NWU Rules

You can download a copy of the Rules of the National Workers Union here.

Founding Principles

Class Struggle

The history of all hitherto existing society is the history of class struggles.

Society as a whole is more and more splitting up into two great hostile camps, into two great classes directly facing each other – the capitalist class and the working class. The interests of the capitalist class and of the workers are in irreconcilable conflict and between these two classes struggle must go on until the workers of the world, organised as a class, take possession of the means of production and build a society democratically run by workers for workers.

The capitalist class takes its wealth and power from the unpaid labour of the working-class. For their part, workers have no choice but to combine and fight for their political, economic and social interests and, in doing so, they form organisations of struggle. What capitalism produces, in the form of an organised working class, are the seeds of its own destruction. Its fall and the victory of the working class are equally inevitable.

Solidarity and Internationalism

The need of a constantly expanding market for its products forces capitalism to constantly expand over the entire world. This process of imperialism, which has found reflection in slavery, indentureship, colonialism and other forms of globalisation, requires from workers an equally international response.

Working class solidarity, which is the cornerstone of trade union action, is a responsibility which our Union takes seriously and will apply at all times both locally and internationally.

Working-class Politics

The ownership of capital represents not only economic wealth but economic and therefore political power. The working-class and its organisations cannot, therefore, escape from politics. Not the shallow politics of parties financed by and representing the interests of the capitalist class, but the politics of power and the class interests of workers.

Whilst the day to day struggle of workers will generate a trade union consciousness and the need for solidarity in the face of the employer, it is necessary to develop this so that there is an understanding of the class nature of society and the need for workers to take power through their own party. Our Union is therefore committed to the formation of an independent party of the working class.

Environment and Ecology

In an economic system where profit comes first it is inevitable that concerns about the environment are secondary. The working class, however, have to live in the mess created by capitalism. The responsibility of borrowing the earth from the next generation means developing a planned socialist economy capable of meeting the needs of today and tomorrow.

Collective Leadership

Central to the philosophy of the Union is the belief in collective action and, flowing from this, the importance of collective leadership. The Union will be based on the utmost accountability and transparency in its work at all levels.

Discrimination

What unites workers are their class interests. Divisions over race, colour, nationality, religion, sexuality, gender or any other issue can only be to the benefit of the employer class. The Union will ferociously oppose discrimination of any form which undermines the class solidarity necessary to take our class forward.

A Secular Union

The Union respects the right of all peoples to freedom of religious worship but acknowledges that within its ranks will be members of many religions and none. The Union will therefore respect the faith of its members but follow a secular path in its work and activities.

Socialist Transformation of Society

Capitalism can only fail workers as it continues to create societies and a world in which the rich get richer and the poor get poorer. Workers must take the power to build their own societies. Whilst we fight for our immediate demands, we know that the principles on which the Union is founded require us to fight for the socialist transformation of society.

Workers have nothing to lose but their chains, we have a world to win. Our demands are clear:

ALL POWER TO THE WORKING CLASS!

WORKERS OF THE WORLD UNITE!

Name and Registered Office

• • The name of the Union will be the National Workers' Union, hereafter referred to as “the Union”.

  • The Union's Registered Office will be 43 Fifth Street, Barataria, Trinidad and Tobago, or at such other place as may, from time to time, be decided by the General Council or National Conference.

  • Additional offices may be established and maintained as required.

Aims and Objects

The objects of the Union will be to:

• • secure the complete organisation of all workers in the Republic of Trinidad and Tobago;

  • represent members, either collectively or individually, to ensure that their labour is sold for the highest price and the terms and conditions under which they work for the employing class is the best obtainable;

  • further the interests of the Union, its members and the working-class in any way that is consistent with the Founding Principles.

Obligations of the Union

Members Rights

The Union will recognise and ensure members rights in the following ways:

• • provide all members with an initial copy of the Rules;

  • ensure that all members, either directly or through their Branches, are advised of the activities of the Union and given every opportunity to be involved;

  • receive information about the Union and its work on a regular basis;

  • take part in meetings, discussions and educational activities arranged by the Union to meet their trade union, working and domestic needs;

  • stand for election to any office open to them within the Union Rules;

  • vote for policies, representatives and delegates;

  • hold to account those representatives elected on their behalf;

  • participate in the development, change and implementation of policy;

  • raise questions about any matter and receive a considered reply within a reasonable time;

  • have access to a wide range of Union services;

  • have minimum guaranteed standards of advice, representation and service.

