Rule 4

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Council of Executives and General and Shipping & Offshore Grades Committees

NATIONAL EXECUTIVE COMMITTEE
1. For the general administration of the Union’s business and for its government during the intervals between Annual General Meetings, there shall be a National Executive Committee (NEC) consisting of the President, the General Secretary, the Assistant General Secretaries, the National Secretary and 16 Representatives from the General and Shipping & Offshore Grades. The 16 Representatives being made up of 12 General Grades elected in accordance with the provisions of Rule 13, Clauses 30 to 40, and 4 Maritime Grades elected in accordance with the provisions of Rule 13, Clauses 67 to 84 as may be applicable.

President
2. The President of the Union shall preside over meetings of the National Executive Committee which shall be convened by the General Secretary. The President, the General Secretary, and the Assistant General Secretaries shall have the right to speak but not to vote at National Executive Committee meetings. The National Secretary shall have the right to speak on matters confined to Maritime issues, but shall not be entitled to vote.

3. In the absence of the President the meeting shall elect one of its members to chair the meeting. The member so elected shall retain the right to a vote but shall not have a casting vote.

Meetings

Statutory NEC
4. The National Executive Committee shall meet in four statutory meetings per year. The President or General Secretary may summons a special meeting of the National Executive Committee should this be considered necessary.

Special NEC

A special meeting of the National Executive Committee may also be convened at the request of either at least two-thirds of the members of the National Executive Committee.

The National Executive Committee and all its committees will have the right to determine the dates of all its meetings by simple majority vote if the matter is contested.

Regular NEC

Regular meetings of the National Executive Committee shall be convened by the General Secretary to deal with the on-going governance and business of the Union.

The National Executive Committee and all its committees will at all times have the right to determine their own agendas, by simple majority vote of the meeting if the matter is contested, and the power to have placed before it all matters relating to such items.

Quorum
5. Any meeting of the National Executive Committee shall be inquorate unless at least one half plus one of the National Executive Committee members are present.

Minutes
6. The General Secretary shall be responsible for ensuring that the proceedings of each National Executive Committee Meeting are properly minuted and the minutes are submitted for confirmation to the National Executive Committee Meeting immediately following.

Powers of National Executive Committee
7. The National Executive Committee shall:

 (a) in the intervals between Annual General Meetings decide on all Union matters, and shall have complete policy and decision making powers;

(b) interpret the Rules and determine all questions on which these Rules are silent;

(c) comply with the decisions and instructions of the Annual General Meeting or Appeals Court and strive to secure the attainment of the Union’s objectives;

(d) administer the business and affairs of the Union; oversee the work of the General Secretary and the work of other officials and employees of the Union through the General Secretary;

(e) protect the Union’s funds, and direct the actions of the Trustees, and have power to appoint special auditors to examine the books and accounts of the Union’s funds, cause the General Secretary to present and send to Branches half-yearly and annual financial statements and to provide books and stationery to Branches;

(f) have powers to impose levies on Branches and members in the interests of the Union, and, if necessary, make payments as provided in Rule 22, Clauses 7-9;

(g) deal with all trade disputes and institute legal proceedings on behalf of members, or direct the Trustees to proceed against any officer or member acting outwith these Rules;

(h)  cause the General Secretary to place before it for consideration and decision, resolutions from Branches and Regional Councils, all appeals from members, Branches, and Regional Councils and the decisions of Industrial Organising Conferences and have power to suspend its decisions pending appeal;

(i) have power to take the opinion of the membership, to decide on allocation of membership and to enter into transfer agreements and arrangements with other unions, as defined in Rule 1, Clause 3;

(j) appoint sub-committees to deal with special classes of business, other than those matters to which Rule 22 applies; to define the duties of sub-committees and to invest in them such powers as deemed necessary;

(k) make arrangements for the holding of Annual General Meetings to which they shall submit a report as defined in Rule 3, Clause 8, and Special General Meetings. Have power to appoint delegates to attend Conferences and other meetings called to deal with matters of interest to or affecting the interests of the Union;

(l) suspend any member obtaining or receiving a Union benefit by misrepresentation and to suspend, fine or to recommend the dismissal of any incompetent Branch Officers or to expel, fine or suspend members acting contrary to Rule;

(m) suspend or dismiss any full-time official or employee of the Union for the misuse or misappropriation of Union funds, absence from duty or gross neglect of duty, or for gross incompetence. Any act of dismissal or suspension performed in accordance with this Rule shall be reported to the Annual General Meeting.

Report Following Attendance at Regional Council Meeting
8. Following the attendance at a meeting of the Regional Council, the elected National Executive Committee representative shall report back to the next available meeting of the National Executive Committee.

Attendance at AGMs/SGMs
9. The National Executive Committee shall elect two of its members to attend the Annual General Meeting (one of whom will attend the Appeals Court) at which they shall have the right to speak but not vote on the National Executive Committee’s behalf on any matter concerning or arising from National Executive Committee decisions.

Appointment of Auditors
10. The National Executive Committee shall have power to appoint one or more permanent auditors, who shall be attached to Head Office and work under the direction of the General Secretary. The Auditors shall examine the books of any Branch upon instructions from the General Secretary, and also render assistance to new Secretaries with a view to a uniform system of book-keeping being adopted throughout the Union. They shall be paid at a rate decided by the National Executive Committee.

Appointment of Assurer

11.The National Executive Committee shall have the power to appoint a qualified independent person to be an assurer in order to supply a Membership Audit Certificate to the Certification Officer each year in compliance with legislation.

Salary & Expenses
12. Elected members of the National Executive Committee
shall be paid, from the General Fund, a salary as agreed from time to time, and travelling and lodging expenses in accordance with Rule 14 Clauses 26, 27, 29 & 30.

Decision
13. Every decision and instruction issued by or on behalf of the National Executive Committee shall be binding on members, Branches, Regional Councils, Industrial Organising Conferences, and any such decision or instruction shall be of full force and effect in respect of every present and future member. It shall form the essential basis of the contract between the Union and its members. National Executive Committee decisions or instructions shall be amended, rescinded or suspended only by way of appeal to an Annual General Meeting or Appeals Court as provided for in Rule 3, Clause 5 and Rule 3, Clauses 10(e) and 10(f).