US Luxembourg

USL Presentation

Breakdown of powers and responsibilities between

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the Staff Committee and

the trade unions and professional associations (OSP)

STAFF COMMITTEE: WHY? FOR WHOM? HOW?

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Take your future in your hands

In European institutions and bodies, as in national establishments, officials, other staff and those in retirement have set up trade unions in order better to defend their collective interest.

  • The specific nature of the Staff Regulations which applies to them has prompted them to form unions geared to counterbalance their employer, namely the European Community.

  • Union Syndicale (US) – a European civil service union with a presence in all the institutions, bodies and other European or international organisations – is in solidarity and collaborates with national unions; in Luxembourg, that means, in particular, with OGB-L.

  • The most important decisions which affect us, those determining our Staff Regulations, that is to say our conditions of employment, pay and pensions, are taken by the Council of the Union. Ultimately, our employer are the Member States.

  • However, in that legislative process, the European Commission plays an important institutional role: it holds the right of initiative.

  • Trade unions and staff associations (in Community jargon: OSPs) are recognised as interlocutors of the institutions with regard to amendments to the Staff Regulations and conditions of employment in general.

  • Negotiating without being capable of mobilising staff is indulging in theory. Mobilising staff without being capable of negotiating is agitation. Union Syndicale can both negotiate and mobilise. It is the combination of the two which makes it effective.

  • In order to implement the Staff Regulations, each institution adopts general implementing provisions. Here again, your representatives must be capable of negotiating to defend balanced and consistent positions.

  • Moreover, each one of us, in the institution or body in which we work, is subject to line management and authorities which take decisions affecting us individually.

  • Union Syndicale keeps you informed, advises you and provides you with legal defence, involving the services of a lawyer.

  • Be it collectively or individually, the US is able to protect you in a responsible and consistent manner, as it has shown on many occasions.

  • However, its effectiveness depends also on its ‘representativeness’, which you can help by joining it.

  • In each institution or body, there is a Staff Committee and a number of joint committees. Together they constitute statutory staff representation.

  • By virtue of the Staff Regulations, you are represented as of right by this set of bodies. However, the Staff Committee is neither of the same nature nor plays the same role as trade unions.

  • It is, of course, in your interest that your Staff Committee should function in the best way possible, in harmony – rather than in conflict – with the union representatives of your choice.

  • A strong US also means a strong Staff Committee which commands respect in your institution.

  • US is an association which was freely set up by its founders. It continues to rely on the free will of its members who decide to join it and who commit themselves to ensuring that it works.

  • It functions on democratic principles. Its members elect the union bodies which are committed to its day-to-day running:
UNION SYNDICALE
LUXEMBOURG - EUROPEAN CIVIL SERVICE


Union Members elect and, jointly in a
General Meeting, set the broad lines of Union action

  • Auditing Commission (3 Members)
  • Executive Committee (15 Members)
  • Delegations

    • Commission
    • EUR-OP
    • Parliament
    • Court of Justice
    • Court of Auditors
    • Translation Cntr
    • pensioners
  • the Members of all Delegations jointly = Union Council
  • Union Syndicale is proud of its independence, which results from relying on its own resources, i.e. the membership fees paid by its members. Furthermore, by relying on its ‘representativeness’, it may obtain from the institutions additional means.

  • In order to ensure that their action is consistent, the various union bodies – at the institution’s or body’s level, at the level of the place of employment or above that (at the federal level) – must coordinate between themselves.

  • At the highest level, that coordination is taken care of by Union Syndicale Fédérale (USF):


 


  • We invite you to join us in Union Syndicale. Its effectiveness also depends on your participation.

USL Constitution

Art. 1 : Name and registered office
Art. 2 : Basic rules
Art. 3 : Purposes and aims
Art. 4 : Minimum number of members
Art. 5 : Names and addresses of the founder members
Art. 6 : Admission, expulsion and resignation
Art. 7 : Constituent bodies of the union
Art. 8 : The general assembly
Art. 9 : Arrangements for decision-making by the General Assembly
Art.10 : The executive committee
Art.11 : The union council
Art.12 : Delegations
Art.13 : Subscriptions
Art.14 : Method of accounting, auditing and discharge
Art.15 : Procedure to be followed for amendment of the constitution
Art.16 : Dissolution of the union and application of the funds
Art.17 : Reference to the law
Art.18 : Rules
Art.19 : Final provisions


Article 1 : Name and registered office

  1. The association will be named UNION SYNDICALE LUXEMBOURG.
  2. The headquarters of the association is at 227, Val des Bons-Malades, L-2121 LUXEMBOURG. It may be moved by an ordinary decision of the Executive Committee.


Article 2 : Basic rules

  1. The union shall be independant of all national, European and international institutions, of governments, administrations, political parties and religious or philosophical movements.
  2. The union shall guarantee and respect the right of its members to hold any religions, philosophical or political views.
  3. The organisation of the union and the definition of its activities shall be based on the principle of free discussion with due regard for this constitution and democratic practices.
  4. The union, in application of this constitution and in accordance with the conditions stated therein, shall accept responsibility for actions undertaken or executed by its constituent bodies and by any members.
  5. It shall protect and defend each member acting in his/her capacity as a member of the union.


