554
ARBITRATION
AND
CONCILIATION IN LABOUR as fixing the “ hewing prices ” for new seams. Of the of trade unions by employers is a frequent cause of disremaining 325 cases, 125 are accounted for by the boot putes, and is further referred to in the article on Strikes and shoe trade. Here again a large majority of the cases and Lock-outs. It may be observed, however, that it frewere questions of classifying sample boots, shoes, or quently occurs that in cases in which both employers and materials, i.e., of determining under what heading of the employed are organized into associations which are accusexisting piece-work lists a new pattern of boot or a. new tomed to deal with each other, one or both parties enterquality of material ought properly to be classified. tain a strong objection to the intervention of any outside During the year, however, several more general questions, mediator, or to the submission of differences to an arbitrator. e.g., rates of a minimum wage and overtime payment, Thus the engineering employers in 1897 were opposed to affecting considerable bodies of men, were determined by any outside intervention, though ready to negotiate with the boot and shoe trade boards or their umpires. Thirty- the delegates chosen by the men. On the other hand, the nine cases were settled by a board for the tailoring trade in cotton operatives have more than once opposed the proAberdeen—all of minor importance. The iron and steel posal of the employers to refer the rate of wages to trades account for 30 cases, and engineering and shipbuild- arbitration, and throughout the great miners’ dispute of ing for 81. Among the latter are included a considerable 1893 the opposition to arbitration came from the men. number of “ demarcation disputes,” i.e., disputes between Naturally, the party whose organization is the stronger two bodies of workmen as to the limits of the work to be is usually the less inclined to admit outside intervention. performed by each. Four joint boards representing ship- But there have been several recent cases in which employers, wrights and joiners on the Tyne, Tees, and Clyde who refused to deal directly with trade union officials, respectively, settled 57 such cases in 1899, of which only have been willing to negotiate -with a mediator who was 4 were relegated to umpires. The great majority of the well known to be in communication with these officials above cases did not actually involve stoppage of work, (e.g., in some of the recent railway disputes). Apart, however, from the disinclination of one or both the most useful work of these permanent boards being the prevention rather than the settlement of strikes and parties to allow of any outside intervention, we have to lock-outs. During 1899 only 10 strikes were settled by consider how far the nature of the questions in dispute permanent boards—in 1898 the number being 19, and in may in any particular case put limits to the applicability 1897, 12. In none of these years were any of these strikes of conciliation or arbitration as a method of settlement. of great importance. A certain number of disputes are Since conciliation is only a general term for the action of settled every year by the mediation or arbitration of a third party in overcoming the obstacles to the conclusion disinterested individuals, e.g., the local mayor or county of an agreement by the parties themselves, there is no court judge. The number of strikes so settled in 1899 class of questions which admit of settlement by direct negotiation which may not equally be settled by this was 26, and in the previous year 16. The operations under the Conciliation Act have been method, provided of course that there is an adequate separately described above. Altogether, if the work of supply of sufficiently skilful mediators. As regards arbiall agencies for conciliation and arbitration be included, tration the case is somewhat different, seeing that in this the number of strikes and lock-outs settled by these case the parties agree to be bound by the award of a third means in 1899 was 38. During the five years 1894-99 party. For the success of arbitration, therefore, it is the annual number of strikes so settled varied between 38 important that the general principles which should govern and 45. The number of work-people affected by these the settlement of the particular question at issue should disputes in 1899 was 11,705, or about 6 per cent, of the be admitted by both sides. Thus in the manufactured persons involved in all the 719 disputes recorded in that iron trade in the north of England, it has throughout been year. It is clear from the above figures that the most im- understood that wages should depend on the prices realized,, portant and most hopeful part of the work of agencies for and the only question which an arbitrator has usually had conciliation and arbitration is the adjustment of differences to decide has been how far the state of prices at the time that might otherwise lead to stoppage, rather than the warranted a particular change of wage. On the other hand, there are many questions on which disputes arise settlement of actual strikes. The extent to which the methods of arbitration and (e.g., the employment of non-union labour, the restriction conciliation can be expected to afford a substitute for of piece-work, &c.) on which there is frequently no common strikes and lock-outs is one on which opinions agreement as to principles, and an arbitrator may be at Future differ very widely. The difficulties arising a loss to know what considerations he is to take into S a limtts^ from the impossibility of enforcing agreements account in determining his award. Generally speaking, or awards by legal process have already been employers are averse from submitting to a third party discussed. Apart from these, however, it is evident that questions involving discipline and the management of their both methods imply that the parties, especially the work- business, while in some trades workmen have shown thempeople, are organized at least to the extent of being capable selves opposed to allowing an arbitrator to reduce wages of negotiating through agents. In some industries (e.g., beyond a certain point which they wish to regard as a. agriculture or domestic service) this preliminary condition guaranteed “ minimum.” is not satisfied; in others the men’s leaders possess little Another objection on the part of some employers and more than consultative powers, and employers may hesitate workmen to unrestricted arbitration is its alleged tendency to deal either directly or through a third party with to multiply disputes by providing an easy way of solving individuals or committees who have so little authority over them without recourse to strikes or lock-outs, and so. those whom they claim to represent. And even where diminishing the sense of responsibility in the party ad1the trade organizations are strong, some employers object in vancing the claims. It is also sometimes contended that any way to recognize the representative character of the arbitrators, not being governed in their decisions by a men’s officials. Recent cases of this kind that attracted definite code of principles, may tend to “ split the differattention were Lord Penrhyn’s refusal to recognize the ence,” so as to satisfy both sides even when the demands Quarrymen’s Union or the quarry committee as repre- on one side or the other are wholly unwarranted. This, it senting his quarrymen, and the refusal of several important is said, encourages the formulation of demands purposely railway companies to deal with the Amalgamated Society put high in order to admit of being cut down by an arbipf Railway Servants. The question of the “ recognition ” trator. One of the chief practical difficulties in the way of
