A BLOW AT ARBITRATION.

Dominion, Volume 1, Issue 75, 21 December 1907, Page 4

A BLOW AT ARBITRATION.

Since tlie 'principle ; of'' industrial arbitration was . in ; New Zealand, there lias not • arisen in connection with- it any question at all comparable ; in importance' with x tlie principle involved. in the - trouble between the Westport Coal .Company and 'the Denniston Coal Workers' Union. To make the position clear to a public ihat probably imagines that the affair 'is an ordinary kb.our'dispute,, it is do-! sirableto outline the present situation fi'om ' its > remote origin.- The- Coal Mine's Act. of 1903 -provided thatSubject to tlio provisions of nny" award now in forco under The Industrial Conciliation and Arbitration Act, 1900, • a minor' shall bo entitled to bo paid ovortimo when ho is employed underground in a niino for more than eight hours in any day, counting from the timo he enters the underground workings of the mine to the time' he leaves the siime, Parliament, that is to say, enacted that,-unless otherwise provided in an existing Court award, the miners should receive what is called' " bankpayment. At that time the Denniston miners were working under an award which, provided that the ordinary working day was eight hours ,; at the face," and'that award is at present in force. In 1905' the. clause ..ire haYfl Auoted above was ia-p.na.r.ted

in another Coal Mines Act' Amindment Act, as follows (Clause 37) : Subjcct to tho provisions of any award ill force under 'Lhe Industrial .and Conciliation Act, 1900," on .the twenty-third day of November, 1903, being tho date of (ho coming into operation of Tho Coalminos Act Amendmont Act; 1903, a"mincr shall be entitled to be paid overtime when ho is' employed underground in a mine for more than eight hours in any day, counting from tho time he ■ enters the underground workings of -the mine to the time ho leaves the same. - .... Last session, however, a Bill was introduced to repeal that portion .of this clause- which, subject-s the,/ 1 bank-to-bank "-principle: to the. award of' ■ the .Court. ; The -material - clause, of this Bill, reads, as. follows :-. Section 37?.0f the. Coal Mines -Act; '1905, is hereby ani.eiulcd by-repealing all the words from the commencement of that section down to, vand- -inclusive of, the words. "Amendment Act, 1903." .... ... . . This . Bill became law in the face of the' serioiis warnings of the Hons. J. 11.Sinclair," O. Samuel, and others, I and" enacted' thit;-irrespective of' Ar-'-, bitratioii Court awards or anything ! else> overtime must be paid for the time occupied iri ' travelling from "bank" to " face," a-period of about forty .minutesj; for;;.which jno :'over.time is under ,th.e. award, at present in; force. : Relying upon the undoubted fact that the Parliament of the country has laid, down the " bank-to-bank" principle by an express invalidation of the Arbitration Courtis- governance of the question of- " hours;" -' the" Dennis'ton Coal' Workers'' Union ordered members .to assert the 'extinction "of -the ".hour's "i claiiSe" "(Clause ■-'-16) ; of 4 the Court's award; The' Court", holding that it had no authority, from'- any Act-, or from its own'decisions,'-.t'(>. ; treat Clause ;16 as no longer binding, decided 'that the Union ; had. committed ;,a breach; of the award. The Court may have been right.or wrong,, that is just-one.more of those.legal puzzles which Parliament devises'-'so .profusely nowadays.. Hence has arisen the present trouble. Sympathy is due...to ;the'. Court for/having been. -placed. in > -ar, dilemma# sympathy: is."diie,; : also, to- the men*; as' victims'of a legislative 1 muddle., ' ''By on' obedience ■ to Ijthe' Aci .'ofe lasi' session,.' :they> : becomfe-rebels-gainst -the 'Court's award........The •Appeal .Court, or : the Privy, .\Gouiicil: may decide the legal puzzle ultimately; but why should a mificr,. toiling hard for his daily bread, be. thus ..exposed -to a cross-fire while the. blunders -of ■ the Legislature are being set right?-""All, .this,, however,, is by the-way, and of comparatively small moment K jßprii^"i^d\._iwith--'-- : principle' which events.liave exposed in. the'--Act of ';last session; ...Before tliscussing that principle, we should make it clear that we are hot touching upon the' -i-mefits- ofi- the. ; "baiik-to-bank "; , elaiisfe? ilief justice .:or injustice of the menisxdem'andsf.■oruihe': employers' The;. '$ic^', : "i'utn)Biicijd''ificious ■principle.-' of ..statutory,.iaiterfererice.with Cofli't^: 'gat'edHb :--itr: hy r : Y-icious from "its; retrospective alteration tff 'an existing award, it is equally improper! from its : reservation 'to Parliament— > and, consequent denial to the . Court— of authority to .do one of.the principal things for.which the Court was created. Instead of upholding the awards of the -Court;- Parliament has legislated to ■over-ride them. Such a principle is as pregnant-of-danger to workers.as to employers. In':. 1305,':' as" Mr. Sinclair pointed out in the-debate in the Legislative. Council on October* 1G last, 'Parliament' recognised" that .existing Awards should be respected. It passes our comprehension that the AttorneyGeneral; could; not grasp the lucid demonstration of the Hon: 0. Samuel that " the reversal, by. Parliament of .the-, deliberate -, decision-- of -a. Court ; v/]iicli .has been/.brought;into texistence by Parliament for-, dealing with the 'precise matter referred to .has . e.stab- : lished a precedent which may, in future, be quoted /by' anybody who cares to aslc'Parliament to reverse the decision .of auy„.. ,legally-i;ons_tituted tribunal.. The only justification of Parliaiiieiit's' actioio. depeMs/upon thfe. ; acceptance - ; pf .-.the Hon. ■T. Paul's .contention: that "d^rHatoeht :, must Be paramoiint',' andj.-lf'Mtf-deems-jt ';neces-; sary," to legislate oil..any. ■question, -it should- not -take : into consideration the Arbitration Cbiixt; will or willnot do on anymatter ,- iii..q-uestion." We cannot accept that doctrine without wide ''reservations.; andlfhe Govern-. meut>'s acceptance of it, and support of. the Bill embodj'ing it are-very, s.eriqus matters. .Where will Parliament's' eh-' croachments ceased " The Act is the first step towards'the statutory fixing of'hours and.wages, and industrial conditions—generally; und .no sane., man, be he .worker or employer, can. view without alarm:the prospect of turning ■ Parliament, - ill-informed, "as to .'the conditions' of 'industry, into a general Arbitration Tribunal ;.on industrial questions.- . ---■'.. '"