Cornell University Library 
 
 HD 5508.A3U6 
 
 Text of Canadian Industrial disputes inv 
 
 HD U. S. Bureau, of LaTsor Statistics. 
 
 "=5508 Text of Canadian industrial la"bor disputes 
 
 A3 investigation act and sumnary of industrial 
 
 U6 conciliation and antistrike legislation,,, 
 
 1917. 
 
 5508 
 
THE LIBRARY 
 
 OF THE 
 
 NEW YORK STATE SCHOOL 
 
 OF 
 
 INDUSTRIAL AND LABOR 
 
 RELATIONS 
 
 AT 
 CORNELL UNIVERSITY 
 
y. S. DEPARTMENT OF LABOR 
 BUREAU OF LABOR STATISTICS 
 
 ROYAL MEEKER, Commissioner 
 
 TEXT OF CANADIAN INDUSTRIAL 
 DISPUTES INVESTIGATION ACT 
 
 AND 
 
 SUMMARY OF INDUSTRIAL CONCILIATION AND 
 ANTISTRIKE LEGISLATION RELATING TO 
 PUBLIC UTILITIES OF VARIOUS COUNTRIES 
 
 WASHESIGTON 
 
 GOVERNMENT PRINTING OFFICE 
 
 1917 
 
 C 
 
 ■m 
 
The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924002406100 
 
TEXT OF CANADIAN INDUSTRIAL DISPUTES INVESTIGATION ACT OF 
 
 1907. 
 
 Dominion of Canada. 
 Industrial Disputes Investigation Act, 1907, amended 1910. 
 
 AN ACT To aid in the prevention and settlement of strikes and lockouts 
 in mines and industries connected wltb public utilities. (6-7 Edward 
 VJI, chap. HQ, (u amended by 9-10 Edward VII, chap. 89.) 
 
 Section 1.' This act may be cited as The Industrial Disputes Sliort title. 
 Investigation Act, 1907. 
 
 Peeliminary. 
 
 intbrpketation. 
 
 Sec. 2. In this act, unless the context otherwise requires — Deflnltlons. 
 
 (0) "Minister" means the minister of labor. 
 (6) "Department" means department of labor. 
 
 (c) "Employer" means any person, company, or corporation 
 employing ten or more persons and owning or operating any min- 
 ing property, agency of transportation or communication, or public- 
 service 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 power works. 
 
 (d) "Employee" means any person employed by an employer 
 to do any- skilled or unskilled manual or clerical work for hire or 
 reward in any industry to whteji this act applies. 
 
 (e) " Dispute " or " industrial dispute " meaijs any dispute or 
 difference between an employer and one or more of his employees 
 as to matters or things affecting or relating to work done or to 
 be done by him or them, or as to the privileges, rights, and duties 
 of employers or employees (not involving any such violation 
 thereof as constitutes an indictable ofCence) ; and, without limit- 
 ing the general nature of the above definition, Includes all matters 
 relating to — 
 
 (1) The wages, allowance, or other remuneration of employees, 
 or the price paid or to be paid in respect of employment. 
 
 (2) The hours of employment, -lex, age, qualification, or status 
 of employees and the mode, terms, and conditions of employment. 
 
 (3) The employment of children or any person or persons or 
 class of persons, or the dismissal of or refusal to employ any 
 particular person or persons or class cf persons. 
 
 (4) Claims on the part of an employer or any employee as to 
 whether and, if so, under what circumstances preference of em- 
 ployment should or should not be given to one class over another 
 of persons being or not being members of labor or other organiza- 
 tions, British subjects, or aliens. 
 
 (5) Materials supplied and alleged to be bad, unfit, or unsuit- 
 able, or damage alleged to have been done to work. 
 
 (6) Any established custom or usage, either generally or in the 
 particular district afCeeted. 
 
 (7) The interpretation of an agreement or a clause thereof. 
 
 (/) "liOckout" (without limiting the nature of its meaning) 
 means a closing of a place of employment, or a suspension of 
 work, or a refusal by an employer to continue to employ any 
 number of his employees in consequence of a dispute, done with 
 a view to compelling his employees, or to aid another employer 
 in compelling his employees, to accept terms of employment. 
 
 {g) " Strike " or " to go on strike " (without limiting the nature 
 of its meaning) means the cessation of work by a body of em- 
 ployees acting in combination, or a concerted refusal, or a refusal 
 under a common understanding of any number of employees to 
 continue to work for an pf^^gflpigrtirYoJS^u^DtBKS^RVIspute, 
 
 WH YORK STATE SCHOOL ^ 
 
 niniiOTDiAi Aun lAunq RELATIONS 
 
CANADIAN INDUSTRIAL DISPUTES INVESTIGATION ACT. 
 
 done as a means of compelling their employer, or to aid other 
 ' employees in compelling their employer, to accept terms of em- 
 ployment. 
 
 (ft) "Board" means a board of conciliation and investigation 
 established under the provisions of this act. 
 
 (i) "Application " means an application for the appointment 
 of a board under the provisions of this act. ' 
 
 U) " Registrar " means the registrar of boards of conciliation 
 and investigation under this act. 
 
 (fc) " Prescribed " means prescribed- by thig'act or by any" rules 
 or regulations made thereunder. 
 
 (t) "Trade-union" or "union" means aily organization of em- 
 ployees formed for the purpose of regulating relations between 
 employers and employees. 
 
 Minister of 
 labor. 
 
 Beglstrar. 
 
 ADMINISTRATION. 
 
 Sec. 3. The minister of labor shall have the general adminis- 
 tration of this act. 
 
 Sec. 4. The governor in council shall appoint a register of 
 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 
 latter case the registrar may, if the governor in council thinks fit, 
 be appointed, not by name, but by reference to such other office, 
 whereupon the person who for the time being holds such office, or 
 performs its duties, shall by virtue thereof be the registrar. 
 
 Boards o* Conciliation and Investigation. 
 
 constitution of boards. 
 
 Applications Seo. 5. Whenever any dispute exists between an employer and 
 for reference, 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 
 minister for the appointment of a board of conciliation and In- 
 vestigation, to which board the dispute may be referred under the 
 provisions of this act: Provided, however, That in the case of a 
 dispute between a railway company and its employees such dispute 
 may be referred, for the purpose of conciliation and investigation, 
 under the provisions concerning railway disputes in the concilia- 
 tion and labor act. 
 Appointment Sec. 6. Whenever, under this act, an application is made in due 
 of boards. form for the appointment of a board of conciliation and investiga- 
 tion, and such application does not relate to a dispute which is a 
 subject of a reference under the provisions concerning railway 
 disputes in the conciliation and labor act, the minister, whose 
 decision for such purpose shall be final, shall, within fifteen days 
 from the date at which the application is received, establish such 
 board under his hand and seal of office, if satisfied that the provi- 
 sions of this act apply. 
 
 Sec. 7. Every board shall consist of three members who shall 
 be appointed by the minister. 
 
 2. Of the three members of the board one shall be appointed on 
 the recommendation of the employer and one on the recommenda- 
 tion of the employees (the parties to the dispute) and the third 
 on the recommendation of the members so chosen. 
 Mode of ap- Seo. 8. For the purposes of appointment of the members of the 
 polntment ofjjoard the following provisions shall apply: 
 
 1. Each party to the dispute may, at fee time of making applica- 
 tion or within five days after being requested so to do hy the 
 minister, recommend the name of one person who is willing and 
 ready to act as a member of the board, and the minister shall ap- 
 point such person a member of the board. 
 
