(NOTE: These Rules are to be interpreted according to the definitions in rules A2 and Q of the National Rules of UNISON hereinafter called the 'Union'.)
1. BRANCH NAME
The Branch shall be called Lancashire UNISON.
2. RELATIONSHIP TO NATIONAL ORGANISATION
a) Branch rules shall be in accordance with the national rules, decisions of the Annual Delegate Conference and the NEC.
b) Any member may have a copy of the current Rule Book.
c) The branch shall make an audited annual return of branch income, expenditure, assets and liabilities as prescribed by the NEC and in accordance with national rules.
3. AIMS OF THE BRANCH
The aims of the branch shall be in accordance with the aims and values of UNISON as set out in the Rule Book.
4. MEMBERSHIP
a) Eligibility for membership shall be in accordance with the Rules of the union.
b) Applications for membership take effect from the date at which completed forms are received by the branch or at regional/national level and the first contribution is made.
c) A meeting of the branch or branch committee may decide not to support a membership application but such a decision must be consistent with the Rules and with Statute. Such a decision must be explained to the individual in writing, together with their rights of appeal.
d) All members must comply with the Rules.
e) The NEC may terminate an individual's membership in accordance with the Rules.
5. ADMINISTRATIVE AND FINANCIAL YEAR
a) The Branch shall keep a bank/building society account in the name of the Branch.
b) The administrative and financial year of the branch shall be the period from 1 January to 31 December inclusive in any calendar year.
6. BRANCH ORGANISATION
a) Every member, excluding employees of the Union, shall be in membership of a branch established under these Rules. Disputes concerning the branch to which it is appropriate for a member to belong will be determined by the National Executive Council.
b) The members in each directorate of the County Council/Organisation shall be entitled to elect Stewards on the basis of one steward for every thirty members or part thereof in the Organisation, subject to the confirmation of their election by the Annual General Meeting of the branch or the Branch Committee. Stewards so elected shall remain in office until the next Annual General Meeting of the Branch.
c) Each directorate/organisation entitled to elect stewards under paragraph 6(b), shall elect them in accordance with proposals relating to that Directorate approved or determined by the Branch Committee. The proposals for a directorate/organisation with a substantial number of members based elsewhere other than at the central office of that directorate/organisation, shall (where practicable) include arrangements to ensure that an appropriate number of their stewards are elected from those members.
d) Nominations under paragraph (b) of this Rule, shall be in writing and shall be made by any two members within the directorate/organisation concerned. Any nomination shall include the consent of the nominee. If the number of candidates nominated do not exceed the number to be appointed Stewards for that directorate/organisation, these will be duly appointed. If the number of candidates exceeds the number to be appointed, the Branch Secretary shall arrange for a ballot to be taken to determine the successful candidates and shall notify all nominees of the result of the ballot. In the event of any directorate/Organisation failing to make any such appointment, Stewards may be appointed at the Annual General Meeting of the branch. Any vacancy in the Directorate representation arising during the year shall be filled from the directorate/organisation where the vacancy occurs, or in default by the Branch Committee.
7. THE BRANCH COMMITTEE
a) The Branch shall, at each Annual General Meeting, establish a Branch Committee. The Branch Committee will establish arrangements for representation of members and any difficulties will be referred to the regional organiser in the first instance.
The Branch Committee will consist of:
(i) the Branch Officers as set out in Rule 9;
(ii) where appropriate, taking into account the Code of Good Branch Practice, one or more Stewards for each employing 'Directorate'/Organisation as the Branch Meeting may approve, considering the size of the membership within the directorate/organisation;
(iii) such representatives of self-organised groups within the Branch as the Branch may determine, except that such representatives shall not represent more than one body capable of electing members to the Branch Committee;
(iv) the retiring Branch Chairperson, the retiring Branch Secretary and the retiring Branch Treasurer shall be ex-officio members of the Branch Committee for one year (provided that they are still employed in accordance with National Rule C1);
(v) any member of the Branch elected to the National Executive Council;
(vi) the Secretary and Welfare Secretary of the Retired Members Section plus two other members nominated by that section.
