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In Its judgement, fulfillment of the order would involve violation of the copyright law. Author: Selekman, Ben Morris Title: Industrial disputes and the Canadian act Place: New York city Date: 1917 MASTER NEGATIVE # COLUMBIA UNIVERSITY LIBRARIES PRESERVATION DIVISION BIBLIOGRAPHIC MICROFORM TARGET ORIGINAL MATERIAL AS FILMED - EXISTING BIBLIOGRAPHIC RECORD Ruelness 267 Se4 1 Selekman, Ben Morris. Industrial disputes and the Canadian act; facts about nine years' experience with compulsory investigation in Canada, by Ben M. Selelanan ... New York city, Division of industrial studies, Russell Sage foundation, 1917. 42 p. incl. tables, diagrs. IZ''^. [Russell Sage foundation, New York. Division of industrial studies. Pamphlets. IS 5j "Reprinted from the Survey, March 31, 1917." Bibliography: p. 39-41. 1. Arbitration, Industrial— Canada. i. Title. 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SELEKMAN REFanrTED FROM The Survey ^AECH 31, 1917, BY THE DiviMow OP Industrial Studies Russell Sage Foundatiok 130 East }22d Street N«w York City Price 20 CenU W3^ LIBRARY School of Business INDUSTRIAL DISPUTES AND THE CANADIAN ACT FACTS ABOUT NINE YEARS' EXPERIENCE WITH COMPULSORY INVESTIGATION IN CANADA By BEN M. SELEKMAN Reprinted from The Survey March SI, 1917, bt the DiTisioN OF Industoial Studies Russell Saoe Foukdatiox 130 East 29d Street New York Citt April, 1917 Price 20 Cents I I TABLE OF CONTENTS Canadian Opinion 4 Repeal Asked for by Labor 7 Procedure Under the Act 8 Serious Strikes in the West 15 The Act a Failure in Coal Mining 17 Railroads and Other Public Utilities 18 Results Among Public Utilities 21 Violations of the Act 21 Penalties Not Enforced 24 Lessons for the United States 25 The Community Ought to Have the Facts 27 Appendix A. Statistical Tables 29 Appendix B. Bibliography 39 INDUSTRIAL DISPUTES AND THE CANADIAN ACT COMMENT in the United States on the Canadian industrial disputes investigation act within the last six months has been at once abundant and diverse. "The wisest and most successful labor legislation anywhere adopted," Charles W. Eliot wrote of it. "A false step, reactionary, un-American," is the verdict of Samuel Gompers on its application to this country. These two remarks typify the discussion that has been going on since President Wilson first recommended to Congress that it pass an act similar in principle to the Canadian law. The administration bill, modeled on the Canadian law was outlined by John A. Fitch in the Survey for January 27.* The object of this inquiry is to analyze the Canadian law and ex- amine the claim made for it and the facts about its operation. The material is based on a study of official reports, and inter- views with labor men, employers, public officials and inter- ested citizens in eastern Canada. Under the law in question, which was enacted in 1907, it is illegal to declare a strike or lockout in mines or other public utilities until a full investigation into the merits of the dispute has been completed. Thirty days' notice must be given of any intention on the part of either employer or workers to secure a change in wages or working conditions. If at the end of this period no agreement has been reached, application must be made for a board of investigation and conciliation. The min- ister of labor then arranges for the creation of such a board, one member of which is nominated by the employers, one by the employes and a third by joint recommendation of the other two members. This board considers the facts of the case in dispute and makes its report to the minister of labor. After that em- ployers and employes are free to accept or reject the recom- mendations and to resort to strike or lockout. Penalties are provided, ranging from $10 to $50 a day for each man, if em- ployes strike, and from $100 to $1000 a day if employers lock out their workers, without asking for a board or without wait- ing for its decision. For nine years this law has been operating in Canada. What is thought of it there is more significant, therefore, than what •Involuntary Servitude and the Right to Strike, by John A. Fitch. Survey, January 27, 1917. The I people say about it in the United States. Does the law force men into "compulsory servitude"? Has it established indus- trial peace? Canadian Opinion In the Dominion, as in the United States, opinion is divided. As in this country, public officials and employers are lined up in favor of the