Democracy commission report and rule changes

UCU Congress 2019: Monday 27 May 2019, 13:00-14:45

Motions have been allocated to a section of the NEC's report to Congress (UCU957). Paragraph headings refer to paragraphs within this report. CBC has added some new paragraph headings to facilitate the ordering of motions.

Section 5: Interim report of the democracy commission and rule changes (section 5 of the NEC's report to Congress)

To be taken in private session


76 - Interim report of the democracy commission
77 - Branch delegates
78 - Restoring the democratic mandate of UCU Congress
79 - Congress standing order change: 38 - and 39: voting process
80 - Rule change (democracy commission recommendation 2)
81 - Election of deputy general secretary
82 - Rule change (democracy commission recommendation 6)
83 - Rule change: inclusion of migration status in rule 2.5
84 - Rule change: inclusion of migrant representatives in the equality structures
85 - Rule change: inclusion of migrant representatives in NEC
86 - Addition of 15.9-15.11 - to rule 15
87 - Rule change motion re subsector conferences
88 - Rule change: rule 16 - national congress and sector conferences
89 - Rule change: congress membership
90 - Rule change: rule 24 - national meetings of retired members
91 - Rule change: conduct of non-statutory ballots
92 - Change to UCU regional committee model standing orders (rule 30.1)
93 - Amend congress standing order 18
94 - Congress standing order change: speaking times at congress
95 - Rule change: 'new-delegate friendly' order of business for congress


Section 5: Interim report of the democracy commission, and rule changes


Note: rule changes have been ordered in two parts: the first part sets out all rule changes which relate to topics referred to in the report of the democracy commission; the second part sets out all other rule changes.

76  Interim report of the democracy commission - National executive committee

Congress adopts the interim report of the democracy commission as set out in UCU/934, including recommendations other than rule changes (rule changes to be voted on separately).

CARRIED

Rule changes which relate to topics in the interim report of the democracy commission


Democracy commission report, paragraph 4.9 - composition of Congress


77  Branch delegates - University College London

In Rule 17.2, remove 'up to a maximum of six members' where it appears with respect to congress and sector conference entitlements.

CARRIED

78  Restoring the democratic mandate of UCU Congress - University of Southampton

Rule 16.11, between 'general meetings in' and '20 branches/local associations', add 'at least'. After '20 branch/local associations, add ', whose total delegate entitlement would be sufficient to render the meeting quorate,'.

Rule 17.1 (composition of Congress), after '...members elected from sector committees in', delete 'English regions'. After '...branches with fewer than', delete '100', replace with '250'.

Rule 17.2 (Congress delegate entitlement), first sentence, after '...shall be one for every', delete '400 members (or part thereof)', replace with 'full 250 members'.

After '...in accordance with Rule 17.1', delete 'up to a maximum of six members'.

End of rule 17.2, After 'The number of members from branches/local associations/central groups for meetings of', delete '...sector conferences shall be one for every 400 members (or part thereof) up to a maximum of six members from, as appropriate, each institution/central group', replace with 'the appropriate sector conference shall be the same as for congress'.

Rule 17.2.1 (regional and devolved nation committee delegates) start of first sentence, after 'Sector committees in', delete 'English regions'. Second sentence, delete 'geographical area', replace with 'nation'.

17.4 (regional and devolved nation committee observers) start of first sentence, delete 'each of the English regions'.

Rule 30.2 (rights and responsibilities of regional committees), delete i and ii:

  1. to submit motions and amendments to annual congress and sector conferences, in line with rules 16.7.5 and 16.7.3
  2. to elect delegates to annual congress and sector conferences, in line with Rule 17.2.1

LOST


Democracy commission report, paragraph 4.10 (electronic voting and other recording of meetings)


79  Congress standing order change: 38 and 39: voting process - South west regional committee

Standing order 38: after '...hold up their voting cards', add 'this will initiate the use of electronic voting, where the facility is available.'

Standing order 39, first sentence: delete 'count employing tellers is taken', replace with 'electronic voting is employed'.

End of second sentence: delete 'count', replace with 'electronic vote'.

REMITTED

Purpose: to allow, under Congress standing orders, electronic voting to be used, when available, in the event that a count is required (card votes being used when no count is required).


