36.1 The Rank and File Participation and ratification processes provided for under this rule are in addition to the provisions of these Rules regarding Branch General, Special and Extraordinary Meetings. The provisions of this Rule, to the extent of any inconsistency, shall prevail. However, the provisions of Rule 35, where they are invoked, override Rule 36.
36.2 Decisions of Divisional Executive and/or Conference which propose:
36.2.1 New Rules or amendments to existing Rules, where due notice has not been given pursuant to sub-rule 9(d) or as a consequence of an out of session decision pursuant to Rule 10; or
36.2.2 Acceptance of major Agreements affecting members; except that the Divisional Executive and/or Conference may exempt from the ratification process in this rule, agreements made pursuant to Division 2 or 3 of Part VI B of the Workplace Relations Act 1996 or any legislation replacing Part VI B of the Workplace Relations Act 1996
where Divisional Executive and/or Divisional Conference is of the view that the voting procedures used in complying with the Workplace Relations Act 1996 or any Act replacing that Act, are sufficient to indicate the intent of the majority of members concerned or
36.2.3 Other matters, as determined by Divisional Conference or Divisional Executive;
shall be subject to ratification by one of the processes provided for in this Rule, except where Divisional Conference or Executive subjects such a decision to a plebiscite of members.
36.3 Where Divisional Conference or Executive makes a decision covered by sub-rule 36.2, it shall also decide the most appropriate form of ratification process to be followed, limited to the following alternatives:
36.3.1 The normal ratification process provided for in sub-rule 36.4;
36.3.2 The urgent ratification process provided for in sub-rule 36.5;
36.3.3 The consultative survey process provided for in sub-rule 36.6;
36.3.4 The Special Members' Meetings process provided for in sub-rule 36.7; or
36.3.5 A plebiscite conducted in accordance with Rule 35.
36.4 The normal ratification process is designed to follow regular face to face meetings of Divisional Conference or Executive, and non-urgent out-of-session decisions taken on telephone hook-ups or under Rule 10 and sub-rules 15(e) and (h) and shall comprise the following steps:
36.4.1 Within fourteen days of the close of each regular physical meeting of Divisional Conference or Divisional Executive, the Divisional Secretary shall advise members of relevant decisions taken at that meeting; this advice will also contain notice of all relevant decisions of Divisional Conference or Divisional Executive (as appropriate) taken by out-of-session decision, either by telephone hook-up or under Rule 10 and sub-rules 15(e) and (h) since the last such advice was sent to members it will also comply with sub-rule 36.8 by containing results of ratification processes.
36.4.2 Each Branch Secretary will ensure that ratifiable decisions of Divisional Executive or Divisional Conference advised under sub-rule 36.4.1 are appropriately advertised on the notice paper, under the heading "Divisional Conference or Executive Decision for Ratification", advising of the next regular meeting of the Branch.
36.4.3 For the purposes of this Rule, the "next regular meeting of the Branch" will be the next Branch Committee of Management meeting scheduled, and or the next General Meeting of the Branch to be notified, provided that thenext such regular meeting is due within 28 days of the Divisional Secretary's advice under sub-rule 36.4.1.
36.4.4 Following the meeting held in accordance with sub-rule 36.4.3, the Branch Secretary shall advise the Divisional Secretary of the Branch decision to either ratify or reject the proposal, and the Branch vote will be recorded in the affirmative or the negative respectively; with final ratification subject to meeting the tests of Rule 16.
36.4.5 In the event that the meeting, at which ratification of a Divisional Conference or Divisional Executive decision is to be considered, lapses for want of a quorum, the Branch Secretary shall advise the Divisional Secretary and the Branch vote will be recorded in the affirmative.
36.4.6 The Divisional Secretary will advise Branches and/or members as appropriate, of the results of the ratification process.
