89 - OFFICERS ATTENDANCE AT MEETINGS
Any Officer who is absent from any meeting without having previously notified the Branch President of any such intended absence, shall be considered to have committed a neglect of duty. No Officer shall leave a meeting without the consent of the meeting and any Officer or Branch Committee of Management Member absenting himself/herself without satisfactory written apology from three consecutive meetings may be deemed to have been guilty of gross neglect of duty.
89A - ABOLITION OF TOA BRANCH -TRANSITION OF TOA MEMBERS TO OTHER BRANCHES
On 1 August 2005, the TOA Branch shall be abolished. Schedule 1 sets out the rule amendments that are required to achieve this result.
On 31 July 2005, all members of the TOA Branch shall be transferred to another Branch in the Communications Division in accordance with the following scheme:
(a) Members of the TOA Branch who are identified in the TOA Branch records as persons eligible for membership of the T&S Branches shall be transferred to the appropriate state T&S Branch.
(b) Members of the TOA Branch who are identified in the TOA Branch records as persons eligible for membership of the P&T Branches shall be transferred to the appropriate State P&T Branch.
(c) The TOA Branch shall advise the appropriate Branches of the financial status of the transferring TOA member and advise of any membership fees paid in advance, or any arrears in memberhip fees.
(d) When receiving former TOA members into their branches, T&S and P&T Branches shall recalculate the financial status of the incoming member based on:
(i) any membership fees paid in advance by the member or any arrears; and
(ii) the membership fees of the new branch.
(e) Former TOA members transferring to P&T and T&S Branches shall be deemed to have the same continuity of membership in the new Branch as they had in the former TOA Branch.
(f) Notwithstanding other provisions in the Communications Division Rules, and for the purposes of any elections in the year 2005, TOA members shall be eligible to nominate for any positions to be filled by election in state T&S and P&T Branches, provided that they are financial members of the TOA Branch; they have been a financial member of the TOA Branch for at least 12 months; and the Branch in which they nominate shall be the Branch to which they will transfer on 31 July 2005.
SECTION 5 - TELECOMMUNICATIONS OFFICERS ASSOCIATION BRANCH-FURTHER PROVISIONS
The provisions of Rule 105 to 118 shall apply to the Telecommunications Officers Association Branch constituted under Rule 45 to the extent that these provisions are not inconsistent with the provisions of Rules 45 to 75. In Section 5 where the term Branch is used this is a reference to the Telecommunications Officers Association Branch of the Union.
(a) Subject to the Constitution and Rules of the Union or a decision of members obtained at a Branch Meeting or by ballot, the Branch shall be managed by a Branch Committee of Management. All policy decisions of Branch Committee of Management shall be notified to members.
(b) Branch Committee of Management shall consist of a Branch President, 2 Branch Vice Presidents, a Branch Secretary, who shall be called the Branch Officers, together with such number of financial members as have been elected as Branch Committee of Management Members in accordance with sub-rule (e) of this rule.
(c) The Branch Executive which shall consist of the Branch Officers as defined in sub-rule (b) of this Rule shall manage the day to day affairs of the Branch subject to direction from Branch Committee of Management and Branch meetings. A majority of Branch Executive shall constitute a quorum. The Branch Executive may exercise the powers of the branch Committee of Management set out in Rules 107 (b), (c), (d), (f), (l) and (p).
(d) The Branch Executive and Branch Committee of Management shall be elected by secret ballot which shall be conducted at the same time as the ballot to elect one Divisional Executive Member, one Divisional Conference Member, one Alternate Divisional Executive Member and one Alternate Divisional Conference Member.
(e) For the purposes of Branch administration the number of elected Branch Committee of Management Members shall be determined by the Branch Committee of Management in accordance with Branch needs in accordance with 107 (q).
(f) All TOA Branch Officers shall be honorary officers and shall hold office for two years from 1 August in the year of their election.
107 - BRANCH COMMITTEE OF MANAGEMENT POWERS AND DUTIES
The Branch Committee of Management subject to the Rules of the Union shall have power -
(a) To lay down and direct the policy of the branch in matters affecting the interests of members.
(b) Subject to Rule 37 to initiate, manage and control any action, proceeding and submission in respect of any industrial dispute within the Branch.
