ARBITRATION ACT.

Evening Post, Volume LXXXIII, Issue 86, 11 April 1912, Page 2

ARBITRATION ACT.

VARIOUS AMENDMENTS WANTED. LABOUR DELEGATES' OPINION. Many phases of tha Arbitration Act were discussed at the Trades and Labour Council yesterday after The Post went to press. Mr. ' Bui'goyne (Canterbury) moved: — "That the Conciliation and Arbitration. Act be amended to provide — That any person or corporate body engaged in an industry shall be bound by the • full terms of au award, and the clauses in the Act giving power to the Commis-' sioner and Court to grant exemption be repealed." Mr. W. T. Noot (Wellington} moved as an amendment, that all remits dealing .with alterations to the arbitration, be deferred, that a committee be set up to draft a uqw. Arbitration, Act. Mi*. ■ Naughton seconded the amendment. The idea was to suggest necessary amendments to the Act. Mr. G. R. Whiting " (Christchurch) held that it would be impossible to setup a committee that would deal with the matter before the conference terminated. Mr. Noot : No time is specified in the amendment. The committee need not necessarily be a committee of the council. Mr. Whiting went on to urge the absolute necessity of the Government setting a standard for private employers. "In a further reference- .to his^ motion r Mr. Noot suggested that Mr. Tregear's service on the committee would be very valuable. The discussion was continued for some time. In the main complaints regarding exemptions were ' directed against local bodies. One delegate declared that some local bodies which had been exempted from the scope of an award worked their men as long as they liked — as long as there was daylight— ■ without the payment of overtime. The 'amendment was lost- and the motion, was carried on the voices. GENERAL APPLICATION. Mr. G. R. Whiting (Canterbury) moved : "That the Conciliation and' Arbitration A«b be amended to provide — that wfifn an award is made to apply to any industry, the Court shall make the award to apply to the whole of the employers and employees engaged in such industry within the industrial district, if application is made by I any party to the award to that effect." He claimed that it was right for all employers to be brought under an award where one existed. Mr. Cordery (Canterbury) seconded the motion, which was carried- on the voices. My. Reader (Timaru) moved as an amendment : "That the provisions in the Arbitration Act; which gives- the Court power to add all parties in th© trade or calling ' to be parties to the award be mads mandatory." Some doubt arohe as to what the actual provisions of the Act were "in this respect and both the motion and thd amendment were temporarily held over; COURT'S POWERS. ' Mr. Sullivan (Canterbury) moved :— "That any section of an' award agreed to by the Conciliation Council shall noE be altered by the Court of Arbitration, except in so far as it is necessary -to correct legal technicalitiee or to prevent the nullification of other portions of an award." . -' This was agreed to'<sn-the Voices. Mr. Colemaii (Gisborne) moved : w That all workers, including domestics, be brought under the J Conciliation and Arbitration Act." '* " ' *■-'•■ . This .was* seconded ,. by , -Mr. Breen' (Otago). > , , _ Mr. Muir (Wellington) moved as an amendment : "That the , Conciliation and Arbitration Act be so amended ns to give all workers the right to work under the Act if they so desire." The motion was withdrawn and Mr. ' Muir's motion was carried on th© voices. It was also resolved "that where employers are filing counter-claims to a union's demands the same shall be in the hands of the union not later than seven days jprior to the hearing of the application." THE JUDGE. The- resolution of 'the Drivers' Conference, suggesting that th© Act should be 6O altered as to provide for the replacement of a Supreme Court Judge as president "by -a person of economic and industrial kuowledge," was next' considered. Mr. Forde (Southland) moved the endorsement of the resolution pro forma. Personally, ho said, he did not like the resolution. Mr. Breen (Ofcago) said that if they were going to keep the legal mind out of the framing of the awards of the Court they would certainly not keep the legal mind out of the interpreting of the awards • He did not think the conference should commit itself to anything regarding "the constitution of tho Court. The president said that the question of th« constitution of the Court had not been before some ,of the- councils. Mr. Reader (Timaru) supported the resolution. In his district it wae believed thafc^ Mr. Justice S«m, by virtue of his training, was unconsciously biased. The discussion was interrupted by the 5 o'clock adjournment. TO-DAY'S PROCEEDINGS. Mr. G. R. Whiting (Canterbury) said that he knew th© views of the Canterbury Council, and he was quite satisfied that they were in favour of replacing the Supremo Court Judge on the Court by a layman. Mr. Coleman (Gisborne) said that his council was of opinion that the legal President of the Court had practically killed the Arbitration Act. The motion was earned by 7 votes •to ; 3. The conference then went into committee to discuss the Unity proposals.