Branch rules

PCS Home Office Merseyside Branch rules (last revised 2019)

Name & Objects: Rules 1 & 2

Rule 1

The name of the Branch shall be “Home Office Merseyside Branch” (hereinafter referred to as “the Branch”) of “The Public and Commercial Services Union” (hereinafter referred to as “the Union”).

Rule 2

The objects of the Branch shall be:

(a) To protect and promote the interests of its members.

(b) To regulate the relations of its members with the employing body, in any matter whatsoever.

(c) To protect and promote the service(s) in which members are employed.

(d) To regulate and improve the conditions of employment of its members.

(e) To help to recruit and retain members, and to collect and remit subscriptions where applicable.

(f) To co-ordinate the views of its members, and to take action on matters of Branch interest.

(g) To arrange the distribution or sale of Union circulars and literature.

(h) To render such returns of information as the National Executive Committee or the Group Executive Committee may from time to time require, and to generally assist the National Executive Committee and the Group Executive Committee in compliance with the rules and constitution of the Union.

(i) To oppose discrimination based on race, creed, religion, sex, sexual orientation, age or disability.

Membership: Rule 3

Rule 3

All persons who are members of the Union in accordance with Section 3 of the Supplementary Rules of the Union and who are employed by the Home Office in Merseyside, with the exception of members in HM Passport Office and Disclosure and Barring Service shall be deemed to be members of the Branch.”

Organisation & Management: Rule 4

Rule 4

The management of the Branch shall be vested in the Annual General Meeting, Extraordinary General Meetings, Special General Meetings, the Branch Executive Committee and the Officers of the Branch.

Members' Meetings: Rules 5 - 13

Annual General Meetings

Rule 5

The Annual General Meeting shall be held no earlier than 1 January and no later than the last day allowed for the submission of motions and nominations to the Union's Annual Delegate Conference. No quorum shall be required.

Rule 6

The Annual General Meeting shall:

(a) Receive the Annual Report, Financial Report and audited Statement of Accounts.

(b) Where necessary, elect the officers, Branch Executive Committee, auditors, nominations for the Group Executive Committee, National Executive Committee, and (where and when applicable) Branch delegates to the Union's Annual Delegate Conference for the coming year.

(c) Determine Branch policy for the ensuing year.

(d) Consider motions and nominations submitted by the Branch Executive or by individual members.

(e) Where agreed at a previous Branch General Meeting, convey Life Membership of the Branch to any Branch member; in recognition of exceptional service to the Union, and in accordance with Section 3 of the Supplementary Rules of the Union.

Rule 7

A Notice convening the Annual General Meeting, along with the Annual Report, Financial Report and audited Statement of Accounts, shall be circulated to members by the Branch Secretary not later than 28 days before the meeting. Written notice of motions and nominations for inclusion in 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 accepted submitted less than 14 days before the meeting should only be accepted as emergency motions, at the discretion of the Chairperson.

Rule 8

Each member attending the Annual General Meeting, subject to the Rules of the Union, may vote on matters put to the meeting for decision. Voting shall be by a show of hands. In the event of an equality of votes both for and against a proposal, the Chairperson shall have a casting vote.

Rule 9

The BEC may not make any nomination for election as Branch officer, BEC member, Equality Committee member, Branch auditor, delegate to the Union or Group Delegate Conference, or scrutineer.

Rule 10

In the case of elections conducted at the Annual General Meeting, each member shall have one vote for each of the positions 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.

Mandate Meetings

Rule 11

General Meetings shall be convened by the Branch Secretary to mandate delegate(s) on the business of the Group Annual Meeting and the Union Annual Delegate Conference. The meeting shall be held between the receipt of the booklets detailing Group and Conference motions and the last working day before the Group Annual Meeting and the Union's Annual Delegate Conference. A notice convening the meeting shall be circulated to members not less than 14 days before the meeting. Voting at the meeting shall be on the same basis as the Annual General Meeting. No quorum shall be required.

