Smith v. Scottish Typographical Association [1918] ScotLR 46 (07 November 1918)

Smith v. Scottish Typographical Association [1918] ScotLR 46 (07 November 1918)

The action is incompetent because it is a legal proceeding instituted with the object of directly enforcing an agreement between trade union members concerning the conditions on which members shall be employed, which is expressly barred by section 4 of the Trade Union Act 1871. The court is precluded from entertaining such actions, regardless of whether the relief sought is declarator or interdict, as it would require the court to enforce the union's rules relating to employment conditions.

Citation
[1918] ScotLR 46
Parties
Pursuer: John Smith; Defenders: Scottish Typographical Association and others
Jurisdiction
Scotland
Judgment Date
07 November 1918
Procedural Posture
Civil Appeal / Appeal From Sheriff to Court of Session Inner House, First Division
Outcome
appeal dismissed; action held incompetent
Legal Topics
Trade Union Membership, Expulsion From Union, Enforcement of Union Rules, Jurisdiction Under Trade Union Act 1871
Labour Law Trade Union Law Contract Law Trade Union Membership Expulsion From Union Enforcement of Union Rules Jurisdiction Under Trade Union Act 1871

Case Brief

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Parties

John Smith

Pursuer

Scottish Typographical Association and others

Defenders

Procedural Posture

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

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain an action seeking to enforce trade union rules relating to conditions of employment under section 4 of the Trade Union Act 1871.
  2. 2 Whether the action is competent where the object is to enforce an agreement for the application of union funds to provide benefits to members.

Ratio Decidendi

The action is incompetent because it is a legal proceeding instituted with the object of directly enforcing an agreement between trade union members concerning the conditions on which members shall be employed, which is expressly barred by section 4 of the Trade Union Act 1871. The court is precluded from entertaining such actions, regardless of whether the relief sought is declarator or interdict, as it would require the court to enforce the union's rules relating to employment conditions.

Court Disposition

appeal dismissed; action held incompetent

Orders

  • Appeal dismissed.
  • Sheriff's interlocutor affirmed.