RULES OF A UNION.

New Zealand Herald, Volume LII, Issue 15848, 19 February 1915, Page 7

RULES OF A UNION.

CONFLICT WITH AWARD.

DEFENDANT WINS HIS CASE.

An important legal objection, which was subsequently upheld by Mr. C. C. Kettle, S.M., was raised by Mr. Brown in a case at. the Magistrate's Court yesterday, when the Labour Department sued G. R. Hosking for a penalty of £10 for failing to notify the secretary of the Carpenters' Union, in accordance with clause 12 of the award, that he had engaged two carpenters, who were non-unionists.

Mr. Brown appeared for the defendant and pointed out that the award provided that any journeyman carpenter of good character and sober habits shall be admitted to membership upon payment of the entrance fee. The provision regarding notification to the secretary, however, shall only operate so long as the rules of the union shall permit this. The union rules stated that candidates shall have been working in the carpentry and joinery trade for five years and must be " competent workmen ' of steady habits and good moral character. The union rules, therefore, precluded anyone from joining the union who was not a competent workman, and clause 12 compelling notification to the secretary that non-unionists had been engaged was inoperative, as it only applied to comj petent workmen.

The inspector of awards said that mem bers were admitted without selection and ballot, and, therefore, there was no discrimination.

The Magistrate: Who admits them? The Inspector : The secretary. The Magistrate : If he had reason to believe a workman was Tint competent he would not admit the applicant? The Inspector : The award provides that a. journeyman is one who has served five years. The Magistrate : The man must, be competent. That is the restriction' The Inspector : If the word competent ■was left out the union -would have to accept anyone. The Magistrate : Candidates must be competent workmen. After further argument, the magistrate said that in his opinion clause 12 was inoperative. Every person who joined the union, under the miss, had to be competent, and this prevented the clause of the award under which defendant was Isued from being enforced. The rules should state that every journeyman car penter and joiner of good character and "Slob habits shall be entitled to become a member of the union. Judgment would be for defendant.