THE WELLINGTON UNION.

Press, Volume L, Issue 14886, 28 January 1914, Page 11

THE WELLINGTON UNION.

CHEQUES HELD UP BY THE BANK. TJNIOS APPEALS TO SUPREME COURT. (special to "Tni; press.") WELLINGTON, January 27. ', The banking transactions of the new {Tnion of Watersido Workers are ' partly hung up owing to representations which some members of the Union have made to the Hank of Sew .Zealand, tho Union's bankers. This transpires in ,the -papers concerning a matter which is to cOmo' before tho Supreme Court next month in the iorm ot an originating summons for a declaratory * order determining the construction to b© placed upon certain rules of the Union, fho proceedings are being taken under the 'Industrial Conciliation and Arbitration Act and the Declaratory •Judgments Act. Tho plaintiff in the action,.is the-Union, tbo* full title of which is "The Wellington Wharf Labourers'. Industrial Union 2of Workers." Tho defendants are the Bank of New-Zealand, J. H. -Waugh, ', wharf labourer, Wellington, on behalf of him■>elf and other members of the Union; and J. P. Luke, J. G. W. Aitken, William 0., Long, all of Wellington, trustee* - of..the Union. (Some preliminary, facte which may bo vsed as an aid to understanding the •m-so are contained in an affidavit hiade by the*secretary- ot- the Union, G. A.~E. Purdey. The secretaiy-states-that ia accordance with rule 13 of the Union, he has,paid all the money of that body received by him to its credit at the Bank of New Zealand, the bank determined on by the executive l of the Union. On January Sth, TV. J.Shanley. president of the Union, and C; A. E. Purdey, secretary and treasurer, were appointed to operate on the account of the .Union, and the bank was requested tfi honour cheques signed by them. On December Bth it was resolved that all the funds of the Union over and above tho actual -working expenses should be placed in the hands of the "three trustees—the Mayor, of Wellington (Mr J. P'Luke), Messrs J. G. W. Aitken and W. 0/ Long, to be set aside for the purpose of establishing a'sick and accident fund. On January i3th the' bank received the following letter:—"Sir,— Hie following financial members of the Wellington Wharf Labourers' Industrial Union of Workers de-sU-e- -to' inform you that they will hold' the bank, responsible for any payment made on account of -ne aforesaid union without the authority of* legally constituted meeting of. the union. We desire to draw your attention to Rule 18 re trustees.!' There any fifteen signatures to the.letter. A similar letter was sent to the president of the union. Mr A. P. Green, manager of the bank, wrote at once to the secretary of tho union, informing him of the .receipt of the letter, and stating that he would be glad to see him as early as posible. "Meanwhile,"' he added, "please see that the account is not operated upon." The executive of the union consulted a city firm of solicitors, who advised that there was no need for a ' meeting to detcrmino when the bank -account was to be operated. The bank was informed of this opinion, and was asked to honour tho cheques draw by the authorised officers. On January 14th tho bank wrote as follows to the secretary of the union:— ion will please tako notice tha-t cheques amounting in all to £115 12s Id. drawn by jourself. have been duly presented for payment, have not been paid, are now debited to your account. ' A further note from tho bank to the union stated: "It Ls doubtful whether the parties signing these cheques have power to operate on the account of the union. Later the bank communicated lorther withthe union, this time stating -that h had again submitted the matter to its solicitors, who had replied that it was impossible to advise with any confidence a* to who was enisled to withdraw the union's money rrom the bank Tho bank's letter added that its solicitors should apply to •ru - urt tor " declaratory" judgment. Ihe, union has therefore applied to the ni ' 0r a J l " ,cia * *-t*-«-'rpretation. Rule 18 of the union, under which the trustees are appointed, is as fol- - «ws: "Two trustees shall be appointed annually, who shall control the property of tho union, nnd who shall invest the funds not required for in-me-diate use in such manner as the union may direct. They shall sign all orders ■*? r of trust moneys from tne bank or elsewhere when required to do so by resolution of the union." Of course tho trouble arises through • J 11 ® .• x,st * n <-» in the union of a ho--ti> ■taction—a very larco one—which has an executive, a paid secretary, and funds oi its own-to which the men—all •w-Btnkers—pay weekly contributions. *v- w 5 r that ttßre are 400 members of tots sub-union.