Vindication Of Stand Claimed By Wharf Union

Greymouth Evening Star, 17 August 1948, Page 3

Vindication Of Stand Claimed By Wharf Union

(PA.) AUCKLAND, August 16. Payment of £1299 7s 6d of the £38,449 sought by the New Zealand Waterside Workers’ Union is ordered in the decision of the emergency disputes committee appointed by the Minister of Labour (Mr A. McLagan) to inquire into the Mountpark and Broompark hatch disputes. Further details of the finding, which was given today by the chairman, the Chief Justice (Sir Humphrey O’Leary), after the members, had been unable to reach a decision, show that the tribunal had far more detailed evidence of the condition of the hatches than had the Waterfront Industry Commission when it dealt with the matter on February 25. It was unfortunate, said his Honor, that greater detail was not sought or supplied then or earlier, in which event much of the subsequent trouble might have been avoided. This, however, resulted to some extent from the system employed in making complaints. “Hazardous Work “It must be recognised,” said his Honor, “that the loading and unloading of ships is hazardous work and it is essential that the methods of working and gear used be safe and adequate. It was freely conceded at the hearing that the most frequent causes of accident aboard ship are defective hatch covers and defective gear. It does not follow that no risk should be taken. Otherwise waterside work would come to a standstill. A standard of reasonableness has to be established and, if reasonable men think a particular method of working or the use of a particular class of pear is dangerous to life and limb, then they are justified in either refusing to undertake work or discontinue it when serious danger arises, “Gear might not strictly comply with the General Harbour Regulations and yet be serviceable and sale to handle,” added his Honor. Sir Humphrey O’Leary held that I the chairman of the Waterfront InI dustry Commission had acted properly in informing the Minister of Labour he was not precaded to take decisive action without the knowledge that the Government approved

it. The Mountpark decision was a complete vindication ol the waterside workers’ refusal to work unsafe hatches said the national president of tne New Zealand Waterside Workers Union, Mr H. Barnes tonight. Mr Barnes said he had not yet, read the full details of the decision, but it was clear that it was of extreme importance to the trade union movement because it upheld the principle that any working man believing his life to be unnecessarily jeopardised had a legal right to refuse to work. . Perhaps of still greater significance was the finding of the Chief Justice that a decision of the Waterfront Industry Commission was not a proper one and that men were entitled to refuse to accept it. This must be pleasing to all freedom-loving people, because it demonstrated that the Waterfront Industry Commission, was not above all law and justice. “Answer to Prejudice” Personally he believed that the latei aspects of the dispute were of less consequence, said Mr Barnes. The decision of the Chief Justice not only completely vindicated the workers' refusal to manhandle the Mountpark s hatches, but should serve as an answer to those ill-informed and prejudiced persons who were so critical of the watersiders. The next step for the Government and the Marine Department, in view of the decision of the Chief Justice should be to bring down legislation which would relegate the heavy, antiquated type of ship’s hatch covering to the limbo of forgotten things. The action of union representatives on the commission Messrs J. Flood and R. J. O’Donnell, in resigning from office had been completely vindicated by the decision of the Chief Justice, said Mr Barnes. r , Mr T. Hill, secretary of the union, said it was pleasing to know that the union's attitude had been sustained by the Chief Justice. It had been proved that the union, like any other section of the community, was entitled to resent injustices. He believed the case presented by Mr Barnes was unanswerable. However, on the final three points the highest judicial authority in the land had found against the union, and the union must accept the decision. As a member of the tribunal he wished to express his thanks to the Chief Justice for the able manner in which he had conducted proceedings and for the courtesies and assistance he gave to all members, said Mr Hill.