RULES AND CONSTITUTION
OF
ULSTER TEACHERS’ UNION
94 MALONE ROAD
BELFAST
BT9 5HP
Tel: 02890 662216
Facsimile: 02890 663296
SEPTEMBER 2009 REVISION
INDEX TO THE RULES AND
CONSTITUTION
TITLE
RULE
1
OBJECTS
RULE
2
CONSTITUTION
RULES
3-9
CONSTITUENT BODIES – OFFICERS
RULES 10-28
CENTRAL EXECUTIVE COMMITTEE
NOMINATIONS AND ELECTIONS
RULES 29-40
OFFICIALS
RULES
41-44
CONFERENCE
RULES
45-64
MEMBERSHIP
RULES
65-73
SUBSCRIPTIONS
RULES
74-82
HONORARY VICE-PRESIDENT
RULES
83-87
FUNDS & PROPERTY OF UNION
RULE
88
UTU FUND TRUSTEES
RULES
89-95
UTU PENSION TRUSTEES
RULE
97
ACCOUNTS
RULES
98-102
GENERAL
RULES
103-110
INTERPRETATION AND AMENDMENT
RULES
111-117
(FOLLOWED BY ANNEXES TO THE
RULES)
RULES AND CONSTITUTION
TITLE
1.1
The
1.2
The Headquarters
of the
OBJECTS
to associate and
unite the teachers of
to provide means
whereby the collective opinion of the members upon matters affecting education
and the interests of the teaching profession may be expressed;
to cultivate a
fraternal spirit and professional intercourse among the members, and to secure
a strict observance of professional etiquette;
to raise the
standard of education and to work for the establishment of a properly
co-ordinated system of education;
to afford to Her
Majesty’s Government, the Department of Education and other organisations –
public or private – which have relation to educational affairs, the advice and
experience of the associated teachers;
to secure the
effective representation of educational interests in Parliament and similar
devolved assemblies;
to watch the
administration and working of the various Education Acts/Orders, the
regulations made there-under and the memoranda and circulars issued by the
Minister’s administration when educationally desirable; and to endeavour to
secure the removal of difficulties, abuses and outmoded regulations detrimental
to progress;
to maintain a
high standard of qualification to raise the status of the teaching profession,
and to ensure that all posts in the education service are open to members and
that merit shall be the only determining factor in matters of appointment and
promotion;
to afford advice
and assistance to members in educational and professional matters, and in legal
cases of a professional nature;
to secure advice
and assistance to members in educational and professional matters, and in legal
cases of a professional nature;
to secure a just
appointments system and to protect members against unjust dismissal;
to secure for
teachers adequate remuneration;
to watch the
administration of the Superannuation Acts/Orders and Pension Regulations, and
to endeavour to secure their amendment where necessary;
to provide a
Benevolent Fund to assist members or their dependants in need;
to purchase,
lease, exchange or otherwise acquire any real and personal property, and to
construct, alter and maintain any buildings required for the purposes of the
Union, and to sell, improve, develop, lease, mortgage or otherwise deal with
all or any part of the property of the Union;
to aid in
establishing charitable trusts of an educational nature and where appropriate,
to subscribe to the funds of such bodies;
to aid/and/or
join with other societies or bodies having objects altogether or in part
similar to the objects, some of the objects or some one object of the Union and
to contribute to, subsidise, or otherwise assist, or take part in the
management, working or the control thereof; to negotiate and enter into
arrangements for amalgamation or federation as may be prescribed by law and
upon such terms as may be agreed with other societies or bodies of teachers;
to secure a
comprehensive school welfare system;
to raise and
receive funds in accordance with the Rules and Constitution; and
generally in all other matters to act in the best interests of
the members of the
CONSTITUTION
CONSTITUENT BODIES
12.1
Should the President die whilst in office, or otherwise relinquish said office,
the Ex-President shall become Acting President for the remainder of the term
12.2 Should the Vice-President de whilst in office, or otherwise relinquish
said office,
a new
election shall occur as prescribed later in Rule 32.
13
The General
Secretary shall be elected by those members entitled to vote and shall not
continue to hold that position for more than 5 years except as prescribed in
current employment and trade union legislation.
Upon election the General Secretary shall be appointed to his office in
accordance with terms and conditions of employment decided upon by the
Executive from time to time.
14
All Offices shall
be held subject to Union membership being retained.
15
Only members of
the
16
Executive
Members, other than Officers, shall retire annually and shall be ineligible for
re-election for a period of two years after serving six continuous years. Membership of the Executive for any part of a
year shall count as a full year in the calculation of six continuous years. Executive Members, other than the General
Secretary may remain for a maximum of nine continuous years, if during that
period the member has been an Officer of the
17
Members of the
Executive, excluding the newly installed President, shall assume duties on the
day following the last day of Annual Conference held in the year of election
and shall so serve until the last day of the next following Annual Conference,
subject to Rule 15.
18
In any meeting of
the Executive, regularly summoned, 7 members shall constitute a quorum, such
meeting to be conducted in accordance with Standing Orders appended hereafter.
19
In the event of a
vacancy being declared in the Executive in the period 12 weeks prior to Annual
Conference such vacancy shall not be filled until the Annual Conference, but in
the event of a vacancy being declared at any other time an election shall take
place within 6 weeks of the said declaration.
20
The Executive
shall meet monthly, except in July and August, and at such other times as the
President and the General Secretary may deem necessary. A meeting of the Executive shall be summoned
on receipt by the General Secretary of a requisition signed by not less then 7
members and stating the object of the meeting.
21
The meetings of
the Executive shall be held in Union Headquarters or at such other places as
the Executive itself may decide.
22
The Executive may
appoint sub-committees that it may deem fit; such sub-committees shall normally
be made up of Members of the Executive and shall have such authority as the
Executive may accord them.
23.
23.1 In
the event of a member of the Executive applying for a paid post to which the
appointment is made by the Executive, such member shall be automatically
suspended from membership of the Executive with effect from the date of the
submission of his application until the confirmation by the Executive of said
appointment. In the event of a member of
the Executive being appointed to such a paid post as aforesaid, he shall be
deemed to have resigned membership of the Executive from the date of said
appointment.
23.2 If
such a paid post is subject to election by the members of the Union then
membership of the Executive of any candidate for such a paid post shall be
suspended from the date of the commencement of the election procedure and upon
being elected to such a paid post he shall be deemed to have resigned
membership of the Executive from the date of said election.
All
Constituent Bodies shall forward a copy of any proposed additional rules and
subsequent amendments thereto to the General Secretary for the Executive’s
approval.
NOMINATIONS AND ELECTIONS
Area Association
Committees shall elect the Executive in accordance with the provisions of Rules
9, 15 and 16.
Constituent
Branches shall be entitled to make nominations to their Area Association
Committee Secretaries.
Where such
nominations, after withdrawals, exceed the number of Executive seats to which
the Area Association Committee is entitled, a postal ballot to elect the required
number shall be held and shall be conducted by an Independent Scrutineer, as prescribed in current employment and trade
union legislation.
A member
nominated for the Executive shall have been a member of the
The office of
General Secretary of the
A five-yearly
election for the office shall not be necessary in some circumstances, as
prescribed in current employment and trade union legislation.
All members of
the
A nomination
shall be signed by a proposer, a seconder
and at least EIGHT other sponsors, all of whom shall be members of the
The format of an
election for the office of General Secretary shall be determined by the
Independent Scrutineer, in consultation with the
General Secretary on behalf of the Executive, provided he is not a candidate
for the post in which event the Independent Scrutineer
shall act in consultation with the President.
