The Daily News THURSDAY, SEPTEMBER 5. THE ARBITRATION BILL.
It is an astonishing circumstance that | the Conciliation and Arbitration Bill brought down by the Minister for Labor should be meeting with the opposition 'it |is at the hands of both the employees |and employers. The Employers' Federation, which was in session in YVellingIton last week, seemed to see no good 'at all in the proposals, which, from the sweeping nature of the resolutions pass-[t-d ami the representations made to the I Minister responsible for the Bill, the delegates gave but scant consideration, an assumption strengthened by the fact that the llill's provisions were published but a few hours before the conclusion !of the conference's deliberations. This
uncompromising antagonism on the part ,of the employers' chief executive body lis as inexplicable as is that of the employees, whose unions in different parts 'of the country have in some cases been quite violent in their denunciation of I tne proposals. Take, for instance, the 'manifesto of the Wellington Trades and Labor Council. "After a most exhaustive scrutiny of every detail of the Bill jwe have,sHhe Council state, ''no hesitation in saying that this is the most cunningly devised, insidious and langerous measure, from the standpoint of I the workers, and the public well-being, I which has ever been submitted to our House of Kcprc.-,cutatives and to U.e I people of New Zealand." The same co'tci'ie, whom wc hope do not truly represent the feelings and minds of the j workmen belonging to tile unions of the I country on the metier, wind up their ! tirade by atatiug that if the Bill become 'law they musi ret use their sanction to j arbitration legislation and to use all means of passive resistance to make the legislation null and void!
To our mind the proposals arc a big improvement on Ue present system of arbitration, which, recent experience has shown, requires a good deai of patching and improving before eoulidence in its eilicaey as a means of maintaining satisfactory relations between capitiTl and laUr can be feit. Ihcae delects the lion. Millar has, we should say, done his best to remedy. improvements, of course, can be made in the methods he suggests, though we would be sorry to see some of tne proposals suggested by the labor unions and the Lniployers' Federation und u place in the Bill. It is quite hopeless to expect to frame an Arbitration Act, or any other Act for that matter, that will satisfy extremists, who, like spoilt and greedy children, want everything their own way, regardless of the rights of others, and who will not approach the matter with calm deliberation and in a judicial, give-and-take spirit. For that reason the sweeping animadversions of the labor unions 'should carry very little weight with our legislators when they come to deal with the Bill.'
The "conciliation" part of our present system is, as we have had previous occasion to remark, little short of farcical. The conciliation boards hive been conciliation boards in name only. The "conciliators," in cases that could be mentioned, have been professional agi-l tators, whose chief business seems to have been to foment strife amongst workmen and make the line of cleavage between employer and employee us wide as possible. It is little wonder that of late employees have refused to t:ike part in cases taken before Conciliation) -Itowls. The J Jill proposes lu abolish boards and to create instead Industrial Councils with right of appeal to the Arbitration Court. These Industrial Councils correspond in character to the Victorian Wages Boards which have proved so successful in lue settlement of industrial disputes in that State. Tile Councils will consist "ot seven members, three engaged in the industry and to be appointed by Ihc Governor on the recommendation of ';hc Union, three who have been or are emi ployers in the same industry, reconi mended by the Employers' Association and a President elected by the mem tiers. The Council has power to mak( an award in the disputes, and is tlra: ipso facto dissolved. A Council com posed of men having full knowledge o the matter in dispute is more likely b arrive at an equitable settlement thai a conciliation board composed o men who hive absolutely no knowlcdg of the subject. Also the dissolving o the Council so soon as an award is mad is a step in the right direction am much preferable to the permanent tii bunal. A bare majority of the Counci can carry an award, which will hav all the effect of an award made by ih present Arbitration Court. If ex«ej tion is taken to the award, either ml may appeal to the Arbitration Cour against the Council's award, either 01 law or facts, and the Court may mak, new awards, which are to be binding The Arbitration Court, as constitute) at present, is thus an Appellate Courl possessing powers somewhat similar t' the ordinary law Appeal Court.
