CEPU CD RULES
Index to CEPU CD Rules
21 - ELECTION FOR DIVISIONAL OFFICE
(a) (i) The following Officers shall be full-time Divisional Officers:
(A) one Divisional President;
(B) one Divisional Secretary;
(C) Two (2) Divisional Assistant Secretaries.
In addition to the above, the following will be honorary Divisional Officers:
(D) Two (2) Divisional Vice-Presidents viz. one (1) Divisional Vice-President and one
Divisional Vice-President (Affirmative Action).
(ii) (A) Full time and Honorary Divisional Officers shall be elected for a term of four (4)
years and shall take up office on 1 August following the declaration of the election
to the office in question.
(B) Divisional Conference and Alternate Divisional Conference Members, Divisional
Executive and Alternate Divisional Executive Members shall be elected for a term
of two (2) years and shall take up office from 1 August following the declaration
of the election of the office in question.
(C) In the event that the Returning Officer is unable to declare a person elected to an
office referred to in sub-rules (i) and (ii) above on or before 1 August in the year of
election the person holding office shall remain in that office until the office is
declared elected.
(D) The election of Divisional Officers shall be by a secret ballot of the financial
members of the Division conducted in accordance with these Rules and shall be
held in conjunction with and at the same time as the election of Branch Officers as
provided for in Rule 67.
Provided that:
(1) the Vice-President (Affirmative Action) shall be elected by and from
financial female members of the Division;
(iii) Divisional Conference Members, Alternate Divisional Conference Members, Divisional
Executive Members and Alternate Divisional Executive members shall be elected when
necessary by a secret ballot of the financial members of each Branch or Divisional Section
of each Branch. Such ballot to be conducted by the Branch Returning Officer in
conjunction with the ballot for the election of Branch Officers and Branch Committee of
Management of each Branch of the Division and subject to sub-rules (d)(i) and (d)(ii) in
accordance with the provisions of Rule 67.
(iv) The election of the National Councillor and Alternate National Councillor representing the
TOA Divisional Branch and the Alternate National Councillor (Affirmative Action)
positions shall be by a secret ballot of financial members of the TOA Divisional Branch or
financial female members of the Division, as the case may be, and shall be conducted in
conjunction with and at the same time as the election of Divisional Officers as provided
for in Rule 23.
(v) Special Provision - Telecommunications and Services Branches
(A) Where the number of Divisional Conference Members representing a Divisional
Section in a Branch is more than one, the number of Divisional Conference
Members who are full time Officers or employees of the Divisional Section shall
not exceed 50% of the total number of Divisional Conference Members, excluding
Alternate Divisional Conference Members, representing the Divisional Section in
a Branch.
(B) In counting the ballot for members of Divisional Conference where the number of
Divisional Conference members representing the Divisional Section is more than
one, the Returning Officer shall first count the votes for the office of Divisional
Conference Members representing that Divisional Section and determine whether
the proportion of full-time office holders or employees of the Divisional Section
referred to in sub-rule (d)(i) has been exceeded.
In the event that the proportion has been exceeded, the Returning Officer shall
eliminate the Officer/s or employee/s with the fewest votes necessary to ensure
that the proportion is not exceeded and allocate the next preference of the voter
which shall be counted in place of votes for the person/s eliminated.
22- NATIONAL COUNCILLORS & ALTERNATE NATIONAL COUNCILLORS
(i) The National Council shall be constituted in accordance with rule 7.10 of Section A rules being
the National Rules of the union.
(ii) An Alternate National Councillor shall be elected for each position of National Councillor except
for the positions of Divisional President, Divisional Secretary, and the Divisional Assistant
Secretaries.
(iii) Except where otherwise provided, the term of office for National Councillors and Alternate
National Councillors shall be four (4) years.
(iv) Persons nominating for positions referred to in this sub-rule shall have not less than 12 months
continuous financial membership of the union on the date of closing of nominations.
(v) The elections for the positions of Alternate National Councillor shall be by a secret ballot of the
financial members of the Branch Divisional Section represented and be conducted in conjunction
with the election of Divisional Officers or Branch Officers as provided for in rule 23 or rule 67, as
the case may be.
(vi) The election for the position of Alternate National Councillor (Affirmative Action) shall be by
secret ballot by and from the financial female members of the Division.
(vii) The National Executive shall be constituted in accordance with rule 7A.1 of Section A being the
National Rules of the union.