 2. If either of the parties fails or neglects to duly make any rec- 
 ommendation within the said oeriod. or such extension thereof as 
 
 Membership. 
 
 members. 
 
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 
 may, within five days after their appointment, recommend the 
 name of one person who is willing and ready to act as a third 
 member of the board, and the minister shall appoint such person 
 a member of the board. 
 
 4. If the members chosen on the recommendation of the parties 
 fail or neglect to duly make any recommendation within the said 
 period, or such extension thereof as t"he minister, on cause shown, 
 grants, the minister shall, as soon thereafter as possible, appoint 
 a fit person to be a third member of the board, and such member 
 shall be deemed to be appointed on the recommendation of the two 
 other members of the board. 
 
 5. The third member shall be the chairman of the board. 
 
 Sec. 9. As soon as possible after the full board has been ap- Notice of ap- 
 pointed fey the minister, the registrar shall notify the parties of P°'°t™^"t- 
 the names of the members of the board and the chairman thereof, 
 and such notification shall be final and conclusive for all purposes. 
 
 Sec. 10. Every member of a board shall hold oflSce from the Term, 
 time of his appointment until the report of the board Is signed and 
 transmitted to the minister. 
 
 Sec. 11. No person shall act as a member of a board who has Pecuniary 
 any direct pecuniary Interest in the issue of a dispute referred interest, 
 to such board. 
 
 Sec. 12. Every vacancy in the membership of a board shall be Vacancies, 
 supplied in the same manner as in the case of the original appoint- 
 ment of every person appointed. 
 
 Sec. 13. Before entering upon the exercise of the functions of Oath, 
 their office the members of a board, including the chairman, shall 
 make oath or affirmation before a justice of the peace or other 
 person authorized to administer an oath or affirmation, that they 
 will faithfully and impartially perform the duties of their office, 
 and also that, except in the discharge of their duties, they will 
 not disclose to any person any of the evidence or other matter 
 brought before the board. 
 
 Sec. 14. The department may provide the board with a secre- Assistants, 
 tary, stenographer, or such other clerical assistance as to the min- 
 ister appears necessary for the efficient carrying out of the provi- 
 .sious of this act. 
 
 PBOCEDUEE FOE BEFBEBNCE OF DISPUTES TO BOAKDS. 
 
 Sec. 15. For the purpose of determining the manner in which Applications 
 and the persons by whom an application for the appointment of made, how. 
 a board is to be made, the following provisions shall apply : 
 
 1. The application shall be made In writing in the prescribed 
 from and shall be in substance a request to the minister to ap- 
 point a board to which the existing dispute may be referred 
 under the provisions of this act. 
 
 2. The application shall be accompanied by — 
 (a) A statement setting forth — 
 
 (1) The parties to the dispute ; 
 
 (2) The nature and cause of the dispute. Including any claims 
 or demands made by either party upon the other to which excep- 
 tion is taken ; ~, ^ , 
 
 (3) An approximate estimate of the number of persons affected 
 or likely to be affected by the dispute ; . ^ ,,, 
 
 (4) The efforts made by the parties themselves to adjust the 
 dispute ; 
 
 ^"^(6) A statutory declaration setting forth that, failing an adjust- Declarations, 
 ment of the dispute or a reference thereof by the mmister to a 
 board, to the best of the knowledge and belief of the declarant a 
 lockout or strike will be declared, and (except where the appU- 
 
6 CANADIAN INDUSTRIAL DISPUTES INVESTIGATION ACT. 
 
 cation is made by an employer in consequence of an intended 
 change in wages or hours proposed by the said employer) that the 
 necessary authority to declare such lockout or strike has been 
 obtained; or, where a dispute directly afEects employees in more 
 than one Province, and such employees are members of a trade 
 union having a general committee authorized to carry on negotia- 
 tions in disputes between employers and employees and so recog- 
 nized by the employer, a statutory declaration by the chairman or 
 president and by the secretary of such committee, 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 the committee and the 
 employer, that all efforts to obtain a satisfactory settlement have 
 failed, and that there is no reasonable hope of securing a settle- 
 ment by further negotiations. 
 
 3. The application may mention the name of a person who is 
 willing and ready and desires to act as a member of the board 
 representing the party or parties making the application, 
 aif'f cati"^^^ *° ^^°- ^^' ^^® application and the declaration accompanying it — 
 app ic ion. (1) If made by an employer, an incorporated company or cor- 
 
 poration, shall be signed by some one of its duly authorized 
 managers or other principal executive officers; 
 
 (2) If made by an employer other than an incorporated com- 
 pany or corporation, shall be signed by the employer himself in 
 case he is an individual, or a majority of the partners or members 
 in case of a partnership firm or association ; 
 
 (3) If made by employees members of a trade union, shall be 
 signed by two of its officers duly authorized by. a majority vote 
 of the members of the union oi* by a vote taken 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, 
 where a dispute directly affects employees in more than one Prov- 
 ince and such employees are members of a trade union having a 
 general committee authorized to carry on negotiations in disputes 
 between employers and employees and so recogijized by the 
 employer, may be signed by the chairman or president and by 
 the secretary of the said committee ; 
 
 (4) If made by employees some or all of whom are not members 
 of a trade union, shall be signed by two of their number 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. 
 
 TranBmlssion. Sec. 17. Every application for the appointment of a board shall 
 be transmitted by post by registered letter addressed to the 
 registrar of boards of conciliation and investigation, department 
 of labor, Ottawa, and the date of the receipt of such registered 
 letter at the department shall be regarded as the date of the 
 receipt of such application. 
 Notice to Sec. 18. In every case where an application is made for the ap- 
 
 other party, pointment of a board the party making application shall, at 
 the time of transmitting it to the registrar, also transmit, by regis- 
 tered letter to the other party to the dispute, or by personal de- 
 livery, a copy of the application and of the accompanying state- 
 ment 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 delay, prepare a statement in reply to the application 
 and transmit it by registered letter, or by personal delivery, to 
 the registrar and to the party making the application. 
 
 no^lfled"^ *"''* ^^' ^*' ^"P*^^ °* applications or statements in reply thereto 
 to be transmitted to the other party under any of the preceding 
 sections where the other party is — 
 
 (1) An employer, an incorporated company or corporation, shall 
 be sent to the manager or other principal executive officer of the 
 company or corporation ; 
 
CANADIAN INDUSTBIAL DISPUTES INVESTIGATION ACT. 7 
 
 (2) An employer other than an incorporated company or cor- 
 poration, shall be sent to the employer himself or to the employer 
 in the name of the business or firm as commonly known ; 
 
 (3) Composed of employ eesj members of a trade union, shall 
 be sent to the president and secretary of such union ; 
 
 (4) Composed of employees some or all of whom are not mem- 
 bers of a trade union — 
 
 (o) Where some of the employees are members of a trade 
 union, shall be sent to the president and secretary of the union 
 as representing the employees belonging to the union ; also 
 
 (6) Where some of the employees are not members of a trade 
 union and there are no persons authorized to represent such em- 
 ployees, shall be sent to ten of their number ; 
 
 (c) Where, under paragraph (4) of section 16, two persons 
 have been authorized to make an application, shall be sent to 
 such two persons. 
 
