51¸£Àû/975Ìý 14 October 2019ÌýÌý
Carlow
Street, London NW1 7LH, Tel. 020 7756 2500, www.ucu.org.uk
ToÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Branch and local association secretaries
TopicÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Final report of the democracy commission
ActionÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý For discussion in branches; to be
considered by a one-day special Congress meeting on Saturday 7 December 2019
Summary ÌýÌýÌýÌý The final report of the democracy commission created by resolution of Congress 2018, for consideration by a special Congress meeting 7 December 2019, including rule changes.
ContactÌýÌýÌýÌýÌýÌýÌýÌýÌý Catherine Wilkinson, Head of constitution and
committees, cwilkinson@ucu.org.uk
Final report of the democracy commission
Congress 2018 resolved that a democracy commission should be established to review the union’s democratic structures and report back to Congress.
An interim report from that commission was considered by Congress in May 2019. The final report is set out in this circular.
The NEC has called a one-day special Congress to
discuss 51¸£Àû’s democratic structures and the recommendations of the democracy
commission, to be held on Saturday 7 December 2019. The convening noticed is
issued as branch circular 51¸£Àû/976 .
In order to fulfil the Congress policy, that the commission’s recommendations should be brought to a special Congress meeting, the national executive committee has submitted the following motions to the special Congress:
1. Congress approves recommendation 1 of the democracy commission’s final report, Rule change: General secretary instructions and breach of instructions.
2. Congress approves recommendation 2 of the democracy commission’s final report, Congress standing orders: Ordering of motions by CBC – criticism of GS.
3. Congress approves recommendation 3 of the democracy commission’s final report, Rule change: GS term of office.
4. Congress approves recommendation 4 of the democracy commission’s final report, Rule change: Limit on consecutive GS terms.
5. Congress approves recommendation 5 of the democracy commission’s final report, Rule changes: Officers of the union.
6. Congress approves recommendation 6 of the democracy commission’s final report, Role descriptions for the union’s officer roles.
7. Congress approves recommendation 7 of the democracy commission’s final report, Reporting of GS, president and vice president activities.
8. Congress approves recommendation 8 of the democracy commission’s final report, Rule change: Deputy general secretaries.
9. Congress approves recommendation 9 of the democracy commission’s final report, Oversight of recruitment, appointment and remuneration of 51¸£Àû’s senior officials.
10. Congress approves recommendation 10 of the democracy commission’s final report, Congress standing orders: Curtailment of Congress.
11. Congress approves recommendation 11 of the democracy commission’s final report, Congress standing orders: Election of alternative chair.
12. Congress approves recommendation 12 of the democracy commission’s final report, Negotiation with staff during the course of Congress.
13. Congress approves recommendation 13 of the democracy commission’s final report, Rule change: Dispute committeesÌý
14. Congress adopts the final report of the democracy commission as set out in 51¸£Àû/975 (recommendations to be voted on separately).
Information about the commission’s work can be found at /democracycommission.
Branches are encouraged to consider the report. Branches can submit motions to the special Congress meeting in accordance with the instructions in the convening notice Ìý As described in that notice, the deadline for the registration of delegates is 17:00 on Thursday 7 November, and the deadline for the submission of motions is 17:00 on Wednesday 13 November.
Yours sincerely
Dr Jo Grady
General SecretaryÌý
Final report of the democracy commission
1 Background
1.1 This report is the final report of the democracy commission established by Congress in May 2018. The commission made an interim report to the May 2019 Congress meeting. That interim report is appended, and sets out background on the commission’s constitution, working methods and meetings up to March 2018.
1.2 The commission has held eight meetings in total (as noted in paragraphs 1.4, 1.5 and 1.7 of the interim report, plus 9 May, 5 July and 27 September 2019). Confirmed minutes of meetings have been made available on the commission’s page on 51¸£Àû’s website.
1.3 The commission has continued to organise its work under five working group headings:
A: Recall (of elected members and general secretary) and triggers (for recall)
B: Accountability (other than recall) and transparency
C: Structural issues/implications, including the role of paid officials
D: Conduct of disputes
E: Engagement and representation.
1.4 This report is presented for adoption at the special Congress on 7 December 2019. The commission had expected the special Congress to take place in November, however, following the NEC’s decision that the special Congress must take place on a Saturday, it was necessary to find a new date.
1.5 The calling of a one-day special Congress to discuss 51¸£Àû’s democratic structures and the recommendations of the democracy commission, also provides the opportunity for rule change motions which were remitted at Congress due to lack of time, to be considered. Some of those rule changes are relevant to areas of the commission’s work. The commission has not explicitly taken a position on those rule changes, though some are noted within this report.
1.6 The commission’s remit was potentially a wide-ranging one, and it has not been possible for the commission to reach firm recommendations on all the issues it has discussed. In addition to the rule changes for adoption by Congress, some recommendations call for further work by the NEC.
1.7
The democratic structures of the union exist to
work for the members and can be changed by the members, through the policies of
Congress. Whilst this report ends the commission’s work, the commission hope
that it does not end the ongoing engagement with the issue of how to ensure the
union’s structures are serving the interests of members, and are reviewed and
amended when necessary.
2 Working group A: Recall (of elected members and general secretary) and triggers (for recall)
2.1
Finding
a mechanism for recall of the GS was extensively discussed with legal advice
taken at several points (as also reflected in section 3 of the interim report,
appended) so that commission members could be careful to ensure a mechanism was
robust. It became clear that any recall directly by a decision of
Congress, even on a no-fault basis, would not be possible without bringing the
union into legal jeopardy.
2.2
The commission considered its final legal advice
on the subject at its meeting on 27 September, including on a specific proposal
to have a simple rule allowing a formal two-thirds vote of ‘no confidence’ to
be taken at Congress which would then initiate action by the NEC under the GS’s
contract of employment. Again, advice was received that such a process would be
likely to fall foul of legal issues, including the demands of natural justice,
especially noting that in the case of Congress, the body seeking to remove did
not elect the office holder.
2.3
The commission has consistently asked that the
legal advice provide comment not just on what the union cannot do but also
on what it can. Drawn from this, and noting clauses used in the rules of some
other unions, the commission recommends that the accountability of the GS be
strengthened by clarifying the role of the NEC in relation to the GS and the
possible consequences of the GS not acting in accordance with the instructions
of the NEC.Ìý This is then linked to the
existing rules about the right and responsibility of regional committees to make
representations to the NEC, by creating a provision for regional committees and
devolved nation bodies to specifically alert the NEC to any perceived breach of
the GS’s obligation to act in accordance with the instructions of the NEC. If a
total of any four regional committees or devolved nation bodies bring such a
matter to the NEC’s attention it will initiate an independent investigation.
These rule changes are set out in recommendation 1.
2.4
This
approach was by no means the commission’s first choice, but given the legal
constraints faced, it is thought to be the best option available. The
commission was mindful that the NEC is instructed in its work by Congress, our
sovereign body, and the commission believes that the combination of rule
changes recommended will create a great deal more accountability.
2.5
The
commission were clear in their view that, as demonstrated at the special
Congress meeting held on 18 October 2018, it is in order for Congress to make
criticisms of the general secretary, who has the right to address Congress. Recommendation
2 makes a small addition to the Congress standing orders, intended to clarify
this.
2.6 In related discussions around the accountability of the general secretary, the commission discussed the GS term of office, and agreed to recommend that this be reduced from five years to three years. Reducing the term of office would allow the GS to be more frequently held to account by a ballot of members. This rule change is set out in recommendation 3.
2.7 The commission also recommends that there be a three term limit placed on the role of general secretary. Combined with the reduction of the term of office from five to three years, this would mean that no general secretary could serve continuously for more than nine years. A rule change to this effect is set out in recommendation 4.
