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FINAL DRAFT RULES Copies of the
booklet are available in large print or Braille. Should you require
it in one of these formats please contact either the Conference
Department at the Amicus section (020 8315 8204) or the Administration
Department at the T&G Section (020 7611 2500). Approved by
the Joint Executive Council on 24 April 2008 2 Contents
RULE 1. TITLE AND REGISTERED OFFICE
RULE 2. OBJECTS
RULE 3. MEMBERSHIP
RULE 4. MEMBERSHIP CONTRIBUTIONS and BENEFITS
RULE 5. OBLIGATIONS OF MEMBERS
RULE 6. LAY OFFICE
RULE 7. INDUSTRIAL/OCCUPATIONAL/PROFESSIONAL SECTORS
RULE 8. REGIONS
RULE 9. YOUNG MEMBERS
RULE 10. MEMBERS IN RETIREMENT
RULE 11. EQUALITIES
RULE 12. POLICY CONFERENCE
RULE 13. RULES AMENDMENT
RULE 14. EXECUTIVE COUNCIL
RULE 15. GENERAL SECRETARY AND JOINT GENERAL SECRETARIES
RULE 16. ELECTION OF EXECUTIVE COUNCIL MEMBERS AND THE GENERAL
SECRETARY
RULE 17. BRANCHES
RULE 18. WORKPLACE REPRESENTATION
RULE 19. FUNDS
RULE 20. ASSETS AND TRUSTEE PROVISION
RULE 21. EXPENSES
RULE 22. POLITICAL ORGANISATION – THE LABOUR PARTY
RULE 23. POLITICAL FUND
RULE 24. IRELAND
RULE 25. REPUBLIC OF IRELAND – STRIKES AND OTHER INDUSTRIAL
ACTION
RULE 26. ISLE OF MAN
RULE 27. MEMBERSHIP DISCIPLINE
RULE 28. OFFICIAL ANNOUNCEMENTS
RULE 29. VOLUNTARY DISSOLUTION
RULE 30. TRANSITIONAL PROVISIONS FOR SUPERANNUATION SCHEMES
RULE 1. TITLE AND REGISTERED OFFICE
1.1 The Union formed under these rules (hereinafter called
the Union) shall be known by the title of “Unite the Union”.
1.2 This Rule Book applies to all members of the Union, and
represents the entirety of the rules applicable to members of
the Union, save as explicitly provided for under this Rule Book.
For the avoidance of doubt, the Amicus and TGWU Sections ceased
to exist on the day these rules came into force and neither of
those sections shall constitute a group or association or other
body or organisation of members for the purposes of these rules.
1.3 The Registered Office of the Union shall be Transport
House, 128 Theobalds Road, London WC1X 8TN and 35 King Street,
Covent Garden, London WC2E 8JG or such other place as may be
decided upon by the Executive Council.
RULE 2. OBJECTS
2.1 The objects of the Union shall, so far as may be lawful,
be:
2.1.1 To organise, recruit and represent workers.
2.1.2 To defend and improve its members’ wages and working
conditions including the pursuit of equal pay for work of equal
value.
2.1.3 To defend and improve the social and economic well-being
of members and their families, both directly and via commensurate
policies in relation to society both domestically and abroad.
2.1.4 To further political objectives including by affiliation
to the Labour Party. 2.1.5 To promote equality and fairness for
all, including actively opposing prejudice and discrimination
on grounds of gender, race, ethnic origin, religion, class, marital
status, sexual orientation or identity, age or disability.
2.1.6 To affiliate to the TUC, ICTU, Welsh and Scottish TUCs
and other appropriate trade union cooperation/coordination bodies
domestically and internationally.
2.1.7 To promote constructive cooperation between trade unions
internationally to further the interests of members of the Union
and those in other unions in dealing with the direct and indirect
impact of globalisation.
2.1.8 To promote education and training; both vocational and
industrial and otherwise as conducive to these objects.
2.1.9 To provide such financial and other benefits and legal
assistance to members as may be specified in these rules.
2.1.10 To do all such other things as may in the opinion of
the Executive Council be incidental or conducive to the attainment
of these objects. 4
RULE 3. MEMBERSHIP
3.1 The Executive Council shall define the categories of membership.
Where the Union organises or represents persons engaged in an
occupation or seeks to do so, any person engaged in that occupation
shall be eligible for membership of the Union, subject to these
rules.
3.2 There shall be a category of membership for those members
who are unable to follow employment because of retirement or
permanent disablement. The Executive Council shall determine
the qualifications for membership of this category as well as
the level of contributions and entitlement to benefit. Such membership
shall not accord an entitlement to vote in any ballot or election
held by the Union other than an election to the office of General
Secretary under rules 15 and 16, an election to any position
within the Retired Members’ Association or any ballot or
election in which all members must by statute, be accorded an
unconditional entitlement to vote.
3.3 Any eligible person may apply for membership by completing
the appropriate application form agreeing to be bound by the
rules of the Union and submitting it to the Union office or by
electronic means as may be provided for via the Union’s
website. An applicant shall become a member when his/her application
has been approved and he/she has been entered into the register
of members. Such approval process may require receipt by the
Union of the contribution applicable under these rules.
3.4 Each member must notify the Union’s membership department
of any subsequent change of address, and in the absence of such
notice the Union shall be entitled to treat the address shown
on that member’s application form as the member’s address
for all correspondence.
3.5 Each member must notify the Union’s membership department
of any subsequent change of workplace or contribution category
status.
3.6 If an applicant has previously been a member of the Union
(or any of its predecessors), the Executive Council may, as a
condition of re-admission, require the applicant to pay some
or all of any monies owed by the applicant to the Union (or any
of its predecessors).
3.7 The Executive Council may reject an application if in
its opinion the conduct of the applicant has at any time been
such as would justify a disciplinary charge under these rules
against a member of the Union who behaved in a similar fashion.
3.8 Any period of continuous membership of a predecessor union
at the point of amalgamation or transfer shall count as continuous
membership of the Union for the purposes of these rules. 5
RULE 4. MEMBERSHIP CONTRIBUTIONS and BENEFITS
4.1 It shall be the personal responsibility of the member
to maintain contributions and avoid arrears in all circumstances.
Any period during which a member’s contributions are 13
or more weeks in arrears shall break continuity of membership
for the purpose of the qualification required to be an officer
employed by the Union set out in rule 14 save where a member
establishes to the satisfaction of the Executive Council that
the arrears arose through no fault of that member. A member whose
contributions are recorded by the Union as more than 26 weeks
in arrears may be excluded from membership by the Union posting
notice to that effect to the member. A member so excluded from
membership may apply for reinstatement which may be allowed on
such terms as to the payment of outstanding arrears as the Executive
Council may consider appropriate.
4.2 The Executive Council shall determine the period of membership
necessary prior to the member attaining eligibility for benefits,
and any period during which contributions are in arrears which
shall remove such eligibility.
4.3 The Executive Council shall determine the level of contributions
for each category of membership.
4.4 The Executive Council shall determine the scope and level
of benefits.
4.5 The Union shall pay dispute benefit in such circumstances
and on such terms as are decided by the Executive Council from
time to time. 4.6 The Union will provide legal assistance, as
follows:
4.6.1 A member who is entitled to benefit who suffers injury
or disease arising out of or in connection with his/her employment
(or the dependants of such a member who has died) shall be entitled
to such legal advice and representation, and on such terms, as
the Executive Council may consider appropriate.
4.6.2 A member seeking legal assistance must ensure that a
request in the appropriate form is lodged at the appropriate
Union office in sufficient time and with sufficient information
to enable the request to be considered and appropriate action
taken.
4.6.3 A member who requires advice and/or representation on
a problem relating to the member’s employment which first
arose at a time when the member was entitled to benefit and which
cannot be resolved through the member’s workplace representative
should refer the matter to the appropriate Regional Officer.
The Union may provide such advice and/or representation as the
Executive Council shall consider appropriate, whether
by a full time officer or otherwise, and on such terms as the
Executive Council shall consider appropriate.
http://www.bailii.org/uk/cases/UKEAT/2008/0384_07_1203.html
4.6.4 The Executive Council may provide such additional legal
advice and representation to members and to members’ families
as it may consider appropriate.
4.6.5 The Executive Council may extend legal assistance to
a member who is not otherwise entitled to benefits.
4.6.6 A member who is given advice and/or representation under
this rule shall provide all relevant information and co-operate
fully with the compilation of evidence for any legal proceedings
and shall comply with any other obligations and/or conditions
set out in any arrangements for the provision of legal assistance.
If a member fails to do so or provides false or misleading information
or fails to act upon the advice of those appointed to represent
him/her, the Executive Council may at its absolute discretion
annul all legal assistance or withdraw any further legal assistance
to that member.
4.7 The Executive Council shall have discretion to provide
additional benefits.
RULE 5. OBLIGATIONS OF MEMBERS
5.1 A member of the Union must comply with these rules and
with any duty or obligation imposed on that member by or pursuant
to these rules whether in his/her capacity as a member, a holder
of a lay office or as a full time officer.
5.2 A member must not knowingly, recklessly or in bad faith
provide the Union with false or misleading information relating
to a member or any aspect of the Union’s activities.
5.3 A motion shall not be submitted by or on behalf of the
Union or any group or body within the Union to an organisation
or body outside the Union if that motion is inconsistent with
existing Union policy.
5.4 When acting as a representative of the Union at a meeting
of an organisation or body outside the Union a member shall speak
and vote in accordance with the policy of the Union and with
any decision taken by the Union’s representatives at that
meeting which is consistent with the Union’s policy.
RULE 6. LAY OFFICE
6.1 The Executive Council shall make provision to ensure accountability
of Regional and Industrial Executive Council members and those
Executive Council members elected pursuant to rule 14(3.3) shall
meet with their respective National Committees at least four
times per year.
6.2 In order to be eligible to be a candidate for election
to, or hold office on, the Executive Council and/or any committee,
council, or other body of the Union provided for by these rules,
the member in question must be an accountable representative
of workers.
6.3 The definition of the term “accountable representative
of workers” shall be in RULE 4, MEMBERSHIP CONTRIBUTIONS
and BENEFITS
the exclusive power of the Executive Council, which is empowered
to take into account changing industrial realities and the unique
nature of some industries (e.g.construction, contracting, leisure,
rural etc) in formulating such a definition. It must nevertheless
include Branch office-holders who are in employment, shop stewards,
health & safety and equalities representatives.
