| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 370/08 |
| Hearing date | 3 Oct 2008 - 21 Oct 2008 (2 days) |
| Determination date | 29 October 2008 |
| Member | A Dumbleton |
| Representation | P Carrucan ; S Mitchell |
| Location | Auckland |
| Parties | Webb v The New Zealand Tramways and Public Passenger Transport Employees' Union Inc. and Anor |
| Other Parties | Holley |
| Summary | DISPUTE - Dispute as to eligibility of two members (“F” and “C”) of first respondent to belong to first respondent - Applicant claimed F and C did not come within occupational coverage of first respondent’s membership rules and therefore ineligible to belong to it - F and C had ceased to be bus drivers many years previously - Applicant claimed most recent Auckland branch elections invalid, insofar as F and C permitted to stand for and then be elected to positions - Applicant sought declaration F and C excluded from membership of first respondent and not legitimately members at time of Auckland branch elections - Applicant sought declaration election not in compliance with first respondent’s rules, F and C’s positions should be vacated, and new elections held - Applicant claimed only classes of persons prescribed by Rule 6 of first respondent’s rules could legitimately become members of first respondent - No dispute that on any interpretation of Rule 6 F and C did not fit within it - First respondent claimed membership rules had to be read in context of legislative provisions applicable when rule last renewed, which was 1990 - Authority found membership rules could not be read as having become redundant when Labour Relations Act 1987 repealed by Employment Contracts Act 1991 - Found membership rules affirmed when first respondent registered as union under Employment Relations At 2000 - Found membership rules could not be read as conferring upon first respondent absolute discretion as to who could or could not be admitted to membership - Authority found at time of election F had no entitlement to membership of first respondent under Rule 6 or 8 - Found following F’s election to first respondent’s National Council became member of first respondent under Rule 21 - Found Rule 21 did not expressly disqualify F from continuing to be member after ceased holding position - Found although Rule 21 not clear about F’s continuing entitlement to membership not enough doubt for Authority to intervene and declare F ineligible to be nominated - Found F enrolled and financial member of first respondent when nominated and elected to position - Found F should not be directed to vacate office of Branch President, and first respondent should not be directed to conduct new election for position - Authority found at time of election C had no entitlement to membership of first respondent under Rule 6 or 8 - Found as C never member of National Council Rule 21 could not apply - Authority found although first respondent departed from rules by permitting C to become or remain member after ceased employment as bus driver, in circumstances considered applicant should pursue complaint as “grievance” within first respondent’s rules - Authority declined to make orders sought - PENALTY - Applicant sought penalty for breach of good faith in regard to undertaking F allegedly gave Authority during earlier investigation meeting - Authority found no breach of undertaking - No breach of good faith - Application dismissed |
| Result | Questions answered ; No orders made ; Application dismissed (penalty) ; Costs reserved |
| Main Category | Dispute |
| Statutes | Employment Contracts Act 1991 s185;ERA s4(2);ERA s5;ERA s13;ERA s161;ERA s161(1)(j);ERA s161(1)(k);Incorporated Societies Act 1908 s6;Labour Relations Act 1987 |
| Cases Cited | Webb and Anor v New Zealand Tramways and Public Passenger Transport Employees' Union Inc unreported, A Dumbleton, 27 Jun 2008, AA 221/08 |
| Number of Pages | 14 |
| PDF File Link: | aa 370_08.pdf [pdf 45 KB] |