THE CONSTITUTION - Shell Branch Pengassanpengassanshellbranch.com/pdf/CONSTITUTION_2013.pdf · provision(s) of the Constitution of the Federal Republic of Nigeria, or any enactment

THE CONSTITUTION

of

Petroleum and Natural Gas Senior Staff Association of Nigeria

(PENGASSAN)

* NPE AN SGAS*

Constitution of the Petroleum and Natural GasSenior Staff Association of Nigeria (PENGASSAN)

i

* NPE AN SGAS*

THE CONSTITUTION

of

Petroleum and Natural Gas SeniorStaff Association of Nigeria

(PENGASSAN)

Petroleum and Natural Gas SeniorStaff Association of Nigeria

(PENGASSAN)

2013

Rule 1

Rule 2

Rule 3

Rule 4

Rule 5

Rule 6

Rule 7

Rule 8

Rule 9

Rule 10

Rule 11

Rule 12

Rule 13

Rule 14

Rule 15

Rule 16

Rule 17

Rule 18

Rule 19

Rule 20

01

02

03

04

05

06

07

07

08

09

11

15

16

21

22

25

28

29

29

30

Name and Registered Office

Supremacy of the Constitution

Objective

Membership

Government of the Association

National Delegate’s Conference (NDC)

Business of the National Delegates’ Conference

Special National Delegates’ Conference

National Executives Council (NEC)

Central Working Committee (CWC)

Election Guide Lines

Officers and Staff

Officers and their Duties

Trustees

Zone and Zonal Administration

Branches

Chapter and Units

Operational Group

Tenure of Office

Conferences & Meetings Guidelines


ii


Page 56

HISTORY OF CONSTITUTION REVIEW/AMENDEMENT

Formation/Establishment

First Review/Amendment

Second Review/Amendment

Third Review/Amendment

Fifth Review/ Amendment

Fourth Review/Amendment

Sixth Review/Amendment

Seventh Review/Amendment

Eighth Review /Amendment

1979

1984

1986

1988

1990

2003

2005

2008

2010

Lagos

Kaduna

Port Harcourt

Abeokuta

Ilorin

Enugu

Calabar

Kaduna

Lagos


iii

Rule 21

Rule 22

Rule 23

Rule 24

Rule 25

Rule 26

Rule 27

Rule 28

Rule 29

Rule 30

Rule 31

Rule 32

Rule 33

Rule 34

32

33

35

35

35

36

37

37

37

38

39

41

41

42

51

52

54

56

Finance and Accountability

Banker

Signatories

Budget and Expenditure

Investment

Strike and Lockout

Internal Dispute

Education

Benefit

Discipline

Eethical Practices,

Grievance & Disciplinary Committee

Dissolution

Code of Practice

Schedule 1

Schedule 2

Schedule 3

History of Constitution Amendment

Quorum


Page 55

3.8 A member/Branch who is not satisfied with the outcome of NEC intervention can appeal to National Delegates, Conference which decision shall be final.


Page 01

PREAMBLE

COMMITTEE RECOMMENDATIONS

e, the senior staff in the Petroleum, Natural Gas, Petrochemicals and Allied Industries in Nigeria having firmly and solemnly resolved to form Wand belong to the Petroleum and Natural Gas Senior Staff Association of

Nigeria (PENGASSAN) as one united and indivisible body dedicated to the promotion of labour and industrial relations activities that would improve the welfare, (that is, the rights, terms and conditions of our employment) and promote solidarity, peace, equity and justice amongst ourselves and other Nigerians do hereby set for ourselves and adopt this Constitution.

1.0 NAME AND REGISTERED OFFICE

1.1 The name of the Association shall be PETROLEUM AND NATURAL GAS SENIOR ASSOCIATION OF NIGERIA ( hereinafter referred to as the “Association”)

1.2 The acronym of the Association shall be PENGASSAN.

1.3 The registered office of the Association shall situate in Lagos at U. M. OKORO HOUSE 288, Ikorodu Road, Anthony, Lagos; or at such other place as the National Delegates' Conference/Special National Delegates' Conference or the National Executive Council acting on behalf of the National Delegates' Conference may decide.

1.4 The Association may establish and maintain Zonal offices at such

places as the National Delegates' Conference/Special National Delegates' Conference or the National Executive Council may decide.

1.5 There shall also be Branch offices situate at each of the individual Petroleum, Natural Gas, Petrochemicals, and Allied Companies.

1.6 The Registrar of Trade Unions shall be notified in the prescribed form

of any change(s) in the registered office of the Association as may be


Page 54

SCHEDULE 3: INTERNAL DISPUTE RESOLUTION

3.0 The following shall be the Dispute Resolution Mechanism of the Association:

3.1 All internal disputes shall be subordinated through the following organs: Unit – Chapter – Branch – Zone – CWC – NEC in that order.

3.2 A member who is aggrieved with the actions of a Unit/Chapter shall report such matter to the Branch Executive Committee who shall resolve such matter within two weeks.

3.3 A member who is aggrieved with the decisions or actions of a Branch Executive Committee shall report such matter to the Zonal Executive Committee. If such a member is from a Branch that is spread beyond one Zone, the matter shall be reported directly to the CWC who shall investigate and dispose of it within four weeks

3.4 A member or Branch who is aggrieved with the decisions or actions of the CWC shall report the matter to NEC through the General Secretary.

3.5 A complaint by a member or Branch to the NEC shall be in writing through the General Secretary who shall be under obligation to forward such matter to the NEC. The NEC shall be at liberty to admit the complainant to state his/her case.

3.6 In the event that the aggrieved member is not satisfied with the resolution of the Branch Executive Committee, such member can appeal to the Zonal Executive Committee. If such a member is from a Branch spread beyond one Zone, he or she can appeal directly to the CWC.

3.7 A member/Branch who is not satisfied with the outcome of CWC intervention can appeal to NEC.


Page 02

decided by the National Delegates' Conference or Special National Delegates' Conference or the National Executive Council acting on behalf of the National Delegates' or Special National Delegates' Conference.

2.0 SUPREMACY OF THE CONSTITUTION

2.1 This document shall be known as the Constitution of the Petroleum and Natural Gas Senior Staff Association of Nigeria. (PENGASSAN).

2.2 This Constitution is supreme and its provisions shall be binding on all members, authorities and persons in all the Offices of the Association.

2.3 If any provision of this Constitution is inconsistent with the provision(s) of the Constitution of the Federal Republic of Nigeria, or any enactment of the National Assembly, the provision(s) of this Constitution to the extent of such inconsistency shall be null and void.

2.4 The Association shall be governed only in accordance with the provisions of this Constitution.

2.5 No part of this Constitution shall be amended or any rule added except by simple majority votes of members at a National Delegates' or Special National Delegates' Conference.

2.6 Any proposal to amend any part of this Constitution must be forwarded to all members of NEC and all Branches of the Association at least twenty-one days to the date of the Conference that will entertain such motion(s) for amendment.

2.7 No alteration or amendment to this Constitution by whatsoever

process shall be deemed applicable until such amendment(s) or alteration(s) has been registered with the Registrar of Trade Union.

2.8 This Constitution shall apply as it is across all the organs of the Association except where express provisions are made in this Constitution on a particular subject matter.


Page 53

2.2.5 The GDC shall review all evidences and establish the guilt or otherwise of the person charged and recommend appropriate disciplinary action(s) to the relevant organ that set up the GDC.

2.2.6 The organ of the Association shall review the report of the GDC either implement the recommendation(s) or otherwise.

2.2.7 The person charged shall receive written notice of the decision

2.3 APPEAL

2.3.1 Any person found guilty has the right to appeal within 7 days of the notice of the decision

2.3.2 A person charged and found guilty in one level of the Association can appeal to the next higher level.

2.3.3 The Body receiving the appeal may confirm, vary or reverse the decision being appealed against.

2.3.4 Any member so suspended or disciplined in any other manner shall have the right to appeal to the National or Special National Delegates' Conference whose decision shall be final

2.4.0 REMOVAL OF A CWC MEMBER FROM OFFICE.

2.4.1 Only the NEC-in Session can remove a National officer from office.

2.4.2 In addition to the procedure outlined in Schedule 3.2, the NEC in Session shall consider the report of the GDC and vote if necessary to remove from office a National officer by a two third majority of NEC members.

2.4.3 The entire elected National officers can only be removed from office in between National Delegates' Conference by a Special National Delegates' Conference convened for that purpose.


