ARBITRATION COURT

Dominion, Volume 8, Issue 2412, 18 March 1915, Page 9

ARBITRATION COURT

ADJOURNED DISPUTES EMPLOYERS' VIEW OF THE CASE STATED BY MR. PRYOR . When, the Arbitration Court continued its sitting yesterday, His Honour Mr. Justice Stringer presided, and the assessors wero Messrs. F.IS. Dutbie (for . the employers) and J. A. M'Cullough (for the employees). Hearing was resumed of the application of tho unions for the Court to proceed with the transaction of business which bad been suspended by the Court's decision of August 6 last. Mr. E. J. Carey, who had spoken in support of the application on the previous day, was followed by Mr. S. J. Elston, of Christchurch, as representative of the Amalgamated Society of Engineers, whose dispute had been tiled as far back as March. 1914. Mr. Elston dealt with the application in so far as it affected his own particular union, which had re. ceived no increase of wages since February 13, 1908, while during the same period tho cost of living at a moderate estimate had increased by 30 per cent. The union, along with other unions, was very anxious that the Court should resume the hearing of disputes. Mr. IV. Pryor then addressed the Court' on behalf of the employers, who wore opposed to the Court making any alteration in its decision of August 6 last. He said that the application presented the most serious problem the Court had ever had to consider. On the decision of the Court would depend to a considerable extent tho existence of some businesses, the question as to the further increase in prices in certain directions, and tho question of the employment or unemployment of a not inconsiderable number of workors. Ho repeated this statement. "A Sweeping Statement." Mr. Justice Stringer: But surely, Mr. Pryor, that is far too sweeping a statement to make. The question now is only one to open the doors of tho Court for the consideration of disputes. If the position is that an industry would be so affected that the making of an award would close it up, then t vou must giro tho Court credit for having sense enough to recognise that position. Mr. Pryor replied that he spoko advisedly, and hoped to be able to convince the Court of the truth of his remarks. His Honour said that at all events he could not agree with that view at present. He could not see that the mere hearing of disputes could, have such a serious affect on any industry. Mr. Pryor said he hoped that the Court would agree with him before ho had finished. The employers wero surprised that they should at present be called upon to answer a demand, that the Court should resume the hearing of industrial disputes. '-'It is felt not only by employers of labour," ho continued; "but it is believed also by a very large section of the general public, that at a time. when the most awful war ever known in history is being waged,, when our Empire is engaged m what is undoubtedly a life and death struggle for its very existence, when not a soul can dare to oven hazard an opinion as to what a day may bring forth in the development of the war, it is not fitting nor is it desirable that the disturbances. and to some extent the disorganisation of business, inseparable from such cases, should be brought about by the hearing of industrial disputes." Tho Employers' Federation, felt that the matter had to be considered from a much wider point of view than tho question of the advantage or disadvantage of cither the unions or the employers. The Court had to consider what in reality amounted to a momontous national question. The Patriotism of Either Side. In reviewing tho case put forward by the other side, Mr. Pryor said it had to be admitted that the workers had done their part in connection with subscriptions to patriotic and relief funds, and also that they had shown their patriotism by tho way in which they had volunteered for servico in tho several Expeditionary Forces. Whilo that was so, it had to he admitted that all sections of tho community had done their share in these respects. Professional and business men had given up lucrative positions, mid in some case" had sacrificed their future prospects .very

