Top Banner
Services and Enterprises Division Clayton Hotel, Galway 12th-13th April 2018 CONFERENCE AGENDA 2018
26

S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Apr 02, 2018

Download

Documents

vuliem
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Services and Enterprises Division

Clayton Hotel, Galway12th-13th April 2018

CONFERENCE AGENDA

2018

Page 2: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Services and Enterprises Division

Clayton Hotel, Galway12th-13th April 2018

CONFERENCE AGENDA

2018

Page 3: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion
Page 4: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

3

Contents

Conference timetable ..........................................................................................................4

Standing Orders Committee..............................................................................................5

General standing orders for conference........................................................................6

Voting procedures for elections........................................................................................8

Standing Orders Committee report No.2 ..................................................................13

Appendix 1: Motions referred to National Conference..........................................15

Appendix 2: Late nominations and motions ..............................................................16

Nominations for election ..................................................................................................17

Motions ..................................................................................................................................19

Motion, amendment and nomination withdrawal form ..........................................23

Page 5: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Services and Enterprise Division

4

Conference timetable

Thursday 12th April

14.00 Opening CeremonyGuest and union speakers – Marian Spellman, President Galway Trades CouncilAppointment of scrutineers and tellersAdoption of general standing orders for conferenceDistinguished service awards – Andy McCallion - OSI

14.45 Standing Orders Committee reportsElection arrangements

15.00 Chairperson’s address

15.15 2017 report – National Secretary

15.45 Guest speaker- Liam Berney - ICTU

16.10 Motions 1-8

16.45 Guest speaker – Ged Nash

17.30 Conference close

Friday 13th April

9.30 Motions 9-12

10.00 Motions 13-14

10.15 Denis Keane – Global SolidarityJoan McCrohan – FórsaRichy Carrothers – Palestine – Fórsa Questions and answers

11.30 Motions 15-20 (amendments to motions 19 and 20 to be taken before motion is adopted)

12.00 Guest speaker – Liz Blackshaw ITFAshley Connolly – Fórsa

13.00 Closing ceremony

Page 6: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Conference Agenda 2018

5

Standing Orders Committee

Civil Service Division

Siobhan Daly

David Jennings

Helen Lundy

Michelle McMorrow

Finbar Meehan

Tom O’Connor

Education Division

Eileen Coman

Maggie Ryan

Health and Welfare Division

Gerry Foley

Gina McDonald

Local Government and Local Services Division

Kathryn Collins

Rosemarie Conroy

Municipal Employees’ Division

James Cole

Tom Kavanagh

Services and Enterprises Division

Teresa Kearns

Alan Singleton

The standing orders committee for the services and enterprises division is Teresa Kearns andAlan Singleton, however these will be assisted by other members of the national SOC asnecessary at the divisional conference.

Page 7: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Services and Enterprise Division

6

General standing orders for Conference

1. These standing orders shall be read in conjunction with the constitution of the Union. If there isconflict on meaning then the constitution shall prevail.

2. The Standing Orders Committee shall recommend the timetable for Conference and the order inwhich motions and amendments submitted shall be taken. When the time allotted to a group ofmotions has elapsed, the chairperson shall allow the debate in progress to finish. S/he shall thenproceed to the next group of motions, thus guillotining any remaining motions in the current section.Such guillotined motions may be taken up by the chairperson later in Conference as time permits.Otherwise they are automatically referred to the appropriate executive committee.

3. Unless otherwise decided by Conference, only one motion may be before Conference for discussionat any time.

4. Individual motions and amendments should be proposed by a speaker from the appropriate executivecommittee or from the branch which gave notice of the motion or amendment. Where no delegate ofthat branch is present, the motion may be proposed by any other member of Conference. In the caseof motions in common debate, all motions and amendments shall be deemed to be formally proposed,unless the Conference has been given advance notice that the proposer of a motion or amendmentdoes not wish it to be proposed. There is no requirement for any motion or amendment to beseconded. Once the agenda has been adopted, motions may only be withdrawn with the agreementof Conference.

5. Only members of Conference as defined by Rules 16(i) and 20(ii) of the equivalent grade committeerepresentatives as defined in Rule 25(ii)(e) of the Constitution may address Conference1. This ruleshall not preclude the Standing Orders Committee from making recommendations to Conference,which shall be considered immediately by Conference.

6. Unless otherwise agreed by Conference, no member shall address Conference unless s/he isproposing or speaking to a motion or amendment or

(i) is raising a point of order; or

(ii) is raising a point of fact; or

(iii) is delivering the chairperson’s address.

7. All speakers should address Conference from the rostrum or microphone, and should announceher/his name and branch or committee. The proposer of a motion shall speak for not more than four(4) minutes, and all other speakers shall have not more than three (3) minutes. Members of therelevant Executive Committee and members of staff will be limited to three (3) minutes whenclarifying points or answering questions.

8. Where several motions and/or amendments submitted deal with the same topic, Standing OrdersCommittee may produce a composite or comprehensive motion. If it is not possible to do this, theremay be a common debate on the issue covered by the group of motions and/or amendments. The firstspeaker on behalf of the proposing branch or the first speaker on behalf of the DEC in the case ofmotions proposed by the DEC shall be deemed to be the proposer of the motion. Each proposer shallhave a maximum of four (4) minutes. In the subsequent debate, no-one may speak more than once,but each speaker may refer to any of the motion(s)/amendment(s) then before Conference, up to amaximum of three (3) minutes. Proposers of motions taken in common debate shall, subject to thediscretion of the Conference chairperson, have the right of reply but only in respect of the motionproposed by her/him and the right of reply shall be strictly confined to answering previous speakers

1 In accordance with Rules 16(iv) and 20(Iv) and with the exception of the casting vote of the Conference chairperson, only delegates may vote atConference.