A General
Secretary Elect shall not be appointed, or employed, outside a period of six
months prior to the retirement of the previous General Secretary as required by
current employment and trade union legislation, except in circumstances in
which current legislation cannot be applied.
Nominations for
the office of Vice-President shall be made by Branches to their Area
Association Committees in accordance with the provisions of Rule 15.
An Area
Association Committee shall subsequently not make more than ONE nomination.
The nominations
in 32.2 shall be submitted to the General Secretary on the Form provided not
later than 31st December and shall be signed by a proposer, a seconder and at least
FOUR other sponsors, all of whom shall be members of the Union entitled to
vote. Non-compliance with this rule will
invalidate the nomination.
Where such nominations,
after withdrawals, exceed more than one candidate for the office of
Vice-President, a secret postal ballot shall be conducted by an Independent Scrutineer, in accordance with current employment and trade
union legislation.
A member
nominated for the office of Vice-President shall have been a full member of the
A member
nominated for the office of Vice-President who has previously been an Executive
Member must comply with Rule 16.
Nominations for
the office of Honorary Treasurer shall be made by Branches to their Area
Association Committees in accordance with the provisions of Rule 15.
An Area
Association Committee shall subsequently not make more than ONE nomination.
The nominations in
32.2 above shall be submitted to the General Secretary on the Form provided not
later that 31st December and shall be signed by a proposer, seconder and at least
FOUR sponsors. Non-compliance with this
Rule will invalidate the nomination.
Where such nominations,
after withdrawals, exceed more than one candidate for the office of Honorary
Treasurer, a secret postal ballot shall be conducted by an Independent Scrutineer, in accordance with current employment and trade
union legislation.
A member nominated
for the office of Honorary Treasurer shall have been a full member of the
A member
nominated for the office of Honorary Treasurer who has previously been an
Executive Member must comply with Rule 16.
No person should
be nominated for any office or for membership of the Executive without his
prior consent.
A person
nominated for the offices outlined above may withdraw his consent by advising
the General Secretary, in writing, not more than 14 days after the final date
for the closure of nominations.
All nominations
remaining after that date shall appear as candidates on respective voting
papers.
OFFICIALS
CONFERENCE
to consider all
motions and business submitted by Branches and others for discussion at
Conference;
to recommend the
order and format of motions and business submitted by Branches and others for
discussion at Conference;
to arrange the
business of Conference; and
to submit its list of motions and business for
Conference to the Executive.
MEMBERSHIP
65.
65.1 A person shall only be eligible for
membership if: they are registered with the General Teaching Council for N.I.
65.1.1
employed as a teacher recognised by the Department of
Education for
65.1.2
employed as a teacher recognised by the Department of
Education for
65.1.3
employed as a teacher recognised by the Department of
Education for
65.1.4
employed as a teacher recognised by the Department of
Education for
65.1.5
employed as a teacher recognised by the Department of
Education of
65.1.6
Employed as a
teacher recognised by the Department of Education for
65.2
No person shall
be eligible for membership if such person has previously been expelled from the
65.3
Every candidate
for admission as a member shall complete an application form for membership in
such terms as may from time to time be determined by the Executive and send or
deliver the same to the General Secretary at the Headquarters of the
65.4
The Officers
shall decide whether to accept or reject the application and shall communicate
to the candidate their decision within 14 days of receipt of the application
form by the General Secretary.
65.5
If the candidate
is accepted for membership, then upon receipt from the candidate of a
subscription payable under rule 74 below, the candidate’s name and address and
the branch to which the candidate is assigned shall be entered upon the
register of members by the General Secretary.
65.6
If the
application of a candidate is rejected, the candidate shall be notified of his
rejection and of the reasons for his rejection.
Despite the rejection, the candidate shall be eligible to reapply for
membership by submitting a further application for membership stating, where appropriate,
any reasons for believing that any previous application should not have been
rejected or any change in circumstances arising since the last application as
the case may be.
65.7
A member’s
membership shall cease automatically on that person no longer remaining
eligible for membership under rule 65.1.
65.8
The membership of
a person shall, subject to rule 65.9 below, cease upon:
65.8.1
the expiry of
notice of resignation given under rule 65.14 below;
65.8.2
expulsion under
rule 67 below;
65.8.3
the member being
in arrears of contribution amounting to a sum equal to three months’
contributions;
65.8.4
the member being employed in a senior executive post
which in the opinion of the Executive makes continuing membership of the union
inappropriate.
65.9
Notwithstanding
rule 65.8 above, any Officer of the
65.10
Any member whose
arrears of contributions or levies exceed an amount equal to three months’
contributions shall be notified to that effect by the General Secretary and
shall not in any case share or take part in the benefits of the union unless
and until the member has extinguished the arrears. Any members shall, at least one week before
the date when the member’s arrears will operate to terminate the member’s
membership, be given notice of that fact in writing by the General Secretary.
65.11
Any notice
required to be sent to a member shall be sent to the address entered upon the
register of members and any notice sent by post to that address shall be
sufficiently served. It shall be the
duty of every member to inform the General Secretary if the member shall change
address.
65.12
The Executive may
make provision for persons to be appointed associate member or student members
on such terms and at such subscription rates that the Executive may from time
to time determine provided always that such associate members and students
shall not be entitled to vote in any ballot or at any meeting of the union.
65.13
The Executive may
appoint on such terms and conditions as it may determine honorary life members
who (unless also an ordinary member of the union) shall not be entitled to a
vote in any ballot or at any meeting of the union. The position is entirely an honorary one and
shall not confer on any person any privileges or rights within the Rules and
Constitution.
65.14
An appointment as
an honorary life member of the
65.15 A member may resign from the membership of the union on giving one
month’s prior written notice to the
General Secretary.
66.16 Membership
of any organisation in membership of the British and Irish Group of Teaching
Unions shall be aggregated for the purpose of any provision in the Rules and
Constitution of the
67.
67.1 There
shall be a committee to be called the Professional Conduct Sub-Committee whose
function shall be to investigate complaints against the professional conduct of
members. Members shall have a right of
appeal against the findings of the Professional Conduct Sub-Committee to the
Appeal Sub-Committee.
67.2
In these rules:
67.2.1 ‘the Professional Conduct
Sub-Committee’ means the Professional Conduct Sub-Committee appointed from time
to time by the Executive comprising five members of the Executive, one of whom
shall be an Officer.
67.2.2 ‘the Appeal Sub-Committee’
means the appeals sub-commmittee appointed from time
to time by the Executive comprising five other members of the Executive.
67.3
The investigation
of any complaints against the professional conduct of members and the
proceedings of the Professional Conduct Sub-Committee and the Appeal
Sub-Committee shall be governed by the rules set out in Annex B hereto.
For any teacher
to accept an appointment from which, in the judgement of the Executive, another
teacher has been unjustly dismissed.
For any teacher
to canvas for pupils, directly or indirectly.
For any teacher
to systematically to detain after normal school hours pupils for extra tuition.
For any teacher
to engage in public controversy via the mass media on professional matters of a
confidential nature.
For any teacher
to censure other teachers or criticise their work in the hearing of pupils or
public.
For any teacher
to make a written report on the work or conduct of another teacher without acquainting the
teacher concerned with the nature of it, saving the case of one teacher being
named as referee by another.
For any teacher
to impose, or seek to impose upon another teacher, out of the ordinary school
hours, an excessive and unreasonable amount of work of any kind.
