§ [Nos. 4 and 5]
§ After Clause 1 insert the following new clause:
§ Rights of workers aggrieved by exclusion or expulsion from trade union.
§ ". After section 5 of the principal Act, there shall be inserted the following section:—
§ "Rights of workers aggrieved by exclusion or expulsion from trade union to apply to tribunal.
1159§ 5A.—(1) A worker aggrieved by his exclusion or expulsion from any trade union, branch or section may apply to a tribunal appointed for the adjudication of such grievances for a declaration that he is entitled to be a member of that trade union, branch or section.
§ (2) The tribunal shall be appointed by the Secretary of State in consultation with the General Council of the Trades Union Congress and the Chairman of the Conciliation and Arbitration Service and shall have an independent person with legal qualifications as chairman and two other members.
§ (3) The procedure at such a tribunal shall be in accordance with rules made by the Trades Union Congress and approved by the Council on Tribunals.
§ (4) If at any time there is not existent such a Tribunal and such rules, such an application may be made instead to an industrial tribunal in accordance with industrial tribunal regulations.
§ (5) Where any such declaration has been made either by the tribunal or by an industrial tribunal as the case may be and has not been implemented by the union, branch or section concerned within any period specified in the declaration or if no such period is specified within a reasonable period, the worker may apply to the High Court or in Scotland, the Court of Session for an injunction, interdict or such relief (including compensation) as the court may think just and expedient in all the circumstances of the case.
§ (6) Nothing in this section or section 2(5) above shall prejudice or in any way reduce the common law rights of a person who has applied to join, but not been given membership of, or who claims to be and to remain a member of, or who has been expelled from a trade union."
§ The Commons disagreed to this Amendment for the following Reason:
§ Because a statutory right of complaint is unnecessary.
§ Lord JACQUESMy Lords, I formally move that the House doth not insist on their Amendment No. 4 to which the Commons have disagreed for the Reason numbered 5.
§ Moved, That this House doth not insist on their Amendment No. 4 to which the Commons have disagreed for the Reason numbered 5.—(Lord Jacques.)
§ On Question, Motion agreed to.