|
THE CONSTITUTION OF THE UNION
0.0 PREAMBLE
We, members of the Ghana Mineworkers’ Union of Ghana Trades Union Congress;
Committed to upholding the dignity of Labour by maintaining a genuine independent organization of Workers effective for promoting and defending the social, political and economic interest of our members;
Conscious of our duty to serve faithfully, selflessly and unswervingly, workers in the Mining Industry;
Affirming the fundamental right of those who labour to enjoy to the fullest extent the fruits in the mining Industry;
Committed to internal democracy and to promoting the successful functioning of democracy in society as a whole,
do hereby adopt, enact and give to ourselves this Constitution and pledge ourselves to stand united by its aims and object herein set forth.
1.0 NAME AND OFFICE
a. The name of the organization of this Constitution shall be the:
GHANA MINEWORKERS’ UNION OF GTUC, (hereinafter referred to as the “UNION”).
b. The Headquarters shall be at the Hall of Trade Unions, off Barnes and Liberia Roads, Tudu, Accra, or any other place as may be decided by the National Executive Council, subject to the approval of the Delegates Conference.
2.0 REGISTRATION
The Ghana Mineworkers Union shall be a body corporate registered under the laws of Ghana.
3.0 AIMS AND OBJECTS
The object of the Ghana Mineworkers’ Union of GTUC shall be to bring together workers within the Mining Industry of Ghana, irrespective of race, nationality, gender or religion, into a strong Trade Union Organisation for the purpose of safeguarding and advancing the interest of workers belonging to this Union.
These shall be achieved by:
3.1 Providing mineworkers with an instrument for expressing their united views on any problem of the society and to secure united action on all issues affecting and likely to affect their interest.
3.2 Promoting a healthy development of employee-employer relation through cooperation and to regulate such relations.
3.3 Settling disputes between Mineworkers and their employers.
3.4 Fostering cordial relations among Mineworkers.
3.5 Protecting mineworkers from discrimination and exploitation by their employers.
3.6 Entering into collective bargaining negotiations with employers within its jurisdiction or negotiate with any other organization or agency for:
a. Improving the working and service conditions of its members and their families by securing fair and realistic wages and other remuneration and any other conditions relating to their employment and non-employment.
b. Affording ample opportunity for individual initiatives and creativity to promote continued production and higher productivity.
c. Securing and retaining employment for its members.
3.7 Safeguarding the health and safety of its members and their families and to protect the environment.
3.8 Providing legal advise and/or assistance to members in connection with their employment when necessary.
3.9 Giving members appropriate assistance as may be required in the event of unemployment as a result of victimization or action in Trade Dispute and/or relief in total disability through occupational diseases, accident or distress.
3.10 Acquiring, holding, leasing and conveying any property and investing its funds in viable economic ventures.
3.11 Promoting viable cooperative ventures among its members.
3.12 Providing sources and channels of information and communication to and among members with the object of educating them on their rights and responsibilities.
3.13 Collecting and disseminating information relevant to the concerns of its members and communities in which they live by all appropriate means.
3.14 Cooperating with all organisations the Union may affiliate to, both locally and internationally as well as individuals working in the interest of the Union.
3.15 Assisting in securing favourable policies and legislation in the interest of working people.
3.16 Ensuring that the establishments within its jurisdiction bear their fair share of social responsibilities in the communities in which they operate.
3.17 Organizing, mobilizing and rallying all its members towards the attainment of these objects and/or;
3.18 Applying any other measures considered necessary and proper permitted by law. .....Back to top
4.0 JURISDICTION AND MEMBERSHIP
3.19 Jurisdiction
The Jurisdiction of the Union shall cover all works done directly or indirectly in connection with the Mining Industry of Ghana including the informal sector.
3.20 Membership
a. Membership of the Union shall be open to all employees who fall within the jurisdiction of the Union as well as staff of the Union at all levels.
b. A register of all members of Branch/Professional and Managerial Staff Union shall be kept at the Office of the General Secretary.
4.3 Cessation of Membership
Membership of the Union shall cease by:
a. By voluntary withdrawal of membership if three (3) months notice is given in writing by the member concerned through the Branch/PMSU.
b. Where the member concerned leaves the service of the establishment in which he/she is employed.
c. Where the member is expelled by the Union.
d. When the members dies. .....Back to top
5.0 RIGHTS AND RESPONSIBILITIES OF MEMBERS
5.1 Rights
a. No person otherwise eligible for membership in this Union shall be denied membership, on the basis of race, creed, colour, nationality/ethnic origin, sex, or political belief or similar prejudice.
b. Members shall be free to express themselves in respect of the operation of the Union and active discussion of Union affairs shall be encouraged and protected within this organisation.
c. Union members shall have the right to fair and democratic elections at all levels of the Union as provided in this Constitution.
d. Members shall have an equal right to run for and hold Office, subject only to qualifications specified in this Constitution.
e. Members shall have equal right to full and clear accounting of all Union funds at all levels.
f. Members shall have equal rights to full participation in the decision-making process of the Union and to pertinent information needed for the exercise of this right.
g. No member shall be penalized for any offence unless such offence is provided for in this Constitution. In penalizing any member, he/she shall have the right to fair hearing.
h. Every member shall be issued with a copy of the Constitution of the Union.
