TNAG-0338-FCO40-374-Report-of-visits-of-Overseas-Labour-Adviser--G-Foggon--from--1972 — Page 50

CONFIDENTIAL

is being conducted, those responsible for calling or organising the industrial action must defer or discontinue the stops being taken for this purpose (Section 141 (1c) and (4)).

4. The Secretary of State may also apply for a ballot order in situations where the effects of industrial action aro likely to injure the livelihood of a substantial number of workers in an industry (Section 141 (2)).

Emergency Restraint Order

5. If the Industrial Court is satisfied on the basis of the evidence put before it by the Secretary of State and the parties to the dispute that an emergency of the kind describod in paragraph 2 above has arisen or is likely to arise, it will make an order restraining those specified in the Secretary of State's application from calling or organising industrial action for a period of up to 60 days. The order may also require those bound by it to tako any necessary steps to withdraw the instructions and to ensure that they are withdrawn (Section 139).

Emergency Ballot Order

6. Similarly, where the Secretary of State applies for a compulsory ballot order and the Industrial Court is satisfied that an emergency situation, as defined in either paragraph 2 or paragraph 4 above, has arisen, it will make an order. The order does two things. First, it forbids those namod in it from calling or organising industrial action while the ballot is being held. Second, it instructs the Commission for Industrial Relations (CIR) to arrange for the conduct of a secret ballot of the employees concerned in the dispute to determine whether or not they support industrial action. CIR may then either invite a registered trade union, if there is one, which is a party to the dispute, to conduct the ballot under the CIR's supervision; or it may conduct the ballot itself or arrange for some other agency to conduct it.

The

7. The Court may consult the CIR about the form of such an Order. Once the CIR has reported the result of the ballot to the Industrial Court, the ballot order ceases to have offect; and whatever the result of the ballot, those named in the order are free to call or organise industrial action. In other words, ovon if the results of the ballot show a majority opposed to industrial action, this does not oblige the leaders to refrain from organising such action (Section 143 (1)).

8.

Any person named in an emergency order made by the Industrial Court who disregards such an order and organises industrial action while the order is in force will be in contempt of court and subject to proceedings for civil content.

CONFIDENTIAL

/Provisions