Rule 13

RULE 13

BALLOT AND ELECTION PROCEDURES

Voting System

Tied Vote

1. In these Rules the single transferable vote system means:

(a)  when the names of two or more candidates are printed on a ballot paper each voter shall be entitled to vote for all of the candidates in the order of preference. That is to say by placing the figure 1 against the first choice of candidate then voting for the remaining candidates in descending order (2, 3, 4, etc.);

(b) when the returned votes are first counted by the appointed returning officer, the candidate receiving more than half the valid votes, i.e. an absolute majority, shall be declared elected;

(c) if no candidate receives an absolute majority, the appointed returning officer shall eliminate the candidate receiving the lowest number of votes and shall distribute those votes among the remaining candidates according to the preferences marked on the ballot papers credited to the eliminated candidate;

(d) The process of eliminating the lowest candidates in succession and transferring their votes as described shall continue until either:

(i)  one of the candidates receives an absolute majority of all the valid votes received, or

(ii)  one candidate is credited with receiving more than the combined votes of all the other candidates.

(e)  If at the final stage of the count the remaining candidates have the same number of votes, there shall be a re-run of the election between the tied candidates.

Independent Scrutineer

1. 2.   In this Rule an election conducted as described in Clause 1 of this Rule is an election in which the votes cast may be counted by an independent scrutineer. 

Eligibility to Vote

1. 3.   All members of the Union are eligible to vote in any of the elections to which the provisions of this Rule refer except: 

(i)  persons who are not employed as defined in Rule 2, Clause 1;

(ii)  persons who are in arrears with contributions as defined in Rule 2, Clause 21, and

(iii)  persons who are retired members as defined by Rule 2, 1(e).

Eligibility for Nomination

4. A person cannot be nominated for any office in the Union unless they are in Membership as defined by Rule 2 Clause 1.

Branch Election Circulars

5. A Branch may issue election circulars on behalf of any candidate nominated by the Branch. Any such circular must bear the signatures of the candidate and at least two Branch Officers. It must also bear the date on which it was signed.

6.  Election circulars will be issued from Head Office in the following elections for the President, the General Secretary, the Assistant General Secretaries, National Secretary, Assistant National Secretary, the National Executive Committee and the Regional Organisers. Two draft copies of any election circular must be received by the General Secretary within 30 days from the date of the Head Office circular inviting Branches to nominate candidates. 

Authorisation 

7. Two draft copies of election circulars for all other elections shall only be authorised by the General Secretary or the National Executive Committee 14 days after the date of the Head Office circular inviting Branches to nominate.

1. 8.   Should a candidate’s nomination be received at Head Office after the period set for Branches to submit circulars has expired, then any election circular received on behalf of that candidate shall not be issued. 

Following the deadline for receipt, Branch election circulars shall be communicated digitally to the Branches in the constituency.

Composition

Candidate Campaign Statement

1. 9.   A member, candidate or Branch responsible for the composition of any election circulars shall ensure that, while it may raise debate on policy for the Union, this being wholly correct in the conduct of free and democratic elections: 

(a)  it does not advocate fascist or racist views or in any way contravenes this Union’s policies against discrimination on the grounds of sex, race, ethnic origin, religion or sexual orientation;

(b)  it is neither libellous nor impugns the good name of the Union or its members;

(c)  it is circulated solely within the Union for use of members only and is regarded as private and confidential and is not published or otherwise disclosed outside the Union.

10. A candidate may compose and submit an individual campaign statement under the provisions of Clause 9 for digital distribution to members eligible to vote in the constituency. 

For the candidate’s campaign statement to be distributed it must reach Head Office not later than 8 weeks after the despatch of the circular inviting Branches to submit nominations. All campaign statements received in accordance with these Rules shall be distributed shortly after the close of nominations.

Decline to Authorise

Election Addresses

11. Should the General Secretary decline, on behalf of the Union, to authorise the publication of any circular or statement, or any part thereof, on the basis of the criteria set out in Clause 9, the decision shall be conveyed to the Branch, or member concerned. The Branch or member shall have the right to amend the circular or statement. In the event that the Branch or member remains dissatisfied with the General Secretary’s decision they shall have the right of complaint to the National Executive Committee. In the event that the National Executive Committee upholds the complaint then the full rights of the Branch or member in the election process will be fully upheld whether by extending the timetable of the election or by it being re-run. Should the National Executive Committee uphold the General Secretary’s decision, a full written explanation for the refusal shall be given to the Branch or the member concerned.