 Sec. 21. Any dispute may be referred to a board by application J<Jrfs<ilctloii. 
 in that behalf made in due form by any party thereto ; provided I 
 that no dispute shall be the subject of reference to a board under I 
 this act in any case in which the employees affected by the dis- 1 
 pute are fewer than ten. 
 
 Sec. 22, Upon the appointment of the board the registrar shall Beference to 
 forward to the chairman a copy of the application for the appoint- board, 
 ment of such board, and of its accompanying statement and 
 declaration, and of the statement in reply, and the board shall 
 forthwith proceed to deal with the matters referred to in these 
 documents. 
 
 rUNCTIONS, POWERS, AND PROCEDUEE OF BOARDS. 
 
 Sec. 23. In every case where a dispute is duly referred to ah'^H*'*' °' 
 board it shall be the duty of the board to endeavor to bring about '"'*™- 
 a settlement of the dispute, and to this end the board shall, in 
 such manner as it thinks fit, expeditiously and carefully inquire 
 into the dispute and all matters affecting the merits thereof and 
 the right of settlement thereof. In the course of such inquiry 
 the board may make all such suggestions and do all such things 
 as it deems right and proper for inducing the parties to come 
 to a fair and amicable settlement of the dispute, and may ad- 
 journ the proceedings for any period the board thinks reasonable 
 to allow the parties to agree upon terms of settlement. 
 
 Sec. 24. If a settlement of the dispute is arrived at by the par- Settlements, 
 ties during the course of its reference to the board, a memorandum 
 of the settlement shall be drawn up by the board and signed by 
 the parties, and shall, if the parties so agree, be binding as if 
 made a recommendation by the board under section 62 of this 
 act, and a copy thereof with a -report upon the proceedings shall 
 be forwarded to the minister. 
 
 Sec. 25. If a settlement of the dispute is not arrived at during Beeommenda- 
 the course of its reference to the board, the board shall make a "'"'^• 
 full report thereon to the minister, which report shall set forth 
 the various proceedings and steps taken by the board for the 
 purpose of fully and carefully ascertaining all the facts and cir- 
 cumstances, and shall also set forth such facts and circumstances, 
 and its findings therefrom, including the cause of the dispute and 
 the board's recommendation for the settlement of the dispute 
 according to the merits and substantial justice of the case. 
 
 Sec. 26. The board's recommendation shall deal with each item Form, 
 of the dispute and shall state in plain terms, and avoiding as far 
 as possible all technicalities, what in the board's opinion ought 
 or ought not to be done by the respective parties concerned. 
 Wherever it appears to the board expedient so to do, its recom- 
 mendation shall also state the period during which the proposed 
 settlement should continue in force and the date from which it 
 should commence. 
 
8 OANABIAN INDUSTRIAL DISPUTES INVESTIGATION ACT. 
 
 Report and Seo. 27. The board's report and recommendation shall be made 
 tion°to''be^fii*° ^^^ minister in writing and shall be signed by such of the 
 writing. members as concur therein, and shall be transmitted by the chair- 
 
 man by registered letter to the registrar as soon as practicable 
 after the reference of the dispute to the board; and in the same 
 manner a minority report may be made by any dissenting member 
 of the board. 
 diSributfon'of ^^*'' ^^" ^P*"* receipt of the board's report the minister shall 
 report. 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 may distribute 
 copies of the report and of any minority report in such manner 
 as to him seems most desirable as a means of securing a compli- 
 ance with the board's recommendation. The registrar shall, upon 
 application, supply certified copies for a prescribed fee to persons 
 other than those mentioned in this section, 
 of^cport*^***"" ^^''- ^^' ^•"' ^^'^ Information of Parliament and the public, the 
 report and recommendation of the board and any minority report 
 shall, without deltiy, be published in the Labor Gazette and be 
 Included in the annual report of the department of labor to the 
 _ governor general, 
 
 board ^o "sum- ^^°- ^^- ^^^ ^^^ purpose of Its inquiry the board shall have all 
 mon witnesses, the powers of summoning before it and enforcing the attendance of 
 «tc. witnesses, of administering oaths, and of requiring witnesses to 
 
 give evidence on oath or on solemn affirmation (if they are persons 
 entitled to affirm in civil matters) and to produce such books, 
 papers, or other documents or things as the board deems requisite 
 to the full investigation of the matters Into which It Is Inquiring, 
 as Is vested in any court of record in civil cases. 
 
 2. Any member of the board may administer an oath, and the 
 board may accept, admit, and call for such evidence as in equity 
 and good conscience it thinks fit, whether strictly legal evidence 
 or not. 
 sa^^on's ° * ^^*'' ^^' ^''^ summons shall be in the prescribed form, and may 
 °"° ■ require any person to produce before the board any books, papers, 
 or other documents or things in his possession or under his control 
 in any way relating to the proceedings. 
 fldetSiai"^^ '^°° ^^^' ®^' ^^^ books, papers, and other documents or things pro- 
 duced before the board, whether voluntarily or in pursuance to 
 summons, may be inspected by the board and also by such parties 
 as the board allows ; but the information obtained therefrom shall 
 not, except In so far as the board deems it expedient, be made 
 public, and such parts of the books, papers, or other documents 
 as in the opinion of the board do not relate to the matter at issue 
 may be sealed up. 
 witaesses^ ^^ ^^^- ^^' -^^ Party to the proceedings shall be competent and 
 
 may be compelled to give evidence as a witness, 
 wltaeases""^ *° ^*' ^'^^^ person who is summoned and duly attends as a 
 
 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 in- 
 . quiry is being conducted. 
 raUway^^^d^i s° ^^°- ^^' Where a reference has been made to the board of a dis- 
 putes, "pute between a railway company and its employees, any witness 
 summoned by the board in connection with the dispute shall be 
 entitled to free transportation over any railway en route when 
 proceeding to the place of meeting of the board and thereafter 
 returning to his home, and the board shall furnish to such witness 
 Failure to ^ proper certificate evidencing his right to such free transportation, 
 obey summons. Sec. 36. If any person who has been duly served with such 
 summons and to whom at the same time payment or tender has 
 been made of his reasonable traveling expenses according to the 
 aforesaid scale fails to duly attend or to duly produce any book, 
 paper, or other document or thing as required by his summons 
 he shall be guilty of an offence and liable to a penalty not exceed- 
 ing one hundred dollars, unless he shows that there was good and 
 suflSclent cause for such failure. 
 
CANADIAN INDUSTRIAL DISPUTES INVESTIGATION ACT. 9 
 
 Sec. 87. If, In any proceedings before the board, any person Contempt, 
 wilfully insults any member of the board or wilfully interrupts 
 the proceedings, or without good cause refuses to give evidence, or 
 is guilty in any other manner of any wilful contempt in the face 
 of the board, any oiHcer of the board or any constable may take 
 the person offending into custody and remove him from the pre- 
 cincts 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 board, or any member thereof, and, on being j.^°^P*°""°^' 
 authorized in writing by the board, any other person, may, without 
 any other warrant than this act, at any time, enter any building 
 mine, mine worlcings, ship, vessel, factory workshop, place or prem- 
 ises of any kind, wherein or in respect of which any industry is 
 carried on or any work Is being or has been done or commenced, 
 or any matter or thing is taking place or has taken place, which 
 has been made the subject of a reference to the board, and inspect 
 and view any work, material, machinery, appliance, or article 
 therein and interrogate any persons in or upon any such building, 
 mine, mine workings, ship, vessel, factory, workshop, place, or 
 premises as aforesaid in respect of or In relation to any matter 
 or thing hereinbefore mentioned, and any person who hinders or 
 obstructs the board or any such person authorized as aforesaid 
 in the exercise of any power conferred by this section shall be 
 guilty of an offense and be liable to a penalty not exceeding one 
 hundred dollars. 
 
