Constitution – NUPTE

SECTION 1: THE NAME REGISTERED OFFICE AND MOTTO

Subsection 1: The name of the Union shall be the National Union of Postal & Telecommunications Employees (NUPTE)

Subsection 2: The National Secretariat shall be Room 21 White House, NIPOST HQTRS Area 11, Garki, Abuja, FCT.

Subsection 3: The Union may maintain other offices in any part of the country

Subsection 4: The motto: UNITY, PROGRESS AND SECURITY

SECTION 2: OBJECTIVES

Subsection 1: Organization of workers for membership

Subsection 2: Regulation of relations between Employees and Employers and between Employees and employees.

Subsection 3: Establishment and maintenance of a high standard working ethics professional practice

Subsection 4: Advancement of education and training of members

Subsection 5: Provision of benefits and other assistance to members as provided for, in the constitution

Subsection 6: Encouragement of participation of Employees in decision making at the industry they operate.

Subsection 7: Protection and advancement of socio-economic and cultural interests of the community.

Subsection 8: Such other objectives as are not inconsistent with the spirit practice of the labour movement.

SECTION 3: MEMBERSHIP

Subsection 1: Membership shall be open to workers engaged in communication services rendered to the public whether by telegraph, telephone, including the installation and maintenance of such services but excluding professional and administrative cadre.

Subsection 2: Check-off dues shall be remitted as provided in Section 5 (3) of the Labour Act CAP,TI of 2004 and Section 17 (a&b) of the Trade Unions Act CAP T14 of 2004.

Subsection 3: No person shall be deprived of membership of the Union on grounds of sex, religious persuasion, political beliefs, ethic origin, employment status in accordance with the Labour Act. Section 12 (4) as amended.

Subsection 4: Each member shall supplied, free of charge, a copy of the constitution of the Union on admission to membership. Thereafter, each member shall be notified of amendments to the constitution.

Subsection 5: A member shall belong to the Branch/State Council

Where he/she works.

SECTION 4: HONOURARY MEMMBERSHIP

Subsection 1: Members who retire or resign from the service as a result of age, invalidation or such other acceptable grounds may on the discretion of the National Administrative council be granted Honorary live membership of th3e union in appreciation of long and valuable service rendered to the union, provided that the member have had at least ten years of unbroken membership of the union. Such honored person does not subscribe or draw any allowance from the union.

Subsection 2: Honorary live membership may also be conferred on fraternal trade unionist, dignitaries of state and private individuals at the discretion of the union.

Subsection 3: All Honorary live members of the union shall be

Issued with a special certificate designed for that.

SECTION 5: RATE OF SUBCRIPTIONS

Subsection 1: All members of the union shall pay a monthly

Check-off dues of ones (1%) percent of total monthly emolument.

SECTION 6: CINSTITUTION AND GOVERNMENT

Subsection 1: This document, and as it may from time to time be

amended, shall be known as the constitution of the union.

Subsection 2: The constitution shall be deemed to be the basis of

the contract between the members to establish and operate the union.

Subsection 3: All amendments to the constitution must be by

Simple majority at the National Delegate Conference.

Subsection 4: Subject to the over-riding authority of this

Constitution, any Branch/State Council shall have the power to make supplementary rules for the smooth conduct of its internal affairs and such supplementary rules shall have been communicated in writing to the National Administrative Council of the union for accent before implementation.

Subsection 5: Any supplementary rules which contradicts,

Derogates or is inconsistent with the provision of this constitution, or the Trade Union Act shall to that extent be null and void and of no effect.

Subsection 6: Any member shall have the right to initiate action at his

Own expense in connection with any breach of the provision of the constitution

Subsection 7: The organs of the union are as fellows:

National delegates conference (NDC)
National executive council (NEC)
National administrative council (NAC)
State Council
Branch Council
National women Committee
State women Committee

SECTION 7: TENURE OF OFFICE

Subsection 1: Elected officers at all levels shall hold office for a period

Of four years

Subsection 2: An elected officer can be re-elected for another term on

the same position.

SECTION 8: NATIONAL DELEGATES CONFERENCE

Subsection 1: The supreme authority of the Union shall be vested in

the National Delegates Conference and this shall be held once in four years.

