RESUMING WORK

Dominion, Volume 8, Issue 2420, 27 March 1915, Page 5

RESUMING WORK

ARBITRATION COURT THE HEARING OF DISPUTES TO BE PROCEEDED WITH From the present date, the business of tho Arbitration Court is io proceed as usual. This is the result of a judgment delivered yesterday, on an application by the unions that the Court should resume the hearing of industrial disputes. Argument on the question was commenced in Auckland last month, and was concluded ill the Court at Wellington last week before His Honour Mr. Justice Stringer, and Messrs. E. F. Duthie (employers' representative) and J. A. M'Cullough (employees' representative). Mr. E. J. Carey appeared in support of the unions' application, while Mr. W. Pryor represented the employers. The judgment of the Court as read bv Mr. Justice Stringer was as follows :— "At a sitting of thid Court held in August last, we pointed out that as our country had become involved in a great European war, it was impossible to forecast what offset this might'liavo UDon the commerce and industries of tile Dominion. We, therefore, suggested that it would be unwise, if not improper, to attempt to make awards purporting to regulate industries under conditions, of which W6 had bad no previous experience, and we asked for an expression of opinion on the subject from representatives of both employers and workers. On the following day we were supplied with the text of resolutions passed at representative meetings nf employers and labour organisations. The employers were of opinion that the Court should susppnd operations during the crisis, as it was thought that tho Court would not be justified in making any awards in view of the fact that it was impossible to foresee the industrial conditions of the immediate future. The labour organisations agreed that disputes should be adjourned "till normal conditions were reached again." The Court accepted these representations as indicating a general agreement with the suggestions we had made as before mentioned, and the Court then adjourned expressing the belief that employers and workers would meet one another in a fair and reasonable spirit, nnd make satisfactory arrangements between themselves in any industry which might prove to be particularly affected by the war. "We understand from Mr. Carey, on behalf of the workers, and it was admitted by Jlr. Pryor (the employers' representative) that since the announcement made by tho Court, the employers had taken up the attitude that they would not consider any disputes, and would not take part in any proceedings before the Conciliation Councils, during the continuance of the war, und had justified this attitude as being the result of a supposed ruling of the Court. We can only say that the employers have proceeded under a misapprehension of the Court's opinion on the matter It was never intended by us thai the entiro machinery of the Industrial Conciliation and Arbitration Act, so far as it relates to industries, should remain inoperative for the whole period of the war, and nothing was said b.us which could bear-any such interpretation. The object we had in view was to refrain from making awards until a reasonable time had elapsed after the commencement of the war, in order that tho elfeot of the war upon our commorco and industries might be properly understood and appreciated, and was not intended to be other than a mere tempoiary expedient until conditions had reached something like a state of stable equilibrium. . "We have no if experienced nearly eight months of the war, and are In a' position to form an opinion as to how it has affected, and is likely to affect, our commerce and industries, and it is safe to say that there is a general consensus of opinion of those best qualified to know, that although certain industries are suffering from the effects of tho wav, the Dominion as a whole has been singularly free from any ill-effects resulting therefrom, and is enjoying a degree of prosperity, quite remarkable in the circumstances, largely due, no doubt, to the exceptionally high prices being obtained for all our primary products. That being tie case, we can no reason or justification for refusing, to resumo our functions. It was said b,\ Mr. Pryor that if tho Court decided to again hear and consider disputes many businesses would be ruined, that there would be a great increase in the number of unemployed, and that u would be disastrous to employers, workers, and the community generally. Wo' think there is probably a good deal oi rhetorical exaggeration .in this stato- . ment, but even it it were true, how can this Court, established by law for the express purpose of hearing and determining industrial disputes, presume to deny suitors access to it, wlien approached by the methods prescribed by law. To do so would bo to take uiMii ourselves the responsibility of abrogating tile law, and to assume the functions of the Legislature. "We quite realise that, as evidenced

by the reports from representatives ot various industries put in by Sir.. l'ryor, many of these industries are probably quite unable to bear any further burdens in the shapo of shorter hours 01 higher wages, but it must be assumed that these matters will receive due con-

sideration, both by Conciliation Councils and the Court, in the event of any dispute arising in connection with auch industries. As was said by Mr. Justice Edmunds in tho Now Souci Wales Arbitration Court, in dealing with a similar application to the present one, there are three classes of cases to be considered: (1) Those in which the war will cause a stoppage or a substantial reduction of the industry; (2) those which are not materially affected by the war: and those which are profiting by the war. "It is obvious that different considerations will <«pply to «aoh of theso cases, and it is to be hoped that the workers will be actuated by an intelligent self-interest, and will carefully refrain from attempting to impose ire6h burdens upon those industries which cannot reasonably be expected to bear thorn. If they do they must not expect to obtain a sympathetic hearing from this Court. It may also be stated that the Court would in no case make an award without reserving to itself the right at any limn, in the event of exceptional conditions arising, cancel, suspend, or amend such award.either on the {ipplication of either of the parties, or of its own motion. Our decision is that the business of the Court must now proceed as usual." Mr. Pryor inquired as to the positioh of the disputes, which were partly heard. He pointed out that- some of them had been commenced before the present representative of the employers took his seat on the bench. Mr. Justice Stringer expressed tho opinion that it would be possible for Mr. Dutliie to familiarise himself with the evidence already taken if that could be agreod upon. If there wore any disputes in Wellington, in which tho parties were ready, the Court could deal with them next week. But if thero were difficulty about that, the Court proposed sitting in Christchurch the week after Easter and then returning to Wellington. After some discussion, it was arranged that if tho business was not ready next week, the Court should resume in Wellington on April '26, with the hearing of the Merchant Service Uuild dispute, the tally clerks' dispute, the shipwrights' dispute, and any other business. Where a settlement is possible, disputes will be referred back to the Conciliation Councils with i) rqeommenrlfttion that the bearin e« be yrocßtxied with a& soqu as pos* .ailta.