CLERICAL UNION

Hawke's Bay Herald-Tribune, Issue 139, 29 June 1937, Page 5

CLERICAL UNION

-Bresp AsBociftion.) .

Validity Challenged EFFECT ON EMPLOYERS

(By Telegraph-

WELINGTON, ast Night. A case raising thp question of the valjdity of all clerical unions registered m Nqw Zealand, the mepibership- oi which numbers about, 20,000, wap pontinued in the Court pf Appeal. The case is that of the Otago and Southiand Sltpck and Station Agente Clerical Employees' Trade Union" and others, as the plaintiffs, versus the Judge and niemberp of the Axbitration Court, the Qtagp Clerical Workers* Industrial Union and the registrar of inJustrial unions, as the defendants,

Cqntinuing leg%l argument on behalf of the piantiffs' Mr J. F. B, Stevpnson said that the plaintiff union had beCU registered as a trade union because it had been refused registration as an industrial union aiid, therefpre, copld enter into UU industrial agreement with the employe?s apd ?egister, This registration would then have the force pf an award, Thp stoek; and station agents* employees knew fheir pwn conditipns better than the general union pf clerical employees, If they joined thq general union they would merely censtitute a smgll minority, Their payments, into the general upipn Wfiuld "amount to over £500Q in the lirst year and . thereaf ter £4500 a year, without levies. By virtue of section 4 pf the Political Disabilities Eemoval Act 1936, the, moneys paid tp such general union mighf be piad into party pQr litiqai funds.. Mr Steyenson submitted that the in. dustry in which an. employer is en-. gaged is the guide to be follpwed. Jf the term industry meant that which the defendants contended, the legisla,--ture could easily have provided for this by fiaying that industry- meant the cfaft, occupation or calling of any employee. This had not been done. It could not reasonably be said that banks, insurance companies or stock and station agents Werp engaged in the clerical industry. Cqunsel said that if a dispute arose between members pf fhq G^ueral Cler? ical Union and thp emplpyers, it 'was very possible that, when thp assessora were. apppinted, a largp nnmber of the emplpyers. invplved would have. up real represeutatiou atnong the assepsors yvho hp said, had received greatly increaaed puwera by the 1936 amendment tp In-. dustrial Couciliation and Arbitration Act CJounsel added that. with various types pf eniployers bound by an award coveiing ihe General Clerical Union there as Ub little likelihqpd of thp employers' assessors having knowledge o( innumerabie industries conce?ned, and the majprity of the empioyers would be in the hands of assessors in whose uqmination they had 00 voice and from whose views they dissented. Reference was also niade to the Arbitration Act bo sbow that ihe term "industry^' was fco be construed with reference to the business of the employer and not the einployee.