Metadata
WORK ID: NEFA 13406 (Master Record)
Title | Year | Date |
LABOURING UNDER THE LAW: THE FIGHT FOR UNION RIGHTS | 1983 | 1983-01-01 |
Details
Original Format: 16mm Colour: Colour Sound: Sound Duration: 59 mins 58 secs Credits: Jim Fowler, Betty Hutchinson, Billy Hutchinson, Mary McCann Scott, Dave Napthine, Eric Nicholson, Ellen Phethean, Klemens Veth, Dennis Cullen, Graham Denman, Elaine Drainville, Max Gottlieb, Pete Roberts, Witold Stok, Charles Titchmarsh, Pete Woodhouse, Ivan Sears, Fiona McPherson, Keith Morris, John Sylvester, Helen Walker Genre: Political Subject: Industry Politics |
Summary Produced by Trade Films, an examination of the history of trades union legislation from the repeal of the Combination Acts in 1824 to the 1982 Employment Act. The film features several interviews with leading union figures of that time including George Arnold from the Amalgamated Union of Engineering Worker, Labour lawyer Lord Wedderburn, Albert Booth Minister for Employment 1974-79 and Bernie Steer from the Transport and General Workers' Union. |
Description
Produced by Trade Films, an examination of the history of trades union legislation from the repeal of the Combination Acts in 1824 to the 1982 Employment Act. The film features several interviews with leading union figures of that time including George Arnold from the Amalgamated Union of Engineering Worker, Labour lawyer Lord Wedderburn, Albert Booth Minister for Employment 1974-79 and Bernie Steer from the Transport and General Workers' Union.
Title: Eleventh Hour
Title: A Trade...
Produced by Trade Films, an examination of the history of trades union legislation from the repeal of the Combination Acts in 1824 to the 1982 Employment Act. The film features several interviews with leading union figures of that time including George Arnold from the Amalgamated Union of Engineering Worker, Labour lawyer Lord Wedderburn, Albert Booth Minister for Employment 1974-79 and Bernie Steer from the Transport and General Workers' Union.
Title: Eleventh Hour
Title: A Trade Films Production
Title: Labouring Under the Law. The Fight for Union Rights
Title: Part One: “ The most dangerous institutions…”
Wednesday 22nd September 1982 and a protest march by members of the National Union of Public Employees (NUPE) and the Transport and General Workers’ Union (T&G) through central London in support of the National Health workers. Many of those marching are nurses and other hospital staff. Walking behind banners groups of people arrive on a large field, on a stage delegates makes protest speeches. A man throws protest signs onto a large pile.
Title: Since they came to power in 1979, the Tories have passed laws to:
Allow employers and the courts to plunder union funds…
Outlaw many kinds of industrial action by re-defining a Trade Dispute…
Threaten union members and officials with imprisonment…
Encourage employers to victimise strikers…
Make political strikes, and most sympathy strikes unlawful…
Encourage judges to intervene in industrial disputes, and decide when a strike is lawful…
Attack picketing rights…
Abolish any closed shop with less than 80% support in a secret ballot…
Allow dismissed ‘free-riders’ to claim from union funds…
Outlaw ‘union only’ subcontracting…
Interfere with union rule books…
Severely undermine rights and welfare at work
A group NUPE shop stewards from North Tyneside gather in a room as part of a day school to discuss the Tories new Employment Act also known as Tebbit’s law after its creator Norman Tebbit then Secretary of State for Employment under Margaret Thatcher. One member is disgusted by this new law and links its creation to the Tories taking advantage of more than three million currently unemployed to attach the unions. He goes onto talk about what his members will lose if the bill should become law.
At the Tory Party conference delegates on the feet applauding those on the front stage changes to an interview with George Arnold from the Amalgamated Union of Engineering Workers (AEU) who talks about the threat this new law will have on union funds changes to Labour lawyer Lord Wedderburn who describes this new law as a new type of law where there is no deal to be made through collective bargaining. Albert Booth, Minister for Employment 1974-79 sees the law as breaking down the assumption of a proper relationship between the government, the unions and the employers. Bernie Steer from the T&G union sees Tebbit’s law as another example of anti-trade union and class laws but done in a more subtle way.
A man and woman who will feature throughout this film sit around at a table surrounded by books with ‘Fight Tebbit’s Law’ posters hanging on the wall. The man looks up from his book and explains that unions have through their history been attached by both employers and the state. The woman explains that this film will look at some key points in union history particularly where laws have affected union activity.
Title: 1824-1834. The Struggle against Illegality
Through a series of monologues, the couple featured perform as various characters linked to union struggles between 1824 and 1834. Still images from that period are also used alongside voice-overs featuring important characters and political figures from that time. Another actor performs as a television news reader reporting on the conviction of Tolpuddle Martyrs in 1834.
Title: Economic Crisis Unemployment Grows!
1834-1848. The Road to Revolution?
The two presenters take on various roles and alongside contemporary pictures and photographs tell the story of the Chartist assembly on Kennington Common on the 10th April 1848.
