Industrial Action

Total Page:16

File Type:pdf, Size:1020Kb

Industrial Action inbrief Industrial action Inside What is industrial action? Is it lawful or unlawful? When is it protected? When can it be challenged? What can be done in practice? Contingency planning On the horizon inbrief Introduction What is industrial action? (which is not an employment contract with an employer who is not party to Economically turbulent times have seen an Industrial action is not defined in statute but, as the trade dispute), or interferes or increase in trade unions ‘flexing their a general guide, it amounts to concerted action induces another to interfere with its taken to put pressure on an employer. It performance or muscles’ by way of industrial action. This includes strikes and actions short of a strike Inbrief outlines the law in this area and gives such as picketing, work-to-rule, go-slow and a > consists in threatening that a contract employers practical tips for responding to ban on call-out. (which is not an employment contract with an employer who is not party to and avoiding conflicts. Whether actual or threatened, industrial action the trade dispute) will be broken, its can be disruptive and costly. Employers, performance interfered with, or to however, are not powerless. There are many induce another to break the contract or ways either to challenge industrial action or to interfere with its performance minimise its impact. > if it amounts to an agreement, the Is it lawful or unlawful? agreement is to do or bring about When threatened with industrial action, an something which itself would not be employer can reap rewards by seeking to actionable in tort establish whether or not it is lawful. > if the action is picketing, it takes place at or Nearly all industrial action is potentially unlawful near the picket’s place of work (or, in the as it usually involves employees breaching their case of a union official only, at or near the employment contracts. The breach could be of place of work of an accompanying union an express term (e.g. employees on strike would member whom the official represents) and breach an express term which required a 9-5 is for the purpose only of peacefully working day), or a less obvious “implied” term obtaining/communicating information or (e.g. refusing to work overtime could breach an persuading others to work or abstain from implied term not to operate contract terms to working frustrate an employer's business). Unions, by calling for industrial action, will in turn be acting > the reason for the action is not the unlawfully by inducing employees to breach employment of (or failure to discriminate their contracts. against) a non-union member or a dismissal connected with unofficial action However, both unions and the employees who participate in industrial action can gain extensive > it is not for the purposes of requiring that protection against liability if they can show that work is done by union members (or non- the action has been called in compliance with a members) only, or that suppliers recognise, complex statutory balloting and notification negotiate or consult with a union, or regime. For the employer, identifying refusing to deal with suppliers/prospective shortcomings can provide useful bargaining suppliers on union membership grounds chips in union negotiations, and even a basis on which to stop the action in Court. The union’s acts will only be protected if, in addition, it has correctly balloted for the When is it protected? industrial action, and given proper notice to relevant employers, following statutory Industrial action is protected if the union has procedures. endorsed/authorised the action (and has not effectively repudiated it), and: When can it be challenged? > it is in contemplation or furtherance of a Industrial action can be challenged if it fails to narrowly defined trade dispute meet the above conditions. > the only reason why it is unlawful is because Shortcomings in balloting and notification the action is a tort (i.e. a legal wrong) that: procedures have historically provided the most fruitful source of legal challenges to industrial > induces another to break a contract action. Although recent judicial decisions have inbrief become more “union friendly” – suggesting such as media campaigns, supply-chain targeted > Lock-out: for example, if the complete that Courts will only grant an injunction to stop action, think-tanks, letter-writing and closure of a certain factory or office is a strike on the basis of shortcomings in the demonstrations, and it is often in this context required for health and safety reasons. A constituency balloted by the union if they are that torts may be committed. key risk is that non-participating employees satisfied that the union has acted in bad faith – may claim this amounts to a breach of the What can be done in practice... if the it still remains beneficial to scrutinise the employer’s obligations. legislation and assess whether the union has action is protected? complied. A non-exhaustive list of potential What can be done in practice... if the > Withhold pay: where employees have defects includes: action is not protected? breached their contract, employers can > Balloting members in circumstances where withhold pay. The amount withheld should > Injunctions: the most immediate course of the union knows those individuals cannot be a reasonable reflection of the work lost / action is usually an “interlocutory possibly be induced to strike (e.g. because damages caused. Employers should give injunction” (a temporary order that the union has information in its possession advance notice of why and how deductions industrial action should stop / must not take showing that they will have left are being made. Unless a contractual place), pending a full hearing at which the employment before the first date of any provision holds otherwise (and dependent court will decide whether or not