ARBITRATION.

Dominion, Volume 6, Issue 1853, 12 September 1913, Page 4

ARBITRATION.

THE NEW AMEMDING BILL, COURT UNALTERED. TIIE UNREGISTERED UNION'S TROUBLE. NEW PROPOSALS. "PENALTIES FOR INCITING." The Industrial Conciliation and Arbitration Bill, described as "an Act to consolidate and amend the law relating to the settlement of industrial disputes by conciliation and arbitration," wis introduced in tho itou.se of Kopresentatives yesterday by tho Minister lor JLiabour (the Hon. \\'. F. Massey). The two most important' features or te iiill are that 110 cnange is matlo in tlio constitution of the Arbitration Court, and that provision is made to enable strikes and lock-outs by persons not bound ,by any award or industrial agreemont to'bp dealt with under tlio law. Interpretation. Several important now provisions are introduced into the interpretation clause (.2) of tlio Act. " "industrial matters," tlio general term to include everything coming, witiiing the scope of tjie Act, is made to include "Tlio claim of the members of au industrial union of workers, or of any section of those members, to bo employed in preference to other workers, whether members of tho union or not." 'l'he old clause took account merely of tho claims of unionist to pro-, ierence.

The definition of "striko" is widened to include not only discontinuing employment, breaking contracts of service, and refusing or failing to return to employment lifter .discontinuance, but also "'refusing to enter into, fres'ii. contracts of service." The following proviso as to evidence of a strike Is important: "Tlio fact that ten or more workers have discontinued their employment simultaneously : or at times nearly simultaneous shall, unless the contrary is provctl by such workers, bo conclusive evidenco that sncli discontinuance ivas- due to a combination, agreement, and common understanding made and entered into by such workers." Tlio definition of" "workers' is made to include a person' who docs work, "whether for a lump sum or otherwise, pursuant to a contract which substantially provides only for the performance of that work, and for payment in respect thereof." JL Registration of Unions. Eifteen workers in "any specified industry or related industries in any industrial district or in any specified part of an industrial district," it is provided, may, apply for registration as a union. Tlio old law did not permit of an application coming from workers in related industries. The rules of any such society aro not to require any member to givo more than threo months' notice of intention to discontinue his membership. ' Where tlio Registrar is. satisfied that tlio number of workers engaged in any industry in. any .industrial district .or locality is less than 60, the application •for tlio 'registration of a union may : bo made by a liumbor of workers not j less than 25 per cent of the total. A union, the members of which change their placo of residence to follow their employment, may bo registered in more than ono industrial district. The register of members of a union is to be open for inspection by tlio Registrar or an Inspector of Awards at all reasonable hours. Any person who refuses to permit the register of a 'union to be inspected is liable to a fine of £10. Cancellation. Tlio following important provision imposes conditions which may be insisted upon antecedent to the granting of cancellation of registration:— "Before cancelling the registration of an industrial. union, of workers the Registrar may require a secret ballot to be taken in the manner prescribed by regulations. At such ballot only those members shall bo entitled to vote who arc workers employed in tlitS industryor industries in connection with which the union was registered. If, beforo an application for cancellation is received by the Registrar, proceedings against tiie union have been commenccd under tliis Act, the registration of tlio union shall not bo cancelled until the termination of those proceedings and of any subsequent proceedings arising out of the same."

It is sot forth also that tlio Court may order cancellation or certain specified acts or omissions on the part of tlio union, 0110 of them being that tho union "has incitcd, instigated, aided, or abetted an unlawful strike."

