Rules - Branch and National
2010 WELLINGTON BRANCH UNION RULES v4 (Rule 61 amended 12/01/17)
NEW ZEALAND TRAMWAYS AND PUBLIC PASSENGER TRANSPORT EMPLOYEES’ UNION WELLINGTON BRANCH INCORPORATED
NAME
1. The name of the Branch shall be the NEW ZEALAND TRAMWAYS AND PUBLIC PASSENGER TRANSPORT
EMPLOYEES' UNION WELLINGTON BRANCH INCORPORATED
REGISTERED OFFICE
2. The registered office of the Branch shall be in such a place as the Branch Executive Committee may from time to time
determine
INTERPRETATION
3. These Rules shall be read in conjunction with the Rules of the National Union
4. In these Rules unless the context otherwise requires
NATIONAL UNION means the New Zealand Tramways and Public Passenger Transport Employees’ Union Incorporated
NATIONAL COUNCIL means the National Council for the time being of the National Union
BRANCH means a Branch of the National Union duly incorporated under the provisions of the Incorporated Societies Act
1908 or the Incorporated Societies Amendment Act 1920 or any enactment substituted therefor
MONTH means calendar month
Words importing the singular number include the plural number and words importing the plural number include the singular
number and words importing the masculine gender include females
OBJECTS
5. The objects for which the Branch is established are:
5.1 To exercise all the powers and rights of a Trade Union under the Employment Relations Act 2000 and any subsequent
legislation relating to the industrial and employment laws of New Zealand
5.2 To protect and improve the wages and conditions of Union members
5.3 To purchase, lease, rent or sublet property
5.4 To borrow or invest funds
5.5 To establish and operate welfare, legal aid and credit funds for the benefit of members
5.6 To carry out the objects of the National Union in the Branch district
5.7 To generally do all such acts and things as shall or may be for the benefit of the Branch and its members
INSPECTION OF THE RULES
6. A copy of these Rules shall be available for inspection at the registered office of the National Union and at the registered office
of the Branch by any member entitled to vote at any time during ordinary business hours. A hard copy of the Rules shall be
supplied to any member on payment of the cost of printing the same and an electronic copy will be emailed free of charge
MEMBERSHIP
7. Membership of the Branch shall consist of the following classes –
i. Branch members
ii. Honorary life members
7.1 Membership may include any person employed or engaged to be employed in the passenger transport industry
7.2 Membership shall also be open to employees of the National Union and its Branches, both elected and appointed,
including those who work in part time or voluntary positions
7.3 All applications for membership shall be made in writing to the Branch Secretary. The Union reserves the right to accept
or reject membership applications
7.4 Every member of a Branch shall be deemed to be a member of the National Union and shall be liable to all the
obligations of such membership
7.5 Members shall give written notification to the Branch Secretary of their intention to resign
7.6 Members resigning shall return to the Branch Secretary any membership card and any other property belonging to the
Union. Membership fees shall continue to accrue until all such property is returned
7.7 Membership of the Union shall lapse following resignation or termination of employment unless subject to appeal, and
may be continued by application to the branch Secretary
7.8 Any member or ex-member may be nominated for Honorary Life Membership of a Branch by nomination of the Branch
Secretary. Honorary Life Members may attend and speak at any meeting of the Branch or National Union and shall be
eligible to vote on any matter, including elections and shall be eligible to hold office or to propose or second any
nomination for office. Honorary Life Members are not required to pay membership fees
BRANCH MANAGEMENT
8. The Branch has absolute authority to manage, conduct and administer its own affairs in conformity with these Rules and the
National Union Rules
9. The Branch shall have the authority to affiliate or amalgamate with any organisation as may be authorised by a duly
constituted meeting of members subject to final approval by the National Council
10. The business and affairs of the Branch shall be managed by an Executive comprising President, Vice President/s,
Secretary/Treasurer reporting to a Delegates Committee comprising the elected Delegate or Delegates and/or Assistant
Delegate or Delegates from each depot
11. The Branch may enter into collective agreements and variations with any employer or employers relating to any matter
affecting members of the Branch. However, no agreements shall be signed until members have ratified each and any
proposed offer, either by a meeting and/or by a postal ballot, provided that any postal ballot must first be authorised by an
approved stop work meeting of all members whose work will be covered by the proposed collective agreement
BRANCH DEPOT COMMITTEES
12. Where the Branch has a number of depots, the Branch may with Branch Executive approval, elect Depot Committees to
