RIVAL UNIONS

Evening Post, Volume LXXXVII, Issue 73, 27 March 1914, Page 3

RIVAL UNIONS

NONSUIT ASKED FOR. DECISIO. f RESERVED. Further hearing was taken after The Post went to press yesterday, before Mr. D. G. A. Cooper, S.M., in the case in which George Farland, waterside worker, proceeded against Charles Albert Purdey, secretary and treasurer of the Wellington Wharf Labourers' Industrial Union of Workers, claiming the sum of £3, as wages for certain work executed in accordance with a certain resolution carried a meeting of the union held on the 7th February last. Mr. P. J. O'Regan appeared for the plaintiff, and Mr. H. F. yon Haast deiended. In moving for a nonsuit, Mr. yon Haast said that his first point was that plaintiff had sued the wrong person. He had sued a servant of the union, whereas he should have sued the union. The secretary could not be made liable for moneys due by the union. He was bound to carry out the instructions of that body. Further, the plaintiff had shown by his own evidence that he had not fulfilled the conditions of a resolution. It was quite plain that Mr. Farland wenfaway and acted in defiance of the wishes of the executive. Again, there was no evidence as to what powers the union had to coerce the executive. Even assuming he sued the union, he could not succeed, because a union and the like could only act by its head — its executive. A union could not make a contract in this way with an outsider or one of its own members. In submitting that Mr. yon Haast had failed to establish a nonsuit, Mr. O'Regan said that this was not an action within the purposes of the Industrial Conciliation and Arbitration Act, and, therefore, it could not be contended that a union was really liable. Where it was necessary to sue' for a breach of an award, the union, as a union, should be sued. He further contended that, as the meeting of 7ih February had been called on proper lines, the secretary was obliged to act up to the resolution which that meeting had passed. Further hearing was adjourned pending the Magistrate delivering his decision on the question of a nonsuit.