The Gazette 1972

BOOK REVI EWS A Guide to the Industrial Relations Act 1971 by C. G. Heath; London, Sweet and Maxwell, 1971; 8vo; xx plus 256 pp.; £3 (paperback). An Introduction to Individual Employment Law by B. A. Hepple and Paul O'Higgins; London, Sweet and Maxwell, 1971; 8vo; xxiii plus 203 pp.; £2.25 (paper- back). Industrial Relations by R. J. Harvey; London, Butter- worth, 1971; 8vo; xvi plus 448 pp. (bound). As has been shown recently by the fine of £55,000 imposed upon the Transport and General Workers' Union by the Industrial Court for not preventing dockers in Liverpool Docks from refusing to handle container traffic, there is undoubtedly some element of sanctions in the new British Industrial Relations Act 1971. The trade unions have endeavoured to suggest that voluntary agreements between employer and wor- ker were at all times satisfactory. Yet there have been far too many frivolous strikes which have seriously affected the British economy, and this induced the Tory Government to pass this legislation, which is more in accord with continental practice. It is difficult to see why the Act produced such a hullaboloo amongst some unions who refused to register and why some of the larger unions have endeavoured quite unsuccessfully not to recognise the Industrial Court. Another useful function which the Court performed was to enforce a fourteen day cooling off period in the recent railway strike in England. It will be useful to summarise the English Industrial Relations Act 1971 which is complex, and contains 170 sections, and 9 schedules. The four guiding principles of the Act which will receive general approval are : (1) that collective bargaining ought in general to be freely conducted; (2) that there should be orderly pro- cedures for settlements of disputes; (3) that workers and employers should be able to associate freely in organisations effective to regulate relations between them; and (4) that workers should be secure, and pro- tected from unfair treatment at the hands of employers or anyone else. These principles will be elaborated in an industrial code, which will be admissible in evidence. Workers may or may not belong to a trade union and must pay contributions, if not to a union, then to a charity. No one can be refused employment on the ground that he is not a member of the union. In an agency shop situation, every member must be a member of the union, or pay a contribution in default. The Commission on Industrial Relations may arrange for a ballot to be taken to establish an agency shop, which will be set up if two-thirds vote in favour. Later on, in a second ballot, the agency shop agreement can be re- voked, if two-thirds subsequently vote againt it. A worker may now challenge what he considers to be an unfair dismissal before an Industrial Tribunal who must give an equitable award. Lack of capability or qualification, misconduct or incompatibility would be the main grounds justifying dismissal but only after a minimum employment of two years. An aggrieved party may also complain to the Industrial Court of an alleged unfair industrial practice like a strike or a lock-

out. At present most collective agreements are binding in honour only, but not in law. Henceforth all collec- tive agreements made in writing after the Act are binding as a legal contract unless the contrary is ex- pressed. There is an obligation on the parties to see that the terms are carried out, otherwise it will be for the Industrial Court to remedy any unfair industrial prac- tice. Where a procedure agreement is for any reason ineffective, the Minister of Employment, or the em- ployer or the trade union can make one or other of the following applications to the Court: (1) to have the procedure agreement imposed upon the parties, or (2) to set up a trade union—or a panel of trade unions— as a "bargaining agent" having sole negotiating rights with a specified employer. The Minister must first con- sult the parties and, if need be, refer the matter to the Court. The emphasis throughout is on conciliation, and the parties are encouraged to make effective voluntary arrangements. If conciliation fails, the Industrial Court can impose a legally enforceable procedure agreement, or name a union to have exclusive bargaining rights. Once an organisation is on the Register, it has to undergo the scrutiny of the Registrar. To be registered the rules of Natural Justice must apply to the discip- linary procedures of the unions and members should be entitled to take part in its affairs. No one should be penalised for not taking part in an unfair industrial action; specified details as to the rules are set out. Proper accounting systems must be employed, and the accounts must be audited annually. If these regulations are not complied with, the Registrar has power to ask the Court to remove the union from the Register. All organisations who register—employer and trade union—must be completely independent of outside control. The range of unfair industrial practices is consid- erably widened. One of these would be to induce a person to break a contract to which he is a party—or threaten him to do so. Another would be to take indus- trial action in support of an unfair industrial practice. Another would be to induce a third party not in a dispute to break a contract with someone who is in dispute. The Industrial Court can sit in divisions in any place it chooses. Each division will consist of a Lord Justice, and not more than four other independent per- sons experts in industrial law. As a superior Court of Record, it can commit for contempt. It will be an informal Court governed by rules of procedure but not by rules of evidence. In cases of discretion, the Court will make such orders as seem just and equitable. The remedies it can give are (1) a declaration of the parties' rights, (2) an award of compensation, and (3) an injunc- tion. Appeals on points of law will come before the Court of Appeal. The maximum amoung that can be awarded for compensation is £100,000, provided the union has a membership of more than 100,000 mem- bers. The Commission on Industrial Relations is an advisory body of from six to fifteen experts on industrial law who will advise the Minister and the Court if requested. It is asserted that no one can be made to go to work or to take part in industrial action if he does not want to do so. The Industrial Court has exclusive jurisdiction over collective agreements. Any actions 148