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COMPULSORY STANDARD RULES
It shall be compulsory for any grouping applying for admission to NTESU for a
Certificate of Compliance to adopt the following in the Branch rules. (Numbering within the branch rules
not preceded by the character "A" refers to Sections in the NTESU Constitution.)
DEFINITIONS
Any definitions contained in the NTESU Constitution shall be applied in respect of Branch Rules; Branch Rules may add to, but not alter, those definitions. The words "the Constitution" refer to the NTESU Constitution. The term "Branch Executive Committee" includes "Branch Executive Liaison Group".
BRANCH FORMATION
A.1
Any grouping of employees at an institution of tertiary education as allowed in Paragraph 2.1 or as defined in the Definitions for the Constitution may form a Branch as prescribed in Section 13 of the Constitution and apply to NTESU for a Certificate of Compliance.
A.1.1
Where there are multiple campuses of an institution the institution shall be considered to have one Branch of the NTESU covering all campuses. The first established Branch at any institution may foster the establishment of a Branch Executive Committee at each campus section of the institution, this committee shall then take charge of representation at that campus.
A.1.2
A Branch section shall elect a Branch Executive Committee, at a Branch Annual General Meeting, as if it were an independent Branch of the NTESU, which shall deal with action, representation and recruitment at the Branch section in liaison and co-ordination with the Branch Executive Liaison Group.
A.1.3
The Branch Chairperson and Branch Secretary of each campus Branch Executive Committee shall form a Branch Executive Liaison Group which will coordinate recruitment, action, representation, general strategy, information sharing, and institutional policy development between the campus sections and generally oversee the affairs of the Branch as a whole.
A.1.4
The Branch Executive Liaison Group shall set the terms of reference and limitations on independence for each section of the Branch and may share out working parties and commissions on workplace issues amongst the different Branch sections.
A.1.5
The Branch Executive Liaison Group shall ensure that each meeting of the Union at each section, whether this is a committee, or, general, meeting of the Union, shall share the same main agenda. Items which are local to a specific campus shall be dealt with as a separate item on each agenda. Items under Any Other Business shall be shared through the circulation of the minutes of each meeting.
A.1.6
The Branch Executive Liaison Group shall consolidate the decisions and minutes of each meeting of the Branch and disseminate this as minute document for the Branch.
A.1.7
The Branch Executive Committee of each section shall meet once per month at a time and place suitable to that campus.
A.1.8
Financial control of the Branch shall remain with the Branch Executive Liaison Group.
A.1.9
Members of NTESU shall be members of the Branch regardless of the existence of a Campus Branch Executive Committee and shall be represented by the originating Branch Executive Committee referred to in A.1.1.
A.2
A Branch receiving a Certificate of Compliance shall within one (1) month of receipt thereof convene an Inaugural General Meeting a Branch Executive Committee formed at a satellite campus shall fall within the bounds of the same Certificate of Compliance.
A.2.1
The Inaugural General Meeting will elect Branch Office Bearers according to the composition described in 13.4.2 of the Constitution, adopt the Constitution and its associated Bye-laws and establish when the Branch Annual General Meeting will be held. Where there are multiple campuses of an institution the Annual General Meeting shall be held in the same month as that of the first established Branch Executive Committee and in terms of A.1.5 above.
A.2.2
Branch Office Bearers elected under A.2.1 shall hold office until the Branch Annual General Meeting.
A.3
The Branch shall be subject to the provisions of the Constitution and its associated Bye-laws which shall take precedence over any Branch Institutional Rules.
BRANCH CONTROL
A.4
The Branch Annual General Meeting shall be the highest decision making structure of the Branch which may only be overruled by a ballot of all the Branch members where a majority of those voting agree with the motion or resolution being voted on.
A.4.1
The Branch Annual General Meeting may override any decisions taken by the Branch Executive Committee and may issue any procedures, policies and mandates binding the Branch Executive Committee.
A.4.2
Control of the Branch shall be exercised through the following in this order of precedence: Branch Annual General Meeting Branch Executive Liaison Group (in the case of multiple campuses) Branch Executive Committee Trade Union Representatives (where established).