Article 3 : Purposes and aims

  1. The purpose of the union shall be to bring together officials and other servants, in active employment or retirement, of European bodies or international institutions based in the Grand Duchy of Luxembourg in order to defend their professional interests and improve their general working conditions.
  2. The main of the union shall be:
  • To safeguard the position of the European public service and to defend its independence in order to ensure that the objectives of European integration shall be achieved.
  • To participate, by way of free negotiation, in determining the material working conditions and general conditions of employment of its members.
  • To improve the structures and working methods of European bodies and institutions.


Article 4 : Minimum number of members

The minimum number of members required by the union shall be one hundred (100).

Article 5 : Names and addresses of the founder members

M. Max METGE 28, rue J.-P. Brasseur L - 1258 LUXEMBOURG
M. Luigi RONCHI 14, rue Batty-Weber L - 2716 LUXEMBOURG
M. Heinz KLITZ 35, rue Père-Conrad L - 1353 HOWALD
M. F.A. BODE 35, avenue Alphonse-München L - 2172 LUXEMBOURG
M. Fernand CARRÉ 58, rue de Strassen, L - 8094 BERTRANGE
M. P.-H. GOOSSENS 6, rue de Mersch L - 7410 ANGELSBERG
M. Werner HORN 37, rue Père-Conrad L - 1353 HOWALD
M. Georges LUDOVICI 29, avenue Alphonse-München L - 2172 LUXEMBOURG
Mlle E. RITTWEGER 5, Val-des-Roses L - 8045 STRASSEN
M. Jacques THONON 1, Cité Saint-Hubert-au-Bois, L - BRIDEL
M. François ESPOSITO 11, rue des Romains L - 8041 STRASSEN
M. Giorgio BERNARDI 5, rue Eugène-Welter L - 2723 HOWALD
M. Heinz RUDOLPH 8, avenue Monterey L - 2163 LUXEMBOURG
Mlle Simone JANTON 7, rue Nicolas-Welter L - 2740 LUXEMBOURG


Article 6 : Amission, expulsion and resignation

  1. Any official or other servant, in active employment or in retirement, of the European bodies or international institutions based in the Grand-Duchy of Luxembourg may apply to be admitted to the union.
  2. In order to join the union, an application should be made in writing, such application implying acceptance of the Constitution and the rules. Decisions on admission shall be taken by the Executive Committee. If an application is rejected by the Executive Committee, the applicant may appeal against this decision to the Union Council. Such an appeal can be rejected only by a majority of the members of the Union Council and the item must be expressly mentioned on its agenda. There shall be no appeal against the decision of the Union Council.
  3. A member of the union may resign at any time by notifying the Executive Committee in writing.
  4. Members may be excluded from the association if they cause serious harm to the interests of the association in any way. Starting from the date of the proposal for exclusion formulated by the Executive Committee, until the definitive decision by the General Assembly adopted by a two-thirds majority of votes, the member whose exclusion is being considered shall be suspended by operation of law from their trade union functions.
  5. Resigning or excluded members cannot cause prejudice to the existence of the association, and cannot assert any right to its assets, nor to its name, nor to the membership dues paid.


Article 7 : Constituent bodies of the union

The constituent bodies of the union shall be

- the General Assembly;
- the Executive Committee;
- the Union Council;
- the Delegations;
- the Control Commission.


Article 8 : The general assembly

  1. The General Assembly shall be the highest ranking body of the union and shall be responsible for upholding its Constitution and Rules.
  2. The General Assembly shall be composed of all the members of the union.
  3. The main duties and functions of the General Assembly shall be:

    1. To discuss and adopt the Executive Committee’s Annual Report;
    2. To discuss the Executive Committee’s financial Report;
    3. To discuss the report of the Control Commission and give discharge;
    4. To vote on motions and resolutions submitted to it as part of the agenda;
    5. To define the lines of union policy;
    6. To select members to the Control Commission;
    7. To decide the amount of the union subscription, its form and method of collection;
    8. To discuss and vote on the union’s affiliation (external relations);
    9. To amend the Constitution as provided for in Article 14 and also to amend the rules.
  4. The General Assembly must vote on:
    • amendment of the Constitution;
    • nomination and dismissal of union officers;
    • approval of the budgets and accounts; and
    • dissolution of the association.
  5. The general meeting is convened by the Executive Committee regularly once per year and, in extraordinary session at any time that the interests of the association require it, or one-fifth of the members request it in writing to the Executive Committee. It may also meet by a decision of the union council adopted by an absolute majority of its actual members or on written request by thirty members if one-fifth of the union membership is a number greater than thirty.

  6. The invitations will be sent out at least a fortnight before the date set for the General Assembly, by ordinary letter or e-mail which must contain the proposed agenda. The period of notice for a meeting in duly stated urgent circumstances is three clear days.


