UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY EMPLOYERS AND WORKMEN UNDER THE MUNITIONS OF WAR ACTS First Edition, 3rd March, 1916. Do. Second Impre*#ion, 1JUA March, 1916. Do. Third Impression, IQth June, 1916. Second Edition, .... KM IfarcA, 1917. Do. Second Impression, - 21< April, 1917. EMPLOYERS & WORKMEN A HANDBOOK EXPLANATORY OF THEIR DUTIES AND RESPONSIBILITIES UNDER THE MUNITIONS OF WAR ACTS BY THOMAS ALEXANDER FYFE Ml (One of H.M. Judges at Glasgow) A CHAIRMAN OF MUNITIONS TRIBUNALS SECOND EDITION LONDON AND EDINBURGH WILLIAM HODGE & COMPANY PRINTED BY WILLIAM HODI.K AND COMPANY (WILLIAM HODGE. HARRY HODCB) GLASGOW AND EDINBURGH PREFACE TO SECOND EDITION. WHEN this book was issued a year ago, the 1916 Act (which materially altered the original Act) had just been passed, and the Appeal Tribunals (which were first consti- tuted by the 1916 Act) had not yet become operative. In the year which has elapsed, many interesting and important judgments have been pronounced by the Appeal Judges, and these are summarised and commented upon in the present volume. An important Dilution of Labour Scheme has also come into operation, and a great many Orders and Directions have been made by the Ministry of Munitions, the Admiralty, and other Government Departments, which are of interest to employers and workmen and their repre- sentatives ; to chairmen, assessors, and officials of Munitions Tribunals ; and to others affected by the Munitions Acts. I am gratified to be assured from many sources that the first edition, despite its brevity, was found helpful in interpreting the scope and intention of this emergency legislation, and it is urgently represented to me that a new edition, embodying the experience of the past year, would be welcomed by the many who are deeply interested, but are too busy to find time to study for themselves the intricacies of the statutory enactments and official orders. I have pleasure in acceding to the request that I should bring the book up to date. In doing so, I have discarded formalities, and endeavoured to present, in compact form, a complete Munitions Code. T. A. F. GLASGOW, March, 1917. PREFACE TO FIRST EDITION. THIS is not a legal treatise. It merely explains in popular language the scope and effect of the Munitions Acts. The surest way to avoid contravening any Act of Parliament is for all interested to make themselves familiar with its enactments. My experience in the Munitions Tribunal convinces me that a very large proportion of the disputes which arise might be avoided, if employers or their representatives (especially under-managers, foremen and others who are in personal touch with the men) and also workmen or their representatives (especially Union officials, shop stewards and others who advise the men) were more careful to acquaint themselves thoroughly with the details of the novel conditions under which at present industrial work is conducted. I venture to hope that this little book may be of some service in avoiding disputes. For convenience of reference, I have, in an Appendix, imported the amendments into the text of the original Act, and printed the entire code in consecutive form, the original enactments being in black type, and the amendments in red, with Notes where explanation seemed necessary. I have to acknowledge the valuable assistance of Mr. T. F. Wilson, Solicitor, the experienced Clerk of the Munitions Tribunals at Glasgow, who has been good enough to revise the proof sheets. T. A. F. GLASGOW, March, 1916. CONTENTS. PAGE EMPLOYERS AND WORKMEN UNDER THE MUNITIONS ACTS, 1 APPENDIX I. TEXT OF THE 1915 ACT (EMBODYING THE AMENDMENTS MADE BY 1916 ACT), 59 APPENDIX II. CONTROLLED ESTABLISHMENTS EXCESS PROFITS RULES, 89 APPENDIX III. LEAVING CERTIFICATE RULES, 101 APPENDIX IV. (1) MUNITIONS TRIBUNAL RULES, ENGLAND, S.-W. Railway Co., 221 Colley v. Minister of Munitions, 203 Collins, die. v. Brazil, Straker & Co., 219 Curnock v. Butler & Go., 201 Dines v. Mumford, Ltd., 201 Donaldson v. Kearns & Go. , Ltd. , 202 Doulton & Go. v. Brown, 226 Foden v. Jacquet-Maurd tfe Condac, Ltd., .... 207 Gane v. Bees Roturbo Manufacturing Co., - - - - 206, 209 Gleaves v. White & Poppe, Ltd., 204 Gloucester Railway Carriage Co. v. Trapp, .... 224 Gosnell v. Minister of Munitions, 203 Guillet v. Benthall Minister of Munitions, charged with the duty " to examine into and organise the sources of supply and the labour available for the supply of any kind of Order in munitions of war." ? ounci 1 1 ?n 1 J th June, 1915. Many and varied difficulties faced the Minister of Munitions in carrying out this big commission, and legislation was necessary to give him the requisite powers for the direction and distribution of munitions work, in such a manner as to get the best results from B EMPLOYERS AND WORKMEN. 5Go. V. c. 37, s. 1 (1) *). 5 ft 6 Geo. V. .54. 5ft6Geo. V. o. 99. 6ft6Geo. V. c. 99, s. 27. Appendix I., p. 59. the available resources. The Defence of the Realm Acte, which had been passed at the beginning of the war, only went the length of permitting the Govern- ment to use private factories for national work, and more than that was needed to bring the whole direction and distribution of munitions work under one control, for the purpose of ensuring continuous work, and the largest possible production. Accordingly, on 2nd July, 1915, there was passed the " Munitions of War Act, 1915," which, after a short and troubled life of only some six months, was, on 27th January, 1916, amended by the " Munitions of War (Amendment) Act, 1916," which is to be construed along with the earlier Act, the two together being cited as the " Munition* of War Acts, 1915 and 1916." The form the amending Act took was not the total repeal of the original Act, and the re-enactment of its clauses, along with the amendments, in an entirely new Act. In amending any Act of Parliament, parliamentary practice is to proceed by a separate amending Bill. As this book is intended for the use of busy men, who have neither the time nor the inclination to collate Acts of Parliament, I have in the appendix, instead of printing the two Acts separately, thought it more convenient to import the amendments into the original text in the appropriate places, so as to present the complete code in consecutive order; but, to show what is original enactment and what is amendment, the original text is printed in black and the amendments in red. I have added a few notes where explanation seemed necessary, and the whole as set forth in Appendix I. is hereafter referred to as " The Act." The scheme of this legislation briefly is that, for the time being, the Munitions Acts form the charter of MUNITIONS OF WAR ACTS. 3 the producers of munitions of war ; that employers and workmen are alike under the direction of the Minister of Munitions ; that certain recognised methods of forcing settlement of trade disputes are declared illegal, and are temporarily supplanted by a system of statutory arbitration ; that in many respects freedom of contract of service is temporarily abrogated ; and that the excess profits arising from an increased volume of work, which in normal times fall to an employer, are, in controlled establishments, partially allotted to the State. This drastic interference with many long recognised customs and practices, not to speak of settled economic laws, is justified only by the national need, and that this is TEMPORARY LEGISLATION is emphasised in the Acts. It is an emergency code, for the period of the war only. The original Act begins by calling itself an Act " to make provision for further- ing the efficient manufacture, transport, and supply of 1915 Act. munitions for the present war." It ends with the ^ r( L a q mble ' p. oy. declaration that it " shall have effect only so long as the office of Minister of Munitions and the Ministry of 1915 Act, s. Munitions exist," and the Act which created that p< Ministry declared also that it " shall cease to exist on the termination of a period of twelve months after the conclusion of the present war, or such earlier date 5 & 6 Geo. V. as may be fixed by His Majesty in Council." The e> 51> s- 6 ' obvious object in reserving of power to extend the Act for a year is that there may be time, if it is required, for carrying out the undertakings expressed in the Second Schedule, which is designed for the PROTECTION OF TRADE UNIONS. This schedule embodies an agreement come to between EMPLOYERS AND WORKMEN. the Government and the allied trade unions. Its most essential undertaking is that " no change in practice made during the war shall be allowed to prejudice the position of the workmen in the Sch. IL, s. 2, owner's employment or of their trade unions p. 84. 1915 Act, s. 4 (4), p. 64. 1915 Aot, s. 4 (3), p. 64. 1915 Act, 8. 4 (3), p. 64. in regard to the resumption and maintenance after the war of any rules or customs existing prior to the war." Every owner of a controlled establishment, or con- tractor, or sub-contractor, becomes a statutory party to this bargain between the Government and the trade unions; and any person is guilty of an offence, punishable by fine up to 50, who " breaks or attempts to break " this undertaking. Whilst Schedule II. thus safeguards the after-war position of workmen and their unions, the Act itself, so far as controlled establishments are concerned, provides in most comprehensive language for the SUSPENSION OF TRADE CUSTOMS during the period of the war. " Any ru l e) practice, or custom not having the force of law which tends to restrict production or employment " i s suspended, whether it be a general trade practice or custom, or a local shop rule. If there is dubiety as to whether any rule, practice, or custom does tend to restrict production or employment, that question falls within the arbitration scheme of the Act, and the decision of the Board of Trade, or an arbitration tribunal, is declared to be " conclusive for all purposes." A practice or custom, if it falls within this provision even although it may have been matter of contract between an employer and his workman, and been recognised for many years ceases to be enforceable so MUNITIONS OF WAR ACTS. 5 soon as an establishment becomes controlled. An agreement that workmen should not join a trades union was held to be a custom or practice within this provision (Guillet v. Benthall fy Co., Limited, 1916, P. 224. Eng. App. Sep., p. 86). The schedule seems sufficient to cover the matter of NON-UNION LABOUR, for, if it was the " practice " to employ only union labour before the war, that practice would naturally appear to be the practice to be resumed after the war ; but as, in some quarters, doubt was entertained about this, the amending Act has expressly included the case where " it was the practice prior