chapter  6
8 Pages

UNION ELECTIONS

COMMON LAW CONTROL

Until the advent of extensive statutory intervention (with the passage of legislation from the Employment Act 1980 to the Trade Union Reform and Employment Rights Act 1993), there was no statutory requirement to hold elections for union positions.1 Yet, as a matter of general law, if specific provisions on elections and election procedure existed in the union rules then a member could force the union to abide by these provisions by the contractual enforcement of the terms of the rule book. Judicial control in this manner was dependent on unions having extensive rules on election matters and on the willingness of the courts to intervene where there were internal disputes on the interpretation and application of the rules.