Page 03

3.0 OBJECTS

3.1 The principal objects of the Association shall be as follows:To accomplish the overall unionisation of all Senior to Middle level Management Employees, whether temporary or permanent, in each Company/Organization in the Petroleum, Natural Gas, Petrochemicals and allied Industries as members of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN).

3.2 To enter into, regulate and maintain all forms of labour and industrial relations activities between the various Managements of the Petroleum, Natural Gas, Petrochemicals and Allied Companies all over Nigeria and their Senior to Middle level Management Employees on the one part and between two or more individual members or Branches of the Association on the other part.

3.3 To safeguard and improve the rights, terms and conditions of employment of its members through labour and industrial relations processes and activities.

3.4 To ensure that each Company's or Organization's Management provide the necessary occupational Health, safety, environmental, social safety, and other welfare benefits which includes but not limited to Accident, disability, sickness, maternity, lost tools, authorisation /payment for acquired tools where such tools are conditional to work performance, holiday, superannuation schemes, educational, amongst others benefits for members in themselves and for their families.

3.5 To enter into such collective investments that will improve the welfare of the Association and its members.

3.6 To promote the economic, social and educational welfare of the members in any lawful manner which the National Delegates' Conference /Special Delegates' Conference or the National Executive Council may from time to time deem expedient.


Page 52

SCHEDULE 2: DISCIPLINARY CODE AND PROCEDURE

2 .0 DISCIPLINARY CODE

2.1 Any member or elected officer or organ may be disciplined by the Association for:

(i) Acting in a manner contrary to the Constitution of the Association(ii) Acting contrary to the interests of the Association or its members or

any federation of Labor Unions to which the Association belong.(iii) Failure or refusal to carry out the legitimate decisions or orders of the

Association without adequate reason(s) or gross negligence of duty.(iv) Failing to be in good standing of the Association.(v) Committing any other act(s) of misconduct.

2.2 DISCIPLINARY PROCEDURE

2.2.1 In disciplining any member, elected officer or organ of the Association, the under listed procedure shall apply:

2.2.2 The member, elected officer or organ to be disciplined must be given at least 14 days written notice of the charges against him or her, the time and place for the disciplinary hearing.

2.2.3 The relevant Grievance and Disciplinary Committee may proceed to hear and determine the charges if satisfied that:

(i) the person charged is present(ii) although absent from the hearing, it is reasonably established that

the person or organ charged received the notice and does not have acceptable reason for not attending.

2.2.4 At the hearing of the charges, the person charged must have the opportunity to state his or her case personally and to call and question witnesses.

3.7 To inspire high standards of discipline, workmanship and professionalism at all times.

3.8 To encourage thrift and other savings schemes amongst members and adopt measures for promoting such savings schemes.

3.9 To render and to receive assistance and donations from other Trade Unions, Organizations and Institutions that supports the growth and development of Trade Unionism.

3.10 To engage the Managements of Companies/Organizations and/or any level of Government on matters affecting the industry, labour relations, members and /or any other Staff or Group of Staff in the Petroleum, Natural Gas, Petrochemical, and allied Industries.

3.11 To advocate, canvass, promote and support policy and legislative processes and implementation with a view to establishing and protecting the rights and privileges of labour as well as for the introduction of benefits, welfare and social security measures.

3.12 To engage in activities that promote the wider interests of workers and to affiliate/amalgamate with other Trade Unions and Organizations that will assist the Association to achieve its objectives.

3.13 To ensure effective participation and representation in policy formulation, legislation and decision processes of institutions, Petrochemical, Allied boards, agencies and parastals in the petroleum industry.

4.0 MEMBERSHIP

4.1 Each Company/Organization's senior staff to middle level management within the Petroleum, Natural Gas, Petrochemical and allied Industries shall be eligible for membership of the Association regardless of race, sex and religion, provided he/she is above 16 years of age.


Page 04


Page 51

SCHEDULE 1: OATH OF OFFICE

(To be administered to all newly elected officers of the Association before assumption of office)

I …………………….. do solemnly swear and affirm that I will be faithful and bear true allegiance to the Petroleum, Energy and Natural Gas Senior Staff Association of Nigeria (PENGASSAN).

That as the ----------- of the Association, I will discharge my duties to the best of my ability in the interest of the welfare, solidarity, well-being and prosperity of the members and employees of the Association and in accordance with the Constitution of the Association.

That I will exercise the authority vested in me as ------------------- so as not to impede or prejudice the authority lawfully vested in my office and so as not to endanger the continuance of the Association.

That I will not allow my personal interest to influence my official conduct or my official decision.

That I will to the best of my ability, preserve, protect, defend and abide by the Constitution of the Association.

And that in all circumstances, I will do right to all manner of people according to the law without fear or favor, affection or ill will.

That I will not directly or indirectly communicate or reveal to any person, any matter which shall be brought under my consideration or shall become known to me as ------------------- except as may be required for the due discharge of my duties.

And that I will devote myself to the service and well being of Nigeria.

So help me God.

4.2 The Association shall upon registration of member(s), ensure that employees and their management representatives recognise the right of every registered member within the union jurisdiction to belong to the union without further assurance.

4.3 In the event that a member changes employment within the industry or is wrongfully terminated, he/she shall retain all membership rights and privileges for :

a) three (3) months in the case of change of employment, andb) pending the final determination of the matter while still observingrule

30.3in the case of wrongful termination.

5.0 GOVERNMENT OF THE ASSOCIATION

5.1 The Association shall not be governed, nor shall any person or group of persons take control of the government of the Association or any part thereof, except in accordance with the provisions of this Constitution.

5.2 The governance of the Association shall be vested in the following organs in order of pre-eminence:

(i) National Delegates' Conference/ Special National Delegates' Conference

(ii) National Executive Council (NEC)(iii) Central Working Committee (CWC)(iv) Zonal Executive Council (ZEC)(v) Zonal Executive Committee (ZECOM)(vi) Branch Executive Council (BEC)(vii) Branch Executive Committee (BECOM)(viii) Chapter Executive Committee (CEC)(ix) Unit Executive Committee (UEC)


Page 05


Page 50

34.19. RATIFICATION

The amendments to this Constitution are hereby adopted and ratified as laws of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN), on the 1st day of July, 2013 Special Delegates Conference of the Association held in Abuja.

President General Secretary

Registrar of Trade Unions

6.0 NATIONAL DELEGATES' CONFERENCE (NDC)

6.1 The supreme authority of the Association shall be vested in the National Delegates' Conference (NDC)/ Special National Delegates' Conference (SNDC).

6.2 The National Delegates' Conference shall be held once in every three years. It shall be held not earlier than March and not later than June of the same year.

6.3 The National Delegates' Conference shall be composed of:

i. National Officers ii. Branch Delegates consisting of one (1) Delegate for every sixty (60)

members or part thereof on its register excluding those in (i) above.1 - 60 = 1 Delegate61 - 120 = 2 Delegates121 - 180 = 3 Delegates

Based on this Rule, each Branch shall be represented by at least one Delegate.

6.4 Where a Branch has less than or equal to sixty (60) members, the Branch Chairman shall automatically become the Branch's Delegate.

6.5 If however, the Branch Chairman cannot attend, then the Vice Chairman Shall represent the Branch.

6.6 In the event that either the Chairman or the Vice Chairman of the Branch cannot attend, any other member of the Branch shall be elected or nominated by the Branch Executive Committee to be the Delegate of such Branch. Such representation shall be duly signed and communicated to the General Secretary.

6.7 Only Branches whose financial contributions are fully paid up at least two months to the date of the Delegates' Conference shall be allowed to participate in the business of Delegates' conference.


Page 06


Page 49

34.15 POACHING OR RAIDING OF UNION MEMBERS

Poaching or raiding of Union members by other Unions is contrary to Trade Union norms and a violation of Trade Union solidarity. It breeds antagonism among Unions, unrest, dissatisfaction, disunity among the workers involved, industrial strain and conflict. Above all. Poaching adds nothing to the strength and capabilities of the Trade Union movement as a whole.

34.16 As a general principle therefore, no worker who is or has recently been a member of any Trade Union should be accepted into membership of another Union without enquiry from his present or former Union. No member should be allowed to escape his financial obligations by leaving one Union, while in arrears and joining another. Neither should a Union accept members from any other Union, which is engaged in a trade dispute. Other circumstances should be considered on their merits.

