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(b) The Trade Disputes Act, 1906,
which extended the immunities granted by the Conspiracy and Protection of Property Act, 1875;
(c) The Trade Union Act, 1913,
which legalised the political activities of trade unions; and
(a) The Trade Union (Amalgamation) Act, 1917,
which laid down conditions governing the amalgamation of unions.
The Trade Disputes Act, 1906, and the Trade Union Act, 1913, were both passed for the purpose of reversing judicial decisions given in the following circumstances:-
(i) The Trade Disputes Act, 1906, and the "Taff Vale" case.
In 1901, certain acts, alleged to be unlawful, had been committed in the course of a strike which had broken out among the employees of the Taff Vale Railway Company. The Company sued the Union the Amalgamated Society of Railway Servants of which the men were members, in tort for having conspired to induce the workmen to break their contracts and to interfere with the traffic of the company by picketing and other unlawful
means.
An interim injunction was granted against the Union which appealed on the issue as to whether a Union was liable to be sued in tort. The Court of Appeal reversed the judge's decision, which was restored on final appeal to the House of Lords where it was held that the Act of 1871, by conferring on registered trade unions certain corporate privileges, had impliedly imposed corporate liabilities on them as well.
As a result of this decision a Commission was appointed in 1903, to enquire into the state of the law affecting trade disputes and trade combinations. The report of the Commission published in 1906, recommended that, subject to certain safeguards, trade unions should accept full responsibility for their official actions. Certain changes in the Government took place at that time however and the Report of the Commission this was not accepted. Finally the Trade Disputes Act, 1906, was passed; Act broadly speaking made unions immune in respect of any wrongful act committed by or on behalf of a union, and provided immunity from legal action on certain grounds in respect of acts done in contemplation or furtherance of a trade dispute.
(ii) The Trade Union Act, 1913 and the "Osborne'
case.
In 1908, W.V. Osborne, a member of the Amalgamated Society of Railway Servants brought an action to restrain the Society from spending its funds on political objects. The injunction was granted by the Court of Appeal and upheld by the House of Lords. It was held that political objects since they were outside the statutory objects of trade unions as defined in the Acts of 1871 and 1876, were ultra vires.
In 1913, the unions were able to secure the passing of the Trade Union Act of 1913, which reversed to some degree the decision given in the Osborne case. The Act expressly allowed trade unions to pursue other objects in addition to the principal objects as defined in the Acts of 1871 and 1876, and provided that trade union funds might be applied, under certain conditions, for defined political objects, subject to members being entitled to exemption from such contributions on giving notice of their objection.
A number of important changes regarding the activities of trade unions were introduced into the legislation by the Trade Disputes and Trade Unions Act of 1927, which was passed shortly after the General Strike of the previous year. In addition to defining strikes or lockouts in certain circumstances as illegal and thus limiting the freedom of action of unions with regard to
3.