THE ARBITRATION ACT.

Gisborne Times, Volume XXV, Issue 2173, 31 August 1907, Page 4

THE ARBITRATION ACT.

SOME IMPORTANT AMENDMENTS. WORKERS’ FINES TO BE DEDUCTED FROM WAGES. (Special to Times.) WELLINGTON, August 29. Tho Industrial Conciliation and Arbitration Act Amendment Bill was circulated to-clay, and proved to bo a. moasuro of much interest, including a number of new and drastic provisions. It provides that the Act’ shall come into force at the beginning of next yoar. INDUSTRIAL COUNCILS. Tho initiatory clauses of tlio Bill provide that in future no industrial dispute is to be referred to tlio Conciliation Board, but a dispute may be referred for settlement to an Industrial Council to be appointed by the Government on the recommendation of the union concerned, consisting of three who aro or liavo been employers and three who are or* have been workors in tho industry concerned. The President is to be elected by the other six members and if they fail to do so the President will bo appointed by tho Governor.

AWARDS OF THE COUNCIL. The award of the Council will have effect within the industrial districts as the Council determines. The award of tho Council must be made witlii.li one month after it is established, and immediately on making ills award an Industrial Council is pro facto dissolved. The fees paid to members of tho Council are to be paid out of the moneys appropriated by Parliament. Before entering on tiio exercise of their office the members of the Council must make oath or affirmation before the Clerk that they will faithfully and impartially perform the duties of then- office A baro majority of the Council is sufficient to bring about an award and the President is given a casting vote. The parties to any proceedings before a Council must be industrial unions, industrial associations or employers. An award of tho Council will have the same effect as an award of tho Arbitration Court, and the Council is put on the same footing a 6 tho Court-, so far as jurisdiction and procoduro aro concerned. The Council is also given power to state a case for the advice and opinion of tho Court on matters of law. APPEAL TO ARBITRATION COURT.

Clauses 18, 19, and 20 deal with the question of appeals and tho procedure in connection therewith. Within one month after the making of an award by the Council any union, industrial association or employer hound by the award may apply to the Council for leave to appeal to the Court, and the Council may grant or refuso such application as it thinks fit. The appeal may he either on law or facts, and if on tho facts the appeal will bo by way of rehearing. On any such appeal the Gourt may confirm or modify tho award or quash it and make a new la. ward anil make an order as to the costs. The decision of the Court is to 'be final, but pending nil appeal tlio award of the Council will oporato. Application by a union or an asociation for the establishment of li isdustrinl council ’ or for all appeal from tlio award of the Court must be approved by members before being made an industrial agreement. When it is proved to tho Arbitration Court that an industrial agreement, whether made before or after tho Act, is binding on employers who employ a majority of the workers in that particular industry in the district, the Court may on t'lie application of any person bound by tho award extend the operation of the agreement to all employers who are then or in tho future are engaged in the industry in the district. Industrial agreements past and future are made enforceable in the same manner as awards. BREACHES AND FINES.

Breaches of award aro to be dealt with by a Magistrate who is given power to impose such fine as lie thinks just. He is also given power to state a case for the opinion of tho Arbitration Court, and to adjourn the hearing of the caso in tho mean: time. He can fine an employer up to £IOO and a worker up to £lO, and he is given discretion as to whether he will make tho fine payable to the Crown or to the person oil wlioso application the fine was imposed or i i yone else. Power is given to appeal to tlio Court, whose decision will ho final. If the fine imposed on an industrial union or association is not paid within a month all members are jointly or severally liable for the amount up to a limit of £lO each. If the employee does npt pay, his employer must deduct the amount from his wages by instalments equal to tweuty-iivo per cent, of liis wages, until the total is paid, on receipt of a notice requiring him to do so by the inspector of awards. This provision applies to past as well as future breaches of award and also to cases in which people have been fined under the Act for taking part in a strike or lock-out. If a man is fined for engaging in a strike the amount will ho deducted from his wages by his employer in instalments. No industrial iqiiou or association may make application for the enforcement of an award or agreement unless tho proposed application has boon approved of by tlio members.

THE NEW “WORKER.” Ihc definition of “worker” is greatly 'widened, and now reads: ‘Worker means any person of any ago of either sex employed by an employer.”

MISCELLANEOUS PROVISIONS. Special meetings of a union to consider a proposal to refer a dispute to the Council or Court must be advertised, and the proposal is to bo deemed to be carried if (but not unless) it is passed by a majority of such of tho members present at the meeting either in person or by proxy as are entitled under the rules to vote.

When any payment of wages has been made to and accepted by a. unrker at a less rate than that fixed by an award or otherwise by law, the worker cannot bring an action against tbe employer tor the difference after three months from the time tbe wages became payable. A new provision of a defid :diy novel character is that on Die ?pj.Jj. cation of a union of employers or workers the Court may order tlat the secretary of the union may serve on sill employers or workers concerned in the industry and who are not members of the union a demand that they shall pay to the union the same contributions as arc paid by ilo members of the union. If the nonunionist chooses he may on receipt of tbe demand become a member of the union. This payment to the union by non-unionists will not apj.’y to an overseer or foreman having direction over at least 5 workers or an indentured apprentice or a person under the ago of 17 years. Tbe age of apprentices is limited to 21 years.

Appliisil ions for a permit to \ ir*k at less than the rate’s fixed by an award is to be made to all inspector of factories. An industrial union affiliated witn ally society oi which the central management or control takes places outside Now Zealand must return m New Zealand and under its pwii control at least three-fourths oi its assets. . . In future no trade union can be registered under the Trades Union Act. 1878. No person is qualified to be a member'of the committee of management of a union or an officer of a union unless lie lias been actually, and bona fide engaged or employed in tlio industry in respect of winch tlio union is established. For a breach of this provision a maximum hno of £2U is provided.