5 Ratification of agreements, validation and amendment of rules
5.1  Any draft agreements with the employer must be ratified in accordance with regional or national ratification procedures where these exist before being put to a general meeting and/or a branch ballot for approval and before the employer is notified of the union’s acceptance.

5.2  No act done in good faith under these rules by the committee, an officer or any other person or body will be invalidated only by reason of the subsequent discovery of a defect in, or the expiry of, their appointment.

5.3  No rule or rules of the Branch will at any time be in conflict with a rule or rules of the UCU currently in force.  Changes in the rules of the UCU will, where applicable, automatically constitute changes in these rules of the Branch.

5.4  These rules of the Branch may be amended by resolution of any quorate general meeting of the Branch.

5.5  Proposed amendments to these rules must be handed in writing to the secretary by the end of the day that is fourteen days before the day of the general meeting at which they are to be considered.  The secretary will take all reasonable steps to ensure that these proposed amendments are received by members not later than the day that is ten days before the day on which the meeting is to be held at which they are to be considered.  Amendments to these rules require the support of at least two-thirds of the members present and voting at the general meeting at which they are considered, an abstention not being regarded as a vote for this purpose.

5.6  Alternatively these rules of the Branch may be amended by membership ballot and, in that case, the support of at least two-thirds of those members casting a valid vote in that ballot would be required.  Either the Executive Committee or a quorate general meeting may decide to hold such a membership ballot

5.7  All rules of the Branch and amendments to these rules will be subject to approval by the National Executive Committee of the UCU before they can be considered to be in operation.

Date these local rules approved:   October 2017.

 

Appendices: 1, 2, 3, 4 and 6 are UCU national documents and cannot be amended.

 

Appendix 1 – UCU national rule 2

2.    Aims and objects
2.1  To protect and promote the professional interests of members individually and collectively, to regulate the conditions of their employment and the relations between them and their employers, and to safeguard their interests;
2.2  To promote Adult, Further and Higher Education and research;
2.3  To provide and maintain such services to members as may be approved by National Congress or the National Executive Committee from time to time;
2.4  To promote equality for all including through: 
i.  collective bargaining, publicity material and campaigning, representation, Union  organisation and structures, education and training, organising and recruitment, the  provision of all other services and benefits  and all other activities; 
ii.  the Union's own employment practices; 
2.5  To oppose actively all forms of harassment, prejudice and unfair discrimination whether on the grounds of sex, race, ethnic or national origin, religion, colour, class, caring responsibilities, marital status, sexuality, disability, age, or other status or personal characteristic;
2.6  To pursue political objects including those under the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 as set out in these Rules;
2.7  To affiliate to the Trades Union Congress and to cooperate, where appropriate, with it or any of its affiliated unions;
2.8  To affiliate to, cooperate with, make donations to or otherwise expend money on or in support of such other trade union or labour organisations, organisations for the advancement of education or other organisations in the UK or abroad which in the opinion of the National Executive Committee or Congress have the same or similar aims, objects or policies as the union.
2.9  To pursue by appropriate means approved by the National Executive Committee or Congress lawful acts of solidarity with other trade union or labour organisations, organisations for the advancement of education or other organisations in the UK or abroad which in the opinion of the National Executive Committee or Congress have the same or similar aims, objects or policies as the union.
2.10  Notwithstanding any other provision of these Rules no part of any fund of the union, or of any branch/local association, shall be used for, or with a view to, affiliation to any political party.
2.11  To do all such other things as may in the opinion of the National Executive Committee  or Congress be incidental or conducive to the attainment of these objects.

 

Appendix 2 – use of branch funds for political objects

UCU has a political fund voted for by members every ten years.  By law expenditure by the union on what are called ‘political objects’ can only be made through this political fund.  Political objects – in the words of the Department for Business, Innovation and Skills – “cover what can broadly be described as electoral or other party political activities.”

Branches and local associations are therefore NOT permitted to make expenditure on the following:
•    on any contribution to the funds of, or on the payment of any expenses incurred directly or indirectly by, a political party; 
•    on the provision of any service or property for use by or on behalf of any political party; 
•    in connection with the registration of electors, the candidature of any person, the selection of any candidate or the holding of any ballot by a union in connection with any election to a political office (that is the office of Member of Parliament, Member of the Scottish Parliament, Member of the Welsh Assembly, Member of the European Parliament, or member of a local authority, or any position within a political party); 
•    on the maintenance of any holder of a political office (as defined above); 
•    on the holding of any conference or meeting by or on behalf of a political party or of any other meeting the main purpose of which is the transaction of business in connection with a political party (including any expenditure incurred in connection with the attendance of delegates or other participants); or 
•    on the production, publication or distribution of any literature, document, film, sound recording or advertisement the main purpose of which is to persuade people to vote or not to vote for a political party or candidate. 
Branches and local associations should consult UCU Head Office for further information.

