This document contains the decision made by the Certification Officer in this case.
Complaints from members of the PTC that the union failed to notify members of the name of the scrutineer for the ballot on the prosed merger, failed to notify members about the content of the scrutineer’s report and a compliant about the independence of the scrutineer.
In dismissing the other two complaints the Certification Officer declared that the union had failed to notify members of the name of the scrutineer for the ballot before the scrutineer began to carry out his functions. The Certification Officer declined to issue an order in respect of the breach of section 100A(8) of the 1992 Act.
Note: Decisions CO/1964/14 and CO/1964/16 were appealed to the Employment Appeals Tribunal (EAT). The appeals were heard on18/19 February 1998. The EAT dismissed the appeal against decision CO/1964/14 and upheld the appeal against the Certification Officer’s decision CO/1964/16. It was the EAT’s view that the Certification Officer had erred in his decision in the matter of the notification to members of the content of the scrutineer’s report.
The amalgamation of the CPSA and PTC to form Public and Commercial Services Union (PCS) was duly registered by the Certification Officer on 10 March 1998.
(Section 100A; section 100E)