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14 Managerial L. 1 (1973)

handle is hein.journals/ijlm14 and id is 1 raw text is: HEATONS TRANSPORT (ST. HELENS) LTD. v. TRANSPORT AND
GENERAL WORKERS' UNION
CRADDOCK BROTHERS v. SAME
PANALPINA SERVICES LTD. AND ANOTHER v. SAME AND OTHERS
COURT OF APPEAL
Lord Denning, M.R., Buckley L.J. and Roskill L.J.
HEATONS TRANSPORT (ST. HELENS) LTD.
v. TRANSPORT AND GENERAL WORKERS' UNION
CRADDOCK BROTHERS v. SAME
PANALPINA SERVICES LTD. AND ANOTHER
v. SAME AND OTHERS
June 13, 1972
Industrial Relations - Unregistered trade union - Unpaid shop stewards elected by
fellow members with union authority to negotiate at local level with dock
employers - Shop stewards initiating campaign of blacking container lorries
after blacking by unregistered union knowingly inducing breaches of contract
made unfair industrial practice by statute - Industrial Court orders to union
to stop specified blacking - Union advice to shop stewards to obey court orders
rejected - Court finding union in contempt and liable to fines and to compen-
sate complainants for unfair industrial practices - Shop stewards agents, not
servants of union - Whether evidence of implied authority from union to agents
to black - Union not responsible for conduct of shop stewards acting outside
scope of express or implied authority - Industrial Relations Act, 1971 (c.72)
ss. 96(1), 101, 167(1) (9).
From 1967 registered dockworkers in the ports within the national dock labour
scheme who were members of the Transport and General Workers' Union Docks
Group elected shop stewards to whom the union delegated specific functions set
out in its rule book, including representing local members on matters affecting
their employment, but no express authority to take industrial action, that being
vested in the central executive bodies of the union. The shop stewards were not
paid by the union but by the port employers.
When the rapid development of stuffing and stripping goods in containers at
depots outside the port areas, where wages were lower, led to a dramatic fall-off of
jobs for registered dockworkers, the union supported the selective blacking of
container vehicles at ports within the scheme, a practice on the part of the union
which was lawful under the Trade Disputes Act, 1906; but when the Industrial
Relations Act, 1971, came into force in February, 1972, and the union deregistered,

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