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ARBITRATION COURT., Auckland Star, Volume XL, Issue 92, 19 April 1909
OPENING OF SESSION IN AUCKLAND. The Arbitration Court commenced a session in Auckland this morning. His Honor Mr. Justice Sim, Judge of the Arbitration Court, presided, and with him were Mr. S. Brown (employers' representative) and Mr. J. A. McCullough (workers' representative). COMPENSATION CASES. In the cases of B. L. Rosso v. J. H. cmnner and other.?, and J. and M. Olsen v. Same, on the application of Mr. Reid, Mr. McVoagh consenting, the hearing was postponed until next session. In the case of French v. LeylandO'Brien, Mr. A. H. Skelton, who appeared for plaintiff, stated that the matter had been settled out of court. The case was struck out. In the ease A. Mahon v. YVaihi Grand Junction, Mr. W. J. Napier, who appeared for plaintiff, said several witnesses would have to be called from Waihi, and to avoid expense he hoped the case could be held at <in early date. His Honor said they might possibly go on with the jase this afternoon. In J. Buchan v. "Xorthem Steamship Co.. Mr. Skelton said a settlement had been arrived at, and the case was struck out. In A. E. Percy (Mr. Skelton) v. Macklew Bros., and A. Young (Mr. Skeltan) v. same, the hearing was fixed for next Friday at 10 a.m. Ine following cases were set down for hearing on May 3rd:—A. Doubleday (Mr. Skelton) v. D.S.C.; J. Cooper (Mr. McVeagh) v. U.S.S. Co.; W. Burns v. N.Z. L. and 31. Co. In C. Johnson v. Ford Shipping Line, Mr. Smith stated that the case had been settled out of court, ard it was struck out. The Court then proceeded to deal with industrial disputes set down for hearing. BAKERS' DISPUTE. In this case Mr C. J. Knox appeared for the master bakers of A«ckland, Waikato, Poverty Bay and country districts and Mr 0. J. Veale appeared for the operative bakers. The workers sought to have one award made applicable to the whole Northern Industrial district. His Honor said there appeared to be three separate awards—one applying to "the city of Auckland and a radius of 15 miles therefrom, one to country districts and one to Poverty Bay. He asked why it was sought to include Poverty Bay. Mr Veale said the conditions were practically the same and one award "would do justice to all concerned. Mr KnnY said the employers objected to one award. The Gisborne master bakers were opposed to it absolutely. His Honor asked whether any • pnferenc's had been held. Mr Yeale said the proceedings before 1 the Conciliation Council showed that the parties were diametrically opposed to each other and it would be futile to hold a conference. His Honor said they should endeavour to arrive at a settlement on the basis of the existing awards. Mr Knox said it would take time to arrange a conference with country districts. His Honor: What is the dispute about? Mr Knox: They want to revolutionise the conditions of the trade. Sir Veale: There is no hope of a successful issue.^ His Honor: You want to revolutionise the industry? His Honor directed that a Conference be held and that Mr Harle Giles, Conciliation Commissioner, be chairman, the result to be reported to the Court this day week. CABMEN'S DISPUTE. In this dispute Mr A. Rosser appeared for the men and Mr Grosvenor for the employers. Mr Rosser stated that a conference had been held and had proved abortive. His Honor fixed the hearing for Thursday next at 10 a.m. SHIPMASTERS' DISPUTE. In this dispute Mr. Smith stated that an agreement had been arrived at on all points except the wages payable to intercolonial sailors, and the wages and overtime payable in the Devonport Ferry Company. There were also two points of law to be argued, the one as to how far an award could be made to apply to vessels owned in New Zealand but registered in Australia, and the other as to how far an award could be made to apply to a master who was part owner, but who received a wage as against hia co-owners. His Honor adjourned the case until Wednesday. WATERSIDE WORKERS' DISPUTE. In this case Mr. Smith said the Union wanted the award extended to Kaipara and Tauranga, but as there was no appearance of the parties, he asked that the ea.se be struck out. His Honour directed accordingly. BRICK, POTTERY AND CLAYWORKERS' DISPUTE. In this dispute Mr. Rosser appeared for the men, and Mr. Grosvenor for the employers. It was stated that there was no chance of a conference being arranged. The dispute was set down for hearing on the 27 th inst, at 10 a.m. CARTERS' DISPUTE. In this dispute Mr. Davis appeared for the men, and Mr. Grosvenor for the employers. His Honor directed attention to the Canterbury award, ordered the parlies to hold a conference, taking that award as a