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CONSTITUTION

THE CONSTITUTION OF NIGERIA MERCHANT NAVY OFFICERS AND WATER TRANSPORT SENIOR STAFF ASSOCIATION

NIGERIA MERCHANT NAVY

OFFICERS AND WATER TRANSPORT SENIOR STAFF ASSOCIATION

RULE 1

  1. The name of the Association shall be Nigeria Merchant Navy Officers and Water Transport Senior Staff Association (NMNO/WTSSA), here-in-after referred to as the “ASSOCIATION” It shall comprise of six (6) Zones namely:
  • Fishing
  • National Inland Waterways Authority
  • Offshore
  • Ports & Docks
  • Shipping and
  • Maritime Institutions/Academies
  • Maritime Agencies & Parastatals
  1. The Registered Head Office of the Association shall be situated at No 24, Palace Road, Olodi – Apapa, Lagos or such other place as may be decided by the National Delegates Conference.
  1. Any change in the Registered Head Office address shall be notified to the Registrar of Trade Unions in the prescribed form.

RULE 1 B: NIGERIA MERCHANT NAVY UNIFORM

  1. Our uniform is the same worldwide and it is also similar with Nigeria Navy uniform (NN) except in the following forms:
  • Our cap logo is golden eagle with anchor.
  • Button: Golden anchor.
  • Rank – bar and Diamond with black background.
  • Blue gorget.
  • Nametag with M. Navy inscription on it.
  1. TYPES OF UNIFORM
  • Working Rig – White top with white trouser, white socks, white shoe, white belt and nametag with black beret.
  • Liberty White – White top with black or blue trouser, black shoe, black socks, black belt, black beret and nametag.
  • Action Rig – Long sleeve or short sleeve sky blue top with black trouser or blue trouser (Preferably black trouser), blue belt for blue trouser, black belt for black trouser, blue socks and black socks respectively with black shoe to march including nametag.
  • Catton Colour Uniform – Brown Kaki top and trouser with black belt, black shoe, black socks, nametag with black beret.
  • Ceremonial Uniform – Blue suit top and trouser, blue belt, blue gorget, blue socks, black shoe, P. cap and a layer by the shoulder hand.
  • Bush Jacket – Liberty White jacket and trouser, white belt, blue gorget, white socks, white shoe, P. Cap and nametag.

RULE 2:  OBJECTIVES

The Principal Objectives of the Association shall be as follows:

  1. To secure the complete unionization of all senior staff employed in the Manning of Ocean going, National Inland Waterways Authority, Inland Waterways Operators, Coastal and Harbour vessels or Crafts afloat, Fishing vessels, Maritime Institutions/Academies and Maritime Agencies and Parastatals.
  2. To regulate the relationship and settle disputes between members and their employers and between a member and another.
  1. To obtain and maintain just and equitable hours of work, rates of pay and Conditions of Service.
  1. To encourage the establishment and maintenance of high productivity and efficiency in the establishments.
  1. To advance the education and training of members.
  1. To provide benefit and other assistance as prescribed in the constitution.
  1. To encourage the participation of members in decision making in the industry and at national level.
  1. To protect and advance the socio-economic and cultural interest of the host community.
  1. To give Paramilitary Training in form of Orientation to all members of the Association with a view to enhance their physical fitness (regimental readiness) and
  1. Such other objectives that are lawful and are not inconsistent with the spirit and practice of Trade Unionism in Nigeria.

RULE 3A: MEMBERSHIP

  1. Membership of the Association shall be open to all seafarers and shore senior staff employed in the manning of ocean going, National Inland Waterways Authority, Coastal and Harbour vessels or craft afloat, Fishing vessels and Maritime Institutions/Academies and Maritime Agencies and Parastatals.
  2. Any member of a branch/Ship of the Association who is transferred from one branch/ship to another upon notification by ship/branch Secretary shall be eligible to automatic membership in his new branch/ship. Same is applicable to the movement from one zone to another.
  1. A non financial member shall not enjoy the benefit as enshrined in this Constitution (Rule 25 a–e)
  1. Any intending member shall complete an official membership application form and shall undertake to uphold and defend the constitution of the Association at all times, and pay the prescribed monthly dues, levies, donations, etc.
  1. Application for membership shall be submitted to a branch/ship Secretariat of the Association where one exists or to the Zonal Secretary of the Association where a branch/ship Secretary of the Association does not exist and to the Secretary General where both do not exist.
  2. Each member shall be given a copy of the Constitution upon the completion of his or her registration exercise and all financial obligations met. Thereafter, every registered member shall be notified of amendments to the constitution.             
  3. A member shall have the right to have his grievances processed by the Association at the appropriate levels.
  4. A member shall pay his subscriptions to the funds of the Association regularly, and shall endeavour to participate fully in the affairs of the Association. He/She shall refrain from any act, which may bring the Association into disrepute.
  5. The Association shall have the right to take disciplinary measures against any member for observed contravention of the Association’s rules and regulations at the appropriate level and the affected member shall have the right of appeal to the higher organs of the Association.
  6. A member upon giving five {5} days notice shall have access to the books of the Association. 

