Rules of the Union of Construction, Allied Trades and Technicians

Transcription

1 Rules of the Union of Construction, Allied Trades and Technicians Contents Table of Elections Page 2 Preface Page 3 Rule 1: Name and registered office of the union Page 4 Rule 2: Objects of the union Page 4 Rule 3: Membership of the union Page 5 Rule 4: Membership contributions Page 6 Rule 5: Arrears of contributions Page 7 Rule 6: Membership benefits Legal assistance Benefit Funeral Benefit Trade Privilege Benefit Page 8 Page 8 Page 9 Page 9 Rule 7: Obligations of members and resolving disputes between members Appeals within the union s disciplinary procedures Page 10 Page 12 Rule 8: Branches Page 13 Rule 9: Branch officers allowances Page 15 Rule 10: Regions and Regional Councils Page 15 Rule 11: The power and duties of the Executive Council Page 17 Rule 12: Election of the Executive Council nomination procedures Page 19 Rule 13: Election of the Executive Council election procedures Page 20 Rule 14: Chairing the Executive Council Page 22 Rule 15: The General Council duties Page 22 Rule 16: Election of the General Council nomination procedures Page 24 Rule 17: Election of the General Council election procedures Page 25 Rule 18: General Secretary duties Page 27 Rule 19: General Secretary election procedures Page 28 Rule 20: Officers of the union Page 30 Rule 21: National Delegate Conference Page 32 Rule 22: Workplace representation Page 34 Rule 23: Revising the rules Page 35 Rule 24: Funds of the union Page 36 Rule 25: General Trustees of the union Page 38 Rule 26: Rules for a trade union Political Fund Page 38 Rule 27: Northern Ireland section Political Fund rules Page 42 Rule 28: Political representation Page 44 Rule 29: Affiliation to other trade union and related organisations Page 45 Rule 30: Dissolution of the Union Rule 31: Strikes and Industrial Action in the Republic of Ireland Rule 30: Miscellaneous Rules Page 46 Page 46 Page 47 1

2 Schedule of Elections Name of officer Branch President Branch Secretary Branch Treasurer Elected for five years Election to take place on Star Night* In March In September In September Nominated on Star Night Election Regional Council September December (at branch star nights) Executive Council March June (by postal ballot) General Council March June (by postal ballot) General Secretary** March June (by postal ballot) Elected for four years Nominated on Star Night Election Rules Revision Committee*** March June (at branch star nights) Elected every two years Nominated on Star Night Election Delegates to NDC September December (at branch star nights) Elected yearly Nominated on Star Night Election Regional Delegates to TUC September December (at branch star nights) Congress Regional Delegates to September December (at branch star nights) Labour Party Conference *Subject to rule 8.20 **Subject to rule 19.2 ***Subject to rule

3 Preface The Union of Construction, Allied Trades and Technicians (UCATT) exists to maintain and improve the working and wider social lives of its members. UCATT is the result of the coming together of many specialist construction unions over a period of more than a hundred and fifty years, and is now acknowledged as the foremost trade union in the building associated and civil engineering industries, organising members whether they are training, working, unemployed or retired. UCATT serves the wage and salary earners in the industries and occupations it organises in several ways: It negotiates agreements and represents members with employers in achieving higher wages, salaries and better working conditions than they could possibly achieve individually. It provides specialist expertise in ensuring that employers respect the safety at work of its members. It oversees training and qualification opportunities for its members. It provides direct benefits to its members who encounter misfortune arising directly or indirectly out of their employment. It provides representation by skilled negotiators from the industry for any member who is unjustly treated at work, including free legal assistance where it is deemed necessary. It brings together all workers in contributing to one common purpose at work. UCATT s strength in all its discussions with employers has to be sustained by constant effort in recruiting new workers into the union. Everyone has the legal right to be in a trade union today, and the stronger the union, the more we will be able to see all building associated workers take their rightful place in a society that will appreciate their contribution to its well-being. The rules of UCATT guide our union s efforts in achieving for our members the full fruit of their labours, and cover every member s rights and responsibilities within UCATT, irrespective of their race, religion, age, disability, gender, marital status, sexual orientation or identity. We welcome everyone into UCATT and look forward to sharing our trade union work with you and your colleagues as we deliver the benefits of trade unionism to you and your family. 3

