- Conference
- 2018 National Delegate Conference
- Date
- 23 February 2018
- Decision
- Carried
Delete the current Rule J and replace with:
“J The Political Fund
The rules of the Political Fund set out in sections 1-2 below apply to all members regardless of when they joined the Union. The particular rules which apply to members who joined the Union before 1st March 2018 are set out in section 3. The particular rules which apply to members who joined the Union on or after 1 March 2018 are set out in section 4.
1 Rules for the political fund
1.1 The objects of UNISON-The Public Service Union (hereafter “the Union”) shall include the furtherance of the political objects to which section 72 of the Trade Union and Labour Relations (Consolidation) Act 1992 applies, that is to say, the expenditure of money:
(a) on any contribution to the funds of, or on the payment of any expenses incurred directly or indirectly by, a political party;
(b) on the provision of any service or property for use by or on behalf of any political party;
(c) in connection with the registration of electors, the candidature of any person, the selection of any candidate or the holding of any ballot by the Union in connection with any election to a political office;
(d) on the maintenance of any holder of a political office;
(e) on the holding of any conference or meeting by or on behalf of a political party or of any other meeting the main purpose of which is the transaction of business in connection with a political party;
(f) on the production, publication or distribution of any literature, document, film, sound recording or advertisement the main purpose of which is to persuade people to vote for a political party or candidate or to persuade them not to vote for a political party or candidate.
1.2 Where a person attends a conference or meeting as a delegate or otherwise as a participator in the proceedings, any expenditure incurred in connection with her/his attendance as such shall, for the purposes of paragraph (e) above, be taken to be expenditure incurred on the holding of the conference or meeting.
1.3 In determining, for the purposes of paragraphs (a) to (f) above, whether the Union has incurred expenditure of a kind mentioned in those paragraphs, no account shall be taken of the ordinary administrative expenses of the Union.
1.4 In these objects:
CANDIDATE means a candidate for election to a political office and includes a prospective candidate;
CONTRIBUTION, in relation to the funds of a political party, includes any fee payable for affiliation to, or membership of, the party and any loan made to the party;
ELECTORS means electors at any election to a political office;
FILM includes any record, however made, of a sequence of visual images, which is capable of being used as a means of showing that sequence as a moving picture;
LOCAL AUTHORITY means a local authority within the meaning of section 270 of the Local Government Act 1972 or section 235 of the Local Government (Scotland) Act 1973;
POLITICAL OFFICE means the office of Member of Parliament, Member of the European Parliament or member of a local authority or any position within a political party.
2 Administration of the fund
2.1 Any payments in the furtherance of such political objects shall be made out of a separate fund of the Union (hereinafter called the Political Fund) which shall consist of two distinct Sections:
(a) the General Political Fund Section, to be known as the Campaign Fund; and
(b) the Affiliated Political Fund Section, to be known as UNISON Labour Link.
2.2 The administration of each section of the Political Fund shall be the responsibility of the National Executive Council which shall delegate this responsibility to the exclusive control of two separate Committees which shall, in the case of the General Political Fund Section, be known as the General Political Fund Committee and consist of members of the National Executive Council who in accordance with these rules are contributors to the General Political Fund Section and, in the case of the Affiliated Political Fund Section, be known as the National Labour Link Committee and consist of 12 members of the National Executive Council elected by members of the National Executive Council who in accordance with these Rules are contributors to the Affiliated Political Fund Section and paid up individual members of the Labour party and one representative elected from each Region (save for Northern Ireland) who in accordance with these rules are contributors to the Affiliated Political Fund Section and paid up individual members of the Labour Party.
2.3 Payments from the General Political Fund Section shall be made to promote the Union’s political objects, provided that no contribution from this section of the fund shall be made to the funds of a political party.
2.4 Any branch with members contributing to the General Political Fund Section shall be eligible to apply for financial support from this section of the fund. The same shall apply to any Service Group, Self-organised Group, Sector or Region having members contributing to the General Political Fund Section.
2.5 Payments from the Affiliated Political Fund Section shall be made to promote the Union’s political objects, provided that no expenditure from this section of the fund shall be made on behalf of or in the interests of any candidate or any representative who has not been officially adopted by the Labour Party (or, in the case of the Isle of Man, the Manx Labour Party).
2.6 Any member who pays a political contribution may, on joining the Union or at any point thereafter, elect whether to contribute to the General Political Fund Section or to the Affiliated Political Fund Section or to both and shall make known her/his election on a form approved for the purpose by the National Executive Council.
