Does not include the 2002 BDC amendments
PUBLIC AND COMMERCIAL SERVICES UNION
PR1 The Union's Objects shall
POLICIES OF THE UNION
PR2 Delegate Conference shall
be the principal policy-making body of the Union, and shall determine
the policies of the Union, subject to the following:
PR3 Branch officers and other Branch Executive Committee ("BEC") members (other than local or senior representatives) shall be elected by secret, individual ballot of the members in the Branch.
PR4 Local (or senior) representatives shall be elected by means of secret, individual voting by the members within the constituency (or constituencies) concerned.
PR5 The election of Group Executive Committees ("GECs") shall be conducted on the same basis as that laid down for membership ballots under these Principal Rules.
PR6 Where either (a) the NEC; or (b) the relevant Group Executive Committee; or (c) the relevant body of the Union designated by the NEC as responsible for the conduct of negotiations with an employer, considers that an employer is proposing a major change in members' terms and conditions of employment, that change shall not be endorsed by the Union except with the support of the members concerned as determined by a majority of those voting in a ballot conducted on the same basis as that laid down for membership ballots under these Principal Rules.
PR7 A Delegate Conference (other than Special Delegate Conferences) shall be held once every two years.
NATIONAL EXECUTIVE COMMITTEE
PR8 The management and control of the Union, and the handling of its whole affairs, shall be vested in the National Executive Committee ("NEC"). The NEC shall conduct its affairs in accordance with: (a) the Rules of the Union; and (b) the policies determined by Delegate Conference or by membership ballot.
PR9 The NEC shall be elected every two years. NEC elections shall be conducted on the same basis as that laid down for membership ballots under these Principal Rules, except that the General Secretary shall, after consulting the Independent Scrutineer, issue regulations for the conduct of the elections which shall be published to Branches and be binding on all members.
PR10 Industrial action shall only be authorised or endorsed by the Union following a membership ballot of the members concerned under these Principal Rules in which a majority of those voting vote in favour of such action.
SENIOR FULL-TIME OFFICERS
PR11 The Senior Full-time Officers shall consist of a General Secretary, one or more Deputy General Secretaries, and one or more Assistant General Secretaries. The General Secretary post shall be filled by an election, conducted on the same basis as that laid down for membership ballots under these Principal Rules. A person so elected shall serve for a period of 5 years, subject to not having reached their normal retirement date (as specified under their contract of employment).
RULES OF THE UNION
PR12 The Union's Rules shall consist of the Principal Rules, the Supplementary Rules, and the Appendices thereto.
PR13 The Principal Rules shall be amended, deleted or added to only where any such amendment, deletion or addition has been approved by (a) not less than two-thirds of the votes entitled to be cast by delegates present at a Delegate Conference, or (b) not less than two-thirds of those present and voting at a meeting of the NEC; and, in either case, where it has thereafter been approved by a simple majority of those members voting in a membership ballot. Any such ballot shall be conducted in accordance with these Principal Rules. Where the NEC proposes to hold a membership ballot under this rule, it shall give sufficient notice thereof to allow prior consultation with Branches.
PR14 Subject to principal rule PR16, in the case of conflict between a principal rule and any other rule of the Union, the principal rule shall prevail.
PR15 Subject to principal rule PR14, the Supplementary Rules and Appendices A-B thereto shall not be amended except: (a) by a Delegate Conference (in order to be carried, a motion proposing an amendment shall require the support of not less than two-thirds of the votes entitled to be cast by delegates present, subject to supplementary rule 6.10 relating to card votes); or (b) by the National Executive Committee where it considers it necessary to accommodate the transfer of engagements, or the transfer of membership, of any other union to the Union; or (c) by the National Executive Committee in order to make or amend political fund rules and political fund ballot rules in accordance with statutory requirements.
PR16 The rules in Appendix C shall come into effect on 1 January 1998 or on the date of registration of the instrument of amalgamation creating the Union, whichever is the later (called the 'effective date'). They shall remain in effect, superseding the relevant parts of the Union's Rules, for such time as may be specified in Appendix C, and shall not be amended except in accordance with the procedure set out in principal rule PR13. Actions or events referred to in Appendix C shall take place on the effective date unless otherwise specified.
PR17 No amendment to the Union's Rules, to the extent that it applies to the property and funds owned by the Inland Revenue Group, shall take effect without the consent of the Inland Revenue Group Executive Committee; and those Rules shall not take precedence in the case of any conflict with either the instrument of amalgamation creating the Union or the Inland Revenue Group constitution, in so far as they relate to the property and funds owned by the Group.
PR18 Subject to these principal rules, a membership ballot shall be held by the NEC: (a) at its discretion; or (b) where so requested by Delegate Conference; or (c) where so requested by Branches together representing a majority of the members of the Union (provided that such request has been endorsed at a properly constituted General Meeting of each Branch concerned, subject to supplementary rule 4.4). In any case where the NEC has been requested under this rule to hold a ballot, the ballot shall be completed by not later than six months after the date of the request.
PR19 Membership ballots shall be conducted on the basis that all eligible members: (a) have an equal entitlement to vote; and (so far as is reasonably practicable): (b) are given an equal opportunity to vote, which shall not be conditional on attendance at a meeting; and (c) are able to vote in secret. Elections for the NEC and for any Senior Full-time Officer post filled by election in accordance with principal rule PR11 shall, in addition to the foregoing provisions, be conducted so far as is reasonably practicable on the basis that those members entitled to vote shall: (a) be sent a voting paper by post; and (b) be given a convenient opportunity to vote by post.
PR20 Subject to these Principal
Rules, the NEC may issue regulations for the conduct of any membership
ballot. Such regulations shall be published to Branches and shall be binding
on all members. In any ballot on policy or an amendment to the rules,
the following provisions shall apply:
PR21 A Delegate Conference may, by a two-thirds majority of delegates present, pass a resolution to dissolve the Union. If such a resolution is carried, a resolution shall be taken as to the disposition of all residual assets, including the appointment of a person(s) to carry out the dissolution and deal with any consequential matters. The resolutions shall be put to all members in a membership ballot, and both shall require a two-thirds majority of those voting in order for the dissolution to proceed.
1.1 The Union's name shall be the "Public and Commercial Services Union" (hereafter "the Union").
2.1 Without prejudice to any
other rule, the Union may in furthering its Objects:
3.1 A person shall be qualified
for ordinary membership if they are employed by a government department
or agency, by a public body, or by a private body designated by the NEC.
Any person dismissed from GCHQ on grounds of union membership shall be
qualified for ordinary membership.
3.3 Ordinary members who are dismissed from their employment shall continue as ordinary members for such time as the Union is taking action to secure a remedy for them.
3.4 Except where the Union's Rules provide otherwise, an ordinary member may take part in Branch activities, vote, hold office, and be entitled to Union benefits.
3.5 Each ordinary member shall
belong to one (and only one) of the following categories of grades:
3.6 The following shall be
qualified for associate membership:
3.7 Associate membership shall
cease automatically where a member either:
3.8 An associate member may attend General Meetings of the Branch of which they were last an ordinary member or which is nearest to their place of residence. They may not speak (except at the invitation of the Branch), or propose or second any motion or amendment, or vote on any issue, or hold any Union office specified in the Union's Rules (subject to supplementary rule 3.19(f)). They shall have those rights and benefits expressly provided for in the Union's Rules, and those determined by the NEC. Nothing in this rule shall limit the powers of a Full-time Officer to perform the duties of their post.
3.9 The NEC shall establish machinery for representing the interests of associate members who are retired.
3.10 In recognition of services to the Union, life membership may be conferred on any person who has ceased to be qualified as an ordinary member. Life membership may be honorary or distinguished, and may be awarded posthumously.
3.11 No one with fewer than 15 years' ordinary membership (of the Union and/or one of its antecedents) shall be eligible for life membership, except where the NEC considers they have given exceptional service.
3.12 Branches, Groups and Associations may make nominations for life membership. The final decision as to the award of honorary life membership shall be taken by the NEC, and as to the award of distinguished life membership by Biennial Delegate Conference on the recommendation of the NEC. Group, Association or Branch life members may be created under the constitution of the Group, Association or Branch concerned, but shall not be deemed to be life members of the Union for the purposes of the Union's Rules.
3.13 A life member who is also an associate member shall enjoy the rights and benefits of, and be subject to the duties of, associate membership; except that a life member may be a Member Trustee subject to supplementary rule 9.1.
3.14 Subscription rates shall
be as follows:
3.15 No subscriptions shall be payable by a life member, or by an associate member who is a Full-time Officer.
3.16 A member in arrears by
3 months' subscriptions or more shall be given written notice by the Branch
that they may be excluded from the Union unless within 28 days of the
MEMBERSHIP : GENERAL
3.17 Any person who is, or
becomes, a member of an organisation which the NEC considers to be a fascist
or racist organisation, or who supports, or speaks or circulates material
on behalf of, any organisation concerned with disseminating racist beliefs,
attitudes and ideas, or who undertakes actions against others (whether
or not members) designed to discriminate on grounds of colour, race, ethnic
or national origin, nationality, creed, religion, gender, sexual orientation,
marital status, age or disability, shall be subject to the disciplinary
procedures under these Rules and may be expelled from the Union.
