“NO BASE MOTIVE.”

Star (Christchurch), Issue 17351, 16 May 1924, Page 7

“NO BASE MOTIVE.”

CONCILIATION COUNCIL HOLD UP. QUESTION OF PRECEDENCE. Docs an application for a Dominion award take precedence .over an application for a local award? That was the question which was placed before the Commissioner when the Concilation Council was celled to consider the application for an award which had been filed by the Canterbury Metai Workers’ Assistants’ Union. The employers’ assessors did not attend the meeting, which lapsed after the Commissioner had made a statement. Mr Cecil Prime, secretary of the Canterbury Employers’ Association, said that he bad been authorised to represent the employers in the dispute, and to state that no assessor other than ho was to attend the council. The reason for this was that an application for a Domniion award had been filed by the employers, before the union filed its application for a local dispute. Mr G. T. Thurston, secretary of the union, and an assessor in the dispute, said that he thought the application for tho local dispute bad ben filed first. The question of the Dominion award was a rather peculiar one. because neither Wellington or Dunedin wanted it.

The Conciliation Commissioner (Mr W. H. Hagger) : said that in his opinion the present citation of the Union was in proper order, under the Industrial Conciliation and Arbitration Act 1905. and no notification had been received by him as to proceedings in a Dominion dispute. The new legislation did not intend to give advantage to the respondents in a local dispute ns at present, or to allow the respondent in a subsequent action in another industrial district to file a dispute and so become the applicant to tho dispute, which might cause delay in the settlement of the local dispute by missing the sitting of the Arbitration Court in the district. The 1922 Amendment Act allowed applicants to move in the direction of tiling a case covering the

whole of tho Dominion, but there was nothing to show that it should bo allowed to over-ride the local dispute. '• The employers refuse to go on,” said Air Hagger. •Yes.” replied Mr Prime. Air Prime then said to the Commissioner, “Jt seems that your statement implies that the employers are attempting to avoid local proceedings. The truth is. that the application for the Dominion award was filed first.” The Commissioner: 1 have no evidence of that. All T can go on is the papers T have before mo, and I have not got the application for a Dominion award. Air Prime : Well T. did not actually file the application, and don’t know about the notifications. The Commissioner: T have to hold that the local dispute, if first filed, cannot be over-ridden by an application for a Dominion dispute. It reverses the order by making the first applicant the respondent. The Commissioner said that he did not intend to attribute any base motives to the employers, but he wanted to have the matter settled. The Act be wanted to find out which application took precedence. That was the only reason fo r the statements lie made. He would send the rase on to the Arbitration Court without recommendation, and explain what happened at the meeting of the council.