act; but, contrary to the status of opinion in this country, organized labor is not unanimous in condemning it; nor do those groups of vrorkers in Canada who criticize the act, follow the same line of argument as their fellow workers in this country. Interested citizens with hardly any exception approve the law. "The act has not been a panacea," said an editor of a large Canadian newspaper, "but it is a pretty good thing. It postpones the occurrence of a strike and gives sober-minded people a chance to exert moral influence in bringing the two parties to an amicable settlement." "The act is based on the principle of arbitration," declared a prominent prelate, "and, therefore, is a very fine thing. It tries to do away with the strike altogether, because it brings the employer and employe together and in this way helps toward an understanding be- tween them before a strike may occur." The degree of public approval accorded the act can be meas- ured effectively by the attitude of political parties. The Lib- eral Party is responsible for its existence, but the Conserva- tive Party, now in power, has declared through the minister of labor that it will not repeal the law in spite of some objec- tion from organized labor. It intends, rather, to amend and perfect it in order to insure more equitable and effective ope- ration. Executives of public utility companies reinforce the general argument of public men with their own first-hand experiences. "The act is all right," declared a representative of the Ship- ping Federation of Canada, "because it prevents hasty action," and he went on to explain how it has helped to maintain a peaceful relationship between longshoremen and shippers in Montreal. "Now, suppose two or three labor leaders come in here," said an executive of a large railroad, illustrating the benefits of the act, *|and they have a thousand men behind them. They put certain demands up to us and say: 'Here, you, give these to us or we'll strike by such and such a time.* Well, we can say to them: 'There is a disputes act on the statutes; you'll have to apply for a board or violate the law,' and thus they are prevented from taking precipitate action against us. "We had a recent case," he continued by way of concrete illustration. "The men demanded certain increases in their wages, and we informed them that we could not grant the rates desired. They then applied for a board and the report of the board was in their favor. For a time we hesitated to accept the report. But after considering everything — the con- dition of the labor market, etc., we decided to accept the award, because we knew that if the men struck, they would win. That's the beauty of the act. It gives us a chance to think over and consider all these things." Mining operators, on the other hand, while commending its principle, complain that the act does not work equitably for them, because the penal clauses cannot be enforced against their employes when the latter violate the law. So far as labor is concerned, the Canadian Federation of Labour has gone definitely on record as not only approving the law but favoring an extension of its provisions. At its last convention a resolution was adopted favoring compulsory awards. This body is, however, a small organization ; its mem- bership consists of about 7,000. The international unions, on the other hand — those affiliated with labor organizations in the United States — number over 100,000 wage-earners. We must look to the body representing these unions, the Trades and Labour Congress, which is affiliated with and corresponds to the American Federation of Labor and to the railway unions, for a more representative body of opinion. The maintenance-of-way employes and railroad telegraphers, who both singly and jointly have had the greatest experience with the act, are most enthusiastic proponents of it. So much are they in favor of it that in 1912 they severed their affilia- tion with the Trades and Labour Congress because in 1911 the latter went on record as desiring its repeaL "As one who has had possibly the greatest experience with the act . . . ," A. B. Low, the former president of the Order of Maintenance-of-Way Men wrote in 1914, "I do not think it would be right for me to let an opportunity go by of saying a good word for the act. . . . We have invoked [it] in nine cases ... in which, when conferences between the officials and the representative of the employes failed to reach an agreement, a board was applied