5.2 Responsibilities
a. Each member shall be bound by the provision of this Constitution, Policies, Internal Regulations and decisions of the governing bodies of the Union.
b. Each member shall fulfill his/her financial obligation to the Union.
c. Each member shall participate actively in Union activities.
d. Union members shall defend this Constitution and strive to promote the aims and strive to promote the aims and objects thereof. ......Back to top
6.0 FINANCE AND AUDIT
6.1 Finance
6.1.1. Funds
The Funds of the Union shall be derived from:
i. Union Dues
ii. Levies
iii. Loans or overdrafts from its Bankers or any other source deemed appropriate
iv. Grants and donations
v. Income from investments
vi. Solidarity Fund
6.1.2 Union Dues
a. Payment of Trade Union Dues shall be by negotiated “check-off” or any other system of collection that the Delegates Conference may deem appropriate.
c. Every member of the Union shall pay not less than 3% of his basic monthly pay as dues and shall be determined by the Delegates Conference from time to time.
d. Members who are not on regular wages shall pay such rate of dues as shall be determined by the National Executive Council.
6.1.3 Solidarity Fund
A Solidarity Fund shall be instituted to support among other things wages and salaries of members during strike actions, disaster or as may be determined by the National Executive Council. Each member shall contribute an amount of not more than his/her day’s pay each month to the Fund. The Administration of the Fund shall be separate from that of the Union’s other sources of revenue. .....Back to top
6.1.4 Levies
When necessary, the National Executive Council shall impose a levy upon:
a. all members
b. all Branch/Professional & Managerial Staff Union
c. a Branch/Professional and Managerial Staff Union
d. Members of a particular Branch/Professional & Managerial Staff Union
6.1.5 Bank Account
a. The Union shall keep account/s with banks approved by the National Executive Council where all revenues or other monies raised or received shall be kept.
b. Union dues and other incomes derived by the Union shall be used judiciously for the general objects of the Union.
6.2 AUDITORS
6.2.1 The Office of the General Secretary shall employ the services of a recognized Audit Institution to audit the accounts of the Union at the end of each financial year subject to the approval of National Executive Council.
6.2.2 It shall audit the general accounts of the Union not later than three (3) months after the close of such financial year. The financial year of the Union shall be January - December.
6.2.3 It shall examine all books and accounts of the Union and shall certify to their correctness or other wise.
6.2.4 Copies of the audit report shall be circulated to all members of the National Executive Council.
6.2.5 Any member of the Union who desires to have a copy of the audited report shall contact his/her Branch/PMS Union. .....Back to top
7.0 STRUCTURE
The Union shall be structured as follows:
i. Delegates Conference
ii. National Executive Council
iii. Management Committee
iv. Finance Committee
v. Office of the General Secretary
v. Branches/Profession Managerial Staff Union
7.1 DELEGATES CONFERENCE
7.1.1 Powers
The highest governing body of the Union shall be the Delegates Conference and its decision shall be by a simple majority vote.
7.1.2 Composition
Persons entitled to attend the Delegates Conference shall consist of the following:
a. Delegates of the various Branch/Professional and Managerial Staff Union, Observers and Officials
b. Selection of Delegates from the Branch/Professional Managerial Staff Unions to the Delegates Conference in accordance with their paid-up membership shall be as follows:
i. Membership up to 200 - 2
ii. Membership between 201 and 300 - 3
iii. Membership between 301 and 500 - 4
iv. Membership between 501 and 1000 - 5
v. Membership between 1001 and 2000 - 6
vi. Membership between 2001 and 3500 - 8
vii Membership between 3501 and 4500 - 10
viii. Membership between 4501 and 6500 - 13
ix Membership between 6501 and 8500 - 16
x. Membership between 8501 and 10,500 - 19
xi. Any additional 500 membership shall attract one more delegate
c. Selection of Observers from the Branches/Professional & Managerial Staff Unions to the Conference shall be as follows:
i. Membership up to 1000 - 1
ii. Membership between 1001 and 4000 - 2
iii. Membership between 4001 and 6000 - 3
iv. Membership between 6001 and 8000 - 4
v. Membership between 8001 and 10000 - 5
vi. Membership between 10001 and 12000 - 6
vii Any membership above 12000 - 7
d. Members of the National Executive Council not elected by the Branch/Professional & Managerial Staff Union as Delegates as well as Guests of the Union shall also attend as observers.
e. Executive members of the National Women’s Committee shall attend as delegates
f. Thirty percent (30%) of members selected from the Branches/Professional & Managerial Staff Union to the Delegates Conference shall be women
g. Non-National Executive Council members of the Finance Committee shall attend the Delegates Conference as Observers. ....Back to top
7.1.3 Meetings
a. The Delegates Conference shall be held once in every four (4) years.
b. The National Executive Council shall fix a date and select a venue where the Delegates Conference shall be held.
7.1.4 Duties
The Delegates Conference shall consider the following:
a. Report of the National Executive Council for the period under review.
b. Audited Financial Report for the period under review.
c. Constitutional Amendments if considered necessary
d. Election of the following Officers of the Union:
National Chairperson
1st National Vice Chairperson
2nd National Vice Chairperson
General Secretary
Deputy General Secretary
1st National Trustee
2nd National Trustee
National Porter/Chaplain
h. The Policies and Resolutions of the Union
i. Any other business properly brought before it.
7.1.5 Quorum
a. Three quarters (3/4) of the Branch/PMS Union of the Union shall form quorum at the opening of every Conference.
b. In the course of the Delegates Conference two-thirds (2/3) of the registered delegates shall form a quorum of session.
....Back to top
7.1.6 Voting Rights
At any Delegates Conference, every accredited Delegate shall be entitled to one (1) vote.
7.1.7 Delegates Conference Committees
There shall be established at Delegates Conference the following Committees:
a. Credentials
b. Standing Orders
c. Resolutions
d. Constitution
e. Elections
f. Any other Committee deemed necessary by the National Executive Council subject to the approval of Delegates Conference.
