United labor bulletin., 1912-05-23
CANADIAN DISPUTES
INVESTIGATION ACT
How Boards Of Cancellation and
Investigation are Appointed
British Railway Strike OF
1911--NeW British
Plan.

The Canadian Industrial Disputes In
vestigation Act compared with the Erd-
man Act is of broader application, cover
ing not only steam railways but other
public utilities, such as electric railways,
power and lighting plants, and similar
industries, including also mines
Boards OF concilation and investiga-
ton are appointed for each dispute.
Each board consists of three members,
one selected by the workers, another by
the employers, and the third by these
two members, or, when they fail to
agree, by the government. The duties
of the boards are limited to concilation
ana investigation, no powers of enforc-
ing either findings or recommendations
being granted by the law. The principal
service of these boards is in bringing
the parties to controversy together fcr
an amicable discussion and in guiding
their negotians to a voluntary settle
ment- The chief merit of the law lies
not SO much in its compulsory features
as in its conciliatory provisions, though
Its original and interesting element is
the temporary prohibition of strikes and
lockouts in order that concilation may
not fail because of lack of time for trial.
From March %, 1907, when the Cana
dian act went into effect. to December
81, 1911, boards were appointed and
acted in a total of 1O9 disputes, involv-
ing, directly and indirectly, $4,000 en-
ployes. In 81 of these disputes settle
ment was effected without strike; in
cases there were legal strikes-that
is. begun after the report of a board;
and in IL cases there were illegal strikes
that is, begun before or pending in
vestigation by board.
OF these 109 boards 3S were appointed
In railway disputes, 35 in coal mine dis
putes, the remaining SO being in various
| industries. In the 3S railway disputes
81 cases were settled without strikes, 2
illegal strikes and legal strikes oc-
CURED. and cases were still pending
at the end of 1911. The employees direct
ly and indirectly affected in the 3S rail-
way cases numbered over 10000
British Railway Cancellation Agreement
Of 1907.
| In Great Britain railway labor contro-
versies have been adjusted since No
lyember, 1907, under a Cancellation and
arbitration agreement secured through
the board OF trade and signed by repre-
sentatives of the railway companies and
| of the railway mems trade unions. This
plan provided that any questions as to
| wages or hours should first be presented
| in the usual course through the ofdcials
/ of the railway department. concerned.
Two oamouths were allowed. for Beplyk AFTER
which the matter might be referred to a
sectional conciliation board composed of
equal numbers of representatives of the
men and the company. Upon failure to
reach satisfactory settlement the ques-
ton might then go to a central concila-
tion board and later to a single neutral
arbitrator, to be appointed for the partic-
ular case. The decision of the concilia-
tion board was, subject to certain provi-
sions, to be binding on the parties and
not to be opened within u months The
NJ f=fn nF
ing on the parties for a period fixed by
him for the duration of his award.
British Railway Strike of 1911.
| Extreme dissatisfaction with the work
| ing of this plan and the refusal of the
railway companies to discuss with the
men a basis of settlement of matters in
dispute fin,lly resulted in a strike in
August. 1911, involving the employees OF
all British railways save one, numbering
over 100000 men. Upon the interven-
I ton of representatives of the board of
| trade and other government officials, and
| the promise of the immediate appoint
ment of royal commission to investi-
| gate the working OF the conciliation
agreement and to report what amend
| ments were desirable, the men returned
| to work.
Complaints of Cancellation Scheme.
| The causes of the dissatisfaction of
| the men as voiced in the hearings be-
fore the royal commission centered
| around two points: First, the refusal
of the companies to recognize the mems
unions and to treat them as equal parties
| in Cancellation proceedings; and, second,
the alleged violation by the companies
of the spirit and intent of the agreement
by delaying its workings unreasonably
and by claiming the right TO be sole In
terpreters of the awards.
| Under the first head the specific conf
plant was that until case came before
an arbitrator the companies would not
allow the men to be represented by any
one not in their own employ, so that
while the eompany's side of any nego,ia-
tion was carried on by thoroughly
| trained men of affairs, the employees side
was necessarily conducted by working
men, with only such leisure as remained
after their days work for preparing
themselves to present their case. More
over, as theese men We're opposing their
| own employers, they were inevitably
hampered by fear OF injuring their
present or future position II they plead
| their cause too well.
Under the second point IL was shown
that the average time required for set
tlement was from 15 to IS months. the
grievance meanwhile continuing In full
force Proceedings were costly III cases
cost the men nearly $150.000). and when
an award wqDgiven II there was any
difference of lion as to its meaning II
might take as4bng to get an interpreta-
tion.as TO get the original award More
over, in some cases the companies pro-
ceeded to change conditions. so as TO de-
prive the men of the benefits the award
gave them
The companies agreed that proceed
| ings were slow and costly. but disclnimed
responsibility for either condition:
claimed that any recognition OF the union
would be absolutely disastrous; and com
planned bitterly of the breach OF faith In
| yolved In the mems striking while tho