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know them to-day, were first developed, and the
name most closely associated with this early move-
ment is that of A. J. Mundella, who established
the Nottingham system of conciliation and arbitra-
tion in 1860. Prior to that year much bad feeling
had existed between masters and workmen in the
hosiery and glove trades, and strikes and lockouts
had been frequent. There had been three strikes
already in 1860 and another was threatening,
when Mr. Mundella and some other employers
sought to devise some method of avoiding them.
Conferences between masters and workmen were
arranged, and finally the " Board of Arbitration
and Conciliation for the Hosiery and Glove Trade ' '
was successfully established. The object of the

* For more detailed information about the period previous
to 1860 the reader may consult the French Report, De la
conciliation et de 1' arbitrage, etc., and H,- Grompton,
Industrial Conciliation.'



PRIVATE. 47

board was " to arbitrate on any questions relating to
wages, which might be referred to it from time to time
by the employers or operatives, and by conciliatory
means to interpose its influence to put an end to any
disputes which might arise." The board was to
consist of eleven manufacturers and eleven operatives,
elected annually. Before any cases were submitted
to the board, they were to be investigated by a
committee of enquiry, consisting of four members of
the board. A month's notice was to be given to the
secretaries before any change in the rate of wages
could be considered ; meetings of the board were to
be held quarterly, and might be especially convened
at other times. The chairman in the original con-
stitution of the board had a vote and a casting vote
as well, in the case of a tie. This led to dis-
satisfaction, and the board soon ceased to vote, and
acted by unanimous agreement only. Later, the
rules permitted a referee to be appointed for the
occasion, when the board failed to agree. The
board worked very successfully for about twenty
years, but then fell into disuse and finally ceased to
exist. The cause of the decline has been attributed
to the interests of the different classes of workmen
represented having ceased to be identical.

The other early system of arbitration and con-
ciliation, to which reference must be made, is the
Wolverhampton system. In more than one
way this is the complement of the Nottingham
system. An agreement to establish a Board of
Arbitration and Conciliation in the Building Trades



48 CONCILIATION AND ARBITRATION.

at Wolverhampton was come to on March 21st,
1864. The original rules contained no provision for
conciliation, but a rule was soon adopted. By the
amended rules, disputes not affecting the general
interests of the trade, were to be submitted for concilia-
tion to two representatives appointed, one from the
arbitrators elected by the masters, and one from
those elected by the men. Only if no agreement was
come to, was the dispute to be determined by arbitra-
tion. The Board of Arbitration consisted of six
masters, six men, and an umpire mutually agreed
upon, who for many years was Mr. Rupert Kettle.
The appointment of a permanent umpire differentiates
this system from Mundella's. The other chief differ-
ence is, that at Wolverhampton, provision was made
for the enforcement of awards under Section 13,
5 Geo. IV. Chap. 96.*

* 5 Geo. IV. Chap. 96, Sec. 13 provided : " if the parties
mutually agree that the matter in dispute shall be arbi-
trated and determined in a different mode to the one hereby
prescribed [for which see page 100], such agreement shall be
valid and the award and determination thereon final and
conclusive between the parties ; and the same proceedings
of distress, sale and imprisonment as hereafter mentioned
shall be had towards enforcing such award (by applica-
tion to any justice of the peace of the country, stewartry,
riding, division, barony, city, town, burgh, or place within
which the parties shall reside) as are by this Act prescribed
for enforcing awards made under and by virtue of its pro-
visions.''

The manner in which awards were to be enforced is pre-
scribed in Section 24 of the Act, where it is provided : "if
any party shall refuse or delay to fulfil an award under
this Act for the space or term of two days after the same
shall have been reduced to writing. , ; ; a justice



PEIVATE. 49

The object of enforcing the contract was not to
oblige a manufacturer to carry on his mill at a loss,
or to compel a workman to work unless he chose.
The chief aim was to check a sudden cessation of
work on the part of the employees, which might
involve the masters in very great loss ; and the rules
required that one day's notice should be given by
either side before work ceased.

Having now touched upon the historical side of
private conciliation and arbitration in the United
Kingdom, we may next turn our attention to the exist-
ing state of affairs. The method I purpose following
is to examine the whole system of trade boards in a
general way, and one or two of the more important in
detail, and then shortly consider district and general
boards. The number of trade boards existing in
the United Kingdom in 1903 was 142,* which



; . ; on the application of the party aggrieved ; s ;
is required by warrant under his hand ... to cause
the sum or sums of money directed to be paid by any
such award, to be levied by distress and sale of any goods
and chattels of the person or persons liable to pay the same
; . . and in case it shall appear . . . that no suffi-
cient distress shall be readily had . ; , any justice
: : ; is required by warrant under his hand : : :
to commit the person or persons so liable as aforesaid to
the common gaol, or some house of correction. . ; and
there to remain without bail for any time not exceeding
three months.''

* This number and the detailed list are compiled from the
Board of Trade Directory of Industrial Associations, 1903.

E



50 CONCILIATION AND ARBITRATION.

were distributed among the difierent trades as
foUows : —



Building Trades -

Coal Mining

Iron Mining

Quarrying - ...

Iron and Steel Trades -


-


50

19

1

1
8


Engineering and Shipbuilding
Other Metal Trades -


-


16
11


Textile Trades -


-


3


Boot, Shoe and Clog Trades


-


18


Tailoring Trades

Dock and Waterside Labour


-


4
4


Miscellaneous


-


7




Total


142



The number of boards must not be taken as
indications of the degree in which peaceful methods
of settling disputes are practised in the various trades.
To estimate this fully we should have to consider
the number of boards annually settling cases, the
number of cases annually considered by the boards,
and the number annually settled by them, and these
figures we should have to contrast with the number
of strikes in the various trades. I shall have reason
to refer to figures illustrating all these points later on,
but for the purpose of comparison, I have worked out
figures below, showing the percentage of all these
things happening in the various trades. The figures
require no explanation, and a glance at them suffices
to show which trades are well supplied with concilia-
tion and arbitration facilities and which are not. On
page 52, figures are produced giving details for



PKIVATE.



51



TABLE SHOWING THE PERCENTAGE OF DISPUTES,
EXISTING BOARDS, ACTING BOARDS, AND CASES
CONSIDERED AND CASES SETTLED BY PERMA-
NENT BOARDS IN DIFFERENT TRADES.*





Percentage in the variouF


Trades of


Trades.


Existing
Boards
in 1903.


the average (1899-1903) No. of




Acting
Boards.


Cases
Con-
sidered.


Cases
Set-
tled.


Strikes


Building Trades -
Mining and Quarry-
ing -
Metal, Engineering
and Shipbuilding-
Textile -
Clothing
Other Trades -


35

15

25

2

15

8


14

20

40

2

16

8


1
73

14

1
9
2


2
61

23

i
13

i


18

27

18

16

6

15


Total -


100


100


100


100


100



the five years 1899-1903, of the number of trade
boards settling cases, and of the cases considered and
settled by them in various trades. The most notice-
able feature of the table is the increasing work done
by the boards in the mining and quarrying trades.

The table given on page 54, summarising the work
of permanent boards of conciliation and arbitration ,
extends our information concerning these boards over
a period twice as long as that previously considered,
and also, with regard to the number of cases settled,
gives us the important information as to how many



* The figures are calculated from statistics
from the Reports on Strikes and Lockouts*



compiled



i: 2



52 CONCILIATION AND AKBITRATION.



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Online LibraryDouglas KnoopIndustrial conciliation and arbitration → online text (page 5 of 18)