Rules changes

Section 5 of the NEC's report to Congress 2014:
UCU568.html | UCU568.rtf

Motions (private session):

35 - Rule change (Rule 12.6)
36 - Discussion of motions at NEC
37 - Prioritisation of Congress motions
38 - Rule changes NEC structure
39 - Age Equality Standing Committee
40 - National Meetings of Retired Members
41 - Rule change (Rule 29.1)
42 - Amendment to Congress Standing Orders: chair's casting vote

(EP) advisory marking
denoting UCU existing policy

CBC advice: if motion 35 is lost, the first two paragraphs of motion 58 fall.

35 Composite: Rule change (Rule 12.6) - Leeds Metropolitan University, South East Regional Committee, Greenwich Community College

Amend Rule 12.6:

At the end of Rule 12.6 delete 'the rules of the union and with any guidance issued by the national executive committee.' And replace with 'Model Local Rules agreed by Congress'.

The relevant sentence would then read:

'Branches/Local Associations shall adopt their own rules which shall be consistent with Model Local Rules agreed by Congress.'

Purpose

To clarify the current woolly and indistinct wording of 12.6 which is open to misinterpretation. To ensure that changes to model local branch rules are less likely to be encouraged by the current indistinct wording of 12.6. Since late 2012 this last part of Rule 12.6 has been interpreted by some of the NEC to mean that the NEC has the authority to propose substantial changes to the union's rules without any reference back to Congress. Many members have also suggested that the NEC is not the appropriate body to amend these rules which should be done by annual congress delegates in an appropriate Rules revision session.

CARRIED

36 Discussion of motions at NEC - East Midlands Regional Committee

Amend first line of 12.6.2 as follows:

after 'local associations' add 'and regional committees'. Remove superfluous 'and'.

In (iii), after 'receive', add 'after discussion'

Purpose

To ensure the NEC discusses motions sent by branches and local associations.

LOST

37 Rule change: Prioritisation of Congress motions - National Executive Committee

16.7, delete 'eight', replace with '15'; delete 'three, working', replace with 'eight'.

Add new rule 16.9: 'The process set out in the Congress standing orders for the ordering of Congress and sector conference motions and amendments submitted in accordance with rules 16.6.1-16.6.5 may include a process for the prioritisation of motions.'

Renumber rules as necessary.

Changes to Congress Standing Orders:

SO 1, delete '16', replace with '24'.

SO 2, delete 'ten', replace with '18'.

SO 6, delete 'As far as practicable'; delete 'sent', replace with 'made available'; delete 'not later than two working weeks before the first session of the annual meetings.', replace with 'as soon as practicable after each meeting of the Congress Business Committee.'

SO 12, add at end: 'Late and emergency motions submitted after the first circulation of CBC's second report will not be taken before prioritised motions in the relevant section of Congress business have been taken.'

Existing SO 13, move to become SO 18 and renumber standard orders as necessary.

Existing SO 14, move to become SO 19 and renumber standard orders as necessary.

SO 15, delete 'structure of the Annual Report', replace with 'chapters of the NEC's report to Congress'; delete 'a guide to', replace with 'sections for'. Renumber as SO 13.

Insert new SO 14: 'Motions submitted to Congress will be prioritised by means of a ballot in which branches and regional committees will cast votes. Voting must take place in accordance with the same procedure for the submission of amendments to Congress motions as set out in standing order 3.3 above. In institutions with more than one branch, quorate meetings of coordinating committees will be responsible for agreeing the priority voting for their institutions. Each eligible body shall cast up to three votes for Congress motions in each section of Congress business. The votes cast will be weighted by the Congress delegate entitlement of the submitting body in whose name the votes are cast. Branch, coordinating and regional committees will inform their relevant memberships of the votes that have been cast in the name of the branch, institution or regional committee and the decision-making process followed.'

Insert new SO 15: 'The period for the casting of votes shall normally be the three-week period following the publication of the Congress Business Committee's second report.'

Insert new SO 16: 'Priority motions will be ordered at the start of each section of Congress business, along with those motions listed in standing order 17 below as exempt from the prioritisation process. All other motions will be listed in the relevant section of business, in the order in which those motions were ranked in the ballot, and will be taken if time permits.'

Insert new SO 17: 'The following motions are not subject to the priority voting process and will automatically be treated by CBC as priority motions:

Motions from the NEC dealing with the union's finances (including budget, accounts, appointment of auditors and setting of subscription rates).

Motions from the NEC to change the rules in order to meet a statutory obligation or to remove conflict or uncertainty from the rules, or to ensure their operational integrity.

Motions from the NEC which an earlier Congress has instructed the NEC to bring forward, which may include rule changes or policies for approval.

Three other motions from the NEC.

One motion from each of the bodies representing members in Scotland, Wales and Northern Ireland.'

Renumber standing orders as necessary.