34.17 ETHICAL PRACTICES COMMITTEE

There shall be established as part of the machinery of the Association an Ethical Practices Committee, the functions of which shall be to investigate situation where there is reason to believe that Branches are dominated, controlled or substantially influenced in the conduct of the affairs by any corrupt and other unethical practices. The Association shall impose appropriate penalties.

34.18 GENERAL

The principal aim of Trade Unions is to promote their members' interests. They can do this only if the undertakings in which their members are employed prosper. They therefore have an interest in the success of those undertakings and essential contribution to make to it by co-operating in measures to promote increased productivity and efficiency. They also share with Management the responsibility for good industrial relations.

6.8 Payment of Check off Dues shall not be accepted at the Conference venue.

7.0 BUSINESS OF THE NATIONAL DELEGATES' CONFERENCE

7.1 The National Delegates' Conference shall receive, consider and decide upon the following:

i. President's Address.ii. Minutes of the previous National Delegates' Conferenceiii. Secretariat Reportiv. Financial Report v. Review of Check-Off duesvi. Dissolution of the Association or Expulsion of Member(s)vii. Proposal(s) for amendment and/or amendment of the Constitution. viii. Election of National Officers

7.2 Each Branch shall forward to the General Secretary, a list of its delegates, and any proposal for a resolution at the Triennial National Delegates' Conference not later than 45 calendar days to the date of the conference.

7.3 The General Secretary shall prepare an agenda approved by the Central Working Committee for the Triennial National Delegates' Conference and shall forward same to the Branches not later than 21 calendar days to the date of the Conference including resolutions and number of Delegates per Branch.

7.4 Any member who attends the National Delegates' Conference as an observer shall participate in such meetings in an observer status only and can neither vote nor be voted for.

8.0 SPECIAL NATIONAL DELEGATES' CONFERENCE

8.1. A Special National Delegates' Conference, which shall have the same powers as the Triennial National Delegates' Conference, may be convened at any time at the instance of the National Executive Council


Page 07


Page 48

enrichment of an individual or group of individuals utilizing their strategic advantages in the Union for that purpose.

34.13 MISCONDUCT OF BRANCH ASSOCIATION

If the activities of any Branch are in the opinion of the Association detrimental to the interest(s) of the Trade Union movement or contrary to the declared principles and policy of the Association, such activities shall warrant an investigation into the conduct of the Branch in accordance with the established procedure in the Constitution of the Association.

34.14 POLITICAL AFFAIRS

Unless the rules of a Trade Union otherwise provide, in so far as the funds of a Trade Union represent payment which the members are required to make under the rules, whether by way of subscriptions, dues or otherwise, funds shall not be applied (whether directly or any other indirect manner) to the furtherance of any political objectives.

34.15 UNION ELECTIONS

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 desires of the workers whom they represent. The responsiveness of Union officials depends upon the regularity of elections and the honest count of ballots. Every Trade Union official and member is therefore obliged not to obstruct the free and fair conduct of elections as and when they fall due in accordance with the Union's Constitution.


Page 08

and upon a resolution to that effect sponsored by at least two third of the total number of Branches of the Association.

8.2. A Special National Delegates' Conference shall discuss only the issue(s) for which it is convened.

BRANCH CONFERENCE/BRANCH DELEGATES' CONFERENCE.

8.3.1 A Branch whose members are all in one location shall hold a Triennial Conference of all members.

8.3.2 A Branch whose members are in more than one location may choose either to hold a Conference or a Delegates Conference.

9.0 NATIONAL EXECUTIVE COUNCIL (NEC)

9.1 The Government of the Association and the conduct of its business in the Period between Triennial National Delegates' Conferences shall be vested in the National Executive Council (hereinafter referred to as the (NEC).

9.2 All National Executive Council members shall be members of the Association except where non-members of the Association are appointed/employed in Executive capacity.

9.3 The NEC shall be composed of the President, Deputy President, Industrial Relations Officer, Treasurer, Financial Secretary, Public Relations Officer, Zonal Chairmen, the General Secretary, Zonal Secretaries, the Deputy General Secretaries, Auditors, National Chairperson Women in PENGASSAN, Members who are states chairmen and CWC members of TUC and Chairmen of all the Branches of the Association. The immediate past President shall be the Ex-officio member of the National Executive Council (NEC).

9.4 The NEC shall consider and give directives to the Central Working Committee on the issues that are brought before it for the good conduct of the affairs of the Association.


Page 47

34.10.1 FINANCIAL MATTERS

The fact that a Trade Union is a democratic organization implies tThat the members of the Union are entitled to assurance that the Union's 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.

34.10.2 Since a Union holds, funds in trust for the benefit of its membership and to further their interests, it should comply with standards generally applicable to fiduciaries or trustees with respect to the manner in which it keeps lists, records and accounts. Regular audits should be conducted and there should be appropriate distribution of summaries of such audits so that the membership and the public are adequately informed of the state of the organization finances.

34.11 CORRUPT PRACTICES

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/herduties as a workers' representative or as representative of the Association and therefore of the Trade Union. All elected and appointed Trade Union officials as well as employees of the Association should eschew corrupt practices in all its forms, that not only in financial and political matters but also in those matters which involve loss of Union prestige and jeopardy of Union membership interests rather than Union asset as such.

34.12 RACKETEERING

The decisive element in racketeering is personal enrichment at the expense of the Workers or Employers in the industry; for example; excessive demands, invasion of Management rights, violence in trade disputes can be racketeering if the end result is the personal


Page 09

9.5 The Council shall endeavour to attain the objectives of the Association and shall protect its funds against extravagance, misappropriation and mismanagement.

9.6 The NEC shall ratify the appointment of such Staff of the Association as may be considered necessary.

9.7 The National Executive Council shall be the approving authority to investment and loans proposal(s) brought before it by the CWC.

9.8 The decision of the National Executive Council shall be binding on all members of the Association and can only be reversed by the National Executive Council or National Delegates'/Special National Delegates' Conference.

9.9 The National Executive Council shall approve the Annual Budget of the Association.

9.10 The National Executive Council shall have the power to determine other specific financial contributions of members to the Association.

10.0 CENTRAL WORKING COMMITTEE (CWC)

10.1 The Central Working Committee (hereinafter referred to as the “CWC”) shall comprise the President, Deputy President, Industrial Relations Officer, Treasurer, Financial Secretary, Public Relations Officer, the General Secretary, the Deputy General Secretaries, Zonal Chairmen and Zonal Secretaries of each of the Zones and the National Chairperson Women In PENGASSAN (WIP).

10.2 The CWC shall ensure an effective and efficient administration of the Association.

10.3 The CWC shall originate and recommend policy matters to the National Executive Council and National Delegates' Conference.

10.4 It shall implement the decisions of National Executive Council and National Delegates' Conference.


Page 46

34.9.4 All officials and staff of the Union shall

34.9.4.1 Espouse the cause of workers and their Trade Union;

34.9.4.2 Uphold and defend the Constitution of the Union at all times 34.9.4.3 Render honest, impartial and efficient services to the Union; 34.9.4.4 Serve as an effective link between the Union and its members;

34.9.4.5 Be trustworthy and responsible representative of workers to Management

34.9.4.6 Process all legitimate grievances of workers in accordance with established procedures.

34.9.4.7 Obey all lawful instruction in the discharge of union function;

34.9.4.8 Eschew all forms of individualism which are inimical to the solidarity, stability and progress of Trade Union movement.

34.9.4.9 Put interest of the Union and its members above personal interest in the conduct of Union affairs.

34.9.4.10 Abide by majority decision and respect the right of minority. 34.9.4.11 Work for the growth of the Union in strength and freedom

34.9.4.12 Further the cause of industrial democracy, peace, progress and social justice.

34.9.4.13 Render a true account of his/her stewardship to the members of the Union as and when the occasion arises .


Page 10

10.5 Members of the CWC shall not hold office at any other organ of the Association but shall be active ex-officio members of their respective Zones/Branches/Chapters/Units.

10.6 No one Branch shall hold more than one of the following offices: President, Deputy President, Treasurer, and Industrial Relations Officer. The same rule shall apply for the position of the Secretary in other organs/structures of the Association other than the CWC.

10.7 The CWC shall, for the effective performance of its oversight functions, have the powers to discipline member(s) and officer(s) of the Association at all levels, as shall become necessary and expedient, subject to the ratification of NEC.

10.8 The CWC shall on the recommendation of the Secretariat decide what employment positions should be created, maintained or terminated for the effective running of the Association including the management of the employees (except for General Secretary and Deputy General Secretaries which shall be subject to NEC ratification).

