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(6) Paid-up membership shall be the number of members for which affiliation fees are paid according to Rule II, paragraph (3)(a), and Rule XVII. This definition of paid-up membership shall be generally applicable in the interpretation of this Constitution. (7) Provided written notification of its action is given to the General Secretary, if possible at least four weeks before the beginning of Congress, an affiliated organisation may nominate the delegation of another organisation to act on its behalf at a Congress, but no delegation may represent more than three organisations in addition to its own. (8) An affiliated organisation may add a reasonable number of advisers to its delegation, provided that the advisers are members of, or otherwise closely associated with, that affiliated organisation. (9) Voting at Congress shall be by show of delegates' cards or by membership vote. A membership vote shall be taken when prescribed by this Constitution or required by the Executive Board or by three organisations from three different countries represented directly and not by proxy at Congress. In a membership vote those affiliates with a paid-up membership of less than 1,000 shall have one vote; others shall have one vote for every 1,000 paid-up members, calculated to the nearest thousand. (10) Decisions shall be taken by simple majority except on matters for which this Constitution sets other requirements. In elections for any seat or office a candidate must receive more than half of the votes cast to succeed. The voting procedure shall be set out in the Standing Orders. (11) At its first Session, Congress shall appoint a Credentials Committee to examine the credentials of delegations and make recommendations to Congress accordingly. No membership vote or election other than the election of Tellers, Scrutineers or Congress Committees shall take place until the report and recommendations of the Credentials Committee have been dealt with by Congress. (12) Procedure at Congress shall be governed by this Constitution and by Standing Orders which the Congress shall adopt on the basis of a recommendation from the Executive Board. The Management Committee shall act as Standing Orders Committee of the Congress. (13) The agenda for each Ordinary Congress shall include the following items: (a) Report on activities; (b) Financial statements and auditors' reports; (c) Fixing of affiliation fees; (d) Any proposed amendments to the Constitution; (e) Motions; (f) Location of headquarters; (g) Elections; (h) Such other items as the Executive Board may decide. (14) Motions for consideration by an Ordinary Congress shall be submitted so as to reach the General Secretary at least four months before the Congress begins. The final agenda of an Ordinary Congress shall be issued to affiliated organisations at least two months before the Congress begins. Emergency motions may be presented to an Ordinary Congress, but shall only be discussed if the Standing Orders Committee decides that they are truly of an urgent character and could not have been submitted with the notice prescribed above. (15) Amendments to motions placed on the agenda of an Ordinary Congress shall reach the General Secretary at least four weeks before the Congress begins. (16) The agenda of an Extraordinary Congress shall be decided by the Executive Board. When an Extraordinary Congress is convened at the request of affiliated organisations, in accordance with paragraph (2) of this Rule, the Executive Board shall distribute documents submitted by those organisations together with any further documents which the Executive Board feels the Congress should receive. (17) The ITF shall not contribute to meeting the cost of a delegation's attendance at Congress unless, in special cases, the Executive Board decides otherwise. (1) There shall be an Executive Board that shall consist of forty-one members elected by Congress, and the General Secretary. The term of office of elected members of the Executive Board begins with the election of the Executive Board at an Ordinary Congress and ends with the election of the new Executive Board at the following Ordinary Congress. All members are eligible for re-election. (2) The Executive Board shall be the governing body of the ITF between Congresses. It shall carry out the decisions and instructions of Congress and enforce the provisions contained in this Constitution. It shall have the power to direct the affairs of the ITF and to take such actions and render such decisions as are necessary and appropriate to safeguard and promote the best interests of the ITF and its affiliated organisations, including decisions on additional contributions in accordance with Rule XVII. (3) The Executive Board shall designate five of its members and the member or members from the country where the ITF headquarters are located who, together with the President, the five Vice-Presidents and the General Secretary, shall comprise the Management Committee and to which some of the functions and authority of the Executive Board may be delegated. The Executive Board shall further have the general right to create new industrial sections or departments and sub-committees and to determine their composition and terms of reference. (4) The membership of the Executive Board shall be a reasonable reflection of the geographical distribution of the membership of the ITF and its industrial structure. No affiliated organisation shall have more than one member on the Executive Board. (5) The election by Congress of the Executive Board shall take place from among nominations made by regional electoral groups of affiliated organisations represented at Congress. Every delegation to Congress shall have the right within its group to submit candidates for nomination in the election of the Executive Board. Voting, when necessary, either within electoral groups or Congress as a whole shall be in accordance with Rule IV, paragraphs (9) and (10). The composition of regional electoral groups and the number of nominations which each group is entitled to make shall be decided by Congress on the recommendation of the Executive Board. (6) Membership of the Executive Board shall cease if a member's organisation: (a) indicates in writing that it wishes him/her to resign; or (b) in