3.19 All members shall:
TERMINATION OF MEMBERSHIP
3.20 Notwithstanding the Union's Rules the NEC may by giving 6 weeks' written notice terminate the membership of any member if necessary to comply with a decision of a TUC Dispute Committee.
3.21 A member may resign by giving not fewer than 4 weeks' written notice to the Branch Secretary.
COMPOSITION OF BRANCHES
4.1 Members shall be organised into Branches at the discretion of the NEC, wherever practicable on the basis of those sharing the same employer or bargaining group located within reasonable proximity to one another or in a single place of work. The minimum number of members in a Branch shall be 50, unless the NEC considers there are exceptional circumstances.
4.2 Each Branch shall:
4.3 The NEC may allocate to a Headquarters Branch any person qualified to be a member whom it is not practicable to include in any other Branch. The Union's President and General Secretary shall be the Chairperson and Secretary respectively.
BRANCH GENERAL MEETINGS
4.4 Except where the NEC considers
that the scattered location of members makes it impracticable, each Branch
Executive Committee ("BEC") shall arrange Branch General Meetings
4.5 Each Branch's constitution shall provide for a Special General Meeting to be convened at the request of a minimum number or proportion of members, and for an Extraordinary General Meeting to be convened by the BEC.
BRANCH EXECUTIVE COMMITTEES
4.6 Each Branch shall elect a Chairperson, Secretary and Treasurer. The name and address of a newly elected officer shall be notified to the General Secretary by the Branch Secretary within 7 days. Where a new Branch is formed (other than by a Branch merger), a Branch Secretary may be appointed by the NEC; the member so appointed shall convene a General Branch Meeting within 6 weeks to approve the Branch constitution.
4.7 Each Branch shall have
a BEC composed of:
4.8 Where a Branch has members from more than one category of grades, its constitution shall ensure that the interests of members from each category are adequately represented.
4.9 Each Branch shall have a system of local representatives, except where the NEC after consulting the Branch considers it impracticable. Members shall be grouped into constituencies by workplace, location, grade, or function. Each constituency shall elect annually a local representative.
4.10 Each local representative shall be a BEC member, except that Branches may establish a system of senior representatives, elected by local representatives, who may replace them in their entirety on the BEC. A local representative elected as a Branch officer may be replaced as local representative by further election.
4.11 Each Branch shall at its AGM elect 2 auditors, who shall not be BEC members, to audit the Branch accounts.
4.12 The Branch Treasurer shall present to the AGM a financial report and audited accounts for the preceding year in the form prescribed by the NEC. A copy shall be sent to the Head Office as soon as practicable, and in any event by not later than 31 March. Branch accounts shall be kept available for inspection for 6 years following the last date to which they relate.
4.13 Any subscriptions paid in cash shall be sent by the Branch Treasurer to the Head Office as soon as practicable (and in any event not later than the last week in each quarter).
FUNDING OF BRANCHES
4.14 The NEC shall make payments to each Branch for Branch expenses, on a per capita basis for each ordinary member. The level of payment shall be determined by the NEC, and shall take into account special circumstances affecting Branches. If a Branch considers that it requires a supplementary payment it may apply to the NEC: applications shall be accompanied by a budget statement detailing all Branch spending since the last annual financial return, and all proposed Branch spending. Applications for supplementary payments covering local education or campaign spending shall be made separately. The NEC's decision on any application shall be final.
4.15 A Branch's membership shall be that used to determine representation at Delegate Conferences, except that a new Branch shall be assessed for the first year by the General Secretary.
4.16 Payments to a Branch shall be varied by the NEC to reflect the balance of a Branch's funds at the end of the previous financial year, after excluding funds raised by the Branch's own activities; except that a Branch which has complied with this Section of the Rules shall be permitted an operating balance at the start of the financial year of not less than one instalment of the payment to it determined in accordance with supplementary rule 4.14.
4.17 Payments to Branches shall be used solely to meet expenditure on activities which the NEC considers to be in conformity with the Union's policies.
4.18 Each Branch shall be governed
in accordance with the Model Branch Constitution contained in Appendix
B to these Rules. Branches may amend their constitution, except that any
amendment must be consistent with this Section of the Rules and shall
not take effect unless:
LOCAL TRADE UNION SIDES
4.19 Co-ordinating committees shall be established where more than one Branch is involved in a local trade union side. Branch representatives on a local trade union side shall be accountable to the co-ordinating committee or BEC (where no co-ordinating committee exists) and act in conformity with Union policy. No member shall sit on a local trade union side without Union authority.
5.1 The Union shall be organised so as to promote the method which is most effective for representing members' interests in negotiations with employing bodies, and for the representation of their professional and occupational concerns. In pursuance of this rule, Employer Groups ("Groups"), Occupational Associations ("Associations"), and other bodies of the Union shall be established covering spheres of employment, occupations or grades designated by the NEC.
5.2 Where the members employed by an employing body do not all belong to the same Branch, the Branches to which such members belong may be formed by the NEC into a Group. A Branch may have members in more than one Group.
5.3 The management of the affairs
of each Group shall, subject to the overriding authority of the NEC and
to the Group constitution, be vested in a Group Executive Committee. Each
Group Executive Committee shall, within the sphere of employment covered
5.4 Each Group shall have autonomy in formulating policy specifically affecting members covered by it. On matters which the NEC considers affect the Union's general interest, policy decisions shall be subject to consultation with, and the final direction of, the NEC.
5.5 Each Group constitution
shall specify the frequency of Group Executive Committee elections and
of Group Delegate Conferences. An Annual Group Delegate Conference and
Annual Group elections shall be held once every year no sooner than 1
May and no later than 15 June at such time and place as the GEC decides.
No person may be a Group President for more than 4 consecutive years.
Group constitutions shall not be valid until approved by the NEC.
Inland Revenue Group
5.7 There shall be an Inland Revenue Group which shall have autonomy in determining policy on any issue solely affecting the revenue staffs category. In addition to those funds remitted to it under supplementary rule 5.6, the Group may own funds which shall solely be its property and be held by its trustees. The Group may not be dissolved except in accordance with its constitution. The Group shall be provided with funds necessary to maintain its democratic functions and services, including Group Executive Committee meetings and an Annual Delegate Conference.
Government Communications Group
5.8 There shall be a Government Communications Group, to which members employed in GCHQ shall be allocated. The Group shall have autonomy in determining policy on any issue solely affecting members within it. The affairs of the Group shall be managed by a General Executive Council ("GEC"). The GEC may at its absolute discretion request the assistance of Full-time Officers in negotiations with GCHQ.
5.9 Members of the Group shall not take part in any industrial action which has not been duly endorsed by a majority of the members concerned voting in a secret, individual ballot under the rules of the Group.
5.10 The Group shall be provided with funds necessary to maintain its membership services, office facilities, and democratic functions (including GEC meetings and Delegate Conferences).
5.11 The Group may not be dissolved except in accordance with a simple majority of the members who vote in the Group, or on the dissolution of the Union.
5.12 Members in the Group shall be allocated to the specialist and office support grades category of the Union.
5.13 Where members with common professional or occupational concerns do not all belong to the same Branch, the Branches to which such members belong may be formed by the NEC into an Association. A Branch may have members in more than one Association.
5.14 The management of the
affairs of each Association shall, subject to the overriding authority
of the NEC and to the Association constitution, be vested in an Association
Committee. Each Association Committee shall, within the area covered by
5.15 Each Association shall have autonomy in formulating policy specifically affecting members within the Association, except that matters affecting the Union's general interest shall be subject to consultation with, and the final direction of, the NEC.
5.16 Each Association constitution shall not be valid until approved by the NEC. No person may be an Association President for more than 4 consecutive years.
5.17 The funds of each Association shall consist of the money remitted to it by the NEC, and may only be expended on purposes consistent with the principles and policies of the Union. Annual accounts for the preceding year shall be prepared in the form prescribed by the NEC, and submitted to the Head Office as soon as practicable (not later than 28 February); the NEC may request the Union's professional accountants to audit them.
5.18 The NEC may establish an Affiliate Group, on such terms as it may agree, in any case where an independent trade union or professional body, having aims and objectives similar to those of the Union, wishes to affiliate to the Union.
5.19 Branches shall be organised by the NEC into units based on geographical areas, wherever the NEC considers that a sufficient degree of participation by Branches can be maintained.
5.20 Units established under this Section shall, subject to NEC direction, co-ordinate the Union's educational, recruitment, organisational, and campaigning activities within the geographical area concerned, and help the NEC carry out the Union's Objects.
5.21 The constitution governing units established under this Section shall be subject to endorsement by the NEC.
5.22 The NEC shall establish an Equality, Health and Safety Department and such bodies as it considers necessary to represent the interests of women members, black members, young members, gay and lesbian members, and disabled members.
BIENNIAL DELEGATE CONFERENCE
6.1 A Biennial Delegate Conference ("BDC") shall be held once every two years, no sooner than 1 May and no later than 15 June, at such time and place as the NEC decides.
6.2 The following documents shall be sent to Branches by the dates indicated:
Weeks before the BDC:
Annual Reports 14
6.3 A Conference paper may be issued after the due date only if the President confirms that it could not reasonably have been issued by the due date.
6.4 The BDC shall be attended by Branch delegates, Standing Orders Committee ("SOC") members, NEC members, Member Trustees, Full-time Officers, and such other persons as the General Secretary after consulting the NEC may authorise.