     3B: MEMBERSHIP RIGHTS AND RESPONSIBILITIES

  1. Each member of a trade union should have right to full and free participation in the government of his trade union. This should include the right.
  2. To vote periodically, as provided in the Association Constitution and rules for branch or Ship, State or regional and National Officers either directly or through delegates:
  3. To be honest and democratic in conducting elections;
  4. To stand for and hold office, subject only to fair and reasonable qualifications uniformly imposed.
  5. To express his/her views as to the method in which the Association business shall be conducted.
  6. Each member shall have the right to fair treatment in the application of Association Rules and Constitution. Trade Union disciplinary procedures shall contain all the elements of fair play and the rules of Natural justice, that is, adequate notice, fair hearing and judgment on the basis of the evidence observed. A method of appeal to a higher body shall be provided to ensure that judgments are not the result of prejudice or bias.

RULE 4: RATES OF SUBSCRIPTIONS

  1. The monthly subscription/check – off dues by each member under the employment of a stakeholder/affiliated company of the Association shall be two percent (2%) of a member’s basic salary deducted for the upkeep and maintenance of the Association.
  2. Members who are not engage by any of our Affiliate Company (ies) shall pay a monthly fixed rate to be decided by the Central Working Committee/National Executive Council of the Association.
  3. In the case of affiliate that pays check off due from a central pool, any member who is not traceable to any company cover by the agreement shall be made to pay a monthly due as (b) above
  4. The National Executive Council or the Quadrennial National Delegates Conferences is empowered to alter the monthly subscriptions of all members of the Association as and when necessary.

RULE 5: CONSTITUTION AND GOVERNMENT

  1. This document and as it may from time to time be amended, shall be known as the “Constitution of the Association.”
  2. The constitution shall be deemed to be the basis of the contract between the members to establish and operate the Association.
  3. No new rules shall be made or any rules altered, amended or rescinded unless agreed to by a majority vote in secret ballot at the National Delegates Conference of the Association.
  4. Alterations and amendments to the Constitution by whatever process shall not be valid until they have been registered by Registrar of Trade Unions in accordance with the Trade Unions Act.
  5. The Government of the Association shall be vested in the following organs of the Association:
  6. i)   National Delegates Conference
  7.   ii)   National Executive Council
    • Central Working Committee
  8. Zonal Council
  9. Branch Executive Committee
  10. Ship Officer(s) Executive Council

RULE 6: TENURE OF OFFICE

  1. All elected Zonal and National Officers of the Association with the exception of the full time paid officers shall be eligible for re-election at the end of their first tenure of office of four (4) years and for a further one term only. No officer(s) shall be eligible for re-election into same office served two (2) terms.

 B: To promote equity and fairness and respect for the Association, a member having attained the highest office of the National President and having served for two terms shall not aspire again to any elective office in the Association.

   C: Any member who has fulfilled 6a and 6b above shall be considered as Association Statesman who may be consulted from time to time as the need arises.          

RULE 7: NATIONAL DELEGATES CONFERENCE

  1. The supreme authority of the Association shall be vested in the National Delegates Conference.
  2. The National Delegates Conference shall be composed of:
  3. National Officers. ii) Secretary General, Deputy and Assistant Secretary General.    

iii)   Chairmen and Secretaries of Zonal Councils

  1. iv) One delegate from each Branch/Ship subject to maximum of ten (10) voting delegates from each

Zone.

  1. The National Delegates Conference shall be held every four (4) years on dates and at venues to be decided by the National Executive Council or by the previous National Delegates Conference.
  2. A special Delegates Conference may however be held at such time and place as the National Executive Council may decide or by a resolution of a majority of that Zonal Executive Committee forwarded to the Secretary General.
  3. Each Branch/ship of the Association shall constitute one constituency for the purpose of electing Delegates to the National Delegates Conference of the Association.
  4. To be eligible for nomination and to be elected as a delegate, a candidate must be a member in good financial standing in the Association and must have been actively involved in the affairs of the Association for two consecutive years preceding his nomination and election.
  5. Voting during election of delegates shall be by secret ballot.

 

  1. To be elected as a delegate a candidate must obtain majority of the votes of members present and voting at the meeting of the branches/ship called for that purpose.

 

  1. Only members in good financial standing in the Association shall have the right to nominate candidates for election as delegates and vote at the election of delegates.

 

  1. Election of Branch/ship delegate shall take place not later than eight (8) weeks before the conference.

 

  1. Each zone shall be entitled to ten (10) Delegates for the purpose of the election

 

  1. The names of elected delegates shall be forwarded to the Secretary General of the Association to reach him not later than two (2) weeks before the conference.

 

  1. The Zone/Branch shall invite observers from the National Executive Council to attend the meeting at which delegates are to be elected to the conference.

 

  1. There Shall be a credentials committee set up by the National Executive Council which shall examine the good financial standing of each nominated delegate before the conference and the name of any delegate adjudged by the committee not to be in good financial standing shall be withdrawn from the list of delegates.

