Certification Officer: general announcements and latest decisions

General announcements and latest decisions issued by the Certification Officer.

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19 November 2018

Breach of union rules decision: Hussain v Communication Workers Union

The applicant made two complaints under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 relating to branch elections. Prior to the hearing, the union conceded that the breaches had occurred. The Certification Officer upheld two complaints in relation to a breach of rules of the branch constitution and considered it appropriate to make an enforcement order. The Certification Officer ordered that:-

The Union undertake the remaining stages of the current ballot, which was originally concluded in December 2017 and which is the subject of the complaints made by Mr Hussain, in accordance with the Union’s Rules. The result of the ballot should be declared by 3 December 2018.

12 November 2018

Breach of union rules decision: Taylor v Unite the Union

The applicant made three complaints under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 relating to the union’s West Midlands Regional Committee elections.

The Certification Officer dismissed the application upon withdrawal by the applicant.

23 October 2018

Breach of union rules decision: Armstrong v Unite the Union

The applicant made a complaint under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Union had breached a disciplinary rule in relation to the applicant’s suspension from a branch office.

The Certification Officer dismissed this complaint by a decision dated 15 October 2018.

23 October 2018

Breach of union rules and breach of statute decision: McAllister v Usdaw

The applicant made one complaint under Section 55(1) and two complaints under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 relating to the union’s presidential and council elections.

The Certification Officer dismissed the application upon withdrawal by the applicant.

9 October 2018

Breach of union rules decision: Coyne & Brooks v Unite the Union (2)

The applicants made 10 complaints in relation to the 2017 election of the General Secretary of Unite the Union. This decision of Assistant Certification Officer, Mr Jeffrey Burke QC, deals with complaints 2 to 10 that were determined following a five day hearing held between 25 and 29 June 2018. The Assistant Certification Officer dismissed all nine complaints.

Complaint one was determined following a hearing on 27 March 2018 before Mr Burke QC. In a decision dated 4 May 2018 he dismissed the complaint. D/2/18-19

28 September 2018

Breach of union rules decision: Peros v Napo – the Trade Union and Professional Association for Family Court and Probation Staff

The applicant made four complaints Under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 concerning breaches of union rules in relation to disciplinary proceedings against him.

The Certification Officer upheld all the complaints but declined to make an Enforcement Order.

25 July 2018

Breach of union rules decision: Gates v Society of Chiropodists and Podiatrists

The applicant made a complaint under section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the Union had breached a provision of its handbook in relation to a representative post in NHS Highland.

On 16 July 2018 the Certification Officer refused this complaint having found that the handbook does not form part of the Union’s rules.

18 July 2018

The Certification Officer’s Annual Report 2017-2018 will not be published in July 2018 as planned. It will now be published after the Parliamentary summer recess.

8 June 2018

Breach of union rules decision Dawson v University and College Union

The applicant made two complaints under 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the union had breached its rules relating to the disciplinary process. The Certification Officer dismissed the application upon withdrawal by the applicant.

9 May 2018

Breach of union rules decision Dinsdale v GMB

The applicant made two complaints under 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 that the union had breached its rules around branch elections. The Certification Officer refused both of these complaints.

2 May 2018

Breach of union rules decision Cullen v Unite the Union

Mr Cullen made a complaint of breach of union rules in relation to removal from a post. The Certification Officer struck out the application under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it has no reasonable prospect of success and/or is otherwise misconceived.

4 May 2018

Breach of union rules decision Coyne & Brooks v Unite the Union

The applicants made 10 complaints in relation to the 2017 election of the General Secretary of Unite the Union. Assistant Certification Officer, Mr Jeffrey Burke QC, held a hearing on 27 March 2018, to determine the preliminary point, dealt with in Complaint 1, that, under the Union’s rules, there was no power to hold the election at all, at the time it was held. The Assistant Certification Officer resolved this preliminary point in favour of the Union. The remaining complaints will be heard over 5 days commencing on 25 June 2018. The details of the venue will be confirmed shortly.

23 March 2018

Breach of union rules decision Mr M Rolfe v POA

Mr Rolfe made three complaints of breach of union rules in relation to a disqualification from holding NEC posts until 2016. Two complaints were dismissed upon withdrawal by Mr Rolfe. The Certification Officer upheld one complaint in relation to a breach of union rule 10.9 and considered it appropriate to make an enforcement order. The Certification Officer ordered that:-

The NEC remove the disqualification of Mr Rolfe from holding any National Executive post which was imposed on him under rule 10.9 following his resignation as a Prison Officer on 3 May 2017. This order will take effect from the date of this decision.

15 March 2018

Breach of union rules decision Pollock v Accord

The applicant made a complaint alleging that the Union breached a rule relating to its Executive Committees. The complaint was dismissed upon withdrawal by the applicant.

/Public Release. This material comes from the originating organization/author(s)and may be of a point-in-time nature, edited for clarity, style and length. The views and opinions expressed are those of the author(s).View in full here.