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Haulier Refused Injunction Against Union Stewards

20th February 1953
Page 35
Page 35, 20th February 1953 — Haulier Refused Injunction Against Union Stewards
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Keywords : Group Theory, Group Action, G

THE motion by J. O'Connor (Haulage) Ltd. (reported in The Commercial Motor last week) for injunctions against four shop stewards of the Transport and General Workers' Union—Messrs. James Clarke, William Groves, Sonny Reid and Joseph Hellery —was dismissed by Mr. Justice Upjohn in the Chancery Division. The plaintiff sought to restrain them from interfering with the Railway Executive by persuading or inducing the railwaymen not to unload, at King's Cross or any other station, fish consigned to the company, or for transport by O'Connor from the stations to Billingsgate. Until January 3, Mr. O'Connor was manager of the fish department of the Monument Group of British Road Services, but in December, 1952, he became interested in the plaintiff company. Mr. J. Lindner contended that any interference, without just cause, with plaintiff's right as a member of the public to have its goods carried by the railway's as common carriers was actionable.

Protecting B.R.S.

Mr. Robert Lazarus, for the defendants, said it was intheir interest that as much as possible of the fish traffic should be retained by B.R.S., their employer. Mr. Groves said that he had nothing to do with the matters complained of. Mr. Lindner said that it was a practice, recognized for 30 years, that the unloading of fish at King's Cross required the permission of the National Union of Railwaymen's representative. now Mr. Watson. The plaintiff applied for permission and arranged for consignments of fish from Aberdeen, but m r. O'Connor was then told that the fish gangs at King's Cross would not handle the fish before 6 a.m., which was too late for the market. Mr. Justice Upjohn said the practice was startling, but he could not go behind it on that motion. As to the alleged incitement to commit a breach of duty. it was said that three of the defendants—there seemed to be no evidence about Mr. Groves—addressed a meeting with a view to persuading fish gangs to vote in a particular way, and Mr. Watson withheld his permission to the plaintiff. He could see nothing unlawful in that. Plaintiff would have liberty to add parties to the proceedings. The practice might be tested in another court, but while it prevailed, he could not see where there had been any breach of duty. The practice had been jealously guarded and at present only three or four carters were permitted to engage in the trade. It was plain that plaintiff did not establish a right to have railway employees unload fish on to the company's lorries.

EQUIPMENT DISPLAYS

A SERIES of service-equipment dis plays is to be held by Brown Brothers, Ltd., at its provincial branches, as follows:—Preston, March 2-7; Leeds, March 16-21; Newcastle, March 23-28; Liverpool, April 13-18; Birmingham, April 27-May 1 The latest products will be shown and technical representatives will attend to give advice. Similar shows will be held at other branches.

NO H.P. CONCESSION

ASKED whether the President of the Board of Trade would make a statement on the control of hire purchase of cars, particularly for professional or commercial purposes, such as taxicabs, Mr. H. Strauss said in the House of Commons last week that the President was not contemplating any change in the restrictions.

RATES TO SUBSIDIZE BUSES?

A PROPOSAL that Sheffield Trans port Department be subsidized by the town rates for the first time has been made by the finance committee. A suggested increase of 3s. 6d. in the rates has been put forward, of which over 10d. is attributable to the department's loss of £131,694.