Subsection 2: The National Delegates Conference shall consist of

elected National Officers, Chairmen, Secretaries and Treasurers of State Council and Chairmen Branches.

Subsection 3: The business of the National Delegates Conference shall be to receive reports from National Executive Council; to review the past work of the Union and plan future tasks, to elect officers for service until next conference.

Subsection 4: Resolution for discussion at the Conference and motions for the amendment of the Constitution shall be sent by the State/Branch Councils to the Union’s Headquarters not later than eight weeks before the Conference.

Subsection 5: A simple majority of the total delegates shall form a quorum.

Subsection 6: To be elected as a National Officer of the Union, a candidate need not to be a member of the Delegates conference.

SECTION 9: NATIONAL EXECUTIVE COUNCIL.

Subsection 1: The National Executive Council shall consist of all elected officers, former, Chairmen of states/Branch Councils, all department heads in the secretariat and any other co-opted by the NAC.

Subsection 2: The National Executive Council shall meet at least once in a year on the date and venue to be decided by the National Administrative council or at the Council previous meeting

Subsection 3: An emergency meeting of the National Executive Council may be summoned on the directive of the National Administrative Council.

Subsection 4: Items for inclusion on the agenda of the NEC from Council shall be forwarded to the General Secretary, to reach him/her not later than one month before the meeting of the Council.

Subsection 5: The General Secretary in the consultation with the president shall have the power to determine the items to be included on the agenda in order priority.

Subsection 6: The agenda of the Council meeting together with the supporting papers shall be forwarded to the members in advance.

Subsection 7: The president shall preside over the meeting of the Council in his absence the Deputy President or any of the Vice President so delegated if the Deputy is also available.

Subsection 8: The business of the council meeting shall be the consideration and determination of matters included on the agenda.

Subsection 9: Any matter not included on the agenda shall not be entertained at the meeting of the Council.

Subsection 10: It shall be the duty of the National Executive Council to guard and further the interest of members of the Union, carry out policies determined by the Conference, ensure proper and strict observance of the Constitution of the Union by members both individually and collectively, safe-guard the funds of the Union, set up such departments or committees as it may deem necessary for smooth and orderly conduct of the affairs of the Union, issue directives for proper governance and Administration of Union affairs, and perform such functions as may promote the objectives of the Union.

Subsection 11: Every question at meeting of the Council shall be decided by the majority of votes of the members cast in secret ballot or by show of hands.

Subsection 12: No Officer or member of the council shall be entitled to take part in any discussion or to vote on any matter which he/she is personally involved.

SECTION 10: NATIONAL ADMINISTRATIVE COUNCIL

Subsection 1: The National Administrative Council shall consist of all elected National Officers, the General Secretary, Departmental heads and any other co-opted by it.

Subsection 2: It shall be the duty of the National Administrative Council to formulate policies and implement on behalf of the Union.

Subsection 3: The National Administrative Council shall report to the National Executive Council on its duties and take directives from it.

Subsection 4: In the event of death or resignation of a National Officer, the office shall be filled temporarily by the National Administrative Council.

SECTION 11: STATE COUNCIL

Subsection 1: There shall be a state Council in every State of the Federation.

Subsection 2: It shall be the duty of the Council to ensure that Union policy is widely known, understood and implemented, and generally strengthen the Union in its jurisdiction.

Subsection 3: The State Delegates Conference shall consist of the State Administrative Council members and Chairmen, Secretaries, and Treasurer of Branches within the state.

Subsection4: The Council shall hold its officers once in four years on the directive of the National Administrative Council.

Subsection 5: The council shall have power to elect a chairman, Vice chairman, Secretary, Assistant Secretary and Treasurer which is to be called the State Administrative Council (SAC).

Subsection 6: There shall be a state Executive Council whose membership shall comprise the (SAC) and chairman of branches in the State.

Subsection 7: The Chairman shall preside over the meeting of the Council.

Subsection 8: The state executive council shall meet from time to time and provide on the spot supervision of the state office of the union.

Subsection 9: the state executive council shall have the power to remove any officer elected by them over proven cases of constitutional breaches.

SECTION 12: BRANCH COUNCIL.

