TNAG-0338-FCO40-374-Report-of-visits-of-Overseas-Labour-Adviser--G-Foggon--from--1972 — Page 28

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CONFIDENTIAL

Provisions to Protect those Bound by the Emergency Order

9. The Act includes four safeguards for those concerned in on industrial dispute whore the Scoretary of State applies to the Industrial Court for an emergency order: -

(i) The Secretary of State must spocify in his

(ii)

(iii)

application those whom ho wants the order to bind. Those named in the application thoroby become parties to the hearing boforo the Court, and have the opportunity to presont their caso.

An order can only bind persons or organisations who are (or would be) calling, organising or financing industrial action - it cannot apply to someone who is meroly participating in it.

No order may namo an official of a rogistcred union if that official was (or would be) organising industrial action on the instructions, or with the authority of his union. It follows that in these circumstances a union official cannot, therefore, be personally liable for any breach of an order - contempt proceedings would be brought against his union which would have been named in the order.

(iv) Finally, where any emergency restraint order or

emorgoncy ballot order has boon made, and has expired, no further similar order rolating to the samo dispute can be made by the Industrial Court (Sections 138 (3), 139 (3a and b), 140 (7), 141 (3), 143 (6a and b) and (7)).

Sympathetic Strokes (Secondary Boycotts)

10. The act defines the unfair industrial practices for which registered and unregistered organisations and individuals may be open to complaint to tho Industrial Court or, in casos affecting an individual, an industrial tribunal. Section 98 makes it an unfair industrial practice for anyone in pursuence of an industrial disputo, to organise or threaten industrial action for the purpose of inducing another porson who is neither a party to the disputo nor materially supporting a party to it, to broak a contract with a party to the dispute (other than a contract of employmont) or proventing him from performing it. An individual is not to bo regarded as a party to the dispute moroly because he is an associated employer or a member of the same employers' association. In disposing of complaints under section 98 the remodics available to the Industrial Court include nowor to award componsation to an aggrieved party, or to make an order declaring the rights of a complainant, or issuc en order requiring the offending party to desist from continuing a particular course of action (Section 101 (3)).

CONFIDENTIAL