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Trade unions of employees of
public utilities are permitted
under Government supervi-
sion. Employees may present
grievances or requests to the
minister of railways, posts, and
telegraph through official chan-

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 these
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 investi-

By a law passed in 1910 provision
is made for the appointment of a
permanent arbitration court of 6
members selected from organiza-
tion of employers and employ-
ees 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
agreement between them. A
Government conciliator is ap-
pointed for 2 years. Whenever
a strike or lockout is impend-
ing (public notice being compul-
sory) it is his duty to intervene
and attempt to effect a settle-

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Penalties for enforcement of antistrike legislation.

Antistrike and industrial conciliation legislation relative to public utilities, by countries-Continued.

Name of country.

Legal machinery for the adjustment of disputes.

Conditions under which lockouts
and strikes are prohibited or are


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There is no legal machinery, strict- No legislation. ly 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 agreement 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.

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.

No legislation.

Desertion of trains between terminals is punishable with imprisonment ranging from 6 months to 2 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.

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 employers, 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.

In all occupations except those mentioned the right of employers and employees to take concerted action in a peaceful manner with a view to cessation of work has been officially recognized since 1884. On Oct. 2, 1910, the National Federation of Railway Employees of France and the Federation 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

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Strikes and lockouts are practically
prohibited on public utilities.
There are no specific laws forbid-
ding strikes, but rules and prac-
tices 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 specifically
waive all claim to the right to

No specific penalties for engaging

in strikes, but workmen are for-
bidden to belong to unions which
assert the right to strike. All
union organization and by-laws
are subject to governmental
sanction. The coercive force of
the law is found in the fact that a
railway employee who engaged
in a strike would be dismissed or
fail of advancement in his work.
Every Government employee
looks forward to attaining the
status of an "official," and this is
practically impossible if he be-
fongs to or is known to sympa-
thize with a trade-union which
does not meet with Government

Strikes in railway service are pro- Imprisonment or fine.


Strikes are prohibited in railway Fine and loss of employment...
and public service.

mobilization of the strikers, and
ordered them to do military duty
for 3 weeks. Their military du-
ties 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 6 days.

Legislation prohibiting strikes was
the outcome of a general strike in
the Dutch railway service in 1903.

Legislation relative to fines and loss
of employment would not prac-
tically prevent strikes, because
of the impossibility of enforcing
the law upon so many individ-
uals. The real restraining in-
fluence is the power of the Gov-
ernment to call out the reserves
and compel strikers to resume
work under military law.

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Antistrike and industrial conciliation legislation relative to public utilities, by countries-Continued.

Legal machinery for the adjust

ment of disputes.

In the case of a dispute relative to
wages or working conditions, a
conciliation board is organized,
composed of six members, three
representing employers

three representing employees.
The boards are presided over by
an official appointed by the
Government. The agreements
reached by these boards are en-
forced 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.

The Canton of Geneva has established a system of conciliation and arbitration. Conciliators

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Strikes are prohibited in public Imprisonment and loss of employ- No employee of a public utility can utilities.

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Imprisonment and loss of employ-
ment. Authorities may arrest
or banish strikers without
bringing them before a court.
Leaders and officials of labor or-
ganizations or concerted move-
ments who do not make a decla-
ration as to the causes for a
strike are liable to imprison-

In the Federal service strikes are
punishable by fines and repri-
mands. There are no penalties

join a trade-union without the authorization of the Government.

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are elected 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. The Transvaal law is administered 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 lapor its recommendations, which are officially published and also given to the newspapers.

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Law providing for the conciliation No legislation by the Federal Gov- No penalties against strikes.

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.


The Transvaal law is based, as regards prevention and procedure, upon the Canadian industrial disputes investigation act of 1907.

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