B.C. LUMBER WORKER

From’Page 1

Minority report of Arthur Tur-
ner, M:L.A, (CCF, Vancouver
East), advocates:

1, Protection of the right of
the worker to join a union of his
own choice and prohibition of any
interpretation by the Labor Re-
lations Board of a trade union’s
constitution and jurisdiction.

2, Inclusion within the bar-
gaining unit of all employees ex-
cept those employed in a super-
visory or confidential capacity.

3. Establishment for civil ser-
vants of the right to use the pro-
visions of the Act,

4. Publication by the Labor

TURNER’S ‘MINORITY’ UPHOLDS LABOR

Relations Board of the majority
and minority reasons for judg-
ments rendered.

5. Deletion of the clause in the
Act which now enables the Labor
Relations Board to de-certify a
Union for an alleged illegal
strike.

6. Prohibition against the at-
tendance of any employer's rep-
resentative during the taking or
counting of a pre-strike vote.

7. Right of appeal to the Min-
ister of Labor against decisions
of the Labor Relations Board. —

8. Permission whereby parties
in dispute may by-pass a con-

ciliation officer and refer the dis-
pute directly to a Conciliation
Board. »

9. Industry-wide count of the
ballots in a pre-strike vote where,
as in the case of the IWA, bar-
gaining is conducted on an in-
dustry-wide basis.

Mr. Alan McDonell, M.L.A., in
a minority report, took strong
exception to the majority report
recommendation proposing the
curb on interim injunctions
against a trade union.

He also urged the retention of
government supervision of a
strike vote.

FROM PAGE 1

COM.

9. Raise of other dependents
pensions from $50 to $75
@ month,

Raise of funeral expenses
from $150 to $250.
Extension of compensation
coverage for employees in
the various branches of
agriculture.

Optional coverage for do-
mestic workers.

Inclusion of industrial
deafness on compensation
schedule.

Appointment of Medical
Appeal Board.

Improved program of dust
control for mines.
Educational program re
Silicosis and periodical
lung examinations,
Requirement for certificate
of fitness before employ-
ment in coal mines.
Elimination of temporary
certificates of fitness for
all types of mining.
Extended compensation for
hernia cases,

Reference to chiropodists
without medical permis-
sion.

“10.

il,

12.
13.

14,
15.
16.

Ti.
18.

19.
20.

21. Re-negotiation of agree-
ment with B.C, Pilots’ As-
sociation.

Extension of medical treat-
ment for employed fisher-
men.

23. Compensation for student

employees.

Agriculture Covered

The Commissioner's recommen-
dation that employed agricultural
workers should be covered by the
compensation act was based. on
an impressive array of statistics
demonstrating the high rate of
accidents in farm employment.

Reason that the need had not
previously received more atten-
tion was attributed to the fact
that the farm laborers have been
poorly organized.

In British Columbia there are
79,000 persons engaged in the ag-
ricultural industry, but the ratio
of self-employed to hired workers
is not known.

Appeal Board
The Commissioner found that
charges laid by the Marine and
Boilermakers’ Union of incompe-
tence against the medical branch
of the Workmen’s Compensation

22,

Board was not well founded.

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PENSATION REPORT

He reached the conclusion,
however that because of the large
number of disputes between the
claimants and the doctors that it
would be in the public interest to
appoint a Medical Appeal Board.

‘The Commissioner states:

“One basic fact arises from a
great mass of evidence; disputes
on medical issues have arisen and
will continue to do so. The ques-
tion then is: are these injured or
sick people who have a reasonable
ground for challenging the deci-
sions of the Board's doctors to re-
main without redress? If they are
to be left in that position, the
resulting bitterness engendered, is
in my opinion, not conducive to
a healthy social atmosphere. 1
have reached the conclusion it is
in the public interest that some
independent and impartial tribunal
should be set up to resolve these
disputes speedily, cheaply, and fi-
nally...

"If there are so many complaints
against the Board’s medical deci-
sions that a ‘deluge’ would des-
cend upon a Medical Appeal
Board, then that situation would
seem to me to be a cogent reason
why such an appeal tribunal
should be set up.

The Commissioner suggests a
Board of three members with a
Chairman, an experienced prac-
titioner, appointed for five years.

Three-man Board

The other two members of the
Board should be, he says, certified
specialists, the appellant to select
one, and the Board the other.

The decision of the Appeal
Board should be final and binding,
he advocates, as to the facts and
circumstances at the time of the
decision.

As outlined, the procedure
would not permit an appeal on
questions of treatment. The right
of appeal would be extended to
employers as well as~employees,
and would not be made retrospec-
tive.