4 1. RULE 1 Name and Registered Office of the Union 1.1. The trade union formed under these rules shall be known as the Union of Construction, Allied Trades and Technicians, abbreviated in these rules to its initials UCATT The name of the union or its initials or any official logo in use from time to time shall not be used in the publications or products of any other organisation without the permission of the Executive Council of the union The registered office of the union, (known within the union as the General Office) shall be at UCATT House, 177 Abbeville Road, Clapham, London SW4 9RL, or any other place decided upon by the Executive Council. 2. RULE 2 Objects of the Union 2.1. The principal objects of the union, shall be: 2.2. To promote the social and economic advancement of its members and workers from construction and allied trades within the United Kingdom and the Republic of Ireland and to work with every available resource for the transition to a Socialist society To regulate relations at work between members and employers and members and members of this and/or other trade unions To organise and recruit into membership of the union all workers To proceed by all lawful means to negotiate the settlement of any dispute between members and their employers, UCATT members and the members of other trade unions, and any other disputes between members of UCATT itself To secure safe, just and properly rewarded working conditions for the members of the union wherever they may work To provide such benefits to members as are specified in these rules To promote and support the development and extension of members learning and education in both the workplaces and wider communities in which the members and their families live To actively oppose all forms of discrimination based on race, religion, age, disability, gender, sexual orientation and identity, at work and in society more generally. In particular, the union will actively oppose any political or social organisation attempting to operate within the union or elsewhere whose aims and objectives appear to the union to be racist or fascist To secure a real measure of workers control in industry through encouraging the participation of union members in managing the workplaces in which they work. 4

5 2.11. To affiliate to and support the work of federations of trade unions with aims compatible with those of the union. In particular, the union shall be an affiliate of the British Trade Union Congress (TUC), the Irish Confederation of Trade Unions (ICTU) and the Welsh TUC and Scottish TUC. The union will also participate in the affairs of such other trade union federations within the industries the union organises in Britain, Ireland, Europe and beyond, as the Executive Council shall decide To encourage the trade unions of other workers to merge their organisations into UCATT through a transfer of engagements with UCATT. However, the distinctive nature of UCATT as a construction trade union will not be undermined in any way by such proposals To further these objects of the union, where appropriate, through political activity funded by the specific Political Fund described in rules RULE 3 Membership of the Union 3.1. The membership of the union shall be open to any individual or group of workers in those industries and occupations that the Executive Council deem appropriate from time to time. A member must not belong to any other trade union expect with the specific permission of the Executive Council On admission to the union members shall be allocated into four separate sections of membership called respectively Section 1, Section 2, Section 3 and Section 4. Members in each section shall pay the contributions and receive the benefits defined in these rules All applicants for membership shall complete an appropriate membership application for agreeing to be bound by these rules. Application forms will be in a form approved by the Executive Council and copies will be available from union representatives, the General Office or regional offices and electronically from the union s website. The form will contain an undertaking that the applicant, if admitted to membership, will comply with the duties and obligations imposed on them by these union rules An applicant will become a member of the union when his or her name is entered on the union s register of members after his or her application form is received at the union s General Office and the first contribution is received The Executive Council shall have the power to establish or discontinue other sections of membership within the union that offer to members different rates of contributions and/or benefits Section 1 of the union shall be composed of skilled adult members in receipt of the adult rate of pay wherever they work. Such members will usually be in receipt of a recognised skilled, craft or professional rate of pay (or be temporarily unemployed) Section 2 of the union shall be composed of other adult general workers not in receipt of the craft rate of pay Section 3 of the union shall be composed of members who are undergoing training.this section shall include apprentices and other workers undertaking paid or unpaid training for recognised industry standards of skill qualification. Section 3 workers will be expected to 5

6 join Section 1 of the union upon achieving the adult skilled, craft or professional rate of pay at their workplace Section 4 of the union shall be known as the Honorary section of the union and shall be composed of members who are retired, permanently disabled or long-term sick. Members who have completed 40 years of membership shall be granted free membership and a commemorative certificate. The contributions payable, the benefits received and the union roles allowable to be undertaken by members who are unable to work due to retirement, disability and long-term sickness shall be as described in rules In the event of any member of any section of the union being allowed to hold joint membership within another trade union, they will not be allowed to hold office within UCATT unless specifically permitted to do so by the Executive Council A Member shall be entitled to attend, speak, vote and stand for office in branch, regional and national elections within the union as set out in these rules No person shall be admitted or readmitted to the union who is known to have deliberately injured the interests of other members or been proved to have previously brought discredit on the union in such a way as to have rendered them liable to action against them under these rules without the expressed permission of the EC All members of the union shall be personally responsible for notifying their local Branch Secretary or the General Office or regional offices of the union of any change in their address or personal circumstances that may affect their entitlements under these rules Any member who becomes a member of an Employers' Association shall resign their membership of the union or shall be excluded from membership of the union by the Executive Council Any period of continuous membership held by an applicant of a predecessor union that later amalgamated or transferred its engagements into UCATT shall count as continuous membership within UCATT for the purposes of these rules. 4. RULE 4 Membership Contributions 4.1. All members will pay contributions according to the section of the union they are in. The weekly rate of contributions in each section will be set by the Executive Council every year In exceptional circumstances, the Executive Council may be of the opinion that the union s financial position needs strengthening. In such circumstances, the Executive Council is empowered by these rules to levy the membership of the union an appropriate amount in addition to members contributions Contributions can be paid by members by direct debit to General Office, the check-off of contributions by the employer at work or at regular meetings of the members branch. Except at branch meetings, no member should hand cash contributions to any branch officer at any time. A member may remit money by post (but not cash), and must do so by secure post, enclosing the member s contribution card, postal order, money order or 6

