51福利/983 18 November 2019
Carlow
Street, London NW1 7LH, Tel. 020 7756 2500, www.ucu.org.uk
To听听听听听听听听听听听听听听听听听听 Branch and local association secretaries
Topic听听听听听听听听听听听听听 First report of the Congress Business Committee: Special Congress to discuss 51福利鈥檚 democratic structures and the recommendations of the democracy commission
Action听听听听听听听听听听听 Amendments to motions to this report must be submitted by 12:00 noon Wednesday 27 November 2019
Summary 听听听听 Motions submitted for debate to the special Congress taking place on 7 December 2019 are set out in this circular听听听听听听听听 听听听听听听听听听
Contact听听听听听听听听听 Catherine Wilkinson, head of constitution and
committees cwilkinson@ucu.org.uk
听听听听听听听听听听听听听听听听听听听听听听
FIRST REPORT OF THE CONGRESS BUSINESS
COMMITTEE
Special Congress, 7 December 2019
To discuss 51福利鈥檚 democratic structures
and the recommendations of the democracy commission
(Venue: Manchester Central Convention
Complex)
At its meeting on Friday 15 November
2019, the Congress Business Committee (CBC) considered motions submitted to the
special Congress meeting that will be held on 7 December 2019.
Business of the special Congress
The business of this
special Congress is, as described in the calling notice, 51福利/976: to discuss
51福利鈥檚 democratic structures and the recommendations of the democracy commission.
Information about this special Congress including the final report of the democracy commission can be found at /1daycongress2019
1
FOR
REPORT
1.1 Motions received
Thirty-nine motions and four amendments to motions already published (with the democracy commission鈥檚 report) were received by the deadline and considered by the Congress Business Committee (CBC).
1.2听听听 Motions
not ordered into agenda
One motion was not ordered onto the agenda as it was not passed in accordance with the Congress standing orders. This appears at the end of the agenda as motion A.
All other motions and amendments received were ordered onto the agenda.
1.3听听听听
Compositing of motions
No motions were composited or otherwise re-ordered.
1.4 听听 Consequentials
CBC identified five instances where the passing of one motion or amendment would have a consequence for a subsequent motion or amendment. These are indicated in this document as 鈥楥BC advice鈥�.
1.4 Ordering of motions
Motions have been ordered by CBC into three sections:
Section 1: Recommendations of the democracy commission
Section 2: Democratic structures - Congress and sector conferences
Section 3: Democratic structures 鈥� other issues
1.5 Timetable for special Congress, Friday 7
December 2019
10:15 听听听听听听听听听听听听听听听听听 Registration
opens
11:00听听听听听听听听听听听听听听听听听听听听听听听听听听听 Special Congress opening business:
听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听 Welcome
and chair鈥檚 business
听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听 Appointment
of tellers
听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听 Report
of the Congress business committee
11:20听听听听听听听听听听听听听听听听听听 Presentation
of the report of the Democracy Commission
11:35听听听听听听听听听听听听听听听听听听 Debate
of motions
13:00 听听听听听听听听听听听听听听听听听听 Lunch (a sandwich lunch will
be provided)
14:00听听听听听听听听听听听听听听听听听听 Debate
of motions, continued
16:25听听听听听听听听听听听听听听听听听听 Closing
business
16:30听听听听听听听听听听听听听听听听听听 Close
of special Congress
All business will be
taken in private session.
2听听听听听听 FOR
ACTION 鈥� amendments and late motions听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听听
2.1听听听 Amendments
to motions
The deadline for receipt of amendments to motions set out in this circular is 12 NOON, Wednesday 27 November 2019.听 Each amendment must
i. State clearly the number of the motion to which it refers
ii. Indicate the way in which it relates to the motion (eg. 鈥榓dd at end鈥�)
iii. be within the word limit for Congress amendments, that is, add not more than 75 new words to a motion
iv. be certified by the branch secretary or other local officer as being properly approved by a quorate branch general meeting or branch committee meeting
Amendments must add no more than 75 words to the motion
which they amend and must be submitted
in accordance with section 3 of the Standing Orders and rule 16. Congress
standing orders are available at /1daycongress2019
Branches are entitled to submit one amendment. Amendments to rule change motions do not count towards the entitlement to one amendment.
Committees entitled to submit Congress amendments may also do so in accordance with their usual Congress entitlements, provided that these amendments can be approved in accordance with standing orders (usually by a quorate meeting of the committee).
Amendments can be submitted by branch/local association secretaries using the on-line form available at /1daycongress2019 . Please submit each amendment separately. Alternatively, amendments can be emailed to congressmotions@ucu.org.uk 鈥� emails must provide all the information noted above.
