Appeal Kuzych ruling: would open ranks of unions to labor spies Ruling of the Court of Appeal in British Columbia in the “Kuzych case” opens the door for employers to send a stream of spies and strikebreakers into labor’s ranks, re- gardless of the opposition of trade union members. In appealing this ruling to the Privy Council, the Boilermakers are fighting on behalf of every legitimate union in Canada. AND PICK UP RENEWALS You can help to get those new PT readers In the fight for peace, for jobs, for civil rights the The peace forces of British Columbia.can’t do a job to prevent war without our paper, without its leadership, without the regular exchange of information and experiences its columns make ! Pacific Tribune has an important part to ploy. possible. The fight for peace is a difficult One but nonetheless a fight that must be won. Victory requires an even more effective week by week exposure of the lies, slander and “war is inevitable” poison the war- makers spew at us through their Sutter sheets and radio stations. Take. a look at the outright lies and misrepresentations in: the three Vancouver dailies, the Sun, Prov- ince and News Herald in connec- tion with the Dean of Canterbury’s visit, the Peace Conference and the | Peace Arch Rally. There could hardly be found a more convincing argument for the need to increase circulation of the Pacific Tribune. Clubs, individual readers and sup- porters throughout the province all have a job to do in picking up re- newals and getting new subs. Here’s a list of clubs, with a record of the number of subs obtained in 1949, and during the first five months of 1950. . 1949 5 MONTHS, CLUB SUBS 1950 Port Alberni 102 22 Britannia 25 10 Campbell River 29 lt y 39 2 Cumberland 58 8 Fernie 10 4 Kamloops 21 12 Kelowna 16 7 Kimberley 6 5 Ladysmith 45 8 Lake Cowichan 35 7 Langley 13 8 Michel-Natal 55 14 Mission 33 8 Nanaimo 1381 21 New Westminster wi 49 River ti 10 Princeton. 8 M3 Prince Rupert 16 6 d 14 9 Salmon Arm 21 9 Sointula 65 hi Trail 6b 9 Vernon 60 19 Victoria 112 52 Websters Corners 25 14 Youbou “ 8 3 Clause in Rail ballot endangers struggle Official strike ballot being circulated among the 35,000 Members of the Canadian Brotherhood of Railway Employees contains a sell-out clause designed to scuttle the railroaders Wages and hours fight. Weasel wording of the clause an- ticipates the expected big majority vote for strike action and provides the CBRE leadership with an “ex- Cuse” to ignore the demand for a Walkout and make a sell-out set- tlement with the companies. On the surface the strike ballot appears to be in order; but under the box which contains the ballot Sa section which provides that € membership is voting for or against a “peaceful withdrawal from service unless the above ques- ions (the issues in dispute) are Satisfactorily disposed of by nego- ations or other means, and here- et authorizes the Brotherhoods’ fficers and Joint Negotiating Com- Mittee to act at their discretion in this matter, I further authorize and request the said officers and Committee = Continue negotiations in an effort © settle the dispute with respect ’ ’ to the matters referred to herein and to sign any agreement which in their opinion would be satisfac- tory to the majority of employees concerned.” Rank-and-filers who have receiv- ed their ballots are pointing out that they are voting for strike— and are prepared to take that action. to win the 40-hour week without loss of take-home pay, plus a 10- cents-an-hour’ wage boost. There is no question of any agreement which does not contain these gains being considered “satisfactory” by the vast. majority of the CBRE members Rank-and-filers feel that there is a. danger that many of the membership may not read the small print at the bottom of the ballot and will vote for strike not knowing that the leadership is prepared to betray their struggle. Before launching the expensive appeal, Bill Sewart, secretary of the Marine Workers and Boiler- makers, asked the legal firm of Farris, Stultz, Bull ‘and Farris for a written opinion as to the advis- ability of such action. “I believe an appea! will be suc- cessful,” replied John L. Farris. It should be undertaken he added, because the Court of Appeal deci- sion challenges the right of unions to expel members even for cause, and extends the bounds of judicial interference with the internal af- fairs of trade unions. “I consider these judgements are unsound.” Farris wrote Stew- art. “Unfortunately, however, while they stand they are author itative law for this province and may well be followed throughout Canada. It is therefore of im- portance that they should be set aside.” Myron Kuzych was expelled from the Boilermakers and Iron Ship- builders Union, local No, 1, in 1944, for holding an unauthorized public meeting to discuss internal union business, campaigning against the closed shop, and broadcasting slan- derous statements against a mem- ber of the union. Kuzych, according to the union’s constitution, had the right to ap- peal to the Shipyard Workers Feder- ation. The bylaws required that he must follow such procedure before taking civil action. But he failed to do so. The action was first tried by the Hon. Mr, Justice Macfarlane and was dismissed. Kuzych appealed this decision to the Court of