7 cheque together with a letter stating the amount remitted. The member should also attach a stamped addressed envelope for the branch officer concerned to return the member s card and an official form confirming the payment Where members contributions are paid by check off or by direct debit or standing order, the General Office of the union must credit such contributions to the members local branch so that the branch and region s funds based on their income are properly accounted for in line with rules 8 and Members may opt to pay contributions annually in advance. Members in Sections 1-3 inclusive who do so, will be entitled to a discount on their annual contribution rate of six weeks contributions The Executive Council will set a level of reduced contributions for members who work parttime Members are exempt from paying full contributions for each full week they are not in receipt of wages or salary. This exemption will only be permitted after the member has notified the General or Regional Office or their Branch Secretary of their situation with written evidence in support of the member s case However, such members who are not in receipt of wages or salary and are exempt from paying full contributions shall be permitted to retain their entitlement to the benefits of the union. Members affected by this clause of these rules must inform their Branch Secretary or their Regional Office or General Office when they resume employment when full contributions once more become payable The circumstances in which the benefits outlined in the above clause may be payable are set out in rule RULE 5 Arrears of Contributions 5.1. It is each member s responsibility to keep his or her entitlement to union benefits up to date by paying contributions regularly in the ways outlined above in rule Members who have fallen behind with their contributions by 12 weeks shall be unable to claim benefits for at least 8 weeks after they have reduced their arrears of contributions below 12 weeks, with the exception of the union s trade privilege fund If a member s arrears of contributions exceed 26 weeks but are less than 104 weeks, he or she shall be suspended from entitlement to all benefits, rights and privileges of membership of the union unless a clear payment anomaly can be demonstrated This suspension from entitlement to union benefits and privileges also includes the suspension of the right to take part in union ballots A member suspended from the union for arrears of contributions in excess of 26 weeks but less than 104 weeks in accordance with rule 5.3 will cease to be suspended after the payment of such arrears as the Executive Council shall determine. 7

8 5.6. If a member s arrears of contributions reach or exceed 1004 weeks, he or she shall cease to be a member. Such a person may apply for re-instatement, which may be allowed by the Executive Council after the payment of such arrears as the Executive Council shall determine 5.7. Members are entitled to vote in all elections governed by these rules so long as their arrears of contributions do not exceed 26 weeks. For the purposes of this clause, the eligibility of a member to vote will be established by examining his or her arrears position at noon 21 days before the date fixed by the Executive Council for the start of the balloting procedure process Any member who fails to clear their arrears by noon 21 days prior to the date fixed by the Executive Council for the start of the period of balloting, will not be sent a ballot paper for the ballot in question However, and notwithstanding this rule s governance of a member s entitlement to union benefits, the Executive Council will contact members who appear from the union s membership roll to be in excess of 26 weeks but less than 104 weeks in arrears with their contributions before the date fixed and announced by the Executive Council for the start of a period of balloting in a specific ballot. In order to offer such members the opportunity, within 28 days from the date of the communication, to fully pay off their arrears of contributions. This communication shall be implemented through the use of the union s website, circulars to regional offices and branches, and an edition of the union s journal sent direct to individual members at their home address. 6. RULE 6 Membership Benefits 6.1. Members will be entitled to such benefits, rights and privileges as members of the union as are provided by these rules Members of the union who have paid contributions for 13 weeks are entitled to the benefits of the union, but this requirement may be waived at the discretion of the Executive Council. Legal Assistance Benefit 6.3. Members shall be entitled to receive the benefit of legal assistance from the union at the complete discretion of the Executive Council who shall have regard to the advice of the appropriate Regional Secretary, along with its own solicitors and counsel Members will not usually be entitled to legal assistance in connection with a case that arose at a time when they were not a member of the union, except at the discretion of the Executive Council In no circumstances will legal assistance be given in respect of a case which challenges a decision of the union The Executive Council may, at its discretion, extend non workplace-related legal assistance they deem appropriate to members families. 8