 

  1. All National Executives that did not make the zonal delegates list shall be deemed delegates to the National Delegates Conference provided that such executives are financial members

 

  1. The National Executive Council shall have the power to deal summarily with any complaint arising from the election of Zonal delegates.

 

RULE 8: BUSINESS OF THE CONFERENCE  

  1. Item for inclusion in the Agenda of the conference from whatever source shall be forwarded to the Secretary General to reach him not later than eight weeks to the conference.

 

  1. The Central Working Committee and National Executive Council shall have the power to determine the item to be included in the Agenda and the order of priority.

 

 

  1. The Agenda of the conference together with the supporting papers shall be forwarded to the delegates to reach them not later than four (4) weeks before the conference.

 

  1. The National President shall preside over the conference and in his absence, the Deputy National President or any other person appointed by the accredited delegates present and voting in that order.

 

  1. Any person not being a delegates or a member of the conference or an invited guest shall not be allowed to attend the conference or take part in its proceedings.

 

  1. The business of the conference shall be the consideration and determination of internal questions of policy affecting the members of the Association, report from matters included in the conference Agenda including election of officers.

 

  1. Any matter not included on the Agenda may be raised at the conference subject to the express permission of a majority of delegates present and voting on the issue.

 

  1. The conference shall constitute one constituency for the purpose of electing the National officers of the Association.

 

  1. Voting at the conference shall be by secret ballot.

 

  1. The Secretary General and all other full – time officers shall have the right to speak at the conference but shall have no right to vote.

 

  1. The conference is empowered to call for detailed examination and investigation of any issue in furtherance of its business and shall also have the power to set up committees. Such committee shall report back to the conference – in session for any action it may deem fit.

 

RULE 9: NATIONAL EXECUTIVE COUNCIL

  1. The Association shall be administered by the National Executive Council in accordance with this Constitution.

 

  1. The National Executive Council shall consist of all elected National Officers, Secretary General, Deputy Secretary General, Assistant Secretary General, Chairmen and Secretaries of Zonal Council.

 

  1. To be nominated and elected as member of the National Executive, a candidate must have been actively involved in the affair of the Association for not less than two (2) years.

 

  1. To be elected a member of the National Executive Council, a candidate must obtain majority votes of members in the Triennial National Delegates Conference election.

 

  1. The National Executive Council shall meet once in 12 months on dates and at venues to be decided by the Central Working Committee or the previous meeting of the National Executive Council.

 

  1. The Central Working Committee shall administer the affair of the Association in between the meeting of the National Executive Council.

 

 

  1. An extra – ordinary meeting of the National Executive Council may be conducted on the directive of the National President of the Association.

 

  1. The items for inclusion on the Agenda of the National Executive Council shall be forwarded by members of the zonal Council to the Secretary General to reach him not later than four weeks before the meeting of the council.

 

  1. The Agenda of the zonal Council together with the supporting papers shall be forwarded to members of the National Executive Council two weeks in advance.

 

  1. The Secretary General in consultation with the National President shall have the power to determine the items to include in the Agenda and in the order of priority.

 

  1. The National President shall preside over the meeting of the Council and in his absence, the Deputy President or the Vice President or any other person elected by a majority of the member present in that order.

 

  1. The Business of the Council shall be the consideration and determination of all matters included in the Agenda. Any matter not included in the agenda shall not be entertained at the meeting of the Council.

 

  1. It shall be the duty of the National Executive Council to undertake the following:

 

  1. To guard and further the interest of members of the Association
  2. To carry out policies determined by the conference in – session.
  3. To ensure strict observance of the rules of the Association by all the members both individually and collectively.
  4. To safeguard the funds of the Association
  5. To set up such departments or committee as it may deem necessary for the smooth and orderly conduct of the affairs of the Association
  6. To issue directives for proper governance and administration of the Association’s affairs, and.
  7. To perform such other functions as may promote the objectives of the Association.

 

  1. Decision at meetings of the Council shall be taken by a majority of votes of members cast in secret ballot or by show of hands.

 

  1. No officer or member of the Council shall be entitled to take part in any discussion or to vote on any matter in which he is personally affected.

 

  1. The National Executive Council shall render report of its activities to the National Delegates Conference – in – Session.

 

  1. The National Officers shall not hold any office in any zone/branch, but may participate in zonal activities of the Association.

 

  1. A quorum shall be formed by 2/3 (two third) of all the members of the National Executive Council.

 

  1. The National Executive Council shall have the power to impose the following disciplinary measure on any member or officer for serious misconduct:
  • Fine,
  • Suspension,
  • Expulsion,
  • Expelled members shall forfeit all the rights and privileges of membership.
  1. Members of the National Executive Council shall be removed from office on a resolution supported and adopted at the Special Delegates Conference by two third (2/3) majority votes of Delegates present.

