The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-12-06
To AVERT STRIKES
Aim of New South Wales Indus
trial Arbitration Law.
L0CKOUTS ALSO UNDER BAN.

Penalties Provided Against Both EN-
pIoyer and Unions For Violation Of
Arbitration Deerees-Seoret Ballot
For Strikers an Innovation.
Explaining the provisions of the New
South Wales Industrial arbitration law
in the Chicago Tribune. George A.
Dorsey, Phi. D., LII. D., says:
The bill provides penalties both for
lockouts and strikes. If any person,
including an industrial union Of en-
ployers, does any act in the nature Of
a lockout or takes part in a lockout or
assists the court may fine him not to
exceed $1,000.
1t shall be a defense to proceedings
under this section If such person
proves that at least ninetenths of the
employees who are locked out did not
at the time of the giving of the notices
belong to an industrial union, that no
industrial agreement or award was
then in force in relation to the indus
try in which the lockout occurred and
that the employer carrying on such in
dustry or some person on his behalf
had given to the minister reasonable
notice of the intended lockout or of
such conditions of dispute or unrest as
would be likely to induce lockout.
The court may order any person
who does any act in the nature of
strike or takes part in strike or in
stigates or aids in strike to pay a
penalty not exceeding $3.50, but it shall
be a defense if such person proves
that at least nine-tenths of the en-
ployees who were on strike did not at
the time of the giving of the notices
belong to an industrial union, that no
industrial agreement or award was
then in force in relation to the indus
try or calling in which the strike oc-
cured and that such person or some
one on his behalf had given to the
minister reasonable notice Of the in
tended strike or of such conditions of
dispute or unrest as would be likely to
induce q strike.
The novel provision of the new act is
that where person under this sec
ton is ordered to pay a penalty the
court shall order that the amount of
such penalty shall be charged on any
moneys which are then or may be
hereafter due to such person from his
then or future employer, including the
crown. for wages or in respect of any
work done.
The law goes further and makes the
union liable to contribute to the pay
ment of penalty.
The union, however, has a right,
through its trustees. to be heard. The
court shall not make such order If the
union proves that it has by all reason
able means endeayored to prevent its
members from strikes or taking part in
a strike
The union itself may be penalized
heavily If any industrial union or trade
union of employees instigates or aids
in any act for which any person is liza
BILE to be ordered to pay penalty. The
court may order such union to pay a
penalty not exceeding $1,000 and may
at it's discretion suspend the operation
or cancel the registration under this
act of such union and may cancel any
award so far as it relates to the mem
bers of such union or both. The union
may urge in its defense that it or some
person on its behalf had given to the
members reasonable notice of such in
tended strike or of such conditions as
would be likely to induce a strike.
Another interesting innovation is the
minister may at any time before or
during strike direct that secret bal
lot be taken among the employees con-
cerned or the persons on strike as to
the declaration or continuance of the
strike. Any one hindering or trying to
defeat the taking of this ballot is liable
to penalty of 500.
The court may prohibit any injunc-
tion, lockout or strike. Any one dis
obeying the written injunction shall
be guilty of misdemeanor and liable
to Imprisonment not exceeding six
months.
So much for the strike and lockout
DfOVlSlOIlS. 1ueie are uioO pio' iS'oi''
to punish breaches of awards and 9th
er offenses. The employer Is liable.
without any deduction, for the price or
rate fixed by an award or an industrial
agreement. An employee may, within
six months after such money has be-
come due, apply to the registrar for an
order directing the employer to pay
the full amount of any balance due
The registrar may make any order he
thinks lust and may award costs to