ALLEGED UNLAWFUL STRIKE

Manawatu Herald, Volume XLIV, Issue 2391, 11 February 1922, Page 3

ALLEGED UNLAWFUL STRIKE

Greymouth, Feb. 8. The Magistrate’s Court was occupied for the greater part of the day with the case Bailey v. Bafflerstone, in which the Department of Labour sought to recover a penalty of £2OO from the defendant, who is secretary of the Miners’ Union at Blackball, on the ground that he instigated an unlawful strike, contrary to the provisions of section 6 of the Industrial Conciliation and Arbitration Act, 1908. The-evidence showed that a new award came into operhtion pn December 12th last, as a. result of an industrial dispute initiated by the employers. The union allowed the proceedings to go by default, but on learning from the manager of the new award, the men came out of the 1 mine to hold a meeting and consider the same. For the defence Mr O’Regan raised two points—first, that the defendant was a- worker, and hence could not be fined more than £10; and secondjy, that though a strike had occurred in the popular sense, yet it was not an unlawful strike within the meaning of the Statute, the men having demanded no terms. Judgment was reserved.

Mr Meldrum, S.M., gave his reserved judgment at Greymouth yesterday in the case wherein R. T. Bailey, on behalf of the Labour Department, proceeded against William Balderstone, secretary of the Blackball Miners’ Union, claiming £2OO for inciting and instigating an unlawful strike at the Blackball mine .on December 12th last. The Magistrate held that Balderstone was not a worker within the meaning of the Industrial Conciliation and Arbitration Act, and held also that the offence was proved, but in view of being*Balderstone’s first individual offence the penalty would only be £25 fine with costs.