THE PREFERENCE CLAUSE.

Poverty Bay Herald, Volume LII, Issue 1701, 17 April 1926, Page 6

THE PREFERENCE CLAUSE.

ARBITRATION COURT AWARD. UNIONIST YOUTHS MUST HAVE JOBS. A sitting of the Arbitration Court was recently held at Gishorne for the hearing of an application for interpretation of, the preference clause as itapplied, to the employment of youths under Hie Drivers' award. Tin l Court has made its opinion known, to the effect that if a, unionist youth is available for youths' work, he must be cniployedJui preference to a youth who i.-, not a member of the union, providing that in no case is a youth to be dismissed in favor of an adult unionist, nor is a youth to be' taken on in place of an aVlull non-unionist.

The action taken by Messrs. Coutts and'MacD'otiald, wood and coal merchants, of (iisborne, was the cause of the union's objection. A step-son of a member of the Arm was asked to join the union, but refused; the union then lodged a complaint that the youth had carried parcels (benzine eases weighing 751bs), exceeding 701!) in weightj in contravention of Ihe award. The stepfather consulted his partner, and agreed to pay the lad wages at the rate of an adult, the firm contending that the preference clause did not apply, to .youths amy. .more, than to apprentices, and that the excess wages did not make the youth an adult. The matter was placed before the local Inspector of Awards, and the ruling of the Court on the point was asked. DEFINITION OF "WORKER." The Court was ashed to define whether an employer is bound lo discharge from his service a youth (a non-unionist) when requested to do so by the union, provided there is then a member of the union (either youth or adult), qualified to perform the particular work requiring to be done, anil ready and willing to undertake the same. The opinion of the Court, delivered by Mr. Justice Eraser, is as follows: —

."The preference clause applies In 'any worker,' and makes no distinction between youths and adults. The Act includes persons of any age in the definition of 'worker,' and does nut restrict workers under 2.1 years of age from becoming members of an industrial union. Accordingly, the preference applies to youths as well as to adults. The dismissal of a nonunionist youth iu favor, of a unionist adult cannot, however, be enforced, nor can the. dismissal of a non-unionist 1 adult in favor of a unionist youth be enforced. The preference clause must be read as requiring the substitution of a worker of equivalent status. With this qualification, the question, submitted is answered in the affirmative.

AFFRENTTCES NOT AFFECTED. "The Court desires to make it clear that this opinion does not affect apprentices. They are dealt with under the provisions of the .Apprentices' Act, 1023, and the existence of a binding contract, with a iixed term of currency, renders it impossible for the provisions of the preference clause to affect them in anv way."