TRIBUNAL RESERVES DECISION

Gisborne Herald, Volume LXXV, Issue 22623, 28 April 1948, Page 6

TRIBUNAL RESERVES DECISION

MANGAKINO STRIKE FINAL ADDRESSES CONDUCT OF INQUIRY PRAISED BY JUDGE (P.A.) HAMILTON, April 28. The tribunal which for six days has conducted an inquiry into the events preceding the recent strike at Manga kino reserved its decision when the ease ended yesterday afternoon. "The only evidence against Clapharn at the time his transrer was ordered on December 12. 1947. was the rather nebulous suspicion contained in the engineers’ letters of resignation." declared Mr. C. Hair in onenine his address for (he New Zealand Workers’ Union. Mr Hair reiterated his earlie r argument that Claphams transfer had been ordered for disciplinary purposes contrary to the intentions of the public works workers’ agreement, and that the Commissioner of Works was therefore not entitled to order it. Arguments Answered Clapham’s own statement to the oouri had effectively answered most of the arguments used against him. No substantial charges were preferred against Claphrtm at any time prior to Uio strike at Mangakino The union’s officials in negotiations with departmental officers and with Ministers of the Crown had asked for but did not receive, details of any specific charges. Unio n meetings at which important decisions were taken were well attend, ed. and that applied to mee'ings a’ which Claphams transfer was discussed. There could therefore be ne suggestion of Clnphatn and his associates having “ted the union by the nose." The unrest which, existed on the job .arose from the lack of amenities and that lack still persisted When the amenities improved the unrest would lessen but Clapharn had merely dealt with the romplaints as wa? his duty as union secretary. Mr. Hair said he gave the engineers credit for not having wished to cause anv stoppage on the job, and had tliev been able to. they would from the outset have transited their suspisions into concrete charges. The fact was that the engineers became so convinced bv what tliev culled in a garbled form from gossip and hearsay evidence t’”’* '•"•’""n was held in universal dislike, that they thought any stoppage over his dismissal was not possible They failed to realise that the great mmority of union members, while disliking Clapham’s politics had confidence in him as their secretary. Do Not Justify Transfer Mr. Hair said Claoham’s activities in Fiji and earlier at Karapiro had not been considered to justify his exclusion from public works iobs on his return from war service, and would therefore, not be used to. justify his transfer at a later date. Mr. Hair said Ihe “Mangakino Spark" had at no time published criticism of the administration of Mangakino or of Maraetai .and Clapharn had not au thorised the publication of any such criticisms in any daily paper. It had been claimed that Clapharn was transferred as an individual, not a union official, but this claim could not stand in the light of the allegation against Clapharn that disputes on the job increased after he became secretary. This allegation pointed to the real reason for seeking the transfer of Clap ham, who had at all times acted in accordance with the instructions of his fellow unionists. Production Councils Discussing production councils, Mr. Hair said it had not been suggested by Clapharn, or any member of the union, that engineering projects could be conducted without the engineers. It was merely felt that production councils could give practical assistance in improving efficiency. The department’s witnesses had also failed to prove any disruptive acts by Clapharn outside the strict sphere of his union duties. Government witnesses had been unable to cite a single instance of Clapharn inciting men to stop work or take other action prejudicial to the job, nor had it been substantiated that relations between the men and the staff had deteriorated after Clapharn became secretary. Mr. Hair said the “Mangakino Spark’ had received publicity far beyond what was warranted by its very humble position in the newspaper world. Ho said it was important that some of the passages in the “Spark” quoted in court including those critical of ‘Cabinet Ministers had been published after December 12, 1947, when Clapham’s transfer was ordered These passages could, therefore, not have been one of the reasons for ihe transfer. These things written after the strike began were perhaps due to the strained relations resulting from the dispute. An 111-Advised Reference The reference to Belsen camp, illadvised though it was, was also published after the transfer was ordered. The engineer in writing his letter threatening to resign if Clapharn were not transferred, could scarcely have been gazing into a crystal bowl with foreknowledge of later events Moreover, although Clapharn was the pub lisher of “that little sheet," no evidence had been called to prove he wrote the passages objected to. The “Mangakino Spark” could not have been a strong swayer of public opinion when it was remembered that other papers were circulating daily. Mr. C. Hair, for the New Zealand workers’ union, said there was no doubt that Clapharn came under suspicion of being a disrupter merely because he was a member of the Communist Party—something he was legally and democratically entitled to be. It could not be held that because he was a Communist he could not give loyal service to his employer. There was a great difference between loyal service and utter subservience. “Exaggerated Suspicion” The project engineer Gilkison had for some time got along well with the union secretary, holding the same views as Clapharn. “1 believe the press intensified campaign being featured in the newspapers against communism and Communists has led to an exaggerated suspicion of those belonging to the Communist Party,' said Mr. Hair. Clapharn had suffered in this respect and the tribunal should remember that the fact that statements arising from political antagonisms should be carefully analysed. They could give rise to suspicions, and no mar. should be sentenced on someone's suspicion of what he might be likely to do. Regarding the many extracts from Communist doctrine, they must be regarded as superseded by the rule of the Communist Party membership supplied by Clapharn. The Government had an opportunity to bring evidence to show that the rule was not the latest statement of tlie Communist position, but had failed to do so. His union was well aware of the need for the speedy completion of the Mangakino job, but eo-operation must come from both sides, and from that point of view both parties should have learned something during the tribunal’s hearing. The union's policy was one of cooperation and harmony, and Clapharn had adhered to it without conflict with his political beliefs. It had not been proved that he was at Mangakino by design for some purpose. Did not Advocate Strike No evidence had shown that he had done something against the harmony of the job. Suspicion was not proof. Had there been proof against Clapharn, there would have been no strike and no tribunal. lie did not advocate a

