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Industrial Relations in United Kingdom
The first trade unions in UK were defensive (Hyman,
2001)
They were from an advantaged labour market which
desired to protect the customary methods of production
The shift to an economy based on purely on demand and
supply was to be resisted
The simplification of work and the cheapening of labour
was to be resisted
In the middle of the nineteenth century, there was a rapid
expansion in coal mines, iron and steel mills and cotton
factories
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These industries involved workers who did not belong to the guild
system (Hyman, 2001)
The first trade unions began as a reaction to oppression and tyranny
The early militancy gave way to moderation
Collective bargaining arrangements began with professional tradeunion leaders arguing the case of workers
The bourgeois revolution in England with the passage from
feudalism to capitalism was passive
In other European countries, it involved active mobilization with the
workers being mobilized for bourgeois cause
This mobilization of workers later led to a class consciousness
among workers and allow them to critique the bourgeois state
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There was brutal resistance and repression byemployers and the state (Hyman, 2001)
However British trade unions were able to establish theirroots by the second half of the nineteenth century
Key employers recognized the need to bargain withunions
The tradition of voluntarism was established
Neither unions nor management wanted the state to
intervene Rather than have collective bargaining enforced by law,
both parties desired arrangements to be enforced bytheir relative strength and power
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The initial focus of trade unions wasthe defence of the
right to the job, traditional methods of work organization,
and established levels of wages. (Hyman, 2001: 67)
Politics and industrial relations were thought to be
separate things
When unions felt the need for parliamentary
representation to defend them from judicial attack, they
established the Labour Party as an autonomous body.
(ibid.: 68)
Class identity and socialist transformation was an
important part of British trade union thought
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There has been a constant tension between cautious
bargaining and class assertiveness. (Hyman, 2001: 68)
The distinctive organizational and ideological
configuration of the British labour movement has often
been described as Labourism. (ibid.)
Unions in Britain (even if rhetorically committed socialist
aims) have in practice accepted and adapted to the
existing social and economic system; but they have been
prepared to fight determinedly in defence of theirmembers immediate economic interests within it. (ibid.)
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However, de facto rights were subject to important
qualifications. (Hyman, 2001: 70)
First, they tended to apply where employees enjoyed a
relatively secure labour market position or were
sustained by traditions of solidarity principally associated
with a male working class culture; other sectors of the
labour force had little protection. (ibid.)
Unionized workers in the core sectors of the economy
developed their own collective representatives shopstewards who became skilled in negotiating with first
line managers. (ibid.)
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Experience showed them that collective bargainingcould yield acceptable results; on the other hand theyknew that politicians, and the judges who applied thelaws which parliament enacted, came from a different
class and often lacked sympathy or understandingtowards workers needs. (Hyman, 2001: 72)
Craft unionismIt rested on three fundamentalprinciples: that craft training (typically involving a sevenyear apprenticeship) gave craft workers a monopoly right
to the relevant category of work; that wages shouldreflect this investment in training; and that the dignity ofthe craft entailed a high degree of autonomous controlover the performance of the job. (ibid.: 75)
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The craft worker was a professional rather than a hired hand.(Hyman, 2001: 75)
The unions prescribed unilaterally the norms covering hours ofwork, minimum wages, job definitions, and the ratio of apprentices toqualified workers (crucial to the control of the supply of labour).
(ibid.) Should an employer attempt to evade these standards, union
members would be constrained from accepting employment; if thedefiance was sufficiently blatant, existing employees might bewithdrawn, often singly rather than collectively, to find workelsewhere (the strike in detail). (ibid.)
If there were insufficient jobs available at any time on acceptableconditions, those unemployed would be entitled to support fromunion fund. (ibid.)
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The Trade Union Congress [TUC] came into existence in 1868 inorder to influence legislation and retain the voluntarist spirit ofindustrial relations
Second, employers in many of the new mass industries sought tomaximize their return on capital investments by operating
particularly excessive hours of work. (Hyman, 2001: 79) From the 1830s the demand for legal regulation of working hours
had been pressed by cotton workers, and resulted in the Ten HoursAct of 1847. (ibid.)
