Assistant General Secretary election 2002

Ground rules and main contractual terms

Ground rules

The following "ground rules" for the conduct of the Assistant General Secretary election were adopted by the National Executive Committee at its meeting on 13 October 2002.

Timetable

13 October 2002 NEC meeting: main terms of a new Assistant General Secretary's contract, these ground rules and this timetable, determined

18 October 2002 Appointment of the independent scrutineer

25 October 2002 Branch Circular giving the main terms of the Assistant General Secretary's contract, announcing the name of the independent scrutineer, giving the ground rules for the conduct of the election, and inviting branches to submit nominations on the prescribed form

8 November 2002 Coverage in the November 2002 issue of Stage Screen & Radio

23 January 2003 Closing date (12 noon) for receipt of nominations by head office, and of candidates' election addresses by the scrutineer (after nine weeks)

If balloting is required:

3 February 2003 Liaison begins with scrutineer over validity of nominations, artwork for ballot papers and election addresses

10 February 2003 Printing of ballot papers and election addresses, mailing address disks provided to the scrutineer

14 February 2003 Balloting opens

8 May 2003 Balloting closes at 12 noon (twelve weeks after ballot papers issued)

9 May 2003 Branch Circular with election result

The rule book and the law

Rule 39 contains little guidance on the mechanics of the Assistant General Secretaries' election other than to say that it should follow as nearly as may be that for the General Secretary under rule 38(b)-(h). The NEC has to determine a number of matters to ensure a fair and orderly procedure. In doing this, the NEC must remain consistent with the rules and abide by statutory requirements.

The relevant statutory provisions are in Chapter IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (as amended).

Candidates

Rule 38(b) says that candidates can be employees of BECTU, paid-up members of BECTU, or non-members of BECTU, and that no other persons are eligible. The NEC has adopted the following clarification:

employees of BECTU are those who, as on the date nominations are sought, are under a contract of employment with the union (including those on fixed-term contracts or on sick, annual, maternity or paternity leave);
paid-up members of BECTU are those who are so defined by rule 11(a), that is, excluding student, temporary, overseas, retired, life and honorary members whose rights are limited by rules 6(c)(i), 15(a), 15(b), 18(a), 19(b) and 20 respectively. Those whose membership is lodged are disentitled by rule 14(b) to the services and benefits of membership: the right to be a candidate in the Assistant General Secretary election is a benefit of membership, and thus lodged members are ineligible to be candidates;
non-members of BECTU are persons who are not subject to the rules of BECTU;
other persons are those excluded from eligibility to be a candidate as described above.

Candidates who are citizens of any European Union country, who have given their consent to being nominated, must be accepted if validly nominated.

The NEC sets one further criterion for candidates. In inviting nominations, the NEC is indicating the main terms of employment for the persons elected, which will generally be no less favourable than the terms applying to any existing employee who may be a candidate. (Those main terms are stated below.) The NEC is not contemplating a contract for any Assistant General Secretary who is self-employed, freelance, part-time or on a job-share basis. The contract it offers will provide that the Assistant General Secretary's contractual retirement date will be on his/her reaching his/her sixtieth birthday, and accordingly candidates should have an expectation of serving in office for a reasonable period before retirement. Branches are urged to take this into account when making nominations. The NEC agreed, at its meeting on 13 October 2002, the main terms of the new Assistant General Secretary's contract. Acceptance of those terms is a prior condition for all candidates nominated, and branches should ensure that any candidate they nominate is aware of this.

In the event of an existing employee standing unsuccessfully for election as Assistant General Secretary, that employee will remain an employee of the union.

Nominations

Nominations must be made by branches, and only by branches. The rules do not expressly state that a branch must hold a branch meeting or that a branch committee meeting must have been held in order to approve a nomination for Assistant General Secretary made in that branch's name. However, rule 28(a)(v) requires branches to convene meetings to consider the submission of candidates' nomination for election to the NEC. In statutory terms, the Assistant General Secretaries are members of the principal executive committee of the trade union, which is why election is mandatory in law. The same rule and rule 28(a)(vi) require branches to meet, consult and communicate with members in any ballot of interest or importance to them, and to deal properly and diligently with matters referred to them by the NEC. Nominations from branches must be in line with the Standing Orders or other procedures of the branch. Clearly it is desirable that the majority of members in a branch approve a nomination made in the branch's name; but unless evidence exists of a failure to observe the rules, or of significant disapproval among members of the branch where a branch or branch committee meeting has not been held, a nomination signed by the chair or secretary of a branch is likely to be accepted.