Democracy commission report, paragraph 4.11.4 (delegation of general secretary powers)


80  Rule change (democracy commission recommendation 2) - National executive committee, University College London

Congress approves recommendation 2 of the democracy commission's interim report, 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:

28.2.1 Those which relate to negotiations or representation of the Union shall be delegated to the President and President Elect.

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.

REMITTED

Purpose: 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.


Democracy commission report, paragraph 5.6.4 (deputy general secretaries)


81  Election of deputy general secretary - Yorkshire and Humberside retired members

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 'ii General Secretary'

iii. Deputy General Secretary

and renumber accordingly

Rule 28.2 (delegation of duties by the general secretary), end of sentence, delete 'as the General Secretary shall determine' andn and replace with 'in consultation with the Deputy General Secretary'.

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 'Employees other than the General Secretary', add 'and Deputy General Secretary'

Schedule B

Add in procedures, as determined by NEC, for election of Deputy General Secretary.

REMITTED

Purpose: to establish an elected post of Deputy General Secretary. The rule change to come into effect at the next time an election occurs for the General Secretary. Nothing in this rule change has any implications for employment status of any other members of UCU staff.


Democracy commission report, paragraph 6.5.1 (dispute committees)


82  Rule change (democracy commission recommendation 6) - National executive committee, University College London

Congress approves recommendation 6 of the democracy commission's interim report, rule change: dispute committees.

Insert new rule 35:

35.1 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.

35.2 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.


Democracy commission report, paragraph 7.5.1 (Gaps in representation)


83  Rule change: inclusion of migration status in rule 2.5 - University of East Anglia

Aims and objects, rule 2.5, 'to oppose actively all forms of harassment, prejudice...' - after 'disability, age,' add 'migration status'.

Purpose: to add migration status to the list of characteristics against which UCU will actively oppose harassment, prejudice and unfair discrimination.

CARRIED

84  Rule change: inclusion of migrant representatives in the equality structures - University of Leeds

Rule 23.1 (equality standing committees), first sentence, delete 'four', replace with 'five'. After 'iv. Women Members' Standing Committee (WMC);', add new point v. '.v. Migrant Members' Standing Committee (MMC)'.

Rule 23.2 (annual equality conferences), first sentence, delete 'four', replace with 'five'.

CARRIED

Purpose: To allow the recognition of UCU's migrant members as an equality group with a standing committee and an annual conference established on the same basis as UCU's other equality groups.

85  Rule change: inclusion of migrant representatives in NEC - University of Leeds

Add new rule 18.11.4:

18.11.4 There will be two National Executive Committee seats for representatives of migrant members, at least one of whom shall be a non-EU migrant member. Candidates for election to these seats must state they are a migrant member and can remain on committee for three years after receiving ILR.

Renumber existing rule 18.11.4 and subsequent rules, and any subsequent references to these rules, as necessary.

Rule 19.6 (Scheduling of biennial elections) First sentence, change '18.11.3' to '18.11.4'. After 'representatives of LGTBQ+ members', delete 'and', replace with comma; after 'representatives of black members', add 'and two representatives of migrant members'.

Rule 19.7, delete '18.11.3', replace with '18.11.4'.

Rule 20.5 (counting order for NEC elections): after "ix. Representatives of black members;" add "x. Representatives of migrant members;" re-number existing points x-xiii as xi-xiv.

CARRIED AS AMENDED

Purpose: To allow the recognition of UCU's migrant members (which will include refugees and asylum seekers) through two NEC seats for migrant members. These will be listed as equality seats, for which all members may vote, scheduled in the same years as elections for equality seats other than women, and placed in the counting order for NEC elections at the end of the equality seats (and before casually employed, land based and prison seats).

85A.1  National executive committee

End of proposed new rule 18.11.4, delete 'and can remain on the committee for three years after receiving ILR'.

CARRIED

Substantive motion

Add new rule 18.11.4:

18.11.4 There will be two National Executive Committee seats for representatives of migrant members, at least one of whom shall be a non-EU migrant member. Candidates for election to these seats must state they are a migrant member.

