E.F.C. ASSOCIATION.

Otago Daily Times, Issue 20039, 4 March 1927, Page 11

E.F.C. ASSOCIATION.

DISPUTE BETWEEN OFFICIALS. SECRETARY XOT SUSPENDED. (SrrxiAt to Daily Times.) WELLINGTON, March 3. After hearing the disputes and differences in the ranks of the Association of Railway Engineers, Firemen, and Cleaners in connection with' the relationships existing between the general secretary of the association (Mr W. JTArley) and certain members of the executive council, Mr E. Page, S.M., the arbitrator, gave his reserved judgment in the case to-day. He found that the election of Mr F. J, Lewin, as president of the board, in place of Mr Carroll, was a valid one, and that Mr M'Arley was still general secretary, as, in .his opinion, he had not validly been suspended from that position. Mr Page stated that as there had been three questions submitted to him he would deal with them in order. The first was whether David Greig bad been duly elected as a member of the executive end grand council of the association. “The evidence shows,” said his Worship, “that on November 6, 1926, Mr J. J. Pennell, who was a member of the executive and of _ the grand council, tendered his resignation therefrom. The general secretary thereupon took steps to hold an election to fill the vacancies. Two nominations were received—namely, Mr Pennell and aMr David Greig. On January 25, 1327, the general secretary, as returning officer, declared that Mr Pennell was not eligible for nomination, and he, therefore, declared Mr Greig to be duly elected. 1 am of the opinion,” proceeded the Magistrate, “that the reasons given by the returning officer for his refusal to accept Mr Pennell’s nomination are untenable. Mr Pennell was eligible for nomination, and his nomination should have been accepted.” Continuing, hia Worship went on to say that there had been no valid election and that Air Greig was not a member of the executive, nor of the grand council. As to whether Frederick John Lewin or Robert Carroll, or either of them, is the president of the said association, the Magistrate said that the decision of this question would turn on the meaning to bo given in rule 77 of the general rules. That rule provided that any member being obliged to leave the footplate on account ot failing vision, deafness, or other infirmity should be ineligible to hold office. Mr Carroll, who was a firstgrade engineer driver, had been for some president of the association. On account of his failing vision he had recently boon taken from his ordinary work as an engine-driver and given duties in the locomotive yards, said Mr Page. He is still described as an engine-driver, and he has suffered no reduction of wages. “1 hive come to the conclusion,’’ went on the Magistrate, “that he has been obliged to leave the footplate within the meaning of rule 77. When ho was removed from the footplate, as above ho was removed from and became ineligible to hold the office of president, and it thereupon became vacant.” “With regard to the position of Mr J. F. Lewin, the evidence shows,” he went on, “that the general secretary, upon receiving advice that the office of president was vacant, held a ballot for a new president. The ballot resulted in the election of Mr Lewin. In my opinion, the ballot was a valid one, and Mr Lewin is nbw the president of the association.” His Worship said that, although ho had found the ballot to be a valid one, ho thought it was right that he should make some comment thereon. Rule 66 provided that, in the event of an extraordinary vacancy occurring in the position of president, a postal ballot should be taken. The general secretary took upon himself the responsibility of deciding—guided no doubt by the opinion of the association’s solicitor—that the office or president was vacant, and of holding an election to fill the vacancy. In the view of the magistrate his appropriate course, as general secretary, was to have referred questions of such importance to the executive council to consider and deal with. As to whether William M’Arley was on, or about, February 7, 1927, effectively suspended from the position of general secretary, Mr Page said that in his opinion lie was not. The evidence showed that on the day before the closing of the ballot for the new president a meeting, at somewhat short notice, was convened by the late president and three members of the executive, and at this meeting a resolution was carried purporting to suspend Mr M’Arley. “in view of my findings above that the office of president was at that time, vacant,” concluded his Worship. “I think that this meeting was not validly called, nor validly constituted. In my opinion, therefore, Air M’Arley has not been suspended from the position of general secretary.” No order as to costs was made.