COURT INCIDENT

New Zealand Herald, Volume LXXV, Issue 23196, 16 November 1938, Page 17

COURT INCIDENT

I MEMBER'S DEPARTURE HEARING IN ARBITRATION ME. MONTEITH'S ACTION OBJECTION TO PROCEDURE The unusual course of leaving the Bench during the hearing of a case as a protest against alleged incorrect procedure was taken by Mr. A. L. Monteith, employees' member of the 'Arbitration Court, during a sitting of the Court/, yesterday morning. Mr. Monteith remained, absent from the Court for the remainder of the hearing. which concluded during the afternoon. The incident occurred soon after the Court had begun to hear an application from the Auckland Houses of Entertainment and Places of Amusement Employees' Union for n new award covering tho Northern Industrial district. Members of tho union comprise cleaners, caretakers, ticket sellers, doorkeepers and ushers. The case was the last of a long list heard in Auckland since August 4. Employers' Advocated Request At the beginning Mr. W. E. AnderBon, advocate for the employers, asked to be permitted to make a statement about the application. Ho said that at nn earlier dato both parties had agreed that the dispute should be heard in conciliation council at Wellington in conjunction with a dispute affecting employees in Taranaki, Wellington, Nelson, Marlborough and Canterbury. Those proceedings had been held and delegates from Auckland, representing employers and employees, had been present. Complete agreement had been •reached.

Mr. Anderson said hj« had underitood that the Auckland award would consequently be based on that agreement. As he did not wish to waste further time on the matter lie de~ gired to state the employers' case and then leave the Court. Mr. Monteith said that Mr. W. T. Quealy, advocate for the employees, had the right to speak first as representing tfao applicants for the award. What Mr. Anderson proposed was contrary to the usual procedure. ' Mr. Monteith Leaves Court Mr. Justice O'Regan permitted Mr. Anderson to proceed, but the latter had just begun to speak when Mr. Monteith left the Court, indicating that lie would remain absent for the rest of the day as a mark of protest. In spite of Mr. Mont.eith's absence, Mr. Justice O'Regan and the employers' representative, Mr. A. L. Prime, continued the case, this being permissable under the Industrial Conciliation and Arbitration Act, which states that a quorum consists of two members. The hearing concluded during the afternoon, when the Court reserved its decision. At the mid-day adjournment of the Court neither Mr. Justice O'Regan nor Mr. Prime would comment upon the matter. A similar attitude was adopted by Mr. Monteith when interviewed. When asked whether he intended to rejoin the Court at Hamilton when it opens a brief session there to-day, he said he was not certain. Mr. Monteith was a passenger by the limited express last night. .