S.L. 452.86 Art. 6Functions and procedures of the Special Negotiating Body.

(1) The function of the Special Negotiating Body shall be to negotiate with the central management, for a written agreement or agreements for the establishment of arrangements for the information and consultation of employees and for determining the scope, composition, functions, and term of office of the European Works Council or alternative arrangements for implementing a procedure for the information and consultation of employees.

(2) The Special Negotiating Body shall be composed of at least three members who shall be elected or appointed according to the following criteria:

(a) one member representing each member state in which the community-scale undertaking has one or more establishments, or in which the Community-scale group of undertakings has its controlling undertaking or one or more controlled undertakings; and

(b) one additional member from a Member State where at least 25% but less than 50% of the employees of the undertaking or group of undertakings who are employed in the Member States;

(c) two additional members from a Member State where at least 50% but less than 75% of the employees the undertaking or group of undertakings who are employed in the Member States are employed;

(d) three additional members from a Member State in which 75% or more of the employees of the undertaking or group of undertakings who are employed in the Member States are employed.

(3) Employees’ representatives from countries that are not Member States may be permitted to participate in the meetings and activities of the European Works Council if there is agreement between the central management and the Special Negotiating Body to this effect, but shall not be entitled to vote.

(4) The method of selection of the members representing 2(3)(a) and who are in employment but not in their probationary period on the date of nomination, and the central management shall appoint a responsible person to act as ballot supervisor to oversee the whole process of nominations and election, and any expenses related to the process of appointing or electing the Special Negotiating Body shall be borne by the central management.

(5) The date for nomination of candidates, which shall be established by the ballot supervisor, shall be within two months from the date when the request to commence negotiations on an agreement to establish a European Works Council was made or when the decision was taken by central management to commence negotiations on its own initiatives, whichever was the earlier.

(6) Where the number of candidates on the day of nomination equals the number of representatives to be elected to the Special Negotiating Body, these shall be considered to have been automatically appointed to the Special Negotiating Body.

(7) Where the number of candidates on the day of nomination exceeds the number of representatives to be elected to the Special Negotiating Body, arrangements shall be made by management to hold a secret ballot to elect the required number of representatives.

(8) Arrangements for the holding of such a ballot shall be finalised by the central management within one month from the date of nomination of candidates referred to in subregulation (5) and the central management shall ensure that the process of nominations and the ballot itself shall be overseen by the ballot supervisor. The ballot itself, if necessary, shall be held within two months from the date of nomination of candidates referred to in subregulation (5).

(9) Any employee who is in employment on the day or days of the election and satisfies the criteria referred to in regulation 2(3)(a) shall be entitled to vote in such an election.

(10) Any person may make a written complaint in relation to any aspect relating to the election of the representatives to the Special Negotiating Body including the eligibility to stand for election, eligibility to vote or the organisation of such a ballot, to the Director responsible for Industrial and Employment Relations, who shall investigate whether such a complaint is well-founded and who may direct that appropriate measures be taken by any person involved to eliminate any grounds for well-founded complaints, and any decision taken by the Director on any matter relating to the organisation of the ballot shall be final.

(11) It shall be the duty of the ballot supervisor to give the formal results of the process of nomination or ballot held to appoint the Special Negotiating Body, as the case may be, to the central management and local management as soon as practicable, and in any case within one month, after the date of the election or appointment of its members.

(13) Subject to subregulation (14), the special negotiating body shall take decisions by a majority of the votes cast by its members and each member of the Special Negotiating Body shall have one vote.

(14) The Special Negotiating Body may decide, by at least two-thirds of the votes, either not to open negotiations in accordance with subregulation (12), or to terminate the negotiations already opened, in which case the provisions of the Schedule shall not apply.

(15) A new request to convene the Special Negotiating Body may be made at the earliest two years after the decision mentioned in subparagraph (14) has been taken, unless the parties concerned agree on a shorter period.

(16) For the purpose of the negotiations, the special negotiating body may be assisted by experts of its choice.

(17) Any reasonable expenses relating to the negotiations referred to in this regulation shall be borne by the central management so as to enable the Special Negotiating Body to carry out its functions in an appropriate manner.

(18) For the purposes of the preceding subregulation, reasonable expenses shall include the cost of meetings of the Special Negotiating Body, whether with the central management or otherwise, including the cost of materials, the venue, translations, travel and accommodation, and the equivalent cost of one expert per meeting.