ARBITRATION COURT

Otago Daily Times, Issue 18544, 3 May 1922, Page 6

ARBITRATION COURT

MINERS’ UNION SECRETARY.’ S APPEAL. (Pu Uxnm> Pbxm AasooiATiow.l WELLINGTON. May 2 The Arbitration Court (Mr Justice Frazer president; Mr W. Scott, assessor for the employers, and Mr M. J. Reardon, assessor for employees) sat to-day to hear an appeal from the decision of Mr W. Meldrum, Stipendiary Magistrate at Greymoutih, fining William Balderstone, a union secretary at Blackball, £25 and costs for a breach of a section of 'the Industrial Conciliation and Arbitration Act_ by inciting and’, instigating an unlawful strike of workers employed in Blackball Coalmine. The case was heard at Greymouth when the following facts were proved or admitted: That defendant had worked as a coal miner during the 12 months preceding the trial. During that period he held the appointment of secretary to the Blackball Coalminers’ Industrial Union. During that time, and previously, he held the appointment of check weigher under Section 86 of the Coalminers’ Act. A reduction was made by the company from the miners’ wages for the payment of a weigher. Defendant on December 12, 1921, and during the preceding 12 months, had not been a worker under the award. The magistrate held that defendant was not a worker within the meaning of the Industrial Conciliation and Arbitration Act, and hence was liable to a penalty not exceeding £2OO imposed on “Any person other than a worker,’’ by section 6 of the Act, as for a breach of that section. Accordingly the magistrate gave judgment for plaintiff (the Inspector of Awards) for £25 and costs. Mr P. J. O’Regan appeared for the appellant and Mr R. T. Bailey for the Inspector of Awards, the plaintiff at the original hearing. Mr O’Regan submitted that within the meaning of the Act, if a penalty inflicted was found to be incorrect it was not competent for the magistrate to inflict a fine on the worker exceeding £lO. He submitted that appellant came under the definition of a worker in the Industrial Con-, ciliation and Arbitration Act.

After hearing argument the court reserved its decision.