6.4 It is further required that a fair procedure be developed
by the Executive Council to deal sympathetically with cases where
a member’s eligibility to stand for election or continue
to hold office may be affected by employer victimisation.
6.5 The electoral period to hold lay office shall be two years
unless otherwise provided for under these rules.
RULE 7. INDUSTRIAL/OCCUPATIONAL/ PROFESSIONAL SECTORS
7.1 Members in employment shall be allocated to the Industrial
Sector in which they are employed. The term ‘Industrial
Sector’ is a generic term including occupational and professional
sectors.
7.2 There shall be organisation and representation of union
members at both regional and national level by reference to their
Industrial Sector.
7.3 These Industrial Sectors shall be determined by the Executive
Council, which shall have the right to amalgamate existing sectors
and to create new sectors as seems expedient on the basis of
industrial logic and developing patterns of membership organisation.
7.4 Each Industrial Sector shall be led by a National Industrial
Committee, to be elected from the appropriate Regional Industrial
Sector Committees in such proportion, as may be determined by
the Executive Council. The Executive Council shall have the power
to determine additional special constituencies (which may be
on a national basis) where they deem it necessary in light of
the particular industrial circumstances of the sector.
7.5 National Industrial Committees shall enjoy full autonomy
in the conduct of their own proper industrial business provided
that such conduct is not inconsistent with the general policy
and objectives of the Union.
7.6 Each Industrial Sector shall hold a national conference,
with delegates elected from amongst the membership in that sector,
once every two years to determine its own industrial policies
provided that they are not inconsistent with the general policy
and objectives of the Union.
7.7 Each Industrial Sector shall, where practicable, be divided
into Regional Industrial Sectors, in conformity with the territorial
Regions of the Union. There shall be a Regional Industrial Sector
Committee in each Region where a Regional Industrial Sector is
established elected in such proportion, as may be determined
by the Executive Council, to reflect Branch and workplace organisation.
7.8 Members employed in managerial, professional, supervisory,
technical and/or clerical grades may, where appropriate, be organised
and represented separately from other members in the same sector.
7.9 Special sub-sectors and/or advisory committees of Industrial
Sectors
7.9.1 The Executive Council shall constitute special sub-sectors
and/or advisory committees of Industrial Sectors as may seem
expedient, on the basis of company or occupation, and shall have
discretion to maintain the autonomy of specific craft or professional
groupings which may not have the status of industrial committees.
7.9.2 The Executive Council may approve byelaws to govern
the activities of a group or association or other body or organisation
of members. In the event of a conflict between these rules and
the byelaws of a group or association or other body or organisation
of members, these rules shall prevail. Any amendment to the byelaws
of a group or association or other body or organisation of members
shall require the consent of the Executive Council
7.9.3 Any group or association or other body or organisation
of members existing immediately before these rules came into
force which had its own constitution, byelaws, regulations or
rules shall treat that constitution, those byelaws, regulations
or rules as being byelaws for the purposes of these rules. Accordingly,
in the event of a conflict between these rules and the constitution,
byelaws, regulations or rules of a group or association or other
body or organisation of members, these rules shall prevail. Further,
any amendment to such constitution, byelaws, regulations or rules
shall require the consent of the Executive Council which may
also amend such constitution, byelaws, regulations or rules after
consultation with the relevant group or association or other
body or organisation of members.
7.10 The Executive Council shall decide, and may alter, the
number and description of the sectors provided that when these
rules first come into force the sectors shall include: •
Finance and Legal • Servicing & General Industries •
General Clerical and Administration • Vehicle Building &
Automotive • Motor Components • Food, Drink and Tobacco
• Rural & Agricultural • Construction • Health
• Paper Graphical & Media • Passenger Transport
• Aerospace & Shipbuilding • Chemical, Pharmaceuticals,
Process & Textiles • Road, Transport Commercial, Logistics
& Retail Distribution • Local Authorities • Civil
Air Transport • Energy & Utilities • Community,
Youth Workers and Not for Profit • Metals (including Foundry)
• Electrical Engineering & Electronics • Education
• MOD & Government Departments • Docks, Rail, Ferries
and Waterways • IT & Communications
RULE 8. REGIONS
8.1 For the purpose of regional administration the Union shall
constitute Regions for Ireland, Scotland and Wales with England
divided into 7 Regions on the basis of Regional Development Agency
boundaries (as at 1st January 2006) as follows: North West; North
East, Yorkshire and Humberside; West Midlands; East Midlands;
South West; South East; and London and Eastern
8.2 Each Region shall have a Regional Committee of lay members
elected from the Regional Industrial Sector Committees, Area
Activists Committees where established, and as otherwise provided
for by these rules in such proportions, as may be determined
by the Executive Council.
8.3 The Regional Committees shall have responsibility for
the management of the Union’s affairs in their Regions in
conformity with decisions of the Executive Council and responsible
to it.
8.4 The Regional Committees shall have their own funds not
exceeding 1% of the membership income attributable to members
within that Region. Regional Committees shall be responsible
for the affiliation of union organisations to Trades Councils
and appropriate public bodies within their Region.
8.5 Regions shall constitute Area Activists meetings between
activists in different companies, sectors and Branches, across
geographical areas within a Region, subject to the approval of
the Executive Council. These meetings shall elect Area Activists
Committees, the size and composition of which being determined
by the respective Regional Committee, subject to the approval
of the Executive Council. 8.6 The Regional Committee shall meet
once a quarter or more frequently if, in the opinion of the Regional
Secretary, the business renders it necessary. The Regional Secretary
is responsible for convening all meetings.
8.7 The Regional Committee shall have power to appoint one
or more subcommittees from among its members and, except where
otherwise determined by the Executive Council, shall have the
power to delegate to any such subcommittee all or any of its
powers including therein the conduct of hearings, appeals, inquiries,
investigations or any other proceedings or functions whatever
which it is authorised by these rules to undertake.
RULE 9. YOUNG MEMBERS
9.1 In each Region there shall be a young members’ forum
open to all members up to and including the age of 27 in that
Region. Each regional forum shall elect one observer delegate
to the Regional Committee.
9.2 The purpose of the structure shall be to advocate the
interests of young workers, to cement links with youth organizations
both within the labour movement and beyond and to promote relevant
policies provided that they are not inconsistent with the general
policy and objectives of the Union.
9.3 There shall be conferences in each Region every two years
for young members. The Regional Secretary shall be responsible
for convening these conferences. The Executive Council shall
determine the number of delegates to the regional conferences
and how they shall be appointed or elected.
9.4 There shall be a Young Members Regional Committee elected
from Branches, Regional Industrial Sector Committees and Area
Activists Committees where established in such proportion, as
may be determined from time to time by the Executive Council.
9.5 There shall be a national conference every two years for
young members which the Executive Council shall be responsible
for convening. The Executive Council shall determine the number
of delegates to the national conference and how they shall be
appointed or elected.
9.6 There shall be a Young Members National Committee elected
from each Young Members Regional Committee in such proportion,
as may be determined from time to time by the Executive Council.
RULE 10. MEMBERS IN RETIREMENT
10.1 There shall be established an association for Retired
Members which shall be supported by the Union in the manner determined
by the Executive Council.
10.2 The Retired Members Association (hereafter RMA) shall
promote the interests of all senior citizens by working with
other bodies involved with the retired, cementing links with
the Union and ensuring its support both within the Union and
beyond. The RMA shall harness the support of members in retirement
in promoting the Union’s political and campaigning objectives.
10.3 The RMA shall have regional RMA Branches and a National
Committee of the RMA. Standing Orders for these Branches and
National Committee shall be determined by the Executive Council.
RULE 11. EQUALITIES
11.1 The Union shall strive to have elected equalities representatives
recognized and active in all workplaces and who participate in
the work of the Union’s industrial structure.
11.2 All constitutional conferences and committees of the
Union shall have a gender and ethnic balance of elected representatives
at least reflecting the proportion of the black, Asian and ethnic
minority and female membership which they represent. The Executive
Council shall ensure the implementation of this rule and shall
report on its implementation to the Policy Conference of the
Union.
11.3 There shall be separate conferences in each Region every
two years for women members; black, Asian and ethnic minority
members; disabled members; and lesbian, gay, bisexual and transgender
members. The Regional Secretary shall be responsible for convening
these conferences.
11.4 There shall be Regional Committees for women members;
black, Asian and ethnic minority members; disabled members; and
lesbian, gay, bisexual and transgender members, elected from
the Regional Industrial Sector Committees and Area Activists
Committees where established in such proportion, as may be determined
by the Executive Council. These committees shall each elect a
delegate to their respective Regional Committee of the Union
as a whole.
11.5 There shall be separate national conferences every two
years for women members; black, Asian and ethnic minority members;
disabled members; and lesbian, gay, bisexual and transgender
members. The Executive Council shall be responsible for convening
these conferences which shall be made up of delegates elected
at each of the appropriate Regional Conferences.
11.6 There shall be National Committees for women members;
black, Asian and ethnic minority members; disabled members; and
lesbian, gay, bisexual and transgender members, elected from
their respective Regional Committees in such proportion, as may
be determined by the Executive Council.
RULE 12. POLICY CONFERENCE
12.1 The supreme policy making body of the Union shall be
a Policy Conference held every two years consisting so far as
is reasonably practicable of one lay delegate for each two thousand
members of the Union. The first Policy Conference shall be convened
within one year following the adoption of these rules. Only elected
lay delegates shall have the right to vote. No member shall be
a lay delegate if they are currently employed by the Union.
12.2 Motions to the Policy Conference shall be confined to
the general policies of the Union and shall not deal with matters
relating to the interpretation or amendment of rule or which
are concerned solely with the Union’s policy within an Industrial
Sector.
12.3 The Executive Council shall determine the procedure for
nomination, qualification and election of delegates and the constituencies
from which they shall be elected.
12.4 The Executive Council shall be in attendance at any Policy
Conference, and its members may speak upon but may not vote on
any subject.
12.5 Each delegate shall hold office until the next Policy
Conference.
12.6 The Executive Council shall determine the number of policy
motions which may be submitted by the Branch; regional; industrial
and equalities structures,and from the Executive Council itself.
12.7 The Policy Conference shall be chaired by the Chair of
the Executive Council.
12.8 The Policy Conference may be recalled by the Executive
Council in an emergency. It shall deal only with the business
for which it is summoned.