For any teacher
to be guilty of conduct detrimental or injurious to the interests and/or honour
of the profession or the
For any member,
having been heard by the Professional Conduct Sub-Committee, not to abide by
the Executive’s decision.
For any member
wilfully to disregard any lawful instruction of the
SUBSCRIPTIONS
been accepted for
entry to a College or University Department of Education, or other recognised
institution for training as a teacher, or
commenced a
course of such training
76.
Shall be eligible for membership of the appropriate Branch or other Constituent
Body as an Associate Member without fee or subscription, on undertaking to
become an ordinary member of the
for nomination
for or election to any office or committee within the
to vote in any
such election;
to be appointed as a Branch Delegate.
Conference
recommends that the imposition of a levy is to be considered by the Executive
at a fixed time;
at least seven
days’ notice shall have been given to each member of the Executive;
the number of members voting in favour of the motion be
at least two-thirds of the number of members of the Executive present.
Members
not so employed should be members of Branches within the administrative
structure of an Education and Library Board.
HONORARY VICE-PRESIDENT OF UNION
FUNDS AND PROPERTY OF THE UNION
88.
88.1
The funds of the
88.2
The Union
Headquarters and the Pension Fund of the
88.3
The
UTU FUND TRUSTEES
89.
89.1 All the
funds and property (save as provided for at Rules 96 and 97 below) of the
89.2
The duties of the
trustee shall be:
89.2.1 as directed by the Executive, to invest, safeguard and
keep all funds and property of the union received by them in such manner as
may, from time to time be authorised by Act of Parliament for the investment of
trust funds.
89.2.2 to examine all accounts submitted for payment;
89.2.3 as and when required by the Executive to direct a
bank, at which all cash not immediately required by the union is placed in an
account, to honour not less than any 2 of the joint signatures of the persons
(not being any of the trustees), named in the direction whereupon the trustees
shall be relieved from all liability in respect of payments made in the nature
authorised by the direction while it is in force;
89.2.4 to defray from the funds of the union the expenditure
incurred by the Executive and General Secretary and in respect of such
expenditure as may from time to time be authorised by the General Secretary or
Executive;
89.2.5 to make payments out of the funds of the union of all
and any premiums on any insurance policy or fidelity guarantee taken out by the
Executive upon members of the union handling the funds of the union.
89.3
The trustees
shall have authority to enter into such transactions and to execute such
documents as may be necessary for the proper management and investment of the
funds of the union and, acting on the direction of the Executive, shall have
the power to borrow money on security or otherwise and to dispose of any assets
of the union.
89.4
The trustees
shall be authorised to take such professional advice as they shall deem
necessary, from time to time, to ensure the proper investment and management of
the funds of the union and to defray any expense of taking such advice out of
the funds of the union.
89.5
The Executive may
remove a person from the office of Trustee for any reason and may appoint
someone to fill the casual vacancy so created in accordance with Rule 89.1
above.
90.
Except for
contributions, donations, interest and other income specifically received for
credit of the Benevolent Fund, all income shall be paid into the General Fund
from which all expenditure, other than on account of the Benevolent Fund, shall
be paid.
91.
The Benevolent
Fund shall be made up of donations and such amounts voted annually by the
Executive from the General Fund to make good any deficit in the Benevolent
Fund.
92.
From the
Benevolent Fund shall be paid such amounts and to such beneficiaries as the
Executive shall authorise on the recommendations of the Finance and General
Purposes Sub-Committee.
93.
Grants may be
made from the Benevolent Fund to a member in need, or towards the support of
orphans, widows, or other dependants of deceased members. Grants shall be awarded on the
recommendations of the Finance and General Purposes Sub-Committee who shall have
made strict inquiry into the circumstances of the applicants. Grants shall not normally be paid in respect
of children over the age of sixteen years.
94.
Application for
grant shall normally be made to Headquarters or Members of the Executive.
95.
An immediate
grant shall be made from the Benevolent Fund to the next of kin of a Member who
dies in service, the amount thereof being determined by Conference.
THE BUILDING TRUSTEES
96.
96.1 Union Headquarters shall be administrated by
Building Trustees appointed by the Executive who should be not
less than three nor more than five in number. The Building Trustees shall hold office
during the pleasure of the Executive and in the event of any Building Trustee
dying, resigning or being removed from office, another shall be appointed by
the Executive.
96.2
The Building
Trustees shall have authority to enter into such transactions and to execute
such documents as may be necessary for the management of the Headquarters of
the Union and, acting on the direction of the Executive Committee, shall have
the power to borrow money on security or otherwise and to dispose of any assets
of the Union.
96.3
The Building
Trustees shall be authorised to take such professional advice as they shall
deem necessary, from time to time, to ensure the proper management of the
property and to defray any expense of taking such advice out of the funds of
the union.
96.4
The Executive may
remove a person from the office of the Building Trustee for any reason and may
appoint someone to fill the casual vacancy so created in accordance with Rule
96.1 above.
THE PENSION TRUSTEES
97.
97.1 Staff
pensions shall be administered by Pension Trustees appointed by the Executive
who should be not less than three or more than five in number and shall include
a nominee from the officials. Such Trustees
shall hold office except they resign from the
97.2
The duties of the
Trustees shall be:
97.2.1 as directed by the Executive, to invest, safeguard and
keep all funds and property of the
97.3
The Trustees
shall be authorised to take such professional advice as they shall deem
necessary, from time to time, to ensure the proper investment and management of
the funds of the
97.4
The Executive
Committee may remove a person from the office of Trustee for any reason and may
appoint someone to fill the casual vacancy so created in accordance with Rule
89.1.
ACCOUNTS
98.
The financial
year of the
99.
All monies due to
Branches and Area Associations from Central Funds shall be remitted by
Headquarters early enough to ensure inclusion in the accounts for the current
year.
100.
The accounts of
the
101.
The Honorary
Treasurer of each Branch shall present a Statement of Accounts to his Branch; a
copy shall be available, on request, to each member of the Branch and a copy
forwarded to the Union Honorary Treasurer not later than 31st
December.
102.
When a Branch of
the
GENERAL
103.
Every member of
the
104.
Grants may be
made to any member who in the opinion of the Executive has been unjustly
dismissed by his employers. Any such
grant shall not exceed one half of the salary the member was in receipt of
immediately prior to the effective date of dismissal and shall not normally
extend beyond a period of three months.
Before receiving such a grant a member shall sign an undertaking to
refund to the
105.
The
106.
Should a case
arise in which opposing parties are member of the
107.
Militant action
in support of any objective shall be instituted only as a last resort after all
other means to obtain justice for a teacher or teachers have failed.
108.
The authority to
institute militant action of any kind is vested solely and entirely in the
Executive. Before any strike action can
be declared, whether it be general, selective or area, a ballot shall be held
of all the members whom it is proposed to call out on strike in accordance with
current employment and trade union legislation, and such strike shall be
declared, at the discretion of the Executive, only if two-thirds of the votes
cast in such a ballot are in favour of the proposed strike.
109.
The over-all
responsibility for organising and prosecuting a strike thus called rests with
the Executive who shall issue all necessary orders and instructions.
110.
110.1 Any member
failing to obey orders or to comply with instructions issued by the Executive
may be disciplined. Any member so
disciplined at the recommendation of the Professional Conduct Sub-Committee
shall have the right to appeal to the Appeal Sub-Committee set up by the
Executive for the purpose.
110.2
The Union may be
dissolved if the membership falls below 500 and two-thirds of the members
remaining give their consent to such dissolution in which event any surplus funds
remaining after all liabilities shall have been met, which shall include the
payment of adequate compensation to the Officials, shall be divided equally
among the members in good standing.