10.9 The CWC shall determine the terms and conditions of all employees of the Association.

10.10 The CWC may perform any other role(s) as may be deemed necessary for the smooth and effective running of the Association.

10.11 FILLING A VACANT POSITION IN THE CENTRAL WORKING COMMITTEE OR OTHER NATIONAL OFFICES

10.12 The National Executive Council shall be vested with the authority to fill any vacant position in the Central Working Committee or any other National Office occasioned by the removal, dismissal, death, or resignation of a member of the Central Working Committee or other National Office(s) in between National Delegates' Conferences (except for Zonal Chairman and Zonal Secretary which shall be filled by their respective Zonal Executive Council).


Page 45

34.7 Membership meetings should be held periodically, as provided for in the Union's constitution and rules with proper notice of time and place. It should be the responsibility of the Union to call such meetings and of the members to attend and participate actively.

34.8 PENALTY FOR BREACH

Sanctions for breaches of the code shall be fines, suspension from membership affiliations, office or employment and in the case of employee of the Union, termination of employment or dismissal. The amount of fine and appropriate penalty shall be left at the discretion of the Committee or Tribunal.

34.9 RESPONSIBILITIES OF ELECTED AND APPOINTED OFFICERS OF UNION

34.9.1 No person shall hold or retain elected or appointed office in the

Association or any of their Branches who has been convicted of any crime involving moral turpitude, dishonesty and other malpractices offensive to Trade Union morality or interest.

34.9.2 No Trade Union official who already receives full pay from his Branch or Association shall receive fees or salaries of any kind from any other source save with the permission of the Branch or the Association.

34.9.3 No elected or paid Trade Union official shall have personal financial interest which conflicts with his full, effective and unalloyed performance of his duties as a worker's representative or a representative of the Association. In particular, no elected or paid Trade Union official or employee of either a Branch Union or the Association shall own a substantial interest in any business enterprise with which his Branch or Association bargains collectively or has interests and dealing with or in any other concern which is in competition with such enterprise or has considerable dealings with it.


Page 11

10.13 Only serving and former NEC member(s) who meet the eligibility criteria of Rule 11.2 and are nominated by his/her branch are eligible to contest any vacant position occasioned by the removal, dismissal, death, or resignation of a member of the Central Working Committee or other elected National Officer(s) in between National Delegates' Conferences.

11.0 ELECTION GUIDELINES

These guidelines shall be followed during election into any office of the Association at Triennial/Special National Delegates' Conferences or Zonal Delegates' Conference or Branch Delegates' Conference or Branch Conference.

11.1 Elections shall be conducted triennially to fill the various offices of the following administrative organs of the Association:

i. Central Working Committee (CWC)ii. Zonal Executive Committee (ZECOM)iii. Branch Executive Committee (BECOM)iv. Chapter Executive Committee (CECOM)v. Unit Executive Committee (UECOM)

11.2 ELIGIBILITY

11.2.1 Only members who are 21 years of age or above shall be eligible to hold positions in the Association.

11.2.2 Persons who have been disqualified by any clause of the Nigerian Constitution, extant Labour laws and/or this Constitution shall not be eligible to hold any office in the Association.

11.2.3 To be eligible to contest the position of the President or Deputy President, a candidate must have completed at least a full tenure as a NEC and/or CWC member.

11.2.4 To be eligible for election into other positions of the Central Working Committee, a candidate must have served at least a full tenure as a


Page 44

Constitution be admissible in evidence and any provision of the code which appears to the Tribunal or Committee to be relevant to any question arising in the proceedings shall be taken into account by the Committee in determining the question at issue.

34.4 MEMBERSHIP RIGHTS AND RESPONSIBILITIES

Each member of a Trade Union should have the right to a full and free participation in the government of his Trade Union. This should include the right:

(i) To vote periodically, as provided in the Union's constitution and rules for Branch or District, State or Regional and National officers either directly or through delegates

(ii) To honestly and democratically conduct election

(iii) To stand for and hold office, subject only to fair and reasonable qualification uniformly imposed.

(iv) To express his/her views as to the method in which the Union's affairs should be conducted

34.5 Each member should have the right to fair treatment in the application of Union rules and constitution. Trade Union disciplinary procedures should contain all the elements of fair play and the rules of natural justices, that is, notice, hearing and judgment on the basis of the evidence 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.

34.6 Each member has the responsibility, fully to exercise his/her rights of Trade Union membership and loyalty, to support his/her Union. The right of an individual member to criticize the policies of his/her Union and his/her Union officer 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 carry slander or libel of any officer of the Union.


Page 12

member of Zonal Executive Committee or a Branch Executive Committee.

11.2.5 To be eligible for election into the other positions of the Zonal Executive Committee, a candidate must have completed at least a full tenure as a member of either a Branch or Chapter Executive Committee.

11.2.6 To qualify for an elective position of Branch Chairman and Secretary such a person must have served as an elected officer of the Association in the Branch/Chapter except where such a Branch/Chapter/Unit is a newlyInaugurated/approved Branch or Chapter.

11.2.7 To qualify for other elective positions into Branch or Chapter or Unit, Executive Committee, such a person must have been a financial member of the Association for a period of 3 (three) years except where such a Branch or Chapter or Unit is a newly inaugurated/approved Branch or Chapter or Unit.

11.2.8 Only Candidates from Branches that have complied with Rule 6.7 shall be ligible to stand for election in a National or Special National or Zonal Delegates'.

11.3.0 ELECTION PROCEDURE/ACCREDITATION

11.3.1 Each Delegate shall be accredited only after identification through the valid Company identity card.

11.3.2 Only Delegates present at the venue of a National and Zonal Delegates' Conference can vote and be voted for in an election at a National or Zonal Delegates' Conference.

11.3.3 Any member who attends the Delegates' Conference as an observer shall not vote nor be voted for.


Page 43

of society and cannot realistically be considered outside it. They have become an important part of the economic fabric of Nigeria – recognized, respected and consulted by the Government and by Employers.

34.2 AIMS

The principal aims of this code of Practice therefore are:

(i) To encourage the positive contributions which the Trade Unions can make to the economic and social progress of Nigeria, her associations and interest, and to minimize and resolve the difficulties to which their various operation can give rise to, having regard to the laws, public policies and practice in force in the country.

(ii) To set standards and give practical guidance on the conduct of industrial relations and the development of policies to improve human relations in all types of employment.

(iii) To ensure and encourage at all levels the conduct of industrial relations by munication between employers and their organizations and strong representative Trade Unions within a voluntary and legal machinery designed for theans of collective bargaining, consultation and effective comme settlement of disputes and provision of adequate safeguards for the free association of workers on the one hand and employers on the other.

(iv) To develop a vigilant, informed and active membership, conscious of its right and interest and alive to its responsibilities in the operation of any Trade Union programme as an effective safeguard against abuse.

34.3 USE OF THE CODE FOR DISCIPLINARY ACTION

The failure on the part of any member and official of this Association to observe any of its provision(s) shall, in any proceedings for disciplinary action before a Committee or Tribunal under this


Page 13

HOUSE DISSOLUTION 11.3.4 In accordance with the agenda of the National Delegates' Conference,

the President shall at the appropriate time call for a motion to dissolve the Central Working Committee.RETURNING OFFICERS

11.3.5 The Returning Officer at the National Delegates' Conference of the Association shall be the General Secretary of the Association. Other persons who are not eligible for election may be called upon to assist the General Secretary.

11.3.6 A Deputy General Secretary or any other person appointed by the General Secretary shall be the Returning Officer for Zonal Elections.

11.3.7 For Branch Elections, Assistant General Secretary or the Organizing Secretary or any other person appointed by the General Secretary or his designates shall be the Returning Officer.

NOMINATION

11.3.8 Nominations for any particular office shall be called for by the Returning Officer. Each nomination shall be seconded by another member provided that no member shall nominate or second the nomination of more than one candidate for the same office. Any nomination without seconder shall be null and void.

13.3.9 Every candidate that is nominated and seconded accordingly for each elective position shall be presented for election.

11.3.10 No candidate shall be nominated or voted for in absentia at the Conference Centre.

CASTING OF VOTE

11.3.11 The Returning Officer shall prior to casting of votes invite the nominated Presidential and Deputy Presidential candidates to address the Conference-in-session. Candidates nominated for other positions


Page 42

(ii) Notification for such a Conference must reach the Branches at least forty-five (45) days before the date of the Conference.

(iii) The resolution for the dissolution of the Association shall be passed by a two-third (2/3) majority of the members/delegates present through secret ballot.