7.2 Extra-Ordinary Delegates Conference
a. An Extra-ordinary Delegates Conference shall be convened by the National Executive Council at any time by giving not less than one month notice to all Branch/Professional and Managerial Staff Union in writing.
b. Upon a request by not less than two thirds (2/3) of the total number of Branch/Professional & Managerial Staff Unions, the National Executive Council shall convene an Extra-Ordinary Conference by giving not less than one month (1) notice to all the Branch/Professional and Managerial Union in writing.
c. Notice for convening an Extra-Ordinary Delegate Conference shall be given within one (1) month after a request has been made.
d. Every notice shall specify the nature of business for which the meeting is requested. ......Back to top
7.3 National Executive Council
There shall be established a National Executive Council of the Union.
7.3.1 Composition
The National Executive Council shall be composed of :
a. Elected Members
National Officers
Branch/Professional & Managerial Staff Union Representatives
Chairperson and Secretary or their alternates of National Women’s Committee
b. Ex-Officio
Chairperson of the Finance Committee (where he/she is not an elected member).
Heads of Department
National Women Co-ordinator
7.3.2 Branch/PMS Union Representation
Representation from Branch/Professional & Managerial Staff Unions shall be as follows:
i. Two representatives from each Branch/Professional & Managerial Staff Union up to membership of 1000.
ii. Three representatives from each Branch/Professional & Managerial Staff Union with membership between 1001 and 3000
iii. Four representatives from each Branch/Professional & Managerial Staff Union with membership between 5001 and 7000.
iv. Five representatives from each Branch/Professional & Managerial Staff Union with membership between 7001 and 10,000.
v. Six representative from each Branch/Professional and Managerial Staff Union with membership between 7001 and 10,000.
vi. An additional 1000 membership shall attract one more representative.
7.3.3 Powers
The governing of the Union during the periods between Delegates Conferences shall be vested in the National Executive Council. ......Back to top
7.3.4 Duties
The National Executive Council shall undertake the following:
a. Set forth regulations and make policy directives other than those in this Constitution, and these shall not be inconsistent with any provision of this Constitution.
b. Interpret the Constitution when necessary and determine any point on which the Constitution is silent.
c. Intervene in disputes/conflicts within Branch/Professional & Managerial Staff Union and other organs of the Union
d. Intervene in disputes between Branch/Professional & Managerial Staff Union and their employers.
e. Suspend the election of Officers in any of the Branch/PMS Union where there is evidence that there is no peace due to the conduct of such Branch/Professional & Managerial Staff Union and/or the Officers and appoint an Interim Committee to manage the affairs of the Branch/PMS Union pending resolution of the problem.
f. Convene an Extra-ordinary Delegate Conference to deal with any contingency that may arise.
g. Enter into relations with friendly workers organisations, other organisations or individuals with a view to achieving the objects of the Union.
h. Approve budgetary proposals and other financial transactions of the Union as laid down in this Constitution.
i. Protect the funds of the Union against extravagant use or misappropriation.
j. Enter into transactions and execute contracts in the name and on behalf of the Union.
k. Accept on behalf of the Union, donations, grants, endowments for the purpose of achieving its objects provided that the acceptance of any such assistance shall not compromise the independence of the Union.
l. Seek loans or overdraft on behalf of the Union from appropriate sources.
m. Approve Conditions of Service for staff, National Officers, Branch/Professional and Managerial Staff Union Officers and members of the National Executive Council.
n. Take disciplinary action against
Member(s) of the Union
Branch/Professional/Managerial Staff Union Officer(s)
Heads of Departments
Member(s) of the Council
Who after having been given an opportunity to defend himself is proved, to the satisfaction of the Council to have been guilty of conduct prejudicial to the interest of the Union and in flagrant disregard of the provisions of this Constitution, the Internal Regulations, the Policy Directives and Decisions of the Union.
o. Appoint Special Committees as deemed necessary to improve the services of the Union or deal with any question which may arise from time to time. Each Committee shall appoint its own Chairperson from among its members whilst the Secretary shall be appointed by the General Secretary. Such Committees shall act in advisory capacity and the National Executive Council shall take all decisions on questions referred to such Committees.
The General Secretary or his Deputy shall be an ex-officio member of all such Committees.
p. Examine audit reports, reports of the General Secretary and Committees and other bodies as may be appointed by it or referred to it by the Delegates Conference.
q. Prepare reports on its activities to the Delegates Conference.
r. Nominate persons to contest offices of Congress and elect delegates who will attend Congress of the Trades Union Congress on behalf of the Union.
s. Fill the following vacancies according to the laid down conditions and procedures for selecting a member of the Council:
Death or resignation from the Council
Removal from office as a Branch/Professional & Managerial Staff Union Official
Leaving the service of an establishment by a member of the Council.
t. extend mandate of Branch/Professional & /Managerial Staff Union Officers to continue in Office after the expiration of tenure of office in case where legal suits prevent the holding of elections. ......Back to top
7.3.5 Cessation of Membership
With the exception of a National Officer who is elected by the Delegates Conference, a Branch/Professional & Managerial Staff Union representative who serves on the National Executive Council on losing his office at the Branch/Professional & Managerial Staff Union cease to be a member of the Council.
7.3.6 Ordinary Meetings
The National Executive Council shall hold at least two ordinary meetings in a year.
7.3.7 Emergency Meetings
a. Fifty percent (50%) plus one (1) of the total number of Branch/Professional & Managerial Staff Union shall have the power to call for an emergency meeting of the National Executive Council.
b. The Management Committee of the Union shall have the power to call for an Emergency Meeting of the National Executive Council when it becomes necessary.
c. Notice for convening the Emergency meeting of the National Executive Council shall be given within two-weeks after a request has been made.
