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PCS
ACAS BRANCH CONSTITUTION
NAME
1 The name of the Branch shall be the "Public and Commercial Services Union ("PCS") Advisory, Conciliation and Arbitration
Service Branch".
OBJECTIVES
2. The objectives of the Branch shall be to:
a) protect and promote the interests of its members
b) promote and monitor fair treatment of its members
c) recruit and retain members and ensure the payment of subscriptions
d) co-ordinate and represent the views of its members and take action on matters of Branch interest
e) protect and promote the services in which they are employed
f) provide the NEC and associated committee(s) promptly with any information and returns they require
g) arrange the distribution of all Union circulars and literature
h) generally assist the NEC in compliance with the Union's rules.
MEMBERSHIP
3 All members employed by ACAS shall be deemed to be members of the Branch
MANAGEMENT
4 The management of the Branch shall be vested in the Branch
Executive Committee ("BEC") and the Branch Officers who sit on that committee.
ANNUAL DELEGATE CONFERENCE
5. The Annual Delegate Conference ("ADC") shall (in the case of the year concerned) be held between 1 January and the
last day allowing for the timely submission of motions and nominations
for the Union Delegate Conference.
6.1The ADC shall:
a) receive the written Annual Report, Financial Report and audited Statement of accounts
b) consider the motions and nominations submitted by Sub Branches
c) receive the results of the Branch and Sub Branch elections
6.2 Branch members shall elect by secret, individual ballot the Branch Officers listed in rule 12, Branch
Auditors and delegates to the Union BDC. A notice calling for nominations shall be circulated by the Assistant Secretary (Admin)
to members not later than 42 days before the ADC. Written notice of nominations shall be sent to the Branch Secretary not
later than 28 days before the meeting. in the event of a contest, nominees may submit an election address (including biographical
information) of not more than 500 words, voting papers and any election addresses submitted in accordance with this rule shall
be circulated to members not later than 21 days before the meeting. Each Branch member shall have one vote for each position
to be filled. Voting shall be counted by the Auditors (save those for any election of auditors which shall be counted by the
Branch Chair and Secretary) and the candidates for each position placed in order. The candidate(s) with the most votes shall
be elected. In the event of a tie, the ballot should be re-run.
7. A notice convening the ADC, together with the Annual Report, Financial Report and audited Statement
of Accounts and details of procedures for submitting motions and nominations shall be circulated by the Assistant Secretary
(Admin) to Branch members not later than 42 days before the ADC. Written notice of motions and nominations for inclusion on
the agenda shall be sent to the Branch Secretary not later than 28 days before the ADC. The agenda, including details of all
proposed motions and nominations shall be circulated to BEC members not later than 21 days before the ADC: motions submitted
less than 21 days before the meeting shall only be accepted at the discretion of the Chair, if considered motions of urgency.
Sub Branches may send delegates according to a formula based on membership produced by the BEC. Expenses incurred shall be
paid for out of union funds in accordance with union rules.
8. Each Branch member attending the ADC as a delegate, may, subject to the Unions' rules, vote on matters
put to the meeting for decision the Chair shall only use his or her vote as a casting one in the event of a tie of votes for
and against a proposal. Voting shall be by show of hands; but a ballot of those present may be called, at the discretion of
the Chair or if a majority of those Delegates present ask for a ballot, provided that such a request is made before the Chair
puts the proposal to a vote.
9. As regards the elections conducted at the ADC, each Branch member shall have one vote for each position
to be filled. The votes shall be counted by two scrutineers who will have been appointed by the Chair, at the ADC and the
candidates for each position placed in order of the votes cast. The candidate(s) with the most votes shall be elected.
MANDATING MEETINGS.
10.1 Motions passed at Sub Branches AGM, together with any nominations, shall be sent to the Branch Secretary.
These will be compiled by the Branch Organiser and sent to each Sub Branch BEC Representative who shall then convene a mandating
meeting of that Sub Branch to elect ADC delegates and mandate delegates on the business of the ADC. This meeting shall be
held before the date notified by the Branch Organiser as the final date for receipt of amendment to motions to be put to the
ADC. This date shall be at least 10 days before the ADC. A BEC meeting shall be held immediately before the ADC to agree BEC
positions on motions and identify BEC speakers.
