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THE CONSTITUTION : TABLE OF CONTENTS
1. Name
2. Objectives
3. Members
4. Register of Members
5.
Membership Rights and Obligations
6. Subscriptions
7. General Meetings
8. Executive Meetings
9.
Composition of the Executive Committee
10.
Ordinary Members of the Executive Committee
11. President
12. Trustees
13. Removal from Posts
14. General Secretary
15. Staff
other than the General Secretary
16. Finance
17. Rules
18. Schedules
19.
Authorisation for Industrial Action
20. Ballots
21. Complaints Procedure
22. Interpretation of
Rules
23. Validation
24. Voting
25. Health and Safety
Committee
26. Dissolution
SCHEDULES
1. Nomination and Election of Ordinary Members
2. Nomination and Election of President
3. Nomination and Election of General Secretary
4. Electoral Ballots
5. Nominations for Health and Safety
1. NAME
1.1 The name of the association is THE SHIELD GUARDING STAFF
ASSOCIATION (herein after known as the Association). The
registered office is 243-245 KENNINGTON LANE LONDON SE11 5QU.
Meetings will take place here; all communications should be
sent to this address.
2. OBJECTIVES
2.1 The objectives of the Association are the advancement and the
regulation of relations between companies (who employ security
personnel) and their employees; the promotion of common action
by those staff; and safeguarding of the interests of members.
2.2 To act as an independent and autonomous body representing
members in all matters that require statutory provision of
information and consultation between employer and an employee
representative.
3. MEMBERS
3.1 Membership of the Association shall belong to one of the
following categories.
3.1.1 Full membership – eligibility for which is defined in Rule
3.2
3.1.2 Retired membership – eligibility for which is defined in
Rule 3.3.
3.2 Full Members
3.2.1 Full membership is open to all full and part-time
employees of any security company.
3.3 Retired Members
3.3.1 Retired membership of the Association is open to any
person who:-
3.3.1a Has retired at the retirement age (as laid down in their
contract) from the post in which the individual was entitled to
be a full member of the Association; or
3.3.1b The Executive Committee decides who should qualify for
other reasons.
3.4 Changes in Membership Status
3.4.1 Membership of a particular category ceases at the end of
the month in which the member becomes ineligible for that
category. Membership may continue in another category for which
the member is eligible.
3.5 Termination of Membership
3.5.1 Membership shall terminate automatically from the
termination of employment with the company (with whom they are
employed, [see Rule 3.5.4]) other than retired membership (Rule
3.3).
3.5.2 A member may terminate their membership at any time. They
must give at least 28 days notice in writing to the General
Secretary. The member may not terminate their membership in the
winding up or dissolution of the Association.
3.5.3 Any member who is transferred to another company, under
TUPE, may stay as a member of the Association.
3.5.4 A member can decide, if they desire, to stay as a member
of the Association (known as Associate Member). This would be
dependent on setting up of a Direct Debit.
4. REGISTER OF MEMBERS
4.1 A register of members shall be maintained. This will consist
of the members’ names and addresses, and will be kept by the
General Secretary. The register shall be available for
inspection at an agreed time and place. A request to inspect the
register must be in writing, giving at least TEN days notice, to
the General Secretary. This is subject to the Data Protection
Act.
5. MEMBERS RIGHTS
AND OBLIGATIONS
5.1 The rights and obligations of members of the Association
shall include the following, subject to the other requirements
of the Rules.
5.2 All members are entitled to receive a copy of the Rules and
any revisions free of charge. All other publications of the
Association are available to members. This will be subject to
conditions as determined by the Association in a General Meeting
or Annual General Meeting or by the Executive Committee.
5.3 Members may stand as candidates for election to positions in
the Association.
5.4 Members are entitled to take part in electoral ballots
conducted under Schedule 4.
5.5 A member who resigns in writing ceases to be a member of the
Association once the General Secretary has received the letter
of resignation.
