Union Rules

Rules of the PDA Union

Version 11(d)

January 2016

A. NAME, OBJECTS AND DEFINITIONS

1.    Name and Principal Office

The Union shall be named – “The PDA Union” (hereinafter called the “Union”) with its principal office at The Old Fire Station, 69 Albion Street, Birmingham, B1 3EA or such other place as the Executive Committee shall from time to time decide.

2.    Definitions

Throughout the Rules unless the context otherwise requires:

  • “Staff” means all persons in the employment of the Union whose remuneration is received direct or from the PDA or the PIA.
  • “Member” means a person holding a current Membership Card.
  • “The Members” mean the Members of the Union.
  • “Employers” mean those companies or organisations that employ Pharmacists.
  • “The Officers” means the General Secretary, Assistant General Secretaries, Communications Officer, Treasurer and any other role as decided by the Executive Committee
  • “The Trustees” mean the Trustees of the Union.
  • “National Executive” will be referred to as NE
  • “Regional Committee” will be referred to as RC
  • “Regional Union Official” will be referred to as RUO
  • “Divisional Committee” shall be referred to as DC
  • “The Rules” mean the Rules of the Union from time to time in force.

In these Rules the singular includes the plural and vice versa.

3.    Objects

The objects of the Union shall be:

(a) Where appropriate, to be recognised by Employers for the purpose of regulating the relations between the Staff of the Employer and the Company, through negotiation and consultation and where appropriate the provisions of the Information & Consultation Regulations.

(b) To protect the Terms & Conditions of the Members individually (or collectively) and where appropriate secure adequate remuneration for their services and improvements in their conditions and material well being.

(c) To represent, defend and support the interests of Members either individually or collectively in respect of their Terms & Conditions in dealing with Employers and/or outside organisations.

(d) To encourage all eligible Pharmacists, Pre Registration Graduates and Pharmacy Under-Graduates to become Members of the Union, but to exclude Directors of Pharmacy companies, Superintendents of Pharmacy chains greater than 10 shops and owners/proprietors of Pharmacy businesses.

(e) To provide such benefits, representation, legal and other services and assistance to its members who were members at the time of the termination of their employment as the NE shall consider appropriate and practical.

(f) To accumulate and utilise funds for the promotion of its objects and to invest such funds in such a manner as the NE shall decide.

(g) To associate with such other organisations and unions as shall be considered desirable for promoting Union’s objects.

(h) To hold an annual meeting(s) (or other such meetings that may from time to time be required) of the members of the Union.

(i) To circulate such information as may be thought desirable by means of a periodical journal, which shall be the journal of the Union, and by the occasional publication of other papers.

(j) The Union has a clear commitment to promote equality for all and to eliminate all forms of harassment, prejudice and unfair discrimination, both within its own structures and through all its activities, including its own
employment practices.

(k) To do all things as will assist in achieving the above.

B. POLITICAL AFFILIATION

4. Political Affiliation

The Union shall not affiliate to or subscribe to any political party unless a political fund has been created in accordance with trade union legislation.

C. MEMBERSHIP

5. Eligibility

Membership shall be open to all Pharmacists as defined in 3d

(a) Every applicant for membership of the Union shall complete an application form and forward it to Assistant General Secretary (Administration & Membership). Membership shall commence on the first day of the month in the month the application is made. In cases of rejection the applicant has the right of appeal in accordance with the procedure under Rule 10 section (b)(iv).

(b) All applicants who are accepted into membership will receive a Membership Card. A copy of the rules is available on the website – a hard copy is available from the Secretary. (Rules are available in different formats on request).

(c) Individual representation shall not be provided for any circumstances that occurred before membership was incepted except at the discretion of the NE.

(d) Any member ceasing to be a member, resigning, being expelled or suspended from membership shall have no right or claim upon the Union nor upon its funds or effects, nor shall they be able to vote (see Rule 16).

(e) Officials shall be deemed to have membership of the Union but shall have no voting rights nor any rights upon the funds or effects of the Union other than by any individual contract to which they may be a                       party.

6. Retired Membership

All retired members of the Union shall not be entitled to vote or hold any Office. They shall have access to the website and continue to receive communications unless they state to the contrary.

7. Register of Members

The General Secretary (or if a Membership Secretary is appointed in accordance with 18 (c) (viii), shall hold a register showing the addresses of all Members, Employer, work location and job title, together with any other relevant information. Members shall notify the Assistant General Secretary (Administration & Membership) in writing, of any changes.

(a) The General Secretary is responsible in ensuring that the membership records are held and are available in accordance with current Data Protection legislation and and the Transparency of Lobbying, Non-Party Campaigning and Trades Union Administration Act 2014

(b) Trade Union membership is considered as sensitive and personal data as defined within the Data Protection Act and as such requires the specific permission of the data subject for this information to be held. In granting membership to the PDAU it is considered that the applicant has given such permission.

(c) The General Secretary is responsible in ensuring that the membership records are held and are available in accordance with current trade union

8. Subscriptions

(a) The Subscription shall be considered on an annual basis, or on a more regular basis, as determined by the NE. The subscription level shall be set by the NE, who may vary such subscriptions depending upon the status or description of the member.

(b) Subscriptions shall be due on the first day of the calendar month of commencement of membership and is paid annually thereafter.

(c) An additional levy (not exceeding 12 month’s subscriptions) for a specific purpose may be made by the NE with the approval of a majority of the members who vote on a resolution by way of ballot.

