ARBITRATION BILL.

Dominion, Volume 1, Issue 300, 12 September 1908, Page 5

ARBITRATION BILL.

REPORTED FROM COMMITTEE. SOME IMPORTANT AMENDMENTS. STRIKES AND LOCK-OUTS. Tho report of tho Labour., Bills .Committee on tho Industrial Conciliation and Arbitra-. tion Bill was presented to Parliament yesterday. Tho chief amendments wero indicated by tho Hon. J. A. Millar, Minister for Labour, as follows:— Part I of tho Bill, Clause, 3 said tho Minister, bad been altered by the omission of tho words "havo been in the employment," and this wa3 in consequence- of tho dictum that a striko in itself was not continuous. In Clauso 4, defining a lock-out, a singlo employer had been introduced as 'one able to creato a lock-out. A new clauso had been 'added in 4a, which defines that where a majority of .the members of an industrial union strike or lockout, it shall be deemed to bo the union that strikes. Tho Act had been amended so that any unions outside tho Act could strike if they chose, tho reason being that if a union did not tako advantage of tho machinery of tho Act it was not considered right that they should bo punished for a thing which was only an offence under tho Act. A striko or lock-out under tho amended Bill could only take-place .where an award or industrial agreement' was in force. Aiding or Abetting. A strike had been mado a continuous offence for the purposes, of aiding or abetting, as distinct from the men' who took part in tho strike. Therefore, so long as a striko was in progress any person aiding or abetting was liable to tho penaltios under tho Act. The penalty clauso (thrco ''. months' imprisonment) in regard to striking without thrco weeks' notice, whero such striko was connected with the necessaries of life, had been Btruck out, and a fine imposed in lieu thoreof, the twenty-one days' notice being reduced to fourteen days.' This'meant' that fourteen days' noticc must bo given of intention to strike, in these industries,. if tho employees wished to bo exempt from th<s operations of tho clauses.'"*'"" Suspension. p . In tho portion of tho Bill dealing with tho suspension of a union, a provision had been added that the Court may limit tho suspension ' of an award to any portion of an industrial district. If, therefore, half a dozen men struck in some remote part of a district, instoad of the award being nullified over all that it would apply to only tho portion of the district in which it occurred. Fines. The clause directing the deduction by employers from the wages of employees or. fines for previous breaches of awards had - been struck out and another substituted enabling the Court to attach wages above £1 a week in the case of a single man, and £2 a week in the case of a married man. Conciliation Commissioners. The whole of Part 111 of the Act had been materially altered. Conciliation Boards had been done away with absolutely, the magistrate disappearing as chairman, and tiro conciliation commissioners being appointed, one for tho North, and on,e. for,tne South, Island. They would be ■ permanently employed for throe years, and would receive an annual salary to be appropriated by ParliaOn tho i notification of a disputo tho commissioner would immediately proceed to the place where the dispute had occurred, and would go into the matter himself first to determine the merits of the. case, and i would thereafter call upon the unions.to ap r . point three men from either side to • act as assessors. The commissioner had no vote and no power to make any award. It must be pure conciliation between the representatives of both sides who would have the power to vote. They must mutually : agree upon a point, and only the points agreed upon could bo embodied in the award drawn up by tho commissioners. Such award would havo all the force of an award made by the Arbitration Court. The agreement would be considered to bo duly entered into when signed by tho officers of the union and by employers •representing tho majorityof the workers engaged in the industry affected. If such signatures had not been appended within one month of tho" award being made, the case would be sent on automatically to the Arbitration Court withouteither of the parties having to tako the initiative. The clerk of awards would only send forward to the Court such matters as had not been'settled between the parties, instead of sending forward whole cases to-be dealt with do novo as hitherto. It was anticipated this would abbreviate, very ' considerably the work of the Arbitration Court,' whilst further safeguarding the principle of pure conciliation in the first proceeding.' ■' Unreasonable Action." In his report to tho Court, the Commissioner was required to give an indication,to tho Court, as to whether- a settlement; Was prevented by unreasonable action on either side. -His report must be duly filed with the clerk of awards. Those amendments followed tho lines adopted-in older oountries, where the Board of Trade appointed a chairman to tho Conciliation Board, tho difference here being that commissioners were appointed permanently for tliroo years. • • Provision was made that, 'at any time between the reference of .the case to, and the hearing of the case by tho Court, the parties may come to ail agreement, which should havo the same effect ias if