Code of Good Practice

• • The Union will develop a Code of Good Practice to reflect its core values, ethics, administrative and work working practices and make this available to its members.

• The Code of Good Practice will be issued with the authority of the General Council.

Membership

Obligations of Membership

All members will:

• • adhere to the Rules of the Union;

  • act in solidarity with other workers whenever possible;

  • assist the Union in organising other workers;

  • play an active role in the Union;

  • ensure that their contributions remain up to date;

  • advise the Union of any change in their home address or employer.

Full Membership

• • A Full member is one who pays the full membership contribution rate.

  • Any member in a bargaining unit where the Union is the Recognised Majority Union must become and remain a Full member of the Union.

  • A Full member will be entitled to:

    • all benefits of the Union, and

    • stand in any elections subject to Rule 16.

Associate Membership

• • An Associate member is one who pays the Associate membership contribution rate.

  • An Associate member may become a Full member on paying the appropriate contribution rate.

  • An Associate member of the Union will have the same rights as a Full members except that they will not be entitled to:

    • any Members' Benefits as set out in Rule 18;

    • stand for any National Officer position.

Unemployed Members

• • An Unemployed member can be either:

    • 1. a Full member who has become unemployed and retains their membership, or

      2. an unemployed worker who joins the Union.

  • Unemployed members will be given priority for employment where the Union is in a position to secure this.

  • Unemployed members will have the status of Associate member.

Retired Members

• • A Retired member can be either:

    • 1. a Full member who has retired and retains their membership, or

      2. a retired worker who joins the Union.

  • Retired members will have the status of Associate member.

Student Members

• • Student members can be either:

    • 1. a Full member who has become a student and retains their membership, or

      2. a student who joins the Union.

  • Student members will have the status of Associate member.

Honorary and Life Members

• • The Union may make provision for Honorary and Life members and determine an appropriate contribution rate.

  • Honorary and Life members are not eligible for Members Benefits or to stand in any elections of the Union.

Members' Contributions

Entrance Fee

• • All members will pay an Entrance Fee of not less than $10.

Contributions – Full Member

• • Where the member is in a Recognised Bargaining Unit: 1.5% of the gross basic pay.

  • Where the member is not in a Recognised Bargaining Unit: 1.5% of national average earnings. Contributions will be reviewed annually by the General Council and be effective from the 1^st January of every year.

Contributions – Associate Member

• • Where the member is not in a Recognised Bargaining Unit: $1 per week.

  • In addition, where the Union represents an Associate Member in any trade dispute: 10% of any compensation secured.

Contribution – Honorary and Life Members

• • The General Council will determine an appropriate contribution rate for Honorary and Life members.

Non-Financial and Lapsed Members

• • A member ceasing to pay contributions will become:

    • 1. a non-financial member after 13 weeks and their status will become that of an Associate Member;

      2. a lapsed member after 26 weeks and will cease to be a member of the Union.

Levies

• • The General Council, Special General Council, National Conference or Special National Conference will have the authority to impose a levy on members.

Branches

Branch Organisation

• • All members will be allocated to a Branch.

  • Branches will be employer and/or workplace based although, exceptionally, General Branches, covering geographical or small unorganised groups of members, will be organised.

  • All Branches will be allocated to an appropriate Industrial Section.

  • Branches will be established with the authority of the General Council.

Branch Officers

All Branches will elect the following officers:

• • Branch Secretary/Treasurer

  • Chairperson

  • Vice-Chairperson

  • Equality Officer

  • Health & Safety Officer

  • Education Officer

  • Union Stewards

Branch Committee

• • Each Branch will have a Committee made up of all Branch Officers.

Meetings

• • The Branch Committee will meet at least monthly or more frequently as required.

  • Branches will meet at least monthly or more frequently as required.

Quorum

• • The quorum of the Branch Committee will be 50% of those eligible to attend.

  • The quorum of the Branch will be 50% of the Branch Committee plus at least 10 members or 10% of the Branch membership, whichever is the less.

Branch Elections

• • Branch elections will be held in the month of October unless the General Council authorises some other month in that year.

  • Branch Officers will take up their position at the completion of the elections.

  • Branch Officers will be elected for a period of two years which will alternate with that of the National Conference.

Role and Function

The Branch will:

• • represent the members in their dealings with the employing class;

  • elect representatives to higher levels of the Union as required;

  • ensure the complete organisation of all workplaces within their control;

  • mobilise members for the work of the trade union and labour movement as required;

  • adhere to the policies and directives of the National Conference or General Council.

