![[Basket]](images/basket.png){kind=small}
Your order![[cover image]](images/issue/BK201305.jpg)
Internal union matters
A number of internal union procedures are also regulated by legislation. The main areas covered by the law are bars on membership, internal union elections, ballots on political funds and discipline of members.
Union members also have rights as defined by the union’s rule book. These can lay down the circumstances under which a member can expect support or representation from the union. The rulebook defines the contractual relationship between the member and the union.
Under section 174 of TULRCA, a union can exclude or expel someone from union membership if s/he does not meet the membership requirements or because of their conduct. In 2004, this was amended to specify that “conduct” can include activities carried out as a member of a political party, but not membership of a political party itself. This meant that unions were unable to expel members who were in far-right political parties such as the BNP even though their values were completely opposed to those of the union.
However, in February 2007 unions won the right to expel members of the BNP at the European Court of Human Rights (ECHR). The Court held that the right to freedom of assembly and association under Article 11 of the European Convention on Human Rights entitles unions to refuse membership to individuals whose political views are fundamentally opposed to their own.
Train drivers’ union ASLEF expelled a member after it became aware that he had been accused of harassing Anti-Nazi League campaigners and had written racist and fascist material for the BNP’s Spearhead magazine. The member, Mr Lee, brought a claim in an employment tribunal under section 174 of TULRCA. The ruling by the Employment Appeal Tribunal, that a union could expel a member for their conduct when carrying out the activities of a political party and not just because they were a member of a party, resulted in the change to the law and the union was expected to win its case.
But a second tribunal found in favour of Lee, saying that his membership of the BNP was the reason for his expulsion, and not his activities. The union was forced to re-admit him and would have been liable to pay him compensation of up to £60,600 had the decision stood. ASLEF, with financial help from 18 other unions, took the case to the European Court of Human Rights which ruled in their favour, saying that there was a violation of the union’s rights as Lee’s values and ideals fundamentally clashed with its own.
ASLEF v UK (application 11002/05)
As a result of this case, section 174 was amended (by the Employment Act 2008) to allow unions to expel members of far right organisations such as the BNP.
Sections 24-61 of TULRCA lay down the procedures to be adopted by unions in relation to:
• maintaining a register of members’ names and addresses;
• submitting annual returns; and
• conducting union elections.
When conducting elections, unions must ensure that:
• all members of a union’s national executive body, including its president and general secretary, are elected at least every five years (section 46);
• elections are by secret postal ballot (section 1);
• elections are supervised by independent scrutineers who are responsible for inspecting the membership register and producing a report on the election (section 49);
• an “independent person” undertakes the administration of the vote (this person may also serve as scrutineer); and
• members are told who the scrutineers are to be and their names must be included on the ballot paper (section 51).
Section 65 says that a union may not “unjustifiably discipline” a member and defines this as where the reason for the discipline is that the member:
• fails to participate in or support industrial action;
• seeks to take legal action against the union;
• fails to agree to check-off arrangements; or
• works with non-union members or non-union employers.
Political fund ballots must be conducted every 10 years and are subject to the same general rules. There is a right of complaint to the Certification Officer or the courts if any member believes the ballot has not been conducted according to the rules. The government-appointed Certification Officer has prime responsibility for checking the finances and independence of unions and for assisting individuals with complaints against their unions.
A complaint has to be submitted to the tribunal within three months of the action complained of.