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mm
2.
The
Canadian
Industrial
Disputes
Act
Investigation
Research
Number
Report
April,
Revised
and
April,
National
Conference
1918
Reprinted
1920
Industrial
Board
5
is DUE
book
This
on
the
last date
stamped
below
ED
5508
f.
n
board.
-
Canadian
e
putes
Indus
invocti
act.
Form
L-9-10
^tg.
",.'.
A
"sS"^
Southern Branch
of the
of California
University
Los
Form
L
I
5506
Angeles
THE
CANADIAN
INDUSTRIAL
DISPUTES
INVESTIGATION
ACT
UN]
ntja
LOS
AiNGELES
LIBRARY
Research
Report
April,
Revised
and
April,
Copyright
National
Industrial
1
5
Number
1918
Reprinted
1920
1918
Conference
Beacon
Boston,
5
Street
Mass.
'900
Board
Foreword
of
industrial
such
for
of
length
that
have
the
the
under
in
their
reveal
reactions
social
and
experience
which
operation
practical
to
and
ment
adjust-
America
been
sufficient
time
in
of
a
working
both
importance
those
particularly
laws,
for
legislation
disputes
the
emphasizes
Europe
of
development
rapid
THE
develop
under
them.
The
report
present
the
important
most
Industrial
has
Disputes
been
vears.
in
operation
with
deals
the
of
of
operation
one
of
these
the
Investigation
without
Canadian
statutes,
Act
essential
of
change
which
1907,
for
teen
thir-
The
Industrial
Canadian
Disputes
Act
Investigation
"
^
v
The
1907
does
dealing
with
labor
two
other
later
for
^
Railway
Labour
Act
limited
a
of
between
such
railroad
of
companies
^
these
1906
Conciliation
still
are
In
r^
had
Acts
and
Labour
bitter
a
of
W.
1907
This
prevent
was
a
Act
was
the
since
made,
the
the
could
be
the
request
of
the
other.
In
forming
the
on
of
form
they
National
September
not
failure
strike
result
also
be
succeeded
of
the
of
in
are
that
one
Conference
invitation
of
need
further
Investigation
aroused.
in
1918, but
addition
or
has
contemplated
item
which
of
of
the
met
the
Act
thus
again
1910, and
noted
on
coal
Minister
sentiment
Parliament.
1919,
the
Disputes
of
Industrial
15-20,
King,
changes
some
session
Deputy
alteration
no
the
closed
The
revealed
in
amended
although
should
but
date
strike
bringing
much
until
public hardship
of the
existing Conciliation
Industrial
direct
latter
approaching
It
Alberta.
The
this
legislation,and
of
Conciliation
consent
prolonged
Mackenzie
L.
developed.
to
and
settlement,
a
Act
Where
employees.
of 1906, in which
Act
of
to
respect
labor
disputes
consolidated,
were
Lethbridge,
Hon.
Labour,
about
two
The
Minister
with
in
Labour
was
use
operative.
1906
mines
^
of
a
its
the
to
their
and
dispute.
a
boards
and
way
custom,
but
compulsion
conciliation
force.
That
England.
and
provided
to
gave
ment
supple-
a
general
a
as
of
parties
Board
dispute arose,
a
of
appointed by the Minister
either
of the parties, without
*
first
Labour
1903,
power
establishment
the
the
of
in
arbitration,
or
as
still in
are
districts
of
of
action
Disputes
which
operation,
mediation
voluntary
to
enacted
was
for
law
Canadian
followed
1900
Department
a
machinery
!
in
long
created
left
of
of
of
both
law, in the coal-mining
as
Act
A
laws
Act
usages
but
disputes,
Conciliation
certain
whole
of
Act
Investigation
Disputes
the
embody
not
to
The
Industrial
Canadian
been
at
the
agenda
at
Ottawa
Government
of
of
"
Canada
desirability of
labour
of
laws
of
Consideration
was,
unifying
the
question of
the
Dominion
Parliament
existing
the
co-ordinating
and
of
and
the
the
vincial
pro-
labour
of any new
and the consideration
legislatures,
laws which
deemed
this subject the
are
necessary." On
Conference
resolution
unanimously
mending
recoma
adopted
the appointment of a board
to
study and report
uniformity
provinces.
on
the
While
the
in
of
laws
Canadian
the
Dominion
the
and
Industrial
Disputes Investigation
of 1907
Act
applies specificallyonly to transportation
companies, other public utilities and mines, it may also be
for settlement
invoked
industries
of disputes in other
on
application of both parties to a dispute, that is, by
mutual
industries
During the war,
ing
supplyagreement.
materials
the action
of the
were
war
brought under
provisions previously applying only to transportation
The
companies, other public utilities and mines.
cipal
prinof
the
follows:
Act are
as
provisions
applicationin
On
in
industry covered
an
Minister
of Labour
Reference
the
a
interest
pecuniary
prevent
the Act
of
by
a
in
both
may
setting forth
affected, an
an
cause,
for
either
a
the
the
an
knowledge
Minister
and
of
to
of
Minister
Board.
a
be
in
made
writing
must
accompanied by a
the dispute, its
to
parties
must
be
of
the
the efforts
adjustment
by the
visions
pro-
Board
both
or
by
number
that
a
have
statutory
of persons
been
the
a
dispute
Board,
to
reference
or
the
belief of the declarant,
a
best
made
declaration
that
thereof
whether
to
all other
case
appoint
by the parties to adjust it,and
"failing
a
requirements
do
is expressly
so
No
having
person
be apdispute may
pointed.
where
estimate
of
account
the
of
the
nominations,
select and
Act, the
Board
a
as
governing applications
application for a Board
to the dispute,and
party
and
the
but
the
meets
deadlock, in
complied with,
on
parties fail to agree
statement
nature
a
been
of Labour
An
of 1918.
in the Amendment
To
the
judgment
the
direct
have
of
dispute
a
and
party
of
Minister
Labour
The
two.
freedom
certain
to
of each
nominee
one
application falls under and
law, and his right to
of
affirmed
a
by either party
by the provisions of
required to appoint
by the
selected
has exercised
not
is
consistingof
chairman
or
form
due
of
lockout
or
strike
will
be
applicationis
of
such
where
lockout
than
more
the
province
one
of
a
authorized
between
to
employers
by the chairman
such
or
a
are
mittee
com-
putes
negotiations in disand
employees
and
so
declaration
statutory
a
setting forth
that, failing
Board,
a
general
by the
adjustment of the dispute
to
in
president and
committee
the Minister
employees
employees
having
to
obtained;
been
such
on
carry
recognized by the employer,
of
has
and
Union
Trade
proposed
authority
necessary
strike
or
hours
or
dispute directly affects
a
members
in wages
that
the
in consequence
employer
an
change
employer)
declare
or
by
made
intended
an
by said
(except where
declared, and
the reference
or
secretary
thereof
an
by
the best of the knowledge
to
belief of the declarants, a strike will be declared,
and
that
between
committee
the
efforts
obtain
to
securing
is
reasonable
no
of
hope
negotiations."
by further
settlement
a
have
satisfactorysettlement
there
all
that
employer,
the
and
a
that
failed, and
the subject of negotiations
been
the dispute has
expresslyprovides that applicationsfor Boards
of Reference
be made
by Trade Unions, and specifies
may
in which
such applications shall be legally
the manner
The
Act
presented.
The
requires that
Act
"Employers
notice
thirty days
conditions
or
of
hours,
referred
the
employment
or
any
of
with
violation
other
the
same
.
nor
of
hours."
provided that
either party
for the
Act
given
conditions
party
shall be
such
.
finally
parties
.
penaltiesas
pose
pur-
of
.
.
for
imposed
are
used
.
a
of the preceding section."
