EF eS 2 WESTERN CANADIAN LUMBER WORKER From Page 1 “Bill these circumstances. He suggested that the Union could then ask for the continued services of the Concili- ation Officer. If such action is taken by the Union, the Act contains no provision to require the employers to accept continued conciliation. The Minister made an oblique reference to sections of the Act pro- viding for mediation and an Indus- trial Enquiry Commission. One re- quires an agreement between the parties on its appointment, and the second is taken only on the initiative of the Minister. The IWA Misrepresented The Minister stated that this new procedure had been prepared because the IWA had expressed the wish in 1959 to by-pass Conciliation Board proceedings, and deal with the recom- mendations of the Conciliation Off- cer. He also quoted a resolution of the B.C. Federation of Labour, which asked for the right to dispense with Conciliation Boards. He ignored the fact that in both instances each group asked for the right to consider speci- fj¢ recommendations on the part of the Conciliation Officer. The demand arose because of the obvious incom- petence of Conciliation Board Chair- men. This new procedure, made possible under the Act, presents an eventual- ity which the union must prepare to meet, if it becomes necessary. Cer- tainly, it will call for highly efficient job organization, and unshakable membership solidarity. The opportunity provided the em- ployers to change the rates and con- ditions, earlier than before, was de- fended by the Minister as being similat to provisions in the Ontario Act. It was pointed out, and ignored, that in all provinces a reasonable period is stipulated for the negoti- ation of a settlement before such moves are permitted. Vote on Any Offer _A second amendment enables the Minister to order and conduct a mem- bership vote on any offer from any source during a strike, provided only that it is made to appear as an offer on behalf of the employees or the employers. It is an obvious strike- breaking device, which has been re- quested by the employers for years. A similar section appeared in the Act interference with trade union affairs. S now re-enacted, it is worse, for it permits the employers to go direct- ly to the Minister with an offer. It thus enables direct political inter- ference with a strike. The Minister may not only order a membership vote, but he may also determine the arrangements for the vote. The dangers of such a procedure are evident. The offer on which the members are asked to vote may ig- nore the results of all previous bar- gaining. It by-passes the Union’s elected Committees and their. instruc- 42” tions from the membership. It is in- tended to defeat majority decisions and create confusion and distrust. It will undoubtedly be used at the time when a reasonable settlement is about to be realized. It can be used for re- peated tests of membership endurance and determination to win a strike. The Minister’s only explanation was that everyone will welcome the opportunity to end a strike, and that the Union’s members should have the right to vote on any offer. He refused to consider the explanation that all reasonable offers of settle- ment are invariably transmitted to the membership, accompanied by recommendations based on a study of the proposals in light of member- ship requirements. Membership votes conducted by the Union provide for consideration of all the facts as they may affect possibilities of settlement on proper terms. Wage Cuts Possible The new amendment opens the door to wage cuts. When conciliation is brought to a halt abruptly by the procedure mentioned above, the em- ployers may lower wages and nullify contract conditions. The offer made during a strike could be nothing but an increase oyer the lowered rate, but still below the existing scale. The pressure of employer propaganada could be used to create the impres- sion that some actual benefit was being tendered. Other Clauses Protested An order of the Labour Relations Board, which is disobeyed, may be filed with the Supreme Court, and thus made enforceable as an order of Court. Action similar to contempt proceedings is then possible. A second representation vote may be secured when certification is in doubt, under circumstances which may vary from those stated at the time of application. Reference to arbitration may in- clude “any question as to whether any matter is arbitrable”. Any collective agreement in force at the time becomes null and void when certification is granted the newly-certified union Upon failure to name a nominee to a Conciliation Board promptly, the Minister may name the representa- tive, and send the bill to the Union. The Minister is not now required to make a Conciliation Board minor- ity report available to the parties. Within a period of eighteen days, either party to a dispute may change a decision formerly given on the ac- ceptance or rejection of recom- mendations. Every union must furnish its mem- bers with annual audited financial statements in sufficient detail. This does not alter the procedure already followed by the IWA.” The first public library opened in New Westminster on August 15, 1865. DUNCAN BUSINESS GUIDE LOUTET AGENCIES LTD. INSURANCE AND REAL ESTATE Duncan Lake Cowichan J. Lindsay Loutet Gordon R. Loutet 131 Jubilee St. S. Shore Road HANEY BUSINESS GUIDE ESQUIRE MEN’S WEAR (Graham Mowatt) Complete