THE ARBITRATION ACT.

Dominion, Volume 5, Issue 1411, 11 April 1912, Page 4

THE ARBITRATION ACT.

♦ AN IMPORTANT QUESTION. ißy TelcEraDh-.-Press Association.; Auckland, April 10. Judgment in the caso against the Watersido Workers' Union was set down for delivery this morning at the Magistrate's Court. The claim was for .£2OO penalty for breach of the Arbitration Act, Iho allegation being that the union incited a strike of wharf labourers on November 21 at Auckland, when a number of men refused to handle superphosphates at less than Is. fid. an hour. Mr. Mays and Mr. Gohns appeared for the Labour Department, anil Mr. Way mid Mr. Collott for tho union.

Mr. Hays said that the question raised both in the present case and that of tho Labourers' Titian, which was coming on to-morrow, was so important that nn opportunity should bo given to nrguo it fully, and it was thought by the Department that tho best: thing to do was to take the cases direct to the Court of Arbitration. Tbo question was as to whether the notions of officers could bind a union in co-o of n strike, lie believed it would be conbmUl lint the meeting of the union al whieh the >triko in dispute was decided upon, though attended by a number of members, was not a legal "meeting, not linving been rnlWl in accordance with the rules of the union.

Mr. Keltic said ho quite agreed that the ronr-e suggosleii was Hie proner one. Two points at issue were:—Hi Was there a strike? anil {2) was the union bound by that strike? In other words, were tho acts of the secietavy the acts of tho union, and binding upon the union? Ho had no difficulty in deciding the first point. 'Dliero was no ilonbt there was a strike, but with regard to (he very important uuoMion raised by the second point, he thought it should'bo docided bv Hie Court rf Arbitration. In any case, had the applies! ion not been made ho would have -laled a i-ii'-v for the ooinion of that Court. The removal of I lie matter to the Higher Court would -avo lime and money, iiml give an authoritative deci-ion. Mr. Mays elected lo accept a non-suit, willi the' MudiM'-tanding that the case would be removed to Ihe Arbitration Court.

Mr. War raised Hie question of costs lo the union, but his Worship said he would reserve that matter until after judgment had betn giVa.