b) The Branch Committee shall administer branch business in accordance with the Branch Rules and any guidelines issued by the National Executive Council and, in particular, shall:
(i) establish such Committees (including directorate committees) as may be considered necessary for the effective administration of Branch business;
(ii) receive reports from it's Committees and from the Branch Officers;
(iii) establish effective representation of members' interests by stewards in each directorate/organisation;
(iv) co-ordinate local negotiations conducted by stewards in the Branch;
(v) maintain a record of membership showing the work group in which each member is employed;
(vi) approve the arrangements of 'constituencies' in each directorate/organisation for the appointment of stewards and the constitution of directorate committees;
(vii) ensure the Branch Officers are properly exercising their functions;
(viii) fill casual vacancies not otherwise provided for by these rules;
(ix) appoint representatives to the National Delegate Conference, Service Group Meetings, the Regional Council and relevant Sector Group meetings;
c) The Branch Committee shall meet as necessary, but not less than four times in any one calendar year.
d) Meetings of the Branch Committee shall be convened by the Branch Secretary or in her/his absence by the Branch Chairperson.?
e) The Branch Committee may co-opt additional members for special purposes, but such members shall not thereby have the right to vote at meetings of the Branch Committee or it's Committees.
f) The Quorum of the Branch Committee should be 45 members. The quorum of the Branch Sub-Committees shall be 20% of the members of the Sub-Committee.
g) At least seven days notice shall normally be given of all meetings of the Branch Committee/Sub-Committee and providing that a meeting may in case of emergency be called at shorter notice.
8. BRANCH MEETINGS
a) All meetings will be conducted in a fair and democratic manner.
b) All meetings should be advertised widely as far in advance as possible.
c) The procedure to be used at the meeting should be explained clearly.
d) All members of the Branch shall be entitled to attend General Meetings of the branch and to vote at such meetings.
e) All members shall be entitled to attend meetings of the Branch Committee/Sub-Committees as observers (except Welfare and APF Sub-Committees).
f) Meetings of the membership shall be held at least once annually and special meetings shall be held when called in accordance with the provisions of paragraphs J or K below to discuss any matter concerning the Branch.
g) The purpose of General Meetings of the Branch shall be to:
(i) provide a means of communication between the Branch Officers and the membership;
(ii) enable the membership to take decisions on branch policy;
(iii) ensure that the Branch Officers are accountable to the membership for conducting the affairs of the branch.
h) At the Annual General Meeting(s) of the Branch, the following business shall be transacted:
(i) the receiving of reports from the Branch Officers and the Branch Committee, including a report on the Branch's finances and the presentation of the Branch accounts;
(ii) the election or confirmation of Branch Officers for the coming year;
(iii) the election or confirmation of Shop Stewards to Directorate Committees;
(iv) such other business as may be required by the Branch Rules;
(v) to consider any appropriate matter referred to it by the Branch Committee or the Branch Officers.
i) Meetings of the Branch shall be convened by the Branch Secretary or in her/his absence by the Branch Chairperson.
j) Special meetings may be held when called by the Branch Committee, or by requisition of 75 members. The issues for consideration must be specified when the meeting is called for.
Special meetings are subject to the same procedures as the annual Branch Meeting(s). Members will be informed of the subject(s) for discussion when notified of the meeting arrangements.
k) The quorum for any General Meeting of the Branch shall be one hundred and fifteen members.
9. BRANCH OFFICERS
a) The following officers shall be elected at the Annual General Meeting(s) of the Branch;
BRANCH CHAIR 1
BRANCH SECRETARY 1
BRANCH TREASURER 1
BRANCH VICE CHAIR 1
BRANCH ASSISTANT SECRETARY 1
BRANCH ASSISTANT TREASURER 1
BRANCH EQUALITY OFFICER 1
BRANCH WOMEN’S OFFICER 1
BRANCH HEALTH & SAFETY OFFICER 2
BRANCH WELFARE OFFICER 1
BRANCH ASSISTANT WELFARE OFFICER 1
BRANCH EDUCATION & TRAINING OFFICER 1
BRANCH ASSISTANT EDUCATION & TRAINING OFFICER 1
BRANCH MEMBERSHIP SERVICES OFFICER 1
BRANCH SPORTS OFFICER 1
BRANCH AFFILIATED POLITICAL FUND OFFICER 1
*CONVENORS 4
*The number of convenors will be dependent on whether the Branch Secretary and Assistant Branch Secretary are Lancashire County Council employees.
b) (i) Convenors will be, at the time of nomination, a recognised steward or Branch Officer.
(ii) Nominations for convenors will be invited from those members of Branch Committee, who are LCC employees, confirmed by the AGM.