2.8
Working
group A: Recall (of elected members and general secretary) and triggers (for
recall) – recommendations
2.8.1 Recommendation 1
Rule changes: General secretary instructions and breach of instructions
Add new 28.2:
28.2 The General Secretary [and Deputy General Secretaries]* shall act in accordance with the instructions of the National Executive Committee and failure to do so may be misconduct up to and including gross misconduct.#
Renumber current 28.2 as 28.3.
Add to 30.2 (rights and responsibilities of regional committees) new point (iv):
iv. to alert the NEC to any perceived breach of rule 28.2 and receive a timely reply.
Renumber current (iv) as (v)
Add new 18.5:
If at least four regional committees exercise their right
under rule 30.2, the NEC shall initiate an independent investigation into the
conduct of the General Secretary [or a Deputy General Secretary]* in accordance
with the relevant procedures. Devolved
nation bodies are also given the right afforded under rule 30.2(iv), and shall count
towards the total of four.
Renumber the rest of rule 18 as appropriate.
Purpose:
to specify the GS’s obligation to act in accordance with instructions of the
NEC and provide a mechanism requiring the NEC to initiate an investigation if
four regional committees or devolved nation bodies require it.
*Also
to be applied to Deputy General Secretaries if the commission’s recommendation
to establish these positions is carried [words in square brackets].
# This clause of the
report was amended following the special Congress on 7 December 2019 to
reinstate the words ‘and failure to do so may be misconduct up to and including
gross misconduct’, which had been previously been removed from the report by a
decision of the NEC.
2.8.2
Recommendation
2 – Congress standing orders: Ordering of motions by CBC - criticism of GS
Standing order 49ii (motions not appropriate for
debate), after …‘because motions criticise individual employees’, add ‘who have
no right to address Congress/Conference’
Purpose: To
clarify in Congress standing orders that criticism of the general secretary (who
has the right to address Congress) does not automatically make a motion not
appropriate for debate.
The amended
standing order would read:
49. […] Congress Business Committee shall determine
its recommendations on:
ii ÌýÌý which
motions and amendments are not appropriate for debate, for example because they
are out of order because they are in conflict with the objects of the union; or
because motions criticise individual employees who have no right to address Congress/Conference, or on legal
advice provided to the committee, that they are deemed to be defamatory and
therefore may not be published.
2.8.3
Recommendation
3 – Reduction in GS term of office
Rule change: GS term of office
Rule 28.1, delete ‘five years’ and replace with ‘three years’.
Purpose: To reduce the term of
office of the general secretary from five years to three years.
Amended rule 28.1 will read:
28.1 The General Secretary shall be the chief executive of the Union, responsible for duties specified by the Rules and Standing Orders of the Union, and duties allocated by the National Executive Committee, and shall be elected for terms of three years by the membership of the Union, under procedures agreed by the National Executive Committee.
2.8.4
Recommendation
4: Limit on consecutive GS terms
Rule change: Limit on consecutive GS terms
Rule 28.1, add at end:
No-one who has served three consecutive terms as general secretary is eligible to serve again as general secretary, except after an interval of one year or more.
3 Working group B: Accountability (other than recall) and transparency
3.1 The largest number of discussion papers generated and considered by the commission fell under this heading. There is inevitably overlap between the headings; accountability and transparency was a feature of many issues that arose.Ìý Whilst democratic structures clearly exist within the union, the processes and relationships involved are not always clear to members. It became clear that explanation of existing roles and structures was as important as, or sometimes more important than, change.
3.2 An example of this need for transparency was the commission’s recommendation, adopted by Congress in its interim report, that 51¸£Àû policy, as passed by Congress, should be searchable, including information on the implementation of that policy. Implementation of this recommendation is now under the remit of the NEC’s strategy and finance committee.
3.3
The interim report recommended a rule change
which sought to clarify how the powers and duties of the general secretary may
be delegated. That rule change specifically delegated any duties relating to
negotiations or representation of the union to the president and
president-elect. This rule change was remitted at the commission’s request at
Congress in May 2019 following a request from the staff union. No revised
version of this motion has been put forward by the commission. However, the
proposal to create two elected deputy general secretary posts (recommendation 8)
amends the rule in question (28.2).
3.4
Some time has been spent by the commission
trying to gain a greater understanding of the roles of the union’s national
officers. The discussion of ‘joint president’ roles reported in the interim
report has shifted and the commission now recommends that the immediate past president
role be abolished. The honorary treasurer’s role was characterised as less
politically dynamic than that of the presidential roles, and the commission
recommend that the honorary treasurer be described as a non-voting officer for
the purpose of any decision made in the name of the officers of the union. The
rule changes required to effect changes to officer roles are set out in
recommendation 5.
3.5 The commission is clear that there should be agreed role descriptions for officer positions. The commission recognises this task must be carried out carefully, and there is a wealth of knowledge and experience to be provided by former office-holders. The commission therefore asks the NEC to progress this task (recommendation 6, below).
3.6 The commission strongly supported a proposal that the general secretary (and deputy general secretaries if such positions are created) president and vice-presidents should regularly report, in a format available to members, and that allows the NEC and Congress to exercise informed oversight, on the activities they engage in on behalf of 51¸£Àû. Different ways of recording activities were discussed including blogs, diaries and spreadsheets. It was noted that there were areas in the union where there was already some current or previous good practice. The commission noted the need to be aware of the accessibility of the format used and the amount of work required for those involved. As anything available to all members was available to employers, consideration about what and when things should be in the public realm would also be required. Recommendation 7 instructs that this proposal be taken forward.
3.7
The issue of electronic voting (primarily in the
context of electronic voting at Congress) has been discussed further by the commission,
aided by the collection of information about the systems available and used by
other unions. A request for
information via the TUC disabled members committee received a response from two
represented unions which used electronic voting that they had not found any
lack of access for their disabled members. The commission has not made a
recommendation on the principle of electronic voting. However, it considers
that it is important that any decision taken in the future is a carefully
considered one, and main points from the information gathered, plus some of the
advantages and disadvantages noted by the commission, are set out in appendix
1.
3.8 The composition of Congress is an issue which has been noted by the commission. However, noting the difficulty of finding any satisfactory alternatives to the current formula, the commission agreed that this was not an issue on which it would bring forward any proposals for change.
Working group B: Accountability
(other than recall) and transparency – recommendations
3.8.1
Recommendation
5: Rule changes - officers of the union
Rule 15.4, add:
‘The Honorary Treasurer is charged with raising
financial concerns and shall be consulted on financial matters, but where
decisions are referred to the Officers of the Union by any body of the Union
the Treasurer shall be a non-voting Officer.’
Rule 15.1, (officers of the union), delete
‘immediate past president’.
Delete other references to the immediate past
president in 51¸£Àû rules and Congress standing orders as follows:
Rule 15.2 (term of vice president becoming president), delete ‘and then Immediate Past President for the next following year.’
Rule 21.1, (filling of casual vacancies) delete final sentence: ‘A vacancy in the office of Immediate Past President will not be filled.’
Rule 21.2 (filling of vice president casual vacancy), delete ‘and then to the office of Immediate Past President,’
Congress standing order 16 (chairing of Congress), delete ‘or by the Immediate Past President.’
Purpose: to change the effect of the officer
status of the honorary treasurer, removing their vote in any decision-making by
the union’s officers. To remove the officer role of immediate past president
and all references to it. This leaves the president, president-elect and vice
president as those who can collectively make a decision as the officers of the
union.
3.8.2
Recommendation
6: Role descriptions for the union’s officer roles
The commission asks that the NEC create role descriptions for the union’s officer roles and makes these available to members.
