INDUSTRIAL CONCILIATION ACT.

Gisborne Times, Volume XXVI, Issue 2164, 13 April 1908, Page 1

INDUSTRIAL CONCILIATION ACT.

K.C.’S OPINION ON STRIKES. (Press Association.) WELLINGTON, April 11. By request of tho New Zealand Employers’ Federation Mr C.; .F. .Skerrett, K.C., -has- given an opinion ■on section 15 of the Industrial Conciliation Act. Ho says the section makes it an offence for a union or worker to (1) propose a strike, (2) strike, (3) to take part in a strike, (4) aid or abet a strike or movement intended to produce a strike. .In ordinary language a strike continues so long as tho concerted- refusal to work continues, and a strike is said to end when tho 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 6 a strike or lock-out is referred to as “taking place.’ Tho 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 punishmont 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 continuant thing. Mr Skerrett considers the suggestion is unfounded that the act of or abetting must be previous to tlie strike to -be punishable. He is of opinion tint -unions passing resolutions encouraging the continuance of strikes and donating funds in aid of strikers are liable- to punishment. He adds that in his opinion neither the words “industrial union” or “anv worker” used in section 15 are limited to the particular trade or cilling in which the strike has occurred.