| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 218/03 |
| Hearing date | 8 Apr 2003 - 9 Apr 2003 (2 days) |
| Determination date | 17 July 2003 |
| Member | J Scott |
| Representation | MA Talbot (In person) ; R McCabe |
| Location | Auckland |
| Parties | Binns & Ors v New Zealand Airline Pilot's Association Industrial Union of Workers |
| Other Parties | Dalziell, Eady, Fransham, Kivi, Lawson, McNicoll, Talbot, Watkins |
| Summary | DISPUTE - Whether respondent breached pre-bargaining rules - Whether breach of good faith - Interpretation of union rules - Agreement to be given such large and liberal interpretation that would best ensure attainment of its object - Whether necessary to obtain authority from members to bargain - Whether log of claims submitted to Board of Management prior to bargaining in accordance with union rules - Union rules dated 2 February 1999 and reflected provisions and operation of Employment Contracts Act 1991 - Rule regarding authority only applied for life of ECA - No requirement to obtain authority to bargain - Approval of Board of Management lawfully delegated by interim action - No breach of union rules - No breach of good faith |
| Result | Application dismissed ; Costs reserved |
| Statutes | ECA s12(1);ERA s18(1);ERA s18(3);ERA s42;ERA s157(1);ERA Part 4 |
| Cases Cited | NZ Air Line Pilots Association IUOW v Registrar of Unions [1989] 2 NZILR 194;Walker v Mount Victoria Residents Association Inc [1991] 2 NZLR 520;Wisniewski v Rubicon Ltd unreported, RA Monaghan, 22 November 2002, AA 341/02 |
| Number of Pages | 14 |
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