THE NEW ARBITRATION BILL.

Manawatu Herald, Volume XXX, Issue 408, 9 July 1908, Page 3

THE NEW ARBITRATION BILL.

W ISLINGTON, July H,

The Industrial, Conciliation and Arbitration Act Amendment Bill, which was introduced late last night, proposes several important changes in the existing law.

It is provided that when a strike takes place in any industry, whether an award or industrial agreement in respect of that industry is in force or not, every striker who is a parly to the strike shall lie liable to a penalty of £lO, together with a further penalty of£i for every week during which he remains a party to the strike. The penalty on employers for a lock-out is ,£2OO, together with a further penalty of £SO for every week during which he remains a party to the strike. Every person inciting, aiding or abetting a lock-out shall be liable to a penalty in the case of the workers of £lO, and in the case of an industrial union of employers or persons other than workers of £2OO. It is also made unlawful for any person to make a gift in aid of persons who are parties to strikes or lock-outs, or to publish any expression of approval of such lockouts or strikes in any newspaper.

A penalty of £lO or a term of three months’ imprisonment is provided in the case of any striker (who without giving his employer not less than 21 days’ notice in v.iitiug of his intention) strikes when employed in industries connected with the mauufactuie of gas, electric light, bread, supply of milk, sale or delivery of coal, working of tramways or railways or other industries affecting “the public health or safety.” The penalty for inciting an offence against this section is three months’ imprisonment or a fine of £lO in the case of a worker or £2OO in the case of a person other than a worker- Any Union convicted of an infringement of this section shall be liable to have its registration suspended for any period not exceeding three years.

In regard to the enforcement of awards or industrial agreements a penalty of £IOO is provided in the case of any Union or employer who commits a breach, whilst any worker committing a similar breach is liable to a penalty of £5. These penalties shall be recoverable by action in a Magistrate’s Court, but the Magistrate may, if he thinks fit, state a case for the Court of Arbitration. In the case of default on the part of any Union or Association, the amounts may be recovered from the members, but no person shall be liable for more than £5. Under the head of conciliation, it is provided that no further disputes shall be referred to Conciliation Boards. All disputes shall be referred to Councils of Conciliation consisting of a Magistaate and two assessors, the latter to be persons engaged in the industry in respect to which the dispute occurs. These Councils, in hearing disputes, may take any evidence that it thinks fit, whether such evidence would be legally admissible in a court of law or not. Parties may appear before the Council in person or be represented by counsel if by mutual consent. It no settlement is arrived at by the parties during the hearing, the Council may make a recommendation. In addition to making this recommendation, it shall endeavour to induce the parties to come to some temporary and provisional arrangement until the dispute can be referred to the Court of Arbitration. If no such arrangement is arrived at the Council shall set it forth in its recommendation and indicate whether the failure to accept it is due to the unreasonableness or unfairness of any of the parties. The recommendation of the Council shall not have any binding force or effect, but shall operate merely as a suggestion for the amicable settlement of the dispute by mutual agreement. If the Council fails to make a recommendation within one mouth the parties may refer the dispute to the Court.

When a worker accepts less than the award rate, no action shall be brought by the worker to recover the difference between the wages paid and the amount legally payable. The Court shall have power to provide for a “ needs ” wage and also an “exertion” wage. The “needs” wage shall be what the Court deems a fair and reasonable remuneration for work which com- ■ acres in amount and quality to a standard fixed by the award. An “exertion” wage shall be such wage as the Court deems a fair and reasonable remuneration (in addition to the “needs’’wage) for any work which in amount or quality exceeds the standard so fixed. This provision is subject to the consent of all parties. The Court of Arbitration shall consist of two assessors, in addition to the Court as at present constituted. These assessors shall be persons who are or have been bona fide engaged in the industry in which the dispute has arisen. The Bill consists of 60 clauses. The Bill was referred to the Labour Bills Committee, which will meet to consider it on July i - .