A Trade Union is a membership-based organisation mainly made up of workers with special rules about election to leadership positions. One of its main objectives must include the regulation of relations between workers and employers or employers’ associations. An employers’ association is a body of employers, generally from the same sector of the economy, whose principal purposes include the regulation of relations between employers in that sector and workers or trade unions. Trade unions have duties and obligations under the Trade Union and Labour Relations (Consolidation) Act 1992 (TURLCA 1992) and case law.
A trade union must ensure proper elections take place to elect officials to the following positions;
Members of the executive include any person who is allowed to attend and speak at some or all of the meetings of the executive.It does not include a person who only attends and speaks at executive meetings to provide factual information, technical or professional advice.
The leadership election obligations do not apply to the president or general secretary if the office holder;
The election requirements do not apply to the office of president where;
The election requirements and the general entitlement to vote only apply to elections to appoint members of the executive, any position that makes a person a member of the executive, the president, or the general secretary.The requirements only apply once candidates have been nominated for election; they do not apply to the processes before nomination even if those earlier processes involve a vote [S46-S61 TULRCA 1992 and Scargill v National Union Of Mineworkers]
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