Appendix 3 – UCU national rule 12

12.  Organisation of members
12.1  Every member shall be assigned by the General Secretary to a branch/local association or, as appropriate, to a central group, where possible on the basis of principal current qualifying employment, but otherwise on the basis of Standing Orders or individual decisions of the National Executive Committee that take account of the Sector and location of the actual employment (if any) and/or past or prospective employment of the member in question.
12.2  Members working in more than one institution may belong to and attend meetings of more than one branch/local association and vote on matters concerned with their employment but shall be entitled to stand for office and vote in national elections only in their designated branch/local association/central group.
12.2.1  Members belonging to an agency workers branch set up under rule 12.5.1 may belong to and attend meetings of more than one branch/local association and vote on matters concerned with their employment but shall be entitled to stand for office and vote in national elections only in their designated branch/local association/central group.
12.3  Members who have left qualifying employment before retirement and who remain in membership shall belong to a central group, unless the member chooses to belong to their former branch/local association instead.
12.4  Members who are retired shall belong to a regional retired members’ branch or to a branch/local association local to them, unless the member chooses to belong to their former branch/local association instead.  On retirement all members will be contacted by HQ to ascertain their chosen branch/local association.
12.5  Retired members assigned to a retired members’ branch may attend meetings of their former local association/branch, and retired members assigned to a workplace local association/branch may attend meetings of a regional retired members’ branch, but in either case they may hold office and vote in national elections only in their assigned branch/local association.
12.6  The National Executive Committee may establish a branch/local association at its own volition or in response to a written request to the General Secretary by not less than 20 members working for the same employer.  Retired members’ branches shall be established to reflect the regional committee structure, and organisation in Scotland, Wales and Northern Ireland, that is current within the union. Branches/local associations shall adopt their own Rules which shall be consistent with the Rules of the Union and with any guidance issued by the National Executive Committee. 
12.6.1  The National Executive Committee may establish a branch/local association at its own volition or in response to a written request to the General Secretary by not less than 20 members working through an agency contract.  Members in such a branch may designate the agency workers branch as their designated branch or may choose a branch of one of the institutions in which they work as their designated branch.
12.6.2  Branches and local associations shall have the right and responsibility: 
i. to submit motions and amendments to Annual Congress and the appropriate Sector Conference, in line with rules 16.6.1-16.6.3;
ii. to elect delegates to Annual Congress and the appropriate Sector Conference, in line with Rule 17.2;
iii. to make representation on any matter of UCU business to the NEC or the appropriate Sector Committee and to receive a timely reply;
iv. to elect representatives, and submit motions, to the UCU Regional Committee, to UCU Scotland or to the Wales or Northern Ireland Councils of UCU, as appropriate;
v. to affiliate to local trade union councils within the area where the members of the branch/local association live or work.
12.7  National Congress shall, from time to time, by resolution, determine Sectors, which shall include Further Education and Higher Education Sectors.  Each branch/local association (and thereby its members) shall be assigned to one of the Sectors of the Association by the National Executive Committee according to criteria determined by National Congress, except for retired members’ branches, which are not sectoral.
12.8     In these Rules, the terms “branch” or “local association” carry equal weight and any branch or local association may opt to use the title of their choice on notification to the General Secretary in writing.
12.9     The National Executive Committee may make provision by Standing Order for liaison between branches/local associations in the same institution.  

 

Appendix 4 – appropriate spending by branches and local associations

The local rules state that “expenditure by the Branch/LA can only be made in furtherance of the objects of the Branch/LA as set out in Model Local Rule 1.”
Local rule 1 states that the “objects of the Branch/LA are as set out in National Rule 2 excluding clause 2.6 which relates to the political objects of UCU.  No funds of the Branch/LA will be used for affiliation to a political party, or for the furtherance of the union’s political objects.”
National rule 2 is reprinted in full as Appendix 1. 
With these caveats, it is for members to determine what appropriate expenditure by their branch and local association is.  However, it is helpful to consider types of spending which are appropriate under the local rules.  For example: 
•    Spending on such areas as meeting room hire, refreshments, internal elections, authorised expenses of elected officers or others would ordinarily be considered to be appropriate
•    Spending on affiliations would ordinarily be considered appropriate subject to two caveats – first that such spending is not on ‘political objects’ (see Appendix 4), and second that such spending is consistent with the aims and objectives of national UCU (see Appendix 1).

