Internal union matters



A number of internal union procedures are now regulated by legislation. The law was changed in important respects as to the political fund (see page 164) and as to collecting dues through check off (see page 163) by the TUA 16.



The main areas of union administration covered by the law are membership records, bars on membership, internal union elections, ballots on political funds, discipline of members and an annual obligation to report on industrial action supported by the union (see page 190).




Union members also have rights set out in the union’s own 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 member and union.




Under section 174, TULRCA, a union can exclude or expel someone if they do not meet the membership requirements, or because of their conduct. Unions have the right to expel individuals whose political views are fundamentally opposed to their own, such as members of the British National Party (ASLEF v The UK [2007] IRLR 361). 




Unions can be vicariously liable for the wrongful acts of directly employed officers and elected or appointed union reps while engaged on union duties or activities. This means that the union can be liable to compensate victims. This is particularly relevant in the context of equality law, where a union risks being held liable for acts of discrimination or harassment by reps or officers carrying out union business, as well as data protection law, where unions can be exposed to liability for data breaches (see Chapter 15). To protect themselves, unions need clear, well-publicised internal policies and rules and regular targeted training for all reps and officers (Unite the Union v Nailard [2015] UKEAT/0300/15/BA). See also Chapter 7.



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.