Constitution (Updated March 2022)
1 - Name
Aberdeen Trades Union Council (ATUC, hereinafter called the
Council)
2 - Aims and objectives
A)
To provide services to affiliated branches on a
wide range of industrial, social and community issues;
B)
To promote the interests of all its affiliated
organisations and to secure united action on all questions affecting or likely
to affect those interests, including making representations to local
authorities about matters of common concern to trade unionists within the
district and nominating representatives to a number of statutory committees;
C) To
act as the local body of the STUC, and to support and work for the application
of such objects as the STUC may from time to time determine, including making
more widely known in its area national policy declared by the STUC;
D) To
improve generally the economic and social conditions of working people,
including seeking improvements to the social services, public education,
housing and health;
E)
To help promote suitable cultural, educational,
social and sports facilities for all working people;
F)
To act on such matters as may be referred to the
Council by affiliated bodies, provided they do not conflict with the terms of
their respective constitutions and their politics;
G) To
co-operate with similar associations or councils recognised by the STUC;
H) To
support union and community campaigns for dignity and respect in the workplace
and beyond;
I)
To promote equality and diversity in all of its
activities; and
J)
To play an active role in
anti-fascist/anti-racist activity.
3 - The Duties of Council
A)
The Council shall be affiliated annually to the
STUC.
B)
The council is empowered to hold by rent or
purchase or lease, property or buildings or accommodation which shall be used
for purposes in keeping with the objects of the Council.
C) Property
owned by the Council shall be in the power of the trustees, as defined in
section 10.
D) Management
and administration of property, buildings or accommodation rented, purchased or
leased by the council shall be vested in the Executive Committee.
4 - Composition and Representation
A)
The Council shall consist of appointed delegates
from the affiliated Trade Unions, or chapels/branches of such Trade Unions, who
have paid affiliation fees in accordance with Rule 5.
B)
Trade Unions or Branches of Trade Unions shall
be entitled to one delegate for every 50 members or part thereof, affiliated to
the council, provided they have paid an annual fee per affiliated member, as
agreed by the Council Annual General Meeting (AGM), towards the expenses of the
council. Affiliation fees shall
accompany the affiliation application form.
No Trade Union or branch thereof shall be entitled to send more than ten
delegates.
5 - Delegates and members
A)
Delegates must be bona-fide members or paid
officials of the organisation appointing them.
B)
Participation in council meetings shall be to
nominated delegates or substitute delegates nominated in writing to the Council
by their Trade Union.
C) No
delegate shall act as a delegate for more than one organisation.
D) Delegates
must conform to the rules of the Council.
E)
On appointment, each delegate’s name and address
shall be forwarded to the Council Secretary on the affiliation form, who will
thereafter seek endorsement by the Council of the delegate.
F)
The Council reserves the right to refuse
participation to any delegate not nominated or substituted by their Trade
Union.
G) Consultative
members shall be agreed at the AGM. Then
they will be allowed to speak on all matters of business at full Council and
Executive meetings. Consultative members
will not have a vote, nor will they be entitled to hold Office in the Trades
Union Council.
H) Representatives
of community organisations associated with the ATUC will be permitted to attend
Council meetings and to participate only through Activity Reports or as invited
speakers. They will not have a vote, nor will they be entitled to hold Office.
6 - Attendance
The Secretary shall keep a record of attendances at Council
meetings. This record is to be made
available to affiliated organisations on request.
7 - Officers
A)
The Officers of the Council shall be:- Chair,
Vice-Chair, Secretary, Assistant Secretary, Minute Secretary, Treasurer and
such other officers as may be deemed necessary.
B)
Officers shall be accredited delegates to the
Council, and shall be elected at the AGM.
C) Nominations
for Officer posts shall be made at the full Council meeting preceding the AGM.
All Officers shall retire annually and shall be eligible for re-election.
D) No
one person may stand for more than one designated Officer post.