BRANCH ANNUAL GENERAL MEETING AND SPECIAL GENERAL MEETINGS
POWERS AND FUNCTIONS
A.5
The Branch Annual General Meeting shall have, but not be limited to, the following functions and powers:
A.5.1
to amend, support or reject any decision of the Branch Executive Committee;
A.5.2
to elect the Branch Executive Committee as required under Section 7 of the Constitution;
A.5.3
to formulate the policy of the Branch, within the bounds of the National policies, and, to decide on appropriate programmes of action;
A.5.4
to consider reports from the Branch Chairperson, Branch Treasurer and Branch Secretary;
A.5.5
to consider audited accounts presented by the Branch Treasurer, and choose auditors for the following financial period;
A.5.6
to determine Branch subscriptions payable by members in accordance with Section 12 of the Constitution and the needs of the Branch;
A.5.7
to make amendments to the Compulsory Branch Institutional Rules in accordance with Section A.38;
A.5.8
to do whatever it deems necessary to advance the aims and objectives of the organisation and the Branch;
A.5.9
to consider any matter or business, written motions, proposals or resolutions proposed by members of the Branch from the floor during the conduct of a Branch Annual General Meeting;
A.5.10
to consider the suspension or, recommended termination, of any member or Office Bearer subject to Sections 9, 10 and 11 of the
Constitution.
COMPOSITION
A.6
The Branch Annual General Meeting shall consist of the Branch Office Bearers, Trade Union Representatives and Ordinary members of the Branch.
A.6.1
Members not in good standing will be non-voting observers.
MEETINGS AND MEETING PROCEDURES
A.7
Meetings of the Branch Annual General Meeting shall normally be chaired by the Branch Chairperson.
A.7.1
In the event that that person is not available to act in this capacity one of the Vice-chairpersons shall act in the stead of that person.
A.7.2
The Branch Annual General Meeting shall meet once per year.
AGENDA AND CONDUCT
A.8
Meetings shall be conducted according to the NTESU Standing Orders for meetings of Congress, as accepted practice of conducting meetings, according to a previously disseminated agenda after items under Any Other Business have been called for and added.
A.8.1
Agenda items for Branch Annual General Meetings shall be lodged with the Branch Secretary/s at least ten (10) working days before the date fixed for the meeting.
A.8.2
An agenda for the Branch Annual General Meeting shall reach each member at least seven (7) working days before the date fixed for the meeting.
A.8.3
Motions, resolutions or proposals must be submitted in writing to the Branch Secretary either by post to reach that person at least seven (7) working days before the date of the meeting, or, during the conduct of such a meeting. Submissions must indicate the proposer's and seconder's names and signatures and the year of the Branch Annual General Meeting to which the motion or resolution is being submitted. The Branch Secretary will assign the motion, resolution or proposal a unique number. A.8.4 The presiding Chairperson is empowered under the Standing Orders to: rule on matters of procedure and order, prescribe time limits for debate or speaking to motions, or resolutions, or speaking in response.
QUORUM
A.9
The quorum for a Branch Annual General Meeting shall be subject to the rule established under Compulsory Institutional Rules but a minimum of 10 percent of the membership at the Branch, or section of a Branch separately, is set.
A.9.1
A written power to exercise a proxy vote on behalf of any not present member shall be counted into the quorum, provided the proxy voter is present at the time the vote is taken.
A.9.2
The meeting shall adjourn if a quorum is not reached within thirty (30) minutes of the time set for starting the meeting.
A.9.3
In the event of an adjournment under A.9.2 the meeting shall reconvene within fifteen (15) working days working days from the date of the adjournment.
A.9.4
A meeting reconvened under A.9.3 will be quorate.
VOTING and SPEAKING RIGHTS
A.10
Members in good standing shall have the right to cast one vote each in respect of any voting taking place at a Branch Annual General Meeting. Members not in good standing members have no voting right.
A.10.1
A written power to
exercise a proxy vote on behalf of any not present member is allowed
provided the proxy voter is present at the time. Proxy votes shall be
registered with the Branch Secretary at the start of the meeting. Each
proxy vote shall be cast on a separate ballot paper.
