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Trade unions
Although trade unions are unincorporated associations, the law
has always accorded them special treatment. This has varied
from treating them as unlawful conspiracies in their early days
to the present position in which they are not only legally recognised
as lawful associations, but also accorded specially favourite
treatment in certain respects.
The legal position of trade unions is now governed by the Trade
Union and Labour Relations Acts 1974-76. although they are not
corporate bodies the Acts provide that:
-they are capable of making contracts;
-their property is vested in trustees, to be held on their behalf;
-they can sue or be sued in their own names, and be prosecuted
in their own names for crimes committed by them or on their
behalf;
-they are not to be treated as unlawful simply because they
act in restraint of trade;
-a court order may be enforced against any property held in
trust for a union ‘in like manner as if the union were
a body corporate’;
-despite the fact that in general they can be sued, they have
a wide immunity in certain matters; they cannot be sued in tort
in respect of any act alleged to have been done, threatened
or intended to have been done on their behalf. This immunity
extends not only to the unions themselves but also to their
trustees, members and officials acting on their behalf. This
special protection does not, however, apply – unless the
act in question is done ‘in contemplation or furtherance
of a trade dispute’ – to actions involving negligence,
nuisance, or breach of statutory duty resulting in personal
injury to any person, or to any breach of duty owed in connection
with the ownership, occupation, possession, control, or use
of any property;
-in respect of collective agreements between unions and employers,
there is an irrebuttable presumption that the parties did not
intend to enter a legally enforceable contract unless the agreement
is in writing and states that it is to be legally enforceable.
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