7.3.8 Voting Rights
Only elected members of the National Executive Council shall have voting rights.
7.3.9 Quorum
Two-thirds (2/3 ) of its members shall form a quorum.
7.4 The Management Committee
7.4.1 Composition
There shall be a Management Committee which shall be composed of:
a. National Chairperson
1st National Vice Chairperson
2nd National Vice Chairperson
General Secretary
Deputy General Secretary
1st National Trustee
2nd National Trustee
National Porter/Chaplain
b. The Chairperson of the Finance Committee and National Women Coordinator shall be ex-officio members of the Management Committee.
c. The Head of Administration shall be an ex-officio member/Secretary to the Committee. ......Back to top
7.4.2 Powers
The Management Committee shall exercise such powers vested in the National Executive Council as the Council may delegate to it and shall, subject to the authority and direction of the National Executive Council be responsible for the management of the affairs of the Union between meetings of the National Executive Council.
7.4.3 Duties
a. The Management Committee shall deal with matters of policy, finance and the Office of the General Secretary.
b. The Management Committee shall intervene in disputes at Branch/Professional & Managerial Staff Union levels
c. The Management Committee shall take any action consistent with the aims and objects of the Union.
d. The Management Committee shall exercise such duties as may be assigned by the National Executive Council from time to time.
7.4.4 Meetings
a. The Management Committee shall meet at least once every three months and shall have the power to co-opt members to assist its work.
b. The Management Committee shall submit a report one month after a meeting to its members and members of the National Executive Council
7.5 Finance Committee
7.5.1 Composition
a. There shall be a Finance Committee of not more than eleven (11) members who shall be elected at the Delegates Conference from among the Branch/Professional & Managerial Staff Union.
b. The Committee shall elect a Chairperson from among its members. The Chairperson shall preside over all meetings and shall attend the National Executive Council meeting in a consultative capacity if he is not a member.
c. The Head, Administration/ Finance shall be an ex-officio member and Secretary to the Committee.
d. Management Committee members shall be ex-officio members of the Committee.
e. A member of the Committee shall serve for four (4) years and shall be eligible for re-election.
7.5.2 Qualification
Any person to be nominated and elected as a member of the Finance Committee shall possess the following qualifications:
a. shall be a full member of any of the Branch/PMS Union;
b. shall a be fully paid up member for not less than four (4) continuous years immediately preceding the day of the election, or a serving Branch/PMS Union Officer.
c. Possess an appreciable knowledge in finance or be capable of receiving training to acquire such knowledge.
7.5.3 Duties
The Finance Committee shall meet at lease twice in a year and shall perform the following duties:
a. Deal with all financial matters and shall ensure sound financial administration of the Union.
b. Consider budgetary proposal from the General Secretary and lay these before the National Executive Council for approval.
c. Deal with the funds and properties of the Union in accordance with the directives of the Delegates Conference and National Executive Council.
d. Advise on investments in accordance with the directives of the National Executive Council.
e. Examine audited account of the Union and make recommendation to the National Executive Council.
f. Recommend to the National Executive Council to seek financial assistance in the form of loans or overdrafts when the need arises.
g. Appoint a Board of Survey of not more then three (3) of its members who shall conduct a check of fiscal cash balance declared at the close of each financial year of the Union.
h. Conduct an internal audit of the Union’s Account at the end of each financial year.
i. Reports of the meetings of the Finance Committee shall be made available to members of the National Executive Council.
j. Perform such other duties as may be assigned by the National Executive Council. ......Back to top
8.0 NATIONAL OFFICERS
a. The National Officers of the Union shall be
i. The National Chairperson
ii. The 1st National Vice Chairperson
iii. The 2nd National Vice Chairperson
iv. The General Secretary
v. The Deputy General Secretary
vi. The 1st National Trustee
vii. The 2nd National Trustee
viii. The National Porter/Chaplain
b. They shall hold office for a term of four (4) years and they shall be eligible for re-election.
c. The General Secretary and the National Chairperson shall hold office for not more than a three four-year term.
d. In the event of death, resignation, or infirmity of a National Officer, the vacancy shall be filled temporary by the National Executive Council pending Delegates Conference.
8.1 Eligibility to Become A National Officer
8.1.1 A member seeking election to be a National Officer shall:
a. be a serving National Officer or
b. Secretary or Chairperson of a Branch/PMS Union or
c. Must have held office previously in his respective Branch/Professional & Managerial Staff Union as Secretary or Chairperson for not less than four (4) years or;
d. Current or past National Executive Member who must have worked for not less than four continuous years of service
e. In the case of the position of the 2nd National Vice Chairperson, a member seeking election shall be a serving officer of the Branch/Professional & Managerial Staff Union Women’s Committee or National Women’s Committee with not less than two continuous years of service at the time of the elections
8.1.2 A member of staff who is a member of the Union seeking elections to be a National Officer:
a. should have been the employee of the Union for not less than four (4) continuous years; or
b. should have held office previously at his/her Branch/PMS Union as Secretary or Chairperson for not less than four (4) continuous years and shall have worked with the Mining industry of Ghana for not less than four (4) years continuous service. ....Back to top
8.1.3 Any member who misappropriates/embezzles fund or grossly misconducts him/herself either at the Branch or National level shall not be eligible for election.
