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Rule changes

10:45, Friday 29 May 2009

To be taken in private session.

Reference documents:


48  Rule 2.9: Correction - National Executive Committee

Rule 2.9, after 'which in the opinion of the National Executive', add 'Committee or Congress'

Purpose: to correct phrasing to make consistent with 2.8 and the first part of 2.9.

CARRIED

49  Legal assistance - rule 4.5 - National Executive Committee

Rule 4.5, Delete first sentence. Replace with: 'Members qualifying for membership under rule 3.1 and paying the relevant subscription (if any is due) under rule 7 to the University and College Union, shall be eligible to request legal advice and assistance in accordance with the Legal Advice and Assistance Scheme.'

Purpose: to simplify the references to subscription payments and honorary or other types of membership in rule 4.5, allowing the details to be covered in the Legal Advice and Assistance Scheme regulations approved by the NEC. The regulations define the scope of the scheme as matters arising out of or in connection with members' employment or trade union duties or activities or as determined by the NEC.

CARRIED

50  Rule change - Anti-Casualisation Committee

Add new rule 12.5.1

12.5.1 The national executive committee may establish a branch/local association at its own volition or in response to a written request to the General Secretary by not less than 20 members working through an agency contract. Members in such a branch may designate the agency workers branch as their designated branch or may choose a branch of one of the institutions in which they work as their designated branch.

CARRIED

51  Rule change - Anti-Casualisation Committee

Add new rule 12.2.1

12.2.1 Members belonging to an agency workers branch set up under rule 12.5.1 may belong to and attend meetings of more than one branch/local association and vote on matters concerned with their employment but shall be entitled to stand for office and vote in national elections only in their designated branch/local association/central group.

CARRIED

52  Rule Change- 12.5 - Branch/local association rules - South East Regional Committee

In Rule 12.5 at the end add: 'Such Rules shall include a section on Facilities time for Officers of the Branch/Local Association as well as other Officers of UCU (including Regional and National Officers) who may from time to time be elected'.

Purpose: to ensure that all lay officers have adequate facilities time to carry out their functions.

LOST

53  Rule 17.1 - West Midlands Regional Committee

Delete 'or in the case of institutions/central groups/regional retired members' branches with fewer than 100 members, by aggregation of members in institutions/central groups/regional retired members` branches'

Rule 17.2

Delete 'or in an aggregation of members in institutions/central groups/regional retired members` branches in accordance with rule 17.1'.

Purpose: To allow for a far greater democratic representation of members to Congress and other national gatherings.

LOST

54  Rule Change - 17.1 - Congress Membership Aggregation - South East Regional Committee

In Rule 17.1, line 3 delete '100', insert '75'.

Purpose: to prevent small specialist branches/local associations from being disenfranchised.

LOST

55  Rule change - Academic-Related Staff Committee

Add 'and 2 members of each of the specialist committees set up under rule 24' after 'members of the national executive committee' in rule 17.1 so that it reads:

17.1 National Congress shall consist of the members of the national executive committee and 2 members of each of the specialist committees set up under rule 24 together with members elected from sector committees in English regions, Scotland, Wales and Northern Ireland, institutions and central groups and regional retired members' branches, or in the case of institutions/central groups/regional retired members' branches with fewer than 100 members, by aggregations of members in institutions/central groups/regional retired members' branches, as specified by Congress Standing Orders. For the purpose of this Rule, the membership census date shall be 1 December in the year before the Congress.

CARRIED

56  Rule changes (18.9) - West Midlands Regional Committee

Rule 18.9, insert new 18.9.3:

Where vacancies and/or casual vacancies result in there being no geographically-elected member of the national executive committee for a particular Sector within a particular geographical constituency, the national executive committee shall invite the regional committee(s) within the relevant geographical constituency to send an observer with speaking rights from the relevant sector to any meetings of a national sector committee.

Purpose: To ensure that any regional committee is democratically represented on the national sector committee when there is no geographically elected member from that region.

CARRIED

57  NEC election rules and UCU Wales - National Executive Committee

Rule 19.4, delete 'Wales'.

Insert new rule 19.5: 'The regionally-elected seats for Wales will be elected in accordance with Rule 34.3.'

Insert new rule 18.7.1.1: 'One of the regionally-elected NEC members for Wales whose term starts at the end of the annual meeting of National Congress in 2010 will, if so required by the rules of UCU Wales, serve a one-year term. This rule 18.7.1.1 will be deleted following the close of Congress 2010.'

Insert new 18.9.2.1: 'Regionally-elected NEC members for Wales, whose terms of office start at the end of the annual meeting of National Congress in 2010 only, will, if so required by the rules of UCU Wales, be elected by and from all members whose institutions are based in Wales. This rule 18.9.2.1 will be deleted following the close of Congress 2010.'

Purpose: to allow UCU Wales to establish the election of a Vice President and President of UCU Wales who will be the regionally-elected NEC members for Wales (After 2010, one NEC member for Wales would be elected each year, as Vice President of UCU Wales, progressing to President of UCU Wales in the second year of that term, alternating between election from the FE and HE sectors.)

CARRIED

58  Rule 19.5: consequential amendment - National Executive Committee

Rule 19.5: delete 'one representative' (of disabled members), replace with 'two representatives'. Delete 'one representative' (of lesbian, gay bisexual and transgender representatives), replace with 'two representatives'.

Purpose: to update this rule following last year's changes to NEC election rules.