for and an award made and ac- 5 1 f ceptcd. . . . That our organization on both sides of the line knows by practical experience the benefit of the act may be judged by the fact that, at the Atlanta convention of the American Federation of Labor, our delegates introduced a resolution asking that similar legislation be advocated and passed upon by the Senate and Congress of the United btates; and that, I am sure, is the opinion of our membership A prominent Canadian official of the Order of Railroad 1 elegraphers spoke in the same vein : "1 feel that the act has been of distinct advantage to our or- ganization. We have always secured favorable results by refer- ence of disputes to boards. It has been especially helpful in TJLt.T -^'i ''''?'• ^^'/^'^ I negotiated twenty trade agreements. The existence of the act with its threat of pub- licity was a great help to me in getting these agreements. In not one case did I have to take a strike vote, while officials of my organization in the states had to take many strike votes in tneir eltorts to get similar agreements." The Brotherhood of Locomotive Firemen and Enginemen in Canada is friendly to the principle of the act, but desires some changes in it. rJnw'r n^ '" '^' f ''.°/ P"^^*'" ''^^'^'''" ^ prominent offi- cial of the Dommion Legislative Board of this union explained, the pubhc interest is so vital that there ought to be an in- vestigation before a strike or lockout shall occur and the pub- lic ought to have an opportunity to acquaint itself with the -rl : k T ^bsohitely opposed to compulsory arbitration. In^V .• • Z-a^^"' °^ ^^^ '^^'' '^'^"^h- B"^ compulsory investigation IS different It may be that the disputes aS has injured the interest of the workers. But that has nothing to do with the principle of the act. If there has been unfair- ness m Its operation, the law ought to be amended." The Brotherhood of Locomotive Engineers on the other hand, IS a most bitter opponent of the act. Its legislative board expressed itself in no unmistakable language last November in this r^olution: "That this board do all in its power to have books"" '^" ^'^"^^ investigation act wiped ofF the statute "The opinion against it was practically unanimous," an offi- cial of this board explained. "While some of the men spoke of some minor advantages, yet all of them thought that there were no real benefits from the operation of the act. It simply caused a lot of delay and expense. Many times, when an ad- justment committee would go to the railroad manager and say that they wanted to negotiate a new agreement, the man- 6 ager would simply say: 'Gro and apply for a conciliation board under the disputes act.* " The Trades and Labour Congress, which includes within its membership the other craftsmen coming within the scope of the act, such as miners, machinists and others employed on railways, street-car employes and longshoremen, also adopted an unfavorable resolution at its convention last No- vember: "That we go on record as opposing the Lemieux [disputes] act in its entirety." This is a change from the original attitude of this body. When the act was first intro- duced in Parliament, it had the endorsement of the president of the congress, who was a member of Parliament, and in the convention of that year the principle of the bill was endorsed by a vote of eighty-one to nineteen. In every year following 1907 until 1911 amendments were asked for to improve the administration of the law. In 1911, for the first time, the organization went on record as desiring its repeal, by adopt- ing the following resolution unanimously: Repeal Asked for by Labor "While this congress still believes in the principle of investi- gation and conciliation and while recognizing that benefits have accrued at times to bodies of workmen under the operation of the Lemieux [disputes] act, yet in view of decisions and rul- ings and delays of the Department of Labour in connection with the administration of the act, and in consequence of judi- cial decisions like that of Judge Townsend, in the province of Nova Scotia, determining that feeding a starving man on strike [i.e., giving strike benefits] contrary to the act, is an offence under the act : Be it resolved, that this congress ask for the re- peal of the act." In 1912 the resolution adopted in the previous year was repeated by the labor congress. In 1913, 1914 and 1915, the congress modified its position and went on record as desiring amendments, but in 1916, after long and