212 cases in which application was made for the establishment of a board of conciliation and investigation

167 were reported upon by boards.

29 were settled without the establishment of boards.

8 were settled while board was in process of constitution.

1 board was restrained by the court of review from proceeding with its investigation.

6 are being dealt with by boards at the present time.

1 is being held in abeyance to permit of a probable settlement.

The following table shows by calendar years the number of applications received under the act, the number of boards granted, and the number of disputes in which strikes were not averted or ended: 1 Proceedings by calendar years, 1907-1916.

11907 1908 1909 1910 1911 1912 1913 1914 1915 2 1916 Total.

1 The act became law on Mar. 22, 1907, so that the proceedings cover 9 months only.
2 To Oct. 18, 1916.

PROVISIONS OF ACT EXTENDED AS A WAR MEASURE.

By authority secured under the war-measures act, the provisions of the industrial disputes act, by an order in council, were extended to all industries engaged in any way in the production of munitions. of war, equipment for soldiers, the building and repairing of ships, and in supplying war materials of all kinds.'

The terms of the order in council extending the provisions of the industrial disputes investigation act to disputes in industries concerned in war work are as follows:

P. C. 680.

AT THE GOVERNMENT HOUSE AT OTTAWA.

Thursday, the 23d day of March, 1916.

Present: His Royal Highness the Governor General in council.

His Royal Highness the Governor General in council is pleased, in virtue of the war-measures act, 1914, to order that the provisions of the industrial disputes investigation act, 1907, other than section 63 thereof, shall specifically apply in the case of any dispute between employers and any employees engaged in the construction, production, repairing, manufacture, transportation, or delivery of ships, vessels, works, buildings, munitions, ordnance, guns, explosives, and materials and supplies of every nature and description whatsoever, intended for the use of His Majesty's military or naval forces or militia. or for the forces of the nations allied with the United Kingdom in the present war, if such dispute threatens to result in a strike or lockout.

(Signed)

The honorable the MINISTER OF LABOR.

RODOLPHE BOUDREAU, Clerk of the Privy Council.

As the result of this action no serious strike occurred during the fiscal year 1916 in any of the industries affected.

PROPOSED CHANGES IN THE LAW.

Modifications of the existing law are now under consideration by the Canadian minister of labor. In this revised draft an effort has

1 For a detailed account of proceedings held under the act, by specific cases, see pp. 28 et seq.

been made to meet objections which have arisen in connection with the operation of the law since 1907. One of the most important objects has been to prevent delays in the procedure for applications for boards and the elimination of the requirement of a costly strike ballot before an application for a board could be made. Provision is also made for the interpretation of awards, which was entirely lacking in the original law, by authorizing the reconvening of a board to pass upon any disputed point. The option accorded in railway controversies of referring the dispute to the provisions of the railway disputes act of 1903, or the industrial disputes investigation act of 1907 is also eliminated, all disputes being now brought under the one act. Important additions, in large measure borrowed from Australasian experience, are also made to the law. Among these, the most noteworthy are those making provision for the registration of industrial agreements, and the requirement of a secret vote by ballot before a strike may be started. The leading changes and additions proposed are thus summarized in the draft of the new measure which has been published by the Canadian department of labor:1

In the bill now submitted for consideration endeavor has been made to remove a number of objections to the 1907 act and to remedy its defects, and a number of new provisions relating to industrial agreements, false representations, and other matters have been added. * * *

The unnecessary duplication of procedure in respect of railway disputes is removed, all such disputes being now brought under the one act. The main provisions respecting the appointment and proceedings of boards and the prohibition of lockouts and strikes are still as heretofore confined to public utilities and mining; but where both parties agree to the appointment of a board, such board may be appointed in respect of a dispute in any industry, - whatever its nature. In long-continued or serious disputes in any industry, where neither of the parties applies for a board, the minister is given power to act on the application of any municipality interested, or of his own motion, and establish a board or cause inquiry to be made in some other way.

The definitions and other parts of the 1907 act which have been found to be defective and inadequate have been redrafted and added to, much assistance in this respect being obtained from the Australian and New Zealand acts.

Endeavor has been made to make the procedure respecting applications for boards more simple and speedy, and it is provided that technical defects shall not invalidate applications and that the establishment or proceedings of boards shall not be restrained or prohibited by the courts. It is not hereafter to be necessary to obtain authority for a strike before applying for a board.

