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 the 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 appointed by the minister, the registrar shall notify the parties of pointment. 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 office from the time of his appointment until the report of the board is signed and transmitted to the minister.

Term.

Pecuniary

SEC. 11. No person shall act as a member of a board who has 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 appointment of every person appointed.

SEC. 13. Before entering upon the exercise of the functions of 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.

Oath.

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

sions of this act.

PROCEDURE FOR REFERENCE OF DISPUTES TO BOARDS.

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 appoint 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 exception 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;

and

(b) A statutory declaration setting forth that, failing an adjust- Declarations. ment of the dispute or a reference thereof by the minister to a board, to the best of the knowledge and belief of the declarant a lockout or strike will be declared, and (except where the appli

Signatures to application.

Transmission.

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 affects employees in more than one Province, 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 recognized 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 settlement 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.

SEC. 16. The application and the declaration accompanying it— (1) If made by an employer, an incorporated company or corporation, 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 company 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 or by a vote taken by ballot 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 Province 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 recognized 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.

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 apother party. pointment of a board the party making application shall, at the time of transmitting it to the registrar, also transmit, by registered letter to the other party to the dispute, or by personal delivery, a copy of the application and of the accompanying statement and declaration.

Reply.

Persons to be notified.

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.

SEC. 20. Copies of 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;

(2) An employer other than an incorporated company or corporation, 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 employees, 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 members of a trade union—

(a) 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

(b) Where some of the employees are not members of a trade union and there are no persons authorized to represent such employees, 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 Jurisdiction. in that behalf made in due form by any party thereto; provided that no dispute shall be the subject of reference to a board under this act in any case in which the employees affected by the dispute are fewer than ten.

Reference to

SEC. 22. Upon the appointment of the board the registrar shall 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.

FUNCTIONS, POWERS, AND PROCEDURE OF BOARDS.

SEC. 23. In every case where a dispute is duly referred to a 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 adjourn 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 parties 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.

Duties of

board.

Settlements.

SEC. 25. If a settlement of the dispute is not arrived at during Recommendathe course of its reference to the board, the board shall make a tions. 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 circumstances, 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 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 recommendation shall also state the period during which the proposed settlement should continue in force and the date from which it should commence.

Form.

recommenda

distribution of report.

Report and SEC. 27. The board's report and recommendation shall be made tion to be in to the minister in writing and shall be signed by such of the writing. members as concur therein, and shall be transmitted by the chairman 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. Filing and SEC. 28. Upon receipt of the board's report the minister shall forthwith cause the report to be filed in the office 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 compliance 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. Publication SEC. 29. For the information of Parliament and the public, the report and recommendation of the board and any minority report shall, without delay, be published in the Labor Gazette and be included in the annual report of the department of labor to the governor general.

of report.

etc.

Powers of board to sumSEC. 30. For the purpose of its inquiry the board shall have all mon witnesses, the powers of summoning before it and enforcing the attendance of 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.

SEC. 31. The 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.

SEC. 32. All books, papers, and other documents or things produced 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.

SEC. 33. Any party to the proceedings shall be competent and may be compelled to give evidence as a witness.

SEC. 34. Every 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 in the superior courts in the province where the inquiry is being conducted.

SEC. 35. Where a reference has been made to the board of a dispute 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 a proper certificate evidencing his right to such free transportation. 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 exceeding one hundred dollars, unless he shows that there was good and sufficient cause for such failure.

SEC. 37. If, in any proceedings before the board, any person 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 officer of the board or any constable may take the person offending into custody and remove him from the precincts of the board, to be detained in custody until the rising of the board, and the person so offending shall be liable to a penalty not exceeding one hundred dollars.

Contempt.

etc.

SEC. 38. The board, or any member thereof, and, on being Inspections, 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 workings, ship, vessel, factory workshop, place or premises 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.

tion.

SEC. 39. Any party to a reference may be represented before the Representaboard 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 bound by the acts of such representative.

SEC. 41. No counsel or solicitor shall be entitled to appear or be 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 allowed to act as members of a board.

bound.

Principals

Counsel.

Eligibles.

Presence of

SEC. 43. If, without good cause shown, any party to proceedings 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 consultation 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.

Meetings

SEC. 45. The proceedings of the board shall be conducted in public, provided that any such proceedings before it, the board, public. on its own motion, or on the application of any of the parties, may direct 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 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 meeting of the board, the other two members shall not proceed, unless it is shown that the third member has been notified of the meeting in ample time to admit of his attendance.

Quorum.

Presence of

members.