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Group constitution

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DFT group constitution

1. Name

1.1 The name of the Group shall be the “Department for Transport Group of the Public and Commercial Services Union”, herein referred to as “the Group”.

2. Composition

2.1 The Group shall be composed of all those union members employed in the Department for Transport, save as the National Executive Committee of the union (“NEC”) may direct.

3. Objects

3.1 The objects of the Group shall be to protect and promote the interests of the members in the Group, and to further the objects of the Union in relation to the members in the Group. The Group shall have autonomy in formulating policy specifically affecting members covered by it.

3.2 On matters which the NEC considers affect the union’s general interest policy decisions shall be subject to consultation with, and the final direction of, the NEC.

4. Management

4.1 The management of the Group shall, subject to the over-riding authority of the NEC and of a membership ballot, be vested in the Group executive committee (GEC).

5. Group executive committee

5.1 Elections to the GEC shall be held each year by postal ballot of all members in the Department for Transport. The Group secretary shall issue regulations for the conduct of the elections.

5.2 The GEC shall consist of an elected Group president, Group vice president, GEC equality officer, GEC organiser and GEC treasurer supported by a non-voting Group secretary. These posts will together be known as “Group officers”. Of the five elected Group officers no more than two should be elected from the same Section of the Group. There will also be elected 16 ordinary GEC members who along with the officers will form the GEC.

5.3 The Group officers will be supported by seven GEC section liaison officers. The principle role of the GEC section liaison officers will be as a representative for the GEC to the section and branches within. GEC section liaison officers will therefore be non-voting members of the section committee following their election. They will also report back to the GEC from the section committee alongside and supported by the section secretaries.

5.4 The GEC section liaison officers will be elected by the membership across the whole of the Group.

5.5 The Group secretary shall be employed by PCS, as will each section secretary. All other officers, GEC section liaison officers and ordinary GEC members will be elected by the whole membership across the Group.

5.6 The GEC may fill any casual vacancy among the Group officers by either (a) appointing one of its own number, or (b) through a by-election. Any other vacancies will be filled by inviting the person standing highest on the list of unsuccessful candidates and who is available and eligible to serve.

5.7 The duties of the GEC shall (subject to the over-riding authority of the NEC) be to:

a. Protect and promote the interests of the members in the Group and to deal with all matters within its area of competence. Attached at Annex H is a list of those membership responsibilities that fall to the GEC and those that fall to the sections (Please see paragraph 7 of the constitution which refers to section committees);to the driving examiners branch and to the coastguard branches.

b. Amalgamate, divide, or close existing branches or establish new branches, subject to the endorsement of the NEC.

c. Establish, subject to the endorsement of the NEC, such bodies as it considers necessary (on the basis of such rules as it may approve) to enable Sections and branches in the Group to co-operate on issues of common concern, and to give assistance to such bodies as required.

d. Ensure that no section, branch or other body of the Group shall enter into negotiations with an employer on matters affecting members in another section/branch without the prior approval of the GEC. Sections/branches shall refer matters of interest that are not confined to themselves to the GEC for appropriate action.

e. Ensure that the most effective available arrangements are made for recruitment and retention of members. The Group organiser shall report to each GEC meeting the last known actual membership, and an estimate of the potential membership, for each section and branches in the Group.

f. Keep such records, and renders such returns and information, as the NEC may require.

g. Co-operate with the NEC on the conduct of the union’s affairs, and deal promptly with any matter remitted to it by the NEC for action.

5.8 Where either the GEC or the NEC considers that an employer is proposing a major change in members’ terms and conditions of employment, that change shall not be endorsed by the Group except with the support of the members concerned as determined by a majority of those voting in a ballot conducted on the same basis of voting as that laid down under rule 5.1.

5.9 The GEC may:

a. Prepare resolutions on matters within its area of competence, which shall be considered by the NEC.

b. Conduct a ballot of members in the Group on any question relating solely to those members, subject to NEC authority.

c. Co-opt or invite to attend at its meeting such person(s) as it considers appropriate, without voting powers.

d. Establish such other sub-committees as it considers necessary and prescribe their terms of reference.

e. Standing section committees will be formed for the following areas; Department for Transport centre, Driving Standards Agency, Driver and Vehicle Licensing Agency, Highways Agency, Maritime Coastguards Agency, Vehicle Certification Agency, and Vehicle and Operator Services Agency. (Please see paragraph 7 of constitution on Section Committees).

5.10 The GEC shall establish such structures of the Group as are necessary and which are practicable and sustainable, to represent the interests of women members, black members, young members, gay and lesbian members, transgender members and disabled members.

5.11 The quorum of meetings of the GEC and of any of its sub-committees shall be a simple majority, with no more than half, minus one having the same home Section, of those entitled to vote. A record of attendances at GEC meeting shall be maintained by the Group Secretary and published to branches. Not more than one GEC meeting a calendar year will be held in London unless the GEC agrees otherwise.

