Public and Commercial Services Union

Motion A26 was carried, NEC Attitude: support

This ADC believes that disciplinary processes against members under the union’s rules should:

• be initiated by branches or members
• be simplified, clarified and made more flexible
• be reserved for issues which could seriously prejudice the union’s interests.

ADC therefore agrees to delete existing Supplementary Rule Section 10: Disciplinary procedures and to substitute:

“10.1 Where, on receipt of a complaint from a PCS Branch or any individual member, the NEC considers there are grounds for considering whether a member has seriously prejudiced the Union's interests, and is not a fit or proper person to remain a member and/or hold Union office, it may start action under this Rule.
10.2 Any complaint against a member under this Rule shall be made in writing to the General Secretary who shall, having considered if it relates to a matter seriously prejudicial to the union’s interests, refer it to the NEC. The NEC shall require such enquiries to be made as it considers necessary to establish whether or not a disciplinary offence appears to have been committed. If it considers that there is such a case it may instruct the General Secretary to convene a Disciplinary Committee meeting.

DISCIPLINARY COMMITTEE

10.3 A Disciplinary Committee shall consist of an uneven number of persons (not exceeding 5) appointed by the NEC from a pool. The pool from which members of the Disciplinary Committee shall be drawn will include PCS life members. In appropriate cases the NEC may approve a non­member to sit on the Disciplinary Committee. NEC members shall be ineligible. The Secretary shall be the General Secretary or a Full-time Officer designated by the General Secretary.

10.4 The Respondent and Complainant shall receive not fewer than 28 days written notice of the date, time and place of the Committee meeting, and of their rights to:
a) Present oral or written representations or nominate another person
to do so on their behalf.
b) Receive copies of documentation made available to the
Disciplinary Committee.
c) Be present when evidence is given.
d) Be accompanied by their PCS Union representative or by another
PCS member.

10.5 The Committee shall make decisions by a simple majority of those present. It may adopt such other procedures as it sees fit for the conduct of its business.

10.6 If the Committee decides that a member has seriously prejudiced the Union's interests, it shall so report to the NEC in writing, giving reasons.

10.7 The NEC shall receive the report of the Disciplinary Committee. On consideration of the report the NEC may impose one or more of the following disciplinary penalties:

(a) That the member be censured in writing.

(b) That the member be disqualified from holding one or more Union offices, for any period.

(c) That the member be suspended from membership for any period, with any loss of benefits and rights.

(d) That the member be expelled from membership.

10.8 Written notice of the disciplinary penalty, together with a copy of the Committee report, shall be sent to the member within not more than 10 days. The member shall also be notified of their right to appeal to the National Appeals Committee.

NATIONAL APPEALS COMMITTEE

10.9 A member on whom a disciplinary penalty has been imposed may appeal to the National Appeals Committee ("NAC"), provided a written appeal is received by the General Secretary within 28 days of notice of the penalty being sent to the member, setting out the detailed grounds of appeal.

10.10 The NAC shall hear the appeal within 2 months after the General Secretary received the appeal, or as soon as practicable thereafter. The member shall, not later than 28 days before the NAC hearing, be sent written notice of the date, time and place of the hearing and of their rights to:

(a) Present written representations on the grounds for appeal, provided it is received by the General Secretary not later than 14 days before the NAC meeting.

(b) Make oral representations to the Committee, and be present at the hearing.

(c) Be accompanied at the hearing by their PCS Union representative or by another PCS member.

10.11 The NAC shall consist of 9 members, each elected by election at every fourth Annual Delegate Conference, commencing 2008 under the provisions of supplementary rule 6.23 for a four-year term. NEC members shall not be eligible.

(a) Not more than three members of the NAC shall be members employed by the same employer. A member of the NAC shall not be required to resign by reason of a change in their employer provided they remain qualified for ordinary membership.

(b) a casual vacancy shall be left vacant until the next election, and the replacement member (who shall be the member elected with the fewest votes) shall serve the unexpired term.

