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Case Title: |
Searle v UNISON |
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Decision No. |
D/17-22/2010-11 |
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Decision Date: |
23rd July 2010 |
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Surname: |
Mr M Searle |
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Union Name: |
UNISON |
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Summary: |
The claimant alleged 6 breaches of union rule in relation to the election of stewards at the New Addington constituency of its Croydon Branch and disciplinary proceedings by the union. The Certification Officer found 2 breaches of union rule pertaining to the elections. He did not consider it appropriate to consider an enforcement order. |
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Case Title: |
Quigley v Educational Institute of Scotland |
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Decision No. |
D/9-14/10-11 |
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Decision Date: |
20th May 2010 |
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Surname: |
Mr P Quigley |
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Union Name: |
Educational Institute of Scotland |
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Summary: |
The Claimant alleged various breaches of the rules of the Institute following the imposition on him of a disciplinary penalty. The Certification Officer refused to make the declaration sought by the claimant. Some of the alleged breaches had been bought out of time. |
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Case Title: |
O'Hanlon v National Union of Teachers |
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Decision No. |
D/8/10 |
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Decision Date: |
4th March 2010 |
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Surname: |
Mr O'Hanlon |
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Union Name: |
National Union of Teachers (NUT) |
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Summary: |
The Claimant alleged a breach of Union rule in relation to the election of officers of the Liverpool Division of the NUT in 2009. Upon terms of settlement having been agreed by the parties on the day of the hearing, the application was dismissed upon withdrawal by the Claimant. |
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Case Title: |
Bedale v UNISON |
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Decision No. |
D/7/10 |
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Decision Date: |
25th February 2010 |
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Surname: |
Ms C Bedale |
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Union Name: |
UNISON |
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Summary: |
The Claimant alleged a breach of Union rule in relation to election of members to the Union's National Executive in 2009. The Certification Officer found a breach of Union rule. He did not consider it appropriate to make an enforcement order. |
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Case Title: |
Savage v Union of Shop,Distributive and Allied Workers |
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Decision No. |
D/51/09 |
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Decision Date: |
13th November 2009 |
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Surname: |
Mr T Savage |
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Union Name: |
Union of Shop,Distributive and Allied Workers |
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Summary: |
The Claimant alleged that the Union had breached its rules by the election of its Executive Council of two members from the same branch, one as President and the other as a Divisional Representative. The Certification Officer refused to make the declaration sought by the claimant. |
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Case Title: |
Mr R Lyons v Unite the Union (Amicus Section) |
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Decision No. |
D/48-50/09 |
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Decision Date: |
23rd October 2009 |
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Surname: |
Mr R Lyons |
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Union Name: |
Unite the Union (Amicus Section) |
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Summary: |
The Claimant complained that the union had breached section 52(2) and 48(6) 1992 Act and breach of Union rule in relation to election of the Joint General Secretary, Unite the Union (Amicus Section. The Certification Officer dismissed the complaints of breaches of Statue but found a breach of Union rule. He did not consider it appropriate to make an enforcement order with regard to the breach. |
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Case Title: |
Clarke v UNISON (No.2) |
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Decision No. |
D/46/09 |
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Decision Date: |
4th August 2009 |
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Surname: |
Mr E Clarke |
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Union Name: |
UNISON: The Public Service Union |
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Summary: |
The Claimant alleged that the Union had breached its rules in taking disciplinary action against him. The Certification Officer dismissed the complaint upon discontinuance by the Claimant. |
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Case Title: |
Fleming-Cooney v Unite the Union (Amicus Section) |
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Decision No. |
D/45/09 |
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Decision Date: |
23rd July 2009 |
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Surname: |
Mr M Fleming-Cooney |
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Union Name: |
Unite the Union (Amicus Section) |
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Summary: |
The Claimant made a complaint that the Union had allegedly breached its rules by its First Executive Council amending the Union's rules outside its powers to do so. The Certification Officer dismissed the complaint. |
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Case Title: |
Haynes, Potter, Mullen & McLinden v Solidarity |
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Decision No. |
D/37-44/09 |
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Decision Date: |
22nd July 2009 |
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Surname: |
Ms S Haynes, Mr C Potter, Mr C Mullen & Mr W McLinden |
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Union Name: |
Solidarity |
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Summary: |
The four Claimants made a total of seven complaints alleging breach of sections 30(2)(a), 47(2) and 49(2)(b) of the 1992 Act and breach of union rules. The complaint by Ms Haynes related to access to accounting records and was dismissed by the Certification Officer upon its withdrawal. The other complaints from Messrs Potter, Mullen and McLinden alleged breaches of statute and union rule relating to the elections to the National Executive, the appointment and removal of officers and posts and the calling of a special general meeting. The Certification Officer dismissed all the complaints. |
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Case Title: |
Mace v National Union of Mineworkers (NUM) |
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Decision No. |
D/31-34/09 |
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Decision Date: |
30th June 2009 |
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Surname: |
Mr S Mace |
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Union Name: |
National Union of Mineworkers (NUM) |
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Summary: |
Mr Mace brought five complaints of breach of union rule and breach of statute in relation to elections held in 2008 for a position on the National Executive. The Certification Officer upheld one complaint of breach of rule and dismissed the others. He upheld both complaints of breach of statute. He ordered that the results of the relevant election be set aside and ordered the union to hold a new election. |
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Case Title: |
Scargill v National Union of Mineworkers (NUM) |
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Decision No. |
D/26-30/09 |
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Decision Date: |
29th June 2009 |
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Surname: |
Mr A Scargill |
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Union Name: |
National Union of Mineworkers (NUM) |
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Summary: |
Mr Scargill made two complaints of breach of rules and three complaints of breach of statute in relation to elections held in 2008 for positions on the National Executive. The Certification Officer upheld one complaint of breach of rule and two complaints of breach of statute and dismissed the other complaints. He ordered that the results of the relevant elections be set aside and ordered the union to hold new elections. |
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Case Title: |
Clarke v UNISON |
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Decision No. |
D/25/09 |
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Decision Date: |
12th June 2009 |
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Surname: |
Mr Clarke |
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Union Name: |
UNISON |
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Summary: |
The claimant sought to make complaints to the Certification Officer that the Union had breached a number of its rules. Following correspondence with Mr Clarke, the Certification Officer, using his powers under section 256ZA of the 1992 Act struck out the complaints on the grounds of excessive delay in his proceeding with them. |
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Case Title: |
Harrison V Unite the Union (TGWU section) |
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Decision No. |
D/19-24/09 |
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Decision Date: |
4th June 2009 |
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Surname: |
Mr D Harrison |
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Union Name: |
Unite (TGWU section) |
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Summary: |
The Claimant alleged that the union had breached both the 1992 Act and its rules in relation to the elections to the First Executive Council of the Union in 2008. The Certification Officer dismissed the complaints. |
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Case Title: |
Radford v Equity |
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Decision No. |
D/12-18/09 |
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Decision Date: |
4th June 2009 |
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Surname: |
Mr R Radford |
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Union Name: |
Equity |
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Summary: |
The claimant alleged that the union had breached its rules in relation to the operation of its disciplinary procedures against him. At a preliminary hearing, the Certification Officer dismissed the application on the grounds that it was made out of time. |
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Case Title: |
Hough v Chartered Society of Physiotherapists |
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Decision No. |
D/11/09 |
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Decision Date: |
22nd May 2009 |
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Surname: |
Ms A Hough |
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Union Name: |
Chartered Society of Physiotherapists (CSP) |
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Summary: |
The claimant sought to make a complaint to the Certification Officer that the Union had breached its rules in relation to its duties towards its members. Following correspondence with Ms Hough the Certification Officer, using his powers under section 256ZA of the 1992 Act struck out the complaint on the grounds that is had no reasonable prospect of success and/or was otherwise misconceived. |
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Case Title: |
McGinnes v Unite the Union (Amicus Section) |
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Decision No. |
D/10/09 |
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Decision Date: |
12th March 2009 |
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Surname: |
Mr J McGinnes |
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Union Name: |
Unite the Union (Amicus Section) |
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Summary: |
The Claimant alleged the Union had breached a rule of the union relating to its disciplinary procedures. The Certification Officer ordered the complaint to be struck out on the grounds that it had no reasonable prospect of success. |
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Case Title: |
Carabine v Communication Workers Union (No.2) |
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Decision No. |
D/8/09 |
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Decision Date: |
26th February 2009 |
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Surname: |
Mr S Carabine |
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Union Name: |
Communication Workers Union (CWU) |
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Summary: |
The Claimant alleged a breach of rule relating to his entitlement to stand for election as a lay representative in his branch. The Certification Officer dismissed the complaint. |
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Case Title: |
Berry v UNISON |
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Decision No. |
D/9/09 |
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Decision Date: |
26th February 2009 |
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Surname: |
Mr S Berry |
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Union Name: |
UNISON - The Public Service Union |
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Summary: |
The claimant alleged that the union had breached its rules in relation to the holding of elections in his branch. The claimant withdrew his complaint and the Certification Officer dismissed it upon withdrawal. |
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Case Title: |
Roberts v UNISON (No3) |
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Decision No. |
D/2-6/09 |
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Decision Date: |
21st January 2009 |
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Surname: |
Mr D Roberts |
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Union Name: |
UNISON |
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Summary: |
The Claimant made five complaints alleging that the Union had breached its rules in relation to disciplinary action being taken against him. The Certification Officer dismissed the complaints. |
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Case Title: |
Finlay v Unite the Union (TGWU Section) (No2) and (No3) |
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Decision No. |
D/19-24/08 |
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Decision Date: |
16th December 2008 |
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Surname: |
Mr E Finlay |
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Union Name: |
Unite the Union (TGWU Section) |
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Summary: |
The Claimant made six complaints that the Union had breached its rules in relation to the management of his branch of the Union. All complaints were dismissed. |
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Case Title: |
Lally v Union of Construction, Allied Trades and Technicians |
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Decision No. |
D/16/08 |
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Decision Date: |
21st October 2008 |
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Surname: |
Mr T Lally |
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Union Name: |
Union of Construction, Allied Trades and Technicians (UCATT) |
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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)).