it is lawful. strike action). on the employee’s normal working week Cases very rarely reach a full hearing, which and how they are paid), an employer will means the initial hearing is likely to serve as > Conversely, excluding from the ballot usually be able to deduct 1/260 of a full the effective final determination of the members who will be included in the strike time worker’s annual salary for every strike matter. call. day. Watch out for employees who obtain sick notes or are absent for other reasons > Damages: where industrial action is > Failing to provide sufficiently detailed or who could claim unlawful deductions from unlawful, as well as from employees, specific information to the employer about wages. employers may claim damages from the the employees who are to be balloted and union, limited to a statutory maximum induced to strike. > Refuse to accept partial performance: if (currently £250,000, depending on the employees fail to fully perform their number of union members). > Failing to notify the employer and those contract, employers can adopt an ‘all or balloted of the result as soon as reasonably nothing’ approach by refusing to accept > Dismissal: where industrial action is practicable after it is communicated (and partial performance. The key is to make it “unofficial” (i.e. employees are members of failing to provide certain categories of clear to workers that if they attend work, a union which has not endorsed/authorised information about the result). they are expected to complete all their the action, or has repudiated it), employees Moreover, industrial action is rarely standalone duties, and any partial performance of work have no right to claim unfair dismissal and may lead to illegal behaviour which leads to is on a voluntary basis, for which no unless the principal reason for the dismissal the loss of protected status. Picketing is a payment will be made. Implied acceptance was related to certain protected matters common example of action which can easily of partial performance, e.g. managers such as jury service, family, health and lead to trespass, harassment or assault. A giving out instructions, should be avoided. safety, working time, employee breach of contract can itself be a criminal representative, protected disclosure and/or > Dismissal: dismissal should be a last resort offence if done wilfully and maliciously knowing flexible working cases. If the industrial given the risks of tribunal claims and that serious injury, or danger to human life are action is official, but not protected, then damage to industrial relations. Where the probable consequences. dismissals which take place during a lock- action is protected, dismissal will be unfair if out or industrial action and do not relate to Encouraging others to participate can amount the reason is the industrial action, and the time off for dependants or the above to criminal behaviour where it involves dismissal takes places during a period of 12 protected matters, can only be found to be persistently following someone, or hiding weeks from the date the employee started unfair if the employee is re-engaged within someone’s tools, clothes or other property. participation in the industrial action (or three months, and/or the employer has not longer if a lock-out has taken place (see Various other unprotected torts may be dismissed all relevant workers. below) or the employee stopped action committed in connection with industrial action, before the 12 week period ended). If the > Withhold pay / refuse partial ranging from inducing breaches of statutory employee continues the industrial action for performance / lock-out: as is the case for duty, to defamation, to breaches of the 12 week period, the employer must protected action, if there is a breach of fundamental EU rights of the employer, and it take certain procedural steps to resolve the contract, employers can deduct pay, refuse can pay to be aware of these.
Recommended publications
  • Revolutionary Syndicalist Opposition to the First World War: A
    Re-evaluating syndicalist opposition to the First World War Darlington, RR http://dx.doi.org/10.1080/0023656X.2012.731834 Title Re-evaluating syndicalist opposition to the First World War Authors Darlington, RR Type Article URL This version is available at: http://usir.salford.ac.uk/id/eprint/19226/ Published Date 2012 USIR is a digital collection of the research output of the University of Salford. Where copyright permits, full text material held in the repository is made freely available online and can be read, downloaded and copied for non-commercial private study or research purposes. Please check the manuscript for any further copyright restrictions. For more information, including our policy and submission procedure, please contact the Repository Team at: [email protected]. Re-evaluating Syndicalist Opposition to the First World War Abstract It has been argued that support for the First World War by the important French syndicalist organisation, the Confédération Générale du Travail (CGT) has tended to obscure the fact that other national syndicalist organisations remained faithful to their professed workers’ internationalism: on this basis syndicalists beyond France, more than any other ideological persuasion within the organised trade union movement in immediate pre-war and wartime Europe, can be seen to have constituted an authentic movement of opposition to the war in their refusal to subordinate class interests to those of the state, to endorse policies of ‘defencism’ of the ‘national interest’ and to abandon the rhetoric of class conflict. This article, which attempts to contribute to a much neglected comparative historiography of the international syndicalist movement, re-evaluates the syndicalist response across a broad geographical field of canvas (embracing France, Italy, Spain, Ireland, Britain and America) to reveal a rather more nuanced, ambiguous and uneven picture.
