Branch Constitution
Fri, 11/21/2008 - 21:37 — admin
APPENDIX to National Constitution
STANDARD BRANCH RULES
COMPULSORY STANDARD RULES
It shall be compulsory for any grouping applying for admission to NTESU for a Certification of Affiliation to include the following in the Branch rules.
DEFINITIONS
Any definitions contained in this Constitution shall be applied in respect of Branch Rules; Branch Rules may add to, but not alter, those definitions.
BRANCH FORMATION
A.1 Any grouping of employees at an institution of tertiary education as allowed in paragraph 2.1 or as defined in the Definitions for this Constitution rnay as prescribed in section 13 of this Constitution apply for a Certificate of Affiliation to NTESU.
A.2 A Branch receiving a Certificate of Affiliation shall within one (1) month of receipt thereof convene an Inaugural General Meeting.
A.2.1. Such meeting will elect Branch Office Bearers according to the composition described in 13.4.1 of this Constitution. The Office Bearers shall be as follows:
Branch Chairperson
1 Vice Chairperson for Durban
1 Vice Chairperson for Pietermaritzburg
(Under the National Constitution 13.4.3 - 1 shall be for Academic Affairs and 1 for General Staff Affairs)
Branch Treasurer
Branch Secretary
11 other elected members : 5 from Durban Campus, 5 from Pietermaritzburg campus, 1 from Medical School
In addition the branch committee shall automatically co-opt any branch members, not already elected to the Executive, who are elected representatives for non-professorial academic staff on the Natal University Senate.
A.2.2 Branch Office Bearers elected under A.2.1 shall hold office until the Branch Annual General Meeting.
A.3 The Branch shall be subject to the provisions of this Constitution which shall override any Branch Institutional Rules.
BRANCH CONTROL
A.4 The Branch Annual General Meeting shall be the highest decision making structure of the Branch which may only be overruled by a ballot of all the Branch members where a majority of those voting agree with the motion or resolution being voted on.
A.4.1 The Branch Annual General Meeting may override any decisions taken by the Branch Office Bearers and may issue any procedures, policies and mandates binding the Branch Office Bearers.
A.4.2 Control of the Branch shall be exercised through the following in this order of precedence:
Branch Annual General Meeting
Branch Office Bearers
Branch Union Representatives (where established)
BRANCH ANNUAL GENERAL MEETING AND SPECIAL GENERAL MEETINGS
POWERS AND FUNCTIONS
A.5 The Branch Annual General Meeting shall have, but not be limited to, the following functions and powers
A.5.1 to amend, support or reject any decision of the Branch Office Bearers.'
* to elect the Branch Office Bearers in the manner required under section 7.2 of this Constitution;
* to formulate the policy of the Branch and to decide on appropriate programmes of action;
* to consider reports from the Branch Chairperson, Branch Treasurer and Branch Secretary;
* to consider audited accounts presented by the Branch Treasurer, and choose auditors for the following financial period;
* to determine subscriptions payable by members in accordance with section 12 of this Constitution and the needs of the Branch;
* to make amendments to the Compulsory Branch Institutional Rules in accordance with section A.38-, A.5.8;
* to do whatever it deems necessary to advance the aims and objectives of the organisation and the Branch.,
A.5.9 to consider any matter or business, written motions or resolutions proposed by members of the Branch from the floor during the conduct of a Branch Annual General Meeting;
A.5.10 to consider the suspension or, recommended termination, of any member or Office Bearer subject to sections 9, 10 and 11 of this Constitution.
COMPOSITION
A.6 The Branch Annual General Meeting shall consist of the Branch Office Bearers, Branch Union Representatives and Ordinary members of the Branch.
MEETINGS AND MEETING PROCEDURES
A.7 Meetings of the Branch Annual General Meeting shall normally be chaired by the Branch Chairperson.
A.7.1 In the event that that person is not available to act in this capacity one of the Vice-chairpersons shall act in the stead of that person but they shall alternate. In the prolonged absence of the Branch Chairperson this person shall act as Branch Chairperson.
The Branch Annual General Meeting shall meet once per year.
AGENDA AND CONDUCT
A.8 Meetings shall be conducted according to accepted practice of conducting meetings according to a previously disseminated agenda after items under Any Other Business have been called for and added.
A.8.1 Agenda items for Branch Annual General Meetings shall be lodged with the Branch Secretary at least ten (10) working days before the date fixed for the meeting.
