WHAT IS A STRIKE?

Dominion, Volume 1, Issue 170, 11 April 1908, Page 6

WHAT IS A STRIKE?

A CONTINOIfi CONDITION. POSITION OF THE AIDER AND ABETTOR . MR. C. P. SKERRETT'S OPINION. Reccnr.ly the. Hon. J. A. Millar and the Hon. Dr. Findlav, goaded into saying something to excuse tho inaction of the Government in regard to the strike , at Blackball, gavo their interpretations of what is a strike. So astonishing were their efforts to provo that a strike was-only the actual momentary act, the moment of relinquishing Work, and that, having thus struck, strikors were not on strike whilo tho strike continued, that tho whole of New Zealand was amused. MR. MILLAR'S DEFINITION. The Minister for Labour said: —Tho mistake that peoplo mado was in thinking that a strike was a continuous offence. The law; was broken immediately the strike took place.' Some peoplo, too, seemed to think that action should i:e taken against tlio Unions which had contributed monoy to tho support of tlj'e strikers, on tho ground that they were aidiiig and aborting them. That was wrong. The offence of aiding and abo.tting consisted/in the doing of something either prior to ' or concurrently with the committal of the/ofr.nd not after tho offence had been committed. Tho offonco being completo within itself when tho strike had taken place, subsequent action could not aid and abet in the committal of an offence which had already been committed. "Tho Government;" ho added, 'is exercising l all tho powers given to it Minder the Act to seo that tho award of the Court is enforced, and is giving the men time to consider their actions N bcforo doing anything. So far no effort lias been made to comply witli the order, but tho Department is at once taking tho necessary steps to enforce it." 1 DR. FINDLAY'S VIEWS,-' Tho Attorney-General (Dr. Pindlny) went'to oven groator extremes in his definition. It was. quite clear, ho said, that under Section 15 of tho Act of 3 00.5 a strike is hot a continuing offence. Tlio strike was complete as soon, as the men in concert left w;ork. They could be punished for that once; 'and.7or.co only, undsr Section 15. ; That being so, no. one could ho punished for aiding and abetting unless chat was dono before tho men actually loft work.' There was, moreover, another and enti .'My independent diflicuHy in dealing, with some of those , who were advising the men to continue their present'attitude.' 'Section 15 piovided that any industrial Union or industrial Association or employer, or any worker whether a member of any such Union or Association or not, who aids or abets a 1 strike, is guilty of an offence." From this it would seem that the aiding and abetting is' only an offence if dono by a 'worker,' meaning, no doubt, a worker in the trade or industry n connection with which tho > strike has occurred. Thus the section .door, not apply, m my opinion, to those engaged in an entirely different calling who >' aid or abet a strike in the coal industry."/ AN INDEPENDENT'OPINION/ When persons interested regained thoir breath after tho astonishment caused by the Government's efforts to explain the position, an opinion was sought ;from Mr. C. P. Skorrett, whose conclusions are the exact reverse of the Minister's interpretations. Mr. Skerrctt says:— "Section 15 of the Industrial Conciliation and Arbitration Act,-1905, makes it an offence for any Industrial Union or worker to- — " (l-)Proposo a strike. . " (2) Strike. ■ j "(3) Tako part in a strike. "(4) Aid or abet a striko or a movement intended to produce a strike. . ! "The question is: "What is tho meaning of tho word ' strike,' and whether the.offence is oomplete on tho men'leaving work, so that no ono can bo punished for aiding or abetting a strike, unless suclu'aiding or abetting takos placo prior to tho men leaving work in Concert, or what may be colloquially'termed the commencement of tlio strike?. The expression ' striko' is well known, it is used m very many mercantile'contracts. It-means a refusal by a . body of .Workmen", in concert to* w'ork for their employers, in - consequence of, either a refusal by tho employers of the workmen's demands for an, increase, or the refusal by the workmen to accept a diminution of wages when proposed :• by thoir employers, or to enforce sohio demand by the workers connected with their employment. In ordinary language, a striko' continues so long as tho concerted refusal to work continues, and a striko is said to end when tho men liavo .resumed their work. In the King y. Park,' 34 L.T., 889,- Chief Baron Kelly, in his judgment, refers to tlio end of the striko as the time ivlicn. the., men resume work. As His Honour .Mr, Justico Sim said, in his judgment in tho-Blackball case, tho words 'a strike' in Section 13' were used by the Legislature; In .'their ordinary sense, and in the ordinary sense a-strike is a continuing act, and subsists so long as tha concerted refusal to work is maintained.. It seems clear that tho Legislature was aware that it was using the expression in this' .senso,. for in Subsection. 