12.9 The Executive Council shall draft the standing orders
for the Policy Conference. A Standing Orders Committee shall
be constituted on the basis of one delegate from each Region,
to be elected from among the delegates from each Region under
a procedure to be agreed by the Executive Council. No member
of the Executive Council shall be eligible to serve on the Standing
Orders Committee. The Chair of conference may attend the meetings
of the Committee.
RULE 13. RULES AMENDMENT
13.1 For the revision of the rules and constitution of the
Union there shall be a Rules Conference which shall meet in every
fourth year. The first Rules Conference shall take place in the
year following the first Policy Conference. No member shall be
a lay delegate if they are currently employed by the Union.
13.2 The Rules Conference shall be constituted in the same
way as the Policy Conference except that it shall consist so
far as is reasonably practicable of one lay delegate for each
four thousand members of the Union.
13.3 Amendments to rule may be approved by a simple majority
of those voting.Only elected lay delegates shall have the right
to vote.
13.4 The Executive Council shall be entitled to submit motions
and amendments to motions to amend the rules to a Rules Conference
and if an urgent issue arises it may do so at short notice
13.5 If in the opinion of the Executive Council there is an
urgent need to amend the rules between Rules Conferences, the
Executive Council may amend the rules by a resolution supported
by not less than 75% of its members, provided that amendment
shall cease to have effect at the end of the next Rules Conference
unless it has been ratified by a resolution of that conference.
13.6 The Executive Council shall determine the procedure for
nomination, qualification and election of delegates and the constituencies
from which they shall be elected.
13.7 The Executive Council shall be in attendance at any Rules
Conference, and its members may speak upon but may not vote on
any subject.
13.8 Each delegate shall hold office until the next Rules
Conference.
13.9 The Executive Council shall determine the number of rules
motions which may be submitted by from the Branch; regional;
industrial and equalities structures, and from the Executive
Council itself.
13.10 The Rules Conference shall be chaired by the Chair of
the Executive Council
13.11 The Rules Conference may be recalled by the Executive
Council in an emergency. It shall deal only with the business
for which it is summoned.
13.12 The Executive Council shall draft the standing orders
for the Rules Conference. A Standing Orders Committee shall be
constituted on the basis of one delegate from each Region, to
be elected from among the delegates from each Region under a
procedure to be agreed by the Executive Council. No member of
the Executive Council shall be eligible to serve on the Standing
Orders Committee. The Chair of conference may attend the meetings
of the Committee.
RULE 14. EXECUTIVE COUNCIL
14.1 The First Executive Council
14.1.1 The first Executive Council of the Union shall hold
office for 3 years. The first Executive Council shall make its
decisions on the basis of a simple majority of those present,
except where otherwise required under these rules, or when either
or both of the Joint General Secretaries (respectively acting
on the authority of a majority of the Executive Council members
elected by and from their predecessor section) believe that an
issue is so fundamental to the Union that a majority of not less
than 75% of those voting shall be required.
14.1.2 If a member of the first Executive Council should cease
to hold that office for any reason there shall be a by-election
to fill the vacant position. The constituency for any such by-election
shall be the constituency from which the member was last elected.
Where the vacancy arises at least 2 years in to the term of that
Executive Council, the members of the Executive elected from
the same predecessor section as that in which the vacancy arose,
shall have discretion as to whether to fill that vacancy.
14.2 Election of the Executive Council 14.2.1 The election
of the Executive Council shall be on the basis of representatives
from the Union’s regional structure, representatives from
the Union’s Industrial Sectors and National Representatives
of the Union’s women and black, Asian and ethnic minority
membership.
14.2.2 Elections to the Executive Council shall be conducted
in conformity with guidance issued by the Executive Council from
time to time.
14.2.3 Nothing in this rule will govern the election of the
first Executive Council of the Union, which will have been elected
in accordance with the provisions of the Instrument of Amalgamation
and its appended General Rules.
14.3 For subsequent elections the Executive Council shall
be required to submit to the first Rules Conference proposed
rules. These rules shall provide for:
14.3.1 Election to the Executive Council shall be on the basis
of electoral constituencies determined by the Executive Council.
These constituencies shall ensure fair and equitable representation
of the working membership on the Executive Council and shall
include provision for representatives to be elected from the
Regions as constituted in the Union proportionate to their membership,
and for representatives to be elected from the industrial structure
of the Union proportionate to their membership.
14.3.2 The Executive Council shall have the power to combine
Industrial Sectors for the purpose of determining electoral constituencies
for the Executive Council election.
14.3.3 The Executive Council shall also provide for National
Representatives for women and for black, Asian and ethnic minority
members to sit on the Executive Council.
14.3.4 The Executive Council of the Union shall include designated
seats within the electoral constituencies to ensure the proportionate
representation of women members and of black, Asian and ethnic
minority members.
14.3.5 The term of office for the Executive Council shall
be three years.
14.3.6 No current or former employee of the Union, nor any
current employee of any other union, is eligible to stand for,
or hold office on, the Executive Council.
14.4 The Executive Council shall meet at least six times a
year. A special meeting of the Executive Council may be called
when the General Secretary deems it necessary.
14.5 Members of the Executive Council who do not attend two
consecutive meetings to which they are summoned, may be removed
from office by the Executive Council if they fail to provide
a written explanation of that absence to the General Secretary
or if any written explanation provided is in the opinion of the
Executive Council unsatisfactory. The Executive Council shall
determine the guidance on the application of this rule.
14.6 The Executive Council shall elect a Finance and General
Purposes Committee provided that it shall include the Chair of
the Executive Council. The Executive Council shall determine
the number of members thereof. This committee shall meet not
less than six times a year. This Committee shall also act as
an emergency committee, and the Executive Council shall delegate
to such Committee all or any of its powers and duties as it may
determine, and may modify or revoke such powers.
14.7 At the first meeting of the Executive Council following
its election there shall be appointed by and from the members
a Chair. The Executive Committee will have the power to remove
and replace its Chair at any time, and to appoint one or more
Vice Chairs for such business and period as it deems fit from
time to time.
14.8 The Chair shall preside over all Executive Council meetings,
see that the business is properly conducted, and sign the minutes
of each meeting when passed. The Chair shall also preside at
the Biennial Policy Conference, the Rules Conference, the Finance
and General Purposes Committee and in addition shall be a delegate
to the Trades Union Congress and Annual Conference of the Labour
Party (where appropriate) held during their term of office, and
to such other conferences as the Executive Council may determine.
14.9 The Government, management and control of the Union shall
be vested in the Executive Council collectively, which may do
such things consistent with the rules and objects of the Union
as it may consider expedient to promote the interests of the
Union or any of its members. In particular and without limiting
the general powers conferred on it by these rules the Executive
Council shall have the power to:
14.9.1 Ensure that properly prepared management accounts and
annual statements of account relating to all financial affairs
of the Union are presented at its regular meetings, and it may
call for the production of any book, vouchers, or documents.
14.9.2 Direct that special audits or examinations of the books
or finances of any part of the Union shall be made by special
auditors appointed by the Executive Council.
14.9.3 Appoint and remove the Union’s auditor for which
purpose the members of the Executive Council shall act as the
delegates of the members by whom they were elected.
14.9.4 Appoint all officers who are employed as such by the
Union (who shall have been paying members of this Union for at
least two years immediately preceding the date of application)
other than the General Continued... RULE 14, EXECUTIVE COUNCIL
16 Secretary. The promotion of individual officers (up to but
excluding the level of General Secretary) and the allocation/reallocation
of officer roles shall be subject to the approval of the Executive
Council in each case.
14.9.5 Consider all appeals and resolutions addressed to it,
subject to where it deems appropriate the Council shall have
the power to refer such appeals and references to Regional or
National Industrial Committees.
14.9.6 Require reports to be submitted to it of all disputes,
and shall take such action with regard thereto as it shall deem
fit.
14.9.7 Raise or borrow money and secure the payment of money
or the carrying out of any other obligation of the Union on any
of the properties or securities of the Union in such manner as
it shall think fit.
14.9.8 Decide questions of policy which may arise between
Policy Conferences and which have not been decided by a previous
decision of such a conference.
14.9.9 Send delegates or deputations to represent the Union,
and to delegate power to any person to act on behalf of the Union
for any purpose.
14.9.10 Sanction payment of benefit in respect of any strike
and in respect of any lockout.
14.9.11 Expend moneys on any of the purposes authorised by
these rules, or on any other purpose which, in their opinion,
is expedient in the interests of the Union or its members, including,
at its discretion, the provision of legal services to members
(and where it additionally and severably sees fit, to members’
families), and the taking and defending of legal action by the
Union.
14.9.12 Suspend, or impose any other penalty on any Branch,
Region or other administrative section of the Union for such
reasons and on such terms as they deem expedient and their decisions,
save as herein provided, shall be final and conclusive for all
purposes provided that every Branch, Region or other administrative
section shall have the right within 14 days, of the date of notification
of the decision of the Executive Council to give notice of appeal,
and until the hearing of such appeal the decision of the Council
shall be binding.
14.9.13 Delegate to any committee constituted under these
rules such of their powers as are necessary or expedient and
consistent with the powers and duties of such committee as in
these rules provided, and may modify or revoke such powers and
duties from time to time.
14.9.14 Provide training for lay representatives, activists
and its employees.
14.9.15 Decide its own Standing Orders and procedures in all
matters not Continued... RULE 14, EXECUTIVE COUNCIL 17 expressly
provided for in these rules.
14.9.16 Make standing orders, consistent with these rules,
governing the proceedings of Regional Committees, Industrial
Committees and any other body provided for by these rules, as
it sees fit.
14.9.17 Decide any question relating to the meaning and the
interpretation of these rules or any matter not expressly provided
for by these rules which decision shall be binding on all members
of the Union.
14.10 Recognising the central importance of the organisation
of workers into the Union the Executive Council shall devote
no less than five per cent of membership income to organising
each year and shall aim to move to no less than ten per cent
within no less than three years of amalgamation. Organising units
shall be maintained by these funds in each Region and shall be
controlled by a national organising department under the control
of the General Secretary.
14.11 In addition to any express powers in these rules provided,
the Executive Council shall have power generally to carry on
the business of the Union, as it may deem necessary, and do such
things and authorise such acts, including the payment of moneys,
on behalf of the Union, as it, in the general interests of the
Union, may deem expedient, and to delegate to any person or persons
the power to represent and to act on behalf of the Union. Between
Executive Council meetings the Executive Council’s powers
under clause 9 above and this clause are delegated to the General
Secretary save the following: 14.11.1 regarding appeals and resolutions
14.11.2 regarding delegation of powers from the Executive
to any committee
14.11.3 regarding Executive Council procedures
14.12 The Executive Council may exercise any power given to
it by these rules as it sees fit from time to time.
