scattered through the provincial district. The same attitude was taken up by the Court in regard to disputes in other districts. When the Auckland Carters’ Union brought its case before the Court, the employers strongly objected to the demand for preference. The Court came to the conclusion that “in the special circumstances of this particular occupation, preference to unionists is impracticable where the general body of the employers is in opposition to the claim. We think that, where so many different businesses are involved, as is the case in this dispute, to restrict the freedom of employers against their will would be to unduly embarrass them in the conduct of their respective callings.”
Wherever preference is granted, the Court makes stringent provisions that the union’s doors must be open to practically all engaged in the trade who wish to join. There is absolutely no fear of a union establishing a monopoly in labour on account of its having been given the preference clause. Always, in dealing with this point, the Court asks for a copy of the union’s rules, and examines them, to see if they contain anything that will lead to an unduly restricted membership. If there is any restrictive rule, preference is granted on condition that an amendment is made, and until the union complies with that condition, “employers may employ any person, whether a member of the union or not, but no employer shall discriminate against members of the union, or do anything to injure the union, directly or indirectly.”
A preference clause inserted in a dispute in connection with the Thames gold mines in 1901 was specially framed so as to prevent any hardship to non-unionists. It was provided that all that a non-unionist desiring employment had to do was to apply to be admitted as a member of the union, and, upon payment of an initiation fee not exceeding 5s. and weekly subscriptions not exceeding 6d., the union must admit him. If it refused to do so, the employer was entitled to employ him. The general principle adopted by Mr. Justice Cooper is that where the members of the union form a large majority of the workers in the trade affected, unionists are entitled to preference.
