LAW REPORTS.

Dominion, Volume 6, Issue 1557, 28 September 1912, Page 14

LAW REPORTS.

REEFTON IMPASSE. (Before His Honour Mr. Justice Sim.) SHALL AN ARBITRATOR ACT? THE DRILLS AGAIN. AND STOPING ON CONTRACT. The Reef ton Mining Dispute was mentioned yesterday before Mr. Justico Sim, the question for consideration boing the appointment of an arbitrator to deal with the difficulty. Mr. W. Pryor, secretary of the . Employers' Association, appeared for tho companies, whilo Mr. P.'J. O'R-egan represented the Inangahua Miners' Industrial Union of Workers. Mr. C. Rhodes, attorney for the Waihi Co., and Mr. Johnston, of the Consolidated Goldfields, Ltd., were also present. Mr. Pryor pointed out that the position of tho companies lvas an unfortunato one, in that tho Warden had granted protection for three months conditionally on their proceeding to arbitration. The union would not agree to this, and, in the event of ail arbitrator being appointed, would give no undertaking to abide by his decision. Tho companies therefore were obliged to go to arbitration, and bear the expense, while the union would not agree, and would not participate in the. proceedings. • Mr. O'Regan replied that he was bound by instructions in the matter. As *'ar as tho miners were concerned, the posi tion was unchanged. They had been working under an agreement which did not expire until July 13 next, and they were still willing to work under that agreement. They held that the question of inhaling rock dust—a matter of life and death—was altogether outside f he question of arbitration. This had been their attitude from the beginning, and was their attitude before the Warden's Court on July 11, but the Warden, nevertheless, made a condition that the com. panies should proceed to arbitration. He had done so at the suggestion of counsel for the mining companies, and it was not competent for them to complain now of what had been done. Mr. O'Regan went on to say that he could give no undertaking for the miners. But he would say that, if they did agree to arbitra-

tion, they would not cavil about their share of the expense, and it was possible that, if an arbitrator's order of reference was limited to the issno on which the mines closed—tho question whether two men or one should work a drill—they would agreo to arbitration. They would not, however, agree to arbitration on the question of stoping on contract because that was not relevant to the dispute, the companies having closed the mines on account of tho dispute regarding drills. Mr. Pryor hero remarked that, unless the question of stoping on contract could bo submitted to arbitration,. it was idle to discuss the matter further, as that was really behind the, whole dispute. It was, ho .contended, niost unreasonable on the union's part not to agree, to arbitration because the companies were, exposed- to the risk of having their, properties cancelled unless they .went .to arbitration. ■

His .Honour , said that his duty was simply'to-appoint an arbitrator, and it was advisable that the parties, should agree if possible upon a gentleman who would act, 'subject, to his consent. Ho added that it' appeared to be usual with labour union's to agree to arbitration when the decision was in their favour. 1

Mr. O'Regan submitted that his clients had been quite fair and above board. They ; had all along taken uj» the same attitude. As for the cancellation of the mining leases, ho undertook to say that Mr.. Pryor did not have the slightest reason to fear any thing, of the kind....... . •Mr. Pryor said that he. would, submit tho names of some gentlemen who would act as arbitrators'. After further discussion it was agreed that Mr. Pryor and Mr. O'Regan should confer with Mr. Mark,- Anthony Fagan, secretary of the Reefton Union, who is at present in the city. . The matter will be mentioned again at 2 p.m. on Monday. , SOFT GOODS. HEARING OF CASE FINISHED. Further lengthy evidence was heard in tho Court of Arbitration yesterday in the' dispute between the -Wellington: Retail. Soft Goods employees and the employers cited. Mr. Justice Sim presided, and sitting with him as assessors were Mr. Wm. Scott (employers' representative) and Mr. J. A. M'Cullough (employees' representative). Mr. M. J. Reardon appeared for the employees, whilo Mr. W. A. \Y. Gninfoil. apwared for the employers. Hearing of the dispute commenced on Thursday, and particulars of the demands and of the counter-proposals were published in yesterday's "issue. A great many- witnesses were called by Mr. Reardon, and when the Court adjourned on Thursday the union's case was still .uncompleted. Further witnesses were called yesterday morning, and. subsequently the employers tendered evidence.. This was not completed until 3.30 p.m., whan the Court reserved decision.