BRANCH CONSTITUTION (7 March 2016)

Name

1. The name of the Branch shall be the ‘Public and Commercial Services Union,HMRC,West Mercia Branch’.

Objects

2. The objects of the Branch shall be to:

(a) Protect and promote the interests of its members.

(b) Help to recruit and retain members, and collect subscriptions.

(c) Co-ordinate the views of its members, and take action on matters of Branch interest.

(d) Protect and promote the services in which members are employed.

(e) Provide the National Executive Committee (NEC) and Group Executive Committee (GEC) promptly with any information and returns they require.

(f) Arrange the distribution or sale of all Union circulars and literature.

(g) Generally assist the NEC in compliance with the Union’s Rules.

Membership

3. All staff employed in HMRC at the following locations:

Birmingham( Excluding CI and CIG RIS staff )

Coventry

Merry Hill

Solihull – ( Excluding CI and CIG RIS staff )

Telford – Parkside Court(excluding IMS & COPGU staff)

Walsall

Wolverhampton – Crown House

Worcester

Are deemed to be potential members of the Branch .

Management

4. The management of the Branch shall be vested in Branch General Meetings, the Branch Executive Committee (BEC), and the Branch Officers.

Annual General Meeting

5. The Annual General Meeting (AGM) shall be held between 1 January and the last day allowing for the timely submission of motions and nominations to the Annual Group Delegate Conference (GDC) and Annual Delegate Conference (ADC). No quorum shall be needed.

6. The AGM shall:-

(a) Receive the Annual Report, Financial Report and audited Statement of Accounts.

(b) Elect:-

1)Members to the Branch Equalities Committeesunder Rule 27 and

2)2 Branch auditors (who shall not be BEC members), and

3)Delegates to the National and the Group Delegate Conferences and

(c) Elect 2 Scrutineers (who shall not be BEC members) to count the votes in elections held at the AGM.

(d) Consider motions and nominations submitted by the BEC or individual members.

(e) Receive the results of the elections of Branch Officersunder Rule 15, BEC Representatives under Rule 24 and Health Safety representatives under Rule 25 and Union Learning representatives under Rule 26conducted under the Principal Rules PR3 and PR4.

7. A notice convening the AGM shall be circulated by the Branch Secretary to members not later than 28 days before the meeting. Written notice of motions and nominations for inclusion in the agenda shall be sent to the Branch Secretary not later than 21 days before the meeting. The agenda including details of all proposed motions and nominations, shall be circulated not later than 14 days before the meeting: motions submitted less than 14 days before the meeting shall only be accepted as motions of urgency at the discretion of the Chair.

8. The BEC may not make any nomination for election as Branch Officer, BEC Member, Branch Auditor, Delegate to the GDC or ADC or Scrutineer.

9. Each member attending the AGM, subject to the Union’s Rules, may vote on matters put to the meeting for decision. The Chair shall have a casting vote in the event of an equality of votes for and against a proposal. Voting shall be by a show of hands; but any vote may be taken by a ballot of those present at the discretion of the Chair, or at the request of a majority of those present provided that such request is made before the question is put.

10. In the case of elections conducted at the AGM, each member shall have one vote for each position to be filled. The votes shall be counted by the scrutineers and the candidates for each position placed in order. The candidate(s) with the most votes shall be elected.

Mandating Meetings

11. General Meetings shall be convened by the Branch Secretary to mandate Delegates on the business of Union and Group Delegate Conferences. The meetings shall be held between the receipt of the booklet of Conference motions and the last working day before Conference. A notice convening the meeting shall be circulated to members not later than 14 days before the meeting. Voting at the meeting shall be on the same basis as the AGM. No quorum shall be needed.

Autumn General Meeting

12. To be held no later than 6 months after Conference if deemed necessary by the BEC. A notice convening the Autumn General Meeting shall be circulated by the Branch Secretary to members not later than 28 days before the meeting outlining the reasons for holding the meeting. Voting at the meeting shall be on the same basis as the AGM. No quorum shall be needed.

