LABOUR AND THE ARBITRATION ACT

Otago Daily Times, Issue 14001, 6 September 1907, Page 2

LABOUR AND THE ARBITRATION ACT

DEPUTATION TO THE MINISTER. SOME , PLAIN SPEAKING. EXPLANATORY SPEECH BY THE MINISTER. (Faoit Ouii' Oynn Cobrespondent.) WELLINGTON, September 5. Mr Millar gave to-day audience to an important deputation in regard-to tho now Arbitration . Bill. Tho deputation was representative of Now Zealand trades unionism, .having been arranged by the Parliamentary _ Committee ■ appointed to watch legislation regarding Labour .'matters. Tho first speaker .was Mr Parlane, who is president of tho Wellington Trades and Labour Council, and is a member, of tho Drivers' Union. In a few concise words* ho protested strongly against the bill, mentioning that lie. lad received telegrams of protest from almost tho v/Jiole of tho Trades Councils of Now Zealand. Tho present bill was unsatisfactory, and ho predicted that, if mado law, there would not bo six unions that would remain' in affiliation with tho act. He oxprctscd rogret that tho .Minister had not given more consideration to the decisions at tho annual Trades Councils' Conference. If no more attention wins given to their decisions' it would bo absolutely useless putting, the Government and the trades councils to the expense of holding tho annual oonferonoe. '

Mr Young, tho secretary, of tho Seamen's Union, was tho next speaker. Ho read a carefully-prepared statement of objections to certain olausea of tho bill. During the course of his remarks ho said he had notiood. in tho press that the reason the Conciliation Boards .wero to bo changed was owing to the incompetence of their rr.em'bors. Ho pointed out that Mr Millar himself had ten a member of the Otago Board for six yeara. He 6Uroly would not admit .that ho waa other than competent. Mr Mill.iT: Not on' technicalities; wo never touched them.

Mr Young: That can always'bo provided for very oasily by appointing assessors. He characterised tho provision regarding tho deduction of fines from wages as worthy of Russia, but not of any British community. Tho bill,'if made law, would create one of • tho greatest industrial upheavals ever witnessed, in .Australasia. (Mombers of deputation: "Hear, hear.") Ho referred to tho question of the imprisonment chuise and the diverse decisions by Justices Cooper and Williams, tho latter appealed against'by tho Crown at the instigation of tho ' Attorney-general. Tho clause regarding imprisonment lie- held to bo a drastic and cruol ono. :

Mr M'Laren; formerly an Olago University student, who for years*. has ten secretary of the Waterside Workers Union, said that telegrams .and lettcra hod poured in upon him from .all sides protesting against tho salient features of the hill. Ho held its' provisions to 'ho a. distortion of the principles lying at. th'o baso of Iho act when first introduced. Ho' mentioned during the oounw of his remarks that in one caso that had oomo before the court his house had been besieged by men appealing to liim for God's sake not to call them as witnesses in tho case,. and ho added that they had good reason to be afraid, for ho knew cases of employers calling their men together in the. workshop nnd lcriuring them for daring to belong to a union. ■ In some of the clauses in the bill became law thero would bo only one course open'to organised workers—viz.,' to repudiate any assent to tho set whatever. His own union had already taken up that position'as the only door open to them. Never before in tho history of tho oolony, ho said, hod there been such a united protest against Labour legislation. Tho - spirit of sympathy in unionism was not dead in this colony, and t-ho unionists were not 1 goiug-io bo picked off in detait. .Ho was reminded of the Greek general who in passing through a field of poppies cut off Iho head? of the tallest with his cane. That, bo raid, as ho did so, was the way he.would deal with the rank awl file. The, Now Zealand rank and file, however, said' Mi' M'Laren, wero not going to allow their loaders to 1» out. down.. Both they, and their leaders would tako good oare.that, (hey would not bo placod in any such station. He trusted the Minister .would tako his bill back and mako it moro consonant with the prinoiplcs. of the original, act, and, more consonant with" the principles,o! equity' and 'jiistico. Mr Millar mado a lengthy reply. 110 eaid that possibly it would have been better for both had tho deputation como to him in rogard to' the bill before issuing that, manifesto, but he was only too pleased for the opportunity of giving the fullest publicity■ to tho hill,'so that tho workers of tin colony might thoroughly understand it. Some of the things which wore absolutely condemned .in tKe manifesto ho. would show had been done at the instigation of officers of tho union. Trior to llio passage of tho act it was stated by a gentleman presentthat under'the conditions proposed in tho measure they wero going to recommend the withdrawal of their unions from the 'Arbitration Act.

