The Dominion. WEDNESDAY, NOVEMBER 9, 1938. INDUSTRIAL ARBITRATION IN PERIL

Dominion, Volume 32, Issue 39, 9 November 1938, Page 10

The Dominion. WEDNESDAY, NOVEMBER 9, 1938. INDUSTRIAL ARBITRATION IN PERIL

The attitude of the Federation of Labour toward the Second Industrial Court of Arbitration raises important issues wffich the Government cannot afford to ignore. This court was established in oruci to overtake arrears of work which the first court had been unable to cone with. Labour unions had complained, and with justice, ot the delays which had taken place in the hearing of industrial disputes which it had not been possible to settle at the conciliation proceedings and o meet the situation the Government appointed the second comt, it be n s understood that its tenure of office would be for a period oftuffive months. It was hoped that in that time the arrears would have been overtaken, and that the original court would then be able to cope with This hope has not been realized. Complaints still continue to be made of delays in disposing of matters in dispute, and the position generally appears to be very much as it was when the second comt was first appointed. The courts are not to blame for this state of things. The fact is that the claims of the workers unions have grown, and*more issues have been carried over from the conciliation proceedings to the court for decision. Moreover, the court proceedings have been prolonged by exhaustive argument, and the calling of evidence involving on occasions technical issues which, though familiar to the parties to the dispute, are often difficult for the members of the court readily to grasp. Many of these issues should have been settled durin<v tlie conciliation proceedings, but in the atmosphere which prevails today it is less easy than in past times for the parties to reach agreeSo both courts continue to be overloaded with work, and dissatisfaction over the delays which occur is widespread and understandable. It is quite another matter, however, when a section of the workers takes steps which have the effect of preventing the second court from carrying on its work. It has been stated that these workers are dissatisfied with the decisions of the court, and, to put it mildly, have discouraged labour assessors from acting as members of the court. As the term of life of the court expires on the 22nd instant, this attitude may appear to be a matter of small consequence. The principle involved, however, is entirely wrong. . The Arbitration Court is a court of equity and justice, and its decisions are final, and should be binding, on all the parties concerned. If the principles of conciliation and arbitration are to continue to operate under our industrial law, then the courts must be free fiom any suggestion of outside interference or intimidation. No body of workers or employers should be in a position to interfere with the constitution of the court or to make it ineffective in the performance of its duties. Owing to the term of appointment of the Second Court of Arbitration expiring within the next fortnight, it would seem that nothing can usefully be done in the meantime to restore it to its effective numerical strength. It is obvious, however, that the Government cannot shut its eyes as to what has been going on without imperilling the whole system of settling Industrial differences by arbitration.