The Theory and Policy of Labour ProtectionSchäffle, A. (Albert)
General
The Theory and Policy of Labour Protection
Schäffle, A. (Albert)
Labor laws and legislation -- Germany
As regards this public representation, it seems to me that joint
appointment by direct choice of all the individuals in both classes, and
out of either class, tends to the preservation of class enmity rather
than to the mutual conciliation of the two classes and to the promotion
of their wholesome joint influence on the boards. This kind of
appointment might be dispensed with by limiting direct election as far
as possible to the appointment of the elementary organs of
representation; but for the rest by drawing the already existing
authorities of a corporate kind into the formation of the system of
general representation. Herein I refer to such already existing organs
as those of labour insurance, Chambers of Commerce and Industrial
guilds, railway boards, local and parliamentary representatives; and
other elementary forms of corporate action might also be pressed into
the service. A thoroughly serviceable, fully accredited _personnel_
would thus be secured for all Labour Boards.
This system might even be applied to the election or appointment by lot
of the Industrial Court of Arbitration. If the Labour Chambers were
corporate bodies really representative of the trade, then the Industrial
Courts of Arbitration, both provincial and local, might be constituted
as thoroughly trustworthy public organs--without great expense, free
from judicial interference, competent as courts of the first and second
instance, and not in any way dependent on the communal
authorities--either freely elected by the managers of the workmen's
clubs and the employers' boards or companies, or chosen by lot from the
_personnel_ of the already existing corporate institutions above
referred to. The system of direct election by the votes of all the
individual workers and employers would thus be avoided, and, more
important still, this method would meet the difficulty which proved the
crux of the whole question when the organisation of Industrial Courts of
Arbitration was discussed in the last Reichstag: the distinction between
young persons and adults would not enter into consideration, either in
the case of Labour Chambers or of the Courts of Arbitration proceeding
therefrom.
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