Duties of Branch Officers

• • The duties of Branch Officers will be determined by the General Council and be subject to ratification by the National Conference.

National Executive Committee

Collective Leadership

• • The Union will operate on the principle of a collective leadership.

Composition

• • The National Executive Committee will consist of all National Officers.

Role and Function

• • The National Executive Committee will be responsible for the day-to-day running of the Union. It has the authority to incur expenditure in accordance with the Financial Regulations, but must submit reports on is decisions and recommendations to the General Council for ratification.

Meetings

• • The National Executive Committee will meet at least fortnightly and more frequently as required.

Quorum

• • The quorum will be 50% of those eligible to attend.

General Council

Authority of General Council

• • The general management and control of the Union between National Conferences will be vested in the General Council. It will have full power and authority to act on behalf of the Union in every respect and for every purpose falling within the aims and objects of the Union. It will not do anything that is inconsistent with these Rules or the policies of the Union as determined by the National Conference.

Composition

The General Council will consist of:

• • the National Executive Committee;

  • one delegate from each Branch of the Union;

  • the Chairperson and Secretary of each Industrial Section;

  • the President and General Secretary (or their equivalents) of each affiliated organisation; and

  • one delegate from each Branch of each affiliated organisation.

Role and Function

The General Council will:

• • monitor and approve the work of the National Executive Committee;

  • receive reports from Industrial Sections and affiliated organisations;

  • determine the activities of the Union;

  • report on its work to the National Conference.

Meetings

• • The General Council will meet at least monthly and more frequently as required.

Quorum

• • The quorum will be 33% of those eligible to attend.

Special General Council

A Special General Council can be called by:

• • the National Executive Committee, or

  • a majority of Branches.

A Special General Council will only deal with the matter(s) for which it has been convened.

Industrial Sections

Formation of Industrial Sections

• • The Union will establish Industrial Sections to meet its organisational requirements.

  • The National Conference or General Council will have the authority to establish Industrial Sections.

Composition

• • Industrial Sections will be made up of one delegate from each branch of the Union allocated to that Industrial Section.

Role and Function

Industrial Sections will:

• • elect from their number a Secretary and Chairperson;

  • co-ordinate and monitor industrial relations matters within their industry subject to any overriding policies determined by the national Union;

  • work within the general policies of the Union as determined by the General Council and the National Conference;

  • accept special responsibility for organising workers in their industrial sector, including monitoring the effectiveness of Union branches in their industry;

  • report to the General Council and National Conference on their work.

Meetings

• • Industrial Sections will meet at least quarterly and more frequently as required.

  • The quorum will be 33% of those eligible to attend.

Standing Committees

The Union will establish Standing Committees to meet its organisational requirements.

The General Council will determine the composition, role, function and frequency of meetings of any Standing Committees.

All Standing Committees will report to the General Council.

National Conference

Composition

The National Conference will consist of:

• • members of the National Executive Committee, who will have the right to speak but not vote;

  • the Chairperson of each Industrial Section, who will have the right to speak but not vote;

  • the President (or equivalent) of each affiliated organisation, who will have the right to speak but not vote;

  • delegates from each Branch on the basis of one delegate for each 100 financial members, or part thereof, who will have the right to speak and vote;

  • delegates from each Branch of each affiliated organisation on the basis of one delegate for each 100 financial members, or part thereof, who have the right to speak and vote.

Role and Function

The National Conference is the highest policy making body in the Union and will:

• • receive and ratify the result of the elections for National Officers;

  • receive and consider reports on the activities and the audited financial accounts of the Union for the period since the previous National Conference;

  • consider and determine the budget and activities of the Union for the period to the next National Conference;

  • deal with resolutions from the Branches, Industrial Sections, National Executive Committee, General Council and affiliated organisations;

  • if required, amend the Rules of the Union.

Frequency

• • The National Conference will meet every two years in the month of October unless the General Council authorises some other month in that year.

  • The General Council will determine the date of the National Conference.

Conference Timetable

• • Once the date of the National Conference has been determined, the General Secretary will circulate to all constituent bodies of the Union and its affiliates a timetable providing for the following steps to be taken before the first day of the National Conference:

    • 1. the submission of motions: 4 weeks;

      2. circulation of the final agenda: 2 weeks.

Quorum

• • The quorum of the National Conference will be one-third of the delegates registered to attend and vote.

Special National Conference

A Special National Conference can be called by the General Council or by a majority of Branches.

