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III. CANADIAN INDUSTRIAL DISPUTES INVESTIGATION ACT OF

1907.

CANADIAN LEGISLATION RELATIVE TO INDUSTRIAL DISPUTES.

HISTORY OF LEGISLATION.

The beginning of legislation in Canada concerning industrial disputes dates back to the year 1900. The conciliation act was passed in that year. It provided for the establishment of a department of labor and a minister of labor, with certain designated powers and duties, and for the institution under the direction of the minister of a system of conciliation boards for the peaceable adjustment of industrial disputes. The provisions of the law relating to conciliation boards and industrial controversies were based on the British conciliation act of 1896, and proceeded in general along the lines of the earlier English legislation. The practical activities of the new department, however, were limited to the mediation of a number of industrial disputes and to the collection of statistical and other data concerning the industrial situation. No conciliation boards were established, and the provisions of the law relative to these tribunals were inoperative, due in the main to the lack of facilities of the newly created department of labor and to the pressure of other matters requiring attention.

Further legislation was had in 1903. This was known as the railway disputes act. Its provisions applied to the railroads and to industries affecting the transportation service. This legislation provided for mediation and conciliation of railway wage disputes, and where that failed for compulsory investigation and report by a board under conditions similar to those afterwards incorporated in the industrial disputes investigation act of 1907. The act of 1903, however, placed no restraint on the right to strike or to lockout. Moreover, no board of investigation could be established without the request of at least one of the parties to the dispute. The Government could not appoint a board on its own initiative. This legislation in general was fruitless. Only one dispute was referred for adjustment under its provisions.

During the year 1906 the conciliation act of 1900 and the railway disputes act of 1903 were consolidated. They were afterwards known as the conciliation and labor act.

One year later the legislation relating to the settlement of industrial disputes, which with the addition of some later amendments is in operation at the present time, was passed by the Canadian Parliament. This is commonly known as the industrial disputes investigation act of 1907. The intent and scope of this new legislation is well described by its complete title, which is "An act to aid in the prevention and settlement of strikes and lockouts in mines and industries connected with public utilities." This new law was brought about by a prolonged coal strike in Alberta, which resulted in a shortage of coal in Alberta and Saskatchewan. The public were aroused to the necessity of devising means to prevent strikes or lockouts of such a nature as were detrimental to the public welfare, and the outcome was the imposing of a limitation of the right to strike or lockout in certain public utilities.

DIGEST OF INDUSTRIAL DISPUTES INVESTIGATION ACT OF 1907.

The scope of the law of 1907 applied directly to employers or employees engaged in mining, transportation, communication, or public-service utilities. Indirectly, upon the request of both parties to a controversy, the provisions of the law may be applied to any branch of industry. Employers and employees are required to give at least 30 days' notice of proposed changes in wages or hours of labor. Provision is made for the establishment of boards of investigation on the application of either party to a dispute and for mediation and compulsory investigation and a public report by such a board. Strikes and lockouts are prohibited until the investigation and report of the board are made. After this procedure strikes and lockouts are legal. A complete analysis of the provisions of the law is given below.1

CANADIAN INDUSTRIAL DISPUTES INVESTIGATION ACT, 1907.

SCOPE OF LAW.

(a) Employers: Persons, companies, or corporations employing 10 or more persons in mining, transportation, communication, or public-service utilities. Other classes may be included in motion of either party, with the consent of the ther.

(b) Employees: Skilled or unskilled, manual or clerical, in the employments named.

(a) The minister of labor.

ADMINISTRATION.

(b) The registrar of boards of conciliation and investigation, appointed by the governor in council.

(c) Boards of conciliation and investigation, 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.

MATTERS COGNIZABLE.

Differences as to conditions of work; or privileges, rights, and duties of employers and employees, including wages, hours, age, sex, and qualifications of employees; employment, nonemployment, or dismissal of any class of employees; preference as to union labor or citizens; bad materials, local or trade customs, etc.

JURISDICTION OBTAINED.

By request of either party for the appointment of a board of conciliation and investigation.

Declaring or causing a lockout, or going on a strike, or inciting, encouraging, or aiding such action prior to or during a reference to a board is unlawful and subjects the violator to a fine.

PROCEDURE.

(a) Investigation and suggestions to induce a fair and amicable settlement, which failing

(b) The board reports to the minister of labor its own action and proceedings, the facts and circumstances of the dispute, and the findings of the board as to the cause and suitable terms of settlement.

APPLICATION FOR APPOINTMENT OF A BOARD.

