Crofter Hand Woven Harris Tweed Co Ltd v Veitch
Crofter Hand Woven Harris Tweed Co Ltd v Veitch [1941] UKHL 2 is a landmark UK labour law case on the right to take part in collective bargaining. However, the actual decision which appears to allow secondary action may have been limited by developments from the 1980s.
Facts
In the Harris Tweed industry on the island of Lewis in the Outer Hebrides, several independent producers of tweed cloth were in a dispute with the Transport and General Workers' Union over working conditions. The TGWU called on dockers in Stornoway, also TGWU members to refuse to handle the yarn imported to the island by the producers.
Judgment
The House of Lords held that there was no actionable conspiracy in this case. Lord Chancellor Simon said,
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If the predominant purpose is the lawful protection or promotion of any lawful interest of the combiners (no illegal means being employed) it is not a tortious conspiracy, even though it causes damage to another person.[1] |
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Lord Wright affirmed that the union had a right to take part in collective bargaining and more than that said,
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Where the rights of labour are concerned, the rights of the employer are conditioned by the rights of the men to give or withhold their services. The right of workmen to strike is an essential element in the principle of collective bargaining.[2] |
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See also
Collective action sources |
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| TULRCA 1992 s 219 | | | | Taff Vale Railway Co v ASRS [1901] AC 426 | | | | JT Stratford & Son v Lindley [1965] AC 269 | | | | Merkur Island Shipping Corporation v Laughton [1983] 2 AC 570 | | TULRCA 1992 s 244 | | BBC v Hearn [1977] ICR 686 | | UCL Hospitals NHS Trust v Unison [1999] ICR 204 | | Universe Tankships Inc of Monrovia v ITWF [1983] 1 AC 366 | | TULRCA 1992 ss 226-234 | | P v NASUWT [2003] 2 AC 663 | | British Airways Plc v Unite the Union (No 2) [2010] EWCA Civ 669 | | | | TULRCA 1992 ss 20-22, 220-221 and 241 | | The Rosella (2008) C-438/05 | | Laval Un Partneri Ltd v Svenska BAF (2008) C-319/05 | | | | |
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Notes
- ↑ [1942] AC 435, 445
- ↑ [1942] AC 435, 463
References
