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406(26 )o
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N £
LEGISLATION
T.
COMMITTEE*
THIRD R E P O R T .
1.
At
(Cabinet
the
in
their
50
(26)
Committee
the
light
Committee s
understood
of
and
The
11),
revise
draft
the
proposals
the
that
later
the
in
the
(a)
not
requested
Union
In
Bill
the
(26)),
it
being
committed
subject
would
to
the
be
year.
contained
provided
1926,
Cabinet
Trade
305
were
whole
the
contained
(CP.
Cabinet
proposals
Second Report
3rd August,
Conclusion
the
that
reconsidered
2o
to
on t h e
Second Report
!
proposals
Meeting
in
the
Committee^
for
t h e s u b s t i t u t i o n of an o p t i o n a l
ballot
for the compulsory b a l l o t system suggested
i n t h e C o m m i t t e e s F i r s t R e p o r t (C
237 ( 2 6 ) ) ;
1
3
the strengthening in
of t h e law r e g a r d i n g
(o)
t h e r e g i s t r a t i o n of a l l
of a l t e r a t i o n s of T r a d e
During
0
-'certain
I
(b)
.
1
'"
the
proposals
"law. submitted
to
Autumn R e c e s s
for
the
Trade
Prime
Minister
by
the
National
Confederation
and a l s o
proposals
important
bodies
Committee
of
1.
National
of
laid
Union
Unions,
rules,
amendment
and A l l i e d
National
the
Trade
Union
the
1.
by t h e
Employers
certain directions
picketing;
and
of
agreed
Federation,
Employers'
before
the
pressing
examined
Union
Engineering
and
the
Organisations,
Minister
Manufacturers.
in
and
for
of
These
drastic
Labour
three
amendment
Act,
of
1906,
Trade
and
in
of
Unions
and
political
of
levy
of
a
any
any
4.
further
fDISPUTES
many
might
to
the
of
National
of
secret
Federation
view
of
for
The
provision
and
have
also
the
while
think
difficulties
from
the
definitely
considered
of
contained
circulated
supplied
by
and
of
for
the
to
the
the
in
National
opposed
the
Exchequer
Memoranda
the
and
(C * P * 3 6 5
Cabinet,
and
Home S e c r e t a r y
suggestions
Act
the
or
1906,
-whether,
its
strong
repeal
practicable
of
in"
out".
the
on t h e
with
subject
picketing.
mitigating
members
"contracting
compulsory, r e f r a i n
Chancellor
(26))
Disputes
be
provident
the
reconmendation,
Labour
In view
considered
registration
regards
in
unanimously
the
as
the
but
ballot
information
quarters
Trade
are
been
peaceful
5,
IJ-HE TRADE
favour
of
of
of
"contracting
desirable,
of
394
have
of
the
4)
of
protection
The E n g i n e e r i n g
The C o m m i t t e e
and C P .
of
of
contracts
for
adequate
immunity
(section
strengthening
separation
system
the
proposal.
Minister
they
the
definite
suggestions
the
break
substitution
secret
such
acts
the
Manufacturers
making
tortious
picketing;
the
Disputes
to
to
the
Trade
relating
the
of
provision
the
and
system
Confederation
to
of
machinery.
making
for
for
for
existing
such
3);
funds
of
inducement
Unions;
former;
ballot
of
of
those
respect
subject
other
Union
in
(section
Trade
the
provisions
particularly
on t h e
from
the
respect
service
law
of
and
drastic
the
if
so
t o amend
more
and. g r o w i n g
modification
Committee
to
what
that
Act
objectionable
Committee
favour
2o
the
demand
from
of
have
again
extent,
it
with
a
features.
repeal
of
the
view
Some
Section
3
(26)
i n so f a r
as i t
consequences
their
gives
Section 4 to
for
of
the
the
service,
extent
tortious
other duly authorised
protection
for
and other
modification
advantages
of t h e
their
acts
of
draft
their
but
objections
6.
Bill
so
secret
s u b j e c t , of
to
set
It
of t h e F e d e r a t i o n a r e
introduced in
are
is
a strike;
the
the p r i n c i p l e .
torte,
strictly
- 5 ­
that
'
on
Employers'
privileges,
minority
such a
to the safeguards
of
a
opposed to a
that a
and p i c k e t i n g " ,
even to t h i s
of
for
indicated
prepared to accept
addition
contracts
are h o s t i l e
since
considered views
As
true
Report
the proposal for
strongly
by t h e F e d e r a t i o n i n r e s p e c t
of
c a n be
their reasons
e x i s t i n g Trade Union
to be r e t a i n e d .
in
Second
out
reject
the Cabinet,
if
any
In 'these
such a c l a u s e
of t h e i r
ballot before
above t h e C o n f e d e r a t i o n
breach
substantial
the National Confederation
compulsory b a l l o t
the
S e c t i o n 3 a n d 4 of
O r g a n i s a t i o n s have been r e c e i v e d .
