The Union shall be named - "The PDA Union" (hereinafter called the "Union") with its principal office at The Old Fire Station, 69 Albion Street, Birmingham, B1 3EA or such other place as the Executive Committee shall from time to time decide.
Throughout the Rules unless the context otherwise requires:
In these Rules the singular includes the plural and vice versa.
The objects of the Union shall be:
(a) Where appropriate, to be recognised by Employers for the purpose of regulating the relations between the Staff of the Employer and the Company, through negotiation and consultation and where appropriate the provisions of the Information & Consultation Regulations.
(b) To protect the Terms & Conditions of the Members individually (or collectively) and where appropriate secure adequate remuneration for their services and improvements in their conditions and material well being.
(c) To represent, defend and support the interests of Members either individually or collectively in respect of their Terms & Conditions in dealing with Employers and/or outside organisations.
(d) To encourage all eligible Pharmacists, Pre Registration Graduates and Pharmacy Under-Graduates to become Members of the Union, but to exclude Directors of Pharmacy companies, Superintendents of Pharmacy chains greater than 10 shops and owners/proprietors of Pharmacy businesses.
(e) To provide such benefits, representation, legal and other services and assistance to its members who were members at the time of the termination of their employment as the EC shall consider appropriate and practical.
(f) To accumulate and utilise funds for the promotion of its objects and to invest such funds in such a manner as the EC shall decide.
(g) To associate with such other organisations and unions as shall be considered desirable for promoting Union's objects.
(h) To hold an annual meeting(s) (or other such meetings that may from time to time be required) of the members of the Union.
(i) To circulate such information as may be thought desirable by means of a periodical journal, which shall be the journal of the Union, and by the occasional publication of other papers.
(j) The Union has a clear commitment to promote equality for all and to eliminate all forms of harassment, prejudice and unfair discrimination, both within its own structures and through all its activities, including its own employment practices.
(k) To do all things as will assist in achieving the above.
The Union shall not affiliate to or subscribe to any political party unless a political fund has been created in accordance with trade union legislation.
Membership shall be open to all Pharmacists as defined in 3d
(a) Every applicant for membership of the Union shall complete an application form and forward it to Assistant General Secretary (Administration & Membership). Membership shall commence on the first day of the month in the month the application is made. In cases of rejection the applicant has the right of appeal in accordance with the procedure under Rule 10 section (b)(iv).
(b) All applicants who are accepted into membership will receive a Membership Card. A copy of the rules is available on the website – a hard copy is available from the Secretary. (Rules are available in different formats on request).
(c) Individual representation shall not be provided for any circumstances that occurred before membership was incepted except at the discretion of the EC.
(d) Any member ceasing to be a member, resigning, being expelled or suspended from membership shall have no right or claim upon the Union nor upon its funds or effects.
(e) Officials shall be deemed to have membership of the Union but shall have no voting rights nor any rights upon the funds or effects of the Union other than by any individual contract to which they may be a party.
All retired members of the Union shall not be entitled to vote or hold any Office. They shall have access to the website and continue to receive communications unless they state to the contrary.
The General Secretary (or if a Membership Secretary is appointed in accordance with 18 (c) (viii), shall hold a register showing the addresses of all Members, Employer, work location and job title, together with any other relevant information. Members shall notify the Assistant General Secretary (Administration & Membership) in writing, of any changes.
(a) The General Secretary is responsible in ensuring that the membership records are held and are available in accordance with current Data Protection legislation.
(b) The General Secretary is responsible in ensuring that the membership records are held and are available in accordance with current trade union legislation.
(a) The Subscription shall be considered on an annual basis, or on a more regular basis, as determined by the EC. The subscription level shall be set by the EC, who may vary such subscriptions depending upon the status or description of the member.
(b) Subscriptions shall be due on the first day of the calendar month of commencement of membership and is paid annually thereafter.
(c) An additional levy (not exceeding 12 month's subscriptions) for a specific purpose may be made by the EC with the approval of a majority of the members who vote on a resolution by way of a MG ballot.
(d) A member whose subscription is one calendar month overdue, or who is one month overdue in the payment of any other money payable under or by virtue of these Rules shall be given written notice of the fact and will not thereafter be entitled to attend any meeting of the Union or to vote in any ballot. The EC shall have the power to reduce or waive a member's subscriptions in case of special hardship.