INTERPRETATION AND AMENDMENT
111. .No
alteration in, amendment to, or addition to, the Rules and Constitution of the
112.
A motion to
alter, amend or add to the Rules and Constitution shall not be carried at the
Conference, or at a Special Conference, except the motion is supported by at
least two-thirds of Delegates present and entitled to vote thereat.
113.
In the event of any
questions arising as to the interpretation of any of the Rules and Constitution
of the
114.
Throughout the
Rules and Constitution, there are several references to “current employment and
trade union legislation”. Such
references relate to the provisions of the current industrial relations
legislation from time to time.
115.
In any
contingency not provided for in these Rules and Constitution the Executive
shall have the power to act and rule as it may deem fit and proper under the
circumstances.
116.
The Executive
shall have power to make Bye-Laws in accordance with the provisions of these
Rules and Constitution.
117.
Except where
specifically stated to the contrary all expressions in these Rules and
Constitution which impute the masculine shall include the feminine.
ANNEX A
TO
RULES AND CONSTITUTION
OF THE
Rules for the Conduct of Postal Ballots
General
1.
1.1 The
Executive shall be responsible to the
1.2 A ballot shall not be taken to have been
conducted in accordance with these rules if in any particular a requirement
imposed by or under any enactment in relation to the ballot has been
contravened.
1.3
Rule 20 below
shall apply only in connection with the conduct of elections of a member or
members of the Executive.
1.4
Rules 5, 6 (other
than 6.4 and 6.5) 10 to 13 (inclusive), 25,37 to 45,
47 (other than 47.6) 48,49, 50 and 51 shall not apply in relation to the
conduct of a ballot on the question of industrial action. Rule 52 shall only apply in connection with
the conduct of a ballot on the question of industrial action.
Interpretation
2.
2.1 These
ballot rules apply equally to all persons without regard to sex. The masculine pronoun is used only for
convenience of expression.
2.2
In these ballot
rules:
2.2.1
‘ballot’ means a
ballot held pursuant to these rules;
2.2.2
‘person’ in relation to the position of Scrutineer
includes a body of persons corporate or unincorporate.
2.2.3
‘post’ means a
postal service provided by the Post Office;
2.2.4
‘proper address’
in relation to any member means his home address or any other address which he
has requested the union in writing to treat as his postal address;
2.2.5
‘return envelope’
means an envelope in the form required by rule 19 below;
2.2.6
‘Scrutineer’ means the person appointed to that position in
relation to the ballot under rule 3 below; and
2.2.7
‘voting paper’ means a voting paper in the form required by
rule 17 below.
Appointment of a Scutineer
3.
The Executive
shall before the ballot is taken appoint a Scrutineer
in accordance with rules 4 and 5 below.
4.
Before making the
appointment referred to in rule 3 above the Executive shall satisfy themselves
that:
the person in
question:
satisfies such
conditions as are for the time being specified by the Department of Economic
Development in the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order (Northern Ireland) 1992;
or
is a person so
specified; and
there are no grounds for believing that the person in
question will carry out any functions conferred on him in relation to the
ballot otherwise than competently or that his independence in relation to the
union or in relation to the ballot might reasonably be called into question.
5.
Before the Scrutineer begins to carry out his functions the Executive
shall:
send a notice
stating the name of the Scrutineer to every member of
the union to whom it is reasonably practicable to send such a notice; or
take all such other steps for notifying members of the
name of the Scrutineer as is a practice of the
6.
The terms of the Srutineer’s appointment shall require the Scrutineer:
to be the person
who supervises the production and distribution for the purposes of the ballot
of all the voting papers;
to be the person
to whom the voting papers are returned by those voting in the ballot;
to inspect the
register of names and addresses of members of the union or to examine to copy
of the register as at the relevant date which is supplied to the Scrutineer in accordance with statutory provisions whenever
it appears to the Scrutineer appropriate to do so and in particular where a
request that the Scrutineer
Between
the date of appointment of the Scrutineer and the day
on which the Scrutineer makes a report to the Trade
Union by a member of the Trade Union who suspects that the register is not, or
at the relevant date was not, accurate and up to date and where the Scrutineer does not consider the member’s suspicion ill
founded;
to take such
steps as appear to the Scrutineer to be appropriate
for the purpose of enabling the Scrutineer to make
the report referred to in rule 46 below;
as soon as
reasonably practicable after the last date for the return of the voting papers
to make that report to the union;
to retain custody
of all voting papers returned for the purpose of the ballot and the relevant
copy of the register of names and addresses of members entitled to vote and
supplied to the Scrutineer by the union;
until the end of
the period of 1 year beginning with the announcement by the union of the result
of the ballot; and
where within that
year any application is made under the Trade Union and Labour Relations (N.I.)
Order 1995 with respect to the ballot for the period after the end of that year
until the Certification Officer or the Court authorises the disposal of the
papers;
to carry out such
other functions in relation to the ballot as are required of the Scrutineer under these rules or otherwise such as the
Executive Committee consider appropriate;
to store in a
secure place any unused voting papers or voting papers which are returned
undelivered until disposal; and
to respect the duty of confidentiality in respect of the
register.
7.
When the ballot
is of members on the question of industrial action, the terms of the Scrutineer’s appointment shall require the Scrutineer to:
take such steps
as appear to him to be appropriate for the purpose of enabling him to make a
report under these rules; and
make that report to the
8.
The Executive
shall ensure that nothing in the terms of the appointment of the Scrutineer is such as to make it reasonable for any person
to call into question the Scrutineer’s independence
in relation to the
9.
9.1 All other rules
notwithstanding the Executive shall ensure that there is no interference with
the Scrutineer’s carrying out of the Scrutineer’s functions under these rules such as would make
it reasonable for any person to call into question the Scrutineer’s
independence in relation to the
9.2
The Scrutineer shall take such steps as appear to the Scrutineer to be appropriate for the purpose of enabling
the Scrutineer to make the report referred to in rule
46 below.
9.3
The Executive
shall ensure that all reasonable requests made to the
10.
10.1 The
10.1.1
the Scrutineer; or
10.2.2
another person who is not the Scrutineer.
10.2
As with the Scrutineer
the
10.2.1
the independent person will carry out any functions
conferred on such person in relation to the ballot might reasonably be called
into question.
11.
The terms of
appointment of an independent person to carry out his function shall:
require such
person to carry out the functions of the independent person so as to minimise
risk of any contravention of requirements imposed by or under any enactment of
these Rules or the occurrence of any unfairness or malpractice; and
impose the duty of confidentiality in respect of the
register for the terms of appointment.
12.
Where the person
appointed to undertake the counting of the votes is not a Scrutineer,
the appointment of such a person shall require him to send the voting papers
back to the Scrutineer as soon as is reasonably
practicable once the counting has been completed.
13.
The independent
person shall be responsible for the safe custody of:
voting papers and
envelopes prior to their sending out to members and for any voting papers and
envelopes until their handing over to the Scrutineer
(if appropriate); and
voting papers at all other times when in the independent
person’s possession, and shall ensure that voting papers and return envelopes
in the independent person’s possession are kept in a secure place.
Production of voting papers and return
envelopes
14.
The Scrutineer shall supervise the production in accordance
with rules 15-18 below of all voting papers for the holding of the ballot.
15.
A number of
voting papers shall be printed and a number of return envelopes shall be
produced sufficient for the holding of the ballot in accordance with these
rules. Every paper so printed must
conform with the requirements of rules 16-19 below and
every return envelope so produced must conform with the requirements of rules
16 and 19 below.
