38 - DUTIES OF DIVISIONAL PRESIDENT

(a) The Divisional President shall preside at all Divisional Conference and Executive meetings and any other meetings held at the direction of the Divisional Executive or Conference.

(b) The Divisional President shall ensure that the general working of the Division is in accordance with the Rules and the decisions of Divisional Conference and Executive.

(c) The Divisional President will have responsibility for the implementation of Divisional Conference and Executive decisions and day to day matters which primarily affect or involve Telecommunications and Services Branch members or general telecommunication issues.

(d) Divisional Office staff selection and administration shall be undertaken in agreement with the Divisional Secretary. In the case of disagreement the matter will be referred to the Executive.

(e) The Divisional President will with the Divisional Secretary, jointly edit and prepare for publication in the official journal of the Division matters of interest and information to members.

(f) The Divisional President shall sign cheques as required together with the Divisional Secretary.

(g) Upon the Minutes of Divisional Conference or Executive being confirmed, the Divisional President shall sign the minute book in the presence of the meeting.

(h) The Divisional President shall preserve good order at all meetings so that the business of the Division may be properly conducted. Further, the Divisional President in all other matters shall act as directed by the Divisional Executive or Conference.

(i) The Divisional President may submit a report annually to Divisional Conference.

39 - DUTIES OF DIVISIONAL VICE PRESIDENTS

The Divisional Vice Presidents shall assist the Divisional President at meetings of the Divisional Conference and the Executive as required and at any other meetings directed to be held by the Divisional Executive or Conference.
In the absence of the Divisional President or when the Divisional President desires to leave the Chair, the meeting shall select one of the Divisional Vice Presidents to occupy the Chair and assist in having the business of the Division carried out in accordance with the Rules.
The Divisional Vice Presidents may be allocated special duties or functions by the Divisional Conference or Executive.

40 - DUTIES OF DIVISIONAL SECRETARY

The duties of the Divisional Secretary shall be:

(a) to be responsible for the implementation of Divisional Conference and Executive decisions and the day to day Divisional issues except those falling within the duties of the Divisional President;

(b) to be responsible for the overall administration of the Divisional Office and of the funds and property of the Divisional Executive. Divisional office staff selection and administration shall be undertaken in agreement with the Divisional President. In the case of disagreement the matter will be referred to Divisional Executive or Conference;

(c) to keep a correct account of all monies received and expended, and to keep a record of all receipts and vouchers. To pay into the Division's bank account all cash received within forty eight hours after its receipt. To sign all cheques and authorise Electronic Funds Transfer, together with the Divisional President or Assistant Divisional Secretaries and at all reasonable times produce the bank books when required by the Divisional Executive for their inspection together with a copy of the general balance sheet;

(d) to promptly attend to all correspondence and answer such questions as may be asked in accordance with the Rules of the Division and generally to act according to the directions of the Divisional Conference and Executive;

(e) to attend all meetings of Divisional Conference and Executive and to ensure that minutes of such meetings are taken;

(f) to keep a correct credit and debit account between every Branch of the Division;

(g) to produce to the auditor at each audit the banking books and financial records of the Division with balance sheet, for inspection together with the receipts and vouchers and all other documents in his/her possession and to sit with the auditors when auditing the Divisional Executive accounts, inserting his/her name and address on all letters and returns and generally maintain a report on the accounts of the Divisional Executive in accordance with the requirements of the Workplace Relations Act 1996 (or any Act replacing that Act);

(h) to convene meetings of the Divisional Executive;

(i) to supply all Branches with a copy of the minutes of meetings of Conference and the Divisional Executive;

(j) to prepare a summary of Branch balance sheets and forward them to the Branch Secretaries;

(k) prepare and forward the annual returns to the Industrial Registrar;

(l) to jointly edit with the Divisional President and prepare for publication in the official journals of the Division matters of interest and information to members;

(m) to keep the register of Branches of the Division in accordance with the provisions of Rule 49;

(n) to do all other things required by these Rules of the Divisional Secretary together with such special duties and responsibilities as required and directed by Divisional Conference or Executive.

41 - DUTIES OF DIVISIONAL ASSISTANT SECRETARIES

The Divisional Assistant Secretaries shall assist the Divisional Secretary and the Divisional President as may be required.

