Socialist Party Australia - Clarie O'Shea

The union movement if mobilized could force the Liberals to withdraw their Industrial relations legislation. The alternative to that proposed by the ACTU is to set out to break the class laws by following the examples provided to us by Clarrie O’Shea and Frank Belan.
Samantha Ashby, Socialist Party Newcastle

Faced with the wiping out of workers basic rights the ACTU are running a TV campaign to tell everyone how dreadful it will be when these laws come into being. Although letting people know what is going on is good without a plan its like telling turkeys about Christmas. It is the militant unions in each state that have fought for actions on the 30th June and 1st July – the state leaderships and ACTU weren’t planning anything.

These no hopers don’t have the political desire to fight fire with fire. The socialist party is calling for a 24hour general strike. The union movement if mobilized could force the Liberals to withdraw this legislation. The alternative is set out to break the class laws by following the examples provided to us by Clarrie O’Shea and Frank Belan.

In 1969, Clarrie O’Shea was the Secretary of the Victorian branch of the Tramway Union and he went to prison because he was prepared to break unjust anti-union laws. His union had been fined for organizing their workers in a number of disputes. Over 5 years, every time the tramways union broke the law they were fined and accumulated fines had built up to $10,800. The bosses were supported by the legislation and the courts. There were a series of mini-battles to force the union to pay and to get union funds and in March 69 the Industrial Court in Victoria called O’Shea to attend the courts for oral examination and to produce the financial records of the Victorian branch but he did not attend.

His decision not to attend had been taken by the Australian Council of the Tramways union earlier in March. They decided if “the court seeks to collect such fines and costs from other branches or proceeds against the person of the Victorian branch secretary or any other officer of the union, immediate stop work action will take place in all States to determine on further industrial action against the application of the Penal Clauses to our union, Such action to be mandatory in all branches.”

In the time after his March non-appearance O’Shea had withdrawn the money from their bank accounts and placed it in another bank under a different name. 27 rebel unions were supporting the Tramways Union and called a rally on the day of O’Shea’s next court appearance on 15 May. He marched into court supported by all his members and other supporters – a crowd of 5000 people.

In court he refused to take an oath, as he did not want to lie under oath about the new location of union money. He refused to answer Judge Kerr’s demands. He said that his members felt that their union had been unjustly fined, that they were protecting their funds and the rights of working people from the viciousness of the penal provisions and was acting under directions of his members. Kerr found him guilty of contempt and committed him to prison until he was willing to answer the questions about the funds.

O’Shea’s jailing led the ACTU to condemn the jailing – and it offered to send its officers to negotiate with the government for his release and remission of fines. The trades and labour councils of WA, SA, Queens land, Newcastle, South coast NSW and Canberra called 24 hour stoppages of affiliated unions, spontaneous stoppages occurred in other areas – one million workers stopped work to support O’Shea and his stand.

O’Shea was in jail until 21st May when his fines were paid by a “public benefactor”. O’Shea happy to be out of jail still held firm that the fines should not have been paid on principle.

Frank Belan’s fight occurred in 1992. Frank Belan Secretary of the NSW NUW went to the wire in NSW prepared to face personal financial loss through the NSW courts who were trying to force the NUW to stop its organizers from organizing workers and fighting for their rights by threatening sequestering the NUW funds and organizers funds.

Pressure needs to be put on all trade unions by their members not to comply with the legislation if passed and to fight it by treating it with the same contempt as the Tramways Union and the NSW NUW. Even the weakest leader can be pushed to act by the will of the membership but this requires active campaigning – be part of the fight back join the Socialist Party today.