THE COLONIST. Published Daily-Morning. Nelson, Thursday, Sept. 5, 1907. THE ARBITRATION ACT.

Colonist, Volume XLIX, Issue 12032, 5 September 1907, Page 2

THE COLONIST. Published Daily-Morning. Nelson, Thursday, Sept. 5, 1907. THE ARBITRATION ACT.

Tbe Bill to amend the Industrial Conciliation and Arbitration Act of 1905 has aroused a good deal of opposition, but some of the objections appear to be somewhat unreasonable, j and with explanations and, possibly, with certain modifications, they may be removed. It is proposed to do away with the Conciliation Boards as now constituted, and on the passing of the Bill, as it now stands, no industrial dispute could, in the first instance, be refered to the A rbitration Couit, but it is provided that any industrial dispute may be referred to an Industrial Council, which, upon a dispute occurring is to be set up on application being made. Such Council is to consist of three members who are, or who i have been, employers engaged in the I industry in which the dispute has arisen, and who are to be appointed on the recommendation of the industrial union or unions of employers in tho particular industry; three members wbo are or who have been workers engaged in the same Indus- 1 try, and who are to be appointed on J the lecommendation of the industrial union or unions of workers in the industry and district in which the dispute has arisen; and a seventh member, who is to be elected .by the other six. Mr Thorn, the President of the Canterbury Trades and Labor Council, has expressed the opinion that there are many objections to this pioposed change, and says thatjthe present Board of Conciliation would be quite satisfactory so far as the unionists were concerned if their powers were extended; adding that the recommendations of the Boards should be given the force of awards subject to revision by the Arbitrate Court on appeal, the recommendations, however, to operate as awards until modified on appeal. He j expreses the view that the Industrial , Council system would have >.■ harsh effect on the smaller unions! who would have to' nominate j three of their best men to sit on thej Coun: il, and would consequently have to fall back upcn men of •less I ability or experience to represent them before the Council. This

would embarass nearly fifty per cent of the union*?. He felt sure that if such Councils were established there would be .continual appeals from their awards, for they would not have the weight that the awards of a more permanent tribunal would have. The Parliamentary Committee of the Wellington Trades and Labor Council has come to very much tbe same opinion. 'In its report it .states: — "We believe that in mo3fc cases it will be almost impossible to secure Industrial Councilors for the workers' side of the Council who will be independent enough to declare their convictions under the present wages system ; that a worker who has the courage of his convictions while sitting on an Industrial Council will be a marked man is apparent to every worker in the Colony." Under the existing Act any dispute may, on applioation, be referred to a Conciliation Board already in existence, or a Special Board may be j set up, and it might perhaps be I objected that delays would occtir if • it became necea**ary, alter the occur- • re nee of a dispute to nominate and appoint members of an Industrial I Council, although that would occa^- I sion no greater delay than -the setting up of & Special Conciliation Board, ln some oiroumstances any material delay in referring a dispute for enquiry might lead to serious consequences, and therefore it is desirable, to guard against _ loss of time, but that might surely be done. The great advantage of the suggested alteration appears to hs to lie in the ' fact that the three nominees of the j workers and the three nominees of j the employers would be S6 well acquainted with local conditions, that, wherever a just cause was shown, there ought to be little difficulty in arriving at an equitable decision. It must be remembered that the object of these Councils is that they should take up the work of conciliating, and if the members met in a proper conciliatory spirit,; and hurd the view*, and objections of each other.they ought, having thei advantage of close acquaintance with : the particular industry in connection with Which there was a difference, 1 to be able to arrive at an amicable settlement in the great majority of cases. It is not reasonable to expect that a Council so constituted should in all cases perform the work of aa Arbitration Court but that is not suggested. The Bill provides that subject tn the Act ah award of an Industrial Council is to have the same effect as an award of the Court ; it also oontains provision that an industrial Council may in respect of any matter of law state a case for the advice and Opinion of the Court. It is also provided that at any time within one month after the making of any award by an Industrial Council any industrial union, industrial association, or employer, bound or intendedjto be bound by the award, may, in the prescribed manner, apply to the Court for leave to appeal to the Court, and the appeal may be either on the law> or Oh the fncts, and if on the fact* "it shall be by way of a rehearing. " It _ may be mentioned, too, that it is distinctly provided that *'befora entering on thS 6_ercise of their office the members of an Industrial Council shall make bath or affirmation before the Clerk that they will faithfuly and impartially perform the duties of their office, and that (except in discharge of their duties) they will not disclose to any other person any evidence or other matter btought before the Council." This provision should remove some objections. It appears to us that the Bill contains provisions which meet the objections made by Mr Thorn, and surely if the best men in the unions are on the Councils they will require no other advocates, beoause they will have assurance that their views will be properly placed before the Council. There are other provisions which require consideration, but these must be deferred for the present.