NAME STRUCK OFF.

Dominion, Volume 3, Issue 878, 26 July 1910, Page 6

NAME STRUCK OFF.

ARREARS TO A UNION. AN INTERESTING JUDGMENT. In the Magistrate's Court yesterday, before Mr. W. R. Haselden, S.M., tho Wellington Building Trades Labourers' Industrial Union of Workers proceeded against Meyer and Illingworth, builders, of Wellington, claiming a £10 penalty for a breach of the award in employing an alleged ■ non-unionist, named John Anderson in the months of May and June, such employment being, it was alleged, a breach of'clause 11 of the award.

Mr. A. ,H.' Hindmarsh appeared for the plaintiff union, and Mr. Woston for defendants.

Edward Kennedy, secretary of tho union, said ■ that Anderson was at one time, and also was at present, a member of the miion. On May 22, 1909, however, ho was "bad" on the .books, being over twelve months in arrears. He did not pay up these arrears, but on rejoining the .union stated that he would pay what was owing at the rate of os. a week. It took him from May 22, 1909, to July 2, 1910, to pay up. Up to June 4, 1910, he had paid only 13s:, and ho then owed 16s. lOd. for current subscriptions. On Muy 27 witness wrote; to Meyer and Illingworth stating that Anderson was a defaulter on the union's books, and if continued to be employed by them without being reinstated on the books they were committing a breach of the award.

Mr. Weston admitted that Meyer and Illingworth had employed Anderson continuously since December last, and he (Anderson) had had only one break while in their employment. Receipt of the-letter forwarded by tho secretary of. the union on May 22 notifying that Anderson was a defaulter was also admitted; further, that Meyer and Illingworth had continued to employ him since. ■ .-

Mr. Weston then cross-examined tho secretary of. the union, and sought to show that on one occasion Anderson was struck eff the books of the union; was in arrears with his subscriptions:' rejoined; and that tho moneys then paid in were used to liquidate his arrears, and not to keep him financial with the union. In the 'course of his answers to questions, howevor, witness stated that Anderson had- made arrangements that a certain sum should be paid off at stated periods. Anderson had rejoined the union since this action had commenced, and was financial now, but was ,not so in the months ol May and June. Witness added that when a member was twelve months in arrears he struck his name off tho roll. That couise was stipulated for by an annual notification from the Labour Department. Mr. Weston contended that the secrotary had. no authority to strike a member's namij off the roll; the rules did not provide for this action on his part. As in a joint-stock company, a member who was in arrears could only be struck off. by resolution of the directors. In this case, he conten'ded that the Management Committee was \ the body to purge the roll of defaulters, and not the secretary.' :...- .

■ Jphn Anderson,.labourer, stated that he'had been employed by Meyer and Illingworth ,since. Deceriiber last. In 1909 he was in arrears with the Carpenters' Union. AVhen he rejoined in May, 1909, ; witness promised to pay off the arrears as. best,'he could, but' mado no agreement-as'to how they would be paid off'. His Worship, in giving judgment, said that the secretary was right; generally .speaking,, in striking off'the namea of any members, in arrears of dues lor more.than twelve months...Still; he did not think, that Anderson was liable to be struck .off, keeping well'in view the doctrine'of common law as to the appropriation- of payments. He was not by any means satisfied that Anderson's payments should go towards liquidating the arrears accrued and due before May, 1909, and even supposing that he was wrong about this, there was a bonafido question in dispute between the union and Anderson, and.he thought it would be pushing the award beyond its extreme limits to hold that in' such circumstances, even \if Anderson was wrong, the employer of Anderson committed a breach of the award. Judgment would, be for defendants, with costs'.