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NEC Elections 2010 – Regulations

General

1. The following regulations, which meet the requirements of the Trade Union and Labour Relations (Consolidation) Act 1992 and the Trade Union Reform and Employment Rights Act 1993, have been drawn up by the General Secretary in consultation with the Independent Scrutineer, in accordance with Principal Rule (PR) 9 and Supplementary Rule (SR) 7.24. These regulations shall govern the 2010 National Executive Committee (NEC) elections and shall be binding on all members of the Union.

2. PCS is required by law to conduct these elections in accordance with the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 sections 46-56.

3. These regulations shall be circulated to all branches, and published on the PCS website. The PCS Balloting Office shall supply a copy to any member on request.

Eligibility to participate

4. Only ordinary members of the union who are members as at Thursday 8 April 2010 (forms must be received by the PCS Membership Department no later than 8 April) may take part in the elections. Associate members and life members may not be nominated nor cast a vote.

Composition of the NEC

5. In accordance with PR10A of the PCS Rules (see annex 2), the 2010 NEC ballots shall consist of four separate elections as follows:-

(a) the office of President shall be filled by an election amongst all members.

(b) one Deputy President post and three Vice-President posts shall be filled, by an election amongst all members. The candidate securing the highest number of votes shall be elected Deputy President and the three candidates securing the next highest number of votes shall be elected Vice-Presidents, subject to regulation 6 of these regulations.

(c) thirty ordinary member seats shall be filled, subject to regulation 6 of these regulations, by an election amongst ordinary members.

Limitations/Reservations

6. After the counting of votes, the limitations and reservations required by PR10A shall apply in the 2010 NEC elections. The racial group definitions that shall apply in these elections are set out in annex 1.

Nominations

7. Only branches may submit nominations. In all cases this must be following agreement by a properly constituted branch general meeting. Exceptionally the NEC can give prior agreement that because of the scattered location of members, such a meeting is impracticable (see SR 4.4 and SR 7.25).

8. A nomination shall only be valid if made on an official nomination paper with a certificate signed by the branch chairperson and secretary, if either is absent, by another branch officer, that SR7.25 has been complied with in regard to nominations being made at a properly constituted branch general meeting, and giving the date and place of the meeting.

9. The maximum number of candidates who may be nominated by any branch for each election is limited to the number to be elected in that election.  An excess of nominations for an election shall invalidate all the nominations so far as that particular election is concerned. Any alterations or deletions to nomination forms must be authenticated by the signatures of the branch chairperson and secretary (or, if either is absent, by another branch officer).

10. Completed nomination papers must be received by the General Secretary, c/o Theresa Busby, PCS Balloting Office, 160 Falcon Road, London SW11 2LN, by no later than 5.00pm on Thursday 4 March 2010. Nominations received after this date and time shall not be accepted.  You are strongly advised to send this document using the next-day guaranteed delivery service.

11. Faxed copies of nomination forms shall only be accepted if received by the General Secretary, c/o Theresa Busby, PCS Balloting Office, on fax number 020 7801 2852 by no later than 5.00pm on Thursday 4 March 2010.

12. The nominating branch should inform those members nominated by the branch that they have been nominated and provide them with  a copy of the candidates checklist, the candidates profile and acceptance form and the regulations if required by the nominee.

13. The General Secretary shall satisfy himself that the rules relating to nominations have been complied with and that the consent of the nominee has been given.  If a member has any complaint concerning the nomination process it will be dealt with under the procedures outlined in regulation 31, as required by SR7.31.

Acceptance of nomination

14. A nominee’s name shall only be entered on the appropriate ballot paper if:

the nominee has been validly nominated, in accordance with these regulations; and

the nominee provides written notification to the General Secretary, c/o Theresa Busby, PCS Balloting Office, 160 Falcon Road, London SW11 2LN, that they are willing to stand, clearly identifying the post or posts this applies to; and

this notification is received by no later than 5.00pm on Thursday 11 March 2010. If written notification is not received by then it shall be assumed that the nominee is not willing to stand and their name shall not be included in the list of candidates.

Nominees may submit their notification by fax
to fax number 0207 801 2852, by post to the General Secretary, c/o Theresa Busby, PCS Balloting Office, 160 Falcon Road, London SW11 2LN, or send as a Word attachment to an email to janet.woods@pcs.org.uk  to be received by the required deadline.

15. The PCS Balloting Office shall send each nominee written confirmation that they have been nominated for a position, once notification is received from a branch. The Balloting Office shall also send the nominee copies of NEC elections briefings EB/4/10, EB/5/10 and these regulations. Nominees should indicate their acceptance of nomination, by the required deadline, on NEC elections briefing EB/5/10, which is the candidate profile and acceptance form.

Nominees may provide written acceptance of nomination prior to receiving confirmation from the Balloting Office, and should do so if the deadline is near. NEC elections briefings EB/4/10 and EB/5/10 are available from branch secretaries and the PCS website.

Election addresses

16. Candidates may submit an election address for each post for which they are standing.  Candidates standing for more than one post who wish to use the same election address for each post must clearly state that this is the case. Candidates submitting a different election address for each of the posts they are standing for must clearly indicate which election address is for which post.
 