16.
Save as provided
in these rules nothing shall be written or printed and no mark shall be made on
any part of the voting paper or return envelope before they are sent to members
under rule 28 below.
17.
Every voting paper
shall include the question(s) to be answered by the members entitled to vote.
18.
Every voting
paper shall state the name of the Scrutineer and:
clearly specify
the address to which and date by which it is to be returned;
be stamped with
the stamp or seal of the
be given one of a
series of consecutive whole numbers every one of which is used in giving a
different number in that series to each voting paper printed or otherwise
produced for the purposes of the ballot; and
be marked with its number.
19.
Every return
envelope shall be capable of being sealed and on it shall be printed or written
‘voting paper’. The envelope shall be
addressed to the Scrutineer and shall bear a postage
stamp or other stamp or mark showing that the envelope may be returned to the Scrutineer by post without direct cost to the voter.
Conduct
of the Ballot
20.
No member shall
be entitled to more than one vote except, in a ballot for the election of
members of the Executive a member shall be given such number of votes as the
number of representatives of that member’s constituency to be elected.
21.
The Ballot shall
be conducted so as to secure that so far as is reasonably practicable those voting
do so in secret.
22.
So far as is
reasonably practicable every member who is entitled to vote in the ballot shall
in accordance with these rules be sent to their proper address:
a voting paper;
as envelope
addressed to the Scrutineer duly stamped and prepared
in accordance with rule 19 above; and
in the election for a member of the Executive, an
election address of each candidate copied in accordance with rule 51 below.
23.
Every member who
is entitled to vote in the ballot shall:
be allowed to
vote without interference from or constraint imposed by the
so far as is reasonably practicable be enabled to do so
without incurring any direct cost to the member.
24.
The Executive
shall determine:
the date by which
voting papers shall be sent to members which date shall not be less than 3
weeks before the date on which the counting of the votes is due to commence;
the last date for
receipt of completed voting papers; and
the date on which the counting of votes is to commence.
25.
The Executive
shall secure that notice is published in such manner, whether in the
the nature of the
ballot;
the date by which
voting papers will be sent to members as determined under rule 24.1 above; and
the date before which the returned voting papers must
reach the Scrutineer under rule 24.2 above.
26.
The Scrutineer and in the case of a ballot on the question of
industrial action, the General Secretary shall supervise the distribution
of all voting papers in accordance with
rule 28-34 below.
27.
No voting paper
shall be used for voting unless it is stamped or marked in the manner required
by rule 18.2 above.
28.
Every member who
is entitled to vote in the ballot shall have sent to him at his proper address
by post and, unless rule 34 below applies, by the date determined under rule
24.1 above:
a voting paper;
and
a return envelope.
29.
Save as provided
in these rules nothing shall accompany a voting paper when it is sent to a
member under rule 28 above.
30.
Where in
particular circumstances relating to any member it is not or it is no longer
reasonably practicable for him to be sent a voting paper and returned envelope
by the date determined under rule 24.1 above a voting paper and return envelope
shall be sent to him under rule 34 as soon as is reasonably practicable after
that date so as to give him a convenient opportunity to vote by post.
31.
The name of each
member to whom a voting paper is sent shall be checked off or recorded in a
list or other record of members but the checking off or recording shall not be
carried out in a manner that would make it reasonable for any person to call
into question the secrecy of the ballot.
The list or record shall be kept available:
until the end of
the period of 1 year beginning with the announcement by the
where within that year any application is made under the
Trade Union and Labour Relations (N.I.) Order 1995 with respect to the ballot
for the period after the end of that year until the Certification Officer or
the Court authorise the disposal of the ballot papers.
32.
Every member who
wishes to vote must return his voting paper by post duly marked and in the
return envelope provided to arrive at the address of the Scrutineer
on/or before the date determined under the rule 24.2 above.
33.
Nothing shall be
written or printed and no mark shall be made on any part of the voting paper or
of the return envelope by or on behalf of the member voting save as to record
his vote in the manner described on the voting paper and nothing shall be
inserted in the return envelope by or on behalf of the member save the voting
paper. Contravention of this rule shall
render the voting paper invalid and the vote shall not be counted.
34.
34.1
If at any time after the date determined under rule 24.1 above and
before the date determined under rule 24.2 above it appears to the Executive
Committee that circumstances beyond the control of the Union would if the date determined
under rule 24.2 were adhered to be likely to result in a substantial number of
members of the Union being unable to return their voting papers by that date
the Executive Committee of the Union may subject to rules 34.2 and 34.3 below
substitute a later date for the date determined under rule 24.2 and 24.3 as the
dates for the receipt of completed voting papers and on which the counting of
the votes is to commence.
34.2
The later date
mentioned in rule 34.1 above shall not be later than one month after the date
originally determined under rule 24.2.
34.3
If the Executive
exercise its powers under rule 34.1 above it shall immediately secure so far as
reasonably practicable that the later date is brought to the notice of all
members who are entitled to vote and shall notify the Scrutineer
and in the case of a ballot on the question of industrial action, the General
Secretary, of the substitution, of their reason for making it and of the action
taken by them to bring it to the notice of the members in pursuance of this
rule.
35.
The Scrutineer shall store in a secure place any voting papers
returned to the Scrutineer undelivered and shall keep
a record of any voting papers so returned.
36.
The Scrutineer shall be responsible for the safe custody and
security of all returned envelopes and voting papers during the period of the
ballot and during any period provided for in these rules when voting papers are
required to be retained by the Scrutineer and shall
at all times take all reasonable steps to secure their safe custody so as to
minimise the risk of any contravention of the requirements imposed by or under
any enactment of these rules or the occurrence of any unfairness or
malpractice.
Counting
the votes
37.
The ballot shall
be conducted so as to secure that the votes are fairly and accurately counted
by the independent person. Any
inaccuracy in counting is to be disregarded for the purpose of this rule if it
is accidental or on a scale which could not affect the result of the ballot.
38.
At the date
appointed for the commencement of the counting of votes and before the counting
begins the independent person (where the Scrutineer
is not acting as the independent person) shall hand over to the Scrutineer any remaining stock of voting papers not
distributed to members.
39.
The Scrutineer shall before counting begins:
place the unused
voting papers in a secure place; and
keep a record of the number of voting papers so stored and
a record of any voting papers issued under rule 30.
40.
At the time
appointed for the commencement of the counting (where the Scrutineer
is not the independent person), the Scrutineer shall
hand over to the independent person the return envelope received in respect of
the ballot (and subsequently any others arriving after that date but before the
closure of the ballot where the date appointed for the commencement of the
counting is before the day appointed as the last date for receipt by the Scrutineer of voting papers).
41.
No person may be
present at the count other than:
the Scrutineer
the independent
person; and
those acting under the supervision of the independent
person.
42.
At the date
appointed for the commencement of the counting of the votes, the independent
person shall undertake the opening of the return envelopes received by the Scrutineer and the counting of votes.
43.
The independent
person or if more than one of them the majority of them shall decide whether
any voting papers shall be rejected as being invalid and shall mark each such
voting paper ‘rejected’.
44.
Those voting
papers which are not rejected shall be counted.
45.
After the count
the Scrutineer shall take and retain custody of all
of the voting papers returned for the purpose of the ballot for the period
specified before disposal.
The
Scrutineer’s report
46.
As soon as
reasonably practicable after the last date for the return of voting papers the Scrutineer shall make a report to the union in accordance
with rule 47 below.
47.
