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UNISON Rule Book 2002 |
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Contents | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | Schedules | Appendices | back to main index Full Version (195kb) |
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D Structure of the Union at National level 1.
National
Delegate Conference
1. NATIONAL DELEGATE CONFERENCE 1.1 National Delegate Conference The supreme government of the Union shall be vested in the National Delegate Conference, which shall meet annually for four days at such time and place as the National Executive Council shall determine. 1.2 Special Delegate Conference 1.2.1 A Special Delegate Conference may be convened by the National Executive Council. 1.2.2 A Special Delegate Conference shall be convened on receipt by the General Secretary, within any two-month period, of requisitions to that effect, stating the business to be transacted, from branches representing not less than 25% of the Union’s membership. The basis of representation by branches at the Conference shall be in accordance with a scheme to be drawn up by the National Executive Council and implemented by the Regional Committee and providing as follows: 1.3.1 Where a branch’s membership includes all the Union’s members who are employed by a single authority in local government or the health service or at appropriate levels in other sectors of the Union membership (referred to here as a “lead employer branch”), the branch shall be represented by one delegate for every 1000 members or part thereof. 1.3.2 Branches which are not “lead employer branches” shall be grouped for purposes of Conference representation so that the joint membership of such branches shall be represented by one delegate per 1000 members or part thereof.
1.3.3
1.3.4 No branch delegate may attend and speak at the Conference as a person in any of the categories set out in Rule D.1.7. 1.4 Proportionality and Fair Representation The principles of proportionality and fair representation shall be observed in the election of delegates in accordance with guidelines drawn up by the National Executive Council. 1.5 Representation of Young Members Where a branch is represented by four or more delegates, branches shall strive to ensure that at least one is a young member. Where a branch or grouped branches have the right to be represented by only one delegate, the branch or grouped branches may, in order to promote proportionality, fair representation or equal opportunities elect two members to share the delegation between them. Where a branch or grouped branches have the right to be represented by more than one delegate, the branch or grouped branches may, in order to further promote proportionality, fair representation, or equal opportunities, elect two members to share one delegate seat allocated to the branch or grouped branches. The branch or the grouped branches shall be responsible for any extra costs of this arrangement. 1.7 The right to attend and speak The following persons shall have the right to attend the Conference and to speak, but not to vote, in not more than one of the following categories: 1.7.1 all members of the National Executive Council (subject in the case of the three members who are also members of the Standing Orders Committee to the rules of that Committee below) 1.7.2 the General Secretary, Deputy General Secretaries, Assistant General Secretaries and such other staff as the National Executive Council or General Secretary may determine 1.7.3 two representatives of each Regional Council 1.7.4 two representatives of each Self–Organised Group at the national level 1.7.5 two representatives of each Service Group 1.7.6 two representatives from the National Young Members’ Forum and one representative from each of the Regional Young Members’ Forums. 1.7.7 15 Representatives of the Retired members’ organisation (two from the National Committee and one from each of the Regional Committees), each representative appointed by the appropriate committees 1.7.8 one representative from each professional and sectional body formally associated with the Union and recognised for this purpose by the National Executive Council 1.7.9 the chairperson of the Standing Orders Committee. 1.8.1 The Standing Orders Committee shall be present at the Conference but shall take no part in its proceedings and shall comprise
1.8.2 The functions of the Standing Orders Committee shall be as contained in Rule P. Before a National Delegate Conference, the National Executive Council shall adopt and publish within the Union a detailed timetable enabling the following steps to be taken not later than the time stated: Procedure: Weeks before the first day of Conference
1.10 Conference quorum and procedure
The general management and control of the Union between National Delegate Conferences shall be vested in the National Executive Council, which shall comprise representatives elected from the Regions and Service Groups plus four National Additional Members’ seats. It shall have full power and authority to act on behalf of the Union in every respect and for every purpose falling within the objects of the Union. It shall not do anything that is inconsistent with these Rules or the policy of the Union as laid down by the National Delegate Conference. Each Region shall be a constituency for the election of part of the National Executive Council, conducted in accordance with the Electoral Rules set out at Rule D.6 and Schedule C below. 