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28th September 2004

UNIFI Merger Might Never Happen

UNIFI Magazine
UNIFI's magazine 'Fusion' just before the ballot papers went out

The union's entirely one-sided campaign in the run up to the ballot was a disgrace by any standards, even the AEEU's and MSF's. All voices opposing the merger were banned from union publications, including members' letters to the editor. Union employees were mustered to tour regions and encourage members to vote 'Yes'. The front page of the union magazine (above), sent out just prior to the ballot papers, epitomises the contempt the union had for a fair debate.

helpline
Need help with your ballot paper?
Senior union officials are likely to gain personally and financially from the merger, however a substantial number of clerical staff are expected to go under a UNIFI 'voluntary' redundancy programme.

Unfortunately such blatant election rigging by a union is legal, however it is not legal to 'seriously mislead' the membership, nor to have a badly defective record of members (UNIFI admitted at the hearing they had no addresses for over 3,000 of their members and many had been this way for over 5 years). Incidentally it was also established at the hearing that UNIFI had lied on their annual return to the Certification Officer, stating that they had addresses for every member:

UNIFI Annual Return
UNIFI's annual return to the Certification Officer

It is also illegal not to equally entitle all members to vote, to constrain some members from voting (e.g. by not sending them ballot papers), or to make any members incur a direct cost to obtain their ballot papers. These illegalities form the core of Mrs Lynch's complaints against her union.

Mrs Lynch alleged that GS Ed Sweeney had seriously misled members in his 'Merger Aide Memoire' dated 27th November 2003, widely published throughout the union. In it he said

"Both working members and retired members will be eligible to stand for the positions of Branch Chair, Secretary and Treasurer"
In fact amicus' rule book forbids pensioners from holding ANY office in the union, save for a neutered pensioners' forum. UNIFI pensioners for example will no longer be Branch Secretaries, National Executive members, etc... Amicus’s rule book precludes retired members from standing for election or holding office at almost all levels including the Women's, Disabled, Black and Ethnic minority, and Gay and Lesbian structures. This rulebook is the legacy to amicus of the discredited and deposed ex-General Secretary Sir Ken Jackson.

The QC appointed by the union, probably charging £4,000 a day, was keen to point out the financial difficulties the union were in whilst the merger was held up. It was intimated that UNIFI could not afford to re-run the ballot, and stated that amicus are refusing to share the mounting legal bills incurred by UNIFI's disproportionate defence. Ed Sweeney's 5 year term of office is up this November and the union have made absolutely no arrangements for the election required by law. Presumably Mr Sweeney was hoping the merger would have gone through and he could remain a highly paid union official, without the troublesome business of an election. Mr Sweeney avoided an election 5 years ago too; instead he was appointed from a list of one. If UNIFI can't afford to re-ballot their members on a merger, how are they going to cope with a General Secretary election? On the plus side maybe they can combine the ballots.

;-)
UNIFI NEC member Patricia Lynch
The complainant Mrs Lynch gave the Certification Officer a hard time but the hearing was not without humour. At one point, nearing 6pm, Mrs Lynch said she needed to go home to take medicine for epilepsy. The CO said sympathetically "So you're epileptic?" Mrs Lynch shot back "no I'm Irish, I suffer from epilepsy". In earlier correspondence General Secretary Ed Sweeney had been referring to Mrs Lynch dismissingly as "Lynch", to which Mrs Lynch had taken exception. At the reconvened hearing Mrs Lynch pointed out that in more recent correspondence Sweeney was using the phrase "P Lynch". Mrs Lynch thanked him for "no longer taking the 'P'".

The Certification Officer's judgement was reserved and is expected to be given on Friday 8th October
[amicus.cc] Previous Story: Pensioner blocks super-union deal

Posted by www.rogerlyons.com on 28th September 2004











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