y.
S. DEPARTMENT
BUREAU
OF
ROYAL
TEXT
OF
DISPUTES
OF
LABOR
LABOR
STATISTICS
MEEKER,
Commissioner
CANADIAN
INDUSTRIAL
ACT
INVESTIGATION
AND
OF INDUSTRIAL
SUMMARY
ANTISTRIKE
PUBLIC
LEGISLATION
UTILITIES
OF
CONCILIATION
AND
RELATING
TO
VARIOUS
WASHESIGTON
PRINTING
GOVERNMENT
1917
C
"m
OFFICE
COUNTRIES
OF
TEXT
CANADIAN
INDUSTRIAL
DISPUTES
INVESTIGATION
ACT
OF
1907.
Dominion
Industrial
AN
ACT
1910.
Disputes Investigation Act, 1907, amended
and
lockouts
in the prevention and settlement
of strikes
wltb
industries connected
public utilities. (6-7 Edward
VJI, chap. HQ, (u amended
by 9-10 Edward
VII, chap. 89.)
in
To
Canada.
of
aid
and
mines
1.'This
Section
act
be
may
cited
as
The
Industrial
Disputes
Sliort title.
Investigation Act, 1907.
Peeliminary.
intbrpketation.
Sec. 2. In this act, unless
the context
the minister
means
(0) "Minister"
(6) "Department"
(c) "Employer"
means
means
Deflnltlons.
otherwise
requires
of labor.
department of labor.
any
person,
"
company,
or
corporation
ten or more
ing
and owning
employing
or
operating any minpersons
of transportation or communication,
or
property, agency
publicservice utility,including, except as hereinafter
provided, railways,
whether
operated by steam, electricity, or other motive
power,
steamships, telegraph and telephone lines,gas, electric light,water
and
works.
power
"Employee"
(d)
means
any
person
employed
by
manual
clerical work
or
any- skilled or unskilled
in any
reward
industry to whteji this act applies.
"
meaijs
(e) " Dispute " or " industrial dispute
any
to do
an
employer
for hire
or
dispute
or
and
of his employees
one
or
more
employer
to matters
or
done
to
or
as
things affecting or relating to work
be done
by him or them, or as to the privileges,rights, and duties
such
violation
of employers
(not involving any
or
employees
indictable
ing
limitthereof as constitutes
ofCence) ; and, without
an
of the above definition, Includes all matters
the general nature
relating to
of employees,
allowance, or other remuneration
(1) The wages,
the price paid or to be paid in respect of employment.
or
(2) The hours of employment, -lex, age, qualification, or status
of employment.
of employees and the mode, terms, and conditions
difference
between
an
"
or
or
of children
or
person
persons
any
to employ
dismissal
of or refusal
any
class cf persons.
or
or
particular person
persons
as
to
the part of an
employer or any employee
on
(4) Claims
circumstances
ployment
what
whether
preference of emand, if so, under
another
class over
should
not be given to one
should
or
of labor or other
tions,
organizaof persons
being or not being members
(3) The
class
of
employment
persons,
British
or
the
subjects, or
aliens.
able,
(5) Materials supplied and alleged to be bad, unfit, or unsuitto work.
been done
alleged to have
or
damage
or
custom
(6) Any established
usage, either generally or in the
particular district afCeeted.
(7) The interpretation of an agreement or a clause thereof.
of its meaning)
(without limiting the nature
or
a
suspension of
of a place of employment,
to
continue
to
employ
an
employer
any
refusal
work, or a
by
of a dispute, done
with
number
of his employees in consequence
employer
a
view
to compelling his employees, or to aid another
of employment.
in compelling his employees, to accept terms
"
(without limiting the nature
{g) " Strike " or " to go on strike
of work
ployees
cessation
the
by a body of emmeans
of its meaning)
refusal, or a refusal
acting in combination, or a concerted
number
of employees to
of any
under
understanding
a
common
(/) "liOckout"
means
continue
a
closing
to
work
for
an
pf^^gflpigrtirYoJS^u^DtBKS^RVIspute,
WH
niniiOTDiAi
YORK STATE SCHOOL ^
Aun
lAunq RELATIONS
done
'
DISPUTES
INDUSTRIAL
CANADIAN
as
ACT.
of compelling their employer, or to aid other
of employment.
compelling their employer, to accept terms
means
a
employees
INVESTIGATION
in
of conciliation
board
and
a
investigation
the provisions of this act.
"
means
an
application for the appointment
(i) "Application
the provisions of this act. '
under
of a board
"
the registrar of boards
of conciliation
means
U) " Registrar
and
investigation under this act.
"
means
prescribed-by thig'act or by any" rules
(fc) " Prescribed
thereunder.
or
regulations made
means
or "union"
aily organization of employees
(t) "Trade-union"
for the purpose
of regulating relations
formed
between
(ft) "Board"
under
established
employers
and
means
employees.
ADMINISTRATION.
Minister
labor.
of
Beglstrar.
Sec.
3. The
minister
of labor shall have
the general administration
of this act.
in council
Sec. 4. The
shall appoint a register of
governor
boards
of conciliation and investigation,who
shall have the powers
and perform the duties prescribed;
2. The
office of registrar may
be held either separately or in
conjunction with any other office in the public service, and in the
if the governor
latter case
the registrar may,
in council thinks fit,
but by reference
to such
be appointed, not by name,
other office,
who
for the time being holds such office,
whereupon the person
or
performs its duties, shall by virtue thereof be the registrar.
Boards
o*
Conciliation
constitution
Applications
for
reference,
of
Investigation.
boards.
an
Seo. 5. Whenever
dispute exists between
employer and
any
of his employees, and the parties thereto are unable
to adjust
it,either of the parties to the dispute may make
application to the
of a board
minister
for the appointment
of conciliation
and Investigatio
to which
be referred
board the dispute may
under the
provisions of this act: Provided, however, That in the case of a
and its employees such dispute
a railway company
dispute between
of conciliation and investigation,
be referred, for the purpose
may
under
the provisions concerning railway disputes in the conciliation
and labor act.
in due
Sec. 6. Whenever,
under
this act, an application is made
form
for the appointment of a board
of conciliation and investigation,
is a
and such application does not relate to a dispute which
any
Appointment
of
and
boards.
reference
under
the provisions concerning
railway
the conciliation
and
labor
act, the minister, whose
fifteen days
decision for such purpose
shall be final,shall,within
the date at which
from
the application is received, establish such
under
his hand
board
if satisfied that the proviand seal of office,
sions
of this act apply.
shall
who
Sec. 7. Every board
shall consist of three members
subject of
disputes in
Membership.
a
be appointed by the minister.
Mode
of
polntment
members.
2. Of the three members
shall be appointed on
of the board
one
tion
of the employer and one on the recommendathe recommendation
of the employees (the parties to the dispute) and the third
of the members
so chosen.
the recommendation
on
of the
of appointment of the members
Seo. 8. For the purposes
apofjjoard the following provisions shall apply:
tion
1. Each
party to the dispute may, at feetime of making applicawithin
five days after being requested so to do hy the
or
is willing and
who
of one person
shall appoint
of the board, and the minister
the
board.
of
such person
member
a
ommendation
2. If either of the parties fails or neglects to duly make
any recas
thereof
such
extension
or
oeriod.
said
within
the
the
minister, recommend
ready to act as a member
name
CANAMAN
ISTDUST-RIAL
DISPUTES
INVESTIGATION
ACT,
5
the minister, on
cause
shown, grants, the minister shall, as soon
thereafter
as
possible, appoint a fit person
to be a member
of the
board, and such member
shall be deemed
to be appointed on
the
recommendation
of the said party.
