Lords to decide: are unions responsible for stewards?
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• Road transport's "Three Musketeers" — Heatons, Craddock Bros and Panalpina — arc to appeal to the House of Lords in an attempt to reverse last week's Appeal Court judgment on the responsibility of the Transport and General Workers' Union for the actions of its shop stewards.
The case is expected to come up on July 10 and a lengthy hearing seems probable. The Appeal Court, reversing the decision of the National Industrial Relations Court, ruled that the TGWU was not responsible for the actions of the shop stewards leading the blacking of container lorries at Hull and Liverpool.
Heatons Transport (St Helens) Ltd reckon that their share of the full costs of the complete action, allowing for the appeal to the Lords, may run to £10,000. Joint managing director Mr Robert Heaton Snr, admitted this week that some of those concerned in the actions estimated the total costs to each firm would run to twice this amount.
The Road Haulage Association told CM this week that it was standing by its publicly stated commitment to support its members, but would not say specifically whether, or to what extent, this might include financial support.
Quite apart from the legal costs the separate action for damages which Heatons might bring against the TGWU could involve a substantial sum — the loss of business for the first four. weeks of the blacking is estimated to have cost the firm some £5000.
Heatons feel they should not have to bear the costs of the Appeal Court hearing last week against the fines for contempt imposed on the TGWU, as they were not parties to the action in the Appeal Court.
Even if relatively few RHA members are directly involved in the container blacking issue, a large number could be affected by a Lords judgment on the union's responsibility for its stewards' actions, and this will obviously have weighed with the Association in making decisions about the extent of its support for the Lords appeal.
More than the Appeal Court's quashing of the fines totalling £55,000, imposed by the N1RC on the TGWU for contempt, is at stake in this action. British industry as a whole will await the Lords' verdict with the keenest interest, since relationships with trade unions and shop stewards depend upon everyone understanding what the law means.