E)
Vacancies arising during the session may be
filled by the Council on a temporary basis until the AGM.
8 - Executive Committee
A)
The Council shall appoint an Executive Committee
consisting of the officers plus five additional members, all of whom shall be
accredited delegates to the Council, and shall be elected at the AGM
B)
The President shall oversee all meetings of the
Executive Committee.
C) In
the absence of the President the Vice President shall chair the meeting. In the
absence of both the meeting shall appoint a chairperson.
D) In
the absence of the Secretary, the Assistant Secretary, or failing that the
Minute Secretary, shall fulfil the duties of the Secretary.
E)
The Executive Committee shall meet as and when
required and not less than quarterly.
F)
Five members shall form a quorum. Notice of absence must be given to the
Secretary.
G) Any
member absent from two consecutive meetings without such notification shall
normally be reported to the Council who may remove the absent member from the
Executive Committee.
H) Executive
Committee members who feel themselves to be in serious disagreement with a
majority Executive Committee decision, may have their dissent recorded. At Council meetings they may express their
point of view, but shall not be permitted to vote against such majority Executive
Committee decisions.
9 - Auditors
The Council shall appoint two auditors. They shall be accredited delegates to the
Council and shall be elected at the AGM.
They shall not be members of the Executive Committee.
10 - Trustees
The Council shall appoint seven Trustees. They shall include the President, Vice
President, Secretary, Vice Secretary and Treasurer. The remaining two Trustees,
who shall be accredited delegates to the Council, shall be elected by ballot at
the AGM.
11 - Council Meetings
A)
The Council shall meet on the first Wednesday of
every month, except for the month of August, when ATUC will recess for that one
month.
B)
The President shall oversee all meetings of the
Council.
C) In
the absence of the President the Vice President shall chair the meeting. In the
absence of both the meeting shall appoint a chairperson.
D) In
the absence of the Secretary the Assistant Secretary, or failing that the
Minute Secretary, shall fulfil the duties of the Secretary.
E)
12 delegates, including officials, shall form a
quorum.
F)
The agreed minutes of Council meetings will be
circulated by the Secretary after confirmation and passed to the STUC.
G) Any
delegates absent from three consecutive meetings without a valid reason may be
reported to the organisation whom the delegate represents.
H) Special
meetings may be called either at the discretion of the executive committee or
by the secretary on receipt of a requisition in writing from at least three
affiliated bodies; notice of such a meeting to be given to the delegates. Special meetings may also be called for
suspension of Officers and the ensuing investigatory process.
I)
All meetings of the Council shall be open to the
press and visitors, unless the majority of the delegates decide to meet “in
camera”. Representatives of the press
shall sit apart from the delegates and shall NOT take part in the business.
Visitors shall sit apart from Delegates, but can take part in the business if
invited so to do, by Delegates. Visitors shall not have a vote.
12 - Annual General Meeting
A)
The annual general meeting will be held on the
first Wednesday in March.
B)
The President shall oversee proceedings at the
AGM.
C) In
the absence of the President the Vice President shall chair the meeting. In the
absence of both the meeting shall appoint a chairperson.
D) In
the absence of the Secretary the Assistant Secretary, or failing that the
Minute Secretary, shall fulfil the duties of the Secretary.
E)
Elections for the Officer posts will be
conducted at the AGM.
F)
Where there is more than one nomination for any
post, there will be a show of hands for each nominee and the nominee with the
highest show of hands will be appointed.
In the event of a tie the casting vote will go to the chair.
13 - Financial management
A)
The bank account or accounts are to be held in
the name of the Aberdeen Trades Union Council and to be operated by the
appointed Bank Account signatories.
B)
The operation of these accounts will be the
responsibility of the Treasurer and named bank account signatories.
C) At least three signatories including the treasurer and other post holders from the officers or executive committee should be nominated and approved at the AGM and recorded in the minutes as such.
D) All
monies received shall be lodged in such bank account as approved by the
council.
