NEC's Report to the 2001 Annual Conference

1 The National Executive Committee has, since conference 2000, met on the following dates: in 2000 on the 21 May, 2 July, 13 August, 24 September, 5 November, 17 December; and in 2001 on the 28 January, 11 March, 22 April, 11 May.

2 The members of the National Executive Committee elected with effect from the 21 May 2000 were: Jack Amos, Sean Barker, Helene Bevan, Tudor Gates, Pete Harding, Tony Lennon, Lynn Lloyd, Andy Love, Peter Martin, Turlough MacDaid, Jack McNairn, Gino Najera, Tony Scott, John Sealey, Margaret Watts.

3 A vacancy remained through insufficient nominations to represent the Independent Broadcasting division. Ian Williams was elected through a by-election in the division on the 2 July 2000.

4 The General Secretary reported to the National Executive Committee at its first meeting on the 21 May that it had been brought to his attention that there may have been a problem in respect of the contested elections for the National Executive Committee where members had been balloted in the London Production division and the Arts & Entertainment division.

5 The General Secretary conducted an investigation into this matter and reported to the National Executive Committee at its meeting on the 2 July 2000 that because of a problem with the database the union had failed in its duty to give an opportunity to vote to every person who is entitled to vote in the election and recommended to the National Executive Committee: (1) That we re-run the ballot part of the NEC election for the London Production and Arts & Entertainment divisional places on the NEC, with the same candidates, as soon as practicable possible. That ballot papers will have been issued to all paid up members of the two division by the 6th July; (2) That the NEC appoint the Electoral Reform Services to act as Independent Scrutineer for the Ballot; (3) That the candidates are not allowed to in any way change their election address; (4) That we should request the Independent Scrutineer to include in any NEC election result the number of paid up members in the division concerned, the number of members for whom we do not have the correct address, as well as the number of ballot papers issued.

6 The National Executive Committee, having considered the General Secretary's report, decided that: (1) the General Secretary should, prior to the re-issue of ballot papers, write to every member of the London Production division and Arts & Entertainment division giving an explanation about the re-balloting of members and urging members to participate in the elections: (2) BECTU re-run the ballot part of the NEC elections for the London Production and Arts & Entertainment divisional places on the NEC, with the same candidates, as soon as practically possible, and that ballot papers should be issued to all paid up members of the two divisions by the 6 July, and the ballot should close on the 4 August; (3) the Electoral Reform Services be appointed to act as independent scrutineers for the ballot; (4) the candidates are not allowed in any way to change their election address; (5) we request the independent scrutineer to include in any NEC election result the number of paid up members in the division concerned, the number of members for whom we do not have current addresses, as well as the number of ballot papers issued

7 The results of the re-ballot were circulated in Branch Circular 587 and did not result in any change in the representation of the Arts & Entertainment and London Production divisions on the National Executive Committee.

8 The General Officers elected on the 21 May 2000 under rule 33(b) by the National Executive Committee from among its own numbers were Tony Lennon (President), Jack Amos (Vice-President), Turlough MacDaid (Treasurer).

Conference

9 The minutes of the annual conference of BECTU held in Manchester on the 6 May 2000 were circulated to branches in Branch Circular 576 dated 10 May 2000. The propositions carried and remitted at that conference, and the action taken on them by the NEC, are given in Appendix A to this report.

10 The National Executive Committee at its meeting on the 21 May 2000 decided to hold the union's 2001 conference in Eastbourne.

Election of President: complaint

11 It was reported to the National Executive Committee at its meeting on the 2 July 2000 that Tudor Gates had complained to the Certification Officer that BECTU had failed to ensure that its President had been elected to that position in an election satisfying the requirements of Section 46(1) of the 1992 Labour Relations (Consolidation) Act. The National Executive Committee decided that in light of its existing policies endorsed by the union's conference on the 6 May 2000 it would resist this complaint.

12 The National Executive Committee believes that its fundamental duty is to protect the rule book decided upon by the union's annual conference.

13 The Certification Officer convened a formal hearing to listen to the complaint made against BECTU by Mr Gates. This hearing took place on the 5 September 2000. Having listened to the submission, the Certification Officer found "that the Broadcasting Entertainment Cinematograph and Theatre Union were in breach of Section 46(1) of the 1992 Act in that the union failed to ensure that the President of the union had been elected to that position in an election satisfying the requirements of the Act." The full text of the Certification Officer's findings was set out in Branch Circular 595 dated 7 November 2000.

14 The National Executive Committee at its meeting on the 5 November 2000 agreed that the General Secretary be authorised to obtain Leading Counsel's advice and to authorise BECTU's legal advisers to submit an appeal to the Employment Appeal Tribunal if Leading Counsel thought there was a better than 50% chance of successfully appealing against the decision of the Certification Officer.

