AMALGAMATION OF UNIONS

Dominion, Volume 11, Issue 251, 11 July 1918, Page 7

AMALGAMATION OF UNIONS

4 IMPORTANT JUDGMENT. ' . Yesterday morning His Honour ihe Chief Justice (Sir Robert StouO read the judgment of the Pull Court (the other Judges being His Honour Mr. .Justice Chapman and His Honour Itr. Justice Stringer) in the case of an originating eummons brought by Fortcscue 'William ."Rowley, Registrar of Industrial Unions, "Wellington, v. tlie Canterbury Slaughtermen's Industrial Union of Workers. ;• Tho question raised by the originating, summons was ns to the.meaning of section 20 of the Industrial Conciliation nnrl Arbitration Act,. 3908, which, provides for the amalgamation of industrial Viriioii3. Tho right of amalgamation ia ©with two or more industrial unions in the same industrial district connected with the same industry. "Two lliinsra required then are," proceeds tho judgment, "first, the industrial unions must lie in tho saino district; second, thev must be connected with the same industry. There is power to form an iissociation of unions, but an industrial association has not all the rights of a union; it is a separate i\nd distinct matter, and it is not confined apparently to onn industry. "The whole question that then .arises is this: AVhat is meant by tho words 'connection with the same industry'? The words 'connectod with' appear in FPciion 11, paragraph (a), which provides 'that tho Registrar may refuse to register, an industrial union in &ny case where he is of opinion that jn the snmo locality on industrial district. and connected with tho eame. industry there exists an industrial union'to which membera of such industrial union may conveniently belong. . It irill bo observed, therefore, that 'connected with the same industry' really means that the works™ fli'e engaged in the samo • industry, because the Registrar may say that they can join an'existing union, end t.liat is a ground for refusing to allow a new union to bo created. The Court cannot wad the words, 'connected with the 6ame industry' as 'industries deemed to bo related to each other,' as provided for in section 2f. Industries may be related to oaftli other which lire not the fame industry, alid a dispute in a related industry may have, a very important bearing on another industry, and yot the industries be quite-distinct, and not come under the definition of 'the same industry.'" It was held that the words "connected with tho samo industry" must l>o read in their primary meaning; Ihcro must be nn identity of tho industry, and not merely a relation to it, and it was decided that the question asked in the originating summons should bo answered "No." At the hearing tho Solicitor-General 'Sir John Salmond, K.C.) appeared for the Registrar, and Sir John Findlay, K.C, with him Mr. L. LI!. Edwards, for tho union.