The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-05-31
IL.

Before . compulsory arbitration law vas
enacted IN New Zealand attempts had been
made In Australia 70 deal with industrial
conflicts by optional arbitration laws. None
Of these bad bean at al successful. A COM
pulsory arbitration law put on the statute
book in South Australia In lse% also failed
ignominiously. We shall here confne our
selves 10 the New Zealand law, both because
hitherto IL has been generally regarded
a. successful and because It hAs lately been
copied moro or leas closely In New South
Wales and WsstsED AussEaaa. Drafted In
1901, and made . law toward the end of
ise4, the New Zealand arbitration act came
into force on New Years Day. 1895. The Aim
Of The statute wss 70 provide . scheme for
Tie sdjustmsnt Of labor disputes between
unions Of workmen on tho one side and
employers or unions Of employers on the
other. OF disputes between individual men
and thsir masters and between employers
and bodies Of msn not legally associated II
took no notice The exclusion vas grounded
on the belief that such disputes are neither
large enough nor stubborn enough 70 CAL
for State interferencs; morsovsr. how could
an svard Be enforced aSatnst nsbulo,D
clusters and marc shifting groups Of unitst
The individual employer might, therefore.
b tho unit on The one dde, but only . union
could b . recognised unit on tho other.
The disputes 70 DO dealt with oomprised all
matters relating 10 work done or TO b done,
or TO the privileges. rights or duties OF en-
ployers or workmen In any industry.
For the purpose Of dealing with labor con-
fiicts, the colony was TO Be divided into dis
tricts. tn each Of which local board Of con.
eiiidton might. II petitioned for, Be set up.
composed Of equal numberp Of masters and
men, with an impartial chairman. At tho re-
quest Of any party 10 IN industrial dispHts,
the district board va to call the o<hsr par
ties before it and bear, examine and award.
A. soon e. . dispute stood referred TO .
board Of Cancellation, anything Ia tho nature
OF striking OF locking out was forbidden.
Work was TO 20 on - usual, without with
drawab or dismissals for any cause con-
nected with the dispute. The act armed the
boards with the fullest powsrs for taking
evidence and for compelling attendance.
A boards award. however. was not TO BE-
enforcibls BY law. but was only 70 be .
friendyfecommendau TO the dbputants.
In case these or any Of thsm refused TO
accept It, any party might appeal to the
Court OF Arbitration; or the eonciliators
themselves, II hopeless OF efecting settle
ment. might themselves send case thithsr
The court Wa to be . tribunal consisting
Of Judge Of ths Supreme Court, sitting a.
prsadent, with two assassoFs, ons selected
By assooiations Of employer. the Other BY
federations OF trade unions. Tho trio
were TO be appointed for three yoan. and
in defaul. Of bankruptcy. crime or insanity.
only both houses Of Parliament were to have
power TO remove any Of them. The court
was not 10 be fettsred BY prsosdents. 1t
WA to settle it, own procedure and hear
any sort Of evidence that II chose to call
for or listen to, whether striotly legal
was to be public or private, a. the court
might order. Tho courts award could be
given by 4 majority Of its mernbers. who
wore to decide in such manner as stood
with equity and good conscience.
1t was TO rest with the majority OF the
members OF tho Court Of Arbitration to
say whether their award was to have the
force Of law, or was merely to be in the nature
Of good advice. II II was TO have legal
force, il war to be filed in the Supreme
Court, and would then have the weight
OF an ordinary submission to an award
that u to say. any party to II could by leave
OF the Judge get IN order exscting penalty
for breach Of II. The penalty was not TO
exceed ave hundred pounds in the case
OF any individual employer or trade union
Should q unions funds be insufficient to
nay the penalty. each member OF the union
was to be liable to the extent Of not more
than ten pounds. Costs were TO be imposed
In the discretion Of tho Court OF Arbitration.
Under the act a. hrst passed, tho award
might not have force for longer than two
years. On the other hand. the award was
not TO be appealed against, or be qiashed
BY. any other tribunal, nor were proceedinss
| In the Court Of Arbitration to be removed
10 any other tribunal on any pretext what
ever.
At Al - II