 |
Case Title: |
Roberts v Unison (No.4) |
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Decision No. |
D/15-16/10-11 |
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Decision Date: |
2nd June 2010 |
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Surname: |
Mr D Roberts |
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Union Name: |
UNISON |
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Summary: |
The claimant made two complaints of breaches of rule in relation to the conduct of the 2009 elections to UNISON's NEC and to the failure of the union to investigate whether disciplinary charges were justified against a branch secretary in relation to that election. The Certification Officer dismissed the complaints upon withdrawal by the claimant. |
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Case Title: |
McDermott v UNISON |
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Decision No. |
D/1-8/10-11 |
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Decision Date: |
27th April 2010 |
| |
Surname: |
Mr John McDermott |
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Union Name: |
UNISON |
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Summary: |
The claimant alleged a breach of statute and various breaches of rule in relation to his removal from the NEC and in relation to certain elections in 2009. The Certification Officer refused to make the declarations sought by the claimant. |
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Case Title: |
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 |
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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: |
Trummel v National Union of Journalists |
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Decision No. |
D/47/09 |
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Decision Date: |
28th September 2009 |
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Surname: |
Mr P Trummel |
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Union Name: |
National Union of Journalists |
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Summary: |
Mr Trummel's application against the National Union of Journalists was struck out by the Certification Officer, under section 256ZA of the 1992 Act on the grounds that the manner in which the proceedings had been conducted by the claimant had been unreasonable and that the complaints as advanced by the claimant had no reasonable prospect of success. |
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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 |
| |
Surname: |
Ms S Haynes, Mr C Potter, Mr C Mullen & Mr W McLinden v Solidarity |
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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: |
Klee v Association of School and College Leaders |
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Decision No. |
D/35-36/09 |
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Decision Date: |
1st July 2009 |
| |
Surname: |
Mr A Klee |
| |
Union Name: |
Association of School and College Leaders |
| |
Summary: |
Mr Klee made two complaints in relation to the election of Council representatives of the ASCL for the period 2009-2012. He alleged breaches of sections 48(4) and 48(5) of the 1992 Act. The Certification Officer dismissed both complaints. |
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Case Title: |
Hicks v Unite the Union (Amicus Section) |
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Decision No. |
D/18/08 |
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Decision Date: |
8th December 2008 |
| |
Surname: |
Mr JR Hicks |
| |
Union Name: |
Unite the Union (Amicus Section) |
| |
Summary: |
The Claimant alleged a breach of section 46(1) of the 1992 Act, relating to the holding of office of the Joint General Secretary of the Union. The Certification Officer dismissed the complaint on its withdrawal by the Claimant. |
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Case Title: |
Simms V Unite the Union (Amicus Section) |
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Decision No. |
D/17/08 |
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Decision Date: |
27th November 2008 |
| |
Surname: |
Mrs C Simms |
| |
Union Name: |
Unite the Union (Amicus Section) |
| |
Summary: |
The Claimant alleged that the Union had unreasonably excluded her from standing in its NEC election in 2008 by not providing a nomination form to one of the branches which had sought to nominate her. The Certification Officer dismissed the complaint. (Section 55(1) 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 |
| |
Surname: |
Mr Y Bakhsh |
| |
Union Name: |
UNISON: The Public Service Union |
| |
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. |
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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 |
| |
Surname: |
Mr A Staunton |
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Union Name: |
UNISON: The Public Service Union |
| |
Summary: |
The Claimant complained that the Union had breached section 47(1) of the 1992 Act by unreasonably excluding him from standing as a candidate in its NEC elections in 2007 and had breached its rules by suspending him from office. The Certification Officer upheld the complaint of breach of statute but made no enforcement order on the Union on the grounds that the Claimant had since been expelled from the Union and could not stand in any new election. He dismissed the second complaint as being made out of time. (Sections 47(1) and 108A(2) of the 1992 Act) |
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Case Title: |
Roberts v National Association of Schoolmasters Union of Women Teachers (NASUWT) |
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Decision No. |
D/31/07 |
|
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Decision Date: |
16th November 2007 |
| |
Surname: |
Mr P Roberts |
| |
Union Name: |
National Association of Schoolmasters Union of Women Teachers (NASUWT) |
| |
Summary: |
The Claimant alleged that the Union had breached section 47(1) of the 1992 Act by unreasonably excluding the Claimant from standing as a candidate in the Union's National Executive Committee elections in 2007. The Certification Officer dismissed the application. |
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Case Title: |
Corrigan v GMB (1) |
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|
Decision No. |
D/10/07 |
|
|
Decision Date: |
20th March 2007 |
| |
Surname: |
Ms D Corrigan |
| |
Union Name: |
GMB |
| |
Summary: |
In an application under section 55(1) of the 1992 Act, a declaration was granted that the GMB had breached section 46(1)(a) of the 1992 Act by failing to secure that the position of General Secretary of the union had been filled by a person elected to it at an election satisfying the requirements of the 1992 Act in the period between April 2005, following the resignation of the former General Secretary, and May 2006 when the current General Secretary was elected. No enforcement order was made. |
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Case Title: |
Rawlins v British Medical Association |
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Decision No. |
D/1-5/07 |
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Decision Date: |
2nd February 2007 |
| |
Surname: |
Mr R Rawlins |
| |
Union Name: |
British Medical Association (BMA) |
| |
Summary: |
Five complaints arising out of the BMA's election to its Council in 2006. Three of the complaints concerned alleged breaches of section 52 of the 1992 Act relating to the scrutineer's report on the election. The other two complaints concerned alleged breaches of rule (section 108A(2)(a) of the 1992 Act). The Certification Officer refused to make the declarations sought on all five complaints. |
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Case Title: |
Hardman v Community |
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Decision No. |
D/57-58/06 |
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Decision Date: |
20th December 2006 |
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Surname: |
Mr W Hardman |
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Union Name: |
Community |
| |
Summary: |
Complaints were made that the union had breached section 49(1) and 49(5) of the 1992 Act. It was alleged that the union had failed to appoint an independent scrutineer in time (section 49(1)) and had also failed to notify the members of the name of the scrutineer in time (section 49(5)). Both complaints were dismissed. |
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Case Title: |
Williams v Community |
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Decision No. |
D/56/06 |
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Decision Date: |
15th December 2006 |
| |
Surname: |
Mr L Williams |
| |
Union Name: |
Community |
| |
Summary: |
A complaint was made that the union had breached section 47(1) of the 1992 Act in that it was alleged the union had unreasonably excluded the claimant from standing as a candidate in the union's 2006 National Executive Council Elections. In refusing to make the declaration sought by the claimant the Certification Officer found that the claimant had not been unreasonably excluded. |
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Case Title: |
Higginbottom v United Road Transport Union (URTU) |
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Decision No. |
D/42-43/06 |
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Decision Date: |
9th November 2006 |
| |
Surname: |
Mr D Higginbottom |
| |
Union Name: |
United Road Transport Union (URTU) |
| |
Summary: |
The claimant alleged the union had interfered in the ballot for the post of General Secretary. It was alleged the union's actions were in breach of section 51(3)(a)of the 1992 Act and in breach of an implied rule of the union. The Certification Officer found against the claimant in both complaints and refused to make the declarations sought.
