CONCILIATION AND ARBITRATION

Bureau of Labor Statistics, U.S. Department of Labor

CONCILIATION AND ARBITRATIONSource: Monthly Labor Review, Vol. 7, No. 2 (AUGUST, 1918), pp. 232-240Published by: Bureau of Labor Statistics, U.S. Department of LaborStable URL: http://www.jstor.org/stable/41827412 .

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CONCILIATION AND ARBITRATION.

CONCILIATION WORK OF THE DEPARTMENT OF LABOR, JUNE 17 TO JULY It, 1918.

Under the organic act of the department, which gives the Secretary of Labor the authority to mediate in labor disputes through the ap- pointment, in his discretion, of commissioners of conciliation, the Secretary exercised his good offices between June 15, 1918, and July 16, 1918, in 143 labor disputes. The companies involved, the number of employees affected, and the results secured, so far as information is available, were as follows:

STATEMENT SHOWING THE NUMBER OF LABOR DISPUTES HANDLED BY THE DE- PARTMENT OF LABOR, THROUGH ITS COMMISSIONERS OF CONCILIATION, JUNE 17, 1918, TO JULY 16, 1918.

Workmen affected. Dispute. Result.

Directly. Indirectly.

Threatened strike, miners, gold mines, Oatman, Ariz 400 Adjusted. Strike, painters, working for Thomas Thomson, Indian- 15 Do. apoîis, Ind.

Controversy, Ralston Steel Car Co. and machinists, Colum- 9« 375 -Machinists em- bus, Ohio. ployed elsewhere at higher rate oř pay. Controversy, Intertype Co. and metal polishers, Brooklyn, 8 1,200 Pending.

Controversy, American Cigar Co., New York 100 950 Adjusted by War Intelligence Board and New York Stat* Board.

Controversy, Oakwood Railway, Dayton, Ohio Referred to Na- tional War La- bor Board. Controversy, Mason Machine Works and employees, Taun- 750 Do. ton, Mass. Threatened strike, Corn Products Co. and electrical workers, 12 2,500 Do. Argo, 111.

Strike, carpenters, Hunt-Spiiler Manufacturing Co., South 14 Adjusted. Boston, Mass. Controversy, Sun Shipyard and marine electrical workers, 12 Do. Chester, Pa. Strike, garment workers, Miller Manufacturing Co., Fort 200 Do. W orth, Tex. Strike, telephone operators. Southwestern Telegraph & 9 12 Pending. Telephone Co., Childress, Tex. Threatened strike, bakers and helpers, Los Angeles, Cal 400 200 Do. Strike, employees of 26 sausage manufacturers, Chicago, 111 . . 4, 000 500 Adjusted. Controversy, Continental Iron <fc Bolt Co., Chicago, 111 600 Pending. Controversy, electrical workers and construction division 25 60 Adjusted, at Camp Kearney and North Island, San Diego, Cal. Controversy, Trenton Street Railway Co., Trenton, N. J.... 250 50 Adjusted without services of commissioner. Strike, machinists, Jackson-Church Co., Saginaw, Mich 100 Referred to Na- t i o n a ) War- Labor Board. Strike, machinists and helpers, Auto Garage, Bloomington, 60 80 Adjusted. Threatened strike, St. Louis Fire Department, St. Louis, Mo. 850 Do. Strike, retail clerks, Bloomington, 111 800 450 Do. Strike, drug clerks, Bloomington, 111 22 Do.

232 [452]



MONTHLY LABOR REVIEW. 233

STATEMENT SHOWING THE NUMBER OF LABOR DISPUTES HANDLED BY THE DE- PARTMENT OF LABOR, THROUGH ITS COMMISSIONERS OF CONCILIATION, JUNE 17, 1918, TO JULY 16, 1918-Continued.

Workmen affected. Name. Result.


Threatened strike, asbestos coverers. Philadelphia, Pa Pending. Threatened strike, Union Rolling Mills Co., Cleveland, Ohio. 200 600 Adjusted. Strike, street railway employees, Jacksonville, Fla 212 Referred to the Na- ti o n a 1 War Labor Board. Threatened strike, cooks and waiters, Fort Worth, Tex 200 25 Adjusted. Strike, furnace men, Arkansas Zinc & Smelting Co., Van 90 110 Do. Buren, Ark.

