Labor

Code

By JOHN STANTON

at th New

ROM Ottawa on February 17, along with the routine flood of orders-in-council which
appear every day, came one bearing the simple title PC 1003. It also has the name

Wartime Labor Relations Regulations.

This new order, which has not yet actually become

law, was the long-waited National Labor Code. Generally speaking, it can be, and indeed
has already been, welcomed by the trade union movement as a great step forward in

Canadian labor legislation.

if properly applied, this new
order will enable the unions to
erganize many thousands of
workers who are still unorgan-
ized. It will also give to the
trade union movement that place
in the national life which has
long been denied to it. For the
erder provides that unions are
now to be recognized as the offi-
cial bargaining agencies for their
members and for ail employees in
plants where the union has a
majority of the employees. Other
important rights are also guaran-
teed, as we shall see in a few
minutes.

First, to whom does the new
order apply? Two large cate-
gories of workers are covered.
The first is the group which nor-
mally comes under federal juris-
diction, including railwaymen,
steamship employees, and those
who work in national or inter-
provineial enterprises. The sec-
ond group are all employees in
essential war plants.

It is estimated that some 2,500;-
06 workers will come within
these two groups. 5

In addition, the order provides
that any province may pass les-
islation enabling the now order
to apply to all other workers
within that provinee. Already
Hon. G. S. Pearson, provincial
minister of labor, has announced
that he intends to have the order
applied in this province. This
means, of course, that the ICA
Act will pe displaced.

Is this a forward move, bearing
in mind that the ICA Act as
amended last year, on the whole
has been approved by the unions?

© answer this question, it is

necessary to examine some of
the more detailed provisions of
the new order:

1. The right of employees to
organize into a trade union and
to participate in its activities, is
established.

2. Once a em-

majority of

ployees belong to the union, that —

5ody may appoint its officers or
any other persons to act as bar-
gaining representatives.

3. When the representatives
lave been appointed, they may
apply for certification. If it is
found that the union has a ma-
jority of the employees affected
as members, then certification
must be granted.

4. When certified, a union is
entitled within 10 days to meet
and bargain with the employer.
who is compelled to negotiate
in good faith with a view to
entering into a collective agree-
ment.

These provisions are almost
identical with those of the ICA
Act, with one important excep-
tion.
union must have held its mem-
bership for three months before
applying for certification. Under
the new order no such time
limit is set. _ 3

Tf no agreement can be reach-

Under the ICA Act, a-

ed the parties are allowed to
apply for a conciliation officer
who must investigate the case
and report to the minister of
labor. If he has been unable to
settle the dispute, the case goes
te arbitration before a three-
man board, as at present.

This procedure is not as
speedy as that provided by the
I€A Act, under which a union
can go direct to arbitration with-
out a eonciliator. The setup.
however, is far more explicit
ihan the previsions of the pres-
ent Industrial Disputes Investi-
gation Act which now governs
Wartime industrial arbitrations.

(This Act is aiso displaced by

the new order).

If an agreement is reached
between union and employer, it
must be observed by both
parties, and penalties are provid-
ed for breaches. Moreover, the
agreement must run for at least
a year and is subject to being
reopened on 10 days’ notice. The
notice must be given within the
last two months of the life of
the agreement.

The right to strike is preseryv-
ed, but strikes and Jlockouts
are -expressly prohibited until 14
Gays have elapsed after all pro-
cedure under the order has been
exhausted. This provision is
identical with that of the ICA
Act.

The new order lists certain
“untair practices” including the
Gomination or interference by
an employer with a union or an
employees’ association, discrim-
ination against union members
and intimidation of employees.
Again the ICA Act has similar
provisions.

ALESIS TRATION is placed
in the hands of a new 10-
member board to be called the
Wartime Labor Relations Board.
This Board has charge of certi-
fying unions as bargaining
agencies. It also determines
what section of a given plant is
to be the unit for collective
bargaining purposes. It has
power to decide whether an em-
ployer is negotiating in good
faith or not, and may prosecute
if necessary.

This Board is the authority
with which unions must file the
names of their officers, their
constitutions and bylaws, and
also an annual statement of in-
come and expenditures. The last
provision was never contained
in the ICA Act, and will un-
doubtedly evoke sharp criticism
in most unions since it estab-
lishes a practice consistently
opposed by labor.

Enough has been said to give
an idea of the new order’s main
provisions. It is clear that many
cf them approximate the pro-
visions of the ICA Act. However,
there are two weaknesses which
must be mentioned.

One concerns company unions.
Throughout the new order, “em-
ployees’ associations” are given
equal status with trade unions
in bargaining and other rights.
it is true that employers are

assisting

prohibited from em-
ployee groups financially, or
from dominating or interfering

with them. That provision in
the ICA Act has not prevented
company unions in the past.
There is no reason to suppose
that company unions will be
banned in the future, merely
by reason of the new law.

