ARBITRATION.

Dominion, Volume 1, Issue 244, 8 July 1908, Page 7

ARBITRATION.

THE GOVERNMENT'S POLICY. . NEW PENALTIES FOR, STRIKES. The Industrial Conciliation and Arbitrator Act Amendment Bill was introduced in tlw. House of Representatives by Mn Millar last night. It is a measure of 60 clauses, cover, ing lGi printed pages. A strike is thus dolined:— •.

"In this Act the term 'striko' means the act of any number of workers who are oi have been in tho employment whether of the same employer or of different employers, in' discontinuing that employment, whethci wholly or partially, or in breaking tlieir contracts of service, or in refusing or. failing after any such discontinuance to resume oi return to their employment, the .'said discontinuance, > breach, refusal, or failure being duo to any combination, agreement, or common understanding, whether express or implied, mado or entered into by the said workers— .:

(a) With intent to compel or induce their said employers, or any oi them, to agree to terms of em- . ployment, or comply with any demands mado by the said or anj other workers; or "(b) With intent to aid, abet, instigate or procure any other strike; or "(c) With,intent to assist workers in the employment of any other employer to compel' or induce that employer to agree to terms of employment or comply with any demands made upon him by any worker's.! " (2) In this Act the expression 'to strike' means to bccome a party to a strike, and the term ' striker'. means a party to a strike."

The definition of a lock-out proceeds ot> similar lines. .

THE PENALTY OF STRIKING. , It is provided that every worker,_ "in any industry, whether an award or industrial agreement is in-force'in respect of that'industry or not," who is, a party to a, strike is liable to a £10 fine, and an. additional £1 for every week during which the strike continues, and ho remains a party thereto. The penalties in the "case of "lock-out" aro £200 for the offence, and. £50 a week during the continuance.

The clauses dealing with aiding and abetting are wide in scope. A worker or employer is liable to a £10 fine, and a union of workers 'or employers to a £200 fine, • who or which "incites, instigates, aids, or abets a strike or lock-out, or the continuance of a striker or lock-out, or who incites, instigates, or assists any person to become a party to a strike or lock-out."

It is an offence to make any gift to or fot a person or union engaged "in a strike or lockout.- . ■ ■■ ' '

It is an offence to publish any expression of approval of any unlawful strike or lockout.

AYhen a majority of members of a union-, or association is in favour of a strike or lock-out, that union or association will be held to have instigated the offence. • Section 15 of the Amendment Act of 1905— which enables workers to be imprisoned foi striking in the last resort-^is' repealed.

• An important clause is Clause 9, which provides special penalties with respect to striking without due notice, in certain industries. A worker in these industries who strikes.without having given at' least 21 days'- notice in writing, one month before striking, of Intention, to. strike will be liable, on convictionbefore a magistrate, to a fine of £10 oi. three months' imprisonment. Tho industries relate to'; Gas, electric light, water supply, bread, milk, meat, .sale of coal, tramways oi railways,' or' any . industry or. occupation of such a nature tha.t anjr danger to the public health or safety, or'injury to or destruction of the property of the employer, has resulted from the strike. • ' . . ' People-who abet a strike intone, of tbese special industries, or its continuance are liable to three months', imprisonment, or a fine of £10 if a worker or £200 if a union, association, or employer. ; ' 'Ji {EXCOMMUNICATION.; Section 10 is one of the most important of •thewhole Bill.- It provides that any union of workers which is.convicted of aiding and abetting, or inciting or. instigating a strike by any of its members shall have its registration suspended' for ; any period that tho Court may determine, not exceeding threo years. During this period of suspension such a union shall be incapable of instituting or boing a party to proceedings under'the Act, or of entering into any industrial agreement or. of taking, proceedings: for the ment of an award or of making, an application for the cancellation of its; registration. Staring any such; period any award, or. agreement in force may bo suspended so far as'it applies to members of that" union or •to employers of such members.' ' During any such period no new industrial union or industrial association of workers shall be registered in tho same industrial district in respect of tho scime industry. Sections .30, 101, and 102 of tho principal Act (prescribing tho 'method of enforcing awards) are repealed. ' '

Tho penalties for a breach of award or ' agreement are £100 in the case of a union or' association or employer, and £10 iii tho case of a worker. These fines aro recoverin any:Magistrat6's Court, and appeal can only be made to the Arbitration, Court., * On notice,: the" employer , of a. worker fined for broach of award is to' deduct a! proportion of the workers!• wages,' such deduction not to exceed one-fourth; of such ' Wages." ,In default of satisfaction by a union-or association, recovery may .be mada from members.'individually. s - " 7- CONCILIATION. Part 111 of tho Act deals with conciliation, which -is ,to proceed under "Councils of, Conciliation." A Council will consist of a'magistrate and two assessors, the assessors being appointed by tho two parties to tho dispute! •„An.assessor must be actually and" .bona .'-fide. 'employed,- either as a. worker or an employer, in the industry in respect of t which the dispute has arisen. A Council may dismiss an application for an award, may fix its owii procedure, and is'given wide powers for obtaining evidence. Parties may l bo represented by counsel before a Council. If no settlement is arrived at the Council shall make a recommendation for a just settlement and shall endeavour.to induce tho parties to agree to a temporary settlement. Tho Council shall also state, where 110 arrangement can bo come to, whether the .failure, of negotiations, was due to tho unreasonableness or. unfairness of any of tho parties.' Parties not bound by memorandum of consent may refer a dispute to the_ Court. The Court will have the same functions as at present. . • "NEEDS" AND "EXERTION" WAGES. Clause 57 empowers the Court, where it thinks fit, to provide for tho. payment of a "needs; wago" ■ and an -."exertion wage." A "needs wage" is defined as "such wago lis tho Court deems a_ fair and reasonable 'remuneration for., work which conforms in amount; and quality to a standard fixed by the award." The "standard" is based. 011 the capacity of "a worker of average skill and energy.!' _ Tho "exertion wage" is an additional re- : muneration to be calculated in any manner .tho Court thinks, fit.

Awards containing provision -for a "needs wage" ior "exertion wage" may he varied • from time to time, and the Court' may not lay down such provisions except with tho antecedent consent of all parties to the roferenco. AN AMENDED COURT. Section 60 provides that the existing Court shall bo roinforocdj on tho hearing of any dispute, by two assessors, appointed by the parties to tho dispute. Those assessors musi be hona lido engaged in the industry con. : corned, mutt, he not parties to the dispute, aud must not ever have been a member ol any Council of Conciliation to which tho disiputo has been referred. Instead of two, seven employers shall bo . necessary_ to form an association, and 2c workers, instead of seven, to form a union. No workor can suo for "back pay" savt within three mouths of tho day in which the wagos claimed became due. - ' Apprentices cannot bo mon> than 25 years of age. Industrial agreements may bo oxtended to ' covor.wholo districts. • • Awards prevail over contracts of service in' cases of conflict. " ' The Court flay,ixcfusejiftMivor: au award.