MINING TROUBLE

Dominion, Volume 14, Issue 96, 17 January 1921, Page 6

MINING TROUBLE

THE VICTIMISATION CHARGES

INVESTIGATED BY UNDERSECRETARY

A REPORT TO THE MINISTER

In view of the trouble that threatens to break out in the coal mines on account of the alleged victimisation of two men by tho Blackball Coal Company, the Minister of Mines (the Right Hon. W. F. Massey) has supplied for publication a report received from the Under-Secre-tary for Mines (Mr. A. 11. Kimbell). Tho report reads as follows: — “Ro labour troubles at Blackball colliery. Pursuant to your verbal request of this morning that I should focus the statements made in my report as to the above matter, I now give hereunder a brief summary as to the position. “1. Angus M'Laggan. Arising out of the inquiry which I held at Blackball on December 22, the company has offered to re-employ M'Laggan, but on tho understanding that his case is not to form a precedent. “2. .William Henderson, a trucker formerly employed at the Blackball colliery, but whose services were dispensed with in November last for using bad language to a deputy whilst underground. Henderson admitted to me to having used bad language to Anderson, but he would not incriminate himself by saying that he had used any particular words. He also intimated that he was prepared to apologise for using offensive language, but ho thought the deputy should also apologise to him, but the deputy 'declined to apologise on the ground th'at he had nothing to apologise for. ,The evidence adduced by both parties before me was very conflicting.

"A number of the company’s officials stated that they had never heard the deputy use bad language to any workman, but he did swear at things such as trucks, timbering, etc. On the other hand, four or five workmen stated positively that they had heard the deputy swear at the men frequently, but the deputy denies this. During the whole of the deputy’s employment at this colliery, for a period of a little under eighteen years, the deputy said he had never known of any complaints having been made by any of the men ns regards his language. The evidence tendered by the deputy was not, however, quite satisfactory, in that a number of his statements were conflicting, and I am not satisfied from his own evidence that he was altogether free from blame in this matter. “It was stated 1 at the inquiry that if Henderson were re-employed the whole of the deputies employed at this colliery would resign. It was also stated by one or two of the deputies that they were frequently called 'pimps’ by'some of the workmen, and that expression they took strong exception to. They had now taken up Henderson’s case apparently with the object of endeavouring to put a stop to the use of abusive language against themselves. “Henderson was practically dismissed by the deputy for using abusive language towards him, but Henderson pleaded that he did so under strong provocation, because, according to his statement, the deputy first used bad language towards him. I may add that Special Rule No. 57, included in the second schedule to the Coal Mines Act, 1908, as amended by section 7 of the Coal Mines Amendment Act, 1908, prescribed that no person shall use threatening or abusive language towards the manager or other official of the mine, nor shall any manager or other official of the mine use threatening or abusive language towards any person employed in or about the mine. It was, therefore, competent for either Henderson or the ’deputy to take action in court in connection with this case, but neither of the parties has taken any action. “Summed up, in view of the whole of the circumstances, I find it impossible to come to a definite conclusion as to this case, but it does appear that' differences such as these should be settled locally, either by the union and management, or by seeking the intervention of the Magistrate’s Court. It should no- be overlooked that Henderson has been, and is still, working as a check-weighman at Blackball, his wages being paid by the union, and not by the company. (Signed) A. H- KIMBELL, “Under-Secretary, January 15, 1921