2.7 Members can elect to contribute to both sections of the political fund. In the case of a member who joined before 1 March 2018 who elects to contribute to both the General Political Fund Section and the Affiliated Political Fund Section, she/he shall from the date on which her/his election takes effect select to which Section of the fund s/he wishes to have her/his contribution made by deduction from her/his subscription. Any contribution to the other Section of the political fund shall be made by way of an additional levy to be paid annually or at such shorter intervals as the National Executive Council may determine and shall in any event be equal to the annual value of the contributions relevant to their subscription band (See Schedule A: rates of subscription and section 3.8 below). A member who joins on or after 1 March 2018 can contribute to both sections by selecting which section of the fund they wish to opt in to at the point at which they join the union (in accordance with section 4 below), and then undertaking to pay an additional levy for the other section of the fund (See Schedule A: rates of subscription and section 4.13 below).
2.8 A member who is exempt from the obligation to contribute to the political fund of the union shall not be excluded from any benefits of the union, or placed in any respect either directly or indirectly under any disability or disadvantage as compared with other members of the union (except in relation to the control or management of the political fund) by reason of his/her being so exempt.
2.9 If any member alleges that s/he is aggrieved by a breach of any of these rules for the political fund, being a rule or rules made pursuant to section 82 of the 1992 Act, s/he may complain to the Certification Officer, and the Certification Officer, after making such enquiries as they think fit and after giving the complainant and the union an opportunity of being heard, may, if they consider that such a breach has been committed, make such order for remedying the breach as they think just in the circumstances. Any such order of the Certification Officer may, subject to the right of appeal provided by section 95 of the 1992 Act, be enforced in the manner provided for in section 82(4) of the 1992 Act.
2.10 Contribution to the political fund of the union shall not be made a condition for admission to the union.
2.11 The union shall include in the annual return that is submitted to the Certification Officer details of political expenditure as required by section 32ZB of the 1992 Act.
2.12 The union shall ensure that a copy of the political fund rules is available, free of charge, to any member of the union who requests a copy.
3 Rules that apply to members that joined the union before 1 March 2018 and to political funds set up before 1 March 2018
Notice to members
3.1 As soon as is practicable after the passing of a resolution approving the furtherance of such political objects as an object of the Union, the National Executive Council shall cause a notice in the following form to be given to all members of the Union.
Notice to Members
Trade Union and Labour Relations (Consolidation) Act 1992 (as amended)
A resolution approving the furtherance of political objects within the meaning of the above Act as an object of the union has been adopted by a ballot under the Act. Any payments in the furtherance of any of those objects will be made out of a separate fund, the political fund of the union.
Every member of the union has a right to be exempt from contributing to that fund. A form of exemption notice can be obtained by or on behalf of any member either by application at, or by post from, the head office or any branch office of the union or from the Certification Office for Trade Unions and Employers’ Associations, Lower Ground Floor, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX. This form, when filled in, or a written request to the like effect, should be handed or sent to the secretary of the branch to which the member belongs.
3.2 This notice shall be published in the union’s all-member journal, which it is the practice of the union to use when information of general interest to all its members needs to be provided to them.
Request for exemption (excluding Northern Ireland)
3.3 Any member of the Union may at any time give notice on the form of exemption notice specified in rule 3.4 below, or by a written request to like effect, that she/he objects to contribute to the political fund. A form of exemption notice may be obtained by, or on behalf of, any member, either by application at, or by post from, the Head Office or any branch office of the Union or from the Certification Office for Trade Unions and Employers’ Associations, Lower Ground Floor, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX.
3.4 The form of exemption notice shall be as follows:
UNISON-The Public Service Union Political Fund Exemption Notice
I hereby give notice that I object to contribute to the political fund of UNISON and am in consequence exempt, in the manner provided by Chapter VI of Part 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 from contributing to that fund.
Print name…………………………………
Signature . . . . . . . . . . . . . . . .
Name of Branch . . . . . . . . . . . . . . . . . . . . . . . . . .
Address . . . . . . . . . . . . . . . . . . . . . . . . . .
Date . . . . . . . . . . . . . . . . . . . . . . . . . .
3.5 Any member of the Union may obtain exemption by sending such notice to the secretary of the branch to which the member belongs and, on receiving it, the secretary shall send an acknowledgment of its receipt to the member at the address upon the notice, and shall process the exemption as soon as reasonably practicable.