An agenda for the Branch Annual General Meeting shall reach each member at least seven (7) working days before the date fixed for the meeting.
Motions or resolutions must be submitted in writing, indicating the proposer's and seconder's names and signatures and the year of the Branch Annual General Meeting to which it is being submitted, to the Branch Secretary either by post at least three (3) working days before the date of the meeting or, during the conduct of such a meeting. The Branch Secretary will assign the motion or resolution a unique number.
The presiding Chairperson may rule on matters of procedure, prescribe time limits for debate or speaking to motions or, resolutions or, speaking in response. The meeting may elect, on a duly seconded motion gaining a majority vote, to overrule such decisions.
QUORUM
A.9 The quorum for a Branch Annual General Meeting shall be subject to the rule established under Compulsory Branch Institutional Rules but a minimum of 10 percent of the membership is set. A written power to exercise a proxy vote on behalf of any not present member shall be counted into the quorum, provided the proxy voter is present at the time.
A.9.1 The meeting shall adjourn if a quorum is not reached within thirty (30) minutes of the time set for starting the meeting.
A.9.2 In the event of an adjournment under A.9.1 the meeting shall reconvene within fourteen (14) working days but not later than twenty (20) working days from the date of the adjournment.
A.9.3 A meeting reconvened under A.9.2will be quorate.
VOTING
A.10 Members in good standing shall have the right to cast one vote each in respect of any voting taking place at a Branch Annual General Meeting. Failing being in good standing such members will be observers. A written power to exercise a proxy vote on behalf of any not present member is allowed provided the proxy voter is present at the time.
A.10.1 Voting shall be by ballot on an appropriate voting form specifying: the year of the Branch Annual General Meeting, the motion or resolution number, blocks providing for a vote for, against or abstaining from the voting.
A. 10.2 Any vote unless otherwise required elsewhere in these Branch Rules shall be carried by a simple majority.
A. 10.3 A vote shall be considered spoilt if more than one voting block has been or appears to have been marked.
A.10.4 The meeting Chairperson shall have a casting vote.
A. 10.5 The Secretary may appoint one or more of the members to act as scrutineer for any vote. No scrutineer, unless specifically appointed as an independent person, shall scrutineer more than one vote at any meeting.
A.11 A member not in good standing and observing may petition, with motivations, to be accorded speaking rights which right may be granted by consensus of a quorate meeting.
A. 11.1 The times, circumstances and restrictions on these rights shall also be decided by consensus.
MINUTES
A.12 Minutes of the Branch Annual General Meeting shall be taken in an appropriate manner by the Branch Secretary or, Branch Administrative Office staff under the direction of the Branch Secretary and, shall be disseminated to the members within one (1) month of the meeting.
A.12.1 Minutes of a Branch Annual General Meeting shall be stored for three years.
A.12.2 Minutes shall be ratified at the next Branch Annual General Meeting.
BRANCH SPECIAL GENERAL MEETINGS
A. 13 A Branch Special General Meeting, to address urgent issues, may be called under the following conditions:
A.13.1 if the Branch Office Bearers deem it necessary to hold a Branch Special General Meeting they shall propose, with motivations, to the members that such a Meeting be held, propose an agenda and present any known motions, resolutions, proposals or petitions to be presented to that Special General Meeting;
A. 13.2 if half, or more, of the total Branch membership petitions the Branch Office Bearers to convene a Branch Special General Meeting, providing reasons and a draft agenda and any proposed motions, resolutions, petitions or proposals for the consideration of the membership, the Branch Office Bearers must make arrangements and convene a Branch Special General Meeting within ten (10) working days of the receipt of that petition;
A. 13.3 the proposal of a Branch Special General Meeting shall be transmitted to the members at least three (3) working days before the date fixed for the meeting;
A.13.4 the Branch Special General Meeting shall only address the items submitted in the above manner (A. 13. 1; A. 13.2) during its proceedings, no other business, motions, resolutions, proposals or petitions will be discussed.,
A. 13.5 the rules governing quorum, voting rights, voting procedure and minute taking shall be the same as for a Branch Annual General Meeting except that no proxy voting shall be allowed.