Labour candidates first sought entry into parliament in the 1870s
and 1880s through the Liberal party The middle class that controlled the liberal party was only scantlytolerant of this
This phenomena was known as Lib-Lab ism
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Labour Case Laws in UK
The cases are adapted and quoted from Blanpain et al
(2007)
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Sime versus Imperial College London
(Employment Appeal Tribunal 20 April 2005)
The claimant alleged that she had been unfairly
dismissed
The respondent asserted that the claimant had resigned
Claimant worked as an Executive Assistant at WyeCollege in Ashford. (Judge Serota)
Wye College became part of Imperial College in July
2000
Between 2002 and 2003, the claimant was working forProfessor Waage, the head of the Department of
Agricultural Sciences
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Sime versus Imperial College London
(Employment Appeal Tribunal 20 April 2005)
Relations between the claimant and Professor Waagewere strained
Professor Waage had exacting methods of work and hiscommunication skills were not effective
But the Employment Tribunal found that the claimant hadalso contributed to the situation
Mrs. Jovanovich, the Departmental Administrator, did notwant the claimant to write the minutes of themanagement team
Mrs. Jovanovich and Mrs. King, a student counsellorprivately explained to Professor Waage, the basis oftheir recommendation
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Sime versus Imperial College London
(Employment Appeal Tribunal 20 April 2005)
During lunch, the claimant had been discussing theprescription used by Professor Waage
The claimant had also forwarded Professor Waagesemails to Mrs. King
A security guard had reported that the claimant haddescribed Professor Waage in uncomplimentary terms
The claimant found a private note on Professor Waagesdesk
In the note, Professor Waage described the need toreplace the claimant
After reading the note, the claimant reported sick and didnot come to work due to stress
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Sime versus Imperial College London
(Employment Appeal Tribunal 20 April 2005)
Mrs. Jovanovich informed Mrs. Brown, the HR manager
that the claimant had been very distressed
Mrs. Brown communicated this to Professor Waage
Professor Waage drafted a note of apology on that veryday on January 27 and sent it through email after 5.30
pm
He conveyed to the claimant that this was a private note
written to himself to clarify his own thoughts on the issue
He also conveyed his appreciation of the claimants
dedication and that there were several positive aspects
to their work relationship
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Sime versus Imperial College London
(Employment Appeal Tribunal 20 April 2005)
Between January 27 and November 11, the claimant suggested that
there had been a breach of contract and that she had been
constructively dismissed
There were various discussions about her switching jobs
But these did not come to any fruitful conclusion The claimant suggested that the respondent had not been serious
during these discussions and was merely shepherding the
discussions towards her dismissal
A term is to be implied in all contracts of employment stating that
employers will not, without reasonable or proper cause, conductthemselves in a manner calculated or likely to destroy or seriously
damage the relationship of trust and confidence between the
employer and employee. (Employment Tribunal)
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Sime versus Imperial College London
(Employment Appeal Tribunal 20 April 2005)
It was not necessary for the employee to show that theemployer intended any repudiation of the contract.(Employment Tribunal)
It is the Tribunals function to look at the employers
conduct as a whole and determine whether it is such thatits effect, judged reasonably and sensibly, is such thatthe employee cannot be expected to put up with it.(ibid.)
The Employment Tribunal concluded that neither the
preparation of the note by Professor Waage nor the laterconduct of the respondent constitute a fundamentalbreach of contract
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Sime versus Imperial College London
(Employment Appeal Tribunal 20 April 2005)
In Isle of Wight Tourist Board v Coombes [1976] IRLR413 EAT the director of the Tourist Board said of andin the presence of his personal secretary, a woman of 58years of age who had served the Board for some 15
years, She is an intolerable bitch on a Mondaymorning. (Judge Serato)
Mrs. Coombes indicated there and then that she hadtaken enough, gave oral notice to leave, immediatelyleft and drafted a letter of resignation (ibid.)
