THE SLAUGHTERMEN'S DISPUTE.

Otago Daily Times, Issue 13845, 7 March 1907, Page 8

THE SLAUGHTERMEN'S DISPUTE.

THK CANTERBURY STRUCK JUDGMENT OF THE ARBITRATION COURT. PINTS 01' £5 KACII IMPOSED. (Pie Unimd Paris Asaocimosi.J ' GimiSTCnURCH, March 6. Tho Arbitration Court today delivered lis judgment in (lio charges against Iho Cltrislclwrcli slaughtermen as follows On August 14, 1901, this court, made an award in an industrial dispufo between the Canterbury _ Slaughtermen's IndustriaL •Union of Workers and iho two companies Already named. Tho term fixed for the duration of this award was from August 19, 1901, to August 19, 1903. On February 15, 19M, file union and the companies entered into an industrial agreement which, it was provided, should take cffect from January 1, 190<, and remain in force up to 3)ncember 31, 1906. The slaughtermen employed by (lie companies continued (o work wilcr this agreement without objection ■until 1 February 22, 3907. (Ilis Honor then recited the facts leading v.p to the strike which had been given in evidence yesterday, ,u)d continued): Wo have no doubt ■that on these facts tho slaughtermen have "been guilty of jalting «arfc in a strike. Acting in combination, they have refused to work for the companies because the latter would not agree to their demands, and that certainly amounts to a strike. It is not nceessary that the men, by refusing to work, should commit anv breach of contract. It may be. as contended by Mr Dougall, that, so far as the terms of their engagement wcro concerned, the..men were entitled to leave tho scrvico of their employers without a/iy notice, hut Dial; does inot prevent their action in the circumstances from being a strike. It is sndicient for (he purposes of the offence created 'l>y section 15 that an award or industrial agreement shall i;o in foreo as mentioned in, subsection 3, and it is not necessary that; the award or agreement should be made after Iho amendment aci of 1905 came into force. Mr Doiigall's argument has not induced us to alter the opinion wo expressed on this point in Iho Pareora cases. '}Ve think that: until the law was amended in 1905 by .section 7 of the amendment act it; was noli competent for Iho parlies lo supersede an award of (he court by an industrial agreement, and that tho award Jiiado ill August, 1901. therefore remained iii force, notwitlist,-Hiding the agreement of l'cbritury 15, 1904. it is unnecessary for us to decide anything as to lite execution of this agreement by the union, but as Iho mallei' lia« been argued, and us there may bn oilier industrial, agreements in connection with which all the formalities required . liy Iho rules have not, been carried out, we think it, desirable to express the opinion that the enso falls within the principle of the caso neliod on by Mr iitrrngci—viz., Iho Itoyal Hrilish [lank v.. Turquawl (5 E. and Ji., j> 248, b K. and 15., i> 327), and Counly of' Gloucester Bank v. Iludry Mertliyr Company (1695, 1 ChD. p 629). That principlo is thus stated in I.indley on "Companies," sixth edition, pago 246: "An instrument sealed bv tho proper ofiicers is prima facie binding on Iho -body corporate, and although tlx- presence of life foal docs not havo ihe effect of ■binding tho corporation with respect to matters which aro ultra vires, it does throw upon tho corporation tlio .onus of proving the invalidity of the instrument, and precludes Iho corporation from taking advantage of the jnon-obwn-vanee of ' preliminary formalities if tho person dealing with ihe managers had no need of such iionabsnrvanoe." If it had been ricccssary to decide tho question, we were prepared to -bold thai, as the companies had no notioo of any informalities in connection with tho execution of the agreement, neither the union nor its member:; could tako advantage of llkbo informalities. Wo aro not. satisfied that the defendant Edward Young was a party to the strike, but, wo are satisfied thai, though John Graham and, James Munro wore parties lo it. tlio fact that, GVahani went to the . works on Tuesday motning is not sufficient lo mako a distinct ion in his case, beciuiso he was present at flie meeting Sield <iu Man thy evening, wlien it was decided Jiol: to resume work on tiro following day. Ho n.-turned to the works .with the oilier men on Tuesday morning between 9 and 10 o'clock, and ho tlien took away his tools, and demanded- -his pay with the other ir.x-n. Munro was also prosent at; the meeting hold on tho Monday evening, artel did not return to work on tho following day. If 3io was not a party to the proceedings ho should ljaso done something to make this clear. Wo dismiss the caso against Edward Young. Bigham, Loader, and Philpott. have alrca-.lv boon ftruck out of tlio proceedings. "Wo find tiiat- till tho oilier defendants havo teen guilty of an offence under section. 15 of the amendment, act. 1905, and lino each of llioni £5. Wo desiro to add that wo -hope tho men will consult their own interests and those of their empiojvrs by arranging to return to work without further delay. The offer made by trio companies on I'obnin.rv 25 to discuss terms with tho union, and lo nrakc the lutes, as finally settled oporatb as from tliat dale, Was a very fair offer: ami. apart-, from any V|uestion of penal consciences. the men were ill-advised, wo think, in not; accenting that, offer. Tho hearing of Ihe charges against. tJie jnen employed -at tho FairlioJd v«orks, Ashburton, who " went out" was then proceeded with. Mr Don gall, for tho defendants, admitted l that, ho was boiutd by tlio judgment juat delivered. On his application tho charges against five of -the men •who wero not at work at the timo Ihe others "went out" wcro wilMraiwn. Mr Dougail said that wlron tlio defendants got, news front Chrislclmrch that the men \ve.ro out they gathered iogcMter on "tho board" and said they would go. out- too. It wis out of sympathy with tho Christchurch moil that they woni out. Ilis Honor: Wo will deal witli thesn cases in tho pamo way as wo liaw dealt, .with tho Christchurclt cases. Wo convict Iho defendanls of an offence under section 15 of Iho act, and fine litem oaeh £5. to . lie paid to tho inspector of factories. A' conforeiico wa6 held this afternoon .between tho representatives of tho two meat- companies and the oflicials and , executive of tlio Slaughtermen's Union. No decision, however, was arrived at as Ho the terms upon which iho men would , resume work, and Iho confercneo was tuljourncd till to-morrow.. k ,TIIE POSITION IN SOUTHLAND, (Pr.R United Press Association.) INYERCARGILL, March 6. Tho impression is current, that iho end } of the strike in Southland is in viow. Tho Matauni works recommcneo operations on Friday, tho men having'agreed lo accept Bho terms originally offered by the com'paiiv. Work would havo begun-sooner but for the unavoidable delay in bringing (lie slock forward. Wallaoetown works start <igain at Iho end of this week or iho ibegiuning of next. Most of Iho men lo lie employed aro new hands. Two_of the casual slaughterer-) at Ming■ton lia'd rather an unhappy time on Saturday. The story wan told to a reporter by one of the " assistants." The men appeared to ho (|uko new to tho work, and one of them caused much amusement by killing hk first, sheep in the pen with the others, instead of on tho "board." Uosideti. he struck it like a pig, instead of cutting across its throat. In half a day's work these two new churns at tlio business sue-' eeedeil in killing and dressing tlirco "potters'"' oaeh. At midday they went out to thv boar<Un£-hous> lo dimun* -without taking oIF iheir blood-stained Tlio fight was too much for one of iho slaughtermen who happened to bo about, and he treated Ilieni to some, uncomplimentary and unprintable language. After dinner they told the head butcher that they had 'had enough- they didn't come there to ho called " " and " " and " •" Their departure reduced ihe 'Mxjard' 1 from 12 to 10. jiot counting "assistants." In eonvero-.ition with a Christchnreh Press reporter, a well-known South Canterbury sheep man put ihe position thus:— Approxiiiiately there, is a population of 400,000 people ill this island, and 11 different freezing Works. It should be possible to train ;i Kuflicieiit mimtvr of butchers belonging lo tho oolony to do all tlio killing that is required here, and thus obviate the necessity for Australians to come over and assist in the work. In all. wo would require about 500 expert, butchers, ami about lmif this number could bo drawn from the ranks of Ihoso who aro now out on strike, but. who went- out, not. liecjuse of any desire to strike, but because when tho discontented ones rait out 1.1'.c.v had practically no ohoic The freezing companies coidd start all those who aro willing at 60 much per liav, and then pick Ihe best of them oul, mid retain them as permanent hands. The j'-ay boing good, there would, if they wore protected, lie plenty of ntcn williuj to give jt a trial. •