heated discussion they asked again for the repeal of the law. "The principle of the act is all right," one prominent union official remarked in explaining the last action of this body, "but you can boil it all down to a question of administration. The minister of labour has refused to establish boards in one or two cases and that has made the men feel that he is not administering the law in their favor." "The delegates were so worked up over their grievances," writes a prominent representative of organized labor, also re- ferring to the resolution, "that they were in no mood to dis- I I tinguish between the principle of the act and its administra- tion. The extent to which this is true can be inferred from the fact that the delegates rejected, without calm consideration or criti- cism the measure drafted by their own solicitor as a substi- tute for the present one, in order to meet the objections pre- viously raised by them. Representatives of this organization, together with membere of the railway labor unions, complain about the difficulty of securing a report favorable to labor. "The very personnel of the boards are against the interests «^u Z^?^^^^» said an official of the Machinists' Union. 1 he chairman casts the deciding vote on these boards. In ninety-nine out of one hundred cases, the two members ap- pointed by the employer and the men cannot agree upon a mutually suitable person. The minister of labour has to choose him, and he usually selects a judge or some professional man whose point of view is capitalistic and who has no sympathv for the working class. As a result, from the very beginning the chanca are against getting a favorable decision for the workers. The chairman ahnost invariably lines up with the representative of the employer." It is interesting and significant that hardly any of the Ca- nadian trade unionists advance the argument heard in this country against President Wilson's measure— that such a law means compulsory servitude for the wage-earners. On the contrary, most of them approve of the principle of the law and direct their criticism purely against administrative de- tects. Their objections are chiefly that the minister of labor has refused to appoint a board on one or two occasions upon the apphcation of a local union ; that delays have often char- acterized the appointment and the hearings of the boards; and tiiat It is difficult for them to secure a favorable decision. Procedure Under the Act— Conciliation To understand the objections of organized labor in Canada we ought to know the nature of the procedure under the act' Contrary to the common conception in this country the dis- putes act ha5 operated not as a "compulsory investigation," but as a concihation" measure. That is, the machinery of the law IS used to bring together the opposing parties under public auspices and to adjust their difficulties. The compulsory featur^ of the act which impose a penalty for violation and the definite rules of procedure have not been emphasized in its 8 administration. For this reason, the use of stenographers at the hearings held in the presence of the boards has always been discouraged. "Experience in the administration of the act," says the reg- istrar of the boards appointed under the act, in one of his re- ports, "has appeared to show that it is more effectively operated when freed, so far as possible, from the formal procedure sug- gestive of the ordinary judicial court. The taking of sworn evidence with stenographer's report has been particularly dis- couraged as having proved far from conducive to an amicable adjustment of difficulties. . . . The most obvious virtue of the act lies ... in bringing the parties together before three fel- low-citizens of standing and repute . . . where a free and frank discussion of the differences may take place and the dis- pute may be threshed out. . . . Granting that such discussion and investigation take place before a strike or lockout has been declared and that the board acts with proper discretion and tact, the chances are believed to be largely in favor of an ami- cable adjustment. ..." The minister of labor prefers to have the law operate as a flexible, conciliation measure. He has taken the position that he will not establish a board when the cause of the dispute is the desire for recognition of a union on the part of the em- ployes. He will not grant one when the workers of several employing companies apply for one, and when these companies will not