Regulations

2.1 The cancellation of a certificate of competence or licence, as provided for in Rule 6.2 and as a result of an official inquiry into a maritime incident, may, at the discretion of the Council, lead to a payment of a sum up to the equivalent of the member’s basic salary for a period of 18 months at the rate payable at the time of the incident giving rise to such cancellation, but not exceeding £127,800 in aggregate. Of the sum determined by the Council to be payable, one-half £63,900 shall be payable on the promulgation of the decision of the official inquiry and the other half shall, provided that no revision of the decision of the official inquiry has by then been made, be payable after six months have elapsed since the decision. Any payments are subject to the provisions of Rule 6.3

2.2 The suspension of a certificate of competence or licence, as provided for in Rule 6.2 and as a result of an official inquiry into a maritime incident, may, at the discretion of the Council, lead to monthly payments during suspension of a sum up to the equivalent of the member’s basic monthly salary payable at the time of the incident giving rise to such suspension. No monthly payment shall exceed £10,900 per month, and the number of such payments shall not exceed eight. In the event of a suspension prior to an official inquiry, payments shall not be made until after the promulgation of the decision of the official inquiry but may be backdated if the suspension is confirmed by the official inquiry. Payments shall not be made in addition to any payments made under Regulation 2.3. Any payments are subject to the provisions of Rule 6.3.

2.3 The granting of lower grade certificates of competence or licences as a result of an official inquiry into a maritime incident, may, at the discretion of the Council, lead to monthly payments during compulsory tenure of a lower grade certificate or licence of a sum up to the equivalent of three-quarters of the member’s basic salary payable at the time of the incident giving rise to the tenure of a lower grade certificate or licence. No total monthly payment shall exceed £5,450 per month and the number of such payments shall not exceed eight. Payments shall not be made in addition to any payments made under Regulation 2.2. Any payments are subject to the provisions of Rule 6.3.

2.4 In the event of a member being ordered to pay a sum towards the cost of an official inquiry into a maritime incident or similar court case and subject to the discretion of the Council in every case, the Union may reimburse a member such sum as the Council may at its discretion determine. Any payments are subject to the provisions of Rule 6.3.

2.5 In the event of a member holding a marine or air Certificate or Licence in addition to an Air Cushion Vehicle or Hovercraft Licence being required to attend more than one official inquiry as a result of one incident or one series of incidents the legal costs and costs of representation payable under Regulations 2.4 and Rules 6.1, and 6.2 shall only be payable in respect of one such Inquiry. The Inquiry for which costs are payable shall be at the member’s choice. Any payments are subject to the provisions of Rule 6.3.

2.6 The cancellation of an Air Cushion Vehicle or Hydrofoil Licence, as provided for in Rule 6.2 and as a result of an official Inquiry, may, at the discretion of the Council, lead to a payment of a sum up to the equivalent of 18 months’ basic salary payable at the time of the incident giving rise to such cancellation but not exceeding £63,900. Any payments are subject to the provisions of Rule 6.3.

2.7 The suspension of an Air Cushion Vehicle or Hydrofoil Licence, as provided for in Rule 6.2 and as a result of an official inquiry, may, at the discretion of the Council, lead to monthly payments during suspension of a sum up to the equivalent of the member’s basic monthly salary payable at the time of the incident giving rise to such suspension. No monthly payment shall exceed £5,450 per month and the number of such payments shall not exceed eight. The payments mentioned in this Regulation shall not be payable in the event of any Benefit being payable under Regulations 2.1, 2.2 or 2.3 as a result of any other Certificate or Licence being cancelled or suspended. Any payments are subject to the provisions of Rule 6.3.

2.8 For the purposes of Rule 6.1, where the Council decide to pay a member’s legal costs, the amount of the costs which can be incurred without the authority of the General Secretary should a member be ordered to attend a naval court or other court of inquiry held outside a country specified under Rule 6.1, as a party shall be £2,950 with effect from 1 January 2021.

2.9 The amounts of payments detailed in Regulations 2.1 to 2.3 and 2.6 to 2.8 inclusive shall be reviewed by the Council annually and be increased broadly in line with the percentage increases in membership subscription rates.
The sums given in this Regulation 2, shall, where the member is not a member of the UK Branch, be converted into the currency applicable within the country of that Branch calculated using the exchange rate as determined by the Council applicable at the date the benefit is payable.

3.1 The Chair of the Council, a Vice-Chair and Deputy Vice-Chair elected under Rule 12.2 (b) shall include at least one member of the Council from the UK and one from the Netherlands.

4.1 Not less than seven months before the Declaration Date of the election each eligible member shall be sent a nomination paper.

To be a candidate, a member must:-

(a) be, and be eligible to be, a Full member at the time of closure of nominations;

(b) complete and return by a specified date a questionnaire of such form as may be determined by the Council establishing eligibility to Full Membership;

(c) sign a written undertaking to abide by the election procedures and arrangements;

(d) not be a declared Bankrupt or if a discharged Bankrupt within 5 years of the closure of nominations, and demonstrate, in accordance with any guidance issued from time to time by the Council, a clear credit rating;

(e) complete sign and return the nomination paper declaring that he or she is in conformity with the Rules at the date of signing, and

(f) secure written signed indications of support either by completing the same nomination paper, or in writing in the prescribed form, from at least four supporters.

(g) Each supporter shall, at the time of closure of nominations, be, and be eligible to be, a Full member in financial benefit in the same National Branch as the nominee (whether or not in the same electoral category) and complete and return by a specified date a questionnaire of such form as may be determined by the Council establishing eligibility to Full Membership.

(h) A candidate shall provide for inclusion with the ballot paper an election address subject to a maximum length as determined by the Council by no later than a date determined by the Council.  The maximum length of the election address and the date by which it should be provided shall be notified to the members in the announcement of the election.