to the war to employ 1915 Act, s. union labour exclusively." ig^e'Act 6 *' The purpose of the Acts is to expedite and increase 15, p. 64. the production of munitions, but the original Act did not define such work except to a limited extent. The amending Act gives a comprehensive definition of 9. " MUNITIONS WORK," 1916 Act, s. 9 (1), p. 82. which has a much wider meaning than it had under section 3 of the original Act. That covered only " the manufacture or repair of arms, am- munition, ships, vehicles, air craft, or any other articles required for use in war, or of the metals, machines, or tools required for that manufac- ture." The new definition covers practically the 1916 Act, s. manufacture and repair of everything " intended or 9 M P- 82 - adapted for use in war," that is to say, which is t/ * suitable for use in war, although not at the moment being used in actual war service. The appeal tribunals have given a broad interpreta- tion of " munitions work," and held to be included 6 EMPLOYERS AND WORKMEN. such things as the manufacture of insulating materials for use in connection with the construction of electrical P. 222. machinery (Mayne v. Micanite Company, Limited, 1916, Eng. App. Rep., p. 1) ; the repair of railway wagons belonging to a colliery which, although used for conveying coal to colliery customers, were also P. 219. vehicles adapted for use in war (Shaw v. Lincoln Wagon Company, 1916, Eng. App. Rep., p. 11); and simi- P. 221. larly the repair of railway locomotives (Briggs v. London and South-Western Railway Company, 1916, Eng. App. Rep., p. 43). The appeal tribunals have dis- carded the narrow view that " adapted for use In war " means being made fit for use in war by some alteration in structure or design, and have adopted the broad view that " adapted for use " means " suit- able for use " in war, and to quote the words of Mr. Justice Atkin in Shaw's case " so far-reaching are the efforts of the belligerents in this war that there is hardly anything on the earth, in the air, or in the waters that could not under some circumstances be described as an article capable of use in war." The definition of munitions work is not limited to obvious engines of war, such as warships and guns. It covers also work which may be certified by the 1016 Act, B. Board of Trade or the Minister of Munitions as p. 82." " necessary for the successful prosecution of the war," such as the manufacture and repair of any class of ships, or the manufacture or repair of metals, machines, or tools required for the execution of P. 82. munitions. The Board of Trade, under this power, have certified work upon some classes of merchant vessels, including oil steamers, refrigerator steamers, Order, 13th steam trawlers, and steam drifters. The Minister of Munitions may make an order specifying materials MUNITIONS OF WAR ACTS. 7 required for such, munitions work, whereupon the manufacture of these materials becomes munitions work. The Minister of Munitions has exercised this power by specifying balloon fabric, constructional eteel, fire brick, glass for constructional purposes, glass for optical purposes, lead compounds, magnesite See Orders, brick, silica brick, materials required for or for use p ' in the manufacture of explosives, worked timber, card clothing, all materials wholly or partly manu- factured from wool, and lime. The definition of " munitions work " also covers the 1916 Act, s. construction, alteration, or repair of buildings, * H )>P- machinery, and plant for naval or military purposes, or intended for munitions work, including the erection of houses to accommodate munitions workers. This definition has been held to cover a sub-contract for erecting works for a controlled establishment (Sand- p^ 221. berg v. Dawnay fy Sons, Limited, 1916, Eng. App. Rep., p. 70). The Minister of Munitions has also power under the Defence of the Realm Regulations to appro- De f of R ea i m priate unoccupied premises for housing workmen Reg., 2 (a), engaged in the production, storage, or transport of war material. The definition of munitions work covers also the 1916 Act, s. construction, alteration, repair, and maintenance of docks and harbours and work in estuaries where such work is certified by the Admiralty to be necessary for the successful prosecution of the war. In the exercise of this power, the Admiralty have specified various Order, 13th docks, 4o. The definition of munitions work covers also work in connection with the supply of light, heat, water, or power, or tramway facilities, or buildings, machinery, and plant required for such supply, where 8 EMPLOYERS AND WORKMEN. Order, 13th May, 1916, p. 182. Order, 13th May, 1916. p. 182. Cir. L. 71, 16th Oct., 1916. 1915 Act, a. 3, p. 62. the Minister of Munitions certifies that such supply is of importance for carrying on munitions work. Many gas, electricity, water, and tramway under- takings have been so certified. The definition of munitions work covers also work in connection with the repair of fire engines, and any fire brigade appliances, where the Minister of Muni- tions certifies that such work is in the national interest. The practical effect of this comprehensive definition is that all work which is designed to aid the successful prosecution of the war is munitions work, or may be made so by orders. No formal order has yet been made including in " munitions work " the work of obtaining raw materials, as, for instance, the mining of coal, lead, or iron, although such work is obviously essential for munitions work; but the Minister of Munitions has made a recommendation asking employers to refrain from encouraging miners to transfer their services to munitions factories, and, wherever possible, to facili- tate men who were previously engaged on coal mining to return to the mines if they so desire. The Munitions Acts contemplate the possibility of labour troubles, which might be prejudicial to the production or transport of munitions, arising in indus- tries outside the Munitions Acts, and power is reserved by royal proclamation to make Part I. of the Act applicable to disputes arising in any indus- try, and that whether a lock-out or strike is in existence or not. As the prohibition of a strike or lock-out is contained in this part of the Act, the effect of such a royal proclamation is instantly to place such an outside labour dispute in the same category as a dispute falling within the Act, that is MUNITIONS OF WAR ACTS. 9 to say, it must be settled by arbitration, and a strike or lock-out is illegal. Such a royal proclamation was, for instance, made on 13th July, 1915, applying Part I. of the Munitions Act to a dispute which had arisen in 1915. the coal mining industry of South Wales, and a similar proclamation on 24th October, 1916, applied the Act Order 732, 1111 /-.i 24th October, to a dispute concerning dock labourers on the Clyde. 1916. The amending Act has cleared up doubts which prevailed as to WHO is A " WORKMAN " within the meaning of the Act, by defining "workman " to include " not only persons whose usual occupation 1916 Act, s. consists in manual labour, but also foremen, clerks, ' p< typists, draughtsmen, and other persons whose usual occupation consists wholly or mainly in work other than manual labour." Any workman may become a MUNITIONS VOLUNTEER by agreeing with the Minister of Munitions to work 1915 Act, s. at any controlled establishment to which he may be ' p< assigned, and to remain there for the period of the war, or at least for six months. The forms for carry- Form ing out this agreement provide that the workman must get the standard rate of wages of the district to which he is transferred, and, if that is less than the rate he was receiving before enrolment, he is also to get, along w.M.V. 19, OO with his wages, the sum necessary to make up the difference, which sum is recoverable by the employers from the Minister of Munitions. The practice of augmenting wages by paying a bonus raises the question whether a bonus is to be taken into account in calculating the difference between what the work- 10 EMPLOYERS AND WORKMEN. P. 219. Cir. M.T. 30, 3rd J une, 1916. M.W. 71394/21. Cir. W.M.V. 40. 1915 Act, a. 6, p. 67. 1916 Act, . 4, p. 68. Form VV.M.V. 1. man had before enrolment, and what he is to get where he is sent. The question whether a bonus is to be regarded as wages is a question of circumstances. The general rule is that, if the bonus is "a sum certain or capable of being made certain to which a workman may become entitled in the ordinary course of his employment, on working more or less hard, or more or less long," the bonus is to be reckoned as wages, but not if it is merely discretionary on the part of the employer to pay it (Collins and Others v. Brazil, Straker $ Co., 1916, Eng. App. Rep., p. 27). When a question arises connected with wages or allow- ances of a workman assigned to a controlled estab- lishment, the workman who is a munitions volunteer should, in the first instance, submit his claim to the Ministry of Munitions. Munitions volunteers are of two classes (1) those who have found work for themselves, or through a labour exchange; (2) those assigned to a controlled establishment by the Minister of Munitions. The first class are ordinary workmen, to whom the Leaving Certificate Regulations apply. A local tribunal may grant leaving certificates to the first class, but the second class should be referred to the Ministry office. A local munitions tribunal, however, has jurisdic- tion to settle the question whether a munitions volunteer is receiving the district rate of wages, because the volunteer agreement provides that breach of the undertaking may be dealt with by a munitions tribunal, which may impose a fine for breach not exceeding 3 (Collins v. Brazil, Straker fy Co., supra}. A munitions volunteer should not be confused with a RELEASED SOLDIER, MUNITIONS OF WAR ACTS. 11 although the situation of the two classes is in some respects similar. The soldier temporarily released from the colours for munitions work remains a soldier, and one of the stipulations in the form of agreement which he signs is, " I understand that I am liable to return to military service at any time that I cease to be employed by any firm named by the Minister of Agreement, Munitions, or if I am ordered to report myself for Pt 'ig4. ' service with the colours by the competent military authority." Meantime the released soldier is relegated to what is termed the who are men who have been relegated to the A.E-.M.W., and have entered into a formal agreement Cir. to engage in war work with any firm named by the 49 Q ct ' Minister of Munitions, and to remain there during the war, for so long as is required by the Minister. The procedure for employers obtaining the