Subsection 1: The branch council shall comprise the following offices:

Chairman
Vice chairman
Secretary
Assistant secretary
Treasure

Subsection 2: The Branch council shall hold its conference and its officers once in four years on the directive of the state council

Subsection 3: The branch delegates to their conference shall be all financial members of the branch.

Subsection 4: It shall be the duty of the branch council to ensure that union policy is widely known, understood and implemented, and generally strengthen the union in its jurisdiction.

Subsection 5: The chairman shall preside over the meetings of the Branch Council.

Subsection 6: The Branch executive shall report to the State Administrative Council from time to time

Subsection 7: Branch Executive Council shall have the power to remove any officer elected by them over proven cases of Constitutional breaches.

SECTION 13: NATIONAL WOMEN COMMITTEE.

Subsection 1: The National women committee shall comprise of the following offices:

Chairperson
Deputy chairperson
Vice chairperson
Secretary
Assistant secretary
Ex-officio

Subsection 2: The Chairperson of the National women Committee shall be an automatic Vice President of the Union.

SECTION 14: STATE WOMEN COMMITTEE

Subsection 1: The state council shall elect women committee

Comprising the following offices:

Chairperson
Vice chairperson
Secretary
secretary
Ex- officio.

Subsection 2: The state women Committee shall be represented at the National women Committee conference by chairperson of the state council the women committee

Subsection 3: Election into the position of state women committee and

National women committee is for a tenure of four years.

SECTION 15: OFFICERS

Subsection 1: The National Officers of the union are:

The president
Deputy president
2 vice president
Treasurer
Internal auditor
3 trustees
General secretary

Subsection 2: All paid officers of the Union shall be appointed by the National Administrative Council and ratified by the National Executive council

Subsection 3: Any Officer of the Union may resign from his/her officer at any time

Subsection 4: The National Executive Council shall have the power to

remove any National officer on the grounds of ill-health, unsoundness of mind, or for any other reason he/she is unable unsuitable to perform the duties of his/her office subject to the right of appeal to the National Delegates Conference.

Subsection 5: A National Officer removed by the National Executive council shall stand removed until the National Delegates conference decides otherwise.

Subsection 6: On removal from office, a National Officer shall surrender the property of the Union in his/her care to the General secretary and he/she shall settle any debt outstanding in his/her name to the Union.

Subsection 7: The National Executive Council shall have the power to appoint specialists and other staff to facilitate the smooth Administration of the Union. The emoluments of such staff shall be determined by the National Administrative Council and charged to the accounts of the Union.

Subsection 8: Members and Non members of the Union shall be eligible for appointment as staff of the Union.

Subsection 9: No vacancy in any of the bodies established by this Constitution shall invalidate the proceedings of that body.

Subsection 10: The Union shall maintain a proper condition of service

for the full-time officers/staff such as Pension and Gratuity including fringe benefits

SECTION 16: OFFICERS AND THEIR DUTIES

Subsection 1: The President shall preside at all organs’ meeting of the Union. He shall sign the minutes and other official documents. He shall supervise the activities of the Secretariat; and perform all other duties pertaining to the leadership of the Union.

Subsection 2: The Deputy President shall act during the absence of the President and shall also assist him in the performance of his duties.

Subsection 3: The Vice President shall assist the President in the smooth running of the organization. One of the Vice President shall be appointed to act in the absence of the President and Deputy President.

Subsection 4: The Treasurer shall have general supervision of the finances of the Union and shall report on same to the National Administrative Council. He/she shall receive monies on behalf of the Union, promptly pay same to the Bank and keep a true and accurate record of all receipt and expenditure as required by the Constitution and the law of the land and he shall comply with all regulations made by the National Administrative Council to safeguard the funds of the Union

Subsection 5: The Auditor shall thoroughly examine all the account books kept by the accounts department, check all receipt and payments and certify them accordingly. The Auditor shall have access to all books account vouchers and other documents of the Union which they may consider necessary. The Auditor shall prepare a report on the financial position of the Union and the manner in which the accounts have been kept to the National Administrative Council having regards to the provision of the Trade Union Act.

Subsection 6: The Trustees shall have vested in them all real and personal estate and whatever belongs to the Union and shall deal with it in such ways as the National Administrative Council may direct.

Subsection 7: The President, Treasurer and one of the Trustees appointed by the National Administrative Council together shall sign cheque drawn on the current bank account on behalf of the Union and operate savings and financial accounts of the Union.

