3 October 2008	UCUHE/10	
		
University and College Union	
To	Higher Education Sector Conference (HESC)	
From	HEC	
For	Approval	
Subject	Proposed formula - Election of Negotiators	

NOTE:	Under Rule 16.3, “Sector Conferences … shall elect national negotiators for the sector according to a formula approved by the sector conference”. What follows is a proposal to put in place such a formula.

PRELIMINARIES
1.	It is important to adopt the principle that we should not have more negotiators than seats at the table. Whilst it is at this stage difficult to make an accurate prediction as to what that number might be, the current JNCHES draft agreement assumes sixteen TU seats in all. We would expect 50% of these; accordingly, this protocol proposes a total of eight negotiators.
2.	Apart from ex officio seats, the proposal allows for elected positions from members of HEC and of HESC.
3.	Certain special categories, germane to the negotiation process, are allowed for; namely: pre- and post-92, academic related; a gender balance is also provided for.
4.	The proposals do not stipulate representatives from the devolved nations. Whatever the merits of this in principle, it is impossible to accommodate in practice. We still maintain the principle of UK-wide bargaining: this in itself indicates that we should not allocate national seats.
5.	The Draft Formula will be proposed to HESC on November 7th in order to enable that conference to elect negotiators to take office immediately, and to have in place an agreed procedure for future elections.
DRAFT FORMULA
A.	The total number of representatives shall be eight.
B.	All non-ex officio elected negotiators must be in current employment in the HE sector when elected.
C.	Four negotiators shall be ex officio; namely:
1.		Chair of HEC
2.		Vice-chair (pre-92) of HEC
3.		Vice-chair (post-92) of HEC
4.		Secretary of HEC / Head of HE
D.	Four negotiators shall be elected by a meeting of HESC, two from each of the following constituencies:
5. & 6.		Members of HEC other than the officers in (C).
7. & 8.		Members of conference who are not elected members of HEC.
E.	Elections to 5, 6, 7 and 8 shall be subject to the following provisos at the time of election:
(a)	that the seven lay members consist of four from the pre-92 sector and three from the post-92 sector;
(b)	that at least one lay member be from the academic related sector;
(c)	that at least three lay members be women;
F.	Should circumstances arise in which a reserve is required to fill a temporarily vacant place, the Chair and Vice-Chairs of HEC collectively are authorized to determine a suitable replacement for that purpose only.
G.	The first set of elections will be held in conjunction with the conference which approves these rules. Subject to (B), all delegates to the relevant HE Sector conference shall be eligible for nomination, and all members of the current HEC. Nominations will be by self-nomination from those who are official voting delegates to the relevant sector conference.
H.	After the first election, subsequent elections of negotiators will held at the sector conference during congress. Subject to (B), all delegates to congress within the HE Sector conference shall be eligible for nomination, and all members of the HEC which takes office immediately after congress.
I.	The formula will remain in force unless and until modified by a motion to HESC passed by a simple majority.