CX 33. A pilotage pass issued under the preceding regu lations shall not exempt the vessel to whose Master it has been issued from complying with these regulations, other than the immediately preceding regulation. 34.-(1) If any person commits a breach of, or fails to comply with, any of the provisions of these Regulations he shall be liable on summary conviction before a Stipendiary Magistrate to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding one month, or to both, and in default of such fine to addition al imprisonment for a term not exceeding one month. (2) In the case of a breach of or failure to comply with, any of the provisions of Regulation 4 of these Regulations, the master of the merchant vessel shall be deemed to be the person at fault and shall be liable upon conviction in the manner provided for by paragraph 1 of this regulation to such fine or imprisonment, or both, as are provided by the said paragraph 1. REGULATIONS FOR AVOIDANCE OF STRIKES AND Under and by virtue of the Emergency Powers (Defence) Act, 1940, and of all other powers vested in him, His Excellency the Governor in Commission has been pleased to make the following regulations. Dated at St. John's this 27th day of June, A.D. 1941. J. A. WINTER, Commissioner for Home Affairs and Education. 1. If by reason of an actual or apprehended lockout or strike it appears that there may be an interruption of any work which will interfere with the efficient prosecution of the war or the maintaining of supplies and services essential to the life of the community the Commis sioner for Public Utilities may from time to time by order make provision (a) for establishing a tribunal or tribunals for the settlement of any trade dispute or trade disputes; (b) for prohibiting, subject to the provisions of the order, a strike or lockout in connection with any trade dispute; (c) for requiring employers to observe such terms and conditions of employment as may be determined in accordance with the order to be, or to be not less favourable than, the recognized terms and conditions; (d) for recording departures from any rule, practice or custom in respect of the employment, non-employment, conditions of employment, hours of work or working conditions of any persons; and (e) for any incidental and supplementary matters for which the Commissioner thinks it expedient for the purpose of the order to provide. 2. (1) An order made under Paragraph (a) of the preceding regulation for establishing a tribunal may provide for regulating the procedure of the tribunal. (2) Save in so far as may otherwise be provided in any such order establishing a tribunal the following provis ions shall have effect in respect thereof: (a) The provisions of Section 2 and Section 3 and Section 4 of the Public Enquiries Act, 1934, shall apply to the members of such tribunal as if they were commissioners appointed under Section 1 of the said Act and had conferred upon them all the powers which by the said Section 1 may be conferred upon such commissioners. CXI CXII (b) For the purpose of giving effect to the foregoing paragraph of this regulation the said Sections 2, 3 and 4 of the said Act shall be construed as if references therein to the "commissioner or com missioners" were references to a tribunal constituted by an order under these regulations and references to "enquiry" were references to proceedings of such tribunal. 3. In these regulations— (a) The expression "trade dispute" means any dispute or difference between employers and workmen, or between workmen and workmen connected with the employment or non employment or the terms of the employment or with the conditions of labour of any person; (b) The expression "workman" means any person who has entered into or works under a contract with an employer whether the contract be by way of manual labour, clerical work, or otherwise, be expressed or implied, oral or in writing, and whether it be a contract of service or of apprenticeship or a contract personally to execute any work or labour. 4. The Commissioner for Public Utilities may revoke or vary any order made under these regulations. 5.-(1) If any person contravenes or fails to comply with any order made under these regulations he shall save as otherwise expressly provided by or under that order be guilty of an offence and shall be liable (a) on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding five hundred dollars and in default of payment of such fine to imprisonment not exceeding three months; or (b) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine not exceeding twenty-five hundred dollars and in default of payment to imprisonment not exceeding six months. (2) Where a person convicted on indictment of an offence against any of these regulations is a body corporate every person who at the time of the commission of the offence was a director or officer of the body corporate shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or that he exercised all due duty to prevent the commission of the offence. (3) Where a person convicted on indictment of an offence under these regulations is a body corporate the provision limiting the amount of the fine which may be imposed by paragraph (1) (b) above shall not apply and the body corporate shall be liable to a fine of such amount as the court thinks just. 6. These Regulations may be cited as the Defence (Avoidance of Strikes and Lockouts) Regulations, 1941. CXIII CONTROL AND CONDITIONS OF EMPLOYMENT Under and by virtue of the Emergency Powers (Defence) Act, 1940, and of any other powers vested in him, His Excellency the Governor-in-Commission has been pleased to make the following Regulations. Dated at St. John's this 23rd day of October, A.D. 1941. W. J. CAREW, Secretary of the Commission of Government, CXIV PART I Interpretation 1. In these Regulations unless the contrary intention appears the following expressions have the meanings hereby respectively assigned to them, that is to say: (a) "Commissioner" means the Commissioner for Public Utilities. (b) "lock-out" means the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of person's employed by him in consequence of a dispute, done with a view to compelling these persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment; (c) "strike" means the cessation of work by a body of persons employed acting in combination, or a concerted refusal or a refusal under a common understanding of any number of persons employed to continue to work for an employer in consequence of a dispute, done as a means of compelling their employer or any person or body of persons employed, or to aid other workmen in compelling their employer or any person or body of persons employed, to accept or not to accept terms or conditions of or affecting employment. (d) "trade dispute" means any dispute or difference between employers and workmen, or between workmen and workmen connected with the employment or non-employment, or the terms of the employment or with the conditions of labour of any person; (e) "workman" means any person who has entered into or works under a contract with an employer, |