CONCILIATION AND ARBITRATION.

Otago Witness, Issue 2331, 3 November 1898, Page 9

CONCILIATION AND ARBITRATION.

THE AMENDING BILL.

(From Our Own Correspondent.! WELLINGTON, October 25. The Industrial Conciliation and Arbitration Act Amendment Bill gives the Court of 'Arbitration power to fix what will constitute a breach of the award, and what sum, not exceeding £500, shall be the maximum penalty payable for any such breach. Clause 3 provides that the court may prescribe a minimum rate of wages or other remuneration, with special provision^ for a lower rate being fixed in the case of any worker who is unable to earn the prescribed minimum, provided tlwt such lower rate shall be subject to such provisions as are specified in the award or order ; and also may direct that, as between members and non-members of an industrial union of workers, members shall be employed in preference to non-members, other things being equal; and also may direct that in any case where the employer claims that he is justified in giving the preference to a non-member, the . question shall bo decided by the court, as is specified in that behalf in the award or order, such decision to be final. Clause 4- provides that, for the purpose of extending the scope and operation of section 29 of the principal act, the following provisions shall apply: — (1) The duty imposed by that section shall not be confined to the case of an industrial dispute which has been actually referred to a board or the court, but ■ shall extend to cases where the dispute is in course of negotiation or discussion prior to any actual reference, and shall include the duty— (a) on the part of an employer not to dischargo any worker on account of the dispute, or for the purpose of avoiding or evading the reference, and (b) on the part of an industrial union or association, trade union, or employer, not to directly or indirectly countenance or encourage any breach of duty by any party to the dispute, or by any employer or worker. (2) The breach of any such duty shall be deemed to constitute grounds for ail industrial dispute, and the court may direct that the whole or any specified portion of the • penalty imposed shall b"e paid as compensation to any worker who has suffered loss of employment by reason of such breach ; -proyided that such dispute shall not be included in any reference filed and pending as aforesaid, unless the court is satisfied that the aispute arose out of or was connected with, the subject matter of the reference. Clause 5 states that it shall be deemed to lie a breach of duty on the part of an employer if he discharged any worker by reason merely of the fact that the worker is a member of an industrial union or trade union, or is entitled to the benefit of an award or industrial agreement by which the employer is bound, and with respect to every such breach the following provisions shall apply: — (1) At . the tima of such breach the worker Is eutitlod - to the benefit of an award or industrial agreement by which the employer is bound, the breach of duty shall be deemed to be a breach ' 'Of the award oi industrial agreement, and the court may direct that the whole or any part of the penalty imposed shall be paid to the worker as compensation. (2) In any other case the breach of duty shall be deemed to •constitute grounds for an industrial dispute, •and the provision of sub-section 2 of section 4 hereof shall apply thereto. (3) In every case it shall lie upon the employer to satisfy the court that the discharge of tlie worker does not constitute a breach of duty under -this section. Clause 6. — In every case where the court in its award or other order directs the payment of coets or expenses it shall fix the amount thereof and specify the same in the award or order. Section 69 of the principal act is hereby modified in so far as it is in conflict with this section, but not further or otherwise. Clause 7.— For the purpose of enforcing any award or order of the court, Avhetlier made before or after the coming into operation of this act, the award shall be binding^ according to its tenor, without the necessity of a duplicate being filed in the Supreme Court. In so far as the award itself directs the payment of money it bhall be deemed to be an order of the court, and provision is mads for enforcing the same. If the order imposes > a penalty or costs, it shall specify the parties or persons liable to pay the same, and the parties or persons to whom the Bame are payable; provided that the amount payable by any party or person shall not exceed £500. For the purpose of enforcing satisfaction of a judgment where there are two or more judgment oreditora, process may be issued separately by each judgment creditor^ against the property of the judgment debtor in like manner as in the case of a separate and distinct judgment. All property belonging to the judgment debtor shall be available towards the satisfaction of the judgment debt, and if the debtor is an industrial union, an industrial association, or a trades union, and its property is insufficient to fully satisfy the judgment debt its members shall be liable for the deficiency, provided that no member shall be liable for more than £10 under this subsection. Nothing in this section shall affect -the validity of any proceedings which at the coming into operation of this act are pending for the enforcement of any award or order of the court, in so far as the same relates to the payment of money, and all such proceedings may either be continued under the principal act or be abandoned and be instituted afresh under this act. But all proceedings pending for the enforcement of any award by attachment are hereby stayed, and in lieu thercot proceedings may be instituted afresh for enforcement by penalty under this section ; provided that the court when disposing of such fresh proceedings shall make such order as to costs as it deems just, having regard to the costs of the proceedings abandoned or stayed -an aforesaid. Clause 8 provides that for the purpose of ■enforcing industrial agreements, whether made before or after the coming into operation of this act, the provisions of the last preceding section hereof shall apply as if an industrial agreement were an award of the court, and the court shall have exclusive jurisdiction to deal therewith. The foregoing provisions of this eection are in substitution of those contained in sub-section 1 of section 22, and m section ,23 of the principal act, and the said sub-section •1 and section 23 are hereby accordingly repealed, i , „ Clause 9 provides that the court shall nave • full and exclusive jurisdiction to deal with all offences against the principal act, and for ihe purpose of this section provisions are made for giving effect to this jurisdiction. Clause 10 provides that, in order to enable the court the more effectually to dispose of any matter before it, according to the substantial merits and equities of the case, it may at any stage of the proceedings, of its own motion or on the application of any of the- parties— (l) direct parties to be joined or ! struck out; (2) direct any party to do or refrain from daunt any specified act until the

further order of the court; (3) amend or waive any error or defect in the proceedings ; (4) extend the lime within which anything is to be done by any party; and (5) generally give such directions as are deemed necessary or expedient in the premises. Clause 12 provides that if any person commits a breach of any order of the court, other than an order for the payment of money, the court may impose a penalty, not exceeding £500, with or without costs. Clause 13 provides that every award or order of the court heretofore made, which would have been valid if made under this act, shall be deemed to have been validly made, and shall operate and be construed accordingly. Clause 17 states that the board, or the crurt, at any stage of the proceedings before : it, and either of its own motion or at the request of any of the parties, may direct that the proceedings be conducted in private, and in such case all persons other than the parties, their representatives, and witnesses, shall withdraw.