 Sec. 39. Any party to a reference may be represented before the «o?®P'^^^^°**" 
 board by three or less than three persons designated for the 
 purpose, or by counsel or solicitor where allowed as hereinafter 
 provided. 
 
 Sec. 40. Every party appearing by a representative shall be Principals 
 bound by the acts of such representative. bound. 
 
 Sec. 41. No counsel or solicitor shall be entitled to appear or be Counsel, 
 heard before the board, except with the consent of the parties 
 to the dispute, and notwithstanding such consent the board may 
 decline to allow counsel or solicitors to appear. 
 
 Sec. 42. Persons other than British subjects shall not be al- Ellglbles. 
 lowed to act as members of a board. 
 
 Sec. 43. If, without good cause shown, any party to proceedings presence of 
 before the board fails to attend or to be represented, the board parties, 
 may proceed as if he had dully attended or had been represented. 
 
 Sec. 44. The sittings of the board shall be held at such time and Sittings, 
 place as are from time to time fixed by the chairman, after con- 
 sultation with the other members of the board, and the parties 
 shall be notified by the chairman as to the time and place at 
 which sittings are to be held : Provided, That so far as practicable 
 the board shall sit in the locality within which the subject-matter 
 of the proceeding before it arose. 
 
 Sec. 45. The proceedings of the board shall be conducted In Meetings 
 public, provided that any such proceedings before it, the board, Pnbllc. 
 on its own motion, or on the application of any of the parties, 
 may diiect that the proceedings shall be conducted in private and 
 that all persons other than the parties, their representatives, the 
 officers of the board- and the witnesses under examination shall 
 withdraw. 
 
 Sec- 46. The decision of a majority of the members present at a Decisions, 
 sitting of the board shall be the decision of the board, and the 
 findings and recommendations of the majority of its members 
 shall be those of the board. 
 
 Sec. 47. The presence of the chairman and at least one other Quorum, 
 member of the board shall be necessary to constitute a sitting 
 of the board. 
 
 Sec. 48. In case of the absence of any one member from a meet- Presence o f 
 ing of the board, the other two members shall not proceed, unless ™s™bei-s. 
 it is shown that the third member has been notified of the meeting 
 in ample time to admit of his attendance. 
 
 74472—17 2 
 
10 CANADIAN INDUSTRIAL DISPUTES INVESTIGATION ACT. 
 
 2. If any member of a board dies, or becomes incapacitated, 
 
 or refuses or neglects to act, his successor sliall be appointed in 
 
 the manner provided with respect to the original member of 
 
 the board. 
 
 Trivial mat- S^"- *9" '^^® board may at any time dismiss any matter referred 
 
 ters. to it which it thinks frivolous or trivial. 
 
 Employment ^Ec. 50. The board may, with the consent of the minister, em- 
 o£ experts. ploy competent experts or assessors to examine the books or official 
 reports of either party and to advise it upon any technical or 
 other matter material to the investigation, but shall not disclose 
 such reports or the result of such inspection or examination 
 under this section without the consent of both the parties to 
 the dispute. 
 
 KEMUNEEATION AND EXPENSES OE BOAED. 
 
 Eemunera- Sbc. 51. The members of a board shall be remunerated for their 
 bSs "^ ™^™" services as follows: 
 
 (a) To members other than the chairman an allowance of 
 five dollars a day for a time not exceeding three days during 
 which the members may be actually engaged in selecting a third 
 member of the board. 
 
 (6) To each member of the board, including the chairman, an 
 allowance at the rate of twenty dollars for each day's sitting of 
 the board and for each day necessarily engaged in traveling 
 from or to his place of residence to attend or after attending a 
 meeting of the board. 
 
 Acceptance of Sec. 62. No member of thri board shall accept in addition to his 
 gratuities. salary as a member of the board any perquisite or gratuity of 
 any kind from any corporation, association, partnership, or indi- 
 vidual in any way interested in any matter or thing before or 
 about to be brought before the board in accordance with the 
 provisions of this act. The accepting of such perquisite or gratuity 
 by any member of the board shall be an offence and shall render 
 such member liable to a fine not exceeding one thousand dollars. 
 
 Traveling ex- Sec. 53. Each member of the board will be entitled to his actual 
 
 penses. necessary traveling expenses for each day that he is engaged 
 
 in traveling from or to his place of residence for the purpose 
 
 of attending or after having attended a meeting of the board. 
 
 Expenses. Sec. 54. All expenses of the board, including expenses for trans- 
 
 portation incurred by the members thereof or by persons under 
 Its order in making investigations under this act, salaries of 
 employees and agents, and fees and mileage to witnesses shall 
 be allowed and paid upon the presentation of itemized vouchers 
 therefor, approved by the chairman of the board, which vouchers 
 shall be forwarded by the chairman to the minister. The chair- 
 man shall also forward to the minister a certified and detailed 
 statement of the sittings of the board and of the members present 
 at such sittings. 
 
 Duties of the Registjsae. 
 
 General du- Sec. 55. It shall be the duty of the registrar — 
 *'es. (a) To 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 every such application ; 
 
 (6) To conduct such correspondence with the parties and mem- 
 bers of boards as may be necessary to constitute any board as 
 speedily as possible In accordance with the provisions of this act; 
 
 (c) To receive and file all reports and recommendations of 
 boards, and conduct such correspondence and do such things as 
 may assist In rendering efCective the recommendations of the 
 boards in accordance with the provisions of this act ; 
 
CANADIAN INDUSTEIAL DISPUTES INVESTIGATION ACT. 11 
 
 (d) To keep a register in which shall be entered the particu- 
 lars of all applications, references, reports, and recommendations 
 relating to the appointment of a board and its proceedings; and 
 to safely keep all applications, statements, reports, recommenda- 
 tions and other documents relating to proceedings before the 
 board and, when so required, transmit all or any of such to the 
 minister ; 
 
 (e) To supply to any parties, on request, information as to this 
 act or any regulations or proceedings thereunder, and also to 
 furnish parties to a dispute and members of the> board with 
 necessary blank forms, forms of summons, or other papers or docu- 
 ments required in connection with the effective carrying out of 
 the provisions of this act ; 
 
 (/) Generally, to do all such things and take all such proceed- 
 ings as may be required in the performance of his duties pre- 
 scribed under this act or any regulations thereunder. 
 
 Strikes and Lockouts Prior to and Pending a Reference to a 
 Board Illegal. 
 