Strike, yard laborers, Arkansas Zinc & Smelting Co., Van 110 90 Do. Buren. Ark. Strike, Forstman & Huffman Woolen Mills, Garfield, N. J.. 450 2,200 Do. Strike, Bijou Motor Lighting Co., Hoboken, N. J 65 800 Do. Strike, Baltimore Bargain House, Cumberland, Md 50 35 Pending. Controversy, Regina Lace Co., Central Falls, R.I Adjusted. Controversy, Hansahoe Manufacturing Co, Valley Falls, R.I Do. Lockout, American Tobacco Co., Louisville, Ky 80 3,000 Do. Controversy, Star Piano Co., Richmond, Ind Pending. Strike, shipyard, Jas. Shewan <fc Sons (Inc.), New York 1,000 4,000 Do. Controversy, meat packers, Allegheny County, Pa 800 Referred to Na- tional War Labor Board. Strike, mashinists, Curtiss Aeroplane <fe Motor Co., Buffalo, 300 15. 000 Adjusted. N. Y. Threatened strike, chain makers, James McKay Co., Pitts- 700 Pending. burgh, Pa. ßtrike. machinists and tool makers, 10 machine shops, New 91*2 90 Adjusted. York, and Brooklyn, N. Y. Strike, retail clerks, East St. Louis, 111 Pending. Strike, machinists, Brierly Machine Co., Cleveland, Ohio. . 30 60 Plant reported op- erating to full

capacity; company declined mediation: de- clared situation entirely satisfac- tory. Threatenedstrike,B. F. Sturtevant Blower Co., Hyde Park, 430 1,760 Adjusted. Mass.

Strike, Naumkeag Steam Cotton Co., Salem, Mass 600 1, 150 Emplovees accept- ed advance of 10 per cent increase offered bv company, and difference between the 10 per cent and demands made by employees to .be referred to 'State board of arbitration. Men returned to work.

Controversy, ship carpenters, Biloxi, Miss 200 Adjusted. Controversi', Ohio State Power Co., Fremont, Ohio 5 25 Do. Strike, Ricé Bros.' shipyard. East Boothbay, Me 40 100 Do. Controversy, Badger State Tannery. Sheboygan, Wis 551 560 Do. Controversy, American Hide & Leather Co.. Sheboygan, Wis. 350 Do. Controversy, Kokomo Steel <fc Wire Co., Kokomo, Ind 20 1,200 Da Strike, building trades, Cincinnati, Indianapolis & Western 50 200 Do. R. R. Co., Indianapolis, Ind. Controversy, Bass Foundry & Machine Co., Fort Wayne, 85 Pending. Ind. Controversy, New Orleans Light, Power, Street Railway 3,000 Adjusted. & (ias Cos., New Orleans, La. Controversy, calkers, shipyards. Orange, Tex Pending. Controversi*, Sumner Iron Works, Everett, Wash 76 300 Unable* to adjust. Threatened strike, transfer and baggage men, Los Angeles, 70 35 Adjusted. Cal. Threatened strike, electrical workers, Ohio River Power Co., 10 9 Do. Steubcnville, Ohio.

Controversy. Steuben ville, East Liverpool & Beaver Valley 2 Do. Traction Co. and linemen, Steubenville, Ohio. Strike, electrical linemen and station employees, employed * 800 Pending. by electric light companies in eastern Massachusetts. * Controversy, Pattern Makers interstate Association and 150 Adjusted. pattern makers, 10 firms, Cleveland, Ohio. Controversy, Standard Foundry Co., Racine, Wis 90 100 Da

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234 MONTHLY LABOE BEVIEW.

STATEMENT SHOWING THE NUMBEB OF LABOR DISPUTES HANDLED BY THE DE- PARTMENT OF LABOR, THROUGH ITS COMMISSIONERS OF CONCILIATION, JUNE 17, 1918. TO JULY 16, 1918- Continued.

