APPLICATION FAILS

Hawke's Bay Herald-Tribune, Issue 180, 17 August 1937, Page 6

APPLICATION FAILS

-Press Assooiation.)

Conversion of H.B. Labourers, Agreement Into Award ' WELLINGTON 0BJECTI0N

(B.v Telegraph-

PALMERSTON N„ This Day. TTpholding an objection by.the Wellington Industrial District Labonrers' and Related Trades TJnion, the Arbitra* tion Court, sitting in Palmerston^ North yesterday, dismissed an applicatioxi by tho Hawke's Bay Builders' and General Labourers' TJnion for the conversion into an' award of an agreement reached with the employers. The proceedings were begun on Friday, an adjournmeuf being made until yesterday to permit further evidence to be ealled. The Wellington TJnion claimed- that the Hawke's Bay union was not legally competent, by virtuepof its rules, to originate a dispute of the nature before the Court, that the" dispute was not properly referred to a council of con* eiliation in aceordance with tho pro* visions of the Aet; that the citations were in confliet with the intention and spirit of the Aet; and that the result* ant reeommendations of the council were null and void. When proceedings were reBumed yeeterday Mr R. J. Reardon, who appear-' ed for the Hawke's Bay. union, snb' mitted that the Wellington union had no status in the matter. The law provided for applicants and respondenti but there was no provision for "com* mon informers," in which position h€» suggested the Wellington union was. His Honour said the submissioui should have been made at the outset. Mr Reardon asked that the Court, considering its decision, should bear the matter in mind. To this course his Honour agreei Evidence was given on behalf of titi Hawke's Bay union by R. B. Bellerby, former secretary, and J. B, Atkinson, present president. * After a short adjournment, his Hon* our said the Court had made up its mind about the case, and did not feel it was necessary to give a written judg* ment. The Court had no doubt about the legal position, but regretted that it had to come to its conelusion, /which was unavoidable under the cireumstances. The agreement had been approved by the loeal bodies who signed it, and 183 workers had asked for its conversion into an award, but the Act had not been complied with in that notices of a meeting had not been sent by post.This not having been done, the agreement was not valid. The amission to send these notices was probably due fti the fact that the union had had a suc« cession of secretaries, and it was ajn parent that "the ship was leaking' ' be* fore Mr Reardon took eharge. In answer to a question, his Honour told Mr Reardon that there was no» need for the Court to answer the Wellington union 's first submission owing to the second being successfuL Later the Court had before it an ap* plieation by the Wellington Labourers' and Related Trades TJnion for the making of a ' municipal employees' award for the Wellington industrial district. Argument is to be Bubmitted in writing to the Court,