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Case Title: |
Thurbin v Prison Governors Association |
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Decision No. |
D/15/08 |
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Decision Date: |
9th October 2008 |
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Surname: |
Mr W Thurbin |
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Union Name: |
Prison Governors Association (PGA) |
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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))
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Case Title: |
Pascual v GMB |
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Decision No. |
D/13-14/08 |
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Decision Date: |
29th August 2008 |
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Surname: |
Mr JR Pascual |
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Union Name: |
GMB |
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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).) |
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Case Title: |
Staunton v UNISON |
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Decision No. |
D/11-12/08 |
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Decision Date: |
16th May 2008 |
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Surname: |
Mr A Staunton |
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Union Name: |
UNISON: The Public Service Union |
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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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Case Title: |
Bakhsh v UNISON (No.2) |
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Decision No. |
D/6-10/08 |
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Decision Date: |
16th May 2008 |
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Surname: |
Mr Y Bakhsh |
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Union Name: |
UNISON: The Public Service Union |
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Summary: |
The Claimant made four complaints that the union had breached its rules in relation to his suspension and a complaint that the union breached section 47(1) of the 1992 Act by unreasonably excluding him from standing for election. The Certification Officer dismissed the breach of statute complaint and two of the complaints of breach of rule but found that the Claimant had been suspended from office in breach of the union's rules. He issued an enforcement order requiring the union to withdraw the suspension.(Sections 47(1) and 108A(2) of the 1992 Act) |
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Case Title: |
Barker v National Association of Colliery Overmen, Deputies and Shotfirers |
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Decision No. |
D/4-5/08 |
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Decision Date: |
29th February 2008 |
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Surname: |
Mr J Barker |
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Union Name: |
National Association of Colliery Overmen, Deputies and Shotfirers (NACODS) |
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Summary: |
The Claimant made two complaints: that the union had breached its rules governing the subscriptions payable by honorary members and had breached section 25(1) of the 1992 Act by failing to compile and maintain an accurate and up to date register of its members. The Certification Officer dismissed the first complaint as being outside his jurisdiction and the Claimant withdrew the second complaint, following discussions with the Union. (Sections 108A(1) and 25(1) of the 1992 Act). |
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Case Title: |
Parry v Unite the Union (Amicus Section) |
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Decision No. |
D/3/08 |
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Decision Date: |
1st February 2008 |
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Surname: |
Mr H Parry |
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Union Name: |
Unite the Union (Amicus Section) |
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Summary: |
In an application made under section 108A(1) of the 1992 Act, Mr Parry alleged that the union had failed to follow the procedures set out in a National Agreement for the Engineering Construction Industry and that that agreement was part of the rules of the union. Following correspondence with Mr Parry the Certification Officer, using his powers under section 256ZA of the 1992 Act, struck out the complaint on the grounds that it had no reasonable prospect of success or was otherwise misconceived. |
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Case Title: |
Narain v Unite the Union (AMICUS Section) |
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Decision No. |
D/1-2/08 |
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Decision Date: |
3rd January 2008 |
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Surname: |
Mr P Narain |
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Union Name: |
Unite the Union (AMICUS Section) |
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Summary: |
The Claimant made two complaints against Amicus (subsequently "Unite the Union") arising out of his suspension as a lay union representative in 2005 and the disciplinary charge laid against him in 2007. The Certification Officer made the declaration sought in the first complaint and issued an enforcement order that the union shall treat the Claimant's suspension from office between October 2005 and January 2007 as invalid and ineffective. The Certification Officer refused to make the declaration sought by the Claimant in his second complaint.
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Case Title: |
Corrigan v GMB (No 2) |
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Decision No. |
D/35-36/07 |
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Decision Date: |
23rd November 2007 |
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Surname: |
Ms D Corrigan |
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Union Name: |
GMB |
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Summary: |
The Claimant alleged that the union had breached its rules by removing her from an office of the union. The complaints were dismissed. |
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Case Title: |
Paul v Union of Construction Allied Trades and Technicians (UCATT) |
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Decision No. |
D/37-40/07 |
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Decision Date: |
23rd November 2007 |
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Surname: |
Mr G Paul |
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Union Name: |
Union of Construction Allied Trades and Technicians |
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Summary: |
The Claimant alleged four breaches of the rules of the union relating to disciplinary action taken against him in 2004. Following a preliminary hearing, three complaints were dismissed on the grounds that the complaints were out of time and that they were outside the jurisdiction of the Certification Officer. The fourth complaint was dismissed on the grounds that it was out of time and had no reasonable prospect of success. |
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Case Title: |
Darken v POA (No 2) |
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Decision No. |
D/32-34/07 |
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Decision Date: |
16th November 2007 |
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Surname: |
Mr A Darken |
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Union Name: |
POA |
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Summary: |
The Claimant alleged three breaches of the rules of the Union relating to disciplinary action taken against him. The Certification Officer upheld one of the complaints and made an enforcement order. The other two complaints were dismissed.
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Case Title: |
Finlay v Unite the Union (TGWU Section) |
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Decision No. |
D/28-30/07 |
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Decision Date: |
30th October 2007 |
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Surname: |
Mr E Finlay |
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Union Name: |
Unite the Union (TGWU Section) |
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Summary: |
Three complaints of alleged breaches of union rule relating to the holding of branch meetings and branch elections. One complaint was found to be outside the statutory jurisdiction of the Certification Officer and one complaint was found to be outside the statutory time limitations. All three complaints were dismissed. (Section 108A(2)(a) and (d) of the 1992 Act) |
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Case Title: |
Lee v National Association of Schoolmasters Union of Women Teachers (No. 4) |
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Decision No. |
D/24-27/07 |
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Decision Date: |
19th October 2007 |
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Surname: |
Ms F M Lee |
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Union Name: |
National Association of Schoolmasters Union of Women Teachers |
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Summary: |
Four complaints of alleged breaches of union rule relating to the elections held by the Islington Local Association of the union in 2006. The Certification Officer refused to make the declarations sought in respect of all four complaints. (Section 108A(2)(a) of the 1992 Act). |
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Case Title: |
Lee v National Association of Schoolmasters Union of Women Teachers (No. 3) |
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Decision No. |
D/19-23/07 |
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Decision Date: |
18th October 2007 |
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Surname: |
Ms F M Lee |
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Union Name: |
National Association of Schoolmasters Union of Women Teachers (NASUWT) |
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Summary: |
Five complaints alleging breaches of union rule relating to the union's 2006 Special Conference. The Claimant withdrew one complaint at the hearing, the Certification Officer dismissed three of the complaints and made the declaration sought by the Claimant in the remaining complaint. No enforcement order was issued in the complaint which was upheld. (Section 108A(2)(d) of the 1992 Act). |
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Case Title: |
Eager v Equity |
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Decision No. |
D/17/07 |
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Decision Date: |
5th September 2007 |
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Surname: |
Mr D Eager |
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Union Name: |
Equity (incorporating the Variety Artistes Federation) |
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Summary: |
The claimant alleged breach of union rule relating to the appointment of a person to an office of the union (section 108A(2)(a) of the 1992 Act). The complaint was dismissed by the Certification Officer upon withdrawal by the claimant. |
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Case Title: |
Taylor v Musicians' Union (No 2) |
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Decision No. |
D/16/07 |
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Decision Date: |
13th July 2007 |
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Surname: |
Mr J E Taylor |
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Union Name: |
Musicians' Union |
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Summary: |
In an application made under section 108A(1) of the 1992 Act the Claimant alleged a breach of rule relating to the right of retired members of the union to propose motions to regional committees. The Certification Officer refused to grant the declaration and dismissed the complaint. |
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Case Title: |
Corrigan v GMB (No 3) |
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Decision No. |
D/15/07 |
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Decision Date: |
3rd July 2007 |
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Surname: |
Ms D Corrigan |
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Union Name: |
GMB |
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Summary: |
In an application made under section 108A(1) of the 1992 Act, Ms Corrigan alleged a breach of rule relating to the eligibility of Mr Kenny, the union's general secretary, for election to office based on his membership of the union's pension scheme. Following correspondence with the parties the Assistant Certification Officer, using his powers under section 256ZA of the 1992 Act, struck out the complaint on the grounds that it had no reasonable prospect of success and was otherwise misconceived. |
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Case Title: |
King v GMB (No 2) |
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Decision No. |
D/13-14/07 |
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Decision Date: |
22nd March 2007 |
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Surname: |
Mr C King |
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Union Name: |
GMB |
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Summary: |
In an application made under section 108A(1) of the 1992 Act Mr King alleged breaches of rule relating to the proceedings of the union's London Regional Committee. The claimant had appealed against a decision of his branch on a local grievance he had raised. It was alleged that the Regional Committee, in breach of rule, had refused to hear his appeal by way of written submissions only. The Certification Officer made one of the two declarations sought but declined to make an enforcement order.