Page 8: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Conference Agenda 2018

7

on that motion and/or where clarification has been sought and the proposer shall not introduce anynew matter into the debate. When the chairperson is satisfied that sufficient time has been allowedfor debate, each motion and/or amendment shall be voted on separately in accordance with therelevant Standing Orders Committee report.

9. Amendments to amendments may not be moved, even under the terms of Rules 17(ix) and 21(ix) ofthe constitution.

10. Except as otherwise provided, no member of Conference shall speak to a motion more than once. Forthe purpose of this standing order, an amendment to a motion and a motion which has been amendedshall each be considered to be a new motion.

11. Subject to the discretion of the Conference chairperson, the proposer of a substantive motion, not incommon debate, shall have a right to reply immediately before the motion is put to Conference,provided that opposition has been expressed or clarification has been requested. However, the rightof reply shall be strictly confined to answering previous speakers on that motion and/or whereclarification has been sought and the proposer shall not introduce any new matter into the debate.The proposer of an amendment shall not have a right of reply.

12. The following types of motion may be moved at any time:

i. Motion to “refer to the National Executive Committee or Divisional Executive Committee.” Thechairperson of Conference will then ask the proposer of the motion or amendment if s/heagrees. If not, there will be a short debate on the motion to refer, before Conference decidesthe issue by voting. If the motion to refer is defeated, the original debate will continue.

ii. Motion “that the question be now put.” This motion may only be put to Conference if thechairperson is satisfied that a reasonable amount of time for debate has been allowed. If thechairperson is so satisfied, the motion shall be put without discussion.

iii. Motion “that Conference proceeds to next business.” After this motion has been moved theproposer of the motion/amendment under discussion has the right to speak briefly against theprocedural motion, which shall then be put without further discussion. If it is defeated, debateshall continue on the original motion/amendment.

iv. Motion to “suspend standing orders.” Such a motion shall state the purpose and period of timefor which standing orders shall be suspended. This procedural motion must be passed by three-quarters of the delegates present and voting to be adopted.

13. If two or more members of Conference wish to speak, the chairperson will call on the members whoms/he first observes, except that when a member of the Standing Orders Committee rises, s/he shallbe the next to speak.

14. If, in the opinion of the chairperson, grave disorder has arisen, s/he may at her/his discretion, adjournthe meeting for a specified time.

15. Mobile phones may not be used in the Conference Hall while Conference is in session.

16. No literature, other than Conference documents - agenda, minutes and reports - may be circulated inthe Conference Hall without the express advance approval of Conference by a simple majority ofdelegates present and voting.

17. No smoking or vaping is permitted in the conference premises.

Page 9: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Services and Enterprise Division

8

Brief outline of proportionalrepresentation system as used for Fórsa NEC and DEC elections

There are various different electoral systems used in different countries and organisations to achieve whatare considered in those areas to be democratic outcomes. The UK has the first past the post system insingle seat constituencies where the person with the largest vote – even if well below 50% – gets elected.In France, there are often two rounds – the first to eliminate those other than the top two – and the secondround where one candidate must get a majority to win. In Ireland, we have multi seat constituencies with asystem of proportional representation (PR) with transferable votes. This applies if your first (or second etc.)choice is not elected or is elected with a surplus of votes. The ‘left over’ votes are then transferred to othercandidates of your choice. There are some differences between the PR system used for Dáil elections andthose used for Seanad elections – where the Panel elections and University Seat elections use furthervariations of the PR system. Some years ago the former IMPACT decided on a hybrid version close to theSeanad Panel election system where each vote is treated as being equal to 1,000 votes. CPSU and PSEUoperated broadly equivalent arrangements. While the Fórsa system is designed specifically for NEC andDEC elections it can be used for elections at branch and other levels. Branches and vocational groups are,of course, free to use any of the other Oireachtas models of PR should they wish.

Ballot paper

In any election it is important that the ballot paper is accurate, with candidates listed in alphabetical order(by surname, then first name).

While the ballot paper may give instructions as to how to vote (eg mark, 1, 2, 3 etc. opposite eachcandidate in order of your choice), the ballot paper may not contain any advice or recommendation as towho to vote for.

All ballot papers should have security features. This applies especially where postal ballots are used orwhen voters have possession of ballot papers for a period before the vote. Security features could includea ‘punched’ watermark, different coloured ink/paper, signatures of returning officers and/or other featuresthat make them difficult to reproduce.

The system of distribution of ballot papers must also ensure that only those eligible to vote receive ballotpapers, and that nobody can receive more than one ballot paper. The ballot papers should be placed in asealed box, which is stored safely until the count. Postal ballots received should be placed on arrival in thecount centre in a sealed container. It is essential that the ballot paper cannot identify the voter.

Returning Officer

A Returning Officer, preferably agreed, should be appointed in every case as decisions may be required inrelation to

• The validity of ballots

• The order of distribution of surpluses or

• The elimination of candidates or

• In relation to requests for recounts.

