F.O.L. gives no promise on Marsden Point verdict

Press, 24 September 1982, Page 1

F.O.L. gives no promise on Marsden Point verdict

PA Wellington The Federation of Labour yesterday refused to give an undertaking to accept an Arbitration Court decision in the Marsden Point oil refinery dispute if the Court found in favour of the JV2 construction consortium.

The federation’s president. Mr W. J. Knox, was asked six times during crossexamination by counsel for the consortium, Mr E. W. Thomas, Q.C., whether the federation would accept the Court's decision if it decided to allow the consortium to recruit 50 overseas boilermakers.

“You are not going to stand there and say you will comply with the decision of the Court if it goes against you, are you?” Mr Thomas asked.

Mr Knox finally replied, “No.”'

Mr Knox, the second witness called by the F.O.L.’s lawyer, Ms Wendy Davis, on the fourth day of the hearing, said he would be concerned if ' the Court decided that clause 21. of the site agreement should not be observed in its entirety. He decribed the consortium’s application to the Court for a hearing' as a futile exercise. “We should be able to resolve our differences with the company under clause 21c of the agreement. I

would certainly have to have a very hard look at any other decision by the Court in conjunction with the union movement,” Mr Knox said.

In clause 21 of the agreement, the parties indicate their intention to support to the greatest possible extent the use of labour recruited from within New Zealand. He said that once the federation knew the Court’s decision, he would hold discussions with members of the Auckland Boilermakers’ Union to see whether the decision would be accepted by the union movement. “I am very hopeful you are not trying to pressurise the Court to find against us," Mr Knox told Mr Thomasi Mr Thomas said that he would give the trade union movement an assurance on behalf of the consortium that the employers would accept the court’s interpretation of the recruitment and training clause.

“The employers will accept the decision of the court,” Mr Thomas said.

Mr Knox said he hoped the offer had been properly recorded.

“I sincerely hope it has been noted because I have my doubts whether they will carry out the decision of the Court if it goes against them.”

Mr Thomas then suggested to Mr Knox that the hearing was an abortive exercise. The Court comprises Chief

Judge Horn, Mr Philip Oldham (employers' representative) and Mr Jim Boomer (employees' representative).

In cross-examination. Mr Thomas asked that if a single boilermaker applied for a job at Marsden Point and was rejected for previous industrial activity, would this be sufficient reason for the union’s refusing to permit overseas recruitment?

“The Boilermakers’ Union would look into that situation, make its assessment on the case, and come back to the Federation of Labour,” said Mr Knox. “We do not make decisions at the top in our organisation. The union concerned makes individual decision based on its own policies.

“But we will not allow workers to be thrown on to the- industrial scrapheap ...

we will not have people starved into submission," Mr Knox said.

Mr Thomas, a lawyer of 25 years experience, said that "all the evidence in the world" would not convince Mr Knox of JV2’s need urgently to recruit 50 boilermakers from overseas.