HC Deb 16 May 1918 vol 106 cc533-4
63. Mr. ANDERSON

asked the Minister of Munitions whether he is aware that Messrs. Workman and Clark, shipbuilders, of Belfast, a controlled establishment, have drawn up an agreement for the clerks engaged in their counting house and their timekeepers, stipulating as a condition of employment that these employés shall not be connected with in any way any organisation of a trade union character; and whether, in view of the provisions of the Munitions of War Act, he will say what action he proposes to take?

Dr. MACNAMARA

My right hon. Friend has asked me to reply to this question. I am afraid the answer is rather long. I understand that the firm in question have not drawn up any such agreement for their clerks in the counting-house, but have drawn up one for their timekeepers.

The provisions of the Munitions of War Acts, to which my hon. Friend refers, are apparently Section 4 (3) of the Act of 1915, Section 12 of the Act of 1916, and Section 9 of the Act of 1917. The effect of these enactments, so far as they bear, if at all, on the point now raised, appears shortly to be this:

  1. (1) That no workman employed on, or in connection with munition work shall be discharged on the ground that he has joined or is a member of a trade union.
  2. (2) That if any employer discharges a workman on any such ground, he shall be guilty of an offence under the original Act.
  3. (3) That the term "workmen" in the original Act includes foremen, clerks, typists, draughtsmen, and other persons whole usual occupation consists wholly or mainly in work other than manual labour.
  4. (4) That any rule, practice, or custom, not having the force of law which 534 tends to restrict production or employment shall be suspended, and if any person is party to an endeavour to comply with such rule, that person is guilty of an offence under the original Act.
The precise bearing of these various enactments upon the agreement drawn up for timekeepers in this case is presumably a matter for the Law Officers, but it appears to me to be so far clear that if any timekeeper were refused employment, or discharged from employment, on the ground that he had refused to sign this undertaking, that would be a breach of the law. I give this as a layman's opinion. I have not had time to consult the Law Officers.

I ought to add, and this appears to bear upon Section 4 (3) of the original Act, that no person connected with any trade union organisation has ever applied for a situation as timekeeper with this firm, nor has any such person been discharged by the firm on that ground.