She was held to have been constructively dismissed,although Bristow J. giving the judgement of the EAT,mentions the possibility that a timely apology might haveended matters. (ibid.)
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Sime versus Imperial College London
(Employment Appeal Tribunal 20 April 2005)
There had, though, been no apology. (Judge Serato)
In Courtaulds Northern Textiles Ltd v Anderson [1979] IRLR 84 EAT
an assistant manager had said to an employee, You cant do the
bloody job anyway, although not believing that to be the case.
(ibid.)
Again, constructive dismissal was established. (ibid.)
In Robinson v Crompton Parkinson [1978] IRLR 61 the employee,
Mr. Robinson, having been falsely and unfairly accused of theft, first
gave his employers an opportunity to apologise for their actions.
(ibid.) Only after he had failed to receive an apology over the next week
(having been, he said, promised it) did he say Im off.
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Sime versus Imperial College London
(Employment Appeal Tribunal 20 April 2005)
The industrial tribunal had dismissed his claim for unfair
dismissal; the EAT allowed the appeal and remitted the
matter to a fresh tribunal. (Judge Serato)
The EAT referred the matter back to the Employment
Tribunal to determine whether there was a breach of
implied trust and confidence by the act of Professor
Waage in leaving behind the note in his papers
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Blanpain et al (2007: 358)
Section 98(2) of the Employment Relations Act provides that
redundancy is a fair reason for dismissal
The statutory dismissal and disciplinary procedures established by
the Employment Act 2002 apply to redundancy dismissals
Thus, even if an employer could prevail on an unfair dismissal byproving redundancy, the dismissal still might be found unfair if the
employer failed to comply with the required procedures
Employees who have worked for at least two years with an employer
have a right to a redundancy payment, and notice period or payment
in lieu of notice The redundancy is based largely on years of service
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Blanpain et al (2007: 360)
Beginning in the 1970s, however, the government, withvictories by the Conservative Party, became moreinvolved in passing laws to regulate statutorily collectivebargaining, and the change decreased the strength of
the unions The passage of the Industrial Relations Act of 1971
under Prime Minister Edward Heath started the newregulation of unions and collective bargaining, but theregulation did not hit full stride until the election of Prime
Minister Margaret Thatchers Conservative governmentin 1979
The decline in union density in the United Kingdom from1970 to 2003 was 15.5%
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Blanpain et al (2007: 360-61)
The election of Prime Minister Blairs New Labour Partyin the 1990s saw a reversal of that trend
Laws were passed to restore the role of unions and tocodify the laws and practices regarding unions and
collective bargaining The United Kingdoms Trade Union and Labor Relations
(Consolidation) Act 1992 does not require employers toenter into recognition agreements and to conductcollective bargaining with a union
There are now two ways in which a union can berecognized by an employer: (1) voluntary recognition bythe employer and (2) statutory recognition
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Blanpain et al (2007: 361)
If the employer refuses to voluntarily recognize a union
when a proper request is made supported by a certain
level of support by employees, then the Central
Arbitration Committee (CAC) may decide whether to
declare recognition
Statutory recognition does impose a duty to bargain that
does not exist at common law, but the subjects of
mandatory bargaining are only pay, hours, and holidays
The Employment Relations Act (ERA) 2004 followed agovernment review of how well the 1999 Act was
working
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Blanpain et al (2007: 361-62)
One of the principal concerns was interference byemployers with employees decision to vote in thestatutory recognition ballot
In the Wilson case the European Court of Human Rights
held that the United Kingdoms law permitted employersto use financial incentives to induce employees to giveup rights and that this constituted a violation of Article 11of the Convention for the Protection of Human Rightsand Fundamental Freedoms
The ERA 2004 seeks to protect employee free choice inthe statutory recognition procedure by protectingemployees from coercive tactics
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Blanpain et al (2007: 362)
The Act creates unfair practices by employers during recognition
and derecognition balloting, including threatening employees or
