POWERS CONFERRED BY THE ACT.

Dominion, Volume 2, Issue 405, 14 January 1909, Page 5

POWERS CONFERRED BY THE ACT.

: It was at one time proposed that it .should 'be the duty of the Conciliation Commissiohera to proceed to the scene of 'any dispute as > soon as it.broke out, and take tho iniative- : 'in; tryihg to. cffect a 'settlement; but .the Act;. as it'finally. went.ijpon the, Sta.tutq;BcK>k, gives a;Commissioner', no- locus' standi to settle a dispute .unless his : services are»requisitioned by one or• the parties.. -. ..; J . Unlike the Conciliation Boards,-which now pass outof;existence* the Commissioners, not bo ignored by parties .wishing" to,, take I'advant age of the Act., - No. dispute ■ can ."be,. referred to tho Arbitration Court, until it tp- a Council:of Con- ; cihatioh,'consisting of a Commissioner, and . two,, four,-., or six assessors nominated in equal numbers by "the'parties dispute.; The >" ftsspssofs must. :ba ,'eugaged 'in the industry, saving;tha,t bn'e;oii'either side;may, ,with:.the ;•: -ajiprbyal; -of-', the .- Commissioner, be a. person • .not; so bnga^ecl.:' !The.' Commissionfer has only' :a,.'casting : votei, .and; that "only .in . matters ■ ' other than the making of a .recommendation.;, •}', K. is the duty- of the council to. endeavour; -, to ! induco:'the parties' to' the dispute' to arrive ■■.. < a£xa sb l ttleiWeht".>,''lf i .it'fails' L ,to. ! db so/within; •two . months; , -the Clerk 5 of Awards , must-'': be ; • .- notified ;.the; council- may,.';";; before forwarding this" notification; make a recommendation for; a settlement. . The coun-: ; oil must ■ be unanimous in the matter, and its'.' recommendation has- no binding I Vfofoe; : ■; operating merely as a suggestion for amicable , Settlement, ~ and as - a public notification, of ;-; the o^iriipii ; of the council as to the. merits of . the dispute.'i 'Theicouiicil is-not'to sit as a formal ; tribunal, •• or- to 'hear evidence' in a,:. ' 'forhial taanri^r 7 ;or! Hear/addresses, except/ soV--'l- - as,it thinksit; advisable so to do. •. •If thb Conc'ilmtibn 'Cbmmißsioner ' notifioa ; ' the' Clbrk- of'■ AwVrds'that'he has failed to -;' elfect.a settlement the: Clerk of Awards autb- ,i ; mdtically seiids" the' 'dispute' on to : the Court ;. of;. Arbitration;/ .Then.:the.procedure'lrecomesv; the'same; as -fat'' presbnt;"with .the' isxoeption '•; : •that,if. a ;partial settlement, has..been';.arrived. at nothing' goes on to the -Arbitration Court •:. except:-the'/matters -that;are-actually'-:in dis-' 'i:: ■pufef.' 1 ';-;' '7 ' " 'VJ" J-l." , The, Apt: gives power to the Governor to appoint any- ; number^pf r 'commissionerj' up' to -. four,' and 'to; define': the - clistribts 'within which /tliey shall : 'aet'. '-/No'-'districts 1 fbr-this purpose; ' have been defined as vet. /-: •: . ' v. ■ i'i'.- • '• 'V. ' THIRD 1 COMMISSIONER TO BE APPOINTED. ■ The/ Minister for Labour (tho Hon. A mforftedva 'swporter that p third :- coinnnssioiier-would-be< appointed, and that the appointment -would probably, bo mada when Sir/' Joseph Ward returned from the south. -It-k-understood- that -Mr.-- J. R. ..Triggs, - of Christchurch, will be tho third commis- - sioner. ... ' OPINIONS ON THE APPOINTMENTS.

