1.1 The name of union shall be the “R & C Trade Union” ( RCTU ).
2.0 Aims and Objectives
2.1 To protect and promote the interests, terms and conditions, professionalism and effectiveness of members working in Her Majesty’s Revenue and Customs (HMRC) and the Valuation Office Agency VOA.
2.2 To regulate employee relations between RCTU members and their employer (HMRC) through collective bargaining and/or personal representation.
2.3 To advance equality for all by ensuring all our actions and work support and advance the celebration of the diversity of the United Kingdom for the benefit of all regardless of sex, race, ethnic or national origin, religion, colour, class, caring responsibilities, marital status, sexuality, disability, age or other status or personal characteristic.
2.4 To support and enhance the notion of society both collectively and cohesively based on a firm remit of a productive and efficient Public Service via ownership by the Public for the Public.
2.5 These aims and objectives will be pursued and practised independently of any and all political affiliation, connection or otherwise with any and all political parties , grouping or factions
3.1 The management and control of the RCTU is vested in The National Executive Committee (NEC). The NEC shall conduct itself in accordance with the Rules of the RCTU.
3.2 The NEC will consist of the President, Deputy President and 16 ordinary members and any Senior Full Time Officers as required or directed.
3.3 The President, Deputy President and the 16 ordinary members will be elected by a ballot of the whole membership of the RCTU.
4.0 Full Time Senior Officers
4.1 The Full Time Senior Officers (FTSOs) will consist of the General Secretary and Deputy General Secretary.
4.2 The FTSOs are the senior negotiating officers of the RCTU. They are required and bound by the rules pertaining to negotiator posts (Appendix 4) and are required to report to the NEC.
4.3 They are required to ensure the RCTU operates effectively, efficiently and in accordance with the rules of the RCTU.
4.4 They will attend any meeting of the RCTU as required with concurrent rights as required.
4.5 They will be elected for a term of five years by a general ballot of the all of the membership of the RCTU and their terms and conditions of employment will be set by the NEC.
4.6 They make take any actions required to ensure the good governance of the RCTU as required in pursuant of these rules and as they see fit with the agreement of the Trustees or the NEC.
5.1 The RCTU will be organised on a regional basis . The regions are:
5.2 HMRC Offices will be allocated to a region by the NEC
5.3 Elections and conduct of Regional Committees is as per Appendix 3.
5.4 The NEC may consider requests for Branches within regions.
6.0 Trustee Board
6.1 The Trustees are responsible for the financial affairs of the RCTU and shall ensure that any money spent is in accordance with the aim and objectives of the RCTU.
6.2 The Trustee Board shall comprise of 4 members of the RCTU who are not members of the members of the National Executive Committee and the President and Deputy President of the RCTU. They will be appointed by the NEC.
6.3 The role of the Trustees shall be to:
(a) Ensure that the RCTU finances operate efficiently and effectively;
(b) Prepare the RCTU Annual Report detailing activities, finances and other information which is required under current legislation.
6.4 Trustee meetings shall meet not less than three times a year. Additional meetings may be called at the discretion of the President.
6.5 Trustee meetings shall only proceed if a quorum of at least fifty per cent of the Trustees is present throughout. Minutes of all meetings shall be kept.
6.6 Any member of the Trustee Board who fails to attend two consecutive meetings, without tendering apologies to the President or fails to provide satisfactory reasons for their absence, shall be considered to have resigned.
7.1 A person employed in HMRC in any grade of Administrative Assistant through to Grade 6 inclusive is eligible to be a member of the RCTU.
7.2 A person will apply in writing to join to the RCTU completing all the relevant sections of the application. Failure to complete the relevant sections may invalidate the application.
7.3 All members shall upon application, agree to join RCTU and observe all the rules of the RCTU.
7.4 All members shall upon application, authorise the deduction of the relevant subscription by direct debit each month of an amount which may be fixed from time to time by the NEC.
7.5 Any person failing to continue their financial subscription, shall cease to be a member of the RCTU. RCTU members shall agree to give one month notice of cancellation of their subscription.
7.6 The NEC reserves the right to refuse any person from being a member of the RCTU should they believe that the person is/may not be acting in the best interests of the membership or is/may contravene any section of these rules.
7.7 Any member who has retired , resigned or been made redundant from their employment with HMRC or is full time employee of the RCTU may apply for associate membership.
