Denver labor bulletin., 1918-04-20

Crowder, and it is hoped by this means
to enroll a great force of skilled men
upon whom the army can call when
ever their services are needed.
power over safety regulations and
various other matters. 1t would seem
from a reading of sections "a and 35
that they are intended particularly to
cover such findings and enforcible or
ders of the commission relative to
safety and other matters and to pro-
vide that upon the finding, for in
stance, that any machine, appliance
or place is dangerous, and the enter
ing of an award that changes be made
therein for the protection of employees
that the employer shall have the abso-
lutte right to hearing upon the ques-
ton of the reasonableness of such en-
forcible order and the correctness Of
the findings. 1t being the intention
of said two sections to give an en-
ployer against whom a binding order
is entered, an absolute right to
hearing upon such enforcible order
and "a day in court"
However, the commission feels that
said sections are also broad enough to
cover a rehearing in an industrial dis
pute under certain conditions.
Section 81 of the act provides:
Nothing in this act shall be con-
strued to make any findings, deter
mination of rights of said parties, de-
cision or award of said commission or
of any board of arbitration appointed
thereby upon the facts of such con-
troversy, binding, conclusive or en-
forcible upon any of the parties there
to, or affected thereby, unless:
"D Such parties have agreed in
writing prior to the commencement of
any such investigation or arbitration,
or during the continuance thereof, to
accept and be bound by the terms of
such findings, determination of rights,
decision or award, and then only to
the extent in such written agreement
provided; or,
"t2) Unless said parties shall
agree to accept and be bound by such
action Of the commission or board of
arbitration after the same has been
made known TO them; provided, how
ever. that in either such instance, the
findings, determination Of rights, de-
cision and award of said commission
or board Of arbitration, when con-
frmed by formal order Of said COM
mission, shall be and remain in full
force and effect, according to the
Z
such formal order of the commission,
and shall be binding, effective and
enforcible upon the parties thereto, as
any finding, order or award of the
/ commission under the provisions of
this act.'
Conditions of Binding Awards
Under the express terms of the act
the commission has no authority to
] rA
parties so agree prior to or during the
| investigation by the industrial COM
mission. If the parties do not so agree,
the award is only advisory and may
be used by the parties as basis of a
settlement as provided in paragraph
(2) above quoted.
II is evident, that if the parties,
after the entering of an award accept
the terms of said award, and agree to
abide by them that the same practi-
cally constitutes a contract and is
binding upon them and being accepted
after knowing such terms, the parties
cannot say that such award is un-
reasonable and ask for a rehearing
thereon.
II the parties prior to the rendi-
ton of the award agree to be bound
thereby, the industrial commission
theE constitutes a board of arbitration
and its award is binding to the eN-
tent of the agreement of the parties.
In such a case the commission feels
that sections "a and 35 apply and
that either or both of the parties may
apply for rehearing thereon and
thereafter would be entitled to bring
suit in the district court as provided
in sections 81 and 80 of said act.
II the parties prior to or during the
investigation by the commission of
an industrial dispute do not agree to
be bound by the award, the award has
no binding affect upon either party
and therefore, does not affect the
rights or interests of either of the
parties thereto. because the parties
cannot be affected by an award which
is neither binding upon nor enforcible
against them apd the commission is
of the opinion that unless opposing
parties to controversies agree, prior
to the entering of an award that the
same shall be binding rehearing
would be n useless procedure.
Rehearing Is Denied.
And the commission is further of
the opinion that in case opposing
parties agree before the rendition of
an award in an industrial dispute to
be bound by such order then neither
of the parties can change existing
conditions as to hours or wages, pend
ing the final determination of such
dispute, including n rehearing, ap-
peal to the district court or error to
1 the supreme court.
The parties to this controversy did
not agree at any time prior to the
| Al.