THE GUILD SUED.

Dominion, Volume 5, Issue 1345, 24 January 1912, Page 5

THE GUILD SUED.

PENALTY OF £200 CLAIMED. THAT STRIKE, WHAT LAID THE STEAMERS UP. COURT TO DECIDE, Much iiilere.-t in the recent strike of officers of coastal steamers was revived yesterday when Ernest Alfred Li< Cren, Inspector of Awards, proceeded in tho Magistrate's Court nsaii;st the Wellinglon Merchant Service Guild Industrial Union of Workers to reeovcr under Section li of the Industrial Conciliation and Arbitration Amendment Act, 1!1O8. Tlic particulars were set out as follow: — During the months of September and October, ]!111, the Merchant Service Guild instigated certain officers (employed by certain of the persons, firms, and companies set out in an award of the Court ot Arbitration, dated September IS, I'JIl, and entitled "WelMerchant Service Guild —Award re officers on small coastal steamers"), to become parties to an unlawful strike. . . . Dr. M'Arlhur, S.M., was on the. Bench. Mr. H. H. Ostler appeared for the Inspector of Awards, and -Air. A. L. Herdman was counsel for the Merchant Service Guild. In opening, (ho case, Mr. Ostler said that Section G of the- Act provided that Every person who incites, instigates, aids, or abels an unlawful strike or lockout, or who incites, instigates, or assists any person to become a party. to any such strike or lockout, is liable, if a worker, to a penalty not exceeding ten pounds, and if an industrial union, industrial association, trade union, employer, or any person other limn a worker, to a penalty not exceeding two hundred pounds.

Plaintiff (Mr. Ostler continued) hail two courses open to him. He could cither sue the Guild Union lor inciting (ho or sub (he ■ officers who struck, but he could not do both. He had chiy-en to proceed againtt the union. The plaintiff had (o prove four things—Firstly, hi; li;id to prove the incorporation of tin; union; nnil senoondly, that an award had been 1\ i * BoUl tlleic P" il,ts wero admitted Ijv the defence. Thirdly, he must show that there was a strike by certain officers who jrerfi bound by the mva r<l: and Iburthlv, that tlio guild, of which Captain AVafc-<m was secretary, instigated the strike, He proposed to prove a demand which had wen made by -Captain Wutson, as pcerefary ol tlie guild, an (he various owners of Jimill steamers for larger pay and shorter hours lor the officers and the lnastens of the steamers. Tlie guild had cited the owners before the Conciliation Council, fit ,Io , n t' ITCII1 ' > "t Jiad been arrived at amioiißh the council held two meetings. I ben they wont to Hie Arbitration Court and, as a result, came Hie award made on September 18. The award did not gonornlly give the jfuilii-what it wanted. There was dissatisfaction, and on Septcmlx-r 29 Captain Watson approached -Air. Fuller of Levin and Co., and demanded a further conference, and stated that if certain (lemniuls were not. complied with, "the position would bo serious, and the men would come out." The Shipowners' Federation wrote asking for time to consider the position, but no further notice was Kiven, and early in October about 30 ofncers gave notice and left work. He proposed to show that there had been organised and- conceited action, and that communications had passed between Captain Watson and those , who took part in the sink?. Company Lost £400 to £500. Robert Charles Henncr, secretary of the Tntea Shipping Company, who were partics to the Jiwitrd, deposed that in February last a demand wns made upon him for increased pay,and reduction of hours for offioers and masters. The Shipowners' Iteration met nnd decided that the owners could not srrant these. .Then the guild cited the shipowners eomnosuiß the federation before the Conciliation council on April 11, 1911, and Captain Vyn-Fon conducted the case for the guild A' deadlock arose, nnd the case went to the Arbitration Court, where an award which was not wholly in favour of the gin (I, was made. This award dealt solely with officers, not masters. Subsequently Mr. Fuller, shipping manager lor Levin and Company, informed the federation that ho had received it certain communication irom Captain \Vntson, and the federation thereupon decided to write to the guild asking them to deter action, but no further time was given by the guild. He thought that tho guild had replied that they could not Rive any further lime, and the officers left their ships from then onwards On October 3 he wrote on behalf of tho federation pointing out that tho guild had not stated definitely what; their grievances, were. Notwithstanding this, tho officers camo out, and were out live weeks. Five of the l'atea Company's vessels had been laid up-the Arapawa liana, Kapuni, Kiripaki, and Kapiti A deputation had waited on Captain Watson and asked for officers, but Captain Watson merely smiled and replied that he could not furnish them. Witness estimated tho Patea Company's loss over the strike as approximately between JMOO and JISOO.