5.6 A person who is expelled from the Association may resume
membership only by resolution of the Executive Committee.
5.7 A member who incurs personal liability to a third party
while acting with due authority under the Rules on behalf of the
Association, shall be entitled to be indemnified by the
Association in respect of such liability (the “Trade Unions and
Labour Relations (Consolidation) Act 1992 refers to this).
6. SUBSCRIPTIONS
6.1 The amount of monetary subscription shall be such an amount
as determined by the Executive Committee from time to time.
Changes in subscription rates may be decided by the Executive
Committee. This will be resolved at any committee meeting,
subject to a simple majority of those voting, to provide changes
to the rates.
6.2 Subscriptions are payable as follows: (a) every four weeks
for those who are hourly paid, (b) every calendar month for
salaried staff, (c) by standing order, or (d) by cheque (made
payable to “The Shield Guarding Staff Association”).
6.3 Members who are hourly paid, or are salaried staff can have
their subscription stopped from their pay at source.
7. GENERAL MEETINGS
7.1 Annual General Meeting.
7.1.1 There shall be an Annual General Meeting of the
Association each year. This is in addition to any other meetings
in that year. Not more than fifteen months shall elapse between
the date of one AGM of the Association and that of the next.
7.1.2 The minimum number of people who attend an AGM will be
FIVE.
7.2 Extraordinary General Meetings
7.2.1 A minimum of 28 Days notice must be given of any
Extraordinary General Meeting of the Association. An EGM shall
be summoned by the General Secretary. This shall be at the
request of the Executive Committee, or a request specifying
business to be transacted by not less than 20 members.
7.3 Emergency Meetings of the Association
7.3,1 In the event of an emergency, of which the President shall
be sole judge, the President may decide that an Emergency
Meeting of the Association shall be convened for a specific
purpose instead of an EGM. A minimum of seven days notice be
given of any Emergency Meeting of the Association.
7.4 Quorum
7.4.1 A quorum for all meetings of the Association shall be 5
Members. If a quorum is not present at such a meeting, the
meeting shall be adjourned to a date, not less than 14 days or
not more than 28 days later, when the members present shall form
the quorum.
7.5 Procedures
7.5.1 The business at meetings of the Association shall be
regulated by the Association procedures. The Executive Committee
may revise the procedures subject to the Rules.
7.6 Voting at Meetings of the Association
7.6.1 Every question shall be decided by a simple majority of
the votes cast, except where otherwise provided within the
Rules. The President, or the Vice Chair, shall have a vote, and
in the event of a tied vote, a second casting vote.
7.7 Minutes
7.7.1 Minutes of the resolutions and proceedings of the
Association shall be kept. Copies shall be made available to
members of the Association.
8. EXECUTIVE COMMITTEE
8.1 Function
8.1.1 There shall be an Executive Committee, which shall be
responsible for the execution of policy and, within the Rules,
for all aspects of the conduct of the Association including the
general administration of the Association. It shall be the
general duty of the Executive Committee to gather and, where
appropriate, disseminate information to members.
8.1.2 The Executive Committee shall appoint an Honorary
Treasurer, who need not be an elected member. If not an elected
member, he will become a member ex-officio on appointment. The
Honorary Treasurer, together with the President, the General
Secretary and the other members of the Executive Committee shall
be the officers of the Association.
8.2 Standing Orders
8.2.1 Subject to the Rules, the Executive Committee may
determine its own Standing Orders to govern how its meetings are
convened and how its powers under the Rules shall be exercised.
8.3 Quorum and Voting at Meetings
8.3.1 A quorum at all meetings of the Executive Committee shall
be FOUR.
8.3.2 Every question shall be decided by a simple majority of
members present and voting. The person in the chair shall have a
vote and, in the event of a tied vote, a second casting vote.
8.3.3 Any member who cannot attend an Executive Committee
Meeting or any other meeting may cast his vote by proxy. This
proxy vote may be given to a nominated person only after any
question on the agenda has been given to the person. The person
who has a proxy vote of an Executive Committee member may not
debate the point on behalf of the absent member.
