ࡱ>  -/ !"#$%&'.@ LbjbjFF 9|,,+  PPP8QLfSt &WW"XXXXXX$R9:ʈ XXʈ XX߈:d X X.$aHb @ XW WP0lr,ts(Ps s XrYh as5|_ XXXʈʈ drx r TABLE OF CONTENTS PAGE RULE 1 Name 1 RULE 2 Objectives 2 RULE 3 Membership 3 RULE 4 Members Entitlements and Obligations 4 RULE 5 Structure 7 RULE 6 Branches 8 RULE 7 Regional Structure 13 RULE 8 National Organisation 17 RULE 9 Officers 27 RULE 10 Conferences 32 RULE 11 Finance 44 RULE 12 Political Fund 47 RULE 13 Industrial Action 53 RULE 14 Discipline 54 RULE 15 Alteration of Rules 57 RULE 16 Amalgamation 59 Rule 1 Name 1. The name of the Union shall be the Communication Workers Union (CWU). 2. The name Communication Workers Union or the initials, or logo of the Union shall not be used in the title or description of any other organisation or publication without the authority of the National Executive Council (NEC). Rule 2 Objectives 1. The objectives of the Union shall be: To unite and organise all those entitled to be members. To protect and promote members interests and maintain and improve their working lives; To regulate the relations between members and their employers, and between members; To secure the greatest possible measure of effective participation by the Union and its members in all decisions affecting their working lives as determined by these Rules; To actively oppose all forms of discrimination based on race, creed, religion, age, political affiliation, disability, marital status, sex or sexual or gender orientation in industry, the Union and society in general. To this end the CWU shall actively oppose any organisation, political or otherwise, whose aims are racist or fascist; To promote and encourage proportionality and fair representation of all members, in industry, the Union and society in general; To actively identify any cause or barrier that prevents the Union being fully representative of its members. This shall include positive action in favour of women and ethnic minorities until such time as the Union is satisfied that its structure reflects and supports the gender and racial balance of the members it represents; To promote, organise and facilitate access to adult education to enable members to advance their skills for life. To further these objects by political means, including, where appropriate, by use of its Political Fund; To affiliate to and participate in such organisations as Annual Conference or the NEC decide are in the interests of the members. NEC decisions shall be subject to ratification by the subsequent Annual Conference. Rule 3 Membership 1. Membership 1. Union membership shall include: All relevant persons in the wider communications, financial services, information technology and related industries and in all businesses where the Union has recognition; Retired Members i.e. ex-members who have formally retired. Officers of the Union and groups or persons as the NEC may, from time to time, determine. 2. Admission Each applicant for membership shall complete an application form, which shall then be forwarded, normally by the Branch, to the Head Office of the Union. 2. Members applying for retired membership must submit their application form within 26 weeks of retiring. 3. Each completed application form shall contain a declaration signed by the applicant that they accept the conditions of membership. 4. The acceptance of an application for membership by the NEC shall confer upon each member all the rights and privileges of the Union. However, no member shall be entitled to retrospective benefits or services. Rule 4 Members Entitlements and Obligations 1. Members of the Union are entitled to: be treated with respect and courtesy by Union staff, officials and members; seek local assistance and advice from their Branch on any work related problem and, where appropriate, to be represented by the Union before their employer and in agreed circumstances before external bodies; have appropriate matters raised with the Union dealt with promptly and efficiently; attend and take an active part in the Branch Annual General Meeting and all other appropriate membership meetings pertaining to their place of work; stand for Union office in accordance with the Rules and Branch Constitution; vote in all national and local elections in accordance with the Rules and Branch Constitution; receive appropriate benefits and as negotiated by the Union either nationally or locally and appropriate legal services at the discretion of the NEC in accordance with published procedures; apply for assistance from the National Welfare Fund and/or, where such exists, local Welfare Fund; receive a copy of the Union journal; receive a national certificate of recognition upon completion of twenty-five years continuous membership in accordance with published procedures. 11. receive a death benefit consisting of a payment to the spouse, next of kin, or other legal assignee, in the sum of 546 should the member die whilst in membership of the Union, and this to be increased each year on 1 October commencing in 1992 based on the average Retail Prices Index and Average Earnings Index, the averaged out increase to be applied, and it shall be the responsibility of the NEC that these provisions are implemented. 2. Members are obliged to: treat Union staff, officials and members with respect and courtesy; support and promote the Unions objectives; promote the CWUs role in the workplace; take an active part in the Unions decision making processes; respect the Unions democratic processes and decisions; inform the Union of changes to their membership details; ensure their Union subscriptions are kept up to date. 3. Union Awards 1. Branch Honorary Membership a) This may be conferred upon ex-Branch members no longer eligible for full membership who have rendered distinguished service to the Branch. b) It may also be conferred upon a National Officer of the Union provided such an Officer has been a member of, and rendered distinguished service to, the Branch. c) To secure election as a Branch Honorary Member, the nominee must receive a majority of two-thirds of those voting at a Branch meeting. 2. Regional Honorary Membership a) This may be conferred upon ex-members no longer eligible for full membership who have rendered distinguished service within the Region. b) It may also be conferred upon a National Officer of the Union provided such an Officer has been a member of, and rendered distinguished service to, the Regional Committee. c) To secure election as a Regional Honorary Member, the nominee must receive a majority of two-thirds of those voting at a Regional Committee meeting. 3. National Honorary Membership a) This may be conferred upon ex-members no longer eligible for full membership or others who have not been eligible for full membership who have rendered distinguished service to the trade union movement at national level over a period of years. b) Nominations may be made by a Branch or the NEC not later than 31st December. Nominations must be approved by a two thirds majority of the NEC members present. c) The names of approved nominees shall be submitted to the subsequent Annual General Conference for endorsement. 4. Union Gold Badge a) A Branch may apply to the NEC for this award to a Branch member, enclosing the service record and supporting case. b) The NEC at its absolute discretion may make an award in recognition of exceptional, long and/or meritorious service to the Union. c) The NEC shall have the authority to award this to members of Head Office staff and honoured guests of the Union considered to have made a meritorious contribution to the well being of the trade union and labour movement either nationally or internationally. 5. These awards shall be governed by regulations issued by the NEC. Rule 5 Structure 1. The Union shall consist of: Members; Branches; Regional Committees; Industrial co-ordinating structures; NEC; Industrial Executives; Constituencies; Officers and their staff. Rule 6 Branches General The Union shall be divided into Branches constituted under the authority of the NEC and subject to the Branch Model Constitution. In exercising this authority the NEC shall have regard to local circumstances, members wishes and the requirement for an efficient, financially viable organisation. The objectives of each Branch shall be to: comply with the Branch Model Constitution and authorised variations:; locally organise, recruit and maximise membership levels; protect and promote the interests of members in accordance with the Objectives and Rules:; keep members informed on local and national matters:; effectively consult members on local issues affecting their work:; implement the policies and directives of the NEC and its Industrial Executives:. 3. Where a Branch fails to fulfil its obligations in respect of organising and recruiting in any area, business or business division, the NEC may, either directly or via the Industrial Executives, consider allocating organising and recruiting rights, together with any existing members, to an alternative Branch. 2. Branch Members Each member shall belong to a Branch. In the event of any dispute the NEC shall determine the appropriate Branch. Each member is entitled to representation. Where a conflict of interests arises, the Branch shall inform the NEC and seek representation to resolve the conflict. 3. Branch Constitution All Branches shall operate according to the Model Branch Constitution that shall set minimum standards for every Branch. The NEC shall be responsible for publishing the Model Branch Constitution and ensuring its adherence. The Model Branch Constitution shall be mandatory. The Branch Constitution may be varied subject to agreement by the Branch and approval of the NEC. The Model Branch Constitution shall be subject to amendment by motion to General Conference. Any such motion shall require a two-thirds majority to be carried. 4. Branch Organisation Each Branch shall hold an Annual General Meeting by no later than 31st March of each year. Each Branch shall elect not less than: five Branch Officers;: Chair,; Secretary,; Treasurer,; Equality Officer,; Political Officer; and six other Committee members. The Committee shall perform those tasks defined in the Model Branch Constitution. Between AGMs each Branch shall hold regular Branch Committee or membership meetings for the effective governance of the Branch. A Branch shall not instruct or permit any Branch Officer to act in a manner contrary to the Rules and Objectives or prevent them from acting in accordance with the Rules and Objectives of the Union. Each Branch shall maintain accurate and up-to-date membership records. Each Branch may affiliate to and participate in the appropriate local Trade Union Councils, Labour Parties and other organisations to which the Union is affiliated nationally. However, a Branch shall not support or participate in any other organisation without prior consent of the NEC. Branches may communicate directly with other Branches of the Union, but shall not directly communicate with lay members of another Branch. 8. Branches shall, when applicable, establish Retired Members sections which shall be entitled to elect a Section Committee to deal with retired members problems. The Branch shall appoint an Officer or Committee member of the Branch to service the retired members section. 5. Equality Each Branch within its area shall ensure fair representation of all members, in terms of race, creed, religion, age, political affiliation, disability, marital status, sex or sexual or gender orientation. Each Branch shall strive to ensure proportionality in Branch organisation and leadership. 6. Constituency Sections Where a Branch has members in more than one Constituency, as defined in the rRules,ules, it shall establish Constituency Sections. A Constituency Section shall have autonomy to deal with matters specific to the members of the Section. A Constituency Section shall be officered by a Secretary and Chair elected by and taken from its members. The Secretary of a Constituency shall, as a minimum, be an Assistant Secretary of the Branch. A Branch must ensure that each Constituency Section is granted a fair share of Branch resources and, where applicable, facilities. All Constituency Sections have the right to be represented at Annual Conference. At every session of the Unions Conference, upon the determination of occupational and constitutional issues, a Branches with Constituency Sections may, where a common Branch policy cannot be agreed, divide theirits votes, including card votes, on a Constituency basis. Single Constituency Branches and Constituencies within a Branch willshall have authority to form such business and divisional sections as are required to meet occupational needs. 7. Branch Mergers The procedure to be followed when Branches wish to merge shall be as follows: Branches shall notify each of their respective members of the intention to consider the matter at a specially convened meeting of the Branch; Branches shall notify the General Secretary in writing of their intention; The GS shall bring the matter to the attention of the NEC, which shall at its discretion authorise the following merger procedure to commence: d) Branches given the consent of the NEC to proceed Branches shall hold, in each Branch wishing to merge, an individual membership ballot on the question. All members of the Branches concerned shall be notified of the ballot, the and timetable governing it, and shall be given the opportunity to vote; The merger shall proceed if a majority of those participating in each Branch ballot vote in favour. 