THE ARBITRATION ACT.

Dominion, Volume 2, Issue 618, 22 September 1909, Page 4

THE ARBITRATION ACT.

-AS APPLIED TO,HARBOUH BOARDS. , ti!;; ", ;'^TEKESTING.DISCUSSION.; '; ■■', ;T,he position of harbour boards in. relation to the; Industrial Coßcilia'tipn nnd 'Arbitration Act was,tho:subject of an ■interesting,debato at the conference of'the Harbour Boards' Association yesterday.. Kecent legal developments were summarised in the': report of the eiecu-' |iva as. follows;—" The point having been raised in Dunediii as to tho jurisdiction of tho Arbitration Court to: make an award binding on tho employees of local bodies, tho Judge of the Arbitration Court referred.the matter to the Court of Appeal,. The executive 1 ' instructed the association's solicitor'.to ajpear on behalf of affiliated boards. Judgment was given upholding the. jurisdiction of the Arbitration Court,.- except .'so far ; as" relates to officers , and '■ servants '■•■ lawfully . appointed under. -Sectjon 38 of,, the.; Harbours Act, 1908, who aro-paid by 6alary. and. do not receive wages.. Copies' df. the judgment were Gent-to all -members." ~,.;'..-■' ;>■;. Harbour Boards and Arbitration. 1 Mr.j'j. A. Frostick (Lytteltpn) moved:— : ' That, , liavinp:regard.to tho peculiar con-' ■ 'ditiohs obtaining'in the administration andof; shipping ports in New Zealand ■ iby.harbour.boards,-, this, association urges upon tho'Government the-desirability of 1 exempting harbour.'.boards: from the;provi- - : sionS of the Industrial Conciliation and .. Arbitration Court of Appeal hay- ,'■, ing ' deoided.. (oh ..^August; 2)' :'■ that; publio \ bodies como under • the 'provisions of those. -Acts;' but > that, harbour boards should not" "■ pay; lower. than;;aivard wages... ■'.'■•■ ■•"' "'■"■. ;ThVmover 6aid:the, inclusion ,pf the', barbpur.boardswithinithe Act was not'due to any: want, at_ fair treatment on their part of the nien working'under them. It was' absolutely, necessary that '.the; control of the servants of the boards should-be direptly in the boards' Hands Independently, of.;, any. '.self-appointed body. ■' :-The railways and. other publio enterprises were not subjectto the Arbitration Act, and if'this was'.'right in the interests of the publje, .'surely .harbour;.boards should also be ;exdmpt.';..',.The .carriage. ; of; goods, he pointed out; : was affected,'just as in the case of;tho ,Tsilways.!- : ..-'.'•" •■•"'■'.•'.■.-'''.'r;.'' ' v - ";■■''•!" ■.■':■■•'■'<'■ : ;llr. Murray (Warigamii)'seconded tho motion. The, question, ho'.said,Especially affeoied bar harbours, like Wanganui!-;- It wonld be a very serionS: thing for] them..to be subject; to the 'Arbitration". Apt. ■'■■:■'-':- : .'- , :'. .',•-•■■ ■•• ■' ■f>Mr.;,;.J. B. Connett ; (New. Plymouth) ..said work:on .the. waterside could'not be carried' on under, hard and fast rules. ' -'■'.■.:■:■'. ■■'; : .'-''■■'■■■ . ; ,Mr.' G.,8. Bullock' (Otagoj 'said that harbour bbard.y.did, not.wish, to pay-.lo,wVwages, 'and indeed:the'Otago Board would be paying lower wages than at present it.they, were guided by .th'pl'.Act;.. , . , .;'.- 7 '.-;' , . ■'■: -r., ,'.'■■:■-'-:"■' '■■■ ■'.'■,-T .'"-.v,;. "■;/■('Mri.R..pletcher ; ,Agflinst Jhe Motion. ■■ Fletcher ;.(Welljngton). opposed." the: resqlntion.' , Municipal bodies '.were. subject' to the 'Act, and -lie thought the' employees- ought to.'hayea' , Court-to .'which:they conld-go. Hβ' was , oonfidentithat. 1 the : Court would take account."of the'different oirennistanoes.;arid , conditions 'of -the' work, in. different-places; ' : -.v'Mri'E.,Maxwell;(New Plymonth) e,aid it was absplutely:'impossible to.'regulate hours; in certain harbours, whioh were subject.,to.weather and', tides and other -{of o'es that'were, beyond COUttol.: : ■/■/: ■■■■■:. '■'-,'' : "- : .-i'.' ! .' ".

