(b) Twelve members representing labor, to be elected by the employed. II. The duties of The London Conciliation Board shall be as follows: (a) To promote amicable methods of settling labor disputes and the prevention of strikes and lockouts generally, and also especially in the following methods:

1. They shall, in the first instance, invite both parties to the dispute to a friendly conference with each other, offering the rooms of the chamber of commerce as a convenient place of meeting. Members of the board can be present at this conference, or otherwise, at the pleasure of the disputants.

2. In the event of the disputants not being able to arrive at a settlement between themselves, they shall be invited to lay their respective cases before the board, with a view to receiving their advice, mediation, or assistance. Or, should the disputants prefer it, the board would assist them in selecting arbitrators, to whom the questions at issue might be submitted for decision.

3. The utmost efforts of the board shall in the meantime and in all cases be exerted to prevent, if possible, the occurrence or continuance of a strike or lockout until after all attempts at conciliation shall have been exhausted.

The London Conciliation Board shall not constitute itself a body of arbitrators except at the express desire of both parties to a dispute, to be signified in writing, but shall in preference, should other methods of conciliation fail, offer to assist the disputants in the selection of arbitrators chosen either from its own body or otherwise. Any dispute coming before the board shall, in the first instance, be referred to a conciliation committee of the particular trade to which the disputants belong, should such a committee have been formed and affiliated to the chamber.

(b) To collect information as to the wages paid and other conditions of labor prevailing in other places where trades or industries similar to those of London are carried on, and especially as regards localities either in the United Kingdom or abroad where there is competition with the trade of London. Such information shall be especially placed at the disposal of any disputants who may seek the assistance of The London Conciliation Board.

III. The London Chamber of Commerce places its rooms at the disposition of The London Conciliation Board and of the trade conciliation committees for holding their meetings. Any alterations in the rules and regulations of these bodies which may be from time to time proposed shall be submitted for approval to the council of the chamber.

IV. The above regulations shall be subject to by-laws, to be specially framed for the purpose and which shall be open to amendments as required from time to time, on agreement between the council of the chamber of commerce and The London Conciliation Board.

EXTRACTS FROM THE BY-LAWS.

5. The board shall elect its own chairman and vice chairman, who shall vote with the board but shall not have a second or casting vote.

7. The chairman shall be selected from the employers of labor on the board and the vice chairman from amongst the employed.

VIII. THE TRANSVAAL.

HISTORY OF LEGISLATION.

The law of Transvaal corresponds closely in form and method to that of Canada. It is administered by a department of labor under the supervision and control of the minister. The active official with. reference to the administration of the conciliation act is an "inspector of white labor," who receives and registers applications for the appointment of boards of conciliation and investigation, receives and files the reports and recommendations made by such boards, and takes the necessary measures to render them effective. Boards are appointed on request of either party to a dispute, the minister deciding whether or not the provisions of the act are ap

plicable. The board has the powers and jurisdiction of the supreme court in the matter of procuring evidence, etc., but does not make binding orders. Failing the adjustment of the dispute by an agreement, the board reports to the minister what it has done, together with its recommendations, which are to be published in the official organ of the department, and copies to be furnished also to the parties to the dispute and to any newspaper making request therefor. The law provides for the giving of one month's notice before any alteration in regard to wages, or other remuneration of employees, or the hours of their work, nor may employees demand changes without a month's notice. Going on strike or declaring a lockout or aiding or inciting either until after an investigation by the board and the expiration of a period of one month after report and recommendations thereby is prohibited.

The full text of the Transvaal law is as follows:

[Assented to July 7, 1909.]

AN ACT To establish a department of labor in this Colony, to aid in the prevention of strikes amongst employees or lockouts by employers and to make provision for the settlement of industrial disputes by conciliation after investigation.

PRELIMINARY.

1. This act, in so far as it contains provisions to aid in the prevention of strikes and lockouts and for the settlement of industrial disputes by conciliation after investigation, shall apply to the following undertakings, trades, or industries, namely:

(a) The mining industry;

(b) Any undertaking carried on by a local authority for the supply of gas, electric light, water, or power, or for tramways or sanitary services;

(c) Any other undertaking, trade, or industry to which the governor may, by proclamation in the Gazette, apply those provisions.

In so far as it relates to other matters this act shall apply to all undertakings, trades, and industries.

2. In this act, unless inconsistent with the context

"Application "shall mean an application for the appointment under this act of a board to investigate and report upon a dispute.

"Board" shall mean a board of conciliation and investigation appointed under Chapter III of this act.

66

Department " shall mean the department of labor established under Chapter I of this act.

