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further connection with the union. Mr. McAuliffe
has informed the Society that he signed a form
which was presented to him by Mr. O'Maoileoin
for the purpose of registering the union on in
formation
that
two members of
the Council,
Messrs. Ralph J. Walker and John Maher and
the Secretary of the Society, Mr. Eric A. Plunkett
and Mr. Joseph Finnegan, Assistant Secretary
were aware of the formation of the union. Mr.
Kelly states that he signed an application on the
understanding that the union had been approved
by the Secretary of the Society. Messrs. Walker
and Maher state that they were never consulted
and never expressed any views on the proposal.
In the course of conversations during professional
business
transactions
the matter was casually
mentioned by Mr. O'Maoileoin but they neither
expressed any views nor authorised the use of
their names in connection with the matter. The
Secretary and Assistant Secretary of the Society
state that they received no communication or in
formation about the proposed union prior to the
press announcements. By direction of the Council
a letter was sent to Mr. O'Maoileoin requesting
his comments. This letter with Mr. O'Maoileoin's
reply is printed below.
There is, of course, no legal obstacle which
would prevent a solicitor from joining any lawful
association. The only question is the manner in
which the association is proposed and the wisdom
of an association of this character in the interests
of members of the profession and their clients.
The Society is the representative body of the pro
fession and it has been active in promoting the
interests of members and their clients. It holds an
exception order under the Trade Union Act, 1941
ivhich entitles it to carry on negotiations for the
fixing of salaries and
this power
is used as
necessary on behalf of members. The Council are
fully conscious of the functions of trade unions
in the community but they are not aware of any
demand for a separate trade union for solicitors
nor do they think it would serve any useful pur
pose having regard to the powers and functions
of the Society under its charters.
Letter dated 10 April, 1970 from the Society to Mr.
Michael B. O'Maoileoin, Secretary of the proposed
union.
Dear Sir,
I enclose herewith copy of a letter dated April 7th
received by the Society from Mr. Donal T. McAuliffe
who was named on the circular issued over the names of
Mr. Thomas K. Smith and yourself announcing the
formation of a solicitors' union.
In the second paragraph of this letter it is stated that
you informed Mr. McAuliffe that both Mr. Finnegan,
Assistant Secretary of the Society and myself were aware
of the proposal and that we had no objection. It is also
stated in the letter that two members of the Council,
Mr. Ralph J. Walker and Mr. John Maher, were aware
of the formation of the union. Mr. Walker has informed
me that he had no information about this union prior
to the newspaper announcement on Easter Sunday. Mr.
Maher has written to the Society to the same effect.
Neither Mr. Finnegan nor the writer had any communica
tion or information about the matter with you or any
one else.
I am directed to ask you for your comments on the
enclosed copy letter and the reason for the use of names
of members of the Council and officials of the Society,
as alleged
in connection with
the proposal
for
the
formation of the trade union.
It was stated
in some press announcements which
were presumably based on information supplied by you
that a nationwide survey of the profession had been
taken and that 73 per cent were in favour of forming
a union. Enquiries have failed to discover any survey
of the profession and I am directed
to ask you
for
information as to the basis of this statement.
Yours faithfully,
ERIC A. PLUNKETT,
Secretary
Letter M. B. O'Maoileoin to the Society dated 14th
April.
Dear Sir,
This will acknowledge receipt of your letter dated
10th April 1970 enclosing copy of Mr. McAuliffe's letter
to you. I have also received a letter from Mr. Michael
Kelly and I understand
that he has also been
in
communication with you.
I propose dealing with the statements which I am
alleged to have made to Mr. McAuliffe and Mr. Kelly
in regard to yourself, Mr. Finnegan, Mr. R. Walker and
Mr.
John Maher. All
the matters
raised
by Mr.
McAuliffe and Mr. Kelly
in relation
to their being
named as Trustees of
the Union are internal Union
matters which should be dealt with by these two gentle
men directly with the Union.
I emphatically deny that I at any time stated that
either your good self or Mr. Finnegan were in favour of
the union. I admit to having stated that both Mr. Walker
and Mr. John Maher were aware of the move to form a
union.
Approximately three months ago Mr. John Maher
telephoned me in relation to a return of my income,
which had been
requested by your Society
for
the
assimilation of
information for the Fair Trade Com
mission. In the course of that telephone conversation I
advised Mr. Maher that the possibility of forming a
Trade Union for Solicitors was being explored. He did
not express any views on the matter.
In or about the 6th day of March 1970 I attended
the office of Messrs. Hayes & Sons, Solicitors, St.
Stephen's Green, Dublin by appointment with Mr. Ralph
Walker for the purpose of having a property contract
settled.
After dealing with our legal business, I had a con
versation on the formation of a Solicitors' Trade Union
with Mr. Walker and advised him that the draft rules
were with the printers. He didn't express any opinion
about the Union apart from expressing a desire to be
furnished with a copy of the rules when available. Mr.
Robert E. Blakeney was present during this conversation.
Yours faithfully,
MICHAEL B. O'MAOILEOIN
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