A union official has rejected complaints that Stockton coal miners went on strike without holding a secret ballot.
The miners who decided on a show of hands to proceed with their strike had already held a secret ballot approving strike action, Stockton mine site convenor Dave Reece said.
There had been complaints the Engineering, Printing and Manufacturing Union had not held a secret ballot to strike.
Mr Reece said the first meeting endorsed industrial action and gave the negotiating team permission to take whatever action was necessary.
The second meeting told members the result of negotiations and asked for a show of hands to proceed with the planned strike.
That meeting did not require a secret ballot because the first meeting had had one, Mr Reece said.
"We had no obligation whatsoever at all to go back to the members to get any sort of further information," he said.
"They had given us permission by secret ballot to take whatever steps the negotiating team felt was necessary. That's all there is to it."
He accepted things had moved on from the first meeting - "they got worse" - but did not accept that the show of hands might have pressured miners who had changed their minds in the interim.
"If you have a conviction you will be prepared to stand by it, and people do."
He acknowledged there was no ballot box at the first meeting, but said there was nothing wrong with that.
He said the ballots were collected by scrutineers elected by the rank and file.
They were then counted in front of the meeting, but not where individual ballot papers could be seen.
Only six votes had opposed a strike.
About 1000 mine workers nationwide return to work at 6am tomorrow so negotiations with Solid Energy can resume.