RULE 15. GENERAL SECRETARY AND JOINT GENERAL SECRETARIES
15.1 The General Secretary of Amicus and the General Secretary
of the Transport and General Workers’ Union (hereinafter
called TGWU) at the time of the registration of the Instrument
of Amalgamation shall both serve as Joint General Secretaries
of the Union. All references in these rules to ‘the General
Secretary’ shall apply to the Joint General Secretaries
together, unless otherwise specified in these rules and until
such time as one of them ceases to hold office, leaving a single
General Secretary.
15.2 The Joint General Secretary formerly of the Amicus Section
shall be entitled to remain in office until retirement on 23
December 2010. If at the date the said Joint General Secretary’s
elected term of office would otherwise expire, he has been a
full time employee of the Union and any of its predecessor unions
for 18 years (whether or not continuous) and is within 5 years
of retirement age, he shall be entitled to continue in office
until retirement age without further election.
15.3 An election shall be held for a General Secretary of
the Union, elected by all members of the Union, in the last twelve
months during which the Joint General Secretary formerly of the
Amicus Section holds office so that the election shall be concluded
within the last month of that twelve month period. In the event
of this being impossible, such election shall be concluded as
soon as possible after the Joint General Secretary formerly of
the Amicus Section has ceased to hold office. The General Secretary
elected pursuant to this clause shall hold office as General
Secretary Designate until the last remaining Joint General Secretary
ceases to hold the office of General Secretary (as defined by
these rules).
15.4 The last remaining Joint General Secretary shall retire
no more than twelve months after the date on which the Joint
General Secretary formerly of the Amicus Section leaves office
and shall be entitled to continue in office without re-election
until twelve months after the Joint General Secretary formerly
of the Amicus Section has left office.
15.5 Immediately upon the last remaining Joint General Secretary
ceasing to hold office, the General Secretary Designate shall
assume the post of General Secretary of the Union.
15.6 All subsequent elections for the General Secretary shall
be on the basis of a ballot of the whole membership of the Union.
15.7 All subsequent General Secretaries shall be entitled
to hold their position without re-election where he or she would
otherwise reach their retirement age within 5 years of any such
election. In all other cases the General Secretary shall not
hold office without re-election for more than 5 years from the
last day on which the votes were cast in his/her previous election.
15.8 The General Secretary shall be responsible for the administration
of the affairs of the Union; including convening the meetings
and implementing the decisions of the Executive Council, and
such other duties as may be determined by the Executive Council.
15.9 All employees of the Union shall be under ultimate control
of the Executive Council whose approval shall be required before
changing their terms and conditions of employment or superannuation
arrangements. Subject to that ultimate control the General Secretary
shall be responsible for managing all employees of the Union
who, subject to their terms and conditions of employment, shall
perform such duties and work from such locations as the General
Secretary may direct.
15.10 The General Secretary shall be under the control of
and act in accordance with the directions of the Executive Council.
15.11 The General Secretary may delegate to any employee of
the Union such of the General Secretary’s powers as the
General Secretary may consider appropriate. Continued...
RULE 15, GENERAL SECRETARY AND JOINT GENERAL SECRETARIES 19
15.12 The General Secretary shall be entitled to attend all
meetings of the Union and to take part in their deliberations
but shall not have a vote.
15.13 Unless otherwise provided for by these rules, the retirement
age for the General Secretary shall be 65.
RULE 16. ELECTION OF EXECUTIVE COUNCIL MEMBERS AND THE GENERAL
SECRETARY
16.1 Subject to the provisions of these rules and the powers
of the independent scrutineer, the election of members of the
Executive Council and the General Secretary shall be organised
and conducted in accordance with the directions of the Executive
Council.
16.2 The Executive Council shall appoint an independent scrutineer
to supervise the production, storage and distribution of voting
papers, to receive and count the voting papers, to report on
the election, to retain the voting papers for an appropriate
period and to perform such other duties as the Executive Council
may specify.
16.3 The Executive Council shall appoint a suitable, independent
person to act as Election Commissioner to adjudicate on any complaints
made under clause (23) of this rule relating to the conduct of
the election.
16.4 The Executive Council shall appoint a Returning Officer
to deal with the conduct of the election between the Executive
Council meetings and may delegate to him/her its powers relating
to the conduct of that election provided that the Returning Officer
shall not act inconsistently with any decision of the Executive
Council and shall report to the next meeting of the Executive
Council all actions taken and decisions made in respect of that
election.
16.5 A candidate in an election shall play no part in any
deliberations of or decision by the Executive Council which relates
specifically to the conduct of an election in the constituency
in which an individual is a candidate.
16.6 Executive Council candidates for election to represent
a Region shall be nominated by at least three Branches within
that Region or that part of a Region as the case may be. A branch
shall be entitled to make only such number of nominations as
there are members to be elected from that Region or part thereof.
16.7 Executive Council candidates for election to represent
a particular Industrial Sector constituency shall be nominated
by branches and workplaces consisting of members of the particular
Industrial Sector constituency concerned. 16.8 In every case
no nomination shall be valid unless a meeting of the Branch,
or workplace, has been convened and that nomination has been
endorsed by the meeting. The Executive Council guidance shall
state whether and how a nomination may be made by a workplace,
or Branch (in relation to Industrial Sector seats). Continued...
RULE 15, GENERAL SECRETARY AND JOINT GENERAL SECRETARIES 20
16.9 A member is required to receive at least three nominations.
On receipt of such nominations the candidate shall be invited
to confirm in writing that she/he accepts the nomination. Each
member who does so and who is otherwise eligible shall be a candidate
in the election for that constituency.
16.10 Executive Council candidates for election to represent
a constituency under any equalities provision of these rules
shall be nominated by Branches and workplaces within the particular
constituency concerned.
16.11 Executive Council candidates must be a member of the
electoral constituency they wish to represent.
16.12 Nominations of Candidates for election of General Secretary
may be made by each branch and each workplace. A candidate must
be eligible to vote in the election; have at least 10 years continuous
membership of the union; and have received at least 50 nominations
of which a minimum of 10 must be from either category of branch
and workplace, subject to the total including nominations from
more than one region. In every case no nomination will be valid
unless a meeting of the branch, or workplace, has been convened
and that nomination has been endorsed by the meeting. The Executive
Council guidance will state whether and how a nomination may
be made by a workplace, or branch.
16.13 If the number of candidates does not exceed the number
of vacancies to be filled by that constituency, the candidate(s)
shall be declared elected. If there are more candidates than
vacancies, the election shall be conducted by a secret postal
ballot.
16.14 The election shall not be concluded until the Executive
Council has received the independent scrutineer’s report
and declared which candidate(s) has been elected. This should
take place as soon as reasonably practicable after the votes
have been counted. If the Election Commissioner advises the Executive
Council that it should not declare the outcome of an election
until he/she has adjudicated on a complaint, it shall comply
with that request.
16.15 The Executive Council may decide that members who have
joined the Union after a prescribed date shall not be eligible
to vote, provided the date shall not be more than 13 weeks before
the first day on which voting is due to take place in that election.
16.16 Members of a territorial Region shall be accorded equally
an entitlement to vote in the election for a representative from
their own territorial Region (but no other territorial Region)
to the Executive Council. A member’s Region for the purposes
of this rule shall be the Region to which their Branch is allocated
by the Executive Council. In the case of Branches covering more
than one Region the method of establishing a member’s individual
Region shall be determined by the Executive Council.
16.17 Members of a particular Industrial Sector shall be accorded
equally an entitlement to vote in the election for a representative
from their own Industrial Sector Constituency (but no other Industrial
Sector Constituency) to the Executive Council. Continued...
RULE 16, ELECTION OF EXECUTIVE COUNCIL MEMBERS AND THE GENERAL
SECRETARY 21
16.18 In relation to the election of the National Representative(s)
for Women Members; members who are women shall be accorded equally
an entitlement to stand and vote.
16.19 In relation to the election of the National Representative(s)
for Black or Asian ethnic minority Members; members who are Black
or Asian ethnic minority members shall be accorded equally an
entitlement to stand and vote.
16.20 In relation to clauses 18 and 19 above, the Union shall
rely on its membership records and shall endeavour to collect
and record such relevant information, but shall be entitled to
make a presumption of non-entitlement to vote in such election
where there is an absence of the relevant qualification information.
16.21 A member who is eligible to vote in an election who
does not receive a voting paper should contact the Union but
the final decision on whether to issue a further voting paper
to that member shall be a matter for the independent scrutineer.
16.22 Each candidate shall be entitled to attend as an observer
the counting of the votes from the constituency in which he/she
is a candidate.
16.23 If at any stage during an election or within 28 days
of the declaration of the outcome a candidate in an election
or the Executive Council considers that there has been a breach
of these rules or of any other legal requirement relating to
the conduct of the election or any other interference with the
conduct of the election and that the breach or interference may
materially affect or may have materially affected the outcome
of the election, he/she or the Executive Council may submit a
complaint to the Election Commissioner.
16.24 If the Returning Officer or a member who is not a candidate
considers that there are grounds for a complaint to the Election
Commissioner, he/she should refer the matter to the Executive
Council. 16.25 A complaint to the Election Commissioner should
be made as soon as is reasonably practicable. The Election Commissioner
shall not consider any complaint made more than 28 days after
the date on which the Executive Council declared the outcome
of the election.
16.26 A complaint to the Election Commissioner shall be made
in writing addressed to the Election Commissioner care of the
Returning Officer and accompanied by all the supporting evidence
which the complainant wishes to be taken into account.
16.27 If when the Election Commissioner receives a complaint
the independent scrutineer has not yet reported on the election
and the Election Commissioner considers that the complaint raises
matters which fall within the jurisdiction of the independent
scrutineer, he/she shall refer the complaint (or the part thereof
which raise such matters) to the independent scrutineer unless
it is not reasonably practicable to do so. When the Election
Commissioner has referred a complaint (or part thereof) to the
independent scrutineer he/she shall not adjudicate on the complaint
until the independent scrutineer has expressed a view on that
complaint.
16.28 The Election Commissioner may adjudicate on a complaint
on the basis of written material submitted with the complaint
or, at his/her complete discretion, call for such further information
as he/she shall think fit and/or conduct a hearing of the complaint.
