CO129-603-4 Industrial relations- necessity for introducing arbitration procedures 16-10-1946 - 20-12-1946 — Page 47

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consent, there is an extremely strong moral obligation upon the parties to accept and in practice, it is voll understood that agreement to submit differences to arbitration implies equally agreement to accept the Awards. Sometimes a clause to this effect is definitely included in the terms of agreement to go to arbitration.

Awards of the Industrial Court are published. Other Awards are regarded as the property of the parties concerned and their contents are not published or made available to outside parties without the consent of the parties concerned.

The cost of the Industrial Court is borne by the State and the expenses of ad hoc boards of Arbitration and Single Arbitrators are charged to the Vote of the Ministry of Lebour and National Service. No charge is made to the parties for these services. Shorthand notes of the proceedings are taken at the expense of the Department only if considered to be necessary for the purposes of the Court, Board or Arbitrator. Fees according to recognised scales are paid to Chairmen of Boards of Arbitration and to Single Arbitrators, and in some cases to members of Boards; in some cases the persons acting in these capacities regard such work as a public duty and prefer to waive any fees to which they may be entitleû. Assessors appointed by the parties are not normally regarded as entitled to fees, but no hard and fast rule is laid down.

Single

The Industrial Court has its own permanent secretariat. Arbitrators and ad hoc Boards of Arbitration are not normally provided with special secretarial assistance, the necessary arrangements for the proceedings being made as a matter of routine by officers of Industrial Relations Branch. In cases that may occupy some few days or involve a considerable amount of clerical work, an officer of the Division is sometimes deputed to act as Secretary.

(f) Courts of Inquiry.

Under Part (2) of the Industrial Courts Act, 1919, the Minister has power to inquire into the causes and the circumstances of any trade dispute whether reported to him or not, and if he thinks fit, to appoint a Crurt of Inquiry to enquire into the matter and report to him. Courts of Inquiry have no direct relationship with conciliation or arbitration and there is the essential difference that the consent of the parties to the appointment of a Court is not required. Courts of Inquiry are primarily a means of informing Parliament and public opinion and are only appointed as a last resort when no recognised method of settling a dispute seocms possible when a deadlock has been reached, and when the dispute or apprehension of a dispute is having, or likely to have, & serious effect on the public interest. It is obvious, therefore, that the power to set up a Court of Inquiry can only be used sparingly in matters of major importance affecting wider interests than those of the immediate parties to the dispute. The limited intention of the Act in this respect is suggested by its provision that any report of a Court shall be laid as soon as may be before both Houses of Parliament.

A Court of Inquiry may consist of one or more persons, all of whom are selected and appointed by the Minister. The Chairman, is, of course, always an independent person, but the other Members of the Court may consist of persons representing employers and workers outside the industry concerned in equal numbers. No definite rules of procedure have been laid down by regula- tion, but the Minute of Appointment usually embodies certain rules which have in practice been found desirable.

Whilst a Court of Inquiry is not directly related to conciliation or arbitration, the report of a Court may embody recommendations upon which it would seem that a reasonable settlement of the dispute can be based, and to this extent contains elements of both.

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