Subsection 8: The General Secretary shall be a full-time official and shall attend all organ meetings of the Union and shall keep accurate records of these meetings. He/she shall be in charge of all paid staff of the Union and all attend to all correspondence addressed to the secretariat and shall report to the appropriate authorities of the Union. He shall together with his subordinate officers ensure that the affairs of the Union are carried out in accordance with the provisions of this constitution and the law of the land.

Subsection 9: In the absence of the General Secretary, the most Senior Officer in rank shall act on his/her behalf for the smooth running of the administration of the organization.

SECTION 17: UNION FUNDS

Subsection 1: The funds of the Union shall be allocated as follows:

Branches – 15%
State – 20%
National – 55%
Labor Centre – 10%

Subsection 2: All properties acquired for the Union shall be in name of the Union

Subsection 3: The sources of the funds of the Union shall be check-off dues, levies and proceed from economic and social activities

Subsection 4: The National Delegates Conference or the National Executive Council shall have the powers to determine and may vary the financial contributions of members of the Union

Subsection 5: The funds of the Union which are not required for

Current expenses shall, on the directive of the National Executive council, be invested to generate revenue. The Union shall have power to raise loan from banks or levy members for development purpose.

SECTION 18: INDUSTRIAL DISPUTE

Subsection 1: Subject to the provision of the law, members of the

union shall not take part in a strike or interfere with the smooth administration of the services in their undertaking without express approval of the national administration council

Subsection 2: In deciding whether to authorize or not to authorize any

form of industrial action, the national administration council shall be guided by the advice of the state/branch councils where the dispute originated.

SECTION 19: EDUCATION

Subsection 1: The union shall organize educational meetings.

occasional class, prepare educational leaflets and other matters in the interest of the members.

Subsection 2: The union may impose on all member an education fee at any given time.

Subsection 3: The union may in the interest of the organization offer

loans, scholarship or bursaries to any suitable member under such terms at the national administrative council shall sanction.

Subsection 4: The union depending upon its convenience, may adopt

and execute any educational, industrial, cultural, social or economic programme, in the interest of its members or the working class generally

SECTION 20: BENEFIT:

Subsection 1: Benefit derived under this section hall be determined by the NAC

Subsection 2: The union may provide legal assistance to member on

any matter that may be connected with his or her employment, provided that national administrative council is satisfied that the case did not arise out of willful neglect of duty or a criminal act, dishonesty, fraud or in any manner as would discredit the ideal and functions of the union, and provided that National administrative Council is satisfied the facts and that the case is one which needs legal advice and or assistance.

SECTION 21: ALLOWANCES AND HONORARIUM

Subsection 1: The national administration council shall determine

Allowances, bonuses and honorarium to be paid to any union member, officer and staff when necessary in relation to any good service rendered in the interest of the union subject to the ratification of the national executive council.

SECTION 22: Voting

Subsection 1: Voting on any issue shall be by secret ballot or by show of hands. All voting shall be duly recorded

SECTION 23: MEMBERSHIP RIGHTS AND RESPONSIBILITIES

Subsection 1: Each member of a Trade Union should have the right to fully and freely participate in the government of his Trade Union. This should include the right:

To vote periodically, as provided in the Union’s constitution for Branch, State and National Officers either directly or though delegates;
To honest and democratic conduct of elections.
To stand for hold office, subject only to fair and reasonable qualifications uniformly imposed
To express his views as to the method in which the union’s affair should be conducted.

Subsection 2: Each member should have the right to fair treatment

in the application of union constitution:

Trade union disciplinary procedure should contain all the elements to fair play and the rules of natural justice that is notice, hearing and judgment on the basis of the evidences should be observed. A method of appeal to a higher body should be provided to ensure that judgments are not the result of prejudice or bias.

Subsection 3: Each member has the responsibility to fully exercise

his rights of trade union membership and loyalty, to support his/her union. The right of an individual member to criticize the policies of his union and his union offices does not include the right to undermine the union as an institution, to destroy or weaken the union as a collective bargaining agency, or to slander or libel of any officer of the union.

