TGS


News story: Certification Officer: general announcements and latest decisions

Updated: New decision issued by the Certification Officer.

29 July 2015

Brough v Union of Construction, Allied Trades and Technicians (UCATT)

Mr Brough made a complaint alleging that the union had breached its rules in relation to its internal disciplinary procedure. The Certification Officer dismissed the complaint.

20 July 2015

The Annual Report of the Certification Officer (2014-2015) is published and laid before Parliament. It is available to be downloaded from the Certification Officer’s website. Hard copies of the report are available upon request to the Certification Office (info@certoffice.org).

25 June 2015

The Certification Officer has approved an application from “Local Government Yorkshire and Humber” to change its name to “Yorkshire and Humber (Local Authorities) Employers’ Association” with effect from 25 June 2015.

23 June 2015

Wilson v UNISON: The Public Services Union

The claimant alleged that the union breached its rules in relation to a ballot of members of the Doncaster Local Government Branch Retired Members Section. The application was struck out under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the grounds that the complaint advanced by the claimant had no reasonable prospect of success and/or was otherwise misconceived.

3 June 2015

Stevens v Union of Democratic Mineworkers

The claimant brought five complaints against the Union of Democratic Mineworkers. The complaints alleged breaches of rule relating to:

the notices required for branch meetings; the voting of a branch delegate at the Union’s Council; the election of a National Executive Committee member; the attendance of a trustee at a National Executive Committee; and a rule change relating to sections of the union.

Two of these complaints were upheld, two were dismissed and one was struck out by the Certification Officer under section 256ZA(4) of the Trade Union and Labour Relations (Consolidation) Act 1992. The Certification Officer did not make any enforcement orders.

19 May 2015

Todd v Unite the Union

The claimant brought five complaints against Unite the Union. The complaints alleged breaches of rule relating to the complainant being prevented from speaking to the National Industrial Sector Committees of the Union and the handling of her complaints relating to the issue. The Certification Officer struck out all five complaints under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the grounds that the complaints had no reasonable prospect of success and/or were otherwise misconceived.

15 May 2015

Boothroyd v UNISON

The claimant made a complaint alleging that UNISON breached its rules in removing him from membership. The claimant withdrew his complaint on the Union reinstating his membership. The Certification Officer dismissed the complaint upon withdrawal by the claimant.

15 May 2015

Beaumont (No. 4) and Mansell v Unite the Union

The claimants brought five complaints against Unite the Union. One complaint related to eligibility to sit on its Executive Council and was upheld. The other four related to the Executive Council election in 2014 Two of these complaints were upheld and two were dismissed. The Certification Officer did not make any enforcement orders.

6 May 2015

The Certification Officer has approved an application from “Whatman Staff Association” to change its name to “Whatman International Staff Association” with effect from 6 May 2015.

17 April 2015

Street and Street v UNISON (on remission from the EAT)

The complaint, as remitted to the Certification Officer by the Employment Appeal Tribunal, following the Certification Officer’s decision (D/28-29/12-13) and EAT judgement (UKEAT/0256/13) was dismissed by the Certification Officer.

30 March 2015

Groves (No. 2) v Society of Authors

The claimant alleged that the Society of Authors breached section 46(1)(b) of the Trade Union and Labour Relations (Consolidation) Act 1992 in failing to secure that a member did not hold a position on its executive for more than five years without standing for re-election. The Certification Officer dismissed the complaint upon withdrawal by the claimant.

18 March 2015

Singh v Unite the Union

Mr Singh alleged that Unite the Union breached its rules in relation to his alleged removal from office. The Certification Officer dismissed the complaint.

16 March 2015

Beaumont (No. 3) v Unite the Union

The claimant made a complaint alleging that Unite the Union breached section 30(2)(a) of the Trade Union Labour Relations Act 1992 by failing to comply within 28 days with his request to access accounting records of the union. Upon the union providing the records the claimant withdrew the complaint. The complaint was dismissed upon withdrawal by the claimant.