Special General Meeting

13. A Special General Meeting shall be held no later than 21 days after receipt by the Branch Secretary of a written request signed by not fewer than 50 members. The request shall be supported by reasons for calling the meeting, together with any proposed motion and the names of the mover and seconder. Discussion at the meeting shall be confined to the items notified on the agenda, which shall be circulated to members not later than 7 days before the meeting. Voting shall be on the same basis as the AGM. The quorum shall not be less than 50 of the members.

Extraordinary General Meeting

14. An Extraordinary General Meeting shall be convened at the discretion of the BEC. Discussion shall be confined to the item(s) notified in the agenda, which shall be circulated to members not later than 14 days before the meeting. Voting at the meeting shall be on the same basis as the AGM. No quorum shall be needed.

Branch Officers

15. The Branch Officers shall consist of:-

Chair

Vice Chair

Branch Secretary

2 x Assistant Branch Secretaries

Equalities Officer

Health and Safety Officer *

Branch Learning Co-ordinator *

Environmental Officer

Organiser

Deputy Organiser

Treasurer

The Officers shall be members of the Branch elected by secret, individual ballot of the members in the Branch. The BEC may fill any casual vacancy.

*The Health & Safety Officer must be an accredited Union H&S representative and have completed H&S Stage 1 training.

* The Branch Learning Co-ordinator must be an accredited Union Learning Representative and have completed the ULR training course.

16. 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(s). Any officer may attend any sub committee meeting relevant to their portfolio. The Chair and Branch Secretary may attend any sub-committee meeting.

Branch Executive Committee

17.The BEC shall consist of: The Branch officers as per Rule 14 and a total of up to 40 representatives from the constituencies as defined by Rule 24. Each BEC representative for the coming year shall be elected by secret individual ballot of members within the constituency concerned and on election shall become a member of the BEC. All BEC positions can be filled on a jobsharing basis by no more than 2 members per position. Any nomination to stand as a jobshare candidate MUST be notified when standing for election and MUST name the other individual standing for the shared role.

18. No BEC member may hold more than one post on the BEC, unless on a temporary basis to cover a short term vacancy, and the appointment is agreed by the BEC. The BEC shall meet at least every 2 months. The quorum at meetings of the BEC or of any sub-committee shall be a majority of the voting members.

19.Each BEC position has ONE vote at the BEC .The BEC may co-opt additional members in an advisory capacity, without voting powers unless, a vote is allowed at the discretion of the Chair on matters for which the co-opted member was co-opted.

20.The BEC may fill a casual vacancy on the Committee by either (a) holding a by-election; (b) calling up the unsuccessful candidate in the last relevant election with the highest votes or (c) by agreement of the BEC should the options above prove unsuccessful or are impractical.

21. Any member absent from a BEC or sub-committee meeting shall give an explanation. Any member absent from three consecutive meetings without giving reasons which the BEC considers adequate shall be deemed to have resigned.

22. The BEC shall conduct the business of the Branch in conformity with Union policy and the instructions of Branch General Meetings. It shall deal with all business remitted to the Branch by the Union and take any action required.

23.The BEC shall give the AGM an Annual Report of its activities, and a Financial Report and audited Statement of Accounts. The Annual Report shall contain a record of attendance of each BEC member at BEC meetings.

24.The Branch shall be divided into constituencies at the following locations and the number of Branch Representatives per constituency is shown in brackets

  • Birmingham and Solihull (12) (City Centre House, Broadway, Norfolk House, Solihull)
  • Coventry(8)
  • Merry Hill (6)
  • Telford (2)
  • Walsall (2)
  • Worcester(2)
  • Wolverhampton Crown House (8)

The representatives shall be members of the branch based in the constituency elected by secret, individual ballot of the members in their applicable constituency.

In any constituency with more than one BEC representative, the representatives will agree who will be the Constituency Organiser. Should a Constituency Organiser not be decided then the BEC shall elect, or if necessary appoint a Constituency Organiser.

