Page:EB1922 - Volume 30.djvu/206

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172
ARBITRATION AND CONCILIATION


The termination of the war was followed by an outburst of unrest, and the position became so serious that in Feb. 1919, the Government summoned a further national conference of em- ployers and workpeople to consider the position. A committee appointed by the conference subsequently made a number of proposals on questions relating to hours, wages, and general conditions of employment, unemployment and its prevention, and the best methods of promoting cooperation between capital and labour. As regards wages, one of the recommendations was the continuance of the Wages (Temporary Regulation) Act, 1918 for a further period of six months, and this recommendation was adopted by the Government in the Wages (Temporary Regula- tion) Extension Act, 1919.

In connexion with this period of unrest, special reference may be made to the coal-mining industry where the position became so acute in connexion with demands of the Miners' Federation, including a demand for the nationalization of the industry, that in Feb. 1919 the Government set up a commission (under the Coal Industry Commission Act) to inquire into the position of, and conditions prevailing in, the industry. (For the reports of this commission see Cmd. 359, 360 and 361 of 1919.)

During the war a number of committees and commissions had been appointed by the Government to inquire into problems connected with labour disputes. Thus, there were (i) an inquiry by Lord Balfour of Burleigh and Sir Lynden Macassey, K.C., into " the cause and the circumstances of the apprehended differences affecting munition workers in the Clyde district," Dec. 1915; (2) commission appointed in June 1917 to inquire into and report upon industrial unrest and to make recommenda- tions to the Government " reports summarized by Mr. G. N. Barnes, M.P. (Cd. 8696); (3) committee under the chairmanship of Mr. Justice Atkin, appointed in 1918 as a result of a strike of omnibus workers to investigate and report as to the relations which should be maintained between the wages of men and women, having regard to the interests of both, as well as the value of their work (Cd. 835); (4) committee appointed in 1918 under the chairmanship of Mr. Justice McCardie to inquire into matters connected with a strike of munition workers at Coventry and elsewhere in connexion with the Government embargoes on the transfer of employment of skilled men; and (5) committee appointed in Oct. 1916, under the chairmanship of Mr. J. H. Whitley, to make suggestions for securing a permanent improve- ment in the relations between employers and employed (Cd. 9153, etc.).

Whitley Committee. The recommendations of the last-named committee were of far-reaching importance and in fact formed the basis of the Government's post-war policy in regard to industrial relations and strikes and lockouts. The committee recommended the setting up of joint industrial councils (now sometimes called " Whitley Councils ") in trades where em- ployers and workpeople were sufficiently organized, the extension of trade boards for poorly organized trades, and the temporary establishment of other bodies for " intermediate " trades. The committee's recommendations with regard to the establishment of joint industrial councils were prefaced by a declaration to the effect that in the interests of the community it is vital that after the war cooperation of all classes, established during the war, should continue, more especially with regard to the relations between employers and employed, and that, for securing im- provement in the latter, it is essential that any proposals put forward should offer to workpeople the means of attaining im- proved conditions of employment and a higher standard of com- fort generally, and involve the enlistment of their active and continuous cooperation in the promotion of industry. The committee then recommended that H.M. Government should propose without delay to the various associations of employers and employed the establishment for each industry of an organiza- tion, representative of employers and workpeople, to have as its object the regular consideration of matters affecting the progress and well-being of the trade from the point of view of all those engaged in it so far as this is consistent with the general interest of the community. The committee recommended that the

national councils should be supplemented by the creation of district councils and works committees to deal with district and local matters respectively and they outlined the questions with which the national councils, district councils, or works committees might deal. The Government intimated their acceptance of the recommendations of the Whitley Committee and at this date (Dec. 1920) 63 joint industrial councils have been established in various industries in the country. The Government have applied the machinery in their own industrial establishments and also in the civil service. The committee also issued a report on conciliation and arbitration and their recommendations thereon were as follows:

(1) Whilst we are opposed to any system of compulsory arbi- tration, we are in favour of the extension of voluntary machinery for the adjustment of disputes. Where the parties are unable to adjust their differences, we think that there should be means by which an independent inquiry may be made into the facts and circumstances of the dispute and an authoritative announcement made thereon, though we do not think that there should be any compulsory power of delaying strikes and lockouts.

(2) We further recommend that there should be established a standing arbitration council for cases where the parties wish to refer any dispute to arbitration, though it is desirable that single arbi- trators should be available where the parties so desire.

The constitution and functions of the joint industrial councils are in many respects similar to those of conciliation boards, but whereas the latter have dealt mainly with questions affecting rates of wages and conditions of labour or demarcation of work between various classes of operatives, the industrial councils are designed to have a wider scope and can take into consideration matters of every kind which appertain to the welfare and smooth working of the industry. The encouragement of joint industrial councils formed a definite part of the broad policy of the Govern- ment to encourage industries so far as possible to settle their own disputes. In certain large and important industries (coal-mining, railways, agriculture) where the Government have not yet found it possible to relinquish their special war relations, while joint industrial councils have not been established, the Government have taken steps to set up special conciliation machinery. For example, in coal-mining special machinery is provided for by the Mining Industry Act of 1920; for railways, the Government have established special conciliation machinery, including a national wages board; and in agriculture, wages boards have been estab- lished under the Corn Production Act, 1917, and Agriculture Act, 1920. The voluntary conciliation machinery which was the fundamental factor in this country before the war, but which was in suspense during the war, is therefore now being reestablished on a substantially wider basis and the result of the establishment of the industrial councils has undoubtedly been greatly to increase the opportunities for the conciliatory discussion and adjustment of labour disputes.

The recommendation of the Whitley Committee with regard to trade boards was also adopted by the Government and, following the passing of the Trade Boards Act of 1918, the Government embarked on a policy of the extension of trade boards. These boards differ from Whitley Councils in that they consist partly of representatives of the employers and workpeople in the trade and partly of persons appointed by the Government; their determinations are statutorily enforceable as minimum rates and extend to the whole of the trade and, moreover, the boards are established in industries where the organization of employers and workpeople is weak. While they would not normally be included in the definition of conciliation machinery, it is advisable to note them in connexion therewith as, by estab- lishing minimum rates of wages in low-paid industries, they tend to remove one of the root causes of labour unrest. Moreover, the meetings of employers and employed for trade board business afford opportunities for the mutual discussion of other matters and thus tend to improve the relations between the parties.

Industrial Courts Act. The recommendations of the Whitley Committee on the subject of conciliation and arbitration formed the basis of the Industrial Courts Act, which was passed in Nov. 1919, This act sets up alternative forms of tribunals to which recourse can be had, if both parties to a dispute agree. Of these,