Manner of giving effect to exemption
3.6 On giving such notice a member of the Union shall be exempt, so long as her/his notice is not withdrawn, from contributing to the political fund of the Union, where the notice is given:
(a) Within one month of the giving of Notice to Members in rule 1 following the passing of a political resolution on a ballot held at a time when no such resolution is in force, as from the date on which the exemption notice is given; or
(b) In any other case, as from 1st January next after the exemption notice is given.
3.7 The National Executive Council shall give effect to the exemption of members to contribute to the political fund of the Union by relieving any members who are exempt from the payment of part of any periodical contributions required from the members of the Union towards the expenses of the Union as hereinafter provided, and such relief shall be given as far as possible to all members who are exempt on the occasion of their making the same periodical payment.
3.8 For the purpose of enabling each member of the Union who joined the Union before 1 March 2018 to know as respects any such periodical contribution what portion, if any, of the sum payable by her/him is a contribution to the political fund, it is hereby provided that for members who joined the union before 1st March 2018, the contribution to the political fund shall be equivalent to 6.5 per cent of their subscription to the union as set out in Schedule A: rates of subscription. If a member has elected to pay contributions to both sections of the political fund pursuant to rule 2.7 above they will pay the same amount, equivalent to 6.5 per cent of their rate of subscription, to each section of the political fund.
4 Rules that apply to members that joined the union on or after 1 March 2018 and to political funds set up on or after 1 March 2018
Opting in by union members to contribute to the political fund
4.1 A member cannot be required to make a contribution to the political fund of the Union unless they have given notice of their willingness to contribute to that fund (an “opt-in notice”).
4.2 A member of a trade union who has given an opt-in notice may withdraw that notice by giving notice to the union (a “withdrawal notice”).
4.3 A withdrawal notice takes effect at the end of the period of one month beginning with the day on which it is given.
4.4 A member of a trade union may give an opt-in notice or a withdrawal notice:-
(a) by delivering the notice (either personally or by an authorised agent or by post) at the head office or a branch office of the union;
(b) by sending it by e-mail to the following email address politicalfundadmin@unison.co.uk;
(c) by completing an electronic form provided by the union which sets out the notice and sending it to the union by electronic means with instructions by the union.
(d) by any other electronic means prescribed under the 1992 Act (as inserted by the 2016 Act) Information to members about opting in to the political fund.
Information to members about opting in to the political fund
4.5 The union shall take all reasonable steps to secure that, not later than the end of the period of eight weeks beginning with the day on which the annual return of the union is sent to the Certification Officer, all the members of the union are notified of their right to give a withdrawal notice.
4.6 Such notification may be given:- (a) by sending individual copies of it to members; or (b) by publicising this information in the union’s all-member journal, which it is the practice of the union to use when information of general interest to all its members needs to be provided to them.
4.7 The notification may be included with the statement required to be given by section 32A of the Trade Union and Labour Relations (Consolidation) Act 1992.
4.8 A trade union shall send to the Certification Officer a copy of the notification which is provided to its members in pursuance of this section as soon as is reasonably practicable after it is so provided.
4.9 Where the same form of notification is not provided to all the members of the union, the union shall send to the Certification Officer a copy of each form of notification provided to any of them.
4.10 If any member alleges that s/he is aggrieved by a breach of any of these rules for giving information to members about opting into the political fund, being a rule or rules made pursuant to section 84A of the 1992 Act, s/he may complain to the Certification Officer. Where the Certification Officer is satisfied that the union has failed to comply with a requirement of section 84A of the 1992 Act the Officer may make such order for remedying the failure as they think just under the circumstances. Before deciding the matter the Certification Officer:-
(a) may make such enquiries as the Officer thinks fit;
(b) must give the union, and any member of the union who made a complaint to the Officer regarding the matter, an opportunity to make written representations; and
(c) may give the union, and any such member as is mentioned in clause (b), an opportunity to make oral representations.
Manner of giving effect to decision not to contribute to political fund
4.11 The union shall give effect to the members decision not to contribute to the political fund by a separate levy of contributions to that fund from the members who are contributors.
4.12 Any form (including an electronic form) that a person has to complete in order to become a member of the union shall include:-
(a) a statement to the effect that the person may opt to be a contributor to the fund; and
(b) a statement setting to the effect that a person who chooses not to contribute to the political fund shall not, by reason of not contributing, be excluded from any benefits of the union or be placed in any respect either directly or indirectly under a disability or at a disadvantage as compared with other members of the union (except in relation to control of the political fund).