4.2 No member may support more candidates than there are vacancies in any electoral category in their National Branch.  A member may provide a written signed indication of support for a nominee prior or subsequent to the nomination paper being returned. All nomination papers and written indications of support shall, in order to be valid, be returned to the General Secretary by not later than five months before the Declaration Date. The nomination paper and the written signed indications of support may also be submitted by fax or by a scanned copy, showing the signature/s, sent by email.

4.3 The General Secretary may secure that an election website and discussion forum is provided, accessible to candidates and other Full members, which shall be pre-moderated by those charged with overseeing the governance of the elections who may seek legal advice if considered appropriate. Letters from candidates or other Full members to the Telegraph shall be similarly pre-moderated.

4.4 Not less than three months before the Declaration Date the General Secretary shall secure that each eligible member of the Union is sent by the Scrutineer (or such other person or body on the Scrutineer’s behalf or on the Scrutineer’s instruction):

(a) a ballot paper on which shall be printed a list of all the validly nominated candidates;

(b) the election address provided by the candidate which may only be subject to pre-moderation with the consent of the candidate. Corrections of fact may be made by the Union and published on the website, in the Telegraph or elsewhere;

(c) an official return envelope addressed to the Scrutineer;

(d) any lawful instructions as the Council deem necessary.

4.5 The ballot paper, in order to be valid, will be required to be returned to the Scrutineer of the Union not later than 1700 hours two working days before the Declaration Date.  An eligible member shall not be entitled to vote for more candidates than there are vacancies and any ballot paper on which are recorded more votes than there are vacancies shall be rejected by the Scrutineer.

4.6 The Scrutineer shall supervise the opening of the ballot envelopes. The result, as declared by the Scrutineer, shall be conveyed in writing to all candidates and published in the Telegraph or any other official journal of the Union. The members who receive the highest number of votes for the membership of the Council shall be declared to be members of the Council and take up office from the Declaration Date until the Declaration Date in the next following election (being conducted in the calendar year in which the election for vacancies after the term of office to which they have been elected expires). In the event of two or more members having an equal number of votes, the candidate elected shall be decided by a draw made under arrangements approved by the Scrutineer.

4.7         

(i) Should a vacancy arise on the Council for whatever reason such a vacancy shall, other than in the circumstances set out in Regulations 4.7 (ii) or 4.7(iii), remain unfilled for the remainder of the five-year term of office of the person vacating office. The Council may, for the period of the vacancy, co-opt in a non-voting capacity to any of its non-executive committees in place thereof, any Full member from that category for the purpose of providing the Council with factual information or with technical advice with respect to matters taken into account by the Council in carrying out its functions. To identify suitable candidates, the Council may seek advice from the relevant National Committee.

(ii) If the vacancy arises eight months or more before the next regular Declaration Date  (not being for the election at which the vacancy would normally be included on the ballot paper) the vacancy shall remain unfilled until that Declaration Date when the vacancy shall be filled by, when the vacancy is not in a category for which nominations would normally be requested for that election, the member receiving the  number of votes for the vacant position, and when the vacancy is in a category for which nominations are normally requested, the member receiving the next highest number of votes after those declared elected for a five year period in accordance with  Regulation 4.6. In each case the member shall take up office from such Declaration Date until the Declaration Date in the second year thereafter.

This sub paragraph applies where the vacancies on the Council are 25% or more of the seats allocated to UK or NL members.

Where this is the position after the Council elections in 2019 but before the Council elections in 2021, the vacancies shall be filled for the period up to the Declaration Date of the 2023 elections to the Council in accordance with regulations governing the conduct of the Council by elections, provided that if this is the position between four and eight month before the Declaration Date of the Council election in 2021, the by election shall be limited to those whose category is not one the subject of the elections to the Council in 2021.

Where this is the position after the Council elections in 2021 and more than one year before the Council election in 2023, the vacancies shall be filled for the period up to the Declaration Date of the Council election in 2023 in accordance with regulations governing the conduct of Council by elections.

5.1 Further Further National Committees shall only be established in the event of another Union from a country other than the UK, the Netherlands or Switzerland becoming part of Nautilus International.

5.2 Each National Committee shall have the delegated authority from the Council to deal with policy issues relevant to their specific country in the following areas:

1. National social security arrangements including pensions.
2. Domestic collective bargaining agreements.
3. Relations with national trade union centres and other national trade unions.
4. Contacts with local and central government and their agencies.

5.3 The Standing Orders (including the quorum) for the Netherlands National Committee shall be as follows:

A. Membership of the Committee shall consist of:
(a) ex officio the General Secretary and Council members elected to represent members in the Netherlands;
(b) five full members of the Advisory Committee and three members of the Executive Board representing members in the Netherlands elected by members of the NL Branch; and
(c) up to three senior staff appointed by the Executive Board.
If not a member of the Committee under this Regulation the Chair and/or Vice Chair and/or Deputy Vice Chair of the Council shall in any event be entitled to attend meetings of the Committee.

B. Meetings of the Committee shall be held as required and may be called either
(a) by the General Secretary when he or she considers it expedient to do so, or
(b) on a notice in writing to the General Secretary signed by not less than six members of the Committee stating the business to be considered, whereafter the General Secretary shall call a meeting as soon as reasonably practicable

C. The General Secretary shall convene all Committee Meetings by notice in writing to the members of the Committee, except for business deemed urgent by the General Secretary, of not less than five working days notice thereof shall be given to the members of the Committee.

D. The business shall be decided by a majority of the Committee present and voting. The Chair of any Committee meeting shall upon equality of votes have a second and casting vote.