36.5 The urgent ratification process may be invoked by Divisional Conference or Divisional Executive in circumstances where the union needs to resolve its position much quicker than the normal ratification process allows; and may be applied to Divisional Executive or Divisional Conference decisions taken at physical meetings, telephone hook-ups or Rule 10 or sub-rules 15(e) and (h) processes; and will comprise the following steps:
36.5.1 Within two days of the decision being taken by Divisional Executive or Divisional Conference and having been deemed urgently ratifiable, the Divisional Secretary will advise Branches of the decision, and the date by which it must be ratified, and, if necessary, by whom it is to be ratified;
36.5.2 Should a Branch have members affected by the urgently ratifiable decision, the Branch Secretary will notify such members of the decision and the ratification date and the details of the meeting called to consider ratification;
36.5.3 The urgent ratification meetings(s) will be held within the period set by Divisional Conference or Divisional Executive and the result advised to the Divisional Secretary immediately the Branch position is clear;
36.5.4 The Divisional Secretary will advise Branches of the outcome of the ratification process once the Divisional result has been tallied.
36.6 The consultative survey ratification process is designed for circumstances where it is deemed more appropriate for members affected by a proposal to directly consider its ratification, than to refer to Branch Committees of Management or to Special Meetings of Members, and shall comprise the following steps;
36.6.1 Once the Divisional Executive or Divisional Conference has deemed that a decision is ratifiable by members (or a relevant section thereof) via a Consultative Survey, it shall also decide the relevant dates for conducting the survey and the methods used in conducting the survey including the form of the ballot paper and the supporting material; and the Divisional Secretary will advise the Branch accordingly;
36.6.2 Branch Secretaries, as appropriate, will ensure that the consultative survey is conducted within the time frame and the methods determined in sub-rule 36.6.1; and upon notified closure and counting of the survey, convey the result to the Divisional Secretary;
36.6.3 The Divisional Secretary will tally the Divisional result and will advise Branches if the decision has been ratified or otherwise, where ratification requires an overall majority of votes cast.
36.7 The Special Members' Meeting ratification process is designed for circumstances where it is deemed appropriate by Divisional Executive or Divisional Conference to submit a matter directly to the appropriate group of members for ratification or otherwise and shall comprise the following steps:
36.7.1 Where the Divisional Conference or Divisional Executive decides that a matter should be subject to ratification by Special Meetings of affected members, it shall also decide which groups of members are affected and therefore eligible to vote on ratification, and the relevant dates by which the Special Meetings must be held and results returned to the Divisional Secretary; and the Divisional Secretary shall advise Branches accordingly;
36.7.2 Branch Secretaries, who have members eligible to consider the ratification proposal, shall make arrangements to hold the meetings(s) in the time frame established in sub-rule 36.7.1; and upon conclusion of the meeting(s) convey the Branch vote to the Divisional Secretary;
36.7.3 The Divisional Secretary will tally the Divisional Result and will advise Branches if the decision has been ratified or otherwise, where ratification requires either (in the case where a specific sub-group of members is affected) an overall majority of votes cast being cast in favour when tallied Divisionally, or (in cases where members of more than one Divisional Group are involved) that the voting tests in Rule 17 have been met; provided that where a Special Meeting called under sub-rule 36.7.2 lapses for want of a quorum, the Branch votes will be recorded in the affirmative.
36.8 Where a decision of Divisional Executive or Divisional Conference has been subject to ratification processes under this Rule or Rule 35, the Divisional Secretary and Divisional President will ensure that the method and results of ratification are published in the advice to members issued in accordance with sub-rule 36.4.1.
In furtherance of the lawful objects of the Union, industrial action may be taken as follows:
(a) upon the approval of the Divisional Conference or Divisional Executive being carried in accordance with these Rules; or
(b) in emergent circumstances, upon the authorization of the Divisional Secretary after consultation with the Divisional President or, in the absence of the Divisional Secretary, upon the authorization of the Divisional President.
A bargaining period not directly affecting members of another Division, may be instituted on behalf of the Union by the Divisional Secretary, or in the absence of the Divisional Secretary, by the Divisional President.
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.
(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.
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