12. Candidates in any election for the President, the General Secretary, the Assistant General Secretaries, National Secretary, Assistant National Secretary, Regional Organiser or membership of the National Executive Committee may prepare an election address in their own words containing not more than 300 words for distribution to those entitled to vote in the election concerned. An election address must reach Head Office not later than 8 weeks after the despatch of the circular inviting Branches to submit nominations to be included with the ballot paper sent to voters in the election, otherwise it will not be distributed.

Issue and Content

13.  An election address, election circular, or campaign statement will not be issued unless the nomination of the candidate to which it refers has been received at Head Office and found to comply with the Union’s Rules.

No Photographs

Standard Format for Election Addresses

Ballot Papers - Issue

14.  Photographs of candidates will not be permitted on election circulars, addresses, or campaign statements.

15. Election addresses specified in Clause 12 shall be submitted to Head Office in the standardised format specified within the circular inviting Branches to submit nominations.

16.  The General Secretary shall ensure that a ballot paper containing the names of all eligible candidates and the method of voting as defined in Clause 1 of this Rule, together with any election address on behalf of any of the candidates, and the address to which the ballot paper must be returned together with the closing date, is distributed to those members entitled to vote in any given election, the cost of which will be borne by the General Fund.

Nomination Period

Candidate Campaign Funding & Expenditure

Donations and Sources of Funding

Donation and Expenditure Limitations

Legitimate Items of Expenditure

Candidate Balance Sheet

Breach of Rule

17. A period of eight weeks, from the date of despatch at Head Office of the circular inviting nominations, shall be given in order that Branches may nominate candidates in any election held to elect the President, members of the National Executive Committee or a full-time elected official of the Union.

18. Candidates may actively campaign in any election held to elect the President, members of the National Executive Committee or a full-time elected official of the Union.

19. To assist with their campaign, candidates may seek donations from RMT members and Branches.

20. Excluding travel expenses, the total value of donations received, and expenditure made, by candidates shall be limited to amounts determined by the National Executive Committee each year for both national and regional elections. The amounts determined shall be specified within the circular inviting nominations.

Excluding travel, the total value of a donation from a single source shall not be greater than £100.

21. Legitimate items of expenditure in elections will include costs associated with postage, printing, telephone use, online campaigning, room hire and travel.

22. Candidates shall be required to complete and return a receipted balance sheet to the General Secretary which shall account for all donations and expenditure specified in Clauses 19 - 21. The balance sheet shall be scrutinised after the conclusion of an election.

23. Potential breaches of Clauses 18 - 22 shall be placed before the National Executive Committee for consideration. In the event of a breach, the National Executive Committee shall determine an appropriate sanction.

Election of Delegates to the AGM

24. Delegates to the Annual General Meeting shall be elected annually by ballot, as described in Clauses 1 and 2 of the Rule. Branches shall be grouped together in Areas (General Grades) as per Regional Council Areas and Regions (Shipping, Docks, Ports & Waterways Grades plus an Offshore & Energy Grades Region consisting of all Members working in the offshore & energy sector). Each Area/Region’s delegate entitlement shall be one delegate per 1,300 members or part thereof. Members within the General, Shipping, Docks, Ports, Waterways; and/or Offshore & Energy Grades will be allocated to their respective Area or Region for the calculation of delegate entitlement. This calculation shall be made annually at the time nominations are sought, and shall be on the basis of the number of members per Area/Region on 31st December the previous year.

Eligibility

25. Delegates shall be eligible for re-election but shall not attend more than three successive Annual General Meetings. Delegates who have attended three successive Annual General Meetings shall not be eligible for re-election for a period of three years. Each Branch shall have the right to nominate one candidate for election to represent the electoral Area or Region to which they belong, but only one member of a Branch can attend an Annual or Special General Meeting as a delegate.

A Branch may only nominate a candidate to an Annual or Special General Meeting if the Branch has a minimum of 5 members within the constituency they are entitled to nominate in.

26. No member shall be eligible for election, or to serve as a delegate to the Annual General Meeting, unless the member has not less than three consecutive years’ membership of the Union by the 31st December in the year such delegate is elected, and shall be and continue to be employed as defined in Rule 2, Clause 1(a) (b) and (c).

27. If there is a vacancy no more than 21 days before an AGM/SGM, then the position will remain vacant.

Unable to Perform Duties

28. Should a delegate cease to be employed (as defined in Rule 2, Clause 1(a) (b) and (c)) that member shall be ineligible to continue as a delegate unless the member's employment was terminated as a result of redundancy and the member had no alternative but to be dealt with under resettlement arrangements. In the latter circumstances a member shall be eligible to continue as a delegate for a period of twelve weeks after employment is terminated. 