 Strikes for- 
 
 Sec. 56. It shall be unlawful for any employer to declare or bidden, 
 cause a lockout, or for any employee to go on strike, on account of 
 any dispute prior to or during a reference of such dispute to a 
 board of conciliation and investigation under the provisions of this 
 act or prior to or during a reference under the provisions con- 
 cerning railway disputes in the conciliation and labor act : Pro- 
 vided, That nothing in this act shall prohibit the suspension or 
 discontinuance of any industry or of the working of any person 
 therein for any cause not constituting a lockout or strike : Provided 
 also, That, except where the parties have entered into an agreement 
 under section 62 of this act, nothing in this act shall be held to 
 restrain any employer from declaring a lockgut, or any employee 
 from going on strike in respect of any dispute which has been duly 
 referred to a board and which has been dealt with under section 
 24 or 25 of this act, or in respect of any dispute which has been 
 the subject of a reference under the provisions concerning railway 
 disputes in the conciliation and labor act. Status to be 
 
 Sec. 57. Employers and employees shall give at least thirty maintained, 
 days' notice of an intended change affecting conditions of employ- 
 ment with respect to wages or hours, and in the event of such 
 intended change resulting in a dispute, until the dispute has 
 been finally dealt with by a board, neither of the parties affected 
 shall alter the conditions of employment with respect to wages or 
 hours, or on account of the dispute do or be concerned in doing, 
 directly or indirectly, anything in the nature of a lockout or 
 strike, or a suspension or discontinuance of employment or work, 
 but the relationship of employer and employee shall continue 
 uninterrupted by the dispute or anything arising out 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 repoijts to the minister, such party shall be guilty of an 
 offence and liable to the same penalties as are imposed for a vio- 
 lation of the next preceding section. Penalty for 
 
 Sec. 58. Any employer declaring or causing a lockout contrary causing lock- 
 to the provisions of this act shall be liable to a fine of not less than <>"*• 
 $100 nor more than $1,000 for each day or part of a day that 
 such lockout exists. Penalty for 
 
 Sec. 59. Any employee who goes on strike contrary to the pro- going on strike, 
 visions of this act shall be liable to a fine of not less than $10 nor 
 more than $50 for each day or part of a day that such employee Is 
 
 on strike. ^ . ., .., . Penalty for 
 
 Sec. 60. Any person who incites, encourages, or aids m any [nd ting to 
 manner any employer to declare or continue a lockout, or any lockout or 
 employee to go or continue on strike contrary to the provisions of strike. 
 
12 CANADIAN INDUSTRIAL DISPUTES INVESTIGATION ACT. 
 
 this act, shall be guilty of an offense and liable to a fine of not 
 less than $50 nor more than one thousand dollars. 
 Entorcing Sec. 61. The procedure for enforcing penalties imposed or au- 
 penalties. thorized to be imposed by this act shall be that prescribed by 
 
 Part XV of the Criminal Code relating to summary convictions. 
 
 jy^„ „„ Special Provisions. 
 
 Recommen- 
 dations bind- 
 ing, wiien. Sec. 62. Either party to a dispute which may be referred under 
 this act to a board may agree in writing, at any time before or 
 after the board has made its report and recommendation, to be 
 bound by the recommendation of the board in the same manner 
 as parties are bound upon an award made pursuant to a refer- 
 ence to arbitration on the order of a court of record; every 
 agreement so to be bound made by one party shall be forwarded 
 to the registrar, who shall communicate It to the other party, 
 and if the other party agrees In like manner to be bound by the 
 recommendation of the board, then the recommendation shall be 
 Application™^cl6 a rule of the said court on the application of either party 
 of act to any and shall be enforceable in like manner. 
 
 dispute. Sec. 63. in the event of a dispute arising In any Industry or 
 
 trade other than such as may be included under the provisions 
 of this act, and such dispute threatens to result In a lockout 
 or strike, or has actually resulted In a lockout or strike, either 
 of the parties may agree in writing to allow such dispute to be 
 referred to a board of conciliation and Investigation, to be con- 
 stituted under the provisions of this act. 
 
 2. Every agreement to allow such reference shall be forwarded 
 to the registrar, who shall communicate It to the other parly, 
 and if such other party agrees In like manner to allow the dispute 
 to be referred to a board, the dispute may be so referred as if 
 the industry or trade and the parties were included within the 
 provisions of this act. 
 
 3. From the time that the parties have been notified in writing 
 by the registrar that in consequence of their mutual agreement to 
 refer the dispute to a board under the provisions of this act, the 
 minister has decided to refer such dispute, the lockout or strike, 
 if in existence, shall forthwith cease, and the provisions of this 
 act shall bind the parties. 
 
 Miscellaneous. 
 Reports not 
 evidence, sjjc. 64. No court of the Dominion of Canada, or of any Province 
 
 or Territory thereof, shall have power or jurisdiction to recognize 
 or enforce, or to receive in evidence, any report of a board or 
 any testimony or proceedings before a board as against any per- 
 son -or for any purpose, except In the case of a prosecution of 
 Technical- such person for perjury. 
 *"®^* Sec. 66. No proceeding under this act shall be deemed invalid 
 
 Payment for by reason of any defect of form or any technical Irregularity, 
 services. ggp gg_ rjjjg minister shall determine the allowance or amounts 
 
 to be paid to all persons other than the members of a board, em- 
 ployed by the Government or any board, including the registrar, 
 secretaries, clerks, experts, stenographers, or other persons per- 
 Eeports of forming any services under the provisions of this act. 
 prosecutions. Sec. 67. In case of prosecution under this act, whether a con- 
 viction is or Is not obtained. It shall be the duty of the clerk 
 of the court before which any such prosecution takes 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 anything hereby authorized shall be done, and 
 also as to any other matter or thing which appears to him neces- 
 sary or advisable to the effectual working of the several provi- 
 sions of this act. All such regulations shall go into force on the 
 day of the publication thereof in the Canada Gazette, and they 
 
CANADIAN INDUSTRIAL DISPUTES INVESTIGATION ACT. 13 
 
 shall be laid before Parliament ■within fifteen days after such 
 publication, or, if Parliament is not then in session, within fifteen 
 days after the opening of the next session thereof. 
 
 Sec. 69. All charges and expenses incurred by the Government Expenses, 
 in connection with the administration of this act shall be de- 
 frayed out of such appropriations as are made by Parliament for 
 that purpose. 
 
 Seo. 70. An annual report with respect to the matters trans- Annual re- 
 acted by him under this act shall be made by the minister to PO'^t^- 
 the Governor General, and shall be laid before Parliament within 
 the first fifteen days of each session thereof. 
 
INDUSTRIAL CONCILIATION AND ANTISTRIKE LEGISLATION RE- 
 LATING TO PUBLIC UTILITIES IN VARIOUS COUNTRIES. 
 
 The following brief summary of the conciliation and antistrike 
 provisions of the laws of various countries is compiled from a pub- 
 lication of the British Board of Trade on strikes and lockouts/ issued 
 in 1912, and a report of the chief inspector of factories of Victoria on 
 the antistrike legislation throughout the Australian States,' pub- 
 lished in 1915, verified by an examination of the original texts and 
 supplemented by an examination of the more recent legislation. The 
 summary is reproduced here on account of the numerous inquiries 
 for information which have recently come to the bureau. 
 
 COIEKONWEALTH OF AUSTRALIA. 
 