9 6.7. To receive legal benefit, members will usually be expected to have been paid-up members for at least 13 weeks, but the Executive Council may waive this requirement in exceptional circumstances A member seeking legal assistance in Personal Injury cases must, comply with a procedure which shall be drawn up by the Executive Council A member receiving legal benefit in terms of advice or representation shall provide all information and cooperation required by the legal advisers provided to the member by the union. In the event of a member failing to provide truthful information to their legal representative or failing to act on the advice of those appointed by the union to represent them, the Executive Council may cancel the member s entitlement to this benefit. Funeral Benefit Members who are entitled to funeral benefit must have at least 13 weeks continuous membership, but this requirement may be waived at the discretion of the Executive Council The level of this payment shall be reviewed by the Executive Council every year, and published on the union s website, in its journal and in circular form to the branches and regions of the union. This payment will be available to the member s nominee, personal representative, widow, widower, partner or next of kin, on the production of satisfactory evidence that such person is responsible for the member s funeral arrangements and evidence this Should a member s partner die, the member will be entitled to half the level of benefit laid out in rule 6 clause 11 above In the event of any claim under this rule, either the member, or in the event of his or her own death, their nominee or other beneficiary listed in rule 6 clause 11, shall notify the General Office or the Regional Office or the member s Branch Secretary of the death concerned. The Branch Secretary or their Regional Office will inform the General Office of the union, having made the member or other beneficiary of this rule aware of the need to provide the documentary evidence outlined in rule 6.11 above. Trade Privilege Benefit In the event of members being authorised by the Executive Council to withhold their labour in an industrial dispute, in line with the procedures outlined in rule 11, they shall be entitled to trade privilege benefit. The level of this benefit will be decided by the Executive Council every year, but may be increased in exceptional circumstances at the sole discretion of the Executive Council All monies paid to finance industrial disputes called in accordance with rule 11 shall be exclusively paid from the trade privilege fund of the union. No call shall be made on any of the union s property or other assets to finance any industrial dispute under this rule All payments of industrial dispute benefit will be made from General Office The Executive Council may, at its sole discretion, authorise the payment of trade privilege benefit to members even if their length of membership or state of arrears would normally 9

10 preclude them from receiving this or other benefits under these rules. In the event of a member in arrears being entitled under this clause to receive trade privilege benefit, the Executive Council will deduct the amount of arrears due before paying the benefit. 7. RULE 7 Obligations of Members and Resolving Disputes between Members 7.1. All members of the union must comply with the duties and obligations imposed on them by these rules The union shall have the power to investigate/discipline any member in accordance with these rules, in circumstances where the body hearing the case reasonably concludes after investigation that a member has breached these rules or that his or her conduct has brought the union into disrepute In addition, but not exclusively, the Executive Council may proceed to discipline any member who: a) Libels or slanders the union, member or any official body of the union. b) Disrupts any meeting of the union. c) Uses offensive or inappropriate language in any meeting of the union. d) Improperly or fraudulently uses funds or property of the union. e) While representing the union at any meeting of any organisation outside the union, willfully speaks or votes in contradiction to the union s policies decided by the National Delegate Conference or Executive Council of the union. f) Is a member of another organisation whose objects and activities are demonstrably at variance with those of the union Any member, branch, Regional Council or the Executive Council may bring a charge against any other member that has breached these rules or that his or her conduct has brought the union into disrepute. Such a charge shall be heard by the Executive Council. Such a charge shall be made within 28 days of the alleged facts on which the charge is based coming to the attention of the member, branch Regional Council or Executive Council making the charge If having heard any charge under these rules referred to the Executive Council, and the Executive Council considers the charges brought to be frivolous or vexatious, the Executive Council may impose sanctions against the member(s) concerned as outlined below in rule 7 clause Disciplinary hearings under this rule shall be held under procedures laid down by the Executive Council and published on the union s website. All disciplinary proceedings within the union at every level shall also be governed by the principles of natural justice. 10