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Case Title: |
Darken v Prison Officers' Association (POA) |
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Decision No. |
D/20/06 |
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Decision Date: |
28th April 2006 |
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Surname: |
Mr A Darken |
| |
Union Name: |
Prison Officers' Association (POA) |
| |
Summary: |
Facilities for the preparation of an election address. The claimant alleged the union had failed to secure that the same facilities with respect to time was provided to him as to two other candidates in the election to the post of National Vice Chair of the union. In finding for the claimant the Certification Officer noted that the claimant did not seek an enforcement order against the Association and the Certification Officer considered it inappropriate to make any such order. (Section 48(6) of the 1992 Act.) |
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Case Title: |
Cournane v Stable Lads Association |
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Decision No. |
D/2/06 |
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Decision Date: |
12th January 2006 |
| |
Surname: |
Mr K Cournane |
| |
Union Name: |
Stable Lad Association |
| |
Summary: |
A complaint that the Association had breached section 46(1) of the1992 Act by its National Secretary holding office for more than five years without being re-elected. The applicant withdrew the complaint following correspondence and action by the Association. On withdrawal by the applicant, the complaint was dismissed by the Certification Officer. |
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Case Title: |
Bakhsh v UNISON - the Public Service Union |
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Decision No. |
D/39/05 |
|
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Decision Date: |
22nd December 2005 |
| |
Surname: |
Mr Y Bakhsh |
| |
Union Name: |
UNISON - the Public Service Union |
| |
Summary: |
Modification of an election address. Complaint that the union modified the claimant's election address during the union's NEC elections for 2005-2007. The union conceded the breach and the claimant sought an enforcement order. In making a declaration, the Certification Officer also specified the steps the union are taking to prevent a recurrence of the same or similar failure in the future. In the circumstances of this case the Certification Officer deemed it inappropriate to make an enforcement order. |
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Case Title: |
Morgan v National Association of Schoolmasters and the Union of Women Teachers |
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Decision No. |
D/38/05 |
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Decision Date: |
21st October 2005 |
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Surname: |
Mr B Morgan |
| |
Union Name: |
National Association of Schoolmasters and the Union of Women Teachers (NASUWT) |
| |
Summary: |
Modification of election address. Complaint that the union modified the claimant's election address during the union's 2005/06 elections to its National Executive. The union conceded the breach in writing. In making the declaration sought by the claimant the Certification Officer detailed the steps taken by the union to prevent a recurrence of the same or similar failure in the future. In the circumstances of the case the Certification Officer deemed it inappropriate to make an enforcement order. |
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Case Title: |
Currie v Public and Commercial Services Union (PCS) |
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Decision No. |
D/35-36/05 |
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Decision Date: |
16th September 2005 |
| |
Surname: |
Mr S Currie |
| |
Union Name: |
Public and Commercial Services Union (PCS) |
| |
Summary: |
Complaints alleged that the union had failed to hold an election for the post of General Secretary and that the claimant was unreasonably excluded from standing as a candidate. In refusing to make either of the declarations sought, the Assistant Certification Officer found that an election for the post of General Secretary of the union had been held and that the claimant had not been unreasonably excluded from standing as a candidate in that election by the union's requirement that candidates in the election had to obtain 25 branch nominations. (Sections 46(1) (a) and 47(1) of the 1992 Act.) |
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Case Title: |
Francis v The Fire Brigades Union |
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Decision No. |
D/29/05 |
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Decision Date: |
19th May 2005 |
| |
Surname: |
Mr C Francis |
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Union Name: |
The Fire Brigades Union (FBU) |
| |
Summary: |
Period of office. Application made alleging that the union was in breach of the statute relating to the period in office of a member of the union's Executive Council. Application dismissed upon withdrawal by the claimant. (Section 46(1)(b) of the 1992 Act.) |
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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) |
| |
Summary: |
Alleged that at the time of the union's election of its President in 2003 the union, through the actions of its general secretary, interfered with its members right to vote without interference or constraint. In dismissing the complaint the Assistant Certification Officer found that the actions of the general secretary in including a message with each ballot paper did not constitute interference with the members right to vote. (Section 51(3)(a) of the 1992 Act).