"if
that
of
decide.
third paragraph
R e p o r t was b e f o r e
are
adequate
such action..
a n amendment of
recommending t h e C a b i n e t
this
to
A majority
to any
(26)),. the Committee
compulsory
subject
and
Trade D i s p u t e s Act outweigh
the Cabinet
305
of
t h e Committee have not I n c l u d e d
In the
(CP.
break
Unions
r e m a i n of o p i n i o n
the Trade D i s p u t e s Act 1906, b u t
aclfied I f
to
officials
funds..
t o be d e r i v e d from
circumstances
others
of r e n d e r i n g , t h e
agents,
however,
legal
and t h e r e p e a l
the provident
the Committee,
political
from
t o t h o s e who p e r s u a d e
contracts
liable
protection
but
ballot
proposed
inducing
the
majority
limited acceptance
of
The C o m m i t t e e
that
to
provision
be
taken
desires;
the
proposal
Committee
tend
to
of
little,
if
any,
desired
object
as
effectively
of
all
majority,
the
Trade
include
specific
draft
of
suggestion
consideration
to
Trade
which
Unions
is
important
and
appended
proposals
in
as
the
of
clause
approved
as
will
in
the
question
is
or
be
determined
Trade
the
not
is
not
Unions
of
whether
a
genuine
by
the
Bill
to
the
is
of
a
illegal
Trade
the
on
same
the
terms
been
Clause
sympathetic
a
direct
strike,
1
(2)
strikes
Union
but
strike
necessary,
Clause
in
law
sympathetic
if
copy
more
The
original
existing
a
already
union having
will,
in
the
the
genuine
to
and
the
has
a
ballot.
explained
in
which
particular
Courts,
g i v e n by
are
and
trade
one
not
The
the Cabinet.
participating
protection
Report.
the
by
voluntary
declaratory
of
for
should
Bill,
apply
a
Bill
Disputes
this
Rules
from
held
Trade
by
result
a
quite,
include
of
the
a
the
Cabinet
the
for
aubject
principle
not
given prolonged
strikes,
on t h i s
by members
interest
the
in
drafted
strike
general
if
contents
following paragraphs.
80
C l a u s e 1 (1) i s
subject
that
have
the
the
to
would
The C o m m i t t e e ,
provisions
have
the
would
freedom
the
so
for
of
future
ballot
recommend
The C o m m i t t e e
almost,
and
every
Uniono
accordingly
the
at
that
should
secrecy
support
enacted,
in
ballot
union
provisions
and
that
Unions
securing
with
careful
value,
a
trade
some
if
attained
Trade
a
proposal ? £ g
for
a majority
the
and,
the
Bill
if
been
that
by r e q u i r i n g
proceed
7.
be
voting
the
grounds,
practical
in
in
has
bill,
could
for
interference
PROPOSED
ffiPT BILLo
the
considered
control
there
opinion
registered
of
be made
on g e n e r a l
overload
purposes
further
official
while
are
provisions
tiiCrAL
IKES.
should
under
but
have
have
to
deprives
of
legislation.
EOTION 0?
ONS REFUSTO TAKE
IN
9.
Clause
f o r m of
2 of t h e
Bill
is
trie o p e n i n g p r o v i s i o n s
substantially
of Clause
in
4 of
the
the
Bill
1
XJAL
STRIKES, p r e v i o u s l y
before
The r e m a i n i n g
a proposal
the Cabinet
provisions
that,
(C.P.
of t h a t
as an a l t e r n a t i v e
to
person should have the
to the Chief
Registrar
consideration
conclusion that
enactment
to
of
justify
provisions
10c.
the
tiiis
of F r i e n d l y
alternative
overloading
which i t s
gave e f f e c t
legal
right
the
to
best dealt
that
incorporation
the abuses
the police
is
desirable
of
the police
to disperse
works and p r e m i s e s ,
such numbers as
t h e m i n d of
to
In the
existing
persons
Courts
that
where a s t r i k e
first
violence
far
common l a w
of
is
points.
outside
apprehension
in
work t h e r e
threats
of. l o s s
abuses
t o meet
purpose.
declare
the f i r s t
if
the
than
so
by
done, w i l l
of p i c k e t i n g
same t i m e w i l l
of a n y o n e t o c a n v a s a t
to
the
s h o u l d be e n l a r g e d
or p r o p e r t y ; - t h i s ,
the
it
g i v e n by
o r d.-image o t h e r
t h e more s e r i o u s
o r who
Secondly,
t h e narrow i n t e r p r e t a t i o n
designed
incidentially
right
cause a reasonable
the worker for any l e g a l
the B i l l
it
in
a w o r k e r ' s home, w h i l e a t
with the r i g h t
place
in progress,
to persons
to prevent
powers
is
t o t h e word " i n t i m i d a t i o n "
as t o i n c l u d e
be
assembled
a n y p e r s o n who may b e a t
essential
Secretary
can
may b e w i l l i n g a a d r e a d y t o go t o w o r k .
is
as
elaborate
the executive
i n two r e s p e c t s .
to emphasise the
the
involves.
of p i c k e t i n g
w i t h by s t r e n g t h e n i n g
of
the
remedy a r e not such
The C o m m i t t e e a g r e e w i t h t h e Home
in thinking
After
come t o
with the
to
complain
t o be d e r i v e d from
Bill
III).
proceedings,
Societies.
the Committee have
advantages
Appendix
(26)
clause
an aggrieved
careful
237
not
the
Clause
3 (1)
of the above
law
at
interfere
or v i s i t
present
go
and
named
house
of
Clause
3
meaning
(2)
to
interprets
cause
apprehension
family,
or
of
property.
