RULE BOOK
2008
Foreword
THE IMMEDIATE AIMS of the Fire Brigades Union are to serve its
members by winning for them the best possible conditions, and to serve
the community by encouraging its members to be skilled at their craft.
THE FIRE BRIGADES UNION recognises that workers, however employed,
can only improve their lot by their own endeavours and organisation.
A richer and fuller life can be achieved only by similar means.
TO THIS END the Fire Brigades Union is part of the working-class
movement and, linking itself with the international trade union and labour
movement, has as its ultimate aim the bringing about of the Socialist system
of society.
Rule 1
TITLE
The Union shall be called and known by the name of: "The Fire
Brigades Union"
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Rule 2
REGISTERED OFFICE
The registered office place of meeting for the business of the Union
shall be at: 68 Coombe Road, Kingston upon Thames,
KT2 7AE.
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Rule 3
OBJECTS OF THE UNION
(1) To organise all those employed under the National Joint Council
Scheme of Conditions of Service for Local Authorities Fire and Rescue
Services and such other categories of employees as determined by the
Executive Council.
(2) To secure unity of action in order to
improve the position and status of members and the service and secure
that the numbers of uniformed employees of fire brigades, members
of the Union and appropriate post holders within the Union, are
as far as reasonably practicable, representative of gender and ethnic
minorities and sexual orientation.
(3) To settle and negotiate differences
and disputes between members of the Union in matters relating to
their Fire Service employment, with employers, Trade Unions, or
other persons.
(4) To liaise and engage with the United Kingdom Government, devolved
administrations and all other levels of government on public services
and related matters, for the purposes of promoting and monitoring
legislation for the benefit of members of the Union and the public we
serve.
(5) To secure that only members of this
Union are employed in roles covered by the National Joint Council
Scheme of Conditions of Service for Local Authorities Fire and Rescue
Services.
(6) To aid and join with other trade unions
or societies having objects similar to any of the objects of this
Union.
(7) To provide legal assistance to members
when matters relating to their employment in the Fire Service or
affecting their interests as employees in the Fire Service are involved.
(8) To further:
(i) political objectives as defined in Section 72 of the Trade Union and Labour Relations (Consolidation) Act 1992, as amended; and
(ii) such other political objectives as the Executive Council may determine from time to time which in its opinion are consistent with the Union’s other objectives.
(9) To administer from the general funds
of the Union such benefit or welfare funds as may be instituted
from time to time by the Executive Council in the interests of the
members of the Union or of any section of the members of the Union.
(10) To administer any scheme or fund which
the Executive Council may set up from time to time.
(11) Where possible it be the policy of
the Fire Brigades Union not to conduct business with any organisations
or in premises of said organisations where such organisations are
unsympathetic to the Labour and Trade Union Movement.
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Rule 4
CATEGORIES OF MEMBERSHIP
The Union shall consist of members in the following categories:
(a) Members employed by Local Authority Fire Brigades under NJC
Conditions of Service, other categories of employees determined by the Executive Council and elected Full Time Officials who shall be known as “Ordinary Members”.
(b) Ordinary Members ceasing to be employed
by Local Authority Fire Brigades or the FBU in accordance with
Rule 4 (a), who desire to continue membership, who shall be known
as "Out of Trade Members".
(c) Members awarded Honorary membership
of the FBU in accordance with Rule 5 (3) who shall be known as
"Honorary Members".
(d) Junior Firefighters employed by Local
Authority Fire Brigades who shall be known as "junior members".
Any reference to the word "member" in these
Rules shall mean "ordinary member" unless otherwise specified.
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Rule 5
CONDITIONS OF MEMBERSHIP AND CONTRIBUTIONS
(1) Ordinary Members
(a) Every person wishing to join the Union
shall be proposed by one and seconded by another member of the Union.
The names of new members shall be reported to the next meeting of
the Brigade Committee concerned.
(b) Any former FBU member wishing to rejoin
the Union shall have his/her application considered by the Branch
concerned and then forwarded to the Brigade Committee.
(i) In the case of any former
member expelled from the Union in accordance with Rule 26, the
Brigade Committee shall consider the application with the recommendation
of the Branch concerned. The Brigade Committee shall then forward
the application to the Executive Council with any recommendation.
The Executive Council shall decide whether the application shall
be accepted. The re-entry fee shall be 50 per cent of the weekly
rate of pay of a firefighter (competent).
(ii) In all other cases, the Brigade Committee
shall decide whether the application shall be accepted and whether
to set any re-entry fee which shall not exceed 25 per cent of
the weekly rate of pay of a firefighter (competent).
(c) The application cards of
persons accepted into membership in accordance with this Rule shall
be forwarded to the Brigade Membership Secretary and then by him/her
to the Head Office of the Union.
(d) The Union shall not knowingly and actively
seek to take into membership present or recent members of another
Union, without the agreement of that organisation.
(e) A person improperly enrolled in the
Union may be excluded from membership by the Executive Council.
(f) The weekly contribution of ordinary
members shall be:
Full time members shall contribute 1 per cent of the Firefighter (competent) rate of pay. Job share members shall contribute half of 1 per cent of a Firefighter (competent) weekly rate of pay. Retained members shall contribute one third of the trade contribution of full time members, plus 3 per cent of the trade contribution of Wholetime members rounded to the nearest penny. Volunteer members shall contribute annually a flat rate fee as set by the Executive Council.
Where members pay by the calendar month the contribution amount payable shall be circulated from the weekly contribution rates.
(g)In Northern Ireland these rates shall be 97 per cent of the
contribution specified in Rule 5 (1) (f), rounded to the nearest
penny. Members in N. Ireland who agree to contribute to the
political fund as provided in Rules 31 and 32 shall pay a levy in
accordance with Rule 32.
(h) A member who wishes to resign from the
Union must do so by written notice to the Brigade Membership Secretary
and cancel any future payments. The resignation taking immediate
effect from the date of receipt.
(2) Out of Trade Members
(a) Members desiring to become "Out
of Trade Members" in accordance with Rule 4 (b) shall be eligible
to continue Union membership by completing an application form and
forwarding it to Head Office not later than 180 days from the cessation
of employment in accordance with Rule 4 (b).
(b) The contribution of Out of Trade Members
shall be £25 per five years.
(c) Such members will be entitled to receive
assistance under Rules 3(3) and 3(7).
(d) Out of Trade Members shall neither hold
office nor have voting rights.
(3) Honorary Members
Honorary membership may be awarded at the discretion of Annual Conference
and/or the Executive Council from amongst persons ineligible for
ordinary membership. A Regional Committee may nominate persons for
this honour.
Honorary membership may be awarded for outstanding service rendered
to the Union and/or to the Fire Service.
Honorary members shall neither hold office nor having voting rights.
(4) Junior Members
(a) The Executive Council shall have power to provide for
the enrolment of junior firefighters (over 16 years of age) into
the Union. Such members shall not be eligible for benefit under
Rule 30 neither shall they be members of the Union's Political Fund.
For the purpose of all other benefits under these rules, junior
members shall be regarded as "ordinary members".
(b) Junior members shall contribute one-third
of the trade contributions of full time members. Junior members
shall become "ordinary members" and pay the full Union
subscription on reaching the age of 18 years.
Where junior members pay by the calendar month the contribution
amount payable shall be calculated from the weekly contribution
rates.
(5) Career Breaks
Members on recognised career breaks shall neither hold office nor
have voting rights.
(6) Payment of Contributions
A member shall pay his/her contributions to the Union by either:-
(i) deduction from salary
at source. or
(ii) Direct Debit.
(7) Each member shall be issued
with a membership card and a copy of the Union Rules.
(8) Any member, except those covered in Rule 5 (9), who permits his/her
contributions to fall three or more calendar months in arrears shall
forfeit all rights and title to the funds and properties of the Union, and
the right to vote in any Union election or ballot. Following consultation
with the Brigade Membership Secretary the Union will notify him/her
that unless his/her arrears are cleared within 3 calendar months, his/her
name will be erased from the membership of the Union.
(9) A member not in receipt of full pay
whilst sick, injured, or on maternity leave shall be exempt from
payment of contributions for such period as he/she is not in receipt
of full pay.