11 7.7. A charge may be brought against one member by another in a branch and may be resolved by the branch members present and voting at the next scheduled branch meeting following the Branch Secretary receiving the charge and providing a copy of it to member charged Having heard the evidence and submissions from member(s) and complainant(s), the members present in the branch shall have the following decisions available to them: a) Dismissal of the charge or complaint. b) Referral to the Regional Council for further action under these rules Should any charge under these rules be referred to the Regional Council, the Regional Council shall resolve the issue by members present and voting at the next meeting called for the purpose within 28 days, or longer by mutual agreement, of the Regional Secretary receiving written notice of the decision of the branch and a copy of the charge Having heard the evidence and submissions from the member(s) and complainant(s), the Regional Council shall have the following decisions available to them: a) Dismissal of the charge or complaint. b) Censure of the member(s) concerned. c) Where appropriate, suspension of the member(s) concerned from holding any lay office in the union for a specified period no greater than 1 year. d) Referral to the Executive Council for further action under these rules Should any charge under these rules be referred directly to the Executive Council or be sent to the Executive Council a Regional Council, the General Secretary shall decide whether to place the issue on the agenda for the next Executive Council meeting or to refer the issue back, in the first instance, to an appropriate branch or Regional Council for resolution. The Executive Council shall hear such a charge as soon as reasonably practicable which in the usual case will not be more than 56 days after receipt of the charge, at the General Office. In exceptional circumstances, the Executive Council may deal with the issues under this rule at a specially convened meeting of the Executive Council Having heard the evidence and submissions from the member(s), the Executive Council shall have the following decisions available to them: a) Dismissal of the charge or complaint. b) Censure of the member(s) concerned. c) Where appropriate, to suspend a member(s) from membership or entitlement to any or all benefits of the union for a specified period of time. d) Where appropriate, to suspend a member(s) from holding any lay office within the union for a specified period of time. e) Expel the member from membership of the union Following any of these disciplinary hearings, whether they have been heard by a branch, Regional Council or Executive Council, the member(s) charged and the complainant(s) shall 11

12 be notified of the decision reached by any of these union bodies. The Branch Secretary (branch), Regional Secretary (Regional Council) or General Secretary (Executive Council) shall send such written notifications to the member(s) and complainant(s) within five working days of the hearing Every written notification of the decision of any of these disciplinary hearings shall also inform the member(s) of their right to appeal against the decision taken, and the procedure to be followed should the member(s) so require to appeal in accordance with the provisions of this rule, set out below Nothing in these rules shall preclude the Executive Council from exercising the union s legal rights under the civil or criminal law against any official or member of the union or any other person. Appeals within the Union s Disciplinary Procedures Should any member(s) wish to exercise their right of appeal against any disciplinary decision of a branch or Regional Council, they shall appeal to the Executive Council within 10 working days of their receipt of the branch or Regional Council decision In the event of a member(s) activating this right of appeal in line with rule 7 clause 16, no decision of the branch or Regional Council shall be implemented until the appeals procedure outlined in this rule is exhausted The appellant or appellants shall have the right to appear at all levels of the appeals procedure accompanied if they so wish by a fellow member of the union Evidence that was not heard or considered at the original hearing will not be allowed at the appeal, unless the Executive Council is satisfied that it could not with reasonable diligence have been produced at the original hearing The Executive Council, after hearing any appeal, shall have the power to alter, amend, modify or quash the original decision of the branch or Regional Council Should any member(s) wish to appeal against any disciplinary decision of the Executive Council, they can appeal to the General Council of the union whose general powers, procedures and responsibilities are set out in rule 15. In so doing, they must specify in writing the grounds of their appeal against the decision of the Executive Council, within 10 working days of their receipt of decision If, on the evidence presented, the General Council decide that the appeal is frivolous or vexatious or both, they can dismiss the appeal immediately The General Council, after hearing any appeal, shall have the power to alter, amend or modify the original decision of the Executive Council, who will be bound by the General Council s decision The report of the General Council s decision shall be sent to the General Secretary of the union for onward transmission to the member(s), the branch, the Regional Council concerned and the Executive Council Evidence that was not heard or considered at the Executive Council hearing will not be allowed at the appeal, unless the General Council is satisfied that it could not with 12

