TO PREVENT STRIKES.

Wairarapa Age, Volume XXXI, Issue 9188, 10 September 1908, Page 7

TO PREVENT STRIKES.

A NEW PKOVISIUN BY THE COURT. In the award of the Arbitration Court in the Southland timber-yard ■and mill workers' dispute, just filed sat Dunedin, there appears a provisior. of great importance, having as its • object the prevention of strikes. The clauses covering the point are as follow, — (a) The union shall do all in their power to prevent any strike by any of the workers affected by the award, .and if any strike shall occur, in which any members of the union shall vtake part, such strike shall be prima facie evidence that the union has .committed a breach of its duty thereunder, (b) If any strike by any of ■the workers affected by this award ■shall occur, then the operation of all .the provisions contained in the foreigoing clauses of this award shall' be .suspended, and in lieu thereof the following provisions shall come into force, and shall remain in force until ithe further order of the court, that is to say, the hour 3 of work, wages, and other conditions of work of all work%ea coming within the scope of this award shall be fixed by agreement between each employer and the individual workers employed by him. (c). The court reserves leave to any ..party bound by this award to apply to , His court for an order under this clause declaring that a strike has taken place, or bring into force ?sain, after a strike has taken place, the provisions contained in the fore : going clauses of this award. Then follows this very importai t . .memorandum of the Court:—"Th s award contains a new provition with regard to strikes which tie court had decided to bring into general operation in future. It is >pary to explain the operation of tl s ,provision. * If a strike by any of the workers affected by the awar ; takes place the provisions of the award as to the hours, wages and other conditions will cease at once to operate, and thenceforth during the currency of the award the respective rights of employers and workers as to these .matters will have to be settled by agreement between the respective iparties-themselves. In other words, the workers by striking will deprive themselves of the benefits (if any) of the award, and, incidentally, of the .benefits of the Arbitration Act. They will, however, during the currency C'Of the award remain subject to the penal provisions of the Act with ,- regard to strikes. These provisions will make it impossible for an ;award to be treated as a steppingstone merely in the way of enforcing the demand's of the workers. If, . • after getting an award, they strike, \ and the strike fails, they will not be * ■ able to fall back on the award, but " will have to be content with whatever tarms they can obtain by individual bargaining with the employers. Tne court has reserved p iwer to itself to bring into operation again the provisions of the award after a strike has taken place. This will enable the court to obviate the hardship that might 'Otherwise result when a small section of the workers affected by the award ■engage in a strike without the sanction or connivance of the union. Mr M'Cullough does not approve of the provision by which the operation of an award is suspended automatically when a strike takes place. He thinks that the operation of the ia'.mrd should only be suspended \. after the Lourt has investigated the and has satisfied itself that •a strike has taken place " The Hon. John Barr considers that the judgment and the policy decided upon by the court is a good thing. •"It is only what you could expect," he said to a "Post " reporter. "It is the direct outcome of an endeavour '■■ •to run strikes and arbitration together. When a union secures an ■award in a dispute it practically says : •We don't want strikes.' To strike ; ■after an award has been made is a j breach of faith and a dishonest act." i Mr Barr holds that there is no necessity for the claim put forward by Mr .M'Cullough, the labour repieser.tative ; on the court, that "the operation of j the award should only be suspended j :after the court has investigated the , matter and satisfied itself that a j ;strikehas taken place." A strike is i ! perfectly clear proceeding. Instance , the Blackball strike, the slaughtermen's strike, the Wellington bakers' .-strike, and others. Further, Mr. Barr points out that if only a section of workers in an industry strikes, the court has reserved to itself in its , .judgment the right to review the facts. The unions could safeguard ■ themselves by putting a penalty l •clause in their own rules penalising j ?ny man or section of men guilty ■of striking without the consent of 'the union. How far the court was empowered to adopt the policy ic had was another question. Mr Laurenson said that to him it •-fc-.-appe.ared 10 be an extraordinary *■ position that a strike in an industry tibould destroy the award connected "Hth that industry in the whole of the provincial district where the strike took place. In other words, in an obscure village in some part of the province a number of bricklayers might strike. That would mean that the award fixing the hours of labour and rates of pay for bricklayers in every village and town in that province would be at once suspended. "I do not," said iMr Laurenson, "wish to criticise a decision of a judge of the court. I recognise the absolute necessity of putting our judges in a position ' that will ensure their decisions being given without fear or favour, but, speaking as a layman, I cannot help expressing my surprise at a decision of this nature."