3.8.3
Recommendation
7: Reporting of GS, president and vice president activities
The NEC is asked to ensure that a system of regularly reporting on activities undertaken on behalf of 51¸£Àû is established in respect of the general secretary, [deputy general secretaries], president and vice presidents. This record should be available to members and is intended to increase accountability and transparency, to enable NEC and Congress to exercise informed oversight, and also to increase members’ understanding of these roles and the visibility of role-holders. The system should feature regular updates (at least monthly). It should take account of:
· ease of updating
· accessibility of format
· providing sufficient and sufficiently timely information that NEC and Congress are able to exercise informed oversight
· where relevant, the need for some information not to be put immediately into the public realm.
Ìý
4 Working group C: Structural issues/implications, including the role of paid officials
4.1 The role of 51¸£Àû’s structures in the commission’s discussions, and need for clarity and distinction between 51¸£Àû’s decision-making structures and the role of staff, was noted in the commission’s interim report.
4.2 The commission agreed that the union should consider the role of one or more elected deputy general secretaries. A rule change to create two deputy general secretary positions is set out in recommendation 8 below. These are intended to be entirely new roles within the union, a second layer of elected posts working in co-ordination with the general secretary to oversee the major areas of work. In addition to delegated duties, this would provide an elected substitute if the general secretary were unable to work for any reason.
4.3 This would mean that the three most senior paid roles in the union are accountable by election. The commission intends that these roles be subject to the same requirements as the GS in respect of acting on the instructions of the NEC, and to the same limits on terms of office.
4.4 The commission briefly considered a proposal around the scrutiny of GS pay, and the recruitment, appointment and pay of senior officials. This forms a recommendation for implementation by the NEC (recommendation 9), for a ‘scrutiny panel’ elected from the membership and reporting to the NEC on these matters.
4.5 Noting the commission’s background in the curtailed 2018 Congress, the commission discussed the importance of clarity around the circumstances under which Congress could be stopped. There were concerns about how Congress was abruptly curtailed in 2018. These related to issues that have been dealt with around the right to criticise the general secretary, but they also related to the process by which Congress was shut. There were also concerns about the ways in which disputes that related to matters of Congress were negotiated and discussed with the staff union, Unite.
4.6 Recommendation 10 attempts to put into Congress standing orders an explicit description of the circumstances in which Congress can be ended early, ruling out the curtailment of Congress in any other circumstances. Congress standing order 16 currently provides for a replacement chair; recommendation 11 makes provision for how that chair will be appointed by Congress if necessary.
4.7 The process for negotiations, during the course of a Congress meeting, with the union representing 51¸£Àû staff, was also considered. The commission considered that a dispute that emerges with the staff union and concerns delegates to Congress is not a dispute with the employer or managers of union staff, but rather involves a somewhat different constituency, and one that is in different relations of power, with both 51¸£Àû staff and their employer and management. Recommendation 12 mandates the NEC to negotiate with the staff union to achieve agreement to the inclusion on the 51¸£Àû employer side of two negotiators elected by and from Congress, for the purpose of any dispute arising about matters directly relating to Congress.
4.8
In respect of a different part of the union’s
structures, the interim report noted that the commission had considered a
report on the role and status of area liaison committees. The commission noted
that many members would be unaware as to the previous existence of these
committees. Area committees can provide liaison
between 51¸£Àû branches in a unit smaller than the region and may also provide a
link between trade unions in circumstances where members of other unions or
branches may work for the same employer. Paragraph 10.5 of the interim report (appended) also summarises
their role, noting their historic link to local education authorities.Ìý The commission agreed that regional
committees could oversee the standing orders for any area committee that
functioned in their region, noting that these committees were advisory to the
regional committee and had no decision making powers.
4.9 Working group C: Structural issues/implications, including the role of paid officials – recommendations
4.9.1
Recommendation
8: Deputy general secretaries
Amend 20.5 (order in which ballots shall be counted):
Insert new iii Deputy General Secretaries
Renumber subsequent points as necessary
Amend rule 28.2 – delete ‘to another employee of the union’; replace with ‘to the Deputy General Secretaries’.
The amended rule will
read:
28.2 The General Secretary may delegate any power or duty of, or
allocated to, the General Secretary under these Rules to the Deputy General
Secretaries as the General Secretary shall determine.
Renumber Rule 29 to Rule 30 and renumber all following rules sequentially.
Insert new Rule 29:
There shall be two Deputy General Secretaries. The Deputy General Secretaries shall be delegated to assist the General Secretary in the duties specified by the Rules and Standing Orders of the Union, and duties allocated by the National Executive Committee, and shall be elected for the same length of term as the position of general secretary under rule 28.1, by the membership of the Union, under procedures agreed by the National Executive Committee. No-one who has served three consecutive terms as Deputy General Secretary is eligible to serve again as Deputy General Secretary, except after an interval of one year or more.
Renumber schedule C to Schedule D and renumber sequentials in successive alphabetical order.
Insert new Schedule C:
Schedule C: Deputy General Secretaries: nominations of candidates to
stand for election
1 ÌýÌýÌýÌýÌýÌý Notice to members
1.1 In the 12 months before the term of office of an incumbent Deputy General Secretary is due to expire, the National Executive Committee will issue a notice to all members and employees calling for nominations of members or employees of the union for election to the post of Deputy General Secretary.
2 ÌýÌýÌýÌýÌýÌý Receipt of applications and nominations
2.1 The National Executive Committee will determine a common date for receipt of nominations arising out of paragraph 1 of this schedule. That date will be stated in the notice to members and will be no less than 28 days after publication of the notice.
2.2 All nominations will be addressed to the President and must be received at the Head Office of the Union no later than the date determined in paragraph 2.1 of this schedule.
3 ÌýÌýÌýÌýÌýÌý Nominations
3.1 Nominations for election to the post of Deputy General Secretary arising out of paragraph 1 of this schedule must be supported by:
a. the identifiable signatures of at least 50 members of the Union of whom not more than 25 may be members of the same branch/local association or of one of the central groups;
b. the written consent of the nominee to be a candidate;
c. written agreement to the terms and conditions as determined by the National Executive Committee to apply to the person elected Deputy General Secretary.
3.2 Support required for any nomination must be received by the President by the date for receipt of nominations.
3.3 A nomination may be withdrawn by a candidate at any time and will then become invalid.
4 ÌýÌýÌýÌýÌýÌý Election process
4.1 In the event that there is only one eligible candidate for the post of Deputy General Secretary, that candidate will be declared elected as soon as is practicable.
4.2 In the event that there is more than one eligible candidate for the post of Deputy General Secretary a ballot of the membership will be held.
Purpose: to create two elected deputy general secretary posts within
the union.
4.9.2
Recommendation
9: Oversight of recruitment, appointment and remuneration of 51¸£Àû’s senior
officials
The NEC shall
establish a Scrutiny Panel to oversee the remuneration of the General Secretary
and the recruitment, appointment, and remuneration of senior officials of the
union. This panel will be elected from the membership and will report to the
NEC, and will consult with the staff unions as appropriate.
4.9.3
Recommendation
10: Congress standing orders – curtailment of Congress
Add new Congress standing order
16 (and renumber subsequent standing orders):
Congress can be curtailed
(ended early) in one of the following circumstances only:
1) All the scheduled business of Congress and sector conferences is finished early.
2) Credible communication is received about a natural disaster or other imminent threat (for example, fire) and advice from the relevant authorities requires Congress to be ended.
3) A vote of two-thirds of delegates is carried to end Congress/sector Conference.
Purpose: to specify the circumstances in which Congress or a sector
conference can be ended early.