other
the
of
to
Under
for
one
man's
violence
or
damage
to
an;/
or
purpose
of
of
boycott,
the
requiring
as
result
the
of
than
assist
An o b l i g a t i o n
the
popular
person
the
of
pickets
ness
on t h e
occasions,
it
the
be
have
given
including
employed
such
wear
and
of
to
in
Issue
the
of
they
Bill
would
a
provision
to
might
in
hamper
of
the^r
and
is
a
from
must
those
the
and
seem t h a t
inevitably
of
badging
aggressive­
on
Home O f f i c e
specifically
would
duties.
privileged
increased
the
rather
strengthen
that
so badged,
a
to
different
shows
act
and. a s
come
revive
1921,
circulars
a
badge,
a picket
pickets
pickets
or
genuine
Union
execution
resulted
it
work
a
consideration
have
Experience
Moreover,
badging
in
that
1919 and
to
or
with.
immunities
the
a house
the
further
the
illegal
against
by a Trade
badges
invariably
namely
for. or
a provision
in
or
be
him
for
distinguishing
police
part
practice.
a visit
interfered
that
to
inducing,
a worker
citizen.
necessary
obligatory
but
accordingly
contempt.
beset
consideration
has
or
or
rights
ordinary
of
any
watch
misconception
with
kind,
of
to
of
the
an
persons
wear, a
conclusion
includes
future
persons
such
injury"
loss
of
injury­
and
in
purpose
his
injury,
would
not
to
includes
it
canvassing
pickets
person
(4)
the
question
cc
of
ridicule,
3
The C o m m i t t e e
to
or m a t e r i a l
working;
would
"injury"
"apprehension
home f o r
strike
expression
as
reasonable
of
more
from
person a
a n y member
hatred,
abstain
a
to
Clause
or
of
intimidate"
him or
physical
apprehension
mind
"to
to
expression
exposure
the
expression
injury
The
than
in
trie
two
found
condemning
the
be
a c c o m p a n i e d "by a s t a t u t o r y
of p i c k e t s
practical
limitation
allowed i n any p a r t i c u l a r
d i f f i c u l t i e s of
he a d e q u a t e w i t h o u t
fixing
t o t h e most d i v e r s e
conditions
seem t o t h e 0 o m m i t t e e
11.
Clause
4 of t h e
Bill
t h e w i d e s p r e a d demand t h a t
s h o u l d be r e g i s t e r e d
combinations
for
It
shall
the purposes
provisions
the F i r s t
that
Trade
is
1
Clause
to the
of
include
It
have
the annual
w i l l be
Schedule are
Schedule
which i t
to provide
fund
audit
securing
to i n d e p e n d e n t
Is
much
to
the
substituted.
are
of a
-
Trade
the
of a c c o u n t s
of
secrecy
funds
by a
and
in voting at ballots,
arbitrators
Unions and t h e i r
w i l l be i n v a l i d
in
noted
from o t h e r
of
and
the
disputes
members.
Under C 1 a u s e 5 ( 2 ) hew r u l e s
of o l d r u l e s
specified
f o r which the Rules
f r e e d o m of i n t e r f e r e n c e
between Trade
Unions must
in the F i r s t
of. 1 8 7 1 f o r
the
that
Bill.
this
trade
5 prescribed
of t h e m a t t e r s
s e p a r a t i o n of t h e p r o v i d e n t
reference
Unions
to
in future
auditor;
unregistered­
Price Fixing Associations
Among o t h e r m a t t e r s
public
that
Unions
of
than those
of t h e u n i o n ;
Trade
meet
in restraint
in respect
Schedule
Union w i l l
and
insuperable.
designed to
in future
registered. Trade
Union Act
t o be
will
be
n o t b e deemed, t o b e T r a d e
the requirements
stricter
and w i l l
by p r e s c r i b i n g
remain u n r e g i s t e r e d .
of
the
of t h e T r a d e D i s p u t e s A c t 1 9 0 6 .
as E m p l o y e r s
the Rules
and
circumstances
w i l l be open t o c o m b i n a t i o n s
such
place,
number
a number which
being excessive
appropriate
on t h e
until
and
aIterations
oicoerly
registered.
THE P O L I T I C A L
LEVY.
12.
with
Clause
the
question
Bill
the
political
Contracting
out'
Trade
of
that
Act
the
of
the
of
1913
of
amendment
in
this
the
Committee
should
the
of
best
13.
is
that
Clause
levy
and
Contracting
Certain
e
of
opinion
provisions
of
the
left
unaltered,
but
a
favour
If
giving
set
for
1913
the
Committee
of
concerned
out'
law.
the
method
be
is
remain
Committee
the
view,
decision
REPARATION OP THE
the
in'
Union Act
Contracting
majority
OF
of
the
substitutes
members
IsSETjE
6 of
out
the
Cabinet
submit
effect
in
7 provides
to
the
concur­
that
the
Clause
for
proposed
6.
separation
[PROVIDENT FUND.
the
provident
funds
from
Union and p r o h i b i t s
other
the
their
than provident
other
funds
application
benefits.
of
for
Some
the
purposes
members
of t h e C o m m i t t e e f e a r t h a t t h i s c l a u s e w i l l
excite considerable opposition and will
have l i t t l e p r a c t i c a l
effecto
RIGHTS OF
JXPELLED TRADE
plONISTS.
of
THE
14c
that
his
a
Trade
Union
legal
the
A majority
Unionist
the
to
take
be
entitled
value
of
his
contributions *
Effect
clause
8 of
is
the
consider
expelled
should
surrender
by
Committee
who i s
for- r e f u s i n g
strike
proposal
of
part
to
provident
given
Bill.
to
from
in
a
recover
fund
this
pGULATIONS AS
ORGANISATIONS
VHI JH J I V I L
BRVANTS fciiiY BE
KMBBKS.