Article 9 : Arrangements for decision-making by the General Assembly

  1. In the absence of provisions to the contrary in the present Constitution and Rules, decisions of the General Assembly shall be taken by a majority of the votes cast. In the event of a tie, the motion shall be lost.
  2. In counting votes, only votes for and against shall be taken into account when calculating a majority
  3. Voting shall be by show of hands, except in the case of appointments, when voting msute be by secret ballot
  4. Members are allowed to arrange to be represented at the General Assembly by another member. However, a member may not arrange to be represented by a third party.
  5. In the case of a secret ballot for appointment, only those votes bearing the names of candidates announced before the beginning of the voting shall be valid.
  6. Decisions adopted by general assemblies are published and notified to the membership by minutes, and to third parties by appropriate means of communication.


Article 10 : The executive committee

  1. Membership of the Executive Committee
    The Executive Committee consists of fifteen (15) members, including the President, Vice-President, General Secretary and Treasurer.
  2. Election Procedure
    The outgoing Executive Committee shall invite nominations at the end of its term of office or in any situation requiring the replacement of its members. The list of candidates shall be submitted to the General Assembly. Elections shall be by postal ballot. The Control Commission and the tellers appointed by the Bureau of the General Assembly shall be responsible for the public counting of vots.
  1. Duties and Functions
    The Executive Committee shall be responsible for implementing the directives drawn up by the General Assembly and for the union’s business in the period between two ordinary General Assemblies. It alone shall represent the union in its dealings with its members or with other bodies and in any legal processes.


Article 11 : The union council

  1. The Union Council consists of members of delegations with a mandate for this membership. The purpose of the Union Council shall be to assist and to advise the Executive Committee in the execution of its duties and to ensure liaison between it and the members.
  1. Its duties and functions and all procedures relating to its activities are defined in the Rules.


Article 12 : Delegations

  1. Delegations are the representative body of particular constituency of members, i.e. all the members in an institution or a European or international body, or retired members.
  2. They act in agreement with the Executive Committee. Their tasks and duties and all the procedures relating to their activities are defined in the Rules.


Article 13 : Subscriptions

  1. The maximum amount of Annual membership dues is three hundred (300) euro.
  2. The form, amount and method of collection of the subscriptions shall be laid down by the General Assembly.


Article 14 : Method of accounting, auditing and discharge

  1. The Executive Committee shall submit annually for the approval of the General Assembly its activity report, the accounts for the past financial year and the budget for the next financial year. The budget exercise starts on 1 January each year. The accounts are closed on 31 December and submitted to the General Assembly with the report of the Audit Committee designated by the General Assembly. The mandate of member of the Audit Committee is incompatible with that of a current union officer.
  2. The Control Commission shall:
    • Examine at regular intervals the treasurer’s vouchers and books and the annual Financial Report of the Executive Committee;
    • Ensure proper accounting procedures and good financial management;
    • Supervise, on its own initiative, the Treasurer and his accounts;
    • Advise the Executive Committee on the management of union funds;
    • Approve the Executive Committee’s Financial Report, making any comment which its thinks necessary;
    • Receive any objections relating to the management of union funds or accrued capital and bring them to the notice of the Executive Committee.
    • Make recommendations to the General Assembly concerning discharge.
  3. After discussion of the Financial Report by the Executive Committee and scrutiny of the report by the Audit Committee, the General Assembly proceeds with approval of the budget and the accounts, and grants discharge to the Treasurer.


Article 15 : Procedure to be followed for amendment of the constitution

  1. Any draft revision of this Constitution must, on a proposal of the Union Council, first be made known to the members in writing and be expressly mentioned on the agenda of the General Assembly at which two-thirds of the members must be present. Should this quorum not be reached, the General Assembly shall be convened again automatically within one week, without any condition concerning a quorum.
  2. Amendments shall only be adopted provided they receive a majority of two-thirds of the votes cast.


Article 16: Dissolution of the union and application of the funds

  1. A decision to dissolve the union shall only be taken at a General Assembly at which two-thirds of the members of the union are present. Should this quorum not be reached, the General Assembly shall be convened again automatically within one week, without any condition concerning a quorum.
  2. A vote in favour of dissolution shall require a two-thirds majority of the members present.
  3. In the event of dissolution, the General Assembly shall decide, by an absolute majority of the members present, to what use the union’s capital should be applied.
  4. In any case, the assets of the liquidated association will be allocated to an organisation with similar aims.


Article 17: Reference to the law

For all matters not governed by this Constitution, reference is to be made to the Law of 21 April 1928 on non-profit associations, as amended.


Article 18 : Rules

The accompanying rules shall apply to this Constitution and shall lay down the arrangements for application.



Article 19 : Final provisions

This Constitution supersedes and replaces the Constitution of 15 March 1977 and amendments of 21 February 1989 and 10 November 2015. It was amended on 20 February 2017 and shall enter into force immediately, in its amended form. It shall be communicated to the Presidents and the appointing authorities of European institution and bodies and international institutions based in the Grand Duchy of Luxembourg.

