N.Z. Industrial, etc., N.Z. Industrial, etc., Act, 1894, s. 42, continued. Industrial Conciliation and Arbitration. in all matters of costs of an award or penalty can again. move the Court under any circumstances or under any other name until such judgment be satisfied. But no such dispute shall be so referred for settlement by an industrial association, or industrial union, and no application shall be made to the Court for the enforcement of any award, except in pursuance of a resolution passed by a majority of the members on the rolls of such association or union, voting by ballot or by proxy, at a meeting specially summoned by at least three clear days' notice served upon each member, stating the nature of the proposal to be submitted to the meeting. (2.) The parties to such dispute may comprise : (a.) An individual employer, or several employers, and Any employer, association, or industrial union may, on application, if the Board think it equitable, be joined as a party at any stage of the proceedings, and on such terms as the Board deems just. But the mention of the various kinds of parties shall not be deemed to interfere with any arrangement thereof that may be necessary to insure an industrial dispute being brought in a complete shape before the Board; and a party or parties may be withdrawn or removed from the proceedings, and another or others substituted after the reference to the Board and before any report is made, as the Board shall allow or think best adapted for the purpose of giving effect to this Act, and the Board may make any recommendation or give any direction for any such purpose accordingly. (3.) An employer, being a party to a reference, may appear in person or by his agent duly appointed in writing for that purpose, or by counsel or solicitor, where allowed, as hereinafter provided. (4.) An association, or industrial union, being party to a reference, may appear by its chairman or secretary, or by any number of persons (not exceeding three) appointed in writing by the chairman of the association or union for that purpose, or by counsel or solicitor, where allowed as hereinafter provided. (5) Industrial Conciliation and Arbitration. (5.) Every party appearing by a representative or representa- (6.) The clerk, on receipt of any application for a reference to (7.) No counsel or solicitor shall be allowed to appear before 46. (1.) THE sittings of the Board shall be held at such time and place as are from time to time fixed by the chairman. Sittings of Board. N.Z. Industrial, etc., (2.) It shall be the duty of the clerk to give to each member of the Board at least forty-eight hours' previous notice of the time and Act, 1898, ss. 14, 15. place of each sitting. (3.) The Board may be adjourned from time to time and from place to place in manner following, that is to say:-- (a.) By the Board or the chairman at any sitting thereof, (b.) By the chairman at any time before the time fixed for Adjournment of Mode of inquiry by 47. EVERY Board shall, in such manner as it shall think fit, carefully and expeditiously inquire into and investigate any industrial Board. dispute of which it shall have cognisance, and all matters affecting N.Z. Industrial, etc., the merits of such dispute or the right settlement thereof, and for Act, 1894, s. 43. the purposes of any such inquiry shall have all the powers of summoning witnesses, and hearing and receiving evidence, and preserving order at any inquiry which are by this Act conferred on the Court of Arbitration. View by, or by 48. THE Board and, on being authorised in writing by the chairman, any member or officer of the Board or any other person direction of the may at any time (a.) Enter any building, mine, mine-workings, ship, vessel, Board. is Powers and duties of Act, 1894, s. 44. Industrial Conciliation and Arbitration. is being or has been done or commenced, or any matter or thing is taking or has taken place, which has been made the subject of a reference to the Board, and inspect and view any work, material, machinery, appliances, or article therein; and (b.) Interrogate any person in any such building, mine, mineworkings, ship, vessel, place, or premises as aforesaid, in respect of or in relation to any such matter or thing. And any person who hinders or obstructs the Board, or any such member, officer, or person as aforesaid, in the exercise of any power conferred by this section, or who refuses to answer any question put to him as aforesaid, shall for every such offence be liable to a penalty not exceeding Fifty pounds. 49. IN the course of any such inquiry and investigation, the Board shall make all such suggestions and do all such things as shall N.Z. Industrial, etc., appear to them as right and proper to be made or done for securing a fair and amicable settlement of the industrial dispute between the parties, and may adjourn the proceedings for any period the Board thinks reasonable, to allow the parties to agree upon some terms of settlement; and, if no such settlement shall be arrived at, shall resolve the question according to the merits and substantial justice of the case, and make their report or recommendation in writing under the hand of the chairman of the Board, which shall be delivered to and filed by the clerk in his own office with all papers and proceedings relating to the reference. Such report or recommendation shall be delivered as aforesaid within one month of the day on which the application was lodged with the clerk. Reference to com Court. Ibid., s. 45. 