(iii) In the event of there being more nominations than posts, a postal ballot will be held of all Branch Committee Members.
(iv) The convenors will be confirmed in post at the following Branch Committee meeting.
(v) In the event of the Branch Secretary or Assistant Secretary not being LCC employees, nominations for any vacancies will be sought immediately following the AGM.
(vi) The process in 9b (i) (ii) and (iii) will apply.
(vii) Branch Officers (with the exception of Branch President, Branch Vice President and Convenors) may be nominated by the Branch Committee or any two members, with the exception of the APF officer of the Branch who will be elected by APF members only.
(viii) All nominations must be received in writing at least 28 days before the Annual General Meeting of the Branch.
(ix) Each nominee will be notified not later than 21 days before the Annual General Meeting of the Branch and given the right to withdraw.
(x) If there is more than one candidate for any office a vote will be held.
(xi) In the event of a ballot, official papers will be supplied and those members of the Branch, eligible to vote, shall be entitled to one vote in respect of each post to be filled. Arrangements may be made for a postal ballot if appropriate.
c) Branch Officers appointed in accordance with this Rule shall remain in office until the next Annual General Meeting of the Branch.
d) Should any post listed in paragraph (A) of this Rule become vacant between Annual General Meetings of the Branch, the Branch Committee shall have power to appoint a successor to the post from amongst it's members. Such an appointee shall remain in office until the next Annual General Meeting of the Branch.
e) Each branch office may be shared between two or more members, subject to the approval of the Annual General Meeting of the Branch or the approval of the Branch Committee should the need arise between Annual General Meetings of the Branch.
f) Retired members of the Branch shall be entitled to attend General meetings of the branch and to vote on issues not relating to pay and conditions of service of members in employment. They will be entitled to stand for office and vote only for positions in the Retired Members Organisation unless otherwise determined by the National Executive Council or as otherwise provided for in these Rules.
10. THE BRANCH CHAIRPERSON
The Branch Chairperson shall:
a) preside at all General Meetings of the Branch and the Branch Committee
b) ensure that business is properly conducted.
c) advise the Branch Officers and Branch Committee in respect of matters relating to procedure and interpretation of rules.
In the absence of the Branch Chairperson, the branch Vice-Chairperson shall chair General Meetings of the Branch and meetings of the Branch Committee. In exceptional circumstances, should both those officers be not present at the meeting, the members present shall elect one of their number to chair the meeting providing always that the Branch Secretary has determined that the meeting is quorate.
11. THE BRANCH SECRETARY
The Branch Secretary shall:
a) convene and attend all General Meetings of the branch and the Branch Committee.
b) arrange for the minutes of meetings to be kept in a proper manner.
c) arrange for branch records to be kept in a proper manner.
d) co-operate with the Union's Head Office in keeping accurate and up to date membership records, including details of all members' names, addresses and work groups and in communicating any changes in these matters to the Head Office.
e) be responsible for communicating with members of the Branch.
f) communicate with the Union's Regional and Head Offices on behalf of the Branch.
g) ensure that the Branch is aware of opportunities to participate in the activities of the wider union.
h) support and encourage the stewards of the Branch on an individual and collective basis.
i) ensure that members and stewards are aware, and take advantage of educational and training opportunities within UNISON.
j) ensure that appropriate publicity activities are developed and co-ordinated by the Branch.
k) act as spokesperson for the Branch when in contact with other levels of the Union and external organisations.
l) ensure that members receive the benefits, rights and services to which they are entitled.
m) co-ordinate all Branch negotiations and industrial relations matters.
n) in conjunction with the Branch Committee, ensure that the Branch observes Union Rules.
o) at the end of her/his appointment (and at any time when so required by the General Secretary), deliver to the branch Chairperson or to such person as the General Secretary may appoint, all minute books, records and other property belonging to the Union.
12. BRANCH SECRETARIAT
The Branch Secretary and Assistants will be known as the Secretariat and have corporate responsibility for the day to day operations for the Branch.
13. BRANCH CONVENORS
Branch Convenors will be
a) responsible for Conditions of Service issues for a Directorate, Other Employer or DSO.
b) responsible for communicating with the members of the Directorate, Other Employer or DSO regarding Conditions of Service issues
c) support and encourage Stewards of the Directorate, DSO , Other Employer on an individual and collective basis.
d) co-ordinate all activities with other Officers of the Branch and the Regional Officer.
e) Should act in accordance with National Rules/Codes of Good Branch Practice and any other arrangements agreed by the Branch.
