A UNION SUED

Dominion, Volume 21, Issue 194, 18 May 1928, Page 7

A UNION SUED

CONVICTED STEWARD SEEKS DAMAGES

MEMBERSHIP REFUSED In January, 1926, Archibald John Bryant was sentenced to nine months’ imprisonment by Mr. E. Page, S.M., in the Magistrate’s Court, on a charge of stealing (with another person) ■some valuable cups and trophies from the Wellesley Club, and which were eventually found in the sea near Miramar Wharf. About the same time I'-ryant was also sentenced to one month’s imprisonment, the terms to be concurrent, for stealing two gold cigarette cases from the Midland Hotel, where he had been employed as a porter. Yesterday Bryant appeared as the plaintiff in the Magistrate's Court in an action for £25 damages which he claimed from the Federated Cooks and Stewards’ Union of New Zealand, on the giounds that he had been victimised by the union and unfairly prevented from obtaining employment. Mr. W. E. Leicester, who represented Bryant, said that Mr. E. Kennedy, secretary of the union concerned, had refused to admit plaintiff to the union, saying that the union did not want to have “crooks” or “criminals” in it. Bryant had served a seven months’, sentence (two mouths-was taken off his term lotgood conduct in the gaol) and some time after his discharge he paid £2 as union dues to Mr. Walsh. After that he worked on the Tahiti for a day and a half. Bryant could have gone to sea oh the Tahiti but for the attitude of Mr. Kennedy, who told him he had seen the chief steward and that he was not going to get the job. Some time after this a meeting of the union was held, and a resolution passed that Bryant be admitted to the union. Since then the plaintiff had offered to pay all his dues owing, but Mr. Kennedy had refused to dischss the matter. The £2 Bryant bad paid to Mr. Walsh had been refunded to him by Mr. Kennedy, who gave it to him saying it was a present from the union, ! in giving evidence along the lines of counsels address, Bryant stated that he had never been in trouble before IJ-b He had done his best to live that down, and had been of good character. since. There were several ex-criminals in the union, and others who were on probation for offences committed. Mr. Leicester said that he did not not think it fair that a man should be barred from joining the union because he had gone to gaol. Accused hud paid the penalty for his crime, and he should be given a chance to earn his living at the work he was accustomed to doing. Mr. P. J. O’Regan, who represented the union, said that Bryant had been barred on two rounds. The first was that good character was essential, and there was a preference clause in the award relating to good character. Stewards on ships were afforded special facilities for committing acts of dishonesty if they, were so inclined. Bryant had secreted himself in the Wellesley Club by night, and helped to steal some valuable cups. He had also stolen two gold cigarette cases from the Midland Hotel. There was nothing personal in the matter. The action simply would not have him on account of his character. The resolution that Bryant be allowed to join the union had later been rescinded. The second ground on which the Union opposed the claim was that it was not true that. Bryant could not get employment on ships as a result of being barred by the union, as out of 171 ships that came to Wellington last year, the union was only interested in eleven. The refusal to admit him to the union was quite justified on his record, and it was untrue that there were excriminals in the union. Mr. O’Regan then asked for a nonsuit on the ground that plaintiff had failed to establish his case. Ths Magistrate (Mr. E. Page, S.M.) said he would reserve his decision .on the nonsuit point, and give it in writing.