6.5 The BDC minutes, which shall be a record of decisions taken, shall be circulated to Branches by the end of the year in which the BDC is held, on the basis of one copy per delegate.
SPECIAL DELEGATE CONFERENCE
6.6 A Special Delegate Conference may be called by the NEC, or on receipt by the General Secretary of a written application by Branches together representing one quarter or more of the membership.
6.7 The NEC shall determine the timetable for a Special Delegate Conference. Branches shall be given at least one month's notice. Only business detailed on the notice paper shall be dealt with.
DELEGATE CONFERENCES: GENERAL
6.8 Delegate Conferences shall be governed by the Standing Orders in Appendix A, and shall not be invalidated by any accidental omission to give any notice required, or by any defect in the election or qualification of any delegate. The quorum shall be a majority of delegates entitled to attend.
6.9 The President or (in the absence of the President) one of the Vice Presidents shall preside as Chairperson.
6.10 Voting shall be by show of hands except when a card vote is either called by the Chairperson or demanded by at least 50 delegates. A card vote may take place either before a vote is taken or immediately after the result of one is declared. The basis of a card vote shall be one vote for every ordinary member of the Branch. Only Branch delegates may cast a vote, except that the Chairperson shall have a casting vote where an equal number of votes are cast for and against a motion. For the purpose of determining the level of support for any motion at Conference, the total of those present shall be deemed to be the total of Branch delegates duly registered as being in attendance at Conference.
6.11 Representation shall be
from Branches on the basis of membership (excluding those 3 months or
more in arrears with subscriptions) on the qualifying dates as follows:
6.12 Branches shall send the Head Office a membership return within 15 days of each qualifying date. Any Branch not complying shall be notified in writing. If it fails to submit a return within 14 days thereafter, the number of members in the Branch shall be determined by the NEC. The NEC may accept a later date for the receipt of information, where it considers there are factors outside the Branch's control.
6.13 Branches may send delegates
to Delegate Conferences on the following basis:
6.14 Branches not qualifying for direct representation may combine in a consortium to elect a delegate, on a basis approved by the NEC, provided they notify the General Secretary in writing at least six weeks before Conference. For card votes, the votes of consortium Branches shall be aggregated.
6.15 A Branch outside the UK
may send delegates on the same basis as one inside, except that:
6.16 Delegates shall be fully paid-up members of their Branch (subject to supplementary rule 6.15(a)). NEC members may not be Branch delegates. If a delegate cannot attend due to illness, bereavement or other emergency, another member of their Branch may, if the Branch wishes, take their place as delegate; where it is not practicable to ascertain the wishes of the Branch, they may do so with Conference approval.
6.17 The NEC may, in consultation with Branches, appoint Conference trainees. Trainees may not speak or vote on Conference business.
6.18 Motions shall be received by the General Secretary not later than 8 weeks before the BDC, by a date determined by the NEC. Motions amending a Conference paper issued after the normal due date shall be received by the General Secretary not later than 4 weeks after the paper was sent to Branches.
6.19 Motions may only be submitted by Branches or by the NEC. Branch motions shall have been passed at a properly constituted General Meeting of members (except where the NEC under supplementary rule 4.4 considers that the scattered location of members makes it impracticable), and submitted on official forms signed by the Branch Chairperson and Secretary (or in the case of absence, by another Branch officer). NEC motions shall have been passed at a properly constituted meeting.
STANDING ORDERS COMMITTEE
6.20 There shall be a Standing Orders Committee ("SOC") of 5 members. At least one member shall be drawn from each of the following three groups of grades: (a) administrative and allied; (b) executive and allied; specialist and office support; (c) revenue staffs. The Chairperson shall be elected by the SOC from among those of its members next due to reach the end of their term of office. Where the Chairperson is absent, the SOC shall elect a temporary substitute. The Secretary shall be a Full-time Officer designated by the General Secretary. The quorum shall be 3. No SOC member may attend Delegate Conferences in any other capacity, or vote on Conference business, or while so acting be a member of the NEC. SOC members shall serve for 4 years.
6.21 In the event of a casual vacancy on the SOC, the first eligible runner-up then available at the last relevant election shall be called upon to fill the vacancy until the conclusion of the next BDC, at which the vacancy shall be filled by election.
6.22 The SOC shall, pursuant
to the objectives in principal rule PR1:
ELECTIONS AT DELEGATE CONFERENCES
6.23 The BDC shall elect by
ballot where necessary:
6.24 Subject to eligibility
and to supplementary rule 7.32, the BDC shall elect one half of the Union's
6.25 The NEC shall take steps to ensure that, wherever practicable and subject to the Union's Rules, the number of women members elected under each part of supplementary rule 6.24 shall be not less as a proportion of the total elected than the proportion of women members in the Union. The Annual Report shall state whether the proportions actually achieved were (i) more or less than the proportion of women members in the Union, and (ii) more or less than any proportions required under TUC policies or rules; and shall indicate the steps taken by the NEC to discharge its responsibilities under this rule.
6.26 Nominations may be made only by Branches, and (except where the NEC under supplementary rule 4.4 considers that the scattered location of members makes it impracticable) at a properly constituted Branch General Meeting; except that nominations for distinguished life membership may be made only by the NEC. The consent of a nominee shall be obtained.
6.27 Official nomination papers shall be sent to Branches not later than 14 weeks before the BDC. They shall be received by the General Secretary duly completed not later than 8 weeks before the BDC, by a date determined by the NEC.
6.28 A nomination by a Branch shall only be valid if made on an official nomination paper with a certificate signed by the Branch Chairperson and Secretary (or, if either is absent, by another Branch officer) that the rule relating to the holding of a Branch General Meeting has been complied with, and giving the date and place of the meeting. Nominations by the NEC under supplementary rule 6.26 shall be signed by the General Secretary.
6.29 A nomination is a promise of a Branch's vote; it may only be changed by a specially convened Branch General Meeting, and any change shall be notified to the General Secretary before the BDC.
6.30 If there are insufficient nominations for any position, nominations for the unfilled positions shall be called for from the floor of Conference, and a vote shall be taken. If any position remains unfilled, the NEC may fill it.
Conduct of elections
6.31 Subject to the Union's Rules, the NEC shall, after consulting the Member Trustees, issue regulations to Branches for the conduct of the elections. These regulations shall be binding on all members. The General Secretary shall, with the help of the Member Trustees, make all necessary arrangements for the conduct of the elections.
6.32 The General Secretary shall satisfy themself that the nomination rules have been complied with, and that the consent of each nominee has been given. The General Secretary shall refer any case of doubt to the Member Trustees for decision.
6.33 The Member Trustees shall supervise the elections and give the President a certified statement of the results.
6.34 Voting shall be by ballot paper and a card vote.
6.35 Any complaint as to an alleged breach of these rules shall be made in writing to the Member Trustees. Any complaint as to the validity of a nomination shall be made not later than 2 weeks before the BDC. If the Member Trustees consider that the rules have been breached they shall, after consulting the President, decide what action if any should be taken, including whether the election should be declared void or any candidate disqualified. The Member Trustees' decision shall be final and binding on all members. The General Secretary shall publish the decision, together with the reasons for it, to Branches.
VISITORS AND OBSERVERS
6.36 The NEC shall invite any Group or Association President not elected as a delegate, and may invite other visitors, at the expense of the Union.
6.37 Branches may send observers to Conference, provided the expenses of doing so are met solely from funds raised by the Branch's own activities. The allocation of seats shall be determined by the NEC according to the accommodation available. Observers shall be given all official Conference documents issued to delegates.
7.1 The NEC shall consist of the President and 4 Vice Presidents (together called "the Honorary Officers"), any Senior Full-time Officer elected in accordance with principal rule PR11, and 41 ordinary members.
7.2 The Honorary Officers and
the ordinary members shall be elected for a term of two years on the following
7.3 Senior Full-time Officers shall not have voting rights at meetings of the NEC.
7.4 The proportion of seats elected by each category under 7.2(e) (i)-(iv) shall be equal to the proportion of that category within the Union's ordinary membership as at 31 December in the year immediately preceding the elections, except that the minimum number of seats resulting in each case shall be 3. Fractions shall be rounded to the nearest whole number, and a half shall be rounded up. Where the net effect of rounding and applying the minimum number produces a total number of seats greater or less than 41, the number so produced shall be the number of such seats on the NEC for the period in question.
7.5 If: (a) more than one member from a particular Branch or Group would (but for this rule) be elected to a seat in supplementary rule 7.2(b) or 7.2(e)(i); and (b) the total number of such members would, in the case of either election, be more (as a proportion of the aggregate total of such seats) than that Branch's or Group's proportion of the Union's membership in the administrative and allied grades category (as defined in supplementary rule 3.5(d)), the member(s) with the lower or lowest votes of such members in the relevant election shall be displaced by the member(s) with the highest votes from another Branch or Group (only if, and to the extent that, such replacement member(s) is available).
7.6 If in any of the groups of seats below no seat would (but for this rule) be filled by a member who on being nominated identified themself as being from a black racial group, the highest polling member in the corresponding specified election who did so identify themself shall displace the member with the fewest votes in that election (out of those who would otherwise be elected) who did not so identify themself (only if such replacement member is available):
Groups of seats Specified election
(a) Rule 7.2(c) and (e)(ii)
7.7 An NEC member shall not be required to resign by reason of a change in their grade category or employer, provided they remain qualified for ordinary membership.
