ARBITRATION ACT AMENDMENT

Otago Daily Times, Issue 13995, 30 August 1907, Page 3

ARBITRATION ACT AMENDMENT

SOME IMPORTANT PROVISIONS.

ALL EMPLOYEES TO BE-WORKERS.

FINES DEDUCTED , FROM WAGES.

(From Our Own CoßnnsPoxDExT.)

• Tk I i ffii IN W August 29. . lno Industrial Loncihation and Arbitration Act Amendment Bill.was circulated to-day, and proves to bo a measure of much, interest, including as it docs a number of new and drastic provisions. It is provided that tho act shall oomo into force at the beginning: of next year. INDUSTRIAL COUNCILS. .Tho initiatory clauses of the bill provide that in future no industrial dispute k to he referred to Hie Conciliation Board, but a dispute' may Iμ referred for settlement to an industrial council, to bo appointed by tlio Governor on the recommendation of the union concerned, consisting of three persons who are or liavo been employers and three who aro or have been workers in the industry concernod. . Tho president is to bo elected by theso six members, and if they fail to do ■to tho president will be appointed by tho Govornor, AWARDS OF COUNCILS. The award of the council will have effect within tho industrial, district lor whioh it was established, or within such portion of tho district as (ho council determines. Tho award of tho council must bo made within one month after it is established, and immediatoly on making its award an industrial council is, ijwo facto, dissolved. The fees paid to members of the council aro 1o bo paid out of moneys appropriated by Parliament. Before entering on tho exorcise of thoir office the members of a council must mako oath ov affirmation beforo the clerk that they will faithfully and impartially perform the duties of their _ office A bare- majority of the council is sufficient to bring] about an award, and tho president is given a casting vote. Tho parties to any proceedings before a council must bo industrial unions, industrial associations, or employers. An award of tho councill will liavo tho same effect a? an award, of the Arbitration Court, and the council is put on tho same footing as tho court 6O far ne jurisdiction' and procedure are concerned. The council is also given power to state a ca.se for tho advice arid opinion of tho court on matters of law. - ■ •'

APPEAL TO ARBITRATION COURT. Clauses 18, 19, and 20 deal with the question of appeals and tho procedure in connection therewith. Within one month after the making of an award by tho council any union, industrial association, or employer bound by tho award may apply to the council for leave to appeal to tho court, and tho council may grant or refuse such application as it thinks fit. Tho , appeal may be on either law or facts, and if on tho facts the appeal will bo by way of rehearing. The court may confirm or modify tho award or quash it and make a new award, and mako <in order as to ooste. Tho decision of the court is to bo final, but pending an appeal the award of tho council will operate. Application by a union or association for tho establishment of an industrial coinioil or for an appeal from tho award of Hie council must be approved by members before being made. INDUSTRIAL AGREEMENTS. When it is proved, to tho Arbitration Court that an . industrial agreement (whether made- before or after tho coming into operation of the act) is.binding on' employers who employ a majority of tho workers in that particular industry in tho district the court "may" (not "shall"), on tJto application of any person bound by tho award, extend tho operation of the agreement to all employers who are then or in fnturo engaged in tho industry in the district. Industrial agreements past nr.d future arc made onfor,ceablo in the same manner as awards. BREACHES AND FINES. Breaches of award aro to bo dealt with by !i magistrate, who is Riven power to impose such fino as he thinks just. Ho is also given power to state a case for the opinion of tho Arbitration Court s.nd to • adjourn the hearing of the case in tli« .meantime. Ho can fine an employer up to £100 and a worker up to. £10, aJKI he is given di6crotion as to whether he will make tho fino payable to tho Crown or to the person on whose application tho fine was imposed, or anyone else. Power is .given to_ appeal to the court, whose decision will be final. • ,-. If the fine imposed on an industrial union o" association is not paid within one month all tho members are jointly and severally liable for the amount up to a limit of £10 each. If the cmployeo docs iiot pay his employer must deduct" the amount from his wages by instalments equal to 25 per cent, of his wages until the total is paid on receipt of a notice requiring him to do so by the Inepector of Awards. This provision applies to pact as well as future breaches of award, and aleojto oases in which people have been fined under the act for taking part in a strike or lockout. If a man is fined for .engaging in a strike the amount will bo dodtfcled from his wages by hie employer in instalments. No industrial union or association may make an application for the enforcement of an award or aspeoment unless the proposed application, has been approved of by tho members. THE NEW WORKER. Tho definition of "worker" is greatly widened, and now reads ." worker means any person of any ago of either sex employed by any employer." MISCELLANEOUS PROVISIONS. Special meetings of a union to "consider a. proposal to refer a dispute to the council or court must be advortised, and the proposal Iβ to bo deemed to bo carried if, but not unless, it is passed by a majority of such of tho members present at tho meeting, either in person or by proxy, as are entitled under the rules to vote. When any payment of wages has been mado to and accepted by a worker at a less rate than that fixed by an .award, or otherwise by "law, the worxer cannot bring art action against the employer for the difference after three months from tho time the wages became payable. A now provision of a decidedly novel character is that, on the application of a union of employers or workers, the court may order that the secretary of the union mav serve on all employers or workers concerned in the industry and who are not members of the union a demand that they shall pay to the union the samd contributions as aro paid by (he members of tho union. If the non-unionist chooses ho may on rocoipt of the demand become a member of the union.

This payment of union fees by nonunionists will not apply io an overseer or foreman having direction. over at least five workers, or an indentured apprentice, or a person under thft age of 17 yum. The age of apprentices is limited t<>, 21 years. Application for permits to work at Jess than tho rates fi-ted by an award arc to bo made to an inspector of factories. An industrial union affiliated with any society of which the management or control takce place outside Now Zealand must, retain in New Zealand, and under its own control, (©east thrco-fourfhs of its assets. In future jio trade union can be roqistered under '"llm Trade Union Act, 1878." No person is qualified' to bo a member of iho Committee of Management of a union or an officer of a union unless lie lias been or is actually and bona. fide engaged or employed in the industry in respect of which the union is established. For a breach of this provision a maximum fine of £i 0 is provided.