(d) A member whose subscription is one calendar month overdue, or who is one month overdue in the payment of any other money payable under or by virtue of these Rules shall be given written notice of the fact and will not thereafter be entitled to attend any meeting of the Union or to vote in any ballot.
The NE shall have the power to reduce or waive a member’s subscriptions in case of special hardship.

(e) Any person whose membership has been terminated in accordance with Rule 8 (d) hereof may be re-admitted to membership on payment of all outstanding subscriptions and an application for membership provided always that the NE may, in their absolute discretion, waive the payment of all or any part of such arrears.

(f) The Union shall give 28 days notice to members of any changes to subscription rates.

(g) Retired Members shall not be liable to pay subscriptions nor have a vote.

9. Termination of Membership

(a) A member may terminate his/her membership at any time by giving one calendar month’s notice in writing to the Assistant General Secretary (Administration & Membership). and may be subject to an Administration fee.

(b) A member who is “struck off”, shall cease to be a member of the Union unless they are and continue to be represented by the Union and are up to date with their subscriptions.

(c) Provided notice has been given under Rule 8 (d), any member who makes default in the payment of subscriptions for more than two months or in the payment of any other money payable under or by virtue of these Rules shall cease to be a member.

(d) Any member whose conduct is deemed to be detrimental to the objects and well being of the Union shall be removed from membership by a resolution passed by a simple majority of the NE attending a formal meeting.

(e) Any member ceasing to be a member or resigning or being expelled or suspended from membership shall have no right or claim upon the Union or upon its funds or effects.

10. Discipline

(a) All members of the Union are required to act in accordance with these Rules and not to conduct themselves in any way prejudicial to the interests of the Union.

(b) If the NE of the Union as defined in Rule 13 has a reason to believe that a member (which expression shall include an Officer) has acted contrary to the Rules or conducted himself/herself in a way detrimental to the objects and well being of the Union, they may take disciplinary action against him/her as follows:

(i) The member shall be given notice in writing by the Secretary setting out the complaint and notifying him/her that he/she may be represented to make representations in person or in writing to the meeting of the NE at which the complaint is to be considered, which shall not be less than twenty-one days from the date of the notice.

(ii) The NE shall give full consideration to any representation made by or on behalf of the member and if they find the charge proven, shall give him/her written notice of their findings which may provide for one or more of the following penalties:

–  Expulsion from membership;

–  Suspension from membership for a specified period;

–  Debarring from Office for a specified period.

(iii) The member may, within fourteen days of the date of the notice of their findings, appeal against the decision of the NE. The notice of appeal shall be in writing addressed to the General Secretary. The ruling of the NE shall not be applied during the fourteen days, nor, if an appeal has been made within that period, until the appeal has been decided.

(iv) The appeal shall be to an appeal body composed of ordinary members of the union appointed at the Annual General Meeting who are not members of the NE.  The Appeal Body to be Chaired by the Consultant or appropriate neutral Trade Union Official. The Secretary shall summon them for the purpose and give reasonable notice of their meeting to the appellant member or applicant, who may attend, may be represented and will be entitled to be heard. The appeal body may uphold or reverse the verdict and confirm, vary or rescind the decision or ruling of the NE within the limits prescribed in paragraph (b) (ii) above. The ruling of the appeal body shall have immediate effect unless the appeal body otherwise decide, and shall be notified in writing to the appellant.

D. ADMINISTRATION

11. Organisation

The Union shall be administered as follows:

(a) A number of Regional Committee’s, RC’s as defined in Rule 12

(b) A National Executive, NE, as defined in Rule 13

(c) An Annual General Meeting as defined in Rule 15

(d) The Trustees as defined n Rule (17)(f).

12. Regional Committees (RC’s) & Divisional Committees (DC’s) (see appendix 2)

(a) The Union shall comprise of a number of RC’s (as determined from time to time by the NE) –

Region 1

Region 2

Region 3

Region 4

(i) Each RC shall comprise of representatives from the following sectors –

– Locums

– Community Employees

– Hospital Employees

– Primary Care

– + where appropriate 1 representative from any DC within the region

  • Students and Pre-Registration Students will be represented centrally by having an elected representative attending the NE
  • Each sector will have a number of representatives based on a ratio of 1:500 with a maximum number of 3 representatives for each area.
  • Should a representative move from one sector to another and/or one region to another, then he will be deemed to have resigned from that post and an election for the vacant post should take place
  • Each RC will be supported by Officers or Officials of the Union where appropriate. The RC will recommend items to be discussed at NE Meetings and put forward the views of their RC at such meetings on topics raised by the NE or other RC’s.
  • Each RC will elect from amongst the representative’s one member to sit on the NE and also represent the views of their members at AGM’s and any SGM.
  • To ensure that the views of other RC’s are known, each sector representative will partake in a “Virtual Meeting” with their corresponding post holder in all the other regions.

(ii) Normally the RC shall meet three times a year or on sufficient occasions as decided by the RC. The RC                  shall recommend items to be discussed by the NE. However, 10% or 50 members of a RC (whichever is the            smaller number), may by a request in writing to the General Secretary, require that a meeting of the RC be            convened to discuss a specific topic as outlined in the letter of request.

(iii) Resolutions debated at a RC shall be decided where appropriate by a majority of votes. Any RC member unable to attend may submit a proxy in writing to the Local Chair (see rule 12 (b)(vi)) The Local Chair or in his absence the person Chairing the meeting shall not have a casting vote.