15.
Clause
9 of
trie
Bill
is
i n much
the
; J
same
to
form
as
the
the
draft
Bill
Report
(CP.
237
the
clause
i.eo
is
not
only
that
appear
subject
in
that
the
render
It
to
EMPLOYED
K LOCAL
[fHORLTTES:.
of
16.
I f s O N S
1
local
Service
that
Service
to
a
to
it
is
special
somewhat
to
be
Clause
authority'
form
the
legislationo
highly
desirable
should,
(in
set
if
possible,
which
out
it
the
detail),
but
considerations
passage
that
present
in Council,
Clause
should
into
law
they
may
of
two,
s
session.
added
the
the
should
Bill,
Parliamentary
next
but
greater
the
to
provisions
provisions
be d e s i r a b l e
in
should
retain
represented
separate
Bills
Order
n
special
agree
however,
Established'
of
that
alternative
to
servants
Civil
impracticable
distinct
now d r a f t e d ,
Bill
probably
recognise
As
First
f
present
Civil
requirements
have
attached
the Committee s
the
transferred
would
civil
clause
to
applicable
the
matter
The C o m m i t t e e
way
(26)).
Treasury
Committee
Service
annexed
^pensionable'
The
be
Civil
l
9 in
10 i s
the
in
clause
Cabineto
9o
if
Bill
the
the
is
only
to
Treasury
proceed
would
prefer­
Billo
the
same
terns
previously
by
as
the
before
the
SUMMARY
IV-The C o m m i t t e e s u b m i t t h e
OP
RECOMMENDATIONS. r e c o m m e n d a t i o n s t o t h e C a b i n e t ­
(l)
following
That d e c i s i o n s s h o u l d be g i v e n w i t h
r e g a r d to the f o l l o w i n g m a t t e r s upon
which the Committee a r e not i n
comh1e t e a g r e e m e n t : ­
( a ) Amendment o f t h e Trade D i s p u t e s
A c t (paragraph. 5 of t h i s R e p o r t ) )
( b ) The O p t i o n a l
of R e p o r t ) ;
(c)
Ballot
The p o l i t i c a l
of Report);
levy
( p a r a g r a p h (V
(paragraph
12
( d ) The s e p a r a t i o n o f t h e a s s e t s o f
t h e p r o v i d e n t f u n d s ( p a r a g r a p h 13
of R e p o r t ) ;
(e)
The e x t e n t t o w h i c h members
e x p e l l e d from t h e i r Unions s n o u l d
be e n t i t l e d t o a r e f u n d of t h e
s u r r e n d e r v a l u e of t h e i r p r o v i d e n t
c o n t r i b u t i o n s ( p a r a g r a p h 14 o f
Report)a
( 2 ) That a d e c i s i o n s h o u l d be g i v e n on t h e
q u e s t i o n whether the C i v i l S e r v i c e '
p r o v i s i o n s (Clause 9) a r e t o be r e t a i n e d
i n the B i l l or t r a n s f e r r e d to a s e p a r a t e
Billo
( P a r a g r e p h 15 o f R e p o r t ) .
1
' 3 ) T h a t s u b j e c t t o d e c i s i o n s on t h e a b o v e
p o i i : \ t s , g e n e r a l a p p r o v a l s h o u l d be g i v e n
t o t h e C o m m i t t e e s R e p o r t and t o t h e
d r a f t Trade U n i o n s and Trade D i s p u t e s
Bill. .
!
(4). That P a r l i a m e n t a r y C o u n s e l s h o u l d be
a u t h o r i s e d t o confer with the Departments
concerned regarding v a r i o u s questions
o f d e t a i l a r i s i n g on t h e B i l l w i t h a
view to the preparation of a r e v i s e d
d r a f t f o r t h e c o n s i d e r a t i o n of t h e
Home A f f a i r s C o m m i t t e e e a r l y i n 1 9 2 7 .
S i g n e d on b e h a l f
of
the
Committeeo
CAVE,
Chairman.
House of
Lords,
December 3 r d ,
1926.
Confidential,
Trade Disputes and Trade Unions
Bill.
ARRANGEMENT OF CLAUSES.
Strikes and Trade Disputes.
Clause..
1. Illegal strikes.
2. Protection of persons refusing to take p a r t in illegal
strikes.
3. Prevention of intimidation, &c.
Trade
4.
5.
6.
7.
8.
Unions.
Amendment of 6 Edw. 7. c. 47 and 2 & 3 Geo. 5.
c. 30.
Rules of registered trade unions.
Provisions as to political fund.
Separation of assets of provident fund.
Persons expelled from trade unions to be entitled
to return of proportion of contributions.
Special Provisions applicable [to Civil Servants and] to
persons employed by Local Authorities.
9.
10.
[Regulations as to organisations of which, estab­
lished civil servants may be members.]
Persons employed, by local authorities.
Supplemental.
11.
12.
13.
14.
Restraint of application of funds of trade unions,
&c. in contravention of Act at suit of AttorneyGeneral.
Interpretation.
Application to Scotland.
Short title, construction, extent and repeal.
SCHEDULES.