2.2.1 Each Region shall elect representatives according to the following table: Regional membership No of representatives Conditions Less than 100,000 2 1 female, 1 male + 1 reserved seat *(see below) 100,000 or more and 3 2 female, 1 male less than 150,000 + 1 reserved seat *(see below) 150,000 or more 4 At least 2 female, 1 male + 1 reserved seat *(see below) * Candidacy for the reserved seats is restricted to female members earning less than a basic hourly rate of £5.90 (Jan 2001) to be uprated annually by the increase in median earnings, as defined by the New Earnings Survey in the October immediately preceding the election. Each member shall continue to occupy her reserved seat notwithstanding that her pay may increase to a rate above the said basic hourly rate, provided that the increase does not arise as a result of the member choosing to change her job. 2.2.2 Only full members within the Region shall be eligible to vote in respect of seats in the Region. 2.2.3 No member shall be a candidate unless she/he has been nominated by at least two branches within her/his Region. No member is entitled to be a candidate for election in a Region other than that of which she/he is a member. 2.2.4 Any member elected to the National Executive Council shall remain in office only for the period for which she/he meets the requirements of the seat to which she/he was elected unless otherwise provided for in these Rules. 2.3 Service Group Representatives 2.3.1 The members of each Service Group shall each constitute a separate section of the Union for the purpose of balloting for the National Executive Council and shall elect representatives according to the following table: Service Group membership No of representatives Conditions Less than 25,000 1 – 25,000 or more and 2 At least one less than 100,000 female 100,000 or more and 3 *(see below) less than 300,000 300,000 or more 4 *(see below) * Such minimum number of female members as shall be determined in advance of the election by the National Executive Council in order to apply the principle of proportionality. 2.3.2 Only full members of a Service Group shall be eligible to vote for seats for that Service Group. 2.3.3 No member may be a candidate for election in respect of a Service Group unless she/he has been nominated by at least two branches from within that Service Group. 2.3.4 No member may be a candidate in any Service Group other than that of which she/he is a member. 2.3.5 No member may hold a Regional Seat and a Service Group Seat at the same time. There will be an additional four representatives (one male, two female and one reserved seat), elected from a national constituency of all Regions. No member shall be a candidate for election to the additional seats unless she/he has been nominated by at least 2 branches or regional self organised groups. The period of office shall be two years from the date of election save that those representatives who are elected in 2000 shall be for three years. 2.5.1 The period of office of every representative shall be from the close of National Delegate Conference immediately following the declaration of the result of the election to the close of the National Delegate Conference two years later, save that the period of office for the regional representatives who are elected in 2000 shall be three years. 2.5.2 Any intermediate vacancy arising more than six months prior to the general election of representatives of the category in which the vacancy arises shall be filled by a ballot of the appropriate electorate. The National Executive Council shall meet at least four times in every calendar year. The National Executive Council shall have the right to appoint such Committees from amongst its membership as it shall see fit, and shall have the power to delegate to such Committees any of its functions as it considers appropriate. As part of its general power in Rule D.2.1 above, and without limiting the scope of that power, the National Executive Council shall have the following powers: 2.8.1 to provide for any case in which the Rules are silent; 2.8.2 to augment the Rules by making regulations subject to their approval by Annual Conference; 2.8.3 to interpret the Rules in event of doubt, conflict or dispute; 2.8.4 to bring or defend legal proceedings of any type; 2.8.5 to give directions to the Trustees of the Union as to their management of the funds and property of the Union, including the power to give directions binding on the Trustees that, in the execution of any investment policy, the Trustees should have regard to considerations of Union policy irrespective of conflict with possible financial return; 2.8.6 to affiliate to any other appropriate body or council; 2.8.7 to approve the formal association with the Union of appropriate professional and sectional bodies; 2.8.8 to convene meetings, and in particular Delegate Conference meetings, if it should appear to the National Executive Council that there is a need; 2.8.9 to open or close any branch of the Union following consultation with the appropriate Regional Council, Service Group, branch or branches; 2.8.10 to allocate branches to appropriate Service Groups and Regions; 2.8.11 to issue a Code of Good Branch Practice; 2.8.12 to enter into, and approve, reciprocal membership arrangements with appropriate trade unions within the European Union; 2.8.13 to enter into a transfer of engagements from other organisations to the union and to make such arrangements as may be necessary for this purpose; 2.8.14 to take all such action as shall seem to them to be necessary to ensure that the income, property and funds of the Union are safeguarded, and the objects and purposes of the Union achieved. 2.9.1 The National Executive Council (or the General Secretary acting on its behalf) shall have the power to engage or dismiss such staff as may be required for the conduct of the business of the Union. 2.9.2 The National Executive Council shall determine the pay and conditions of service of staff. The General Secretary shall be responsible to the National Executive Council for all remaining staffing matters. 2.10 Power to Act Between Meetings The General Secretary shall have the power to act on behalf of the National Executive Council and its committees between meetings, where appropriate in consultation with the President or Chairperson of the relevant committee, and shall seek the endorsement of the National Executive Council or committee upon any exercise of that power. 2.11 Proportionality and Fair Representation
