Rules 2002
Rule 21
Employment disputes
(a) The NEC,
and in the Republic or Ireland the Irish Executive Council,
shall have the power to order any member or members to withdraw
from their employment, save that the General Secretary –
or, in his/her absence his/her deputy – shall have
the power to authorise or instruct any member or members
to withdraw from their employment, provided that the decision
is submitted for approval by the NEC, the NEC Emergency
Committee or the IEC, as appropriate, which shall meet and
consider the decision within 72 hours of the authorisation
or instruction.
(b) No withdrawal
from employment of a majority of the members of the union
shall be sanctioned by the NEC unless a ballot of the whole
of the members shows a straight majority of those voting
in favour of such action.
(c) The NEC,
at its discretion, shall have the power to make dispute
payments from a fund set up for that purpose to any member
– or any person who has applied for membership –
who has withdrawn from their employment as instructed under
this rule. The NEC shall have the power to determine the
amount of such payments and any conditions under which those
payments are made. A member receiving dispute pay shall
not receive union unemployment benefit at the same time,
but the receipt of dispute pay shall not otherwise affect
his/her title to unemployment benefit.
(d) Notwithstanding
any other provision in the rules, the following will apply
in the Republic of Ireland:
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(i) The
union shall not organise, participate in, sanction or
support a strike or other industrial action without
a secret ballot of those whom it is reasonable for the
union to believe will be called upon to engage in the
strike or other industrial action.
(ii) The union shall take reasonable steps to ensure
that every member entitled to vote in the ballot votes
without interference from or constraint imposed by,
the union or any of its members, officials or employees
and, so far as is reasonably possible, that such members
shall be given a fair opportunity of voting.
(iii) The NEC and/or the IEC shall have full discretion
in relation to organising, participating in, sanctioning
or supporting a strike or other industrial action notwithstanding
that the majority of those voting in the ballot, including
the aggregate ballot referred to in paragraph (iv),
favour such strike or other industrial action.
(iv) The NEC and/or the IEC shall not organise, participate
in, sanction or support a strike or other industrial
action against the wishes of a majority of its members
voting in a secret ballot, except where, in the case
of ballots by more than one trade union, an aggregate
majority of all the votes cast, favours such strike
or other industrial action.
(v) Where the outcome of a secret ballot conducted by
the union, or, in the case of ballots by the NUJ and
one or more other affiliates of the Irish Congress of
Trade Unions, an aggregate majority of all the votes
cast, is in favour of supporting a strike organised
by another trade union, a decision to take such supportive
action shall not be implemented unless the action has
been sanctioned by the Irish Congress of Trade Unions.
(vi) As soon as practicable after the conduct of a secret
ballot the union shall take reasonable steps to make
known to members entitled to vote in the ballot:
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(a)
the number of ballot papers issued;
(b) the number of votes cast;
(c) the number of votes in favour of the proposal;
(d) the number of votes against the proposal;
and
(e) the number of spoilt votes. |
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(e)
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(i) There
shall be a special fund, known as the Fighting Fund.
(ii) All benefits paid to members in the course of employment
disputes shall be paid from the Fighting Fund.
(iii) All monies paid into the Fighting Fund under these
rules, together with existing balances, shall be held
in an account which is separate and distinct from all
other union bank accounts;
(iv) monies in the Fighting Fund account shall be used
only to finance strikes and other industrial disputes.
(v) The investment of monies in the Fighting Fund shall
be at the discretion of the NEC and in the names of
the union’s trustees.
(vi) The income from the investment of the Fund’s
monies shall become part of the Fighting Fund.
(vii) The NEC shall be provided with a report on the
state of the Fighting Fund at each meeting. |
(f) The NEC
shall authorise such payments as it deems necessary to any
member who claims that he/she has been victimised for:
(i) being a member of the union;
(ii) being an officer of the union;
(iii) defending a professional or union interest;
(iv) resisting the imposition of unjust conditions;
(v) refusing to perform work which is incompatible with
the honour and interests of the profession.
After any such claim, which should be made in writing to
the member’s branch committee, has been investigated
by the NEC either by itself or by a complaints committee
appointed for the purpose, the decision of the NEC shall
be sent by recorded delivery post to the parties to the
case at their last known address and also to the branch
secretary. The parties have a right of appeal to the Appeals
Tribunal on giving notice to the General Secretary not later
than 28 days from the date that the decision was posted.
(g) A member
who is instructed by his/her employer or his/her employer’s
representative or agent to accept conditions or to do any
act detrimental to the union’s interests or to perform
work which he/she regards as incompatible with professional
honour shall consult the father/mother or clerk of his/her
chapel, or failing them, the branch secretary or other officer.
If he/she is advised to refuse, he/she shall refuse.
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