a
}

Lon = Pe S
NEW. FREE
“NATIONS
on ASIA'S

LL

irs

’ Germans used against Viet Nam

New nations are struggling to be born in Asia, where the
People’s Republic of China now stands as a symbol and an in-

Spiration.

In Indonesia, according to the London Timnes, a

number of units of the Republican army have joined the people’s
resistance, which has grown since the Hatta government con-

cluded its agreement with the Dutch imperialists, and partisan .

warfare against the Dutch is being renewed. In the French zone
of Germany, French occupation authorities have enlisted 7,000
unemployed Germans for military service in Indo-China, where
an estimated 50,000 Germans are already being used against the

Viet Nam republic.

i coskie Nita iiiata:

charge upheld by
 Noronic findings

, —TORONTO

Millions of dollars in civil suits against Canada Steamship Lines,
owners of the ill-fated Norcnic, will probably follow release of a 99-
page probe report on the disastrous ship fire September 17 which
took 118 lives as the luxury vessel lay at a Toronto dock.

The owners and the master of
the cruise ship were blasted for
negligence in the transport de-
partment inquiry report,

tightened safety regulations for
Such vessels as the Noronic con-
stituted, in effect, sharp criticism
of government regulations and an
indirect slap at Transport Min-
ister Lionel Chevrier.

Suspension for one year of
Captain W. Taylor, Noronic skip-
per, is regarded as an attempt to
shield those really guilty, Cana-
da Steamship Lines and the Min-
istry of Transport. Taylor was
to have retired this year, and his
suspension, has therefore, little
meaning.

Questions first raised by the
Pacific Tribune at the :time of
the disaster proved to be of key
importance during the probe. Evi-
dence showed that the fire patrol
on the ship was inadequate; that
the SIU seamen were not trained
in .fire-fighting; that there was
no plan to debark passengers in
event of an emergency.

Said the report:

“The fire found officers and
crew without any organization de-
signed to deal with such a situa-
‘tion . . . accordingly the fire
found the ship totally unprepar-
ed.

“Such efforts as were made to
fight the fire were scattered and

while _
recommendations for a series of ~

ineffective, and the heavy loss of
life shows clearly the failure of
the crews to rouse those sleeping
Passengers who were unable to
escape from the burning ship.”

Ameng the recommendations
contained in the report (which
the government has announced
will be “carefully considered” by
the transport department) are
these:
® That provisions as to fire-
resisting bulkheads be made
applicable to such ships. (The
Noremic had none.)

@® Mainterance of an efficient
and continuous fire patrol sys-—
tem as well as an automatic fire
alarm or fire detecting system
be made applicable. (The Nor-
onic lacked all of these things.)
® That muster lists and as-
signmemts of special duties to
crew members apply. (There
weré no such preparations a-
board the Noronic.)

@® That such ships be fitted
with a sprinkler system protect-
ing all enclosed parts of the
vessel. (The Noronic had none.)
@® That such ships be fitted

_ with a public address system for —
directing passengers in an em-

ergency. (There was none on
the Noronic.)

@® That ships at dock should
provide adequate and more than
a single means of exit to shore.
(The Noronic’s extra gangplank
was not down.)

gon &
,

Jailing of Boilermakers’ leaders sought

Union principles
at issue in case

Application of Myron Kuzych to send Boilermakers’
jail for alleged contempt of court,
a.m. in Vancouver Court Housce.

William Stewart to
this Saturday at 10
been aroused. Here

is the

Union officials William L. White and
will be heard before Mr. Justice Whittaker
Widespread public interest in the case has
story of the dispute since its inception. :

After regular elections of the Boilermakers’ Union in December, 1942, a number of defeated
candidates for office prevailed upon the Canadian Congress of Labor to suspend the union from that body.

Union members protested
pending clarification of the issue.
Kuzych spoke at the protest meet-
ing, and again at a regular meet-
ing in February, 1943, where he
protested the financial statement
submitted by the shop stewards.

Later it was discovered that
Kuzych was not a member of
the union, during a showing of
cards at yard gates in March,
1943. North Van Ship Repairs,
his place of employment, was op-
erating - under a closed shop
agreement, and Kuzych was ask-
ed to join the union.

Kuzych on his own admission
approached the personnel man-
ager with the request that he be
allowed to remain in the yard
and also remain outside ‘tthe
union. He was informed of the
closed shop agreement. Faced
with this, Kuzych signed his ap-
plication form and joined the
union.

The Boilermakers and seven
ether unions were endeavoring
at this time to sign closed shop
agreements with West Coast Ship-
yards. The matter finally went
to a conciliation board. The
company and the unions concern-
ed presented their evidence, and
the board went into private sit-
tings to prepare its report.

A week later the unions receiv-
ed a letter from the board chair-
man, stating that on the basis
of a letter receiver from an in-
terested party, the board must
convene to hear new evidence.
Kuzych appeared as the “interest-
ed party” in question and oppos-
ed the policy of the union.

Under cross examination Ku-
zych stated that he was unalter-
ably opposed to the principles
of the closed shop, stated that
he was forced to join the union
and would not remain in it five

~ minutes longer than was neces-
sary.