4.13 For members who joined the union on or after 1st March 2018, the contribution to the political fund shall be equivalent to 5 per cent of their membership subscription to the union, paid as an additional levy on top of their membership subscription set out in Schedule A: rates of subscription. If a member has elected to pay contributions to both sections of the political fund pursuant to rule 2.7 above they will pay the same amount, equivalent to 5 per cent of their rate of subscription, to each section of the political fund.
5. NORTHERN IRELAND
5.1 Under Article 59 of the Trade Union and Labour Relations (Northern Ireland) Order 1995
no Northern Ireland member of the Union shall be required to make any contribution to the political fund of the Union unless she/he has delivered, as provided in Rule J.5.4, to the Head Office or some branch office of the Union, a notice in writing, in the form set out in Rule J.5.2, of her/his willingness to contribute to that Fund, and has not withdrawn the notice in the manner provided in Rule J.5.3. Every member of the Union who has not delivered such a notice or who, having delivered such a notice, has withdrawn it in the manner provided in Rule J.5.3, is to be deemed for the purpose of these Rules to be a member who is exempt from the obligation to contribute to the political fund.
5.2 The form of notice of willingness to contribute to the political fund is as follows:
Form of political fund contribution notice – Northern Ireland
I hereby give notice that I am willing, and agree, to contribute to the political fund of UNISON, and I understand that I shall in consequence, be liable to contribute to that Fund and shall continue to be so liable, unless I deliver to the head office or some branch office of the union, a written notice of withdrawal. I also understand that after delivering such a notice of withdrawal I shall still continue to be liable to contribute to the political fund until the next following first day of January.
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name of Branch: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payroll or Membership Number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.3 If at any time a member of the Union, who has delivered such a notice as is provided for in Rules J.5.1 and J.5.2, gives notice of withdrawal thereof, delivered as provided in Rule J.5.4, to the Head Office or at any branch office of the Union, she/he shall be deemed to have withdrawn the notice as from the first day of January next after the delivery of the notice of withdrawal.
5.4 The notices referred to in Rules J.5.1, J.5.2 and J.5.3 may be delivered personally by the member or by an authorised agent of the member, and any notice shall be deemed to have been delivered at the Head Office or branch office of the Union if it has been sent by post properly addressed to that office.
5.5 The National Executive Council shall give effect to the statutory exemption of Northern Ireland members to contribute to the political fund of the Union by making a separate levy of contributions to that fund from those Northern Ireland members who have provided written consent of their willingness to contribute:
.1 in the case of members who contribute to the General Political Fund Section an amount equal to 3 per cent of their contribution to the Union.
.2 in the case of members who contribute to the Affiliated Political Fund Section an amount equal to 6.5 per cent of their contribution to the Union.
No moneys of the union other than the amount raised by such separate levy shall be carried to the political fund.
5.6 Northern Ireland members who are statutorily exempt from the obligation to contribute to the political fund of the Union shall not be excluded from any benefits of the Union, or placed in any respect either directly or indirectly under any disability or disadvantage as compared with other members of the Union (except in relation to the control or management of the political fund) by reason of their being exempt.
5.7 Contribution to the political fund of the Union shall not be made a condition for admission to the Union.
5.8 If any Northern Ireland member alleges that she/he is aggrieved by a breach of any of the rules made pursuant to Article 59 of the Trade Union and Labour Relations (Northern Ireland) Order 1995 (as amended) (“the 1995 Order”) she/he may complain to the Northern Ireland Certification Officer: 10-12 Gordon Street, Belfast, BT1 2LG, under Article 57(2) to (4B) of the 1995 Order. If, after giving the complainant and a representative of the Union an opportunity to be heard, the Certification Officer considers that a breach has been committed, he may make an order for remedying it as he thinks just in the circumstances. Under Article 70(4)(b) of the 1995 Order an appeal against any decision of the Certification Officer may be made to the Court of Appeal on a question of law.
5.9 Additionally, if any Northern Ireland member alleges that she/he is aggrieved by a breach of the political fund rules made pursuant to Section 82 of the Trade Union and Labour Relations (Consolidation) Act 1992 she/he may complain to the GB Certification Officer: Certification Office for Trade Unions and Employers’ Associations, Lower Ground Floor, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX.
If, after giving the complainant and a representative of the Union an opportunity of being heard, the GB Certification Officer considers that a breach has been committed, he may make an order for remedying it as he thinks just in the circumstances. Any such order of the GB Certification Officer is subject to the right of appeal provided for by section 82(4) of 1992 Act.”