FREEDOM OF CONTRACT.

New Zealand Herald, Volume XXXVI, Issue 11198, 19 October 1899, Page 7

FREEDOM OF CONTRACT.

RECENT DECISION OF THE CONCILIATION COURT. MANUFACTURERS' APPEAL TO THE INDUSTRIAL ASSOCIATION. At last night's meeting of the Auckland branch of the New Zealand Industrial Association tho following important communication was read:-"Secretary of Industrial Association. Dear sir,-I am instructed by the Auckland Boot Manufacturers' Union to request you to bring under the notice of the ~2 f n^t^r ent Court, in the dispute between the Federal Bootmakers Union of Now 7o*i , 7 tea Auckland Boot Manufacturers' Union" and" m the interest of the employ ers ;Tould r e* quest an expression of opinion J" re " executive as to the best conr-o ( i your obtain what we consider one of tlin f P ' l ° mental principles of equity to both 1 f " nt ' a " and employee, viz Si '' empl ° yer Hoping your executive will » in its tarty .i"5 Tinn'-'" E - The' JS pI ELI J -°™- ffiw ' I'.mpioyers sSI workmen l association in preference to members, provided there a?e members of tlm qualified 1 witlT noniberl'to t" 7 Mwb, m, If 1 " s «i* ™ii d taeen tuo Auckland Bootmakers' Union of Workers and Mr. Trenwith l.„„> , turcr of a,,„m , '' boot manufaeti rer, of Auckland, respecting the internetation 01 clauss 2, in award of the Court of said dispute laVllne.JleardI aVl l ne .J leard th ' parties to the saul dispute, I decide as follows :-l. That Mr.lrenwiOi did not intentionally 'violate the hi U "Ln n nl, C|lle ' Stlon ' en he placed certain of his lenchmenn on short time. 2 Tl, according to clause 2 of the award it is required (a) That in the engagement of fresh hands preference must bo given to members of tho workers union; (b) that when the wtory goes on short time, the preference of work must be given to members of tile workers un'on, 'provided there are memW of the workers union who are equally qualified with non-members to do the par ticular work required to be done, and ready Hid willing to undertake if; ( c ) that wlfbn, by reason cf shortness of work, men are discharged, preference of work must bo given to members of the workers' union, 1 provided there are members of the workers' union who are equally qualified with non-members, to do the particular work required, and ready and willing to undertake it.'—A. H. Collins Chairman of the Conciliation Board." The Chairman (Mr. M. A. Clark) explained hat Messrs. Trenwith and Son had, when trade was slack, take ? union and non " un Hmo °V V lme •*? , placed them 011 Bhort time. t Mr. Tl '. e, " vilh believed that the,matter of distinguishing between union and nonunionists only applied to first appointments, but the chairman of the Board now held that hen trade was slack non-unionists had to go It meant that in a short time there would be no non-unionists. He believed it was the intention of the bootmakers to oppeal to the Privy Council, but the association Stated that there was no appeal against the derision. Mr. A. C. Whitney: That is decidedly a favour. The Chairman said it was held that tho decision of the Court was ultra vires, and perhaps it would be better to take a case to the Privy Council. Mr. Graves Aickin thought that a test case should be taken on behalf of the unions of the colony. The New Zealand Legislature he thought, could not pass laws that were against the principles of tho common law of England. It was decided, on the motion of Mr. Aickin, to communicate with the Industrial Corporation of New Zealand as to whether such a decision was ultra vires, and whether on appeal could be made to the Privy Council with the object of ascertaining whether the decision would hold good.