(iv) A motion to convene a Conference for the dissolution of the Association, shall be sponsored by a resolution to that effect by a simple majority of the members at each Branch /Branch Delegates Conferences of at least two-third of all the Branches of the Association.

(v) The Association can also be dissolved by an order of the Federal Government of Nigeria acting in accordance with the laws of the Federal Republic of Nigeria or an order of a Court of competent jurisdiction (subject to the court process of appeal, etc).

33.2 In the event of dissolution, as provided in this Constitution and the law of the land, the assets and liabilities of the Association shall be fully discharged by the Trustees of the Association. Any balance funds or liabilities shall be distributed among the members in proportion to the rates of their contribution after the Registrar of Trade Unions shall have been duly informed.

33.3 Where the dissolution of a Branch is contemplated, such decision shall be taken at a NEC meeting upon a recommendation to that effect by the CWC.

34.0 CODE OF PRACTICE

Every member of the Association whether holding any office or not and including every full-time employee shall observe the code of practice (as prescribed by the Federal Government of Nigeria) which is as set out hereunder and forms part of this constitution.

34.1 PREAMBLE

Although the primary objective of Trade Union is to further the economic interest of their members, they are basically an integral part


Page 14

may also be invited to address the Conference. and Deputy Presidential candidates to address the Conference-in-session. Candidates nominated for other positions may also be invited to address the Conference.

11.3.12 Voting shall be by secret ballots (either by ballot papers or electronically) the method of which shall be confirmed satisfactory by the National Secretariat.

DECLARATION OF ELECTION RESULTS

11.3.13 The candidate that scores simple majority of votes shall be declared elected.

11.3.14 Where there is a tie between candidates, votes shall be retaken between the candidates that tied.

11.3.15 If after two rounds of voting and the candidates continue to tie, the next round of voting shall be carried out by an Electoral College of newly elected officersonly.

11.3.16 If after the Electoral College round of voting and the candidates continue to tie, a die shall then be cast by the Returning Officer to determine the winner.

11.3.17. The Returning Officer shall after the voting processes have been successfully completed announce the result of the election and immediately invite the newly elected officers to take Oath of Office (as stated in Schedule 1) of this Constitution and assume office.

11.3.18 Branches may also adopt the conference method of Election, in which case all members of the Association shall participate in the simultaneous election of officers in all accredited voting centres and the overall result collated at the venue of the conference subject to other relevant provision of Rule 11.


Page 41

31.6.4 The Branch Executive Council reserves the right to reject the application for re-Admissionof a member who has voluntarily resigned in accordance with the procedure laid down in Rule 31.5.3 above.

32.0 ETHICAL PRACTICES, GRIEVANCE AND DISCIPLINARY COMMITTEE

32.1 There shall be established as part of the machinery of discipline and rectitude in the Association, a Grievance and Disciplinary Committee (EGDC) at all levels.

32.2 At the Ethical practise, National level EGDC shall be comprised of two elected CWC members and three other members of NEC who shall be nominated by the CWC and ratified by NEC.

32.3 The EGDC at the National level shall investigate and deliberate on all grievances and alleged disciplinary matters referred to it by the CWC or NEC and report back its finding(s)including recommendation(s) of sanction(s) as may be applicable.

32.4 The EGDC at the National level shall investigate situation where there is reason to believe that Branches are dominated, controlled or substantially influenced in the conduct of the affairs by any corrupt and other unethical practices.

32.5 The EGDC at National shall recommend appropriate penalties.

33 DISSOLUTION

33.1 Notwithstanding any resolution taken at any National Executive Council meeting, Zonal, Branch or Chapter Conferences, the Association shall not be dissolved except by a Resolution of the National or Special Delegates' Conference taken under the following conditions:

(i) The Conference must be convened for the sole purpose of discussing the dissolution of the Association.


Page 15

SECURITY OF ELECTORAL MATERIALS

11.3.19 All electoral materials shall be safely kept for a period not less than three months from the date of the election.

11.3.20 ELECTION PETITIONS PANEL AND PROCESSES

11.3.21 The National, Zonal or Branch Delegates' Conference-in-Session shall prior to the dissolution of the existing Executive Committee constitute a five-man Electoral Petition Panel for National and three-man for Zonal and Branches that would receive petitions after the Elections.

11.3.22 All petitions which are not made on the floor of the Conference shall be submitted to the Panel in writing not more than two weeks from the date of the elections. Any petition not received within two weeks from the date of the elections shall not be entertained.

11.3.23 The Panel shall within four weeks of receipt of any petition, resolve all issue son such petition(s) thereafter stand dissolved.

12.0 OFFICERS AND STAFF

The Principal National Officers of the Association shall be:

(i) The President(ii) The Deputy President(iii) The General Secretary(iv) The Industrial Relations Officer(v) The Treasurer (vi) The Financial Secretary(vii) The Public Relations Officer(viii) The Zonal Chairmen(ix) The Zonal Secretaries(x) The Deputy General Secretaries.(xi) National Chairperson Women-in-PENGASSAN (WIP)(xii) The two Internal Auditors.


Page 40

31.2.1. The CWC shall have the power to suspend the executives member(s) of any branch where such disciplinary action is arising out of misconduct, unethical behaviour and antiunion action is consider expedient for sanction pending the recommendation of GDC and the decision of NEC.

31.3 In the event of the dissolution of a Branch Executive Committee, a Caretaker Committee of not more than five persons shall be constituted to run the affairs of the Branch for a period of three months during which time an election shall be conducted to elect officers. However, the three months tenure as Caretaker shall not count for persons who serve in Caretaker Committees.

31.4 The CWC can discipline any of its members in line with the Disciplinary Code and Procedure in Schedule 2 .

31.5 The NEC may take any disciplinary action it shall deem appropriate on any member, officer or staff of the Association for any serious misconduct.

31.6 TERMINATION OF MEMBERSHIP

31.6.1 The National Executive Council may expel from the Association any member so recommended by the CWC who is proved to the satisfaction of the National Executive Council, to have been guilty of conduct prejudicial to the interest of the Association or commits a breach of any of the Rules of the Constitution.

31.6.2 Any member whose membership is terminated for gross misconduct or anti-Union activities shall have the right to appeal to the National Delegates' Conference whose decision shall be final.

31.6.3 A member who wishes to terminate his or her membership of the

Association by resignation shall give one (1) month notice in writing of his/her intention to the Branch Secretary who shall notify the General Secretary upon Branch approval.


Page 16

13.0 OFFICERS AND THEIR DUTIES

13.1 PRESIDENT

13.1.1 He shall be the principal accounting officer of the Association.13.1.2 He shall preside at all National Conferences, National Executive

Council and Central Working Committee meetings and shall be responsible for the proper conduct of business at these meetings.

13.1.3 In conjunction with other members of the Central Working Committee (CWC), he shall superintend the general administration of the affairs of the Association.

13.1.4 He shall work in close association and in consultation with the General Secretary and shall ensure the observance of the rules of the Constitution

13.1.5 He shall carry out such other functions, as his office shall require him to do for the efficient and effective administration of the Association.

13.1.6 He shall be a signatory to the Association's Accounts.

13.1.7 In the absence of the President, the Deputy President shall act in that capacity. In the absence of both President and the Deputy President, the National Industrial Relations Officer will act.

13.1.18 He shall take ultimate responsibility and accountability for all negotiations and meetings between the Association and the different management and other stakeholders in the Petroleum and Natural Gas Industry. He shall lead or designate other officers to deal with such responsibilities and ensure that all matters are expediently resolved.

13.2.1 The Deputy President shall assist the President in the performance of his (The President) duties and shall act in the absence of the President.


Page 39

30.4.1 On the death of a financial member, the Association shall donate the minimum sum of One Hundred thousand naira (N100, 000.00) to the family of the deceased. The Branch shall provide 50%, that is,N50, 000.00 of the donation. An officer of the Association shall attend the funeral to make the donation.

30.4.2 The CWC shall determine other burial assistance subject to NEC ratification.

30.5 OTHER BENEFITS

The CWC shall, depending on the situation use its discretion to determine any other benefit(s) due any member of the Association to a maximum monetary value of one hundred thousand (N100,000) naira.

30.6 QUALIFICATION FOR BENEFITS AND PRIVILEGES

30.6 .1 Any Branch or Member(s) of a branch whose financial contributions to the Union do not conform with the constitutionally stipulated obligations and could not provide any satisfactory reason orevidence for such default shall not enjoy benefits and privileges.

