LAW HAS BEEN BROKEN

Chronicle (Levin), 2 March 1949, Page 6

LAW HAS BEEN BROKEN

Press Association)

No Tribunal For Carpenters, Says linister

(Per

WELLINGTON, March 1. Tlie Minister of Labour, Mr. McLagnn, said toniglit that he had noted tlio statemcut of the national secretary of thu Carpenters ' Union, Mr. R. Stan ley, that there were three possibie solutions of tlie carpenters' dispute — (1) tlie Govermnent could set up a: tribunal and if that were done the, carpenters would call off their go-slow action provided .the master builders ealled off tHe'if "lock-out"; (2) the Goveriuneiit could take action against. Ihe carpenters; (3) another conference could be held between tlie carpenters and eniployers. As in two of these allegcdly possibie solulions some action by the Governuieiit was proposed, some comment from the Govennnent in reply would be relevaut. In connection with the suggestion that tlie Government could set up a tribunal under the Strike and Lookout Lniergeucy Regulations, the Miuister said the Government had never yet authorised a tribunal .to deal with an mclustrial dispute under circumstances such as those obtaining in the present carpenters' dispute, i.e., where there was a direct refusal to accept and. abide by a recently-made award of the Court .01 Arbitration. Tribunals liad been appointed to settle disputes conceruing the interpre.talion of awards or to assist in settling provisions goveruing terms and conditious of employnient where there wero teehnical ditficulties in the way of uuiking awards. In tlie present dispute, howover, the carpenters had announced ihcir refusal to accept the decision of Ihe Court of Arbitration as soon as the (lecision was made known to them iilthough, by procedure laid down under the l.C.and A. Aet, tliev were required to accept the award without question. It was true there was no appeal against I u decision of the Court of Arbitration but this was in coiuplete accord with

the wishes of the trade unions themselv.es and was intended to guard against the possibility . of unions being involved in protracted and expensive Legal appeal proceedings. Mr. Stanley knew when ke commenced proceedings under the I.C. and A. Act which led to the maldng of the present carpenters' award, that there was no appeal against the Court 's decision. He also knew that by takLng part in the proceedings he wa.pledging liimself and kis union to accept and abide by the award when it was eventually made. The setting up of a tribunal in these circumstances would amount to establishing a right of appeal against decisions of tlie Court whereas it always had been the aceepted principle that the Court 's deeisions are iinal and not subject to appeal. ( ' ' The Government can see no reason for setting aside this very good principle that has been aii integral part oi our coneiliation and arbitration system throughout the oi years of its existence, " added the Minister. With reference to the suggestion that. the Government could take action against the carpenters, was that to be eonstrued as an invitation to the Government to proseeute the carpenters or as Mr. Stanley's confession of culpability in connection with the goslow? It was diilicult to believe that Mr. Stanley was seriously suggesting Government action against the carpenters as a possibie solution of the pre6ent dispute. "Mr. Stanley's fmal suggestion that another' conference cquld be held between the carpenters and employers, is a matter for the carpenters and employers "themselves to consider. It Could be iVorthwhile only if it was intended ras an indication that. Mr. Stanley is williug to have the dispute settled by an appeal to reason rather than by an appeal to force. If it is so intended, the employers would be entitled to expect as a prior condition to the holding of the conference that the carpenters would resume normal'work and the union give up its attempt to'dictate terms to the employers by direct action," said the Minister. "If Mr. Stanley sincerely desires to meet the employers under sucli eonditions, I sinai 1 be willing to ask mv Department to bring the parties together."