Subject to the provisions of this rule, the Election Commissioner
shall decide his/her own procedures for investigating and adjudicating
upon the complaint provided that he/she shall endeavour to adjudicate
on the complaint as quickly as is reasonable practicable.
16.29 If after considering a complaint the Election Commissioner
considers; that there has been a material breach of these rules
or of any other legal requirement relating to the conduct of
the election or any other material interference with the conduct
of the election; and that the breach or interference may materially
affect or has or may have materially affected the outcome of
the election; the Election Commissioner may recommend that the
Executive Council should take one or more of the following measures:
16.29.1 Declare the ballot and, if it has been declared, the
outcome of the election void and call for a fresh ballot to be
held;
16.29.2 Disqualify a candidate or candidates and permit the
remaining candidates to go forward in the ballot or in any fresh
ballot that may be ordered; or
16.29.3 Such other remedial measures as the Election Commissioner
considers appropriate.
16.30 Subject always to any decision to the contrary by a
court, the Certification Officer or any other lawful authority,
the Executive Council shall give effect to any recommendation
by the Election Commissioner made in accordance with clause (29)
of this rule.
16.31 If an election is delayed as a result of action taken
pursuant to a recommendation by the Election Commissioner, an
order of a court, the Certification Officer or other lawful authority,
a member who holds the office which is the subject of that election
shall be entitled to continue in that office until the election
is concluded. Continued... RULE 16, ELECTION OF EXECUTIVE COUNCIL
MEMBERS AND THE GENERAL SECRETARY 23
RULE 17. BRANCHES
17.1 Wherever possible, Branches shall be based on the workplace,
although provision shall also be made for local Branches and
National Industrial Branches as appropriate and as approved by
the Executive Council.
17.2 Branch membership shall be allocated on the basis of
workplace if there is a workplace Branch at the member’s
workplace; or the nearest local Branch if there is not a workplace
or National Industrial Branch.
17.3 Branches shall have direct access to a proportion of
membership subscriptions. Such a proportion and access arrangements
to be determined by the Executive Council, and may be conditional
on performed compliance with financial reporting requirements.
These funds may be used to meet the cost of administering the
Branch; for recruitment and other campaigns approved by the Executive
Council; for local affiliations; to assist members or their dependants
who have suffered misfortune; or for any other worthy cause,
subject to any provisions elsewhere in these rules, and that
no general purposes funds shall be used for political objects.
Any payments made in connection with any form of industrial action
must be made strictly in line with Executive Council guidance
applicable at the time.
17.4 All the property of the Branch including the books and
other effects of the Branch, shall be the property of the Union
and shall, on request by the Executive Council, be produced for
inspection and audit. In the event of a closure, merger or dissolution
of the Branch, all property of the Branch shall be dealt with
as directed by the Regional Committee subject to the overall
control of the Executive Council.
17.5 The Regional Committee shall be required to ensure that
each Branch meets at regular intervals and operates in accordance
with the standing orders provided for in clause 10 of this rule.
Where a Branch fails to convene an Annual General Meeting of
all members that Branch shall be suspended and members of the
Branch shall be allocated to a Branch which meets subject to
the right of the Branch to appeal to the Executive Council.
17.6 Where deemed desirable for organisational and/or administrative
reasons the Regional Committee shall be empowered to merge Branches;
which shall be implemented in the event of approval by the Executive
Council.
17.7 Each Branch shall have for its management a Chair, a
Treasurer and a Secretary and such other officers as the Branch
may elect. They shall be elected at a Branch meeting by show
of hands, or by ballot, if so decided by the meeting. The election
shall take place and be completed not later than December 31
in each alternate year, and the elected candidates shall take
office the following January for two years. Casual vacancies
may be filled at an ordinary Branch meeting, but notice of the
impending election must be given to members of the Branch on
the notice convening the meeting. The positions of Secretary
and Treasurer may be held by the same member if the Branch so
chooses. 24
17.8 Each Branch shall meet once each month at a designated
meeting time and place. New members shall be notified of that
time and place. A Branch which immediately prior to these rules
coming in to force met at a frequency other than once each month
may continue to do so. A Branch may decide to change its meeting
time or place or the frequency of its meetings provided it obtains
the Regional Committee’s consent before implementing that
change and takes such steps to inform Branch members of the change
as shall be required by the Regional Committee. If the Regional
Committee rejects the change, the Branch may appeal in writing
to the Executive Council whose decision shall be final.
17.9 When there is an urgent need to deal with Branch business
before the next scheduled meeting, the Branch officers may with
the consent of the Regional Committee summon a special meeting
of the Branch by in the case of a workplace Branch giving 7 days’
notice of the meeting on union notice boards at the workplace
and in all other cases by sending a written notice of the meeting
to each member of the Branch at the address notified to the Union
by that member. The Regional Committee may delegate to a sub
committee or to a designated member or members of that committee
its powers to consent to special Branch meetings or to changes
in the time, place or frequency of Branch meetings.
17.10 The Executive Council shall issue standing orders to
regulate the conduct of Branch meetings and business and may
amend the standing orders from time to time. Those standing orders
may only be varied in respect of a Branch with the prior approval
of the Executive Council. The quorum for a Branch meeting to
make a decision on any matter shall be 5 members and all matters
should be decided by a simple majority of those voting. If the
votes are equal the proposition before the meeting shall fail.
17.11 The Branch chair shall preside over all meetings of
the Branch and shall ensure that business is conducted in accordance
with the rules and Branch standing orders. If the chair is absent
from a Branch meeting, those present shall elect a substitute
to take his/her place for that meeting. The chair shall be entitled
to vote on all matters to be decided by the Branch but he/she
shall not have a second or casting vote. The Branch secretary
shall be responsible for the general administration of the Branch
including maintaining the Branch membership, financial and other
records in the manner required by the Executive Council, taking
and preserving Branch minutes and conducting all correspondence
on behalf of the Branch.
17.12 The Branch treasurer shall be responsible for dealing
with financial transactions concerning the Branch, ensuring that
all payments are made in accordance with the rules of the Union,
receiving contributions from members who pay at the Branch and
banking monies. He/she shall provide the Branch secretary with
a record of all financial transactions and shall ensure that
they are accurately recorded in the Branch records and that all
monies are dealt with in accordance with the rules and the instructions
of the Executive Council. Continued... RULE 17, BRANCHES 25
17.13 If a Branch is unable to fill a vacancy for secretary
or treasurer, the Executive Council may appoint a full time officer
to fulfil the duties of that office until such time as the Branch
is able to fill the position. 17.14 All references to “Branch”
throughout these rules refer to lay member organisations. All
references to Branch secretaries refer to lay officials.
RULE 18. WORKPLACE REPRESENTATION 18.1 At each workplace,
the members employed at that workplace, shall elect from amongst
themselves, at least every 2 years, 1 or more of the following
representatives:
18.1.1 Shop stewards/workplace representatives
18.1.2 Safety representatives
18.1.3 Learning representatives
18.1.4 Equality representatives
18.2 Election to one representative role shall not preclude
election to another such role within the same workplace.
18.3 The method of election shall be
by such means as authorised by relevant guidance which shall
be issued by the Executive Council from time to time.
18.4 The Executive Council may group workplaces together for
the purposes of representation where the number of members at
each workplace is so small that representation and bargaining
for the individual workplaces is not, in the opinion of the Executive
Council, practicable.
18.5 The constituency of a workplace representative shall
be the workplace from which they were elected, or such grouping
of workplaces as was defined by the Executive Council under clause
4 of this rule.
18.6 Following election of a workplace representative the
appropriate Regional Officer shall be informed of the election
by the elected representative without delay. The Regional Officer
shall ensure that the Regional Industrial Sector Committee and
the Union’s membership department are informed of the date
of the election and the identity, constituency and contact details
of the elected workplace representative.
18.7 The Executive Council may issue guidance on the powers
and procedures of the Regional Industrial Sector Committee in
relation to ratification of such election. The Regional Industrial
Sector Committee shall ensure compliance with such procedures.
Continued... RULE 17, BRANCHES 26 RULE 19. FUNDS
19.1 The General Secretary and employees of the Union authorised
by him/her shall subject to the endorsement of the Executive
Council have authority to open and operate such bank accounts
on behalf of the Union as he/she may consider appropriate.
19.2 Subject to clause 3 of this rule, the funds of the Union
may be used in accordance with the provisions of these rules
for the payment of provident benefits as defined in Section 467(2)
Income and Corporation Taxes Act 1988, as that section may be
amended, consolidated or re-enacted from time to time. Such provident
benefits shall include the provision of legal advice and assistance.
19.3 No member shall be entitled to sums in excess of the
limits set out in section 467(1) of the Income and Corporation
Taxes Act 1988 as that section may be amended, consolidated or
re-enacted from time to time.
19.4 There shall be a provident benefits fund which shall
only be used for paying provident benefits expressly authorised
by these rules.
19.5 The Executive Council shall publish an annual financial
report providing details of the Union’s income and expenditure
in the previous year.
19.6 All property (including all books, effects, funds or
other assets) which immediately prior to the date of these rules
coming in to effect was held by or in trust for or otherwise
on behalf of the Amicus or TGWU Sections of the Union or the
former trade unions Amicus or TGWU, or any committee, council,
Branch, or other body of one of those sections or unions, shall
be the property of the Union and shall be dealt with in accordance
with the instructions of the Executive Council.
19.7 The Executive Council shall cause to be kept proper accounting
records with respect to the Union’s transactions, assets
and liabilities and establish and maintain a satisfactory system
of control of its accounting records, its cash holdings and all
receipts and payments in accordance with Sections 28 and 29 of
the Trade Union and Labour Relations (Consolidation) Act 1992.
19.8 The Accounts of the Union shall be audited at least once
a year. The auditor shall be qualified in accordance with Section
34 of the Trade Union and Labour Relations Act (Consolidation)
1992. The appointment and removal of the auditor shall be subject
to the provisions Section 35 of the Trade Union and Labour Relations
(Consolidation) Act 1992.
19.9 No member or members, or Branch, or any committee of
members shall be permitted to use the name of the Union, or any
machinery of the Union, in connection with any appeal for funds
or establishment of any subsidiary benefit connected with a Branch,
unless the conditions stated hereunder are accepted and the requisite
official sanction obtained:
19.9.1 That the accounts of such funds and all documents in
connection therewith shall be open at all times to inspection
by the Union accountants. 27
19.9.2 That in the case of a regional or local appeal the
permission and sanction of the Regional Committee shall be first
obtained, and thereafter is subject to the endorsement of the
Executive Council.