E. The Committee shall not have power to determine on any business unless there be present:
(a) a quorum of one-quarter of the elected members plus
(b) either the Chair, Vice-Chair or Deputy Vice-Chair of the Committee, plus
(c) the General Secretary or in his/her absence the Deputy General Secretary

F. Voting shall be by a show of hands by those present and by asking those attending by phone or other media orally to indicate their vote but the Chair of any Committee meeting may decide that a vote be taken by ballot and by asking those attending by phone or other media orally and shall do so if a majority of the members at the meeting so request.

G. No minor or inadvertent breach of any of these Standing Orders shall invalidate any decision of the Committee.

H. A member of the Committee may attend a meeting of the Committee in person, by telephone or through other media.

I. Where in these Standing Orders reference is made to the General Secretary, that includes in a non-voting, non-advisory capacity his or her appointee or in the event that the General Secretary has not made such an appointment but the General Secretary is not in attendance, the Deputy General Secretary, if any.

J. For the avoidance of doubt, wherever notice is required to be given under these Standing Orders, it may be given by email.

5.4 The Standing Orders (including the quorum) for the UK National Committee shall be as follows:

A. Membership of the Committee shall consist of:

(a) ex officio the General Secretary and Council members elected to represent
members in the UK; and
(b) up to five senior staff appointed by the General Secretary.

If not a member of the Committee under this Regulation the Chair and/or Vice Chair and/or Deputy Vice Chair of the Council shall in any event be entitled to attend meetings of the Committee.

B. Meetings of the Committee shall be held as required and may be called either
(a) by the General Secretary when he or she considers it expedient to do so, or
(b) on a notice in writing to the General Secretary signed by not less than eight members of the Committee stating the business to be considered, whereafter the General Secretary shall call a meeting as soon as reasonably practicable.

C. The General Secretary shall convene all Committee Meetings by notice in writing to the members of the Committee, except for business deemed urgent by the General Secretary, of not less than five working days notice thereof shall be given to the members of the Committee.

D. The General Secretary shall convene all Committee Meetings by notice in writing to the members of the Committee, except for business deemed urgent by the General Secretary, of not less than five working days notice thereof shall be given to the members of the Committee.

E. The Committee shall not have power to determine on any business unless there be present:
a. a quorum of one-quarter of the elected members plus
b. either the Chair, Vice-Chair or Deputy Vice-Chair of the Committee, plus
c. the General Secretary, or in his/her absence the Deputy General Secretary.

F. Voting shall be by a show of hands by those present and by asking those attending by phone or other media orally to indicate their vote but the Chair of any Committee meeting may decide that a vote be taken by ballot and by asking those attending by phone or other media orally and shall do so if a majority of the members at the meeting so request.

G. No minor or inadvertent breach of any of these standing orders shall invalidate any decision of the Committee.

H. A member of the Committee may attend a meeting of the Committee in person, by telephone or through other media

I. Where in these Standing Orders reference is made to the General Secretary, that includes in a non-voting, non-advisory capacity his or her appointee or in the event that the General Secretary has not made such an appointment but the General Secretary is not in attendance, the Deputy General Secretary, if any.

J. For the avoidance of doubt, wherever notice is required to be given under these Standing Orders, it may be given by email.

5.5 The Standing Orders (including the quorum) of the Switzerland National Committee shall be as follows:

A. Membership of the Committee shall consist of:
(a) ex officio the General Secretary and Council members elected to represent
members in Switzerland;
(b) the Assistant General Secretary and National Secretary who are members of the Executive Board; and
(c) up to 5 full members elected by members of the Switzerland National Branch.

If not a member of the Committee under this Regulation the Chair and/or Vice Chair and/or Deputy Vice Chair of the Council shall in any event be entitled to attend meetings of the Committee.

B. Meetings of the Committee shall be held as required and may be called either
(a) by the General Secretary when he or she considers it expedient to do so, or
(b) on a notice in writing to the General Secretary signed by not less than two members of the Committee stating the business to be considered, whereafter the General Secretary shall call a meeting as soon as reasonably practicable.

C. The General Secretary shall convene all Committee Meetings by notice in writing to the members of the Committee, except for business deemed urgent by the General Secretary, of not less than five working days notice thereof shall be given to the members of the Committee.

D. The business shall be decided by a majority of the Committee present and voting. The Chair of any Committee meeting shall upon equality of votes have a second and casting vote.

E. The Committee shall not have power to determine on any business unless there be present:
a. a quorum of one-quarter of the elected members plus
b. either the Chair, Vice-Chair or Deputy Vice-Chair of the Committee, plus
c. the General Secretary, or in his/her absence, the Deputy General Secretary.

F. Voting shall be by a show of hands by those present and by asking those attending by phone or other media orally to indicate their vote but the Chair of any Committee meeting may decide that a vote be taken by ballot and by asking those attending by phone or other media orally and shall do so if a majority of the members at the meeting so request.

G. No minor or inadvertent breach of any of these standing orders shall invalidate any decision of the Committee.

H. A member of the Committee may attend a meeting of the Committee in person, by telephone or through other media.

I. Where in these Standing Orders reference is made to the General Secretary, that includes in a non-voting, non-advisory capacity his or her appointee or in the event that the General Secretary has not made such an appointment but the General Secretary is not in attendance, the Deputy General Secretary, if any.

J. For the avoidance of doubt, wherever notice is required to be given under these Standing Orders, it may be given by email.

6.1 Preliminary notice of a General Meeting shall be given to Full members at least six months prior to the General Meeting in accordance with the requirements of Rule 28.

6.2 Full members wishing to move resolutions at a General Meeting shall give due notice of motion in writing (which may also be submitted by fax or by a scanned copy, showing the signature/s, sent by email) to the General Secretary not less than three months before the General Meeting and any such notice of motion of a resolution must bear the signatures of four Full members. Such supporting signatures can also be on an identical copy of the proposed motion.