The Special National Conference will only deal with the matter(s) for which it has been convened.

The composition and quorum of a Special National Conference will be the same as for a National Conference.

Standing Orders

The Standing Orders will be determined by the General Council and be subject to ratification by the National Conference.

National Office

National Officer Positions

The Union will elect the following National Officers:

• • President

  • Deputy President

  • General Secretary

  • Treasurer

  • Assistant General Secretary/Treasurer

  • National Organisation Officer

  • National Education & Research Officer

  • National Equality Officer

  • National Health & Safety Officer

  • Trustees (2)

Election of National Officers

• • National Officers will be elected for a period of three years.

  • Elections will take place during the month of June, or at a date determined by the General Council, providing that such date does not vary the election date by more than two months.

  • National Officers will take office the day after the election results are declared.

Duties of National Officers

• • The duties of the National Officers will be determined by the General Council and be subject to ratification by the National Conference.

Members Rights to Stand for Office

Eligibility to stand for National Office

• • All Full Members of the Union will have the right to stand for election as a National Officer providing:

    • 1. they are a financial member of the Union, and

      2. have been a financial member of the Union for at least one year.

  • National Officers must remain Full Members during their period of office.

  • Rule 16.1.1.2 will not apply during the first three years after the Founding Conference of the Union and this Rule (16.1.3) will cease to have effect and be deleted at the end of that period.

Eligibility to stand for Branch Office

• • All members in a Branch will have the right to stand for election as a Branch Officer in their Branch providing:

    • 1. they are a financial member of the Union, and

      2. have been a financial member for not less than eight weeks at the time of the election.

  • Branch Officers must remain financial members during their period of office.

  • Rule 16.2.1.2 will not apply to the formation of any new Branch.

Associate Members

• • An Associate Member will have the right to stand for election to any position in the Union except that of National Officer.

  • To be eligible to stand for National Office in the Union an Associate Member must become a Full Member.

Not eligible to stand for more than one office

• • No member will be eligible to stand for or be elected to more than one office in the Union except that this does not exclude such officers being elected, in addition, as delegates or representatives to bodies within the Union or as delegates or representatives to external organisations.

  • Rule 16.4.1 will not apply in any elections during the first three years after the Founding Conference of the Union and this Rule (16.4.2) will cease to have effect and be deleted at the end of that period.

Re-election

• • All members will be eligible for re-election in accordance with the Rules of the Union.

Electoral Procedures

Electoral Principles

• • All elections in the Union will be based on the principles of:

    • 1. One Member One Vote;

      2. the right of members, through agreed procedures, to re-call and replace any Officer or representative;

      3. transparency and freedom from intimidation and corruption.

Electoral Procedures

• • The Electoral Procedures, which will be based on the Electoral Principles set out in these Rules, will be determined by the General Council and be subject to ratification by the National Conference.

Vacancies

• • All vacancies that arise for any reason will be filled in accordance with the procedures set out in these Rules, unless such a vacancy occurs within six months of the expiration of the normal term of office.

  • Where a vacancy occurs within six months of the expiration of the normal term of office, the General Council will determine whether the vacancy should be filled immediately or remain vacant.

  • Where an Officer or delegate fails to attend more than three successive meetings without providing acceptable reasons, their position will be declared vacant and steps taken to fill the position in accordance with these Rules.

Right of re-call

• • All Officers, delegates and representatives of the Union will be subject to re-call by the constituency they represent.

Right of Re-call - National Officers

• • Any National Officers position will be subject to re-election if more than 55% of the Branches call for such.

  • To re-call a National Officer, a Branch must:

    • 1. pass a motion to this effect at a properly convened Branch meeting;

      2. ensure that the motion is placed on the Agenda, and

      3. circulate the notice of the meeting to all Branch members not less than fourteen (14) days before the meeting.

  • Demands for a re-call will be send to the General Secretary or, if the General Secretary is the subject of the re-call, the President. The National Executive Committee will immediately report the mater to the General Council and commence the re-election process.

Right of Re-call - Branch Officers

• • Branch Officers will be subject to re-call if a motion to this effect is passed at a properly convened Branch meeting, providing that the motion is placed on the Agenda and circulated to members not less than fourteen (14) days before the meeting.

Right of Re-call - Union Steward

• • Members have the right to re-call a Union Steward from office following a majority vote at a properly convened meeting of the work group that the Union Steward represents, providing that the matter is placed on the Agenda of the meeting and members advised not less than fourteen (14) days before the meeting.