Industrial Agreements. The following clause applies to tho oxtension of industrial agreements:— . "At any time while .an industrial agreement is in force tho Court, either on its own motion or on the application of any party thoroto, or of any person affected thereby, may, if it is of opinion that-tho agreement should, in tho interests of tlio parties or of tlio public, bo amended, order the parties to so amend it, and may order that until such amendment is made tho oporation of the agreement, or of such part, thereof as the order directs, shall bo suspended." ' The Court is required to make an order extending tho operations of an industrial agreement to mako it apply to any specified employer or employer*, in tlio industry affccted, unless sufficient special reasons exist for exempting such employer from tho operation of tho agreement. • Conciliation Proceedings. A number of amendments aro proposed in tho law relating to conciliation proceedings before tho Commissioner. Tlio most important amendment is that under which any union, or any other person, affected by tlio dispute under review, but not a party to it, may appear beforo tlio Commissioner. It is proposed also that n tho Commissioner may "whenever ho lias reasonable grounds for believing that a dispute exists or is threatened, and whether or not application has been made to him," tako steps to procure a voluntary settlement of the dispute. , The Court. As already stated, tlio constitution of-tho Court is not to bo altered. Tho president will still bo a judgo of tlio Supreme Court, and ho will bo assisted by a representative of unions of employers and a representative of tlio workers nominated by the Government oil the recommendation of "unions of workers for the time being respectively bound by any industrial agreement or award." A number of new provisions to apply to the appointment of tho nominated members of the Court are in the Bill, but tlioy relate to procedure only.

A similar indulgence to that already noted with respect to conciliation proceedings is given to unions or persons affected by, but not parties to, a dispute, to appear in proceedings beforo the Court of Arbitration. It is proposed to give tho Court "power to extend the award so as to join .and bind as party thereto any specified industrial union, industrial assqciation, or employer in New Zealand not then bound thereby or party

thereto, but connected with or engaged in the samo industry or industries as that to which tho award applies: lirovided that tho Court shall not act under this paragraph unless it is satisiied that the conditions of employment or of trade are such as make it equitable so to do."

In certain cases, it is provided, tho employer may with tho approval of tho Court . substitute special provisions for tho terms of an award. This will apply to'cases where an employer has in liis employ workers who aro members of different unions, bound by different awards, and it will allow him to apply to the Court for an order approving a schedule of conditions applying to all tho business or businesses uuder his control. "Cancolled" and "Now" Unions. A wholo now part of the Act relates to tho situation which , arose in tho Waihi dispute and tlio slaughterraeu's dispute of last year—tho registration of a new union on tho cancellation of registration of an oxisting union. Following is the full text of the now clauses: "If a now union applios for registration as a industrial union at any time within three months after tho cancellation of the registration of a cancelled union, tho following provisions shall apply:— "(a) If tho members of tho cancelled union liavo taken part in an unlawful striko as definod in Section. 133 of this Act, within one month beforo or at any. time after the cancellation of the registration, tho new union shall not liavo included in its membership until "sfter its registration any member of tho cancelled ufiion who has taken part in tho unlawful strike. "(b) Immediately upon the registration of the new "union it shall, unless and until tho Court otherwise orders, become party to and bound by tho terms' of any award or industrial agreement by which tho cancelled union was bound immediately prior to tho cancellation of the registration of the cancelled union, as if tho new union, in lieu of tho cancelled union, had been a party to Buch award or industrial agreement; and all employers and' other parties shall, unless and until tho Court othorwiso orders, bocomo bound by tho terms of such award or industrial agreement as between themselves and the now union. 011 tho application of any party the Court may so modify tho terms and conditions of any such award or industrial agreement as to cnablo full forco and effect to bo given to this provision. "(c) The new union and tho members thereof immediately upon tho registration of tho new union shall, unless and until the Court otherwise orders, have tho boncfit of all tho terms and conditions of auy such award or industrial agreement, including the benefit of the terms and conditions relating to preference to unionists, if any such terms and conditions aro contained in such award or industrial agreement. "(d) Tho of paragraphs (b) and (c) of this section shall have full effcct notwithstanding that tho currency of tho term of tho award or industrial agreement may liavo expired before tho registration of tho new union. "This part of this Act shall have full effect ontwithstanding any conflict between any of tho provisions of this part and any other provisions of thife Act: and 110 other provision of this Act shall bo so read or interpreted as to prevent or limit tho Registrar, or the Court, or tho parties from giving; full effect to the. intention and provisions of this part oi this Act." Striko Penalties. • The ordinary penalties for unlawful strikes and lock-outs remain as before, but'tho following new.'cla'Use. prescribes penalties lor oliences by persons not parties to the strike: — "Every person who incitcs, instigates, aids, or abets an unlawful striko or lock-out or the continuance of any such striko or lock-out/ or who. incites, instigates, or assists any person to become a party to any such striko or lock-out, is liable, if a worker, to a penalty hot oxceeding £10; if an employer or any person other than a worker, to a penalty not exceeding £500; and if an industrial union or industrial association or any society registered or incorporated under any Act other than this Act, to a penalty not exceeding £1000 or tho sum of £10 for every member of such union or society or for every member of tho several industrial'unions comprising such industrial association (whichever amount is tho less)."