7.8 A casual vacancy in the office of President shall be filled by the most senior Vice President. Seniority shall be determined by continuous service as Vice President or (in the case of equality thereof) by aggregate service, whether or not continuous, on the NEC and/or on the national executive body of the Union's antecedents. A casual vacancy in the office of Vice President may be filled by the NEC by either (a) an election from and by those NEC members in the relevant constituency, or (b) a by-election of members subject to supplementary rule 7.2. Subject to supplementary rules 7.5 and 7.6, a casual vacancy on the NEC (other than for Honorary Officer) may be filled by the NEC either by inviting the person standing highest on the list of unsuccessful candidates in the last relevant election and available to serve, or through a by-election.
7.9 The NEC shall (subject
to supplementary rules 4.1, 5.1, 5.2 and 5.13) have authority to exercise
those powers in supplementary rule 2.1, and without prejudice to the generality
of those powers shall further have the powers to:
POWERS AND DUTIES OF PRESIDENT
7.10 The President shall preside at all NEC meetings, put such motions to the vote as may be seconded, and be the judge of order. The President may speak and vote on all questions. A decision of the President shall be complied with immediately, unless formally challenged by an NEC member. Any challenge shall be decided without debate and only upheld if supported by two-thirds of those present and voting. The President shall sign all minutes of NEC meetings once confirmed.
7.11 The President may attend any meeting of members to consider Union business, and speak on any question.
7.12 In the President's absence the senior Vice President shall preside, and act with the authority of the President.
7.13 NEC Committee decisions shall be subject to ratification by the NEC.
7.14 There shall be a Policy
and Resources Committee of the NEC, of which the lay members shall consist
National Disputes Committee
7.15 The NEC shall appoint a National Disputes Committee ('NDC') consisting of the Honorary Officers and the Senior Full-time Officers; only the Honorary Officers and Senior Full-time Officers elected in accordance with principal rule PR11 shall have voting powers. A quorum shall consist of 3 voting members, of which one shall be either the President or a Vice President.
7.16 Industrial action shall only be authorised or endorsed by the Union when so approved by the NDC or the NEC, following a ballot of the members concerned under the Principal Rules of the Union in which a majority of those voting vote in favour of such action. The NDC shall decide whether strike pay shall be paid, and if so at what rate, in any particular dispute.
7.17 The NDC shall take decisions in the name of the NEC. Decisions shall be reported to the next NEC meeting, but be binding until then.
7.18 There shall be an Editorial
Board comprising 5 members elected at the BDC, 2 members appointed by
the NEC, and an Honorary Officer (who shall act as Chairperson). The Board
shall have editorial control of the Union's national journal.
7.19 The NEC shall meet not fewer than 4 times each year, and at such other times as either (a) the President or General Secretary considers necessary, or (b) a majority of NEC members request in writing (in such a case only to deal with the matters specified), or (c) the NEC decides under its standing orders. The quorum for any meeting of the NEC or its Committees (except for the National Disputes Committee) shall be a majority of the voting members.
7.20 The Annual Report shall state the number of NEC and NEC Committee meetings during the previous calendar year and the attendance of members. Any member absent from an NEC meeting shall give a reason. Any member absent from 2 consecutive regular meetings shall be deemed to have resigned, unless absence is caused by ill-health or some other reason which the NEC considers satisfactory.
7.21 Issues shall be decided by a majority of the total votes cast, except those which by the Union's Rules or by any agreement or contract are to be decided in a special manner. In the event of an equality of votes the President shall have a casting vote. In exercising their vote no NEC member shall be bound by collective responsibility arising from their membership of an NEC Committee.
7.22 NEC elections shall be conducted on the basis of secret, individual voting. The NEC shall appoint an Independent Scrutineer who shall supervise the production and distribution of voting papers and the counting of votes. The General Secretary shall, after consulting the Independent Scrutineer, issue regulations for the conduct of the elections which shall be published to Branches and be binding on all members.
7.23 Nominations may be submitted only by Branches, and (except where the NEC under supplementary rule 4.4 considers that the scattered location of members makes it impracticable) following endorsement by a properly constituted Branch General Meeting. Branches may make nominations only for elections in which one or more Branch members may vote, and as determined by a meeting of those members concerned. The consent of a nominee shall be obtained.
7.24 Official nomination papers shall be issued to Branches not later than 14 weeks before the BDC. They shall be received by the General Secretary duly completed not later than 8 weeks before the BDC, by a date determined by the NEC.
7.25 A nomination shall only be valid if made on an official nomination paper with a certificate signed by the Branch Chairperson and Secretary (or, if either is absent, by another Branch officer) that the rule relating to the holding of a Branch General Meeting has been complied with, and giving the date and place of the meeting.
7.26 Nominees must be members entitled to vote in the part of the elections to which their nomination relates.
7.27 Nominees may submit a written election address (including biographical information) not exceeding 400 words. Election addresses shall be received by the General Secretary not later than 7 weeks before the BDC, on a date determined by the NEC.
7.28 The General Secretary shall satisfy themself that the rules relating to nominations have been complied with and that the consent of the nominee has been given.
7.29 Any complaint as to an alleged breach of these rules shall be made in writing to the Independent Scrutineer. Any complaint as to the validity of a nomination shall be made not later than 1 week before the issue of ballot papers. If the Independent Scrutineer considers that the rules have been breached they shall, after consulting the President, decide what action if any should be taken, including whether the election should be declared void or any candidate disqualified. The Independent Scrutineer's decision shall be final and binding on all members. The Independent Scrutineer shall publish the decision, together with the reasons for it, to Branches.
7.30 A successful candidate for Honorary Officer shall accept that post and decline any more junior post (including another Honorary Officer post) to which they may have been elected.
REPRESENTATION OF THE UNION
7.31 Except as provided for elsewhere in the Union's Rules, the Union's representatives on any other organisation shall be appointed by the NEC. Only a member or a Full-time Officer or member of staff shall represent the Union.
7.32 The representation of
the Union at TUC Conferences shall be as follows:
8.1 Subject to the Union's Rules, the Full-time Officers shall be appointed by the NEC, and subject to its control and direction.
SENIOR FULL-TIME OFFICERS
8.2 The General Secretary shall:
8.3 The General Secretary may:
8.4 In the event of a vacancy in any Senior Full-time Officer post filled by election in accordance with principal rule PR11, the NEC shall make the necessary arrangements for an election to be held, including the appointment of an Independent Scrutineer. The vacancy shall be advertised, and open to members of the Union. The NEC shall, after consulting the Independent Scrutineer, approve regulations for the conduct of the elections which shall be published to Branches and be binding on all members. An election address of not more than 1,000 words (including biographical information) shall be permitted.
8.5 Those elected shall be appointed by the NEC on such terms and conditions as the NEC may determine.
8.6 The Deputy General Secretary (or Secretaries, as the case may be) shall co-operate with the General Secretary, and in the absence of the General Secretary shall have the powers and authority of that office.
OTHER FULL-TIME OFFICERS
8.7 Other Full-time Officer appointments shall be made by the NEC, initially for a probationary period of 12 months.
8.8 The Union shall recognise and deal with an independent trade union or trade unions representing the Union's employees for the purpose of collective bargaining.
8.9 The Union shall pursue a policy of equal opportunity for its employees.
9.1 There shall be 3 Member Trustees, who shall be present or former ordinary members of the Union, appointed by the NEC. One Member Trustee shall be drawn from each of the following three groups of grades: (a) administrative and allied; (b) executive and allied; specialist and office support; (c) revenue staffs. Each Member Trustee shall serve for 3 years. A casual vacancy may be filled by the NEC. A Member Trustee may not occupy any other Union office. A Member Trustee shall immediately resign on becoming bankrupt or on being disqualified from holding office as a company director.
9.2 All Union property and funds (including all those held by subsidiary parts of the Union, but excluding that held and owned by the Inland Revenue Group) shall vest in the Member Trustees, who shall act with the consent of, and in accordance with the directions of, the NEC. The NEC shall ensure that the Union's finances are conducted in accordance with the Union's Rules and any direction given or decision made under them. The Union's finances shall be managed by the General Secretary, subject to the direction of the NEC.
9.3 All monies, funds, accounts, books, records and other Union properties (real and personal), including all those held by subsidiary parts of the Union, shall (subject to supplementary rule 9.2) be surrendered to the NEC at its request.
9.4 The Trustees may sell, exchange, lease, charge, or agree to let, any real or personal property of the Union; borrow or lend money with or without security; cause bank accounts to be opened or closed; and accept any real or personal property given to the Union or lawfully acquired by it.
9.5 The NEC may authorise the payment of any monies required to carry on the Union's affairs, the investment by the Trustees of the Union's funds in any lawful way, and the raising of monies by way of mortgage, loan or charge on any Union asset.
9.6 The National Treasurer of the Union, who shall be an Assistant General Secretary designated by the NEC, shall in conjunction with the Director of Finance take charge of those funds which are not invested. They may hold petty cash up to such amount as the NEC may direct. They shall, as directed by the NEC, pay all demands, render a full and clear account of the Union's finances, and give up all monies, books, records and other Union property in their possession.
9.7 Cheques or other payments drawn on the Union's bank account shall require 2 signatories, who shall be determined by the NEC. No person may act as both first and second signatory in respect of the same payment.
