FAILURE OF CLAIMS

Dominion, Volume 37, Issue 14, 12 October 1943, Page 3

FAILURE OF CLAIMS

Alleged Breaches Of Award

A judgment of the Court of Arbitration, dismissing claims by the inspector of awards, Mr. C. >l'. Grieve, against Charles Begg aud Company, Ltd, for penalties in respect of the employment of two workers who were not at the time members of au industrial union bound by the New Zealand Retail Shop Assistants' Award, has been delivered in Wellington. At the hearing evidence was called to prove that tlie workers were not members of the Wellington Amalgamated Society of Shop Assistants and Belated Trades Union, the secretary of tiie union stating that he knew they were not members because he had examined the register and their names were not in it. For the defence, Dr. O. C. Mazengarb submitted that the claims must fail because the statement of claim failed to refer to a proviso in clause 24 (a) of tlie award, which permits the continuation of a non-unionist in employment when there was no member of tlie union available and willing to perform tlie work; because there was no evidence before the Court that the workers were not members of tlie union, for the reason that the nature of the membership rule of the union was such that the register of members did not suffice to show that anyone whose namo did not appear on the register was not a member of the union; and because there was no evidence before tlie Court that the workers were not non-unionists who were being continued in their employment under the proviso to clause 24 (a). Dr. Mazengarb submitted that there were eight other industrial unions of workers bound by the award and no evidence bad been brought to show that the men employed were not members of anj 7 of them. The judgment said that in the absence of any evidence to show the workers were not members of any of the eight unions mentioned the Court was not satisfied beyond any reasonable doubt that the breaches were committed, and judgment must therefore he entered for the defendant. '