3. The
members
chosen
on
the recommendation
of the parties
within
five days after their appointment, recommend
may,
the
of one
name
is willing and
who
person
ready to act as a third
member
of the board, and the minister
shall appoint such person
of the board.
a member
4. If the members
chosen
on
the recommendation
of the parties
fail or neglect to duly make
recommendation
within
the said
any
period, or such extension thereof as t"he minister, on cause
shown,
thereafter
grants, the minister shall, as soon
as
possible, appoint
to be a third member
a fit person
of the board, and such
member
to be appointed on the recommendation
shall be deemed
of the two
of the board.
other members
5. The third member
shall be the chairman
of the board.
Sec. 9. As
has
soon
as
been
possible after the full board
Notice
of apappointed
fey the minister, the registrar shall notify the parties of P"'"t"^"tthe names
of the board
of the members
and
the chairman
thereof,
and such notification shall be final and conclusive
for all purposes.
of a board
shall
hold
oflSce from
Sec. 10. Every
member
Term,
the
until the report of the board
time of his appointment
Is signed and
to the minister.
transmitted
shall act as a member
of a board
has
Sec. 11. No person
who
Pecuniary
interest,
Interest
in the issue
of a dispute referred
direct pecuniary
any
to such board.
in the membership
of a board
shall be
Vacancies,
Sec. 12. Every vacancy
in the case
of the original appointmanner
as
ment
supplied in the same
of every
appointed.
person
Oath,
of
the exercise of the functions
Sec. 13. Before
entering upon
shall
of a board, including the chairman,
their office the members
other
or
before
a
justice of the peace
make
oath or affirmation
oath or affirmation, that they
an
authorized
to administer
person
of their
office,
will faithfully and impartially perform the duties
and also that, except in the discharge of their duties, they will
of the evidence
other matter
or
not disclose to any
any
person
brought before the board.
Assistants,
provide the board with a secreSec. 14. The
department may
tary, stenographer,
appears
.sious of this
or
necessary
such
for
clerical
other
the
assistance
efficient carrying
to the
as
out
ister
min-
of the provi-
act.
FOE
PBOCEDUEE
OF
BEFBEBNCE
TO
DISPUTES
BOAKDS.
in which
the manner
of determining
Applications
the purpose
Sec. 15. For
of made, how.
an
application for the appointment
the persons
by whom
is to be made, the following provisions shall apply :
board
In writing in the prescribed
1. The
application shall be made
and
a
and
from
shall
be
in
substance
a
request
the
to
dispute
minister
be
may
existing
which
under
the provisions of this act.
2. The
application shall be accompanied by
setting forth
(a) A statement
(1) The parties to the dispute ;
of the dispute. Including any
and cause
(2) The nature
the other to which
made
demands
by either party upon
or
board
a
to
the
to
point
ap-
referred
"
"
is taken
claims
tion
excep-
;
,
~,
affected
of persons
of the number
estimate
or likely to be affected by the dispute ;
,,,
to adjust^ the
by the parties themselves
(4) The efforts made
(3)
An
^
approximate
.
dispute
;
^"^(6)
statutory
setting forth that, failing an adjustdeclaration
to a
thereof by the mmister
ment
of the dispute or a reference
a
declarant
the
of
belief
and
board, to the best of the knowledge
the
appUwhere
and
(except
will
declared,
be
strike
lockout or
A
Declarations,
6
DISPUTES
INDUSTRIAL
CANADIAN
is made
in wages
cation
change
by
or
an
hours
INVESTIGATION
ACT.
of an
intended
employer in consequence
proposed by the said employer) that the
strike has
or
authority to declare such lockout
in
afEects
where
employees
a
directly
dispute
obtained; or,
necessary
been
more
of a trade
members
are
Province, and such employees
to carry
on
authorized
tions
negotiahaving a general committee
and employees and
so recogemployers
in disputes between
nized
or
by the chairman
by the employer, a statutory declaration
president and by the secretary of such committee, setting forth
thereof
that, failing an adjustment of the dispute or a reference
by the minister to a board, to the best of the knowledge and belief
strike will be declared, that the dispute has
of the declarants
a
than
union
one
the committee
and
the
the subject of negotiations between
have
employer, that all efforts to obtain a satisfactory settlement
ment
hope of securing a settlefailed, and that there is no reasonable
by further negotiations.
of a person
who
mention
the name
is
3. The
application may
member
of
the
board
act
as
a
and
desires
to
and
ready
willing
the
application,
representing the party or parties making
*"
it
^^"- ^^' ^^"
accompanying
application and the declaration
aif'f
cati"^^^
ic ion.
app
or
poration,
cor(1) If made
by an employer, an incorporated company
of its duly authorized
shall
be signed by some
one
other principal executive
or
officers;
managers
pany
by an employer other than an incorporated com(2) If made
or
corporation, shall be signed by the employer himself in
been
"
he is an individual, or a majority of the partners or members
of a partnership firm or association
;
of a trade union, shall be
by employees members
(3) If made
by. a majority vote
signed by two of its officers duly authorized
oi* by a vote taken
of the members
of the union
by baUot of the
members
of the union present at a meeting called on not less than
three days' notice
for the purpose
of discussing the question; or,
than one
ince
Provin more
where
a dispute directly affects employees
members
of a trade union
and
such employees are
having a
authorized
to carry
general committee
on
negotiations in disputes
and
so
between
employers
employees and
recogijized by the
be signed by the chairman
or
employer, may
president and by
the secretary of the said committee
;
not members
all of whom
or
are
(4) If made
by employees some
of a trade
of their
number
union, shall be signed by two
duly
authorized
by a majority vote taken
by ballot of the employees
present at a meeting called on not less than three days' notice for
the purpose
of discussing the question.
Sec. 17. Every application for the appointment of a board
shall
TranBmlssion.
be transmitted
to the
by post by registered letter addressed
of conciliation
and
registrar of boards
investigation, department
the date
of labor, Ottawa, and
of the receipt of such registered
letter at the department
shall be regarded
the date of the
as
receipt of such application.
to
Sec. 18. In every
Notice
where
for the apcase
an
application is made
other
party,
the party
pointment of a board
making
application shall, at
the time of transmitting it to the registrar, also transmit, by registered
letter to the other
livery,
party to the dispute, or by personal deof the application and of the accompanying
ment
statea
copy
and
declaration.
Reply.
Sec. 19. Upon receipt by either party to a dispute of a copy of
the application for the appointment
of a board
such party shall,
without
in reply to the application
delay, prepare
statement
a
and
transmit
it by registered letter,or by personal delivery, to
the registrar and to the party making the application.
case
in case
*"''*
^^'
no^lfled"^
^*' ^"P*^^ "* applications or statements
in reply thereto
to be transmitted
to the other party under
of the preceding
any
sections where
the other party is
(1) An employer, an incorporated company
or
corporation, shall
be sent to the manager
other principal executive
or
officer of the
"
company
or
corporation ;
CANADIAN
(2) An
INDUSTBIAL
employer
shall
be
other
sent
DISPUTES
than
to the
INVESTIGATION
incorporated company
an
employer
himself
or
to the
or
7
ACT.
poration,
cor-
employer
in the
of the business or firm as commonly
name
known
;
of employ eesj members
(3) Composed
of a trade
union,
be sent to the president and secretary of such union
;
of employees some
(4) Composed
all of whom
or
not
are
shall
bers
mem-
of a trade union
of the employees
(o) Where
some
members
are
of a trade
union, shall be sent to the president and secretary of the union
as
representing the employees belonging to the union ; also
of the employees are
(6) Where
some
not members
of a trade
union
and
there are
authorized
no
to represent such empersons
ployees,
shall be sent to ten of their number
;
(c) Where, under
(4) of section 16, two persons
paragraph
been
have
authorized
to make
an
application, shall be sent to
"
such
two
dispute may
in due
made
dispute shall be the
that
in
persons.