BRANCH OFFICE BEARERS
POWERS AND FUNCTIONS
A.14 The Branch Office Bearers shall have the following functions
A.14.1 attend and, report to as required , the Branch Annual General Meeting on the activities of the Branch Office Bearers.,
A. 14.2 to enter into any lawful general agreements (subject to ratification by the National Office Bearers or the National Congress) in furtherance of the aims, objectives and activities of the Branch and the organisation;
A. 14.3 open and operate Branch banking accounts; invest surplus Branch funds; employ, define the functions of and, discharge Branch staff under the emoluments and conditions and terms of service defined by the National Office Bearers or a National Congress;
A. 14.4 they shall ensure that proper banking, sound and proper accounting and responsible investment strategies are adhered to, as directed by the National Treasurer, National Office Bearers or National Congress;
A. 1 4.5 admit to the Branch individuals granted membership of the organisation by the General Secretary of the organisation;
A. 14.6 attend to organisational tasks and functions and ensure these are effectively and efficiently executed;
A.14.7 convene the Branch Annual General Meeting and any Branch Special General Meeting in accordance with sections A.5 to A. 13;
A.14.8 set up sub-committees and the terms of reference of such, to further the aims of membership and the organisation. These may be separate working groups on issues affecting particular sectors of the membership;
A. 14.9 appoint or nominate persons to represent the Branch and its members at negotiations, discussions or liaisons with any legally constituted body, employer body directly related to, or an employer body of an institution affiliated to, the Branch's institution, on any matter relating to the interests of the membership or the organisation or, employees in general of such institutions.
A.14.10 take any lawful decisions in accordance with the aims, objectives and policies of the organisation;
A. 14.11 appoint a Branch Election Officer from amongst the membership who shall where required to organise any postal ballot according to section 1 5 of this Constitution;
A.14.12 to co-opt any NTESU member in a non-voting advisor capacity;
A. 14.13 to institute, defend and lor support any legal actions, negotiations or disputes between members and employers or any other body or individual, within the means of the organisation and under the guidance of the National Office Bearers through the General Secretary.
ELECTION TO OFFICE
A. 15 The Branch shall at its Branch Annual General Meeting elect Branch Office Bearers according to the outline provided in section 13 paragraph 13.4.1 and voting shall be according to 13.4.2.
A.15.1 Branch Office Bearers shall hold office from one Branch Annual General Meeting to the next Branch Annual General Meeting.
A. 15.2 The Branch Office Bearers shall take office immediately on completion of the voting for such Office Bearers.
A. 15.3 The Branch Office Bearers shall be able to co-opt any member to a vacancy on the committee however that vacancy was created.
The co-opted person shall hold office for the unexpired part of the period of office of the Office Bearers.
A.15.4 In the event that a Branch Office Bearer who has been removed from office in terms of A. 16 below appeals against this removal, such co-opted person shall not take office until any appeal under section 1 1 of this Constitution has reached a conclusion.
REMOVAL FROM OFFICE
A.16 Any Branch Office Bearer completely failing to perform the duties ascribed to them or, who is found by the other Branch Office Bearers to be guilty of gross misconduct in managing the affairs of the organisation, may be removed from that office by a majority vote of the remaining Branch Office Bearers. Such person shall immediately vacate the position and the vacancy so created shall be filled by co-option and that co-opted person shall hold full right and office for the unexpired term of the outgoing person.
A.16.1 Hearings related to the charge of misconduct or dereliction of duty shall be according to the rules of natural justice, and recorded on audio tape and transcribed in full under similar conditions as in paragraph 9.4 of this Constitution and be stored for three years after the final resolution of the issue.
A.16.2 Appeal against any decision shall follow the rules stated in section 1 1 of this Constitution.
BRANCH OFFICE BEARERS MEETINGS
MINUTES
A. 17 The Branch Office Bearers shall meet every month or, at any other time as the Chairperson or, any others of the committee might deem necessary, at a time and place determined amongst themselves.
A.17.1 Notice, and the agenda, of Branch Office Bearers meetings shall be delivered, under the direction of the Branch Secretary at least five (5) working days prior to the date fixed for the meeting.
A.17.2 Any extra-ordinary meeting of the Branch Office Bearers shall be notified by reasonable notice as the urgency of the matter might suggest.
A.17.3 Minutes of the Branch Office Bearers meeting shall be taken by or under the direction of the Branch Secretary, in a format determined by that person, and
A.17.3.1 be distributed within ten (10) working days of the date of the meeting;
A. 17.3.2 be ratified at the next meeting of the Branch Office Bearers;
A. 17.3.3 be signed as ratified by the Branch Chairperson and the Branch Secretary.
A.17.3.4 be stored for at least three years.
