INDUSTRIAL CONCILIATION BILL.

Evening Star, Issue 8554, 29 June 1891, Page 1

INDUSTRIAL CONCILIATION BILL.

It may be presumed that there is no difference of opinion at the present day, and in the face of the costly experiences of the last two or three years, that some means if possible should be devised for the settlement of disputes between employers and their workmen without resort to lock-outs or strikes. In either case the results must be disastrous not only to the. parties immediately concerned, but indirectly to the whole community, who suffer from the limitation of production and the diminution of the spending power of sections of the people, more or less numerically important Too frequently an industrial crisis is brought about by causes insignificant in themselves, which might easily be dealt with wero effective tribunals established, having the confidence of employers and employed, to which differences might bo referred. Ninety-nine quarrels out of a hundred in business or social lifa arise from misunderstandings; and these may usually be cleared up if, in the initiatory stage, there is the opportunity of doing so and the questions at issue are approached in a conciliatory spirit. The circumstances M'hich give rise to strikes are almost innumerable. It has been stated on authority that in the United States in one year there were something like 300 causes of differences between employers and employed to which this ultimatum was applied. That many of these must have been trivial at tha outset is manifest.; we can well understand that the differences must have been aggravated by bad judgment on one side or the other. In, this Colony the leading principles, of the relations which should exist between capital and labor are very generally accepted. The rate of wages and the hours of labor, for instance, are seldom in dispute "a fair day's pay for a fair day's work " is the rule. The matters at issue beyond these would, in most instances, admit of* settlement if discussed on their merits, and reasonable consideration was given to the facts. In accordance with the announcement through the mouth of His Excellency at the opening of the session, Ministers have introduced the Industrial Conciliation Bill, which purports to encourage the formation of " industrial unions and associations " and to facilitate the settlement of industrial disputes. The machinery of the Bill is very elaborate, and we can hardly do more in the present article than give a brief sketch of the leading provisions. It has to be noted in the first placethat the proposed " industrial unions " will be quite distinct from the existing trade unions, although any of these may be registered as, and accept the constitution of, the former. It is provided that any number of persons lawfully associated for the purpose of protecting or furthering the interests of employers or employes in any industry n-ay register their society as an industrial union in the manner prescribed ; and any council representing any number of such unions may register as an industrial association, in compliance with certain requisites detailed. The leading object of the constitution, of these bodies is shown in the next part of the Bill, which relates to "industrial agreements." These may be made between unions and associations, or between unions and associations and any other persons in reference to industrial matters, or for the prevention and settlement of disputes. Every such agreement is to be binding on the parties thereto, and, in default of compliance, the party making default will be subject to a penalty in accordance with the conditions ; or, if no amount be fixed, then in the case of a union or association to a penalty not exceeding £SOO, and in the case of an individual not exceeding £SO. Boards of conciliation of two classes are to be established—trade boards having to do with disputes in relation to one and the same industry; district boards for those arising in relation to several different industries. The former are to be constituted and their jurisdiction fixed by industrial agreement, and are to consist of any number of persons, one-half each to be appointed respectively by the employers and the union or unions of employes. District boards are to be constituted in manner prescribed in the Bill within provincial districts, and for all industries carried on therein. Every board of conciliation is, in the first instance, to endeavor to promote an amicable settlement of any dispute referred to it, and, failing this, is to decide the question according to the "merits and substantial justice of the case," or they may "absolutely refer any "matter before them for settlement "by the Court of Arbitration." If any union or association is dissatisfied with the decision of any board, they may by petition bring the matter before the Court for final arbitrament. So far the provisions of the Bill appear to be fair and reasonable. The boards of conciliation, we can quite believe, would work well and dispose of many differences which, without the means of reference to an easily accessible tribunal, might develop into serious trouble. In regard to the courts of arbitration, we are not able to take so favorable a view. It is proposed that there shall be a court for each provincial district, appointed by the Governor-in-Council, consisting of a. president and two other members, called "assessors," one of whom

" may be recommended by unions or ««associations representative of em"ployers, and one by unions or "associations representative of employes, within such provincial dis- " trict; but no recommendation shall "be received from any unions or " associations in respect to the president of the Court" The Executive of the day would therefore practically rule the Court, in accordance, of course, with their policy on the labor question. Jurisdiction is given to the Court for the settlement of all disputes referred to it by any board of conciliation, or by any industrial association, or by petition, or by way of compulsory arbitration, as specially provided for, or by industrial agreement. The award is in all cases to be final, and no proceedings in the Court "shallbe impeached "or held bad for want of form, nor " shall the same be removable to any '' court by certiorari or otherwise." "We now come to the most remarkable and most decidedly objectionable feature in the Bill, which proposes practically to take the economical and disciplinary management of the railways out of the hands of the Commissioners. "The " management of Government railways " under the Government Railways Act, " 1887, shall be deemed to be an " industry within the meaning of this " Act ; and, notwithstanding anything " contained in the Act in this sec"tion first mentioned, the Railway " Commissioners appointed thereunder "may make an industrial agreement "with the Amalgamated Society of "Railway Servants, and either the "said Commissioners or the said so- " ciety may refer any dispute between "them to a couit of arbitration. " . . . . The said society may be "registered as a union under this Act, " and the Commissioners shall be " deemed to be employers within the " meaning and for the purposes of this "Act."' In case the Commissioners should neglect or refuse to agree with the society to refer any matter of dispute to a court of arbitration, the society may petition the Court to hear and determine such dispute ; and the Court may summon the Commissioners to appear before them and submit the matter to their decision, and " may compel the " attendance of the said Commissioners " for such purpose." It is not difficult to judge how this would work out under the present Ministry, several of whom (including the Minister of Public Works) have expressed somewhat strong opinions as to the administration of the Commissioners in regard to itteir conduct towards the employes; and when we consider further that the Ministerial policy is directed by the same influences which sought during the labor troubles last year to coerce the Commissioners in vital questions of discipline. The Bill provides for compulsory arbitration in all cases •where the Colonial Secretary is of opinion that any industrial dispute should be thus settled.