8. Branch Finance 1. The Branch financial year shall be from 1 January to 31 December.Each Branch shall prepare annual balances, including a bank statement certifying the balance in hand of every account held by the Branch, which shall be submitted to CWU HQ Finance Dept by no later than 28 February each year,unless CWU HQ gives notice of an alternative date.All financial vouchers shall be retained for at least two years from the date of the year-end concerned.Statements of account, bank statements and balance sheets shall be retained for not less thanat least seven years. 2. Every year each Branch shall produce a financial plan for the following year, which shall: be agreed by the Branch Committee, published to the members and lodged as a record at CWU HQ Finance Dept.; show expected income based on membership figures at the time the plan is agreed by the Branch; include detailed planned expenditure, following the principle that such expenditure shall not exceed income; identify the purpose of any annual surplus and the intention to use it on behalf of the members; be lodged as a record at CWU HQ Finance Dept. reportedbe reported on, against performance to date, to each Branch Committee meeting. 3. Separate and distinct accounts shall be kept for each scheme or fund for which the Branch is responsible i.e.e.g. General Account, Savings Account, Welfare Fund, Political Fund, Savings Account etc. 4. BranchesEach Branch shall be required to keep proper accounting records compatible with CWU HQ Finance Dept systems. 5. Each Branch shall maintain a register of property and equipment showing cost and date of purchase, and retain all receipts for such until disposal of the property or equipment.All property purchased through the use of membership subscriptions shall remain the property ofthe C.W.U. 6. At least two signatures shall be required for any withdrawals from any account held in the Branch name. 7. A current statement of Branch accounts, including all relevant books and supporting vouchers, shall be presented for inspection and approval at each Branch Committee meeting and shall then be signed by the Branch Chair and Secretary. 8. Branch Auditors a) The Branch AGM shall elect Ttwo Branch Auditors, who shall not be Branch Officers or Branch Committee members., shall be elected at a General Meeting and tTheir names irshall be circulated to members and notified to CWU HQ Finance Dept immediately followingupon their election. b) The Branch Auditors shall examine and audit all Branch Accounts to ensure accuracy and shall have the right to examine and question the Branch Finances, financial policy, income and expenditure on behalf of the lay membership.All vouchers, receipts, bank statements, documents, accounts books, remittance forms and ledgers shall be examined to verify accuracy or otherwise.Auditors shall also verify all cash at the Bank and shall satisfy themselves that all Branch income and expenditure is accounted for. c) The Branch aaAuditors shall produce a signed statement to Branch members and copy it to CWU HQ Finance Dept declaring they have executed their responsibilities. 9. CWU HQs Finance Dept, on the advice of the CWU national chartered accountants, shall be responsible for and fund the annual auditing of as many Branch accounts as is deemed necessary. 10. Branches shall not use chartered accountants unless authorised in writing by the SDGS; and such accountants shall be appointed by CWU HQ Finance Dept. 11. The SDGS or appointed professional representative shall have the right to examine, on demand, all Branch records of accounts and bank statements and to attend Branch meetings to take part in debates on the Branch Accounts. 6.8.12 The SDGS shall have the right to attend Branch meetings to take part in debates on the Branch Accounts.The SDGS or appointed representative shall have the right to examine, on demand, all records of accounts and bank statements and attend Branch meetings to take part in any debate or discussion on the Branch Accounts. 1312. To ensure reimbursement Branch claims due to be met by CWU HQ must be forwarded within 3 months of the activity in order to ensure reimbursement. For the production of year-end accounts, CWU HQ shall notify all Branches of the final dateyear-end cut-off date for such claims to be made. 1413. Each Branch may allocate up to 5% of rebate income for the remuneration of their officials. The individual amounts to be paid shall be determined by the AGM. The responsibility for reporting payments made, to the appropriate Inspector of Taxes, rests with the Branch. 1514. Each Branch may establish a Welfare Fund by the transfer of not more than 5% of rebate income in each year. The Fund shall be used for giving financial and/or other assistance to members in appropriate circumstances. A Welfare Fund shall be administered by Trustees elected at the AGM in accordance with Regulations approved by the NEC. 15. 6.8.16 When a Branch is closed all of its funds and financial documents shall be forwarded to the SDGS. andAll assets shall become the property of CWU HQ administered by the SDGS and no party-one else shall have any claim on them unless determined by the NEC. 16. Each Branch shall make provision in its constitution to ensure compliance with these rRules. Rule 7 Regional Structure 1. Regional Committees 1. General 1. There shall be 10 Regional Committees established. Regional Committee areas, and the allocation of Branches to them, shall be determined by Annual Conference. (Where the NEC and the Branches concerned agree, changes may be made without reference to Annual Conference. Where agreement cannot be reached a report shall be made to Annual Conference). 2. Regional Committee Constitutions 1. Regional Committees shall adopt and operate the Model Constitution approved by the NEC. 2. The Constitution of Regional Committees shall be subject to review and approval by the NEC from time to time as may be requisite and no Regional Committee shall amend or alter any terms of its Constitution without the approval of the NEC. No Regional Committee may adopt any by-law or standing order at variance with the Constitution approved by the NEC or at variance with these Rules. 3. Authority and Functions 1. The authority and functions of Regional Committees shall be incorporated within the Constitution of the Regional Committees. 2. Regional Committees may only exercise such powers, perform such functions and discharge such duties as may from time to time be delegated to them or each of them by the NEC or Annual Conference. 3. Regional Committees shall not instruct, authorise or permit an Officer of the Regional Committee to do any act which is contrary to these Rules, or to refrain from doing any act which he/she is required under the Rules to perform. 4. No Regional Committee shall have read to it any unauthorised circular or address relating to the conduct of the Union or its business or to the conduct of its Officers or members. 5. A Regional Committee shall on receipt of an unauthorised circular or address send both the envelope and the circular to the General Secretary immediately. 6. Regional Committees will have an entitlement to submit items for General and Rules Revision Conferences but this will be subject to a review after the first year by the NEC and anytime after that as required by the NEC. 4. Regional Committee Officers 1. The Officers of the Regional Committee shall be the Regional Chair, the Regional Secretary and Assistant Secretary. 2. The duties and responsibilities of the Regional Committee Officers shall be detailed within the Regional Committee Constitution. Regional Committee Officers shall be elected annually, using the election procedures detailed in the Regional Committee Constitution. 3. To be elected for any Officer position, a candidate must receive more votes than any other candidate and receive more votes in their own Constituency than any other candidate. This will be subject to a review after the first year by the NEC and anytime after that as required by the NEC. 5. Meetings 1. The Regional Committee shall meet four times in each year. Additional meetings shall be held if authorised by the NEC in response to a written request from a Regional Committee to meet special circumstances or emergency developments. 2. Decisions of the meeting will be by consensus of those Branches in attendance. This will be subject to a review after the first year by the NEC and anytime thereafter as required by the NEC. 6. Composition 1. The Regional Committee shall be composed of Regional Chair, Regional Secretary, Assistant Secretary and delegates from Branches (the delegation strength of each Branch shall be detailed in each Regional Committee Constitution). 7 . Annual Conference 1. Regional Secretaries when they are not Branch delegates shall attend Conference in an ex-officio capacity having the right to speech but no voting powers. They may participate in the discussion at Conference on the specific request of their Regional Committee or of a Branch within that Committee. 8. Financial Arrangements 1. When attending meetings of the Regional Committee or engaged on other authorised Union business, Regional Chairs and Regional Secretaries and Assistant Secretaries shall be paid travel and subsistence entitlements. 2. Regional Chairs, Secretaries and Assistant Secretaries shall be paid an honorarium, the amount to be determined by the NEC/Annual Conference minus income tax per annum. 3. Any member of the Union holding more than one position for which an honorarium is paid from national funds shall only be paid one honorarium. The largest honorarium appropriate to the position held shall be the one paid. 2. Regional Womens Committees 1. There shall be a cross Constituency Womens Committee in each Region. 2. Regional Womens Committees shall adopt and operate the Model Constitution approved by the NEC. 3. The purpose of Regional Womens Committees shall be: a) to encourage and promote the participation of women within the Union. b) to report to the Regional Committee on matters raised at the Regional Womens Committees. c) to work with the Regional Officers to promote and protect the interests of women within the Regions. 3. Retired Members 1. There shall be Retired Members Regional Councils based on the existing CWU Regional Committee Structure. 2. Delegates to the Retired Members Regional Council shall be retired members of their branch. 3. Each branch shall be entitled to send one delegate to the Retired Members Regional Council. 4. The Retired Members Regional Council will appoint a convenor as required. 5. The Retired Members Regional Council shall meet at least twice a year. 6. The Retired Members Regional Council shall be funded from the General Fund. 7. The Retired Members Regional Council shall send one delegate to the CWU Regional Committee. 4. Regional Organisation (Postal and Operator & Ancillary Constituencies) 1. Scottish Council 1. The Scottish Council is a voluntary association of Branches of the Union in Scotland working under a Constitution approved by the NEC. 2. The cost of not more than four meetings of the Committee of the Scottish Council in any one year shall be payable from the general funds of the Union. Delegates expenses of the Council shall be borne by the affiliated Branches. The Secretary of the Scottish Council, when not a Branch delegate, may attend the Annual Conference of the Union in an ex-officio capacity, having the right of speech but without voting powers; expenses shall be borne by the General Fund. He/She may participate in the discussion at Conference on the specific request of his/her Council or of a Branch within that Council. 3. The Scottish Council shall not be empowered to submit motions for the Conference Agenda, nor to submit nominations for representative positions which are subject to the vote of Conference. Rule 8 National Organisation 1. National Executive Council (NEC) 1. There shall be a NEC responsible for: a) implementing the decisions of General Annual/General Special Conferences; b) the general management and control of the Union between Annual/Special Conferences during which periods it shall have supreme authority on all issues except those which are within the remit of the Industrial Executives; c) the allocation of each member to one of the Constituencies, which shall be defined by both industry and grade, but where common grading systems exist, duties and industry shall be the criteria for allocation; d) varying the composition of the Constituencies. Any such change requiring the support of two-thirds of the NEC including a simple majority within each of the Constituencies. 2. The NEC shall comprise 29 voting members: a) President and Vice President, but their inclusion shall not increase the numbers from their originating Constituencies; b) 16 lay members elected annually, 15 of whom shall be elected by and taken from the Postal Constituency and 1 of whom shall be the Chair of the O&A Constituency elected by and taken from the O&A Constituency. c) 8 lay members elected annually, 7 of whom shall be elected by and taken from the Engineering Constituency which shall include the Chair and Vice Chair of the Engineering Constituency and 1 of whom shall be elected by and taken from the PTS Constituency. d) 5 lay member elected annually by and taken from the Clerical Constituency which shall include the Chair and Vice Chair of the Clerical Constituency. 3. Annually elected members of the NEC shall begin their term of office on the day after the close of Annual Conference. 4. The lay members of the NEC shall automatically be members of the respective Industrial Executives. 5. In order to assure equitable distribution of resources to the various Constituencies within the Union, the annual budget shall require a two-thirds majority of the lay NEC members present. 