6.3 The Council may also submit resolutions to the General Meeting.

6.4 Not less than two months before a General Meeting a notice of the meeting together with a printed Agenda of the business of the meeting shall be given to Full members in accordance with the requirements of Rule 28.

6.5 At the General Meeting the report of the Council, including a statement of the financial position of the Union shall be presented for adoption.

6.6 Any resolution properly submitted under Regulation 6.2 may be moved and seconded by any of the signatories. If none of the signatories are present any signatory may, by notice in writing to the General Secretary before the date of the General Meeting, nominate another Full member or Full members to move and second the resolution on their behalf. If no signatory or nominated person is present at the General Meeting then the Chair of the Meeting may decide whether any such resolution be put before the meeting.

A. Election of General Secretary

7.1 In the event that the five year period of office referred to in Rule 22.1 will expire on or about the Declaration Date for Council elections then nominations will be sought, ballot papers issued and elections held, at the same time as Council Elections, as follows.

7.2 Not less than seven months before the Declaration Date, determined by the Council for the election, each eligible member shall be sent a nomination paper and notified of the independent scrutineer appointed by the Council for the election. To be a candidate a member must:

(a) (a) be, and be eligible to be, a Full Member at the time of closure of nominations,
(b) (b) complete and return by a specified date a questionnaire of such form as may be determined by the Council establishing eligibility to Full Membership;
(c) sign a written undertaking to abide by the election procedures and arrangements;
(d) not be a declared Bankrupt or if a discharged Bankrupt within 5 years of the closure of nominations, demonstrate, in accordance with any guidance issued from time to time by the Council, a clear credit rating
(e) complete sign and return the nomination paper declaring that he or she is in conformity with the Rules at the date of signing, and
(f) secure written signed indications of support either by completing the same nomination paper or in writing in the prescribed form from at least fifty supporters of whom a minimum of 25% (rounded up) must be from National Branches other than that of the candidate. The nomination paper and the written signed indications of support may also be submitted by fax or by a scanned copy, showing the signature/s, sent by email.

7.3 Each supporter shall, at the time of closure of nominations, be, and be eligible to be, a Full member in financial benefit and complete and return by a specified date a questionnaire in such form as may be determined by the Council establishing eligibility to Full Membership.

7.4 The Chair of the Council may secure that an election website and discussion forum is provided, accessible to candidates and other Full members, which shall be pre-moderated by those charged with overseeing the governance of the elections who may seek legal advice if considered appropriate. Letters from candidates or other Full members to the Telegraph shall be similarly pre-moderated.

7.5 A candidate shall provide for inclusion with the ballot paper an election address subject to a maximum length as determined by the Council by no later than a date determined by the Council. The maximum length of the election address and the date by which it should be provided shall be notified to the members in the announcement of the election.

7.6 No member may support more than one candidate. A member may provide a written signed indication of support for a nominee prior or subsequent to the nomination paper being returned. All nomination papers and written indications of support shall, in order to be valid, be returned to the General Secretary or other person appointed by the Council for this purpose, by not later than five months before the Declaration Date.

7.7 The Council shall, at a meeting held not more than 2 weeks prior to the close of nominations under Regulation 7.3, nominate a Full member for the position of General Secretary and any such nomination shall not require the support of the minimum number of Full members as provided for under Regulation 7.2(f).

7.8 Not less Not less than three months before the Declaration Date the General Secretary shall secure that each eligible member of the Union is sent, by the Scrutineer (or such other person or body on the Scrutineer’s behalf or on the Scrutineer’s instructions):
(a) a ballot paper on which shall be printed a list of all the candidates;
(b) information provided by the candidate in such form as the Council shall decide, subject to pre-moderation with consent. Corrections of fact may be made by the Union and published on the website, in the Telegraph or elsewhere;
(c) an official return envelope addressed to the Scrutineer
(d) any instructions as the Council deem necessary

7.9 The ballot paper, in order to be valid, will be required to be returned to the Scrutineer not later than 17:00 hours two working days before the Declaration Date. An eligible member shall not be entitled to vote for more than one candidate and any ballot paper on which are recorded more than one vote shall be rejected by the Scrutineer.

7.10 The Scrutineer shall supervise the opening of the ballot envelopes. The result, as declared by the Scrutineer, shall be conveyed in writing to all candidates and published in the Telegraph or any other official journal of the Union. The member who receives the highest number of votes shall be declared to be the General Secretary and shall assume the office and duties of General Secretary from such date as the Council shall determine after the Declaration Date to allow, where appropriate, for a handover period (or as soon thereafter as practicable). In the event that two or more candidates each have the highest number of votes, the candidate elected shall be decided from amongst such candidates by the Council.

7.11 The term of office shall be for a period commencing on the Declaration Date and ending on the first Declaration Date for a General Secretary Election occurring after the Declaration Date referred to in Regulation 7.2.

7.12 Should a vacancy arise under Rule 22.4 or arise or be due to arise for any other reason then an election shall be called by Council as soon as reasonably practicable and in accordance with Regulations 7.2 to 7.8 inclusive except that notice of nomination shall be four months prior to the Declaration Date, return of nomination papers two months and two weeks prior to the Declaration Date and the dispatch of ballot papers two months prior to the Declaration Date.

7.13 The period of office of a member elected in accordance with Regulation 7.9 shall be from the date the vacancy occurs or the Declaration Date, whichever is the later, and ending five years thereafter or the Declaration Date of an election for General Secretary in accordance with this Regulation 7.

B. Removal from Office of the General Secretary under Rule 22.7 or 22.9

7.14 Disciplinary Procedure The disciplinary procedure provides for warnings to be given for failure by the General Secretary to meet the standards of job performance, conduct (whether during working hours or not) and attendance, or for breach of the Rules or of any of the terms and conditions of employment.

7.15 Informal Warning

1. In the first instance, the Chair of the Council will cause an investigation to be undertaken into the facts surrounding the complaint or concern.

