ANTI-STRIKE CLAUSE.

New Zealand Times, Volume XXX, Issue 6623, 12 September 1908, Page 11

ANTI-STRIKE CLAUSE.

AMUTIIiAITOX fiOITR'C’S HDICT. SOME INTERVIEWS. Bovoriil intcrviov/n won, soul'll!/ torday by a ‘Ti.r-cS** -V 1 ' livo m K anli.i« Ihf lat-st ulttiis., of Uio Arbitration < ourt : (n.) The union nlia.ll ilo nil in ‘J* U, pro.ont, any sU’iko hy .uij I”” urn all po tod hy turn awaril, umi “ - strike Hliall w«( i’ l * ti ' ul ’) l ‘ l . „,. r i'kn irf the union shall taku ‘‘■j 'V-.,, ili it I,lm nil all bo pi’ima . Inn o oy_ ■ « “a- dul union haa committed. a m-aui oi j • Jauroundoi*. , & k ixrLoi ir£ H M'hfl hours nf work, wuroh, ami other con«^s;s"sss a.wasa s= »«■»■» »> "A FOMTIOAIi FRANKHNSTETN.” MOST DISASTROUS PUTDOISDENT-

in tl.o way of £■ * ; o wider aron. and 11 J‘ lL ~ m f or U, oriuito atr.koa than hiell this roafion . J uko on. lu ..... it inul already boon m.pliod-tluWi< ai onf Union of Oanlorbury. U*«™ - tliaturbanr.o may oy.c nr m out •_ _ Which would result m tho mon lo.» U, work and as tho award would auto mafcically bo annulled, thoro would inevitably rwidlt a »tnl«> over bho «hole industrial district, booauso tho sho.i - ors as a ohms arc not tho men w! would stand being punished loi -■ oltouoo tlmy had not committed. i y would adopt reprisals. i s “fn tho case ot waterside workers, a disturbance may take place on om boat, perhaps through a .stevedore being out of temper, which would result in mon ceasing work on that boat. If that is to annul tho award under which tho whole of tho men arc operating, the union could not occupy tho position of black-logs, but would inevitably have to follow sult > support of tho notion of the men who had como put; that is, it the offence is going to bo treated as an offence ol the whole hotly. But tho trouble may probably go much further than that, for if one part is affected, our lonoration, which governs most of the affiliated unions throughout Now Zealand, would undoubtedly take action. “It can bo readily soon, then, that the ruling of tho Court may have tho disastrous results of precipitating a general strike all through New Zealand. it must also bo taken into account that wo have nows almost every week of tho creation of now federations. Already a largo number of tho trades tuid industries aro federating, and those federations are not going to have their unions taken in detail and their organisations crippled hy this moans. Already the Now Zealand Waterside Federation has taken tho matter in hand on behalf of tho unions connected with it, with a view to testing tho statutory powers of the Court.