(10) A member who is on a recognised career
break will be exempt from payment of contributions for the first
12 months. Each year thereafter the member will be required to pay
a contribution of £25 per Annum, or part thereof. For the
purpose of this Rule a recognised career break is accepted as an
agreed break from work, which lasts up to 5 years maximum.
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Rule 6
CONSTITUTION AND GOVERNMENT OF THE UNION
(1) The foundation of the Union’s democratic structure shall be the
organisation and representation of all members at their place of work,
uniting them in workplace Branches in pursuit of common aims. The
organisation of members at their workplace Branch shall be
constituted in accordance with Rule 23. In order to build upon this
workplace foundation, Branches shall be collectively organised through
the establishment of Brigade Committees constituted in accordance
with Rule 21.
(2) For the government of the Union there shall be an Annual Conference
and for the general administration of the Union between Annual
Conferences there shall be an Executive Council.
In order to provide the fullest opportunities for the democratic
administration of the Union, the membership shall be divided into 13
Regions as follows:-
(1) Scotland
(2) Northern Ireland
(3) North-Eastern Region
(4) Yorkshire and Humberside Region
(5) North-Western Region
(6) East Midlands Region
(7) West Midlands Region
(8) Wales
(9) Eastern-East Anglia Region
(10) London Region
(11) South-Eastern Region
(12) Southern Region
(13) South-Western Region
The territory included in each Region is set out in the appendix. Only
Annual Conference shall have the power to vary the boundaries of the Regions as it may deem desirable.
(3) To assist in the organisation of our membership and for the better
administration of those affairs specific to particular members, and to
assist the Executive Council to develop strategies designed to ensure
Fairness at Work pursuant to Rule 8 (6)(e) there shall be the following
Committees, each of which shall be directly responsible to the
Executive Council.
(i) A Black and Ethnic Minority Members National Committee.
(ii) A Control Staff National Committee.
(iii) A National Gay and Lesbian Committee.
(iv) An Officers’ National Committee.
(v) A National Retained Committee.
(vi) A National Womens’ Committee.
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Rule 7
ANNUAL CONFERENCE
(1) The supreme government of the Union
shall be vested in the annual Conference, and/or recall conferences
and the decision of which shall be binding on all members.
(2) Delegates to annual conference shall
be elected according to the membership of the Brigade as in June
of the year preceding that in which the Conference is to be held.
Delegates entitlement shall be calculated at the rate of one delegate
per 275 members or part thereof. There shall be a minimum of two
delegates from each Brigade. The method of election of delegates
shall be decided upon by the Brigade Committee.
(3) Members of the Executive Council shall attend Annual Conference by virtue of their office only and shall be allowed to
speak when so nominated to do so on behalf of the Executive Council,
but shall not be eligible to vote.
(4) Full-time Officials of the Union shall attend Annual
Conference by virtue of their office only and shall be allowed to
speak when so nominated to do so on behalf of the Executive Council,
but shall not be eligible to vote.
(5) The Executive Council shall have the power to nominate
further delegates to represent categories of the membership whom
it shall deem to be insufficiently represented at the Conference.
These delegates shall have the right to speak on matters of concern
to their particular membership grouping.
(6) To assist conference to discharge its business, conference
shall establish a Standing Orders Committee which shall consist
of six members.
Two of these members shall be appointed by the Executive Council
and the other four elected from the delegates to annual conference.
This Committee shall appoint one of the four members elected by
Conference to be the chair. The members of the Standing Orders Committee
elected from the delegates to annual conference will serve for four
annual conferences. One member will retire at each conference and
will be eligible for re-election for a further period of four annual
conferences.
(7) The Standing Orders Committee shall, in consultation with the
Executive Council, make the necessary arrangements for the holding
of annual conference and publish details to the membership, including the procedure to be followed by the Brigade Committees and National Sectional Committees in submitting resolutions and amendments to rules.
(8) The Standing Orders Committee shall prepare the agenda
of the conference and submit reports on the order of business from
time to time during the conference.
(9) The quorum for the Standing Orders Committee shall be
50 per cent of the members of the committee elected by the delegates
to annual conference.
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Rule 8
CONSTITUTION AND POWERS OF THE EXECUTIVE COUNCIL
(1) The management of the Union shall be
vested in the Executive Council which shall consist of one representative
from each Region enumerated in Rule 6. In addition, there shall
be elected every four years in accordance with Rule 19 (3), one
Officers representative (Rule 19 (3)(b)), one Control Staff representative
(Rule 19 (3)(c)), one Retained members representative (Rule 19 (3)(d))
and in order to further the Rule 3 (2) Objects of the Union, one
Women members representative (Rule 19 (3)(e)), one Black and Ethnic
Minority members representative (Rule 19 (3)(f)) and one Gay and
Lesbian members representative (Rule 19 (3)(g)).
(2) The President shall preside at the meetings of the Executive
Council.
The Vice-President shall be a member of the Executive Council and
shall preside in the absence of the President.
The National Treasurer shall be a member of the Executive Council.
The General Secretary and Assistant General Secretary shall attend
in an advisory capacity.
Ten voting members shall form a quorum.
(3) Executive Council members shall hold office for four
years. Retiring members are eligible for re-election.
(4) The Executive Council shall meet not less often than
once every three months.
(5) Any member who fails to attend a meeting without offering a
satisfactory reason may be removed from office. In the event of the
enforced absence of a member either through prolonged illness,
removal from office, prolonged family care leave or when the Executive Council post is vacant awaiting election, the Executive Council will appoint a Regional Official, who has been nominated by the Regional Committee from the affected Region, to act in place of that member. This Regional Official shall be afforded full voting rights at the meetings of the Executive Council. In the case of members elected pursuant to Rules 19 (3)(b) – (g), the Executive Council will appoint the Chair or Secretary, who has been nominated by the relevant National Committee.
(6) The Executive Council shall, subject to these rules and to the decision
of Annual Conference, have full power and authority to take such
action as it deems necessary for the conduct of the Union’s affairs and
the realisation of the objects set out in Rule 3. The Executive Council
shall have the following powers that shall not in any way limit its
powers as set out above.
(a) To determine the salaries of all the full time employees of the
Union and to administer arrangements for pension, retirement
and kindred benefits for these employees.
(b) To make levies on members to keep the funds in a solvent
condition.
(c) To make grants or loans to kindred organisations and parties
connected with the trade union movement and, in exceptional
circumstances for services rendered.
(d) To set up where necessary committees to deal with the special
problems or business or special categories of the membership
and to delegate to these committees such of its powers as it
thinks fit, with the exception of the power to dismiss Officials.
(e) To develop strategies designed to ensure fairness at work, health
and safety procedures and educational opportunities. To this end
the Executive Council will maintain a Fairness at Work Advisory
Committee consisting of representatives of the Executive Council and the Regional Fairness at Work Officers. The Executive Council will also ensure that not less than once per year, national meetings of Regional Fairness at Work Officers, Regional Health and Safety Co-ordinators and Regional Education Officers shall take place.
(7) Any member of the Executive Council
may attend any lower committee of the Union "ex-officio".
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Rule 8A
INTERNAL UNION DISCIPLINE:
HONORARY OFFICIALS OTHER THAN EXECUTIVE COUNCIL MEMBERS
(1) (a) The following procedure shall apply
in relation to the following honorary Officials, namely Branch
Officials and committee members, Divisional Officials and committee
members, Brigade Officials and committee members, Regional Officials
and committee members and the Officials and members of the six
National Committees of the Union as per Rule 6 (2).
(b) For the avoidance of doubt:
(i) this Rule applies to any substitute,
deputy or acting Official or committee member, or former Officials
committing an alleged offence when serving as an Official;
(ii) action may be taken simultaneously
under this Rule against every member of a committee.
(2) (a) If the Executive Council member for
a Region believes (which belief he/she may form after conducting
a preliminary inquiry) that an honorary Official as specified
above when holding office in that Region (the defendant) committed
an offence contrary to Rule 26(1), he/she
(i) may suspend the defendant from
all or any office whether currently held or not in the Union;
(ii) shall as soon as practicable send
a written complaint to the General Secretary setting out details
of the defendant’s conduct and reporting any action taken
to suspend the defendant.
(b) If a defendant is suspended under
Rule 8A (2)(a)(i) he/she shall be ineligible to stand for election
to any post within the Union pending the outcome of proceedings
under this Rule.
