PREVENTING STRIKES.

Marlborough Express, Volume XLII, Issue 217, 12 September 1908, Page 3

PREVENTING STRIKES.

AN IMPORTANT TRADE AWARD

The award of the Arbitration Court in the Southland timberyard and sawSill workers' dispute, filed at Dunedin, contains a.new and very important series of clauses with regard to strikes. The essence of these clauses is that if the workers- bound by. the. award strike, all the conditions of the award-with regard to hours, wages, etc., will at once cease to operate, and employees and employers will have to settle their difference by individual bargain. The memorandum of his Honour the President attached to the award fully explains the meaning of the. clauses. The "strike clauses" of the award are as follows:

STRIKES. (a) The union shall do all in its power to prevent any strike by any or the workers affected by to award, and if any strike shall occur m which any members of the union shall take part, such strike shall be prima facie evidence that the union has committed a breach of its duty hereunder. (b) If any strike by any of the workers affected by this award shall occur, then the operation of all the provisions contained in the- foregoing clauses of this award shall be suspended, and in lieu thereof the following provision shall come into force and shall remain in force until the further order of this Court, that is to say:— The hours of work, wages, and other conditions of work for all workers coming within the scope or tnis award shall be fixed by agreement between each employer and the individual workers employed by him. (c) The Court reserves leave to any party bound by this award to apply to this Court for an order under this clause declaring that a strike has taken • place or bringing into force again after' a strike has taken place the provisions contained in the toregoing clauses of this award. MEMORANDUM.

This award contains a new provision with regard to strikes, which the Court has decided to bring into general operation in future. It is necessary to explain the operation ot this provision. If a strike by any ot the workers affected by the award takes place the provisions of the award as to hours, wages, and other conditions will cease at once to operate, and thenceforth, during the currency of the award, the respective rights of the employers and workers as to these matters will have to be settled by agreement between the respective parties themselves. In other words, the workers by striking will deprive themselves of the benefits (if any) of the award, and incidentally of the benefits of the Arbitration Act. They will, however, during the currency of the award remain subject to the penal provisions of the itct with regard to strikes. These provisions will make it impossible for an awjard to be treated as a stepping-stone "merely, in the way or enforcing the demands of the workers. If after getting an award they strike, and the strike fails, they will not be able to fall back on the award, tout will have to be content with whatever terms they can obtain by individual bargaining with the employers. rhe Court ,has reserved power to itiself to bring into operation again the provisions of an award after a strike lias taken place. This will enable the Court to obviate the hardship that might otherwise result when a small section of the workers affected by the award engage in a strike without the sanction or connivance of the union. Mr McCullough does not approve of the provision by which the operation of an award is suspended automati-

cally when a strike takes place. He thinks that the operation of the award should only be suspended after the Court has investigated the matter, and satisfied itself that a strike has taken place. W. A. SIM, Judge.