Amalgamated Union Of Public Employees

The Management of the Union shall be vested in the Executive Council.

Subject to the provisions of Rule 36 and Rule 37, the Executive Council shall be elected by the Triennial Delegates' Conference from among the candidates nominated by the Branches. The actual number shall be decided by the Executive Council before each Triennial Delegates' Conference as follows: -

For purpose of Rule 34.2(i) above, each Branch Committee shall appoint one person from among themselves to be the Executive Councillor. Such person shall preferably be its Branch Chairman or Secretary, and shall be deemed to be elected as Executive Councillor.

All Executive Councillors elected in accordance with Rules 34.2, 36 and 37 of the Constitution shall remain in office until the next Triennial Delegates' Conference and shall be eligible for re-election.

In the case of full time officers or employees of the Union who in the opinion of the Executive Council have the ability and experience to hold the post of General Secretary, the Executive Council may nominate such full time officer or employee of the Union for the post of General Secretary. Such nominee need not be a delegate nor be a member of the Union.

The Executive Council, on the advice of the General Secretary and in consultation with the President and the Vice Presidents, shall nominate suitable persons who shall either be fully paid-up members or delegates or employees of the Union as candidates for the posts of Deputy General Secretaries, Assistant General Secretaries, Secretaries, General Treasurer and Assistant Treasurers. The Triennial Delegates' Conference shall then elect them in accordance with the numbers provided for in Rule 34.2 above.

In the event of death, incapacity, resignation or for reason that he is no longer an Ordinary Member of the Branch Committee, his vacant position in the Executive Council as Executive Councillor shall be filled by a member of the Branch Committee which he comes from. The Branch Committee shall make the nomination to the General Secretary.

The regular meetings of the Executive Council shall be held quarterly in the months of July, October, January and April. The quorum for Executive Council meetings shall be 25% of the members, or 30 members, whichever is the lesser. In the event of there being insufficient members so as to constitute a quorum, the meeting shall be postponed for thirty minutes after which the members present shall form the quorum and only the business of the Agenda shall be dealt with. A special meeting may be called by the General Secretary or at the request of any eleven members of the Executive Council. In case of extreme urgency, the General Secretary may submit business to the Executive Council by circular letter addressed to all members of the Council. The decision on such business shall be recorded in the minutes and confirmed at the next meeting.

Every question at meeting of the Executive Council shall be decided by a majority of votes and if the votes are equal the Chairman of the meeting shall have a casting vote.

Any member of the Executive Council in his current term of office absents without satisfactory excuse from two consecutive duly summoned meetings of the Executive Council, or any sub-committee thereof, shall be deemed to have vacated his seat. The proceedings of the Executive Council shall not be invalidated by any vacancy in its number.

The Executive Council shall have general control of the business of the Union, and shall carry out the national policy as determined by the Triennial Delegates' Conference. It shall in all things act for and in the name of the Union, and all acts and orders under the powers delegated to the Executive Council shall have the like force and effect as the acts and orders of the Union at the Triennial Delegates' Conference. The Executive Council shall have power to make regulations to meet the special circumstances of any case subject to report to the next Triennial Delegates' Conference.

It shall see that the Rules are properly observed, and shall decide upon any point on which the Rules are silent, such decision after having been notified to all Branches shall be binding on every member or body of members until revoked by the next Triennial Delegates' Conference.

The Executive Council shall supply, free of charge, forms for membership application and other related forms, and a reasonable supply of printed stationery for each Branch, or for the use of the Union.

Members of the Executive Council may attend any Branch meetings and take part in the proceedings, but shall not, as such, have the right to vote. They may only vote as a member of the Branch to which they belong.

All books, properties and documents belong to the Union and not to the Branches, and the Executive Council shall have power, where it deems it necessary in the interest of the Union, to demand that such books, properties and documents held by a Branch shall be either delivered up to the Executive Council or to any officer of the Union appointed by the Executive Council.

The Executive Council shall be empowered to institute legal proceedings against any member or members of the Union who withhold any books, property or monies, or wrongfully or fraudulently use any monies belonging to the Union.

The Executive Council shall be empowered to remove from office any officer or to expel any member who in its opinion has been guilty of injuring or attempting to injure the Union or of acting contrary to its interests.

The Executive Council shall appoint special auditors for the examination of the books and accounts of any Branch of the Union whenever it may deem this necessary and if dissatisfied with same may take whatever action which it may deem necessary in the interests of the Union.

The Executive Council shall have power to make grants for any purpose deemed by the Executive Council to be in support of Trade Union or working class objects, always subject to statutory restrictions imposed on the use of Trade Union Funds.

It shall be the function of the Executive Council to sanction delegations of members of the Union or paid officials to other organisations for the purpose of furthering mutual interest.

The Executive Council is empowered to make arrangements for any paid official or member of the Union to represent the Union on National or International bodies to which the Union is affiliated or any such bodies as may be deemed necessary in the interest of the members.

Any paid official or member of the Union shall not serve on behalf of AUPE or represent AUPE in organisations to which the Union is affiliated unless prior approval of the General Purposes Committee or Executive Council has been obtained.

The Executive Council shall have power to set-up committees and sub-committees for special purposes and to draw terms of references for the same if necessary.

The Executive Council on the joint advice of the General Secretary, General Treasurer and Deputy General Secretaries shall appoint such functional officers who shall be known as Assistant Secretaries and shall discharge such duties as may be directed by the General Secretary. These Assistant Secretaries shall remain in office until the next Triennial Delegates' Conference and they may participate in Executive Council meetings without the powers to vote.