;/ . THE EMPLOYERS' VIEW. ■ , Mr./ W, .secretary, of the Employers': Federation,: informed a i)63S-ifciox representative that- the appointment of Mr. ■ Hallej. would be very/satisfactory to'the employers, /whp.'iwsuld also, be well pleased if Mr. Triggs' J'woro/'chosen. , Mi. ; Halley, he - said, - was at i/present:'Chief ''lhsp6ctor;/of the Labour Department in Dunedin^. Ho had a / thorough knowledge of the Arbitration Act and tha -working- of the. Arbitration. Court's awards,, which. should., stand -hiin in good/ stead in his: new; position. " He: had. also proved himself a capable: administrator. Mr. Pryor had Ms . knowledge of- Mr. Giles,. but he thought . : it'was a-pity .that both the. men/iappointed ;.had 'not 'had;some experience of :the country's labour .laws to guide them in their deliberations with ; the -Conciliation Council. , The ■ new commissioners, in order to do successful work, must be / exceptionally : strong, men, with power to control other, men, and cause divergent interests to agree together in a common cause.- "Mr.-Triggs was a good .•an, who hfd proved his vaiuo as chairman of the Canterbury Conciliation Board. By the employers he was considered to .be the only;' chairiyan of a Conciliation Board who had '• done"'anything.'worth*callirtg w'o'rk at all.^

CHRISTCHURCH CRITICISM. ■ i (BY TKUSQUmi.— SI-ECi.U euKiiESI'ONUB.NT.I ■ Christchurch, January 13.' W: Hobbs, president of the. Canterbury .Emplbyers': Association, in an interview with'.a, representative of,,.the"Press"'regarding; theappointment of; Conciliation'Coramis- ' sionersj remarked''that neither of the gentle-.' nien appointed was known, to him .personally.; He believed that Mr. P. ; Halley .had-a good reputation, and 'was viewed favourably by the. people.of. Otago;.as Inspector of Awards. In;'respect, to . Mr. .T: ; Harle Giles ho (Mr. Hohbs) ' .had no I information respecting his' 'Comirction .with industrial affairs. :It seemed to himvand t9'|,the jijemjbers, of his .association very'iieciessaiy that the gentlemen..appointed .as Conciliation Commissioners •'would..' -bo-", "thoroughly conversant, with' industrial or manufacturing cojipeiis. ■ If, as he had been, led to ..uiiderstanci, Mr. Giles is somewhat of a practical; theorist/the, appointment would ~ probably, .bring;, tho; position into /disrepute', very quickly... Knowing, .as they did, that . other., capable and good men are available, the, : .appointment .of Mr.; ; Giles had caused a'" great'dsal bf ! :surprise-to.;thehi. ,The sugges-. tion ; tljat ' Conciliation, Commissioners should be .appointed .had emanated from the Canterr bury :Employers' Association,. and in their rcprpsbiitation to the Government they -had strongly that very capable men should be appointed, of otherwise the Commissioners 'waulds.not'"j:ealise- what was - expected from, them.*- :Their,;. : s.uggestion-;was; that, the ; soris' appointed not lesser' calibre than 'ii "stipendiarymagistrates though thoy;3id'. notn&essarily; desire that', lawyers should be .selected, ,! tho s idea' being that; the:.:persons. : appointed .should he' in "commercial, or business circles of equal standing to' a magts-traite-Tjrien./iWith-a.igoqd general knowledge and men, iif possible, with actual experience of' manufacturing -or-industrial -methods. Tho associations suggestion was .not. incorporated' in 'the' GWer'nnlenty Bill '8f 1907, but it was taken T Up;by ! We';Emplpyere' Federation, and? lSst.'-'sfessi'on-Mrl- G.''T- Bootli gave very lengthy evidence oni'the -subject-: before the Labour Bills Committee.. - As. a result," tho .provision for.;.the .appointment,of .not .more." 'than four' Conciliation' Commissioners was included in last year's. Bill, which diily i became la^)' , a-. , ;vv'i;^-v.V'. [

1 THE COMMISSIONERS' CAREERS. .-it-.■■ MR HVLLEY. :;.;Th'o:, announcement Jasfc. month pi 'Mr. P. . i-Halloy's-appointment-as one of the-Concilia-i tion-Commissioners proved to bo-inexact but -■ prophet.l 9 (telegraphs our Dmiedin : eorrcai pondent)'. Mr. I'atricl;. H alloy was born it , 111.. 1865, ; and was-educated-at the ■ '.Christian '.Brothers': School,, He. learned tho bootmakers',;;, trade,.' and .started a; business on his own . account. W hilo in ; that position he became secretary to tho Tailoresses' Union,-:;.' and . .over a - poriod . of. many .'years, he assisted this and other anions by nctin" as adviser and officoi; ■ and ?advocating their cases ■ in the Industrial Courts. He contested the Caversham by-election on the death of Mr. :A. Morrison,, but was defeated - by Air. T.„K,. Sidey, who has .held tho Eoat 'ovnr sino"' For four years Mr. Halley represented. I?oii/ Ward in the-City Council, and Win also ap- : pointed - to, the. Conciliation Hoard on tho ro- ' agnation of tho prescnf Minister for Eaii>v»yß