(a) Must be in writing, in a prescribed form, and be signed by a person or persons having authority to bind the party making the application.

For a complete text, see pp. 99 et seq.

(b) Must set forth the parties to the dispute and an estimate of the number of persons affected or likely to be affected by it.

(c) Must state the nature and cause of the dispute, and the efforts made by the parties to adjust it.

(d) Must be prepared in duplicate, one copy to be transmitted to the registrar, and one to the other party to the dispute.

(e) Must be replied to by the second patry, one copy of the reply being transmitted to the registrar, and one to the party making the application. (There appears to be no penalty for failure to make reply.)

References may be had on the application of either party, and may proceed with or without the assent or even the presence of the other party if absent without good cause shown, though any party may be summoned as a witness and compelled to give evidence.

DUTIES AND POWERS OF THE MINISTER OF LABOR.

(a) To have general administration of the act.

(b) To decide as to the application of the act to any particular dispute. (c) To appoint boards of conciliation and investigation.

(d) To receive and publish the reports and recommendations of such boards. (e) To determine as to the appointment of clerical and other assistants, and the compensation allowed them.

DUTIES AND POWERS OF THE REGISTRAR.

(a) To receive and register all requests for the appointment of a board, refer the same to the minister of labor, and take such steps as may be necessary to secure the speedy establishment of a board.

(b) To notify the parties to a dispute of the appointment of a board, and furnish the board with a copy of the application for its appointment.

(c) To receive and file all reports and recommendations of boards, and seek to render them effective.

(d) To keep a register of all particulars and proceedings, and safely keep all papers and documents relating thereto.

(c) To furnish blank forms, forms of summons, etc., and generally to do all things needful to carry out the act and the regulations under it.

DUTIES AND POWERS OF BOARDS OF CONCILIATION AND INVESTIGATION.

(a) To endeavor to settle the dispute referred to it. by inquiry into its merits and all matters affecting its right settlement, making such recommendations and taking such action as seems right and proper to that end.

(b) If a settlement is arrived at, to draw up a memorandum of the same, to be signed by the parties.

(c) If no settlement is reached, to make a report of the facts, circumstances, and findings, stating the steps taken for their discovery, and making recommendations for the settlement of the dispute according to the merits of the case. A minority report may also be made.

(d) To administer oaths, summon and enforce the attendance of witnesses, require the production of books, papers, etc., and to take into custody any person who is in contempt of the board.

(e) To inspect in person or by an appointee any place of employment, materials, machinery, or appliances which are or are not related to the subject of a reference to the board.

The parties to a dispute may appear in person, by representatives (not more than three), or, if the opposing party and the board give their consent, by counsel or solicitors. No testimony or proceeding before a board may be admitted as evidence in any court, except in prosecutions for perjury.

AWARDS, REPORTS, AND RECOMMENDATIONS.

Reports are to be transmitted to the registrar and by him to the minister, who shall furnish each party with a copy of the same. Copies shall also be published in the Labor Gazette and the annual report of the department, and be furnished to any newspaper applying for it, and may be otherwise distributed in such manner as may seem desirable to secure a compliance with the recommendations of the board. Minority reports may be distributed in the

same manner.

Either party may agree in writing to be bound by the recommendations made or to be made by the board, which agreement shall be communicated to the other party; if accepted by such party it then becomes binding and enforceable in the same manner as an award in arbitration had on the order of a court of record. Prior amicable agreements of settlement may be likewise signed and made binding.

APPEALS.

The nature of the procedure does not make appeals in place.

ENFORCEMENT.

No provision is made for the enforcement of recommendations otherwise than by publicity. Where settlements or recommendations are agreed to and the agreements signed, they have the force of a rule of court, and are enforceable as such.

OPERATION OF THE LAW.

From the time of the passage of the act up to October 18, 1916, a total of 212 disputes were referred for adjustment under its provisions. The number of strikes not averted or ended was 21. In approximately 90 per cent of the cases brought under the act, therefore, its provisions were effective so far as actually preventing strikes was concerned. An inquiry of the Canadian authorities in 1915 as to the outcome of strikes which occurred legally after the reports of boards of investigation had been made, showed that settlements were "ultimately effected closely, if not wholly, on the lines recommended by the boards."

The table which is submitted below, shows, by the classes of industries affected, the results of the operation of the act in summary form, up to October 18, 1916.

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The total number of boards of conciliation and investigation established under the act during the period March 22, 1907, to October 18, 1916, was 182. Of the

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.

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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.

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