The Gazette 1973

UNREPORTED IRISH CASES Court rules against picket by musicians

Mr. Hamilton submitted that there was coercion on the plaintiffs to secure the dismissal of employees who were not members of the union. [Addeson Lodge v. Brady—Kenny J.—unreported— 5 May 1973.] Suspension of art student is lifted. The suspension imposed on a student of the National College of Art has been lifted, and the action brought in the High Court arising out of the suspension has been settled. The terms of settlement were announced to Mr. Justice Pringle in the High Court late yesterday. They include a provision for the setting up of a board, pre- sided over by a member of the Bar, to investigate specific complaints involving certain of the students. On Friday last the student, Patrick D. Murphy, of Chelmsford Road, Ranelagh, Dublin, was granted liberty to serve short notice of motion for an inter- locutory injunction restraining the college board from conducting any assessment or evaluation of the work of the students in the School of Painting until the validity of his purported suspension or expulsion from the col- lege had been determined by the court. When the case was called yesterday, the parties asked for time to continue their negotiations and later, when the court sat, Mr. Justice Pringle was told that the matter had been settled on the terms set out in a docu- ment which had been prepared. In this document it was stated that Mr. Murphy agreed to accept the conditions of assessment laid down in the School of Painting. The defendants agreed to arrange for an assessment of Mr. Murphy's work as a third year student in the School of Painting to be held in the week beginning Monday, June 18 next, the assessors to be Professor John F. Kelly and two external assessors to be appointed by the college. This assess- ment is to be based on the third year programme given to Mr. Murphy in October, 1972, and is to be based exclusively on the standard of Mr. Murphy's work. The document stated that the parties accepted that there had been a misunderstanding on the part of Mr. Murphy during the academic year as to the programme which third year students were to pursue. For that reason, the defendants, while reserving their right to insist on Mr. Murphy presenting his work for assess- ment in accordance with a document presented to him in March, 1973, would not insist on Mr. Murphy complying with the specific requirements as to quota of that document, provided that his work reached a standard appropriatet o that of a student who had completed his third year in the School of Painting. The agreement also provided that the defendants should notify the Minister for Education that Mr. Murphy was restored as a student of good standing in the college, and request that his scholarship be restored to him and that he be refunded all monies which would have accrued due to him in the normal course during the period of his suspension. The consent was entered into without admission of liability. Mr. Donal Barrington, S.C., who with Senator Mary 161

Mr Justice Kenny in the High Court yesterday ruled that a number of people were not entitled to picket the Addison Lodge licensed premises and guest house, at Botanic Road, Glasnevin, Dublin. He granted a permanent injunction to the owners of the premises, Addison Lodge Ltd., restraining picketing by John Brady, Tony Bannon, Victor Prouse and Peter Pringle. When the case was last in Court on May 1, Mr. Justice Kenny would not grant an injunction against John Flahive, district secretary, Irish Federation of Musicians, because he had not taken part in the picket- ing of the premises. On that occasion there was the affidavit of James J. Freyne, a director of the plaintiff company, who re- ferred to the hiring by the company of musicians for their cabaret and entertainment each night of the week. He received a letter from Mr. Flahive demanding that on each occasion the company required the services of musicians it should only hire members of the union. Subsequently the premises were picketed. The picket, he claimed, was aimed at compelling him to force his employees, who were not members of the union, to join the union for only in that way could the company retain the employees in its employment and comply with the defendants' demands. Mr. Justice Kenny granted an interim injunction and yesterday the company applied for and was granted an interlocutory injunction. The hearing of the motion was treated as the hearing of the action. In an affidavit to the court, Mr. Flahive stated that the union was trying to ensure that the members would not be employed along with non-union members. The difficulties that had arisen concerned a number of issues; that employment by the company of the union members, including the defendants, at the premises under conditions which often compelled them to work with non-union members contrary to the rules of the union; he had received numerous complaints from members of the union working at the premises about this. The members would then have to decide whether to perform, in breach of the rules, or not to perform. The union members on such occasions preferred not to em- barrass the plaintiff and the guests. Mr. Liam Hamilton, S.C., for the plaintiffs, sub- mitted that the defendants were attempting to force the plaintiffs to employ only trade-union labour, which would have the effect of preventing the plaintiffs from adding non-union labour. The plaintiffs were willing at all times to employ union labour but they did not want this to be imposed on them. There was no trade dispute, and the plaintiffs were entitled to an order restraining picketing. Mr. Patrick J. Bourke, S.C., who appeared for the defendants, said that the union gave notice of their intention to put on a picket. There were no threats used, no illegal activities alleged against the defendants and no request that non-union musicians should join the union, but that the plaintiffs should readjust their system to only employ union members. He submitted that this was a trade dispute.