agree upon a joint representative; and in cases where two unions may be organized and struggling for supremacy, if one of these organizations objects to such procedure. The conciliatory spirit and flexible manner in which the act has been administered has probably been responsible for the de- lays of which organized labor complains. The official reports of the Canadian Department of Labour indicate that at times long periods have elapsed between the application for boards, their constitution and the rendering of their reports. Ninety per cent of the boards established have been applied for by employes, whose usual custom is to recommend their representative in the application.* Under the law, five days are given to the employers for the nomination of their representa- tive. Five additional days are allowed the two members so ap- pointed to select a chairman. The board should be completely established within fifteen days after receipt of application. The minister of labor has discretionary power to extend the length of these periods and generally does so. * See table 1, p. 30. IK ^'1 Thus of the 161 boards that have been constituted in the last nine years, only sixty were established within the fifteen days. It took between sixteen and thirty-one days for sixty- six and between thirty-one and forty-six days for twenty-one boards to be constituted. For six boards, between forty-six and sixty-one days, and for eight boards, more than sixty-one days elapsed.* The workers think their cause suffers also from long periods elapsing between the application for boards and the filing of their reports. For only twelve, or about 8 per cent of the disputes, was this period less than thirty-one days; for forty it was thirty-one to forty-six days; for thirty-six, between forty- six and sixty-one days; for eighteen, between sixty-one and seventy-six days. For an additional twenty-two, between seventy-six and ninety-one days; and for thirty, or about 19 per cent of the cases, more than ninety-one days, or three months, were consumed between the application for a board and the rendering of the final report. For three cases this information is not available.! In reply to the complaints of organized labor with reference to these delays, officials of the Department of Labour main- tain that, considering the vast distances over which they have to operate, the boards arc appointed quite promptly. If delays do occur, they are in accordance with the conciliatory spirit in which the act is administered. Files in the department show that employers very frequently delay the procedure by asking for extensions of time. "But we don't want to ride rough-shod over a company," explained a prominent official of the department. "If they say that they will not appoint a representative, we tell them they must do so, and we try to reason with them that they should comply with the law. If they ask for an extension of time, we grant it to them and try to hurry the proceedings on as fast as pos- sible." How far these delays constitute a real grievance should be indicated to some extent by the character of the reports, when they are finally rendered. They should also show whether, as many trade union officials contend, it is difficult for labor to secure a favorable report because of the bias of the chairman, who, according to them, is chosen almost always by the minis- ter of labor. * See table 4, p. 33. t See table 5, p, 33. 10 For the nine-year period ending March 31, 1916; there were altogether 161 fully established boards which conducted hear- ings.* In ninety-two of these disputes, or over one-half, the reports were unanimous. In only thirty-five cases did the employes' representative dissent from the majority report, and in twenty, the employers' representative dissented. In three cases both dissented from certain features of the reports, and in the remaining eleven either no decision was rendered or the nature of the report is not clearly indicated.! This record seems to show that the unions need to revise their claim that it has been difficult for them to secure favor- able decisions. In only twenty cases did strikes occur or continue after the dispute had come within the scope of the act.