Rule changes

Reference: UCU rules 2009-10 [1mb]

To be taken in private session

40 Rule change: honorary membership - National executive committee

Rule 3.1.3, delete second and third sentences ('Honorary membership may be conferred...' to end of paragraph). First sentence, after 'Persons elected to honorary membership', insert 'prior to 1 June 2010'.

Insert new rule 3.5:

'3.5 Members' distinguished service to the union may recognised by awards made in accordance with procedures agreed by the NEC.'

Purpose: to change the recognition of members' service from honorary membership to a scheme for the recognition of distinguished service for UCU members.

CARRIED

41 Rule changes - Yorkshire and Humberside regional committee, Manchester Metropolitan University

Rule 4 Rights of members

Rewrite Rule 4.1 as follows: (new words in italics)

Members shall be entitled to attend and vote at meetings of their designated branch/local association or central group and stand for election to any office in the Union, except in the case of NEC and National Negotiator positions, where the candidate at the time of submission of nomination must be in current employment in post-school education, and vote in any election of the national executive committee as specified in the rules.

Rule 15 Officers of the Union

Add rule 15.8:

Candidates for Officers of the Union must at the time of submission of nomination be in current employment in post-school education.

Rule 18 national executive committee

Add new rule 18.7.4 and renumber accordingly:

Candidates for the national executive committee must at the time of submission of nomination be in current employment in post-school education.

Purpose: To require candidates at the time of standing for election to the NEC or as National Negotiator to be currently in employment in post-school education.

CARRIED AS AMENDED

41A.1 - National executive committee

Delete 'current employment in post-school education' throughout; replace with 'qualifying employment under rule 3.1.1'.

Schedule A, paragraph 4, insert new sub-paragraph d (and re-number accordingly): 'd. A statement confirming that, at the time of nomination, the candidate is in qualifying employment under rule 3.1.1'.

Schedule A, paragraph 5, insert new sub-paragraph d (and re-number accordingly): 'd. For officer nominations, a statement confirming that, at the time of nomination, the candidate is in qualifying employment under rule 3.1.1'.

CARRIED

41A.2 - National executive committee

After each occurrence of 'employment in post-school education' (or if amended, after each occurrence of 'qualifying employment under rule 3.1.1'), add 'or have been in qualifying employment within the preceding 12 months'.

CARRIED

41A.3 - Open University

After the new (italic) words in Rule 4.1 add "or have been in employment in post-school education during the preceding 24 months"

Add at the end of the new rules 15.8 and 18.7.4 "or have been in employment in post-school education during the preceding 24 months"

FELL AS A RESULT OF 41A.2 CARRIED

41A.4 - Open University

Add at the end of rule 4.1 "In this context employment shall be understood to mean working in post-school education rather than holding a contract that gives employee status"

CARRIED

Substantive motion

Rule 4 Rights of members

Rewrite Rule 4.1 as follows: (new words in italics)

Members shall be entitled to attend and vote at meetings of their designated branch/local association or central group and stand for election to any office in the Union, except in the case of NEC and National Negotiator positions, where the candidate at the time of submission of nomination must be in qualifying employment under rule 3.1.1 or have been in qualifying employment within the preceding 12 months, and vote in any election of the national executive committee as specified in the rules.In this context employment shall be understood to mean working in post-school education rather than holding a contract that gives employee status.

Rule 15 Officers of the Union

Add rule 15.8:

Candidates for Officers of the Union must at the time of submission of nomination be in qualifying employment under rule 3.1.1 or have been in qualifying employment within the preceding 12 months.

Rule 18 national executive committee

Add new rule 18.7.4 and renumber accordingly:

Candidates for the national executive committee must at the time of submission of nomination be in qualifying employment under rule 3.1.1 or have been in qualifying employment within the preceding 12 months.

Schedule A, paragraph 4, insert new sub-paragraph d (and re-number accordingly): 'd. A statement confirming that, at the time of nomination, the candidate is in qualifying employment under rule 3.1.1'.

