The 6 motions put to the NEC on 6th October 2021
Vice-Presidential Team
Resolutions for the NEC
6 October 2021
[The Preamble and Resolutions were tabled, discussed and passed, each by clear majorities of the NEC. We publish these here, along with additional notes on the intent of each Resolution and rationale for bringing it.]
Preamble
The NEC reminds itself that under Rule 2.1 ‘the management and control of the union between National Delegate Conferences shall be vested in the NEC’ with ‘full power and authority to act on behalf of the Union in every respect and for every purpose falling within the objects of the Union.’ This is a member-led union and the role of the staff is to carry out the lawful instructions of the NEC. This protocol is designed to assist in ensuring that the decisions of the NEC and of those to whom the NEC has delegated its powers are carried out efficiently and promptly.
Resolution 1: Pursuant to Rules D.2.1, D.2.8, and D.2.11.9 the NEC resolves to convene every other month and that the current cycle of Committee meetings will continue as at present but with each Committee reporting to the next NEC meeting.
Intent: For the NEC to meet more frequently than it has been, 6 times a year.
Rationale:
*there is a need to meet more often due to the sheer volume of business;
*to allow for shorter agendas and meeting times than we currently have, and to allow meetings to run to schedule (over-running meetings is causing substantial problems to NEC members);
*to give the NEC greater opportunity to ask questions and hold to account the Presidential Team who other resolutions today will provide with more explicitly set out delegated powers.
* to give the NEC more opportunity to mobilise and campaign effectively
Resolution 2: Pursuant to Rules D.2.1 and D.2.9 the NEC appoints a Committee consisting of the President and Vice-Presidents (the quorum for which shall be two) to be known as ‘the Presidential Team’ to which it delegates, between meetings of the NEC, the NEC’s powers (including the power to direct the General Secretary from time to time as may be necessary pursuant to Rules D.2.13.1 and E.3.1) other than powers it has delegated to the Development and Organisation Committee. The Presidential Team shall seek the endorsement of the next NEC meeting for any such exercise of its delegated powers.
Intent:
To establish the Presidential Team as a Committee of the union.
Rationale:
* The Presidential Team effectively acts as a committee, but this is not properly codified.
* There are no clear guidelines or boundaries to work within; all powers are based on precedent, not all of which is clear to lay members or has an obvious rationale
* The NEC needs clarity on what powers it is delegating to its Presidential Team
* The NEC needs confidence and transparency in how its Presidential Team is acting between meetings, and requires it to report back on decisions taken
* The chair and vice-chair of D&O have separately specified powers in relation to disciplinary matters. These are separately dealt with in Resolution 4.
Resolution 3: Pursuant to Rule D.2.1, D2.9 and D.2.11.15 the NEC directs the Presidential Team to instruct (through the Union’s legal department or such other solicitor as the Presidential Team thinks fit) counsel of the Presidential Team’s choice, at such a time and in such terms as the Presidential Team consider appropriate, to advise the NEC on any matter which the Presidential Team consider warrants such advice.
Intent: To allow the Presidential Team to benefit from advice of external counsel
Rationale:
* There are a number of issues that have arisen where the Presidential Team do not believe the law is clear or where there is a different interpretation of the rules between them and officers
* We need a definitive opinion from time to time of such matters, when there is serious doubt as to the meaning of rules.
* The Presidential Team feel at risk from being asked by officers to take decisions on such a basis where there is a difference of interpretation of the rules.
* The NEC also needs to act within the rules of the union and so also requires this advice and clarity.
Resolution 4: Pursuant to Rules D.2.1, D.2.9 and the preamble to Schedule D, the NEC delegates to its Development and Organisation Committee all its powers in relation to disciplinary matters which are subject to Rule C.7.4, Rule I and Schedule D. That Committee shall seek the endorsement of the next NEC meeting for any such exercise of its delegated powers.
Intent: for the NEC to explicitly delegate all its disciplinary powers to the D&O Committee.
Rationale:
* This situation is current unclear and needs explicitly codifying.
* Any member subject to a process can see clearly who is responsible for it.
Resolution 5: Pursuant to Rule A.2, D.2.1, D.2.11.1, D.2.11.2, D.2.11.3 and Rule C.7.4, the NEC rules that Rule C.7.4 gives jurisdiction to the NEC (and the Development and Organisation Committee exercising its delegated powers) the duty to consider the suspension of any member or branch suspended for more than 4 weeks where such suspension has not been considered by the NEC or the Development and Organisation Committee in the last 4 weeks and, as it thinks fit, remove or continue the suspension.
Intent: the NEC must receive regular reports on suspensions so it can monitor those suspensions and progress of investigations
Rationale:
* There has been inconsistency in written reports provided, suspensions appearing to drag on for too long a time, or there being insufficient progress reported. This would ensure that there is regular monitoring of suspensions so they may not continue without clear justification.
* It is entirely normal to review suspensions, and this would be the case with employers we deal with.
* This would protect lay members from overly long suspensions which appear equivalent to sanctions
* This would allow the NEC to better protect the welfare of lay members who are suspended, which should be a paramount concern
Resolution 6: Pursuant to Rules C.2.4, C.7.1.1, D.2.1 and D.2.2.4, the NEC directs that any member holding elected office within the Union or holding an elected seat on a Committee of the Union who is dismissed by their employer shall, on notifying the General Secretary within one month of such dismissal, continue to be a member of the union from the date of dismissal until such time as the NEC decides otherwise or the member resigns from the union, and whilst such a member shall be entitled to hold office in the union and, in particular, shall continue to hold every office and sit on every Committee in the union to which they have been elected or appointed for the remainder of the term of such office or seat, unless and until the NEC decides otherwise or the member resigns from such office or seat.
Intent: To ensure that the NEC can effectively discharge its power under Rule C 7.1.1.
Rationale:
* We are a union that supports its activists should they go through a dismissal process.
* We want elected union officers and committee members to know this so we will need to communicate this new process to activists so they both understand the process and know that as a union, we have their back, particularly where they may be victimised by their employer.
* If a dismissal turns out to be fair, the membership can be terminated as normal.