Protest Against Action of Government

Chronicle (Levin), 18 December 1946, Page 7

Protest Against Action of Government

—Presz Association

FLOUTING LEGAL AUTHOR1TY

By Telegraph-

WELLINGTON, Dec. 17. The seeretary of the New Zealand Employera, Eederatiou today stated on behatf of the fedcration and of the executive of the New Zealand Dairy Factories industrial Association of Eruploycrs that the dispute between the employers and workers was before the Conciliation Council in August last and was adjourned by agreement nntif ' October. ' I3ecau.se of the workers' stated inability to attend the Coneiliation Council on the agreed date tke Coneiliation Commissioner ordered a further adjournment. - The employers then endcavoured to have a date set down for the tliird week in Novexuber prior to the elections and mstructed their assessors to attend. Tliis again was not acceptable to the workers who then requested that the Oouneil should resume some time during the lirst week in December. The employers ' advocate made it very clear to the Commissioner aud to the representativcs of the uuiou that because of other important fixtures it wrus not possible to arrange a meeting in December and suggested a date as soon as practieable after the holiday period. By agreement with the union Eebruary 18, lb-17, was peucilled in by the Coneiliation Commissioner.

On baturdayv mormng last a telephoned communication as outlined below was reeeived by the advocate. The workers demanded: (I). The immediate resumption of Ihe Coneiliation Couneil to obtain a

settlement for the season's condition. {-). The base wage to be £6. (3). The new rates to be retrospective to August 8, 1946. (4). lucreased penalty payments for ►Sundays and overtime. (5). The deadline for settlement to be Wednesday night Decembor 18, 1946. On Alonday the following telegram was forwarded to the seeretary of ihe union: "L have referred your telephone comniunication of Saturday to the presidcut aud vice-presideut of the New Zealand Dairy Factory Employers' Association who are in Wellington. The employers' assessors are willing as they always have been to meet the employeo assessors in Coneiliation Council at the earliost date suitable to the Commissioner, yourself, aud myself, aud to settle your uniou's lawful claims in the nianuer prescribed by the Industrial Coneiliation and Arbitration Act. "Wliat has now been done will mako tliis most difficult, but having in mind the possibility of misunderstanding arising from the telephone communication and the grave possibilities of the situation whicli h'as been ereated, I suggest that your telephone communication be submitted in writing. To savo timo this could be doiie by urgent telegrant today. " M Later on Alonday a representative of Ihe Government otiieially advised the ofliee of the New Zealand Employers' Fedcration that the modification order serial No. 2/1936 had been revoked in so i'ar as it providud that dairy factories, .ineluding ereameries, would be exenipt from bectioJis 4, 14 and 15 of the Factories Auiendment Act, 1936, which sections provide for special provisions in respeet of dairy factories' rates of wages payable for holidays and rates of wages payable on bundays, aud in lieu thereof provides tluit workers emploved on holidays or Huudays shall be paid lialf rates in addition to their ordinary raio of pay. This nieaiis thut although the dairy induslry is a 7-duy industry the workers emploved on bundays and holidays not withstanding tliat their hours of employment come witliin the ordinary 40liour workiug week shall be paid double I nne for all time Avorked up to 8 hours on auy oue dav of the days mentioued. This action of the Government concedes oue of the most important denuuuls niade by the workers. No further communication was reeeived from the union uutil after the hour of iioon today when demands as outlined below wero reeeived by the New Zealand Employers' Eederation : " Vour telegram reeeived and we hereby state the main claims that are now in dispute: — (II. All retrospective paymeuts to August 8, 1946. (2). £6 per week for geueral hauds; all others in proportiou aud the two "Court ordcrs" in addition. (3). Overtime, double time after 4 hours. (-1;. Clock hours except where shifts are worked; shift workers to receive

os per shilt. (5). Continuous hours of work except for smokos and meal time. (6). Ciassilication of all cheese aud all butter factories (a) the cheese-mau-ning scale to be ou the basis of oue mtui to a number of cheese; (b) the ciassilication iu butter factories of such vacreator or pasteurixer churnmen, etc.; (c) wliey butter workers, where whey butter is made a wliey butterinaker is to be emploved at the prescribed rate. (N.B., to apply to cheese factories duly).

"(7) Pay analysis statements for each worker when receiving payment for wages. ''(81 Overalls and footwear to be supplied free to all workers in factories. ' ' The Employers ' Fedcration immediately lietd a meeting in conjunetion with represoutatives of the dairy factories when it was unaniniously deeided to continue the negotiations with the union in accordanco with the direction as laid down in the Industrial Coneilia-

tion and Arbitration Act, 1925, nnd its aruendments, and as already conveyed by telegram. Tn aceordance with this decision the following letter has been delivered by liand iu Wellington this afternooii 'to the seeretary of the New Zealand Dairy Factories and Belated Employees' Industrial Union of Workers: " Acknowledgement is made of receipt of letter adiPessed to the seeretary. of the New Zealand Employers' Pedorntioii dated December 17 wlrich

purports to be a reply to my telegram of December 16. The communication is so substantially different from your telephone message that we take it your union had modilied its attitude. In such case the dispute caii proceed without interruptiou through the Coneiliation Council. We suggest immediate consultation for the purpose of lixing the earliest possible date. We must, however, draw your attentiou to the necessity to take steps to ameud your claims as now submited iu the manner prescribed by the Industrial Coneiliation and Arbitration Act and its amendments. " The executive of the New Zealand Employers'. Eederation at- a special meeting today passed the following resolution which has been sent to the Prime Minister: — "That the New Zealand Employers' Federation strongly protests against the unprecedented action ot the Government in revoking the modification order serial No. 2/1936 in so far as it applies to dairy factories and ereameries at a time when an unlawful action threatening stoppage of work in dairy factories was being taken by a section of the workers, and particularly so when the union taking such unlawful action had claims which were being considered in Coneiliation Council. The Federation submits to the Government that this action is an encouragement to militant trade unionists to seek to gain their objectives by direct action, that it makes a farce of coneiliation and Arbitration Court proceedings, encourages lawlessness, and is subversive of good order and government. The Federation is of opinion that there will be f arreaching repercussions. ' '