Subsection 4: membership meetings should be held periodically, as

provided for in the union’s constitution with proper notice of time and place. It shall be the responsibility of the union to call such meetings and of the members to attend and participate actively

SECTION 24: RESPONSIBILITIES OF ELECTED AND APPOINTED OFFICERS OF THE UNION.

Subsection 1: No person shall hold or retain elected or appointed office in the union who has been convicted of any crime involving dishonesty and other malpractice offensive to trade union morality or interests.

Subsection 2: No elected or paid Trade Union official’s interest shall

Conflict with his full, effective and unalloyed performance as a workers’ representative.

Subsection 3: All officers and staff of the union shall:

(a) Support then cause of workers and their Trade union.

(b) Defend the constitution of the union at all times

(d) Serve as an effective link between the union and its members.

(e) Be trustworthy and responsible representative of workers to management.

(f) Process all legitimate grievances of workers in accordance with established procedures.

(g) Implement faithfully, agreements voluntarily entered into with the union.

(h) Obey all lawful instructions in the discharge of union functions.

(i) Eschew all forms of individualism which are inimical to the solidarity, stability and progress of trade union movement.

(j) Put the interest of the union and its members above personal interest in the conduct of union affairs.

(k) Render a true account of stewardship to the members of the union as and when the occasion arises.

(l) Abide by majority decision and consider the rights of minority.

(m) Work for the growth of the union in strength and freedom.

(n) Further the cause of industrial democracy, peace, progress and social justice.

SECTION 25: FINANCIAL MATTERS

Subsection 1: The fact that a Trade union is a democratic

Organization implies that the members of the union are entitled to

Assurance that the union funds, which are their funds, are not

Dissipated. They are also entitled to be reasonably informed as to

How the funds of the organization are being used or invested.

Subsection2: Since a union holds its funds in trust for the benefit

Of its membership and to further their interest, it should comply

With standards generally applicable with respect to the manner in

Which it keeps their accounts. Regular audit should be conducted

And there should be appropriate distribution of summaries of such audits so that the membership are adequately appraised of the state of the organizations finances.

SECTION 26: CORRUPT PRATICE

Subsection 1: A basic ethical principle in the conduct of Trade Union affairs is that no responsible Trade Union official should have a personal financial interest which conflicts with the full performance of his duties as workers representatives.

All elected and appointed Trade Union officials should eschew corrupt practices in all it forms, which are not only in financial and political matters but also in those matters which involves loss of Union prestige and jeopardy of Union and membership interests rather than Union assets as such.

SECTION 27: RACKTEERING

Subsection 1: The decisive element in racketeering is personal

Enrichment at the expense of the workers or employers I the industry. For example, excessive demands, invasion of management rights, violence in Trade disputes can be racketeering if the end result is personal enrichment of an individual or group of individuals utilizing their strategic advantages in the Union for that purpose.

SECTION 28: POLITICAL AFFAIRS

Subsection 1: Unless the rules of a Trade Union otherwise provide, in

so far as the funds of a Trade Union represent payments which the members are required to make subscriptions, dues or otherwise those funds shall not be applied (whether directly or through any other Union, association or body, or in any other indirect manner) to the furtherance of any political party objective.

SECTION 29: UNION ELECTIONS

Subsection 1: As bargaining representatives. Trade Union officials

have power in conjunction with employers to fix workers’ wages, hours and conditions of employment. It is therefore obligatory on all Trade Union members to ensure that officials who wield such power are responsive to the desire of the workers whom they represent. The responsiveness of Union official depends upon the regularly of election and honest count of ballots. Every Trade Union official member is therefore obliged not to obstruct the free and fair conduct of election as and when they fall due in accordance with the Union’s Constitution.

Subsection 2: A member seeking for the post of the National President

must be a member of the Union for at least four (4) years and must be a serving or past elected Officer of the State or National

Subsection 3: There shall be a National Electoral Committee to

Conduct election into the National Offices. The committee shall comprise Representatives of NLC, Minister within the industry one former Deputy President of NUPTE before the immediate past

SECTION 30: GENERAL

Subsection 1: The principal aim of TRADE union is to promote their

Members’ interests. The y can do this only if the undertakings in which their members are employed prosper. They therefore have an interest in the success those undertakings and essential contribution to make to it by co–operating in measures to promote increased productivity the efficiency. They also share with management the responsibility for good industrial relations