9.8 Expenses shall be paid from the Union's central fund, as approved by the NEC, to members attending Delegate Conferences or Union committees, and to any member or Full-time Officer or member of staff representing the Union. Member shall sign a declaration that the expenses have been incurred on Union business and are not chargeable in whole or in part to any other body.
9.9 There shall be a General Fund which shall be credited with all subscriptions and other income intended to be used for the general purposes of the Union, and debited with all associated expenses. The Fund may be used for any purpose that the NEC considers to be in accordance with the Objects, except for any purpose which may only be supported by spending from the Political Fund.
9.10 There shall be a benevolent service available to members, funded from the General Fund. Awards may be made to members on redundancy or retirement, during sickness or incapacity, for injury, for funeral expenses of a member or for the partner or children of a deceased member, or for any compassionate purpose. Payments may be in the form of grants and/or loans. The Union shall not pay to any person a lump sum award exceeding £4,000 or an annuity exceeding £825.
CAMPAIGN AND DISPUTES FUND
9.11 There shall be a Campaign and Disputes Fund, which shall be credited with such proportion of subscription income as the NEC shall decide. The Fund shall be used solely to finance industrial action, campaigns or demonstrations authorised by the NEC. No other Fund may be used for these purposes.
9.12 The Union shall have a Political Fund (subject to either: (a) members of the CPSA having passed a political resolution prior to the effective date; or (b) members of the Union having passed such a resolution subsequent to the effective date). 10 pence of each member's monthly contribution shall be contributed to the Fund, except in respect of those members who are exempt. In the event of (a) above, political fund rules shall be determined by agreement between the National Executive Committees of the PTC and CPSA prior to the effective date. In the event of (b) above, political fund rules shall be determined by the NEC in accordance with principal rule PR15.
PENSION FUND FOR EMPLOYEES
9.13 The NEC shall cause a pension fund (or funds) to be established and maintained for the benefit of the Union's employees. The fund (or funds) shall be supported as required by payments from the General Fund.
9.14 The financial year of the Union, and of each of its subsidiary parts, shall run from 1 January to 31 December.
9.15 The auditors of the Union's accounts shall be chartered accountants appointed by the NEC. The auditors may be removed by a Delegate Conference on the recommendation of the NEC.
9.16 The NEC shall cause the accounts to be regularly entered in appropriate accounting records, and as soon as practicable after 31 December submitted for audit. The auditors shall have access to all books, accounts, and other relevant documents; examine the accounts; and either sign the accounts as showing a true and fair view in accordance with the Union's Rules, or report in what respects they find them not to be. They may report on any other matter connected with the accounts.
9.17 Each year following completion
of the audit, the NEC shall publish to Branches the accounts and the report
of the auditors. The NEC shall present to the BDC:
9.18 The NEC may request the auditors, Member Trustees, or such other person(s) as may be appointed under this rule as special member auditor, to examine any accounts and accounting records of the Union or of any part of the Union. One or more members of the Union may be appointed by the NEC as special member auditor, subject in each case to the endorsement of Delegate Conference.
INSPECTION OF ACCOUNTING RECORDS
9.19 Any member shall be entitled, on request to the General Secretary, to inspect a copy of the annual audited accounts and the statutory annual return made by the Union, and to be supplied with a copy thereof at cost.
9.20 The Union shall indemnify the Member Trustees and Full-time Officers, and may at the discretion of the NEC indemnify any member holding Union office (including any NEC member) and any member of staff, against all liabilities incurred in the proper discharge of their duties (except those incurred through the wilful neglect or default or fraud or misconduct of the member or other person).
9.21 Death benefit of £1,100 shall be paid to the nominee of an ordinary member who dies while a member.
9.22 Death benefit shall not be payable where death results from war or invasion, except in the course of duty outside the UK.
9.23 A member may nominate a person(s) to whom death benefit shall be paid. The member may revoke or vary their nomination by submitting a new one. The marriage of a member shall nullify a previous nomination, and necessitate a further nomination. A nomination shall not be revoked by a subsequent will. In the absence of a nomination the NEC may make the payment to the person whom it considers to be the legal personal representatives of the deceased or, pending their appointment, to the person it considers to be beneficially entitled. All nominations shall be made on the prescribed form and sent to the Head Office.
9.24 The death of a member shall be immediately notified to the Head Office by the relevant Branch Secretary (or by such person as the Branch may authorise), in such form and with such information as the NEC may direct.
9.25 Nothing in this Section of the Rules gives the nominee, next of kin or any other person a right of legal action against the Union. The NEC may, at its absolute discretion, grant benefit in any exceptional case where the conditions of benefit are not satisfied.
9.26 The NEC may, at its absolute discretion, give free legal help to a member or their partner or dependants (provided the subscriptions of the member by or through whom legal help is sought are paid and remain paid up to date), or to the dependants of a deceased member. Any member requiring free legal help shall apply to the Head Office and give such information as the NEC may require.
10.1 Where the NEC considers there are grounds for considering whether a member has seriously prejudiced the Union's interests, or the interests of one of its antecedent unions, and is a fit person to remain a member or hold Union office, it may initiate proceedings against them under this Section of the Rules.
10.2 Any complaint against
a member under this Section of the Rules shall be made in writing to the
General Secretary, who shall refer it to the NEC. The NEC shall cause
such enquiries to be made as it considers necessary to establish whether
or not there is a prima facie case for believing that a disciplinary offence
has been committed. If it considers that there is such a case it may instruct
the General Secretary to:
10.3 A Disciplinary Committee shall consist of an uneven number of persons (not exceeding 7) appointed by the NEC. It shall be chaired by a life member. The remaining members may include one or more non-members of the Union. NEC members shall be ineligible. The Secretary shall be the General Secretary or a Full-time Officer designated by the General Secretary.
10.4 The member shall receive
not fewer than 28 days written notice of the date, time and place of the
Committee meeting, and of their rights to:
10.5 Where a Branch has made a complaint against one of its members, it shall be given not fewer than 28 days written notice of the date, time and place of any Committee meeting; and of its right to have a representative present at the meeting, who may make an introductory statement.
10.6 The NEC may have a representative present at the Committee meeting; call witnesses and cross-examine witnesses; and submit oral and written evidence. Any written evidence from the NEC shall reach the General Secretary not later than 21 days before the meeting, and be sent to the member at the same time.
10.7 The Committee shall not consider any written evidence received by the General Secretary later than 7 days before the meeting.
10.8 The Committee shall make decisions by not less than a two-thirds majority of those present. It may adopt such other procedures as it sees fit for the conduct of its business.
10.9 If the Committee decides
that a member has seriously prejudiced the Union's interests, it shall
so report to the NEC in writing, giving reasons. The NEC may impose one
or more of the following disciplinary penalties:
NATIONAL APPEALS COMMITTEE
10.10 A member on whom a disciplinary penalty has been imposed may appeal to the National Appeals Committee ("NAC"), provided a written appeal is received by the General Secretary within 28 days of notice of the penalty being sent to the member, setting out the detailed grounds of appeal. Receipt of the appeal shall be acknowledged within 7 days.
10.11 The NAC shall hear the
appeal within 2 months after the General Secretary received the appeal,
or as soon as practicable thereafter. The member shall, not later than
28 days before the NAC hearing, be sent written notice of the date, time
and place of the hearing and of their rights to:
10.12 The NAC shall consist of 9 members, each elected by secret, individual membership ballot for a four-year term. NEC members shall not be eligible. At least one NAC member shall be drawn from each of the following three groups of grades: (a) administrative and allied; (b) executive and allied; specialist and office support; (c) revenue staffs. A casual vacancy shall be left vacant until the next election, and the replacement member (who shall be the member elected with the fewest votes) shall serve the unexpired term.
10.13 The President (or appointed deputy) shall present the NEC's case to the NAC. Any written submission by the NEC shall reach the General Secretary not later than 21 days before the hearing, and be sent at the same time to the member.
10.14 No new allegation or charge may be raised during the appeal.
10.15 The General Secretary shall supply the NAC with a copy of the appeal, any written submissions, the documents before the Disciplinary Committee, the minutes of the Disciplinary Committee meeting, the Disciplinary Committee report, and the notice of the disciplinary penalty imposed by the NEC. A copy of the above documentation shall be provided by the General Secretary to the appellant not later than 14 days before the hearing.
10.16 The NAC shall elect a Chairperson from among its own members. The quorum shall be 5. The Secretary shall be the General Secretary, or a Full-time Officer designated by the General Secretary, who shall attend the hearing. Voting shall be by simple majority of those present: if the votes are equal the Chairperson may use an additional casting vote.
10.17 The NAC may endorse, set aside, or vary (within the limits of 10.9) the Disciplinary Committee and/or NEC decision. Written notice of the NAC decision shall be sent to the member and the NEC as soon as practicable, and in any event within 7 days.
APPEAL TO CONFERENCE
10.18 If the NAC confirms or imposes the expulsion, disqualification from Union office or suspension of a member, the member may appeal to a Delegate Conference, provided a written appeal is received by the General Secretary within 28 days of the NAC decision being sent to the member, giving the detailed grounds of appeal. Receipt of the appeal shall be acknowledged within 7 days. The appeal shall be determined at the first Biennial or Special Delegate Conference allowing 5 weeks between the receipt of the appeal and the Conference.