23 - DUTIES OF DIVISIONAL RETURNING OFFICER - ELECTION OF DIVISIONAL OFFICERS
The duties of the Divisional Returning Officer shall be:
(a) To prepare a Roll of Voters who are entitled to vote in the election. The Roll of Voters shall close
seven (7) days before the day on which nominations for the election are to open. Nothing in this
sub-rule shall prevent the correction of errors in the Roll of Voters after the Roll is closed.
(b) (i) To make the Roll of Voters available for inspection and copying by members or by any
other person authorised by him/her, to be used for election purposes only, during ordinary
business hours at the place where he/she carries out their duties in relation to the election
in the period commencing the day after the Roll of Voters is closed and ending thirty (30)
days after the declaration of the result of the election.
(ii) The Roll of Voters may be kept and may be supplied electronically.
(c) If there are no more nominations than there are vacancies for a position, to declare the nominated
person or persons elected to that position.
(d) If more nominations are received than there are vacancies for a position, to have ballot papers
printed and delivered to him/her containing the names of the candidates for each position in the
order they are drawn, indicating the number to be elected to each position, the manner in which a
vote shall be recorded, and the date and the time of closing of the ballot.
(e) To be responsible for the safe custody of the ballot papers.
(f) To obtain from the printer a certificate of the number of ballot papers printed.
(g) To forward by prepaid post in an envelop having as few distinctive characteristics as possible to
each member entitled to vote:
(i) such ballot paper or ballot papers as is or are appropriate for the purpose of the election;
(ii) a pre-paid or business reply paid envelope having as few distinctive characteristics as
possible addressed to the Returning Officer at a Post Office Box number designated by
him/her;
(iii) an envelope capable of insertion in the outer envelope referred to in (ii) above, such
envelope to have provision on the outside of the envelope for the member to fill in the
member's name and address and to sign his or her signature;
(iv) an envelope marked 'ballot paper only' capable of insertion in the envelope referred to in
(iii) above;
(v) voting instructions, printed either on the ballot paper referred to in (i) above or on a
separate sheet of paper, containing such voting instructions as the Returning Office
considers necessary or desirable including an instruction that the completed ballot paper
should be inserted in the envelope referred to in (iv) above, the envelope sealed and
inserted into the envelope referred to in (iii) above, the name, address and signature to be
completed on the envelope referred to in (iii) above, the envelope sealed and enclosed in
the outer envelope referred to in (ii) above and returned by post to the Returning Officer.
Such instructions shall make clear that the process of counting by the Returning Officer
shall eliminate any possibility of ascertainment of a member's identity.
(h) At the time of the forwarding of ballot papers and other documents referred to above, subject to
employer approval, prepare a notice and arrange for the placing of such notice on notice boards at
places where more than ten members work or report for work, informing members of the
forthcoming election, the distribution of ballot papers and a statement that any member entitled to
vote who does not receive a ballot paper by a date specified by the Returning Officer in his/her
discretion, being a date some days after projected posting and before counting begins, to report
such non-receipt to the Returning Officer.
(i) To control a ballot box provided for the receipt of ballot papers and in the presence of the
scrutineers, if they desire to be present, to see that the box is empty immediately prior to the
opening of the ballot and thereupon seal the said box to ensure that it remains sealed, until the time
fixed for the closing of the ballot.
(j) (i) After the closing date of the ballot in the presence of scrutineers appointed pursuant to
Rule 25 to open each envelope referred to in (j) (ii) above which has been returned to
him/her, examine the section of the envelope referred to in (j) (iii) above, strike the name
of the member appearing thereon off the roll as having voted in the election, and subject to
(ii) below, admit the inner envelope marked 'ballot paper only' containing the ballot paper
to the count after removing it from the outer envelope;
(ii) To conduct prior to the removal of the inner envelope marked 'ballot paper only', in the
presence of scrutineers, a random check of the signatures appearing on the outer envelope
by comparing approximately one signature in every one hundred votes of the signature
appearing in the organisation's records, provided the Returning Officer shall have a
complete discretion to check any additional signatures as he/she thinks fit;
(iii) To engage, if he/she thinks fit, the services of a Bank Officer, or such other person skilled
in the comparison of signatures, to assist him/her in decisions relating to signatures,
providing that the Returning Officer shall be final judge of whether the envelope has been
signed by the member named therein;
(iv) After processing each of the envelopes referred in (i) above, to remove the ballot papers
admitted to the count from the envelopes marked 'ballot paper only' and proceed to count
the ballot;
(v) No envelope referred to in (j) (iii) above shall be admitted to the count if the envelope has
not been filled up or has not been filled up to an extent sufficient in the opinion of the
Returning Officer to enable him/her to be satisfied as to the identity of the member casting
such votes;
(vi) To retain for a period of twelve months after completion of an election the roll of voters,
and each envelope and the ballot paper referred to above;
(vii) At the completion of an election to, subject to this Rule, declare the result of the ballot and
submit to the Divisional Secretary a full report on the ballot indicating the number of
ballot papers printed, the number distributed, the number on hand, and any other relevant
matters;
(viii) The Returning Officer for the purposes of carrying out the matters set out in (i), (ii), (iii)
and (v) above may require the relevant Branch Secretary to provide him/her with
reasonable access to the Branch Membership Records at such and for such period or
periods of time as he/she might reasonably require. Such access shall not be or deemed to
be possession for the purposes of (vi) or the provisions of the Industrial Relations Act
though any copies of such membership records, or parts thereof, made by or on behalf of
the Returning Officer and coming into his/her possession shall be retained for a period of
twelve months in accordance with the provisions of the Industrial Relations Act or
pursuant to (vi) above as the case may be.
