Paragraph 4 Clause 21
The following Clause shall be substituted—
“21(1)All members and alternate members of the Committee of Management appointed prior to 28th August 1987 shall cease to be members or alternate members on and from that date. On and from that date the Committee of Management shall (subject to the exercise of the powers conferred by this Clause and to the proviso to paragraph (4) of this Clause) consist of ten members. The Corporation shall have the power to appoint and remove five members and the Eligible Unions shall have the power to appoint and remove an aggregate number of five members. The Corporation and the Eligible Unions may in respect of each person appointed by them appoint and remove a person to be an alternate member of the Committee of Management and such alternate member shall in the absence of such member be entitled to attend and vote at all meetings of the Committee of Management on behalf of the member in respect of whom he is appointed and generally in the absence of such member to perform and exercise all the duties, powers and discretions of such absent member. An alternate member shall cease to be an alternate member if the member for whom he acts as an alternate ceases for any reason to be a member of the Committee of Management.
(2)Until the first Appointment Date the National Union of Mineworkers shall have the power to appoint and remove four members of the Committee of Management and the Union of Democratic Mineworkers shall have the power to appoint and remove one member of the Committee. Any member so appointed by an Eligible Union shall continue to hold office until the first Appointment Date unless prior to that date he ceases to be a member of the Committee of Management pursuant to the provisions of the Scheme.
(3)With effect on and from the first Appointment Date each Eligible Union shall have the power to appoint and remove the number of members determined in accordance with paragraph (4) of this Clause, subject to the aggregate number of members appointed by the Eligible Unions not exceeding five. On and from the first Appointment Date each member of the Committee of Management, whether appointed by the Corporation or an Eligible Union, shall cease to hold office on the next Appointment Date unless he is re-appointed or prior to that date he ceases to be a member pursuant to the provisions of the Scheme.
(4)The number of members of the Committee of Management to be appointed by each Eligible Union shall be determined according to the percentage which the number of Relevant Members of that Eligible Union at the Relevant Time bears to the aggregate number of Relevant Members of both Eligible Unions at the Relevant Time as follows—
Percentage of aggregate number of Relevant Members Number of members of the Committee of Management 10% or more but less than 30% 1 30% or more but not more than 50% 2 More than 50% but not more than 70% 3 More than 70% but not more than 90% 4 More than 90% 5
Provided that if it is determined that both Eligible Unions have exactly 50% of the aggregate number of Relevant Members, the number of Members of the Committee of Management shall with effect on and from the next Appointment Date be reduced to eight and the references in paragraph (1) of this Clause to “ten” and “five” shall be deemed to be references to “eight” and “four” respectively until a different percentage shall be determined in accordance with the following provisions of this Clause.
(5)The Corporation shall not later than 31st December 1987 and thereafter subject to the provisions of paragraph (12) of this Clause at three-yearly intervals not later than 31st December in the relevant year notify each Eligible Union of the number of employees of the Corporation and Subsidiaries who were members of the Scheme and attributed as being contributing members of that Eligible Union at the Relevant Time in the Corporation’s Records. The Corporation shall also include in such notification the aggregate number of persons so attributed in respect of both Eligible Unions and the number of members of the Committee of Management which that Eligible Union has power to appoint pursuant to paragraph (4) of this Clause. Such notification shall include confirmation of the verification by the Auditors of the particulars contained therein.
(6)Within 10 days of receipt of a notification pursuant to paragraph (5) of this Clause an Eligible Union may give notice in writing to the Corporation that it intends to make submissions to the Auditors pursuant to this paragraph. Upon receipt of such notice the Corporation shall forthwith notify in writing the other Eligible Union which may within 10 days thereafter also give notice in writing to the Corporation that it intends to make submissions to the Auditors pursuant to this paragraph. An Eligible Union which has given such notice may not later than the 31st January next following the notification by the Corporation pursuant to paragraph (5) of this Clause submit to the Auditors the number of those persons who the Eligible Union considers were Relevant Members of the Eligible Union at the Relevant Time together with the full name and such identifying details of each such person and such evidence of contributing union membership as the Auditors may from time to time consider necessary.
(7)If an Eligible Union makes submissions to the Auditors pursuant to paragraph (6) of this Clause it shall forthwith notify the Corporation in writing. The Corporation shall provide to the Auditors such further information from the Corporation’s Records as the Auditors may reasonably require.
(8)In respect of employees of the Corporation or Subsidiaries, the Auditors shall determine by reference to the Corporation’s Records the number of persons included by an Eligible Union in any submissions pursuant to paragraph (6) of this Clause who were Relevant Members at the Relevant Time Provided that where any person included in the Eligible Union’s submissions was not attributed as a contributing member of that Eligible Union in the Corporation’s Records at the Relevant Time the Auditors shall—
(a)satisfy themselves that the Corporation’s Records at the Relevant Time correctly recorded the union membership, if any, of such person in accordance with his latest instructions to his Employer, or failing that
(b)satisfy themselves that such person was a contributing member of the Eligible Union at the Relevant Time or, failing that
(c)endeavour to obtain from such person his written confirmation as to the Eligible Union, if any, of which he intended his Employer to treat him as being a contributing member at the Relevant Time and until they receive such confirmation shall not count that person as a member of the Eligible Union in question.
(9)In respect of persons not employed by the Corporation or Subsidiaries, the Auditors shall take such steps as they deem appropriate to determine the number of persons included in any submissions by an Eligible Union pursuant to paragraph (6) of this Clause who were Relevant Members at the Relevant Time.
(10)If at any stage the Auditors are satisfied following any submissions by either or both of the Eligible Unions pursuant to paragraph (6) of this Clause that the number of members of the Committee of Management which either Eligible Union has the power to appoint in accordance with the notification by the Corporation under paragraph (5) of this Clause will not require change then such notification by the Corporation shall stand and the Auditors shall give notice to the Corporation and the Eligible Unions accordingly but if the Auditors become satisfied that the notification by the Corporation contains a discrepancy which materially affects the number of members of the Committee of Management which the Eligible Union has the right to appoint the Auditors shall prior to the 1st March next following the notification by the Corporation make recommendations to the Corporation as to the necessary revisions to such notification and the Corporation shall implement those recommendations by giving forthwith a revised notification to each Eligible Union accordingly.
(11)Following receipt of a notification or revised notification from the Corporation pursuant to the provisions of this Clause each Eligible Union shall have power to appoint with effect from the next Appointment Date such number of members of the Committee of Management as shall have been notified to it.
(12)In any year when a notification would not normally be given by the Corporation pursuant to paragraph (5) of this Clause an Eligible Union may give notice to the Corporation by not later than 30th September in that year that it requires the Corporation to give a notification pursuant to paragraph (5) of this Clause in that year. In that event the Corporation shall by not later than 31st December in that year give notification to each Eligible Union pursuant to paragraph (5) of this Clause and the provisions of paragraphs (5) to (11) of this Clause shall apply, mutatis mutandis.
(13)The costs of the Auditors in connection with this Clause (including costs incurred by the Corporation on behalf of the Auditors) shall be borne by the Pension Fund save that if an Eligible Union makes submissions or gives notice pursuant to paragraph (6) or (12) of this Clause which do not result in an increase in the number of members of the Committee of Management which that Eligible Union has power to appoint at the next Appointment Date the costs of the Auditors in connection with and arising from such submissions or notice (including costs incurred as aforesaid) shall be borne by such Eligible Union or, if more than one Eligible Union, by them in such proportions as the Auditors shall determine as appropriate.”.