30.6.2 Any Branch or Member(s) of a branch whose financial contributions are not fully paid up to at least two months (60 days) before the date of the Delegates' Conference or any other functions of the Association shall not be allowed to participate in such function or business of the Association. In the case of a non bona-fide member that is found to be holding any office, such officers shall be summarily sanctioned by the Association.

31 DISCIPLINE

31.1 The discipline of any member, officer or organ of the Association shall be as provided in the Disciplinary Code and Procedure in Schedule 2.

31.2 The CWC may suspend or dissolve, subject to the approval of NEC, the

Executive Committee of any Branch in accordance with the Rules of the Constitution and the procedure in Schedule 2.


Page 17

13.2.2 In the event of the office of the President becoming vacant, the Deputy President shall acting capacity of the President for a period of three months during which period the NEC shall fill the position.

13.2.3 He shall be Chairman of the Investment Committee


13.3 FINANCIAL SECRETARY

13.3.1 He shall keep record of all monies received by the Association and shall be responsible for maintaining accurate financial records of the Association.

13.3.2 He shall prepare financial statement of the Association for each meeting of the National Executive Council and the National Delegates' Conferences.

13.3.3 He shall in conjunction with other relevant officers vet all expenditures of the Association in line with the Financial Guidelines

13.3.4 He shall prepare an annual account for auditing and submission to the Registrar of Trade Unions as required by law.

13.4 TREASURER

13.4.1 He shall be responsible for all monies belonging to the Association. 13.4.2 He shall be a signatory to the Association's Accounts.

13.4.3 He shall in conjunction with other relevant officers vet all payments of the Association in line with the Financial Guidelines.

13.5 INDUSTRIAL RELATIONS OFFICER

13.5.1 He shall in consultation with the General Secretary, develop welfare programmes for the members of the Association.


Page 38

the activities of the Association. It may also take any other action(s) that will improve the members Trade Union knowledge and promote the good image of the Association.

29.2 Each organ of the Association shall set aside at least 5% of its income for Capacity Building and Improvement.

29.3 All newly elected officers of Chapter, Branch, Zone and the CWC shall undergo an orientation on the doctrines of Trade Unionism to be facilitated by the National Secretariat.

30 BENEFITS AND PRIVILEGES

30.1 GROUP INSURANCE

The Association may take a group insurance policy to provide financial benefits/assistance or other facilities to such members and/or their families for loss of income due to death or prolonged illness or wrongful termination of member's employment absolutely depending on how the National Executive Council consider the member's personal contribution towards the upliftment of the Association and its ideal.

30.2 LEGAL ASSISTANCE

The Association shall provide legal assistance to any member for any matter connected with the Association's activities upon the recommendation of such member's Branch Executive Committee, depending on the merit of the case.

30.3 UNEMPLOYMENT BENEFIT

Where the National Executive Council (NEC) is satisfied that a member's employment has been wrongfully terminated, the Association shall pay unemployment benefit of not less than Fifty thousand Naira (N50, 000.00) per month while he is out of job for a maximum period of six (6)months.

30.4 DEATH BENEFIT


Page 18

13.5.2 He shall in conjunction with the Deputy General Secretary (IR,) and with the Zonal Chairman co-ordinate Industrial Relations activities of the Association and ensure quick resolution of all industrial disputes.

13.5.3 He shall perform any other Industrial Relations duties as may be assigned to him from time to time by the Association.


13.6 PUBLIC RELATIONS OFFICER

13.6.1 He shall in conjunction with the General Secretary initiate educational programmes for the benefit of members of the Association.

13.6.2 He shall publish or cause to be published, newspapers, bulletins, Educational pamphlets on the Association and the industry.

13.6.3 In consultation with the General Secretary, he shall organise lectures, workshops, conferences and seminars.

13.6.4 He shall at all times seek to promote a positive image of and for the Association.

13.7 GENERAL SECRETARY

13.7.1 The General Secretary shall be appointed by the Association and shall be a full time Employee.

.13.7.2 He shall be the Chief Administrative Officer of the Association and

shall maintain a nominal list of members showing the functional designation, identity, and place of work of each member.

13.7.3 He shall keep custody of all books, documents, and other properties of the Association.

13.7.4 He shall receive and attend to all correspondences addressed to the Association.


Page 37

26.4 The Deputy President shall be the Chairman of the Investment Committee.

26.5 All investment decisions of the Association shall be approved by the CWC-in-Session and subject to NEC ratification.

27 STRIKES & LOCK OUTS

27.1 In the event of any trade dispute between a Branch and its Management, the Branch shall immediately report the matter to the Zone/National Secretariat, but in no case shall industrial action commence without the prior approval of the National/Zonal Secretariat.

27.2 In the event of a lock out, victimization or any deprivation by the Management of a Company, the Branch shall immediately report the matter to the Zone/National Secretariat, which shall determine further action(s).

27.3 Declaration of any National industrial action and its call-off/suspension hall be with the approval of the NEC.

27.4 No Zone, Branch, Chapter or Unit shall embark on any court process without the due authorization of the National Secretariat.

28 INTERNAL DISPUTE RESOLUTION

28.1 All internal disputes in the Association shall be subjected to Internal Dispute Resolution process ascertained in Schedule 3.

28.2 Any breach or failure to comply with the Internal Dispute Resolution process shall be regarded as a gross misconduct and shall be sanctioned in accordance with Schedule 2 of this Constitution.

29 EDUCATION

29.1 The Association may undertake the education of its members and staff through meetings, lectures, seminars and periodicals reporting


Page 19

13.7.5 He shall conduct the daily administrative business of the Association and shall implement the decisions of the National Conferences, National Executive Council and Central Working Committee.

13.7.6 He shall organize and attend the National or Special Conferences, National Executive Council and Central Working Committee meetings shall record the minutes of the meetings. He may attend Zonal, Branch and Chapter meetings to hold discussions and give advice. In all the meetings, he shall have the right to speak but will not have the right to vote.

13.7.7 He shall advise the Association on the relationship between it, its Branches and any third party.

13.7.8 He shall ensure that the affairs of the Association are carried out in accordance with the provisions of the Constitution and the laws of the country.

13.7.9 He shall be responsible for all employees of the Association.

13.7.10 He shall in consultation and collaboration with the President and other members of CWC, ensure the observance of the rules of the Constitution by all concerned.

13.7.11 He shall as much as possible lead in all negotiations and meetings between the Association and the different Managements in the Petroleum and Natural Gas Industry to ensure that matters are quickly resolved as may be delegated by the President.

.13.7.12 In collaboration with the Financial Secretary and the Treasurer he shall

prepare the Annual Financial Report for auditing in accordance with the Trade Unions Act.

13.7.13 He shall ensure that audited financial reports of the Association are submitted to the Registrar of Trade Unions at the appropriate time.


Page 36

25.4 All Zonal Expenditures shall be guided by the Responsibility Accounting and in line with the Financial Guide.

25.5 All Zones, Branches and Chapters shall render financial reports to members and to the Registrar of Trade Unions through the National Secretariat in respect of all incomes and expenditure at the end of each financial year.

25.6 Any Zone, Branch or Chapter that fails to comply with the rendering of accounts to members and submission of financial report to the Registrar of Trade Unions shall be sanctioned in accordance with the disciplinary guidelines.

25.7 The funds of the Association which members contribute under these Rules shall not be applied for the furtherance of any political objective.

25.8 The nominal role together with other registers and books of the Association shall be kept at the registered office of the Association and open for inspection to members of the Association and all persons who may have legitimate interest in the funds of the Association.

26 INVESTMENT

26.1 The Association shall invest the 5% fund set aside for that purpose in Rule 22.5 (ii) in Government Bonds, Public stocks and in other areas as may be advised by the Investment Committee.

26.2 The Association shall set up an Investment Committee that will advise the Association on necessary investments and shall report to the CWC.

26.3 The Investment Committee shall comprise the Deputy President, Financial Secretary, Treasurer, and three other members of NEC (to be appointed by CWC and ratified by NEC, and the General Secretary who shall serve as the Secretary.


Page 20

13.7.14 He shall keep an imprest account for the running of the Secretariat and for the effective performance of his other duties. The Central Working Committee shall determine the amount of the imprest.

13.7.15 He shall in conjunction with the IRO organise induction programme for every newly elected branch executive committee/council.

13.8 DEPUTY GENERAL SECRETARIES

13.8.1 The Association shall appoint Deputy General Secretaries (DGSs) who shall be full time employees of the Association to assist the General Secretary.