The report
referred to in rule 46 above shall
state:
the number of voting
papers distributed for the purposes of the ballot;
the number of
voting papers returned to the Scrutineer;
the number of
valid votes cast in the ballot for and the number cast against the resolution
and, in the case of an election for members of the Executive, for each
candidate;
the number of
spoiled or otherwise invalid voting papers returned;
the name of the
person (or each of the persons) appointed as the independent person or persons;
whether the Scrutineer is satisfied as to each of the following
matters;
that there are no
reasonable grounds for believing that there was any contravention of a
requirement imposed by or under any enactment in relation to the ballot;
that the
arrangements made (whether by him or another person) with respect to the
production, storage, distribution, return or other handling of the voting
papers used in the ballot and the arrangements for counting the votes included
all such security arrangements as are reasonably practicable for the purpose of
minimising the risk that any interference or malpractice might occur; and
that the Scrutineer has been
able to carry out his functions without any interference.
if he is not
satisfied as to any of the matters in rule 47.6 above the particulars of his
reasons for not being satified as to that matter;
whether he has inspected that register of names and addresses
of members of the union or has examined a copy of the register supplied to him
under these rules.
48.
If the Scrutineer has inspected the register under rule 6.3 above
the report shall state whether:
in the case of
each inspection or examination the Scrutineer was
acting on the request of a member of the union or at the Scrutineer’s
own instance and say whether the Scrutineer declined
to act on any such request; and
any inspection of the register or any examination or copy
of the register reveals any matters which the Scrutineer
considers should be drawn to the attention of the union in order to assist in
securing that the register is accurate and up to date, but shall not state the
name of any member who has requested this inspection or examination.
49.
The result of the
ballot shall not be published until the
Final
matters
50.
50.1 Within the 3 months after the
50.1.1
send a copy of
the report to every member to whom it is reasonably practicable to send such a
copy; or
50.1.2
take all such
steps for notifying the contents of the report to the members (whether by
publishing the report or otherwise) as it is the practice of the union to take
when matters of general interest to all its members need to be brought to their
attention.
50.2
The Executive
shall:
50.2.1
ensure that any
copies sent or notification given under rule 50.1 above is accompanied by a statement
that the union will on request supply any member with a copy of the report
either free of charge or on payment of such reasonable charge as may be
specified in the notification; and
50.2.2
so supply any member who makes a request of the union to
be supplied and pay such fee (if any) as has been notified to him.
Election
addresses
51.
51.1 Every
candidate in the election shall have the opportunity to prepare an election
address in his own words which shall be sent by post together with the voting
paper to the members voting in the election provided that:
51.1.1 the election address has been submitted before a date
determined by the Executive being no earlier than the latest time at which a
person may become a candidate in the election; and
51.1.2 the election address shall not exceed 200 words.
The
election address submitted may incorporate one passport approved black and
white photograph taken within the 12 months preceding the nomination.
51.2
The executive
shall cause to be made copies of the election address(es) to be sent to each member in accordance with Rule 51.1
above and the union shall bear any costs of producing such copies.
51.3
The Executive
shall secure that no modification of the election address so submitted and any
copy of the address to be distributed is made by any person except subject to
Rules 51.4 and 51.5 below at the request or with the consent of the candidate
or where modification is necessarily incidental to the method adopted for
producing that copy.
51.4
The Union shall
secure that the same methods for producing copies is applied in the same way to
every election address so submitted and so far as reasonably practicable that
no such facility or information as will enable the candidate to gain any
benefit from:
51.4.1 the method by which copies of election addresses are
produced;
or
51.4.2 the modifications which are necessarily incidental to
that are provided to any candidate without being provided equally to the
other(s).
51.5
The Executive
will so far as reasonably practicable secure that the same facilities and
restrictions with respect to the preparation and submission or modification of
an election address and with respect to the incorporation in any such address
of photograph are applied equally to each of the candidates.
52.
52.1 In the case of a ballot for industrial
action, the Executive shall appoint 3 persons who are not members of the
Executive to be counting officers and at the date and time appointed for the
counting of the votes the counting officers shall supervise the destruction of
any remaining stock of voting papers not distributed to members (except that no
more than 20 may be retained as specimen copies). The counting officer shall supervise the
opening of return envelopes and the counting of the votes. No person shall be present at the count other
than the counting officers, those acting under their supervision, the Scrutineer, the General Secretary of the Union and as many
members of the Executive as desire to attend.
52.2
Counting officers
or a majority of them shall decide whether any voting paper shall be rejected
as being invalid under rule 43 above and shall immediately separate any voting
papers so rejected and marked ‘rejected’.
52.3
Those voting
papers not rejected by the counting officer shall then be counted and the total
number of votes cast for the resolution and those cast against the resolution
shall be recorded on the return form.
Each page of the return form shall then be signed by the counting
officers.
ANNEX B
TO
RULES AND CONSTITUTION
OF THE
ULSTER TEACHERS’ UNION
DISCIPLINARY CODE
1.
Definitions
In
these disciplinary rules:
‘the
‘the Appeal Sub
Committee’ means the appeal committee appointed from time to time by the
Executive comprising 5 persons drawn from past members of the Executive (none
of whom shall be serving members of the Executive);
‘the Professional
Conduct Sub-Committee’ means the disciplinary committee appointed from time to
time by the Executive comprising 5 members of the Executive;
‘proper address’
means (in relation to any member) the member’s address entered for the time
being in the register of members;
‘the Executive’
means the Executive for the time being of the
‘the General Secretary’ means the General Secretary for the
time being of the
2.
Investigation
by Executive
The Executive may
resolve at any time to investigate the conduct of any member who appears to be
in breach of any rules of the
If the Executive
so resolves the General Secretary shall then carry out a preliminary
investigation and shall immediately notify the member whose conduct is being
investigated of the Executive’s decision and of the reason for that decision
3.
Laying of
charges
At
the conclusion of the investigation the General Secretary will report to a
specially appointed Sub-Committee of 3 members of the Executive (none of whom
shall be members of the Professional Conduct Sub-Committee) who will determine
whether to lay formal charges. If the
Sub-Committee resolves to lay a charge it shall specify the charge in writing
and the grounds for the charge.
4.
Notification
The General
Secretary shall make arrangements for the charges to be read by the Professional
conduct Sub-Committee and shall immediately notify the member in writing of the
charges, the grounds of the charges, the penalties which may be imposed, and
the date when the charges will be heard which will be at least 14 days after
the date of the notice.
The notice under
rule 4.1 above shall be sent to the member at his Proper Address by registered
post.
5.
Hearing
The charges
against the member shall be brought either by the General Secretary or by one
of the members of the Sub-Committee which resolved to bring the charges.
The member shall
have the right to be represented by another member of the
If the member
fails to attend in person, or a member nominated to act as his representative,
the Professional Conduct Sub-Committee may proceed to deal with the matter in
the member’s absence.
6.
Notification
of decision
If the
Professional Conduct Sub-Committee by a majority find
that the member is guilty of one or more charges it may impose one or more of
the penalties provided in Rule 7 below.
The member will
be advised of the decision of the Professional Conduct Sub-Committee as soon
as practicable thereafter by written notice sent to the member’s Proper
Address by registered post and a notice will advise the member of the right of
appeal under rule 8.
7.
Penalties
The Penalties
which may be imposed are as follows:
a reprimand
suspension from
holding any office or any representative position within the
a fine not
exceeding one week’s gross pay; and
expulsion from membership.