While the Returning Officer may be assisted by various scrutineers (vote counters), only the ReturningOfficer can make decisions. Everyone else is there to assist only.

Page 10: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Conference Agenda 2018

9

Valid ballot papers

One of the first jobs of the Returning Officer is to identify any spoiled or invalid ballot papers. The latterincludes ‘forgeries’ or any ballot paper that does not carry the security marks. All photocopies of ballotpapers are considered to be invalid.

Spoiled votes are those where the ballot paper either does not contain any votes (but might includeuncomplimentary remarks) or does not clearly indicate a preference (eg more than one candidate with thesame preference or ‘X’ etc. marked against them). A ballot paper may be deemed valid for the first orsecond preferences but invalid for subsequent counts (eg ballot paper marked 1, 2, 3, 3, 3. This identifiesthe first two preferences but not subsequent preferences).

First count

All of the valid ballot papers are sorted into parcels according to first preference vote. Each ballot paper isgiven a value of 1,000.

The quota

The quota is calculated by adding all of the valid first preference votes and dividing that number by thenumber of places to be filled plus one (ignoring any fractions), and then by adding one to the result. Forexample, if the number of valid votes was 100,000 (100 votes at value of 1,000 each) and the number ofseats to be filled was 4, the quota is 20,001 i.e. [100,000 ÷ (4+1) +1].

Once a candidate reaches or exceeds the quota, on the first or subsequent counts, that candidate iselected. It is not possible, using this quota system, for more candidates to be elected than the number ofplaces to be filled.

Distribute or eliminate?

The biggest causes of confusion in the PR system are:

• To decide whether to distribute one or more surpluses or to eliminate the lowest candidate(s), and

• If a surplus is to be distributed, how to calculate this and which votes, physically, are transferred.

In one-seat elections, eg union president, treasurer, chairperson of division, this is easy. If one candidateexceeds the quota (50% plus 1 in this case) he/she is elected. If no candidate reaches the quota, then thecandidate with the lowest number of votes is eliminated. More than one candidate may be eliminated at thesame time; if for example, the total of the bottom two candidates does not exceed the votes of the nexthighest candidate.

In the single seat election, the lowest placed candidates are eliminated in order and their secondpreferences (or third preferences etc., if their second preference candidates are already eliminated) aretransferred until one candidate either reaches the quota or only two candidates remain in the race. In thelatter situation the candidate with the highest vote is deemed to be elected without reaching the quota.The ballot papers to be physically transferred in the case of eliminated candidates are the actual ballotpapers showing the next highest preference. Where there is no remaining preference, then the vote is non-transferable.

However, where there is more than one position to be filled, the position becomes more complex.

In multi seat elections (eg union vice president, ‘ordinary’ DEC members), the likelihood is that a number ofcandidates will exceed the quota on the first count. The surpluses in these cases may be very small in eachcase. The issue for the Returning Officer is to decide whether to eliminate one or more candidates orwhether to distribute the surplus(es).

Page 11: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Services and Enterprise Division

10

The Returning Officer will distribute the surplus(es) where the total value of all surpluses to be distributedexceeds the difference in votes between the lowest two candidates. This may alter the order of theselowest candidates and in particular the order in they might be eliminated or moved up the list. TheReturning Officer will distribute all surplus(es), where available) before anybody is eliminated. When eachsurplus is distributed the lowest candidate will be eliminated.

The order in which surpluses are distributed is as follows:

• The greatest surplus is distributed first.

• If there are two or more surpluses that are equal the first to be distributed is the surplus thatarose on the earliest count.

• Where this is also equal the surplus to be first distributed is that of the candidate with thehighest first preferences.

• If all of these are still equal, the first surplus to be distributed is that of the candidate who wasfirst ahead of the other candidate at the first count at which they were unequal.

• If there was no such count (eg first count surplus only to be distributed) then the ReturningOfficer shall decide by lot* which surplus to distribute first.

The order in which candidates are eliminated is as follows:

• The candidate with the lowest vote (total original and transferred) is first eliminated.

• Where two or more candidates equally have the lowest vote, the candidate who is firsteliminated is that who received the lowest first preference votes.

• Where these are equal, the first candidate to be eliminated is that which was lowest at the firstcount at which they were unequal.

• Where these are equal (or cannot arise, as in the first count) the Returning Officer can exercisejudgement based on a scrutiny of the preferences cast, however if the judgement of theReturning Officer is that they are still equal he/she shall decide by lot* which of them is to beeliminated first.

Where the votes of the lowest two or more candidates together with the total surpluses to be distributeddoes not exceed the votes of the next highest candidate, these may all be eliminated together,

*For the avoidance of any doubt “by lot” means a first preference paper of each equalcandidate is placed in a hat and one is drawn out. The remaining paper (NOT the paper that hasbeen drawn out) is the candidate to remain in the election.

Physical transfer of Ballot Papers

Where a surplus is to be distributed, the number of second preference (or next highest preference votes ifthe second preference is already elected or eliminated and so on) is calculated and the ballot papers areplaced in bundles by reference to the second (or next highest preference vote as the case may be). Non-transferable votes (if such exists) are placed in a separate bundle. A ballot paper is non-transferable if itdoes not indicate a preference for a remaining candidate (eg there may not be any second or laterpreference indicated or any such candidate(s) may be already elected or eliminated.

