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(2) Cases which may be referred to the council in order that the facts may be impartially ascertained and recommendations made to each side, the acceptance of such recommendations not to be obligatory nor made public.

(3) Cases similar to those last mentioned, but both sides agreeing beforehand that the recommendations of the council be made public.

(4) Cases which may be referred to the council upon which a decision may be given, the parties agreeing to accept the decision as a final settlement.

(5) Cases which may be referred to the council, under special circumstances, by the Board of Trade or the Government.

(6) Other matters, apart from particular disputes, which the Board of Trade or the Government may decide to refer to the council, with a view to obtaining a considered and representative opinion upon specific points.

It will be seen that while the courts of arbitration were merely another agency through which the Board of Trade must act, the industrial council is intended to serve to a large extent as a substitute for the board. The latter reserves the right to offer its services, in case the disputants fail to call on the council or the council fails to adjust a serious difficulty; but it is confidently expected that such cases will be few and far between.'

CONCILIATION BOARDS.

Conciliation boards, or joint meetings of representatives of employers and employees, are now the generally accepted method in the principal industries of Great Britain for adjusting disputes which otherwise might lead to strikes or a cessation of work. In addition to industrial boards, a number of district conciliation boards have also been created, which are not restricted to any particular occupation but which offer mediation of a general character. In a number of industries, such as the Brooklands agreement in cotton spinning, they provide special and elaborate machinery for adjusting all differences between employers and the working forces. A few of the boards do not provide any means for avoiding a deadlock through equal representation of both sides and equal voting strength. În by far the greater number of cases, however, an arrangement exists for securing a final decision on disputed points by referring the matter to an independent person or agency. The Board of Trade classifies, according to the provisions for the selection of a final authority to settle disputes, the different boards, as follows:

(1) Reference to the Board of Trade for appointment of final authority to settle disputes;

(2) Reference to permanent neutral chairman, president, arbitrator, umpire, or referee;

(3) Reference to arbitrator, umpire, or referee appointed for the particular case;

(4) Reference to three arbitrators or referees, with decision by the majority. The prevailing method of procedure is to refer a deadlock to an arbitrator, umpire, or referee who is appointed for each particular

case.

THE OPERATION OF BRITISH LAWS.

The following tables, which have been taken from official sources, show the extent to which the principles of conciliation and arbitration were operative in settling industrial disputes in Great Britain during the period 1904-1913.2 The official statistics for 1913 are the latest available.

1 Ibid., p. 127.

2 Great Britain. Labor Department. Report on strikes and lockouts, 1912-13.

STRIKES AND LOCKOUTS SETTLED BY CONCILIATION OR ARBITRATION IN

1913.

Summary table of strikes and lockouts settled in 19131 by conciliation or arbitration, classified according to the agencies by which the disputes were settled.

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1 The table includes strikes and lockouts which were settled in 1913 by conciliation or arbitration, irrespective of dates of cessation and resumption of work. Disputes which began before 1913 and were settled in 1913 are included, but not those which were in progress in 1913 but were unsettled at the end of the year. 2 In addition, 44 disputes in which no stoppage of work occurred were settled under the act. In certain other cases, also, action was taken under the act which was directly helpful in bringing about a settlement.

STRIKES AND LOCKOUTS SETTLED BY CONCILIATION OR ARBITRATION,

1904-1913.

Summary table showing for each of the years 1904-1913 the strikes and lockouts which were settled during those years by conciliation or arbitration, classified according to the agencies by which the disputes were settled.

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1 In certain other cases action was taken under the act which was directly helpful in bringing about a settlement. In addition, disputes in which no stoppage of work occurred were settled under the act as follows: 1904, 7 cases; 1905, 12 cases; 1906, 10 cases; 1907, 22 cases; 1908, 32 cases; 1909, 30 cases; 1910, 35 cases; 1911, 33 cases; 1912, 37 cases; 1913, 44 cases.