(c) If an Executive Council member suspends
a defendant he/she may take such steps as he/she considers necessary
to ensure the good management of the Union pending the outcome
of proceedings under this Rule.
(d) Should the election for an office
from which the defendant has been suspended fall due during the
period of suspension then that election shall also be suspended
pending the outcome of proceedings under this Rule, as shall the
election for any other office which the defendant is, or would
be, but for the operation of this Rule, eligible to stand.
(e) A defendant suspended under this Rule
shall not attend or call meetings of the Union or represent the
Union in any capacity as the holder of the office(s) from which
he/she is suspended but may continue to receive such honoraria
and allowances and such Union papers marked "for information
only" as he/she would have received but for his/her suspension. (3) Upon receipt of a complaint under paragraph
(2) above the General Secretary shall convene a meeting (which may
be an ordinary meeting) of the Executive Council in accordance with
Rule 26(5) for the purpose of a hearing to consider the complaint.
In addition to the matters referred to in that Rule the notice of
the meeting sent to the defendant shall also inform him/her that
the proceedings may lead to him/her being permanently debarred from
office in the Union.
(a) If on receipt of a report from the
Executive Council Member for a Region following a preliminary
enquiry, where an Official has pleaded guilty to a minor misdemeanour,
where a reprimand would be deemed a reasonable punishment, the
General Secretary can instruct the Executive Council Member to
issue that reprimand without the matter having to be brought before
the full Executive Council.
(4) (a) Save as appears below the hearing
shall be conducted in accordance with Rule 26(6).
(b) The complainant shall be the Executive
Council member who made the complaint.
(c) The Executive Council shall consider
firstly the disciplinary complaint against the defendant and shall
make a resolution in accordance with Rule 26(3)(e)(i) or (ii).
The penalties available are those set out in Rule 26(3)(f).
(d) Thereafter, if the defendant was subject
to suspension under Rule 8A (2)(a)(i) the Executive Council shall
resolve to:
(i) reinstate the defendant to office
forthwith otherwise terminate any suspension under Rule 8A (2)(a)(i);
or
(ii) debar him/her from holding office
for a specified period; or
(iii) debar him/her from holding office permanently.
For the avoidance of doubt, if a resolution is passed reinstating
a defendant to office, the term of that office will expire on
the same date as if the suspension had not occurred.
(e) As soon as is practicable, the General
Secretary shall notify the defendant in writing of the resolution
of the Executive Council and of any right of appeal.
(f) Any Official who is found guilty of
an offence under Rule 26 (1)
(d), and who is not expelled may be barred
from holding Union Office at any level.
(5) (a) There shall be a right of appeal
from the Executive Council to the Final Appeals Committee, save
in the case of a Regional Official, and the Officials of the six
National Committees of the Union, as per Rule 6(2), when the right
of appeal shall be to Annual Conference if the Executive Council
has expelled the defendant from membership of the Union or debarred
him/her from holding office for a specified period or permanently.
(b) Where the appeal lies to the Final
Appeals Committee, the procedure set out in Rule 26(4) shall apply.
(c)
(i) Where the appeal lies to Annual
Conference, the appeal shall be considered at the meeting (which
may be an ordinary meeting or especially recalled for this purpose
at the discretion of the General Secretary) of the Annual Conference
immediately subsequent to the meeting of the Executive Council
which made the resolution against which the appeal lies;
(ii) the defendant shall submit a Notice
of Appeal to the General Secretary in accordance with Rule 26(4)(c)(ii)
to (iv);
(iii) upon receipt of a Notice of Appeal
the General Secretary shall circulate to delegates to Annual
Conference at least seven days before the start of Conference
(unless it is impractical to do so and then at the earliest
opportunity) a copy of the defendant’s Notice of Appeal
and a copy of the relevant part of the Executive Council minutes;
(iv) at the meeting of Annual Conference
the defendant (or his/her representative) shall be afforded
an opportunity to address the Conference, immediately after
which without debate the President shall put the Notice of Appeal
to the vote either as a whole or in parts at his/her discretion.
The Annual Conference may uphold or dismiss the appeal and may
not substitute its own decision for that of the Executive Council.
The decision of Annual Conference shall be final.
(6) Any resolution of the Executive Council
that may be the subject of an appeal shall not take effect until
either the time limit for appeal has expired and no appeal has been
entered or the appeal has been dismissed. In all other cases, any
decision of the Executive Council shall have immediate effect. If
the defendant was subject to suspension at the time of the Executive
Council hearing, that suspension shall continue until the resolution
of the Executive Council or of any appeal takes effect.
(7) The defendant has the right to representation
under this Rule as set out in Rule 26(7). For the avoidance of doubt,
at any hearing before Annual Conference, only one address to Conference
by either the defendant or his/her representative shall be allowed.
(8) Nothing in this Rule shall prevent a
member of the Union instituting disciplinary proceedings against
an honorary Official under Rule 26 unless proceedings under this
Rule have already commenced in which case no proceedings may be
brought under Rule 26 pending the outcome of proceedings under this
Rule.
(9) Where the post of Executive Council
member is vacant, or the member is absent on long-term sickness
leave, overseas, or for any other reason is not readily contactable,
the General Secretary, or another Executive Council member or Full
Time Official nominated by the General Secretary, may act as if
he/she were the Executive Council member for the Region concerned
under this Rule and all references to the Executive Council member
shall be taken as referring to the member or Official acting under
this paragraph.
(10) (a) Where both (i) and (ii) below apply,
the procedure at (b) shall operate.
(i) The General Secretary has received
a complaint or information that an Honorary Official as specified
in Rule 8A (1)(a) has or may have committed an offence contrary
to Rule 26.
(ii) The Executive Council member for
the Region has been notified of the complaint or provided the
information but has not sent a complaint under Rule 8A (2)(ii).
(b) The General Secretary, or another
Executive Council member or Full Time Official nominated by the
General Secretary, may then act as if he/she were the Executive
Council member for the Region concerned under this Rule and all
references to the Executive Council member shall be taken as referring
to the member or Official acting under this paragraph. Back to Top
Rule 8B
INTERNAL UNION DISCIPLINE:
EXECUTIVE COUNCIL MEMBERS, PRESIDENT AND FULL TIME OFFICIALS
(1) (a) If the Vice-President believes (which
belief he/she may form after conducting a preliminary inquiry)
that an Executive Council member, the President, or a Full Time
Official (the defendant) has committed an offence contrary to
Rule 26(1), he/she:
(i) may suspend the defendant from
all or any office or position he/she holds in the Union;
(ii) shall as soon as practicable send
a written complaint to the General Secretary setting out details
of the defendant’s conduct and action taken to suspend
the defendant.
(b) If a defendant is suspended from
office he/she shall be ineligible to stand for election to any
post within the Union pending the outcome of proceedings under
this Rule.
(c) If the Vice-President suspends a defendant,
he/she may take such steps as he/she considers necessary to ensure
the good management of the Union pending the outcome of proceedings
under this Rule.
(d) If a Full Time Official is suspended under this Rule,
that suspension shall be on full pay.
(e) Should the election for an office from which the defendant
has been suspended fall due during the period of suspension then
that election shall also be suspended pending the outcome of proceedings
under this Rule, as shall the election for any other office for
which the defendant is, or would be, but for the operation of
this Rule, eligible to stand.
(f) A defendant suspended under this Rule
shall not attend or call meetings of the Union or represent the
Union in any capacity as an Executive Council member or Full Time
Official but may continue to receive such honoraria and allowances
and such Union papers marked "for information only" as he/she would have received but for his/her suspension.
(2) (a) Upon receipt of a complaint under
(1) above the General Secretary shall convene a meeting (which
may be an ordinary meeting) of the Executive Council to take place
within 48 hours of the receipt of the complaint by him/her for
the sole purpose of giving a report of the complaint and of the
reasons for any suspension to the Executive Council.
(b) Thereafter the General Secretary shall
convene a meeting (which may be an ordinary meeting) of the Executive
Council in accordance with Rule 26(5) which shall commence within
28 days of the conclusion of the meeting referred to at (2)(a)
above for the purpose of a hearing to consider the complaint.
In addition to the matters referred to in Rule 26(5) the notice
of the meeting sent to the defendant shall also inform him/her
that the proceedings may lead to him/her being permanently debarred
from office in the Union. If the defendant is a Full Time Official
the notice of the meeting sent to him/her shall also inform him/her
that the proceedings may lead to his/her dismissal from the Union’s
employment.