6. The NEC shall be responsible for allocating resources to sustain industrial action authorised in accordance with the Rules. 2. President and Vice President The Union shall have a national President and Vice-President. These offices shall rotate annually between the Chairs of each Industrial Executive. The President shall Chair the NEC and preside at General/Special Conference. The Vice-President shall deputise for the President. The President is the principle lay-official of the Union and shall be responsible for ensuring the Union acts in accordance with its Rules. The President may intervene and rule on the inclusion of any motion before General/Special conference deemed to be outwith the Rules. Where any ambiguity arises regarding the interpretation of the Unions rules, the President shall make a ruling. Subject to relevant standing orders, the Presidents ruling on any such matter shall be regarded as final. The President shall be kept informed of any national discussions impinging upon the CWUs status as defined by the Rules. 3. Sub Committees 1. General The NEC shall set up such committees as it considers necessary for the efficient governance of the Union. The structure and procedures of sub-committees shall be contained in regulations agreed by a two-thirds majority of NEC members present and shall be published to Branches. However, there shall be the following sub-committees: Finance; Discipline; Equal Opportunities; Health, Safety and Environment. 2. Equal Opportunities Sub-Committee The Committee shall comprise eight members of the NEC, each of whom shall be a member of one Equal Opportunities Advisory Committee; together with the Chairs of the Advisory Committees attending in an advisory capacity. The Committee shall: a) be the national focus for progressing equality issues within the NEC remit; b) ensure the Unions policies on equal opportunities issues are implemented; c) make recommendations to the NEC on relevant equal opportunities issues; d) promote and campaign on equal opportunities issues with the Equal Opportunities Advisory Committees in accordance with the decisions of Annual Conference and the NEC; e) receive reports and consider recommendations from the Equal Opportunities Advisory Committees and co-ordinate their activities in areas of common interest. 3. The Health, Safety and Environment Sub-Committee shall: a) be the national focus for progressing those health, safety and environment issues impacting across more than one industry; b) ensure the Unions policies on health, safety and environment issues are implemented; c) make recommendations to the NEC and Industrial Executives on relevant health, safety and environment issues; d) promote and campaign on health, safety and environment issues; e) carry out the decisions of Annual Conference and the NEC on health, safety and environment issues. 4. Co-ordinating Organisation The NEC shall be responsible for funding industry related co-ordinating machinery and for maintaining a coherent organisational structure subject to the full involvement of the Industrial Executives in determining and endorsing the operational arrangements. 4. Industrial Executives 1. There shall be: a Postal Executive; a Telecoms & Financial Services Executive. 2. Each Industrial Executive shall be responsible for: a) implementing Industrial Conference decisions; b) dealing with and implementing decisions on all occupational and conditions of service issues exclusively within its remit between Annual Industrial Conferences; c) ensuring appropriate organisation exists below national level to co-ordinate industrial activity. d) ensuring the appointment/election of such Trustees to employee pension funds as required and shall seek endorsement by the appropriate Industrial Conference. 3. Minutes of Industrial Executives shall be submitted to the NEC for information. 4. The Industrial Executives shall convene policy forums as appropriate. 5. The Industrial Executives shall be obliged to consult the membership affected by any major agreement. If a proposed major agreement concerning the terms and conditions of employment, including hours and pay, has not previously been approved by an Industry Conference, before such a proposed agreement is signed the Industrial Executive must consult the Branches or members concerned by either Branch or individual ballot, as appropriate, the result of which shall be binding on the Industrial Executive. In the event of Branches or members deciding that a proposed agreement be rejected, the Industrial Executive shall, if it desires, place the matter before a Special Conference. 6. Industrial Executives may authorise industrial action in line with the Rules. 5. Postal Executive (PE) 1. The PE shall be responsible for occupational and conditions of service issues for all Postal and related employers where the Union is recognised and shall ensure appropriate business co-ordinating committees exist below national level in all Royal Mail and other postal businesses. Such organisation shall only be altered by decision of a Conference or ballot of the relevant membership. 2. Members of the PE shall deputise for the Assistant Secretaries Postal in their absence/unavailability in dealing with the employer within their remit. 3. The PE shall consist of the following members: a) 15 lay members of the NEC elected annually by and taken from the Postal Constituency of whom 2 shall be the Chair and Vice Chair; b) 2 members elected annually by and taken from the PTS Constituency; c) The DGS(P) and the 5 Assistant Secretaries who deal with postal issues, but they shall have no voting powers. 4. The Chair and Vice Chair of the PE shall be elected annually by and taken from members of the Postal and PTS Constituencies by a simple majority of those members entitled to vote. 5. Members of the Postal and PTS Constituencies shall be eligible for nomination for both the Chair and Vice Chair positions and shall also be eligible for nomination to other PE seats in their respective Constituency. 6. The positions of Chair and Vice Chair shall not increase the number of annually elected members. Consequently, the Constituency from which the successful candidate for Chair is taken shall have its total entitlement reduced by one, and the Constituency from which the successful candidate for Vice Chair is taken shall have its total entitlement reduced by one. 7. Officerial Arrangements a) There shall be no sub-committees for any groups or grades within the PE, but the Officer(s) concerned shall be available to meet with PTS representatives at any time and shall ensure regular discussion of PTS issues. b) Typists and Secretarial grades shall be allocated an Officer who shall ensure regular contact with their representatives. 6. Telecoms and Financial Services Executive (T&FSE) 1. The T&FSE shall be responsible for: a) occupational and conditions of service issues for all telecommunications, information technology and related employers where the Union is recognised; b) all matters relating to the Girobank/Alliance & Leicester and its subsidiaries or successors. 2. The T&FSE shall consist of the following members, who shall be elected on an annual basis by a simple majority of those entitled to vote: a) Chair, Vice Chair and 13 representatives elected by and taken from members of the Engineering Constituency; b) Chair, Vice Chair and 5 representatives elected by and taken from members of the Clerical Constituency; c) Chair, Vice Chair and 1 member elected by and taken from members of the Operator and Ancillary Constituency. 3. Candidates for Constituency Chairs and Vice Chairs shall also be eligible for nomination to the other seats within their respective Constituencies. 4. A T&FSE Chair shall be elected on an annual basis by and taken from all the members of the Engineering, Clerical and O& A Constituencies by a simple majority of those members entitled to vote. 5. Candidates for T&FSE Chair shall be eligible for nomination to other T&FSE seats in their respective Constituency. 6. The position of T&FSE Chair shall not increase the number of annually elected members. Consequently, the Constituency from which the successful candidate for Chair is elected shall have its total entitlement reduced by one. 7. The position of Vice Chair of the T&FSE shall be rotated on an annual basis between the three Constituency Chairs. 8. If a Constituency Chair is elected Chair of the T&FSE in the same year as they would be expected to take up the Vice Chair of the T&FSE, then the Vice Chair position shall pass to the next Constituency Chair in the rotation pattern. 9. The Chair of the T&FSE shall Chair meetings of the Industrial Executive and preside at the main annual session of the Industrial Conference and/or any Special Conference. The Vice Chair shall deputise for the Chair when necessary. 10. There shall be a Financial Services Sub-Committee of the T&FSE: a) The Sub-Committee shall have autonomy on all issues exclusively within the decision-making authority of Girobank/Alliance & Leicester or its successors and subsidiaries except for those issues that conflict with, or embrace, a policy matter appropriate to the NEC; b) Minutes of the Sub-Committee shall be submitted to the T&FSE only for ratification, except where an issue is referred to the T&FSE for resolution; c) Decisions of the Sub-Committee do not need to await ratification for implementation; d) Any two members of the Sub-Committee shall have the authority to record their disagreement with a decision of that Sub-Committee and have the issue referred to the T&FSE for resolution; e) The composition of the Sub-Committee shall be decided by the T&FSE. 7. Clerical Organisational and Occupational Committee (COOC) 1. The COOC shall have the following role and authority: a) Subject to the authority of the NEC, to ensure, through the most effective organisation, the maintenance of the maximum possible Union membership in the Clerical Constituency; b) Subject to the authority of the Telecoms and Financial Services Executive, to determine and implement occupational policies solely relevant to the Constituency. 2. The Committee shall be serviced by the four annually elected Assistant Secretaries from the Clerical Constituency under the direction of the General Secretary. 3. The Committee shall consist of 12 people, and shall be elected by and taken from the Clerical Constituency and shall be a composite Committee consisting of those members of the NEC elected by the Clerical Constituency and additional members to comprise a total of 12 members. The additional members shall be elected on a national basis at the same time as the NEC elections. 4. Clerical candidates for the NEC including Constituency Chair and Vice Chair, shall also be eligible for nomination to the COOC and/or as an annually elected Clerical Assistant Secretary. 5. The Committee shall normally meet six times a year. 6. There shall be a financial budget determined by the NEC. 8. Operator and Ancillary Organisational and Occupational Committee (OAOOC) 1. The OAOOC shall have the following role and authority: a) Subject to the authority of the NEC, to ensure, through the most effective organisation, the maintenance of the maximum possible Union membership in the O&A Constituency; b) Subject to the authority of the T&FSE, to determine and implement occupational policies which are solely relevant to the Constituency. 2. The Committee shall be led by the Assistant Secretary from the O&A Constituency under the direction of the General Secretary. 3. The Committee shall consist of 7 people, and shall be elected by and taken from the O&A Constituency and shall be a composite Committee of those Executive members elected by the Constituency and additional members to a total of 7. 4. O&A candidates for the NEC including Constituency Chair and Vice Chair, shall also be eligible for nomination to the OAOOC. 5. The Committee shall normally meet six times a year. 6. There shall be a financial budget determined by the NEC. 9. Other Sub-Committees 1. In addition to the Financial Services Sub-Committee, the COOC and the OAOOC, the T&FSE shall be empowered to establish sub-committees as it considers necessary for the efficient conduct of its business. 2. The structure and the procedural rules of these other sub-committees shall be contained in regulations which shall be published to Branches. 3. The content of those regulations shall only be varied by a majority vote of the members of the T&FSE, including a majority from each Constituency. 10. Election Procedures for Annually Contested Seats 1. All elections shall be by secret ballot of those members entitled to vote. Retired Members shall not vote for Executive positions. The candidate receiving the highest number of votes shall be declared elected. 2. Only members of the Union, except Retired Members, shall be entitled to stand. 3. The NEC shall determine and publish to Branches, procedures and regulations. 4. The method of recommending support for candidates to its own Branch members shall be a matter for each Branch. 5. The ballot paper shall list candidates in alphabetical order and shall indicate forenames, or the name by which they are commonly known, and surnames. 6. Asterisks or any other mark indicating existing Executive status shall not be included on the ballot paper. 7. Candidates may submit a personal statement of not more than 300 words to be circulated with their biographical details. The grade of the candidate shall be shown in the biographical details. The personal statement and biographical details of all candidates for annually contested Constituency seats shall be circulated to all Branches of the CWU. Candidates who wish may also submit a personal photograph for publication with their biographical details and statement. 