DECLARED VOID

New Zealand Herald, Volume LXXIV, Issue 22917, 21 December 1937, Page 17

DECLARED VOID

UNION ELECTION LOCAL BODY WORKERS SUPREME COURT DECISION INJUNCTION GRANTED 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 Local Bodies and Related j Trades Industrial Union was given in j the Supreme Court yesterday by Mr. j Justice Ostler, who also issued an injunction restraining them from exereis- | ing the rights, powers and duties of ! these offices. "It seems to me." said His ; Honor, "impossible to hold that a bnl- ! lot conducted as this was in disregard of the rules, and in which persons were j allowed to participate who were not en- ' titled to membership, can he valid. The j rules of an industrial union are statu- : tor.v. They must also he strictly com- ! plied with in order to produce legal | results." The action was brought by a member of the union, .T. A. Allen (Mr. Haigh | and Mr. McCarthy) against H Mcl Sweeney (president of the union), and j \V. Hawkes, H. Gavan, G. McGeehan, I L. T. McMahan, E. P. Page, W. Jt ! Waugh and T. Ryan, members of the executive (Mr. Slipper), asking for a ! declaration that their election to office j «as null and void, that their oilices j were vacant and that they were not ! entitled to act therein, and that an j injunction he issued to restrain them j from exercising the rights, powers and ; duties of such offices.

Breaches of Rules j The statement of the facta agreed on j between the parties showed that the j rules provided for a postal ballot, and | ballot papers were sent by post to members of the union on February 26, 1937. There was an intimation that such ballot papers had to be returned to the treasurer-secretary as returning officer before 6 p.m. on March 3; that is to say, the members were given only a i period of five days at the most and j probably less in which to return the ballot papers. Rule 18 (c) of the rules j distinctly provided that the ballot | papers should be posted to every fin- [ ancial member at least seven clear days I before the date on which the papers | had to be returned to the returning officer.

There were approximately 1650 members to whom ballot papers were forwarded, said His Honor, but only 760 voted. Among the 1650 there were approximately 200 who were admitted to membership without payment of any entrance fee, which was a breach of rules 4 and 16. The result of these breaches was that 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 McSweeney obtained 551 votes for tho office of president as against 209 recorded in favour of his opponent AlcLareu.

Not Duly Elected If the proper time had been given for the return of thie ballot papers the result of the election might have heen quite different, seeing that less than half of the members recorded their votes, and that of the 760 votes recorded 200 may have been those of persons who were not members. "It is admitted on the facts," said His Honor, "that the rules were not complied with, and therefore, I have no alternative but to declare on that ground that the defendant McSweeney was not duly elected president of the union, nor were the seven other defendants duly elected members of the executive." His Honor declared the offices vacant except those of vicepresident, trustees and treasurersecretarv, who were elected unopposed, and that the 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. The plaintiff was awarded costs of the action as on a claim for £IOO, with disbursements.