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Top > Association > Basic Texts > Agreement Sector |
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Article 1 1. The current text contains the practical provisions implementing Articles 24 (10), 37 and 38 of the Statutes, viz. : Article 24 (10) (A Council function) : "To approve the membership and remits of sector delegations, to coordinate their work and to approve the agreements negotiated by them, taking due account of the opinion of the sector concerned". Article 37 (Composition of sectors) : "Members who have professional interests in common may form sectors". Article 38 (Functions of sectors) : "The sectors shall submit their rules of procedure, which shall be in conformity with the Association's Statutes and rules and regulations, for approval by the Council. Any decision taken by the Council may be the subject of an appeal to the Assembly by the sector concerned. This must be submitted within one hundred-and-twenty days of notification of the decision. The Council's decision shall apply pending the outcome of the appeal. The sectors shall propose a delegation for the Council to approve. This delegation shall be responsible for ensuring liaison between the sector concerned and the Council and, with the Council's approval, for representing the sector vis-à-vis third parties." Definition 2. The term "Agreement Sector" shall apply to any sector composed of members of the Association who work for one or more organizations that have signed an agreement with the Association. 3. Members of the Association who have professional interests in common that involve the possible negotiation of an agreement and who wish to form a new sector shall submit a proposal to that effect to the Council. The latter shall inform all members of the Association and convene a meeting open to all members who might have an interest in the proposed new sector in order to allow them to take a decision. The decision to form a new sector shall be notified to the Council. Provided no valid objections are received, the Council shall then confirm the formation of the new sector. Sectoral meetings 4. Sectors may, in their rules of procedure, define the conditions of attendance, participation, as well as voting rights, at sectoral meetings. In the absence of specific rules of procedure concerning attendance, participation and voting rights at sectoral meetings, the following rules shall apply mutadis mutandis : a) All members of the Association, including candidates, have the right to participate and vote in sectoral meetings; b) Pre-candidates of the Association have the right to participate in sectoral meetings. 5. a) Each sector shall hold a sectoral meeting to elect its negotiating delegation from among members of the Association and to adopt the delegation's terms of reference in accordance with its rules of procedure. b) The composition of delegations, and any changes thereof, as well as their terms of reference shall be submitted to Council for approval. The Council may add further (non-elected) members of the Association to the elected delegation, as full members or as consultants. c) The Council shall inform all parties to an agreement of the composition of the Association's delegation. d) Unless the Council decides otherwise, the term of office of a negotiating delegation shall continue until the election of a new delegation by the sectoral meeting and approval of its membership by the Council. e) When a delegation resigns, it shall convene a sectoral meeting for the purposes of electing a new delegation. It shall remain in office until the membership of the new delegation has been approved by the Council. The Bureau shall take all necessary measures in the event of a hiatus. Article 2 1. Agreements should include inter alia provisions governing conditions of employment and remuneration, working conditions, manning strengths, social security cover, etc. The terms and conditions specified in an agreement may differ from those described in the Association's Professional Standards and are binding on members, as stated in Article 12 thereof. 2. When negotiations have been completed and approval has been given by a duly convened meeting of the sector, the proposed agreement shall be submitted without delay to the Council. 3. The Council shall take a decision on the proposed agreement as soon as possible, through written consultation if necessary, and no later than at its next session (with a notice of at least one month). 4. When an agreement is approved and signed, it shall be made known to all the members of the Association who shall be bound thereby. The full text shall be made available to all members on request. B - Monitoring of agreements The negotiating delegation shall be responsible for monitoring the implementation of the Agreement, including any formal consultations, interpretation, review, disputes procedures etc. in accordance with the terms of the Agreement. 2. Local/professional delegations a) The tasks of monitoring an agreement locally and dealing with minor problems specific to one organization or locality may be delegated to one or several local/professional delegations (usually one per organization/ locality). b) Local/professional delegations shall comprise at least two persons who work regularly for the organisation (at the location) concerned. They should be members of the Association, unless otherwise decided. c) Local/professional delegations shall be elected at a sectoral or sub-sectoral/local meeting. d) The composition of the local/professional delegation shall be notified for information to the negotiating delegation, who in turn will notify the Council for approval. The Council will inform the relevant organisation. e) Unless the Council decides otherwise, the term of office of a local/professional delegation shall continue until such time as a new delegation has been appointed in accordance with the procedure laid down in Article 2 B, 2 c) and d). f) When a local/professional delegation resigns, it shall convene a meeting for the purposes of electing a new delegation. It shall remain in office until the membership of the new delegation has been approved by the Council. The negotiating delegation shall take all necessary measures in the event of a hiatus. Article 3 Any proposal to amend this Regulation shall be decided upon by the Council, after consultation with sectors, on the basis of a two-thirds majority of votes cast. A legal opinion may be sought, prior to the vote being taken, if deemed necessary.
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