19.9.3 That in the case of a national appeal the permission
and sanction of the Executive Council shall be first obtained.
19.9.4 Where such funds are properly raised they are included
in the consolidated accounts of the Union and be subject to the
requirements in clauses 1 and 2 of this rule.
19.10 In accordance with Section 30 of the Trade Union and
Labour Relations (Consolidation) Act, 1992, any member of the
Union has the right to access to any accounting records of the
Union which are available for inspection and which relate to
periods including a time when that person was a member of the
Union.
RULE 20. ASSETS AND TRUSTEE PROVISION
20.1 All property of the Union shall be held by a trustee
company specified by the Executive Council (hereinafter called
the Trustee Company) in trust for the Union in accordance with
the provisions of these rules. For the avoidance of doubt, the
property of the Union includes all funds and assets of the Union
and its constituent bodies.
20.2 The Trustee Company shall invest, dispose of or otherwise
deal with the funds and other assets of the Union in accordance
with the instructions of the Executive Council. Subject to the
provisions of these rules, the Executive Council shall have complete
discretion how to instruct the Trustee Company to invest, dispose
of or otherwise deal with the property of the Union.
20.3 All property (including all books, effects, funds or
other assets) which immediately prior to the date of these rules
coming in to effect was held by or in trust for or otherwise
on behalf of the Amicus or TGWU Sections of the Union or the
former trade unions Amicus or TGWU, or any committee, council,
Branch, or other body of one of those sections or unions, shall
be the property of the Union and shall be dealt with in accordance
with the instructions of the Executive Council.
20.4 Trustee
20.4.1 The Trustee Company is the trustee of the Union.
20.4.2 The Executive Council may appoint and remove a second
trustee where necessary to facilitate disposal of Union property,
and solely for such purpose. 20.5 Trustee Company 20.5.1 The
Directors of the Trustee Company shall consist of
20.5.1.1 Directors appointed by and from the Executive Council.
Continued... RULE 19, FUNDS 28
20.5.1.2 The Joint General Secretaries (until such time as
there is only one General Secretary, in which case the General
Secretary).
20.5.2 A Director appointed by the Executive Council may be
replaced by the Executive Council at any time.
20.5.3 Subject to the provisions of the Companies Act 2006,
the Executive Council shall appoint and may at any time replace
the company secretary of the Trustee Company.
20.5.4 Property which immediately prior to the coming into
force of these rules was vested in other trustees (whether individual
or corporate) in trust for the Union shall on the date of the
coming into force of these rules vest in the Trustee Company.
RULE 21. EXPENSES A lay member engaged on Union business shall
be entitled to such reasonable expenses and in such circumstances
as may be decided by the Executive Council provided that the
method of calculating such expenses and any subsequent alteration
thereto must be reported to and shall cease to have effect unless
ratified by the next Policy Conference of the Union
RULE 22. POLITICAL ORGANISATION – THE LABOUR PARTY
22.1 There shall be Regional and National Political Committees
composed of individual members of the Labour Party to co-ordinate
the Union’s work in the Labour Party, acting under the direction
of the Executive Council.
22.2 Neither the Union, nor any constituent part of the Union,
shall affiliate to or give support to the candidates of any other
political party in Great Britain other than the Labour Party.
22.3 Each Branch of the Union in Great Britain shall be entitled
to affiliate and elect delegates to Constituency Labour Parties
in appropriate areas subject to agreement by the Regional Political
Committee and approval of the Executive Council.
22.4 A portion of the political fund, to be determined by
the Executive Council, shall be remitted to each Region.
22.5 All Branch Constituency Labour Party delegates together
with representatives from the Regional Industrial Sector Committees,
Area Activist Committees and the Regional Committee, who are
Labour Party members, shall be entitled to attend annual Regional
Political Conferences. The Regional Political Conferences shall
elect Regional Political Committees. The size and composition
of the Regional Political Committees shall be determined by the
Executive Council from time to time. The Regional Political Conferences
shall Continued...
RULE 20, ASSETS AND TRUSTEE PROVISION 29 also elect delegates
who, together with delegates from the Executive Council, shall
form a National Political Committee, the size of which shall
be determined by Executive Council.
22.6 The Executive Council shall designate a Regional Political
officer in each Region, who shall act as Secretary to the Regional
Political Conference and Regional Political Committee. Any individual
Regional Political Officer may also have other responsibilities.
The Executive Council is free to designate this role to a different
employee at any time as it sees fit.
22.7 The Union shall be represented at the Labour Party Annual
Conference by delegates elected by the Regional Political Conferences,
the National Political Committee and others as determined by
the Executive Council. The Regional Political Committees shall
represent the Union at the Labour Party regional conference.
22.8 The Union shall enter into Labour Party Constituency
Development Plans subject to agreement by the Regional and National
Political Committees and sanction of the Executive Council.
22.9 The Union shall support a parliamentary group of Labour
Party MP’s who are members of the Union. Such support shall
be determined by the Executive Council.
22.10 The Union shall maintain a panel of members wishing
to seek political office including becoming member of the UK,
Scottish, Welsh Assembly and European Parliaments and any such
other public bodies as the Executive Council may decide. The
composition, including the process and the qualifications required
to become a member of the panel, shall be determined by the Executive
Council.
RULE 23. POLITICAL FUND Political Fund – Other than in
Northern Ireland
23.1 The objects of the Union shall include the furtherance
of the political objects to which section 72 of the Trade Union
and Labour Relations (Consolidation) Act 1992 (the Act) applies,
that is to say the expenditure of money:
23.1.1 on any contribution to the funds of, or on the payment
of expenses incurred directly or indirectly by, a political party;
23.1.2 on the provision of any service or property for use
by or on behalf of any political party;
23.1.3 in connection with the registration of electors, the
candidature of any person, the selection of any candidate or
the holding of any ballot by the Union in connection with any
election to a political office;
23.1.4 on the maintenance of any holder of a political office;
23.1.5 on the holding of any conference or meeting by or on
behalf of a political party or of any other meeting the main
purpose of which is the Continued...
RULE 22, POLITICAL ORGANISATION - THE LABOUR PARTY 30 transaction
of business in connection with a political party;
23.1.6 on the production, publication or distribution of any
literature, document, film, sound recording or advertisement
the main purpose of which is to persuade people to vote for a
political party or candidate or to persuade them not to vote
for a political party or candidate. Where a person attends a
conference or meeting as a delegate or otherwise as a participator
in the proceedings, any expenditure incurred in connection with
his/her attendance as such shall, for the purposes of paragraph
1.5 above, be taken to be expenditure incurred on the holding
of the conference or meeting. In determining, for the purposes
of paragraphs 1.1 to 1.6, whether the Union has incurred expenditure
of a kind mentioned in those paragraphs no account shall be taken
of the ordinary administrative expenses of the Union. In these
objects: “candidate” means a candidate for election
to a political office and includes a prospective candidate; “contribution”,
in relation to the funds of a political party, includes any fee
payable for affiliation to, or membership of, the party and any
loan made to the party; “electors” means electors at
any election to a political office; “film” includes
any record, however made, of a sequence of visual images, which
is capable of being used as a means of showing that sequence
as a moving picture; “local authority” means a local
authority within the meaning of section 270 of the Local Government
Act 1972 or section 235 of the Local Government (Scotland) Act
1973; and “political office” means the office of member
of Parliament, member of the European Parliament or member of
a local authority or any position within a political party. 23.2
Any payments in the furtherance of such political objects shall
be made out of a separate fund of the Union (hereinafter called
the political fund). 23.3 As soon as is practicable after the
passing of a resolution approving the furtherance of such political
objects as an object of the Union the Executive Council shall
ensure that a notice in the following form is given to all members
of the Union in accordance with this rule:
Continued... RULE 23, POLITICAL FUND 31
Trade Union and Labour Relations (Consolidation) Act 1992
A resolution approving the furtherance of political objects within
the meaning of the above Act as an object of the Union has been
adopted by a ballot under the Act. Any payments in the furtherance
of any of those objects will be made out of a separate fund,
the political fund of the Union but every member of the Union
has a right to be exempt from contributing to that fund. A form
of exemption notice can be obtained by or on behalf of any member
either by application at, or by post from, the head office or
any branch office of the Union or from the Certification Office
for Trade Unions and Employers’ Associations, Brandon House,
180 Borough High Street, London SE1 1LW. This form, when filled
in, or a written request in a form to the like effect, should
be handed or sent to the secretary of the branch to which the
member belongs. The notice shall be published to members by such
methods as are customarily used by the Union to publish notices
of importance to members and shall include the following minimum
requirements. The notice shall be published in the Union’s
main journal which is circulated to members. A copy of the notice
shall be posted up and kept posted up for at least 12 months
in a conspicuous place, accessible to members at the office or
meeting place of each Branch of the Union. The secretary of each
Branch shall also take steps to secure that every member of the
Branch, so far as is reasonably practicable, receives a copy
of the notice and shall supply a copy to any member on request.
The Executive Council shall provide the secretary of each Branch
with a number of copies of the notice sufficient for these purposes.
23.4 Any member of the Union may at any time give notice on
the form of exemption notice specified in Clause (5) or by a
written request in a form to the like effect, that he/she objects
to contribute to the political fund. A form of exemption notice
may be obtained by, or on behalf of, any member, either by application
at, or by post from, the head office or any Branch office of
the Union, or from the Certification Office for Trade Unions
and Employers’ Associations, Brandon House, 180 Borough
High Street, London SE1 1LW.
Continued... RULE 23, POLITICAL FUND 32
23.5 The form of exemption notice shall be as follows: Unite
the Union POLITICAL FUND EXEMPTION NOTICE I hereby give notice
that I object to contributing to the political fund of the Union
and am in consequence exempt, in the manner provided by Chapter
VI of the Trade Union and Labour Relations (Consolidation) Act
1992, from contributing to that fund. Signature ........................................................................................................
Name ...............................................................................................................
Address ...........................................................................................................
Name of Branch..............................................................................................
Membership No............................................................
Date .........................
23.6 Any member may obtain exemption by sending such notice
to the secretary of the Branch to which the member belongs and,
on receiving it, the secretary shall send an acknowledgement
of its receipt to the member at the address in the notice, and
shall inform the General Secretary of the name and address of
that member.
