Rule changes

Motions have been allocated to a section of the NEC's report to Congress (UCU2068). Paragraph headings refer to paragraphs within this report. CBC has added some new paragraph headings to facilitate the ordering of motions.

Section 4: Rule changes to be taken in open session

(EP) advisory marking denoting UCU existing policy

42  Rule change: postgraduate researchers eligible for full membership regardless of employment status - Durham University

Add new 3.1.2:

3.1.2. Persons who are enrolled on (or prior to graduation from) postgraduate research programmes at institutions based in England, Northern Ireland, Scotland, Wales, the Channel Islands and the Isle of Man.

Renumber current 3.1.2 as 3.1.3.

Rule 3.1.3 (renumbered), replace 'a student member' with 'a member under Rule 3.1.2 or a student member'

Amended Rule 3.1.3 (renumbered) will read:

3.1.3 Persons who have been (but are no longer eligible to remain) a member under Rule 3.1.1 and who become unemployed, or retire and no longer continue in qualifying employment, or have been (but are no longer eligible to remain) a member under Rule 3.1.2 or a student member provided they retain an active interest in Further Education/ Learning and Skills Sector or in Higher Education, and shall include those persons who were immediately prior to the effective date of the amalgamation of AUT and NATFHE ('the effective date'), an attached or retired member of AUT or an associate member of NATFHE.

Renumber current 3.1.3 as 3.1.4.

Renumber current 3.1.4 as 3.1.5.

Rule 3.2.1, delete 'but who are not currently eligible for membership'.

Amended Rule 3.2.1 will read:

3.2.1 Students in training for qualifying employment;

Rule 3.2.2, delete ', but who are not currently eligible for membership'.

Amended Rule 3.2.2 will read:

3.2.1 Postgraduate students who have declared their intention to pursue a career in qualifying employment.

CARRIED

Purpose: to incorporate the goal of PGRs as Staff into membership policy; ensure all postgraduate researchers can have membership with full voting rights, access to legal support, and the ability to stand for UK office, as per Rules 4.1-4.5; and remove the ambiguity regarding PGR membership depending on employment status; while retaining free student membership and making it an option available to all students regardless of employment status.

For information:

The new rule 3.1.2 and amended/renumbered rules 3.1.3-3.1.5 fall in the section of the rules that begins:

3.1 The following are eligible for membership of the University and College Union:

The amended rules 3.2.1 and 3.2.2 fall in the section of the rules that begins:

3.2 The following are eligible for student membership of the University and College Union:

43  Rule Change: Extending legal support to student members - Migrant members standing committee

Add "and student members" to rule 4.5.

Amended rule would read:

Members qualifying for membership under rule 3.1 and paying the relevant subscription (if any is due) under rule 7 to the University and College Union, and student members, shall be eligible to request legal advice and assistance in accordance with the Legal Advice and Assistance Scheme.

CARRIED

Purpose: To extend equal access to UCU's employment legal scheme under its existing scope, rules, and remit to student members, whose membership status is subject to frequent change, thus providing protection that bridges their transition between membership types.

44  Rule change regarding the role of national negotiators - University of Nottingham

Add new rule 16.4.1

All national negotiators should be involved in any UK wide negotiations taking place with employers, even where not all negotiators can be in attendance at every meeting.

Involvement shall take the form of:

1. regular scheduled meetings of the UCU negotiating team.
2. invitations to elected national negotiators to attend relevant business of NEC sector committees.
3. prompt communication between all negotiators of developments in negotiations.
4. full participation of all negotiators in any discussion on strategy, tactics and decisions.

CARRIED

Purpose: to ensure that the role of national negotiators is clear and enshrined in rule.

CBC advice: if motion 45 passes, motion 46 falls.

45  Amendment to Rule 17.4 - Yorkshire and Humberside retired members' branch

Delete in second line 'two from FE and two from HE' and replace with 'at least one from FE and one from HE'

Rule as amended will read:

17.4 Additionally, each of the English regions, Scotland, Wales and Northern Ireland shall be able to send up to four observers to National Congress - at least one from FE and one from HE; these observers will be able to attend all events at Congress and relevant Sector Conferences but will not be eligible to propose or speak to resolutions.

CARRIED AS AMENDED

Purpose: To enable each of the English regions, Scotland, Wales and Northern Ireland, if they wish, to send as observers to Congress, members from Retired Members' Branches, which are not currently included in Rule 17.4 since RMBs are non-sectoral branches.

