Hayes Court

West Common Road

Hayes

Bromley BR2 7AU

29 July 2002

Dear Ken,

Questions were raised at the amicus MSF Section National Executive Council on 27 July 2002 about whether the AEEU Section is considering the grounds upon which the outcome of the election for the Joint General Secretary of the AEEU section may be challenged or overturned. As a result of these questions, we have received legal advice as outlined below.

Each section has operated under the General Rules, the main effect of which is to leave with each section matters which are essentially Sectional issues, and any matters which concern the union as a whole are to be addressed by the Joint Executive Council. General Rules 2(1) and 2(2) are relevant in the regard.

It is correct that the election of the Joint General Secretary of the AEEU Section be undertaken according to the rules of the AEEU Section. This would be under General Rule 3(5)(c). However, that provision only deals with the conduct of the election.

General Rule 3(1) confirms the government, management and control of amicus is vested in the Joint Executive Council, and General Rule 3(7) confirms that the Joint General Secretaries are under the control of the Joint Executive Council. Most importantly, General Rule 3(8) confirms that:

“All officers, officials and staff of the Union shall be under the ultimate control of the Joint Executive Council whose approval shall be required before changing their terms and conditions of employment or super annuation arrangements and before electing or appointing any additional or replacement officers, officials or staff.”

Therefore any action to be taken regarding the election of the Joint General Secretary of the AEEU Section is a matter for determination by the Joint Executive Council. General Rule 3(8) confirms the wide ranging authority of the Joint Executive Council, and when read in conjunction with General Rule 3(1), this is an issue which goes beyond the interests of one section only.

It is our view that any attempt to challenge or overturn the outcome of the election is likely to result in legal action which would be taken against amicus, and that being so, no such action can be taken without the approval of the Joint executive Council.

Roger Lyons

Joint General Secretary