Report on the Practical Operation of Arbitration and Conciliation in the Settlement of Differences Between Employers and Employees in England - Softcover

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1879 Excerpt: ... The organized union also gathers the facts upon which the arguments for the labor side are based, and it is in them that tiie moral power resides which has been found not only essential, but sufficient to the enforcing of the awards of the boards. Section XII. ARBITRATION AND THE STATE. As has already been stated, arbitration and conciliation in their practical workings in England have been purely voluntary. Not only is this true of the submission of the dispute or difference, but of the acceptance and carrying out of the awards. The very nature of conciliation precludes the idea of legal sanctions for its awards, or a legal enforcement of the same.) With arbitration it is different; its methods are nearer thoge of a court of law, and its decision somewhat of the nature of a verdict based on testimony, and it is possible to give them the force of judicial decisions, capable of enforcement, with penalties in case of evasion. Some of the wannest and most intelligent advocates of arbitration have insisted that arbitration should have this legal aspect, while others, equally friendly and intelligent, have argued that to take away its purely voluutary character would be to destroy its usefulness. There are at present, in the statute books of Great Britain, three acts relating to arbitration. The fist of these, passed in 1824, and generally referred to as 5 Geo. IV, cap. 96, and the others later, passed in 1867 and 1872, known commonly, respectively, as Lord St. Leonard's and Mr. Mundella's. The first of these acts is evidently based on the French law for the establishment of Conseils des Prud'hommes, and, like that, gives considerable powers of coriipuIs7)fyartration"7"' There is no permanent board or council established, but a justice of the pence or a referee ...

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