A TECHNICAL STRIKE

Dominion, Volume 10, Issue 3039, 28 March 1917, Page 7

A TECHNICAL STRIKE

i- . » ——_ .■ NOMINAL PENALTY IMPOSED. Before "Mr. W. G. Riddoll, S.M., in the Magistrate's Court yesterday, the Inspector of Awards (Mr. G. H. Lightfoot) proceeded against the Boilermakers' and Shipbuilders' Union to recover a penalty for. an offence under the Arbitration Act, tho defendant union having, it was alleged, inoited certain workers omployed by J. J. Niven and Co., Ltd., and Ross, , Jbry, and M'TiVhannolj to become parties to an unlawful etrike, tho said workers being at the commencement of the strike bound by. an, award. Mr. O'Regah, who appeared on bohalf of • the defendant union,'said ho was prepared to admit.that'there had been technically a strike within the statutory moaning. He was satisfied, nowever, 'and the Inspeotor of Awards was also satisfied that the breach had been quite unintentional. Thoro was a widespread popular belief that overtime could bo prohibited, but the legal position was that overtime could not be prohibited, even by an award of the.; Court of Arbitration. All that the Arbitration. Court could do was to provide that if overtime were worked a. higher rate, of payment should be made. In tho present case, the union in good faith had endeavoured to induce certain of its mombers to refuse to work overtime. The men who had discontinued work had certainly become guilty of an unlawful strike, and ,it was equally a breach of the Act to incite others ,to do likewise Ho submitted, however, that there was a great difference between a strike which had heen deliberately entered into and one which the participants do not think was a -strike. Though the inspector had claimed a penalty of £200 ho was now quite satisfied that the breach.was unintentional and under the circumstances, counsel submitted that the case would be fully met by tho imposition of a nominal penalty. .. ' .The Inspector of Awards concurred in the statement made by Mr. O'Began, and the Magistrate imposed a penalty I of £2. .■■ ■ ' .