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Case Title: |
Corrigan v GMB (2) |
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Decision No. |
D/11-12/07 |
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Decision Date: |
20th March 2007 |
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Surname: |
Ms D Corrigan |
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Union Name: |
GMB |
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Summary: |
In an application under section 108A(1) of the 1992 Act the claimant alleges breaches of the union's rules. At a preliminary hearing, it was argued by the union that the Great Britain Certification Officer had no jurisdiction to hear those claims, as the alleged breaches were said to have occurred in Northern Ireland. It was decided that the Certification Officer had jurisdiction to determine the complaints. |
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Case Title: |
Irving v GMB |
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Decision No. |
D/6-9/07 |
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Decision Date: |
16th March 2007 |
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Surname: |
Mr A Irving |
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Union Name: |
GMB |
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Summary: |
Four complaints arising out of actions taken against the President of the GMB's Yorkshire and North Derbyshire Region in 2006. Three of the complaints arose out of the President's suspension from office in January 2006. The fourth complaint arose from disciplinary charges brought against him in July 2006. The Certification Officer refused to make the declarations sought on all four complaints. |
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Case Title: |
Massey v UNIFI |
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Decision No. |
D/62-78/06 |
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Decision Date: |
22nd December 2006 |
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Surname: |
Mrs S Massey |
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Union Name: |
UNIFI |
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Summary: |
Seventeen complaints were made that the union had acted in breach of its rules in taking disciplinary action against the claimant and debarring her from office within the union (section 108A(2) (a) and (b) of the 1992 Act). It was found that the union had acted in breach of its rules in respect of seven of these complaints. Of the other ten complaints, three were withdrawn shortly before the hearing; five were dismissed and two were found not to be within the Certification Officer's jurisdiction. No enforcement order was made. |
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Case Title: |
Thompson v Society of Local Council Clerks |
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Decision No. |
D/44-55/06 |
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Decision Date: |
30th November 2006 |
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Surname: |
Mr T Thompson |
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Union Name: |
Society of Local Council Clerks |
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Summary: |
Alleged breach of rules on disciplinary action and the constitution or proceedings of a decision-making meeting (section 108A(2)(b)& (d) of the 1992 Act). The complaint was dismissed by the Certification Officer on 30 November 2006 upon withdrawal by the claimant. |
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Case Title: |
Doyle v GMB |
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Decision No. |
D/1/06 |
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Decision Date: |
1st November 2006 |
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Surname: |
Mr J Doyle |
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Union Name: |
GMB |
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Summary: |
The appointment or election of a person to any office. The complaint was that the union, in breach of its rules, failed to seek nominations from its branches, forthwith, for the vacant post of General Secretary following the resignation of the previous General Secretary in April 2005. The Assistant Certification Officer (Mr Whybrew), in making the declaration sought by the claimant, found that the union had breached its rules. The Assistant Certification Officer found it was not appropriate to issue an enforcement order on the union as the union had, following its procedures, amended the rule at its Congress in June 2005. (Section 108A(2)(a) of the 1992 Act.) |
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Case Title: |
Watkins v Amicus |
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Decision No. |
D/34/06 |
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Decision Date: |
18th September 2006 |
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Surname: |
Mr B Watkins |
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Union Name: |
Amicus |
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Summary: |
The appointment or election of a person to any office (section 108(2)(a) of the 1992 Act). An application of alleged breach of rule in relation to the election of a safety representative was dismissed. |
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Case Title: |
Greig v POA |
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Decision No. |
D/32-33/06 |
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Decision Date: |
30th August 2006 |
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Surname: |
Mr A Greig |
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Union Name: |
POA |
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Summary: |
Disciplinary proceedings by the union. Two complaints made that the union had breached its rules on disciplinary proceedings. Following correspondence, and after a hearing had been arranged, the claimant withdrew the complaints and the Certification Officer dismissed the application on withdrawal by the claimant. (Section 108B(2)(b) of the 1992 Act.) |
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Case Title: |
Harrington v National Union of Rail Maritime and Transport Workers (RMT) |
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Decision No. |
D/29-31/06 |
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Decision Date: |
3rd August 2006 |
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Surname: |
Mr P Harrington |
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Union Name: |
National Union of Rail, Maritime and Transport Workers (RMT) |
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Summary: |
Disciplinary proceedings by the union. Three complaints made that the union was in breach of its rules relating to disciplinary action taken against the claimant. As a preliminary point the Assistant Certification Officer directed there should be a preliminary hearing to determine whether the complaints had been brought to the Certification Officer within the time limit provisions of subsections (6) and (7) of section 108A of the 1992 Act. Following the preliminary hearing the Assistant Certification Officer dismissed the complaints for having been brought out of time. (Section 108A(2)(b) of the 1992 Act.) |
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Case Title: |
Worboys v Associated Society of Locomotive Engineers and Firemen (ASLEF) |
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Decision No. |
D/28/06 |
|
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Decision Date: |
20th July 2006 |
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Surname: |
Mr L Worboys |
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Union Name: |
Associated Society of Locomotive Engineers and Firemen (ASLEF) |
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Summary: |
Disciplinary proceedings by the union. Complaint made that the union had failed to follow its disciplinary rules. The parties reached a settlement part way through the hearing. The Certification Officer dismissed the application upon withdrawal by the claimant. (Section 108A (2)(b) of the 1992 Act.) |
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Case Title: |
Baker & Others v National Federation of SubPostmasters (NFSP) |
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Decision No. |
D/27/06 |
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Decision Date: |
12th July 2006 |
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Surname: |
Mr M Baker, Mr J Beswick, Mr G Jackson, Mr M Roger |
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Union Name: |
National Federation of SubPostmasters (NFSP) |
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Summary: |
The constitution or proceedings of any executive committee or of any decision-making meeting. Complaint made by four members that the Federation had acted in breach of rule by failing to follow the required procedure before applying the funds of the Federation in support of a libel action brought by the general secretary against an ex-branch official. The Certification Officer found that the Federation had acted in breach of the procedure provided for in the rules but did not make an enforcement order on the Federation. (Section 108A(2)(d) of the 1992 Act.) |
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Case Title: |
Brady v Associated Society of Locomotive Engineers and Firemen (ASLEF) |
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Decision No. |
D/24-26/06 |
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Decision Date: |
2nd June 2006 |
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Surname: |
Mr S Brady |
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Union Name: |
Associated Society of Locomotive Engineers and Firemen (ASLEF) |
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Summary: |
Disciplinary proceedings by the union. Three complaints made that the union was in breach of its rules relating to the claimant's disciplinary hearing and appeal. As a preliminary point the Certification Officer directed there should be a preliminary hearing to determine whether the complaints had been brought to the Certification Officer within the time limit provisions of subsections (6) and (7) of section 108A of the 1992 Act and whether the claimant had taken all reasonable steps to resolve the claim by the use of any internal complaints procedure of the union (section 108B(1) of the 1992 Act). Shortly before the hearing of this matter two of the three complaints were withdrawn. Following the preliminary hearing the Certification Officer dismissed the remaining complaint for having been brought out of time. (Section 108A(2)(b) of the 1992 Act.) |
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Case Title: |
Cairns v GMB |
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Decision No. |
D/22-23/06 |
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Decision Date: |
23rd May 2006 |
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Surname: |
Mr J Cairns |
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Union Name: |
GMB |
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Summary: |
The appointment or election of a person to any office and/or disciplinary proceedings by the union. Complaints made that the union was in breach of its rules by allegedly suspending and debarring the claimant from office. Following correspondence, and after a hearing had been arranged, the claimant withdrew the complaints and the Certification Officer dismissed the application on withdrawal by the claimant. (Sections 108A(2)(a) and/or(b) of the 1992 Act.) |
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Case Title: |
Gill v Amicus |
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Decision No. |
D/21/06 |
|
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Decision Date: |
10th May 2006 |
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Surname: |
Mr P Gill |
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Union Name: |
Amicus |
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Summary: |
The appointment or election of a person to any office. Complaint alleged that the union breached its rules by accepting a change of rule to the rules of procedure and standing orders of a local shop stewards committee. Following correspondence and action by the union, the claimant withdrew the complaint and the Certification Officer dismissed the application on withdrawal by the claimant. (Section 108A(2)(a) of the 1992 Act) |
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Case Title: |
Tyrell v National Association of Schoolmasters Union of Women Teachers (NASUWT) |
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Decision No. |
D/35-41/06 |
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Decision Date: |
10th May 2006 |
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Surname: |
Mr I Tyrell |
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Union Name: |
National Association of Schoolmasters Union of Women Teachers (NASUWT) |
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Summary: |
Complaints were made that the union breached its rules relating to the Annual General Meeting of the Islington Local Association of the union and the election of officers. The Certification Officer refused to make the declarations sought by the claimant. In three of the seven complaints the Certification Officer found that he did not have jurisdiction. (Sections 108A(2)(a) and (d) of the 1992 Act). |
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Case Title: |
Lee v National Association of Schoolmasters Union of Women Teachers (NASUWT) |
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Decision No. |
D/8-19/06 |
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Decision Date: |
28th April 2006 |
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Surname: |
Ms F Lee |
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Union Name: |
National Association of Schoolmasters Union of Women Teachers (NASUWT) |
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Summary: |