4.9.4
Recommendation
11: Congress standing orders – election of alternative chair
Add new Congress standing order 17:
To achieve this election, the
Chair of the Congress business committee (or if the Chair is unavailable,
another member of this group, or if none are available a self-nominated
delegate) will temporarily assume the Chair with the sole purpose of holding
this election. Candidates for Chair must then declare themselves and a vote be
taken. The successful candidate will take the Chair for the remainder of
Congress / Sector Conference.
Purpose: to
specify how a Congress or sector conference chair will be elected if none of the
named chairs are available.
4.9.5
Recommendation
12: Negotiation with staff union during the course of Congress
Congress notes that a dispute that emerges with the staff union and concerns delegates to Congress is not a dispute with the direct employer or managers of union staff, but rather involves a somewhat different constituency, and one that is in different relations of power, with both union staff and union management.
Adoption of this recommendation mandates the NEC to negotiate with the staff union to achieve the following Congress standing order (which would then be brought for subsequent adoption by Congress):
Should any dispute with the staff union emerge during the period of Congress/Sector Conference about matters directly related to Congress/Sector Conference, the 51¸£Àû negotiating team must include two members directly elected by Congress / Sector Conference to represent the interests of delegates, in addition to any members of the union leadership, whose role is to represent 51¸£Àû management. These members are charged with directly liaising with Congress / Sector Conference.
5 Working group D: Conduct of disputes
5.1 The interim report noted that the background to the commission’s existence sits, in no small part, within the USS dispute. The interim report recommended a rule change to create dispute committees in rule, which was voted on by Congress in May 2019 but not carried by the two-thirds majority required.
5.2
The commission re-considered this issue. The rule
change has been amended, noting the debate at Congress. The size of the dispute
committee is now one delegate per branch (not constituted as per sector
committee entitlement). NEC members from the relevant sector may attend as
observers. The scope of the committee has been clearly limited to the dispute
for which it is constituted. The words ‘choice of tactics’ have been removed
from the final paragraph, to ensure that it is clear there may be local
decisions over day-to-day tactics, though tactical discussions will remain a
feature of the committee. The rule change now recommended is set out as recommendation
13.
5.3 The commission envisaged the key functions of the dispute committee as being:
·
organisation
and coordination of the dispute. This needs confidence, inspiration and
solidarity.Ìý Dispute committees would
spread information and ideas in a more systematic and accountable way than (for
example) the informal networks of the USS dispute.Ìý
·
a
mechanism for discussion in the branches and liaison with NEC and negotiators
during a dispute, and before any kind of plebiscite ballot on a deal, so that
those who have been actually taking industrial action, organised picket lines
etc. can discuss with members and come to democratic decisions about the branch
position, which can then mandate delegates to a dispute committee
·
a
more representative body than any currently to consider and vote on
recommendations to pause a strike; whether to accept a proposal for resolution
of the dispute agreed by the negotiation team; what recommendation should be
put to the membership in a ballot.
5.4 In the proposal put forward in this rule change, it is envisaged that:
·
In
national or multi-institution disputes, once a dispute is called, the dispute committee
will come into being and will be delegated the power to conduct the official
dispute. The scope of the Dispute Committee is strictly limited to the conduct
of the dispute. Officers, NEC members and the GS are expected to abide by its
decisions.
·
The
committee will comprise an elected delegate from each branch involved in the
dispute. NEC members from the relevant sector/subsector may attend as observers
(or can be elected to represent their branch). Branches will have the power to
change their rep on the committee during the dispute if the members so wish.
·
Negotiations
lie with the national negotiators who are elected. Negotiators will report to
the dispute committee and discuss with the delegates, requiring the attendance
at meetings of at least one negotiator when relevant. (Negotiators can stand to
be the rep from their branch to the committee if they so wish.)
·
HEC/FEC
will receive reports from these committees.
·
Decision-making
regarding all matters of cross-branch concern regarding the dispute (e.g.
pausing for talks; ending action; recommendations put to members in ballots to
pause action or to accept/reject or to demand revision in settlement proposals)
belong to these committees and will be binding on the NEC and the GS.
·
Information
from national officers and negotiators about proposals for resolution and
pauses (etc.) should be scrutinised by this committee before HEC or FEC
discuss. The wording of communications with members in any ballot process
should be agreed by this Committee. The decisions of the Disputes Committee
should be considered binding.
Table 1 overleaf also shows where it is envisaged decision making would lie when a dispute committee is in operation.
5.5 Under 51¸£Àû rule 34.1, it is the National Executive Committee that has the power to authorise or endorse industrial action, having regard to the decisions of the sector committees. No other body may do so unless that power has been explicitly delegated to it. In order for the proposed rule change to be effective, the NEC will need to delegate this power to dispute committees constituted under the rule.
5.6 Noting, for example, the situation of FE pay in England, the commission was clear that there was no intention to prevent local settlement where the terms were to be agreed by an individual branch and their employer, even if their action were timed to occur alongside other branches.
Table
1: Conduct of disputes – where would decision making lie?
Stage of dispute |
Current |
Proposal |
Prior to the strike/action commencing |
||
Decision to call a disputeÌýÌý |
HEC/FEC |
HEC/FEC – which must then call a
disputes committee into being |
Decisions about what kind of action to propose |
HEC/FEC |
Disputes committee |
Writing ballot wording |
|
Disputes committee |
Decision about Strike dates:Ìý |
HEC/FEC |
Disputes committee advises HEC/FEC |
Helping every branch organise |
||
Branch organisation/co-ordination |
|
Disputes committee meets to share best practice/ideas plan etc |
REGIONAL pre-strike rallies/ co-ordination |
Regional Committee |
Regional Committee or Regional strike
committees if desired Can decide on regional/local rallies, demonstrations, coordinate collections and solidarity from other unions in the area etc |
DURING DISPUTE |
||
Proposal to pause dispute or to accept or reject settlement
proposals Proposed wording of communication to all striking group members about this |
HEC/FEC |
Disputes committee Disputes committee will hear reports
from negotiators Wording to be approved by disputes
committee |
Decision on information to go with ballot and wording of ballot (i.e. whether the ballot is to accept or reject settlement proposals) |
HEC/FEC |
Disputes committee |
Communications urging members to vote in ballot |
|
Jointly from Chair of HEC/FEC and Chair
of disputes committee in line with dispute committee decisions above All official communications of the union including those from GS and national officers should be in line with the decisions of the disputes committee |
5.7 Working group D: Conduct of disputes
5.7.1
Recommendation
13: Rule change: dispute committees
Insert new rule 35 (renumber remaining rules
accordingly)
35.1 For all multi-institution industrial disputes, a dispute committee will be constituted immediately following the declaration of a dispute from delegates from each branch involved in the dispute, which will exist for the duration of the dispute. Delegates will be elected or nominated by branches, with an entitlement of one delegate per branch. NEC members from the relevant sector/subsector may attend as observers. The committee will be chaired by the relevant Vice President (for single sector disputes), or by the President (for cross-sector disputes). The frequency of meetings will be determined by the committee. Branches may send different delegates to each meeting.
35.2 The scope of the dispute committee is limited to the dispute for which it is constituted.
35.3 No decision affecting continuation, escalation, or ending of an industrial dispute, including putting to the membership for approval a proposed deal to settle the dispute, will be taken without the approval of the dispute committee constituted for that dispute.
Purpose: To create in rule dispute
committees for multi-institution disputes.
6 Working group E: Engagement and representation
6.1 The interim report noted that one of the gaps in representation identified by the commission was the representation of migrant workers. This issue was taken up directly by branches and rule changes were passed by Congress 2019 which created a migrant members’ standing committee within the union’s equality structures, and created two seats for representatives of migrant members on the NEC.Ìý By the time of the special Congress, nominations will have been received in response to the first call for nominations to those NEC migrant members’ seats. The commission looks forward to seeing the effect of these changes.