6. Reservations

6.1 The seven GEC Section Liaison Officers will each be from each of the following areas within the Department for Transport; Department for Transport centre, Driving Standards Agency, Driver and Vehicle Licensing Agency, Highways Agency, Maritime Coastguards Agency, Vehicle Certification Agency, and Vehicle and Operator Services Agency. These GEC section liaison officers will have primary responsibilities for their areas.

6.1a They will be elected on to the Group executive committee by the Group membership across the whole of the Group

6.2 Each year at 31 December, the membership for each of following areas will be determined; Department for Transport centre, Driving Standards Agency, Driver and Vehicle Licensing Agency, Highways Agency, Maritime Coastguards Agency, Vehicle Certification Agency, and Vehicle and Operator Services Agency. The 16 GEC places will be allocated on a pro rata membership calculation.

6.2a The elections for GEC members will be conducted among the sections membership – for example if DSA Section has two places available, nominations from DSA members will take place, and any elections will be amongst DSA members.

6.2b That elections for the DVLA places on the GEC will ensure reserved places for one GEC member from each geographical branch within the DVLA.

6.2c If but for this rule,(election of ordinary GEC members) fewer than one seat for ordinary members of the GEC would be filled by a member who on being nominated identified themselves as being from a black racial group, the highest polling member who did so identify themselves shall displace the member with the fewest votes (out of those who would have otherwise been elected) who did not so identify themselves (only if such a replacement member is available)

7. Standing section committees

7.1 Standing section committees will be established for the following areas; Department for Transport centre, Driving Standards Agency, Driver and Vehicle Licensing Agency, Highways Agency, Maritime Coastguards Agency, Vehicle Certification Agency, and Vehicle and Operator Services Agency.

7.2 These committees shall be responsible for membership issues that fall within agency domains, including the negotiation of the annual pay negotiations and the payment of the settlement.

Attached as annex A- G are constitutions governing the elections and responsibilities of section committees. Attached at annex H is a list of those membership responsibilities that fall to the GEC and those that fall to the section committees.

8. Motions

8.1 Each branch is entitled to submit motions to the Group for its consideration for appropriate action.

9. Group delegate conference

9.1 The Group shall hold an annual Group conference. Not less than four months notice shall be given to branches of the date of the conference.

9.2 Wherever possible on the day before the Group conference, a structured meeting will be convened for representatives and members in the following areas; Department for Transport centre, Driving Standards Agency, Driver and Vehicle Licensing Agency, Highways Agency, Maritime Coastguards Agency, Vehicle Certification Agency, and Vehicle and Operator Services Agency.

9.3 A special Group delegate conference may be called with the prior consent of the NEC either by the GEC or on the receipt by the Group secretary of a written application by at least two branches together representing one quarter or more of members in the Group. The GEC shall determine the timetable for the special delegate conference. Not less than one month’s notice shall be given to branches. Only business specified on the notice paper shall be dealt with.

9.4 Group delegate conferences shall be attended by:

(a) Delegates from branches within the group;

(b) GEC members;

(c) Three standing orders committee members, elected at conference.

9.5 Branches may send observers to Group conference, provided the expenses of doing so are met solely from funds raised by the branch’s own activities.

9.6 Branches may send delegates on the following basis:

Up to 100 members - 1 delegate

101-200 members - 2 delegates

201-400 members - 3 delegates

401- 600 members - 4 delegates

601 and more members - 5 delegates

9.7 For the purpose of representation at Group delegate conference, branch members shall be calculated on the same basis as for national delegate conferences of the union, as set out in the rules thereof.

9.8 Delegates shall be fully paid-up members of the branch concerned, or in the case of branches grouped together, one of the branches concerned. No GEC member shall be eligible to be appointed as a delegate. The body electing a delegate shall be the only body entitled to instruct them.

9.9 The quorum shall be a simple majority of those delegates entitled to attend.

9.10 The Group president, or their duly appointed deputy, shall preside. GEC members may not take part in any vote or election at the delegate conference, except that the president may exercise a casting vote if an equal number of votes are cast on each side of a motion.

9.11 Voting shall be by a show of hands except where a card vote is demanded by at least 10 delegates, or by the president. The basis of a card vote shall be one vote for each member of a branch.

9.12 The annual Group delegate conference shall receive a report and statement of accounts from the GEC. The report and statement of accounts, together with the agenda and any conference papers, shall be circulated to branches within the same time limits as those set out in the union’s rules.

9.13 Motions may only be submitted by branches or by the GEC. Branch motions shall have been passed at a properly constituted meeting of members, and submitted on official forms signed by the branch chair and secretary (or in the case of absence, by another branch officer).

9.14 GEC motions shall have been passed at a properly constituted meeting.

10. Standing orders committee

10.1 For the purposes of considering the motions and other business submitted for the agenda of an annual or special delegate conference and making procedure business, there shall be a standing orders committee (SOC) whose report shall be laid before conference.

The SOC shall comprise of three members, to be elected by conference.

10.2 No SOC member may attend conference in any other capacity, or vote on conference business, or while so acting, be a member of the GEC.

10.3 SOC members shall normally serve for three years; one retiring annually and the senior member shall act as chair. In addition a member of the Group secretariat shall be the secretary to the committee, but shall have no voting rights.