"Where
occurred, and
it
wages
conditions
and
wages
provision of this
delay
of 1918
the Amendment
reason
to
respect
it is also
affairs through
By
of the
alter the
unjustly maintaining
to
affecting
to
dispute has been
a
If in the opinion of the Board
"
liable
shall
affected
employees
this connection
this
respect
where
case
by the Board, neither
employment
In
change
with
least
at
Board, until the dispute has been
a
with
dealt
intended
an
in every
and
to
of
give
shall
employees
and
seems
in any
industry
it
a
strike
in the public interest
to
the Minister
5
provided
was
or
or
lockout
for any
expedient, the
has
other
Minis-
that
ter,
the application of any
on
of the mayor,
or
reeve,
of his
officer thereof,or
head
municipality interested,
other
or
head
officer,or
motion
own
acting
without
may,
application of either of the parties to the dispute, strike
or
lockout, whether
or
employees
constitute
a
lockout,
or
in any
expedient, either with
interested
any
Council
or
person
in
as
persons
provisions
the
under
circumstances
or
be
to
as
application in that behalf,
be made
to
inquiries he thinks
any
and
matters,
calculated
to
promote
the officers
and
industrial
secure
favourable
conditions
fit
such
cause
may
by his department
taken
seem
it expedient, may,
he deems
any
industrial
regarding
to
Governor
the
to
matters
any
without
or
cause
or
thereof
him
to
seems
or
application from
an
some
strike
or
inquire into the dispute, strike
to
Minister, where
either upon
and
Investigation
if it
case,
of
employers,
more
and
without
or
into
or
or
therewith.
"The
steps
such
employers
more
dispute,
commissioners
or
lockout,
connected
make
of any
the appointment
of the Inquiries Act
or
one
recommend
party,
commissioner
or
of Conciliation
in respect
may
one
of
in the employ
Board
this Act
under
it involves
peace
settlement
to
of disputes."
The
of Reference
fullyinvestigates the dispute,
and no
before or during
legally occur
or
may
such
to
investigation. Boards
are
given power
summon
oaths, and to compel witnesses to
witnesses, administer
in the same
books
and other evidence
testifyand produce
Board
strike
manner
as
lockout
of record
courts
If settlement
the
during
of
of
drawn
is
arrived
not
to
Labour,
a
setting forth
distribute
a
means
Parliament
and
to
the
and
the
a
brief
If settlement
is
Board
the
quired
re-
Minister
of
to
report
details of its investigationand
settlement
of
the
to
any
dispute. The
Registrar and copies are
partiesand
The
apply for them.
he
as
copies in such manner
of securing compliance with
addition
parties
signed by the
reference, the
which
In
a
by the
Board,
of Labour.
is filed in the office of the
Canada
as
the
for
free of charge
sent
the
to
Board
full written
its recommendation
report
by
the
the Minister
during
at
make
its reference
up
parties is filed with
cases.
dispute is reached
a
course
memorandum
in civil
to
public, a
Minister
considers
of the
desirable,
mendation.
recom-
information
report
in
also
may
the Board's
this, for the
copy
newspapers
must
of
be
in
included
Labour
If
of
a
delay in the Labour
without
published
the
the
to
Governor
recommendation
the
Board
to
or
Department
of
Board
of the
the Chairman
cause
may
the
reconvene
the
arise
of Labour
Minister
be
concerning the interpretation
drawn
agreement
up by the Board,
shall
question
a
of
report
General.
annual
and
Gazette*
and
make
report
a
the
on
question.
It
be
cannot
is
1907
not
undertook
farther
to
which
that
strikes
who
and
arose,
"In
report
was
leading
one
nearly
from
each
settlers
Meanwhile,
We
their homes.
they
and
could
us
nearly
seek
to
two
get
from
Parliament
which
investigation,
expense
witnesses,
summon
documents,
give
to
to
might
evidence
be
compulsory
including
suffering.
we
laid
to
of the
the machinery
investigator, to
own
the
under
is the
investigation
feature of
penaltieswhich
the
at
power
production
of
oath, and
to
of
injustices under
This
made
of compulsory
fullest possible kind
any
we
days
two
strikes which
compel
to
take
the public the
of its case,
its
Had
a
compulsory
in
powers
with
choose
of it, to
do.
to
this experience,
labour,
to
of the State, and
back
State
meant
of
was
experiences in other
similar
and
It
week
that of
upon.
effected
weeks.
the
get
than
other
powers
have
the
freezing in
were
fall back
to
to
prepared
were
powers
legislation providing
took
trying
others
no
in
to
adoption of the
nearly another
spent
had
investigation,we
for the
demand
referred
what
voluntary conciliator
what
the
the
to
week
a
We
parties together.
had
on
of its authors, said:
one
spent
finding out
of which
dispute in Alberta
the
we
step
1906,
engaged in the settlement
was
out
(i.e.,the
Act),
of
Act
founded.
who
official,
Alberta
a
principleof voluntary adjustment
was
Canadian
of the
law
law
the Act
compulsion
Labour
and
of
the Act
While
law.
of
element
Conciliation
the
alter the
not
A
the
carry
than
it did
arbitration
compulsory
a
that
strongly emphasized
too
a
view
it
which
really important
the
strikes and
Act,
not
the
lockouts."
pursuit of this aim, and to avoid difficulties involved
in compulsory arbitration,the machinery was
changed to
of
Conciliation
and
consist of Boards
Investigation and,
do all in their
of
these
Boards
it
the
to
duty
was
although
In
*An
Labour
amendment
Gazette
to
the
publishes
a
Act
summary
declares
that
this requirement
of the report.
7
is
met
it the
of
conciliations,and
effect
to
power
settlement, compulsion
of the Reference
The
is relied
alone
has
Board
parties to the dispute
of
recommendation
the
shall
be
of
made
courts,
in
Board
of
however, have
case
of such
Public
Opinion
after
or
same
a
manner
reference
a
court
as
arbitration
to
application of either
on
in like
hesitated
to
Canadian
manner.
regard
agreement
an
before
record, the recommendation
rule of the
a
the finding
to
power
the
in
of
case
court
a
effective.
both
recommendation,
in writing to be bound
by the
shall be enforceable
and
tory
investiga-
and
agree
the
in the
bound
order
party,
of
settlements
make
to
on
its report
made
partiesare
their
to
only provision giving mandatory
is that if,at any
Board
time
a
of
on
restricted
was
the
recommendations
Compliance with
is optional; the weight of public
Boards
function.
opinion
offer recommendations
to
tion
recommenda-
a
constituting a
as
rule
court.
Backbone
the
of
Act
the
The
that the Canadian
commonly
accepted statement
Industrial Disputes Investigation Act of 1907 was
based
labor
Australian
on
legislationis historicallyincorrect,
and
tends
to
give a mistaken
conception of its nature.
Indeed, this
in the
of
development
compulsion,
as
far
as
based
appeal
to
Hon.
an
of
theory
findings, being based
been
fair and
a
informed
have
in
who
thus
be
of
to
of
the
the
a
Act
bear
to
the
to
yield
of
the
the
have
to
or
his
no
of
the
putants
dis-
attitude
will
accept
the
rather
than
might
Board;
matter
an
which
matters
either
which
of the
findings, however,
the
point and
a
Board,
view
advantage
on
for the
Board's
is presumed
in
public opinion
sustain
apparent
is that
that
and
unreasonable
induced
face
of Labour
Minister
what
on
dispute,
is
influence
dian
the Cana-
toward
will bring
impartial investigation,
recommendations
the
the
public opinion
been
without
avoids
legislation,
possible, and instead is frankly
the power
of public opinion.
Acland, Deputy
of Canada, says:
"The
been
the Australian
F. A.
Dominion
not
hostile attitude
a
Act, which, unlike
on
has
view
erroneous
fly in
be
pected
ex-
acceptance
how
necessity, is
urgent
not
legally
compulsory."
The
exhaust
text
of the
Act
either the scope
is
brief,and
makes
of its provisions
or
no
effort
to
the details of
their
application.
it gave
in
sentiment
the
In
which
rise,and
which
it
which
with
accord
important litigationto
while the general
occurred
first
stillactive, the decision of the Court
it
and
be expected
cannot
little difficulties
which
to
at
be
may
ficial,
bene-
and
cover
was
these words:
contains
legislationis tentative, broad
"The
the
formulated
was
all
once
imagined
to
arise."
therefore,
Much,
left
was
be
to
determined
by
partmental
de-
decisions.
