IS IT TO GO?

Dominion, Volume 3, Issue 857, 1 July 1910, Page 2

IS IT TO GO?

THE ARBITRATION COURT. HUMOURED CHANGES CRITICISED. It has been suggested that the Arbitration Act as it now exists may be done away with, that the powers of Conciliation Councils will be extended, and that the Supreme Court will deal with appeals from tho Conciliation Councils. .Such a drastic, change—oven if it be merely rumoured—is entitled to some little consideration, and yesterday a Dominion reporter obtained the views on the propositi of somo gentlemen who liavo had much to do with the Act in New Zealand.

"I noticed tho reference to the proposed change, which would mean tho throwing overboard of the Act and tho Court," saiii Mr. AV. Pryor, secretary of the Nov,- Zealand Employers' Federation,

"and though 1 am only speaking for myself, having consulted no one, I feel suro that the federation would strongly support the retention of the Arbitration Court in its present form. The presence of permanent assessors on the bench must bo of considerable assistance to tho President of the Court. The new idea might be feasiblo if there was a prospect of arranging conferences between employers and employees without the assistance of Conciliation CouQcils, but if they art to be retained, I think tliot we must have the Arbitration Court as aa appeal court."

The Labour View, Mr. E. J. Carey, president of the Wellington Trades Council, interviewed on the matter, said:— "I heard of the rumoured change in tho constitution of the Arbitration Court some weeks back. The press intimation to that effect comes not altogether unexpected. Up till now I have given no consideration to the'proposed alteration, nor do I believe that ai;.y trades council has as yet dealt with the subject. I therefore cannot speak for my council, but I think I am safe in saying that organised labour will not accept the suggested change without protest. I well understand that on the score of decreased expenditure the Government might attempt legislation on the lines indicated.. But as against that I submit that tti« Act, in spirit at all events, was framed for the benefit of the wage-earner, that it is one of the most important on tn« Statute Book, and that tho question of the expense of its administration should not entitle the Government to introduce amending legislation which in the end may result in Its emasculation. Many of us perhaps are inclined to say oflhandedly: 'Oh, let the whole thing go by the board; the Act's no good to us/ but unfortunately because of tho weakness of some of our organisations we aro compelled to rely on the Act to a very great extent for tho betterment of trade working conditions.

"Unsympathotic Administration." "Our complaint is, and has always been, not against, the Act, but against the glaringly unsympathetic administration of it. Had we a Judge Higgins here, or even a Judge Gordon, I believe that tho workers as a whole would be quite content 'to have the Act altered so as to givo to such a judge the sole power of determining tho rights and wrongs of industrial cases, as is the case under the Commonwealth Arbitration Act. But until Parliament lays down clearly and specifically tho lines and principles on which an industrial award is to be framed, until we can get a President of the Court who will take the spirit of the Act and administer it on broad humanitarian princiDles, I don't think our organisations 'will readily acquiesce in this continual chopping and changing of the clauses of the Act, If the permanent assessors on the Court are abolished, and tho district judge on cii> cuit is to bo the appeal judge in industrial cases, what better results will accrue to the workers? The Council of Conciliation, perhaps, would have conferred 011 them greater powers, tho chairman perhaps being given a casting vote, but what guarantee is there that the district judge will not on appeal upset the Conciliation Council's determination. Again, on such councils, if the clmiigo is made, thero would be no permanent position excepting that of chairman. Personally, I am dead against the present method of appointing assessors from the ranks of the disputants to sit just to deal with tho one individual case only. I want to seo some finality, some permanency. Messrs. M'Cullough and Scott, tho present lay members of tho Court, have a bigger say in the awards of the Court than the ordinary unionist is prone to believe. Tho atvard is often the result of a bargain between the two. There's something permanent about their position—a permanency that cannot be expected from a host of continually changing assessors on tho several Conciliation Councils. You ask me to suggest a scheme for the betterment of the situation. I answer that personally I favour direct legislation on all such matters as hours, holidays, preference, and even tho proportion of apprentices, leaving only the question of wages and other minor matters to a conciliation council or board (call it what you like), the members of which, apart from the chairman, shall bn appointed for a permanent period by the employers and employees -respectively. The chairman to 'lave a casting vote, the legal fraternity to bo kept entirely out of the proceedings, and appeals on good grounds only to be dealt with by tho Minister- for Lal/our."