Workmen affected. Nam». Eesult-


Strike, Globe Seamless Steel Tube Co., Milwaukee, Wis - 24 300 Adjusted. Controversy, National Enameling A Stamping Co* St. 300 80 Men agreed tr> re- Louis, Mo. turn to work on condition that if the local

lodges could not enter into an agreement with company before July 15 the matter would be pre- sented to the National War Labor Board.

Controversy, Athletic Mining & Smelting Co., Fort Smith, 100 100 Adjusted. Ark. Controversy, Fort Smith Smelter Co., Fort Smith, Arie AO 20 Do. Controversy, Exposition Cotton Mills, Atlanta, Ga 80 070 Mills in operation, the company claiming they have all the labor

required to oper- ate the mills. Controversy, American Sheet & Tin Plate Co., Elwood, Ind.. 3 1,600 Adjusted. Controversy, machinists and boiler makers, Salt Lake City. 630 Da Utah: at Galligher Machinery Co., Salt Lake Iron & Steel Co., American Foundry & Machinery Co., Davis-Howe Co., Lundine & May Foundry Co., western Heating & Sheet Metal Works, Western Stove & Foundry Works, and four minor firms.

Strike, Riddell Bros*, Atlanta, Ga 10 10 President of com- Contmv«,

cede demands made by machinists, especially closed shop but offered to pay as high rate of wages as ob- tains in Atlanta.

Controversy, Cleveland Chain Co., Cleveland, Ohio 40 Pending. Threatened strike, Omaha & Council Bluffs Street Car Co. . 800 140 Referrr d to Na- tional War La- bor Board. Strike, machinists, American-British Co., Bridgeport, Conn. 4,000 30,000 Do. Threatened strike, Aluminum Goods Manufacturing Co., 75 561 Adjusted. Two Rivers, Wis. Threatened strike, stonemasons and bricklayers, Turner 100 35 Da Construction Co., Washington, D. C. Strike, teamsters, Leavenworth, Kans Pending. Controversy, gypsum-mill workers. Fort Dodge, Iowa Do. Controversy. Standard Oil Co. and boiler makers, Chicago. Da Ml., and Whiting, Ind. Controversy , Klieber & Dawson Co., and machinists, In- 75 Da dianapolis. Ind. Strike, boiler makers, Midwest Refining Co. and Standard 70 900 Adjusted. Oil Co., Casper, Wyo.

Controversy, elevator operators, San Francisco, Cal Pending. Controversy, American Sheet & Tin Plate Co., Nfew Castle, 800 2,200 Adjusted, la. Controversy, Heins Pickle Co., Henderson Ky 50 Do. Threatened strike, A. M. Byers Co., Girard, Ohio 700 400 Referred to Na- tional War La- bor Board. Strike, carpenters on grain elevators, American Milling Co.. 150 000 Adjusted. Peoria, ill. Strike, weavers, Katterman Silk Mill, Passaic, N. J 42 60 Da Strike, ircight handlers,* Oregon- Washington Railroad & 100 Da Navigation Co., Portland, Oreg. Controversy, miners, BIo6sburg Coal Co., Blossburg, Pa Do. Controversy, Bertelsen & Peterson, East Boston, Mass 14 500 Da Strike, teamsters and chauffeurs, Kankakee, ill 240 1,000 Do. Controversy, Hamilton Manufacturing Co ., Two Rivers, Wis. 65 550 Da Controversy, F. Eggert» Veneer Seat Co., Two Rivers, Wis. . 45 184 Da

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MOMTHLY LABOE REVIEW, 235

STATEMENT SHOWING THE NUMBER OF LABOR DISPUTES HANDLED BY THE DE- PARTMENT OF LABOR, THROUGH ITS COMMISSIONERS OF CONCILIATION, JUNE 17, 1918, TO JULY 16, 191&- Continued.

Workmen affected. Nam«. Result.