However, the NEC will accept only nominations that have been made on a prescribed form. That form will encourage the holding of branch or branch committee meetings by asking whether the nomination was made at any such meeting, and if not how and when the nomination was made. It will also provide for the candidate's written declaration, required by rule 38(b), that he/she consents to being nominated and that he/she agrees to undertake, if elected, the duties of Assistant General Secretary and will otherwise abide by the contract offered by the NEC. Provided at least one valid declaration by a candidate of consent to being nominated has been received, other nominations of that candidate need not contain a duplicate declaration. However, it is for the candidate to satisfy him- or herself that at least one valid declaration has in fact been received by head office.

Rule 38(b) states that a valid nomination requires the support of at least ten branches, or of branches representing at least 1000 members. A list of branches recognised by the NEC as in existence as at 30 September 2002 has been distributed. In the event of a branch subsequently being formed, divided, merged, wound-up or re-named, the NEC shall take into account the information available at the time to head office records and the representations made on behalf of the branch or branches concerned, before exercising its power if necessary under rule 27(b) to resolve cases of doubt.

Only branches with members in the Laboratories, London Production and Regional Production divisions are eligible to make nominations, and only members in those divisions are eligible to vote, in this election.

Election addresses

Candidates may submit an election address of not more than 600 words. Rule 38(c) says no more than this, other than that the address is to be issued with the ballot papers. The NEC is stipulating that the closing date for receipt of candidates' election addresses will be the same as the closing date for receipt of their nominations: statutorily it cannot be earlier. Candidates' election addresses must be sent direct to the independent scrutineer: they should not be sent to head office. It is for the candidate to satisfy him- or herself that the address has been received by the scrutineer. The scrutineer will liaise with the Administrative Officer of the union in relation to the validity of nominations, and the design, layout, typesetting and printing of the addresses with the ballot papers. The NEC is stipulating that addresses may contain "no more than 600 words" in the sense that photographs, graphics or anything other than the written word will not be accepted. Addresses which exceed 600 words will terminate with the 600th word.

The legal liability for the content of an election address rests solely with the candidate. Addresses will be typeset but not be edited.

Declarations of support for candidates

Only branches may nominate candidate. Neither the NEC, nor a divisional committee, subdivisional committee, or subcommittee, nor any other component body of the union (except branches), may make declarations of support for any candidate. The NEC believes such declarations would be divisive, and inconsistent with the decision given below to refuse campaigning assistance to all candidates.

It is lawful, and common practice, for the ballot papers to list the names of the branches nominating each candidate, and this will be done.

Campaigning assistance

On the grounds of cost and the need to devote resources and working time to the Objects of the union, the NEC has decided that no campaigning assistance is to be offered by the union, at any level (including branches) to any candidate in the form of material assistance (whether financial or in kind) in campaigning for election, including the provision of premises, facilities or the services of any persons. No candidate will have access to the pages of the union's journal or to its website for the purpose of campaigning for the election from the closing date for nominations until the close of the ballot.

Specifically, employees of BECTU are warned that (without prejudice to their right to be a candidate in this election of Assistant General Secretary) they may not, on pain of disciplinary action:

use or make available any of the union's premises, included rented, borrowed or utilised premises, to hold meetings the purpose of which includes supporting (directly or indirectly) any candidate in the election;
use or make available any of the union's facilities, such as equipment, materials, stationery, postage or membership lists, to support (directly or indirectly) any candidate in the election;
offer their services as an employee of the union, or during working time, or in ways affected by their position in the union, to support (directly or indirectly) any candidate in the election;
take part in, other than as a candidate, any meeting organised by any component body of the union to support (directly or indirectly) any candidate.

Rule 38(d) permits branches to invite candidates to address meetings, provided all candidates in that election are invited. A refusal by a candidate to attend does not preclude other candidates from being heard. Candidates are not entitled to receive travel and other expenses from the union in connection with such meetings.

Voting where a ballot is required

The union will provide the independent scrutineer with computer disks containing the names and last-notified postal addresses of members eligible to vote, according to the respective divisional grouping. Rule 38(e) expressly gives entitlement to vote in the ballots to members "who are paid-up in accordance with the rules". Student, temporary, overseas, retired, life and honorary members (other than honorary members who remain full members), and those whose membership is lodged, are not entitled to vote by virtue of the limitations in rules 6, 14, 15, 18, 19 and 20. Exclusion of such defined classes of members is lawful. Members joining the union after the opening of balloting will be afforded an opportunity to vote so far as reasonably practicable.