services of Army Reserve munitions workers, and the conditions of their service, are set forth in a circular issued by the Labour A.R.M.W. Supply Department of the Ministry of Munitions, and printed in an appendix hereto. Appendix X., Whilst a released soldier is in the employment to which he has been assigned by the Ministry, the Leaving Certificate Rules apply to him, subject to the Ministry being informed, through the Labour A.R.M.W. Exchange, of an application being made for a leaving 18 g 8 ' ' p> certificate ; but when a man has been assigned by the Ministry to a controlled establishment, and his services have been dispensed with by the owner of that estab- lishment, he reverte to the position of an ordinary workman, as regards section 7, and so the Leaving 12 EMPLOYERS AND WORKMEN. M.T.,Cir. 44. Certificate Rules will apply to him unless or until he is again allotted to an establishment by the Minister. The definition of " workman " in itself would seem to include apprentices, so that apprentices may be prosecuted for taking part in a strike, or for breach of the disciplinary order of the Minister of Munitions. But, as regards leaving certificates, the POSITION OF APPRENTICES is not that of ordinary workmen, for the Muni- tions Act does not abrogate apprenticeship contracts, and if workmen are serving as apprentices, the Leaving Certificate Regulations do not apply to them unless there are some very special circum- stances. The whole subject of the position of apprentices is discussed in the case of M'Kie P. 200. # Baxter v. Barrie (Scot. App. Rep., p. 23). Whether an apprentice should get a leaving certificate when he has finished his term of apprenticeship is also a question of circumstances, with, it is thought, a presumption in favour of the apprentice, for the Act directs a tribunal specially to have regard to the fact that an applicant for a leaving certificate " has left or desires to leave his work because he has recently completed a term of apprenticeship or period of learning his trade or occupation, and desires to obtain the full standard rate of wages applicable to fully qualified workmen in his trade or occupation." In the case above referred to (M'Kie fy Baxter v. Barrie) the Scottish appeal judge said " I agree that in the case of an ordinary work- man the presumption is that he can serve best in his present employment; but, in the case of an apprentice who has recently completed a term of apprenticeship, I MUNITIONS OF WAR ACTS. 13 think the presumption is the other way. The respondent is therefore entitled to his certificate unless the appellants can show that it is in the national interests that he should remain with them." But, in a subsequent case, the English appeal judge rather demurred to there being any presumption in favour of the apprentice, and considered that the right of an apprentice to obtain a leaving certificate must be judged of in each case according to its circumstances (Dines v. Mumford, 1916, Eng. App. Rep., p. 183). P. 200. The " standard wage " which the Act refers to in 1916 Act, s. 5 (5) D 71 this connection means the full standard rate of wages payable to workmen of the class to which the apprentice belongs, and is not qualified by considerations of age or experience (Curnock v. Butler fy Co., 1916, Eng. P. 201. App. Rep., p. 52), or by local custom to pay less for a period after a man has finished his term of apprentice- ship (Padgett v. Hornsby fy Sons, Limited, 1916, Eng. P. 201. App. Rep., p. 137; Donaldson v. Kearns 8f Co., P. 202. limited, 1916, Eng. App. Rep., p. 143). It is a recognised principle that masculine words in 52 & 53 Viet. an Act of Parliament include feminine, unless the c ' ' s> context implies the contrary. Accordingly, the FEMALE WORKERS, who are now largely employed upon munitions work in controlled establishments, also fall within the Act, and the Minister of Munitions may make orders as to their wages or working conditions; but an employer who employs female workers should keep in view that he is not relieved of his obligation to comply with the Factory and Workshops Acts, nor will an i9i 6 Act,- s . order by the Minister of Munitions protect any 6> p> 72> person who contravenes the Employment of 3 Ed. VII. c. 45, ss. 1, 13. EMPLOYERS AND WORKMEN. 1915 Act, Sch. II., ss. 4, 5, p. 85. 1916 Act, s. 7, p. 65. 1915 Act, a. 4 (3), p. 64. Children Act, I9O3 (which defines a child to mean a person under the age of fourteen, and entitles a local authority to make bye-laws regulating the employment of such young persons). There is not, therefore, the same wide freedom of contract for the employment of females and young persons, as exists regarding adult males. The 1915 Act recognised the necessity, in order to set free men of military age, and also to increase production of munitions, for what is commonly called DILUTION OF LABOUR, for not only skilled workmen, but semi-skilled, or un- skilled, or female workers may be quite competent to perform, or assist in performing, munitions work. The Act contemplates the possible " introduction of semi-skilled men to perform work hitherto performed by a class of workmen of higher skill " ; whilst it safeguards the interest of the skilled work- man by declaring that " the relaxation of existing demarcation restrictions or admission of semi-skilled or female labour shall not affect adversely the rates customarily paid for the job." The amending Act gives the Minister of Munitions special power to regulate the wages of semi-skilled or unskilled workers in controlled establishments. To limit the execution of munitions work entirely to skilled labour would obviously not tend to the fullest output, and any custom or practice which tends to reduce output is what the Act emphatically discourages. The scheme of this legislation is that all labour is to be employed to the best advantage to the country, and the Minister of Munitions has power to regulate the proportion of skilled, semi-skilled, or female labour which will pro- MUNITIONS OF WAR ACTS. 15 mote the most expeditious, and the largest, output of munitions, having regard to the plant and equipment of each establishment. The State calls for the aid of every person capable of rendering industrial service, who is willing to work. It matters nothing at present whether a worker is a member of a trade union or not. The only thing of any conse- quence is his or her capacity for work. All workers in controlled establishments are for the time being under the direction of the Minister of Munitions, who may arrange with any workman to work at a particular establishment, "in accordance with 1915 Act, s. arrangements made by the Minister of Munitions with or on behalf of trade unions." If the workman does not comply with his undertaking so to work, he is guilty of an offence under the Act ; and if an employer dissuades, or attempts to dissuade, a workman from 1915 Act, s. entering into such an undertaking, he also is guilty of an offence. The dilution of labour scheme of the Munitions Act, briefly, is that if work, hitherto done by skilled work- men, can, with reasonable efficiency, be done by semi-skilled or unskilled workmen, or by women, it should be so done. To effect this, " Dilution Com- missioners," nominated by the Government, effect agreements with the employers, and the workmen's trade society representatives, and adjust a basis of dilution for each establishment in a district. Such agreements have to deal with such matters as (1) encouraging co-operative effort to increase production and maintain steady output; (2) interchangeability of classes of workmen, and suspension of internal lines of demarcation ; (3) utilisation to best advantage of worker's skill, and also of pneumatic, hydraulic, and 16 EMPLOYERS AND WORKMEN. electric tools; (4) where practicable, the up-grading of skilled workmen; (5) the introduction into an estab- lishment of (a) skilled men from allied trades, (b) skilled men from other trades, (c) unskilled men, and (d) women; (6) securing that wages be not adversely affected by relaxation of existing demarcation restric- tions; (7) keeping records of departures from pre-war conditions; and (8) notice to workmen of, and, if desired, conference upon, proposed changes. The difficulties are obvious, but in some of the most important districts they have been already successfully overcome, by the wise co-operation of all interested, and, if approached in the same spirit in other districts, the success of the dilution scheme of the Act may be regarded as assured. The Minister of Munitions is empowered to make 1916 Act, a. orders as to wages and labour conditions for semi- 7 T RS 1916 Act, 8.6, skilled and unskilled workmen in controlled estab- pp. 67-72. Hshments, and also in regard to the employment of women engaged on munitions work. Whilst the amending Bill was being passed through Parliament, a series of recommendations was drawn up by the Munitions Labour Supply Committee. These were adjusted and embodied in letters known as L2 and L3. After the passing of the Act these letters were super- seded by orders made by the Minister of Munitions under sections 6 and 7 of the 1916 Act. These orders were at later dates superseded by the orders which now regulate the labour of semi-skilled and unskilled workmen and women, and these are printed in an Appendix appendix hereto. The workmen are entitled to notice Vt PP- U O f changes of working conditions, and directions given 1910 Act, , by the Minister of Munitions by circular ought to be 4, p. 62. Sob. II., . 7, followed in giving notice, although the Act is complied p. 86. MUNITIONS OF WAR ACTS. 17 with if the workmen actually do get notice (Binns v. p. 228. Nasmyth, Wilson fy Co., Limited, 1916, Eng. App. Rep., p. 169). Amongst the most important provisions of the Act, because they affect by far the largest number of persons, are the provisions designed to promote con- tinuity of employment. During the war, a workman is not free to sell his labour in the market of his own choice, nor is an employer free to engage labour where he can find it. Both are subject to the system of employment introduced by the Act, the main element in which is the use of what is familiarly known as a " clearance line," but is officially designated a LEAVING CERTIFICATE. An employer is liable in a heavy penalty if he engages a workman, who has within six weeks been engaged on munitions work, without seeing a certificate from his former employer that the workman is free to accept other employment, or a certificate to that effect granted by a munitions tribunal. The leaving certifi- 1915 Act, cate provisions of the Act apply to all persons engaged jgfg Ac ' t) in munitions work, who are employed in an establish- 20 > P- 83> rnent of a class to which section 7 of the Act has been applied by order made by the Minister of Muni- tions, or by any Government Department to which he may delegate his powers in this matter, and the number of such establishments is now so great that employers are naturally chary of employing aY worker who cannot produce a leaving certificate, and the likelihood of the worker having come from a munitions factory is so strong, that a leaving certificate has come to be recognised in the industrial world as a passport to employment. 