UNISON Rule Book 2002

Contents

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1.  Trustees of Union

1.1 Eligibility for Appointment

1.2 Disqualification from Appointment 

1.3 First Trustees

1.4 Trustees of Welfare Fund 

2.  Duties of Trustees

3.  Investments and Property of the Union

3.1 Powers of Investment 

3.2 Opening of Bank Accounts 

3.3 Books, Papers and Documents 

3.4 Land and Buildings 

3.5 Power of NEC to Direct Trustees 

3.6 Use of Funds for Maintenance etc of Land

4.  The Union’s Auditors

5.   Indemnification of Members of the NEC and Staff 

6.  Data Protection Act Policy

7.  Service of Notices

8.  General

1.  TRUSTEES OF THE UNION

1.1  Eligibility for appointment

A member shall be eligible to be appointed as Trustee if she/he has been a member of the Union or one of the predecessor Unions for the two years preceding the date of the appointment.

1.2   Disqualification from appointment

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.

1.2.1  A member shall be disqualified from being or becoming a Trustee if she/he shall:

(a)   become bankrupt or enter into any composition with her/his creditors; or

(b)   become legally incapable of carrying out her/his duties as Trustee; or

(c)   cease to be eligible to be a Trustee under Rule M.1.1 above;

(d)   cease to be an ordinary member of the Union.

1.2.2  A Trustee who refuses or neglects to carry out any lawful direction of the National Executive Council in accordance with the provisions of Rule 2 below within 14 days of being requested in writing to do so by the National Executive Council shall be disqualified from being a Trustee.

1.3  First Trustees

1.3.1  So soon as may be possible on or after the Vesting Day the National Executive Council shall appoint three persons to be the first Trustees of the Union (“the first Trustees’) by an instrument in writing, and upon such appointment the property of COHSE, NALGO and NUPE shall vest in the first Trustees in accordance with Section 5(1) of the Trade Union (Amalgamations, etc) Act 1964.

Appointment of Trustees

The first Trustees shall hold office until a new Trustee or Trustees shall be appointed in accordance with the provisions of this Rule. 

1.3.2  There shall be three Trustees of the Union who shall be appointed by the National Executive Council in accordance with this Rule by an instrument in writing.

1.3.3  A Trustee shall hold office for two years and upon the expiry of this period the National Executive Council shall either re-appoint the Trustee or shall appoint a new Trustee to be Trustee in her/his place.

1.3.4  If a Trustee wishes to retire as Trustee or dies, the National Executive Council shall appoint a new Trustee to be a Trustee in her/his place. 

1.3.5  If a Trustee becomes disqualified from being a Trustee, the National Executive Council shall nominate her/him for removal from office and shall at the same time elect a new Trustee in her/his place.

1.3.6  In any case where the National Executive Council elect a person to be a Trustee who is not already a Trustee, or nominate a person for removal from office, the General Secretary, on behalf of the National Executive Council, shall appoint such a person as Trustee, or remove her/him from office as the case may be, by an instrument in writing whereupon all property of the Union, real or personal, shall vest in the new or continuing Trustees.

1.4  Trustees of Welfare Fund

1.4.1  Upon the appointment of a new Trustee or Trustees of the Union or upon the removal of a Trustee from office, the General Secretary, on behalf of the National Executive Council, shall also appoint uch person by deed to be a Trustee or Trustees of UNISON Welfare or shall by deed remove such person from office as the case may be.

1.4.2  For the avoidance of doubt upon the appointment or removal of a Trustee or Trustees of UNISON Welfare under Rule M.1.4.1 above, the General Secretary, on behalf of the National Executive Council, shall by deed appoint such person to be a Trustee or Trustees of the trusts and/or conveyances of any properties held on specific charitable trusts or shall by deed remove such person from office such Trustees as the case may be.

2.   DUTIES OF THE TRUSTEES

2.1  All property of the Union shall subject to Rule M.2.4 below be vested in the names of the Trustees.

2.2  The Trustees shall not in any way sell transfer or otherwise deal with the property of the Union or part with any document relating thereto except under the direction of the National Executive Council, evidenced by a minute to that effect, a copy of which, signed by the General Secretary, shall be supplied to each of the Trustees.

2.3  The Trustees shall obey all lawful directions of the National Executive Council so evidenced and shall sign all documents and do all acts and things which may be necessary to carry out those directions. 

2.4  If the National Executive Council shall so direct, the Trustees shall make, transfer or hold any investment or other property belonging to the Union in the name or under the control of any persons or person, companies or company as nominees or nominee of the Trustees.

3.  INVESTMENTS AND PROPERTY OF THE UNION

3.1  Powers of Investment

3.1.1  The Trustees shall invest any funds of the Union for the time being available for investment in such shares stocks funds securities land (whether freehold or leasehold) buildings chattels or other investments or property of whatever nature and wherever situated and whether producing income or not as the Trustees may think fit and as if they were an absolute beneficial owner of the property moveable or immovable or in any other investments authorised by the National Executive Council and may vary any such investments for any others authorised by this Rule.

