disputes are apt to be neither stubborn nor mischievous
enough to call for State interference; moreover, how
could an award be enforced against a handful of roving
workmen, a mere nebulous cluster of units? At
the request of any party to an industrial dispute the
District Board can call all other parties before it,
and can hear, examine, and recommend. It is armed
with complete powers for taking evidence and compelling
attendance. Its award, however, is not enforceable
at law, but is merely in the nature of friendly advice.
Should all or any of the parties refuse to accept
it, an appeal lies to the Central Court of Arbitration,
composed of a judge of the Supreme Court sitting with
two assessors representing capital and labour respectively.
The trio are appointed for three years, and in default
of crime or insanity can only be removed by statute.
Their court may not be appealed from, and their procedure
is not fettered by precedent. No disputant may
employ counsel unless all agree to do so. The
decisions of this Court are binding in law, and may
be enforced by pains and penalties. The arbitration
law has been in active operation for about three years,
during which time some thirty-five Labour disputes
have been successfully settled. As a rule, the
decisions of the Local Conciliation Boards are not
accepted. Either some of the parties refuse to
concur, or some of the recommendations are objected
to by all those on one side or the other. In
nearly all cases the awards of the Arbitration Court
have been quietly submitted to. In three minor
cases proceedings have been taken for penalties.
Twice these have been dismissed on technical grounds.
In the third instance a small penalty was imposed.
All the important Labour disputes of the last three
years have been brought before the tribunals set up
under the Act. The only strike which has occurred
and has attracted any attention during this period
was by certain unorganized bricklayers working for
the government. As the Act applied to neither
side an attempt was made to settle the dispute by
voluntary arbitration. Some of the men, however,
refused to accept the arbitrators’ award, and
lost their work. But of strikes by Trades Unions
there have been none, and there should be none so
long as the Act can be made to work.
As to the kind of questions arbitrated upon, they
comprise most of the hard nuts familiar to students
of the Labour problem. Among them are hours of
labour, holidays, the amount of day wages, the price
to be paid for piece-work, the proportion of apprentices
to skilled artizans, the facilities to be allowed
to Trade Union officials for interviews with members,
the refusal of Unionists to work with non-Union men,
and the pressure exerted by employees to induce workmen
to join private benefit societies. A New Zealand
employer, it may be mentioned, cannot take himself
outside the Act of discharging his Union hands, or
even by gradually ceasing to engage Union men, and
then pleading that he has none left in his employ.
A Union, whose members are at variance with certain
employers in a trade, may bring all the local employees
engaged in that trade into court, so that the same
award may be binding on the whole trade in the district.