Award exemptions sought

Press, 21 January 1982, Page 9

Award exemptions sought

By

GLENN HASZARD.

industrial reporter

Nine North Island employers have applied to the Arbitration Court for exemption from the provisions of certain clauses of the Clerical Workers' Award because of their religious beliefs. Various employers have in the past applied for exemption from award coverage and according to the Registrar of the Arbitration Court, Mr John Hall, some have been successful and some not. depending on the evidence presented to the Court.

'Each case is dealt with on its merits." he said. Mr Hall said that there appeared to have been “an awakening of interest" in such applications during the present round of award negotiations, which began about September last year.

The Clerical Workers' Association and the Auckland Clerical Workers' Union are expected to oppose the applications. No.date has been set yet for the hearing, but it is not expected before March. The case is seen as importditions as the Court thinks fit."

One of the applicants. Mr L. R. Simmons, of Auckland, cites freedom of conscience as one of his grounds for exemption. He says it is an important right that has God-given authority based on the Holy Bible. Mr Simmons says that “associations of men such as unions and employer groups are not Government, and to be obliged to negotiate with or be involved in the affairs of such bodies is incompatible with a Christian's responsibility." Clauses objected to by the applicants include those relating to notifying the union of a change from full-time to part-time work: outwork conditions and payment to be agreed with the union; union officers' rights to attend to union business on employers' premises and to obtain a list of employees; and clauses involving" the union in negotiations over redundancy, new technology and personal grievances. Mr Simmons says that he would be happy to submit to the Labour Department as the appropriate authority in such matters. He says he obtained an exemption from union membership when he was 18. and also from combatant duties in the Armed Forces on conscience grounds. His staff hold certificates of exemption from

union membership, he says. Mr N. C. Goddin, of Hamilton. says in his application that to belong to any association of men joins him with persons who do not judge evil, when the clear injunction of scripture is to be separate;

“l im prepared to join in fellowship only with those with whom I partake of the Lord's supper,” he says. - Mr Goadin says that while there is legislation enabling employees to claim exemptions' on the grounds of conscience. there are no similar provisions for employers.

“This situation falls short of basic rights and freedoms which the Government and courts should ensure," says Mr Goddin.

A self-employed optometrist, Mr C. W. Suckling, of Auckland, says in his application that his only employee is free from coverage by the union and he wants similar freedom from being compulsorily bound to the award “which legally forces me to liaise with the Clerical Union and have its sanction in my affairs."

“On principle. I cannot be party to any such agreement as this conflicts with the teaching of scripture which I uphold." Mr Suckling quotes from Corinthians 2. chapter 6, verse 14: “Be not diversely yoked with unbelievers; for what participation is there between righteousness and lawlessness or what fellowship of light with darkness and what consent of Christ with Beliar, or what part for a believer along with an unbeliever?"

Mr Suckling says the union interferes in the master-ser-vant relationship. “As an employer. I have direct responsibility to my receptionist on a direct, one-to-one. master-servant relationship. I cannot agree to any union or association

mediating this relationship as a third party." Mr C. W. Blackman, of Cambridge, says in his application that the clauses which expect the employer to confer with the union are against his conscience as it means the union “comes between the master-servant relationship which is clearly scriptural."

It is understood that the applicants are members of the Exclusive Brethren sect. Members of the sect comprise the majority of people applying for exemption from union membership every year. Members of the sect were also the applicants in a case in 1962 in which there was a memorable dissenting opinion by former Christchurch unionist. Mr Archie Grant, who was the workers' representative on the Court.

The applicants. Davis Butchery. Ltd. obtained exemption from clause 2 (e) of the Butchers' Award because the Court felt that information the employer was required to give could be given to the Inspector of Awards instead of to the union. Exemption from clause 20 (right of entry) of the award was granted because the Court felt that it went beyond the intent of the relevant statute, but the Court refused to grant total exemption from the award, nor exemption from clause 18.

Mr Grant, in the course of his dissenting opinion, said: “Some day in the future, when we are all exclusive brethren, perhaps, there may be no masters and servants, no employers and no trade unions, but it is a fact of recent history that workers (some deeply religious people too) had to fight their Christian masters and Christian governments for the legal rights to band themselves together into organisations.

industrial and other, in an endeavour to obtain social, economic, and political justice." Mr Grant said that the right to a conscience was one that had to be defended, but when the claims of conscience become too elastic doubts must arise and question sincerity. “Too many are prone to bend their consciences to their dealings." he said. "This company." said Mr Grant, "is not a co-operative

one: it is not a charitable organisation: it does not distribute all that it has or makes to the needy. No. On the contrary, it is a competitor in the market: it buys and sells: it exploits the labour power of the workers; it is founded for the making of profit; it operates in a competitive business just as it would operate if there were no 'good conscience with God.' Why then should any concessions, or exemptions be granted?"