13 reasonable diligence have been produced at the original hearing. 8. RULE 8 Branches 8.1. Following the acceptance of an application for membership at the union s General Office, each new member shall be allocated to a branch of the union nearest the member s home address The Executive Council shall establish branches based on specific groups of workers, workplaces or geographical locations as they see fit The Regional Secretary, Regional Council and the Branch Secretaries shall have the responsibility for recommending appropriate changes to the branch structures in their region Branches of the union shall meet monthly, with a quorum of two branch members. However, with the approval of the Executive Council, branches may meet more or less frequently. In particular, branches may call specially summoned branch meetings which shall strictly confine themselves to the issue(s) specified in the summons. The branch shall advise the Regional Secretary of any Summons Meeting Notwithstanding the provisions of rule 8 clause 5 above, every branch shall meet at least every quarter on what are known as star nights, the dates of which are indicated on every member s contribution card with the sign of a star (*). Star Night meetings may only be held in the first fourteen days of March, June, September, December Each branch will have a Branch Fund, authorised by the provisions of rule 24. The detailed instructions for administering this fund shall be found in the Branch Officers Handbook. Every Branch Secretary shall have a copy of the Branch Officers Handbook at each branch meeting and it will be published on the union s website. If there is no elected Branch Treasurer or they are not present at the meeting, the Branch Secretary will perform all of their duties Each Branch Fund will be allocated 2.5% of the branch s previous quarterly income. The branch may then draw down such funds from General Office to pay branch administrative expenses, to take part in recruitment and other campaigns decided on by the Executive Council or the Regional Council, for local affiliations, to assist members and their dependents in need, and for any other local cause in sympathy with the objects of the union However, no branch funds can in any circumstances be spent on taking legal proceedings, financing political matters or supporting any industrial dispute undertaken by the union s members not sanctioned by the Executive Council. No political donations shall be made except from the Political Fund as described in rules Each branch may affiliate to and send delegates to the appropriate Trades Councils, constituency Labour Parties and other organisations to which the union is affiliated nationally. However, a branch shall not support or participate in the affairs of any other organisation without the prior consent of the Executive Council. 13

14 8.10. Each branch shall have a set of standing orders for the conduct of branch meetings which shall be consistent with the Branch Officers Handbook. From time to time, the Executive Council shall issue a set of model standing orders which will be included in the Branch Officers Handbook. Each branch can adapt these model standing orders to suit their local circumstances Members will be admitted to branches other than their own on production of their membership card, and shall be permitted to speak but not vote Employees of the union may attend branches at the invitation of any branch committee, and may speak (at the invitation of the Branch President) but not vote The Branch President shall preside at all branch, branch committee and specially summoned meetings. In the President s absence, branch members will elect a President for each separate meeting. The President shall have a vote at all meetings of the branch, but will not have a casting vote The Branch Treasurer shall attend all branch, branch committee and specially summoned meetings, receive all monies paid by members into the branch, keep and present to the branch its financial activity at each meeting, take charge of the branch s banking documents and have oversight of the payment of benefits to members The Branch Secretary shall attend branch, branch committee and specially summoned meetings. The Branch Secretary shall receive and update membership information from the General Office, take and distribute branch meeting minutes, assist the Branch Treasurer with any financial correspondence sent to the Secretary and deal with all other branch correspondence The responsibilities of all branch officers of the union shall be conducted in accordance with the branch standing orders and the requirements of the Branch Officers Handbook The Regional Secretary may, where a branch is unable to elect a Branch Secretary, appoint a full-time officer of the union to act as Branch Secretary until the branch elect a new Secretary from among members of the branch All the books, papers and effects of the branch shall be the property of the union and on request by the Executive Council, shall be produced for inspection and audit The President of the branch shall be elected at the March star night meeting, while all other officers of the branch shall be elected on the star night meeting in September each year for a period of office of one year. All members shall be eligible for election as branch officers, and must not be more than six weeks in arrears with their contributions and have been members for at least thirteen weeks The requirements of rule 8 clause 21 do not apply to new branches which shall elect their officers at their first meeting All branch officer elections required by this rule shall be held by a show of hands at the designated branch meeting. 9. RULE 9 Branch Officers /Lay Members Allowances 14

15 9.1. The President, Secretary and Treasurer of each branch shall be entitled to receive allowances in connection with their duties as follows: President 1% of annual branch income or not less than 5 per quarter. Treasurer 2% of annual branch income or not less than 10 per quarter. Secretary 5% of annual branch income or not less than 20 per quarter All payments to branch officers shall be made quarterly by direct transfer to branch officers bank accounts (BACS) from the General Office of the union No full-time officer who is holding branch office shall be entitled to any payment under this rule Any branch member, officer or committee member who is delegated to attend any meeting on behalf of the branch/union shall be eligible to receive payment at a level to be decided by the Executive Council every year. The Executive Council will also set the level of any overnight expense allowance and daily subsistence payments payable to branch members, officers or committee members when incurred Members covered by this rule shall also be entitled to travel expenses on production of bus or train tickets or by claiming a mileage allowance decided annually by the Executive Council. 10. Rule 10 Regions and Regional Councils The Executive Council shall have the power to group branches together into geographical regions for further securing the organisational and administrative objects of these rules. Each region shall have a regional office and regions shall be able to open other offices within the region with the permission of the Executive Council. The Executive Council shall have the power to change the boundaries of regions depending on the Executive Council s judgement of the organisational requirements of the union. Before implementing any changes in regional boundaries, the Executive Council shall consult with the branches and Regional Council(s) There shall be a Regional Council in each region of members elected from branches within the region. The Regional Council shall strive to implement the policies of the union and provide assistance in securing the effective administration of the union within the region In particular, the Regional Councils shall monitor and direct local recruitment activities, direct members towards educational opportunities both within and outside the union and receive reports from the Regional Secretary concerning the state of key industrial sectors and related issues in the region The membership of each Regional Council shall not exceed nine, subject only to rule 10 clause 18. The allocation of members of the Regional Council to be determined by the following criteria. 15

