OUR LABOUR LAWS.

Dominion, Volume 1, Issue 221, 11 June 1908, Page 9

OUR LABOUR LAWS.

REPORT OF EMPLOYERS' / ASSOCIATION. - THE ARBITRATION ACT. ' SHOULD BE REPEALED.OR RECONSTRUCTED. Tho annual report of the AYellington Emi ployors! Association is as follows :— In presenting tlio ninth annual report of ■ ■ tbo Association, your exocutivo committeo has - pleasure in stating that the year just closed ■ h as proved one of practical usefulness, and , i tho nork cained .on has further demonstrated , tho necessity and wisdom of combination for tho piotection of. common, interests and , , rights, and. for • unitedly combating tho' over-, rocioasing, demands ot unions of workers.--

: MEMBERSHIP. . In addition to individual members to tbo number of 246/: thd.'Association. lias affiliated with' 'it ■ the'' following local trade associa-, tions:—Tho Bujlders and Contractors', Coal Dealers', -. - Timber'" Merchants'/. Master Butchers', Master Tailors',, Licensed - Victuallers', Master' Grocers', Master Plumbers', and'Electncal Contractors'. - The Association is thus representative.ot upwards of '500 employers. - FINANCE. ; Tho ; recoipts for tho year, amounting to £GO4, aro in excess ot those lor any previous year in .tho' history of the' Association, but your committeo desires to point out that tlio margin of; recoipts over oxpendituro is a baro ono, and urges members to loyally support and assist tho Association by inducing other . employers r.to become irienibors. The annual subscription for membership of this Associatiqnv is i 'oii ;a;miich' lower-scale'than that of similar. Associations'in tho other chief centres, and is within the, means ol ; every omployer. ...In ! Conuc6tion s \vith the work of tho New-Zealand Employers'.-'Federation, it has been -found necessary-for each' of tho four centres of -tho -Dominion' to contribute an additional £25 ;to tho funds to' enable the Federation tbycatry.' o'n an- effectivo'' organising campaign.EXECUTIVE.

Your committeo has been alivo to tho interests V.of ij.;employers . in . all' ; niattcr3' brought: ~ .before ■ 1-. jb, . and has • moro • particularly .... dpvotod >- considerable;. timo and thought to tho •.legislative proposals of the,GoVe'rriroeiit,submitt'ed'to the' last Parliamentary • session. Ao .stated .111 last year's report, tho Federation Advisory Board is now dealing;,: with''': many ' "matters: that . formerly camo within tho provinco of your oxecutivo, and: , tho:,toeetihgs of-..the.'committees have, therofofQ, "beon limited ;in number..: Mem-bsrs-have been, called upon to:givo ovidonco betoro ,thp Labour.: Bills. Committeo of. tho House, and to act. on deputations to Minis-. :'ters)'in..connection--'.with' other .matters;of importance. to employers. . .• . . . ' . SECRETARY.

Tho offices of the Association aro becoming much bottcr. reco'gniscd ; as.;a medium' of re-, liable . information regarding: Arbitration' . Court awards arid the- industrial laws. Valu- : .ablo assistance-' has. .been .' the ' secretary to many lomplo'yers, who havo had differences : -.o£ opinion with workers, unions, or tho -Labour .Department. By timoly in-' ; toryentiori;.:; many:., matters "in <disppto -have been ' amicably, settled * that"':otherwise would havV: come .before the. courts. During tho year.tho' secretary, has represented employers before the-. Conciliation Board ;and Arbitration; Court in connection. with the butchers, timber; ;:workers',' aerated water workers', ; builcling'trades labourers'",.'general labourers',;' and has taken part' -infsecuririg a settlement djy agreement of the •stonemasons' and electricalworkers' disputes'.' The total of fees paid ill cnniicction tary''is''very''satisfactory'; Tho.Labour Department is now giving employers ;a'n opportunity tov.stajfl, their side of acaso wheil: applications arc mado to, the Arbitration Court ,for-. the . interpretation of awards, and it is no doubt .to-somo extent due .to ■ tho '.statements of employers' views prepared .^yy : tli6 secrotary.and-handed to..tho department .that'vorv satisfactory interpretations have been obtained. >, - ARBITRATION COURT.

Mr,. Samuel .Brown has again been elocted, nnopposed, as.,employers'. representative on the : tobitration;.Court, for:-a ifurther -torm of, thrqo, years, and Mr. William Pryor, Federations secretaryj • has been. chosen,unopposed is flcfcingrreprosentativo on tlio Court. .NEW ZEALAND EMPLOYERS 1 FEDERATION. The annual conference was held in the Asiociatioh. ro'oms in -August'.'last; and proved the' inoßt representative and successful of the. conferences yot.held. 1 Members, have been supplied.with reports of tlioproceedings and also with , copies of a. most interesting ad-, dress v on "The Industrial . Conciliation and Arbitration Act,. its . past,. present, and future,": giveri 'to ih'e conference by.Mr...Wm. Scott,-. of: Dunetlin: - ' Lengthy consideration was' given by the cohfercnco to,the proposed amendments to that Act, and to tlio IVactorjeis Act 'Amendment Bill,' aJid , the resolutions of the' conference ; .oil these measures .were submitted to the' Minister for. labour by.a.deputation comprising:. tlie whole 'o'if £he representatives.' -•