offering them financial incentives
Regarding strikes, the ERA 2004 extends the protected period
from eight weeks to twelve weeks during which a dismissal of a
striker is automatically unfair
Alan Bogg is critical of the Act for not granting unions face to face
access to employees after the CAC order that an election be held
He considers the employers duty to provide information and the
entitlement of the union to send written confirmation as not going farenough in altering the access advantage enjoyed by employers
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Blanpain et al (2007: 362)
The European Committee of Social Rights determinedthat the restrictions imposed by UK law on the right tostrike amounted to an infringement of the EuropeanSocial Charter of 1996
Employers sued strike organizers for industrial torts The most significant legal protection of the right to strike
came in the Trade Disputes Act 1906, which provided animmunity for trade unions in most tort actions based on astrike
In the 1980s and 1990s, the Thatcher governmentpassed a number of laws rolling back the immunities andimposing restrictions on strike
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Blanpain et al (2007: 363)
A significant restriction was a ban of secondary action
and picketing away from ones own worksite
The Trade Union Act of 1984 imposed the conduction of
a vote on a strike as a prerequisite to obtaining the
immunity from tort
Work stoppages and other industrial actions declined
significantly from 1970 to 1998
The number of working days lost in 2003 was under
500,000 whereas the number in the 1970s was 12.9
million
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Blanpain et al (2007: 364-65)
Under Sections 188 and 189 of the Trade Union and
Labour Relations (Consolidation) Act 1992, the employer
has to give due notice before enforcing multiple
redundancies
Where more than 100 workers are to be retrenched
within a period of 90 days, a notice of at least 90 days is
to be given before the first redundancies are effected
If the employer intends to make between 10 and 100
workers redundant within a period of 30 days, a notice ofat least 30 days must be given before the first
redundancies are effected
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Blanpain et al (2007: 365)
The employer is supposed to consider representations
made by trade unions pertaining to redundancies
The employer has to state the reasons for rejecting the
representations of trade unions
Under special circumstances, it may not be practicable
for the employer to take all steps
In such a situation, the employer will take all possible
steps that are still practicable
Protective awards can be given in case of non
compliance with procedures for making employees
redundant
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History of British Trade Unionism
The years 1914-1918 saw a growing gulf between a
labour movement leadership, both industrial and political,
committed to supporting the war effort and a rank and
file which bore the brunt of harsh working conditions,
shortages and deprivations at home, and the loss ofrelatives and friends in the trenches. (Hyman, 2001: 84)
The Miners Federation with some 800,000 members
by far the largest union in the country submitted to the
government in January 1919 an ambitious programme ofdemands on wages and hours, together with their long
standing objective of nationalization. (ibid.: 88)
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History of British Trade Unionism
When the response was unsatisfactory a strike ballot
resulted in a six to one majority in favour of action, at
which point the government adopted a remarkable
procedure to defuse the conflict. (Hyman, 2001: 88)
The MFGB (Miners Federation of Great Britain) waspersuaded to postpone the strike and participate in a
special commission to determine both the immediate
issue of wages and hours and the longer-term question
of nationalization; the chair, Sir John Sankey, was ajudge acceptable to the Miners, who were able to choose
half the other members. (ibid.)
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History of British Trade Unionism
After a few months a majority reported in favour of nationalization;
but the militant post war mood had already ebbed, the Lloyd George
government reneged on its agreement, and a year later the mines
were returned to private control. (Hyman, 2001: 88)
The Triple Alliance comprised of National Union of Railwaymen
(NUR), National Transport Workers Federation (NTWF) and Miners
Federation (MFGB)
The miners were the first casualties. (ibid.: 89)
The industry was decontrolled at the end of March 1921 and on the
same day the owners, having failed to persuade the MFGB to
abandon national bargaining and agree to heavy cuts in pay, locked
out the workforce. (ibid.)