assist in dealing with any business relating to the depot/area concerned
13. Depot Committees shall be subject to the Rules of the Branch and the National Union and shall have no authority other than
at their own depot
14. Members of Depot Committees may elect a Committee Chairman and/or Secretary to assist with the running of meetings
15. Depot Delegates, Assistant Delegates, Service staff representatives, Health & Safety representatives, Welfare representatives
and Roster Delegates shall be members of the Depot Committee
16. The Branch Secretary shall be notified of the date and time of any Depot Committee meetings at least 7 days prior to any
meeting being held
ELECTION OF BRANCH OFFICERS
17. All Officers and Delegates of the Branch shall be elected by secret ballot every four years
18. To be eligible for nomination, all nominees must be a financial or life member of the Branch
19. Nominees shall not be eligible to stand for election or remain an officer or delegate if they hold an executive or delegate
position in another Union or Industry Association with overlapping membership coverage
20. A Returning Officer shall be appointed by resolution of the Branch Executive
21. Notices calling for nominations shall be posted in all depots at least 21 days prior to the closing date for nominations
22. All nominations shall be signed by two financial members of the Branch and the nominee who shall also be a financial
member of the Branch
23. Any nominations received after the close of nominations shall be rejected
24. A list of all valid nominations shall be posted in all depots at least 21 days prior to the ballot
25. Upon written application to the returning officer, provision can be made for a special vote
26. Should a postal ballot be required, voting papers shall be forwarded to all financial members in a sealed envelope
27. All candidates may provide a written statement of up to 100 words stating their reasons for seeking election. This statement
shall be a positive statement and will not be used if it denigrates other candidates or is contrary to Union policies
28. All voting papers shall be kept for three months after the completion of any ballot
29. Should any member wish to challenge any part of an election, any protest must be in writing to the Returning Officer. The
protest will not proceed unless received within seven days of any ballot result
30. Any vacancy occurring for the positions of President, Secretary, Treasurer, Vice President or Depot Delegate may be filled by
electing a replacement as per rules 17 – 24 or the Branch Executive may appoint the next highest polling candidate
DELEGATES RESPONSIBILITIES
31. Delegates responsibilities are
a. To represent and assist members at depot level
b. To represent their depot on the Branch Delegates Committee
c. To recruit members into the Tramways Union
d. To promote and assist in the development of the Tramways Union
e. To attend Health, Safety and Depot Liaison meetings
f. To set up a Depot Committee and hold regular meetings
g. To maintain the Union notice board and display all Union communications
REMOVAL OF ELECTED OFFICERS AND DELEGATES
32. Should an elected Officer or Delegate become ineligible to continue membership of the Branch or take up an Officer or
Delegate appointment in another Union or Industry Association, the elected position may be filled in accordance with the
provisions of Rule 30
33. Should any member seek to remove any Officer or Delegate of the Union from their position, that member may move at any
Branch meeting that a special meeting be called to discuss the matter
34. Should this motion be passed, the Branch Secretary shall call a special Branch meeting for that purpose
35. Should such a meeting pass a resolution that a member or members be removed from their position, each office or position
shall be declared vacant subject to Rule 30
36. However any person elected by ballot shall only be removed from office or position on the decision of a like ballot, (except for
that provided for in Rule 32)
37. Should the ballot result in a vacancy, nominations shall then be called for the vacant position and an election held to fill that
vacant position in accordance with Rule 30
38. Any person removed from office shall not be eligible to stand for the same position in the current term
FINANCIAL RECORDS
39. Branch bank accounts shall be operated by any two of the Branch President, Vice President, Branch Secretary, Branch
Treasurer or any other person authorised by the Branch Delegates Committee
40. No expenditure over $3,000 shall be authorised except pursuant to a resolution of the Branch Delegates Committee
41. Payment for Union business shall be by way of reimbursing voucher and by production of relevant receipts
42. An Auditor, who shall be a Chartered Accountant, shall be appointed at each Branch Annual General Meeting unless a
resolution is passed by a majority vote of those present that appoints instead a qualified accountant to verify the years
transactions and verify the balance sheet as at balance day
43. A copy of the Branch annual statement of income and expenditure, audited or verified in accordance with Rule 42, shall be