(e) Any person whose membership has been terminated in accordance with Rule 8 (d) hereof may be re-admitted to membership on payment of all outstanding subscriptions and an application for membership provided always that the EC may, in their absolute discretion, waive the payment of all or any part of such arrears.
(f) The Union shall give 28 days notice to members of any changes to subscription rates.
(g) Retired Members shall not be liable to pay subscriptions.
(a) A member may terminate his/her membership at any time by giving one calendar month's notice in writing to the Assistant General Secretary (Administration & Membership). and may be subject to an Administration fee.
(b) A member who is "struck off", shall cease to be a member of the Union unless they are and continue to be represented by the Union and are up to date with their subscriptions.
(c) Provided notice has been given under Rule 8 (d), any member who makes default in the payment of subscriptions for more than two months or in the payment of any other money payable under or by virtue of these Rules shall cease to be a member.
(d) Any member whose conduct is deemed to be detrimental to the objects and well being of the Union shall be removed from membership by a resolution passed by a simple majority of the EC attending a formal meeting.
(e) Any member ceasing to be a member or resigning or being expelled or suspended from membership shall have no right or claim upon the Union or upon its funds or effects.
(a) All members of the Union are required to act in accordance with these Rules and not to conduct themselves in any way prejudicial to the interests of the Union.
(b) If the EC of the Union as defined in Rule 13 has a reason to believe that a member (which expression shall include an Officer) has acted contrary to the Rules or conducted himself/herself in a way detrimental to the objects and well being of the Union, they may take disciplinary action against him/her as follows:
(i) The member shall be given notice in writing by the Secretary setting out the complaint and notifying him/her that he/she may be represented to make representations in person or in writing to the meeting of the EC at which the complaint is to be considered, which shall not be less than twenty-one days from the date of the notice.
(ii) The EC shall give full consideration to any representation made by or on behalf of the member and if they find the charge proven, shall give him/her written notice of their findings which may provide for one or more of the following penalties:
(iii) The member may, within fourteen days of the date of the notice of their findings, appeal against the decision of the EC. The notice of appeal shall be in writing addressed to the General Secretary. The ruling of the EC shall not be applied during the fourteen days, nor, if an appeal has been made within that period, until the appeal has been decided.
(iv) The appeal shall be to an appeal body composed of ordinary members of the union appointed at the Annual General Meeting who are not members of the EC. The Secretary shall summon them for the purpose and give reasonable notice of their meeting to the appellant member or applicant, who may attend, may be represented and will be entitled to be heard. The appeal body may uphold or reverse the verdict and confirm, vary or rescind the decision or ruling of the EC within the limits prescribed in paragraph (b) (ii) above. The ruling of the appeal body shall have immediate effect unless the appeal body otherwise decide, and shall be notified in writing to the appellant.
The Union shall be administered as follows:
(a) A number of Membership Groups, MGs as defined in Rule 12
(b) An Executive Committee as defined in Rule 13.
(c) An Annual General Meeting as defined in Rule 15
(d) The Trustees as defined n Rule (17)(f).
(a) Constitution The Union shall comprise of a number of MG's (as determined from time to time by the EC) covering –
(i) Each MG shall have sufficient representatives to maintain a ratio of between 1:500 of that Group. See Formation Arrangements – Rule 28. Each MG will elect from amongst their representatives one member to sit on the Executive. Each MG will be supported by Officers or Officials of the Union where appropriate. The MG will recommend items to be discussed at Executive Meetings and put forward the views of their MG at such meetings on topics raised by other MGs or the Executive. They will represent the views of their members at AGM's and any SGM
(ii) Normally the MG shall meet three times a year or on sufficient occasions as decided by the MG. The MG shall recommend items to be discussed by the EC. However, 10% or 50 members of a MG (whichever is the smaller number), may by a request in writing to the General Secretary, require that a meeting of the MG be convened to discuss a specific topic as outlined in the letter of request.
(iii) Resolutions debated at a MG shall be decided where appropriate by a majority of votes. Any MG member unable to attend may submit a proxy in writing to the Local Chair (12b(vi)). The Local Chair or in his absence the person Chairing the meeting shall not have a casting vote.
(iv) The MG shall have power to co-opt, provided that the total number of co-opted members shall not in any case exceed five. Co-opted members shall have no voting rights or be deemed to form part of a quorum. The purpose of the co-option is to provide specialist knowledge on a given topic. The co-optee will only address the meeting when asked by the Chair of the meeting and only on the topic for which the co-option was made.