16 (a) If the percentage contribution income of a region is 10% or less of the total income of the union, the number of Regional Council members shall be 5. (b) If the percentage contribution income of a Region is 11% to 15% of the total income of the union, the number of Regional Council members shall be 7. (c) If the percentage contribution income of a region is greater than 15% of the total income of the union, the number of Regional Council members shall be 9. Where regions are entitled to fewer than nine members the Executive Council in consultation with the region can increase the number of Regional Council members to take account of any specific industrial or geographical considerations. The quorum for Regional Councils shall be 50% of its membership Regional Councils shall place the region s branches into groups known as divisions in order to form viable electoral divisions within each region. They shall notify the Executive Council of these divisions, along with any changes they might make to the list of branches within each division Regional Councils shall meet monthly, and the Regional Secretary shall be the administrative officer of the Regional Council, responsible for calling the meetings, drawing up the agenda after consultation with the Regional Council Chairperson and for arranging for minutes to be taken and distributed to branches Regional Councils shall be provided with model standing orders by Executive Council. In the event that they need to amend details of the standing orders to meet the particular requirements of the region, they can seek the Executive Council s permission to do so In addition to the Regional Secretary acting as the Regional Council s administrative officer. Each Regional Council shall elect from its own members a chairperson and vice-chairperson to act as a committee charged with organising the work of the Regional Council in line with its model standing orders, including the setting up of industrial committees to manage the union s work in specific parts of the construction and other industries No Regional Council shall adopt policies or pursue activities that contradict or undermine the policy positions taken by the Executive Council or the union s National Delegate Conference Each Regional Council shall be responsible for the election or appointment of delegates to regional committees or conferences of organisations to which the union is affiliated nationally. In the event of it appearing unclear as to which Regional Council should send delegates to which bodies, the Executive Council shall rule on the matter % of contributions income collected by or credited to any branch in a region shall be credited by the General Office quarterly in arrears to the Regional Fund of the Regional Council for Regional purposes. Candidates for election to the Regional Council shall have been members of the union for at least 26 weeks, and shall not be more than six weeks in arrears with their contributions on the day the election date is announced by the Executive Council Candidates for election to the Regional Council shall be nominated at branch meetings held on star nights. Each branch may nominate candidate(s) for the Regional Council to a maximum number equal to the same as the number of seats within their constituency on the Regional Council. The nomination(s) and the 300 word election address(es) of the 16

17 successful nominee(s) shall be sent to the Regional Secretary within seven days of the star night nomination meeting Not more than one candidate can be elected to the Regional Council from any one branch within the region, except in circumstances outlined in rule 10 clause Once the Regional Secretary has received the nominations from the branches across the region, he/she will arrange for elections to take place where necessary. These elections will be held during the next round of Star Night meetings. The Regional Secretary will send the names of candidates and their election addresses to branches within the region The Regional Secretary will make arrangements for the ballots to be held in the branches by show of hands, and he or she will collate the branch returns and notify the candidates and branches of the results. Should they so wish, candidates can be present when the voting returns are opened In addition to the number of seats for each region decided upon by the Executive Council as outlined in rule 10 clause 4 above, where the union has over 100 women members in a region, the Regional Council will be entitled to an additional women s seat, elected by all the members in the region but where only women members can be candidates In the event that this women s seat remains unfilled at any time, the Regional Council may co-opt a woman member onto the Regional Council Members elected shall remain in office for five years and shall be eligible for re-election In the event of any Regional Council seat falling vacant, there shall be a by-election in accordance with the election procedure outlined in this rule, unless there is a period of less than one year remaining of the term of office of the previous incumbent in which case the seat may be left unfilled. 11. RULE 11 The Powers and Duties of the Executive Council Subject only to the other provisions of these rules, the government, management and control of the union shall be vested collectively in the Executive Council (EC). In order to promote the interests of the union or any of its members, the Executive Council has the power to do such things, that are consistent with these rules, the objects of the union and the policies decided by the union s National Delegate Conference In particular, and without limiting the general powers conferred on the Executive Council by these rules, the Executive Council shall have the power to: a) Delegate such of its powers as it sees fit to the General Secretary or any committee established for any specific purpose consistent with these rules. b) Delegate to any member or employee of the union the power to represent and act on behalf of the union. c) Institute audits or examinations of the accounts of the union or any individual branch, region or member or employee delegated to represent the union. 17

