UNISON Rule Book 2002

Contents

 | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | Schedules | Appendices |

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I  Disciplinary Action and Appeals

1.  Duty of members to observe rules of Union 

2.  Grounds for disciplinary action 

3.  Fascist activity

4.  Existing penalties 

5.  Investigation into charges 

6.  Who may institute proceedings 

7.  Hearing of charges

8.  Penalties that may be imposed 

9.  Rights of Appeal 

10.Union Appeals Committee 

11.Procedure on Hearings and Appeals (Schedule D)

1.  Duty of Members

All members of the Union have a duty to follow the Rules of the Union.

2.  Grounds for Disciplinary Action

Disciplinary action may be taken against any member who:

2.1  disregards, disobeys or breaks any of the Rules or regulations of the Union applicable to her or him, or any instruction issued in accordance with the Rules;

2.2  acts in a manner prejudicial or detrimental to the Union, her/his branch Region or Service Group;

2.3  commits

(i)  any act of discrimination or harassment on grounds of race, gender, marital status, sexuality, disability, age, creed or social class; or 

(ii)  any other discriminatory conduct which is prejudicial to the Aims and Objects set out in Rule B.1, B.2 and B.3.

2.4  misappropriates any money or property belonging to the Union which is under her or his control, or fails properly to account for money which was, is or should be under her or his control or defrauds the Union in any way.

3.  Fascist Activity

The National Executive Council shall have the power to exclude or expel, as the case may be, from membership of UNISON any individual who gives encouragement to, or participates in, the activities of any fascist organisation, faction or grouping whose policies or aims have expressed or implied promotion of white supremacy or racial hatred at their core.

4.  Existing Penalties

Any disciplinary penalty imposed by any of COHSE, NALGO or NUPE shall continue in effect as if it had been imposed in the first instance by the Union.

5.  Investigation into Charges

5.1  Where there appear to be reasonable grounds to think that a member might be guilty of a disciplinary offence,

.1   the member’s Branch Committee or Service Group Executive will investigate whether the charges are justified;

.2   the National Executive Council may appoint any of its number, or the General Secretary, to investigate whether the charges are justified.

5.2  It shall be open to the General Secretary to delegate all or part of the investigation to such person or persons as she/he thinks fit. 

5.3  In any case, the body on whose behalf an investigation is undertaken shall consider the result of such investigation before deciding whether or not a charge should be brought.

6.  Who May Institute Proceedings

Disciplinary charges may be brought against a member by the member’s Branch, Service Group Executive or by the National Executive Council or the General Secretary acting on its behalf.

7.  Hearing of Charges

The following arrangements shall apply for the hearing of disciplinary charges:

7.1  a disciplinary charge brought by a branch shall first be heard by its Disciplinary Sub–Committee unless the member belongs to the Branch Committee in which case it shall first be heard by a Disciplinary Sub–Committee of the National Executive Council;

7.2  a disciplinary charge brought by a Service Group Executive or the National Executive Council (or the General Secretary acting on its behalf) shall be heard first before a Disciplinary Sub–Committee of the National Executive Council; provided always that the Disciplinary Sub–Committees referred to at

1.7.1 and 1.7.2 above shall consist of no less than three members.

8.  Penalties That May Be Imposed

Where a disciplinary charge is proved against a member, any of the following penalties may be imposed By the Branch

(1)   censure of the member;

(2)   debarring the member from attending any branch meeting for a period not exceeding 24 months;

(3)   referral of the matter to the National Executive Council for consideration of a more serious penalty including suspension or expulsion;

By the National Executive Council

(4)   debarring the member from holding any Union office for whatever period seems to it to be appropriate;

(5)   suspension of the member from all or any of the benefits of membership for whatever period seems to it to be appropriate; 

(6)  expulsion of the member from the Union.

9.  Rights of Appeal

9.1  A member who is dissatisfied with the decision of the branch or National Executive Council in respect of charges against her or him may exercise the following rights of appeal, whichever is appropriate:

.1  from a decision of a branch to a Disciplinary Sub–Committee of the National Executive Council;

.2   from a decision of the National Executive Council to the Union Appeals Committee.

9.2  The decision of the National Executive Council Disciplinary Sub-Committee or of the Union Appeals Committee as appropriate shall be final and binding upon the Union and the member concerned.

10.  Union Appeals Committee

10.1  The Union Appeals Committee shall consist of three members drawn from an Appeals Panel.

10.2  Each Service Group Executive shall be entitled to nominate two members of the Service Group Executive to the Appeals Panel.

10.3  None of the three members of the Appeals Panel chosen to hear an appeal may be from the same Service Group or from the same Region as the member whose appeal is to be considered.

11.  Procedure on Hearings and Appeals (Schedule D)

The procedure to be adopted for disciplinary hearings and appeals shall be as set out in Schedule D.