(c) crown copyright
Catalogue Reference:CAB/24/180
Image Reference:0001
(THIS DOOBMSNT I S TH.I P R O T M Y
i^Slfct^ITOTi
1
COPY
m.2£
ffRADIS TJHIOa.. LJG ISLATIOff.
Memgr- a ndum,, b y,, t h e , L o r d ^ C h a n c e l 1 o r .
r
1.
M
The p u r p o s e o f t h i s , memorandum i s t o s u g g e s t
the question
of l e g i s l a t i n g
a s to Trade Unions
to a Committee w i t h a view
he r e f e r r e d
of s B i l l a f t e r
e v e n t s some s u c h l e g i s l a t i o n
if
so
it
9
is desirable
appears
the l i n e s
1
i s intended
illegal.
subjeot
would
3.
proposal for
declaring
dispute
the public,
t o be
is very helpful;
but i t
declaration
and would h a v e a
is
by P a r l i a m e n t
considerable
effect,
I t i s urgent also,
pledge
that
suffer,
that
purpose.
in order
statutory provision
No d o u b t i t f o l l o w s
Astbury that
legally
be e x p e l l e d
we may f u l f i l
our
a t work s h a l l n o t
should
be made f o r
from t h e d e c i s i o n
that
o f Mr.
n o member o f a t r a d e u n i o n c a n
from
in the general s t r i k e ;
the union for refusing
but this
man who i s p r e v e n t e d b y s e c t i o n
from t a k i n g a n y l e g a l
rights.
that
t h o s e who h a v e c o n t i n u e d
Justice
1871,
a s e c t i o n on
on a r e a l t r a d e
and a d e f i n i t e
s a v e much l i t i g a t i o n
mor^l
delay.
of Mr. J u s t i c e A s t b u r y t h a t t h e
was i l l e g a l
to appeal,
recent
to he unavoidable; and,
to coerce or i n t i m i d a t e
The d e c i s i o n
general strike
I n v i e w of
of t h e B i l l
of t h e A t t o r n e y - G e n e r a l s
any s t r i k e whioh i s n o t founded
but
introduction
to take action without
I would p u t i n t h e f o r e f r o n t
2
should
to t h e
the Whitsuntide recess.
that
This d i s a b i l i t y
i s of l i t t l e
to join
use to a
4 of t h e Trade Union Act
proceedings for enforcing
c a n only be removed
his
by s t a t u t e , .
4.
It
has
been suggested
that
u n i o n who h a s b e e n e x p e l l e d
c o n t i n u i n g a t work
granted
of h i s
to l e a v e
"surrender
the length
formula
value",
friendly
he,,
suggested
(other
political
fund
the rules
of
directly
than
contributions,
if
any,
precedent
the
of
has been paid l e s s
9 (2)
on a c c o u n t
deficiency.
of
their
has passed,
members t o b e
taken,
a strike
is
whether
otherwise,
their
is
has
useless
unions,
as
t o meet
this
to follow
the
satisfied
that
a worker
to sue
in
power m i g h t be
t o s u e a t r a d e u n i o n on
or p e n a l i s e d
during
pressing
have a r u l e
or
it
In o r d e r
A similar
questions above
in
which r e c u i r e s
e i t h e r by b a l l o t
declared;
but t h i s
union
referred
the
Most
a vote
or a t
given
strike.
now t h a t
the B i l l .
his
behalf
by t h e
the general
changes which,
might be i n c l u d e d
trade unions
if
expelled
some o t h e r
the
o f t h e T r a d e B o a r d s Act 1 9 1 8 ,
action
A p a r t from t h e
there are
say t h a t
t h a n a minimum w a g e ,
of m e m b e r s i m p r o p e r l y
to
d u r i n g which he
i t m i g h t be p o s s i b l e
t o some p u b l i c a u t h o r i t y
contri­
1985,
from b e n e f i t s
t o go t o l a w .
section
the
the year
of a c t i o n a g a i n s t
that
the
union."
enables a Trade Board,
before
of
p a y a b l e b y him u n d e r
by t h e number of y e a r s
they cannot afford
to,
on
following
of
the
the union during
them a r f e b t
I suggest
the funds
of
Some m e m b e r s of t r a d e u n i o n s
name f o r
The
t o one h a l f
of t h e u n i o n )
b e e n a member of
which
of a sum b a s e d
the u n i o n .
