CANCELLATION.

Dominion, Volume 1, Issue 255, 21 July 1908, Page 2

CANCELLATION.

APPLICATION TO ARBITRATION COURT . AN' IMPORTANT POINT. . i.. j (at TELEGK".(m.—SPECUr, CORBESPONDENT.) . '! . Dunadin, July 20. One of the matters that came before till) ■ Arbitration' Court this morning was tbe.ap- ;] plication of the Union Steam Ship Company for a new award,in respect to the Diinediri '! Wharf Labourers' Union. Mr. J. F. Kirby.j appeared for the Company. 'Mr. W.Belcher { said, that he appeared for the' Union, pot to defend, but to draw the attention 1 , of tho i Court to an extract from the New Zealand Ga- ; zette,'. which showed clearly that' the registra- j tipn bad been cancelled, , therefore the Union • was out of existence. Mr. Kirby said that I under Section 20 of the 1905 Act the Registrar had no right to cancelthe registration i as proceedings against the Union were,: in ; progress. .. As a matter of fact the citing.qf j the Union was on February. 10, and it was j after that that, the registration- was . c'aii«; ; ] celled. : . V " : ''! 'Mr. Justico Sim: Did you inform hiq that' ! a dispute was peiiding? ' :j _ =Mr. Kirby replied'that the. Registrar was j 'informed afterwards. . : \ 'His' Honour: Why, did he cancel the!ro- 'j j gistration 1 : C" '• •Mr. Kirby: I think it was a.mistake. .'I. .1 wrote'-about-it, and lie admitted that a mis- ; take had been made. " ■ .. ' •.; His-HonourWe-have a memorandum from'. * the Registrar, to the Clerk of Awards, dated ; June 2:—"ln reply to your letter of the ,26th i ult. regarding; cancellation of' the Duiiediir"! Wharf Labourers'• Industrial-- Union, ,of ! Workers, I have _to state that the notice of cancellation-of. this Union' was inserted in-tho' Gazette inadvertently, .and a, further notice is" being -put into this" week's Gazette cor-'| rectiiig the, error by stating...that...the one gazetted last week has no. effect, proceedings affecting the Union'having Keen filed* priof'to : such notice. I have consulted Law Officer on, the subject, and-.-the;'position.-is that the notice- of, cancellation, is void for ; the reason -given, as" Section ;20 of the Act absolutely prohibits; cancellation ■ under the circumstances.". Mr:-' Belcher: We. contend that the. Regis ' trar ■ iaving given ; legal notice "'in ■ the , Gazette that- the-registration is cancelled, ; it must hold good, and that'lie has'no righ.' to- revoke it. < His Honour: Supposing,he did-it .without ; .any request to do so. Supposing lie did. it : of. his own sweet will." Do you say that'the | registration .would- be cancelled ? . ' Mr.-. Belcher replied that he thought.so', : but--ho was relying on the facts of.'this par- ' I'ticular) case. ': There was' ah award in 1899' Iwliioh-jexpircd in "1901,. and the application'; for , cancellation was prior to any dispute ! being preferred,by the. Union Company. _Ha 1 held that the Union. had a - perfect ■ right ; under Section 20 to apply for cancellation, i and apparently the Department 'thought so . too, as, shown by publication of .the notice: '; -; . His Honour: The-Registrar saysithkt it • was dorie.inadvertently.. v, >.r. , jVlr. -Belcher:.,l. do not -see how that' can. ,i .be;'.. At any.rate, we contend, seeing' that oiir application .for cancellation, .was.: jiiada'.i prior to any dispute being preferred against i us by the, employers, that our, application for : cancellation has priority, and tnat. tho. em< i ployers cannot step in to deter the org"anisa«.i tion from cancellation. If that-could ba ; done,' Clause 20 would be useless.', 1 His Honour: Do you know whether a sup«'j piemen tary notice was published in tho Ga* zette'purporting; to make'the. correction ? ....; Mr. Belcher: It has • never been supplied < to the Union. .The o # nly thing wo .got. was | a telegram from Mr. Tregear stating' that; "the notice was inadvertently'made,'arid that; i-h'o intended to rovoko it. That telegram wa: do not intend to take any inotico of. .... ' Mr. Kirby:. W'o have no feeling at all in; this'matter. If it is the intention, of ithei Union simply 'to alter .the , title .from the, Wharf Labourers' Union' to the WatersideWorkers' Union we will have pleasure, even : at this stage, in withdrawing our reference: so as to give an opportunity of making'the, change. • , ''• - rHis Honour; Are you registering you* Union under a new. name,! Mr.- Belcher?. ' , "Mr. Belcher: I submit that it is not a matter, of what our are. ... . j His Honour: But have you applied? Mr.' Belchor: We cannot do so, but I con« tend-that it is. not .'a/'question .of what -on*, objects' are." It is' a-! principle that we are] contending for. We have applied in proper! form, and we therefore contend that we have al prior right to have our registration can-: celled,' and that no one should be allowed! to step in and prefer a dispute and therob) prevent us. -I am. not here to discloso out: reason for cancellation. ■ It is matter ofj -principle and of law which affects every or». ganisation in New. Zealand. - i His Honour: Then the position will bo! that if. the Court decides to go; on with the case you will t contest the matter by', applying for prohibition?. •."• •? . . '. Mr. Belcher:. It'is; my opinion; that 'the! organisation should, not- be put to that l trouble, but the Union'have decided not to ! contost the case, and if the Court decidcs | to go on with it esparto that will bo a,' question for our consideration.' - ': j His Honour: What do you say Mr. Kirby ?i Mr. Kirby: We have made an offer, "imd ] if .tho oth'6'r_ 'side will riot* accept it wa : will go on with the dispute. ~; Mr. Belclier: If that is the case the Union i positively declino to go on with the case .' or. defend it. t • ■ '.The members of the Court having deliberated, His Honour said: We propose to I go on with tho hearing of the disputed The , cancellation' which the Registrar purported ! ■to have made is informal,; and wo shall j treat, it as a nullity and ignore it alto- •. gether. Wo fix next Monday st 10 a.m.! for the hearing, and if Mr. Belcher does ; not appear that is his concern. If Vi is not satisfied that the Court has jurisdiction he can apply to tho Suprome Court ! for prohibition....- ! ' Mr. Balchor: Do I understand that yoi ! rule that it must go oil? . . . \. : His Honour: Yes. . j Mr. Bolclior: Without evidonco as to tho; cancellation? , , His Honour: No evidence: is wanted. Th« I cancellation which tho Registrar purported j to mako is simply a nullity, and we proposa > to ignoro it.. . j