."Who was that?" asked a member of the deputation, Mr Cooper, 'replied the Minister. What, asked Mr Millar, had been the causo of tho failure to a great extent ot the Arbitration Act? Ho thought no ono pi-C6ent would deny tho statement that from one end of the colony to the other a demand had been mado that something should be dono to simplify the proceduro and do away with delays.—(" Hear.- hear.") The knowledge of that fact, together with information received, led him to set to work to endeavour to do something to prevent those delays, and to promote further conciliation. He thought there was a general opinion among the press and unionists that the Conciliation Boards had been a failure. Ho wanted the workers of the colony to get the bill in their hands and thoroughly understand it, Ho maintained that true conciliation could only bo brought about by men" meeting one another—men who wero thoroughly interested in tho affair, and not outsiders. Ho then had before liim the fact that in all voluntary arbitration eases in the Old Country affecting thousands pf men the arbitrators' were selected from the ranks of employers and .workers. In Victoria lie-found 34 wages boards in existence, consisting of workers and employers in tho industry. Further-, lie had in 'his mind that many unions in New Zealand had already voluntarily inet theit 1 employers and come to an agreement.

Mr Young: Do you know anything about the amount of ,inliniidation and boycotting in England and Victoria?

The Minister said ho had tried to avoid the evils of the wages board system -in Victoria —(" Hear, hear "), —and. tho proposal had l>oen referred to leaders ot Labour outside the trades councils, and they approved the principle. Mr M'Laren: May wo know their names? Tho Minister: Two are sitting in the room. He had just received word that t.hc Miners' Union (ho did not say where) endorsed -his proposed 'amendments to tho aet. lie had several communications of that' sort, and would produce ■ theni ' at the proper time. • He had, he went on to

say, boon accused in the manifesto of insidiously working to do away with unionism.

Mr Young: Not by me. Tho Minister: Undoubtedly it is myself to who is referred to. Tho: Slinister stated that under the system of industrial councils -thoy would, • he believed, havo proper conciliation. If tlie system was Hot to, bo conciliatory, then the sooner fconciliation ■ lioards were wiped out the better. Tho Government could not see its way to maintain tho lroards as at present "con; stituted; Ho did not claim that the bill was absolutely perfect, hut he had tried to,meet the points raised in tho hope that lie was going to do something for tho benefit of the workers and the'principles, ot 1 tho act. Before tho bill was discussed by tho House lie intended to circulate a return showing what the workore had gained by the Arbitration Act. He admitted thoro wero vindicitivo employers in tho country, but ho scouted, the idea that the workers sitting on industrial councils wero to bo prejudiced in the employers' eyos. He did not think a man who was afraid to give evidence was/- the sort of individual who would go out ion strike. Mr M'Laren: I don't think you should put words into our ■ mouths.

Tho Minister: I don't say you aro going out on etrike. Proceeding, Mr Millar said there was no obligation fixc.d by the clauso that, a man sitting on an industrial council should be a unionist. Ho only required to know tho technicalities of trade. He had n bettor opinion of tho unionists of Now Zealand than to think they were afraid to meet their employers. I'f an employer was vindictive he would "6aek" a man' whether ho was a member of an industrial council or not. Ho (Mr Millar) did not stick to every principle of the bill, hut, ho thought the main principles of the measure were good, and that it should be given a trial, if it was a failure it could he repealed.

