W. T. YOUNG.]

9

I.—9a.

to be selected by the representatives mentioned. On behalf of those we represent, we enter a most emphatic protest to this suggested alteration, and strongly urge on the members of the Committee the desirability of striking the proposal out of the Bill. If this were carried we venture to predict it would place some ninety-five per cent, of the unions in New Zealand in a very awkward position, and, as a matter of fact, they would not be able to get men employed in the trade, or men who had been employed in the trade, to occupy seats on these Councils as workers' representatives, owing to the amount of fear of intimidation and boycott on the part of the employer after such cases had been determined by the Council. We would point out that in some sixtyfive per cent, of the uilions the officers and members are solely dependent upon the employer -for the means of subsistence, and it is only in a very few cases where the union has a paid officer (the secretary), who is independent of the employer for his bread and butter. I have already said that it would be impossible for the unions to get three men to represent it on the Council, and that being so, how is the union to get three men to conduct its case before the Council ? It is certainly true that the Bill makes provision, under special circumstances, and with the approval of the Minister, for persons who have not been or are not employed in the trade of which the union is representative, to represent the union on the Council; but whilst that is so we would point out that it would be almost impossible for the union to get a man, or set of men, who are dependent upon the employer for the living of themselves, their wives, and their families, to sit as union representatives on these Councils for the reasons that we have previously advanced. Whilst that is so in regard to the worker, it would be a very easy matter for the employer to secure his representatives, seeing that they are not dependent upon the other side for their means of subsistence, and consequently would have no fear of intimidation or boycott. 'Having these things in view we are satisfied that the Councils would not by any means give the worker a fair and impartial deal. What little success there may be in the present system of conciliation and arbitration is largely based on the fact of the representatives of the workers on the Boards and the Court being placed in an independent position of the employer, and it is only logic to say that if that principle holds good on the higher Court of Arbitration it equally holds good on any lower tribunal that may be established. In order to give an idea of how the workers view this proposal in the Bill we would point out that for a considerable number of years power has been given to the union under the Act to apply for the setting-up of a special Board of Conciliators to hear a dispute (such Board consisting of representatives appointed by each side), and whilst that is so there is only one single instance on record where the workers have availed themselves of that provision, and that occurred only quite recently at Auckland with the Slaughtermen's Union. In addition to that, serious delays would occur in the setting-up of the Councils, seeing that an application would have to go forth to the Clerk of Awards from either party to a dispute for the setting-up of a Council, and he would have to give written notice of such to the Minister, and the Governor, if he chose, might decide that such Council be established. On that being done, and provided the Governor was of opinion that the dispute was of such a nature as to warrant his ordering that the Council be set up, both sides would be required to forward the names and addresses of their representatives to the Clerk of Awards, along with copies of the citation from whichever party took the initiative, and on receipt of these the Clerk would fix a date, and subsequenth- notify the representatives, for the hearing. He would also be required to forward copies of the citation to each person cited to the dispute. Taking-that into consideration along with the requirements of the Bill in regard to the posting of a ballot-paper and a, notice of a special meeting to each member of the union, the consideration of the claims, the passing of a resolution to refer the matter to the Council, the counting of the ballot to confirm such resolution, the union secretary sailing round the city in an almost vainless attempt to secure three men to represent his union on the Council, we anticipate that fully two and a half or three months would elapse from the time the union commenced its proceedings till it got its dispute before the Council. It may be mentioned that the proposal to initiate the Councils has been strenuously opposed by the representatives of the Employers' Federation of New Zealand, and taking that into consideration, and the fact of the organized workers being opposed to the same thing, it would be altogether unfair, unjust, and unreasonable for the Legislature to force something upon us which neither side directly concerned in the industrial conflict desire ; and it may also be pointed out that neither employer nor worker has asked for an amendment to the Act in this direction. Labour is perfectly satisfied with the principle of the present system, and we believe that, with a few amendments to the Act, as suggested by the last and subsequent labour conferences, and which we also believe will be of mutual benefit to the employer and employed, the present system of Conciliation Boards and i> Court of Arbitration is the best that can be devised by Parliament for the settlement of industrial conflict and the prevention of strikes. Clauses 18 to 20 inclusive: These clauses propose to permit of appeals to the Arbitration Court from the awards of the Councils under certain term:-! and conditions. As we have alread}- opposed the principle of the Councils, it is unnecessary for us to go into this matter at any length, except to say that labour is strongly opposed to any kind of an appeal. It may be mentioned, however, that if this were sanctioned it would be getting in the thin end of the wedge to appeal to the Supreme Court, and thence on, from the decisions of the Arbitration Court itself, and if that were'permitted, we are satisfied that the man or person with the longest pocket would succeed on every occasion, and the worker would go to the wall. In view of that, we would urge that the principle of any kind of appeal be kept out of the system. Clauses 22, 23, and 25: These relate to the enforcement of awards. In this connection we would suggest that, after the word "award," in the 31st, 33rd, 34th, 35th, and 38th lines, the words " agreement or recommendation of the Board "be inserted. In this connection it may be pointed out that under the existing law if any person enters into any business in which an award of the Court is operative, that person is bound by its provisions ; but this is not so in cases of industrial agreements and Board recommendations, consequently if any person enters a business in which 2—l. 9a.