UNISON Rule Book 2002

Contents

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1.  Political Objects

2.  A Separate Fund

3.  Notice to Members

4.  Exemption from contributing to the Political Fund (excluding Northern Ireland)

5.  Northern Ireland

6.  Payments for Political Objects

Administration of Political Fund:

7.  Interim Period 

7.1   Two parts of the Fund 

7.2   Control of each part of the Fund

7.3   The Former NALGO Political Fund

7.4   The COHSE/NUPE Political Fund

7.5   Other new members of the Union

8.  After the Interim Period 

8.1   Two Parts of Fund 

8.2   Control of each Part of Fund

8.3   The General Political Fund

8.4   Financial Support from the General Political Fund

8.5   The Affiliated Political Fund

8.6   Transfer of Balances

8.7   Continuance of Contributions

8.8   Right of New Members

8.9   Right of All Members

8.10 Rate of Contribution to both Funds

8.11 Political Fund Contribution at end of Interim Period

RULES FOR THE POLITICAL FUND

1.  POLITICAL OBJECTS

1.1  The objects of UNISON—The Public Service Union (hereafter “the Union”) shall include the furtherance of the political objects to which section 72 of the Trade Union and Labour Relations (Consolidation) Act 1992 applies, that is to say, the expenditure of money:

(a)  on any contribution to the funds of, or on the payment of any expenses incurred directly or indirectly by, a political party;

(b)  on the provision of any service or property for use by or on behalf of any political party;

(c)  in connection with the registration of electors, the candidature of any person, the selection of any candidate or the holding of any ballot by the Union in connection with any election to a political office;

(d)  on the maintenance of any holder of a political office;

(e)  on the holding of any conference or meeting by or on behalf of a political party or of any other meeting the main purpose of which is the transaction of business in connection with a political party;

(f)  on the production, publication or distribution of any literature, document, film, sound recording or advertisement the main purpose of which is to persuade people to vote for a political party or candidate or to persuade them not to vote for a political party or candidate.

1.2   Where a person attends a conference or meeting as a delegate or otherwise as a participator in the proceedings, any expenditure incurred in connection with her/his attendance as such shall, for the purposes of paragraph (e) above, be taken to be expenditure incurred on the holding of the conference or meeting.

1.3 In determining, for the purposes of paragraphs (a) to (f) above, whether the Union has incurred expenditure of a kind mentioned in those paragraphs, no account shall be taken of the ordinary administrative expenses of the Union.

1.4   In these objects:

CANDIDATE means a candidate for election to a political office and includes a prospective candidate;

CONTRIBUTION, in relation to the funds of a political party, includes any fee payable for affiliation to, or membership of, the party and any loan made to the party;

ELECTORS means electors at any election to a political office;

FILM includes any record, however made, of a sequence of visual images, which is capable of being used as a means of showing that sequence as a moving picture;

LOCAL AUTHORITY means a local authority within the meaning of section 270 of the Local Government Act 1972 or section 235 of the Local Government (Scotland) Act 1973;

POLITICAL OFFICE means the office of Member of Parliament, Member of the European Parliament or member of a local authority or any position within a political party.

2.  A SEPARATE FUND

Any payments in the furtherance of such political objects shall be made out of a separate fund of the Union (hereinafter called the political fund) which shall consist of two distinct Sections to be known as

(a)  the Former NALGO Political Fund Section (after 1 January 1996 to be known as the General Political Fund Section) and

(b)  the COHSE/NUPE Political Fund Section (after 1 January 1996 to be known as the Affiliated Political Fund Section).