3.1.2  The Trustees shall obey any directions of the National Executive Council as to investment made in accordance with Rule M.2.2 above 

3.1.3  The Trustees may with the written consent of the National Executive Council and shall if the National Executive Council shall so direct in accordance with Rule M.2.2 delegate to any persons or companies for any period and on such terms including terms as to remuneration as they shall think fit the powers given to them by this Rule in connection with the investment of the funds of the Union.Opening of Bank Accounts

3.2   Opening of Bank Accounts

The National Executive Council shall have power to open and maintain such bank accounts as it shall think fit and to determine the signatories to cheques or other documents required to be signed in connection with those accounts.

3.3  Books, Papers and Documents

All books, papers and documents belonging to the Union shall be kept in the custody of the General Secretary. 

3.4  Land and Buildings

The Union may, in the names of the Trustees, purchase, take on lease or otherwise acquire any land or buildings (“Union Land”). 

3.5  Power of National Executive Council to direct Trustees

3.5.1  The National Executive Council may direct the Trustees in accordance with Rule M.2.2 above to effect any transaction concerning or affecting any Union Land.

3.5.2  For the purposes of this Rule, “transaction” includes any sale exchange grant lease surrender reconveyance release reservation mortgage charge or other disposition and any purchase or other acquisition and any covenant contract licence option or right of pre–emption and any compromise partition insurance or other dealing or arrangement; “effect” has the meaning appropriate to the particular transaction; and references to Union Land include references to restrictions and burdens affecting Union Land. 

3.6  Use of Funds for Maintenance, etc of Land

The National Executive Council may direct the Trustees in accordance with Rule 2.2 above to apply any funds of the Union in maintaining repairing cleaning decorating making structural alterations to or improvements in or demolishing and re–building any Union Land.

4.  The Union’s Auditors

4.1  The Union’s accounts shall be audited each year by a professional auditor appointed by the National Executive Council and who thereafter shall continue to hold office until replaced by the National Delegate Conference. 

4.2  The audited accounts and balance sheet for the previous financial year shall be presented to the National Delegate Conference for approval and adoption.

4.3  The rules of financial procedure adopted by the National Executive Council shall include provision for the audit of the Union’s accounts at Regional and at Branch level.

5.   Indemnification of Members of the National Executive Council and Staff 

The National Executive Council may, out of the funds and property of the Union, indemnify

(a)   any member of the National Executive Council

(b)   any member of a national committee

(c)  any Trustee

(d)  any Regional official

(e)  any branch official

(f)  any member of staff including any former holder of any of the positions specified in (a) and (f) above from and against all costs and charges, damages and expenses whatsoever, which she/he shall sustain, or be put to, by reason of her/his accepting office or acting in execution or intended execution of her/his functions under these Rules, unless the same shall happen through that person’s lack of good faith, or wilful neglect or default.

6.  Data Protection Act Policy

6.1  No branch, or any member thereof, may use any automatic data processing equipment for a purpose connected with the administration of the branch or any section of it, unless the Branch Secretary has notified the General Secretary that the branch or any of its members are so using such equipment, the purpose for which it is being used, and the nature of the information recorded.

6.2  For the avoidance of doubt, each branch and its members must abide by the data protection principles embodied in the Data Protection Act 1984 so far as these principles apply to activities undertaken by them on behalf of the branch or a section of it.

6.3  Upon receiving a written request for such information from the General Secretary, a branch and any of its members must supply such information as is reasonably practicable to facilitate the registration of the Union under the Data Protection Act and the compliance by the Union with the data protection principles.

6.4  A member seeking to enforce her/his rights under the Data Protection Act must apply to the General Secretary. 

7.  SERVICE OF NOTICES

7.1  Service of any notice upon a member may be effected personally or by the General Secretary sending it through the post in a prepaid letter addressed to such member, at her/his last–known address. 

7.2  Any notice if served by post shall be deemed to have been served at the time when the letter containing it would be delivered in the ordinary course of post, and it shall be sufficient proof of service that the letter containing the notice was properly addressed and posted.

7.3  A member whose last–known address was not within the British Isles shall not be entitled to any notice, and all proceedings may be had and taken without notice to such member in the same manner as if she/he had had due notice as is provided herein.

7.4  Where in these Rules or any regulations made under them provision is made for returns, remittances, motions, amendments, voting papers or any other notification or information to be submitted to or received by the General Secretary or other official by a certain date, then when that date falls on a Saturday, Sunday, Christmas Day, Good Friday, public or bank holiday or a day appointed for public thanksgiving or mourning, there shall be substituted the first day thereafter which is not one of those days.

8.  GENERAL

All property, books and funds held by or for any branch, Region, Service Group, any committee and any other body provided for or under these Rules, are the property of the Union and in the event of a dissolution or secession of any of the above bodies shall be delivered or paid over to such person or body as the National Executive Council directs.