10.19 Any written submission
by the NEC shall reach the General Secretary not later than 21 days before
the Conference, and be sent at the same time to the member. Any written
submission by the member shall be received by the General Secretary not
later than 14 days before the Conference.
10.21 No new allegation or issue may be raised during the appeal.
10.22 At the Conference, the President (or appointed deputy) shall propose a motion that the expulsion of the member be upheld. The member, and/or a person nominated by them to speak on their behalf, may then speak in opposition to the motion. The motion shall then be immediately put to the vote. No other motion on the matter may be taken. The decision of Conference shall be final and binding.
10.23 The NEC may, subject to any service agreement or contract, recommend the dismissal of a Full-time Officer to a Delegate Conference.
10.24 Nothing in this Section of the Rules shall prevent the Union from pursuing civil or criminal proceedings in respect of which the NEC considers any member to be liable.
10.25 References in this Section of the Rules to the giving of written notice or appeal mean despatch by pre-paid recorded delivery post or (in the case of a notice to a member) personal delivery or (in the case of an appeal by a member) delivery at the Head Office.
10.26 Where a member is expelled
or suspended from membership under this Section of the Rules, they shall
cease to be a member for all purposes under the Union's Rules for such
time as the penalty remains in force (except that in the case of a member
who appeals, their rights to personal benefits shall be maintained until
the appeal is determined). In the case of a member who appeals, the term
"member" shall be interpreted as referring to a person who is
a former member. A member who is suspended from membership shall have
their membership restored automatically at the end of the period of suspension.
11.1 All members are bound by the Union's Rules. A copy shall be supplied to any member free of charge on application to the Head Office.
11.2 Where the NEC considers that by reason of industrial action, force majeure or other cause beyond the Union's control, or in case of emergency, any time limit specified in the Union's Rules cannot be fulfilled, the NEC may notwithstanding any provisions in the Union's Rules change such times as it considers necessary.
11.3 In any case of conflict, the Union's Rules shall take precedence over the constitution of any subsidiary part of the Union.
11.4 Any notice or order under
the Union's Rules may (unless otherwise expressly provided) be given:
11.5 Any notice shall be deemed to have been received, if sent by letter post, within 7 days of despatch; if personally delivered, at the time delivered; if published in the official journal, 14 days after despatch; if displayed at a place of work, on the following day. No meeting of any subsidiary part of the Union shall be invalidated by an accidental failure to give the notice required to a member(s).
11.6 The President shall determine any question as to the interpretation of the Union's Rules, including any question as to whether or not the Rules are silent. The NEC shall determine any question on which the Rules are silent. Any ruling made by the President under this rule may only be challenged by a Branch or ordinary member, in writing to the General Secretary stating the reasons for the challenge. A challenge by a Branch must have been passed at a properly constituted General Meeting. A challenge shall only be upheld by the NEC on a majority of not less than two-thirds of those present and voting.
11.7 For the purposes of the Union's Rules the date of any Conference shall be its first day.
11.8 References in the Union's Rules to the "Head Office" are to the Head Office of the Union. Unless expressly stated otherwise in the Union's Rules or on an official form, any notice or return required to be sent to the Head Office shall be addressed to the National Treasurer.
11.9 Subject to continuing eligibility, terms of office specified for elected positions under the Union's Rules (other than Senior full-time Officer) shall commence on the day following the last day of the BDC in the year in which the elections were held, and shall cease on the last day of the BDC in the year in which the term expires.
ORDER OF BUSINESS
A1 The order of BDC business
shall be decided by Conference on the recommendation of the SOC and shall
A2 All motions shall be in the affirmative.
A3 Motions shall be moved when called and seconded immediately after the mover's speech, otherwise they shall fall.
A4 A motion may be withdrawn only by the mover and with the consent of Conference.
A5 A motion to affiliate to another organisation shall include a synopsis of its aims and objectives together with the annual cost of affiliation.
A6 Motions other than those
appearing in the booklet of motions shall not be accepted except:
A7 A motion to amend shall not directly negative the substantive motion, and if carried shall become part of it.
A8 A motion once lost may not be moved again at the same Conference.
MOTIONS OF ORDER
A9 At the Chairperson's discretion,
the following motions of order shall have priority and be taken without
A10 Motions that the vote be now taken, or that Conference proceed to next business, shall only be moved by delegates who have not previously spoken in the debate.
A11 If Conference agrees 'That the vote be now taken', the motion under debate shall be put to the vote after its mover has been offered the right of reply.
A12 If Conference agrees 'That Conference proceed to next business', the Chairperson shall proceed to the next item on the agenda without any vote being taken on the motion under debate.
POINTS OF ORDER
A13 Delegates raising a point
of order shall seek to prove one or more of the following:
REFERENCE BACK OF SOC REPORT
A14 Branches must give the SOC 7 days' written notice of their intention to move reference back of the SOC report (excluding any supplementary report), with details of proposed alterations, and with reasons for it. The Branch delegation shall meet the SOC before Conference at a time determined by the SOC.
A15 Branches wishing to move reference back of any supplementary SOC report published up to 5pm on the day before Conference should arrange to meet the SOC by 8.30pm on the same day to give the SOC details of the reference back and reasons for it.
A16 Only Branches which have complied with these Standing Orders may seek to move reference back of an SOC report. There is no prescriptive right to move reference back: whether a reference back is heard shall depend on the time allocation acceptable to Conference. If a delegate is called they shall produce a credential card supplied by the SOC certifying that the correct procedure has been followed.
SUSPENSION OF STANDING ORDERS
A17 These Standing Orders shall not be suspended except with the support of not less than two-thirds of the votes entitled to be cast by delegates present.
A18 No suspension shall be accepted from any delegate after the adoption of the SOC report relating to the order of business, unless prompted by later external events.
A19 A delegate wishing to suspend the order of business shall apply in writing to the Conference Chairperson, who shall decide whether the suspension is admissible under the Union's Rules.
A20 The Conference Chairperson may propose a suspension of Standing Orders at any time, to alter the order of business or to introduce new business.
RIGHTS AND DUTIES OF DELEGATES
A21 When a motion is called the mover shall proceed immediately to the rostrum, and the seconder shall proceed to the vicinity of an alternative rostrum (unless in either case the moving or seconding is purely formal). Speakers shall use the rostrum, announce their name and Branch (or office in the case of speakers for the NEC), and address themselves to the Chairperson. After speaking all movers of motions shall remain in the vicinity of the rostrum in case they are invited to reply to the debate.
A22 If two or more delegates seek to speak at the same time, the Chairperson shall decide which shall speak first.
A23 Speakers shall confine their remarks to the motion or point of order under discussion, except for questions on the adoption of the Annual Reports and accounts and on NEC statements where Conference has agreed to provide for such questions.
A24 Speeches by movers of motions shall be limited to 5 minutes, except that NEC speakers may be allowed up to 15 minutes to introduce a Conference paper. All other speeches including mover's right of reply shall be limited to 3 minutes.
A25 No one may speak more than
once on any motion except:
A26 The mover of a motion exercising a right of reply shall deal solely with points of opposition raised in the debate.
A27 The Chairperson shall ensure that where opposition to a motion exists, opportunity shall be given for this opposition to be expressed in debate.
A28 Where a delegate causes a disturbance and refuses to obey the Chairperson's instruction, they shall be expelled from the Conference and shall not be allowed to return until an apology has been received which the Chairperson considers acceptable.
A29 During a speech other delegates may rise to address the Chairperson only on a point of order.
A30 The doors of the Conference meeting place shall remain closed, and delegates shall remain at their seat, while a card vote is taken.
CHAIRPERSON OF CONFERENCE
A31 The Chairperson's ruling on any question arising under these Standing Orders shall be final unless challenged. No challenge shall stand unless at least 50 delegates indicate their support, in which case a motion 'That the Chairperson's ruling shall stand' shall be put to Conference by a Vice President without discussion. The Chairperson's ruling shall only be reversed with the support of not less than two-thirds of the votes entitled to be cast by delegates present.
A32 The ruling of the Chairperson on a point of order shall be final and not open to discussion.
A33 The Chairperson may operate the 'guillotine' at their discretion when the time allotted on any agenda section expires.
SOC PROCEDURAL RULES
A34 The SOC shall separate motions into the following categories:
Category A Motions for debate,
grouped as far as practicable under the main subject headings appearing
in the Annual Reports.
A35 The SOC shall send to the relevant Group or Association SOC any motion it considers appropriate to a Group or Association Conference agenda.
A36 The President may transfer any motion on a Group agenda to the BDC agenda, or rule out any motion which they consider inappropriate for Group decision, after consulting the SOC and the Branch(es) concerned. Such decisions shall be communicated to the Group SOC not later than 14 days before the Group Conference.
A37 Wherever practicable the SOC shall find composite motions for inclusion on the agenda, which may be either (a) existing motions chosen as representative of others on the same issue, or (b) motions drafted by the SOC which incorporate the essential points made in others. The passing of a composite motion shall not imply acceptance of the detailed variants in the motions it covers.
A38 All motions which are out of order shall be listed, and reasons given why such motions are out of order.
A39 All motions designed to amend the Union's Rules shall be so printed as to leave no doubt as to the objective they are designed to achieve.
A40 The SOC may exclude any motion from the agenda which it considers may provide grounds for legal proceedings.
A41 The SOC shall be available to meet delegates at certain times on the two evenings immediately before Conference to allow the requirements of the rules relating to emergency motions and references back to be met, and to consult and advise delegates.