Insert new SO 29: 'If, at the time a non-prioritised motion is reached for debate on the agenda, there is no indication to the chair of any delegate wishing to speak in opposition to the motion, the vote on the motion shall normally be taken as soon as that motion has been moved.'

Insert new SO 30: 'Motions which re-state existing policy, and which have not been designated 'priority' motions, and which do not have amendments attached which would if passed create new policy, will be taken without debate.'

Renumber standing orders as necessary.

SO 49 viii, delete 'grouping', replace with 'allocation'; delete 'under paragraph headings within appropriate sections of the Annual Report.' and replace with 'to chapters of the NEC's report to Congress, which shall form the sections of Congress business.'

SO 50, delete 'motions and'; delete 'thereof.', replace with 'of motions and amendments.'; Add at end: 'This shall form the Congress Business Committee's second report.'

Renumber standing orders as necessary.

Insert new SO 57: 'Following the publication of the second report, institutions and regional committees shall be asked to vote for priority motions as described in standing order 14. The Congress Business Committee will meet as soon as practicable after the deadline for the casting of votes. At this meeting, in addition to relevant matters under standing order 56, the Committee will:

• order the three motions with the highest vote in each section of Congress business at the beginning of the relevant section of business, along with any relevant motions excluded from the prioritisation process as set out in standing order 17
• order the remaining motions in each section of business, in the order of the vote received in support of the motion
• finalise a timetable for the sections of Congress business, providing sufficient time for the debate of priority motions in each section of Congress business.

These recommendations will form the Congress Business Committee's third report which will be published as soon as possible after the committee's third meeting.'

Renumber standing orders as necessary.

Purpose

To implement the instruction from Congress 2013 to bring forward, following consultation with branches and Congress delegates, rule and standing order changes to introduce a proposed system for the prioritisation of Congress motions most important to branches and members. The proposal brings forward the timetable for Congress to allow for a three-week period in which branches (as institutions) and regional committees vote for three priority motions within each section of the annual report to Congress.

REMITTED

38 Rule changes NEC structure - National Executive Committee

18.8.1, delete '14', replace with 'nine'. ('There will be nine UK-elected members of the national executive committee who are elected by and from members of the Higher Education Sector.')

18.8.2i. delete 'four', replace with 'two' ('at least two will be employed... in a pre-1992 institution')

18.8.2ii. delete 'four', replace with 'two' ('at least two will be employed... in a post-1992 institution')

18.8.4, delete '10', replace with 'five'. ('There will be five UK-elected members of the national executive committee who are elected by and from members of the Further Education Sector.')

Delete clause 18.8.5i ('at least one will be employed... in land based education')

18.10.2, delete 'seven', replace with 'four or five'; delete 'four', replace with 'three' ('Of the four or five UK-elected Higher Education seats for which elections are held each year, the minimum number of seats that must be filled by women is three...')

18.10.3, delete 'five', replace with 'two or three'; delete 'three', replace with 'two' ('Of the two or three UK-elected Further Education seats for which elections are held each year, the minimum number of seats that must be filled by women is two...')

18.11.1, delete 'One seat will be reserved for a representative from the HE sector and one seat will be reserved for a representative from the FE sector.'

Add new 18.13.1:

18.13 Seats for members in land-based education

18.13.1 There will be one national executive committee seat for a representative of members in land-based education, to be filled by a member of either sector. To be eligible for election this seat a member must be employed in land-based education in their main employment, or, if not employed at the time of nomination, have been most recently employed in land-based education in their main employment.

18.13.2 (as currently numbered), delete '18.8.2 or 18.8.5 or 18.12.1', replace with '18.8.2, 18.8.5, 18.12.1 or 18.13.1'.

19.1, delete 'Seven', replace with 'Four or five' ('Four or five UK-elected Higher Education members of the national executive committee will be elected each year...')

19.2, delete 'Five', replace with 'Two or three'. ('Two or three UK-elected Further Education members of the national executive committee will be elected each year...')

19.6, after 'and two representative of black members,' add, 'and for the seat described in rule 18.13.1 for a representative of members in land-based education'.

Add new rule 19.10:

19.10 Members of the NEC elected prior to rule changes passed by UCU annual Congress 2014 shall continue to serve out the NEC terms to which they were elected. (This rule to be deleted following the close of Congress 2016.)

20.5, add at end of order in which ballots will be counted 'xii. Representative of members in land-based education'.

Re-number rules as necessary.

Purpose

To implement the new NEC structure agreed at Congress 2013.

CARRIED AS AMENDED

38A.1 Disabled Members' Standing Committee

Delete ' 18.11.1 'delete 'One seat will be reserved for a representative from the HE sector and one seat will be reserved for a representative from the FE sector'.

CARRIED

Substantive motion

18.8.1, delete '14', replace with 'nine'. ('There will be nine UK-elected members of the national executive committee who are elected by and from members of the Higher Education Sector.')