10.2 A BEC meeting shall be convened by the Branch Secretary to mandate Union Delegate Conference delegates
on the business of these conferences. The meeting shall be held between the receipt of the conference paper containing the
motions and the last working day before the first day of the conference(s) A notice convening the BEC meeting shall be circulated
to Branch Executive Representatives not later than 14 days before the meeting. A report of the meeting shall be circulated
to Branch members.
SPECIAL BEC MEETING
11 On receipt of a written request for a special BEC meeting, by no fewer than 10% of Branch members,
the Branch Secretary will convene such a special BEC meeting within 21 days. The request shall be supported by the reason(s)
for calling the meeting, together with any proposed motion and the name(s) of the moving and seconding Sub Branch. Any expenses
incurred will be met from Branch funds. Discussion at the meeting shall be confined to the items on the agenda which shall
be sent to BEC representatives no later than 7 days before the meeting.
BRANCH OFFICERS
12 The Branch Officers shall consist of a Chair, Secretary, 2 Assistant Secretaries, Diversity and Fairness
Officer, Organiser, and Treasurer. The Officers shall be members of the Branch elected by secret, individual ballot of members
within the Branch. The BEC may, at their discretion fill any casual vacancy either by appointing from within the BEC members
or by seeking a secret individual ballot of members.
13 The duties of each officer shall be allocated by the BEC, subject to the Union's rules. Each Officer shall give
a report to each BEC meeting on the business of their office. The Chair and/or Secretary may attend any sub committee.
BRANCH EXECUTIVE COMMITTEE
14.1 The BEC shall consist of the Branch Officers and 14 members who shall be Sub Branch representatives of the following:
(a) Scotland (b) Leeds (c) Liverpool (d) Birmingham (e) Wales (f) Eastern (g) London (h) Fleet (i) Bristol (j) Head Office
(k) Newcastle (l) Nottingham (m) Paddock Wood (n) Manchester
14.2 The BEC shall normally meet at least 6 times a year The quorum at BEC meetings shall be a majority of voting members.
15 The BEC may co-opt additional members in an advisory capacity. If there is no BEC member elected from the administrative
grades, the BEC shall co-opt such a member. All co-opted BEC members shall not be entitled to vote
16 The BEC shall establish such bodies as it considers necessary to represent the interests of women members, ethnic
minority members, young members, gay and lesbian members and disabled members.
17 Any member absent from a BEC meeting must give an explanation to the Branch Chair or Branch Secretary. Any member
who is absent from three consecutive BEC meetings, without giving reasons which the BEC considers adequate, shall be deemed
to have resigned.
18 The BEC shall conduct the business of the Branch conforming to Union policy. It shall deal with all business remitted
to the Branch by the Union and take any action required.
19 The BEC shall give all members a written annual report of its activities and a Financial Report together with an
audited Statement of Accounts. The Annual Report shall contain a record of attendance of each officer/sub branch at BEC meetings.
SUB-BRANCH OFFICERS
20 The Branch shall be divided into 14 sub-branches. Each Sub Branch shall have at least the following:
-Chair, Secretary and Health and Safety Representative. Larger sub branches may have further posts;
-In the event of there being more than one nomination, the officers for the coming year shall be elected
by secret, individual ballot of those members within the Sub Branch concerned. The Sub Branch Officers shall choose one of
their number to represent the sub branch on BEC.
21 A notice calling for nominations shall be sent by the Sub Branch Secretary to sub branch members no
later than 42 days before the Sub Branch AGM. Nominations for Sub Branch Officers shall be sent to the Sub Branch Secretary
no later than 28 days before their AGM. In the event of a contest, nominees may submit an election address (including biographical
information) as in para 6.2 above. Each constituency member shall have one vote for each position to be filled. The votes
shall be counted by a scrutineer elected by sub branch members for this purpose and the candidates placed in order. The candidate(s)
with the most votes cast shall be elected.
22 The Sub Branch Officers and Representatives shall represent the Sub Branch in local negotiations and
on the local Joint Committee. They shall report their activities to regular Sub-Branch meetings, held where practicable at
least one every two months.
