Case against T&GWU dropped Sir John in conciliatory mood

NATIONAL Industrial Relations Court President son hinted at an important new interpretation union law yesterday in an undisguised bid to wi trade union leaders.

In dismissing an application for a contempt order against the Transport and General Workers' Union by Howitt Bros of Liverpool, Donaldson said the extent of union liability for the actions of their members raised difficult points of law.

An interim order was made on October 17 restraining dockers from blacking Howitt's transport in retaliation for the company's alleged victimization of a driver who claimed he had been sacked for refusing to cross dockers' picket lines during the recent national strike.

Despite the order the blacking was not called off until November 8 after top-level union intervention and the threat of contempt proceedings.

Earlier Mr. A. Blyghton, the T&GWU's national legal secretary, had told the court that the union, including general secretary Jack Jones, had 'done their level best' to see that the court's order was obeyed.

Mr. Blyghton claimed that if there was disobedience of the order it was by rank-and-file members of the union over whom they had been able to exercise only limited control.

Dismissing the case Donaldson said: "This raises difficult points of law. It raises the point of just how far the union is responsible for its members down to and including the grass roots.

He said the union had conducted its case with 'great skill and at the risk of being offensive he would like to thank them for their co-operation. The union, he said, had behaved throughout with complete propriety vis a vis top management and the court'.

In future, he said, to avoid unjustly penalizing unions who had done everything possible to end a breach of the law, it might e necessary to suspend interim orders for a declared period to ive them time to reach a solution and to prevent contempt applications against them being made in the meantime.

Replying to Blyghton's plea that the union had in fact done everything possible to get the blacking lifted Donaldson said the court did not expect anyone affected by its orders to achieve the impossible.

That Donaldson was telling the unions he understood their difficulties and was prepared to help them if they co-operated with the court was made clear in his closing remarks.

•This case illustrates that it is in the interests of all parties and of justice generally that all parties should attend the court in order that we can reach a de. cision appropriate to the circumstances as they exist.' As added proof of good taith, Donaldson refused award costs against the union and, after the company had been warned it would have to prove union officials down shop steward level were invol ed in the blacking, they waive them. FROM IAN YEATS THE VESTEY empire will go back to the National Industrial Relations Court in a week's time if lorries are not allowed in and out of the Midland Cold Storage depot in Hackney.

A two-hour meeting of management decided yesterday to postpone a decision to seek immediate injunctions against the Transport and General Workers' Union to call off the five-month picketing and blacking.

A company spokesman said the decision to delay this process for a week was due to 'strong rumours' that lorry drivers were now prepared to get lorries through.

But if the picketing remains effective, 'we will go back to the court', he said.

Previous court action taken by the Vestey group resulted in the jailing of five London dockers. UNION leaders will co-operate with Courtauld's management to try and keep open the company's Skelmersdale, Lancashire, plant which is threatened with total closure.

Courtaulds announced the closure of the mill this The £7m plant employs 1,000 men and was built in with £2m-f3m government aid. The company says the has been making heavy losses.

Union officials and shop stewards yesterday travelled to London for a three-hour meeting with Courtauld's chairman Lord Kearton.

'Co-operation is what we're British Domestic Appliances, GEC Medical and Radio and TV.

Sir John DonaldAll 300 men had been on strike since August 9 if the Tory antiin support of a demand the goodwill of for a £4-a-week allAround increase.

INVOLVING:

-ETU 1968 plant Greater London Rally SHOP factory 'serious