(b) Election of MG Committees
(i) Any member may be nominated as a representative to the MG, provided they have completed twelve months continuous membership of the Union. (The continuous membership aspect will be amended in the first year subject to the Formation Rule 28)
(ii) Elections shall normally be held in January and the person appointed will assume office on the 1st day of the following April and serve for a period of five years for all groups other than the Student & Pre Registration Graduates Group where the period shall be two years. (The date for election will be amended in the first year subject to the Formation Rule 28)
(iii) Nominations shall be in writing signed by the candidate, a nominee and four seconders who must be members and must be received not less than 21 days prior to the date of the election and must be accompanied by written confirmation by the nominee of his/her willingness to accept nomination. (The number of Nominees/Seconders will be amended in the first year subject to the Formation Rule 28)
(iv) In an election every member, other than a member disqualified from voting by virtue of rule 8(d), shall be entitled to vote.
(v) Voting shall be by ballot in accordance with Rule 16.
(vi) The MG shall elect from amongst their number a Local Chair & Secretary to oversee the administration of the Group.
(vii) The MG shall elect from amongst their number one representative to sit on the EC. (Any ordinary member may attend the Annual General Meeting)
(a) Constitution
The EC shall consist of:-
(i) 6 members elected directly by the membership who will constitute the Officers together with 5 members, one from each MG. The directly elected executive members shall elect from the 6, the officers of the union.
(ii) A Consultant, (should the EC wish to appoint such a role) who will be expected to attend meetings as required to give advice, but he/she will not be a member of the committee, he/she will not have any executive functions and will not be entitled to vote. The Consultant shall also be a Trade Union Official
(iii) Such co-opted members as necessary, but not exceeding one half of the normal compliment of the EC.,
(iv) The EC shall have the power to invite others to attend EC Meetings to assist in their deliberations on specific matters.
(b) Election of EC
Apart from the five MG members elected by the MG's the remaining EC Members (who shall be the Officers) shall be elected by the membership. Voting shall by a secret ballot conducted in accordance with current trade union legislation.
(c) Functions of the EC
(i) The EC shall regulate its own affairs, subject to the Rules and Objects of the Union, and IS THE POLICY MAKING BODY OF THE UNION
(ii) The EC shall engage and pay for any services it may consider necessary to further the objects of the Union. This includes the power to provide administration services and engage the services of a Consultant whose duties are defined in Rule 18 (a), a Secretary whose duties are defined in Rule 18 (b) and a Membership Secretary in accordance with Rule 18 (c) (viii) or such other posts as from time to time are deemed as necessary
(iii) The EC shall form part of the appeals procedure of the Union and any member has the right to be heard by the EC before any decision regarding disciplinary action is reached.
(iv) Any member of the EC can be removed from office when a resolution is supported by at least two-thirds of the EC or at an EAGM
(v) The EC shall determine the Union's attitude on all matters in accordance with the Objectives of the union and the recommendations of the MGs.
(vi) To recommend to the Trustees the investment of surplus funds in any manner.
(vii) Determine the amount of subscriptions/levies from time to time payable in accordance with the rules.
(viii) Appoint and give direction to sub-committees.
(ix) Appoint scrutineers to supervise ballots as and when necessary.
(x) Recommend items to be discussed at MGs to gain a membership view.
(xi) Put forward resolutions to the, AGM & SGMs
(xii) Consider and recommend the annual accounts of the union to the AGM
(xiii) Recommend auditors to the AGM
(xiv) Take any action consistent in furthering the interests of the members
(xv) Determine from time to time the MGs
(xvi) Determine the year end of the Union
(xvii) To enact rule changes of a strategic and/or operational nature in accordance with rule 22. Recommend all other rule changes to the membership
(xviii)Determine the outcome of any topic on which this or any associated document is silent.
(a) The EC, MGs and sub-committees shall regulate their own affairs subject to the objects and Rules of the Union.
(b) The Committees shall meet as follows:
The EC – a minimum of 4 times a year and hold any additional meetings as they deem necessary.
Sub committees as and when required, but in such a timely fashion as to be able to report to the EC.