6.2
Engagement in NEC elections was discussed by the
commission, specifically in respect of the possibility of nationally organised,
recorded hustings meetings for national officers. Rule changes to create
recorded hustings under rule were put forward by a branch to Congress in May
2018, but not voted on due to lack of time.
6.3
The commission has not returned to this issue in
depth and has not taken a position on the remitted rule change. ÌýCongress adopted the following recommendation
in the commission’s interim report:
Recommendation 7 (interim
report): National recorded hustings
The commission recommends that, subject to any issues relating to the use of unions resources being resolved, the creation of national, recorded hustings (ie available to view on 51¸£Àû’s website) be investigated for NEC elections. The Commission also recommends that a mechanism be found to allow members to submit questions to such a national hustings event in advance.
Appendix 1: Electronic
voting
Electronic voting –
information
There are trade unions which regularly use electronic voting, including Unite (for its national and rules conferences) and the National Education Union (NEU). NEU use electronic voting only for votes requiring a count, and never for procedural votes. Both unions reported very positive experiences of electronic voting.
There are many providers of relevant systems available, with differing levels of complexity. Delegates are provided with either a small hand-held ‘clicker’, with five or ten buttons, or a larger device into which a smartcard is inserted. Most devices include screens which show the choice selected. Most devices have numbered buttons which are linked to voting choices, typically 1 = in favour, 2 = against, 3 = abstain.
The time saved is significant. A voting window of 10-30 seconds is recommended; the time can be pre-set, or the close of voting announced by the chair. Voters can change their mind, and select a different option, as long as the voting window is still open.
All systems produce a result on a screen within seconds of the close of voting. The screen can be set to show number of votes cast, or percentages, or both. A card vote at a 51¸£Àû Congress usually takes around 10 minutes.
The sample systems on which information was collected all use their own secure communication network; they do not use wifi, Bluetooth or a mobile phone network. Devices transmit signals directly to the supplier’s own equipment. All the companies contacted were confident in the security of their systems.
There is a certain amount of administration required at Congress to ensure the distribution of devices, and the distribution of individual smartcards, which would be distributed in the same way, and with the same oversight, as that currently given to voting cards. Delegates need to collect and return devices. Smartcards need to be returned at the end of the event.
If electronic voting were used, a decision would need to be made about whether 51¸£Àû wanted a record of the votes cast by individuals. Collection and use of any information is within the control of 51¸£Àû as the customer. Steps could be taken to maximise the privacy of voting (with no delegate names provided to the supplier), or a record of voting linked to individuals could be created.
Neither Unite nor NEU reported any issues arising with access to voting for disabled delegates. Depending on the system used, there are options to explore if needed.
Electronic voting would be an additional cost. In order to ensure the integrity of the voting, 51¸£Àû would most likely need a system of smartcards, rather than the cheaper device-only options. However, it would be a small percentage of the overall Congress budget.
Electronic voting –
advantages and disadvantages
The advantages of card voting:
1) Transparency. We are delegates, not private citizens. Our votes should be transparent. It is usually very clear not just how many people have voted each way, but who it is who votes with you. This makes it easier for new delegates to meet and talk with people with whom they agree on topics.
2) Cost. It’s cheap.
3) Simplicity. It won’t ‘go wrong’ (except where manual counts fail). There are no risks with respect to the technology or to data retention.
The disadvantages of card voting:
1) Where counts are needed it’s slow.
2) It relies on manual counts and these can be off, especially where votes are very close.
3) It provides no record (although as noted below, this may also be an advantage)
The advantages of e-voting:
1) Speed. E-voting would speed things up votes where counts are needed in Congress by around 10 minutes. This affects a small minority of votes. Between zero (in some FESCs) through to about 3-8 per Congress (based on Congress meetings 2016-2018).
2) Transparency. It is possible to retain records of who voted how. This could increase transparency across the union.
The risks of e-voting
1) Technological scepticism – if people don’t see who is voting with/against a decision it makes that feel very abstract. Reduces the in-room transparency at Congress.
2) Mistakes. It is less easy to see what you are doing.
3) GDPR non-compliance/exposing members to managers. We need to make decisions about keeping data and/or how widely any information is disseminated, when and to whom. Without these decisions being made in advance and consent being given there is risk of GDPR non-compliance.
Appendix: Interim report
of the democracy commission
Adopted by Congress 27 May 2019, with the exception of recommendation 2
(remitted) and recommendation 6 (lost)
1 Background
1.1 The democracy commission was established by motion B19 passed by annual Congress in May 2018. Motion L9 set further stipulations around the election and operation of the commission. These motions appear in appendix 1.
1.2 At its meeting on 22 June 2018, the NEC agreed how the commission should be composed, encompassing regional and devolved nation representation, members from the equality standing and employment special interest group committees, and branch representatives by sector. Elections were held in September 2018 and the list of commission members is set out in appendix 2.
1.3 The commission held its first meeting on 25 October 2018 and elected Vicky Blake (NEC and University of Leeds) and Elane Heffernan (NEC and Hackney Community College) as its co-chairs. All commission members received a folder containing the union’s rules and standing orders, and additional information about the union’s structure. It was clear, from debate at this meeting, that the potential scope of the commission’s remit was very wide, and shaping this into areas for discussion and recommendation was a formidable task. Issues relating to the timescale for reporting back to Congress were also noted from this early stage.
1.4 At the commission’s second meeting on 7 December 2018, five key areas in which work would be developed were identified (referred to by the commission as ‘working groups’):
A: Recall (of elected members and general secretary) and triggers (for recall)
B: Accountability (other than recall) and transparency
C: Structural issues/implications, including the role of paid officials
D: Conduct of disputes
E: Engagement and representation.
1.5 This meeting also agreed that an interim report, including recommendations and rule changes where these were complete, should be made to the annual meeting of Congress 2019. A special one-day conference should then be held in November 2019 to discuss the commission’s final report and recommendations. The commission have noted that its report might include recommending a further democracy commission or similar be elected to progress more areas work, though the commission will try to do as much as possible in the timeframe available. In the event that the special Congress in November 2019 is inquorate, the commission proposes that all of its motions and business will be debated and voted on at Congress 2020.
1.6 The commission has held five meetings. At its third and subsequent meetings (11 January, 22 February, 8 March), proposals under the five headings have been discussed and shaped. It was agreed at the third meeting that that matters under working group A (recall) and working group B (accountability and transparency) would take priority for the interim report to Congress 2019.
1.7 Confirmed minutes of the commission’s meetings have been placed on the democracy commission’s webpage, and members have been able to pass comments on to the commission via an email address publicised to branch officers and members in December 2018 and January 2019 (and continuously appearing on the webpage).
1.8 In addition to its meetings, the commission has worked via an on-line document sharing space, bringing forward papers for discussion. The recommendations in this report reflect decisions made by a majority of commission members, present at the commission’s meetings.
1.9 The commission has received administrative support from Paul Cottrell (acting general secretary/national head of democratic services) and Catherine Wilkinson (head of constitution and committees).
2 About this report
2.1 This is an interim report. It reflects work of the commission up and including its meeting on 8 March 2019. The commission has asked the NEC to submit this report and related motions to the annual meeting of Congress 2019 in keeping with the timetable for motion submission.
2.2 The commission may also produce a further collection of papers or proposals to be circulated to Congress as a discussion document (not for adoption or decision). Noting that many decisions of the commission have not been unanimous, the co-chairs have, over the course of the commission’s work, invited any position papers, including minority positions from commission members, to be submitted for discussion and to be made available for wider feedback.