21. Any
Sec.
that no
this act
pute
in
any
which
the
employees
;
provided
to a board
under
affected by the dis-
chairman
such
board,
and
of
shall
of
declaration, and
forthwith
copy
and
of its accompanying
statement
in reply, and
the statement
the board
to deal
with
the matters
to in
referred
proceed
I
I
1
of the board
Beference
the registrar shall
of the application for the appoint- board,
to the
a
J"Jrfs"ilctloii.
application
subject of reference
than ten.
the appointment
22, Upon
Sec.
forward
in
case
fewer
are
ment
be referred
to a board
by
form
by any party thereto
behalf
to
these
documents.
rUNCTIONS,
23. In
Sec.
every
board
it shall be
settlement
a
of
such
manner
as
into the dispute
the
the
POWERS,
the
case
where
duty
of the
it deems
right and
fair and
a
amicable
as
to
OF
is duly
dispute
a
board
BOARDS.
endeavor
to
to ah'^H*'*'
referred
'"'*"to bring about
board
shall, in
dispute, and to this end the
it thinks
fit,expeditiously and carefully inquire
and
all matters
affecting the merits thereof and
make
may
PROCEDUEE
the
right of settlement
board
AND
In
thereof.
the
all such
suggestions
of
course
and
do
such
all
inquiry
such
things
for
proper
settlement
inducing the parties to come
of the dispute, and
journ
admay
period the board thinks reasonable
the proceedings
for any
terms
to allow the parties to agree
of settlement.
upon
Sec. 24. If a settlement
of the dispute is arrived
at by the parties during the course
of its reference
to the board, a memorandum
of the settlement
shall be drawn
and signed by
by the board
up
the parties, and
if
be binding as
shall, if the parties so agree,
made
a
act, and
recommendation
a
by the
thereof
copy
with
a
board
Settlements,
section
under
62 of this
the proceedings shall
-report upon
be
forwarded
to the minister.
BeeommendaSec. 25. If a settlement
at during
of the dispute is not arrived
"'"'^"
the course
to the board, the board
of its reference
shall make
a
full report thereon
to the minister, which
report shall set forth
the various
and
for the
by the board
proceedings
steps taken
cumstances,
of fully and
carefully ascertaining all the facts and cirpurpose
and shall also set forth such facts and circumstances,
and
the
its findings therefrom,
board's
recommendation
according to the merits
Sec.
26. The
board's
including
for
the
of the
the cause
settlement
of
and
substantial
recommendation
justice
shall
of
deal
dispute and
the dispute
the
with
case.
each
item
of the
dispute and shall state in plain terms, and avoiding as far
in the board's
as
possible all technicalities,what
opinion ought
or
by the respective parties concerned.
ought not to be done
mendation
Wherever
it appears
to the board
expedient so to do, its recomthe proposed
shall also state the period during which
settlement
should
should
commence.
continue
in
force
and
the
date
from
which
it
Form,
"'
8
INVESTIGATION
ACT.
Seo. 27. The
and
Report
DISPUTES
INDUSTRIAL
OANABIAN
board's report and recommendation
shall be made
shall be signed by such of the
in writing and
members
man
as concur
therein, and shall be transmitted
by the chairas
by registered letter to the registrar as soon
practicable
after the reference
of the dispute to the board; and in the same
be made
manner
a minority report may
by any dissenting member
of the board.
^^*'' ^^" ^P*"* receipt of the board's report the minister shall
forthwith cause
the report to be filed in the ofiice of the registrar
and a copy
thereof to be sent free of charge to the parties to the
dispute and to the representative of any newspaper
published in
Canada
who
applies therefor, and the minister
distribute
may
copies of the report and of any minority report in such manner
to him
as
seems
most desirable
of securing a complias a means
ance
with the board's recommendation.
The registrar shall,upon
application,supply certified copies for a prescribed fee to persons
in this section,
other than
those mentioned
^^''- ^^' ^""' ^^'^ Information
of Parliament
and the public,the
of the board
and any
report and recommendation
minority report
Gazette
shall, without
deltiy, be published in the Labor
and be
in the annual
Included
report of the department of labor to the
^^^ minister
tion"to''be^fii*"
writing.
diSributfon'of
report.
of^cport*^***""
_
board
mon
"tc.
general,
^^- ^^^ ^^^ purpose
of Its inquiry the board
shall have all
of summoning
before it and enforcing the attendance
of
witnesses, the powers
witnesses, of administering
oaths, and of requiring witnesses
to
oath or on solemn
affirmation
on
give evidence
(ifthey are persons
to produce such
entitled to affirm in civil matters)
and
books,
or
or
other documents
things as the board deems
papers,
requisite
to the full investigation of the matters
Into which
It Is Inquiring,
governor
^o "sum- ^^"-
in any
court
in civil cases.
of record
Is vested
member
of the board
administer
2. Any
an
oath, and the
may
board
accept, admit, and call for such evidence as in equity
may
and
it thinks fit,whether
good conscience
strictly legal evidence
as
not.
or
sa^^on's*
^^*'' ^^' ^''^
"
shall be in the prescribed form, and may
produce before the board any books, papers,
or
or other documents
things in his possession or under his control
in any
relating to the proceedings.
way
'^""
^^^' "^' ^^^ books, papers,
and other documents
or
things produced
fldetSiai"^^
before the board, whether
to
voluntarily or in pursuance
and
also by such parties
be inspected by the board
summons,
may
"""
"
require
any
summons
to
person
the information
obtained
therefrom
shall
the board
deems
it expedient, be made
other documents
or
public, and such parts of the books, papers,
in the opinion of the board
do not relate to the matter at issue
as
as
the board
not, except
be
may
allows
In
sealed
so
; but
far as
up.
^^
witaesses^
^^^- ^^' -^^ Party to the proceedings shall be competent and
be compelled to give evidence
as
a witness,
may
*"
^*' ^'^^^ person
who
is summoned
and duly attends as a
wltaeases""^
witness
shall be entitled to an
allowance
for expenses
according
to the scale for the time
being in force with respect to witnesses
In civil suits lii the superior courts
in the province where
the inquiry is being conducted.
putes,
s" ^^"- ^^' Where a reference has been made to the board of a dis"pute between
witness
a
and its employees, any
railway company
summoned
with
the dispute shall be
by the board in connection
entitled to free transportation
over
railway en route when
any
proceeding to the place of meeting of the board and thereafter
returning to his home, and the board shall furnish to such witness
^ proper
certificateevidencing his right to such free transportation,
Failure
to
Sec. 36. If any
has
who
been duly served with such
person
obey summons.
and to whom
tender has
at the same
summons
or
time payment
been made
of his reasonable traveling expenses
according to the
aforesaid
scale fails to duly attend or to duly produce any book,
other document
or
or
thing as required by his summons
paper,
ing
he shall be guilty of an offence and liable to a penalty not exceed.
raUway^^^d^i
one
hundred
suflSclent cause
dollars,unless
for such
failure.
he shows
that
there
was
good and
CANADIAN
INDUSTRIAL
DISPUTES
INVESTIGATION
Sec. 87. If, In any
proceedings before the board, any person
wilfully insults any member
of the board
or
wilfully interrupts
the proceedings, or without
refuses to give evidence, or
good cause
is guilty in any
other
of any
in the face
manner
wilful contempt
of the board, any
oiHcer of the board
or
constable
take
any
may
the person
him
offending into custody and remove
from
the precincts
of the board, to be detained
in custody until the rising of
the board, and the person
so offending shall be liable to a penalty
not exceeding one
hundred
dollars.
