Public and Commercial Services Union

MOD (1) branch constitution

Name

1. The name of the branch shall be the Public and Commercial Services Union, Ministry of Defence, (1 below) branch.

Objects

2. The objects of the Branch shall be to:

a. Protect and promote the interests of its members.

b. Help to recruit and retain members, and collect subscriptions.

c. Co-ordinate the views of its members, and take action on matters of branch interest.

d. Protect and promote the service(s) in which members are employed.

e. Provide the NEC, group executive committee and association Committee(s) promptly with any information and returns they require.

f. Arrange the distribution or sale of all union circulars and literature.

g. Generally assist the NEC in compliance with the Union’s Rules.

(1) All branches will have the name beginning ‘Public Commercial Service union, Ministry of Defence’ but will usually only be referred to by the actual name of the branch. Unless you have a branch covering the whole country (eg Dstl) choose a name that describes the main location(s) the branch covers and one that can be found on most maps eg Corsham, or Devonport and District. HQ staff, even inside the MOD group, cannot be expected to be familiar with every remote site. Do not include the name of an organisation (eg RAF) firstly because you will have to change the name when the organisation changes or relocates and secondly there are likely to be other organisations on your site (eg PPPA or DE). If you include a descriptor then put it after the main name rather than before (eg Scotland West); that way it appears in listings adjacent to its neighbouring branches. Even letters like RAF are best avoided - there is more than one non-RAF establishment on a former airbase.

Membership

3. Members employed by the MOD at (2 below) shall be deemed to be members of the Branch.

(2) Include locations even if you do not at present have members at that site

Management

4. The management of the Branch shall be vested in Branch General Meetings, the Branch Executive Committee (BEC) and the Branch officers.

Annual general meeting

5. The annual general meeting (AGM) shall (in the case of the year concerned) be held between 1st January and the last day allowing for the timely submission of motions and nominations for the Union ADC. No quorum shall be needed.

6. The AGM shall:

a. Receive the annual report, financial report and audited statement of accounts.

b. Elect the branch women’s advisory committee (BWAC), 2 branch auditors (who shall not be BEC members), and delegates to the union ADC and the group delegate conference as appropriate.

c. Elect 2 scrutineers (who shall not be BEC members) to count the votes in elections held at the AGM.

d. Consider motions and nominations submitted by the BEC or individual members.

e. Receive the results of branch officer and BEC elections conducted under principal rules PR3 and PR4.

7. A Notice convening the AGM, together with the annual report, financial report and audited statement of accounts, shall be circulated by the branch secretary to members not later than 28 days before the meeting. Written notice of motions and nominations for inclusion on the agenda shall be sent to the branch secretary not later than 21 days before the meeting. The agenda, including details of all proposed motions and nominations, shall be circulated not later than 14 days before the meeting: motions submitted less than 14 days before the meeting shall only be accepted as motions of urgency at the discretion of the chairperson.

8. The BEC may not make any nomination for election as branch officer, BEC member, BWAC member, branch auditor, delegate to the union or group delegate conference, or scrutineer.

9. Each member attending the AGM, subject to the union’s rules, may vote on matters put to the meeting for decision. The chairperson shall have a casting vote in the event of an equality of votes for and against a proposal. Voting shall be by show of hands; but any vote may be taken by ballot of those present at the discretion of the chairperson, or at the request of a majority of those present provided that such request is made before the question is put.

10. In the case of elections conducted at the AGM, each member shall have one vote for each position to be filled. The votes shall be counted by the scrutineers and the candidates for each position placed in order. The candidate(s) with the most votes shall be elected.

Mandating meetings

11. General meetings shall be convened by the branch secretary to mandate delegate(s) on the business of union and group delegate conferences. The meetings shall be held between the receipt of the booklet of conference motions and the last working day before the conference. A notice convening the meeting shall be circulated to members not later than 14 days before the meeting. Voting at the meeting shall be on the same basis as the AGM. No quorum shall be needed.

