INDUSTRIAL AFFAIRS

New Zealand Times, Volume XXXVI, Issue 8183, 26 July 1912, Page 7

INDUSTRIAL AFFAIRS

WELLINGTON EMPLOYERS ANNUAL REPORT OF ASSOCIATION TRADE DISPUTES AND LABOR LEGISLATION.

Tho annual meeting of tha Wellington Employers’ Association will bo held next week, on a day to bo fixed. The report to bo presented is as follows: — Your committee has pleasure in presenting the thirteenth annual report of tho association. Numerically aud financially tho strength of the association is increasing, while its value as a medium of advice aud assistance on all industrial matters is becoming more and more recognised by ait classes of employers. It is believed consultation with the association has in very many instances proved a saving of much time, trouble aud expense to members. Sixty now members have joined the association during the last twelve mouths, while sixteen members have, for various reasons, withdrawn from membership.

Tho formation of several trade sections into independent associations has affected, and will continue to affect, the number of individual employers comprising the association, but tho affiliation of the various trade sections is, on tho otnw hand, adding to the strength of tho association and. assisting towards tho combination of employers into one solid body. DISPUTES. Tho period under review has proved a very stressful one owing to the unsettling of workers and working conditions by irresponsible agitators, who, being dependent upon their unions and the contributions of tho workers for their live lihood, apparently consider the only moans they have of showing justification for their continued employment in com parative idleness is to keep alive a .ferment and maintain a continuance of industrial unrest. In tho ordinary course of events some trade disputes may be expected, but the great majority of those which have called for attention during the past few years have not been due to the existence of real grievances, but rather to a practice which has arisen under tho arbitration laws for fresh claims to be made by each union as soon as tho term of its award has expired. One result of this line of action on thd part of the unions has been to demonstrate to investors tho uncertainty of working conditions in our industries; and it is certain that absence of settled industrial laws and fixed rates of wages has seriously retarded tho investment of capital in various industries. The last annual report of the Department of Labor shows that the number of our factories is not increasing, although the population of the Dominion * S The existing unrest and the methods adopted by some unions and their leaders of perpetually keeping up disputes, real or manufactured, between workers and employers, in addition to hindering the investment of capital, are no doubt having a baneful effect upon the daily life of many workers and influencing their mental and moral Attitude towards their work and their employers. The various trade sections which have sought revision of existing awards and agreements have been the bakers and pastrycooks, bootmakers, cooks and stewards, cooks and waiters, enginedrivers, farriers, furniture trade workers, grocers, iron and brass moulders, builders' laborers, drivers, plasterers, plumbers, saddlers, seamen, ferry boats employees, shop tailoresses, timber yard and sawmill employees, tin plate and sheet metal workers, and waterside workers. Awards or agreements have during the past twelve months been asked for for the first time by wool and grain* store employees, wholesale merchants’ assistants, retail soft goods employees, freezing works employees, performing musicians and ships’ officers. The conduct of the above disputes on behalf of the employers, entailing the calling together of employers to nominate assessors, the holding of several meetings in connection with each of tho disputes named and attendance at Conciliation Council sittings and Arbitration Court have proved a heavy tax upon the Eme of tho secretary and his assistant. The numerous consultations with all classes of employers during office hours have helped to make the year just passed an exceptionally arduous one. CONCILIATION COUNCILS.

Tour committee in its last annual report stated that the conciliation provisions of the Act were operating more satisfactorily than formerly, but the continuance of this satisfactory state of things is threatened by the nomination and appointment of union secretaries and other union officials as council assessors.

