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lnternal Regulation as amended by Amendment n 2 of 06 May 2010 and effective from 01 January 2010
This Document contains the Internal Regulation drawn up by the IBM EWC as provided for by Section XXVI of the IBM EWC Agreement of 28 June, 1999, as revised and amended by Amendment no 2 adopted 21 October, 2009 and effective from 1 January, 2010 ("the Agreement").
This version of the Internal Regulation was adopted by the EWC, including the Chairman on October 5, 2000, and amended by Amendment no 1 of 24 April, 2003 and by Amendment no 2 of 06 May, 2010. Changes to the Internal Regulation will be made as indicated in article 6 below.
With reference to Section XXV of the IBM EWC Agreement, amended by Amendment no 2, the internal regulation is a procedural document which defines in more detail various aspects of the EWC's mode of operation. It is written with the aim of facilitating internal cooperation between the IBM EWC members.
1. Changes to IBM Companies' list (ref. Section II of IBM EWC Agreement)
The changes to the list of IBM Companies covered by the agreement will be presented in and will be part of the documentation of the first yearly regular meeting of the EWC. The changes will be those valid as of 31 December of the previous year.
An update of employee numbers by country and by main company, also as of 31 December, will be provided every first annual regular meeting. The employee numbers will be determined according to national law for the nomination of employee representatives to the EWC. These numbers will be the basis for determining changes, if any, in the number of EWC seats per country, which will be reviewed once a year at the first yearly regular meeting.
2. Changes in the EWC Membership (ref. Section III of IBM EWC Agreement)
2.1. Additional seats
If there is an allocation of additional seats for a country, then the new representative(s) will be a member of the EWC and participate in meetings as soon as the process for electing or designating them has been completed.
2.2. Loss of additional seats
If a country loses an additional seat(s) based on a new reallocation of seats, then the representative(s) to lose his/her seat will be determined at country level according to national law and practice. The loss of the seat takes effect as soon as this local process is complete.
2.3. Country representation
If there are new countries covered by the Agreement, the new representative(s) of these countries will participate in meetings as soon as the process for designating employee representatives has been completed in accordance with national law and practice.
3. Secretary and Select Committee Election (ref. Section IV of IBM EWC Agreement)
The election will be conducted during a regular meeting. At this meeting a quorum is required for the election of Select Committee member(s): more than 50% of the total number of employee representatives at the EWC must be present in person.
1) EWC members declare their candidature to the EWC, normally one week before the meeting
2) The election procedure is as follows
3) The EWC elects one of the Select Committee members to be the Secretary. A candidate is deemed elected when he/she receives more than 50% of the votes of the EWC members present. (Example: 17 EWC members, 15 present, 8 votes needed). The procedure as described under 3.1, sub 2) applies
4) The EWC elects one of the remaining Select Committee members to be the Deputy Secretary. The same rules for electing the Secretary will apply.
The EWC elects for each Select Committee member a personal substitute, exclusively to provide for the case where a Select Committee member subsequently loses his membership of the EWC or is absent ill for a period which covers more than two regular meetings. The same rules for electing the Select Committee members will apply.
The Chairman will communicate the outcome of the elections in writing to country management within one month of the elections.
3.2. Duration of the mandate
The Select Committee is elected for the duration of the Agreement. If the Agreement is extended for an additional period, a new Select Committee shall be elected in the first regular meeting of each additional period and the previous Select Committee will remain in place until that date. In case of entering into a renegotiation of the agreement the Select Committee will remain in place for the renegotiation period.
The mandate for a member of the Select Committee will end in the following circumstances:
- resignation as a member of the Select Committee or as a member of the EWC,
- end of mandate as employee representative to the EWC under national law,
- end of employment contract with any of the companies covered in the Agreement.
In case of a vacancy the elected substitute will become a member of the Select Committee till the next regular meeting, when a new election for the vacancy will take place.
Nevertheless, if the vacancy concerns the Secretary, his/her Deputy Secretary will act as Secretary till the next regular meeting.
If for any reason, the Secretary and Deputy Secretary are simultaneously unable to work as Secretary and Deputy Secretary, then the Select Committee will elect among the members of the Select Committee a temporary Secretary to work as Secretary until the next EWC regular meeting or until the Secretary/Deputy Secretary is able to work. Until this election is completed the longest serving Select Committee member will act as Secretary.
3.3. Meetings of the Select Committee
If four of the Select Committee members request a meeting of the Select Committee the Secretary will call the meeting within six weeks.
The date and place of Select Committee meetings will be communicated to the Chairman by the Secretary at least two weeks in advance. Decisions on location will normally aim to optimise the cost.
The Select Committee meetings preparing the next Regular meeting are normally scheduled in March and September.