QUORUM
A.18 The Branch Office Bearers Meeting shall be quorate if 50 percent of their number is present at the start of the meeting.
A.18.1 The Branch Office Bearers meeting shall remain quorate for the duration of the meeting
A. 18.2 The meeting shall adjourn if a quorum is not reached within twenty (20) minutes of the time set for starting the meeting.
A.18.3 ln the event of an adjournment under A.18.2 the meeting shall reconvene within five (5) working days but not later than ten (10) working days from the date of the adjournment.
A. 18.4 A meeting reconvened under A. 18.3 will be quorate,
GENERAL OPERATIONS
A.19 Meetings of the Branch Office Bearers shall normally be chaired by the Branch Chairperson
A.19.1 ln the event that that person is not available to act in this capacity one of the Branch Vice-chairpersons shall act in the stead of that person but they shall alternate. In the prolonged absence of the Branch Chairperson this person shall act as Branch Chairperson.
A. 19.2 In the event of any of those persons referred to in A. 19. 1 above not being available to act in this capacity the remaining Branch Office Bearers shall elect a person from amongst themselves to act. In the prolonged absence of the Branch Chairperson this person shall act as Branch Chairperson
A.20 The functions of the Branch Chairperson or, acting chairperson shall include
A.20.1 attending the meetings of the Branch Union Representatives Committee if one has been established
A.20.2 signing any agreements or instruments, with the Branch Secretary and any others as required to witness on behalf of the Branch membership;
A.20.3 attending the meetings of any Workplace Forum as may have been formed according to the Labour Relations Act No. 66 (1995);
A.20.4 co-sign the financial statements and balance sheets of the Branch with the Branch Treasurer.
A.21 The functions of the Branch Secretary shall include:
A.21.1 giving direction to the Branch Administrative Office staff where a Branch Administrative Office has been established and, coordinating the negotiation of agreements and sign, with the Branch Chairperson, such agreements on behalf of the Branch Membership;
A.21.2 ensuring that appropriate and open office practices are pursued by the Branch Administrative Office staff in the day-to-day operation of the Branch Administrative Office;
A.21.3 ensuring that the official notifications for Branch Office Bearers meetings, Branch Annual General and Special General Meetings and any other meetings of a Branch nature are tirneously and correctly dispatched and, table minutes or other documents and correspondence for the notice of, and/or ratification of any such by, any of the meetings of these;
A.21.4 attend to such correspondence as is directed to the Branch Secretary's office either by the correspondent or, the Branch Administrative Office;
A.21.5 attend to any other business as directed by the Branch Chairperson or, the Branch Office Bearers or, a Branch Annual General Meeting;
A.21.6 to act in the absence of the Branch Chairperson until the next Branch Office Bearers meeting and a decision under paragraph A.19.1 is taken.
A.22 The functions of the Branch Treasurer shall include
A.22.1 keep proper books of account including statements of income and expenditure and balance sheets reflecting the true nature of finances at the Branch and submit these to the Branch Annual General Meeting subject to A.22.2 and A.22.3 below;
A.22.2 ensure that the requirements of this Constitution and these Branch Rules and any other requirement of the National Congress, National Treasurer, Branch or national auditors or Branch Office Bearers for financial control are met;
A.22.3 submit the above to an audit and to the National Treasurer on an annual basis
A.22.4 co-sign Branch financial instruments and documents;
A.22.5 endorse the payment of any accounts.
BRANCH FINANCIAL CONTROL, ASSETS, LIABILITIES AND OBLIGATIONS
A.23 The Branch shall submit to the National Treasurer an account of income and expenditure six months after each Branch Annual General Meeting and within one month of the Branch Annual General Meeting a final audited balance sheet for the Branch.
A.23.1 The Branch shall submit to the National Treasurer an inventory of assets, whether fixed or moveable, each year with the audited balance sheet.
A.23.2 The Branch Treasurer shall, subject to the general controls and mechanisms contained in section 16 be in control of the finances of the Branch.
A.23.3 The Branch Office Bearers shall appoint three signatories to current and other banking accounts one of whom shall be the Branch Treasurer.
