UNION DISPUTE

Wairarapa Times-Age, 29 November 1941, Page 4

UNION DISPUTE

ARBITRATION COURT GIVES JUDGMENT WAINGAWA BODY UPHELD. NO BREACH OF AWARD. Judgment has been given by the Court of Arbitration in the action brought in Wellington recently by the Inspector of Awards against Messrs Thos. Borthwick and Sons (Australasia), Ltd.

The inspector claimed penalties from the defendant company on the ground of the alleged employment of non-un-ionists, the alleged non-unionists being members of the Waingawa Freezing Works Labourers’ Union. It was contended by the inspector that the workers named were not for the time being members of an industrial union ol workers bound by the New Zealand (except Westland) Freezing Workers’ Award and were not -‘freezing works labourers’’ within the meaning of the membership rule of the Waingawa Freezing Works Labourers’ Union. The Court, in its judgment found that the workers were in law and. in fact members of an industrial union of workers bound by this award. In the course of the judgment, the Court supported the view of counsel for the defendant company, that the company was only indirectly concerned in the case and expressed the view that it was regrettable that some other method was not discovered by which the point in dispute could have been settled without involving the employer. The point at issue was one between the two unions in existence at Waingawa. The decision affects about 200 members of the Waingawa Freezing Works Labourers’ Union and the ruling is that their membership is valid and that there was no breach by the company of the award. Judgment was giventherefore against the inspector. Mr Justice Tyndall . presided and with him were associated Messrs C. W. Prime, employers’ assessor and A. L. Monteith, employees’ assessor. Mr G. F. Grieve, Inspector of Awards, Wellington, appeared for the Department of Labour, Mr J. Macfarlane Laing, of Masterton, for the defendant company; Mr R. Hardie Boys for the Wellington and Marlborough Freezing Works' and Related Trades Industrial Union of Workers, and Dr. O. C. Mazengarb for the Waingawa Freezing Works Labourers’ Industrial Union of Workers.