Interpretations
Administrative
is responsible for the
Labour, who
the stand
of the Act, thus far has taken
of
Minister
The
administration
penalty provided for strikes or lockouts prior to
investigationswill be imposed only where prosecution is
the other of the disputants. As
initiated
a
or
by one
of fact, although there have been many
"illegal"
matter
became
strikes since the x^ct
effective,the penalty seldom
This fact has led to the rather hasty
has been imposed.
States
that the compulsory
assumption in the United
the
that
feature of the Act
the
is
Canadian
"The
illegalstrikes,and
of such
compulsory
While
law
is the
has failed
as
this is
to
a
a
the
of
one
of
subject declares:
compulsory
one
provided for the calling
essential
the
extent
it is in this very
Yet
is
Act
penalties are
mainly because
which
the author
Thus
widely circulated studies of
most
reflect
failure.
a
to
of any
test
it is enforced.
which
that
important aspect
the Act
compulsory measure."
true, it fails correctlyto
extent
some
of the Canadian
Act,
spirit and intention
be interpreted in the light of its original
should
the
purpose.
"The
stress
on
has
.
King has
L. Mackenzie
W.
Hon.
.
.
has
Government
the
penalty
always
laid
never
of it.
end
been
said:
treated
The
particular
penalty part
much
in
the
same
light as penalty for trespass."
Examination
Act
as
do
the other
penalty
was
they
hand,
reveals
rest
one
imposed
for such
reasons
exists in Canada
discussions
On
of the
on
at
is
that
the failure
opposition
Q
the
only in theoretical
to
impose penalties.
least of the instances
prominent
to
among
the
in which
sources
a
of
This
discontent.
Mine
United
One
a
effort
no
for
men
has
been
basis of its failure
of its
to
Canada
allows
of
is the
to
have
grant
refused in
been
Amendment
of 1918, however,
this
authority on
the
of
confirmation
The
a
several
of his actual
Boards
a
of
grievance.
expressly conferring
is in the
nature
ing
strikes involv-
In
practice.
where
unions
several
or
much
number
real
a
of Labour
Minister
employers
understandin
mis-
a
refuse
or
felt that they had
the workers
where
the
on
the part of organized labor
it
of the discretion which
of Labour
Investigation. Boards
cases
States
responsiblefor
be
to
made
use
the Minister
to
therefore,
justified,
seems
in the United
procedure which appears
the opposition to the Act on
in
illegallockout, and
fined
inciting strikes,
penalize a large body of
an
conclusion
A
of
strike relief to
paying
impose penalties,arise from
spiritand intention.
to
the
for
been
of the Act
criticisms
for
fined
made
The
striking.
that
been
of
agent
an
the law.
violated
officials have
union
which
for
fined
had
has
in
case
was
who
employer
few
but
Workers
members
union
a
was
these
single representative,
has declined to appoint
the Minister of Labour
A strike involving many
Board.
companies is regarded
a
of
Labour
as
a
by the Minister
dispute for each
separate
employers
unions
or
could
not
on
agree
a
interests
the various
on
a
and, where
agree
is
Board
single nomination, although one
appointed to
that
considered
the
whole
it
is
trouble,
legally
investigate
company
there
are
as
Boards
separate
many
there
as
pendent
inde-
are
employers.*
instance
instructive
An
dispute in
1915.
the Trades
and
Toronto
in
Labour
of that
The
as
asbestos
Canada,
and
was
a
in
of the
mines
discussed
were
case
Congress
chairman
five
are
mines
through
a
After
at
which
met
at
factor
in
the
callingfor
tion
abroga-
described
Congress
in
letter from
which
meet
they
this
controlling the
the
Board
they
Department
were
employed
10
is
being
made
Industrial
informed
were
the
difficulty
miners
the
under
Investigation Act,
a
to
companies
of Thetford.
application for
Disputes
*An
amendment
Parliament.
of
Thetford
follows:
"There
an
Congress
September, 1916,
of the Act.
of the
facts in this
The
subsequent action
the situation
is that
that
came
prepared
the
dustry
in-
under
for
presentation
to
Disputes Investigation Act,
Industrial
the
it would
be
strike.
The
criminal
a
letter
slightestdoubt
the
be
that
attitude
the
further
in
with
complying
Department
switches
and
agree
could
The
points
however,
that
out
there
are
employed,
were
of the mines
Board
Investigation
the
Thetford in
at
Board
a
any
than
Act,
could
not
under
the
Board
a
of
who
Labour,
present
was
at
the
reply said:
in
the
"There
were
request
to
the
that
where
does
a
refuse
would
I
and
application
several
in Cobalt
was
deal
by
forty-two
were
grant
the
I hold
agreeing.
not
there
a
when
conditions
the
to
employers
to
with
made.
was
itself
where
refused
made
to
Board
a
lend
not
are
case
companies
five companies
appoint
Act
there
had
We
taking
of
be appointed."
not
Minister
Congress,
from
interests, other
owners
Disputes
declared.
was
controlling the mines
the
violations
by the Minister
representative for the
a
upon
Industrial
the provisions
Suddenly,
applicants for
the
the
the Thetford
to
strike
a
own
Law.
that, because
and
their
the
five companies
which
if
on
not
was
that
was
out
go
penalties for
prevented
were
men
action
there
assumed
was
to
applying
the inference
rigidly enforced
would
While
Labour,
that
the Act
dealing with
Act
their part
on
stated
to
as
mines, and
of
act
that
and
when
Board
union.
miners'
I
today."
"
the
had
legal
delegate then inquired if the men
right to strike after a Board had been refused because the
mines
could not
five companies at Thetford
a
upon
agree
Minister
that the men
answered
representative." The
could
to
not
legally strike, but were
compelled to resort
for
the
the provisionsof the Act and apply
appointment of
A
a
Board
the
asked
each
Minister
of
group
the
if
each
a
mine
if
replied
that
such
because
This, then, appears
Department of Labour, and
arisen.
operates
During
the
to
their
this
same
Minister
"At
local
a
be
to
a
which
one
been
they
had
delegate
granted
applied
would
he
had
situation
not
not
ruling of the
fixed
the workers
believe
disadvantage.
discussion
of Labour
Thetford
union
have
would
in each
Minister
question,
Another
company.
Board
employees
The
separately.
answer
with
deal
to
being
mines
of the Thetford
mines
said:
there
were
before
there
11
two
the
unions, the
local
ot
the
pute,
dis-
of Miners.
Federation
Western
I have
refused
...
appoint
to
unions
before
Boards
quarrelling
should
when
there
themselves
among
two
were
what
to
as
be done."
Although
to previous practice,in at least two
contrary
notable instances it appears
to be the latest ruling of the
will not
be appointed
that Boards
Department of Labour
where
unions
two
each
other.
and
exist unless
with
they are in agreement
of these rulings are
trative
purely adminisarise directlv from the provisionsof the
Both
do
not
Act.
Operation
Act
of
Difficulties
"
Objections
and
The
operation of the Act has shown that the opinion of
the chairman
usually controls the finding of the Board.
This arises naturally from the fact that employers and
employees each select a representativefavorable to their
to pass
respectivecause, and it has gradually come
that,in
almost
all cases, these two
of the Board
members
disagree
the decision
and
it has
with
rests
the chairman.
this
On
count
ac-
been
portant
suggested that, in the case of imdisputesinvolvinglargepublic issues,the position
of the
even
chairman
be
Minister
of Labour
believed
that
to
use
Carl
H.
where
side, the
one
of his
Mote, in
a
of
opinion
would
is
in
put
minority report.
a
volume,
is
futile
to
where
cases
able
distinctlyfavorthe other
that
says
avert
is
ticularly
par-
divided
a
Mr.
even
strike,
a
there
makes
port
re-
investigatingcommittee."
an
operation of the
fact that Boards
are
particularlywhen
chairmen
the report
recent
in those
procedure.
constituted
so
representativeof
legal right to
"public
The
Board
a
public confidence.
instances
some
of
decisions
inspiregreater
In
strengthened by appointment by the
outside representatives. It is
of three
further
has
Act
developed the
least formal,and
successful when
most
least
legalisticin their attitude and
of which prominent juristshave been
of securing
notably failed. The difficulty
Boards
have
is
acceptable chairmen
in his investigationfor
working of the Canadian
"The
very
the
Act,
tendency is
repeatedly
so
Dr.
great.