18 EMPLOYERS AND WORKMEN. It is quite common for workers to desire to engage in munitions work for the first time; but employers who are willing to engage them frequently have no means of verifying their statements as to previous employment. Workers also frequently want to change from civil to munitions employment. The rule con- templates that in such cases workmen may ask from a local munitions tribunal what is commonly called an EXEMPTION CERTIFICATE Leaving to the effect that, in the opinion of the tribunal, the Rules, a. 4 (6), worker has not been employed on or in connection with munitions work within the last six weeks. Form M. 1 . 24. The statutory Leaving FOEM OF LEAVING CERTIFICATE Cert. Rules, Sch.L.p. 105. P. 209. must be observed (Gane, fyc. v. Rees Roturbo Manufac- turing Company, Limited, 1916, Eng. App. Rep., p. 129), and the Minister of Munitions may make rules regarding its issue, or re-delivery, or replacement in case of loss, its contents, &c. Such rules have been Appendix made, and are printed in an appendix hereto. The official designation " leaving: certificate " sug- gests, and the obvious contemplation of the Act is, that a WORKMAN SHOULD REMAIN IN EMPLOYMENT until he obtains a leaving certificate. It was held by a local tribunal that a workman who leaves his work bars himself from applying to the tribunal for a leav- ing certificate. The appeal judge, however, thought that there might be special circumstances justifying his leaving, and that his having left was not an MUNITIONS OF WAR ACTS. 19 absolute bar to his application. But the appeal judge emphasised the workman's obligation to remain in the employment " While I am of opinion that a work- man is entitled to have his complaint entertained, the fact that he has left his employment without leave is of material importance in considering whether his claim ought to be sustained. A workman who, without just cause, leaves his work, and so disregards his obligations, is presumably not a person who can be relied upon to perform faithfully more important work elsewhere; and workmen who desire leaving certificates must understand that it will be difficult to obtain them unless theyremain as it is clearly their duty to remain in their present employment until the question whether they are entitled to leave has been determined " (Smith v. Dennystown Forge Company, P. 209. Limited, 1916, Scot. App. Hep., p. 13). The fact that a workman desires to TRANSFER FROM UNSKILLED TO SKILLED LABOUR does not necessarily entitle him to obtain a leaving certificate, although that is a material circumstance to be considered along with all the other circumstances. " It is possible, for example, that a man employed as a labourer might be indispensable in one establish- ment, while his services even in skilled work might be of minor importance, from a national point of view, in another establishment. The question always is, where can he render best service ? " (Scottish Tube P. 210. Company, Limited v. M'Gillivray, 1916, Scot. App. Sep., p. 19). The variety of circumstances in which leaving certificates are asked makes it impossible to lay down 20 EMPLOYERS AND WORKMEN, any definite rules as to WHEN A CERTIFICATE SHOULD BE GRANTED. The appeal tribunals have given a good many deci- sions under the Leaving Certificate Regulations, which P. 209. are collected in an appendix hereto. When a worker seeks a leaving certificate, the Act assumes that the employer will not capriciously refuse it, but will consider the request from the point of view of the national interest. " If a workman can show that it is better in the national interest that he should work elsewhere, he is entitled to receive his certificate " P. 211. (Scottish Iron fy Steel Company v. Hands, 1916, Scot. App. Rep., p. 1); and if employers' and workmen's representatives would both look at the matter from this broad point of view, both employers and their workmen might be saved a good deal of loss of time attending before local tribunals. If a workman is refused a leaving certificate by his employer, he may APPEAL TO A LOCAL TRIBUNAL, and the tribunal, after inquiring into the circum- stances, may either grant a certificate or order the employer to grant it. The proceedings before the tribunal in leaving certificate applications are not of the nature of a formal Court process, but rather of an inquiry Court. Evidence upon oath is not necessarily P. 217. taken (Kinder v. Delta Metal Company, Limited, 1916, Eng. App. Rep., p. 51; Scottish Tube Company, P. 217. Limited v. M'Gillivray, 1916, Scot. App. Rep., p. 16), although it frequently is when facts are in dispute, for it is always, of course, competent for any tribunal to require sworn testimony. MUNITIONS OF WAR ACTS. 21 A peculiar feature of the procedure is that the parties Eng. do not necessarily require to attend before the tribunal R u i eS) Article personally, for either party may state his case in the 12 W P' 114> form of a letter. This has its conveniences, but it Tribunal has also its disadvantages, the chief of which is that f 2 U (3)' p* S statements made in a letter cannot be tested by cross- examination, and that, if one party is personally pre- sent, supported, possibly, by other witnesses, his version of the facts is quite likely to overbear the other party's written version. It is eminently desirable that, whilst lodging written' statements beforehand is most convenient, and helpful in saving time at the tribunals, neither party should rely upon a letter alone, but that, wherever practicable, a repre- sentative who is conversant with the facts should attend to support the written statements, or (what is more important) meet statements made for the other side, which the letter most probably has not antici- pated, and which may be of the nature of a surprise. The Act regards TAMPERING WITH A LEAVING CERTIFICATE as a most serious offence, either by employers 1915 Acfc s> or workmen. It is one of the exceptions to the J'P\ 75> 1916 Act, s. rule that imprisonment is incompetent for offences 12, p. 76. under the Munitions Acts. It is also an exception to the rule that offences are dealt with by a munitions tribunal. This offence is to be tried under the Summary Jurisdiction Acts, and the penalty may be imprisonment, with or without hard labour, for a term not exceeding three months, or a fine not exceeding 50. These severe penalties may be incurred by granting a false certificate, or by altering or tampering with a certificate, or by per- 22 EMPLOYERS AND WORKMEN. 1916 Act, s. fi (3), p. 70. Leaving Cert. Rules, a. 10, p. 103. 1916 Act, B. 5 (3) Proviso, p. 70. Leaving Cert. Rules, s. 12, 13, pp. 1".'M04. Minister's Memo. MM., 14th Jan., 1917. eonating the holder of a certificate, or by allowing any other person to have possession of a certificate issued to a particular workman. The counterpart of these drastic restrictions upon workmen changing their sphere of work is found in the equally drastic provisions of the Act regarding DISMISSAL OF WORKMEN. When a workman is dismissed with less than a week's notice, or wages in lieu of notice, the employer must notify the local labour exchange within twenty-four hours. The workman may apply to a local munitions tribunal for COMPENSATION FOR DISMISSAL, and the tribunal may award compensation, not exceed- ing 5, unless the tribunal is of opinion that, owing to the discontinuous or temporary nature of the employment or the misconduct of the workman, the dismissal was justified. The Act expressly excludes from this provision workmen engaged in ship repairing, and any other class of workmen who may be exempted by the Minister of Munitions in respect that the circum- stances of their employment are such that the pro- visions regarding compensation are not applicable. Obviously this compensation provision does not apply to a workman whose contract of service is terminated otherwise than by the act of the employer; nor to a workman who has been employed to do a specific piece of work, and whose employment naturally ter- minates with the completion of that piece of work; nor to a workman who has been engaged for a specific MUNITIONS OF WAR ACTS. 23 period of time, and whose engagement naturally ter- minates by the lapse of that time. Much dubiety prevails as to the AMOUNT OF COMPENSATION which is sanctioned bytheAct. Some workmen claim a week's wages as the minimum; others claim 5. But the intention of the Act clearly is only to indemnify a workman (up to 5 as a maximum) for loss actually sustained i n consequence of his having been dismissed without notice. " The principle to be applied by the tribunal in deciding a claim for com- pensation under the Act is the same as would be applied in deciding a claim for damages for wrongful dis- missal. The tribunal must see what loss the workman has suffered by being dismissed without receiving a week's notice or wages in lieu of notice " (Morgan v. P. 206. Fraser fy Chalmers, 1916, Eng. App. Rep., p. 109; Anderson v. Reid, 1916, Scot. App. Rep., p. 4). The amount of compensation to be awarded is a matter of fact to be determined by the local tribunal, and is not subject to review by the appeal tribunal (Anderson v. Reid, supra], A workman's right to get a week's notice, or a week's wages in lieu of notice, is the quid pro quo of the employer's right to retain a workman by refusing to grant him a leaving certificate. But REFUSAL OF A LEAVING CERTIFICATE must be on reasonable grounds, for a workman, or his trade union representative, has the right to complain to the local tribunal of his district th%t an employer has " unreasonably refused or neglected to issue such 1915 Act, s. 7 (2) p. 69. a certificate." If the tribunal is of opinion that such 24 EMPLOYERS AND WORKMEN. 