The rules do not provide for any system of single transferable voting in determining the outcome of balloting. In accordance with statute the result is to be determined solely by counting the number of votes cast for each candidate. In the absence of other provisions in the rules, this means "first past the post" in the election.

Uncontested elections

If the election is uncontested, the elected Assistant General Secretary will take office on the date the independent scrutineer reports that fact. If the election is contested, the Assistant General Secretary will take office on the date the result of the election is reported by the independent scrutineer.

The independent scrutineer

Rule 38(d) says that the independent scrutineer for ballots shall be "the Electoral Reform Society or some other independent body of scrutineers". Though it is established practice for BECTU to use Electoral Reform Ballot Services as a scrutineer in election ballots, the statute requires the identity of the scrutineer to be announced to the electorate before their duties commence. An independent scrutineer's report is required by law even if an election is uncontested. The NEC confirms that Electoral Reform Ballot Services Ltd, Independence House, 33 Clarendon Road, London N8 0NW, will be the appointed independent scrutineer in this election for Assistant General Secretary. This fact will also be stated to members in the union's journal.

Main contractual terms

Any branch making a nomination must bring to the attention of the candidate the main terms of the contract offered by the National Executive Committee in the event of that candidate's election as an Assistant General Secretary. These are as follows:

Parties

The parties to the contract will be (a) the person duly elected in accordance with statute, the rules of BECTU and the directions of the National Executive Committee, and (b) the Broadcasting Entertainment Cinematograph and Theatre Union, whose general management and administration are vested in the National Executive Committee (NEC).

Starting date

The common starting date of the contract for the Assistant General Secretary shall be (a) the date on which the independent scrutineer reports the election result, or (b) the date on which the independent scrutineer reports that an election is uncontested, or (c) any subsequent date as may be necessary through the requirement of the elected candidate to give notice to a current employer, provided that in the event of an existing employee of BECTU being elected, all previous employment with BECTU and/or its predecessor unions will count toward the period of continuous employment.

Job title

The job title is Assistant General Secretary, and all references to the Assistant General Secretaries in the rules of BECTU include a reference to this post. The post is based at BECTU's head office. The National Executive Committee shall, with due regard to their equal status, determine the duties of both Assistant General Secretaries.

Length of office

Subject to any overriding statutory provision, the elected person shall hold office for not more than five years without re-election, or until death, removal or departure from office, or on reaching his/her sixtieth birthday. In the event of an existing employee standing unsuccessfully for election as Assistant General Secretary, that employee will remain an employee of the union.

Salary

The commencing salary for the post of Assistant General Secretary will be £40,620 per annum, subject to periodic review in relation to the review of the salaries of other employees of BECTU through negotiation between representatives of the NEC and of the trade union shops representing employees of BECTU. The salary is paid monthly, by credit transfer to a nominated bank or building society account.

Hours of work

Each Assistant General Secretary is required to devote such of his/her time to his/her duties as will reasonably ensure the performance of all his/her office to the satisfaction of the NEC and advance the interests of the union. Due regard will be given to the normal working hours of BECTU's staff. Subject to this, work on a public holiday or on a Saturday or Sunday will incur entitlement to time off in lieu.

Holiday entitlement

The Assistant General Secretaries are entitled to the same amount of annual leave as other full-time officials of BECTU, currently 31 days per annum.

Sickness or injury absence

The Assistant General Secretaries are entitled to occupational sick leave and pay at least as favourable as those granted to other full-time officials of BECTU.

Pension

The Assistant General Secretaries are eligible for membership of a contracted-out pension scheme, details of which will be made available after assuming office.

Notice

The Assistant General Secretaries are entitled to receive at least six months' notice of termination of employment, and are required to give at least twelve weeks' notice.

Discipline, appeals and grievances

The Assistant General Secretaries act for BECTU under the direction of the National Executive Committee. Either or both may be removed from office by resolution of a quorate meeting of that Committee carried by not less than two-thirds of its members present and voting, but each has a right of appeal against removal to the annual conference or a special conference. An Assistant General Secretary may take any grievance concerning his/her employment to the President, or in his/her absence the Vice President of the union, who will communicate as required with the National Executive Committee.