Case Against Secretary
Maoriland Worker, Volume 12, Issue 251, 9 November 1921, Page 9
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Case Against Secretary
On Thursday last the Labor Department took action in tha Weli lington Magistrate's Court against Cliar_e s Grayndier. secretary of the,; New Zealand Workers' Union, to re- ' i cover the sum of £100 for an alleged; | breach of the shearers' award. The ; j statement of claim sec out the fol-; ! lowing: "The ~defendant, a member: lof the union, did at Wellington on j 4th October, induce several shearers, Joseph Buckley, James Martin, and others, to abstain from-working on tho conditions fixed by the __v.ard, and did so directly or indirectly for -.. purposes of preventing the said persons and others from working under j the said conditions." j Mr. R. Bailey, Inspector of Awards, represented the Labor Department, and Mr. P. J. O'Regan appeared tor the defendant. The Magistrate, Mr. F. K. Hunt, ruled that a Magistrate has no power' to. impose'penalties stated in awards of the Arbitration Court, but must restrict himself to those fixed by the Statutes. In his opening statement, Mr. Bailey said that the case was an application to enforce the provision of the Wellington District Shearers- Award. The defendant was the general secretary of the union. The present award cam© into operation' on IS th September last. The Court's award did not meet with the approval' of the parties concerned, and the defendant immediately Itook stieps' l to persuade the members of his union i not to accent engagement unless las*; season's rates were paid. . : Mr. Bailey quoted from a manifesto ■ issued by Mr. Grayndier and publish- ' ed in The Mai>rilai.il Worker, _ I James D. Cruickshank, occupier of . a registry oftice, said that early in; October he received instructions to engage seharer s for Te Kamaru Sta- ' ton, Makara. He secured the men. He subsequently found out that the. men did not go to Makara. The fol- ; lowing morning a typewritten notice posted in his office bore the following words: "This is tbe office that is ■ charging i_hearer__ 4/6 to scab. Be- - { ware! Beware!" 'William S. Wheeler, public account--j anx .also gave evidence. j At this stage, Mr. O'Regan sa-d that: he would admit tliat on the date in. question Mr. Grayndier had advised i certain men not to accept shearing ; on the terms fixed by the award, Re ; intended to argue that the facts did not disclose any breach of the award. : Albert. Withers, a carrier, Joseph j Buckley, a shearer.; James Martin, a; shearer, and William H. Bennett, a ; typewriter expert, also gave evidence.; Mr. O'Regan said that the Inspec- j tor had not told the Court under ■ which section of the statute the pro- I ceedings were brought. The statute! gave the Court no power to impose a penalty of £100 on a person for the ' offence alleged, the maximum penalty being fixed at £5. Counsel contend- ; ed that the preamble to the award. was ultra vires, the Arbitration; Court having no power to fix pen- ! alties for breaches of the awards. ■ The Magistrate: "I consider that tft.s ia a deliberate breach of the award. The shearers are carrying out one of the most important industries iv the country." Judgznent was given for plaintiff for the sum of £5 j Willi costs amounting to -12/3/6.