142-8
-
A
Confidential.
DRAFT
OF A
B
I
L
L
TO
Declare and amend the law with, respect to trade A . B . 1926.
disputes and trade unions ; and for other pur—
poses connected with the purposes aforesaid.
B
E it enacted by the King's most Excellent Majesty,
by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same,
5 as follows :—Strikes and Trade
Disputes.
1 . — ( 1 ) It is hereby declared, that any strike which Illegal
has any other object than the maintenance or improve- strikes,
ment of conditions of labour in the industry or the
1 0 branch of the industry in which the strikers are engaged,
and which is intended or calculated to intimidate or
coerce the Government or the community, is an illegal
strike, and that it is illegal to commence, or continue, or
to apply any sums in furtherance or support of, such a
1 5 strike, and that any person instigating, furthering or
taking part in such a strike is guilty of a misdemeanour.
(2) The provisions of the Trade Disputes Act, 1 9 0 6 ,
shall not, nor shall the second proviso to subsection ( 1 )
of section two of the Emergency Powers Act, 1 9 2 0 , apply
2 0 to any act done in contemplation or furtherance of a
strike which is by this Act declared to be an illegal
strike, and any such act shall not be deemed for the
purposes of the Conspiracy and Protection of Property
142-8
A.B. 1026
—
Act, 1875, to be done in contemplation or furtherance
of a trade dispute.
2.—(1) No person refusing to take p a r t or to con­
tinue to take part in any strike which is by this Act
(jeclaxed to be an illegal strike, whether the strike took
jllcwd " pl
before the commencement of this Act or takes
strikes.
place thereafter, is or shall be, by reason of such refusal
or by reason of any action taken by him under this
section, subject to expulsion from any trade union or
society, or to any fine or penalty, or to deprivation of
any right or benefit to which he would otherwise he
entitled, or liable to be placed in any respect either
directly or indirectly under any disability or at any dis­
advantage as compared with other members of the union,
anything to the contrary in the rules of a trade union
or society notwithstanding.
(2) No provisions of the Trade Union Acts, 1871
to 1917, limiting the proceedings which m a y be enter­
tained by any court shall apply to any proceeding for
enforcing any right or exemption secured by this section,
and in any such proceeding the court may, in lieu of
ordering a person who has been expelled from mem­
bership of a trade union or society to be restored to
membership, order that he be paid out of the funds of
the trade union or society such sum by way of compensation or damages as the court thinks just.
Protection
of persons
refusing to
!
5
a c e
10
15
£0
25
Prevention
3.—(1) It is hereby declared t h a t it is unlawful for
of intiruida­ one or more persons (whether acting on their own behalf
iron. (Sc.
or on behalf of a trade union or of an individual
employer or firm, and notwithstanding t h a t they may be 3.0
acting in contemplation or furtherance of a trade dispute)
to attend at or near a house or place where a person
resides or works or happens to be for the purpose of
obtaining or communicating information or of persuading
or inducing any person to work or to abstain from 35
working, if they so attend in such numbers or otherwise
in such manner as to be calculated to intimidate any
person in that house or place, or to obstruct the approach
thereto or egress therefrom, or to lead to a breach of the
peace ; and attending at or near any house or place in ,40
such numbers or in such manner as is by this subsection
declared to be unlawful shall be deemed to be a watching
or besetting of t h a t house or place within the. meaning
of ' section seven of the Conspiracy and Protection of A.D. 192G.
­
Property Act, 1 8 7 5 .
(2) In this section the expression " to intimidate "
means to cause in the mind of a person a reasonable
5 apprehension of injury to him or to any member of his
family or of violence or damage to any person or property,
and the expression " injury " includes injury other than
physical or material injury, and accordingly the expres­
sion "apprehension of injury " includes an apprehension
1 0 of boycott, or loss of any kind, or of exposure to hatred,
ridicule, or contempt.
(3) I n section seven of the Conspiracy and Protection
of Property Act, 1 8 7 5 , the expression " intimidate " shall
be construed as having the same meaning as in this
15 section.
(4) Notwithstanding anything in any Act it shall
not be lawful for one or more persons, for the purpose of
inducing any person to work or to abstain from working,
to watch or beset a house or place where a person resides,
20 and any person who acts in contravention of this sub­
section shall be liable on summary conviction to a fine
not exceeding twenty pounds or to imprisonment for a
term not exceeding three months.
Trade
Unions.
4 . — ( 1 ) Subject to the provisions of this section, no
combination which is not for the time being registered as
a trade union in accordance with the provisions of the
Trade Union Acts, 1 8 7 1 to 1 9 1 7 , shall be deemed for the
purposes of the Trade Disputes Act, 1 9 0 6 , to be a trade
30 union, and accordingly t h a t Act shall have effect as if
the word ." registered " were inserted before the words
" trade union " wherever those words occur therein.
(2) Notwithstanding anything in the Trade Union
Act, 1 9 1 3 , or in the objects or rules of any trade union,
35 the funds of an unregistered trade union shall not be
applied either directly or in conjunction with any other
trade union, association, or body, or otherwise indirectly,
in the furtherance of the political objects to which
section three of that Act applies.
25
142
B
Amendment
6 Echv. 7,
£"-fl^"
J
1
a
'
A.D. 1926.
ltulcs of
registered
fcradeunions.
