strike." With organization conies the establishment of machinery for the mutual discussion of differences, and discussion often leads to an amicable settlement : on the other hand, with employers and workpeople strongly organized in their respective associations, the claims advanced on behalf of labour develop beyond claims about wages and working conditions, and extend to questions of principle such as labour's right to share in the management and control of industry. Further, when a strike or lockout does occur, it often has far-reaching effects and impresses itself on the mind of the pub- lic, who tend to overlook the numerous differences which might have led to stoppages of work, but were adjusted by discussion. It is largely on the ground of the effect on the public that the State is held to be justified in introducing restrictive legislation for deal- ing with strikes and lockouts, particularly in the group of industries known as " public utility " services, and, failing settlement, of taking exceptional powers such as those conferred on the Govern- ment under the Emergency Powers Act, 1920. A further develop- ment of organization has been that the larger trade unions appear in some instances to have become over-centralized, and in this con- nexion the growth of works committees may well be worth watch- ing. Generally it may be said that in recent years there has been in the United Kingdom a very marked increase in the regular meetings of employers and employed for the purpose of discussion of matters which may be at issue between them; and while it cannot yet be said that there is freedom from suspicion and distrust there is clear evidence of the growth of a desire for full and frank discussion of all matters affecting the relations between employers and employed. The conciliation and, arbitration machinery of the British Gov- ernment is frankly based on the acceptance of organization by employers and workmen into their respective associations; the joint industrial council scheme is based on organization, and the Industrial Courts Act definitely provides that a difference shall not be referred by the Ministry of Labour to arbitration until there has been failure to adjust the difference by the conciliation machinery existing in the industry.
BRITISH COLONIAL LEGISLATION
In connexion with British colonial legislation on the subject of conciliation and arbitration, it may be recorded that in Canada the Industrial Disputes Investigation Act of 1907 continues to represent the legislative position of the Government.
In Australasia a considerable number of amendments have been made. In New Zealand the Industrial Conciliation and Arbitration Act has been amended to enable awards and agreements to be amended to meet alterations in conditions of employment and the cost of living. Further, the existing machinery was strengthened by the Labour Disputes Investigation Act, 1913, which provides machinery for the investigation of disputes not coming within the scope of the Industrial Conciliation and Arbitration Act. The 1913 Act provides for conference of the parties with a view to securing an amicable settlement, or, in the alternative, investigation by labour disputes committees. Before a strike may lawfully take place, a ballot of the workers is taken by the registrar of industrial unions and the result of the ballot publicly notified. After the lapse of seven days from the publication of such result, the workers are free to strike, whatever the result of the ballot may have been. Simi- lar provisions are made to apply in the case of lockouts. Most of the states of Australia have passed new laws on this subject. In Victoria, under the Factory and Shops Acts of 1915 and 1919, and in Tasmania under the Wages Boards Acts of 1910, 1911, 1913 and 1917, there is a wages board system; in Victoria there is no pro- hibition of strikes and lockouts, but in Tasmania penalties are pro- vided for stoppages of work on account of any matter in respect of which a board has made a determination. In Western Australia, the Industrial Arbitration Act of 1912 provides for an Industrial Arbitration Court and prohibits strikes and lockouts, while in New South Wales under the Industrial Arbitration Acts of 1912, 1916, 1918 and 1919, in Queensland under the Industrial Arbitration Act of 1916, and in South Australia under the Factory Acts of 1907, 1908, 1910 and 1915 and the Industrial Arbitration Acts of 1912, 1915 and 1916, there are both a wages board and an industrial court system. In accordance with the provisions of the Acts in New South Wales and Queensland, the industrial courts in those states have been exercising the functions of wages boards, and the work of the existing boards has been greatly curtailed. Under the industrial court system, an industry does not technically come under review until a dispute has actually arisen, but most of the Acts have given the president of the court power to summon a compulsory confer- ence. The Commonwealth of Australia has also recently amended its procedure by means of the Industrial Peace Act, 1920, which sets up certain advisory councils (Commonwealth and District) for considering matters affecting the prevention and settlement of trade disputes and further authorizes the governor-general to set up special tribunals (Commonwealth and District) empowered to issue enforceable awards on any industrial disputes (i) referred by the parties to the dispute, or (2) as to which the tribunal or other appropriate authority has convened a compulsory conference and a complete agreement has not been reached.
