WRONGFUL EXPULSION FROM TRADE UNIONS: JUDICIAL INTERVENTION AT ANGLO-AMERICAN LAW

Abstract

The purpose of this article is to examine the role of the courts in actions for wrongful expulsion from trade unions. The author systematically divides this subject into three topics of inquiry. First, he examines the bases on which Anglo-American courts have assumed jurisdiction. This line of inquiry includes three theories: property, contract and tort. Second, he examines what actually constitutes wrongful expulsion, and in relation to this matter discusses the judicial standards and the exhaustion of internal remedies requirement. Third, he considers the judicial relief accorded a wrongfully expelled member. The topic is confined to problems experienced in the United States, Canada and Great Britain.