(3) (a) Save as appears below the hearing
shall be in accordance with Rule 26(6).
(b) The complainant shall be the Vice-President.
(c) The Executive Council shall consider
firstly the disciplinary complaint against the defendant and shall
make a resolution in accordance with Rule 26(3)(e)(i) or (ii).
The penalties available to the Executive Council shall be, in
all cases:
(i) a reprimand;
(ii) a fine not exceeding 40 per cent of a firefighter’s
(competent) weekly rate of pay;
(iii) to expel the defendant from membership of the Union;
and additionally
(iv) in the case of a Full Time Official, dismissal,
which penalty may be imposed in addition to (iii) above.
(d) Thereafter, if the defendant was
subject to suspension from office, the Executive Council shall
resolve to:
(i) reinstate the defendant to office
forthwith; or
(ii) except in the case of a Full Time Official, debar
him/her from holding office for a specified period; or
(iii) debar him/her from holding office permanently.
(4) (a) There shall be a right of appeal
from the Executive Council to Annual Conference when the Executive
Council has expelled the defendant from membership of the Union
or debarred him/her from holding office for a specified period
or permanently, or in the case of a Full Time Official, dismissed
him/her.
(b) The procedure for an appeal to Annual
Conference shall be in accordance with Rule 8A(5)(c).
(c) Any Official, as defined by Rule 8B, who is found guilty
of an offence under Rule 26 (1) (d), and who is not expelled,
may be barred from holding Union office at any level.
(5) For the avoidance of doubt:
(i) a decision to reinstate a Full Time
Official either under (3) above or on appeal shall have the effect
of entitling him/her to continuity of employment, pension rights,
back pay, and any other emoluments to which he/she would have
been entitled under his/her Contract of Employment as if he/she
had never been dismissed.
(ii) a decision to reinstate any defendant
to office shall not affect the term of office which shall expire
on the same date as if the suspension had not occurred.
(6) For the avoidance of doubt if the complaint
lies against the Vice-President then references above to the Vice-President
shall be taken as National Treasurer and if the complaint lies against
the General Secretary then references above to the General Secretary
shall be taken as Assistant General Secretary.
(7) Any resolution under this Rule shall
take effect at the same time as provided by Rule 8A(6), save that
any decision of the Executive Council to dismiss a Full Time Official
shall have immediate effect.
(8) The defendant has the right to representation under this
Rule as set out in Rule 26(7), save that if the defendant is a Full
Time Official he/she may be represented by a Full Time Official
if that Official is willing to act as his/her representative.
(9) Nothing in this Rule shall prevent a member of the Union
instituting disciplinary proceedings against an Executive Council
member or Full Time Official under Rule 26 unless proceedings under
this Rule have already commenced in which case no proceedings may
be brought under Rule 26 pending the outcome of proceedings under
this Rule.
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Rule 9
ELECTION OF EXECUTIVE COUNCIL
(1) Candidates for election to the Executive Council must
at the time of nomination and election have a minimum of two years’
continuous membership and be fully paid up members.
(2) Members of the Executive Council shall
hold office for four years on the basis of quadrennial elections.
The quadrennial elections shall take place without regard to casual
vacancies. Where and whenever it is practically possible to do so,
election procedures shall be instituted three months prior to retirement
of an Executive Council member. Retiring members shall be eligible
for re-election.
(3) The procedure for election shall be in accordance with
Rule 19.
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Rule 10
PRESIDENT AND VICE-PRESIDENT
(1) The President shall preside at Annual
and National Conferences of the Union, at meetings of the Executive
Council and at other meetings of the Union as directed by the Executive
Council. By virtue of his/her office he/she shall have the right
to attend and preside at any meetings of the Union. He/she shall
carry out such further functions and duties as are assigned to him/her
by the Executive Council.
(2) In the absence of the President the
Vice-President shall act with the authority of this Rule. The Vice-President
shall also discharge such functions and duties as are assigned to
him/her by the Executive Council.
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Rule 11
ELECTION OF PRESIDENT AND VICE-PRESIDENT
The President and Vice-President shall be elected every four years
in accordance with the procedures laid down in Rule 19. Candidates
at the time of nomination and election must be fully paid up members
and have at least five years’ continuous membership. They
must have served for not less than two consecutive years on the
Executive Council. Retiring holders of offices shall be eligible
for re-election.
Only serving members of the Executive Council shall be eligible
for nomination and election to the position of Vice-President. On
election, the Vice-President will continue to serve as an Executive
Council member and will be subject, on the expiry of his/her normal
Executive Council term of office, to re-election to the Executive
Council, under the procedures laid down in Rule 19.
Should he/she then fail to be re-elected as an Executive Council
member, his/her term of office as Vice-President will terminate
automatically.
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Rule 12
THE NATIONAL TREASURER
The National Treasurer shall be elected every four years in accordance
with the procedures laid down in Rule 19. Candidates at the time
of nomination and election must be fully paid up members and have
at least five years’ continuous membership. They must have
served not less than two consecutive years on the Executive Council.
Retiring holders of the office shall be eligible for re-election.
Only serving members of the Executive Council shall be eligible
for nomination and election to the position of National Treasurer.
On election, the National Treasurer will continue to serve as an
Executive Council member and will be subject on the expiry of his/her
normal Executive Council term of office to re-election to the Executive
Council, under the procedures laid down in Rule 19.
Should he/she then fail to be re-elected as an Executive Council
member, his/her term of office as National Treasurer will terminate
automatically.
(1) It shall be the duty of the Treasurer
to see that the money paid to the General Secretary for the benefit
of the Union is banked from time to time to the credit of the Union.
(2) He/she shall inspect the bank books
and such other books as he/she may desire to see at any time during
office hours to satisfy himself/herself that the Rules relating
to finance are being carried out.
(3) He/she shall render such assistance to the auditors as
they deem necessary.
(4) He/she shall attend all meetings as required by these
Rules.
(5) He/she shall, with the General Secretary, present to
Annual Conference the annual financial statement, and an interim
statement
to each ordinary meeting of the Executive Council.
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Rule 13
THE GENERAL SECRETARY
(1) The General Secretary shall conduct
the business of the Union in accordance with the Rules and act under
the instructions of the Executive Council.
(2) He/she shall devote his/her whole time
to the service of the Union, unless the Executive Council shall
otherwise determine.
(3) He/she shall keep a register of members and enter therein
their names, dates of admission, addresses and contributions paid
and shall keep the same in good order.
(4) He/she shall attend all meetings of the Executive Council
and shall take, or cause to be taken, minutes of the business thereat
transacted, the resolutions proposed and the votes given.
(5) He/she shall be responsible for the finance of the Union
and shall receive a receipt of all monies paid to the Union and
bank the same to the credit of the Union in the Union’s bank.
He/she shall give a receipt or receive a receipt of all monies received
or paid respectively. Together with the Treasurer he/she shall issue
a financial statement to every quarterly meeting of the Executive
Council.
(6) He/she shall, together with the Treasurer, every 12 months
draw up a full report of the income and expenditure of the Union
for the past year from the 1 January to the 31 December which shall
be audited by incorporated auditors engaged by the Executive Council.
(7) He/she shall present to the Executive Council, prior
to Annual Conference, a report of the work of the Union and of the
attendance of members of the Executive Council since the previous
Annual Conference for approval by the Executive Council. After such
approval the report shall be presented to Annual Conference as the
report of the Executive Council.
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Rule 14
ASSISTANT GENERAL SECRETARY AND NATIONAL OFFICERS
The Assistant General Secretary shall assist the General Secretary
in his/her duties and act in his/her absence under the authority
of Rule 13. In order further to assist the General Secretary in
the discharge of his/her duties there shall be elected four National
Officers. The Assistant General Secretary and National Officers
shall act under the directions of the General Secretary in accordance
with the policy of the Executive Council and these Rules.
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Rule 15
ELECTION OF GENERAL SECRETARY, ASSISTANT GENERAL SECRETARY AND NATIONAL
OFFICERS
Those holding office in these positions shall do so for five years,
after which period they shall be eligible for re-election. Candidates
shall, at the time of nomination and election, be fully paid up
members and have at least five years’ continuous membership.
Elections for these positions shall be in accordance with Rule 19.