A.10.2
Voting shall be by ballot on an appropriate voting form specifying: the year of the Branch Annual General Meeting; the motion or resolution number; blocks providing for a vote for, against or abstaining from the voting.
A.10.3
Any vote, unless otherwise required elsewhere in the Branch Rules, or amendments to the Branch Rules, shall be carried by a simple majority.
A.10.4
A vote shall be considered spoilt if more than one voting block has been or, appears to have been, marked.
A.10.5
The meeting Chairperson shall have a deliberative and casting vote.
A.10.6
The Branch Secretary may appoint one or more of the members to act as scrutineer for any vote. No scrutineer, unless specifically appointed as an independent person, shall scrutineer more than one vote at any meeting.
A.10.7
All valid and spoilt voting forms, the result and polling lists of any vote shall be sealed and stored for a period of three years after termination of counting.
A.11
A member not in good standing and observing may petition, with motivations, to be accorded speaking rights, which right may be granted by consensus of a quorate meeting.
A.11.1
The times, circumstances and restrictions on these rights shall also be decided by consensus.
MINUTES
A.12
Minutes of the Branch Annual General Meeting shall be taken in an appropriate manner by the Branch Secretary or, Branch Administrative Office staff under the direction of the Branch Secretary and, shall be disseminated to the members within one (1) month of the meeting.
A.12.1
Minutes of a Branch Annual General Meeting shall be stored for three years.
A.12.2
Minutes shall be ratified at the next Branch Annual General Meeting and signed as such by the Branch Chairperson and Branch Secretary.
BRANCH SPECIAL GENERAL MEETINGS
A.13
A Branch Special General Meeting, to address urgent issues, may be called under the following conditions:
A.13.1
if the Branch Office Bearers deem it necessary to hold a Branch Special General Meeting, they shall, with motivations, set a date for such a meeting, propose an agenda and present any known motions, resolutions, proposals or petitions to be presented to that Special General Meeting; or,
A.13.2
if half, or more, of the total Branch membership petitions the Branch Office Bearers to convene a Branch Special General Meeting, providing reasons and a draft agenda and any proposed motions, resolutions, petitions or proposals for the consideration of the membership, the Branch Office Bearers must make arrangements and convene a Branch Special General Meeting within ten (10) working days of the receipt of that petition;
A.13.3
notice of a Branch Special General Meeting shall be transmitted to the members at least three (3) working days before the date fixed for the meeting;
A.13.4
the Branch Special General Meeting shall only address the items submitted in the above manner (A.13.1; A.13.2) during its proceedings, no other business, motions, resolutions, proposals or petitions will be discussed;
A.13.5
the rules governing quorum, voting rights, voting procedure and minute taking shall be the same as for a Branch Annual General Meeting except that no proxy voting shall be allowed.
BRANCH EXECUTIVE COMMITTEE
POWERS AND FUNCTIONS
A.14
The Branch Executive Committee shall have the following functions :
A.14.1
attend and, report as required on the activities of the Branch Office Bearers to, the Branch Annual General Meeting;
A.14.2
to enter into any lawful general agreements in furtherance of the aims, objectives and activities of the Branch and the organisation;
A.14.3
open and operate Branch banking accounts; invest surplus Branch funds; employ, define the functions of and, discharge Branch Administrative Office Staff under the emoluments and conditions and terms of service defined by the National Executive Committee or a National Congress;
A.14.4
they shall ensure that proper banking, sound and proper accounting and responsible investment strategies are adhered to, within any constraints defined by the National Treasurer, National Executive Committee or National Congress;
A.14.5
admit to the Branch individuals granted membership of the organisation through the National Secretary of the organisation;
A.14.6
appoint or nominate persons to represent the Branch and its members at negotiations, discussions, consultations or liaisons with the employer and attend to organisational tasks and functions and, ensure these are effectively and efficiently executed;
A.14.7
convene the Branch Annual General Meeting and any Branch Special General Meeting in accordance with Sections A.5 to A.13;
A.14.8
set up sub-committees and the terms of reference of such, to further the aims and interests of the membership and the organisation. These may be separate working groups on issues affecting particular sectors of the membership;
A.14.9
appoint or nominate persons to represent the Branch and its members at negotiations, discussions, consultations or liaisons with any legally constituted body, employer body directly related to or, an employer body of, an institution affiliated to the Branch's institution, on any matter relating to the interests of the membership or the organisation or, employees in general of such institutions;
A.14.10
take any lawful decisions in accordance with the aims, objectives and policies of the organisation;
A.14.11
appoint a Branch Election Officer from amongst the membership who shall, where required to, organise any postal ballot according to Section 15 of the Constitution;
A.14.12
to co-opt any NTESU member in a non-voting advisor capacity.