basis for settlement, and directed that the result should be reported on the 30th inst. With regard to Hamilton carters, a date would be fixed later on, and the parties would be called upon to hold a conference before that date. SHIP, YACHT, AND BOAT-BUILDERS' DISPUTE. In this dispute Mr. Davis appeared for the men, and Mr. Grosvenor lor the employers. Botti parties notified that they were ready for a further conference. His j Donor directed that a conference be held, : and that a report be made on the 30th inst, at 10 a.m. COACHWORKEB.V DISPUTE. In this dispute Mr Grosvenor appeared, for the employers and Mr Banfield for the men. The statements made to the Court showed that there was no ! hope to be entertained of a. conference. The hearing was set down for 21st inst. TRAMWAY EMPLOYEES' DISPUTE. Mr Rosser, for the union, announced that an agreement -had been arrived at between the union and the Company j and would form the basis of an award. i The agreement embodied an increase in i wages and other concessions. They ! asked that the Court should include ail ■ allied trades in the award. His Honor said apparently they wanted an industrial agreement. I Mr Banfleld, on behalf of the coachj builders and joiners, and Mr Davis, on heshalf of the carters, objected to their I trades being made parties to the award.
His Honor directed that they should confer with Mr Rosser, and if after doing so they still had any objections to offer, they might file them with the Registrar, when they would be considered. HOTEL AND RESTAURANT EMPLOYEES , DISPUTE. In this case Mr T. Long appeared for the union and Mr C. J. Knox for the employers. His Honor said from the notification •which had been sent to the Court by the Conciliation Commissioner, it appeared that the union had refused to take advantage of the conciliation provisions of the Act. He did not know whether they could do that and still come before the Court. Mr Long submitted that the Union had not prevented the Council from dealing -with the dispute. All they had refused to do was to give evidence. He would point out that the union had left no stone unturned in the endeavour to arrive at an amicable settlement. They had met the employers in conference four times. They were prepared to accept the Canterbury award in its entirety, notwithstanding that it provided the lowest scale of wages in any part of the Dominion. But the employers would not hear of it. His Honor: But you would not discuss the matter before the Council. Mr Long: That is not so. Wβ decided not to lead evidence, but there is nothing in that. so far as the Court is concerned to prejudice the case. The Council had power to deal with it in committee, but refused to do so. It was only at the last conference that a counter-statement was put in by the employers. I would also direct your attention to the reference to myself in the notification sent to the Court by the Commissioner. Section 42 of the amending Act provides that the notification shall be made in a certain form, and I submit that the Commissioner has exceeded his duties in stating that an agreement was not arrived at owing to my unreasonableness. His Honor: There is nothing to that effect in the formal notification. It only appears as a statement by the Commissioner in the shorthand report of the proceedings supplied by the shorthand writers. Mr Long submitted that under section 46 the case was now properly before the Court, and should be heard with a view to settlement. His Honor: Ought you not to have given the Conciliation Council a fair and honest trial. Mr Long: It was a great shock to the workers of Auckland when they learnt that Mr Harle Giles had been His Honor: Wa can't go into that. Mr Giles is the Commissioner, and those who wantf to take advantage of the Act must comply wth its provisions. Mr Long said chey had had four conferences, and had done their utmost to arrive at a reasonable basis. His Honor: If you do not fairly and honestly comply ■with, the provisions of the law you cannot be entitled to its benefits. Mr Long: We endeavoured to conciliate. His Honor: You did not give the Council any chance to settle the case, and the question is whether it ought not to be sent back to the Council. Mr Long: If it is, it will only come back here. We recognise that the Court possesses discretionary power to send the case back, but as it is quite clear under the Act that the case is properly before the Court, we submit that it is the Court's duty to hear the case and to order another conference with a view to an amicable settlement. His Honor reserved his decision.
ARBITRATION COURT., Auckland Star, Volume XL, Issue 92, 19 April 1909
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