8.4 Sub-Committees
8.4.1 The Executive Committee may establish sub-committees of
it’s members, and may delegate its powers and functions under
these rules to such sub-committees between its meetings. The
quorum of a sub –committee shall be THREE.
8.5 Minutes of Executive Committee Meetings
8.5.1 Minutes shall be kept of resolutions and proceedings of
the Executive Committee and every Sub-Committee to which any of
its powers have been delegated.
9.
COMPOSITION OF THE EXECUTIVE COMMITTEE
9.1 The Executive Committee shall consist of not more than SEVEN
members as follows: President of the Association (as defined in
Rule 11.1), General Secretary (as defined in Rule 14.1),
Honorary Treasurer (as defined in Rule 8.1) and up to FOUR
Ordinary Members.
10.
ORDINARY MEMBERS OF THE EXECUTIVE COMMITTEE
10.1 Term of Office
10.1.1 Four Ordinary Members of the Executive Committee shall be
elected to serve for a term of SEVEN years; commencing on the 1st
April following the election or, on such other date as may be
determined by the Executive Committee.
10.2 Nominations
10.2.1 The procedures governing the nominations of candidates to
stand for election as Committee Members are in Schedule 1.
10.3 Eligibility
10.3.1 Any member of the Association who is nominated in
accordance with Schedule 1 may be a candidate to stand for
election as an Ordinary Member of the Executive Committee other
than:
10.3.1a A Member who will be an Officer of the Association on
1st April following the election ,or on such other date as may
be determined by the Executive Committee; or
10.3.1b A member who will be a Trustee of the Association on 1st
April following their appointment or on such other date as may
be determined by the Executive Committee; or
10.3.1c A member who is ineligible by virtue of Rule 21.
10.3.2 No person who would, on being elected, have completed
FOURTEEN
years continuous service as an Ordinary Member of the Executive
Committee is eligible to serve again as an Ordinary Member,
unless there is an interval of ONE year.
10.3.3 Any person, who is an Ordinary Member of the Executive
Committee, may not sit in any meeting, or a disciplinary, as a
work colleague with any Non-member of the Association.
10.4 Casual Vacancies
10.4.1 Casual Vacancies may be filled by elections held under
the provision of this Rule. The term of office for casual
vacancy so filled, shall be until the original term was due to
expire.
10.5 Uncontested Election
10.5.1 If, in any year, the number of eligible candidates to be
Ordinary Members of the Executive Committee does not exceed the
number of vacancies, the General Secretary shall, on the first
working day in February (or such other date as determined by the
Executive Committee), declare elected the eligible candidates.
10.6 Ballot of the Membership
10.6.1 If, at the beginning of January (or such other date as
determined by the Executive Committee), there are more eligible
candidates than vacancies; a ballot of members will be held.
This is to be concluded by the end of February (or such other
date as determined). Schedule 4 applies to the conduct of any
such ballot.
10.7 Termination of Executive Committee Membership
10.7.1 A member of the Executive Committee may resign, and a
prospective member, or a candidate standing for election, may
withdraw by giving notice in writing to the General Secretary.
10.7.2 Membership of or candidature for, the Executive
Committee, shall terminate upon cessation of membership of the
Association, or as provided by Rule 13 or Rule 21.
11. PRESIDENT
11.1 Number
11.1.1 There shall be one President of the Association elected
from members of the Association.
11.2 Term of Office
11.2.1 The President shall hold office for SEVEN years,
commencing on 1st April following election (or such other date
as determined by the Executive Committee).
11.3 Eligibility
11.3.1 Any member of the Association nominated in accordance
with Schedule 2, may be a candidate to stand for the vacancy of
President. The candidate must not hold another office or be a
Trustee of the Association on the 1st April of the following
year.
11.3.2 The person, who is President, cannot attend any meeting,
or disciplinary hearing, as a work colleague for a Non-member of
the Association.