8.2 Duties of National Officers
8.2.1 National Chairperson
The National Chairperson of the Union who is a full time officer shall perform the following duties:
a. Preside over meetings of all Delegates/Extra-ordinary Conference, National Executive Council and Management Committee.
b. Have a casting vote in the event of a tie
c. Be responsible for the proper conduct of such meetings.
d. Sign minutes of such meetings at the time it is approved.
e. Ensure observance of the Constitution and the decisions of the governing bodies of the Union.
f. In conjunction with the General Secretary and one Trustee sign cheques on behalf of the Union.
g. In conjunction with the General Secretary sign documents where appropriate.
h. Inspect all books containing the financial transactions of the Union
i. Perform such other duties as may be assigned to him/her by the National Executive Council from time to time.
8.2.2 1st National Vice Chairperson
The 1st National Vice Chairperson who shall be a part-time officer, shall perform the following functions:
a. Assist the National Chairperson in his/her duties and act in his absence.
b. Be an alternate signatory of cheques issued on behalf of the Union.
c. Perform other duties assigned him by the National Executive Council.
8.2.3 2nd National Vice Chairperson
The 2nd National Vice Chairperson who shall be a female and a part-time officer, shall perform the following functions:
a. Assist the 1st National Chairperson in his/her duties and act in his/her absence.
b. Perform other duties as may be assigned her by the National Executive Council.
8.2.4 General Secretary
There shall be a General Secretary who shall be a full time Chief Executive of the Union and shall perform the following duties:
a. Act as the overall Supervisor of the Office of the General Secretary
b. Be responsible for the appointment and termination of staff other than Heads of Department.
c. Conduct the business of the Union in accordance with the Constitution and policies and implement the decisions of the Delegates Conference, National Executive Council and the Management Committee and shall be responsible to them.
d. Prepare a programme aimed at implementing the policies of the Union as decided by Conference and such a programme shall be approved by the National Executive Council.
e. Establish close relationships with the Branch/PMS Union and advise them in their work.
f. Attend all meetings of the Management Committee, the National Executive Council and Delegates/Extra-Ordinary Conference and shall keep or cause to be kept records of the proceedings and shall have the right to speak at all meetings but not to vote.
g. Prepare or cause to be prepared the agenda and reports on activities of the Union to the Delegates Conference, National Executive Council and Management Committee.
h. Act as Secretary to the Management Committee, National Executive Council and Delegates Conference.\
i. Responsible for the financial books and good administration of the funds of the Union.
j. Responsible for all monies received and expended on behalf of the Union.
k. Prepare budgetary proposals and projects/programmes through the Finance Committee for the approval of the National Executive Council.
l. Prepare or cause to be prepared financial statement for each ordinary meeting of the National Executive Council and for the Delegates Conference.
m. Prepare or cause to be prepared Annual Returns in accordance with Law and shall transmit same to the Registrar of Trade Unions by the prescribed date.
n. In conjunction with the National Chairperson and one Trustee sign cheques on behalf of the Union.
o. Sign all documents on behalf of the Union.
p. Use his discretion in emergencies where the Management Committee cannot be convened. Such discretion shall be exercised in such a manner as not to affect the general policies of the Union. Any such exercise of discretion shall be reported to the Management Committee at the earliest opportunity.
q. Responsible for the Industrial Relations activities of the Union. ......Back to top
8.2.5 Deputy General Secretary
There shall be a Deputy General Secretary who shall be a full-time Officer and Deputy Chief Executive of the Union. He shall perform the following duties:
a. Act in the absence of the General Secretary
b. Work under the General Secretary and assist him/her in the performance of his/her duties.
c. Perform such duties as may be assigned from time to time by the General Secretary or/and the National Executive Council.
d. Responsible for the educational, social and recreational activities that would sustain the interest of all members and shall report to the General Secretary.
e. Co-ordinate the organizational work of all Branch/Professional and Managerial Staff Union and to ensure the development of such Branch/Professional and Managerial Staff Union and report to the General Secretary
f. Be an alternate signatory to cheques issued on behalf of the Union.
8.2.6 Trustees
There shall be a 1st and 2nd Trustee who shall be part-time Officers and shall have vested in them all properties of the Union and shall deal with them in such a way as the National Executive Council may direct.
The 1st Trustee or in his absence the 2nd Trustee in conjunction with the National Chairperson and the General Secretary shall sign cheques on behalf of the Union.
8.2.7 National Porter Chaplain
There shall be a National Porter/Chaplain who shall be a part-time Officer and shall be responsible for:
a. The orderly arrangement of meeting places.
b. Ensuring that as many members as possible attend meetings punctually and regularly.
c. Assisting the National Chairperson in maintaining order at meetings.
d. Praying at all meetings.
8.3 ELECTION OF NATIONAL OFFICERS
8.3.1 Election of National Officers shall be held on the last day of the Delegate Conference and shall be conducted in the order in which the National Officers are named.
8.3.2 Each Branch/PMS Union shall have the right to nominate candidates to contest posts of National Officers.
8.3.3 All nominations shall be forwarded to the Returning Officer appointed by the National Executive Council in a sealed envelope six weeks prior to the Delegates Conference and shall be opened at the Delegates Conference.
8.3.4 The Returning Officer shall compile all such nominations and forward to the Election Committee at the Delegates Conference.
8.3.5 No nomination shall be valid if there has not been more than one nomination in favour of a nominee.
8.3.6 In the event a candidate for Elective Office has no contender, he/she shall be deemed elected.
8.3.7 In the event where an incumbent National Officer loses an election, he/she shall have a period of one month within which to hand over to the incoming National Officer.
8.3.8 In the event where there is any disagreement in respect of the handing over process, the issue(s) at stake shall be referred to the Management Committee for prompt resolution.
8.4 DECLARATION
8.4.1 Declaration of Intension to Contest Elections
Any member who wishes to contest for National Officers position should declare his/her intension to his/her respective Branch/PMS Union six weeks (6) before the Delegates Conference.
