Denver labor bulletin., 1916-04-29

| analysis eacn IlnuiilR oI tne NoHHhssion
is finding as to each plant or COM
pany, yet employees may appear thru
union, and the employer thru his
citation. 1t sometimes happens, too, as a
matter of practical cooperation, that the
| employees in dozen plants are all in a
| union, and that the heads of the dozer !,
plants are all in an association OF en-.
ployers, and the operation of collective
bargaining is widened in such a case.
Thirty-Day Notice Explained.
8. The law limits the thirty days no.
tIce exclusively to wages and hours, and
II the dispute is over some craft or trade
question, and does not involve wages or
hours, it has been ruled that the thirty
days notice need not be given; there
! fore employees could strike on any aues-
tion except that of wages or hours and
not give thirty days notice with this
one exception and qualification; that in
case OF any industrial dispute involving
any sort of Il question, il the Commits
sion starts an investigation teyen ii no
thirty days notice is requiredl, there
can be no strike or lockout during that
investigation. This rule is a wise one,
and prevents many disputes from reach
ing serious stage.
d. Some informal pleadings are per.
mitted, such as a motion TO strike, or
purpose OF quashing the proceedings. ANY
such motion may challenge the juri..
diction OF the Commission will be enter.
tanned and the Commission will in every
case first consider and decide the ques-
tion of its Jurisdiction and of its right
to proceed II it determines that il has
no jurisdiction. the case ends there: il
jurisdiction is taken. the investigation
proceeds. But while informal pleading.
are permitted. they are never allowed TO
control the Commission in the sense that
mere pleadings can determine the status
OF the parties before the Commission or
determine the result of the Commission's
hearings. II the plcadings assist in the
preliminary and informal questions which
iir~t arise. they are permitted. otherwise
the Commission does not specially regard
them. In other words the adjective law.
a. lawyers call IL. which il the law which
relates to procedure. never controls the
fundamental right- Of the parties before
the Commission
Each Dispute Considered Separate
, !. The Commission has no one set
mode OF procedure which i followed In
every case. While the general lines OF
the procedure are very much the same.
and while some general modes OF opera.
tion are apparent in various disputes,
Commission finds that each dispute must
stand on its own basis and be determined
by the particular conditions which arise
in that particular dispute. The Com
mission does not begin its intercession
in a dispute by firm show of authority
, IL it can be- avoided IL intercesi.- with
each side as a friend and a wcli-wishcr,
it stands for the best interest OF society
as a whole; il commences informallyi
and thruout all its proceedings il acts on
4 the theory that its policy should b,>-&
two-thirds diplomacy and third an.
1 thority. When a notice is received by
the Commission. the first step is 10 get
in touch with both sides and find out
what has been done or is being done to-
, ward negotiations. II the two sides are
in touch with each other and are nego.
4 tiating the Commission stands aloof and
watches negotiations. II the two sides
are not negotiating. the Commission calls
them into conference and endeavors To
start negotiations. II is sometimes the
best policy to call both sides in at the
, same time before the Commission: in
other cases. II Is the best policy TO
call in each side separately. often more
can be accomplished by working with
, the opposing sides in private conference
than can be accomplished with them to-
gcther. II there is any past history or
ancient bitterness. IL il sometimes better
to allow these differences to BE- thoroly
talked out before the two sides settle
down to the actual consideration OF the
terms OF q constructive agreement.
Only One Strike Under Law.
summary OF the industrial disputes
before the Commission shows the fol.
, lowing:
| The total number of complaints form.
ally presented to the Commission from +,
August, 1918. to May, 1915. was -. the
total number OF these cases settled was
81 total number still pending before the
| Commission, I total number OF impend-
| ing strikes definitely prevented, o; esti.
mated number of informal complaints OF
industrial matters, 25. From one view
point 1t may be said that the whole
thirty seven industrial matters settled by
| the Commission or presented to IL might
have resulted in strikes but, of course.
some of them would undoubtedly have
been settled without strikes In the siv
cases specifically mentioned. strikes were
actually averted, and the situation had
become 50 acute that the intcrccssion Of
the Commission became absolutely neces-
sary. There has been but one actual
| strike since the new law went into ef-
feet, and this occurred after the Com.
mission had concluded its formal nvestt.
CATION and the men had right to strike
under the law. This strike lasted about
one week. was not marked by any vio-
lencc whatever, and was settled on sub
stantially the terms defined by the Com.
mission in its award.
Prohibition Is Factor.
Among the crafts represented in these
disputes before the Commission were
cracker makers, tailors. BARRIERS, machin-
iafa int lat