This means, for example, that a branch could not use funds to hold a rally encouraging support or non-support for a candidate for political office or a political party.

It also means, for example, that a branch affiliation to the local League for the Protection for Cats is unlikely to fall within the union’s aims and objects, whereas an affiliation to a local education campaign would do so.

Within these parameters it is for quorate branch and local associations or for the elected Committee where delegated to make decisions on what available money should be spent on.  In all cases branch and local association officers should keep transparent records of expenditure and be prepared to account for such spending to members.

 

Appendix 5 – description of officer and faculty/department representative roles:

All Branch Officers shall have a general duty to attend Branch Executive Committee and Branch Committee meetings and to take responsibility for some individual case work.  They should be available to attend meetings with devolved management in their own faculty. In accordance with normal practice, the Chair, Secretary and Vice-Chairs shall consult (including with other Executive Committee members) in order to take any action on behalf of the Branch which is both urgent and necessary.  Such action must be reported for approval to the next Executive Committee/Branch meeting, whichever is earliest.

Chair
The chair will chair all general meetings and all committee meetings of the Branch and perform such other duties as are laid upon the chair by any rule or are decided by the committee.  In the absence of the chair these duties will be performed by one of the vice-chairs, failing which another officer as the committee decides.  The Chair shall preside at all Executive Committee, Branch Committee and Branch meetings, shall play a lead role in negotiation and consultation with the University Management, and shall have the responsibility to report on such discussions to Executive Committee, Committee and Branch Meetings.

Vice-chair
The duties of the Vice-chairs are to deputise for the Chair as necessary, to represent the Branch in negotiation and consultation with the University Management; and to perform such other duties as are decided by the Executive Committee.  In the absence of both Vice-chairs, their duties shall be performed by other officers as the Executive Committee decides.

Secretary
The duties of the Secretary are to call Executive Committee, Branch Committee and Branch meetings; to draw up, in consultation with the Chair and Vice-chairs, the agenda for such meetings; to ensure that minutes of those meetings are kept; to organise membership circulations as the Executive Committee, Branch Committee or Branch deems necessary; to arrange notification of local election and ballot results to all members; to represent the Branch in negotiations with the University Management; and to perform such other duties as are laid on the Secretary by any rule or are decided by the Executive Committee.  In the absence of the Secretary, the Secretary's duties shall be performed by another officer as the Executive Committee decides.

Treasurer
The Treasurer will have custody of the funds of the Branch and authority to make payments from them in accordance with the rules as the need arises.  The Treasurer's duties will be to keep the books of the Branch; to present the accounts of the Branch for auditing as necessary; to present these audited accounts to a general meeting of the Branch, to publish them to all members of the Branch, and to submit a copy forthwith to the honorary treasurer of UCU.  In the absence of the Treasurer, the treasurer's duties will be performed by another officer as the committee decides.  

Equality Officer
The Equality Officer will:
i.  have knowledge of and commitment to relevant issues, and be willing to undertake training according to the needs of UCU, monitor the implementation of equality policies within the institution, and, where appropriate, encourage and support local negotiations on equality matters;
ii.  monitor the volume and nature of personal casework which involves equality issues to ensure that the Branch has appropriate mechanisms in place for handling such cases;
iii.  where appropriate, provide information, encouragement and support to members about equality issues;
iv.  ensure that UCU’s national annual meetings, and any other relevant events and opportunities for women, black members, lesbian, gay, bisexual and transgender members and disabled members are publicised locally, that members from all groups are encouraged to participate, and that the Branch maximises the opportunities for recruitment and organisation amongst all groups;
v.  where appropriate, provide liaison between the Branch/LA and UCU’s equality structures.
In the absence of the Equality Officer, these duties will be performed by another officer or officers as the committee decides.

Health and Safety Officers
The Health & Safety Officers shall: 
a) represent members in discussions with the University management on health, safety or welfare issues and in discussions with HSE or other enforcing authorities; 
b) ensure that they are consulted ‘in good time’ over a large range of health and safety issues; 
c) be involved with risk assessment procedures; 
d) attend University Safety Committee meetings; 
e) ensure that they have access to relevant health and safety information in the University; 
f) inspect the workplace, as required; 
g) investigate potential hazards; 
h) investigate notifiable accidents, cases of diseases or ill health, and dangerous occurrences; 
i) investigate members' health and safety complaints; 
j) receive information from health and safety inspectors.
In the absence of the Health & Safety Officers, these duties will be performed by another officer or officers as the Executive Committee decides.

