for rent, printing, telegrams, telephone, law books, books of reference, periodicals, furniture, stationery, office equipment, and other supplies and expenses, including salaries, traveling expenses of its members, secretary, officers, employees, and agents, and witness fees as are necessary for the efficient execution of the functions vested in the board by this title and as may be provided for by Congress from time to time. All of the expenditures of the labor board shall be allowed and paid upon the presentation of itemized vouchers therefor approved by the chairman of the labor board.

SEC. 315. There is hereby appropriated for the fiscal year ending June 30, 1920, out of any money in the Treasury not otherwise appropriated, the sum of $50,000, or so much thereof as may be necessary, to be expended by the labor board, for defraying the expenses of the maintenance and establishment of the board, including the payment of salaries as provided in this title.

SEC. 316. The powers and duties of the board of mediation and conciliation created by the act approved July 15, 1913, shall not extend to any dispute which may be received for hearing and decision by any adjustment board or the labor board.

SUMMARY OF INDUSTRIAL LEGISLATION

The following statement shows in a summary form the status of existing legislation on November 1, 1916, relative to strikes and the maintenance of industrial peace on the railways and in other publicutility service of the leading commercial nations of the world except the United States. This is taken from House Document No. 2117, 64th Congress, 2nd Session, entitled "Railway Strikes and Lockouts: A study of arbitration and conciliation laws of the principal countries of the world' providing machinery for the peaceable adjustment of disputes between railroads and their employees, and laws of certain countries for the prevention of strikes." This document was prepared by the United States Board of Mediation and was issued November 1, 1916.

Australasia
Commonwealth of Australia

The Court of Conciliation and Arbitration consists of a president, who is a member of the Federal Supreme Court, and judges of the Federal or a State Supreme Court, appointed by the president as his deputies. Provision is also made for conciliation committees of equal numbers of employers and employees; assessors representing the parties appointed by the court to advise it, and local industrial boards, equally representative of workers and employers, presided over by a judge of the Supreme Court of the Commonwealth or supreme courts of the States. The procedure is varied. The president of the court may summon parties to a dispute and by conference aim to

reach an amicable settlement; or there may be an investigation as the basis of an amicable settlement; or temporary reference of a matter to a conciliation committee or local industrial board. All amicable settlements have the force of a formal award.

The initiation or continuance of any strike by any organization or person is prohibited. A penalty of £1,000 exists against any person or organization responsible for a strike or lockout.

New South Wales

In New South Wales the law is similar to that of the Commonwealth and of Queensland in that there are both an industrial court (which is a superior court and a court of record) and industrial boards for groups of industries or callings, awards by the latter being subject to amendment, variation, or rescission by the court.

Strikes and lockouts of all kinds are prohibited. An injunction may be issued by the industrial court. For violation, the employer is liable to a fine of £1,000; the worker is liable to a fine of £50, which is a charge on his wages. If the striker is a member of a union, he may be held liable for not exceeding £20 of the penalty. The penalty on unions for aiding or instigating a strike is £1,000.

New Zealand

The legal machinery for the adjustment of disputes in New Zealand consists of a court of arbitration, consisting of three members appointed by the Governor to serve for three years, one "judge of the court" to have the tenure, status, and emoluments of a judge of the Supreme Court, and one each nominated by unions of employers and workmen, respectively; councils of conciliation, consisting of a conciliation commissioner appointed by the Governor for a term of three years, to have jurisdiction within a designated industrial district, and one to three assessors appointed by the commissioner for the occasion, on the nomination of the parties applying for a conciliation council, a like number to be appointed on the nomination of the respondents; boards of investigation appointed by court of arbitration. The procedure is for a council of conciliation, when requested, to attempt to adjust the controversy. Failing in this, the matter may be referred to the court of arbitration, which shall make a determination. Disputes involving workers on the Government railways or affecting more than one industrial district may be brought before the court in the first instance by application of a union of railway employees in the one case and of any party to the dispute in the other.

Conditions under which strikes are prohibited are as follows: (a) Under the industrial conciliation and arbitration amendment of 1908, which applies only to cases where an award or an industrial agreement is in force, strikes and lockouts are prohibited. (b) Under the labor disputes investigation act of 1913, which applies only

to cases where there is not an existing award or industrial agreement, notice must be given to the minister, who must refer the matter to an industrial commissioner or committee. If no settlement is effected within fourteen days from delivery of notice to the minister, the Labor Department conducts a secret ballot, and then seven days must elapse before cessation of work.

Penalties for enforcement of anti-strike legislation are as follows: (a) Employer is liable to £500 fine and employee to £10. In the case of public utilities the penalty to the worker is £25. For encouraging or instigating a strike or lockout the scale of fines is: Worker, £10; employer of union, £200. The wages of workers may be attached for fines. (b) Penalty for striking or locking out before notice is given or before expiration of seven days from the secret ballot, £10 to a worker and £500 to employer. Wages of worker may be attached.