(iv) The RC shall have power to co-opt, provided that the total number of co-opted members shall not in any case exceed five. Co-opted members shall have no voting rights or be deemed to form part of a quorum. The purpose of the co-option is to provide specialist knowledge on a given topic. The co-optee will only address the meeting when asked by the Chair of the meeting and only on the topic for which the co-option was made.

 

(b) Election of RC’s

(i) Any member may be nominated as a representative to the RC, provided they have completed twelve months continuous membership of the Union.

(ii) Elections shall normally be held in January and the person appointed will assume office on the 1st day of the  following April and serve for a period of five years. In the first year only the date of the Election and commencement of office will be determined by the Executive

(iii) Nominations shall be in writing signed by the candidate, a nominee and four seconders who must be members and must be received not less than 21 days prior to the date of the election and must be accompanied by written confirmation by the nominee of his/her willingness to accept nomination.

(iv) In an election every member, other than a member disqualified from voting by virtue of rule 8(d), shall be entitled to vote.

(v) Voting shall be by ballot in accordance with Rule 16.

(vi) The RC shall elect from amongst their number a Local Chair

(vii) The RC shall elect from amongst their number one representative to sit on the NE. (Any ordinary member may attend the Annual General Meeting)

(viii) Where the union has recognition rights with an employer then the DC shall be deemed to be a sub-committee of the relevant RC. In such cases one representative from the DC (normally the full time seconded representative) shall be a member of the relevant RC.

 

(c) Administration of Regional Committees

Each RC shall be administered by

(i) A Chair

(ii) A Regional Union Official (RUO)

The Chair shall be responsible to chair meetings and conduct meetings.

The Regional Union Official shall be appointed by the NE and report to the Assistant General Secretary (Tactical).

The role is that of a Trade Union Official and the post holder will have no voting rights on the RC.

The duties of the Regional Union Official will be stipulated in the Job Description, but will include the following items, although this list is not exhaustive.

  • Advise and/or represent members in the region in either individual or collective Grievance or Disciplinary matters.
  • Attend to the day-to-day administration of the region
  • Attend the regional meetings and take Minutes
  • Act in a secretarial role for the region

13. National Executive (NE)

(a) Constitution

The NE shall consist of:

(i) 6 members elected directly by the membership who will constitute the Officers together with 4 members, one from each RC and one member representing Students & Pre-Registration Students. The directly elected   executive members shall elect from the 6, the Officers of the union.

NB. Should the union receive accept a Transfer of Engagements then this Constitution can be amended by          a Section 102 Memorandum in accordance with the Trade Union & Labour Relations (Consolidation) Act                1992.

(ii) A Consultant, (should the NE wish to appoint such a role) who will be expected to attend meetings as required to give advice, but he/she will not be a member of the committee, he/she will not have any executive functions and will not be entitled to vote. The Consultant shall also be a Trade Union Official

(iii) Such co-opted members as necessary, but not exceeding one half of the normal compliment of the NE.

(iv) The NE shall have the power to invite others to attend NE Meetings to assist in their deliberations on specific matters.

 

(b) Election of NE

Apart from the five RC members elected by the RC’s and the Student & Pre-Registration Students, the remaining RC Members (who shall be the Officers) shall be elected by the membership. Voting shall by a secret ballot conducted in accordance with current trade union legislation.

 

(c) Functions of the NE

(i) The NE shall regulate its own affairs, subject to the Rules and Objects of the Union, and IS THE POLICY MAKING BODY OF THE UNION

(ii) The NE shall engage and pay for any services it may consider necessary to further the objects of the Union. This includes the power to provide administration services and engage the services of a Consultant whose duties are defined in Rule 18 (a), a Secretary whose duties are defined in Rule 18 (b) and a Membership Secretary in accordance with Rule 18 (c) (viii) or such other posts as from time to time are deemed as necessary

(iii) The NE shall form part of the appeals procedure of the Union and any member has the right to be heard by the NE before any decision regarding disciplinary action is reached.

(iv) Any member of the NE can be removed from office when a resolution is supported by at least two-thirds of the NE or at an EAGM

(v) The NE shall determine the Union’s attitude on all matters in accordance with the Objectives of the union and the recommendations of the RC’s.

(vi) To recommend to the Trustees the investment of surplus funds in any manner.

(vii) Determine the amount of subscriptions/levies from time to time payable in accordance with the rules.

(viii)   Appoint and give direction to sub-committees.

(ix) Appoint scrutineers to supervise ballots as and when necessary.

(x) Recommend items to be discussed at RC’s to gain a membership view.

(xi) Put forward resolutions to the, AGM & SGMs

(xii) Consider and recommend the annual accounts of the union to the AGM

(xiii) Recommend auditors to the AGM

(xiv) Take any action consistent in furthering the interests of the members

(xv) Determine from time to time the RC’s

(xvi) Determine the year end of the Union

(xvii) To enact rule changes of a strategic and/or operational nature in accordance with rule 22. Recommend all other rule changes to the membership

(xviii) Determine the outcome of any topic on which this or any associated document is silent.

(xviv) Appoint a trade union official to any DC where the union has negotiating rights. (See appendix 2)

(xxi) Appoint RUO’s in accordance with rule 12c(ii)

(xxii) Decide the “relevant date” for ballots thus determining those members eligible to vote (See Rule 16)

14. Administration of Committees

(a) The NE, RC’s and sub-committees shall regulate their own affairs subject to the objects and Rules of the Union. Any DC will regulate their affairs in accordance with Appendix 2 – Should Appendix 2 be silent on any matter then the general rules of the union shall apply.