forwarded to the Secretary of the National Council following the Branch AGM
44. The Branch Secretary shall file an annual return including the Branch accounts and audit report with the Registrar of
Incorporated Societies following their adoption at the Branch AGM in accordance with the requirements of the Incorporated
Societies Act 1908 or any enactment substituted therefor
45. Any financial member may inspect the audited accounts of the Branch by giving 7 days written notice to the Branch Secretary
and may obtain a copy of the current audited accounts. Members may be required to sign a confidentiality agreement
46. The financial year of the Branch will end on 31st August each year
UNION FEES
47. The Branch is authorised to set a weekly union fee, which may be deducted directly from wages
48. The union’s fees are payable in advance, either annually or to the expiry date of any collective agreement covering the
member, whichever is the greatest
49. Any member who pays union fees in mutually agreed periodic instalments by deduction from wages, direct bank transfer, or in
cash, although in arrears, remains a financial member of the union
50. Any member, who is more than four weeks in arrears, except in the case of approved leave, shall be deemed to be
non-financial and shall cease to be a member
LEVIES
51. The Branch is authorised to raise levies, provided any levy is first approved by a majority of valid votes cast in a secret ballot
of the financial members affected by the levy
MEETINGS
52. The Branch will hold an Annual General Meeting, before 31st March in each year. All members will be invited through notices
posted in each depot at least 21 days prior to the meeting date. Any remits, motions or general business must be notified in
writing to the Branch Secretary at least 14 days prior to the meeting date
53. Branch Executive and Delegates Committee meetings will be held as necessary, but not less than three each year
54. Special meetings will be called by the Branch Secretary when required to do so by either the Branch Executive, Delegates
Committee or by a petition from members containing not less than 50% of the total membership of the Branch
55. Any meeting called for by petition shall be deemed to have lapsed if not attended by at least 70% of the signatories. Petitions
shall only be valid if each page of the petition records the reason for the petition, the employee’s printed name, depot, pay
number and signature
56. Voting at ordinary and depot meetings will be by simple majority through a show of hands provided that when a majority of
members request a secret ballot, such a ballot will be held
57. A quorum for any Branch meeting, except special meetings, shall be no less than 20 members eligible to attend the meeting
except in the case of Branches with less than 70 members; the quorum shall be 10% of eligible members
58. Where branches have a number of depots, meetings with members may be held at each depot on a regular basis. Depot
delegates have authority to hold depot meetings when required, to deal with matters that only relate to their depot. However,
delegates must advise the Union Office seven days prior to the date of any such meeting and provide a written agenda
ALTERATION OF RULES
59. Any amendment to the rules will be made by remit or notice of motion in the first instance to a Branch Annual General
Meeting. Any such resolution or remit approved by majority vote will then be forwarded to the Secretary of the National
Council for approval and shall not come into force until approved at a National Council meeting
60. No addition to, or alteration or recession of the rules shall be approved if it affects the winding up provisions of Rule 72
APPROVAL TO TAKE STRIKE ACTION
61. Where there is any proposal to strike, such strike shall not proceed until a secret ballot has been held and the result is in
favour of the strike. The ballot may be conducted by meetings, by postal ballot or by electronic voting. The question to be
voted on in the secret ballot is whether the member of the union is in favour of the strike. The result of any such secret ballot
shall be determined by a simple majority of the votes cast. As soon as reasonable practical after the ballot, the Union shall
declare the result to members who were entitled to vote
62. In the event the strike is a lawful strike on the grounds of health and safety, the provisions of Rule 61 will not apply
DISCIPLINARY MATTERS
63. It shall be an offence under these rules for any member to:
a. act in a manner contrary to the rules and policies or wilfully ignore a lawful resolution or instruction of the National Union
or Branch
b. misappropriate National Union or Branch money or property
c. divulge or publish any business or information confidential to the National Union or Branch
d. assault or abuse any member or employee of the National Union or Branch
e. make or print any defamatory statements about any member or employee of the National Union or Branch
f. ridicule or humiliate, either by statement or in print, any member or employee of the National Union or Branch
g. act in a manner that will bring the National Union or Branch into disrepute