(c) If, but for this rule, the number of members of the NAC employed by the same employer would exceed three, the highest polling member or members from other employers shall displace the member or members with fewest votes (out of those who would otherwise be elected), but only if such replacement member or members is available, so that the number of members of the NAC employed by the same employer does not exceed three.

10.12 The President (or appointed deputy) shall present the NEC's case to the NAC. Any written submission by the NEC shall reach the General Secretary not later than 21 days before the hearing, and be sent at the same time to the member.

10.13 No new allegation or charge may be raised during the appeal.

10.14 The General Secretary shall supply the NAC with a copy of the appeal, any written submissions, the documents before the Disciplinary Committee, the minutes of the Disciplinary Committee meeting, the Disciplinary Committee report, and the notice of the disciplinary penalty imposed by the NEC. A copy of the above documentation shall be provided by the General Secretary to the appellant not later than 10 days before the hearing.

10.15 The NAC shall elect a Chairperson from among its own members. The quorum shall be 5. The Secretary shall be the General Secretary, or a Full-time Officer designated by the General Secretary, who shall attend the hearing. Voting shall be by simple majority of those present: if the votes are equal the Chairperson may use an additional casting vote.

10.16 The NAC may endorse, set aside, or vary (within the limits of 10.7) the Disciplinary Committee and/or NEC decision or, where the NAC finds there has been substantial procedural failure, refer the decision back for reconsideration. Written notice of the NAC decision shall be sent to the member and the NEC as soon as practicable, and in any event within 7 days.

APPEAL TO CONFERENCE

10.17 If the NAC confirms or imposes the expulsion, disqualification from Union office or suspension of a member, the member may appeal to a Delegate Conference, provided a written appeal is received by the General Secretary within 28 days of the NAC decision being sent to the member, giving the detailed grounds of appeal. Receipt of the appeal shall be acknowledged within 7 days. The appeal shall be determined at the first Annual or Special Delegate Conference allowing 5 weeks between the receipt of the appeal and the Conference.

10.18 Any written submission by the NEC shall reach the General Secretary not later than 21 days before the Conference, and be sent at the same time to the member. Any written submission by the member shall be received by the General Secretary not later than 14 days before the Conference.

10.19 The General Secretary shall, not later than 7 days before the Conference, send delegates a copy of the appeal, any written submissions, and the minutes of the Disciplinary Committee and NAC meetings.

10.20 No new allegation or issue may be raised during the appeal.

10.21 At the Conference, the President (or appointed deputy) shall propose a motion that the censure, expulsion, disqualification from office, or suspension of the member be upheld. The member, and/or a person nominated by them to speak on their behalf, may then speak in opposition to the motion. The motion shall then be immediately put to the vote. No other motion on the matter may be taken. The decision of Conference shall be final and binding.

MISCELLANEOUS

10.22 The NEC may, subject to any service agreement or contract, recommend the dismissal of a Full-time Officer to a Delegate Conference.

10.23 Nothing in this Section of the Rules shall prevent the Union from pursuing civil or criminal proceedings in respect of which the NEC considers any member to be liable.

10.24 References in this Section of the Rules to the giving of written notice or appeal mean despatch by pre-paid recorded delivery post or (in the case of a notice to a member) personal delivery or (in the case of an appeal by a member) delivery at the Head Office.

10.25 Where a member is expelled or suspended from membership under this Rule, they shall cease to be a member for all purposes under the Union's Rules for such time as the penalty remains in force (except that in the case of a member who appeals, their rights to personal benefits shall be maintained until the appeal is determined). In the case of a member who appeals, the term "member" shall be interpreted as referring to a person who is a former member. A member who is suspended from membership shall have their membership restored automatically at the end of the period of suspension.”

And consequently, to amend Supplementary Rule 6.23(d) by deleting “Rule 10.12” and substituting “Rule 10.11”.