The receipt of all amendments will be acknowledged. If you
do not receive acknowledgement of an amendment that you have sent, please
contact 51福利 before the deadline for
receipt of amendments 鈥� by telephone to Catherine Wilkinson or Kay Metcalfe
(020 7756 2500). Branches are advised not to leave the submission of amendments
to the last minute and as far as possible use the online form /1daycongress2019
Amendments and late motions (see below), if any, will be considered by CBC. A second CBC report, which will form the agenda for the special Congress, will be available on 51福利鈥檚 website not later than Monday 2 December. Delegates will be notified by email of this and hard copies will be provided at the special Congress venue.
2.2 Late
motions
All motions received at 51福利 head office after the deadline for the submission of motions are referred to as 鈥榣ate鈥� motions.听 For CBC to accept a 鈥榣ate鈥� motion for ordering into the agenda it must satisfy all the following criteria (in accordance with Congress standing order 11) and in addition must be within the specified business of the special Congress, to discuss 51福利鈥檚 democratic structures and the recommendations of the democracy commission:
i听听听听听听听听 it is urgent or timely and requires a decision of this special Congress;
ii听听听听听听听 it could not have been submitted within the prescribed time limit; and
iii听听听听听听 it has been approved in accordance with the standing orders of Congress and the branch/local association rules.
In submitting a 鈥榣ate鈥� motion
branches/local associations must explain how the above criteria are met. Late
motions can be submitted by branch/LA secretaries using the on-line form at /1daycongress2019
Late
motions, if any, submitted by the amendment deadline of noon, Wednesday 27
November 2019, will be put to CBC to consider at their second meeting.
Late motions should be submitted at the earliest possible opportunity and not at 听the last minute. 听
Special Congress to discuss 51福利鈥檚 democratic structures and the
recommendations of the democracy commission
Motions for debate
Motions shown as 鈥楴ational executive committee (DC recommendation)鈥� have been submitted by the NEC without the NEC taking a position on the motion, in order to put the democracy commission鈥檚 recommendations to Congress in accordance with Congress policy. Motions shown as 鈥楴ational executive committee鈥� are submitted directly by the NEC reflecting a substantive decision of the NEC, unrelated to the report.
All business will be taken in private session.
Section 1:
Recommendations of the democracy commission
CBC advice: if motion 1
passes, motion 2 falls.
1听听听听听听 Rule
change: General secretary instructions and breach of instructions听听听听听听听听听 National executive committee (DC
recommendation)
听听听听听听听听听 Two-thirds
majority required
Congress approves recommendation 1 of the democracy commission鈥檚 final report, Rule change: General secretary instructions and breach of instructions.
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.
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鈥檚 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鈥檚 recommendation
to establish these positions is carried [words in square brackets].
1A.1听 51福利
Wales Council
Add to Rule 30 Title (鈥楻egional committees鈥�) 'and Devolved Nations'
Rule 30.2, after Regional Committees, add 'and Devolved Nations decision making bodies'
Purpose: proposed Rule 18.5 gives devolved nations the right to
initiate an independent investigation under Rule 30.2 but, at present devolved
nations are not mentioned in or covered by Rule 30 or Rule 30.2.
2听听听听听听 Rule changes: General secretary instructions and breach of
instructions University of Sheffield
Two-thirds majority
required
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.
Renumber current 28.2 as 28.3.
Add to 12.6.2 (rights and responsibilities of branches) new
point (v):
v. to alert the NEC to any perceived breach of rule 28.2 and
receive a timely reply.
Renumber current (v) as (vi)
Add new 18.5:
If at least 20 branches/local associations from separate
institutions across the Union exercise their right under rule 12.6.2 in a
quorate general meeting, 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.
Renumber the rest of rule 18 as appropriate.
Purpose: to specify the GS鈥檚 obligation to act in accordance
with instructions of the NEC and provide a mechanism requiring the NEC to
initiate an investigation if 20 branches/local associations require it.
*Also to be applied to Deputy General Secretaries if the
commission鈥檚 recommendation to establish these positions is carried [words in
square brackets].
To place the responsibility of calling an investigation of a
GS [or Deputy GS if position is created] with branches/local associations, as
they represent the most fundamental units of member representation in the
union.
3听听听听听听 NEC
response to the democracy commission report听听听听听听听听听 West
Midlands regional committee
Congress notes:
1. The West Midland Regional Committee
regrets the NEC changing part of the final Democracy Commission report.
2. The Democracy Commission had
considered their report at length, which the NEC then changed without
consultation.
3. There is no legal reason why the
original wording cannot be included in the document.
Congress instructs that the original wording in the report be reinstated with immediate effect.
For information: the change made at the NEC鈥檚 instruction was the
removal of the words 鈥榓nd failure to do so may be misconduct up to and
including gross misconduct鈥� from the end of proposed new rule 28.2 in
recommendation 1 (motion 1).
4听听听听听听 Congress standing orders: Ordering of motions by CBC 鈥� criticism of GS National executive committee (DC recommendation)
Two-thirds majority
required
Congress approves recommendation 2 of the democracy commission鈥檚 final report, Congress standing orders: Ordering of motions by CBC 鈥� criticism of GS.