( 3 ) The provisions of this section shall not apply—
(a) to any trade union which existed at t h e date
of the commencement of this Act so long as
an application has within six months from
t h a t date been made by the trade union for 5
the registration thereof and t h e application
has not been withdrawn or refused or an
appeal in respect of any such refusal is
pending in the High Court; or
(b) to any trade union whereof t h e certificate 10
of registration has been withdrawn under
section two of the Trade Union Act, 1 9 1 3 ,
so long as any appeal in respect of the
withdrawal is pending in the High Court.
5.—(1) Paragraph (1) of section fourteen of the
Trade Union Act, 1871 (which provides t h a t the rules of
registered trade union shall contain provisions in
respect of the several matters in t h e First Schedule to
t h a t Act), shall have effect as if a reference to the First
Schedule to this Act were therein substituted for the
reference to the First Schedule to t h a t Act, and the
Registrar shall not register any combination
trade
union, and shall withdraw the certificate of registration
of any registered trade union, if the rules of the trade
union do not comply Avith the requirements of the said
paragraph :
Provided t h a t this subsection shall not come into
force in respect of any trade union which existed at
the date of the commencement of this Act until t h e
expiration of six months after that date. *
(2) Regulations made under section thirteen of the
Trade Union Act, 1871, shall provide for the registration
of all alterations of rules and new rules made by regis­
tered trade unions, and no rules or alterations of rules
of any registered trade union shall have effect or be
deemed for the purposes of t h a t Act to be existing rules
or alterations until they have been registered in accord­
ance with the regulations.
15
a
20
25
30
35
( 3 ) If the Registrar is satisfied t h a t rules for the
purpose of complying with the provisions of this Act 4-0
have been approved by a majority of t h e members of a
trade union voting for the purpose or by a majority of
delegates, of such a trade union voting at a meeting
called for t h e purpose, he may register those rules and
those rules shall thereupon have effect as rules of the
union, notwithstanding t h a t the provisions of the rules
5 of the union as to the alteration of rules or the making
of new rules have not been complied with.
A.D. 192GL
—
(4) Subsection (4) of section two of the Trade Union
Act, 1913, which among other things gives a right of
appeal to any person aggrieved by the withdrawal under
10 that section of a certificate of registration, shail apply
with respect to t h e withdrawal of such a certificate under
this section.
6.—(1) I t shall not be lawful to require any member Provisions
of a trade union to make any contribution to the political as to politi­
15 fund of a trade union unless before the date upon which cal fund,
the contribution is levied he has delivered at the regis­
tered office of t h e trade union, notice in writing in the
form set out in the Second Schedule to this Act of his
willingness to contribute to t h a t fund and has not
20 withdrawn the notice in manner hereinafter provided ;
and every member of a trade union who has not delivered
such notice as aforesaid, or who, having delivered such
a notice, has withdrawn it in manner hereinafter pro­
vided, shall be deemed for t h e purposes of the Trade
25 Union Act, 1913, to be a member who is exempt from
the obligation to contribute to the political fund of t h e
union:
Provided that, if a t any time a member of a trade
union who has delivered such a notice as aforesaid
30 gives notice of withdrawal thereof, delivered in like
manner as the former notice, he shall be deemed for the
purposes of this subsection to have withdrawn the notice
as from the first day of J a n u a r y next after the delivery
of the notice of withdrawal.
35 .
(2) All contributions to the political fund of a trade
union from members of the trade union who are liable
to contribute to t h a t fund shall be levied and made
separately from any contributions to the other funds of
the trade union and no assets of the trade union, other
40 than the amount raised by such a separate levy as
aforesaid, shall be carried to t h a t fund or directly or
indirectly applied or charged in furtherance of any
political object to which section three of the Trade Union
A . D . 1926. Act, 1913, applies ; and any charge in contravention of
—
this subsection shall be void.
Separation
of assets of
provident
fund.
7 . The assets of the provident fund of a trade union
shall be vested in a separate set of trustees not being
persons appointed as trustees of the other property of 5
the trade union, and shall not be directly or indirectly
applied or charged for any purposes other than the
provision of provident benefits in accordance with the
rules of the trade union ; and any charge in contraven­
10
tion of this section shall be void.
Persons ex­
pelled from
trade unions
to be
entitled to
return of
proportion
of contribu­
tions.
8 . Any person who is, after the passing of this Act,
expelled from membership of a trade union by reason of
his refusal to take part or to continue to take p a r t in
any strike, or by reason of any action against the trade
union taken by him under this Act, shall be entitled to 15
be paid out of the funds of the trade union a sum equal
to one-half of the contributions payable by him to the
provident fund of the trade union under its rules during
the last preceding year before his expulsion, multiplied
by the number of years in which he has been a member 20
of the union; and section four of the Trade Union Act,
1871, shall n o t apply to any proceedings for enforcing
the payment of any sum to which a person is entitled
under this section.
Special Provisions applicable Jjo Civil Servants and^ to
persons employed by Local Authorities.
[Regulations
as to organi­
sations of
"which estab­
lished civil
servants
may be
members.]