E)
The Treasurer will keep an analysed monthly
record of all income and expenditure and will provide this record to delegates
at the monthly Council meetings.
F)
The Treasurer will report to the Executive
Committee on at least a quarterly basis.
G) The
Internal Auditors will carry out an internal review of the Annual Accounts and
provide assurance to the Council prior to the Accounts being submitted to the
appointed external Accountants.
H) The
Treasurer shall keep an account of all income and expenditure; prepare internal
annual accounts; pay all accounts where duly authorised to do so by the
Council; submit all relevant vouchers to auditors; and submit internal accounts
and vouchers to the appointed accountants to allow preparation of the annual
audited accounts and Corporation Tax Returns following the review of the
internal auditors.
I)
The Treasurer will produce an externally audited
statement of accounts to the AGM.
J)
The Treasurer will draft a budget for
consideration at the first Executive meeting after the AGM. That budget to be referred to Council for
approval.
14 - Council income and expenditure
A)
All monies collected in the name of the Council
must be paid into the account by the bank account signatories.
B)
Expenditure incurred shall be paid by cheque,
standing order, direct debit or via online banking by the appointed bank
account signatories.
C) Each cheque will be signed by a minimum of two appointed bank account signatories (as determined in 13C); one of these should be the Treasurer (except in an emergency situation as agreed and minuted at an Executive Committee meeting).
D) All
normal expenditure, with the exception of utility bills incurred on behalf of the
council, must be approved by a meeting of the full Council. Decisions must be recorded in the relevant
minute.
E) In circumstances where expenditure becomes necessary where prior approval of the council is not possible, the executive committee will have the authority to authorise expenditure up to a limit to be determined at each AGM. Any expenditure so authorised will be declared at the next full council meeting for homologation in the minute.
15 - Inventory
A)
The Executive Committee will keep a
record/inventory of all items owned by the Council. This record will include the location of the
item and the Officer/Steward responsible for its use and safekeeping.
B)
The Key Holders for any Council premises will be
the designated Office holders with exception of the Minute Secretary. Keys must be returned immediately on vacation
of post.
16 - Officer/representative expenses and general principles
A)
Officers and representatives are entitled to be
reimbursed for expenditure incurred whilst carrying out their duties, attending
meetings and/or conferences on behalf of the Council.
B)
No Officer or Representative should be
disenfranchised from activity because of financial constraints. Therefore travel and subsistence will be paid
in advance where necessary. Any advances
will be recorded and signed by the recipient.
C) All
expenses to be claimed for must be approved by the Council and be signed off by
the Treasurer and one other Officer on receipt of the relevant voucher of
expenditure.
D) The
approval of the Council must be sought for attendance at any conference or
meeting that will incur expense for the Council. Approval of the named person or persons will
be recorded in the appropriate minute of the Council.
17 - Scottish Trades Union Congress
The Council shall affiliate to the STUC to whom shall be
forwarded copies of all minutes, once agreed.
18 - Dissolution
The ATUC may be dissolved by a resolution passed by a
two-thirds majority of those present and voting at a Special General Meeting
convened for the purpose of which ninety (90) days notice shall have been given
to the members.
Such resolution may give instructions for the disposal of
any assets held by or in the name of the ATUC, providing that if any property
remains after the satisfaction of all debts and liabilities such property shall
not be paid to or distributed among the delegates, members, officers or
trustees of the ATUC but shall be given or transferred to such other
institution or institutions having the objectives similar to some or all of the
objectives of the ATUC as the ATUC may determine and if and in so far as effect
cannot be given to this provision then to some other charitable purpose.
19 - Amendments to the Constitution
The Constitution may be amended at any AGM provided notice
of any proposed alteration is forwarded by the delegate(s) of the affiliated
organisation no later than three weeks prior to the AGM. Any proposed alteration shall be issued to
the delegates of all branches affiliated to the Council and to Congress Office
one week prior to the AGM. Any such amendments must be approved by a two thirds
majority.