MGs three times a year
(c) Notice of Meetings shall be issued to all Members of the MG concerned at least twenty eight days before the date of the Meeting. Items for the Agenda should be received two days before the issuing of an Agenda, which will be issued 14 days before the meeting. Copies of the Notice of Meeting & Agenda's in respect of MGs will be issued to all ordinary members within that constituency in order that they may advise their representative(s) of any topic that they wish to be discussed at that meeting.
(d) For Meetings of the EC, an Agenda shall be prepared and issued to all EC members seven days before the Meeting.
(e) Minutes of each meeting of the MG shall be sent to the EC for review at their next meeting after the MG meeting. A précis of the MG Meeting will be made available to all members within the relevant constituency within 14 days of the meeting.
(f) A quorum shall consist of the smallest number exceeding one-half of the Committee concerned.
(g) The General Secretary shall preside at all EC Meetings, the AGM or any SGM. In the absence of the General Secretary, the Assistant General Secretaries shall preside. In the absence of the General Secretary, or the Assistant General Secretaries, the Treasurer or Communication Officer shall preside. In the absence of all of these roles, a Chair shall be elected by those present.
(h) Decisions of the EC shall generally be by agreement but if two or more persons request a vote it shall be by hand with each member having one vote. (The General Secretary or the person chairing the meeting shall not have a casting vote)
(i) Any member absent from more than two consecutive EC Meetings shall be required to furnish an explanation and unless a satisfactory explanation is received the position shall be declared vacant.
(j) The accidental omission to give Notice of a Meeting or the non-receipt of a Notice of a Meeting by any person entitled to receive Notice shall not (automatically) invalidate the proceedings at that meeting.
(a) Organisation
The Secretary, under the guidance of the Officers and the EC, shall administer Annual General Meetings and Special General Meetings of members.
(b) Annual General Meetings
An Annual General Meeting of members shall be held in within 3 months of the year- end;
(i) the Annual Reports and Annual Accounts for the previous year;
(ii) the appointment of auditors
(iii) the report on the preceding year's activities from the General Secretary
(iv) any other resolution, within the confines of the Constitution, notice of which shall have been received at least 14 days prior to the date of the Meeting submitted by either:
At the conclusion of the formal proceedings an Open Forum shall take place. This gives members the opportunity to raise matters of interest with senior officials of the union. The Open Forum will not be minuted, but the EC reserve the right for topics of merit to be discussed at the relevant MG and/or the next appropriate EC meeting.
(c) Special General Meetings
(i) Special General Meetings shall be called at the request of the EC or if a request in writing supported by 30% of the members, is received by the Secretary. The resolution must state the reason for requesting the calling of the Meeting and must be formally proposed and seconded.
(ii) No business shall be discussed at the Special General Meeting other than that for which the Meeting was called.
(iii) The accidental omission to give Notice of a Meeting or the non-receipt of a Notice of a Meeting by any person entitled to receive Notice shall not invalidate the proceedings at that Meeting.
(d) Administration
At least 28 days written notice of the meeting, stating the business to be transacted thereat, must be given of General Meetings. An Agenda will be issued 14 days before the meeting, or in the event of a Special General Meeting any amendments to any resolution to be laid before a Special Meeting; 100 members attending shall constitute a quorum; voting shall be by show of hands. The Chairman does not have a casting vote. The result shall not be binding on all members of the Union unless the motion is first passed by a general vote at the meeting subsequently supported by a vote of all members where 2/3rds or more vote in favour. Members not present may give a proxy vote (in writing) on any resolution that appears on the Agenda.
(a) Supervision of Elections for MG's
The EC shall, in accordance with the statutory provisions, appoint independent scrutineers from the list approved by the Secretary of State for Employment, who will be responsible for supervising the production and the distribution of nomination papers.
The nomination paper should show the name of the candidate (who must be a current member), together with the name and signatures of the candidate nominee and 4 seconders, who must also be current members. The proposed candidate, nominee and seconders shall be from their own MG. In the event of there being the same number of nominees (or less) as vacancies then the nominees will be considered duly elected. In the event of there being more nominations than vacancies then the scrutineers will hold a ballot and act as returning officer(s).
(b) Administration
(i) No voting papers shall identity the member to whom it is issued.
(ii) All those entitled to vote must be given voting rights.
(iii) Voting must be by the marking of a ballot paper in secret.
(iv) Every member must be allowed to vote without interference or constraint.
(v) Voting shall be by secret postal ballot.
(vi) So far as practicable, every Member must be allowed to vote without incurring any costs.
