Disciplinary proceedings

This forms Appendix C of the rule book.

Complaints alleging that a member (herein after referred to as the respondent) has behaved in a manner detrimental to the interest of the union or of the profession of journalism or in breach of the membership responsibilities may be instituted directly by the NEC, by a chapel or by any member (herein after referred to as the complainant). Complaints alleging that a member has behaved in a manner which is in breach of the Union's guidelines on bullying and harassment (Appendix F) shall be made direct to the NEC which shall deal with such complaints in accordance with a special protocol agreed by NEC for such purposes. Such complains may be laid by any member of the union regardless of whether they are directly involved in the matter complained of.
Complaints laid directly by the NEC shall be heard by a panel made up of no fewer than five chairs of industrial or other executive councils who are not also members of the NEC, any three of whom may form the complaint committee. Where fewer than five chairs of industrial/executive councils are available for selection, vice chairs may be selected in their place. Such panels shall be selected through consultation among the chairs of the industrial and executive councils. The panel shall be serviced by an official of the union selected by the General Secretary.
A complaint laid by resolution of a chapel, shall remain the property of the chapel, which shall elect a representative to handle the complaint.
For individually laid and chapel complaints, it shall be the duty of the complainant's branch to decide whether a case has been made out for examination by the NEC, unless the respondent is a member of another branch.
If the respondent is a member of another branch the General Secretary shall be notified by the complainants' branch and s/he will endeavour to select a neutral branch to decide whether a case has been made out for examination by the NEC.
Complaints about the work or behaviour of union members or about the conduct of candidates in union elections which, in the complainants' view, contravene the code of conduct, shall be made direct by branches or union members to the Ethics Council which shall deal with all such complaints.
Complaints alleging that a member has behaved in a manner detrimental to the interests of the union or of the profession of journalism shall be dealt with by the NEC or at its discretion by a complaints committee of NEC, IEC, SEC or WEC.
No member may sit on a complaints committee if his/her electoral constituency coincides with that of the complainant or the respondent. The NEC shall take reasonable steps to ensure the complaints panel has a range of sexual and racial representation.
In any case in which the NEC decides to lay a complaint against any member, that member's branch shall be informed within seven days of that decision.
The NEC, or a complaints committee on its behalf, may call to appear before it any member or group of members who it is alleged have disobeyed an instruction under the rules concerning employment disputes and maintenance of wage rates.
No action shall be taken against any member unless that member has been given an opportunity to defend himself/herself, as detailed in this appendix.
The payment of reasonable expenses which any person incurs in attending a disciplinary hearing or appeal under these rules may be made at the sole discretion of the NEC.
Procedure for dealing with complaints against members for alleged conduct detrimental to the interests of the union
1. Every effort will be made to ensure that every stage of these proceedings is conducted in accordance with the principles of natural justice and members of the NEC, Ethics Council and the Appeals Tribunal hearing complaints and appeals should receive appropriate training on equal opportunities and conciliation and dispute resolution.
2. A complaint against a member shall be submitted in writing to the complainant's branch secretary.
3. That branch secretary shall send a copy of the complaint to respondent giving at least 14 days' notice in writing of a hearing of the complaint before the branch or a committee appointed by the branch for this purpose.
4. In the case of a respondent who is a member of a different branch to the complainant, the secretary of the complainant's branch shall inform the General Secretary of the complaint who will deal with the complaint in accordance with paragraph 4.
5. A complaint will be considered within 10 weeks of the date of receipt by the branch secretary, in default of which the complaint shall lapse.
6. The secretary of the branch hearing the case shall invite written depositions from the complainant, respondent, witnesses and any other relevant parties. On consideration of these written depositions a decision will be taken as to whether or not a case has been made out for examination by the NEC.
7. If the branch or committee hearing the complaint decides there is a case to answer, the complaint shall be forwarded, with the written depositions and an account of the hearing, to the General Secretary for investigation by the NEC. If the decision is that there is no case to answer, the depositions and an account of the hearing of the complaint shall still be sent to the General Secretary.
