Interpretation Sought.

No Penalty Provided.

Mr. Rosser said he would like to ask the Board whether this judgment was to be taken in conjunction with the present award of the Arbitration Court, which would run out on November I. "Or does it run side by side with any award in operation?" he inquired.

page 129

The Chairman:

Mr. Hansen asked me almost the same question this morning, and I said "No." The Court had its special duties to perform. This dispute has been referred to us under six heads, and we have given our answer under those heads, and, according to our conclusion, the judgment of the Court runs from September 1, 1908, to August 31, 1910.

Mr. Rosser:

I notice both parties were agreed on certain points, and I believe will honestly endeavour to carry out the provisions of the Heard's finding, but there is no mention as to any penalty if the provisions are not carried out

The Chairman:

I take no account of any penalty.

Mr. Rosser:

Then none is provided?

The Chairman:

None, except that the breaking of the agreement would be a very serious thing for either party.

Mr. Rosser:

I would like to be quite clear on all these points, and I can assure the Board that the Union feels the seriousness and the gravity of the position which we have occupied for the last six months, I wish to say that the thanks of the Union and of the community, are due to the Board for the patience that it has displayed in listening to the evidence. The evidence has been complicated, and there can be no doubt that the Board had a very difficult task to disintegrate the many matters placed before it by the Union on the one side and the Company on the other. I wish to convey the Union's sense of appreciation of the attention bestowed, and the tactfulness displayed by the Heard in this particular matter. We feel that the position is not only serious, but peculiar in that a precedent been made for all time.

Mr. Walklate:

There are one or two points I would like to refer to. In your reading, I understood you to say the recommendation would run out on August 31, 1910. I thought it was intended that the finding should fall in automatically with the present award, and would fall in with the next award. If two years, why not for ten years?

The Chairman:

Common sense should tell you that. Mr. Walklate.

Mr. Walklate:

I don't know why two years should he fixed. I was under the impression it was to form part of the award.

The Chairman:

This is Quite distinct from the Arbitration award. It would be absurd that we should go to all this trouble and it should be knocked on the head on November 1.

Mr. Walklate:

Not necessarily: it comes under the control of the Court then, I take it.

page 130

The Chairman:

I can only say, as I said to Mr. Rosser, you can take your own troubles as you like. There is nothing to argue about.

Mr. Rosser:

I don't see how the Heard has power to go beyond three years under the Act.

Mr. Walklate (to the Chairman):

I thank you and the board for the very patient manner in which you have heard the evidence, and for the able way in which you have presided.

Mr. Rosser:

Regarding Herdson's reinstatement—

The Chairman:

That will take effect at once.

Mr. Rosser said he would like also to express his appreciation of the manner in which Mr. Walklate had conducted the case. He had been fair while occupying a trying position. One pleasing feature about the whole proceedings had been that no acrimony had been imparted into the discussion.

Dr. McArthur, on behalf of the Board, thanked both gentlemen for their appreciation. The position was certainly an awkward one and be was certain that the four members of the Board and himself had approached it with a full sense of their responsibility, and with an open mind. The ease had been splendidly conducted. It was a matter for congratulation that the crucial points of the ease should have been approached without any bitterness or snarling at one another. "1 compliment you both." said Dr. McArthur. He also paid a high compliment to the witnesses, who had given their evidence in a fair and straight forward manner.

"I trust." said the Chairman, in conclusion, "that both the Union and the Company will bury the hatchet and shake hands, and that matters will go on as if this dispute had never arisen."