 

RULE 10: CENTRAL WORKING COMMITTEE

  1. There shall be the Central Working Committee composed of the following:
  • The National President.
  • The Deputy National President.
  • The Vice National President’s position increased from 1 to 7 which covers the following positions:

 

Vice President – Offshore sector

Vice President – Shipping Zone (Dry/Wet Cargo)

Vice President – Fishing Zone

Vice President – Ports/Docks

Vice President – Inland Waterways

Vice President – Maritime Institutions/Academies

Vice President – Maritime Agencies & Parastatals

 

  • The Secretary General
  • The Deputy Secretary General/Assistant Secretary General.
  • The National Treasurer & Trustee 1.
  • The immediate past National President of the Association as Ex – Officio member.
  • The Women Coordinator
  • The Youth Coordinator
  1. The Central Working Committee shall meet at least twice in a Year or as emergency demands.

 

  1. The Central Working Committee shall supervise the day to day administration of the Association in – between the meetings of the National Executive Council.

 

  1. It shall report its activities to the National Executive Council.

 

  1. The National President shall preside over the meeting of the Council Working Committee and in his absence, the Deputy National President or the Vice National President or any other person appointed by a majority of the members present.

 

  1. It shall have the power to co-opt members to fill vacancies occurring in the Central Working Committee.

 

  1. The Secretary General in consultation with the National President shall convene meetings of the Central Working Committee as and when necessary.

 

  1. The voting at the meeting shall be by secret ballot or by show of hands.

 

  1. The Central Working Committee shall have the power to appoint a Financial Committee to protect the funds of the Association.

 

  1. It shall have the power to take disciplinary measures against any erring members and such members (s) shall have the right of appeal to the National Delegates Conference.

 

  1. Two third (2/3) of the total members of the Central Working Committee shall form a quorum at meeting of the Committee.

 

RULE 11: ZONAL COUNCIL

  1. For the effective administration of the Association, the country shall be divided into suitable operational areas called zones. The actual areas and designations of the zones shall be determined by the National Executive Council.

 

  1. The membership of a zonal Council shall comprise the Chairmen and Secretaries of the Zones/Branches of the Association in the area.

 

  1. It shall be the duty of the Council to co – ordinate the activities of the offices/Branches/Ships in its jurisdiction, serve as effective link between one office/branch/ship and another, promote co-operation among the offices/branches/ship in its jurisdiction, ensure that the Association’s policies and programmes are widely known, understood, and implemented and generally strengthen the Association in its jurisdiction.

 

  1. The Council shall meet quarterly in a Year but emergency meetings may be summoned as and when necessary.

 

  1. The Council shall have the power to elect a zonal Executive Committee whose membership shall comprise a Chairman, Vice chairman, Secretary, Assistant Secretary, Treasurer and Auditor together with one (1) Ex – office member. The Secretary may however be a full time officer in which case he shall be appointed by the National Executive Council or the Central Working Committee.

 

  1. The Chairman shall preside over the meetings of the Zonal Council and the zonal Executive Committee(s).

 

  1. The Zonal Executive Committee shall meet from time to time and provide on the spot supervision of the Zonal Officers of the Association.

 

  1. The Zonal Executive Committee shall report to the zonal Council and the zonal Council shall report to the Central Working Committee/National Executive Council from time to time.

 

  1. Members of the Zonal Committee shall hold office for four (4) years but shall be eligible for re-election by secret ballot for another term of four (4) years at the Quadrennial general meeting of the Zonal Council. No officer(s) shall be eligible for re-election into same office served two (2) terms.

 

  1. The National representatives shall superintend the election into all Zonal/Branch offices. All election into the Zone/ Branch not superintended by the national representatives shall be null and void.

RULE 12: BRANCHES

  1. A Branch of the Association shall consist of members employed in all the ships and offices in a given company in areas as may be determined by the National Executive Council.

 

  1. A Branch shall co – ordinate the activities of all its members in ships and offices under its jurisdiction for greater co – operation and solidarity and shall help members to solve their economic, social and industrial relations problems by maintaining good Management/Labour relations in its area of influence.

 

  1. A Branch Committee of not more than ten persons consisting of a Chairman, vice Chairman, Secretary, Assistant Secretary, Treasurer, Auditor and one (1) Ex – Officio member shall be elected every four (4) years for a maximum of two (2) terms only.

 

  1. For the purpose of Branch election, all zonal executives shall be delegates to the election.

 

RULE 13: SHIP/OFFICE EXECUTIVE COMMITTEE

  1. A ship/office shall be the smallest unit of the Association and shall be constituted on the basis of each branch office of the Establishment in the industry. Each unit shall consist of at least five members. Members of all the units in any establishment shall constitute members of the branch Association with its Branch Secretariat at the Headquarters office of the Establishment.

 

  1. The power to dissolve a ship(s) or office(s) committee shall not be exercised unless for persistent violation of the constitution of the Association or for change of majority of offices as a result of posting or for other official reasons.

 

  1. The name and particulars of the ship/office(s) unit of the Association shall not be changed without the approval of National Executive Council or the Central Working Committee of the Association.

 

  1. It shall be the business of a ship/office(s) as a unit to the Association to see to the proper organization of the Association at the grass-root level and to represent the members in appropriate cases and also implement the directives of the higher organs of the Association in the conduct of its affairs in the overall interest of the Association.

