EAT Trade Union Membership – The Certification Officer did not err in dismissing all but one Complaint of breach of the Rules of the National Union of Mineworkers (‘NUM Rules’) and in some Complaints of Section 47(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) made by a member of the National Union of Mineworkers arising out of the election of another member as Yorkshire Area Agent and the Complainant’s exclusion from candidacy for the post of National Secretary. Whilst the CO erred in his construction of Rule 5A(iii) of the NUM Rules by holding that lay National Officials were entitled to full membership even if they were not employed by the Union or an Area, he did not err in law or come to a perverse conclusion in deciding that the National Secretary whose election was challenged was employed under an express or implied contract to carry out administrative duties for the Yorkshire Area and so was entitled to full membership of the Union. The Certification office erred in including in the Enforcement Order on Complaint 1 text which formed no part of remedying the breach of Rule which he found to have occurred. TULRCA Section 108B applied.
Slade DBE J
[2015] UKEAT 0079 – 14 – 0202
Bailii
Trade Union and Labour Relations (Consolidation) Act 1992 47(1)
England and Wales
Employment
Updated: 27 December 2021; Ref: scu.542205