A strike or lockout shall not, nor where application is made for a board within the time limited shall any dismissal, cause an employee to cease to be an employee for the purposes of the act.

Where any question arises as to the meaning or application of any recommendation of a board, the board may be reconvened to give its opinion or interpretation upon the point.

The provisions respecting notice of a change in wages or hours have been remodeled and made more comprehensive and effective, and the omus is put upon the party seeking to make the change of applying for a board where the other party does not consent to the change.

A secret vote by ballot is required to be taken before a strike.

Provision is made for registering industrial agreements, and lockouts or strikes in public-utility industries are forbidden where such agreements are in force, but either party may be relieved from the agreement by the report of a board.

The new measure proposed has not as yet been introduced into Parliament, and in order to avoid controversy may not be introduced until after the termination of the present European war.

1 For a complete draft of the new law proposed, see pp. 109-132.

IV. SUMMARY STATEMENT RELATIVE TO THE OPERATION OF THE INDUSTRIAL DISPUTES INVESTIGATION

Statement of applications for boards of conciliation and investigation and of proceedings thereunder from Mar. 22, 1907, to Mar. 31, 1908.

A. MINES, AGENCIES OF TRANSPORTATION AND COMMUNICATION, AND OTHER PUBLIC SERVICE UTILITIES.

Sir Wm. Mulock, Apr. 22 May 29
K. C. M. G. (c)
4; J. L. Parker
(E) 1; L. P. Eck-
stein (M) 1.

(Sir Wm. Mulock,
K. C. M. G. (c)
4; F. B. Smith
(E) 1; L. P. Eck-
stein (M) 1.

of act by department, mines
were reopened on Apr. 18.
Subsequently an amicable
settlement was effected
through intervention of Mr.
J. D. McNiven, fair-wages
officer of department. No
board constituted.

Employees went on strike in
the several mines while pro-
ceedings were pending in con-
nection with the establish-
ment of the boards of concili-
ation and investigation, in
consequence, it was alleged,
of misunderstandings which
arose through ignorance of
the provisions of the act.
The deputy minister of la-
bor left for Fernie on Apr. 19
to explain to the parties the
provisions of the law. While
in Fernie, the parties con-
sented to his intervention as
a conciliator under the con-
ciliation act, 1900, and an
agreement was effected on
May 4. The boards con-
vened at Fernie on Apr. 30,
but adjourned proceedings
pending investigations by the
deputy minister. On May 6
the boards reconvened to
receive from the parties a
formal statement that the
differences had been ad-
justed, a further cessation of
work being thereby averted.
An important feature of the
settlement was the establish-
ment of a standing committes
of conciliation between the
employers and employees, to
which future differences were
to be referred.

1 It is important to note in connection with these disputes that the industrial disputes investigation act was not assented to till Mar. 22, 1907. It was some weeks later before copies of the act were available for distribution. Its provisions in consequence were not fully known by the parties at the time these disputes occurred.

2 Applications for a board were received also from the employers, parties to this dispute.

Statement of applications for boards of conciliation and investigation and of proceedings thereunder from Mar. 22, 1907, to Mar. 31, 1908-Continued.

tuted.

1907.
July 13

Hon. Judge Pat- July 27 Sept. 21
terson (C), 4; P.
S. Archibald (E),
1; R. B. Murray
(M), 1.

Board being unable to effect a
settlement by conciliation,
presented a report signed by
the chairman and Mr. Archi-
bald. Minority report was
presented by Mr. Murray.
The recommendations of the
board were not accepted by
the employees. The strike
which was threatened prior
to the application for board
on May 8 was averted for the
time being, but took place
on Aug. 1, continuing until
Oct 31, when the employees
returned to work on the con-
ditions recommended in the
report of the board.
Amicable settlement including
agreement as to conditions of
employment and establish-
ment of a standing committee
of conciliation effected be-
tween parties while board
was in process of constitution,
strike being thereby averted.
Employees declared a strike on
Aug. 1, in reference to ques-
tion of payment for stone in
pillar work, having refused to
accept the recommendations
of the board appointed May
17 to deal with this subject.
In virtue of this strike pro-
ceedings before the board
were suspended until Sept. 9.