"Dispute " or

"industrial dispute" shall mean any dispute or difference between an employer and any of his employees in relation to

(a) Matters affecting work done or to be done by such employees; or

(b) Rights, privileges, or duties of employers or employees not involving such a violation thereof as would constitute a criminal offense; or

(c) The wages, allowances, or other remuneration of employees or the price paid or to be paid to them in respect of their employment; or

(d) The hours of employment, the qualification or status of employees, and

the terms, conditions, and manner of their employment; or

(e) The employment of any persons or class of persons, or the dismissal of or refusal to employ any particular person or class of persons; or

(f) Claims on the part of an employer or any employee that preference should be given, or not be given, to one class of persons over another class of persons (whether as members of a trade-union or not, as British subjects or aliens, or as white or colored persons), and the circumstances under which such preference, if allowed, should or should not be given; or

(g) Materials supplied and alleged to be bad, unfit, or unsuitable, or damage alleged to have been caused to work; or

(h) Any custom or usage recognized, whether generally or in a particular district or on particular industrial premises; or

(i) The interpretation of any agreement between an employer and employee or of a portion thereof.

66

'Employee" shall mean any white person engaged by an employer to perform, for hire or reward, manual, clerical, or supervision work in any undertaking, trade, or industry to which this act applies.

Employer" shall mean any person or body of persons, whether corporate or unincorporate, employing ten or more white persons upon any undertaking or at any trade or industry to which this act applies, but shall not include any department of the Crown.

"Governor" shall mean the officer for the time being administering the government of this colony, acting by and with the advice of the executive council thereof.

"Imprisonment" shall mean imprisonment with or without hard labor, as the court which passes sentence may direct.

"Inspector" shall mean the inspector of white labor appointed under Chapter I of this act or any person lawfully acting in such capacity.

"Lockout" shall mean the closing by an employer of his employment premises, or a suspension by him of work, or the refusal by an employer to continue to employ any number of his employees when such closing, suspension, or refusal is for the purpose of compelling his own employees or of aiding another employer to accept specific terms of employment.

"Minister" shall mean the minister of mines or any other minister to whom the governor may from time to time assign the administration of this act.

66 Regulation "shall mean a regulation made and in force under section 34 of this act.

"Strike" shall mean the cessation of work by a body of employees acting in combination, or a concerted refusal, under a common understanding, of any number of employees to continue to work for an employer in consequence of a dispute, when such cessation or refusal is for the purpose of compelling their employer, or of aiding other employees in compelling their employer, to accept specific terms of employment.

"Trade union

shall mean any lawful organization of employees formed for the purpose of regulating the relations between employers and employees.

CHAPTER I.

DEPARTMENT OF LABOR.

3. 1. There shall be a department of labor in this colony, under the supervision and control of the minister.

2. The governor shall from time to time appoint an officer, to be called “the inspector of white labor," who shall, subject to the orders and directions of the minister, carry out the powers and duties conferred and imposed on him by this act, or the regulation, or any other law, and shall exercise such other functions as the governor may from time to time lawfully assign to him.

4. The inspector shall perform the following duties, that is to say, he shall— (a) Receive and register, and, subject to the provisions of this act, deal with every application by employees or employers for the appointment of a board to determine a dispute, and, upon receipt of the application, shall forthwith inform the minister thereof.

(b) Correspond with parties to a dispute and generally perform all acts necessary to insure the speedy sitting of a board as soon as the same has been appointed by the minister.

(c) Receive and file all reports and recommendations made by a board and, subject to the provisions of this act, do all such things as will render such reports and recommendations effective.

(d) Keep a register containing the particulars of every application and of every reference to, or report or recommendation of, a board, and of its proceedings, and of documents relating thereto, and, when required by the minister, transmit all or any of the same to him.

(e) Supply, when required, information to any party to a dispute as to this act or the regulations or proceedings thereunder, and furnish any such party or member of the board with the prescribed forms.

(f) Keep a register of all unemployed white persons and enter therein such particulars in relation to them, the class of employment required by them, and the trades or occupations previously followed by them as may be prescribed by regulation.

(g) On receipt of the prescribed fee register all private registry offices, and carry out such inspection of the books of such offices as may from time to

time be deemed necessary, and prescribe scales of fees to be charged at such offices and the conditions under which fees may be charged in respect of applications thereat.

(h) Establish branch registries or labor bureaus in such districts or localities as the minister may determine for the collection and supply to the public of information as to the conditions of labor, domestic or industrial, and the state of trade in such districts or localities.

(i) Investigate the causes of lack of employment in this colony among white persons, and matters connected therewith, and report the result of his investigation to the minister.

(j) Investigate, on the instructions of the minister, complaints by or on behalf of white employees as to their treatment by employers and the conditions of their employment, and report the result of the investigations to the minister.

(k) Make reports from time to time to the minister on labor movements and the conditions of labor, whether in this colony or elsewhere.

(1) Supervise the conditions of apprenticeship in any undertaking, trade, or industry.

(m) Generally, do all such acts and take all such proceedings as the minister may require for the effective performance of his duties under this act and the regulations.

CHAPTER II.

PREVENTION OF INDUSTRIAL DISPUTES, STRIKES, LOCKOUTS PENDING INVESTIGATION.

5. 1. After the coming into operation of this act

(a) No alteration shall be made by an employer in relation to wages, allowances, or other remuneration of his employees or the price to be paid to them in respect of their employment, or to the hours of their work, unless one month's notice at least of the proposed alteration be given to all the employees who would be affected thereby.

(b) No demand shall be made upon an employer by any of his employees to effect, within less than one month, any such alteration.

