UNUSUAL POSITION

Hokitika Guardian, 17 April 1931, Page 8

UNUSUAL POSITION

APPLICATION FOR AN AWARD REFUSED.

PALMERSTON NORTH, April 14. Stating that no award would be made when the applicants were not representative of the industry, the Arbitration Court to-day refused the application of the Wellington Dairy Factory Managers’ Union for an aWiij-d governing working conditions in factories. Tt appears that there are two bodies of factory managers, one of which formed itself into a union the other being affiliated with the Dairy Factory Managers’ Association. After recent Conciliation Council proceedings, nil ety-nivc managers out of tOfi signed an agreement with the employees which meant, according to tile Court, that a considerable number of fifty-one members claimed by the union, bad signed. That agreement was valid. Tf an award ivas made it would be bimli”g only on managers wb<> b„d not signed, stated Mr Justice Fra/er. [t would not nwilv to the r.i»etv-nine signatories. The Court hud discretionary powers and would not make an award when the applicants were not representative of the industry. It would he grossly unfair to mat-, ;m ••"•••’•d for their benefit in view of ’he I'"’ -1 that it, would become hi "di on n‘'\v factories that commenced business in the future. This position R'd not occurred before and could onnlv onlv when a new award applied, for bad there been n substantia! r ,i pre« , 'ntvCon of managers on the ro"Hor”d union the Court might have exercised its discretion to make an award < spite the agreement. But tlm lat'iiv had not eontcmolated that !,ossjliilitv. As long as there was not an actual award in evsistmme tirre would be no bar to an agt-oemonl being made.