Rules part 4: Ballots and Elections

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PART IV : BALLOTS AND ELECTIONS

 

19. SPECIAL BALLOTS OF MEMBERS


19.1 For the purpose of exercising any power required to be exercised by a special meeting of the Union, a special meeting shall be:


19.1.1 A postal ballot of all the members of the Union entitled to vote on the question in issue; or


19.1.2 A special meeting or meetings of the members of the Union entitled to vote on the question in issue. 

 
19.2 Postal Ballots


19.2.1 The National Secretary, or as appropriate a senior designated paid official, shall appoint a returning officer to conduct the ballot.


19.2.2 The returning officer shall conduct the ballot by posting a ballot paper to each member eligible to vote at his/her address noted in the  register of members.


19.2.3 The ballot paper shall show the question in issue and indicate clearly the method by which a vote may be cast.


19.2.4 The ballot paper shall also show the address for the return of the paper, and the closing date of the ballot, which shall be not less than 14 days after the posting of the ballot paper.

 
19.3 Ballots at Special Meetings

 
19.3.1 The meeting or meetings at which the ballot is to be conducted shall be called by a senior designated paid official, who shall appoint a returning officer to conduct the ballot.


19.3.2 The members entitled to vote on the issue in question shall be given not less than 21 days' notice of the meeting or meetings.


19.3.3 Provision shall be made for special votes for members in circumstances where the returning officer is satisfied that attendance to vote at a meeting would cause the member hardship or undue inconvenience; provided that:

(a) Any member who applies to cast a special vote shall make that application at least 14 days before the day of the special meeting at which the ballot is to be held.

(b) The ballot paper shall be issued at least 7 days before the day of the meeting.

(c) The returning officer shall inform the member of the time by which it must be returned, which time shall be no later than noon on the day of the special meeting or of the last special meeting in the case of a series of special meetings.

 

20. RATIFICATION BALLOTS


20.1 The terms of settlement of any collective agreement negotiated by the Union, and any proposal for the variation of an existing collective agreement, shall be ratified by the members who would be covered by the collective agreement, or affected by the variation, according to the following procedures.

 
20.2 Collective agreements

 
20.2.1 The terms of settlement of the collective agreement shall be made available to all employees who would be covered by the collective agreement.


20.2.2 The question of whether the settlement is ratified shall be determined by ballot of those employees, who shall be given reasonable opportunity to participate in the ballot.


20.2.3 The question shall be determined by a simple majority of those employees who vote in the ballot; unless the employees have determined before the commencement of negotiations that a higher majority is required for ratification, in which case that higher majority shall apply when the ballot is conducted.

 
20.3 Variations

 
20.3.1 The terms of the proposed variation shall be made available to all employees who would be affected by the variation.


20.3.2 The question of whether the variation is ratified shall be determined in the manner provided for in the collective agreement.

 
21. SECRET BALLOT ON QUESTION OF STRIKE

No strike shall take place unless the question has been submitted to a secret ballot of those members who would become parties to the strike if it proceeded.

 
22. ELECTIONS

Subject to Rule 24 (Casual Vacancies) all elections provided for in these rules shall be conducted under the provisions of this Rule.

 
22.1 Nominations for National Positions

 
22.1.1 The National Executive shall call for nominations for the positions of:

  • National President
  • Senior Vice-President
  • Junior Vice-President
  • National Secretary (when required)
  • National Executive Member Postal and Logistics industry

 

And in respect of each region, the positions of:

  • Senior Regional Convener
  • Regional National Executive members
  • Regional Conference delegates
  • Regional industry council representatives

 

22.1.2 Subject to Rule 22.2, any financial member of the Union shall be eligible to seek election to these positions, except that only financial members within the postal and logistics industry shall be eligible to seek election to the position of National Executive Member Postal and Logistics industry.

 

22.2 Restriction on Nominations

 
22.2.1 No member shall be eligible for nomination to two offices or positions on the same body at the same time except that a Senior Regional Convener may at the same time be National President, National Senior Vice-President or National Junior Vice-President but shall relinquish the ex-officio National Executive position, which shall be taken by another member selected by the relevant Committee of Regional Officers (as provided in Rule 14.5.4) from amongst the region's delegate forum conveners.


