14 Disputes, Industrial Action and Strike Ballots

14.1 No strike, in respect of whatever sector of  the membership, shall be contemplated unless the provisions of the Labour Relations Act No. 66 (1995) have been exhausted including any processes offered through the CCMA.

14.2 In case of a dispute on an issue of right a dead-lock shall be broken by an arbitration award through the services of the CCMA.

14.3 In the case of a dispute on an issue of interest a dead-lock may be resolved by mediation through the services of the CCMA without precluding recourse to strike, industrial or protest action.

14.3.1 Failing the dispute being resolved by mediation under the provisions of the Labour Relations Act No. 66 (1995) strike action may be advocated by the National Executive Committee or the negotiating committee appointed to address the issue under the following conditions:

14.3.2 that the conditions and provisions of Chapter IV of the Labour Relations Act No. 66 (1995) [sections 64 to 77] shall not be, or have been, violated;

14.3.3 a ballot of members or members in the specific sector of the membership, according to Section 15 below, has been conducted and at least a majority of those members agree to the necessity to enter into a strike or industrial action;

14.3.4 no member shall be disciplined or have their membership terminated for failure or refusal to participate in any strike, industrial or protest action if:

no ballot was held or,

no ballot was held within the sector of the workplace or,

a ballot was held but a majority of the members who voted did not vote in favour of the motion or resolution.

14.4 A strike may not be contemplated where the issue is governed by any Branch level collective agreement with an employer or employer's organisation unless that agreement is deemed to have been violated by the employer or the employer's organisation and/or is itself under dispute.

15 General and Postal Balloting of Branches or Members as Individuals

15.1 At least seven (7) days notice shall be given to each member before a general or postal ballot is taken.

15.2 The Branch Election Officer, as appointed under Standard Branch Rule A.16.11 shall take charge of the balloting process and appoint scrutineers as necessary. The following shall apply to all balloting processes:

15.2.1 where a general or postal ballot is conducted, as provided elsewhere in this Constitution, sealed ballot boxes shall be provided by the Branch Office Bearers under the supervision of the Branch Elections Officer, which may be inspected by the voters or, by appointed scrutineers;

15.2.1.1 in the case of a postal ballot the voting form shall be supplied to members along with a pre-addressed envelope where the first address line indicates the motion or resolution number;

15.2.1.2 all ballot voting forms shall reflect:

the NTESU name;

a printed, sequential ballot form number;

National Administrative Office Branch Recognition Code;

the motion or resolution being voted upon;

the number of that motion or resolution;

provision for a vote for, against or in abstention;

an absolute closing date for return of the voting form to the National Administrative Office

or,

in the case of Branch level ballot, to the Branch Administrative Office, if one exists, otherwise to the Branch Elections Officer.

15.2.2 for a general ballot the Election Officer shall establish a polling point or points as necessary and polling hours during which voting will take place;

15.2.3 voter shall show their membership cards to the Branch Electoral Officer or that person's nominee, who shall record the membership number on an appropriate polling list, before issuing a voting form;

15.2.4 voting forms shall be marked only in one of the blocks provided for a vote for, against or abstaining from the motion or resolution, any other mark shall make the vote a spoilt vote;

15.2.5 the voting member shall fold and deposit the marked voting form in a ballot box as provided at the polling point;

15.2.6 counting of votes shall begin on the day following the closing date for return of the sealed ballot boxes, or postal ballot form, noted on the voting form and, immediately on conclusion of counting the Electoral Officer shall inform the National Secretary in the case of a national ballot or, the Branch Secretary in the case of a Branch ballot, of the outcome;

15.2.7 the result of any national level general or postal ballot shall be disseminated to the Branches or, in the case of a Branch level ballot to the members of the Branch, within fourteen (14) days or less of the termination of counting;

15.2.8 no ballot shall be negated by the non-receipt by any member of either, notification of the intended ballot or, in the case of a postal ballot, the voting form;

15.2.9 any ballot shall be binding on the body conducting the ballot if more than thirty-three (33) percent of the members eligible to vote have voted and the majority vote in favour of the motion or resolution being voted on, unless the context otherwise requires a larger than simple majority;

15.2.10 all valid and spoilt voting forms, the result and polling lists of any ballot shall be sealed and stored for a period of three years after termination of counting.