15 The General Secretary reported to the National Executive Committee at its meeting on the 17 December 2000 that he had, with Stephen Cavalier of Thompsons, obtained the advice of Leading Counsel on the 20 November 2000, that Leading Counsel had stated there was a reasonable prospect of succeeding in the appeal against the Certification Officer's ruling to the Employment Appeals Tribunal and that the General Secretary had, because of the time limits involved and in accordance with the decisions made by the National Executive Committee, authorised Stephen Cavalier to lodge the appeal with the Employment Appeal Tribunal. The National Executive Committee noted that the costs of the appeal were not likely to be greater than £2,000. The Employment Appeal Tribunal will consider BECTU's appeal against the decision of the Certification Officer on the 10 April 2001 and a supplementary report will be issued setting out the decision of the Employment Appeal Tribunal.

16 In order to comply with the ruling of the Certification Officer, the National Executive Committee have had to prepare and submit a rule change to the union's annual conference on the assumption that BECTU would not succeed in its appeal against the Certification Officer's decision. The National Executive Committee had a choice of two possible rule changes, both of which would comply with the Certification Officer's ruling. The first of these would bring about a position whereby the President continued to be elected by BECTU's National Executive Committee but would not be able to hold office for a period of longer than 13 months. The second would create an additional place on the National Executive Committee specifically for the President of the union and would involve a ballot of all members of BECTU once every two years.

SOC note: The SOC received the following explanatory memorandum from the General Secretary regarding the following two propositions:

"The National Executive Committee has submitted two resolutions regarding the manner in which BECTU's President is elected. These have been submitted at this time to comply with an order issued by the Certification Officer in respect of the election of BECTU's President.

"The NEC are appealing the decision of the Certification Officer and the Employment Appeal Tribunal will hear the appeal on the 10 April. If the appeal is upheld the decision of the Certification Officer in respect of how we elect our President becomes redundant and the NEC will wish to withdraw both propositions. If our appeal is rejected, the NEC will wish to decide which of the two propositions it should put to conference. It will not want both propositions to go forward."

Proposition 1/01 (AP3) Election of President [alternative A]

That this annual conference approves the following alterations to rule submitted by the NEC under rule 45(b):

Rule 33(b)

Delete "clause (h)(iv) below" and insert "clause (h)(i)-(iv) below"

Delete "The National Executive Committee shall elect the President, Vice-President and Treasurer from amongst its members." and insert: "The National Executive Committee shall elect the Vice-President and Treasurer from amongst its members. The National Executive Committee shall also include the President, who shall be elected at the same time as the representatives defined above in the manner set out in clause (h) below."

Rule 33(g)

After "Should, for any cause whatsoever, a vacancy occur among the" insert "divisional"

After "In the event of there being no such candidate," insert "or should for any cause whatsoever a vacancy occur for the position of President,"

After "election of the National Executive Committee" insert "or President."

Rule 33(h)(i)

Add at end: "Candidates for election as President under clause (b) above must be nominated for that position by at least one branch in any of the divisions in clause (b) above, and otherwise in the same manner as prescribed for the nomination of candidates to represent divisions. Candidates for President shall be voted for by all paid-up members irrespective of their division."

Rule 33(h)(iv)

Add at end: "The votes for President shall be counted first, and where a candidate has been validly nominated for election to the National Executive Committee as both President and divisional representative, he/she shall if successfully elected as President not also be elected in any other capacity, and the person with the next highest number of votes in the election in the division concerned shall be declared elected as a representative for that division."

National Executive Committee

Amendment

In the proposed rule 33(h)(i), after "at least one branch in" delete "any" and insert "each".

North West Freelance

That this annual conference approves the following alterations to rule submitted by the NEC under rule 45(b):

Rule 33(b)

Delete "clause (h)(iv) below" and insert "clause (h)(i)-(iv) below"

After "from amongst its members." insert "The President, who shall not by virtue of holding that position be a voting member of the National Executive Committee, shall not hold that position for more than thirteen months, nor have held that position in the preceding twelve months."

Consequentially, in Appendix C, by-law 20, after "elected members" delete all down to and including "members of the NEC" and insert "present and eligible to vote, who"

National Executive Committee

Amendment

In the second paragraph, final sentence, delete "twelve" and insert "thirty-six".

North West Freelance

Election of National Executive Committee: complaints

17 The National Executive Committee were informed at its meeting on the 2 July 2000 that Tudor Gates had complained to the Certification Officer that BECTU was in breach of rule 33(d) of its rules which states that "no paid official or employee of the union shall be eligible for election to the National Executive Committee." Mr Gates was alleging that those members of the BBC division who were given full time release by their employers in order to carry out trade union duties were, for the purposes of rule 33(d), paid officials.

