THE TRAMWAY DECISION.

New Zealand Herald, Volume XLV, Issue 13814, 29 July 1908, Page 8

THE TRAMWAY DECISION.

'/A NEW PRINCIPLE." ' CHRISTCHURCH PRESS COMMENTS. [BT TELEGRAPH. OWN CORRESPONDENT.] /-: Christchttrch, Tuesday. The Press comments strongly on the decision of the Special Board appointed to deal with the Auckland. tramway strike. It states:—"Apart from the far-reaching character of the Board's finding the whole of the proceedings leading up to the appointment of the Board are open to serious question. The manifest duty of the Government was to enforce the. law which makes the act of striking illegal. Instead of doing this the Government brought pressure to bear on the Tramways Company to agree to refer the dispute to a Special Board, with Dr. McArthur, a Wellington magistrate, ■as chairman. In our opinion: the Government acted very improperly in pressing this course, and the company was very weak in succumbing to such pressure. It is true there is a section in the Act providing for the appointment of a Special Board in certain cases', but it was obviously intended that such Boards should be subordinate to the Court, and not made superior to it, as in the present case. The Boa.rd has laid down an entirely new principle in regard to the law of employment. Hitherto it lias been considered competent for an employer to dismiss any employee on giving him due notice. The Auckland Tramways Company, under the direction from the Board, will have in addition to give a ' valid reason' for such dismissal Who is to judge of the validity of the reason? Whether the Tramways Company, the employee, or a Special Board to be set up, for the purpose, is not stated. On the other hand there is no corresponding obligation on the employee, who will be able in the future, as in the past, to leave the service without vouchsafing any reason whatever, whether ' valid' or otherwise.

"Dr. McArthur knows, or ought to know, that no employer is compelled by law to give a ' character' unless he chooses. The finding of the Board, however, goes very much further than making it compulsory on the part of an employer to give the character of a' servant. It actually lays it down that the employer shall be compelled to keep his servant in his employment until hr is prepared to give a 'valid' reason .for his dismissal. This extraordinary finding, will hardly strengthen the hands of those who would like to see a portion at least of the Arbitration Court's work taken over by the stipendiary magistrates."

A CONTRAST IN METHODS.

SYDNEY AND AUCKLAND

[BY TELEGRAPH. — CORRESrOXDEST.J Wellington*, Tuesday. Under the heading of "What A Contrast" the Post comments as follows on the official action taken in regard to the Auckland and Sydney tramways strikes: —" The contrast between the action of the New Zealand Government in the Auckland strike and of the New South Wales Government in the Sydney strike is ie markable. , Each Government has a law to apply against strikes, and a Court specifically created for reference. The New Zealand Government took no action against the strikers, and referred nothing to the Arbitration Court, but created a Special Conciliation Board for a purpose not contemplated by the law, and authorised this Board to judge the offence upon side issues without regard to the Court. The New South Wales Government is resolved first and foremost* to maintain the law, is prosecuting strikers and instigators of the strike, . is refusing to remit the matter to any special tribunal, is upholding the authority; of the Industrial Court, and has decided that malcontents claiming a grievance must submit to the law before their claim can be recognised. As a result of this wellfounded determination not to permit the community to be terrorised, it is reported that the threat of a general strike is less likely to be carried out. The Government's firmness has, apparently, deterred sympathetic unions from further revolt. How different in New Zealand, where the Government's weakness has encouraged revolt." : r/i. ';."'

RESOLUTION OF PROTEST.

TO BE'FORWARDED TO THE PRIME

MINISTER.

At the annual meeting of the Auckland Master Butchers' Association __ great indignation was expressed at what was characterised as the one-sided judgment delivered by Dr. McArthur in connection with the recent tramways dispute. The following resolution was unanimously carried: —

That this meeting enters its most emphatic protest against the recommendations of the special Board of Conciliation in connection with the tramways dispute, and contends that the precedent thus established, whereby the company must in future give a satisfactory reason to every employee for his discharge, is contrary to nil known usages, and will undoubtedly be the moans of greatly restricting the investment of capital in the industries of the Dominion; and, furthermore, that it will have the effect of tending to destroy that peace and harmony between employers and employees which is so essential to the welfare of every business. '

It was decided to forward a copy of this resolution to the Prime minister.

."A DANGEROUS PRINCIPLE."

[Ui" TELEGRAPH.OWN CORRESPONDENT.] Hamilton, Tuesday.

At the annual meeting of the Hamilton Chamber of Commerce, last night, Mr. Watts said as this was the first meeting of a chamber of commerce since the decision given by the Tramways Board of Conciliation he did not think it would be out of the way to express an opinion on the decision. .He moved : " That this meeting puts on record its disapproval of the principles established by the award of the Tramways Commission, viz., that the employer of labour has not the same right in dismissing an employee on ordinary notice that the employee has of quitting the service of the employer, and that this meeting considers the principle to be a dangerous and. undesirable one." Mi:. Davis, in seconding the motion, said he did not think it sufficient to simply record the motion on the books of the Chamber. A copy should be sent to every chamber in the Dominion, to the Minister for Labour, and the Prime Minister. It was a disgrace that such a decision should go forth, and be likely to become law. Mr. Watts agreed, * and the suggestion was adopted.

THE SUBSCRIPTION. We have received the following sums in response to the letter signed "Justitia," in which the writer suggested that a purse of sovereigns should be presented to each of the two motormen who refused to break the law by going out on strike: —

Previously acknowledged ... ... £5 18 6 Civility Pays ... ... ... ..... 0 10 0 Keiauera . ... ... ... . ... M o 10 0 J. Thornes ... ... ... o 10 0 R-N-. I _•••■- ... 0 5 0 Ancient Seer ... 0 5 0 T.J ■ -o '-\. • -"'■ - 0 5 0 Edwini Fairburn ... .'„ "* 0 5 0 Paid Agitator 0 5 0 Scotchman ... ' ■ ... 0 5 0 Sympathiser ... ... '' 0 5 0 Eemuera Resident ... ... 0 5 0 N., Nguruawaliia ... ... ..... 0 5 0 G. Healey ....... ... ... 0 5 0 Englishman ... ... ... 0 3 0 A-H- ... ... .;.- ... ... ... 02 6 Oswald Metcalfe ... 0 2 6 Friend , ... ...• ;.. ... ... . .0 2 6 T.W.D. ... ... ... ..; ; 0 2 6 English Lass ... ...020 Ah Admirer ... ... ... ... ... 0 2 0 K Garton ... ... "■ ... ... \" % o 2 0 we. AJ .■ ..«■ ... ... .'. -0 2 0 An Admirer ... .0 1 0 A.A.E. '.aw ... ... „ „, ... oi»