H—4s
1. INTRODUCTION The year under review is marked by the most serious dispute which has developed on the waterfront since the introduction of Commission form of control, This dispute, which was the culmination of a series of stoppages of work in protest against the interim wage decision of the Waterfront Industry Authority, extended over a period of two months, and resulted in a loss of wages to the workers of over £120,000, and serious delays to shipping. During the period of the dispute the Government suspended Commission control at all main and secondary ports where normal hours of work were not being observed. Following a meeting between the Government and the national executive, the union, on 18th August, 1949, unconditionally directed all ports to resume normal hours of work. At the commencement of the year the union refused the request of the Government to take a secret ballot of its members to determine whether they were in favour of the continuance of Commission control, and, if so, whether they were prepared in future to abide by decisions. The Waterfront Industry Authority accordingly adjourned sine die pending clarification regarding the future of Commission control. The union issued several pamphlets attacking the Waterfront Industry Authority, and on the 26th May, 1949, the Chairman of the Authority wrote to the union representatives, Messrs. H. Barnes and T. Hill, pointing out that the Authority could not carry out its functions satisfactorily if members acted as they had done in connection with those publications when they disagreed with any decision of the Authority. The Chairman requested that each of them give an undertaking that they would in future—(a) Refrain from publishing reports of discussions which took place at meetings of the Authority when it was deliberating on matters before it; and (b) Refrain from publishing matter derogatory to the Authority or any of its members. The undertakings asked for by the Chairman were not given, and at a meeting of the Authority on 3rd June, 1949, resolutions were passed (Messrs. Barnes and Hill dissenting) calling on Messrs. Barnes and Hill to give written expressions of their regret for the publication of attacks on the Authority, and undertakings similar to those requested by the Chairman in his letter of 26th May, 1949. In the event of the expressions of regret and undertakings not being given, the Chairman was authorized to advise the Government that the Authority could not satisfactorily carry out its functions. The union instituted mandamus proceedings in the Supreme Court, asking for an order to compel the Authority to meet and determine claims lodged by the union. On the 15th July, 1949, the Court issued its decision, refusing to grant the writ of mandamus. In his Judgment the Right Hon. the Chief Justice severely criticized the actions of the union representatives on the Authority, and stated that the actions complained of resulted in the Authority ceasing to have any of the outward characteristics of a judicial authority, and the nature of relations between the members was such as to make it undesirable that it continue to try to function without the assurances asked for. The assurances were not given, and the Authority reported the matter to the Government. On 2nd September, 1949, His Excellency the Governor-General, acting on the recommendation of the Government, removed Messrs. H. Barnes and T. Hill from office as members of the Waterfront Industry Authority because of their misconduct whilst members of that Authority. The union was advised that Commission control of the waterfront would be continued, provided the members indicated by a plebiscite vote their desire for its continuance and their collective undertaking to abide by decisions ; and on these assurances being given the union could nominate two other members for the vacancies on the Authority, which could then resume its meetings. Following the change of Government, discussions were held in February, 1950, and were still in progress at the end of March. As a result of these discussions the Government announced on 24th April, 1950, that it had been decided to re-establish the Waterfront Industry Authority, and that the union would conduct a secret ballot to elect its two
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