NOT A STRIKE.

Timaru Herald, Volume XIIIC, Issue 14210, 27 May 1910, Page 2

NOT A STRIKE.

<;» HOOKS Oil -NO HOOKS. In the Alagisa-uto's Court at Vk'l- - ■j 1 i .-'.'.tiirua;.'. .dr. \V'. i : ;. ri.ai.ei-t-.'.i e j.kij;•.:•=>.tit iu ihi) eases erouojrc by j,' r C. h. .vluriage, li.s;.-ee-i'".* o: r.;.s_, aL'r.-r.si .j,,,in L>ottvlai; am; -j'J (iihv'i" viiiarl' labciii-era, that oil tlio 20til i-yhruaiV, i:)iU, mes ■ beea.uio parcies L a btnko of wurkers, eontrai'v to seet.on o of tuo industrm. C'-iHeiliacion and Arliitratiou Act, IiJGS. 'ihu iaets e.f tiie ease showed tiiat lor soii'.D yesrs p ,-.l ti;o tisi; of hooks a: bag ea.2 j'<) lite:: boeu Tir'.eiibited. Thif. order l.r.d been disregarded, and i'.K liooks were- used, was damaee-s unless tho hooks were used with skill and raw. On the 20th .Keb.uary last tiie s.s. V> raiaka ai'iaveel in \YoiliiiL£toTi. v.'iili 0 ;t ) tons <>■' ee: :ei;i: in T:k•ab.mr s;!peri:;te;idr:it. or <,i'rieer of th-j ['nnri Steam Ship Company, all the .-ivailaSile labour to discharge the ear.m. Mr JisseUVi said that he wa.s o! the opinion thus 110 absolute condition wa.s made- at the Time of eu-fiufic-fiient xij.n hooks iv.<rs n,-.fc ty he um'd. The raen si-,rt«>(l work at ft a.m., and shortly alter two men worn warned njr'tr.*! :is:ue bor>ks and w<?r« Siibseque.:ciy discharged for using licok:i on the cwiicßt. V\ oi'k went oil with more or less d'seouiient until dinner time, after which an order was peremptorily and absolutely given that men u.siue; in oks v. ore to knock oil work. In a few miniices a, man was found usinir a- hook. : was told to put down ins honk <>r come up e,-,it of the hatch, lie came up. soc! v.a.s i'ollov.ed bv the rest of the men in that hold. They wor« fiillowerl by men in other ■ holds on hearing that a. mail had been discharged ior usiny a. hook. 'l'lie . handling of ceraenc in hags without hooks was much more diliicult than i with hooks. Too tarsi) had not been re;_ulariy stow.-*!, and the lugs were ! sometimes hidden, and the bags inter- , locked. No more work was clono Oil i ' Saturday, but alter some conferences with the employers, work was resumed . and linisheu on Monday, two extra ; men beiug placed in each hold. Wharf ; . labourers, it wa.s also set out, were not ( 1 engaged for any fixed period, and could , ; be discharged at any moment without , i notice. i The case was submitted to the Arbi--1 trillion Court for its opinion on tha following questions:—(aj Did a strike . occur under the circumstances quoted; ; (b) Have the defendants taken part in 1 such strike't \ Tho opinion of the Arbitration Court ' was that, it wa.s clear from tho case ; as slated that there was a discontmui ance of employment by the workers in question within the meaning of teciiou ' H or the industrial Conciliation and Ar- ! bitration Act, 1008. Before, however, ] that discontinuance could amount to a , ; strike it must be established that the ■ discoatinuance took j>lacc in pursuance ;of an agreeaieiib or common underi standing, either expressed or implied, ; between tha workers concerned, and with tho intent&n of compelling or inducing the company to agree to allow the use of hooks or to i >l rt extra men into tho holds to do the work. These points were not dealt with in the case as cited, and the court was unable to express an opinion on the questions submitted. The case was accordingly remitted to the Magistrate's Court, with the answer that there was no strike unless the magistrate was satis- ' fled that there was an agreement or : common understanding as above mentioned, and that work was discontinued ;in pursuance thereof, and with the intention above-mentioned. ■ Having before it all the facts that j. were before tho Magistrate's Court, the , Arbitration Court had been unable to 2 say that there had been a strike. Mr. . Haseldeii said that he was of the same " i opinion, and he entered a judgment of ~ j lion-,suit in each case. ' r i No costs were allowed either side. 1 iMr J\ J. O'Regan appeared for de- ® : fendants.