(vii) The names of the candidates must be printed on the ballot paper or on a separate document annexed to the ballot paper. Each candidate will be afforded the opportunity of addressing the membership by way of an election address (not to exceed 200 words), which will accompany the ballot paper.
(c) Election of ECs
The EC shall be elected in accordance with Rule 13. Voting shall by a secret ballot conducted in accordance with current trade union legislation.
The EC shall, in accordance with the statutory provisions, appoint independent scrutineers from the list approved by the Secretary of State for Employment, who will be responsible for supervising the production and the distribution of nomination papers.
The nomination paper should show the name of the candidate (who must be a current member), together with the name and signatures of the candidate, nominee and 4 'seconders', who must also be current members.
The proposed candidate, nominee and seconder may come from any member.
Administration of the ballot should be in accordance with 16 (b).
(d) General Meetings
Ballots for General Meetings (including Special General Meetings) shall be held in accordance with Rule 15 (d).
(e) Other Ballots
In the case of all other ballots that are specified by statute, then the EC, shall take those steps necessary to comply with the relevant statute(s).
Officers shall be elected directly by the membership for a period of 5 years
(a) General Secretary
The General Secretary shall be the principal officer of the Union:
(i) Preside at all meetings of the EC and MG's (when invited) and at General and Special Meetings.
(ii) Sign the Minutes of the EC, General & Special Meetings and other official documents;
(iii) Be responsible for ensuring that duties delegated to others for the proper organisation of the Union are performed;
(iv) Be a cheque signatory
(b) Assistant General Secretary (Strategic)
The Assistant General Secretary shall act in all matters in the absence of the General Secretary, and assume the authority given under these Rules to the General Secretary and be a cheque signatory.
(c) Assistant General Secretary (Tactical)
The Assistant General Secretary (Tactical) shall act in all matters in the absence of the General Secretary or Assistant General Secretary (Strategic), shall deputise for other members of the EC as appropriate and be a cheque signatory.
(d) Assistant General Secretary (Administration & Membership)
The Assistant General Secretary (Administration & Membership) shall act in all matters in the absence of the General Secretary, Assistant General Secretary (Strategic) or Assistant General Secretary (Tactical), shall deputise for other members of the EC as appropriate and be a cheque signatory
(e) Communications Officer
The Communications Officer, as the Union's principal point of communications shall:
(i) Advise members about the affairs of the Union by the publication of regular bulletins;
(ii) Be the Chair of any Editorial sub-committee;
(iii) Be the Union's public relations Officer in respect of external relationships;
(iv) Ensure that the Union's publicity literature projects a proper image of the Union.
(v) Be a cheque signatory.
(e) Treasurer
The Treasurer shall:
(i) Receive all income paid to the Union including members' subscriptions;
(ii) Maintain all accounting records relating to the Union and shall place all monies into a bank account in the name of the Trustees of Pharmacists Staff Union or as directed by the Trustees;
(iii) Be responsible for paying all the Union's expenses. Shall be a cheque signatory and ensure that all cheques drawn are properly authorised, provided that in respect of payments in excess of £250, the signatures of two authorised signatories are obtained;
(iv) Recommend to the Trustees, & the EC proposals for the investment of surplus funds and on the authority of the EC make the necessary arrangements;
(v) Prepare interim accounts as required by the EC;
(vi) Prepare for consideration and approval at an Annual General Meeting an Income and Expenditure Account and a Balance Sheet showing the state of the Union's affairs at the end of the financial year. Copies will be circulated to members prior to the Annual General Meeting.
(vii) Prepare an Annual Return for submission to the Certification Officer for Trade Unions & Employers' Unions.
(viii) Prepare a financial statement for circulation to the members within 8 weeks of the submission of the Annual Return to the Certification Officer.
(ix) Maintain a petty cash float not exceeding £500 for the payment of properly authorised expenses. (It is preferred that expenses are paid by cheque);
(x) For the first meeting of the financial year, prepare budgetary recommendations to enable the EC to fix the amount of Members' subscriptions in accordance with Rule 8 (a).
(xi) Recommend the level at which expenses will be reimbursed to MGs, EC members and Officials and staff.
(xii) Report to each EC meeting on the Union's income and expenditure, assets and liabilities.
(xiii) Ensure that there is an insurance policy in force to indemnify representatives at all levels.