The;, expectations'; of'' employers respeoting : the appointment. of Sir.- Pryor' as' Parliamen-' tary'aiid general secretary have been con-, firmed drid the satisfactory manner in which he has carried out his various duties amply testifies' to ■ the' wisdom .of. his - appointment. FACTORIES ACT. AMENDfrtENT. , .An amendment to tho Factories Act hurried through 1 last .year is 1 considered' by the Laboiir Department to provide that owners of factories aro compelled to pay a week's wages-.to'.employoes whether a] week's.:work, has- been I .done-or not. -.A difference, of'legal opinion -'exists .as to . the actual -meaning of the amendment. The Employers', Federation ■ has , obtained the '.opinion: of. Mr. C.' P.- Skerrett, K.C., that tho amendment .cannot bp construed in tho Way .suggested .by tho Department. .It has, therefore,; been determined by the' Federa-tion-to test tho matter in the Courts should action, bo takou against employers to enforco ; the clause. Other amendments of the Actj proyido that womon and boys shall not bo pormittod; to' tako .meals in any room in which ally"handicraft or manufacturing process is being carried on,: and when the number'of'.wtfoiiren and boys oxcecds six, a proper roortvin/whicli meals may be taken is to be provided-.' by the Occupier. . • SKOPS AND OFFICES.ACT. This Act was also'amended .in the last. hours : of. the session., .'Tho clause for ahalf-holiday to all ho4l :employees has led todifficulties. and' some : hardship, and, as a result of '.representations .made to' tho Minister for Labour, a'promise has been given that . the. law relating to'restaurant-and hotel . employees will be '.dealt, with in a" special measure to be 'introduced'.-during the coming session; . Addition'ahamendments "relating to the: statutory closing day make provisions for the taking' of a ,poll' of the electors of local bodies for determining the-day-upon -which the half-holiday-'Shall bo observed in • tho borough or town'district. The poll is to bo taken simultaneously: with tho poll for the election 'of: members ..of the local body. WORKERS', COMPENSATION FOR . ACCIDENTS.

Copies of a : 13)11 to consolidate tho law relating to'workers' compensation for accidents have beep circulated by tho AJinistor for Labour. Tlld Bill contains a number of now proposals, and those, will require full consideration and carefulwatching when brought before. Parliament. ; Clause 21 of tho Bill calls for : particular attention. It provides that •. workers who contract certain diseases due to the nature of any employment' within twelve'month's previous to disablement/ whether, under, ono or more employers, shall ho entitled to compensation Subject to provisions for' joining former employers as defendants to an action, compensation is recoverable from' the employer who last employed the worker. " The diseases referred to are Anthrax, lead-poisoning, mercurypoisoning, phosphorus-poisoning, arsenicpoisoning, pneumoconiosis (as affecting min-

ors only),,and any othor diseases which aro declared by Ordor-in-Council to bo diseases undor tlio Act. ■' ■ ' CONCILIATION AND ARBITRATION. Mombers are no doubt' familiar with the proposals contained in the Bill introduced to Parliament last session by the Minister for Labour, and which, will bo again, beforo,tho House during the coming session . Tho resolutions,or tlio last_Employers' Federation conference dealing with this measure have been approved by .this Association. Futuro' action in regard to tho Rill will bo ono of colonial policy for the Federation,'which'may bo relied upon' to carcfullv watcli the progress of the Bill when it is again /before .Parliament. Recent events have amply demonstrated that the present Arbitration Act is offectivo in its oporation only against employers. Jho fact, that tho-whole .'burdon of awards of ' Jio Court and the administration of the Act has to be borne. by employers is creating throughout the Dominion the gravest feelings of dissatisfaction and resentment. As employers aro permanent citizens, , and 'invariably owners of property or stock-in-trade, there is no escapo , for them .from tho full penalties of tho law • but _ workers, whoso assets , ; generally consist of tools and their labour, may, and, do, readily evade tho consequences of a ■breach of'the law by going to other centres or by reason of the fact that they have no soizabla assets. Tho result is that , the jaw is always effective against employers,: % but. it would seem, as though _l he workers may commit serious offences : with impunity, and opmily defy tho law: and Court. Tho imprisonment of ,Mr. Dixon, of Drury, ,for refusing io payback wages, and- tho recentstrikes in various parts of tho Dominion, go to,prove-this. , .In connection-with the case of Mr.' Dixon, wo, desiro to draw attention again to. tho one-sided nature of tho law. An arrangement was' niado by .liipi with a worker to pay him loss than tho award rate of wages.' 'After working for some timo,.the' m'aii left his employment and sued Sir. Dixon for the differences between'the waces paid and the rate of . wages fixed by the award.Judgment was given in the. .Magistrate's Court against Sir. Dixon.- He refused to pay, and as a result of further proceedings ne was imprisoned for two months!- Now, the worker, was a party to tlio agreement to work for'less than the minimum wage, but. as . the law stands- at present : ho is entitled to recover from his employer the full amount, .of the' minimum.wagb. This'seems to us to leavo tho door -open for workers to' obtain employment at low wages with the deliborato intention of. claiminc tlio ,full minimum wagoat somo futurelime, although they may havo agreed to work y at, tho lower rate. - 'Whilo employers 'who aro in competition with others'should bo bound to pay tlio minimum wage, we do not think workers should havo the right to recover that wage from employers when th'oy afjijqe to work at a lower rato. . : Our suggestion is that, the law . should - ba amended, to prevent thcrccovery of back wages by workers, and that tlio 'punishment of the employer for broach of the award should .be a inattpr for the Arbitration Court to deal with. ' STRIKES.'