8. Candidates from the Postal and O&A Constituency seats on the NEC must have the nomination of their own Branch. A properly constituted Branch meeting must have approved such nominations. 9. Candidates from the Clerical, Engineering and PTS Constituency must be nominated by a Branch, or Branches, having members in the candidates Constituency. Branches shall be entitled to nominate as many candidates as there are vacant seats in any Constituency where they have members. Such nominations must have been approved by a properly constituted Branch meeting. Details of Branch nominations shall be published to Branches and included with the candidates election statements. 10. Nomination arrangements for candidates for the Chair of the T&FSE and the Chair and Vice Chair of the PE shall be in accordance with the Rules which relate to the Constituency of which the candidate is a member. 11. Vacancies 1. If a NEC vacancy arises during the NEC year the GS shall report the fact to the NEC with a recommendation whether to hold an election, taking account of the date and financial implications. 2. If an Industrial Executive vacancy arises during the NEC year the NEC in conjunction with the relevant Industrial Executive shall determine whether the position should be filled, taking account of the date and financial implications. 12. Minutes Minutes taken at the NEC, T&FSE and PE, including recorded votes, shall be circulated to Branches on application. 13. Delegations The NEC shall publish regulations annually to deal with the size and election of delegations to TUCs, Labour Party etc. 14. Equal Opportunities Advisory Committees 1. There shall be four Equal Opportunities Advisory Committees: a) Womens; b) Race; c) Lesbian, Gay, Bisexual and Transgender; d) Disabilities and Special Needs. 2. The Advisory Committees shall advise the NECs Equal Opportunities Sub-Committee on any issue relevant to the section of the membership they represent and within the remit of the NEC. 3. The Advisory Committees shall, in co-ordination with the Equal Opportunities Sub-Committee, be able to advise the Industrial Executives (or their Sub-Committees) on any issue relevant to the section of the membership they represent and within the remit of the Industrial Executives (or their Sub-Committees). 4. The Advisory Committees shall have an integral campaigning role on equal opportunities issues in partnership with the NECs Equal Opportunities Sub-Committee. 5. Each of the four Equal Opportunities Advisory Committees shall comprise a number of lay members including at least one member from each Constituency, and three members of the NEC. Wherever possible, the Advisory Committees shall include and reflect the gender and ethnic origin of the relevant group of the Union. 6. The lay members of the Womens; Ethnic Minorities; Lesbian, Gay, Bisexual and Transgender; and Disability and Special Needs Advisory Committees shall be elected annually based on Branch voting strengths. 7. The four Equal Opportunities Advisory Committees shall elect a Chair from amongst their lay members. The Chairs shall be entitled to attend the NECs Equal Opportunities Sub-Committee in order to contribute to the debate, make recommendations and report on behalf of their Committee in a non-voting capacity. 15. Retired Members Advisory Committee 1. There shall be a Retired Members Advisory Committee which shall consist of four members of the NEC, including the Vice President, and twelve Retired Members elected annually from nominations which may be received from any Branch of the Union on the following basis; two from Wales, two from Northern Ireland, two from Scotland and six from England. 2. The Committee shall meet at least twice per year and shall normally be chaired by the Vice President. 3. The Committee shall aim to protect the interests of pensioners and shall: a) advise the NEC on any matters pertinent to Retired Members of the Union; b) select motions and delegates to National Pensioners Committees and Conferences. 4. Reports of the business of the Advisory Committee shall be submitted to Annual Conference and the NEC. 16. Youth Advisory Committee 1. The Youth Advisory Committee shall consist of four members of the NEC and twelve lay members elected annually from nominations on the following basis; two from Wales, two from Northern Ireland, two from Scotland and six from England. All candidates shall be under age 30 at the time of election. 2. At its first meeting the Committee shall elect a Chair who shall attend full NEC and relevant Sub-Committee meetings in an ex-officio capacity. 3. The Committee shall meet at least four times a year. 4. The Committee shall aim to protect and promote the interests of youth and shall: a) advise the NEC on any matter pertinent to young people b) select delegates and motions to affiliated youth bodies including the TUC Youth, Young Labour and International forums. c) nominate candidates for national committees of affiliated youth bodies including the TUC Youth, Young Labour and International forums. 5. Reports of the Youth Advisory Committee shall be submitted to the NEC and the Regional Committees and other appropriate bodies for information. Rule 9 Officers 1. General 1. The terms of the appointment for each Officer shall be embodied in a written agreement with the Union and shall comply with appropriate trade union and employment legislation. 2. An Officer shall not serve as a Member of Parliament or in any other legislature and shall not undertake any ministerial or similar duties. 3. No permanent Officer shall submit their name to any political party for selection as a candidate for any parliamentary position without prior advice to the NEC. 4. Absence coverage for Officers shall be arranged as follows: a) When an Officer is substituting the General Secretary (GS), Senior Deputy General Secretary (SDGS), Deputy General Secretary (Posts) DGS(P) or Deputy General Secretary (T&FS) DGS(T&FS) for a period of one week or more, they shall receive in those periods the rate of the General Officer concerned. b) When a lay member of the NEC substitutes a General Officer for a period of one week or more, they shall receive in those periods the rate of pay of the General Officer concerned. They shall not, during such periods, be entitled to receive normal employment pay in addition to Officerial pay, nor shall they receive remuneration as a NEC member. 5. Whether permanent Officers are elected or appointed, they shall have the same role serving the whole Union, which dependent on the precise allocation of responsibilities to individuals according to the Rules, or by the GS shall include the following: a) The right to correspond and negotiate directly with all tiers of management and to make representations to all external bodies as directed by the appropriate NEC or Industrial Executive Committee. b) The right to attend the NEC, the relevant Industrial Executive, and other relevant committees to deal with matters within the Officers responsibility. c) The right to attend and speak at Union Conferences, participate in Union schools, and visit all Union structures below national level and to contribute articles to the Unions or other publications as appropriate. d) The right to correspond with and speak to Branches in order to deal with matters within the Officers responsibility. e) The right to represent the Union when appropriate at national fora such as the Labour Party and the TUC, at international fora such as meetings convened by Union Network International and the European Commission, and on Union delegations abroad. 6. Officers responsible for negotiating and corresponding with management on behalf of the Industrial Executives shall keep Branches and other relevant Union bodies below national level informed about the progress of negotiations and shall, where appropriate, seek advice from these bodies on issues on which they have relevant specialist knowledge. 2. General Secretary 1. Every five years the GS shall be subject to election by the entire membership. 2. The duties of the GS shall include: a) chief negotiator and principal spokesperson of the Union; b) responsibility to the NEC for the supervision and control of the administration of the Union and of the Officers and Staff. However, any proposal for the creation of a new Officer post shall be subject to NEC endorsement; c) convening and attending all Conferences of the Union and meetings of the NEC and its committees; d) assigning duties and directing the work of all other Officers of the Union including directing the work of Business Co-ordinating Committees and Officers that do not call for Conference decisions. However, where this involves a reallocation of responsibilities affecting an Assistant Secretary it shall require the endorsement of the Industrial Executive or NEC as appropriate; e) engaging such staff as may be necessary to conduct the work of the Union; f) preparing and presenting to Annual Conference an Annual Report of the Union, also bringing before the NEC the decisions of Annual Conference and giving direction on these and other matters; g) keeping the membership informed on all general matters and decisions including parliamentary, legal, political, industrial and official questions and keeping a record of such decisions; h) keeping the records of the Union and collating statistical and general information for the purposes of the Union, also keeping the Union in touch with developments in the trade union movement; i) supplying Conference Standing Orders Committee information as to what motions or amendments submitted for the Conference Agenda are already covered by Union policy and which are being actively pursued. 3. The GS shall ensure that the Union has a published employment practice. The employment practice shall be designed to avoid any possibility of discrimination or unfair treatment in the recruitment and selection process for employees and potential employees of the Union. The Unions employment practice shall be submitted initially, and periodically thereafter, to the Commission for Racial Equality, the Equal Opportunities Commission and the Fair Employment Commission for endorsement and/or approval. 4. The GS or the SDGS shall be the Unions principal representative on the TUC General Council. 5. When the GS is absent, or at other times when the duties need to be covered they shall be covered by the SDGS. In the absence of the SDGS they shall be covered either by the DGS(P) or the DGS(T&FS). 3. Senior Deputy General Secretary 1. Every five years the SDGS shall be subject to election by the entire membership. 2. The duties of the SDGS shall include: a) deputising for the GS as and when required; b) assisting the GS in financial, administrative and strategic organisational matters. 4. Deputy General Secretary - Postal 1. Every five years the DGS(P) shall be subject to election by the members of the Postal and PTS Constituencies. 2. The DGS(P) shall be the principal Officer responsible for all issues solely within the remit of the PE. 5. Deputy General Secretary - Telecoms and Financial Services 1. Every five years the DGS(T&FS) shall be subject to election by the members of the Clerical, Engineering and O&A Constituencies. 2. The DGS(T&FS) shall be the principal Officer responsible for all issues solely within the remit of the TFSE. 6. Assistant Secretaries and other Officers 1. All Assistant Secretaries shall have equal status in the Union. 2. The responsibilities of all Assistant Secretaries shall be to carry out and discharge under the direction of the GS such Union duties as they may be required to perform. 3. The following Assistant Secretaries shall be subject to election every five years by all members: a) A National Organising Secretary; b) An Assistant Secretary Legal Services; c) An Assistant Secretary Health, Safety and Environment. Suitable professional qualifications shall not be a requirement of candidature, but the successful candidate shall be expected to attain such qualifications upon appointment; d) An Assistant Secretary Equal Opportunities. 4. In addition there shall be the following Industrial Officers: a) Four Assistant Secretaries elected every 5 years by the Postal and PTS Constituencies; b) An Assistant Secretary elected every 5 years by the O&A Constituency; c) The Assistant Secretaries to the T&FS Industry. 7. Nomination and Election Procedures 1. All elections shall be by secret ballot of those members entitled to vote. Retired Members shall only vote for non-occupational positions. The candidate receiving the highest number of votes shall be declared elected. 2. Only members of the Union, except Retired Members, shall be entitled to stand. 3. The NEC shall determine and publish to Branches, procedures and regulations. 4. The method of recommending support for candidates to its own members shall be a matter for each Branch. 5. The ballot paper shall list candidates in alphabetical order and shall indicate forenames or the name by which they are commonly known and surnames. 6. Asterisks or any other mark indicating existing Officer status shall not be included on the ballot paper. 7. Candidates may submit a personal statement to be circulated with their biographical details. The length of such a statement shall be determined by the NEC and reported to Branches. Candidates may also submit a personal recent photograph for publication with their biographical details and statement. 8. Annually Elected Clerical Assistant Secretaries 1. There shall be four Assistant Secretary posts elected annually by and taken from the Clerical Constituency using the same procedure as for the Clerical Constituency Executive members. 