A.14.13
to institute, defend and/or support any legal actions, negotiations or disputes between members and employers or any other body or individual, within the means of the organisation and under the guidance of the National Executive Committee through either the National Secretary or the General Secretary (should one have been appointed).
ELECTION TO OFFICE
A.15
The Branch shall at its Branch Annual General Meeting elect a Branch Executive Committee according to the outline provided in Section 13 paragraph 13.4.2 and voting shall be according to 13.4.3.
A.15.1
Branch Executive Committee shall hold office from the Branch Annual General Meeting to the next Branch Annual General Meeting.
A.15.2
A Branch Executive Committee shall take office immediately on completion of the voting for such Office Bearers.
A.15.3
The Branch Executive Committee shall be able to co-opt any member to a vacancy on the committee however that vacancy was created. The co-opted person shall hold office for the unexpired part of the period of office of the Office Bearers.
A.15.4
In the event that a Branch Office Bearer has been removed from office in terms of A.16 any co-opted person shall not take office until any appeal under Section 11 of the Constitution has reached a conclusion.
REMOVAL FROM OFFICE
A.16
Any Branch Office Bearer completely failing to perform the duties ascribed to them or, who is found by the other Branch Office Bearers to be guilty of gross misconduct in managing the affairs of the organisation, may be removed from that office by a majority vote of the remaining Branch Office Bearers. Such person shall immediately vacate the position and the vacancy so created shall be filled by co-option and that co-opted person shall hold full right and office for the unexpired part of the period of office of the Office Bearers.
A.16.1
Hearings related to the charge of misconduct or dereliction of duty shall be according to the rules of natural justice, and recorded on audio tape and transcribed in full under similar conditions as in paragraph 9.4 of the Constitution and stored for three years after the final resolution of the issue.
A.16.2
Appeal against any decision shall follow the rules stated in Section 11 of the Constitution.
BRANCH EXECUTIVE COMMITTEE MEETINGS
MINUTES
A.17
The Branch Executive Committee shall meet every month, and at any other time as the Chairperson or, any others of the committee might deem necessary, at a time and place determined amongst themselves.
A.17.1
Notice, and the agenda, of Branch Executive Committee meetings shall be delivered, under the direction of the Branch Secretary at least five (5) working days prior to the date fixed for the meeting.
A.17.2
Any extra-ordinary meeting of the Branch Executive Committee shall be notified by reasonable notice as the urgency of the matter might suggest.
A.17.3
Minutes of the Branch Executive Committee meeting shall be taken by or, under the direction of, the Branch Secretary, in a format determined by that person, and
A.17.3.1
be distributed within ten (10) working days of the date of the meeting;
A.17.3.2
be ratified at the next meeting of the Branch Office Bearers;
A.17.3.3
be signed as ratified by the Branch Chairperson and the Branch Secretary;
A.17.3.4
be stored for at least three years.
QUORUM
A.18
The Branch Executive Committee Meeting shall be quorate if 50 percent of their number is present at the start of the meeting.
A.18.1
The Branch Executive Committee meeting shall remain quorate provided 25 percent of their number is present.
A.18.2
The meeting shall adjourn if a quorum is not reached within twenty (20) minutes of the time set for starting the meeting.
A.18.3
In the event of an adjournment under A.18.2 the meeting shall reconvene within seven (7) working days from the date of the adjournment.
A.18.4
A meeting reconvened under A.18.3 will be quorate.
GENERAL OPERATIONS
A.19
Meetings of the Branch Executive Committee shall normally be chaired by the Branch Chairperson.
