STRIKE PROSECUTION

Grey River Argus, 26 November 1920, Page 6

STRIKE PROSECUTION

WESTPORT WATERSIDERS. CASE DISMISSED. (From our Westport Correspondent.) WESTPOET, Novcnibpr 25. The Magistrate's Court here Avas on Wednesday engaged in the hearing of the case in which J. LoAvden X*- 111 " bour Department) proceeded against i S R- W. Skelton, and others, the prosecution arising out of a refusal by thirteen -Avatcrside workers to work the steamer Karori at Westport. Mr A. A. Wilson (Crown Prosecutor) appeared, for Plaintiff^ and Mr Jr, & Molony on behalf of the 'defendant' Avatersiders. Mr Wilson, opening the case said that on the nighf of August 11th the U.S.S. Coy. had two boats in port, the Kittawa and Karori. On the afternoon of tho night fn question, tho Company had all the labour* available . employed on the Kittawa. On g completion of loading the Kittawa, it was necessary to transfer the men to the Karori to complete her shipload, so that both boats could leave port by the morning tide, AA ? hich was high at 7 o'clock. Mr Interman, foreman, notified one of the leading men of the gang to transfer to Karori on completion of ; Kittawa. He intervicAvcd them at !"erib" time, and each refused to transfer. Tho Karo^ got away, but was 20 to thirty tons short . It was important that the boats should be got away. If they missed the tide, bad Avcafrhcr, might come on, and delay their departure. It was imperative they should get away first available opportunity. On this particular day ,and night the U.S.S. Coy. had employed all the available labour possible, and they had a perfect right to transfer the men to Avork the Karori. Delay in transhipment mcant^ loss to the U.S.S. Coy. Mr Wilson said the case Avouid turn on the point whether there Avere other men available to work the ship. He contended there were none, and AAas at a loss to understand. Avhy the men refused to Avork. The Magistrate said that refusing to Avork Avas not a "strike:" A "strike" inferred a discontinuance of a body of men to work as a result of a non-compliance Avith the men's demands. Here there was no proof that the men ceased work because a demand Avas not complied AA r ith. furthermore it must be clearly proved that the men refused to work Avith the intention of causing loss to their employers. Their refusal to Avork in this instance might come in an action under the Breach of Awards. Mr Wilson said when , the men refused to transfer the night foreman asked them for a reason and the men Avouid give none. Mr Wilson contended that ihat the intention of the men was to preA r ent the boat getting away with the intention of causing loss to the com-

pany. | Major Gill, called, said, in reply lo Mr "Wilson, that he was Master Mariner in the employee of the U.S.S Coy. He was engaged as wharfinger. 'f he award provided for two calls at the port of Westport. On the 11th, the day in question, work was called for \ 9 a.m. an 4 p.m. They had a busy day^ , He knew the Kittawa, and Karori would load during the night. All • available labour had been engaged during the day. All available labour was employed at the 4 p.m. call. The men were assigned to_ the Kittawa. The boats were expected to get away by the morning tide at 7 a.m. He left instructions at office at 4 p.m. for the men, to be transferred from the Kittawa to the Rarori. It was the usual thing to write the matter cf transference! on the sheet in the office but he could not swear having done so 'on this particular occasion: but he could remember informing Mr Interman that the men were to transfer to the Karori. It was necessary to get boats away by the tide — aolay in port meant loss to the Company." He stated he hadn't the- slightest idea why the m'en refused to work, and had no information at all that the men intended to refuse to transfer. Trcvious to this occurrence they had transferred, when as£cd to do so, if all available labour was employed. In reply to Mr Moloily, Captain Gill said he was in chv/gc of all the Company's loading. He had been in control for the last nine yfcars. All no* gotiations between the Company and the men passed through him. Their relations had always be amicable. Xo serious hold up or difficulty had occur*, red. The U.S.S. Coy. had not instigated the present charge, it was the Labour Department — Inspector of awards. Ho Avas entirely at a loss to understand why the xa.cn would not iiansfer. He could stated no 1 facts from which the Court could draw the inference that the ni'on's intention Avas to cause loss to the Company by not transfering from Kittawa to Karori. '.there Avas ready means of the men finding out if all available labour Avas engaged. It Avas always Avrittcn on the iist in the office. He Avas uncctain ,• of this on the night in question, but the foreman hod informed the.m en. In reply io Mr Wilson, Captain Gill said nc didn't Tcmcmber any dispute ' of this nature arising prevkmsly at the? waterfront. Mr Interman, foreman ganger called i Raid he was on duty between the -hours I mentioned. All Tnon wer'o engaged on the Kittawa. He Avas instructed to