Motion A27 was lost, NEC Attitude: oppose

Conference welcomes the fact PCS is a Union whose 2006/07 NEC has three black members on it who had no need to utilise the current reserved seats systems for black members.

Conference also notes the defeat of motion A75/06 which tried to force Groups to also have reserved seats for black members.
Conference does not accept that the 80s idea of reserved seats are a good idea in 2007.

It is stark that a union compromising 60% female members has a Left NEC of one third female members yet we have seen no proposals for reserved seats for women, or for that matter gays, or members with a disability – groups who all also face discrimination but see no proposals for reserved seats for their categories.

Accordingly in believing that members want to choose NEC members on the basis of their record and aims rather than their gender, race, religion, sexual orientation etc etc Conference agrees to amend all the following relevant rules as follows:

PR10A Delete sub paragraph (f) in its entirety and re letter paragraphs accordingly.

Amend sub paragraph (g) by deleting the words on the first line thereon “and after the application of paragraphs (f) above,” and deleting the rest of wording in paragraph (g) after the words starting on 6th line “does not exceed 8” also replacing the comma after the number 8 with a full stop.

It is also necessary to amend Supplementary Rules 7.8 and 7.9 as follows: Delete Supplementary Rule 7.8 in its entirety and renumber following accordingly.

Amend Supplementary Rule 7.9 by deleting these words on the first line thereon “and after the application of rule 7.8 above,” and deleting all working after these words starting on the 6th line – “does not exceed 8,” also replacing the comma after the number 8 with a full stop.

Finally renumbering the former Supplementary Rule 7.9 to become the new Supplementary Rule 7.8.”

Motion A28 was lost, NEC Attitude: seek withdrawal /oppose

Conference reaffirms its commitment to promoting equality and to ensuring that the union’s representative structures reflect the diversity of PCS membership. Conference welcomes the recent initiatives taken by the National Executive Committee in relation to membership monitoring, the review of equality work aimed at strengthening the support for bargaining units and the creation of an Equality Coordinator post.

Conference believes there is a need to ensure opportunities for wider participation in the union by under-represented groups, and that there is a need to introduce strategies and measures with a view to achieving this objective.

Conference believes that the aim of such strategies should be to ensure that under-represented groups, such as Lesbian, Gay, Bisexual and Transgender (LGBT) members, are represented at Group and Branch levels through the ordinary processes of the Union. However, it realises that this aim may take time to achieve in full and that there is a need to introduce interim measures to ensure improved representation.

Conference therefore calls on the National Executive Committee to facilitate and assist Groups in improving the representation of LGBT members on decision making bodies of the Union and in particular in
requiring Groups who have not already done so to produce proposals for approval by the National Executive Committee to amend the Group Constitution to introduce reserved seats for LGBT members in elections for 2008.

Conference also agrees that National Branches, and Branches within Associations, should undertake a similar review and produce plans with recommendations for improving the representation of LGBT members by December 2008.

Conference also agrees to institute a new rule 7.9.

7.9 If, but for this rule, fewer than one seat for ordinary members of the NEC would be filled by a member who, on being nominated, identified themselves as being LBGT, the highest polling member who so identified themselves shall displace the member with fewest votes (out of those who would otherwise have been elected) who did not so identify themselves (only in such replacement member or members is available) and renumber current rules 7.9 etc accordingly.

E marked motion associated with lead motion A28: E275

Motion A29 was carried NEC Attitude: support

Conference believes that our rulebook, and in particular on subscription matters, should be as clear and transparent as possible. We therefore agree to the following amendments to assist in acheiving this objective:

1. Delete the words “Subject to principle rule PR16,” from Principle Rule 14.

2. Delete ‘Principle Rule 16’ in it entirety.

3. Insert new sentence at end of Supplementary Rule 3.6 (c): -

“Any former full-time officer of the Inland Revenue Staff Federation ("IRSF") shall continue to receive those benefits to which they would otherwise have been entitled as an ordinary member of the IRSF.”