Recommendation 2 鈥�
Congress standing orders: Ordering of motions by CBC - criticism of GS
Standing order 49ii (motions
not appropriate for debate), after 鈥︹�榖ecause motions criticise individual
employees鈥�, add 鈥榳ho have no right to address Congress/Conference鈥�
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. [鈥 Congress Business Committee shall determine
its recommendations on:
ii 听听 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.
5听听听听听听 Rule change: GS term of office听听听听听听 National
executive committee (DC recommendation)
Two-thirds majority
required
Congress approves recommendation 3 of the democracy commission鈥檚 final report, Rule change: GS term of office.
Recommendation 3 鈥�
Reduction in GS term of office
Rule change: GS term of
office
Rule 28.1, delete 鈥榝ive years鈥� and replace with 鈥榯hree years鈥�.
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.
6听听听听听听 Rule
change: Limit on consecutive GS terms听听听听听听听听听听听 National executive committee (DC
recommendation)
Two-thirds majority
required
Congress approves recommendation 4 of the democracy commission鈥檚 final report, Rule change: Limit on consecutive GS terms.
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.
7听听听听听听 Rule changes: Officers of the union听听听听听听听 National executive committee (DC recommendation)
Two-thirds majority
required
Congress approves recommendation 5 of the democracy commission鈥檚 final report, Rule changes: Officers of the union.
Recommendation 5: Rule
changes - officers of the union
Rule 15.4, add:
鈥楾he 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.鈥�
Rule 15.1, (officers of the
union), delete 鈥榠mmediate past president鈥�.
Delete other references to the
immediate past president in 51福利 rules and Congress standing orders as follows:
Rule 15.2 (term of vice president becoming president), delete 鈥榓nd then Immediate Past President for the next following year.鈥�
Rule 21.1, (filling of casual vacancies) delete final sentence: 鈥楢 vacancy in the office of Immediate Past President will not be filled.鈥�
Rule 21.2 (filling of vice president casual vacancy), delete 鈥榓nd then to the office of Immediate Past President,鈥�
Congress standing order 16 (chairing of Congress), delete 鈥榦r by the Immediate Past President.鈥�
Purpose: to change the
effect of the officer status of the honorary treasurer, removing their vote in
any decision-making by the union鈥檚 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.
8听听听听听听 Role descriptions for the union鈥檚 officer roles听听听听听听听听听听 National executive committee (DC
recommendation)
Congress approves recommendation 6 of the democracy commission鈥檚 final report, Role descriptions for the union鈥檚 officer roles.
Recommendation 6: Role
descriptions for the union鈥檚 officer roles
The commission asks that the NEC create role descriptions for the union鈥檚 officer roles and makes these available to members.
9听听听听听听 Reporting of GS, president and vice president activities听听 National executive committee (DC
recommendation)
Congress approves recommendation 7 of the democracy commission鈥檚 final report, Reporting of GS, president and vice president activities.
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福利 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鈥� understanding of these roles and the visibility of role-holders. The system should feature regular updates (at least monthly). It should take account of:
路 ease of updating
路 accessibility of format
路 providing sufficient and sufficiently timely information that NEC and Congress are able to exercise informed oversight
路 where relevant, the need for some information not to be put immediately into the public realm.
CBC advice: if motion 10
passes, motion 11 falls
10听听听听 Rule change: Deputy general secretaries听听听听听听听听听听听听听听听听听 National executive committee (DC recommendation)
Two-thirds majority
required
Congress approves recommendation 8 of the democracy commission鈥檚 final report, Rule change: Deputy general secretaries.
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 鈥� delete 鈥榯o another employee of the union鈥�; replace with 鈥榯o the Deputy General Secretaries鈥�.
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 听听听听听听 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 听听听听听听 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 听听听听听听 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 听听听听听听 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.
11听听听听 Election of Deputy General Secretary听听听听 Yorkshire and Humberside retired members
Two-thirds majority
required
It is proposed that this rule change come into effect at the time of the next election for General Secretary.
Rule 20.5 (counting order for NEC elections)
Insert after 20.5 鈥榠i General Secretary鈥�
iii. Deputy General Secretary
and renumber accordingly
Rule 28.2 (delegation of duties by the general secretary), end of sentence, delete 鈥榓s the General Secretary shall determine鈥� and replace with 鈥榠n consultation with the Deputy General Secretary鈥�.
Insert new Rule 29 and renumber other rules accordingly:
29 Deputy General Secretary
The Deputy General Secretary shall be the deputy 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 five years by the membership of the Union, under procedures agreed by the National Executive Committee.
Rule 29.1 (engagement of other employees), after 鈥楨mployees other than the General Secretary鈥�, add 鈥榓nd Deputy General Secretary鈥�
Schedule B
Add in procedures, as determined by NEC, for election of Deputy General Secretary.
