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6. The expenses incurred by the Board of Trade in the execution of this act shall be defrayed out of moneys provided by Parliament.

7. The Masters and Workmen Arbitration Act, 1824, and the Councils of Conciliation Act, 1867, and the Arbitration (Masters and Workmen) Act, 1872, are hereby repealed.

8. This act may be cited as the Conciliation Act, 1896.

COURT OF ARBITRATION.

The following is the text of a memorandum communicated by the president of the Board of Trade to chambers of commerce and employers' and workmen's associations in September, 1908, with reference to the formation of a court of arbitration as an auxiliary to the conciliation act.

MEMORANDUM.

1. Under the conciliation act of 1896 the Board of Trade has power to appoint a conciliator in trade disputes and an arbitrator at the request of both parties. These slender means of intervention have been employed in cases where opportunity has offered, and the work of the department in this sphere has considerably increased of recent years. In 1905 the Board of Trade intervened in 14 disputes and settled them all; in 1906 they intervened in 20 cases and settled 1f; in 1907 they intervened in 39 cases and settled 32; while during the first eight months of the present year no fewer than 47 cases of intervention have occurred, of which 35 have been already settled, while some of the remainder are still being dealt with.

2. It is not proposed to curtail or replace any of the existing functions or practices under the conciliation act, nor in any respect to depart from its voluntary and permissive character. The good offices of the department will still be available to all in industrial circles for the settlement of disputes whenever opportunity offers. Single arbitrators and conciliators will still be appointed whenever desired. Special interventions will still be undertaken in special cases, and no element of compulsion will enter into any of these proceedings. But the time has now arrived when the scale of these operations deserves, and indeed requires, the creation of some more formal and permanent machinery; and, with a view to consolidating, expanding, and popularizing the working of the conciliation act, I propose to set up a standing court of arbitration.

3. The court, which will sit whenever required, will be composed of three (or five) members, according to the wishes of the parties, with fees and expenses to members of the court and to the chairmen during sittings. The court will be nominated by the Board of Trade from three panels. The first panelof chairmen-will comprise persons of eminence and impartiality. The second will be formed of persons who, while preserving an impartial mind in regard to the particular dispute, are nevertheless drawn from the "employer class." The third panel will be formed of persons similarly drawn from the class of workmen and trade-unionists. It is hoped that this composition will remove from the court the reproach which workmen have sometimes brought against individual conciliators and arbitrators, that, however fair they mean to be, they do not intimately understand the position of the manual laborer. It is believed that by the appointment of two arbitrators selected from the employers' panel and two from the workmen's panel in difficult cases, thus constituting a court of five instead of three persons, the decisions of the court would be rendered more authoritative, especially to the workmen, who, according to the information of the Board of Trade, are more ready to submit to the judgment of two of their representatives than of one. As the personnel of the court would be constantly varied, there would be no danger of the court itself becoming unpopular with either class in consequence of any particular decision; there would be no difficulty in choosing members quite unconnected with the case in dispute, and no inconvenient labor would be imposed upon anyone who consented to serve on the panels. Lastly, in order that the peculiar conditions of any trade may be fully explained to the court, technical assessors may be appointed by the Board of Trade, at the request of the court of the parties, to assist in the deliberations, but without any right to vote.

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4. The state of public opinion upon the general question of arbitration in trade disputes may be very conveniently tested by such a voluntary arrangement. Careful inquiry through various channels open to the Board of Trade justifies the expectation that the plan would not be unwelcome in industrial circles. The court will only be called into being if, and in proportion as, it is actually wanted. No fresh legislation is necessary.

5. Steps will now be taken to form the respective panels. September 1, 1908.

The following regulations have been drawn up by the Board of Trade in connection with the appointment of courts of arbitration:

REGULATIONS.

1. The application should state (a) the subject matter of the dispute; (b) whether the parties wish the court to consist of (1) a chairman and two arbitrators, or (2) a chairman and four arbitrators; (c) whether the parties desire the Board of Trade (i) to appoint a chairman and arbitrators, all of whose names have been jointly selected by the parties from the respective panels, or (ii) to appoint a chairman whose name has been jointly selected by the parties from the chairman's panel, and to select and appoint the arbitrators from the respective panels, or (iii) to select and appoint the chairman from the chairmen's panel, and to appoint arbitrators jointly selected by the parties from the respective panels, or (iv) to select and appoint all the members of the court from the respective panels; (d) whether the parties wish the court to appoint, or apply to the Board of Trade to appoint, a technical assessor or

assessors.

2. A court of arbitration shall, if either party or both parties shall have so requested, or may on their own initiative, if they consider that the assistance of a technical assessor or assessors is expedient, appoint or apply to the Board of Trade to appoint a technical assessor or assessors accordingly.

3. Technical asessors shall not be members of the court. They will be appointed solely for the purpose of giving the court information on technical matters when required by them. They will only be entitled to be present at such stages of the proceedings as the court may direct. Every assessor before taking up his duties shall pledge himself in writing to keep secret all matters with which he shall in the course of the performance of such duties become acquainted.

4. All procedure in connection with the hearing of a case shall be settled by the chairman after consultation with other members of the court, including the mode of appearance thereat.

For the convenience of the court, each application should be accompanied by a statement showing (a) whom the parties desire to represent them at the hearing and (b) the approximate number of witnesses each side desires to call. 5. The award of a majority of the members of the court shall be the award of the court. When no majority can be obtained in favor of an award, owing to the arbitrators being equally divided, then the matter shall be decided by the chairman, acting with the full powers of an umpire.

6. After an award is made it shall be signed by the chairman on behalf of the court, and he shall then cause a copy to be sent to the representatives of both parties to the dispute. The original award, together with any shorthand notes and all relevant papers, shall be forwarded to the Board of Trade.

7. Shorthand notes (and transcripts of such notes) of any part of the proceedings shall only be paid for by the Board of Trade if the chairman of the court certifies that the notes were necessary for the purpose of the court. The Board of Trade will also pay any expenses connected with the drawing of the award, and for the hire of a room for the hearing of the case when necessary. They will also pay the expenses of the members of the court.

RULES OF LONDON LABOR CONCILIATION AND ARBITRATION BOARD.

I. That a permanent body be constructed, to be called The London Conciliation Board, which shall be affiliated to the London Chamber of Commerce, and that its composition shall be as follows, viz:

(a) Twelve members representing capital or employers, to be elected by the council of the chamber.

(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

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"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.

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

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'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.

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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.

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'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.

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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

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