(b) The Committees shall meet as follows:

The NE – a minimum of 4 times a year and hold any additional meetings as they deem necessary.

RC’s –  a minimum of 3 times a year and hold any additional meetings as they deem necessary.

Sub committees as and when required, but in such a timely fashion as to be able to report to the NE.

(c) Notice of Meetings shall be issued to all Members of the RC concerned at least twenty-eight days before the date of the Meeting. Items for the Agenda should be received two days before the issuing of an Agenda, which will be issued 14 days before the meeting. Copies of the Notice of Meeting & Agenda’s in respect of RC’s will be issued to all ordinary members within that constituency in order that they may advise their representative(s) of any topic that they wish to be discussed at that meeting.

(d) For Meetings of the NE, an Agenda shall be prepared and issued to all NE members seven days before the Meeting.

(e) Minutes of each meeting of the RC shall be sent to the NE for review at their next meeting after the RC meeting. A précis of the RC Meeting will be made available to all members within the relevant constituency within 14 days of the meeting.

(f) A quorum shall consist of the smallest number exceeding one-half of the Committee concerned.

(g) The General Secretary shall preside at all NE Meetings, the AGM or any SGM. In the absence of the General Secretary, the Assistant General Secretaries shall preside. In the absence of the General Secretary, or the Assistant General Secretaries, the Treasurer or Communication Officer shall preside. In the absence of all of these roles, a Chair shall be elected by those present.

(h) Decisions of the NE shall generally be by agreement but if two or more persons request a vote it shall be by hand with each member having one vote. (The General Secretary or the person chairing the meeting shall not have a casting vote)

(i) Any member absent from more than two consecutive NE Meetings shall be required to furnish an explanation and unless a satisfactory explanation is received the position shall be declared vacant.

(j) The accidental omission to give Notice of a Meeting or the non-receipt of a Notice of a Meeting by any person entitled to receive Notice shall not (automatically) invalidate the proceedings at that meeting.

15. Annual and Special General Meetings

(a) Organisation

The Secretary, under the guidance of the Officers and the NE, shall administer Annual General Meetings and Special General Meetings of members.

 

(b) Annual General Meetings

An Annual General Meeting of members shall be held in within 3 months of the year- end;

(i) the Annual Reports and Annual Accounts for the previous year;

  • the appointment of auditors
  • the report on the preceding year’s activities from the General Secretary
  • the appointment of an Assured Assessor in accordance with the Transparency of Lobbying, Non-Party Campaigning and Trades Union Administration Act 2014

(v) any other resolution, within the confines of the Constitution, notice of which shall have been received at least 14 days prior to the date of the Meeting submitted by either:

–  The NE, or

–  Any member supported by 20 other members.

At the conclusion of the formal proceedings an Open Forum shall take place. This gives members the opportunity to raise matters of interest with senior officials of the union. The Open Forum will not be minuted, but the NE reserve the right for topics of merit to be discussed at the relevant RC, DC and/or the next appropriate NE meeting.

 

(c) Special General Meetings

(i) Special General Meetings shall be called at the request of the NE or if a request in writing supported by 30% of the members, is received by the Secretary. The resolution must state the reason for requesting the calling of the Meeting and must be formally proposed and seconded.

(ii)  No business shall be discussed at the Special General Meeting other than that for which the Meeting was called.

(iii) The accidental omission to give Notice of a Meeting or the non-receipt of a Notice of a Meeting by any person entitled to receive Notice shall not invalidate the proceedings at that Meeting.

 

(d) Administration

At least 28 days written notice of the meeting, stating the business to be transacted thereat, must be given of General Meetings. An Agenda will be issued 14 days before the meeting, or in the event of a Special General Meeting any amendments to any resolution to be laid before a Special Meeting; 30 members attending shall constitute a quorum; voting shall be by show of hands. The Chairman does not have a casting vote. The result shall not be binding on all members of the Union unless the motion is first passed by a general vote at the meeting subsequently supported by a vote of all members where 2/3rds or more vote in favour. Members not present may give a proxy vote (in writing) on any resolution that appears on the Agenda.

E. BALLOTS

16. Voting Procedure

Only those members who are in membership at the relevant date of the ballot shall be entitled to vote in any ballot. The relevant date shall be decided by the Executive, otherwise the relevant date shall be the date, or the last date on which voting papers are distributed.

 

(a) Supervision of Elections for RC’s

The NE shall, in accordance with the statutory provisions, appoint independent scrutineers from the list approved by the Secretary of State for Employment, who will be responsible for supervising the production and the distribution of nomination papers.

The nomination paper should show the name of the candidate (who must be a current member), together with the name and signatures of the candidate nominee and 4 seconders, who must also be current members. The proposed candidate, nominee and seconders shall be from their own RC. In the event of there being the same number of nominees (or less) as vacancies then the nominees will be considered duly elected. In the event of there being more nominations than vacancies then the scrutineers will hold a ballot and act as returning officer(s).

 

(b) Administration

(i)         No voting papers shall identity the member to whom it is issued.

(ii)       All those entitled to vote must be given voting rights.

(iii)      Voting must be by the marking of a ballot paper in secret.

(iv)      Every member must be allowed to vote without interference or constraint.

(v)       Voting shall be by secret postal ballot.