A.23.4 Any financial instrument or document relating to Branch financial matters shall be co-signed by any two of these signatories
BRANCH UNION REPRESENTATIVES
A.24 Where the Branch membership is less than 300 the Branch Office Bearers shall be considered to be trade union representatives in accordance with the definition provided in and, allocated according to Chapter III: Section 14(2) of the Labour Relations Act No. 66 (1995)
A.25 Where membership is more than 300 a separate committee of Branch Union Representatives will be established allocated according to Chapter Ill Section 14(2) of the Labour Relations Act No. 66 (1995) except that the Branch Vice-Chairpersons and the Branch Secretary shall ex officio be members of the Branch Union Representatives committee and these positions shall be deducted from the total calculated allocation
A.26 In the event that a Branch Union Representatives Committee is formed the Branch Office Bearers shall demarcate constituencies, subject to ratification by the Branch Annual General Meeting, for the differing sectors of the workplace such that each constituency holds equal representation. In the event of an uneven number of representatives being calculated according to the Labour Relations Act no. 66 (1995) then the remainder position shall be allocated to the largest constituency.
A.27 Notwithstanding the establishment of a Branch Union Representatives Committee, the other Branch Office Bearers and the National Office Bearers shall have the status of trade union representatives, though these shall not further be deducted from the total calculation of representatives.
A.28 The Branch Union Representatives shall be nominated and where more than one nomination has been made elected by postal ballot from within each constituency as formulated by the Branch Office Bearers and ratified by the Branch Annual General Meeting
A.29 The Branch Union Representatives Committee shall normally be Chaired by one of the Vice-chairpersons, in alternation and in the absence of both of these persons by a person nominated and appointed by consensus from amongst the Branch Union Representatives present.
A.30 A Branch Union Representatives Committee meeting will be held a least once per month, at a time and day before the Branch Office Bearers meeting so as to better coordinate the flow of information and business between the two.
A.31 A Branch Union Representatives Committee shall be quorate provided that no less than seven (7) of the members are present at the time of starting the meeting and through the duration of the meeting.
A.32 There shall be no decision- or policy- making power for the Branch Union Representatives Committee, however it may discuss any issue or topic as allowed by Chapter III:Section 14 paragraph 4 of the Labour Relations Act No. 66 (1995) and by consensus it may either, refer the matter to the Branch Office Bearers with recommendations for action, or, arrive at a method, or way, of resolving any issue, conflict or dispute at the point of concern
A.33 None of the powers or functions allocated to trade union representatives by the labour Relations Act No. 66 (1995) shall be diminished by anything contained in these Branch Rules or this Constitution
A.34 The Branch Union Representatives Committee shall elect from amongst themselves a Branch Union Representatives Secretary who shall be responsible for agenda announcements, minute taking and minute reporting under the direction of the Branch Secretary. This person shall be considered to be the Branch Assistant Secretary and will if required to assist the Branch Secretary with any business and act as Branch Secretary in that person's absence,
A.35 The Branch Union Representatives Secretary shall not be a Branch Office Bearer except in as much as that person might temporarily act in the stead of the Branch Secretary at any time.
A.36 Minute taking shall be subject to the same rules and time-scales as those for Branch Officie Bearers meetings.
A.36.1 All minutes and proceedings of the Branch Union Representatives Committee shall be forwarded to the Branch Secretary and Branch Office Bearers within five (5) working days of being ratified.
BRANCH DISSOLUTION AND AMALGAMATIONS
A.37 An NTESU branch may only be dissolved by a quorate Branch Annual General Meeting or Special General Meeting subject to agreement of at least 75 percent of all members in good standing at the Branch. All members must receive at least thirty (30) days notice in writing of any resolution to dissolve the Branch. If the Branch is dissolved, its assets cannot become the property of any Office Bearer or staff member of that Branch
A.37.1 The dissolution process shall be conducted under the executive guidance of the National Office Bearers and the Branch auditors and in terms of the Labour Relations Act No. 66 (1995).
A.37.2 The Branch Annual General Meeting or Special General Meeting dissolving the Branch shall relieve the Branch Office Bearers of their obligations and posts and elect a Dissolution Committee to assist the National Office Bearers and the Branch's Auditors with the dissolution process. The Dissolution Committee shall accede to the demands of the auditors and make any decisions required by the Liquidators as appointed by the Auditors without referral to the
outgoing membership.
A.37.3 No Branch Office Bearer shall be precluded from being elected to the Dissolution Committee.
A.37.4 The Certification of Affiliation certificate and all Membership cards shall be returned to the General Secretary for cancellation.
The liquidated monetary, moveable and fixed material assets of the Branch shall become the property of NTESU and, be handed to the National Office Bearers on dissolution or, cancellation of the Certificate of Affiliation, of the Branch.
