National Working Rules made by the National Board or by any Standing or other Committee of the National Board or by any Regional Board or by any Sub-Committee of any such Committee or Regional Board which in any way regulates, controls or otherwise relates to wages, welfare benefits or conditions of employment within the Industry or any part thereof, or otherwise regulates the relations between employers and employees engaged in the Industry or any part thereof and which for the time being extends or applies to such participant in its or his capacity as a member of SELECT or (as the case may be) of Unite the Union or as an employer or (as the case may be) employee so engaged; and

(ii) in the case of any kind of dispute or difference arising from employment of labour within the Industry or any part thereof and in any way involving or affecting such participant in its or his capacity as aforesaid, to notify the Scottish Joint Industry Board, to accept, rely upon and invoke the jurisdiction of the Scottish Joint Industry Board, or of any person or body of persons in that behalf provided or recommended by or on behalf of the Scottish Joint Industry Board as the forum for adjudicating upon such dispute, subject always to any right of appeal from the decision of that forum on such dispute and to accept, to observe and to comply with any final decision made or given on such dispute by such forum or by any person or body of persons acting on appeal from such forum with reference to such dispute.

(b) For the purpose of paragraph (a) (i) of this Rule:

(i) all recommendations, decisions, regulations, agreements and the National Working Rules made at any time before the Effective Date by the Parties acting as the joint wages negotiating machinery for the Industry in Scotland and for the time being still operative shall be deemed to have been made by the National Board;

(ii) nothing herein contained shall be deemed to affect the prerogative of employer participants to engage and dismiss their employees; and

(iii) nothing herein contained shall be deemed to affect the right of an employee to terminate his employment.

14. Every employer participant and every employee participant shall be expected to supply for the confidential use of the Scottish Joint Industry Board such reasonable information concerning his activities as an employer or (as the case may be) an employee engaged in the Industry as the National Board shall in its absolute discretion from time to time require to enable the Scottish Joint Industry Board to carry out its functions.

Notwithstanding anything in these Rules, or any exemption given by the Data Protection Act 1998 (or any modification or replacement thereof), the National Board and the Parties agree that neither of them will process or use any personal data relating to any employer or employee acquired or held by the Scottish Joint Industry Board for the administration of the SJIB Grade (ECS) Card Scheme, other than for that purpose alone, unless expressly authorised by both the employer and the employee of that employer.

15. The employer participants and employee participants shall pay to the Scottish Joint Industry Board subscriptions or contributions of such respective amounts (if any) and at such respective times (if any) as the National Board may in its absolute discretion from time to time resolve.