Title: 1848-1875 Years of Prosperity
A series of contemporary drawing are used to show Britian booming trade and the early unions being formed for only skilled and well-paid workers and the starting of the Trade Union Congress in 1868. Two men walking across a large lawn, in voice-over the men talk about co-operation rather than fighting. The woman appears and complains that this ‘New Model Unions’ which left out the majority of un-skilled workers.
Title: 1871 The Great Trade Union Act
Two actors representing both the Liberal government and trade unions recreate the new legal frameworks for trade unions against the courts.
Title: 1875 The Great Conspiracy and Protection of Property Act
An image of a man at the dispatch box inside the House of Commons, a voice-over provides details of new Torie union protections and the allowing pickets. Lord Wedderburn explains the importance of this new law that gave unions an immunity and protection principles of common law that would have made protection them against the likes of criminal conspiracy.
Title: Crisis of Overproduction! Foreign Competition hits British Profits! Many Jons to Go!
1885
A man reads an excerpt from a document written by the German philosopher and political theorist Frederick Engels on unions and poverty in the East End of London.
Title: 1888 The Matchgirls at Bryant and May in the East End of London go on Strike
Standing in profile a woman reads an extract of letter or article written by Annie Bessett about the work that was done to help the Matchgirls during their dispute and to establish the Matchmakers Union.
Title: 1889 100,000 Dockers Win their Strike for 6d an Hour
In profile a man reads an extract from a letter from John Burns relating to the Docker’s strike and its outcome intercut with archival images from the dispute. The man seen previously reading a letter from Frederick Engels reads a second excerpt on the formation of unions.
A man dressed as a 19th century business owner step down from of large house looking down on the viewer talking about the establishment of Employers Federations to tackle the growing influence of unions and the 1871 The Great Trade Union Act.
With a voiceover providing details of the Taff-Vale case from 1900 general views of Rowley Station and signal box at Beamish Museum followed by Lord Wedderburn providing his legal opinion on the decision and the consequences to the unions.
Back in their office, the two presenters explain how Tebbit’s law has resurrected the ghost of the Taff-Vale decision by allowing employers to sue unions for damages and how judges who interpret the law are out of touch with unions and the working-class. Returning to the NUPE shop stewards workshop a group of them sit around a table discussing the disconnect between judges and themselves and their members and being biased towards employers.
Title: The Fightback through Parliament
Archive footage of the Palace of Westminster at the end of the 19th century changes to photograph of Scottish trade unionist Kier Hardie who fought for the TUC to support independent parliamentary candidates, moving away from supporting the Liberal party to the newly formed Labour party.
Title: General Election, 1906
The female presenter dressed in an Edwardian costume stands beside a Sunderland Parliamentary Election poster. She talks about the General Election of 1906, the connection to the Taff-Vale decision and the new support for the Labour movement. The male presenter also in an Edwardian outfit discusses the changes that were made by the elected Liberal government under Henry Campbell-Banerman and a move towards overturning the Taff-Vale decision. Standing beside an overhead project with images of some of the characters being discussed, the woman provides details of the pushback from the House of Lords to a new bill entitled the Trades Disputes Act 1906 which would protect union funds, restore legal picketing and protect unions from civil prosecting.
Title: 1910-1914 Years of Conflict
Archive footage features soldiers or police at a coalmine and horse-drawn wagons being driven in a convoy along a road. An actress in Edwardian costume stands outside one of the cottages in the 1900 Pit Village at Beamish Museum, she talks about the poor conditions to those living in the village and how people here aren’t interested in parliament rather only the union who would support and help them.
Title: Part Two “Can we live with unions of this strength…?”
Archive footage and images related to the General Strike of 1926 with a female voiceover providing details of the dispute and how both the unions, TUC and government were prepared and how the failure of the dispute led to the formation of the Trades Dispute and Trades Union Act 1927 by Stanley Baldwin’s Tory government. Returning to the office, the female presents sees similarities between this law and the current Employment Act 1982.
Nurses and other hospital staff continue to march through central London as part of the National Health Service dispute, many chanting ‘Maggie, Maggie, Maggie, Out, Out, Out!’. In voiceover members of the NUPE shop stewards workshop discuss how Tebbit’s law would have affected this strike taking powers away from the unions and to destroy their solidarity.
More archival footage highlights the years following 1927 that included mass unemployment and weakened unions. Archive of protesting is London and of the Jarrow March in October 1936 are mixed with those of miners picking scraps of coal from a slagheap. Again, in voiceover a member of the NUPE shop stewards workshop talk about history repeating itself with Margaret Thatcher’s government.
Title: 1944 The Tyneside Apprentice Strike
Interview with Jack Rawlings, former member Independent Labour Party who talks about the 1944 Tyneside Apprentice Strike where the Trades Dispute and Trades Union Act 1927 was used during the dispute. It is the only time it was ever used.
Archive footage of Clement Attllee accepting the position of Prime Minister following the Labour victory in 1945 and a photograph of his cabinet. In voiceover the woman presenter explains that while the Labour government did repeal the Trades Dispute and Trades Union Act 1927, they went no further in repealing other wartime laws banning strike. Interview with Albert Booth who defends the government’s stance.
