"TRANSFER JUSTICE EVASIONNO SPECIFIC CHARGES MADE”

Gisborne Herald, Volume LXXV, Issue 22619, 23 April 1948, Page 6

"TRANSFER JUSTICE EVASIONNO SPECIFIC CHARGES MADE”

MANGAKINO INQUIRY

(P.A.) HAMILTON 7 , April 23. While union representatives enjoyed no special privileges, they were not to be discriminated against or intimidated in any way, yet. the transfer as applied in Clapham’s case was “covert, insidious and an evasion of justice,” declared Mr. C. Hair, Rational secretary of the New Zealand Workers’ Union, during his submissions to the Mangakino tribunal.

Mr. Hair submitted that Clapham’s transfer was in no way justified, that Clapham had not engaged in any policy or activity prejudicial to the harmony of the work, and that Clapham’s policies and activities had been designed to resolve difficulties which arose and to advance not only the interests of his members, but the progress of the work. Mr. Hair stressed that in all interviews with Ministers of the Crown and engineers regarding the proposed transfer, no specific charges against Clapham were made. Wounded in Action in Italy Mr. Hair said Clapham entered the employment of the Works Department early in 1937 and, after serving in Fiji with a civil construction unit, he joined the Army. He saw active service in the Islands and Italy, where he was wounded in action.

“Come Through Hard School”

“I do not think suppression of any kind is calculated to achieve the ob jective you desire." he said. References to the Minister in the “Spark" had from the Minister's point of view, become more objectionable since the dispute occurred, but the witness himself vould not be upset oy that sort of thing. He had come through a hard school and was less sensitive than some people Mr, Engel: Mr. Semple does not take this sort of thing lightly, but you don t suggest he didn't come through a hard school? Witness: I don't, but the Minister retaliates pretty effectively, too.

On his discharge in February, 1946, he worked with the tramways in Auckland until recovering full health he obtained employment again with the Works Department at Karapiro. On all jobs where Clapham worked he played a part in local union affairs. After leaving Karapiro Clapham went immediately to Mangakino for employment, but was told he was not to be employed there. The local union -executive took a serious view of the matter and referred it to the head office of the union. The Minister finally gave an instruction for Clapham to be employed.

“However, the instructions were opposed by the project engineer, who still refused to start Clapham,” continued Mr. Hair. “Further action had to be taken with the head office of the department and, after further instructions, Clapham started work shortly after Easter, 1947.” Mr. Hair said that, after being elected local secretary of the union, Clapham appreciated that he was in an unusual position. He had been warned by the Minister that he would be held responsible for any trouble. Clapham impressed upon the executive the necessity of taking joint responsibility for the instructions they gave him and for any representations to departmental officers. He made doubly sure that representations were made courteously and constitutionally and that he was accompanied by one or more members of thj executive. Relations Reported To Be Good

Witness said he dissociated himself from the Communist ideology, as from other ideologies. Asked if he were not concerned that Communists should have influence in the union, witness said: "It is not so long since some of we old timers were looked upon much as Communists are regarded now." He said he was nut happy that a Communist should be branch secretary, but did not let it worry him. He had never regarded the 'Mangakino Spark" as exciting an influence in any way comparable to the publicity it had recently received. “An unfortunate feature of the Mangakino trouble is the publicity it has given to people, things and institutions we don't want to give publicity to,” he said. George Allen Bravery, union organiser, gave his version of events in Fiji dealt with by earlier witnesses. He emphatically denied that Clapham was the most effective speaker at the meeting of members of the civil construction unit at which a decision was taken to strike in protest against the deportation to New Zealand of a man named Hardcastle and two other members of the unit. “He Was Tough” "The most effective speaker on that occasion.” said witness, “was Harry Williams, I am going to say he was tough, this little Harry Williams. I will not say he was quite fair. He was a pretty aggressive little fellow.” Witness said that as a union organi ser at Karapiro and Mangakino he had never encountered any evidence of dis ruptive or wrecking activities by Clap ham.

Mr. Hair said that, although many disputes were handled, none of these had led to a stoppage of work. Reports reaching head office of the union indicated that relations between the local union officials and the department engineers were good. “We were surprised to be told, on being summoned to the office of the Minister of Works, at the end of November, that a serious position had arisen at Mangakino. The Minister told us he had received the resignations of four engineers and a number of overseers at Mangakino, the resignations to become effective unless Clapham was shifted.