(ix) Wherever in this Rule there is reference to the Returning Officer such expression shall
include any of his/her staff or any person duly authorised by him/her or on his/her behalf
to conduct or assist in the conduct of any of the said elections or any part thereof.
(k) The Divisional Returning Officer may take action and give such directions as he/she considers
necessary in order to ensure the secrecy of the ballot and that no irregularities occur in or in
connection with the election or to remedy any inconsistency or inadequacy that arises in the
application of the Rules in the conduct of the election.
(l) Any candidate for an office may on payment of an amount of ten dollars within seven days of the
declaration of the poll or ballot, lodge with the Divisional Secretary a demand for a recount, with
the right to appoint his/her own scrutineer, and upon the receipt of such demand the Divisional
Secretary shall arrange for the Divisional Returning Officer, within seven days, to conduct a
recount. In the event of the recount result being in favour of the person seeking the recount, the
sum of ten dollars shall be refunded to the person concerned.
(m) The system of voting shall be that known as "first past the post" and shall allow for an order of
preference to be indicated by the voter so that in the event of the elimination of a candidate or
candidates an effective vote may be cast. Where the intention is clear, the vote will be included in
the count. This intention may be indicated by a cross or tick or where the voter desires to indicate
a preference in the event of the elimination of a candidate or candidates, by a number. In the event
of the votes of two or more candidates, one of whom is a sitting Officer, being equal, the sitting
Officer shall be declared elected. In other cases of equal voting the Returning Officer shall
determine the ballot by drawing lots.
24 - CASUAL AND EXTRAORDINARY VACANCIES - DIVISIONAL OFFICES
(a) (i) In the event of a Divisional Officer position becoming vacant for any reason, the position
shall be declared vacant by the Divisional Executive within (1) one month and shall,
subject to (ii) hereof, be filled by appointment of the Divisional Executive within (3) three
months of the declaration of the vacancy.
(ii) The person so appointed shall hold office for so much of the unexpired part of the term of
the office as does not exceed:
(A) (12) twelve months; or
(B) three-quarters of the term of the office;
whichever is the greater.
(iii) No person shall be eligible to be appointed to a vacancy unless such person has been a
financial member of the Union for a continuous period of not less than twelve (12) months
immediately prior to the declaration of the vacancy.
(iv) A person appointed under this Rule if nominating for the same office or position at the
next election shall be deemed to be the holder of that office, or position, in accordance
with these Rules.
(b) (i) In the event of a Divisional Officer position becoming vacant for any reason, and the
unexpired part of the term of the office exceeds that specified by paragraph (ii) of sub-rule
(a) of this Rule, the vacancy shall be filled by ballot of the financial members of the
Division and the Officer so elected shall hold office until the next election of Officers.
Provided that where the vacancy occurs in an office of Divisional Vice President
(Affirmative Action) the vacancy shall be filled by a ballot of relevant members in
accordance with rule 21(a)(ii)(D)(1) of these Rules.
(ii) Except as provided by subsequent paragraphs of this sub-rule the election shall be
conducted in the same manner and subject to the provisions of Rules 19, 21 and 22 above.
(iii) Nominations shall be called for by notice published in the Divisional Executive or Branch
Journal.
(iv) Nominations shall close at twelve noon on a date to be determined by the Divisional
Returning Officer, provided that the date so determined shall be not less than fourteen
days after the publication referred to in paragraph (iii) of this sub-rule and not more than
thirty days after the office is declared vacant.
(v) The ballot shall close at a time and date to be fixed by the Divisional Returning Officer
but not more than thirty days after the close of nominations.