No penalty shall
take effect until the end of the period fixed for provided notice of appeal and
the service of a notice of appeal shall act to postpone the penalty until the
notice of appeal is withdrawn or the appeal has been dealt with by the Appeal
Sub-Committee or the Executive as provided for below, whichever shall be the
later.
8.
Appeal to the
Appeal Sub-Committee
There shall be a
right of appeal against a finding of guilty or a penalty imposed from the
decision of the Professional Conduct Sub-Committee to the Appeal Sub-Committee
provided written notice of the appeal is received by the General Secretary within
28 days of the date upon which the Professional Conduct Sub-Committee’s
decision is sent to the member.
The General
Secretary shall notify the member of the date of the hearing before the Appeal
Sub-Committee which will be at least 14 days after the date of the notice.
The appeal to the
Appeal Sub-Committee shall in the event of an appeal against a sentence be by
way of oral submissions by the member.
The member shall
have the right to be represented by another member of the
The Appeal
Sub-Committee may resolve to reject or accept the appeal in whole or in part or
to vary the penalty imposed.
The member will
be advised of the decision of the Appeal Sub-Committee by written notice sent
to his Proper Address by registered post and the notice will advise the member
of the right of appeal under rule 9.
9.
Appeal to the
Executive
There shall be a
right of appeal against the decision of the Appeal Sub-Committee to the
Executive at the next following meeting provided written notice of the appeal
is received by the General Secretary within 28 days of the date upon which the
Appeal Sub-Committee’s decision is sent to the member.
The member shall
have the right to address the Executive in person or through another member of
the
The Executive may
resolve to reject or accept the appeal in whole or in part or to vary the
penalty imposed and the decision of the Executive shall be final.
10.
Expulsion
In
the event that a member fails to pay any fine imposed under rule 7.1.3 above
within 28 days of the penalty taking effect, the member shall be automatically
expelled from membership of the
11.
Copy rules
A
copy of these rules shall be supplied to any member at the same time as the
General Secretary notifies the member concerned that the member’s conduct is
being investigated pursuant to rule 2.2 above.
ANNEX C
TO
RULES AND CONSTITUTION
OF THE
ULSTER TEACHERS’ UNION
STANDING ORDERS FOR MEETINGS OF THE
GENERAL EXECUTIVE
COMMITTEE OF THE ULSTER TEACHERS’ UNION
GENERAL CONDUCT
1
1.1
Meetings of the
CEC shall be held monthly, in accordance with Rules 20-21 inclusive of the
Rules and Constitution of the Ulster Teachers’
See
attached Appendix.
1.2
A Special Meeting
of the CEC shall be held at such other times as the President and the General
Secretary may deem necessary to discuss matters of a protracted or urgent
nature. In matters of an urgent nature,
it shall be appropriate for the meeting to be summoned by telephone.
ORDER OF BUSINESS
2.
2.1 The Order
of Business shall be as drawn up by the General Secretary and printed in the
official notice. The Agenda, Minutes and
other reports to be taken as read at the Meeting shall be circulated eight days
beforehand. If necessary a supplementary
agenda shall be issued as early as possible before the meeting.
2.2
Alternations to
the order of business, emergency items and Members’ Questions may only be
presented to the Meeting by the Chairman, becoming operative with the consent
of the meeting, given without discussion: and must be given to the General
Secretary in writing one day prior to the meeting.
2.3
Any query
regarding the accuracy of the Circulated Minutes shall be addressed to the
General Secretary in writing at least 1 day before the meeting, otherwise no
discussion can be allowed.
2.4
Any Member of the
Executive may request that an item be placed on the Agenda of a Meeting
provided notice in writing is given to the General Secretary 14 days prior to
the Meeting. If the item includes a Notice
of Motion it must be signed by the proposer and seconder. No Notice
of Motion to rescind a Minute of the Executive can be considered until three
months after the decision was taken
QUORUM
3.
Seven members
shall form a quorum.
ATTENDANCE
4.
4.1 The Meeting shall be private; visitors
and/or deputations shall be in attendance only by the permission of the
Chairman, endorsed by the Members.
4.2
The CEC may
co-opt an observer, but shall only speak with the permission of the Chairman,
endorsed by the Memebers.
CHAIR
5.
5.1 For the purpose of these Standing Orders the
President shall be deemed to be the Chairman.
When the Chairman rises to speak all Members shall immediately be
silent.
5.2
The
Vice-President shall preside in the absence of the President and when neither
is present the Ex-President shall preside.
In the event none of these is present the meeting may elect an Acting
Chairman.
5.3
When the Chairman
finds it is necessary to leave the chair temporarily he may call on another
Member to preside using the precedent in 5.2.
5.4
A meeting can be
adjourned by its own resolution only, unless the Chairman adjourns the meeting
for not more than 75 minutes without putting the question.
PROCEDURE
6.
6.1
The business of the Meeting shall be conducted according to the rules of debate.
6.2
All remarks shall
be directed through the Chair.
6.3
Every motion or
report shall be proposed and seconded and shall thereafter be open for
discussion, one speaker against, one speaker for, one speaker against and so on
until such time as the Chairman considers sufficient time has been given.
6.4
Convenors and
Committee Chairmen shall formally propose the adoption of any Report at the
outset, whereupon the report is open to the meeting for discussion,
clarification and amendment.
6.5
Proposers of motions shall be allowed five minutes; seconders three minutes; the first opposing speaker five
minutes; and all other speakers three minutes;
6.6
An additional
maximum of five minutes shall be given to any speaker if proposed, seconded and
endorsed by the meeting.
6.7
The proposer and first opposing speaker shall have the right to
sum up in reverse order before the motion is put to the vote. Neither speaker may
introduce new matter into the discussion when summing up and shall each
limit himself to four minutes.
6.8
Members shall
speak only once to any motion saving the proposer and
first opposing speaker as provided for in 6.7 above.
6.9
Questions of
Order or Explanation may be asked. The
Chairman shall not refuse to consider any point of order. A challenge to the Chairman’s ruling must be
proposed and seconded with the proposer being
permitted to speak thereon and the Chairman given the right of reply, whereupon
the motion is put to the vote and determined by a simple majority.
6.10 When an amendment to an original motion has been moved
and seconded, no further amendment shall be moved until the first amendment has
been disposed of. If an amendment is
carried it becomes the substantive motion and is liable to amendment
itself. If the amendment is rejected, a
further amendment may be moved.
6.11 It shall be open for any Member at the conclusion of
any speech to move, without comment, that the question be now put. The motion, if seconded shall be put forthwith
and, if carried, the motion under discussion shall be put after the mover of
the motion shall have an opportunity of replying.
6.12 When a motion to adjourn the debate is carried the
meeting shall proceed to the next business.
Resumptions of the adjourned debate shall be at such time as the Meeting
may decide.
6.13 It shall be open to any Member at the conclusion of
any speech to move, without comment, that the meeting
proceed to next business. The motion, if
seconded shall be put forthwith and, if carried, the question under discussion
shall be considered dropped.
6.14 All decisions shall be declared by the Chairman and
recorded in the minutes.
6.15 It shall be open to any Member to request that his
dissent be entered in the minutes.
6.16
At all Meetings
of the C.E.C. and its sub-committees, Members shall disclose any pecuniary
interest and/or relevant family relationship as applicable, to the business
about to be discussed.
6.17 The
Chairman shall request a Member to leave the meeting when:
6.17.1 it is felt that Member’s presence may inhibit
discussion of matters pertaining to that Member; or
6.17.2 when a Member discloses a pecuniary interest and/or
relevant family relationship.