1916 Act, s. 7 a complaint is well founded, the tribunal itself may there and then issue a leaving certificate to the work- man (which is the common procedure) ; or the tribunal may order the employer to issue a certificate, and may also order that, in the event of failure to issue the Order 315, certificate, the employer shall be fined 1 for each 1916. day's non-compliance with the order to do so. Of course, that does not run when an appeal is taken, and in practice it is when an appeal is contem- plated that the tribunal orders the employer to issue the certificate. In the ordinary case of refusal of a certificate to a workman who merely desires to change his sphere of labour, there is no penalty attached to the refusal, even if the tribunal should think that the refusal was unreasonable ; but when a workman has been " dis- missed or discharged," the obligation of the employer 1916 Act, s. is to " forthwith give him such a certificate " ; and, if he fails to do so, a local tribunal, In addition to issuing, or ordering the issue of, the certificate, may order the employer to pay the workman a sum not exceeding 5, " unless the tribunal is of opinion that the workman was guilty of misconduct for the P. 70. purpose of obtaining dismissal or discharge." This penalty is distinct from the 5 compensation penalty for failure to give a week's notice, or a week's wages in lieu of notice. The arrangement of section 5 (2) of the 1916 Act is somewhat peculiar, but the compensation which it gives to a discharged workman is compensation for being unreasonably refused a leav- ing certificate, which, of course, infers that no claims under section 6 (2) can arise to a workman who promptly obtains a certificate so soon as he asks for MUNITIONS OF WAR ACTS. 25 it (Doulton $ Co., Limited v. Brown, 1916, Scot. App. P. 226. Eep., p. 48). But a workman may not be discharged, and yet he may suffer interruption of his wage earning. His place of work may, for some reason, be temporarily without work for him. In normal times he would, in that event, look for work elsewhere. But in these times he cannot do that, unless he has got a leaving certificate. The Act accordingly puts into the same position as a dismissed workman the following, viz. : (a) a workman who has for a period of more than two days been given no opportunity of earning wages; (b) a workman who justifiably leaves his employment on p. 70. account of the conduct of his employer or " any agent of the employer " ; that is to say, such a workman becomes entitled to obtain a leaving certificate forth- with, and to be compensated up to <5 if a certificate is unreasonably refused. What may be " conduct " on the part of an -employer or his agent which would warrant a workman leaving his employment is, of course, a question of circumstances, but the onus would rest upon the workman to justify his leaving, and so this case is not likely very frequently to present itself; but the other case deprivation of wage-earning for more than two days does very frequently present itself in varied forms. The Act takes no cognisance of the reason why a workman may be for more than two days deprived of the opportunity of earning wages. The fact that he has been so deprived is alone regarded. " Days " in this section means " working days," as distinguished from Sundays and recognised holidays (Bennett v. p. 225. King's Norton Metal Company, 1916, Eng. App. Rep., 26 EMPLOYERS AND WORKMEN. p. 114; Merry Sf Cuninghame v. Paterson, Sfc., 1916, Scot. App. Rep., p. 28). A workman who has been deprived of the opportunity of earning wages for more than two days becomes entitled to obtain a leaving certificate, and possibly also compensation up to 5 if the certificate is unreasonably refused when it has been asked for. The words " opportunity of earning wages " have been construed to mean that the work- man has been deprived of the opportunity of earning his usual ra te of wages. It is therefore no answer to a claim under section 5 (2) that, although the works may have been closed down, the workman complaining was offered employment, if that employment carried P. 225. wages less than his usual rate (Taylor v. shorn fy Co., 1916, Eng. App. Rep., p. 163). Nor is it a good answer to a claim under section 5 (2) that the closing down of works was not the volun- tary act of the employers, but was forced upon them by the breakdown of plant or machinery, the necessary P. 227. repair of which occupied more than two days (Acme Steel and Foundry Company v. Stafford and Others, P. 225. 1916, Scot. App. Rep., p. 52; Bennett v. King's Norton Company, 1916, Eng. App. Rep., p. 114). It is a peremptory direction of the Act that a work- man is not to be dismissed unless he gets a 1916 Act, . WEEK'S NOTICE OR WEEK'S WAGES fi (3), P . 70. in lieu of notice. If he is, the employer must satisfy a local tribunal that he was justified in dismissing the workman because of (a) the discontinuous or temporary nature of the employment; or (b) the misconduct of the workman. The onus of proving justification for dismissal always rests upon the employer, who should therefore be careful to preserve evidence. It was, in MUNITIONS OF WAR ACTS. 27 pre-war times, a common practice to suspend a work- man for shop offences, such as bad timekeeping, or insubordination, or other misconduct, but such shop practices at all events, in controlled establishments are in abeyance during the war, and a foreman should recollect that the circumstances may be such that SUSPENSION MAY BE DISMISSAL within the meaning of section 5 (2), and that he may make his employer liable in compensation if he fails to justify the dismissal. A workman should not be suspended, but should be prosecuted for such offences under the Disciplinary Regulations enacted by the P. 148. Minister of Munitions to be posted in every controlled establishment, and as it is quite likely, especially where a number of men are dismissed together, that the employer's evidence as to justification may be contradicted by a greater volume of evidence for the workmen, it is safe policy rather to rely upon the 'Disciplinary Regulations to check bad timekeeping, x>r insubordination, or drunkenness, or other mis- conduct, and, wherever practicable, to give workmen a week's notice of the termination of their employment. Where a workman is dismissed without a week's notice, or a week's wages, it is the obligation of the employer within twenty-four hours to REPORT TO THE LABOUR EXCHANGE 1916 Act, s. 5 (3), p. 70. the fact of the dismissal and the reason for it, but an Leaving employer is not barred from founding on misconduct of the workman, as justifying dismissal, by failing to 103 - state it in his report to the Labour Exchange; and misconduct may be pleaded in answer to a claim for compensation, even although the misconduct was not 28 EMPLOYERS AND WORKMEN. known to the employer at the time of dismissal (Payne P. 2(i5. v. Brazil, Straker $ Co., Limited, 1916, Eng. App. Rep., p. 223). AVliilst a time is fixed for the em- ployer thus reporting, and the direction to report is peremptory, no time is fixed within which the dismissed workman may avail him- self of his privilege of claiming compensation. A local tribunal held in one case that what the Act contemplates is that the workman also must make his claim within twenty-four hours; but on appeal this was not supported, although the appeal judge recog- nised the principle that a claim should be made timeously. " It is in the interests of both workers and employers, and is clearly in accordance with the spirit and intention of the Acts, that all claims should be lodged and disputes settled with the least possible delay, and any claim which is unreasonably delayed ought to be rejected " (M'Lean and Others v. Yarrow P. 205. # Co., Limited, 1916, Scot. App. Rep., p. 5). The REASONS FOR ASKING LEAVING CERTIFICATES are very varied, and it is not possible to lay down any hard and fast rules as to when a certificate should be granted and when it may be refused. The Act directs munitions tribunals in determining: whether a certificate has been unreasonably refused to have regard to two special things. One is whether an applicant has recently completed his apprenticeship. This has already been referred to. The other is whether the employer lias failed to observe the fail- wages clause re. with the purpose either of workmen coercing employ or employers coercing workmen, to accept working conditions. Each workman taking part in a strike is 1915 Act, a. liable to be fined 5 for each day or part of a day the ,, 77 strike lasts ; and the penalty for taking part in a lock- out is 5 per day for each man locked out. The strike or lock-out prohibition is the counter] mrt of the arbitration scheme of the Act. The prohibition applies to employers or employees engaged on or in connection with " munitions work," and, as we have Pp. 5-8. seen, munitions work has now a very wide meaning. far as the Munitions Act itself is concerned, the prohibition against a strike only applies to a person s. _'(!), p. 61. '"P'oyed who has a difference with his employer as to wages or working hours, " or otherwise as to terms , p. 61. or conditions of or affecting employment." The MUNITIONS OF WAR ACTS. 33 Munitions Act itself does not reach the INSTIGATOR OF A STRIKE OR LOCK-OUT, but any person who encourages such methods of attempting to force a settlement of industrial differ- ences takes the serious risk of coming within the much more drastic penalties of the Defence of the Realm Articles 42- CQ Regulations, for these apply to any person who, inter alia, " attempts to impede, delay, or restrict the production, repair, or transport of war material or any other work necessary for the successful prosecution of the war " a broad enactment which would seem very obviously to reach any person who, by encouraging a strike or lock-out, interrupts the continuity of work on or in connection with munitions. But whilst the Act is emphatic that a strike and a lock-out, as weapons in industrial warfare, are for the present laid aside, it makes full provision for the SETTLEMENT OF DISPUTES. If any dispute arises " as to rates of wages, hours of work, or otherwise as to terms or conditions of or affecting- employment," whether between an 1915 Act, s. employer and workers or between classes of workers, ' p ' any of the interested parties, or their representatives, may report the difference to the Board of Trade (a certificate by the president or an official that a differ- 1916 Act, s. ence has or has not been reported being sufficient evi- dence of that). When reported, the Board may within twenty-one days settle the dispute. If they fail to do so, the Board of Trade may refer it to arbitration. If 1915 Act, s. the dispute is one between employer and workers, and if the Board consider it a bona -fide difference, they are bound to refer it. D 34 EMPLOYERS AND WORKMEN. 