TNAG-0338-FCO40-374-Report-of-visits-of-Overseas-Labour-Adviser--G-Foggon--from--1972 — Page 51

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CONFIDENTIAL

Provisions to Protect those Bound by the Emergency Order

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

(i) The Secretary of Stato must specify in his

(ii)

application those whom ho wants the order to bind. Thoso named in the application thereby become partios to the hoaring bofore 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 merely participating in it.

(iii) No order may name an official of a registered union

if that official was (or would bo) organising industrial action on the instructions, or with the authority of his union. It follows that in those circumstances a union official cannot, therefore, bo personally liable for any breach of an order contempt procecdings would be brought against his union which would have been named in the order.

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(iv) Finally, where any emergency restraint order or

emergency ballot order has boon made, and has expired, no further similar order relating 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 the Industrial Court or, in casos effecting an individual, an industrial tribunal. Section 98 makes it an unfair industrial practice for anyone in pursuance of an industrial disputc, to organise or throaton industrial action for the purpose of inducing another person who is neithor 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 employment) or proventing him from performing it. An individual is not to bo rogarded as a party to the dispute moroly because ho is an associated employer or a member of the same employers' association. In disposing of complaints under section 98 the remedies available to the Industrial Court include power to award compensation 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