13.8.2 The titles of the Deputy General Secretaries (DGS) shall be:

(i) DGS Industrial Relations.(ii) DGS Finance & Administration

13.8.3 They shall assist and support the General Secretary in the performance of his duties.

13.8.4 In the absence of the General Secretary, the most senior DGS in service shall act.

13.9 AUDITORS

13.9.1 Two Internal Auditors shall be elected at the National Delegates' Conference and shall be members of NEC.

13.9.2 To be elected as an Internal Auditor, the candidate must possess a qualification in Accounting, book keeping, financial reporting and related courses.

13.9.3 They shall have power to carry out audit of the accounts of the Association at all tiers.

13.9.4 They shall present their final report to the NEC-in -Session.


Page 35

22.6.3 The fund shall be used for infrastructural development only.

22.6.4 The CWC shall determine the nature of infrastructural development which shall be ratified by NEC.

22.7 Branches shall distribute its rebate in accordance with its Bye-laws or as may be decided by the BEC.

23 BANKERS

23.1 The Banker(s) of the Association's shall be any bank operating in Nigeria, which the National or Special Delegates Conference or the National Executive Council shall decide upon.

23.2 The Association shall operate separate accounts for investments and/or co-operative matters, solidarity, infrastructural development and general operations.

24 SIGNATORIES

The signatories to the accounts of the Association shall be the President, Deputy President, Industrial Relations Officer and the Treasurer while the General Secretary or his designate shall endorse all vouchers for payment.

25 BUDGET AND EXPENDITURES

25.1 The Financial Secretary and Trustees shall prepare a draft annual budget for CWC consideration and approval by NEC.

25.2 The proposed budget shall be forwarded to members of NEC at least 21 days before the meeting to consider such budget.

25.3 All expenditures of the Association shall be budgeted for and shall be in line wit the Financial Guidelines. All non-budgeted expenditures shall be authorized by the CWC in Council and shall be later presented to NEC for ratification.


Page 21

13.9.5 The CWC shall recommend the firms of external Auditors to NEC for appointment in accordance with the Trade Unions Act.

13.9.6 In accordance with the provisions of Section 39 of the Trade Unions Act, a copy of the External Auditors' report shall be submitted to the Registrar of Trade Unions along with the Annual Financial Returns.

13.10 CHAIRPERSON, WOMEN-IN-PENGASSAN

13.10.1 Create awareness and encourage women participation in the Association.

13.10.2 May represent the Association in Women Conferences and programmes nationally and internationally.

13.10.3 Report the activities of the WIP to the relevant organs and structures of the Association.

13.10.4 Initiate, promote and project issues affecting women in the work place in conjunction with the leadership of the Association.

14 TRUSTEES

14.1 There shall be Trustees of the Association

14.2 The Trustees of the Association shall be :

i. The Presidentii. Deputy Presidentiii. Industrial Relations Officeriv. Treasurerv. General Secretary

14.3 The Trustees shall be vested with the discharge of the assets and liabilities of the Association in the event of dissolution of the Association.


Page 34

22.3 MODE OF DEDUCTION/REMITTANCE

All check-off dues which have been deducted from the monthly salary of such member(s) by the employer shall be remitted by the employer, directly to the National Secretariat of the Association with the list of check-off dues paying member(s) showing their individual contribution(s). The Association shall take whatever labour or legal action against any defaulting employer.

22.4 CHECK OFF DUESDISTRIBUTION ARRANGEMENT

All check-off dues for any particular month shall be remitted by the employer to National Secretariat not later than the 15th day of the following month.

22.5 From the (100%) Check off dues received from each Branch 10% of Affiliation contribution shall be distributed before the balance will be distributed as follows:

(i) Solidarity Fund 5%(ii) Investment Fund 5%(iii) Infrastructural Development 5%(iv) Rebate to Branches 40%(v) National Secretariat 40%(vi Rebate to Zones 5%

22.6 INFRASTRUCTURAL DEVELOPMENT COMMITTEE

22.6.1 There shall be established a Committee to manage the Infrastructural Development Fund set aside in Rule 22.5 (iii)

22.6.2 The Infrastructural Development Committee shall comprise of the Deputy President who shall be the Chairman of the Committee, the Financial Secretary, the Treasurer, a Zonal Chairman, a Zonal Secretary, three members of NEC to be appointed NEC and Deputy General Secretary, Finance & Administration who shall act as the Secretary of the Committee.


Page 22

15 ZONES & ZONAL ADMINISTRATION

15.1 For the effective administration of the Association, there shall be established, Zones of the Association

15.2 There shall be four Zones viz: Lagos, Port Harcourt, Warri and Kaduna.

15.3 The National Executive Council shall have the power to vary the number of Zones and the area of coverage for each Zone.

However, until otherwise determined, the States/Territorial coverage of the four subsisting zones shall be as follows:

Lagos Zone: Lagos, Ogun, Oyo, Osun, Ekiti, Kwara.

P/Harcourt Zone: Rivers, Cross Rivers, AkwaIbom, Bayelsa, Ebonyi, Enugu, Anambra, Imo, Abia.

Warri Zone: Edo, Ondo, Delta.

Kaduna Zone: Kaduna, Kogi, Niger, Kano, Zamfara, Yobe, Nazarawa, Benue, Taraba, Katsina, Plateau, Bauchi, Gombe, Sokoto, Kebbi, Adamawa, Borno, Jigawa. FCT.

15.4 Each Zone shall be made up of the Branches and/or Chapters within the Zone.

15.5 The administrative authority of each Zone shall be vested in the following organs:

(i) The Zonal Delegates' Conference (ZDC).(ii) The Zonal Executive Council (ZEC)(iii) The Zonal Executive Committee (ZECOM).

15.6 ZONAL DELEGATES' CONFERENCE


Page 33

an Assistant General Secretary, Financial Secretary or Treasurer and at least one of third of the members of the Zonal Executive Committee.

21.6 A quorum at any Branch Executive Committee/Branch Executive Council meeting shall be formed by the presence of the Chairman or Vice Chairman or any other officer acting in the capacity of the Chairman, Secretary or any other person acting for the Secretary, Treasurer and at least one of third of the members of the BEC.

21.7 A quorum of the Chapter Executive Committee shall be formed by the presence of the Chairman, the Secretary and at least one other member of the Committee.

21.8 A quorum of a Branch or Chapter Conference or Delegates' Conference shall be formed by the presence of the Chairman or Vice Chairman, the Secretary or any other person acting in that capacity, one other Branch or Chapter officer and one third of the expected members to the Branch or Chapter Conference/Delegates' Conference.

22. FINANCES AND ACCOUNTABILITY.

22.1 FINANCE.

The finances of the Association shall be derived from monthly check-off dues, levies, donations, fines, sales of publications, investments and any other source the Association may consider appropriate.

22.2 RATE OF SUBSCRIPTION (CHECKOFF DUES)

Each member, commencing from the month of his or her membership shall pay 1.75% of his/her monthly basic salary or 0.7% of his/her consolidated monthly salary as his/her monthly check-off dues to the Association.


Page 23

15.6.1 There shall be a Zonal Delegates' Conference (ZDC) once in three years, not earlier than March and not later than May of the Conference year.

15.6.2 The business of the Zonal Conference shall receive, deliberate and decide on the followings:

i. Minutes of the previous Zonal Delegates' Conference.ii. Secretariat Report.iii. Financial Report and Audited Accounts.iv. Election of Officers into the ZECOM

15.6.3 Each Branch/Chapter shall be represented in the Zonal Delegates' Conference in line with Rule 6 of this Constitution

15.7 ZONAL EXECUTIVE COUNCIL

The administration of the Zone and the conduct of its business on behalf of the National Secretariat in the period between triennial Zonal Delegates' Conferences shall be vested in Zonal Executive Council (ZEC).

15.8 The Zonal Executive Council (ZEC) shall comprise the following:

mmes that are peculiar to the Zone, consistent with Constitution, policies and programmes of the National Executive council and the Central Working Committee.

(iii) Fill any vacancy in the Zonal Executive Committee in between Zonal Delegates' Conferences in line with Rule 10.11

(i) All members of the ZECOM which include National Officers within the Zone

(ii) Chairmen & Secretaries of Branches/Chapters within the Zone.(iii) Members who are in the state executive councils of TUC in the Zone

15.9 The functions of the Zonal Executive Council shall include:

(i) To superintend the affairs of Branches/Chapters/Unitswithin the Zone.(ii) To formulate policies and progra


Page 32

resolution to that effect by at least two third members of the Zonal Executive Committee.

