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PM4064 > Trade union history > Flashcards

Trade union history Flashcards

1
Q

Who does the law favour employers or employees

A

It is neutral to both

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2
Q

Common law

A

Judges decided law, focuses on individual rights

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3
Q

Criminal law

A

Punishment is imprisonment

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4
Q

Civil law

A

Breaches of contract and tort law

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5
Q

Where is law derived from

A

Statutory law, Irish constitutions and EU law

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6
Q

What levels of income are linked to low trade union membership?

A

Low levels of income

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7
Q

Define trade union

A

a continuous association of wage earners with the objective of maintaining and improving conditions of employments

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8
Q

What the the aim of trade unions

A

Re balance power in the work place.

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9
Q

What are the objective of trade unions?

A

To achieve better pay, conditions and replace individual bargaining with collective bargaining.

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10
Q

Collective bargaining

A

Negotiating with a single or multiple employers on the pay and conditions of a group of workers

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11
Q

What were the earliest form of trade unions?

A

Guilds

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12
Q

When was the first trade union set up in the UK?

A

1696

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13
Q

When was the first trade union set up in Ireland?

A

1764

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14
Q

Who were in the first trade unions/combinations?

A

Highly skilled people with trades that were needed by society.

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15
Q

What type of law was hostile towards trade unions at the start?

A

Common law

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16
Q

Why were judges hostile to trade unions at the start?

A

They had a close relationship with the industrialists and land owners

17
Q

Why is common law hostile towards trade unions?

A

Common law is biased on individual rights not collective rights.

18
Q

Anti combination acts 1799/1800

A

Members of combination were in restraint of common law and would receive 3 months (6 in Ire.) in prison.

19
Q

Did the anti combinations act work? and why?

A

No because of:

  • Secrecy of these organizations
  • Social pressure/violence
  • Workers were needed
20
Q

When was the ant combinations act 1799/1800 repealed?

A

1824/25

21
Q

What model of employment relations does Ireland follow?

A

Anglo Saxon model of employment relations

22
Q

After 1825 what was the law around trade unions?

A
  • Combinations were still illegal at common law

- Illegal to make oaths of secrecy

23
Q

Tolpuddle Martyr (1834)

A

6 farm labors joined the grand national and consolidated trade union and were found guilty for taking a seditious oath. . Sent to Australia.

24
Q

What did employers do to union members who went on strike?

A

Replaced them

25
Q

What are model unions

A

Unions for skilled people with high membership fees that used strike a a last resort

26
Q

Example of model trade unions

A

Amalgamated Society of Engineers 1851

27
Q

What caused the political backing of the Trade unions act 1871

A

More people could vote including the ordinary home owner. Trade unions promised to support the liberal party if the supported this act

28
Q

Trade unions act 1871

A

Trade unions were legal, but their activities were not (strike an picketing…)

29
Q

Picketing

A

The congregations of workers outside the work place with placards to protest grievances with an employer.

30
Q

Conspiracy and protection of property act 1875

A
  • No member of a union can be liable for criminal conspiracy for picketing
  • golden formula
  • Role of criminal law was removed and confined to civil dammages
31
Q

Golden formula

A

You can not be prossocuted as long as actions were legal

32
Q

Did the Conspiracy and protection of property act 1875 give immunities, rights or both to trade unions

A

Immunity not rights

33
Q

Taff Vale Railway Company v Amalgamated Society of Railway Servants

A

The union (on strike) convinced the replacement workers to not cross the picket line and as a result the union was sued

34
Q

Why was Amalgamated Society of Railway Servants actions

illegal?

A

Breach of third party contract

35
Q

Trade disputes act 1906

A
  • Gave trade unions blanket immunity for criminal and civil liabilities
  • Peaceful picketing was legal
  • Provided immunity against breach of third party employment contracts
  • Unions had no rights but were given protection
36
Q

New unionisim

A
  • Low members fees
  • Wider inclusion of industries
  • Aggressive use of strikes
  • Explicit and radical political links (James Connolly)
37
Q

Trade union act 1941 (first Irish price of legestation)

A
  • Set up sole negotiating rights (SNRs) licence system

- British trade unions were not given this licence and as a result declined.

38
Q

What must an organisation have to engage in collective bargaining?

A

sole negotiating rights (SNRs) licence

39
Q

Expected bodies

A

Bodies like trade unions set up by employers as a substitute, have to prove independence from employers

PM4064 (13 decks)

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