Purpose: to
establish an elected post of Deputy General Secretary.听 The rule change to come into effect at the
next time an election occurs for the General Secretary.听 Nothing in this rule change has any
implications for employment status of any other members of 51福利 staff.
12听听听听 Oversight
of recruitment, appointment and remuneration of 51福利鈥檚 senior officials听听听听听 National executive committee (DC
recommendation)
Congress approves recommendation 9 of the democracy commission鈥檚 final report, Oversight of recruitment, appointment and remuneration of 51福利鈥檚 senior officials.
Recommendation 9:
Oversight of recruitment, appointment and remuneration of 51福利鈥檚 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.
13听听听听 Congress standing orders: Curtailment of Congress听听听听听听听听听 National executive committee (DC
recommendation)
Two-thirds majority
required
Congress approves recommendation 10 of the democracy commission鈥檚 final report, Congress standing orders: Curtailment of Congress.
Recommendation 10:
Congress standing orders 鈥� 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.
14听听听听 Congress standing orders: Election of alternative chair听听听 National executive committee (DC
recommendation)
Two-thirds majority
required
Congress approves recommendation 11 of the democracy commission鈥檚 final report, Congress standing orders: Election of alternative chair.
Recommendation 11:
Congress standing orders 鈥� 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.
15听听听听 Negotiation with staff during the course of Congress听听听听听听 National executive committee (DC
recommendation)
Congress approves recommendation 12 of the democracy commission鈥檚 final report, Negotiation with staff during the course of Congress.
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福利 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福利 management. These members are charged with directly liaising with Congress / Sector Conference.
15A.1听听听听听听听听 University of Leeds
After 鈥榓bout matters directly related to Congress/Sector Conference鈥�, insert:听 鈥榓 process of binding arbitration should be sought to avoid halting Congress/Sector Conference.鈥�
16听听听听 Rule change: Dispute committees听
听听听听听听听听听听听听听听听听听 National executive
committee (DC recommendation)
Two-thirds majority
required
Congress approves recommendation 13 of the democracy commission鈥檚 final report, Rule change: Dispute committees.
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.
CBC advice: if amendment
16A.1 is passed, amendment 16A.2 falls.
16A.1听听听听听听听听 51福利 Wales Council
In the new rule 35.1 change all references to 'branch' to 'institution', and all references to 'branches' to 'institutions'.
16A.2 UCL
In proposed new Rule 35, insert after 鈥楧elegates will be elected or nominated by branches, with an entitlement of one delegate per branch鈥�, the following clause: 鈥�, who will wield a vote weighted in proportion to their Sector Conference delegate entitlement.鈥�
Purpose: to ensure
decisions made by such a body are in proportion to branch size, using the
formula used for electing delegates to conferences. It is envisaged that card
votes can be weighted and counted accordingly.
17听听听听 Final report of the democracy commission (51福利/975)听听听听听 National executive committee (DC
recommendation)
Congress adopts the final report of the democracy commission as set out in 51福利/975 (recommendations to be voted on separately).
18听听听听 The
life of the democracy commission听听听听听听听听听听听听 West
Midlands regional committee
Congress welcomes the work that the Democracy Commission has undertaken in an attempt to restore full accountability and transparency to decision making in our union.
Congress notes that the life of the Democracy Commission is due to end at the close of this Special Congress.
Congress instructs that the life of the Democracy Commission be extended to the Annual Congress at Bournemouth in May 2020.听 At this point it gives a summary of its work to Congress, and there should be a vote on extending the Commission for a further year. If needed the terms of reference should be revised at this time.
Section 2: Democratic structures 鈥� Congress and sector conferences
Two-thirds majority
required
In 16.7.1 after 鈥榮pecialist committees set up under Rule 25鈥� insert comma and add:鈥楢nnual meeting of retired members鈥�Add point 16.7.6鈥楾he annual meeting of retired members shall be entitled to submit two of the motions carried at its annual meeting to 51福利 annual Congress鈥�.Purpose: To give the annual meeting of retired members the right to send two motions directly to annual Congress.听 No provision is made for sending of amendments since by its nature an annual meeting cannot be scheduled in a way which would permit the sending of both motions and amendments.
20听听听听 Rule
change: Congress membership听听听听听 National executive
committee
Two-thirds majority
required
Rule 17.1, first clause, after 鈥樷�� National Executive Committee鈥�, add 鈥�, two members of each standing committee set up under rule 23.1 (one from each sector)鈥�
Purpose: to give each equality standing committee the ability to send
two voting delegates to Congress (currently each committee sends two
observers).