entered into prior to tho case being referred to the Court. Tho section in the Bill increasing tho number of members required in a workers' union beforo it could register to 23 was ameuded, tho number being reduced to 151 Similarly, the number of employers' required in the Employers' Association boforo it could register was reduced.from 7 to 3. Clause 51, requiring a type-written , copy, of tho award to bo posted up in any factory or building whero tho industry was going on, was amended to exempt any building in courso of construction. Under-rata Permits. Section 53 stated that where undor-rate permits wero granted, they should only bo granted to persons whose usual employment had been in the trade in respect of which tho permit was granted. This was to prevent abuses, as in the past. Struck Out. Section 57, providing for a needs and exertion wago, was struck out. Section 60, referring to expert assessors, was struck out, and power was left in tho hands of the Court to call for assessors, as in the principal Act,' if it desired, instead of it being mandatory upon the Court to do so. New Clauses. , Now clauses havo been inserted providing that when any amendment of tho law in regard to hours of labour is - mado it should not bccome operative until tho dato when tho award of tho Court expired, after which the law would como into operation, and any future award should be in conformity with tho law. Another new clauße enabled tho Court, when it judged that a deliberate attoiupt was mado to delay a settlement in order to gain timo and put off tho payment of higher wages, to make its award dato hack. Tho definition of worker had been, mado the samo as in last year's Bill —viz., that a " worker is any person who works for hire or reward." Another now clause provided that every award of tho Court should only apply to employers or workers when working directly or indirectly for pecuniary gain. Thus, whero a man was casually employed at some class of work, such as gardeniug, not for the employer's pecuniary gain, ntutlissr party should be liable to far a .breach of aa.

award. This clause would also apply ti domestic servants in private houses, but not whore lodgers wore kept. WORK OF THE LABOUR BILLS COMMITTEE. SUMMARY OF ALTERATIONS. The following is a summary of the principal alterations in the Arbitration Bill made by tho Labour Bills Committee: — Part I: Strikes and Lock-outs. To Clause 4 a new clause has been added providing that when a strike or lock-out takes placo and a majority of the members of any industrial union or industrial association are at any time parties to the strike 01 lock-out, the said union or association shall be doomed to have instigated the striko 01 lock-out. In Clause 5 there aro several amendments. The continuing penalty of £1 a week during the continuance of a strike is struck out and in substitution there is an ameudmen! providing ,a fine not exceeding £10. In regard to a lock-out the £50.a week penalty gives, jilaco to a fine not exceeding £200. In-Clause 6, relating to offences in connec tion with a striko or lock-out by persons no'parties thereto, tho fines for aiding and abetting remain the same, viz., £10 and £200. Subsection 3 now reads as follows:—"Everj person who, while such striko or lock-out ii taking place or impending, publishes in anj newspaper any expression of approval oi otherwise, whether by himself or by any other person, of. tho unlawful action of any person in relation to that strike or lockout, is liable to a lino not exceeding £50." It is also provided that for the purposes of this section' a strike or lock-out shall bo deemed to bo a continuing offence. It is further, provided that a' strike or look-out shall bo deemed to have ceased when declared "off"' by resolution of the union of workers or employers affected, or when tho . industry affected is again in full work. In Clause 8, which deals with special penalties with respect to striking without due notioe by workers employed in certain specified industries, tho notice of striking is re-' duoed from 21 to 14 days, and the fine is increased from £10 to £25, but the imprisonment provision is struck out. In tho certain specified industries to which the section ap- • flies "the manufacture or supply of breacf' is struck out. "Ferry" has been added before "tramway." Tho provision regarding industries in which a strike would result in danger to tho publio health or safety has been struck out. 'Tn subsection 3 tho imprisonment pit)vision is struck out, and the punishment for aiding and abetting is, in the case of a worker, £10, or in the ease of an industrial union, association, trade union, employer, or any person other than a worker, £200. In. Clause 10, regarding tho suspension of registration of a union convicted of certain offonoes, a' now provision has been added to subsection 3 to the effect that in making the order of suspension the Court may limit tho operation of this subsection to any industrial or districts, or to any portion thereof. Part 2; Enforcement of Awards and Agreements. To Section 20, regarding enforcement of a judgment, a new provision has been added, providing that in any application by an inspector of awards for an order under Section 27 of tho Wages Protection Act, 1908, for the attachment'of wages-of