ARBITRATION COURT

Evening Star, Issue 16710, 17 April 1918, Page 4

ARBITRATION COURT

Skcond Day.—Wednesday, The Arbitration Court resumed their sitting hcie this morning, His Honor Mr Justice Stringer presiding. TAR AT LI COAL MINERS. In this dispute Mr Arbucklo appeared for tho Union and Mr Cookson for the company. Mr Axbuoklo said that a partial agreement had been como to before the Conciliation Council. Ho would like the Court to nets that the future workings of this mine would be lower down than in tho present seam, which was estimated to last about six months-. After that the men would ba entering into a seam which was harder than tho present one. There was no agreement in regard to Taratu. It was simply a verbal agreement. Mr Cookson said there was no agreement at Taratu for six years for Ihe reason that the.ro was no union there. Everything went along satisfactorily. Tho President: When was tho union formed ? Mr Cokson : In January, 191.7. On the 4th of April, 1916, an offer of a 10 per cant, war bonus was made to the men. This was accepted, subject to all conditions and rates remaining as at present. This was accepted, and the war bonus was paid from the 10th of that month. On the 14th oi Noyr-mlor, 1916, the management met a deputation from the men, who asked for some alterations to the agreement, and they were told that no alterations to rates or conditions could bo made, as the agreement was for tho duration of the. war, and if they were not satisfied they had bettor take the company before lire Arbitration Court. Nothing, however, was done, but in May, 1917, a conference was held in Wellington between tho Miners’ Federation and the mine owners. At that- conference, although no definite arrangement was corns to. there was an understanding. Subject to all rates and conditions in all the mines remaining a-s at present, it was agreed to pay an additional war bonus of 10 per cent, to wages men, and 7£ per cent, to piece workers. All the mines now had fixed up on that agreement. There might* l>s come slight alterations, but the rates generally had been kept as they were Til ere hud been no alteration in tonnagS or hewing rates. So far as Taratu wow concerned’ an offer of this additional war bonus was made to the, men on the 13th of Juno, 1917, and was accepted on the following day. On the 22nd of June tho general manager went to the mine for the purpose of executing tho agreement. He was 1 told that before the union would execute it, it had to be submitted to the federation, and or. 9th July last the mine manager was notified that the union would not sign (he original agreement, and submitted one of their own, which he, o! course, woo'd not consider Ihe additional war bonus was paid from the 18th of June last, and was still being paid. On tho 28th July last the management met a deputation from tho men, who asked for some alterations in the agreement, and they were told that no alteration could Ivo made, Nothing more war, heard until tha 19th January last, when the proprietors received a copy of the miners’ proposed agreement, with a notice to appear before the Conciliation At that sitting of the council certain minor alterations In the conditions wero agreed to. On the question• of rates, tho company stood firm. In regard to the clause in dispute, tonnage and truckers’ rates were set out in tho statement. Tho company held that there was no dispute in respc-i-t to rates. The President asked it Taratu were re presented at tho conference held in Uutfton. Mr Arbuckle! Yes. Tho ITesident: Did they in wit* tho general arrangement then made! MrArbuckle: No. Mr [Scott (member of the Court) said that none of the unions did so then, but thev had done so since. They had accepted tho increased war bonus on tk< arrangement come to at the conference. The President: Do you suggest tlu» additional war bonus was paid without any agreement? ■ Mr Arbucklo: Yes. Tho President: I should find it hard to accept that. Mr Arbucklo: There is no agreement in Taratu to-day. Mr .Scott : Thors is. A verbal or written agreement is just a.s 'binding. Tho President: You cannot sue for a penalty, but you can for a breach of contract. 'You have the legal right. Evidence was then called by both sides. Tho President, after conferring with tho other members, said it seemed quit? clear that tho Taratu miners were grained a war bonus of 10 per cent, in 1916, tha condition being that tho then _ working arrangements should continue in force. That arrangement icontinnod until tha conference was held in Wellington in May. 1917. Aa a result of that conference- the miii-eowtiers generally mccie proposals to the different unions working in the different mines to grant- an increased war bonus. That was accepted by tho unions generally throughout tho Dominion. The sarna proposal was mads by the management to the Taratu miners. 16 was quite clear that tho whole thing was done quite formally and in order. The mine manager mads tha proposals to tha man, and they accepted them ou the 15th of June. Iha mine manager was now unfortunately dead, but he had recorded the result of tho mooting in a letter addressed to tha company on tho 14th of June. He put tho position perfectly clearly ._ Tho agreement was prepared embodying the old conditions, and making provision for an extra bonus. That agreement was typed aud sent for execution by the union. They refused to sign. In tha Court’s opinion they wero wrong in refusing to sign, and should have carried out tho agreement entered into. It was a fair aud reasonable agreement, which would have put them on tho same footing as all other mines in the Dominion. That being so, it was a gross broach of faith on their part to try and secure some mors ravorable conditions in regard to various matters covered by the agreement. There was only one point where there might be some ground fa? dissatisfaction, aud that was in regard tho rate to bo paid for the work on the new seam, or what might be termed the fresh opening uu of au old seam It wimb impossible for the Court to say what thi» position was in regard to that. They would require expert assistance, Tho best way to deal with that would be fay the union and the management to en-dfta-vor to come to some satisfactory arrangement when the new workings were opened up. If they failed to coma to an arrangement tha Court would reserve the right to make a supplemental award. In nil other respects they found that the _agrsemenfc arrived at should he embodied in the award. SHIFT ENGINEERS. The Court fito, in the afternoon to how the shift engineers’ (electric power-houeo) dispute, in which no rc-cornxnendaticn wai corao to before the Conciliation Council, Mr Doig appeared for the union, and bfv Lewin for the City Corporation.—Mr Ddf said that the oniv clause in dispute waj that of wages.—-The Court were considering the matter when we went to press.