Somo Entirely New Proposals.

A new part of tho Act is in-tended to apply to strikes and lock-outs by persons not bound by any award or industrial agreement, which means, in t-heso days, unions not registered under tho Act. . .... The method- of dcaluig with such eases is necessarily different frohi that for registered unions. If ten or more workers intend to strike they are required to give tho Minister notice in writing setting out their reasons for proposing to do so. • Then on receipt of the notice tho Ministers shall direct •tlio holding of a conference of tlio parties with a view to tho settlement of tho dispute, or ■ refer the matter to a "Labour Dispute Committee" for investigation. This committee is to bo appointed by the' Minister. It shall consist of from three to seven members, of whom ono. shall brf chairman, and the members other than the chairman shall bo appointed as representatives of the workers and employers respectively, an equal number for each. Tho committee, after the investigation, is to report to the Minister in writing, and i if tlio attempt to settle tho dispute is not successful tho committee shall make I recommendations for tlio settlement of the dispute. Tlio recommendations are then to be advertised, and it the dispute is not settled Avithin 14 days of tlio receipt of tho uotico by the Minister, tho Registrar shall conduct a secret ballot of the worKcrs on the question of whether the recommendations shall bo accepted, or, m cases where 110 recommendations have been made, whether a- strike shall take A proposal that a strike shall take place shall not be deemed to be carried unless a majority of .the persons entitled to vote on such proposal voto in favour thereof. A proposal to adopt the recommendations of a Labour Dispute Committee shall bo deemed to be carried unless a majority of' the persons entitled to voto 011 such proposal vote against such proposal. If ton or more workers to whom this part of tho Act applies striko without notice, tho workers shall be deemed to b» liable to an unlawful strike, and -shall be soverally liable to a penalty not exceeding £10. Similar previsions I aro to apply to lock-outs, and failure to give notice of a lock-out is punishable hv a fine not exceeding £»00. Iho Minister may, however, reduce tho period of notice required of workers or employees in any particular case.

Penalties. fiie following penalties are prescribed for assisting in strikes or lockouts which are not in contravention of an "'"Every person who incites, instigates, aids or abets an unlawful strike or lockout"'under this part of this Act, or tlio continuance of any sucli strike or lockout, o rwlio incites, instigates, or assists anv person to becomo a party to any" such strike or lock-out, is liable, it a worker, to a penalty not exceeding £10; if an employer or any person other than a worker, to a penalty not exceeding £500 j and if an industrial union oMiidustrial association or society registered or nincorporated under anv Act other than this Act, io a penalty not exceeding £1000 or tho sum of £10 for every member of such union or society or for ever ymember of tho several industrial unions comurisiiw euch indus-.

trial association (whichovcr amount i( the loss). "Every person who makes any gift of money or other valuable thing to or for tho benefit of any person who ia a party to any unlawlul 6triko or lockout under this pnrtshall bo deemed to have aided or abetted the striko or lockout within tlio meaning of this section, unless he proves that lie so acted without the intent of aiding orubottuiK tho striko or lock-out." /• • • ■ Partnerships, It is provided that a contract of partnership shall not discharge the parties thereto from the obligation of any industrial agreement or award unless tho Court is satisiied that the contract provides that a substantial' share of tho profits of tiie partnership concern is insured to each of tho-parties thereto. Every such contract shall, so far as it fails to conform to the requirements of this section,' bo deemed to bo null and void, but shall not bo otherwise affected by this section. Mlscollanoous. A voluntary agreement reached witln out process under tho Act may be filed with the Clerk of Awards, and so mado binding 011 tho parties. A general penalty of £10 and £0 extra from every day tho offence is continued thereafter for breaches of tho Act for which 110 specific penalty is provided.