TWO TRAMWAY APPEALS

Press, Volume LXXI, Issue 21656, 14 December 1935, Page 7

TWO TRAMWAY APPEALS

One Allowed And One Dismissed EFFECT OF PREVIOUS ORDER The claim that the Christchurch Tramway Board had not followed the direction of the Tramway Appeal Board contained in its judgment of October 18 to place the three appellants in that hearing on the traffic staff was made to the Appeal Board yesterday, when two of the previous appellants sought reinstatement on the board’s staff. The Appeal Board unanimously dismissed one appeal ana by 3' majority decision allowed the Ot MrH. A. Young, S.M., presided, and with him were Messrs G. Manning (Tramway, Board representative) and J. A. Webb (Tramway Employees Union representative). Mr J. D. Hutchison appeared for the Tramway Board, and Mr W. F. Tracy for the appellants, Frank George Buckley and Frederick James Mitchell, At the hearing Mr J. K. Archer (chairman of the Tramway Board) and Mr H. E. Jarman (general manager) sat with Mr Hutchison, and Mr Frank Thompson (formerly general manager of the Tramway Board) sat alongside Mr Tracy. Former Direction Mr Tracy said that on October 18 the Appeal Board gave a decision in which it upheld the appeals of three men, Lewis, Mitchell, and Buckley, and directed that they be again placed on the roster when the first vacancy occurred in the traffic staff. The present appellants maintained that two vacancies had occurred and that neither themselves nor the other original appellant, Lewis, had been placed on the roster. About the time of the last appeal the Tramway Board acquired the Inter-City bus service and took over the drivers. On November 2 one of the Inter-City drivers, Pease, left the service. Various traffic staff changes occurred, but finally one, Mardon, from, the permanent way staff, was put on the roster and was still there. A definite vacancy was caused by the resignation of Pease, and it was the clear duty of the board to put on one of the present appellants in his place instead of Mardon. Then a member of the traffic staff. Garland, resigned in the middle of November, but the vacancy on the roster had not been filled. On November 16 a letter was sent to the general manager of tramways about Lewis, Buckley, and Mitchell. On November 20 a reply was received from the Tramway Board to the effect that the position of the traffic staff was very indefinite, and that no final decision had been made about the Inter-City service and one-man cars on the New Brighton line. The letter also said that Mardon, a former mdtorman, was only put on temporarily. When the through Inter-City service to North Beach via Wainoni ceased several men would be released. When any definite vacancy occurred Buckley would be put on. On November 27 the board again wrote that no action had been taken about Garland. Mr Tracy claimed that the boards second letter was a definite admission of a vacancy which had not been filled. Appellants Not Placed Frank George Buckley, a motorman, said he had not been placed on the roster since October 18. Since then one, Pease, had resigned. Since that resignation one, Mardon, had been put on the traffic staff. Frederick James Mitchell, a conductor, said he had not been placed on the roster since the last decision of the Appeal Board. Mr Hutchison said the boards contention was that there had been no vacancy since the date of the last decision. As from October 1 the board had taken over the Inter-City service to North Beach through Wainoni. Five men were taken over with the buses. The board intended to apply to the Licensing Authority for permission to stop the service at the Bower Hotel and the east end of Wainoni. This would serve the Wamom district, which had no. other service, and would avoid competition on the North Beach route. Pease, one of the. Inter-City drivers, resigned towards the end or October, and the rearrangement then made was purely temporary. The proposed curtailment of the service would mean that only two men instead of five would be needed. The New Brighton trams were to be operated by one man from next Monday. which would create a surplus on the traffic staff. If the Sumner cars were also to be operated by one man, a matter not yet finally decided, there would be a further surplus.

“No Vacancies” It was clear that there had been neither one nor two vacancies. The only thing that could be said against the board was the temporary filling of Pease’s place, but in fact there had been no vacancy. . , , John Kendrick Archer, chairman of the Tramway Board, said the boards letters of November 20 and 27 stated the position correctly, with minor exceptions, which he explained. The object of taking over the Inter-City service was to eliminate unprofitable competition on the North Beach line. One result v/ould be that the board would not require so many men. To Mr Tracy witness said that the board decided that Pease’s place should be taken by one of the men temporarily on the permanent way staff and formerly on the traffic staff, and instructed the general manager accordingly. The board considered that that decision did not violate the finding of the Appeal Board. The board proposed to use the services of the men now in its service, and if there were then any absolute vacancies it was proposed to put on the appellants. After a retirement the board announced the unanimous dismissal of Mitchell’s appeal. Mr Young said the board was satisfied that no vacancy within the meaning of the boards order had occurred. The appeal of Buckley would be allowed by a majority decision of the board. It was ordered that his rate of pay be restored from November 4 to the rate he was receiving immediately before his dismissal, less a sum of £l2 18s.