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ers.

Employees.. Calgary, Alberta..

30 Concerning proposed
reduction of wages
and termination
of agreement.

1915.

1915.

Col. G. E. Sanders Apr. 2 May 5 (c), 3; R. A.

Brown (E), 1;

John B. Pegg

(M), 1.

do.

Toronto, Ontario.. 175 direct, 25
indirect.

Concerning
and conditions of
employment.

wages

Hon. Judge Emer- July

son Coatsworth

2 Aug. 13 Aug. 20

(c), 4; F. Erich

sen Brown (E),

1; Fred Bancroft (M), 1.

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B. INDUSTRIES OTHER THAN MINES, AGENCIES OF TRANSPORTATION AND COMMUNICATION, AND OTHER PUBLIC UTILITIES.

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69098-16-7

Result of reference.

Statement of applications for boards of conciliation and investigation and of proceedings thereunder from Apr. 1, 1915, to Mar. 31, 1916-Continued. B. INDUSTRIES OTHER THAN MINES, AGENCIES OF TRANSPORTATION AND COMMUNICATION, AND OTHER PUBLIC UTILITIES-Continued.

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A unanimous report was presented by the board recommending the restoration of the wages paid prior to the reduction of Nov. 1, 1914. The award was accepted by both parties concerned.

1915. Jan. 14

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J. D. McArthur & Employees.. Edmonton, Dun

Co.(Ltd.), contractors, and employees, being train operatives on the Edmonton, Dunvegan & British Columbia Railway and the Alberta & Great Waterways Railway. Ottawa Car Manufacturing Co. (Ltd.), and machinists, members of Lodge No. 412, International Association of Machinists. Nova Scotia Steel & Coal Co. (Ltd.) and Eastern Car Co.(Ltd.,) and employees engaged in the manufacture of munitions of war.

vegan, & British Columbia Railway and the Alberta & Great Waterways Railway.

Concerning reduc tion of wages.

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Hamnett P. Hill May 29 June 17
(c), 3; Geo. F.
Henderson, K.
C. (E), 1; Jas.
Simpson (M), 1.

Report of board was signed by all three members, Mr. Simpson dissenting on one point. The report was accompanied by an agreement entered into by both parties concerned.

Hon. Judge Emer- Sept. 1 Sept. 27 Prior to the application the

son Coatsworth

(c), 4; Col. B. A.
Weston (E), 1;
R. H. Murray
(M), 1.

employees had gone out on strike. Both parties were induced to refer their differences under sec. 63 to a board, and the employees accordingly returned to work. The report of the board was unanimous and disposed of all matters in dispute, an agreement having been previously signed making the decision of the board binding upon both parties until the end of the war, or as. long as the companies were engaged on munitions work.

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II. TEXT OF CANADIAN INDUSTRIAL DISPUTES INVESTIGATION ACT OF 1907.

DOMINION OF CANADA.

Industrial Disputes Investigation Act, 1907, amended 1910.

(6-7 Edward

AN ACT To aid in the prevention and settlement of strikes and lockouts
in mines and industries connected with public utilities.
VII, chap. 20, as amended by 10-11 Edward VII, chap. 29.)

SECTION 1. This act may be cited as The Industrial Disputes Investigation Act, 1907.

Short title.

PRELIMINARY.

INTERPRETATION.

SEC. 2. In this act, unless the context otherwise requires

(a) "Minister" means the minister of labor.

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66

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(c) Employer means any person, company, or corporation employing ten or more persons and owning or operating any mining property, agency of transportation or communication, or publicservice utility, including, except as hereinafter provided, railways, whether operated by steam, electricity, or other motive power, steamships, telegraph and telephone lines, gas, electric light, water and power works.

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(d) 'Employee" means any person employed by an employer to do any skilled or unskilled manual or clerical work for hire or reward in any industry to which this act applies.

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(e) Dispute or "industrial dispute " means any dispute or difference between an employer and one or more of his employees as to matters or things affecting or relating to work done or to be done by him or them, or as to the privileges, rights, and duties of employers or employees (not involving any such violation thereof as constitutes an indictable offence); and, without limiting the general nature of the above definition, includes all matters relating to

(1) The wages, allowance, or other remuneration of employees, or the price paid or to be paid in respect of employment.