2.3 As part of the process leading up to the commission’s final report to the November special Congress, the commission will actively seek feedback from branches and regions. The Democracy Commission will also encourage branches and regions to hold meetings specifically to discuss the issues raised by their report and for members to discuss content and motions they might send to the Special Congress.
3 Working group A: Recall (of elected members and general secretary) and triggers (for recall)
3.1 The commission decided to prioritise consideration of a process for the recall of elected NEC members and the general secretary, noting the explicit reference to this in motion B19. The ‘recall’ rule that exists for branch officers and committee members in 51¸£Àû’s model local rules was noted. The matter was discussed at length, unsurprisingly, given its seriousness. Whilst the principle of having a recall process was agreed to be important by the majority of commission members, it was not envisaged that frequent use would be made of the provision.
3.2 The commission noted that, under current legislation, a vote to recall could not constitute disciplinary action by the union, and therefore could have no investigative process or adjudication attached. The commission characterised it as an expression of political will.
3.3 At its fourth meeting on 22 February, the commission’s discussions focussed on recall as it applied to the position of general secretary. The commission agreed in principle that all NEC members should be subject to recall, but noted that there were very specific issues relating to NEC constituencies, if recall by Congress was being considered. The position of the devolved nations, whose NEC positions are tied to devolved nation positions (such as honorary secretary 51¸£Àû Scotland, president 51¸£Àû Wales etc), was noted.
3.4 The commission noted that the term for all NEC members (other than the presidential run) was two years, shorter than the GS term of five years. The commission intends to return to the issue of recall for NEC members in its report to the November special Congress.
3.5 Legal advice on the issue of recall was received by the commission at its meeting on 22 February which presented the difficulties of creating a lawful recall mechanism via Congress. The commission agreed (though not unanimously) the following statement:
This meeting of the democracy commission notes that trade unions have to uphold the principles of natural justice and operate on that basis.
We therefore note the legal advice provided to us in line with this and recommend that proposed changes to rule be drafted in line with the options for lawful recall arrangements.
3.6 The commission drafted questions and proposals on which it requested further legal advice.
3.7
The commission also agreed (not unanimously) that, if
it found itself in the position of recommending to Congress that an appropriate
recall is not legally possible, the way to have more accountability would be
through a shortening of the general secretary term of office, requiring a fresh
election every three years to shorten the term.
3.8 At its meeting on 8 March, the commission considered further legal advice provided in response to its questions. It also noted the NEC’s decision, following the resignation of Sally Hunt, to call a general secretary election at the earliest possible opportunity, using an essentially unamended contract of employment for the position of general secretary.
3.9 The commission has agreed that the role of general secretary should be subject to a recall process subject to the endorsement of Congress. In order that the law is fully complied with, it is proposed that the precise details of this process be put to the special Congress in November. It is expected that this will involve rule changes and consequent amendments to the contract of the general secretary. Should this be accepted it apply to all future post holders and will apply to the current post-holder subject to their agreement and that of the staff union.
3.10 If the November Congress proves to be inquorate, the matter will be put before the next Congress. In the meantime, we have asked the nominees for general secretary to agree to a statement prior to their election.
3.11 The co-chairs of the democracy commission will write to candidates in the GS election 2019, explaining that the democracy commission has discussed across several meetings and agreed that the GS should be subject to recall and ask them to agree the following statement:
ÌýÌýÌýÌýÌýÌýÌýÌýÌý Subject to the decisions of Congress and special Congress, and negotiations with the staff union, I accept that:
· should Congress agree a recall process, related to the membership expressing that it has lost confidence in the general secretary, that my contract should be changed to make that recall process possible. I also accept the obligation to follow union rules means that the general secretary could be subject to recall and termination clause 1 can be used in that event.
· I would work to implement any other changes, including any that change the structure or roles of officers of the union, that are introduced in response to the recommendations of the democracy commission.
3.12
Working
group A: Recall (of elected members and general secretary) and triggers (for
recall) – recommendation
3.12.1 Recommendation 1
The commission recommends that a lawful mechanism for the recall of the general secretary be incorporated into the rules of 51¸£Àû. The commission intends to bring rule changes to effect this to a special conference in November 2019.
4 Working group B: Accountability (other than recall) and transparency
4.1 The commission identified a number of areas in which accountability and transparency could be improved. Whilst democratic structures exist within the union, the processes and relationships involved are not always clear to members. The policy of the union as agreed by Congress is not always readily available either (see recommendation 4 below).
4.2 The commission agreed it should try to audit accountability in its widest sense throughout the union’s structures, including the accountability of the general secretary, paid officials, officers, NEC members, regional and other committees. This is an ongoing area of work which may include identifying where and how accountability can be strengthened.
4.3 Some of the work identified in this area was about making information readily available. In some cases that information needs to be gathered and shaped – such as in the creation of role descriptions for national officer roles. In other cases, the information exists but needs to be made more readily available – such as the ability to find 51¸£Àû policy, as passed by Congress, specific to particular issues.
4.4 There is a specific rule change recommended in this section, which seeks to clarify how the powers and duties of the general secretary may be delegated. The rule change specifically delegates any duties relating to negotiations or representation of the union to the president and president-elect. The intention is to ensure that these roles rest with officers who are accountable to the membership by election (recommendation 2).
4.5 A greater understanding of the roles of the union’s national officers was sought. It was assumed that this was not clear to many members, including at the point of voting to elect the union’s vice president, who goes on to become president. The initial discussion of the issue led to an immediate administrative change in the current year: ballot materials sent out in February 2019 referred to ‘Vice president (becoming president in 2020-2021)’.
4.6 There are now two strands of work for further development: the creation of role descriptions for national officer positions, and a proposed title change to create ‘joint presidents’ (one HE, one FE) for the second and third years of the presidential run. Differentiation between the two joint president roles, and any impact on the current equivalent roles, remains a matter for further discussion by the commission. A means by which members can contact NEC members was a matter included in a 2018 Congress resolution. The commission discussed this, and options such as profile pages for NEC members, at some length, noting that it was a potentially difficult area. The need for openness and transparency had to be balanced with the very real need for some members to limit their online visibility for reasons of personal privacy and security. At the time of writing, methods are being explored to allow contact from members whilst maintaining appropriate levels of privacy.
4.7 The way in which NEC members can bring business directly to NEC meetings was raised, seeking an option beyond a 150-word motion (which NEC members can submit under the NEC’s current standing orders). Recommendation 4 below proposes that the NEC amend its standing orders in this respect, to specifically allow for discursive papers directly from NEC members.
4.8 The commission noted that, over the course of the time in which its meetings were being held, the implementation of other motions passed by Congress 2018 was making small enhancements to the transparency of the union’s structures. Whilst the commission would like to see greater changes, since February 2019, agenda items for NEC, HEC and FEC meetings have been made available to members on-line approximately one week before each meeting. The process for motions from branches reaching the NEC, HEC and FEC is being clarified. The NEC’s recruitment, organising and campaigning committee have considered an ‘infographic’ of 51¸£Àû’s structure, and a ‘plain English’ description of existing structures has been drafted.
4.9 There are members of the commission who wish to bring forward the issue of the composition of Congress. This touches on several of the working group strands – accountability (group B) but also structure (group C) and engagement and representation (group E). The prioritising of other issues has meant that this has not yet been discussed. Initial position papers on this are expected for inclusion in the discussion document that the commission intends to circulate to Congress.
4.10 Three other issues were brought to the commission which it was not possible to discuss in detail prior to the publication of the interim report: electronic voting at Congress and sector conferences; live video streaming of Congress and sector conferences; and the audio recording of meetings of the national executive committee, higher education committee, and further education committee, to ensure accurate reporting. The commission has agreed it will return to the discussion of these topics.
