SUB JUDICE?

Evening Post, Volume CXXVIII, Issue 2, 3 July 1939, Page 11

SUB JUDICE?

DAIRY WORKERS' CASE

AWKWARD PROPOSALS

REMARKS RESENTED

Publication of remarks made at the recent National Dairy Association Conference drew comment today at the resumed meeting of the Conciliation Council which is considering the proposed New Zealand dairy factory employees' award. The council previously met for three days in May. The Conciliation Commissioner (Mr. M. J. Reardon) presided. Mr. J. Roberts was the advocate for the union, and the assessors, were Messrs. J. Ross (Hawera), J. P. John (Auckland), H. J. McKeown (Auckland), A. Guy (Bunnythorpe), H. C. Phillips (Patea), A. E. Tongue (Christchurch), and J. Allison (Southland). The employers' advocate was Mr. T. O. Bishop, and the assessors were Messrs. H. E. Pacey (Wellington), S. A. Ferguson. (Morrinsville), W. Y. Kirkman (Hamilton), N. Campbell (Kauwhata), A. H. Templeton (Dunedin), E. A. Collins (Taranaki), and G. R. Herron (Invercargill). "I want to know why we were not invited to the Conciliation Council held in Wellington last week in connection with the dairy workers' dispute," said Mr. Roberts, at the beginning of today's meeting. "All these proceedings were discussed. I don't know whether you were there or not." The Commissioner: I'm afraid I was not. "I want to know whether these proceedings are to be purely political or whether they are to be economic," continued Mr. Roberts. He said that the law relating to industrial disputes had been flouted. He understood that the dispute was sub judice and that there would be no public discussion of it until the .Conciliation Council met again, but the workers had in the meantime been accused of making preposterous and. unreasonable demands and of going every week to the Court of Arbitration. They objected strongly to that sort of thing, because it prejudiced their case. They expected the dispute to. be settled in the ordinary way, without politics, and. they thought it fair that they should be invited to any conference at which it was discussed. When the employers got a rise in the price of butter they did not find the,union squealing about it in the papers. A lot of other people did, but the dairy workers did not. Mr. Roberts said that the main question still in dispute Was that of hours. If that were settled, wages and conditions could be adjusted. MEANING OF ALLUSION. Mr". Pacey asked what was Mr. Roberts's allusion to a Conciliation Council meeting to which his side was not invited. He (Mr. Pacey) was similarly neglected. Did Mr. Roberts mean the National Dairy Association conference? Mr. Roberts: Yes. Mr. Bishop said that when the Conciliation Council adjourned in May he thought it was understood that the employers' assessors wished to. discuss the proposals with their principals and the meeting today was arranged to follow the N.DuA. conference as a matter of convenience. He was not present at the N.D.A. conference and when he saw some of the proceedings reported in the paper he thought there had been something dangerously near an infringement of the law, as Mr. Roberts had pointed out. . "I agree it was convenient for your side to discuss matters connected with the dispute at the time of the N.D.A. conference, but if these proceedings come before the Court of Arbitration after all the articles appearing in the daily Press, I don't think it will be a fair thing to the dairy workers in general," said Mr. Roberts. "I would be the last in the world to suggest that the people here should hot discuss with tHeir principals- anything they like. It is their duty to do so, but the publicity that the dispute has brought—well, I suppose it is done and we can't help it." Mr. Campbell said that he attended the N.D.A. conference and heard no reference to anything, barring the employers' claims. He heard nothing that could have come from the Conciliation Council. • "MISREPORTED." The Commissioner: You must make the defence that you have been misreported because that is very different from what appeared in the "Evening Post." Mr. Roberts read, from a newspaper report which referred to "exorbitant demands" being majje by the union. The Commissioner said the suggest tipn was made that the N.D.A. Conference should go to the Minister to lodge a protest against the workers' action. The Commissioner pointed out that the demands of the union had been issued in response to the demands of the employers, who had created the dispute in all eight districts of New Zealand. Six weeks elapsed before the workers responded with- a single citation. There was no weekly demand. "I don't know what they are going to do with the Minister," said the .Commissioner. "I must say that ever since I have been in this position I have never been interfered with by the Minister, the Department, the Court of Arbitration, or anybody else. We have been allowed to pursue our own way as best we could. It is hardly likely that the Minister is going to intervene, no matter what the nature of the protests." Mr. Roberts said that while the workers realise.d that the employers' assessors had every right to discuss any matters with their principals, they questioned whether it was'fair or right that the matter should have been dealt with in the way it was. "INNOCENT PUBLICATION." "The publication of those critical remarks at the N.D.A. conference," said Mr. Bishop, "was not in accordance with the usual rights of conciliation councils, nor do I believe it was in accordance with the law, but I do think that publication was made quite innocently. I presume that Press reporters attended the conference and were not warned they should not have reported certain things. It seems to me that the N.D.A. conference could discuss the award proceedings as much as it liked, but it was not open to it to give publicity to remarks which might prejudice the proceedings later on." Only some of the. employers' assessors were present at the conference, Mr. Bishop added. The Commissioner read the following extract from "The Post's" report of Mr. A. Morton's remarks at the N.D.A. conference. "Unfortunately, that state of affairs had not been brought about. Not a single week had passed without new demands coming before the conciliation councils and the Arbitration Court. The demands had been of an exorbitant nature, and as they affected the dairying industry, were far beyond the ability of the industry to meet, particularly in the case of the small cheese companies. All that had taken place !in face of the assurance given by the

Minister.of Marketing that costs would be stabilised as' well as prices." Mr. Bishop said he understood that to refer to all industrial demands, not merely to those of dairy workers. The Commissioner: I'm afraid we can't do anything. Mr. Morton is not one of the assessors. STAND AGAINST EVASIONS. Proceeding to the work of the conciliation council, Mr. Bishop said the employers wished to reply to allegations made against them of evasions of the last award. They had made inquiries since the last conciliation council meeting and had found that] the evasions were not nearly so wide-1 spread as they had been said to be, but j the employers wanted to eliminate all j evasions. They did not want5 any falsification of time books and to prevent it they suggested a clause providing joint action by union and employ-; ers where it was suspected, leaving it to the Inspector of Awards to take] court action where he thought it necessary. Mr. Ross asked whether some form of publicity could be provided in such I cases as it was the greatest fear of offending companies. Mr. 'Bishop said that prosecution was a certain way of getting publicity. Mr. Ross replied that in Taranaki they had had cases in which they had not been able to get the Press to take the side of the workers. Mr. Bishop said that the employers' assessors could not agree to anything which would increase costs. If any changes were to be made in that vital direction they would have to place the responsibility on the Court of Arbitration. Employees' assessors said that the dairy industry was losing skilled men today to other more attractive jobs, and Mr. Roberts said that he did not know of more efficiency than that shown by the dairy factory' workers of New Zealand. That, he said, must be worth something to the em-i ployers. Mr. Bishop said that costs could be! passed on until they reached the man on ,the land and he could not pass them on. ' . Mr. Roberts contended that if theyj could meet the farmers they would reach ah agreement. The council adjourned until late this afternoon. ;