64. Any member accused of any of the above should be given written charges of the accusation as soon as possible but always
at least seven days prior to any meeting to discuss or answer any allegation
65. The matter shall be referred to the Branch Delegates Committee who shall, after hearing all the evidence including
representations from the member rule on the matter
66. The Committee will not include any member who is party to the hearing
67. Members found to have acted contrary to the rules of the Union may be warned, suspended for a period or expelled from the
Union. Any decision will be notified in writing
68. Any person warned, suspended or expelled has the right of appeal. No appeal will proceed unless the appeal is lodged with
the Union within 14 days of the original decision being received
69. Any appeal will be heard by a Tribunal comprising of a person representing the appellant, a person representing the Branch
and an independent Chairman who shall not be a member of the Union. The Tribunal shall have the right to regulate its own
procedure provided the rules of natural justice are followed at all times
70. A member may exercise a further right of appeal to the Employment Relations Authority. No appeal to the Authority will
proceed unless the appeal is lodged within 14 days following notification being received of any decision
DISSOLUTION
71. The Branch may be dissolved by a resolution passed at a General Meeting called for that purpose and such resolution shall
be confirmed at a subsequent General Meeting called for that purpose and held not earlier than two months after the date at
which the resolution so to be confirmed was passed
72. The surplus funds of the Branch shall upon winding up or dissolution be divided equally among the remaining Branches, or if
there are no remaining Branches given or transferred to some other organisation or body having objects similar to the objects
of the first organisation, the recipient organisation being determined by a vote of the membership
COMMON SEAL
73. The Common Seal of the Branch shall be in the custody of the Branch Secretary and shall not be affixed to any document
except pursuant to a resolution of the Branch Executive and only then shall be affixed by the Secretary or President of the
Branch who shall attest such affixation by signing his name to the document so sealed
INTERPRETATION OF RULES
74. Subject to statute, these Rules, and the resolutions of General Meetings, the decisions of the Branch Executive on the
interpretation of these Rules and all matters dealt with by it in accordance with these Rules and on matters not provided
for in these Rules shall be final and binding on all members
NEW ZEALAND TRAMWAYS AND PUBLIC PASSENGER TRANSPORT EMPLOYEES’ UNION WELLINGTON BRANCH INCORPORATED
NAME
1. The name of the Branch shall be the NEW ZEALAND TRAMWAYS AND PUBLIC PASSENGER TRANSPORT
EMPLOYEES' UNION WELLINGTON BRANCH INCORPORATED
REGISTERED OFFICE
2. The registered office of the Branch shall be in such a place as the Branch Executive Committee may from time to time
determine
INTERPRETATION
3. These Rules shall be read in conjunction with the Rules of the National Union
4. In these Rules unless the context otherwise requires
NATIONAL UNION means the New Zealand Tramways and Public Passenger Transport Employees’ Union Incorporated
NATIONAL COUNCIL means the National Council for the time being of the National Union
BRANCH means a Branch of the National Union duly incorporated under the provisions of the Incorporated Societies Act
1908 or the Incorporated Societies Amendment Act 1920 or any enactment substituted therefor
MONTH means calendar month
Words importing the singular number include the plural number and words importing the plural number include the singular
number and words importing the masculine gender include females
OBJECTS
5. The objects for which the Branch is established are:
5.1 To exercise all the powers and rights of a Trade Union under the Employment Relations Act 2000 and any subsequent
legislation relating to the industrial and employment laws of New Zealand
5.2 To protect and improve the wages and conditions of Union members
5.3 To purchase, lease, rent or sublet property
5.4 To borrow or invest funds
5.5 To establish and operate welfare, legal aid and credit funds for the benefit of members
5.6 To carry out the objects of the National Union in the Branch district
5.7 To generally do all such acts and things as shall or may be for the benefit of the Branch and its members
INSPECTION OF THE RULES
6. A copy of these Rules shall be available for inspection at the registered office of the National Union and at the registered office
of the Branch by any member entitled to vote at any time during ordinary business hours. A hard copy of the Rules shall be
supplied to any member on payment of the cost of printing the same and an electronic copy will be emailed free of charge
MEMBERSHIP
7. Membership of the Branch shall consist of the following classes –
i. Branch members
ii. Honorary life members
7.1 Membership may include any person employed or engaged to be employed in the passenger transport industry
7.2 Membership shall also be open to employees of the National Union and its Branches, both elected and appointed,