11.4 Nomination
11.4.1 The procedure governing the nomination of candidates to
stand for election to the office of President is contained in
Schedule 2.
11.5 Uncontested Election
11.5.1 If there only one eligible candidate in any year for the
vacancy, the General Secretary shall, on the first working day
in February (or such other date as determined), declare the
eligible candidate elected.
11.6 Ballot of Membership
11.6.1 If, at the end of January, there is more than one
eligible candidate for the vacancy, a ballot of members will be
held to be concluded by the end of February of that year.
Schedule 4 applies to the conduct of the ballot.
11.6.2 Counting of votes cast in this ballot, under this Rule,
will take place before any other ballot held under Schedule 4
over the same period.
11.7 Termination of Office
11.7.1 The President may resign, and a prospective Presidential
candidate standing for election, may withdraw, by written notice
to the General Secretary.
11.7.2 Tenure of the Presidency terminates if the holder ceases
to be a member of the Association as provided by Rule13 or Rule
21.
11.8 Casual Vacancy
11.8.1 When any casual vacancy in the office arises, Schedule 1
shall apply, saving that no election shall be held to fill a
casual, where the election could not be completed before the
expiry of the normal period of the office.
11.8.2 Persons elected under the Schedule to fill a casual
vacancy, shall serve as long as is normal for the officer
concerned. The term beginning on whichever date is the later,
between the date the vacancy arises and the date on which the
election result is declared.
11.8.3 Pending the filling of the vacancy which may exist, or
during the temporary absence or incapacity of the President, the
Executive Committee have the discretion to delegate the relevant
powers and duties to any member of the Association. Any person,
who is not already a member of the Executive Committee, shall
not have the right to vote at meetings.
12. TRUSTEES
12.1 Number of Trustees
12.1.1 There shall be no more than TWO Trustees of the
Association, who will serve SEVEN years, from 1st April
following their appointment.
12.2 Eligibility
12.2.1 The President, in line with the law on Trustees (the
“Trustees Act 1925” refers to this), shall appoint two Trustees.
These can be serving members of the Executive Committee, or, if
no one from the Executive Committee wishes to take this
position, then two can be appointed from the membership of the
Association.
12.2.2 No person who would on taking office, having served TEN
years shall be appointed again, unless the President deems
otherwise.
12.2.3 Any person serving as a Trustee, shall not attend any
meeting, or a disciplinary hearing, as a work colleague of a
Non-member of the Association,
.
12.3 Nominations
12.3.1 Any person who wishes to act as a Trustee, must submit
their reasons why they wish to be considered for this post, in
writing, to the President.
12.3.2 Once the nominations have been received by the President,
he shall consider them and give his decision at the next
Executive Meeting.
12.4 Termination of Trusteeship
12.4.1 A Trustee may resign, or a prospective candidate standing
for nomination may withdraw, by writing to the President, who
will take their name off the list.
12.5 Trusteeship in Special Circumstances
12.5.1 This Rule applies if the number of Trustees falls beneath
two. Any Trustee, who retires from work, may continue as a
Trustee. The retired person may wish not to carry on, but can be
requested to do so whilst nominations of the membership are
carried out for the position.
12.5.2 If there are more than two Trustees serving under
Rule12.1, then the President shall immediately remove them.
12.5.3 If a Trustee continues in office under Rule 12.5.1,
assumes office under Rule 12.3, or is removed under Rule 12.5.2,
the President and the General Secretary must inform the
Executive Committee of the fact and the reasons for it.
12.6 Rights of a Trustee
12.6.1 Trustees of the Association shall receive notice of the
agenda and be entitled to attend and speak at every meeting of
the Executive Committee. This shall be in relation to any
subject concerning finance and property. Trustees can only vote
on those matters and nothing else.
13. REMOVAL FROM POST
13.1 The President and the Executive Committee, or any
individual member of the Executive may be removed from office by
a resolution at an Ordinary or an Emergency Meeting of the
Association.