23.7 On giving such notice, a member shall be exempt, so long
as his/her notice is not withdrawn, from contributing to the
political fund of the Union as from either: (a) the first day
of January next after notice by the member is given, or, (b)
in the case of a notice given within one month after the notice
given to members under Clause (3) or after the date on which
a new member admitted to the Union is supplied with a copy of
these rules under Clause (17), as from the date on which the
member’s notice is given.
23.8 The Executive Council shall give effect to the exemption
of members to contribute to the political fund of the Union by
relieving any members who are exempt from the payment of part
of any periodical contributions required from the members of
the Union towards the expenses of the Union as provided and such
relief shall be given as far as possible to all members who are
exempt on the occasion of the same periodical payment. For the
purposes of enabling each member of the Union to know as respects
any such periodical contribution what portion, if any, of the
sum payable by him/her is a contribution to the political fund
of the Union, it is hereby provided that a sum equal to seventy
percent of the weekly contribution rate of a full time member
payable in the first week of each quarter is a contribution to
the political fund and any member who is exempt shall be relieved
from the Continued... RULE 23, POLITICAL FUND 33 payment of the
said sum and shall pay the remainder of such contribution only.
23.9 A member who is exempt from the obligation to contribute
to the political fund of the Union shall not be excluded from
any benefits of the Union, or placed in any respect either directly
or indirectly under any disability or disadvantage as compared
with other members of the Union (except in relation to the control
or management of the political fund) by reason of his/her being
so exempt.
23.10 Contribution to the political fund of the Union shall
not be made a condition for admission to the Union.
23.11 If any member alleges that he/she is aggrieved by a
breach of any provision of this rule for the political fund,
being a rule made pursuant to section 82 of the Act, he/she may
complain to the Certification Officer, and the Certification
Officer, after making such enquiries as he/she thinks fit and
after giving the complainant and any representative of the Union
an opportunity of being heard, may, if he/she considers that
such a breach has been committed, make such order for remedying
the breach as he/she thinks just in the circumstances. Any such
order of the Certification Officer may, subject to the right
of appeal provided by section 95 of the Act, be enforced in the
manner provided for in section 82(4) of the Act.
23.12 Any member may withdraw his/her notice of exemption
on notifying his/her desire to that effect to the secretary of
his/her Branch, who shall on receiving it send the member an
acknowledgement of receipt of the notification and inform the
General Secretary of the name and address of that member.
23.13 The Executive Council shall ensure that a copy of this
rule is available, free of charge, to any member of the Union
who requests a copy.
23.14 The Executive Council shall, so far as possible, secure
that each member of the Union receives a copy of this rule.
23.15 The Executive Council shall also send to the secretary
of each Branch sufficient copies of this rule to satisfy any
requests or a copy by members of the Branch.
23.16 The secretary of each Branch shall supply a copy of
this rule free of charge to each member who requests a copy.
23.17 A copy of this rule shall also be supplied by the secretary
of each Branch to every new member on his/her admission to the
Union.
Continued... RULE 23, POLITICAL FUND 34
Political Fund – Other than in Northern Ireland
23.18 Under Article 59 of the Trade Union and Labour Relations
(Northern Ireland) Order 1995 no Northern Ireland member of the
Union shall be required to make any contribution to the political
fund of the Union as defined by Clauses (1) and (2) of this rule
unless he/she delivered, as provided in Clause (20), to the Head
Office or some Branch office of the Union, a notice in writing,
in the form set out below, of his/her willingness to contribute
to that Fund, and has not withdrawn the notice in the manner
provided in Clause (19). Every member of the Union who has not
delivered such a notice or who, having delivered such a notice,
has withdrawn it in the manner provided in Clause (19), is to
be deemed for the purpose of these rules to be a member who is
exempt from the obligation to contribute to the political fund
of the Union. The form of the notice of willingness to contribute
to the political fund of the Union is as follows: POLITICAL FUND
NOTICE – NORTHERN IRELAND I HEREBY give notice that I am
willing, and agree, to contribute to the political fund of Unite
the Union, and I understand that I shall in consequence, be liable
to contribute to that fund and shall continue to be so liable,
unless I deliver to the head office or some branch office of
the Union, a written notice of withdrawal. I also understand
that after delivering such a notice of withdrawal I shall continue
to be liable to contribute to the political fund until the next
following first day of January. Signature ........................................................................................................
Name ...............................................................................................................
Address ...........................................................................................................
Name of Branch..............................................................................................
Membership No (If Known) .........................................
Date ........................
23.19 If at any time a member of the Union, who has delivered
such a notice as is provided for in Clause (18) gives notice
of withdrawal thereof, delivered as provided in Clause (20),
to the head office or at any Branch office of the Union, he/she
shall be deemed to have withdrawn the notice as from the first
day of January next after the delivery of the notice of withdrawal.
23.20 The notices referred to in Clauses (18) and (19) may
be delivered personally by the member or by an authorised agent
of the member, and any notice shall be deemed to have been delivered
at the head or Branch office of the Union if it has been sent
by post properly addressed to that office. Continued...
RULE 23, POLITICAL FUND 35
23.21 The Executive Council shall give effect to the exemption
of Northern Ireland members to contribute to the political fund
of the Union by relieving those members who are legally exempt
from the payment of part of any periodical contributions required
from the members of the Union towards the expenses of the Union
as provided and such relief shall be given as far as possible
to all members who are exempt on the occasion of the same periodical
payment.
23.22 For the purpose of enabling each Northern Ireland member,
who has opted to pay to the political fund, to know as respects
any such periodical contribution what portion of the sum payable
by him/her is a contribution to the political fund of the Union,
it is hereby provided that a sum equal to seventy percent of
the weekly contribution rate of a full time member payable in
the first week of each quarter is a contribution to the political
fund and any member who is exempt shall be relieved from the
payment of the said sum and shall pay the remainder of such contribution
only.
23.23 Northern Ireland members who are statutorily exempt
from the obligation to contribute to the political fund of the
Union shall not be excluded from any benefits of the Union, or
placed in any respect either directly or indirectly under any
disability or disadvantage as compared with other members of
the Union (except in relation to the control or management of
the political fund) by reason of their being exempt.
23.24 Contribution to the political fund of the Union shall
not be made a condition for admission to the Union.
23.25 If any Northern Ireland member alleges that he/she is
aggrieved by a breach of any of the rules made pursuant to Article
59 of the Trade Union and Labour Relations (Northern Ireland)
Order 1995 he/she may complain to the Northern Ireland Certification
Officer, 10-12 Gordon Street, Belfast, BT1 2LG, under Article
57 (2) to (4) of that Order.
23.26 If after giving the complainant and a representative
of the Union an opportunity to be heard, the Certification Officer
considers that a breach has been committed, he/she may make an
order for remedying it as he/she thinks just in the circumstances.
Under Article 70 the Industrial Relations (N.I.) Order 1992 (as
amended) an appeal against any decision of the Certification
Officer may be made to the Court of Appeal on a question of law.
23.27 Additionally, if any Northern Ireland member alleges
that he/she is aggrieved by a breach of the political fund rules
made pursuant to section 82 of the Trade Union and Labour Relations
(Consolidation) Act 1992 he/she may complain to the GB Certification
Officer, Brandon House, 180 Borough High Street, SEl lLW. If,
after giving the complainant and representative of the Union
an opportunity of being heard, the GB Certification Officer considers
that a breach has been committed, he/she may make an order for
remedying it as he/she thinks just in the circumstances. Any
such order of the GB Certification Officer is subject to the
right of appeal provided for by section 82 (4) of the 1992 Act.
Continued... RULE 23, POLITICAL FUND 36 Political Fund –
Other than in Northern Ireland
23.28 Clauses (1) – (17) of this rule shall have effect
in the Republic of Ireland subject to the following modifications:
23.28.1 all references to statutory provisions therein shall
be construed as references to the appropriate legislation in
the Republic of Ireland.
23.28.2 “political office” means the office of President,
member of Dail Eireann, member of Seanad Eireann, member of the
European Parliament, or any member of a local authority.
23.28.3 Forms of exemption notice may be obtained at or by
post from any Union office within the Republic of Ireland.
23.28.4 A sufficient number of the forms of exemption notice
shall be available at each office of the Union within the Republic
of Ireland and any member shall be provided with a copy of such
form on his/her request.
RULE 24. IRELAND 24.1 There shall be an Irish Executive Committee
which shall make decisions in matters of an industrial or political
nature which arise out of and in connection with the economic
or political condition of the Republic of Ireland or Northern
Ireland and which are of direct concern to members of the Union
resident in the Republic of Ireland or Northern Ireland and which
do not affect members of the Union not so resident. Each member
of the Irish Executive Committee shall be resident in the Republic
of Ireland or Northern Ireland.
24.2 The Irish Executive Committee shall be composed of elected
lay members who are resident in the Republic of Ireland or Northern
Ireland.
24.3 The size and composition of the Irish Executive Committee
shall be determined by the Executive Council provided that the
gender and ethnic balance of elected representatives at least
reflect proportionality of the membership they represent.
24.4 The procedure for qualifications, election and nomination
of representatives to the Irish Executive Committee shall be
determined by the Executive Council. The Executive Council may
organise constituencies both by reference to Industrial Sectors
and geographic area following consultation with appropriate constitutional
committees in Ireland.
24.5 The Irish Executive Committee shall take the place and
have the powers, duties and responsibilities of the Regional
Committee for Ireland. The Regional Secretary shall act as secretary
to the Irish Executive Committee and shall be responsible for
implementing its decisions.
24.6 The Irish Executive Committee shall meet once a quarter
or more frequently if, in the opinion of the Regional Secretary,
the business renders it necessary. The Regional Secretary is
responsible for convening all meetings.
Continued...
RULE 23, POLITICAL FUND 37
24.7 The Irish Executive Committee shall have power to appoint
one or more subcommittees from among its members and, except
where otherwise determined by the Executive Council, shall have
the power to delegate to any such subcommittee all or any of
its powers including therein the conduct of hearings, appeals,
inquiries, investigations or any other proceedings or functions
whatever which it is authorised by these rules to undertake.
24.8 The Executive Council, in consultation with the Irish
Executive Committee, shall determine the number of delegates
to be elected to the conferences/ congresses of organisations
in Ireland to which the Union is affiliated. 24.9 In alternate
years to the Union’s Policy Conference there shall be Irish
Policy Conference, the size and composition of which shall be
determined by the Executive Council provided that the gender
and ethnic balance of elected representatives at least reflect
proportionality of the membership they represent.
24.10 For the purpose of electing delegates to the Irish Policy
Conference the Executive Council may organise constituencies
both by reference to Industrial Sectors and geographic area following
consultation with Irish Executive Committee.