Special General Meetings

Rule 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 75 members. The request shall be supported by reasons calling for the meeting, together with any proposed motion and names of the mover and seconder. Discussion at the meeting shall be confined to the items notified on the agenda, which will be circulated to members not less than 7 days before the meeting. Voting shall be on the same basis as the Annual General Meeting.

Extraordinary General Meetings

Rule 13

An Extraordinary General Meeting shall be convened at the discretion of the Branch Executive Committee. Discussion shall be confined to the item(s) notified on the agenda, which shall be circulated not less than 14 days before the meeting. Voting shall be on the same basis as the Annual General Meeting. No quorum shall be required.

Elections: Rules 14 - 16

Rule 14

A Notice announcing the elections for the posts set out in Rule 6(b), inviting the nomination of candidates, shall be circulated by the Branch Secretary to members not later than 28 days before the date of the Annual General Meeting. All nominations, signed by a proposer and a seconder, both of whom shall be members of the Branch, shall be received by the Branch Secretary no later than 21 days before the date of the Annual General Meeting. The Branch Secretary will seek the confirmation of the candidate‟s willingness to stand and will circulate a list of all such candidates no later than 14 days before the date of the Annual

Rule 15

Elections shall be conducted on the basis that all eligible members shall: (a) have an equal entitlement to vote, and (so far as is reasonably practicable); (b) are given equal opportunity to vote, which shall not be conditional on attendance at a meeting; and (c) are able to vote in secret.

Rule 16

The election shall be held at such time as to ensure that the results will be announced at the Annual General Meeting, in accordance with Rule 6 of this Constitution. Should any posts remain vacant following the election, nominations can be sought at the meeting and candidates elected in accordance with Rule 10 of this Constitution.

Branch Officers: Rules 17 - 19

Rule 17

17 (a) The Officers of the Branch shall consist of a Chairperson, Vice-Chairperson, Secretary, Assistant Secretary, Organiser, Assistant Organiser and Treasurer. The Officers shall be elected by secret individual ballot of the members of the Branch.

17 (b) A General Purposes Committee shall be established comprised of the Branch Officers that will be responsible for ensuring the business of the branch is progressed in the periods between Branch Executive Committee meetings.

Rule 18

The Officers, who shall be members of the Branch, shall be elected at each Annual General Meeting, and will take office from the conclusion of the Annual General Meeting at which they are elected until the conclusion of the following Annual General Meeting.

Rule 19

19 (a) The duties to be allocated to each officer shall be determined by the Branch Executive Committee. The Chairperson, Secretary, Organiser and Treasurer shall render a written report to each meeting of the Branch Executive Committee with regard to the business of the office held. The other officers will submit written reports as required by the Branch Executive Committee.

19 (b) The Chair and Secretary, or other officer delegated by them, may attend any sub-committee meeting.”

Branch Executive Committee: Rules 20 - 27

Rule 20

The Branch Executive Committee shall consist of the Officers of the Branch and fifteen other members, elected by secret individual ballot of the members of the Branch.

Rule 21

The Branch recognises the benefits of the composition of the ordinary membership of the Branch Executive Committee reflecting the membership composition of the various workstreams represented by the Branch.

Rule 22

The Branch Executive Committee will normally meet on no more than nine occasions in every twelve month period unless one or more additional emergency meetings should be required. The quorum for meetings of the Branch Executive Committee shall be a simple majority of voting members.

Rule 23

The Branch Executive Committee shall:

(a) Render any assistance to the National Executive Committee and the Group Executive Committee as may be required, in accordance with the Union‟s rules.

(b) Appoint such sub-committees as may be deemed necessary.

(c) Appoint at least one Health and Safety representative, who need not be a member of the Branch Executive Committee.

(d) Fill any casual vacancy, which may occur during its term of office:

(i) by calling up the unsuccessful candidate at the last election with the highest number of votes; or

(ii) by holding a by-election.

(e) Co-opt additional members in an advisory capacity, as may be deemed necessary.

