DRASTIC AMENDMENT.

New Zealand Herald, Volume XLV, Issue 13583, 12 September 1908, Page 6

DRASTIC AMENDMENT.

STRIKES OF THE FUTURE.

' SOME NEW PROVISIONS.

AIDING AND ABETTING.

[BY* TELEGRAPH.—SPECIAL CORRESPONDENT.]

Wellington, Friday. The Industrial Conciliation and Arbitration Amendment Bill was reported from the Labour Bills Committee to-day. To clause 4 a new clause has been added providing that when a strike or lock-out takes place, and a majority of the members of any industrial union or industrial association are at any time parties to the strike or lock-out, the said union or association shall be deemed to have instigated the strike or lock-out. In clause 5 there are several amendments. The continuing penalty of £1 a week during the continuance of a strike is struck out, and in substitution there is an amendment providing a fine not exceeding £10. In regard to a lock-out the £50 a week penalty gives place to a fine not exceeding £200. In clause 6, relating to offences in connection with a strike or lock-out by persons not parties thereto, the fine for aiding and abetting a strike or lock-out remains the same, viz., £10 and £200. Subsection 3 now reads as follows : —" Every person who, while such strike or lockout is taking place or impending, publishes in any newspaper any expression of approval or otherwise, whether by himself or by any other person, of the unlawful action of any person in relation to that strike or lock-out, is liable to a fine not exceeding £50." It is also provided that for the purposes of this section a strike or lock-out shall be deemed to be a continning offence. It is further provided that a strike or lock-out shall be deemed to have ceased when declared "off" by resolution of the union of workers or employers affected, or when the industry, effected is again in full work. SPECIFIC CASES. In clause 8, which deals with special penalties with respect to sinking without due notice by workers employed in certain specified industries, the notice of striking is reduced from 21 to 14 days, and the fine is increased from £10 to £25, but the imprisonment provision is struck out in the certain specified industries to which the section applies. " The manufacture or supply of bread" is struck out, and " terry" has been added before " tramway." The provision regarding industries in which a strike would result in danger to the public health or safety has been struck out. In sub-section 3, the imprisonment provision is struck out, and the punishment for aiding and abetting is, in the case of a worker, £10, or, in the case of an industrial union, association, trade union, employer, or any person other than a worker, £200. SUSPENDING REGISTRATION. In clause 10, regarding the suspension of the registration of a union convicted of certain offences, a new proviso has been added to sub-section 3, providing that in making the order of suspension the Court may limit the operation of this sub-section to any industrial district or districts, or to any porton thereof. ENFORCEMENT OF AWARDS. To section 20, regarding enforcement of judgments, a new proviso has been added, providing that in any application by an inspector of awards for an order under section 27 of the Wages Protection Act, 1908, for the attachment of wages of any defendant, such order may bo made in respect of the surplus of his wages above the sum of £2 per week in the case of a married man, and> of £1 in any other case. Section 21, providing that, "on notice from an inspector of awards the amount of judgment is to be deducted by the employer from moneys due defendant," has been struck out. CONCILIATION. Under this heading a new clause has been inserted as follows :— "26a— (1) The Governor may from time to time appoint two persons as Conciliation Commissioners (herinafter referred to as Commissioners), to exorcise the powers and jurisdiction herinalter set forth. " (2) One of the Commissioners shall be appointed to exercise his functions throughout the North Island of New Zealand, and the other Commissioner Khali be I appointed to exercise his functions { throughout the South Island of New Zea- ! land. " (3) Each Commissioner shall be appointed for a period of three years, but may be reappointed from time to time, and may at any time be removed from office by the Governor. " (4) Each Commissioner shall receive such salary or other remuneration as is from tune to time appropriated by Parliament for that purpose. " (6) If on or before the expiry of the term of office of any Commissioner he is reappointed to that office, all proceedings pending before him, or before any Council of Conciliation of which he is a member, may be continued and completed as if he bad held office continuously. (sa) If from any cause the Commissioner is unable to act, the Governor may appoint some other person tc act in his stead during the continuance of such inability, and while so acting, the person so appointed shall have all the powers and jurisdiction of the Commissioner in whose stead he is acting. " (6) If any Commissioner dies or resigns his office, or is removed from office, or if his term of office expires without reappointment, all proceedings then pending before him, or before any Council of Conciliation of which he is a member, may be continued before his successor or before the said Council, as the case may be, and for this purpose his successor shall be deemed to be a member of that Council, and all the powers and jurisdiction vested m the firstmentioned Commissioner as a member of that Council shall be vested in his successor accordingly." OTHER AMENDMENTS. The first part of section 27 has been amended to read as follows:— (I) Any industrial union or industrial association which, or any employer who is a party to an industrial dispute, may make application in writing in the prescribed form to the Commissioner exercising jurisdiction within that part of New Zealand in which the dispute has arisen, that the dispute may be heard by a council of conciliation." The word " commissioner" is substituted for magistrate in this and the subsequent sections. An amendment has been made in sub-sec-tion 3 of section 32, providing that no barrister or solicitor shall be allowed to appear or bo heard before the council. The words "Unless all the parties to the dispute expressly consent thereto, or unless he is ft bona-fide employer or worker in the industry to which the dispute relates," have been struck out. ( A new sub-clause has been added to section 35, providing that an agreement shall bo deemed to be duly executed if it is signed by the employers employing a majority of the workers to be bound by the agreement, and by the executive officers of the union of workers. Section 39, providing that parties may hind themselves by memorandum of consent to accept a recommendation of the council, has been struck out. j Sections 41 and 42 are struck wit, and ] a new clause (42a) inserted, as follows: ;

"At any time before the. hearing of the dispute by the Court a settlement of the dispute may be arrived at in the manner prescribed by section 35 of the Bill." A new clause (44a) provides that the definition of worker in section 2 of the Industrial and Arbitration Act of 1908 is repealed, and the following substituted :— " Worker means any person of any age, of either sex, employed by any employer to do any work for hire or reward." MISCELLANEOUS. Under this heading there are amendments enabling three employers and If workers to register as unions. To clause 53 a new sub-clause, relating to permits, has been added : " No permit shall be granted to any person who is not usually employed in the industry to which the award applies." Two new clauses, 56a and 56n, have been added. Tho first provides that the Court, in making its award, may direct that any provision of the award relating to the rale of wages to be paid, shall have effect as from the date of the recommendation of the Commissioner. Tho second states that an award or industrial agreement shall not affect' the employment of any worker who is employed otherwise than for the direct or indirect pecuniary gain of the employer. Section 57, regarding the needs and the exertion wage, has been struck out. Section 60, which provides that assessors be added to the Court of Arbitration, has been struck out. The following new section has been added to the Bill: " 60a (1) The provisions of an award shall continue in force until tho expiration of the period for,which- it was made, notwithstanding that before such expiration any provision is made by any Act. inconsistent with the award, unless in that Act the contrary is expressly provided. (2) On the expiration of the said period, the award, modified in accordance with the law then in force, shall continue in force until a now award is made., and every such new award shall be. in accordance with that law." '