“CAUGHT AUSTRALIA BY THE SWORD-ARM"

Dominion, Volume 9, Issue 2717, 11 March 1916, Page 3

“CAUGHT AUSTRALIA BY THE SWORD-ARM"

, JUDGE; ON COKE-WORKERS' : STRIKE. Delivering judgment recently in the appeal on behalf of the watchmen, bagfillers, and bag-sewers against the .cokeworkers' award, Mr. Justice Heydon referred to the attitude of workers who wanted the strike and arbitration as well. "So far as the fillers and sewers are concerned," said His Honour, "I should, in any case, dismiss their appeal; but there is aiiother consideration which must have been , fatal. It seems that after Mr. Henwood obtained from the Court, on December 15; consent Jo appeal, the men, on the 17th, -went oil strike and stopped the production of coke. As, without coke, tho smelting works at Lilhgow and Newcastle, so immensely important in this time of war to tho Commonwealth, must have stopped, the men had practically canglit Australia by the , swordarm, and Imng' on to it, and helped the Germans, though, it is only fair to suppose that they were not fullv conscious of what .they were doing. The employers yielded, and a conference was held, the result of which was that tho men obtained certain alterations in their favour, which they still enjoy. Then came with this appeal to get something more. That cannot be done. This Court has over and over again laid it down that it must bo one'thing or the other; that if tho men strike they cannot havo arbitration. Mr. Justice Higgiiiß has recently most emphatically assorted the same principle against the workers at Broken Hill. "Some time ago a gentleman was reported as having said that ho did not agree with the action of the men (I think at He said, 'They ought to havo 'tried arbitration first.' ■This is tho sort ofvthing, that Mr. Justice Higglns guarded himself against when he required as a condition of hia hearing tho case, a faithful promiso from the Broken Hill men that they would accept his award oven if it was against them. But in most cases, no doubt, men can get arbitration first and strike afterwards. But they cannot strike first, and get arbitration afterwards. That is,quite another matter. That is what they have tried here, and that is what- would have barred* them out even, if I bad been in their favour. But for this I might have been ablo to give' the watchmen their two shillings; they have a stronger case than the others. But I suppose they were in tho strike also. Moreover the claim on their behalf was intended to operate as a shoeing-horn for the piece-workers, for whom Mr. Henwood, after explaining their claim, added that lie was 'entitled to a further increase for what may bo given to the watchmen.' I am sorry that I cannot give them anything,, and I thereforo dismiss this appeal."