β¨ Regulations for Industrial Unions
6
THE NEW ZEALAND GAZETTE.
[No. 1
tion represents, as well as by a list of its members and
officers, and by two copies of its rules.
4. In the months of January and July of every year there
shall be forwarded to the Registrar of Friendly Societies,
Wellington, by every industrial association, a list of the
industrial unions constituting such association, and by every
industrial union a list of the members of such union.
5. Such lists shall be made up to the first day of the
month in which they are to be forwarded as aforesaid, and
shall be verified by the statutory declaration of the president
or chairman of the association or union forwarding them.
6. Such statutory declaration may be in the form num-
bered 3 in the Schedule hereto.
Industrial Agreements.
- The Clerk of Awards in each district, being a Deputy
Registrar of the Supreme Court, shall keep in his office
(being the same office as the Supreme Court office wherein
he is Deputy Registrar) a register of all industrial agree-
ments, duplicates whereof are filed in the office of the
Supreme Court in that district. Such duplicates shall be
numbered consecutively in the order in which they are filed,
and the register shall set forth the date of the agreement,
and of the filing thereof, the names of the parties thereto,
and of every employer who, in the prescribed manner, signi-
fies concurrence therein. - Such concurrence as aforesaid may be signified by
filing in the same office as that in which the industrial
agreement is filed a notice in the form numbered 4 in the
Schedule hereto, and every notice of concurrence shall bear
the same number as the industrial agreement to which it
relates. - Before permitting the duplicate of an industrial agree-
ment (if other than a duplicate original) to be filed, the Clerk
of Awards (hereinafter called "the Clerk") shall satisfy
himself that such duplicate is a true copy of the original
agreement whereof it purports to be the duplicate, and for
that purpose he may require the production of such original
agreement.
Boards of Conciliation.
- Nomination-papers, consent-papers, and voting-papers
for the purpose of election of members of the Board of Con-
ciliation (hereinafter called "the Board") may be in the forms
numbered respectively 5, 6, and 7 in the Schedule hereto. - At any such election as aforesaid an industrial union
may distribute its votes at pleasure amongst all the candi-
dates to be elected by its division. Thus, if there be two
candidates to be elected by the industrial unions of workmen
in a given district, a union of workmen may give two votes
to one candidate and none to the other. - The successor to a member of the Board shall be
elected by the division of unions which elected such
member. - For the purpose of electing the Chairman of the Board,
the members present at the meeting called for the purpose
shall select to preside at that meeting one of their number,
who shall have a deliberative but no casting vote. Nomi-
ations of qualified persons shall then be received from
members. If there be only one person nominated, he shall
be declared elected as Chairman. - If there be more such nominations than one, the
person receiving an absolute majority of votes of the mem-
bers present shall be elected. To that end the names of all
the persons so nominated shall be written on a list and sub-
mitted to the vote. The name of the person receiving the
smallest number of votes shall be struck out, and the re-
maining names shall be again submitted to the vote. This
process is to be repeated until there remains only one person
on the list, and he shall be the elected Chairman. - In the event of two such persons remaining on the
list with an equal number of votes, and neither of them
being able to obtain an absolute majority, then, when all
reasonable attempts to secure an absolute majority have
failed, the members of the Board shall be deemed to have
refused to elect a Chairman, and the Governor shall appoint
one.
Industrial Disputes.