7.8 Applications for Associate membership will conform to Principal Rules 7.2 to 7.6 inclusive.
7.9 Associate membership will cease when a person qualifies for ordinary membership again.
7.10 An Associate member cannot vote or hold an office as per these rules in the RCTU unless it conflicts with their employment by the RCTU and the contractual duties of that employment.
7.11 Life Membership can be conferred at the decision of the NEC and can be proposed by regions or the NEC.
Resignation of Membership
7.12 A member is required in normal circumstances to give at least 4 weeks notice of their intention to resign their membership
7.13 Other rules on membership in these rules will apply .
7.14 The NEC has ability to terminate membership where any part of these rules are found to be contravened by a person or persons.
8.1 Subscription rates are set annually by the NEC and must be published to members at least one month before being changed.
8.2 Members are required to ensure their stated income declaration is correct at all times as failure to do so will invalidate their membership.
8.3 Arrears of subscriptions of more than two months will be notified to the member by RCTU . Failure to pay all the arrears in full within 14 days of notice being issued will terminate membership.
9.0 National Executive Committee
9.1 In addition to section 3 of these rules section 10 applies to the NEC.
9.2 The senior officers and ordinary members of the NEC will be elected bi-annually by a ballot of the whole membership.
9.3 The NEC has the power to:
(a) Make, vary, suspend or rescind rules governing the conduct of the business of the RCTU where applicable and pursuant to their duties.
(b) Fill any casual vacancy.
(c) Require the attendance at its meetings of any Full-time Officer, member of staff, or member of the Union, to provide factual information or technical or professional advice.
(d) Appoint such subsidiary NEC Committees as required.
(e) Engage Full-time Officers, determine their pay and terms and conditions of employment, and enter into any agreement with them it considers appropriate.
(f) Undertake any actions it considers necessary for the good conduct and running of the RCTU regardless of whether those actions are stated implicitly or implied in these rules but only where consistent with section 2 of these rules.
9.4 All members of the NEC may speak and vote where required
9.5 All ordinary members of the NEC are negotiating officers .
9.6 The NEC may set up such advisory committees and /or local or business Trade Union committees ( BTUS / LTUS ) as it sees fit.
10.1 The President shall preside at all NEC meetings and take such action as required for the good governance of the NEC. A decision of the President shall be complied with immediately
10.2 The President may attend any meeting of members to consider Union business and take such action as required for the governance of the meeting and RCTU as required.
10.3 In the President's absence the Deputy President shall act with the authority of the President.
10.4 The President and Deputy President will be the Chair and Secretary of the Trustee Board.
11.1 The RCTU, acting through the Trustee Board, shall be empowered, in pursuit of its Aims and Objectives, to open bank accounts, lend monies, invest monies, borrow monies and do all other things as are necessary for the prudent conduct of its financial affairs and in the interests of its members. The Trustee Board, in exercising these rights, shall be subject to no other restrictions except those contained within these rules.
11.2 A copy of the RCTU budget and audited accounts shall be produced annually for inspection. The financial year of the RCTU shall be from January to December.
11.3 All property of the RCTU will be vested in the names of the Trustees in accordance with s12 of the Trade Union and Labour Relations (Consolidation) Act 1992. (TULRCA)
11.4 The RCTU may, in the name of the Trustees, purchase, take or lease or otherwise acquire any land and buildings on behalf of the RCTU.
11.5 The Trustees shall not in any way sell, transfer or otherwise deal with, property of the union or part with any document relating thereto except under the direction of the NEC, evidenced by a minute or clear written instruction to that effect, a copy of which, signed by the shall be supplied to each of the Trustees.
11.6 The Trustees shall carry out all lawful directions of the NEC and shall sign all documents and do all acts and things which may be necessary to carry out those directions.
11.7 The NEC shall ensure that the Union's finances are conducted in accordance with the Union's Rules and any direction given or decision made under them. The Union's finances shall be managed by the General Secretary, subject to the direction of the NEC.
11.8 The NEC may authorise the payment of any monies required to carry on the Union's affairs. There shall be a General Fund which shall be credited with all subscriptions and is intended to be used for the general purposes of the Union, and debited with all associated expenses. The Fund may be used for any purpose that the NEC considers to be appropriate with these rules, except for any purpose which may only be supported by spending from the Political Fund.