17. Each election address, must not exceed 400 words in total. This includes biographical information. If the 400 word limit is exceeded, only the first 400 words will be printed.

18. In addition to the election address, the factual statement in the candidates profile and acceptance form will be printed (EB/5/10).

19. Candidates may provide a passport size photograph of themselves either by post, to the General Secretary, c/o Theresa Busby, PCS Balloting Office, 160 Falcon Road, London SW11 2LN,  or a jpg attachment to an email to janet.woods@pcs.org.uk for publication (in black and white). The photograph must have been taken in the last twelve months. A photograph used for a previous NEC election will not be accepted. Photographs must be received by the General Secretary, c/o Theresa Busby, PCS Balloting Office by no later than 5.00pm on Thursday, 11 March 2010. Faxed photographs cannot be accepted.

20. Election addresses must be received by the General Secretary c/o Theresa Busby, PCS Balloting Office by no later than 5.00pm on Thursday, 11 March 2010. Election addresses must be provided electronically either as a Word attachment to an email to janet.woods@pcs.org.uk  or on a CD Rom in the same format. A hard copy can additionally be provided, although is not essential.

Election addresses will be acknowledged within 24hrs, if you do not receive an acknowledgment please contact Theresa Busby on 020 7801 2810.

21. For verification purposes candidates must provide with their election address, either their membership or their national insurance number. Any candidate may be required by the Balloting Office to verify their election address.

22. Each candidate is responsible for ensuring that their election address contains no libellous material.  Under the Trade Union and Labour Relations (Consolidation) Act 1992 no person other than the candidate will be subject to any civil or criminal liability in respect of a candidate’s election address.

Uncontested elections

23. If in any part of the elections the number of valid candidates is equal to or less than the number of posts or seats to be filled no ballot shall be held and, as applicable, the candidate or candidates (if available) shall be declared elected.

Misuse of membership data

24. No information derived from the union’s membership or other database (i.e. commix and any mailing lists derived from it) comprising names and/or addresses of members of the Union shall be used by any candidate or by a candidate’s supporters, without the specific prior authority of the union (see also regulation 32).

Voting

25. The Trade Union and Labour Relations (Consolidation) Act 1992 specifies that the ballots for election to a union’s principal executive committee (including president) must be by postal ballot and that no other method is permissible under the law.  Thus ballot papers shall be sent to all ordinary members (as at Thursday 8 April 2010) at the designated postal address of their choice.  The member shall be able to complete their ballot paper in secret, at any time and at any place they wish and return it to the Independent Scrutineer in the prepaid envelope provided.

26. Votes may be cast for no more than the maximum number of persons to be elected in each ballot.  An excess of votes will invalidate the votes cast in that election.  Alterations, erasures, comments in writing and any other marks or writing on the ballot paper, other than a cross in ink in the voting space against each selected candidate, will invalidate a ballot paper.  A member can apply for a replacement ballot paper by contacting Membership on 020 7801 2670/2680 or by e-mailing membership@pcs.org.uk.

27. Completed ballot papers must be received by the Independent Scrutineer by no later than 12 noon on Thursday 6 May 2010. Ballot papers received after then shall not be included in the count.

28. Members should ensure that they have informed PCS of their up-to-date postal address. Members can update their postal address via the PCS website www.pcs.org.uk by logging on using their membership number and selecting ‘my membership’ (if you have not logged in before you will need to create a password), by phoning 020 7801 2670/2680 or by e-mailing membership@pcs.org.uk If members wish to use an address other than their home address as their proper address they must inform PCS in writing. This is to ensure that legal requirements can be met. Letters should be addressed to the Membership, Balloting and Events Division. Supplementary Rule 3.19(d) requires every member to keep PCS head office informed of their proper address at all times.

29. Where a member uses their office as their registered ballot address, the ballot paper should be delivered direct to the individual.  Under no circumstances should local union representatives take control of the ballot papers and deliver them.  Such action would undermine the direct postal nature of the ballot and could lead to challenge.

30. Following the despatch of voting papers, members will be reminded of the election and of a member’s right to vote.

Complaints of alleged breach of these regulations

Complaints concerning, solely or mainly, the validity of nominations

31. Any complaint as to the alleged breach of these regulations concerning, solely or mainly, the validity of nominations shall be made in writing to the Independent Scrutineer (see regulation 33) and as required by SR7.31, shall be made not later than one week before the issue of ballot papers, which shall begin on Thursday 15 April 2010. If the Independent Scrutineer considers that the regulations have been breached the Independent Scrutineer shall, after consulting the General Secretary, decide what action, if any, be taken, including whether the election should be declared void or any candidate disqualified. The Independent Scrutineer’s decision shall be final and binding on all members. The Independent Scrutineer shall publish the decision, together with the reasons for it, to branches.

