NOB MODUS OPERANDI 1. INTRODUCTION 2. THE CONSTITUTIONAL FRAMEWORK. Revised: 03 October 2004

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1 NOB MODUS OPERANDI Revised: 03 October INTRODUCTION The aim of the document is to define better: The division of labour between, and areas of responsibility of the NOBs; Clarify the power relations in the context that worker-officer bearers have to be full-time available to do COSATU work. This mean interpreting the Constitution in the light of this reality; and Ensure smooth working relations and unity of the NOBs. The modus operandi document should not be seen as giving NOB collective a backdoor to undermine the principle of worker control. This document firstly recognises and seeks to abide by the worker control principle and the letter and spirit of the constitution. In the context of Congress Resolution that worker office bearers should be full time available to do COSATU work such an office bearer must be based in a workplace and be ready to do work of the federation or union when required. This should also be based on a defined programme. 2. THE CONSTITUTIONAL FRAMEWORK COSATU is governed by five principles one of which is worker control as stipulated and regulated in the constitution. The Constitution regulates the exercise of worker control in several ways, namely: First, all policy powers are the prerogative of National Congress, Central Committee and Central Executive Committee. These structures should have a fair representation of workers. Second, only workers can stand for the positions of President, 1 st Deputy President, 2 nd Deputy President and Treasurer. Third, the NOB collective has oversight power to manage the activities of the federation between the constitutional meetings. The underlying logic of worker control is to promote internal democracy and to ensure that workers own and direct the federation. The powers of the NOBs in terms of the Constitution are stipulated in detail in annexure 1. In a nutshell, the Constitution vests executive and administrative powers in the Secretariat (General and Deputy Secretary). They are responsible for the daily 1

2 management of the affairs of the organisation but operate within the policy framework stipulated by Constitutional Structures. The rest of the NOBs monitor and supervise the work of the Secretariat by ensuring adherence to policy framework. In the current complex environment NOBs also play a much more active political role and are deployed in various areas of work. It is here that the division of labour and responsibility have to be spelt out clearly. Against this background it is apparent that the Constitution unequivocally rest executive power in the Secretariat and political oversight power to the NOBs collective. Still in the day-to-day experience some issues have arisen from attempts to operationalise full-time availability of workers office bearers. For that reason it is worth recalling the underlying logic of opting for full time availability as opposed to full time status. Full time availability of worker NOBs is to ensure that they effectively exercise their oversight role and to ensure that they become more involved in running the affairs of the Federation. Still the Secretariat remains in terms of the Constitution with the power to see to day-to-day operations of the Federation. This means that worker office bearers must at all times act in concert with the Secretariat. To avoid unnecessary tensions, it is advisable that whenever worker office bearers have concerns with regard to staff or operational issues, they should alert the Secretariat and collectively agree on the best mechanism to handle such an issue. For example if worker NOBs feel it is important to better co-ordinate a policy engagement, they should raise the matter with the secretariat and agree on a way forward rather than unilaterally set up such political processes. From the constitution flow the following rules: The NOB as a collective are responsible for the oversight in between the CEC meetings. This is not power given to one or worker NOB s. Currently in line with the spirit and letter of the constitution and also consistent with the planning cycle approved by the CEC, the NOB s collective meets fortnightly to receive reports from the secretariat which is responsible for the coordination and supervision of the work of the federation Literally interpreted this means that the First Deputy President can only exercise his/her powers in the absence of the President. The Treasurer is responsible for the supervision of the financial affairs of the federation. See the box for the debate on the duplicate powers. The General Secretary and Deputy are responsible for financial affairs, receiving and writing correspondence on behalf of the federation, writing reports to the structures and general supervision, coordination and 2