See also decision on seven complaints of breach of union rule arising out of the same matter. |
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Case Title: |
Kerr v Stable Lads Association |
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Decision No. |
D/15/04 |
|
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Decision Date: |
21st October 2004 |
| |
Surname: |
Mr S Kerr |
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Union Name: |
Stable Lads Association |
| |
Summary: |
Complaint alleged that the National Secretary has held a post to which Chapter IV of the 1992 Act applies for a period of more than five years, in breach of sections 46(1)(a) and (b) of the 1992 Act. At a hearing before the Certification Officer the terms of a settlement were agreed between the parties and the Certification Officer dismissed the complaint on withdrawal by the claimant. |
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Case Title: |
Ms L Simms v Amicus |
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Decision No. |
D/2/04 |
|
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Decision Date: |
4th September 2004 |
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Surname: |
Ms L Simms |
| |
Union Name: |
Amicus |
| |
Summary: |
Modification of election address - complaint that the union had modified the applicant's election address during the election in 2003 to the National Executive Committee of the union. The Certification Officer declared that the union had breached section 48(4) of the 1992 Act by failing to secure that no modifications were made to Ms Simms election address.
The Certification Officer did not consider it appropriate to issue an enforcement Order on the union. |
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Case Title: |
Mr D Beaumont v Amicus |
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Decision No. |
D/3/04 |
|
|
Decision Date: |
14th May 2004 |
| |
Surname: |
Mr D Beaumont |
| |
Union Name: |
Amicus |
| |
Summary: |
Complaint that one of the two Joint General Secretaries of Amicus had continued in post for a period of more than five years without having been re-elected at an election. The Certification Officer declared that the union had breached section 46(1)(b) of the 1992 Act in that Mr R Lyons, a Joint General Secretary, had continued in post for more than five years without having been re-elected at an election which satisfied the requirements of the 1992 Act.
The Certification Officer issued an Enforcement Order that Mr Lyons shall cease forthwith to hold office as Joint General Secretary of Amicus. |
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Case Title: |
Stokes v GMB |
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|
Decision No. |
D/24-27/03 |
|
|
Decision Date: |
26th September 2003 |
| |
Surname: |
Mr R Stokes |
| |
Union Name: |
GMB |
| |
Summary: |
Unreasonable exclusion from standing as a candidate. Found that the union had unreasonably excluded the applicant from standing in the union's election for the position of Deputy General Secretary. (Section 47(1) 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.
The GMB appealed the decision to the Employment Appeals Tribunal (EAT). The EAT delivered its judgement on 23 January 2004. It concluded that the Certification Officer had not misdirected himself and upheld the Certification Officer's decision. The EAT judgement can be viewed at the EAT website: www.employmentappeals.gov.uk - EAT Appeal No. UKEAT/0769/03/ILB].
See also Breach of Union Rule decisions |
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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: |
Period of office - application that the union was in breach of Section 46(1)(b) of the 1992 Act. Application dismissed upon withdrawal by the applicant. |
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Case Title: |
Ecclestone v National Union of Journalists |
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|
Decision No. |
D/18/03 |
|
|
Decision Date: |
2nd July 2003 |
| |
Surname: |
Mr J Ecclestone |
| |
Union Name: |
National Union of Journalists (NUJ) |
| |
Summary: |
Election of President - Union's President not elected at an election satisfying the requirements of Chapter IV of the 1992 Act. No enforcement order issued. |
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Case Title: |
Ecclestone v National Union of Journalists |
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|
Decision No. |
D/19/03 |
|
|
Decision Date: |
2nd July 2003 |
| |
Surname: |
Mr J Ecclestone |
| |
Union Name: |
National Union of Journalists (NUJ) |
| |
Summary: |
Entitlement to vote - Election of National Executive Council - Union failed to accord equally to all members entitlement to vote in the election for membership of the the Union's NEC. (Section 50(1)).
Enforcement order issued requiring that persons elected to the Union's NEC representing certain groups of members should cease to hold office forthwith. |
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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: |
Election address - found that the inclusion, by a candidate, of a website address in an election address did not breach the union's word limit for the election address and that the website did not form part of the election address. (Section 48(6) of the 1992 Act). |
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Case Title: |
Hill v Bakers Food and Allied Workers Union |
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Decision No. |
D/31/02 |
|
|
Decision Date: |
31st October 2002 |
| |
Surname: |
Mr P Hill |
| |
Union Name: |
Bakers Food and Allied Workers Union (BFAWU) |
| |
Summary: |
Election of General Secretary - no election held for the post of General Secretary. Breach conceded by the union. Declaration and enforcement order issued. (Section 46(1)(a)). |
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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: |
Election address - same facilities and restriction with regard to the preparation, submission, length or modification. (Section 48(6)) |
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Case Title: |
Adams v Prison Officers Association (POA) |
|
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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.
(Section 47(1)) |
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Case Title: |
Ecclestone v National Union of Journalists (NUJ) |
|
|
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 51(3)) |
|
Case Title: |
Cribb v Professional Association of Teachers (PAT) |
|
|
Decision No. |
D/95/01 |
|
|
Decision Date: |
21st December 2001 |
| |
Surname: |
Mr R Cribb |
| |
Union Name: |
Professional Association of Teachers (PAT) |
| |
Summary: |
Election address - modification of
(Section 48(4)) |
|
Case Title: |
Alexander v Professional Association of Teachers (PAT) |
|
|
Decision No. |
D/92-93/01 |
|
|
Decision Date: |
30th November 2001 |
| |
Surname: |
Mrs SL Alexander |
| |
Union Name: |
Professional Association of Teachers (PAT) |
| |
Summary: |
Election address - press release and announcement on union web site not modification of.
