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Rh ARBITRATION

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ARBITRATION

activity of Bishop Spalding in the anthracite-strike commission in 1902-3; the strong public approba- tion given by His Eminence CiirJinul (jibbons, and as well many instances of successful activity by clergymen, all serve to show that C'atliolic leaders recognize the value of conciliation and arbit ration in promoting industrial peace. In France, Utlgium, (iermany, and Italy we find the Catholic attitude e<iually strong. In these countries the endorsement of the organization of labour is most empliatic.as is also the demand by representative Catliolics for recognition of organizations of labour, for boards of conciliation and arbitration, all of which is in har- mony with the spirit and teaching of Leo XIII, who, in his encyclical on the condition of the work- ing men, expresses strong approval of conciliatory methods in arranging disputes between labour and capital.

GovERMMENT.\.L Arbitkation. — The Government of the United States enacted laws, in 18S8 and 1896, by which pro\ision is made for mediation, concilia- tion, or arbitration, in interstate-commerce disputes. If ijoth parties join in requesting action, the decision of the board is enforceable in equity for one year. The law authorizes an investigation, decision, and publication of decision, whether or not such action IS invited. The only effect produced by the law was the creation of the strike commission to investigate the Pullman Strike in 1894. In 1905 tw'enty-live States of the Union had made legal provision for arbitration, the earliest law being that of Maryland, of 1878. There are four forms of boards: (1) Local arbitration without permanently constituted boards, found in four States; (2) Permanent district or county boards, established by private parties, found in four States; (3) Arbitration or Conciliation through the State Commissioner of Labour, found in five States; (4) State boards for the settlement of industrial disputes, found in seventeen States. In some States several typos of institution may be found. The laws in the first group of States are practically dead letters. The same may be said of the second group, with the exception of Pennsylvania, where some effect has been produced. Intervention by State Commissioners of Labour has had but moderate success. In only eight of the seventeen States which have State boards of arbitration have real results been accomplished. These States are New York, Massachusetts, New Jersey, Ohio, Wis- consin, Illinois, Indiana, Missouri. The records, for instance, of New York and Massachusetts are repre- sentative:

Disputes,

Initiation

of Board,

of Employer,. ..

of Union

of both

Preliminary Action only, Kflect,

failure

success

of those settled —

by Conciliation,

by Arbitration,.

Otherwise

Strikes in same period,. .

154 255 185

In England the present law dates from 189(5. It provider for the registration of private boards of conciliation or arbitration by the Board of Trade, and it permits the Board of Trade in times of dispute to investigate and mediate, on the request of either party to appoint a board of conciliation, or on the request of l)otli parties to create a board of arbitra- tion. In the period of 1S9(>-1903, requests for in- tervention were made by employers in twenty cases,

by labourers in fifty-four cases, by both jointly in seventy-one cases, a total of 145. In seventeen cases failure resulted, while in the same period there were 4,952 strikes. In France the present law dates from 1892. Either or both parties to a dispute may apply to a local justice of the peace who acts as conciliator. In case of a strike, if application is not made, the justice of the |>eace is retiuired to offer his services. If efforts of conciliation fail, arbitration is attempted. The entire proceeding is voluntary, the only pressure exerted is from the prospect of publishing the facts and decisions. In the period of 1893-1903, re- quests for intervention under the law were made by employers in forty-two cases, by labourers in 782 Civses, by both jointly in thirty-three cases; initiative wxs taken by the justice of the peace in 556 cases. Full procedure was had in only 784 cases, in 342 of which failure resulted. During that same period there were 5,874 strikes. The present law of Belgium dates from 1887. Boards are organized in different industries, either at the decree of the king or on the request of the commune, the employers, or the labourers. The members of the board are elected legally, and the board is rcc|uired to meet at least once a year. The majority of the boards already created are due to royal initiative. In the period of four years under the action of the law, but sixteen strikes out of a total of 610 were settled by the labour councils. In Germany the boards are called In- dustrial Courts, the law authorizing their action dating from 1890. An amendment was added in 1901, making the formation of industrial courts compulsory in all cities of 20,000 inhabitants. The courts are composed of representatives of employers and labourers in equal numbers, while the president is appointed by local authorities. Conciliation is attempted in case of disputes; that failing, the court must investigate, render a decision, and publish it. In 1903 there were 400 courts in existence. Of 174 applications for intervention made in that year, 135 came from one side only; in fifty-four cases set- tlement was reached by conciliation. Of decisions rendered in that time, six were rejected. During that year out of a total of 1,501 strikes, fifty-five were brought to peaceful termination. In Austria, by the law of 1883, the factorj-inspectors are au- thorized to intervene in threatened or actual disputes, for the sake of industrial peace, while a law of 1896 provides indirectly for conciliation and arbitration in mining. Denmark, the Netherlands, Switzerland, Canada, and Italy have legislated also in the interests of industrial peace, by creating boards, and facilitating prevention or settlement of industrial disputes. New Zealand alone luis gone to the extent of in- augurating compulsory arbitration. The present law is from 1900, with amendments up to 1904, the origi- nal law, however, dating from 1S94. There are seven industrial districts in which the law provides for the creation of boards of conciliation, while there is one supreme court of arbitration over all. The latter is composed of three memlK-rs. one of whom is a judge of the supreme court, the other two being appointed by the governor from nominations made by regis- tered trade unions and registered employers' asso- ciations. The local boards of conciliation act in all cases submitted to them, and endeavour to effect peaceful settlements. If they succeed, an industrial agreement is made which becomes compulsorj'. If the parties fail to agree, the board itself renders a decision, which may be accepted or appealed from — to the General Board of .Arbitration — within one month. If no such action be taken by the parties to the dispute, the decision becomes compulsorj'. If the case comes to the Supreme Court of Arbitration, its decision is final. It appears that awards by this court of arbitration affect all employers engaging in the industry affected after the decision has been