Sec. 38. The
member
thereof, and, on
being
board, or any
in writing by the board, any
authorized
other person,
without
may,
other
warrant
than this act, at any
any
time, enter any building
mine, mine
worlcings, ship, vessel, factory workshop, place
or
9
ACT.
Contempt,
j.^"^P*""""^
ises
prem-
of any
in respect of which
kind, wherein
or
industry is
any
work
carried on or any
Is being or has been done or commenced,
matter
or
or
thing is taking place or has taken place, which
any
the subject of a reference
to the board, and inspect
has been made
and
view
work, material, machinery, appliance, or article
any
in or upon
such
therein and interrogate any persons
building,
any
workings,
ship, vessel, factory, workshop,
place, or
mine, mine
in respect of or In relation to any
matter
premises as aforesaid
who
hinders
or
thing hereinbefore
mentioned, and any person
or
the
obstructs
board
or
any
such
person
authorized
as
aforesaid
of any
conferred
shall be
by this section
power
guilty of an offense and be liable to a penalty not exceeding one
hundred
dollars.
be represented before
the
Sec. 39. Any party to a reference
may
three
for the
designated
board
persons
by three or less than
allowed
hereinafter
as
or
by counsel or solicitor where
purpose,
in
the
exercise
"o?"P'^^^^"**
provided.
Principals
party appearing by a representative shall be
bound.
of such
representative.
be
41. No counsel or solicitor shall be entitled to appear
or
Counsel,
the consent
of the parties
the
before
board, except with
the board
such consent
may
dispute, and notwithstanding
counsel or solicitors to appear.
to allow
British
42. Persons
other than
subjects shall not be alEllglbles.
of a board.
to act as members
43. If, without
shown, any party to proceedings
good cause
presence
of
to be represented, the board
fails to attend
or
the board
parties,
had been represented.
or
proceed as if he had dully attended
may
Sec. 44. The
sittingsof the board shall be held at such time and
Sittings,
fixed by the chairman,
after
sultation
contime to time
place as are from
the parties
of the board, and
with
the
other members
to the time
and
as
shall
be
place at
notified by the chairman
far as practicable
so
which
sittings are to be held : Provided, That
which
the subject-matter
shall sit in the locality within
the board
of the proceeding before it arose.
shall
In
be conducted
Sec. 45. The
Meetings
proceedings of the board
Pnbllc.
before
the
such
that
board,
it,
proceedings
public, provided
any
Sec.
bound
Sec.
heard
to the
decline
Sec.
lowed
Sec.
before
on
may
its
40. Every
by the acts
own
diiect
the application of any
or
on
proceedings shall be conducted
of
the
parties,
private and
the parties, their representatives, the
motion,
that
the
in
that all persons
other than
shall
under
examination
officers of the board- and the witnesses
withdraw.
present at a
Sec- 46. The decision of a majority of the members
the
shall be the decision of the board, and
sitting of the board
of its members
of the majority
recommendations
findings and
shall be those
of the board.
at least one
and
other
of the chairman
Sec. 47. The
presence
Decisions,
Quorum,
to constitute
a
sitting
shall be necessary
of the board
member
of the board.
Presence
member
from a meetof any one
Sec. 48. In case of the absence
"s"bei-s.
shall
unless
not
members
proceed,
two
of
the
other
the board,
ing
notified of the meeting
has been
it is shown
that the third member
of his attendance.
in ample
time
to admit
74472"17
2
o
f
10
INDUSTRIAL
CANADIAN
2. If
manner
the
board.
to
Employment
o" experts.
of a board
dies, or becomes
incapacitated,
sliall be appointed
in
neglects to act, his successor
of
respect to the
original member
provided with
*9" '^^" board
S^"-
mat-
Trivial
ters.
or
the
at any
may
frivolous
it thinks
it which
^Ec. 50. The
board
experts
ploy competent
reports of either party
material
other
matter
such
reports
assessors
this
under
and
to the
section
bSs
any
matter
referred
the
of the
consent
minister,
em-
the books
to examine
or official
advise
it upon
technical
or
any
investigation, but shall not disclose
such
examination
inspection or
the consent
of both
the parties to
EXPENSES
AND
OE
BOAED.
51. The
for their
of a board
shall be remunerated
members
follows:
other
than
members
the
chairman
allowance
of
an
(a) To
five dollars
not
a
day for a time
exceeding three days during
in selecting a third
which
the members
be actually engaged
may
services
as
member
of
the
board.
member
of the board, including the chairman, an
rate of twenty
dollars
for each
day's sitting of
and
for each
in traveling
day
necessarily engaged
to his place of residence
from
or
to attend
after attending a
or
of the board.
meeting
Sec. 62. No member
shall accept in addition
of thri board
to his
of
of the board
salary as a member
perquisite or gratuity of
any
kind
from
vidual
any
corporation, association, partnership, or indiany
in any
in any
matter
interested
or
way
thing before or
about
in
to be brought
before
the
board
accordance
with
the
provisions of this act. The accepting of such perquisite or gratuity
(6)
To
each
allowance
board
the
Traveling
dismiss
trivial.
dispute.
Sbc.
"^""
Acceptance
gratuities.
time
of
result
without
KEMUNEEATION
Eemunera"^
to
the
or
or
with
may,
or
the
ACT.
INVESTIGATION
member
any
refuses
or
DISPUTES
ex-
penses.
at
the
shall
of the board
be an
offence and
shall render
by any member
such member
liable to a fine not exceeding
thousand
one
dollars.
Sec. 53. Each
member
of the board
will be entitled to his actual
for each
traveling expenses
that
he
is engaged
necessary
day
in traveling from
to his place of residence
or
for the purpose
of attending
after having
or
attended
a
meeting of the board.
Sec.
Expenses.
54. All expenses
incurred
Its
of the
by the
board, including
members
thereof
expenses
by
or
portation
for trans-
persons
under
in
order
making
under
investigations
this act, salaries
of
and
employees
fees and
shall
agents, and
mileage to witnesses
and
be allowed
the
of itemized
paid upon
presentation
vouchers
therefor, approved
of the board, which
by the chairman
vouchers
shall be forwarded
by the chairman
to the
The
minister.
man
chairshall also forward
to the
minister
detailed
and
a certified
statement
of the sittings of the board
and of the members
present
at
such
sittings.
Duties
General
*'es.
du-
Sec.
of
the
Registjsae.
55. It shall
be the duty of the registrar
receive
and
register and, subject to the provisions of
this act, to deal with
all applications by employers
or
employees
for a reference
of any
dispute to a board, and to at once
bring to
the minister's
attention
such application
every
"
(a) To
;
(6) To
conduct
of boards
as
such
correspondence
be
with
the parties
to constitute
any
and
bers
mem-
board
as
necessary
speedily as possible In accordance
with
the provisions of this act;
(c) To receive
and
file all reports
of
and
recommendations
conduct
boards, and
such
correspondence
and
do such
things as
assist In rendering
may
efCective
the
of the
recommendations
in accordance
boards
with the provisions of this act
may
;
CANADIAN
INDUSTEIAL
DISPUTES
INVESTIGATION
11
ACT.
