UNION’S CASE AT MANGAKINO

Grey River Argus, 23 April 1948, Page 5

UNION’S CASE AT MANGAKINO

No Specific Charges Against Clapham

P.A. HAMILTON. April 22. 'tne New Zeaiano vJcrkers union case, and mat of ivxr D. V. Clapham (.branch secretary) was this afternoon, presentea bv ivir CMrl Hair (.national secretary) to the Tribunal investigating the Mangakino Strike and actions of Mr ciapnam. Air Hair, in his submissions, said the union believed iirmly in the settlement of disputes by arbitration, o_ hundreds of disputes in the past iz years very few nad led to stoppages, rins strongly inaicated the union's desire to settle disputes by constitutional means. The union agreed witn Mr Engel as to the vital nature ot mydro aeveiopments in me norm Islana and agreed that the fullest cooperation must* obtain between the administrative ofiicers or the department and the union men on the joo. ciapnam entered the employment of the rublic Works Department early in 1937. Alter serving in Fiji with a civil construction unit he joined the army. He saw active service in tne islands and Italy, where he was wounded in action. On discharge in February, 1940, he worked with the tramways in Auckland until recovering his full healtfl Then he obtained employment again with the Public Works Department at Karapiro. On all the jobs where Clapham had worked he had played his part in local union affairs. After leaving Karapiro he went immediately to MangaKino for employment, but was told he was not to be employed there, ine 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 tor Clapham to be employed. “However, the instructions were opposed by the project engineer, wno sml refused to start Clapham,” continued Mr Hair. “Further action had to be taken with the head office, oi the department and after further instructions, Clapham started work shortly after Easter. 1947.” Referring to the election of Clapham as the local secretary of the unon on July 8, Mr Hair said the local unon executive on a job was elected by members employed on the particular scheme. Lt aas u conuiM duty of the local secretary to correspond with the local officers in charge in regard to disputes and other matters, or to preset cases verbally. There was provision for this procedure in a grievance section of the Public Works Workers’ Agreement. “It has been our common experience that disputes are far more numerous on a big job which is in its formative or commencing period,” Mr Hair stated. “This was true of Mangakino for various reasons. It should be emphasised that beiore Mr Clapham was employed at Mangakino some serious differences of opinion had arisen in regard to the types and allocation of houses and amenities generally. After being elected 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 had impressed upon the executive the necessity for 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 the executive.. SUMMONED BY MINISTER

Mr Hair said that although many disputes were handled none of these led to a stoppage of work. Reports reaching the head office of the union indicated that the relations between the local union officials and the department’s engineers were good. A SURPRISE Mr Hair said: “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 resignation of four engineers and a number - of overseers at Mangakino, the resignations to become effective unless- Clapham was shifted. Upon being asked what, were the 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. The Minister stated that as there were no specific charges he was not thinking of dismissing Clapham, but of transferring him to another job. The union representatives strongly objected to this course, pointing out that in the absence of charges that could be substantiated, members of the union would very strongly oppose any interference with their representatives. NO SPECIFIC CHARGES Mr Carl Hair, in submission, said that while union representatives enjoyed no special privileges, thev were not to be discriminated against or intimidated in any way. Yet tne transfer, as applied in Clapham’s case was covert and insidious, and an evasion of justice. He submitted that Clapham’s transfer was in no way justified: that Clapham had not engaged in any nolicv or activity prejudicial to the harmonv of the work; and that Clanham’s policies and activities had been designed to resolve difficulties which arose, and to advance not only the interests of ms members, but the progress of ine work-

Mr Hair stressed that, in all interviews with Ministers of th P Crown and the engineers, in regard to the proposed transfer, no specific charges against Clapham were made. He submitted that the intention of th e Public Works Agreement was not mar the transfer should be used as u disciplinary measure. He said:—

“Transfer has never been used »y the department towards our men as a disciplinary measure, but, if it were, it should be subject to right of appeal, as in a case of dismissal or demotion. Transfer as a disciplinary or punitive measure could only be used in wavs onoosed to accepted standards of justice and fair ploy, particularly in regard to union officials.” As the case stood, be said, it illustrated a very grave danger of placing 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 thp tribunal’s order of reference. Mr Hair suggested that 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. It would also indicate that he fullv appreciated the need for harmonious relations ir they could be achieved without sacrificem in any wav. interests of the men he had been elected to. represent. Clapham, as one of the chief local executive' officers of the union, was caned upon to place the union views on any matter. He was instructed to handle before the local engineers. “We think it can b« reasonably inferred from press statements made bv the Professional Engineers’ Association to the effect, that the control of th P job was being slowlv filched from them, that thev have taken umbrage at proposals which have emanated from the union and which have not, in anv wav, implied

criticism of the administration. It is the democratic right of members on any job to elect tneir local representatives. It is a right of those representatives to be ahi a to make free, untrammelled reoresentaiiuns to engineers on behalf of the men. Unless thev can dd this wAbout tear of victimisation, or unoleasant attentions from emolovers. the union cannot act in a wav conductive to harmony or co-ooeration.” Mr Hair said ha had never seen a more sober-minded union meeting than the one at which, after three months, in which to ! reflect on issues involved, a decision to strike was taken. There was no rabble-rousing; no advocacy of action—nnp way or another. A ballot was held under good conditions, with ample opportunity for everyone to vote and with a Justice of the Peace as returning officer.

