LABOUR LAW.

New Zealand Times, Volume XXX, Issue 6623, 12 September 1908, Page 10

LABOUR LAW.

EMPOiRTANT AMJIXDM'KNTS OK Tina bill. CTSHD9 AiND JKXUIOTOX WAGE DISAFFTIAHS. IMITifSOXMMVI’ OLA USP gklhteij. Tnu Industrial Conciliation and Arbitration Act «h amcmioil by the Batumi- Bills Committee ira* returned to tlio House of Representative. y<;storday, Mr, Tanner ((Wman of the t'omniitlr'o) moWna that the report and minutes of proceedings and evidence which bad lie.cn taken bo printed. Mr Massey asked v.’heti it n*us proposed to take ibo Bid, Tho Minister of Labour replied that it would probably lonio up early next week. Anri tiler question elicited from the Chairman of the Babour Bills Committee tho fact that the evidence was Hn typo, and would bo printed itnmediatoly. The Premier stated that the Jell mould net come up for consideration ‘before Wednesday or Tlmrsda.v. This ■would kivo morabnrH full opportunity of •Krasidoriiifr tho evidence, AMENUM3D BILB HXI*LA;TNF,D.

Tho first important amendment in {ho Bill as it loft tho Labour Bills Oonrmittoo is in clause 4, where the dofiuitiou of “look out” is altered to ■sowar tlio act of any one employer, as Well ns a number. Under tho Act e 'it first introduced, a single employer ■oould not bo doomed guilty of a lockwtrL

"Whon o- strike or lock-out takes plrroo,” states a now clause, 4a, “and a majority of tho members of any industrial union or industrial association are at any time parlies to the atriko or lock-out, tho said union or ■Aasooiation shall bo doomed to have iuistigotod tlio strike or look-out.” STRIKE LAW. Tlio original continuous penalty for striking or causing a lock-out is demoted, and it is made clear that an Industrial union or employers’ association connected with an industry in respect to whioh there is no award may ;thriko or lock-out with impunity. A Strike or look-out baa been made a continuing offence, though a continuing penalty is not provided.

While any strike or lock-nut is taking phtco or impending, any person ■tvho publishes in any uowsjiapor any -expression of approval or othenvise of tho unlawful action is liable to a fine not exceeding £SO. A strike ooasco whoa it is declared "off,” dr when tho industry affectcel ia again in full work. XBIBLTO NECESSITIES. In regard to tho special industries connected with public necessities, the imprisonment of throe months for striking is deleted and the suspension of tho industrial union or industrial association for an oftenoo against the section is now placed in tho discretion of tho Court. Bnfad-rnaking is deleted from tiny list of trades concerned in tho section, and a general clauso bringing under tho operation of the section any industry tho suspension of which may cause danger to public health or safety, or damage to property, lias also been struck out. Persons employed in special industries must give fourteen days’ notice of thorn intention of striking. Tho power in th© original Bill., to trace from employer to employer men 'ivho bad noglcctod to pay penalties has boon struck out, and a provision substituted undor which tho Inspector of Awards nuiy Attach any surplus wages ovor £2 in tho «iso of a married man. and £d in tho case of an unmarried worker. CONCILIATION. The whole principle of Part 3, deali.ng with conciliation, hits been materially altered. The old Conciliation Boards are abolished, and instead of otrpondiary Magistrates being made chairmen of tho now Oonciliation Oounmis, two Conciliation Commissioners aro to ho appointed, ono for each ‘island. When a dispute occurs it will ho tlio duty of tho Commissioner to Inquire into tho matter himself, and then call upon tho parties to nominate. throe assessors. Tho Oommissionara have no vote and no power to make a 'ff ar ’d" Pure conciliation only is the lino upon which tho Conciliation Councils will run, but if both sides agroo to terms, those may bo converted into an award, whioh'will have all tho force of an award made bv tho 1 Arbitration Court. Such an agreement, however, must ho signed by a majority of the employers and by trade unions representing a majority of tho ■workers, otherwise the caso will automatically go before tho Arbitration Court. It ia expected that a good deal of tone will bo saved by tho Arbitration Court dealing only with tlio disputed points in tho oaso sent forward. Tho Conciliation Commissioner, when reporting to the Arbitration Court, will bo required to indicate whether the -settlement was prevented by the unreasonable action of either side. Pre’vision is made for a settlement between tho parties being given legal uffect, oven if the caso has been rcferred to tho Oonciliation Council. Those amendments, explained tho Minister of Labour when questioned by a “ Times ” representative, follow* then Knee adopted in older countries,! where the Board of Trade appoints a chairman of tho Con 'Hation Board. The Bill originally provided that the minimum number of persons forming «u industrial union should he twentytwo, but this has been reduced to fifteen, while tho minimum of members of employers’ associations is reduced from seven to throe. XTndor-rato permits can only be, to persons whoso ordinary occupation is in tho trade covered by the permit. _ Tho needs and exertion wage provision has _ boon deleted, the voting of tho committee being; For 3, against 5. This caused tho only division during tlio committee's proceedings. GENERAL ALTERATIONS. In regard to tho Arbitration Court’s power of calling for assessors, this is mado permissive in tho Court’s discretion, instead of mandatory. Tho definition of “ worker ” is widened considerably. “ Worker ” ia any person of any age, of either sex, employed by any employer to do any work for hire or reward. Awards shall only apply to employers or workers who aro engaged in an occupation directly for pecuniary gain. Tims, if a man is casually employed at gardening, not for tho employer’s pecuniary gain, neither the employer; nor his employee shall bo liable for a: broach) of -tho reward. TWa applies to

