A STEWARD AND HIS UNION

Dominion, Volume 14, Issue 228, 21 June 1921, Page 5

A STEWARD AND HIS UNION

CLAIM FOR DAMAGES ALLEGED UNJUSTIFIABLE ACTION Patrick Leo Doherty, of Wellington, steward (for whom Mr. A. B. Sievwright appeared), proceeded against the Federated Cooks and Stewards' Union and E. Kennedy, secretary of the union (represented by Mr. H. F. O’Leary), in the Magistrate's Court yesterday afternoon, liefore Mr. Page, 5.M.,-claiming X 96 18s. In his statement of claim the plaintiff alleged that Kennedy had intimated on illegal, unreasonable, and unjustifiable grounds that- he would prevent him from netting employment on any ship as a steward. Plaintiff claimed .£2B, being the wages for a lost trip; «ClB 18s.. being sustenance as per scale; and 4150, biwav cf general damages. The plaintiff, in his evidence, said that he had been It member of the union for about twelve months, and on May 30 he was a financial member. He attended a meeting of the union on January 23, but was not present at the meeting of February 20. He heard of this latter meeting three days before it took place, and intimated that he could not attend. He was notified on February 23 that he had bean fined ss. for not attending. He took no notice of this, and kept on with his work on the Arahura. ’♦''Later he joined the Moeraki. From March 30 to May 30 he was out cf work. About May 24 he was engaged as steward on the Tahiti, and bn May 29 he had actually started work, and was to sign the articles the following morning. He wont down to ,tho shipping office, and when his name was called Kennedy, who was present, asked witness for his contribution book. Kennedy then said to the chief steward: "Don t sign Doherty on. and witness was not permitted to sign the articles. When all the men present had signed on the chief steward was still four mon short, and he would have taken witness on blit fcr the fact that Kennedy had interfered in the matter. Witness had had several conversations with Kennedy, who. witness alleged, had on each occasion said he would block him from getting work until the fine of ss. had been paid. Witness had had no work since, and was still out of work. Walter Suckling, shipping clerk, said he ■ was signing on the stewards on the Tahiti at the shipping office on May 30. He heard Doherty’s name called, and Kennedy said, “Doherty cannot sign on, he is not financial,” and with that they passed on to the next man. Witness subsequently heard Kennedy say, "You fixed me, now I will fix you.” Witness said to Doherty, "If the chief steward says so, I will sign you on.” For the defence, Mr. O’Leary said that there was no legal question involved in the case. It was not. suggested by the union or by Kennedy that they were entitled to prevent any man from getting work, and they did not pretend that on this occasion they .had prevented Doherty from getting work. The union naturally desired to have its members financial, and keep its finances going, and for that reason an official of the union attended regularly at the shipping office when members were being signed on. It was the invariable custom that when the men came up to sign they showed their contribution Ijcoks to the secretary or the assistant-secretary, who examined the hooks, and if there were any members in arrears they were sent, io the union office to pay up. and then return to the shipping office and sign on. The employer wa.s, under the award, the sole judge of whom he should employ, and it. would be foolish of Kennedy or any union official to run counter Io that. ’Doherty had been treated with very great consideration, for he was allowed to remain in arrear for six months because he was hard up. There was no malice against Doherty. On the occasion of signing on Doherty was not treated different to the others, for about eighteen or nineteen men were sent to the office to get their txioks “fixed up.” When Doherty came up to sign, lie remarked to Kennedy, "My book wants fixing up.” and Kennedy said, “1 think it does; don’t sign on Doherty.” Edward Kennedy, one of the defendants, gave evidence in support of counsel's statement. The Megistrali- said lie would lake time to consider his judgment, and if ho desired to hear the evidence of the chief steward he would let counsel know.