 Legal machinery for the adjustment of disputes. — Court of conciliation and 
 arbitration, consisting of a president, who is a member of the Federal supreme 
 court and judges of the Federal or a State supreme court, appointed by the 
 president as his deputies. Provision is also made for conciliation committees of 
 equal numbers of employers and employees ; assessors representing the parties 
 appointed by the court to advise it and local industrial boards, equally repre- 
 sentative of workers and employers, presided over by a judge of the supreme 
 court of the Commonwealth or supreme courts of the States. The procedure is 
 varied. The president of the court may summon parties to- a dispute and by 
 conference aim to reach an amicable settlement, or there may be an investiga- 
 tion as the basis of an amicable settlement, or temporary reference of a matter 
 to a conciliation committee or local industrial board. All amicable settlements 
 have the force of a formal award. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — 
 The initiation or continuance of any strike or lockout by any organization or 
 person is prohibited. 
 
 Penalties for enforcement of antistrike legislation. — Penalty of f 1,000 
 ($4,866.50) against any person or organization responsible for a strike or 
 lockout. 
 
 NEW SOUTH WALES, 
 
 Legal machinery for the adjustment of dispute%. — In New South Wales the 
 law is similar to that of the Commonwealth and of Queensland in that there are 
 both an industrial court (which is a superior court and a court of record) and 
 industrial boards for groups of industries or callings, awards by the latter being 
 subject to amendment, variation, or rescission by the court. 
 
 1 Great Britain Board of Trade. Strikes and Lockouts. Memoranda prepared from 
 information in the possession of the labor department of the board of trade relating to 
 the text and operation of certain laws in the British dominions and foreign countries 
 afifectlng strikes and lockouts, with special reference to public-utility services. London, 
 1912. 162 pp. [Cd. 6081.] 
 
 " Victoria, Australia. Chief Inspector of Factories. Report on industrial legislation 
 throughout the Australian States. Melbourne, 1915. 30 pp. 
 14 
 
INDUSTEIAL CONCILIATION AND ANTISTEIKE LEGISLATION. 15 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — 
 Strikes and lockouts of all kinds are prohibited. An injunction may be Issued 
 by the industrial court. 
 
 Penalties for enforcement of antistrilce legislation. — Employer liable to a fine 
 of £1,000 ($4,866.50); worker liable to a fine of £50 ($243.33), which is a 
 charge on, his wages. If striker was member of a union, it may be held liable 
 for not exceeding £20 ($97.33) of the penalty. Penalty on union for aiding or 
 instigating strike is £1,000 ($4,866.50). 
 
 QUEENSLAND, 
 
 Legal machinery for the adjustment of disputes. — Industrial court adminis- 
 tered by a judge appointed by the governor in council. Local industrial boards 
 are also created on the application of a prescribed number of employers and em- 
 ployees. The court has Jurisdiction over certain classes of cases directly and 
 over others on appeal from industrial boards. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — In 
 the case of public utilities, strikes and lockouts are illegal unless a conference 
 has been held before an industrial judge and proved abortive and unless 14 days' 
 notice has been given after termination of conference and a secret ballot has 
 been taken. In all other cases 14 days' notice must be given and a secret ballot 
 taken. 
 
 Penalties for enforcement of antistrilce legislation. — A fine of £1,000 ($4,866.50) 
 may be levied on employer or union and £50 ($243.33) on worker. If worker is 
 member of a union, not to exceed £20 ($97.33) of the penalty may be levied 
 against the union. Penalties are made a charge on wages and on funds of 
 associations. 
 
 SOUTH AUSTRALIA. 
 
 Legal machinery for the adjustment of disputes. — Tlie judge of the industrial 
 court brings parties together when any dispute occur^, and may make an award 
 in trades where there is none in force, or may change an existing award. When 
 sitting to make a final adjudication, two assessors, representing the respective 
 parties to the dispute, assist the judge if he thinks fit. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — All 
 strikes and lockouts are illegal. 
 
 Penalties for enforcement of antistrilce legislation. — A fine of £500 ($2,433.25) 
 may be levied against an association and a similar fine of £500 ($2,433.25) 
 against a person, or three months' imprisonment. Fine of £20 ($97.33) or three 
 months' imprisonment for picketing. Fines are made a charge against funds of 
 associations and on wages over and above £2 ($9.73) a week. An employer who 
 refuses to employ or a worker who refuses to accept work where there is an 
 industrial agreement or award in operation may be fined. 
 
 TASMANIA. 
 
 Legal machinery for the adjustment of disputes.— Governor appoints wages 
 boards. Determination of wages boards may be suspended by the governor, and 
 the boards are then required to review their action. Appeals may be taken 
 from the wages boards to the supreme court. No provision is made for con- 
 ciliation. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — All 
 strikes and lockouts in wages boards trades on^ account of any matter as to 
 which a determination has been reached. 
 
 Penalties for enforcement of antistrilce legislation.— K fine of £500 ($2,433.25) 
 may be levied against an organization and £20 ($97.33) against an individual. 
 
16 INDUSTRIAL CONCILIATION AND ANTISTEIKE LEGISLATION. 
 
 VICTORIA. 
 No legislation. 
 
 WESTERN AUSTRALIA. 
 
 Legal machinery for the adjustment of disputes. — The court of arbitration 
 consists of a judge of the supreme court and two representatives from employers 
 and employees, all three being appointed by the governor. No provision is made 
 for local tribunals, and matters come directly before the court of arbitration 
 or the presiding judge. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal — 
 Strikes and lockouts are Illegal. An employer can not discharge a worker nor 
 can a worker cease work (1) before a reasonable time has elapsed for matter 
 to be dealt with by the court, or (2) during the time the proceedings in court 
 are pending. 
 
 Penalties for enforcement of antistrike legislation. — A fine of £100 ($486.65) 
 may be levied against Industrial union or employer, and of £10 ($48.67) against 
 worker. 
 
 NEW ZEALAND. 
 
 Legal machinery for the adjustment of disputes. — ^A court of arbitration, con- 
 sisting of three members appointed by the governor to serve for three years; 
 one " judge of the court," to have the tenure, status, and emoluments of a 
 judge of the supreme court; and one each nominated by unions of employers 
 and workmen, respectively. Councils of conciliation, consisting of a concilia- 
 tion commissioner appointed by the governor for a term of three years, to have 
 jurisdiction within a designated industrial district, and one to three assessors, 
 appointed by the commissioner for the occasion, on the nomination of the 
 parties applying for a conciliation council, a like number to be appointed on 
 the nomination of the respondents. Boards of investigation, appointed by court 
 of arbitration. The procedure is for a council of conciliation, when requested, 
 to attempt to adjust the controversy. Falling in this, the matter may be re- 
 ferred to the court of arbitration, which shall make a determination. Dis- 
 putes Involving workers on the Government railways or affecting more than 
 one industrial district may be brought before the court in the first instance by 
 application of a union of railway employees in the one case and of any party 
 to the dispute in the other. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — 
 Under the Industrial conciliation and arbitration amendment of 1908, which 
 applies only to cases where an award or an Industrial agreement is in force, 
 strikes and lockouts are prohibited. 
 
 Under the labor disputes investigation act of 1913, which applies only to cases 
 where there is not an existing award or industrial agreement, notice must be 
 given to the minister, who must refer matter to an industrial commissioner 
 or committee. If no settlement Is effected within 14 days from delivery of 
 notice to the minister the labor department conducts a secret ballot, and then 
 7 days must elapse before cessation of work. 
 