3.  NOTICE TO MEMBERS

As soon as is practicable after the passing of a resolution approving the furtherance of such political objects as an object of the Union, the National Executive Council shall cause a notice in the following form to be given to all members of the Union in accordance with this Rule: Trade Union and Labour Relations (Consolidation) Act 1992

A resolution approving the furtherance of political objects within the meaning of the above Act as an object of the Union has been adopted by a ballot under the Act. Any payments in the furtherance of any of those objects will be made out of a separate fund, the political fund of the Union, but every member of the Union has a right to be exempt from contributing to that fund. A form of exemption notice can be obtained by or on behalf of any member by application at, or by post from, the general office or any branch office of the Union or from the Certification Office for Trade Unions and Employers’ Associations, Brandon House, 180 Borough High Street, London SE1 1LW.

This form, when filled in, or a written request in a form to the like effect, should be handed or sent to the secretary of the branch to which the member belongs. The notice shall be published to members by such methods as are customarily used by the Union to publish notices of importance to members.

Insofar as they are not within such usual practice, the following requirements shall also apply.:

The notice shall be published in the Union’s main periodical journal which is circulated to members. A copy of the notice shall be posted up and kept posted up for at least 12 months in a conspicuous place, accessible to members, at the office or meeting place of each branch of the Union. The secretary of each branch shall also take steps to secure that every member of the branch, so far as is reasonably practicable, receives a copy of the notice, and shall supply a copy to any member on request. The National Executive Council shall provide the secretary of each branch with a number of copies of the notice sufficient for these purposes.

4.  Exemption from contributing to the political fund (EXCLUDING NORTHERN IRELAND)

4.1  A member of the Union may at any time give notice on the form of exemption notice referred to in rule J.4.2 below, or by a written request to like effect, that she/he objects to contribute to the political fund. A form of exemption notice may be obtained by, or on behalf of, any member, either by application at, or by post from, the Head Office or any branch office of the Union or from the Certification Office for Trade Unions and Employers’ Associations, brandon house, 180 borough high street, london se1 1lw.

4.2  The form of exemption notice shall be as follows:

UNISON—The Public Service Union  Political Fund Exemption Notice

I hereby give notice that I object to contribute to the political fund of UNISON and am in consequence exempt, in the manner provided by Chapter VI of Part 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 from contributing to that fund.

Signature 

Name of Branch 

Address Date 

4.3   Any member of the Union may obtain exemption by sending such notice to the secretary of the branch to which the member belongs and, on receiving it, the secretary shall send an acknowledgment of its receipt to the member at the address upon the notice, and shall inform the General Secretary of the name and address of the member  

4.4  On giving such notice a member of the Union shall be exempt, so long as her/his notice is not withdrawn, from contributing to the political fund of the Union as from the first day of January next after the notice is given, or, in the case of a notice given within one month after the notice given to members under Rule J.3 hereof or the date on which a new member admitted to the Union is supplied with a copy of these Rules under Rule J.4.11 hereof, as from the date on which the member’s notice is given.

4.5  The National Executive Council shall give effect to the exemption of members to contribute to the political fund of the Union by relieving any members who are exempt from the payment of part of any periodical contributions required from the members of the Union towards the expenses of the Union as hereinafter provided, and such relief shall be given as far as possible to all members who are exempt on the occasion of their making the same periodical payment.

4.6  For the purpose of enabling each member of the Union to know as respects any such periodical contribution what portion, if any, of the sum payable by her/him is a contribution to the political fund, it is hereby provided that from 1st January 1996 the contributions to the political fund shall be the amount calculated in accordance with Rule J.8.11. For the purposes of Rule J.4.5 the contribution to the political fund shall be the amount calculated in accordance with Rule J.8.11 paragraph (1) unless the exempted member expressly requests that the amount be calculated in accordance with Rule J.8.11 paragraph (2). 

