WHAT IS A STRIKE?

Rangitikei Advocate and Manawatu Argus, Volume XXXIII, Issue 9119, 11 April 1908, Page 5

WHAT IS A STRIKE?

MR SKERRBTT’S OPINION. DIFFERS FROM THAT OF DR. FINDLAY. Per Press Association. Wellington. April 10. By request of the New Zealand Employers’ Federation, Mr O. P. Skerrett, K. C., has given an opinion on section 15 of the Industrial Conciliation Act. He says the section makes it an offence for a Union or worker to (1) propose a strike, (2) strike, (3) take part in a strike, (4) aid or abet a strike or a movement intended to produce a strike. In ordinary language a strike continues so long as the concerted refusal to work continues, and a strike is said to end when the 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 5 a strike or lockout is referred to as “taking place. ’’ The fact that no penalty is provided for the continuance of the strike does not, in Mr Skerrett.’s opinion, affect the matter. The find imposed is the punishment for the act of striking, but taking part in a strike or a 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 fthe act of striking cannot prevent that which follows from the act of striking, that is a strike, from being a continuing thing. Mr Skerrett considers the suggestion is unfounded that the act of aiding or abetting must be previous to the strike to be punishable. He is of opinion that Unions passing a resolution encouraging the continuance of a strike and donating funds in aid of the strikers are liable to' punishment. He adds that in his opinion neither the words “Industrial Union” nor “any worker” used in section 15 are limited” to the particular trade or calling in which the strike has occurred.