CONCILIATION & ARBITRATION.

Otago Daily Times, Issue 12602, 4 March 1903, Page 3

CONCILIATION & ARBITRATION.

EXPERIENCES OF NEW ZEALAND LEGISLATION. ROYAL COMMISSION'S INQUIRIES. Tho Royal Commission on the Shops and Factories Acts (says tho Molboume Argus) while recommending the enactment of a law on the basis o{ those existing in New Zealand and New South Wales, admits that there are some defects in the legislation of those States. In drafting its own recommendations, however, it seoks to avoid these shortcomings. Dealing with the conciliation boards in New Zealand, the report says: "We do not Question in any way tho wisdom and soundness of tho principle of conciliation embodied in tho Now Zealand law when we say that in some respects these boards have not achieved the success which was expected of them. But their shortepmings ,are unquestionably due in an even greater degree to the weakness of their powers than to tho errors made in some districts in selecting trade representatives and chairmen. ... If, as it is said, the author of the law of 1891 was so sanguine as to express confidenco that these boards would do the greater part of the work in the settlement of trado disputes, leaving only the most involved and difficult issues to be decided by the court, the best means to attain that end was to invest them, with sufficient power to secure the. adoption of their finding or award. To give them, after long and laborious investigation, power to recommend only was to invito further turmoil, and where the finding was not accepted by both sides a renewed struggle before the court (by arbitration) was inevitable." Speaking of tho individual boards, it is stated that there are some which are held in the highest repufcp ' " Whose work has Men carried out with a scrupulous care, moderation, and sense of justice which entitle their members to very great praise. Such is the Otago and Southland Board, very 1 few of whose decisions have been carried on appeal to the court, and which throughout its career has earned the respect of both sides. But, we regret to say, there are boards of another kind, which, either j through'choice or unfit chairmen or owing to the spirit of partisanship openly displayed by the members, have deservedly met with severe public criticism. When, on the one hand, choose a representative with an extreme spirit of antagonism to the most humane features of tho act, or when the representative of a. labour union considers it to be his duty to win every point for his side regardless of compromise or moderation, the result must be collision and bitterness, abortive or unworkable ' recommendations, and appeals to.the court." _ As to the Arbitration Court, the opinion is expressed that— On\the whole, the work of tho Arbitration Court is held in high estimation by both sides, and its decisions are regarded with respect. Occasionally complaint is made that the presiding judge and his two colleagues make mistakes, from the point of view of.the employers' or workers, in fixing wage rates and" the of apprentices to journeymen; but this, it is said, is due to lack of technical knowledge of the conditions governing the. industry or trade and to the character of the evidence placed before them. The president takes his share in tho appeal work of tho Supreme Court bench, and the duties cast on him, as well as the'large number of cases which come before the Arbitration Court in the several districts where sittings are held, result in many vexatious delays in obtaining industrial decisions. Instances were mentioned to us where an interval of nine to twelve months has elapsed between the hearing of a trade dispute and the deliverance of the final award. The act provides that the award thall be made within one month after the court begins to sit, ' or within such extended time as in special circumstances the court thinks fit.' It was suggested to us that the issue of the award within a period of two months from the opening of the case, should be made mandatory." • ■ _ As in Victoria, tho question of tho old and slow worker is cine that presents many difficulties, and the commission admits that— "It is clear that the problom how to I offeetually protect and provide a livelihood for the slow and inferior worker without impairing or breaking down tho principle of the minimum wage has not yet beein properly solved iu ; New Zoaland. It is a question on- which not only employers and employed, but also Iho workers themselves, are likoly to bo divided, ;since it is apparent that the fixing of a fairly high rate as a minimum wage is apt' to induce masters to select skilful and quick workers only, and to get rid of the slow and inefficient without the trouble of obtaining spocial permits." ' As to the effect' of the law on commercial undertakings, no evidemeo was found that the fixing of wages under the law had impeded their development, execpt in respect to tho boot trade. Sincc 1695 tho imports of boots had steadily increased, and that, coupled with the fact that few apprentices were coming forward to.take the placo of the older skilled workers, held out "very little hope for am early improvement ill this important industry." The conclusions of the commission as to the effect which these law; have on the price of commodities are thus set out:— "Unquestionably, with liberal wages and shorter hours, tho condition of the industrial population in cities and towns has greatly improved, but it is' also a matter beyond doubt that the marked prosperity of the colony has enabled employers in most cases to transfer to the general public _ or consumer the cost of higher wages with little appreciable effect. ' Thus, in the . building trade, carpenters, • painters, bricklayers, plasterers, aind plumbers receive higher pay thaa.formerly, -but-the .cost- of'"erecting

buildings. has materially increased. Tins ■ colliery ownera also increased tho price of coal in consequence of wage awards, and tho flourmillcrs, who had to give shorter hours and higher pay, likewise raised tho prico of their product. It was a'.so stated to us in the North Island that a rise in > wages,' coupled with greater difficulties in ; getting saw-logs, had caused an advanco in > the price of kauri pine. i "Ir the last report of the Labour Dsv j rjirtment of New Zoaland, tho evidence' given before us on this point is alluded to. and the chief inspector, while accepting without reservation tho truth of tie statements made, takes comfort in the fact that : the workers, who thus benefit to some ex- ■ tent by the prosperous times, as a rule do : not hoard up thoir earnings, but disribute ■ them to the advantage of the business com- ' munifcy, in tho purchase of additional food flnd clothing, with litfclo luxuries which they could not otherwise obtain." Ulemislies of this kind, however) aro dis- ■ rmssod as being merely " defects in detail " uospito which "the New Zealand Conciliation a.nd Arbitration Act remains to-day . the fairest, the most complete, and tho most useful labour law on the Statute Book of j the Australasian States."