(f) Nominate any Branch member for Life Membership of the Branch, for agreement at the next General Meeting; in recognition of exceptional service to the Union, and in accordance with Section 3 of the Supplementary Rules of the Union.

Rule 24

The Branch shall establish an Advisory Committee to consider all Equal Opportunities Issues. The Advisory Committee shall meet no less than once per quarter, and the Branch Officer responsible for Equal Opportunities, shall act as Secretary to the Advisory Committee.

Rule 25

Any member of the Branch Executive Committee absent from three successive meetings, without providing reasons that the Branch Executive Committee considers adequate shall be deemed to have resigned.

Rule 26

The Branch Executive Committee shall conduct the business of the Branch in conformity with the policy of the Union and in accordance with the instruction of the Annual, Special or Extraordinary General Meeting.

Rule 27

The Branch Executive Committee shall render to the Annual General Meeting, a report of its activities during the year, a Financial Report and audited Statement of Accounts. The Annual Report should contain a record of attendance of each BEC member at BEC meetings.

Group Executive Committee: Rule 28

Rule 28

The Branch shall nominate as many candidates for election to the PCS Home Office Group Executive Committee, as allowed by the PCS Home Office Group Constitution.

Annual Delegate Conference: Rule 29

Rule 29

Where applicable, the Branch will elect delegate(s) to the Annual Delegate Conference, in accordance with Rule 6.13 of the Supplementary Rules of the Union.

Auditors: Rule 30

Rule 30

The Branch shall elect a total of two Auditors, who shall not be members of the Branch Executive Committee, and who shall: (a) act as auditors for the Branch Accounts; and (b) act as Scrutineers in the conduct of all Branch elections and ballots.

Finance: Rules 31 - 36

Rule 31

The Financial Year of the Branch shall correspond with that of the Union.

Rule 32

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

Rule 33

The Branch shall receive, from subscriptions, a rebate as determined by Rule 4.14 of the Supplementary Rules of the Union.

Rule 34

A bank account shall be opened, with a bank approved by the NEC, in the name of the Branch, and each cheque thereon shall be signed by the Treasurer and either the Chairperson or Secretary.

Rule 35

The Treasurer shall present for inspection, at each regular Branch Executive Committee meeting, the books of account, the bank pass book, and such other documents as the Branch Executive Committee shall require. The Treasurer shall give a written report to each regular Branch Executive Committee meeting, and give up all books, documents, monies and property of the Union in their possession when required to do so by the Branch Executive Committee.

Rule 36

The Branch Executive Committee shall cause the Branch accounts to be entered regularly in proper books and shall, by 31 January submit accounts for the year ended on the previous 31 December to the Branch Auditors. A Financial Report and the audited Statement of Accounts shall be presented to the Annual General Meeting. A copy shall be sent to the Union's Treasurer as soon as is practical and not later than 31 March.

Constitution: Rules 37 - 40

Rule 37

The interpretation of these rules shall be vested in the Branch Chairperson. Where the rules are silent, the Branch Chairperson shall have the power to give rulings. Such a ruling can only be challenged by:

(a) The carriage of a motion at a Branch General Meeting stating “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 an Officer deputising for the Chairperson. The motion shall be defeated only by a two-thirds majority of votes cast. The decision of the meeting shall be final and binding on all members.

(b) A Branch member, including a Branch Executive Committee member, writing to the Branch Secretary stating the reason(s) for the challenge. The challenge shall require a simple majority of the votes cast at a Branch Executive Committee meeting to be upheld.

Rule 38

The Branch shall be governed by the Union‟s rules and by the Group constitution. Should this Constitution conflict with the Union‟s rules, then the latter shall prevail.

Rule 39

These rules shall not be altered or amended except by a two-thirds majority of votes cast at an Annual, Special or Extraordinary General Meeting, and with the overriding approval of the National Executive Committee.

Rule 40

The Branch shall not be dissolved except by a two-thirds majority of the votes cast at an Annual, Special or Extraordinary General Meeting, and/or by the consent of the National Executive Committee. Upon dissolution, all relevant documents and monies shall be handed over to the Union.