4st Issue
August, 1968

THE WESTERN CANADIAN LUMBER WORKER

FROM PAGE ONE

“COURT CASE"

headquarters in the Local
IWA office. The officers of
the Local Union have pledged
the support of our organiza-
tion solidly behind the IBEW
brothers.

Remember — if you have
bills to pay, pay by mail, the
city hall in Kelowna is pick-
eted so do not cross.

Also in all other areas
where picket lines are estab-
lished against the West Koot-
enay Power and Light, honor
the picket lines.

“Although Mr. Schumak-
er’s was better trade union
than legal advice, I do not be-
lieve that it could reasonably
be said that he was counsel-
ling the crew not to go to
work on May 4. What he
wrote must, I think, be judg-
ed not only by what he wrote,
ie. “. . . where picket lines
are established against the
West Kootenay Power and
Light” (emphasis added) but
also in the light of the mes-
sage he had personally passed
on to Mr. Cody, assistant
business manager of the
IBEW, that local 1-423 would
not honour picket lines set up
at sawmills whose employees
were represented by Local
1-423 and of Mr. Cody’s as-
surance that the IBEW would
not picket IWA sawmills. I
have no hesitation in exoner-
ating Mr. Schumaker from
personal liability and move
on to consider the position of
the defendant union.

For the plaintiff it is argued
that Yosh Aura, the plant
chairman, specifically told the
crew not to cross the picket
line and, on the authority of
Perini Pacific Ltd. v. IUOE
Local 115 et all (1961) 36
W.W.R. 49 at p. 64 et. seq. and
Lloyd V. Grace, Smith & Co.
(1912) A.C. 716, that he had
enough authority to attract
liability to the union. In my
opinion the argument is bet-
ter in law than it is in fact,
for in my judgment there is
no real evidence before that
Aura did counsel the crew not
to cross the picket line and
no evidence at all, even as-
suming that he did so, that he
did it in his capacity as a uni-
on official.

“Taking the whole of this
discovery evidence together
I believe that the only reason-
able inference to be drawn is
that Schumaker’s belief that
Aura told the men not to
cross the picket line was
based on surmise as to what
probably occurred rather
than on Aura’s statement as
to what actually occurred.
But even if Schumaker’s

evidence should be construed
as meaning that Aura told
him that he had advised the
crew not to cross the picket
line, I do not see how it can
be evidence of the truth of
the statement. For the plain-
tiff it is argued that the evi-
dence is proof of the truth of
the statement on the basis
that it came in by way of ad-
mission made by the presi-
dent of the union: I do not
agree, for it is clear from the
whole -of the evidence that
Schumaker had no personal
knowledge of what had gone
on. A party can under MLR.
371 by his pleading admit the
truth of a matter not within
his personal knowledge so as
to dispense with proof there-
of, as an accused person can
under Sec. 562 of the Crimi-
nal Code. But an admission,
so-called, in evidence cannot
be entitled to more weight
than is warranted by the
knowledge of the person mak-
ing the admission. It was not
argued that Aura’s position
in the union was.such that he
could bind the union by his
admission to Schumaker, and
I hold that Schumaker’s ad-
mission that Aura told him
that he had advised the crew
not to cross the picket line is
evidence of what Aura said
to Schumaker but not of the
truth of what he said.
“Counsel for the plaintiff
argues that the question
(124) put to Schumaker on
discovery gave notice to the
denfendants that the plaintiff
proposed to rely on Aura‘s
statement to Schumaker to
prove the truth thereof and
that I should follow the ex-
ample of Wilson, J., now
C.J.S.C., in Barnes v. Union
Steamships Limited (1954)
13 W.W.R. 72 at p. 75 and
draw an inference unfavor-
able to the union by reason
of its failure to call Aura as
a witness. I accept the propo-
sition put by the Chief Jus-
tice and, with respect, agree
that the case before him was
one where it was properly
applied. That case and this
one, however, are so differ-
ent as to be not merely dis-
tinguishable but incompar-
able. In this case there is no
evidence of a matter of which
the burden of proof lies on
the plaintiff so no inference
can properly be drawn from
the defendants’ failure to
lead evidence: a defendant’s
obligation to meet a plain-
tiff’s case does not arise until
the plaintiff has made out a
case to meet. The action will
accordingly be dismissed.