A42 The SOC shall inform the President which Branches have fulfilled the conditions of Standing Orders in relation to reference back of SOC reports. The SOC shall give the Branch delegate(s) a coloured credential card bearing the Branch name and the number of the motion.
A43 The SOC shall ensure that a report containing emergency motions is made available to delegates by not later than 5pm on the day before Conference.
A44 During Conference the SOC shall advise the Chairperson on the progress of business in relation to the timetable, and about the operation of the 'guillotine' where necessary.
A45 The SOC shall be present during the debate on any motion to refer back an SOC report, and shall express its views before any vote is taken.
B1 The name of the Branch shall be the 'Public and Commercial Services Union (....) Branch'.
B2 The objects of the Branch
shall be to:
B3 All members employed at (...) shall be deemed to be members of the Branch.
B4 The management of the Branch shall be vested in Branch General Meetings, the Branch Executive Committee ("BEC"), and the Branch officers.
Annual General Meeting
B5 The Annual General Meeting ("AGM") shall (in the case of the year concerned) be held between 1 January and the last day allowing for the timely submission of motions and nominations for the Union BDC. No quorum shall be needed.
B6 The AGM shall:
B7 A notice convening the AGM, together with the Annual Report, Financial Report and audited Statement of Accounts, shall be circulated by the Branch Secretary to members not later than 28 days before the meeting. Written notice of motions and nominations for inclusion on the agenda shall be sent to the Branch Secretary not later than 21 days before the meeting. The agenda, including details of all proposed motions and nominations, shall be circulated not later than 14 days before the meeting: motions submitted less than 14 days before the meeting shall only be accepted as motions of urgency at the discretion of the Chairperson.
B8 The BEC may not make any nomination for election as Branch officer, BEC member, BWAC member, Branch auditor, delegate to the Union or Group Delegate Conference, or scrutineer.
B9 Each member attending the AGM, subject to the Union's Rules, may vote on matters put to the meeting for decision. The Chairperson shall have a casting vote in the event of an equality of votes for and against a proposal. Voting shall be by show of hands; but any vote may be taken by ballot of those present at the discretion of the Chairperson, or at the request of a majority of those present provided that such request is made before the question is put.
B10 In the case of elections conducted at the AGM, each member shall have one vote for each position to be filled. The votes shall be counted by the scrutineers and the candidates for each position placed in order. The candidate(s) with the most votes shall be elected.
B11 General Meetings shall be convened by the Branch Secretary to mandate delegate(s) on the business of Union and Group Delegate Conferences. The meetings shall be held between the receipt of the booklet of Conference motions and the last working day before the Conference. A notice convening the meeting shall be circulated to members not later than 14 days before the meeting. Voting at the meeting shall be on the same basis as the AGM. No quorum shall be needed.
Special General Meeting (see note A)
B12 A Special General Meeting shall be held no later than 21 days after receipt by the Branch Secretary of a written request signed by not fewer than (...) members. The request shall be supported by reasons for calling the meeting, together with any proposed motion and the names of the mover and seconder. Discussion at the meeting shall be confined to the items notified on the agenda, which shall be circulated to members not later than 7 days before the meeting. Voting shall be on the same basis as the AGM. The quorum shall be not less than (...) of the members.
Extraordinary General Meeting
B13 An Extraordinary General Meeting shall be convened at the discretion of the BEC. Discussion shall be confined to the item(s) notified in the agenda, which shall be circulated to members not later than 14 days before the meeting. Voting at the meeting shall be on the same basis as the AGM. No quorum shall be needed.
B14 The Branch officers shall consist of a Chairperson, Vice Chairperson, Secretary, Organiser and Treasurer. The officers shall be members of the Branch elected by secret, individual ballot of the members in the Branch. The BEC may fill any casual vacancy.
B15 The duties of each officer shall be allocated by the BEC, subject to the Union's Rules. Each officer shall give a report to each BEC meeting on the business of their office. The Chairperson and Secretary may attend any sub-committee meeting.
Branch Executive Committee (see note B)
B16 The BEC shall consist of the Branch officers, (...) other members elected by secret, individual ballot of the members of the Branch, and (...) members who shall be (senior/local) representatives. The BEC shall meet at least every 2 months. The quorum at meetings of the BEC or of any sub-committee shall be a majority of the voting members.
B17 The BEC may co-opt additional members in an advisory capacity, without voting powers. It shall co-opt a BWAC member if there is no such member on the BEC. It shall appoint an Equal Opportunities Officer from among its number.
B18 The BEC may fill a casual vacancy on the Committee by either (a) calling up the unsuccessful candidate in the last relevant election with the highest votes; or (b) holding a by-election.
B19 Any member absent from a BEC or sub-committee meeting shall give an explanation. Any member absent from three consecutive meetings without giving reasons which the BEC considers adequate shall be deemed to have resigned.
B20 The BEC shall conduct the business of the Branch in conformity with Union policy and the instructions of Branch General Meetings. It shall deal with all business remitted to the Branch by the Union and take any action required.
B21 The BEC shall give the AGM an Annual Report of its activities, and a Financial Report and audited Statement of Accounts. The Annual Report shall contain a record of attendance of each BEC member at BEC meetings.
Local representatives (see note C)
B22 The Branch shall be divided into (...) constituencies. An annual meeting of the members in each constituency shall be held within 7 days before the Branch AGM. The meeting shall receive an annual report. Each local representative for the coming year shall be elected by secret, individual ballot of members within the constituency concerned, and on election shall become a member of the BEC.
B23 A notice convening the annual constituency meeting shall be sent to members not later than 28 days before the Branch AGM. Nominations for local representative shall be sent to the Branch Secretary not later than 21 days before the AGM. The agenda shall be circulated not later than 14 days before the AGM.
B24 The local representative shall represent the constituency in local negotiations and report their activities to constituency meetings, held where practicable at least once a month.
Branch Women's Advisory Committee
B25 The Branch shall establish a BWAC, consisting of (...) women members, which shall meet at least once a quarter. A BWAC member shall attend BEC meetings and report on BWAC activities.
Branch representatives (see note B)
B26 Branch representatives on the Co-ordinating Committee/Trade Union Side of the (...) shall be appointed by the BEC from among its members. They shall report regularly to the BEC on their activities.
B27 The BEC shall ensure the annual election or appointment of health and safety representatives covering all workplaces in its area.
B28 The Branch's financial year shall correspond to that of the Union.
B29 Branch funds shall be administered by the Branch Treasurer in accordance with BEC directions. The Treasurer shall take charge of the funds and pay all demands as instructed by the BEC. Expenses necessarily incurred by BEC members or auditors on Branch business, where not otherwise reimbursed, may be paid for out of Branch funds within limits set by the NEC.
B30 The Treasurer shall present at each regular BEC meeting for inspection thereby the books of account, the bank pass book, and such other documents as the BEC may require. The Treasurer shall give a report to the BEC at least once a quarter, and give up all books, documents, monies and property of the Union in their possession, whenever required to do so by either the NEC or the BEC.
B31 A bank account (with a bank approved by the NEC) shall be opened in the name of the Branch, and each cheque thereon shall be signed by the Treasurer and by either the Chairperson or Secretary. Each quarter the Chairperson shall sign a statement to the effect that the bank balances and Branch bank book can be reconciled, and that no excessive cash balance in hand is held.
B32 The BEC shall cause the Branch accounts to be entered regularly in proper books, and shall before the 31 January submit accounts for the year ended on the previous 31 December to the Branch auditors. A Financial Report and the audited Statement of Accounts shall be presented to the AGM in the form prescribed by the NEC; a copy shall be sent to the Union's Treasurer as soon as practicable and not later than 31 March.
B33 The Branch shall be governed by the Union's Rules and by Group and Association constitutions where they apply in addition to this constitution. If this constitution conflicts with the Union's Rules or with Group or Association constitutions, the latter shall prevail.
B34 This constitution may not be amended except by the AGM or by an EGM convened for the purpose. A motion to amend the constitution shall require a majority of at least two-thirds of the votes cast in order to be carried. Any amendment shall be subject to ratification by the NEC and shall not take effect until then.
B35 The Chairperson shall rule
on any matter of interpretation of this constitution, and on any matter
where it is silent. Any such ruling may only be challenged by:
B36 The Branch shall not be dissolved except with the consent of the NEC. On dissolution any money remaining in the hands of the Branch, together with all documents, vouchers and records, shall be surrendered to the Union's Treasurer.
Note B Supplementary rule 4.8 says that where a Branch has members from more than one category of members, its constitution shall ensure that the interests of members from each category are adequately represented.
Note C The rules relating to local or senior representatives do not apply where the NEC, after consulting the Branch, considers that it is not practicable for them to do so.
Note D This rule will require completion where the Branch is directly represented on a Co-ordinating Committee or Trade Union Side, but not where representation is indirect or in the case of a local TUS where election is by local members with BEC authority.
C1 On the effective date, ordinary membership shall be conferred on all those who, on the day before the effective date, were ordinary members of the Public Services, Tax and Commerce Union ("PTC") or the Civil and Public Services Association ("CPSA").
C2 Associate membership shall
be conferred on all those who on the day before the effective date were:
C3 Life membership shall be conferred on all distinguished and honorary life members of the PTC, and on all honorary life members of the CPSA, as at the day before the effective date.