The value of each bundle of votes is calculated by assigning a value to each vote by reference to theproportion of the surplus votes (of the elected candidate whose surplus is being distributed). Thesebundles (of ballot papers) with the ‘adjusted’ value written on the top are then physically transferred to thebundle of the appropriate candidate’s first and any other transferred votes.

Where a candidate is eliminated their second preference votes (or remaining preferences as appropriate)are transferred to the remaining candidate who is named next highest on their list of preferences. Each ofthese transferred votes (if original votes or votes already valued at 1,000 from other eliminatedcandidates) is valued at 1,000 each, exactly the value as if they were first preference votes. This does notapply where the eliminated candidates’ votes contain original and transferred “surplus” votes.

Page 12: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Conference Agenda 2018

11

The value of each of the transferred “surplus” votes in this case is based on the value allocated at the timeof the transfer. The other original votes and preference votes (but not those not containing “surplus” votes-see last paragraph) transferred from other eliminated candidates are valued at 1,000 each.

Elected without reaching the quota

Where at the end of any count the number of remaining candidates equals the number of vacanciesremaining to be filled, they are deemed to be elected even if they have not reached the quota.

Where there is only one vacancy remaining and the highest placed candidate cannot be overtaken by anyother remaining candidate (even if the next highest placed candidate were to receive the total value of anyundistributed surpluses and the votes of all candidates to be eliminated) then that candidate is deemed tobe elected.

Result sheet

The Returning Officer should complete the result sheet as the election proceeds showing:

(1) The total number of votes cast.

(2) The number of spoiled votes.

(3) The total valid poll.

(4) The number of seats to be filled.

(5) The quota.

(6) The list of candidates and their votes, showing transferred votes etc., at each count.

This result sheet should be made available to all candidates and everyone else with an interest in theoutcome of the election eg a copy could be posted in the count centre, conference hall, etc. The ReturningOfficer will make the result sheet available to the candidates, and respond to any queries they may have,prior to making it available to others with an interest in the election.

Re-count

The conference election procedures do not specifically provide for re-counts.

However, the Returning Officer may at any time during the count require a re-count of some or all of theballot papers if he/she has any reason to be concerned that an error may have been made.

There is no specific provision for candidates to seek a re-count either in part or in total. However, aReturning Officer would be required to have regard to any points made by candidates as to why a full orpartial re-count should take place when deciding whether to order such a recount eg if a clear error wasspotted, where in the judgement of the Returning Officer the votes are close enough for any possible errorto have a material effect on any outcome.

It would generally be useful to agree the timescale within which candidates could seek a re-count. This isrequired for very practical reasons, including that the conduct or outcome of later elections may bedependent on the outcome of the election in dispute eg at union conference the vice president electionsare not held until the presidential and treasurer election results are known. The security of the ballotpapers is also an important factor if there were delays in holding a recount. As such, any requests for re-counts should preferably be made before the declaration of the results.

Page 13: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Services and Enterprise Division

12

Fórsa conference election procedures

Rule 19 covers the divisional executive and its officers.

In the case of the Civil Service Division, the divisional executive includes a chairperson or cathaoirleach,two vice-chairpersons or leas-cathaoirligh, and provides that the chairperson or cathaoirleach and vice-chairpersons or leas-cathaoirligh shall not be from the same constituency. The constituencies are: formerCPSU, former IMPACT, and former PSEU.

The election of the chairperson or cathaoirleach is straightforward. A standard PR STV election isconducted and the winner is elected.

Following that election, any candidates from the winner’s constituency for the positions of vice-chairperson or leas-cathaoirleach are excluded from the election and any preferences voted for any suchcandidate move to the next preference. However there is a possibility that two candidates from the sameconstituency could be ‘elected’ in the vote for vice-chairpersons or leas–cathaoirligh. In that event, the lastcandidate elected from a constituency that has had a candidate already elected shall be replaced by thelast eliminated candidate from a constituency that has not had a candidate elected.

If a vacancy subsequently arises in the office of chairperson or cathaoirleach, it shall be filled by theelection by the DEC of a vice-chairperson or leas–cathaoirleach. In turn, the Divisional Executive shall electa member of the Divisional Executive to fill that vacancy of a vice-chairperson or leas–cathaoirleach fromthe constituency of the original chairperson or cathaoirleach in order to fulfil the requirement regarding thethree officers coming from different constituencies.

Rule 23 covers the National Executive and its officers. The president, treasurer and three vice-presidentsmust be from different divisions. For the purposes of this rule, the Local Government and Local ServicesDivision, and the Municipal Employees’ Division are combined.

The election of the president is straightforward. A standard PR STV election is conducted and the winner iselected. Following that election, any candidates from the president’s constituency for the position oftreasurer are excluded from the election and any preferences voted for any such candidate move to thenext preference.

The election of the treasurer is also straightforward. A standard PR STV election is conducted and thewinner is elected. Following that election, any candidates from the treasurer’s and president’sconstituencies for the positions of vice-presidents are excluded from the election and any preferencesvoted for any candidates move to the next preference.

However there is a possibility that two or three candidates from the same constituency could be ‘elected’ inthe vote for vice-president. In that event, the last candidate elected from a constituency that has had acandidate already elected shall be replaced by the last eliminated candidate from a constituency that hasnot had a candidate elected. In the event that this does not satisfy the rules, then the second lastcandidate from a constituency that has had a candidate already elected shall be replaced by the lasteliminated candidate from a constituency that has not had a candidate elected.