(f) Trustees
The Officers of the Union may also be the Trustees (unless it is decided by the EC that external Trustees are appointed in accordance with the legislation in force at that time in respect of Trusteeship).
(i) All property of the Union both real and personal shall be vested in the Trustees and the Trustees shall hold the same upon trust for the purposes of the Union.
(ii) Subject always to the approval of the EC shall have the power to invest funds of the Union in any investment authorised by statute;
(iii) Subject to the approval of the EC the Trustees shall supervise the financial dissolution of the Union.
(iv) In operating any bank or other account the Trustees may make arrangements for withdrawal on the signatures of two trustees;
(v) A Trustee who becomes unfit (on grounds of bankruptcy or other civil or criminal misdemeanour) or is unable on medical grounds to carry out his/her duties can be replaced by a resolution of the Executive Committee.
(vi) A certified copy of a resolution of the EC appointing or removing the Officers of the Union shall be deemed to be evidence of the appointment or removal of Trustees.
(a) Consultant
A Consultant, who shall not be an employee of the union, may be appointed or if necessary removed under the terms and conditions established by the EC under whose direction he/she shall work. While he/she shall be required to attend Meetings of the Union from time to time, he/she shall have no entitlement to vote on any issue.
The Consultant shall:
(i) Advise the Union on aspects of personnel and industrial/employee relations policy;
(ii) In particular advise on legislation relevant to employment;
(iii) As required, conduct negotiations on behalf of the Union; and
(iv) When required by the General Secretary and/or the EC give such assistance required by way of advice and representation of members involved in grievance or disciplinary procedures.
(v) Be considered as a Trade Union Official within the meaning of current legislation.
The Consultant cannot commence any industrial action without the requisite authority as specified in Rule 26.
(b) Administrative Staff – will report to the Assistant General Secretary (Admin & Membership)
The Secretary
The Secretary shall -
(i) In conjunction with the Treasurer, arrange for the preparation of the Annual Return and ensure its submission to the Certification Officer.
(ii) Assist with the administrative arrangements in respect of the Annual General Meeting and Special Meetings under the guidance of the EC
(iii) Supervise the work of office staff
(iv) Make administrative arrangements in respect of the Meetings of the EC and the Annual Conference in conjunction with the Communications Officer.
(v) Assist with the appointment of scrutineers to supervise ballots.
(vi) Ensure that all meetings are held in accordance with the Union's Rules.
(vii) Take the minutes of EC meetings and other meetings as appropriate.
(viii) In conjunction with the Communications Officer, ensure that a financial statement is circulated to members within 8 weeks of the submission of the Annual Return to the Certification Officer.
(ix) To deal with correspondence as directed by members of the EC, including: in accordance with Rule 10 (b) (i)(iv)
(x) Undertake any other duties as determined from time to time by the EC.
(c) Administration Manager
The Administration Manager shall -
(i) Receive completed application forms for membership and with the approval of the EC issue membership cards.
(ii) Maintain the register of members in a manner prescribed by the EC.
(iii) Work in conjunction with the Treasurer to ensure that members' subscriptions are kept up to date.
(iv) Inform the EC of the names of members whose subscriptions are more than two months in arrear.
(v) Take all necessary action to recruit new members.
(vi) Ensure that a membership report is submitted to each meeting of the EC indicating changes in membership numbers.
(vii) Under the authority of the EC all or some of the above responsibilities may be delegated to a duly authorised Membership Secretary.
(xi) Undertake any other duties as determined from time to time by the EC.
(d) Individual Case Representatives
The Executive may appoint Individual Case Representatives to assist in handling grievance and disciplinary matters on behalf of individuals or groups of members. These Representatives will be appointed as Trade Union Officials subject to current trade union legislation.
(a) The funds of the Union shall be applied to purposes as are consistent with the objects of the Union.
(b) The Union's financial year shall terminate at 31st March of each year.
(c) An income and expenditure account and a balance sheet shall be completed at the end of each financial year and circulated to members prior to the Annual General Meeting in accordance with Rule 17 (e) (vi).
(d) All returns required by statute shall be completed and sent to the Certification Officer after the Annual General Meeting.
(a) Subject to Rule 15 (b) (ii) Auditors shall be appointed by a resolution passed by members at an Annual General Meeting to hold office up to and including the next Annual General Meeting.