18.8.2i. delete 'four', replace with 'two' ('at least two will be employed... in a pre-1992 institution')

18.8.2ii. delete 'four', replace with 'two' ('at least two will be employed... in a post-1992 institution')

18.8.4, delete '10', replace with 'five'. ('There will be five UK-elected members of the national executive committee who are elected by and from members of the Further Education Sector.')

Delete clause 18.8.5i ('at least one will be employed... in land based education')

18.10.2, delete 'seven', replace with 'four or five'; delete 'four', replace with 'three' ('Of the four or five UK-elected Higher Education seats for which elections are held each year, the minimum number of seats that must be filled by women is three...')

18.10.3, delete 'five', replace with 'two or three'; delete 'three', replace with 'two' ('Of the two or three UK-elected Further Education seats for which elections are held each year, the minimum number of seats that must be filled by women is two...')

Add new 18.13.1:

18.13 Seats for members in land-based education

18.13.1 There will be one national executive committee seat for a representative of members in land-based education, to be filled by a member of either sector. To be eligible for election this seat a member must be employed in land-based education in their main employment, or, if not employed at the time of nomination, have been most recently employed in land-based education in their main employment.

18.13.2 (as currently numbered), delete '18.8.2 or 18.8.5 or 18.12.1', replace with '18.8.2, 18.8.5, 18.12.1 or 18.13.1'.

19.1, delete 'Seven', replace with 'Four or five' ('Four or five UK-elected Higher Education members of the national executive committee will be elected each year...')

19.2, delete 'Five', replace with 'Two or three'. ('Two or three UK-elected Further Education members of the national executive committee will be elected each year...')

19.6, after 'and two representative of black members,' add, 'and for the seat described in rule 18.13.1 for a representative of members in land-based education'.

Add new rule 19.10:

19.10 Members of the NEC elected prior to rule changes passed by UCU annual Congress 2014 shall continue to serve out the NEC terms to which they were elected. (This rule to be deleted following the close of Congress 2016.)

20.5, add at end of order in which ballots will be counted 'xii. Representative of members in land-based education'.

Re-number rules as necessary.

39 Age Equality Standing Committee - Southern Retired Members' Branch

Rule 23 Equality structures

23.1. In line one delete 'four' and insert 'five'.

Add new

v. Age Equality Standing Committee (AEC)

23.2. In lines one and two delete 'four' and insert 'five'

Purpose

The current UCU equality structures do not afford to age the same recognition and value as they properly do to Black, Disabled, LBGT and women members. This rule change addresses that anomaly.

REMITTED

40 National Meetings of Retired Members - Yorkshire and Humberside Retired Members' Branch

New Rule 24 (and renumber existing Rule 24 and all subsequent Rules)

National Meetings of Retired Members

24.1 There will be a formally scheduled meeting of all retired member branch delegates to Congress which will be held at a time when Sector Conferences are in session. The meeting shall elect a chair from amongst those attending. Any resolutions agreed by the meeting may be forwarded to the NEC if so decided.

24.2 The meeting shall elect UCU's representatives on the Executive and National Council of the National Pensioners' Convention, representative(s) on the Public Service Pensioners Council and the UCU representative on the TUC Pensioners Committee.

24.3 A formally scheduled meeting of representatives from Retired Members Branches shall be held annually in the autumn term, which will have the right to forward resolutions to the NEC. The meeting will elect a chair from amongst those attending. Representation shall be on the basis of two members per retired members' branch.

Purpose

To afford a low-cost opportunity for retired members to meet and discuss issues specific to their role while attending Congress.

This would be a formalisation of existing practice:

• to enable retired members to bring issues to the attention of the NEC.
• to ensure that those who represent UCU on retired member matters are responsible to retired members
• to provide an additional opportunity for retired members branch representatives to discuss issues of importance in between meetings of Congress.

CARRIED

CBC advice: if motion 41 is lost, the last paragraph of motion 58 and motions 59 and 60 fall.

41 Rule change - North West Regional Committee

Rule 29.1

Delete full stop at end

Add 'agreed by National Congress. Any local variations may be agreed by the national executive committee'

Purpose

To ensure that changes to Standing Orders for Regional Committees are agreed by National Congress. Where Regions wish to have local variations these can be agreed by the NEC, rather than having to wait for the next National Congress

CARRIED

42 Amendment to Congress Standing Orders: chair's casting vote - National Executive Committee

SO 41, delete 'the person in the Chair shall have the right to exercise a second casting vote.' Replace with 'the Chair will declare the proposition 'not carried'.'

The SO will then read: In the event of an equality of votes the person in the Chair will declare the proposition 'not carried'.

Purpose

To remove the chair's second casting vote in line with the principle expressed in the Rules and NEC standing orders.

CARRIED