MINERS’ TEST CASE

Hokitika Guardian, 22 November 1929, Page 3

MINERS’ TEST CASE

PAYMENT BY WEIGHT

By Telegraph, Per Press Association; j

INVERCARGILL, Nov. *2l

Described as a-test,case of Dominion importance, a case concerning the payment of miners, and theisystem whereby their output is measured, was brought before My AY.,,H. Woodward, S.M., in the .Magistrate’s iCourt this morning.. •■••

The action was between. Samuel, Mason, Peter Lowe, George. Wilson, and Robert Mclvor, all coal miners at Nightcaps, and the Wairaki Coal Co. Ltd., having its registered office in Dunedin, colliery proprietors. The plaintiffs were represented by Mr P. J. O’Regan, of Wellington, and the defendants by Air J. B. Stevenson, also of Wellington. Some interesting questions of law were involved ir. this case, which was in the. nature of a test case, said Mr O’Regan.. The Miners’ Union was not a registered industrial union, although it was so formerly but it. had cancelled its registration. 1 It.had been the custom in this mining district that three .<oxes should go to the ton. In January,’ 192&, larger boxes were installed, 'and the work was done, on. the bksis of two boxes to the ton. The ’miners were dissatisfied [\yith this, and, rtf their instigation, a test was ipa.de. This was done' after a meeting at which a strike was spoken of. Subsequently if was decided to await ; action until a new agreement was discussed, 'he miners sought to be paid by weight and would not agree to be paid by the box. When the test was made, it was' found that two boxes contained nearly 82!hs in excess of the ton. It was then decided to..fake legal, action in file form of a, .test case. ..•

Air Stevenson said that he would move for a non-suit. The evidence before the Court had disclosed that the custom at the mine for years past had been that a ton was not a ton of weight but a ton of measurement. The parties had agreed that,'tip to a certain stage. a? top should beTlirteddjoxeA of certain weight; anif'at* a latet dhfd two boxes of certain weight. The evidence showed that throughout the district there were no weigh-bridges in any of tile mines, except Linton, which was ontskle the Association to which the Wairaki Coy. belonged. The law seemed to be quite dear that the parties were bound by custom. Counsel submitted that tbe case was not a test that the Court should act upon. A for hearing evidence, the Magistrate reserved his decision.