Special Negotiating Body

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A body that can be established under the European Works Council Directive 1994 for the purpose of negotiating an information and consultation procedure within large European companies; that is, to establish a European works council. The directive states that an SNB must be created by the employer where this is requested by 100 or more employees or, alternatively, that the SNB can be established on the initiative of central management. The SNB is required to have between three and seventeen employee representatives, with all relevant states having at least one member. Under the UK's regulations implementing the directive, British representatives on the SNB must either be elected by a ballot of the workforce or be nominated from the members of an existing consultative committee that was itself elected by ballot. Once established the SNB has three years to negotiate the composition, functions, administration, and financing of a European works council or an equivalent procedure for informing and consulting employees on transnational issues. These agreements are known as Article 6 agreements and more than 100 had been negotiated by the year 2000. If management refuses to negotiate or agreement cannot be reached, the subsidiary or mandatory provisions for an EWC set out in the directive come into force. The purpose of the special negotiating procedure is to allow companies covered by the directive to negotiate an EWC that fits the structure and traditions of the enterprise, thereby allowing a degree of flexibility within the regulations.

Subjects: Human Resource Management.

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