Disciplinary proceedings of the union. In a series of twelve complaints relating to disciplinary action taken against the claimant, and her subsequent appeal, the Certification Officer found that the union had breached its rules in respect of two of the twelve complaints made. In respect of the other ten complaints, the Certification Officer refused to make the declarations sought by the claimant. In this case the Certification Officer considered it was inappropriate to make an enforcement order on the Association in respect of the 2 complaints which were upheld. (Section 108A(2)(b) of the 1992 Act.) |
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Case Title: |
King v GMB |
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Decision No. |
D/4-7/06 |
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Decision Date: |
15th February 2006 |
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Surname: |
Mr C King |
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Union Name: |
GMB |
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Summary: |
Disciplinary proceedings by the union. Four complaints alleging breaches of the union's rules relating to disciplinary action taken by the claimant's branch and the actions of the union's London Regional Committee. In making one of the four declarations sought the Assistant Certification Officer (Mr Whybrew) found that the union had breached its rules by the branch suspending the claimant from benefit. In dismissing three other complaints the Assistant Certification Officer found that two of the complaints were outwith his jurisdiction. The Assistant Certification Officer found it was not appropriate to issue an enforcement order. (Section 108A(2)(b) of the 1992 Act.) |
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Case Title: |
Horton v UNISON: The Public Service Union |
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Decision No. |
D/3/05 |
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Decision Date: |
2nd November 2005 |
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Surname: |
Mr J Horton |
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Union Name: |
UNISON: The Public Service Union |
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Summary: |
The appointment or election of a person to, or the removal of a person from, any office: Complaint alleged that the union was in breach of its rules when a branch failed to elect or confirm the election of a branch representative. In refusing to make the declaration sought the Certification Officer found that the claimant was not a member of the union at the relevant time. (Section 108A(2)(a) of the 1992 Act) |
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Case Title: |
Evans v Fire Brigades Union |
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Decision No. |
D/2/05 |
|
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Decision Date: |
2nd October 2005 |
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Surname: |
Mr G Evans |
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Union Name: |
FIre Brigades Union (FBU) |
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Summary: |
The appointment or election of a person to, or the removal of a person from, any office: Complaint alleged that the union was in breach of its rules by failing to hold an election for a post on the union's executive and that a person remained in post on the executive without being subject to re-election. Following correspondence, the claimant withdrew his complaint. The Certification Officer's decision dismissed the complaint on withdrawal by the claimant. (Section 108A(2)(a) of the 1992 Act) |
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Case Title: |
Gallagher v UNISON |
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Decision No. |
D/5/05 |
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Decision Date: |
4th August 2005 |
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Surname: |
Ms B Gallagher |
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Union Name: |
UNISON - The Public Service Union |
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Summary: |
Disciplinary proceedings by the union. Claimant alleged that the union had imposed a further disciplinary penalty on her in breach of union rule. In upholding the complaint, the Certification Officer found that the union's NEC, by its adoption of a policy which had the effect of endorsing a decision to exclude the claimant from attending a union conference had breached its disciplinary rule. The Certification Officer, in issuing an enforcement order, ordered the union to consider any future application from the claimant to attend any union conference without regard to the policy of exclusion adopted by its NEC. (Section 108A(2)(b) of the 1992 Act.)
Note: This decision was appealed by UNISON to the Employment Appeal Tribunal (EAT). In a judgement delivered on 28 July 2005 (UKEAT/0280/05/MAA) it was found that it could not properly be said that the union had imposed a disciplinary penalty on Ms Gallagher and that the Certification Officer should not have found the union to have acted in breach of its disciplinary rules. The EAT substituted it own decision for that of the Certification Officer and dismissed Ms Gallagher's application.
The full text of the EAT decision can be found on the EAT website at www.employmentappeals.gov.uk |
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Case Title: |
Walbourn v British Air Line Pilots Association (BALPA) |
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Decision No. |
D/30-34/05 |
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Decision Date: |
14th July 2005 |
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Surname: |
Mr M Walbourn |
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Union Name: |
British Air Line Pilots Association (BALPA) |
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Summary: |
The balloting of members on any issue other than idustrial action: Claimant alleged that the union had breached its rules by a section of the union conducting a pay consultative ballot of the section members. In refusing to make the declarations sought, the Certification Officer found that the rules of the union did not require the section to conduct the ballot in accordance with the disputed rule or to obtain the prior appoval of the union's National Executive Council for the holding of the ballot. (Section 108A(2)(c) of the 1992 Act. |
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Case Title: |
Moore v UNISON |
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Decision No. |
D/28/05 |
|
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Decision Date: |
28th April 2005 |
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Surname: |
Mr P Moore |
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Union Name: |
UNISON - the Public Service Union |
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Summary: |
Disciplinary proceedings by the union. The claimant alleged that the union had breached its rules by restricting the number of witnesses that he could call at his disciplinary hearing. The Certification Officer found that the union's decision to restrict the number of witnesses the claimant could call was not unreasonable in the circumstances of this case and that accordingly there was no breach of the particular rule alleged by the claimant to have been breached. The Certification Officer makes further observations in this decision about limiting the number of witnesses at disciplinary hearings. (Section 108A(2)(b) of the 1992 Act. |
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Case Title: |
Trumm v Associated Society of Locomotive Engineers and Firemen |
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Decision No. |
D/16-27/05 |
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Decision Date: |
27th April 2005 |
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Surname: |
Mr S Trumm |
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Union Name: |
Associated Society of Locomotive Engineers and Firemen (ASLEF) |
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Summary: |
Complaints that the union breached its rules in respect of the actions of the union's executive committee and general secretary and also in respect of disciplinary action taken against the claimant. Following correspondence the claimant withdrew the complaints and they were dismissed by the Certification Officer on the claimant's withdrawal. (Sections 108A(2)(b) and (d) of the 1992 Act.) |
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Case Title: |
Scobie v Transport and General Workers Union (No. 1) |
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Decision No. |
D/6-14/05 |
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Decision Date: |
25th April 2005 |
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Surname: |
Mr W Scobie |
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Union Name: |
Transport and General Workers Union (TGWU) |
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Summary: |
The appointment or election of a person to any office; disciplinary proceedings by the union and the constitution or proceedings of any executive committee. In a series of nine complaints it was alleged that the union had breached its rules in matters relating to the behaviour of officers and employees of the union; the appointment of officers of the union and the application of the union's disciplinary process. The complaints arose out of the election of the union's general secretary, its subsequent internal investigation and related matters. In dismissing all nine complaintsthe Assistant Certification Officer (Mr Whybrew) found that the union had not breached its rules in respect of seven of the complaints and that he did not have the jurisdiciton to determine the other two complaints as the disciplinary action was taken against employees of the union and the Certificatin Officer is prevented by section 108A(5)(b) of the 1992 Act from hearing such complaints. (Section 108A(2)(a)(b) and (d) of the 1992 Act.) |
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Case Title: |
Scobie v Transport and General Workers Union (No. 2) |
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Decision No. |
D/15/05 |
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Decision Date: |
25th April 2005 |
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Surname: |
Mr W Scobie |
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Union Name: |
Transport and General Workers Union (TGWU) |
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Summary: |
The appointment or election of a person to any office. In a complaint concerning the appointment by the union of a National Secretary to one of its component Groups, the Assistant Certification Officer (Mr Whybrew) found that the union had acted in breach of its rules by making the appointment. In issuing an enforcement order on the union the Assistant Certifcation Officer ordered that the officer should cease forthwith to hold office, or carry out thte functions, of the post unless or until appointed in accordance with the rules of the union. (Section 108A(2)(a) of the 1992 Act. |
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Case Title: |
King, King and Gold v Transport and General Workers Union |
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Decision No. |
D/37/05 |
|
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Decision Date: |
10th April 2005 |
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Surname: |
Mr G King, Mr M King, Mr P Gold |
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Union Name: |
Tansport and General Workers Union (TGWU) |
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Summary: |
Disciplinary proceedings by the union. Complaint made that the union acted in breach of its rules when the members were suspended from their branch. Following correspondence and action by the union, the claimants withdrew the complaint and the complaint was dismissed by the Certification Officer on the grounds of the claimants' withdrawal. (Section 108A(2)(b) of the 1992 Act. |
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Case Title: |
Eadie v Amicus |
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Decision No. |
D/4/05 |
|
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Decision Date: |
17th March 2005 |
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Surname: |
Mr R W Eadie |
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Union Name: |
Amicus |
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Summary: |
The appointment or election of a person to, or the removal of a person from, any office. Complaint alleged that the union was in breach of rule during an election held at an annual Regional Political Conference of the union held in Scotland. In upholding the complaint the Certification Officer made the declaration sought but, in the circumstances of the case, decided that it was not appropriate to make an enforcement order on the union. (Section 108A(2)(a)) |
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Case Title: |
Cook v RMT |
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Decision No. |
D/21-28/04 |
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Decision Date: |
21st December 2004 |
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Surname: |
Mr C Cook |
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Union Name: |
National Union of Rail, Maritime and Transport Workers (RMT) |
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Summary: |
The appointment or election of a person to any office; balloting of members on any issue other than industrial action and the constitution or proceedings of any executive committee. Seven complaints of breaches of union rule arising out of the actions of the union's General Secretary at the time of the union's election of its President in 2003. The complaints were heard by the Assistant Certification Officer who dismissed six complaints and found he did not have the jurisdiction to determine the seventh complaint. (Sections 108A(2)(a); 108A(2)(c) and 108A(2)(d) of the 1992 Act).
