AMENDMENTS TO BILL

Press, Volume LXXXIII, Issue 25275, 29 August 1947, Page 6

AMENDMENTS TO BILL

CLAUSE ON BALLOTS REWRITTEN

POWERS OF REGISTRAR OF UNIONS (P.A.) WELLINGTON, August 28. Although amendmenis had been made to the bill, the vital principle the secret ballet had been not only retained but strengthened, said the Minister of Labour (Mr A. McLagan) in the House of Representatives this aftern-.cn, when the Industrial Conciliation and Arbitration Amendment Bill was reported back from the Labour Bills Committee. When the committee’s report was presented, the Leader of the Opposition (Mr S. G. Holland) asked the Minister to indicate the nature of the changes that had been made, especially in view of the controversy the bill had aroused. Mr Holland said he took it that the provision lor a secret ballot on strike issues had been retained, notwithstanding considerable pressure which had been exerted ior its deletion. Perhaps the Minister would say what evidence was presented to the committee by the Federation of Labour and others interested. Mr McLagan said that much as he would like to gratify the curiosity of the Leader of the Opposition, he did not intend to anticipate the second reading debate. He would say, however, that the secret ballot principle had been retained and strengthened, although amendments had been made to the clause governing that principle. Opposition voices: Hear, hear. Amendments to Bill

In the bill as amended, the original clause providing for a compulsory secret ballot among members of an industrial union oi workers before any strike action is taken and for a compulsory secret ballot among members of an industrial union of employers before a lock-out is conducted, has been almost completely redrafted by the committee. It is now stated that if members of the workers’ union are concerned in any dispute and there is a proposal that there shall be a strike, no such strike shall take place until the question has been submitted to a secret ballot of those members of the union who wpuld become parties to a strike if it were carried out. A similar amendment is made to the complementary sub-clause providing for a secret ballot in employers’ unions before a lock-out takes place. As stated m the original bill, the secret ballot is to be held in the manner prescribed by regulations .under the Industrial Conciliation and Arbitration Act, 1925. if there are no such regulations it is to be held in the manner prescribed by the rules of the union or, where there are no such rules, in such manner as shall ensure the secrecy of the ballot. Alteration ©t PemiUy Clause

Alterations have been made in those sub-clauses dealing with penalties and provision is now made for the Registrar of Industrial Unions to , take a secret ballot if one is not held by the union concerned. The original bill said that if the strike or lock-out took place and any members of an industrial union or section of a union of workers or employers were parties to a strike or lock-out, the union would be deemed to have investigated a strike or lock-out unless it- proved that a secret ballot had been held previously. Penalties for non-compliance were fixed at up to £?0 for every member of the workers’ union and up to £2O for officers of the workers’ union unless they could prove they had endeavoured to ensure compliance with the rule and prevent a ftrike. In the case of lock-outs conducted without secret ballots member? of The employers’ unions could be fined up to £lOOO and Officers of the union up f<? £4OO unless they could prove they had endeavoured to prevent th© lock-out.

Registrar JWay Conduct Ballot In the amended bill provisions for penalties on this basis have disappeared, Instead, it is stated that if a i strike or lock-out takes place without i a secret ballot of members of the union i concerned the Registrar of Industrial Unions may proceed to conduct a secret [ oallpt of all members of the union 1 directly concerned on any question that may be prescribed relating to the i strike or lock-out- To enable this secret ! ballot to be taken the union concerned I and its officers shall make available to [ the registrar such assistance facilities, ; and information as he considers neces- ' i ary. The registrar’s decision or the decision of persons designated by him to conduct the ballot whether a memI ber Of an industrial union is pr ip not directly concerned in a strike or lockcut shall be final and conclusive. Any person who refuses or tail? to comply with any requirement made by the registrar for the conduct of a secyqt ballot or interrupts, impede?, c?r mterferes with |t commits aft offence for Which, on summary conviction, he may be fined UP m £2O, and for a continuing offenee a further fine of up tp £5 a day for every day during Which vhe offence continues- ! The registrar shall as soon as practicable ascertain the result of the ballot ; and nublish the result forth with. A subelause in the original bill to the effect that nothing shall be deemed . to render lawful any strike or lock-out i which would otherwise be unlawful is | retained.