any defendant, such order may bo made in respect of tho surplus of his wages above tho sum of £2 per week in. the.caso. of. a married man, and of £1 in any other case. Section 21, providing that""'on a notice from the inspector of awards, tho amount of judgment iB to- be deducted by the employer from moneys due defendant," has been struck out. 1 . Part 3: Conciliation. Under this heading a new clause has been inserted;as follows:—(1) The Governor may from time to timo appoint two persons as Conciliation Commissioners (hereinafter referred to as Commissioners) to exorcise the powers and jurisdiction hereinafter set fortn. (2) One of . the Commissioners shall be appointed to exer'ciso his functions throughout tho North Island of New Zealand, and the other Commissioner .shall be appointed to exercise his functions throughout tho South Island of New Zealand. (3) Each Commissioner shall be appointed for a period of three years, but may be reappointed from time to time, and may at any time be removed from office by the i Governor. , (4) Each Commissioner shall receive such salary or other remuneration as is from time to time appropriated, by Parliament for that purpose. (5) If on or before the expiry: of the term of office of any , Commissioner lie is reappointed to that office, all proceedings pending before him oi before any Council of Conciliation of which ho is a member may bo continued and completed as if he had held office_ continuously. If from any cause the Commissioner is unable to act, tho Governor may appoint some, other person to act in his stead during the continuance of such inability, and while so acting the person so appointed shall have all the powers and jurisdiction of the Commissioner in whose stead ho is acting. (6) If any Commissioner dies or resigns his office, or is removed from office, or if his term of office expires without reappointment, all proceedings then pending .before him or before any Council of Conciliation of which he is a member may .be continued before his successor or before tho said Council, as tho case may be; and "for this purpose bis successor! shall bo deemed to bo a member of that Council, and all tho powors and jurisdiction vested in tho first-mentioned Commissioner as a member of that Council shall vest in his successor accordingly. The first part of Section 27 ; has been . amended to read as follows: — (1.) Any industrial union or' association which, or any'employer who, is-'a party to ah industrial dispute, may mako'application in writiug in the prescribed form' to the. Commissioner exercising jurisdiction within that part of New Zealand- in which the disputo has arisen, that tho dispute may be heard by a Council of Conciliation. . The word "commissioner" is substituted for" "magistrate" in this and the subsequent sections. An amendment has been made in subsection 3 of Section 32, providing that no barrister or solicitor shall bo allowed to appear or bo heard boforo tho council. The words, "unless all the parties to, the dispute expressly consent thereto,,:or.unless he is a bona-fide employer or worker in the industry to which the disputo relates," have been struck out. A now subclause has been added to Seotion. 35 providing that an agreement shall ba doomed to be duly executed if it is signed by the employers employing a majority of the workers to be bound by tho agreement, and by the executive officers of the union of workers. , . Section 39, providing that parties may bind 1 themselves by memorandum of consent to accept the recommondatiou of the council lias been struck out. Sections 41 and 42 aro struck out and a now clause (42A) inserted as follows: "At any time beforo tho hearing of the disputo by the Court a settlement of tho dispute may be arrived at in the manner proscribed by Section 35 of the Bill." _ A new clause (44 A) provides that the definition of worker in Section 2 of tho Industrial Conciliation and Arbitration Act of 1908 is repealed, and tho following, substituted : Worker means any person of any ago of either sex omployed by any employer to do any work for hire or reward. Part 41 Miscellaneous. ■ Under this heading there are amendments enabling thrco employers and fifteen workers to register as unions. To Clauso 53 a new subclause relating to pormits has been added: "No permits shall bo granted to any'person who is not usually employed in the industry to which tho awaril applies." 'i'wo new clauses (66 A and 56 B) havo been addod. The first provides that the Court in making its award may direct that any pro-, vision of tko award relating to the rate of wages to bo paid, shall bavo effect as from tho date of tho recommendation of the Commissioner. Tho second states that an award or industrial agreement shall not affect tho employment of any worker who is employed otherwise than for tho direct or indirect pecuniary gain of tho employer. Section 57, regarding tho needs and tho exertion wago, has been struck out. Section 60, which provides .that; assessors