A
challenge to the Chairman’s ruling must be proposed and seconded with the proposer being permitted to speak thereon, and the Chairman
given the right of reply, whereupon the motion is put to the vote and
determined by a simple majority.
6.18 A motion to suspend Standing Orders must specify the
purpose and be seconded. It shall be
carried only if supported by at least two-thirds of those present. Once the purpose of the Motion has been
fulfilled the Meeting will revert to Standing Orders. The Chairman shall not refuse to accept a
motion for suspension of Standing Orders but he may postpone it until the
completion of any business under discussion when the Motion is tabled.
6.19 No alteration or addition shall be made to Standing
Orders except by adoption of a Motion of which notice has been given in
accordance with Paragraph 2.4.
VOTING
7.
7.1 All proposals shall be put from the Chair
when the Chairman considers that sufficient time has been given for discussion.
7.2
The decision on a
proposal shall be taken on a show of hands unless a secret ballot is requested
and approved by a majority of the Members; the teller being the Assistant
General Secretary, or another non-voting person appointed by the Chairman,
supervised by two Members.
7.3
The Chairman
shall have a vote, and in the event of a tie, a casting vote.
7.4
A recorded vote
may be proposed and seconded and in the event it receives a majority of votes
each Member’s vote on the matter under discussion shall be recorded in the
minutes.
BREACHES OF ORDER
8.
8.1 The
Chairman shall rule out of order all matters that do not pertain to the
question before the meeting. A challenge
to the Chairman’s ruling must be proposed and seconded with the proposer being permitted to speak thereon, and the Chairman
given the right of reply, whereupon the motion is put to the vote and
determined by a simple majority.
8.2
A Member is
guilty of a breach of order who:
8.2.1
uses
objectionable words and refuses to withdraw them or offer a satisfactory
apology;
8.2.2
uses offensive
words in reference to another Member;
8.2.3
disturbs the
orderly conduct of a meeting; or
8.2.4
disobeys a lawful order from the Chair.
8.3
Any Member who
commits a breach of order may, on being declared by the Chairman to be guilty
of disorderly conduct, be disciplined on resolution of the meeting:
8.3.1
by being ejected
from the meeting; or
8.3.2
by being suspended for a fixed period from attending
meetings or until a satisfactory apology is offered.
Any
challenge to the Chairman’s ruling must be proposed and seconded with the proposer being permitted to speak thereon, and the Chairman
given the right of reply, whereupon the motion is put to the vote and
determined by a simple majority.
TIME
9.
9.1 The
time for Member’s Questions shall not exceed fifteen minutes. The time for other items shall not exceed
forty five minutes each.
9.2
Meetings of the
Central Executive Committee shall end:
9.2.1
when the business
stated on the agenda has been dealt with; or
9.2.2
not later than five hours after its commencement
excluding breaks.
9.3
Times of Members’
arrival and departure shall be noted in the Minutes.
RESPONSIBILITIES OF MEMBERSHIP
10
A Member
appointed to an external body is accountable to the Central Executive
Committee, and is responsible for furnishing Minutes or a written report of the
proceedings to the General Secretary for circulation to Members. Where more than one Member serves on the
external body, it shall be the responsibility of such Members to designate one
of their number to furnish such Minutes or written
reports to the General Secretary for circulation to, and information of,
Members.
NOTE:
All references in this document to the masculine gender include also the
feminine gender.
STANDING
ORDERS FOR MEETINGS OF
THE ANNUAL
CONFERENCE OF THE ULSTER TEACHERS’ UNION
2001 Edition
(These are not an Annex to
the UTU Rules and Constitution – they may be amended by the Executive – See
Rule 61)
1.
The Order of
Business shall be drawn up by the Conference Motions and Agenda Committee and
printed in the Handbook.
2.
Any motions
appearing on the Order Paper shall not be withdrawn, except with the consent of
Conference.
3.
Notwithstanding 1
above, the order of any item on the Agenda may be altered on motion. It shall also be open to the President to
suggest alterations in the Order of Business as and when she may consider them necessary, and such alternations shall become operative with
the consent of Conference without discussion.
4.
Twenty delegates
shall form a quorum.
5.
When the
President calls Conference to order or rises to speak all Delegates shall
immediately be seated.
6.
The proposer of any motion or amendment shall be allowed not
more than five minutes and each succeeding speaker not more than three
minutes. The first of the Delegates who
intimates in writing to the President at Conference his opposition to any
motion shall be entitled to five minutes as first opposing speaker.
7.
No person shall
address Conference until called upon by the President. When called, a speaker shall proceed to a
microphone and shall speak therefrom after announcing
his name, and the Branch he represents.
When a speaker has been called by the President all other Delegates
shall immediately be seated.
8.
No delegate shall
be permitted to speak more than once on the same proposition. The first opposing speaker and the proposer shall have the right to sum up, but they shall not
be permitted to introduce new matters into the discussion.
9.
At any time
during the discussion of a motion or amendment it shall be open to any Delegate
to move “That the question be now put”, and if it should appear on a show of
hands that a majority of Delegates are in favour of terminating the discussion,
the question shall be put and voted upon, except that no speech shall be
interrupted for the purpose and that the proposer be
not denied the right of reply. The
acceptance of the motion “That the question be now put” shall always be at the
discretion of the President.
10.
Whenever an
amendment is moved to any motion no other amendment shall be accepted until the
first amendment is disposed of.
11.
All amendments
and addenda to any motion shall be submitted in writing on the prescribed
Amendment Slip CONF-01-6 signed by the proposer and seconder to the General Secretary before the end of the
Session previous to that at which it will be tabled for discussion, or as soon
thereafter, as is practicably possible.
12.
All motions shall
be put from the chair when the President considers that sufficient time has
been given for discussion. The decision
on a motion shall be taken by a show of hands.
A demand for a recount may be made by any 10 Delegates standing in their
places. No more than two recounts shall
be allowed. A card vote shall be taken,
if requested, by 10 members standing and raising their voting cards in the air. Any card vote subsequently taken shall be
deemed to be conclusive. The card vote
shall be based on the allocation of votes based on Branch membership as
outlined in CONF-01-5. The President
shall have a vote and, in the event of a tie, a casting vote.
13.
It shall be
competent at the conclusion of any speech for any Delegate to move “That Conference
proceed to the next business”. If
seconded it shall be put forthwith and, if carried, the motion under discussion
shall be considered dropped.
14.
Questions of
Order or Explanation may be asked. The
President shall not refuse to consider any Point of Order, but his decision
thereon shall be final.
15.
It shall be
competent upon any delegate to challenge the President’s ruling. Should this challenge be seconded the
President will vacate the chair in favour of another Officer and the matter
shall then be considered. Only the proposer of the challenge and the President may speak on
the matter which shall then be voted on.
16.
At all
proceedings of Conference members shall disclose any pecuniary interest and/or
relevant family relationships, as applicable, to the business about to be
discussed, and withdraw for the time being, if so requested by the President.
17.
A motion to
suspend Standing Orders must specify the purpose, and must be seconded. It shall be carried only if supported by at
least two-thirds of those present. Once
the purpose of the motion has been fulfilled, the proceedings shall immediately
revert to Standing Orders. The President
shall not refuse to accept a motion for the suspension of Standing Orders, but
he may postpone putting it to the Conference until the completion of any
discussion which is in progress when the motion is tabled.
18.
In these Standing
Orders the title “President” is deemed to apply to that person occupying the
chair at any Session of Conference.
19.
All references to
the masculine gender shall be interpreted as equally applicable to the
feminine.