AB v CD

AB v CD

Court	Court of Appeal
Citation(s)	[2001] IRLR 808
Court membership
Judge(s) sitting	Sir Andrew Morritt VC
Keywords
Trade union, governance

AB v CD [2001] IRLR 808 is a UK labour law case, concerning the governance of trade unions in the United Kingdom.

Facts

The president of the National Union of Rail, Maritime and Transport Workers wanted a declaration that the election for the Council of Executives breached union rules. A single transferable vote would be used according to rule 13 but there was no provision for a tie scenario. Mr Tilley and Mr Grundy tied at the second round, and Mr Tilley was appointed because he had more first round votes, as the Electoral Reform Society rules would suggest. Lots of people disagreed, and Mr Grundy argued that the Electoral Reform Society rules should not be implied.

Judgment

Sir Andrew Morritt VC held that it was appropriate to imply the Electoral Reform Society rules and recommendations, as necessary to give efficacy to the contract.

Sources on trade unions
European Convention on Human Rights art 11
ILO Freedom of Association Convention (1948) C87
ASLEF v United Kingdom [2007] ECHR 184
Lee v Showmen’s Guild of Great Britain [1952] 2 QB 359
Edwards v Halliwell [1950] 2 All ER 1064
Hodgson v NALGOA [1972] 1 WLR 130
TULRCA 1992 ss 46-61
Ecclestone v National Union of Journalists [1999] IRLR 166
Breen v Amalgamated Engineering Union [1971] 2 QB 175
AB v CD [2001] IRLR 808
TULRCA 1992 ss 71-96
Paul v NALGO [1987] IRLR 413
Roebuck v NUM (Yorkshire Area) No 2 [1978] ICR 676
Esterman v NALGO [1974] ICR 625
Cheall v APEX [1983] 2 AC 180
TULRCA 1992 ss 62-65
see UK labour and trade unions

UK labour law

Notes

References

External links

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