Special general meeting

12. A special general meeting shall be held no later than 21 days after receipt by the branch secretary of a written request signed by not fewer than (3 below) of members. The request shall be supported by reasons for calling the meeting, together with any proposed motion and the names of the mover and seconder. Discussion at the meeting shall be confined to the items notified on the agenda, which shall be circulated to members not later than 7 days before the meeting. Voting shall be on the same basis as the AGM. The quorum shall be not less than (3 below) members.

(3) The minimum number is at the discretion of the branch, subject to NEC approval. Large branches will need a smaller percentage than small branches: thus 25% for a 100 member branch, 10% for a 500 member branch, but express it as a number not a percentage.

Extraordinary general meeting

13. Extraordinary general meeting shall be convened at the discretion of the BEC. Discussion shall be confined to the item(s) notified in the agenda, which shall be circulated to members not later than 14 days before the meeting. Voting at the meeting shall be on the same basis as the AGM. No quorum shall be needed.

Branch officers

14. The Branch Officers shall consist of a Chairperson, Vice Chairperson, Secretary, Organiser and Treasurer (4 below). The officers shall be members of the Branch elected by secret, individual ballot of the members in the Branch. The BEC may fill any casual vacancy. (5 below)

(4) You must have a Chairperson, Vice Chairperson, Secretary, Treasurer and Organiser (for recruiting). You may also have an Assistant Secretary (who can take part of the Secretary’s work by arranging and taking minutes of meetings). However, there must always be more (constituency) representatives (or senior representatives) on the BEC than there are officers and ordinary BEC members (National supplementary rule 4.7).

(5) National supplementary rule 4.8 says that where a branch has members from more than one category of members, its constitution shall ensure that the interests of members from each category are adequately represented. This can be best achieved by using the local representative system (see rules 22 etc.) However branches may wish to apportion the branch officer posts in which case the following is the recommended form of wording for rule 14: ‘The Branch Officers shall consist of a Chairperson, Vice Chairperson, Secretary, Organiser and Treasurer . The officers shall be members of the Branch elected by secret, individual ballot of the members in the Branch. The officers of the BEC shall be open to nomination from any constituency but if the Chairperson is elected from one grade constituency then the Vice Chairperson shall be elected from the other grade constituency. Similarly if the Secretary is elected from one constituency then the Organiser shall be elected from the other grade constituency. The BEC may fill any casual vacancy.’

15. The duties of each officer shall be allocated by the BEC, subject to the Union’s Rules. Each officer shall give a report to each BEC meeting on the business of their office. The Chairperson and Secretary may attend any sub-committee meeting.

Branch executive committee (BEC)

16. The BEC shall consist of the Branch officers, (6 below) other members elected by secret, individual ballot of the members of the Branch, and (7 below) members who shall be (senior/local) representatives. The BEC shall meet at least every 2 months. The quorum at meetings of the BEC or of any sub-committee shall be a majority of the voting members.

(6) ‘Other members’ on the BEC have no specific job and should usually be avoided. However this provision is useful when merging branches to ensure that all the activists from the previous branches are involved in the new branch.

(7) The branch must be split into constituencies (National supplementary rule 4.9), but how this is done is up to the branch. It can be by location, official branch, grade, grade level, grade category, or a combination of these. There must always be more representatives (or senior representatives) on the BEC than the number of officers and ordinary BEC members together (National supplementary rule 4.7). If there are only constituency representatives then remove the reference to senior representatives.

17. The BEC may co-opt additional members in an advisory capacity, without voting powers. It shall co-opt a BWAC member if there is no such member on the BEC. It shall appoint an equal opportunities officer from amongst its members.

18. The BEC may fill a casual vacancy on the committee by either (a) calling up the unsuccessful candidate in the last relevant election with the highest votes; or (b) holding a by-election.

19. Any member absent from a BEC or sub-committee meeting shall give an explanation. Any member absent from three consecutive meetings without giving reasons, which the BEC considers adequate, shall be deemed to have resigned.

20. The BEC shall conduct the business of the ranch in conformity with union policy and the instructions of branch general meetings. It shall deal with all business remitted to the branch by the union and take any action required.

21. The BEC shall give the AGM an annual report of its activities, and a financial report and audited statement of accounts. The annual report shall contain a record of attendance of each BEC member at BEC meetings.