22.2.2 Where the office or position is representing members in a specified region or industry, any member nominating a candidate must be employed in that region or industry.


22.2.3 All persons nominated for any position shall be required to sign a declaration on the nomination form that they will uphold the rules of the Union.

 

22.3 Calling of Nominations

Nominations for the positions set out in rules 22.1 shall be called by way of notice in an edition of Metal magazine published in February of the year in which the election is being held and by any other means determined by the National Executive, including by notice on the union's website or other electronic means.  A copy of the edition of Metal magazine shall be posted to every member at his/her address noted in the register of members.


22.4 Returning Officers


22.4.1 When nominations are called the National Executive shall appoint a returning officer who is not a candidate to conduct the elections.  The returning officer, once appointed, may appoint such deputy returning officers as he or she considers necessary to conduct any elections for positions elected on a regional basis.


22.4.2 The returning officer and any deputy shall:

 

(a) Ensure that all nominations are proposed and seconded by financial members; and

(b) Ensure that all nominees are financial members and are properly nominated; and

(c) Ensure that the nominees have signed their consent and declaration on the nomination form; and

(d) At the close of nominations, submit a report on all nominations received.

 

22.4.3 If the number of valid nominations for a position or positions does not exceed the vacancies, the returning officer shall declare those nominated to be elected. If the number of valid nominations exceeds the number of vacancies, the returning officer shall conduct an election.


22.5 Ballot Papers


22.5.1 The ballot paper for each election held by postal ballot shall show:

  • The position for which the election is being held
  • The names of the candidates for the position
  • The method by which a vote may be cast
  • The address for return of the ballot papers; and
  • The final date for return of the ballot papers, which shall be not less than 14 days after the posting out of ballot papers.


22.5.2 The ballot paper shall be accompanied by any statements provided by candidates under Rule 22.6.

 
22.6 Statements by Candidate

22.6.1 All candidates may write a statement of not more than 250 words on what, in their opinion, the position entails and their reasons for seeking election. This statement shall be a positive statement and must not denigrate other candidates or Union policies. Each candidate may also provide in digital form a photograph of him/herself to accompany his/her statement.

22.6.2
Candidates' statements and photographs will be posted on the Union's website and will be posted out with ballot papers.

22.6.3 Other than the candidate statement provided for above, no other statement, publication, leaflet or advertisement shall be made by any person whether in support of or opposition to any candidate or proposal subject to election.

 

 

 
22.7 Conduct of Ballot

 
22.7.1 The returning officer shall post a ballot paper to each member eligible to vote in the election at his/her address noted in the register of members.


22.7.2 As soon as possible after the closing of the ballot, the returning officer shall count the votes and declare the result of the Ballot.


22.7.3 Any candidate may appoint a member who is not a candidate as a scrutineer to observe the ballot count.


22.7.4 Where two or more candidates receive the same number of votes the returning officer shall determine by lot which candidate is elected.


22.7.5 The Union shall ensure that all ballot papers, lists and other documents received or prepared in connection with the election are kept for one year after completion of the election.

 

22.8 Supervising Role of National Executive

Notwithstanding anything in these Rules the National Executive shall maintain a supervising role over Union elections and may, as it thinks necessary, call for nominations and conduct all or any of the elections provided for in these Rules.

 
23. LABOUR PARTY  AND COUNCIL OF TRADE UNIONS REPRESENTATIVES

 
23.1 The National Executive shall be responsible for appointing Union representatives to New Zealand Labour Party and Council of Trade Unions structures and functions at national level.

 
23.2 The National Executive or a sub committee or delegate of it, after consulting Delegate Forums where appropriate, shall be responsible for appointing Union representatives to New Zealand Labour Party and Council of Trade Unions structures and functions at regional and electorate level.

