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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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