During the early 1860s, a new form of trade union organisation emerged, namely the Trades Councils. These bodies attempted to draw trade unions in a certain locality under the umbrella of a single representative council. Promoted by the need for solidarity in the building workers’ dispute of 1859-60, the London Trades Council was formed. Other cities and towns then followed this example. Periodically, Trades Council conferences were called in an attempt to further unify this movement. In 1864, for example, Alexander Campbell of the Glasgow Trades Council called a national trade union conference to oppose the anti-working class Master and Servant Act, which had become a burning issue. Under this legislation, strike action deemed in breach of contract remained a criminal offence, while a lockout by masters was not. Over the previous twelve months prior to the conference, there were no fewer than 10,393 prosecutions for taking part in strikes; thousands of trade unionists were jailed for being in breach of the Act.
Such was the success of the conference that it was followed by a second in 1866 (Sheffield) and a third in 1867 (London). In April 1868, the threat of further anti-union legislation spurred on the Manchester and Salford Trades Council – probably the most important Trades Council in the country – to propose a regular congress of trade unions. This became the starting-point for an annual event, which went down in labour history as the first official Trade Union Congress (TUC). At the gathering, a Parliamentary Committee was established to act as its co-ordinating leadership. In 1920, the Parliamentary Committee changed its name to General Council of the TUC. While this congress was received with great enthusiasm in the areas, the conservative “Junta” was extremely wary, fearing too much rank-and-file interference over their own union affairs. However, the government’s anti-union actions soon forced them to lend their authority to the newly established TUC – the better to keep it under control, than risk it falling into the hands of dangerous agitators.
Gladstone’s Acts of 1871 were a classical case of giving with the left hand and taking away with the right. While they served to protect trade union funds, they also served to hamstring the effective operation of the unions in other areas. While employers were free to do as they pleased, any peaceful attempt by workers to persuade others to strike was deemed “coercion” and deemed a criminal offence. Judges simply made it a criminal conspiracy to interfere with an employer’s “freedom of action” and conspiracy in restraint of trade.
The law was simply interpreted by judges to ensure that unions were constantly in breach. Under these conditions, which threatened their ability to operate, the trade unions had no alternative but to launch a determined fight to repeal the laws, and ensure “immunities” for damage. After all, business interests received their “immunities” – in the form of limited liability – in the 1856 Companies Act. So why not the trade unions?
On Whit Monday, 1873, a mass trade union demonstration was called. It was the opening shot of an astonishing campaign that was to force the Liberal government out of office and secure the repeal of both the Criminal Law Amendment Act and the hated Master and Servant Act. Under working-class pressure came new legislation in 1875 whereby “peaceful picketing” was made legal, and the old words of “coerce” and “molest” disappeared from British law altogether. Breaches of contract also became a civil matter, with no imprisonment or fines. All appeared wonderful! But it would not last.
While old offences were abolished by Parliament, judges responded by creating the civil law offence of conspiracy, for which employers could claim damages. The limited legal right to picket was virtually removed by judicial “interpretation” by which picketing became illegal “watching and besetting”. In South Wales seven women were imprisoned for saying “Bah!” to a blackleg! In Perthshire six shoemakers were imprisoned for simply “watching” a scab working during a dispute. In London, a strike of gas-stokers led to the prosecution of 500 men for breach of contract and their leaders for criminal conspiracy.
The trade unions are now in a similar legal position more than 100 years later. The “immunities” from liability for damage forced from the ruling class by the pressure of the labour movement were always under threat. Everything depended on the class balance of forces at a given time. With the attacks initiated by the Tories in the early 1980s, these immunities were largely removed by the employment acts of 1980 and 1982, and by the trade union act of 1984. These left trade unions prey to employers willing to use the one-sided advantages offered them by the Tory laws. To defend their rights, history has shown that trade unions have always had to break unjust class laws. As we will see, class action and the balance of forces always affect the way the law operates in practice.