Access to staff by union disputed

Press, 28 June 1983, Page 17

Access to staff by union disputed

The Arbitration Court yesterday reserved its decision in a case that developed when the manager of Warner’s Private Hotel refused to let two Hotel Workers’ Union officials enter the hotel last July. The hearing resumed yesterday after being adjourned late last year to allow the court to consider a submission by the defendant that there was no case to answer. The court ruled in December that there was a case to answer, and yesterday evidence for the defence was heard from the manager of the hotel, Mr lan Kerr, and others. The union alleges that Mr Kerr refused to let the two union staff into the hotel to interview workers, as provided under the award and the Industrial Relations Act. The union is seeking a penalty against Warner’s Private Hotel (1977), Ltd. The act provides that union officials may enter places where their members are employed to discuss industrial matters with them at reasonable times. Consent may not unreasonably be withheld. At the first hearing last year, the Court was told

that when Mr Kerr refused to admit the union people the police were called. A police inspector tried to settle the argument, without success. In evidence yesterday, Mr Kerr said that he had encountered the two union organisers, Mr Rod Lingard and Miss Jan Cuckow, last July 12 outside the hotel as he was going to a business appointment. They said that they were there to see the staff, to distribute some union pamphlets, said Mr Kerr. “I said, ‘That’s fine, I will take the pamphlets and distribute them.’ They said they wanted to distribute them themselves. “They said they had a right to be there, a right to go on to the premises and would exercise that right. I said, ‘l’m sorry, you don’t have a right, there has been no arrangement made.’ “At that point they ignored me, brushed past me and moved into the hotel foyer.” Mr Kerr said that he blocked the union people’s way up the stairs while the police were called. As they waited for half an hour until the police arrived, Mr Lingard made various threats against him, Mr Kerr said. “He said, ‘l’m sure the tax boys would be pleased to hear about your operation.’ He took a very anti stand against my politics ... He referred to a bookshop I have around the corner.” To Mr Lingard, who. was the union’s advocate in the case yesterday, Mr Kerr said that it was not true that he was not prepared to let union officials into the hotel in any circumstances. Mr Kerr said he believed that the union should make an appointment before its officials could visit his staff.

Mr Kerr said he also believed that there should be some problem that he could not solve with his staff before union officials could see them. He would want to know the reason for the visit and would want to be there when any official spoke to a staff member. Mr Kerr said that at no stage during the incident last July did the union officials say they wanted to interview staff members. They said only that they wanted to hand out notices, said Mr Kerr. They had also not asked for permission to enter the building. They had merely said they had the right and were going to exercise it. Mrs Ruby Tooms, one of Mr Kerr’s employees, told the Court of an occasion in 1981 when Mr Lingard had visited the hotel while Mr Kerr was out and had said to her, “What are you doing working for this ratbag?” Mrs Tooms said she replied that he was “quite a decent boss.” Another employee, Miss Jackie Donn, said that on another occasion Mr Lingard had been “intimidatory and very smart.” In final submissions, Mr Philip James, said for Mr Kerr that there had been no request from the union for access and even if there had been it had not been unreasonably withheld. Mr Kerr was entitled to supervise interviews involving his staff and the union because of the official’s past behaviour. Mr Lingard in his final submission said the evidence showed that a request for access had been made. It had been sought at a reasonable time and Mr Kerr had given no sound reason for refusing it, said Mr Lingard.