In accordance with Article 14.0(a) of the Constitution of the Ghana Mineworkers’ Union of Trades Union Congress, these Regulations are made this 16th day of December 2008.
PART 1: EXPULSION FROM THE UNION
1. Where the conduct of a member(s) contravenes the provisions of the Constitution and the Internal Regulations, the Branch Union shall write to query such a member(s) and demand due compliance with the provisions of the Constitution and the Internal Regulations.
2. The Branch/Professional & Managerial Staff Unions (PMSU) through the General Secretary shall refer the matter to the Management Committee after the member has refused to comply with the provisions of the Constitution.
3. The Management Committee through the General Secretary shall recommend to the National Executive Council for the expulsion of such a member.
PART 2: APPORTIONMENT OF UNION DUES
1. Apportionment of Union dues shall be in accordance with Article 6 of the Constitution.
2. In the case of Trades Union Congress, its apportionment of 3% dues shall be 10%.
3. In the case of the Union and its Branch/PMS Unions the apportionment of the dues shall be 60% and 30% respectively.
PART 3: BANK ACCOUNT AND MANDATORY SIGNATORIES
1. The authorized signatories to the Accounts of the Union at any particular time shall be the General Secretary, National Chairperson and the 1st Trustee.
2. In the absence of any of the above, his alternate shall be enough for any bank to honour any cheques issued by the Union.
PART 4: CONFERENCE OFFICIALS
Officials of the Conference shall be:
a. General Secretary
b. Deputy General Secretary
c. National Chairperson
d. 1st National Vice Chairperson
e. 2nd National Vice Chairperson
f. 1st National Trustee
g. 2nd National Trustee
h. National Porter /Chaplain
i. Heads of Departments
j. Any Member of Staff so appointed by the General Secretary
k. Returning Officers
PART 5: CONFERENCE SECRETARIAT
1. The General Secretary of the Union shall be Secretary to the Delegates’ Conference. He shall be assisted in this regard by the Deputy General Secretary.
2. The General Secretary shall appoint members of the Secretariat attending the Conference and shall be responsible for their work.
PART 6: LANGUAGE OF CONFERENCE
a. Official Language of the Conference shall be English and or any other Ghanaian Language that the Conference may decide.
b. Any International Observer wishing to speak in a foreign language shall do so and an interpretation shall be made into the official language of the Conference.
PART 7: PREPARATIONS TOWARDS DELEGATES CONFERENCE
a. All resolutions, motions and proposals for constitutional amendments shall be sent by the Branch/Professional and Managerial Staff Unions to the General Secretary not later than three months before the opening of the Conference.
b. The General Secretary shall compile and prepare the draft documents on resolutions, motions and proposals for constitutional amendments and new policy directives and send them back to the Branch/Professional and Managerial Staff Unions at least one month before the opening of the Conference.
c. Branch/Professional and Managerial Staff Unions shall send comments on any such document back to the General Secretary two clear weeks before the commencement of the Conference.
d. Notwithstanding the provisions above, Conference may accept emergency motions if the Standing Orders Committee recommends that they are of urgent nature and could not have been submitted within the stipulated time.
PART 8: PLENARY SESSION OF THE DELEGATES CONFERENCE
a. The plenary session of the Delegates’ Conference shall be kept public except in cases, which it is expressly decided to the contrary by the Conference. b. Seating arrangements in the Conference shall be the responsibility of the General Secretary.
PART 9: GENERAL PROVISIONS CONCERNING CONFERENCE COMMITTEES
There shall be general provisions concerning Conference Committees as follows:
a. The following shall be entitled to attend meetings of such Committees:
i. Members duly appointed to serve on the Committee
ii. A member of staff appointed by the General Secretary to work with the Committee
iii. An advisor appointed by the Committee
iv. All such persons other than members duly appointed to serve on the Committee shall have the right to speak but not to vote.
b. The sittings of a Committee shall be private
c. Voting in a Committee shall be by show of hands
d. A Committee shall appoint its own Chairperson, Secretary and/or Rapporteur among its members.
e. A Committee shall have the right to invite any one of the Conference Officials, or a Representative of a Branch/Professional and Managerial Staff Unions to the sitting only for the purpose of clarification and for assistance in resolving an issue.
f. Two-thirds (2/3) of the members shall form a quorum.
