Election for FBU Scottish secretary – update on process

Dear Brother/Sister

Election for FBU Scottish secretary – update on process

FBU members in Scotland will be aware of the election for regional secretary and the subsequent suspension of the election. This circular sets out the reasons for the decisions taken by the Executive Council and the steps taken following the suspension of the election.

FBU policy on canvassing during elections

The FBU has policies which allow written canvassing but which place restrictions on what canvassing FBU officials may undertake using their official role, FBU resources etc. These policies were agreed to ensure that elections are conducted as fairly as possible. They have been in place for several years. They are not new to this current election.

Nevertheless, during the course of the election a member in Scotland did register a complaint that the policies on canvassing had been broken by another official of the union in Scotland. This would mean also that a breach of rules had taken place.

The Executive Council member for Scotland, Bro McGlone, reported to the National Officer, Bro la Torre that he considered the particular act reported may have breached rules. It was on this basis that the election was paused so that a report could be made to the Executive Council. The Executive Council meeting on 7 and 8 December endorsed the actions taken and the suspension of the election.

The independent scrutineer was also contacted for advice on process, although the implementation of FBU rules is a matter for the FBU alone.

The canvassing complaint

The matter was then referred to a member of the Executive Council for his consideration under rule (Bro Quinn, Northern Ireland).

The consideration of the matter has now concluded. The conclusion is that a breach of policy (and therefore a breach of rule) did take place by an official during the course of the election. The official concerned has accepted that finding and has accepted a reprimand.

Such a reprimand can only be issued under the following circumstances. The rule exists for minor breaches of rule so as to avoid the need for a full hearing. Please see Rule G2 (3) (ii):

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.

To be clear, the investigator found that a breach of rule had taken place and the official concerned has accepted this and has accepted a reprimand under Rule G2 (3) (ii). The election was suspended due to a report of a breach of FBU rules and this has been subsequently confirmed by the process.

The Executive Council has been immediately recalled and will take decisions on reinstating the election on Friday 17 December.

Yours in unity

Matt Wrack
General Secretary