SECRET BALLOT ISSUE

Otago Daily Times, Issue 26559, 6 September 1947, Page 8

SECRET BALLOT ISSUE

Bill Passed by House

FURTHER AMENDMENTS REJECTED Parliamentary Reporter. WELLINGTON, Sept. 5. Moi’e amendments were moved by the Opposition to the clause in the Industrial Conciliation and Arbitration Amendment Bill providing for a secret ballot on strike issues in the House of Representatives to-day, but all of them were defeated. Three were taken to a division and two more were decided on voices. The Bill was subsequently put through the remaining stages and passed.

The first amendment voted on was ■ lost by 37 votes to 36 and others by 37 to 35. The reason for the Government’s margin of one vote in the first amendment was that just before the division bells rang Mr F. Langstone (Govt., Roskill) was called to the telephone to receive the news of the death of his brother. For subsequent amendments, Mr Langstone was given a pair, which had already been granted for the Prime Minister, Mr Fraser, and the Minister of Transport, Mr O’Brien. With Mr Speaker voting with the Government, the Chairman of Committees in the chair, and the Mount Albert seat vacant all members were therefore accounted for. The passage of the Bill was completed in the early afternoon and the House then resumed the financial debate. The House resumed consideration of the amendment moved by the Opposition which was designed to ensure that where a union had no rules for the taking of a secret ballot, then it should be taken in such a manner as in the opinion of the registrar of industrial unions, or some other per* son designated by him, ensured secrecy of ballot. The Minister of Labour, Mr McLagan, said there was already provision in the principal Act for the Labour Department, to which department the registrar belonged, to exercise supervision over a ballot. The amendment was lost by 37 votes to 36. Restriction on Voting An amendment which was postponed from the previous evening and which was aimed to restrict voting in a secret ballot to those who would be called out on strike, instead of those who would become parties to the strike as stated in the Bill, was then taken. The Minister said the amendment had been carefully examined and, in the light of that examination, the use of the words in the amendment would very definitely weaken the Bill. There could be various kinds of strikes without people being called out on strike, and if the amendment were adopted, no ballot could be taken, in such cases. “Go-slow” strikes were an example. Mr W. A. Sheat (Oppn., Patea) asked under what provision of the Act was “go-slow” a strike. Was there any authority that constituted “go-slow” as a partial discontinuance of employment? Mr McLagan: Yes, it had been decided, Mr Sheat said he would like to know what degree of relaxation of effort constituted a strike, and did “ spelling” on the waterfront constitute a strike, for that was a partial discontinuance of employment? What about stop-work meetings and would it be necessary to hold a secret ballot before a stop-work meeting could be held? Registrar’s Duties The amendment was rejected by 37 votes to 35. Mr J. T. Watts (Oppn., St. Albans) then moved a further amendment that the registrar, or some person designated by him for that purpose, should decide which members of a union were entitled to vote in a ballot, and that his decision 'should be final. The amendment also stated that a union and its officers should make available to the registrar such information as he may deem necessary to enable him to decide which members were entitled to vote, that each member should be entitled to one vote, and that no ballot should be valid or effectual unless the number of valid votes exceeded one half of the membership entitled to vote. He said the amendment would be of assistance in cases of difficulty as to who should be parties to the ballot. Mr McLagan said he thought it would be unwise to give effect to the amendment. It would be unfair to make such conditions for ballots of unions when they did not apply in other cases. The ' interest members would have in a strike issue would ensure a good poll. Mr Watts’s amendment was lost by 37 votes, to 35. Mr D. M. Rae (Oppn.; Parnell) moved as an amendment that in the sub-clause relating to the taking of a secret ballot by the registrar when the union did not do so, that the word “ may ” be deleted and the words “shall, if and so long as the strike continues ” inserted in lieu thereof. He said that it was plain that the intention of the sub-clause was that even at the eleventh hour or after a strike had occurred, a secret ballot should be taken, but the word "may” appeared permissive and the intention of the clause could be defeated accidentally or deliberately. The amendment was lost on voices. Reinstatement of Penalty - Mr Sheat moved to add a new subclause reinstating the penalty provisions in the original Bill. This subclause was to the effect that strikes should not be held unless ballots were taken more than 30 days before the workers concerned went out on strike, and that the votes in favour of striking should exceed half the total number entitled to vote in the ballot. For breaches of these conditions member? of unions who were parties to a strike would be liable to a penalty not exceeding £2O, with similar penalties for union officers unless they could prove they had no means of knowing of the imminence of the strike and did everything possible to comply with the ballot rule and to prevent the strike. Mr Sheat said that the whole purpose of the regulation was defeated if no penalty was attached to its nonobservance. There was also need to avoid a strike called on a stale ballot. This could happen unless there was some time limit on the effectiveness of a ballot. Mr W. S. Goosman (Oppn., Piako) said he predicted that, if the Government remained in office, it would have to legislate for a majority decision of union membership on the strike issue. Mr Sheat’s amendment was lost on the voices. Ruled Out of Order Mr K. J. Holyoake (Oppn., Pahiatua) said the Government should be bound and pay the same rates and provide the same conditions as private employers. He moved an amendment to have the Crown bound by the Bill. The amendment was ruled out of order. The committee stage was completed without further discussion. The Minister was clapped, mainly by Government members. Mr A. S. Sutherland (Oppn., Hauraki): There is not much to clap about • after your capitulation. A Government member: It is the Minister’s first Bill. The Bill was read a third time and passed.