10,961

15

2,335

151, 304

21

6,972

59,770

28

19,503

163,668

25

9, 150

348, 333

22

7,435

223, 606

23

18,908

93, 639

23

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39 12, 743 1, 910 2,739

3, 818 5, 258 4,304 8, 201 119, 434 2,590 16, 144

41, 546

45, 841

35, 160

21, 118

6, 978

10, 777

WORK OF VOLUNTARY PERMANENT CONCILIATION AND

ARBITRATION

BOARDS AND STANDING JOINT COMMITTEES IN 1904-1913.

Summary table showing, so far as known to the department, the work of voluntary permanent conciliation and arbitration boards and standing joint committees in each of the years 1904-1913, classified by trades.

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1 The cases include both disputes causing stoppage of wor' and those in which no stoppage occurred. 2 Includes 2,488 cases in 1911, 1,287 in 1912, and 1,596 in 1913, considered by the South Wales Tinplate Board.

3 Includes cases settled by arbitration under reference from the boards.

♦ Includes 2,371 cases in 1911, 996 in 1912, and 1,100 in 1913, settled by the South Wales Tinplate Board.

TEXT OF CONCILIATION ACT, 1896.
[7th August, 1896.]

AN ACT To make better provision for the prevention and settlement of trade disputes.

1. (1) Any board established either before or after the passing of this act, which is constituted for the purpose of settling disputes between employers and workmen by conciliation or arbitration, or any association or body authorized by an agreement in writing made between employers and workmen to deal with such disputes (in this act referred to as a conciliation board), may apply to the Board of Trade for registration under this act.

(2) The application must be accompanied by copies of the constitution, bylaws, and regulations of the conciliation board, with such other information as the Board of Trade may reasonably require.

(3) The Board of Trade shall keep a register of conciliation boards and enter therein with respect to each registered board its name and principal office and such other particulars as the Board of Trade may think expedient, and any registered conciliation board shall be entitled to have its name removed from the register on sending to the Board of Trade a written application to that effect.

(4) Every registered conciliation board shall furnish such returns, reports of its proceedings, and other documents as the Board of Trade may reasonably require.

(5) The Board of Trade may, on being satisfied that a registered conciliation board has ceased to exist or to act, remove its name from the register.

(6) Subject to any agreement to the contrary, proceedings for concilation before a registered conciliation board shall be conducted in accordance with the regulations of the board in that behalf.

2. (1) Where a difference exists or is apprehended between an employer, or any class of employers, and workmen, or between different classes of workmen, the Board of Trade may, if they think fit, exercise all or any of the following powers, namely:

(a) Inquire into the causes and circumstances of the difference;

(b) Take such steps as to the board may seem expedient for the purpose of enabling the parties to the difference to meet together, by themselves or their representatives, under the presidency of a chairman mutually agreed upon or nominated by the Board of Trade or by some other person or body, with a view to the amicable settlement of the difference;

(c) On the application of employers or workmen interested, and after taking into consideration the existence and adequacy of means available for conciliation in the district or trade and the circumstances of the case, appoint a person or persons to act as conciliator or as a board of conciliation;

(d) On the application of both parties to the difference, appoint an arbitrator. (2) If any person is so appointed to act as conciliator he shall inquire into the causes and circumstances of the difference by communication with the parties and otherwise shall endeavor to bring about a settlement of the difference, and shall report his proceedings to the Board of Trade.

(3) If a settlement of the difference is effected either by conciliation or by arbitration a memorandum of the terms thereof shall be drawn up and signed by the parties or their representatives, and a copy thereof shall be delivered to and kept by the Board of Trade.

3. The arbitration act, 1889, shall not apply to the settlement by arbitration of any difference or dispute to which this act applies, but any such arbitration proceedings shall be conducted in accordance with such of the provisions of the said act, or such of the regulations of any conciliation board, or under such other rules or regulations as may be mutually agreed upon by the parties to the difference or dispute.

4. If it appears to the Board of Trade that in any district or trade adequate means do not exist for having disputes submitted to a conciliation board for the district or trade, they may appoint any person or persons to inquire into the conditions of the district or trade and to confer with the employers and employed, and, if the Board of Trade think fit, with any local authority or body, as to the expediency of establishing a conciliation board for the district or trade.

5. The Board of Trade shall from time to time present to Parliament a report of their proceedings under this act.

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