CONSIDERED AND AGREED BY THE EXTRAORDINARY GENERAL ASSEMBLY AT ITS MEETING ON 20 FEBRUARY 2017 IN LUXEMBOURG

USL Rules

Art. 1: Purpose and aim
Art. 2 : Groups and affiliations
Art. 3 : Rights of members
Art. 4 : Duties of members
Art. 5 : Resources and dues
Art. 6 : Union organs
Art. 7: The General Assembly
Art. 8 : Procedure for elections to the statutory organs
Art. 9 : The executive committee
Art.10 : The Bureau
Art.11 : The Trade Union Council
Art.12 : Delegations
Art.13 : The Audit Committee
Art.14 : Strike
Art.15 : Loss of the capacity of member of the union
Art.16 : Disciplinary procedure
Art.17 : Expulsion of a member from a statutory organ
Art.18 : Civil liability
Art.19 : Procedure to be followed to amend the rules
Art.20 : Final clause


Article 1 - Purpose and aim

These rules explain in detail the constitution of Union Syndicale Luxembourg, published in Mémorial, no. 102 (Special Compilation C) of 8 May 1977, then amended at the Extraordinary General Assembly of 21 February 1989, then at the General Assembly of 3 June 2002, then at the General Assembly of 23 January 2007 and set out the implementing arrangements.



Article 2 - Groups and affiliations

1. Any proposal concerning the affiliation of the union shall be submitted to the General Assembly. To be adopted, it must receive a majority of two-thirds of the votes cast.

2. The Executive Committee may, with a view to upholding shared interests and to strengthen the solidarity and unity of all the staff, set up inter-union action committees or enter into an agreement with professional organisations whose representativeness and democratic principles it recognises.



Article 3 - Rights of members

Members’ rights include the following:

1. For any questions relating to his/her professional status, any member may receive information from the union's legal adviser. In case of need, legal aid may be granted by the Executive Committee, which shall decide on a case by case basis about the nature and extent of that assistance.

2. In the event of death of a member of the union, the surviving spouse, subject to his/her agreement, will become a member of the union. In this capacity, the benefits mentioned in paragraph 1 of these rules are granted to him/her as well as the member's orphans.

3. The Executive Committee is empowered to grant, by a two-thirds majority vote of its members, the capacity of honorary member to former employees of the Community and international institutions and bodies located in the Grand Duchy of Luxembourg, and deserving of this title for services rendered to the union.



Article 4 - Duties of members

Members’ duties include the following:

1. Every member undertakes to defend the interests of the union and participate actively in achieving its statutory objectives and implementing the decisions of the trade union's organs. Members are bound by the decisions of trade union's organs.

2. Every member has the duty to pay union dues regularly.

3. In the event of the death of a member of the union, the surviving spouse who has become a member under the terms of Article 3 paragraph 2 of these rules may be exempted from payment of dues under conditions set by the Executive Committee.



Article 5 - Resources and dues

1. The resources of the union consist of members' dues, donations, bequests and other receipts.

2. The General Assembly sets the amount of membership dues, based on a proposal from the Executive Committee, as well as the form and method of collection of dues.



Article 6 - Union organs

The organs of the union are:

· the General Assembly;
· the Executive Committee;
· the union council;
· the delegations;
· the Audit Committee.


Article 7 - The General Assembly

Meetings of the General Assembly are held in principle during working hours.

1. Bureau and chairmanship:
 
a) the General Assembly elects its bureau, consisting of a chairman/woman, deputy chairman/woman an secretary;

b) the chairman/woman does not have a casting vote. He/she ensures that order is maintained during the meeting;

c) the chairman/woman opens the meeting and calls on the speakers in the order in which they were registered. On his/her proposal, the assembly may limit speaking time;

d) the chairman/woman declares the discussions closed, puts matters to the vote, receives ballot papers and announces the result of votes;

e) I. in the event of a secret ballot, the bureau of the meeting appoints a panel of scrutineers, consisting of at least three members. If the vote concerns a personal appointment, the scrutineers must not be candidates.
   II. the panel of scrutineers takes its decisions by an absolute majority of its members;

f) the chairman/woman may suspend the meeting;

g) the chairman/woman closes the meeting;

h) the deputy chairman/woman assists the chairman/woman, and replaces him/her in case of absence;

i) the secretary writes draft minutes of the debates, and finalises the version adopted. The draft minutes are sent to all members, who may notify any observations to the bureau of the General Assembly within 3 working days from the date when the minutes are sent out. Sections of the draft which are uncontested are deemed to have been adopted. Observations accepted by the bureau of the assembly are communicated to all members

2. Agenda:

a) the general meeting is informed of a draft agenda proposed either:
    · by the Executive Committee, for the ordinary meeting; this draft must include points a) to f) shown in Article 8 paragraph 3 of the Constitution;
    · in the case of an extraordinary meeting, by the organ or the members who requested that it be convened;
and distributed with the invitation notice.

b) the following documents are to be enclosed with the invitation notice to the ordinary General Assembly:
    · the activity report by the outgoing Executive Committee;
    · the financial report by the outgoing Executive Committee;
    · the report by the outgoing Audit Committee;
    · any drafts of amendments to the constitution or these rules.

c) any member may make proposals concerning the agenda.

d) the assembly has full sovereignty to decide the agenda, taking account of the provisions of the constitution and these rules.

3. Amendments:

Any member may submit and develop amendments. The amendments must relate to the text that they are intended to amend. In principle, they must be submitted in writing. The chairman shall decide whether they are admissible.

Amendments take priority over the text to which they apply, and are put to the vote before that text.