20.4 Branch Executive Council

The Branch Executive Council shall meet at least four times a year.

21.0 QUORUM

21.1 A quorum of a National/Special National Delegates' Conference shall be formed by the presence of the President or Deputy President, General Secretary or a Deputy General Secretary, the Financial Secretary or Treasurer, a Zonal Chairman, a Zonal Secretary and at least two third of the total number of Branches expected to attend.

21.2 The quorum at a meeting of the National Executive Council shall be formed by the presence of any of the following National Officers- the President or Deputy President or the Industrial Relations Officer or Financial Secretary or the Treasurer, General Secretary or Deputy General Secretary, a Zonal Chairman and Zonal Secretary together with at least one third of the Branches.

21.3 A quorum at any CWC meeting shall be formed by the presence of the President or Deputy President, the General Secretary or a Deputy General Secretary, Financial Secretary or Treasurer, a Zonal Chairman, a Zonal Secretary and at least one third of the other of members of the CWC.

21.4 A quorum of Zonal Executive Council shall be formed with the presence of the Chairman or Vice Chairman and one other Officer of the Zone, the Secretary or the Assistant General Secretary, together with at least one third of the other members of the Zonal Executive Council.

21.5 A quorum at any Zonal Executive Committee meeting shall be formed by the presence of the Zonal Chairman or Vice Chairman or any other officer acting in the capacity of the Chairman, the Zonal Secretary or


Page 24

15.10 The Zonal Executive Committee (ZECOM) shall comprise the following Officers:

(i) Chairman(ii) Vice Chairman(iii) Secretary(iv) Assistant Secretary(v) Industrial Relations Officer(vi) Public Relations Officer(vii) Treasurer(viii) Financial Secretary(ix) WIP Chairperson(x) One Internal Auditor(xi) National Officers within the Zone (xii) Assistant General Secretary or as the case may be.

15.11 FUNCTIONS OF THE ZONAL EXECUTIVE COMMITTEE

15.11.1 Co-ordinates the activities of the Association in the area covered by the Zone.

15.11.2 Deals with and resolves problems including industrial relations matter within the Zone

15.11.3 Acts as communication link between the National Secretariat and the Branches/Chapters covered by the Zone

15.11.4 Co-ordinates the regular remittance of check – off and financial returns from the Companies and Branches respectively within the Zone to and from the National Secretariat.

15.11.5 Organize Zonal events with regard to trade union education and training.

15.12 DUTIES OF ZONAL OFFICERS


Page 31

20.2.2 An Emergency meeting of the CWC may be convened if situation demands either at the instance of the President or by a resolution to that effect by at least two third of members of the CWC.

20.2.3 The General Secretary shall forward to members, a Notice of Meeting which shall also include the agenda for the meeting.

20.2.4 The President shall preside over the meetings of the CWC. In the absence of the President, the Deputy President shall preside. In the absence of both the President and the Deputy President, the officer acting as President shall preside.

20.3 Zonal Executive Council & Zonal Executive Committee.

20.3.1 The Zonal Executive Council shall meet three times in a year.

20.3.2 The Zonal Executive Committee shall determine the date and venue of the Zonal Executive Council meetings.

20.3.3 The Zonal Secretary shall circulate a Notice of Meeting to all members of the Council which shall also include the agenda.

20.3.4 Emergency meetings of the Zonal Executive Council may be convened as situation may necessitate.

20.3.5 An Emergency meeting of Zonal Executive Council may be convened at the instance of ZEC or by a resolution to that effect by Branch or Chapter Executive Committees of at least 50% of the Branches and/or Chapters of the Association within the Zone.

20.3.6 The Zonal Executive Committee shall meet at least once in a quarter. The Chairman of the Zone shall preside over the meeting.

20.3.7 Emergency meetings of the Zonal Executive Committee may be convened as situation may necessitate.

20.3.8 An Emergency meeting of the Zonal Executive Committee may be convened at the instance of the Chairman of the Zone or by a


Page 25

15.12.1 ZONAL CHAIRMAN

i. He shall preside over Zonal Delegates' Conference and the meetings of Zonal Executive Council and Zonal Executive Committe

ii. In conjunction with other members of the Zonal ExecutiveCommittee (ZECOM), he shall superintend the general administration of the affairs of the Zone and ensure the observance of the Rules of the Constitution in the Zone.

iii. He shall be a signatory to the Zonal accountsiv. He shall perform such other duties as his office shall require.v. He shall be a member of the Central Working Committee (CWC).

15.13. ZONAL SECRETARY

i. He shall be the Secretary of the Zonal Executive Council.ii. He shall in conjunction with the Assistant General Secretary attend to

all correspondences addressed to the Zone.iii. He shall be a signatory to the Zonal Accountsiv. Organise branches in conjunction with the zonal IRO v. Call ZEC and ZECOM meetings in conjunction with zonal chairmanvi. Record proceeding of ZEC and ZECOM.vii. He shall be a member of the CWC

16.0 BRANCHES

16.1 Each Petroleum, Natural Gas and Allied Company/Organization shall be constituted into a Branch of the Association irrespective of where the Company/Organization is located subject to the approval of the NEC.

16.2 The power to establish a new branch shall be at the discretion of the Association.

16.3 Subject to the over-riding authority of this Constitution, a Branch may make administrative regulation(s) its byelaw, for the smooth running of its internal affairs provided that:


Page 30

19.2 All elected officers shall hold whatever office for a maximum of two consecutive terms at one organ of the Association.

19.3 An officer may seek election into a different organ after two consecutive terms at one organ. The organs of the Association are as stated in Rule 11.1.

19.4 Zonal Chairmen and Secretaries who have completed two consecutive enures as members of the CWC shall not seek re-election into the CWC except after the expiration of one tenure.

19.5 Any elected officer who has served two consecutive tenures at one organ can only be eligible for re-election into that organ after the expiration of one tenure.

20.0 CONFERENCES & MEETINGS GUIDELINES

20.1 National Executive Council (NEC)

20.1.1 The National Executive Council (NEC) shall meet at least two times in a year.

20.1.2 The Venue and Date of the meetings shall be determined by the CWC.

20.1.3 Emergency meetings of the NEC may be convened as situation may necessitate.

20.1.4 An Emergency meeting of NEC may be convened at the instance of CWC or by a resolution to that effect by Branch Executive Committees of at least two third of all the Branches of the Association.

20.1.5 The General Secretary shall within the minimum of 14 days before the meeting forward to members, a Notice of Meeting which shall also include the agenda for the meeting.

20.2 Central Working Committee (CWC)

20.2.1 The CWC shall meet at least once in a quarter


Page 26

(I) Such Branch administrative regulation(s) do not contradict, derogate or is inconsistent with the provisions of this Constitution or the extant labour laws of the Federal Republic of Nigeria.

(ii) Where a Branch administrative regulation(s) contradicts, derogates or is inconsistent with any provision(s) of this Constitution, such contradiction(s), derogation(s) or inconsistency shall be null and void, and of no effect and the provision(s) of this Constitution shall supersede.

(iii) No administrative regulation(s) of a Branch shall preclude the National Executive Council or the Central Working Committee of the Association from exercising authority over the Branch or members of the Association in that Branch.

(iv) The Rules and Regulations so contemplated by a Branch shall be applicable only after National Secretariat has approved such rules and regulations.

16.4 The rules and regulation so contemplated by any branch shall be restricted to those which shall clearly recognize as peculiar to the internal affairs of the branch without restating the subtitling provisions of the Association's constitution and must be approved by the General Secretary.

16.5.0 BRANCH EXECUTIVE COUNCIL (BECOM)

Branch Executive Council shall comprise of the followings:i. All BECOM membersii. All Chapter Chairmen and Secretariesiii. All Unit representatives (where applicable)iv. National and Zonal Officers from the Branch

16.5.1 BRANCH EXECUTIVE COUNCIL (BEC)

Branch Executive Council shall comprise the followings:I. All BECOM membersii. All Chapter Chairmen and Secretaries where applicable


Page 29

17.5 For effective running of a Chapter with membership that are at various locations within a Zone, t

Documents

THE CONSTITUTION - Shell Branch Pengassanpengassanshellbranch.com/pdf/CONSTITUTION_2013.pdf · provision(s) of the Constitution of the Federal Republic of Nigeria, or any enactment