To keep a register in which
shall
be entered
the particulars
of all applications, references, reports, and recommendations
of a board
relating to the appointment
and
its proceedings;
and
to safely keep
all applications, statements,
tions
reports, recommendaand
other
documents
the
relating to proceedings before
board
so
and, when
all or
required, transmit
of such
to the
any
(d)
minister ;
(e) To supply to any parties, on request, information
to this
as
act or
regulations
or
and
also
any
proceedings
to
thereunder,
furnish
members
parties to a dispute and
of the" board
with
blank
of summons,
other
forms, forms
ments
docunecessary
or
or
papers
with
required in connection
the effective carrying
of
out
the provisions of this act ;
(/) Generally, to do all such things and take all such proceedings
in the performance
be required
of his duties
as
may
scribed
preunder
Strikes
this
act
Lockouts
and
or
regulations
any
Prior
to
Board
56.
Sec.
shall
It
be
thereunder.
Pending
and
a
Reference
to
a
Illegal.
unlawful
for
any
to go
employer
to
declare
or
Strikes
bidden,
for-
for any employee
a lockout, or
of
on
strike, on account
of such
dispute prior to or during a reference
dispute to a
and
board of conciliation
investigation under the provisions of this
act or
under
the
cerning
prior to or during a reference
provisions concause
any
railway disputes in
the
conciliation
this
act
shall
That
nothing
in
and
labor
act
:
vided,
Pro-
or
prohibit the suspension
of any
of any
discontinuance
industry or of the working
person
not
therein for any cause
constituting a lockout or strike : Provided
the parties have
entered
into an agreement
also, That, except where
under
section
62 of this act, nothing in this act shall be held to
from
restrain
employer
declaring a lockgut, or any employee
any
has been duly
from
going on strike in respect of any dispute which
and
which
has
been
dealt
with under
section
to a board
referred
has
been
24 or 25 of this act, or in respect of any
dispute which
under
the provisions concerning
railway
the subject of a reference
disputes in the conciliation and labor act.
Status
to
shall give at least
and
employees
Sec. 57. Employers
thirty maintained,
of employment
change affecting conditions
days' notice of an intended
of such
with
or
hours, and in the event
respect to wages
intended
resulting in a dispute, until the dispute has
change
of the parties affected
been
finally dealt with by a board, neither
or
with respect to wages
of employment
shall alter the conditions
in doing,
of the dispute do or be concerned
hours, or on account
or
of a lockout
in the
nature
indirectly, anything
directly or
or
of employment
work,
strike, or a suspension or discontinuance
shall continue
and
of employer
employee
but
the relationship
anything arising out of the
dispute or
uninterrupted
by the
this
either party uses
dispute ; but if in the opinion of the board
of
act
the
for
this
unjustly
of
other
purpose
or
provision
any
the
of affairs through
delay, and
a
given condition
maintaining
shall
be
such
guilty of an
party
board
so repoijtsto the minister,
lation
liable to the same
offence and
penalties as are imposed for a vio-
be
of the next
preceding section.
Penalty for
lockcontrary causing
Sec. 58. Any
employer declaring or causing a lockout
"""*"
to the provisions of this act shall be liable to a fine of not less than
day or part of a day that
than
more
$1,000 for each
$100 nor
lockout
exists.
such
Penalty for
to the pro- going on strike,
strike contrary
who
Sec. 59. Any
employee
goes on
visions
of this act shall be liable to a fine of not less than $10 nor
than
$50 for each day or part of a day that such employee Is
more
on
strike.
Sec.
manner
employee
to go
or
.
Penalty
..,
.,
aids
m
or
who
any
incites,
encourages,
[nd
ting
a
continue
lockout, or any lockout
to declare
or
strike.
strike contrary to the provisions of
on
continue
60. Any
person
employer
any
^
.
for
to
or
12
INDUSTRIAL
CANADIAN
INVESTIGATION
ACT.
liable to a fine of not
offense and
this act, shall be guilty of an
dollars.
than one
thousand
more
less than $50 nor
Sec. 61. The
procedure for enforcing penalties imposed or authorized
to be imposed by this act shall be that prescribed by
convictions.
of the Criminal Code relating to summary
Part
XV
Entorcing
penalties.
jy^"
Recommen-
DISPUTES
Special
Provisions.
""
dations
ing,
bindbe referred under
Sec. 62. Either party to a dispute which
may
in writing, at any
time before or
this act to a board
may
agree
to be
its report and
recommendation,
has made
after
the board
in the same
of the board
manner
bound
by the recommendation
award
to a reference
made
an
pursuant
as
upon
parties are bound
of record; every
of a court
the order
on
to arbitration
made
to be bound
so
by one party shall be forwarded
agreement
It to the other party,
shall communicate
to the registrar, who
to be bound
and
if the other party agrees In like manner
by the
shall be
of the board, then the recommendation
recommendation
the application of either party
rule of the said
court on
a
Application"^cl6
in like manner.
shall be enforceable
of
act
to any and
dispute.
Sec. 63. in the event of a dispute arising In any
Industry or
be included
under
the provisions
as
trade other than
such
may
In a lockout
of this act, and
to result
such
dispute threatens
or
strike, or has actually resulted In a lockout or strike, either
in writing to allow
such
of the parties may
dispute to be
agree
to a board
referred
of conciliation
and
stituted
Investigation, to be conunder
the provisions of this act.
2. Every agreement
shall be forwarded
to allow such reference
shall
to the
communicate
It to the other
registrar, who
parly,
and
In like manner
if such other party agrees
to allow
the dispute
to be referred
to a board, the dispute may
be so referred
if
as
and
the
the industry or trade
within
included
the
parties were
provisions of this act.
the time
that the parties have
3. From
been notified
in writing
of their mutual
to
by the registrar that in consequence
agreement
refer
under
the dispute to a board
the provisions of this act, the
minister
has decided
to refer such
dispute, the lockout or strike,
if in existence, shall forthwith
and
the provisions of this
cease,
act shall bind the parties.
wiien.
Miscellaneous.
Reports
not
evidence,
sjjc. 64. No
court of the Dominion
of Canada, or of any Province
thereof, shall have power
or
jurisdiction to recognize
or
enforce, or to receive in evidence, any report of a board or
testimony or proceedings before a board as against any perany
son
for any
-or
of a prosecution of
except In the case
purpose,
such person
for perjury.
Sec. 66. No proceeding under
this act shall be deemed
invalid
of any defect of form
by reason
or
technical
Irregularity,
any
Territory
or
Technical*""^*
Payment
services.
for
gg_ rjjjg minister shall determine
the allowance
amounts
or
paid to all persons
other than the members
of a board, employed
by the Government
or
any board, includingthe registrar,
secretaries, clerks, experts, stenographers, or other persons
perggp
to be
services under
the provisions of this act.
of forming any
Eeports
prosecutions.
Sec. 67. In case
of prosecution under
this act, whether
viction
a conis or Is not obtained. It shall be the duty of the clerk
of the court
before which
such
takes
prosecution
any
place to
briefly report the particulars of such prosecution to the registrar
within
thirty days after It has been determined, and such clerk
Regulations, shall be entitled to a prescribed fee in payment
of his services.
Sec. 68. The governor
in council may
make
regulations as to the
time within
which
shall be done, and
anything hereby authorized
also as to any other matter
or thing which
to him necessary
appears
advisable to the effectual working of the several provisions
of this act. All such regulations shall go into force on the
of the publication thereof
in the Canada
Gazette, and they
or
day
CANADIAN
shall
laid
be
before
publication,
69.
