G. & J. Rae, Ltd v. Plate Glass Merchants' Association, and Others [1919] ScotLR 315 (18 March 1919)

G. & J. Rae, Ltd v. Plate Glass Merchants' Association, and Others [1919] ScotLR 315 (18 March 1919)

The court has no jurisdiction to entertain an action seeking to prevent enforcement of a penalty imposed by a trade union under its rules, as such proceedings are excluded by section 4 of the Trade Union Act 1871, regardless of whether the action is framed affirmatively or negatively, and regardless of disputes over the construction of the rules or the timing of membership.

Citation
[1919] ScotLR 315
Parties
Pursuer: G. & J. Rae, Limited; Defender: Plate Glass Merchants' Association, and Others
Jurisdiction
Scotland
Judgment Date
18 March 1919
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
appeal dismissed
Legal Topics
Trade Union Jurisdiction, Enforcement of Penalties, Membership Disputes, Interpretation of Trade Union Act 1871
Labour Law Contract Law Trade Union Jurisdiction Enforcement of Penalties Membership Disputes Interpretation of Trade Union Act 1871

Case Brief

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Parties

G. & J. Rae, Limited

Pursuer

Plate Glass Merchants' Association, and Others

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain an action seeking to prevent enforcement of a penalty imposed by a trade union under its rules.
  2. 2 Whether section 4 of the Trade Union Act 1871 excludes such actions from the jurisdiction of the courts.

Ratio Decidendi

The court has no jurisdiction to entertain an action seeking to prevent enforcement of a penalty imposed by a trade union under its rules, as such proceedings are excluded by section 4 of the Trade Union Act 1871, regardless of whether the action is framed affirmatively or negatively, and regardless of disputes over the construction of the rules or the timing of membership.

Court Disposition

appeal dismissed

Orders

  • Appeal refused.
  • Interlocutor of the Sheriff affirmed.