A History of the Durham Miner's Association 1870-1904Wilson, John
History
A History of the Durham Miner's Association 1870-1904
Wilson, John
Coal miners -- Labor unions -- Great Britain -- History; Durham Miners' Association -- History
That was the question to be decided. Should the rule be the guide, and
the Executive Committee have the management, or should lodges be
allowed to stop their colliery in opposition to the constitution, and
suffer none of the consequences? The Washington case afforded the
opportunity for the settlement, and that is the reason why it is made
part of this history. The dispute arose about the application of an
agreement made by themselves. The nature of the agreement is of no
import now. The action of the lodge and its relation to the rule is
what we have to consider. The manager put one interpretation on the
agreement, the workmen another, and they were the signatories. Numbers
of agreements had been disputed prior to that, and had been brought
before Joint Committee or some other properly arranged tribunal, and
managed by the agents, or Executive, in accordance with rule.
Washington, however, set rule aside, disregarded the Committee, and
stopped the pit on the 10th of August. On the 11th the corresponding
secretary met their deputation in Newcastle, and told them they were
acting illegally, and that they could not be paid from the funds. The
deputation, however, were confident the Council would grant them
strike pay, although they admitted they were breaking the rule. Other
means were adopted to induce them to resume work. The lodge appealed
to the Council for a grant; it was not put on the programme. The
trustees objected to the treasurer paying the money. They had taken
the opinion of Mr Atherley Jones previously. The question submitted to
the Counsel was: "Supposing a lodge came out on strike in violation of
the rule, without first having obtained the permission of the
Committee or Council, would the fact that the Council, after the men
came out on strike, approved of their action alter the position or
liability of the trustees?"
The opinion was as follows:--
MR JONES' OPINION
_August 30th, 1897._
With regard to the question raised, whether, under the circumstances
described, the trustees have power to allow payments to be made to
the men on strike who have violated Rule 50, I am of opinion that
they have no such powers, and any payment so made would appear to be
a direct breach of trust. Nor do I think the position or liability of
the trustees would in any way be altered by the subsequent vote of
the Council approving such payments. The wording of Rule 51 is quite
clear:--
"Any lodge ceasing work" "under the circumstances which have
happened" "shall forfeit all claims on this Association"; and even
though the whole Association were to vote in favour of strike pay
being granted, I cannot see how the effect of that rule could be
removed.
Public-domain text, read in full here on John Shaqi.
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