5,; which relates to .the procedure under Section-15, a strike.or a lock-out is referred to as ' taking plaee.\ Clearly, a lock-out by, employers/is likewise a continuing act, and subsists.so longl.as employers refuso to employ their workmen. " I agree that a worker cai be punished for striking as soon as the men leave work in concert, bccauso ho comes within the very expression of the statute a worker who ' shall strike. 1 Hero the verb is used. But clearly tho substantivo 'a strike' involves continuity.- A striko subsists so long, as tho workers continuo in concert ,tO refuse to work, and ends when the strikers resume work. ■ The fact that no penalty is provided for the continuance of-tho strike does not, in my opinion, affect the mattor. The fine imposed is the punishment for the .act of striking, but taking part in q' strike or lookout is also punishable. Clearly, where the taking part in a strike is prpved by the act of striking, the offender cannot be punished twice for the samo act. But tho fact that one lino only can be imposkl in respect of tho act of striking cannot prevent that which follows from the act of striking—i.e., a strike, from being what it is in substance— a continuing thing. '(■ " The result of my view,'therefore, is that the Union which organised the strike, or the members of a Union who'have struck, can only be punished onco for, the act of striking oven though tho strike which follows may be continuous. AIDING OR ABETTING A STRIKE. " Tho second question is as'to whether industrial unions or _ individuals are liable to punishment for aiding, or abetting a strike by passing resolutions of sympathy with'tho workers m their strike, or. by donating money to the Union who are engaged in the strike jn order to provido funds to enable the strike to bo continued. It is apparently thought that the act'of aiding or abetting must be previous to the_ strike, and that as the workers and the Union can be punished directly they_ have struck, a person cannot bo said to 'aid or abet a striko who subsequently, to tho commencement of the aids or encouragds it. In my opinion this suggestion is unfounded ;• nor does the doctrine of tho criminal law relating to principals and accessories help the construction of the statute. The offence does not consist in aiding.'or abetting a/ person or persons i in the commission of a crime. Section 15 creates a. substantivo offeiico; aiding or abetting a strike;.'a continuing movement or operation—and tho • solo question is:—ls there ah aiding or encouragement of the striko? If thcro is then the offence is committed even though at the time of tho aiding or abetting the strike had commenced, and the strikers had been punished for their offence. Any other construction would render the statute almost entirely inoperative. I am of opinion, therefore, that Unions who pass resolutions encouraging the continuanco of the 1 strike, and Unions who donate their funds to the union engaged in a strike for the purpose of aiding the strike, are liable to punishment under Section 15 as aiders and abettors of the strike. PUNISHMENT OF OFFENDERS. " The next question is—who may procood to punish an offouce committed under Sec- 1 Lion 15. That Section provides thai aa of- ~ . u

fonder may lie proceeded, against in the same manner as if it or he were guilty of a breach of an award, and Sub-section 6 provides that such a summons may be served in tlio samo manner iu'which summonses may be-in connection with the enforcement of ail award. Under Section 101 if a broach of an. award is committed. the Inspector of Awards or any party to an award may apply to the .Court fpr the enforcement of the award. It oq; .kh[}io jEqi 'ojojojaq; 'am . oq.' sjnoddn Inspector of Awards, or any party to' the award which regulates, the employment vof tlio workers who have struck, may apply for tho. punishment- of the offenders under Section /lo of the Act by proceedings, similar to those prescribed for enforcing an award. ",l may add that in my opinion neither the words 'industrial union' or ' any worker,' used in Section 15, arc limited to the particular trade or calling In which the strike has occurred.' I can see-no reason either in the statutory definition of -worker in the principal Act or.in Section 15 for reading in such a limitation."' '