If two or more mutually-exclusive amendments apply to the same part of the text, the one which deviates most from the text shall take priority and be put to the vote first. If that amendment is adopted, the other amendments are automatically rejected. If it is rejected, the amendment with the next-highest priority is put to the vote and so on for each of the remaining amendments. In case of doubt about the priority, the chairman/woman decides.

4. Motions:

Members wishing to speak on a procedural motion are given priority, in particular:

· to raise a point of order;
· to move the closure of the debate;
· to call for the debate to be adjourned;
· to put the previous question.

These requests have priority over the main question, and they suspend discussion of the main question.

The only persons who may speak are the proposer of the motion, a speaker "for" and a speaker "against".


Article 8 - Procedure for elections to the statutory organs

1. Calls for nominations are sent out by the outgoing Executive Committee to all members at least three weeks before the General Assembly; the aim is to draw up a provisional list of candidates for the Executive Committee (list 1), a provisional list of candidates for the delegations (list 2) and a final list of candidates for the Audit Committee (list 3). The deadline for submission of candidatures is set at four working days before the date of the General Assembly.

2. a) the three lists are submitted to the General Assembly, which immediately holds elections for list 3, in accordance with Article 8 paragraph 5, subparagraph c) of the Constitution and Article 7 paragraph 2, subparagraph e) of these rules.

    b) for the elections on list 3, each voter may cast a maximum of three votes. only one vote may be cast per candidate.

    c) the panel of scrutineers declares that the three candidates who received the highest number of votes have been elected. In the event of a tie for the last seat, lots shall be drawn.

    d) the General Assembly, after having deleted from lists 1 and 2 the names of candidates who may have been elected on list 3, and taking account of Article 9 paragraph 2, subparagraph b) and Article II paragraph 3, paragraph a) of these rules, finally adopts lists 1 and 2.

3. a) within three working days following the date of the General Assembly, the panel of scrutineers, assisted by the Audit Committee:

        I. shall send all members voting papers for list 1 with a reply envelope;
        II. on the basis of list 2 and Article 11 paragraph 5 of these rules, shall prepare the voting papers for the various constituencies and send them to the members concerned with a reply envelope.


    b) these voting papers must be returned, in a double envelope so as to reach the panel of scrutineers at the address shown within eight working days following the date when they were sent out.

    c) for the elections for list 1, each voter may cast a maximum of eight votes. For the elections for list 2, each voter may cast a maximum number of votes equivalent to half the number of seats to be filled for each constituency, if appropriate rounded up to the next integer. Only one vote may be cast per candidate shown on a list.

    d) the panel of scrutineers, assisted by the Audit Committee, receives the voting papers and opens them in public, and ranks the candidates on lists 1 and 2, depending on the number of votes received.

    e) provided that there are candidatures, the various institutions or organisations must be represented on the Executive Committee by at least one person.

    f) I. after applying paragraph e) above and point II of this paragraph, the panel of scrutineers declares that the following have been elected:
              · from list 1, the first fifteen candidates;
              · from list 2 – depending on the number set in accordance with Article 11 paragraph 3 of these rules, for each constituency – the candidate(s) who received the highest number of votes.

               II. in the event of a tie for the final seat, or, through the application of paragraph e) above, for the final seat to be held by an institution or an organisation, lots will be drawn.

4. The panel of scrutineers notifies the results of the elections for lists 1 and 2 to the elected candidates mentioned in paragraph 3 subparagraph f) of point I above, within a period enabling them to meet within eighteen working days following the date of the General Assembly.

5. The results of the elections for lists 1, 2 and 3 as well as those of the elections to the bureaux of the Executive Committee and the delegations are notified by the Executive Committee to all members of the union, within twenty working days following the General Assembly.

6. For all its work, the panel of scrutineers may make use of the administrative secretariat of the trade union, as mentioned in Article 9 paragraph 15 of these rules.

7. Any dispute or any question of interpretation relating to electoral operations is decided in the last instance by the panel of scrutineers, by an absolute majority of its members.

8. If an Extraordinary General Assembly should decide to hold early elections, the extraordinary general meeting which follows it is empowered for the requirements of interpretation of Article 8, 9, 10, 11 and 12 of these rules, and that mentioned in Article 9 paragraph 2, subparagraph a) of these rules. In this case, there is a derogation from the periods mentioned in the same paragraph 2 subparagraph a) and in Articles 10 and 11, paragraphs 3 sub-paragraphs 3.

9. a) during the period between the Ordinary General Assembly and the formative meetings mentioned in Article 9 paragraph 3 and Articles 10 and 11 paragraphs 7 paragraphs a) of these rules, the business of the union shall continue to be managed by the outgoing Executive Committee, the union council and the delegations, which will restrict their activities, however, to expediting pending business.

    b) during that period, if a candidate or an elected representative were to lose their capacity as a member or stand down, the provisions of Article 8 of these rules, in particular those of paragraph 3 subparagraph f) remain applicable, until such time as the bureaux of the Executive Committee and the Delegations have been formed; from the date when they have been formed, which marks the start of the period of union office, until the following Ordinary General Assembly, which marks its end, the provisions of Article 9 paragraph 4, Article 10 paragraph 9, Article 11 paragraph 9 and Article 12 paragraph 4 of these rules apply.

    c) if an elected representative from list 3 were to lose the capacity of member of that organ or to stand down, during the period mentioned in paragraph a) above, the unelected person called to occupy the third seat that has become vacant cannot take on that mandate if he/she is also a candidate or an elected representative from at least one of the two other lists. In that case, his/her name will be deleted from list 3.