Holders of these posts may be required by the Executive Council
to relinquish their positions on reaching the age of 60 years. Where
the 60th birthday of any full-time office holder falls within five
years of the date when he/she would normally be due for re-election,
his/her period of office may be extended by the Executive Council
until he/she reaches retirement age.
Where and whenever it is practically possible to do so, election
procedures shall be instituted three months prior to retirement
of any Official to whom this Rule applies.
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Rule 16
THE AUDITORS
(1) The General Secretary’s annual financial statement
and the accounts of the Union shall be audited by incorporated auditors
engaged by the Executive Council.
(2) They shall have access to all books
and papers necessary for the fulfilment of their duties and shall
have such assistance from the Officers and Executive Council as
they may require.
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Rule 17
THE TRUSTEES
(1) Two Trustees elected by Annual Conference shall invest
the funds of the Union as directed. Investments shall be made in
freehold or leasehold property, in organisations associated with
or supporting the Labour movement, or in any investment in which
the Trustees are for the time being authorised by law to invest
trust funds. All investments and deposits shall be in the name of
the Trustees. The Trustees shall be the persons to sue and be sued
on behalf of the Union.
(2) They shall when instructed by the Executive Council authorise
withdrawals from the bank deposit account.
(3) The Trustees shall have the power to examine the accounts
of the Union.
(4) The Trustees shall perform such functions and assume
such responsibilities in connection with their office as are assigned
to them under the Trade Union Act.
(5) In the event that between Annual Conferences one or more
of the Trustees wishes to retire or, in the opinion of the Executive
Council, is unfit to continue acting as a Trustee, whether for medical
or other reasons, those Trustees may be retired by the Executive
Council who shall then appoint replacements. Unless themselves retired
by the Executive Council under this Rule, such replacements shall
serve until the next Annual Conference when their continuation or
replacement shall be determined by Conference.
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Rule 18
REGIONAL OFFICIALS
(1) In each Region there shall be elected
in accordance with Rule 19, a Regional Chair, a Regional Secretary,
a Regional Treasurer and a Regional Official each of whom shall
hold office for four years. In each Section referred to in Rule
22, a National Sectional Chair and a National Sectional Secretary
each of whom shall hold office for four years. Where and whenever
it is practically possible to do so, election procedures shall be
instituted three months prior to the retirement of any Official
to whom Rule 18 (1) and Rule 18 (5) applies. These Officials shall,
through the Executive Council members for their Region or section,
be responsible to the Executive Council for ensuring that their
respective Regional/Sectional Committees discharge their obligations
under these Rules.
(2) The duties of the Regional/Sectional
Chair shall, apart from his/her general duties referred to above,
be to preside at all meetings of the Regional/Sectional Committee
and (in the case of the Regional Chair) the Regional Executive Committee
and to carry out such other duties within the Region/Section as
assigned to him/her by the Executive Council in accordance with
these Rules and the policy of the Union.
(3) Apart from his/her general duties referred
to above, the duties of the Regional/Sectional Secretary shall be
to prepare the agenda and business of the Regional/Sectional Committee
and (in the case of the Regional Secretary) Regional Executive Committee
and to carry out such other duties as assigned to him/her by the
Executive Council in accordance with these Rules and the policy
of the Union.
(4) Apart from his/her general duties referred
to above, the Regional Treasurer shall be responsible for the Regional
finances. He/she shall ensure the Membership Secretaries promptly
despatch to Head Office, members’ contributions collected
by them. He/she shall supervise the expenditure from the Regional
funds. He/she shall prepare a quarterly financial statement which,
after being audited and presented to the Regional Committee, shall
be submitted to Head Office.
(5) Apart from the general duties referred
to in Rule 18 (1) the Regional Official shall assist the Regional
Committees in the administration of the Union’s affairs.
(6) Regional Officials may within their
Region attend any lower Committee or Branch meeting of the Union
“ex-officio”.
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Rule 19
NATIONAL AND REGIONAL ELECTIONS
(1) (a) General
The overlapping of elections is permitted subject to adherence
to these basic principles.
(i) The Executive Council shall determine
the order in which elections shall be processed and shall be
required to give notice of intention to hold an election to
the respective electoral territory concerned before instituting
nominating procedures.
(ii) Following acceptance of nominations in respect of
an election, nominations in respect of outstanding elections
may be called for, providing that the Executive Council are
satisfied that no eligible candidate is concerned in the first
election. Similarly nominations for an election may be called
for at the ballot stage of another election providing the Executive
Council are satisfied that no eligible candidate is concerned
in that ballot.
(iii) This procedure shall be ongoing and uninterrupted
subject to the proviso that no member shall stand for more than
one full-time or honorary position at any one time nor be debarred
from standing for election to any post for which he/she is eligible.
(b)
(i) Elections for the following posts
are referred to as statutory elections in this Rule.
President
General Secretary
Assistant General Secretary
All Executive Council Members
(ii) The counting and scrutinising of
votes and the declaring of returns in elections provided for
in this Rule shall be undertaken by independent scrutineers
nominated by the General Secretary.
In statutory elections, the Scrutineers nominated will meet
the criteria specified by statute and shall conduct the election
in accordance with all procedures required by statute
(c)
(i) Nomination papers shall be despatched
by the General Secretary to all Branches entitled to nominate
for the election at least five weeks before the date of close
of nominations.
(ii) A Branch may only nominate a candidate
for an election at a properly convened Branch meeting.
(iii) The Branch’s nomination
shall be entered on the correct nomination paper which shall
be signed by two Officials of the nominating Branch, who shall
also certify that the nomination has been properly made in accordance
with (ii) above.
(iv) Completed nomination papers in
respect of elections for the posts of General Secretary, Assistant
General Secretary, National Officer, and President shall be
sent direct by the Branch Officials to the Returning Officer.
Nomination papers in respect of other elections held in accordance
with this Rule shall be sent direct to the General Secretary.
(v) The closing date and time for receipt
of nomination papers shall be clearly shown on the nomination
papers.
(vi) A nomination paper not completed
in accordance with these Rules or not completed in accordance
with the instructions thereon or received after the closing
date and time shall be rejected and declared void.
(d)
(i) The General Secretary shall notify
each candidate for election of his/her nomination within seven
days of close of nominations.
(ii) A nominated candidate shall notify the General Secretary
in writing not more than 21 days after close of nominations
whether he/she accepts nomination failing which the nomination
shall be rejected and declared void.
(iii) Eligible candidates who have accepted nomination
shall be entitled to submit to the General Secretary for onward
transmission to the scrutineers in statutory elections an election
statement not exceeding 250 words in length, which may for example,
set out the industrial and political work of the candidate and
the work he/she has performed or proposes to perform on behalf
of the Union. Election statements received by the General Secretary
more than 21 days from the date of close of nomination shall
not be circulated.
(e)
(i) Save in respect of statutory elections
a notice of intention to commence balloting shall be sent seven
days before the distribution of ballot papers to all Branches
in the electoral area concerned clearly stating the closing
date and time of voting.
(ii) A list of candidates produced as a ballot paper
together with the election statements referred to above shall
be issued to each member entitled to vote in the election in
accordance with the procedure given below.
(iii) The ballot paper shall state each candidate’s
full name, length of membership, past and present offices held
in the Union and the names of the Branch or Branches nominating
that candidate.
In statutory elections it will also bear its own unique serial
number, specify the name of the Scrutineer and set out the address
to which and the date by which it is to be returned.
(iv) The General Secretary shall supply ballot papers
to the Brigade Secretary for the electoral territory concerned
who shall distribute or cause to be distributed the ballot papers
to the Branches whose members are entitled to vote. If the Brigade
Secretary is involved in the election, another Official appointed
by the Brigade Committee shall fulfil this function.
In statutory elections the scrutineers shall distribute ballot
papers by post to the home address of all members entitled to
vote, or to such other address as the member has specified in
a written request to the Union to be treated as his/her postal
address.
(v) Each member shall record his/her vote by marking
an "X" in the box opposite the name of the candidate
he/she desires to be elected and shall then return the completed
voting paper in the envelope provided for this purpose to be
received by the date and time of close of voting by the scrutineer
in the case of statutory elections, and in other cases by the
Branch Official conducting the ballot.
