Conference Rules OK

The first full Unite Rules Conference is imminent. The cynical might ask "Who knows and who cares". Following the abysmal level of voting at the recent Executive Council elections it would be easy to be despondent, or worse, reconciled to the lack of involvement of the membership.

A small fraction of our membership will be aware that the Rules Conference is happening, and a fraction of that fraction will have access to the agenda or any knowledge of its content.

Nevertheless 189 proposed rule changes are on the agenda: each of which could affect members' rights and responsibilities.

I have previously taken issue with the words attributed to a now-departed senior official
"The majority of our members are not interested in process, in committees and in standing orders"
a self evidently true observation - but one which can lead to contempt for our democracy and undermine the principles on which workers organise.

Much better to return to the joint statement made during the merger negotiations in 2006 -
"lay member democracy will be the foundation of the new union, with the members themselves having the decisive say on all matters that affect them"
- and use the Rules Conference to move towards that ideal, building on the basis created by the Rules Commission and endorsed by the members.



Where are we now?

Trade Union rules draw their strength and legitimacy from being shaped over the years, by the members of a diversity of unions, in response to particular problems faced by particular groups of workers.
That process was, and is, subject to interruption; most significantly from legislative intervention, but also in accommodating mergers and amalgamations, made in response to, but too often in lag of, changes in capitalist organisation.

Bringing two [or more] Rule Books together is not an easy task.
Our Rules Commission did a good job, but they must have found, like their predecessors,that we all cling to the familiar, and the harsh reality that -

"There are nine and sixty ways of constructing tribal lays,"And every single one of them is right!"

was always on the table.

Add to that, a pressing timetable, the impenetrability of antique language and syntax [especially where the lawyers have got at it], and the understandable urge to return to the everyday task of defending the members, and what emerges is necessarily a compromise.
Bargains are struck, explicit or implicit. The seemingly insignificant is discarded, the immediately irreconcilable is consigned to the Executive, and a useable document presented to the members.

What needs changing?
There are 188 other answers to that, but I'll concentrate on the one I know about, the 0349 Branch proposal for a new Rule 12, & hope to comment on some of the others before Rules Conference starts.

Throughout history different unions have adopted different mixtures of direct and representative democracy to ensure that control remains in the hands of the members.
At workplace level proposed bargains with the boss have to be taken back to the members: and employers know that they might be facing a new set of stewards the next time they meet.
Outside of that- a common - and I would argue the best pattern yet devised - are variations of structures with the key elements of -
A periodic, usually annual, large representative assembly, congress or conference, which determines rules and policy and holds to account - a smaller executive body - given custodianship of rules policy and finances between conferences - and empowered to run the union until the next Conference - directing a General Secretary in charge of all employees.
Much of that is extant in the present Rule Book but in a diluted, scattered and elusive way.
For example the previous Amicus Rule 23 declared
"The Policy Conference shall be the supreme policy making body of the Union and its decisions shall be binding on the National Executive Council----"
That unequivocal statement does not feature in the current Unite Rules but could, perhaps, be deduced from this - embedded in the powers allocated to the Executive.
14.9.8 Decide questions of policy which may arise between Policy Conferences and
which have not been decided by a previous decision of such a conference.
I am sure that ex T&G members could dig out examples of what may be accidental dilution.
The proposed new rule 12, from 0349 Branch would entrench our common ideal of "a democratic union controlled by the members, within a culture of lay delegative structures."
It seeks to - simplify our structures [one Conference not two]
- preserve Industrial Sector policy autonomy
- spell out Conference sovereignty & remove unecessary restrictions on what Conference may deal with
- make explicit the requirement for an Executive Council report to Conference.

Here is the proposal in full

"This Rules Conference agrees to delete current rules 12 and 13 and substitute the following new rule 12: and consequentially to substitute "Governing Conference" for both "Policy Conference" and "Rules Conference" throughout the rules of the union.
RULE 12. GOVERNING CONFERENCE
12.1 There shall be a Governing Conference, held every two years, consisting so far as is reasonably practicable of one lay delegate for each two thousand members of the Union. The first Governing Conference shall be convened not later than July 2013 . Only elected lay delegates shall have the right to vote. No member shall be a lay delegate if they are currently employed by the Union.
12.2 The Governing Conference shall have complete control over the policy, the financial affairs and the conduct and management of the Union (except Membership Discipline [Rule27] or Industrial Sector policies [Rule 12.3]). A report shall be submitted to each meeting of the Governing Conference by the Executive Council on its stewardship of the policies, finances and objectives of the Union.
12.3 The Governing Conference shall not deal with matters which are concerned solely with the Union's policy within an Industrial Sector.
12.4 The Executive Council shall determine the number of motions which may be submitted by the Branch; regional; industrial and equalities structures, and from the Executive Council itself.
12.5 Motions to suspend, add to or amend the Rules may be submitted, by the bodies specified in Rule 12.4, to alternate meetings of the Governing Conference (that is, every fourth year, starting in 2015).
12.6 Motions concerning the policy, the financial affairs and the conduct and management of the Union may be submitted to any meeting of the Governing Conference.
12.7 The NEC may also submit to any Governing Conference motions to add to, amend or suspend Rules, as instructed by or arising from a decision of a previous Governing Conference, to meet any changes in law,to ratify any amendment made in exercise of its powers under Rule12.8, or in order to progress integration of the Union.
12.8 If in the opinion of the Executive Council there is an urgent need to amend the rules between Governing Conferences, the Executive Council may amend the rules by a resolution supported by not less than 75% of its members, provided that amendment shall cease to have effect at the end of the next Governing Conference unless it has been ratified by a resolution of that conference.
12.9 Any motion may be approved by a simple majority of those voting.
12.10 The Executive Council shall determine the procedure for nomination, qualification and election of delegates and the constituencies from which they shall be elected.
12.11 The Executive Council shall be in attendance at any Governing Conference, and its members may speak upon but may not vote on any subject.
12.12 Each delegate shall hold office until the next Governing Conference.
12.13 The Governing Conference shall be chaired by the Chair of the Executive Council.
12.14 The Governing Conference may be recalled by the Executive Council in an emergency. It shall deal only with the business for which it is summoned.
12.15 The Executive Council shall draft the standing orders for the Governing Conference. A Standing Orders Committee shall be constituted on the basis of one delegate from each Region, to be elected from among the delegates from each Region under a procedure to be agreed by the Executive Council. No member of the Executive Council shall be eligible to serve on the Standing Orders Committee. The Chair of conference may attend the meetings of the Committee."