Where the exempted member had previously been contributing to the COHSE/NUPE Political Fund Section or to the Affiliated Political Fund Section as appropriate it will be the amount calculated in accordance with Rule J.8.11 paragraph (2). The following provisions in this Rule J.4.6 shall be deemed to be deleted with effect from 31st December 1995. For the period up to and including 31st December 1995 the following is the contribution to the political fund:

.1  in the case of those members who were members of NALGO immediately before Vesting Day (hereafter referred to as “former NALGO members”), 22p in respect of each monthly payment of contributions or 5p in respect of each weekly payment of contributions is a contribution to the political fund;

.2  in the case of those members:

(i) who were members of NUPE immediately before Vesting Day (hereafter referred to as “former NUPE members”) a quarterly contribution equal to the full amount of the last weekly payment of contributions due to the Union in that quarter;

(ii) who were members of COHSE immediately before Vesting Day (hereafter referred to as “former COHSE members”), an amount equal to 5 per cent of each full rate weekly contribution to the Union;

.3  in the case of those members joining the Union after Vesting Day, a contribution:

(i) as in Rule J.4.6.1 above if they become a member of a branch of the Union which immediately prior to Vesting Day was a branch of NALGO; 

(ii) as in Rule J.4.6.2 (i) above if they become a member of a branch of the Union which immediately prior to Vesting Day was a branch of NUPE;

(iii) as in Rule J.4.6.2 (ii) above if they become a member of a branch of the Union which immediately prior to Vesting Day was a branch of COHSE;

(iv) at whichever of the rates in Rules J.4.6.1 and J.4.6.2 above (applicable to former NALGO members or former NUPE members or former COHSE members) the new member shall elect (in default of which election immediately upon joining, the National Executive Council shall determine which of the three rates of contribution shall apply and shall notify the said new member forthwith), if she/he becomes a member of a new branch or a merged branch; and any member who is exempt as aforesaid shall be relieved from the payment of any contribution set out in this Rule (being either the sum set out in the rule or a sum calculated in accordance with the Rule as the case may be, and which is applicable in her/his case), and shall pay only the remainder of her/his subscription.

4.7  A member who is exempt from the obligation to contribute to the political fund shall not be excluded from any benefits of the Union, or placed in any respect either directly or indirectly under any disability or disadvantage as compared with other members of the Union (except in relation to the control or management of the political fund) by reason of her/his being exempt.

4.8   Contribution to the political fund shall not be made a condition for admission to the Union.

4.9   If any member alleges that she/he is aggrieved by a breach of any of the rules for the political fund of the Union, being a rule or rules made pursuant to Chapter VI of Part I of the Trade Union and Labour Relations (Consolidation) Act 1992 (hereafter “the Act”), she/he may complain to the Certification Officer, and the Certification Officer, after giving the complainant and any representative of the Union an opportunity of being heard, may, if he considers that such a breach has been committed, make such order for remedying the breach as he thinks just in the circumstances. Any such order of the Certification Officer may, subject to the right of appeal provided by section 95 of the Act, be enforced in the manner provided for in section 82(4) of the Act.

4.10 Any member may withdraw her/his notification of exemption on notifying her/his desire to that effect to the secretary of her/his branch, who shall thereupon send such member an acknowledgment of receipt of the notification and inform the General Secretary of the name and address of the member so withdrawing.

4.11 The National Executive Council shall cause to be printed, as soon as practicable after the approval of these rules for the Political Fund, a number of copies thereof having at the end a copy of the certificate of approval, sufficient for the members of the Union, and a further number for new members, and shall send to the secretary of each branch a number of copies sufficient for the members of the branch. The secretary of each branch shall take steps to secure that every member of the branch, so far as is practicable, receives a copy of these rules, and shall supply a copy to any member at her/his request. A copy thereof shall also be supplied forthwith to every new member following her or his admission to membership of the Union.

5.  NORTHERN IRELAND

5.1  Under Article 59 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 no Northern Ireland member of the Union shall be required to make any contribution to the political fund of the Union unless she/he has delivered, as provided in Rule J.5.4, to the Head Office or some branch office of the Union, a notice in writing, in the form set out in Rule J.5.2, of her/his willingness to contribute to that Fund, and has not withdrawn the notice in the manner provided in Rule J.5.3. Every member of the Union who has not delivered such a notice or who, having delivered such a notice, has withdrawn it in the manner provided in Rule J.5.3, is to be deemed for the purpose of these Rules to be a member who is exempt from the obligation to contribute to the political fund.