4.11
Working
group B: Accountability (other than recall) and transparency – ongoing work and
recommendations
4.11.1
Ongoing
work: audit of accountability
The commission intends to carry out an audit of accountability throughout all levels of the union’s democratic structures – including the accountability of elected officers and national committees. The commission will include any recommendations in its final report.
4.11.2
Ongoing
work: Role descriptions for officers of the union
The commission aims to produce role descriptions for the union’s officer positions (vice president, president elect, president, immediate past president and honorary treasurer, as currently named).
4.11.3
ÌýOngoing work: Officer titles and roles
The commission intends to explore how the current president-elect and president years of the presidential run may be re-titled as two years as joint president. This would mean that at any one time there was a joint president from each sector. This ties in to the work on role descriptions for the officers of the union described in 3.9.2 above, and may involve re-considering how some aspects of the (current) president-elect and president roles function.Ìý
4.11.4
Recommendation
2: rule change - Delegation of general secretary powers
Delete rule 28.2:
28.2 The
General Secretary may delegate any power or duty of, or allocated to, the
General Secretary under these Rules to another employee of the Union as the
General Secretary shall determine.
Replace with:
28.2 The General Secretary may
delegate any power or duty of, or allocated to, the General Secretary under
these Rules in the following ways:
28.2.1Ìý
Those which relate to negotiations or representation of the Union shall
be delegated to the President and President Elect.Ìý
28.2.2 Those relating to day to day running of
the union, or pertaining to employees, or other matters not connected to
negotiations and representation of the NEC/union may be delegated to another
employee of the Union as the General Secretary shall determine.
Purpose:Ìý to create a mechanism for ensuring that, if
delegated, the representational powers and duties of the General Secretary would
be transferred to elected officers of the union, while powers relating to
staffing and the day to day running of the union can be delegated to employees
of the union.
4.11.5
Recommendation
3: To make Congress policy to available to members, including information on
the progress to implement policy
The commission recommends that all Congress policy should be accessible from 51¸£Àû’s website, including information on actions that have been taken to implement the policy, in a form that is searchable by members. This represents a major piece of work – not least because over 2000 motions have been passed by Congress and the sector conferences since the formation of 51¸£Àû. Also, policy development is cumulative and not represented simply by the latest motion passed on a particular topic. How this can best be managed and resourced requires further consideration.
4.11.6
Recommendation
4: A change to the NEC’s standing orders to allow NEC members to submit
discussion papers directly to NEC meetings
At present, NEC members can submit motions of up to 150 words for decision at NEC meetings – motions which should be consistent with existing Congress policy. Committee papers are written by staff members, often reflecting issues which have been discussed in one of the NEC’s sub-committees or otherwise further the union’s current priorities and policies.
In order to allow NEC members to present more information, and where a more generalised discussion may be useful, a proposal to allow NEC members to bring forward discussion papers is being recommended by the commission.
It is recommended that the NEC amend its standing orders by making the following addition:
3.5ÌýÌý NEC members may additionally submit one report (of up to 1500 words) that they have produced (or have produced in collaboration with other NEC members) to each meeting. Such reports shall be intended to stimulate discussion on a topical issue or provide background evidence for a motion submitted under standing order 3.4. The deadline for receipt of reports shall be 5.00pm on the day that is seven calendar days before the meeting. Reports received after the deadline will not be accepted. A report submitted under this provision is not for adoption or decision by the NEC and the provision to submit amendments does not apply to reports.
Ìý
5 Working group C: Structural issues/implications, including the role of paid officials
5.1 The union’s current structures have often featured in the commission’s discussions. The issue of structures overlaps with other areas in this report. So far, there has been an emphasis on transparency and accountability in existing structures, rather than on any large scale change to those structures.
5.2 The commission noted from an early stage that some of its discussions had, sometimes loosely, sometimes more directly, a relationship to the role of 51¸£Àû staff. Some discussions highlighted that there are areas where members may not be clear about the role and responsibilities of 51¸£Àû staff, and how the role of staff is distinct from 51¸£Àû’s decision-making structures. For example, the higher education committee might agree the priorities for campaign material; 51¸£Àû staff will then produce that material. A policy document might be approved by the NEC’s education committee; written representations to government departments or other bodies to further that policy might be made by 51¸£Àû staff.
5.3 Three particular areas for consideration have been identified. The first is the possibility of elected deputy general secretaries. The pursuit of this forms a clear recommendation in this report (recommendation 5); the commission intends to bring the detail, including rule changes, to the November special Congress.
5.4 The other areas are: where members might contribute more to the union, but may find themselves limited by an overlap with the role of staff; and the role of 51¸£Àû’s regional officials as tellers at Congress.
5.5 In respect of democratic structures, the commission considered a report on the role and status of area liaison committees, and agreed that this should be taken forward. As far as commission members have been made aware, there is at present only one area committee with a notional existence. In the past, area liaison committees provided co-ordination among unions in consultations and negotiations with local authority employers within a local education authority area. Their relevance diminished after the incorporation of FE in 1992, but some continued in co-ordinating roles in respect of members employed in local authority adult education. They had some relevance to the Learning and Skills Councils that existed between 2001 and 2010. They have never formed part of 51¸£Àû’s formal structure and no longer function within the majority of regional committees.
5.6 Working group C: Structural issues/implications, including the role of paid officials – ongoing work and recommendations
5.6.1
Ongoing
work: Involving members in more aspects of the union’s work
The commission noted that there are 51¸£Àû members who have expertise in areas such as research and analysis, and publicity and campaigns, including design of materials. 51¸£Àû has staff who undertake this work as part of their contracted employment. The commission hope to find a way to allow members to become involved in a wider range of activities where this is within their specialist skills, without undermining existing staff roles.
5.6.2
Ongoing
work: Role of regional officials as Congress and sector conference tellers
The commission agreed that it wanted to discuss this issue. If the commission agrees to recommend a change to the usual practice of appointing regional officials as tellers at conferences, this will be brought forward in the final report.
5.6.3
Ongoing
work: Standing orders for area committees
The commission agreed that area committees (see para 5.5 above) should be able to exist where these continued to be useful, and that these committees should have standing orders.
5.6.4
Recommendation
5: Deputy general secretaries
The commission recommends that there should be a second layer of elected posts working in co-ordination with the general secretary to oversee major areas of work. The commission is exploring the option of two deputy general secretaries filling these posts. This will include looking at how these roles will relate to existing 51¸£Àû officers and staff.
6 Working group D: Conduct of disputes
6.1 The background to the commission’s existence sits, in no small part, within the USS dispute. This campaign delivered industrial action of unprecedented duration by a large number of members, including some members who were less familiar with the structures of 51¸£Àû: both new members, and long-standing members who had not previously engaged with the union to such a large degree. Some members were frustrated with processes of consultation and decision-making which they did not experience as transparent, in a dispute where they had made significant personal and professional sacrifices and shown great commitment to the strike action.
6.2 Decision-making as it relates to national disputes is an important issue, and can present challenges for the union as ongoing disputes change and develop between meetings of the relevant sector conference. Sector committees and sector conferences are clearly defined and constituted in rule, but there is currently no reference in rule to disputes committees. The formation of the national disputes committee (NDC) by the higher education sector conference highlights the need to consider what role disputes committees should have in national disputes, and the need for clarity in respect of the duties and powers of any such bodies.
6.3 A rule change is proposed which, in respect of multi-institution disputes including national disputes, would establish a dispute committee constituted on the same delegate basis as a sector conference in respect of those branches involved – recommendation 6. These committees would be specific to each dispute and would have no existence outside of the period of the dispute. The proposal seeks to ensure that democratic control of the dispute rests with the branches involved. The rule change requires the dispute committee to approve all decisions around ‘tactics, continuation, escalation, or ending of an industrial dispute, including putting to the membership for approval a proposed deal to settle the dispute’. In addition, the commission noted how positive and powerful the bringing together of different branches involved in a dispute could be.
