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Wednesday 10 March,2010           
 

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Q1: Can the Certification Officer investigate the affairs of a trade union?  
Q2: Can I complain that my trade union has failed to represent my interests properly?  
Q3: How can I find out whether a body is a trade union or employers’ association?  
Q4: What is a trade union or employers’ association?  
Q5: Does a trade union or employers’ association have to be registered or listed with the Certification Officer?  
Q6: What are the advantages of a trade union or employers’ association applying to be listed?  
Q7: Can I inspect the rule book of a trade union or an employer’s association?  
Q8: Can the Certification Officer help me make a complaint against my union?  
Q9: What other bodies are concerned with trade unions and employers' associations?  



Q1:top of the page Can the Certification Officer investigate the affairs of a trade union?  
A1: The Certification Officer has no general powers to investigate the affairs of a trade union. His powers are limited to adjudicating on specific complaints of alleged breaches of statute or of certain union rules that have been made by union members. For further information click on Annual Report and see the chapters dealing with these types of complaint. The Certification Officer has special powers to appoint an inspector to investigate the financial affairs of a trade union but only in restricted circumstances and if there is evidence to suggest financial irregularities. For further information click on Guidance and see the booklet 'Financial irregularities'."  
     
Q2:top of the page Can I complain that my trade union has failed to represent my interests properly?  
A2: The Certification Officer can only deal with complaints concerning alleged breaches of statute or of certain union rules. Unless you can identify a union rule, which has been breached and which falls within one of the areas covered by the Certification Officer’s jurisdiction the Certification Officer will not be able to help you. In general it is unlikely that allegations regarding failure to provide proper representation will be a matter for the Certification Officer. For more information click on Annual Report. Chapter 9 of the latest annual report deals with complaints about breach of union rules.  
     
Q3:top of the page How can I find out whether a body is a trade union or employers’ association?  
A3: You can check whether a body is a trade union or employers’ association by going to Trade Unions or Employers' Associations on this site, and examining the lists.  
     
Q4:top of the page What is a trade union or employers’ association?  
A4: The statutory definition of a trade union and of an employersÂ’ association can be found in Chapter 1 of the latest Annual Report.  
     
Q5:top of the page Does a trade union or employers’ association have to be registered or listed with the Certification Officer?  
A5: No. There is no requirement for trade unions or employers’ associations to be registered or listed. However, if an organisation satisfies the statutory definition of a trade union or employers’ association, it is required to comply with various statutory provisions whether or not it is listed. These requirements are set out in the Trade Union and Labour Relations (Consolidation) Act 1992 (as amended). Any such organisations can voluntarily apply for entry on the list of trade unions and employers' associations maintained by the Certification Officer. For more information click on Annual Report. Chapter 1 of the latest annual report deals with the listing of trade unions and employers' associations.  
     
Q6:top of the page What are the advantages of a trade union or employers’ association applying to be listed?  
A6: For trade unions, listing is an essential preliminary to any application for a certificate of independence under section 6 of the 1992 Act. It is also one of the requirements for obtaining tax relief in respect of expenditure on provident benefits (section 467 of the Income and Corporation Taxes Act 1988) and a listed union enjoys certain procedural advantages in connection with the devolution of property following a change of trustees (section 13 of the 1992 Act). There are no equivalent advantages for employers' associations. However, there are two benefits of listing which are shared by trade unions and employers’ association. The fact of being on the relevant list is evidence (in Scotland, sufficient evidence) that the organisation is a trade union or employers’ association. Further, the name of a trade union or employers’ association is protected by the provision that an organisation shall not be entered in the relevant list if its name so nearly resembles the name of an organisation already on that list as to be likely to deceive the public.  
     
Q7:top of the page Can I inspect the rule book of a trade union or an employer’s association?  
A7: The rule books of trade unions and employer’s associations form part of that organisation’s annual return to the Certification Officer and as such are available for public inspection at the Certification Office. The annual return, which contains the trade union’s or employers’ association’s annual accounts, is also available for public inspection.  
     
Q8:top of the page Can the Certification Officer help me make a complaint against my union?  
A8: No. When a complaint is accepted, the Certification Officer has to adjudicate upon it. It would clearly be inappropriate for the Certification Officer, or his Office, to comment on the merits of a complaint or to give advice about it. The Certification Officer has to be completely impartial. For further information click on Complaints.  
     
Q9:top of the page What other bodies are concerned with trade unions and employers' associations?  
A9: The following organisations all have websites which may be useful to you, click on the name to go straight to their homepage:-
ACAS
The Central Arbitration Committee(CAC)
Department of Trade & Industry (DTI)
The Employment Tribunal Service (ETS)
The Employment Appeal Tribunal (EAT)
Trade Union Congress (TUC)
Confederation of British Industry (CBI)>
Northern Ireland Certification Office
 
     

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