Article 9 – The Executive Committee

1. The tasks of the Executive Committee are set out in Article 9 paragraph 2 of the Constitution.

2. a) the Executive Committee consists of fifteen members, elected by secret ballot, for a period of three years with a tolerance of three months more or less.

    b) any member in post who has been affiliated to the union for six months, at the date set by Article 8 paragraph 3 subparagraph a) of these rules, is eligible for any of the functions of the Executive Committee, except those of Chairman, Deputy Chairman, General Secretary or Treasurer, for which seniority on joining is two years, on the same deadline.

3. At its first meeting following the Ordinary General Assembly, and which must be held within the eighteen working days after that Assembly, the Executive Committee shall appoint its bureau, consisting of: the chairman/woman, the treasurer, two deputy chairmen/women and the General Secretary of the union. These five people must represent at least two different institutions or organisations. This meeting is convened by the eldest member among the elected representatives from list 1, who chairs it until the chairman/woman of the union has been appointed.

4. If one of the members of the Executive Committee should lose their capacity of member of this organ during the period of office, for one of the reasons foreseen in Articles 14 and 16 of these rules, or stand down, that seat will be filled, giving priority to a representative of the same constituency, by the first alternate member from the list of candidates for the Executive Committee. If this list does not contain the names of any more candidates, the remaining members of the Executive Committee may charge any other eligible member of the union and who fulfils the conditions of paragraph 2 subparagraph b) above to exercise the office that has become vacant until the next Ordinary General Assembly.

5. The Executive Committee is charged in particular with:

a) implementing the general policy of the trade union in accordance with the policy guidelines defined by the General Assembly;

b) accomplishing the tasks set out by the Constitution, these rules and the directives of the General Assembly, and taking the necessary measures to that end;

c) representing the union at the highest political level;

d) dealing with inter-institutional matters;

e) ensuring the representation of the trade union in federal matters;

f) appointing the political secretaries in the institutions based on a proposal from the relevant delegation, and organising and supervising granting of powers. The appointment of political secretaries, unless decided otherwise, shall be for a period ending 3 months after the next Executive Committee is set up. This mandate is renewable;

g) proposing strike action to the General Assembly and ensuring the smooth running of that action;

h) negotiating framework agreements;

i) dealing with external public relations;

j) informing the trade union Council and the delegations at regular intervals about its activities.

6. Unless provided otherwise in the Constitution or these rules, Executive Committee decisions are taken by a majority of the members present. However, the number of members present cannot be lower than half the total number of members.

7. The Executive Committee may consult any qualified person, in an individual capacity, or request that person to carry out specific tasks.

8. Where it is informed of a problem concerning a group of officials or employees, the Executive Committee is bound to consult, before deliberating about the matter, the officials or employees in question, and to refer the member to the bureau of the delegation(s) concerned.

9. a) the Executive Committee shall meet at least twice per month, except during holiday periods.

    b) it shall be convened by the chairman/woman or
        · on request by the Trade Union Council;
        · on request by a simple majority of its members.

    c) the chairman/woman chairs its deliberations and ensures that its decisions are implemented.

10. The Deputy Chairman/woman and the General Secretary assist the Chairman/woman and replace him/her in his/her absence.

11. The Executive Committee divides the tasks between its members, and may adopt its rules of procedure.

13. The Executive Committee involves the delegations closely with its activities, reporting to them regularly, and consulting them and responding to any initiative on their part. To the extent possible, it is represented at the meetings of the delegations by one or several of its members.


Article 10 – The Bureau

1. The bureau is responsible for the organisation and administration of the union. In particular, it is charged with:

a) managing the financial resources of the union and submitting the annual financial report to the Trade Union Council and the General Assembly.

The treasurer gathers and holds the union's funds. He/she maintains the accounts and reports to the Executive Committee about his/her management. The expenditure is committed by the bureau by a majority of its members, based on the annual budget adopted by the Executive Committee. The payment orders are made by the joint signatures of two members of the bureau.

b) representing the union from the legal viewpoint.

Valid representation in legal proceedings is ensured by the joint signatures of the Chairman/woman and the Deputy Chairman/woman or the General Secretary. In the event of two of these members being unavailable at the same time, the joint signature of three members of the Executive Committee shall be legally valid.

c) deciding on requests for legal aid from members of the union, based on rules adopted by the Executive Committee.

2. The bureau normally meets at least three times per month. Its decisions are taken by a majority of its members.

3. The bureau may invite any member of the union charged with carrying out specific tasks to attend its meetings.

4. The bureau is assisted by an administrative secretariat, whose composition and organisation it shall decide.


Article 11 – The Trade Union Council

1. The overall framework of the Trade Union Council is established in Article 10 of the Constitution. Its role is essentially to work in-depth on issues common to several constituencies and to assist the Executive Committee in implementing the general policy of the union. To this end, the Executive Committee submits an interim activity report at least twice per year as well as items enabling a policy debate to be held.