18 d) Appoint or remove the union s financial auditors after an annual review of their performance. e) Be responsible for the union s finances, investments, and purchase or sale of property and equipment necessary for the union s work as detailed in rule 24. f) Appoint all employed full-time officers of the union, subject to the provision of rule 20. All contracts of employment for all employees of the union shall be approved by the Executive Council. g) Decide according to these rules the levels of contributions and benefits payable within the union. h) Open or close branches of the union, decide constituencies for union elections, and set boundaries to union regions in line with the provisions of these rules. i) Institute or defend legal proceedings on behalf of the union, any group of members or an individual member or their dependents. j) Call conferences or meetings of the members. k) Decide questions of policy between National Delegate Conferences where previous decisions of the National Delegate Conference and/or the Executive Council are silent on particular policy issues under discussion by the Executive Council. l) Decide any question relating to the meaning or interpretation of these rules, and subject only to the provisions of rule 15, such decisions shall be binding on all members of the union. m) Decide any question on which these rules are silent, and are subject only to the provisions of rule 15, such decision shall be binding on all members of the union In particular, subject only to the provisions of rule 11 clause 4, only the Executive Council shall be responsible for the calling, authorising and ending of industrial disputes The Executive Council may delegate its powers under rule 11 clause 3 to the General Secretary between meetings of the Executive Council. The General Secretary shall report all actions taken under this clause to the Executive Council at their next meeting The Executive Council shall set up such sub-committees, working groups or project teams as the Executive Council shall see fit and define their membership, remits and standing orders. The Executive Council may delegate such of its powers to such bodies as it sees fit The Executive Council shall meet monthly, or at other times if the General Secretary, after consultation with the Chair of the Executive Council, decides a special meeting is needed. The Executive Council shall have the power to establish its own standing orders for all matters not specifically provided for in these rules, and shall have a quorum of five voting members The General Secretary shall attend all meetings of the Executive Council and may attend any of their sub-committees with powers to speak but not to vote In the event that the Executive Council is of the opinion that the General Secretary is in breach of these rules, or his or her contract of employment, or is in any way unable to fulfil 18

19 his or her duties, such issues shall be dealt with under the terms laid out in rule 18 clauses EC minutes shall be minuted and distributed to regions and branches Notwithstanding previous rules the EC shall, during their term of office, be under the control of the GC, and any act or resolution of the EC may, on appeal by any member or member, branch or Regional Council, be set aside by a resolution of a GC meeting. 12. RULE 12 Election of the Executive Council: Nomination Procedures The Executive Council shall consist of lay members. Each region of the union will elect one Executive Council member In addition, one member who is a woman and one member who is a member of a black and ethnic minority shall be elected to the Executive Council The one seat for women and the one seat for black and ethnic minority members will be elected at the same time by a postal ballot of the whole membership However, the constituency for the women and black and ethnic minority members seats will be the whole union Membership of the Executive Council will be by election every five years. In the event of an Executive Council seat becoming vacant for whatever reason during the five-year period, a new election will be held according to these rules for the unexpired period of office, unless the vacancy occurs with less than twelve months remaining of that term of office in which case the vacancy shall remain unfilled Each valid nominee for the Executive Council shall have at least three years consecutive membership of the union and not be more than six weeks in arrears of contributions on the night of nomination at the next available branch star night determined by the Executive Council Each valid nominee for election to the Executive Council will have been a member of a branch within the region for three consecutive years No full-time officer or employee of the union is eligible to seek nomination for or hold office on the Executive Council No member will be entitled to be a valid candidate in an Executive Council election if they are also a member of another external organisation, any of whose objectives are in contradiction to the objects of the union set out in rule Nominations for the Executive Council will be called for on the appropriate branch March star night every five years. Each branch may nominate no more than one member for each of a regional Executive Council, and national women s, and national black and ethnic minority seat on the Executive Council Each valid nomination for all regional Executive Council seats will require the support of at least three branches within any one region. 19