It is
representatives are directly concerned with the matter in dispute. obvious, however, that in practice a Board so composed may find difficulty in reaching agreement on its Award and it is usual to arrange beforehand that failing agreement the Award may be made by the Chairman alone acting as Umpire.
(iv) The Civil Service Arbitration Tribunal.
In 1925 an agreement was reached between the Treasury and the Staff Side of the National Whitley Council whereby, failing agreement by negotiation, arbitration on questions affecting the emoluments, weekly hours of work and leave of classes of Civil Servants should be open to Government Departments on the one hand and to recognised associations of Civil Servants within the scope of the National Whitley Council, party to the agreement on the other.
"Emoluments" include pay and allowances of the nature of pay, bonus, overtime ratos, subsistence ratos, travelling and lodging allowances.
A "Class" is regarded as any well defined category of Civil Servants who, for the purpose of a particular claim, occupy the same position or have a common interest in the claim.
Under the agreement, cases were originally referred for settlement to a special division of the Industrial Court. Since 1936 by a supplemental agreement, cases have been referred to a special Civil Service Arbitration Tribunal consisting of an independent chairman, ono member drawm fron a panel of persons appointed by the Minister of Labour and National Service es representing the Chancellor of the Exchequer for the time being, and one member dravm from a panel, similarly appointed, representing the Staff Side of the National Whitley Council for the Administrative and Legal Departments of the Civil Service. Civil Servants and officials of Civil Service Organisations are regarded as ineligible for appointments to these panels. Provision is made for the President of the Industrial Court to be chairman of the Tribunal or if he is not available a person appoint»6 Ny the Ministry of Labour and National Service in consultation with the parties to the Agreement. The members of the Tribunal are drawn from the panels referred to above at the direction of the chairman.
Subject to the over-riding authority of Parliament, effect is given to the Awards of the Tribunal by the Government..
(v) General.
There are no hard and fast rules of procedure governing arbitration proceedings.
Although under the Industrial Courts Act the Minister of Labour is empowered to make rules regulating procedure whore matters are referred to the arbitration of one or more persons, no such rules have been made or apply to arbitration proceedings other than those of the Industrial Court.
Where possible a clause is included in the agreement to proceed to arbitration or in the terms of reference to the Board providing for the matter to be decided by the Chairman alone if the Board are unable to agree as to their Award. The powers of a Board of Arbitration or Arbitrator technically coase with the issue of the Award, and questions of interpreta- tion cannot therefore be referred direct to the original tribunal, but have to be submitted to the Minister, who normally requires the consent of both sides before referring any such question to the original Board or Arbitrator.
The representation of the parties by Counsel or Solicitors is dis- couraged. Whether such representation should be allowed rests within the discretion of the appointed arbitration authority, but if either side is allowed to be legally represented, it is the practice for the other side to be notified of the fact beforehand.
Whatever the form of the arbitration tribunal, neither the Industrial Courts Act nor the Conciliation Act imposes any statutory obligation upon the parties to accept Awards. Since however arbitration can only take place by
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