THE ARBITRATION BILL.

Gisborne Times, Volume XXVI, Issue 2295, 14 September 1908, Page 1

THE ARBITRATION BILL.

REPORTED FROM LADOR BILLS COMMITTEE.

DRASTIC AMENDMENTS

(Special to “Times.”)

WELLINGTON, fiopfc. 12. • The Industrial Conciliation and Arbitration Bill was reported from the Labor Bills Committee yesterday. PART I, STRIKES AND LOCKOUTS. To clause 4 a now clause has, been addod, providing that when a strike or lockout takes place and a. majority ■of the members of any. industrial union or association are at any time parties to tlio striko or lockout the said union or association shall be [loomed to have instigated tlio strike or lockout. In clause 5 there arc several amendments. The continuing penalty of £1 per week during the coiitinuonco of a strike is struck out, mid in the substitution thereof there is mi-amendment providing a fine not exceeding £lO. .Ju regard to lock >uls tlio £SO a week penalty gives place to a fino not exceeding L2UO. in clause 6 relating to olfences an connection. with strikes or lock-outs by persons not parties thereto, tlio lines for aiding and abetting a striko or lockout remain the same, via , -LiJ and £2OO. Subsection 3 now roads follows“ Every person who, while such striko or lockout is taking ph'-e or impending, publishes in any newspaper any expression of approval or otherwise, whether by himself ci by any other person, of tlio unlawful action of any person in rcl.r on to that striko or lockout is liao a .o a fine not exceeding £SO. It is a-so provided that for the purposes c! this section a strike or lockout mil'll he deemed to ho a continuing oil.me; it is also further provubd that - strike or lockout shall bo deemed to liavo ceased when declared 1 oil by resolution of tlio union of workers or employers affected or when the industry alfccted is again in lull work. In clause 8, which deals wall M'eoml penalties with respect t> . tlnkug without duo notice by workers employed in certain specified mdusinos, the liotico of striking is rekved horn 21 to 14 days, an the line is increased from £lO to £25, hut the imprisonment provision is struck out in tlio certain specified industries to which the section applies, “llio manufacture or supply of bread is struck out, and “ferry” has boon added before “tramway.” The provision regarding industries in which a strike would result in danger to tlio public health or safety has boon struck out. In subsection '3 the imprisonment provision is struck out, and the punishment for aiding and abetting is, in the caso of a worker, £lO, or in the case of an industrial union, association, trade union, employer or any other person other than a worker, £2OO. In clause 10, regarding the suspension of registration of unions convicted of certain offences, a new provision lias been added to subsection 3 providing that in making the order of suspension the Court may limit the -operation of this subsection to any industrial district or districts or to any portion thereof. PART 2, ENFORCEMENT OF AWARDS OR AGREEMENTS.

To section 20, regarding the enforcement of judgement, a, now proviso has been added providing that in any application by any inspector of awards for any order uudor section 27 of tlio Wages Protection Act, 1008, lor the attachment of wages of any defondants such order may bo made m respect of the surplus of liis wages above the sum of £2 per week in the ease of a married man, and of £1 in any other case. Section 21 providing that on liotico from the Inspector of Awards the amount of judgement is to be deducted by employer from moneys due to defendant has been struck out.