3 supervision of the work of the federation including supervising Regional Secretaries. Supervision of the staff is the responsibility of the General Secretary and Deputy. This includes taking disciplinary action. That is why the staff disciplinary and grievance procedures makes it clear that the supervisor of staff is the Secretariat with the NOB s hearing appeals from staff after certain procedures have been followed. The National Congress when it called on the worker NOB s to be made available to do the work of the federation did not seek to make them full time office bearers in the same sense as the General and Deputy General Secretaries are. It therefore did not seek to create two centers of power in the same office. A programme must be drawn or must exist to give practical meaning to full-time availability of worker office bearers. This should be a protocol followed and managed at all times by all NOBs. In trying to build better collectivism and defined roles we must address some of the issues that have arisen, namely: Infrequent meetings of NOB s resulting in a failure to collectively manage the organisation. Failure to read documentation and to acquaint ourselves of the policies of the federation. In turns this means that NOBs cannot play effectively their oversight role if they are ill informed. Insufficient training on a wide variety of issues. Uneven profile of NOBs internally and externally. 2. Areas for Improvement and Division of Labour The collective responsibility of the NOBs is to ensure implementation of decisions of Constitutional Structures; provide political leadership for the Federation; and prepare for Constitutional meetings. The Secretariat bears the primary responsibility to ensure that implementation plans are developed. Still for the NOB s to fulfil their responsibilities effectively it is important that they are given timely information; meet as regularly as possible; and are provided with administrative and other logistical support. In addition it is also important that NOB s are provided with a detailed month-to-month plan to discharge their responsibilities. In turn, all NOB s have to submit report backs on their areas of work as well as consult with other office bearers. As a matter of course NOB s must decide on matters of political significance and/or that would have policy and far reaching organisational changes. In this 3

4 regard, the task of the Secretariat is to make recommendations to the NOB Collective on such matters. To ensure better collective leadership there following are necessary: Frequent meetings of the NOB s. If a meeting is cancelled an alternative meeting must be arranged. NOB s must receive regular reports from the Secretariat. NOB s must redirect, provide oversight and endorse work of Secretariat, SIC, CEC sub committees and so forth. In terms of logistical and administrative support NOB s have been given two offices. These offices should now be provided with computer equipment and NOB must receive training. A training programme for the NOBs must be developed over a range of issues. Personal assistants to the General Secretary and Deputy must be better utilised to provide admin support to the NOB s. As such the Secretary to the General Secretary must provide support to the President and the First Deputy President. The Secretary to the Deputy General Secretary must provide support to the Second Deputy President and Treasurer. Secretariat should centrally manage the deployment of NOB s The allocation of responsibilities for NOB s rests on the assumption that the Secretariat remains responsible for management of the organisation including staff. However, there is a need for more involvement of the NOB s in the organisational activities, hence they are deployed to particular areas. Further this should complement the coordinating centre. NOBs are deployed to the following areas: ORGANISATIONAL Affiliates a. Public Sector Joe Nkosi & Zweli b. Manufacturing Willy& Zweli c. Mining Alina, Bheki d. Services Violet & Bheki Regions a. Western Cape Willy & ZV b. Eastern Cape - Joe c. Free State-Northern Cape - Alina d. North West - Violet and Zweli e. Wits Willy and ZV f. Northern Transvaal Joe and Bheki g. Mpumalanga Violet and Bheki h. KZN Alina and Bheki Units NEDCOM Willy and Zweli GENDER Bheki and Violet Finances Alina & Zweli 4

5 Recruitment Organisational Renewal Finances Organising and Campaigns Joe Nkosi and Zweli Policy and Parliamentary Work Zweli and Willy International Willy and Zweli Bheki Zweli Zweli and Alina POLITICAL Alliance Engagements Civil society Zweli and Willy Madisha NEDLAC Zweli, Bheki & Alina MLC Zweli, Willy, Bheki and Alina Bheki, Joe and Violet OTHERS HIV/AIDS PSA Board UMSOBOMVU Board JCT German-SA Binational Commission BIG Coalition TAC & SANAC Joe Nkosi Willy Madisha Willy Zweli and Willy Bheki Joe Nkosi The actual meaning these deployments must be finalised by the NOBs. 4. NOB Programme NOBs monthly programmes must in first the instance dovetail with broad organisational priorities for each month. In this regard NOBs will be complementing, and gaining insight into, the monthly organisational plan. However, NOBs have to develop their own distinct plan from month to month and quarter to quarter. In the past NOBs have not managed to develop such a programme. It is now incumbent upon NOBs to develop six months, quarterly and monthly plans. Having done so, they should also review their plan of action on monthly and quarterly basis. So one meeting of the NOBs in a month must be dedicated toward a review of the organisational plans and to develop plans for the next month going forward. This should also be done on a quarterly basis. The SIC review of each month and quarter will be tabled at the NOB monthly and quarterly review meetings. In turn NOBs must review work on a monthly and quarterly basis on their area of deployment. At the minimum the programme must highlight: a. NOB Plan in respect of their area of deployment; 5