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History of British Trade Unionism
At first the other unions in the Triple Alliance agreed totake solidarity action; but amid confusion withdrew thissupport on Black Friday, 15 April. (Hyman, 2001: 89)
The miners fought on alone for three months before
accepting defeat. (ibid.) In the following year the engineering workers, led by the
new AEU (Amalgamated Engineers Union), were in thefiring line: the employers insisted on substantial pay cutsin March 1921, then demanded that the unions
recognize their right to change employment conditions inthe workplace before negotiating, imposing a nationallock out which lasted three months before the unioncapitulated. (ibid.)
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History of British Trade Unionism
The employers were quick to hammer home theirvictory, cutting wages once more for some workers, tobelow 1914 levels. (Hyman, 2001: 89)
The onset of mass unemployment (which until the late
1930s remained almost continuously above ten percent), the losses suffered by those who continued inemployment and the costs of these and many other bitterdefensive struggles were reflected in trade unionmembership, which between 1920 and 1923 fell by more
than a third. (ibid.) In 1926 the philosophy of the general strike was put to
test. (ibid.)
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History of British Trade Unionism
In the previous year, the government had re-adopted thegold standard at pre war parity. (Hyman, 2001: 89)
Coal exports were badly hit (ibid.)
The owners again demanded pay cuts and also an
extension of the working day (ibid.) The economy generally showed signs of a mild
recovery (ibid.)
Unions in some industries were able to negotiate
modest improvements for their members. (ibid.) Fearful of another Black Friday, the TUC (Trade UnionCongress) agreed to block the movement of coal if theminers were locked out. (ibid.)
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History of British Trade Unionism
The government responded by offering a nine month
subsidy to the industry (Hyman, 2001: 89)
A new commission was to draft proposals for the future
of the industry. (ibid.)
The unions hailed this as a victorious outcome Red
Friday (ibid.)
The Samuel Commission deliberated and the
government prepared for a possible breakdown. (ibid.)
The Commission reported in March 1926 (ibid.)
Recommending rationalization of the industry as the
long run solution to its economic difficulties (ibid.)
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Hyman (2001: 89)
In the short run it rejected the proposal to increase
working hours
But accepted that there should be some reduction in
wages
Talks between the two sides brought no settlement
At the end of April the TUC decided that if the miners
were locked out a strike would be called in their support
Involving workers in transport, printing and much of
heavy industry.
Efforts to involve government in a negotiation broke
down.
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Hyman (2001: 89)
Union members responded to the strike call on 4 May
with considerable enthusiasm
At national level a network of TUC committees
coordinated action
At local level a network of existing trades councils ran
the strike in their localities
The government used troops and specially recruited
strike breakers to maintain a rudimentary transport
system
It also conducted an impressive propaganda offensive
It made use of the new broadcasting system
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Hyman (2001: 90)
It argued that the strike was a challenge to the
constitution
No further discussion could take place until the TUC
surrendered unconditionally
Miliband (1961: 133-4)With unerring precision, the
Government and its supporters concentrated on the one
issue which was, above all others, certain to unnerve the
Labour leaders: the issue of revolution and
constitutionality Faced with this intransigence, the union leaders who had
called the strike had no idea how to proceed
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Hyman (2001: 90)
They had entered into a co-ordinated form of nationalsolidarity action
They hoped that the government would agreed to anacceptable settlement
But their bluff was called And they were denounced as revolutionaries
The desperate attempts to find a face saving solutionfailed
After nine days the strike was called of unconditionally Many strikers were victimized
A number of activists were prosecuted and imprisoned
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Hyman (2001: 90)
The miners remained locked out for another six months
Starved back, they agreed to owners terms
This heroic disaster was a brutal demonstration of thelimits of what can be called constitutional insurgency
A telling example is given by Aneurin Bevan whorecounts an occasion when the MFGB president, RobertSmillie, had spoken of a meeting in 1919, between theTriple Alliance representatives and the prime minister,Lloyd George
Lloyd GeorgeGentlemen, you have fashioned, in theTriple Alliance of the unions represented by you, a mostpowerful instrument.