(c) Subject to sub-rule (d), to incur all expenses necessary for the proper upkeep and business of the Branch and to pay all accounts so incurred.
(d) To advance generally the objects of the Union in the Branch and to that purpose to vote and expend such monies as the Committee of Management may deem necessary, provided that a loan, grant or donation of an amount exceeding $1,000 shall not be made by the Branch, unless the Branch Committee of Management has :
(i) satisfied itself that the making of the loan, grant or donation would be in accordance with the Rules of the Union;
(ii) in relation to a loan - has satisfied itself, that in the circumstances, the security proposed to be given for the repayment of the loan is adequate and the proposed arrangements for the repayment of the loan are satisfactory; and
(iii) approved the making of the loan, grant or donation.
(e) To collect all levies, fines, fees, subscriptions and dues payable by members.
(f) To receive, consider and determine any matter or report arising under these Rules which has been submitted to the Committee of Management by Branch members.
(g) To establish Sub-Branches or Section Councils and settle any disputes that may arise between them.
(h) In accordance with Rule 43 investigate and decide any charges against members.
(i) In accordance with rule 43 shall have power to suspend a Branch Officer including an Executive Officer.
(j) Determine the procedure for the conduct of a plebiscite called for under Rule 110A.
(k) To fill vacancies in accordance with Rule 70.
(l) To submit a report of matters of general interest dealt with by the Committee of Management to General Meetings of members.
(m) To conduct the notified business of a Branch General Meeting which has lapsed for want of a quorum other than a Special General Meeting of the Branch held in accordance with Rule 113.
(n) To determine, vote and expend an amount up to a maximum of $1,000 per donation, as a donation to the Branch of the Political Organisation with which the Union is affiliated, for the purposes of State Government elections. Any such decision to be notified to the members and ratified at a Branch General Meeting.
(o) To decide, when one Divisional Conference Member from the Branch has been granted leave of absence pursuant to Rule 6(e) which Alternate Divisional Conference Member shall replace him/her.
(p) Direct Officers of the Branch.
(q) At least one month prior to the closing of nominations, determine the number of Branch Committee of Management Members provided that the number of Committee Members elected by and from members of the Branch shall be no less than 3 and no more than 6.
General Meetings of members of a Branch duly convened shall be recognised as the highest Branch authority and shall have power to ;
(i) control the affairs of the Branch subject to the Rules of the Union, decisions of the National Council, Conference and Divisional Executive and decisions of members of the Branch obtained by ballot;
(ii) decide by majority vote any question affecting the Branch arising within the Rules;
(iii) impose a levy on members to finance expenditure on a matter within the Rules, provided a complete financial statement is submitted to the meeting;
(iv) decide by a majority vote to take a ballot of the whole of the members of the Branch.
(a) General Meetings or Special General Meetings of members of a Branch may be convened by Divisional Conference or Divisional Executive in accordance with these Rules.
(b) The time and place of a General Meeting of members of a Branch shall be determined by the Branch provided that it is held not less than 14 days after receipt of notification of the decision and not more than 42 days after receipt of notification of the decision.
(c) The time for Special General Meetings of members of a Branch shall be the time determined by Divisional Conference or Divisional Executive and the place of the meeting shall be determined by the Branch Secretary.
(d) The Branch President or a Branch Vice President in the absence of the Branch President shall preside at General Meetings or Special General Meetings of a Branch.
110 - PROCEDURE AND VOTING BRANCH MEMBERS BALLOT
(a) Where a General Meeting or Special General Meeting of members of the Branch decides under Rule 108 to take a ballot of the members of the Branch the meeting shall determine the form of question at the ballot to be conducted in accordance with this Rule, and shall; (i) determine the form of the ballot paper; (ii) determine the opening and closing dates of the ballot; (b) On the opening of the ballot, the Branch Returning Officer shall forward, by pre-paid post to each member eligible to vote, a ballot paper, a copy of any directions to voters by the Branch Returning Officer and an envelope addressed to the Branch Returning Officer at his/her private post box for the purpose of the conduct of the ballot which may be posted to him/her at that address at no cost to the voter. (c) Forthwith after the closing date of the ballot the Branch Returning Officer shall ; (i) count the number of votes cast at the ballot; (ii) record in a statement in writing the number of votes for the proposal, the number of votes against the proposal, the number of votes cast and the number of ballot papers distributed to votes; and (iii) ascertain, in accordance with sub-rule (d), the result of the ballot and declare, at the next General Meeting of the Branch, the result of the ballot, specifying the matters referred to in sub-paragraph (ii).
