UNION SUED.

Press, Volume LXVI, Issue 19917, 2 May 1930, Page 20

UNION SUED.

3#CTIMISATION ALLEGED. WATERSIDER'S CLAIM. CPKSas ABSOCIATIO* TBLXOBAX.) AUCKLAND, May 1. Allegations, that he had been victimised by the Auckland- Waterside "WJprkers' Union wero made in the Supremo Court this morning before Mr. Justice Smith by Thomas Moylan, otherwise known as Thomas Mjles. Tho "walking delegate" of the" union, Itbhert Irvine, was joined with the "Waterside Workers' Union as defendant. \fr O'Regan, of Wellington, and Mr Ballivan appeared for the defendants, and Mr Dickson for the plaintiff. Moylan claimed damages at the rate of £6 a week from March 23rd, 1929, to date of judgment, also £3OO, be-cause-ho was not able to obtain any further employment as a waterside worker,' and £2OO general damages. Moylan alleged that practically daily fr.om,Mnrch 25th, 1929, until the date of- the .ksue of the writ,, the union and its servants or agents, particularly Irvine, • had refustd unlawfully to permit any master or employer to employ him. He further "alleged that in April, 1929, there had been interference by the'union with hi 3 contract of service,,and that Irvine induced or caused employers to discharge him Wore his service ;Was lawfully terBrihated;' 'V s ; S A. complete denial of the allegations •"as made by ttie anion and Irvine. "It is a strong commentary on the brotherhood of, man as enunciated by the union," said. Mr Dickson, in his address to ? the' Court. has virtually been declared 'black' by members." Counsel traced a sequence •f" events,, commencing .with a letter wxitten on March 24th by plaintiff's •wife to the "foreman of the Union Steam Ship Company, and enclosing a £1 note. t That was regarded by the* ■union as a.breach of its .regulations. Plaintiff denied any knowledge of the letter "uwtiT later, although it was Wgned "Paddy Miles." Plaintiff had The greatest possible difficulty in getting any evidence, continued Mr DickBan. Captain Anderson and Captain Pox took up the attitude that they did not want to be mixed up in dis{mtes between the union and its mem->e-rs. "I have been compelled to subpoena these two gentlemen," counsel added. "They don't desire to take ■ides in this-case." At the time the trouble commenced. Miles had savings amounting to £240, but that money was gradually eaten up, said counsel, and plaintiff and his wife and 'family were now dependent on 13s a week charitable aid. . "The vendetta was tontimied,-'in spite of appeals to the anion,", said counsel. » Captain H. A. Anderson, wharf superintendent of the Union Company, said he had telephoned Irvine ' on several occasions that '»« was going to engage Miles, and the reply was: "If you do, the ship will be s£uck tip,"" Several times'after April 15th, 1929, the.sasme-veply was given. Tj> Mr O'Regan, witii"<s said he tad - reason Hfco believe Irvine was inciting- ,th.e Bj«n. Aeked to give his reasons, ho said he preferred not to answer the question, as it might,affect his relations - with the nnion. Hia Honour': If Mr O'Regan presses tho qaestion-iyw-mnst answer. Mr O'Regan said it was important io havie-witness's answer, because the contentioji for 1 the defence was that the watenrideriß, refused to work with and 'lrvine used his efforts to placate the. men' and induce. them to sink thmr'objections.-. Further, it was confen^ed-that plaintiff had been'defiant', atnd truculent and had made an amicable settlement impossible. ■ His Honour: Jt is a most astounding' suggestion-' that the onion can damage Captain Anderson. ••Witness! I-am positive of it. They •aa giro mie the-,go- alow policy.times cat of riflniber. I did not come here ©/, my* own free wilj to give evidence. witnesses gave" .evidence for plaintiff. " .. ■?Mr O'Regan,'for-the..defence, said of the- urifottnnato position in which Miles- fonnd himself was a letter" written lasji March to O'Brien;--*'HT might have, been much fettjei for' aft concerned if O'Brien had ' swdi,nothing about,it,' but he flew into high?dudgeon and made public property of it. As it result, Miles became Tory,; I 'unpopular wiith his fellow iCbrleers., Irvine tried the jtten; and" to get Miles to come along »n«f give an explanation to the union <sS#als;- but'he refused to do so until vary late in the case. The rank .and fche.union.did not < accept. Miles' that, he did not-write the ©fiVnals «onld not induce them 'to 'work ,with him. The ofßdals •' potfld. .not be- held responsible for;the position. They did their beat to put "it tight. .."•'' i some,.evidence, for the union Irad; Jbcen heard the .case wae ad- '.;