seriously ill thus placing thair services at tho disposal of their country. Work-" I era generally were not so seriously affected, as in a great many cases their positions wore being kopt open for them. Amongst employers of labour in tho Dominion, there was a whole-hearted endeavour to maintain normal . conditions in tho trades and industries, but the application before the Court was 110(1 calculated to assist the employers in that endeavour. For it was evident from tho argument put forward both in Auckland and "Wellington that tho application was in reality one to tho Court to adopt a course which would enable the workers' unions to prosecute their claims for higher wages, shorter boms, and more restricted conditions of work. He proposed to place siieh information before the Court as would prove that employers were not only earning sinallor profits, but that, in many cases, they wore also carrying on business absolutely at a loss. To agree to the present veqiiest of the unions would, he suggested, aggravate rather than alleviate, tho position in regard to the cost of living, and it was submitted that tho Court should not lend itself to what was evidently an attempt to secure the fixing of higher rates of pay based on a period of abnormal prices and conditions of trado. Employers' Heavy Burdens. From personal inquiries, Mr. Pryor stated that he had found evidence that there was an exercise of thrift, at the present time, greater than was apparent at tho commencement of the war. The people were spending less, and it might bo safely assumed that the cost of living had actually decreased instead of having increased. The whole of the argument put forward by the other side was to the effect, that prices of commodities having increased, tlieir wages should be increased. Even under present conditions, however, it had to be admitted that New Zealand workers were tho best-circumstanced workers in any part of the world, and the employers of New Zealand appealed to the Court with tho utmost confidence to protect them at a time when their burdens were almost harder than they could bear. A natural result of the granting of the present application might be that employers, fewing they were likely to be subjected' to the annoyance, trouble, and expense of contesting fresh claims, would get down to strict business lines, charge full extra costs wherever possible, and employ only such workers as were actually necessary. Up to the present the whole of the employers had been doing their best to keep their hands employed'. Mr.. Pryor then went on to quote figures as to employment and unemployment, and to the conditions of trade and industries. He read tho general gist of reports received and handed tho Court certain confidential reports to assist it in dealing with the case. Looking Things Straight in the Facs. With regard to the suggestion that shortrdated awards might bo made, it was contended that this was an admission that at a time like the present it was impossible to forecast tho future for any length of time, .and it supported the employers' argument that disputes should not be considered by the Court. Short-dated awards would place the employers at a considerablo disadvantage as conditions would bo in a continual state of unsettlement. After reviewing the sacrifices made by employers to keep trade and industry going, and the possiblo effect of ten or a dozen of the enemy's ships eluding the blockade, Mr. Pryor expressed the opinion that very littlo thought had been given to tho position by tho unions. The employers (is .a class wero not pessimistic, but were trying to look things straight in the face, and were endeavouring to put the matter before the Court from a Dominion and Empire point of view, so that there could be 110 possibility of any mistake being made by reason of the fact that tho position had not been discussed in all its bearings. "I submit with all the earnestness at my command," concluded Mr. Pryor, "that this is not the time for the Court to flo anything which will open tho floodgates of clainjs for consideration by ' Conciliation Councils or the Arbitration Court, it is not tho time when employers should bo subjected to tho cxponso of timo aud money to contest such claims, it is not the time when the industries should be disturbed and disorganised as they always are when these, disputes are pending or under consideration. Employers appeal to the Court to give such a decision as will enable them to give the time andthought necessary to do the best possible for their businesses, the workers, and tho country generally." After Mr. Carey had replied, His Honour intimated that the Court would take timo to consider its decision. The advocates on both sides were to be -congratulated on the ablo and exhaustive manner in which they had dealt with tho case. Their addresses had been of material help to tho Court. COMPENSATION CASE. In the afternoon the Court heard s case in which Matilda Wild proceeded against J. J. Curtis to recover compensation in respect of the death of her son, Frank Wild, who was killed in a railway accident on August 29 while in the employ of tho defendants. There was no dispute as to the accident or the amount of deceased's wages (£2 Bs. per week), the whole question being one as to claimant's partial dependency on her son's earnings. Mr. Justice Stringer expressed the opinion that the evidence called in the case was of the. flimsiest jiature, but there was proof that the claimant had received 'various small Bums from her son. A.lump son of £50 would bo awarded, with costs, three guineas. Mr. A. H. Hindmarsh appeared for the claimant, while ,Mr. M. .Myers appeared for the defendant.. v APPLICATION TO ADD PARTIES. The application of tho' Wellington Wholesale Merchants' Storemen's Union to add parties to its award was further dealt with. The names of Aulsebrook and Co., Ltd., the British United Shoe •Machinery Co., Ltd., and Craig and Co., Ltd., were added to the award. The union withdrew its application t'o add the names of E. T. Taylor and Co., J. J. Niven and Co., Ltd., Brown, Ltd., the Westport Coal Co., Ltd., and A. Hatrick and Co., Ltd., as it was unable to v fnrnish tho Court with evidonoe in regard to these companios.