Once again, the Commissioner
cited the principles originally ac-
cepted upon the institution of
Workmen’s Compensation as a
valid reason for rejecting the de-
mand for 100% compensation. He
points to the fact that workers
are compensated, whether the ac-
cident is the fault of the employ-
er or not, and that the injured
worker should share some portion
of the wage-loss,

Take-home Pay

In reference to his recommen-
dation that the rate be increased
to 70% of former earnings, he
states: 3

“In my view, a rate increase is
not of much value in arriving at
conclusions based on wages earn-
el, For example, notwithstanding
the high rate in the logging in-
dustry, wages earned are material-
ly affected by the shut-down of
operations due to climatic and
other conditions, My concern is
with the actual wage of a work-
ing-man takes home and upon
which he has.to support himself
and his family.”

He points to facts about the
decline in real wages which caus-
ed the provinces of Ontario and
Saskatchewan to raise the rate
to 75%, but on viewing the same
economic factors in B. C., decided
upon the 70% rate.

The present method of caleu-
lating time-loss following acci-
dents should remain unchanged,
stated the Commissioner, and the
abolition of the waiting period

was not permissible.

Mr. Arthur Turner, M.L.A., up-
held the main contentions regis-
tered with the Board of Enquiry
by the trade unions, .

In_advocating that the Act
should be broadened to include all
employees, except supervisory or
confidential, he stated:

“There seemed to be an unex-
plained fear that a broadening of
this definition (Section 2) would
create some disaster. A principle
that is good should be applied as
broadly as possible.”

On behalf of civil servants de-
siring the protection of the ICA
Act, he claims, “I am of the opin-
ion that employees of the Crown,
whether employed directly or by
@ ‘corporation or other body set
up by the Government should
have the right to use the provi-
sions of the Act.”

Democratic Rights

Mr. Turner devotes consider-
able space in his report to the
rights of the workers under the
Act. He contends that it was the
original intention of the Act that
every person had the right to
join a union of his own choice.
This right, he maintains, has been
perverted by the Labor Relations
Board, with great confusion and
frustration. “The LRB (B.C.) has
been almost alone as a target of
sustained criticism by the two
major congresses of Canada.”

“. .. Eligibility for membership
within a union is strictly a con-
cern of the union on one hand
and the worker on the other.”
He points out that the workers
are properly jealous of this fun-
damental right, which has been
denied them by the Labor Rela-
tions Board.

ILO Provisions

One argument employed by
Mr, Turner is that Canada as a
ratifying member of the ILO has
agreed to the convention “to
make effective (1) the rights of
the workers and employers, with-
out any distinction, to establish,
and subject only to the rules of
the organizations concerned, to
join organizations of their own
choite.”

The perches bes i,
3(1) , pro} ry
“Every person is free to
trade union of his own choice
to participate in its lawful
vities.”

As an additional protection
proposes amendment to
“Nothing in the Act shall allow
the Board to interpret the eo
tution of any trade union or
rule on its jurisdiction.”

No De-certification

In urging the deletion of the
Section which authorizes de-certi-
fication for eG, strikes, Mr,
Turner adds, “The penalties for
violations of the Act are fully*
provided for in Sections 37 to 42,
and these give the Board wide
scope.”

He contends that decisions on
border-line cases, where a large
number of employees are involy-
ed have led to injustices and con-
tempt for the law. “A law that is
sometimes applied and sometimes
ignored gives rise to a grave
doubt of its value.”

Only when a labor organization
ceases to represent the employ-

ees should de-certification be “ge

sidered, he concludes.

No Intimidation

In opposing the majority
recommendation approving of
employers’ scrutiny of a strike
vote, Mr. Turner points to in-
stances where the presence of the
employers has been regarded as a
form of intimidation.

The bureaucratic tendencies of
the Labor Relations Board would
be restrained in Mr, Turner’s
opinion, if the right of appeal to
the responsible Minister were
recognized and permitted,

Objection to the counting of
ballots unit by unit, as in the case
of a strike vote by the IWA is
registered by dissenting mem-
ber, Turner. Wher there is joint
bargaining, he argues, there
should be one vote, otherwise,
when the ballots of units are re-
eorded separately, cohesion of ef-
fort is frustrated.

SHAME!

Recommended increase in pension for widows from $50 to
$75 a month, as contained in the Sloan Report on Workmen’s
Compensation, is not as generous as it has been made to appear.

As the Commissioner proposed that such increases be not
made retroactive, all pension awards made to date remain at

the $50 level, it is now disclosed.

The Commissioner took the position that any increase to be
made in awards based on previous assessments upon industry
must be assumed by the Goyernment directly, and not out of

the Insurance Fund.

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INSURANCE and
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DUNCAN, 131 Jubilee Street
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Old Post Office Building

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Your Red and White Store

2 STORES to SERVE YOU
1) Station Street
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PHONE 737

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Plane Reservations made
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Phone 370 Duncan, B.C.

Pe, oe re a