When a vacancy arises in the office of president, it shall be filled by the senior vice-president.

When a vacancy arises in an office of vice-president, subject to the requirement that the president,treasurer and three vice-presidents must be from different divisions, the rule prescribes that it shall befilled by the person who, in the election held at the previous biennial meeting of the union conference, mostclosely failed to be elected, provided that, when there is no such person, the vacancy shall be filled by theelection of a member by the National Executive.

March 2018

Page 14: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Conference Agenda 2018

13

Standing Orders Committee Report No.2

This report is a consolidated report including Standing Orders Committee Report No.1.

1. Motions and nominations received

Thirty two (32) motions were received by the deadline and twenty (20) are included on the final agenda, theremaining 12 were considered by the SOC to be more appropriate for the national conference agenda. Allnominations received in time are set out elsewhere in this conference booklet for your information. Somenominations and motions were received late and are not recommended for the final agenda. These are setout in appendix 2 below.

2. Motions considered to be out of order

No motions are considered to be out of order, as such, at this stage. The SOC has adjusted the unionterminology in some to make them in order. However as mentioned above some 12 were considered by theSOC to be more appropriate to the national conference and have been referred there for inclusion in itspreliminary and final agenda (See Appendix 1).

3. Motions appropriate to divisional conference

In accordance with rule and until decided otherwise at national conference, each divisional conferenceshall determine policy on pay, conditions and other matters affecting only the members in the division.However, divisional conferences may also consider other matters provided that they are not matters whichare of sole concern to the members of another division or which conflict with policy as previouslydetermined by the union conference. Decisions of divisional conference in relation to such matters have thestatus of recommendations to the national executive who shall decide on any action to be taken.

Where a motion covers a matter that has, or could have, both divisional and central (i.e. more than onedivision) dimensions, it is recommended that unless the substance or text of that motion clearly requiresotherwise, it should be presumed that it is intended by the proposers as a matter for action at divisionaland not at central level within the union. As such, motions in this category would not be deemed to fall intothe category of advice to the NEC. However, such motions cannot be portrayed as deciding anything otherthan divisional policy on the issues covered.

This SOC Report No.2 identifies motions 15, 19, and 20 which if carried, have the status ofrecommendations to the NEC.

The SOC is aware that a process of branch renaming (for union administration purposes only) is ongoing,and have indicated this on the proposing branch reference where applicable.

4. Amendments received

A total of two amendments were received by the deadline as set out in rule. No amendments were receivedlate.

Page 15: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Services and Enterprise Division

14

5. Amendments considered out of order

None of the amendments received were deemed to be out of order by the SOC.

6. Standing orders committee

The standing orders committee for the services and enterprises division is Teresa Kearns and AlanSingleton, however these will be assisted by other members of the national SOC as necessary at thedivisional conference. The names of the 16 SOC members are set out elsewhere in this document.

7. Brief outline of proportional representation system as used for Fórsa elections

The SOC is recommending to all conferences that this document be formally adopted as part of SOCreport No.2.

8. Withdrawal/remission of motions

The SOC has not been made aware at the time of drafting this report of any proposing branches seeking oragreeing to the withdrawal or remission of any of the numbered motions from the preliminary agendaissued on 15 February 2018. Any branches attending conference who wish to do so may use the formsupplied at the back of this agenda booklet.

9. Withdrawal of nominations

The SOC has been notified of a number of these at the time of writing this report and have advised thenominations accordingly. The SOC wish to advise that if any branches are of a mind to withdraw anymoreand would prefer for these not to appear on the ballot papers issued at conference then they must berequested by noon on Wednesday 5th April 2018. Nominations may be withdrawn at the conferencebefore the elections using the form supplied at the back of this agenda booklet.

10. Emergency motions

The Union rules provide that motions or amendments not included in the final agenda cannot be consideredat conference other than where two-thirds of the delegates agree to add a motion of which timely noticecould not have been given (ie where it refers to events that have occurred since the final date for receipt ofmotions. At the time of writing the SOC has not received any for consideration.

Branches and divisional executive who have queries or who wish to seek changes to standing orders or SOC reports are asked to contact the SOC as soon as possible, preferably well before conference. The SOC will also be available in the conference

hotel to branches on the opening day Wednesday 12th April 2018.

Page 16: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Conference Agenda 2018

15

APPENDIX 1

Motions referred to national conferenceNote: These motions will not be using the numbers below at national conference.

Motion 21 - RSA Professional BranchThat Fórsa seek the full repeal of the FEMPI legislation which was used to remove legitimate allowances and the reinstatement ofthem.

Motion 22 - RSA Professional BranchThat Fórsa will negotiate a better deal for those who wish to continue to work after age 65, ie that they should remain on point ofsalary scale as prior to age 65, that the time served will count towards pension entitlement at retirement for those with less than 40years service.

Motion 23 - National Museum BranchThat Fórsa continues to oppose the use of agency staffing and or the outsourcing of functions within the public service, which haveuntil now been delivered by Fórsa members. Where functions have already been agency staffed or outsourced, or were temporarilyagency staffed or outsourced during the downturn, that Fórsa immediately engages with management a view to reversing this andseeking the provision of all public services through direct employment.