' ■■ :' Vyejjjngton's .Special. Conditions./V V . '^The : ipres'identi: : Mr. T. thV Cpurt'-before making awards .would study' the. local '■".conditions;" and (proceed -on reasonable lines;,;' One of the difficulties .to. be considered by. the/Court'Troulil be the. hours of ceasing ■work.'.whicli.npcesss.rily differed. according* to £he' ; different' classes; of.'work, ;and this; would '.necessitate' .tho"..keeping"-: of ;separate -sets' 1 : of ■booksi. , 'Another difficulty was' , that .'the place for.the ongiigement.pf labour would have to be shifted froni -the board's premises to tho offices of the'union,' !a'nd there.was also the. question: of the niultiplicity ;iJf ttwarils,' As 16 the effect on', the workor, ■ a . hand, 6)ich as a; 'Ittbbilrbr, ■ stbreman,>,tolly ■ clerk, or toll. clerk, •thongh'.'.on l tho. permanent stall,' could, not bo discharged under present conditions, without a fortnight's'.: notice..-■ They got 6 days'.' pay for K.hours.wbrk, a;yearly holiday, and'h'alf their .iusuronce, ■. lt>' ; was.-iiot'-likely that, the'board; -wo'uld'alter ..the 'position of ■ tho; permanent ilahourer3, ; Jie.would that ,'under a "beard"that'waSinclihed.to'take the bit between. its; teeth;' changes detrimental to ;them .-.might, •take place if tlie board wbre made subject tp an award in itadealings;witli'thom.-.;.ThejArbitra-tion Court had stated that the Wellington Har--hour: jJoard'e.V.penuanerit 'hands;- w.ore" ; paid 'higfiervwages- than tho : lrieu ■'doing''the'.'same. lit was a fair thing for the .boards to bb under the- Arbitration'; Act,, '.and the difficulties'!: he had' mentionied'. could : be-placed .before'.-the Court byithe.boards.;.Jf the delegates.believed' in ; tho.principle of.indusbial arbitration,; and were wopaiod'to give ro'asqnable wages, he-did , .nbt.'seo.jiow, .the; Arbitration-Act' was. going, to. trouble theih', '.Any,board would bo able to go .'beforp.'thb, Court-iind ,bxpla,ih its 'peculiar, position; arid.have tin'awttrd made :<HbS opposed .'the-' motion, 'but "added 'that-jn, ■'was expressing his. personal ; opinion, aud was not'.epoaking .for' the" 'Wellington Harbour ■■BbaTd.- ,^.'r; '^" ; -'.' ; - L ." i .' : .■'■'•:■'■■.■■ ■ : V ' • .'.•.'•.: ; ;..'JV;.'. ■/■.iEx'filiniJtor's Interesting View; ■;■,■■ ■ .VThe, Hon.' , J; 'M'Gpwan, lt.li.C."'(Thai!ies),-saiu .that awards'vere apt tq;iis wages highov than ■the' ccon'omib. value .of •:the work, and 'that meant-that if-;tb,e,.arbitration -system .was- to continue, ..there, would bo continuous;, arbitration, ,a : constant endeavour- ( to'.'got: awards varied; mid a good doal of 'difficnlty. Labour; did not-see" far.enough tb/recognise-tho-conse-'. ; quence^of,tho passing/of; laws that forced,in- ■ dividuals.and harbour^boards and local bodies to pay. wag'es"above .the. economic .value of the wprk.' The only.way:to.mako.thorn see'was to .cause'.all to' obey the law. . ; Thon/.when "its'.full effect Was seen by everybody, the : peoplo would ■in'eist'.on-having;ittmodifie'd; in-some respects." . ■'.'Mr.; W..J.; Napier: (Auckland) said the 'last .speaker- had discovered' a 'mare's'' host.-' .He seemed'to'have.jumped to.the conclusion that the .Court '-ivpuld ;in-'.th'e fiiture award wagoa '•higher thanVtho work;was worth.". ' ■-.•': '■':- ■ ■' !,■ :; Hr.-lt'Gowanilthas done: it. .-., /,',. ■'•': Mr. -Napiei!, contihuingi : 6'aid : . that the Court had sometimes "reduced' wages, 'arid- Mr.. Justice 'Cooper,'■•'when"judge : of the' Court, had in ..a yert interesting.judgment laid.,down the prin. ■oiple.which;..should, guide.the Court in £xin(j waxes! l ".Ho wbnl'd commend that judgment; to the .attention -of-tho Hon/,Mr.:H'Qowan.;. .. ;

