Decisions

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NB: Hard Copies of all the decisions listed below are also available from the Office free of charge upon request.

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    D/06/2017
    Date: 30.06.17 Applicant: Mr Padraig Murphy Respondent: Unite the Union
    Summary: Mr Murphy made one complaint under Article 90A of the 1995 Order alleging a breach of union rule relating to the election of union officials and record keeping of official meetings. The application was dismissed upon withdrawal by the applicant.
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    D/01/2017
    Date: 02.05.17 Applicant: Mr Blaine Kilgallon Respondent: Unite the Union
    Summary: The applicant made one complaint alleging a breach of union rule relating to the election of a person to office. The application was struck out by the Certification Officer, as she could not find any case under her jurisdiction for a breach of the union's rules which had a reasonable prospect of success.
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    D/13/2016
    Date: 16.11.16 Applicant: Ms Kerry Fleck Respondent: NIPSA
    Summary: Ms Fleck made the following three complaints of breaches of Union rules under Article 90A (2) (a) of the 1995 Order relating to alleged unlawful removal from office, alleged unlawful expulsion from the Union and alleged defects in the proceedings of an executive or decision making body. The application was dismissed upon withdrawal by the applicant
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    D/14/2016
    Date: 16.11.16 Applicant: Mr PŠdraig Mackel Respondent: NIPSA
    Summary: Mr Mackle made the following three complaints of breaches of Union rules under Article 90A (2) (a) of the 1995 Order relating to alleged unlawful removal from office, alleged unlawful expulsion from the Union and alleged defects in the proceedings of an executive or decision making body. The application was dismissed upon withdrawal by the applicant
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    D/11/2016
    Date: 08.08.16 Applicant: Mr Peter McCrea Respondent: Unite the Union
    Summary: Mr McCrea made one complaint under Article 90A of the 1995 Order alleging a breach of union rule relating to the inactivity and lack of accountability to members regarding a branch of the Union. The application was dismissed upon withdrawal by the applicant.
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    D/12/2016
    Date: 08.08.16 Applicant: Mr Padraig Murphy Respondent: Unite the Union
    Summary: Mr Murphy made one complaint under Article 90A of the 1995 Order alleging a breach of union rule relating to the inactivity and lack of accountability to members regarding a branch of the Union. The application was dismissed upon withdrawal by the applicant.
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    D/10/2016
    Date: 09.06.16 Applicant: Mr Greg Lilley Respondent: Unite the Union
    Summary: Mr Lilley made one complaint under Article 90A of the 1995 Order alleging a breach of union rule relating to the inactivity and lack of accountability to members regarding a branch of the Union. The application was dismissed upon withdrawal by the applicant.
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    D/09/2015
    Date: 24.02.15 Applicant: McKeown Respondent: University and College Union
    Summary: The applicant made three complaints alleging a breach of union rule relating to a disciplinary process by her employer, the conduct of a Union official and the manner in which legal advice was provided to the applicant by solicitors appointed by the Union. The application was dismissed upon withdrawal by the applicant.
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    D/08/2014
    Date: 28.04.14 Applicant: Mr Alan Gordon Respondent: Unite the Union
    Summary: The applicant alleged certain rule breaches against the Union pertaining to the alleged non-adherence by the Union to its own membersí complaint procedure. The application was struck out on the grounds that the complaint had no basis that is within the jurisdiction of the Certification Officer and therefore had no reasonable prospect of success.
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    D/07/2014
    Date: 28.04.14 Applicant: Mr Alan Gordon Respondent: Unite the Union
    Summary: The applicant alleged certain rule breaches against the Union pertaining to the alleged misconduct of a colleague. The application was struck out by the Certification Officer on the grounds that the complaint was misconceived.
