UNLAWFUL STRIKE

Taranaki Daily News, 12 April 1935, Page 5

UNLAWFUL STRIKE

WATERSIDERS’ APPEAL FAILS.

DISPUTE OVER OVERTIME. — By Telegraph—Press Association. Wellington. April 11.

The Arbitration Court disallowed the appeal on a point of law of 58 watersiders who were fined £1 each by a magistrate for having taken part in an unlawful strike. Judge Frazer said that appellants contended that the society of which they were members was not a society to which the provisions of the Labour Disputes Investigation Act applied, inasmuch as when their refusal to work overtime occurred, the society was bound by the terms of an induzrial agreement under the Industrial Conciliation and Arbitration Act,* 1925. It appeared, however, that the agreement related solely to ship repair work and had no bearing on the work of stevedores. The existence of that agreement did not exclude the society from the application of Section 3 of the Labour Disputes Investigation Act in respect of work altogether outside the scope of the agreement. Mr. Justice Frazer said also that appellants could have sued in any court of competent jurisdiction for the amount they claimed should have been paid them or they could have had recourse to the Disputes Committee. If they had been able to convince their society of the necessity for taking such action, the society could have given notice of the dispute to the Minister under Section 4 of the Labour Disputes Investigation Act. Appellants, however, decided in combination to refuse to work overtime with the object of compelling the employer to agree to pay a greater sum than the employer considered he was bound to pay. No breach of the Act was alleged against either the society or the association. The position was simply that the appellants, rs individuals, acted in combination with one another in such manner as to bring themselves within the definition of parties to an unlawful strike.