Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1910-05-05
On
Arbitration Law
Canadian Investigation Disputes In
vestigation Act Is Now Three
Years Old.
DOES NOT PREVENT
STRIKES AFTER ALL
New Board Appointed For. Every
Trouble, and Employers Dread
an Investigation.

The Canadian Industrial Disputes
Investigation Act for the prevention
Of strikes affecting public utilities
forms the subject of an article by
Victor S. Clark in Bulletin No. sc
of the Bureau of Labor, Of the De
partment of Commerce and Labor
This is the second report Of Doctor
Clark on the workings of this act.
his first report. covering the first
year of its operations, having been
printed in May. 1908.
The dominant motive of the ACT
was to prevent strikes and lockouts
that seriously and directly affect the
general welfare. The method Of the
law in such disputes is to prohibit
Ia cessation of industry under penal
ties until by the investigation Of an
official board the public is officially
| informed of the grounds of the con-
troversy. While strikes and lock-
outs are not prohibited after an in
vestigation has been made, reliance
is placed upon the power of ,.well-in-
formed public opinion 0 prevent OF
shorten such disturbances.
The law provides for boards OF
Cancellation and investigation, ap-
pointed for each dispute. Each board
consists Of three members. one Sc
lected by the worers, another by the
employers, and. the third by these
two members, or. when they fail to
agree, by the government.
The industries to which the law
applies are those known as public
utilities, such as steam and electric
railways, power and lighting plants,
and similar industries; 1t also ex-
tends to miners. Coal mines may
perhaps be considered as public util-
tiles, but the application OF the act
to metal mines is a departure from
the strict principle of the law.
In comparison with the Australia
sian statutes the Canadian act diff
fers in four important narticula s:
al It applies to a limited number OF
industries; (2l it does mot provide
for the incorporation Of unions; (3)
it requires the appointment Nof a new
board for each dispute instead Of q
permanent tribunal; a. 1t does moi
prohibit strikes and lockoa1ts after
an investigation of the dispute has
been made.
From March %, 1907. when the
act went into effect, to August, 1909.
boards were appointed and acted in
a total Of SO disputes. These dis
putes involved altogether IS 500 en-
ployees. In i've cases there were le-
gal strikes. that Is, begun after the
report Of a boa d. and in eight cases
there were illegal strikes. that is, be-
gun before or pending investigation
by board; in As cases settlement
was secured without q strike. The
friends of the act claim that a con-
siderable number of disputes which
otherwise might have resulted in a
strike have been settled without a
board because the parties were un-
willing to have public investiga
ton. The most valuable feature Of
the act is claimed to be that It fur
nishes regular formal procedure
for bringing parties together before
strike or lockout occurs.
The principal service Of q board
Is in bringing the parties to the con-
troversy together for an iamicable
discussion, and in guiding their me-
gotiations to q voluntary settlement.
II ~. - 49,. = - kfs.