THE NEW ACT.

Gisborne Times, Volume XXVI, Issue 2332, 27 October 1908, Page 2

THE NEW ACT.

CONCILIATION AND ARBiTRA TION.

WHAT DIFFERENCE DOES IT MAKE TO THE WORKER?

It widens his industrial prerogative. At present “Worker” means any person of any age, of either sex, employed by any employer to do any skilled * or. unskilled manual or clerical work | for hire or reward. After Ist January next, with an omission of qualifying words, “Worker” will mean any person of any age of either sex employed to do any work for hire or reward—that is, any paid employee.

Before the Act can apply to them, workers have to associate themselves as an industrial union, and have to obtain registration—as at present; though, by the common procedure, the awards of the Arbitration _ Court, when obtained, arc made binding upon unassociated workers also.

Bat whereas at present seven workers can form an industrial union, after Ist January fifteen will be required.

An attempt is made to protect the worker against dismissal from his employment by reason merely of the fact that lie'is a. representative unionist. A similar attempt is made at present. The new Act tries a little harder.

The worker who accepts less than the award rates, and afterwards brings an action to recover, the full rate, must bring his action within three months after, the wages become due and payable.

After Ist. January permits to work at a rate of wages below the rate fixed by an award will be granted only to tiie persons who are usually employee! i.n the industry concerned. The “handy man,” for example, who wishes to accept under-race wages as a carpenter, must have been usually employed as a carpenter. His permit to work under the usual rate may be granted for a definite term only. This term is at the discretion of an Inspector of Awards, upon whom the new Act places the duty of granting under-rate permits in future,- unless the Court- of Arbitration makes other provision.

The worker who strikes is subject to various new penalties, as already enumerated. It becomes so difficult to convict a careful striker, however, that lie runs little danger of a penalty. Besides the new Act interposes the union to shield him; audit the union is punished the worker escapes. At present, both union and worker may be punished for the same strike, so that- the new Act gives decided relief to the individual striker.

The loregoing paragraph refers to ordinary strikes, under the rule of the Arbitration Court.

• the case of strikes in special industries (without 14 da vs’ notice) which comes under the rule of the Supreme Court, the difficulty of convicting a striker is the same; but if file lav can catch him there is little doubt that he will be punished. Probably, however, _ the union will m practice be again interposed as a shield for the individual striker. It remains to be seen whether the big tor eats. the now Act will not be iound to be- empty sound. At present intend 311(1 lf ' that K not the r'lfv lhero ,, ls no . explanation of the Goi crument s action in making it much more difficult to convict a as trie. by lumtmg tlie definition of

snSfr-nd l 'i Ac -’ an awai ’d may be 7 1 a union is found „uilty of inciting a strike. If the -ulitv of a ltT rk6rs are found an 10118 ’ “° thin S happens to Every strike in an industry governor -mn* an a ";ard—whether successful as far as the strikers are to } 7 eak domi the arbitration system; for the simple reason that a system that is found arh + n +- olx y one of the parties to arbitration is unjust, and must preUnde y r or >l U x ltl 7 ately > abolished. H n ar h lt f a -tion, unions must take the kicks with the ha’pence. the arbitration system is especially beneficial to ill-paid laborers. The action of the well-paid laborers in striking at tlie arbitration system is, therefore, short-sighted and selfish, they may succeed, but every such success hastens the day when their less fortunate fellows will suffer for the success. Sweated labor has been brought under shelter in New Zeahot the chief part of that shelter will go if the tottering arbitration system falls. The workers who, by greed, -arrogance, and obstinate- unreason, damage or destroy that system, are therefore to be deemed enemies of their own class.

Under the new Act, awards will not ojierate unless the employer is mak“jg a, cash profit out of the worker, a he cash profit barred is either direct or indirect. Thus a Miramar syndicate, grading and roading iland in order to sell it in allotments, will be bound by the Wellington Laborers’ Award. A man who buys a section of land in order to put -up a house as a residence, and not for sale, may employ such labor as he chooses, and will not be bound by any awards. Of course, the house may be sold later on; after a sufficient interval of time has elapsed to prove that the owner is not -a speculative builder. If the owner employs labor on terms other than av r ard terms, it may be possible to prove that his object as indirect pecuniary gain, but the proof will be difficult. Suppose the owner pays award- wages, and merely asks his men to come to work an hour earlier on fine mornings: is he seeking a money profit? The Arbitration 'Court will decide every case on its merits-; but some merits will be so hard- to -ascertain that there is plenty of room for a motor-car to go through the Court awards. That reminds .that every owner of a motor-oar will be able to -make his own -bargain for the repairing or repainting of his car. The Court will have to strain tlie law in order t 0 find that his object is direct or indirect pecuniary profit. The Court’s awards, in fact, will spring countless leaks. Suppose a suburban syndicate buys land now and keeps it in a single name. The nominee will be able to- do £SOOO worth of improvement work without reference tp the Court’s awards. Urn-

til he attempts to transfer, the syndicate is notifiable to a penalty unless -it can bo proved his accomplice; and arrangements may- bo made to evade his own liability. However, the area of free contract, commencing on. Ist January next is not likely to last after the new Parliament meets; and dishonest evaders of awards may find the Arbitration Court more than a match- for them.