ARBITRATION LAW.

Dominion, Volume 1, Issue 299, 11 September 1908, Page 7

ARBITRATION LAW.

THE NEW STRIKE CLAUSE.

THE EMPLOYERS' POINT OF VIEW.

"A MATTER OF SIMPLE JUSTICE."

' (HI TiLBQBAPIT.—BPECIAL COBBiBPONDBNT.I : . ; Chrlstchurch, September 10. . Asked by a representative •of "Truth" how employers viewed the strike clause in the recent Arbitration Court awards, Mr. F. W. Hobbs, president of the Canterbury Employers' Association, said that he thought that I 'the employers generally approved of the principle laid down in it. In the past the position had been that the worker always stood to win in the case of a strike If he was able to exact hotter terms than the award granted he won. If ho was defeated by'the employers the worker still won, because the employer was still bound by the award of the Court. The "strike clauso" appeared to Mr. Hobbs tto be a matter of simple justice. It was rather difßoult to understand from the olauso as published whether an award lapsed automatically when a strike ocourred, or whether before it lapsed the Court must decide that a strike had occurred. Another difficulty was presented • by, ithe possibility of a small section of a trade going on strike, and thus involving the whole trade. He could not help thinking that when they had the Court's clear interpretation of the clause they would find that such a state of affairs was provided for. The . position would hardly be a right One if the fact that a small section of a trade went on strike meant the suspension of the award in respect to the remainder of the 'trado. The Court's olause, he said in conclusion, was practically on the lines of Olauso 10 of the Industrial Conciliation and Arbitration Amendment Bill at present before the House, and consequently really carried out the Minister's intentions as expressed in that clauso. The clause mentioned, which provides that on tho conviction of' a union for " having incited, instigated, aided or abetted the commission by any of its members" of a strike in the industries enumerated in the preceding - olauso, the registration of such union shall be suspended, and during such period of suspension any award in operation shall also be suspended, had been considered and approved by the Canterbury Employers' Federation and by. ; its representative before the Labour Bills Committee. The Court's clause, Mr. Hobbs considered, really embodies Clause 10 'of tho Bill. i _f • • • POGSIBLE COMPLICATIONS. : (BY,- TELEGRAPH.—SPECIAL CORRESPONDENT.) ■ t : " DunGdln, September 10. ' Refering to the strike clause, tho "Southland Times" states that Mr. Brent, president of ■'the- : ;Southland Sawmillers' Association, says';the possibility ■of a serious difficulty, is in.the ; way. . Conceivably thero might arise temporary • trouble with the hands at any small'millj say,. at Stewart Island. As this provision stands it would seem to follow automatically that the award throughout the whole of the Southland district would thereupon be rendered null and void. The complications that might follow such a happening; are* so obvious as to need no mention. Certainly Mr. Justice Sim in his memorandum states'that the Court reserves to itself tho right to bring into operation again tne provisions of: tho award after a strike has taken place. This, he states, will enable the Court to-'obviate the hardship that might otherwise result when a small section of _ the • workers affected by the award engage in a strike without the sanction or connivance of the union. If half a dozen workers somewhere in the ...backblocks are implicated in a dispute which might conceivably be termed a strike, the result'will certainly bring wide-, spread hardship because in the nature of things it must be several weeks at the least before the Court can take steps to bring . 'the provisions'of l the'award again .into operation The-power which ■ the Court has resorted to .itself does not apparently enable it :to.localise the annulling effeots of a strike. The clamant necessity seems to be a defini- . tion of what constitutes a strike. . The definition which is generally acccpted is that it is an organised movement by an organised body of then,-but it is clearly stated that if a strike by any of tho workers affected takes ' plicei the award will cease to operate. As the.memorandum reads, therefore, Mr. Brent . thinks that the objection raised by Mr. M'CulJoiigh, (workers' representative on the Court), viz.,- :that the operation of the award should notibe suspended until after the Court has in- ' vestigated and satisfied itself that a strike has ' taken ■ place, is eminently reasonable. Doubtless as the Court has announced its intention of introducing generally ■ into its awards strike clauses on the lines of, this one twphaih'nti will be much discussed throughout "the Dominion, and a clearer understand- - mg will be the result. THE GOVERNMENT BILL. ' APPROVED BY AUCKLAND LIBERAL FEDERATION. (BI TELEGRAPH.—SPECIAI« CORRESPONDENT.) Auckland, September 10. The annual report of the Auckland Liberal and Labour Federation contained tho following reference to tho Arbitration Bill: —"The Hon. J. A. Millar (Minister for Labour) is to be congratulated on his honest endeavour ) to remove the anomalies in the existing Arbitration Act, and tho branch is strongly_ of the opinion that in cases '_of dispute arising between any particular union and employers an amicable settlement would bo more likely to be arrived at by s tho appointment of-an industrial council consisting of three exports v from each trade and threo employers, with a . disinterested chairman. The Bill was _ not absolutely perfeot, but tho main principles embodied in it wero undoubtedly in the, interests of truo and honest workers. The prin-cipal-opposition came from labour agitators, who foresaw that if the Bill becamo law their occupation would bo gone. It was these men who'howkd and dragged others with them in • their, cry. Tho statement made by theso laboiir_ agitators that the Minister had left them, in th.e lurch was both unjust and uncalled for. Next to tho late Premier, no one has done more for'the working-man of the Dominion than Mr. Millar.' Tho executive is glad tonote that these suggestions have become part and parcel of tho Bill now before tho House."