DISPUTE SETTLEMENT: DEFECTS AND REMEDY

Press, Volume LXXXI, Issue 24569, 18 May 1945, Page 4

DISPUTE SETTLEMENT: DEFECTS AND REMEDY

iKinnSTRIAL RELATIONS

It is not new methods of settlement of disputes which are needed, it is the prompt and efficient use of the existing means coupled with constant watchto anticipate troubles by an official who is free from all other steps should be taken? The first step should be the appointment o a Commissioner for Industrial Disputes, who should be given the responsibility for maintaining industrial peace throughout the Dominion. His function would not be that of adjudicating on disputes or acting as a conciliation commissioner: nor would he have any direct connexion with the industrial conciliation and arbitration system. His sole duty should be that of watching for signs of industrial friction, of setting the appropriate machinery for the settlement of disputes in motion wherever these signs appear, and of seeing that the least possible delay occurs in so doing. He would necessarily have to receive daily reports on the progress of all negotiations and reports from all of the country on an y signs of industrial friction. He would need to keep in close touch with both sides, so that he would immediately be informed of any likelihood of negotiations breaking down before they actually did so, and would therefore be ready to forestall trouble. The person appointed to such a position would need considerable abilities. He need not have a great knowledge of industrial law and the I.c. arid A. Act. because his function would not be to negotiate detail, but rather to supervise negotiations earned on by others. The commissioner would, however, have to be a person of high personal standing in the public estimation, because he would have to be able to command respect from both sides; and it need hardly be added that no person attached to a political party would be able to fulfil the difficult task of the commissioner, because he would be unlikely to be able to inspire confidence as'an impartial seeker of industrial peace. Further, the commissioner would have to be given such high standing that he would be able, as occasion required, to make representations whicn would carry weight in the highest ouarters, and so that he would have direct access to any Minister without working through the head of a department. Thus th e commissioner should be responsible directly to the Prime Minister. It might seem as though the place for such an official should be in the Department of Labour; but for two reasons this would be unsatisfactory. As has been pointed out the Department of Labour does not cover all industries; and it is essential that the commissioner should pave power to intervene in railway disputes or disputes in the State mines or on public works. Second, the commissioner could not be attached to a department without making bun subordinate to the permanent head of it; and anything which restricted the .unfettered freedom of the commissioner to act in the interests of industrial peace would automatically stultify his work. The commissioner would have to be given the widest powers of intervention in industrial disputes, including disputes between the Government and its employees, and also the duty of representation where any policy or prac-

(Specially Written for “The Press.”) IBy A. E. C. HARE, Ph.D.]

tice seemed to him likely to lead through friction to a dispute, whether or not it had already done so. An : efficient commissioner would, of courte,' ' necessarily work rather by virtue U the respect he inspired than by legal powers of intervention. While it seeing essential that the commissioner should be independent of any department, he ‘ would have to work in close conjunc- "• tion with the Department of Labour and with the conciliation conmfo. sioners. The work of the commissioner would depend to a great extent upon a rapid and accurate information strvice; and for this purpose it would be necessary to appoint district assistants working with the Department ofhour, to act as the eyes and ears of the ■ commissioner. In the smallest centres' :• it might be possible to make use of : the services of voluntary watchers of industry, whose function would fo simply to report any signs of friction. Since much travelling might be Involved, it might be necessary to ap. point one or two assistant commissioners, to whom the Commissioner for ’ Industrial Disputes could delegate his ’: powers. Causes of Bad Relations Had a Commissioner for Industrial Disputes been at work, a number of - the strikes mentioned in toe-'foil'' article might have been avoided. '. instance, he would have called the at. : ten tion of the Government to toe del t lays associated with the Railways Industrial Tribunal and the risk of fo. dustrial strife if a decision was-,jmljJ arrived at promptly. Again, whsn miners’ agreement was due to expire in April, 1944, he would have bee* fo a position to urge the importaqtievaf ■ calling a conference before Christmas 1943, to forestall possible troiddo, Working on the principle that. pie.vention is better than cure, the missioner would also have another ■ function. There are throughout the . Dominion certain industrial establish- s ments which are “plague is, places at which there is coutnt - friction, always threatening troulfo which may at any time invohwja,,; whole industry in a dispute. StoK establishments are well-recognis«%l|k % , officials of both sides in the indumfa concerned. It should be the dutyllv the commissioner to investigate reasons for the existence-of Md riag tions in these establishments .; infoS?' endeavour to obtain better - between the workers and toe tfouftp;!' ment by maintaining a constant over them, by advice to the tfouajlgfev ment and unions, arid by other steps seem necessary. Oup.&r such means can these everdfombt sources of industrial friction be>grgatt<‘ ally removed. 1 The commissioner would alto, nave, the very important task of stuski' ' the means available for the totitoncfo of disputes, and doubtless frotoSJ®to|v to time would be able to polnUStefßfc'. existence of certain faults iri'WTMif chineryand to suggest new waj£<g; surmounting difficulties. He wod&'ir therefore be able to. irieke reconyrieik datlons .in the appropriate quartern !:: whenever any improvement in fietor tlating methods 'became necessary ind' in'this way would be able to njafo-, tain the machinery for settling into*trial disputes at the highest posable ' pitch of efficiency. ' \. J?:. (Concluded.) - ;