ARBITRATION BILL

Press, Volume LXIII, Issue 19141, 26 October 1927, Page 10

ARBITRATION BILL

OBJECTIONS OF EMPLOYERS STATEMENT BY MR.T. 0. BISHOP. [THE PRESS Special Serrlce.] WELLINGTON, October 25. Four reasons are given by the Advisory Board-of the Employers' Federation for its opposition to the proposed alteration of the constitution of the Arbitration Court —lack of suitable arbitrators, lack of provision for continuity of policy, danger from irresponsible arbitrators, and the impossibility of the Court doing its work in the time available. Interviewed cm the subject of the Industrial Conciliation and Arbitration Amendment Bill, the secretary of the New Zealand Employers' Federation (Mr T. 0. Bishop) said that there had not yet been sufficient opportunity for the Federation thoroughly to consider the whole Bill, but the Advisory Board was unanimously and strongly opposed to the proposed alterations to the constitution of the Court for four reasons. "Experience of Conciliation Councils and Disputes'-Committees has shown that it is exceedingly difficult to obtain successful arbitrators." said Mr Bishop. "The qualities which go to make a successful arbitrator are many, and are rarely found in business men. Anyone engaged in the management of an industry selected for the purpose of framing an award for that industry must inevitably be guided by'his own individual experience of that particular trade, and will not be guided by any consideration of the effect of his decision upon other industries. He will be intensely partisan and anxious to make ■a good showing in the eyes of those engaged in his own trade by whom he was appointed. It will be even more difficult to obtain arbitrators representing the workers, because the reasons making it difficult in the case of eriiployers will be even more apparent in the case of workers.

"Tho greatest objection to the present constitution of the Court (a Judge and two permanent assessors) is that advocacy does not cease with the presentation of the cases in open Court. The elective members of the Court are themselves advocates, and instead of sitting with, the Judge as a tribunal to adjudicate upon the cases presented to them they carry on the fi>ht for their respective sides until the award is finally made. Therefore, in many cases awards are obvious compromises and lack. judicial qual"The effect of this weakness of the old system has been minimised by tho fact that assessors have been appointed for a term of three years and in most cases have held office for longer periods, and because the assessors have acted in all industries instead of only one. Theso compensating features ot the old constitution will be entirely removed, however, if the present BiJl becomes law, and the partisanship ot members of the Court instead of being mitigated will be intensified enormously. ~. ,| ■ "Secondly, there will be no continuity of policy or uniformity in awards, and no relationship between awards for different industries, because although 'bhe Judge will act in. all cases he will be only the .mouthpiece in cases where the arbitrators reach an agreement. ■ "Thirdly, sheltered industries, witu arbitrators appointed for one case only, and having no responsibility ot office, there will be serious danger ot the arbitrators agreeing upon terms opposed to the public interest. "The fourth reason," concluded the speaker, "is that the proposal is utterly impracticable because ot, tue extra time which the Court'would require to get through .its work under the proposed constitution At present si* or eight cases inay.be, and often are, heard at one session in Auckland, Wellington, Christclnirch, and Dunedin. As soon as they are. heard the Court moves on, and at night, while hearing cases in another place, or while travelling, the members of the Court discuss the cases they have heard, and the awards are made and sent tack for .filing. Liider .the new proposal each case must be dealt with and the award made before another is begun, so as to liberate the arbitrators? It is obvious that if six or eight cases have to be heard in one centre with as different sets of arbitrators all new to their; work the Court will have to remain there until all the awards are made, and the time taken will greatly exceed that now required. In fact, 'it will not bepossible for the Court to get though anything like tho amount of work it now does.

UNION SECRETARIES MEET. The Bill to amend tlie Industrial Conciliation and Arbitration Act was considered at a meeting of Trades Union secretaries yesterday morning, and the proposed amendments were adverselv criticised. „ n^;„A The following resolution was .carried and it is to be sent to the Minister for Labour and members of Parliament :- "That in the opinion of this meeting, the proposed amendments to the I C and A. Act, while conforming with the desires of the elements which function quite outside of the Court s jurisdiction, i.e., Farmers' Unions, and large financial interests, are of such a character, that, if put into operation, will ensure for the employers and workers, who continually have recourse to the Act and Court" for settlement of disputes (very often so called), a state of chaos and guerrilla warfare as has never been known or anticipated previously in this.country by either party, who to this present juncture, at least,'have worked harmoniously under the Act. While we are prepared to admit that sections of workers and employers desire to abolish or amend the Act, we consider that such action is not the desire of any considerable number of workers or employers. It is urged that all who are concerned in the maintenance of the present system of conciliation and arbitration should, by every means in their power, oppose the present attempt to destroy the effectual woriring or the industrial laws of the country."

DEPUTATION TO MINISTER. The Minister for Labour, the Hon. Mr Anderson, has agreed to receive a deputation with reference to the proposed amendments to the Arbitration and Conciliation Act. A special meeting of the Canterbury Drivers' and Timber Yards Employees' Union will be held to-day to consider the position which will arise if th© legislation is passed. The union is likely to lose at least fifty members. No union • will be more vitally affected than the New Zealand Workers' Union, the membership of'which consists largely of shearers and threshing mill hands", who are working under awards. In the opinion* of a prominent industrial union official in Christchurch, both of these sections are likely to resist the operation of the measure, which exempts the farming industry from the provisions of the Acs.