ALLEGED STRIKE.

Hokitika Guardian, 24 July 1923, Page 4

ALLEGED STRIKE.

NEW PLYMOUTH, July 20. Have shipping companies a right to order oil work watersiders standing by ninl at: the same time order them back for work the same day f was a question that was raised in the court here today before Mr Mowlcm, S.M., when the inspector of awards claimed penalties of CIO each against hlty-five watersiders, alleging -that they took part in a strike. The men were engaged working the liner Opawa, but on May Bth heavy rain prevented them from starting work in the morning. The men were ordered lo stand by. and at 10 o’eloek iole 1 to come back at 1 o'clock, being paid two hours standing by time lrom s o'clock to 10 o'clock. At 1 o'clock only five men turned up. ,1. Roberts, se; rotary ol the Ledernlvd Watersiders' Union, appeared lor til'iv-l’our of Hie iloiVmkmls, and

asked for an adjournment, a- the validity of the clauses in the award was being questioned in the Supreme Court, but the magistrate decided to proceed on the law as it stood. Lor the plaintiff evidence was given that the stevedore bad told the men at If) o’clock that all hands were to come back at one o'clock. Only live turned no, but all except one resumed the next morning on being told by the foreman to go back to their old jobs. It was eon tended that there was no suspension of engagement.

Lor the defence, Mr Roberts quoted tlm definition of a strike, and eontended that there had not. been ain collusion hv the men, Tim! im breach of contract. He brought evidence lo show that the engagement of lhe men laid been suspended by Id o'clock. It was alleged by ihe defence, but domed by ihe person in question, that he bail quoted a clause of the award under which be had suspended engagement, and at the same time ordered the men buck.

Tin magistral'' said ilini the point was a far-ii a-.-liiiig one, and he would give his decision in writing.