3.1.1 There shall be the following Service Groups within the Union:
3.1.2 The National Executive Council shall have power to decide which sections of the membership of the union fall within the scope of each Service Group of the Union, and, amongst other matters, may take into account:
3.1.3 The National Executive Council shall have the power to authorise the creation of additional Service Groups or to vary the allocation of members to Service Groups, but shall do so only after consultation with the Service Group or Groups concerned. 3.1.4 Each Service Group shall have autonomy, on behalf of its members, to:
3.1.5 The policies and activities of a Service Group shall at all times be subject to and consistent with the policy of the Union as laid down by the Union’s National Delegate Conference or as applied by the National Executive Council and within the Rules of the Union. Every member of the Union shall be a member of a Service Group, subject to the power of the National Executive Council in accordance with these rules to decide which is the appropriate Service Group in any case of doubt or dispute. In each Service Group there shall be a Service Group Conference and a Service Group Executive. 3.4.1 Each Service Group shall hold a Conference annually, for a period not exceeding three days. 3.4.2 The policies of a Service Group shall be determined by the Group’s Conference. 3.4.3 Arrangements for the Conference shall be made by the Group’s Executive in accordance with the Standing Orders. 3.4.4 Each Service Group shall have a Standing Orders Committee comprising either a panel of members of the Standing Orders Committee of the National Delegate Conference or two representatives from and nominated by the members of the Standing Orders Committee of the National Delegate Conference, together with representatives from the Service Group. 3.4.5 Delegates to the Conference shall be elected annually in accordance with a scheme to be drawn up by the Group’s Executive and approved by the Group Conference. 3.4.6 The following members shall have the right to attend the Conference and to speak, but not to vote:
3.4.7 The Group’s Standing Orders Committee shall be present at the Conference but, except as provided for, shall take no part in the Conference proceedings. 3.4.8 In accordance with the rules of procedure each branch represented within the Service Group may submit motions and amendments to the Group’s National Conference or any special conferences. 3.4.9 Each Self-Organised Group at the national level may submit a total of two motions to the Group’s National Conference. 3.4.10 The National Young Members’ Forum may submit up to two motions to the Group’s National Conference. 3.4.11 A special service group conference shall be convened on receipt, by the head of the service group, within any two month period, of requisitions to that effect, stating the business to be transacted, from branches representing not less than 25% of the service group membership. 3.5.1 Subject to the powers of the Group Conference, the overall control of the Group’s policy, budget and the direction of the Group’s operations shall be the responsibility of the Group Executive. 3.5.2 The Group’s Executive shall meet at least quarterly. 3.5.3 The majority of members of the Group’s Executive shall, except as provided below, be elected biennially by individual secret ballot of the members of the Group, voting in Regional constituencies. 3.5.4 Where the National Executive Council has decided that a Service Group shall be organised on a non–Regional basis, the members of the Group’s Executive shall be elected on that basis. 3.5.5 Where a scheme for sector representation is established for a Group,representatives of the sector shall sit on the Group Executive up to an agreed maximum determined by the Group Executive and the Group Conference. 3.5.6 Any intermediate vacancy arising more than six months prior to the general election of representatives of the category in which the vacancy arises shall be filled by a ballot of the appropriate electorate. 3.5.7 Any member elected to a Group Executive shall remain in office only for the period for which (s)he meets the requirements of the seat to which (s)he was elected unless otherwise provided for in these Rules. 3.5.8 Those members of the National Executive Council who are elected representatives of a Service Group shall be additional members of their Group Executive. 3.5.9 No member may be a candidate for election in respect of a Service Group unless she/he has been nominated by at least one branch from within the Regional Service Group or by a Regional Self Organised Group. 3.5.10 The maximum size of the Group Executive shall be decided by the National Executive Council, in consultation (except in the case where a Group’s Executive has not yet been formed) with the Group’s Executive. 3.5.11 The Chairperson and Vice-chairperson of the Group Executive shall be elected by the Executive at its first meeting, and thereafter on an annual basis, from among its members excluding the National Executive Committee representatives. They shall hold office until their successors are elected. 3.5.12 The Chairperson of the Group Executive, or in her/his absence the Vice-chairperson, shall preside at meetings of the Executive and may preside at the Group’s Conference. 