Interference - issue of union circular during ballot. |
|
Case Title: |
Petters and Saunders v Musicians Union (MU) |
|
|
Decision No. |
D/88-90/01 |
|
|
Decision Date: |
12th October 2001 |
| |
Surname: |
Mr J Petters; Mr G Saunders |
| |
Union Name: |
Musicians Union (MU) |
| |
Summary: |
President not elected by direct vote of the membership
General Secretary in post in excess of five year term of office.
Terms of enforcement order requiring union to secure President ceased to hold office and that no member occupies the post otherwise than in accordance with the 1992 Act
(Section 46) |
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Case Title: |
Ecclestone v National Union of Journalists (NUJ) |
|
|
Decision No. |
D/79-81/01 |
|
|
Decision Date: |
31st July 2001 |
| |
Surname: |
Mr J Ecclestone |
| |
Union Name: |
National Union of Journalists (NUJ) |
| |
Summary: |
President not elected by direct vote of the membership.
Failure to notify members of name of scrutineer.
Terms of enforcement order requiring union to secure post of President filled in a manner which satisfies the Act.
(Section 46; section 49) |
|
Case Title: |
Callaghan and Others v Associated Society of Locomotive Engineers and Fireman (ASLEF) |
|
|
Decision No. |
D/21-35/01 |
|
|
Decision Date: |
3rd February 2001 |
| |
Surname: |
Callaghan and Others |
| |
Union Name: |
Associated Society of Locomotive Engineers and Fireman (ASLEF) |
| |
Summary: |
Election address not distributed.
(Section 48) |
|
Case Title: |
Travis v GMB |
|
|
Decision No. |
D/1/01 |
|
|
Decision Date: |
18th January 2001 |
| |
Surname: |
Travis |
| |
Union Name: |
GMB |
| |
Summary: |
Exclusion of a candidate. Decision also deals with Certification Officer’s jurisdiction to deal with events that lead up to exclusion.
(Section 47) |
|
Case Title: |
Gates v Broadcasting Entertainment Cinematograph and Theatre Union (BECTU) |
|
|
Decision No. |
D/23-24/00 |
|
|
Decision Date: |
2nd November 2000 |
| |
Surname: |
Gates |
| |
Union Name: |
Broadcasting Entertainment Cinematograph and Theatre Union (BECTU) |
| |
Summary: |
Indirect election of the union’s President.
Terms of enforcement order requiring union to secure rule changes put in place and President properly elected.
(Section 46) |
|
Case Title: |
Read v The Musicians Union |
|
|
Decision No. |
D20-21/00 |
|
|
Decision Date: |
31st August 2000 |
| |
Surname: |
W A Read |
| |
Union Name: |
The Musicians Union |
| |
Summary: |
Breach of Chapter IV Part 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
Irvine v The Musicians Union |
|
|
Decision No. |
D/22/00 |
|
|
Decision Date: |
31st August 2000 |
| |
Surname: |
N Irvine |
| |
Union Name: |
The Musicians Union |
| |
Summary: |
Breach of Chapter IV Part 1 of the Trade Union Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
Fire Brigades Union (FBU) |
|
|
Decision No. |
D/12/00 |
|
|
Decision Date: |
6th July 2000 |
| |
Surname: |
S Timmins |
| |
Union Name: |
Fire Brigades Union (FBU) |
| |
Summary: |
Breach of Chapter IV, Part 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
Read and others v Musicians Union (MU) |
|
|
Decision No. |
D/13-14/00 |
|
|
Decision Date: |
1st June 2000 |
| |
Surname: |
Read and others |
| |
Union Name: |
Musicians Union (MU) |
| |
Summary: |
Exclusion of candidate in an election.
Appointment of, and notification to members of name of, scrutineer.
Independence of scrutineer.
Terms of enforcement order requiring union to rerun election for post of General Secretary.
(Section 47; section 49)
|
|
Case Title: |
Fire Brigade Union (FBU) |
|
|
Decision No. |
D/10/00 |
|
|
Decision Date: |
24th May 2000 |
| |
Surname: |
|
| |
Union Name: |
Fire Brigade Union (FBU) |
| |
Summary: |
Failure to hold a postal ballot. Duplication of complaints and disclosure of applicants identity/membership details.
(Section 51) |
|
Case Title: |
Association of Teachers and Lecturers (ATL) |
|
|
Decision No. |
D/4-8/00 |
|
|
Decision Date: |
30th March 2000 |
| |
Surname: |
|
| |
Union Name: |
Association of Teachers and Lecturers (ATL) |
| |
Summary: |
Election address. Independence of scrutineer and unlawful interference in a ballot.
(Section 48; section 49; section 51) |
|
Case Title: |
Read and others v Musicians' Union (MU) |
|
|
Decision No. |
D/2-3/00 |
|
|
Decision Date: |
27th March 2000 |
| |
Surname: |
Read and others |
| |
Union Name: |
Musicians' Union |
| |
Summary: |
Exclusion of candidate in an election.
Appointment of, and notification to members of name of, scrutineer.
Independence of scrutineer.
Terms of enforcement order requiring union to rerun election for post of General Secretary.
(Section 47; section 49) |
|
Case Title: |
Brown v Public and Commercial Services Union (PCS) |
|
|
Decision No. |
D/1/00 |
|
|
Decision Date: |
16th March 2000 |
| |
Surname: |
Brown |
| |
Union Name: |
Public and Commercial Services Union (PCS) |
| |
Summary: |
General Secretary not elected to post within last five years. Comments made regarding exceptions provided in the Act in respect of mergers and office holders approaching retirement.
