Page:The Green Bag (1889–1914), Volume 19.pdf/737

 6gb

THE GREEN BAG

dispute a copy of the application at the same time that he transmits the application to the Registrar, and the other party must in turn prepare a statement in reply and forward the same to the Registrar and to the party making the application. Upon receipt of the application and upon being satisfied that the Act applies, the Minister establishes the Board under his hand and seal of office. This must be done within fifteen days from the date at which the application has been received. The Board consists of three members appointed by the Minister, one on the recommendation of the employer concerned in the dispute, one on the recommendation of the employees, and the third on the recommendation of the other two. The applicant for the Board may make his recommendation simultane ously with his application, but both parties must make their respective recommenda tions within five days after being required to do so by the Minister, or within such further time as he may grant, failing which the Minister may select and appoint repre sentatives who shall be deemed to be ap pointed on the recommendation of the parties. Similarly, if the two representatives of the parties have not, at the end of five days after their appointment, or within such further time as the Minister may grant, re commended a third member, the Minister may select and appoint such third member, who shall be deemed to be appointed by the other two, and who shall be the chairman of the Board. The members of the Board take an oath of office before entering on their duties, and are thereafter equipped by the Department with whatever clerical as sistance may be necessary. When constituted the Board is invested with all the ordinary powers of a court of justice. It may summon and enforce the attendance of witnesses, require the pro duction of books and documents, take evidence under oath, and do and cause to be done whatever else may be necessary to a full investigation of the matters in con

troversy; but the documentary evidence is not to be made public except in so far as the board deems expedient. This is to prevent unnecessary injury or prejudice to the parties concerned. Provision is also made for the payment of witnesses and for penalties or punishment for contempts of the orders and other process of the board. Power is given to enter, or to authorize others to enter, upon any lands or premises or works associated with the dispute, and there, if necessary, to conduct the investi gation. The proceedings are to be public or private as may be deemed expedient, regard being had to the wishes of the parties. Any party to a reference may be represented by three or less than three persons, or by counsel with the consent of the Board. The members of the Board are allowed their travelling expenses, and may be paid for their services, but they are debarred, under a heavy penalty, from accepting any perquisite or gratuity apart from their remuneration by the Government. Com petent experts or assessors may be engaged, with the Minister's consent, to examine the books or official reports of either party, and to advise upon any technical or other matter material to the investigation. Dur ing the course of the reference the Board may do whatever it deems proper to induce a settlement; but it may dismiss any matter referred to it which it considers frivolous or trivial. If a settlement is effected, a memorandum of the terms is drawn up by the Board and signed by the parties, and shall, if so agreed, be binding as if made a recommendation of the Board under the Act. A copy of the memorandum with a report is then forwarded to the Minister. If a settlement is not effected, the Board shall report fully to the Minister, setting forth all the proceedings (which are not to be invalidated by defects of form or techni cal irregularities), the items of dispute, the findings thereon, the recommendations of settlement according to the merits and substantial justice of the case, and, where