2. Candidates for the four Assistant Secretary posts shall be eligible for nomination also in the election for the Clerical Constituency Executive members including the posts of Chair and Vice Chair. 3. Successful candidates in the Assistant Secretary election shall be eliminated from other concurrent ballots. 4. The four elected Assistant Secretary posts shall have no voting rights on the NEC, T&FSE or sub-committees. 5. The four elected Assistant Secretaries shall carry out and discharge, under the direction of the GS and DGS(TFS), such duties as they may be required to perform in connection with Clerical Constituency matters. Rule 10 Conferences 1. General 1. There shall be an Annual Conference of the Union in or about May/June of each year to debate and determine matters of policy and to elect such national representatives as are appropriate to be elected at the Annual Conference. The normal length of the Annual Conference shall be six days. Two days shall be reserved for the General Conference and four days shall be reserved for the Postal and the Telecoms and Financial Services Conferences. The Business/Grades/ Sections/ Constituency Conferences will be conducted within this allocation. 2. The Annual Conference is the supreme authority in the Union on matters of common policy whilst it is in session. The main role of the NEC is to carry out the instructions of Annual Conference. To this end the supreme authority is vested in the NEC between Conferences. Decisions taken and policies determined on behalf of the Union by the NEC are ultimately subject to ratification by Annual Conference. 3. The procedures for promoting policy in the TUC, and the wider labour movement, and associated delegations will be the responsibility of the NEC. 4. There shall be the following Conferences held each year: a) Annual (General and Industrial) b) Womens c) Black Workers d) Lesbian, Gay, Bisexual and Transgender e) Disability and Special Needs f) Retired Members g) Youth 2. Business of the General Conference 1. The business of the General Conference shall be to consider motions submitted by the NEC, Branches and Regional Committees and to receive a report from the Officers and the NEC. The audited statement of accounts of the Union funds will be contained within the report. The decisions of the General Conference shall be binding upon the NEC and all members. 3. General Conference Delegation Branch representation at the General Conference shall be: Membership Delegates Membership Delegates 1-500 2 3001-4000 7 501-1000 3 4001-5000 8 1001-1500 4 5001-6000 9 1501-2000 5 6001 and above 10 2001-3000 6 Representation shall be based on Branch membership, excluding Retired Members, at 31st December in the preceding year as completed by Head Office. All Regional Secretaries and Business Based Field Officials shall attend in an ex-officio capacity. They may participate in discussion at the specific request of their respective parent Committee or of a Branch within that Committee, but shall not vote. A Branch may vary its delegates within the total Branch delegation entitlement. Each Branch shall strive to ensure proportionality in its delegation. 4. Motions 1. Each Branch and Regional Committee shall be entitled to submit up to three motions. One of the three RC motions shall be submitted by the Regional Womens Committee. 2. The NEC shall also be entitled to submit motions as appropriate. 3. Each Regional Safety Forum shall be entitled to submit three motions to the Health and Safety section. 4. The Retired Members Conference shall be entitled to submit up to two motions. 5. Each Equality Conference shall be entitled to submit two motions. 5. Voting Procedures 1. Voting at the General Conference shall normally be by a show of hands. 2. To reflect the difference in the membership levels between the Engineering, Clerical and Postal Technical Services Branches and the Postal, Operator and Ancillary Branches, the hand count will be weighted in favour of the Postal, Operator & Ancillary Branches who shall have 60% of the General Conference vote. The NEC shall draw up regulations for the hand voting procedure. 6. A card vote may be called for either by the Chairperson of the General Conference or when thirty delegates are on their feet calling for such a vote. When a card vote is taken it shall be based on the paid up membership of each Branch at 31 December in the preceding year. 7. A proposition shall be treated as carried if it obtains a simple majority of the votes cast. 8. Standing Orders Committee (General Conference) 1. There shall be a Standing Orders Committee which shall be responsible for arranging the timetable and order of each session of the General Conference. The Committee shall prepare the standing orders for the General Conference which shall be published to Branches and adopted at the General Conference. 2. The Standing Orders Committee shall consist of 8 members; 4 members elected annually immediately following Annual Conference by and from the Postal Standing Orders Committee and 4 members elected annually immediately following Annual Conference by and from the TFS Standing Orders Committee. The General Conference SOC shall appoint its Chairperson and Vice-Chairperson for a 12 month period on a rotating basis between a member from the Postal SOC and a member of the TFS SOC. 3. The General Conference SOC shall be responsible for: i) Drawing up preparatory procedures and timetable in respect of the publication of the Annual Report, submission of Motions and Emergency Motions. ii) The timetabling at General Conference of any ballots that the NEC determines shall be conducted during the course of Annual Conference. The counting of such ballots shall be conducted by the Administration. The admission, compositing, placement and publication of Motions and Emergency Motions. Additionally the Standing Orders Committee will give priority to motions in the following order: a) Category A - Those motions which in the view of the SOC require a decision by Conference; b) Category B - Motions whose general point is to reverse policy decided at the previous years Conference; c) Category C - Those motions which in the view of the SOC seek only to confirm existing policy; d) Category D - Those motions which in the opinion of the SOC could be dealt with in correspondence; e) Category X - Those motions which in the opinion of the SOC are out of order. These shall be printed but shall not be admitted to the agenda. iv) In consultation with the Chairperson of the Conference, deciding and publishing the consequences of motions being carried upon later motions on the agenda. In determining such consequentials, the Standing Orders Committee shall attempt to ensure that once Conference has established a policy on an issue, that issue shall not be debated again at the same Conference. 4. The Standing Orders for the General Conference shall include provision that: i) the NEC shall indicate in an SOC document (published prior to Conference) the motions which they are prepared to accept. If this is agreed by the Conference when the SOC document is adopted, those motions will not be debated and will be deemed to be carried. Branches will have the facility to register opposition to the acceptance and thus have a debate; ii) procedures for the calling of and conduct of card votes in accordance with the Rules. iii) the NEC, Branches and Regional Committees shall be able to challenge the terms of the SOC report and General Conference Agenda, subject to having given prior notification to the General Conference SOC under procedures to be determined by the SOC and published within the Standing Orders for the General Conference. 9. Special General Conference 1. A Special General Conference may be called by the NEC or at the request of not less than 50% of the Branches. Branch requests shall come via a properly constituted Branch membership meeting. 2. A Special Conference shall only deal with the business for which it has been called. 3. The Standing Orders and procedures adopted for a Special Conference shall normally be in accord with those used for the General Conference. 10. Telecoms and Financial Services Conference 1. The Telecoms and Financial Services (T&FS) Conference shall be divided into sessions as follows: a) Joint Industry Based Conference for Telecoms and related industries, including an appropriate time slot for BT Fleet motions; b) Financial Services; c) Constituency based industrial Conferences on matters appropriate solely to the Constituencies. 2. Business of T&FS Conferences: a) they shall consider motions submitted by the T&FS Executive and Branches; b) they shall be the supreme authority on those occupational and conditions of service issues relevant to each particular Conference and within the remit of the T&FSE; c) The T&FSE shall be responsible for allocating time to each session. d) the T&FSE shall carry out all instructions arising out of motions affecting pay and conditions carried at the T&FS Conference. 3. Branch representation at the T&FS Conference shall be: Membership Delegates Membership Delegates 1 500 2 3001 4000 7 501 1000 3 4001 5000 8 1001 1500 4 5001 6000 9 1501 2000 5 6001 and above 10 2001 3000 6 4. Representation shall be based on the Branch membership, excluding Retired Members, at 31st December in the preceding year as completed by Head Office. 5. A Branch may vary its delegates within the total Branch delegation entitlement. 6. Each Branch shall strive to ensure proportionality in its delegation. 7. Motions: a) Each Branch shall be entitled to submit up to four motions to each of the industry based conferences in which they have members. Branches that have members in other businesses outside of BT shall be entitled to submit up to two extra motions related to other businesses. Each branch with BT Fleet members shall be entitled to submit an additional motion on a matter pertaining to them. b) The T&FSE shall be entitled to submit motions to each session. 8. Voting Procedures: a) Voting shall normally be by a show of hands. b) A card vote may be called by the Chairperson or by a number of delegates, as specified by the Standing Orders, on their feet calling for such. When a card vote is taken it shall be based on membership, excluding Retired Members, at 31st December in the preceding year as completed by Head Office. c) Once it is decided that a card vote shall take place a delegate may, on a point of order, ask for a Constituency based card vote. The number of delegates as specified in Standing Orders must support such a request before a card vote can take place. In this case the votes of the Clerical, Engineering and Operator and Ancillary Grades membership of Branches shall be counted separately. A motion shall be treated as carried under this procedure if it obtains a majority vote of the members in each of the Constituencies. d) At every session of the Unions Conference, upon the determination of occupational and constitutional issues, merged Engineering and Clerical Branches may, where there is no common Branch policy, divide its votes, including card votes, on a Constituency basis. 9. The T&FSE shall prepare and circulate to all delegates attending Conference a list of recommendations on each motion. This shall be available at the start of each day and cover the motions to be debated during that day. 10. Special Conference (T&FS) a) Subject to the endorsement of the NEC, the T&FSE shall have the authority to convene a Special T&FS Conference. b) The T&FS Conference shall have the authority to call a Special T&FS Conference subject to ratification by General Conference. c) A Special T&FS Conference may also be convened if called for at the request of not less than 50% of Branches with T&FS members. Branch requests shall come via a properly constituted Branch membership meeting. d) A Special T&FS Conference shall only deal with the business for which the Conference has been called. e) The Standing Orders and procedures adopted for a Special T&FS Conference shall normally be in accord with those used for the T&FS Conference. 11. Standing Orders Committee (Telecoms and Financial Services) 1. There shall be a Standing Orders Committee which shall be responsible for arranging the timetable and order of each session of the Telecoms and Financial Services Conference. The Committee shall prepare the Standing Orders for the Telecoms and Financial Services Conference which shall be published to Branches and adopted at the Telecoms and Financial Services Conference. 2. The Standing Orders prepared by the Standing Orders Committee shall permit delegates to challenge the Standing Orders Committees rulings with regard to the order of business and those propositions ruled out of order at the beginning of each session of the Telecoms and Financial Services Conferences defined in the Rules. 3. The Standing Orders Committee shall consist of ten members, six elected by and from the Engineering Constituency, three elected by and from the Clerical Constituency and one elected by and from the Operator and Ancillary Constituency. 4. The ten members of the Standing Orders Committee shall be elected by and from their respective Constituency using the Branch block vote procedure at Annual Conference. 5. The period of office of each member of the Standing Orders Committee shall be for three years. There shall be an annual election for three members, two elected by the Engineering Constituency, one by the Clerical Constituency. 