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COMPARATIVE SUMMARY OF LEGISLATION.

The following statement shows in a summary and comparative form the status of existing legislation relative to strikes and the maintenance of industrial peace on the railways and in other publicutility service of the leading commercial nations of the world. A comparison is made of the following features of such legislation:1 (1) Conditions under which lockouts or strikes are prohibited. (2) Penalties for the enforcement of antistrike legislation. (3) Legal machinery for the adjustment of disputes.

(4) Private or semiofficial machinery for the adjustment of disputes.

Any unusual or striking features of existing legislation or any important facts relative to the administration of the laws are referred to in the last column of the tabular statement. The countries for which information is shown are arranged in alphabetical order.

1 A more detailed account of legislation by countries will be found in succeeding sections of the report.

Name of country.

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

Legal machinery for the adjustment of disputes.

Conditions under which lockouts

and strikes are prohibited or are illegal.

Penalties for enforcement of antistrike legislation.

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New South Wales.

tion, consisting of a president,
who is a member of the Federal
supreme court, and judges of the
Federal or a State supreme court,
appointed by the president as his
deputies. Provision is also
made for conciliation committees
of equal numbers of employers
and employees; assessors repre-
senting the parties appointed by
the court to advise it and local
industrial boards, equally repre-
sentative of workers and em-
ployers, presided over by a
judge of the supreme court of the
Commonwealth or supreme
courts of the States. The pro-
cedure is varied. The president
of the court may summon par-
ties to a dispute and by confer-
ence aim to reach an amicable
settlement; or there may be an
investigation as the basis of an
amicable settlement; or tem-
porary reference of a matter to a
conciliation committee or local
industrial board; all amicable
settlements have the force of a
formal award.

In New South Wales the law is
similar to that of the Common-
wealth and of Queensland in
that there are both an industrial
court (which is a superior court
and a court of record) and indus-
trial boards for groups of indus-
tries or callings, awards by the
latter being subject to amend-
ment, variation, or rescission by
the court.

The initiation or continuance of
any strike or lockout by any
organization or person is pro-
hibited.

Strikes and lockouts of all kinds
are prohibited. An injunction
may be issued by the industrial
court.

Penalty of £1,000 against any per-
son or organization responsible
for a strike or lockout.

Employer liable to a fine of
£1,000; worker liable to a fine of
£50, which is a charge on his
wages. If striker was member
of a union, it may be held liable
for not exceeding £20 of the
penalty. Penalty on union for
aiding or instigating strike is
£1,000.

Remarks.

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New Zealand.

(a) Under the industrial conciliation

and arbitration amendment of
1908, which applies only to cases
where an award or an industrial
agreement is in force, strikes
and lockouts are prohibited.
(b) Under the labor disputes inves-
tigation act of 1913, which ap-
plies only to cases where there is
not an existing award or indus-
trial agreement, notice must be
given to the minister, who must
refer matter to an industrial
commissioner or committee. If
no settlement is effected within
14 days from delivery of notice
to the minister, the labor depart-
ment conducts a secret ballot,
and then 7 days must elapse
before cessation of work.

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(a) Employer liable to £500 fine and
employee to £10. In the case of
public utilities the penalty to the
worker is £25. For encouraging
or instigating a strike or lockout
the scale of fines is: Worker,
£10; employer or union, £200.
The wages of workers may be
attached for fines.

(b) Penalty for striking or locking
out before notice is given or be-
fore expiration of 7 days from the
secret ballot, £10 to a worker and
£500 to employer. Wages of
worker may be attached.

A fine of £1,000 may be levied on
employer or union, and £50 on
worker. If worker is member of
a union, not to exceed £20 of the
penalty may be levied against
the union. Penalties are made
a charge on wages and on funds
of associations.

(b) At any time during the progress
of a strike, 5 per cent of the work-
ers concerned may demand a
secret ballot on any question re-
lating to the strike.

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Name of country.

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

Legal machinery for the adjustment of disputes.

Conditions under which lockouts
and strikes are prohibited or are
illegal.

Penalties for enforcement of antistrike legislation.

Remarks.

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All strikes and lockouts are illegal. A fine of £500 may be levied

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against an association and a similar fine of £500 against a person, or three months' imprisonment. Fine of £20 or three months' imprisonment for picketing. Fines are made a charge against funds of associations and on wages over and above £2 a week. An employer who refuses to employ or a worker who refuses to accept work, where there is an industrial agreement or award in operation, may be fined.

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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-
nels.

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-
gation.

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. Ă
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-
ment.

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