(vi) A ballot paper on which the votes
are not recorded in accordance with the instructions contained
thereon and as specified by this Rule shall not be counted as
a valid vote.
A ballot paper not received by the date and time referred to
in Rule 19 (1) (e) (v) shall not be counted as a valid vote,
whatever the reason for any delayed receipt.
In the case of elections which are not statutory elections:
(f)
(i) Upon the closing of voting, the
Branch Secretary shall send or cause to be sent to the Scrutineers
forthwith:
- the ballot papers unopened and unexamined in their envelopes;
- the completed form provided setting out the serial numbers
of the ballot papers provided to members of the Branch concerned;
and
- the number of ballot papers unissued.
(ii) Ballot papers received by the Scrutineers
later than 14.00 hours on the date notified for receipt of ballot
papers which shall be at least seven days after the close of
voting shall not be counted as valid votes in the election whatever
the reason for any delayed receipt.
(g) The Scrutineers shall decide whether
any ballot papers shall be rejected or counted in accordance with
these Rules and shall determine all disputes concerning the conduct
of elections under this Rule.
Their decision shall be final. The Scrutineers shall prepare a
Scrutineers` report setting out the number of ballot papers distributed
and returned, the total number of votes given for any candidate
and the total number of votes rejected. In statutory elections
this report shall also contain any other information required
by statute.
(h) A notice declaring the result of the
election as stated in the scrutineers Report, together with a
copy of that Report shall be sent by "All Members Circular" as soon as practicable after the Union receives the scrutineers
Report. (2) National Officials
(a) No candidate shall stand for the
position of President, General Secretary, Assistant General Secretary
and National Officer except at the discretion of the Executive
Council, which will satisfy itself that any member so nominated
will be capable of fulfilling the office for which he/she is nominated.
(b) Each Branch of the Union shall be
entitled to submit nominations for these offices.
(c) In the event of any of these offices falling vacant,
the Executive Council shall within six months of the vacancy occurring
hold an election in accordance with this Rule. (3) Executive Council Members and Regional Officials
(a) Nominations in respect of these positions
shall be confined to members serving at Branches situated within
the respective electoral territories. Each Branch shall be entitled
to nominate one candidate for each position in respect of the
electoral territory within which the Branch is situated.
Officers Executive Council Member and National Secretary and Chair.
(b) Nominations in respect of these positions shall be
confined to members of Station Officer rank or above. Each Brigade
Committee shall, after consultation with its Officer membership,
be entitled to nominate one Officer member as a candidate for
these positions. Ballot papers for election to these offices will
be issued to Station Officer rank and above.
The provisions contained in Rule 9 shall apply to the Officers
Executive Council Member.
Control Staff Executive Council Member and National Secretary
and Chair
(c) Nominations in respect of these positions shall be
confined to Control Staff members. Each Brigade Committee shall,
after consultation with its Control Staff membership, be entitled
to nominate one Control Staff member as a candidate for these
positions. Ballot papers for election to these offices will be
issued to Control Staff members.
The provisions contained in Rule 9 shall apply to the Control
Staff Executive Council Member.
Retained Staff Executive Council Member and National Secretary
and Chair
(d) Nominations in respect of these positions shall be
confined to Retained members. Each Brigade Committee shall, after
consultation with its Retained members, be entitled to nominate
one Retained member as a candidate for these positions. Ballot
papers for election to these offices will be issued to Retained
members. The provisions contained in Rule 9 shall apply to the
Retained Members Executive Council Member.
Women Members Executive Council Member and National Secretary
and Chair
(e) Nominations in respect of these positions shall be
confined to Women members. Each Brigade Committee shall, after
consultation with its Women members, be entitled to nominate one
Women member as a candidate for these positions. Ballot papers
for election to these offices will be issued to Women members.
The provisions contained in Rule 9 shall apply to the Women Members
Executive Council Member.
Black and Ethnic Minority Members Executive Council Member and
National Secretary and Chair
(f) Nominations in respect of these positions
shall be confined to Black and Ethnic Minority members. Each Brigade
Committee shall, after consultation with its Black and Ethnic
Minority members, be entitled to nominate one Black and Ethnic
Minority member as a candidate for these positions. Ballot papers
for election to these offices will be issued to Black and Ethnic
Minority members.
The provisions contained in Rule 9 shall apply to the Black and
Ethnic Minority Members Executive Council Member.
Gay and Lesbian Members Executive Council Member and National
Secretary and Chair
(g) Nominations in respect of these positions
shall be confined to Gay and Lesbian members. Each Brigade Committee
shall, after consultation with its Gay and Lesbian members, be
entitled to nominate one Gay and Lesbian member as a candidate
for these positions. Ballot papers for election to these offices
will be issued to Gay and Lesbian members. Back to Top
Rule 19A
CANVASSING
(1) Canvassing for nomination or votes by
a candidate for election under this Rule whether in person or by
letter, circular or any other means or on behalf of a candidate
for election under this Rule by letter, circular, or other written
communication shall constitute a disciplinary offence.
(2) If a member believes that another member
("the defendant") has committed a disciplinary offence
contrary to (1) above, he/she shall submit a written complaint setting
out details of the defendant’s conduct to the General Secretary
to be received by him/her not later than 28 days after the declaration
of the result of the election by the Returning Officer.
(3) If the General Secretary believes (which belief he/she
may form after a preliminary inquiry has been held) that the defendant
has committed an offence contrary to this Rule:
(a) if the result of the election for
which canvassing is alleged has not been declared, the election
shall be suspended;
(b) if the result of the election has been declared and
the defendant was the successful candidate he/she shall be suspended
from the office to which he/she was elected or re-elected pending
the outcome of proceedings under this Rule. If a Full Time Official
is suspended, that suspension shall be on full pay. A suspended
defendant shall not attend or call meetings of the Union or represent
the Union in any capacity as the holder of the office from which
he/she is suspended but may continue to receive such honoraria
and allowances and such Union papers marked "for information
only" as he/she would have received but for his/her suspension;
(c) the General Secretary shall convene a meeting (which
may be an ordinary meeting) of the Executive Council in accordance
with Rule 26(5) for the purposes of a hearing to consider the
complaint. In addition to the matters referred to in that Rule
the notice of the meeting sent to the defendant shall also inform
him/her that the proceedings may lead to him/her being disqualified
from standing for election to the office concerned. Save as appears
below the hearing shall be in accordance with Rule 26(6) and the
complainant shall be the General Secretary or a member nominated
by the General Secretary; and
(d) The General Secretary may take such
steps as he/she considers necessary to ensure the good management
of the Union pending the outcome of proceedings under this Rule. (4) At the hearing referred to at (3)(c)
above, the Executive Council shall consider firstly the disciplinary
complaint against the defendant and shall make a resolution in accordance
with Rule 26(3)(e)(i) or (ii). The penalties available are those
set out in Rule 26(3)(f).
(5) If the Executive Council find the complaint
to be justified, in addition to (4) above:
(a) If the result of the election has
not been declared, or has been declared and the defendant was
the successful candidate, or canvassing on behalf of the successful
candidate, the election shall be recommenced from close of nominations
save that if there is no candidate remaining or the suspension
of the election was before close of nominations the election shall
be declared void and entirely recommenced.
(b) The defendant shall be disqualified
from standing in the recommenced election.
For the avoidance of doubt:
(i) in all other circumstances the
result of the election shall stand;
(ii) if the defendant was canvassing on behalf of a candidate,
that candidate shall not be disqualified from standing in the
recommenced election;
(iii) if an election is to be recommenced from close
of nominations and only one candidate remains nominated due
to the operation of this Rule, that candidate shall be declared
elected unopposed.
(6) If the Executive Council find the complaint
not to be justified:
(a) if the result of the election has
been declared, the result shall stand;
(b) if the result of the election has
not been declared:
(i) if nominations had been closed
prior to the suspension of the election, the election shall
be recommenced from close of nominations;
(ii) if nominations had not been closed
prior to the suspension of the election the election shall be
declared void and entirely recommenced.
(7) As soon as is practicable, the General
Secretary shall notify the defendant in writing of the resolution
of the Executive Council and of any right of appeal.
(8) There shall be a right of appeal from
the Executive Council to the Final Appeals Committee save that if
the election was for the position of Executive Council member or
Full Time Official the appeal shall lie to Annual Conference. The
procedure for appeal shall be in accordance with Rule 26(4) for
appeals to the Final Appeals Committee and Rule 8A(5) for appeals
to Annual Conference.