10.4 The SOC shall:

(a) Arrange motions into a convenient agenda, and construct composite motions, so as to provide for the efficient despatch of business.

(b) Ensure the president is supplied with copies of all motions as received from branches, and consult the president before rejecting any motion.

(c) Supply the group secretary with all necessary material to enable the booklet of motions to be issued according to the Union’s rules.

(d) Consult the president and group secretary before making recommendations in relation to the conference timetable.

(e) Submit an agenda, timetable and such other recommendations as it sees fit, to Conference for consideration.

(f) During conference, consult the chair of conference on all matters relating to the agenda, timetable and procedure, and report and recommend thereon as necessary.

(g) After consultation with the Group president and the Group secretary, refer any motion that may provide grounds for legal proceedings against the union or any of its officers or agents or printers, to the national president and the general secretary. SOC shall then exclude any motion from the agenda, which the national president and the general secretary consider (after taking legal advice) may provide grounds for any legal proceedings. The decision of the national president and the general secretary shall be final and shall not be open to any form of discussion or challenge. A copy of the written legal advice shall be provided to the SOC, the Group president, Group secretary and to the submitting branch.

10.5 The standing orders for the conduct of conference are set out at Annex 1.

 

11. Funds

11.1 Group funds shall consist of the monies remitted by the NEC, together with such other monies as may be raised by the Group through social activities. The Group may not raise funds except on a voluntary basis, or expend funds except in accordance with the union's policies.

11.2 The Group funds shall be administered by the GEC for the purposes of the Group, subject to the over-riding authority of the NEC.

11.3 The financial year of the Group shall run from 1 January to 31 December.

11.4 An account in the name of the Group shall be opened by a bank approved by the NEC. Each cheque or payment shall be signed, or authorised, by both (a) the Group treasurer and (b) either the Group president or other designated officer of the Group.

11.5 The Group treasurer shall maintain appropriate records of the Group’s financial activities, which shall be made available for inspection at each GEC meeting. An accounting statement shall be prepared in respect of each quarter and presented for approval to the next convenient GEC meeting; on approval it shall be signed by the president, and a copy sent forthwith to the national treasurer.

11.6 The Group treasurer shall prepare an annual budget for estimated expenditure for approval by the GEC. On approval, the statement shall be forwarded (together with any explanatory notes and supporting schedules) to the national treasurer by the date laid down by the NEC.

11.7 The Group treasurer shall prepare annual accounts for the preceding year, in the form prescribed by the NEC, and present them to the GEC for approval. Following approval by the GEC, the treasurer shall submit them to the national treasurer as soon as practicable (not later than 28 February).

11.8 The cost of expenses necessarily incurred in attending meetings of the GEC, or of its sub-committees, or for other authorised purposes, shall be reimbursed from Group funds within limits determined by the NEC.

11.9 Section funds shall consist of the monies remitted by the NEC through the Group, together with such other monies as may be raised by the section through social activities. The section may not raise funds except on a voluntary basis, or expend funds except in accordance with the union's policies.

11.10 The section funds shall be administered by the section executive committee for the purposes of the section, subject to the over-riding authorities of the NEC and GEC.

11.11 The financial year of the sections shall run from 1 January to 31 December.

11.12 An account in the name of the section shall be opened by a bank approved by the NEC. Each cheque or payment shall be signed, or authorised, by both (a) the section treasurer and (b) either the section president or other designated officer of the section.

11.13 The section treasurer shall maintain appropriate records of the section’s financial activities, which shall be made available for inspection at each SEC meeting. An accounting statement shall be prepared in respect of each quarter signed by the president, and a copy sent to the Group treasurer to be included under rule 11.5.

11.14 The section treasurer shall prepare an annual budget for estimated expenditure for approval by the SEC. On approval, the statement shall be forwarded (together with any explanatory notes and supporting schedules) to the Group treasurer by 31 January each year, to enable a timely submission of the Group funding bid to the NEC.

11.15 The section treasurer shall prepare annual accounts for the preceding year, in the form prescribed by the NEC, and present them to the SEC for approval. Following approval by the SEC, the treasurer shall submit them, together with a funding application for the following year, to the Group treasurer as soon as practicable, and not later than 31 January.

11.16 The cost of expenses necessarily incurred in attending meetings of the SEC, or of its sub-committees, or for other authorised purposes, shall be reimbursed from section funds within limits determined by the NEC.

The above changes clarify and expand upon the original provisions.

12. Group rules

12.1 In the event of any conflict between these Group rules and the Union rules, the latter shall prevail.

12.2 These rules may not be amended except by a motion at a group delegate conference supported by not less than two thirds majority of votes entitled to be cast by delegates present. Any such amendments shall be subject to the NEC endorsement and shall not be effective until then.

12.3 The Group president shall rule on any matter on which these Group rules are silent, or on any question as to their interpretation. Any such ruling may only be challenged by a branch or ordinary member, in writing to the Group secretary stating the reasons for the challenge. A challenge by a branch must be passed at a properly constituted general meeting. A challenge shall only be upheld by the GEC on a majority of not less than two thirds of those present at voting.