Threatened stri)», Wausau Southern Lumber Co., Laurel, 300 1,800 Adjusted. Miss. Threatened strike, J, E. Decker & Sons' packing bouse, 650 Da Mason City, Iowa. Strike, leather workers, National Leather Belting Co. and 100 Da five other companies, New York. Strike, boiler makers, machinists, and helpers, contract and 33 12 Da machine shops, Pueblo, Cedo. Threatened strike, Marinette & Menominee Paper Co., Mari- 280 384 Da nette, Wis.

Strike, paper-mill workers, Oregon City, O reg Pending. Threatened strike, machine-shop workers, Rodeford, 111 1,000 Da Threatened strike^ Houston Packing Co., Houston, Tex 230 60 Do. Controversy, electrical workers on docks, Duluth, Minn., Da and Superior, Wis. Threatened strike, Koeniges Plating Mills, Two Rivers, Wis. 322 324 Adjusted. Controversy, Quaker Oats Co. and machinists, Cedar Pending. Rapids, Iowa.

Lockout, garment workers, M. E. Smith & Co., Omaha, 40 400 Commissioner reo- Nebr. ommends investigation of facts by Investigation and Inspection 8ervice.

Controversy, vegetable handlers, Omaha,- Nebr 19 Negotiations between parties had not been broken off, and commissioner be- lieved they could settle their own affair. Controversy, United States Gypsum Co., Port Clinton, Ohio. 3 200 Adjusted. St rike, machinists, Olsen Co., Philadelphia Pending. Controversy, plasterers and building contractors, Fort 60 300 Adjusted. Wayne, Ind.

Controversy, machinists, Newark, N. J Pending. Walkout, Olympia Steel Works, Seattle, Wash 50 Nonunion crew has been secured and

plant is working normal capacity. Company on un- fair list,' but no trouble at plant. Threatened strike, carmen, Southern Pacific Railway Co., 400 Adjusted. New Orleans, La. Strike, Portable Elevator Manufacturing Co., Bloomington, 60 Do. ill.

Strike, street-car motormen and women conductors, Keno- 47 Da sba, Wis. Threatened strike, wet-wash laundry workers, Seattle, Wash. 100 Do.

Strike, Tinius Olsen Testing Machine Co., Philadelphia, Pa.. 125 175 Pending. Strike. Amoskeag Manufacturing Co. and Stark Mills, Man- 8, 000 20, 000 Adjusted, ehester, N. H. Strike, textile workers, Lowell, Mass Adjusted by Mas sachusett? Public

Safety Commis- sion. Controversy, Garfield Smelting Co., C.arfield, Utah Pending. Lockout and strike, Nonnabo Chemical Co., East Provi- 260 700 Referral to tbo dence, R. I. National Wui' Labor Board.

Controversy, carpenters, Asheville, N. C Pending. Strike, meter readers, People's Gas Light Co., Chicago, 111. . 118 4,900 Adjusted. Controversy, Canton Sheet Steel Co., Canton, Ohio Do. Threatened strike, foundry employees, American Locomo- 400 300 Pending, tive Co., Schenectady. N. Y. Controversy, molders, Grand Rapids, Mich 200 Adjusted. Controversy , packing teamsters , Kansas City , Mo Pending. Controversy, laundry workers, Leavenworth, Kans., and Do. Kansas City, Mo.

Controversy, Lombards Iron Works, Aueusta, Ga 100 Adjusted. Controversy, American Locomotive Works, Richmond, Va Do. Strike, National Enameling 4 Stamping Co., Granite City, 2,600 4, 500 Pending.

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236 MONTHLY LABOE REVIEW.

STATEMENT SHOWING THE NUMBER OF LABOR DISPUTE8 HANDLED BY THE DE- PARTMENT OF LABOR, THROUGH ITS COMMISSIONERS OF CONCILIATION, JUNE 17, 1918, TO JULY 16, 1918- Concluded.

Workmen affected. Name. Result.

Directly. Iniirectly.

Lockout, Boynton Refining Co., Bovnton, Okla 20 15 Adjusted. Strike, Kaw Boiler Works, Kansas City, Mo Pending. Controversy, Ottumwa Co.. Ottumwa, Iowa Do. Controversy, Warner Gear Co. and pattern makers, Mun- 4 1,500 Adjusted, eie, Ind. Controversy, Muncie Foundry & Machine Co., pattern 20 380 Do. makers, Muncie, Ind.