(Section 48) |
|
Case Title: |
Gates v Broadcasting Entertainment Cinematograph and Theatre Union (BECTU) |
|
|
Decision No. |
D/9/00 |
|
|
Decision Date: |
10th March 2000 |
| |
Surname: |
Mr TD Gates |
| |
Union Name: |
Broadcasting Entertainment Cinematograph and Theatre Union (BECTU) |
| |
Summary: |
Time Limits. Decision on jurisdiction to hear complaint made over 12 months after an election.
(Section 54) |
|
Case Title: |
Communication Workers Union |
|
|
Decision No. |
D/9/99 |
|
|
Decision Date: |
25th November 1999 |
| |
Surname: |
|
| |
Union Name: |
Communication Workers Union |
| |
Summary: |
Complaint brought under section 55 of the 1992 Act |
|
Case Title: |
National Union of Journalists |
|
|
Decision No. |
D/7-8/99 |
|
|
Decision Date: |
23rd September 1999 |
| |
Surname: |
|
| |
Union Name: |
National Union of Journalists |
| |
Summary: |
Complaint brought under section 55 of the 1992 Act |
|
Case Title: |
Association of Teachers and Lecturers (ATL) |
|
|
Decision No. |
D/6/99 |
|
|
Decision Date: |
22nd July 1999 |
| |
Surname: |
|
| |
Union Name: |
Association of Teachers and Lecturers (ATL) |
| |
Summary: |
Modification of an election address and observations on fairness of a union’s executive in seeking to persuade members to vote for a particular candidate, such action not unlawful interference.
(Section 48) |
|
Case Title: |
Public and Commercial Services Union (PCS) |
|
|
Decision No. |
D/4-5/99 |
|
|
Decision Date: |
3rd June 1999 |
| |
Surname: |
|
| |
Union Name: |
Public and Commercial Services Union (PCS) |
| |
Summary: |
Appointment of scrutineer and interference with the scrutineer in carrying out his functions. Observations also made on the issue of fairness in election ballots.
(Section 49; section 51) |
|
Case Title: |
Fire Brigade Union (FBU) |
|
|
Decision No. |
D/3/99 |
|
|
Decision Date: |
6th May 1999 |
| |
Surname: |
|
| |
Union Name: |
Fire Brigade Union (FBU) |
| |
Summary: |
Application withdrawn. Observations made by the Certification Officer regarding an applicant's anonymity.
(Section 51) |
|
Case Title: |
British Actors Equity Association incorporating the Variety Artistes Federation (Equity) |
|
|
Decision No. |
D/1-2/99 |
|
|
Decision Date: |
8th April 1999 |
| |
Surname: |
|
| |
Union Name: |
British Actors Equity Association incorporating the Variety Artistes Federation (Equity) |
| |
Summary: |
Indirect election of the union’s President. Union’s Principle Executive Committee.
(Section 46) |
|
Case Title: |
The Public and Commercial Services Union |
|
|
Decision No. |
D/8-12/98 |
|
|
Decision Date: |
6th November 1998 |
| |
Surname: |
|
| |
Union Name: |
Public and Commercial Services Union(PCS) |
| |
Summary: |
Breach of Section 46-53 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
Associated Society of Locomotive Engineers and Firemen (ASLEF) |
|
|
Decision No. |
D/7/98 |
|
|
Decision Date: |
27th October 1998 |
| |
Surname: |
|
| |
Union Name: |
Associated Society of Locomotive Engineers and Firemen (ASLEF) |
| |
Summary: |
Breach of Chapter IV Part 1 of the Trade Union and Labour Relations (Consolidated) Act 1992 |
|
Case Title: |
Manufacturing Science and Finance Union (MSF) |
|
|
Decision No. |
D/1-5/98 |
|
|
Decision Date: |
8th April 1998 |
| |
Surname: |
|
| |
Union Name: |
Manufacturing Science and Finance Union (MSF) |
| |
Summary: |
Failure to secure that the entries in its membership register were accurate and up to date. Comments also on appointment of scrutineer and on entitlement to vote.
(Section 49; section 50; section 51) |
|
Case Title: |
Association of First Division Civil Servants (FDA) |
|
|
Decision No. |
D/6/98 |
|
|
Decision Date: |
7th January 1998 |
| |
Surname: |
|
| |
Union Name: |
Association of First Division Civil Servants (FDA) |
| |
Summary: |
Breach of Chapter IV Part 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
Transport and General Workers Union |
|
|
Decision No. |
D/3/97 |
|
|
Decision Date: |
29th May 1997 |
| |
Surname: |
|
| |
Union Name: |
Transport and General Workers Union (TGWU) |
| |
Summary: |
Breach of Section 50 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
Union of Shop Distributive and Allied Workers (USDAW) |
|
|
Decision No. |
D/2/97 |
|
|
Decision Date: |
5th February 1997 |
| |
Surname: |
|
| |
Union Name: |
Union of Shop Distributive and Allied Workers (USDAW) |
| |
Summary: |
Material circulated at the time of an election not part of an election address and did not constitute unlawful interference with members entitlement to vote.
(Section 51) |
|
Case Title: |
Union of Shop, Distributive and Allied Workers (USDAW) |
|
|
Decision No. |
D/2/97 |
|
|
Decision Date: |
5th February 1997 |
| |
Surname: |
|
| |
Union Name: |
Union of Shop, Distribution and Allied Workers (USDAW) |
| |
Summary: |
Breach of Section 48 of the Trade Union and Labour Relations (Consolidation0 Act 1992 |
|
Case Title: |
Manufacturing Science and Finance Union (MSF) |
|
|
Decision No. |
D/1/97 |
|
|
Decision Date: |
16th January 1997 |
| |
Surname: |
|
| |
Union Name: |
Manufacturing Science and Finance Union (MSF) |
| |
Summary: |
Preliminary determination, held that the Professional Sales Association section of MSF not a trade union in its own right.