 

  1. There shall be a ship or office(s) executive committee comprising of at least, a Chairman (Known as the shop steward, the Secretary, Auditor and one ex – officio member. Elected during the annual ship/office(s) unit general meeting of the Association. Other relevant offices may be created depending on the size and needs of the ship/office unit of the Association provided that the total membership of the executive committee shall not exceed Ten (10) in number.

 

  1. The chairman (shop steward) shall preside over the meeting s of the ship/office(s) unit of the Association.

 

  1. Members of the office(s) executive committee shall hold office for three (3) years while members of the ship executive committee shall hold office for the duration of six (6) voyages of the ship. The ship Executive Committee may however be dissolved earlier than prescribed above if officers on a ship are signed off in mass thereby making continuity of their office impossible. Under such circumstances the affected officers shall be eligible for re- election at a general meeting of ship/office unit of the Association to be held in the month of April.

 

  1. It shall be the responsibility of the ship/office(s) Executive Committee to provide leadership in all matters that affect members of the Association at the ship/office(s) level.

 

  1. On dissolution of the ship/office(s) unit of the Association, the unit shall forfeit its charter and all its assets and liabilities shall be vested in the Association.

 

RULE 14: STATE COUNCILS

  1. The Association shall have the State Councils in all the maritime States of the Federation.
  2. Composition of the State Councils:
  3. Each State Council shall comprise of representative of the zones in a State who must have good financial record with the zonal offices and National Secretariat. It shall have an Executive Council which shall be elected from among the zones and shall be composed of the following officers provided the positions are evenly distributed:
  • Chairman
  • Vice Chairman
  • Secretary
  • Assistant Secretary
  • Treasurer and
  • Auditor

 

NOTE: In a State where there is only one zone, the zonal council shall take over the function of the State Council and shall represent the Association in all State meetings.

  • FUNCTIONS OF STATE COUNCIL.

A State Council of Nigeria Merchant Navy Officers and Water Transport Senior Staff Association shall:

  1. Transact the business of the Association at the State levels in accordance with the constitution of the Association.

 

  1. Monitor all industrial activities of the State and report same to the National Secretariat via the Secretary General.

 

  1. Ensure that there is unity of purpose among the zones in the State and strengthen the Association within the State.

 

  1. Perform all Association duties that may be assigned to it from time to time by the Secretary General, Central Working Committee & the Congress.

 

  1. STATE COUNCIL MEETINGS:
  2. The State Executive Council shall meet once in every three (3) months (Quarterly) and an emergency meeting may be called upon when the need arises.

 

  1. The State Chairman shall preside over all meetings including emergency meetings

 

  1. Meetings resolutions shall be forwarded to the Secretary General for update and information purpose.

 

  1. STATE COUNCIL SECRETARIAT;
  2. There shall be a State council office. A full – time – Secretary may be employed to oversee the day to day running of the State Secretariat, he/she shall be responsible to the State Council Chairman and the Secretary General of the Association.

 

  1. He/she shall keep the records of all the activities of the State Council and report same to the Secretary General.

 

  1. He shall have a staff complement based on the financial strength of the State Council.

 

  1. He shall scrutinize and certify all vouchers with the State Chairman when payments are due.

 

RULE 15: NIGERIA MERCHANT NAVY OFFICERS AND WATER TRANSPORT SENIOR STAFF ASSOCIATION WOMEN’S WING

  1. There shall be a Women’s Wing to be known and addressed as Nigeria Merchant Navy Women’s Wing.

 

  1. It shall consist of women from all zones of the Association.

 

  • It shall aim to empower and encourage women active participation in the activities of the Association.

 

  1. It shall be the duty of the Women Wing to coordinate and encourage women participation in International Transport Workers Federation (ITF) & Trade Union Congress of Nigeria (TUC) and the activities of the Congress.

 

  1. They shall have power to elect A Chairperson, Vice Chairperson, Secretary, Assistant Secretary, Treasurer and Auditor as the executive body.

 

  1. The Secretary Women’s Wing in consultation with the Women Wing Chairperson and Secretary General shall summon a meeting of the women wing whenever it is deemed necessary.

 

  • It shall carry out its activities in line with the provision of the constitution and subject to the approval of the Central Working Committee through the Secretary General of the Association.
  • Every zone shall include at least one female delegate in the list of its nominated delegates to the National Delegates Conference.

 

RULE 16:  NIGERIA MERCHANT NAVY OFFICERS AND WATER TRANSPORT SENIOR STAFF ASSOCIATION YOUTH WING

The youth Wing shall comprise of members and staff of the Association who must not be more than 35 years of age. They shall represent the Association in all the youth meetings/programmes both locally and internationally and they shall be financed/sponsored by the Association.

RULE 17: NATIONAL OFFICERS

  1. The National Officers of the Association shall be the National President, Deputy National President, Vice National President, Secretary General, the Deputy Secretary General, Assistant Secretary General, the National Treasurer, the National Auditors and Trustees.

 

  1. All National Officers of the Association with the exception of the full – time paid officers shall be elected at the Triennial National Delegates Conference of the Association.

 

  1. When any post of a full – time officer becomes vacant, the National Executive Council shall determine who among the full – time officers shall fill the vacant post taking into account seniority, qualification, efficiency and reliability.