25
. [9.—(1) Amongst the regulations as to the conditions
of service in His Majesty's civil establishments there
shall be included regulations prohibiting established
;
civil servants from being members of any organisation 30
of which the primary object is to influence or affect t h e
remuneration and conditions of employment of its
members, unless the organisation is an organisation of
which the membership is confined to persons employed
by or under the Crown and is an organisation which 35
complies Avith such provisions as may be contained in
the regulations for securing t h a t it is in all respects
independent of, and not affiliated to any such organisa­
tion as aforesaid the membership of which is not confined
to persons employed by or under the Crown, t h a t its 40
objects do not include political objects, and t h a t it is
5
10
15
20
not associated directly or indirectly with any political A.D. 1926.
p a r t y or organisation:
— .
Provided t h a t the regulations made in compliance
with the provisions of this section shall not prevent—
(a) an established civil servant from remaining a
member of a trade union or organisation of
which he had, at the commencement of this
Act, been a member for more than six months
if under the rules thereof he is or may become
entitled to any payment during incapacity, or
by way of superannuation, or on the death of
himself or his wife, or as provision for his
children; or
(b) a person who in addition to being an established
civil servant is also engaged in some other em­
ployment or occupation from being a member
of a trade union or organisation of which
the primary object is to influence or affect
the remuneration or conditions of employment
of persons engaged in t h a t employment or
occupation.
(2) If any established civil servant knowingly con­
travenes any of the provisions of the said regulations he
shall be disqualified for continuing to be. a member of
25 the Civil Service.
(3) I n this section the expression " established civil
" s e r v a n t " means a person serving in an established
capacity in the permanent service of the Crown, and
includes any person who, having been granted a certi­
30 ficate by the Civil Service Commissioners, is serving a
probationary period preliminary to establishment.]
10.—(1) I t shall not be lawful for any local or other Persons
public authority to make it a condition of the employ- employed
ment or continuance in employment of any person t h a t ^ £ ^ J ^ g
35 he shall or shall not be a member of a trade union, or to
impose any condition upon persons employed by the
authority whereby employees who are or who are not.
members of a trade union are liable to be placed in any
respect either directly or indirectly under any disability
40 or disadvantage as compared with other employees, and
any condition imposed in contravention of this section
shall be void.
142
C
A.D. 1926.
(2) If any person employed by a local or other
public authority wilfully breaks a contract of service
—with that authority, knowing or having reasonable cause
to believe that the probable consequence of his so doing,
either alone or in combination with others, will be to
hinder or prevent the performance by the. authority of
the public duties imposed upon it by law, he shall be
guilty of an offence against this Act, and liable, on
summary conviction thereof, to a fine not exceeding
twenty pounds or to imprisonment for a term not 1 0
exceeding three months.
Supplemental.
R e s t r a i n t of
application of
funds of trade
unions, &c. in
contraven­
tion of A c t at
suit of Attor­
ney-General.
1 1 . Without prejudice to the right of any person
having a sufficient interest in the relief sought to sue or
apply for an injunction to restrain any application of 1 5
the funds of a trade union in contravention of the
provisions of this Act, such an injunction may be
granted at the suit or upon the application of the
Attorney-General.
Interpreta­
tion.
1 2 . — ( 1 ) In this Act, unless the context otherwise
requires, the following expressions have the meanings
hereby respectively assigned to them, that is to say:—­
" Public auditor " means a public auditor appointed
under the Industrial and Provident Societies
Act, 1 8 9 3 , or the Friendly Societies Act, 1 8 9 6 :
" Provident fund " means, in relation to any trade
union, the fund applicable in accordance with
the rules of the trade union for the provision of
provident benefits :
" Provident benefit " means any payment, expressly
authorised by the rules of a trade union,
to a member during sickness or incapacity
from personal injury, or to an aged member by
way of superannuation, or to a member who
has met with an accident, or has lost his tools
by fire or theft, or in discharge or aid of
funeral expenses on the death of a member,
or the wife of a member, or as provision for
the children of a deceased member:
" Strike " means the cessation of work by a body of
persons employed acting in combination, or a
20
25
30
35
40
A.D. 1926.
( 2 ) If any person employed b y a local or other
—
public authority wilfully breaks a contract of service
with t h a t authority, knowing or having reasonable cause
to believe t h a t the probable consequence of his so doing,
either alone or in combination with others, will be to 5
hinder or prevent the performance by the. authority of
the public duties imposed upon it by law, he shall be
guilty of an offence against this Act, and liable, on
summary conviction thereof, to a fine not exceeding
twenty pounds or t o imprisonment for a term not 1 0
exceeding three months.
Supplemental.
R e s t r a i n t of
funds of trade
0
unions, &e. in
tSn
o f A o t at
suit of A t t o r ney-Generai.
Interpretation.
1 1 . Without prejudice to the right of any person
having a sufficient interest in the relief sought to sue or
apply for an injunction to restrain any application of 1 5
funds of a trade union in contravention of the
provisions of this Act, such an injunction may be
gj,
j
the suit or upon the application of the
Attorney-General.
a n t e (
a
t
1 2 . — ( 1 ) I n this Act, unless the context otherwise
requires, the following expressions have the meanings
hereby respectively assigned to them, t h a t is to say:—
" Public auditor " means a public auditor appointed
under the Industrial and Provident Societies
Act, 1 8 9 3 , or the Friendly Societies Act, 1 8 9 6 :
" Provident f u n d " means, in relation to any trade
union, the fund applicable in accordance with
the rules of the trade union for the provision of
' provident benefits :
" Provident benefit " means any payment, expressly
authorised by the rules of a trade union,
to a member during sickness or incapacity
from personal injury, or to an aged member b y
way of superannuation, or to a member who
has met with an accident, or has lost his tools
b y fire or theft, or in discharge or aid of
funeral expenses on the death of a member,
or the wife of a member, or as provision for
the children of a deceased member:
" S t r i k e " means the cessation of work b y a body of
persons employed acting in combination, or a
20
25
30
35
40
concerted refusal, or a refusal under a common A.D. 1926.
understanding of any number of persons who
are, or have been employed, to continue to
work or to accept employment.
