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A Watershed Decade in British Industrial Relations, 1965 to 1974? the Donovan Commission Report, in Place of Strife and the Industrial Relations Act of 1971

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A Watershed Decade in British Industrial Relations, 1965 to 1974? the Donovan Commission Report, in Place of Strife and the Industrial Relations Act of 1971 View metadata, citation and similarbroughtCORE papers to you at by core.ac.uk provided by University of Huddersfield Repository A Watershed Decade in British Industrial Relations, 1965 to 1974? The Donovan Commission Report, In Place of Strife and the Industrial Relations Act of 1971. Jacqueline Ann Lane University of Huddersfield PhD Thesis Date: MAY 2017 1 Acknowledgements and Statement of Originality “I certify that this thesis, and the research to which it refers, are the product of my own work, and that any ideas or quotations from the work of other people, published or otherwise, are fully acknowledged in accordance with the standard referencing practices of the discipline. I acknowledge the extensive support and expertise of my PhD supervisors, Professor Keith Laybourn and Professor John Shepherd, and the support, both in terms of fee remission and time off to research and write, from the University of Huddersfield. Doctor Yvonne Downs Novakovic gave invaluable support and advice as my research mentor, and my family was supportive throughout the process. I am grateful to all of them for the opportunity to study such a fascinating period of labour history. Any errors in this thesis are entirely my own.” The author of this thesis (including any appendices and/or schedules to this thesis) owns any copyright in it (the “Copyright) and s/he has given The University of Huddersfield the right to use such Copyright for any administrative, promotional, educational and/or teaching purposes. ii. Copies of this thesis, either in full or in extracts, may be made only in accordance with the regulations of the University Library. Details of these regulations may be obtained from the Librarian. This page must for part of any such copies made. Postgraduate Research Degrees: Guidelines for the submission for examination Page 6. iii The ownership of any patents, designs, trade marks and any and all other reproductions of copyright works, for example graphs and tables (“Reproductions”), which may be described in this thesis, may not be owned by the author and may be owned by third parties. Such Intellectual Property Rights and Reproductions cannot and must not be made available for use without the prior written permission of the owner(s) of the relevant Intellectual Property Rights and/or Reproductions. 2 CONTENTS Page Abstract .....................................................................................................................4 Table of abbreviations...............................................................................................6 Introduction................................................................................................................9 Chapter 1: The role of legislation in industrial relations....................................34 Chapter 2: A History of British Industrial Relations, Governments and the Royal Commission Report......................................................................................54 Chapter 3: The Royal Commission on Industrial Relations Report...................87 Chapter 4: “In Place of Strife: A policy for Industrial Relations” goes beyond Donovan..................................................................................................................157 9 Chapter 5: The Tory Threat turns to War over Industrial Relations Law..........2079 Chapter 6: The Rise of the Social Contract and other Alternatives to Legislation..............................................................................................................270 2 Chapter 7: Conclusion..........................................................................................3024 3 Chapter 8: A Final Word: Implications and suggestions for further research..................................................................................................................314 6 Bibliography...........................................................................................................318 20 4 ABSTRACT The Donovan Report (1965-1968) is often seen as one of the great failures in the overall attempt to deal with the thorny problem of the contentious nature of industrial relations in post-war Britain. This thesis re-examines that report and subsequent governmental responses, using numerous sources, many of which have barely been used by previous authors, in order to establish where it all went wrong. Such an examination is important to inform future governments on some of the problems of trying to legislate on industrial relations matters. This thesis addresses the central question addressed by the Report – the validity of employing legislation to deal with the problems within industrial relations, asking what contribution had legislation made to the ordering of industrial relations in the past, and what lessons future governments could take from that? Why did both the Labour Governments under Harold Wilson and the Conservative Government under Edward Heath choose to go beyond Donovan in their attempts to alter the role of the state in industrial relations? Finally, could the Industrial Relations Act 1971, had it survived, have been to the benefit of trade unions in time? This thesis suggests that legislation had an important role to play in the ordering of industrial relations, and that collective bargaining alone, although effective in many areas, was unable to address issues which had wider implications, such as those relating to health and safety or the reconciliation of differences due to the laws’ interference with trade unions’ rights to defend their members and their own collective rights. Both the Labour and Conservative Governments chose to go beyond the measures proposed by Donovan because economic and political necessity demanded a greater measure of control over strike action. However, the inquiry had undoubtedly focused the debate on whether or not legislation could ever be the most appropriate tool for controlling industrial relations, and therefore acted as a catalyst for the reforms that followed. The Industrial Relations Act 1971 failed to bring about the hoped-for industrial peace. Its repeal in 1974, however, did nothing to prevent further rises in strikes after 1974. Piecemeal legislation in the 1980s and 1990s did bring about a greater level of industrial peace, but this suggests that it was not legislation per se that was the wrong strategy for controlling industrial relations, but rather the method and pace of 5 implementation. Other means of maintaining industrial peace were experimented with and could have been successful if the political will had been there and the unions and employers had engaged more fully, but the seeds had been sown for legislative control and it was impossible to hold back the tide of restrictive legislation which followed these early forays into the concept of law as a means of controlling industrial relations. The Donovan Report did indeed represent the thin end of the legal wedge and opened the floodgates to the many enactments designed to control and emasculate the trade union movement which the Conservative governments of the 1980s and early 1990s were able to introduce. The collective failures of the Donovan Report, In Place of Strife and the Industrial Relations Act to bring about industrial peace were, however, only indicative that legislation was not the most appropriate means of achieving this goal at this particular point in time. Alternative attempts to reduce strikes and engage trade unions in closer working relationships with employers and their associations, and with the government, did meet with some success in the 1970s and may be usefully attempted again in the future. This will, however, depend on whether government is able to keep an open mind on the utility, or perhaps futility, of legislative controls such as those attempted in the years between 1965 and 1975. 6 TABLE OF ABBREVIATIONS ACAS Advisory Conciliation and Arbitration Service AESD Association of Engineering and Shipbuilding Draughtsmen AEF Amalgamated Union of Engineering and Foundry Workers AEU Amalgamated Engineering and Electrical Union AUEW Amalgamated Union of Engineering Workers ASLEF Associated Society of Locomotive Engineers and Firemen ASTMS Association of Scientific, Technical and Managerial Staffs BJIR British Journal of Industrial Relations CAC Central Arbitration Committee CAS Conciliation and Arbitration Service CBI Confederation of British Industry CIR Commission for Industrial Relations CSCA Civil Service Clerical Association DATA Draughtsmen’s and Allied Technicians’ Association DEP Department of Employment and Productivity EEF Engineering Employers Federation EPA Employment Protection Act 7 ETU Electrical Trades Union GMW General and Municipal Workers Union HSWA Health and Safety at Work Act ICR Industrial Cases Reports ILJ Industrial Law Journal ILO International Labour Organisation ILP Independent Labour Party IRA Industrial Relations Act IRLR Industrial Relations Law Reports IRJ Industrial Relations Journal ISTC Iron and Steel Trades Confederation IPOS In Place of Strife LRC Labour Representation Committee MFGB Mining Federation of Great Britain MLR Modern Law Review MPS Manpower and Productivity Service MSC Manpower Services Commission NALGO National Association of Local Government Officers NBPI National Board for Prices and Incomes 8 NEC National Executive Committee NEDC National Economic Development Council NIRC National Industrial Relations Court NUGMW National Union of General and Municipal Workers NUM National Union of
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