23 Sub-Branch and Branch Representatives shall represent the Branch in accordance with the objects in
rule 2 and report their activities to BEC meetings.
BRANCH REPRESENTATIVES
24 Branch representatives on the ACAS Joint Negotiating Committee, ACAS National Joint Council,
its sub committees and joint working parties shall be appointed by the BEC, wherever possible from among its number. Branch
representatives on any other body or unit of the Union shall be appointed from the BEC, wherever possible from among its number.
They shall report regularly to the BEC on their activities. Nominations for JNC and NJC Trade Union officers shall be made
by the BEC as it deems appropriate.
25 The BEC shall ensure the annual election or appointment of heath & safety representatives covering
all workplaces in ACAS.
DIVERSITY AND FAIRNESS GROUP
26 The BEC shall establish a Diversity and Fairness Group (DAFG) which will form the PCS delegation on
the TU Side of the ACAS Diversity and Fairness Group. This Group wiII consist of at least 6 members: of these one shall be
the Diversity and Fairness Officer who shall be a woman and will chair this Group; one shall be from an ethnic minority group,
and one shall be a disabled person. The Group shall report on its activities to the BEC. Apart from the Diversity and Fairness
Officer, the BEC shall appoint to these posts following nominations from Sub Branches. In the absence of sufficient nominations
the BEC shall have discretion to appoint as appropriate
FINANCE
27 The Branch’s financial year shall correspond to that of the Union.
28 Branch funds shall be administered by the Branch Treasurer in accordance with BEC directions The Treasurer
shall take charge of the funds and pay all demands as instructed by the BEC. Expenses necessarily incurred by the BEC members
or Auditor(s)/Scrutineer(s) or other representatives appointed by the BEC on Branch business where not otherwise re-imbursed,
rnay be paid out of Branch funds within limits set by the NEC.
29 The Treasurer shall present at each regular BEC meeting for inspections thereby1 the books
of account the bank pass book, and other such documents as the BEC may require. The Treasurer shall give a report to the BEC
at least once a quarter, and give up all books, documents, monies and property of the Union in their possession, whenever
required to do so by either the NEC or the BEC.
30 A bank account (with a bank approved by the NEC) shall be opened in the name of the Branch,
and each cheque drawn thereon shall be signed by the Treasurer and by either the Chair or Secretary. Each quarter, the Chair
shall sign a statement to the effect that the bank balances and Branch book can be reconciled and that no excessive cash balance
is held.
31 The BEC shall cause the Branch accounts to be entered regularly in proper books, and shall before
the 31 January submit accounts for the year ended on the previous 31 December to Branch Auditors. A Financial Report and the
audited Statement of Accounts shall be presented to the ADC in the form prescribed by the NEC: a copy shall be sent to the
Union's Treasurer as soon as practicable and not later than 31 March.
CONSTITUTION
The Branch shall be governed by the Union's rules. If this constitution conflicts with the Union's rules,
the latter shall prevail.
This constitution may not be amended except by the ADC, by a Special BEC Meeting convened for the purpose
or by a ballot of Branch members. Such a ballot shall be held on any amendment~ which the BEC considers to be a major change,
and the result shall prevail over any amendment made by the BEC. A motion to amend the constitution shall require a majority
of at least two thirds of the votes cast in order to be carried. Any amendment shall be subject to ratification by the NEC
and shall not take effect until then.
The Chair shall rule on any matter of interpretation of this constitution, and on any mailer where it is
silent. any such ruling may only be challenged by:
Special BEC Meeting. Members shall carry a motion which states: This Branch challenges the Chair's ruling
in connection with....... ". The motion "that the Branch Chair's ruling be upheld" shall then immediately be put to the meeting
without debate by the deputising officer while the Branch Chair leaves the chair. The motion shall only be defeated by a majority
of at least two thirds of the votes cast. The decision of the meeting shall be final and binding on all members.
A Branch member (including a BEC member) writing to the Branch Secretarry stating the reasons for the challenge.
The challenge shall require a simple majority of the votes cast at a BEC meeting to be upheld.
DISSOLUTION
35 The Branch shall not be dissolved except with the consent of the NEC. On dissolution, any money remaining in the
hands of the Branch, together with all documents, vouchers and records, shall be surrendered to the Union's Treasurer.
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