accordance with Rule III, withdraws or is suspended or expelled or has its membership declared as lapsed. (7) If vacancies occur in the membership of the Executive Board between Ordinary Congresses, the Executive Board shall have authority to co-opt sufficient members to bring the Executive Board to full strength. Before doing so, the Executive Board shall consult member organisations in the appropriate regional groups and shall observe the conditions laid down in paragraph (4) of this Rule. Members co-opted in this manner shall have the same rights as elected members. (8) The Executive Board shall meet at least twice a year and on other occasions should the Executive Board or the General Secretary, in consultation with the President and Vice-Presidents, decide that further meetings are necessary. (9) All elected or co-opted members of the Executive Board and the General Secretary shall have the right to vote at meetings. Voting shall be by show of hands or by secret ballot whereby each member shall have one vote. The President, or, in his/her absence, the Vice-President presiding at the meeting, shall have a casting vote. Decisions shall be taken in accordance with Rule IV, paragraph (10). A majority of the members of the Executive Board shall constitute a quorum for the transaction of the business of the Board. (10) The Executive Board shall be authorised to reimburse members of the Board for necessary expenses incurred in performing their duties for the ITF, except travelling expenses to meetings associated with Congress unless, in special cases, the Executive Board decides otherwise with regard to individual members of the board. (1) There shall be a Management Committee composed of the President, the five Vice-Presidents, and further members of the Executive Board (see Rule V, paragraph (3)) and the General Secretary. (2) The Management Committee shall exercise the functions and authority delegated to it by the Executive Board and given it by this Constitution. The Management Committee shall meet whenever the Executive Board so decides or when a majority of the Committee itself requests a meeting. (3) Voting at meetings of the Management Committee shall be in accordance with Rule V, paragraph (9). (4) The members of the Management Committee shall be entitled to the reimbursement of their expenses, in accordance with Rule V, paragraph (10). (1) There shall be a President and five Vice-Presidents of the ITF, who shall be nominated by the Executive Board from among its members and proposed to Congress for election. Of the six positions, at least one shall be a woman and five shall come from different electoral groups. The President and the Vice-Presidents shall hold office until the closure of the following Ordinary Congress and shall be eligible for re-election. (2) If the President or any of the Vice-Presidents cease for any reason to hold office in the period between Ordinary Congresses, the Executive Board shall be empowered to appoint a successor or successors, but in doing so shall observe the requirement of paragraph (1) of this Rule that the President and Vice-President shall each come from a different regional electoral group. (3) The President or, in the President's absence, a Vice-President, shall preside at all meetings of the ITF's governing bodies between Ordinary Congresses. (1) There shall be a General Secretary, elected by each Ordinary Congress. The General Secretary shall be eligible for re-election. (2) The General Secretary shall be responsible to the Executive Board for the general administration of the ITF's affairs, for the implementation of decisions taken by the ITF's governing bodies, and for those other functions given him/her by this Constitution. (3) The General Secretary shall receive and be responsible for all monies paid to the ITF and shall prepare and submit for the approval of the Executive Board budgets of income and expenditure in respect of the General Fund and all special funds. (4) The General Secretary shall be responsible for the accounts of the ITF and shall produce such books and documents as may be required by the Executive Board. He/she shall submit to the ITF's governing bodies proper accounts of income and expenditure, with such reports and comments as he/she may judge necessary or may be requested. (5) If, for any reason, the office of General Secretary shall fall vacant, the Executive Board shall appoint an Acting General Secretary who shall serve until a General Secretary is elected at the next following Ordinary Congress, and who shall have the authority, responsibilities and duties of General Secretary as prescribed by the ITF Constitution. (1) There shall be one or more Assistant General Secretaries who shall be appointed by the Executive Board. (2) Assistant General Secretaries shall, when possible, attend Congresses and meetings of the Executive Board. They shall carry out duties prescribed by the General Secretary and shall act under his/her direction. (3) There shall be Secretaries of industrial sections who shall be appointed by the Executive Board, after consultation with the Section or Sections concerned, and Secretaries of departments who shall be appointed by the Executive Board. (4) Secretaries of industrial sections or departments shall administer the work of their sections or departments under the direction of the General Secretary. (5) There shall be Secretaries of regional bodies who shall be appointed by the Executive Board, after consultation with the region concerned. They shall administer the work of their regions under the direction of the General Secretary. (6) The salaries and conditions of employment of the General Secretary, Assistant General Secretaries and Secretaries shall be laid down by the Executive Board. (7) The General Secretary shall appoint such staff as are necessary. The salaries and conditions of employment of staff employed at the ITF's headquarters shall be governed by a collective agreement between the Management Committee and the staff's trade union. The salaries and conditions of employ-ment of staff employed in any other offices shall be determined by the General Secretary after negotiation with the staffs' trade unions or the staff themselves. The General Secretary shall report to the Executive Board on changes in the staff. (8) The Executive Board shall