“United to Support But Not Combined to Injure”

Abstract

The declaration of intent forming the title of this article – united to support but not combined to injure– succinctly illustrates a dilemma that confronted trade unions in Britain in the early nineteenth century, and that has since re-surfaced periodically. Successful trade unionism necessarily requires collective action, whether of an overt form, as during an industrial dispute, or implicitly, as in the enforcement of a closed shop. Not infrequently, though, the claims of solidarity and collective interest run counter to the rights of individuals: of employers, fellow workers and third parties. The intervention of the law provides an added twist to the potential conflict between the individual and the group. While the individual has traditionally enjoyed generous legal protection so that he can conduct his lawful business unhindered, the recognition of collective rights has been hesitant and qualified. The Conspiracy and Protection of Property Act of 1875 and the Trades Disputes Act of 1906 effectively legalized peaceful picketing, but the relationship of criminal law and trade unions remained uneasy despite the rarity of prosecutions for offences such as conspiracy. Nevertheless, during the century and a half since 1825 there has been a progressive tendency – at least until the 1980's – for the contradiction between collective and individual interest to assume a relatively muted and non-violent form. The emergence of institutionalized industrial conflict was a logical consequence of British trade unions achieving a position of respectability in the established order.