13.2 The proposal for such resolutions must be supported in
writing by not less than Twenty members. In the event that there
are fewer than Twenty members in the Association, then it must
be by 75% of the membership.
13.3 The terms of the proposed resolution should have been
notified to the General Secretary not less than Twenty-eight
days before the Ordinary or Emergency Meeting takes place.
13.4 The General Secretary must notify members of the proposed
resolution at least Twenty-one days before a meeting takes
place.
13.5 The Association must provide for the election of members to
replace the President and Ordinary Members of the Executive
Committee and for the terms for which those so elected are to
serve.
13.6 Whilst there is no Executive Committee entitled to
discharge the functions of that Committee, the General Secretary
may empower sufficient persons to act temporarily as members of
that committee.
13.7 Until the Association has done so in an Ordinary or an
Annual General Meeting, the Trustees shall discharge the
functions of the Executive Committee. The Trustee, who has the
longest service, shall discharge the functions of the President
and Treasurer.
14 .GENERAL SECRETARY
14.1 Name and Duties
14.1.1 There shall be a General Secretary of the Association who
is a full-time or part –time official of the Association elected
in accordance with the Rules.
14.1.2 The General Secretary is responsible for the duties
specified by the Rules and by the authority of the Executive
Committee.
14.2 Term of Office
14.2.1 Except, as otherwise specified in the Rules, the General
Secretary shall hold office for TEN years. This shall commence
on 1st April following an election or such other date (as may be
determined by the Executive Committee) and may be re-elected for
further terms of office.
14.3 Nomination
14.3.1 The procedures governing nominations of candidates to
stand for election to the office of General Secretary are in
Schedule 3.
14.4 Persons who are Ineligible
14.4.1 The post of General Secretary may not be held
concurrently with any other position within the Executive
Committee.
14.5 Application for Nomination from the President
14.5.1 If the President agrees to be nominated for election as
General Secretary such nomination shall not be valid, unless the
President has notified the Executive Committee of his intention
to stand for the position, prior to the nomination being
submitted.
14.5.2. If the Executive Committee receives such notification it
must appoint another of its members to perform the function of
the President under this Rule and Schedule 3. This Rule applies
equally to any person performing the functions of the President
under Rule 11.8.
14.6 Conditions of Appointment
14.6.1 The terms and conditions on which the Association will
employ a person elected to the post of General Secretary, shall
be determined by the Executive Committee. These will be subject
to the Rules and must be agreed before the election, but not
later than the January of the year in which the election is
going to take place.
14.6.2 Once determined, they may be varied only by mutual
agreement of the person who is elected as General Secretary and
the Executive Committee.
14.6.3 Subject to the Contract of Employment, the appointment of
the General Secretary may be terminated by the Executive
Committee at any time.
14.7 Uncontested Election
14.7.1 If in any year in which nominations have been sought,
there is only one eligible candidate, the President shall
declare that the candidate be elected as soon as practicably
possible.
14.8 Ballot of Membership
14.8.1 If in any year for which nominations have been sought,
and there is more than one eligible candidate for the post, a
ballot shall be held. This is to be concluded by the beginning
of February of that year (or such other date as determined).
Schedule 4 applies to this ballot.
14.9 Casual Vacancy
14.9.1 The Executive Committee must make the following
arrangements to fill a casual vacancy that arises in the post.
If an election is scheduled to take place within eight months of
the vacancy arising, this Rule will not apply.
14.9.2 The Executive Committee shall arrange for an election to
take place. This must take place within eight months of the
casual vacancy arising (or within such date as determined).
14.9.3 The Executive Committee shall determine appropriate
amendments to the timetable contained in the Rules for election
to this post. These amendments shall be regarded as if they were
incorporated in the Rules.
14.10 Casual Vacancy: Term of Office
14.10.1 The term of office of a person elected to fill a casual
vacancy will begin as soon as possible after the election. It
will end on the 31st March, as soon as a permanent General
Secretary is elected. This must be within Four years.
