Certification Officer decisions: Seven complaints made against the Union by an FBU member resulting from internal union discipline

Dear Brother/Sister

Certification Officer Decisions: Seven complaints made against the Union by an FBU member resulting from internal union discipline.

Under section 108A of the Trade Union and Labour Relations (Consolidation) Act 1992 a member of a trade union who claims that there has been a breach of union rules may apply to the Certification Officer for a declaration to that effect. Once the Certification Officer accepts an application, she is required to make enquiries and to determine the complaint made. If the Certification Officer makes a declaration that the union breached the relevant statutory provisions she is also required, unless she considers that it would be inappropriate, to make an order against the union.

The Certification Officer received an application from a union member, 28 August 2021, under section 108A of the Act 1992 alleging that the FBU had breached our rules.

The member made seven complaints. Following correspondence between the member and the Certification Officer the member withdrew four of those complaints and the Certification Officer would not accept one. The Certification officer published her decision 17 November 2021 in relation to the complaint that she would not accept, the Certification Officer struck out that complaint.

The Certification Officer accepted two complaints for hearing, these were in relation to the member alleging that the Union had breached rule G1(2)(i) and rule G1(3)(iii).

The Certification Officer wrote to the union 2 September 2021 requesting information so that an understanding of the complaints accepted could be achieved, the union submitted the relevant information. The Certification Officer wrote to the union 6 October to notify of her decision to list two of the complaints for a hearing on 9 December 2021.

Following the hearing the certification officer notified the union of her decision 11 January 2022, the member was notified of her decision at the same time.

The Certification Officer refused to make a declaration that the Union breached Rule G1(2)(i) as described by the member i.e. The complaint against the FBU was rejected.

The Certification Officer refused to make a declaration that the Union breached Rule G1(3)(iii) as described by the member i.e. The complaint against the FBU was rejected.

The decisions made by the Certification Officer are publically available and are available here:

https://www.gov.uk/government/collections/certification-officer-decisions-breach-of-union-rules#2021-2022

Yours in unity,

Mark Rowe
National Officer