CLERICAL WORKERS

Hawke's Bay Herald-Tribune, Issue 140, 30 June 1937, Page 3

CLERICAL WORKERS

i— Preai Aaaociation.)

Appeal Court Hearing Continued DEFINITION OF "INDUSTRY"

(By TelesrrapJ

WELLINGTOnT Last Night. Tha case for the Otago and Southland Stock and Station Agents' Employees' ■Trade Union and others, which started in the Court of Appeal yesterday, was continued io-day with legal argument. The action was removed. to tha Court of Appeal by Mr. Justice Kenliedy, writs being sought to quash the Otago Clerical Workers' Award, quash the Otago Clerical Workers' Union, and to command the Eegist.rar of Industrial Unions to register the Otago and Southland Stock and Station Agents' Employees' Society as an industrial union. The main contention is that clerical work is not a separate industry, and, that being so, the registr^tion of clerical unions and awards jb invalid. Mr. j. 0. Mowat (Dunedin), 'for plaintiff, made the following eubroissions on behalf of plaintiff s : — (1) That the Tefusal of the registrar to register plaintiff union or society as an industrial uniou on the ground that its members could belong to defendant union was illeg&l and in eseess of his jurisdiction. (2) That plaintiff society is entitled to h writ of mandamus commanding the registrar to register the society as an industrial uniou and not merely direoting him to consider its application. Counsel contended that, if the coa* tention on behalf of plaintiffs that defendant union was an invalid body and ought, therefore> to be quashed was cor* rect, plaintiff society could not be wfused registration for the reason givea by the registrar. In any event at the point of time the refusal was madOf there was not any existing industrinl union to which the members of plain' tiffs' society could belong. Presentation of argument on, behalf' of defendants was commenced by Mr, H. F. O'Leary, K.C. He said that he would not refer to certain historical and other matters mentioned by counsel for plaintiffs to creute an atmosphere of prejudice against defendant union. Hfl eubmitted: — (1) That defendant. union is a pro* perly xegistered union under the LO. and A. Act. (2) There was a dispute which wai an industrial dispute and to that dispute were the requisite parties to give jjirisdiction to the Court of Arbitration. The award of March 10, 1937, is a vslid award. (3) In respect. ,of Section 6 of the I.C. and A. Act, the Tegistrar of industrial unions is given power to opquire whether applicant society is one qualified to be registered. Counsel said that however inconclusive the registrar 's findings might be, that clerical work is an- industry, it was urged that a certificate as to registration endowed the ' union with the status of an industrial union under the Act. (4) That acceptance of submissioa 3 meets the allegations made by plaintiffs in the statement of claim (viz., that the award was a nullity and made without jurisdiction) and establishes that the award was made between a valid industrial union on the one side and the employers on the other. (5) Determination of what is an industry for all purposes relative to the Act is a matter which the legislature lxas left entirely to the decision of the Arbitration Court and Section 91 affords protection against any allegedly erroneous finding of the Court. It is contended that the Act reeognises and provides for what are termed craft or vocational unions in addition to unions i:i respect of enterprises in which the employer and employee are associated. This, in turn, depends on the meaning of "industry" as defined in the Act. Does "industry" mean or is it referable solely to an enterprise in which the employers and employees pre associated or ongagod, or does it mean also a voeation or persons doing a particular kind of work in connection with several different classes of such enterprises? Defendants' easo is that it covers both meanings. The hearing was adjourned. t