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Certification Officer: general announcements and latest decisions

Certification Officer

January 10
15:36 2020

10 January 2020

Breach of statutory balloting procedures (D/26/19-20)

Mr Crew made a complaint under s46 of the Trade Union and Labour Relations (Consolidation) Act 1992 relating to the election for Assistant General Secretary for the Unions Aegon Branch. The Certification Officer upheld the complaint and made an enforcement order in relation to the breach of Section 46(1)(a) of the 1992 Act.

17 December 2019

Breach of Union Rules decision:Jones v UNISON (D/25/19-20)

Mr Jones made a complaint of a breach of union rule relating to the 2019-2021 NEC Election Procedures. 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.

22 November 2019

Breach of Union Rules decision:Dunham v Society of Radiographers (D/24/19-20)

Mr Dunham 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 disciplinary proceedings. The Certification Officer dismissed his complaint.

4 November 2019

Breach of Union Rules decision: Hussain v CWU (2) (Part 1) (D/20-23/19-20)

Mr Hussain made 5 complaints of breach of union rules in relation to the elections at the South East No.5 branch of the Union. The Certification Officer struck out complaints 2-5 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.

Complaint 1 is yet to be determine by the Certification Officer.

22 October 2019

Breach of Statute decision: Parlour v NASUWT (D/19/19-20)

Mrs Parlour made one complaint under s46 of the Trade Union and Labour Relations (Consolidation) Act 1992 relating to the election of the General Secretary. The Certification Officer upheld the complaint but did not find it appropriate to make an enforcement order as the union had already started the process of electing a General Secretary.

22 October 2019

Breach of union rules decision: Watkins v British Medical Association (D/13-18/19-20)

Dr Watkins made six complaints of breaches of rules relating to the unions disciplinary procedure. The Certification Office dismissed complaints 2-6. Complaint 1 was conceded by the union. The Certification Officer declined to make an enforcement order as Mr Watkins period of suspension ended and had no bearing for his eligibility to stand for Council elections in 2018.

5 September 2019

The Annual Report of the Certification Officer, Sarah Bedwell, was laid before Parliament today 5 September 2019. The report describes the work of the Certification Officer over the year 1 April 2018 to 31 March 2019 and provides detailed information on all trade unions and employers associations. The statistical information it contains is drawn from the annual returns received during the reporting period, which relate mainly to the year ending 31 December 2017.

30 August 2019

Political funds decision: Oley & Others v Unite the Union (D/12/19-20)

Mr Oley and Others made a complaint under section 72A(1) of the Trade Union and Labour Relations (Consolidation Act) 1992 for an alleged breach of Section 71(1) against the union for using 1,965.34 from its General Fund for political purposes. The Certification Officer made a declaration but did not make an Order as the Union had repaid the monies in its General Fund

02 August 2019

Breach of union rules decision: Watkins v British Medical Association (D/11/19-20)

Dr Watkins made a number of complaints of breach of union rules in relation to disciplinary proceedings. The Certification Officer struck out his Complaint 7 under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it had no reasonable prospect of success.

25 July 2018

The Certification Officers Annual Report 2018-19 will not be published in July 2019 as planned. It will now be published after the Parliamentary summer recess.

05 July 2019

Breach of union rules decision: Tavsanoglu v GMB (D/8/19-20)

Dr Tavsanoglu made a complaint of breach of union rule in relation to her alleged removal from office. 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.

03 July 2019

Breach of union rules decision: Bell v Unite the Union (D/10/19-20)

This application was made under Section 108A(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.The Certification Officer dismissed the application upon withdrawal by the applicant.

26 June 2019

Breach of union rules decision: Simpson v Unite the Union (D/9/2019-20)

Mr Simpson made 3 complaints of breach of union rules in relation to disciplinary proceedings. The Certification Officer struck out complaint 3 under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that it had reasonable prospect of success and/or is otherwise misconceived.

Complaints 1 and 2 were struck by the Certification Officer in the decision D/5-6/19-20.

19 June 2019

Breach of union rules decision: Dinsdale v Unite the Union

Mr Dinsdale made 3 complaints of breach of union rules in relation to the election of the Sellafield Site Shop Stewards and the Sellafield Branch Committee . The Certification Officer struck out complaint 3 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.

Complaints 1 and 2 have yet to be determine by the Certification Officer.

6 June 2019

Breach of union rules decision: Simpson v Unite the Union

Mr Simpson made 3 complaints of breach of union rules in relation to disciplinary proceedings. The Certification Officer struck out complaints 1 and 2 under section 256ZA of the Trade Union and Labour Relations (Consolidation) Act 1992 on the basis that they have no reasonable prospect of success and/or are otherwise misconceived.

Complaint 3 has yet to be determined by the Certification Officer.

6 June 2019

Breach of union rule decision: Dosanjh v POA

Mr Dosanjh made a complaint of breach of union rule in relation to the election of the Deputy General Secretary. The Certification Officer dismissed the application upon withdrawal by the applicant.

20 May 2019

Breach of union rule decision: Bromfield v GMB

Mr Bromfield made two complaints of breach of union rule in relation to disciplinary proceedings. 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.

12 April 2019

Breach of union rules decision: McFad

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