Rules 2002

Rule 23
Appeals Tribunal

(a) There shall be an Appeals Tribunal to act as a final court of appeal on complaints against members under these rules and to arbitrate in disputes between members and the Electoral Presiding Officer over the issuing of ballot papers and the conduct of elections

(b) The Appeals Tribunal shall also hear appeals from complainants who believe that the penalty on the person or persons complained against is too lenient. The Appeals Tribunal shall be empowered to vary the penalty and also to impose a fine on such an appellant if it considers the appeal to have been made vexatiously or frivolously.

(c) Meetings of the tribunal shall be convened when there are appeals to be heard or for any other reason deemed necessary by three or more members of the tribunal; the tribunal may vary the penalty recommended by the NEC as long as it conforms to the penalties listed in the rules.

(d) The tribunal shall base its consideration of each appeal on the specifics or procedures of the original complaint to the NEC or the Ethics Council. New evidence, which may be introduced, must not extend the basis of the original complaint.

(e) The tribunal may require the attendance of an NEC member or of an official nominated by the NEC, as an adviser, but not an assessor, on the rules of the union or on interpretations of these rules made under the NEC powers accorded in these rules.

(f) The constitution of the tribunal shall be based on Appendix C to these rules, and shall not be open to interpretation by the NEC.

(g) The Appeals Tribunal shall consist of nine members, none of whom shall be a member of the NEC, nominated by branches (with the consent of the nominee) and elected by a ballot vote of delegates taken at each ADM. Nominations for the Appeals Tribunal shall be sent to Head Office by the closing date for nominations announced by the General Secretary at the last ADM and, if valid, shall be published on the agenda for the meeting.

(h) No member shall be eligible to be nominated for service on the Appeals Tribunal if he/she has had less than five years membership of the union, or if his/her membership has been blemished by any disciplinary measure recorded at Head Office. A candidate who solicits support for his/her nomination shall be disqualified.

(j) The Tribunal shall meet two weeks before the last date for receipt of election ballots to hear election disputes and issue its findings, which shall be binding.