    [Show full text]
  • Exodus General Idea of the Revolution in the XXI Century
    Exodus General Idea of the Revolution in the XXI Century Kevin A. Carson 2021 Contents Reviews 5 Abstract 6 Preface 7 Part One: Background 8 Chapter One: The Age of Mass and Maneuver 9 I. A Conflict of Visions .................................... 9 II. The Triumph of Mass in the Old Left .......................... 15 III. The Assault on Working Class Agency ......................... 42 IV. Workerism/Laborism .................................. 49 Chapter Two: Transition 52 I. Drastic Reductions in Necessary Outlays for the Means of Production . 52 II. The Network Revolution and the Imploding Cost of Coordination . 57 III. The Impotence of Enforcement, and Superiority of Circumvention to Resistance . 70 IV. Superior General Efficiency and Low Overhead .................... 74 V. Conclusion ......................................... 78 Part Two. The Age of Exodus 79 Chapter Three: Horizontalism and Self-Activity Over Vanguard Institutions 80 Introduction ......................................... 80 I. The New Left ........................................ 81 II. Autonomism ........................................ 90 III. The 1968 Movements and the Transition to Horizontalist Praxis . 98 IV. The Post-1994 Movements ................................ 100 Chapter Four: The Abandonment of Workerism 115 I. The Limited Relevance of Proletarianism in the Mass Production Age . 115 II. Technology and the Declining Relevance of Proletarianism . 116 III The Abandonment of Proletarianism by the New Left . 117 IV. The Abandonment of Workerism in Praxis . 127 Chapter Five: Evolutionary Transition Models 131 Introduction and Note on Terminology . 131 2 I. Comparison to Previous Systemic Transitions . 132 II. The Nature of Post-Capitalist Transition . 146 Chapter Six: Interstitial Development and Exodus over Insurrection 157 Introduction ......................................... 157 I. The Split Within Autonomism .............................. 159 II. The Shift From the Factory to Society as the Main Locus of Productivity .
    [Show full text]
  • Working to Contract and Working to Rule
    UCU dispute 2011 Working to contract and working to rule Guidance for UCU branches and members Starting on 10 October, 2011 the union is This is not straightforward. Academic contracts asking members to abide by the terms of are highly flexible and often vague. Local their contracts (including their obligation to agreements covering workload vary markedly. perform their duties in an efficient manner), but However, we have provided guidance in as to do no more than that; and in particular to: much detail as possible, as well as links to local contracts, agreements and policies below. l to work no more than their contracted hours where those hours are expressly General stated, and in any event not to exceed 1. What is the dispute about? the maximum number of hours per week The USS employers have imposed an stipulated in the Working Time Regulations inferior, two tier system which will see new starters receive much lower benefits; l to perform no additional voluntary duties, reduce protection of our pensions against such as out of hours cover, or covering for inflation and reduce the amount staff colleagues (unless such cover is contractu- receive if they are made redundant. ally required) The proposals have been opposed by l to undertake no duties in breach of health USS members in two referendums, and and safety policies or other significant by UCU members in two industrial action employer’s policies ballots, but the employers have insisted on imposing them without further negotia- l to set and mark no work beyond that work tion. which they are contractually obliged to set and/or mark The employers initially proposed to UCU that all staff should be placed on the in- l to attend no meetings where such atten- ferior 'career average' terms now to be dance is voluntary on the part of the offered to new starters.