U. S. Bureau
to
that
several
same
Boards
S.
of Labor
says:
select the
12
Victor
Board
have
bers
mem-
been
Clark,
of the
identical
in different disputes, and
chairman
one
has
professor of economics
served
acceptably
a
"
"
on
of the twenty-eight Boards
eleven
established.
judge
A
...
after
the
takes
testimony according
enforces
fashion
by
experience
stenographic
insolvable
chairman
proceedings,
leaves
the
his
up
far
so
parties
at
than
at
issues
as
the
the
into
as
"The
report,
same
quotes
important
most
is often
work
parties individually and
understanding
to
experienced
an
follows:
of regular sessions of the Board.
that
leave
insist that
We
dais,
a
difficulties."
Clark, in the
different
Board
a
checks
crystallizes tentative
and
been
legal rules of evidence,
to
goes,
have
on
their negotiations farther apart
beginning,
Board
it up
legal technicalities,
and
Canadian
of
that
organizes
sets
court,
a
witnesses
end
Dr.
of
who
We
way.
important
We
to
get
matters
side
out-
the
the
to
to
the
mutual
a
allow
never
they themselves
done
talk
shall agree
putants
dis-
Board.
main
on
points."
The
ment
informalityof procedure is furthered by the Amendof 1918, which provides that the Minister of Labour,
at
introduce
matters
stage of the proceedings, may
any
other than those appearing in the application and statement,
in order
that the
if,in his opinion, it is necessary
Board
deal
with the dispute.
satisfactorily
may
Yet
another
of
source
of the
operation
Act, and
but apparently contrary
in the appointment
occur
the
to
"shall, within
fifteen
application is
the
under
of
his hand
and
Act
Of
this number
may
that
says
between
the
Board;
in 21
cases,
31
date
which
on
such
and
made,
only
between
March
ended
60
Board
the
46
the
31
days.
13
and
31, 1916, 191
169
lished.
estab-
were
established
were
between
application and
and
the
apply."
In 14 cases,
days.
from
seal of office,if satisfied that
the
16
The
received, establish
nine-year period
applicationsfor Boards
were
between
Board.
a
days
provisions of this Act
the 15
them, is the delay which
of Labour
Minister
For
difficultythat has arisen in the
not
directlyfrom its provisions,
and
61
days elapsed
establishment
46
within
days; in
of
66
the
cases,
of the
this phase of the administration
on
Commenting
railway union, referring
Act, an officer of an international
strike,is reported to have said:
to a specific
"Our
case
October
contracts
3d
and
20th,
one-half
and
of
December
met
December
given
two
revision
a
months
strike."
a
whose
Clark, from
Dr.
Board
was
over
company
for
prepare
The
1st.
decision
the
allowing the
to
begun by notice of
was
this
report
is
quotation
taken,
adds:
the
"From
delay
men's
point of view
peculiarly unfortunate,
was
bringing
on
period of
a
as
this particular
financial crisis
a
unemployment
in
occurred
the interim."
The
Act
also
that
states
employers
or
employees shall
intended
change
give at least thirty days notice of an
affectingconditions of employment with respect to wages
or
hours, and provides a penalty for disregard of this
provision. Emphasizing yet further the intention of the
avoid
Act
delay, the clause allowing this period of
to
thirtydays adds:
if in the opinion of the Board
"But
this
uses
purpose
or
of
other
any
to
the
In
is
liable
the
to
party
more
common
without
that
than
notice, and
Board
shall
be
so
reports
guilty of
complaint
an
workmen
among
hours
and
wages
by delays in
followed
are
for the
condition
penalties,"etc.
same
spiteof this provision no
Act
given
a
the
delay, and
Minister, such
offense and
provision of this
unjustly maintaining
of affairs through
either party
changed
appointment
are
of Boards.
Recent
experience
reflected in the amendments
One
of these
of
a
the
under
that
seeks
amendments
minority of members
minority of workmen
from making an
are
in
law
now
to
a
affected where
applicationfor
undoubtedly is
being proposed.*
the possibility
prevent
Trade
Union, or a
they
a
are
not
ized,
organ-
Board.
would
it impossible
make
proposed amendment
for an
unlawful
organization to claim protection under
within
the
Union
the Act by contending that it is a Trade
meaning of the Act.
Another
*April 30, 1920.
14
that in the first year
of the operafigures show
tion
of the Act only three applicationsfor Boards
were
fused,
re-
These
in the
the fourth
year
that in the
shows
failures each
had
in
two, in the third year
one,
fifth
five.
The table also
five,in the
year
second
disputes for
fifth years
and
avert
end
or
That
is
failures each
to
Board
a
1910
and
1911
effect settlements
to
in
had
Boards
eleven
fifteen of the Boards
and
four
were
after
in
say,
year
there
strike
a
applications for
period 1909-1912
which
for the
and
refused
were
to
year
nine
were
made,
fourth
appointed.
been
there
year
been
applications
granted failed
to
of
sharp decline in number
disputes. The
in
after
this large
1912, immediately
applicationsbegan
the
settle
of failures.
number
that
It should
be noted
was
period 1909-1912
labor organizations were
the
in this connection
in which
one
the
national
inter-
pressing for control of
It was
also a period of great
organized labor in Canada.
of
industrial activity. The
subsequent slowing down
dustries
inwork, coupled with the shiftingof labor to munitions
after the
of
outbreak
the
of
from
It is also apparent
of the disputesreferred to
averted
to
to
from
reports of
of Canada, make
lockouts
made
was
The
report
entire
March
under
United
78%.
to
Labour
outs
lock-
or
no
this
These
Bureau
of
to
a
Board
of Labor
application
tion.
Investiga-
no
of
Statistics,in
published September, 1917, covering almost
period of ten years of the operation of the Act,
22, 1907,
to
December
31, 1916,
resultingin strikes and
of the Act.
jurisdiction
in these
The
lockouts
number
disputes was
and
states
that 222
occurred
of
the
the strikes and
period in which
for
figures,
Department
reference
the Act
States
strikes
indicatingfailure on the
situation, the proportion of
the
occurring during
were
applicationsrefused
also
as
successful conciliations is reduced
Dominion
lockouts
or
in which
cases
the
meet
of
number
prevented,
of the Act
taken
duction
intro-
figures that in 88%
Boards, strikes
of
the number
not
were
the above
If the
ended.
or
is added
part
the
explain in considerable
patrioticinfluences,
may
off
in
falling
applications.
the
part
with
war,
a
the
from
putes
dis-
within
the
employees affected
the time
lost 4,838,647
100,608
working days. In 44 of these, involving44,086 employees
and a time loss of 3,665,969 working days, applicationwas
for
under
the Act.
InvestigatingBoards
the disputes the strike or lockout
did not
occur
made
its investigation
and report, while
a Board
made
16
In
18
of
until after
204
strikes
action, and were
178
thus
the Act; of this latter number,
illegalunder
strikes
lockouts
or
involving 56,522 employees and a
either
instituted without
time loss of 1,172,678 days were
either before
occurred
the
to
party
The
Board
dispute making applicationfor
applications for
of
number
than
in other
Board.
a
.
the
under
Boards
voluntary applicationfor
public service industries and mines,
which
section of the Act
Boards
pending
or
allows
of public confidence in the
regarded as a measure
strikes and
691
Act.