PART 10: FUNCTIONS OF CONFERENCE COMMITTEES
The functions of the Conference Committees shall be as follows:
a. It shall
i. prepare a list of persons attending the Conference;
ii. certify the status of members attending the Conference;
iii. report to the Conference on the voting powers of the Branches/PMSUs;
iv. consider any objections to the credentials of members.
b. Any objections raised to the sitting of any member shall be submitted to the Credentials Committee. Pending final decision by the Conference on his/her admission, any member to whose sitting an objection has been raised shall enjoy full rights as a member.
c. Branch/Professional and Managerial Staff Unions shall hand the credentials of their members to the General Secretary who shall submit them to the Credentials Committee.
d. The report of the Credentials Committee shall be considered by the Conference immediately after submission to the Chairperson.
e. No business of Conference shall be carried out until the adoption of the report of the Credentials Committee.
2. STANDING ORDERS COMMITTEE
The Standing Orders Committee shall:
i. Fix the time for plenary session;
ii. Present and explain the Standing Orders to the Conference
iii. Consider the provisional agenda drawn up by the Conference Secretariat and recommend a final agenda for the Conference
iv. Receive and make proposals with respect to any motions or resolutions not embodied in the printed draft documents of the Conference;
v. Make proposals on the composition, terms of reference and other matters relating to the setting up of a Committee or Committees not previously provided for;
vi. Ensure that no printed or written matter other than official Conference documents are circulated within the precincts of the Conference without the express consent of the Standing Orders Committees.
3. RESOLUTIONS COMMITTEE
The Resolution Committee shall:
i. Receive and consider draft resolutions and policy directives before the Conference;
ii. Present final drafts for the consideration and adoption of Conference.
4. CONSTITUTION COMMITTEE
The Constitution Committee shall receive and consider proposed amendments, suggestions and recommendations before
the Conference from Branch/Professional and Managerial Staff Unions and/or General Secretary and make recommendations to Conference for adoption.
5. ELECTION COMMITTEE
The Election Committee shall:
i. Receive and examine all nominations from the Branch/Professional and Managerial Staff Unions as submitted by the Returning Officer and verify their validity.
ii. Propose the method and procedure of voting for the consideration and adoption of Conference
iii. Ensure that only eligible members vote
iv. Decide and make recommendations on all matters of security, which are relevant to the proper and orderly conduct of the elections to the plenary
v. Supervise all elections of the Conference.
PART 11: STANDING ORDERS
The business of the Delegates Conference shall be taken in the Order as appearing on the agenda, subject to the recommendation of the Standing Orders Committee and of the approval of the Conference.
PART 12: RULES AND REGULATIONS
a. Every representative who wants to speak shall raise up his/her hand until he/she is called by the Chairperson to speak.
b. The representative shall address the Chair.
c. If the Chairperson raises or calls a representative to order or for any other purpose connected with the proceeding, the member speaking shall thereupon cease and no other representative shall speak until the Chairperson has authorized the discussion to proceed.
d. No person shall speak more than once on the same subject unless otherwise agreed by the Chairperson, except however, that the rapporteur of any Committee shall have the right to reply at the close of the debate. The mover of a motion, resolution or amendment except on point of order or procedure shall have the same right.
e. The General Secretary shall have the right to speak at all times on any Subject.
f. Speeches and motions shall be limited to a maximum duration of five (5) minutes and three (3) minutes respectively.
g. Should the Chairperson consider that there is no real difference of opinion among the members, he/she shall have the power to close the debate.
h. The Chairperson may require a speaker to stop speaking if his remarks are not relevant to the subject under discussion.
i. The Chairperson reserves the right subject to majority decision to suspend or expel any member from the meeting immediately and the remainder of the session who in the opinion of the Delegates Conference misconduct himself/herself and thereby stifles the smooth working order of the Delegates Conference agenda.
j. The decision of the Chairperson on any point of order shall be final.
k. Any member at any time may draw attention to the fact that the standing orders or any provision of this Constitution is not being ob served and the Chairperson shall give an immediate ruling on any questions so raised.
l. No delegate shall leave the Conference room without permission from the Chair.
