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1.—9.

48

[W. PBYOE.

will notice that in dealing with penalties the wording is different to what is usually the case in these matters, and the cause says " shall be liable to a penalty of " so-many pounds. We ask that throughout the section the words "not exceeding" the amount staled shall be inserted. We ask for the same addition in connection with section 6. Subsection (2) of section 6: We ask that this should be altered to read " Every person, industrial union, industrial association, trade-union, or other society or association who or which makes any gift of money or other valuable thing to or for the benefit of any person, industrial union, industrial association, trade-union, or other society or association who or which is a party to a strike or lockout shall be deemed to have aided or abetted the strike or lockout within the meaning of this section unless such person or persons prove they so acted without the intent of aiding or abetting the strike or lockout. 15. Shortly, you would make that section apply to not only persons but associations? —Yes. We think it is too restrictive, and should be made to include all who are likely to commit breaches of this section. Section 7: We ask that after the words " Inspector of Awards," in line 48, should be inserted the words "or any party to the award or dispute." The section, as it reads at preesnt, gives only the Inspector of Awards the right to take action in connection with strikes or lockouts. We ask, as is at present the case, that any party to the award shall have the right. Experience teaches us in these matters, Mr. Chairman. You will remember that in connection with the Blackball strike the Attorney-General gave an opinion with regard to the meaning of " aiding and abetting," and the Federation took the very best legal advice in connection with the matter, which was to the effect that the Attorney-General was not correct in his interpretation. As a matter of fact the Federation arranged that the Blackball Company, a party to the award, should take action to have the question decided ; but just at that time the Minister of Labour publicly stated that it was his intention to alter the Act to make it quite certain that what the Federation desired would be given effect to, and the intended action was therefore not taken. We ask that the power given to any party to the award existing in the present Act should not be taken away in this Bill. Section 9, subsection (2), paragraph (g) : This refers only to the retail sale or delivery of coal, whether for domestic or industrial purposes. We feel that is getting at perhaps the least important part of the matter, because if the section does not apply to the mining of the coal it will be absolutely ineffective, and we ask that this subsection should read, " The mining and sale or delivery of coal, whether for domestic or industrial purposes." If)'. As it stands now it does not cover the getting of coal?— That is so, and therefore it does not get at the root of the matter. We ask that paragraph (h) of the same subsection should be made to read, "The working of any tramway, railway, or other carrying company or business used for the public carriage of goods or passengers, and all labour incidental thereto." We take it that the intention of the Government in this clause is to prohibit strikes in connection with our transport facilities, and what might be called our public utilities, and the clause as we suggest it is framed with that intention. Paragraph (i) of this subsection (2) reads, "Any industry or occupation of such a nature that any danger to the public health or safety, or any injury or destruction of the property of the employer, has resulted from the strike." We ask that after the words " has resulted " should be inserted the words "or may result." You will at once see the necessity for an alteration of that kind, as the whole of the intention might be there, the whole of the damage might be probable, and we think the country should be protected from this danger, and not have to wait until after the damage lias been done. We think the clause will be much more effective with those words in it. Section 10, dealing with the suspension of registration of a union convicted of certain offences : The Federation considers this an important point, and asks that provision should be made that a strike, immediately it occurs, should automatically suspend an award without waiting for the sitting of the Court or the hearing of the case by a Magistrate. We feel that where a strike has occurred neither the employers nor any other of the parties should be bound by the terms of the award. As a matter of practice now, I presume, as, say, in the case of the bakers' strike in Wellington, had the employers not been able under the circumstances to abide by the provisions of the award strictly, the Department would not have taken action against them; so it is only asking to have made law what is the existing practice. I take it that that might be fairly claimed to be the practice of the Department, because 1 feel sure, from my own knowledge of the fair method by which the Department conducts its business, it would never take action against employers placed in such a position. Then, subsection (3) of section 10 reads, " During any such period of suspension the operation of any award or industrial agreement in force at any time during that period shall be suspended "—I want you to note this—" so far as the award or industrial agreement applies to persons who are members of that union or association," it only applies to them—" or who were members thereof at the time when the said judgment or conviction was given or obtained, and also so far as the award or industrial agreement applies to the employers of any such persons." Now, what would be the effect of the operation of this clause? The" effect would be that, if a strike took place in any industrial district, only certain persons would be freed from the operations of the award —certain other persons would still be bound by it. That is the position, which clearly would not be practicable, and which Parliament itself could not expect would be submitted to. An award must either govern the conditions of the given trade in the given district altogether and absolutely, or it must be altogether and absolutely suspended, and so we object to the partial suspension; it must be absolute. 17. Let us be quite clear as to what you mean. You are sure you have stated the position correctly ?—As we see it. • , 18.' If a strike of furniture-makers took place in Wellington the effect of this clause would be the suspension of the award under which they were working, would it not?— Only partially. 19. But would you have it to affect all other workers in the Dominion?— No. The intention ie that it should apply to all those furniture-makers under this award.

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