-
Applications for the reference of an industrial dispute
for settlement to the Board (hereinafter called "a Reference")
may be in the form numbered 8 in the Schedule hereto. -
When lodging a Reference with the Clerk, the applicant
shall also lodge as many copies thereof as there are other
parties to the dispute. The applicant shall file the original,
and the Clerk shall indorse on each copy a memorandum
signed by him, setting forth the fact and date of the filing
of the original, and shall then forthwith post one such copy
by registered letter, addressed to each of the said other
parties to the dispute. -
All References shall be numbered consecutively in the
order in which they are filed, and the Clerk shall keep a
register thereof, setting forth the number of the Reference
and the date of the filing thereof, together with the name of
the applicant and of the other parties to the Reference. -
All documents subsequently filed, lodged, or issued in
the matter of the Reference shall bear the same number as
the Reference to which they relate, and shall be intituled in
the form numbered 9 in the Schedule hereto. -
The Clerk shall convene a meeting of the Board by
posting to each member a notice in the form numbered 10
in the Schedule hereto. -
The date of such meeting shall be not sooner than
seven nor later than fourteen days after the day on which
the notice convening the same is posted, and the notice shall
be posted within three days after the filing of the Reference. -
The Clerk shall post by registered letter, addressed to
each party to the Reference, a notice of the day, hour, and
place of such meeting. -
Such notice shall be in the form numbered 11 in the
Schedule hereto, and shall be posted at least three days
before and exclusive of the day of meeting. -
A party to a Reference who desires to appear by agent,
or (where allowed) by solicitor or counsel, shall sign and
file in the office of the Clerk a warrant in the form num-
bered 12 in the Schedule hereto. -
Where all the parties to a Reference consent to the
appearance of counsel or solicitor, such consent shall be
given in the form numbered 13 in the Schedule hereto, and
the same shall be filed in the office of the Clerk.
Witnesses.
- A summons to a witness shall be in duplicate, in the
form numbered 14 in the Schedule hereto. The Clerk shall
sign both duplicates, retaining one and issuing the other for
service by the applicant. Service shall be effected by deliver-
ing a copy to the witness, and at the same time producing
the original for his inspection if so desired. - Any number of witnesses may be included in one sum-
mons, but the copy served need only contain the name of
the witness upon whom it is served. If the summons is
issued out of the Court of Arbitration it shall bear the seal
of the Court; if issued by the Board of Conciliation, it
shall be signed by the Clerk on behalf of the Board.
The Court of Arbitration.
- Any party to an industrial dispute who is dissatisfied
with the report of the Board may, by filing in the office of
the Clerk notice in the Form No. 15 in the Schedule hereto,
require the Clerk to refer the dispute to the Court of Arbi-
tration (hereinafter called "the Court"). - Immediately upon the filing of such notice, the indus-
trial dispute to which it refers shall be deemed to be before
the Court. - All papers and proceedings before the Court shall
bear the same number as before the Board, and
be similarly intituled, with the addition of the words,
"Before the Court of Arbitration." - The clerk in each industrial district shall be an officer
of the Court, and shall attend all sittings thereof in his dis-
trict. He shall keep the minutes of proceedings and the re-
cords of the Court, and perform all such duties and exercise
all such functions as the Court may direct. - The Court may prescribe rules of procedure and prac-
tice relative to all matters with which it has to do, and such
rules shall be as valid as if incorporated with these regula-
tions.
Fees.
- The following fees shall be payable to the Clerk, and
(in the first instance) by the person or party on whose appli-
cation the matter referred to is done:β
For filing industrial agreement .. .. 5 0
For filing any other document .. .. 3 0
For issue of a summons (including seal of
Court) .. .. .. 3
For affixing seal of Court .. .. 3 0
Report or recommendation of Board .. 10 0
Certified copy thereof .. .. 3 0
In procedure for obtaining evidence at a dis-
tance: The fees prescribed under "The
Magistrates' Court Act, 1893"
Award of Court (including seal) .. .. 10 0
Order of Court (including seal) .. .. 3 0
Notice of application to Court .. .. 2 0
34. All fees shall be paid in stamps.
SCHEDULE.
Form 1 (Reg. 1).
Under "The Industrial Conciliation and Arbitration Act,
1894."
APPLICATION FOR REGISTRATION.
PURSUANT to the provisions of "The Industrial Conciliation
and Arbitration Act, 1894," we hereby make application for
the registration under that Act of the [Wellington] Branch
of the [Bootmakers'] Society [or the Council of the (Boot-
makers') Union of New Zealand, or otherwise, as the case may
be] as an industrial union [or as an industrial association]
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β¨ LLM interpretation of page content
π·
Regulations under the Industrial Conciliation and Arbitration Act, 1894
(continued from previous page)
π· Labour & Employment2 January 1895
Industrial Unions, Associations, Registration, Conciliation, Arbitration, Fees, Witnesses, Court, Forms
NZ Gazette 1895, No 1