4. Delete Supplementary Rule 3.14 in its entirety and replace with:-


“Subscription rates shall be as follows:
(a) The subscription for ordinary members shall be a common percentage equal to 0.6 percent of gross, basic pay, subject to a maximum rate. This maximum rate shall be increased on 1 January each year by a percentage amount not exceeding the estimate by the NEC of cumulative average pay increases for Union members. The NEC may suspend any such increase at its discretion.

(b) (i) Associate members who receive a Civil Service pension shall pay 0.3 per cent of their pension, subject to a maximum (increased each year by reference to any increase in the ordinary members’ maximum rate). (ii) Associate members who do not receive a Civil Service pension shall pay a subscription equal to the rate determined from time to time under (c) for certain members working fewer than 25 hours a week.

(c) Members not covered by collective bargaining arrangements shall pay a rate equal to one half of the ordinary maximum a rate a month, or one quarter of the ordinary rate if they work fewer than 25 hours a week.

(d) In any case where subscriptions are not deducted from pay or delivered by direct debit, the NEC shall determine pay bandings, and shall set subscriptions in accordance with the average subscription otherwise paid.

(e) Casual workers, and workers on fixed-term contracts, shall pay no subscription for the first six months from the date of signing their membership application form.

(f) Annually, at its first full meeting following ADC the NEC shall consider a “Subscriptions Policy Document”. This document will have full regard to the policies set by ADC and will cover issues concerning:

(i) harmonisation rates for sections of members transferring from other employee organisations;

(ii) non-standard workers not covered by any other part of this rule;

(iii) subscription waivers and refunds.

(g) The subscriptions rates determined via (a), (b), (c) and (d) shall be published annually with the PCS Rules.

(h) The NEC shall determine the level of subscriptions in any case where doubt arises.”

5. Insert new sentence at end of Supplementary Rule 5.9:
“All moneys and property held by the Union’s Member trustees which had been previously owned by the Government Communications Staff Federation (“GCSF”) shall be: (a) accounted for in a separate fund, or funds; and (b) applied (together with any interest or income earned therefrom) by the GEC for the sole benefit of members in the Group.”

6. Insert new Supplementary Rule ‘9.19’ and renumber accordingly: “Income raised by any of the Union’s representational structures or Branches shall be banked in the Union's name but applied to the benefit of the representational structure or Branch concerned.”

7. Insert new sentence at end of existing Supplementary Rule 9.23: “Any valid nomination in respect of death benefit under PTC or CPSA rules shall be accepted as valid by the Union.”

Delete ‘Appendix C : Transitional Provisions’ in its entirety.”

Motion A273 was carried, NEC Attitude: oppose

Conference notes that motions A127/04 and A48/05 were defeated on card votes! The proposing branch has headed the arguments and has agreed to ask for a reduced number of observers be funded by the NEC to attend annual delegate conference from 50 down to 30.
This motion is about encouraging new activists to get to see conference, become more involved in PCS as a result and allows for the encouragement of branches to send observers from under represented groups.

Today’s observers are tomorrow’s delegate!

Conference therefore agrees to amend Supplementary Rule 6.37 by deleting the current rule in its entirety and replacing it with:-
6.37 branches may apply to send observers to annual delegate conference. The NEC will pay the expenses for up to 30 observers from branches provided that:-
The conference accommodation allows such a number to be seated.
Such observers have been properly elected at branch AGMs.
The NEC shall invite branches to apply and the NEC will determine who the paid observers shall be with preference given to assisting observers from under represented groups.

Branches failing to get NEC funding for branch observers can also raise their own funds by their own activities and apply for conference observer credentials. all observers shall be supplied with PCS official conference documents issued to delegates.

It will also be necessary to amend SR 6.4 by inserting the words “observers elected at branch AGM’s” after the words “branch delegates” and before the words “Standing Orders Committee”.

Guillotined: A30, A31, A32, A33, A34, A35 and A36