ALTERATION OF AWARD.

New Zealand Herald, Volume LXVI, Issue 20302, 9 July 1929, Page 13

ALTERATION OF AWARD.

ATTACK BY EMPLOYERS.

UNION MEMBERSHIP INVOLVED. POWER OF COURT QUESTIONED. [BY TELEGRAPH. —PRESS ASSOCIATION.] WELLINGTON, Monday. Tlic Full Court consisting of the Chief Justice, Hon. M. Myers, ami Justices ilexdman, Adams, Blair and Smith, was engaged this afternoon hearing the case of Arthur Edwin Butt, of Invcrcargill, tobacconist, Vivian Simeon Jacob, of Dunedin, tobacconist, and the Dunedin Tobacconists' Industrial Union of Employers, plaintiffs, against Mr. Justice Eraser, Mr. George Thomas Booth and Mr. Alexander Lamont Monteith, members of Arbitration Court.

Plaintiffs arc moving to have the Dunedin, Oamaru, Gore and Invercargill Tobacconists' Assistants' Award moved into the Supremo Court and certain parts thereon examined and quashed by tlio Court. The award was made on March 4, 1927, and by a subsequent order made on March 12, 1929, the Arbitration Court altered the terms of the award to tho effect that all persons employed as assistants in hairdressers' and tobacconists' shops within the area affected by tho award must become members of the Otago Hairdressers' and Tobacconists' Assistants' Industrial Union of Workers; that all such assistants not becoming members of tho union should bo dismissed from employment and only members of the union bo employed by such tobacconists and hairdressers.

The employers are attacking alterations of tho award oil the grounds (1) that they did not consent to the order varying tho award and such consent is necessary by law; (2) that tho alterations are beyond tho jurisdiction of tho Arbitration Court (inter alia) because the provisions amount to the creation of compulsory unionism; (3) that tho order places an unwarranted restriction on employers in the choice of employees. Mr. J. F. 13. Stevenson appeared for tho plaintiffs and Mr. F. W. Ongley for the defendants. The Court adjourned and tho casa will proceed to-morrow.