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?

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
What are model unions
Unions for skilled people with high membership fees that used strike a a last resort
26
Example of model trade unions
Amalgamated Society of Engineers 1851
27
What caused the political backing of the Trade unions act 1871
More people could vote including the ordinary home owner. Trade unions promised to support the liberal party if the supported this act
28
Trade unions act 1871
Trade unions were legal, but their activities were not (strike an picketing...)
29
Picketing
The congregations of workers outside the work place with placards to protest grievances with an employer.
30
Conspiracy and protection of property act 1875
- 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
Golden formula
You can not be prossocuted as long as actions were legal
32
Did the Conspiracy and protection of property act 1875 give immunities, rights or both to trade unions
Immunity not rights
33
Taff Vale Railway Company v Amalgamated Society of Railway Servants
The union (on strike) convinced the replacement workers to not cross the picket line and as a result the union was sued
34
Why was Amalgamated Society of Railway Servants actions | illegal?
Breach of third party contract
35
Trade disputes act 1906
- 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
New unionisim
- Low members fees - Wider inclusion of industries - Aggressive use of strikes - Explicit and radical political links (James Connolly)
37
Trade union act 1941 (first Irish price of legestation)
- Set up sole negotiating rights (SNRs) licence system | - British trade unions were not given this licence and as a result declined.
38
What must an organisation have to engage in collective bargaining?
sole negotiating rights (SNRs) licence
39
Expected bodies
Bodies like trade unions set up by employers as a substitute, have to prove independence from employers