2. If the Chair of the Council considers that it is not necessary to resort to the formal warning procedure, the Chair will discuss the matter with the General Secretary suggesting areas for improvement or, in the case of a minor disciplinary matter, issue an informal warning. Any informal warning shall be confirmed in writing by the Chair.

7.16 Formal Procedure

1. If the Chair of the Council considers that it is necessary to invoke the formal disciplinary procedure, the Chair will inform the General Secretary. The following procedure will then apply and, depending on the seriousness of the offence, may be invoked at any level including summary dismissal.

2. In the case of minor offences, the General Secretary will be given a formal oral warning. The General Secretary will be advised that the warning constitutes the first formal stage of the disciplinary procedure and that a note will be placed on the General Secretary’s personnel file for a period of 12 months. The nature of the offence and likely consequences of further offences or a failure to improve will be explained to the General Secretary.

3. In the case of repeated failure to meet the required standards of conduct or performance or a more serious breach of standards, the General Secretary will be given a written warning which shall be retained on file for a period of 18 months. The warning will set out the precise nature of the offence, the likely consequences of further offences and, if appropriate, what improvement is required and over what period.

4. In the case of the further repetition of earlier offences, if the General Secretary still fails to improve or if the offence, whilst falling short of gross misconduct, is serious enough to warrant only one written warning, the General Secretary will be given a final written warning which shall be retained on file for a period of 30 months. The final written warning shall set out the precise nature of the offence, containing a statement that any recurrence will lead to dismissal or whatever other penalty is considered appropriate and specify, if appropriate, the improvement required and over what period.

5. In the case of gross misconduct, or of a serious breach of the Rules, or if all previous stages of the warning procedure have been exhausted, the General Secretary will normally be dismissed.

6. In the event of an allegation of a serious breach of the Rules or of an act or acts of Gross Misconduct, the General Secretary may need to be suspended from work on full pay, normally for no more than five working days while the alleged offence is investigated and any disciplinary action taken. Any such suspension will be by the Chair of the Council, in consultation with at least one of the Directors of the Trustee Company (Nautilus Trustees Ltd). If, on completion of the investigation and the full disciplinary procedure, the Union is satisfied that gross misconduct has occurred, consideration will be given to summary dismissal without notice or pay in lieu of notice.

7.17 General

1. In all cases, other than when dismissal is a possible sanction, the Chair of the Council will determine the appropriate sanction and the General Secretary will have a right of appeal to the Council.

2. In the event of an appeal under Regulation 7.16.1 above, the Council at its next quorate meeting (or at a special meeting convened for the purpose) shall consider the appeal and have the power to uphold or reject an earlier decision or to offer a compromise solution. The decision of the Council, which shall be considered binding on all parties, shall be notified to the General Secretary in writing within 14 working days of the meeting of the Council called to discuss the appeal.

3. In any case where dismissal is a possible sanction, there shall be a disciplinary hearing before a body designated by the Council consisting of three persons appointed by the Council. Two of the persons shall be from the membership of the Council including, if possible the Vice Chair or Deputy Vice Chair of the Council and one shall be a Director of Nautilus Trustees Ltd. The designated body shall be chaired, in a non-voting capacity, by a person nominated by the TUC or in the absence of such a nomination by a person nominated by ACAS. That designated body shall have the power to make a determination on the facts presented to it and to make a recommendation to the Council that the employment of the General Secretary be terminated. That recommendation shall be considered by the Council who shall decide whether or not to dismiss the General Secretary or impose another sanction. Any decision to dismiss or remove from the Office of General Secretary shall only take effect if so determined by at least 75% present and voting of the whole Council as laid out in Rule 22.9. In the event of dismissal the contract of employment of the General Secretary with the Union will be terminated and s/he shall vacate the office of General Secretary.

4. Before an appeal under Paragraph 7.16.1, or a hearing of the Council or the Council designated body under Paragraph 17.16.3, or a hearing under the Formal Procedure in Paragraph 17.15 the General Secretary shall be entitled to be accompanied by his or her trade union or professional Union representative or by a colleague of his or her choice (none of whom may be a lawyer). The General Secretary shall have the right to submit his or her case in writing, in advance of any such hearing or meeting and shall also be given the reasonable opportunity of addressing any such hearing or meeting.

8.1 If either:
(a) the General Secretary considers that there is evidence to suggest that any member may have: -

(i) acted in breach of the Rules or prejudicially to the interests and objects of the Union or
(ii) behaved in such a manner as to render his or her further membership detrimental to the interests of the Union or its members or
(iii) participated in the activities of a political party determined by the Council, to the extent permitted by law, under regulation to have objects contrary to the objects of the Union, (together called "the offences"); or

(b) the General Secretary receives a petition signed by 10 or more Full members which suggests that a member may have committed one or more of the offences listed at (a)(i) to (iii) above the General Secretary may cause to be made such investigation as he or she shall deem necessary for the purposes of determining whether there may be grounds for finding that any of the offences have been committed by the member.

8.2 Should the General Secretary, after any such investigation, consider that there may be grounds for finding that any of the offences at Regulation 8.1 (a) (i) to (iii) may have been committed, he or she shall write to the member concerned calling upon such member to respond to the evidence within one month.

8.3 Should the member, in the opinion of the General Secretary provide a satisfactory response or explanation, then no further action shall be taken.

8.4 Should such member fail to explain his/her conduct to the satisfaction of the General Secretary or at all, the General Secretary may, in accordance with Regulations 8.5 and 8.6 cause the Council or Executive Committee (as the case may be) to consider whether an offence or offences have in their opinion been committed and if so the sanction to apply in accordance with Regulation 8.8.

