Introduction to the National Working Rules

Bargaining Rights

The Parties to these National Working Rules have agreed that Unite the Union shall have sole bargaining rights in respect of all employees at all levels employed under the terms of these Rules and the Collective Agreement/s from which they emanate.

Any unqualified reference to a “Trade Union” within these rules refers to the Union and any unqualified reference to a “Shop Steward” or “Trade Union Representative” refers only to accredited Shop Stewards and Representatives of that Union.

The word “unqualified” has been added to cover references to Shop Stewards/Officers of other Unions in the text covering representation in an unofficial capacity by officers of other Unions under the terms of the Disputes, Grievance and Unfair Dismissals Procedures.

The word “representation” has been deleted to avoid misunderstandings in the above context.

Equality of Application

It is the intention of the Parties to the Collective Agreements, of which the following Rules form a part, that there shall be, in the application of those Rules, no discrimination on the grounds of race, sex, disability, creed, colour, marital status, age or gender.

Dispensation

Members are reminded that all electrical and instrumentation work must be carried out within the terms of the SJIB National Working Rules.  Permission to operate in a manner different from that contained within the National Working Rules must be sought and dispensation granted before any member deviates from the Rules.

Furthermore member firms are advised to satisfy themselves at the enquiry stage whether work will be done in accordance with the SJIB conditions or otherwise.

Gender Equality

For the avoidance of doubt the terms “employer, employee, operative, technician, approved electrician, electrician, labourer, tradesman, trainee, probationer, apprentice and adult trainee”, all terms used in these Rules are intended to apply equally and without distinction to both men and women.

Therefore where, for simplicity, the masculine pronoun has been used, this is intended to apply to both men and women.

The Working Time Regulations 1998 (As Amended)

The Working Time Regulations 1998 allow certain exclusions from their application, known as derogations, which can be effected through a collective agreement.  The SJIB National Working Rules is such a collective agreement and the Signatory Parties have agreed to incorporate, to their full extent, all possible derogations in order to preserve current working arrangements.

For the application of SJIB National Working Rules 1.4, 1.6, 1.10(A), 1.11, 1.14(b), 1.14(c), 1.14(d), 1.16 and 1.17 in accordance with regulation 23 of The Working Time Regulations 1998, for employees whose contract of employment is based on these National Working Rules, the application of regulations:

• 6(1), 6(2), 6(3) and 6(7) (limit on night work hours and period over which night work hours are averaged);
• 10(1) (daily rest periods for adults);
• 11(1) and (12) (weekly rest periods for adults);  and
• 12(1) (rest break for adults);

is hereby excluded and those regulations do not apply.  Also, it is recognised that the nature of work in the electrical contracting industry is such that for organisational, objective and technical reasons, the reference period over which weekly working hours are to be averaged for the purpose of regulations 4(3) is to be 52 weeks, and this is the reference period that will apply for the purpose of regulations 6(3)(a), (i.e. the period over which night work hours are averaged).

Note: The Working Time Regulations 1998, require an employer to ensure that the operative will have the opportunity of a free health assessment before he takes up night work, or the operative had a valid health assessment, and shall ensure that a night worker has the opportunity of a free health assessment at appropriate regular intervals.

Preamble
The spirit and intent of the National Working Rules recognises the necessity for local and geographically-based variations.  Such variations are recognised in the following where the words “Scottish JIB” (SJIB) will be deemed to cover the Scottish Agreement and “JIB” the Agreement covering England and Northern Ireland, and any reference to Wales is for information and assistance only. www.jib.org.uk