(vi)      So far as practicable, every Member must be allowed to vote without incurring any costs.

(vii)     The names of the candidates must be printed on the ballot paper or on a separate document annexed to the ballot paper. Each candidate will be afforded the opportunity of addressing the membership by way of an election address (not to exceed 200 words), which will accompany the ballot paper.

 

(c) Supervision of Election of NE’s

The NE shall be elected in accordance with Rule 13. Voting shall by a secret ballot conducted in accordance with current trade union legislation.

The NE shall, in accordance with the statutory provisions, appoint independent scrutineers from the list approved by the Secretary of State for Employment, who will be responsible for supervising the production and the distribution of nomination papers.

The nomination paper should show the name of the candidate (who must be a current member), together with the name and signatures of the candidate, nominee and 4 seconders, who must also be current members.

The proposed candidate, nominee and seconder may come from any member.

Administration of the ballot should be in accordance with 16 (b).

 

(d) General Meetings

Ballots for General Meetings (including Special General Meetings) shall be held in accordance with Rule 15 (d).

 

(e) Other Ballots

In the case of all other ballots that are specified by statute, then the NE, shall take those steps necessary to comply with the relevant statute(s).

F. OFFICERS & OFFICIALS 

17. Officers

Officers shall be elected directly by the membership for a period of 5 years

 

(a) General Secretary

The General Secretary shall be the principal officer of the Union:

(i) Preside at all meetings of the NE and RC’s/DC’s (when invited) and at General and Special Meetings.

(ii) Sign the Minutes of the NE, General & Special Meetings and other official documents;

(iii) Be responsible for ensuring that duties delegated to others for the proper organisation of the Union are performed;

(iv) Be a cheque signatory

 

(b) Assistant General Secretary (Strategic)

The Assistant General Secretary shall act in all matters in the absence of the General Secretary, and assume the authority given under these Rules to the General Secretary and be a cheque signatory.

 

(c) Assistant General Secretary (Tactical)

The Assistant General Secretary (Tactical) shall act in all matters in the absence of
the General Secretary or Assistant General Secretary (Strategic), shall deputise for other members of the NE as appropriate and be a cheque signatory.

 

(d) Assistant General Secretary (Administration & Membership)

The Assistant General Secretary (Administration & Membership) shall act in all matters in the absence of the General Secretary, Assistant General Secretary (Strategic) or Assistant General Secretary (Tactical), shall deputise for other members of the NE as appropriate and be a cheque signatory

 

(e) Communications Officer

The Communications Officer, as the Union’s principal point of communications shall:

(i) Advise members about the affairs of the Union by the publication of regular bulletins;

(ii) Be the Chair of any Editorial sub-committee;

(iii) Be the Union’s public relations Officer in respect of external relationships;

(iv) Ensure that the Union’s publicity literature projects a proper image of the Union.

(v) Be a cheque signatory.

 

(e) Treasurer

The Treasurer shall:

(i) Receive all income paid to the Union including members’ subscriptions;

(ii) Maintain all accounting records relating to the Union and shall place all monies into a bank account in the name of the Trustees of Pharmacists Staff Union or as directed by the Trustees;

(iii) Be responsible for paying all the Union’s expenses. Shall be a cheque signatory and ensure that all cheques drawn are properly authorized, provided that in respect of payments in excess of £250, the signatures of two authorized signatories are obtained;

(iv) Recommend to the Trustees, & the NE proposals for the investment of surplus funds and on the authority of the NE make the necessary arrangements;

(v) Prepare interim accounts as required by the NE;

(vi) Prepare for consideration and approval at an Annual General Meeting an Income and Expenditure Account and a Balance Sheet showing the state of the Union’s affairs at the end of the financial year. Copies will be circulated to members prior to the Annual General Meeting.

(vii) Prepare an Annual Return for submission to the Certification Officer for Trade Unions & Employers’ Unions.

(viii) Prepare a financial statement for circulation to the members within 8 weeks of the submission of the Annual Return to the Certification Officer.

(ix) Maintain a petty cash float not exceeding £500 for the payment of properly authorised expenses. (It is preferred that expenses are paid by cheque);

(x) For the first meeting of the financial year, prepare budgetary recommendations to enable the NE to fix the amount of Members’ subscriptions in accordance with Rule 8 (a).

(xi) Recommend the level at which expenses will be reimbursed to RC’s, DC’s, NE members, Officials and staff.

(xii) Report to each NE meeting on the Union’s income and expenditure, assets and liabilities.

(xiii) Ensure that there is an insurance policy in force to indemnify representatives at all levels.

 

(f) Trustees

The Officers of the Union may also be the Trustees (unless it is decided by the NE that external Trustees are appointed in accordance with the legislation in force at that time in respect of Trusteeship).

(i) All property of the Union both real and personal shall be vested in the Trustees and the Trustees shall hold the same upon trust for the purposes of the Union.

(ii) Subject always to the approval of the NE shall have the power to invest funds of the Union in any investment authorized by statute;

(iii) Subject to the approval of the NE the Trustees shall supervise the financial dissolution of the Union.

(iv) In operating any bank or other account the Trustees may make arrangements for withdrawal on the signatures of two trustees;

(v) A Trustee who becomes unfit (on grounds of bankruptcy or other civil or criminal misdemeanour) or is unable on medical grounds to carry out his/her duties can be replaced by a resolution of the NE

(vi) A certified copy of a resolution of the NE appointing or removing the Officers of the Union shall be deemed to be evidence of the appointment or removal of Trustees.