 

  1. No candidate shall be appointed to the substantive post of Secretary General unless he possesses demonstrated experience, knowledge and ability in trade union affairs coupled with appropriate level of education to be determined by the National Executive Council.

 

  1. No officer of the Association shall hold office, paid or unpaid in any other Union other than a Central Labour Organization of senior staffers to which this Association belongs.

 

  1. Any unpaid National Officer of the Association may resign his office on giving one (1) month notice to the Association.

 

  1. On resignation, an unpaid National Officer of the Association shall surrender all the properties of the Association in his/her care to the Secretary General of the Association. (The positions covering the paid officers have been stated in the Association staff Condition of Service.)

 

  1. The National Executive Council shall have the power to appoint Specialist, Organizing Secretaries, and other staff to facilitate the smooth administration of the Association. The emoluments of such specialists, organizing Secretary or staff shall be determined by the National Executive Council and charged to the accounts of the Association.

 

  1. Members and non – members of the Association shall be eligible for appointment as staff of the Association provided they possess requisite qualifications and experience subject to good behaviour, hold office at the pleasure of the Association.

 

  1. The removal of any paid staff shall be subject to confirmation by the National Executive Council (NEC) of the Association.

 

  1. No illiterate members shall be elected into any office of the Association.

 

RULE 18: DUTIES OF THE NATIONAL OFFICERS

  1. i) NATIONAL PRESIDENT

The National President shall preside over all Conferences and meetings of the National Executive Council and the Central Working Committee. The National President shall have a casting vote at such meetings. He shall, in conjunction with the Treasurer and one other Trustee, sign the cheques on behalf of the Association. He shall sign the minutes of all meetings. He shall together with the Secretary General sign vouchers for all payments approved by the Central Working Committee, and shall keep himself in close touch with the activities of the Secretariat and perform all other duties pertaining to his office.

 

  1. ii) DEPUTY NATIONAL PRESIDENT
  2. There shall be one Deputy National President.

 

  1. He shall cooperate with and assist the National President in ensuring the proper running of the affairs of the Association.

 

  1. He shall deputies in the absence of the National President to ensure that the activities of the Association go on smoothly.

 

iii)   VICE NATIONAL PREISDENT

  1. There shall be seven (7) Vice National Presidents.

 

  1. They shall assist the National President in ensuring the proper running of the affairs of the Association.

 

  1. In the case of the absence of both the National President and the Deputy National President, one of them shall act for them.

 

  1. iv) SECRETARY GENERAL

The Secretary General shall be full time officer and the Chief Executive Officer of the Association.

He shall attend all meetings of the Central Working Committee, the National Executive Council and the National Delegates Conference, and shall keep accurate records of those meetings. He shall be in charge of all paid staff of the Association. He shall attend to all correspondence addressed to the Association, and shall report from time to time to the Association. He shall together with other Officers of the Association ensure that the affairs of the Association are carried out in accordance with the provisions of the constitution and the law of the country. He shall together with the National President sign all vouchers in respect of payments approved by the Central Working Committee.

 

  1. v) DEPUTY NATIONAL SERETARY

The Deputy Secretary General shall be full time officer. He shall attend all the meetings of the Central Working Committee, National Executive Council and the National Delegates Conference. He shall perform all official duties, which may be assigned to him by the Secretary General from time to time. In the absence of the Secretary General, he shall act on his behalf. He shall supervise other officers of the Association generally.

Vi)  ASSISTANT SECRETARY

The Assistant Secretary General shall be full time officers. They shall be given specific departments or Committees to handle by the Secretary General and shall report their activities from time to time to the Deputy Secretary General and in his absence to the Secretary General. They shall attend all meetings of the Central Working Committee, National Executive Council and National Delegates Conference. In the absence of the Secretary General or the Deputy Secretary General, the most senior Assistant Secretary General shall act for them.

 

Vii)  NATIONAL TREASURER

The National Treasurer shall be elected at the Triennial National Delegates Conference. He shall receive money on behalf of the Association and shall promptly pay same to the Association’s account and keep a true and accurate records of all receipts and payments as required by this Association‘s constitution and the law of the Country. He shall comply with all regulations made by the National Executive Council and the National Delegates Conference to safeguard the funds of the Association. The Treasurer shall have responsibility for the general supervision of the finances of the Association and shall from time to time submit reports on the position of the accounts of the Association to the Central Working Committee, the National Executive Council and the National Delegates Conference. He shall present Annual Financial Return and Audited Accounts of the Association to the Triennial Delegates Conference and to the Registrar of Trade Unions. He shall have the right to speak but not to vote on matters affecting his office. He shall ensure that all moneys received are paid into the Bank Accounts(s) of the Association within 48 hours and shall ensure that all approved expenses of the Association are paid and duly receipted for by beneficiaries on valid payment voucher signed by the President and Secretary General. He shall keep an impress account of not more than #50,000.00 (Fifty Thousand Naira) only. He shall together with the National President and one Trustee is signatories to the Association’s bank accounts.

