EMPLOYERS’ BOOKS.

Lyttelton Times, Volume CV, Issue 12539, 28 June 1901, Page 3

EMPLOYERS’ BOOKS.

THE ARBITRATION COURT’S POWERS OP INSPECTION. FURTHER REMARKS BY MR JUSTICE COOPER. before argument was continued at the Arbitration Court yesterday in the dispute in connection with the tannery, fellmongery and allied trades, Mr Justice Cooper, President, suggested that the employers in Canterbury should do as those in Dunedin had done. The latter had allowed the Court to visit their counting-houses and obtain information from the books kept there. His Honor asked the workers’ representatives if they desired to see the books themselves. Mr J. Milne replied in the negative. ; Mr G. Bowron, one of the representatives of the employers, said that they had heard something of what had taken place in Dunedin, and the position there seemed to be a very fair one. Of course, 1 however, a good deal would depend on the books and documents the Court would like to see. The employers might desire to argue as to whether certain documents should be disclosed. His Honor said that in Dunedin notices had been served that certain books and documents should be submitted. Mr Bowron said that the employers here had received only a general notice under the Act to produce all books and documents bearing on the case. , '

His Honor said that some specific books should be referred to in the notice. The same difficulty bad arisen in Dunedin, but ultimately the employers there had agreed to the Court visiting the counting-houses and obtaining such information as it considered reasonable and necessary to enable it to como to a proper understanding in the matter. That was what he suggested should be done in the present case, that the Court should hear evidence, and, before making an award, should visit the business places interested and inspect the books. The Court was sworn to secrecy. Although it had no power under the Aot to inspect books in counting-houses, it had power to direct the production of books in Court. The Court, however, desired to place the employers at a less disadvantage as far as business was concerned, though the obligation was placed on it of securing that information -which would enable it to make a proper award. There was no desire to pry into secrets in men’s business. It would be very inconvenient for the employers to bring their books into Court, and he did not think, any employer would object to allowing members of the Court to inspect the necessaiy books in the countinghouses. The Court was not only sworn to secrecy, but was prohibited by the Aot from allowing any person to know anything about it.

In reply to a question, by Air Bowron, his Honor said that the Court had the power to allow parties' to inspect the books, but even that power was guarded. The Act stated that nothing in. tire books shall be made public. The Court had' set forth in Dunedin that there must be a specially strong case before the parties were allowed to inspect employers’ books. The Court did ,not say that in this case an inspection would be necessary, hut the Cvurt should have a foundation to exercise that power which was necessary. There would be no injury to the employers. That tribunal had been set up for the purpose of keeping to itself matters which were confidential.

Mr Bowron said that the employers had absolute confidence in the. integrity of the Court. ,It was an act of much consideration on the part of the Court to’ offer to attend at business places, and there inspect the books, rather than insisting that they should be taken into Court. The employers quite fell in with the views .set forth by his Honor, but if the Court found it advisable or necessary to call upon the employers to produce some of their books, they would like to reserve the right to argue as to. whether more than a certain number of books should be asked for.

His Honor said that there might possibly'be, somo material which the employers might think was not essential to a determination of the question, and ■ should not be disclosed, whereas the Court might hold an opinion that the very material was essential. If that difficulty did arise, the Court would be quite willing to hear in Court what the employers had to say in regard to their refusal to give such information.

Mr Bowron said that the employers would be entirely satisfied with that. His Honor said he thought that the employers would be entirely justified in taking the course, indicated. His own impression, however, was that there would not be any difficulty. The members of the Court were reasonable men, and desired only reasonable information. They found in Dunedin that those who represented the Union were reasonable in that aspect, just as the workers’ representatives were here. Tbev had said: “We do not want to pry into businesses; we want the Court to get certain information, which we don't seek to know anything, about.” Of course, as he had said, the Court had no right to go to a man’s counting house without his consent, but its right' was to see that the books were brought into Coprt. After a few inaudible remarks had been made by Mr Milne, his Honor, addressing Mr Bowron, said that the trouble would not have arisen bad not the employers asked the Court to dismiss the application of the Union, on the ground that the Union (had not shown that the trade would be able' to bear the strain of the increased cost, in consequence of the workers’ demands. ■ ,

Mr Bowron said that it was true that the Union had not proved that the trade would bear the strain. j His Honor said that the (Union did mot know what profits were made by the employers. Mr Bowron expressed an opinion that profit and loss had nothing to do with the matter.

His Honor remarked that the Court did not say that because a mam made £IO,OOO a year the man he employed should receive £SOO a year, but the Court did say that it was material that it should consider whether the wages should remain as they were if the employers were carrying on at a loss. Mr Bowron: If it is shown that the employers are carrying on at a loss, are the men prepared to take off 50 per cent from what they have been receiving ? His Honor; lb is quite possible that in the exigencies of trade and adversity, employers will be coming here as the original parties to am application, for a reduction of wages. Mr Bowron; That time is coming soon, your Honor. His Honor: Well'. Irt ns hope it wall never come. In reply to a quest : o:i by Mr Bowron, his Honor said that the Court had most ample power to make such au award as it thonsht necessary in the exigencies of the case. '