“I Will not Sit"

Hawke's Bay Tribune, Volume XI, Issue 243, 18 October 1921, Page 5

“I Will not Sit"

MR. M‘CULLOUCH'S DECISION. “NEITHER HONOURABLE NOR DESIRABLE.” POSITION EXPLAINED TO UNIONS The following letter, giving in detail his reasons for declining to again sit on the Arbitration Court as at present constituted, has been received by local Labour unions from Mr. J. A. McCullough :— Dear Sir, —Since setting forth for the information of the National Conference of the Alliance of Labour, and for general publication, the reasons for my resignation from the Court of Arbitration, 1 have refrained from discussing the matter with the many editors and others who have adversely criticised my action. But 1 feel that some explanation is now due to the trade unions who have so unanimously renominated me to the position. “THE BROKEN AGREEMENT.” In the original statement of my reasons for resigning, I made it abundantlv clear why I had done so. It will bear repeating. I resigned because an honourable understanding—“a gentlemen’s agreement” which could not be put in writing—had been broken bv my two colleagues on the court. This agreement was in respect of the pronouncement of May 14th last when in withholding the 5s cost-of-liv-ing bonus then due, the court undertook, in lieu thereof, that in so far'as they were concerned, wages would be stabilised, that is, kept at the then existing rate for twelve months. The withholding of the bonus was strongly opposed by me, and the ultimate increase of the term of stabilisation to twelve months was made in order to meet my opposition to some extent, and in consideration of my allowing the pronouncement to go forth as the unanimous decision of the court, when otherwise I should have recorded my entire dissent from the whole proceeding, and the unions would presumably have been far more active in voicing their disapproval of the court’s finding than was the case. That I should thus have been made use of to camouflage the position of the court, made futuie service by me on the court impossible, and I resigned immediately the judge announced the 20 per cent reduction of shearers’ wages. “CANNOT SIT WITH PRESENT COURT.”

The existence of this “gentlemen’s agreement” has been denied, as was to be expected. It would be something uncommon, if not unknown, in human experience, if the persons who break an honourable understanding should scruple to deny that such existed. The reasons for my arc equally reasons why J cannot consent to sit again after my re-election. In answer to many inquiring friends asking as to my future intention, I unhesitatingly assured them that “I would refuse to sit with the present court under any circumstances.” Notwithstanding this definite assurance, the National Conference, to whom I had forwarded my reasons for resigning, decided to again nominate me for the position. This determination was followed bv decisions to the same effect by the Trades and Labour Councils in the four chief centres, and by several federations and unions. At a thoroughly representative meeting of trade union secretaries in Christchurch on September 9th, at which I was present and reiterated my determination, it was decided that, whatever my views were, their duty was to recommend the unions io nominate me, as only in this way could they endorse my action and show their confidence in md. It was urged that for them to nominate another person and have him appointed would be to condone the action of the court in breaking its solemn pledge that the stabilisation would remain effective until April, 1922, a pledge made to myself and through mo to the unions. “VEXATIOUS AND ANOMALOUS POSITION.”

I have no quarrel with all these decisions, although they have placed me in a most vexatious and anomalous position. In answer to several inquiries after the above related events to to whether I was prepared to accept nomination, I replied as follows: “Unions appear determined to nominate mo against my wishes. If I am re-elected, will only hold position long enough to enable movement to elect successor free from present excitement.” These telegrams appear to have been understood by some as an intimation that I had gone back on my determination not to sit again with the present members of the court. It was not so intended by me. I wanted to loyally accept what appeared to me to be the almost unanimous wish of the leading trade unionists of the Dominion, that I should allow the unions to renominate me for the position, thus giving opportunity lor their protest, and, in addition, possibly preventing an unnecessary appearance of disunion in our ranks by reason of the nomination of a large number of camlidates and the consequent election of the new member of the court on the vote only of a minority. • TO ENABLE DEPUTY TO SIT. This ought to be obviated if possible. I therefore propose to retain the position (if permitted) until the Christmas vacation or such earlier date as can be arranged, but I will not sit on the court. This will, 1 enable the deputy member to sit, and the court to function, and will permit of a conference being held if it is thought desirable, or at least of an interchange of opinion with a view to a name being recommended to the unions, and the election being held during the Christmas vacation. I would be less than human if 1 did not appreciate the honour which the movement has done me by re-elect ing me in such a unanimous and handsome manner. While life and reason last, 1 will appreciate this mark of the movement’s confidence in me, as 1 will also treasure the many appeals made to mo personally that I should continue in the position, by those in the movement whom I respect and admire. 1 regret exceedingly by inabiL ity to comply with so unanimous an expression of feeling, so flattering to myself; but in declining, believe that I am rendering the movement the best possible service. NO MISUNDERSTANDINGS. To again take my place on the bench would be a declaration that I had misunderstood my late colleagues. I am not prepared to admit that there was any such misunderstanding. Nor do I believe the position was misunderstood or could possibly have been misunderstood either by them or myself. I therefore submit that it would neither be honourable nor desirable for me to retain the position for any longer period than will enable the trade unions to nominate a successor • with whatever unanimity may be possible. Yours fraternally, J. a. McCullough.