1915 Act, Sch. I., p. 84 If the Board of Trade consider that means for settle- S. l (2), p. 60. ment already exist, in pursuance of an agreement be- tween employers and workers, the Board may refer the difference for settlement by those means, in which event, of course, an award so obtained will be equally binding as if it had been obtained from a Board of Trade Arbiter, or a Court of Arbitration, and failure to comply with such award will be equally an offence. If settlement thus is not ordered, or is unduly delayed, the Board may remit the dispute for settle- ment under the Act by the Committee on Production, or by a single arbiter (to be appointed by the Board of Trade failing agreement), or by a COURT OF ARBITRATION, consisting of an equal number of employers' repre- sentatives and workmen's representatives, with a chair- man appointed by the Board of Trade. The parties may mutually select any of these arbitration tribunals, and, failing their agreeing, the Board of Trade will decide. The whole arbitration scheme is contained within the Act itself. The Arbitration Act, 1889, does not apply to any dispute under the Munitions Acts. A " difference " may with advantage be referred before it develops into an actual "dispute," for arbitra- tion is competent " if any difference exists or ! apprehended." The statutory arbitration scheme is primarily for the settlement of differences in relation to munitions work, but it may be applied by royal proclamation to work of any description where a difference has arisen, if " the existence or continuance of the difference is directly or indirectly prejudicial to the manufacture. 1915 Act, Sch. I., p. 84. 1916 Act, s. 23, p. 61. 1915 Act, s. 1 (1), p. 59. 1915 Act, . 3, p. 62. MUNITIONS OF WAR ACTS. 35 transport, or supply of munitions of war." The Minister of Munitions has power to create a SPECIAL ARBITRATION TRIBUNAL 1916 Act, s. 8 (l), p. 60. to deal with differences arising out of directions given by the Minister, or which he is empowered to give, relating to the wages and working conditions of female workers employed in an establishment to which section 7 has been applied, or of semi-skilled or unskilled workers employed upon munitions work in a controlled establishment. The Minister of Munitions may also refer to this special tribunal S. 8(2), p. 60. for advice " any question as to what directions are to be given by him " relative to these classes of workers. If the matters to be submitted to this special tribunal relate to female workers, the tribunal shall include 1916 Act, s. 8 /o\ . f*f\ at least one woman. J n anv arbitration the AWARD MAY BE RETROSPECTIVE. The award is final, and all parties to the reference 1915 Act, s. are bound by the award. (4) ' p ' 60 REFUSAL TO ACCEPT AN AWARD makes an offender liable in a penalty not exceeding 5 1915 Act, s. f wj * j i,- v n, A P- for each day or part oi a day during which the award is 76. not complied with ; and if the offender is an employer for each man in respect of whom the contravention takes place. includes every kind of difference concerning "terms i9i5Act, s. 3, or conditions of or affecting- employment p- ' on or in connection with munitions work." The bulk of the work of an establishment must be munitions 36 EMPLOYERS AND WORKMEN. work to bring it within the arbitration provisions, but if the work is substantially munitions work, the establishment is not excluded merely because some inconsiderable portion of the work done may be intended for civil use. The Act specially mentions 8. 3, p. 61. differences as to rates of waxes a nd hours of work, which are, of course, the two subjects upon which labour disputes most frequently arise. The 1916 Act, a. 4 decision of an arbitration tribunal upon both these questions is much simplified by the removal for the time being of the element of rules, practices, or customs which tend to restrict production or employment. But the question may arise whether a rule, practice, or custom does so tend, 1915 Act, B. 4 and that question must first of all be referred to the /o\ _ *vj Board of Trade, who may either themselves settle it, or, " if they think it expedient, or either party requires it," they may refer it to an arbitration tribunal. The 1915 Act, s. l decision of the Board of Trade ae to whether, and when, ( 1 ) p 59 a difference has been reported to them is declared to be " conclusive for all purposes." When a difference concerns RATES OF WAGES the arbitration tribunal must have regard to several things. If the difference arises in a controlled estab- lishment, the first question is whether, if a change in 1915 Act, s. 4 the wages of any class of workers has been pro- posed, the proposal has first of all been submitted to the Minister of Munitions, for it is only if he has withheld his consent that arbitration is competent at all. There must be kept in view also the undertakings 1915 Act, in Schedule II. of the Act as regards the introduction 4, 5, p. 85*' * semi-skilled labour or female labour. Then as MUNITIONS OF WAR ACTS. 37 regards female workers and semi-skilled and unskilled workers, the Minister of Munitions may have given special directions, or the Factory Acts may have im- 1916 Act, s. posed conditions or restrictions which must be regarded by the tribunal. Differences concerning HOURS OF WORK are probably less likely to arise, because the rules, practices, and customs which are suspended largely concerned working hours. For the present the matter of working hours is very much a matter for adjust- ment between employers and workers, or their repre- sentatives. The Minister of Munitions also has power to give directions as to the " general ordering of the 1915 Act, s. 4 work " in a controlled establishment, and such direc- ' tions employers and workmen are alike bound to comply with. The differences accordingly which may arise under this head are probably more likely to be differences between " classes of persons employed " than 1915 Act, s. 1 between employers and workers. It has to be kept in ' view always that FEMALE WORKERS' HOURS may be affected not only by special direction by the Minister of Munitions, but also by the provisions of the 1916 Act * 7> Factory and Workshops Acts. The part of the Act which most seriously affects employers is that entitling the Minister of Munitions to declare any place where war work is carried on to be a CONTROLLED ESTABLISHMENT. 1915 Act, a. 4, p. 62. It is very seldom that an Act of Parliament coins a phrase which carries its own meaning so obviously on 38 EMPLOYERS AND WORKMEN. 1915 Act, r IA\ vv fl 1916 Act.,*. 5 (2), p. 66 its face. By a simple order, the Minister of Munitions may designate any establishment where war work is done as a "controlled establishment," and immediately it becomes "controlled " indeed, for its owners then cease to be free to conduct their own business in their own way, and the STATE SHARES IN THE PROFITS. The effect, broadly speaking, of an establishment becoming controlled is that the State becomes a sort of statutory partner in the industrial concern, but a partner of a very unusual type, who neither contributes any capital nor assumes any liabilities, and yet takes the lion's share of the enhanced profits arising from exceptional industrial activity, which would in normal circumstances go to the owner of the establishment. The circumstances must necessarily be very varied which enter into the question WHAT ARE EXCESS PROFITS? that is to say, the net profits so far as they exceed by one-fifth the standard profits. The means for adjust- ment of figures must necessarily, in such an excep- tional arrangement, be elastic in their nature, and the Act itself merely sets forth the principles of the arrangement, giving the Minister of Munitions a wide discretion to meet the special circumstances of in- dividual cases. The Minister of Munitions has power to make rules for carrying out his powers, and for fixing fair figures. The Act defines the XDARD AMOUNT OF PROFITS for any period to be the average of " the amount of the net profits for the two financial years of the establish- MUNITIONS OF WAR ACTS. 39 ment completed next before the outbreak of the war, or a proportionate part thereof " ; but if the Minister is of opinion that this average may not afford a fair standard of comparison, he may agree with the owner 1915 Act, s. to substitute another agreed-upon figure as the standard, and in arriving at this figure there may be taken into account the profits or losses of other estab- lishments belonging to the same owner. If the Minister and the owner cannot agree upon a figure, and if the owner of the establishment so requires, the standard is to be fixed by a referee, or a board of referees. But if 1915 Act, s. an owner requires referees to be called in, and they \ J 1916 Act, s. think that the reference to them was unreasonable, 22 (2), p. 67. they may direct that any costs payable by the owner shall be paid out of the divisible profits. The Minister of Munitions is entrusted with a dis- cretion as to WHAT ESTABLISHMENTS MAY BE CONTROLLED. 1915 Act, s. 4, p. 62. If he " considers it expedient for the purpose of the successful prosecution of the war," he may make an order in reerard to " any establishment in which 1915 Act, s. 4, p. 62. munitions work is carried on," but if the Minister of Munitions " considers that it is practicable to do so " he may exempt part of an estab] ishment 1915 Act, s. where no munitions work is carried on, and treat that part as a separate establishment. As has been pointed out, the amending Act has very much expanded the meaning of "munitions work." The amending i9l6Act,s. 1, Act has also included establishments under the control p ' of any Government Department. The EFFECT OF A CONTROL ORDER is that both employer and workers come under the 40 EMPLOYERS AND WORKMEN. (5), p. 65. P. 148. direction of the Minister of Munitions, who may make 1915 Act, s. 4 orders with respect to the general ordering of the work, failing to comply with which orders is an offence punishable by fine up to 3. The Minister of Muni- tions has exercised his power by making a disciplinary order, which is set forth in an appendix hereto. 1915 Act, as. The control order also has the effect of sus- (e), pp. 64, 77. pending "any rule, practice, or custom" tending to restrict production or employment; and to induce or attempt to induce any person to comply with such rules, practice, or custom is an offence punishable by fine up to 50. For the purpose of carrying out the provisions of the Act relating to controlled establishments, the 1915 Act, s. (6), p. 66. 1915 Act, s. 11, p. 74. 1915 Act, s. 11, p. 74. 1916 Act, B. 16, p. 74. 1915 Act, B. H(l)(e/), p. 74. 1915 Act, 8. 11, p. 74. 