ARBITRATION AWARDS

Dominion, Volume 38, Issue 2, 27 September 1944, Page 6

ARBITRATION AWARDS

Effect Of Emergency Regulations The overriding effect of the emergency regulations relating to manpower, aud lock-outs and strikes, on awards of the Court of Arbitration was raised in the Supreme Court, Wellington, yesterday, when the appeals of Bertram-Allen, William Sandford, and Percy George Johnson, employees of the Wellington Harbour Board, against the decision of Mr. Goulding, S.M., in the Magistrates’ Court, fining them for refusing to work when lawfully ordered, were opened before Mr. Justice Smith. The point was raised by appellants’ counsel, Air. W. E. Leicester, who pointed out that the Court of Arbitration continued to sit and make awards which, it might be held, were overriden by clauses of the regulations insofar as the awards were made iu regard to workers engaged in essential undertakings. In course of the legal argument his Honour remarked that he had to view the matter from both sides. If the workers were compelled to work overtime by the regulations, (he terms of the regulations dealing with lock-outs might also be applied in such manner that the men might go to the employers and say. “You normally employ men to work this ship in overtime. We demand that you do so on this occasion,” and the employer might have to work the ship in that manner, though it might be unnecessary, or be guilty of a lock-out. The Crown Prosecutor, Mr. W. H. Cunningham, said he had not come to Court prepared to argue the point, and the appeal was adjourned for one week to permit him to prepare his reply.