THE OTIRA TROUBLE.

Dominion, Volume 2, Issue 594, 24 August 1909, Page 6

THE OTIRA TROUBLE.

_<j STATEMENT.BY MR, MURDOCH M'LEAN. THE DISPUTE ABOUT THE LAMPS. (Uj Telegraph -Bpeolal Correspondent) Auckland, August 23 In connection with the trouble at the tit t ? unel works > Mr Murdoch M'Lean, of tho firm of John M'Lean and Sons, contractors, who" is at present in. Auckland, stated to-day that the attitude taken up by tho mon was so unreasonable that th'cir demands could not be conceded, even if tho work was brought to a standstill Since the work started £200 worth of lamps had been destioyed, mostly through gross carelessness All that had been asked was tint tho men to whom lamps were issued should exercise ordinary care- in using them A deposit of 10s, which is 6d, less than the cost prico of a lamp, had at first been requiro 1, but tho firm, finding that under tho lruck Act deductions could legally be mado from wages for damaged appliances, bad now merely intimated to the men that this course would be followed in future, when lamps wore broken through carelessness Ihe work was being carried on undor an award of the Arbitration Court, and if anything was done in contravention of that, the men had the right of appeal to tho Court for an order To have submitted this question to tho Conciliation Commissioner would really have been going outside the award and opening the' door* for further I trouble Bv strikihg, instead of applying to tho Arbitration Court, the men had phced themselves completelj outside the law It just amounted to this that if every trifling dispute were to be mado a pretext for cases before the Conciliation Commissioner and for strikes, "the work might ifs well bo aband6ned It was an undertaking involving great responsibility and anxietv, and it was lamentable that such a spirit of antagonism should bo engendered The men engaged on the work were in constant employment, earning £3 3s , £3 6s, and £3 12s a weok, without any broken time They had always been treated with the greatest consideration The ordinary miner is lequired to find bis own siiovel and lamp, but both these implements- were supplied bv tho contractors at the Otira All thev asked was tint tho tools should get only fair wear and tear, and not bo wantonlv or recklessly dostroyed, and that position thev v/ero determined to maintain at any cost

THE UNION'S MANIFESTO (By Telegraph-Press Association) Recfton, August 23 In connection with the Otira difhcultv tho following manifesto has bfieu issued In the Inangahua Miners' Union to members of in dnstnal unions, workers, and the public of the Dominion — "AVe, the Inangahua Minors' Union, Recfton, respectfully request immediate and active support, financinllj and morally, on behalf of those omplojed at Otira tunnel who have been locked out of employment b\ Mesais MlLoan and Sons, Ltd The position is On the 13th instant notice was posted at the works to the effect that seven hours' shifts should be worked on Saturday afternoon and Monday morning, the night shift to bo increased to eight hours ihit proposal, if carried out, would bo/a distinct breach of the award and also of tho Public Contracts Act, both of which prondo that the hours of work shall be iho sdrao as are'usUal and *fair in locality for the sanfo description of woik"to "which thoy relate The award of the luangahua Miners' Union being the onlj award in existence at the timo this contract ;vas let to Messis' M'Lean and Sons, in connection with rock mining in the' AVestland industrial dtstncf — which provided for seven hours' shifts on Saturday afternoon and Monday morning, and tho night shift, and also for Overtime to be paid for all the time mon vvoie plojed undor ground for more than S houis suilaco to surface—became binding on Messrs M'Lean md Sous This responsilnl lty thej seek to sot aside and ignore their responsibilities under tho Public Contracts Act This union could not permit this breach of the pimciple they have contended for on behalf of the underground woikers for J ears past without stultifying the action of the members of Parliament "who supported the bank-to hank principle, and themselves Messrs M'Lean and Sons have no excuse in this mattor Ihoy well know the hours of \work fixed by'law and the Inangahua award when they took over the contract, nnd should not now seek to shirk their liability to oh serve the hours of labour usual and fair in tho locality for rock miners | This point need not be laboured further • It will bo seen that the union has a vital principle to maintain, and it is impoksiDlc to submit to the mandate of Messrs M'Lean in the question of hours of empknment for underground workers On the I4th and I9th instants, Messrs M'Lean caused notices to be posted at tho works, hrstlv asking the mon omploved underground at th 6 tunnel to deposit 10s /6d indemnity to tho contractors for damage to or loss of acetjleno lamps, secondlv, td deduct 10s 6d from the wages of the men on an order which they would havo to give before the lamps would, bo supplied thorn This is another attempt on 'the part i of tho contractors to shift undoubted haI bihty on to the men's shoulders i Tho contractors are bound toi supply, under the sjMcincations of contract, "elcptric lights of I eight candle-poweY, m working faces and I man-holes, but, instead of this provision being carried out, and a healthy light supplied, tho k acetylene substituted tends to inako the ventilation impure m tho working faces If the. men consented to tho proposals of tho contractors m reference to the lights thoy would bo parties, not only to a breach, of Messrs Al'Lean and Sons' contract, but also of the provisions of the A\ages Protection Act, which will not permit any deductions being mado from the mens wages by the employer, except for medicine or medical attendances (see Section 4/) lho men would also be parties to the abrogation of their legal rights under tho award, and tho Public Contracts Act Tho union could not admit of tho contractor being relieved of any liability for tho proper lighting of tho tunnel, pr»it being shifted on to the shoulders of the men, any more than thr-y could admit the liability of the contractor to sdpply tools and other appliances being placed on the workers The, custom m the locality in rock mining is l for, the mine-owner to supply the lights, and this Messrs. M'Lean and Sous aro hound to do undor the specifications of contract, the award, and the Public Contracts Act In the case of wilful damage to tools or appli ances by the worker, the employer has hi« remedy either by logal piocess or by dis charge from the works,land, bevond this, no union could consent to go without breaking through tho principle of all legislation passed tor the benefit of the workers, and the obligations the employer has always had In conclusion, under the above-mentioned circumstances, tho union confidently request your active support and interest, more especially as vro are willing to leave the settlement of tho matters in dispute to the Conciliation Commissioner, and abide by this decision, but thu tho contractors have refused (Signed 1 Heurv Betts, president, Mark Fagan, secretary"

THE BANK TO BANK CLAUSE, m, rr t, August 23 «. i ?5. M'Kenzie, w h„ passe d through Christchurch to-night, stated that he had had an application from the Fedcr. ated Miners' Union to apply the bank to bank clause m connection with tho tunnel works it Otira He said as the work neither came under the gold nor coal mining laws his impression was that tho clause could not be applied, but ho was taking logal opinion