2. a) All members of delegations are members of the Trade Union Council.

    b) Members of the union have the right to attend the meetings of the Trade Union Council. They may speak, but do not have voting rights. However, the Chairman/woman of the Council may reserve certain meetings for the elected members of that organ.

3. a) the Trade Union Council meets at least twice per year.

    b) it is convened by the Chairman/woman, or
 
· at the request of the Executive Committee;
· at the request of one or more delegations;
· on request by a simple majority of its members.
 
    c) the chairman of the Trade Union Council chairs the discussions within this organ, and ensures that its decisions are implemented.

4. a) At its first meeting after the elections, the Trade Union Council shall appoint, from its ranks except members of the Executive Committee, the Chairman/woman, Vice-Chairman and Secretary of the Trade Union Council.

    b) This meeting is convened by the Chairman of the union, who chairs it until the Chairman of the Trade Union Council has been appointed.

5. a) The Trade Union Council divides the tasks between its members, and may adopt its rules of procedure.

    b) unless provided otherwise in the Constitution or these rules, Trade Union Council decisions are taken by a majority of its members.

    c) the provisions of Article 8 paragraph 5 of the Constitution apply by analogy to the meetings of the Trade Union Council. Likewise for the provisions of Article 7 paragraph 2 sub-paragraphs b) to i) inclusive, of paragraph 3 sub-paragraphs c) and d) and paragraphs 4 and 5 of this article of these rules.

6. The Trade Union Council has the right to appoint two of its members as observers to the Executive Committee, in order to ensure good coordination between these two bodies. They can speak there, but do not have voting rights.


Article 12 – Delegations

1. a) the general framework of the delegations is set at Article 11 of the Constitution.

    b) the delegations form the link between the members of their constituency and the (statutory) representation of its personnel. They are set up on the initiative of the Executive Council or members of a constituency, by decision of the Executive Committee.

    c) unless decided otherwise, there is only one delegation per constituency. However, in the event of two delegations representing the members of a single institution, the Executive Committee sets the rules for relations between the delegations.

2. Delegations are charged in particular with:

    a) representing their constituency to their institution or organisation:

    b) representing the union to members of their constituency;

    c) arranging dissemination of information within their constituency by appropriate means, by agreement with the Executive Committee, and particularly to bring the union to the attention of non-members, particularly to newly-recruited officials and employees; to this end, they receive assistance from the union;

    d) providing the link between members of their constituency and the relevant (statutory) representation of the staff;
 
    e) assisting elected members within the (statutory) staff representation in the exercise of their mandate;

    f) contributing to the preparation of elections of the (statutory) staff representation of their constituency, by agreement with the Executive Committee;
 
    g) informing the Executive Committee about any internal problem concerning their constituency.

3. a) any member of the union may stand for election to the delegation of the relevant constituency;

    b) the tenure of delegation members lasts for three years, with a tolerance of three months more or less.

4. Members of the union have the right to attend the meetings of the delegation of their own constituency. They may speak, but do not have voting rights. However, the coordinator may reserve certain meetings for the elected members of that organ.

5. a) each delegation consists of at least three members and at most thirteen;

    b) before the elections, based on a proposal by each delegation, the Executive Committee shall decide the number of seats allocated to each of them;

    c) the delegations are elected by all the members of their respective constituency, all categories and services combined;

    d) the delegation elections are held at the same time as those of the Executive Committee under conditions set out in Article 8 of these rules.

6. a) the delegations meet at least ten times per year;

    b) they are convened by their coordinator, or
 
· at the request of the Executive Committee;
· based on the request of the Trade Union Council;
· at the request of a simple majority of its members.
 
    c) the coordinator of each of the delegations chairs its discussions and ensures that its decisions are executed.

    d) in the event of the coordinator being indisposed, the secretary will take his/her place.

7. a) at the first meeting after the elections, which must be held within 15 working days after the elections, each delegation appoints a coordinator and a secretary from its ranks;

    b) this meeting is convened by the oldest elected member from list 2 of the relevant constituency, who chairs it until such time as the coordinator has been appointed.

8. a) each delegation divides the tasks between its members and may decide its rules of procedure, which only come into effect after approval by the Executive Committee in accordance with Article 11 paragraph 2 of these rules;

    b) unless stipulated otherwise in the Constitution or these rules, delegation decisions are taken by a majority of votes cast.

    c) the provisions of Article 8 paragraph 4 of the Constitution apply by analogy to the meetings of the delegations. Likewise for the provisions of Article 7 paragraph 2 sub-paragraphs b) to i) inclusive, of paragraph 3 sub-paragraphs c) and d) and paragraphs 4 and 5 of this article of these rules.

    d) for the technical and administrative organisation of their activities, the delegations may use, under conditions defined by mutual agreement with the Executive Committee, the union's administrative secretariat.

9. If one of the members of a delegation were to lose the capacity of member of that organe during the period of office, for one of the reasons set out in Articles 14 and 16 of these regulations, or to stand down, that seat would be filled by members of the delegation corresponding to the constituency concerned, who may charge any member of that constituency to exercise the mandate that has become vacant until the next Ordinary General Meeting. This appointment must be approved by the Executive Committee. While awaiting that approval, the remaining members of the delegation will exercise all the functions devolved to that organ.