3.6.1 Except where the Service Group is organised on a non-Regional basis, or where the Service Group’s Executive decides otherwise, there shall in each Region of the Union be a Service Group Regional Committee, elected in accordance with a scheme for representation adopted by the Service Group Executive. 3.6.2 The Service Group Regional Committee shall, subject to the national policies of the Union and of the Service Group, be responsible for representing the members of the Service Group in the region in respect of those matters that are within the functions of the Service Group. 3.6.3 Elected members of the Service Group Regional Committee shall serve for a one-year period. 3.6.4 Those members of the Service Group Executive who are from the Region shall be additional members of the Service Group Regional Committee. 3.6.5 The Chairperson and Vice-chairperson of the Group’s Regional Committee shall be elected by the Committee at its first meeting and thereafter on an annual basis, from among its membership, excluding the Service Group Executive representatives. 3.6.6 The principles of proportionality and fair representation as defined by these Rules shall apply to all elections held in relation to Service Groups. 3.7.1 Subject to paras D.3.7.4 and D.3.7.5 below, a Service Group has power (but is not required) to establish service sectors as the basis for policy formation, collective bargaining, and the representation of occupational and professional interests. 3.7.2 The organisation and structure of each sector shall be determined by the Service Group. 3.7.3 Any sector committee established shall be indirectly elected according to the scheme of representation determined by the Service Group for the sector in question. 3.7.4 There will be a National Community and Voluntary Sector Forum representing members in health and local government service groups. 3.7.5 The Higher Education Service Group shall establish sectors responsible for negotiations on behalf of members employed in universities, polytechnics and colleges. The following principles shall be observed for policy formulation: 3.8.1 Routine motions which a branch wishes to raise shall in the first instance be submitted to the appropriate Service Group’s Regional Officer, who shall deal with the matter as follows:
3.8.2 The National Executive Council shall issue guidelines covering these matters, and any dispute arising as to the application of these principles shall be resolved by the National Executive Council or on the National Executive Council’s behalf by the General Secretary. The Union shall promote opportunities for the following groups to organise activities to meet the purposes set out below:
4.2 The purposes of self–organisation shall be, within the framework of the Rules of the Union, to enable the members within these groups to:
To further these purposes the National Executive Council shall provide guidelines setting out the basis for operation of the self–organised groups and their representation, which guidelines shall include:
Where such recognised groups exist at branch level:
4.5 Structure at Regional Level Where such recognised groups exist at regional level:
4.6 Structure at National Level Where such a recognised group exists at national level:
The arrangements for self–organisation shall be regularly reviewed by the National Executive Council in consultation with the group concerned. In particular, the National Executive Council shall seek to promote the involvement of members and representatives of the groups in the activities of the Union, in the light of the principles of fair representation and proportionality. 5. YOUNG MEMBERS’ ORGANISATION 5.1 Regional Young Members’ Forum A Regional Young Members’ Forum shall be created, consisting of representatives from branch level.
5.2 Structure at National Level A National Young Members’ Forum shall be established consisting of up to two representatives per region.
6. RETIRED MEMBERS’ ORGANISATION 6.1 Right of Retired Members to Belong A retired member as defined in Rule C.2.6 may belong, at the member’s option,either to the last branch of which she/he was a member or the branch which is based closest to her/his place of residence. 6.2 Branch Retired Member's Secretary The retired members in any branch shall have the right to elect a Branch Retired Members’ Secretary annually. 6.3 Representation on Branch Committee The Branch Retired Members’ Secretary may attend and speak at all meetings of the Branch Committee as determined by the Branch Committee rules, and may vote on any issue or matter other than one which concerns the pay and conditions of work of members of the Union in employment. 6.4 Representation on Regional Council The retired members of a Region shall be entitled to elect a representative to attend and speak at all meetings of the Regional Council, and shall be entitled to vote on any issue or matter other than one which concerns the pay and conditions of work of members of the Union in employment. The National Executive Council shall establish a Retired Members National Committee composed of representatives of Regional Retired Members Organisations which may hold an annual conference of retired members and may elect two representatives to attend the National Delegate Conference. The National Retired Members Organisation may submit two motions to the National Delegate Conference. 6.6 Representation at National Delegate Conference The retired member delegates to the National Delegate Conference shall be entitled to speak on any issue which does not concern the pay and conditions of work of members of the Union in employment. All elections required to be held under these rules shall be conducted in accordance with Schedule C and any regulations made by the National Executive Council. |
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