According to the same
report,
lockouts, affecting149,812 employees with a time loss of
in the period March
22,
3,254,332 working days, occurred
under
1907, to December
31, 1916, in industries falling
Of this number, in only 26, or
this section of the Act.
about 4%, were
applicationsmade for a Board, and in only
Boards
12 of these, affecting5,534 employees, were
stituted.
conbe
may
is
That
to
about
voluntarily invoked, only
referred to
occurring were
Reviewing
the Act
where
say,
of
\$i%
to
be
disputes
the
Boards.
operation of the
the
left
was
Act
thus
as
outlined,
actually
constituted they have been reasonably successful in ending
Sir George Askwith,
or
averting strikes or lockouts.
it would
appear
who
sent
that
where
have
Boards
been
in 1912
by the British Government
the workings of the Act, reached
was
to
vestigate
in-
the following
conclusions:
it
"Where
frankly adopted
was
preventing disputes, it has
but
for
where
which
only be
can
been
resented, it has
extent.
such
In
have
the results have
not
at, its introduction
where, by
been
been
others
and
apparent
succeeded
not
cases
efforts
penalties,
made
to
the
to
the
has
same
imposition of
enforce
the Act,
satisfactory."
compiled, the statistics
foregoing figures were
strikes for 1917 have been published by the Department
the
Since
of
guessed
of
means
a
extremely well,
worked
some
reasons,
as
These appear
at
who
first glance greatly to strengthen the positionof those
industrial peace.
that the Act has failed to promote
assert
of Labour
A
a
closer
more
The
7
for the
were
Dominion
analysisof
these
liberal estimate
number
carried
1917
strikes,however, confirms
of the Act.
of the usefulness
of strikes
over
of Canada.
from
originatingin
1917
1916, making
17
a
was
141, and
total of
148.
the
following table shows
of workers
number
involved, and
number
of
the time
lost for
The
strikes, the
series
a
of years.
Of
strikes in 1917
the 148
89,
60%,
or
between
parties;
the
13,
about
or
mediation
by direct negotiations
settled
were
9%,
settled
were
agencies other
than
by conciliation
provided by
those
or
the
Act;
11,
or
without
appealing
2.7%,
4, or
the
mining
Act.
On
time
loss of
7,475
of the
settled by Boards.
workers
The
mines.
coke
oven
with
struck,
a
trict,
disApril 1st, in the same
and
the
strike
did
not
struck,
the Dominion
of Coal
time
and
On
July 3, when
Director
a
miners
Columbia
British
and
42,000 days.
mine
until
appointed
to
were
16, 5,870 coal
January
terminate
arbitration
most
in Alberta
workers
by
settled
were
the provisions of the Act;
in
serious strikes of the year occurred
thus direct violations of the
industry,and were
of the
Two
7%,
about
Government
Operations
loss involved
to
take
control
in this strike
was
512,075 days.
This
to
appears
it should
be
noted
occurred
in the
Workers
have
Act
almost
148
strikes
than
be
the greater
that
part
that
Nevertheless,
of the
time
the United
mining industry, and
the
been among
leading opponents
since its
were
disquietingrecord.
a
The
enactment.
small, about
very
and
43%
Mine
of
involving not
5
the
of the
remainder
lastingless than
loss
more
It thus
days.
workers,
of
in a period of
the
and
under
strain
that,
war,
appears
intense industrial activity,strikes in important industries
of workers
occurred
only in
or
involving large numbers
It
the coal mines, under
leadershiphostile to the Act.
a
100
should
also be
pointed out
Boards
in the
of
month
that
four
January,
18
disputes submitted
1918, included
a
to
very
railroad
important
disastrous
strike
conclusion
was
industrial
toward
Attitude
For
the
two
view
is
ing
force work-
a
peace.
Toward
Labor
of
first
instance
a
of these facts the
the Act
that
warranted
seems
which
in
controversy,
In
averted.
operation of
of the
years
Act
the
the
Act
but
opposition appeared; but from that time to the
has
organized labor unions
present, hostility among
This opposition is most
steadily increased.
outspoken on
the part of the international
labor
organizations. The
of America, at their IndianapolisconUnited
Mine
Workers
vention,
the
endorsed
resolution:
following
January, 1909,
little
"That
had
of like
of
Legislative Board
"That
this Board
bill,
nature
the
to
1916, passed
all in its power
do
of
Brotherhood
the
Disputes Investigation
Industrial
to
resolution:
a
have
of the
President
writing
of the
the
wiped oft* the
Act
the
on
of
Order
American
Conductors
Railway
disgust of, and
designed
the
almost
are
to
the
this
Provisions
at
.
of
an
been
ot
and
they have
disadvantage
demonstrated
time
the
laborers
for
remain
at
toward
has
to
and
this Act)
that
investigation during
work
reinforce
better
he
their
himself
condition
the
which
again (and
attitude
period
of
vided
promust
men
invariably utilized by the
is almost
employer, regardless of the spiritor
to
the
grown
done
themselves.
...
out
employees
scrupulouslyconformed
this Act,
of this demonstration
by
hoods
Brother-
Railway
.
have
immense
It has
.
versal
uni-
be settled
should
only large class
the
Dominion
in the
that
The
thereto.
almost
an
for, legal machinery
contempt
settle troubles
to
parties
who
in breeding
only succeeded
"It
of
ceedings
subject of this Act in the ProSociety of Political Science, in
1917, said:
January,
motive
Loco-
books."
statute
America,
having
said
this side of the line
on
measure
Engineers in November,
The
Canada,
of their powers."
utmost
The
brothers
our
such
any
oppose
delegates from
years' experience with
two
advise
herewith
to
the
we,
almost
letter of the Act,
against efforts of his
and
at
the end
of the
men
period
coolly repudiates the finding of the Commission."
10
to
hand, the Provincial
the other
On
organization of
an
the
with
miners
in Nova
make
it
the
Union
the
a
utterance
At
the convention
of Canada
this
on
"co-operated
employers to
general officers of
its influence."
them
held
the
and
associated
not
with
and
success;
commend
from
Scotia
Government
[the Act]
Association,
organization, has
international
cordially with
Workers'
But
recent
no
subject is available.
of the Trades
Labour
and
Congress
Ottawa
September 17, 1917, feelingran
so
a
high as
spiritedprotest against the
of Labour
the platform of
on
appearance
the convention
the opening day.
of the
The
on
report
Fraternal
the
Delegates appointed by this convention
to
at
to
give rise to
of the Minister
American
of the
speaking
"A
demand
lockouts
a
for
a
out
on
union
the
difficult
rank
opposition
of
work
Buffalo, in
the
bitter
a
strikes
by prohibiting
a
crime
food
it
while
of
an
work,
contract
executive
created
was
hampered
the absence
Government
the
officers unusually
feeling
the
among
workers."
file of
and
to
modifications
international
for
it
prevent
occupations
This, coupled with
law
and
involved
to
work, and making
stop
with
provide its members
strike.
made
seeks
to
to
eight-hour
Act
in certain
right
man's
because
employers and
the
to
This
employees.
and
at
repeal of
the
Disputes Law,
of advantage
the
for
made
was
Industrial
source
Convention
Act, said:
Lemieux
The
of Labor
Federation
the
principlesof
are
desired;
labor
labor
Canadian
the
the
little
express
Act, although
official
attitude
organizations in Canada,
some
of
the
however, is
increasinglyhostile.
The
in
The
of
State
Colorado
has
law
a
principleto the Canadian
American
proceedings
of
1917,
that:
states
of
Federation
the
"Every
organized
Buffalo
of
which
provides for compulsory
in
repeal of the Industrial
strike
20
or
in
rendered
was
Colorado
the
a
not
similar
dis-
Act.
Convention,
secure
the inauguration of
is
Labor, in its report
possible assistance
workers
which
their
November,
the
to
effort
Commission
to
Act,
investigation before
lockout
of the
in that State."
This
statement
of
attitude
be
may
the
the Canadian
taken
it has been
as
of
Federation
American
Act
fairlyindicative of the
as
course
be
not
operation of
administered.
forgotten that
incidents
the i^ct.
