Certification Office for Trade Unions and Employers Associations

Registration of Complaint

under the

Trade Union and Labour Relations (Consolidation) Act 1992 (as amended)

 

 

The details requested on this form are to help the Certification Officer progress your complaint as

speedily and effectively as possible. You should be aware that information contained in this form

is likely to be made available to the union you are complaining about.

 

YOUR DETAILS

1.             Your name.

David Beaumont

 

2.             Your contact address.

(Please advise the Certification Office of any change of address)

3.             Your phone and/or fax number where we can contact you.

 

 

THE UNION COMPLAINED ABOUT

 

4.             What is the name of the union you are complaining about?

Amicus MSF section

 

5.             Are you currently a member of this union?

Yes

 

6.             Were you a member at the time of the events complained about?

Yes

 

7.             What is (or was) your branch and membership number?

08688932

          (A photocopy of your most recent membership card would be helpful)

8.     Are you a member of a branch or section of this union?                 YES/NO

        If so which branch and/or section?

Hounslow and Feltham branch, Staff section

 

9.      If you are not a member of the union, were you a              YES/NO

         candidate in an election which is the subject of your

          complaint?

n/a

           

10.    Are you (or were you) an employee of the union?             YES/NO

         If so please describe your position.

n/a

 

11.    If your complaint is about a branch or section of the union how many members

         does that branch or section have?

n/a

 

YOUR COMPLAINT

(In answering any question please continue on a separate sheet if necessary)

12.      What is it you are complaining about?

Rigging of the 2001 Womens’ NEC election

 

13.     Do you think there has been a breach of the 1992 Act?       YES/NO

       If YES answer section 14.

       If NO answer section 15.

14.  Which section(s) of the 1992 Act do you think have been broken and why?

 

 

            Section 48 (3) (a) and (b) and 48 (6):

48 (3) The trade union may provide that election addresses submitted to it for distribution—

 (a) must not exceed such length, not being less than one hundred words, as may be determined by the union, and

 (b) may, as regards photographs and other matter not in words, incorporate only such matter as the union may determine.

 

48 (6) The trade union shall, so far as reasonably practicable, secure that the same facilities and restrictions with respect to the preparation, submission, length or modification of an election address, and with respect to the incorporation of photographs or other matter not in words, are provided or applied equally to each of the candidates.

 

 

Why:  See Appendix A. 

 

BREACH OF UNION RULE COMPLAINT

(Only complete sections 15 and 16 if your complaint concerns a breach of union rules, otherwise go to section 17)

 

15.  Do you think there has been a breach of the rules of the union?                   YES/NO

 

If YES answer 16 below.

 

If NO go to section 17.

 

 

16. Which rules do you think have been or are about to be broken?

Rule 30 and regulation to rule 30 (three times).  Also fraud in that a branch appears as nominating Ms Cooper but did not do so, whilst at least 2 branches that did nominate Ms Stewart do not appear or were prevented from doing so by a delay in sending out nomination forms. 

Rule 30. Canvassing

No written material of any kind may be circulated in support of a candidate in any national election within the Union without the approval of the NEC.

Regulations for the Administration of Rule

Canvassing – Rule 30 (AC 1992)

Branches may inform the members of the Branch nomination only by circulation of the Minute of the Meeting at which the relevant decision was taken.

No MSF funds or resources may be used for the circulation of material other than for the circulation of the Minute as above.

 

(a)                How have these rules been broken or are about to be broken?

Please refer to Appendix A.

(b)               When were the rules broken?

2001

 

(c)        Have you complained about the breach or             YES/NO

                        threatened breach of these rules to your union?

 

Yes, see Appendix A

 

(d)        If so on what date did you do so?

 

5th July 2001

 

(e)        How did you complain?

 

By letters (email) see Appendix A.

 

(f)         Has there been any outcome from your complaint?

 

Letter from Roger Lyons, General Secretary, on 8th December 2001 dismissing my complaints see appendix B.

 

(g)        If your complaint is being dealt with, when do you expect it to be resolved?

N/A.

GENERAL

17.      Are there any compelling reasons why the Certification Officer should consider

        not revealing your identity to the union as the person making this complaint?

No

 

18.     Have you at any stage started Court proceedings about the events you are now  

          complaining of?

No

 

 

19.  Is there anything else you would like to add?

On 21st January 2002 I and two other union members Jim Mortimer and Paul Murrell applied to AMICUS/MSF to inspect the books of the union under MSF Rule 56 and under section 30 of the TULR Act 1992.  This is partly in order to further substantiate my claims.  Despite giving in excess of the 28 days notice required by the Act, our date of 22nd February was not accepted by General Secretary Roger Lyons.  We are currently negotiating an acceptable date. See Appendix  C.

 

20.     I have enclosed copies of all relevant documents and        YES/NO

          material in my possession which I think is relevant to

          my complaint.

 

Signature

Date: 21st February 2002

Please return this form as soon as possible to the Certification Officer, Certification Office

for Trade Unions and Employers' Associations, Brandon House, 180 Borough High Street,

London SE1 1LW. Most complaints must he made within a limited time. Details of these

time limits can be obtained by ringing the Certification Office on 020 7210 2734.

 

February 2000