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WEDNESDAY, JULY 16, 1975
THE LABOUR RELATIONS BILL PROVIDED A BETTER BALANCE BETWEEN UNION RIGHTS AND THE RIGHT OF THE PUBLIC TO BE PROTECTED, AND THIS BALANCE HAD BEEN UNANIMOUSLY SUPPORTED BY THE LABOUR ADVISORY BOARD.
MR. HENDERSON SAID HE ALSO WISHED TO MAKE CLEAR THAT THE COOLING-OFF PERIOD COULD NOT BE IMPOSED TWICE FOR SUBSTANTIALLY THE SAME DISPUTE. IN SHORT, IT MAY NOT BE RE-INTRODUCED AFTER THE 60-DAY PERIOD, HE SAID.
ALSO, THE SECTION OF THE BILL PREVENTING THE PUBLISHING OF CERTAIN MÁTTERS IN RELATION TO BOARDS OF INQUIRY WAS NOT INTENDED TO INHIBIT UNION LEADERS FROM COMMUNICATING WITH THEIR MEMBERS OR MANAGEMENT EMPLOYEES WITH THEIR BOARDS, AND THIS WAS NOT THE EFFECT OF THE CLAUSE AS DRAFTED.
MR. HENDERSON SAID HE WAS MOST GRATEFUL TO UNOFFICIAL MEMBERS OF THE COUNCIL FOR THEIR LONG AND PATIENT CONSIDERATION OF SUBMISSIONS MADE TO THEM, FROM WHICH USEFUL POINTS HAD EMERGED.
BUT, HE SAID, HE COULD NOT AGREE WITH THE SUGGESTION THAT SPECIAL CONCILIATORS BE GRANTED COMPULSORY POWERS TO CALL IN EITHER PARTY TO A DISPUTE.
+1 DOUBT THE EFFECTIVENESS OF SUCH A POWER, MR. HENDERSON SAID. +THE ESSENCE OF CONCILIATION IS VOLUNTARY, AND ANY FORM OF COMPULSION IN THIS FIELD IS TO SOME EXTENT A CONTRADICTION IN TERMS.+
EVEN THOUGH THE PROPOSAL WAS ONLY TO SUMMON PARTIES SEPARATELY, AND NOT TO COMPEL THEM TO MEET, IN PRACTICE THE RECALCITRANT EMPLOYER HAD ONLY TO TURN UP, SAY +GOOD MORNING, + THEN LEAVE AGAIN.
AND THE PROBLEM AROSE ON THE WORKERS' SIDE OF WHO WAS TO BE +SUMMONED+, BECAUSE OFTEN - EVEN IF INDIVIDUALS COULD BE ESTABLISHED TO BE TALKING FOR THE WORKERS - THEY FREQUENTLY DENIED THEY WERE +REPRESENTATIVES+, AND SO COULD JUSTLY EVADE BEING CALLED IN.
+1 WOULD PROPOSE, THEREFORE, TO LET THE BILL STAND IN THIS RESPECT, BUT UNDERTAKE TO MY HONOURABLE FRIEND DR. CHUNG TO REVIEW THE POSITION AFTER TWO YEARS' WORKING OF THE NEW PROCEDURES.+
MR. HENDERSON SAID AN AMENDMENT WOULD BE MADE TO THE WORDING OF CLAUSE 11(C), WHICH STATED THAT THE GOVERNOR-IN-COUNCIL COULD TAKE +SUCH OTHER ACTION AS HE THOUGHT FIT. PARTICULARLY IN THE CHINESE TRANSLATION, THIS GAVE THE IMPRESSION OF UNFETTERED POWERS TO DO ANYTHING.
+OF COURSE SUCH ACTION WAS ONLY INTENDED TO BE WITHIN THE CONTEXT OF THE BILL, INCLUDING THE IMPORTANT POWER OF POSITIVE INACTION, + MR. HENDERSON SAID, THE WORDING WILL BE MODIFIED TO MAKE THIS CLEARER.+
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/HE SAID MANY