8. The branch secretary shall notify the parties of the decision in writing.
9. A complainant shall have the right to appeal to the NEC should the branch resolve that there is no case to answer.
10. Upon receipt of a branch decision, the NEC shall take such action as it deems appropriate, including attempts to bring about a conciliation of the parties to the complaint. Even if the complaint has been laid by the NEC, the NEC may still attempt to settle the issue by conciliation.
11. Should conciliation attempts fail, the NEC may decide to hold a formal hearing of the complaint.
12. Every effort should be made to fix a hearing date that is convenient to all the parties involved. Should no such suitable date be found within the time limits laid down by this appendix, or should the panel believe that no date will be agreeable because either party is attempting to avoid a hearing then the hearing may proceed on the basis of the written depositions and such witnesses as may be called.
13. Fourteen days' notice of a hearing including the date, time and place of the hearing together with the written depositions and account of the hearing (as presented to the NEC) shall be given in writing by recorded delivery post (or by registered post in the Republic of Ireland) to the complainant and the respondent at their last known addresses.
14. The parties to the complaint shall inform the NEC of any witnesses they intend to call at least seven days before the hearing.
15. The complainant or the respondent may present his/her own case, or be represented by a person of his/her own choice at the hearing.
16. The union will not be responsible for any costs incurred by either the complainant or the respondent in respect of representation.
17. The branch that initially heard the complaint and the respondent's branch shall each be entitled to be represented by a member at the hearing.
18. The hearing shall be open to all members of the union to attend on production of his/her membership card, but he/she shall take no part in the proceedings and shall be bound by the confidentiality of the hearing if applicable.
The normal procedure for the hearing shall be as follows, subject to any additional provision that may be considered desirable:
1. The Complaints committee shall elect a chair from amongst its number to keep good order and ensure the proceedings adhere to the principles of natural justice.
2. The complainant and the respondent shall state the substance of his/her case in writing and be allowed to add to it orally and question each other.
3. Witnesses may be called and questioned by the parties or the complaints panel.
4. (iv) The parties shall conclude their submissions by making any further statements in extenuation or clarification but shall not introduce new evidence.
5. The complainant shall speak first and the respondent last.
6. The complaints panel may also require the General Secretary or person acting with his or her authority to summon such other witnesses they desire to hear.
7. The complaint committee's findings and any subsequent recommendations, signed by the chair of the complaint committee, shall be reported to the NEC for confirmation or variation.
8. The NEC shall inform all parties to the procedure of its decision as soon as possible after its meeting.
9. The respondent shall have the right to appeal any finding of guilt or penalty to the Appeals Tribunal.
10. Complainants who believe that the penalty levied is too lenient; or that the procedure was not followed as laid down by these rules shall have the right to appeal the penalty to the Appeals Tribunal.
11. Notice of appeal shall be given in writing to the General Secretary within 21 days of the notification of the NEC's decision to the complainant or the respondent.
12. The adjudication by the NEC of any complaint shall be made within six months of the decision of a branch to hear the complaint or, in the case of a complaint laid by the NEC, within four months of the NEC's decision to lay the complaint – in default of which the complaint shall lapse, save that where a court of law instructs the union to halt disciplinary proceedings or the hearing of a complaint while court action is pending, the time limits set out shall be suspended for the relevant period.
Procedure for dealing with complaints against members for alleged breaches of the code of conduct
1. Every effort should be made to ensure that every stage of these proceedings is conducted in accordance with the principles of natural justice.
2. Before initiating a formal hearing of a complaint against a member for an alleged breach of the union's code of conduct, the Ethics Council will consider whether the issue can be resolved by conciliation. Where appropriate, the Ethics Council may seek to bring about conciliation between the parties at any point and to raise the issues in an educational way.
3. The Ethics Council shall also have the power to decide that the code of conduct is best promoted by resolving issues raised in complaints by educative means rather than by initiating complaints proceedings. If it so decides, the Ethics Council shall seek – but need not require – the co-operation of the person laying the complaint.