8.5 The General Secretary shall give the member concerned at least one month’s prior written notice of the meeting of the Council or of the Executive Committee (as the case may be), at which it will be considering whether an offence (or offences) has (or have) in its opinion been committed, and if so, the appropriate sanction (the relevant part of such meeting called hereafter "the disciplinary meeting").

8.6 At least seven days prior notice shall be given to each member of the Council or of the Executive Committee that the business of the day will include the question of the disciplining of a member but the name of such member shall not be included in the notice to any member of the Council or the Executive Committee.

8.7 The Council or Executive Committee shall regulate its own procedure at the disciplinary meeting and the member may attend the disciplinary meeting and may be accompanied by a Full Member of the Union acting in an advisory capacity.

8.8 The General Secretary shall notify the member in writing of the decision of the Council or the Executive Committee, which may determine not to take any action, may reprimand the member, or bar the member from holding office for a specified period not exceeding five years, or expel the member from membership.

8.9 In the event that the Council or the Executive Committee (as the case may be) expel the member it may also determine that the member shall not be admitted back into membership for a minimum period or not at all.

8.10 Any member on being advised of their reprimand, expulsion, or being barred from holding office, by the General Secretary under Regulation 8.8, shall be notified that they have the right of appeal against such reprimand, expulsion or barring by giving notice in writing to the General Secretary, to reach the General Secretary within one month of the date of the notification given under Regulation 8.8, who shall place any such appeal before the Appeals Committee.

8.11 The Appeals Committee shall be composed of three of the Directors of the corporate body established under Rule 9. Such Directors shall determine how any such appeal shall be dealt with by the Appeals Committee which may allow the appeal and quash the finding that an offence or offences were committed, may substitute their own sanction in place of that imposed under Regulation 8.8, or may dismiss the appeal and uphold the decision under Regulation 8.8. An appellant member shall be given the reasonable opportunity to appear before the Appeals Committee and may be accompanied by a Full member of the Union acting in an advisory capacity.

8.12 A written statement of the findings resulting from the hearing of the Appeals Committee shall be sent to the General Secretary and to the appellant member at the address or addresses appearing in the records of the Union. The General Secretary shall forthwith implement the findings of the Appeals Committee and submit the written statement of the findings to the next meeting of the Council for noting.

8.13 For the purposes of Rule 4 and this Regulation, a political party having objects contrary to the objects of the Union, will include a political party or organisation, whose constitution, aims or objectives are expressly or impliedly contrary to the equality objects of the Union set out in Rules 2 e. and f.

9.1 A member wishing to make a complaint under Rule 26 shall do so in writing to the General Secretary stating the Rule or Rules alleged to have been breached and providing relevant evidence.

9.2 The General Secretary shall investigate the complaint and respond to the member in writing within a reasonable time determined by the complexity of the case.

9.3 Should the member be dissatisfied with the reply the member may request the General Secretary in writing, provided such request is received by the General Secretary within two months of the date that the General Secretary responded to the complaint under Regulation 9.2, to put the matter before the Council or before any body designated by the Council for the purpose.

9.4 The member making the complaint may appear before the body hearing the complaint but if the member does not do so the matter may be decided in the light of the member's written submission.

9.5 A written statement of the findings resulting from the hearing (which shall be final) shall be sent to the member at the address appearing in the records of the Union.

10.1 Notice of a Rules General Meeting called under Rule 27.2 shall be given to full members at least six months prior to the Rules General Meeting and in accordance with Rule 28. Notice of any proposed Rule change(s) by the Council shall be given to full members at least four months prior to the Rules General Meeting and in accordance with Rule 28.

10.2 Notice of a Rules General Meeting called under Rule 27.3 (i) shall be given to Full members at least four months prior to the Rules General Meeting and in accordance with the requirements of Rule 28.

Such notice shall specify the changes in the Rules which the Council proposes to submit to the meeting under Rule 27.3.

10.3 Notice of a Rules General Meeting called under Rule 27.3 (ii) shall be given to Full members within six months of the receipt of a notice from members as specified in Rule 27.3 (ii) and at least four months prior to the Rules General Meeting and in accordance with the requirements of Rule 28.

Such notice shall specify the changes in the Rules proposed by members under Rule 27.3 (ii).

10.4 When notice is given under Regulations 10.2 and 10.3. Full members may submit proposals for changes in the rules in addition to those proposed. Such proposals must be:

(a) submitted in writing;
(b) signed by at least four Full members whose contributions have been paid up;
(c) despatched to reach the General Secretary not later than two months and two weeks before the date fixed for the meeting.

All proposals from Full members shall be given to Full members at least two months prior to the Rules General Meeting in accordance with the requirements of Rule 28.

10.5 Only Full members whose contributions have been paid up shall be entitled to be present at a Rules General Meeting on the same conditions which apply to a General Meeting.

11.1 Formal notice of a Branch Conference in the UK shall be given to Full members who are members of that Branch at least three months prior to the Branch Conference in accordance with the requirements of Rule 28.

11.2 The Branch Conference shall normally be held biennially but not in the year of a General Meeting called under Rule 19.2.

11.3 The Branch Conference shall consist of a maximum of 100 Full members or such smaller number as the National Committee shall from time to time decide. The composition of the Branch Conference shall be determined from time to time by the National Committee in such a manner as to provide appropriate representation for each category of Full members. The Committee shall, prior to each Branch Conference, determine the numbers in each category including by reference to the composition of the membership.

11.4 Full members wishing to move resolutions at a Branch Conference shall give due notice of motion in writing (which may also be submitted by fax or by a scanned copy, showing the signature/s, sent by email) to the General Secretary not less than one month before the Branch Conference and any such notice of motion of a resolution must bear the signatures of four Full members. Such supporting signatures can also be on an identical copy of the proposed motion.