Sec.
in
or,
after
days
if
Parliament
opening
All
charges
with
out
of
DISPUTES
such
is
of
the
and
the
INVESTIGATION
"within
Parliament
the
connection
that
INDUSTRIAL
fifteen
then
not
in
session
next
administration
by
of
appropriations
as
within
such
fifteen
thereof.
incurred
expenses
after
days
session,
13
ACT.
this
by
made
are
the
Government
shall
act
Expenses,
be
frayed
defor
Parliament
purpose.
70.
Seo.
by
the
Governor
the
first
An
him
annual
under
General,
fifteen
days
with
report
this
and
of
each
act
shall
session
to
respect
shall
be
be
made
laid
thereof.
before
the
by
matters
the
Parliament
Annual
transto
minister
within
PO'^t^-
acted
re-
LATING
The
AND
CONCILIATION
INDUSTRIAL
TO
brief
following
in
1912, and
a
by
OF
COIEKONWEALTH
Legal
court
his
as
appointed
by
the
of
of
varied.
court
workers
president
aim
basis
have
the
of
of
person
a
award.
which
strikes
continuance
or
and
of
be
by
sentative
repre-
supreme
is
and
by
tion
investiga-
an
of
amicable
prohibited
of
procedure
reference
lockout
the
parties
dispute
a
may
All
are
the
The
to-
temporary
board.
or
of
States.
there
or
lockouts
the
equally
judge
parties
or
strike
any
the
by
committees
boards,
a
and
supreme
appointed
conciliation
by
over
industrial
Federal
representing
summon
settlement,
conciliation
the
court,
industrial
of
of
of
for
settlement,
local
or
formal
under
initiation
is
amicable
Court
"
assessors
;
local
may
bureau.
supreme
courts
court
inquiries
numerous
member
a
presided
amicable
an
an
and
the
to the
made
employees
supreme
the
committee
force
Conditions
The
or
of
of
disputes.
is
is also
it
on
legislation.The
recent
more
State
a
employers,
reach
to
conciliation
a
and
advise
to
and
Commonwealth
or
of Victoria
AUSTRALIA.
of
who
Provision
employers
The
the
as
to
Federal
the
the
conference
adjustment
president,
a
deputies.
of
numbers
court
of
judges
president
of
consisting
and
equal
for the
machinery
arbitration,
lockouts/
issued
States,'published
texts
and
original
of the
examination
an
lication
pub-
a
Australian
the
examination
an
antistrike
from
compiled
inspector of factories
of the
by
is reproduced here on
account
summary
which
for information
have recently come
supplemented
is
and
strikes and
on
legislation throughout
1915, verified
in
of Trade
Board
RE-
COUNTRIES.
conciliation
the
countries
report of the chief
antistrike
the
of
of various
of the British
VARIOUS
IN
summary
provisions of the laws
LEGISLATION
ANTISTRIKE
UTILITIES
PUBLIC
matter
a
settlements
or
illegal.
are
"
organization
any
or
prohibited.
Penalties
for
($4,866.50)
enforcement
against
any
antistrike
of
person
legislation.
of
Penalty
"
organization
or
for
responsible
f 1,000
strike
a
or
lockout.
NEW
Legal
law
machinery
is similar
both
subject
for
Britain
text
in
and
162
of
of
operation
afifectlng strikes
pp.
and
[Cd.
superior
a
of
or
certain
with
laws
court
rescission
labor
and
special
the
and
by the
of
British
reference
court
a
Wales
that
of
the
there
record)
by the latter
Memoranda
the
board
dominions
to
in
are
and
being
court.
Lockouts.
department
in
South
of Queensland
callings, awards
or
Strikes
the
New
"
and
of industries
Trade.
lockouts,
prepared
of
and
public-utility
trade
foreign
services.
from
relating
to
countries
London,
6081.]
"
Victoria, Australia.
the
throughout
Australian
14
is
variation,
possession
dispute%. In
of
Commonwealth
groups
Board
the
WALES,
adjustment
(which
to amendment,
Great
1912.
the
of the
court
boards
information
the
for
that
industrial
an
industrial
1
to
SOUTH
Chief
Inspector
States.
of
Factories.
Melbourne,
1915.
Report
30
pp.
on
industrial
legislation
INDUSTEIAL
Conditions
Strikes
by
and
under
which
lockouts
industrial
the
Penalties
of
CONCILIATION
and
lockouts
prohibited
are
prohibited.
are
15
LEGISLATION.
An
or
injunction
illegal.
are
"
be
may
Issued
court.
for enforcement
on, his wages.
for not
strikes
of all kinds
ANTISTEIKE
liable to
of antistrilce legislation. Employer
liable to a fine of "50
($243.33), which
fine
a
"
($4,866.50);worker
"1,000
charge
AND
If striker
exceeding "20
instigating strike
member
was
of
($97.33) of the penalty.
union,
a
Penalty
it may
be
union
on
is
held
a
liable
for aiding
or
($4,866.50).
is "1,000
QUEENSLAND,
Legal
machinery for the adjustment of disputes. Industrial
court
tered
adminisa
in
the
appointed
council.
Local
by
judge
by
industrial
boards
governor
"
also created
are
The
others
over
court
case
of
has
been
held
before
been
In
taken.
given
after
all other
lockouts
and
14
of
employers
of
cases
prohibited
are
lockouts
and
ployees.
em-
directly and
abortive
of conference
days'
notice
or
be
must
and
and
illegal.
are
illegal unless
are
judge and proved
termination
cases
classes
boards.
and
industrial
an
certain
over
industrial
strikes
public utilities,strikes
has
been
from
number
prescribed
a
Jurisdiction
which
under
the
application of
has
appeal
on
Conditions
notice
the
on
conference
a
14
unless
given and
secret
a
days'
ballot
secret
a
In
"
has
ballot
taken.
Penalties
of antistrilce legislation. A fine of "1,000 ($4,866.50)
union
and
"50 ($243.33) on worker.
If worker
is
be levied
"20 ($97.33) of the penalty may
to exceed
for enforcement
be levied
may
member
of
against
the
employer
on
union,
a
not
"
or
Penalties
union.
made
are
charge
a
on
and
wages
funds
on
of
associations.
AUSTRALIA.
SOUTH
in trades
there
where
sitting to make
parties
strikes
lockouts
are
illegal.
for enforcement
be
against
against
levied
a
months'
person,
and
associations
refuses
agreement
industrial
months'
and
over
worker
or
award
made
are
a
($9.73)
"2
refuses
to
operation
may
who
in
Fines
above
and
a
($2,433.25)
($2,433.25)
($97.33) or three
"500
of
against funds
charge
An
week.
who
employer
there
where
accept work
be
"
fine of "500
of "20
Fine
illegal. All
are
or
fine of
similar
a
imprisonment.
picketing.
a
or
prohibited
are
When
respective
the
fit.
thinks
lockouts
award
an
award.
representing
assessors,
if he
association
wages
on
employ
to
two
make
existing
"
for
imprisonment
and
change
may
an
of antistrilce legislation. A
an
three
or
or
judge
the
which
Penalties
may
force,
adjudication,
final
a
none
under
Conditions
and
is
dispute, assist
to the
strikes
"
in
industrial
of the
of disputes. Tlie judge
for the adjustment
dispute occur^, and may
brings parties together when
any
Legal machinery
court
is
an
fined.
TASMANIA.
the
from
the
are
wages
and
strikes
a
determination
Penalties
may
be
in
wages
been
has
for enforcement
levied
against
to
an
their
review
and
boards
be suspended
may
action.