(9) Any resolution under this Rule shall take effect at the
same time as provided by Rule 8A(6).
(10) The defendant has the right to representation under
this Rule as set out in Rule 26(7), save that if the defendant is
a Full Time Official he/she may be represented by a Full Time Official
if that Official is willing to act as his/her representative.
(11) No other proceedings under Rule 8A, 8B or 26 shall be
permitted against a defendant to proceedings under this Rule until
such proceedings have been disposed of and no proceedings under
Rule 8A, 8B or 26 shall be taken in relation to any offence under
(1) above.
(12) For the purpose of this Rule, Full Time Official includes
General Secretary and Assistant General Secretary.
(13) For the avoidance of doubt, if the complaint lies against
the General Secretary then references above to General Secretary
shall be taken as Assistant General Secretary.
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Rule 20
REGIONAL COMMITTEES
(1) For the furtherance of the Union business
and for the mutual encouragement and strengthening of Brigade Committees
and of the membership within each Region there shall be established
in each Region a Committee to be known as "the Regional Committee".
(2) In the case of London and Northern Ireland,
the Brigade Committees shall also perform the functions and assume
the title of Regional Committees.
(a) In all other cases the Regional Committee
shall be comprised of its Officials and delegates elected from
Brigade Committees on the following basis:
With the exception of Nos. 5 and 8 Regions, one delegate shall
be elected from each Brigade Committee to the Regional Committee
and from each Metropolitan Brigade Committee, there shall be two
delegates elected to the Regional Committee.
For the No. 5 Region, representation to the Regional Committee
shall be on the basis of two delegates from the Greater Manchester
Brigade Committee, two from Lancashire Brigade Committee, two
from Merseyside Brigade Committee, two from Cheshire Brigade Committee,
two from Cumbria Brigade Committee and one from the Isle of Man
Brigade Committee plus Officials.
For the No. 8 Region, representation to the Regional Committee
shall be on the basis of two delegates from each Brigade Committee
plus Officials.
(b) Provision shall be made in the composition
of each Regional Committee for the adequate representation of
Black and Ethnic Minority members, Control Staff members, Gay
and Lesbian members, Officer members, Retained members and Women
members within the Region. All members of the Regional Committee,
excluding the Executive Council Member, shall have full voting
rights. (3) The duties of the Regional Committees
shall be:
(a) To supervise the conduct of negotiations
within its territory in accordance with the policy of the Union.
In cases in which the policy on matters to be negotiated has not
been determined by the Annual Conference or by the Executive Council
it shall be the duty of the Regional Committee to refer such matters
to the Executive Council for guidance. To facilitate the discharge
of these responsibilities the Regional Committees shall ensure
the establishment in each Brigade of a Brigade negotiating Committee.
(b) To refer to the Executive Council member or the Executive
Council, with such recommendation as it may deem appropriate,
any Brigade Committee, Brigade Official or other honorary Official
who fails to comply with the policy of the Union or refuses to
accept the guidance, advice or direction of the Regional Committee.
(c) To be responsible for the development of membership
and organisation in the Region.
(d) The Regional Committee shall ensure that effective
arrangements are made to despatch contributions from members to
Head Office, via Brigade Membership Secretaries acting under the
supervision of the Regional Treasurer.
(e) To ensure that timely and adequate reports on the policy
of the Executive Council and of the Regional Committee are provided
to Brigade Committees and Branches.
(f) To receive and consider resolutions from Brigade Committees
and to forward such resolutions as it approves on matters of national
policy to the Executive Council.
(g) To be responsible for the development of strategies
designed to ensure fairness at work, health and safety procedures
and educational opportunities. To this end, the Regional Committee
shall appoint three Officials, to be known as;
(1) The Regional Fairness at Work Officer
(2) The Regional Health and Safety Co-ordinator and
(3) The Regional Education Officer.
The Regional Committee shall also establish three sub-committees
for these specific references, which shall report to each meeting
of the Regional Committee. The sub-committee in each case will
include a Regional Official, the appointed Regional Officer and
relevant representatives from Brigade Committees.
(4) For political purposes it shall establish
a Regional Political Fund to which the central political fund shall
remit, at the end of each financial quarter, one-third of the monies
collected from the membership in the Region.
(5) The Regional Committee shall hold an annual general meeting, to
which Brigade Committees shall be invited to send extended
delegations on a basis to be determined by the Regional Committee
and to which the Executive Council member and the Regional
Secretary shall make their annual reports.
(6) The Regional Committee shall hold an
annual general meeting, to which Brigade Committees shall be invited
to send extended delegations on a basis to be determined by the
Regional Committee and to which the Executive Council member and
the Regional Secretary shall make their annual reports.
(7) In each Regional Committee there shall
be established an Executive Committee, which shall consist of the
Chair, Secretary, Treasurer, Regional Official and such other members
of the Regional Committee as the Regional Committee may elect. This
Executive Committee shall meet, where necessary, between Regional
Committee meetings. The Executive Committee shall report on its
proceedings and upon its actions to each subsequent meeting of the
Regional Committee.
(a) The Regional Committee shall nominate
annually for the consideration of Annual Conference, one of its
Regional Officials to serve on the Final Appeals Committee, as
described in Rule 26. Back to Top
Rule 21
BRIGADE COMMITTEES
(1) Within the territory of each Fire Authority
(except where the Executive Council may otherwise determine), there
shall be established a Brigade Committee. The Brigade Committee
may, following approval by the Regional Committee, be comprised
of either delegates from the Branches within the Brigade’s
territory, or of delegates from Divisional Committees.
Representation to the Brigade/Divisional Committees shall be based
on the following criteria:
a) Where no Divisional Committees are
established, the representation to the Brigade Committee shall
be on the basis of one delegate per branch, or two delegates in
the case of any Branch having 100 or more members.
Where there are fewer than six Branches in a Brigade, additional
delegates may be appointed from the Branches to the Brigade Committee
in proportion to their membership, provided that not more than
three delegates are appointed from any Branch.
b) Where Divisional Committees are established,
their boundaries and functions shall be determined by the Brigade
Committee. Representation to the Divisional Committee shall be
on the basis of one delegate per Branch within that division,
or two delegates in the case of any Branch having 100 or more
members. Representation to the Brigade Committee shall be on the
basis of two delegates from each Divisional Committee, both delegates
to have full voting rights except for London Region, where each
division shall have one delegate. The Divisional Committee shall
annually elect from amongst their members a Chair and Secretary
who will act in an ex-officio capacity to the Divisional Committee
until the next annual general meeting. The Chair and Secretary
will be eligible for re-election. (2) The duties of the Brigade Committee
shall be:
(a) In association with the Regional
Committee, to establish negotiating machinery through which matters
of concern to members within the Brigade shall be pursued with
the employing authority and the Chief Fire Officer. The Brigade
Committee shall report to the Regional Committee on all matters
dealt with through this negotiating machinery.
(b) To ensure that timely and adequate
consideration is given to matters referred to the Committee by
the Executive Council or the Regional Committee. To ensure that
proper reports on these matters are received by the Branches.
(c) To supervise the establishment of proper Branch and
Divisional Committee organisation and to ensure that Branches
and Divisional Committees comply with the requirements placed
upon them by these Rules.
(d) To provide that Black and Ethnic Minority members,
Control Staff members, Gay and Lesbian members, Officer members,
Retained members, Women members and, where appropriate, other
special categories of members are adequately represented on the
Brigade Committee with full voting rights.
(e) To ensure that the Union is affiliated to and represented
on those Trades Councils corresponding to the territory covered
by the Committee.
(f) To be responsible for the development of strategies designed to ensure fairness at work, health and safety procedures, life long learning and trade union educational opportunities. To this end, the Brigade Committee shall appoint four Officials, to be known as
1) The Brigade Fairness at Work Officer
2) The Brigade Health & Safety Representative
3) The Brigade Lifelong Learning Co-ordinator and
4) The Brigade Education Officer.
The Brigade Committee shall also establish four sub-committees for these specific references, which shall report to each meeting of the Brigade Committee. The sub-committee in each case will include a Brigade Official, the appointed Brigade Officer and representatives from the Brigade Committee.