Thus, in the opinion of the Fraternal
is made
reference
to
which
in
1912
of the American
Convention
Buffalo
dollars
forty
fined
Provincial
forgottenor
may
be
of
a
of it when
truth
incident
the workers
they accepted
minor
incidents
to
that
say
substantial
of labor
the
in
administration
the
grant
of
influential
are
far from
the
be
not
than
five
six such
or
feeling,if
of
the
to
not
the
on
the
Act
rests.
the
or
that, whether
against workers,
conclusion
enforceable
Act
is felt by them
to
particularlyto
the
and
hamper
limit
use
of
manner
the
its
operations of
of the strike
to
demands.
conclusion
recommendations
Act, 90%
favored
is
of
strengthened by
since
Boards
the
is not,
the
that, of the
of
enactment
a
the
major
of
the
applicationof employees.
therefore, dissatisfaction in general with the
recommendations
organized
the fact
employees and granted
than
90%
Also, more
of their demands.
part
have
been instituted
Boards
It
to
interpreted
So
opposition
to
unions, and
This
same
understanding
their
it would
bitterness
Canada,
existence
very
enforce
The
was
decision.
the
escape
the penaltiesof the Act are
the
never
a
have
to
labor.
claimed
scarcely more
for
reason
It is difficult
the
of
action
by
appears
with
the
that
upon
insignificantevents
not
were
company,
done
was
in accordance
not
manner
these
coal
forgiven by organized
which
Scotia
a
when
incident, constantly quoted by laboring men,
in a coal-mining strike in
decision by a Board
Another
Nova
small
a
This
of
convicted
was
said of the refusal of the Department
mines
in the Thetford
dispute.
Boards
is that
by
the
in Nova
strikingillegallyand
men
each.
but
Court,
been
to
the
to
of Labor,
Scotia
in
Federation
official
single union
a
Delegate
decision
court
a
awarding strike benefits
four miners, employed
part
toward
arising in the
of investigations,while actually of minor
ance,
importof
ever
the
ranks
workers, howcause
great bitterness in
however
trivial and
casually related to the actual
It should
in
Labor
labor's
of
the
on
Boards
opposition. This
21
that
must
can
account
arise
from
for
the
generaloperation of
existence
the
on
who
employees
the Act
books, which
statute
have
applied for
not
the
a
moral
speak of possibleantipathy
the
of
settlement
of the
union
is
employees
leaders, tends
Conference
Industrial
of
passed
Act
in
gaining
representatives of
Canadian
the
National
tions
the recommenda-
considered
Industrial
on
on
"
Relations,
employees of
bodies should
be entitled to the right of
the Industrial
Disputes Act so long as that
under
remains
recommending,
the
upon
Attitude
It is
tion
manipula-
their hold
importance
the
of
which
resolution
a
that
the
weaken
to
Royal Commission
the
all Government
appeal
fact
Committee
the
on
from
disputes apart
noteworthy
a
is the fact
officials,
certain
to
and their relative
the rank and file,
concessions for their followers.
It
deprives striking
of InvestigaBoard
tion,
But
of the community.
haps
persupport
for this opposition, not
fundamental
to
reason
of the
that
the effect of its continued
and
Employers
of
difficult
more
to
of Canada."
books
statute
that
Toward
frank
secure
Act
the
and
definite expressions
This reticence
opinion from employers in Canada.
be partly caused
by a belief that if they express strong
may
the feeling
of
it
such
increase
attitude may
an
approval
of organized labor that the Act operates
in the interest of
the employing class.
of
Murray, Secretary of the Canadian
report by G. M.
in 1909, after two
Manufacturers'
Association, made
years
A
operation
referred
regard
from
derived
benefits
been
Act, is
of the
to
it.
Boards
to
these
Labour
(they might
for there
the
event
the
Act
can
be
were
a
requires such
granted
who
to
trouble
threatened) would
settlement
and
nothing
gain from
secure
well
an
from
to
the
point
a
lockout
or
of
lockouts,
take
place in
before
be
argued
lose and
out
sworn
But
being reached.
statement
a
it may
and
have
not
was
strike
a
all mention
omitted
to
a
Board
that
ployees
em-
thing
possibly some-
investigation, will foment
their union
22
a
snap
to
the
disputes had
49
is careful
that
as
says:
application
effect
none
of
Murray
each
have
time
provisionsof
Department
the
to
that
under
accompanying
statement
all enthusiastic
at
At
Mr.
cases,
"The
that
not
verdict
to
Act.
In
exists
penalty always
attitude
of
restraint
which
as
labor
organized
the
that
indicates
exercises.
from the
Act
arises
the
possibility,and
a
This
entire
it feels the
ever,
restraint, how-
fact of declaring
quite as much
mere
the strike illegalunder
the Act as from the penalty provision.
The Act might be quite as strong if the penalty
provisionwere
repealed. The few cases in which penalties
have
been
imposed are responsible for much
opposition
the Act.
to
(2) The
operation of the Act has
of workers.
inspirecomplete confidence
that
believe
to
the
be
thwarted,
not
technicalities.
Act
it their
reasonable
on
that have
been
Department
where
the
to
referred
under
appoint
Boards
but
by
may
legal
trative
adminis-
spiritof the
majority of the disputes
in the
perhaps
legalistic-
cite the
they
to
led them
rightsor claims
delay which, although contrary
Act, has occurred
from
grounds,
of this
evidence
As
It has
immune
not
was
that under
manipulation, and
signally failed
the
to
it; also the refusal of the
in
a
number
of instances
felt that
they had real grievances, particularly
two
or
more
employers, or two or more
unions
involved in an individual dispute,cannot
on
agree
the
of
As
the
has
Act
a
singlerepresentative.
operation
covered
the international
a
largely
period during which
labor organizations have
been
struggling for a foothold
in Canada,
in sharp opposition to the established
sometimes
much
local trades unions, this ruling has caused
discontent, the workers
feeling that it interferes with
what
they believe to be their right to organize.
men
where
(3) The
be
requirement of the Act
applied for unless one or the
makes
otherwise
is
no
that
have
has
Such
occurred.
declare
a
vote
not
chargeable
that
dispute without
any
and
occur,
doubt
cannot
declaration
statutory
a
is
not
A
a
an
that
other
that
a
some
of
group
strike
will
official
strike
occur
vote
obtained
the
having
forget the authority which
been
men
the
or
as
of their
without
obtained
of
may
not
disputants
lockout
will
advantageously, and
of the illegalstrikes
organized employees
operated
with
Board
a
the
result of
organization.
effort,
considerable
are
but
little inclined
gives them to declare a
It is difficult to see what
strike.
particularstrength this
provision adds to the Act, but it is quite easy to see the
it occasions.
The
which
difficulty
employer in order to
make
for
Board
make
a
must
application
a
statutory
to
24
it
declaration
that,
best of his
the
to
knowledge
belief,
and
lockout, and few employers
such a declaration,
ordinarily willingto make
are
for by so doing they immediately forego the good will and
his firm
will
otherwise
backing
of the
public.
(4) Owing
fact
the
to
declare
irritation
to
incidental
for many
tends
to
and
(5) The
acted
as
a
employees
it has
wholesome
through
in
served
in
and
of the Act
existence
degree
some
particularcases
of industrial
period
to
make
the
on
both
restraint
a
opposition
stronger,
been
generally
themselves.
the workers
to
years,
of
causes
become
have
despite the fact that its operation may
beneficial
further
precedents, and
workers,
is cumulative
administrative
incidental
as
held in memory
are
the Act
that
fixed
rulings tend to become
that, especially among
a
of
on
great
books
has
employers
and
statute
industrial
unrest;
crystallizepublic opinion
to
it effective for maintenance
peace.
when
been
successful
most
(6) Investigations have
introduction
of legal machinery
most
informally conducted;
certain to destroy their usefulness.
is almost
(7) Where
with
no
investigationshave
unfortunate
administrative
irritations,and
tactful,informal
procedure, resultant
been
universally backed
have
and
almost
with
recommendations
by public opinion
accepted by the disputants.
operation has sufficient
public opinion to retain a place on the
for
invite legislative
consideration
to
(8) The Act after thirteen
support
in Canadian
statute
books, and
its
fairlyconducted,
been
improvement, without
years
of
vital alteration.
25
Appendix
Text
Abridged
Canadian
The
of
Investigation
Act
An
Mines
aid
to
chap. 20.
This
1.
