SECRET BALLOT RETAINED

Chronicle (Levin), 29 August 1947, Page 6

SECRET BALLOT RETAINED

Press Association)

but strike penalty clause drastically altered

(Per

WELLINGTON, Aug. 28. Although amendments had been made ter the Bill/ the vital principie of the secret ballot had not only been retained but had also been strengthened, said the Minister of Labour, Hon. A. McLagan, in the House of Representatives this afternoon when the Industrial Conciliation and Arbitration Amendment Bill was reported back from the Labour Bills Compiittee. When the committee 's report was preseuted, Mr. S. G. Holland askecl the Minister to indieate the nature of the ehanges that had been made, especially in view of the controversy the Bill had aroused. Mr. Holland said he took it that provision for a seeret ballot on strike issues had been retained notwithstanding the considerable pressure which had been exerted for its deletion. Perhaps the Minister would say what evidence was presented to the committee by the Federation of Labour and others interested. Mr. McLagan said that, much as he would like to gratify the curiosity of the leader of the Opposition, he did not intend to anticipate the second reading debate. He would say, however, that the secret ballot principie had been retained and strengthened, • although amendments had been made to the clause governing that principie. Opposition voiees: Hear, hear. The amended Bill shows that the original clause providing for a compulsory secret ballot being held among members of an industrial union of workers before any strike action is taken and for a compulsory secret ballot being held' among members of an industrial union of employers before a lookout is conducted, has heen almost completely redrafted by the committee. The lauguage has heen made much more definite and it is now stated that if members of a workers' union are concerned in any dispute and there is a proposal that there shall be a strike," no such strike shall take place until the question has been submitted to a secret ballot of those members of the union who would become parties to the strike if it were carried out. A similar amend-" me,nt is made to the complementary sub-clause providing for secret ballots in employers' unions before a lookout takes place. As stated in the original Bill, tlic secret ballot is to be lield in tlie munner prescribed by the rcgulations under the Industrial Conciliation aud Arbitration Aet, 1925. If there are 110 such rcgulations it is to be held in the manner prescribed by the rules of tlie union, or where there are no such rules, in such manner as shall ensure the secrecy of the ballot.

Drastic alterations have been- made in those sub-clauses of the Bill dealing with penalties, while provision is now made for the Eegistrar of Industrial Unions to take a secret ballot if oue is not held by the union concerned. The original Bill said that if a strike or lockout took place_ and any members of an industrial unibn or section. of a uiuon of workers or emplyers were parties to a strike or, lockout, the union would bc deemed to have instigated a strike or lockout unless it proved that a secret ballot had been held previousl.v. The penalties for noncompliance were lixed at up to £20 for every meniv ber of a workers' union aud up to £20 for otficers of a workers' union unless they could prove that they endeavoured to ensure compliance with the rule and prevent a strike. In the case of lockouts conducted without secret ballots, members of employers' unions could be fmed up to £1000 and otficers of the union up to £400 unless they could prove they endeavoured to prevent the lockout. Iu the amended Bill the provisions for penalties on this basis have dikappeared. Iustead it is stated that if a strike or lockout takes place without a secret ballot of members of the union concerned liaviug been held, the Eegistrar of Industrial Unions may proceed to eondui-t a secret ballot of all members of the union directly concerned on anv question that may be prescribed relating to a strike or lockout. To enable this secret ballot to be taken the union concerned and its otficers sliall make available to the .registrar such assistanee, facilities and information as he considers necessary. The registrar 's decision or the decision of persons designated by him to conduct the ballot as to whether a member of an industrial union is or is not directly concerned in a strike or lockout, shall be linal and conclusive. Anv person who refuses oi fails to comply with any requircment made by the registrar for the conduct of a secret ballot or iuterrupts, impedes or interferes with it, commits an offeuce for which, on summarv conviction, he may be fined up to £20 and for a continuing offence a further fine of up to £5 dailv for every day during which the offence continues. The registrar shall, ! as soon as practicable, ascertain the result of the ballot and publisli the result forth with. The sub-clause in the original Bill to the elt'ect that nothing sliall be deemed to render lawful a-ny strike or lockout which would otherwise be unlawful, is retained.