Renumber existing rule 18.11.4 and subsequent rules, and any subsequent references to these rules, as necessary.

Rule 19.6 (Scheduling of biennial elections) First sentence, change '18.11.3' to '18.11.4'. After 'representatives of LGTBQ+ members', delete 'and', replace with comma; after 'representatives of black members', add 'and two representatives of migrant members'.

Rule 19.7, delete '18.11.3', replace with '18.11.4'.

Rule 20.5 (counting order for NEC elections): after "ix. Representatives of black members;" add "x. Representatives of migrant members;" re-number existing points x-xiii as xi-xiv.


Democracy commission report, paragraph 7.5.2 (National recorded hustings)


86  Addition of 15.9-15.11 to Rule 15 - University of Sheffield

Add new rules:

15.9 Between 7-14 days after a ballot for Officers of the Union has opened, a national hustings event will be held. This event will be video-recorded and made available to all members. Reasonable traveling and subsistence expenses will be made available to candidates, paid from union funds.

15.9.1 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' 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.

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.

REMITTED

86A.1  University of Liverpool

15.11 Change 30 days to 'sufficient notice'

86A.2  University of Sheffield

In 15.9, add "to ensure that all members and candidates have access to a fully accessible hustings event." following "will be held," delete 'made available' and replace with 'edited before distribution'In 15.10.1, add '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.'


Other rule changes


87  Rule change motion re subsector conferences - National executive committee

Rule 12.6.2 (rights and responsibilities of branches), point ii, replace 'Sector Conferences' with 'Sector and Subsector Conferences and observers to the appropriate Subsector Conference'

Rule 12.7 (determination of sectors by Congress) Add after first sentence:

In addition, it will determine the Subsectors of Pre92 and Post92 Higher Education solely for the purposes of Subsector Conference organisation.

Rule 16.3 (annual report to Congress), second sentence, after '... motions passed by any' special replace 'Sector Conferences' with 'Sector and Subsector Conferences'.

Rule 16.7.2 (bodies able to submit Congress and sector conference motions), first sentence, replace 'Sector Conferences' with 'Sector or Subsector Conferences'. After '... and Higher Education Committees for the appropriate', replace 'Sector Conference' with 'Sector and Subsector Conferences'. End of second sentence, replace 'Sector Conference' with 'Sector or Subsector Conference'.

Rule 16.7.4 (submission of motions and amendments by equality standing committees), replace 'Sector Conference' with 'Sector and Subsector Conference'

Rule 16.10 (Congress business committee), replace 'Sector Conferences' with 'Sector and Subsector Conferences'.

Rule 16.11 (calling special conferences):

First clause, after 'National Congress', delete 'or', replace with comma; after 'Sector Conferences', add 'or subsector conferences'.

After '...by the National Executive Committee or in the case of the Sector', add 'or Subsector'.

After 'or for Sector Conferences, in the sector', add 'or for Subsector Conferences of a requisition from quorate meetings in 15 branches/Local Associations from separate institutions in the Subsector'

At end of first sentence, after '...not less than one tenth of the members of the Union', add ',Sector or Subsector as appropriate'.

Rule 17.2 (entitlement to delegates), final sentence, replace 'Sector Conferences' with 'Sector or Subsector Conferences'. Add at end:

The number of observers from Pre92 branches/local associations for Post92 Subsector Conferences or Post92 branches/local associations for Pre92 Subsector Conferences shall be 1.

Rule 17.3 (composition of sector conferences), second sentence, replace 'Sector Conferences' with 'Sector and Subsector Conferences'; after '...who are in that Sector', add 'or Subsector respectively'.

Amendments to Congress standing orders:

Standing order 3.1 (submission of motions), final sentence, replace 'Sector conferences' with 'Sector or sub-sector conferences'.

Standing order 3.2 (submission of motions), first sentence, replace 'Sector conference' with 'Sector or sub-sector conference'.

Standing order 17 (chairing), in both instances, replace 'Sector Conference' with 'Sector or Subsector Conference'.

Standing order 18 (quorum), replace 'Sector Conference' with 'Sector and Subsector Conferences'. After '...proportionate to the membership of each sector', add 'or subsector'.