15. STAFF
OTHER THAN GENERAL SECRETARY
15.1 Powers to Appoint Staff
15.1.1 The Executive Committee has powers to appoint staff,
other than the General Secretary, to perform duties as required
by them. These may also be delegated to the General Secretary.
15.1.2 Without Prejudice, the powers delegated under Rule 8.5 or
Rule 15, no person, or group of persons, may enter into a
contract of employment on behalf of the Association. The
Executive Committee are the only persons who have this power.
15.2 Eligibility
15.2.1 Any person, who is appointed under this rule, shall not
be eligible to sit in any meeting, or a disciplinary hearing, as
a work colleague for a Non-member of the Association.
16. FINANCE
16.1 Use of Funds
16.1.1 The funds of the Association shall be employed for any
purpose which will further the aims of the Association. The
Executive Committee will decide this. The Treasurer will be
responsible for keeping proper accounting records.
16.1.2 All cash assets shall be under the control of the
Treasurer. Other property of the Association shall be vested in
two Trustees. All said properties should be dealt with as
legally directed by the Executive Committee. Such a decision
shall be by a resolution, which will be recorded in the
appropriate minutes.
16.2 Assumption of Liabilities
16.2.1 If the Association incurs any liability because of a
member entering into any commitment but without that member
having the authority of the Executive Committee, it will be
entitled to be indemnified for liability that member.
16.3 Inspection of Accounts
16.3.1The accounts of the Association may be inspected by any
person having an actual or contingent beneficial interest in the
funds. This will be subject to reasonable notice being given to
the General Secretary or to such other person as may be
nominated by the Executive Committee.
16.4 Budget
16.4.1 The Association will have an annual budget which the
Treasurer will present to the Executive Committee for its
approval. In certain exceptions the Executive Committee may
allow a budget to be authorised for a longer period.
16.5 Auditors
16.5.1 Professional auditors shall be appointed by the Executive
Committee. A financial statement signed by the auditors shall
be presented to the AGM and published for all members.
17. RULES
17.1 Amendments to the Rules
17.1.1 Subject to Rule 17.1.3 the Executive Committee may make
changes to the Rules, including this Rule, or make additional
Rules as appropriate.
17.1.2 Subject to Rules 17.1.3 and 17.1.4 the Executive
Committee may make amendments as appropriate to the timetable
contained within these Rules. The amendments shall be regarded
as if they were already incorporated into the Rules.
17.1.3 The Executive Committee shall not have the power to alter
Rule 7.1.1, or to alter any Rule to remove any requirements that
are in the Rules for any act to be approved by the Association.
Any such change shall require the approval of the Association at
a formal meeting.
17.1.4 Any other changes shall cease to have effect unless
approved at a meeting of the Association, but no later than the
next AGM following the introduction of the change.
18. SCHEDULES
18.1 Subject to Rules 17.1.3 and 17.1.4, any Schedule or
Appendix to the Rules may be amended by the Executive Committee.
19.
AUTHORISATION FOR INDUSTRIAL ACTION
19.1 Powers
19.1.1 The Executive Committee has the power to authorise or
endorse industrial action. Such action shall be subject to a
ballot being carried out as required by law (Trade Union and
Labour Relations (Consolidation) Act 1992 Pt. V. sec 226-235).
19.1.2 No other body has the power to authorise any industrial
action, unless it been explicitly delegated to it in accordance
with Rule 8.5.
20. BALLOTS
20.1 Decision to Hold a Ballot
20.1.1 At the request of the Executive Committee the General
Secretary shall supply a list of names and addresses of members
that may be required to enable ballots to be held. Reasonable
notice must be given and in accordance with these Rules.
20.1.2 The Executive Committee may appoint such person to
conduct the nomination and ballot process as it may designate.