Controversy, Rosenwald & Weil Co. and raincoat makers, 550 Company refused Chicago, 111. to reinstate em-

ployees who were discharged. Men will remain at work.

Controversv, Albanv * Car Wheel Co. and foundry employees, 100 125 Pending. Albany, N. Y. * Controversy, Driver-Harris Co., Trenton, N. J Do. Controversy, foundries, Brooklyn, N. Y Do. Controversy, Baltimore & Ohio R.R.Co, and boiler makers, 18 Adjusted. Washington, D. C. Strike, composition roofers employed by 20 firms, Boston, 110 Do. Mass. Controversy, Hoover-Owen & Rentschler Co., Hamilton, Do. Ohio. Controversy, Traction Co. and linemen, Fairmont, W. Va. . 65 210 Do. Controversy, Gainesville & Northwestern Ry., Gainesville, Pending. Ga. Controversy, Cleveland Construction Co., Camp Perry, Ohio Do. Threatened strike, American Tobacco Co., Louisville, Ky Do. Controversy, machinists, Connersville Blower Co., Conners- Do. ville, Ind.

Controversy, P. H. & F. M. Roots Co. and machinists, Con- Do. ners ville, Ind. Strike, Wickwire Steel Co., Buffalo, N. Y Do. Strike, carpenters, Turner Construction Co., Washington, 132 Do. D, C. Controversy, Cummings Leather Co., Woburn, Mass Do. Controversy, express agents and employees on routes out of Do. Kansas City, Mo. Lockout, Ehman Tire & Rubber Co., Chicago, 111 80 400 Referred to th# National War Labor Board. Controversy, boiler makers and others, Ames Iron Works, Pending. Oswego, N. Y. Controversy, leather workers, A. C. Lawrence Leather Co., Do. Peabody, Mass.

Controversy, painters, Indianapolis, Ind 28 Adjusted. Controversy, textile workers, Rhode Island Pending. Threatened strike, stockyards, St. Paul, Minn l)o. Lockout, S. Engle Garment Factory, Glen Lyon, Pa Do. Controversy, Standard Tin Plate Mills, Canonsburg, Pa Do. Walkout, Standard Wheel Co., Terre Haute, Ind Do. Strike, steam fitters, Virginia Shipbuilding Corp., 'lex- 25 Adjusted. andria, Va. Controversy, steam fitters and plumbers, Standard Engi- . Pending. neering Co., Cincinnati, Ohio. Controversy, bridge operators and inside wiremen, Mil- Do. waukee, Wis.

Controversy, teamsters, Peoria, 111 (') Do. Threatened strike, United Boiler, Heating & Foundry Co., Do. Hammond, Ind.

Controversy, El wood , Ind Do. Strike, shoe cutters, Brockton, Mass : Do. Controversy, Smith & Wesson Co., Springfield, Mass Do. Controversy, barbers, Atlanta, Ga Do. Controversy, Sterling Products Co., Evansville, Ind Do. Threatened strike, machinists, Indianapolis, Ind Do. Controversy, Maytag Co. and machinists, Newton, Iowa Do. Controversy, electrical workers, Fort Wayne, Ind Do. Controversy, various large factories, Kewanee, 111 Do. Controversy, River Terminal Ry. Co., Cleveland, Ohio Do. Controversv, Morrell & Co., Ottumwa, Iowa Do. Threatened strike, General Electric Co., Lynn, Mass Do.

* All in the city of Peoria.