6. The Standing Orders Committee will give priority to motions in the following order:- a) Category A - Those motions which in the view of the SOC require a decision by Conference; b) Category B - Motions whose general point is to reverse policy decided at the previous years conference; c) Category C - Those motions which in the view of the SOC seek only to confirm existing policy; d) Category D - Those motions which in the opinion of the SOC could be dealt with in correspondence; e) Category X - Those motions which in the opinion of the SOC are out of order. These shall be printed but shall not be admitted to the agenda. Postal Conference 12. Postal Conference The Postal Conference shall be divided into sessions as follows; a. Post Office Industry Conference b. Sectional Conferences 13. Business of the Postal Conference 1. The business of the Postal Industry or Sectional Conferences shall be to receive reports from the Postal Executive and the Postal Standing Orders Committee, to deal with Motions submitted by the Postal Executive, Branches and Business Co-ordinating Committees. 2. The Postal Conferences shall be the supreme authority on those occupational and conditions of service issues, which are relevant to each particular Conference and which are within the remit of the Postal Executive. The Postal Conference shall not discuss items of common policy, which are proper to the General Conference. 3. The Postal Executive shall carry out all instructions of motions carried at Postal Conferences. 14. Motions 1. Each Branch and each appropriate Business Co-ordinating Committee shall be entitled to submit up to 4 motions to each section of the Postal Industry Conference and 4 motions to each of the Sectional Conferences where they have members. 2. The Postal Executive shall be entitled to submit motions to each session of Conference. 15. Voting Procedures 1. Voting shall normally be by a show of hands. 2. A card vote may be called by the Chair or by a number of delegates as specified in the Standing Orders, on their feet calling for such. When a card vote is taken it shall be based on Branch Membership excluding retired members, as at the 31st December in the preceding year. 3. The counting of votes shall be undertaken by the appointed independent scrutineer. The Standing Orders Committee will be represented at the count and will counter sign the final result before handing the result to the Chair of the Conference. 16. Special Conference (Postal) 1. Subject to the endorsement of the NEC, the Postal Executive and the Postal conference shall have the authority to convene a Special Postal Industry or Sectional Conference. 2. A Special Postal Conference may also be convened if called at the request of not less than 50% of the Branches with Postal members. Branch requests shall come via a properly constituted Branch membership meeting. 3. A Special Conference shall only deal with the business for which it has been called. 4. The Standing Orders and procedures adopted for a Special Conference shall normally be in accord with those used for the Postal Conference. 17. Postal Conference SOC 1. There shall be a SOC responsible for arranging the timetable and order of each session of the Postal Conference. The Committee shall prepare the Standing Orders for the Postal Conference, which shall be published to Branches and adopted at the Postal Conference. 2. There shall be a SOC which shall consist of 9 members elected annually, 8 by and taken from the Postal Constituency and 1 by and taken from the PTS Constituency. 3. The Postal Conference SOC shall be responsible for drawing up procedures and timetables in respect of the publication of the Annual Report, Motions and Emergency Motions. 18. Business of the Postal Conference SOC 1. The Postal Conference SOC shall be responsible for the admission, compositing, placement, and publication of Motions and Emergency Motions. Additionally the SOC shall give priority to motions in the following order: i) Category A motions requiring a decision of Conference; ii) Category B motions reversing policy from the previous years Conference; iii) Category C motions seeking only to confirm existing policy; iv) Category D motions that in the view of the SOC should be dealt with in correspondence; v) Category X motions that are out of order. These shall be published, but not admitted to the Agenda. 2. The Standing Orders for the Postal Conference shall include provision that: i) an SOC document is published prior to Conference indicating those motions accepted by the Postal Executive. Accepted motions shall not be debated and shall be deemed carried when the SOC document is agreed. Each Branch/Co-ordinating Committee shall have the facility to register opposition to the acceptance and call for a debate; ii) procedures are drawn up for calling and conducting card votes; iii) the Postal Executive, Branches/Co-ordinating Committees shall be able to challenge the terms of the appropriate SOC report and Agenda, subject to giving prior notification to the Postal SOC under procedures to be determined by the Postal SOC published within the Standing Orders for Conference. 19. Branches 1. Branch representation entitlements shall be based on the Branch membership at 31 December, as completed by the Organising Department. 2. Branches may vary their delegates as they wish within the total delegations entitlement applicable to their Branch at the Conference. 20. Conference Delegations 1. The maximum Branch representation to Postal Industry Conference of the Union shall be as per the table below with the entitlement being based on the number of members of the grades appropriate to the Group/Sectional Conference concerned. 2. Membership Delegation Membership Delegation 1 to 250 1 1501 to 2001 6 251 to 500 2 2001 to 3000 8 501 to 750 3 3001 to 4000 10 751 to 1000 4 4001 to 6000 12 1001 to 1500 5 6001 and over 14 Except that Postal Technical Services and Secretarial Grades will be represented in accordance with the provisions of the Rules. 3. In addition to the formula for Branches above, Branch Secretaries shall be entitled to attend Postal Industrial and Sectional Conferences by virtue of office, having the right to speak but no voting rights. 4. Regional Secretaries and those Officers from each of the Businesses designated to attend the Regional Committee, shall attend the Postal Conference in an ex officio capacity, having the right of speech but no voting powers. They may participate in the discussion at Conference on the specific request of their respective parent committee or of a Branch within that committee. 21. Representation of Postal Technical Services, and Typing and Secretarial Grades 1. Branches containing Postal Technical Services or Postal Typing and Secretarial grades with less than 500 members in total, but with more than 30 members employed by the Post Office, shall be entitled to select an extra delegate to attend the Postal Conference, which shall be in addition to those provided for in the representation matrix. Branches that have insufficient members to represent their Postal Technical Services or Postal Typing and Secretarial members at the Postal Conferences, shall receive their representation from the appropriate Postal Divisional Council. Branches containing 30 or less Postal Technical Services or Postal Typing and Secretarial members shall, at meetings arranged by Postal Divisional Councils, have the right to select delegates to attend the Postal Conferences. The number of such delegates shall be determined by aggregating the number of members from the relevant Branches with 30 or less members employed in the Post Office, and applying the following formula: up to 75 members one delegate over 75-500 members two delegates over 500 members three delegates 4. The Typing and Secretarial Postal Divisional Council delegates attending the Postal Conferences shall be elected by the Typing and Secretarial representatives attending the Postal Divisional Council. The Postal Technical Services delegates attending the postal Conferences shall be elected by the Postal Technical Services representatives attending the Postal Divisional Council. 5. In addition to the other provisions, the NEC shall, by regulation, enable representation for Branches or Postal Divisional Council s at each session of the Postal Conference in which they have a Postal Technical Services or Typing and Secretarial membership interest. 22. Equality Conferences 1. The NEC shall determine the date, venue, duration and delegations to the Equality Conferences. 2. Each Branch shall be entitled to submit one motion to each of the Equality Conferences. 3. Each Regional Womens Committee shall be entitled to submit one motion to the Womens Equality Conference. 4. The General Conference SOC shall determine the procedures to operate at the Equality Conferences. 5. The Equality Advisory Committees shall be consulted and be involved in the organisation of the Sectional Equality Conferences. 6. The appropriate Advisory Committee shall be responsible for pursuing the policies adopted by each Equality Conference via the National Equal Opportunities Sub Committee of the NEC. 7. Each equality conference shall be entitled to select two motions to submit to the General Conference. The selection shall be done on the basis of a Branch preference ballot held during the equality conference. The motions submitted to the General Conference shall be in the name of the relevant equality conference. 23. Retired Members Conference 1. There shall be a Retired Members Annual Conference composed of a maximum of four delegates from the following regions: Northern Ireland, Scotland, Wales, North East England, North West England, Midlands, London, Eastern England, South East England and South West England. The boundaries of the regions to be determined by the NEC. 2. The Retired Members Annual Conference shall elect two delegates to attend CWU Annual Conference, who will be entitled to speak on items that do not concern pay and conditions of working members. 3. The Retired Members Annual Conference may submit two motions to the CWU Annual Conference. 4. Funding shall be from the General Fund. 24. Youth Conference 1. There shall be a Youth Annual Conference composed of a maximum of four delegates from the following regions; Northern Ireland, Scotland, Wales, North East England, North West England, Midlands, London, Eastern England, South East England and South West England. The boundaries of the regions to be determined by the NEC. 2. The Youth Annual Conference shall elect two delegates to attend CWU Annual Conference, who will be entitled to speak on items that do not concern pay and conditions of working members. The Youth Annual Conference may submit two motions to the CWU Annual Conference. Funding shall be from the General Fund. Rule 8 11 1 Funds of the UnionFinance 81. Funds 1. The principal Funds of the Union shall be: a) The General Fund; b) Branch Funds cb) The Defence Fund; dc) The National Welfare Fund; ed) A Political Fund administered separately; e) Regional Funds; f) Branch Funds; There are separate Pension Funds held in trust on behalf of employees of the Union. 82. Trustees 1. The Union shall have four elected NEC Trustees elected by Annual Conference. Nominations shall only be open to annually elected members of the NEC and no more than one Trustee shall be taken from any Constituency.Each Constituency shall be represented. The Trustees shall act under the direction of the NEC. The written record of the resolution of appointment or removal and discharge shall be treated as if it were the instrument in writing of such appointment or removal and discharge. 2. All properties of the Union shall be vested in the Trustees in trust corporately for the members of the Union. The term pPropertyies of the Union, including monies, securities and all other assets whatsoever., shall be held corporately by the Trustees on behalf of the members. 3. The duties of the Trustees shall be to: a) place in bank(s), in an appropriate account of the Union, including the Unity Trust Bank and Girobank, all funds received by them at Head Office of the Union; to the account of the Union, and so much thereof as is not required for current expenses and is insufficient for investment shall be placed by them on deposit at a bank(s). b) subject to the preceding paragraphabove, to invest the General Fund, Defence Fund and International Fundfunds of the Union, under the direction and with the consent of the NEC, in investments authorised or to be authorised by Act of Parliament for the investment of trust funds.; c) examine all accounts submitted for payment. ; d) sign cheques in payment of all proper accounts, and present same for countersigning by an Officer nominated by the NEC for this purpose.; e) defray from the General Fund the expenditure incurred by the NEC, if not provided for by the Rules, as it shall direct.; f) make payments out of the General Fund of all or any premiums on any guarantee taken by the NEC upon Officers at Head Office handling the funds of the Union. 4. The Trustees shall have authority to sign documents on behalf of the Union and to inspect any accounts or financial records of the Union at any time.. 5. The Trustees, on the direction of the NEC, shall have power to borrow money on security or otherwise. and dispose of any asset of the Union. 4. The Trustees, on the direction of the NEC, shall have power to dispose of any asset of the Union. 5. The Trustees shall have authority to inspect any accounts or financial records of the Union at any time. 83. Members Auditors 1. There shall be two lay Mmembers AAMembers Aauditors elected by Annual Conference to examine the whole of the accounts, and report to the Annual Conference. A lay Members Auditor shall not hold any other national position. 