42 - OFFENCES AND PENALTIES

(a) Any member of the Division may charge any other member with:
(i) Failing to observe any of the Rules of the Division or of any Branch;
(ii) Knowingly failing to comply with any resolution of Conference, the Divisional Executive or Branch Committee of Management;
(iii) Committing any fraudulent act or unlawful act in relation to the funds or property of the Union, or in relation to any election held under its Rules;
(iv) Knowingly giving false or misleading information to the Divisional Conference, Divisional Executive or Branch Committee of Management or to any meeting held under the Rules of the Division or to any officer of the Division on any matter affecting the interests of the Division or its members;
(v) Wrongfully holding himself/herself out as occupying any office or position in the Division or any Branch thereof, or as being entitled to represent the Division or a Branch in any capacity;
(vi) Obstructing or unreasonably failing to assist any Officer in the course of his/her duties;
(vii) After having been reasonably requested to assist, failing to assist Divisional Conference, the Divisional Executive, any Branch Committee of Management or other lawful committee or body of the Division in any way in the performance of its functions;
(viii) Failing to report to the Branch Committee of Management or Divisional Executive a member who he/she believes has been guilty of a breach of the Rules;
(ix) Behaving in a drunken, disorderly or offensive manner at any meeting held under the Rules of the Division or in the office of the Division or of any Branch;
(x) Aiding or encouraging any member in any offence under the Rules.

(b) Without limiting the generality of paragraph (a) of this Rule, any member of the Union may charge any person elected to office within the Division with:
(i) misappropriation of the funds of the Division;
(ii) a substantial breach of the Rules of the Division;
(iii) gross misbehaviour; or
(iv) gross neglect of duty. Provided that where a full-time Divisional Officer is so charged, the charge shall be heard by the Divisional Executive.

(c) Any charge shall be made in writing and shall be made to the Divisional Secretary or Branch Secretary. Such Officer may, if he/she thinks fit, and shall, if directed by the Divisional Executive or (in the case of the Branch Secretary) by the Branch Committee of Management, summon the member charged before one of those bodies. The summons shall be in writing and shall state the time and place of the hearing, the name of the person laying the charge, and the substance of the charge. The person charged shall be given reasonable notice of the hearing and his/her fares to and from the place of the hearing shall be paid. He/she shall, on written request, be supplied with such further particulars as may be necessary to indicate the precise matters with which he/she is charged.

(d) The Divisional Executive and the Branch Committee of Management shall have power to hear and determine charges under this Rule. (e) At the appointed time and place (or at such time and place to which the meeting is adjourned or postponed and of which the member charged is notified), the charge may be investigated, and the hearing may proceed in the absence of the member charged, unless a satisfactory explanation of his/her absence has been received. At the hearing, the member charged must be given a reasonable opportunity to defend himself/herself, call any witnesses upon whose evidence he/she may rely, and, if he/she wishes, tender a written submission.

(f) Subject to paragraph (g) of this Rule, if the Divisional Executive or Branch Committee of Management finds a member guilty of a charge laid pursuant to paragraph (a) of this Rule, it may:
(i) fine him/her a sum not exceeding $20;
(ii) expel him/her from membership of the Union;
(iii) suspend him/her from membership for a specified period or until the happening of a specified event or until the performance by him/her of a specified act. Suspension from membership shall deprive him/her from the rights and benefits of membership, but shall not relieve him/her of the obligations of membership and shall not exceed six months for any offence;
(iv) impose no penalty.

(g) Notwithstanding anything elsewhere contained in this Rule, the Divisional Executive or Branch Committee of Management shall not dismiss or suspend from office, or expel or suspend from membership of the Union any person elected to office within the Union unless such person has been found guilty of a charge laid pursuant to paragraph (b) of this Rule, in which event the Divisional Executive or the Branch Committee of Management (as the case may be) may take in respect of such person any of the actions specified in paragraph (f) above, or may dismiss such person from office or may suspend him/her from office for such period as it thinks fit or until the happening of a specified event or until the performance by such person of a specified act provided that such suspension from office shall not exceed six months for any offence.

(h) Where a full-time Officer has been dismissed or suspended from office or expelled or suspended from membership of the Union in accordance with this Rule and he/she elects to appeal pursuant to paragraphs (i) and (j) of this Rule, he/she shall be deemed to have been suspended from office on full pay from the date of the imposition of such penalty until the hearing and determination of his/her appeal.

(i) Any member on whom a penalty has been imposed by a Branch Committee of Management under this Rule may appeal to either the Divisional Executive or Conference, which may confirm, vary or annul the penalty. Notice of appeal shall be given in writing to the Divisional Secretary within twenty-one days from the date of the member being notified of the Branch Committee of Management decision and shall set forth in full all matters which the appellant desires to be considered. Where the member has appealed to the Divisional Executive, the Divisional Executive shall hear the appeal at its next meeting after the appeal is made where practicable or where not the Divisional Executive shall decide at that meeting when and where the appeal shall be heard. Where the member has appealed to the Divisional Conference the Conference shall hear the appeal at its next meeting. The decision of Divisional Executive or Conference shall be final and conclusive.