(d) A ballot under this Rule shall be determined by a simple majority of members voting at the ballot.
110A - REQUEST BY MEMBERS FOR A PLEBISCITE
A plebiscite of financial members of the Branch may be held at any time following the presentation of a petition signed by 100 financial members or five percent of the financial members of the Branch whichever is the lesser. The procedure for the conduct of the ballot shall be determined by the Branch Committee of Management.
111 - ANNUAL GENERAL MEETING OF BRANCHES
Annual General Meetings of members of each Branch shall be held during July of each year and at such place as may be determined by the Branch Committee of Management.
112 - EXTRAORDINARY GENERAL MEETING
Upon receipt of a requisition signed by one hundred or five per cent of the financial members of the Branch, whichever is the lower, the Branch Secretary shall call an Extraordinary General Meeting. Upon default of the Branch Secretary or President to call such meeting within seven days after receipt of such requisition, the members signing such requisition may themselves call a meeting, and such meeting shall have power to act as if convened in the usual way. Each member signing a requisition for an Extraordinary Meeting shall deposit the sum of $1.00 with the Branch Secretary, which shall be forfeited in the event of his/her non-attendance at the meeting without written apology deemed to be satisfactory to the meeting.
113 - SPECIAL GENERAL MEETINGS
(a) Special General Meetings of Branches may be convened by Divisional Conference or Divisional Executive, the Branch President, the Branch Secretary or by Branch Committee of Management.
(b) Special General Meetings shall be held;
(i) on the date determined by Divisional Conference or Divisional Executive at a place determined by the Branch Secretary; or
(ii) at a time and place determined by the person or body convening the meeting in accordance with sub-rule (a).
(a) All General Meetings of a Branch shall be held at such time and place as shall be determined by resolution of the Branch. All Branch Committee of Management Meetings shall be held at such time and place as shall be determined by resolution of the Branch Committee of Management. Such meetings shall be notified at least seven days before being held. The Branch Committee of Management may, in the event of pressing necessity arising, cause notice of any intended meeting to be affixed in some conspicuous place at least twenty-four hours before the time of such meetings. All Branch Executive Meetings shall be held at such time and place as shall be determined by the Branch President and/or Secretary.
(b) Meetings of Branch Committee of Management and Branch Executive may be held by telephone conference call provided that voting at the meetings shall be confirmed by letter, electronic mail, telegram, telex or facsimile machine. The minutes of any meeting where a vote has been taken by letter, electronic mail, telegram, telex facsimile or telephone shall be forwarded to each Branch Committee of Management Member or Branch Executive Member as appropriate.
115 - OFFICERS' ATTENDANCE AT MEETINGS
Any Officer who is absent from any meeting without having previously notified the President of any such intended absence, shall be considered to have committed a neglect of duty. No Officer shall leave a meeting without the consent of the meeting and any Officer or Branch Committee of Management Member absenting himself/herself without satisfactory written apology from three consecutive meetings may be deemed to have been guilty of gross neglect of duty.
116 - ALTERATION OF MEETING DATE
(a) Where the Branch President and Branch Secretary and not less than two other Branch Officers consider it necessary, they may alter the date of a General Meeting of the Branch or of a meeting of the Branch Committee of Management.
(b) Where a date of a meeting is altered under sub-rule (a), notice of the altered date of the meeting shall be given in accordance with Rule 109 (b)
(a) At the General Meetings, wherever held 10 members shall form a quorum.
(b) At Branch Committee of Management Meetings a quorum shall not be present unless a majority of the Committee Members are present.
(c) At Branch Executive Meetings a quorum shall not be present unless a majority of Branch Executive Members are present.
(d) If no quorum is present half an hour after the advertised time of the meeting, the meeting lapses.
(a) Voting at all General Meetings shall be by a show of hands, unless a division or a ballot is requested in accordance with standing orders.
(b) Any proposals of a financial member in the country shall be treated as a motion, and be dealt with in a General Meeting.
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