ARBITRATION COURT

Dominion, Volume 14, Issue 298, 10 September 1921, Page 9

ARBITRATION COURT

THE VACANT SEAT PROPOSED RE-NOMINATION OF MR.” M'CULLOUGH Mr. M.. J. Reardon, who, as deputy nominated member of. the Arbitration Court, has been summoned by the Court to fill tho vacancy caused by the resignation of Mr. M'Cullough, is at present considering whether he should accept the call. He will probably announce his intentions next week. The Amalgamated Society of Shop Assistants on Thursday night carried a resolution expressing the opinion that grave injustice would be done to unions in Auckland which had disputes awaiting hearing, if Mr. Reardon declined to sit. MR. M'CULLOUGH RKNOMINATED. ,By Telegraph—Press Association. Christchurch, September 9. At. a conference of representatives of local ‘unions and the Labour members of Parliament this afternoon, the, following resolution was carried-.—" That this conference heartily endorses the decision'of' the Wellington conference in nominating Mr. M'Cullough as the workers’ representative on the Arbitration Court, and requests all unions throughout.. the Dominion to nominate Mr. M'Cullough as a p'rotest against the recent action of the Arbitration Court. VIEWS OF AUCKLAND UNION SECRETARIES. By Telegraph,.—Press Association.

Auckland, September 9. The appointment of a successor to Mr. M'Cullough on the Arbitration Court was considered at tho Trades Hall by union secretaries representing 30 Auckland unions. A telegram was received from Mr. Reardon stating that the opinion had been expressed in Wellington that he should not'attend the Auckland sitting of the Court, and asking for the opinion of the unions on the matter. It was decided that a reply be sent to Mr. Reardon advising him not to attend. It was also resolved to unions having business before the Court at tho . next sitting to ' stay away until the present dispute was settled. The meeting further decided, to ask Mr. M'Cullough to reconsider his decision not to seek re-election to tho Court. It was agreed by those present to urge their unions to nominate Mr. M Cullough, it being felt that to ( nominate him again was the best way ifor unionI islta to show their confidence in him and their resentment of the action of the Court. Tho opinion vw expressed 'that a. crisis had been reached >n the history of industrial arbitration in this country, and that it was for the workers to' take a stand now, and show that unless pronouncements made by the Court could bo depended on, it was time for a change to be made. A STATEMENT DENIED. By Telegraph—Press Association. Christchurch, September 9. Asked if he had anything to : say about Mr. M'Cullough’s statement that his two colleagues on the Arbitration Court had broken their pledge to him respecting a "gentlemen's agreement," Mr; Scott (employers’ representative on the Court) gave statement an unqualified denial. No such promise was asked for. NEW ASPECT OF THE CASE IS IT COMPETENT FOR* MR. REARDON TO SIT? Probablv most people have assumed tha? irl the 'present situation the only thing necessary to enable the work of the Arbitration Court to proceed in normal fashion is the consent, of Mr. Reardon to take A seat upon the bench. There is, however, some season for believing that it may not be competent for the deputy-nominated member of the Court to fill a vacancy created by resignation. The "Otago Daily Times,” in a leading article published on Thursday stated: — - . "The impression may ( obtain that it 'is a simple matter for the deputy representative of the ijrorkero on the Court to step into the' breach, so that there may;be no interruption of its sittings. The' law does not, however, sanction .any such procedure. . . • The acting-nominated member may take the place of the nominated member should the latter be temporarily unable owing to illness or other cause to attend the sittings, but it is not contemplated j.hat a vacancy on the Court caused by a member's resignation shall be filled, even for the time being, in this manner. , . . It will he ■ seen, therefore, that Mr. M'Cullough’s resignation creates the position that the workers’ unions have no nominated member on the' Arbitration Court, and cannot be represented by any such member until: they have elected somebody to take Mr. M'Cullough’s place in the manner prescribed by law. As the Court must consist of three members the resignation, must have the effect of paralysing its.activities, and rendering it incapable jo" performing its allotted -'unctions until a successor to Mr. M'Cullough is elected in the proper manner, a process that must occupy several weeks. Whatever methods may suggest themselves to the authorities as , means of obviating the temporary paralysis of tho machinery of the Court must in the circumstances .be ultra vires." V /- ’ . ..