A.19.1
In the event that the Branch Chairperson is not available to act in this capacity one of the Branch Vice-chairpersons shall act in the stead of that person. In the prolonged absence of the Branch Chairperson they shall alternate as Branch Chairperson.
A.19.2
In the event of any of those persons referred to in A.19.1 above not being available to act in this capacity the remaining Branch Office Bearers shall elect a person from amongst themselves to act until one of those persons referred to in A.19.1 is available.
A.20
The functions of the Branch Chairperson
: The functions of the Branch Chairperson or, acting chairperson shall include :
A.20.1
represent the NTESU at Branch level and direct and motivate the aims and objectives of the organisation at Branch level;
A.20.2
attending the meetings of the Trade Union Representatives Committee (if one has been established);
A.20.3
signing any agreements or instruments, with the Branch Secretary and, any others as required to witness on behalf of the Branch membership;
A.20.4
attending the meetings of any Workplace Forum as may have been formed according to the Labour Relations Act No. 66 (1995);
A.20.5
co-sign the financial statements and balance sheets of the Branch with the Branch Treasurer.
A.21
The functions of the Branch Secretary. The functions of the Branch Secretary shall include:
A.21.1
giving direction to the Branch Administrative Office staff where a Branch Administrative Office has been established and, co-ordinating the negotiation of agreements and sign, with the Branch Chairperson, such agreements on behalf of the Branch Membership;
A.21.2
ensuring that appropriate and open office practices are pursued by the Branch Administrative Office staff in the day-to-day operation of the Branch Administrative Office;
A.21.3
ensuring that the official notifications for Branch Office Bearers meetings, Branch Annual General and Special General Meetings and, any other meetings of a Branch nature are timeously and correctly dispatched;
A.21.4
table minutes or other documents and correspondence for the notice of, and/or ratification by, any of the meetings of the Branch or Branch Executive Committee;
A.21.5
attend to such correspondence as is directed to the Branch Secretary's office either by the correspondent or, the Branch Administrative
Office;
A.21.6
attend to any other business as directed by the Branch Chairperson or, the Branch Executive Committee or, a Branch Annual General Meeting;
A.21.7
to act in the absence of the Branch Chairperson until the next Branch Executive Committee meeting and a decision under paragraph A.19.1 is taken.
A.22
The functions of the Branch Treasurer The functions of the Branch Treasurer shall include :
A.22.1
keep proper books of account including statements of income and expenditure and balance sheets reflecting the true nature of finances at the Branch and submit these to the Branch Annual General Meeting subject to A.22.2 and A.22.3 below;
A.22.2
ensure that the requirements of the Constitution and these Branch Rules and any other requirement of the National Congress, National Treasurer, Branch or National auditors or Branch Executive Committee for financial control are met;
A.22.3
submit the above to an audit and to the National Treasurer on an annual basis;
A.22.4
co-sign Branch financial instruments and documents;
A.22.5
endorse the payment of any accounts.
BRANCH FINANCIAL CONTROL, ASSETS, LIABILITIES AND OBLIGATIONS
A.23
The Branch shall submit to the National Treasurer an account of income and expenditure six months after each Branch Annual General Meeting and within one month of the Branch Annual General Meeting a final audited balance sheet for the Branch.
A.23.1
The Branch shall submit to the National Treasurer an inventory of assets, whether fixed or moveable, each year with the audited balance sheet.
A.23.2
The Branch Treasurer shall, subject to the general controls and mechanisms contained in Section 16 be in control of the finances of the Branch.
A.23.3
The Branch Office Bearers shall appoint three signatories to current and other banking accounts one of whom shall be the Branch Treasurer.
A.23.4
Any financial instrument or document relating to Branch financial matters shall be co-signed by any two of these signatories.
TRADE UNION REPRESENTATIVES
A.24
Where the Branch membership, including those at satellite campuses, is less than 300 the Branch Executive Committee shall be considered to be trade union representatives in accordance with the definition provided in and, allocated according to Chapter III:Section 14(2) of the Labour Relations Act No. 66 (1995).