6 b. Broader organisational priorities c. Training and education; d. International work e. Resource and logistical requirement. 6

7 ANNEXURE 1: The powers of the NOBs: WORKER NATIONAL OFFICE BEARERS The President The President has the following powers and duties - To preside over meetings of the NC, CC and the CEC; To conduct the meetings according to the provisions in this Constitution; To sign the minutes of meetings of the NC, CC and CEC; and In conjunction with other Office Bearers, to generally supervise the affairs of the Federation between meetings of the NC and the CEC. First Deputy President: The First Deputy President exercises the powers and duties of the President in his/her absence. Second Deputy President: The Second Deputy President exercises the powers and duties of the President if the First Deputy President is absent. Acting President: The CC and CEC appoints an Acting President if the President and both Deputy Presidents are temporarily unable to exercise the powers and duties of the President. The Acting President holds office until a. The President or one of the Deputy Presidents are available; or b. A new President or Deputy President has been elected in accordance with clause 3. Treasurer a. The Treasurer is responsible for b. To preside over meetings of the Finance Committee; c. The supervision of the financial affairs of the Federation; and d. Such other duties as may reasonably required by the NC, CC or the CEC. OFFICIALS General Secretary The General Secretary is responsible for - a. Financial affairs including 7

8 The keeping of books and accounts as may be required by the CEC; The collection of affiliate fees; The banking of monies received in the name of the Federation; The preparation and circulation of detailed monthly financial statements to the Regions and affiliates of the Federation; b. Correspondence and notices including Tabling correspondence where necessary, at CEC meetings; Sending out notices and minutes of all meetings of the NC, CC, CEC and other related committees and sub-committees; c. Reports including The preparation and circulation of the Financial Annual Report which must include statements of income and expenditure and the balance sheet; and The circulation of the auditor's report to the CEC; d. General co-ordination and supervision including Office work and administration of the affairs and activities of the Federation; and The supervision of staff and the Regional Secretaries, Other duties including tasks issued by the NC, CC and CEC. Deputy General Secretary The Deputy General Secretary is responsible for performing the functions and duties as contemplated in sub clause 11.1 above - With the General Secretary; or In the absence of the General Secretary. Speaking and voting rights Officials of the Federation have full speaking rights but no voting rights. The key clauses that are in most of the time lead to confusion and tension are as follows: a) Presidents powers: clause states In conjunction with other Office Bearers, to generally supervise the affairs of the Federation between meetings of the NC and the CEC. b) The First Deputy Presidents powers are in clause 9.2 states that The First Deputy President exercises the powers and duties of the President in his / her absence.. 8

9 c) The Second Deputy President powers are in clause 9.3, the constitution states that the The Second Deputy President exercises the powers and duties of the President if the First Deputy President is absent. d) The key clause in the constitution regulating the Treasure s power is in clause of the constitution, which states that The supervision of the financial affairs of the Federation. An attempt to clarify this follows in sections below. e) The key clauses in the constitution regulating the powers of the General Secretary are in the following clauses: Clause Financial affairs including. Clause Correspondence and notices including. Clause Reports including. Clause General co-ordination and supervision including. f) The Deputy General Secretary is responsible for performing the functions and duties as contemplated in sub clause 10.1 above - With the General Secretary; or In the absence of the General Secretary. 9

10 Annexure 2: Issues Raised by the NOBs in the discussion on the document The purpose of the document is: To avoid political divisions among NOBs. To define areas of responsibility of NOB to avoid tensions. Key issues raised in the discussion: Relationship between NOBs and units should clarify. Define a programme for NOBs in their areas of deployment. Worker office bearers should avoid being too involved in staff issues. Need an administration system to manage the affairs of NOB including car pool and resources. How should NOBs initiative to discuss with ANC & SACP leaders plus leaders of affiliates be regulated? Operations at affiliate and federation levels are different hence the different style of work. The document and its underlying principles were adopted. However it should be refined. NOBs should meet at least three days before the CEC. Treasurer and General Secretary should meet regularly to discuss finances. NOBs to inform each other when they engage the public media. The document should be revised and circulated to all affiliates. It should incorporate the planning cycle, programme to take forward 2015 and medium term programme, and systems of accountability and collective decision-making. 10