From the Office of the American Trade Commissioner, Batavia BRITISH TRADE DISPUTE ANL TRADE UNIONS ACT By Harry J. Daniels, Division of Commercial Laws Freedom of association for workers was recognized in Great Britain by legislative action taken in 1871. However, the right to organize was not established by positive pronouncement; rather the objective was attained by a negative statement namely, that labor was not liable for joint action in restraint of trade. In 1875 the criminal law was amended, freeing labor from liability for trade-union activities, permitting peaceful picketing and providing that cases of intimidation or violence should be left to the courts. In 1906 exemption from charges of civil conspiracy was granted. However, legislation during the war limited the rights of workers and as a war measure both strikes and lock-outs were declared illegal. Following the close of hostilities the right to strike again became accepted and the British Government made no attempt to limit trade union or strike activities unless there was danger to life or property. In recent years this attitude has been modified, particularly in connection with disputes that inconvenience or are detrimental to the welfare and comfort of the community at large. The Trade Disputes and Trade Unions Act, 1927, which has been the subject of considerable discussion in this country was passed to prevent a recurrence of the waste and damage caused by the general strike of 1926. The Act which was sponsored by Stanley Baldwin made general strikes illegal and a striker is criminally liable if his strike threatens a community with serious injury or inconvenience. By reason of this law the British Trade Unions must accept obligations imposed by law if they are to benefit therefrom. Trade Unions are liable for strike damages in some instances and their political activities are restricted in that all unions registered or unregistered are required to submit reports of their political funds to the Registrar of Friendly Societies. This legislation does not mean the outlawing of all strikes of a purely industrial nature but is designed to eliminate the sympathetic or secondary strike of other than industrial scope. The principle of the uninterrupted maintenance of services held to be essential to the welfare of the community is applied in determining whether or not a strike is illegal. The text of the present law is as follows: I. 1. It is hereby declared- (a) 1. that any strike is illegal if it- has any object other than or in addition to the furtherance of a trade dispute within the trade or industry in which the strikers are engaged; and ii. is a strike designed or calculated to coerce the Government either directly or by inflicting hardship upon the community; and (b) that any lock-out is illegal if it- 1. has any object other than or in addition to the furtherance of a trade dispute within the trade or industry in which the employers locking-out are engaged; and ii. is a lock-out designed or calculated to coerce the Government either directly or by inflicting hardship upon the community; and it is further declared that it is illegal to commence, or continue, or to apply any sums in furtherance or support of, any such illegal strike or lock-out. For the purposes of the foregoing provisions- (a) a trade dispute shall not be deemed to be within a trade or industry unless it is a dispute between employers and workmen, or between workmen and workmen, in that trade or industry, which is connected with the employment or nonemployment or the terms of the employment, or with the conditions of labour, of persons in that trade or industry; and (b) without prejudice to the generality of the expression "trade or industry" workmen shall be deemed to be within the same trade or industry if their wages or conditions of employment are determined in accordance with the conclusions of the same joint industrial council, conciliation board or other similar body, or in accordance with agreements made with the same employer or group of employers. PENALTIES 2. If any person declares, instigates, incites others to take part in or otherwise acts in furtherance of a strike or lockout, declared by this Act to be illegal, he shall be liable on summary conviction to a fine not exceeding ten pounds or to imprisonment for a term not exceeding three months, or on conviction on indictment to imprisonment for a term not exceeding two years: Provided that no person shall be deemed to have committed an offence under this section or at common law by reason only of his having ceased work or refused to continue to work or to accept employment. 3. Where any person is charged before any court with an offence under this section, no further proceedings in respect thereof shall be taken against him without the consent of the AttorneyGeneral except such as the court may think necessary by remand (whether in custody or on bail) or otherwise to secure the safe custody of the person charged, but this subsection shall not apply to Scotland, or to any prosecution instituted by or on behalf of the Director of Public Prosecutions. 4. The provisions of the Trade Disputes Act, 1906, shall not, nor shall the second proviso to subsection (1) of section two of the Emergency Powers Act, 1920, apply to any act done in contemplation or furtherance of a strike or lock-out which is by this Act declared to be illegal, and any such act shall not be deemed for the purposes of any enactment to be done in contemplation or furtherance of a trade dispute: Provided that no person shall be deemed to have committed an offence under any regulations made under the Emergency Powers Act, 1920, by reason only of his having ceased work or having refused to continue to work or to accept employment. |