N.Z.W.U. PRESIDENT REPUDIATES COMMUNISM

The first witness caned by Mr Hair was William Logan Wailace. national President of the N.Z. Workers’ Union. While dissociating himseli and . the union from Communism, he said that he did not consider Clapham’s writings in the “Mangakino Spark” were likely to cause discontent, or were of a nature which need worry the Alinister of Works. Witness told of a meeting between union leaders and the Minister of Works in the latter’s office, at which the Minister said there were no speciiic cha\ges against Clapham. In subsequent aiscussions. which were held in the hope ot avoiding serious trouble, the Minister stated that he did not object to Clapham because of the latter’s politics, vvnen, negotiations having brought no solution, national leaders of the union proposed that the matter be referred to a vote of the members of the Mangakino branch, Clapham strongly opposed anything in the nature or 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 that in his long experience of public works, he had never known a case similar to this one.

DISAGREES WITH “SPARK” . WRITINGS To Mr Engel (who invited his opinion of the references in the “Mangakino Spark” to Mr Semple), the witness said that 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 said that he did not agree with the description of the Minister as a traitor to the Labour movement. “But I would lose no sleep about it ,even if I were the Minister.” said Mr WaiHe said: “We dissociate ourselves from “The Spark,” but it is nothing to do with our union activities at Mangakino.” He thought that the writings in “The Spark” were ill-considered, but were unlikely to cause discontent. He said: “During recent visits there, I have found a solid body of men at Mangakino, and I don’t consider that its solidarity has been affected by the “Mangakino Spark.” .

“SPARK” NOT TAKEN SERIOUSLY Mr Wallace said that, it he were in the position of the Minister of Public Works, he would not give to any person writing things sucn as had appeared in "Tne Spark" the satisfaction of putting tnat person oit the job. ‘“I do not think suppression of any kind is calculated to achieve the objective you desire,” he said. The reierences to the Minister in “The Spark,” had, from the Minister s point of view, become more objectionable since the dispute occurred, but the wdtness himself would not be upset by that sort of tning. 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 that' he did not come through a hard school? Witness: I don’t. But the Minister retaliates pretty effectively, too. Mr Wallace said that dissociated himself from the Communist ideology, as from other ideologies.

Asked if hew re. not concerned that a Communist should have influence in the union, Mr Wallace said: "It is not so long since some of we oldtimers were looked upon much as Communists are regarded now.” He was not happy that a Communist should be a branch secretary, but he did not let it worry him. He had never regarded the “Mangakino Spark” as an exciting influence in any way comparable to the publicity that it had recently received. The unfortunate feature of the Mangakino trouble is the publicity which it has given to people, and things, and instititutions we don’t want to give publicity to,” he said.

Mangakino Branch Chairman Defends Clapham’s Record

Patrick George Gavin, chairman of the executive of the Mangakino Branch of the Union, said Clapham had strongly opnosed anv strike action over his transfer. Witness denied that he personally was dominated or led round bv the nose or easily persuaded. “I mav be kicked cut, or carried out, but I have never been bluffed out yet,” said witness.

He denied that there had been any noticable change in tlm relations between the engineers and the unjyn after Clapham became the brancn secretary. There was no increase in the volume of complaints on the joo with Clapham’s advent to office, unless it was an increase, proportionate to an increase in the number of men engaged. Before Clanham became secretary there were several disputes, involving the threat to stop work. Witness said that, in his experience most engineers were reasonable in their dealings with unionists Witness found the resident engineer, Clark, very approachable, but he had formed an impression that th P project engineer, Gilkison. was basically opposed to unionism. Mr Hanson: ‘Tt is. perhaps, the unionism, as practiced at Mangakino where all these block bans are floating around, that Gilkison does not like?”

Witness said he would not stand for anv union officer acting disreputivelv. and he had found no evidence of Clapham having acted in such a manner.

Mr Gavin said that, if ho found any person using union meetings to further the Communist nhilo’ophy. ho would be in duty bound to renort the matter to the union’s head office. To his knowledge. Clapham had not used union meetings to further Communism. Mr Gavin was under cross-exam-ination when the tribunal adjourned at 9.30 p.m. PILES ? TRY /ANN. Unpleasant na ; nful n‘le«s swiftlv relieved with -ZANN. Trial treatment for 9d. stamns. Zann Pty., Dept. ‘H.J.’ Box 952. (B. M. Appleton, 21 Grey Street), Wellington. —8