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    D/05/2014
    Date: 13.03.14 Applicant: Mr Michael McErlean Respondent: Unite the Union
    Summary: Mr McErlean made one complaint alleging a breach of union rule relating to the eligibility of retired members to hold office or stand for election by the union. The application was dismissed upon withdrawal by the applicant
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    D/06/2014
    Date: 13.03.14 Applicant: Mr Francis Fox Respondent: Unite the Union
    Summary: Mr Fox made one complaint alleging a breach of union rule relating to the eligibility of retired members to hold office or stand for election by the union. The application was dismissed upon withdrawal by the applicant.
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    D/03/2013
    Date: 03.10.13 Applicant: Patterson Respondent: GMB
    Summary: The applicant alleged breaches of rule in relation to discipline and representation. The applicant's application was struck out for excessive delay in proceeding with it.
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    D/02/2013
    Date: 18.04.13 Applicant: Mulholland Respondent: NIPSA
    Summary: The applicant alleged breaches of rules pertaining to the convening of branch meetings.The application was struck out due to the applicant's excessive delay in proceeding with it.
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    D/01/2013
    Date: 29.03.13 Applicant: McCarthy Respondent: NIPSA
    Summary: The applicant made two complaints about breaches of the Unionís rules relating to the constitution or proceedings of a committee and four about breaches of rules relating to discipline. The Certification Officer found one breach of rule relating to the constitution or proceedings of a committee to which she made an enforcement order. The remaining five complaints were not upheld.
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    D/4/2012
    Date: 22.05.12 Applicant: Smith Respondent: UNITE THE UNION
    Summary: The applicant alleged a breach of union rule in relation to disciplinary proceedings by the union. The Certification Officer dismissed the complaint upon withdrawal by the applicant.
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    D/1- 3/2012
    Date: 16.03.12 Applicant: Taylor & Smith Respondent: UNITE THE UNION
    Summary: By separate applications the applicants made three identical complaints against their Union UNITE. The complaints concerned breaches of union rules relating to the proceedings of the branch and the failure to hold elections. The Certification Officer refused to make any of the declarations sought in the three applications.
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    D/1-3/2011
    Date: 28.07.11 Applicant: Mr J McKay Respondent: UNITE THE UNION
    Summary: The applicant made three complaints of breaches of rules. Two concerned the eligibility of a person to be elected to two committees and a third to a failure by his branch to hold monthly branch meetings and branch elections by 31 December in each alternate year. The Certification Officer struck the first two complaints out at hearing on the ground that they had no reasonable prospect of success. He upheld the third complaint. He did not consider it appropriate to make an enforcement order.
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    D/10-13/2010
    Date: 20.12.10 Applicant: Mr B Rice Respondent: UNITE THE UNION
    Summary: The applicant made four complaints of breaches of rule in elections in the Unionís Ireland region. One concerned the method used to elect the Regional Political Committee (RPC), the other three the eligibility of certain persons to stand for and be elected to the Irish Executive Committee, an Area Activists Committee and the RPC. The Certification Officer found a breach of rule in the election of one person to the RPC. He did not consider it appropriate to make an order in respect of this breach. The other complaints were dismissed.
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    D/6-9/2010
    Date: 17.09.10 Applicant: Broadbent Respondent: POA
    Summary: The applicant made four complaints alleging breaches of the Unionís rules in relation to elections at the Magilligan Branch in June 2009 and January 2010. The Certification Officer found one breach of rule. He did not consider it appropriate to make an enforcement order. The other three complaints were dismissed.
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    D/3-5/2010
    Date: 31.08.10 Applicant: Bell Respondent: CWU
    Summary: The applicant alleged breaches of the Unionís rules relating to the agenda of the Annual Conference, the withdrawal of his candidacy for election to the Executive Council of ICTU and the failure of the General Secretary of the Union to process a disciplinary complaint against himself and other officers. The Certification Officer refused to make the declarations sought by the applicant. Note: This decision was appealed by Mr Bell to the Northern Ireland Court of Appeal. In a judgement delivered on 4 April 2011 (GIR8136) the Court of Appeal upheld the Certification Officerís refusal to make the declarations sought by Mr Bell in his first two complaints. It did not uphold his refusal to make a declaration on the third complaint but found instead that the Unionís General Secretary breached a disciplinary rule by not referring Mr Bellís complaint against himself and two other officers to the National Disciplinary Committee. It ordered the Union to make that referral within 14 days. The full text of the judgement can be accessed on www.bailli.org † † † †
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    D/1-2/2010
    Date: 27.07.10 Applicant: Torley & McKay Respondent: UNITE (TGWU Section)
    Summary: The applicants made two complaints alleging breaches of rule relating to the constitution or proceedings of an executive committee or decision-making meeting of the Union. The Certification Officer dismissed both complaints, one on the ground that the rule cited was not within his jurisdiction.