(2) The hours of employment, sex, age, qualification, or status of employees and the mode, terms, and conditions of employment.

(3) The employment of children or any person or persons or class of persons, or the dismissal of or refusal to employ any particular person or persons or class of persons.

(4) Claims on the part of an employer or any employee as to whether and, if so, under what circumstances preference of employment should or should not be given to one class over another of persons being or not being members of labor or other organizations, British subjects, or aliens.

(5) Materials supplied and alleged to be bad, unfit, or unsuitable, or damage alleged to have been done to work.

(6) Any established custom or usage, either generally or in the particular district affected.

(7) The interpretation of an agreement or a clause thereof. (f) "Lockout" (without limiting the nature of its meaning) means a closing of a place of employment, or a suspension of work, or a refusal by an employer to continue to employ any number of his employees in consequence of a dispute, done with a view to compelling his employees, or to aid another employer in compelling his employees, to accept terms of employment.

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(g) Strike" or "to go on strike " (without limiting the nature of its meaning) means the cessation of work by a body of employees acting in combination, or a concerted refusal, or a refusal under a common understanding of any number of employees to continue to work for an employer in consequence of a dispute,

Definitions.

done as a means of compelling their employer, or to aid other employees in compelling their employer, to accept terms of employment.

(h) "Board" means a board of conciliation and investigation established under the provisions of this act.

(i) “Application" means an application for the appointment of a board under the provisions of this act.

(j) “Registrar" means the registrar of boards of conciliation and investigation under this act.

(k) "Prescribed means prescribed by this act or by any rules or regulations made thereunder.

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(7) "Trade-union or "union means any organization of employees formed for the purpose of regulating relations between employers and employees.

ADMINISTRATION.

Minister of labor.

Registrar.

Applications

SEC. 3. The minister of labor shall have the general administration of this act.

SEC. 4. The governor in council shall appoint a register of boards of conciliation and investigation, who shall have the powers and perform the duties prescribed.

2. The office of registrar may be held either separately or in conjunction with any other office in the public service, and in the latter case the registrar may, if the governor in council thinks fit, be appointed, not by name, but by reference to such other office, whereupon the person who for the time being holds such office, or performs its duties, shall by virtue thereof be the registrar.

BOARDS OF CONCILIATION AND INVESTIGATION.

CONSTITUTION OF BOARDS.

SEC. 5. Whenever any dispute exists between an employer and for reference. any of his employees, and the parties thereto are unable to adjust it, either of the parties to the dispute may make application to the minister for the appointment of a board of conciliation and investigation, to which board the dispute may be referred under the provisions of this act: Provided, however, That in the case of a dispute between a railway company and its employees such dispute may be referred, for the purpose of conciliation and investigation, under the provisions concerning railway disputes in the conciliation and labor act.

Appointment

of boards.

Membership.

SEC. 6. Whenever, under this act, an application is made in due form for the appointment of a board of conciliation and investigation, and such application does not relate to a dispute which is a subject of a reference under the provisions concerning railway disputes in the conciliation and labor act, the minister, whose decision for such purpose shall be final, shall, within fifteen days from the date at which the application is received, establish such board under his hand and seal of office, if satisfied that the provisions of this act apply.

SEC. 7. Every board shall consist of three members who shall be appointed by the minister.

2. Of the three members of the board one shall be appointed on the recommendation of the employer and one on the recommendation of the employees (the parties to the dispute) and the third on the recommendation of the members so chosen.

SEC. 8. For the purposes of appointment of the members of the of board the following provisions shall apply:

Mode of appointment

members.

1. Each party to the dispute may, at the time of making application or within five days after being requested so to do by the minister, recommend the name of one person who is willing and ready to act as a member of the board, and the minister shall appoint such person a member of the board.

2. If either of the parties fails or neglects 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 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 apNotice 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 Oath. 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.

SEC. 14. The department may provide the board with a secretary, stenographer, or such other clerical assistance as to the minister appears necessary for the efficient carrying out of the provisions of this act.

PROCEDURE FOR REFERENCE OF DISPUTES TO BOARDS.

Assistants.

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

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