OTHER COUNTRIES
The movement in the United States is dealt with in a sub- sequent section of this article. A considerable number of other countries have amended their laws on the subject of the settle- ment of strikes and lockouts.
In Norway a law dated Aug. 1915 introduced for the first time in that country machinery for the settlement of labour disputes by the State. One noteworthy feature of the new measure was the applica- tion of the principle of compulsory investigation and delay before a stoppage of work takes place, in which respect it resembles the Canadian Industrial Disputes Investigation Act of 1907. Another noteworthy feature is the compulsory registration of trade unions and employers' associations and the recognition and regulation of collective agreements. Two methods of procedure are established for the prevention and settlement of labour disputes. Questions arising out of existing collective agreements must be brought before a specially constituted labour court, while those originating from other matters affecting labour are to be submitted to conciliation boards to be set up throughout the country. This was followed in 1916 by a compulsory arbitration law. It should also be noted that the Provisional Works Councils Act of July 1920 requires the estab- lishment of a works council in every establishment employing regu- larly throughout the year not less than 50 workers, on a demand of one-fourth of the workpeople. The functions of the councils are advisory only ; they may consider and express an opinion on matters concerning the establishment so far as they relate to working con- ditions, rates of remuneration, workshop regulations, welfare insti- tutions, etc. No penalty is laid down for failure to comply with the terms of this law.
In Sweden the law of 1906 providing for the appointment of con- ciliators was subjected to inquiry from 1916 onwards with a view to revision and, as a result, it was superseded by three new measures all dated April 1920. The first is a law amending and extending the original law in respect of the appointment of local official con- ciliators; the second establishes a permanent Arbitration Court (con- sisting of three impartial persons nominated by the Crown and representatives of organized employers and workpeople) to deal with disputes arising out of collective agreements, without recourse to strikes or lockouts or to legal process in the ordinary courts; whilst the third relates to the appointment, on request, of special arbitrators for individual disputes arising out of collective agree- ments and involving matters of minor importance. Recourse to the Arbitration Court is voluntary.
In Rumania in Aug. 1920 a bill was passed for settling industrial disputes. Strikes and lockouts without recourse to conciliation are prohibited in establishments employing ten or more persons. When a dispute arises, a conference is required to be held in the presence of an official of the Ministry of Labour and if an agreement is reached the decision becomes obligatory on all the parties. Arbitration may be resorted to where conciliation fails and is compulsory in the case of Government establishments and what might be broadly described as " public utility " services. Provision is made for widening the scope of the proceedings and altering the constitution of the Arbi- tration Court so that the decision may be made applicable to all local establishments similar to those involved in the initial dispute. The decision arrived at is obligatory on all parties.
In Switzerland the Factory Act ot 1877, which was amended in certain respects in 1905, was repealed and superseded by a new labour law of June 1914, which included within its scope measures for averting and settling industrial disputes. The Act provided, with a view to the amicable settlement of disputes which are calculated to lead to a strike or lockout, for the appointment of permanent cantonal conciliation committees which might intervene either on their own initiative or at the request of the authorities or of the parties directly concerned. Persons summoned before these tribu- nals are obliged, under penalty, to appear. A certain number of employers and workpeople in any industry may mutually agree to constitute a conciliation committee so far as those employers and workpeople are cor.cerncd.
In Germany a decree of the new Government of Dec. 1918 con- tinued, for the purpose of the settlement of labour disputes and pending arrangements of further statutory regulations, the sys- tem of district conciliation committees which had been established during the war. The constitution, functions and powers of these conciliation committees are similar to those of the industrial courts which have been in existence in Germany for many years, in so far as these latter deal with the settlement of ordinary labour dis- putes. An Act of Jan. 1920 requires the setting up of works coun- cils, one of whose functions it is to appeal to the conciliation com- mittee or to an arbitration board to be agreed upon, failing a settle- ment of disputes at the works. It may be noted that these works councils are vested with very wide powers such as the right to demand information of all business transactions. The works councils are to be united in district councils whose work will be coordinated in a federal works council; these can meet representatives of employers in district economic councils and in a federal economic council. A provisional federal economic council has already been established although the subordinate organizations are not yet in existence. A