strike when he had every right to feel resentful. If the charges against Claphnm of political activity prejudicial to harmony could be sustained, it would mean in effect that no person should be employed on public works who did not support the politics of the Government in office. Political differences were not confined to Mangakino. “Clapham’s transfer took place on December 12, 1947. It appears to me that the majority of the evidence brought forward in some phases of the Government's case has been looked into only since the dispute developed, and was not even considered at the time his transfer was ordered,” concluded Mr. Hair. Mr. J. E. Engel, for the Works Department, said the article written by Clapharn about the organisation of the Communist Party’s work on undertaking such as Mangakino -bowed beyond doubt how systematic and thorough were his plans for spreading communism. It must be a severe jolt to the complacency of those who thought that communism should be ignored. Working With Fanatical Energy It was not realised that the Communists, although few in number, worked behind the scenes with fanatical energy taking advantage of the apathy of citizens who wanted only a quiet, peaceful life. Communist Party's precepts that Communist Party members were not simply persons of certain political views. They were duly-bound members of a party to execute a course of action prescribed for them by Moscow. This meant in trade unions, establishing Communist leadership by all means, legal or illegal. Alongside this the interests of unionists, their dependants, the progress ot the job and the effect on the, country’s welfare carried no weight. Clapham’s real loyalty was to the Communist Party and his bounden duty was to work against the interests of his employers, who happened to be the Government of New Zealand. Therefore, the more disrusption and delay Clapharn could cause at Mangakino the better his party would be pleased. “It may seem a long way from Mangakino to Moscow, but Clapharn is a member of the New Zealand Communist Party and, therefore, of that international organisation,” said Mr. Engel. Similar organisations of Hitler seized effective control in many countries. The ‘‘it can't happen here" feeling was of great service to Hitler and Stalin in winning converts in countries they sought to overrun. Causing' Harm to Industry

While there was no fear at present of Clapharn and his associates overthrowing our democratic form of Government. they were causing concern by the harm they were doing in industry, thereby hindering the raising of our standards of life and hampering the fullest aid to Britain. It \vas inconceivable that the department should not have the right to transfer such a person as Clapharn. Judge Dalglish, announcing that the decision would be reserved, said in the first instance the decision of such a tribunal was the decision not of the chairman, but. of the other two members. Only if they failed to agree would he join them in seeking a decision. Judge Dalglish said he thought the end of next week was the earliest time at which it would be possible to announce the tribunal's verdict. There was an immense amount of detail to consider. The judge congratulated both advocates on the manner in which their cases had been presented. Both sides, he said, had avoided mud slinging,