 Penalties for enforcement of antistrilce legislation. — Employer liable to £500 
 ($2,433.25) fine and employee to £10 ($48.67). In the case of public utilities 
 the penalty to the worker Is £25 ($166.66). For encouraging or instigating a 
 strike or lockout the scale of fines Is : Worker, £10 ($48.67) ; employer or union, 
 £200 ($973.30). The wages of workers may be attached for fines. Penalty for 
 striking or locking out before notice is given or before expiration of seven days 
 from the secret ballot, £10 ($48.67) to a worker and £500 ($2,433.25) to em- 
 ployer. Wages of worker may be attached. 
 
INDUSTRIAL CONCILIATION AND ANTISTEIKE LEGISLATION, 17 
 
 Remarks.— At any time during the progress of a strike 5 per cent of tlie 
 ■workers concerned may demand a secret ballot on any question relating to the 
 strike. 
 
 AUSTRIA. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — 
 Strikes and lockouts on public utilities are prohibited. 
 
 Penalties for enforcement of antistrike legislation. — Union may be dissolved 
 and funds and property seized. 
 
 Remarks. — Before forming a union the organization must notify the Govern- 
 ment authorities and send them a copy of the constitution and by-laws. The 
 authorities may then forbid the formation of the union if they consider it vi^ill 
 be dangerous to the State. 
 
 BELGIUM. 
 
 Legal machinery for the adjustment of disputes. — Trade-unions of employees 
 of public utilities are permitted under Government supervision. Employees may 
 present grievances or requests to the minister of railways, posts, and telegraph, 
 through ofilclal channels. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — 
 Strikes and lockouts prohibited on railroads and in all forms of the public 
 service (railway, postal, telegraph, and telephone service, all of which are 
 under State control). 
 
 Penalties for enforcement of antistrike legislation. — Imprisonment or fine. 
 
 Remarks. — There has been no serious strike on Belgian railroads since their 
 establishment. This is due to the fact that positions on the railways are much 
 sought after, because of stability of employment, pensions, and on account of 
 the prestige of being in the Government service. 
 
 CANADA. 
 
 Legal machinery for the adjustment of disputes. — The law is administered by 
 the minister of labor, and is under the immediate direction of the registrar 
 of boards of conciliation and investigation appointed by the governor in 
 council. Boards of conciliation and investigation are appointed by the minister 
 of labor, one member being nominated by each party to the dispute and the 
 third by those two. If nominations are not made in due time, the minister 
 appoints on his own motion. Jurisdiction by the minister is obtained by the 
 request of either party for the appointment of a board of conciliation and 
 investigation. 
 
 Conditions under which strikes and lookouts are prohibited or are illegal. — 
 Strikes and lockouts are illegal in public utilities and mines until after an 
 investigation by a Government board and the publication of its report. 
 
 Penalties for enforcement of antistrike legislation. — A fine ranging from $10 
 to $100 may be levied on each worker, and from $100 to $1,000 on each employer, 
 for each day an Illegal strike or lockout continues; also any person who 
 encourages any employer to declare or continue a lockout, or any employee 
 to go or continue on strike, illegally may be fined from $50 to $1,000. Penalties 
 are not imposed by the Government but must be enforced by the injured party 
 to the dispute. 
 
 Remarks.— The object sought in publishing the report of boards of investi- 
 gation is to enlist the coercive force of public opinion upon the side of the 
 right as found by the board. 
 
18 INDXJSTEIAL CONCILIATION AND ANTISTBIKE LEGISLATION. 
 
 SENUAIIK. 
 
 Legal machinery for the adjustment of disputes. — ^By a law passed In 1910 
 provision Is made 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 qualifications of an ordinary judge. It is 
 the duty of this court to make the parties to a dispute respect any agree- 
 ment between them. A Government conciliator is appointed for two years. 
 Whenever a strike or lockout is impending (public notice being compulsory), 
 it is his duty to intervene and attempt to effect a settlement. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — 
 Strikes or lockouts are prohibited in cases where court awards or trade agree- 
 ments are broken. In cases where no trade agreements exist a strike is legal, 
 but public notice must be given before it is started. 
 
 Penalties for enforcement of antistrike legislation. — Fines. 
 
 ENGLAND. 
 
 Legal machinery for the adjustment of disputes. — -There is no legal machin- 
 ery, strictly speaking, for the adjustment of wage disputes on the railways, but 
 effective machinery is in existence which is quasi official, consisting of an 
 agreement between the railroads and their employees, which was originally 
 negotiated by a representative of the board of trade in 1907. It was amended 
 as the result of conferences and the report of a royal commission in 1911. 
 These changes were the outcome of the railway strike in 1911. By this agree- 
 ment boards are created, with equal representation of railroads and employees, 
 to perform the conciliation work not settled by direct negotiation between the 
 parties. If a settlement can not be reached a neutral chairman or umpire, 
 selected by the conciliation boards from a panel prepared by the board of trade, 
 is called in, and his decision is final. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — 
 No 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 
 boards of conciliation are appointed by the board of trade. Arbitrators are 
 also appointed on the application of both parties, selected from panels of em- 
 ployers, employees, and "persons of eminence and impartiality" established 
 by the board of trade. For conciliation proceedings the board of trade acts 
 on its own initiative or by the request of either party ; for arbitration, on the 
 application of both parties. 
 
 FRANCE. 
 
 Conditions under which strikes and lookouts are prohibited or are illegal. — 
 The only qualification as to complete freedom of action in the railway service is 
 that any engineer, fireman, or trainman shall not desert his post during the 
 progress of a journey. Postal employees and employees in shipping service 
 controlled by the Government are prohibited from striking. 
 
 Penalties for enforcement of antistrike legislation. — Desertion of trains be- 
 tween terminals is punishable with imprisonment ranging from six months 
 to two years. Postal and other civil employees may be dismissed or suffer 
 losses in pay. The monopoly privilege may be withdrawn from the shipping 
 service on which a strike occurs. 
 
 Remarks.— In all occupations except those mentioned the right of employers 
 and employees to take concerted action in a peaceful manner with a view to 
 
INDUSTRIAL COHTCILIATION AND ANTISTBIKE LEGISLATION. 19 
 
 cessation of work has been officially recognized since 1884. On October 2, 
 1910, the National Federation of Railway -Employees of France and the Federa- 
 tion of Unions of Railway Engineers and Firemen called a general strike on all 
 the railroads of the country. The Government, using its full authority under 
 military laws, called for a mobilization of the strikers, and ordered them to do 
 military duty for three weeks. Their military duties were specified as the 
 keeping of the railways under normal working conditions under the orders of 
 their superior officers. This measure defeated the strike, which was called off 
 after six days. 
 
 GERMANY. 
 
 Legal machinery for the adjustment of disputes. — Means for enabling rail- 
 way workers of all groups to bring their requests and grievances to the notice 
 of the authorities have been instituted by all the State railway administrations 
 in Germany under the name of " workmen's committees." 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — 
 Strikes and lockouts are practically prohibited on public utilities. There are no 
 specific laws forbidding strikes, but rules and practices of railway and other 
 public utilities administration make strikes impossible. About 90 per cent of 
 the organized railway employees belong to unions, the by-laws of which specifi- 
 cally waive all claim to the right to strike. 
 
