Industrial Conciliation and Arbitration.

(4.) Every Board shall be elected in the following manner:

(a.) The clerk shall act as Returning Officer and do
the acts and things hereinafter required of him.

(b.) First elections of a Board shall be held within
thirty days after the constitution of the district,
and the Returning Officer shall give fourteen
days' notice in one or more newspapers circulating
in the district of the day and place of election,
which shall be so arranged that the industrial
unions of employers shall vote at one time, and
the industrial unions of workers at another
time of the day fixed: Provided that the
Governor may from time to time extend for such
time as he thinks fit the period within which any
election shall be held.

(c.) Persons shall be nominated for election in such
manner as the rules of the industrial union may
prescribe, or, if there be no such rule, nominations
shall be made in writing by the chairman of the
union, and lodged with the Returning Officer at
least three days before the date of election.
nomination shall be accompanied by the written
consent of the person nominated, and forms of
nomination shall be provided by the Returning
Officer on application to him for that purpose.

Each

(d.) No person whilst holding a seat on one Board N.Z. Industrial, etc., shall be qualified for nomination or election to a Act, 1896, pt. s. 2. seat on any other Board, and if he is so elected

his election shall be void.

(e.) If any person allows himself to be nominated for
election as a member of more Boards than one,
both nominations shall be void.

N.Z. Industrial, etc.,
Act, 1896, pt. s. 2.

N.Z. Industrial, etc.,

(f.) When all the nominations have been received, the
Returning Officer shall give notice of the names Act, 1894, s. 32 (d).
of persons nominated, by affixing a list thereof on
the door of his office at least one clear day before
the day of election.

(g.) If it appears that no more persons are nominated
than are required to be elected, the Returning
Officer shall at once declare such persons elected;
if the number of persons so nominated exceeds
the number required to be elected, then votes
shall be taken as hereinafter provided.

(h.)

Industrial Conciliation and Arbitration.

(h.) The Returning Officer shall preside at the election by each division of industrial unions entitled to vote, and the vote of each such union shall be signified in writing in the prescribed manner, and on being tendered by the chairman of the union, or by some person appointed by the union for that purpose, in accordance with the rules, the Returning Officer shall record the vote in such manner as he thinks fit.

(i.) Each industrial union of employers shall have as many votes as there are persons to be elected by such industrial unions; and the persons having the highest aggregate amount of such votes, not exceeding the number of persons to be elected, shall be deemed elected by such industrial unions. Each industrial union of workers shall have as many votes as there are persons to be elected by such industrial unions; and the persons having the highest aggregate amount of such votes, not exceeding the number of persons to be elected, shall be deemed elected by such last mentioned industrial unions.

(j.) If it shall happen that two or more candidates have an equal number of votes, the Returning Officer, in order to complete the election, shall give a vote to one or more of such candidates as he thinks fit: Provided any candidate may in any such case withdraw from the election.

(k.) As soon as possible after the votes of each division of industrial unions have been recorded, the Returning Officer shall ascertain what persons have been elected, as before provided, and shall state the result in writing, and forthwith post the same in some public place at the place of the election.

(1.) In case of any dispute touching the sufficiency of the nomination, the mode of election or the result thereof, or any matter incidentally arising in or in respect of such election, the same shall be decided by the Returning Officer, whose decision shall be final.

(m.) In case any election is not completed for any cause on the day appointed, the Returning Officer may adjourn the election, or the completion thereof, to the next or any subsequent day, and may then proceed with the election.

(n.)

Industrial Conciliation and Arbitration.

(n.) The whole of the voting papers shall be securely
kept by the Returning Officer during the election,
and thereafter shall be put in a packet and kept
for one month, when he shall cause the whole of
them to be effectually destroyed.

(0.) Neither the Returning Officer nor any person
employed by him shall (except in discharge of
his duty) disclose for whom any vote has been
given or tendered, either before or after the
election is completed, or retain possession of or
exhibit any voting paper used at the election.
or give any information to any person as to any
of the matters herein mentioned; and if any
person shall commit a breach of this provision
he shall be liable to a penalty not exceeding
Twenty pounds; but nothing herein contained
shall be deemed to forbid the disclosure of any
fact or the doing of any act hereby prohibited if
the same be required in obedience to the process
of any court of law.

(5.) The clerk shall, after the completion of the election,
appoint a day for the first meeting of the members
elected, and shall give at least three days' notice in
writing to each member. At such meeting the members
shall elect some impartial person, willing to act and not
being one of their number, to be chairman of the Board:
Provided that if the members shall not have agreed
upon a chairman within one month after such first
meeting, it shall be lawful for the Governor to nominate
some person as chairman, who shall thereupon become
the chairman of the Board.

34. IF and so often as for any reason the prescribed number of members of the Board is not duly elected, as provided by this Act, the Governor shall, by notice in the Government Gazette, appoint as many fit persons to be members of the Board as may be necessary in order to make the prescribed number. The notice of such appointment in the Gazette shall be conclusive evidence of the happening of the events entitling the Governor to make the appointment.

If members of Board

are not elected, Governor to appoint. N.Z. Industrial, etc.,

Act, 1895, pt. s. 6.

