Hodgson v NALGOA

Hodgson v NALGO
Court	High Court
Citation(s)	[1972] 1 WLR 130
Keywords
Trade union, governance

Hodgson v National and Local Government Officers Association [1972] 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

Goudling 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.

”

Sources on trade unions

European Convention on Human Rights art 11

ILO Freedom of Association Convention (1948) C87

ASLEF v United Kingdom [2007] ECHR 184

Lee v Showmen’s Guild of Great Britain [1952] 2 QB 359

Edwards v Halliwell [1950] 2 All ER 1064

Hodgson v NALGOA [1972] 1 WLR 130

TULRCA 1992 ss 46-61

Ecclestone v National Union of Journalists [1999] IRLR 166

Breen v Amalgamated Engineering Union [1971] 2 QB 175

AB v CD [2001] IRLR 808

TULRCA 1992 ss 71-96

Paul v NALGO [1987] IRLR 413

Roebuck v NUM (Yorkshire Area) No 2 [1978] ICR 676

Esterman v NALGO [1974] ICR 625

Cheall v APEX [1983] 2 AC 180

TULRCA 1992 ss 62-65

see UK labour and trade unions

UK labour law

Notes

References

External links

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