A.37.2 An NTESU Branch may amalgamate itself with any other Branch or, more than one other Branch within the workplace in which they exist, by decision of a quorate Branch Annual General Meeting or Special General Meeting of the Branch subject to agreement of at least 75 percent of all members in good standing of the Branch.
A.37.2.1 Such amalgamation shall be according to, but not limited to, these conditions
A.37.2.1.1 that its members become equal members within the new partnership;
A.37.2.1.2 that no equality of assets or liabilities or "buying in" levy is sought from either side before any agreement can be concluded;
A.37.2.1.3 that the scope of membership representation and business of the new Branch is expanded accordingly.
AMENDMENTS TO COMPULSORY BRANCH INSTITUTIONAL RULES
A.38 These Compulsory Branch Institutional Rules can only be amended in one of
the following ways.
A.38.1 by a vote at a quorate Branch Annual General Meeting or Branch Special General Meeting, the rules of voting for which shall be the same as under 5.5 above and where 75 percent of the members present at the time of voting vote in favour of the amendment;
A.38 .2 by a postal ballot, in accordance with section 15 above, and where 75 percent or more of the votes cast by the members in good standing and eligible to vote are in favour of the amendment.
COMPULSORY BRANCH INSTITUTIONAL RULES
It shall be compulsory for any grouping applying for admission to NTESU for a Certification of Affiliation to include the following in the Branch rules giving consideration under these guidelines to appropriate mechanisms for the particular needs of the workplace at that intended Branch
Branch Membership Scope
In accordance with section 13 each Branch shall establish within its Branch Institutional Rules the scope of membership of the Branch such that there shall be no overlap with any other Branch of the organisation at the same institution and so that there shall only be demarcation by category or categories of staff.
The scope of membership shall not discriminate against any person, gender of person, race or creed nor, discriminate against anyone as defined generally in the Labour Relations Act No. 66 (1995)
Branch Annual General Meeting Quorum
Each Branch shall establish a level of quorum appropriate to the number of members in good standing as it may see fit subject to A.9 above. Any other rules under section 9 shall remain in operation.
Branch Recognition Agreement
Each Branch shall negotiate an agreement of recognition, which will be deemed to be a collective agreement, with the employer in the workplace which recognises the NTESU Branch as a representative agent of the members of NTESU.
This agreement may contain sections and clauses as recommended by the National Office Bearers, govern the levels of representativeness, type of representation (agency or closed shop), the general relational mechanisms and areas of representation, the conduct of relations and business and any other aspect of the relationship between employer and employee as allowed by the Labour Relations Act No. 66 (1995) or as would extend the rights, and terms and conditions of service of the membership at that Branch or enhance the efficiency and harmony of the workplace.
No Recognition Agreement shall diminish any right, organisational or otherwise accorded to members of NTESU by the Labour Relations Act No. 66 (1995) or any other law relating to employee and employer relations of any kind.
Should a recommended Recognition Agreement be devised by the National Office Bearers or the National Congress this may form the basis of negotiations at the workplace.
All Recognition Agreements and other collective agreements affecting the rights and terms and conditions of employment shall be submitted to and be subject to the scrutiny of the National Office Bearers.
Branch Members Disciplinary Code
Each Branch shall establish a disciplinary code which is appropriate to the nature of the institution and the Branch's membership, fair in its treatment of all members and be consistent with the provisions for hearings and appeals contained in this Constitution and with the provisions of the Labour Relations Act No. 66 (1995),
Branch Sectoral Disputes and Strike or Protest Actions
Each Branch shall establish rules governing the participation of sectors outside the sector in which the dispute is centred to the extent that
(a) these do not prescribe that secondary sectoral action is required except if that section has also been balloted and the ballot agrees to participation being mandatory on that sector;
(b) if the issue is in and, of, general interest to all the members, regardless of defined sector, constituency, or Branch of NTESU at that institution and, general strike or protest action is balloted among all the members of the Branch, then it shall be mandatory upon all members to participate;
(c) provided that none of the provisions for dispute resolution as laid down in the Labour Relations Act No. 66 (1995) is avoided or violated;
(d) provided the conditions of section 14 of this Constitution are not diminished by the Branch rules.
Such rules as devised under this section shall also be considered to be a collective agreement in terms of the Labour Relations Act No. 66 (1995).
Last Updated ( Friday, 08 February 2008 )