22d
Act
be
cited
may
(e) "dispute"
employer
an
affecting or relating
privileges, rights, and
2.
thereof
general
the
nature
(1)
the
(2)
and
or
one
work
more
be
done
allowance
wages
means
dispute
any
to
difference
or
matters
done
price paid
be
to
or
of persons,
sex,
particular
or
person
any
dismissal
persons
of
or
or
person
or
refusal
class
status
or
conditions
and
terms
or
employees,
employment;
qualification
age,
mode,
the
or
of
of
in respect
paid
of children
employment
the
remuneration
other
or
of employment,
hours
the
and
employees,
employment;
class
(4)
VII,
Investigation Act, 1907.
of his
the
any
Disputes
dispute"
of
(3)
Edward
"
the
or
"industrial
or
in
Lockouts
and
(6-7
things
or
employees, as
him
the
them,
to
by
or
or
as
to
or
to
such
duties of employers
(not
employees
involving
or
any
indictable
constitutes
limiting
offence); and, without
as
an
includes
all
of the above
relating
to
matters
definition,
between
violation
Industrial
The
as
Utilities.
Public
1907.)
March,
to
of Strikes
Settlement
and
with
connected
Assented
1907
Act,
Prevention
in the
Industries
and
Disputes
Industrial
persons
to
of
or
employ
of persons;
employee
as
or
any
ence
circumstances, preferbe given to one
should
should
of employment
not
or
of persons
class over
another
being or not being members
of labour
other
subjects or
organizations, British
or
claims
the
on
whether
to
of
part
and,
if
employer
an
what
under
so,
aliens;
(5)
materials
supplied
damage
or
(6)
any
established
in the
(7)
(/)
custom
or
particular district
interpretation of
an
either
usage,
or
suitable,
un-
work;
generally
or
affected;
agreement
or
a
clause
thereof;
of its meaning)
closing
means
a
(without limiting the nature
of
of employment,
suspension
work, or a refusal by an employer
or
a
of a dispute,
of his employees
in consequence
number
to employ
any
in
aid
another
view
employer
to
compelling his employees, or to
a
of
his employees,
employment;
to
terms
accept
"lockout"
of
a
to
continue
done
the
alleged to be bad, unfit
done
been
to
alleged to have
and
place
with
compelling
of its meaning)
(without limiting the nature
the cessation
of work
or
acting in combination,
by a body of employees
means
number
of any
concerted
refusal or
refusal under
understanding
a
common
a
a
of a dispute,
of employees
work
for an
continue
to
employer, in consequence
to
in
aid other
of compelling
their employer,
employees
done
or
to
as
a
means
(g) "strike"
compelling
or
their
"to
go
on
employer,
strike"
to
accept
terms
26
of
employment;
union"
(h) "trade
for the
The
3.
"union"
or
means
Minister
of Labour
organization of employees formed
employers and employees.
any
of regulating relations
purpose
between
the general administration
shall have
of this Act.
ployees,
employer and any of his eman
dispute exists between
any
unable
the parties thereto are
to
adjust it,either of the partiesto
the dispute may
make
applicationto the Minister for the appointment of a
be
the disputemay
of Conciliation
and
Board
Investigation, to which Board
in
the
of
this
referred under the provisions
Act:
case
Provided, however, that,
Wherever
5.
and
of
and its employees, such disputemay
dispute between
railway company
a
of conciliation and
investigation,under the proreferred, for the purpose
visions
Act.
concerning railway disputes in the Conciliation and Labour
a
be
in due form for the
this Act, an
Whenever, under
applicationis made
and
such application
of
of
Conciliation
Board
and Investigation,
appointment
a
of
reference
the prounder
relate
which
is
the
does
subject
not
to
dispute
a
a
visions
Act, the
concerning railway disputes in the Conciliation and Labour
decision for such purpose
shall be final,shall,within fifteen
Minister, whose
the application is received, establish such Board
days from the date at which
and
his hand
seal of office,if satisfied that the provisions of this Act
under
is final,
Board
a
apply. The decision of the Minister as to granting or refusing
review
and not
subject to
by any court.
6.
Every
7.
shall consist of three
Board
members
shall be appointed by
who
the Minister.
Of
2.
the three members
of the Board
the recomshall be appointed on
mendation
of the employees
of the members
one
of the employer and one
the recommendation
on
(the parties to the dispute), and the third on the recommendation
chosen.
so
For
8.
of appointment
the purposes
provisionsshall apply:
Each
1.
within
name
time
the
shown,
grants,
person
to
appointed
shall appoint such
The
be
on
Minister
the
a
shall,as
soon
thereafter
as
members
chosen
on
appoint such
If the
neglect
to
person
a
member
members
duly make
or
of
and
one
who
person
the
fit
be
within
of the parties may,
the recommendation
a
to
Minister
is
shall
of the Board.
chosen
any
possible,appoint
shall be deemed
of the Board;
such member
and
the recommendation
of the said party.
member
five days after their appointment, recommend
the name
of the Board,
willingand ready to act as a third member
4.
application
of making
the
do by the Minister, recommend
of the Board,
ready to act as a member
of the Board.
a member
person
to
so
recommendation
If either of the parties fails or neglects to duly make
any
thereof as the Minister,on
the said period, or such extension
cause
2.
within
3.
at
may,
five days after being requested
of one
is willing and
who
person
the Minister
and
dispute
the
to
party
ing
of the Board, the follow-
of the members
"
on
the
of
recommendation
recommendation
within
the
the
said
partiesfail
period,
or
or
such
shown, grants, the Minister shall, as
of the
be a third member
fit
to
a
person
tion
shall be deemed
the recommendaBoard, and such member
to be appointed on
of the two
of the Board.
other members
extension
thereof
thereafter
soon
5.
The
as
as
the Minister, on
possible, appoint
third member
cause
shall be the Chairman
of the Board.
No person
of a Board who has any
11.
shall act as a member
interest in the issue of a dispute referred to such Board.
27
direct pecuniary
of determining the manner
For the purpose
15.
in which, and the persons
by
whom, an application for the appointment of a Board is to be made, the following
provisions shall apply:
"
1.
application shall be made
The
shall be in substance
existingdispute
(a) A
may
application shall be accompanied
The
2.
in writing in the
setting forth
statement
prescribed form,
to appoint a Board
request to the Minister
be referred under
the provisions of this Act.
a
by
to
which
and
the
"
"
(1) the parties to the dispute;
(2) the
nature
and
cause
of the dispute, including any claims
the other, to
party
upon
demands
made
by either
which
exception is taken;
or
(3)
of the number
of
approximate estimate
likelyto be affected by the dispute;
or
an
persons
affected
(4) the efforts made
dispute;
and
"
(b
"
(b)
A
by 9-10
amended
as
by the parties themselves
Edw.
to
adjust the
VII, chap. 29.)
declaration
setting forth that, failingan adjustment of the
by the Minister to a Board, to the best of the
knowledge and belief of the declarant a lockout or strike will be declared, and
of an
(except where the application is made
by an employer in consequence
intended
hours proposed by the said employer) that the
change in wages
or
authority to declare such lockout or strike has been obtained; or,
necessary
where
than one
dispute directly affects employees in more
a
province and such
of a trade union having a general committee
authorized
employees are members
to
negotiations in disputes between
on
employers and employees and so
carry
recognized by the employer, a statutory declaration by the chairman
or
dent
presiand
of such committee
by the secretary
setting forth that, failing an
adjustment of the dispute or a reference thereof by the Minister to a Board, to
the best of the knowledge and belief of the declarants
a strike will be declared,
that the dispute has been the subject of negotiations between
and
the committee
the employer, that all efforts to obtain
have
satisfactory settlement
failed,
a
and
that there is no
reasonable
by further
hope of securing a settlement
negotiations."
statutory
dispute or
16.
a
The
reference
thereof
application and the declaration
accompanying
it
of a trade union, shall be signed by two
(3) if made
by employees, members
of its officers duly authorized
of the union,
of the members
by a majority vote
or
taken by ballot of the members
of the union present at a meeting
by a vote
called on not less than three days' notice for the purpose
of discussing the question;
of a trade
members
(4) if made
all of whom
by employees, some
not
or
are
union, shall be signed by two of their number
by a majority
duly authorized
taken by ballot of the employees present
vote
at
meeting called on not less
a
than three days' notice for the purpose
of discussing the question.
