THE BOOTMAKERS' DISPUTE.

Star (Christchurch), Issue 5570, 20 May 1896, Page 1

THE BOOTMAKERS' DISPUTE.

(From the Lytteltcn Times.) Without offending against the salutary rule which removes matters that are stib.jiidice from the sphere of public comment, we may touch very briefly upon the efforts that are being made to Bettle the bootmakers' dispute. The action of the Conciliation Board reported in another column is in accordance with Section 45 of the Industrial- Conciliation and Arbitration Act, 1894, which provides that the Board may refer any of the matters in dispute either to a committee of its own members or to the Court of Arbitration for settlement. To an outside spectator it may seem that the Board has abandoned its task without making any serious attempt at conciliation, or taking evidence that would be sufficient to enable the members to make up their minds as to the merits of the dispute. The duties of the Board, as defined by statute, are to endeavour to bring about agreement between the parties, " and-if no settlement shall be arrived at, shall decide the question according to the merits and substantial justice of the case," and make a report to the Clerk of Awards. Although it appears a weak course to refer the main point of contention to the Court, the Board had doubtless good reasons for adopting that course. Conciliation was probably impossible on the vexed question of union and non - union labour, and as the decisions of the Boards of Conciliation cannot be enforced by Jaw, the reference of this point to the Court will probably save time and temper. The Board has not, it will be observed, referred the whole case to bhe Court. This is, we think, an error of judgment, for, when the supreme tribunal was invoked, it was desirable to have its authoritative ruling upon all the mattersin dispute. Thepositiqnnow is, that while the differences as to the concurrent working of Unionists and Qon-Uuionists will be adjudicated upon, and the decision enforced if need be, the Board will simply issue its report or recommendatioLS upon other matters, or possibly may have to refer them to the Court. Asa matter of procedure it would have been preferable to have gone into all the questions at issue before making any reference. It is possible that the Board may have assurances that all the minor differences can be arranged, but the proceedings before the Board or the priof negotiations do not quite bear out that view. The position, as we understand it, now is that within five days after receipt of notice of the Board's reference, the President of the Arbitration Court shall fix a time and place for the sitting of the Court, which shall then proceed to take evidence and arrive at a decision. The evidence must, retake it, be directed to " the established custom or usage " of the boot trade on the subject, for only in that way can the Court have anything to guide it. The question of "free labour," or the right of employers to engage whomsoever they may choose, apart from his position relative to trades unions, is clearly contemplated by the Act as being an object for conciliation and arbitration, as " industrial matters " are defined to include disputes regarding "the dismissal of or refusal to employ any particular person or class of persons." The Court of Arbitration, which pits in equity and good conscience, has all the powers of the Supreme Court in the matters of taking evidence and enforcing its decisions. Apart from the question of the wisdom of its mode of reference, we may be allowed to congratulate the Board of Conciliation upon the admirable spirit in which it has approached its work. The constitution of the Court is, in some respects, unfortunate, but for that the members are not, wo presume, in any way to blame. They have done excellently in the circumstance?, which are difficult and unique. There was little prospect of agreement upon the point that has been referred to the Court of Arbitration ; and it may, perhaps, as we have already suggested, be just as well that the difference has not been aggravated by an acrimonious and unprofitable discussion "We trust that the subsequent proceedings will be such as will demonstrate the practical usefulness of the beneficent Act under which the Boards of Conciliation and the Court of Arbitration are constituted. The settlement of the "free labour" question will remove a fruitful cause o£ industrial trouble, and lead to more cordial relations, not only in the boot trade, but in every industry or employment in the colony. It is, after all, not to the discredit of the Board that it should have hesitated about pronouncing on such an important matter ; and it has, by reserving other questions for conciliation, shown that it is prepared to discharge its functions so. far as lies in its power.