ARBITRATION COURT.

Poverty Bay Herald, Volume XXXIV, Issue 10961, 2 May 1907, Page 2

ARBITRATION COURT.

(Per Press Association.) AUCKLAND, this day. The Arbitration Court yesterday commenced the hearing of the cases against the Auckland Electric Tramways Company . and certain of their employes, arising ou^ of the trouble which caused a temporary suspension of the service in November last. Sydney Michael Farrell ond Edward Fletcher, employes of the Tramway Corn* pany, wer© charged with having committed a breach of section 16 of tlie 1904 amendment to the Industrial Conciliation and Arbitration Act, whieh reads : "Any industrial union or industrial association or employer* or any worker, whether a member of any such ittnion or association or nob. which or wlio shall strike, or create a lock-out, or take part in a Strike or lock-out, or propose to aid or abet a strike or lock-out, or a movement intended to produce a strike or lock-out, shall be guilty of an offence, and shall be liable to a fine, and may be proceeded against in the same manner as ii it or he were guilty of a breach of an award." Tlie penalty provided is not exceeding £100 in the case of employers and £10 in the case of workers, tl 'he Auckland IJlectrio Tramway Comp|ny was cited by the Inspector of Awards for a breach of clause 6 of the tramway workers' award, in that they dismissed fourteen, employes without giving them a week's notice, and without good cause. The case against the Company was taken fitst. The Hon. J. A: * Tole, in opening the case, said that the Company admitted dismissing the men, ibut claimed that there was good cause. Friction had existed, between the Company and the men, and in November Inst a rumor gained currency among the men that the Company intended to put on large numbers of learners ap aft to haye them ready in case of emergency when getting rid pf thej malcontents. Next day-{No-vember 14th) several men on being asked by the Company to teach learneis, said they did not consider It to be part of their duties, and declined. Later in the day fourteen men were 1 dismissed. In the evening after tlie trouble in connection ' with the strike that followed these dismissals [was over, the men were allowed to resume work without the express stipula.tion.that iii future they Bhould teach learners, 'file men who had previously taught learners held that it was a voluntary aot,J*|hd hot part "of ■■> iheir duties. -- They considered that the* teaching of learners sliould be carried out by special irieii.; Two 1 mobormen who were . called .A claimed thni.it' wto not parfof their duty to, teach learners, and that there was a risk to'tiieiipubl.c in their doing so." One of tne motormen, in - cross-examination, said li© did not know tliat in Qtt_.Com- , „ panv'S , book" of rules there was a-provi-sioh'that 4°tormeri> wlien hob instructing learners, were not to speak to anybody. The case whs adjourned till to-morrow. In the course i of evidence it was- stated that at a meeting -of employes on November 13th a resolution was passed to the effect thab until Uie trouble then existing was settled. the paen would refuse to teach any more learn;e<B. Mr T. Cotter, wlio appeared for the Company, said tluit when •Clip, manager received (he notification of this resolution he replied stating that, the teachincr ..of leariierg was parfof the duty of motormen all the world over, and warning the men that < a hy man refusing . to do his duty in. this respect would :*e liable to instant dismissal, ahd also that beginners were ibeing taken on on account .■.-.•'. of tlie apnrbach of thei busy season, and the building . of several fnew cars. r Mr Prehdergast, who appeared qn behalf' tf the two mtn charged with taking part in a strike, said that Ihey would plead guilty . Continuing the tramway case, tne /r---bitration Court to-day heard evidence of motormen | regarding fche custom of in* ■>■ structing learners. All agreed' that it was a volhntary act. _ One witness said an accident oceurrecMto his; car while a learner was 'at the controller,'' and he was fined. He! lost three days 1 pay, but the - Company bald Court- costs aud expenses. Other witnesseßS said the culminating pojnt of the trouble was the failure c? " the discharged conductor, Beeston, to , - secure ra hearing, , and the rumor that 'learners w^re; to take the places. qf alj discontented employes.;' : ;»-'