✨ 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.

  1. 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.
  2. 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.
  3. 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.

  1. 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.
  2. 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.
  3. The successor to a member of the Board shall be
    elected by the division of unions which elected such
    member.
  4. 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.
  5. 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.
  6. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  1. 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.
  2. 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.

  1. 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").
  2. Immediately upon the filing of such notice, the indus-
    trial dispute to which it refers shall be deemed to be before
    the Court.
  3. 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."
  4. 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.
  5. 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.

  1. 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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πŸ‘· Regulations under the Industrial Conciliation and Arbitration Act, 1894 (continued from previous page)

πŸ‘· Labour & Employment
2 January 1895
Industrial Unions, Associations, Registration, Conciliation, Arbitration, Fees, Witnesses, Court, Forms