^ In some in- stances, moreover, a basis of collective bargaining has been established between employers and their men, leading to the signing of long-term agreements. Nor is it correct to say that the representatives of em- ployers and employes usually fail to agree on the third person to be nominated as chairman, thus leaving the choice to the minister of labor. In nearly one-half, or seventy-five, of the 161 boards which were fully established, the appointment was made on the recommendations of the two other members of the board. § Although the proportion of failures to agree on the nomination of chairmen seems large, the facts do not seem to bear out the contention that the administration of the act has injured organized labor in Canada to any great extent. So far, however, we have been considering the success of the act on the sole basis of those disputes which have been referred to it. It is here that the greatest danger of error lies. Most comments in this country on the operation of the act are based on the reports of the registrar of the boards. But these documents contain an account mainly of those disputes which have been referred for adjustment under the act; they do not give the complete facts about the frequency and the importance of all the strikes which have occurred in those industries com- ing within its scope. For this information we must go to the • The total number of applications for boards has been 191. In twenty-two cases no boards were established; in eight they were partially established. See table 2, p. 31. t See table 6, p. 34. i See table 10, p. 38. § See table 3, p. 32. 11 r • 1^'"' 7T' °V'"'"^ ""'' '°'='^°"ts (covering the years 1901- ord^n?;nri*"ri """ established fn 1900 and has kept a rec- » xvxdrcii oi, lyio. iJecause of war condit om thprp iviarcn :(1, 1916) and none of them has been serious The disputes act became a law on March 22, 19oT Td it fe herefore, possible to compare the import;„ce of strte „' On T^ T°'^ ''^^°" ='"'* '^'" its'operation '" Une difficulty must necessarily be encountered in usine the comparative figures of the period before and after "he act^! xtr the~:u f T^- '' -'^ ^» "- -poSir;::; last nt ;;:r: o:;- H cTtiS r; th^ "^^zr^^. ■■" '"^ a^lal^dtrtrTr -^f ^- -'^^" "- "^-=^ rSt ve bTJ ^'T""'^^' " ^°"" *"= "^"al methods hi Z?^ .• "f^^u "°* """""^ """^^ J-^^-^ been called by htae "f^'h""":.'^ *^ ''\'^^^ "°t Provide a simple ma- must S bo nfn mtn-V-^ '''?'^"'*'^- "Tbese questions "a^ LlJ^r . K, u '."i"<'g'"g the degree to which this law has helped to establish mdustrial peace in Canada. rhe particular problem for which the act was devised w« industrial unrest in coal mines Tn ^Qf^f, i , prairies were facing the danger of freezing to death Th! 12 The act was thus devised with particular reference to strikes in coal mines. A very important test of its efficacy is, there- fore, its success in diminishing the social cost of industrial dis- turbances in this industry. The period during which the act has been in operation has been practically simultaneous with the one in which the United Mine Workers have attempted to extend their organization in the important coal fields of Canada. These coal areas are the Crowsnest Pass region, which embraces the southwestern portion of Alberta and the eastern portion of British Colum- bia; Vancouver Island, on the extreme western end of British Columbia; and Nova Scotia, the extreme eastern portion of the Dominion. From the point of view of production the east- em and western coal fields are aknost of equal importance, but from the point of view of consumption a strike in the western coal fields causes much greater suffering than does one in Nova Scotia. The winters are much colder and the per capita con- sumption of coal higher in the western provinces. The trans- continental railroads are largely dependent on these western mines for their fuel; without them, it would be almost im- possible to move the large wheat crops, the chief asset of the Dominion. Serious Strikes in the West It is in this western district, the Crowsnest Pass region, that the most serious coal strikes have taken place, both before and after the act was passed. The United Mine Workers of America entered Canada in 1902 and began organizing the miners in this region. In 1906 the first strike, under their auspices, the one which resulted in the passage of the disputes act, was called. The agreement which brought this strike to an end expired on April 1, 1907. On April 9, these western miners applied for a board, and on April 16, while it was being constituted, they struck, this being the first violation to be charged against them. The board could do very little, but the deputy min- ister was again instrumental in bringing about a settlement. An important coal-mining strike also occurred in Nova Scotia — not under the auspices, however, of the United Mine Workers — over rates of pay. The total time losses for strikes in coal mines for the year, the first after the act was passed, 13 m -s cd C O .S ^ (0 «*^ 1-1 "* •a (d o M C CO S CO V I ^ o *-» ia o • « O li* 4 • •^ if\ m K> CD ITS r^ UN as UN ~ 0\ vq I 4» Vl 29.5 ^SIO^'^^-♦^ff»♦^. C^l «— t I— I OS (N C^ Oi CO i a o g H "3C>»C0O00»O eoi-it^c^ t-i H i^ »-i N i-» N »-• CO CO Tt* a> ".a « o 5 Cl r «• « J3 o t« 2 -S 2 2 S .. I J3 »" O n o h bO 09 ^ ^ a Si a> DQ' 09 .25 S S o>3 S .2 ^ „ P "3. -< ® 03 o ■5 8 "a -o d «> 0) aJ 08 2 .