"I note that employers in Cantorboxy think it will bo necessary to got an interpretation of what tho Court means by this remarkable now clause. It appear to mo that a clause which requires a memorandum to’ explain it, and thou an interpretation of both clause and memorandum, shows tho howling abound it,v of tho wholo matter. In my judgment this clause is not a decision in arbitration at all. Arbitration means a .settlement of matters of difference which have arisen between parties. This particular question has never been presented for settlement to any other body than the Legislature of tho country, and it is most disastrous precedent for any Court to take upon itself tho function of tho Legislature. ‘■Apart altogether Jrom how this olauso may affect tho union or worker, I am bitterly opposed to it, on tho ground that it is, in my opinion, an imitation of tho corruption known as. judgo-mado law which is now so rampant in tho United States of America. As a councillor of Wellington City, I note that tho Compensation Court is in a may analogous in character and function to tho Arbitration Court, and one cannot conceive of a Compensation Court interfering with its award, either by way of altering or suspending tho same, after such an award has beon given, save on the application of all tho. parties concerned. Were a Compensation Court which had decided that a certain prico should bo paid say by tho corporation, for a piece of yfr" , ' v 18 uudor tho Public tVorfa Act, to aftoiwards snspond or annul an award which it had given there would bo such a howl against its procedure as would prevent any repetition of such a corrupt mode of 1 judicial administration.” 'T«- m *? created,” observed Mr McLaren in conclusion, “a kind of Bnd\h f r* banket,stein Jl ? double is to know whether Jro will not hare to finally destroy monstor before wo regain liberty of action,” 1 -tub employers’ iteration. WHAT ‘WAS 'WANTED. *i/ a Lid MxV'rSrrOf the Employers’ Federation ‘Ve consider it is a step in the right tw tW >l.° fcdoratio ’ l always bold that with one party to an award objecting to obey its provisions and adopting strike tactics, 'it is quite un-’ tair that tho other party should bo' bound by tho award. Tho striko clauses in tho various awards have evidently been well thought out and carefully framed, and havo been added to owing to tho’ growing revolt of tho workers. Those amendments have well mot tho position as it has doveloj cd. ‘Tn tho Wellington Wharf Labourers? award, dated March 24th last, only ono clause dealing with strikes is inserted, providing that if any strike shall occur it shall bo prima faoie evidence that tho union lira committed a breach. In tho Gisborne Waterside Workers’ award, dated May 28th, tho Court reserves power, on a strike occurring, to suspend the operation of all or any of the provisions of tho award. Thun in tho Southland Sawmillors’ dispute wo havo tho definite provision made—a general ruling—that on a strike taking place tho whole machinery of the award applying to tho particular industry becomes

inoperative. The equity of this provision should he at. onee apparent when it is considered that if the councils and unions or workers were really desirous of preventing strikes no industrial disturbances would arise and tho need for strike clauses in the awards would not exist. Tho unions must he licit! responsible for tho strikes, anti (his being so they cannot expect'in the event of a strike taking place to continue enjoying the advan-ta,i'c,-i secured under an award of tho Court. ” . , “Tho main point of objection raised ■uciin.st fin, ic-w strike provision, that aU.mall section of workers going 'out on strike might involve uie u hole body of a trade in an industrial disl.rict lias ” declares Mr Pryor, ’‘little foundation.” Ho takes it that l \’e Court in reserving the right to again put the award in operation did so expressly for the purpose of moo-ing s uel, ;i, position. When only a lew workers break tho law by S.oin" out (he strike is but, of very brier duratioo- I- «•* it is loyal to t.lO L'L t Ue place of tho to provide mon to take tuc strikers- ami under such circumstances the Court would immediately, on -Rw plication being made to_ it, put Uie award into ojieration again,. ‘Tt is plain to me, concluded Mr Pryor, “that in Huso mrcunwlauoes Hio suspension of the operation of the award would be merely » technical ~s far ns tho general body nM-boie interested was concerned. In fact there is qbfolutoly nothing, to fe'ir' from this inspect of tho stnko clause if the Union is loyal to the a. ward. ” an' iron-founded. JUST THE CURE FOR STRIKES. Mr David Robertson, ironfoimder, thoroughly approved the now finding and declared it to he tho best remedy for » strike ho had seen— “that is, while tho conditions wo have to work under continue.” If tho unions, he .says, want to support the Arbitration Court they must abide hy its decisions, as the employers arc compelled to do. Something must ho dime to make t ie legislation fair to both sides. the employer should not bo martyred to olepsc tho employee. ' Mr Robinson would “wipe tho slate of all labour legislation,” and return to tho old order of things when master and man worked amicably together, „nd when nil wore hotter off and industry "'as on a sound and safe basis. THE LAST STRAW. URSUR-RING LEGISLATIVE RIGHTS. Mr E. J. Carey, secretary of the Cooks’ and Waiters’ Union, said—“ For tho past two or throe years tho trade unionists of Uio Dominion havo boon protesting against tho usurpation hy tho Arbitration Court of tho powers of Parliament. Two years ago tho Trades Conference urged tho Government to amend the Act, so that it would not bo within tho power ot either the Board or tho Court to make provisions their awards and recommendations wnicii would deprive the workers of privileges already grantoil by tho various labour laws. Tho imposition hy the Court of provisions overriding those laws has been one of tho main causes of tho past industrial unrest. The latest action Court is about tho ‘last straw’.’ Ihe insertion of this now clause practically does away with the necessity of the anti-striko clause in the new Bill. Tho refusal of tho Court to make an award in tho Farm Labourers’ case liolpod tho Government out of a dilemma. This innovation also conics most opportunely for tho Liberal party. If much opposition is shown to tho anti-strike clauses when the Arbitration Bill comes up for its second reading, they can ho conveniently dropped, and Mr Millar and tho Attorney-Genera,! will take shelter behind tho President ot tho Court, as conveniently as they will do when tho matter of tho Farm Labourers again coinos up. “Tho new clauses aro undoubtedly a usurpation of what should ho the duty of tho Legislature. In view of tho proximity of tho elections, Liberal members aro diffident about supporting the now famous anti-striko clauses. Tho President of the Court has given them a splendid loophole. A stop which Parliament has boon dubious of taking, has been taken, and so far as tho electors are concerned in- tho matter they are helpless. The Court was originally intended to bo tho arbiter in tho settlement of disputes. It was never intended that it should havo power to bind workers down to unjust conditions, but while offering a moans for a peaceful settlement should also leave them freo to uso thoir combination to still further thoir interests. It is now a caso of pure fight or solo reliance on the judgment of tho President of tho Court,