A few weeks later, charges
were levelled against Kuzych for
conduct unbecoming a member
and after a trial befor the trial
committee of the union, he was
expelled,

Kuzych immediately took legal
action without appealing to the
Shipyard General Workers’ Fed-
eration aS was. his right. At
the trial the union admitted that
there was an irregularity in that
‘Kuzych did not receive the notice
to appear before the committee
on seven days’ notice. The letter
_he did réceive only gave six days’

notice. The judge gave a finding ©

against the union and Kuzych was
‘reinstated. Later he made a
number of radio broadcasts reit-
erating his opposition to the clos-.
ed shop principle.

Kuzych was again charged and
pending the hearing of his
charges was suspended from at-
tendance at union meetings.
Prior to the hearing he made two
attempts to attend union meet-
ings, was ‘ejected the first time
put turned up again, accompanied
by . newspaper reporters and
photographers. A scene was

created at the entrance to the.

meeting, and Kuzych was again

ejected, :
He sued four of the union

this high-handed action;

WILLIAM STEWART

WILLIAM WHITE

members for damages and two
of the members were found
guilty of assualt and two ac-
quitted. The judge remarked
that Kuzych- had no business:
being at the meeting and ap-
parently had gone there to create
a@ scene, :

A member of the 18-man trial
committee left the industry, ne-
cessitating election of a new trial
committee in January, 1945. This
committee subsequently met to
hear the charges against Kuzych.
After the trial the committee
submitted its verdict to the union
meeting which voted to expel
Kuzych. i

Kuzych again took legal action
without recourse to an appeal as
provided for in the by-laws of
the union,
Justice McFarlane. A four-day
trial ensued and some weeks
later a decision was handed down.
The decision of Mr. Justice Mc-
Farlane was that Kuzych was

‘legally expelled and that the union

members had carried through the
provisions of the constitution and
bylaws of the union,

Kuzych appealed the case to
the Appeal Court and after some
months the Appeal Court met
and additional evidence not given
at the trial was placed before the
court. The Appeal Court ruled
that in view of the fact that
additional evidence was _ before
them, which had not been placed

The case came before |

shop stewards took over the affairs of the union

before the trial judge, the cas?
should go back for re-trial.

The re-trial took place in Jan~
uary or February, 1949, before Mr. _
Justice Whittaker. After seve?
days of trial Mr. Justice Whit
taker reserved his decision and
it was not until October 6, 1949
that his judgment was entered.

Mr, Justice Whittaker held
that Kuzych was illegally ex
pelled and ordered him reiPr
stated in the Boilermakers and
Iron Shipbuilders Union of Can-
ada, Local No. 1, and assessed
damages against the union of
$5,000, plus legal costs.

Mr. Justice Whittaker, in his
reason for judgment, stated:
“This case points very clearly t?

the question—Ought a trade union —

which has a closed shop agree —
ment with an employer under
any circumstances (other than
for non-payment of dues) have
the right to expel a member?
Even where there is no closed
shop agreement expulsion, in the
words of Younger, L. J., in the
Braithwaite case supra, means
‘little less than a sentence of
industrial death’.” a:

Kuzych went to the office of
the Marine Workers and Boiler-
makers’ Industrial Union, Local —
No, 1, and tried to gain admit-
tance. It was pointed out to him
that his action was against the
Boilermakers and Iron Ship-
builders Union of Canada, Local
No. 1, and that said organization
had gone out of existence in the
latter part of 1945, ;

‘(in early 1945, with curtail
ment of shipbuilding and the
need for more efficient adminis- —
tration of their unions, the Boil-
ermakers and Iron Shipbuilders
Union of Canada, Local No. 1,
voted to merge their identity with
the Dock and Shipyard Workers
Union, Local No.2, and the Ship-
wrights, Joiners and Caulkers In-
dustrial Union, Local No. 1; out
of which was formed the Mariné
Workers and Boilermakers In-
dustrial Union, Local No. 1.)
‘At the next meeting of the (
Marine Workers and Boilermak- |
ers Industrial Union, Kuzych ap-
peared, asked for a union card,
and endeavored to attend the
meeting. He was informed that
there was no card in this union
for him, and he left.

On November 10, W. L. White
and W. A. Stewart, president and
secretary-treasurer respectively of
the Marine Workers and Boiler-
makers Industrial Union, Local

‘o. 1, were served a writ stating
that a notice of motion was be-
ing made in the Supreme Court
Chambers on November 16, re-
questing their committal to Oak-
alla Jail on a contempt charge,
in that they had failed to issue

‘a card in the union to Kuzych.

‘In the Supreme Court cham-
bers, Mr. Justice McFarlane, who
was the sitting Justice in cham-
bers that day, referred the mat-
ter back to Mr. Justice Whittak-
er. Mr, Justice Whittaker was
taking the-assizes in New ’West-
minster, but came to Vancouver
to hear the notice of motion.

PACIFIC TRIBUNE — NOVEMBER 25, 1949 — PAGE 12

x

i