Common use of Union Recognition and Membership Clause in Contracts

Union Recognition and Membership. The Company recognises USDAW as the Union to represent team members employed by Wincanton Limited on the Somerfield Contract at ▇▇▇ ▇▇▇▇▇. The Company will actively encourage team members to become, and remain, members of the Union. Throughout this Agreement the terms “the Company” refers to Wincanton Limited at ▇▇▇ ▇▇▇▇▇ in respect of this customer contract. It is freely accepted by both parties that this Agreement shall have relevance only to the team members defined above. None of the Terms and Conditions specified in this document or supplementary thereto shall necessarily have relevance to any other Distribution Centre operated by Wincanton Limited and no claim will be pursued with or accepted by any other Distribution Centre operator purely on the basis of its existence at this depot. Neither shall any claim be pursued or accepted purely on the basis of its existence in any other Wincanton operation. The Company and the Union jointly recognise the Company’s responsibility to plan, organise and manage the distribution operations in order to achieve and maintain maximum efficiency and customer service in distribution operations. Both parties recognise the necessity of flexible working hours. Flexibility of starting times and flexibility in the length of the working day and week will therefore be required from all team members.  Objectives The objectives of this agreement are: - To establish procedures by which matters affecting the relationship between the Company, team members and the Union can be effectively dealt with. - To have a common objective in ensuring that efficiency and prosperity is achieved for the benefit of all concerned. To achieve these objectives the Company and Union agree that there is a need: - To establish a commitment to quality, productivity and efficiency. - To have flexibility in the workplace. - To avoid any action that breaks the continuity of customer service. - To obtain the active participation of all team members through two-way communication.  Representatives The Company recognises the right of team members who are part of the Union to elect representatives from amongst their own members. (The number of representatives is dependent upon the requirement to provide shift cover throughout the operation and must be agreed by management). The Union Area Organiser will notify the Company in writing of the name(s) of the elected representative(s) immediately following an election and in any case within two weeks. The Company reserves the right not to recognise any individual and will discuss these reasons with the Shop ▇▇▇▇▇▇▇ Committee. The Company will not unreasonably refuse to recognise any individual. Facilities will be given to the elected representatives to enable them to exercise their duties including paid time off to conduct Employee Relations duties and attend associated training courses (provided that reasonable notice has been given and agreement reached with management). Union representatives and team members in the scope of this Agreement will always conduct their activities on behalf of the team members in such a manner as not to interfere with, interrupt nor hinder the normal management of the Distribution Centre. If their duties take them outside their own departments, they should seek the prior permission of their manager; such permission will not be unreasonably withheld.  Negotiation The spirit of this Agreement is that the Company and the Union will work together at site level in furtherance of the Company’s interests and those of team members. It is recognised that for negotiation purposes formal relationships between the Company and Union are necessary. Joint consultations involving representatives of the Company and Union will be concerned with any significant changes to the main terms and conditions of employment affecting team members within scope of this agreement. Both parties agree that the majority of matters can and will be dealt with at the Distribution Centre. Any failures to reach agreement during joint consultations and negotiations will be dealt with under the Grievance Procedure.  Communications Forum There will be established at the site a Communications Forum (hereinafter called "The Forum") to provide a means by which Managers and team member representatives can discuss matters of mutual interest and a forum for consultation on issues directly affecting team members’ interests. This Forum shall have relevance only to the ▇▇▇ ▇▇▇▇▇ Distribution Centre and shall not be used for matters of individual grievance or disciplinary matters, which shall be pursued through the procedures detailed. The Forum will incorporate the previous Joint Consultative Committee.  Trade Union Subscriptions Facilities will be given for the collection of Trade Union subscriptions through the payroll.  Termination of the Agreement This Agreement between Wincanton and USDAW may be terminated following the presentation in writing of three calendar months’ notice given by one party to the other.