| Hodgson v NALGO | |
|---|---|
.svg) | |
| Court | High Court |
| Citation | 1 WLR 130 |
| Court membership | |
| Judge sitting | Goulding J |
| Keywords | |
| Trade union, governance | |
Hodgson v National and Local Government Officers' Association 1 WLR 130 is a UK labour law case, concerning the governance of trade unions in the United Kingdom.
Facts
NALGO’s 1971 conference decided it opposed EEC entry unless it can be shown to be in Britain and the Community’s interests. But then the National Executive Committee of the union directed NALGO delegates to support a motion at the TUC annual conference for joining, or oppose motions against joining. Members of the Leeds branch sought an injunction because under the union constitution the conference ‘directed’ the ‘general policy’.
Judgment
Goulding J upheld the application. He noted it was not within an exception to Foss v Harbottle. But then he said that...
... should not be applied if the result may be to deprive the majority of an opportunity of carrying out their will. In other words, if the constitutional machinery of the body cannot operate in time to be of practical effect, the court, in my view, should entertain the suit of a member or members not supported by the association itself.
See also
| Sources on trade unions | |
|---|---|
| European Convention on Human Rights art 11 | |
| ILO Freedom of Association Convention (1948) C87 | |
| ASLEF v United Kingdom ECHR 184 | |
| Lee v Showmen’s Guild of Great Britain 2 QB 359 | |
| Edwards v Halliwell 2 All ER 1064 | |
| Hodgson v NALGO 1 WLR 130 | |
| TULRCA 1992 ss 46-61 | |
| Ecclestone v National Union of Journalists IRLR 166 | |
| Breen v Amalgamated Engineering Union 2 QB 175 | |
| AB v CD IRLR 808 | |
| TULRCA 1992 ss 71-96 | |
| Paul v NALGO IRLR 413 | |
| Roebuck v NUM (Yorkshire Area) No 2 ICR 676 | |
| Esterman v NALGO ICR 625 | |
| Cheall v APEX 2 AC 180 | |
| TULRCA 1992 ss 62-65 | |
| see UK labour and trade unions |