21.
made
Any
in due
be referred to a Board
dispute may
by applicationin that behalf
form
that no
dispute shall be
by any
provided
thereto;
party
the subject of reference
Board
to
a
employees affected by the dispute are
23.
In every
duty of the Board
case
to
where
endeavor
a
under
fewer
this Act
than
in any
case
in which
the
ten.
dispute is duly referred to a Board it shall be the
to
bring about a settlement of the dispute, and
28
this end the Board
it thinks fit,expeditiously and
as
shall,in such manner
to
affecting the merits thereof
carefully inquire into the dispute and all matters
of such inquiry the Board
thereof.
In the course
and the right settlement
may
all such suggestions and do all such things as it deems
make
right and proper
of the dispute,
settlement
amicable
for inducing the parties to come
to a fair and
reasonable
Board
thinks
for
the
and
the
period
adjourn
proceedings
any
may
of settlement.
allow the parties to agree
terms
to
upon
If
24.
settlement
a
of its reference
course
of the dispute is arrived
the Board, a memorandum
to
by the parties during the
at
shall be
of the settlement
and
signed by the parties,and shall,if the parties so
up by the Board
recommendation
if
made
be
by the Board under section 62
binding
a
as
agree,
thereof with a report upon
the proceedings shall be
of this Act, and
a
copy
drawn
forwarded
If
25.
the Minister.
to
reference
of the dispute is not
shall
Board, the Board
arrived
settlement
a
the
to
make
at
during the
full report
a
course
thereon
of its
to
the
Minister, which report shall set forth the various proceedings and steps taken
of fullyand carefullyascertaining all the facts and
by the Board for the purpose
circumstances, and shall also set forth such facts and circumstances, and its
the Board's
of the dispute and
mendation
recomfindings therefrom, including the cause
stantial
of the dispute according to the merits and subfor the settlement
of
the
case.
justice
28.
Upon receipt of the Board's report the Minister shall forthwith cause
thereof to be sent
the report to be filed in the office of the Registrar and a copy
free of charge to the parties to the dispute, and to the representative of any
who
applies therefor, and the Minister may
published in Canada
newspaper
as
minority report, in such manner
with
the
of
compliance
securing
a
seems
The
Board's
recommendation.
application,supply
Registrar shall, upon
in
other than those mentioned
certified copies for a prescribedfee, to persons
distribute
to
copies of the
him
and
report,
desirable
most
as
a
of any
means
this section.
29.
For
of Parliament
the information
of the
and
Board,
any
Gazette,and
published in the Labour
Department of Labour to the Governor
30.
For
2.
accept,
thinks
56.
of record
Any
public,the
report,
be included
and
report
shall, without
in the
annual
mendation
recom-
delay, be
report
of the
General.
of
all the powers
shall have
of witnesses,of administering
tion
affirmaoath or on solemn
on
affirm in civil matters) and to produce such
to
things as the Board deems requisiteto the
or
of its inquiry the Board
the purpose
before it,and enforcing the attendance
of requiringwitnesses to give evidence
summoning
oaths, and
(ifthey are persons entitled
books, papers or other documents
full investigation of the matters
court
the
and
minority
in civil
of the Board
member
admit
call for such
and
fit,whether
may
administer
evidence
strictlylegalevidence
It shall be unlawful
for any employee
reference of such
to
go
it is inquiring, as
into which
is vested
in any
cases.
on
for any
dispute
to
or
oath, and the Board may
it
good conscience
not.
employer
to
declare
or
cause
a
lockout,
or
of any dispute prior to or during a
Conciliation
and
of
Investigation under
Board
a
prior to or during a reference under the provisions
strike,on
the provisions of this Act,
or
an
in equity and
as
account
Provided
Act:
Labour
and
concerning railway disputes in the Conciliation
of any
that nothing in this Act shall prohibitthe suspension or discontinuance
therein for any cause
constituting
not
industry or of the working of any persons
entered
the parties have
where
also that, except
lockout or strike: Provided
a
shall
be held
this
Act
in
of
this
62
section
under
into an agreement
Act, nothing
from
going
from
employee
lockout,
or
restrain
declaring
a
to
any
employer
any
Board
and
referred
has
which
been
to
a
of
strike
duly
in
dispute
on
respect
any
29
which
dealt with
been
has
dispute which
any
has
section
under
24
or
subject of
the
been
a
concerning railwaydisputes in the Conciliation
25 of this Act,
reference under
and Labour
Act.
in respect
or
the
of
provisions
Employers and employees shall give at least thirty days' notice of an
with respect to wages
change affectingconditions of employment
or
where
hours; and in every case
dispute has been referred to a Board, until
a
the dispute has been finallydealt with by the Board, neither of the parties nor
the employees affected shall alter the conditions of employment
with respect to
of the dispute do or
be concerned
in doing,
or
hours, or on account
wages
of a lockout or strike,or a susdirectly or indirectly,anything in the nature
pension
discontinuance
of employment
or
or
work, but the relationship of
employer and employee shall continue uninterrupted by the dispute, or anything
arisingout of the dispute; but if,in the opinion of the Board, either party uses
this or any other provision of this Act for the purpose
of unjustly maintaining a
given condition of affairs through delay,and the Board so reports to the Minister,
such party shall be guilty of an offence, and liable to the same
penalties as are
imposed for a violation of the next
preceding section.
57.
intended
58.
Any employer declaring or causing a lockout
of this Act shall be liable to a fine of not less than one
than
thousand
one
dollars for each
Any employee
59.
shall be liableto
a
each
of
day
60.
Any
declare
to
part
or
contrary
a fine of
to
not
may
to
be bound
manner
it
be bound
shall be made
be enforceable
by
on
strike.
if the other
and
of record;
of the
to
then
every
in like
agrees
the
manner
recommendation
the application of either party
on
pursuant
agreement
the Registrar, who shall
party
Board,
made
award
an
upon
court
a
shall be forwarded
party,
by the recommendation
a rule of the said court
in like
of
the order
party
one
the other
to
bound
partiesare
as
arbitration
made
communicate
to
day that such employee is on
the provisions of this Act
than fiftydollars,for
more
this Act
be referred under
to
a
party to a dispute which
may
has made
in
time
before
after
the
Board
or
writing, at any
agree
of the
and
recommendation, to be bound
by the recommendation
same
to
nor
exists.
aids in any manner
employer
incites,encourages
or
any
strike
continue
on
to
or
employee
cr
lockout,
a
go
any
the provisions of this Act, shall be guilty of an offence and liable to
less than fiftydollars nor
dollars.
than one
thousand
more
reference
so
to
less than
not
day that such lockout
continue
its report
Board
in the
a
a
Either
62.
Board
to
a
part of
strike contrary
dollars
ten
on
goes
or
hundred
who
person
or
who
fine of
day
the provisions
to
dollars,nor more
contrary
and
shall
manner.
dispute arising in any industry or trade other than
under
the provisions of this Act, and such dispute
threatens to result in a lockout or strike,
has actually resulted in a lockout or
or
aliow such dispute to be
in
strike,either of the parties may
to
writing
agree
under
referred to a Board
of Conciliation
and Investigation, to be constituted
provisions of this Act.
63.
In
such
as
Every
2.
who
in like
be
so
the
the
of
event
be
may
a
included
agreement
to
shall communicate
manner
referred
allow
to
as
provisionsof
reference
allow such
it
to
the dispute
if the industry
this Act.
shall be forwarded
or
to
party, and
be referred to
if such
the other
trade
and
other
to
the Registrar,
party
agrees
Board, the dispute may
within
included
the parties were
a
in any
of 1918 it was
industry a
provided that: Where
other
occurred, and in the public interest or for any
it seems
the Minister
to
expedient, the Minister, on the applicationof
reason
other head officer,or
or
municipality interested,or of the mayor,
reeve,
any
without
of
motion
head
his
application ot
officer thereof, or
acting
own
may,
it involves one
either of the parties to the dispute, strike or lockout, whether
or
employers, constior
more
more
employers or employees in the employ of one
By the Amendment
strike
or
lockout
has
30
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Compensation
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