1. RCN ‘Rule 12’ : Consultation

2. Congress 2008 u RCN Islington Branch motion to ‘abolish Rule 12’ u Motion amended by Congress to ‘amend Rule 12’. Passed by 95% to 5% u RCN Council July 2008 seeks wider views of membership u Consultation closes Dec 31 st. Comment to Gerry.o’dwyer@rcn.org.uk or post to Employment Relations Department at RCN HQ

3. Rule 12 u “It is a fundamental principle of the College that its members shall not act in any way which is detrimental to the well being or interests of their patients or clients…...................” 12.1 u The Council will not authorise any form of industrial action unless satisfied that such form will not be detrimental to the wellbeing or interests of patients or clients’ 12.3

4. Congress 2008 Debate Views expressed related to Rule 12 being ; u Too slow, time consuming, ambiguous, fuzzy u The clause on ‘no harm’ to patients was unnecessary u Rule 12 was ‘fit for purpose and our strongest weapon to secure the support of the public’ u Perceived ‘delays’ on the indicative ballot (2007) were because of Rule 12 u What nurses cannot do rather than what they can do

5. The 2007 ‘Indicative Ballot’ and Rule 12 u Ballot not related to Rule 12 u Unions can trigger an indicative ballot on action at any time u If Rule 12 were to be changed/altered it would not stop the RCN running an indicative ballot again u Rule 12 is not the cause of ‘delay’

6. Possible matters for consideration u Is Rule 12 'fit for purpose' - does it support or inhibit the RCNs ability to initiate meaningful industrial action u Are there any amendments that could / should be made to make the Rule or Code clearer? u If amendments were made to Rule 12 what impact would this have on the perceived view of the College by the general public u What would the effect be of removing the phrase “It is a fundamental principle of the College that its members shall not act in any way which is detrimental to the well being or interests of their patients or clients’? u Is Rule 12 an aid or a hindrance to recruiting new members u Is there a feeling in the 'wider membership' that Rule 12 is an 'issue' and consequently needs to be changed u Does the RCN Code of Practice place burdens on the RCN decision making process that are not required by the statutory provisions on union balloting

7. Discussion u Make time to look at the RCN Rules, Charter, Code on Industrial Action and consultation document u Does any amendment need to be made to Rule 12 u What would that amendment be? u What would the effect be of any change: would for example public support be lost u You have to Dec 31 to respond

8. Responses u Gerry.o’dwyer@rcn.org.uk u By Post to Gerry O’Dwyer in ERD, RCN, HQ