Reefton Dispute.

Maoriland Worker, Volume 3, Issue 82, 4 October 1912, Page 1

Reefton Dispute.

AS TO APPOINTMENT OF ARBI»

TRATOR.

MATTER BEFORE THE SUPREME

COURT

The question ot appointing an arbitrator i$ deal with the Eeefton mining dispute came before his Honor Mr. Jus%kq Sim ia the Supreme Court last Friday.

Mr. W. Pryor appeared for the company and Mr. P. J. O'Began for the Inangah.ua- Miners' Industrial Union. Messrs. G. Rhodes (of the Waihi Company) a.iid Johnston (of the Reeft«n Consolidated Company) were present in court,

Mf- Pryor said that the position of the eynipnnjes was inconvenient in that the warden had granted protection f@r three months conditional on their proceeding (to arbitration.. The union W@uld not agree Iμ aibitration, and wpnld give bo undertaking to abide by the award in. the event of arbitration. The compa.iies were ju the position, that they were subject by the warden to go to arbitratiorv and t« beaf the arbitrator's ejp«n§e?, although the unjon woykj npt participate in arbitration prgcfiedings.

Mr. O'Regan said he was bound by his instructions in. the matter. . Aβ far gs the mifterg were cpßcerneiJ, the pasi.tion was not changed. They had been working "under an industrial agreement thai would not expire till July J3 m*s- They held that the question of rock dust, a matter 6f life and death, was altogether outside a question of arbitration. This had been their attitude from the beginning. It had been their attitude before the Warden's Court on July 11, but, notwithstanding, the warden had made it a condition that the companies must proceed to arbitration. "What the warden had done was on the suggestion of the mining companies by their counsel, and it was not competent for *,hem now to complain. £($ ggre UP u.udertakjg£ for tlie miners, but he would say that jf they did agree iff arbitfation they would iiot cavil ibout f !>e;r shore- of arbitrator's espenses, and it was possible that if the arbitrator's order of reference was limited to the issue upon which the mines had been closed (.the question of whethere one man or two should work the drill) they would agree to They would not agree to arbitration on the question of stoping on contract, because that was not relevant to the dispute, and the companies closed the mines on account of the dispute regarding drills.

Mr. Pryor said that unless the question of stpping on contract could be admitted to arbitration it was idle to discuss the matter further. That was really behind the whole dispute. It was most unreasonable on the union's part not to agree to arbitration, because the companies were exposed to the risk of having their properties cancelled unless they went to crbitration.

His Honor said his duty was simply to appoint an arbitrator, and it was desirable that the parties should agree if possible upon a gentleman who would act, subject, of course, to his consent. It appeared to be usual for labor unions to agree with arbitration only when the decision was in their favor.

Mr. O'Regan said his clients had been fair and above board, and they had taken up the attitude in the Warden's Court that they took up in the beginning, and which they took up still. With regard to the cancellation of the mining leases, he undertook to say that Mr. Pryor had not the slightest reason to fear anything of the kind.

Mr. Pryor intimated that he was prepared to submit the names of several gentlemen who might act as arbitrators, and after some discussion it was agreed that Mr. Pryor aiid Mr. O'Regan should confer with Mr. Mark Fagan, secretary of the union, who is at present in Wellington. The application was adjourned in the meantime until 2 p.m. on Monday.