SEAMEN'S UNION AWARD

Sun (Auckland), Volume IV, Issue 930, 25 March 1930, Page 9

SEAMEN'S UNION AWARD

APPEAL COURT TO SETTLE PROBLEM POWERS OF CONCILIATION Press Association WELLINGTON, Today. The Appeal Court, consisting of the Chief Justice, Sir Michael Myers, and Justices Herdman, Blair, Smith and Kennedy, is engaged today in hearing the Federated Seamen’s Union v. Sanford, Ltd., case, stated under section 105 of the Industrial Conciliation Arbitration Act, 1925, for the court, a dispute having arisen between the Federated Seamen's Union Industrial Association of Workers (trawlers' section) and Sanford, Ltd., fish merchants, of Auckland The association made application that the dispute should be heard by the Conciliation Council. The parties were called together in council and iher*arrived at a partial settlement, only being unable to agree upon the question of wages and hours of labour at sea. The dispute w.as then ref i. • : the Arbitration Court and the latter, after hearing the parties, issued its award, but notv* it.- landing that clauses 24 and 25g the reconmi ndations of the Co: Uiation Council were agreed upon b.. the parties they were purposely omitted from the award. These clauses were omitted because of doubt whether their provisions lay within the scope of the court’s jurisdiction. In a memorandum to the award the court indicated that the case wouid be stated for the opinion of the Court of Appeal. The clauses referred to provide, briefly, inter alia: (a) That employers shall give preference on engaging men to members of the union not more than one month in arrears with their contributions to the union; (b) that unfinancial members of the union shall again become eligible for employment on the payment of arrears; (c) . t if not a sufficient number of n ,ers are available when required, ti. employers may engage other men conditionally that they become members of the union during employment; (d) that members of the union present lg themselves for employment shall not be more than one month in arrears with contributions; (e) that mernhership of the union shall be open to iy man of good character. The case stated asks for the opinion of the court on two questions: (1) Is it within the jurisdiction of the Arbitration Court to include in its award any of these provisions? (2) If so. which, of the provisions under consideration may be included? For the Seamen’s Union, Mr. F. W. Ongley is appearing, and for Sanfords, Ltd., Mr. J. F. B. Stevenson.