doiiiivilic servants in private houses, If any afiiemlmviit <J .statute law is adopt..l* dealing with conditions covered by an award, the provisions oi the award „li:ill continue in force notwithstanding, unless the contrary is specifically provided in tho Act.

THE EVIDENCE

SOME OP TUP, POINTS. The evidence covers C 4 pages of elosely-printed matter, from which it is only possible at present to pick out u few points, 0. It. Whiting, representative of the Pcderal.ed Bootmakers of New Zea-land-.—-The Federation strongly protest against the clauses dealing with strikes and )OcK-outs. We are of opinion that The clauses in this respect aro unnecessary and not justified in any shape or form. Wo consider that a number of the strikes which have taken {dace in New Zealand would never have taken place had there been machinery in existence whereby the disputes could have been settled without tho delays which have occurred in the oust. \Vn refer, of course, chiefly (o tho .slanghtermen’s strike and the Blackball .strike. Wo aro told that thero aro a number of .strikes taking placo at tho present time, Imt 1 do not know whether they can ho termed “strikes.” At any rate, 1 see nobody in Wellington appearing to he the worse for tho bakers’ strike, and as fains I can see, there is as much bread available to iho public ns there was before the strike. We are convinced that had there been machinery in the Act tn sottlo disputes without the delays which have occurred, those strikes would not have happened. We say, however, that, no matter how drastic the clauses of an Act may he, it would ho impossible to prevent strikes altogether. Von may lessen them by good legislation, hilt it would be impossible to prevent them. The clauses in the present Bill would only cause more strikes, in our opinion, than have occurred during the past fourteen years since the Act ciuuo into existence. We would sooner see a man imprisoned than have the right given to the employer to deduct from his wages any lino wdiich might lx, imposed upon him. Any member of this committee can dearly see the friction, the bad feeling which is likely to bo created between the employ: r and the employee every week when tho employer lias to deduct so much from tho employee's wages. V EUPETD ATXNG STRIKE 3. James Young, representative of the Federated Bootmakers’ Union:—lf it passes it is our opinion that it ought to bo called An Act for tho Perpetuation of Strikes. If a union strikes because an award is given which it considers imposus unfair conditions and the union is penalised under the Bill, then tho whole of the unions, we make bold to say, will rise up to assist it by voting money and by other means, and we believe that chaos will follow if this Bill passes. We wish to see it deleted, and to have substituted for it what wo have at present as tho law of this country. Wo .say this as a federation, that if men have been given an award, they should he penalised for breaking it. Wo do not want to aid and abet the breaking of an award, but wo say tho law at tho present time is quite sufficient tn stop any industrial dispute taking tho shape of a strike. In asking tho employer to collect tho fine, you’aro condemning tho man for over in New Zealand, for a man in that position is on tho black list.of every employer in the Dominion. The membership of seven for n workers’ union has worked very satisfactorily in the past, and wo think it should bo retained. Wo aro asking for the Conciliation Boards to bo given the power to nrftko their recommendations binding until the Court sits, giving, of course, tho right to either of the parties to appeal. COERCION AND REPRESSION. James Thorn, Canterbury Trades and Labour Council, speaking as a delegate to tho conference recently held in Wellington ; —Wo contend that coercion and repression have an unsettling effect,, and. instead of checking the desire on the part of unions to strike, they will in a very large - measure constitute that which incites the union to strike. We have had