including those who work in part time or voluntary positions
7.3 All applications for membership shall be made in writing to the Branch Secretary. The Union reserves the right to accept
or reject membership applications
7.4 Every member of a Branch shall be deemed to be a member of the National Union and shall be liable to all the
obligations of such membership
7.5 Members shall give written notification to the Branch Secretary of their intention to resign
7.6 Members resigning shall return to the Branch Secretary any membership card and any other property belonging to the
Union. Membership fees shall continue to accrue until all such property is returned
7.7 Membership of the Union shall lapse following resignation or termination of employment unless subject to appeal, and
may be continued by application to the branch Secretary
7.8 Any member or ex-member may be nominated for Honorary Life Membership of a Branch by nomination of the Branch
Secretary. Honorary Life Members may attend and speak at any meeting of the Branch or National Union and shall be
eligible to vote on any matter, including elections and shall be eligible to hold office or to propose or second any
nomination for office. Honorary Life Members are not required to pay membership fees
BRANCH MANAGEMENT
8. The Branch has absolute authority to manage, conduct and administer its own affairs in conformity with these Rules and the
National Union Rules
9. The Branch shall have the authority to affiliate or amalgamate with any organisation as may be authorised by a duly
constituted meeting of members subject to final approval by the National Council
10. The business and affairs of the Branch shall be managed by an Executive comprising President, Vice President/s,
Secretary/Treasurer reporting to a Delegates Committee comprising the elected Delegate or Delegates and/or Assistant
Delegate or Delegates from each depot
11. The Branch may enter into collective agreements and variations with any employer or employers relating to any matter
affecting members of the Branch. However, no agreements shall be signed until members have ratified each and any
proposed offer, either by a meeting and/or by a postal ballot, provided that any postal ballot must first be authorised by an
approved stop work meeting of all members whose work will be covered by the proposed collective agreement
BRANCH DEPOT COMMITTEES
12. Where the Branch has a number of depots, the Branch may with Branch Executive approval, elect Depot Committees to
assist in dealing with any business relating to the depot/area concerned
13. Depot Committees shall be subject to the Rules of the Branch and the National Union and shall have no authority other than
at their own depot
14. Members of Depot Committees may elect a Committee Chairman and/or Secretary to assist with the running of meetings
15. Depot Delegates, Assistant Delegates, Service staff representatives, Health & Safety representatives, Welfare representatives
and Roster Delegates shall be members of the Depot Committee
16. The Branch Secretary shall be notified of the date and time of any Depot Committee meetings at least 7 days prior to any
meeting being held
ELECTION OF BRANCH OFFICERS
17. All Officers and Delegates of the Branch shall be elected by secret ballot every four years
18. To be eligible for nomination, all nominees must be a financial or life member of the Branch
19. Nominees shall not be eligible to stand for election or remain an officer or delegate if they hold an executive or delegate
position in another Union or Industry Association with overlapping membership coverage
20. A Returning Officer shall be appointed by resolution of the Branch Executive
21. Notices calling for nominations shall be posted in all depots at least 21 days prior to the closing date for nominations
22. All nominations shall be signed by two financial members of the Branch and the nominee who shall also be a financial
member of the Branch
23. Any nominations received after the close of nominations shall be rejected
24. A list of all valid nominations shall be posted in all depots at least 21 days prior to the ballot
25. Upon written application to the returning officer, provision can be made for a special vote
26. Should a postal ballot be required, voting papers shall be forwarded to all financial members in a sealed envelope
27. All candidates may provide a written statement of up to 100 words stating their reasons for seeking election. This statement
shall be a positive statement and will not be used if it denigrates other candidates or is contrary to Union policies
28. All voting papers shall be kept for three months after the completion of any ballot
29. Should any member wish to challenge any part of an election, any protest must be in writing to the Returning Officer. The
protest will not proceed unless received within seven days of any ballot result
30. Any vacancy occurring for the positions of President, Secretary, Treasurer, Vice President or Depot Delegate may be filled by
electing a replacement as per rules 17 – 24 or the Branch Executive may appoint the next highest polling candidate
DELEGATES RESPONSIBILITIES