have the right to suspend the General Secretary, Assistant General Secretaries or Secretaries, with or without salary, provided the person or persons faced with suspension are first given the reasons for such a step and an opportunity to state a case before the Executive Board. There shall be a right of appeal to Congress against suspension. (1) There shall be regional bodies as determined by the Executive Board to deal with matters of common concern to ITF affiliates in a specific region. The Executive Board shall determine their terms of reference and generally be authorised to guide their activities. (2) Each regional body shall elect a Committee which, with an officer of the Secretariat, shall establish working programmes, reach conclusions and recommendations within the framework of ITF policy and inform interested affiliates thereof. The Committee shall elect a Chair and one or more Vice Chairs. The membership of the Committee shall be a reasonable reflection of the geographical distribution of the membership of the ITF within the region and its industrial structure. (3) Each affiliated organisation shall have the right to participate in the activities of the appropriate region. The cost of attendance of representatives at regional meetings shall normally be borne by the organisations represented. (4) Any decision taken by a regional body which affects, directly or indirectly the ITF as a whole, an ITF section or another ITF region, shall be given effect only after endorsement by the Executive Board. (5) The Executive Board shall have the authority to establish other offices or bodies of the ITF and to determine their terms of reference. Young transport workers' conference and committee (1) An ITF Young Transport Workers’ Conference shall be held as part of each Ordinary Congress. The Executive Board shall determine the terms of reference of the Conference. (1) There shall be industrial sections, as defined in the Preamble of this Constitution, to deal with matters concerning individual branches of transport and allied activities. The Executive Board shall have authority to set up such further sections or special departments as deemed necessary to improve the services of the ITF to its affiliates or to deal efficiently with particular activities or problems, and may create or provide for special funds in connection with such sections or departments. The Executive Board shall determine their terms of reference and generally be authorised to guide their activities. (2) Each industrial section shall elect a Committee which, with an officer of the Secretariat, shall establish working programmes, reach conclusions and recommendations and inform interested affiliates thereof. To this end the Committee may propose to the General Secretary that meetings and/or conferences be convened. The General Secretary shall submit to the Management Committee at each meeting a schedule of such meetings proposed for approval. In urgent cases the General Secretary shall be authorised to call meetings after consultation with the President of the ITF. (3) Each affiliated organisation shall have the right to participate in the activities of the section or sections dealing with questions which are of interest to its declared membership in the section or sections concerned. The cost of attendance of representatives at section meetings shall be borne by the organisations represented. (4) The activities of special departments and the participation of affiliated organisations therein and the election of their Committees shall be governed by rules established by the Executive Board in consultation with those affiliated organisations primarily concerned and which take account of the need to ensure gender mainstreaming and the inclusion of young workers. (5) In the course of an Ordinary Congress of the ITF each industrial section shall meet to elect its Chair, Vice-Chair/s, other officers and members of the section committee and any sub-committees and to decide, if deemed appropriate, the content of its working programme. Section officers shall be eligible for re-election. (6) If the Chair of an industrial section ceases for any reason to hold office in the period between Ordinary Congresses, the Vice-Chair shall become Chair. If the Vice-Chair or any other officer of a section likewise ceases to hold office, the General Secretary shall be empowered after appropriate consultations to designate a successor from among the members of the Section Committee who shall serve until the next Section Conference, which shall be empowered to fill by election any vacancies which may have arisen. (7) Any decision taken by a section which affects, directly or indirectly, the ITF as a whole or any other section or sections shall be given effect only after endorsement by the Executive Board. (8) Voting at section meetings may be by show of hands or by membership vote. A membership vote may be requested by any member of the section. The number of votes to which an organisation shall be entitled in the event of a membership vote shall be equal to its paid-up membership in respect of the workers registered in the section in question as recorded at the end of the year preceding the meeting or at the time of admission to the Federation, whichever is the later. It shall be the responsibility of each affiliated organisation to register the number of its members in the section or sections concerned in order to claim that number of votes in the event of such membership vote. Failure to comply with this requirement will disqualify an organisation from such membership voting. (1) Affiliated organisations may call upon the ITF for assistance in disputes of major importance. (2) Such assistance may consist of organised moral support of the affiliate and its stand on the issues involved in the dispute, of approaches to national governments and inter-governmental organisations, of financial help or a combination of these or any other steps deemed appropriate in the circumstances. (3) The ITF shall be given as much notice as possible of the likelihood of such a dispute and as much information as possible on the issues involved and on the attitude to the dispute of other affiliates and important trade union organisations in the country where the dispute takes place. (4) An affiliate facing an important dispute