No
court.
supreme
strikes
which
lockouts
boards
the
to
boards
under
Conditions
required
then
appoints
of disputes." Governor
adjustment
of wages
Determination
boards
which
for the
machinery
Legal
boards.
lockouts
are
trades
Appeals
prohibited
of
be
may
is made
provision
on^ account
wages
and
by the governor,
or
ciliation.
con-
illegal. All
are
any
taken
for
"
matter
as
to
reached.
of antistrilce legislation."K fine of "500
organization and
"20
($97.33) against
an
($2,433.25)
individual.
16
CONCILIATION
INDUSTRIAL
LEGISLATION.
ANTISTEIKE
AND
VICTORIA.
legislation.
No
AUSTRALIA.
WESTERN
machinery for the adjustment of disputes. The court of arbitration
court
and two representatives from employers
consists of a judge of the supreme
No provision is made
and employees, all three being appointed by the governor.
Legal
for
under
which
and
lockouts
are
worker
cease
Strikes
a
to
directly before
come
the
of arbitration
court
presiding judge.
Conditions
can
matters
tribunals, and
local
the
or
"
dealt
be
and
strikes
Illegal. An
lockouts
time
work
"
worker
a
nor
elapsed for matter
has
the
time
illegal
are
or
discharge
not
can
(1) before a reasonable
by the court, or (2) during the
with
prohibited
are
employer
in court
proceedings
pending.
are
Penalties
for enforcement
may
legislation. A
of antistrike
union
against Industrial
be levied
fine of "100
"
of "10
and
employer,
or
($486.65)
($48.67) against
worker.
ZEALAND.
NEW
sisting
for the adjustment of disputes. ^A court of arbitration,conthree
serve
the
to
for
years;
appointed by
governor
Legal machinery
of three
"
one
judge
"
members
court," to
the
of
have
commissioner
appointed
jurisdiction within
appointed
parties applying for
the nomination
The
the
industrial
Conditions
Under
the
a
Under
where
to
If
notice
to the
7 days
must
Penalties
"200
from
the
be
before
brought
strikes
for enforcement
must
Wages
of
to be
a
the
appointed
railways
or
the
matter
on
affecting
in
court
be
may
than
more
first instance
the
the
one
are
prohibited
of any
and
case
ferred
re-
putes
Dis-
determination.
lockouts
and
arbitration
and
or
amendment
Industrial
an
or
by
party
illegal.
are
of
agreement
industrial
or
"
1908, which
is in
force,
refer
matter
worker
to
14
of worker
a
secret
Is "25
($48.67).
($166.66).
:
($48.67) to
may
be
For
"10
Worker,
of workers
may
a
attached.
In
the
be
delivery of
ballot, and
then
liable to "500
of public utilities
encouraging or instigating a
($48.67) ; employer or union,
be
attached
or
before
worker
case
cases
must
commissioner
from
days
"
to "10
before notice is given
ballot, "10
notice
industrial
an
Is effected within
the scale of fines Is
wages
applies only to
agreement,
of antistrilce legislation. Employer
employee
locking out
secret
assessors,
make
in
employees
award
an
settlement
no
($973.30). The
striking or
to three
nomination
this, the
in
shall
the labor department
conducts
elapse before cessation of work.
lockout
one
number
minister
the penalty to the
or
Falling
existing award
an
($2,433.25) fine and
strike
to have
years,
the
prohibited.
disputes investigation act of 1913, which
minister, who
committee.
or
tion
concilia-
a
are
is not
the
on
like
a
Government
conciliation
where
cases
labor
there
given
which
lockouts
the
the
of railway
Industrial
and
district, and
a
other.
in the
applies only to
strikes
on
union
under
of three
term
a
occasion,
council,
controversy.
district may
application of
to the dispute
the
arbitration, which
of
court
Involving workers
one
for
of
of employers
of investigation,appointed by court
respondents. Boards
requested,
procedure is for a council of conciliation,when
to adjust the
to attempt
to
conciliation
a
of the
of arbitration.
for
commissioner
by unions
conciliation,consisting of
of
by the governor
designated industrial
a
the
by
nominated
each
emoluments
status, and
tenure,
the
court; and one
judge of the supreme
and
workmen,
respectively. Councils
and
for fines.
expiration
"500
Penalty
of seven
($2,433.25) to
for
days
ployer.
em-
18
INDXJSTEIAL
CONCILIATION
AND
ANTISTBIKE
LEGISLATION.
SENUAIIK.
Legal machinery
provision Is made
for the adjustment of disputes. ^By a law passed In 1910
for the appointment
of a permanent
arbitration
court of
six members, selected from
organizations of employers and employees, with a
president and vice president, with qualificationsof an ordinary judge. It is
the
"
duty of this court
between
Whenever
strike
a
or
Strikes
lockouts
or
are
public notice must
but
strikes
and
no
for
is appointed
(public notice
lockouts
prohibited in cases
where
dispute respect any
a
conciliator
attempt to effect
and
In cases
broken.
are
parties to
is impending
lockout
which
under
the
Government
it is his duty to intervene
Conditions
make
to
A
them.
a
ment
agree-
two
years.
being compulsory),
settlement.
prohibited
are
where
court
awards
trade agreements
exist
or
a
illegal.
are
"
trade
or
strike
ments
agree-
is legal,
it is started.
be given before
of antistrike legislation. Fines.
Penalties for enforcement
"
ENGLAND.
machinery
the
of disputes. -There
is no legal machinery,
disputes on the railways, but
effective machinery
is in existence
which
is quasi official,
consisting of an
between
the railroads
and
their employees, which
was
agreement
originally
amended
negotiated by a representative of the board of trade in 1907. It was
Legal
for
adjustment
"
strictly speaking, for the adjustment
the
as
These
of
result
changes
boards
the
and
the outcome
the
report of
royal commission
a
of the railway strike
1911.
this agreement
By
equal representation of railroads and employees,
not settled by direct negotiation between
work
the
conciliation
not be reached
neutral
can
a
parties. If a settlement
selected by the conciliation boards
from a panel prepared
is called in, and
Conditions
in
in 1911.
created, with
are
to perform
conferences
were
of wage
his decision
under
which
chairman
umpire,
or
by the board
of trade,
is final.
strikes
and lockouts
are
prohibited or are illegal.
legislation.
Penalties for enforcement of antistrike legislation. No legislation.
Remarks.
^The adjustment of disputes on
other public utilities and
in the
mining industry is provided for in the conciliation act of 1896.
Conciliators or
"
No
"
"
boards
also
of
conciliation
appointed
are
appointed by the board of trade.
Arbitrators are
application of both parties, selected from panels of employers,
and
"persons of eminence
and
impartiality" established
the
on
employees,
by the board
its
on
of trade.
initiative
own
application of both
For
conciliation
by the request
or
proceedings the board
of either
of trade
acts
party ; for arbitration,on
the
parties.
FRANCE.
Conditions
under
which
strikes and lookouts are
prohibited or are illegal.
only qualificationas to complete freedom
of action in the railway service is
that any engineer, fireman, or trainman
shall not desert his post during the
of a journey. Postal employees and
progress
employees in shipping service
controlled by the Government
from
are
prohibited
striking.
"
The
Penalties
for enforcement
terminals
to
two
losses
service
on
Remarks."
and
Postal
years.
in pay.
The
which
In
employees
of antistrike legislation. Desertion
"
is punishable
a
and
other
monopoly
strike
with
imprisonment
civil employees
privilegemay
be
ranging
may
be
withdrawn
of trains
from
dismissed
from
the
tween
be-
months
six
or
suffer
shipping
occurs.
all occupations except those mentioned
the right of employers
to take concerted
action in a peaceful manner
with
view to
a
INDUSTRIAL
cessation
of
COHTCILIATION
work
has
1910, the National
of Unions
the
for
of the
keeping
officiallyrecognized since 1884.