31. Delegates responsibilities are
a. To represent and assist members at depot level
b. To represent their depot on the Branch Delegates Committee
c. To recruit members into the Tramways Union
d. To promote and assist in the development of the Tramways Union
e. To attend Health, Safety and Depot Liaison meetings
f. To set up a Depot Committee and hold regular meetings
g. To maintain the Union notice board and display all Union communications
REMOVAL OF ELECTED OFFICERS AND DELEGATES
32. Should an elected Officer or Delegate become ineligible to continue membership of the Branch or take up an Officer or
Delegate appointment in another Union or Industry Association, the elected position may be filled in accordance with the
provisions of Rule 30
33. Should any member seek to remove any Officer or Delegate of the Union from their position, that member may move at any
Branch meeting that a special meeting be called to discuss the matter
34. Should this motion be passed, the Branch Secretary shall call a special Branch meeting for that purpose
35. Should such a meeting pass a resolution that a member or members be removed from their position, each office or position
shall be declared vacant subject to Rule 30
36. However any person elected by ballot shall only be removed from office or position on the decision of a like ballot, (except for
that provided for in Rule 32)
37. Should the ballot result in a vacancy, nominations shall then be called for the vacant position and an election held to fill that
vacant position in accordance with Rule 30
38. Any person removed from office shall not be eligible to stand for the same position in the current term
FINANCIAL RECORDS
39. Branch bank accounts shall be operated by any two of the Branch President, Vice President, Branch Secretary, Branch
Treasurer or any other person authorised by the Branch Delegates Committee
40. No expenditure over $3,000 shall be authorised except pursuant to a resolution of the Branch Delegates Committee
41. Payment for Union business shall be by way of reimbursing voucher and by production of relevant receipts
42. An Auditor, who shall be a Chartered Accountant, shall be appointed at each Branch Annual General Meeting unless a
resolution is passed by a majority vote of those present that appoints instead a qualified accountant to verify the years
transactions and verify the balance sheet as at balance day
43. A copy of the Branch annual statement of income and expenditure, audited or verified in accordance with Rule 42, shall be
forwarded to the Secretary of the National Council following the Branch AGM
44. The Branch Secretary shall file an annual return including the Branch accounts and audit report with the Registrar of
Incorporated Societies following their adoption at the Branch AGM in accordance with the requirements of the Incorporated
Societies Act 1908 or any enactment substituted therefor
45. Any financial member may inspect the audited accounts of the Branch by giving 7 days written notice to the Branch Secretary
and may obtain a copy of the current audited accounts. Members may be required to sign a confidentiality agreement
46. The financial year of the Branch will end on 31st August each year
UNION FEES
47. The Branch is authorised to set a weekly union fee, which may be deducted directly from wages
48. The union’s fees are payable in advance, either annually or to the expiry date of any collective agreement covering the
member, whichever is the greatest
49. Any member who pays union fees in mutually agreed periodic instalments by deduction from wages, direct bank transfer, or in
cash, although in arrears, remains a financial member of the union
50. Any member, who is more than four weeks in arrears, except in the case of approved leave, shall be deemed to be
non-financial and shall cease to be a member
LEVIES
51. The Branch is authorised to raise levies, provided any levy is first approved by a majority of valid votes cast in a secret ballot
of the financial members affected by the levy
MEETINGS
52. The Branch will hold an Annual General Meeting, before 31st March in each year. All members will be invited through notices
posted in each depot at least 21 days prior to the meeting date. Any remits, motions or general business must be notified in
writing to the Branch Secretary at least 14 days prior to the meeting date
53. Branch Executive and Delegates Committee meetings will be held as necessary, but not less than three each year
54. Special meetings will be called by the Branch Secretary when required to do so by either the Branch Executive, Delegates
Committee or by a petition from members containing not less than 50% of the total membership of the Branch
55. Any meeting called for by petition shall be deemed to have lapsed if not attended by at least 70% of the signatories. Petitions
shall only be valid if each page of the petition records the reason for the petition, the employee’s printed name, depot, pay
number and signature
56. Voting at ordinary and depot meetings will be by simple majority through a show of hands provided that when a majority of
members request a secret ballot, such a ballot will be held