Employers' assessors, who are not able in the stress of business to make a close study of industrial matters, thus find themselves on the opposite side of the council table to those, who by reason of their calling as union secretaries, have special knowledge of the various provisions of their existing awards and their effect in operation. The extent to which the employers’ assessors are handicapped will be easily realised. There is no doubt the intention of the Legislature was that three actual workers and three employers should form the Conciliation Councils in order that matters in dispute might be discussed, and if possible adjusted by those who would be directly affected by any settlement, and who, failing agreement between the parties to the dispute, would be able to make a practical and reasonable recommendation to the parties. In the opinion ot your committee the importation of outside persons as assessors in local disputes is unnecessary, and is in violation of the real spirit of the conciliation provisions of the Act. It is well the people of the Dominion should know that the law provides for the payment of travelling expenses and fees to assessors, and it is probable that a considerable sum of money has been paid out of the consolidated fund to cover tho expenses of those assessors who have been brought from long distances to act on conciliation councils. The extent to which outsiders have been imported into disputes in tho various Dominion centres and union secretaries have acted as assessors gives the impression that the consolidated fund is being exploited in the interests of trade unionism. ' Your committee suggests that tho operation of the conciliation clauses of tho Act would be greatly improved if the law were amended to provide that every person nominated as an assessor must at the time of the hearing of the dispute be actually and bona fide engaged or employed In the industrial district within which the dispute has arisen either as an employer or as a worker in tho industry fu respect of which the dispute has arisen. CONCILIATION AND AEBITEATTON ACT. The cancellation of registration of unions has continued, largely as a result of the operations of the small body of malcontents and irresponsiblcs who are leaders of tho New Zealand federation of Labor. This federation has taK'en part In conferences with employers with the object of settling working conditions, and the arrangements arrived at have been signed in good faith and strictly observed by the employers. Since some of these agreements were entered into employers nave been astonished to learn that the avowed policy of this federation is to respect agreements so long as they suit their purpose, but to throw them aside whenever they prove to bo in

