Internal union matters




Several internal union procedures are now regulated by legislation. In particular, the law has been changed in important respects as to the political fund (see page 173) and as to collecting dues through check off (see page 172) 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 official industrial action (see page 201).





Union members also have rights set out in the union’s own rule book. The rulebook defines the contractual relationship between member and union and governs when a member can expect union representation and support. 





Under section 174, TULRCA, a union can exclude or expel someone who fails to meet its membership requirements, or because of their conduct. Unions can expel individuals with political views 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 (that is, liable even though the union is not itself at fault) as employers for the wrongful acts of employed officers, and also for the wrongful acts of elected or appointed union reps while engaged in union business (Unite the Union v Nailard [2018] EWCA 1203). This is particularly relevant in the context of equality law (see Chapter 7), where a union risks being held liable for acts of discrimination or harassment by reps or officers when carrying out union business. It is also a concern in the context of whistleblowing (see Chapter 13) and data protection (see Chapter 15). To protect themselves from potential liability, unions need clear, well-publicised internal policies and review mechanisms and to provide regular training and guidance for all reps and officers. 




Sections 24-61, 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 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 act as scrutineer); and





• members are told who the scrutineers are to be and their names are added to the ballot paper (section 51).





Section 65, TULRCA says that a union must 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.