Turbo Beaver
4th Jun 2005, 01:41
By way of re-cap, there are two areas of serious concern:
First, following the outcome of the votes at the recent EGM, your Association entered into a legally binding Agreement with Cathay Pacific Airways to the effect that we would cease funding the ongoing 49er legal actions. Our Solicitors, Robertsons have advised that the agreement is binding on all Members of the AOA and dual membership of CPU and the AOA is precluded by the conflict between the decisions already taken at General Meeting and CPU’s stated aim of financing the 49ers legal cases.
Second, the specific dual membership ‘conflict of purpose’ described above can reasonably be extended into more general scenarios. It is quite conceivable that should such a union form, its policies in other areas could well be at odds with those favoured by the majority of the Membership of the AOA. Should dual membership be allowed, then situations can be envisaged that could potentially prevent the AOA from conducting useful and meaningful business.
Your GC has closely consulted our legal advisors and IFALPA on this matter. After considering a number of options, the unanimous view is that the most sensible course of action is to amend our Rules to make it clear that dual membership of the HKAOA and any other Hong Kong registered Trade Union offering membership to aircrew listed on the CPA Seniority List is not permitted. Under the proposed wording, membership of overseas unions, such as BALPA, would continue to be available. The suggested changes are quite comprehensive and are indicated in underlined italics as follows:
Objects of the Association
4.1 The Association is established:
7.1b Notwithstanding Rule 7.1a above, no person shall be eligible for, or retain membership of the Association if:
(i) he has been convicted of any crime involving fraud, dishonesty, extortion or membership of a triad society; or
(ii) he is a member or becomes a member of another trade union registered with the Registry of Trade Unions of Hong Kong.
7.1c Notwithstanding Rule 7.1b above, the General Committee may, if it is of the opinion that:
(i) such conviction as is envisaged under Section
7.1b(i) is of a spent, trivial or irrelevant nature;
(ii) such membership as is envisaged by Section
7.1b(ii) is not incompatible with membership of the Association.
admit an applicant to membership or resolve to permit the continued membership of any existing member.
HKAOA Page 3 03 June 2005
(NOTE: This is a re-write that adds the eligibility criterion excluding dual membership of Hong Kong registered Trade Unions. At the discretion of the General Committee, dual membership would be allowed. We envisage this would only apply to a Member who may also be a member of a Trade Union in another profession . GAPAN is not registered as a Trade Union, and unions such as BALPA are not registered in Hong Kong. Therefore, HKAOA Members may retain their memberships of GAPAN and BALPA etc.)
Application for Membership
7.2 (NOTE: the application form will be amended to include a declaration to the effect that the applicant is not a member of another trade union registered at the Registry of Trade Unions of Hong Kong.)
7.3b Any omission from or inaccuracy or misrepresentation in the particulars relating to the applicant shall entitle the General Committee to determine the membership of such applicant.
(NOTE: under 7.3b, the General Committee may determine membership in case of a member falsely declaring that he is not a member of another registered trade union.)
Misconduct of Members
7.20 Any Member:
(i) in breach of the Rules;
(ii) acting in a manner contrary to or prejudicial to any resolutions made by members in General Meeting (or the General Committee);
(iii) whose conduct has, in the opinion of the General Committee, rendered him unfit to retain membership of the Association; or
(iv) who, in the opinion of the General Committee, is guilty of conduct prejudicial to the interests of the Association or in conflict with the objects of the Association,
may be expelled from the Association by the General Committee or his membership may be suspended by the General Committee for any period, or his membership may be continued upon fulfilment of such conditions as the General Committee may see fit to impose.
7.21 In any instance where the General Committee is of the opinion that, prima facie, a Member has conducted himself in the manner prescribed in Rule 7.20, it may direct the General Secretary or the Secretary to give written notice to that Member setting out the allegation or allegations or misconduct, and…if any such decision shall include a finding that the Member is guilty of the misconduct alleged, such notice shall so state and shall also state whether the Member is expelled, or suspended, or whether his membership is to continue upon fulfilment of conditions, and if so, they shall be specified.
Summary
Clearly, these proposed amendments are the product of an in depth examination of the current Rules by the Association’s Solicitors. In their view, such amendments would not only cater for the CPU situation, they would also serve us well in any similar scenarios in the future.
It is worthy of mention that, in researching this matter, Robertsons examined common practice in various jurisdictions and various professions. They found that it was quite common for the Rules of a Trade Union to exclude dual Membership. To that extent, the proposed Rule amendment could be seen as bringing us in line with Trade Union ‘best practice’.
The proposed Rule amendment will be put to you for voting at an EGM to be held in early July. Your General Committee fully supports the proposed amendments.