PART 13: MOTIONS, RESOLUTIONS AND AMENDMENTS
a. No motion, resolution or amendment shall after it has been moved, be discussed unless it has been seconded.
b. If there are several amendments to a motion or resolution, the Chairperson shall determine the order in which they shall be discussed and put to vote
c. When an amendment is made to an original motion, no second amendment shall be discussed until the first amendment is disposed off.
d. If any amendment is carried, it shall displace the original motion and itself becomes a substantive motion and thereupon any amendment may be moved thereto.
e. A motion may be withdrawn by the mover unless an amendment to be under discussion or has been adopted. Any other member may move any motion so withdrawn without previous notice.
f. A motion challenging the Chairperson’s ruling on any matter shall be put to vote immediately after the member has been allowed to speak in favour of such a motion and one other member against it.
g. Motions of procedure may be moved verbally and without notice and shall include the following:
i. Motion to refer the matter back to a Committee;
ii. Motion to postpone consideration of a question;
iii. Motion to adjourn a sitting;
iv. Motion to adjourn a debate on a discussion;
v. Motion to vote on a subject under discussion;
vi. Motion that the Conference proceeds with the next agenda;
vii. A motion on procedure shall be put to vote immediately after the Chairperson has allowed one member to speak in favour of it and one against;
h. No resolution passed by the Ordinary Delegates Conference shall be rescinded or amended at the same meeting at which it was passed except the next Conference.
i. Any delegate may for stated purposed move for the suspension of a standing order. The motion on being seconded shall forthwith be put to the Conference without debate or amendment and if two-thirds (2/3) of Delegates present vote in favour thereof the motion for the suspension shall immediately take effect.
PART 14: VOTING
a. Voting on issues shall be by show of hands
b. The Chairperson at his/her discretion may decide that a secret ballot be considered.
c. A secret ballot shall also be held at the request of one third (1/3) of the accredited Delegates registered
d. Each accredited Delegate shall have one vote.
e. At the request of two-thirds (2/3) of the accredited Delegates a roll call vote shall be taken.
f. In event of a roll call each Branch/Professional and Managerial Staff Union delegation shall cast its vote as a unit on the basis of the membership it represents.
b. In the event of voting being equal, the Chairperson shall ask the whole session to recess to allow for consultations. In event that after the recess the vote is still equal, the Chairperson shall the right to cast his vote on the subject.
PART 15: MAJORITY
The Conference shall endeavour to secure the widest possible measure of agreement rather than the carrying of simple majorities except on matters for which the Constitution set other requirements.
PART 16: GENERAL RULE
The provisions of the Standing Orders shall apply to Committee meetings of the Delegates Conference, and National Executive Council, the Management and Finance Committees and all other meetings of the Union or the Branch/Professional and Managerial Staff Unions.
PART 17: NATIONAL EXECUTIVE COUNCIL
a. Representatives from each Bran/Professional and Managerial Staff Unions shall be the Chairperson a, Secretary, who are automatic members, the Vice Chairperson, Assistant Secretary, 1st and 2nd Trustee and any other Executive member where appropriate.
b. The meeting of the National Executive Council shall be convened by the Management Committee and it may invite any member of the Union or Officers or Staff to the meeting for the purpose of clarifying a point or helping to resolve an issue or otherwise.
c. A report of the meeting of the National Executive Council shall be sent to each member of the Council and to each Executive Committee of a Branch/Professional and Managerial Staff Unions through its Secretary.
PART 18: REMOVAL OF NATIONAL OFFICERS
1. In cases of proven dishonesty, gross misconduct, abuse of office, incompetence, disrespect for National Executive Council, breach of oath of Office and any other act that may bring the name of the Union into disrepute, the National Executive Council shall suspend an officer pending the final decision of Conference.
2. Where a National Officer is suspended pending the final decision of Conference, Conference mush convene not later than twelve (12) months from the date of suspension of such an officer.
3. Any National Officer shall be removed from office by two-thirds (2/3) majority of votes cast by Delegates at Conference on proven dishonesty, gross misconduct, abuse of office, incompetence, disrespect for the National Executive Council, ill-health of inability to retain office or for breach of oath of office and any other act that may bring the name of the Union into disrepute.