6.4 The commission noted the need for any delegation of the NEC’s power to call industrial action to be clearly and carefully set out, to ensure compliance with relevant legislation. The commission hopes that any issues can be resolved within the framework of the proposed rule change.
6.5 Working group D: Conduct of disputes – ongoing work
6.5.1
Recommendation
6: Rule change - Dispute committees
Insert new rule 35, Dispute committees:
For
all multi-institution industrial disputes, a dispute committee will be
constituted immediately following a successful ballot from delegates from each
branch involved in the dispute, which will exist for the duration of the
dispute. Delegates will be elected or nominated by branches, with delegate
entitlements as per those prescribed for Sector Conferences in rule 17.2. The
committee will be chaired by the relevant Vice President (for single sector
disputes), or by the President (for cross-sector disputes). The frequency of
meetings will be determined by the committee. Branches may send different
delegates to each meeting.
No
decision affecting the choice of tactics, continuation, escalation, or ending
of an industrial dispute, including putting to the membership for approval a
proposed deal to settle the dispute, can be taken without the approval of the
dispute committee constituted for that dispute.
(Renumber
remaining rules as necessary).
Purpose: To establish in rule disputes committees for
multi-institution disputes.
7 Working group E: Engagement and representation
7.1 The need to represent the whole of membership, including members who are less active, members in equality groups, and members in more marginal strands of employment such as adult and prison education, is a theme that the commission has returned to throughout its discussions. Issues of participation and engagement, as well as representation, have been noted and discussed.
7.2 Perceptions that ‘51¸£Àû is not for…’ can only harm the strength of the union and the confidence of members that they will be represented. Representation in formal structures takes on a range of forms within 51¸£Àû (reserved NEC seats, advisory committees, annual meetings, informal networks) – the solution is not the same for every group.
7.3 Due to the prioritising of other areas of work, the commission’s discussions in this area remain at an early stage. The issues raised so far are gaps in representation, representation of migrant and international workers, and protocols for speaking at meetings which reflect and promote equality of participation and oppose aggressive and other inappropriate behaviour. The composition of Congress has also been noted in relation to engagement and representation – this is reported under working group B, accountability and transparency.
7.4 Proposals were brought to 8 March meeting around national election procedures, specifically: the possibility of nationally organised, recorded hustings meetings; finding ways to allow candidates to interact with or make materials available to members beyond their election address. The commission considered the proposal of national recorded hustings favourably, whilst noting that there were potential issues in respect of the current guidance which prohibits the use of the union’s resources for election campaigning. Other proposals intended to increase engagement in elections may be returned to.
7.5
Working
group E – Engagement and representation - ongoing work and recommendation
7.5.1 Ongoing work: Gaps in representation
The commission agreed to examine where gaps in representation may lie within the union, both in formal structures and other organising work for example, migrant workers.Ìý
7.5.2
Recommendation
7: National recorded hustings
The commission recommends that, subject to any issues relating to the use of unions resources being resolved, the creation of national, recorded hustings (ie available to view on 51¸£Àû’s website) be investigated for NEC elections. The Commission also recommends that a mechanism be found to allow members to submit questions to such a national hustings event in advance.
Appendix 1: Congress
motions
B19 Ìý Democracy review
Congress notes:
1.
concerns from many branches and members about the
processes behind the consultative ballot on the USS offer of 23rd March
2.
the lack of inter-election mechanisms by which
to recall or hold elected union representatives to account.
Congress resolves:
a.
to undertake a review before Congress 2019 of 51¸£Àû's
democratic structures via a democracy commission
b.
that the commission should be elected by and from
branches, regional committees, devolved nations and advisory committees of the
union
c.
to empower the commission to recommend changes to
51¸£Àû's democratic structures at a one day special Congress, for discussion
and voting on by branch delegates.
L9 ÌýÌý Democracy Commission
Congress notes Congress 2018 has
resolved to set up a Democracy Commission to review our democratic structures.
Congress resolves:
1. that
candidates for election to the commission must be nominated by their respective
branches, regions or advisory committees
2. that
the commission must be elected and have held their first meeting by 31 October
2018
3. regional
committees, devolved nations, branches and advisory committees must be strongly
encouraged to organise specific meetings to discuss the issues that are to be
discussed by the commission
4. the
Commission shall draw up recommendations to put to a one-day special Congress
to discuss how our democratic structures should function and what they should
look like.
Appendix 2:
Membership of the commission
Co-chairs: Vicky Blake (NEC [becoming vice president from 27 May 2019] and University of Leeds), Elane Heffernan (NEC and FE Central Group England)
Regional and devolved
nation seats
Alan Barker (University of Nottingham), East Midlands
Sharon Broer (FE central group), West Midlands
Alison Chapman (NEC and City College Plymouth), South West
Lindesay Dawe (Ulster University), Northern Ireland
Nina Doran (City of Liverpool College), North West
Geraint Evans (Bradford College), Yorkshire and Humberside
Jeff Fowler (Sunderland University), Northern
Ann Gow (NEC [to 27 May 2019]and University of Glasgow), Scotland
John Hadwin (Guildford College), South East
Dr John Hogan (Anglia Ruskin University), Eastern and Home Counties
Chris Jones (NEC and NPTC Group), Wales
Denis A Nicole (NEC [to 27 May 2019] and University of Southampton), South
Keith Simpson (City, University of London), London
Branch seats - Further education
Cecily Blyther (NEC and Petroc)
Jacqueline D’Arcy (NEC [from 27 May 2019] Warwickshire College Group)
Martha Harris (City of Liverpool College [Arts and Mulberry])
Margot Hill (NEC and Croydon College)
John James (Coleg Gwent [Newport])
Kerry Lemon (NCG - Newcastle College)
Rachel Minshull (Leeds City College)
Justin Wynne (NEC [to 27 May 2019] and East Sussex College Group [Hastings])
Prison education
Brian Hamilton (NEC and NOVUS Prison Education)
Adult and Continuing Educators (ACE)
Naina Kent (Hackney Adult Education)
Branch seats - Higher education
Mark Abel (NEC and University of Brighton [Grand Parade])
Dr Caitlin Adams (Open University)
Dr Douglas Chalmers (President elect [becoming President from 27 May 2019] and Glasgow Caledonian University)
Rachel Cohen (City, University of London)
Jane Harvey (University of Wolverhampton [Walsall])
Pat Hornby Atkinson (NEC [to 27 May 2019] and Edge Hill University)
Kirsty Keywood (University of Manchester)
Jess Meacham (University of Sheffield)
Lesley McGorrigan (NEC [from 27 May 2019] University of Leeds)
Christina Paine (NEC and London Metropolitan University [City])
Sean Wallis (NEC and University College London)
Saira Weiner (NEC [from 27 May 2019] Liverpool John Moores University)
Equality standing committee and employment special interest group
committees
Vicky Blake (NEC [becoming vice president from 27 May 2019] and University of Leeds), Academic related, professional staff committee
Martin Chivers (City, University
of London), LGBT+ members standing committee
Elane Heffernan (NEC and FE
Central Group), Disabled members standing committee
To 13 February 2019: Rhiannon
Lockley (NEC and Halesowen College), from 13 February 2019: Annie Jones
(Sheffield Hallam University) Women
members standing committee
Sam Morecroft (University of Sheffield), Anti-casualisation committee
Nita Sanghera (Vice president [becoming president elect from 27 May 2019] and Bournville College), Black members standing committee
Ìý