The History of Trade Unionism: (Revised edition, extended to 1920)Webb, Sidney
History
The History of Trade Unionism: (Revised edition, extended to 1920)
Webb, Sidney
Labor unions -- Great Britain -- History
So far the result of the Commission was purely negative. No hostile
legislation was even suggested. On the other hand, it was obvious that
no Trade Union would accept “legalisation” on the proposed conditions.
But Harrison and Hughes had not restricted themselves to casting out
all dangerous proposals from the majority report. Their minority
report, which was signed also by the Earl of Lichfield, exposed in
terse paragraphs the futility of the suggestions made by the majority,
and laid down in general terms the principles upon which all future
legislation should proceed. It advocated the removal of all special
legislation relating to labour contracts, on the principle, first,
that no act should be illegal if committed by a workman unless it was
equally illegal if committed by any other person; and secondly, that
no act by a combination of men should be regarded as criminal if it
would not have been criminal in a single person. To this was appended
a detailed statement, drafted by Frederic Harrison, in which the
character and objects of Trade Unionism, as revealed in the voluminous
evidence taken by the Commission, were explained and defended with
consummate skill. What was perhaps of even greater service to the
Trade Union world was a precise and detailed exposition of the various
amendments required to bring the law into accordance with the general
principles referred to. We have here a striking instance of the
advantage to a Labour Movement of expert professional advice. The Junta
had been demanding the complete legalisation of their Unions in the
same manner as ordinary Friendly Societies. They had failed to realise
that such a legalisation would have exposed the Amalgamated Society of
Engineers to be sued by one of its members who might be excluded for
“blacklegging,” or otherwise working contrary to the interests of the
trade. The whole efficacy, from a Trade Union point of view, of the
amalgamation of trade and friendly benefits would have been destroyed.
The bare legalisation would have brought the Trades Unions under the
general law, and subjected them to constant and harassing interference
by Courts of Justice. They had grown up in despite of the law and the
lawyers; which as regards the spirit of the one and the prejudices of
the other were, and still are, alien and hostile to the purposes and
collective action of the Trades Societies. The danger of any member
having power to take legal proceedings, to worry them by litigation and
cripple them by legal expenses, or to bring a society within the scope
of the insolvency and bankruptcy law, became very apparent. The Junta
easily realised, when their advisers explained the position, that mere
legalisation would place the most formidable weapon in the hands of
unscrupulous employers. To avoid this difficulty Harrison proposed the
ingenious plan of bringing the Trade Union under the Friendly Societies
Acts, so far as regards the protection of its funds against theft or
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