Notice of appoint

35. AS soon as may be after the election of the chairman, the clerk shall transmit to the Governor a list of the persons appointed ments and elections and of the persons elected as members and chairman of the Board to be gazetted. respectively, and the Governor shall cause notice thereof to be pub- N.Z. Industrial, etc., lished in the Government Gazette; and the date on which the notice is so published shall be deemed to be the date of election, and such. notice shall be final and conclusive for all purposes.

Act, 1894, s. 33.

36.

Members to hold

office for three years. Ibid., s. 34.

When fresh elections

to be held.

Ibid., s. 35.

In what events vacancy to occur. Ibid., s. 36.

Provision in case

vacancy.

Ibid., s. 37.

Quorum of Board.

Absence of chairman.

Mode of voting.

of

Provision in case of

no election.

Ibid., s. 39.

Industrial Conciliation and Arbitration.

36. THE members of the Board and the chairman shall hold office for three years from the date of the publication of such notice in the Government Gazette, and until their successors are elected.

37. ON the expiration of every third year after the first election of members of a Board or of a chairman thereof, a new election shall be held on such day as the Governor may appoint, and new members and a chairman shall be elected in the manner herein before provided in respect of first elections. Any retiring member or chairman shall be eligible for re-election, and all proceedings in and about such new election may be had and taken accordingly.

38. IF the chairman or any member of a Board shall die, resign, or be disqualified or incapable to act, his office shall be vacant, and the vacancy shall be supplied in the same manner as the original election, and the person so elected shall hold office in the Board only for the residue of the term of his predecessor therein. Members shall resign office by letter addressed to the chairman, and the chairman by letter to the Board.

39. UPON any casual vacancy in the office of a member of the Board being reported to the clerk, he shall take all such proceedings as may be necessary to have an election by the class of industrial union entitled to vote in the election of such member, and the provisions as to general elections shall apply accordingly as far as applicable. In the case of a casual vacancy in the office of chairman, the Board shall meet on such day and at such time as they may appoint, and elect a chairman to supply such vacancy.

40. (1.) ANY even number of members of the Board in addition to the chairman shall constitute a quorum for the transaction of business, provided that such even number is composed equally of representatives of employers and representatives of workers.

(2.) In the case of the absence of the chairman, the members present may elect one of their own number to be chairman during such absence.

(3.) In all matters coming before any Board the decision of the Board shall be determined by a majority of the votes of the members present, exclusive of the chairman, except in the case of an equality of such votes, in which case only the chairman shall vote, and his vote shall decide the question.

41. IF at any time the industrial unions entitled to vote shall neglect or refuse to vote at the election of a member of a Board, whether in respect of a general election or of a casual vacancy, or if

the

Industrial Conciliation and Arbitration.

the members of a Board shall refuse to elect a chairman, or if any N.Z. Industrial, etc.. person's election shall become void, the Governor shall fill the Act, 1896, s. 2 (3). vacancy by appointment.

42. (1.) NO act of a Board shall be questioned on the ground Act of Board not to of any informality in the election of a member, nor on the ground be questioned for that the seat of any member is vacant, or that any supposed member informality in thereof is incapable of being a member

election, etc. Ibid., s. 40 (1).

If office of Board ex

(2.) In the event of the period of office of any Board expiring while such Board is engaged in the investigation of any industrial pires during hearing, dispute, the Governor may, by notice in the Government Gazette, Governor may concontinue such Board in office for any time not exceeding one month, tinue Board in office. in order to enable its members to take part in the settlement of such Ibid., s. 40 (2). dispute, and on the expiration of such month an election of a new Board shall be held in the manner herein before provided.

43. (1.) WHERE no district has been constituted, or where Special Board may a dispute extends into two or more districts, a special Board of be created in certain Conciliators may be appointed by the Governor from time to time, to cases.

ɛ.

meet any case of emergency or any special case of industrial dispute. Ibid., 8. 41 (1). Such Board shall consist of an equal number of persons, not exceeding six.

(2.) The members of any such special Board, together with a Powers of such chairman, to be elected as provided in section thirty-three, shall, Boards. except in respect of the duration of their office, possess all the jurisdiction and powers of a Board elected for an industrial district.

44. EVERY person appointed by the Governor to be member Members appointed or chairman of a Board shall be deemed to be elected within the by Governor deemed meaning and for the purpose of section thirty-three of this Act.

45. ANY industrial dispute may be referred for settlement to a Board either by or pursuant to an industrial agreement, or in the manner hereinafter provided:

(1.) Any party to such dispute may, in the prescribed manner,
lodge an application with the clerk requiring that such
dispute be referred for settlement to a Board, which
application shall set out in full the matters involved in
the industrial dispute to be referred to the Board, and
such reference shall not, without the consent of the
Board or Court, extend beyond the scope of the matters
set out in such notice.

Provided always, that no union of employers or
workers which has not satisfied the judgment of a Court

in

elected.

N.Z. Industrial, etc.,
Act, 1896, s. 3.

Mode of referring
disputes.

N.Z. Industrial, etc.,
Act, 1894, s. 42.