E.F.C. ASSOCIATION.

Otago Witness, Issue 3808, 8 March 1927, Page 15

E.F.C. ASSOCIATION.

DISPUTE BETWEEN OFFICIALS. £ SECRETARY NOT SUSPENDED. . WELLINGTON, March 3. After healing the disputes and differences in the ranks of the Association of Railway Engineers, Firemen, and Cleaners in connection with the relat’ -’«hins existing between the general sr- o f the association (Air AV. Al'Ar,. and selßbeE,,5 elBbe E , ,® f executive council, Mr L. 1 age, S.AL, the arbitrator, gave his reserved judgment in the case to-dav. He iound that the election of Air F J win. as president of the board, in place Ain Ar‘A a i rr ° ’ was a valid one, and that ilr M Aney was still general secretary, as, in his opinion, he had not validly been suspended from that position. Air Page stated that as there had been three questions submitted to him he would deal UCn U in 1 01^ er ’. Tlle first "as i.hether David Greig had been duly elected as a member of the executive and grand council of the association - "Ihc evidence shows,” said his Worship, that on November 6, 1926, Air J J 1 cnnell, who was a member of the exccutii e 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—nainelv, Air Peno? jno7 V lr Gleig - January r o, 1J27, the general secretary, as returning officer, declared that Mr Pennell was not eligible lor nomination, and lie therelore, declared Air Greig to be. duly elected. °7 °P in . IOII >” Proceeded the Magistrate, that the reasons given by the returning officer for his refusal to accept Air J ennell’s nomination are untenable Air Pennell was eligible for nomination, and Ins nomination should h.nc been accepted.” Continuing, his Worship went on to say that there had been no valid election and that Atr Grei"o?th" 0 L a , ? embcr ? f the exe «>tive. no? ot tlie grand council.

As to whether Frederick John Lewin ot Robert Carroll, or either of them, is the president of the said association, the ?, I ,o e ’r tl ‘ lte Sa i‘i tllat tllc decision of this question would turn on the meaning to be given in rule 77 of the general rules Ihat rule provided that anv member being oblige! tq leave the footplate on nfhn' ICt - ft l . talll "p vision, deafness, or old ofK lhl ’ n, M y 110u!d be ineligible to bold office. Air Carroll, who was a fi>-st-vears e had beei ‘ fo1 ’ ,ieav> piesident of the association. On l°* fa ‘ling vision he had ’ ’• i takcn froni his ordinary work as an engine-driver and given duties in the locornot.ye yards, s aid Mr Page, lie i" still descubed as an engine-driver, and he has stiffeied no reduction of wages. “1 have come to the conclusion,” went on the Magistrate, that he has been obliged to rid.' 0 ?? 10 ivi° tp a i te " 'tldn the meaning of o tnl de he, *> hc U . :is ’eiiinved from the footpale, as above he was amoved from and became inehgffile to hold the office of Piesidenb, and >t thereupon became vacant ”

nith regard to the position of Mr J t,le oVlde,lc ‘ ! -"hows,” he went on. tnat tae general secretary, upon receiving advice that the office of pjesident wa? Th Call ( ’ ll’?' d a i’ a , for a “ e ' v President. Lhe.ballot resulted in the election of Mr Lewm. In my opinion, the ballot was a land one. and Mr Lewin is now the president of the association.” Hhs AA’orship said that, allnougb he bad lound the ballot to be a valid one he thought it was right that he should make some comment thereon. Rule 56 provided that, in the eVent of an extraordinary vacancy occurring in the position of president, a postal ballot should be taken Iho general secretary took upon himself the responsibility of decidin'-— guided no doubt by the opinion of the association s solicitor—that the office ol president was vacant, and of holding an election to till the vacancy. In the view of Jne 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 APArley was on or <toout % I’ebrujiiy 7, 1927. rflwtivcly .suspended from .the position of general scoretary. Air Page said that in his opinion ne I was not. The evidence showed that on .rhe day before the closing of the ballot for the new president a meeting, at somewhat short notice, was convcnecT 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 AA’orship. “I think that this meeting was not validly called, nor validly constituted. In tny opinion, therefore, Mr Al’Arley has not been suspended from the position of general secretary ” No order as to costs was made.