25. Each constituency will elect or appoint Health & Safety representatives on the basis of up to 2 per each floor of each workplace or 1 per location if there are less than 15 staff in a location. The results of any elections will be received at the Constituency meetings as per Rule 27. The H&S representatives shall be members of the Branch based in the constituency elected by secret, individual ballot of the members in their applicable constituency.

26. Branch Union Learning Representatives are the same number from the same constituencies as per Rule 24. The ULR’s shall be members of the Branch based in the constituency elected by secret, individual ballot of the members in their applicable constituency.

27. An annual meeting of the members in each constituency shall be held at least 7 days before the Branch AGM. The meeting shall receive an annual report and the results of the elections of BEC Representatives under Rule 24 and Health & Safety representatives under Rule 25 and Union Learning representatives under Rule 26 conducted under the Principal Rules PR3 and PR4.0

A notice convening the annual constituency meeting shall be sent to members by the current constituency representative, or Senior Constituency Representative not later than 28 days before the Branch AGM.

28. The Branch Equality Committees are:

  • Black and Asian Members Advisory Committee
  • Disabled Members Advisory Committee
  • Lesbian, Gay, Bisexual and Transgender Advisory Committee
  • Young Members Advisory Committee (aged 27 and under)
  • Women’s Advisory Committee

To join a particular Equality Committee a member from within the Branch must identify themselves as belonging to the group represented by that Committee. The number of members per Equality Committee is 6

29. At its first meeting following the AGM the BEC shall elect, or if necessary appoint, from its number Convenors for the BusinessStreams covered by the Branch, The Stream Convenors will be responsible for conducting industrial relations with the Official Side and shall organise a Team of Negotiators of elected representativesfor this purpose. The StreamConvenor shall be theBranch Representative to the relevant LTUS. The Stream Convenors shall report all activity to the Branch Committee.

30.The BEC will set up such sub committees as may be required and ensure representation to those in accordance with rules above. They shall report to the BEC on their activities.

31.Each constituency will elect or appoint Workplace Distributors on the basis of 1 per each floor of each workplace. The results of any elections will be received at the Constituency meetings as per Rule 27. Workplace Distributors are not BEC representatives but BEC members can be a Workplace Distributor.

32.All Branch Officers and Representatives will abide by this constitution and any other organisational documents agreed by the BEC. Nominees seeking election for any Branch representational post in this constitution must be substantively posted to the constituency in which they are nominated. Should any representative be substantively posted away from their electing constituency their entitlement to remain a representative shall cease and the resultant vacancy filled under the terms of rule 19 of this constitution.

Finance

33. The Branch’s financial year shall correspond to that of the Union.

34. 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 BEC members or Auditors on Branch business, where not otherwise reimbursed, may be paid for out of Branch funds within limits set by the NEC.

35. The Treasurer shall present at each regular BEC meeting for inspection thereby 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 so to do by either the BEC or the NEC.

36. A bank account (with a bank approved by the NEC) shall be opened in the name of the Branch, and each cheque thereon shall be signed by the Treasurer or by nominated counter signatories agreed by the BEC. Each quarter the Chair shall sign a statement to the effect that the bank balances and Branch bank book can be reconciled, and that no excessive cash balance in hand is held.

37. 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 the Branch Auditors. A Financial Report and the audited Statement of Accounts shall be presented to the AGM 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

38. The Branch shall be governed by the Union’s Rules and by the Group constitution where they apply in addition to this constitution. If this constitution conflicts with the Union’s Rules or with the Group constitution the latter will prevail.

39. This constitution may not be amended except by the AGM or by an EGM convened for the purpose. A motion to amend the constitution shall require a majority of at least two thirds of the votes cast in order to be carried

Chair

40. The Chair shall rule on any matter of interpretation of this constitution, and on any matter where it is silent. Any such ruling may only be challenged by:

(a) A Branch General Meeting. Members shall carry a motion which states: `This Branch challenges the Chair’s ruling in connection with...`. The motion `That the Chair’s ruling be upheld` shall then be immediately put to the meeting without debate by the deputising officer while the 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.

(b) A Branch member (including a BEC member), by writing to the Branch Secretary 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

41. 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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