14. ACCOUNTABILITY
a) All Branch Officers and Convenors will meet on a monthly basis.
b) The Secretariat and convenors will meet on a weekly basis.
15. BRANCH TREASURER
The Branch Treasurer shall:
a) conduct the Branch's financial business.
b) keep accounts in accordance with the rules.
c) provide reports on the financial position of the Branch to the Branch Committee.
d) provide a detailed financial report for the Annual Branch Meeting(s).
e) advise the Branch Officers and Branch Committee in respect of matters relating to financial management and appropriate income and expenditure.
f) provide an audited annual return of Branch income and expenditure.
g) at the end of her/his appointment (and at any time when so required by the
General Secretary) deliver to the Branch Chairperson or such person as the General
Secretary may appoint, all accounts, financial records and money belonging to
the Union.
16. OTHER OFFICERS
a) Other officers appointed by the Branch, should act in accordance with National Rules/Code of Good Branch Practice and any other arrangements agreed by the Branch.
17. STEWARDS
a) Stewards are to be appointed in accordance with Branch Rules.
b) Role of Steward shall be in accordance with the National Rules and the Code of Good Branch Practice.
18. BRANCH AUDITORS' DUTIES
The Branch Auditors shall:
a) be appointed at the Annual General Meeting of the Branch.
b) act in accordance with general principles issued by the National Executive Council for the guidance of Branch Auditors in regard to the conduct of an efficient Branch audit.
19. VISITS BY EMPLOYED OFFICIALS TO BRANCHES
a) An employed official of the Union may visit the Branch at the request of either the Branch or the official, provided that no such visit will be made without the agreement of the Branch Committee or Branch Officers.
b) The National Executive Council or the General Secretary or other official acting with the authority of the National Executive Council is entitled to request an employed official to visit the Branch where it is necessary to further the interests and policies of the Union.
c) An employed official is also entitled to visit the Branch:
(i) for the purpose of financial checks and inspection;
(ii) in the event of industrial action.
(iii) where it appears to the General Secretary or the Regional Secretary that a branch may no longer be functioning effectively.
20. EXPENSES OF STEWARDS AND REPRESENTATIVESThere shall be paid out of the funds of the Branch, the travelling and other expenses properly incurred by stewards and representatives in carrying out their duties on behalf of the Branch and it's members. Expenses for members attending meetings on behalf of the Branch shall be agreed by the AGM or branch committee.
21. HONORARIA PAYMENTS
In recognition of the additional duties and responsibilities of Branch Officers, there shall be paid to them out of Branch funds honoraria at such rates as agreed by the AGM at the beginning of the year. In addition, honoraria payments for undertaking certain specific tasks on behalf of the Branch can be paid to members at such rates as agreed by the Branch Committee.
No office holder shall receive an accumulation of honoraria exceeding the maximum payable to any one officer in any one year based on the 100% payable to the Branch Treasurer or Branch Secretary.
22. DONATIONS
All donations shall be approved by the Branch Committee in accordance with the union's policies and objectives subject to provisions of national rules.
23. AFFILIATIONS
a) Affiliations to relevant constituency Labour Parties will be decided by the APF membership.
b) Affiliations to trade councils and other organisations shall be determined by the Branch Committee.
24. COMMITTEES OF THE BRANCH
a) The constitution and terms of reference of any Committees of the Branch shall be determined by the Branch Committee.
b) The Branch Committee shall include within the membership of it's Committees, with the exception of the Welfare Committee and the APF Committee representatives from each directorate/large organisation.
c) There shall be a single Service Conditions Committee to represent the interests of all members. This Committee shall nominate from amongst its members, representatives to the Staff Side of the Consultative Committee, subject to ratification by the Branch Committee.
25. PRESS COMMUNICATIONS
Communications to the Press on behalf of the Branch shall be made only by those officers duly authorised by the Branch Committee.
26. ALTERATION OF RULES
a) Branch rules shall not be altered or rescinded, except with the consent of at least two thirds of the members present and voting at a quorate General Meeting(s) of the Branch, provided that the notice convening such a meeting shall set forth the terms of the proposed alteration.
b) Branch rules must be approved in accordance with UNISON's procedures.
c) Any changes to Branch rules must be agreed and approved in the same way.