5.2   The form of notice of willingness to contribute to the political fund is as follows:Form of political fund contribution notice - Northern Ireland 

I hereby give notice that I am willing, and agree, to contribute to the political fund of UNISON, and I understand that I shall in consequence, be liable to contribute to that Fund and shall continue to be so liable, unless I deliver to the head office or some branch office of the union, a written notice of withdrawal. I also understand that after delivering such a notice of withdrawal I shall still continue to be liable to contribute to the political fund until the next following first day of January.

Name:

Name of Branch:

Address:

Payroll or Membership Number:

Date:

5.3   If at any time a member of the Union, who has delivered such a notice as is provided for in Rules J.5.1 and J.5.2, gives notice of withdrawal thereof, delivered as provided in Rule J.5.4, to the Head Office or at any branch office of the Union, she/he shall be deemed to have withdrawn the notice as from the first day of January next after the delivery of the notice of withdrawal.

5.4  The notices referred to in Rules J.5.1, J.5.2 and J.5.3 may be delivered personally by the member or by an authorised agent of the member, and any notice shall be deemed to have been delivered at the Head Office or branch office of the Union if it has been sent by post properly addressed to that office.

5.5   The National Executive Council shall give effect to the statutory exemption of Northern Ireland members to contribute to the political fund of the Union by making a separate levy of contributions to that fund from those Northern Ireland members who have provided written consent of their willingness to contribute:

.1  in the case of members who contribute to the General Political Fund Section an amount equal to 3 percent of their contribution to the Union.

.2  in the case of members who contribute to the Affiliated Political Fund Section an amount equal to 6.5 percent of their contribution to the Union.

No moneys of the union other than the amount raised by such separate levy shall be carried to the political fund.

5.6   Northern Ireland members who are statutorily exempt from the obligation to contribute to the political fund of the Union shall not be excluded from any benefits of the Union, or placed in any respect either directly or indirectly under any disability or disadvantage as compared with other members of the Union (except in relation to the control or management of the political fund) by reason of their being exempt.

5.7   Contribution to the political fund of the Union shall not be made a condition for admission to the Union.

5.8   If any Northern Ireland member alleges that she/he is aggrieved by a breach of any of the rules made pursuant to Article 59 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 she/he may complain to the Northern Ireland Certification Officer: 2-8 Gordon Street, Belfast, BT1 2LG, under Article 57(2) to (4) of that Order. If, after giving the complainant and a representative of the Union an opportunity to be heard, the Certification Officer considers that a breach has been committed, he may make an order for remedying it as he thinks just in the circumstances. Under Article 69 of the 1995 Order an appeal against any decision of the Certification Officer may be made to the Court of Appeal on a question of law.

5.9   Additionally, if any Northern Ireland member alleges that she/he is aggrieved by a breach of the political fund rules made pursuant to Section 82 of the Trade Union and Labour Relations (Consolidation) Act 1992 she/he may complain to the GB Certification Officer: Brandon House, 180 Borough High Street, London SE1 1LW. If, after giving the complainant and a representative of the Union an opportunity of being heard, the GB Certification Officer considers that a breach has been committed, he may make an order for remedying it as he thinks just in the circumstances. Any such order of the GB Certification Officer is subject to the right of appeal provided for by section 82(4) of 1992 Act.

6.  PAYMENTS FOR POLITICAL OBJECTS

6.1 Any payments in the furtherance of the Union’s political objects shall during the period from Vesting Day until the 1st January 1996 (hereafter referred to as “the interim period”) be governed by Rules J.7.1 – J.7.5 below.

6.2   A ballot shall be held on a date during 1995 to be decided by the National Executive Council to determine whether the Union shall continue to have political objects.

