FREE BOOKS

Author's List




PREV.   NEXT  
|<   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253  
254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   >>   >|  
only did away with the criminal liability and left the victims of the boycott or blacklist free to sue the combination for damages; but by the "Trade Disputes Act," 6 Edward 7, chapter 47 (December 21, 1906) the following paragraph was added: "An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable." And also a clause as to picketing: "It shall be lawful for one _or more[1]_ persons, acting on their own behalf or on behalf of a trade-union or of an individual employer or firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or to abstain from working." [Footnote 1: The italics are our own.] And another upon inducing the breaking of contracts, loss of service: "An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that it induces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labor as he wills." Furthermore, after the Taff Vale case, trades-unions were exempted from all liability: "(1) An action against a trade-union, whether of workmen or masters, or against any members or officials thereof on behalf of themselves and all other members of the trade-union in respect of any tortious act alleged to have been committed by or on behalf of the trade-union, shall not be entertained by any court. "(2) Nothing in this section shall affect the liability of the trustees of a trade-union to be sued in the events provided for by the Trades-Union Act, 1871, section nine, except in respect of any tortious act committed by or on behalf of the union in contemplation or in furtherance of a trade dispute. "(3) In this act and in the Conspiracy and Protection of Property Act, 1875, the expression 'trade dispute' means any dispute between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employme
PREV.   NEXT  
|<   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253  
254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   >>   >|  



Top keywords:

dispute

 

person

 

behalf

 

furtherance

 

contemplation

 

workmen

 
employment
 
actionable
 

liability

 

combination


respect

 

peacefully

 

tortious

 

business

 

committed

 

section

 

attend

 

members

 

agreement

 
persons

connected

 

exempted

 

unions

 

trades

 

contract

 

interference

 

employme

 

ground

 
induces
 

dispose


Furthermore

 

action

 

capital

 

officials

 

Nothing

 
Conspiracy
 

Property

 

Protection

 

trustees

 

affect


provided

 
Trades
 

service

 

thereof

 

events

 

employers

 
masters
 

alleged

 

expression

 
entertained