which may involve the ITF shall not call upon affiliates of the ITF outside its own country for assistance without having first consulted with the General Secretary of the ITF. The same applies to calls to non-affiliated organisations abroad for assistance or support. Contraventions of this provision shall absolve the ITF from any obligation to give or continue to give support. (5) The General Secretary shall, upon receipt of a call for assistance, take all appropriate steps in order to acquaint himself/herself with the facts involved and shall take such measures as he/she judges to be appropriate and practical in consultation, if necessary, with the Management Committee. (6) The General Secretary shall report to the Executive Board at the first opportunity on any assistance given in accordance with this rule. (1) If two or more affiliated organisations are in dispute among themselves over a matter or matters which involve the ITF or its activities, it shall be open to them to ask the ITF to arbitrate. The arbitration shall only be undertaken if all the parties to the dispute agree on that course after satisfying themselves that any decision in the arbitration would not be in conflict with the rules or policies of the national centres to which they are affiliated. The decisions of the arbitrator(s) shall be binding on the parties. (2) The arbitration procedure shall be decided from case to case by the General Secretary in consultation with the Chair or Chairs of the Section or Sections concerned and the parties to the dispute. (1) Each Ordinary Congress shall decide the standard rate of affiliation fees payable by the affiliated organisations per head of their declared membership in accordance with Rule II, paragraph (3)(a), for the period up to the end of the year in which the next Ordinary Congress shall take place. The Executive Board shall fix a minimum number of members for the purposes of establishing affiliation fees due from affiliates having a very small fee-paying membership. (2) The Executive Board shall have authority to call for supplementary payments from affiliated organisations to meet essential commitments. (3) The Executive Board shall, at its discretion, authorise an affiliated orga-nisation to pay affiliation fees at less than the standard rate if the Board is satisfied that the financial situation of the affiliate or the low standard of earnings of its membership justifies such a concession. (4) All fees and contributions are payable either quarterly and in advance or yearly before the end of June for the current year except that acceptance of a new affiliate into membership of the ITF shall not become effective until after an initial payment of fees due for the first six months of membership. The General Secretary shall lay before the Management Committee each financial year a list of affiliates in arrears for consideration of action in accordance with Rule III, paragraph (2). (1) The ITF shall, in its absolute discretion, be empowered to borrow, advance or lend money, with or without security, to acquire, lease or dispose of any interest in any real or personal property and to make and dispose of any investments of whatever description. (2) The financial year of the ITF shall be determined by the Executive Board. (3) The accounts of the ITF including any funds created under Rule XIV, paragraph (1), shall be audited by a firm of qualified accountants appointed by the Executive Board. They shall also report whether in their opinion proper books of account have been kept and whether there is an adequate system of control over financial transactions. Their report shall be presented to the General Secretary and Executive Board after the close of each financial year. Interim reports shall be presented when requested by the Executive Board or Congress. These reports, known as the Official Auditors' Reports, shall be included in the accounts of income and expenditure prepared by the General Secretary in accordance with Rule VIII, paragraph (4). Details of such reports shall be made available to the members of the Executive Board. (4) Financial transactions of the ITF shall be supervised and checked from time to time throughout the financial year by three Lay Auditors elected by Congress from among officials located reasonably near the headquarters of the ITF. Auditors shall at all times have access to the books and accounts of the ITF. (5) The Lay Auditors shall report every year on their findings. The General Secretary shall pass their reports, known as the Lay Auditors' Reports, to the Executive Board and to Congress. (6) Should, for any reason, a lay auditor be unable to continue to carry out his/her functions between Ordinary Congresses, the affiliated organisation which nominated that lay auditor shall designate a replacement. (7) The property of the ITF shall be vested in Trustees. The Executive Board shall make rules governing the appointment, removal, retirement and number of Trustees and their duties, powers and liabilities. (1) The dissolution of the ITF may be decided upon by Congress alone, after a motion to that effect has been placed on the agenda in accordance with Rule IV, paragraph (14). (2) A motion to dissolve the ITF shall be submitted to a Membership Vote in accordance with Rule IV, paragraph (9), and must receive the vote of at least three quarters of the paid-up membership represented to succeed. The motion shall stipulate how the assets of the ITF shall be disposed of and how the obligations of the ITF towards its staff and officers are to be met. (1) The terms of this Constitution are those approved by the 42nd Congress of the ITF, 2010. (2) Congress alone shall have authority to amend the Constitution. Motions to amend the Constitution shall be submitted to the General Secretary and issued to affiliated organisations in accordance with the procedures laid down in Rule IV, paragraph (14). (3) Motions to amend the Constitution, other than those submitted in accordance with paragraph (2) above shall only be submitted to Congress if the Standing Orders Committee so decides. (4) Motions to amend the Constitution shall be submitted to a Membership Vote in accordance with Rule IV, paragraph (9) and must receive at least two thirds of the valid votes cast to succeed.
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