6.3   If the majority of members voting in the ballot supports the continuance of political objects as being amongst the objects of the Union, then from the end of the interim period any payments in the furtherance of such political objects shall be governed by Rules J.8.1 – J.8.11 below.

6.4   Both during the interim period and thereafter, for so long as such political objects are amongst the objects of the Union, all officers, members and representative bodies of the Union shall ensure that the right of every member to be exempt from contributing to the political fund is fully respected, in accordance with Rules J.4 and J.5 above.

RULES FOR THE ADMINISTRATION  OF THE POLITICAL FUND

7.  INTERIM PERIOD

7.1  Two Parts of the Fund

During the interim period, any payments made in furtherance of the political objects defined in Rule J.1 above shall be made out of a separate fund of the Union (hereinafter called the political fund) which shall consist of two distinct sections to be known as (a) the Former NALGO Political Fund Section and (b) the COHSE/NUPE Political Fund Section. 

7.2 Control of Each Part of the Fund

The administration of each section of the political fund shall be the responsibility of the National Executive Council which shall delegate this responsibility to the exclusive control of two separate committees which shall consist of members of the National Executive Council who in accordance with these Rules are contributors to the relevant section of the fund. 

7.3  The Former NALGO Political Fund

7.3.1  On Vesting Day, the property of the political fund maintained by NALGO shall constitute the Former NALGO Political Fund Section and shall be subject to these Rules.

7.3.2  The contributions to the political fund by former NALGO members shall be paid into the former NALGO Political Fund Section and into that alone.

7.3.3  Where a new member joins the Union after Vesting Day and becomes a member of a branch which was immediately before Vesting Day a branch of NALGO, her/his contributions to the political fund shall be paid into the former NALGO Political Fund Section and into that alone on the same basis as other members of the branch.

7.3.4  Payments from this fund shall be made to promote the Union’s political objects, provided that no contribution from this fund shall be made to the funds of a political party.

7.4  The COHSE/NUPE Political Fund 

7.4.1  On Vesting Day, the property of the political funds maintained by COHSE and NUPE shall be merged to constitute the COHSE/NUPE Political Fund Section and shall be subject to these Rules.

7.4.2  The contributions to the political fund by former members of COHSE or NUPE shall be paid into the COHSE/NUPE Political Fund Section and into that alone.

7.4.3  Where a new member joins the Union after Vesting Day and becomes a member of a branch which was immediately before Vesting Day a NUPE or COHSE branch, or a branch formed by the merger of a former NUPE branch with a former COHSE branch, her/his contributions to the political fund shall be paid into the COHSE/NUPE Political Fund Section and into that alone on the same basis as other members of the branch.

7.4.4  Payments from this fund shall be made to promote the Union’s political objects, provided that no expenditure from this fund shall be made on behalf of or in the interests of any candidate or any representative who has not been officially adopted by the Labour Party (or, in the case of the Isle of Man, the Manx Labour Party).

7.5  Other New Members of the Union

Where a new member of the Union after Vesting Day joins a new branch or a branch which is formed by bringing together former members of NALGO and former members of COHSE and/or NUPE, she/he may elect to contribute at the appropriate rate in accordance with Rule J.4.6.3 or, from 1 January 1996, Rule J.8.11, either to the Former NALGO Political Fund Section at the rate applicable to former NALGO members or to the COHSE/NUPE Political Fund Section at one of the rates applicable to former COHSE members or former NUPE members; and shall make known her/his election on a form approved for the purpose by the National Executive Council. In default of election, the National Executive Council shall determine to which fund the relevant contribution shall be allocated.

8.  AFTER THE INTERIM PERIOD

8.1  Two Parts of Fund 

Any payments made in furtherance of the political objects defined in Rule J.1 above shall be made out of a separate fund of the Union (hereinafter called the political fund) which shall consist of two distinct sections known as (a) the General Political Fund Section and (b) the Affiliated Political Fund Section.

