The hours and conditions issue resulted in the formation of a union of workers from both places with an initial membership of 26. The Lithgow Pottery & Brick workers Industrial Union of Employees was registered under the NSW legislation of 1902 but we can assume it must have been previously formed under the earlier Trade Union Act.
They first met on a Saturday to claim the eight-hour day and a minimum rate of 1/-per hour. For their trouble 17 of the brick and pipe workers were sacked without an official explanation. The sacked men appealed to their fellow workers in the Pottery who stopped work on the Monday.
A public meeting was called and a deputation consisting of the Mayor of Lithgow, a clergyman, the editor of the Lithgow Mercury and the President of the Western Miners' Union was formed to discuss the dispute with Mr Gell the managing director.
Gell denied that the men had been discharged for forming a union and claimed the sackings were because of a need to repair machinery. (No redundancy pay then, as Howard and co want in the very near future.)
The miners had already passed a motion at their on meeting supporting the strikers and saying that the men had been victimised for upholding the principles of unionism.
Gell seemed to be ready to settle the dispute but when workers returned the following Monday they were informed that only two were required. The men refused to return under the conditions outlined, as they saw acceptance of the right to in the union as at the core of the dispute. Some potters who had not joined the union remained at work throughout.