1916 Act, s. 16 (2), p. 74. OWNEES MUST FURNISH INFORMATION to the Minister of Munitions, or to any other Govern- ment Department with whom the Minister of Munitions may arrange for the collection of information. The matters in regard to which the Minister may require information include the numbers and classes of workers; the numbers and classes of machines; the nature of work performed by them; the cot of production o f articles produced or dealt with in the establishment; the cost of materials used in pro- duction; the persons supplying: materials; an d generally " any other matters with respect to which the Minister may desire information for the purpose of his powers and duties." Of course, much of this information may be confidential, and so heavy punish- ment imprisonment up to two years or a fine, or both imprisonment and a fine may be imposed upon any person w }, 0) except as authorised by the Minister of Munitions, " discloses or makes use of any Information " thus supplied to the Minister. MUNITIONS OF WAR ACTS. 41 For obtaining the necessary information the Minister of Munitions may appoint INQUIRY INSPECTORS, 1915 Act s - 11, p. 74. who may enter a controlled establishment at all reason- 17 /^ ,m' ' able times to obtain information, or to make " exami- 75. nation and inquiry " as to whether it is desirable for the Minister to exercise his powers ; and any person who obstructs the inspector in the exercise of his duty, or who fails to produce documents, or refuses to give information, is guilty of an offence, and may be fined up to 10. Every INSPECTOR MUST SHOW HIS WARRANT for requesting admission to an establishment. He is required to carry his certificate of appointment, and !916 Act, s. if required he is bound to produce it. If the Minister of Munitions revokes an order in regard to a controlled establishment, which order " has not been in operation for more than three months, and was made under a misapprehension," he may in the 1916 Act, a. 24 p. 66. revoking order direct that the revoked order shall be treated as if it had never had effect. When the making of any place a controlled estab- lishment has the effect of changing the conditions 1915 Act, which previously prevailed, a record must be kept of p c 8 'g. '' s> 6 ' the nature of the changes, and this record " shall be open for inspection by the authorised representative of the Government." When practicable, notice is also to be given to the workers of changes resulting from the place becoming a controlled establishment, " and opportunity for local 1915 Act > consultation with workmen or their representatives p. 85. shall be given if desired." 42 EMPLOYERS AND WORKMEN. The Act allows No APPEAL AGAINST A CONTROL ORDER. 1916 Act, s. The right of appeal introduced by the amending Act applies only to decisions of munitions tribunals. Nor do the arbitration provisions of the Act cover an order making a place a con- trolled establishment. What establishments should be controlled, and when a controlling order should be made, are matters which the Act appears to leave absolutely to the discretion of the Minister of Munitions. If he considers it expedient to make a controlling order, the owner of the establishment seems to have no option to refuse to accept the order. The owner must comply with the order, and that notwith- 1915 Act, a. 4 standing that his establishment may be governed by " any Act, order, or deed." Amongst other matters which the Minister of Munitions may take cognisance of, in an establishment where munitions work is being done, is the 1915 Act, s. 8 WEARING OF BADGES, (1) (2), p. 72. or other distinctive marks, by persons engaged on war Rales, p. 171. work. He may make rules as to the issue, return, use, or misuse of badges; and persons contravening such rules are guilty of an offence, and liable to be fined up to 50. Besides the Munitions Act penalty, any unauthorised person using a munitions worker's badge Def. of Realm j e liable to prosecution under the Defence of the Realm Reg., 41 (a). Regulations. STATUTORY OFFENCES. The Act creates many offences, some of which <-:m only be committed by employers, some only by workers, MUNITIONS OF WAR ACTS. 43 and some by either, or both. The statutory OFFENCES BY AN EMPLOYER are : (1) Failing to comply with, or acting in contra- 1915 Act, s. l vention of, an arbitration award. Penalty i^f)^ A fine not exceeding 5 for each man in 76t respect of whom the failure or contravention takes place, for each day or part of a day during which he fails to comply with, or contravenes, the award. (2) Taking part in a lockout. Penalty A fine 1915 Act, s. 2 ,. nc . PI (i) p- 61 ; 8 - not exceeding io, in respect of each man i4(i)(&), p . T/ locked out, for each day or part of a day the lockout continues. (3) Dismissing without reasonable cause a work- 1915 Act, s. 6 man in his employment who enters into the ^' p> statutory undertaking with the Minister (1), p. 68. of Munitions (to work in any controlled establishment) within six weeks of the date of the undertaking. Penalty A fine not exceeding 5. (4) Failure to comply with an undertaking 1915 Act, s. which an employer has entered into with the Minister of Munitions as to the class of work upon which a workman assigned 68 c ' s> ' to a controlled establishment (including a soldier temporarily released from service for employment on munitions work) is to be employed. Penalty A fine not exceed- ing 5. (5) The employer, or a contractor, or sub-contrac- 1915 Act, s. 4 tor, making a change in the rate of wages in a controlled establishment without first 44 EMPLOYERS AND WORKMEN. submitting the proposal for change to the Minister of Munitions; or making the change when the consent of the Minister has been withheld. PenaltyA fine not exceeding 50. 1915 Act, a. 4 (6) The owner of a controlled establishment, or <*), P- 64 ; Sch. II., p. any contractor or sub-contractor, breaking or attempting to break, the undertaking expressed in Schedule II. of the Act [which Sch. II., s. l. undertaking is (a) that any departure from pre-war practice shall be only for the period of the war; (6) that no change in practice Sch. II., s. 2. shall prejudice the position of workmen or their trade unions as regards resumption after the war of pre-war rules and customs ; Sch. III. , s. 3. ( c ) that in after-war readjustment of staff in a controlled establishment priority of employment be given to workmen who have served with the colours or were employed in the establishment when it became con- 8ch. II., B. 4. trolled; (d) that where the custom of a shop is changed by dilution of labour the usual time and piece rates of wages of the Sch. II., s. 5. district will be paid; (e) that dilution of labour shall not adversely affect the rates customarily paid for the job, and that, where men who ordinarily do the job are adversely affected, the necessary readjust- ments shall be made to maintain their pre- Sch. II., a. 6. vious earnings; (/) that a record be kept of the nature of the departure from the conditions prevailing when the establish- ment became controlled; (^) that, where I n.i . workmen get notice of changes MUNITIONS OF WAR ACTS. 45 of working conditions consequent upon the establishment becoming controlled, and Sch. II., s. 7. that if desired opportunity be given for local consultation with workmen or their representatives ; (A) that differences with regard to wages or conditions of employ- Sch. II., s. 8. ment be settled by arbitration without stoppage of work ; (i) that (except as regards (c) supra) the undertaking expressed in Schedule II. shall not prejudice the position gch. II. , s. 9. of employers or employed after the war.] Penalty A fine not exceeding 50. (7) Failure to comply with regulations of the 1915 Act,"s. 4 Minister of Munitions in regard to the general ordering of the work in a controlled 77. establishment. Penalty A fine not exceeding 3. (8) Dissuading, or attempting to dissuade, a work- 1915 Act, . 6 man in his employment from entering into i/i\< e \ ; p 8 ' the statutory undertaking with the Minister 77. of Munitions (to work at any controlled establishment to which he may be assigned). PenaltyA fine not exceeding 50. (9) Retaining, or offering to retain, a workman in 1915 Act, B. 6 his employment, after the Minister of Muni- j^f)'/^ ; p 8 ' tions has notified that the man is to work 77. at some other establishment. Penalty A fine not exceeding 50. (10) Giving employment within six weeks to a 1915 Act, s. 7, workman without his producing a clearance (U) (i) ( e ), p. certificate from his last employer. 77- Penalty A fine not exceeding 50. 46 EMPLOYERS AND WORKMEN. 1916 Act, s. 5 (2), p. 69. 1916 Act, s. 5 (6), p. 71. 1916 Act, *. 6 (2), p. 72. 1915 Act, a. 4 (5), p. 65. 1916 Act, 8.7, p. 65. 1915 and 1916 Act*, s. 12, p. 75. (11) Dismissing a workman and refusing to give a clearance certificate without good reason. Penalty Payment to the workman of a sum not exceeding 5. (12) Breach of any rules made by the Minister of Munitions in regard to clearance certificates. PenaltyA fine not exceeding 5. (13) Failure of the owner of an establishment to which section 7 has been applied, or a con- tractor or sub-contractor, to comply with directions given by the Minister of Muni- tions in regard to the employment of female workers. Penalty A fine not exceeding 5 per worker per day. (14) Failure of the owner of a controlled estab- lishment, or a contractor, or sub-contractor, to comply with directions by the Minister of Munitions in regard to semi-skilled or unskilled labour. PenaltyA fine not exceeding 5 per worker per day. (15) Granting a false clearance certificate, or giving false information, to the Minister of Munitions, or any other Government Department with whom the Minister of Munitions may arrange for the collec- tion of information, or making any false statement or representation for the purpose of evading any provision of the Act; or in any proceedings before a munitions tribunal or arbitration tribunal or referees; or to the Minister of Munitions or any officer of his, for the pur- pose of obtaining or retaining the services MUNITIONS OF WAR ACTS. 47 of a workman. Penalty A fine not exceeding 50, or imprisonment not exceed- ing three months. (16) Obstructing in the exercise of his duty an inspector appointed by the Minister of Munitions. Penalty A fine not exceeding s 17 (2), p. 75. 10. (17) Failure in a controlled establishment to 1915 Act, s. 4 i -^ vi ( 6 ) P- 66 > comply with a reasonable requirement 01 s . I4(l)(e), Minister of Munitions. PenaltyA fine P- 77 ' not exceeding 50. (18) Failure of the owner of " any establishment 1915 Act, . . s 11 p 74- in which persons are employed " to give the s [ i4'(ij ( e ),' Minister of Munitions information as to P- 77> number of workers, machines, &c. PenaltyA fine not exceeding 50. (19) [Where before the war union labour was exclusively employed in a controlled estab- lishment, and non-union labour is intro- duced during the war into any class of work, the owner is deemed to have undertaken that such introduction is only for the period of the war.] Breaking or attempting to 1915 Act, s. 4 break this undertaking. Penalty A fine ![/** 1916 Act, not exceeding 50. s. 15, p, 64. (20) Inducing or attempting to induce any person 1915 Act, s. 4 in a controlled establishment to comply ^ i^m ( e \ with any rule, practice, or custom tending P- 77 - to restrict production or employment. PenaltyA fine not exceeding 50. (21) Failing to comply with the rules as to the 1915 Act, issue of badges. Penalty A fine not ex- J; n P i) 7 f e ), ceeding 50. p- 77. 