In exceptional cases, the Brigade Committee may resolve to carry out itself, the duties of four Sub-Committees.
(g) To perform such other functions as
are delegated to it by the Executive Council or Regional Committee.
(3) (a) In each Brigade the Brigade Committee
Chair and Secretary shall be elected by ballot of the membership
of the Brigade for a period of office of two years.
(b) In each Brigade, the Brigade Membership Secretary shall
be elected or appointed for a period of two years, by the Brigade
Committee acting in consultation with the Regional Committee.
The Brigade Membership Secretary shall perform the duties specified
in Rule 20 (3)(d) and Rule 5 (1) (c).
(c) Such other offices as the Brigade Committee may approve
shall be filled by appointment or election in accordance with
procedures determined by the Brigade Committee.
(d) Regional Officials shall be eligible for nomination
and election to the posts of Brigade Committee Chair or Secretary.
(e) Brigade Officials elected or appointed in accordance
with Rule 21 (3) (a) or (b) may attend within their Brigade any
Lower Committee or Branch meeting of the Union "ex-officio".
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Rule 22
NATIONAL SECTIONAL COMMITTEES
(i) A Black and Ethnic Minority Members National
Committee.
There shall be established a Committee known as the Black and Ethnic
Minority Members National Committee. The functions of this Committee
shall be to advise the Executive Council on matters affecting the
conditions of employment of Black and Ethnic Minority members of
the Union and the negotiations attaching thereto. It shall be responsible
for advising the Executive Council on the organisation and recruitment
of Black and Ethnic Minority members into the Union.
It shall comprise of one Black or Ethnic Minority member from each
Region, a Chair and a Secretary. The member from each Region shall
be elected by the Black and Ethnic Minority members in the Region.
The National Chair and Secretary shall be elected by Black and Ethnic
Minority Members in line with Rule 18 and Rule 19. It shall also,
subject to the approval of the Executive Council, elect members
to serve in a capacity advisory to the Executive Council upon the
national negotiating bodies concerned with Black and Ethnic members'
conditions of employment.
In conjunction with the Executive Council the Black and Ethnic Minority
Members National Committee shall organise an annual general meeting
of representatives of Black and Ethnic Minority members.
The Chair and Secretary of the Black and Ethnic Minority Members
National Committee shall have the status under these Rules of a
Regional Chair and Regional Secretary.
(ii) Control Staff National Committee
There shall be established a Committee known as the Control Staff
National Committee. The function of this Committee shall be to advise
the Executive Council on matters affecting the conditions of employment
of Control Staff members of the Union and the negotiations attaching
thereto.
It shall be responsible for advising the Executive Council on organisation
and recruitment of Control Staff into the Union. It shall comprise
of one Control Staff member from each Region, a Chair and a Secretary.
The member from each Region shall be elected by the Control Staff
Members in the Region. The National Chair and Secretary shall be
elected by Control Staff Members in line with Rule 18 and Rule 19.
It shall also, subject to the approval of the Executive Council,
elect members to serve in a capacity advisory to the Executive Council
upon the national negotiating bodies concerned with Control Room
Staff conditions of employment.
In conjunction with the Executive Council the Control Staff National
Committee shall organise an annual general meeting of representatives
of Control Staff members.
The Chair and Secretary of the Control Staff National Committee
shall have the same status under these Rules as a Regional Chair
and Regional Secretary.
(iii) A National Gay and Lesbian Committee
There shall be established a Committee known as the National Gay
and Lesbian Committee. The functions of this Committee shall be
to advise the Executive Council on matters affecting the conditions
of employment of the Gay and Lesbian members of the Union and the
negotiations attaching thereto. It shall be responsible for advising
the Executive Council on the organisation and recruitment of Gay
and Lesbian members into the Union.
It shall comprise of one Gay or Lesbian member from each Region,
a Chair and a Secretary. The members from each Region shall be elected
by the Gay and Lesbian members in the Region. The National Chair
and Secretary shall be elected by the Gay and Lesbian Members in
line with Rule 18 and Rule 19. It shall also, subject to the approval
of the Executive Council, elect members to serve in a capacity advisory
to the Executive Council upon the national negotiating bodies concerned
with Gay and Lesbians' conditions of employment.
In conjunction with the Executive Council the National Gay and Lesbian
Committee shall organise an annual general meeting of representatives
of Gay and Lesbian members.
The Chair and Secretary of the National Gay and Lesbian Committee
shall have the status under these Rules of a Regional Chair and
Regional Secretary.
(iv) Officers National Committee
There shall be established a Committee known as the Officers’
National Committee. The functions of this Committee shall be to
advise the Executive Council on matters affecting the conditions
of employment of members of the Union of the rank of Station Officer
and above and the negotiations attaching thereto. It shall be responsible
for advising the Executive Council on the organisation and recruitment
of Officers into the Union.
It shall comprise of one member of Station Officer rank or above
from each Region, a Chair and a Secretary. The member from each
Region shall be elected by the Officer members in the Region. The
National Chair and Secretary shall be elected by Officer members
in line with Rule 18 and Rule 19. It shall also, subject to the
approval of the Executive Council, elect members to serve in a capacity
advisory to the Executive Council upon the national negotiating
bodies concerned with Officers’ conditions of employment.
In conjunction with the Executive Council the Officers’ National
Committee shall organise an annual general meeting of representatives
of Officer members.
The Chair and Secretary of the Officers’ National Committee
shall have the status under these Rules of a Regional Chair and
Regional Secretary.
(v) National Retained Committee
There shall be established a Committee known as the National Retained
Committee. The functions of this Committee shall be to advise the
Executive Council on matters affecting the conditions of Employment
of Retained members of the Union and the negotiations attaching
thereto. It shall be responsible for advising the Executive Council
on the organisation and recruitment of Retained members into the
Union.
It shall comprise of one Retained member from each Region, a Chair
and a Secretary. The member from each Region shall be elected by
the Retained members in the Region. The National Chair and Secretary
shall be elected by Retained Members in line with Rule 18 and Rule
19. It shall also, subject to the approval of the Executive Council,
elect members to serve in a capacity advisory to the Executive Council
upon the national negotiating bodies concerned with Retained conditions
of employment.
In conjunction with the Executive Council the National Retained
Committee shall organise an annual general meeting of representatives
of Retained members.
The Chair and Secretary of the National Retained Committee shall
have the status under these Rules of Regional Chair and Regional
Secretary.
(vi) A National Women's Committee
There shall be established a Committee known as the National Women's
Committee. The functions of this Committee shall be to advise the
Executive Council on matters affecting the conditions of employment
of women members of the Union and the negotiations attaching thereto.
It shall be responsible for advising the Executive Council on the
organisation and recruitment of women into the Union.
It shall comprise of one woman member from each Region, a Chair
and a Secretary. The member from each Region shall be elected by
the Women members in the Region. The National Chair and Secretary
shall be elected by Women Members in line with Rule 18 and Rule
19. It shall also, subject to the approval of the Executive Council,
elect members to serve in a capacity advisory to the Executive Council
upon the national negotiating bodies concerned with women's conditions
of employment.
In conjunction with the Executive Council the National Women's Committee
shall organise an annual general meeting of representatives of women
members.
The Chair and Secretary of the National Women's Committee shall
have the status under these Rules of a Regional Chair and Regional
Secretary.
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Rule 23
BRANCH ORGANISATION
(1) Those members employed at a fire station,
or subject to approval by the Brigade Committee at any other place
of employment, shall comprise a Branch.
(2) It shall be the duty of the Branch members to elect from
their number by such methods as they may determine with the approval
of the Brigade Committee, a Chair, Secretary, Health and Safety
representative, a Union Learning representative and a delegate,
or delegates to the Brigade Committee or to the Divisional Committee.
(3) All or any number of the foregoing Officers with such
other members as the Branch shall decide shall constitute a Branch
Committee, which shall be representative of all watches at the station
and which shall meet monthly.
(4) General Branch meetings shall be held as considered necessary
by the Branch Committee, provided that such a meeting is held at
least once a quarter. A majority of Branch members may by requisition
oblige the Chair to call a special Branch meeting. At each General
Branch meeting, a report will be given of business conducted by
the Brigade Committee, including reports from the three sub-committees
referred to in Rule 21 (2) (f).
(5) Under the direction of Brigade Committees, Branches shall
be affiliated to local Trades Councils.
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