« ►2H 30 QQ O o H QQ H ?« »— I '-' ■^ 1-1 2^ CO < sg <3 OS t-H *-H Q . Is gg QQ o Q P3 n 09 •a c8 to -rtHi-i -fH .C0Q0t^OT^ 0: N 1— t S o5 CO r-t in 1-i 1-i 1—t -^ 1-^ «o S.-s 1— ( iH « ts ^ QQ .2 *-M • ^M TTi ■^ 3 _C3 ^ s b D* § •0 • ,13 d 5° .«i3 * ^4 b£ >> eg t-l 13 sg'.s ,£3 •^ a s 5 t* c_s ,^ flj *^ flj tr* n »— t c C •? 8 I 8 S a> i OS « ^ :: 03 0) V V a "9 ^ •a © js Q, a — •ir ^ ^ -s '-S * S o © "* ^ +j o 3 2 aa «« 3 * OB T3 « c8 C 0) ^ — C © s ^ » ■*= JD © •t* ^ H © « 31 . O Tt< CO 1— t lO 1— I t-H tH C^OCOOiCO^ C^ CO QO o 00 C> « !'§ -I o .o o d ^ a II 08* •C '«3 P-S i^ "So i> 1.2 © 03 TABLE 4.— TIME ELAPSING BETWEEN APPLICATION FOR BOARDS UNDER THE CANADIAN INDUSTRIAL DISPUTES INVESTIGATION ACT AND THE CONSTITUTION OF THE BOARDS, BY INDUSTRY. MARCH 22, 1907 TO MARCH 31, 1916 Cases in which period between application and constitution was Industry Less than 16 days 16 days and less than 31 31 days and less than 46 46 days and less than 61 61 days or more All boards Public utilities Coal mining 17 6 12 8 5 4 9 4 31 7 4 8 7 3 9 1 • • 1 3 i 1 1 • « 1 • • 5 • • • • 1 37 Other mining 13 Railroads 58 Street railways Shipping 17 10 All other 14 Total 52 63 21 6 ' 7 149 Industries other than pubhc utilities 8 3 • • • • 1 12 Grand total 60 66 21 6 8 161 a — These are industries to which the compulsory features of the act do not apply. TABLE 5.~TIME ELAPSING BETWEEN APPLICATION FOR BOARDS ESTABLISHED UNDER THE CANADIAN INDUSTRIAL DISPUTES IN- VESTIGATION ACT AND THE REPORT OF THE BOARDS, BY INDUSTRY. MARCH 22, 1907 TO MARCH 31, 1916 Cases in which period between application and report was All boards Industry Less than 31 days 31 days and less than 46 46 days and less than 61 61 days and less than 76 76 days and less than 91 91 days or more Public utilities Coal mining. . . . Other mining. . . Railroads Street railways. Shipping All other 3 • ■ 2 ■ • 2 • • 7 3 12 6 5 5 12 6 10 4 1 2 6 1 6 2 • ■ 2 6 2 7 2 1 3 3 1 19 2 1 2 37 13 56 16 10 14 Total 7 38 35 17 21 28 146 Industries other ^ than public util- ities'* 5 2 1 1 1 2 12 Grand total . . 12 40 36 18 22 30 158& a — These are industries to which the compulsory features of the act do not apply. 6 — Information on this point was not available for 3 of the 161 boards established under the act. 33 m H CO CO Q2 ^ CO < -^ go w Q ^ <3 « O . 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'"£ -So -g 3 « 5 3JS • o .s:a ^ £ -3 ^ .2*15 fa 8 .s 1 •■4 IS 38 APPENDIX B BIBLIOGRAPHY Acland, F.A. Canadian Legislation Concerning Industrial Disputes. The Labour Gazette of Canada, April, 1916. Ottawa. As the registrar of boards under both the Liberal and Conterrm- tive regimes, the author describes in this article strike legisUtion prior to the disputes act, the present law, and the manner in whicn it has operated. Askwith, George. Report to the Board of Trade on the In- dustrial Disputes Investigation Act, 1907. London, 1913. The author, who is Chief Industrial Commissioner of the United Kingdom, was sent to Canada by the British Government in 1912 for the purpose of inquiring into the working of the disputes act. His report is the result of interviews with "several hundred em- ployers, workmen, trade union officials, public men and government officials." He analyzes the operation of the law, the attitude of employers and organized labor, and gives his conclusions as to the value of the act. Canada. Department of Labour. Annual Reports of the Department of Labour for Fiscal Years ending March 31, 1901-1916. Ottawa. Each report gives both descriptive and statistical material for strikes and lockouts occurring during the preceding year. Draft Bill Now Under Consideration by the Minister of Labour Consolidating and Amending the Industrial Disputes Investigation Act, 1907, and the Conciliation and Labour Act with Introductory and Explanatory Notes. Ottawa, 1914. The