ARBITRATION LAW

Dominion, Volume 2, Issue 498, 4 May 1909, Page 6

ARBITRATION LAW

I . AN /IMPORTANT POINTi •to* T*LEQBI?H—PfIIS3 ASSOCIATION.) i. ■ Auckland, May 3. ; In a memorandum to its award in fhe Cabmen's dispute, filed to-day, the Court of Arbitration makes some* .important 'remarks . upon what constitutes a union of workers. It Bays Mr. Grosvenor. who appeared for the employers, challenged the jurisdiction of the Court to make an award on the ground that at the time when tne demands of 'he union were "formulated all jthei 'members thereof wore not workers,within the meaning of the Act, It was proved during the hearing that at the time when e the demands of the union were being discussed the union had as members three men who owned cabs, and drove them on their own account without employing any labour, and had as members also about twelve othor men who were driv- ; ing cabs belonging to, oilier persons on what is known as the i share system, which makes thorn partners with, and not servants of, the owners... It was stated at the hearing - that these men had retired from the K union in consequence of what, was. said by the Court during the hearing of some enforcement cases last year. v i It Ms no doubt improper that men who are competing in business with employers should be, allowed to become members of a union of workers, but it is clear that tie. fact of some such 'persons being members of a .duly registered -union of workers does not deprive that union of its right to bring an: industrial dispute.' before the Court, and to obtain an award! Of course, if it wero clear that a union, of supposed workers was not realty a : bona .fide union of workers, or that a union of workers was being used by one set of business men, to harass another set of business men, the Court wpuld. refuse to make any award on 1 the application of such-union. That, however. 18 position in the present ca-se, ana nothmg has been brought out to justify, the Court; in refusing to make: an * award. 1 -. It might be desirable, however, to have the Industrial Conciliation aiid Arbitration Acts amended so as to provide that-no person carrying on business shall be allowed to bocome a member .of any union of workers employed in connection, with, suoh business, and that if person who is properly a memoer of raoh union engages in such a business he shall immediately cease tOsbe a member of such union.