With reference to TULR(C)A (1992) and decided cases, distinguish between the rights and obligations of Trade Union members and those of Trade Union officials
...kills were required, which effected the members union duties. Neill LJ stated in his judgement that “purposes connoted an object which the employer seeks or desires to achieve”. ( Jefferson, 1995, p.253) However the employers were in breach of section 146(1) in the NCB & Ridgway and Fairbrother (1987) and Carlson and The Post Office (1981) cases. Under this section ‘appropriate time’ is limited to the time within or outside hours together with the employers consent, and the legal principle is emphasised in Marley Tile and Shaw (1980) and Robb and Leon Motor Services (1978) . Under section 137 a member has the general legal obligation of not being refused employment because of membership or non membership of a trade union. The legal principle is emphasised in Fitzpatrick and BR Board (1991) and in Harrison and Kent County Council (1995). In the latter it was held that a refusal to re-employ an applicant who previously was a shop steward was in breach of section 137. Mummery, J in his judgement made the distinction that the way to illustrates membership is by participation in trade union activities , which had been the nucleus of the dispute in the case. (Jefferson, 1995) TULR(C)A 1992 sections 139-140 provides remedies as the I.T. provides compensatory proceedings for the breach of section 137. With regards to TULR(C)A 1992, it also provides the right to a member to take time off for trade union activities. Under section 170(1) an employer will permit an employee to time off for the purposes of taking part in ; any activities of the union, any activities to union representative and all are subject to the ACAS code of practise provisions. A member also has a right to complain to a I.T. if the above obligations are denied. (Harrison, 1995) However in Luce and Bexley LBC (1990) it was held that lobbying of parliament in connection with proposed legislation which effected the teaching profession was not regarded as being a trade union activity. Time off was not permitted for the teacher, who was a member of the National Union of Teachers. Under section 64(1) a member has the right not to be ‘unjustifiably disciplined’ by a trade union and the whole dispute as to whether the employee was unjustifiably undisciplined is determined in section 65(1). In Porter and National Union of Journalists (1979) it was held that a subsequent disciplinary action against members refusing the strike call was invalid. (Harrison, 1995) Section 46 of TULR(C)A 1992 stipulates that every trade union must elect its own members, giving them equal entitlement to vote without any unreasonable exclusions. Trade Union Officials According to section 119 of TULR(C)A 1992 a trade union official is defined as being “ someone or an officer of a union or a branch in accordance with the rules to be a representative or some of them”. Under section 168 a trade union official has the legal obligation and right to have time off during his working hours to carry out his duties. This section provides that the duties could include, negotiations in relation to collective bargaining (sect - 178(2)) and performing the duties as proposed by the employer in relation to the trade union. Also an official has the right to undergo training activities for the industrial relations process. All matters dealt in the above sub section of TULR(C)A 1992 are subject to the ACAS codes of practise provisions, as well as for complaints by the employer not allowing time off as stated by this section. It is primarily subject to what the ACAS provisions declare as being reasonabl...