 Penalties for enforcement of antistrike legislation. — No specific penalties for 
 engaging in strikes, but workmen are forbidden to belong to unions which assert 
 the right to strike. All union organizations and by-laws are subject to govern- 
 mental sanction. The coercive force of the law is found in the fact that a rail- 
 way employee who engaged in a strike would be dismissed or fall of advance- 
 ment in his work. Every Government employee looks forward to attaining the 
 status of an " official," and this is practically impossible if he belongs to or Is 
 known to sympathize with a trade-union which does not meet with Government 
 approval. 
 
 HOIIAND. 
 
 Legal machinery for the adjustment of disputes. — Delegates are selected from 
 different groups of railway employees who are authorized to present the wishes 
 and complaints of railway workers before the managers. Arbitration boards 
 have been established for the enforcement of penalties Imposed because of in- 
 fractions of working rules and conditions. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — 
 Strikes in railway service are prohibited. 
 
 Penalties for enforcement of antistrike legislation. — Imprisonment or fine. 
 
 Bemarks. — ^Legislation prohibiting strikes was the outcome of a general strike 
 In the Dutch railway service in 1903. 
 
 ITALY. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — 
 Strikes are prohibited in railway and public service. 
 
 Penalties for enforcement of antistrike legislation. — Fine and loss of employ- 
 ment. 
 
 Remarks. — ^Legislation relative to fines and loss of employment would not 
 practically prevent strikes, because of the impossibility of enforcing the law 
 upon so many individuals. The real restraining influence is the power of the 
 Government to call out the reserves and compel strikers to resume work under 
 mllitarv law. 
 
20 INDUSTRIAL CONCILIATION AND ANTISTEIKE LEGISLATION. 
 
 OTTOMAIT EHFIRE. 
 
 Legal machinery for the adjustment of disputes. — In the case of a dispute rel- 
 ative to wages or working conditions, a conciliation board Is organized, com- 
 posed of six members, three representing employers and three representing em- 
 ployees. The boards are presided over by an official appointed by the Govern- 
 ment. The agreements reached by these boards are enforced by the Government. 
 If the parties to the dispute can not agree, the employees are free to stop work, 
 but nothing must be done by them opposed to freedom of action. 
 
 Conditions under which strikes and lookouts are prohibited or are illegal. — 
 Strikes in public utilities are unlawful until grounds of dispute are communi- 
 cated to the Government and attempts at conciliation have failed. 
 
 Penalties for enforecent of antistrike legislation. — Imprisonment or fine. 
 
 Remarks. — The organization of trade-unions in establishments carrying out 
 any public service is forbidden. 
 
 PORTUGAl. 
 
 Conditions urider which strikes and lockouts are prohibited or are illegal. — 
 Illegal in public utilities until 8 to 12 days' notice has been given, together with 
 a statement as to the causes for a strike. 
 
 Penalties for enforcement of antistrike legislation. — Loss of employment. 
 
 Remarks. — In all services, except public utilities, strikes have been expressly 
 permitted since the establishment of the Kepublic in 1910. 
 
 ROTJMANIA. 
 
 Conditions under which strikes and lookouts are prohibited or are illegal. — 
 Strikes are prohibited in public utilities. 
 
 Penalties for enforcemsnt of antistrike legislation. — Imprisonment and loss of 
 employment. 
 
 Remarks. — ^No employee of a public utility can join a trade-union without the 
 authorization of the Government. 
 
 RUSSIA. 
 
 Conditions under which striltes and lockouts are prohibited or are illegal. — 
 Strikes are prohibited among employees of public utilities. 
 
 Penalties for enforcement of antistrike legislation. — Imprisonment and loss of 
 employment. Authorities may arrest or banish strikers without bringing them 
 before a court. 
 
 SPAIN. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — 
 Strikes are illegal in public utilities until five to eight days' notice is given, to- 
 gether with a statement as to the causes of the strike. 
 
 Penalties for enforcement of antistrike legislation. — ^Leaders and officials of 
 labor organizations or concerted movements who do not make a declaration as to 
 the causes for a strike are liable to Imprisonment. 
 
 Remarks. — In industries other than public utilities strikes are expressly 
 allowed, provided they are not accompanied by threats or violence. 
 
 SWITZERLAND. 
 
 Legal machinery for the adjustment of disputes. — The Canton of Geneva has 
 established a system of conciliation and arbitration. Conciliators are elected 
 
INDUSTRIAL CONCILIATION AND ANTISTRIKE LEGISLATION. 21 
 
 directly by the two parties to the dispute. If they can not reach a settlement, 
 recourse is had to an arbitration board under Government auspices. There Is no 
 law for the settlement of disputes in the Federal railway service. 
 
 Conditions under which strikes and lookouts are prohibited or are illegal. — 
 Strikes are prohibited in the Federal railway service and In the Canton of 
 Geneva whenever an industrial agreement or award is broken. 
 
 Penalties for enforcement of antistr'ike legislation. — In the Federal service 
 strikers are punishable by fines and cautions. There are no penalties in the 
 Canton of Geneva. 
 
 Remarks. — There have been no strikes on the railways of Switzerland since 
 their nationalization In 1897. 
 
 TRANSVAAL. 
 
 Legal machinery for the adjustment of disputes. — ^The Transvaal law is ad- 
 ministered by a department of labor. Boards of investigation are appointed on 
 the request of either party to a dispute. The board has the power of the 
 supreme court as to securing evidence, etc., but can not make binding orders. 
 Failing the adjustment of a dispute by agreement, the board reports to the 
 minister of labor its recommendations, which are officially published and also 
 given to the newspapers. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — In 
 public utilities, the mining Industry, and in any other industry to which the 
 provisions of the act are extended by proclamation, strikes are unlawful until 
 after an inquiry by a Government board and until one month after the publica- 
 tion of the board's report. 
 
 Penalties for enforcement of antistrike legislation. — Any striker is liable to a 
 fine of flO to £50 ($48.67 to $243.33) a day, and. In default of fine, imprisonment, 
 or imprisonment for 3 months without the option of fine. Anyone encouraging 
 another to strike may be fined £50 to £250 ($243.33 to $1,216.63) or 6 months' 
 imprisonment. Any employer declaring a lockout may be fined £100 to £1,000 
 ($486.65 to $4,866.50) a day, or given 12 months' imprisonment. 
 
 Remarks. — The Transvaal law is based, as regards prevention and procedure, 
 upon the Canadian Industrial Disputes Investigation Act of 1907. 
 
 UNITED STATES. 
 
 Legal machinery for the adjustment of disputes. — Law providing for the con- 
 ciliation and arbitration of disputes on railways which interrupt or threaten to 
 Interrupt the business of the employer to the detriment of the public interest, 
 under the administration of a board of mediation and conciliation appointed by 
 the President. The board attempts mediation and conciliation, which failing, 
 the "board seeks to procure the submission, through an agreement of the parties, 
 of the dispute to a board of arbitration. Jurisdiction is obtained at the request 
 of either party to a dispute, or the board may proffer its services. 
 
 Conditions under which strikes and lockouts are prohibited or are illegal. — No 
 legislation by the Federal Government. 
 
 Penalties for enforcement of antistrike legislation.— 'No penalties against 
 strikes. 
 
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Cornell University Library 
 HD 5508.A3U6 
 
 Text of Canadian Industrial disputes inv 
 
 3 1924 002 406 100