20.1.3 The conduct of any ballot, whether or not held under this
Rule, must ensure, so far as reasonably practicable, that those
voting may do so in secret, and that every member who is
entitled to vote may do so without interference or constraint
imposed by the Association or any of its members, officials or
employees.
20.1.4 Unless otherwise stated, the following provisions of this
Rule apply subject to Rule 24 and to any ballot that is
regulated by any of the Rules 10, 11, 12, and14.
20.2 Independent Scrutineer
20.2.1 Before any ballot is held the Executive Committee shall
have contracted an independent scrutiniser to carry out the
ballot. This can be a suitable qualified person or corporate
body. This will be in accordance with the law governing it and
this Rule.
20.2.2 If a scrutineer, who is contracted under Rule 20.2.1, is
unavailable, ineligible or fails to perform its function
properly in the sole view of the Executive Committee, then the
Committee must remove that scrutineer and appoint a successor.
20.3 Ballot Preparation
20.3.1 Before a ballot commences, the Executive Committee must
make the following decisions.
20.3.2 A majority of those voting to achieve a positive result.
20.3.3 The latest date by which the ballot material shall be
dispatched.
20.3.4 The closing date for receipt of ballot forms. If any
ballot forms are received after this date, they will be invalid;
however, if the scrutineer, during the course of a ballot,
determines that there is material to show that the ballot may be
invalid, then the Executive Committee can decide to extend the
closing date. In the event of this occurring, in so far as
reasonably practicable, then all members entitled to participate
in the ballot will be informed
20.3.5 The date on which the counting of votes will begin, must
be no later than FIVE days after the closing date. If the
independent scrutineer states in writing that it is
impracticable for the count to begin on that date, then the
count must begin on a date specified by the scrutineer. This
must be not more than SEVEN days later than the original date or
date as determined by the Executive Committee.
20.4 Ballot Material
20.4.1 Ballot material shall contain the following items:
a. A ballot form.
b. A list of nominees and their
qualifications, or
c. Other material requiring a vote of the
membership.
d. A return addressed envelope.
20.4.2 Ballot materials shall be sent to all members entitled to
vote.
20.4.3 All ballot papers must be returned by post to the
independent scrutineer.
20.5 Ballot Results
20.5.1 The result of any ballot held under this Rule will be
published in the manner specified (see Schedule 4 paragraph
8.2). This will be in accordance with directions of the
Executive Committee.
21. COMPLAINTS PROCEDURE
21.1 Basis for Complaining
21.1.1 A member may notify the General Secretary of a complaint
against the Association or another member.
21.1.2 It may show that the Association or the member has acted
contrary to the Rules of the Association.
21.1.3 It may show that the Association or the member has
undertaken, or knowingly aided any other person in deliberate
action or omission, which would constitute discrimination in any
part of the United Kingdom, on the grounds of sex, race, sexual
orientation, gender, disability, age, religion or political
persuasion.
21.1.4 Misused or misappropriated funds or property of the
Association.
21.2 Complaints
21.2.1 Complaints, in respect of any of the matters covered in
Rule 21.1 against any person employed by the Association will be
dealt with, in accordance with the terms and conditions of their
contract and not otherwise.
21.2.2 Notice of the complaint must be submitted in writing to
the General Secretary and signed by the complainant(s).
21.2.3 Notice of the complaint must specify the Rule and
paragraph under which the body or person is culpable. It must
also contain written statements from any witnesses and any
substantiating documents. Any further documents will only be
admitted if in the opinion of the General Secretary, (a) they
could not be produced at the date of the notice, or (b) are
requested by the body authorised to conduct the hearing.
21.3 Penalties
21.3.1 Following consideration of the case under this Rule the
Executive Committee may dismiss the case if it decides that the
complaint was not valid, or the breach of Rules is not
sustained. If it concludes that the complaint is upheld, it will
act in accordance with Rule 21.3.2-7 inclusive.
21.3.2 If the Executive Committee decides that the complaint is
substantiated it is empowered to impose one or more penalties.
