NEC and President nominations
BECTU Branches are invited to nominate candidates for the NEC and President elections.
The election for the 2002-2004 term for the BECTU NEC (National Executive Committee) will, for the first time, have a separate election for the union's President as a result of the decision of the Employment Appeal Tribunal in April last year.
Until now the President has been elected by and from the newly elected NEC. But following the ruling by the Employment Appeal Tribunal that this was incompatible with the law, BECTU changed its Rules at its 2001 Annual Conference.
Nominations must be made by BECTU Branches, and the closing date for receipt of all nominations is 1200 on Monday 4 March 2002.
The election of President and of Divisional representatives to the NEC will take place simultaneously, except that the votes for President will be counted first.
The results of ballots will be embargoed until the close of the union's Annual and Rules Revision Conference in Manchester on 19 May 2002.
The rules covering the elections are outlined below.
Requirements of the rules on Branches making nominations
Any BECTU Branch in any Division may nominate a candidate for election as President. A Branch must have members in the Division for which it is nominating a candidate for election as a Divisional representative [rule 33(h)(i)]. Branches must duly convene a meeting of Branch members to consider the submission of nominations [rule 28(a)(v)].
However, if after due notice of such a meeting has been issued to members a quorum cannot be obtained, the Branch committee may submit a nomination in the name of the Branch, provided a report of the inquorate meeting accompanies the nomination [rule 33(h)(i)]. All reasonable effort should be made by the Branch committee to ensure that the nomination has the support of the Branch as a whole.
Requirements of the rules on candidates
All nominated candidates must not have more that eight weeks of subscription arrears [rule 11(b)]. Candidates nominated as Divisional representatives must be a member of the Division which he/she would represent if elected [rule 33(e)]. In cases of doubt over a member's Division, the NEC has authority to allocate the member to the appropriate Division [rule 31(a)].
No candidate may be elected to more than one place on the NEC. Where a candidate has been nominated both for election as President and for election as a Divisional representative, he/she shall not, if elected as President, be elected to any other position on the NEC, and the person with the next highest number of votes in the Divisional election shall be elected [rule 33(h)(iv)].
Branches are urged to give particular consideration to nominating women, black and disabled members.
Candidates must give their written consent to being nominated [rule 33(e)].
Composition and tenure of office of the NEC
The President and each member elected to the NEC is eligible to hold office for a period of two years [rule 33(f)], unless he/she ceases to be a member or (in the case of Divisional representatives) transfers to a Division other than the one he/she was elected to represent, in which case he/she must resign from the NEC [rule 33(e)].
Divisional representatives
For the 2002-2004 term of office, the NEC will consist of representatives from the following Divisions, on the basis of one representative for each two thousand members or part thereof in each Division [rule 33(b)] - the number of NEC places for each Division is therefore:- Arts & Entertainment 3
- BBC 4
- Independent Broadcasting 2
- Laboratories 1
- London Production 4
- Regional Production 2
Persons ineligible to be elected President or members of the NEC
The rules prevent the following being elected: employees of BECTU [rule 33(d)]; members of the Disciplinary Committee [rule 25(c)]; members of the Standing Orders Committee [rule 42(a)]; Trustees of the union [rule 3(b)]; members more than eight weeks in arrears with their subscriptions [rule 33(e)]; those whose membership is lodged [rule 14(b)]; student members [rule 6(c)(i)]; temporary members [rule 15(a)]; overseas members [rule 15(b)]; retired members [rule 18(b)]; honorary members other than those who remain full members of the union [rule 20].
Election addresses
Each candidate is entitled to submit a written election address of not more that 600 words [rule 33(h)(ii)]. Legal liability for the content of an election address rests solely with the candidate concerned.
Election addresses must be received by my office no later than the closing date of 1200 on Monday 4 March 2002 [rule 33(h)(ii)]. It is for candidates to ensure that their election address has been received in time.
Multiple nominations
The rules do not place a limit on the number of nominations a Branch may make. The same member may be nominated for election as President and as a Divisional representative, but will not be elected to both positions. Where a candidate is nominated to the same position by more than one Branch, only one completed declaration by the candidate that he/she accepts nomination is necessary. However, it for the candidate to satisfy him or herself that at least one valid declaration has in fact been received by my office.
Closing date
Nominating Branches and candidates must note that the closing date and time for receipt of completed nomination forms and any election addresses is 1200 on Monday 4 March 2002. Nominations or addresses received after that time will be invalid. Where any candidate or Branch officer responsible for making a nomination has a disability which makes it unreasonable for this requirement to be met (e.g. where documentation other than in written form is required), other arrangements will be made by my office, provided sufficient advance notice is given. Those other arrangements will not, however, alter the closing date and time.
Ballots (where necessary)
Where there is more than one nomination as President a fully postal ballot of all paid-up members will be held. Where the number of nominations exceeds the number of NEC places available for any Division, a fully postal ballot of paid-up members in that Division will also be held.
Only paid-up members are entitled to vote [rule 11(b)]. 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 rule 6, 14, 15, 18, 19 and 20.
The relevant number of successful candidates will be elected according to the highest number of votes cast. Ballot papers will be sent to the last address notified by each member to the union as the address he/she wishes the union to treat as his/her postal address. If any member is in doubt as to whether the head office membership records department has his/her full and correct postal address, the member must be advised to contact that department without delay.
Where ballots are required to be held for President and in any Divisions, they will open in the week commencing Monday 18 March 2002 and close on Tuesday 30 April 2002 [rule 33(h)(iii)].
The results will be embargoed until the close of the annual and rules revision conference of the union on Sunday 19 May 2002, and published verbatim to Branches as soon as practicable thereafter [rule 33(h)(v)].
The President and members of the NEC elected for the 2002-2004 term will assume office at the NEC meeting scheduled for 26 May 2002.
Independent scrutineer
The Trade Union and Labour Relations (Consolidation) Act 1992 governs the election of the principal executive committee of a trade union. It requires that elections shall be fully postal and secret, and overseen by an independent scrutineer. The rules of the union state that "The ballot papers for the elections shall be prepared and issued by the Electoral Reform Society, or some other independent body" [rule 33(h)(iii)].
Though it is established practice for BECTU to use Electoral Reform Services Ltd as a scrutineer in ballots, the law 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 where an election is uncontested in any Division. The NEC confirms that
Electoral Reform Services Ltd
Independence House
33 Clarendon Road
London N8 0NW
will be the appointed independent scrutineer in the election of President and NEC members for the 2002-2004 term of office.
Full details
Full details of the elections are given in BECTU Branch Circular 621/2002 which should be used by Branches for nominations.