5
(2) References in the Trade Union Acts, 1871 to
1917, to the trustees of a trade union shall be deemed
to include references to the trustees of the provident
fund of the trade union :
Provided that it shall not be necessary for the
10 trustees of the provident fund of a trade union to be
joined as plaintiffs or defendants in any action, suit or
proceeding not touching or concerning any property,
right, or claim to property of the provident fund.
1 3 . This Act shall apply to Scotland, subject to Application
15 the following modifications :—to Scotland.
1 4 . — ( 1 ) This Act may be cited as the Trade Short title,
Unions and Trade Disputes Act, 1 9 2 6 , and shall be construc­
construed as one with the Trade Union Acts, 1 8 7 1 to " ******
1917", and this Act and the Trade Union Acts, 1 8 7 1 to
P ­
2 0 1 9 1 7 , may be cited together as the Trade Union Acts,
1 8 7 1 to 1 9 2 6 .
(2) This Act shall not extend to Northern Ireland.
(3) The enactments mentioned in the Third
Schedule to this Act are hereby repealed to the extent
25 specified in the third column of that schedule.
tlo
s
a n c l r e
e a l
A . D . 1926.
S C H E D U L E S .
FIRST
SCHEDULE.
MATTERS I N RESPECT OE WHICH T H E R U L E S OE
T R A D E U N I O N S MUST PROVIDE.
I. For the name and registered office of the trade union.
5
2 . For the whole of the objects for which the trade union is
to be established.
3. For determining the provident benefits for the provision
of which the provident fund shall be applicable, for defining
the conditions under which any member may become entitled to 1 0
any such benefit, and for the separation of the assets of the
provident fund from all' other property and assets of the trade
union.
4. For the fines and forfeitures to be imposed on any
member of the trade union.
5. For the manner of making, altering and amending the
rules.
6. For the appointment and removal of a general com­
mittee of management, of a treasurer and other officers.
7. For -the appointment and removal of trustees of the
provident fund and of trustees of the other property of the
trade union, for the limitation of each set of trustees to a
number not exceeding four, and for giving to the Registrar
within fourteen days notice in writing of the death or retirement
of any trustee' or of any appointment of a new trustee.
8. For the investment of the funds of the trade union.
9. For the submission to the trade union,, not later than
the first day of March in every year, of the accounts of every
branch of the trade union for the year ending on the last
previous thirty-first day of December.
1 0 . For an annual audit of the accounts of the trade union
by a public auditor.
I I . For the production for inspection of the books and
names of members of the trade union at the request of any
person having an interest in the funds of the union.
1 2 . For securing secrecy and freedom from interference in
voting at every ballot held for the purposes of the trade union.
15
20
25
30
35
13. F o r t h e s e t t l e m e n t b y reference t o one or more indepen­
d e n t a r b i t r a t o r s of every dispute between—­
A..I). 192(5
1st Sch.
j5
10
(a) a m e m b e r or person claiming t h r o u g h a m e m b e r or
u n d e r t h e rules of t h e t r a d e u n i o n or branch, a n d t h e
t r a d e union or b r a n c h or an officer thereof ; or
(b) a n y person aggrieved w h o has ceased t o b e a m e m b e r
of t h e t r a d e union or branch., or a n y person claiming
t h r o u g h such person aggrieved, a n d t h e t r a d e union or
b r a n c h or a n officer thereof.
14. F o r t h e dissolution of t h e t r a d e union.
SECOND
SCHEDULE.
FORM OF CONTRIBUTION N O T I C E .
N a m e of T r a d e Union
N a m e of m e m b e r ' s b r a n c h (if any)
POLITICAL FUND (CONTRIBUTION NOTICE).
-;r,
I HEHEBY give notice t h a t I am willing, and agree, to cont o t h e Political F u n d of t h e
Union a n d I u n d e r s t a n d t h a t I shall, i n consequence, be liable,
i n m a n n e r provided b y t h e rules of t h e Union, t o c o n t r i b u t e to
20 t h a t F u n d u n t i l t h e first d a y of J a n u a r y n e x t after I deliver a t
t h e registered office of t h e U n i o n a written notice of w i t h d r a w a l .
Tribute
A
B
Address
Membership n u m b e r ( i f any)
2f
d a y of
1 4 2
19
D
—com.
A.D. 1926.
THIRD
SCHEDULE.
ENACTMENTS R E P E A L E D .
Session and
Chapter.
2 & 3 Geo. 5.
c. 30.
Short T i t l e .
Trade Union
1913..
E x t e n t of repeal.
Act,
I n subsection (1) of section
- three the words from " a n d
" for the exemption" to
" objects to contribute" ;
section five; section six;
the Schedule.­
Confidential.
Trade Disputes and
Trade Unions,
DRAFT
OF A
to
;I
L
L
To declare and amend the law with
respect to trade disputes and trade
unions; and for other purposes con­
nected with the purposes.aforesaid.
O V I I .
(8.)
4th December 1926.
142-8