4. In cases of ill-health and infirmity of mind, the National Executive Council shall temporarily relieve a National Officer of his/her duties when it is proven by medical report from a Medical Board, which has been constituted by the National Executive Council for that purpose.
i. A full time National Officer who is temporarily relieved of his/her duties as a result of ill-heath after exhausting the paid sic leave under the Conditions of Service, shall be entitled to half (1/2) of his/her salary pending final decision of Conference.
ii. In the case of part-time National Officer, the national Executive
Council shall decide on an appropriate financial package for him/her after exhausting the paid sick leave under the Conditions of Service of his/her Company.
PART 19: STANDING COMMITTEES OF NATIONAL EXECUTIVE COUNCIL
a. There shall be established Standing Committees namely, Education, Socio-Economic, Welfare, Health, Safety and Environment and Political.
b. Each Standing Committee shall be made up of not less than seven members who shall be members of the National Executive Council.
c. The Secretaries to the Standing Committees shall be appointed by the General Secretary.
d. Each Standing Committee shall meet at least once before every National Executive Council meeting.
e. Each Standing Committee shall meet at least once before every National Executive Council meeting.
PART 20 – EDUCATION COMMITTEE
The Education Committee shall:
a. Monitor and ensure the implementation of the Union’s Education Policy
b. Promote and encourage the full participation of Branch/Professional and Managerial Staff Unions for the attainment of the objectives of the Education Policy.
c. Oversee the work and operations of the Education Department
d. Advise the National Executive Council on the means of generating educational funds from both internal and external sources.
e. Examine all matters that the Committee may consider useful for the promotion of education in the Union and make recommendations to the National Executive Council.
f. Act on all relevant matters that may be referred to the Committee by the National Executive Council from time to time.
PART 21: SOCIO ECONOMIC COMMITTEE
The Socio-Economic shall:
a. Monitor the implementation of the Union’s Policies on Industrial Relations, Social Security and Pension as well as economic ventures of the Union and make recommendations to the National Executive Council.
b. Examine the needs of the Branch Unions and make recommendations for research by the Union.
c. Examine Industrial Relations Policies and practices of the Government and Employees and make recommendations to the National Executive Council.
d. Undertake other tasks that may be assigned to it by the National Executive Council.
Make any other recommendations, as it may consider necessary for its work.
PART 22: WELFARE COMMITTEE
The Welfare Committee shall:
a. Monitor the implementation of the Welfare Polices of the Union;
b. Make recommendations to the National Executive Council in respect of general welfare schemes for the Union.
c. Ensure the full participations of the Union on welfare matters pertaining to funerals, invitations, etc, where appropriate.
PART 23: HEALTH, SAFETY AND ENVIRONMENT COMMITTEE
The Health, Safety and Environment Committee shall:
a. Monitor the implementation of the Union’s Policy on Occupational Health and Safety, and make recommendations to the National Executive Council.
b. Draw the National Executive Council’s attention to occupational health and safety issues and developments in the country.
c. Monitor industrial accidents and injuries and the payment of compensation thereof and make recommendations to the National Executive Council.
d. Ensure that statistics are compiled on occupational accidents and diseases.
e. Recommend to the National Executive Council such activities as will contribute to raising the consciousness of members about health and safety well as environmental issues.
PART 24: ADHOC COMMITTEES
1. The National Executive Council shall establish Ad hoc Committee to deal with any particular question(s) that may arise from time to time.
2. The terms of reference in respect of any Adhoc Committee established to deal with any matter shall be defined by the National Executive Council.
3. Each Adhoc Committee shall be made up of seven (7) and not less than three (3) of these shall be members of the National Executive Council.
4. The Secretary to the Adhoc Committee shall be appointed by the General Secretary.
5. The meetings of an Adhoc Committee shall be determined by the Committee itself to ensure that it completes its work on time.
6 The Secretary shall be an ex officio member of the Committee and shall not have voting rights.
PART 25: POLITICAL COMMITTEE
The Political Committee shall:
a. Monitor the implementation of the Union’s policies on politics and Internal Democracy and make recommendations to the National Executive Council;
b. Bring to the attention of the National Executive Council both Internal and external political development;
c. Recommend to the National Executive Council such activities that will contribute to raising the political consciousness of members;
d. Examine and advise the National Executive Council on ways of improving internal democracy within the Union;
e. Make such recommendations to the National Executive Council as the Committee may consider necessary;
f. Undertake other tasks that may be assigned to it by the National Executive Council.
