As an indication of the trend of thought towards voluntary arbitration, mention may here be made of the Trade Disputes Act of 1906 to remove the
This lot, disabilities placed on trade unions by the "Osborne" judgment. it will be recalled, legalised peaceful picketing and conferred immunity of Trade Unions in respect of acts done in contemplation and furtherance of a trade disputo.
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During the years following the passing of the Conciliation Act of 1896 increasing use was male of the machinery available under the Act for the purpose of settling industrial disputes. Moanwhile, trade union organisation was growing and in many cases workpeople relied on the strike as a more effec- tive means of securing a settlement. Those strikes culminated in the national strikes of 1911-12. A now development of the labour movemont was also presented when, in 1912 for the first time in history, all the coal mining districts struck together, irrespective of the fact that the terminal dates of wage agreements varied in different districts. It was apparent from the effects of these and other disputes that the machinery of the Conciliation Act needed strengthening. To this end, an Industrial Council was established in 1911 "for the purpose of considering and of enquiring into the matters referred to them affecting trade disputes
The Council consisted of thirteen representatives of employers and a corresponding number of workpeople prosided over by Sir George (now Lord) Askwith. In a memorandum issued by the Board of Trade with respect to the Council it was stated that "the Government did not desire to interfere but rather to encourage and foster such voluntary methods or agreements as are now in force or are likely to be adopted for the prevention of stoppage of work or for the settlement of disputes
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In its conclusions the Council stated that the whole organisation of collective bargaining, with which it expressed approval, is based on the principle of consent:
"We have found that such collective agreements have been, as a rule, kept, and we are loth either to interfere with the internal organisation of the associations on both sides by putting upon them the legal necessity of exercising compulsion upon their members, or to introduce a new principle which might have far reaching and unexpected effects upon the natural growth of such associations or upon the spirit with which as a rule they have been carried
on."
In 1912 Sir George Askwith, at the request of the Government, conducted an enquiry into the working of the Canadian Industrial Disputes Investigation Act of 1907. Briefly this Act aimed at preventing strikes and lock-outs before an opportunity of adjustment had been provided through impartial investigation. In his Report, dated 9th December, 1912, Sir George Askwith
said:
"I consider that the forwarding of the spirit and intent of conciliation is the more valuable portion of the Canadian Act, and that an Act on these lines, even if the restrictive features which aim at delaying stoppage until after enquiry were omitted, would be suitable and practicable in this country. Such an Act need not necessarily be applied in all cases, but neither need it be confined to services of public utility. It could be generally available in cases where the public were likely to be seriously affected. Without the restrictive features it would give the right not only to conciliate but fully to investigate the matters in dispute, with similar powers in regard to witnesses, production of documents and inspection, as are vested in a court of record in civil cases, with a view, if conciliation fails, to recommendations being made as to what are believed to be fair terms."
No legislation action on the lines suggested by Sir George Askwith had resulted when the War broke out in 1914.
During the early years of the war, it became evident that something more than purely voluntary measures was necessary in order to prevent stoppages of work delaying the production of munitions. The settlement of differences by negotiation and Conciliation Board procedure necessarily involved some delay;
21.