552
ARBITRATION
AND
CONCILIATION IN LABOUR variation in the character and range of questions which men, who should thereupon have the powers conferred by the boards are empowered to determine. For example, the Act of 1824. The Act contains provisions for the some boards in the coal trade (e.//., the conciliation boards appointment of conciliation committees, and other details in Northumberland and the so-called “Federated Districts”) which are of little interest seeing that the Act was never deal solely with the general rate of wages. Othres, e.g., put into operation. Another amendment of the Act of the “joint committee” in Northumberland and Durham, 1824 was made by the Arbitration (Masters and Workmen) confine their attention solely to local questions not affect- Act of 1872, which contemplated the conclusion of agreeing the counties as a whole. The Durham conciliation ments between employers and employed, designating some board deals with any general or county questions. This board of arbitration by which disputes included within the distinction between “general” and “local” questions scope of the former Acts should be determined. A master corresponds nearly, though not entirely, to the distinction or workman should be deemed to be bound by an agreement often drawn between questions of the terms of future under the Act, if he accepted a printed copy of the agreeemployment and of the interpretation of existing ment and did not repudiate it within forty-eight hours. agreements. Some conciliation boards are unlimited as Like the previous legislation, however, the Act of 1872 regards the scope of the questions which they may was inoperative. The evidence given before the Boyal consider. This was formerly the case with the boards in Commission on Labour (1891-94) disclosed the existence of the boot and shoe trade, but under the “ terms of settle- a considerable body of opinion in favour of some further ment” of the dispute in 1895 drawn up at the Board of action by the state for the prevention or settlement of Trade, certain classes of questions (e.g., the employment of labour disputes, and some impetus was given to the moveparticular individuals, the adoption of piece-work or time- ment by the settlement through official mediation of work, &c.) were wholly or partially withdrawn from their several important disputes, e.g., the great coal-miners’ consideration, and any decision of a board contravening dispute of 1893 by a conference presided over by Lord the “terms of settlement” is null and void. A special Bosebery, the cab-drivers’ dispute of 1894 by the mediafeature in the procedure for conciliation and arbitration in tion of the Home Secretary (Mr Asquith), and the boot the boot and shoe trade, is the deposit by each party of and shoe trade dispute of 1895 by a Board of Trade .£1000 with trustees, as a financial guarantee for the conference under the chairmanship of Sir Courtenay performance of agreements and awards. A certain class Boyle. In these, and a few other less important cases, of conciliation boards, mostly in the Midland metal trades, the intervention of the Board of Trade or other departwere attached to “alliances” of employers and employed, ment took place without any special statutory sanction. having for their object the regulation of production and of The Conciliation Act passed in 1896 was framed with a prices {e.g., the Bedstead Trade Wages Board). Some of view to giving express authorization to such action in the future. these alliances, however, have been dissolved. This Act is of a purely voluntary character. Its most At all events up to the year 1896, the development of arbitration and conciliatiqn as methods of settling important provisions are those of section 2, empowering Legislation la^°ur disputes in the United Kingdom was the Board of Trade in cases “where a difference exists or in the entirely independent of any legislation. Pre- is apprehended between any employer, or any class of United viously to the Conciliation Act of 1896 (described employers, and workmen, or between different classes of Kingdom. |:)eiow) several attempts had been made by workmen,” to take certain steps to promote a settlement parliament to promote arbitration and conciliation, but of the difference. They may of their own initiative hold with little or no practical result, and the Act of 1896 an inquiry or endeavour to arrange a meeting between the repealed all previous legislation on the subject, at the parties under a chairman mutually agreed on or appointed same time excluding the operation of the Arbitration Act from the outside, and on the application of either party of 1889 from the settlement of “ any difference or dispute they may appoint a conciliator or a board of conciliation to which this Act applies.” The laws repealed by the who shall communicate with the parties and endeavour to Conciliation Act need only a few words of mention. bring about a settlement and report their proceedings to During the 18th century the fixing of wages by the Board of Trade. On the application of both parties magistrates under the Elizabethan legislation gradually the Board of Trade may appoint an arbitrator. In all cases decayed, and the Acts 20 Geo. II. c. 19 and 31 Geo. II. the Board of Trade has discretion as to the action to be c. 11, gave summary jurisdiction to justices of the peace to taken, and there is no provision either for compelling the determine disputes between masters and servants in certain parties to accept their mediation or to abide by any agreecircumstances, although no rate of wages had been fixed ment effected through their intervention. There are other that year by the justices of the peace of the shire. These provisions in the Act providing for the registration of and other laws, relating specially to disputes in the cotton- voluntary conciliation boards, and for the promotion by weaving trade, were consolidated and amended by the the Board of Trade of the formation of such boards in Arbitration Act of 1824. This Act seems chiefly to have districts and trades in which they are deficient. During been aimed at disputes relating to piece - work in the the first five years after the passage of the Act {i.e., up to textile trades, though applicable to other disputes arising the middle of 1901) the number of cases arising under out of a wages contract. It expressly excluded, however, section 2 (providing for action by the Board of Trade for the fixing of a rate of wages or price of labour or work- the settlement of actual or apprehended disputes) was 113, manship at which the workmen should in future be paid and the number of settlements effected 70. Of the 43 unless with the mutual consent of both master and work- disputes not settled under the Act, 10 were settled between men. The Act gave compulsory powers of settling the the parties during the negotiations, and in 33 cases the disputes to which it relates on application of either party applications were refused by the Board of Trade, or their to a court of arbitrators representing employers and efforts to effect a settlement were unsuccessful. Of the workmen nominated by a magistrate. The award could 70 settlements, 32 were effected by conciliation and 38 be enforced by distress or imprisonment. The Act was by arbitration. At present, however, the number of subsequently amended in detail, and by the “ Councils of cases of arbitration under the Act appears to be increasConciliation Act” of 1867 power was given to the Home ing compared with those of conciliation, and several Secretary to license “ equitable councils of conciliation and voluntary conciliation boards formed or reorganized since arbitration ” equally representative of masters and work- the passage of the Act provide in their rules for an