See also decision on complaint of breach of statutory requirements on balloting arising out of the same matter. |
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Case Title: |
Fenton v GMB |
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Decision No. |
D/16-20/04 |
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Decision Date: |
22nd October 2004 |
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Surname: |
Mr M Fenton |
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Union Name: |
GMB |
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Summary: |
Disciplinary poceedings by the union (including expulsion) (subsection (b) of section 108A(2) and the constitution or proceedings of any executive committee or a decision-making meeting (subsection (d) of section 108A(2)). In dismissing five complaints of alleged breach of rule made by the applicant, the Certification Officer concluded that he did not have jurisdiction in four of the five complaints. |
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Case Title: |
Lynch v UNIFI |
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Decision No. |
CO/1964/18 |
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Decision Date: |
7th October 2004 |
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Surname: |
Mrs P Lynch |
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Union Name: |
UNIFI |
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Summary: |
The balloting of members on any issue other than industrial action (section 108A(2)(a) of the 1992 Act. Complaint made that UNIFI had allegedly breached its rule by its General Secretary breaching his duty under rule to be responsible to the union's NEC for the administration of the maintenance of the union's record of members.
In dismissing the complaint, the Certification Officer found that he did not have the jurisdiction under section 108A(2) of the 1992 Act to hear the complaint. See also the Certification Officer's decisions on Merger and Register of Members complaints made by the same applicant. |
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Case Title: |
Killian v Unison: the Public Service Union |
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Decision No. |
D/14/04 |
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Decision Date: |
6th October 2004 |
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Surname: |
Mr M Killian |
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Union Name: |
Unison: the Public Service Union |
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Summary: |
The appointment or election of a person to, or the removal of a person from, any office (section 108A(2)(a) of the 1992 Act); complaint alleged that the union was in breach of its election procedures for its 2003 National Executive election. Following receipt of the union's response to his complaint, the applicant withdrew the complaint. The Certification Officer's decision dismissed the complaint on withdrawal by the applicant. |
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Case Title: |
Saunders v Musicians' Union (no.2) |
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|
Decision No. |
D/13/04 |
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Decision Date: |
9th September 2004 |
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Surname: |
Mr G Saunders |
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Union Name: |
The Musicians' Union |
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Summary: |
The balloting of members on any issue other than industrial action. Complaint made that the union had breached its rules by an alleged failure to issue a rule change ballot without ensuring that the union's membership had the opportunity to discuss the proposals before a ballot vote of the membership. In refusing to make the declaration sought, the Certification Officer concluded that the rule in question was not unclear or ambiguous and that there was not sufficient reason to give the rule anything other than its ordinary literal meaning and that therefore the rule had not been breached. The decision was delivered orally on 9 September 2004. The written decision, with reasons, was issued on 23 September 2004 |
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Case Title: |
Paul v Union of Construction, Allied Trade and Technicians |
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Decision No. |
D/7-12/04 |
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|
Decision Date: |
15th July 2004 |
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Surname: |
Mr G Paul |
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Union Name: |
Union of Construction, Allied Trades and Technicians (UCATT) |
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Summary: |
The appointment or election of a person to, or the removal of a person from any office and disciplinary proceedings by the union. Six complaints that the union had breached its rules by an alleg4d failure to investigate allegations laid before the Scottish Regional Secretary of the union concerning the union's election, held in December 2002, for its Scottish Regional Council 2003, that members of the union had used their position to further candidates in the election. In refusing to make any of the six declarations sought the Certification Officer found that the union had not breached any of the rules in question. Decision handed down 15 July 2004. Written reasons sent to the parties 20 August 2004. |
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Case Title: |
Howley v Graphical Paper and Media Union (GPMU) |
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|
Decision No. |
D/6/04 |
|
|
Decision Date: |
18th June 2004 |
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Surname: |
Mr T Howley |
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Union Name: |
Graphical Paper and Media Union (GPMU) |
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Summary: |
Constitution or proceedings of any executive committee or of any decision-making meeting and/or disciplinary proceedings by the union. Complaint that the union had breached its rules when its Biennial Delegates Conference (BDC) carried an amendment to its rules which removed retired members from membership of the union. In refusing to make the declaration sought the Certification Officer found that the union's BDC had the power to amend the union's rules and that the rules of the union had not breached section 108A(2) (d) and/or (b) of the 1992 Act. |
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Case Title: |
Higney v Educational Institute of Scotland (EIS) |
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Decision No. |
D/4-5/04 |
|
|
Decision Date: |
21st May 2004 |
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Surname: |
Mr J Higney |
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Union Name: |
Educational Institute of Scotland (EIS) |
| |
Summary: |
The appointment or election of a person to, or the removal of a person from, any office and the constitution or proceedings of any executive committee or any decision-making meeting - in dismissing the complaints the Certification Officer found that the union had not breached its rules in the course of the transfer of engagements to it of the Scottish Further and Higher Education Association. |
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Case Title: |
Brooks v Union of Shop, Distributive and Allied Workers (USDAW) |
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Decision No. |
D/31-34/03 |
|
|
Decision Date: |
6th November 2003 |
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Surname: |
Mr D Brooks |
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Union Name: |
Union of Shop, Distributive and Allied Workers (USDAW) |
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Summary: |
The constitution or proceedings of any executive committee or any decision-making meeting - In dismissing the complaints the Certification Officer found that the union had not breached its rules arising out of an agreement between the union and its Officials' Association on the terms and conditions of employment of the union's full-time officials. (Section 108A(2)(d).) |
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Case Title: |
Fradley v The Transport Salaried Staffs' Association (TSSA) |
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|
Decision No. |
D/28-30/03 |
|
|
Decision Date: |
23rd October 2003 |
| |
Surname: |
Mrs R Fradley |
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Union Name: |
The Transport Salaried Staffs' Association (TSSA) |
| |
Summary: |
The constitution or proceedings of any executive committee or any decision-making meeting. Preliminary hearing held to determine whether the matters complained of came within the Certification Officer's jurisdiction under section 108A(2)(d) of the 1992 Act and whether the application to the Certification Officer had been brought within the statutory time limits of the 1992 Act.