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Hyman (2001: 90)
Lloyd George
I feel bound to tell you that in our opinion we are at yourmercy
The Army is disaffected and cannot be relied upon
We have just emerged from a great war and the peopleare eager for the reward of their sacrifices
And we are in no position to satisfy them
If you carry out your threat and strike, you will defeat us
But if a force arises in the State which is stronger thanthe State, then it must be ready to take on the functionsof the State
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Hyman (2001: 90)
Lloyd George was, of course, bluffing
If necessary, the government could have responded as
forcefully in 1919, as in 1926
But he knew that the union leaders were negotiators, not
revolutionaries
Robert Smillie: From that moment on, we were beaten
and we knew we were.
After this the General strike of 1926 was really an anti-
climax
The essential argument had been deployed in 1919
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Hyman (2001: 92)
This was evident in 1924 when Labour under MacDonald
first assumed government office
The unions were marginalized
TUC secretary Fred Bramley complained that he never
had more than five minutes conversation with the Prime
Minister throughout
Ernest Bevin of the TGWU was likewise unimpressed
when threatened with military intervention during a
dockers strike
Similar problems occurred during the second Labour
government of 1929-31
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Hyman (2001: 92)
The second labour government collapsed
Majority of the cabinet refused to accept MacDonalds
proposed cuts in unemployment benefit
The intervention of the TUC leadership had influenced
the cabinet decision
The Communist Party of Great Britain (CPGB) was one
of tiniest in Europe in relation to the size of the country
It claimed 4000 members on its formation in 1920
Just over 10000 for a brief moment after the General
Strike, but falling below 3000 by the end of the decade
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Hyman (2001: 92)
There was a persistent tension
On the one hand, the effort to inspire radical, andpotentially revolutionary struggle
On the other hand, the attempt to gain official positions,
win conference debates and attract the support ofpotentially sympathetic leaders
The latter was the more attractive approach
And this was the line of least resistance
Most communist militants were trade union loyalists firstand revolutionaries second
They were frequently denounced from Moscow for theirtrade union legalism
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Hyman (2001: 92)
The charge was correct
In what other country would the general secretary of thecentral union confederation have written a guidebook toconstitutional procedure, or would such a book have
become a trade union best seller, as popular on the leftas on the right?
A new precedent was, however, set in 1935 when WalterCitrine, the TUC secretary (together with thesteelworkers leader, shortly to retire) accepted a
knighthood CitrineThis is a recognition of services which I
believed had been valuable to the community.
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Hyman (2001: 94-95)
The transformation in the status of the labour movement
involved, to a large degree, the ceremonial status of its
dignitaries and the integration of its representatives in an
elaborate web of consultative mechanisms
Neither could be equated with decision making power
During the Second World War, trade unions had a vital
mediating role to perform
In defusing discontent and sustaining civilian morale
Union membership increased substantially from 6 million
at the beginning of the war to 8 million at its end
Most stoppages were in coal mining
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Hyman (2001: 95)
The extreme conditions of production were an exceptional
provocation to unrest
Officials and activists who had lived through the inter war years
carried a heavy load of grudges
Outmanoeuvred by Lloyd George in 1919-20
Defeat in the General Strike in 1926
Vindictive Trade Disputes Act the following year
Betrayal of the movement by MacDonald in 1931
The scandal of mass unemployment
The degrading treatment of the unemployed by public authorities
The dictates of the Little Hitlers who exercised management on the
shop floor
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References
Blanpain, R., Bisom-Rapp, S., Corbett, W. R., Josephs,
H. K., and Zimmer, M. J. (2007). The Global Workplace:
International and Comparative Employment Law, Cases
and Materials. Cambridge: Cambridge University Press
Hyman, R. (2001). Understanding European TradeUnionism: Between Market, Class and Society. London:
Sage