The NASUWT teaching union has re-opened nominations to be its general secretary following a legal challenge over the appointment of former Fire Brigades Union leader Matt Wrack.
The union announced last week that Wrack had been elected to succeed Dr Patrick Roach, signalling that no-one had obtained the 25 branch nominations needed to challenge Wrack as its executive’s nominee.
But as revealed by the Guardian, it has now said Wrack will serve as acting leader while nominations are re-opened following a legal challenge by Neil Butler and Luke Lockyer.
Butler had been blocked from standing because he was not a member of the union, despite the fact Wrack himself is not a member as has never been a teacher.
The NASUWT said its executive had “received further legal advice” and “consider that as a union it is important that there be stability and that the general secretary be appointed free from any suggestion that they have been elected otherwise than in accordance with due process”.
Nominations re-open
According to the Guardian, the union had been warned it was likely to lose in court.
Wrack’s nomination by the traditionally very moderate teaching union was unexpected and controversial.
The veteran left-winger is a close ally of National Education Union general secretary Daniel Kebede, and his selection had raised speculation of a future merger, something members roundly rejected earlier this month.
The national executive has now re-opened nominations, to close on May 26. Local associations will be allowed to submit nominations on behalf of “members or non-members”.
If any other candidate gets the required 25 nominations, a ballot of members will begin on June 19 and close on July 23.
Branches that have already made nominations will be free to “maintain that nomination or at a duly convened meeting make an alternative nomination”.
“The national executive recognise that the local associations and individuals who have raised concerns about the process have done so in good faith and the union now have responded to those concerns by extending the period for nomination as outlined above.”
‘No such rule’ against non-members standing
Butler, the union’s national officer for Wales, and Lockyer, a music teacher, are represented by law firm Mishcon de Reya. The High Court was due to hear their challenge today, but NASUWT’s executive agreed to change tack on Friday night.
Robert Lewis, a partner at the firm, said his clients had made an “urgent application for injunctive relief to force the NASUWT to reopen nominations after the union had declared Matt Wrack as its general secretary unopposed.
“Prior to nominations closing, the NASUWT’s national executive committee had ruled that Mr Butler could not be nominated by local associations because he was a non-member despite there being no such restriction in the union’s rule book.”
He said “at least 12 local associations” had complained to NASUWT’s president about the original ruling “and these complaints went unanswered before nominations closed.
“Following the issuing of legal proceedings, the NASUWT’s national executive committee received legal advice and voted on the evening of Friday April 24 to rescind its earlier ruling and enable both members and non-members to seek nomination, thereby ensuring a democratic and transparent election process.”
NASUWT has “also offered to pay our clients’ reasonable legal costs in issuing the proceedings”.
‘So much time and money wasted’
Butler said he was “pleased that our union has finally listened to the concerns raised by myself and many members and has re-opened the general secretary nominations to all eligible candidates.
“Above all, the rights of NASUWT members to choose their leader freely and democratically must be upheld.”
He added it was a “shame that this matter was not resolved before legal proceedings were issued.
“So much time, and valuable union funds, have been wasted because of a failure to follow what was clearly stated in the union’s rules. This is a significant moment for our union, and I look forward to fully participating in a transparent process that ensures every member’s voice is heard.”
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