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13 Managerial L. 1 (1972-1973)

handle is hein.journals/ijlm13 and id is 1 raw text is: SECRETARY OF STATE FOR EM1PLOYMENT v. ASSOCIATED SOCIETY OF LOCOMOTIVE ENGINEERS AND FIREMEN AND OTHERS (No. 2) COURT OF APPEAL Lord Denning M.R., Buckley L.J., and Roskill L.J. SECRETARY OF STATE FOR EMPLOYMENT v. ASSOCIATED SOCIETY OF LOCOMOTIVE ENGINEERS AND FIREMEN AND OTHERS (No. 2) May 19, 1972. Industrial Relations - Industrial dispute - Emergency provisions - Irregular industrial action - Work to rule on railways - Concerted course of conduct ... by a group of workers - Whether in breach of their contracts of employ- ment - Industrial Relations Act, 1971 (c.72), ss. 33(4), 138(1) (2), 139(1) (4), 141(1) (2), 142(1), 143(1) (2). Master and Servant - Contract of service - Effect of railway work to rule disrupting services - Whether in breach of contract - Industrial Relations Act, 1971, s.33(4). The Industrial Relations Act, 1971, provides by section 33(4): 'irregular industrial action short of a strike' means any concerted course of conduct (other than a strike) which, in contemplation or furtherance of an industrial dispute, - (a) is carried on by a group of workers with the intention of ... interfering with ... the provision of services, and (b) in the case of some or all of them; is carried on in breach of their contracts of employment . .. . By section 138: (1) Where it appears to the Secretary of State-(a) that, in contemplation or furtherance of an industrial dispute, industrial action, consisting of a strike, any irregular industrial action short of a strike, .. . has begun or is likely to begin; (b) that the condition specified in the next following subsection is fulfilled; and (c) that, having regard to all the circumstances of the industrial dispute, it would be conducive to a settlement of it by negotiation, conciliation or arbitration if the industrial action were discontinued or deferred, the Secretary of State may apply to the Industrial Court for an order under the next following section. (2) The condition referred to in para. (b) of the preceding subsection is that the industrial action has caused, or (as the case may be) would cause, an interruption in the supply of goods or in the provision of services of such a nature, or on such a scale, as to be likely-(a) to be gravely injurious to the national economy... . By section 139: (1) Where an application is made to the Industrial Court under section 138...

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