PAYMENT OF COALMINERS

Taranaki Daily News, 22 November 1929, Page 11

PAYMENT OF COALMINERS

TEST CASE AT INVERCARGILL r- - METHOD OF MEASURING OUTPUT. BASIS OF BOXES DISSATISFIES. By Telegraph.—Press Association. Invercargill, Last Night. Described as a test case of Dominion importance a suit concerning the payment of miners and the system whereby their output is measured was brought before Mr. W. H. Woodward, S.M., in the Magistrate’s Court this morning. The action was between Samuel Mason, Peter Lowe, George Wilson and Robert Mclver, all coalminers at Nightcaps, and the Wairaki Coal Co., Ltd., haviiur its registered offices in Dunedin, colliery proprietors. The miners' were .represented by Mr. P. J. O’Regan, Wellington, and the proprietors by Mr. J. F. B. Stevenson, Wellington. interesting questions of law were involved in the case, which was in the nature of a test case, said Mr. O Regan. The Miners’ Union was not a registered industrial union. It was so formerly but had cancelled its registration. It had been the custom in this mining district that three boxes should go to the ton. In January, 1928, larger boxes were installed and the work was done on the basis of two boxes to the ton. The miners were dissatisfied with this and at their instigation a test was made. This was done after a meeting at which a strike was mentioned. Subsequently it was decided to defer action until a new agreement was discussed. The miners sought' to be paid by weight and would not agree to. be paid by the box. When the test fcas made it was found that two boxes contained nearly 821 b in excess of a ton. It was then decided to take legal action in the form of this test case. Mr. Stevenson said he would move for a non-suit. The evidence before the court had disclosed the custom at the mine for years past had been that a ton was not a ton of weight but a ton of measurement. .The .parties had agreed that up to a certain stage the ton should be -'three boxes of a certain weight aiid at a later date two boxes of a certain weight. Evidence showed that throughout the district there were no weigh-bridges in any of the mines except the Linton, which was outside the association to which Wairaki be-, longed. The law seemed to be clear that the parties were bound by custom. Counsel submitted that the case was not a test. The magistrate reserved his decision.