Английская Википедия:Amalgamated Society of Railway Servants v Osborne
Шаблон:Short description Шаблон:Use dmy dates Шаблон:Infobox court case
Amalgamated Society of Railway Servants v Osborne [1910] AC 87 is a UK labour law case, which ruled that it was unlawful (ultra vires - beyond their legal powers) for trade unions to use funds raised from their subscriptions for political purposes (including funding the Labour Party or Labour candidates).
Facts
Osborne, a member of the Amalgamated Society of Railway Servants for 16 years in Walthamstow alleged that the union's creation of a political fund to support the Labour Representation Committee in elections was done irregularly in breach of union procedure. The original rules, from 1900, contained no reference to seeking Parliamentary representation.[1] Because of the irregularity, it was argued that the donations by the union were ultra vires and void.
Judgment
House of Lords
The House of Lords held that a union’s authority was circumscribed by the union’s rules. Use of union funds for any purpose other than those enumerated in the union rules was ultra vires.
Court of Appeal
After bringing his action, Mr Osborne was expelled from the union. He brought a further claim that his expulsion was wrongful.[2] The Court of Appeal held that he was wrongfully excluded. Lord Cozens-Hardy MR noted that the union was, at common law, a lawful association.
Significance
The judgment threatened one of the Labour party's main funding sources. This was especially detrimental to the Labour Party as its supporters were generally poorer than other political parties. The two elections in 1910 saw Labour gain 40 seats and 42 seats respectively. In 1911 H. H. Asquith's government decided, for the first time, that MPs should receive a salary. (Previously, only people with savings or funding organizations behind them could become Members of Parliament.) David Lloyd George, the Chancellor of the Exchequer gave MPs a wage of £400 per annum, which alleviated financial problems.
The Osborne judgment was overturned in 1913 by the Trade Union Act 1913,[3] which confirmed the lawfulness of union political funds, but which compromised by giving members the choice to opt out of paying into them. The Trade Disputes and Trade Unions Act 1927 required union members to opt into the political fund. The Trade Disputes and Trade Unions Act 1946 repealed the 1927 Act and again required that members opt out. Currently under TULRCA 1992 s 82, members have the right to not contribute to a political fund, not be discriminated against for it, and the right to complain to the Certification Officer.
See also
- UK labour law
- Trade Union Act 1913
- Trade Disputes and Trade Unions Act 1927
- Trade Disputes and Trade Unions Act 1946
- TULRCA 1992 s 82
Notes
External links
- The Osborne Judgement of 1909: Trade Union funding of political parties in historical perspective
- The Osborne Judgement
- ↑ "To improve the condition and protect the interests of its members; to endeavour to obtain and maintain reasonable hours of duty and fair rates of wages; to promote a good understanding between employers and employed, the better regulation of their relations, and the settlement of disputes, between them by arbitration, or, failing arbitration, by other lawful means; to provide temporary assistance to members when out of employment through causes over which they have no control, or through unjust treatment; to provide legal assistance when necessary in matters pertaining to the employment of members, or for securing compensation for members who suffer injury by accidents in their employment occasioned by the negligence of their employer or of those for whom their employer is liable, to aid the young orphan children of all members; and to use every effort to provide for the safety of railway work and of railway travelling; to provide a grant of money in case of members permanently disabled or killed by accident, or when by reason of old age they cannot follow their regular employment; also to enable such members as voluntarily desire it to provide funds for their relief in sickness or temporary disablement, and for their respectable interment.”
- ↑ [1911] 1 Ch 540
- ↑ Шаблон:Cite book
- Английская Википедия
- Страницы с неработающими файловыми ссылками
- 1909 in the United Kingdom
- British trade unions history
- 1909 in British law
- 1909 in case law
- 1909 in labor relations
- House of Lords cases
- United Kingdom trade union case law
- Political funding in the United Kingdom
- 1909 in rail transport
- Railway case law
- Страницы, где используется шаблон "Навигационная таблица/Телепорт"
- Страницы с телепортом
- Википедия
- Статья из Википедии
- Статья из Английской Википедии