(Section 55) |
|
Case Title: |
Proffessional Sales Association (PSA) of the Manufacturing, Science and Finance Union |
|
|
Decision No. |
D/1/97 |
|
|
Decision Date: |
16th January 1997 |
| |
Surname: |
|
| |
Union Name: |
Manufacturing, Science and Finance Union (MSFU) |
| |
Summary: |
Breach of section 46(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
Transport and General Workers Union |
|
|
Decision No. |
D/14-15/96 |
|
|
Decision Date: |
24th October 1996 |
| |
Surname: |
|
| |
Union Name: |
Transport and General Workers Union (TGWU) |
| |
Summary: |
Breach of Section 48(6) and 48(3) of the Trade Union and Labour Relations (consolidation) Act 1992 |
|
Case Title: |
Civil and Public Services Association |
|
|
Decision No. |
D/10-13/96 |
|
|
Decision Date: |
4th September 1996 |
| |
Surname: |
|
| |
Union Name: |
Civil and Public Services Association (CPSA) |
| |
Summary: |
Breach of Section 24, 5(4)(a), 50(1) and 51(2)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
Prison Officers Association (POA) |
|
|
Decision No. |
D/4-9/96 |
|
|
Decision Date: |
9th August 1996 |
| |
Surname: |
|
| |
Union Name: |
Prison Officers Association (POA) |
| |
Summary: |
Decisions on jurisdiction in Northern Ireland; unlawful interference in an election: convenient opportunity to vote by post; provision of scrutineer’s report to members and determination of the result of the ballot by the number of votes directly cast.
(Section 51; section 52) |
|
Case Title: |
Transport and General Workers Union |
|
|
Decision No. |
D/1-3/96 |
|
|
Decision Date: |
19th June 1996 |
| |
Surname: |
|
| |
Union Name: |
Transport and General Workers Union (TGWU) |
| |
Summary: |
Breach of Sections 48(1), 48(3) and 48(5) of the Trade Union and Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
Civil and Public Services Association (CPSA) |
|
|
Decision No. |
D/2/95 |
|
|
Decision Date: |
6th June 1995 |
| |
Surname: |
|
| |
Union Name: |
Civil and Publc Services Association (CPSA) |
| |
Summary: |
Breach of Section 52 (6) of the Trade Union Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
Civil and Publi Services Association |
|
|
Decision No. |
D/1/95 |
|
|
Decision Date: |
17th May 1995 |
| |
Surname: |
|
| |
Union Name: |
Civil and Public Services Association (CPSA_ |
| |
Summary: |
Breach of Section 51(4) of the Trade Union and Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
Civil and Public Servants Association |
|
|
Decision No. |
D/8/94 |
|
|
Decision Date: |
30th December 1994 |
| |
Surname: |
|
| |
Union Name: |
Civil and Public Services Association |
| |
Summary: |
Complaint brought under section 55 of the 1992 Act. |
|
Case Title: |
Offshore Industry Liaison Committee (OILC) |
|
|
Decision No. |
D/7/94 |
|
|
Decision Date: |
25th November 1994 |
| |
Surname: |
|
| |
Union Name: |
Offshore Industry Liaison Committee (OILC) |
| |
Summary: |
Union had not appointed a scrutineer as election had been uncontested. Decision made that the legislation requires the appointment of a scrutineer for all statutory elections whether contested or not.
(Section 49) |
|
Case Title: |
Civil and Public Servants Association |
|
|
Decision No. |
D/5/94 |
|
|
Decision Date: |
27th May 1994 |
| |
Surname: |
|
| |
Union Name: |
Civil and Public Servants Association |
| |
Summary: |
Complaint brought under section 55 of the 1992 Act |
|
Case Title: |
National Association of Teachers in Further and Higher Education |
|
|
Decision No. |
D/6/94 |
|
|
Decision Date: |
20th May 1994 |
| |
Surname: |
|
| |
Union Name: |
National Association of Teachers in Further and Higher Education |
| |
Summary: |
Complaint brought under section 55 of the 1992 Act. |
|
Case Title: |
National Union of Mineworkers (Yorkshire Area) |
|
|
Decision No. |
D/3-4/94 |
|
|
Decision Date: |
17th March 1994 |
| |
Surname: |
|
| |
Union Name: |
National Union of Mineworkers (Yorkshire Area) |
| |
Summary: |
General Secretary and executive committee not elected in accordance with the Act. Rights of Limited Members of the union to bring a complaint.
(Section 46; section 54 (2)) |
|
Case Title: |
Union of Shop Distributive and Allied Workers (USDAW) |
|
|
Decision No. |
D/1-2/94 |
|
|
Decision Date: |
13th January 1994 |
| |
Surname: |
|
| |
Union Name: |
Union of Shop Distributive and Allied Workers (USDAW) |
| |
Summary: |
Unlawful interference with right to vote and on a candidate’s election address. Observations made that “however unfair” a member or candidate might feel it to be, the legislation does not prohibit a union’s executives seeking to persuade members to nominate and vote for one candidate rather than another.
