Tribunal outlaws BECTU elections

The union has been instructed to change its system for electing presidents.

An Employment Appeal Tribunal has upheld a complaint by an individual member of BECTU that current election rules do not comply with the law.

At present, the union elects its president from within the National Executive Committee (NEC) every two years. All members of the NEC are elected to their positions, and according to the labour laws in force in 1991, when BECTU's rule book was drawn up, their elected status entitled them to choose a president from within their number.

However the complainant argued that a change in the law, made in 1992 and overlooked by most UK unions, should be interpreted to mean that union presidents have to be elected by the entire membership.

At an original hearing last year, the Union Certification Officer, the government-appointed union watchdog, ruled that this interpretation was correct. BECTU had argued that the 1992 legislation was meant to "tidy up", and not alter, the previous rules.

An appeal was lodged against the Certification Officer's decision, based partly on legal advice that an Employment Appeal Tribunal would be able to refer back to the pre-1992 statutes and determine whether they had in fact been inadvertantly changed by that year's Consolidation Act.

In the event, the Employment Appeal Tribunal which heard the appeal on April 10, decided that the 1992 legislation should take precedence.

BECTU is waiting for written confirmation of the decision, together with the Tribunal's reasons for rejecting the appeal.

The union has given notice that it will not appeal to any higher body, and the NEC plans to propose rule changes to BECTU's Annual Conference in May which will put its electoral process in line with the 1992 legislation.

Other UK unions may be affected by the outcome of the appeal, since many of them are still working to the pre-1992 legislation, and elect presidents from within their National Executive Committees. However, none will be obliged to change their electoral systems unless legal complaints are lodged by members.

BECTU is not the first union to face a challenge over this issue - actor's union Equity changed its election process last year, and the Musicians' Union is dealing with a number of legal complaints from members, including one about the way it elects presidents.