Minister of Labour has had this bill drafted in order "to remove a number of objections to the 1907 Act and to remedy its defects, and a number of new provisions relating to industria^ agreements, false representations and other matters have been added. Because of the European War the introduction of this bill m Par- liament has been postponed. -The Labour Gazette (published monthly). Ottawa. Each issue contains an account for the preceding month of indus- trial disputes and of proceedings under the disputes act. , Fifth Annual Report on Labour Organization in Canada. Ottawa, 1915. A descriptive and historical account of the various labour organi- zations in Canada, both national and international. Annual Reports of the Registrar of Boards of Concilia- tion and Investigation of Proceedings under the Indus- 39 s-i trial Disputes Investigation Act, 1907, 1907-1916. Ottawa. An account and tabular list of disputes which have been referred to boards, and the results of such reference. The reports are cumu- lative. The one for the fiscal year ending March 31, 1915, also contains the text of the act. Special Report on Strikes and Lockouts in Canada from 1901 to 1912. Ottawa, 1913. A statistical analysis of the strikes and lockouts occurring in Canada from 1901 to 1912. Some descriptive material is given for the more important industrial disturbances. Clark, Victor S. The Canadian Industrial Disputes Investi- gation Act. United States Bureau of Labor. Bulletin No. 76. pp. 657-740. Washington, 1908. ^ ^The Canadian Industrial Disputes Investigation Act. United States Bureau of Labor. Bulletin No. 76. pp. 1-29. Washington, 1910. ^The Canadian Industrial Disputes Act. Proceedings of the Academy of Political Science in the City of New York, Jan., 1917. pp. 10-19. New York, 1917. Dr. Clark visited Canada at the request of President Roosevelt in 1908 and again in 1909, "with a view of ascertaining the adapta- bility of the statute to the requirements and conditions of the United States." In these papers he analyzes the operation of the act, the attitude of public men, employers and organized labor, and discusses its applicability to conditions in this country. King> W. L. Mackenzie. The Canadian Method of Pre- venting Strikes and Lockouts. 16 p. New York, 1912. (Published by Railway Business Association, 2 Rector Street, New York.) Reprint of an address delivered at the fourth annual dinner of the Railway Business Association, on December 19, 1912. A vivid description of the workings of the disputes act by its author and former administrator. O'Donoghue, J. G. The Industrial Disputes Act. Toronto, 1916. (Published by J. G. 0*Donoghue, 241-2 Con- federation Life Chambers, Toronto.) A draft of a bill prepared for the Canadian Trades and Labour Congress to meet the objections voiced in conventions of this body, against administrative defects of the present statute. Parkinson, Thomas I. Constitutional Aspects of Compulsory Arbitration. Proceedings of the Academy of Political Sci- ence. Jan., 1917. pp. 44-81. New York. In addition to the constitutionality of compulsory arbitration, the constitutionality of the principle of the Canadian disputes act is also discussed in this paper. 40 Shortt, A. The Canadian Industrial Disputes Act. Ameri- can Economic Association. Publications, April, 1909, 3d series; Vol. 10; pp. 158-173. A description of the technique used by the author, as chairman^ of 11 boards in the first two years of the operation of the act, to bring about an amicable settlement of diflFerence between employers and their workers. Trades and Labour Congress of Canada. Annual Pro- ceedings, 1907-1916. Ottawa. These proceedings contain summaries of debates and resolutions adopted at annual conventions, relative to the disputes act. 41 OTHER PUBLICATIONS OF THE RUSSELL SAGE FOUNDATION DEALING WITH TRADE UNIONISM AND INDUSTRIAL DISPUTES BOOKS StMl Workers, The. By John A. Fitch. lUus. xiii, 380 pp. Price $1.50; postpaid, $1.73. The twelve-hour day and seven-day week, strikes, breakdown of trade unionism, work of immigrants, wages, and processes of work in steel in- dustry of Pittsburgh. Longshoremen, The. By Charles B. Barnes. Illus. xx, i287 pp. Post- paid, $3.00. Irregular employment, earnings, trade unionism, types of dock work and workers in New York harbor. Summaries of conditions in Boston, Liverpool and Hamburg. Wage-Earning Pittsburgh. By Kellogg, Commons, Kelley and others. Illus. XV, 582 pp. Price $2.50; postpaid, $2.75. C END OF TIT