ARBITRATION

Evening Post, Volume CXII, Issue 85, 7 October 1931, Page 10

ARBITRATION

OPTIONAL REFERENCE

THE 1928 CONFERENCE

VIEWS OF PARTIES

In his Supplementary Budget Statement last night the Hon. W. Downie Stewart stated that "for the purpose of making it possible for employers and employees to arrive at agreements that will enable costs to bo reduced, and at the same time allow for maximum employment and the fullest development of our industries, it is proposed to amend the Industrial Conciliation and Arbitration Act mainly on the lines suggested by the 1028 Industrial Conference, the chief feature of which is known us compulsurv conciliation and voluntary arbitration." Amendments to the industrial Conciliation and Arbitration Act were considered by a special joint committee set up from the National Industrial Conference of 1928, but that committee found it impossible to agree on the amendments then proposed. lleports presented to the conference by the employers' and workers' representatives indicated that the vital point of difference between the two parties was the question of optional or compulsory reference of disputes to the Court of Arbitration or other tribunal for final settlement. The employers' section of the conference contended for the optional system, and the employees' section wished to maintain the present system of compulsory reference to the Court, or other tribunal.

EMPLOYERS' PROPOSALS,

The employers' proposals included the giving to persona whose business interests were substantially dependent 011 the industry the right to appear as if they were a principal party to the proceedings. They proposed that where there was no agreement in Conciliation Council, the dispute should be referred to the Court only if three of the four assessors on each side in a district dispute, or live of the seven assessors in a Dominion dispute, consented: provided, however, that if a Conciliation Council found difficulty in arriving at an agreement, the assessors on either side might require a direction from the Arbitration Court for the assistance of the council as to the minimum wages that should be paid to the lowest-paid group and the maximum ordinary hours of work without payment of overtime that should be worked. It was further proposed that where 60 per cent, of the workers were females, reference to the Court should be compulsory. It was proposed to give the Judge of the Arbitration Court power to call a conference, representative of the parties and others, where he was of the opinion that a strike or lock-out was likely to occur, or during the progress of one. During tho conference any award or agreement in existence should continue in force. The setting up in any industry ot an Industrial Committee of employers and workers to deal with matters arising out of the award, other than hours and wages, was also proposed. It was proposed that upon a mutual agreement, work could be paid for under a system of piecework or contract in lieu of undertime payments. Au amendment to the Act was suggested to permit registration of a nutioual union.

WORKERS' PROPOSALS,

Tho workers' representatives proposed that where there was uo agreement in Conciliation Council, all mutters might,'by unanimous consent, be submitted to the Court of Arbitration for settlement. They made a, proviso that, where the assessors failed to agree to refer matters to the Court, and

there was no agreement as to. wages and hours, the Court should bo required to fix the basic wage and maximum hours. Where no agreement was reached in Conciliation Council, or where the parties failed to agree to refer matters to the Court, there should be set up an Industrial Committee empowered by the Act to settle all matters. In order that tho work of the industry might proceed as if no dispute had arisen, the Act should contain the foregoing provision for the settlement of disputes not referred to the Court or agreed to in Conciliation Council. They proposed that wages and conditions in operation should remain in force until superseded by another agreement or award. . In a statement, the workers said mac the question of compulsory or optional arbitration was the fundamental bar to agreement. "We are of opinion, they stated, "that if an agreement could have beeu arrived at on the question of optional or compulsory reiereuce of disputes to the Court of Arbitration ... agreement on other points would have presented no great difficulty. The representatives of the workors, while agreeing that the best method of adjusting industrial disputes is by tho parties concerned, without reference to the Court of Arbitration or to the Council of Conciliation, hold that a survey of industrial history reveals the fact "that the parties do not settle all disputes which arise in industry; we arc, therefore, of the opinion, that in the interests of the nation as well as tho parties to the dispute, our industrial law should contain a necessary provision for iinality in the settlement of auy disputes which may arise. Unless the legislation contains a provision of this kind, there is always the possibility of a strike or lock-out involving the workers in the loss of wages, and the industry in the loss of income. Worse still, there is the possibility of the' most unimportant dispute involving industries which are essential to the every-day life of the people in a stoppage."

NO JOINT RECOMMENDATION.

The report which the employers' representatives to the National Industrial Conference submitted t- the Prime Minister, at the conclusion of the conference, stated that it was a matter of very great regret to all delegates representing the employers that at the end of long and moat earnest deliberations, in which they had given the utmost consideration to the views expressed by the workers' representatives, it had been found impossible to present a joint recommendation. . . . The recommendations of tho conference were placed in the hands of the Prime Minister (the Eight Hon. J. G. Coatcs) by the chairman of tho conference (Mr. A. D. Thomson). Mr. Thomson said that there were representations from tho employers and workers for amendments to the I.C. and A. Act. A real attempt was mad© to obtain a unanimous recommendation, but, on a crucial point, agreement was found imposisble. A perusal of the recommendations showed that there were many points on which the parties agreed.