(j) Where the charge has been heard in the first instance by the Divisional Executive, the member on whom a penalty has been imposed may appeal direct to Divisional Conference, which shall finally determine the matter. The notice of appeal in such case shall be in writing and given to the Divisional Secretary within twenty-one days from the date of notification of the decision of the Divisional Executive. The same conditions shall apply to the contents of the notice of appeal and to procedure at the hearing of the appeal as in the case of appeals from decisions of Branch Committee of Management to the Divisional Executive or Conference.

(k) Subject to paragraph (h) of this Rule, application of any penalty imposed under this Rule shall be withheld whilst the member is exercising the right of appeal provided by this Rule.

(l) Where, in the opinion of the Branch Committee of Management or the Divisional Executive hearing the matter, the charge is frivolous, the member making the charge may be ordered to pay a fine not exceeding ten dollars.

(m) For all investigations, inquiries or appeals provided for by these Rules and in particular by this Rule, including an appeal to Conference as is mentioned in paragraph (i) and (j) of this Rule the following procedure shall be followed:
(i) inform the member charged that a charge has been laid against him/her under the Rules (quote rule) by a member (naming the member) and that a Rule Book is available for him/her if he/she requires it. Read the charge;
(ii) ask whether the member charged pleads guilty or not guilty;
(iii) ask the member laying charge to state case;
(iv) give member charged and then members of tribunal opportunity to question the person laying charge;
(v) ask the member making charge to call witnesses, if any, or other evidence;
(vi) hear evidence of witnesses;
(vii) give the member charged and then members of tribunal opportunity to question each witness;
(viii) ask the member charged to answer case;
(ix) give the member laying charge and then members of tribunal opportunity to question member charged;
(x) ask the member charged for witnesses, if any, or other evidence;
(xi) hear evidence of each witness;
(xii) give opportunity to member laying charge and then members of tribunal to question witnesses;
(xiii) give the member laying charge and then the member charged opportunity to address members of the tribunal on the whole case;
(xiv) ask the member charged and the person laying charge to withdraw while the matter is discussed by the members of the tribunal. Inform them, if possible, how long it is expected before the decision will be given, e.g. telling them either to wait or that the decision will be notified in writing;
(xv) discuss evidence and decide whether guilty or not. If guilty, decide on penalty, if any.

43 - DIVISIONAL COUNCILS

(a) There shall be two Divisional Councils constituted covering the Postal Industry Divisional Section and the Telecommunications Industry Divisional Section known as the Postal Divisional Council and the Telecommunications Divisional Council respectively. The Postal and Telecommunications Divisional Councils shall consist of the Divisional Officers and such number of Branch Representatives as is determined by the Divisional Executive. Branch Representatives shall be appointed by their respective Branch Committee of Management.

(b) The Postal and Telecommunications Divisional Councils shall consider and make recommendations only to the Divisional Conference and/or Divisional Executive on policy and industrial matters relating to the Industry Divisional Section they cover.

(c) The frequency, dates and venues and agenda of Divisional Council meetings shall be determined by the Divisional Executive on the recommendation of the Divisional Secretary and Divisional President. The membership of certain Divisional Officers of both Divisional Councils will not prevent simultaneous meetings of both bodies.

(d) Meetings of the Divisional Councils shall be convened jointly by the Divisional President and Divisional Secretary.

(e) Divisional Councils will be properly constituted when at least (50) fifty per cent of members are present.

(f) Each member of a Divisional Council shall have one vote. Resolutions shall be carried by a simple majority.

43A - NATIONAL WOMEN'S COMMITTEE

(a) The Divisional Secretary shall convene a National Women's Committee to be chaired by the Divisional Vice President (Affirmative Action) which shall meet at least annually. The Committee will be comprised of a maximum of two female representatives from each Branch, the Divisional Vice President (Affirmative Action) and the Divisional Secretary or their nominee. The committee can meet face to face, by telephone conference or by video conference. The Divisional Vice President (Affirmative Action) shall be responsible for referring decisions of the National Women's Committee to the Divisional Postal or Telecommunications councils and/or the Divisional Executive as appropriate.

(b) The National Women's Committee will be properly constituted when at least (50) fifty per cent of members are present.

(c) Each member of a Divisional Council shall have one vote. Resolutions shall be carried by a simple majority.