During further' discussion a member of the deputation said there was a man np above .who would shoot- them down if they protested. Mr Millar: Who is that? The Doputal.ioniat;: Your colleague, ,Dr Findlay. , Mr Millar: I think you arc putting words into my colleague's mouth that ho did not say. ' Tho Deputationist: Ho said it in reply •to an interjection by the Hon. Mr Rigg.' Mr Rigg: That is hardly rifjlit. I. asked how he could enforco the strike provisions of tho act under certain circumstances, and lie replied that the law already provided for that by the Riot Act. If was not a question of shooting down. Hie Deputationist: What docs it mean, then?

The Hon. Mr Millar, in the course of further remarks, denied that the reeom-menda-tiom of the Trades and Labour Councils had boon igriored, and quoted what, lie proposed in regard to the, granting of,appeals to show that ho hud gone oven further, by different means, of course! The provision for giving industrial agreements the force of an award was included in the bill. 110 justified the proposal to give magistrates power to deal with breaches of awards. Breaches of awards wero questions of fact.

Mr Young: Not always; sometimes interpretation. Mr Millar: Then he can send the case to the court. •

Mr Young admitted that this clause would greatly expedite business. Continuing, Mr Millar said that tho £10 liability complained of was in the existing law. Tho maximum, penalty aga-inrt unions was reduced from £500 to £100, Ho was not particular if the liability was reduced to £5.

Mr Young: That i 3 what we suggest'. Tho Minister: I don't want it ■to go forth that I have imposed creator responsibilities on tho worker. The provision is in the original act" of 1894. Nine-tenths of what is in this bill is either tho existing law or has been asked for by the unions of Hie colony. He went on to say that he luul been piaoe-d in, (i very difficult position in connection with the slaughtermen's strilic. If ho had not collected tho fines imposed lie could not have enforced a penalty against a single employer. Imprisonment was repugnant, to him, and ho saw a means of avoiding it. Mr Cooper'suggested that where a- man worked undor-rate the employer should not get-.off, as proposed bv the bill, for all but three months' back mo'ney. The belter plan would be to make the employer pay all the back money, give tho worker only that for three months, and pay the rest into tho Consolidated Fund.

Tho Minister said ho was quite prepared to do'that. Further, he added that he would make undor-rate permits expire at. the end of a certain period. Th'o proposal l« mako all persons engaged in a trade liable for contribution to union funds had been roundly condemned. At every conference the Trades Councils had been asking for statutory unconditional preference to unionists, and—well, he would fell them that no Parliament, would give any body of men the right to make rules on any lines they pleased. They would never get preference on any lines they pleased. They would never get preference on any other iines than that given already. The door would always be left open. Parliament, ho repeated, would never grant a body of men the power to make rules taking away from any other body of men. the right to live.

•Mr M'Laren : Is that how you view- preference ?

Tho Minister: That is what statutory unconditional preference to unionists means. The' clause rcla.ting to the funds of unions controlled from outside the colony was put in at tho request of the secretary of a» trade union which was a branch of an Australian union and to meet, the case of the Amalgamated Societies of

Engineers, Carpontcrs, and Marino_ Engineers. He did not c-aro whether it was retained or not. Tho clnuso doing away with the registration of unions under tho Trade Union Act was designed to prevent tho splitting up of unions at present registered. Thcro had oniy boon one union registered under that act since 1896. Two applications wore being mado for registration with tho objcct of splitting up unions already in existence. Tho object of clause 41 was to mate mOre men interested in unions. Possibly hp. had overlooked the case of the' smaller" unions, but 90 per cent, of tho unions could recruit thoir ofßoers from within their own ranks. The clause-was not designed to " get at particular individuals. The-Government wanted to go on'with tho bill and put it on the Statuto Book with such amendments as might he agreed to later. Tho deputation occupiod the Minister for about two hours and a-half. Towards the end "the discussion becamo of a somewhat conversational nature.

OPPOSITION BY WORKERS. (Per United Press Association.) AUCKLAND, September 5.