20 - Silence of rules
In the event of any situation arising not covered by the
Constitution, Standing Orders or agreed Council protocols, the decision shall
be agreed by the majority vote of the Council, and consideration given for the
need to amend the aforementioned rules.
Standing Orders
1 - Order of Business
A)
Council meetings (including the AGM) shall
normally commence at 19:30 (unless otherwise stated by the Council) and stand
adjourned not later than 21:30.
B)
Deputations appearing before the Council, any
reports by delegates appointed to appear or attend other bodies by the Council.
C) Minutes
of previous meetings after being approved as a correct record should be signed
by the Chairperson.
D) Executive
Minutes.
E)
Treasurers Report
F)
Trade Reports.
G) Activity
Reports.
H) General
Business.
2 - Suspension of Standing Orders
On any matter of urgency, the Chair may accept a motion to
suspend Standing Orders for up to a further 30 minutes, provided two thirds of
the delegates voting agree to this course of action. The mover must state purely the nature and
urgency of the business contained in the motion.
3 - Chair’s Ruling
A)
All questions of order shall be decided by the
Chair, whose decision is final unless challenged. In the event of such a challenge a vote shall
be taken without discussion, and the decision of the Chair reversed if two-thirds
of delegates vote against.
B)
All delegates taking part in debate should
state, on rising or speaking, their name and organisation. No delegate may speak twice on the same
subject, except on a point of order, and in this event, the delegate speaking
must take his place until the Chair decides.
Movers of motions shall be allowed five minutes to open and three
minutes to close the debate; movers of amendments shall be granted a similar
right; other speakers shall be limited to three minutes. Where, however, a negative is expressed
against a motion, the Chair shall declare a for-against vote and no amendment
shall be valid.
4 - Motions
A)
All motions to be discussed by the Council must
be submitted to the Secretary by the forwarding Branch, not less than 10
working days before the meeting and must not be in contradiction to the
nationally declared policy of the submitting union.
B)
Any motion once decided shall not be rescinded
or debated until three months have elapsed.
C) The
Executive Committee shall have the power to submit motions to the Council which
may be subject to amendment by the Council.
They shall have the right to submit amendments to motions submitted by
Branches.
5 - Amendments
A)
Any amendment to a motion must be voted upon
before a second amendment is debated, but notice of such must be given before
the first vote is taken. If the first
amendment is carried it becomes the substantive motion and may in turn become
subject to amendment.
B)
Delegates may seek to amend such a motion before
Council providing such amendment is not in contradiction to the national policy
of the delegate’s Union.
C) Any
delegate may move without debate “that the question be now put” and if seconded
the motion shall be put forthwith. If
the motion is carried movers of the motion or amendment shall have the right of
reply prior to the vote being taken.
6 - Emergency Motions
A motion will be regarded as an Emergency Motion, providing
the events referred to in such a motion could not have been submitted ten
working days prior of the date of the Council meeting, as provided for in Rule
4 (Clause A) and providing the events referred to are of such a nature that
immediate action is required.
7 - STUC Motions
STUC DRAFT Motions, for putting forward to STUC Congress,
must be submitted to the Secretary, by the forwarding Branch, for consideration
at the December meeting of the Council. All Motions to be agreed and finalised
at the January meeting of the Council.
8 - Voting
A)
Voting shall be by a show of hands. In the event of the result being equal the
Chair in addition to his/her deliberate vote shall exercise the casting vote.
B)
No vote once declared by the Chair shall be open
to challenge.
9 - Delegate Conduct
Any delegate or Office holder consistently disregarding the
ruling of the Chair, or is guilty of persistent obstruction, after due warning,
shall be named and suspended by a vote of the Council and thereafter reported
to the organisation responsible for his/her appointment.
10 - Alterations of Standing Orders
No new standing orders or alteration to those in force shall
be made unless it receives the votes of two-thirds of delegates present at the
AGM after requisite notice being given.