COURT OF APPEAL

Wanganui Chronicle, Volume 77, Issue 158, 6 July 1934, Page 6

COURT OF APPEAL

. WATERSIDE UNION CASE EXCLUSION FROM MEMBERSHIP [ Per Press Association. 1 WELLINGTON, July 5. The Court of Appeal commenced the hearing of the appeal of the Wellington Watersiders’ Industrial Union of Workers against the decision of Mr. Justice Reed, given in Wellington on May 23, in the action brought by William Henry Hargreaves, of Welling coir, waterside worker. In opening the case for the appellant union Mr. Greason stated that there were two questions for decision by the Court: (1) Whether it was intra vires the power of a union registered under the Industrial Conciliation and Arbitration Act, 1925, to have a membership rule providing that admisison to the union should be die subject of the consent of the executive of the union, and (2) whether, if respondent was wrongly excluded from membership, damages could be recovered against the union when no award was in existence and preference to unionists did not therefore in law exist, although there was in fact preference to unionists. The Act provided that the rules of the union should provide for, inter alia, a register of members and the mode in which and the terms on which persons should become or cease to be members.

Counsel submitted that the provision requiring the approval of the executive was a condition precedent to admission and therefore a term as required by the Act. The trial Judge was misled in his decision through considering that the rule under the Act was analogous to a by-law. By-laws had to be notified to the public and must be certain and reasonable, but the rules of an industrial union might be regarded as unreasonable as the union desired, provided they did not go outside of the scope of the Act and were approved by the Registrar. Counsel admitted that any Court would be reluctant at the present time to give a decision which would result in preventing men from getting work, but the correct remedy was not to increase the membership of the existing union, but to make application for the formation of another union. Decision was reversed.