in respect to enforcement of any infraction of awards, a new and important dep.irlurc is made. Any party to an award may make application to Die local magistrate tor enforcement, and. tke magistrate may impose a hue aot exceeding JJIOU in tin; case of an industrial union, industrial association, or employur, and iUU in the case of a worker. Appeal to the Arbitration Court is allowed, the hitter's decision being linal. TJiis is a reasonable and proper safeguard, and should do aw..y with the circumlocution and trouble connected with the present system. Payment ul any line i a t 0 be enforceable as the judgment of the ordinary civil courts. Individual members oi a union or association are liable for fines up to .LIU each, limployers on receipt of an order from the inspector ot Awards shall deduct 25 per cent, of the wages of their employees who have been lined until the amount owing tc the Court is cleared. These provisions regarding enforcements or fines applj in the case of strikes or lock-outs Tin Trades and Labor Council of Welling ton characterise tins provision as ai abrogation of the principles of th. '*?*s A" ; ' l!:1 the e t!neml Principle, of tno i:ib ui - Jaws; as a means, they pui it, of treating workers.as serfs, over whom the employers would hold i power of possession. But unless somi such means of payment of fines won provided, what, we ask, would he tli j value of the whole system of arbitra tion to employers!! An employer ho'd [ properly, and therefore would oithe have to pay any line imposed or bavins property distrained upon. An em ployee, on the other hand, may posseno means, liecovery of a fine by orili nary measures would therefore be iui possible. If he knew that the mono' could be deducted from his wages h would be just as chary as the enmlorc similarly placed about disobeying ai order of the Court, and would be mor likely to respect the decisions of th Industrial Council or Arbitration Court mi a »' l ' ry 7 sl '" tial p,oviso viihn " which the whole arbitration fubri would not be ,vorth a snap of th lingers. i
mlk. ave benelited by an award shall ;,,,,.,,(, to , he fmi(l3 of tllo lln .;» tang„,,, the c lx , f|)l . o 1Im( , 110 s,nno l,as,s as ordinary unionist, tins money boin S recoverable in the' same manner as tho contributions of mnmlinra. The unionists asked for eo,nfMiisory preference to union members ' The Hon. Millar has met tho demand I rather in.c-eniously. \y 0 . R i inill ,i V]y \ tliat the )>ro|>fw«l is infinitely f„, r(T ! than the preferenee to unionists clause I in the awards that have been made!l From the unionists' view point it should'! in- satisfactory, seeinjr that iril ,■.),„| prlicipate in an inereased rate of . M y-| nient will under this provision hive' to contribute to the union funds, vjnd ■
| it' it is right that this provision should ]bo Hindu to apply to the labor side of ■ the dispute, it should also be made to | apply to the employers' side. In other. (Words, employers outside an nssocia-' tion should be compelled to contribute to the funds of the association existing for the protection and promotion of their interests. In every plate will be found |men who don't mind others shouldering all the work and defraying all the expense and who are ever ready to take advantage of any improvement Directed, but will lift no hand themselves to assist or bear any of tho ex-' pense incurred. These men should be brought into lino with the others, just, as is proposed by the Minister of Labor in respect of non-unionists. |
Another proposal that should moot with general approval is that of making it illegal for any person to he a member of the committee of management of'my industrial union or an officer of any union unless ho has iboen or is actually and bona tide engaged or employed in •the industry in respect of which the union is established. Any person who acts as an officer or a member of a
committee of management while disqualified under this section is liable to a fine not exceeding ten pounds, to be Imposed and recovered in the same manner as if the person had committed a breach of an award. This will have the elToet of obliterating the professional agitator, and is in the true interests of employees themselves. Inspectors of factories arc to issue all permits to under-rate workers. Under present i.r.nditions the issuing of such permits is the prerogative of the unions, who of course won't like to have the'power withdrawn from tliem, but it is patent that the proper party to have the issuing of permits is the one who is disinterested, and an inspector is much mire likely to be disinterested than a union. The Minister has made an earnest and honest attempt to remedy the flaws in our present industrial laws, and we hope he will be successful in inducing Parliament to place the measure on + he Statute Book . Improvements of course can, and no doubt will, be made in the Bill, but if the Jniain principles invoiced are retained, the colony's industrial luvs will .be put on a footing that will make for industrial peace and harmony. At the New Plymouth Employers' me >ting to-night the proposals are to come forward for consideration. We hope tho meeting will recognise the, advance the proposals mark in the evolution of • ur industrial laws and pass a resolution favoring their adoption by Parliament.
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Taranaki Daily News, Volume L, Issue 60, 5 September 1907, Page 2
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1,755The Daily News THURSDAY, SEPTEMBER 5. THE ARBITRATION BILL. Taranaki Daily News, Volume L, Issue 60, 5 September 1907, Page 2
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