29. If for any reason a delegate is unable to perform their duties as a delegate, their place shall be filled by the member who received the largest number of votes in a re-count of the ballot papers in the group in which the vacancy occurs.

National Executive Committee Members

30. A member of the National Executive Committee shall notbe eligible to be elected to serve as a delegate to the Annual General Meeting unless a minimum period of 12 months has elapsed from the last day of being a member of the National Executive Committee.

National Executive Committee - General Grades Committee – Basis of Representation

Maritime Grades

31. For the purpose of electing members of the General Grades of the National Executive Committee, there shall be twelve Electoral Regions. The twelve seats to be elected from all General Grades members within the Electoral Regions are as follows.

1          Scotland

2          Manchester & North West of England

3          North West & North Wales

4          North East

5          Yorkshire & Lincolnshire

6          Midlands

7          South Wales & West

8          South West

9          South East

10        London & Anglia 

11        London Transport 

12        Wessex

For the purpose of electing members of the Maritime Grades of the National Executive Committee there shall be four Electoral Regions.  The four seats to be elected from all Maritime Grades with the Electoral Regions as follows:

M1       South

M2       Central

M3       North

M4       Offshore & Energy

Election Rotation

32. Candidates will be chosen triennially from the Electoral Regions. The system of rotation shall be:

Method of Election

Nomination

33. The election of a member to the National Executive Committee shall be conducted as described in Clauses 1 and 2 of this Rule. 

34. A candidate must have been a member of the Union for five consecutive years by the 31st December in the year in which the election takes place, and shall continue to be employed as defined in Rule 2, Clause 1 (a) (b) and (c).

35. In order to be nominated as a candidate for election to the National Executive Committee a member must receive at least one valid nomination. For a nomination to be valid it must be agreed to at a meeting of: 

(a)  the Branch of which the candidate is a member, or

(b)  another Branch entitled to nominate in the same Electoral Region.

The nominated candidate shall countersign one nomination form due to be completed on behalf of the Branch submitting the nomination provided in each case that a majority of members present at the Branch meeting vote in favour of the nominee.

A Branch may only nominate a candidate to the National Executive Committee if the Branch has a minimum of 5 members within the constituency they are entitled to nominate in.

36. Subject to Clause 37 of this Rule, if a Branch has nominated a successful candidate for the National Executive Committee, that Branch, and the candidate’s Branch, shall not be entitled to nominate another member for three years. This three-year period shall also prevent the Branch from submitting an original nomination for a candidate to another Electoral Region where they would otherwise be entitled to do so.

The successful candidate will not be eligible for re-election for a period of three years from the end of the first candidate's period of office.

Nothing shall prevent a Branch from submitting a supporting nomination for a candidate of another Branch as long as the candidate is a member of the respective Electoral Region and the Branch is eligible to nominate in that Electoral Region.

Other than as a result of a National Executive Committee decision to change a member’s Branch, should a member transfer from the Branch of the current National Executive Committee member to another Branch in the same constituency, within the three-year period prior to the commencement date of the period of office of the National Executive Committee, they will not be eligible to stand for office.  

Casual Vacancy

37. However, where a member of the National Executive Committee serves as a representative for less than two years whether elected in the original election or by reason of being elected to fill a casual vacancy, the representative’s Branch shall be entitled to nominate a candidate for the next election. 

Non-Eligibility

38.   A delegate to the Annual General Meeting, or an Elected Trustee, or the holder of a position within any recognised Machinery of Negotiation to which the Union is party, shall not be eligible to be a member of the National Executive Committee unless the member concerned resigns from that latter position when elected to the National Executive Committee.

Period of Office

Dissatisfaction with Member

39. The candidate receiving the largest number of votes in each Electoral Region shall be declared elected. They shall hold office for the ensuing three years and subject to Clause 37 of this Rule, they shall not be eligible to be nominated for re-election to the National Executive Committee for a further three years.

40. Should 2/3rds of the Branches in an Electoral Region be dissatisfied with a representative they shall have the right to demand a vote of the members represented by that representative at the end of each year.

Cease to be Employed

41. Should a member cease to be employed for a period of three calendar months, as required by Rule 2, Clause 1(a), (b) and (c), that member shall be ineligible to continue as a member of the National Executive Committee. 

Vacancy

42. An election, conducted in accordance with the provision of this Rule, shall be held should a member of the National Executive Committee, for whatever reason, retire from office before the period of office has expired. 

