116
THE NEW ZEALAND GAZETTE.
[No. 3

upon payment of subsequent contributions not exceeding 6d. per week.

(e.) An employer shall not be compelled to re-employ any worker who at any time has been discharged from his employment, notwithstanding that such discharged worker may be or become and remain a member of the union.

(f.) In the event of retrenchment or shortening of hands taking place preference of employment shall be given to members of the union, provided always that such members are equally competent to perform the particular work required to be done and are ready and willing to undertake the same.

(g.) No official of any corporate body bound by this award shall be a member of the union.

Alleged Breaches.

10. For the purpose of endeavouring to settle alleged breaches or disputes, and to overcome any anomalies that may seem to exist, the employer concerned and the union shall exhaust all reasonable means of settlement by moral suasion before any action for a breach of this award shall be taken by either side, and should disputes arise that cannot be settled in manner herein provided the employees shall remain in employment under protest pending the matter being dealt with in accordance with clause 11 hereof. Should such disputes have reference to rates of pay the rates ultimately decided upon shall retrospect to the original date of the dispute.

Matters not provided for.

11. Any dispute in connection with any matter not provided for in this award shall be settled between the particular employer concerned and the secretary or president of the union, and in default of any agreement being arrived at, then such dispute shall be referred to the Conciliation Commissioner for the district, who may either decide the same or refer the matter to the Court. Either party dissatisfied with the decision of the Conciliation Commissioner may appeal to the Court upon giving written notice of such appeal to the other party within seven days after such decision shall have been communicated to the party desiring to appeal.

Strikes.

12. (a.) The union shall do all in its power to prevent any strike by any of the workers affected by this award, and if any strike shall occur in which any members of the union shall take part, such strike shall be prima facie evidence that the union has committed a breach of its duty hereunder.

(b.) The union expressly covenants and agrees that it will not as a union recognize, take part in, aid, abet, or any way promote or assist any strike unless and until a secret ballot has been taken of all financial members of the union, and the consent obtained of at least three-fourths of such members, and unless and until subsequent to such ballot and consent at least six weeks’ notice in writing has been given to the employers: Provided always that the taking of such ballot and the consent of such majority shall not in any way lessen or remove any liability otherwise resting upon the union under the Conciliation and Arbitration Act or otherwise.

(c.) Any ballot taken under this clause shall be under the supervision and control of the Conciliation Commissioner for the district, or any other officer hereafter appointed by the Government for such purpose.

(d.) If any strike shall occur in which the union or a majority of its members shall take part, and in respect of which a secret ballot shall not have been taken as aforesaid, or the consent of three-fourths of the financial members shall not have been given, or the said six weeks’ notice in writing shall not have been given, the union shall be deemed to have committed a breach of this award.

(e.) If any strike by any of the workers affected by this award shall occur, then the operation of all the provisions contained in the foregoing clauses of this award shall at the option of the employers be suspended, and in lieu thereof the following provisions shall come into force and shall remain in force until a further award shall be made or this award revived: that is to say, the hours of work, wages,