24.11 The procedure for qualifications, election and nomination
of representatives to the Irish Policy Conference shall be determined
by the Executive Council in consultation with the Irish Executive
Committee.
24.12 The Irish Executive Committee shall determine the number
of policy motions which may be submitted by the Branch; area
regional; industrial and equalities structures, and from the
Irish Executive Committee itself. The Irish Executive Committee
shall submit a report to the Irish Policy Conference on the activities
of the Union within Ireland.
24.13 The chair of the Irish Executive Committee shall chair
the Irish Conference. 24.14 Resolutions of the Irish Conference
concerning general policy matters affecting members employed
in the Republic shall, provided they are not inconsistent with
the general policy and objectives of the Union, constitute the
policy of the Union in the Republic and shall be binding upon
the Irish Executive Committee.
24.15 In respect of each Industrial Sector, the Executive
Council shall determine, in consultation with the Irish Executive
Committee, whether to convene separate Sector Conferences for
the Republic of Ireland and Northern Ireland instead of convening
a Regional Sector Conference for the whole of Ireland. Policy
decisions of a Sector Conference for the Republic of Ireland
shall decide the Union’s policy in the Republic for that
sector provided they are not inconsistent with the general policy
and objectives of the Union. Continued...
RULE 24, IRELAND 38 RULE 25. REPUBLIC OF IRELAND – STRIKES
AND OTHER INDUSTRIAL ACTION 25.1 The provisions of this rule
shall apply notwithstanding any other provision contained in
these rules.
25.2 In this rule the terms “strike” and “industrial
action” shall have the same meaning as in the Industrial
Relations Act 1990 of the Republic of Ireland.
25.3 In this rule the term “member” shall have the
same meaning as elsewhere in these rules.
25.4 The provisions of this rule shall apply to the Republic
of Ireland only.
25.5 The Union shall not organise, participate in, sanction
or support a strike or other industrial action without a secret
ballot, entitlement to vote in which shall be accorded equally
to all members whom it is reasonable at the time of the ballot
to believe will be called upon to engage in the strike or other
industrial action.
25.6 The Union shall take reasonable steps to ensure that
every member entitled to vote in the ballot votes without interference
from, or constraint imposed by, the Union or any of its members,
officials or employees and, so far as is reasonably possible,
that such members shall be given a fair opportunity of voting.
25.7 The Irish Executive Committee shall have full discretion
in relation to organising, participating in, sanctioning or supporting
a strike or other industrial action notwithstanding that the
majority of those voting in the ballot, including an aggregate
ballot referred to in clause (8) of this rule, favours such strike
or other industrial action.
25.8 The Irish Executive Committee shall not organise, participate
in, sanction or support a strike or other industrial action against
the wishes of a majority of the Union’s members voting in
a secret ballot, except where, in the case of a ballot by more
than 1 trade union, an aggregate majority of all the votes cast
favours such strike or other industrial action.
25.9 Where the outcome of a secret ballot conducted by the
Union or in the case of ballots conducted by the Union and any
number of other trade unions which are affiliated to the Irish
Congress of Trade Unions an aggregate majority of all the votes
cast is in favour of supporting a strike organised by another
trade union, a decision to take such supportive action shall
not be implemented by the Union without the sanction of the Irish
Congress of Trade Unions.
25.10 As soon as practicable after the conduct of a secret
ballot the Union shall take reasonable steps to make known to
the members of the Union entitled to vote in the ballot:
25.10.1 the number of ballot papers issued
25.10.2 the number of votes cast 39
25.10.3 the number of votes in favour of the proposal
25.10.4 the number of votes against the proposal, and
25.10.5 the number of spoiled votes.
25.11 Nothing in this rule shall constitute an obstacle to
negotiations for the settlement of a trade dispute nor the return
to work by members of the Union party to the trade dispute, and
any decision take in accordance with this rule to organise, participate
in, sanction or support a strike or industrial action may be
rescinded or amended without the necessity of a further ballot
of the members concerned.
RULE 26. ISLE OF MAN The Union shall Register with the relevant
Isle of Man authorities in accordance with the laws applying
thereto including the Trade Unions Act 1991.
RULE 27. MEMBERSHIP DISCIPLINE
27.1 A member may be charged with:
27.1.1 Acting in any way contrary to the rules or any duty
or obligation imposed on that member by or pursuant to these
rules whether in his/her capacity as a member, a holder of a
lay office or a representative of the Union.
27.1.2 Being a party to any fraud on the Union or any misappropriation
or misuse of its funds or property.
27.1.3 Knowingly, recklessly or in bad faith providing the
Union with false or misleading information relating to a member
or any other aspect of the Union’s activities.
27.1.4 Inciting, espousing or practising discrimination or
intolerance amongst members on grounds of race, ethnic origin,
religion, age, gender, disability or sexual orientation.
27.1.5 Bringing about injury to or discredit upon the Union
or any member of the Union.
27.1.6 Obtaining membership of the Union by false statement
material to their admission into the Union or any evasion in
that regard.
27.2 Disciplinary Hearings shall be organised and conducted
under directions issued by the Executive Council. These directions
ensure that the process is fair and conducted in accordance with
the principles of natural justice.
27.3 A charge under this rule may be heard by a Branch, Branch
Committee (where so determined by the Branch), Regional Committee
or the Executive Council. The Executive Council may delegate
to a sub-committee of the Executive Council. Continued...
RULE 25, REPUBLIC OF IRELAND - STRIKES AND OTHER INDUSTRIAL
ACTION 40
27.4 The Executive Council or the relevant Regional Committee
may suspend a member charged under this rule from holding any
office or representing the Union in any capacity pending its
decision. A member shall be given written notice (or, if the
member was informed verbally confirmation in writing) of any
such suspension as soon as is reasonably practicable.
27.5 The range of disciplinary sanctions shall include the
following: 27.5.1 censure;
27.5.2 withdrawal of workplace credentials;
27.5.3 removal from office;
27.5.4 barring from holding office and 27.5.5 expulsion.
27.6 The full range of disciplinary sanctions shall be available
to the Executive Council, however the range of disciplinary sanctions
for other bodies shall be limited to the following:
27.6.1 Branch, shall have the power to censure;
27.6.2 Regional Committee, shall have the power to censure
and withdraw workplace credentials.
27.7 Appeals
27.7.1 A member shall have the right to appeal against any
disciplinary sanctions.
27.7.2 In the case of a sanction imposed by a Branch, or Branch
Committee, the appeal shall be to the Regional Committee, whose
decision shall be final.
27.7.3 In the case of a sanction imposed by a Regional Committee
the appeal to shall be to the Executive Council, whose decision
shall be final.
27.7.4 In the case of a sanction imposed by the Executive
Council the appeal to shall be to the Appeals’ Tribunal,
whose decision shall be final.
27.7.5 An Appeal against a decision of the Executive Council
shall be heard by an Appeals’ Tribunal consisting of an
individual nominated by the Chair of ACAS. The Appeals’
Tribunal shall hear and adjudicate on an appeal as quickly as
is reasonably practicable.
27.7.6 Unless and until annulled or varied by the Appeals’
Tribunal, the decision of the Executive Council shall remain
in force.
27.7.7 The Appeals’ Tribunal shall have the power to
decide its own procedures for dealing with the appeal. Providing
that the process is fair and conducted in accordance with the
principles of natural justice.
27.7.8 The Appeals’ Tribunal shall have the power to
annul the Executive Continued...
RULE 27, MEMBERSHIP DISCIPLINE 41 Council’s decision
that the charge was proven or to uphold that decision and either
confirm or vary the penalties imposed pursuant to this rule.
27.7.9 There shall be no further appeal from a decision of
the Appeals’ Tribunal.
27.7.10 The Executive Council shall comply with any decision
of the Appeals’ Tribunal made in accordance with this rule.
27.8 A member may not be charged under this rule in respect
of any alleged act or omission in connection with the performance
of his/her duties as a full time officer and/or employee of the
Union.
27.9 If, prior to these rules coming in to force, a member
was charged or disciplined under the rules of one of the predecessor
unions, or the Union’s sectional or general rules in force
at the time; that charge or complaint shall continue to be dealt
with under the applicable predecessor rules, except that:
27.9.1 any references to the Joint Executive Council of the
Union, to the General Executive Council of the TGWU or TGWU Section
or to the National Executive Committee of Amicus or the Amicus
Section shall be construed as references to the Executive Council
of the Union; and
27.9.2 any appeal against a decision on a charge or a complaint
shall be referred to the Appeal Tribunal constituted in accordance
with the provisions of this rule and shall be dealt with in accordance
with the provisions of this rule.
27.9.3 Penalties imposed pursuant to the rules of the Union
prior to the effective date shall remain in force.
RULE 28. OFFICIAL ANNOUNCEMENTS The Union shall maintain a
website and posting information on this website, together with
posting to Branch secretaries, shall be the official means of
making announcements to members on matters of general interest
concerning the affairs of the Union. RULE 29.
VOLUNTARY DISSOLUTION 29.1 The Union may be dissolved by a
resolution supported by not less than 80% of votes cast in a
postal ballot of all the members.
29.2 After discharging all debts and liabilities the remaining
assets of the Union, if any, shall be distributed equally between
the members at the date of dissolution unless the members when
voting for dissolution shall have resolved to the contrary. Continued...
RULE 27, MEMBERSHIP DISCIPLINE 42
RULE 30. TRANSITIONAL PROVISIONS FOR SUPERANNUATION SCHEMES
The Union hereby adopts the trust deeds and rules (including
any amendments) which respectively govern the Unite Amicus Section
Pension Scheme, the Officials and Staff Superannuation Fund,
the MSF Staff Pension Scheme (NUIW Section) and the Unite Ireland
Pension Scheme (together the “Scheme Rules”) provided
that: references in the Scheme Rules to Amicus, TGWU and/or their
predecessors or any body, officer or employee of Amicus, TGWU
and/or their predecessors and references to the Amicus Section
of the Union or the TGWU Section of the Union or any body, officer
or employee of those Sections shall be construed respectively
as references to the Union or the equivalent body, officer or
employee of the Union; and further provided that any consent
required under the Scheme Rules from Amicus, TGWU and/or their
predecessors to an amendment to the Scheme Rules shall be dispensed
with and the trustees of the relevant pension scheme may with
the consent of only the Executive Council of the Union exercise
the powers to amend the Scheme Rules contained therein. 43 |