Stock of Work and Dress Clothing “THE STORE WITH THE POPULAR BRANDS” HANEY BRITISH COLUMBIA PORT ALBERNI BUSINESS GUIDE MacGREGOR’S MEN’S WEAR We Can Afford For Everything A Man Wears To Sell The... : * WORK, SPORT -or DRESS * BEST For LESS! (PORT ALBERNI) LTD. “YOUR FAMILY SHOPPING CENTRE” Closed Monday All Day Phone 2600 Hours: 9 - 5:30 wih ee a F. Huppe, H. Sawch HARD- WORKING PEERS of Local 1-71’s Camp Committee at Port McNeil are from left, S. Wooler, A. Nichol, L. Brookes, Bursary Awarded Hould _Barrie N. Hould, 28, of New Glasgow, Nova Scotia, is the reci- pient of the first Imperial Rela- tions Trust bursary to be awarded to a Canadian trade unionist, an- nounced Claude Jodoin, president of the Canadian Labour Con- gress. The Imperial Relations Trust pro- vides travelling scholarships to edu- cators and trade unionists from Com- monwealth countries. Mr. Hould will spend at least six months in Britain, initially attached to the Department of Extra-Mural Studies of the University of London and later travelling around the United Kingdom studying activities, with special emphasis on labour education. The Canadian bursary recipient is member of Local 18, Canadian Brotherhood of Railway, Transport and General Workers, of New -Glas- gow, where he is employed as a CNR clerk-stenographer. He is a chairman of the education committee of his local union and, in previous years, served as vice-president and president. He is first vice-president of .New Glasgow and District Labour Coun- c =a = Mr. Hould is married and his wife is a graduate nurse. They have no children. For the last four years, a British trade unionist has visited Canada un- der the awards of the Imperial Rela- tions Trust. The 1961 British bursary holder is Granville Whitehead, of Oldham, Lancashire, a member of Britain’s Transport and General Workers’ Union. Other U.K. winners were Max Flood, Pat Jones and Rita _| Steven. |'Nuff Said DOUBLE TROUBLE... Two reasons why women don’t wear last year’s dresses: They don’t want to, and they can’t... McGavin s good bread made by UNION Bakers sold by UNION Salesmen Drivers asked for by UNION Customers From Page 1 Trade unionists interested in the legal aspects of the subject are de- bating the following questions. “Does Bill 42 conflict with the Con- stitution of Canada, the British North merica Act?” The political theory embodied in this Act is parliamentary government, and political parties are considered essential to parliamentary government. The argument on this point of law centres around whether civil rights are curtailed to the ex- tent that parliamentary institutions suffer interference. It is contended that Bill 42, in this respect does nothing more or less than hamper the growth of political parties. Individual’s Rights Limited Although trade unions are legal en- tities, they are comprised of indivi- uals. The question is “Does the pro- hibitions placed upon the use of trade union funds infringe upon the rights of individuals to act collectively in political matters?” It has been held y some authorities that every Can- adian citizen has certain fundamental rights which cannot be limited by the provinces. A further constitutional question is “Has the Province the right to place limitations on the political rights of citizens which are not imposed on citizens in other provinces?” The Al- berta Press Bill is a case in point. It was considered unconstitutional on the ground that it prevented citizens of Alberta from getting information about the workings of Government same basis as in other ‘Court Test’ Impossible Conditions Trade unions are now asked to de- clare, through their officers, that no money derived from membership dues will be used for political purposes. The question arises with regard to per capita tax payments made to cen- tral labour bodies. This per capita tax is paid to centres outside the province. The Province cannot deter- mine civil rights outside the province. The Bill has created an impossible situation for some Local Unions who must now either disobey a Constitu- tion or disobey the law, if the word “indirectly” applies. The statutory declarations now re- quired must deal with facts under the terms of the Canada Evidence Act. A statement that the Union will in future comply with the Act is not a fact. It is held that a Notary Public or a Commissioner for Taking Affi- davits cannot legally complete a statutory declaration dealing only with intention. In respect of national and International affiliations, as well as intention, the Act requires the im- possible. It is contended that on these eta the law should be declared inoperative. Attorney-General Bonner has claimed that discussions on these points are just so much “post-ses- sional baffle-gab”. He has evidently forgotten that a number of Social Credit statutes are now in limbo be- cause of misuse of provincial powers. In any event, the legal battle likely to ensue will be followed with close interest by freedom-loving Canadians. crew could attend the meeting. a speaking tour of the larger operations of Local 4 Business Agents, Percy Clements, left, and Eric Marzinzik, Prior to We 2 tothe — crew of the Hillcrest Lumber Company, Mesachie Lake, The pce cooperation by shutting down the operation corly i in the afternoon = that the full IWA REGIONAL SAFETY DIRECTOR, John T. as right, who is curren’ | WA,, eee ee tee Ce Spa Ay. Nandy Bes me 4 ARS