10. a) the delegations shall send the agenda and minutes of their meetings to the members of the Executive Committee and the Trade Union Council.

    b) the delegations may issue an opinion on matters of common interest or which the Trade Union Council is competent.

    c) the commitment of the union's financial resources is subject to the approval of the Executive Committee.

11. On the occasion of any circumstance that necessitates the replacement of at least half the members of a delegation, the Executive Committee shall initiate the election procedure provided for in Article 8 of these rules. This new delegation is elected for the remaining period of office of the delegation.
 
 

Article 13 – The Audit Committee

1. a) the Audit Committee has three members elected by the General Assembly. It is informed by the Treasurer about any matter concerning the regulatory of payment of dues.

    b) in addition to the role defined in Article 13 of the Constitution, the Audit Committee is charged with managing disputes.

    c) membership of this Committee is incompatible with membership of the Executive Committee or the Trade Union Council.

2. The Audit Committee:

    a) may attend the meetings of all the organs of the trade union, but do not have voting rights;

    b) holds a list of actual members of the union at the disposal of the Executive Committee.

3. Any member of the union may stand for election to the Audit Committee.

4. If one of the members of the Audit Committee were to lose the capacity of member of that organ during the period of office, for one of the reasons provided for in Articles 14 and 16 of these rules, or stand down, that seat is filled by the Trade Union Council, which may charge any other member of the union, in accordance with the provisions of paragraph 1 subparagraph c) above, to exercise the mandate which has become vacant until the next ordinary general meeting.



Article 14 – Strike

1. a) a strike is proposed by the Executive Committee, deciding by a majority of its actual members, if possible after obtaining the opinion of the Trade Union Council or the delegations.

    b) in principle, the decision is taken by the General Assembly, voting by a majority of two-thirds of the votes cast, or if it is not possible to convene the General Assembly, after appropriate consultation of the staff concerned;

2. The Executive Committee shall take any measures necessary for the organisation and running of the strike. It shall draw up and serve the customary notice.



Article 15 – Loss of the capacity of member of the union

The capacity of member of the union is lost by:

· resignation notified in writing to the Executive Committee;
· death;
· unjustified delay in the payment of dues, after two reminders from the Treasurer have failed to produce the result required;
· Exclusion from the union, pursuant to Article 15 of these rules.



Article 16 – Disciplinary procedure

1. Any member who has failed to live up to his/her obligations, or whose conduct is of such a nature as to harm the trade union, may be subjected by the Executive Committee to a disciplinary procedure.

2. The person concerned is informed in writing of the decision by the Executive Committee to subject them to disciplinary procedure, and is invited to explain their conduct to the Audit Committee which is charged with handling disputes.

3. After having heard the explanations given by the person concerned, the Audit Committee decides to dismiss the case, issue a warning, or to exclude the member.

4. The Audit Committee's decision is notified in writing to the person concerned (e).

5. The person concerned has a right of appeal to the Trade Union Council, meeting in a select committee of five of its members, which will give the final ruling.



Article 17 – Expulsion of a member from a statutory organ

Where a member of one of the union's statutory organs is absent, without valid justification, from three consecutive meetings of that organ, to which he/she was duly invited, he/she is considered to have resigned, and shall be replaced under the arrangements provided for in these rules.



Article 18 – Civil liability

The civil liability of the trade union or its members is limited under all circumstances to the assets which belong to the union by right.



Article 19 – Procedure to be followed to amend the rules

Any proposal to amend these rules, on a proposal from the Trade Union Council, must be notified in advance and in writing to members, and appear expressly on the agenda of the General Assembly.

Amendments to these rules are adopted by the General Assembly voting by a majority of votes cast.



Article 20 – Final clause

These rules cancel and replace the rules of 21 February 1989, as amended.

These rules were amended on 23 January 2007 by the Extraordinary General Assembly.

The Extraordinary General Assembly of 9 March 2015amended these rules, in agreement with the Trade Union Council.

USL History

The Syndicat Général du Personnel des Organisations Européennes (SGPOE) was founded in the 1950s in the context of the European Coal and Steel Community (ECSC), and was split up when the Union des Syndicats was set up in 1973. Some of the members at the European Parliament preferred to maintain an independent organization specific to that institution.

In Luxembourg, Union Syndicale (USL) has a presence in all the institutions and in all the Staff Committees. However, it is most strongly and stably represented at the Commission.

Since it was founded, USL has been determined to act totally independently from the resources of the institutions. It is the only organization in Luxembourg to have its own offices and an independent secretariat.

At present, two people work in this secretariat, and are paid from the dues of union members.

Each week, the Executive Committee of USL meets at its office at 227, Val des Bons-Malades - Kirchberg. Members of the union may attend these meetings and can express their opinions.

Meetings of the delegations within each institution are also open to members.

A trade union Council meeting twice yearly is attended by the elected representatives on the Executive Committee and those from the delegations.

Extraordinary general assemblies, sometimes on a specific topic, enable members to give their views and give direction to actions by the union.