Appeal, which ordered a new trial. At this trial Mr. Jus- tice Whittaker awarded Kuzych $5,000 damages and ordered Kuzych readmitted into the union. During the course of litigation the Boilermakers had surrendered its charter and had amalgamated with two other unions to form the Marine Workers and Boilermakers Union. When. Kuzych applied for a card in this new union, he was turned down. Contempt of court proceedings were launched against Bill White and Bill Stewart, president and secretary respectively of the Marine Workers. Mir. .Justice Whittaker held that both officers were guilty of contempt in refusing to issue Kuzych a membership card, and or- dered them committed to jail. An appeal was taken from both the decision in the main action and in the committal proceedings. In the committal case, the appeal was allowed. This appeal was heard by Chief Justice Sloan and MP. Jus- ‘tices Smith and Bird. The majority of the Court (the Chief Justice and Mr, Justice Bird) held that the decision in the main action did not require the new union to take the plaintiff into membership. Mr. Justice Smith dissented. The appeal in the main action was heard by the full Court of Appeal and the majority of the court (Mr. Justices O’Halloran, Robertson and Smith) dismissed the appeal. The Chief Justice and Mr. Justice Bird dissented. It is from the decision of the majority of the court that an appeal to the Privy Council is being taken. ‘ EDITORIAL Lesson in labor unity N Wednesday last week the workers at Youbou mill on the Island experienced something of the gripping drama of labor unity. Members of IWA Local 1-80, which constitutes the major- ity of workers in the mill, called an early morming meeting while going on shift. A spokesman for the TWA said the meeting was called to discuss ways and means of forcing a dozen or so. WIU members in the mill to rejoin the TWA. When the IWA worker had his say a WIU worker took the platform, outlined the buming importance of unity in the present situation where the B.C. lumberworkers may have to “hit the bricks” June 15 to win a decent wage contract for 1950 and to protect their 40-hour week, and declared that: the WIU men were quite willing to return to the [WA on two prime conditions. First, that WIU membership books be accepted as transfers by the 1WA, and second, that WIU members so transferring affiliation, be given im- mediate full membership rights. The Youbou mill crew agreed that the WIU proposals were eminently fair, and voted unanimously on the spot to accept the WIU members back on those terms. Then the boys went to work, feeling that the day had an auspicious start, and giving a decided “new look” to the June 15 deadline. Later, it is reported, a wind storm blew up. Joe Morris, president of IWA Local 1-80, blew into Youbou post haste on the Thursday morning, bawled hell out of the Youbou IWA executive for agreeing to such terms in respect to their WIU brothers, and flatly declared the local would reject such unity agreements! The Youbou incident clarifies much. Obviously the action of the TWA mill crew at Youbou in accepting their WIU brothers back into the [WA on the terms agreed upon, was motivated by a conscious and sincere appreciation of the need-of rank-and-file unity to win the battle of June 15. Obviously too, the action of president Morris (if correctly re- ported) fits into the general pattern followed by top TWA leader- ship, no effective preparations for the June 15 “‘no contract, no work” deadline; no unity: of any kind with WIU members on the job; no effective steps to mobilize other non-[WA lumberworkers who constitute over one third of the workers in the industry; no widespread appeal to all lumberworkers to defend the 40-hour week. This is a state of affairs scarcely conducive to scoring a victory on June 15! The Youbou incident points up how labor unity on the job and on the eve of a possible decisive struggle—can be built up by rank-and-file lumberworkers. It also illustrates how labor unity can be dissipated and disrupted by those who presume to leadership, but who seem to fear the unity of the workers they lead more than they fear the schemes and manipulations of the operators. Youbou has a fundamental lesson for lumberworkers and athe: in the fight for higher wages, the 40-hour week and union security. Clippers lose to Acme in. nip-tuck 8-7 game Pacific Tribune Clippers lost to Acme Machinery, 8-7, in a hard- fought Junior A baseball league game last week. Down 8 to 1 at the end of the fourth inning, the PT sluggers went to work and scor- ed four runs-in thé fifth, one in the sixth and filled the bases in the seventh, scoring one run but failing to overcome Acme’s early lead. : b el ig Acme --3 0 0 5 Two-base hits—Hilworth, Dutke- vitch, Smith. Hits off Sheard,1; off Smith, 4; off Venable,9. Sacri- fice hits, Millard, 2. Stolen bases— Clippers,4. Left on base—Clppers, 10; Acme, 6. Bases on balls—by Sheard,1; by Smith,2; by Venable, 7. First base on error—Clippers, 2; Acme, 6. Hit by pitcher—Ven- able. Strike outs—by Sheard, 1; by Smith, 11; by Venable,6 Wild pitch—by Smith,2. Passed ball— Pye, 1. : " T— HE TRIED TOSELL YOU AR SWT THAT DION T FIT? 7RY THE.HUB, “7¥ BOY, ANO GET YOURS WITH EASY CREDIF(* PACIFIC SUITS $49.50 up NL “10 45 East Hastings 9, 1950—PAGE 7