THE LEGAL POSITION

Evening Post, Volume XCIII, Issue 96, 23 April 1917, Page 3

THE LEGAL POSITION

ESSENTIAL INDUSTRIES

UNDER WAR REGULATIONS.

Special enquiries were made by a Post reporter to-day as to the position of the striking miners with regard to penal industrial legislation and special War Regulations. In the case of an ordinary strike the miners would be liable under either the Conciliation and Arbitration Act (if an industrial agreement or award were in existence) or under the Labour Disputes Investigation Act. Under the former Act the maximum penalty is a fine of £10 for an individual or £200 for an organisation; under the latter £10, for an individual and £1000 for an organisation, Whether the term of the agreement has expired is of no moment, since all agreements and awards continue in operation until superseded or until the registration of the union is cancelled. All the miners unions' are registered. A recent prosecution of the Blackball Co. was defeated since the agreement was held to be bad in that though made for a term' of three years, according to the date it was for a term of three years and some days, while the maximum term for which an award or agreement can be made ob three years. In that case the men were liable tp prosecution under the Labour Disputes Investigation Act, since coalmining is one of the industries in which, under that Act, notice of a strike must be given and the dispute submitted to investigation: The State mines are in a peculiar position eince they are not governed by the Arbitration Act; but under the Slines Act the Minister for Mines may enter into an agreement with the men similar to an industrial award. This provision implies that the agreement would be enforceable.

However, it is open to doubt whether either of these Acts apply in this instance, since a strike, according to the Arbitration Act amendment, is the discontinuance of employment: "(a) With intent to compel or induce any such employer to *gree to terms of employment or comply with any demand made by the said or any other workers; or ■ "(b) With intent to cause loss or inconvenience to any such employer in the conduct of his-business; or

'"(«)..With intent to incite, aid, abet, instigate, or procure any other strike;

"(d) With intent to assist workers in the employment of any other employer to compel or induce the .employer to agree ' to terms of employment or comi ply with any demands made upon him by any workers." . In the Labour Disputes Investigation Act the same definition is adopted. The miners have stated that their strike is not against the, employers, but against the Military Service Act. If that statement is accepted, it may be that they are not affected by the ordinary industrial legislation. : Coal-mining, however, has already been proclaimed an essential industry, and subject to the War Regulations gazetted on 16th February, 1917., Under these regulations, the liability is on persons, not organisations, taking part in or assisting, a seditious strike which hampers the Government in the prosecution of the war. The penalties are much more severe than under the industrial law, since terms of imprison-\ ment may be imposed. The work of loading and discharging ships and transport industries generally has also been proclaimed essential, so that waterside workers refusing to dis-chai-ge coal cargoes are liable to prosecution under the War Regulations. Whether they are also liable under the industrial law is a moot point, since they are all bound by agreements, and are all registered under the Arbitration Act.