In dismissing the three complaints made, the Certification Officer found that he did not have jurisdiction to determine the complaints. In the decision some guidance is given as to the extent of the Certification Officer's jurisdiction under section 108A(2)(d) of the 1992 Act and the circumstances in which the time limit for bringing a complaint to the Certification Officer can be extended beyond six months. |
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Case Title: |
Stokes v GMB |
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|
Decision No. |
D/24-27/03 |
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|
Decision Date: |
26th September 2003 |
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Surname: |
Mr R Stokes |
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Union Name: |
GMB |
| |
Summary: |
Appointment or election of a person to, or the removal of a person from, any office. Found that the union had breached a union rule when the union's National Returning Officer excluded the applicant from standing as a candidate in the union's election for the position of Deputy General Secretary. (Section 108A(2)(a) of the 1992 Act).Enforcement Order issued that the union should treat the election as void and of no effect and requiring the union, subject to the terms of the order, to conduct a further election, the result of which is to be declared no later than 31 March 2004.
See also Breach of Statutory Balloting Procedures decisions. |
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Case Title: |
Euers v Public and Commercial Services Union (PCS) |
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|
Decision No. |
D/22/03 |
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|
Decision Date: |
27th August 2003 |
| |
Surname: |
Mr E Euers |
| |
Union Name: |
Public and Commercial Services Union (PCS) |
| |
Summary: |
Constitution or proceeding of the executive committee - application that the union was in breach of union rule. Application dissmissed on withdrawal by applicant. (Section 108A(2)(d)) |
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Case Title: |
Carrigan v ASLEF |
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|
Decision No. |
D/21-35/01 Appeal |
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|
Decision Date: |
8th August 2003 |
| |
Surname: |
Mr J Carrigan |
| |
Union Name: |
Associated Society of Locomotive Engineers and Firemen (ASLEF) |
| |
Summary: |
Original decision (D/21-35/01) issued on 2nd March 2001. In this decision, issued 8 August 2003, the Certification Officer (CO) considers whether it was appropriate to make an enforcement order following the remittance of the case, by the EAT, to the CO following an EAT judgement which allowed an appeal in respect of one breach of union rule complaint. |
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Case Title: |
Hutchinson v Amicus |
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|
Decision No. |
D/20-21/03 |
|
|
Decision Date: |
11th July 2003 |
| |
Surname: |
Mr D Hutchinson |
| |
Union Name: |
Amicus |
| |
Summary: |
Appointment or election of a person, and/or the constitution or proceedings of the executive committee - application that the union was in breach of rule. Application dismissed upon withdrawal by the applicant. (Section 108A(2)(a) and/or (d)) |
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Case Title: |
Foster v Musicians' Union |
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|
Decision No. |
D/13-17/03 |
|
|
Decision Date: |
22nd May 2003 |
| |
Surname: |
Mr R O M Foster |
| |
Union Name: |
Musicians' Union (MU) |
| |
Summary: |
The Certification Officer found that the Union had not breached its rules or Article 6 of the European Convention of Human Rights by denying the Applicant access to certain material he had sought in connection with the Union's internal disciplinary proceedings, or by failing to hear a complaint brought against the Applicant by another member under the Union's internal disciplinary procedures within a reasonable time.
Two further complaints alleging breaches of the union's disciplinary rules were rejected as having been brought out of time.
See also Access to Accounting Records decisions. |
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Case Title: |
Dennison v Unison |
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|
Decision No. |
D/12/03 |
|
|
Decision Date: |
15th April 2003 |
| |
Surname: |
Ms D Dennison |
| |
Union Name: |
UNISON |
| |
Summary: |
Disciplinary proceedings by the union. The Certification Officer found that the suspension of the applicant's legal assistance from the union was disciplinary action taken against her in breach of the union's disciplinary rules. (Section 108A(2)(b) |
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Case Title: |
Kay v Musicians' Union (MU) |
|
|
Decision No. |
D/9-11/03 |
|
|
Decision Date: |
31st March 2003 |
| |
Surname: |
Mr D Kay |
| |
Union Name: |
Musicians' Union (MU) |
| |
Summary: |
Appointment or election of a person to, or the removal of a person from, any office - in two complaints the Certification Officer found that the union had not breached its rules in the election of the Vice Chairperson of its Executive Committee or in the election of the Chairperson of its London District Council. (Section 108A(2)(a))
In a third complaint relating to disciplinary proceedings by the union, the Certification Officer found that the union had not breached its rules in refusing to process the applicant's complaint against two members of the union's Executive Committee. (Section 108A(2)(b) |
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Case Title: |
Beaumont v Amicus |
|
|
Decision No. |
D/3-8/03 |
|
|
Decision Date: |
26th March 2003 |
| |
Surname: |
Mr D Beaumont |
| |
Union Name: |
Amicus |
| |
Summary: |
Appointment or election of a person to, or the removal of a person from, any office - in two complaints the Certification Officer found that action by two branches of the union breached the union's rule on canvassing at the time of an election. In a third complaint, the Certification Officer refused the declaration sought that the use by a candidate of a website breached the same union rule on canvassing at the time of an election. (Section 108A(2)(a) |
 |
Case Title: |
Downing v Transport and General Workers Union (TGWU) |
|
|
Decision No. |
D/2/03 |
|
|
Decision Date: |
13th March 2003 |
| |
Surname: |
Mr G Downing |
| |
Union Name: |
Transport and General Workers Union (TGWU) |
| |
Summary: |
Appointment or election of a person to, or the removal of a person from, any office - alleged breach of rule relating to a ballot or count for a branch officer's position. (Section 108A(2)(a)) |
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Case Title: |
Murphy v GMB |
|
|
Decision No. |
D/34-41/02 |
|
|
Decision Date: |
29th November 2002 |
| |
Surname: |
Mr D Murphy |
| |
Union Name: |
GMB |
| |
Summary: |
Appointment or election of a person to office; Balloting of members and Constitution or proceedings of any executive committee - series of seven complaints concerning elections in a region of the union and one relating to a decision of a Regional Council. (Sections 108A(2)(a), (c) and (d)) |
 |
Case Title: |
Downing v Transport and General Workers Union (TGWU) |
|
|
Decision No. |
D/32-33/02 |
|
|
Decision Date: |
15th November 2002 |
| |
Surname: |
Mr G Downing |
| |
Union Name: |
Transport and General Workers Union (TGWU) |
| |
Summary: |
Appointment or election of a person to, or the removal of a person from, any office - alleged breaches of union rule relating to a members' right to stand for a branch position and that no nominations ballot or show of hands vote to place (Section 108A(2)(a)). |
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Case Title: |
Johnson & Daly v Musicians' Union (MU) |
|
|
Decision No. |
D/29-30/02 |
|
|
Decision Date: |
31st October 2002 |
| |
Surname: |
Mr B Johnson, Mr B Daly |
| |
Union Name: |
Musicians' Union (MU) |
| |
Summary: |
Disciplinary proceedings by the union - alleged failure by the union to process applications to invoke disciplinary procedures. (Section 108A(2))(b)). |
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Case Title: |
Taylor v Musicians' Union |
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Decision No. |
D/26-28/02 |
|
|
Decision Date: |
15th October 2002 |
| |
Surname: |
Mr J Taylor |
| |
Union Name: |
Musicians' Union (MU) |
| |
Summary: |
Appointment or election of a person to, or the removal of a person from, any office - circulation of election address to other candidates standing before circulation with the ballot papers (Section 108A(2)(a)) and
Disciplinary proceedings by the union - processing of members application to invoke the union's disciplinary procedures. (Section 108A(2)(b)) |