21 听听听 Congress standing order change: Speaking times at Congress听 听听听听听听听听 South west regional committee
Two-thirds majority
required
Standing Order 19: replace 鈥榝ive minutes鈥� with 鈥榝our
minutes鈥� and 鈥榯hree minutes鈥� with 鈥榯wo minutes鈥�
听听听听听听听听 Purpose: to reduce the speaking times in the
Congress standing orders for movers of motions (and sections of the NEC鈥檚
report to Congress) from five minutes to four minutes, and for all other
speakers from three minutes to two minutes.
22听听听听 Congress standing orders: 鈥楴ew-delegate friendly鈥� order of business for Congress听听听听听听听听听听听听 South west regional committee
Two-thirds majority
required
Standing Order 65: in section C, move points 2, 3,
and 4 to follow point 5, and renumber accordingly.
Purpose: to move other topics ahead of
the financial business in the order of private sessions of Congress.
CBC advice: if motion 23 passes, motion 24 falls.
23听听听听 Rule change and Congress standing order changes: Subsector conferences听 National executive committee
Two-thirds majority
required
Rule 12.6.2 (rights and responsibilities of branches), point ii, replace 鈥楽ector Conferences鈥� with 鈥楽ector and Subsector Conferences and observers to the appropriate Subsector Conference鈥�听听
Rule 12.7 (determination of sectors by Congress) Add after first sentence:
In addition, it will determine the Subsectors of pre-92 and post-92 Higher Education solely for the purposes of Subsector Conference organisation.
Rule 16.3 (annual report to Congress), second sentence, after 鈥樷�� motions passed by any鈥� special replace 鈥楽ector Conferences鈥� with 鈥楽ector and Subsector Conferences鈥�.听
Add new rule 16.4.1:
16.4.1 Subsector conferences of pre-92 and post-92 higher education may make decisions on professional and employment matters which are particular to that subsector. Such decisions will be equal in status to decisions of sector conferences, however, the higher education sector conference may also make decisions which are particular to a subsector.
Add new 16.7.6:
Motions and amendments to a subsector conference may be proposed by the higher education committee, by branches/local associations in that subsector, and by specialist committees and national equality standing committees. Each relevant branch, and each committee specialist and national equality standing committee shall be entitled to submit two motions and two amendments to a subsector conference.
Rule 16.10 (Congress business committee), replace 鈥楽ector Conferences鈥� with 鈥楽ector and Subsector Conferences鈥�.听
Rule 16.11 (Calling of special conferences):
First clause, after 鈥楴ational Congress鈥�, delete 鈥榦r鈥�, replace with comma; after 鈥楽ector Conferences鈥�, add 鈥榦r subsector conferences鈥�.
After 鈥樷�y the National Executive Committee or in the case of the Sector鈥�, add 鈥榦r Subsector鈥�.
After 鈥榦r for Sector Conferences, in the sector鈥�, add 鈥榦r for Subsector Conferences of a requisition from quorate meetings in 15 branches/Local Associations from separate institutions in the Subsector鈥�
At end of first sentence, after 鈥樷�ot less than one tenth of the members of the Union鈥�, add 鈥�,Sector or Subsector as appropriate鈥�.
Rule 17.3 (composition of sector conferences), second sentence, replace 鈥楽ector Conferences鈥� with 鈥楽ector and Subsector Conferences鈥�; after 鈥樷�ho are in that Sector鈥�, add 鈥榦r Subsector respectively鈥�.听
Add new 17.5:
17.5 In respect of pre-92 and post-92 subsector conferences, each higher education branch which is not in the relevant subsector may send one observer to a subsector conference. These observers will not be eligible to propose or speak to resolutions.
Rule 18.1 (responsibilities of the NEC), final sentence: 鈥楾he HEC and FEC shall abide by and implement the decisions passed by their respective sector conferences.鈥�, add, after sector, 鈥榓nd subsector鈥�.听
Amendments to Congress standing orders:
Standing order 3.1 (submission of motions), final sentence, replace 鈥楽ector conferences鈥� with 鈥楽ector or subsector conferences鈥�.
Standing order 3.2 (submission of motions), first sentence, replace 鈥楽ector conference鈥� with 鈥楽ector or subsector conference鈥�.
Standing order 3.3 (submission
of amendments), final sentence, after 鈥樷�pecial meetings of National Congress
or Sector,鈥� add 鈥榦r subsector鈥�.
Standing order 17 (chairing), in both instances, replace 鈥楽ector Conference鈥� with 鈥楽ector or Subsector Conference鈥�.
Standing order 18 (quorum), replace 鈥楽ector Conference鈥� with 鈥楽ector and Subsector Conferences鈥�. After 鈥樷�roportionate to the membership of each sector鈥�, add 鈥榦r subsector鈥�.
