Popular Law-making eBook

This eBook from the Gutenberg Project consists of approximately 485 pages of information about Popular Law-making.

Popular Law-making eBook

This eBook from the Gutenberg Project consists of approximately 485 pages of information about Popular Law-making.
than co-operative, for the return is merely an extra cash dividend to employees who have no voice in the management.  Mr. Oilman in his book, “A Dividend to Labor,” tells us that there are thirty-nine other cases at least where profit-sharing once adopted has been abandoned.  On the other hand, in Great Britain there were in 1899 one hundred and ten important co-operative productive establishments.  There are many more on the Continent.

Arbitration laws are also far more developed and successful in European and Australasian countries than in Great Britain or the United States, although the first English act concerning arbitration was passed as early as 1603.  In the first year of Queen Anne, 1701, was the first act referring specially to arbitration of labor, and the next, Lord St. Leonard’s act, in 1867, which attempted to establish councils of conciliation, something after the pattern of the French conseils de prudhommes; but in 1896 these acts were repealed and the Conciliation Act of the 59th Victoria, chapter 30, substituted.  It provides that the boards of arbitration may act of their own motion in so far as to make inquiry and take such steps as they deem expedient to bring the parties together, and upon application of either side may appoint a conciliator, and on the application of both sides, appoint an arbitrator.  Their award is filed of record and made public, but no provision is made for its compulsory enforcement.  In France, the legislation is much more intelligent.  There the distinction between individual and collective labor is clearly made and within recent years there is elaborate legislation for the settlement of strikes, disputes of the collective class, which we will later describe.  For the adjustment of individual disputes, France has long had in her conseils de prudhommes a special system of labor courts that constitutes one of her most distinctive social institutions.[1] These are special tribunals composed of employers and workingmen, created for the purpose of adjusting disputes by conciliation if possible, or judicially if conciliation fails.  Appeal from their decisions is made to the tribunals of commerce.  The first such council was created in Lyons in 1806, but since they have spread through all France.  When the amount involved does not exceed two hundred francs, the judgment of the council is final; above that sum an appeal may be made to the tribunal of commerce.  The most important element of all, perhaps, is that these councils have to some extent criminal powers, or powers of punishment.  They can examine the acts of workingmen in the industries under their jurisdiction tending to disturb order or discipline, and impose penalties of imprisonment not exceeding three days, having for this concurrent jurisdiction with the justices of the peace.  Elaborate arbitration laws also exist in France, and whenever any strike occurs, if the parties do not invoke arbitration the justices of the peace must intervene to conciliate.  Still there is no compulsory arbitration except by agreement of both sides.

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Popular Law-making from Project Gutenberg. Public domain.