NOTHING TO BE WRITTEN IN THIS MARGIN
W(B)L 51-7406
- 3 -
Note!
See
my mounte 4 244. and Mr. Gordan Smuth;
4 27/11.
GF
5.
Apart from the objections in principle
to which I have referred above, the
legislation as drafted has certain other
imperfections which call for examination.
(a) Section 3(5). The insertion of the
words "take part in" in line 2 of this
sub-section would seem to have little
or no practical effect in relation to
a strike in view of the proviso to the
sub-section.
(b) New Section 3A. As at present worded,
the powers of the Governor in Council
seem to be confined to strikes which
have already started and do not
extend to dealing with threatened
strikes. In the absence of the
notices referred to at paragraph 2
above, workers would not be aware in
many cases until already on strike that
their action was illegal. Moreover
where acts are done inciting or
instigating a strike before the strike
is declared by the Governor in Council
to be illegal, it would not be
sufficient for the purposes of a
prosecution in respect of those acts
merely to show that the Governor in
Council had subsequently declared the
strike illegal. It would, I am advised,
be necessary to establish that the
/strike