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    D/4-7/2009
    Date: 23.11.09 Applicant: Lawlor Respondent: UNISON
    Summary: The applicant made four complaints against his Union, UNISON. These related to breaches of the national rules of the Union and the rules of his branch, arising from disciplinary proceedings against him by the Union.In a preliminary hearing all were dismissed on the ground that they were made out of time.
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    D/1-3/2009
    Date: 23.07.09 Applicant: McCafferty Respondent: NIPSA
    Summary: .Dismissal following withdrawal by the applicant of complaints of breach of the rules of the union
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    D/69-72/2008
    Date: 08.07.08 Applicant: Boylan Respondent: UNIVERSITY COLLEGE UNION
    Summary: The applicant made four complaints against his Union, the UCU. Two complaints related to a breach of the National Rules of the Union, one to a breach of the Limavady Branch Rules (the Unionís ďModel Local RulesĒ was adopted by the Branch in this respect), and one to a breach of the rules of natural justice (which are implied into union rules). The Certification Officer refused to make the declarations sought
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    D/57-68/2008
    Date: 08.05.08 Applicant: Lewis Respondent: POA
    Summary: Dismissal following withdrawal by the applicant of complaints of breach of the rules of the union and of natural justice relating to elections and disciplinary proceedings.
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    D/32-56/2008
    Date: 08.05.08 Applicant: Jameson Respondent: POA
    Summary: Dismissal following withdrawal by the applicant of complaints of breach of the rules of the union and of natural justice relating to elections and disciplinary proceedings.
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    D/21-31/2008
    Date: 08.05.08 Applicant: Brown Respondent: POA
    Summary: Dismissal following withdrawal by the applicant of complaints of breach of the rules of the union and of natural justice relating to elections and disciplinary proceedings .
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    D/17-20/2008
    Date: 08.05.08 Applicant: Wilson Respondent: POA
    Summary: Dismissal following withdrawal by the applicant of complaints of breach of the rules of the union and of natural justice relating to elections and disciplinary proceedings .
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    D/1-16/2008
    Date: 12.02.08 Applicant: Duffy Respondent: POA
    Summary: By nine applications the applicant made sixteen complaints against his Union, the POA (Prison Officersí Association). Fifteen related to alleged breaches of the 2004 rules and one to an alleged breach of Annex D to the 2005 rules (titled ďTackling Unacceptable BehaviourĒ). Twelve of the complaints were dismissed and four upheld. The Certification Officer made an enforcement order requiring the Union to treat its decision to expel the applicant as void.
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    D/3-6/2007
    Date: 20.09.07 Applicant: Archer Respondent: UCATT
    Summary: Four complaints were made alleging breaches of the Unionís rules and its custom and practice relating to elections. Two were dismissed upon withdrawal by the applicant. The Certification Officer refused to make the declarations sought in the other two.
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    D/1-2/2007
    Date: 14.05.07 Applicant: McCready Respondent: NASUWT
    Summary: The applicant, Mrs M McCready,complained of two alleged breaches of rule by her union, the National Association of Schoolmasters Union of Women Teachers (ďNASUWT). The alleged breaches related to disciplinary proceedings taken by the union against Mrs McCready.One was dismissed upon withdrawal by the applicant. The Certification Office made a declaration of breach of rule in regard to the other. No enforcement order was made.