57. A quorum for any Branch meeting, except special meetings, shall be no less than 20 members eligible to attend the meeting
except in the case of Branches with less than 70 members; the quorum shall be 10% of eligible members
58. Where branches have a number of depots, meetings with members may be held at each depot on a regular basis. Depot
delegates have authority to hold depot meetings when required, to deal with matters that only relate to their depot. However,
delegates must advise the Union Office seven days prior to the date of any such meeting and provide a written agenda
ALTERATION OF RULES
59. Any amendment to the rules will be made by remit or notice of motion in the first instance to a Branch Annual General
Meeting. Any such resolution or remit approved by majority vote will then be forwarded to the Secretary of the National
Council for approval and shall not come into force until approved at a National Council meeting
60. No addition to, or alteration or recession of the rules shall be approved if it affects the winding up provisions of Rule 72
APPROVAL TO TAKE STRIKE ACTION
61. Where there is any proposal to strike, such strike shall not proceed until a secret ballot has been held and the result is in
favour of the strike. The ballot may be conducted by meetings, by postal ballot or by electronic voting. The question to be
voted on in the secret ballot is whether the member of the union is in favour of the strike. The result of any such secret ballot
shall be determined by a simple majority of the votes cast. As soon as reasonable practical after the ballot, the Union shall
declare the result to members who were entitled to vote
62. In the event the strike is a lawful strike on the grounds of health and safety, the provisions of Rule 61 will not apply
DISCIPLINARY MATTERS
63. It shall be an offence under these rules for any member to:
a. act in a manner contrary to the rules and policies or wilfully ignore a lawful resolution or instruction of the National Union
or Branch
b. misappropriate National Union or Branch money or property
c. divulge or publish any business or information confidential to the National Union or Branch
d. assault or abuse any member or employee of the National Union or Branch
e. make or print any defamatory statements about any member or employee of the National Union or Branch
f. ridicule or humiliate, either by statement or in print, any member or employee of the National Union or Branch
g. act in a manner that will bring the National Union or Branch into disrepute
64. Any member accused of any of the above should be given written charges of the accusation as soon as possible but always
at least seven days prior to any meeting to discuss or answer any allegation
65. The matter shall be referred to the Branch Delegates Committee who shall, after hearing all the evidence including
representations from the member rule on the matter
66. The Committee will not include any member who is party to the hearing
67. Members found to have acted contrary to the rules of the Union may be warned, suspended for a period or expelled from the
Union. Any decision will be notified in writing
68. Any person warned, suspended or expelled has the right of appeal. No appeal will proceed unless the appeal is lodged with
the Union within 14 days of the original decision being received
69. Any appeal will be heard by a Tribunal comprising of a person representing the appellant, a person representing the Branch
and an independent Chairman who shall not be a member of the Union. The Tribunal shall have the right to regulate its own
procedure provided the rules of natural justice are followed at all times
70. A member may exercise a further right of appeal to the Employment Relations Authority. No appeal to the Authority will
proceed unless the appeal is lodged within 14 days following notification being received of any decision
DISSOLUTION
71. The Branch may be dissolved by a resolution passed at a General Meeting called for that purpose and such resolution shall
be confirmed at a subsequent General Meeting called for that purpose and held not earlier than two months after the date at
which the resolution so to be confirmed was passed
72. The surplus funds of the Branch shall upon winding up or dissolution be divided equally among the remaining Branches, or if
there are no remaining Branches given or transferred to some other organisation or body having objects similar to the objects
of the first organisation, the recipient organisation being determined by a vote of the membership
COMMON SEAL
73. The Common Seal of the Branch shall be in the custody of the Branch Secretary and shall not be affixed to any document
except pursuant to a resolution of the Branch Executive and only then shall be affixed by the Secretary or President of the
Branch who shall attest such affixation by signing his name to the document so sealed
INTERPRETATION OF RULES
74. Subject to statute, these Rules, and the resolutions of General Meetings, the decisions of the Branch Executive on the
interpretation of these Rules and all matters dealt with by it in accordance with these Rules and on matters not provided
for in these Rules shall be final and binding on all members