9.0 WOMEN’S COMMITTEE
There shall be established Women’s Committees which shall:
a. Provide a forum for women to articulate their views on issues especially those of concern to women.
b. Pursue activities that will enhance the promotion and full participation of women in the Union.
9.1 National Women’s Committee
a. A National Women’s Committee shall be established by the National Executive Council to advise it on all matters affecting women in the mining industry of Ghana as well as the wives and children of members.
b. The Committee shall have a Chairperson, Vice Chairperson, Secretary and Assistant Secretary and not more than three other Executive members elected from among the Chairpersons and Secretaries of Women’s Committees of the branches. It shall meet at least twice in a year.
c. The Committee shall hold a Conference once every four years to:
i. evaluate its activities
ii. plan for the future
iii. elect its officers
d. A National Women’s Coordinator shall be appointed by the General Secretary subject to the approval of the National Executive Council to coordinate the activities of the Women’s Committees.
9.2 Branch Women’s Committee
a. A Women’s Committee shall be formed at all Branch/PMS Union to advise the Executive Committee on all matters affecting women in their establishment, wives and children of members of the Union.
b. The Women’s Committee shall have a Chairperson, Vice Chairperson, Secretary and Assistant Secretary and Executive members depending on the number of women within the establishment.
c. These Officers shall be elected from among the Women from the Branch/PMS Union, and shall hold office for a period of four years subject for re-election. ......Back to top
10.0 BRANCH/PROFESSIONAL AND MANAGERIAL STAFF UNIONS
Branches of the Ghana Mineworkers Union shall be formed at places where employees who fall within its jurisdiction and who are eligible for membership of the Union are employed to deal with issues affecting them in such a way as to further the overall aims and objects of the Union.
10.1 Full-Time Branch/Professional and Managerial Staff Union Officer(s)
a. The National Executive Council shall designate a full time Branch Union Office on recommendation by the Branch/PMS Union Executive Committee to the General Secretary.
b. A Branch/Professional and Managerial Staff Union may have a full-time Officer(s) who shall be elected by the members of the Branch/PMS Union and shall serve for a term of four years and shall be eligible for re-election.
c. The operations of a full-time Officer(s) shall be as stated in the Internal Regulations of the Union.
10.2 The Branch/Professional & Managerial Staff Union Secretariat
There shall be established a Secretariat to administer the affairs of the Branch/PMS Union. The Secretariat of the Branch/PMS Union shall be under the direction of the Branch/Professional & Managerial Staff Union Secretary who shall be responsible to the Executive Committee.
10.2.1 The Executive Committee
There shall be an Executive Committee of the Branch/PMS Union which shall be the highest decision making body and which shall govern the activities of the Branch/Professional & Managerial Staff Union. It shall be responsible to the National Executive Council through the General Secretary.
a. Composition
The Executive Committee shall be composed of the following:
i. Branch/Professional & Managerial Staff Union Chairperson
ii. Branch/Professional & Managerial Staff Union Vice Chairperson
iii. Branch/Professional & Managerial Staff Union Secretary
iv. Branch/Professional & Managerial Staff Union Assistant Secretary
v. Branch/Professional & Managerial Staff Union 1st Trustee
vi. Branch/Professional & Managerial Staff Union 2nd Trustee
vii. Branch/Professional & Managerial Staff Union Porter/Chaplain
viii. Departmental Representatives
ix. Chairperson and Secretary of Branch/Professional & Managerial Staff Union’s Women Committee.
b. Eligibility
i. A member seeking election to the Branch/Professional & Managerial Staff Union Executive Committee as a Branch/PMS Union Secretary or Chairperson shall meet the following criteria:
a. for a Branch/Professional & Managerial Staff Union established for more than two (2) years, he/she must be a dues paying member for at least two (2) continuous years prior to his/her nomination;
b. for a Branch/Professional & Managerial Staff Union organized for less than two (2) years he/she must be a dues paying member for at least half of the period that the Branch Union was established by the Union.
c. he/she should be able to read and write
d. any member who misappropriates/embezzles funds of the Union or grossly misconducts him/herself shall not be eligible for elections to any office;
e. A Branch/PMS Union Chairperson or Secretary shall hold office for four (4) years and shall be eligible for re-election. However, a vote of no confidence by two-thirds (2/3) of the total membership of the Executive Committee shall be required to demand his/her removal from office on proven dishonesty, gross misconduct, abuse of office or infirmity following a report submitted by an Adhoc Committee set up by a simple majority of the Office of the General Secretary to investigate a complaint or representation made by the constituency or part thereof.
The Branch/PMSU Executive Committee shall report the vote of no confidence to the Management Committee of the National Union in accordance with Article 7.4.3(b) of the Constitution.
f. In the event of death, resignation or removal from Office, the
Executive Committee pending a bye-election shall fill temporary the vacancy. The term of any officer who has been elected to fill a vacancy shall be the remainder of the term of his/her predecessor.
g. In the case of an intra-company transfers, membership will be continuous and shall qualify to contest elections.
h. Where a member is transferred from a subsidiary to another he is qualified. However, if he joins a new Company he ceases to qualify to stand for an election.
ii. A member seeking election to the Branch/Professional & Managerial Staff Union Executive Committee other than the positions of Branch/PMS Union Secretary and Chairperson shall meet the following criteria:
a. For a Branch/Professional & Managerial Staff Union established for more than two (2) years, he/she must be a dues paying member for at least two (2) continuous years prior to his/her nomination.
b. For a Branch/Professional and Managerial Staff Union organized for less than two (2) years, he/she must be a dues paying member for at least half of the period that the Branch Union was established by the Union.
c. Any member who misappropriates/embezzles funds of the Union or grossly misconducts himself/herself shall not be eligible for elections to any office.
d. An Executive Committee member other than the Branch/PMS Union Chairperson and Secretary, shall hold office for four (4) years and shall be eligible for re-election. However, a vote of not confidence by two thirds (2/3) of his/her constituency shall be required to demand his/her removal from office on proven dishonesty, gross misconduct, abuse of office or infirmity following a report submitted by an Adhoc Committee set up by a simple majority of the Branch/Professional & Managerial Staff Executive Committee to investigate a complaint or representation made by the constituency or a part thereof.
