ENTRY DENIED

Evening Post, Volume CXXXVI, Issue 91, 14 October 1943, Page 3

ENTRY DENIED

UNION FEES COLLECTOR P.A. AUCKLAND, October 13. A claim for a penalty for an alleged breach of the northern boot operatives award heard by the Arbitration Court was described by counsel as the first case of its kind and one which might go to the Court of Appeal. The breach which was alleged against Dearslys, Limited, was that during June and subsequently the defendant company unreasonably withheld consent for an authorised officer of the union to enter the company's premises and there interview workers. The matter in issue was the right of a union secretary to enter an employer's premises for the purpose of collecting union dues from members. Mr. N. V. Dyett, inspector of awards, appeared for the Department and Mr. North for Dearslys, Limited. Mr. Dyett submitted that the award authorised a union secretary, with the consent of the employer, to interview workers as long as this did not unreasonably interfere with the employer's business. The secretary of the Boot Operatives' Union, Miss Stone, gave evidence that last February the union decided that she should visit each factory once a quarter to collect union dues. The only employer who took exception to this system was the defendant company. It was suggested that the workers should leave their cards and money in an office for the secretary, but the union did not agree to this. She had entered 37 other factories to collect dues without any objection being made. Seine of defendant's employees were in arrears, to the union. Mr. North said that the defendant company was always willing to admit union representatives to its factory for any purpose within the provisions of the Industrial Conciliation and Arbitration Act. The question was whether the clause in the award was within the authority of the Act if it meant right of access for the purpose of collecting union dues. He submitted that the clause did not give right of access to collect dues and further that, if it did, it was outside the jurisdiction of the Act. If a claim was made that the unions generally could collect members' fees in business hours it was a matter of the first importance. The right of access given was only to interview workers "with intent to secure the effective operation of the award," and that did not relate to domestic matters between the union and its members. The Court reserved its decision.