Decisions

The Certification Officer's decisions in the cases brought to him are published as public documents. You can find here the full-text of all decisions made after August 2001 and a selection of key decisions made before then.

Click on one of the subject headings below to browse through the decisions under that subject, or use the search box to look for a particular decision.

Access to Accounting Records
Breach of Statutory Balloting Procedures
Breach of Union Rules
Certificates of Independence
Financial Irregularity
Mergers
Political Funds
Register of Members
Latest 5 decisions

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LAST 5 DECISIONS:

Subject: Breach of Union Rules
	Case Title:	Lally v Union of Construction, Allied Trades and Technicians
	Decision No.	D/16/08
	Decision Date:	21st October 2008
	Name of applicant:	Mr T Lally
	Name of Trade Union:	Union of Construction, Allied Trades and Technicians (UCATT)
	Summary:	The Certification Officer rejected the Claimant's claim that the union had breached its rules by allegedly failing to set out clearly the reasons why its General Council had rejected his appeal against a decision of the Executive Council. (Section 108A(1)).
Subject: Breach of Union Rules
	Case Title:	Thurbin v Prison Governors Association
	Decision No.	D/15/08
	Decision Date:	9th October 2008
	Name of applicant:	Mr W Thurbin
	Name of Trade Union:	Prison Governors Association (PGA)
	Summary:	The Claimant alleged that the Prison Governors Association had breached its rules in the procedure it used when expelling him from the Union. The Certification Officer upheld the complaint and ordered that his expulsion be set aside. (Section 108A (1))
Subject: Mergers
	Case Title:	B D Wedge Limited and Others v EEF West Midlands Association
	Decision No.	CO/1964/19
	Decision Date:	17th September 2008
	Name of applicant:	B D Wedge Limited and Others
	Name of Trade Union:	EEF West Midlands Association
	Summary:	The Claimants’ alleged that the recent ballot of the members of the EEF West Midlands Association, which had approved the proposed amalgamation to form a single EEF together with other regional associations, was legally flawed. It was alleged that aspects of the ballot breached section 99(3A) and/or 100C(3)(a) of the 1992 Act. The Certification Officer dismissed the complaints.
Subject: Breach of Union Rules
	Case Title:	Pascual v GMB
	Decision No.	D/13-14/08
	Decision Date:	29th August 2008
	Name of applicant:	Mr JR Pascual
	Name of Trade Union:	GMB
	Summary:	The Claimant made two complaints that the union breached a rule relating to the disciplinary procedures which resulted in the Claimant being expelled from the union.  The Certification Officer dismissed both complaints.  (Section 108A(1)(d).)
Subject: Breach of Statutory Balloting Procedures
	Case Title:	Staunton v UNISON
	Decision No.	D/11-12/08
	Decision Date:	16th May 2008
	Name of applicant:	Mr A Staunton
	Name of Trade Union:	UNISON: The Public Service Union
	Summary:	The Claimant complained that the Union had breached section 47(1) of the 1992 Act by unreasonably excluding him from standing as a candidate in its NEC elections in 2007 and had breached its rules by suspending him from office.  The Certification Officer upheld the complaint of breach of statute but made no enforcement order on the Union on the grounds that the Claimant had since been expelled from the Union and could not stand in any new election.  He dismissed the second complaint as being made out of time.  (Sections 47(1) and 108A(2) of the 1992 Act)

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