21.3.3 Reprimand by the Executive Committee. This includes an
instruction to comply with the Association Rules within a
specified period of time as specified by the Executive
Committee.
21.3.4 Fined by the Executive Committee.
21.3.5 Removal from any or all representative positions held in
the Association and suspension from eligibility for such
positions for whatever period the Executive Committee decides.
21.3.6 Suspensions of the right to members’ benefits as the
Executive Committee may prescribe for whatever period.
21.3.7 Expulsion from the Association.
22. INTERPRETATION
OF THE RULES
22.1 Annotations
22.1.1 Copies of Rules distributed to members may be annotated
in such a manner as the Executive Committee may authorise, but
in interpreting a Rule, regard shall not be had to any
annotation.
22.2 Meanings of Numbers Written in Words
22.2.1 Words importing the singular number shall, unless the
context otherwise requires, include the plural and vice versa.
23. VALIDATION
23.1 No act done in good faith under the Rules by the
Association in Ordinary, Extraordinary, Emergency or Annual
General Meeting, by the Executive Committee, an Officer or any
other person or body shall be invalidated only because of the
subsequent discovery of default in or the expiry of their
appointment.
24. VOTING
24.1 Votes
24.1.1 Every member shall have the right to vote on a one member
one vote.
24.1.2 This Rule will not apply in the case of elections, only
to meetings.
24.1.3 The only member to have two votes is the President of the
Association. The President can only use his second or casting
vote in the event of dead heat.
24.2 Vote by Proxy
24.2.1 If the member is indisposed the member may give his vote
to another member. He must notify the General Secretary, in
writing, at least Four days in advance of a vote. This applies
to meetings only.
25. HEALTH AND
SAFETY COMMITTEE
25.1 Object
25.1.1 The object of the Health and Safety Committee is to
investigate any health and safety concerns that the membership
may bring before them.
25.1.2 All concerns must be put in writing. This committee must
then report to the Executive Committee.
25.2 Eligibility
25.2.1 This committee shall be formed from members of the
Association, by submitting an application in writing to the
General Secretary.
25.2.2 A person who is elected to this committee will be
required to take a Health and Safety Course.
25.2.3 The number of members to serve on this committee shall
not be greater than Five, but not less than Three.
25.2.3 No person, who is a member of this committee may not sit
in on any meeting, or a disciplinary hearing, for any Non-member
of the Association.
25.3 Term of Office
25.3.1 This committee shall not be limited to a fixed term of
office unless a member decides to resign or retire.
25.3.2 If a member resigns or retires the member may be
requested to stay as a committee member until another person is
elected.
25.4 Investigations
25.4.1 Investigations shall be carried out in a responsible
manner. No investigation will be at the detriment of the client
or the company where the member is employed.
25.4.2 All investigations will be documented, the original to be
retained, by the committee and two copies produced; one for the
firm concerned, along with any recommendations, and the other
for the company of the members employer.
25.4.3 All investigation requests must be brought to the
attention of the General Secretary who will notify the
appropriate manager of the firm concerned.
26. DISSOLUTION
26.1 The Association may be dissolved by the following
procedures.
26.2 A resolution for a ballot of the members for dissolution of
the Association shall be submitted in writing to the Executive
Committee in accordance with the Rules.
26.3 The resolution shall require at least the support of
three-quarters of the members at an Ordinary Meeting, to be
approved.
26.4 On passing such a resolution, in accordance with the above,
a ballot of dissolution shall be taken by the whole members of
the Association.
26.5 If at least three-quarters of the members voting in such a
ballot vote in favour of dissolution, then the Association shall
be dissolved within Twelve months from the date of the result of
the ballot.
26.7 Any resolution proposing dissolution of the Association
shall deal with all matters requiring determination under these
Rules.
26.8 The Executive Committee is responsible for affecting the
procedures for and carrying out the ballot for dissolution. This
will take place after the vote taken at a meeting of Association
in accordance with this Rule.
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This online version of The Constitution was last updated on
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