BOARD’S NELSON SESSION

Nelson Evening Mail, Volume 77, 3 September 1942, Page 2

BOARD’S NELSON SESSION

FURTHER CASES HEARD In the Supreme Court room, Nelson, yesterday, the Armed Forces Appeal Board heard further appeals against military service. The Board comprised Messrs G. L. Page (chairman), J. Dicker and L. Ward.

An appeal on behalf of Newman Bros. Ltd. was lodged by the Director of National Service in respect of F. A. Herd who was engaged as service car driver between Blenheim and Christchurch or Blenheim and Nelon. He was stated to be a reliable and capable driver and it would be almost impossible to replace him. The company had no spare drivers now, mechanics being used as drivers when an extra one was required.

The appeal was adjourned sine die. An application for postponement of service was made by R. H. Fitzpatrick (Mr J. P. Hayes), a college boy who is a candidate for the Matriculation examination in nearly three months’ time. Postponement was sought until after the examination.

Another application for postponement was lodged by C. J. Harley (Mr C. R. Fell), a college pupil, who is a member of the A.T.C. and was sitting for an examination for entrance to the Air Force in a few weeks’ time. Postponement of military service was requested to allow reservist to sit for this examination. He is also a candidate for the Matriculation examination.

Appeals in both cases were dismissed subject to reservists not being called up before Ist January, 1943. An appeal was heard for A. C. Norgate (Mr W. V. Rout), storekeeper at Wakapuaka. The appeal was supported by a petition from 170 people in the area served by reservist’s store which embraced the district from Nelson boundary to Whangamoa. The store was also a post office and the only one in that district. It had a petrol pump serving about 300 gallons a month, catering for many people in the district who without the petrol pump operating there would have to come into Nelson for their petrol. Reservist had not been able to find anyone to carry on the business. He was a married man with three young children. Without reservist the stoi'e could not be carried on. Efforts to sell or lease the business or to obtain a manager had met with no success.

The appeal was adjourned sine die. Two appeals for employees of the Post and Telegraph Department, R. E. Shaw and E. H. W. Allen, were lodged by the Director of National Service. The reservist Shaw was employed as faultman and was a skilled man, having had 16 years in the service of the Department. The Army authorities had requested that the mechanical staff be retained at its pi*esent strength, at least, for the maintenance of essential communication service*. The appeal in respect of reservist Shaw was adjourned sine die. The reservist Allen, who was a grade 3 man, was employed in the P. and T. Department at Motueka. He had been accepted for home service clerical duties with the R.N.Z.A.F. He was a married man and had 18 years’ service with the Department, and was now employed as telegraphist at Motueka Post Office. Before the war five trained telegraphists had been employed there and now there were only two; one of them reservist, and a youth with only 18 months’ service. There were no trained men to replace reservist. The appeal in respect of Allen was adjourned sine die. An appeal by R. M. Shirtliff (Mr E. B. Moore) in respect of W. E. Cross, a lorry driver in his employ, was heard by the Board. Reservist was also managing the Westport end of the business which was a very busy one, being the only direct transport service between Nelson and Westport. Four trucks were required to run the service but recently, by the loss of a driver, the service had had to be reduced to three trucks as it had not been possible to fird another driver. Reservist had been employed by appellant for 10 years and was a careful and capable driver. The appeal was adjourned sine die subject to reservist joining the Home Guard.

An appeal was heard from W. Richards (Mr G. Samuel) in respect of an employee, E. P. Rzoska, a married man. The evidence was that reservist was the only qualified electrician in the business except appellant who was fully occupied and unable to take on any substantial part of reservist’s work. There were also two apprentices, one of whom was about to go into the Navy at any time. The appeal was supported by the Nelson Hospital Board, whose electrical appliances were serviced by reservist, also by Nelson firms. Reservist had expert and specialised knowledge which made him the only man available in Nelson for certain work. Evidence was given that the Public Works Department was dependent upon reservist for essential work.