18. Officials

(a) Consultant

A Consultant, who shall not be an employee of the union, may be appointed or if necessary removed under the terms and conditions established by the  NE under whose direction he/she shall work. While he/she shall be required to attend Meetings of the Union from time to time, he/she shall have no entitlement to vote on any issue.

The Consultant shall:

(i) Advise the Union on aspects of personnel and industrial/employee relations policy;

(ii) In particular advise on  legislation relevant to employment;

(iii) As required, conduct negotiations on behalf of the Union; and

(iv) When required by the General Secretary and/or the NE give such assistance required by way of advice and representation of members involved in grievance or disciplinary procedures.

(v) Be considered as a Trade Union Official within the meaning of current legislation.

The Consultant cannot commence any industrial action without the requisite authority as specified in Rule 26.

 

(b) Regional Union Officials (RUO’s)

The Regional Union Official shall be appointed by the NE and report to the Assistant General Secretary (Tactical).

The role is that of a Trade Union Official and the post holder will have no voting rights on the RC.

The duties of the Regional Union Official will be stipulated in the Job Description, but will include the following items, although this list is not exhaustive.

(i) Advise and/or represent members in the region in either individual or collective Grievance or Disciplinary matters.

(ii) Attend to the day-to-day administration of the region

(iii) Attend all regional meetings and take minutes

(iv) Act in a secretarial role for the region

 

(c) Administrative Staff – will report to the Assistant General Secretary (Admin & Membership)

The Secretary

The Secretary shall –

(i) In conjunction with the Treasurer, arrange for the preparation of the Annual Return and ensure its submission to the Certification Officer.

(ii) Assist with the administrative arrangements in respect of the Annual General Meeting and Special Meetings under the guidance of the NE

(iii) Supervise the work of office staff

(iv) Make administrative arrangements in respect of the Meetings of the NE and the Annual Conference in conjunction with the Communications Officer.

(v) Assist with the appointment of scrutineers to supervise ballots.

(vi) Ensure that all meetings are held in accordance with the Union’s Rules.

(vii) Take the minutes of NE meetings and other meetings as appropriate.

(viii) In conjunction with the Communications Officer, ensure that a financial statement is circulated to members within 8 weeks of the submission of the Annual Return to the Certification Officer.

(ix) To deal with correspondence as directed by members of the NE, including: in accordance with Rule 10 (b) (i)(iv)

(x) Undertake any other duties as determined from time to time by the NE.

 

(d)  Administration Manager

The Administration Manager shall –

(i) Receive completed application forms for membership and with the approval of the NE issue membership cards.

(ii) Maintain the register of members in a manner prescribed by them NE.

(iii) Work in conjunction with the Treasurer to ensure that members’ subscriptions are kept up to date.

(iv) Inform the NE of the names of members whose subscriptions are more than two months in arrear.

(v) Take all necessary action to recruit new members.

(vi) Ensure that a membership report is submitted to each meeting of the NE indicating changes in membership numbers.

(vii) Under the authority of the NE all or some of the above responsibilities may be delegated to a duly authorized Membership Secretary.

(viii) Undertake any other duties as determined from time to time by the NE.

 

(e) Individual Case Representatives

The Executive may appoint Individual Case Representatives to assist in handling grievance and disciplinary matters on behalf of individuals or groups of members. These Representatives will be appointed as Trade Union Officials subject to current trade union legislation.

 

(f) DC’s – Trade Union Officials

There shall be at least one trade union official appointed by the NE to each DC.

 

(g) Assured Assessor

An Assured Assessor appointed in accordance with the Transparency of Lobbying, Non-Party Campaigning and Trades Union Administration Act 2014.

G. ACCOUNTS & AUDITORS

19. Accounts

(a) The funds of the Union shall be applied to purposes as are consistent with the objects of the Union.

(b) The Union’s financial year shall terminate at 31st March of each year.

(c) An income and expenditure account and a balance sheet shall be completed at the end of each financial year  and circulated to members prior to the Annual General Meeting in accordance with Rule 17
(e) (vi).

(d) All returns required by statute shall be completed and sent to the
Certification Officer after the Annual General Meeting.

20.   Auditors

(a) Subject to Rule 15 (b) (ii) Auditors shall be appointed by a resolution passed by members at an Annual General Meeting to hold office up to and including the next Annual General Meeting.

(b) In particular auditors shall not be removed from office except by a resolution passed at a either a General Meeting or Special General Meeting of members.

(c) The Auditors must be able to comply with current trade union legislation.

H. GENERAL

21. Resolutions requiring the general approval of members

The Union cannot amalgamate, transfer its engagements, be dissolved or affiliated with another organisation except by a special resolution authorised by the NE and passed by two thirds of the membership voting by postal ballot. In the event of the Union being dissolved, the NE shall remain in office until the affairs of the Union have been wound up.

22. Rule Changes

The Rules of the union clearly fall into two categories, those that are operational and/or strategic, and those that are Constitutional. Examples of those items that are considered as Operational/Strategic and those that are considered as Constitutional are contained in Appendix A – these examples are not exhaustive.

(i)  By their nature, those items that are operational and/or strategic, that affect the efficiency of the Union require immediate action and are therefore the proper domain of the NE. Such rules may be changed by the NE in accordance with rule 13 (c) (xvii) and subject to rule 23a.