. ' During tho. past, year a number, of, strifes, liavo .taken placo in various, parts of 'the Dominion, the most serious ..being that ,of the miners employed, by the .-Blackball; Coil Company. : . Notwithstanding i the fact, that • they'' were,' working' . under • an Arbitration Court award, aii'd that every effort 'was"mado, ■ by. the"; company ;to' moot the wishes of tho union,' the mo'n remained on; strike for over twomonths, in' defiance of', tho Arbitration Court': and Act. . The union .was encouraged and - assisted,' ,witV funds by various unions in other centres. The .tardy prosecution '.of the /'strikers,, and tho' rofusafiof ■ tho labour. 'Department,;- to . proceedingsagainßt; "unions, for."aiding and- abottirig' tHo' strike,'; havo evoked strong condemnation from employers and the Press of .'the Pominion. V/'A strike of' miners employed at the j\Vestport 'Goal Company's mine at Deriniston oc-. curred ,during'. last' year r '"while an/„award; was,' 1 in ''existence.' : Meinber's; of; the Jlinistry.. wero"instrumental 'SlJoui s"iie&; tiemerit; of"; tho 'trouble;-; but it is; feared the action., of ftho Government lias..been..inter: preto'a£as„-' - tho; .unlawful' action of the men in striking, has proved, to workers the. ineffectiveness of tho Arbitration- Act to; prevent' "strikes,;,and, lias- encouraged other unions to. resort, to striking when 'the : awards of the Arbitration Court aro. not to their entire satisfaction. This, too,. 'notwithstanding . tho /fact. that-.' it .has invariably beon ;tho workers ; who have invoked the aid , of the Court and asked'for tho swards!

The deliberate breaches of the Arbitration Act: arid tho. flouting of the Court by unioiis. of workers hW;aroused.'-widosprca'd. tion, and ciiiployors - throughout. tho.-Dominion are domanding that the-Act shall' .either be repoaled .or .amended in sueh. a way as to effectively check strikes and severely punish offenders. TKo spirited pronouncement of Mr. Justice Sim in giving judgment ill the caso , agaiiist tho_ Blackball;. Miners'. Union has a direct 1 bearing upon this, matter. In the. course/of his. judgment ho said: "The whole' purpose.-.of tho conciliation, and arbi? trationsystem is to prevent strikes, and it is clear-; that .'arbitration and strikes cannot exist' together, as. remedies - for the' settlement of industrial disputes. The workers of the Dominion .must make up their.- minds":which' of these .remedies they desire.to see retained. They cannot havo both, and'.they, must oleet which they will support." .. '."An : arbitration : system which does licit ' prevont strikes is a . failure, arid - cannot, survive.!' The Labour Department, having refused to prosecuto unions for-.;aiding--and' abetting the Blackball strikers, it was tho intention of the Employers' Federation, after securing lesal advice,'to take the matter up.' The Minister for- Labour -bavins: now promised to ' introduce effectivo legislation,' dealing fully with strikes, the. Federation 'has decided to rely upon the promise of .the Minister, and will tako no further proceedings in the. meantime. '

, IN CONCLUSION. Your committee cftnsiders'the tiriio has when it is : imperative that the Industrial' Conciliation and Arbitration .Acts should bo'oithcr repealed altogether or reconstructed on stich lines'as to compel conscrvances of. the', law and awards of court equally by both workers and employers. As already .pointed out,"employers are held to' 1 tho strict performance of their part, but workers aro keeping their obligations undsr Act. and awards only so long as their , ends are served] and are then, resorting to other mothods to secure their demands. , This conditions of things is intolerable and 'unjust, and demands prompt, and decisive action on tho part of the Government. A general election of'parliamentary representatives will be held this year. Although. this Association is in no . way a political body, and favours no-particular party, employers' are urged'.'to see to it that their influence'is wielded on the sido of fair-minded men, who will stand for even-handed justice and equitablo. laws. (