11.5 The National Committee may also submit resolutions to the Branch Conference.

11.6 Not less than one month before a Branch Conference a notice of the meeting together with a printed Agenda of the business of the meeting shall be given to Full members in accordance with the requirements of Rule 28.

11.7 The Standing Orders for the Branch Conference are as follows:

i. The meeting shall be presided over by the elected Chair of the National Committee. In his or her absence the role shall fall to the Vice-Chair and likewise the Deputy Vice-Chair.

ii. The meeting shall consider and, if approved, adopt the Branch Report and any motions submitted by members within the prescribed time limits or by the National Committee under the conditions set out in Standing Orders iv and v below.

iii. No unauthorised literature may be distributed within the meeting venue by or on behalf of members attending the Branch Conference. Any person found to be in contravention of this Standing Order will be removed from the Branch Conference.

iv. With a view to ensuring that important questions are not omitted from the discussion at the Conference, the National Committee is empowered to submit motions, which shall be available to the members attending not later than the opening sitting. Notwithstanding this provision, emergency motions may be submitted by the National Committee for the consideration of the Conference.

v. The Branch Report shall be introduced to the meeting by the General Secretary or his/her nominee, and shall be open to discussion. During the discussion full members may speak to any matter mentioned in or connected with the Report. The Report will then be voted upon for adoption.

vi. Motions submitted by full members or the National Committee shall be moved and seconded. A vote shall then be taken on each motion. Motions adopted will be referred, by the General Secretary to the National Committee or Council for consideration and relevant implementation.

vii. The Chair may, with the assent of the majority of those attending, impose a time limit for speeches.

viii. Every full member attending at the Conference shall have one vote. When the voting on any question is equal the Chair shall have a second or casting vote.

ix. Decisions on all matters shall be taken by a simple majority of the votes cast.

x. Voting shall be by a show of hands by those present and by asking those attending by phone or other media orally to indicate their vote but the Chair may decide that a vote be taken by ballot and by asking those attending by phone or other media to vote by appropriate means and shall do so if a majority of the members at the meeting so request.

xi. The meeting will appoint two Tellers for the purpose of counting votes cast, if required by the Chair.

1 Scope and Purpose of the Code

1.1 This Code of Conduct applies to, and is intended to assist, you if you are:

a. a Member,
b.an elected member of the Council or National Committee,
c. an elected or appointed Lay Representative (as defined by the Council),
d. any member of staff including Welfare Fund staff,
e. a Trustee
f. a consultant or
g. any other person

when discharging obligations to Nautilus International (“Nautilus”) in all National Branches and to other persons to whom this code applies.

1.2 This Code is intended to:

1.2.1 Provide guidance on the standards of conduct expected when you are discharging your Nautilus duties, and in so doing

1.2.2 Provide for the openness and accountability necessary to reinforce confidence of others in the way in which you perform those duties.

2 Limitations of the Code

2.1 Whereas the Code applies in all aspects of your Union involvement, it does not seek to regulate what you do in your private and personal life.

3 Your Duties when carrying out your Nautilus activities

3.1 You have a duty to uphold the law, including the general law against discrimination, and to act on all occasions in accordance with the trust placed in you.

3.2 You have a general duty to act in the interests of the membership as a whole, employees and others.

4 General Principles of Conduct

4.1 In carrying out your Nautilus related activities you will be expected to observe the following general principles. These principles will be taken into consideration when any complaint is received of breaches of the provisions in other sections of the Code.

Selflessness

You should take decisions solely in terms of the members’ interest. You should not do so in order to gain financial or other material benefits for yourself, your family, or friends.

Integrity

You should not place yourself under any financial or other obligation to outside individuals or organisations that might influence you in the performance of your Nautilus related activities.

Objectivity

In carrying out Nautilus business, including making appointments, awarding contracts, or recommending individuals for rewards and benefits, you must make choices on merit.

Accountability

Where you are a member, you are accountable for your decisions and actions to the membership and must submit yourself to whatever scrutiny is appropriate to your position.

Openness

You should be as open as possible about all the decisions and actions that you take. You should give reasons for your decisions and restrict information only when the wider members’ interest clearly demands.

Honesty

You have a duty to declare any private interests relating to your Nautilus duties and to take steps to resolve any conflicts arising in a way that protects the members’ interest.

Leadership

You should promote and support these principles by leadership and example.

5. Rules of Conduct

5.1 You are expected in particular to observe the following:

5.2 You shall base your conduct on a consideration of the members’ interest, avoid conflict between personal interest and the members’ interest and resolve any conflict between the two, at once, and in favour of the members’ interest.

5.3 If a member, you shall not act as a paid advocate for an outside agency in any of the proceedings or business within Nautilus.

5.4 The acceptance by you of a bribe to influence your conduct, including any fee, compensation, gift or reward in connection with the promotion of, or opposition to, any Motion, contract or other matter submitted, or intended to be submitted to Nautilus, or to the Council or any Committee of Nautilus will be subject to the deliberation of the Council under Rule 25 if you are a member and disciplinary action may result, or if a non-member breach of contract proceedings.

5.5 In any activities with, or on behalf of, an organisation with which you have a financial relationship (including activities which may not be a matter of public record such as informal meetings and functions) you must always bear in mind the need to be open and frank with the Council, the General Secretary and others the subject of this Code, where this has any impact or may have a perceived impact on your Nautilus activities.

5.6 You must bear in mind that information which you receive in confidence in the course of your Nautilus activities should be used only in connection with those activities, and that such information must never be used, either directly or indirectly, for the purpose of financial gain.

5.7 You shall at all times ensure that your use of expenses, allowances, facilities and services provided by Nautilus is strictly in accordance with the Rules, Regulations and Policy laid down on these matters, and that you must observe any limits placed by Nautilus on the use of such expenses, allowances, facilities and services.

