The Sun.
London, England, 1868-03-25 00:00:00

E.3IPLOYERS AND TRADES UNIONS.

A memorial has been presented by the various branches
of the General Builders' Association to the Royal Com-
missioners onTrades Unions. The memorialists recommend
That the Secretary of State should appoint a registrar of
voluntary associations, with power to certify that the rules
of such associations were not contrary to law and public)
policy—law and public policy being reconsidered as sug-
gested. That all associations whose rules were so certi-
fied should have a quasi corporate character, and be
empowered to hold property and to sue and be sued.
That the accounts of all such associations should
be publicly audited, in a manner similar to that
adopted under the poor-law administration. The
expense of such audit could be met by charging
registration fees ; and the misappropriation of funds
should be punished, by heavy fines, as the mere dis-
allowance of certain items of account would act as no bar
to misappropriation. Legislation embracing these points
in connection with voluntary associations generally would,
we believe, fully and satisfactorily remedy all evils now
matter of complaint on the part of trades unions parti-
cularly. In the seQond place, in relation to the general
question of the present unsatisfactory condition of the
intercourse between masters and workmen, as so amply
evidenced by the prevalence of strikes and lock-outs,
we think that condition could be best improved by
the establishment of courts of conciliation and arbi-
tration. The establishment of these courts should not
be permissive only, nor should their action be limited
to settlement of disputes that have occurred. Very
much might be done to prevent their occurrence. The
most fruitful source of disagreement is that connected
with the periodical settlement of trade rules, hours of
labour, and rates of wages. The frequency of these dis-
putes, and the magnitude of the interests involved, furnish,
we believe, sufficient reason for the enlargement of the
sphere within which it has been hitherto considered right
to confine the action of the administration of the law. In
our case we believe that courts might be established that
would have the effect of preventing quarrels as well as
settling them. We are aware of the difficulties that
surround the subject, but they are not peculiar to it.
The difficulty that would attend the partial execution
of decrees where the parties to the actions occupy
such dissimilar positions as ordinary masters and
ordinary workmen, would doubtless be great ; but
the hardship or unfairness necessarily consequent upon
the circumstances would fall rather upon us than
upon those whom we employ. Nevertheless, we would
recommend the establishment of district courts, composed
of representatives of the masters and workmen, with an
independent chairman chosen by such representatives.
Failing an early agreement in the choice, the judge of the
county court should be ex officio chairman. The court
should be the court of the first instance in all civil actions
between masters and workmen ; and in cases involving
breach of the labour contract, where there was no written
contract between the parties, it should also be the court
of last resort. Its proceedings might be conducted and
decrees enforced as provided by Lord St. Leonards'
Act. The court should have power periodically to set
forth the trade rules, including rates of wages and hours
of labour of the district. The trade rules when they had
been certified by the Secretary of State, or the registrar
of voluntary associations before mentioned, should, in the
absence of any written contract, be held to be the contract
of service between masters and workmen in the district.
The registration of masters and workmen entitled to vote
in the election of their respective representatives might
furnish a means of defraying the expenses of these courts.
In the building trade the payment of a penny per month
by each workman, and a penny per month on each one of
the average number of men he employs by each master
would produce about £lOO,OOO per annum. This might
readily be collected through the masters, Power being
given them to deduct the men's proportion from their
wages.(