Motion 24 - National Museum BranchThat Fórsa continues to seek a job evaluation scheme across the whole public service, so that different employees carrying out thesame work are employed at the same grade, in accordance with the principle of “equal pay for equal work.”

Motion 25 - National Museum BranchThat Fórsa seeks a commitment that the Irish public service, as an employer, fully supports work-life balance arrangements. Thataccess to such arrangements as flexible working hours, work sharing arrangements and career breaks should be granted to thegreatest extent possible and through a transparent and fair mechanism across the Public Service.

Motion 26 - Communications BranchThat Fórsa initiates a systematic review of all employment law affecting our members and potential members to identify inequities sothat we may develop appropriate responses to them.

Motion 27 - Science and Arts Attendants BranchThis national conference notes the role played by family members many of who are grandparents in providing childcare for others intheir extended family. Increasingly younger women can only hope to access lower paid employment if their parents/grandparentsprovide childminding support as they cannot afford external professional child care. This conference instructs the incoming NEC andEquality and Diversity Committees to redouble this union’s efforts to secure better and more affordable childcare support for parentsseeking to re-enter the workforce.

Motion 28 - Marine BranchThis conference instructs the incoming DEC to support the reinstatement of maternity leave cover where it is clearly practical acrossthe PS as a matter of urgency to maintain a healthy, safe and motivated workforce where in some cases maternity leave may be up toa maximum of ten months.

Motion 29 - Marine BranchThis conference instructs the incoming DEC to seek mechanisms for those who stay on in the workplace after they have gained 40years as full reckonable service for practical matter, in order that they do not have to pay further into pension for those additionalyears.

Motion 30 - Marine BranchThis conference instructs the incoming DEC to address the current adoptive leave entitlements as there is a disparity between thisand current maternity leave entitlements so that all children are treated equally in terms of access to parental care.

Motion 31 - Marine BranchThis conference instructs the incoming DEC to seek an immediate increase in paid paternity leave for fathers from two to ten weeksas current entitlements for fathers are well below those in other EU member states.

Motion 32 - Science and Arts Attendants BranchWith further scientific evidence of the environmental and health damage that plastic is having on the earth, I/we call on the executiveto maintain a minimum use policy in all business of the union and to include this issue in its social and political campaigns goingforward.

Page 17: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Services and Enterprise Division

16

APPENDIX 2Late nominations and motions (Received after the closing date)

Nominating Branch: IALPA

Position Name Branch

Chairperson Niall Mulally Cabin Crew

Vice Chairperson Evan Cullen IALPA

Divisional Executive Member

Cormac Craven

Evan Cullen (NEC)

Simon Groghan

Geraldine Hickey

Terry Kelleher

Philip Lambert

Jimmy O’Loughlin

Helen Sheridan

Motion 33 - IALPA

This union will formulate a written plan for organising of cabin crew in Ryanair. The plan will detail resourceneeds and support structures for those Ryanair cabin crew who are involved in this organising campaign.

Page 18: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Conference Agenda 2018

17

Nominations for election

Cathaoirleach/chairperson (one position)

Nominee Nominating branch

Eugene Gargan Local Enterprises

Niall Mullally Cabin Crew, Marine branch

Steve Pilgrim Ordnance Survey, AMRO, Aviation Safety, Air Traffic Control, Fáilte Ireland, Communications

Leas-cathaoirleach/vice Chairperson (one position)

Nominee Nominating branch

Evan Cullen Cabin Crew, Marine branch

Tony Dawson Air Traffic Control

Eugene Gargan Teagasc General, AMRO, Ordnance Survey, Fáilte Ireland, Community Employment Supervisors, Communications, Aviation Safety

Steve Pilgrim Local Enterprises

Divisional executive committee members (17 members)

Nominee Nominating branch

Grace Conlon Local Enterprises, Teagasc General, Air Traffic Control, Fáilte Ireland, AMRO

Cormac Craven Cabin Crew

Evan Cullen Cabin Crew, Teagasc General, Marine branch

Tony Dawson Teagasc General, AMRO, Aviation Safety, Local Enterprises, Air Traffic Control, Ordnance Survey, Fáilte Ireland, Community Employment Supervisors

Pierce Dillon An Bord Pleanala, Cabin Crew, Teagasc General,Community Employment Supervisors

Willie Doyle Science & Arts Attendants

Eugene Gargan AMRO, Aviation Safety, Air Traffic Control, Ordnance Survey, Fáilte Ireland

Geraldine Hickey Cabin Crew, IAA

Terry Kelleher Cabin Crew, An Post

Carmel Keogh Cabin Crew, Teagasc General, Air Traffic Control, Fáilte Ireland, Community Employment Supervisors

Louise McLoughlin State Enterprises No.1

Des Mullally AMRO, Aviation Safety, IAESA

Page 19: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Services and Enterprise Division

18

Divisional executive committee members (17 members) continued

Nominee Nominating branch

Niall Mullally Cabin Crew, Teagasc General, AMRO

James O’Loughlin Cabin Crew, Teagasc General, AMRO, Aviation Safety, Air Traffic Control, Ordnance Survey, Fáilte Ireland, IAESA

Alan O’Neill Cabin Crew

David Orford Local Enterprises, Teagasc General, AMRO, Aviation Safety, Air Traffic Control, Fáilte Ireland