Assistant Secretaries

Assistant secretaries will take on one of the following roles:

- Membership Secretary

The Membership Secretary will keep any membership records that are necessary at local level. He/she will ensure that all members are covered by a Faculty or Departmental Representative and liaise with those Representatives to ensure that all records are up to date. The Membership Secretary will provide membership information promptly to UCU in accordance with instructions from UCU Head Office or Regional Office to enable statutory and rule requirements of membership records to be met.

- Recruitment Secretary

The Recruitment Secretary will be responsible for the development and implementation, along with a recruitment team, of an annual recruitment plan.   - Communication Assistant Secretary

The Communication Assistant Secretary will collate materials for and edit the monthly branch newsletter, to publicise campaigns and negotiations, and any issues of concern to members. They will also write and solicit items for online publication via the branch webpage and related outlets.

- Environment Assistant Secretary

The environment Assistant Secretary will raise environmental issues on members’ behalf and to represent them to the employer. Such issues may be linked to the immediate physical workplace (e.g. use of non-toxic paints, etc), the wider university (e.g. transport, parking), or the university as such (its education in sustainable development towards a carbon-free future).

- Anti-casualisation Assistant Secretary

The role of anti-casualisation Assistant Secretary will be filled by a member whose main employment is casualised, or who has, in the last two years prior to their nomination, been in casualised employment as their main employment. The role is to recruit and engage with casual staff and to ensure that their voice is heard. Their role is also to campaign for full contracts and to seek to make all employees permanent.

- Special Interests Assistant Secretary

The Special Interests Assistant Secretary will support and liaise with members from non-typical and under-represented background, including international staff, PhD students and retired members.

All Assistant Secretaries should also be involved with policy review and campaigning, as appropriate to their role and expertise.

Faculty/Department Representatives
The responsibilities of the Faculty/Departmental Representative are: 
a) to circulate, to members, information from the Branch Executive Committee, including forwarded national and regional UCU notices and information from the wider trade union movement; 
b) to pass on members’ concerns to the Branch Executive Committee;
c) to act as a first point of advice for members over any aspect of University staff management procedures; 
d) to assist the Branch Membership Secretary with recruitment; 
e) to attend Branch Committee meetings on behalf of the members in the Faculty/Department (where the role is shared, only one of the sharers is allowed to vote).
f) to take part in scheduled meetings between UCU and Faculty management.

 

Appendix 6: NEC elections – guidance (local rule 3.5)
Note: this guidance may change from time to time by decision of the NEC. To check the up-to-date guidance, go to www.ucu.org.uk/elections, or contact a member of the Constitution and Committees team at UCU head office.

Officer and NEC Elections 2016:Guidance Notes

 1 Candidates are asked to take note of the Union's wish that their campaign materials and comments, although vigorous and critical, will not be gratuitously offensive, abusive or defamatory, nor refer in a derogatory way to the race, religion, sexual orientation, age or other personal characteristic of candidates.

2 It is expected that particular care will be taken not to make any such remarks about members of UCU staff who may not be in a position to reply.

3 Candidates are encouraged to campaign through the positive promotion of their candidacy, rather than through negative campaigning about other candidates.

4 Points 1, 2 and 3 do not in any way infringe the right of a candidate to write an election address with the content they wish, recognising that all liability for ALL remarks in a candidate's election address rests with the candidate and not the Union.

5 The Union will distribute election addresses of candidates as part of the ballot material for any ballots held. The Union will make available on its website the election addresses of candidates.

6 Other than the specific provision made in paragraph 5 above, candidates are not permitted the use of UCU funds or resources for the purposes of campaigning. Except as permitted by UCU, use by candidates of sensitive personal data held by UCU or any of its officials and/or officers (elected or paid) is not permitted under any circumstances. Breach of either of these clauses by a candidate may result in exclusion from the ballot.

7 Email lists which are held by UCU's head offices and regional offices are a resource of the union and cannot be used for campaigning by NEC candidates. Candidates must not approach UCU staff in relation to campaigning in NEC elections. Candidates should not use member email discussion lists administered by UCU (such as the activists' list) for NEC election campaigning. Candidates may have in their possession email lists based on their personal contacts. Such email lists are a matter for the individual.

8 The use of email lists held by branches, for contacting all branch members, is a matter for branches. Use of them (or not) for election campaigning must be a decision of the branch, not of an individual who has access to such a list because of their role within the branch.

A branch may wish to promote a particular candidate, and it can do so. However, the NEC recommends and encourages branches to circulate information about all candidates standing in any one election. This allows members, as voters, to make better informed decisions, and reduces the likelihood of complaints (whether justified or unjustified) or accusations of unfairness.