Local representatives

22. The branch shall be divided into (8 below) constituencies. An annual meeting of the members in each constituency shall be held within 7 days before the branch AGM. The meeting shall receive an annual report. Each local representative for the coming year shall be elected by secret, individual ballot of members within the constituency concerned, and on election shall become a member of the BEC.

(8) The rules applying to local or senior stewards do not apply where the NEC, after consulting the branch, considers that it is not practicable to do so. See note 7 about the requirement about the number of representatives.

23. A notice convening the annual constituency meeting shall be sent to members not later than 28 days before the branch AGM. Nominations for local representative shall be sent to the branch secretary not later than 21 days before the AGM. The agenda shall be circulated not later than 14 days before the AGM.

24. The local representative shall represent the constituency in local negotiations and report their activities to constituency meetings, held where practicable at least once a month.

Branch women’s advisory committee (BWAC)

25. The Branch shall establish a BWAC, consisting of (9 below) women members, which shall meet at least once a quarter. A BWAC member shall attend BEC meetings and report on BWAC activities.

(9) At least 2, preferably more

Branch representatives

26. Branch representatives on the co-ordinating committee/trade union side of the (10 below) shall be appointed by the BEC from among its members. They shall report regularly to the BEC on their activities.

(10) This rule will require completion where the branch is directly represented on a co-ordinating committee or trade union side, but not where representation is indirect or in the case of local TUS where election is by local members with BEC authority. Also delete ‘co-ordinating committee’ if there is not one.

27. The BEC shall ensure the annual election or appointment of health and safety, and learning representatives covering all workplaces in its area.

Finance

28. The branch’s financial year shall correspond to that of the Union.

29. Branch funds shall be administered by the branch treasurer in accordance with BEC directions. The Treasurer shall take charge of the funds and pay all demands as instructed by the BEC. Expenses necessarily incurred by BEC members or auditors on branch business, where not otherwise reimbursed, may be paid for out of branch funds within limits set by the NEC.

30. The Treasurer shall present at each regular BEC meeting for inspection thereby the books of account, the bank pass book, and such other documents as the BEC may require. The Treasurer shall give a report to the BEC at least once a quarter, and give up all books, documents, monies and property of the union in their possession, whenever required to do so by either the NEC or the BEC.

31. A bank account (with a bank approved by the NEC) shall be opened in the name of the branch, and each cheque thereon shall be signed by the treasurer and by either the chairperson or secretary. Each quarter the chairperson shall sign a statement to the effect that the bank balances and branch bank book can be reconciled, and that no excessive cash balance in hand is held.

32. The BEC shall cause the branch accounts to be entered regularly in proper books, and shall before 31st January submit accounts for the year ended on the previous 31st December to the branch auditors. A financial report and the audited statement of accounts shall be presented to the AGM in the form prescribed by the NEC; a copy shall be sent to the union’s treasurer as soon as practicable and not later than 31st March.

Constitution

33. The Branch shall be governed by the union’s rules and by group and association constitutions where they apply in addition to this constitution. If this constitution conflicts with the union’s rules or with group or association constitutions, the latter shall prevail.

34. This constitution may not be amended except by the AGM or by an EGM convened for the purpose. A motion to amend the constitution shall require a majority of at least two-thirds of the votes cast in order to be carried. Any amendment shall be subject to ratification by the NEC and shall not take effect until then.

35. The chairperson shall rule on any matter of interpretation of this constitution, and on any matter where it is silent. Any such ruling may only be challenged by:

a. A branch general meeting. Members shall carry a motion which states: ‘This branch challenges the chairperson’s ruling in connection with...’. The motion ‘That the chairperson’s ruling be upheld’ shall then be immediately put to the meeting without debate by the deputising officer while the chairperson leaves the chair. The motion shall only be defeated by a majority of at least two-thirds of the votes cast. The decision of the meeting shall be final and binding on all members.

b. A branch member (including a BEC member), by writing to the branch secretary stating the reasons for the challenge. The challenge shall require a simple majority of the votes cast at a BEC meeting to be upheld.

Dissolution

36. The branch shall not be dissolved except with the consent of the NEC. On dissolution any money remaining the hands of the branch, together with all documents, vouchers and records, shall be surrendered to the union’s treasurer.