(Section 51) |
|
Case Title: |
Association of University Teachers |
|
|
Decision No. |
D/3-5/93 |
|
|
Decision Date: |
7th July 1993 |
| |
Surname: |
|
| |
Union Name: |
Association of University Teachers (AUT) |
| |
Summary: |
Complaints brought under sections 25 and 55 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
National Union of Rail Maritime and Transport Workers |
|
|
Decision No. |
D/2/93 |
|
|
Decision Date: |
10th June 1993 |
| |
Surname: |
|
| |
Union Name: |
National Union of Rail Maritime and Transport Workers (RMT) |
| |
Summary: |
Complaint brought under section 55 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
Graphical Paper and Media Union |
|
|
Decision No. |
D/1/93 |
|
|
Decision Date: |
11th March 1993 |
| |
Surname: |
|
| |
Union Name: |
Graphical Paper and Media Union (GPMU) |
| |
Summary: |
Complaint brought under section 55 of the Trade Union and Labour Relations (Consolidation) Act 1992 |
|
Case Title: |
Society of Graphical and Allied Trades 1982 |
|
|
Decision No. |
D/2/91 |
|
|
Decision Date: |
31st July 1991 |
| |
Surname: |
|
| |
Union Name: |
Society of Graphical and Allied Trades 1982 (SOGAT) |
| |
Summary: |
Complaint brought under section 5 of the Trade Union Act 1984 |
|
Case Title: |
National Union of Civil and Public Servants |
|
|
Decision No. |
D/1/91 |
|
|
Decision Date: |
1st May 1991 |
| |
Surname: |
|
| |
Union Name: |
National Union of Civil and Public Servants (NUCPS) |
| |
Summary: |
Complaint brought under section 5 of the Trade Union Act 1984 |
|
Case Title: |
Iron and Steel Trades Confederation |
|
|
Decision No. |
D/4/90 |
|
|
Decision Date: |
21st December 1990 |
| |
Surname: |
|
| |
Union Name: |
Iron and Steel Trades Confederation |
| |
Summary: |
Complaint brought under section 5 of the Trade Union Act 1984 |
|
Case Title: |
Broadcasting and Entertainment Trades Alliance |
|
|
Decision No. |
D/5/90 |
|
|
Decision Date: |
21st December 1990 |
| |
Surname: |
|
| |
Union Name: |
Broadcasting and Entertainment Trades Alliance |
| |
Summary: |
Complaint brough under section 5 of the Trade Union Act 1984 |
|
Case Title: |
Society of Graphical and Allied Trades |
|
|
Decision No. |
D/3/90 |
|
|
Decision Date: |
5th October 1990 |
| |
Surname: |
|
| |
Union Name: |
Society of Graphical and Allied Trades |
| |
Summary: |
Complaint brought under section 5 of the Trade Union Act 1984 |
|
Case Title: |
Confederation of Health Service Employees |
|
|
Decision No. |
D/2/90 |
|
|
Decision Date: |
17th August 1990 |
| |
Surname: |
|
| |
Union Name: |
Confederation of Health Service Employees |
| |
Summary: |
Complaint brought under section 5 of the Trade Union Act 1984 |
|
Case Title: |
Self Employed and Employed Electricians Association |
|
|
Decision No. |
D/1/90 |
|
|
Decision Date: |
10th July 1990 |
| |
Surname: |
|
| |
Union Name: |
Self Employed and Employed Electricians Association |
| |
Summary: |
Complaint brought under section 5 of the Trade Union Act 1984 |
|
Case Title: |
Union of Shop Distributive and Allied Workers (USDAW) |
|
|
Decision No. |
D/3/89 |
|
|
Decision Date: |
17th August 1989 |
| |
Surname: |
|
| |
Union Name: |
Union of Shop Distributive and Allied Workers (USDAW) |
| |
Summary: |
Unlawful interference with right to vote |
|
Case Title: |
Transport and General Workers Union |
|
|
Decision No. |
D/2/89 |
|
|
Decision Date: |
2nd June 1989 |
| |
Surname: |
|
| |
Union Name: |
Transport and General Workers Union (TGWU) |
| |
Summary: |
Complaint of breach of section 2(7) and 3 of the Trade Union Act 1984 |
|
Case Title: |
Transport and General Workers Union |
|
|
Decision No. |
D/2/89 |
|
|
Decision Date: |
2nd June 1989 |
| |
Surname: |
|
| |
Union Name: |
Transport and General Workers Union |
| |
Summary: |
Complaint brought under section 5 of the Trade Union Act 1984 |
|
Case Title: |
General Municipal Boilermakers and Allied Trades Union |
|
|
Decision No. |
D/3/88 |
|
|
Decision Date: |
14th August 1988 |
| |
Surname: |
|
| |
Union Name: |
General Municipal Boilermakers and Allied Trades Union |
| |
Summary: |
Complaint of breach of section 2(7) of the Trade Union Act 1984. |
|
Case Title: |
National Association of Teachers in Further and Higher Education (NATFHE) |
|
|
Decision No. |
D/2/88 |
|
|
Decision Date: |
12th August 1988 |
| |
Surname: |
|
| |
Union Name: |
National Association of Teachers in Further and Higher Education (NATFHE) |
| |
Summary: |
Exclusion as a candidate at an election. |
|
Case Title: |
Transport and General Workers Union |
|
|
Decision No. |
D/1/88 |
|
|
Decision Date: |
4th August 1988 |
| |
Surname: |
|
| |
Union Name: |
Transport and General Workers Union |
| |
Summary: |
Complaint brought under section5 of the Trade Union Act 1984 |
|
Case Title: |
Shears v National and Local Government Officers Association |
|
|
Decision No. |
D/6/87 |
|
|
Decision Date: |
18th August 1987 |
| |
Surname: |
Ms T Shears |
| |
Union Name: |
National and Local Government Officers Association (NALGO) |
| |
Summary: |
Complaint of breach of section 2(1) of the 1984 Act |
|
Case Title: |
Stone v National Association of Teachers in Further and Higher Education (NATFHE) |
|
|
Decision No. |
D/5/87 |
|
|
Decision Date: |
30th June 1987 |
| |
Surname: |
Mr G Stone |
| |
Union Name: |
National Association of Teachers in Further and Higher Education (NATFHE) |
| |
Summary: |
Entitlement to vote not accorded equally to all members.