    [Show full text]
  • Economic Case for Trade Unions New Economics Foundation (NEF) Is an Independent Think-And-Do Tank That Inspires and Demonstrates Real Economic Wellbeing
    Working for the economy The economic case for trade unions New Economics Foundation (NEF) is an independent think-and-do tank that inspires and demonstrates real economic wellbeing. We aim to improve quality of life by promoting innovative solutions that challenge mainstream thinking on economic, environmental and social issues. We work in partnership and put people and the planet first. Contents Summary 2 Introduction 4 1 The value of collective voice in the workplace 7 2 Declining union density has slowed economic development 24 3 Implications for policy 34 Conclusion 43 Appendices 44 List of figures, tables and explanation boxes 48 Endnotes 49 2 DiversityThe economic and Integration case for collective voice in the workplace Summary The UK has paid a heavy economic price for three decades of anti-union policy and law. If the recovery from the recession is to be placed on a secure footing, the status of trade unions as an essential part of sound economic policymaking must be restored. The share of wages in national income has declined across the developed world over the last thirty years. At the same time, and despite political rhetoric, growth in wage rates is significantly down on the levels achieved in the post-war period. For the UK, the boost provided by extraordinary levels of household debt created in the 2000s, and the consumption it fuelled, collapsed spectacularly during the financial crisis of 2008. These two facts are associated. Although wages are treated purely as a cost for businesses in conventional economics, where reductions in wages imply greater profits, and therefore more growth, this is only part of the story.
    [Show full text]
  • Does Labour Law Need Philosophical Foundations? (Introduction)
    Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2018 Does Labour Law Need Philosophical Foundations? (Introduction) Hugh Collins Oxford University All Souls College, [email protected] Gillian L. Lester Columbia Law School, [email protected] Virginia Mantouvalou University College London, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Labor and Employment Law Commons, Law and Philosophy Commons, and the Law and Politics Commons Recommended Citation Hugh Collins, Gillian L. Lester & Virginia Mantouvalou, Does Labour Law Need Philosophical Foundations? (Introduction), PHILOSOPHICAL FOUNDATIONS OF LABOUR LAW, HUGH COLLINS, GILLIAN LESTER & VIRGINIA MANTOUVALOU, EDS., OXFORD UNIVERSITY PRESS, 2018 (2018). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2534 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Introduction: Does Labour Law Need Philosophical Foundations? Hugh Collins,* Gillian Lester** and Virginia Mantouvalou*** Philosophical foundations of labour law is emerging as a new field of scholarship. As far as we know, a book on this subject has not yet been published, though in recent years several exploratory articles and book chapters have directly addressed the theme.1 In addition, some monographs that engage with philosophy have examined aspects of labour law such as dismissal, the statutory minimum wage, freedom of association, recognition of trade unions for the purpose of collective bargaining, and the right to work.2 Building on those initiatives, this collection of essays tries to develop a philosophical perspective on the subject of labour law as a whole.
    [Show full text]
  • Syndicalism and the Influence of Anarchism in France, Italy and Spain
    Syndicalism and the Influence of Anarchism in France, Italy and Spain Ralph Darlington, Salford Business School, University of Salford, Salford M5 4WT Phone: 0161-295-5456 Email: [email protected] Abstract Following the Leninist line, a commonly held assumption is that anarchism as a revolutionary movement tends to emerge in politically, socially and economically underdeveloped regions and that its appeal lies with the economically marginalised lumpenproletariat and landless peasantry. This article critically explores this assumption through a comparative analysis of the development and influence of anarchist ideology and organisation in syndicalist movements in France, Spain and Italy and its legacy in discourses surrounding the nature of political authority and accountability. Keywords: syndicalism, anarcho-syndicalism, revolution, unionism, France, Spain, Italy. Introduction Many historians have emphasised the extent to which revolutionary syndicalism was indebted to anarchist philosophy in general and to Bakunin in particular, with some - 1 - even using the term ‘anarcho-syndicalism’ to describe the movement. 1 Certainly within the French, Italian and Spanish syndicalist movements anarchists or so-called ‘anarcho-syndicalists’ were able to gain significant, albeit variable, influence. They were to be responsible in part for the respective movements’ rejection of political parties, elections and parliament in favour of direct action by the unions, as well as their conception of a future society in which, instead of a political
    [Show full text]
  • Michigan Laborlabor Law:Law: Whatwhat Everyevery Citizencitizen Shouldshould Knowknow
