ARBITRATION COURT.

New Zealand Herald, Volume XXXIX, Issue 11867, 20 January 1902, Page 3

ARBITRATION COURT.

APPLICATION :?OR ENFORCEMENT OF AG REEMENT. ' *» AMICABLE SETTLEMENT. . [BY TEI-P.'GRAPK.—OWN CORRESPONDENT, Hamilton, Sunday. The Arbitration Court met at Ngaruawahia yesterday before Mr. Justice Cooper (Pre-, sident). Mr. S. Brown represented the employers and Mr. R. Slater the" employees. The application was under the Industrial Conciliation and Arbitration Act, to enforce an industrial agreement made between the Taupiri Coal Mines Company, Limited, and the Waikato Coal Miners' Union. Messrs. Robert Grundy, William Leather, and Nicholas Hill appeared for the union in support of the application. Mr. C. J. Tunks ap-' peared for the company. -Mr. R. Grundy, on. behalf of the coal miners, reviewed the case at some length, and gave the principal facts concerning the charges. His Honor said the only charges before him were that the mine was not divided into - districts, and that the places were not numbered in consecutive order, and that a breach of clause 3 had been committed, because the manager did not call for three days before the cavil. The charge with reference to Cadman's discharge had been withdrawn owing to his , having left the district. He could not consider any charges unless they had been dealt with in the proper manner by the union, and this sitting., must bo limited to the two charges. From the evidence, it seemed that at the cavil taken in July last John Roberts drew No. 28. On the following day lie asked the deputy (Mr. Doricott), whore was the place he was to break / off. ;' The deputy " replied that Roberts would have to go to Shaw's place for a few days or weeks, as No. 23 was not ready. Ho worked five days "Slid then took ill. Two weeks afterwards the deputy told him lie would have to go into Laudin's place, which was very, wet. Witness could l not stand the wet, and laid the case before the executive,'and had been idle until tho next cavil. A number of witnesses gave evidenco that Roberts ' had drawn" No. 28, the place* to be broken " off at the'-; cavil, and that they had.heard? the deputy tell him so, and add ; that it'would not be'ready for a few days. The mine was not numbered bofore the cavil, as in terms, of the agreement. The deputy promised to put them up the following morning, but did not do so. After hearing a good deal of evidence, Mr. Tunks said that what the defendants suggested was that John Shaw's bord was No. 28. It was marked in the overman's'book in pencil, but did not appear ,in the cavilsheet. His Honor said John Shaw, had No.- 13 in the last quarter, and Iris name appears in the book opposite No. 25! in pencil over an erasure (all the other names were in ink), but it does not appear in the cavil-sheet. After examining the book with a magnifyingglass His Honor said: "It is my impression that there are pencil marks under the name John Shaw, and you will have to prove that No. 13 is No. 28. . It is a strange thing that although they were supposed to . be written together only one • name appears in the book in pencil. All the others are in ink. No. 28 is not John Shaw's place, as by Mr. Starr's sheet it is defined as a place to open. I have a statement by five or six witnesses that this was not John Shaw's place; also, a written statement by a servant of the company, while Shaw's name appears in the book over an "erasure. I suggest, Mr. Tunks, that you take half-an-hour in which to consult your clients." Upon resuming Mr. Tunks said it was quite evident that some mistake had occurred .in the confusion of taking the cavil in a hurry, and lie was surprised at tho turn the evidence had taken. Some difficulty had arisen with regard to the special work just before. The cavil was drawn too late for anyone to go down into tho mine and arrange for a special place and put up numbers. No. 28 was arranged for just at the last minute. At this stage His Honor suggested that the company - should pay the costs of the Court and the union, and make some com- : pensation to Roberts for idle time. The ' company accepted the suggestion, and offered 1 £10 to Roberts, which was accepted by the union representatives. J His Honor expressed the hope that the amicable settlement would lead to a continuance of the friendly relations between the ' employers and employees. \ The company then agreed to reinstate Ro- ; berts and another miner who - had been ' thrown out. , > ii" ■■■■■■■ ■■■„ -| _ _ - >''7' : ' T '