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R V Journeymen Tailors Of Cambridge
''R v Journeymen-Taylors of Cambridge'' (1721) 88 ER 9 is a labour law case, concerning the historical attitude of the common law to trade unions. It held that strike action amounted to an unlawful and criminal conspiracy. This attitude prevailed through the 19th century, until trade unions were made lawful by Parliament in the Trade Union Act 1871 and the Conspiracy, and Protection of Property Act 1875. The Trade Disputes Act 1906 confirmed unions' legality at common law once more, and now the position is reflected in international law, particularly the ILO Convention No 87 and 98. Facts A group of workers had founded the London Journeymen Tailors’ Union and held a strike the following year. In response, the Journeymen Tailors, London Act 1720 was passed. A case was brought that the union constituted an unlawful conspiracy. Judgment The court heard that the agreement would be contrary to the Journeymen Tailors, London Act 1720. It found, however, that it was unnecessary to ...
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Labour Law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforclabour law(legislature, regulatory, or judicial). History Following the unification of the city-states in Assyria and Sumer by Sargon of Akkad into a single empire ruled from his home city circa 2334 BC, common Mesopotamian standards for length, area, volume, weight, and time used by artisan guilds in each city was promulgated by Naram-Sin of Akkad (c. 2254–2218 BC), ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ...
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Trade Union Act 1871
The Trade Union Act 1871 (34 & 35 Vicc 31 was an Act of the Parliament of the United Kingdom which legalised trade unions for the first time in the United Kingdom. This was one of the founding pieces of legislation in UK labour law, though it has today been superseded by the Trade Union and Labour Relations (Consolidation) Act 1992. Background The Conservative Prime Minister, the Earl of Derby, set up a Royal Commission on Trade Unions in 1867. One worker representative was on the commission, Frederic Harrison, who prepared union witnesses. Robert Applegarth from the Amalgamated Society of Carpenters and Joiners was a union observer of the proceedings. The majority report of the Commission was hostile to the idea of decriminalising trade unions. Frederic Harrison, Thomas Hughes and the Earl of Lichfield produced their own minority report, recommending the following changes in the law: * Combinations of workers should not be liable for conspiracy unless it would be criminal if ...
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Conspiracy, And Protection Of Property Act 1875
The Conspiracy and Protection of Property Act 1875 (38 & 39 Vict c 86) is an Act of the Parliament of the United Kingdom relating to labour relations, which together with the Employers and Workmen Act 1875, fully decriminalised the work of trade unions. Based on an extension of the conclusions of the Cockburn Commission, it was introduced by a Conservative government under Benjamin Disraeli.Review of Governments, Labour, and the law in mid-Victorian Britain: the trade union legislation of the 1870s
, Mark Curthoys
The Act held that a trade union could not be prosecuted for act which would be legal if conducted by an individual. This meant that labour disputes were civil matters, not for consideration by
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Trade Disputes Act 1906
The Trade Disputes Act 1906 (6 Edw. 7 c. 47) was an Act of the Parliament of the United Kingdom passed under the Liberal government of Sir Henry Campbell-Bannerman. The Act declared that unions could not be sued for damages incurred during a strike. Its key reform was to add the famous words, now found in the Trade Union and Labour Relations (Consolidation) Act 1992, section 219, to the Conspiracy and Protection of Property Act 1875 that, "An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable." Law The immediate cause for the Act was a trio of cases in the House of Lords, which had for the first time imposed damages in tort on trade unions for going on strike. Previously, the legal status of trade unions as an "unincorporated association", was accepted to mean that they did not hav ...
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International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mut ...
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ILO Convention No 87
The Freedom of Association and Protection of the Right to Organise Convention (1948No 87is an International Labour Organization Convention, and one of eight conventions that form the core of international labour law, as interpreted by the Declaration on Fundamental Principles and Rights at Work. Content The Freedom of Association and Protection of the Right to Organise Convention comprises the preamble followed by four parts with a total of 21 articles. The preamble consists of the formal introduction of the instrument, at the Thirty-first Session of the General Conference of the International Labour Organization, on 17 June 1948. A statement of the "considerations" leading to the establishment of the document. These considerations include the preamble to the Constitution of the International Labour Organization; the affirmation of the Declaration of Philadelphia in regard to the issue; and the request by the General Assembly of the United Nations, upon endorsing the previously ...
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Journeymen Tailors, London Act 1720
A journeyman, journeywoman, or journeyperson is a worker, skilled in a given building trade or craft, who has successfully completed an official apprenticeship qualification. Journeymen are considered competent and authorized to work in that field as a fully qualified employee. They earn their license by education, supervised experience and examination. Although journeymen have completed a trade certificate and are allowed to work as employees, they may not yet work as self-employed master craftsmen. The term "journeyman" was originally used in the medieval trade guilds. Journeymen were paid daily and the word "journey" is derived from ''journée'', meaning "whole day" in French. Each individual guild generally recognised three ranks of workers: apprentices, journeymen, and masters. A journeyman, as a qualified tradesman could become a master and run their own business, but most continued working as employees. Guidelines were put in place to promote responsible tradesmen, who ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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US Labor Law
United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There is no federal law, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Ret ...
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UK Labour Law History
The History of labour law in the United Kingdom concerns the development of UK labour law, from its roots in Roman and medieval times in the British Isles up to the present. Before the Industrial Revolution and the introduction of mechanised manufacture, regulation of workplace relations was based on status, rather than contract or mediation through a system of trade unions. Serfdom was the prevailing status of the mass of people, except where artisans in towns could gain a measure of self-regulation through guilds. In 1740 save for the fly-shuttle the loom was as it had been since weaving had begun. The law of the land was, under the Act of Apprentices 1563, that wages in each district should be assessed by Justices of the Peace. From the middle of the 19th century, through Acts such as the Master and Servant Act 1867 and the Employers and Workmen Act 1875, there became growing recognition that greater protection was needed to promote the health and safety of workers, as well as ...
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US Labor History
The labor history of the United States describes the history of organized labor, US labor law, and more general history of working people, in the United States. Beginning in the 1930s, unions became important allies of the Democratic Party. The nature and power of organized labor is the outcome of historical tensions among counter-acting forces involving workplace rights, wages, working hours, political expression, labor laws, and other working conditions. Organized unions and their umbrella labor federations such as the AFL–CIO and citywide federations have competed, evolved, merged, and split against a backdrop of changing values and priorities, and periodic federal government intervention. In most industrial nations, the labor movement sponsored its own political parties, with the US as a conspicuous exception. Both major American parties vied for union votes, with the Democrats usually much more successful. Labor unions became a central element of the New Deal coalition ...
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