Right of Re-call - Other Delegates and Representatives

• • All other delegates and representatives of the Union will be liable to re-call by the constituency electing them providing that the matter is placed on the Agenda of a properly convened meeting and not less than fourteen (14) days notice being given of the meeting.

Re-election Procedures

• • In the event of any officer, delegate or representative being re-called, the same procedures used for the original election will be used for the re-election.

  • Any member who has been re-called will remain eligible for re-election.

Oath of Office

• • Any member, on being elected to Office, will take the following Oath:

Members Benefits

The Members Benefits will be determined by the General Council and be subject to ratification by the National Conference.

Industrial Action

The General Council will have the authority to call and ratify industrial action.

Affiliations

The Union may affiliate to, assist or support other Unions or organisations where this is consistent with the Founding Principles or policies of the Union.

The Union may accept affiliations from any Union or organisation which is prepared to support the Founding Principles and policies of the Union. The terms of affiliation will be determined by the General Council.

Finances and Banking

Banking

• • The Union will use a reputable banking institution which is most in keeping with the Founding Principles of the organisation and open such accounts as are necessary for the efficient administration of the Union;

  • All Bank Accounts at any level of the Union will be in the name of the Union;

  • No Bank Account will be opened in the name of the Union without the authority of the General Council;

  • All cheques from any Union Bank Account will require the signature of at least three out of four signatories as determined by the General Council.

Financial Year

• • The financial year of the Union will be from 1^st January to 31^st December.

Financial Regulations

• • The Financial Regulations will be determined by the General Council and be subject to ratification by the National Conference.

Auditing

• • The books of the Union will be audited in accordance with the legal requirements.

  • The Auditors Report will be circulated to the General Council and all Branches.

Trustees

• • Trustees will carry out their duties under the direction of the General Council and will obey all lawful instructions of the General Council.

Solidarity Fund

The Union will establish a Solidarity Fund to provide assistance to workers in struggle.

The Solidarity Fund will be administered by the National Executive Committee subject to ratification by the General Council.

The General Council will determine contributions to the Solidarity Fund which will be kept separate from the General Funds of the Union.

Inspection of Books

Any financial member of the Union wishing to examine the books and the names of the members may do so at any reasonable time and it will be the duty of the General Secretary to produce them.

The books will be inspected in the presence of a responsible National Officer of the Union.

Disciplinary Procedures

The Disciplinary Procedures will be determined by the General Council and be subject to ratification by the National Conference.

The Disciplinary Procedures will at all times be based on the principles of natural justice.

Amendments to Rules

Founding Principles

• • The Founding Principles will only be amended at a National Conference or Special National Conference and will require the support of no less than 75% of the delegates present.

Core Rules

• • The Core Rules will only be amended at a National Conference or Special National Conference and will require the support of no less than 55% of the delegates present.

Appendices and Supplemental Policies and Procedures

• • Any Appendices to these Rules or supplemental policies or procedures required by these Rules may be amended at a General Council, Special General Council, National Conference or Special National Conference and will require the support of no less than 55% of the delegates present.

  • Any such amendments made by a General Council or a Special General Council may be implemented but must be ratified by the next National Conference or Special National Conference.

Mergers, Amalgamations and Dissolution

Mergers and Amalgamations

• • In the interests of strengthening the organisations of the working-class, the Union may merge or amalgamate with other organisations providing that this is not inconsistent with the Founding Principles or Aims and Objectives of the Union.

  • Any decision to merge or amalgamate may be agreed in principle by the General Council but must be ratified by the National Conference or a Special National Conference called for such purpose.

  • Such ratification must receive the support of no less than 55% of delegates present and voting.

Dissolution

• • The Union will not be dissolved except by:

    • 1. a vote at a National Conference or Special National Conference convened for such purpose to ballot each financial member of the Union on such a dissolution;

      2. such a vote will require 75% of those eligible to attend the National Conference or Special National Conference to vote in favour; and

      3. a ballot of each financial member which will require the support of 75% of the financial membership.

  • In the event of the Union being dissolved, all debts and other liabilities legally incurred by the Union will be discharged and the remaining funds will be distributed amongst the remaining members in equal proportions or in some other way that they may determine.

Version 1 – Issued: 15^th August 2004

Endorsed by interim National Executive Committee on: 15^th August 2004

Ratified by the General Council on [insert date]

Agreed by the National Conference on [insert date]

Registered with the Registrar of Trade Unions on: 15^th October 2004

Union Registration Number: 501