    August 1999 A Mackinac Center Report MichiganMichigan LaborLabor Law:Law: WhatWhat EveryEvery CitizenCitizen ShouldShould KnowKnow by Robert P. Hunter, J. D., L L. M Workers’ and Employers’ Rights and Responsibilities, and Recommendations for a More Government-Neutral Approach to Labor Relations The Mackinac Center for Public Policy is a nonpartisan research and educational organization devoted to improving the quality of life for all Michigan citizens by promoting sound solutions to state and local policy questions. The Mackinac Center assists policy makers, scholars, business people, the media, and the public by providing objective analysis of Michigan issues. The goal of all Center reports, commentaries, and educational programs is to equip Michigan citizens and other decision makers to better evaluate policy options. The Mackinac Center for Public Policy is broadening the debate on issues that has for many years been dominated by the belief that government intervention should be the standard solution. Center publications and programs, in contrast, offer an integrated and comprehensive approach that considers: All Institutions. The Center examines the important role of voluntary associations, business, community and family, as well as government. All People. Mackinac Center research recognizes the diversity of Michigan citizens and treats them as individuals with unique backgrounds, circumstances, and goals. All Disciplines. Center research incorporates the best understanding of economics, science, law, psychology, history, and morality, moving beyond mechanical cost/benefit analysis. All Times. Center research evaluates long-term consequences, not simply short-term impact. Committed to its independence, the Mackinac Center for Public Policy neither seeks nor accepts any government funding. It enjoys the support of foundations, individuals, and businesses who share a concern for Michigan’s future and recognize the important role of sound ideas.
    [Show full text]
  • Trade Unions and Labour Conflicts: Social Movement and Radical Political Unionism in France and Italy
    Italian Political Science, VOLUME 14 ISSUE 3, FEBRUARY 2020 Trade unions and labour conflicts: Social movement and radical political unionism in France and Italy Katia Pilati UNIVERSITY OF TRENTO Sabrina Perra UNIVERSITY OF CAGLIARI Abstract This article explores differences in labour conflicts in Italy and France by focusing on the characteristics of the most prominent structures of worker mobilization: trade unions. Despite several similarities between the French and Italian industrial relations systems, and despite the fact that trade union density in Italy is more than three times greater than it is in France, France is one of the few European countries in which the average strike volume increased after the Great Recession. Protests in France also peaked in the pre-crisis period, while Italy did not show any wave of contention. We contend that the nature and level of labour conflicts observed in the two countries in the last two decades depend on alliances between trade unions and other social groups and organ- izations sustaining worker mobilization, specifically, social movement organizations. In particular, we argue that labour conflicts are related to the characteristics of social movement unionism. Evidence from cases studies in France and Italy suggests that the role of trade unions and their alliances has been different in the two countries. Confederal trade unions in France have been able to engage in social movement unionism within broader coa- litions involving other social categories and social movement organizations. In contrast, in Italy, these dynamics have mostly involved small rank-and-file unions and self-organized workers’ groups engaged in radical political unionism.
    [Show full text]
  • Does Strike Action Stimulate Trade Union Membership Growth? Hodder, Andrew; Williams, Mark; Kelly, John; Mccarthy, Nick
    University of Birmingham Does strike action stimulate trade union membership growth? Hodder, Andrew; Williams, Mark; Kelly, John; McCarthy, Nick DOI: 10.1111/bjir.12188 License: Creative Commons: Attribution-NonCommercial-NoDerivs (CC BY-NC-ND) Document Version Peer reviewed version Citation for published version (Harvard): Hodder, A, Williams, M, Kelly, J & McCarthy, N 2017, 'Does strike action stimulate trade union membership growth?', British Journal of Industrial Relations, vol. 55, no. 1, pp. 165-186. https://doi.org/10.1111/bjir.12188 Link to publication on Research at Birmingham portal Publisher Rights Statement: This is the peer reviewed version of the following article: Does strike action stimulate trade union membership growth? , which has been published in final form at 10.1111/bjir.12188. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving. General rights Unless a licence is specified above, all rights (including copyright and moral rights) in this document are retained by the authors and/or the copyright holders. The express permission of the copyright holder must be obtained for any use of this material other than for purposes permitted by law. •Users may freely distribute the URL that is used to identify this publication. •Users may download and/or print one copy of the publication from the University of Birmingham research portal for the purpose of private study or non-commercial research. •User may use extracts from the document in line with the concept of ‘fair dealing’ under the Copyright, Designs and Patents Act 1988 (?) •Users may not further distribute the material nor use it for the purposes of commercial gain.