be. added to the >Court of Arbitration, has been struck out. , ' The following new has been added to the BUI:—60A: (1) .The provisions of an award shall continue in foreo tmtil the expiration of the period for tf.bich it ivas made, notwithstanding that before such expiration any provision is made by. any, Act that is inconsistent with the award, unlessi in that Act the contrary is expressly provided. (2) On the expiration of Ahe said period the award, modified in accordance, with the law then in force, shall continue in force until a new award is made, and every such hew award shall be in accordance with that law. A LABOUR MEMBER'S' VIEWS. Mr. Arnold, whose views as a- Labour member in regard to the Bill as a'imanded were sought, stated Hi at he thought the measure, if passed in its present form, wciuld prove fairly acceptable to both employees and employees. In view of tho friction' that had attended the working of the Conciliation Boards, he thought it was absolutely necessary that they should cease, and ', he regarded tho. new provision which stipulated for three representatives from each sidt', with tho addition of a commissioner, as; a stop in the right direction, although, of ct'urse, everything would depend upon the selection of the commissioners..- He thought that if the parties could be thus brought togefa'ier in friendly conference at least 75 per ceii t. of tho disputes would be settled by the intervention' ot the Court. He . regarded tho. striking out of the imprisonment clause as , very satisfactory indeed, the provision in regard to the attachment of wages being quite sufficient to ensure the enforcement o£ all findings. "Satisfaction," he said, "will also be felt amongst the . workers at the striking out of the needs and exertion wage clause. This is the only clause upon which a division of the committee took place, and it is only fair to tho Minister to say that i the credit of' almost every amendment belongs to him." Mr. Arnold also spoke approvingly of the alteration in regard to under- ; rate permits, the prori*ion for avoiding the clashing of awards with the statutory law, and the conditions under which awards may be suspended in certain cases. "In regard to strikes and lock-outs," he added, "a great improvement has been made in reducing the fines by striking out tho weekly penalties. Of course, it is to have both, ' arbitration and strikes, and I consider this is a fair attempt to meet the case. Of course, whether a worker shall have power to withdraw his labour in consequence of matters which the Court does not adjudicate upon is another matter. Generally I regard the Bill as amended as an improvement upon both the Bill as introduced and upon the Bill introduced last'year." EMPLOYERS' FEDERATION APPROVES. .The Employers' Federation approves of the principle of suspending an award when a •strike takes place, and considers that the suspension should be automatic, without waiting for a sitting of tho Court, or the hearing of the case by a magistrate. Giving evidence on this_ point before the Labour Bills Committee,"Mr. W. Pryor, secretary of the federation, -said, as officially reported: "We feel that where a strike has occurred, neither the employers nor any other of tho parties should be bound by the terms of the award. As a matter of practice now, I presume, as; say, in the case of the bakers' : strike in 'Wellington, had the employers not been able under the circumstanoes to abide by the provisions of the award strictly, the Department /would not' have taken action against them; so it is only asking to hav« made law what is the existing practice.: I take it that that might be. fairly claimed to be the. practice,of the Department, because I feel sure, from my own knowledge of. the fair method by which the Department conducts its .business, it would never take action against employers placed in such a .position." Mr. Pryor. went on to.urge that the suspension of an award under such circumstances should not be partial, but should apply to all who were working under the award. The federation regarded anything less as impracticable, and thought Parliament would agree to it. y THE TAKINC OF EVIDENCE. The Labour 1 Bills Committee examined nineteen witnesses on the Arbitration Act Amendment Bill, the majority being repre? sentatives of Labour organisations. The taking of evidence began on July 24, and the committee concentrated all its' attention on tho Bill, postponing in its favour all, the other measures' which it had to deal with. Sittings were held about three days a week, the last being yesterday afternoon. "Tho Bill," said Mr. Tanner,- chairman of the committee, "was reported at the earliest possible moment. To' indicate the amount of work that had to be done after'the taking of evidence, I may say that during a single morning cne hundred and ten resolutions making alterations in the' Bill were carried." RESOLUTION OF EMPLOYERS' . ASSOCIATION. , (Bf TELEGRAM—PE ESS A3IOCIITIOS ) Auckland, September 11. The Auckland Employers'' Association has passed the following resolution: —"That.in view, of the existing anomalies in the Industrial Conciliation and Arbitration Act, and in the interest of the very great number of persons now seeking employment, we desire to draw tho special attention of the Government to the imperative necessity for either passing an amending Bill during the present session for the proper conduct and protection of the industries of the Dominion, or, failing this, that provision be made for the suspension of the operation of the Act until Buch a measure as referred to can be passed."