There will normally be two additional Select Committee meetings per year, if required.
4. EWC Budget
If the EWC decides to appoint an expert within the terms of Section V of the Agreement, the Secretary will send to the expert a letter of mission and request from him a written estimate of costs. The Secretary will communicate to the Chairman the proposed letter of mission for the expert and, when received, the expert's written estimate of costs. The expert must inform the Secretary well in advance if the actual expenses will exceed his estimate of costs. The expert will in that case send an additional written estimate of costs to the Secretary, which will be assessed by the Secretary. The Secretary will inform the Chairman in writing. Any expense in excess of the available budget needs the agreement of the Chairman.
When the mission has been completed, the Secretary will arrange for the expert to send his bill to the Chairman. Any discrepancies between the bill and the estimate will be discussed between the expert and the Secretary. The Secretary will inform the Chairman in writing and discuss with him the further process if the bill exceeds the available budget.
The Chairman will arrange payment by IBM directly to the expert, limited to the agreed budget.
The expert budget as agreed in article V of the Agreement will normally be increased according to the annual average inflation rate of change in Harmonized Indices of Consumer Prices (HICPs) for the European Union (EC6-1972, EC9-1980, EC10-1985, EC12-1994, EU15-2004, EU25-2006, EU27) up to a maximum of 3% per annum. This inflation rate is published by Eurostat, the Statistical Office of the European Communities situated in Luxembourg.
4.2 Simultaneous interpretation and translation of documents
Referring to Section XIV of the Agreement the Chairman and the Select Committee will negotiate the budget required, normally in the previous year between the second regular meeting and year-end.
The documents to be translated are in general as follows: communiqués, minutes of meetings, the internal regulation, experts reports. If charts are distributed, they will be made available by hardcopy at the beginning of the presentation and will normally not be translated. Written descriptions of the main lines of the circumstances requiring an extraordinary meeting, according to Section IX, will be in English; but they will be translated as soon as possible after the extraordinary meeting, if translation is requested by the Secretary.
IBM will arrange for central translation of documents and distribute them as a package within a reasonable time after each meeting (maximum 8 weeks).
IBM takes care of the organisation and payment of simultaneous interpretation and translation of documents.
4.3 Tracking of spending
The Chairman communicates to the Secretary actual spending on experts, simultaneous interpretation and translation of documents versus budget. The statement of expenses on experts, simultaneous interpretation and translation of documents will be provided by the Secretary to the EWC normally at the first regular EWC meeting in a year.
5. Minutes (ref. Section XI of IBM EWC Agreement) and representation
The English-language version of the minutes of the EWC meetings will be distributed to the EWC members by soft copy including the presentations of the EWC meetings. The translation of the minutes will be distributed by soft copy as well. Any IBM Confidential items will be covered in a confidential annexe. The English-language version of the minutes shall prevail. The Chairman will keep the original hardcopy of the minutes duly signed by him and the secretary as the official record of the meeting. The Secretary will receive a copy of the original.
The IBM EWC is represented by the elected EWC Secretary, or by the Deputy Secretary, in case the Secretary is prevented from fulfilling this role. Official communication and/or statements on behalf of the EWC, can only be made public by the EWC Secretary or the Deputy Secretary. If for any reason, the Secretary and Deputy Secretary are simultaneously unable to work as Secretary and Deputy Secretary, the EWC will be represented by the person elected in accordance with or stated in the provisions of Section 3.2 of this Internal Regulation.
6. Duration and Amendments of the EWC Internal Regulation
This Internal Regulation refers to the IBM EWC Agreement of June 28, 1999, as revised and amended by Amendment no 2 adopted 21 October, 2009 and effective from 1 January, 2010. The contents of this Internal Regulation can only be modified by more than 50 % of the total number of employee representatives of the EWC in agreement with the Chairman.
The duration of this Internal Regulation is the same as that of the Agreement. If the Agreement is extended this Internal Regulation is extended accordingly.
If the Agreement expires and the parties enter into a renegotiation, this Internal Regulation continues to apply during the renegotiation period.
Provided, however, that the Internal Regulation can be terminated by IBM or more than 50 % of the total number of employee representatives of the EWC by written notice to the other party at least six months prior to the expiry of the Agreement. In that case the EWC will draw up new Internal Regulation and both parties try to reach acceptance of the new Internal Regulation in good faith within the six month after receiving the written notice of termination. During this period the existing Internal Regulation continues to apply. If new Internal Regulation is not accepted within these six months,
this Internal Regulation continues to apply but the Chairman can withdraw his acceptance to specific sections by written notice to the Secretary.
Marc Born Tim Stevens
EWC Secretary EWC Chairman