Complaints other than those concerning, solely or mainly, the validity of nominations

32. Any complaint as to an alleged breach of these regulations otherwise than concerning, solely or mainly, the validity of nominations shall be made in writing to the General Secretary. Any such complaint must be submitted within seven days of the declaration of the results of the election and the General Secretary will arrange that an independent person with suitable legal qualifications and experience considers the complaint as soon as practicable. If the person so appointed upholds the complaint that a candidate by their own act or through the act or acts of those supporting the candidate has caused a breach of these regulations the candidate may be de-barred from the election and/or their election may be declared null and void. The decision of the person appointed under this regulation to consider the complaint shall be final and binding on all members. The General Secretary shall publish the decision, together with the reasons for it, to branches.

Independent scrutineer

33. The Independent Scrutineer appointed for the 2010 PCS National Executive Committee elections shall be Electoral Reform Services Limited, The Election Centre, 33 Clarendon Road, London N8 0NW.

34. The Independent Scrutineer shall supervise the production and distribution of voting papers, keep a record of the name and address of each member to whom a voting paper is sent and perform all such other functions as designated in the 1992 and 1993 Acts. They shall be responsible for the fair and accurate counting of votes and the decision of the Independent Scrutineer with regard to the rejection of any voting paper as invalid will be final (see also regulation 31).

Announcement of results

35. The Independent Scrutineer shall report the result of the elections to the General Secretary in the form and including the details required by the 1992 Act.  In accordance with the Act, the result shall not be published until the full scrutineer’s report has been received.

Retention and destruction of ballet papers

36. Ballot papers shall be retained by the Independent Scrutineer for a period of one year from the announcement of the result or, where any objection has been made under the Act, for such additional 36. Ballot papers shall be retained by the Independent Scrutineer for a period of one year from the announcement of the result or, where any objection has been made under the Act, for such additional periods required by the Certification Officer or the court.

Annex 1 Racial Group Classification

1.  Any candidate in NEC elections who, on being nominated, identifies himself/herself as belonging to a Black Racial Group (defined in this annex as Racial Groups B, C, D ,E or F) will be eligible to fill a seat reserved for members of such Racial Groups.

2.  The Racial Groups are:

      A -  White
      Any White Background

      B -  Mixed
      White and Black Caribbean
      White and Black African
      White and Asian
      Any other mixed background

      C - Asian or Asian British
      Indian
      Pakistani
      Bangladeshi
      Any other Asian background

      D -  Black or Black British
      Caribbean
      African
      Any other Black Background

      E -  Chinese
      Chinese

      F -  Any other Black Racial Group
      Any other Black Background

3.  A candidate who does not identify their racial group will be deemed to belong to a white racial group

4.  The question of whether any candidate belongs to a particular racial group will be determined solely on the basis of this annex

Annex 2

Principal rule (PR)

PR10A (a) The NEC shall consist of the President, Deputy President, three Vice-Presidents together referred to as the Senior Lay Officers and (30) ordinary members, in each case elected by a ballot of the whole membership, and any Senior Full-Time Officer elected in accordance with principal rule PR11.
(b) There shall be an election for President by a ballot of the whole membership.
(c) There shall be an election for Deputy and Vice-Presidents by a ballot of the whole membership. The candidate securing the highest number of votes shall be elected Deputy President and the three candidates securing the next highest number of votes shall be elected Vice-Presidents. If, but for this rule, more than one member employed by a particular employer would be elected as Deputy or Vice-President in the same election, the candidate or candidates with the lower or lowest votes of such members shall be displaced by the member or members with the highest votes employed by an employer who does not employ any of the members otherwise elected as Deputy or Vice-President in that election, so that each Deputy and Vice-President shall be a member employed by a different employer.
(d) There shall be a Senior Vice-President who shall be the Vice-President elected in accordance with(c) above who has the longest continuous service as a Senior Lay Officer/Vice-President or, in the event of an equality of such service, who has the longest aggregate service, whether or not continuous, on the NEC and/or on the national executive body of the union’s antecedents (whether as a Senior Lay Officer or otherwise).
(e) There shall be an election for ordinary members of the NEC by a ballot of the whole membership. This shall be subject to the provisions of the Transitional Election Rules set out in Appendix (D) which shall have effect from 28 February 2003 and shall remain in effect, superseding the relevant parts of the union’s rules for such time as shall be specified in Appendix D and shall not be amended except in accordance with the procedures set out in principal rule PR13, except as otherwise provided in Appendix D.
(f) If, but for this rule, fewer than two seats for ordinary members of the NEC would be filled by a member who on being nominated identified themselves as being from a black racial group, the highest polling member or members who did so identify themselves shall displace the member or members with fewest votes (out of those who would otherwise have been elected) who did not so identify themselves (only if such replacement member or members is available).
(g) If, but for this rule and after the application of paragraphs (f) above, 9 or more seats for ordinary members of the NEC would be filled by members employed by the same employer, 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 ordinary members who are employed by the same employer does not exceed 8, save that this rule shall not operate so as to reduce below two the number of seats filled by members who on being nominated identified themselves as being from a black racial group.
(h) This principal rule shall prevail over any provisions in the supplementary rules and, in particular, over supplementary rules 7.1, 7.2, 7.4, 7.5, 7.6 and 7.8.

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