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MONTHLY LABOR BEVIEW. 237

The following cases noted as pending in the June statement have been disposed of:

Controversy, machinists, American Laundry Co., Rochester, N. Y. Controversy, coppersmiths, Joe. Kopperman á Sons, Philadelphia, Pa. Threatened strike, Tredegar Iron Works, Richmond, Va. Controversy, metal polishers, Rochester Stamping Co., Rochester, N. Y. Controversy, metal polishers, Bastonia Co., Rochester, N. Y. Strike, plumbers and stearafitters, Rochester, N. Y. Controversy, teamsters, Schenectady, N. Y. Controversy, Kewanee Boiler Works, Kewanee, 111. Strike, furnace men, National Zinc Co., Bartlesville Zinc Co., and Lanyon-Starr

Co., Bartlesville, Okla. Controversy, Briggs á Stratton Co., Milwaukee, W7is. Controversy, Jackson Iron á Steel Co., Star Furnace Co., and Globe Iron Co.,

Jackson, Ohio. Controversy, Standard Foundry Co., Racine, Wis. Strike, Toledo Foundry Co., Toledo, Ohio. Strike, Central Leather Co. (C. N. Allen Sons Co.), Kenosha, Wis. Strike, Western Union Overall Mfg. Co., Kansas City, Mo. Controversy, Baker Bros. Foundry á Machine Co., Toledo, Ohio. Strike, Howe Scales Co., Rutland, Vt. Controversy, live-stock handlers, stock yards, Fort Worth, Tex. Walkout, Barker Works, Greenbay, W7is. Controversy, Werner A Pfleiderer Co., S. Fair á Sons, Wiekes Bros., Stork Motor

Co., F. A. Bartlett & Co., Nelson Bros., Mitts & Merrill Foundry Co., Valley Gray Iron & Foundry Co., Jackson & Church Mfg. Co., and molders, Saginaw, Mich.

CONCILIATION AND ARBITRATION IN GREAT BRITAIN.1

The following report on conciliation and arbitration, made under date of January 31, 1918, to the Right Hon. David Lloyd-George, prime minister, by the committee on relations between employers and employed of the British Ministry of Reconstruction, has just been published in printed form. This report opposes compulsory arbitration and advocates an extension of voluntary machinery for'the adjustment of disputes, stating, however, at the same time that they " do not think that there should be any compulsory power of delaying strikes and lockouts." The committee further recommends the establishment of a standing arbitration council for cases where parties wish to refer disputes to arbitration. Following is the complete text of the report : We believe that the recommendations made in our earlier reports for the establish-

ment of industrial councils will provide facilities for full and free discussion of matters affecting the several industries and so improve the relations between employers and employed. We have thought it necessary, however, to give some attention to the cases in which the parties may desire voluntarily to refer some difference that lias arisen to arbitration or conciliation. But it must be understood that we do not intend to express any views on the extent to which disputes can be equitably or satisfactorily settled in this way. As regards arbitration, our sole concern in this report is with the i Great Britain. Ministry oí Reconstruction. Committee on relations between employers and

employed. Report on conciliation and arbitration. London. 1918. 6 pp. Cd. 9081. 71795o- 18 10 [457]



238 MONTHLY LABOB BEVIEW.

question of the machinery to be provided when it is the expressed wish of both parties, for any reason, to have recourse to it.

2. We are opposed to any system of compulsory arbitration; there is no reason to believe that such a system is generally desired by employers and employed, and, in the absence of such general acceptance, it ia obvious that its imposition would load to unrest. The experience of compulsory arbitration during the War has shown that it is not a successful method of avoiding strikes, and in normal times it would un- doubtedly prove even less successful. Disputes can only be avoided by agreement between employers and workers and by giving to the latter the greater measure of interest in the industry advocated in our former reports; but agreement may natur- ally include the decision of both parties to refer any specified matter or matters to arbitration, whether this decision is reached before or after a dispute arises.

3. For the same reason we do not recommend any scheme relating to conciliation which compulsorily prevents strikes or lockouts pending inquiry. But it is obviously possible and desirable that in some instances arrangements should be voluntarily made in organized trades for holding an inquiry before recourse to extreme measures; and we suggest that the Ministry of Labor should be authorized to hold a full inquiry when satisfied that it was desirable, without prejudice to the power of the disputing parties to declare a strike or lockout before or during the progress of the inquiry.