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    D/11-13/2006
    Date: 02.11.06 Applicant: Morgan Respondent: NASUWT
    Summary: Three complaints were made about alleged breaches of the Unionís rules relating to elections. Two were dismissed upon withdrawal by the applicant. The Certification Officer made a declaration in respect of the other. He did not consider it appropriate to make an enforcement order.
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    D/8-10/2006
    Date: 24.10.06 Applicant: Morgan Respondent: NASUWT
    Summary: Dismissal following withdrawal by the applicant of complaints of breach of the rules of the union.
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    D/6-7/2006
    Date: 27.06.06 Applicant: Egan Respondent: NASUWT
    Summary: The applicant made two complaints alleging breaches of the Unionís rules relating to discipline and to appointment to or removal from any office. The Certification Officer upheld one complaint, but did not make an enforcement order. He refused to make a declaration in respect of the other complaint.
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    D/1-5/2006
    Date: 09.01.06 Applicant: McGinley Respondent: NIPSA
    Summary: The applicant made five complaints alleging breaches of the Unionís rules relating to the proceedings of decision-making meeting, namely the award by Annual Conference of life membership to a former General Secretary of the Union. Four of the complaints were dismissed and a declaration was made in respect of the fifth. No enforcement order was made.
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    D/15-18/2005
    Date: 15.12.05 Applicant: Lewis Respondent: POA
    Summary: Four complaints were made alleging breaches of the Unionís rules relating to discipline. The Certification Officer found one breach of rule. He did not make an enforcement order. The remaining complaints were dismissed.
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    D/9-14/2005
    Date: 26.10.05 Applicant: Edgar Respondent: GMB
    Summary: The applicant made five complaints about breach of the Unionís rules relating to the constitution or proceedings of a committee and one about breach of rules relating to discipline. The Union having conceded that the five complaints were well founded, the Certification Officer made declarations in respect of each of them, but did not make any order. The complaint relating to discipline was not upheld.
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    D/8/2005
    Date: 05.09.05 Applicant: Rea & Others Respondent: TGWU
    Summary: The Certification Officer upheld a complaint which was made that the Union had breached its rules relating to the election of the Regional Committee (Ireland). The Certification Officer did not consider it appropriate to make an enforcement order.
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    D/1-7/2005
    Date: 24.05.05 Applicant: Arbuckle Respondent: NASUWT
    Summary: The applicant complained of six breaches of union rules relating to its disciplinary and appeals process and the filling of a casual vacancy created by the applicant's removal from office. The Certification Officer upheld two of the complaints but considered it inappropriate to issue an enforcement order.
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    D/9-15/2004
    Date: 23.08.04 Applicant: McCreight Respondent: CWU
    Summary: Dismissal following withdrawal by the applicant of complaints of breach of the rules of the union.
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    D/16-21/2004
    Date: 23.08.04 Applicant: Buchanan Respondent: CWU
    Summary: Dismissal following withdrawal by the applicant of complaints of breach of the rules of the union.
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    D/1-8/2004
    Date: 15.02.04 Applicant: Sweeney Respondent: UNISON
    Summary: The applicant made eight complaints by two applications. In the first application the applicant made seven complaints that the Union breached its rules in relation to branch elections. In the second application the applicant alleged the Union breached Article 3 of the 1995 Order by failing to keep an up to date register of the names and addresses of memebers. Seven of the eight complaints were upheld. The Certification Officer declared the Union had breached its rules in relation to branch elections but considered it inappropriate to make an enforcement order.
