AUCKLAND TRADES UNIONS

Nelson Evening Mail, Volume LXXI, 21 December 1937, Page 11

AUCKLAND TRADES UNIONS

ELECTION OF OFFICERS HELD

INVALID |By I'plcitrii lilt I'ii-hk Afonrii linn I AUCKLAND. 201 h December. A decision invalidating the election held in February and March last of the president and seven members of the executive of the Auckland and Suburban Bodies and Related Trades Industrial Union was given in the Supreme Court by Mr Justice Ostler, who also issued an injunction restraining them from exercising the rights, powers and duties of these offices.

“It seems to me.” said his Honour, "impossible to hold that a ballot conducted as this was in disregard of the rules and in which persons were allowed to participate who were not entitled lo membership can be valid. The rules of industrial unions arc statutory. They must also be strictly complied with in order lo produce legal results.” There were approximately 1650 members to whom ballot papers were forwarded, said his Honour, but only 760 voted among the 1650. There were approximately 200 who were admitted to membership without the payment of any entrance fee, which was a breach of rules 4 and 16. The result of these breaches was that the ballot papers were sent to 200 persons who were not members and who were not entitled to vote, and the time allowed for the return of the ballot papers was not observed. The result was that the defendant, McSwceney, obtained 551 votes for the office of president as against 209 recorded in favour of his opponent, McLaren. If a proper time had been given for the return of the ballot papers the result of the election might have been quite different, seeing that less than half of the members recorded their votes and that of the 760 votes recorded, 200 were those of persons who were not members.

“It is admitted on the facts,” said his Honour, “that the rules were not complied with, and therefore I have no alternative but to declare on that ground that the defendant McSwccncy was not duly elected president of the union, nor were the seven other defendants duly elected members of the executive.”

His Honour declared the offices vacant, except those of the vicepresident, trustees and treasurer-secre-tary, who were elected unopposed, and that defendants were not entitled to act in any executive capacity and issued an injunction restraining them from exercising the rights, powers and duties of these offices. Plaintiff was awarded costs of the action as on a claim for £IOO with disbursements.