, - (Mr. • Millar) as tho representativeof the :. i workers. Five years ago- he Tetired from business, and from all his offices, to take ;:. a position as 1 Inspector of Awards in the .-.•si Government; service,, and ion tho promotion of Mr.' JLfOmas two years ago to .the Chief. Inspectorship in tho Labour Department, Mr. -Halloy;was- placed in charge 4 of.the-Dunwlm district. -Workers and employers respect Mr. Hallcy most sincerely as an industrious and . well-informed man cof ■ high .character;. and incorruptible principles.

' MR. HARLE GILES. Mr.- T. Harlo Giles, who has been offered - ' : and ha 3 accepted tho position of one- of the Vr; Commissioners- (telegraphs our Auckland correspondent) is an: old- identity ■in Auckland. -For eight'or nino years he has. been- secretary of tho local branch of the "v.-., Liberal and Labour Federation. Mr; Giles : V.: waß born in North' Staffordshire, and is the youngest son of tho lato : Mr. Henry Giles, ' • ■i-0.E.;-i'-He received his education -in •• ..Edin--h: .; burgh,', and,,-proceeding; to Manchester, 'entered'thescommercial world. The early, part, 'of his life was spent in Manchester, London, : • and Liverpool,-wheroiho filled'highly respon- ■ - Bible positions' in ; various, large v commercial ; .;... -Mr. - Giles came to the Do- ; minion -about: twenty-five' years ago and en- , ■ gaged in educational pursuits.,- He was ,under the Board of Education in . Canterbury, and Otago as a publio school teacher/. Find-. ■ v-ing that the -curriculum :of the .public school ; r was so '-restricted- and .gave so little oppor- . tumty for the exorcise of: modern ■ thought, . .ho commenced business in Auckland in 1887, ana successfullyestablished a- commercial : ; collogo wlnch ho has conducted ever- since with markeu success.. :A largo number of '.if young, men mow ocoupying responsible puf.itions m the. commercial world , received - their. ;-v.:training at - Mr." Giles's : college.: . , His com- >. yt - mercial experience. will no - doubt be of l great value in his now office • Speakinj; to a Dominion representative,- ,-■ ■ • the new-' Commissioner, expressed his .deter- : mination to do his duty thoroughly in the position, ,to -exercise honesty of purpose and steadfastness , of . aim.' ...-'.'l-.-.may : 5ay,".... ho. added,.: "that, for-- vory.j many..,years-:I-, have ;. taken an active interest'.iujthe politics of the country.- • I havo not in any way been wha*might lw termed an agitator or taken any . • - partisan stand as betiveen capital and-labour. ' i i-I ■ .tho . duties; of Commissioner . ; require tho :,exerciso 4 of strict . impartiality, tact, and common sense, and the chief . aim :of tho.Conciliation Councils must at.all times " bo to bring-about, an amicable.settlement of. :•'■■■ i':-any.'disputes■ thati 'between -capital-, our.:,vThei; establishment .of;Concilia-j tion.Councils -has .undoubtedly been- for the purpose 'of exhausting , all-; possible means of ■ bringing- about i voluntary- settlements of dis:'r -'■■. putcs. It would be the duty of any man■ . occupying, the position of Commissioner to act fairlj', .and honestly in the : direction of • creating a better: understanding between employers;-and;, employees .-than-, has hitherto existed. - No l doubt-that ia.-the- rea--. :.-son -. why a clergyman- 1 has ■■ ■:; been ■: usually. . chosen in the past in Auckland as chairman -- . -.- of the Conciliation,Board,:though clergymen: as a rule lack what I regard-as.: absolutely penenco." .. .