Standing order 22 (advice on consequentials), replace 鈥榮ector conference鈥� with 鈥榮ector or subsector conference鈥�
Standing orders 43 and 44 (notice of special meeting), in each standing order, replace 鈥榮ector conference鈥� with 鈥榮ector or subsector conference鈥�听听
Standing order 45 (business of
special meetings), at end, replace 鈥楥ongress/sector conference鈥� with 鈥楥ongress,
sector conference or subsector conference.鈥�
Standing order 47 (quorum for CBC meetings), add at end:
In respect of the business of subsector conferences, the HE sectoral sub-group of CBC will meet (irrespective of the subsectors of those members), and the quorum shall be two.
Purpose: this rule
change creates subsectors in HE for pre-92 and post-92 branches, for the
purpose of calling subsector conferences. The conferences would allow
decision-making by the subsectors, equivalent to that of a sector conference,
where a matter affects only the relevant subsector. Established on the same
basis as sector conferences, observers from HE branches not in the subsector
are provided for, and the quorum is based on that used for sector conferences
but proportional to the number of members in the subsector.
24听听听听 Congress standing order 18 听听听听听听听听听 University of Leeds
Two-thirds majority
required
Congress standing order 18 (quorum), delete 鈥�(subject to rounding up to the nearest whole number)鈥�
Add at end:
鈥榚xcept where only a subset of the branches in a sector is eligible to vote on the topic under discussion, in which case the quorum shall be a fraction of 150 members proportionate to membership in that subset. Quora shall be rounded up to the nearest whole number.鈥�
Purpose: To have a
quorum for sector specific conferences on matters relating to a subset of the
sector which is line with the membership of that subset.
CBC advice: If motion 25 is lost, motion 26 falls.
25听听听听 Electronic
voting at Congress, FESC and HESC听听听听听听听听听听听听听听听听听听 Glasgow
Caledonian University
Congress notes that:
1. 听 Counting each card vote takes 5-10 minutes which means approximately an hour of time is lost each day of Congress, FESC and HESC that could be devoted to debate and policy making.
2. 听 Electronic voting reduces opportunities for putting fellow delegates under peer pressure to vote in a certain way, ensuring that the views expressed truly reflect individual views.
3. 听 The technology is available and is widely used including by the TUC, NEU and Unite following accessibility guidelines.
4. 听 Electronic voting is more transparent, and can allow a record of individual votes, if wished.
In the above, best Trade Union practice guidelines for the use of data in line with GDPR should be adopted and incorporated into practice
Congress therefore instructs that electronic voting be introduced at our subsequent Congress, FESC and HESC and thereafter.
26听听听听 Congress
standing order change: 38 and 39 - Voting process听听 Glasgow Caledonian University
Two-thirds majority
required
Standing order 38: after 鈥樷��.hold up their voting cards鈥�, add 鈥榯his will initiate the use of electronic voting, where the facility is available.鈥�
Standing order 39, first sentence: delete 鈥榗ount employing tellers is taken鈥�, replace with 鈥榚lectronic vote鈥�
Purpose: to put electronic voting into the Congress standing orders
order
27听听听听 Video
streaming of Congress, FESC and HESC听听听听听听听听听 Glasgow
Caledonian University
Congress notes that:
1.听听 Only a tiny fraction of our membership is able to attend Congress and sector conferences.
2.听听 It is important that members who cannot attend congress or conference are fully appraised of the discussions and decisions of our policy making forum in Congress, FESC and HESC.
3.听听 The TUC and political parties make their proceedings available in this way
4.听听 Previous congresses have decided to publish a list of delegates attending conference, unless the individual does not wish their details published. Likewise it is a simple matter to allow delegates to opt out of any of their contributions being made public, or their presence at congress/conference being made public.
Congress therefore instructs
the National Executive to investigate and instigate the introduction of secure
streaming of the open sessions of Congress.
28听听听听 Addressing
the underrepresentation of black members at Congress Black members standing committee
Congress notes the underrepresentation of black staff from both the Further and Higher education sectors. Congress also notes the positive work being undertaken to increase engagement and develop black activists and the increase in numbers attending the annual Black Members鈥� Conference.
Congress believes it is vital to ensure participation of black members at all levels of the union and is keen to address the issue in a systematic way.
Congress resolves to:
1. task the NEC with establishing a sub-group to develop proposals for the NEC to agree and return to Congress 2020. The aim of the proposals being to increase the numbers of black members at subsequent national meetings including but not exclusively Congress.
2. allow regions and branches to send black members who are not part of their delegation as observers to Congress 2020 as a means of mentoring future activists.
Section 3: Democratic structures 鈥� other issues
29听听听听 Rule change impact assessments听听听听听听听听听听 University
of Southampton
Congress
resolves that for all proposed rule changes a full impact assessment is
required, with statements as to whether any impacts are considered to be
significant, prior to any ballot being conducted.听
30听听听听 Status of referenda in 51福利听听听听听听听听听听听听 National executive committee
Congress notes that
1. 听the only official 51福利 policy making body is
Congress
2. The Brexit referendum initiated by the
former general secretary which had a high participation, but no official
status.
