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The claimant alleged the union had breached its rules and the statutory provisions in relation to the 2009 General Secretary election. The Certification Officer held a preliminary hearing to determine whether the complaints were made in time in accordance with Section 54(3)(for the breach of statute complaints) and Section 108A(6)(7) (for the breach of rule complaints) of the Trade Union and Labour Relations (Consolidation) Act 1992. The union conceded that the breach of statute complaints had been made in time. The Certification Officer struck out the breach of rule complaints on the grounds that they were out of time.