~1 0 Mr- Herdman:.He was not aware that there were three distinct unions—at Wellington, Lytteltou, and Auckland It was true that an officer could leave a boat on reaching his home port providing that lie gave twenty-four hours' notice Captain Watson had never stated that he had any authority from the executive of the guild to prevent officers working on tho boats, nor had he led them to believe that he, as-secretary of the guild, was preventing men from going to, work ou tlie vessels. "Where Can I Find Men?" William Edward Puller, shipping manager for Leyin and Co.'s coastal steamers stated in evidence that his company's boats, which were affected, were:—Queen of the South, Wakatu, Gertie, and Opawa. In Ibo course of a telephone eomwation on ■September 2!) Captain Watson had informed him that, if the demands of tho guild were not acceded to that duv thorn would be "serious trouble" which the witness took to.mean that the men would come out. Subsequently the men did conifl out. On October -I Messrs!. Renner, Rogers Deck, and witmvs called on Captain Watson and asked him if he could find ttliem officers. Captain Wat.son asked: "Where can I find men:-" and then said that he would sec what ho could do, but thev heard no more from him about it. The strike had caused very considerable los*. To Mr. Hordman: Ho did not suggest that Captain Watson hud taken active steps to keep tho men away from their ships. t Tn the course of the telephone conversation Captain Watson may have said that he was Mimmiinicnliiig' with wrt-no.-s on hi* own responsibility. Ho did mil, renidiita- Captain Watson sayinj; tlnifc lie had "no authority from ' his guild" for stating that there whs likely to be ".serious trouble."

In Mr. Ostler: It luid Ijocn their pinetice to KO to Captain Watson when they wanted officers. Captain Watson h-ul always found them officers before. John 11. Dock, shipping manager of W. 11. Turnbull and Co. (agents for the Anchor Lino) staled that their boats were lhi> Wnimca, Alexander, Kennedy, Waverley, Xikau, and 1\ niton. The'officers had left these vassels at the time referred to in the charge and the company had not been able to replnco them. ■Mr. llordm-an: "]s it not a fact that the officers are at. present working with the Federation on ■twins which are not in total agreement wilh (ho invaiil.-"— "Nut altogether." "Captain Watson Was Running the Guild." Frederick Cliapiuan Gale, shipping managcr t for Juhnstuiio and Co. (controlling s.«. Blenheim, Mini, lluia. Mnnaroa, Sloriubird. Ripple, and I'iitiki), gave evidence, They were parties to the award made on September Ih', witness said. On October 1 he nalsul Captuiu Watson if ho would, idlow tliQ 131enhcira and Stormbird.

fo sail willi non-guild mates. Copi.iin Wiit.-on refused. ?li'. Herdinnii; Why did you go"ln CopWitiit'ss: Captain AVfitson was, running iln> guild. But what luul il- (o do with him s — I'-vervUiing." liul wliy didn't you go to Hie masters? —' Jhey were finite willing to go if Captinn Walwui would give them pea-mission." What hml il to do with (apiain AVut."•on:--".\ lot lo do willi liim He was running the guild, and everything had to lie refenvd In him." Didn't Wai son 101 l yon to go rend see, tin' musters of (he r-liijisr—"No." Are vim certain?—" Quite." Donald James .At'Lfan, secretary of the -Uaorilaml Steamship Company, who were mieiesled in Die running of" t;lic Holmdill.', llreeze. IMonc, (ind Sturm, also gave evidence. Interesting Telegrams to Officers. George Levey, sectional rle:-k in the telegraph clearing-room, Wellington, produced a number of telegrams lo oliicers of vessels, which messages mire signed Watson, jind signed on the back "]). ■1. AWtson." Thy telegrams included Ilio iollouing passages, must of which are entire messages:— ;;t_f any trouble, guild pa>H." 'Unless liana remains i'atea. mat- < ters will be exceedingly difficult for us. "Both oliicers give waster 21 hour?' notice." her ns far as Timnni." " . . . . Calling musters out to-dav." "No. Hold up Weslport." "Sorry you can't see your way. You aro only officers holding out. Presume you have 2-1 hours' clause in articles." "Officers to give 24 liour.s' notice. Can wo depend on your" "Officers giving 21 houvs' notice. AVill you do likewise?" "Give masler 21 hours' notice."

THE DEFENCE. CAPTAIN AVATSOX IN THE BOX. The case for the plaintiff having been concluded, Sir. Herdnian put Captain David James Watson, s«:iv~tiiry of the Merchant Service Guild luiluntrisil Association of AVorliers of Anstrala.sia, in the witness bc.v. Captain AVutson nxplaino] that the as-f-pciiition was composed of the Wellington Merchant Sirvico Guild Tmltistrinl Union of AVorkers, and the l.yttelton and the AurklaiKJ mucins. Everyone of the the three unions had a slightly ■different set of rules and. distinct officers. He was secretary of the as-social ion, and also of Hie AVMlington Union. There were, he thought, 279 members in the AVollinglon Union. He, as secretory of the union, had negntiated on behalf of the meinl>i?i;s with the. small .steamship owners to get bettor conditions of employment. A number of officers, some who belonged to the union mid some who did i not, left their omn'oyment. They numbered altogether about 35. There was no union meeting to decide that flierc should be a strike. The award was lnncio on September 18, and on September "2 be returned from Bmiedin, and several officers called on him anil told him that they were not going to work under the conditions set out in (he award. S o witness then rang up Mr. Fuller (thinking he was chairman of the .Shipowners' Federation), and told him that unless tlio owners conceded mere, than the award there was likely to be trouble. He told Air. Fuller that h« wns ringing him un on his own responsibility, and had no authority from (he luiion. His obiect in ringing up was that ho thought that some concession might be made which would keep the men in. Speak'iiigirom niein ory.sevenoreighttifthe officers who were members of the union had left their vessels by October 2. He supposed that they were not satisfied witl/the award He hnd . nothing (o do with these men leaving prior to midnight of October 2 ~'; ""J stiifjo the case was adjourned till 10.30 this morning. :