(vi) At the completion of an election, and subject to this Rule, the Divisional Returning Officer
shall declare the result of the ballot and submit to the Divisional Secretary a full report on
the ballot indicating the number of ballot papers printed, the number distributed, the
number on hand and any other relevant matters. The candidate declared elected shall be
entitled to assume their office as and from the date of the declaration.
(vii) The person elected under this sub-rule to an office and if nominating for the same office at
the next ballot shall be deemed to be the holder of that office in accordance with Rule 4(i).
(c) In the event of the office of National Councillor, Alternate National Councillor, Divisional
Conference Delegate or Divisional Executive Member or Alternate Divisional Conference
Delegate or Alternate Divisional Executive member becoming vacant for any reason, it shall be
filled by the Branch concerned in accordance with the provisions of Rule 68 except where the
unexpired part of the term of office exceeds that specified by paragraph (ii) of sub-rule (a) of this
Rule in which case it shall be filled by the Branch concerned in accordance with the provisions of
Rule 69.
(d) Where a Divisional Officer, Divisional Conference Delegate or Divisional Executive Member,
Alternate Divisional Conference Delegate or Alternate Divisional Executive Member has been
certified by two medical specialists to be of unsound mind or subject to chronic illness to such an
extent that they believe the officer incapable of carrying out the office, Divisional Executive shall
request the Officer to resign. Failing acceptance of the Officer's resignation within fourteen days,
the matter shall be referred back to the Divisional Executive who may then declare the position
vacant. The Officer concerned shall have twenty-eight days in which to lodge an appeal to
conference which may uphold or overrule the decision made by the Divisional Executive.
The Divisional Executive or Divisional Conference, when considering the matter, shall have
regard to any medical evidence that the Officer desires to submit.
Where the decision of the Divisional Executive is overruled by Conference, the Officer shall be
reinstated without loss.
Pending any appeal under this rule to Conference, the Officer appealing shall be entitled to the
payment of ordinary remuneration. Pending the finalisation of any such appeal, no election may
be held to fill the office declared vacant.
In any proceedings under this Rule, the Rules of Natural Justice shall apply, and the Officer shall
be given the right to be heard and to be represented by agent, solicitor or counsel in any
proceeding before the Divisional Executive or Conference.
24A - CASUAL VACANCIES-DIVISIONAL OFFICERS-ABOLITION OF A POSITION OF DIVISIONAL ASSISTANT SECRETARY OR CONVERSION TO AN HONORARY OFFICE
(a) Notwithstanding anything contained in Rule 24, where a full-time office of Divisional Assistant
Secretary becomes vacant more than 56 days prior to the opening of nominations for the next
election of the office concerned as provided for by Rule 19, the Divisional Executive may resolve
to:.
(i) abolish the office of Divisional Assistant Secretary; or
(ii) convert the office of Divisional Assistant Secretary to an honorary position.
(b) Where the Divisional Executive resolves to abolish an office of Divisional Assistant Secretary or
to convert the office to an honorary office, the Divisional Executive shall direct the Divisional
Secretary in accordance with Rule 10(b) to submit to Divisional Conference within fourteen (14)
days:
(i) the resolution to abolish the office or to convert the office to an honorary office, as the
case may be; and
(ii) the necessary rule changes required under the rules to abolish the office of a Divisional
Assistant Secretary or to convert the office to an honorary office, as the case may be.
(c) Divisional Conference shall deal with the Divisional Executive resolution and the required rule
changes in accordance with the provisions of Rule 10 (b), (c), (d) and (e).
(d) Pending the requirements of sub-rules (a), (b) and (c) and the certification of the required rule
changes by an Industrial Registrar, the provisions of Rule 24(a) and (c) shall not apply.
25 - SCRUTINEERS
(a) Any candidate in a ballot conducted pursuant to Rules 21, 23 and 2, may appoint a scrutineer who
is a financial member of the Division being a person other than a candidate, to represent the
candidate at the ballot. The candidate appointing a scrutineer shall, before the commencement of
the ballot, notify the Returning Officer in writing of the name of such scrutineer. The candidate
may, at any time by a notice in writing, appoint another such person to carry out the functions of
scrutineer where the first mentioned person does not carry out those functions.
(b) Scrutineers shall be entitled to be present at all stages of the ballot. It is the duty of the scrutineer
to report to the Returning Officer any irregularity in or in connection with the conduct of the ballot
which has come to his/her notice. Scrutineers shall not interfere with any member at the time such
member is casting a vote nor be entitled to remove, mark, alter or deface any ballot paper or other
document used in connection with the election. Scrutineers shall comply with any lawful direction
given by Returning Officer.
(c) The Returning Officer shall give every facility to the scrutineers to attend and represent the
interests of their candidates at every stage of the ballot.