ARBITRTION COURT

Nelson Evening Mail, Volume LVI, 19 July 1924, Page 5

ARBITRTION COURT

OPENING ON NEW YEAR’S EVE

WATERSIDE UNIONS’S REFUSAL

TO MEMBERSHIP

(United Press Association.)

GREYMOUTH, This Day. The Arbitration Court allowed the appeal of Mr S. Tyson (Inspector of Awards) against the Magistrate’s decision on February 12th dismissing n charge against local _ tobacconists opening shops*on New Tear’s Eve in addition to the ordinary late night the same week. Tho Magistrate held that the opening was permitted by danse 20 of the award. Mr Justice Frazer to-day said nothing in the award could co-operate in contradiction of the Shops and Offices Act. The Court had been delegated legislative powers, but could not go contrary to the Act, any more than could a local body in contravention of the Municipal Corporations Act. Mr Tyson also' appealed for a ruling as to whether the Wa.terside.rs’ Union, i i refusing membership to a certain applicant, against whom there was no strong evidence of had character or insobriety had lost thereby his light to preference. The union secretary, Mr Kirk, stilted that- two men left- work on the wharf owing to the applicant’s behaviour. Several complaints had been received from other watersiders respecting the applicant’s alleged bullying habits. The applicant, was expelled from the. Union for arrears in subscriptions, which later were paid. He applied for readmission. The applicant hud used abusive language towards Mr Kirk. Judge Frazer declared that within the strict legal definition ‘‘good character” might cover the applicant's case and his reasonable sobriety was unquestioned. Questions of the Union’s justification for refusing membership led to broader interpretation of character which included temperament, etc. The Court could not hold the Union’s action,frivolous nno therefore the right to preference was not sacrificed.”