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in force with respect to witnesses in civil suits in the superior courts in the province where the inquiry is being conducted.
35. Where a reference has been made to the board of a dispute between a railway company and its employees, any witness summoned by the board in connection with the dispute shall be entitled to free transportation over any railway en route when proceeding to the place of meeting of the board and thereafter returning to his home, and the board shall furnish to such witness a proper certificate evidencing his right to such free transportation.
36. If any person who has been duly served with such summons and to whom at the same time payment or tender has been made of his reasonable traveling expenses according to the aforesaid scale, fails to duly attend or to duly produce any book, paper or other document or thing as required by his summons, he shall be guilty of an offense and liable to a penalty not exceeding one hundred dollars, unless he shows that there was a good and sufficient cause for such failure.
37. If, in any proceedings before the board, any person willfully insults any member of the board or willfully interrupts the proceedings, or without good cause refuses to give evidence, or is guilty in any other manner of any willful contempt in the face of the board, any officer of the board or any constable may take the person offending into custody and remove him from the precincts of the board, to be detained in custody until the rising of the board, and the person so offending shall be liable to a penalty not exceeding one hundred dollars.
38. The board, or any member thereof, and, on being authorized in writing by the board, any other person, may, without any warrant than this act, at any time, enter any building, mine, mine workings, ship, vessel, factory, workshop, place or premises of any kind, wherein, or in respect of which, any industry is carried on or any work is being or has been done or commenced, or any matter or thing is taking place or has taken place, which has been made the subject of a reference to the board, and inspect and view any work, material, machinery, appliance or article therein, and interrogate any persons in or upon any such building, mine, mine workings, ship, vessel, factory, workshop, place or premises as aforesaid, in respect of or in relation to any matter or thing hereinbefore mentioned, and any person who hinders or obstructs the board or any such person authorized as aforesaid, in the exercise of any power conferred by this section, shall be guilty of an offense and be liable to a penalty not exceeding one hundred dollars.
39. Any party to a reference may be represented before the board by three or less than three persons designated for the purpose, or by counsel or solicitor where allowed as hereinafter provided.
40. Every party appearing by a representative shall be bound by the acts of such representative.
41. No counsel or solicitor shall be entitled to appear or be heard before the board, except with the consent of the parties to the dispute, and notwithstanding such consent the board may decline to allow counsel or solicitors to appear.
42. Persons other than British subjects shall not be allowed to act as members of a board.
43. If, without good cause shown, any party to proceedings before the board fails to attend or to be represented, the board may proceed as if he had duly attended or had been represented.
44. The sittings of the board shall be held at such time and place as are from time to time fixed by the chairman, after consultation with the other members of the board, and the parties shall be notified by the chairman as to the time and place at which sittings are to be held: Provided, That so far as practicable, the board shall sit in the locality within which the subject-matter of the proceeding before it arose.
45. The proceedings of the board shall be conducted in public: Provided, That at any such proceedings before it, the board, on its own motion, or on the application of any of the parties, may direct that the proceedings shall be conducted in private and that all persons other than the parties, their representatives, the officers of the board and the witnesses under examination shall withdraw.
46. The decision of a majority of the members present at a sitting of the board shall be the decision of the board, and the findings and recommendations of the majority of its members shall be those of the board.
47. The presence of the chairman and at least one other member of the board shall be necessary to constitute a sitting of the board.
48. In case of the absence of any one member from a meeting of the board the other two members shall not proceed, unless it is shown that the third member has been notified of the meeting in ample time to admit of his attendance.
2. If any member of a board dies, or becomes incapacitated, or refuses or neglects to act, his successor shall be appointed in the manner provided with respect to the original member of the board.
49. The board may at any time dismiss any matter referred to it which it thinks frivolous or trivial.
50. The board may, with the consent of the minister, employ competent experts or assessors to examine the books or official reports of either party, and to advise it upon any technical or other matter material to the investigation, but shall not disclose such reports or the results of such inspection or examination under this section without the consent of both the parties to the dispute.
Remuneration and expenses of board.
51. The members of a board while engaged in the adjustment of a dispute shall be remunerated for their services as follows:
(a) To members other than the chairman
(i) An allowance of five dollars a day for a time not exceeding three days during which the members may be actually engaged in selecting a third member of the board ;
(ii) An allowance of fifteen dollars for each whole day's sittings of the board;
(iii) An allowance of seven dollars for each half-day's sittings of the board ;
(6) The chairman shall be allowed twenty dollars a day for each whole day's sittings of the board, and ten dollars a day for each half-day's sittings;
(c) No allowance shall be made to any member of the board on account of any sitting of the board which does not extend over a half day, unless it is shown to the satisfaction of the minister that such meeting of the board was necessary to the performance of its duties as speedy as possible, and that the causes which prevented a half-day's sitting of the board were beyond its control.