On
October
2,
of Railway -Employees of France
and
the Federation
Engineers and Firemen
called a general strike on all
of the country.
duty
three
The
Government, using
mobilization
a
weeks.
its full authority under
of the strikers,and
Their
railways under
their superior officers. This
after
19
LEGISLATION.
been
military laws, called for
military
ANTISTBIKE
Federation
of Railway
railroads
AND
military duties
normal
conditions
working
defeated
measure
ordered
them
to do
specified as
were
under
the
the strike, which
was
the
orders
of
called
off
six days.
GERMANY.
Legal machinery
for the adjustment
of disputes. Means
of all groups
to bring their requests and
of the authorities
have been instituted by all the State
in Germany
under
Conditions
Strikes
the
which
under
and
lockouts
"
of
name
workmen's
strikes
and
specificlaws
forbidding strikes, but
make
public utilities administration
the organized
waive
railway
all claim
Penalties
to the
grievances
notice
railway administrations
and
strikes
prohibited
are
illegal.
are
"
There
practices of railway
impossible. About
unions, the by-laws
to
or
public utilities.
on
90
are
and
per
of which
no
other
of
cent
cally
specifi-
to the right to strike.
of antistrike legislation. No specific penalties for
for enforcement
assert
are
forbidden
to belong to unions
which
strikes,but workmen
"
in
engaging
the right to strike.
sanction.
All union
The
who
employee
in
rules
employees belong
way
enabling rail-
committees."
lockouts
practically prohibited
are
for
"
workers
organizations
coercive
force
in
engaged
strike
a
by-laws
and
of the law
would
is found
be
subject
are
in the
dismissed
to governmental
fact that
a
way
rail-
fall of advancement
or
his work.
"
to attaining the
employee looks forward
Every Government
and this is practically impossible if he belongs to or Is
official,"
status
of
known
to sympathize
an
with
trade-union
a
which
does
not
with
meet
Government
approval.
HOIIAND.
machinery
Legal
different groups
and
have
for the adjustment of disputes.
"
of railway
who
employees
before
complaints of railway workers
been
established
of working
Conditions
under
for
rules
Bemarks.
lockouts
and
railway service
Arbitration
boards
because
are
prohibited
or
of infractions
illegal.
are
legislation. Imprisonment
of antistrike
"
in
or
"
^Legislationprohibiting strikes
In the Dutch
managers.
from
the wishes
prohibited.
are
for enforcement
"
selected
are
to present
conditions.
strikes
Strikes in railway service
Penalties
and
the
Delegates
authorized
of penalties Imposed
enforcement
the
which
are
was
of
a
prohibited
or
the outcome
fine.
general strike
1903.
ITALY.
Conditions
Strikes
under
prohibited
are
Penalties
Remarks.
which
in
and public service.
of antistrike legislation. Fine
"
^Legislationrelative
to
practically prevent strikes,because
upon
so
many
Government
mllitarv
law.
individuals.
to call out
are
are
illegal.
"
railway
for enforcement
"
lockouts
and
strikes
The
real
the reserves
fines
of the
loss of employment.
would
not
employment
impossibilityof enforcing the law
and
loss
of
restraining influence
and
and
compel strikers to
is the
resume
power
work
of the
under
20
INDUSTRIAL
CONCILIATION
AND
LEGISLATION.
ANTISTEIKE
OTTOMAIT
EHFIRE.
for the adjustment of disputes. In the case of a dispute relative
to wages
or
working conditions, a conciliation board Is organized, composed
of six members, three representing employers and
three representing employees.
The boards
ment.
presided over
are
by an official appointed by the GovernThe agreements reached
by these boards are enforced by the Government.
Legal machinery
"
If the parties to the dispute can
but
nothing
must
Conditions
be done
by them
which
strikes
under
Strikes in public utilities
to the Government
opposed
and
to freedom
lookouts
and
unlawful
are
the employees
Remarks.
of action.
at conciliation
have
illegal.
are
"
cated
communi-
are
failed.
legislation. Imprisonment or fine.
in establishments
organization of trade-unions
carrying out
The
"
free to stop work,
prohibited or
grounds of dispute
until
attempts
are
are
for enforecent of antistrike
Penalties
any
not agree,
"
public service is forbidden.
PORTUGAl.
lockouts
Conditions
urider which
strikes and
are
prohibited or are illegal.
Illegalin public utilities until 8 to 12 days' notice has been given, together with
"
a
statement
to the
as
for
causes
a
strike.
legislation. Loss of employment.
In all services, except public utilities,
Remarks.
strikes have been expressly
of the Kepublic in 1910.
permitted since the establishment
Penalties
for enforcement
of antistrike
"
"
ROTJMANIA.
Conditions
Strikes
under
which
Penalties
strikes
lookouts
and
prohibited
are
or
illegal.
are
"
public utilities.
in
prohibited
are
of antistrike
for enforcemsnt
legislation. Imprisonment
and
"
loss of
employment.
Remarks.
^No employee
"
authorization
of the
of
a
public utilitycan
join
a
trade-union
without
the
Government.
RUSSIA.
Conditions
Strikes
under
striltes and
prohibited among
are
Penalties
lockouts
Authorities
prohibited
are
or
illegal.
are
"
employees of public utilities.
for enforcement of antistrike
employment.
before
which
may
arrest
legislation. Imprisonment
and
"
banish
or
strikers
loss of
bringing them
without
court.
a
SPAIN.
Conditions
Strikes
under
which
illegalin
are
with
and
lockouts
are
as
to the causes
or
are
is
illegal.
gether
given, to"
of the strike.
Penalties
labor
prohibited
public utilities until five to eight days' notice
statement
a
strikes
for enforcement of antistrike legislation. ^Leaders and officials of
organizations or concerted movements
who
do not make
to
as
a declaration
the causes
Remarks.
"
for
a
In
"
strike
are
industries
allowed, provided
they
are
liable to Imprisonment.
other
than
public utilities strikes
not accompanied
by threats
or
are
expressly
violence.
SWITZERLAND.
Legal machinery
established
a
for the adjustment of disputes. The Canton of Geneva has
system of conciliation and arbitration.
Conciliators are elected
"
INDUSTRIAL
the
directly by
two
is had
recourse
for
law
CONCILIATION
the
Conditions
Geneva
whenever
an
and
they
service
award
or
and
cautions.
There
Is
no
or
illegal.
are
In
"
Canton
the
of
is broken.
In
the
are
no
"
and
settlement,
a
service.
prohibited
are
railway
reach
auspices.
railway
lookouts
agreement
not
can
Government
Federal
21
LEGISLATION.
of antistr'ike legislation.
by fines
punishable
are
the
Federal
industrial
for enforcement
of
There
Federal
service
in
penalties
the
Geneva.
There
have
been
nationalization
In
1897.
Remarks.
their
the
If
under
in
strikes
in
ANTISTRIKE
dispute.
board
disputes
which
prohibited
Penalties
Canton
of
under
are
the
to
arbitration
an
settlement
Strikes
strikers
parties
to
AND
"
strikes
no
the
on
of
railways
Switzerland
since
TRANSVAAL.
machinery
Legal
by
the
of
request
either
court
supreme
the
Failing
given
labor
the
to
of
the
of
the
by
to "50
another
to
($486.65
which
are
lockouts
are
by
$243.33)
fined
be
the
day,
a
"50
of
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