Exclusion as a candidate.
General Secretary appointed. Not elected |
|
Case Title: |
Wagland v Confederation of Health Service Employees |
|
|
Decision No. |
D/3/87 |
|
|
Decision Date: |
17th March 1987 |
| |
Surname: |
Mr D Wagland |
| |
Union Name: |
Confederation of Health Service Employees (COHSE) |
| |
Summary: |
Complaint of breach of section 2(1) of the Trade Union Act 1984. |
|
Case Title: |
Flavin & others v Union of Construction Allied Trades and Technicians |
|
|
Decision No. |
D/2/87 |
|
|
Decision Date: |
17th February 1987 |
| |
Surname: |
Mr J Flavin |
| |
Union Name: |
Union of Construction and Allied Trades and Technicians (UCATT) |
| |
Summary: |
Complaint of breach of section 2(9) of the Trade Union Act 1984. |
|
Case Title: |
Whiteman & others v Amalgamated Union of Engineering Workers - Technical, Administrative and Supervisory Section |
|
|
Decision No. |
D/1/87 |
|
|
Decision Date: |
3rd February 1987 |
| |
Surname: |
Mr Whiteman & others |
| |
Union Name: |
Amalgamated Union of Engineering Workers - Technical, Administrative and Supervisory Section |
| |
Summary: |
Complaint of breach of 2(1) and 2(8)(b) of the Trade Union Act 1984. |
|
Case Title: |
Jarrett v Union of Communication Workers |
|
|
Decision No. |
D/17/86 |
|
|
Decision Date: |
26th November 1986 |
| |
Surname: |
Mr K R Jarrett |
| |
Union Name: |
Union of Communication Workers |
| |
Summary: |
Complaint of breach of section 2(1) of the Trade Union Act 1984. |
|
Case Title: |
Corti v Transport and General Workers Union (TGWU) |
|
|
Decision No. |
D/16/86 |
|
|
Decision Date: |
28th October 1986 |
| |
Surname: |
Mr F G Corti |
| |
Union Name: |
Transport and General Workers Union (TGWU) |
| |
Summary: |
Complaint of breach of sections 2(8)(b) & (c) and 2(9) of the Trade Union Act 1984 |
|
Case Title: |
Paul v National and Local Government Officers Association (NALGO) |
|
|
Decision No. |
D/8-15/86 |
|
|
Decision Date: |
30th September 1986 |
| |
Surname: |
Mr A Paul |
| |
Union Name: |
National and Local Government Officers Association (NALGO) |
| |
Summary: |
Certification Officer decided that the indirect election to the position of Junior Vice-President of the union failed to comply with the requirements of the Act which requires that no member of a trade union should be unreasonably excluded from standing as a candidate for election. |
|
Case Title: |
Haggarty v Transport and General Workers Union (TGWU) |
|
|
Decision No. |
D/7/86 |
|
|
Decision Date: |
18th August 1986 |
| |
Surname: |
Mr R Haggarty |
| |
Union Name: |
Transport and General Workers Union (TGWU) |
| |
Summary: |
Complaint of breach of sections 2(7) and 2(8)(c) |
|
Case Title: |
Snel v Association of Cinematograph, Television and Allied Technicians |
|
|
Decision No. |
D/6/86 |
|
|
Decision Date: |
17th July 1986 |
| |
Surname: |
Mr O Snel |
| |
Union Name: |
Association of Cinematograph, Television and Allied Technicians |
| |
Summary: |
Complaint of breach of section 2(1) of the Trade Union Act 1984 |
|
Case Title: |
Noakes v Transport and General Workers Union |
|
|
Decision No. |
D/5/86 |
|
|
Decision Date: |
24th June 1986 |
| |
Surname: |
Mr M J Noakes |
| |
Union Name: |
Transport and General Workers Union (TGWU) |
| |
Summary: |
Complaint of breach of section 3(1) of the Trade Union Act 1984 |
|
Case Title: |
Wills & others v Transport and General Workers Union |
|
|
Decision No. |
D/4/86 |
|
|
Decision Date: |
22nd May 1986 |
| |
Surname: |
Mr L Wills & others |
| |
Union Name: |
Transport and General Workers Union (TGWU) |
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Summary: |
Complaint of breach of section 2(7) of the Trade Union Act 1984 |
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Case Title: |
Liley v Transport and General Workers Union (TGWU) |
|
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Decision No. |
D/3/86 |
|
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Decision Date: |
21st April 1986 |
| |
Surname: |
Mr P Liley |
| |
Union Name: |
Transport and General Workers Union (TGWU) |
| |
Summary: |
Complaint of breach of section 2(7) of the Trade Union Act 1984 |
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Case Title: |
Rey v Film Artistes' Association |
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Decision No. |
D/2/86 |
|
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Decision Date: |
11th April 1986 |
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Surname: |
Ms Y Rey |
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Union Name: |
Film Artistes' Association |
| |
Summary: |
Complaint of breach of section 2(6)(a) of the Trade Union Act 1984 |
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Case Title: |
Stemp, Lowes and others v NUR |
|
|
Decision No. |
D/1/86 |
|
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Decision Date: |
10th March 1986 |
| |
Surname: |
Mr P Stemp, Mr L Lowes |
| |
Union Name: |
National Union of Railwaymen (NUR) |
| |
Summary: |
Breach of Section 5 of the Trade Union Act 1984 |
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