Ian Patel Eir, Community Employment Supervisors

Steve Pilgrim Ordnance Survey, Teagasc General, Fáilte Ireland,

Karen Robinson Cabin Crew

Michael Scully Ordnance Survey

Helen Sheridan Cabin Crew, Teagasc General, AMRO, Aviation Safety, Air Traffic Control, Ordnance Survey, Fáilte Ireland, Community Employment Supervisors

John Sullivan AMRO, Aviation Safety, Air Traffic Control

Louise Wall Road Safety Authority, Fáilte Ireland

Gillian White Air Traffic Control

Third divisional representative on NEC (one position)

Nominee Nominating branch

Evan Cullen Cabin Crew, Marine branch

Tony Dawson AMRO, Fáilte Ireland, Communications

Pierce Dillon An Bord Pleanala

Terry Kelleher An Post

Niall Mullally Cabin Crew

Helen Sheridan Air Traffic Control, Community Employment Supervisors

Standing orders committee (two positions)

Nominee Nominating branch

Anna Farrell Fáilte Ireland

Teresa Kearns State Enterprises No.1

Page 20: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Conference Agenda 2018

19

Motions

Motion 1 – Cabin Crew Branch

This conference, reaffirms the value of internal dispute resolution bodies in the workplace and calls onFórsa to redouble its efforts in protecting and promoting the use of these bodies. Conference directs theservices and enterprises divisional executive to ensure the agreements underpinning them are respectedfully. Conference particularly condemns the refusal of Aer Lingus to implement the provisions of itscollective agreement on internal dispute resolution.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 2 – Cabin Crew Branch

This conference directs the services and enterprises divisional executive to examine payroll andassociated systems used by employers which make it difficult for the worker to clearly understand howwage payments are calculated. Where such systems are identified, conference directs the services andenterprises divisional executive to prioritise the securing of user-friendly, transparent systems that alloweasy access to and checking of wages due.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 3 – Air Traffic Control Branch

This conference instructs the services and enterprises divisional executive to work to ensure that the IrishAviation Authority is retained in state ownership.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 4 – Air Traffic Control Branch

This conference directs the services and enterprises divisional executive to ensure that front line safetycritical personnel should not be subject to mandatory overtime clauses in contracts of employment.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 5 – Aviation Safety Branch

This conference instructs the incoming Divisional Executive Committee to oppose the implementation ofall measures contained in the National Policy Statement on Airport Charges Regulation as published by theDepartment of Transport, Tourism and Sport. Conference further reiterates its full support for the positionadopted by the ICTU and its constituent unions in the aviation sector against all of the measures containedin the National Policy Statement on Airport Charges Regulation as published by the Department ofTransport, Tourism and Sport.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 6 – IAESA Branch

This conference condemns the failure of Government to develop a regional aviation policy. Conferenceinstructs the incoming divisional executive committee to call on ICTU to engage with the minister on thedevelopment of a regional aviation policy.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Page 21: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Services and Enterprise Division

20

Motion 7 – IAESA Branch

This conference instructs the incoming divisional executive committee to oppose with all means at itsdisposal the introduction of any form of privatisation throughout the state run aviation sector as a result ofeither the Department of Transport, Tourism and Sport (DTTAS) capacity review for state airports or theDTTAS National Policy Statement on Airport Charges.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 8 – Air Traffic Control Branch

This conference directs the services and enterprises divisional executive to ensure that commercial semi-state organisations should not be paying a dividend at the expense of employee benefits including pension.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 9 – Community Employment Supervisors Branch

This conference calls on the services and enterprises divisional executive for continued support in ourendeavours to achieve a Pension/Gratuity payment for CE supervisors/assistants as per our Labour CourtRecommendation of July 2008.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 10 – Community Employment Supervisors Branch

This conference directs the services and enterprises divisional executive to seek the establishment ofstructured pay scales for local training initiative supervisors/co-ordinators similar to those already in placefor community employment supervisors.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 11 – Community Employment Supervisors Branch

This conference directs the services and enterprises divisional executive to ensure that changes toexisting work practices or the introduction of new systems etc. proposed by the Department ofEmployment Affairs and Social Protection in the future will only take place followingconsultation/agreement with the union and such changes should only be implemented after full andappropriate training being provided to supervisors/assistants to ensure a smooth introduction of any suchchanges.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 12 – Community Employment Supervisors Branch

This conference directs the services and enterprises divisional executive to seek a job evaluation exercisebe carried out for the roles of CE supervisors/assistants. Such a process should give recognition to andacknowledge the many changes to and introduction of new work practices, along with the huge increasedlevels of responsibility in the role over the last number of years.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Page 22: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Conference Agenda 2018

21

Motion 13 – An Post Branch

This services and enterprises divisional conference notes that in many instances a work measurementemployee/engineer is used in relation to employee levels, work volumes etc. by management. Their findingsand presentations can go unverified. Therefore this conference instructs our newly amalgamated unionFórsa to fully resource (promptly, financially and other) the appointment and procurement of a relevantlyqualified work measurement engineer for branches to use as they deem required. This will enable andfacilitate branches to further challenge the veracity of such calculations going forward.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 14 – Road Safety Authority Branch

This conference instructs the services and enterprises divisional executive to seek the withdrawal fromPeoplePoint of the Road Safety Authority and reinstatement of a full HR section within the RSA.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 15 – Communications Branch

