A UNION'S THREAT

Dominion, Volume 10, Issue 2963, 29 December 1916, Page 7

A UNION'S THREAT

FEDERAL JUDGE'S INDIGNATION

REFUSES TO HEAR CASE

_ • in a recent case heforo tho Australian Arbitration Court, tho president (Mr. Justice Edmunds) made a very decided protest aeainst the action of a union which came into his Court and threatened to strike if its demands were not conceded. The matter airose out of a reference to the Industrial Arbitration Court by the Minister for Labour of a dispute between the coal lumpers employed at •Mortlate and the 10. R. Wild StevetlorinE Company. Mr. T. R. Bavin ai»peared for the Minister, Mr. O'Connor (for the union, Mr. Wild for tho Stevedoring Company,. and Mr. M'Donald for Messrs. J. and A. Brown. . , Mr. O'Connor, said that if tho dispute was allowed to continue a serious position ,would ariso. The men at ( Alortlake worked ou a basis of 10 hours ' for every 100 tons of coal discharged. The arduous nature of the work had - leen under the consideration of the union for two years, but-only on Saturday week last had a claim been launched against the employers. His Honour: Tho demand was apparently made at a time when the supply of coal was being replenished after the strike. • It is quite obvious that this moment was seized by the men as to opportune one to formulate a claim. ■ Have the men decided not. to work if their demands are not conceded? Mr.- O'Connor: Yes, that is the position. . '

His Honour; This is an unusual procedure, and I am certainly not going to degrade my office.as Judge by sub- / initting to compulsion. You, Mr. ,0 Connor, have acted quite honestly in. the matter, but when a party comes here and says that its claims will be enforced_no matter what the decision ot the Court may be, then the only thine to do is io put the claim out of Court again. Mr. O'Connor: It is 110 use shutting oneg eyes to a fact. The truth is,' - ilonr Honour, that tlie men will not avork if - their demands are refused. -His Honour: Then if that be so my duty-is clear.- I must-respeoi .my office as a Judge, and must also respect my ■ own conscience. These men cannot ex- ■ pect to. obtain.redress-from' an Arbitration -tion- Court. while at tho same • time , making a threat.-to-strike,-and I will ■ Jaave nothing to do with the case. ' Mr.- O'Connor said he did not wish to- be disrespectful. Ho was just explaining tho position. ■ His Honour explained that his remarks did not apply to Mr. O'Connor • personally, but the union had evidently. selected a time when force was being applied to. the community to compel the granting of concessions in connection with the supply of coal, to cooperate with those wiio were -using such compulsion, and take, advantage of the necessities of the public to enforce their claim. (( I do not know," said His •Honour, wßeth'er they admire themselves _for that; I certainly do not admire them. Any union which had reitself and for tlie publio ;would have refrained from coming into a contest',at such a dangerous time, -.with- an-insignificant matter of the kind : before-.the Court.. Instead of consider•ing the community in. .this crisis, they defiantly send'their representatives to say that unless their demands are granted, and the matter settled by compulsion, and not by law,, the city will again be plunged into darkness. In other words they have said, 'Give us these extra men now, or we, the coal lumpers, will cut off your supply of gas. Who.will come along next?" asked His. Honour. ."I- suppose every working section of the community. But they certainly will not come before me as a Judge: - The only answer I can maketo the Minister is that the Court cannot submit to tlie compulsion of anybody appearing before it." _ Mr. Bavin pointed out that the Minister, m the public interest, desired to -have the matter settled. If Mr. 5° n ? or ' s , I ' emar l is : were withdrawn, and the -union came before tho Court in the proper way, :he took it that His Honour would not persist in his re- ■ fusal to hoar the'case. *. His Honour: The men have the advantage of taking the position that the : city would be deprived of gas if their 1 demands were rejected. This means the payment of a sum of money 1 ■under, the circumstances that would 1 exist if a man seized me by the throat > and took moiiey from my pocket. It is just the same as a man being waylaid on the, public highway by men with batons in tbeir hands. " Mr. O'Connor's i .union has joined the crowd with the 1 batons.' Let him'put his.baton down. 1 -His Honour asked Mr. O'Connor if the 1 .men would cease work at once'if their demands were not considered. i ■ Mr. O'Connor: Not to-day; they will i hnish the week, and cease work to-mor- 1 row. i

M.M'Donald, w li o appeared on behalf of Messrs. J. .and A. Brownstate dthat the men at Mortlake were now earning £2 12s. 6d. : :lof ,y day of eight and a half hours discharging 'coal. The cost at Mortlake had gone up from 1 id. to Is. Bd. per ton sinco'l9o9, and the new demand would'sendi'it up another threepence. - •- His; Honour: And' they come to the Court with a weapon-in their hands, and say,- ,'.'lf you don't-give us another man ; and ho be .paid tho samo as the others, all the people of this city will bo deprived ofcoal for gas purposes:" f rom'a moral standpoint can anytliinc bo worse? If tho, public is going to submit, to this, state of things—and I speak now as a citizen, not as a Judge —well and. good,.but for, a Judge to do it and retain his self-respect would be impossible.

At His Honour's Tequest the union representatives then loft the Court. His Honour said that it seemed as if the demands of tho men would have to be complied with, aud tho cost would have to be passed on to the consumer He deplored the fact that tho men had such power, but added that future 'action might be taken.

Mr. Bavin said lie would not like it thought that everything possible had not been done to effect a settlement, and added that there were limits to what a community could put up with iu the wa-v of demands.

His Honour: I shall withdraw now, and leavo tho Minister, tho Gas Company, Mr. Brown, and the stevedoring representatives to confer; If the Minister sees fit to approach the.uuion and thev como hero for a judicial decision I will hear the matter.