The language of any communication should be measured. Any opinions expressed about candidates and their suitability for election should be fair and grounded in fact.

Branches should note that they are liable for any defamatory statements made about candidates in their communications. Branches should deal with any emails relating to NEC elections in the usual way that they administer emails to members, and must not release contact details of members, including email lists, directly to candidates.

9 The principles of 7 and 8 apply equally to any circulations made in hard copy by the branch, such as local newsletters.

 

Appendix 7

STANDING ORDERS FOR THE CONDUCT OF BUSINESS AT LOCAL GENERAL MEETINGS

The arrangements for the quorum, calling of meetings and circulation of motions to meetings are as given in the rules of the Branch.

1 Business of the meeting

            In advance of the general meeting, the executive committee will determine the agenda and prepare recommendations as to the order in which the business is to be conducted. The executive committee will also decide on the duration of the meeting. The competent business of the general meeting will be the matters stated in the agenda circulated to members in accordance with the local rules.

2 Chairing

            The chair will chair the meeting. In the absence of the chair, a vice chair will chair the meeting, and in the absence of a vice chair, another officer of the Branch. If there are no officers present, the meeting will elect a chair.

3 Conduct of meetings

            The conduct of meetings will be the responsibility of the chair. The chair will have power to lay down time limits for the discussion of items on the agenda. The chair will rule on any question under the standing orders, or on points of order or information. A challenge to a ruling by the Chair must be moved, formally seconded, there should be one speech in favour of the ruling, and then the challenge should be put to the vote without further debate. In a vote, such a challenge will require the support of two-thirds of the members present and voting at the meeting, an abstention not being regarded as a vote for this purpose.

4 Minutes

            Minutes will be kept of all general meetings. The minutes of the previous meeting having already been circulated, the chair will call for any questions regarding their accuracy. When there are no further questions the chair will declare them (as amended, if necessary) confirmed, according to the rules on quorate meetings. Members will then be at liberty to raise points arising out of the minutes, except on matters appearing elsewhere on the agenda.

5 Voting

            Voting will be by show of hands including at any site linked by electronic methods, unless the chair directs otherwise. . Decisions will be taken by a simple majority of those present and voting, unless otherwise directed by these standing orders or the rules of the Branch.

6 Motions

            All motions must be moved and seconded. Movers of motions and other speakers may speak for the time specified by the Chair. Except at the discretion of the chair, no member will speak more than once on any motion, except that the mover of the motion will have a right to reply. Any member may formally second any proposition and reserve his or her speech until a later period in the debate.

            Any members, at any time, may offer amendments from the floor of the meeting will be taken at the chair's discretion. All amendments must be moved and seconded.

7 Motions to close debate

            Any member of the meeting may seek to end the debate on a motion or amendment by moving THAT THE MEETING PROCEED TO NEXT BUSINESS or THAT THE QUESTION BE NOW PUT provided that there has been at least one speech each for and against the motion or amendment under discussion.

            Such motions must be seconded and no speeches will be allowed on them but the vote on them must be taken straightaway. If either motion be lost, the same motion will not be moved until at least ten minutes have elapsed.

8 Effect of motions to close debate

            If the motion TO PROCEED TO NEXT BUSINESS is carried, the debate will cease and no vote may be taken on the main question nor on any amendment; if it is lost, the debate will continue as if NEXT BUSINESS had not been moved.

            If the motion THAT THE QUESTION BE NOW PUT is carried, the meeting will vote immediately on the proposition before it.

9 Points of order

            Any member may, at any time, raise a point of order.

10 Points of information

            Any member may, with the leave of the chair, raise a point of information.

11 Withdrawal of propositions

            Permission to withdraw any proposition that is before the meeting may be granted by a simple majority of those present and voting at the meeting, an abstention not being regarded as a vote for this purpose.

12 Reference of motions

            Any motion to refer a motion to the committee either for examination or for re‑drafting will, if seconded, rank as an amendment with precedence over any other amendment.

            Any motion which is left on the agenda at the end of a meeting will be considered by the Branch at their next meeting.

13 Suspension of standing orders

            Any of the above standing orders will be suspended by the meeting for a specified purpose if a motion to that effect is moved, seconded and supported by two‑thirds of those present and voting, an abstention not being regarded as a vote for this purpose. Standing orders will again apply as soon as the specified issue has been concluded.

14 Alteration of standing orders

            These standing orders may be altered by a resolution of a general meeting of the Branch, provided that notice of any proposed amendment is received by members not later than the day that is 14 days before the day on which that general meeting takes place. Such a resolution requires the support of two thirds of the members present and voting, an abstention not being regarded as a vote for this purpose.