That the services and enterprises divisional executive of Fórsa commissions an updated report on thefailure of neo-liberal politics in our small open economy in order to expose the true cost of privatisation,outsourcing and unfettered free market forces has been for our members and the citizens of Ireland.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 16 – Communications Branch

This conference notes that benchmarking processes used by employers to determine pay are not fair andor transparent. This conference instructs the services and enterprises divisional executive to lobby for astandardised process that is fair and transparent supported by the WRC and Labour Court.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 17 – Communications Branch

This conference notes that in the services and enterprises division employees’ roles and job descriptionsare often being changed without consultation or agreement of the employee. This conference instructs theservices and enterprises divisional executive to influence a standardised best practice to be adopted byemployers to agree and review employee role/job descriptions on a regular basis.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 18 – Marine Branch

This conference instructs the incoming divisional executive committee to support efforts and also raise theprofile to recognise the rights of mariners attached to the Marine Institute’s two research vessels that theyshould have access to the sea farers tax allowances.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Page 23: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Services and Enterprise Division

22

Motion 19 – Marine Branch

Conference condemns the Government Circular 10 of 2017 “Recovery of Salary, Allowances, andExpenses Overpayments made to staff members/former staff members/pensioners”, specifically Section2, that requires all overpayments to be repaid within a 12 month period, no matter the amount. Conferencerecognises a key Fórsa objective is to promote the interests of its members. Conference requires theservices and enterprises divisional executive committee to consider civil proceedings in the interests oftheir members and therefore not agreeing to the use of IR binding settlements on behalf of its membersthat have been overpaid under Circular 10 of 2017.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Amendment to Motion 19 – Marine Branch

Conference condemns the government circular 10 of 2017 “Recovery of Salary, Allowances, and ExpensesOverpayments made to Staff Members/Former Staff Members/Pensioner’s”

Specifically Section 2:

2.1 “Departments and Offices have an obligation to put repayment plans in place for alloverpayments, regardless of how the overpayment has occurred.

2.2 For the generality of overpayments… a repayment plan will be devised that eitherfacilities (a) a minimum repayment of 8% of gross salary per pay period or (b) recoupmentof the money owed within a 12 month time frame, whichever achieves the repayment ofthe monies owed to the Exchequer in the shortest time frame”.

Conference requires Fórsa to consider and fully utilise legal advice and recourse in the civil courts in theinterests of their members where substantial overpayments, and or overpayments over extended periodsof time are concerned. Conference requires Fórsa not to agree to the use of IR binding settlements onbehalf of its members who have been overpaid under circular 10 of 2017. Conference recognises a keyFórsa objective is to promote the interests of its members.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Motion 20 – Marine Branch

Conference condemns that not all public servants are treated in the same way when they have receivedoverpayments. Conference recognises that a key Fórsa objective is the promotion of equity and equality insociety. Therefore conference demands that the services and enterprises divisional executive committeecampaigns for equality towards all public servants in the recovery of salary, allowances and expensesoverpayments made to public servants, former public servants and pensioners by the Department of PublicExpenditure and Reform.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Amendment to Motion 20 – Marine Branch

Conference contends that not all public servants are treated in the same way when they have receivedoverpayments.

Conference demands Fórsa to campaign for transparency and equality towards all public servants in therecovery of salary, allowances and expenses overpayments made to public servant, former public servantsand pensioners by the Department of Public Expenditure and Reform.

Conference requires Fórsa to investigate and pursue all government departments, who maintainoverpayments have occurred to Fórsa members, through both IR forums and/or civil courts to achievefairness and adjudication in line with prevailing rights under the jurisdiction of the civil courts.

Conference recognises that a key Fórsa objective is the promotion of and equity, equality and justice insociety.

Withdrawn n Amended n Carried n Not Carried n Remitted n

Page 24: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Conference Agenda 2018

23

Fórsa divisional conference 2018

Motion, amendment and nominationwithdrawal form

..........................................................................................................................................................Branch wishes to withdraw:

[Please use BLOCK capitals]

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Name of principal delegate ............................................................................................................................................................

Signature of principal delegate ....................................................................................................................................................

Date ............................................................................................ Time ..........................................................................................

SOC signature .......................................................................... Date .............................................. Time ................................

Motion number

Motion number

Motion number

Motion number

Motion number

Amendment to motion

Amendment to motion

Amendment to motion

Amendment to motion

Amendment to motion

Page 25: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

Services and Enterprise Division

24

Fórsa divisional conference 2018

Motion, amendment and nominationwithdrawal form

..........................................................................................................................................................Branch wishes to withdraw:

[Please use BLOCK capitals]

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Election ...................................................................................... Nomination ............................................................................

Name of principal delegate ............................................................................................................................................................

Signature of principal delegate ....................................................................................................................................................

Date ............................................................................................ Time ..........................................................................................

SOC signature .......................................................................... Date .............................................. Time ................................

Motion number

Motion number

Motion number

Motion number

Motion number

Amendment to motion

Amendment to motion

Amendment to motion

Amendment to motion

Amendment to motion

Page 26: S&EAgendaCover Layout 1 - forsa.ie · Education Division Eileen Coman Maggie ... there will be a short debate on the motion to ... proposer of the motion/amendment under discussion

forsa_union_ie

forsaunionie

Fórsa Trade Union

Fórsa trade union

forsa_union

forsa.ie