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Case Title: |
Johnson v The Musicians' Union |
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|
Decision No. |
D24-25/02 |
|
|
Decision Date: |
25th September 2002 |
| |
Surname: |
Mr B Johnson |
| |
Union Name: |
The Musicians' Union (MU) |
| |
Summary: |
Appointment or election of a person to, or the removal from, any office - election to a District Disciplinary Committee. (Section 108A(2)(a)) |
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Case Title: |
Saunders v Musicians' Union (MU) |
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Decision No. |
D/23/02 |
|
|
Decision Date: |
14th June 2002 |
| |
Surname: |
Mr G Saunders |
| |
Union Name: |
Musicians' Union (MU) |
| |
Summary: |
Balloting of members - rule change ballot. Breach of rule. Enforcement order requires union to treat ballot as void and ineffective
(Section 108A(2)(c)). |
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Case Title: |
Adams v Prison Officers Association (POA) |
|
|
Decision No. |
D/21-22/02 |
|
|
Decision Date: |
2nd May 2002 |
| |
Surname: |
Mr R Adams |
| |
Union Name: |
Prison Officers Association (POA) |
| |
Summary: |
Unreasonable exclusion - from standing as a candidate for position of National Chair of the Association. Breach of rule by Association’s National Executive Committee in its interpretation of rule. Terms of enforcement order required Association to hold a further election for the post of National Chair. |
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Case Title: |
Ecclestone v National Union of Journalists |
|
|
Decision No. |
D/19-20/02 |
|
|
Decision Date: |
10th April 2002 |
| |
Surname: |
Mr J Ecclestone |
| |
Union Name: |
National Union of Journalists (NUJ) |
| |
Summary: |
Interference - by allowing an out of compliance candidate to stand for election. Also, breach of union rule relating to the same matter. (Section 108A (2)(a)) |
 |
Case Title: |
Graham v Manufacturing Science and Finance Union (MSF) |
|
|
Decision No. |
D/17-18/02 |
|
|
Decision Date: |
10th April 2002 |
| |
Surname: |
Ms M Graham |
| |
Union Name: |
Manufacturing Science and Finance Union (MSF) |
| |
Summary: |
Constitution or proceedings of any executive committee - refusal by the union of a written demand for a Special General Meeting. Role and power of the union’s Standing Orders committee. (Section 108A (2)(d)) |
 |
Case Title: |
Hughes v UNISON - The Public Service Union (UNISON) |
|
|
Decision No. |
D/10-12/02 |
|
|
Decision Date: |
28th February 2002 |
| |
Surname: |
Mr D Hughes |
| |
Union Name: |
UNISON |
| |
Summary: |
Disciplinary proceedings by the union - matters relating to an appeal to the union against disciplinary action taken. (Section 108A (2) (b)) |
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Case Title: |
Richards v Musicians' Union (MU) |
|
|
Decision No. |
D/15-16/02 |
|
|
Decision Date: |
28th February 2002 |
| |
Surname: |
Mr T Richards |
| |
Union Name: |
Musicians' Union (MU) |
| |
Summary: |
Disciplinary proceedings of the union - notification of date of appeal; failure to communicate decision as required by rule. (Section 108A (2) (b)) |
 |
Case Title: |
Chesterman v Musicians' Union (MU) |
|
|
Decision No. |
D/13-14/02 |
|
|
Decision Date: |
28th February 2002 |
| |
Surname: |
Mr G R Chesterman |
| |
Union Name: |
Musicians' Union (MU) |
| |
Summary: |
Disciplinary proceedings by the union - failure by the union to process application to invoke disciplinary procedures. (Section 108A (2) (b)) |
 |
Case Title: |
Beaumont v Manufacturing Science and Finance Union (MSF) |
|
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Decision No. |
D/1-9/02 |
|
|
Decision Date: |
16th January 2002 |
| |
Surname: |
Mr D Beaumont |
| |
Union Name: |
Manufacturing Science and Finance Union (MSF) |
| |
Summary: |
Disciplinary proceedings by the union - matters relating to suspension from office and subsequent union action against the applicant. (Section 108A (2) (b)). |
 |
Case Title: |
Warrington v Manufacturing Science and Finance Union (MSF) |
|
|
Decision No. |
D/94/01 |
|
|
Decision Date: |
30th November 2001 |
| |
Surname: |
Mr D Warrington |
| |
Union Name: |
Manufacturing Science and Finance Union (MSF) |
| |
Summary: |
Appointment, election or removal from office - circulation of written material in support of a candidate. (Section 108A (2) (a)). |
 |
Case Title: |
Chamberlin v Transport and General Workers Union (TGWU) |
|
|
Decision No. |
D/91/01 |
|
|
Decision Date: |
2nd November 2001 |
| |
Surname: |
Mr PA Chamberlin |
| |
Union Name: |
Transport and General Workers Union (TGWU) |
| |
Summary: |
Constitution or proceedings of any executive Committee - Wrongful exclusion of a motion. Determination by Assistant Certification Officer appointed by the Certification Officer (section 254 of the 1992 Act) (Section 108A (2) (d)). |
 |
Case Title: |
MacDonald & Warrington v Manufacturing Science and Finance Union (MSF) |
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Decision No. |
D/82-85/01 |
|
|
Decision Date: |
31st August 2001 |
| |
Surname: |
Mr L MacDonald; Mr D Warrington |
| |
Union Name: |
Manufacturing Science and Finance Union (MSF) |
| |
Summary: |
Constitution or proceedings of any executive Committee - failure to comply with resolution of Annual Conference and reconvened Annual Conference called in breach of rule. (Section 108A (2) (d)). |
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Case Title: |
Petters v Musicians Union (MU) |
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Decision No. |
D/87/01 |
|
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Decision Date: |
31st August 2001 |
| |
Surname: |
Mr J Petters |
| |
Union Name: |
Musicians Union (MU) |
| |
Summary: |
Disciplinary proceedings by the union - application dismissed on withdrawal by the applicant. (Section 108A (2) (b)). |
 |
Case Title: |
Ecclestone v National Union of Journalists (NUJ) |
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Decision No. |
D/79-81/01 |
|
|
Decision Date: |
31st July 2001 |
| |
Surname: |
Mr J Ecclestone |
| |
Union Name: |
National Union of Journalists (NUJ) |
| |
Summary: |
Appointment, election or removal from office - Failure to advertise post. (Section 108A (2) (a)). |
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Case Title: |
Kelly & Roberts v UNISON -The Public Service Union (UNISON) |
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Decision No. |
D/77-78/01 |
|
|
Decision Date: |
31st July 2001 |
| |
Surname: |
Mr G Kelly; Mr D Roberts |
| |
Union Name: |
UNISON -The Public Service Union (UNISON) |
| |
Summary: |
Constitution or proceedings of any executive Committee - matters relating to the union’s Standing Orders Committee and National Delegates Conference. (Section 108A (2) (d)). |
 |
Case Title: |
Osborne, Brroks, Perry, Nash, Harrison v GMB |
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|
Decision No. |
D74-76/01 |
|
|
Decision Date: |
18th July 2001 |
| |
Surname: |
Mr Osborne, Mr Brooks, Mr Perry, Mr Nash, Ms Harrison |
| |
Union Name: |
GMB |
| |
Summary: |
Complaint of breach of Union rule in relation to matters specified in Section 108A(2) of the Trade Union Labour Relations (Consolidation) Act 1992 |
 |
Case Title: |
Hill v UNISON - The Public Service Union (UNISON) |
|
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Decision No. |
D/69-73/01 |
|
|
Decision Date: |
18th July 2001 |
| |
Surname: |
Mr S Hill |
| |
Union Name: |
UNISON - The Public Service Union (UNISON) |
| |
Summary: |
Disciplinary proceedings by the union - Membership of union’s Appeals Panel Constitution or proceedings of any executive Committee - Matters concerning the union’s political fund. (Section 108A (2) (b); section 108A (2) (d)). |
 |
Case Title: |
D’Agorne & Others v UNISON -The Public Service Union (UNISON) |
|
|
Decision No. |
D/64-68/01 |
|
|
Decision Date: |
18th July 2001 |
| |
Surname: |
Mr A D'Agorne; Ms T Brooks; Mr A Heath |
| |
Union Name: |
UNISON -The Public Service Union (UNISON) |
| |
Summary: |
Disciplinary proceedings by the union - Changes to disciplinary committee; absence from disciplinary hearings; failure to interview prior to disciplinary hearing, failure to make disciplinary investigation report available to the parties. (Section 108A (2) (b)). |
 |
Case Title: |
O’Rourke v Associated Society of Locomotive Engineers and Firemen(ASLEF) |
|
|
Decision No. |
D/61-62/01 |
|
|
Decision Date: |
29th June 2001 |
| |
Surname: |
Mr D O'Rourke |
| |
Union Name: |
Associated Society of Locomotive Engineers and Firemen(ASLEF) |
| |
Summary: |
Appointment, election or removal from office - ineligibility of nominee to stand for election.