BIG HOUSING PLAN

The provincial government has authorized the Quebec

Housing Corporation to conclude agreem

ents which would

| — more than $139,000,000 for the construction of
-cost

housing in Quebec.

The agreements will be made with the Central Mort-
and Housing Corporation comprising three loans

the federal

ization, one for student accom-

in Quebec; one for municipal housing projects

various cities including

Montreal; and one for special

— as homes for the aged and for retarded}

so

CREW OF THE PAS LUMBER, Anzac Sawmill Division, following a recent safety rally
which was addressed by Fred Ibis, Local 1-424 Safety Director, and Don McEachnie,

WCB Inspector.

LIGHT
SOCKETS
SAVE MONEY

Two revolutionary, cost-
saving products that will ex-
tend the life of a regular light
bulb by at least 30 times are
being launched in the Cana-
dian consumer market.

The products, approved by
the Canadian Standards As-
sociation, have been developed
and manufactured by the
Anaheim-based CalComp
Consumer Products, Inc., of
California.

The products — both sock-
ets — have been developed on
CalComp’s exclusive ‘Cool
Filament’ principle and result
in reduced electricity costs
and longer life for a regular
bulb. Both fixtures are easily
attachable to permanent lights
and portable lamps.

The Ex-Ten

The Ex-TEN has three key
features and works on the
principle of reducing wattage
by approximately 50% to al-
low for the normal life span
of a bulb to be extended at
least 30 times. Electricity
costs are also reduced by
about 50%. —

The EX-TEN screws into
any light socket. As a result
of wattage being reduced by
about 50%, the filament in a
bulb burns at a much cooler
temperature.

It is recommended for use
in continuous burning safety
lights or for hard-to-reach
locations such as garages, hall-
ways, stairways, patios, clos-
ets and pantries.

The EX-TEN at work — a
50-watt bulb is required to
illuminate a specified area.
The bulb has a life span of
determined length.

The Brite n’ Dim

The chief feature of the
BRITE n’ DIM Diode Bulb
Dimmer is that it eliminates
the use of a 3-way bulb while
turning an ordinary bulb into
a 2-way bulb.

Results—costs are reduced
through the elimination of
expensive 3-way bulbs and
because less electricity is re-
quired with the BRITE n’
DIM socket in use as the re-
gular bulb will last at least 30
times more than it normal life
span when the bulb is on the
dim position.

Bittle, Ray Wall, F.
Hart, Stan Hagen.

Anzac. Group left, Vern

Ibis, Local Safety Director, Bryan

ON THE LIGHTER SIDE

Two men were sitting at a
bar. é

“Tom,” asked one, “after
you drink a lot, does your
tongue burn?”

“I don’t know, Jim,” an-
swered the other. “I’ve never
been drunk enough to light
it.

* * *

The young couple had had
their first quarrel, and for
several hours neither would
speak to the other. Finally,

the husband decided to give
in.

“Please speak to me, dear,” .
he said. “I'll admit I was
wrong and you were right.”

“It won’t do any good,”
sobbed the bride, “I’ve chang-
ed my mind.”

Rt ok

A bashful bride whispered
to her husband as they enter-
ed the hotel: “Jack, dear, let’s
try to make people think
we’ve been married a long
time.” “All right, honey, but
do you think vou can carry
both suitcases?”

AUGUST SPECIALS
te PIONEER

CHAIN

SAWS

750 & 1150

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ACT NOW

WESTERN PIONEER CHAIN SAW SALES
328 Carrall Street

Vancouver 3, B.C.

684-1822