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CANADIAN INDUSTRIAL DISPUTES INVESTIGATION ACT OF 1907.
Following is given in full the text of the Canadian Industrial Disputes Investigation Act, enacted in March, 1907, to provide machinery for the settlement of labor disputes and to prevent strikes and lockouts in mines and public-utility industries. Although the act has been in effect but a short time, it has already been employed successfully in the adjustment of a considerable number of disputes affecting large numbers of workmen employed in mining and transportation.
AN Act to aid in the prevention and settlement of strikes and lockouts in mines
and industries connected with public utilities. (Assented to 22d March, 1907.)
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. This act may be cited as the Industrial Disputes Investigation Act, 1907.
Interpretation. 2. In this act, unless the context otherwise requires(a) Minister means the minister of labor; (6) Department” means the department of labor;
(c) Employer” means any person, company or corporation employing ten or more persons and owning or operating any mining property, agency of transportation or communication, or public-service utility, including, except as hereinafter provided, railways, whether operated by steam, electricity or other motive power, steamships, telegraph and telephone lines, gas, electric-light, water and power works;
(d) “ Employee" means any person employed by an employer to do any skilled or unskilled manual or clerical work for hire or reward in any industry to which this act applies;
(e) “ Dispute” or “industrial dispute" means any dispute or difference between an employer and one or more of his employees, as to matters or things affecting or relating to work done or to be done by him or them, or as to the privileges, rights and duties of employers or employees (not involving any such violation thereof as constitutes an indictable offense); and, without limiting the general nature of the above definition, includes all matters relating to
(1) The wages allowance or other remuneration of employees, or the price paid or to be paid in respect of employment;
(2) The hours of employment, sex, age, qualification or status of employees, and the mode, terms and conditions of employment;
(3) The employment of children or any person or persons or class of persons, or the dismissal of or refusal to employ any particular person or persons or class of persons;
(4) Claims on the part of an employer or any employee as to whether and, if so, under what circumstances, preference of employment should or should not be given to one class over another of persons being or not being members of labor or other organizations, British subjects or aliens;
(5) Materials supplied and alleged to be bad, untit or unsuitable, or damage alleged to have been done to work;
(6) Any established custom or usage, either generally or in the particular district affected;
(7) The interpretation of an agreement or a clause thereof.
(f) “Lockout" (without limiting the nature of its meaning) means a closing of a place of employment, or a suspension of work, or a refusal by an employer to continue to employ any number of his employees in consequence of a dispute, done with a view to compelling his employees, or to aid another employer in compelling his employees, to accept terms of employment.
(9) "Strike” or “to go on strike (without limiting the nature of its meaning) means the cessation of work by a body of employees acting in combination, or a concerted refusal or a refusal under a common understanding of any number of employees to continue to work for an employer, in consequence of a dispute, done as a means of compelling their employer, or to aid other employees in compelling their employer, to accept terms of employment;
“ Board means a board of conciliation and investigation established under the provisions of this act;
(i) “Application” means an application for the appoinment of a board under the provisions of this act;
(1) “ Registrar” means the registrar of boards of conciliation and investigation under this act;
(k) “ Prescribed ” means prescribed by this act, or by any rules or regulations made thereunder ;
(1) “ Trade union” or “union" means any organization of employees formed for the purpose of regulating relations between employers and employees.
Administration. 3. The minister of labor shall have the general administration of this act.
4. The governor in council shall appoint a registrar of boards of conciliation and investigation, who shall have the powers and perform the duties prescribed.
2. The office of registrar may be held either separately or in conjunction with any other office in the public service, and in the latter case the registrar may, if the governor in council thinks fit, be appointed, not by name, but by reference to such other office, whereupon the person who for the time being holds such office, or performs its duties, shall by virtue thereof be the registrar. BOARDS OF CONCILIATION AND INVESTIGATION.
('onstitution of boards.
5. Wherever any dispute exists between an employer and any of his employees, and the parties thereto are unable to adjust it, either of the parties to the dispute may make application to the minister for the appointment of a board of conciliation and investigation, to which board the dispute may be referred under the provisions of this act: Provided, houerer, That, in the case of a dispute between a railway company and its employees, such dispute may be referred, for the purpose of conciliation and investigation, under the provisions concerning railway disputes in the Conciliation and Labor Act.
6. Whenever, under this act, an application is made in due form for the appointment of a board of conciliation and investigation, and such application does not relate to a dispute which is the subject of a reference under the provisions concerning railway disputes in the Conciliation and Labor Act, the minister, whose decision for such purpose shall be final, shall, within fifteen days from the date at which the application is received, establish such board under his hand and seal of office, if satisfied that the provisions of this act apply.