52. No member of the board shall accept in addition to his salary as a member of the board any perquisite or gratuity of any kind, from any corporation, association, partnership or individual in any way interested in any matter or thing before or about to be brought before the board in accordance with the provisions of this act. The accepting of such perquisite or gratuity by any member of the board shall be an offense and shall render such member liable to a fine not exceeding one thousand dollars.
53. Each member of the board will be entitled to his actual necessary traveling expenses for each day that he is engaged in traveling from or to his place of residence for the purpose of attending or after having attended a meeting of the board.
54. All expenses of the board, including expenses for transportation incurred by the members thereof or by persons under its order in making investigations under this act, salaries of employees and agents, and fees and mileage to witnesses shall be allowed and paid upon the presentation of itemized vouchers therefor, approved by the chairman of the board, which vouchers shall be forwarded by the chairman to the minister. The chairman shall also forward to the minister a certified and detailed statement of the sittings of the board, and of the members present at such sittings.
DUTIES OF THE REGISTRAR.
55. It shall be the duty of the registrar:
(a) To receive and register, and, subject to the provisions of this act, to deal with all applications by employers or employees for a reference of any dispute to a board, and to at once bring to the minister's attention every such application;
(0) To conduct such correspondence with the parties and members of boards as may be necessary to constitute any board as speedily as possible in accordance with the provisions of this act;
(c) To receive and file all reports and recommendations of boards, and conduct such correspondence and do such things as may assist in rendering effective the recommendations of the boards, in accordance with the provisions of this act;
(d) To keep a register in which shall be entered the particulars of all applications, references, reports and recommendations relating to the appointment of a board, and its proceedings; and to safely keep all applications, statements, reports, recommendations and other documents relating to proceedings before the board, and, when so required, transmit all or any of such to the minister;
(e) To supply to any parties, on request, information as to this act, or any regulations or proceedings thereunder, and also to furnish parties to a dispute and members of the board with necessary blank forms, forms of summons or other papers or documents required in connection with the effective carrying out of the provisions of this act;
(f) Generally, to do all such things and take all such proceedings as may be required in the performance of his duties prescribed under this act or any regulations thereunder. STRIKES AND LOCKOUTS PRIOR TO AND PENDING A REFERENCE
TO A BOARD ILLEGAL.
56. It shall be unlawful for any employer to declare or cause a lockout, or for any employee to go on strike, on account of any dispute prior to or during a reference of such dispute to a board of conciliation and investigation under the provisions of this act, or prior to or during a reference under the provisions concerning railway disputes in the Conciliation and Labor Act: Provided, That nothing in this act shall prohibit the suspension or discontinuance of any industry or of the working of any persons therein for any cause not constituting a lockout or strike: Provided also, That, except where the parties have entered into an agreement under section 62 of this act, nothing in this act shall be held to restrain any employer from declaring a lockout, or any employee from going on strike in respect of any dispute which has been duly referred to a board and which has been dealt with under section 24 or 25 of this act, or in respect of any dispute which has been the subject of a reference under the provisions concerning railway disputes in the Conciliation and Labor Act.
57. Employers and employees shall give at least thirty days' notice of an intended change affecting conditions of employment with respect to wages or hours; and in every case where a dispute has been referred to a board, until the dispute has been finally dealt with by the board, neither of the parties nor the employees affected shall alter the conditions of employment with respect to wages or hours, or on account of the dispute do or be concerned in doing, directly or indirectly, anything in the nature of a lockout or strike, or a suspension or discontinuance of employment or work, but the relationship of employer and employee shall continue uninterrupted by the dispute, or anything arising out of the dispute ; but if, in the opinion of the board, either party uses this or any other provision of this act for the purposes of unjustly maintaining a given condition of affairs through delay, and the board so reports to the minister, such party shall be guilty of an offense, and liable to the same penalties as are imposed for a violation of the next preceding section.
58. Any employer declaring or causing a lockout contrary to the provisions of this act shall be liable to a fine of not less than one hundred dollars, nor more than one thousand dollars for each day or part of a day that such lockout exists.
59. Any employee who goes on strike contrary to the provisions of this act shall be liable to a fine of not less than ten dollars nor more than fifty dollars, for each day or part of a day that such employee is on strike.
60. Any person who incites, encourages or aids in any manner any employer to declare or continue a lockout, or any employee to go or continue on strike contrary to the provisions of this act, shall be guilty of an offense and liable to a fine of not less than fifty dollars nor more than one thousand dollars.
