Originally Posted by
Lewbronski
The courts don't seem to care if the union is officially behind a work action or not. They view the union as kind of like a parent and the membership as a child. The parent is responsible for the behavior of the child regardless of whether the parent explicitly told the child to do something or not. Like if you saw a toddler having a meltdown, disturbing everyone at the grocery store or a movie theater or in church, you'd probably silently judge the parent in your mind moreso than the child.
It's just the way the case law has developed. It is what it is.
Also if they gave the union a pass on anything that it didn't formally instigate you'd quickly end up with a Sinn Fein / IRA kind of dynamic where the political wing plays holier than than thou while the active group bombs cafes and churches... even though everybody knows they're two sides of the same coin.
They don't want us to have our own IRA.