an instance of this in tho experience of Now South Wales since the passing of Mr Wade s Industrial Disputes Rill. THE RIGHTS OF LABOUR. John Jackson, secretary of the Grcymouth Wharf Laboruors’ Union: Vvc hold that wo have the right to withhold our labour when we consider it necessary. Wo strongly disapprove of sectional strikes, and have a movement on foot for tho federation of the whole of tho labour unions of the Dominion. It is proposed that ultimately no section of our workers shall strike until tho matter in dispute is first submitted to onr federation to deal with, so that undue harassment of employers will not eventuate. While affirming the princijdo of arbitration, wo hold that in casos of victimisation wo have a right to protest. It is tho only right wo have left, and wo do not want to givo up the right without protest. Patrick Hickey (Blackball Miners' Union): Tho Donniston, Gxanity, and Blackball Unions have condemned the whole thing (the Bill) from beginning to end. Wo say that in the event cf the Court not thoroughly understanding tho position, and reducing wages to a starvation level, tho workers should maintain tho right to sol! their labour to tho highest bidder. This Bill would prevent them from exorcising that right. It would not prevent them if they were not afraid of three months’ imprisonment. We uphold tho i Act of 1834, in which there was no restrictive legislation to impose all kinds of fines and penalties on people (or striking. THE OLD ACT A FAILURE. Thomas Long (Trades and Labour Oonforouco, Auckland): As far as my experience goes -the Act has failed to improve tho conditions of tho workers. I can quote instances where men have been working eighty-four or eighty-five hours a week for years. DOUBTFUL AMENDMENTS. G. T. Booth, Clmstcßurch Implement manufacturer; The history* of tho Arbitration Act and , its various amendments from year to year aro, t think, sufficient to make one feel considerable doubt as to tho success of tit# proposed amendments. Nature has decreed, and there is Biblical sanction for tho idea, too, that if a man does not work neither shall he eat. It surely* follows that the more efficient a man's work is tho more ho should be entitled to eat, or drink, or ■wear, or otherwise enjoy; hut tho . minimum wage plan decrees that a man only needs to work enough to hold his’ job. It encourages incffici- ■ envy. ; THE FLAXMILLERS. ■ Harry Groin, flaxmiller, Manai wain: Wo think after considering,

all tho circumstances, that in, the meantime, while the conditions are bad, wo might he relieved from tho effect of the Arbitration Court award, and in ashing this wc consider vre aro doing so, not only in tho interests of tho miller themselves, but for tho benefit of the workers. OTHER WITNESSES.

Other witnesses examined were Daniel Momrty (president of the Furniture-makers’ Union, Wellington); William Pryor, secretary of New Zealand Employers’ Federation; W. L. Thompson, representing the Federated Builders of Now Zealand; Marianne Allen Tasker, secretary of the Wellington Domestic Workers’ Union; EL Garoy, secretary of the Wellington Cooks and Waiters’ Union: G-. Powell, district secretary of the Amalgamated Society of Carpenters and Joiners; O. H. Lightfoot, secretary of tho Wellington Society of Carpenters and Joiners; and M. J. Reardon, Wellington Trades Council.

AMEND OR SUSPEND

PRESS ASSOCIATION. AUCKLAND, September 11. The Auckland Employers’ Association has passed tho following resolution:—“That in view of tho existing anomalies in the Industrial Conciliation and Arbitration Act and in the interest of the very great numbers of persons now seeking employment we desire to draw the special attention_ of tho Governn ent to the imperative necessity for either passing an amending Bill during the present session for the proper conduct and protection of the industries 'of the Dominion, or failing this, that provision be made for tho susr Clls i° n °f the operation of the Act until such a measure as referred to can be passed.”