AWARD REFUSED.

Auckland Star, Volume LXII, Issue 88, 15 April 1931, Page 17

AWARD REFUSED.

DAIRY FACTORY MAX AC "lIS. (By Telegraph.—Press Association.) PALMERSTON NORTH, Tuesday. Stating that no award would be made when the applicants were not representative of the industry, the Arbitration Court to-day refused an application by the Wellington Dairy Factory Managers' Union for an award governing working conditions in factories. It appears that there are two bodies of factory managers, one which formed itself into a union and the other which is afliliated as the Dairy Factory Managers' Association. It was stated that after recent conciliation council proceedings, 99 managers out of 100 signed an agreement with their employers which meant, according to the Court, that a considerable number of the 51 members claimed by the union had signed. "Tha tagreement is valid and if an award were made it would be binding only on the managers who had not signed," stated Mr. Justice Frazer. "It would not apply to the 99 signatories. The Court has discretionary powers and will not make an award when the applicants are not representative of the industry. It would be grossly unfair to make an award for their benefit in view of the fact that it would become binding on new factories that commenced business in., the future." The position had not occurred before and could apply only when a new award was applied for, continued his Honor. Had there been a substantial representation of managers on the registered union the Court might have exercised its discretion to make an award in spite of the agreement, but the legislature did not contemplate that possibility. As long as there was not an actual award in existence there would be no bar to an agreement being made.