PART 3, CONCILIATION

Under this beading a new clause has been inserted as follows:—26 A (1) The Governor may, from time to time, appoint two persons as Conciliation Commissioners (bereinafter referred to as Commissioners) to exercieo tho powers and jurisdiction hero-.in-after set forth; (2) one of the commissioners shall bo appointed to exorcise his functions throughout the North Island of Now Zealand; (3) each commissioner shall be appointed for a period of three years, but may ho reappointed from time to time, and may at any time be removed from office by the Governor; (4) each commissioner shall receive such salary or other remuneration as is from time to time appropriated by Parliament for the purpose; (5) if on, or before, the expiry of the term of office of any commissioner, he is reappointed to that office, all proceedings pending before him, or before any Council of Conciliation of which he is a member, may bo continued and completed as if lie had held office continuously; (SA) if from any cause the commissioner i 6 unable to act, the. Governor may appoint some other person to act in his stead during the continuence of such inability, and while so acting the persoii so appointed shall have all the powers and jurisdiction of the commissioner in whose stead lie is acting: (G) .if any commissioner dies or resigns his office, or is removed from office, or if his term of office expires without re-appointment all proceedings then pending before him, or before any Council of Conciliation of which he is a member, may continue before his successor or before the said Council, as the case may be, and for this purpose liis successor shall he deemed to be a member of that Council and all the powers and jurisdiction vested in the first-mention-ed commissioner as a member of that Council shall vest in his successor accordingly. The first part of section 27 lias been amended to read as follows: —(1) Any industrial union or any industrial association which, or any employer who is a party to an industrial dispute, may make application in writing in the prescribed form to the commissioner exercising jurisdiction within that part of New Zealand in which the dispute has arisen, that the dispute may be heard by a Council of Conciliation, the word “commissioner” is substituted for magistrate in this and the subsequent sections. An amendment lias been made in subsection 3 of section 32, providing that no barrister or solicitor shall bo allowed to appear or be heard before the Council. The words “unless all the parties expressly consent thereto, or unless lie is a' bcjlia fide employer or worker in the industry to which the dispute relates” have been struck out. A new sub-clause has been added to section 35, providing that an agreement shall be deemed to bo duly executed if it is signed by the employers employing a majority of the workers to be bound by the agreement and by the executive officers of the union of workers. Section 39, providing that parties may bind themselves by memorandum of

consent to accept a recommendation of the Council, has been struck out. Sections 41 and 42 are struck out and a now clause (42A), inserted as follows: At any time before the hearing of tlio dispute by tlio Court a settlement of. tlio dispute may lie arrived at in tlio manner prescribed by section 35 of the Bill. , A now clause (44A) provides that the definition of worker in section 2 of tlio Industrial Conciliation and Arbitration Act of 1908, is repealed and the following substituted : Worker means any person, of any ago, of either sex, employed by any employer to do any work for hire or reward.

PART 4, MISCELLANEOUS

Under this heading there are amendments enabling 3 employers and 15 workers to register as unions. To clause 53 a now sub-clause relating to permits has been addod. No permit shall be granted to any person who is not usually employed an the industry to which tlio award applies. Two new clauses (SGA, and SGB) have been added. Tlio first vrovides that the Court, in making its award, may direct that any provision of the award relating to the rate of wages to be paid shall take effect as from the date of tlio recommendation of the commissioner. Tlio second states that an award, or industrial agreement, shall not affect the employment of any worker who is employed otherwise than for tlio direct or indirect pecuniary gain of the employer. Section 57 regarding the needs and the exertion wage has been struck out. Section 60, which provides that assessors be added to the Court- of Arbitration, has been struck out: The following new section has been added to the Bill: GO A (1) The provisions of an award shall continue in force until' the expiration of the period for which it was made, notwithstanding that before such expiration any provision is made by any Act that is inconsistent with the awaud unless in that Act the contrary is expressly provided; (2) on the expiration of the said period the award modified in accordance with the law then in force shall continue in force until a new award is made, and every such now award shall bo in accordance witli that law.

PROCEEDINGS IN COMMITTEE. Tlie proceedings in committee seem to have been of a very harmonious nature. Divisions were few and far between. Indeed, there appears to have been only one division of importance. When clause 57 regarding tlio needs and exertion wage, was reached, the Hon. J. A. Millar moved that it stand part of the Bill. His only supporters were the two Opposition members, Messrs Bollard and Hardy. The noes were live, namely Messrs Arnold, Barber, Ell, Poole, and Tanner.

A HASTY' PREPARATION

In one respect the Bill, as presented to Parliament yesterday, does not reflect credit on the committee as it carries on the face of it evidence of haste in preparation. Some amendments arc made in red ink, and others by means of typewritten slips pasted on the Bill. The Bill, of course, should have been properly printed. Another point worthy of note is that no copies were available for the press.

THE LOCAL RECOMMENDATIONS

REPLY FROM HON. J. CARROLL.

The proposed amendments to the Arbitration Bill as originally introduced into Parliament were discussed at a special meeting of flic East Coast Trades and Labor Council held recently, and a number of recommendations were made to Hon. J. Carroll and the Labor Bills Committee. At a meeting of the Council on Saturday evening, a telegram was received from Hon. J. Carroll, stating that clause 10 would be considered by the Committee, clause 45 would be modified, and clause 57 would be fully considered. The President of the Council gavo a brief outline of tlio amendments as made by tlio Labor Bills Committee, and tlio matter then dropped.