‘ONE MAN TO BLAME’

Gisborne Herald, Volume LXXV, Issue 22617, 21 April 1948, Page 6

‘ONE MAN TO BLAME’

COUNSELS ATTACK DISSENSION SOUGHT COMMUNIST DOCTRINE (P.A.) HAMILTON, April 20. “I will sho-.v that the pernicious doctrine of communism to which Mr (Tapham subscribes demands (ha* ht should .'dopi any means reasonable or unreasonable, iega! or illegal to bring about dissen siori between employer and employee,” declared Mr J. E. F.ngel, in i;js opening submissions for the Government when the tribunal in fluffing into the Mangakino dispute began its sittings in Hamilton today. Mr Engel, who was formerly assistant Public Service Commissioner, declared that the cause of the whole trouble was the actions of one man— Mr L. V. Clapham, secretary of the Mangakino branch of the New Zealand Workers’ Union. Judge D. J Dalglish is presiding over the tribunal. Associated with him are Mr. F. IYI H. Hanson, Government representative. and Mr. W. F. Shilton, secretary of the Auckland branch of the union, as the workers' representative The New Zealand Workers’ Union advocate is Mr L. C. Hair, who also rep: esents Mr Clapham. The tribunal in its order of reference was asked to determine if the Commissioner of Works had the right in the terms of the public works workers' agreement to transfer Mr. Clapham from Mangakino to the Auckland district and to ascertain if there was evidence that Mr. Clapham was engaged in any policy or activity prejudicial to harmony, smooth running and effective execution of the work and, if so, was his conduct in this respect such as to justify a transfer. The tribunal was appointed by order of the strike and lock-out emergency regulations. 1939. In hi. opening address, Mr. Engel said the tribunal was asked to answer two questions concerning one workman employed on the hydro-electric works at Mangakino. The questions were of far greater import than appeared at first glance. Vital Importance of Works

Mr. Engel stressed the vital importance of hydro-electric development to the country's economy. Power shortages were already having a detrimental effect on industry, particularly in the North Island, and the increasing load could not be met if jobs of such national importance as the Maraetai hydro-electric scheme were not finished as quickly as possible. “It is nothing less than criminal that such an important job as Maraetai should be held up because of one workman,” said Mr. Engel. “This appalling situation is even more astonishing when one considers the outstanding improvements in pay and conditions of workmen on public works over the last 12 years.” Mr. Engel cited improvements effected in recent years and said the Government was spending over £BOO,OOO at Mangakino on the construction of a model township which would be second to none in the world. Every married worker would live rent free in a house costing about £IOOO and a township of 3000 people would have amenities on the most modern lines. Yet the “Mangakino Spark,” a paper published by Mr. Clapham, likened living conditions at Mangakino to those of the Belsen camp. Mr. Engel said the public works workers' agreement provided adequate machinery for the settlement of disputes, but evidence would be submitted to show that Mr. Clapham and his associates on the local branch of the union had not adhered to the provisions of the agreement. It was significant that this was the first occasion since 1936 that a tribunal had to be set up to adjudicate upon a dispute between the union and the department. Right To Hire Or Tire Mr. Engel submitted that an employer had a rifeht under the common law to engage or discharge an employee or to transfer him to another job, Apart from the common law, the public works agreement contained an implied authority to transfer a workman by stipulating that reasonable actual expenses should be paid to a worker. The engineer acting in charge at Mangakino at the time Mr. Clapham's transfer was ordered received instructions that this provision as to expenses would apply to Mr. Clapham. “I propose to submit evidence,” continued Mr. Engel, ‘to show that there had been a great deal of unrest among the workmen at Mangakino. after Mr. Clapham became secretary of the local branch of the union in July or August last. “The tactics adopted by the local branch union became unreasonable and unconstitutional, and the situation became so intolerable that five engineers, including the acting-engineer in charge of the job, submitted their resignations last November, indicating that either Mr. Clapham had to be removed from Mangakino or their resignations be accepted. The sixth resignation was received later on December 9. The Commissioner of Works, Mr. McKillop, visited Mangakino and after an investigation recommended Mr. Clapham’s transfer to the Auckland district and the Minister authorised such action. “This decision was not reached without a thorough review of the whole circumstances surrounding the case.” The evidence would show that trouble had occurred on other public works jobs where Mr. Clapham had been employed. He was known to be a Communist. It was known that the engineers who had submitted their resignations were all reasonable men who had got along well with the union’s executives in the past. Local Branch’s Protest On December 12, 1947, Mr. Clapham was notified of this transfer. On January 14, 1948, the local branch of the union protested against the transfer and committed itself to obtain his reinstatement. Alter referring to the subsequent decision to strike, which was carried by 23 votes, Mr. Engel said the other side would doubtless contend that an important trade union principle had been violated by the transfer of Mr. Clapham, in that there had been discrimination against a union executive. If the union thought there had been a violation of this sound principle, it was in duty bound to take up the case in the way it had done, but Mr. Engel submitted that no such principle had been violated. 'Action taken was against Mr. Clapham as an individual on account of his trouble - making propensities, not against him as a union secretary. Similar action would have been taken against any person indulging in similar activities, and thereby hampering the progress of such a vital job “A union executive is not sacrosanct. He cannot expect to be exempt, from the consequences of bis actions, or to receive preferential treatment over other men. No man, be lie a union executive, workman or an official of the permanent staff, or even an engineer, may be allowed to impede the progress of a public works job with impunity. "The tribunal will recognise that there is a very important fundamental principle at stake— something fatgreater than the reading of the order of preference would indicate. Vital Issues Involved “The whole scheme of management and the execution of public works in New Zealand is involved. Government policy is involved. The public interest is involved. “Mr. Clapham is an avowed Communist and I propose to show that he has followed the well-known Communist technique in his activities at Mangakino, a technique which is designed to stir ui) trouble, breed discontent and cause friction between the management and the men. , . “A person holding such convictions is not a fit and proper person to be employed at Mangakino, and in transferring him to another job the Minister of Works adopted the most lenient course their duty to the Government and to the people of New Zealand would allow.