The appeal was adjourned sine die. An appeal was heard in respect of G. W. Hill and R. M. Pitcher, plumbers employed by the South Island Plumbing and Heating Co., Ltd. Appellants were engaged in plumbing work on several large urgent defence works and an adjournment of three months was sought to enable these installations to be completed. Further plumbers would also be required to complete the work in scheduled time even if the two reservists were retained

The appeal was adjourned for three months.

An appeal was heard from R. N. McKendry, a driver in the Lake Rotoiti motor service. The case had come before the Board previously and had been adjourned. The service consisted of three buses and three drivers were needed continuously. Mr C. Dobson gave evidence that he had only one other driver beside himself and reservist, and that one was a relumed man from the present war who was not physically fit to drive every day. The cream season was due to start in about three weeks’ time and this would necessitate a service from the Lake and one from Mur r .nison every day. All the servicing was done by Dobson himself and he also acted as divivf r

The case was adjourned sine die. The board heard an appeal from D. Tasker in respect of an employee, D. R. Phipps, a married man. Appellant was his only assistant in his butchery business which had a country connection with deliveries twice a week. Appellant was also engaged in farming approximately 100 acres. Prior to the introduction of zoning regulations three men had been employed. The work now could not be carried out with less staff and all efforts to replace reservist had been without success. The case was adjourned sine die. Transport (Nelson) Ltd. appealed for seven employees of the company, J. R. Galway, D. R. Wratt, H. W. Crayford, F. T. Funnell, J. W. Hume, D. I. Cunniffe, and T. Alexander. With the exception of Funnell who was a mechanic, all were employed as drivers.

Reservist Cunniffe opposed the appeal. He was a married man with four children. The evidence for appellants showed that there was a shortage of drivers in the Murchison district where reservist was employed. The cream season just starting would- aggravate the position as it necessitated increased work collecting and distributing cream. The company’s representative

stated that no appeals had been lodged until over 50 employees had been taken for the forces. Reservists were employed in a service ..vYprking for essential purposes. With the present fleet of trucks, it was stated, the company would not be able to handle all the fruit it would be called upon to deal with for the coming season. All reservists were in the Lines of Communication, the transport, or law and order sections of the E.P.S. The appeal was postponed for three months when the position could be better reviewed. An appeal was lodged by R. G. Tregidga in respect of A. D. Tregidga, master of the scow Pearl Kasper. The crew consisted of the master, the engineer, one seaman and two youths, both of whom were under military age. The vessel was at present under Government contract and when released would be required for a service between Nelson and Golden Bay and other points. The appeal was adjourned sine die. An appeal was lodged by the Director of National Service in respect of J. C. Wyllie, aged 20 years. Reservist had for a year been in charge of the Blackbyre cool store. Postponement of service was sought until such time as the fruit would be out of cool storage. The appeal was dismissed subject to reservist not being called up before Ist November, 1942. An appeal by the Anchor Shipping and Foundry Co. Ltd., in respect of eight seamen, employees of the Company, was adjourned sine die. The seamen were F. J. Cappiello, J. G. Farrer, L. R. J. Stevens, D. McMillan, T. S. Eckford, D. E. Collins, R. J. Merrick, A. S. Bruce. The same company also appealed for five employees engaged in work at the foundry. They were J. Hughes, R. A. New, F. N. Jarrett, M. P. Moffatt, and D. J. Owen. The appeal in respect of these five men was supported by the district manpower officer. This appeal was also adjourned sine die.

Another appeal was lodged by the Anchor Company, in respect of an employee, K. J. Chappell, who held the position of assistant traffic manager and assistant industrial superintendent in the traffic section of the company. Reservist was a married man with four children. Another official of the company was at present convalescing after a severe illness and the appeal was adjourned sine die, to be reviewed as soon as this member of the staff was fit to resume work.