Social legislation and social activity : $b being addresses delivered at the sixth annual meeting of the American academy of political and social science of PhiladelphiaAmerican Academy of Political and Social Science
History
Social legislation and social activity : $b being addresses delivered at the sixth annual meeting of the American academy of political and social science of Philadelphia
American Academy of Political and Social Science
Arbitration, Industrial; Child labor; Child labor -- United States; Factory laws and legislation -- United States; Housing -- United States; Juvenile courts; Labor -- United States
To have success in conciliation, or arbitration, there must be thorough
and effective organization on both sides. The large aggregations of
capital, feared at first by labor, may prove to be labor’s best friend,
in that, control of a trade being thus centralized, there is opportunity
to establish friendly relations which shall make uniform conditions
throughout the country, or large sections thereof, and reduce the basis
of competition to the quality of the product rather than to the
concessions forced from labor.
The growth of sentiment for arbitration and conciliation has been
reflected in the legislation of the various states. While foreign
countries made the earlier attempts by legislation to promote the
formation of local boards of arbitration, some of the states of the
Union were first to establish permanent central bodies with authority to
mediate in labor disputes and to arbitrate matters referred to them.
Sixteen states have established such central boards, beginning with
Massachusetts and New York in 1866 and following, in succeeding years,
with California, Colorado, Idaho, Illinois, Louisiana, Montana,
Minnesota, Ohio. Utah, Wisconsin, New Jersey, Michigan, Connecticut and
Indiana. These central boards usually consist of three members, an
employer, an employee and a neutral.
Massachusetts, New York, Ohio, Indiana, Illinois and Wisconsin seem to
be the only states within which tangible results have been accomplished,
doubtless due to the highly developed industries prevailing and the
frequency of labor disputes therein. In this as in all other matters of
enforcement of public laws, successful results depend upon the strong
impelling influence of an enlightened public sentiment.
The United States Government has established a method for arbitration
and mediation in strikes and lock-outs upon interstate transportation
lines, by virtue of its constitutional authority over interstate
commerce. The act of 1888 provided for a voluntary board, but had no
provision for enforcement of awards, and seems to have fallen into
disuse. In 1898 a new act was passed under the terms of which either
party to a dispute upon any interstate transportation line might request
the intervention of the chairman of the Interstate Commerce Commission,
and the United States Commissioner of Labor. These officers have no
specific authority to intervene on their own motion, but apparently have
the right to attempt conciliation even in the absence of an application
from either party. There has been no case of arbitration under the act,
so its effect in application is yet to be demonstrated.
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