45A.1 Yorkshire and Humberside retired members' branch

Add comma after 'one from HE' and insert 'if available'

CARRIED

46  Rule change: amendment to rule 17.4 - Southern regional committee

Rule 17.4: Additionally, each of the English regions, Scotland, Wales and Northern Ireland shall be able to send up to four observers to National Congress "- two from FE and two from HE"; these observers will be able to attend all events at Congress and relevant Sector Conferences but will not be eligible to propose or speak to resolutions.

Delete in second line the words "- two from FE and two from HE;"

FELL

Purpose: To enable each of the English regions, Scotland, Wales and Northern Ireland, if they wish, to send as observers to Congress, members from Retired Members' Branches, which are not currently included in Rule 17.4 since RMB's are non-sectoral branches.

47  Rule change motion to Rule 34 - University of Sheffield

Add Rule 34.2 immediately following Rule 34.1

Rule 34.2: Halting (including time-limited pauses or suspensions) of a sanction, including industrial action, shall be subject to the same conditions on delegated authority outlined in Rule 34.1.

REMITTED (NOT TAKEN)

Purpose: to ensure that cancelling or pausing scheduled industrial action, including action short of a strike, be treated with the same diligence regarding decision making as calling for a ballot or scheduling strike dates.

48  Rule change - dispute committees - Durham University

Insert new rule 35 (renumber remaining rules accordingly)

35.1  For all multi-institution industrial disputes, a dispute committee will be constituted immediately following the declaration of a dispute from delegates from each branch involved in the dispute, which will exist for the duration of the dispute. Delegates will be elected or nominated by branches, with an entitlement of one delegate per branch. NEC members from the relevant sector/subsector may attend as observers. The committee will be chaired by the relevant Vice President (for single sector disputes), or by the President (for cross-sector disputes). The frequency of meetings will be determined by the committee. Branches may send different delegates to each meeting.

35.2 The scope of the dispute committee is limited to the dispute for which it is constituted.

35.3 No decision affecting continuation, escalation, or ending of an industrial dispute, including putting to the membership for approval a proposed deal to settle the dispute, will be taken without the approval of the dispute committee constituted for that dispute.

REMITTED (NOT TAKEN)

Purpose: To establish a disputes committee providing greater control over disputes to branches.

48A.1 London regional committee

Add the following clause at the end of the sentence "Delegates will be elected or nominated by branches, with an entitlement of one delegate per branch": "and their votes will be counted in proportion to branch Sector Conference or, in the case of cross-sectoral disputes, Congress delegate entitlements."

48A.2 University of Bath

35.1  Delete:

"For all multi-institution industrial disputes, a dispute committee will be constituted immediately following the declaration of a dispute from delegates from each branch involved in the dispute, which will exist for the duration of the dispute. Delegates will be elected or nominated by branches, with an entitlement of one delegate per branch. "

and replace with:

"For all multi-institution disputes, a dispute committee will be constituted immediately following declaration of a dispute. It shall be composed of delegates from the institutions in dispute, and shall exist for the duration of the dispute. Each branch may elect one delegate to the committee."

35.3  Add:

"The committee will use the standing orders of Congress. The quorum shall be one half of the number of branches in dispute. The committee shall decide on approval of any decision within five working days of a request to do so. If no response is received from the committee within five working days, the decision shall be considered approved."

REMITTED (NOT TAKEN)

Purpose: to ensure that a dispute committee is representative of the views of branches in dispute, and that decisions can be made in a timely manner which allows industrial action to be called predictably.

49  Amendment to model regional committee standing orders - National executive committee

Add new paragraphs 4.1 and 4.2:

In addition, where a prisons branch, or other institution as determined by the NEC, has more than 10 members in workplaces in a region other than the region in which the institution is primarily based, the branch shall be entitled to send delegates from among those members on the same basis as institutions that sit wholly within the committee's remit.

Members counting towards this entitlement to participate in a regional committee other than the one in which their institution is based, shall not also count towards the entitlement in that primary region.

REMITTED (NOT TAKEN)

Purpose: to allow members in prison branches (and potentially other branches, if so agreed by the NEC), whose employment may be spread across England, to be represented at the regional committee in which their workplace is located. This follows paragraph 4 of the model regional committee standing orders which sets out the formula for representation at regional committee meetings: one member per 100 UCU members or part thereof, from each institution within the committee's remit.