 

viii)  NATIONAL AUDITOR

The National Auditor of the Association shall be elected during the Triennial Delegates Conference of the Association. It shall be his responsibility to thoroughly examine all the books of the Accounts kept by the National Treasurer, check all receipts and payments and certify them accordingly. The Auditor shall have access to all books of accounts, vouchers and other documents. The Auditor shall prepare and submit reports on the financial position of the accounts of the Association and the manner in which the accounts have been kept having regards to the provisions of the Trade Union Act or any other Labour Legislation concerning Trade Unions accounts. In addition to the National Auditor, there shall be an audit committee headed by the National Auditor, comprising of not less than 3 members and shall be vested with powers to audit Zones/branches books of accounts and report to the National Executive and finally to the External Auditor(s) of the Association who is duly approved by the Registrar of Trade Unions.

 

RULE 19: NATIONAL PRINCIPAL OFFICERS

The Association shall have three National Principal Officers who shall be elected at the Triennial Delegates Conference of the Association. The National Principal Officers shall comprise the National President, National Treasurer and one of the elected Trustees and shall hold office at the pleasure of the Association. The three Principal Officers for the time being shall have vested in them all the real and personal estate and whatever belongs to the Association and they shall deal with them in such ways and manners as the National Executive Council may direct. A  Principal Officer may be removed from the office by the National Executive Council on grounds of ill health, unsoundness of mind, or for any reason which renders him unsuitable to perform the duties of his office. In the event of death, resignation, removal of a Principal Officer from office, the post shall be filled temporarily by the National Executive Council. The three Principal Officers must sign cheques drawn on the current bank account of the Association. They shall also operate savings and other financial accounts on behalf of the Association.

 

 

RULE 20: UNION FUNDS

  1. The funds of all the units of the Association shall be property of the Association and nothing in these Rules shall prejudice the right of the National Executive Council to institute proceedings to recover any money or property belonging to the Association.

 

  1. All properties acquired for the Association in whatever custody, and of whatever nature shall belong to the Association.
  2. The National Delegates Conference or the National Executive Council acting on behalf of the Association shall have the power to employ the funds of the Association in such manner as may be found necessary and expedient.

 

  1. The funds and property of the Association shall be applicable for the purpose of attaining the objectives of the Association as defined in the Constitution.

 

  1. The main sources of funds of the Association shall be monthly subscriptions/check – off dues, levies, fines, proceeds from economic/social activities, and any loans that may be raised from bank or corporate organizations.

 

  1. The National Delegates Conference and the National Executive Council shall have the power to determine and vary the monthly subscriptions of members of the Association as and when necessary.

 

  1. The funds of the Association shall be allocated as follows:

Branches……………………………………………………10%

Zonal Councils……………………………………………..20%

Education…………………………………………………..5%

Annuity…………………………………………………….5%

National Secretariat…………………………………………60%

 

  1. All subscriptions/check off dues shall be paid to the National Secretariat (National Account) which has the power to make allocations as in Rule 16(g) above.

 

  1. All authorized monthly subscriptions/check – off dues shall be made payable by members, branches, zones and employers to the National Secretariat (National Account) of the Association who upon receipt remit zones share within one week subject to availability of the signatories.

 

  1. A special/specific account shall be open for the education/annuity fund for its purpose.

 

  1. No money meant for a particular fund must be diverted to another use or purpose.

 

RULE 21: LEVIES AND DUES

  1. The National Executive Council may if it considers it necessary impose a levy upon all members of the Association. The levies shall be collected by members of the executive committee of the zone/branch of the Association and forwarded to the National Secretariat of the Association or direct imposition of levies upon the zones.

 

  1. The Zone/Branch Executive committee may, if considered necessary and with the approval of National Executive Council or the Central Working Committee impose a levy on all members of the zone/branch unit of the Association and all members shall be required to pay the levy.

 

  1. If any member fails to pay a levy or monthly subscription within the specified period of its imposition, the amount shall be treated as arrears of contribution. If the arrears are not paid, such a member shall not be entitled to membership benefits.

 

  1. The funds of the Association which members are required to pay under the Rules, whether by way of subscription, levies, dues or otherwise shall not be of any political objectives.

 

RULE 22: BANKING OF NIGERIA MERCHANT NAVY OFFICERS AND WATER TRANSPORT SENIOR STAFF ASSOCIATION’S FUND

The funds of the Association shall be kept in a bank approved by the Central Working Committee. There shall be three (3) signatories to the Account of the Association as follows:

  • The National President
  • The National Treasurer, and
  • One of The Trustee

The three (3) signatories must sign cheques drawn on the current bank Account of the Association.

 

RULE 23: INVESTMENT OF THE ASSOCIATION’S FUNDS

The funds of the Association which are not required for current use/expenses shall on the directives of the National Executive Council be invested by the Principal Officers in the name of the Association for the time being in such public stocks, government securities or other investment opportunities as the National Executive Council may deem fit.

 

RULE 24: EDUCATION

  1. The Association shall organize educational meetings, occasional seminars/workshops or classes and prepare educational leaflets in the interest of its members and staff.