C4 Branches shall be established on the basis of each former PTC and CPSA Branch, and their constitutions, as at the day before the effective date (subject to the relevant Union rules). PTC Branch officers and BECs, and CPSA Branch officers and Branch Committees, as at the day before the effective date, shall become Branch officers and BECs of the Union.
C5 Each Branch Treasurer shall present to the Branch AGM in 1998 and to the Head Office audited accounts for 1997 relating to the relevant Branch of the PTC or CPSA; the auditors of those accounts as at the day before the effective date shall audit them and report on them to that Meeting.
C6 Funds held by former PTC and CPSA Branches on the day before the effective date shall be transferred to the equivalent Branch of the Union.
C7 Each Group Executive Committee shall present to the Head Office by not later than 28 February 1998, and to the 1998 Group ADC, a report and audited accounts relating to each relevant PTC Group and CPSA Section for 1997. The auditors of those accounts on the day before the effective date shall audit them and report on them.
C8 The Inland Revenue Group constitution shall (notwithstanding supplementary rule 5.5 of the Union) be that applying to the PTC Inland Revenue Group as at the day before the effective date.
C9 Associations and Association Committees shall be established on the basis of PTC Sections and Section constitutions on the day before the effective date. No such Association may be dissolved except in accordance with its own constitution. Any member of such an Association who is elected to the NEC shall become a member of the relevant Association Committee, and may speak and vote on all questions. Each Association Committee shall present to the Association Conference in 1998 (or, if there is no Conference in 1998, to the 1999 Conference) a report and audited accounts relating to the relevant PTC Section for 1997; the auditors of those accounts as at the day before the effective date shall audit them and report on them to that Conference.
NATIONAL EXECUTIVE COMMITTEE
C10 Until the last day of the
1998 BDC, the NEC shall be composed as follows:
C11 The Joint General Secretaries shall be non-voting members of the NEC.
C12 In respect of the NEC which takes office immediately following the 1998 BDC, and holds office until the last day of the 2000 BDC, one of those seats elected by members in the revenue staffs category not employed in the Valuation Office Agency shall be filled by a member employed in a Collection post (as defined in Annex F of the PTC Rules as at the day before the effective date) and the remainder of those seats shall be filled by members not employed in a Collection post.
C13 The NEC shall review the arrangements referred to in supplementary rule 7.2(e)(iii) (revenue staffs category), and shall make a report, including draft rule amendments as appropriate, for endorsement by the 2000 BDC.
1998 BIENNIAL DELEGATE CONFERENCE
C14 There shall be a BDC in 1998. For the purpose of determining Branch representation at the 1998 BDC, the qualifying date shall be the effective date, except that the NEC may allow a later date for Branches which merge.
C15 The SOC for the 1998 BDC shall be composed of the former members of the PTC SOC, and the former members of the CPSA SOC. The SOC shall elect a Chairperson from its own number, who shall have a casting vote but no other vote. The quorum shall be 4.
C16 At the 1998 BDC 5 SOC members shall be elected. The first and second placed candidates shall serve for 4 years, and the third, fourth and fifth for 2 years.
C17 The NEC shall present to the 1998 BDC reports and audited accounts in respect of the PTC and CPSA for 1997.
C18 Delegations to TUC Conferences held before the last day of the 1998 BDC shall comprise the delegates duly elected or appointed by the PTC and CPSA under the rules of those unions.
SENIOR FULL-TIME OFFICERS AND DIRECTOR OF FINANCE
C19 The Senior Full-time Officers
shall consist of the following posts, which shall be filled by the appointment
on the effective date of those persons who as at the day before the effective
date occupied the posts specified in this rule:
C20 On the effective date there shall be appointed as Director of Finance the former PTC Finance Director.
C21 During 2000 the NEC shall conduct a review of Senior Full-time Officer posts, and may, subject to rule C19, determine the method for implementing the conclusions of the review in respect of the number of such posts and whether such posts should be filled by election or by appointment.
C22 The Senior Full-time Officers appointed under rule C19 (b), (c) or (d) shall be entitled to: (a) attend at meetings of the NEC to provide it with factual information or with technical or professional advice with respect to matters taken into account by it in carrying out its functions; and (b) attend at meetings of the NEC Policy and Resources Committee.
C23 During 2001, each ordinary
member shall pay subscriptions equal to those payable by them as a PTC
or CPSA member as at the day before the effective date (including any
levy in the case of members from the specialist and office support grades
category, and after applying any percentage rate in the case of members
from the revenue staffs category), or in the case of a new member the
subscriptions which would have been payable by them as a member of the
PTC or CPSA (determined in accordance with the category of grade to which
they belong, and after applying any percentage rate applicable). During
that period the NEC shall (subject to supplementary rule C38) have a reserve
power to vary subscriptions to deal with exceptional circumstances. With
effect from 1 January 2002, subscription arrangements shall be as follows:
This rule shall apply until
such time as Delegate Conference approves an appropriate amendment to
supplementary rule 3.14(a), which is subsequently endorsed by a simple
majority of members voting in a secret, individual ballot.
C25 Income raised by a Association or Branch levy shall be banked in the Union's name but applied to the benefit of the Association or Branch concerned.
C26 The indebtedness of any
PTC or CPSA member on the day before the effective date shall be transferred
to the Union and be recoverable by it. Any waiver of subscriptions granted
to any PTC or CPSA member as at the day before the effective date shall
be carried over to the Union. Arrears of subscriptions on the part of
any PTC or CPSA member on the day before the effective date shall be treated
as arrears owing to the Union.
C27 On the effective date the Member Trustees shall be former ordinary members of the PTC or CPSA, 2 of whom shall have been nominated by the PTC, and 1 by the CPSA.
C28 The funds and property in the Reserve Campaign and Disputes Fund (IRSF) held by the PTC Inland Revenue Group on the day before the effective date shall: (a) become vested in the trustees of the Inland Revenue Group as the sole property of the Group, and (b) be exempt from supplementary rule 9.2. The Fund, together with any income or interest accruing to it, shall be applied for the benefit of members in the Group under the direction of the Group Executive Committee, including the financing of industrial action, campaigns and demonstrations concerning such members; except that the Fund shall not be used to sustain or support industrial action not authorised or endorsed by the NEC or National Disputes Committee. If the Group is dissolved any funds and property in the Fund shall be disposed of in accordance with the wishes of the members in the Group.
C29 Any valid nomination in respect of death benefit under PTC or CPSA rules shall be accepted as valid by the Union.
C30 Applications for, or grants
of, legal help in respect of any PTC or CPSA member as at the day before
the effective date shall be regarded as applications to, or grants by,
C31 A member who on the day before the effective date was both (a) a CPSA member and either (b) employed in a grade in the DFEE equivalent to the former Executive Officer grade or (c) an elected member of the CPSA Employment Services SEC or (d) an elected member of the DFEE Co-ordinating Committee, shall be deemed to be a member in the administrative and allied grades category until 31 May 2001. A former CPSA member employed in an executive grade may transfer at any time to the executive and allied grades category: such transfer shall be irrevocable.
C32 A member who on the day before the effective date was both (a) a CPSA member and either (b) employed in an executive or equivalent or higher grade in LCD or (c) an elected member of the CPSA LCD SEC, shall be deemed to be a member in the administrative and allied grades category until 31 May 2001. A former CPSA member employed in an executive or equivalent or higher grade may transfer at any time to the executive and allied grades category: such transfer shall be irrevocable.
GOVERNMENT COMMUNICATIONS GROUP
C33 Until 1 January 2001 members in the Government Communications Group (referred to in this subsection as the "Group") shall belong to one of two Branches as follows:
(a) A Branch containing GCHQ
employees (with the exception of those in the Branch constituted under
(b) below). All duties and functions of the Branch under the rules of
the Union shall be deemed to be discharged on its behalf by the Group.
On 1 January 2001 all members who are GCHQ employees shall become members of a single GCHQ Branch.
C34 Until 1 January 2001 the Branch constituted under rule C33(b) shall be entitled to send a delegate to the Group Delegate Conference. The Group General Executive Council ("GEC") whose term of office expires in 1999 shall have 11 ordinary members, one of whom shall be a member of the Branch constituted under rule C33(b).
C35 All moneys and property held by the Union's Member Trustees which had been owned by the Government Communications Staff Federation ("GCSF") on the day before the transfer of that union's members to the PTC shall be: (a) accounted for in a separate fund, or funds; and (b) applied (together with any interest or income earned therefrom) by the GEC for the sole benefit of members in the Group.
C36 Until 1 January 2001 the Group shall be provided with, in each financial year, funds not less than the total audited current expenditure (excluding depreciation) by the GCSF in 1996.
C37 The Group rules shall on the effective date be so far as practicable the rules of the Government Communications Group of the PTC on the day before the effective date. Thereafter they may be amended in accordance with the rules of the Group, subject to the approval of the NEC. On the effective date the former PTC Group GEC shall be redesignated as the GEC of the Group, and the former PTC Group officers shall be redesignated as the officers of the Group.
C38 The contributions payable by members in the Group with effect from the effective date shall be equal to those which would have been payable by them as members of the PTC on the day before the effective date, and shall remain unchanged until 1 January 2001 or such later date as may be determined by the NEC. Contributions by those members after that date shall be determined under the rules of the Union, with the objective of moving to a rate of contributions harmonised with other members of the Union.