•-'••, Mr. M'Gowan: -jve read it.■'■■. .■;.-" '" ■ . . T.MK'RV Sloore'. (Lyttelton) said that Mr. M'Qciwan'e'idea'. seemed-to -be to do evil; that "good ■•might conip.", -The' Lyttelton ..Board. paid higher' wagea, than • the v local awards required, but-the-question'at. issue was ono of control.. ■■ Mr.: A".C' Stubbs (Waitara)- said .he , would, be.6orry to seo harbour, boards suffer the same miseries aspriyato-omployers. .As,soon as an award'was obtained, agitators came and; made trouble.,- It: .-was ■.■unnecessary-'.to ■.stipulate';in the resolution that the' boards should - pay as good wages as.awards in the district^ required; because men would-not work for less-wages than ,, were-being. , paid in'., tho neighbourhood. The present'labpur laws made it a misery for anyone to'employ labour. ' ;-.. .' .' ; .■'.-;.''..'■;;'■'; ; :r-|yir, CaurensonY Views'.;;;.'■■!' V;.;' .-• Mr. G.'rtamonsoßi'' M.J , . (Lyttelton), quoted Popye's Diary:to:show.that in the seventeenth century there were'■: complaints about tho stir., ring up. of strife between masters and men." Stae of tho ep'sakors-sosmed to .be going back 1 to. that century. He "asked them to 'think of ,-the- bitterness and : bad feeling.;that existed 'jrherovtherb. was no .Arbitration Apt, and whero strikes' occurred. , ' It'hod"be«n ! said that there must .be no interferenco between- the boards and'their employees, but tho samo might have boe'n r saidin regard-to any employer'and those .working for him. As long as the. Act. was'ln forcei'ne clid'-not the boards should ■ object to pome under it.. The Lyttelton Board had nothing to'fear'from it; in fact,.it would enable that body-to, pay lower wagoa and work its'men'linger Tiours '. present..; Public bodies should set'an exfuntle in this matter. It '.'would;W-'to their advantage to have a Rood clean-cut award, and , know, where they were. .Mr.-J.>V. Brown that,, if ■ the boards-wore paying .suojv ni^h. , wages as ■statedi'there'.waa no need : to: object, to being under the Act.. 'V- 1 : :-iV. , .-. -.'.' -. .'■ ■ •,'Jlr. Frostick said;he. behoved m :the principle of; arbitration, but held' that'it should not:be applied-to publio bodies. The harbour [board,\aa - a 'public body, employing'men of a number :of; trades, had to conform to as many different awards. Ono award applying to all aboard's employees would be quite, a:' dlfforont- thing, and he would not: object' to .it. ; : The motion ;was'carried by 17 votes to 12. ;