23 January 2015

Barton v UNISON

Mr Barton complained that the union had breached rule 5(c)(ii) of the core branch rules of its Greenwich branch during the nomination process for the 2012 interim branch elections. By consent, the Certification Officer made a declaration that UNISON had breached the rule as alleged but did not make an enforcement order.

17 December 2014

Illingworth v National Union of Teachers (NUT)

Mr Robert Illingworth made two complaints alleging that the union had breached its rules in relation to its internal disciplinary procedure. The Certification Officer dismissed both complaints upon withdrawal by Mr Illingworth.

15 December 2014

Illingworth v National Union of Teachers (NUT)

Mr John Illingworth made a complaint alleging that the National Union of Teachers (“NUT”) breached section 30(2)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) by failing to comply within 28 days with his request to access accounting records of the Union. At the hearing on 15 December 2014, the parties agreed an amicable settlement. By consent, the Certification Officer made a declaration that the NUT had breached section 30(2)(a) of the 1992 Act but did not make an enforcement order.

12 December 2014

Hayles v Union of Shop, Distributive and Allied Workers (USDAW)

The claimant made a complaint alleging that the Union of Shop, Distributive and Allied Workers (USDAW) breached section 30(2)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”) by failing to comply within 28 days to a request for access to accounting records of the union. The application was struck out under section 256ZA of the 1992 Act on the grounds of the claimant’s excessive delay in proceeding with it.

27 November 2014

Sweeney v Union of Construction, Allied Trades and Technicians (UCATT)

Mr Sweeney was expelled from the union for a period of fifteen years. He made six complaints alleging that the union had breached its rules in relation to its internal disciplinary procedure. The Certification Officer upheld the complaint in relation to Mr Sweeney’s appeal against expulsion not having been convened within the required time limit but dismissed the five other complaints. The Certification Officer made an enforcement order that the determination of the appeal panel be set aside and that the claimant’s appeal be re-heard within two months of the date of his decision.

11 November 2014

Conway v National Union of Teachers (NUT)

Mr Conway made three complaints alleging that the union had breached its rules in relation to its internal disciplinary procedure. The Certification Officer dismissed two of the complaints upon withdrawal by Mr Conway and dismissed the third complaint.

24 October 2014

Hicks v Unite the Union

Mr Hicks brought eight complaints against Unite the Union, arising from the General Secretary election in 2013. Six of the complaints were dismissed. These included his complaints that Unite had balloted non-members and had wrongfully included a subscription reminder with some ballot papers. The two complaints that were upheld related to the manner of dealing with members in long-term arrears with their subscriptions and the application of the union’s internal disciplinary procedure.

6 October 2014

Parsons v National Union of Teachers (NUT)

Mr Parsons made four complaints alleging that the union had breached its rules in relation to its internal disciplinary procedure. The Certification Officer dismissed the first three complaints but upheld the fourth complaint; he made an enforcement order that the charges against Mr Parsons that had been upheld by the union, and the sanctions subsequently applied against him, be set aside and of no effect.

26 July 2014

Grover v Public and Commercial Services Union (PCS)

The claimant made two complaints alleging the union breached its rules in relation to branch officer elections. Following correspondence, and after a hearing had been arranged, the claimant withdrew the complaints and the Certification Officer dismissed the application upon withdrawal by the claimant.

25 July 2014

White v Unite the Union

Mr White alleged that Unite the Union breached its rules in removing him from the positions he held as branch chair and shop steward. The Certification Officer dismissed the complaint upon withdrawal by Mr White.

16 July 2014

Groves v Society of Authors

Dr Groves alleged that the Society of Authors breached section 48(5) of the Trade Union and Labour Relations (Consolidation) Act 1992 in publishing on its website a biographical statement, which served the purpose of an election address for 4 of the 7 candidates for election to the Management Committee. The Certification Officer dismissed the complaint upon withdrawal by the claimant.

15 July 2014

Kelly v UCATT (No 3)

The claimant made three complaints that the union had breached its rules relating to disciplinary procedure. The Certification Officer dismissed all the complaints.

https://www.gov.uk/government/news/certification-officer-latest-decisions

seen at 14:30, 4 August in News and communications.
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