LABOR LEGISLATION.

Poverty Bay Herald, Volume XXXV, Issue 11248, 11 April 1908, Page 2

LABOR LEGISLATION.

LEGAL OPINION ON STRIKES

(Per Press Association.) WELLINGTON, this day;

By request of the New Zealand Employers' Federation Mr C. F. 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, t |3) to take part m a strike. (4) aid or abet a strike or movement intended to produce a strike. In ordinary language 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 m this sense, "because m clause 5 a strike or lock-out is referred to as 'taking place." The fact that no penalty is provided for the continuance of the strike does not, ., m Mr Skerrett's opinion, affect the matter. .The fine impos. Ed is the punishment for the act, of striking, but taking part m 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 m respect of the act of striking cannot prevent that which, follows from the. act of striking, that is a strike from being a continuant thing. Mr Skettett considers the suggestion is unfounded that the act of aiding or abetting must be previous to the strike to be punishable. He is of opinion that unions 'passing resolutions encouraging the continuance .of strikes and donating funds m aid of strikers are liable to punishment. He adds that m his opinion neither the words "industrial union" or "any worker" used m section 15 are limited to the particular trade or calling m which the strike has occuried.