4. The Ethics Council, or a complaints panel appointed by it, shall consider any complaint referred to it and decide whether to make a full investigation of each complaint. In circumstances where it decides there is no case to answer, it shall provide reasons for this decision to the complainant. Only in circumstances where conciliation has failed, or is deemed inappropriate, and the matter is considered sufficiently serious by the Ethics Council, should it proceed to call a hearing to determine the culpability or otherwise of NUJ members complained against.
5. The Ethics Council, or its complaints panel, shall be empowered to call for evidence from any source to enable it to make such an assessment.
6. The Ethics Council shall provide to the member complained against details of the complaint and the date, time and place of the hearing, in writing. 21 days' notice of such hearings shall be sent by recorded delivery post (or registered post in the Republic of Ireland) to the member concerned at his/her last known address.
7. If a party fails to attend or submit evidence, the Ethics Council may nevertheless consider and decide upon the complaint.
8. The Ethics Council may call whatever evidence it regards as relevant.
9. The Ethics Council shall give the member concerned the opportunity to reply to the charges. Such member may present his/her own case or be represented by a person of his/her choice;
10. Any expenditure incurred by a member in respect of representation is not the responsibility of the Union.
11. In the case of a complaint about an article or report which is not bylined or which carries a house byline, the Ethics Council may require the F/MoC of the chapel or chapels to which the members employed by the publication belong, to inform the Ethics Council of the identity of the member or members responsible for the article as published, or to satisfy the Ethics Council that he/she has made adequate attempts to discover such identities but has failed.
12. If a member or members accused of a breach of the code of conduct advances as a defence that the material which is the subject of complaint was altered by other members, the F/MoC of such member or members shall upon the demand of the Ethics Council, inform it of the identity of the members responsible, or satisfy the Ethics Council that he/she has made adequate attempts to discover the identities but has failed.
The normal procedure for the hearing shall be as follows, subject to any additional provision which may be considered desirable:
1. The quorum for hearing a complaint shall be three, of whom no more than one may be a nominee of the Equality Council or the Black Members' Council.
2. The complainant and the respondent shall state the substance of his/her case in writing and be allowed to add to it orally and question each other.
3. Witnesses may be called and questioned by the parties or the Ethics Council
4. Where there are more than two parties, each party shall similarly state his/her case, and, may be questioned by the other parties.
5. The parties shall conclude their submissions by making any further statements in extenuation or clarification but shall not introduce new evidence. The complainant shall speak first and the respondent last.
6. The Ethics Council may also require the General Secretary or person acting with his authority to summon any other witnesses they desire to hear.
7. The Ethics Council's report of its findings and any subsequent recommendations, signed by the chair, shall be reported to the NEC for confirmation or variation.
8. Where the Ethics Council is of the opinion that a member is guilty of a breach of the code of conduct it may deliver a reprimand and/or recommend to the NEC that one or more of the penalties specified in Rule 24 be imposed. The NEC may, on receipt of a recommendation from the Ethics Council, impose one or more of the penalties specified in Rule 24.
9. The NEC shall inform all parties to the procedure of its decision as soon as possible after its meeting.
10. The respondent shall have the right to appeal a finding of guilt or penalty to the Appeals Tribunal.
11. Complainants who believe that the penalty levied is too lenient or that the procedure was not followed as laid down by these rules shall have the right to appeal the penalty to the Appeals Tribunal.
12. Notice of appeal shall be given in writing to the General Secretary within 21 days of the notification of the NEC's decision to the complainant or the respondent.
13. All complaints laid before the Ethics Council shall be completed within six months of the date of the next scheduled Ethics Council meeting following receipt of the complaint by the servicing official of the Ethics Council or, in the case of information being sought from chapel officers, six months of the date when the identity of the person or persons responsible has been obtained, save that where a court of law instructs the union to stop disciplinary hearings or the hearing of a complaint while court action is pending, this time limit shall be suspended for the relevant period.