VICTIMISATION ALLEGED

Chronicle (Levin), 13 August 1949, Page 5

VICTIMISATION ALLEGED

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Farcical Actions By Trade Union Secretaries

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WELLINGTON, August 12. Years of pinpricking and victiimisation by trade union secretaries who were continually disputing what union a worker ,in a city engineering firm should belong to were allegations made during the hearing of a dispute before Judge Dalglish in the Arbitration Court today. Witnesses descrihed the almost farcical situation in wliich the manager of the firm had at considerable time and expense won about six prosecutions involving a series of employees who had all doue the same job in his factorv without being able to get anv clear definition "as to what union the man concerned should really belong to. In the proceedings today the Labour Department (Mr. D. G. McTllrov) claimed a nominal penalty of £19 against Precision Engineering Companv Ltd., for a breaeh of the New Zealand Storemen and Packers' Award on the ground that the companv had employed Joseph Steven Eranci-s Barnes in a job where he should have been a memb'er of that union. The Department also so-ught an interpreiation r.f both the Storemen and Packers' Award and the Metal Workers' Award as they affected Barnes. Decision was rej served. Tn evideiice Barnes said he was a process worker and was at present a ' member of the Engineers' Union employed by the companv in its packiug room assembling metal parts. Under the storemen's award he would reeeive " more thau Id an hour less iu wages. I For him it was submitted that his I duties were part of the firm's opera- { tions with its sheet metal processes. "This is an extraordinary case of the emplover fighting for the worker land the Labour Department at ihe behest of the union fighting against him," said "Mr. R. E. Tripe, who represented the defendant companv. "Tf this prosecution succeeds the workman loses eash and status. The unions have behaved arbitrarily. Tt cannot even

be said that this is a test case because this is the only man the circumstances applv to. I cannot see any possible advantage in these proceedings except to satisfv the spleen and disappointroent of a union secretarv. There has been a long history of victimisation against mv client, and this prosecution cannot help either the worker or the emnloyer. " Mr. Tripe descrihed the actions brought by the Labour Deoartment and various unions since 1945 as a long series of pinpricks. Over a period of years the firm had been hauled hefore the Court at the behest of one union or i another and had won everv case, but defendant had to pay costs amountiug to £50 every time. Now that the | unions had power to conduet their own I actions to rpcover penalties under an | amendment of the Tndnstrial Ooncilia1 tion and Arbitration Act last vear, the union itself should have the responsibilitv of bringing these actions and not the Labour Department. j "From 1945 to 1949 a verv considerable amount of mv time has been taken up and much expense incurred in discussing these matters with the Labour Departinenh, preparing material for the Employers' Association, getting legal opinion. making submissions for the Arbitration Court, and appearing before it," said Robert Burn. mana.ging director of the companv. "Rurely there is some wav whereby our companv can be protectcd from these pinpricking 1 netirs of the officiaL of the Enf'ineers ' l'nion. T feH sure the Labour Department would weleome some positive action. T particularlv Tesent having to pav costs again and again in cases in " which the company is actually successful." 1 Burn gave evidence of a tangled series of negotiations and actions brought bv the Rtoremen and Packera' l'nion, Engineers' ITnion. and in 1948 the Tinsmiths. Conpersmiths and Sheet Matai Workers' Hnion. He told the Court that in 1945 an emplovee who had been in the Engineers' Hnion for 7§years was transferred against his wish to the Storemen and Packers' Union. He refused to transfer and leeal action Avas proposed. The man left his job because he would not be a party to a prosecution and the firni lost a capable, willing and valuable emplovee.