2. If any such alteration be made and if an employer and any of his employees have at the expiry of the said period of one month made application for the appointment for a board, as hereinafter provided, the relationship between the employer and all the employees who would be affected by the alteration shall continue unaltered in respect of any of the matters described in paragraph (a) subsection (1), until any such matter has been investigated as an industrial dispute by a board under this act unless the dispute be otherwise settled, until one month shall have elapsed after the publication as hereinafter provided of the report and recommendations of the board, provided that if the minister decides as hereinafter mentioned that this act does not apply to the dispute, the alteration may, as soon as the parties to the dispute have received notice of his decision, be made.

3. If, after such investigation, the board reports to the inspector that either party to the dispute has used the provisions of this section so as to unfairly preserve existing conditions of employment, or so as to delay the alteration of such conditions, that party shall be guilty of an offense and liable on conviction to the penalties mentioned in subsection (3) or (4) of the next suc.ceeding section, according as the party is the employer or employee.

6. 1. After the coming into operation of this act it shall be unlawful for— (a) An employer to declare a lockout, or cause a lockout to be declared, or to aid in any manner the declaration or effecting of a lockout; or

(b) An employee to go on strike or to cause a strike; or

(c) Any person to incite, encourage, or in any other manner aid an employer in effecting, declaring, or continuing a lockout; or

(d) Any person to incite, encourage, or in any other manner aid employees in going, or continuing on strike, on account of any industrial dispute, until the dispute shall have been investigated by a board under this act and a period of one month shall have elapsed after the report and recommendations of the board have been published as hereinafter provided.

2. Nothing in this section contained shall be construed as

(a) Prohibiting, in a manner not constituting a strike or lockout, the sus pension or discontinuance of any undertaking, industry, or trade to which this act applies and the consequent suspension or discontinuance of the services of employees therein or thereat;

(b) Prohibiting a lockout or strike in respect of a dispute which has once been investigated by a board and its report and recommendations thereon published as hereinafter provided, except where the parties thereto have entered into such agreement as is described in section 25.

3. Any employer who contravenes the provisions of this section shall be liable, on conviction, to a fine of not less than £100 for each day or part of a day that the lockout continues, or, in default of payment, to imprisonment without the option of a fine.

4. Any employee who contravenes the provisions of this section shall be liable, on conviction, to a fine of not less than £10 and not exceeding £50 for each day or part of a day during which he is on strike, or, in default of payment, to imprisonment without the option of a fine.

5. Any person who contravenes paragraph (c) or (d) or subsection (1) shall be liable, on conviction, to a fine of not less than £50 and not exceeding £250, or, in default of payment, to imprisonment for a period not exceeding six months, or to such imprisonment without the option of a fine.

CHAPTER III.

APPOINTMENT OF BOARDS OF CONCILIATION AND INVESTIGATION.

7. Whenever there exists between an employer and any of his employees any industrial dispute which the parties thereto are unable to settle amicably, application may be made, by either party, for the appointment of a board of conciliation and investigation.

8. 1. Every application for the appointment of a board shall be in writing, and, so far as circumstances will allow, in the prescribed form.

2. Every application shall be accompanied by a statement, setting forth(a) The names of the parties to the dispute;

(b) The nature and cause of the dispute, and the claims or demands to which objection is taken, made by either party upon the other;

(c) An estimate of the number of persons affected, or likely to be affected, by the dispute;

(d) The efforts hitherto made by the parties to settle the dispute;

(e) An estimate of the number of persons affected, or likely to be affected, by the dispute;

And shall further be accompanied by a solemn declaration that the declarant believes that if the dispute be not investigated by a board under this act a lockout or strike (as the case may be) will result.

3. There may be stated in every application the name of any person who is willing to act as a member of the board as the nominee of the applicant party. 4. Every application and accompanying declaration—

(a) If made by an incorporated company, shall be signed by a director, manager, or secretary of the company duly authorized thereto.

(b) If made by a local authority, shall be signed by the mayor, chairman, town clerk, secretary, or other similar officer duly authorized thereto in writing. (c) If made by an individual, shall be signed by that individual, or if made by a partnership, shall be signed by the majority of partners resident in the colony.

(d) If made by employees who are members of a trade-union, shall be signed by two officers of the trade-union authorized by a majority vote of the members of the union present at a meeting specially summoned, on at least three days' notice, to discuss the advisability of making the application.

(e) If made by employees some or all of whom are not members of a tradeunion, shall be signed by two of such employees duly authorized by a majority vote taken by ballot of the employees present at a meeting specially summoned as aforesaid and on the like notice.

5. Every application and the documents which are to accompany it, as hereinbefore provided, shall be sent by registered post, addressed to the inspector, or shall be personally served upon him, and the date of its receipt shall be deemed to be the date of the application.

9. 1. The applicant shall, simultaneously with the sending of the application to or servce thereof upon the inspector, transmit by registered post to or personally serve on the other party to the dispute a copy of the application and of the statement and declaration accompanying it.

2. Within five days after the receipt of the same such other party shall transmit by registered post to or personally serve upon the inspector and the applicant a statement in reply.