PART 26: OFFICE OF THE GENERAL SECRETARY
. The Office of the General Secretary shall be responsible for the day to day activities of the Union and shall be equipped and given facilities to enable it conduct the business of the Union effectively.
. Department’s shall be established within the Office of the General Secretary by the National Executive Council on the recommendations of the General Secretary.
. The National Executive Council on the recommendations of the General Secretary shall appoint Heads of such Departments.
PART 27: ELECTION OF BRANCH/PROFESSIONAL AND MANAGERIAL STAFF UNIONS EXECUTIVE COMMITTEE MEMBERS
The Branch/Professional and Managerial Staff Unions shall elect every four years its Executive Committee members as follows:
i. The Chairperson and Secretary shall be elected by a secret ballot vote of all members of the Branch Union;
ii. The other Executive Committee Members shall be elected by secret ballot vote of members of their various departments within the establishment;
iii. The Executive members shall elect the Vice Chairperson, the Assistant Secretary, the two Trustees and the Porter/Chaplain from among them.PART 28: FUNDS AND PROPERTIES OF BRANCH UNIONS
a. Each Branch/Professional and Managerial Staff Union shall derive its funds from the 3% allocation of membership Union dues contribution retained at the Branch/Professional and Managerial Staff Unions and any income on investment.
b. The expenses of the Branch/Professional and Managerial Staff Unions shall be met out of the 3% allocation of membership Union dues contribution retained at the Branch/Professional and Managerial Staff Unions.
c. The Funds and property of a Branch/Professional and Managerial Staff Unions shall be the common property of the Union. The funds shall be deposited in a bank.
d. All monies and properties of the Union held by any Branch/Professional and Managerial Staff Unions which secedes or is dissolved shall immediately be taken over by the General Secretary. The out-going officers of the Branch Union/Professional and Managerial Staff Unions shall submit detailed statement of account to the General Secretary and shall be held responsible for any irregularities.
PART 29: AUDIT OF BRANCH UNION ACCOUNTS
A recognized auditor appointed by the General Secretary shall audit the Branch/Professional and Managerial Staff Unions Account annually.
PART 30: CONDUCT OF BRANCH/PROFESSIONAL AND MANAGERIAL STAFF UNIONS
a. If at anytime there appears to the National Executive Council that there is justification for an investigation into the conduct of affairs of any Branch/Professional and Managerial Union on the grounds that the activities of such a Branch/Professional and Managerial Staff Union are contrary to the declared aims and objects and Internal Regulations of the Ghana Mineworkers Union or detrimental to the interest of the Trade Union Movement, the National Executive Council shall investigate the matter.
b. If after the investigation, the National Executive Council decides that theactivities of the Branch/Professional and Managerial Staff Unions concerned are contrary to the declared aims and objects and Internal Regulations of the Ghana Mineworkers Union and detrimental to the interest of the Trade Union Movement, the National Executive Council shall direct the Branch/Professional and Managerial Staff Unions to discontinue such activities forthwith and undertake not to engage therein the future.
c. Should the Branch/Professional and Managerial Staff Unions concerned fail to carry out the directives the National Executive Council is hereby empowered in its discretion to order that Branch/Professional and Managerial Staff Unions responsible be forthwith suspended/expelled from membership of the Union.
d. The National Executive Council shall submit a report on the matter to the next Delegates Conference.
e. The National Executive Council shall have the right to suspend Branch/Professional and Managerial Staff Union for refusal to comply with the rules or decisions of the Delegates Conference or the National Executive Council
f. Any Branch/Professional and Managerial Staff Union dealt with under these Internal Regulations has the right to appeal to the next Delegates Conference whose decision shall be final.
PART 31 – OATH OF OFFICE
I, …………………………………..(insert name) solemnly pledge and swear that I shall during my term of office always live up to the aims, object and aspirations of the Ghana Mineworkers’ Union of TUC and shall not under any circumstances, divulge any official secret of the Ghana Mineworkers Union, betray a colleague, become disloyal to the Trade Union Movement as a whole or use the influence of the Union for my own selfish or personal interest, or for advertisement or otherwise, I do so at the risk of my official status, reputation and honor, I swear.