c o n t i n u i t y a n d c o n t r ac t 271 The experts wanted to place a great responsibility on the corporativist bodies themselves for creating industrial peace. It was not only considered “obvious” that the organisations bound by the collective agreements ought to have the freedom to enter into agreements about industrial actions that went further than the act. Further, they would not be allowed to encourage unauthorised industrial measures. In addition, it was proposed that they would be liable to monitor their members and prevent them from adopting unauthorised industrial measures, a function that had been expressly rejected in the 1910 proposal.548 In order to bring about protection of the collective agreements entered into, regulations concerning sanctions were required. Making a breach of contract a criminal act in this area, however, was considered to be in decided opposition to the legal opinion then current in Sweden, and the investigation referred instead to the private law damages.549 An important point, as has been mentioned, was that the 1927 proposal, like the bill of 1928, stipulated a prohibition against industrial actions dealing with the interpretation or change of questions that were regulated in the collective agreement. In this context, Huss, Elmquist and Lindhagen discussed when it was permissible to resort to industrial methods to bring pressure to bear in disputes concerning subjects that were not expressly dealt with in the agreement.They held that it was often very difficult to answer the question whether a submitted motion referred to a change or complementing of the agreement.The decision in the individual case came to be dependent on the interpretation of the meaning of the agreement taking into account what could “be considered as falling within the contract’s natural framework” (anses falla inom avtalets naturliga ram).The investigators held that what had emerged from the negotiations concerning the creation of the agreement was of great importance but added: 548 Utkast 1927, pp. 4, 22, section 5. 549 Utkast 1927, p. 26, section 10.
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