4. It is important that it should be clearly understood that we do not contemplate the imposition of an elaborate system of conciliation and arbitration upon industry, in place of the present well-recognized voluntary conciliation and arbitration machinery which exists in so many of the important trades of the country. On the con- trary, we desire to emphasize the advisability of a continuance, as far as possible, of the present Bystem whereby industries make their own agreements and settle their differences themselves.

5. The extent to which machinery for the conciliatory adjustment of disputes exists in the important trades of this country is one of the most marked features of its industrial organization, and the valuable work that has been done by the numerous conciliation and arbitration boards in the past has rendered it possible for the State to renpain very much in the background. There seems no reason to suppose that after the war these boards will not continue to work effectively, and it may be (especially in so far as they may become merged in or correlated with the joint industrial councils, whose establishment the committee have recommended) that they will achieve an even large degree of success in securing the settlement of points that may arise between employers and employed, when regular joint meetings, apart from any disputes, have been established, and their benefit experienced.

6. It is desirable, however, to consider the part that should be taken by the State in the event of those directly concerned in industry being unable to adjust their differences themselves. The interest of the community rna' require that there should be an unbiased and independent examination of the facts and circumstances connected with any dispute between employers and employed. On this point the committee have had under consideration the Canadian Industrial Disputes Investigation Act, and the report on the working of that act made by Sir George Askwith [Cd. 6C03]. They have also had under consideration the recommendations contained in the report of the industrial council [Cd. 0952 of 1913]. The committee indorse the view that there should be means by which an independ-

ent inquiry may be made into the facts and ci reunia tances of a dispute and an authoritative pronouncement made thereon, although this does not carry with it any compulsory power of delaying strikes or lockouts.

7. Section 2 (1) (a) of the Conciliation Act, J 890, empowers the Ministry of Labor to cause an inquiry to be held into the facts and circumstances of dispute. Presumably the existing act empowers the Ministry of Labor to publish reports made as a result of inquiries of this character, but, if not, the necessary power should be obtained, so

1458]



MONTHLY LABOB BEVIEW. 239

that there may be immediate publication, for the information of those affected by the dispute and of the public generally, of an independent and authoritative account of the matters in difference. The question whether these powers should be exercised in respect of particular case3

is one which must be left to the discretion of the Government department concerned. 8. Arbitration being recognized as an appropriate method whereby the parties t<>

industrial differences may voluntarily seek to have thoee differences adjusted, it is necessary to consider what form of arbitration tribunals are calculated to command the confidence of those who may appeal to them. Under the Conciliation Act the usual form of arbitration tribunal was the "single arbitrator," an independent person appointed by the Board of Trade sitting as sole judge except in cases where the points in disputo necessitated the assistance of technical assessors . Courts of arbitration (an employer 's representative, a workmen's representative, and .an independent chairman) were established in 1908, but comparatively few cases are referred to this form of tribunal

9. Under the Munitions of War Act, in addition to single arbitrators and courts of arbitration, two other forms of tribunal were established - the committee on production and the special arbitration tribunal for women's wages. The committee on production consisted of three independent persons appointed by the Government, and the majority of the disputes referred to arbitration during the War other than those affecting the wages of women on munitions work have been settled by that tribunal. Its personnel has recently been changed and it is now constituted on lines similar to a court of arbitration, except that its members hold continuous office and are not appointed ad hoc. , The special arbitration tribunal for women's wages consists of an independent chairman and members chosen either for their official experience or their special knowledge of the interests of employers and workpeople, respectively.

10. As arbitrations affecting the same trade or section of trades may recur, there are advantages to both employers and workpeople in knowing that the tribunal to which they submit any differences which they may have failed themselves to settle is one to which previous differences have been submitted, and which therefore has become to some1 extent familiar with the conditions of the trade.

11. For these reasons it would appear desirable that there should be a standing arbitration council on the lines of the present temporary committee on production to which differences of general principles and differences affecting whole industries or large sections of industries may be referred in cases where the parties have failed to come to an agreement through their ordinary procedure, and wish to refer the differences to arbitration.

Such tribunal should include in its membership persons who have practical experience and knowledge of industry, and who are acquainted with the respective standpoints of employers and workpeople.

