chapter  4
27 Pages

ADMISSION, DISCIPLINE AND EXPULSION I

COMMON LAW CONTROL

Until 1980, control of union decision making in the area of admission, discipline and expulsion was solely based on common law; either through the enforcement of the terms of the contract of association or by reliance on judicially developed common law principles founded on public policy. The common law has now been supplemented by an extensive statutory regime to control internal union decisions in this area. This will be fully considered in Chapter 5. Although recourse to the enforcement of common law rights is likely to be less frequent, the common law still retains an important residual supervisory role, exemplified by the litigation during the miners’ strike, considered earlier in Chapter 3.