    [Show full text]
  • Maintaining and Industrial Peace in the East Tennessee Copper Basin from the Great War Through the Second World War
    Georgia State University ScholarWorks @ Georgia State University History Dissertations Department of History 3-19-2010 Removing Reds from the Old Red Scar: Maintaining and Industrial Peace in the East Tennessee Copper Basin from the Great War through the Second World War William Ronald Simson Georgia State University Follow this and additional works at: https://scholarworks.gsu.edu/history_diss Part of the History Commons Recommended Citation Simson, William Ronald, "Removing Reds from the Old Red Scar: Maintaining and Industrial Peace in the East Tennessee Copper Basin from the Great War through the Second World War." Dissertation, Georgia State University, 2010. https://scholarworks.gsu.edu/history_diss/17 This Dissertation is brought to you for free and open access by the Department of History at ScholarWorks @ Georgia State University. It has been accepted for inclusion in History Dissertations by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. REMOVING REDS FROM THE OLD RED SCAR: MAINTAINING AN INDUSTRIAL PEACE IN THE EAST TENNESSEE COPPER BASIN, FROM THE GREAT WAR THROUGH THE SECOND WORLD WAR by WILLIAM R. SIMSON ABSTRACT This study considers industrial society and development in the East Tennessee Copper Basin from the 1890s through World War II; its main focus will be on the primary industrial concern, Tennessee Copper Company (TCC 1899), owned by the Lewisohn Group, New York. The study differs from other Appalachian scholarship in its assessment of New South industries generally overlooked. Wars and increased reliance on organic chemicals tied the basin to defense needs and agricultural advance. Locals understood the basin held expanding economic opportunities superior to those in the surrounding mountains and saw themselves as participants in the nation’s industrial and economic progress, and a vital part of its defense.
    [Show full text]
  • Precarious Work in Asia Pacific Has Been Identified by Trade Unions Across the Region As a Central Concern for Working People
    A 10 country study by The International Trade Union Confederation (ITUC) and ITUC Asia-Pacific 2014 Asia Pacific Region Precarious work in the work Precarious FOREWARD ..........................................................................................................................................5 INTRODUCTION ....................................................................................................................................7 COUNTRY PROFILES ...........................................................................................................................13 Australia .............................................................................................................................................14 Cambodia ...........................................................................................................................................19 Indonesia............................................................................................................................................23 Japan .................................................................................................................................................29 Contents Korea, Republic of ...............................................................................................................................37 Nepal .................................................................................................................................................47 New Zealand ......................................................................................................................................52
    [Show full text]
  • Effect of the Public Interest on the Right to Strike and to Bargain Collectively Oscar S
    NORTH CAROLINA LAW REVIEW Volume 27 | Number 2 Article 2 2-1-1949 Effect of the Public Interest on the Right to Strike and to Bargain Collectively Oscar S. Smith Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Oscar S. Smith, Effect of the Public Interest on the Right to Strike and to Bargain Collectively, 27 N.C. L. Rev. 204 (1949). Available at: http://scholarship.law.unc.edu/nclr/vol27/iss2/2 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. THE EFFECT OF THE PUBLIC INTEREST ON THE RIGHT TO STRIKE AND TO BARGAIN COLLECTIVELY* OSCAR S. SMTH** In March, 1948, President Truman for the first time invoked the emergency procedures of Title II of the Labor Management Relations Act.' The occasion for this action was a threatened strike of 17 Amer- ican Federation of Labor unions at one of the atomic energy plants in Oak Ridge, Tennessee. A Board of Inquiry, under the Chairmanship of John Lord O'Brien, was appointed to investigate and report the facts in the controversy. In its report this Board found six issues of prime importance in dis- pute. The first of these six prime issues had to do with a union demand for a contractual restriction on its freedom to strike at times of wage reopening or contract renegotiation.
    [Show full text]