Balloting of members - failure to send ballot paper to branch. (Section 108A (2) (a); (Section 108A (2) (c)). |
 |
Case Title: |
Giles v GMB |
|
|
Decision No. |
D/59-60/01 |
|
|
Decision Date: |
15th June 2001 |
| |
Surname: |
Mrs NM Giles |
| |
Union Name: |
GMB |
| |
Summary: |
Constitution or proceedings of any executive Committee - failure to hold branch meeting to consider a complaint, Certification Officer’s jurisdiction to determine complaint - branch meeting not a decision-making meeting; right to hear contrary evidence under union’s complaints procedure. (Section 108A (2) (b); section 108A (2) (d)). |
 |
Case Title: |
Glover v Associated Society of Locomotive Engineers & Firemen (ASLEF) |
|
|
Decision No. |
D/50-58/01 |
|
|
Decision Date: |
4th May 2001 |
| |
Surname: |
Mr J Glover |
| |
Union Name: |
Associated Society of Locomotive Engineer & Firemen (ASLEF) |
| |
Summary: |
Complaint of breach of Union rules in relation to matters specified in Section 108A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 |
 |
Case Title: |
Hughes v Communication Workers Union(CWU) |
|
|
Decision No. |
D/49/01 |
|
|
Decision Date: |
5th April 2001 |
| |
Surname: |
Mr MP Hughes |
| |
Union Name: |
Communication Workers Union(CWU) |
| |
Summary: |
Disciplinary proceedings by the union - Breach of National rules of the union by invoking of Branch rule relating to discipline. (Section 108A (2) (b)). |
 |
Case Title: |
Ryan v UNISON -The Public Service Union (UNISON) |
|
|
Decision No. |
D/45-48/01 |
|
|
Decision Date: |
4th April 2001 |
| |
Surname: |
Ms F Ryan |
| |
Union Name: |
UNISON -The Public Service Union (UNISON) |
| |
Summary: |
Disciplinary proceedings by the union - Subject to disciplinary action by being excluded from meetings entitled to attend. Constitution or proceedings of any executive Committee - Cancellation of Branch Committee meeting; decisions taken by Branch Officers Group. (Section 108A (2) (b); section 108A (2) (d)). |
 |
Case Title: |
Clarke v National Union of Mineworkers (NUM) |
|
|
Decision No. |
D/43/01 |
|
|
Decision Date: |
22nd March 2001 |
| |
Surname: |
Mr J Clarke |
| |
Union Name: |
National Union of Mineworkers (NUM) |
| |
Summary: |
Disciplinary proceedings by the union - Persons dealing with a previous complaint to the union also involved in the disciplinary procedure taken against the member. (Section 108A (2) (b)). |
 |
Case Title: |
Michie v Manufacturing Science and Finance Union (MSF) |
|
|
Decision No. |
D/38-42/01 |
|
|
Decision Date: |
14th March 2001 |
| |
Surname: |
Ms S Michie |
| |
Union Name: |
Manufacturing Science and Finance Union (MSF) |
| |
Summary: |
Disciplinary proceedings by the union - Complaints relating to the disciplinary proceeding - failure to allow an appeal against disciplinary decision.
Terms of enforcement order requiring union to lift all suspensions of applicant and for appeal to be heard within two months. (Section 108A (2) (b)). |
 |
Case Title: |
Callaghan & others v Associated Society of Locomotive Engineers and Firemen (ASLEF) |
|
|
Decision No. |
D/21-35/01 |
|
|
Decision Date: |
2nd March 2001 |
| |
Surname: |
Mr Callaghan; Mr Glover; Mr MacKenzie; Mr Worboys; Mr Ballard and Mr Carrigan |
| |
Union Name: |
Associated Society of Locomotive Engineers and Firemen (ASLEF) |
| |
Summary: |
Constitution or proceedings of any executive Committee - meeting which took decision to suspend union’s Executive Committee(EC); control of union; breaches of rule relating to union’s Special Assembly of Delegates (SAD); rule changes not submitted to SAD; attendance at Conference. Disciplinary proceedings by the union - suspension of Executive members; breached disciplinary rules; breaches of disciplinary rules. Appointment, election or removal from office - reappointment of official who had resigned; election address not published or sent to members. (Section 108A (2) (a); section 108A (2) (b); section 108A (2) (d)). |
 |
Case Title: |
Cummings v Prison Officers Association (POA) |
|
|
Decision No. |
D/20/01 |
|
|
Decision Date: |
23rd February 2001 |
| |
Surname: |
Mr K Cummings |
| |
Union Name: |
Prison Officers' Association (POA) |
| |
Summary: |
Constitution or proceedings of any executive Committee - National Executive Committee overridden Conference decision. (Section 108A (2) (d)). |
 |
Case Title: |
McAllorum v Amalgamated Engineering and Electrical Union(AEEU) |
|
|
Decision No. |
D/36-37/01 |
|
|
Decision Date: |
13th February 2001 |
| |
Surname: |
Mr SC McAllorum |
| |
Union Name: |
Amalgamated Engineering and Electrical Union (AEEU) |
| |
Summary: |
Disciplinary proceedings by the union - not possible to appeal against disciplinary decision without written reasons for the decision; failure to provide independent Disciplinary Appeals Committee. (Section 108A (2) (b)). |
 |
Case Title: |
Hughes & Higgins v Communication Workers Union (CWU) |
|
|
Decision No. |
D/6-16/01 |
|
|
Decision Date: |
2nd February 2001 |
| |
Surname: |
Mr DM Higgins; Mr MP Hughes |
| |
Union Name: |
Communication Workers Union (CWU) |
| |
Summary: |
Constitution or proceedings of any executive Committee - Series of complaints -quorum for Annual General Meeting (AGM) of Branch; failure to hold AGM by a date; Membership of Branch Committee; failure to act on request for Extraordinary General Meeting of Branch. (Section 108A (2) (d)). |
 |
Case Title: |
Abrams,Dorman,Ward,Booth,McIntyre,Whiteman,Currie,Tutty v PCS |
|
|
Decision No. |
D/17-19/01 |
|
|
Decision Date: |
2nd February 2001 |
| |
Surname: |
Abrams, Dorman, Ward, Booth, McIntyre, Whiteman, Currie, Tutty |
| |
Union Name: |
Public and Commercial Services |
| |
Summary: |
Complaint of breach of Union rules specific to Section 108A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992. |
 |
Case Title: |
Mackay & Whitton v Public and Commercial Services Union |
|
|
Decision No. |
D/2/01 |
|
|
Decision Date: |
18th January 2001 |
| |
Surname: |
Mr J Mackay, Mr G Whitton |
| |
Union Name: |
Public and Commercial Services Union (PCS) |
| |
Summary: |
Complaint brought under section 108A of the 1992 Act. |
 |
Case Title: |
Abrams v Public and Commercial Services Union |
|
|
Decision No. |
D/3/01 |
|
|
Decision Date: |
18th January 2001 |
| |
Surname: |
Ms P Abrams |
| |
Union Name: |
Public and Commercial Services Union (PCS) |
| |
Summary: |
Complaint brought under section 55 of the 1992 Act. |
 |
Case Title: |
Scouller v Transport and General Workers Union (TGWU |
|
|
Decision No. |
D/27/00 |
|
|
Decision Date: |
21st December 2000 |
| |
Surname: |
Mr J Scouller |
| |
Union Name: |
Transport and General Workers Union (TGWU) |
| |
Summary: |
Breach of Union Rules relating to disciplinary action |
 |
Case Title: |
Kelly & Roberts v UNISON -The Public Service Union (UNISON) |
|
|
Decision No. |
D/4-5/01 |
|
|
Decision Date: |
11th December 2000 |
| |
Surname: |
Mr G Kelly; Mr D Roberts |
| |
Union Name: |
UNISON -The Public Service Union (UNISON) |
| |
Summary: |
Constitution or proceedings of any executive Committee - Preliminary issue, determined union’s Standing Orders Committee not an executive committee or decision making meeting within definition of Act. (Section 108A (2) (d)). |
 |
Case Title: |
Gates v Broadcasting Entertainment Cinematograph and Theatre Union (BECTU) |
|
|
Decision No. |
D/23-24/00 |
|
|
Decision Date: |
2nd November 2000 |
| |
Surname: |
Mr TD Gates |
| |
Union Name: |
Broadcasting Entertainment Cinematograph and Theatre Union (BECTU) |
| |
Summary: |
Appointment, election or removal from office - union officials elected to union's executive. (Section 108A (2) (a)). |
 |
Case Title: |
Hill v UNISON - The Public Service Union (UNISON) |
|
|
Decision No. |
D/19/00 |
|
|
Decision Date: |
31st August 2000 |
| |
Surname: |
Mr S Hill |
| |
Union Name: |
UNISON - The Public Service Union (UNISON) |
| |
Summary: |
Appointment, election or removal from office - allowing member of executive to remain in office when no longer meeting requirements of the post.(Section 108A (2) (a)). |
 |
Case Title: |
Knight v Communication Workers Union |
|
|
Decision No. |
D/18/00 |
|
|
Decision Date: |
1st August 2000 |
| |
Surname: |
Mrs I Knight |
| |
Union Name: |
Communication Workers Union |
| |
Summary: |
Breach of Section 108A(2)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992 |
 |
Case Title: |
Eager & Others v British Actors Equity Association incorporating the Variety Artistes Federation (Equity) |
|
|
Decision No. |
D/15-17/00 |
|
|
Decision Date: |
18th July 2000 |
| |
Surname: |
Mr D Eager, Ms S Treble, Mr R Baker |
| |
Union Name: |
British Actors Equity Association incorporating the Variety Artistes (Equity) |
| |
Summary: |
Balloting of members - rules in the conduct of referendum ballot on union rule changes.
Constitution or proceedings of any executive Committee - refusing petition from members for a Special General Meeting.(Section 108A (2) (c); section 108 (2) (d)). |
 |
Case Title: |
Hill v UNISON - The Public Service Union (UNISON) |
|
|
Decision No. |
D/11/00 |
|
|
Decision Date: |
4th May 2000 |
| |
Surname: |
Mr S Hill |
| |
Union Name: |
UNISON - The Public Service Union (UNISON) |
| |
Summary: |
Jurisdiction - Certification Officer's jurisdiction to determine complaint regarding rules relating to disciplinary proceedings by the union. TULRCA 1992, section 108A. |