OUR INDUSTRIAL LAWS

Hawera & Normanby Star, Volume LIII, 11 April 1908, Page 5

OUR INDUSTRIAL LAWS

THE STRIKING AND ABETTING CLAUSES. MR SKERRETT’S OPINION. OPPOSED TO DR FINDLAY’S. f press association.! WELLINGTON, April 11. By request of the New Zealand Employers’ Federation, Mr C. P. Skerrett, K.C., has given an opinion on section 15 of the Industrial Conciliation Act. He says: “The section makes it an offence for a union or worker to (1) propose a strike, (2) strike, (3) take 'part in a strike, (4) aid or abet a strike or a movement intended to produce a strike. A strike continues so long as the concerted refusal to work continues, and a strike is said to end when the men have resumed work. In the ordinary sense-a strike is a continuing act. It seems clear that the Legislature was aware it was using the expression in this sense, because in clause 5 a strike or lockout is referred to as ‘taking place.’ ” The fact that no penalty is provided for the continuance of the strike does not, in Mr Skerrett’s opinion, affect the matter. The fine imposed is the punishment for the act of striking, but taking part in a strike or lockout is Also- punishable. The offender cannot be punished twice for the same act, but the fact that one fine only can be imposed in respect of the act of striking cannot prevent that which follows from the. act of striking—that is, a strike-—from being a continuing thing. Mr Skerrett considers the suggestion is unfounded that the act of aiding or abetting must be - previous to the . strike 1 to be punishable. He is. of opinion that unions passing a resolution encouraging the continuance of a strike 'and donating funds in aid of. strikers are liable to punishment. He adds that, in his opinion, neither the words - “industrial union” nor “any worker” used in. section 15 are limited to the particular trade or calling in which the atrikeihas occurred. "