AWARD NOT GRANTED

Press, Volume LXXXV, Issue 25995, 24 December 1949, Page 2

AWARD NOT GRANTED

CABLE AND WIRELESS EMPLOYEES PROSPECT OF BECOMING CIVIL SERVANTS "The Press” Special Service tt • AUCKLAND, December 23. discretionary authority, the Arbitration Court refused to make an award for the employees of Cable and A ireless, Ltd., at Auckland. Issued by Mr Justice Tyndall this week, the dewas based on the ground of v- e i- ex t ra ordinary circumstances which surround the relationship between the employer and the workers, and the possibility that in the near future the workers will be clearly outSl( £e the jurisdiction of the Court.” The decision stated that the parties might still enter into an industrial agreement to cover those workers who came within the scope of the union’s rules.

The workers’ representative on the Court, Mr F. C. Allerby, expressed a dissenting opinion. “While 1 appreciate the difficulties confronting the Court in this case,” stated his opinion, ‘an award could have been made covering the workers coming within the limits of the union rules.” “The transition of-the company from private to Government control has extended oyer a very long time, and there is still no definite date on which the members of the staff of Cable and W ireless, Ltd., in New Zealand will become employees of the Post and Telegraph Department,” stated the decision. “In the intervening period, most workers in New Zealand have received increases in their wages and salaries and improvements in their working conditions. “It is understandable, therefore, that the company’s employees, who are at present on the salary scales which have been operating since January 1, 3 947, should have become irritated and discontented At the same time, it should be mentioned that this is the first occasion, on which the employees have taken any positive action to obtain an award under the Industrial Conciliation and Arbitration Act.”

The Court expressed the opinion that the workers’ union had no authority to negotiate on behalf of any employees of Cable and Wireless, Ltd., who were not submarine cable telegraphists or engineers at Auckland. Dealing with the question whether the Court should make an award limited to submarine cable telegraphists and engineers at Auckland, the decision stated that the employer most interested in their conditions of employment was the Post and Telegraph Department. The Industrial Conciliation and Arbitration Act did not apply to the department.

Department’s Position “Although vitally interested, the department has not been heard, as it is not strictly a party to the proceedings,” stated the decision. “On the other hand, the Court has had to listen to very serious allegations by the representative of the workers’ union concerning the attitude and activities of the department.”

The relationship in rates of remuneration between the Cable and Wireless. Ltd., and the Post and Telegraph Department employees was of great importance in view of the fact that both groups would later be employed in the same department. It did not seem that the employees of the Company. were, by comparison, at present Underpaid. The Court was concerned at the undertaking that “steps will be taken in collaboration with the United Kingdom Government to safeguard the position of the staff now employed by Cable and Wireless, Ltd., in the operation of the Auckland cable station.” It seemed questionable whether the Court should allow itself to become an instrument by which this implicit undertaking might on the one hand be more than honoured, or on the other hand might be partially defeated.

EMPLOYEES’ REQUEST TO MINISTER

(New Zealand Press Association) AUCKLAND, December 23. The refusal by the Court of Arbitration to grant Cable and Wireless, Limited Employees’ Union an award is the subject of representations being made to the Minister of Labour 'Mr W. Sullivan) by Mr T. J. G. Potter, advocate for the union. Mr Potter suggested to-day that the Minister of Labour and the Postmaster--General (Mr W. J. Broadfoot) should call a compulsory conference of representatives of Cable and Wireless, the Post and Telegraph Department, and the union. He pointed out that the judgment had debarred the union, which is registered under the Industrial Conciliation and Arbitration Act, from obtaining an award under that legislation. Because the union was not a service organisation it w T as like-; wise debarred from obtaining an order from the Government tribunal.