Union rep witholding information

Spikelad

Site rep refusing to disclose ballot numbers
My union recently held a ballot regarding a wage offer from our employer.The union site rep sent out a letter stating that the offer had been accepted by our union branch by an overall majority.

I asked the union rep for a Breakdown of the voting ie how many votes in favour of accepting the wage offer,how many against accepting and how many ballot papers not returned.

He refused to give me the voting numbers,he said "i dont do numbers".

I would like to make it clear that i dont think that there was any malpractice involved and that i do accept that the wage offer was accepted by an overall majority but i dont think it is very democratic to refuse to give me the numbers.

I have had a look at our union rule book and it only covers ballots for industrial action,if the ballot was for industrial action then by law he would have to disclose the numbers.

Can anyone advise me if my rep is right to refuse me this information

ceridwen

I wouldnt be very happy with him withholding numbers either.

Never mind the rulebook - what does the Law say on this? I suggest checking to see if there is a right in law to be told this information.

You could also go over the local reps head and ask the Union Regional Office to provide the information - and see if you got any joy there.

A basic principle of a (so-called in our case) democratic society is that everyone gets to see the exact numbers voting/what way they voted/etc in ANY ballot.

exeterstudent

Apologies, I got the wrong section when I first posted. It's TULRCA but I'm not allowed to post links yet

78 Scrutineer’s report

(1) The scrutineer’s report on the ballot shall state—
(a) the number of voting papers distributed for the purposes of the ballot,
(b) the number of voting papers returned to the scrutineer,
(c) the number of valid votes cast in the ballot for and against the resolution, and
(d) the number of spoiled or otherwise invalid voting papers returned.
(2) The report shall also state whether the scrutineer is satisfied—
(a) that there are no reasonable grounds for believing that there was any contravention of a requirement imposed by or under any enactment in relation to the ballot,
(b) that the arrangements made with respect to the production, storage, distribution, return or other handling of the voting papers used in the ballot, and the arrangements for the counting of the votes, included all such security arrangements as were reasonably practicable for the purpose of minimising the risk that any unfairness or malpractice might occur, and
(c) that he has been able to carry out his functions without such interference as would make it reasonable for any person to call his independence in relation to the union into question;
and if he is not satisfied as to any of those matters, the report shall give particulars of his reasons for not being satisfied as to that matter.
(3) The trade union shall not publish the result of the ballot until it has received the scrutineer’s report.
(4) The trade union shall within the period of three months after it receives the report—
(a) send a copy of the report to every member of the union to whom it is reasonably practicable to send such a copy; or
(b) take all such other steps for notifying the contents of the report to the members of the union (whether by publishing the report or otherwise) as it is the practice of the union to take when matters of general interest to all its members need to be brought to their attention.
(5) Any such copy or notification shall be accompanied by a statement that the union will, on request, supply any member of the union with a copy of the report, either free of charge or on payment of such reasonable fee as may be specified in the notification.
(6) The trade union shall so supply any member of the union who makes such a request and pays the fee (if any) notified to him.

Spikelad

Thanks for the replies,Judas he is simply refusing to give the numbers full stop,he could easily give the numbers but refuses to do so.

Exeter thanks for your reply,i did a search on the internet last night and i think what you have posted is the steps that must be taken when the ballot is a statutory ballot eg a ballot for industrial action.

The ballot that was held is a non statutory ballot and i dont think that the law is the same for these ballots.

Cerdiwin has stated exactly what my complaint is,i simply want to know the proper result of a ballot that has taken place and in a democratic country i think that is a reasonable request.

I will update you on how i get on with this and thanks for taking the time to reply.

getmore4less

Start the process to elect a new rep.

SarEl

Spikelad wrote: »

Thanks for the replies,Judas he is simply refusing to give the numbers full stop,he could easily give the numbers but refuses to do so.

Exeter thanks for your reply,i did a search on the internet last night and i think what you have posted is the steps that must be taken when the ballot is a statutory ballot eg a ballot for industrial action.

The ballot that was held is a non statutory ballot and i dont think that the law is the same for these ballots.

Cerdiwin has stated exactly what my complaint is,i simply want to know the proper result of a ballot that has taken place and in a democratic country i think that is a reasonable request.

I will update you on how i get on with this and thanks for taking the time to reply.

Absolutely correct. Which leads me to make two suggestions. One is that regardless of statute, the prevailing power in a union lies in its rule book and its members. So even if the rule book is silent on this matter, a branch (or whatever your relevant unit is) meeting can decide that this must be done. The second suggestion is that anyone to whom this matters so much that they spend their evenings googling union law should stand as a rep and replace this idiot!

DVardysShadow

getmore4less wrote: »

Start the process to elect a new rep.

Absolutely. Start off with a motion of No Confidence for refusing to provide results.

Was the count independently scrutinised?

Spikelad

Dvardy at the union meeting i did propose a vote of no confidence in the rep but unfortunately no one would second the proposal of no confidence so i have to accept defeat on that one.

The count was scutinised by a rep from another union,i will repeat that i dont have any problem with the result,i just want to know the how the votes were cast.

DVardysShadow

Spikelad wrote: »

Dvardy at the union meeting i did propose a vote of no confidence in the rep but unfortunately no one would second the proposal of no confidence so i have to accept defeat on that one.

The count was scutinised by a rep from another union,i will repeat that i dont have any problem with the result,i just want to know the how the votes were cast.

Unfortunately, you are the only one of your colleagues who does not deserve the representation you have.