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    D/6-7/2003
    Date: 09.10.03 Applicant: Manly Respondent: GMB
    Summary: .Dismissal following withdrawal by the applicant of complaints of breach of the rules of the union
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    D/1-5/2003
    Date: 09.10.03 Applicant: Irvine Respondent: TGWU
    Summary: The applicant made three complaints of breaches of union rules. In two of the complaints the applicant alleged the union breached its rules by allowing the nomination and election to post of a Branch Secretary who did not meet the requisite financial criteria as set out in the union rules and by allowing them to remain in post. In the third complaint the applicant alleged that the Branch Secretary's conduct once appointed constituted a breach of the union's rules pertaining to the constitution and proceedings of a branch. The Certification Officer upheld the first two complaints and made an enforcement order on the union to recover any monies and awards given to the Branch Secretary during their tenure. The third complaint was upheld but an enforcement order deemed inappropriate as the union had already taken remedial action.
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    D/2002/03
    Date: 29.10.02 Applicant: McKay Respondent: TGWU
    Summary: The applicant complained the union had breached its rules by refusing to convene a meeting despite requisition by a majority of its members. The complaint was upheld and an enforcement order was made ordering the Union to pay in full the expenses incurred by members who attended the meeting by 31 December 2002.
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    D/2002/02
    Date: 09.10.02 Applicant: McKay Respondent: TGWU
    Summary: Jurisdictional hearing relating to an application concerning six complaints of alleged breaches of union rules relating to the convening of a meeting and breach of union rules arising from a disciplinary and appeals process. Two complaints were dismissed prior to the hearing; one because it was out of time and the other as it concerned a rule which was applicable only to the Republic of Ireland. At the hearing the Union accepted that the Certification Officer had jurisdiction to hear the complaint relating to the convening of a meeting. The Certification Officer ruled he did not have the jurisdiction to hear the remaining three complaints regaring a breach of union rules arising from a disciplinary and appeals process.
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    D/2002/01
    Date: 10.07.02 Applicant: Cammock & Doherty Respondent: MSF
    Summary: The applicants made six complaints alleging breaches of union rules. They alleged the union breached its rules in suspending them from office in the union. The applicants alleged further rules were breached by suspending them immediately without any opportunity to hear and question any evidence against them; by refusing to allow the members' branch to investigate matters and denying them a right of appeal against suspension. The Certification Officer upheld five of the six complaints but refused to declare that the union had breached any rule by refusing the members' branch an opportunity to investigate matters.
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    D/3/2001
    Date: 09.10.01 Applicant: Irvine Respondent: TGWU
    Summary: Jurisdictional hearing relating to five alleged breaches of union rules in regard to appointment, election and removal of a branch secretary and the constitution and proceedings of the branch. The Certification Officer retained three of the complaints and dismissed the remaining two on the grounds that they were not within his jurisdiction.
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    D/2/2001
    Date: 20.09.01 Applicant: Welsh Respondent: NIPSA
    Summary: The applicant made two complaints of breach of union rules relating to elections. Complaint one concerned alleged interference in the election ballot for general council and complaint two alleged that the scrutineer failed to carry out his functions properly. The Certification Officer refused to make a declaration in relation to complaint one and made a declaration and issued an enforcement order in relation to the scrutineer's report in respect of his failure to carry out his functions properly.
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    D/1/2001
    Date: 26.04.01 Applicant: Gilliland & Wilson Respondent: NIMA
    Summary: The applicants made two separate complaints both alleging that the union had failed to hold an election for the post of General Secretary in 1999. The two complaints, with the applicants consent, were treated as one complaint. The complaint was upheld and an enforcement order was made ordring the union to re-run the election by December 2002.
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    D/1/2000
    Date: 25.09.00 Applicant: Gilliland & Wilson Respondent: NIMA
    Summary: The applicants made two separate complaints, both alleging that the union had failed to appoint a scrutineer for the election for the post of President in 1999. The two complaints, with the applicants consent, were treated as one complaint. The Certification Officer made a declaration in relation to the complaint but as another election had been run decided it would be inappropriate to make an order requiring the Union to re-run the election.
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    D/2/2000
    Date: 25.09.00 Applicant: Thompson Respondent: TGWU
    Summary: The applicant made a complaint that the union breached its rules relating to the nomination requirements for members selected to sit on the union's Belfast District Committee. The complaint was upheld and an enforcement order was issued against the union.