12. There are, however, certain administrative difficulties connected with the util- ization of tribunals of three or more persons, particularly where the parties desire that their case should be heard locally, and where the matter is one of relatively small importance, and it is desirable that suitable persons should be available to act as single arbitrators where the parties agree to submit their case to a single arbitrator. Persons possessing experience of industrial conditions and acquainted with industrial and work- shop life, including representatives of labor, would seem the most likely to command the respect and confidence of the parties. It will be obvious that the efficiency of an arbitrator, provided that he possesses the right personal qualifications, increases with practice and the study of the conditions with which he has to deal.

13. The question whether, and if so, by what means, awards of single arbitrators should be coordinated with the more general awards of the standing arbitration council is one of considerable difficulty, as there are important reasons why the several awards should not conflict.

The experience which has been gained of the various forms of arbitration tribunals suggests that there are great advantages to all parties in facilitating coordination of

Ì 1 [459]



240 MONTHLY LABOR REVIEW.

decisions. Conflicting decisions given by different tribunal« are bound to cause dis- satisfaction to one or other party. With the object of avoiding such conflict as much as possible it is of paramount importance that the department charged with the appoint- ment of arbitrators should be in a position to insure that the several arbitrators should have opportunities of interchanging views and experiences. The means to insure reasonable coordination shbuld be provided through the secretariat of the standing arbitration council. The awards and decisions of that council would be circulated among the single arbitrators who would thus be kept in touch with the more general and comprehensive cases.

14. In order that there might be the requisite differentiation between questions of general importance or principle and questions of comparatively less importance, the department responsible for referring cases of arbitration should pass all cases to the secretariat of the standing arbitration council. The secretariat should include a highly trained staff with experience of industry and knowledge of arbitration work so that proper differentiation would be made between the various cases and, subject to the concurrence of the parties, the several cases referred to the form of tribunal most competent to deal with them to the satisfaction of those concerned.

15. The question whether awards and agreements should be made enforceable by means of monetary or other penalties was examined exhaustively by the industrial council in an inquiry commenced in 1912, and the committee concur generally in the views expressed in the report made by the council in 1913 [Cd. 6952] to the effect that, while it is to the interests of both employers and workpeople and the community generally that industrial agreements should be duly fulfilled, in the long run this object is more likely to be secured by an increased regard for moral obligation, respect for an instructed public opinion, and reliance on the principles of mutual consent rather than by the establishment of a system of monetary penalties.

16. Our conclusions, therefore, are that (a) whilst we are opposed to any system of compulsory arbitration, we are in favor of an extension of voluntary machinery for the adjustment of disputes. Where the parties are unable to adjust their differences we think that there should be means by which an independent inquiry may be made into the facts and circumstances of a dispute, and an authoritative pronouncement made thereon, though we do not think that there should be any compulsory power of delaying strikes and lockouts; ( b ) we further recommend that there should be established a standing arbitration council for cases where the parties wish to refer any dispute to arbitration, though it is desirable that suitable single arbitrators should be available where the parties so desire.

We have the honor to be, sir, your obedient servants,1 J. II. Whitley, Chairman . A. Susan Lawrence. F. S. Button. Maurice Levy. S. J. Cïiapman. J. J. Mallon. G. H. Clauohton. Thos. R. Ratcliffe-Ellis. J. R. Clynes. Allan M. Smith. F. N. Hepworth. D. R. H. Williams. Wilfrid Hill. Mona Wilson. J. A. Hobson.

II. J. Wilson, A. Greenwood,

Secretaries . 31st January, 1918. i One member of the committee, Mr. Robert Smillie, was unable to attend any of the meetings at which

this report was considered and therefore does not sign it. Another member, Mr. Allan M. Smith, has not signed the report, but makes the following statement: " Without expressing any opinion on the views contained in the arbitration report of the committee, I have refrained from signing the report because I consider that the subject dealt with is one which, unprejudiced by any pronouncement of the committee, should be left to the free discussion and consideration of the employers and workpeople in each branch of industry.'!

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CONCILIATION AND ARBITRATION

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