7. Every board shall consist of three members, who shall be appointed by the minister.
2. Of the three members of the board one shall be appointed on the recommendation of the employer and one on the recommendation of the employees (the parties to the dispute), and the third on the recommendation of the members so chosen.
8. For the purposes of appointment of the members of the board, the following provisions shall apply:
1. Each party to the dispute may, at the time of making application or within five days after being requested so to do by the minister, recommend the name of one person who is willing and ready to act as a member of the board, and the minister shall appoint such person a member of the board.
2. If either of the parties fails or neglects to duly make any recommendation within the said period, or such extension thereof as the minister, on cause shown, grants, the minister shall, as soon thereafter as possible, appoint a fit person to be a member of the board ; and such member shall be deemed to be appointed on the recommendation of the said party.
3. The members chosen on the recommendation of the parties may, within five days after their appointment, recommend the name of one person who is willing and ready to act as a third member of the board, and the minister shall appoint such person a member of the board.
4. If the members chosen on the recommendation of the parties fail or neglect to duly make any recommendation within the said period, or such extension thereof as the minister, on cause shown, grants, the minister shall, as soon thereafter as possible, appoint a fit person to be a third member of the board, and such member shall be deemed to be appointed on the recommendation of the two other members of the board.
5. The third member shall be the chairman of the board.
9. As soon as possible after the full board has been appointed by the minister, the registrar shall notify the parties of the names of the members of the board and the chairman thereof, and such notification shall be final and conclusive for all purposes.
10. Every member of a board shall hold office from the time of his appointment until the report of the board is signed and transmitted to the minister.
11. No person shall act as a member of the board who has any direct pecuniary interest in the issue of a dispute referred to such board.
12. Every vacancy in the membership of a board shall be supplied in the same manner as in the case of the original appointment of every person appointed.
13. Before entering upon the exercise of the functions of their office the members of a board, including the chairman, shall make oath or affirmation before a justice of the peace that they will faithfully and impartially perform the duties of their office, and also that, except in the discharge of their duties, they will not disclose to any person any of the evidence or other matter brought before the board.
14. The department may provide the board with a secretary, stenographer, or such other clerical assistance as to the minister appears necessary for the efficient carrying out of the provisions of this act.
Procedure for reference of disputes to boards.
15. For the purpose of determining the manner in which, and the persons by whom, an application for the appointment of a board is to be made, the following provisions shall apply:
1. The application shall be made in writing in the prescribed form, and shall be in substance a request to the minister to appoint a board to which the existing dispute may be referred under the provisions of this act.
2. The application shall be accompanied by-
(2) The nature and cause of the dispute, including any claims or demands made by either party upon the other, to which exception is taken ;
(3) An approximate estimate of the number of persons affected or likely to be affected the dispute;
(4) The efforts made by the parties themselves to adjust the dispute; and
(6) A statutory declaration setting forth that, failing an adjustment of the dispute or a reference thereof by the minister to a board of conciliation and investigation under the act, to the best of the knowledge and belief of the declarant, a lockout or strike, as the case may be, will be declared, and that the necessary authority to declare such lockout or strike has been obtained.
3. The application may mention the name of a person who is willing and ready and desires to act as a member of the board representing the party or parties making the application.
i acva uni the declaration accompanying it
sur y en murer, an incorporated company or corporation, shall #pi Sons or une des dar authorized managers or other principal execu
mit r an içerer ether than an incorporated company or corporathe sul meu este eanplorer himself in case he is an individual, or the muck the palmus ve members in case of a partnership firm or associatra
müür guminures members of a trade union, shall be signed by two of its offices du siteuriger a majority vote
of the members of the union, ab 2 vote tuineu: der the members of the union present at a meeting cu led som bor less the three days' notice for the purpose of discussing the
union, shall be signed in twa of their number duly authorized by a majority
vote taken by nanet of the campai mees present at a meeting
called on not less than three ders' notice for the purpose of discussing the question.
receipt of soch application.
ment and declaration.
by post by registered lether makinessed to the registrar of boards of conciliation and investigation, dorariament of labor, Ottawa, and the date of the receipt of such registered later at the department shall be regarded as the date of the
18. In every as we u application is made for the appointment of a board the party making plantion shall, at the time of transmitting it to the registrar, also transmit hr interent letter to the other party to the dispute, or by personal delivery, *14 af the application and of the accompanying state
19. lpon receipt hr either party to a dispute of a copy of the application ment in reply to the Whwilon and transmit it by registered letter, or by for the appointment of Ant such party shall, without delay, prepare a statepersonal delivery, to the Winrur and to the party making the application.
