IMPORTANT JUDGMENT

Manawatu Standard, Volume LVII, Issue 208, 3 August 1937, Page 10

IMPORTANT JUDGMENT

OTAGO CLERICAL WORKERS. APPEAL COURT’S DECISION. Per Press Association. WELLINGTON, Aug. 2. A judgment of extreme importance to clerical workers throughout the Dominion was issued by the Appeal Court to-day, when the Court decided to issue a writ of certiorari quashing the award of the Otago Clerical Workers’ Industrial Union. The case, which was that of the Otago and Southland Stock and Station Agents’ Clerical Employees’ Union versus the Judge and members of the Arbitration Court, the Otago Clerical Workers’ Union and the Registrar of Industrial Unions, came before the Court for consideration on June 28.

In his judgment, the Chief Justice (Sir Michael Myers) stated that the fundamental question was one of the statutory interpretation, the issue depending on the meaning of the word “industry” as used in the Industrial Conciliation and Arbitration Act. It was concluded that “industry” did not include the workers’ vocation but was referable to the industry of the employer in which the workers were engaged. On the question whether the award had been rightly made on the application of the defendant union, the Chief Justice held that, as there is no “industry” to which it could relate, there could be no award, and the puiported award must be quashed. His Honour thought that a writ of mandamus would lie against the Registrar of Industrial Unions to direct him to regisifer the plaintiff union’s application for registration, but, as the other members considered it the duty of the registrar to consider an application before registration was granted, lie would not differ from them on that point. Mr Justice Ostler and Mr Justice Kennedy, in separate judgments, came to the same conclusion* on the main questions, while a different view on the main question as to the meaning of the word “industry” was taken by Mr Justice Callan, who held that the term included and covered the calling or employment of the workers. The judgment of the Court is that the case be referred back to the Supreme Court, where a writ of certiorari will be issued to quash the defendant union’s award and a writ of mandamus to tile registrar to consider the plaintiff union’s application for registration as an industrial union and, unless found not to be in compliance with the Act, it is to be so registered. Coditional leave to appeal to the Privy Council was granted.

“ACTION REQUIRED.”

UNION SECRETARY’S BELIEF. Per Press Association. DUNEDIN. Aug. 2. The opinion that immediate action would be taken by the Government to preserve the status quo of the Otago Clerical Workers’ Union and other clerical workers’ unions throughout New Zealand until the position could be remedied by legislation was expressed by Mr R. Herbert, secretary of the Otago Clerical Workers’ Union, when commenting on the decision ” of the Court of Appeal. “The judgment given by tlie Appeal Court in this issue will, if allowed to stand, have far-reaching repercussions on the trade union movement as we know it in New Zealand to-day,” Mr Herbert said. “For many years unions have been working under the Industrial Conciliation and Arbitration Act, which has been amended from time to time to suit the circumstances of the economic periods we have passed through, and at all times only one meaning has been given to the word ‘industry.’ This appeai-s to be the vital word and the interpretation of it in the Court’s judgment differs from that which lias been generally accepted in the past. For instance, if a carpenter was employed by any class of employqj- lie was still a carpenter, no matter what the employer was engaged, in outside the building industry. According to the Appeal Court’s ruling, however, a carpenter employed, for instance, by a manufacturing confectioner, . automatically becomes a confectionery worker by virtue of the fact that lie is employed in the confectionery . industry. The same applies to drivers and other workers who have their trade unions and are working under awards of the Court of Arbitration.” If there was to be a transition stage in the transferring of workers from their various craft unions to industrial unions, as the judgment of the Court''could only mean, Mr Herbert added, the Government could not sit idly by and see the craft unions’ present legal status and awards taken from them by the Appeal Court, thus leaving thousands of workers without protection until such time as new legal status could be adjusted. The judgment would certainly have a drastic effect on the general clerical workers’ unions throughout New Zealand as all awards they had secured won Id he null and void. The Otago union had, therefore, a—died for provisional leave to appeal to the Privy Council against the Appeal Court’s judgment and was now considering whether to take that step. “We confidently anticipate.” Mr Herbert said, “that the Government will take immediate action to preserve the status -uio of the clerical workers’ unions until the positioii can be remedied by legislation.”