Congress
believes that the union requires a position on referenda.
Congress instructs the NEC to produce
a report for Congress 2020 including a recommendation on the status of
referenda in 51福利.听 This could include
total exclusion or conditions under which referenda can be held.
31听听听听 Electronic consultation听听听听听听听听听听听听听听听听听听 University of Southampton
As a general principle, Congress instructs
the use of electronic means for national, regional and branch consultation and
voting unless forbidden by law.听
33听听听听 Disclosures of trauma, abuse, and
harassment听听听听听听听听听听听听听听听听听 University of
Leeds
Congress notes:
1.听听 51福利鈥檚 deep commitment to fighting discrimination and oppression
2.听听 51福利鈥檚 commitments to ending all forms of harassment, misconduct and violence in our institutions and 51福利.
Congress recognises that appropriate training is necessary for anyone who may be in receipt of such disclosures.
Congress agrees:
a. it is vital for 51福利 reps and staff to
respond appropriately and sensitively when members disclose traumatic events,
whatever the context of such disclosures.
b. mishandling any disclosure of
violence, harassment, or misconduct is likely to intensify survivors鈥� pain and
trauma.
Congress resolves that:
i.
training
for reps and staff shall be reviewed urgently, and updated to specifically
include input from survivor support organisations.
ii.
all
procedures connected to the rules of this union shall be urgently updated to
reflect the necessity of responding appropriately, ensuring respectful and
professionally-informed support is provided whenever a disclosure of trauma,
abuse, or harassment is made.
34听听听听 National hustings events听听听听听听听听听听听听听听 Open
University
51福利
should hold recorded hustings for the posts of General Secretary (and Deputies)
and the Presidential team in order to increase voter engagement, ensure parity
and meet accessibility obligations.
The
NEC should create a small election group of 5 to oversee the hustings events
and choose chairs.
In
advance of the election several dates should be provided to candidates to find
one that all can attend, if necessary, via remote participation. Expenses
should be paid to candidates including for travel, childcare or other caring
cover.
The
election group should agree a contingency plan for illness or other
non-attendance - for example by allowing a recording of timed answers.
Members
should be made aware of this source of information before the ballot opens.
They should be able to submit questions in advance, anonymously. The event
should be live-streamed and recorded. The recording should be available on the
51福利 website with a transcript.
35听听听 Addition
of 15.9-15.11 to Rule 15 鈥� National hustings event听听听听听 University of Sheffield
Two-thirds majority
required
Add
new rules:
15.9听 Between 7-14 days after a ballot for Officers
of the Union has opened, a national hustings event will be held
to ensure that all members and candidates have access to a fully accessible
hustings event. This event
will be video-recorded and edited before distribution to all members. Reasonable traveling and
subsistence expenses will be made available to candidates, paid from union
funds.
15.9.1听 The location of this event may not occur at
the home branch of any participating candidate, and the location will rotate to
a different region from the previous year, with due consideration to
accessibility depending on candidates鈥� locations.
15.9.2
All members eligible to vote in the relevant election will have the opportunity
to submit questions in advance of this event.
15.10
The date for the event will be chosen in consultation with all candidates, and
will be finalised no later than one month before the beginning of the ballot
period.
15.10.1
If a candidate prefers to attend electronically rather than in person, or to
pre-record a statement and answers to questions, this will be facilitated.
Candidates who are disabled, impaired or have a long term health condition will
be able to make this known and have their adjustment needs accommodated to
avoid any disadvantage by reason of disability.
15.10.2
If a candidate cannot make the session due to illness or emergency, they will
be given an opportunity to record their responses on another date, to be
included in the recording for members.
15.10.3
Candidates may choose not to attend.
15.11
During the relevant ballot period, any other branch organising a hustings event
will provide candidates with 30 days notice, making every effort to make the
event accessible all candidates, including facilitating electronic attendance.
Reasonable traveling and subsistence expenses will be made available to
candidates, paid from branch funds, on the basis that all candidates standing
for a given position are invited to attend.
Two-thirds majority
required
24.4 The meeting shall select from among resolutions it has carried at its current and immediate previous annual meeting two motions for sending to the BDC of the NPC.Purpose: To clarify and improve the process of selection by the annual meeting of two motions for forwarding to the BDC (Biennial Delegate Conference) of the NPC (National Pensioners鈥� Convention).听 This addition to rule will authorise the meeting to consider not only motions carried at its current meeting but also the motions from the previous year鈥檚 annual meeting.听 This rule addition expands the scope of motions for consideration for forwarding.
37听听听听 Rule change: conduct of non-statutory ballots听 听听听听听听 National
executive committee
Two-thirds majority
required
Add new
schedule C to the rules; renumber existing schedule C
SCHEDULE C
Conduct of non-statutory ballots
1 A nominated member of the senior management team
shall be responsible for acting as the scrutineer for each non-statutory ballot
held by the union. The scrutineer will be responsible for supervising the
secure conduct of the non-statutory ballot.