(b) In particular auditors shall not be removed from office except by a resolution passed at a either a General Meeting or Special General Meeting of members.
(c) The Auditors must be able to comply with current trade union legislation.
The Union cannot amalgamate, transfer its engagements, be dissolved or affiliated with another organisation except by a special resolution authorised by the EC and passed by two thirds of the membership voting by postal ballot. In the event of the Union being dissolved, the EC shall remain in office until the affairs of the Union have been wound up.
The Rules of the union clearly fall into two categories, those that are operational and/or strategic, and those that are Constitutional. Examples of those items that are considered as Operational/Strategic and those that are considered as Constitutional are contained in Appendix A – these examples are not exhaustive.
(i) By their nature, those items that are operational and/or strategic, that effect the efficiency of the Union require immediate action and are therefore the proper domain of the EC. Such rules may be changed by the EC in accordance with rule 13 (c) (xvii) and subject to rule 23a.
(ii) Such items that are deemed to be of a Constitutional nature require the authority of an SGM, unless they can be determined by reference to rule 23a
(a) The interpretation of any of these Rules lies with the EC and the EC shall determine any matters where these Rules are silent.
(b) Any member of the Union shall be entitled to view the rules on the web-site or obtain a hard copy of the Rules on application to an Officer or elected representative of the Union.
When any member has a complaint that action contrary to the Rules of the Union has been taken, the following procedure shall apply;
(a) A written statement giving precise details of the action complained of, and in particular the relevance of any Rules of the Union, shall be submitted to the Secretary.
(b) The Secretary shall make any enquiries he/she considers necessary and advise the member of his/her findings.
(c) If the member remains dissatisfied the matter shall be placed before the next meeting of the EC.
(d) The views of the EC shall be made known in writing to the member who raised the issue.
(e) If the member remains dissatisfied, EC they may refer the matter to the Appeals Sub-Committee appointed by the Annual Conference. The member shall be entitled to make representation to the sub-committee personally.
(f) The report of the sub-committee shall be made known to the member concerned and the EC.
(a) If a resolution for the dissolution of the Union is approved by 2/3rds of the membership by voting in a ballot, then the EC shall remain in Office until all the affairs of the Union have been wound up.
(b) The Union's surplus funds and assets, after providing for all liabilities, shall be used for welfare purposes for the benefit of the members. In the event of a deficit being revealed this shall be met by means of a levy on the persons who were members at the end of the calendar month prior to the date on which the resolution for dissolution was passed.
IT IS THE OVER-RIDING POLICY OF THE UNION THAT NO ACTION WILL BE TAKEN THAT WOULD BE IN CONTRAVENTION OF THE PHARMACY CODE OF ETHICS IN RELATION TO PATIENTS.
Subject to the above paragraph, the following conditions should be applied -
(a) All stages of conciliation and arbitration must be completed before industrial action may be contemplated by members of the Union.
(b) In matters subject to arbitration no industrial action shall be taken unless an Employer fails to comply with the award of an Arbitrator.
(c) Where there is no provision for arbitration, industrial action can only be taken after a meeting between representatives of the EC and the Company at which the Union has registered a "failure to agree".
(d) The authority for industrial action lies as follows:-
(i) The EC
Official industrial action which does not include the withdrawal of labour must have written approval of the EC.
(ii) Total Membership
When the action contemplated is a withdrawal of labour by either a specified group of members or by the total membership, approval is required by ballot in accordance with legislation current at the time.
(e) The EC shall be responsible for ensuring that any form of industrial action which is contemplated shall only take place after all statutory requirements have been complied with.
Any member of the Union shall have the right to inspect the Register of Members within 7 days of the receipt by the Secretary of a written request to do so, provided always that such written request shall set out the reasons for the inspection and these reasons comply with Data Protection legislation.
Any member may make a data subject access request in accordance with Data Protection legislation.
The Register of Members may be disclosed to the appointed scrutineers (a scrutineer on the list approved by the Secretary of State for Employment or the Electoral Reform Society)
For the purposes of the formation of the union the following conditions –
A1; A2
C5; C7; C8 [except C8 (c)]; C9; C10;
D11; D13; D14
F17; F18
H22 [excluding (ii)]; H23; H25; H26 [excluding (d)(ii)]; H27
A3
B
C6; C8(c)
D12; D15
E16
G19; G20
H21; H22 [excluding (i)] H24; H26 (d)(ii)