Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/34

Click to flip

34 Cards in this Set

  • Front
  • Back

Metrobus Ltd v Unite the Union

"right to strike" is no more than a slogan or legal metaphor - not been bestowed by statute -immunites - outside of that its the rigour of common law

Wedderburn of Charlton

Rights v Privilege --> tensions between TUs and courts

Issues that arise from strikes

- Inducing breach of contract
- Loss by unlawful means
- Intimidation
- Conspiracy

Inducing breach cases

Lumley v Gye


OBG Ltd v Allen

OBG case points on inducing breach

1. Know of existence of contract (subjective)


2. Element of inducement


3. Intend to be breached (need not be primary aim)


4. Actually breached (not an attempt)

OBG on loss by unlawful means

1. Knowledge of actual or potential commercial relationship between employer and 3rd party


2. D must intend to cause loss to the employer


3. Loss must be causes by the Union using unlawful means "independently actionable" by the 3rd party

Intimidation case and points

Rookes v Barnard (no 1)[1964]


1. Threat must be of the 'or else' kind


2. Must be effective


3. To so something unlawful, independently actionable had it been carried out

Examite v Whittaker

Pull aside any curtain over Ltd companies and see what the real truth is

UCL NHS Trust v Unison

NOT a future employer

Objective test for trade dispute

PBDS (National Carriers) v Filkins [1979]

Wholly political dispute cases

ANG v Flynn (1970) cf.


Wandworth LBC v National Associaltion of Schoolmasters / Union of Women teachers [1994]

Contemplation / Furtherance is a subjective test - case?

Express Newspapers Ltd v McShane


"honestly thinks it will help one of the parties"

National Union of RMT v UK [2014]

Sought to oveturn the ban on secondary action ... Govts have wide margin of appreciation in regards to this

Sim v Rotherham MBC [1987]

Breach of generalised implied obligation of co-operation

SS for Employment v Associated Society of Locomotive Engineers and Firemen (no 2)

Work to rule was actually a breach of contract ... despite the contractual strangeness

Participant in a strike

Coates v Modern Methods and Materials Ltd [1983]




Bolton Roadways v Edwards [1987]




Power Packing Case Mako Ltd v Fawst [1983]

Principles from Blue Circle Staff Association v Certification Officer [1977]

7 key factors:


- Finance and Other Assistance


- Employer Interference


- History


- Rules


- Single company unions


- Organisation


- Attitude

Decision in Blue Circle

Union was not independent - little more than a sophisticated instrument of personal control




Not yet established its independence

National Union of Gold, Silver and Allied Trades v Albury Brothers Ltd [1979]

Express recognition between trade association and union did not imply a recognition




Not a mere willingness to discuss, but a positive decision to negotiate

Recognition must be for the purposes of collective bargaining... case?

Union of Shop, Distributive and Allied workers v Sketchley Ltd [1981]
- Agreement about an individual representation was not an agreement about collective bargaining

Headlines of statutory recognition procedure...

20+ employees


Adjudication - Central Arbitration Committee


If rejected- CAC can assess support

CAC minimum requirements

50% support - can grant recognition


Ballot of relevant workers:


50% in favour and 40% of those eligible to vote


DO NOT compel the company to negotiate in good faith

Article 11 ECHR

Freedom of Association

Closed Shop

Post and Pre

Harrison v Kent County Council [1995]

No rigid distinction between membership and activities




"open" to an ET to find someone refused employment because of TU activism was refused mployment because of TU membership

Chant v Aquaboats Ltd

Petitioned about health and safety


He was dismissed because of this but the petition was not a union activity

"at an appropriate time"

- Outside working hours


- Within working hours with the employer's permission

Employer's permission be implied?

Marley Tile Co Ltd v Shaw
"no requirement that the permission be express"

Lee v Showmen's Guild of Great Britain

Expelled for refusing a fine - strict decision of the CA - L had not broken the rules and should not have been disciplined




Important limitations imposed by public policy
Natural justice... cannot stipulate for a power to condemn a man unheard

Roebuck v National Union of Mineworkers (Yorkshire Area) (No 2) [1978]

Scargill was the chairman of the area committee, the disciplinary committee, and appeal committee




Real appearance of bias

What constitutesdiscipline

Includes – expulsion, fine, deprivation of benefits or services, any “other detriment”

Nalgo v Killorn and Simm [1991] ICR 1

Suspension

Main expulsion case?

Aslef

Main theorist?

Ewing