NOT A STRIKE.

Evening Post, Volume LXXIX, Issue 119, 23 May 1910, Page 8

NOT A STRIKE.

* i HOOKS OR NO HOOKS. JUDGMENT IN THE WANAKA CASES. In the Magistrate's Court to-day, Mr. W. R. Haselden, S.M., gave judgment in the cases brought by Mr. C. E. 41dridge, Inspector of Awards, against John Dowdall and 49 other wharf labourers, charged that on the 26th February, 1910, they became parties to a strike of workers, contrary to section 5 of the Industrial Conciliation and Arbitration Act, 1908. The facts of the case showed that for some years past the use of hooks on bag cargo had been prohibited. This order had been disregai'ded, and tho hooks were used. Cargo was damaged unless the hooks were used with skill and care. On the 26th February last the s.s. Wanaka arrived in Wellington, with 600 tons of cement in bags. The labour superintendent or officer of tho Union Steam Ship Company, engaged all the available labour to discharge the cargo. Mr. Haselden said that he was of the opinion that no absolute condition was made at the time of engagement that hooks were not to be used. The men started work at 9 a.m., and shortly after two men were warned against xising hooks and were subsequently discharged for using hooks on the cement. Work went on with moro or less discontent until dinner time, after which an order was peremptorily and absolutely given that men using hooks were to knock off work. In a few . minutes a man was found using a hook. He was told to put down his hook or come up out of the hatch. He camo up, and was followed by the rest of the men in that hold. They were followed by men in other holds on hearing that a man had been discharged for using a hook. The handling of cement in bags without hooks was much more difficult than with hooks. The cargo had not been regularly stowed, and the lugs were sometimes hidden, and the bags interlocked. No more work was done on Saturday, but after some conferences with the employers, work was resumed and finished on Monday, two extra men being placed in each hold. Wharf labourers, it was also set out, were not engaged for any fixed period, and could be discharged at any moment without notice. The case was submitted to the Arbitration Court for its opinion on the following questions : —(a) Did a strike occur under the circumstances quoted I (b) Have the defendants taken part in such strike'!' Tho opinion of the Arbitration Court was that it was clear from the cafe | as stated that there was a discontinuance of employment by the workeis in question within the'meaning of section 3 of tho Industrial Conciliation and Arbitration Act, 1908. Before, however, that discontinuance could amount to a dtrikb it must be established that the discontinuance took place in pursuance of an agreement or common understanding, either expressed or implied, between the workers concerned, and with the intention of compelling or inducing the company to agree to allow the u&e of hooks or to put extra men into the holds to do the work. The*e points were not dealt wifli in the ca*e as cited, and the court wa* imab""le to express an opinion on the questions, submitted. The case was accordingly remitted to the Magistrate's Court, with the answer that there was no striks uidess the magistrate ivas satisfied that there was an agreement or common understanding an above mentioned, and that work was discontinued in pursuance thereof, and with the intention above-mentioned. Having before it all the facts that were before the Magistrate's Court, the Arbitration Court had been unable to &ay that there had been a strike. Mr. Haselden said that he was of the same opinion, and he entered a judgment of non-suit in each euse. No costs were allowed either side. Mr. P. J. O'Regan appeared for defendants.

To-morrow Messrs T. Kennedy Macdonald, Ltd., are selling the content* of 151 Brougham-street (close to Wellington. Colloge gates), on account of Mr. D. P. Barrett, who is leaving the city. Included in the catalogue aro upright grand piano, Chesterfield lounge, oak diningroom t.uite, sideboards, and bedroom fciiitps. Iho Ealc will start at 11 a.m., and light rcfrc<hmonts will be provided. The firm will hold a sale of furniture, including billiarddining table, iliningroom suite, on account of jirs.. Leonard St. Lawrence, who is giving up housekeeping. The r-ale will be held on Wednesday, at 1.30, in the firm' 8 auction rooms.