This document contains the decision made by the Certification Officer in this case.
Three complaints by a member of the NUM (Yorkshire Area), that non members had been allowed to vote in the ballot, that members were subject to interference in the exercise of their vote and that not all members were given the opportunity to vote. The first two of these complaints were dismissed. The Certification Officer ruled that “Limited Members” were members for the purpose of section 100B of the 1992 Act and ordered a fresh ballot. The Certification Officer’s decision was appealed to the Employment Appeals Tribunal where a judgement, on 30 January 1995, overturned the Certification Officer’s decision on a point of law.