16 | telegraph | nautilusint.org | May 2014
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Could rule changes lose us members? Meeting to be held in RotP terdam on 19 June.
I am writing about the Rules
Pictured, left to right: Cdr Stuart Aiken, Jackie Hunt, Georgie Hibberd, Derek Bristow, Lt Cdr Karen Kristiansen, MMW chairman Robin Ebsworth,
Merchant Mariners of Wight give out £1,200 in awards Wight (MMW) held their AGM C and monthly luncheon on 21 March, The Merchant Mariners of
followed by the Tony McGinnity Memorial Award presentations. This year the awards were £500 each to the Sea Cadet units of Cowes and Ryde, TS Osborne and TS Royal George, and £200 to the Federation of Merchant Mariners. Also present was Lt Cdr (SCC) Karen Kristiansen RNR, central district officer, Sea Cadets.
The awards were presented by Mrs Georgie Hibberd, long-term partner of Mr McGinnity, received by Jackie Hunt, vice-chair TS Osborne, Cdr Stuart Aiken RN Rtd, chairman TS Royal George, and Derek Bristow, chief executive of the Federation of Merchant Mariners. The Tony McGinnity Memorial Fund is the result of fundraising activities by the members of the MMW throughout the year. TED SANDLE
Have your say online Last month we asked: Do you think Lloyd’s Register is right to suggest that heavy fuel oil will still be the main fuel for shipping in 2030?
Yes 77% No 23%
This month’s poll asks: Is the shipping industry ready for the Ballast Water Management Convention? Give us your views online, at nautilusint.org.
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While some of the proposed changes to the Rules could be seen as being routine ‘good housekeeping’, others would move us towards becoming a less democratic and, probably, even smaller Union. None of them are in response to an urgent need. Restricting membership to maritime professionals who are ‘employed or engaged by employers operating exclusively or mainly in the maritime industry’ rather than, as now, all maritime professionals is an unnecessary change which would cause problems. Many maritime professionals — including some surveyors (eg, those employed by Bureau Veritas) and maritime lawyers — would not be eligible for full membership. There may even be some seagoing members who would no longer be eligible (eg, those employed by the MoD). It is true that Council would be able to use its discretion to allow membership to others who do not meet the eligibility test. But relying on discretionary powers is unsatisfactory, almost certainly would appear discriminatory and is simply not good practice. This change would lose us members. It would be far better to continue to allow in all maritime professionals. This proposal is completely baffling. Why should we want to do it? Turning to the proposed change to Rule 22, this would mean that Union officials could only stand for election as general secretary if nominated by Council — and Council can only nominate one candidate. The effect would be to make the position of the incumbent general secretary even more secure than it now is. More importantly, this proposed change would be highly undemocratic because Union officials are allowed membership precisely so that they can take part in the democratic processes of the Union. Their own interests as employees of Nautilus are looked after by a separate union. It would be quite logical, though not in my view desirable, to say all Union officials cannot be Nautilus members. But if they are to be members they should be able to stand for election as general secretary, if supported by the required number of full members. This is not only a matter of the individual rights of the officials but also of the rest of the membership who should
have the right to support who they believe to be the best candidate. Then there are the changes concerning the expulsion or disciplining of members. The new wording seems to give the Executive Committee a bigger role. The expulsion of members is such a serious measure to take that, surely, it should be the direct responsibility of Council. Also the construction of the rule change is fundamentally flawed. The proposed new version of Rule 25.4 allows for the suspension of members who are ‘under investigation under Rule 25’. But there would no longer be any authority, under the proposed new Rule 25, to conduct an investigation. Again, investigating a member is a very serious matter and the Rules should be absolutely clear as to when this can happen. So the proposed Rule changes should be of considerable concern to members. With that in mind, can the general secretary please explain what action he is taking to ensure attendees at the important Rules Meeting in Rotterdam will be truly representative of the membership as a whole, as required by Rule 19? None of these rule changes are so urgent that they could not wait until the 2015 General Meeting. Why the haste? And why are important rule changes being considered at a meeting that is inconvenient for the majority of the membership to attend? But given that this meeting has been called, I urge all members who are able to attend to do so. DAVID HUGHES Mem no 124844
P Assistant general secretary Mike Jess replies: The Council has called the RGM to do the exact opposite of what Mr Hughes claims. The changes will in fact make the Union more democratic and responsible to, and empowered by, the vast majority of full members who are engaged in the maritime industries, at sea, ashore or working afloat in the inland waterways sector, etc. Maritime professionals working ashore will remain or can become full members. What the change to Rule 3 means is that someone (perhaps who was originally at sea) cannot continue or join when they are not now working as a maritime professional. For example, someone who was a full member leaves the sea and joins a financial advice company and seeks to stay
a full member and then seek election to the Council. Who does such a person represent? Not members in the maritime industry. The Rules have been clear for decades that such a person can become an associate member, but that is a class without the right to be involved in the direct democratic structure of the Union. Mr Hughes makes a misconceived assertion that the change would mean that some seagoing officers could not be members. This is simply not correct. The existing Rule has been interpreted by the Council in the way proposed in the new Rule since 2012 and Mr Hughes will not find a single example to justify his claim. He states ‘Why would we want to do it?’ The answer is to protect the democratic rights of maritime professionals working in the maritime industry. Regarding Rule 22, Mr Hughes states that ‘…Union officials are allowed membership precisely so that they can take part in the democratic processes of the Union’. Again the opposite is the case. Up until the 1980s the Council contained many full-time officials — sometimes a majority. The Rules were then changed — by members — to restrict the numbers so that only maritime professionals controlled their Union. In fact for many years the Rules have explicitly prohibited Union employees from standing for election to the Council. The proposed change does not make the ‘...position of the incumbent general secretary even more secure…’. Any full member, who is a maritime professional but not employed by the Union can stand for election as GS with the support of other full members. This principle has been enshrined in the Rules for decades. Employees of the Union are given the explicit right to seek the nomination of the Council which, if successful, may actually be detrimental to an incumbent GS seeking re-election. This proposal is compliant with trade union legislation. Regarding Rule 25, the Rules have, for many decades, provided that the Council or the Executive Committee deal with the very rare cases (less than a handful in the history of the Union) which might lead to the expulsion of a member of the Union. The new Rule follows the rules of natural justice and the relevant laws. The details which Mr Hughes claims
are missing will be covered by Regulations as laid down in the new Rule 25.6. This brings the Rule in line with the other rules so that the main principles are in the rules and the detailed procedures etc are in Regulations. With regard to the arrangements for the RGM, this is being held in conjunction with a Council meeting, which has happened several times before. Why now? Because elections will be underway this summer! The fact that it is being held in Rotterdam reflects the fact that Nautilus has been Nautilus International for some years now and the Council and General Meetings have been held in the UK and NL and indeed may in due course be held in Switzerland. Under Rule 19 the Council determines ‘...from time to time…’ the numbers and composition of potential attendees to General Meetings. Those full members who attend will be slotted into the appropriate category.
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