 
24. CASUAL VACANCIES


24.1 Where a vacancy occurs in an office or position before the time for election or appointment to that office occurs, as set out in these Rules, whether the vacancy occurs by reason of death, resignation, removal from office or other reason, that office or position shall be casually vacant.

 
24.2 In the case of a casual vacancy occurring in a position, other than a Principal Officer, the position shall be filled in the following manner:

 
24.2.1 The next highest polling candidate for the position in the most recent election shall be offered the position and, if he/she accepts, shall be appointed to it for the remainder of the term.

 
24.2.2 If the candidate referred to in Rule 24.2.1 declines the position the next highest polling candidate shall be offered it and, if he/she accepts, shall be appointed to it for the remainder of the term.

 
24.2.3 Where there is no next highest polling candidate, or no other candidate accepts the vacant position, the National Executive or the Committee of Regional Officers (as provided in Rule 14.5.4) whichever is appropriate, shall have the power to co-opt or appoint an appropriate member to fill the vacant position for the remainder of the term.


24.2.4 In determining an appropriate member to co-opt or appoint to a casual vacancy the National Executive or Committee of Regional Officers (as provided in Rule 14.5.4) shall take account of the following:

(a) Whether the vacancy arises in relation to an industry-specific position, and the suitability of the person to fill that position; and

(b) The mix of skills and experience remaining on the body or representative group in question.

 
25. PRINCIPAL OFFICERS


25.1 The Principal Officers of the Union shall be the National President, the Senior Vice-President, the Junior Vice-President and the National Secretary.

 
25.2 The National President, Senior Vice-President and Junior Vice-President shall be elected at two-yearly intervals by secret ballot of Conference. The National Secretary shall be elected at four-yearly intervals by secret ballot of Conference.

 
25.3 Casual Vacancies

 
25.3.1 If a casual vacancy occurs or is about to occur in any one or more of the offices of the National President, Senior Vice-President or Junior Vice-President, the remaining members of the National Executive may appoint any financial member to hold the vacant office and may take such other actions as they see necessary to ensure continuity of performance of the duties and functions of the National Office for up to six months until the election of a new officer can be carried out in accordance with the Rules.


25.3.2 If a casual vacancy occurs in the office of National Secretary then the National Executive shall conduct a postal ballot of conference delegates to elect a successor; provided that the National Executive may appoint any financial member (other than one being or intending to be a candidate for the office at the forthcoming election) to hold the vacant office for up to 6 months and may take such other actions as they see necessary to ensure continuity of performance of the duties and functions of the National Office until the election of a National Secretary can be carried out in accordance with this Rule.


25.4 Assistant National Secretaries

The National Executive may appoint such Assistant National Secretaries as it deems fit and on such terms as it deems fit.

  1. When the National Executive wishes to make an appointment to a position of Assistant National Secretary, the position shall be advertised in Metal magazine and by such other means as the National Executive thinks fit.
  2. Applicants for the position shall be considered by a panel consisting of the Principal Officers, a Senior Regional Convener and two National Executive members.  The panel will act as an advisory group to the National Secretary who will have ultimate responsibility for making the appointment.
  3. The National Executive shall determine, by ballot if necessary, which other National Executive members will be part of the panel.
  4. The National Secretary shall be responsible for ensuring that the panel is properly constituted and that it carries out its functions according to this Rule.

 

26. REGIONAL OFFICERS AND POSITION HOLDERS


26.1 Senior Regional Convener

The Senior Regional Convener shall be elected at two-yearly intervals by secret postal ballot of all financial members in the Region.

 
26.2 Regional National Executive Members

Regional National Executive members shall be elected at two-yearly intervals  by secret postal ballot of all financial members in the Region.

 
27. TENURE OF OFFICE

 
27.1 Members elected to a position or office under these rules shall assume office at the commencement of the first meeting of the body to which they are elected following the final declaration of the result of the election or secret ballot, as the case may be, except that the Principal Officers shall assume office at the conclusion of the Biennial Conference or the declaration of the postal ballot at or under which they are elected.


27.2 Members holding a position or office shall continue until a duly elected member assumes office in accordance with rule 27.1.