LABOUR DISPUTES.

Dominion, Volume 7, Issue 1937, 20 December 1913, Page 6

LABOUR DISPUTES.

THE INVESTIGATION DILL.

(By H. Broadhcad, Author of "State Iwgulation of Labour in Now Zeo* land.") Hie Labour Disputes' Investigation Hill js obviously not intended to help to settle tlw present industrial trouble, the date for its corning into operation beinw fixed lor April 1 next, but its object is evidently to provido such means for tho settlement of a certain class of disputes as will largely lessen, if not altogether prevent, a recurrence of tlio disastrous.strikes which havo been lately taking place in our midst. While many of tho provisions of I'art 7 of the Arbitration 13ill are incorporated, tho measure is largely recast, o.nd in substance it rosembies tho Canadian Act. It is to apply only to societies of workers and their members who, for tho time being, aro not bound by any award or agreement under tho Conciliation and Arbitration Act, and to tho employers of such workers. Clause 4 states that in tho caso of a dispute tho workers' society may give notice to tho Minister of Labour tho parties to tiio dispute, and sotting out tho claims inado by tho society. Tho Minister then _ refers tins matter either to a Conciliation Commissioner, to endeavour to elfeet a settlement, or to a La* hour Disputes Committee for investigation. 'i'lio constitution of tins commit-, too and appointment oi a chairman arc as provided in tho Arbitration Bill, the introduction of tho Conciliation Commissioner is new, and it seems probuble that lie will, occasionally at least, be asked to act as chairman by tl.m parties to a dispute. If tho parlies tail to appoint a coinmitteo or a chairman, the Minister will roako tho appointments. Any person or society of workers or employers affected by th« dispute, whether a party to t-he dispute or not, shall bo entitled to appear before tho comrnittoo, as tlio onairnun may decide. If a settlement is not arrived at, tho committee is to include in its report to tho Minister such recommendation as it thinks fit, aiul this is to bo published at onco in the newspapers circulating in tiio district. Publicity being thus given to the reeomm (nidation, # the general community will be in a position to form an opinion as to whether it should not farm tho basis of a .settlement, and thus prevent a strike,

Before, however, any strike can ho declared certain formalities must tako pla-ce, It' ,a settlement is not arrived at within fourteen days after tho Minister has received 'aiotilication of tho dispute, tho registrar must forthwith conduct a secret ballot of tho membciß of tho workers' society who arc directly concerned in tho dispute-—(1) Whoro re-eo-mmendatiflns havo not bi?cn mado by a Labour Disputes Committee, oil tho i question rfiothor a strike shall tako place, or (2) wlioJe recommendations havo been made on tht> question whether theso shall ho adopted. If re-quested by the workers' society or by any member entitled to vote at tho ballot, tho registrar shall appoint two scrutineers for each polling place, who may bo present while the ballot is being -conducted, and it is provided that the decision of tho registrar as to whether A. member of-ij. society is or is not directly eencernod in tho matter of tho dispute shall be final. It- may be assumed, therefore, that every earo will bo taken to guard against improper voting. A fltio of £10 may bo imposed should any person interfere with tho conduct of a sacret ballot. As soon as tho registrar ascertains tho result of tho ballot he is to publish it in tho newspapers.

Voluntary Agreements, Tho provisions for voluntary agreements are similar to tho.so in I'art- VII of tho Arbitration Bill. Such agreements may be filed with tho Clerk of Awards, and any person who commitß a breach "shall bt* liable in tho sam-o manner . . , . as if ho h;i-d e<?mmittod a breach of au industrial, agreement under the Industrial Conciliation and Arbitration Act. 1908." I'roeocd* ings may bo taken in tho Magistrato'-a Court at tho suit of an inspector of .awards, or of any society of workors, O-r 1 of any employer or worker, bound by tho agreement, hut it) is exjjrcssiy provided that no appeal from tho judgment-of t-lia magistrate can be made.

unlawful Strides. If any of the members of a workers' society,"to which the Act applies, tflkfts part in a strike without having given notice of the existence of a disputo to tho Minister, as required by Clause ■1. and before tho expiration _of seven days after iho publication of a secret ha Hot, or at any tiuie before the expiration of the currency of an agreement entered into and filed, lie shall be liable to a penalty of £10. It mav bo noted that Section 4 states that a workers' societj; may Rive notice of tho exktenco of a dispute. H may tsore* fore bs asked whether the word '.shall' should not bo substituted for "may, seems that to striko without giving notice involves a penalty. At any time during the continuance of a strike, which is not an unlawful one, the Registrar way, on the requisition of not less than live pc*v cent, of the workers directly concerned, take a ballot on any question relating to tlio strike that ms.y ho proposed by the rotyuisittoii. llis Arbitration BtU provides for a requisition of 90 per cent, of the workers beiii«i required. Any employer is entitled to give notice or a disputo ill the saino manner as is provided for in tho case of a workers' society, ami the penalty for an unlawful loek-oufc is £-K)G.

Aiding and' Abetting. The penalties for aiding and abetting, an unlawful strike or lock-out ar(> similar to those provided in the Arbitration ljill but Sub-section (2) of Scction 146 ot that Bill is left out. This sub-soetioji which has been copied from tho Amendment. Act of 1008 provides that every person who makes any gilt of money, tor tho benelit of any person who is a party to any unlawful strike shall bo deemed to have aided or abetted such strike. This provision is now abandoned so far as its application to non-registor-ed workers is concerned. It is important to uoto that whilo in tho Arbitral iion Bill the chairman of .1 labour dts* puto committee is given a voto in tha determination of all questions before tb« committee, the Bill just issued give* iho chairman n easting vote only. Tlio Conciliation Commissioner, under . tlva law governing, registered trade unions, lias no voto whatever in tho making-of ■any recommendation, Provision is rnado for tlio chairman receiving fees for Ms services, but no remuneration is to lw' payable out of public moneys to any other member of the committee.

The now measure, with the euforwy molt clauses contained in tho Conciliation and Arbitration Act of 11)08 added, might very well tako the place of tlint Act in this event of any general I'cvoit against it talcin;j place. All workers and employers would then h& precisely oil tiio same footinji, and there rniebt possibly 1)0 more opportunity lor coil* Filiation to prevail in tiro settlement of disputes. If, howowr, the groat msi*jority of the f-mployers and workers prefer tho Arbitration Act the new Bill will bo found absolutely necessary in tho case of workers wlin decline to register under the Act. Tho employers will no (jonlit insist on all voluntary "aurcciiionts, such as aro provided for in the Hill, heiiiK filed with the Clerk of Awards, so that they may become enforceable in the sai.no manner as awards and ajireemeiHs are at present under the Arbitration Act. No rtasonablo worker can object to this, as it is as much in his interest as st- is in that of tbo employer.