A.25
Where the Branch membership, including those at satellite campuses, is more than 300 a separate committee of Trade Union Representatives will be established allocated according to Chapter III:Section 14(2) of the Labour Relations Act No. 66 (1995) except that the Branch Vice-Chairpersons and the Branch Secretary shall ex officio be members of the Trade Union Representatives committee and these positions shall be deducted from the total calculated allocation.
A.26
In the event that a Trade Union Representatives Committee is formed the Branch Executive Committee shall demarcate constituencies, subject to ratification by the Branch Annual General Meeting. The calculated number of representatives shall be allocated so that each constituency holds equal representation. In the event of an uneven number of representatives being calculated according to the Labour Relations Act No. 66 (1995) then the remainder position shall be allocated to the largest constituency.
A.27
Notwithstanding the establishment of a Trade Union Representatives Committee, the Branch Executive Committee and the National Executive Committee shall have the status of trade union representatives, though these shall not further be deducted from the total calculation of representatives.
A.28
The Trade Union Representatives shall be nominated and elected annually by constituency and, where more than one nomination has been made a postal ballot, according to Section 15 of the Constitution, will be held within that constituency as formulated and ratified by the Branch Annual General Meeting.
A.28.1
Trade Union Representatives shall hold office for one year and elections for these positions will be held one month after the Branch Annual General meeting.
A.29
The Trade Union Representatives Committee shall normally be Chaired by one of the Vice-chairpersons, in alternation, and in the absence of both of these persons by a person nominated and appointed by consensus from amongst the Trade Union Representatives present.
A.30
A Trade Union Representatives Committee meeting will be held once per month, at a time and day before the Branch Office Bearers meeting so as to better co-ordinate the flow of information and business between the two.
A.31
A Trade Union Representatives Committee shall be quorate provided that no less than seven (7) of the members are present at the time of starting the meeting and through the duration of the meeting.
A.32
The Trade Union Representatives Committee shall be an advisory body, however it may discuss any issue or topic as allowed by Chapter III:Section 14 (4) of the Labour Relations Act No. 66 (1995) and by consensus it may either, refer matters to the Branch Executive Committee with recommendations for action, or, arrive at a method, or way, of resolving any issue, conflict or dispute at the point of concern.
A.33
None of the powers or functions allocated to trade union representatives by the Labour Relations Act No. 66 (1995) shall be diminished by anything contained in these Branch Rules or the Constitution.
A.34
The Trade Union Representatives Committee shall elect from amongst themselves a Trade Union Representative's Secretary who shall be responsible for agenda announcements, minute taking and minute reporting under the direction of the Branch Secretary. This person shall be considered to be the Branch Assistant Secretary and will, if required, assist the Branch Secretary with any business and act as Branch Secretary in that person's absence.
A.35
The Trade Union Representative's Secretary shall not be a Branch Office Bearer except in as much as that person might temporarily act in the stead of the Branch Secretary at any time.
A.36
Minute taking shall be subject to the same rules and time-scales as those for Branch Executive Committee meetings.
A.36.1
All minutes and proceedings of the Trade Union Representatives Committee shall be forwarded to the Branch Secretary and Branch Executive Committee within five (5) working days of being ratified.
BRANCH DISSOLUTION
A.37
An NTESU Branch may only be dissolved by a quorate Branch Annual General Meeting or Special General Meeting subject to agreement of at least 75 percent of all members in good standing at the Branch. All members must receive at least thirty (30) days notice in writing of any resolution to dissolve the Branch. If the Branch is dissolved, its assets cannot become the property of any Office Bearer or staff member of that Branch.
A.37.1
The dissolution process shall be conducted under the executive guidance of the National Executive Committee and the Branch auditors and in terms of the Labour Relations Act No. 66 (1995).
A.37.2
The Branch Annual General Meeting or Special General Meeting dissolving the Branch shall relieve the Branch Office Bearers of their obligations and posts and elect a Dissolution Committee to assist the National Executive Committee and the Branch's Auditors with the dissolution process. The Dissolution Committee shall accede to the demands of the auditors and make any decisions required by the Liquidators as appointed by the Auditors without referral to the outgoing membership.
A.37.3
No Branch Office Bearer shall be precluded from being elected to the Dissolution Committee.
A.37.4
The Certificate of Compliance certificate and all Membership cards shall be returned to the National Secretary for cancellation.
