, but fail oftenest in the greater
emergencies because of the unwillingness of one or the other party
to submit the case, or because of lack of any power to enforce the
decisions.
Sec. 12. #Compulsory arbitration#. The serious question in the subject of
arbitration concerns the introduction of the principle of coercion by
government, in compulsory arbitration. This, in principle, is pretty
radically different from voluntary arbitration, for as it denies to
the parties the right to settle their dispute by private agreement,
it becomes in effect the legal regulation of rates of wages and
conditions of work. In principle this was involved in the legal
regulation of wages in England from the fourteenth to the nineteenth
centuries. The plan is closely approached in the industrial courts
that are now provided in a number of European countries for a cheap
and expeditious settlement of small disputes regarding trade matters,
arising in the relations between employer and employees. The new
modern development began when New Zealand passed a compulsory
arbitration act in 1894, followed to some extent since by all the
other Australian states, largely through the action of the Labor
party. Through the operation of its act New Zealand came to be called
the "land without strikes," tho the description was inaccurate,
especially after 1907. The Canadian Industrial Disputes Act of 1907 is
an example that has had influence upon public opinion everywhere, and
has been followed to some extent in recent legislation in New Zealand,
America, and elsewhere. It involves the compulsory principle in a
limited degree, making it unlawful in public utilities and mines to
change the terms of employment without thirty days' notice, or to
strike or lock-out until after investigation and hearing before a
board to be nominated for the purpose. The Colorado Act of 1915 goes
even beyond the Canadian act in its scope. The plan seems destined to
have wider applications and a larger development in the not distant
future. Let us note the general attitude of the various interests
concerned.
Sec. 13. #Organized labor's attitude toward labor legislation#. Labor
organizations hitherto have been in their legal nature almost entirely
private and voluntary. They are seldom incorporated and are rarely
even recognized in any way by legislatures and by courts, which deal
merely with the members as individuals.[12] Their private character,
combined with their limited
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