11.9 Cheques or other payments drawn on the Union's bank account shall require 2 signatories, who shall be determined by the NEC. No person may act as both first and second signatory in respect of the same payment.
11.10 The union shall have a Political Fund subject to members of the union having passed a political resolution.
11.11 The auditors of the Union's accounts shall be chartered accountants appointed by the NEC.
12.1 Every NEC member, or person(s) approved to make decisions on behalf of the RCTU , shall be entitled to be indemnified out of the assets of the RCTU against all losses or liability which they may incur in the execution of their office or otherwise in relation thereto. No NEC member or persons as above shall be liable for any loss, damage, or misfortune which may happen to, or be incurred by, the RCTU in the execution of their duties.
12.2 The indemnity in clause 12.1 shall not extend to liability for the consequences of any negligent or unlawful act.
13.1 All members are bound by the Union's Rules. A copy shall be supplied to any member free of charge on application to the RCTU office.
13.2 The President or the NEC shall determine any question as to the interpretation of the Union's Rules including any question as to whether or not the Rules are silent.
13.3 These Rules cannot be changed unless a mtoion for change has been passed by a two-thirds majority of the Annual Delegates Meeting and the motion is approved by two-thirds of the NEC.
Appendix 1 : Disciplinary Rules
A1.1 A written complaint is required to be received from an individual member or the NEC to the General Secretary where it is proposed than an individual , or group of individuals, have prejudiced the RCTU and/or are in breach of these rules.
A1.2 The General Secretary will consider whether there is enough evidence to suggest that a formal Disciplinary Investigation should be undertaken. Where it is considered that the actions are prejudicial or contravene the Rules of the RCTU then a disciplinary panel will convened.
A1.3 The Disciplinary Panel will :
Consist of 3 members of the RCTU
Appoint an Investigating Officer(s)
Receive a report from the Investigating Officer(s)
Convene a hearing where the report and evidence will heard along with witnesses
Report to the NEC on the outcome of their findings
A1.4 The NEC will :
Consider the Disciplinary Panel report
Decide on what action to take
Issue their decision within 7 days
A1.5 An appeal may be submitted to the General Secretary within 14 days of the notification of the decision. The General Secretary will consider the appeal and make a final non-appealable decision.
Appendix 2: Annual Delegates Meeting
A2.1 There shall be an Annual Delegates Meeting ( ADM ) of the RCTU.
A2.2 Each Region and Branch may send up to TWO delegates to the ADM.
A2.3 The Standing Orders will be proposed for the FIRST ADM by the NEC and issued to all members within SIXTEEN weeks of the date of the ADM .They will be the first order of business at the ADM and once agreed will be included in this Appendix.
Appendix 3: Regional / Branch draft constitution
This appendix will be supplied as required at the discretion of the NEC and published when applicable.
Appendix 4: R & C Trade Union National Negotiators Responsibilities
A4.1 National Negotiators will be allocated portfolios by the General Secretary and Deputy General Secretary after each relevant election to a post that holds such a responsibility.
A4.2 The National Negotiators MUST :
Engage , meet and negotiate with senior managers in each section of their portfolio.
Issue reports to both members and the NEC each month on their actions.
Issue communications to members as required in addition to the last bullet point
Support Regions / Branches as required for the sections of their portfolio.
Constitute , with NEC approval , such BTUS / LTUS arrangements as necessary for the sections of their portfolio.
A4.3 Failure to comply with the above requirement without a reasonable excuse may lead to the removal of Facility Time and or responsibilities following a decision of the RCTU Secretariat or NEC. In cases where detriment is caused to the RCTU or RCTU members by the non-action(s) of a national negotiator then removal from the post will be considered.
Appendix 5 : Ballots
A5.1 Membership Ballots shall be held either at the discretion of the NEC or where so agreed by an Annual delegates Conference. The y will be conducted on the following principals:
Each member will be given an equal opportunity to vote
Each member’s vote is not conditional on attendance at a meeting
Each member’s vote is secret
Each member will be balloted individually and not required to use any form of “workplace ballot” to have their vote recorded.
All members are eligible to vote
A5.2 Ballots will be divided into three sections:
A5.3 Election ballots require no minimum percentage of participation to be recognised and acted upon .
A5.4 Consultative ballots require 30% of membership participation to be recognised and acted upon.
A5.5 Industrial Action ballots require 50% of membership participation to be recognised and acted upon.