5.8 You shall at all times conduct yourself in a manner which will tend to maintain and strengthen the members’ trust and confidence in the integrity of Nautilus and never undertake any action which would bring the Nautilus, or others subject to this Code into disrepute.

6 Registration and Declaration of Interests

6.1 You shall fulfil conscientiously the requirements of Nautilus in respect of the registration of interests and shall always draw attention to any relevant interest in any proceeding of a Nautilus meeting, or in any internal or external communications. On-going conflicts should in any event be notified in writing to the General Secretary.

7 Duties when the Council or General Secretary is investigating conduct including when acting in accordance with Rule 25 and Regulation 8.

7.1 You shall cooperate, at all stages, with any investigation into your conduct including, if a member, by or under Rule 25 and Regulation 8.

7.2 You shall not lobby a member of the Council in a manner calculated or intended to influence their consideration of a complaint of a breach of this Code.

8 Duties in respect of the Council and National Committees
This paragraph 8 applies to you only if you are a member of the Council or a National Committee

8.1 The success of the Council and National Committees in delivering for the membership rests on trust between individual members of the Council and Committee, the encouragement of differences combined with a high degree of team working. At all times members of the Council and Committee will maintain high professional and ethical standards towards each other in accordance with this Code and the Mutual Respect Policy in Paragraph 10.

8.2 Much information received by the Council or Committees is of a sensitive or confidential nature and must be treated in confidence unless otherwise agreed.

8.3 The Council or Committees should welcome debate and discussion and the expression of all points of view, whether they are a majority or a minority view. But once a decision has been made, collective cabinet responsibility will apply with decisions accepted and supported by all. Minority views may be explained, but not advocated.

8.4 Collective responsibility shall not apply to any report from a sub-committee appointed by the Council or a Committee to the parent committee other than the Establishments Committee when reporting to the Council.

8.5 Attendance at meetings of the Council or Committees and on the business of Nautilus members is important and needs to be treated with the honour it deserves. Members of the Council and Committees are expected to attend all meetings and, where this is not possible, absences should be explained to the relevant Chair or the General Secretary in advance. Absences should be rare as possible recognising however the nature of the maritime and shipping industries in which members work.

8.6 In recognition of the importance of these principles any member who fails to live up to these standards would be expected to resign their post.

9 Leaving Office

9.1 If a paid member of staff, you will normally be expected to leave a 'decency' gap between serving and taking any remunerated office, or setting up business on your own or with others, in a maritime or fluvial related industry.

10 Nautilus Policy on Mutual Respect

You will be expected to comply with the following Policy on Mutual Respect, and observe the guidelines thereunder

Nautilus International is opposed to any discrimination based particularly on the grounds of the protected characteristics of age, race, gender reassignment, marriage, civil partnership, civil marriage, pregnancy and maternity, sex, disability, sexual orientation and religion or belief and has adopted a statement on equal opportunities to give effect to this commitment.

Among trade unionists there is a very high degree of appreciation of the need to respect the dignity of every individual. So there should always be vigilance to ensure that all participants in Nautilus meetings and events and those receiving services from the Nautilus Welfare Fund feel they are able to work and live in an atmosphere in which they feel comfortable and safe.

Nautilus is committed to creating and maintaining a working environment based on dignity and mutual respect. Nautilus neither condones nor tolerates behaviour that undermines the dignity or self-esteem of any individual or creates an intimidating, hostile, abusive or offensive environment. This commitment applies to all delegates and participants, women and men, in Nautilus meetings, activities and social gatherings and Welfare Fund activities wherever they may take place.

As an employer, Nautilus has a legal as well as moral responsibility to protect its employees from any form of harassment, abuse or similarly unacceptable behaviour. This applies to the working environment in all Nautilus Offices, in whichever country and to all Nautilus meetings wherever they are held. It also applies to social occasions where the attendance of Nautilus staff is linked to their employment.

In order to give effect to this policy, Nautilus has prepared the following guidelines:

Guidelines on Nautilus Policy on Mutual Respect

Nautilus International is committed to creating and maintaining a working environment based on dignity and mutual respect and Council has adopted a statement on Equal Opportunities giving effect to this commitment.

There should always be vigilance to ensure that all members of staff and participants in Nautilus meetings and those receiving services from the Nautilus Welfare Fund feel they are able to operate in an atmosphere in which they feel comfortable and safe. This should apply to meetings, socialising and all the events around Nautilus activities.

What we ask of you

To treat everybody, including other members, as well as Nautilus staff members and those receiving welfare services, with respect and dignity

To make absolutely sure your own behaviour does not cause offence or any misunderstanding

To make absolutely sure your own behaviour does not cause offence or any misunderstanding

To think before you make personal remarks

To accept responsibility for challenging all forms of unacceptable and offensive behaviour, and for upholding personal dignity

What is unacceptable behaviour?

Unacceptable behaviour includes unwelcome physical, verbal or non-verbal conduct including by the use of e-mail or social media and any behaviour that ridicules, intimidates or is physically abusive.

This may have as its focus such things as:

Race, ethnic origin, nationality or skin colour
Gender or sexual orientation
Disabilities or sensory impairments
Age, health or physical characteristics
Religious or political beliefs

This may involve such forms of unwanted behaviour as:

Unwanted physical contact
Physical or sexual assault
Sexual or compromising propositions
Racist, sexist or religious jokes
Offensive language, insults and obscene gestures
Unwelcome gifts
Intrusion by pestering or stalking

These lists are not definitive.

We are aware that among trade unionists there is a very high degree of appreciation of the need to respect the dignity of every individual. We welcome your co-operation in our practical efforts for making Nautilus as a workplace and all Nautilus meetings and activities a positive experience for everyone.

The Head Office of Nautilus International shall be located at 1&2 The Shrubberies, George Lane, South Woodford, London E18 1BD or such other place in the United Kingdom as shall be determined by the Council.