 

  1. The Association may impose on all members an education levy.

 

  1. The Association may in the interest of the organization offer loans, advances, scholarship to any member and staff in furtherance of any of its educational programmes.

 

  1. The Association depending upon it convenience may adopt and execute any educational program industrial, cultural, social or economic in the interest of its members\staff or the working class generally.

 

RULE 25: BENEFITS TO MEMBERS

  1. DEATH BENEFITS

The nominees or rightful relations of a deceased elected national/zonal officer shall be entitled to the followings:

National Officer………………………………………………..#100,000.00

Zonal Officer……………………………………………………#50,000.00

 

 

  1. The maximum amount, which can be covered by a nominee (Next of kin) under this rule, shall be #100,000.00 In any case; no payment shall be made in absence of a death certificate or any other convincing proof of death.

 

  1. An elected member who is hospitalized for more than six (6) months shall be paid a sick benefit of between #20,000.00 and #50,000.00 depending on the seriousness of the sickness.

 

  1. Any accident to a member resulting in permanent or partial incapacity which occurs at the course of representing the Association, shall attract an accident benefit of #150,000.00 or as may be determine from time to time by the principal National Officers.

 

  1. Legal aid shall be provided by the National Executive Council or the Central Working Committee for a member in any case of unfair dismissal or victimization by any employer because of the member’s Trade Union activities.

 

RULE 26: APPOINTMENT OF EXTERNAL AUDITOR

An auditor shall be appointed by the Congress in Session from the approved and registered Auditors with the Registrar of Trade Unions under Federal Ministry of Labour and Productivity for the purpose of auditing the Association’s account annually or when the need arises.

 

RULE 27: CODE OF CONDUCT FOR OFFICERS AND MEMBERS

All officers and members of the Association shall observe and conform to the code of conduct as specified in the Appendix to the Constitution. The Association’s staff Conditions of Service shall be in line with the Conditions of Service prevailing in the industries/establishments which members of the Association are serving as employees.

 

RULE 28: ALLOWANCES AND BONUS

The National Executive Council shall determine allowances and bonus to be paid to any member of the Association or staff in relation to any good service, which he/she has rendered in the interest of the Association. All National officers shall be entitled to annual honorarium.

 

RULE 29: DISSOLUTION OF THE ASSOCIATION

  1. The Association shall not be dissolved, except by a resolution adopted by two thirds majority votes of members in a Special Delegates Conference called for that purpose. The voting shall be by secret ballot.

 

  1. In the event of dissolution of the Association as provided in this Constitution, the assets and liabilities of the Association shall be fully discharged and the remaining funds shall be divided among the members on equal shares.

 

 

 

  APPENDIX

                                                                        CODE OF PRACTICE

 

  1. No elected/appointed officer shall commit the Association to the cause of a particular political party.
  2. No elected officer shall invest the Association money into any business venture without the approval of the National executive.
  3. No elected officer shall commit the association into chronic indebtedness arising from spurious or reckless spending.
  4. No member(s) shall take the association or member(s) to court without availing him/herself of the grievance resolution procedures as spelt out in the constitution
  5. No elected officers or members shall allow his/her personal interest to override the interest of the association.
  6. No member shall hold more than one position within the association other than in the trade union congress or ITF.
  7. No member is allowed to fight or behave disorderly in the public
  8. No member must involve him/her self in criminal activities thereby bringing the name of the association into disrepute.
  9. No member shall use the name of the association to defraud the public or engage in illegal activities.
  10. No member or elected officer shall convert the association property to his/her personal property.
  11. No member shall engage in anti-union activities. Viz,

1 Disrespect to our constituted authority and encouraging other to do same.

2 Engage in activities that will cause disaffection among members

3 Divulge the association secrets to outsiders for personal gains.

4 Discourage members from paying their dues/levies

 

 

AIMS

The principal aims of the Code of Practice therefore are:

  1. To encourage the positive contribution which the trade unions can make to the economic and social progress of Nigeria.

 

  1. To minimize and resolve the difficulties to which their various operations can give rise to having regard to the laws, regulations, public policies and practices in force in the country.

 

  • To set standards and give practical guidance on the conduct of industrial relations and the development of policies to improve human relations in all types of employment.
  1. To ensure and encourage at all levels the conduct of industrial relations by means of collective bargaining, consultation and effective communications between employers and their organizations and strong representative trade UNIONS within a voluntary and legal machinery designed for the settlement of disputes and the provision of adequate safeguards for the free Association of workers on the one hand and employers on the other.

 

  1. To develop a vigilant, informed and active membership, conscious of its rights and interests and alive to its responsibilities in the operation of any trade union program as effective safeguard against abuses.

USE OF THE CODE FOR DISCIPLINARY ACTION

For Nigeria Merchant Navy Officers and Water Transport Senior Staff Association to observe any of its provisions, it shall in any proceedings for disciplinary action before a committee or tribunal under the Constitution of the Association, member(s) be admissible in evidence and any provision of the Code which appears to the tribunal or committee to be related to any question arising in the proceedings shall be taken into account by the committee in determining the issues under reference.