CLOSING THE DOOR ON CLOSED-SHOP AGREEMENTS: LABOR LAW, TRADE UNIONISM, AND THE RIGHT TO FREEDOM OF ASSEMBLY AND FREEDOM OF ASSOCIATION UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS

JONATHAN L. BLACK-BRANCH

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DOI: 10.2190/BJV6-UPPY-PJQ9-W0NY

Abstract

The primary purpose of this article is to examine a court case from 1981 that served as one component in a series of events that led to the eventual dismantling of unionism in Britain. In particular, a court case was launched to challenge the then-Labour Government's pro-union stand of mandatory union membership under a closed-shop policy. Aside from examining the particulars of the case itself, this article focuses on the wider position of trade union activities in Britain at large. Discussion begins with a brief synopsis of the legal status of unions in the United Kingdom followed by the case that led to an adverse ruling by the European Court of Human Rights.

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