CONCILIATION AND ARBITRATION.

Lyttelton Times, Volume CXX, Issue 14975, 22 April 1909, Page 9

CONCILIATION AND ARBITRATION.

AN IMPORTANT DECISION. [Per Press Association.] AUCKLAND, April 21

One of tho most important decisions emanating from tho Arbitration Court since the passing of tho Conciliation and Arbitration Act of last session was given this morning by his Honor Mr Justice Sim, in the matter of tho hearing of tho Auckland Hotel and Restaurant Employees’ Industrial Union of Workers’ dispute. When this case came before the Court the other day his Honor referred to the action of tho Union in refusing to lead evidence before the Conciliation Council, and said the Court would have to consider whether under the circumstances it would hear tho dispute. This morning his Honor dismissed the application. The following is tho full text of tho judgment of the Court:—“lt appears from the shorthand report of the proceedings in these cases before the Council of Conciliation that, although tho employers’ representative was prepared to discuss tho matter in dispute, the Union representative declined to do so or to assist the Council in any way to bring about a friendly settlement of the dispute. The question is whether in theso circumstances the Court should proceed further with the hearing of the dispute with a view of making awards. We accept Mr Long’s argument that the technical requirements of the law have been complied with and that the Court has jurisdiction to make awards in these disputes. The Court, however, is not bound to mako awards, and the power of the Court to refuse to make an award in any particular case has been explicitly recognised by the Legislature in the provision contained in section 72 of tho Amendment Act of 1908. Where tho workers in any industry not governed by ari award or agreement are not satisfied with the existing conditions they have one or two courses of action open to them. They may endeavour to improve their conditions by engaging in a strike, or, on the other hand, they may decide to avail themselves of the conciliation and arbitration system. If 'they elect to avail themselves of that system, they must be prepared to carry out the provisions of tho law in relation to the matter. Now the most important provisions of tho recent, legislation on the subject are those dealing with conciliation, and it is imperative that a dispute should not bo referred to this Court until all reasonable attempts have been made to settlo it in a friendly way under the system established by the legislature. . This court cannot allow tho provisions with regard to conciliation to be treated as a dead letter as they nave been treated by the union in the present case. The court has no power to refer tho dispute back to the Conciliation Council for further investigatiou. The only course in the circumstances is to dismiss the present applications for awards and thus leave the union free to start at the beginning again. If an honest attempt’ is made to settle the disputes by means of the machinery of conciliation and that attempt is not successful, tho disputes may then be referred to the court but not before. ■ It is desirable to add that the course adopted in this case; is that which the court proposes to follow in all cases in which it is clear that the party applying for an award has not made an honest attempt to settlo the dispute by conciliation. Of course, if the respondents to the dispute decline to discuss the matter in ft friendly way the applicant cannot be blamed for that, and in such a case the disputo may bo referred to tho court without any further delay.’’

Mr Long inquired whether it would be possible to bring the case before the .court again this session.

His Honor said if they could bring the case before the Conciliation Council quietly and it were found necessary 'to go on to tho Court it might be possible for the court to hear the dispute this .session.

His Honor added that ho could seo So reason why they should have any ifficulty in getting an award for restaurants and tea rooms, but he did not know how they were going to get one for hoarding-houses. It was impossible to bring boarding-houses into one category. Of course, if they could sjfrt a workable scheme, well and good, but it was no use asking the Court to •make an award which would have the .effect of closing up half the boardinghouses in the city.

Mr Long said they desired chiefly to pet at the largo private hotels which were in competition with the licensed Nouses.