A.37.5
The liquidated monetary, moveable and fixed assets of the Branch shall become the property of NTESU and, be handed to the National Executive Committee on dissolution or, cancellation of the Certificate of Compliance, of the Branch.
AMENDMENTS TO BRANCH AND COMPULSORY BRANCH INSTITUTIONAL RULES
A.38
The Branch Rules can only be amended in one of the following ways:
A.38.1.1
by a vote at a quorate National Congress or National Special Congress, the rules of voting for which shall be the same as under Section 5.5 above;
A.38.1.2
by a postal ballot, in accordance with Section 15 above, and where 75 percent or more of the votes cast by the members in good standing and eligible to vote, vote in favour of the amendment.
A.39
The Compulsory Branch Institutional Rules can only be amended in one of the following ways:
A.39.1.1
by a vote at a quorate Branch Annual General Meeting or Special General Meeting, the rules of voting for which shall be the same as under Section 5.5 above;
A.39.1.2
by a postal ballot, in accordance with Section 15 above, and where 75 percent or more of the votes cast by the members in good standing and eligible to vote, vote in favour of the amendment.
COMPULSORY BRANCH INSTITUTIONAL RULES
It shall be compulsory for any grouping applying for admission to NTESU for a Certificate of Compliance to include the following in the Branch rules giving consideration under these guidelines to appropriate mechanisms for the particular needs of the workplace at that intended Branch.
Branch Annual General Meeting Quorum
Each Branch, or Branch Executive Liaison Group, shall establish a level of quorum appropriate to the number of members in good standing as it may see fit subject to A.9 above. Any other rules under Section 9 shall remain in operation.
Branch Recognition Agreement
With the exception of branches at institutions falling, directly under Provincial or National government competencies and where such a body is deemed to be the employer, each Branch, shall negotiate a Collective Agreement of Organisational Right, which will also govern Procedural and Substantive Matters, with the employer in the workplace which recognises the NTESU Branch as an agent representing the members of NTESU.
In the case of the Branches falling under the different government competencies this will negotiated through the National Sectoral sub-Committee of the NEC as chaired by the National Deputy President (College Affairs).
This agreement may contain sections and clauses as recommended by the National Executive Committee, governing the levels of representativeness, type of representation (agency or closed shop), the general relational mechanisms and areas of representation, the conduct of relations and business and any other aspect of the relationship between employer and employee as allowed by the Labour Relations Act No. 66 (1995) or as would extend the rights, and terms and conditions of service of the membership at that Branch or enhance the efficiency and harmony of the workplace.
No Recognition Agreement shall diminish any right, organisational or otherwise accorded to members of NTESU by the Labour Relations Act No. 66 (1995) or any other law relating to employee and employer relations of any kind.
Should a recommended Recognition Agreement be devised by the National Executive Committee or the National Congress this may form the basis of negotiations at the workplace.
All Recognition Agreements and other collective agreements affecting the rights and terms and conditions of employment shall be submitted to, and be subject to, the scrutiny of the National Executive Committee.
Branch Members Disciplinary Code
Each Branch shall establish a membership disciplinary code which is appropriate to the nature of the institution and the Branch's membership, fair in its treatment of all members and consistent with the provisions for hearings and appeals contained in the Constitution and with the provisions of the Labour Relations Act No. 66 (1995).
Branch Sectoral Disputes and Strike or Protest Actions
Each Branch shall establish rules governing the participation of members outside the sector in which a dispute is centred to the extent that :
a)
these do not prescribe that secondary sectoral action is required except if that section has also been balloted and the ballot agrees to participation being mandatory on that sector;
b)
if the issue is in the general interest of all the members, regardless of defined sectors and/or constituencies, at that institution and, general strike or protest action is balloted among all the members of the Branch, then it shall be mandatory upon all members to participate;
c)
none of the provisions for dispute resolution as laid down in the Labour Relations Act No. 66 (1995) is avoided or violated;
d)
provided the conditions of Section 14 of the Constitution are not diminished by the Branch Institutional rules. Such rules as devised under this section must also be consistent with the provisions of the Labour Relations Act No. 66 (1995).
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