2. The lay Members Auditors shall be entitled to submit suggestions or recommendations to the NEC aarising from their examination of the Unions accounts of the Union to the NEC... Any such suggestion or recommendation shall be reviewed by tThetThehe NEC shall consider such recommendations and which shall report report its conclusions to Annual Conference. 84. Inspection of Accounts All Every members of the Union shall haves the right to request access to the accounting records of the Union subject to the provisions of the relevant legislation. On receipt of such a request, the General Secretary shall provide the member with a reasonable opportunity and time to carry out the inspection. 5. Subscriptions All subscription rates for membership of the CWU shall be determined by the NEC. Such rates set will beThe NEC shall determine membership subscription rates inclusive of the contributions to the pPolitical olitical Fundlevy.. In setting such rates the NEC willshall consider and consider and have due regard for the following status of membership, the following membership status: Full-time employees; Part-time employees; Young Workers; Retired Members; Non-recognised companies. Once set, subscription rates willshall increase on an annual basis on 1 January each year. The percentage increase willshall be the average percentage between the published known RPI and the AEI at the time of the increase rounded to the nearest whole penny. For Retired Members the rate willshall increase on an annual basis on 1 January each year and willshall increase in line with the published known RPI at the time of the increase. In exceptional circumstancesIn exceptional circumstances the NEC may fix a contribution rate, apply a temporary increase or defer an increase outside of the rates set by Rule. the NEC shall be empowered to fix a contribution, apply a temporary increase or defer an increase outside of the rates set by rule. Any member whose contributions or payments of levy made under these ruleRulesruleRulesules are the equivalent of eight weeks in arrears, whether continuous or not,shall be advised shall be informed by the NEC tthat failure to pay the arrears may result in the cessation of membership. 5. Members on sick leave without full pay or maternity leave without full pay shall be entitled to free membership for the period of leave. The Union may, if the NEC so determines, pay the contributions of a member during a period of sick leave which immediately precedes death, provided that at the time of going on sick leave the member was fully paid up. 6. Any member who resigns from from from the membership of the Union may only not be re-admitted at the to membership except at the absolute discretion of the NEC. Applicants for re-admission may be required by the NEC to repay any arrears of contributions or levies. Any member who ceases to pay contributions shall be deemed to have resigned from membership. 6. Rebates 1. Each Branch shall receive monthly 29% of its Branch membership income received by CWU HQs General Fund excluding Retired Members. Each Branch shall be responsible for its own funds for meeting the following expenses; a) All Conference expenses including subsistence, travel and loss of pay; b) Regional and Industrial based Committee expenses including travel and subsistence. c) Travel and subsistence for all education courses; d) Travel and subsistence for national briefings; e) Visits to HQ requested by the Branch 2. Each Branch shall receive a rebate for its Retired Members Section of 27% of all income received by CWU HQ from the contributions of the Branch Retired Members. Such rebates shall only be paid to the Branch on formation of a Retired Members Section. 3. Any Branches that has that have in excess of 12 months equivalent rebate in theits bank balance willshall have future their rebates held centrally in a separate national account at Unity Bank, such an account shall be set up for that sole purpose. Such rebates willshall be released to the Branches once either the bank balance holds less than 12 months equivalent rebate or on application to the SDGS and the NEC if required for exceptional expenditure. The money in this account canshall not be used for any other purpose by CWU HQs, except that any interest accrued shall be additionally used to grow membership. 7. Financial Planning Every year the NEC shall produce a financial plan for the following year, which shall: be published to branches and lodged as a record at CWU HQ Finance Dept; show expected income based on membership figures at the time the plan is agreed by the NEC; include detailed planned expenditure, following the principle that such expenditure shall not exceed income; identify the purpose of any annual surplus and the intention to use it on behalf of the members; identify allocations to budget holders and to be reported on, against performance to date, quarterly to branches. Rule 12 Political Fund 1. The Objectives of the CWU shall include the furtherance of the political objects to which Section 72 of the Trade Union and Labour Relations (Consolidation) Act 1992 (the Act) 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. 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 his/her 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. In determining, for the purposes of paragraphs (a) to (f) above, whether the trade union has incurred expenditure of a kind mentioned in those paragraphs no account shall be taken of the ordinary administrative expenses of the Union. 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; and political office means the office of member of Parliament, member of the European Parliament, member of the Scottish Parliament, member of the Welsh Assembly or member of a local authority or any position within a political party. 2. 1. 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). 2. The NEC shall appoint 4 Trustees of the Political Fund. Each Constituency shall be represented. The Trustees shall act in accordance with the directions of the NEC. 3. As soon as is practicable after the passing of a resolution approving the furtherance of such political objects as an objectives of the Union the NEC shall ensure that a notice in the following form is 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 shall 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 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. 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 and shall include the following minimum requirements. The notice shall be published in the Unions main 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 NEC shall provide the Secretary of each Branch with a number of copies of the notice sufficient for these purposes. 4. Any member of the Union may at any time give notice on the form of exemption notice specified in Rule 12.5, or by a written request in a form to the like effect that he/she 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 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. 5. The form of exemption notice shall be as follows: Communication Workers Union Political Fund Exemption Notice I hereby give notice that I object to contributing to the Political Fund of the Union and am in consequence exempt, in the manner provided by Chapter VI of the Trade Union and Labour Relations (Consolidation) Act 1992, from contributing to that fund. Signature: Membership no: . Address: .. Date: .... CWU Branch: .... 6. Any member 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 acknowledgement of its receipt to the member at the address in the notice, and shall inform the General Secretary of the name and address of that member. 7. 1. On giving such notice a member shall be exempt, so long as his/her notice is not withdrawn, from contributing to the Political Fund of the Union as from either: a) the first day of January next after notice by the member is given, or, b) in the case of a notice given within one month after the notice given to members under Rule 12.3 or after the date on which a new member admitted to the Union is supplied with a copy of these Rules under Rule 12.18, as from the date on which the members notice is given. 2. For the purpose of enabling each member of the Union to know as respects any such periodical contributions what portion, if any, of the sum payable by him/her is a contribution to the Political Fund of the Union, it is hereby provided that an amount of 10p per week, be that contribution from 1st October 1996. No levy shall come into force as respects a new member until the expiration of one month from his/her being supplied with a copy of the rule under clause 13 hereof following admission to the Union. Any member who is exempt as aforesaid shall be relieved from the payment of that sum and shall pay the remainder of such contributions only. 3. The NEC shall have power to increase the amount of the levy having regard to increases in the Retail Price and Average Earnings Indices and the level of Union contributions generally. Any such increase shall be endorsed by Annual Conference. 8. The NEC 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 or part of any periodical contributions required from the members of the Union towards the expenses of the Union as provided and such relief shall be given as far as possible to all members who are exempt on the occasion of the same periodical payment. 9. A member who is 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 his/her being so exempt. 10. Contribution to the Political Fund of the Union shall not be made a condition for admission to the Union. 11. All members of the Union, in whatever category, shall have a right to pay contributions to the Political Fund. 12. If any member alleges that he/she is aggrieved by a breach of any of these Rules for the Political Fund, being a Rule or Rules made pursuant to Section 82 of the Act, he/she 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/she considers that such a breach has been committed, make such order for remedying the breach as he/she 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. 13. Any member may withdraw his/her notice of exemption on notifying his/her desire to that effect to the Secretary of his/her Branch, who shall on receiving it send the member an acknowledgement of receipt of the notification, and inform the General Secretary of the name and address of that member. 14. The NEC shall ensure that a copy of these Rules is available, free of charge, to any member of the Union who requests a copy. 15. The NEC shall also send to the Secretary of each Branch sufficient copies of these Rules for distribution to each member. 16. The Secretary of each Branch shall, so far as possible, secure that each member of that Branch receives a copy of the Rules. 17. The Secretary of each Branch shall supply a copy of these Rules free of charge to each member who requests a copy. 18. A copy of the Rules shall also be supplied by the Secretary of each Branch to every new member on his/her admission to the Union. 19. Northern Ireland Members 1. In compliance with Article 59 of the Trade Union and Labour Relations (Northern Ireland) Order 1995, members of Branches in Northern Ireland are not required to make any contribution to the Political Fund unless they: a) have given notice in writing of their willingness to contribute to the fund; and b) have not notified the Union in writing of withdrawal of such notice. 2. Northern Ireland members are exempt from contributing to the Political Fund unless they give written notice that they wish to do so. A form of notice indicating the wish to contribute to the Political Fund may be obtained from any Branch in Northern Ireland. 3. The executive committee 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 on contributions to that fund from those Northern Ireland members who have provided written consent of their willingness to contribute, namely, the sum of 10p per week be that contribution from 1st January 2005, and have not subsequently withdrawn that consent. No moneys of the union other than the amount raised by such separate levy shall be paid into the political fund. 4. 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. Contribution to the political fund of the union shall not be made a condition for admission to the union. 6. If any Northern Ireland member alleges that he/she 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 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. 7. 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. 8. Additionally, if any Northern Ireland member alleges that he/she 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 he/she 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/she may make an order for remedying it as he/she 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 the 1992 Act. 20. Grants and Rebates 1. Branches shall be allowed grants from the Political Fund of a sum up to but not exceeding that which is equal to one third of the annual contribution to the Political Fund of the Union per member per year of the Branch political membership. To protect the Political Fund of the Union such rebates shall only be used to further the political objects of the Union and the expenditure of money shall only be made by the Branch in accordance with Branch bye-laws as determined by the NEC. As a condition of receiving such rebates, Branches shall make such returns and reports as the NEC may determine, provide an annual statement of Branch political accounts and affiliate to Constituency Labour Parties. 2. Payments from the Political Fund to Branches must be in accordance with the policy determined by Annual Conference or the NEC. 3. 