Over relevant still images the male presenter provides details on the post war years and the open union involvement in the state including working with Tory government of Winston Churchill in 1951. Returning to Lord Wedderburn, he talks about how unions had changed after the war with a growing ‘strength at the base’ and becoming more ‘democratic’. He goes onto talk about the effect the House of Lords judgement in the Rookes and Barnard case in 1964 had upon the unions.
Archive stills of Harold Wilson’s 1964 Labour government with the male presenter in voiceover talking about their efforts to overturn this judgement by bringing a new law in to project the union. More stills of the Royal Commission on Trade Unions and Employment , also known as the Donovan Commission, which looked at trade union reform. Returning to Lord Wedderburn, he provides details on the growing problems the unions had in this decade from the rising middle-class who were asking can they live with unions of this strength.
A photograph of Barbara Castle, Secretary of State for Employment and Productivity, holding a copy of the white paper ‘In Place of Strife’, the Labour government's response to the Donovan Commission. George Arnold from the AEU talks about his disappointment with Labours response as it could lead to legislation against trade unions. Over still images of Harold Wilson, a voice over of a man reading a speech by Wilson explaining why this bill was important. Interview again with Albert Booth who did not support this bill, he explains why.
More still images of Harold Wilson with voiceover explaining that the bill was eventually withdrawn leading to disillusionment with many party members and the victory of Edward Heath and the Tory government in the General Election of 1970. More still are used to help illustrate these points.
Archive of a protest march against The Industrial Relations Act 1971 introduced by Robert Carr, then Secretary of State for Employment. George Arnold talks about the work his members did in raising awareness of the bill and why he saw as being much more extreme and hurtful than what was proposed by the previous Labour government.
With the bill becoming law the film looks at the National Industrial Relations Court which was specially set up to deal with unions headed by judge Sir John Donaldson who features in several archival stills. Interview with Bernie Steer from the Transport and General Workers Union about how the new court was used against his union during a dockworkers dispute. More archival stills with Bernie Steer talks about the Pentonville Five, five shop stewards who were arrested and imprisoned by the National Industrial Relations Court for refusing to obey a court order to stop striking, and the outcry from other trade unions that lead to a national strike demanding their release.
One of those attending the NUPE shop stewards workshop back on North Tyneside talks about his unions involvement in this dispute led by the TUC to ‘break this bill’ and this is what they should do for Tebbit’s bill. Other in the group talk about the importance of such action and why it was important. George Arnold talks about the actions by the Amalgamated Union of Engineering Workers when they were next targeted by the Industrial Relations Act, he talks about his members standing strong.
Following an image of Harold Wilson who returned as Prime Minister in 1974, Lord Wedderburn talks about the work the Labour government did to repeal the Industrial Relations Act and why this was important. He goes onto provide details about several legal challenges in the court of Labour’s new legislation.
Photograph of Conservative MP James Prior who under Margaret Thatcher’s 1979 government was Secretary of State for Employment. In voiceover details are given of his employment act that would curb trade union powers. However, the image changes to that of Norman Tebbit whom the voiceover explains was more in tune to Margaret Thatcher’s thinking leading to the Employment Act 1982. Over still of Margaret Thatcher with her cabinet, Lord Wedderburn explains that this Tory government is a ‘market orientated administration which consider unions as obstacles to competition’. He provides further details which he considers very dangerous. Bernie Steer asks for more action to be taken and is critical of the TUC for not doing more prior to legislation becoming effective.
Over a montage of protests and marches featured in the film, the film concludes by stating the importance of the working class being united in defence of the unions. It goes onto state that the greatest changes unions face is transforming themselves into organisation for social change.
Credit: Cast Jim Fowler, Betty Hutchinson, Billy Hutchinson, Mary McCann Scott, Dave Napthine, Eric Nicholson, Ellen Phethean, Klemens Veth
Crew Dennis Cullen, Graham Denman, Elaine Drainville, Max Gottlieb, Pete Roberts, Witold Stok, Charles Titchmarsh, Pete Woodhouse
Solidarity Song. Music by Hans Eisler, words by Bertold Brecht
Arranged and played by Ivan Sears, Fiona McPherson, Keith Morris, John Sylvester, Helen Walker
Title: We would like to thank Andy McSmith, George Cossey, Derek Stubbs, Mike Leedham, Stanley Forman, Mike Abrahams, Keith Pattison, John Sturrock, Todd Nicol, Chris Davies, Geoff Shears, Romano Cagnoni
The Trade Union Congress, The Labour Party, Beamish North of England Open Air Museum, National Union of Public Employees, Bristol Freeprop, Tyne and Wear Archives, National Film Archive, EMI/Pathe Film Library, Network, Report, Popperfoto, Newcastle City Libraries
Trade Films gratefully acknowledge financial support from Channel Four and the British Film Institute. Made under the auspices of the A.C.T.T. Workshop Declaration
End title: A Trade Films Production copyright 1983
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