In Switzer/and there are laws looking to negotia tion, conciliation or arbitration of trade disputes, in Geneva (1900) and in Basel (1897). Both contem plate provisions. merely for voluntary conciliation; the first law was, to the end of 1904, applied only to seven cases, and under the second, during four years with 1902, eighteen disputes were submitted and ten settled. Under a similar law in St. Gall (1902), in three years ten disputes were submitted and three settled.
In Sweden under the law of 1907 there are seven district conciliators, named by the crown, whose duty is to promote the settlement of labor disputes and to advise employers and workmen in framing agreements designed to promote good relations and prevent stoppage of work.
In this country there has been legislatiOn on the subject, the first act being that of 1883 in Pennsylvania which proved ineffective. In at least twenty-four states there are consti tutional or statutory provisions for media tion in labor disputes and in at least seven teen of these the formation of permanent state boards is contemplated. There are state boards of arbitration in Massachusetts and New York, both founded in 1886. In the former the board consists of one employ er, one employ6, and one independent person mutually chosen ; in the latter it consists of two representatives of different political par ties and one member of a bona fide trade or ganization of the state. In both states the boards proceed, with or without application, to investigate labor disputes on the spot and if possible to promote a settlement. Their services may be declined, but the board may issue a report and hold an inquiry on the application from either side and publish its decision, which in Massachusetts is effectual for six months unless sixty days' notice to the contrary is given by one side to the other. In Massachusetts, during 1906 the state board dealt with 158 disputes of which the board was asked to arbitrate in 95 cases; of 80 cases in which awards were rendered, 12 were withdrawn and 3 were unsettled at the end of the year. In New York a like number of cases were entered. In many states there are provisions not only for state, but also for local, boards.
In some states, as New Hampshire and Georgia, the commissioner of labor is au thorized to investigate and institute efforts for the amicable settlement of labor dis putes. In Wisconsin there is provision for compulsory investigation by a state indus trial commission and publication of results; and as in Canada, there is reliance on pub lic opinion to enforce their findings. The creation of a similar body has been publicly agitated in Massachusetts.
Without attempting to give in detail the state legislation, these instances are referred to as illustrating the trend of public thought on the subject.
The federal legislation necessarily is limit ed to disputes affecting interstate commerce; an act was passed June 1, 1898 (Erdman act), providing that in case of a dispute re sulting in various interruptions of business on railways engaged in interstate commerce the chairman of the interstate, commerce commission and the commissioner of labor shall, on application of either party, make an effort to bring about a settlement or in duce the parties to consent to arbitration, and while an arbitration is pending strikes and lockouts are made unlawful. By act of
March 4, 1911, the president is authorized to designate from time to time any other mem ber of the interstate commerce commission or of the court of commerce to exercise the powers in the Erdman act devolved on the chairman. Comp. Stat. 1911, 1385.
By the act of March 4, 1913, creating a department of labor, it was provided in sec. 8 ?that the secretary of labor shall have power to act as mediator and to appoint come missioners of conciliation in labor disputes whenever in his judgment the interests of industrial peace may require it to be done"; 37 Stat. L. 738.
The act of July 15, 1913 (Newlands act), provides that whenever a controversy con cerning wages, hours of labor or conditions of employment shall arise between a' common carrier engaged in interstate or foreign com merce wholly by railroad or partly by rail road and partly. by water, and its employds, -which is interrupting or threatening to in terrupt the business of the carrier to the serious detriment of public interest, then ei ther party may apply to the board of media tion and conciliation created by this act, and invoke its services for the purpose of bring ing about an amicable adjustment of the controversy. If it cannot be settled by mediation and conciliation, then the board shall induce the parties to submit the con= troversy to arbitration of a board of three or six members to be chosen by the employer and employ6s. The award of the board and the papers and proceedings, including the testimony relating thereto, shall be filed with the clerk of the district court for the district where the arbitration is entered into or wherein the controversy arises, and judg ment shall be entered on the award at the expiration of ten days from such filing, un less within that time either party shall file exceptions, and then judgment will be en tered when the exceptions have been disposed of. This act repeals the act of June 1, 1898, relating to the mediation and arbitration of controversies between railway companies certain classes of their employ6s.
The whole subject is well discussed and summarized in the title "Arbitration and Conciliation" in the Encyc. Brit. from which much of the foregoing information is de rived and in which will be found a detailed discussion and statement of the history of the subject so far as the action of different countries is concerned.
See PEONAGE ; LIBERTY OE CONTRACT.