20. (opies of Appws or statements in reply thereto, to be transmitted to the other party miner of the preceding sections where the other party the manager or other proti plexutive officer of the company or corporation; (1) An employer un
frated company or corporation, shall be sent to be sent to the emplow himlar to the employer in the name of the business (2) An employer other than an incorporated company or corporation, shall (8) Om of opp mombers of a trade union, shall be sent to the (4) (bmptom of op die or all of whom are not members of a trade () Wher mom of the atom are members of a trade union, shall be sent to the piwhilent and III of the union as representing the employees be*** I * anthurium went much employees, shall be sent to ten of (A) Wher moment that may
onto not members of a trade union and there Tony When inte hit (1) of section 16, two persons have been auTherial numeri an niyhythms, manll be sent to such two persons.
*f***porta and procedure of boards.
hit thereto: Provided, That no dispute shall be the
the Wellen for the appointment of such board, and of its
yra #late is duly referred to a board, it shall be the
or firm as ammonit Ammati
2 men (the bers
inuer as it thinks fit, expeditiously and care
fully inquire into the dispute and all matters affecting the merits thereof and the right settlement thereof. In the course of such inquiry the board may make all such suggestions and do all such things as it deems right and proper for inducing the parties to come to a fair and amicable settlement of the dispute, and may adjourn the proceedings for any period the board thinks reasonable to allow the parties to agree upon terms of settlement.
24. If a settlement of the dispute is arrived at by the parties during the course of its reference to the board, a memorandum of the settlement shall be drawn up by the board and signed by the parties, and shall, if the parties so agree, be binding as if made a recommendation by the board under section 62 of this act, and a copy thereof with a report upon the proceedings shall be for. warded to the minister,
25. If a settlement of the dispute is not arrived at during the course of its reference to the board, the board shall make a full report thereon to the minister, which report shall set forth the various proceedings and steps taken by the board for the purpose of fully and carefully ascertaining all the facts and circumstances, and shall also set forth such facts and circumstances, and its findings therefrom, including the cause of the dispute and the board's recommendation of the settlement for the dispute according to the merits and substantial justice of the case.
26. The board's recommendation shall deal with each item of the dispute, and shall state in plain terms, and avoiding as far as possible all technicalities, what in the board's opinion ought or ought not to be done by the respective parties concerned. Wherever it appears to the board expedient so to do, its recommendation shall also state the period during which the proposed settlement should continue in force, and the date from which it should commence.
27. The board's report and recommendation shall be made to the minister in writing, and shall be signed by such of the members as concur therein, and shall be transmitted by the chairman by registered letter to the registrar as soon as practicable after the reference of the dispute to the board; and in the same manner a minority report may be made by any dissenting member of the board.
28. Upon receipt of the board's report the minister shall forthwith cause the report to be filed in the office of the registrar and a copy thereof to be sent free of charge to the parties to the dispute, and to the representative of any newspaper published in Canada who applies therefor, and the minister may distribute copies of the report, and of any minority report, in such manner as to him seems most desirable as a means of securing a compliance with the board's recommendation. The registrar shall, upon application, supply certified copies for a prescribed fee, to persons other than those mentioned in this section.
29. For the information of Parliament and the public, the report and recommendation of the board, and any minority report, shall, without delay, be published in the Labor Gazette, and be included in the annual report of the department of labor to the governor-general.
30. For the purpose of its inquiry the board shall have all the powers of summoning before it, and enforcing the attendance of witnesses, of administering oaths, and of requiring witnesses to give evidence on oath or on solemn affirmation (if they are persons entitled to affirm in civil matters) and to produce such books, papers or other documents or things as the board deems requisite to the full investigation of the matters into which it is inquiring, as is vested in any court of record in civil cases.
2. Any member of the board may administer an oath, and the board may accept, admit and call for such evidence as in equity and good conscience it thinks fit, whether strictly legal evidence or not.
31. The summons shall be in the prescribed form, and may require any person to produce before the board any books, papers or other documents or things in his possession or under his control in any way relating to the proceedings.
32. All books, papers and other documents or things produced before the board, whether voluntarily or in pursuance to summons, may be inspected by the board, and also by such parties as the board allows; but the information obtained therefrom shall not, except in so far as the board deems expedient, be made public, and such parts of the books, papers or other documents as in the opinion of the board do not relate to the matter at issue may be sealed up.
33. Any party to the proceedings shall be competent and may be compelled to give evidence as a witness.
34. Every person who is summoned and duly attends as a witness shall be entitled to an allowance for expenses according to the scale for the time being