"Tho position now created ought to convince tho workers of Now Zealand of tho necessity of following tho advice of the last two Conferences and to roly rather on their own organisations and political action instead of relying on the Arbitration Act, which under tho present system will continue to bo nothing less than a continuous experiment.” TO PROMOTE STRIKES. Mr Wostbrooko, secretary of the Trades and Labour Council, remarked without heat that so far from_ tho new clauses being preventive of strikes they would assuredly promote strikes. At tho end of every award in each trial district it is provided that an| award of tho Arbitration Court, shall be doomed to bo operative until tho expiration of tbo time set down. It can then be superseded by a further award of the Court. But under tbo "promotion of strikes” clauses all this was changed. Supposing a few uuionj s j a at —say Wanganui—dissatisfied with an award, struck, it would bo perhaps natural enough for tho whole of tbo workers in that particular trado in tlio industrial district to support their comrades by striking. This meant, of course, that under such conditions any award that existed up to tho timo iff tho strike would ho null and void—which in his opinion seemed to bo a most extraordinary position. LOOPHOLE FOR EMPLOYERS, OPINION OF A CANTERBURY UNIONIST. TOES 9 ASSOCIATION. CHRISTCHURCH, September 11. Mr P. F. Darcy, representative of *

tho Shearers’ Union, when questioned on tho subject, said tho “strike, olaur.o ’ was diamterieally opposed to the principle underlying tho Arbitration Act. It was tho intention of tho Act in abolish sweating, but tho eifect of the 'clause would bo merely to secure compulsory industrial peace, which was a very different thing to that which was intended. Dealing with the specific caso or the application of tho clause to the shoar-i-vs’ award, Mr Darcy said any attempt to put the clause into operation would result in the destruction of tho award. Anyone who know anything of tho condition of shearing would realise that it was impossible for the union to exercise control over ail tho sheds. Tho mon wore isolated from one another, and if cho shearers in any particular oliod struck work (which they could do without consulting the union;, then tho whole fifteen hundred men engaged in the shearing industry would havo to suffer on account of the action of tho few.

Another point Mr Darcy made is that the clause would render it possible for any disaffected employer, who thought the Court had awarded too high a rato of pay, to prompt a handful of non-unionists to join tho union for the purpose of committing a strike involving the whole union. The result would bo that tho award would be cancelled, thereby giving tho award and tho union into tho hands of nonunionists,