Asked by Mr Engel if lie were a Communist, witness replied: "I am like Mr. Gilkison in that respect. I don't want to answer any questions aboui my politics. (Earlier in the case Gil kison had declined to state whether he was a member of the Labour Party).

Mr. Engel: Do you attend Communist meetings? Witness: What I do in my own Pme has nothing to do with this casp. I will give any evidence concerning this case in which a union principle is at stake

When again asked to state if he was a Communist, witness retorted. Ar' you one’’ Mr. Engei: No, I'm not. Witness said to Mr. Engel: You must extend to me the same rights as were given to Mr. Gilkison

Upon being asked what charges the engineers had made against Clapham, the Minister replied that apparently there were no specific charges. This was corroborated by the Commissioner of Works, Mr. McKillop. and the chief engineer, Mr. Langbein.”

Mr. Engel claimed that his question was quite different from that which Mr. Hair had previously asked Gilk' son. Clapham was known to be a Communist ana it might throw light on some matters if it were known that witness was also a Communist.

The Minister stated that, as there were no specific charges, he was not thinking of dismissing Clapham, but of transferring him to another job. Union representatives strongly objected to this course, pointing out that, in the absence of charges that could be substantiated, the members of the union would very strongly oppose any interference with their representatives. Mr. Hair submitted that the intention of the public works workers’ agreement was not that a transfer should be used as a disciplinary measure. “A transfer has never been used by the department towards our men as a disciplinary measure but if it were so used it should be subject to a right of appeal, as in the case of dismissal or demotion. A transfer as a disciplinary or punitive measure could be used in ways opposed to the accepted standards of justice and fair play, particularly in regard to union officials.” A Punitive Measure As the case stood, it illustrated very clearly the grave danger of placing the power of transfer as a punitive measure in the hands of engineers, as it would most certainly be used as an instrument to suppress legitimate criticism and activity that they might find displeasing.

Referring to the second section of the tribunal’s order of reference, Mr. Hair suggested that the evidence would show that Clapham's endeavours had been towards ensuring that the job was carried on effectively so that it could be completed at the earliest possible time.

“We think it can be reasonably inferred from press statements by the Professional Engineers' Association to the effect that control of the job was being slowly filched from them that they have taken umbrage at the proposals which have emanated from the union, and which have in any way implied criticism of the administration ” Mr. Hair said he had never seen a more" sober-minded union meeting than Ihe one at which after three months in which to reflect on the issues involved the decision to strike was taken.

William Logan Wallace, national president of the union, gave evidence of a meeting between union leaders and the Minister of Works in the latter’s office at which the Minister said there were no specific charges against Clapham. In subsequent discussions held in the hope of avoiding serious trouble the Minister stated that he did not object to Clapham because of the laLter's politics. Opposed by Clapham When, negotiations having brought no solution, rational leaders of the union proposed that tne matter be referred to a vote of members of the Mangakino branch, Clapham strongly opposed anything in the nature of a stop-work meeting. He took a similar attitude at a meeting of the branch executive on February 12 when Clapham counselled a further attempt to reach a settlement by negotiation—a course which was adopted. Witness said in his long experience of public works he had never known a similar case to this one. To Mr. J. E. Engel, for the Government, who invited witness’ opinion of references in the “Mangakino Spark” to Mr. Semple, witness said he certainly did not agree with what was written, but he was pretty tolerant of that sort of thing. The Minister was in the habit of hitting pretty hard and did not mind people hitting back. Witness did not agree with the description of the Minister as a traitor t > the Labour movement, “but I would lose no sleep about it. even if I were the Minister.” said witness. “We dissociate ourselves from the “Spark”, but it is nothing to do with our union activities at Mangakino.” Witness said he thought the writings in the “Soark” were ill-considered, out un l! ke!v to cause discontent. "During recent visits there I have found a solid body of men at Manga--1 ino and don't consider that its solidarity has been affected by the ‘Mangakino 'Spark',” witness said. If he were in the position of the Minister of Works ne would not give to any person writing things (such as had appeared in the “Spark") the satisfaction of putting that person off a job.

"I will give any evidence about Uncase. but I will not discuss my politics or religion,’' said witness The chairman. Judge Dalglish, ruled that if witness declined to answer the question Mr Engel should not pursue it. (Proceeding.)