This question depends for its
solution upon the way in which
the new National Board inter-
prets the order, and, most
important on the organized
strength of the legitimate trade
unions.

The other is that the new ord-

_er prohibits the organization of

unions during working hours
without consent of the employer.
Organizing campaigns such as
have proceeded. in. Vancouver
shipyards recently would thus
become illegal.

In conclusion it can be said
that, generally, the new order
Will give the trade union move-
ment its long-sought chance to
achieve nationally recognized
status. In the final analysis,
however, whether full advantage
is taken of this opportunity will
depend upon the strength, unit
and determination of the unions
themselves.

Centinued

ef
cognize that the future world
cannot rest upon foundations of
tyranny, intolerance and oppres-
sion, but upon free nations and
peoples dedicated to full coop-
eration for the benefit of ail
peoples everywhere.

By the unity of purpose pledged
by the heads of the governments
of the great powers at Teheran
for the present and for the fu-
ture a living example was set for
the peoples of all nations to rally
to the common cause of all hu-
manity by removing all obstacles
in the path of the people’s vic-
tory and the people’s peace.

One of the immediate pre-
requisites in Asia is an urgent
need for a reversal of the British
government's policy in India.

This way the full strength of
the Indian people can get behind
the Allied attack on Burma.

This is the way for victory on
all fronts against the enemy
€/erywhere.

This is the way by which we,
the people, give life to the full
and solemn declarations of the
powers met at Teheran. It is a
plan of great magnitude and re-
quires the complete unity of all
the peoples of all lands, their
courage and their determination.

India must wage war now
against fascism and in the peace,
contribute fully to the wealth of
the community of nations. In-
Gia with the other great nations
of Asia, must make Teheran five
now and for the future.

is City Solved -

ts Problems

By LOUISE MITCHELL

Yeee get a glimpse of the future when you find a typi
small American city where millowners, AFI, and €
unions, the Catholic Church, department of education, ©
local newspaper and taxpayers association get together

Holyoke, Massachusetts, is such a place.

:
|
i
solve a fundamental home-front problem.
|

if ever a community cooperated to get nursery and af

school .eare for children of work-
ing mothers, this small, thriving
Massachusetts city takes high
honors.

National unity of the broadest

type has been achieyed around
the child care program. A word
against it would make a man or
woman the most unpopular soul
in town.
Busy making paper and textiles
for war, this New England com-
munity known as “The Paper
City” has improved on the old
Saying: “Necessity is the mother
of invention.” It has stepped it
up to read “Achieyement is the
offspring of organiation.’” For
without its hardworking, persis-
tent, war-minded child care
committee, representing every-
bodys best interests, the pro-
gram might haye remained a
paper plan like it unfortunately
does in so many places.

The committee not only got
what it wanted but a small eorps
of women are still working over-

time to improve the year-old
program.
Holyoke has nursery, after-

school and lunch programs for
more than 800 children in five
local public sehools, one in a
federal housing project, and an-
ether special nursery at Mount
Holyoke College, 10 miles away.
Springfield, a nearby city, with
three times Holyoke’s popula-
tion, only has eight.

The centers are open from 6
a.m. to 6 p.m., six days a week
including most legal holidays.
Full-time supervision under pro-
fessionally trained teachers is
provided, and a mid-morning
and mid-afternoon snack served
as well as a nutritious dinner
at noontime.

Nursery care cost $1.50 a week.
Older children pay 10 cents for
daily lunch.

The city is additionally fortun-
ate in having Mount Holyoke

College close by which not
provides the highest profess
standards but exacting eu
ship in the program’s execu
College students get their j
tical training by participatin —
the program and Holyoke te
ers take extension courses
Mount Holyoke College ins ,
tors.

The program is so sen
and free from red tape that

child whose father is a 1"
worker and sleeps during
day, or whose mother is |

nant, is free to join up. And |
mother, whether she work
the corner retail store or

dishwasher, is considered a
worker. md

A YEAR ago the labor sho -
grew so acute in Hol
that the head of Livingston 4
went to William R. Peck, si 4
intendent of schools, and {
formed him that he was goil |
open a factory nursery to if
mothers to come and wor
the textile mill. z
“Then I knew that. the
had eceme for us to start
Wartime nursery program,”
told me. He explained tha
program tries to provide a.
atmosphere for the childrei #
parental responsibility to
pregram is also stressed.
“There are still children @#
cared for,’ he continued, “a #
is hard to understand wh #
mothers don’t avail thems &
of the benefits.’ The projeP
further successful accordir
the education head, becau mi
has brought “town and ¢@
together. 4
A personnel of 61 persor Fl
employed. At the peak cf
program 847 children wer}
rolled, 178 in nurseries an @#
in the school-age group. LF}
the summer vacation 327 W
Ziven all-day care. :