At any time during the progress of a strike 5 per cent of the workers concerned may demand a secret ballot on any question relating to the strike.

Queensland

There is an industrial court administered by a judge appointed by the Governor in council. Local industrial boards are also created on the application of a prescribed number of employers and employees. The court has jurisdiction over certain classes of cases directly and over others on appeal from industrial boards.

In the case of public utilities, strikes and lockouts are illegal unless a conference has been held before an industrial judge and proved abortive and unless fourteen days notice has been given after termination of conference and a secret ballot has been taken. In all other cases, fourteen days notice must be given and a secret ballot taken. A fine of £1,000 may be levied on employer or union, and £50 on worker. If the worker is a member of a union, not to exceed £20 of the penalty may be levied against the union. Penalties are made a charge on wages and on funds of associations.

South Australia

The judge of the industrial court brings parties together when any dispute occurs, and may make an award in trades where there is none in force, or may change an existing award. Then sitting to make a final adjudication, two assessors, representing the respective parties to the dispute, assist the judge if he thinks fit.

All strikes and lockouts are illegal. For a violation, a fine of £500 against a person, or three months imprisonment. Fine of £20 or three months imprisonment for picketing. Fines are made a charge against funds of associations and on wages over and above

£2 a week. An employer who refuses to employ or a worker who refuses to accept work, where there is an industrial agreement or award in operation, may be fined.

Tasmania

Determination of wages

The Governor appoints wages boards. boards may be suspended by the Governor, and the boards are then required to review their action. Appeals may be taken from the wages boards to the Supreme Court. No provision is made for conciliation.

All strikes and lockouts in wages boards trades on account of any matter as to which a determination has been reached are prohibited. A fine of £500 may be levied against an organization and £20 against an individual for a violation of anti-strike legislation.

Victoria

No legislation.

Western Australia

The court of arbitration consists of a judge of the Supreme Court and two representatives from employers and employees, all three being appointed by the Governor. No provision is made for local tribunals, and matters come directly before the court of arbitration or the presiding judge.

Strikes and lockouts are illegal. An employer cannot discharge a worker nor can a worker cease work (1) before a reasonable time has elapsed for the matter to be dealt with by the court, or (2) during the time the proceedings in court are pending. A fine of £100 may be levied against an industrial union or employer, and of £10 against the worker.

Austria

Strikes and lockouts on public utilities are prohibited. For violation the union may be dissolved and funds and property seized.

Before forming a union the organization must notify the Government authorities and send them a copy of the constitution and by-laws. The authorities may then forbid the formation of the union if they consider it will be dangerous to the State.

Belgium

Trades unions of employees of public utilities are permitted under Government supervision. Employees may present grievances or requests to the minister of railways, posts, and telegraph, through official channels.

Strikes and lockouts are prohibited on railroads and in all forms of public service (railway, postal, telegraph, and telephone service, all of which are under State control). Imprisonment or fine is the penalty for enforcement of anti-strike legislation.

There has been no serious strike on Belgian railroads since their establishment. This is due to the fact that positions on the railways are much sought after because of stability of employment, pensions, and on account of the prestige of being in the Government service.

Canada

The law is administered by the Minister of Labor and is under the immediate direction of the Registrar of Boards of Conciliation and Investigation appointed by the Governor in council. Boards of conciliation and investigation are appointed by the Minister of Labor, one member being nominated by each party to the dispute, and the third by these two. If nominations are not made in due time, the minister appoints on his own motion. Jurisdiction by the minister is obtained by the request of either party for the appointment of a board of conciliation and investigation.

Strikes and lockouts are illegal in public utilities and mines until after an investigation by the Government board and the publication of its report. A fine ranging from £2 to £10 may be levied on each worker, and from £20 to £200 on each employer, for each day an illegal strike or lockout continues. Penalties are not imposed by the Government, but must be enforced by the injured party to the dispute.

The object sought in publishing the report of boards of investigation is to enlist the coercive force of public opinion upon the side of the right as found by the board.

Denmark

By a law passed in 1910 provision is made for the appointment of a permanent arbitration court of six members selected from organizations of employers and employees, with a president and vice-president with qualifications of an ordinary judge. It is the duty of this court to make the parties to a dispute respect any agreement between them. A government conciliator is appointed for two years. Whenever a strike or lockout is impending (public notice being compulsory), it is his duty to intervene and attempt to effect a settlement.

Strikes or lockouts are prohibited in cases where court awards or trade agreements are broken. In cases where no trade agreement exists a strike is legal, but public notice must be given before it is started. Fines are imposed for violations.