the ■nay of their programme for the time being. Vour committee still believes the incorporation in our Arbitration Act ot the provisions of tuo Canadian Disputes Investigation Act tas proposed by this association m its annual report for 13Hj> would act as a decided check to unjustifiable and lawless strikes eucli as have been taking place recently. -that Act provides substantial penalties if a strine or lockout occurs without one mouth s notice being given, anil your committee considers the necessity lor this notice would give the woikers time tor reflection and the employers and the general public onnortumly to prepare should a strike ultimately occur. Had this law been on the statute books during the past twelve months there is no doubt it would luvvo prevented ut lc*ust sonic of the Strikes tho Dominion has exner>ell 'i'lie'ro is evidence that the policy of some sections of labor is to secure the utmost they possibly can v hrougn the Arbitration Court, at tho same time doin” their best to influence legislation in their favour, with the ultimate obiect of tlirowing over tho Arbitration Act when tho court yields no more to their iraoortuuities. iour committee again draws attention to the unfair position emnloyers arc placed in. .f bey have no ‘escape from tho Act while workers are free to either retain its advantages by remaining under it, or avoid its penalties by cancelling their registration and adopting other methods to secure their ends. Tho Act should at least contain a provision similar to that in the West Australian Arbitration Act, which gives any party to an award tho right to term inate tho operation of the award as soon as tho period for which it has been made expires. ... Tho amendments to the Act hastily passed by Parliament last year call tor comment. Clause 3 provides for agreements entered into by employers, who employ a majority of workers in an industry, being made into awards, Ibis seems to your committee to ho an unlair provision, which nullifies the icpeatod ly expressed opinions of tho court that no person should be bound by an award until nn opportunity has been given for each party concerned to submit evidence to tho court. Clause 4 contains provisions for application being made direct to tho court for Dominion awards, but there is no clear indication as to the procedure to bo adiipted. frapfoyers' counter proposals in any dispute have now to be lodged with the Conciliation Commissioner three clear I days before a dispute is set down tor I hearing, and if a conciliation council I files a recommendation, it becomes the duty of those employers who disagree 'with tho recommendation to file notice ■ of their disagreement with the clerk or ! awards within one month. If no notice of disagreement bo lodged tho re- ; commendations practically become an ; award. .. , . Tho Legislature is apparently determined that tho court shall not retain , any discretionary powers with respect to I matters covered by legislation. Clause 10 of the Amendment Act reads: No award of the court shall contain any proS vision that is inconsistent with any statute which makes special .provision lor any of tho matters before the court. ARBITRATION COURT. Various suggestions have been made that tho personnel of the court should bo changed by the appointment of representatives for each trade so that each dispute should be heard and determined by men who had had practical experience in the industry, the working conditions of which were under review. The praoi tical working of such a scheme operating in. such a district as this would mean that there would bo in attendance at the several sittings of the court in the various centres a retinue of at least two assessors in connection with each dispute. The expenses of the court would be very largely increased, and it is certain results would be • less satisfactory than the present method, as tho various assessors would be unused to the court procedure, and probably_ without knowledge of its previous decisions. Further, tho Arbitration Act has always contained provisions for tho appointment of special assessors if tho parties desire to have them. It has also been suggested that a practical business man should be appointed president of the court in place of a Supremo Court judge. Your committee is very decidedly of opinion that the president of the court should bo one who has been trained to tho legal profession. SHOPS AND OFFICES ACT. The operation of restrictive clauses in this ill-conceived Act ia previug unnecessarily harassing to a number of shopkeepers. As the law now reads, employers who, owing to rush of business or other unforeseen circumstance, are sometimes compelled to require assistants to work overtime, must first secure a permit from tho Labor Department, and as it is obviously very often impossible for an employer to know until late in tho day that his men must work overtime it will be readily seen Ihat a breach of the Act is inevitable and unavoidable. This is especially so in tho case of drivers whose duties are to go certain rounds in tho suburbs. . In fact this Act calls for immediate revision by our legislature. Reasonable restrictive conditions are not complained of, provided they operate against all competitors alike, but many business people justly complain that they are tied down to certain working hours and conditions, while others in the same line of business are free to arrange their hours, day or night, as best suits them. A section, of tho Act (section 6, subsection 3j as amended in 1910 is proving in its operation and administration an unnecessary and unjustifiable hindrance to legitimate business. Emergencies and short periods of abnormal activity are experienced by all classes in business, and especially so in the shops, of retailers, and it ia but reasonable that employers should have the right to call for the help of their assistants in coping with a rush of business and to prepare for an anticipated busy period. Although workers are entitled by the law to receive payment for All overtime worked at time and a half rates, the abovementioned section imposes upon shopkeepers tho obligation of securing the previous written consent of an inspector before overtime may be worked, and even then the inspector can only grant a permit “for tho purposes of stock-taking, or other special work, not being tho actual sale of goods." Further,' the Act limits tho number of hours to be worked by any employee to 90 in any one year. Surely the worker is amply safeguarded by the provision for overtime and the limit of hours just mentioned! Your committee suggests efforts should bo made to secure the repeal of that portion of the Act which requiriea the obtaining of a permit and restricts the class of work that may be done'during the hours worked at overtime. WORKERS’ COMPENSATION ACT.

By the amendments passed during the 1911 session of Parliament, the scope of this Act has been enlarged so as to include within the meaning of worker all persons who are employed under contract of service who do not receive more than .£250 per annum. Employers are made liable to the extent of £1 for first aid medical or surgical expenses. Should an accident, although due to the wilful misconduct of the worker, result in death or permanent disablement, compensation must now bo paid. APPRENTICES. Although no action has been taken tv review or amend the law relating to apprentices a caiefully drafted form of indenture containing equitable provisions safeguarding employers has been prepared, and copies may now be secured by members from the secretary. Your committee advises members who may desire to bind apprentices by deed to obtain these forms as they have been approved by the legal advisers of tho Employers’ Federation. EMPLOYERS’ FEDERATION.

The all important work of the federation is still increasing, and its influence extending to nil parts of tho Dominion.

Tho need for combined action is being more fully recognised by all classes ol employers and the members of this association who assist on the advisory board and committees of the federation are much encouraged in their labors for the employers of the Dominion by the increasing support and general approval of their efforts.