Sincerely
President
03 June 2005
First, following the outcome of the votes at the recent EGM, your Association entered into a legally binding Agreement with Cathay Pacific Airways to the effect that we would cease funding the ongoing 49er legal actions. Our Solicitors, Robertsons have advised that the agreement is binding on all Members of the AOA and dual membership of CPU and the AOA is precluded by the conflict between the decisions already taken at General Meeting and CPU’s stated aim of financing the 49ers legal cases.
Second, the specific dual membership ‘conflict of purpose’ described above can reasonably be extended into more general scenarios. It is quite conceivable that should such a union form, its policies in other areas could well be at odds with those favoured by the majority of the Membership of the AOA. Should dual membership be allowed, then situations can be envisaged that could potentially prevent the AOA from conducting useful and meaningful business.
Your GC has closely consulted our legal advisors and IFALPA on this matter. After considering a number of options, the unanimous view is that the most sensible course of action is to amend our Rules to make it clear that dual membership of the HKAOA and any other Hong Kong registered Trade Union offering membership to aircrew listed on the CPA Seniority List is not permitted. Under the proposed wording, membership of overseas unions, such as BALPA, would continue to be available. The suggested changes are quite comprehensive and are indicated in underlined italics as follows:
Objects of the Association
4.1 The Association is established:
7.1b Notwithstanding Rule 7.1a above, no person shall be eligible for, or retain membership of the Association if:
(i) he has been convicted of any crime involving fraud, dishonesty, extortion or membership of a triad society; or
(ii) he is a member or becomes a member of another trade union registered with the Registry of Trade Unions of Hong Kong.
7.1c Notwithstanding Rule 7.1b above, the General Committee may, if it is of the opinion that:
(i) such conviction as is envisaged under Section
7.1b(i) is of a spent, trivial or irrelevant nature;
(ii) such membership as is envisaged by Section
7.1b(ii) is not incompatible with membership of the Association.
admit an applicant to membership or resolve to permit the continued membership of any existing member.
HKAOA Page 3 03 June 2005
(NOTE: This is a re-write that adds the eligibility criterion excluding dual membership of Hong Kong registered Trade Unions. At the discretion of the General Committee, dual membership would be allowed. We envisage this would only apply to a Member who may also be a member of a Trade Union in another profession . GAPAN is not registered as a Trade Union, and unions such as BALPA are not registered in Hong Kong. Therefore, HKAOA Members may retain their memberships of GAPAN and BALPA etc.)
Application for Membership
7.2 (NOTE: the application form will be amended to include a declaration to the effect that the applicant is not a member of another trade union registered at the Registry of Trade Unions of Hong Kong.)
7.3b Any omission from or inaccuracy or misrepresentation in the particulars relating to the applicant shall entitle the General Committee to determine the membership of such applicant.
(NOTE: under 7.3b, the General Committee may determine membership in case of a member falsely declaring that he is not a member of another registered trade union.)
Misconduct of Members
7.20 Any Member:
(i) in breach of the Rules;
(ii) acting in a manner contrary to or prejudicial to any resolutions made by members in General Meeting (or the General Committee);
(iii) whose conduct has, in the opinion of the General Committee, rendered him unfit to retain membership of the Association; or
(iv) who, in the opinion of the General Committee, is guilty of conduct prejudicial to the interests of the Association or in conflict with the objects of the Association,
may be expelled from the Association by the General Committee or his membership may be suspended by the General Committee for any period, or his membership may be continued upon fulfilment of such conditions as the General Committee may see fit to impose.
7.21 In any instance where the General Committee is of the opinion that, prima facie, a Member has conducted himself in the manner prescribed in Rule 7.20, it may direct the General Secretary or the Secretary to give written notice to that Member setting out the allegation or allegations or misconduct, and…if any such decision shall include a finding that the Member is guilty of the misconduct alleged, such notice shall so state and shall also state whether the Member is expelled, or suspended, or whether his membership is to continue upon fulfilment of conditions, and if so, they shall be specified.
Summary
Clearly, these proposed amendments are the product of an in depth examination of the current Rules by the Association’s Solicitors. In their view, such amendments would not only cater for the CPU situation, they would also serve us well in any similar scenarios in the future.
It is worthy of mention that, in researching this matter, Robertsons examined common practice in various jurisdictions and various professions. They found that it was quite common for the Rules of a Trade Union to exclude dual Membership. To that extent, the proposed Rule amendment could be seen as bringing us in line with Trade Union ‘best practice’.
The proposed Rule amendment will be put to you for voting at an EGM to be held in early July. Your General Committee fully supports the proposed amendments.
Sincerely
President
03 June 2005