Brothers not forced to join union

Press, Volume CXV, Issue 33869, 14 June 1975, Page 13

Brothers not forced to join union

(N.Z. Press Association) NEW PLYMOUTH. The Dunbar brothers of Urenui do not have to join [the Taranaki Shop Assistants’ [Union, the Industrial Court ihas ruled in a reserved decision.

Judge R. D. Jamieson says I there is no evidence of ’ a (contract of service between Tony and Ivan Dunbar to ; serve Dunbar’s Cash Stores, Ltd. as employees. The actions were heard in (New Plymouth on May 22, ■ when the union charged Tony and Ivan Dunbar with failing ;to join the union, and charged the store with emi ploying non-union ’ labour. Judge Jamieson said the {three brothers — Ivan, Tony and Owen — were equal ‘shareholders and directors of | the store company. They (drew no fixed remuneration. He noted that no action i was taken against Owen (Dunbar, because the union I believed he was exempt from the membership rule. “It is clear that Ivan and (Tony are directors of the ‘Company. The union’s claim (is that each is also an employee and thus obliged by (provisions of the awards in(volved to be a member of the union.” The overriding question ' was whether the Dunbar (brothers had entered into a (contract of service with the (company. He found no evidence of such a contract. Costs were allowed against Ithe union.