61. The procedure for enforcing penalties imposed or authorized to be imposed by this act shall be that prescribed by Part XV. of The Criminal Code, relating to summary convictions,
62. Either party to a dispute which may be referred under this act to a board may agree in writing, at any time before or after the board has made its report and recommendation, to be bound by the recommendation of the board in the same manner as parties are bound upon an award made pursuant to a refers is arbitration on the order of a court of record; every agreement so to be bound made by one party shall be forwarded to the registrar who shall communicate it to the other party, and if the other party agrees in like manner to be bound by the recommendation of the board, then the recommendation shall be made a rule of the said court on the application of either party and shall be enforceable in like manner.
63. In the event of a dispute arising in any industry or trade other than such as may be included under the provisions of this act, and such dispute threatens to result in a lockout or strike, or has actually resulted in a lockout or strike, either of the parties may agree in writ- [writing] to allow such dispute to be referred to a board of conciliation and investigation, to be constituted under the provisions of this act.
2. Every agreement to allow such reference shall be forwarded to the registrar, who shall communicate it to the other party, and if such other party agrees in like manner to allow the dispute to be referred to a board, the dispute may be so referred as if the industry or trade and the parties were included within the provisions of this act.
3. From the time that the parties have been notified in writing by the registrar that in consequence of their mutual agreement to refer the dispute to a board under the provisions of this act, the minister has decided to refer such dispute, the lockout or strike, if in existence, shall forthwith cease, and the provisions of this act shall bind the parties.
64. No court of the Dominion of Canada, or of any Province or territory thereof, shall have power or jurisdiction to recognize or enforce, or to receive in evidence any report of a board, or any testimony or proceedings before a board, as against any person or for any purpose, except in the case of the prosecution of such person for perjury.
65. No proceeding under this act shall be deemed invalid by reason of any defect of form or any technical irregularity.
66. The minister shall determine the allowance or a mounts to be paid to all persons other than the members of a board, employed by the Government or any board, including the registrar, secretaries, clerks, experts, stenographers or other persons performing any services under the provisions of this act.
67. In case of prosecutions under this act, whether a conviction is or is not obtained, it shall be the duty of the clerk of the court before which any such prosecution takes place to briefly report the particulars of such prosecution to the registrar within thirty days after it has been determined, and such clerk shall be entitled to a prescribed fee in payment of his services.
68. The governor in council may make regulations as to the time within which anything hereby authorized shall be done, and also as to any other matter or thing which appears to him necessary or advisable to the effectual working of the several provisions of this act. All such regulations shall go into force on the day of the publication thereof in The Canada Gazette, and they shall be laid before Parliament within fifteen days after such publication, or, if Parliament is not then in session, within fifteen days after the opening of the next session thereof.
69. All charges and expenses incurred by the Government in connection with the administration of this act shall be defrayed out of such appropriations as are made by Parliament for that purpose.
70. An annual report with respect to the matters transacted by him uder this act shall be made by the minister to the governor-general, and shall be laid before Parliament within the first fifteen days of each session thereof.
BRITISH TRADE DISPUTES ACT OF 1906.
The text of the British Trade Disputes Act of 1906 is given in full in the following pages in response to numerous inquiries in regard to the subject. The decision in the Taff Vale case, which was the immediate cause of the enactment of this law, and the legal position of labor unions as the result of the decision, were discussed in Bulletin No. 70 of this Bureau and more at length in Bulletin No. 50, and need not be reproduced here.
AN ACT to provide for the regulation of trades unions and trade disputes [21st
Be it enacted by
Parliament assembled, and by the authority of the same, as follows:
1. The following paragraph shall be added as a new paragraph after the first paragraph of section three of the Conspiracy and Protection of Property Act, 1875 (a):
"An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable."
2.-(1) It shall be lawful for one or more persons, acting on their own behalf or on behalf of a trade imion or of an individual employer or firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or abstain from working.
(2) Section seren of the Conspiracy and Protectior of Property Act, 1875 (0), is hereby repealed from “attending at or near" to the end of the section.
3. An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that it induces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labor as he wills.
4.-(1) An action against a trade union, whether of workmen or masters, or against any members or officials thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any court.
a 'The first paragraph of section 3 of the Conspiracy and Protection of Property Act, 1877), here referred to, reads as follows:
An agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and workmien shall not be indictable as a conspiracy if such act committed by one person would not be punishable as a crime.
The part of section 7 of the Conspiracy and Protection of Property Act, 1875, which is repealed by the above paragraph reads as follows:
Attending at or near the house or place where a person resides, or works, or carries on business, or happens to be, or the approach to such house or place, in order merely to obtain or communicate information, shall not be deemed a watching or besetting within the meaning of this section. (“ Watching" and “besetting " are prohibited.)