Standing order 22 (advice on consequentials), replace 'sector conference' with 'sector or subsector conference'

Standing orders 43 and 44 (notices of special meeting), in each standing order, replace 'sector conference' with 'sector or subsector conference'

REMITTED

Purpose: mechanism for reducing the likelihood that (Special) Sector Conferences involving mainly Pre or Post92 members will be inquorate by creating Subsectors and a proportional quorum, while allowing those from the other HE subsector to attend as observers and motions to be proposed to cover the impact of Pre92 issues on Post92 or Post92 issues on Pre92.

88  Rule change: Rule 16 national congress and sector conferences - Yorkshire and Humberside retired members

In 16.7.1 after 'specialist committees set up under Rule 25' insert comma and add:'Annual meeting of retired members'

Add point 16.7.6 'The annual meeting of retired members shall be entitled to submit two of the motions carried at its annual meeting to UCU annual Congress'.

REMITTED

Purpose: To give the annual meeting of retired members the right to send two motions directly to annual Congress. 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.

89  Rule change: congress membership - National executive committee

Rule 17.1, first clause, after '... National Executive Committee', add ', two members of each standing committee set up under rule 23.1 (one from each sector)'

REMITTED

Purpose: to give each equality standing committee the ability to send two voting delegates to Congress (currently each committee sends two observers).

90  Rule change: Rule 24 national meetings of retired members - Yorkshire and Humberside retired members

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.

REMITTED

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' Convention). 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's annual meeting. This rule addition expands the scope of motions for consideration for forwarding.

91  Rule change: conduct of non-statutory ballots - National executive committee

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:
  • Local or national officers responsible for calling a non-statutory ballot should ensure that the campaign is 'characterised 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' (Recommendation 5)
  • The relevant authoring committee 'must always make clear voting recommendations when calling a ballot to authorise or cease a dispute.' (Recommendation 8)
  • 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)
  • Acceptance of an offer and thereby the ending of a dispute should ordinarily require a vote of all relevant members (Recommendation 15).
  1. In order to ensure consistency and adherence to the CEIA principles set out in this code, all non-statutory ballots should be undertaken at UCU head office except where capacity issues require the ballot to be undertaken elsewhere. 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's ballot team cannot undertake a ballot.
  2. 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. 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.
  3. Ballot material should be at one remove from the voting screen upon which the member makes their choice.
  4. The scrutineer will make special arrangements to enable voting by any member unable to vote online.
  5. The membership data used for the purposes of the ballot will be the relevant members as recorded on the union's central membership database.
  6. 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.
  7. The counting of a non-statutory ballot shall not be started until the ballot has formally closed.
  8. 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.
  9. In the event of any doubt or difficulty, the returning officer will seek the advice of the scrutineer.
  10. A copy of the scrutineer's report of any non-statutory ballot will be provided to any member on written request to the general secretary.

REMITTED

Purpose: To put into rule the key principles that will be followed in respect of conduct of non-statutory ballots.

92  Change to UCU regional committee model standing orders (rule 30.1) - Yorkshire and Humberside regional committee

Standing Order 6: delete the final sentence:

'In both cases, officers of the Committee shall not be included for the purpose of counting the quorum'.

REMITTED

Purpose: To bring the regional committee model standing orders in line with standing orders/rules of all other UCU, trade union and democratic bodies.

93  Amend congress standing order 18 - University of Leeds

Congress standing order 18 (quorum), delete "(subject to rounding up to the nearest whole number)"

Add at end:

'except 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.'

REMITTED

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.

94  Congress standing order change: speaking times at congress - South west regional committee

Standing Order 19: replace 'five minutes' with 'four minutes' and 'three minutes' with 'two minutes'

REMITTED

Purpose: to reduce the speaking times in the Congress standing orders for movers of motions (and sections of the NEC's report to Congress) from five minutes to four minutes, and for all other speakers from three minutes to two minutes.

95  Rule change: 'new-delegate friendly' order of business for congress - South west regional committee

Standing Order 65: in section C, move points 2, 3, and 4 to follow point 5, and renumber accordingly.

REMITTED

Purpose: to move other topics ahead of the financial business in the order of private sessions of Congress.

Last updated: 27 May 2019