Saturday, March 23, 2013

Guilds and Modern Trade Unions: A History of Worker Rights

By Frank Leonard


Some people consider trade unions as like guilds, but not everybody. By overseeing training and the advancement of its member's careers, through the stages of apprenticeship, craftsman, journeyman all the way to master and grandmaster level, guilds were able to enrich the lives of their people. Their members consisted of groups of people from different professions, or people working in particular organizations.

The Kingdom of England imposed The Ordinance of Labourers in the middle of the 1300's. This outlawed collective bargaining. Then, the prohibition spread extensively, and as the writer Adam Smith points out, eventually existed in most countries. Pretty much everywhere this was illegal, with harsh penalties imposed, including execution, and these laws remained in effect until the middle of the 1800's. Adam Smith maintained that attempting to fix wages and prices should be illegal.

Nevertheless, unions were able to form and gain political leverage, ultimately resulting in widespread labour laws, which were a codification of the relationship between workers and businesses, and legalization of collective bargaining. This did not stop vehement opposition, however, as evidenced by The Tolpuddle Martyrs case. There's a theory about benefit societies put forth by historical researcher Bob James in Craft, Trade or Mystery, and these societies include trade unions, historical guilds and fraternities like The Oddfellows and the Freemasons.

Employees now enjoy the right to join a trade union or not. Nobody may be denied a job, or dismissed from employment, for either being a member of, or expressing the desire to be a member of, any trade union. Nor may workers be subject to these actions for refusal to join one. They may not be harassed, intimidated or ill-treated for any of these. The decision to join is that of the employee/applicant.

Additionally, employees enjoy the statutory right to work for, or further the agenda of, these trade unions, without retaliation or discrimination by employers, prospective or otherwise. This includes attending meetings, recruiting and fundraising. Naturally, these rights don't extend to requiring employees get paid for time spent on these actions, nor do they allow workers to use their scheduled working time, unless these times are approved by their boss.

Because taking negative action against people because of their union membership or activities is prohibited, legislators also outlawed blacklisting because it is used to facilitate such discrimination. Blacklisting is the process whereby employers take further action against workers beyond application rejection or termination by placing them on a list, to let other potential employers do likewise. Also, selling or supplying such lists is illegal.

Excluded from these universal rights is going on strike, or taking industrial action. You can still do these things, but only during certain circumstances, and these can be reviewed on the Trades Union Congress (TUC) website.

In conclusion, participation in trade unions is a legally protected right, but it hasn't always been this way. A great source for further information, including unions you can join, is the TUC (or Wales TUC) website.




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