President

Method of Election

43. The Election of the President of the Union shall be conducted as described in Clauses 1 and 2 of this Rule. 

Nomination 

44. Each Branch of the Union shall have the right to nominate a candidate for the office of President. A candidate must, on the closing date for the nominations in accordance with Clause 17 of this Rule, be employed as defined in Rule 2, Clause 1(a) (b) and (c), be a member of the Union with a minimum of five consecutive years' membership and continue to remain a member of the Union. 

Triennial Election

45. The President shall be elected for a three-year term and shall take office from the 1st January in the year following election. 

Outgoing President

46. An outgoing President who has been in office for three years in succession shall not be eligible for re-election to that position or to that of an elected member of the National Executive Committee unless a period of at least three years has elapsed from the last day of office. 

Vacancy

47. Should the office of President become vacant before the expiration of the office holder's term of office, the National Executive Committee shall determine the procedure to be followed for the election of a successor who shall serve for the remainder of the period of office. 

General Secretary

Method of Election

48. The election of the General Secretary shall be conducted as described in Clauses 1 and 2 of this Rule. Each Branch of the Union shall have the right to nominate a candidate for the office of General Secretary. 

Nominations

49. Each candidate must be and remain a member of the Union and have at least ten consecutive years' membership by the closing date for nominations in accordance with Clause 17 of this Rule. A candidate must be nominated by at least ten Branches. 

Ability to Perform Duties

50. A candidate in this election must have a thorough knowledge of the Union and all aspects of transport work, and shall be competent to discharge all duties assigned under these Rules by the Union’s governing bodies. 

Period of Office

51. The candidate who is declared elected shall hold office for five years commencing from the date of election, and subject to the provisions of these Rules shall be eligible for re-election.

Assistant General Secretaries Method of Election 

52. An election for the position of Assistant General Secretary shall be conducted in accordance with the Rules governing the election of a General Secretary.

National Secretary and Assistant National Secretary Method of Election

53. Elections for the positions of National Secretary and Assistant National Secretary shall be conducted as described in Clauses 1 and 2 of this Rule but be confined to the individual vote of the members within the Maritime Grades (Shipping, Offshore & Energy, Docks, Ports, and Waterways)subject to fulfilling Sub-Clauses 3(i), 3(ii) and 3(iii) of this Rule. 

Nomination

54.  A Branch of the Union shall have the right to nominate a candidate for the office of National Secretary and Assistant National Secretary if the Branch has a minimum of 5 members within the constituency.

Eligibility

55. At the time of nomination a candidate must have been a member of the Union and have been so for at least seven consecutive years as of the closing date determined in accordance with Clause 17 of this Rule. The candidate who is elected to office shall remain a member of the Union. 

56. Candidates shall be a Maritime Grades member and must be nominated by at least two qualifying Branches as per Clause 54 of this Rule.

Period of Office

57. The period of office shall be for five years. Subject to the provisions of the Rules, the office holders shall be eligible for re-election. 

Regional Organiser Method of Election

58. Elections for the positions of Regional Organiser and Relief Regional Organiser shall be conducted as described in Clauses 1 and 2 of this Rule by the individual vote of members. 

Nominations

59. Each Branch of the Union shall have the right to nominate a candidate for the office of Regional Organiser and Relief Regional Organiser. Candidates may only stand in one of these elections at a time. 

60. At the time of nomination a candidate must be a member of the Union and have been so for at least seven consecutive years as of the closing date determined in accordance with Clause 17 of this Rule. The candidate who is elected to office shall remain a member of the Union. 

61. Candidates must be nominated by at least two Branches. 

Period of Office

62. The period of office shall be for five years. Subject to the provisions of the Rules, the office holders shall be eligible for re-election. 

Maritime Grades Elections

63. The elections to which Clause 64 of this Rule applies shall be those held to elect members of the Maritime Grades as: 

(a)   Branch delegates to Annual or Special General Meetings elected on the basis of 1 per 1,300 or part thereof based on the Regions, elected as described in Clauses 1 and 2 of this Rule;

(b) Representatives of Maritime Branches to the Biennial Maritime and Biennial Offshore & Energy Industrial Organising Conferences, elected as described in Clause 1 of this Rule;

(c)   and to such other Elections or Ballots as may be approved by the National Executive Committee.

No Branch will be eligible to send more than one delegate to Annual or Special General Meetings as per Clause 25 of this Rule.

Grouping of Branches

64. The National Executive Committee shall have power togroup Maritime Grades members and Branches into such number of Electoral Regions as may from time to time be deemed appropriate. The National Executive Committee shall also have power to determine if an election within an Electoral Region is to be conducted on the basis of a general vote of all the members in the Region.