2 Non-statutory ballots include but are not limited
to: indicative ballots for industrial action; ballots on whether to continue,
call off or suspend action; surveys of eligible members agreed by NEC, its
sub-committees or by Congress or a sector conference; and branch member
consultations requested by the branch, endorsed by the relevant regional
official and Head of Further or Higher education as appropriate.
3 The Head of Higher Education, Further Education
or National Head of Regional Organisation, as appropriate, will act as
returning officer for the ballot and will comply with the directions of the
scrutineer.
4 Non-statutory ballots shall be organised
consistent with the principles put forward by the Commission for Effective
Industrial Action (CEIA) as agreed at the 2018 Congress, with particular reference
to the following:
路 Local or national officers responsible for calling a non-statutory ballot should ensure that the campaign is 鈥渃haracterised by long term planning, union wide consultation to establish issues that are important to members, a prioritisation of resources and a gradual mobilisation running up to ballot鈥� (Recommendation 5)
路 The relevant authoring Committee 鈥渕ust always make clear voting recommendations when calling a ballot to authorise or cease a dispute.鈥� (Recommendation 8)
路 When a consultative ballot is conducted it must be used as a campaigning tool which carries the relevant officers/committee's recommendations as opposed to a passive surveying of members' views. (Recommendation 11)
路 Acceptance of an offer and thereby the ending of a dispute should ordinarily require a vote of all relevant members (Recommendation 15).
5 In order to ensure consistency and adherence to
the CEIA principles set out in this code, all non-statutory ballots should be
undertaken at 51福利 Head Office except where capacity issues require the ballot
to be undertaken elsewhere.听 The
independent scrutineer most recently appointed by the NEC for the purpose of
statutory NEC elections should be used where capacity issues mean the union鈥檚
ballot team cannot undertake a ballot.
6 Non-statutory ballots will normally be conducted
using a secure on-line voting system. Before the ballot begins, the returning
officer will satisfy themselves that the relevant system is secure.听 Security considerations include but are not
limited to the confidentiality of whether any particular member has voted, how
any member has voted, and the ability to ensure that duplicate votes cannot be
cast.
7 Ballot material should be at one remove from the
voting screen upon which the member makes their choice.
8 The scrutineer will make special arrangements to
enable voting by any member unable to vote online.
9 The membership data used for the purposes of the
ballot will be the relevant members as recorded on the union鈥檚 central
membership database.
10 Non-statutory ballots shall normally remain open
for no fewer than 10 days. This may be varied in exceptional circumstances, as
determined by the relevant committee.
11 The counting of a non-statutory ballot shall not
be started until the ballot has formally closed.
12 The scrutineer will provide to the returning
officer, as appropriate, a report of the ballot which sets out the total
eligible members balloted, the numbers voting for each option, the number of
abstentions, the total turnout as measured by total voters divided by total
constituency, and any significant issues relating to the security or integrity
of the ballot which have arisen.
13 In the event of any doubt or difficulty, the
returning officer will seek the advice of the scrutineer.
14 A copy of the scrutineer鈥檚 report of any
non-statutory ballot will be provided to any member on written request to the
General Secretary.
Purpose: To put into rule the key principles that will be followed in respect of conduct of non-statutory ballots.
38听听听听 Change to 51福利 Regional Committee Model
Standing Orders (rule 30.1)听听听听听听听听听 Yorkshire
and Humberside regional committee
Two-thirds majority
required
Standing Order 6:听 delete the final sentence:
鈥業n both cases, officers of the Committee shall not be included for the purpose of counting the quorum鈥�.
Purpose: To bring the Regional Committee Model Standing Orders in line
with standing orders/rules of all other 51福利, trade union and democratic bodies.
The amended quorum will be defined as 鈥�attendance by members from
five different institutions. For meetings of the region鈥檚 sector committees,
the quorum shall be attendance by members from three different institutions.鈥�
Appendix:
Motions not ordered onto the agenda
Motion not approved in
accordance with Congress standing orders:
A听听听听听听 Elected dispute committees听听听听听听听听听听 Goldsmiths
University of London
Congress notes:
1.听听 the need for greater grassroots involvement in decision making in the planning, execution and resolution of disputes involving multiple institutions,
2.听听 the final report of the DC calls for the establishment of a Disputes Committee for the duration of a national and multi-institution dispute, to ensure a branch-led democratic control
Congress resolves:
a. to support Recommendation 13 of the final report of the DC proposing a rule change so that multi-institution disputes will be run by an elected Disputes Committee,
b. the disputes committee will be made up of one elected delegate from each participating branch
c. decision-making on cross-branch matters (e.g. pausing for talks; ending action; recommendations) belongs to these committees and will be binding on the NEC and the GS.