CARRIED

59  Operation of Trustees - National Executive Committee

Rule 25.3, beginning of sentence, delete 'four', replace with 'five'

Purpose: to increase the number of Trustees from four to five.

After rule 25.4, add:

25.4.1 In this Rule 'meeting' means any occasion during which the Trustees simultaneously participate in order to exercise their duties, powers and authorities, whether the Trustees are physically present together, participating in a video or telephone call or otherwise. Reference to a person being present or attending a meeting is construed accordingly.

25.4.2 The Trustees' duties, powers and authorities are exercisable at meetings to be held as often as may be appropriate. Alternatively, decisions may be reached by circular resolution (which may consist of more than one document) signed by all of the Trustees without the need for a meeting.

25.4.3 At their first meeting after Congress the Trustees shall elect a Chair of Trustees who will hold the position of Chair for one year. In the event that the Trustees are unable to elect a Chair the President will decide who will be the Chair.

25.4.4 A meeting of the Trustees must be called if requested by the Chair or by any other two of the Trustees.

25.4.5 Any of the duties, powers and authorities given to or vested in the Trustees (whether in these Rules or by Statute) may at any time be exercised by a majority of the Trustees. All acts and proceedings of the majority of the Trustees shall, in such circumstances, be as valid and effectual as if all the Trustees had concurred.

25.4.6 Any Trustee who dissents from any decision of the majority shall nevertheless concur in executing or signing any documents or doing any act necessary for giving effect to any such decision by the majority of the Trustees without being responsible for loss or for any breach of duty towards any beneficiary.

25.4.7 Any Trustee who, by reasons of illness, infirmity or temporary absence abroad, may be unable, or unable without substantial inconvenience, to participate in a meeting of the Trustees may, in order to facilitate business, by power of attorney or otherwise in writing appoint another Trustee as his/her proxy to participate and vote on his/her behalf and to use his or her name for execution or signature of documents.

25.4.8 Any consent, authority or decision of the Trustees may be evidenced in writing, signed by the Chair of the Trustees for the time being or by any two of the Trustees.

25.4.9 Each Trustee for whom it is reasonably practicable must be given notice of any meeting when a decision will be taken no later than 7 working days before that meeting. The requirement to give this notice does not apply if:

  1. A meeting is necessary as a matter of urgency to make a decision or
  2. All the Trustees have agreed (at a meeting or by circular resolution in accordance with the sub-rule above) that notice is not required to hold the meeting in question or
  3. All the Trustees attend the meeting in question and agree at that meeting that notice is not required to hold the meeting.

Any notice must state the date, time and place of the meeting and must be sent to each Trustee's last known address.

25.4.10 The Trustees must keep records of their meetings in writing and those records must include the following information:

  1. The date, time and place of meeting.
  2. The names of the Trustees invited to the meeting.
  3. The names of the Trustees who attended the meeting and those who did not attend.
  4. The names of any professional advisors or other attendees of the meeting.
  5. Any decisions made at the meeting.
  6. Details of any decisions made by the Trustees since the last meeting.

Purpose: to increase the number of trustees from four to five and clarify the ways in which the Trustees may make decisions.

CARRIED

60  Fighting Fund - National Executive Committee

Add new rule 30.5:

There shall be a permanent fighting fund established into which shall be paid at least 1% of each subscription received in each year from members together with monies paid by voluntary donation to the union to finance any strike, lock-out or any other industrial dispute. This fund shall not be used for any other purpose except by i) decision of National Congress; or ii) an affirmative vote of two-thirds of the members of the national executive committee. The national executive committee will determine the process by which payments from this fund are made to members, and will report each year to Congress on expenditure from the fund.

Purpose: to make the fighting fund (which already exists) a requirement under the union's rules.

CARRIED

Congress Standing Orders

61  Rule Change - Anti-Casualisation Committee

In paragraph 36 of the Congress Standing Orders insert: 'members of committees listed in rules 16.6.4 attending under arrangements agreed by the NEC' after 'Trustees' such that the paragraph reads:

36. Only members of a Conference, members of Congress Business Committee, Trustees, members of committees listed in rules 16.6.4 attending under arrangements agreed by the NEC and Union employees may be admitted to a Private Session.

CARRIED

62  Congress standing order 43: call for special congress/conference - National Executive Committee

Congress Standing Order 43, second sentence, delete 'in the form of', replace with 'which may include'

Purpose: to remove the implication that only the motions issued in the calling notice of a special meeting of Congress or Sector Conference can be transacted at the meeting, noting that standing order 44 goes on to say that such a notice must include a timetable for submitting motions and amendments. The amendment deliberately does not prevent motions being included in the call, however.

CARRIED

63  Congress standing order 47 - aggregation - National Executive Committee

Delete Congress Standing Order 47

(Standing order 47: 'The Congress Business Committee shall make arrangements to revise the pattern of aggregation of branch/local associations between Congresses, in consultation with branches/local associations.')

Purpose: This removes responsibility for changes in the aggregation of branches from CBC, which CBC does not feel it can meaningfully undertake. The NEC's recruitment, organising and campaigning committee has currently agreed to take oversight of this as necessary.

CARRIED

64  National Executive Committee

Standing order 48: CBC sectoral quorum

5.1.2 Congress Standing Order 48, add at end 'For a meeting of a sectoral sub-group of CBC, in respect of annual or special sector conference meetings, the quorum shall be two.

Purpose: To specify a quorum for sectoral meetings of CBC. (There is currently no quorum given.)

CARRIED

Last updated: 29 October 2019