The Branch/PMS Executive Committee pending a bye-election shall fill temporary the vacancy. The term of any officer who has been elected to fill a vacancy shall be the remainder of the term of his predecessor.
C. Newly Organised Branch/Professional and Management Staff Union
A person seeking election to the Branch/Professional and Management Staff Union as Chairperson, Secretary or Executive Member shall meet the following criteria:
i. Be an employee of the Company in which a Branch/PMSU is being established.
ii. Must have filed and signed Union’s membership declaration form to be a member. ......Back to top
d. Duties
The Branch/PMS Union Executive Committee shall perform the following duties:
i. Draw up its own regulations which shall be in conformity with the Constitution and shall be approved by the National Executive Council.
ii. Hold its elections before the Delegates Conference.
iii. Carry out activities as directed by the General Secretary acting on behalf of the Nation Executive Council in accordance with the Constitution.
iv. Submit monthly reports on its activities to the National Executive Council through the General Secretary.
v. Operate and manage its funds. The General Secretary on behalf of the National Executive Council shall have the right to issue guidelines for administering the funds, probe the use of the funds and have the final control of the funds.
vi. Draw up conditions of service of staff and officers of the Branch/PMS Union for the consideration and approval of the National Executive Council.
vii. Payment of salaries of full time Branch/PMS Union Officers as well as allowances and other Conditions of Service of Branch/PMS Union Officials.
viii. Form special committees to deal with matters affecting the Branch/PMS Union as and when necessary.
ix. Shall not declare a strike action without the consent of the National Executive Council.
e. Meetings
i. Branch/PMS Union shall hold a general membership meetings once in every three months at which the Officers shall submit their reports.
ii. Branch/PMS Union shall hold Executive/Shop stewards meetings at least once every three months.
iii. Executive Committee meetings of the Branch/PMS Union shall be held at least once in every month and two-thirds (2/3) of its members shall form a quorum.
Decisions of all such meetings shall be by consensus or by a simple majority vote.
10.3 Duties of Branch/PMS Union Officers
Duties of Branch/PMS Union Officers shall be as follows:
10.3.1 Branch/PMS Union Chairperson
i. Preside over all meetings of the Branch/PMS Union and shall be
responsible for the proper conduct of such meetings.
ii. Sign minutes of all meetings at the time they are approved.
iii. In conjunction with the Secretary sign documents on behalf of the Branch/PMS Union where appropriate.
iv. In conjunction with the Secretary and one Trustee sign cheques on behalf of the Union.
v. Inspect all properties and books/documents of the Branch/PMS.
vi. In conjunction with the Secretary, order a special meeting of the Executive Committee when necessary.
vii. Perform such other duties as may be assigned to him/her by the Executive Committee or the General Secretary.
10.3.2 Branch//PMS Union Vice Chairperson
i. Perform the duties of the Chairperson in his/her absence.
ii. Perform such other duties as may be assigned him/her by the B ranch Executive Committee or the General Secretary from time to time.
10.3.3 Branch/PMS Union Secretary
i. shall be responsible for the general administration of the Branch/PMS Union.
ii. Conduct the business of the Branch/PMS Union in accordance with he Constitution and shall carry out the instructions and decisions of the Executive Committee and the Branch/PMS Management Committee.
iii. Entrusted with the Management of the Branch/PMS Secretariat and shall be responsible for the appointment and termination of staff with the approval of the Executive Committee in respect of full time Branch/PMS Unions.
iv. Summon and attend all meetings of the Branch/PMS Union and shall keep records of the proceedings. He/she shall have the right to speak at all meetings but not to vote.
v. Submit monthly reports covering the activities of the Branch/PMS Union to the General Secretary.
vi. Responsible for all monies received and expended on behalf of the Branch/PMS Union and shall send to the General Secretary monthly membership and financial reports of the Branch.
vii. Sign all documents of the Branch/PMS Union and shall in conjunction with the Chairperson and 1st Trustee sign cheques on behalf of the Branch/PMS Union.
viii. Perform any other duty assigned him/her by the Executive Committee or the General Secretary from time to time.
10.3.4 Branch/PMS Union Assistant Secretary
i. Shall perform the duties of the Branch/PMS Union Secretary in his/her absence.
ii. Perform any other duty assigned him/her by the Executive Committee or the General Secretary from time to time.
10.3.5 Branch/PMS Union 1st and 2nd Trustees
i. The 1st and 2nd Trustees shall have vested in them all the properties of the Branch/PMS Union. They shall deal with them in such a way as the Executive Committee or the General Secretary on behalf of the National Executive Council may direct.
ii. The 1st Trustee or in his/her absence the 2nd Trustee in conjunction with the Secretary and Chairperson shall sign cheques on behalf of the Branch/PMS Union.
10.3.6 Branch/PMS Union Porter Chaplain
Shall be responsible for:
i. the orderly arrangements of meeting places
ii. Ensuring that as many members as possible attend meetings punctually and regularly.
iii. Assist the Chairperson in maintaining order at meetings.