18 The Certification Officer considered this complaint at the hearing he had convened on the 5 September 2000 and rejected this complaint. The full text of the Certification Officer's findings was also set out in Branch Circular 595 dated 7 November 2000. For the avoidance of future doubt, the NEC declares under rule 33(l) that the term �paid official� implies an employee of BECTU.

19 The National Executive Committee were informed at its meeting on the 24 September 2000 that Tudor Gates had complained to the scrutineer about the re-run of the National Executive Committee elections.

Financial

20 The union continued to operate under the provisions of a facility agreement between BECTU and Unity Trust Bank. The facilities BECTU currently has with the bank are an overdraft facility of £150,000 and a loan facility of £312,000. The union's financial performance in 2000 was much improved on previous years, and at the end of 2000 BECTU had a surplus of £243,525. The National Executive Committee at its meeting on the 17 December 2000 endorsed the income and expenditure forecast for 2001, which is attached to this report as Appendix B.

21 Membership statistics

*including Overseas and Student Link-up

Breakdown of members and income by division

Subscriptions

22 The 1998 annual conference of the union agreed to significant changes in the union's subscription structure and put in place a banded system for the two production divisions of the union. It also called upon the National Executive Committee to review subscriptions income and if in its view it is prudent to do so to ensure that no member paying through DAS will pay more than £250 per annum.

23 One of the important aspects of the change to the subscription rule was the ability to increase subscriptions in line with the annual increase in the general index of retail prices on the 1 January each year. Because of the installation of the new computer database and because it would mean tearing up all recruitment literature at the end of each year, no increase to the banded structure has taken place since it was introduced in July 1998.

24 The National Executive Committee have therefore been reviewing the practicalities of the existing subscription structure during the course of the past year. The National Executive Committee do not believe that it is tenable in the long term that we should have as many different subscription structures as we currently have. The National Executive Committee also believe that it is important to make some progress in introducing a cap on the maximum amount of subscriptions payable. The National Executive Committee therefore agreed at their meeting on the 28 January 2001 to propose to the union's 2001 conference a unified subscription structure for all members paying by direct debit or standing order, and to introduce a cap of £400 as the maximum subscription payable with effect from the 1 January 2001. The National Executive Committee have sought to conduct the widest possible consultation of divisions before agreeing to propose this rule change.

Proposition 3/01 (AP2) Subscriptions

That this annual conference approves the following alterations to rule submitted by the NEC under rule 9(e):

Rule 9(a)

Re-letter rule 9(a) as rule 9(a)(i)

Rule 9(aa)

Re-letter rule 9(aa) as rule 9(a)(ii)

Delete existing rule 9(aa) [proposed rule 9(a)(ii)] in its entirety and insert: "No member paying subscriptions under subclause (i) above shall be required to pay more than £400 per annum with effect from 1 January 2002."

Rule 9(b)(i)

Delete in its entirety and re-letter existing rule 9(b)(ii) as rule 9(b)(i)

Rule 9(b)(ii) [proposed rule 9(b)(i)]

Delete in its entirety and insert:

"With effect from 1 January 2002, members paying subscriptions by direct debit or standing order shall pay subscriptions according to the following scale:

*for first year of membership only

**or, in this band only, one per cent of earnings where a member provides evidence that this is a lower amount"

Rule 9(bb)(i)

Delete in its entirety and re-letter existing rule 9(bb)(ii) as rule 9(b)(ii) and existing rule 9(bb)(iii) as rule 9(b)(iii)

Rule 9(bb)(iii) [proposed rule 9(b)(iii)]

Delete in its entirety and insert:

"With effect from 2002, and every third year thereafter, a member paying subscriptions according to the scale set out in subclause (i) above, other than at the maximum rate in that scale, whose subscription has not increased in the two year period prior to the effective date, shall be deemed to have moved to the next higher band of the scale. The member shall be given advance notice in writing of the increased subscription thus payable by him/her, and if appropriate may submit evidence of his/her earnings to show why the increase should not apply."

Rule 9(d)

After "defined in clause (a) above," delete "annually, half-annually, quarterly, monthly or weekly,"

Rule 9(f)

Delete "clauses (b) or (bb) above" and insert "clause (b) above"

National Executive Committee

Amendment

In rule 9(bb)(iii) [proposed rule 9(b)(iii)], in first sentence delete "whose subscription has not increased" and insert "whose subscription scale has not been updated or reconfirmed".

Camera Department

Proposition 4/01 (AP10) BECTU's competitiveness

That this annual conference calls upon the NEC to recognise that BECTU is losing members to other unions, such as the NUJ, in job categories where joint recognition exists and to take urgent action in the most appropriate manner to stem this loss of members by ensuring that BECTU's subscriptions become competitive.

Bush House 2