50. IN particular, but without limiting the general power given mittee of Board or to to a Board by the last preceding section, any Board may:(1.) Refer the matters in dispute, upon such terms as the Board thinks fit, to a committee of their number, consisting of an equal number of representatives of employers and workers, who shall endeavour to reconcile the parties; or, In case Board fails disputes may be referred to Court. Ibid., s. 46. (2.) Refer any matter before them to be settled by the Court. 51. IF the Board shall report that they have been unable to to effect settlement, bring about any settlement of any dispute referred to them satisfactorily to the parties thereto, the clerk, on the receipt of such report, shall transmit a copy (certified by him) of such report to each party to the industrial dispute; whereupon any such party may, in the manner prescribed, require the clerk to refer the said dispute to the Court. The clerk shall thereupon transmit all the papers and proceedings in the reference to the Court. 52. Industrial Conciliation and Arbitration. 52. NOTWITHSTANDING any of the foregoing provisions, Disputes may be it shall be lawful for the parties to any industrial dispute to refer referred to Court in such dispute to the Court in the first instance; provided both parties first instance. to the dispute assent to such reference. (3.) The Court of Arbitration. 53. THERE shall be one Court of Arbitration for the whole Colony for the settlement of industrial disputes pursuant to this Act. The Court shall be a Court of Record and have a seal which shall be judicially noticed, and impressions thereof shall be admitted in evidence in all Courts of Judicature and for all purposes. Creation of Court. Ibid., s. 47. 54. (1.) THE Court shall consist of three members, to be Constitution of appointed by the Governor, one to be so appointed on the recom- Court. mendation of the councils, or a majority of the councils of the Ibid., s. 48. industrial associations of workers in the Colony, and one to be so appointed on the recommendation of the councils, or a majority of the councils of the industrial associations of employers in the Colony: Provided that, if there shall be no industrial associations of employers or workers, then, in their stead, the recommendation shall be made by the industrial unions of employers or workers, as the case may be. No recommendation shall be made as to the third member, who shall be a Judge of the Supreme Court, and shall be appointed from time to time by the Governor, and shall be president of the Court of Arbitration, and, in case of the illness or unavoidable absence of such president, the Governor may appoint some other Judge of the Supreme Court to be and act as president, who shall hold office only during the illness or unavoidable absence of the president. (2.) The procedure for the purpose of giving effect to this Procedure to section shall be as follows: (a.) Each such council respectively shall, within one month In the event of the majority of the councils not having made recommendation as aforesaid, or in case such majority of recommendations are not received constitute Court. Power to appoint and Industrial Conciliation and Arbitration. received by the Governor within the period of one month after each council has been requested to submit a name as aforesaid, or in case any person so recommended declines to act as a member of the •Court, the Governor shall forthwith appoint such person as he thinks fit to be a member of the Court: and such member shall be deemed to be appointed on the recommendation of the said councils, as the case may be. (b.) For the purposes of this section, the expression "council" means the governing body of the association or industrial union entitled to vote, by whatever name such authority may be designated. (c.) As soon as practicable after a full Court has been appointed by the Governor, the names of the members of the Court shall be notified in the Government Gazette. 55. (1.) EVERY member of the Court shall hold office for three years from the date of his appointment, and shall be eligible for re-appointment, and any casual vacancy occurring in the membership by death, disqualification, resignation, or removal shall be supplied in the same manner by which the original appointment was made; but every person so appointed to fill a casual vacancy shall hold office only for the period for which his predecessor would have held office. (2.) If any member of the Court has been absent without sufficient cause for three consecutive sittings of the Court, the Governor may remove that member from office. (3.) Save as aforesaid, the president and members of the Court shall hold office on the same terms as to removal as a Judge of the Supreme Court. 56. EXCEPT the presiding Judge, every member of the Court and every officer thereof, on entering upon his duties, shall subscribe a promissory declaration that he will not disclose any evidence adduced or offered before him during his term of office to any one, except as provided by this Act, under a penalty not exceeding Five hundred pounds, to be recovered in manner prescribed by section eighty-eight. 57. THE Governor may also from time to time appoint and remove clerks, remove such clerks and other officers of the Court as may be necessary, who shall hold office during pleasure, and receive such salary or other remuneration as the Governor thinks fit. etc. 58. |