Schedule A, paragraph 5, insert new sub-paragraph d (and re-number accordingly): 'd. For officer nominations, a statement confirming that, at the time of nomination, the candidate is in qualifying employment under rule 3.1.1'.

CBC advice, motion 42 and amendment 42A.1 (below): that motion 42 would need to be passed as amended by 42A.1 in order to ensure that the rule change is effective and in order.

42 Rule change - Congress membership - South East regional committee

Rule 17.2 - in line 3 delete 'and Sector Conferences' and add a sentence at the end of 17.2 - 'The number of members from Branches/Local Associations/central groups for meetings of 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.'

Rule 17.3 - in line 4 insert after 'Sector' - 'including members elected by Branches/Local Associations/central groups with fewer than 100 members'

Purpose - to allow representation at Sector Conferences from all Branches/Local Associations/central groups irrespective of the number of members. This does not alter the ratio of FE to HE at Congress itself and will increase participation. The motion can be taken as two separate motions or as a package.

CARRIED AS AMENDED

42A.1 South East regional committee

In second paragraph delete 'including' and replace with 'and' and add at the end after 'members': 'in accordance with 17.2'.

Purpose: to clarify in line with the original intention

CARRIED

Substantive motion

Rule 17.2 - in line 3 delete 'and Sector Conferences' and add a sentence at the end of 17.2 - 'The number of members from Branches/Local Associations/central groups for meetings of 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.'

Rule 17.3 - in line 4 insert after 'Sector' - 'and members elected by Branches/Local Associations/central groups with fewer than 100 members in accordance with 17.2'

43 Rule change - Election of the national executive committee - North West regional committee

Delete rule 18.7.3

[18.7.3 No-one who, on taking office, would have completed six or more continuous years' service as an ordinary member of the national executive committee is eligible to serve again as an ordinary member except after an interval of one year or more.]

Purpose: Recognition of the importance of having NEC members with the depth of experience and knowledge of the running of the Union at all levels, including that of the NEC itself; this to ensure that we remain a lay member led union.

LOST

44 Change to national rules on representation of casually employed staff -Open University

Delete 18.8.2.iv and 18.8.6.iv

Delete last sentence of 18.8.4

Re-number 18.12 as 18.13, 18.12.1 as 18.13.1 and 18.12.2 as 18.13.2

In the re-numbered 18.13.2 add "or 18.12.1" after "or 18.8.6".

After 18.11.6 add "18.12 Seats for casually employed members"

Add a new 18.12.1 stating:

"There will be two national executive committee seats for representatives of casually employed members, one from FE and one from HE. To be eligible for election to one of these seats a member must be employed (or if unemployed most recently employed) on terms and conditions (written or unwritten) which give significantly less security of employment and/or income than would normally be expected from a permanent full-time or pro-rata contract. Amongst others, those eligible will include members on fixed term contracts, on zero hours contracts, or contracts where there is a significant variability of hours, hourly paid members, and members employed through agencies. Candidates for election to these seats must state that they are casually employed in their main contract of employment, or if unemployed, in their most recent contract of employment. All members are entitled to vote in elections for these seats."

Re-number 19.8 as 19.9 and add a new 19.8 stating:-

"Biennial elections will be held for those seats described in Rule 18.12.1 in those years when elections are not held for those seats described in Rules 18.11.1 to 18.11.3"

In 20.5 add "xi. Representatives of casually employed members" after "x. Representatives of women members for HE and FE sectors"

Purpose: to bring the range of members eligible for the corresponding NEC places into line with the Anti-Casualisation Committee, and to change the NEC places for casually employed staff from the current quota of one each for FE and HE amongst the nationally elected NEC places, to elected seats for casually employed members, one each for FE and HE.

REMITTED

45 Rule change - London Metropolitan University (City Branch)

Rule 18.8.4:

Delete " first four years" and insert " first six years"

Purpose: to maintain the provision of reserved seats for pre-92, post-92, and academic-related members standing for nationally-elected NEC seats (as stated in rule 18.8.2) beyond the initial 4 year remit decided when UCU was formed. Thus allowing a longer time period (extra 2 years) to debate any structural changes to current NEC representation.

