UNION DUES.

Press, Volume L, Issue 14980, 9 June 1914, Page 5

UNION DUES.

A STRIKE AFTERMATH.

IMPORTANT _ttGIST_RIA_ DECISION.

An important industrial ease came before Mr H, W. Bishop, S.M., in the Magistrate's Court yesterday, when the Canterbury [Drivers' UnioA, represented by Mr Hiram Hunter, secretary, Proceeded against E. Wolfe and A. Unill, prominent-members of the new Imion formed during the strike, for the recovery of membership dues, amounting to 5s and 37s respectively, incurred since the old Union asked its mombers to cease work. Mr Anthony appeared for the defendants, and the cases were taken together. ' it was admitted that the defendants were at one time members of the Canterbury "Drivers' Union. ~ Mr Hunter, giving evidence, said tne dues had accumulated. WHAT THK RJJLEW PROVIDE. The Magistrate: Have you sot your rules? •• Mr Hunter: The rule* provide that any member leaving the industry withn the Canterbury Industrial District, must give three months' notice in writi»K to tlie secretary of his intention to ret'ign, and must pay all contributions' Jip to the expiration of such notice, tin's is in conformity with Section 5, paragraph Bof the "Act. No notice of clearance has been issued, and no notice of resignation lias been received l)£ mc from either of these members. Wolfe paid up to December 18th, and j the other defendant to November 20th. j Mr Anthony: On November 21st your Union called a strike? '• Mr Hunter: No! i Mr Anthony: What did they do? ! The Magistrate: It's public property. There- was enough noise about it. Mr Anthony: Your executive on November 21st directed its members to cease work? Mr, Hunter: On November 21st a meeting of the Union was held, '"and over three hundred members were present. Tho Union decided along the linos yoa state —to ask members t~ cease work on Monday morning. I think there were five dissentients from that motion. THEY LEFT THE UNION. Mr Anthony: But these defendants severed t"ueir connexion from your Union on that date. They never attended any meetings of your Union, or received any of tiie supposed benefits from its deliberations. They joined a new u.iion. Mr Hunter: The fact of a union going on strike docs not cancel its registration. •' The Magistrate: That is all right. Never mind about that. Mr Hunter: They have been in the position of many other members. The membership of.a union does not_ always convince members that it is their duty to attend meetings. Usually eighty to a hundred attend meetings, where there are six hundred members in the Union. Mr Anthony: But didn't the defendants join a new Union ? K Mr Hunter: 1 don't know about that

Mr Anthony: He does know, your Worship. Coull was the secretary of tho new Union.

Jlr Anthony (to Mr Hunter): Will you swear you did not know Coull was tho secretary of the new Union? Mr Hunter: I learned something to that effect in the newspapers. Of course that didn't absolve him from his liability. . Mr Hunter went ou to explain that ho had received the following letter from the defendant, dated May 7th, 1914: —"Wo are in receipt ef your circiilar, and have to inform you that we are members of tho Christchurch Industrial Horse and Commercial Motor Drivers' Industrial Union of Workers, and do *not recognise any other. For the future be good enough to refrain from sending us any circulars or communications that we are not interested in." On May Bth He sent defendants notice that tho fees must be paid liefore May 16th, or he would take legal proceedings. THEY COULDN'T RESIGN. . Mr AntTlony: Up to the time of the strike, these members had paid up regularly? Mr Hunter: They paid up to the date that resolution was passed. Mr Anthony: Your rules don't provide for any members resigning—only for members leaving the district. No 'member can resign from your union unless ho leaves the industry or leaves the district. The Magistrate: It's an extraordinary thing! Mr Anthony: There wae no possible way for them to leave the union; they simolv had to sever • their connexion with it. The Magistrate: Why is that, Mr Hunter? j Mr Hunter: That will be taken into I consideration by the executive. The Magistrate: I am asking you, "Wliv in tho past?" Mr Hunter: The Act provides they should become and remain members of the Union. The Magistrate: I don't agree with that. CASE FOR DEFENDANTS. Mr Anthony said he did not propose calling any evidence —the facts were already before the Magistrate ; ' In the case of members joining a 'union, ha continued, they clearly joined on tho assumption that tho union pxistod lor lawful purposes only. Ihey expected; and were entitle! to expect, that tho Union would do its business in a proper and lawful manner, protecting the interests of its. members, instead of the reverse. At a critical period of industrial unrest, the Union ordered its men to go on strike for the purjxise of furthering the interests of another section of workers who wero holding up the transport trade. The result of these tactics was to place the members of tho Union under liability of a penal clause in the Act. providing for a fine of £10 against each member of the Union, and a fine of £100 against the Union. l_ e Mibmitccv; that iho members of the Union clearly had a light the moment the Union set out to break the law, to show their disapproval of.such tactics by resigning from that L'nion. That is what tho defendants did. And they sot on&_ and formed a fresh Union proporlv registered, and one Avhich had no con nexion with the old oncw NEITHER FAIR XOR EQUITABLE. Mr Hunter: But the old union was still in existence. The Magistrate: From the rules there is clearly no provision for these men to resign at all. 3lr Anthony: I submit it would not be fair and equitable for the Court to compel ihese men to remain members of a union with which they had nothing in commonr and with which they are right out • of sympathy. The* case clearly comes within the equitable powers of this Court. Your Worship can give judgment for the defendants on tho ground that they had a legal right to sever their connexion with the union tho moment the latter broke the law. MR HUNTER REPLIES. The Magistrate: Have you anything to say against that. 3lr Hunter'?Mr Hunter said he. had. It was a fact that he had never received any notice of the defendants' intention to resign from the union. With regard to the strike, it was useless going into the subject at all, unless the thing was <Jrvcussed fully. The Magistrate: 1 am not going to ■leal with the merits of the strike. We . all have our own" opinions about that. J Mr Hunter went on to gay that the i

men decided upon certain lines by an overwhelming majority. The employers had more to do with bringing about the strike than had the union. 3ien engaged in certain work were "sacked," and .they came' to the union with instructions from their employers to endeavour to get all the men called out, and so precipitate matters and get the thing oTer quickly. Mr Anthony: You didn't give tho defendants the opportunity of sending in their resignations. They havo no power to resign. •AN IMPORTANT DEFECT. The Magistrate: That is a very important matter. There is an obvious defect there, and it seems to be an iml«ortan£ defect, too. It affects the liberty of every member of the Union. Mr Anthony*repeated that these men were members of a Union properly registered under the Act. Mr Hunter: I was never given cause Ito show why that Union should not be ! registered. The employers took the initiative. Their registered office was at 29(i Cashel street. 'Christchurch, tho residence of John Brightling, an employer. I have here a member's card of tho Union, showing entry fees paid, and three months' contributions —all paid by the employers. "If your Worship calls that a Union of <>mplovees, it passes my comprehension." The Magistrate: "That is altogether beyond the scope of my jurisdiction. jyul has nothing to do with the merits of the case. _ JUDGMENT FOR DEFENDANTS. Hiving judgment, the Magistrate said tluit tho strike was ancient history, and ho hoped it -would continue so for a long time. He .agreed with Mr Anthony's view of the matter. "I consider it is an occasion," he said, "on i which to exercise my equitable juris- | diction. F shall give judgment in equity and good conscience for %he defendants in each case, but shall allow no costs." It is understood that the plaintiff Union will appeal against the decision.