Till-; EMPLOYERS' ASSOC!ATIOX. The Otago Employers' Association met ou Tuesday lo consider tlio question of I lie. slaughtermoii's strike, and it was agree! to fonvard ihe. ascooiation's opinions I hereon io the New Zealand Employers' I'"eilf-iatio:i, -so that tho ipiestion might l>o dealt, with as from ono body. The opinion was generally expressed that unless tho awards of the. Arbitration. Oum-fc can bo made enforreable against the workers it was of no value to tho omployeis. A BLESSING IN DISGUISU. ! COLLAPSE OF THE L'ONDOX MEAT - .MAIth'ET A'VUKTIiD. | Speaking to a Clu-iMc-lniii-h Press reporter : on Tuesday -Ah- If. Turnbuli said that ; the strike had recurred at a most opportune time, for it had averted what might have lx-en tho collapso of the London meat ' market. "Tho record shininenls of frozen meat fron-t the colony during January and Febrimry.' he saiil, "were i-ausing a feeling of disquietude amonssl. Tniyers in Iri>ndoii, and even now purchases made early ji| lebruary aro being offered for re-sale on tho Loudon market, al, iho loss of praelically n. shilling ,-L carcase. X'anners sliould really benefit to a very large degree bv iho strike for if it had not,. occurred a,'collapse m prices would have been inevitable. It. l-eallv v.oiild bo lo (he advantage of all farmers for the works lo remain closed for a . month. They Will get. the advantage in the increased weight of then- sheep, and in. the lioldiii" of prices at, Iho oilier end, caused by Ihe .rap following the very heavy shipments (,f January and I'obruary." Mr Turnbuil added'that in .Tanuarv last, year 35,851 carcases lad been shipped from Aew Zealand to London, and 1500 carcases in the West. Coast or KnglaJicl. but in Jamiary, 1907. no fewer than 239,14.t carcascs lui<l Ix'en to London, an-l 42.000 lo the West Coast. In February, 1906, 213.717 carcases wero sent lo London' and 74,314 to (ho West Coast, while in February this year, and with somo of tho shipments siill to be added, the iotal, <o far as it had been inado up, was 263,000 carcases for London.