CARRIED

CBC advice, motion 46: that the motion 46 (below) be ruled out of order as it creates a direct conflict in the rule book (with rule 21.4) and in addition, under some circumstances is impossible to implement.

46 Rule change - University of Birmingham

Under 19 (Scheduling of national executive committee and Trustee elections), Add new rule after 19.8:

"In the case of seats lasting for two years and for which biennial elections are held: if a seat remains unfilled due to insufficient candidates, or becomes vacant due to the holder resigning within 10 months of taking up office, a one-year casual vacancy will be created for which an election will be held one year after the original election."

Purpose: to prevent regional and Equalities seats remaining vacant for two years in the case of insufficient candidates or resignation within the first year of office. (This happened last year in the case of the Midlands regional seats, where there were two vacancies but only one candidate stood for election).

WITHDRAWN

47 Rule change: NEC casual vacancies - clarification - National executive committee

Rule 21.5, first sentence, delete 'during the first year of a two year term as'; replace with for a period of one year or more, for'.

Rule 21.6, first sentence, delete 'during the second year of a two year term of'; replace with 'for a period of less than one year for'.

Purpose: to clarify the situation in respect of a casual vacancy being filled where an NEC member is elected to an officer or other position after one year of a two-year term. (At present the NEC member is required to resign 'during the first year'.)

CARRIED

48 Rule change: NEC casual vacancies - coordination - National executive committee

Rule 21.8, add at end 'Normally, nominations to a casual vacancy will be called for after the close of the Congress meeting at the end of the election year in which the vacancy arises.'

Purpose: to allow processes to be co-ordinated annually when dealing with NEC casual vacancies.

CARRIED

49 Rule change: trustees and other roles within the union - National executive committee

Delete rule 25.5 and replace with:

'No trustee shall be a member of the national executive committee, or hold any other elected or appointed or co-opted position within the Union's national decision-making structures. No trustee shall be a member of Congress or the Congress Business Committee, nor shall they be an employee of the union.

Trustees may hold elected offices and committee membership at the level of their region, and their branch or local association, except that they shall not hold the position of treasurer.'

Purpose: to clarify the possible involvement of trustees in other structures of the union.

CARRIED

50 Congress standing order 12: approval of emergency motions during Congress - National executive committee

Congress Standing order 12, Delete 'by delegates from at least 10 branches/local associations.' Replace with 'in the name of at least 10 delegations'.

Purpose: to clarify the way in which emergency motions can be submitted and ensure that support is found from 10 delegations.

CARRIED

51 Congress standing order 36: observers attending private sessions - National executive committee

Delete 'members of committees listed in rule 16.6.4 attending under arrangements agreed by the NEC'. Replace with 'observers who are members of the Union'.

Purpose: to give all observers who are present at Congress and are UCU members the right to remain in private sessions.

CARRIED

52 Congress standing order 54: CBC membership of relevant sector - National executive committee

Standing order 54, after 'two members of the Congress Business Committee', add 'who must be members of the relevant sector'.

Purpose: to clarify that CBC members, who are elected by the HE or FE sector conference, should be members in the relevant sector.

Amended standing order 54 would read:

'At each Congress, sector conferences shall each elect two members of the Congress Business Committee, who must be members of the relevant sector, to serve for a term of two years.'

CARRIED

53 Congress standing order 54: NEC membership of CBC - National executive committee

Add new Congress standing order 54, and re-number remaining Congress standing orders accordingly:

'NEC members may be elected to the Congress Business Committee provided that, following the close of Congress, this will result in there being not more than two NEC members in each sector serving on the Congress Business Committee. '

End of standing order 55 (renumbered 56), and end of standing order 77 (renumbered 78), add 'subject to standing order 54'.

Purpose: to ensure that at the time of election not more than half of CBC members in each sector are also NEC members.

CARRIED