10.3.7 Finance Committee
a. There shall be a Finance Committee of not more than five (5) members who shall be elected from among members of the Executive Committee.
b. Any member seeking for election shall have an appreciable knowledge of financial matters.
c. the Committee shall elect its Chairperson and Secretary from among its members.
d. In respect of full time Branch/PMS Unions, the Branch/PMS Finance Officer shall serve as Secretary to the Committee.
e. The Chairperson, Secretary and the Trustees of the Branch/PMS Union shall be ex-officio members.
f. The Committee shall be responsible for all financial matters of the Branch/PMS Union and ensure sound financial administration.
g. The Committee shall consider budgetary proposals from the Branch/PMS Union Secretary for the consideration of the Executive Committee subject to the approval of the General Secretary.
h. Reports of the Finance Committee shall be made available to members of the Executive Committee and the General Secretary.
10.3.8 Shop Stewards
a. Shop stewards shall be elected in all sections within departments of establishments within the jurisdiction of the Branch/PMSUnion.
b. A member seeking election to the position of a Shop Steward should have served his/her probationary period with the Establishment.
c. A Shop Steward shall deal with all issues affecting members in his/her respective section within the departments.
d. A Shop Steward shall report on his/her activities to the Executive member responsible for the department.
10.4 The Management Committee of the Branch/PMS Union
10.4.1 Composition
There shall be a Management Committee of the Branch/PMS Union which shall be composed of:
The Branch/PMS Chairperson
The Branch/PMS Vice-Chairperson
The Branch/PMS Secretary
The Branch/PMS Assistant Secretary
The Branch/PMS 1st Trustee
The Branch/PMS 2nd Trustee
The Branch/PMS Porter/Chaplain
10.4.2 Powers
The Management Committee of the Branch/PMS Union shall exercise such powers as vested in the Branch/PMS Union Executive Committee as the Executive may delegate to it an shall subject to the authority and direction of the Executive Committee, be responsible for the Management of the affairs of the Branch/PMS Union between meetings of the Executive Committee.
10.4.3 Duties
a. The Management Committee shall deal with emergency situations concerning policy, finance and the Branch/PMS Secretariat.
b. The Management Committee shall take any action at Branch/PMS level consistent with the aims and objects of the Union.
10.4.4 Meetings
a. The Management Committee shall meet as and when necessary and shall have the power to co-opt members to assist its work.
b. The Management Committee shall submit a report after a meeting to the Branch/PMS Executive Committee for ratification.
11.0 POLITICAL NEUTRALITY
No National Officer or Branch/PMS Union Officer of the Union, Staff of the Secretariat, Chairpersons and Secretaries of the Women Committees shall hold office in any political party or address any rally organised by any political party.
12.0 WITHDRAWAL
12.1 Membership Withdrawal
a. No member shall withdraw from the Union unless he/she has given six months notice to the Union and satisfies the following conditions.
i. He/She is not in arrears of dues, levies and fines due to the Union.
ii. Shall hand over any property of the Union in his or her possession.
12.2 Branch/PMS Union Withdrawal
a. No Branch/PMS Union shall withdraw from the Union unless it has given not less than six months notice to the National Executive Council and satisfies the following conditions:
i. Is not in arrears of dues, levies and fines due to the Union.
ii. Eighty percent (80%) of the Branch/PMS Union paid up members shall pass a resolution declaring their intention to withdraw to the General Secretary.
iii. On receipt of the request the National Executive Council shall organise a referendum at the said Branch/PMS.
iv. At the referendum not less than eighty percent (80%) of the paid up members shall have to vote in favour of the decision to withdraw from the Union.
v. After the referendum the National Executive Council shall confirm the decision in writing within a period of six (6) months.
vi. On withdrawal, the Branch/PMS Union shall hand over all properties in its possession to the Union.
13.0 AMENDMENTS TO CONSTITUTION
a. Any amendment to this Constitution or any provision of the Constitution may be amended or repealed if such an amendment or repeal is provided for an agenda of the Conference circulated to all the Branch/PMS Union together with notice convening the Conference and provided that two-thirds (2/3) of members present and entitled to vote accept the amendment or repeal.
b. Any proposals for amendment or repeal of any Article of this Constitution shall be made only by the Branch/PM Union and the Management Committee of the UNION.
14.0 AMENDMENT TO INTERNAL REGULATION
The Internal Regulations annexed to this Constitution may be amended by the National Executive Council provided two-thirds (2/3) of the voting members of the National Executive Council adopt such amendment.
15.0 DISSOLUTION
15.1 The Union shall not be dissolved except with the unanimous consent of 80% of the entire membership at referendum.
15.2 In the event of the Union being dissolved, all debts, liabilities legally incurred on behalf of the Union shall be discharged to the extent of the assets and remaining funds divided amongst the members in equal proportion.
16.0 OATH OF OFFICE
Every Officer of the Ghana Mineworkers Union of TUC on taking office shall solemnly pledge and swear to live up to the aims, objects and aspirations of the Ghana Mineworkers Union of TUC never under any circumstance divulge any official secrets of the Ghana Mineworkers Union of TUC to non-members, betray a colleague, become disloyal to the Ghana Mineworkers Union of TUC or use the influence of the Union for a selfish and personal interest and for advertisement.
17.0 POWER OF THE CONSTITUTION
a. The functions and activities of the Union shall be governed by the provisions in this Constitution, which shall be the supreme law of the Union, and any other regulations or policy directives found to be inconsistent with any provision of this Constitution, shall, to the extent of the inconsistency, be void.
b. This Constitution shall come into force immediately after its adoption by the Ordinary Delegates Conference and it is only the next Ordinary Delegates Conference which shall have the authority to amend it.
18.0 This Constitution shall come into effect on 20th day of July, 2007.
......Back to top
|
