QUESTION ASKED BY JUDGE

Press, Volume LXXXIII, Issue 25179, 9 May 1947, Page 6

QUESTION ASKED BY JUDGE

COMMENT MADE IN COURT

HARBOUR BOARD AWARD CLAIMS (PA.) WELLINGTON, May 8. “You seem to be hanging a sword of Damocles over our head* by saying that great developments might arise. Is that a threat of a potential strike? Are you threatening a breach of the law?” asked Mr Justice Tyndall in the Court of Arbitration to-day during the hearing of claims for a new award by the New Zealand Harbour Board Employees’ Union. • * Mr Justice Tyndall’s remarks were prompted by a statement by the workers’ advocate (Mr R. Freeland) that he submitted to the Court that if the list of proposed reductions were ever placed before the workers the harbour boards would soon be searching the cities for employees to work for them. “If the facts concerning the offers made in Conciliation Council and the conditions attached to them were ever published, no board would be able to function, because the entire waterfront industry is closely watching the making of this award, and on its issue great developments may arise,” said Mr Freeland. His Honour: To what are you referring? Mr Freeland: I am leaving that to the Court. His Honour then asked if the words were a threat of a strike or of breach of law. “No, Sir,” replied Mr Freeland. He added that after the 1937 award the harbour boards had sent the union men home, and used non-union men for overtime work after 5 p.m., and the union was very concerned about it. The employers’ advocate (Mr W. J. Gardner) asked for more information on the statements, so that the employers could answer them. His Honour: I feel that the words ‘great developments* mean more than you imply; but if you will not tell iis more, we will have to leave the matter. Shortly afterwards his Honour objected that contradictory statements were being submitted, and said that in the circumstances he would not be answerable for what happened as a result of those statements. “In fact,” he added, “great developments might arise.” The hearing began on Tuesday morning, and after hearing of the claimsfor exemption, Mr Freeland began the presentation of the union’s case, which was contained in a document of 82 typewritten foolscap pages. Mr Freeland concluded his statement this morning, and began the calling of witnesses. The case is expected to last into next week.