8.2 Control of each Part of Fund 

The administration of each section of the Political Fund shall be the responsibility of the National Executive Council which shall delegate this responsibility to the exclusive control of two separate Committees which shall, in the case of the General Political Fund, consist of members of the National Executive Council who in accordance with these rules are contributors to the General Political Fund and, in the case of the Affiliated Political Fund, consist of 12 members of the National Executive Council elected by members of the National Executive Council who in accordance with these Rules are contributors to the Affiliated Political Fund and one representative from each Region (save for Northern Ireland) elected by members in Branches in that Region who in accordance with these rules are contributors to the Affiliated Political Fund, such Committee to be called the National Affiliated Political Committee, all members of which must be contributors to the Affiliated Political Fund and paid up individual members of the Labour Party.

8.3 The General Political Fund 

Payments from the General Political Fund Section shall be made to promote the Union’s political objects, provided that no contribution from this fund shall be made to the funds of a political party

8.4 Financial Support from the General Political Fund 

Any branch with members contributing to the General Political Fund Section shall be eligible to apply for financial support from this section of the fund. The same shall apply to any Service Group, Self–organised Group, Sector or Region having members contributing to the General Political Fund Section.

8.5 The Affiliated Political Fund 

Payments from the Affiliated Political Fund Section shall be made to promote the Union’s political objects, provided that no expenditure from this section of the fund shall be made on behalf of or in the interests of any candidate r any representative who has not been officially adopted by the Labour Party (or, in the case of the Isle of Man, the Manx Labour Party). 

8.6 Transfer of Balances 

At the end of the interim period, the balance in the Former NALGO Political Fund Section shall be transferred to the General Political Fund Section and the balance in the COHSE/NUPE Political Fund Section shall be transferred to the Affiliated Political Fund Section.

8.7 Continuance of Contributions 

At the end of the interim period, the contributions to the political fund by those members whose contributions were formerly paid into the Former NALGO Political Fund Section shall henceforth be paid into the General Political Fund Section, and the contributions to the political fund by those members whose contributions were formerly paid into the COHSE/NUPE Political Fund Section shall henceforth be paid into the Affiliated Political Fund Section.

8.8 Right of New Members

Where a member joins the Union on or after 1 January 1996, she/he may elect whether to be able to contribute to the General Political Fund Section or the Affiliated Political Fund Section or to both and shall make known her/his election on a form approved for the purpose by the National Executive Council. In default of election, the National Executive Council shall determine to which fund the relevant contribution shall be allocated.

8.9 Right of All Members 

On and after 1 January 1996, any member of the Union shall be entitled to elect whether to be able to contribute to the General Political Fund Section or the Affiliated Political Fund Section or to both, and shall, if this election involves any change in the contribution to the political fund made by the member, make known her/his choice on a form approved for the purpose by the National Executive Council

8.10 Rate of Contribution to both Funds 

In the case of a member who under either of the preceding Rules J.8.8 and J.8.9 elects to contribute to both the General Political Fund Section and the Affiliated Political Fund Section, she/he shall from the date on which her/his election takes effect select to which Section of the fund s/he wishes to have her/his contribution made by deduction from her/his subscription. Any contribution to the other Section of the political fund shall be made by way of an additional levy to be paid annually or at shorter intervals as the National Executive Council shall determine and shall in any event be equal to the annual value of the contributions required to be made to that particular Section of the fund by reference to Rule J.8.11.

8.11 Political Fund Contribution at end of Interim Period 

The rates of contribution to the Union’s political fund shall be:

.1  in the case of members who contribute to the General Political Fund Section an amount equal to 3 per cent of their contribution to the Union.

.2  in the case of members who contribute to the Affiliated Political Fund Section an amount equal to 6.5% of their contribution to the Union. 

In either case such contribution to the political fund to be rounded up to the nearest whole penny.