Union branch told to reinstate freezing worker

Press, 9 May 1983, Page 6

Union branch told to reinstate freezing worker

PA Wellington The secretary of the New Zealand Meat Workers’ Union, Mr A. J. Kennedy, has told the Hawke’s Bay branch to reinstate a freezing worker who refused to pay an Islington strike levy, the Court of Appeal has been told.

Lawrence James Sumner was appealing against the refusal of the High Court to grant him an injunction against the Hawke’s Bay branch of the union, the New Zealand Meat Workers’ Union, and the Hawke’s Bay Farmers’ Meat Company, Ltd. to restrain them from

doing anything to affect his employment. Mr Brian McClelland, Q.C., said he had instructions from the Meat Workers’ Union that it accepted that Mr Sumner was still a member, “and indeed that he was never expelled by them.”

Mr Sumner was a member of the Meat Workers’ Union at Napier, through the Hawke’s Bay-East Coast branch.

Last year the national union launched an appeal among its members for the striking Islington workers.

The Hawke’s Bay branch

through its Whakatu subbranch sought to impose sanctions, including loss of seniority, on members who did not contribute to the appeal

The appeal closed without Mr Sumner contributing the $2O expected of him. The Hawke’s Bay branch sought to enforce the loss of seniority against him, but neither Mr Sumner nor the Hawke’s Bay Farmers Meat Company accepted such loss.

Later, the Hawke’s Bay branch of the union, after a hearing, purported to expel Mr Sumner from membership and demanded that the

company dismiss him under the unqualified preference provision in the industry award. The Court was told that the company was reluctant to do this, but had indicated it would do so if the Court dismissed the appeal.

Mr McClelland said he had since been told by the Meat Workers’ Union that it accepted Mr Sumner was a member of the union, and had never been expelled. Mr Kennedy had told the officials of the Hawke’s Bay branch that they were to reinstate Mr Sumner. The executive of the branch told Mr McClelland

that it would abide by the direction of Mr Kennedy, but that a resolution of the branch revoking its previous resolution to cancel Mr Sumner’s membership was required. A meeting of the branch

is scheduled for today. The company was happy for Mr Sumner to start work tomorrow. The Court adjourned the hearing of the appeal to May 12.