Partington v N.A.L.G.O.
| Jurisdiction | Scotland |
| Judgment Date | 19 December 1980 |
| Date | 19 December 1980 |
| Docket Number | No. 31. |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Allanbridge.
Trade unionPowers and liabilityUnion rulesExpulsion of memberUltra viresConstruction of union rulesConstruction of agreement between employer, union and employeeWhether decision to expel voidJudicial reviewWhether court entitled to interfere with decision of domestic tribunal to decide question of construction as a matter of lawWhether remedy available from court before remedies of domestic tribunal exhausted.
On 5th December 1977 13 wages and salaries clerks employed by Scottish Gas in Edinburgh went on official strike. On 10th March 1978 Scottish Gas dismissed the clerks still on strike. After a ballot of the members of the Edinburgh branch of N.A.L.G.O. for a strike in support of the dismissed clerks the branch executive committee issued an instruction to all members to strike. In obedience to that instruction the pursuer went on strike.
Among the terms of employment of the pursuer with Scottish Gas was an agreement on trade union membership to which N.A.L.G.O. was a party, para. 10 of which stated that the trade unions recognised that Scottish Gas had a special duty and statutory obligation to protect the safety of the public and to maintain a safe system of gas supplies; and that it was the responsibility of Scottish Gas to determine the necessary arrangements to ensure safety. Para. 10 went on to state that in the event of industrial action the trade unions and employers would have prior discussions about those arrangements and to reach agreement whenever possible on the employees required to provide the safety arrangements and to whom the trade unions would grant special dispensation. Rule 67 (b) of the constitution and rules of N.A.L.G.O. provided that instructions to members to take industrial action was binding upon each member save insofar as any member was made exempt by the instruction itself or by an authorised union official. Rule 12 (a) provided that a member who disregarded any regulation issued by the branch, or was guilty of conduct which, in the opinion of the executive committee, rendered him unfit for membership, was liable to expulsion. The rule went on to set out the procedure for dealing with a charge under the rule and providing for a right of appeal to a branch general meeting or to the National Executive Council.
A meeting held between Scottish Gas and N.A.L.G.O. on 27th March 1978 did not reach agreement on the provision of safety arrangements under para...
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