10% of Political Fund rebates available to Branches shall be paid directly to the appropriate Regional Political Fund to allow these committees to campaign regionally to promote Union policies. 21. Labour Party Conference The NEC shall issue Regulations prescribing the procedures for the elections of delegates to the Labour Party Conferences. 22. Labour Party NEC The CWU nomination for the Labour Party NEC shall be voted on at an appropriate Annual Conference under regulations issued by the NEC. Rule 13 Industrial Action 1. The NEC, Annual Conference, Special Conference or a properly convened Branch Meeting may in furtherance of the Unions objectives decide to authorise, endorse, call or take industrial action, including strike action. All such action must be within the law and in accordance with, and in compliance of, all statutory obligations, inclusive of ballots etc. Where a Branch decides to take action to protect immediate local interests, the General Secretary and NEC must be informed. 2. For the avoidance of doubt it is confirmed that nothing contained in these Rules empowers a Branch or any other person, committee, group or body of persons to authorise, endorse, call or take industrial action without there being a statutory ballot and compliance in all other respects with the requirements of Part V of the Trade Union and Labour Relations (Consolidation) Act 1992 as amended or replaced from time to time. Rule 14 Discipline RULE 14 DISCIPLINE 1. General Matters of a disciplinary nature arising from the Rrules or Regulations of the Union affecting an individual member or members of the UnionUnion members shall only be dealt with in accordance with the provisions of this Rule. A member shall be liable to disciplinary action in respect of the following: a) Acting in breach of the Rules of the Union; b) Behaving in a manner contrary to the interests of the Union; c) Failing to carry out the lawful and reasonable instructions of a Branch, the National Executive Council, Annual or Special Conference; d) Acting in breach of the Rules of the Union. Being a member of a union or association of employees, the interests of which conflict with those of the Union, or speaking or circulating literature on behalf of any such union or association. No member of the Union, should sit on the National Discipline Committee (NDC) or Independent Review Body (IRB), if the matter is one in which he/she has had a prior involvement. 2. National Discipline Committee (NDC) All matters calling for disciplinary action shall be determined by the NDC, which shall consist of three members appointed by the NEC. There shall be three named substitutes to replace any or all of the members of the NDC if they are not available. The Committee shall be served by an Officer appointed by the General Secretary. 3. National Discipline Committee Powers and Procedures All matters requiring consideration under the authority of this Rule shall be referred the General Secretary and by the General Secretary to the NDC. Such matters may be referred to the General Secretary by either a member or a Branch. The NDC has the power to require the production of written evidence and attendance of witnesses who are members of the Union. In the event of non-production of written evidence or non-attendance by either of the parties involved, the Committee has the right to take a decision in their absence. The NEC shall prescribe Regulations governing thegoverning the procedure for the conduct of all cases before the NDC and may amend such Regulations from time to time. These amendments shall be subject to endorsement at the next subsequent Annual Conference. The conduct and integrity of CWU Representatives is of the utmost importance. If aA Union Representative is accused, of being involved in conduct that brings the Union into disrepute, mayMAY have their credentials or office suspended, pending the outcome of the discipline process. -2- This can be done in two ways: Any Branch OfficeR or member of the Branch can instigate a charge and the Branch can theOn receipt of a charge a Branch mayn suspend the individuals credentials or office. This carries the right of appeal to the NDC; or On receipt of a charge, the NDC can suspend the individuals credentials or office. In relevant circumstances if suspension is deemed appropriate it must be done quickly and Branches It is preferable that any suspension is done quickly and therefore Branches are encouraged required to consider this action option in the relevant circumstances. The onus should not be on the accuser to know that this action can be taken NEITHER SHOULD THEY FEEL that they have to take it themselves. Suspension of credentials or office can only be done as part of the process involving National Discipline and at no other time. The NDC shall consider each charge the reference by the General Secretary as presented and conclude whether or not a prima facie case exists. If a prima facie case exists, it shall proceed to a full hearing of the NDC. Following the full hearing of a complaint, the NDC may exercise any one or more of the following powers: to censure the member concerned; to fine the member such sum as the NDC shall consider fair and reasonable, having regard to the circumstances; to suspend the member from membership or from all or any benefits of membership for such time as may be determined; to remove the member from any office the member may hold in or on behalf of the Uni;on; to disqualify the member from holding such office for such period of time aas the NDC may determine; impose a suspended sentence for so long as the NDC shall consider just and reasonable. to expel the member from the Union. to impose a suspended sentence for so long as the NDC shall consider just and reasonable. If a fine imposed by the National Discipline Committee shall is not be paid within twenty-one days of the date of a demand in writing addressed by the General Secretary to the member at their last known address, the member shall be automatically expelled from membership of the Union. 4. Independent Review Body (IRB) The NEC shall prescribe Regulations governing the procedure for the conduct of all cases before the IRB and may amend such regulations from time to time. There shall be the right of appeal against decisions of the NDC to an IRB. In all cases of Appeal, the decision appealed against shall be suspended pending the hearing of the Appeal. An appeal against a decision of the National Discipline Committee can only be brought by a charged member. The Independent Review Body shall consist of three members and an Independent Chair.There shall also be three named substitutes to replace the appropriate member of the Independent Review Body if they are not available. The IRB shall be served by an Senior Officer appointed by the General Secretary. The members of the IRB and substitutes shall comprise one member elected by and taken from the Postal, Operator and Ancillary Constituency; one member elected by and taken from the Engineering and Postal Technical Services Constituency; and one member elected by and taken from the Clerical Constituency. The elections shall be by the card vote procedure at Annual Conference. The members of the IRB shall be elected triennially. The period of office of each member and substitute member of the IRB shall be 3 years. The decision of the IRB shall be final and binding on the appellant and the Union. The NEC shall prescribe regulations governing the procedure for the conduct of all cases before the IRB and may amend such regulations from time to time. 5. Functions of the General Secretary and the Discipline Officer in Relation to Disciplinary Matters The General Secretary shall appoint an Officer to serve the NDC who shall notify members and Officers of the decisions of the NDC. The Officer to the NDC shall be responsible for the documentation of matters requiring consideration by the NDC and for recording the proceedings of the Committee. The Officer to the NDC shall notify the General Secretary, who shall notify a member of their rights under the Rules of the Union and of the consequences of failure to comply with any direction issued, or any penalty imposed by the NDC. Rule 15 Alteration of Rules 1. Rules Revision Conference Every four years the Union shall hold a Conference for the purpose of reviewing and revising its Rules. The National Executive CouncilEach Branch of the Union and Regional Committee shall be entitledhave the opportunity to submit three proposals relating to the Rules. The NEC shall be entitled to submit proposals relating to the Rules. Each proposal to amend the Rules receiving a majority in support including a majority within each of the following: a) the Postal and Operator & Ancillary Constituencies counted as a whole; b) the Engineering and PTS Constituencies counted as a whole; c) the Clerical Constituency; shall then form part of the Rules of the Union. 2. Annual Conference 1. In addition there shall be provision at each Annual Conference of the Union for a Rules Revision session. 2. At the Annual Rules Revision session each Branch and Regional Committee shall have the opportunity to submit one proposal relating to the Rules. 3. At the Annual Rules Revision session the NEC shall be entitled to submit proposals relating to the Rules. 4. At the Annual Rules Revision session each proposal to amend the Rules receiving a two-thirds majority in support, including a two-thirds majority within each of the following: a) the Postal and Operator & Ancillary Constituencies taken as a whole; b) the Engineering and PTS Constituencies taken as a whole; c) the Clerical Constituency; shall then form part of the Rules of the Union. 3. Role of the NEC 1. The NEC shall be empowered to amend the Rules to deal with any inaccuracy or error or in order to comply with any Statute of the Realm or regulation made there under. The NEC shall also be empowered to make any consequential amendment to the Rules required as a result of amendments carried at any Rules Revision session of Conference or at a Rules Revision Conference. 2. The NEC shall be empowered to interpret the Rules or to decide upon any issue in respect of which the Rules are silent. The decision of the NEC on any such matter shall be final. 3. It shall be the duty of the General Secretary, upon receiving notice of a proposal on the amendment of these Rules, to take suitable advice and report to the Standing Orders Committee, who shall ensure that such motions are placed before the Rules Revision Conference or Annual Conference as the case may be, in such a form that the language and content clearly express the purpose of the motion and saving so far as the purpose of the motion otherwise requires, are in conformity with the body of the Rules and the principles incorporated therein. 4. Any alterations to Rules carried at a Rules Revision Conference or Annual Conference shall become operative immediately following the close of that Conference. Within six months of a quadrennial Rules Revision Conference a new updated Rule Book shall be produced and distributed to every Branch and within six months of an Annual Rules Revision session an Appendix to the Rule Book, incorporating any changes made, shall be produced and distributed to every Branch. Rule 16 Amalgamation 1. The Union may amalgamate with, or transfer engagements to or from, any trade union as Annual/Special General Conference may determine, subject to the terms of the relevant legislation. 2. The NEC shall have the power to submit the question of amalgamation and Transfer of Engagements to an Annual/Special General Conference. PAGE  PAGE 43 s u  ! ' < > H b i \]ޮyobXhOJQJ^JhChU~OJQJ^JhU~OJQJ^Jh8>GOJQJ^JhbOJQJ^J#hhb5CJOJQJ^JaJhb5CJ0OJQJ^JaJ0#hfShfS5CJ0OJQJ^JaJ0hM5CJOJQJ^JaJh"5CJOJQJ^JaJ#hfShfS5CJOJQJ^JaJhfS5CJ0OJQJ^JaJ045QRmn ; < Z [ v w  !gdfSgdfS$^`a$gd+EKw   " # $ % & ' ; < j ^`gd ^`gd ^`gd$^`a$gd$^`a$gdfSgdfS > ? A B \] & F `gdU~ gdU~ 8n^n`gd & F `gd ^`gd ^`gd$^`a$gd9:01? ^`gd ^`gd &^&`gd hh^h`gd gd & F `gd & F `gd 8n^n`gd1?@A KLMQDEGvh[NNhCh~OJQJ^JhCh~ZOJQJ^Jh~{hb6OJQJ^JhChF<OJQJ^Jh;OJQJ^JhChiOJQJ^JhChbOJQJ^Jh/>OJQJ^Jh_vhb6>*OJQJ^J#hChb5CJOJQJ^JaJhb5CJ0OJQJ^JaJ0h5CJ0OJQJ^JaJ0hChb5OJQJ^J?@deLMm_ r`gd & F TT^T`gd TgdF< & F TT^T`gdF< TT^T`gd & F TT^T`gd TT^T`gd 8^`gd ^`gd PQCD:NOP}}$^`a$gd$ ^`a$gd ^`gd`gd 8^8`gd 88^8`gd & F`gd ^`gd ^`gd%9:NPyzR   9vxǵǠǖǖǖnjrrrhrVLh #tOJQJ^J"h<h #t56CJOJQJ^Jh8>GOJQJ^JhCh #tOJQJ^JhCh%3LOJQJ^JhbOJQJ^JhLsOJQJ^Jh~ZOJQJ^Jhb5OJQJ^J#hbhb5CJOJQJ^JaJhbOJQJ^Jhb5CJ(OJQJ^JaJ(hb5CJ0OJQJ^JaJ0 hXhbCJ0OJQJ^JaJ0Pyz01 $`a$gd$ 88^8`a$gd$ 88^8`a$gd$ & F`a$gd$ ^`a$gd$ ^`a$gdSTyz   ^`gd #t gd #t$^`a$gd%3L$a$gdb$ 88^8`a$gd$ & F`a$gdtu Y"##$&&&ylblblbXJXb@bh.5OJQJ^Jh xh xH*OJQJ^Jh xOJQJ^JhYOJQJ^JhY5OJQJ\^JhY5CJOJQJ\^Jh5CJOJQJ\^JhbOJQJ^J#hbhb5CJOJQJ^JaJh<h%3L6OJQJ^Jh;6OJQJ^Jh%3L6OJQJ^Jh #t6OJQJ^JhOJQJ^JhtOJQJ^JhCOJQJ^J45ab=>tu ^`gd$ ^`a$gd$ ^`a$gd$ & F `a$gd$^`a$gd$^`a$gdu34b c !!!!X"Y"y"z" TT^T`gd 88^8`gd `gd ^`gdz"q#r#$$$$$$%%%%&&&&`gd 8`gd TT^T`gd ^`gd 88^8`gd rL^L`gd r^r`gd&&&&'' '%'&';'w'z'''''''''''''')ϽްކsaTGA hbCJhthbCJ^JaJhb5OJQJ\^J#hiOhb5CJ0OJQJ^JaJ0hb5CJ0OJQJ^JaJ0hbhbOJQJhbhbOJQJh8>GOJQJ^JhbhbOJQJ^JhXhbOJQJ^J#h thb5CJOJQJ^JaJhb5CJOJQJ^JaJhbOJQJ^Jhb^JaJ0 hb^J hY^JhY&&''''%'&'/'0':';'P'Q'v'w'|'}''''$ ^`a$gd$ & F`a$gd$^`a$gd$^`a$gd$^`a$gd''''''''''''))r n8^`gd & F `gd n^`gd & F n^`gd ^`gd ^`gd`gd & F`gd$ ^`a$gd )<)=)))| 88^8`gdR & F 8Eƀ)`gd n8^`gd & F`gd)<))))))***O*P*Q*********#,$,6,N-e-x..{/|/}/~///{j]hb5OJQJ\^J hb5CJOJQJ\^JaJh/>OJQJ^JhthbCJ^JaJ&hthb5CJOJQJ\^JaJHhM&hbhbcHdhdhdhFhGHhL&hbHh9&hbHh8&hbhbcHdhdhdhFhbhbOJQJ^J!)))**HR & F 8Eƀ)`gd 88^8`gdR & F 8Eƀ)`gd*S*T***G6 88^8`gdR & F 8Eƀ)`gd 88^8`gdR & F 8Eƀ)`gd***#,$,6,7,,,yhy\H nt^`gd & F`gd ^`gd n^`gd 8^8`gd n^`gdR & F 8Eƀ)`gd,M-N-e-f-w.x...{/|//{vi ^`gdgd/> n^