MINERS’ OUTPUT

Dominion, Volume 23, Issue 51, 23 November 1929, Page 12

MINERS’ OUTPUT

PARTIES AT LAW By Telegraph.—Press Association. Invercargill, November 22. Described as a test case of Dominion importance, a case concerning the payment of miners and the system by which their output is measured was brought before Mr. W. H. Woodward, S.M., in the Magistrate’s Court yesterday. The action was between Samuel Mason, Peter Lowe, George Wilson, Robert Mclvor, all coal miners at Nightcaps, and the Wairaki Coal Co., Ltd., Dunedin, colliery proprietors. The plaintiffs were represented by Mr. P. J. O’Regan, of Wellington, and the defendants by Mr. J. F. B. Stevenson, also of Wellington. Some interesting questions of law were involved in the case, which was in the nature of a test case, said Mr. O’Regan. The Miners’ Union was not now a registered industrial union ; it was so formerly, but had cancelled its registration. It had been the custom in this mining district that three boxes should go to a ton. In January, 1928, larger boxes were installed, and the work was done on a basis of two boxes to the ton. The miners were dissatisfied with this, and at their instigation a test was made. This was done after a meeting at which a strike was spoken of. Subsequently it was.decided to defer action until the new agreement was discussed. The miners sought to be paid by weight, and would not agree to be paid by the box. When the test was made it was found that two boxes contained nearly 821 b. in excess of a ton. It was then decided to take legal action in the form of a test ease.

Mr. Stevenson said that he would move for a nonsuit. The evidence before the Court had disclosed that the custom at the mine for years past had been that a ton was not a ton of weight but a ton of measurement. The parties had agreed that np to a certain stage a ton should bi three boxes of a certain weight and at a later date two boxes of a certain weight. The evidence showed that throughout the district there were no weighbridges in any of the mines except the Linton, which was outside the association to which Wairaki belonged. The law seemed to be quite clear that the parties were bound by custom.

The Magistrate reserved his decision.