EAT CERTIFICATION OFFICER
Various issues arising out of disputed elections for positions within the National Union of Mineworkers.
Held:
(1) The Certification Officer had been entitled to find that the ‘Yorkshire Area Office Branch’ was not a branch of the Union constituted in accordance with its rules.
(2) The requirements of section 50 of the Trade Union and Labour Relations (Consolidation) Act 1992 that every member be accorded an equal entitlement to vote applies to elections for the positions specified in section 46 and not to any vote which may be involved in any prior process for nominating candidates for such positions.
Observations on the fact that the Union’s current arrangements do not secure that every member is a member of a properly constituted branch.
Underhill P J
[2010] UKEAT 0407 – 09 – 2701
Bailii
Trade Union and Labour Relations (Consolidation) Act 1992 50
England and Wales
Citing:
Cited – Paul v NALGO 1987
The Certification Officer considered a challenged Union election, and said: ‘I take ‘election’ in this context to mean a process involving choice by nomination and, where there is more than one nomination, by vote.’ . .
Lists of cited by and citing cases may be incomplete.
Employment, Elections
Updated: 01 November 2021; Ref: scu.408512