The Auckland Branch of the Amalgamated Society' of Carponters and Joiners passed a resolution strenuously opposing llio amendments in the Arbitration Act as detrimental to unionism and to tho cause of Labour, especially to this union, which is a benefit society, paying more benefit than any: othor society registered under tho act.

EMPLOYERS' ASSOCIATIONS' VIEWS! (Per United Press Association.) V AUCKLAND, September 5. .-

■ A meeting of tho Executive' Committee of the Auckland Provincial Employers' Association was held to-day to consider the Industrial Conciliation and Arbitration Act Amendment Bill, when the following resolution was unanimously adopted:—"That this meeting, representing 316 employers, very heartily thanks the Minister of Labour for the honest attempt to'doal with a very difficult question in his Indutsrinl Conciliation and Arbitration Act Amendment Bill, and whilst wo feci'that thcro are some minor matters to which slight exception might be taken, still on the whole we highly commend tile Minister for .the able and efficient treatment the question has received' at his hands.",

NEW PLYMOUTH, September 5.

A -well-attended meeting of the. Employers' Association to-night considered the proposed amendments to tho Factories Act, and carried a resolution strongly urging the Minister of Labour to amend clause 9, ■ cubseation 2, of tho; Factories ' Act Amendment Bill, so it may bo optional on any borough outside tho chief centres where factories and shops aro . combined to observe tho half-holiday under the Shops Act in lion of Saturday, and heartily supporting the Now Zealand Employors' federation in its efforts to secure this important privilege. A petition covering tho above resolution -is to bo circulated. INVERCARGILL, September 5.

Tho Employers' Association to-night heard its delegates' report on the confcrenco which. was held at Wellington ro tho Conciliation and Arbitration Act, m proposed to bo amended. It was resolved that tho association approved generally of tho proposals, and left the details in the hands of tho Advisory Committco.

OTAGO' EMPLOYERS' ASSOCIATION. A ' special meeting of, the Otago Employers' Association was licit! yesterday afternoon to consider the Industrial Conciliation and Arbitration Act Amendment Bill. It. was decided to adhere to the resolution passed by the Employers' Federation at its recent conference in Wellington. The resolution reads as follows This j federation,' after jiving full consideration to the proposed Industrial Conciliation and Arbitration Act Amendment Bill, is strongly opposed to the inclusion of either conciliation boards or industrial councils. It is of the opinion that Arbitration ■Courts should be the sole courts to deal both with disputes and enforcements arising out of tho Arbitration Act. It is further of tho opinion that in order to provide for the settlement o£ disputes within r reasonable time a court should bo provided for each island, and where the dispute involves trades the products of which enter into competition throughout the colony; the two courts should sit together'and decide whether a colonial award should not be made." The' meeting also decided that in; the event of the Government- insisting upon giving the industrial councils a trial cortain amendments would .be necessary.. Amendments in this direction were proposed and dismissed, and it was dccidcd that they bo forwarded to tho federation as an expression of opinion from the Otago Association. \Vo understand that one of the principal amendments proposed by tho local' association, is in the direction of having four ..presidents appointed—two for each island—to preside - over' industrial councils, the positions to ,be permanent, and tho. remuneration N for eaoh president to |io not less than. £800 per annum, -with ,expenses. In short, the opinion of the Otago Employers' Association is that the fewer the tribunals there are the more likelihood there .is of., conditions, of awards made being of a moro uniform nature.. It is expected that the federation, after hearing the .opinions of the various affiliated associations, will bring the general opinion before the Minister of Labour.

TRADES AND LABOUR COUNCIL. The manifesto of the executive of the Trades and Labour Council in regard to the Arbitration Act amendments was unanimously endorsed by-the council at its mooting last evening. The executive wa6 empowered to reply to any criticism of tho manifesto, or take any action it considers necessary in combating what arc held to be objcctionablo clauses ,in the bill. Tho members of the council present were very strong in their condemnation ,of tho measure, espeoiall.v in regard to t.he clausce referring to the manner of the . disposal of the funds, of .a union and to the officering of. a union within its-own ranks.