(ii)  Such items that are deemed to be of a Constitutional nature require the authority of
an SGM, unless they can be determined by reference to rule 23a

23. Interpretation and availability of Rules

(a) The interpretation of any of these Rules lies with the NE and the NE shall determine any matters where these Rules are silent.

(b) Any member of the Union shall be entitled to view the rules on the web
site or obtain a hard copy of the Rules on application to an Officer or elected representative of the Union.

24. Investigation into complaints by members

When any member has a complaint that action contrary to the Rules of the Union has been taken, the following procedure shall apply;

(a) A written statement giving precise details of the action complained of, and in particular the relevance of any Rules of the Union, shall be submitted to the Secretary.

(b) The Secretary shall make any enquiries he/she considers necessary and advise the member of his/her findings.

(c) If the member remains dissatisfied the matter shall be placed before the next meeting of the NE.

(d) The views of the NE shall be made known in writing to the member who raised the issue.

(e) If the member remains dissatisfied, they may refer the matter to the Appeals Sub-Committee appointed by the AGM. The member shall be entitled to make representation to the sub-committee personally.

(f) The report of the sub-committee shall be made known to the member concerned and the NE.

25. Winding-up of the affairs of the Union

(a) If a resolution for the dissolution of the Union is approved by 2/3rds of the membership by voting in a ballot, then the NE shall remain in Office until all the affairs of the Union have been wound up.

(b) The Union’s surplus funds and assets, after providing for all liabilities, shall be used for welfare purposes for the benefit of the members. In the event of a deficit being revealed this shall be met by means of a levy on the persons who were members at the end of the calendar month prior to the date on which the resolution for dissolution was passed.

26. Industrial Relations

IT IS THE OVER-RIDING POLICY OF THE UNION THAT NO ACTION WILL BE TAKEN THAT WOULD BE IN CONTRAVENTION OF THE PHARMACY CODE OF ETHICS IN RELATION TO PATIENTS.

Subject to the above paragraph, the following conditions should be applied  –

(a) All stages of conciliation and arbitration must be completed before industrial action may be contemplated by members of the Union.

(b) In matters subject to arbitration no industrial action shall be taken unless an Employer fails to comply with the award of an Arbitrator.

(c) Where there is no provision for arbitration, industrial action can only be taken after a meeting between representatives of the NE and the Company at which the Union has registered a “failure to agree”.

(d) The authority for industrial action lies as follows:-

(i) The NE

Official industrial action which does not include the withdrawal of labour must have written approval of the NE.

(ii) Total Membership

When the action contemplated is a withdrawal of labour by either a specified group of members or by the total membership, approval is required by ballot in accordance with legislation current at the time.

(e) The NE shall be responsible for ensuring that any form of industrial action which is contemplated shall only take place after all statutory requirements have been complied with.

27. Inspection of Register of Members

The Register of Members will be held in accordance with the Data Protection Act and the Transparency of Lobbying, Non-Party Campaigning and Trades Union Administration Act 2014

Any member of the Union shall have the right to inspect the Register of Members within 7 days of the receipt by the Secretary of a written request to do so, provided always that such written request shall set out the reasons for the inspection and these reasons comply with Data Protection legislation.

Any member may make a data subject access request in accordance with Data Protection legislation.

The Register of Members may be disclosed to the appointed scrutineers (a scrutineer on the list approved by the Secretary of State for Employment or the Electoral Reform Society)

28. Formation Arrangements   NO LONGER APPLICABLE – RETAINED FOR
INFORMATION PURPOSES ONLY

FOR THE PURPOSES OF THE FORMATION OF THE UNION THE FOLLOWING CONDITIONS –

  • The requirement for 1 yrs membership shall be waived for the first year.
  • The requirement for a ratio of 1:500 representatives in the Membership Groups will be reduced to 1:200 for the purpose of the first election.
  • The timetable for the first elections will be announced in the October 2007 newsletter.
  • For the first elections of both the RC’s and the directly elected Executive, will require the written agreement of the candidate, one nominee and one seconder only.
  • Members who are elected to a RC normally serve for a 5-year period. (However this process does not apply to Students & Pre Registration Graduates who are elected for a 2-year period). At the start of the first meeting of the group there will be the drawing of lots to decide which half of the Committee stands for 2 years and which half stands for 5 years. Once this has been decided, any subsequent election will be for the same period as the lots have decided. (i.e. if a member draws a lot that decides that they are in the 2 year group, then if they are subsequently elected as an NE Member then their terms of office in those roles will be for 2 years).
  • The above rule does not apply to the Officers who are directly elected by the membership, nor does this rule apply to a Trade Union Official appointed by the Executive.

Appendix 1

Operational/Strategic Constitutional
A1; A2 A3
B
C5; C7; C8 [except C8 (c)]; C9; C10; C6; C8(c)
D11; D13; D14 D12; D15
E16
F17; F18
G19; G20
H22 [excluding (ii)]; H23; H25;            H26 [excluding (d)(ii)]; H27 H21; H22 [excluding (i)] H24; H26 (d)(ii)

 

Appendix 2

Divisional Committees (DC’s)

There will be a DC formed in each company where PDAU has representative rights. This Committee will be considered as a sub-committee of the relevant RC based on the location of the principal UK office of that company.

For instance recognition in Boots would be known as the Boots Division, part of the Midlands Region.

 

Constitution

The DC will reflect the size and geographical nature of the workforce they represent. Normally the DC will be supported by the local RC.  However the make-up of each divisional/regional committee will be decided by the NE.