o u t of
or b y d e d u c t i o n
multiplied
point
payment
Societies:­
butions
6,
payment
be
t o me by t h e R e g i s t r a r
u n i o n a sum e q u i v a l e n t
to give
for
s t r i k e might
t h e u n i o n and c l a i m
"He s h a l l b e p a i d
5.
general
of h i s m e m b e r s h i p of
has bean
trade
or otherwise penalised
during the
the right
a member o f a
a
crisis
registered
of
the
meeting,
r u l e was
broken
by s e v e r a l u n i o n s
during
h a v e no s u c h r u l e ,
a strike.
sing
the recent
but leave
The T r a n s p o r t
"the
over-riding
it
strike.
to the
workers
Other
Executive
unions
to
declare
Union has a r u l e
1
a u t h o r i t y " (which i s n o t
author!­
defined
in t h e r u l e , , but i s presumably t h e Trade Union
Congress)
t o c a l l . a. s t r i k e a n d m a k e a l e v y u p o n t h e m e m b e r s o f
union for
It
the purpose;
seems d e s i r a b l e
the authority
transport,
essential
if
0
of
There i s
public
unions
shall
but
The p r o v i s i o n
the ground t h a t
sections
1 and
that they
question
there
"the
3 of
that
in
arbitration.
this
question.
dealing
with
t h e i*epeal
of
s e c t i o n 4 of
that
a trade
respect
union
of
any
by any c o u r t ,
by the
a wrongful
should
railway
dispute
act
remedy f o r
t h o Act t h a t
the
in
against
this
an a c t
the
wrong.
done
is not actionable
on
induces a person to break a c o n t r a c t
also be considered.
2 should
do n o t
be r e p e a l e d ,
is rather urgent,
on t h e - 2 0 t h
but
I doubt
it
apply to an i l l e g a l
A c t of 1 9 0 6 may come on f o r
of L o r d s
the
trade unions admit that
i s no l e g a l
of a t r a d e
should
in
signed
t h e y committed
it
that
not be e n t e r t a i n e d
in section
in furtherance
for
thereof
In t h e document
calling a strike
employment,
demand
I think
officials
of
levy.
t h a t an a c t i o n a g a i n s t
on F r i d a y l a s t
companies";
the
light,
by
might consider
the p o l i t i c a l
or any members or
clear
- food,
shall be preceded
a considerable
be r e p e a l e d .
of
at the request
services
appointed,
which p r o v i d e s
tortious.eot
without
of t h e m e m b e r s
the Cabinet providing
T r a d e D i s p u t e s Act 1 9 0 6 ,
Act,
invalid.
called
The o p p o r t u n i t y m i g h t a l s o b e t a k e n f o r
t h e q u e s t i o n of
9
a strike
prepared
etc - a strike
The C o m m i t t e e ,
fl
that
i s probably
illegal,
Order Committee
t h e c a s e , of
8
to e n a c t
A B i l l was r e c e n t l y
Public
this rule
of a s e c r e t b a l l o t
union, s h a l l be
7.
but
the
as a B i l l
instant.
whether
should
strike.
for repealing
second r e a d i n g
in
of
the
b e made
This
the
House
10.
I would a l s o l i k e
whether r e g i s t r a t i o n
made c o m p u l s o r y .
therefore
and
file
i n many of
this
these cases
spent
should not
are unregistered,
t h e w h o l e of
the
on " p r o t e c t i o n " ,
of o f f i c i a l s ,
proposal,
t h e m e m b e r s of
t r a d e union
consider
no r u l e s a n d make no f i n a n c i a l
for p r o v i d i n g f u n e r a l
whether
of a
Many u n i o n s
subscriptions are
and t h e p a y m e n t
the Committee to
and
and
1926,
members
t h e r e a r e no
I
funds
doubt
w h i c h would be a p r o t e c t i o n
trade unions,
1
strikes
0
would b e s t r o n g l y
0
1 7 t h May,
and
returns;
i,e ,
other benefits.
be
to
opposed.