UNION PROSECUTES.

Otago Witness, Issue 3031, 17 April 1912, Page 3

UNION PROSECUTES.

CHARGE OF INCITING TO STRIKE. AUCKLAND, April 10. Judgment in the case against the Waterside Workers' Union was set down for delivery this morning at the Magistrate's Court. The claim was for a pen. alty of £2OO for a breach of the Arbitration Aci, the allegation being that the union incited a strike of wharf labourera at Auckland on November 21, when a number of men refused to handle superphosphates at less tlian Is 6d an hour. Mr Mays and Mr Gdhns appeared for the Labour Department, and Mr Way and Mr Collet t for the union. Mr Mcjo said the question raised both in the present case and in that of the Labourers' Union, which was coming on to-morrow, was so important that an opportunity should be given to argue it fully, and it was thought by the department that the best thing to do was to take the cases direct to the Court of Arbitration. The question was as to whether the actions of the officers could bind a union in the case of a strike. He be- ]>;'.<:<! it would ba . t< ■ i that iho meeting of the* union at l:ich the strike in question was deeid< '■• n though attended by a number o c ■ rs A'&s. not a iegid meeting, not hai en called in accordace with the rules u± the union. Mr Kettle 6oid he quite agreed that the course suggested was a proper one. Tho two points at issue were : —(1) Was there a strike? and (2) was the union bound by that striko? In other words, were the acts of the secretary the acts of the union and binding upon the union? He had no difficulty in deciding the first point. There was no doubt there was a strike, but with regard to the very important question liaised by the second point, he thought it should be decided by the Court of Arbitration. The removal of the matter to the higher court would save time_ and money, and give an authoritative d'ecision. Mr Mays elected to accept a nonsuit, with the understanding that the case would be removed to the Arbitration. Court. Mr Way raised the question of costs to the union, but his Worship said he would reserve that matter until after judgment had been given.