A quorum shall be one member more than half of the membership of the relative committee.

At the first meeting and annually thereafter, they shall elect from amongst their number a Branch Chair and Secretary to preside over meetings and maintain minutes and records respectively. The term of office will coincide with their term as a representative.

They will be directed by a Trade Union Official who shall be appointed by the NE

They can seek support from the parent RC

Wherever possible the union will seek full or part time seconded representatives.

 

Election of DC Representatives

Any member may be nominated as a representative to the DC, provided they have completed twelve months continuous membership of the Union or twelve months employment by the company, or a subsidiary of the Company that has been transferred by either TUPE or Share Transfer.

Elections shall be held at the commencement of the DC and then coincide with the main PDAU elections. The person appointed will assume their duties on the 1st day of the following month and serve for a period of 5 years.

Nominations shall be in writing signed by two members and must be received by the Membership Secretary not less than 21 days prior to the date of the election and must be accompanied by written confirmation by the nominee of his/her willingness to accept  nomination. In an election every member, other than a member disqualified from voting shall be entitled to vote.

Voting shall be by ballot in accordance with union rules

If an elected representative ceases to be qualified for membership of the DC an election for a successor will take place and the person elected shall take up office immediately and shall serve for the balance of the unexpired term. Provided always, that in the event of the representative ceasing to be qualified as aforesaid less than six months prior to the date upon which his/her term of office expires, no election need be held and the power of co-option may apply.

The DC shall elect from amongst their number a delegate or delegates to accompany the seconded representative to attend the RC.

In the case of all other ballots that are specified by statute, then the NE, where appropriate, shall take those steps necessary to comply with the relevant statute(s).

 

Function of the DC

The DC shall meet usually after the RC Meeting and before a JCNC Meeting. In addition a meeting may be called by the seconded representative or the appointed Trade Union Official or more than 50% of the DC.

Resolutions debated at the DC shall be decided, where appropriate, by a majority of votes. Any DC member unable to attend may submit a proxy in writing to the Secretary. The Chair or in his/her absence the person chairing the meeting, shall not have a casting vote.

Consider all matters affecting the members brought to its attention in writing, by any member or

by a DC Representatives attending the meeting.

Refer to the DC/JCNC any matter raised, discussed and passed at the RC

Review on a regular basis the ratio of representatives to members considering the size and nature of the workforce and recommend any change to the Executive. (Dependant on the size of the company the DC may create Branch Councils to ease communication with the membership)

Appoint sub-committees made up of members of the DC to study relevant matters and provide them with a clear direction as to their remit.

Arrange suitable training for representatives.

Take any action consistent with the Rules to further the interests of its members.

Recommend to the RC any rule change that affects the RCl or DC.

 

Administration of the DC

The DC shall regulate its own affairs subject to the Objects and Rules of the Union.

The Chair shall:

  1. Preside at all meetings of the DC and attend other meetings of the Union by invitation or request.
  1. In the absence of a full time seconded representative, normally be the first point of contact between the Company and the DC on local issues only.
  1. Be responsible for ensuring the duties delegated to others for the proper running of the DC are performed.

The Secretary shall:

  1. In the absence of the Chair will assume all the roles of the Chair.
  1. Issue a Notice of Meetings to all Members of the DC at least fourteen days before the date of the Meeting (unless all available members of the DC waive such Notice) and Notice shall be deemed to have been given.

The accidental omission to give Notice of a Meeting or the non-receipt of a Notice of a Meeting by any person entitled to receive Notice shall not (automatically) invalidate the proceedings at that meeting.

  1. Issue within 7 days of the meeting an Agenda in respect of the DC to all ordinary members within the company in order that they may advise their representative of any topic they wish to be discussed at that meeting. For the purposes of the Information & Consultation Regulations, the Notice of Meeting will be made public to non-members.
  1. Prepare Minutes of DC Meetings in time for submission to the RC only – a précis of the Meeting will be made available to all members (and staff under any applicable ICE Regulations).
  1. A copy of all Notices and Minutes shall be sent to the NE and the RC
  1. Refer all items that require authorisation and payment to the Treasurer of the Core Union.

Decisions shall generally be made by agreement, but if two or more DC Representatives request a vote, it shall be by hand, with each member of the DC having one vote.

Any DC representative absent from more than two consecutive meetings shall be required to furnish an explanation and unless a satisfactory explanation is received the position shall be declared vacant by the Committee.

 

Negotiating Team JCNC

The negotiating team shall normally consist of 3 people – the full time seconded representative, the trade union official or their deputies and one other from the DC.

The full time seconded representative shall normally be the principal point of contact with the company and sign the minutes any JCNC meetings or other minutes relating to meetings with the Company

The appointed trade union official/seconded representative will normally lead discussions with the company.

 

General

Should any instance appertaining to the running of the DC not be covered by appendix 2 then the normal rules of the union shall apply.

Elections shall be held in accordance with Section E Rule 16 of the rules of the union.

 

The Pharmacists' Defence Association is a company limited by guarantee. Registered in England; Company No 4746656.

The Pharmacists' Defence Association is an appointed representative in respect of insurance mediation activities only of
The Pharmacy Insurance Agency Limited which is registered in England and Wales under company number 2591975
and is authorised and regulated by the Financial Conduct Authority (Register No 307063)

The PDA Union is recognised by the Certification Officer as an independent trade union.

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