Union Leader Denies Use Of Word “Scab”

Press, Volume CI, Issue 29854, 21 June 1962, Page 12

Union Leader Denies Use Of Word “Scab”

(N.Z. Press’ Association) AUCKLAND, June 20. Trevor Kelly, president of the Auckland Freezing Workers’ Union, in evidence in the Supreme Court at Auckland today, denied that he used the word “scab” in referring to John Cuthbert Bicknell, a fellow union official, or that he had any animosity towards him.

Kelly is defendant in a claim being heard before Mr Justice Boys and a jury by Bicknell, a freezing worker, and former president of the Southdown branch of the union for damages of £3OOO for alleged slander. The claim arises from statements alleged to have been made by Kelly on March 10 and 11, 1960, after a dispute concerning pay for pig slaughtermen at Southdown. The defence also claims privilege. Mr L. F. Moller, with him Mr J. H. Wallace, is appearing for Bicknell. Kelly (Mr F. H. Haigh, with him Mr R. A. AdamsSmith) said in evidence that because of a dispute about 600 men were suspended by R. and W. Hellaby, Ltd., on March 9, 1960. When he returned to his office, Mr McKenzie, the union secretary, told him that he had called an urgent special meeting of the Auckland executive for the next morning. At that meeting an apology from Bicknell was tendered by the district secretary saying he was unable to attend tor personal reasons. He was the only executive member missing at the beginning of the meeting. Later there was another one.

During the meeting, at which a major issue was the pig pay dispute, an anonymous telephone call was received relating to Bicknell

being on the Onehunga wharf. The matter was discussed by the executive and it was decided to go to the wharf.

Kelly said he told Bicknell he thought his actions were despicable and that it was a “very poor show.” “I said he w r as a scaly because of those actions.” said Kelly. “I said he had let us down very badly.” Cross-examined by Mr Moller, Kelly said he was upset, angry and disappointed when he saw Bicknell.

He denied thait, returning to the executive meeting, he said he had called Bicknell a "scabby Kelly said he regretted words he had used to Bicknell and denied having repeated the words. He denied he had tried to prevent Bicknell getting work on the Onehunga wharf. Mr Moller: If you had been asked for an apology after March 10, 1960, w’ould you have apologised? Kelly: If I had been approached in the correct manner.

Further questioned, Kelly said he had never been asked for an apology. Continuing his evidence. Kelly said that on the Monday after the meeting he returned to the Onehunga wharf with the district secretary to discuss Bicknell with McCarthy, the president of the Cargo Workers’ Union.

It was untrue that the visit was to try to persuade McCarthy not to employ Bicknell on the wharf.

Kelly denied that he said to Bicknell that he would never hold a union position again, that he would see that Bicknell never got a job in the freezings works again or that he would see that Bicknell never held a union ticket again.

Mr Moller: Did you say this—“ When your men at Southdown hear about this tomorrow they’ll kick you out.”

Witness: I said—“ When the men at Southdown hear about this they should kick you out."

Did you say you would see he never got a job on the wharf?—l deny that. Did you say to him that the wharfies should refuse to work with him?—Yes. Robert McKenzie, district secretary of the Auckland Freezing Workers’ Union, said that at a meeting at Westfield Kelly was questioned by the rank and file members about happenings on the wharf. Kelly referred to Bicknell as a “dirty " OT a “scaly —.”

He did not use the phrase “scabby —” as it was a phrase anybody in the trade would think twice about and it would not be forgotten after it was said.

The hearing will be continued tomorrow.