48 EMPLOYERS AND WORKMEN. (22) Disclosing or making use of information given for the use of the Minister of Munitions. 1916 Act, Penalty Imprisonment, with or without "' 16 ' p - 74 ' i. -j i u hard labour, up to two years; or a fine; or both imprisonment and a fine. 1916 Act, (23) If a company is guilty of any offence under s. 18 (4), p. 80. / the Act, every director, manager, secretary, or other officer of the company who was knowingly a party to the offence is liable also to the like penalty as the company. The statutory OFFENCES BY A WORKMAN are fewer in number, but some of them involve serious penalties. A workman, as well as an employer, may be liable for the following offences: 1915 Act, s. i n ) Failing: to comply with an arbitration award. (4), p. 60 ; r J s. 14 (l) (a), Penalty A fine not exceeding 5 per day or part of a day during which his failure to comply continues. 1915 Act, s. 4 (2) Failing to comply with orders of the Minister (5) (6), P. 65. i j , of Munitions relating to work in a con- trolled establishment. PenaltyA fine not exceeding 3. (3) Breach of rules made by the Minister of Muni- tions in regard to leaving certificates. (6), p. 7l! "' PenaltyA fine not exceeding 5. 1915 Act, 8. 4 (4) In a controlled establishment, inducing or B. \4(\)('e), attempting to induce any person to comply p- 77- with any rule, practice, or custom not having the force of law which tends to MUNITIONS OF WAR ACTS. 49 restrict production or employment. PenaltyA fine not exceeding 50. (5) Failing to comply with rules made by the 1915 Act, s. 8, "D TS " S 14: Minister of Munitions as to the wearing of (f) ( e )\ p. 77. badges. Penalty A fine not exceeding 50. (6) Making any false statement or representation 19 15 Act > s - for the purpose of evading the Act; or in 19 ' 16 Act s proceedings before a munitions or arbitra- 14 > P- 75. tion tribunal ; or to an officer of the Minister of Munitions, for the purpose of obtaining or retaining employment. Penalty A fine not exceeding 50, or imprisonment not exceeding three months. (7) Disclosing or making use of information given 1915 Act, s. for the use of the Minister of Munitions. ' p ' ' _ 1916 Act, Penalty Imprisonment up to two years ; s. 16 (2), p. or a fine ; or both fine and imprisonment. Besides these, there are the following offences personal to the workman: (8) Taking part in a strike. Penalty A fine not 1915 Act, s. 2 exceeding 5 for each day or part of a day 1. i-Mi) (c) during which the strike continues. P- 77- (9) Failing to comply with undertaking made with 1915 Act, s. 6 Minister of Munitions that he will work at a .l^(i)(d), any controlled establishment to which he P- 77. may be assigned. Penalty A fine not ex- ceeding 3. (10) Tampering with a leaving certificate, or 1915 Act, s. personating the holder of a certificate, or ' p ' giving any other person possession of his E 50 EMPLOYERS AND WORKMEN. 1915 Act, s. 15, p. 77. 1915 Act, R. 15(1), p. 77. 1915 Act, a. 15 (3), p. 78 (4), p. 80. 1915 Act, B. 15 (4), p. 80. 1915 Act, a. 77. 1910 Act, B. 18 (1), p. 78. certificate. Penalty Imprisonment up to three months, or a fine not exceeding 50. With the exception of the offences of granting a false certificate, or giving false information, tampering with a clearance certificate, &c., and disclosing infor- mation obtained for the use of the Minister of Muni- tions, which may be prosecuted before the ordinary Criminal Courts of the land, the Act does not sanction any LEGAL PROCEEDINGS before the ordinary law Courts. Offences are dealt with, and orders enforced, and complaints heard and determined, by special tribunals created by the Act. A GENERAL MUNITIONS TRIBUNAL has "jurisdiction to deal with all offences and matters under this Act," except the three classes of offences before referred to, in which imprisonment is com- petent. A munitions tribunal has No POWER TO IMPRISON. Workmen's penalties are recoverable by civil diligence under the provisions of the Summary Jurisdiction Acts ; or a tribunal may order a fine imposed upon a workman to be deducted from wages, in which event the order will embody authority to any person paying wages to such workman to make such deduction. A LOCAL MUNITIONS TRIBUNAL has jurisdiction to deal with offences the maximum fine for which does not exceed 5, and with matters which arise in connection with the dismissal or dis- MUNITIONS OF WAR ACTS. 51 charge of workers, including applications for leaving certificates and for compensation. The CONSTITUTION OF THE TEIBUNAL is similar, for general or local. In either case the Court consists of a chairman sitting with two assessors, 1915 Act, s. one drawn from a panel of employers or their p ' representatives, and the other from a panel of workmen or their representatives. The chairman is directed to consult with the assessors before giving his decision, and where the assessors are agreed the chairman is to 1916 Act s give effect to their opinion in his decision, " except as 18 ( 2 ) P- ? 8 - respects questions which appear to the chairman to be questions of law." The original Act did not provide for review of a decision of a munitions tribunal; but the amending Act gives a RIGHT OF APPEAL 1916 Act, s. 18 (3), p. 79. to such judge of the High Court (in Scotland judge of the Court of Session) as may be appointed by the Lord Chancellor (in Scotland by the Lord President) for the purpose. Appeal may be taken against the decision of either a general or a local tribunal, " on any ground which involves a question of law or a question of mixed law and fact," or on any other ground that may be sanctioned by procedure rules. See Rules, What is a &, P P .136. QUESTION OF MIXED LAW AND FACT is not always clear. Upon a question of pure law, R u i es , s . 3 either the employer or the workman has the right to (*)> PP- 119 > appeal. If the question is one of mixed law and fact, leave to appeal should be asked from the chairman 52 EMPLOYERS AND WORKMEN. Rules, a. 3 of the local tribunal. Such leave is in practice granted 136. when asked, leaving the appeal judge to decide the competency of the appeal. The appeal judge has Pp. 121, 138. power to dismiss any case if the notice of appeal discloses " no substantial ground of appeal." Pp. 124, 142. The appeal judge has power to take additional evidence; but any person who fails to lead evidence which he might have led before the tribunal will not be permitted to lead it before the appeal judge P. 218. (Scottish Iron and Steel Company v. Hands, 1916, P. 216. Scot. App. Rep., p. 1; Ritchie, Graham fy Milne v. P. 214. Dougan $ Gaw, 1916, Scot. App. Rep., p. 8; Inglis 8f Co., Limited v. Walker, 1916, Scot. App. Rep., p. 10). It is to be noted as regards certain of the offences that they may be committed by a CONTRACTOR OR SUB-CONTRACTOR. The Act does not define either of these terms, but in many industrial establishments it is common for work to be done upon the contract system, and also for parts of work to be given out to sub-contractors. At the present time probably much work, or part work, is being done in this way. It should be kept in view, therefore, by all who are engaged in war work, either directly or indirectly, that, as regards some offences, the scope of such words as " employer " or " owner of a controlled establishment " may possibly be wider than their ordinary meaning might suggest. There is another provision of the Act which should be regarded by all who think that they have occasion to make complaint to a munitions tribunal. That is, that the tribunal may award MUNITIONS OF WAR ACTS. 53 COSTS IN VEXATIOUS PROCEEDINGS 1916 Act, a. 22 (1), p. 80. to the person against whom the complaint is laid, to cover his expenses, trouble, and loss of time. RULES AND REGULATIONS (which may be issued without the formalities of notice and publication which is required by the Rules Publica- 56 * 57 Vict - tion Act, 1893) may be made as occasion requires for the 1Q16 Act s purpose of carrying out the Act. As the Documentary 25 > P- 81 - Evidence Acts, 1868 and 1882, are made applicable to {{J 1 ^*; s> the Act, an official copy of orders, rules, and regula- tions made under the Act is sufficient prima facie evidence of their terms. The duties which the Act lays upon the Department of the Ministry of Munitions are multifarious. But the MINISTER MAY DELEGATE HIS POWERS 1916 Act, s. 20, p. 83. to any other Government Department, in which event the officers of that Department shall possess the same powers as the Act confers upon the Minister of Muni- tions and his officers. The PURPOSE OF THE ACT as now amended is to protect all interests, and to remove causes of friction, whether between employers and workmen, or between classes of workers. It is perhaps hardly to be expected that either employers or workmen should regard very cordially any legisla- tion which calls upon employers to forego the enhanced profits which the exceptional economic situation might confer upon them, and which suspends for the time being certain long-cherished privileges by which workmen set great store.. But, however difficult 54 EMPLOYERS AND WORKMEN. it may be for the industrial world to grasp legislation which temporarily upsets long-accepted notions of freedom of contract, some form of sacrifice is the lot of all classes in the present exceptional times, and the temporary abandonment of cherished ideals is the form of sacrifice which, in the national interest, the Muni- tions Act requires of the industrial community. If the Act curtails individual liberty of action, as it does, it at any rate treats employers and workmen alike in that respect, and, although the Act creates many novel offences, if all interested will make themselves familiar with the provisions of the Act, and endeavour to live up to the spirit of it, occasion need not very frequently arise for enforcing its penal clauses. It is a common delusion that munitions workers alone have any interest in the Munitions Acts. But in some important matters the ACT BEACHES ALL CLASSES of the community, whether engaged in munitions work or not. " Any person " mav incur the serious 1915 Act, s. 7, penalty which the Act attaches to the offence of fl) ()', p. 77. employing a worker who does not produce a leaving certificate from his or her last employer; or to the 1915 Act, B. offence of tampering with a leaving certificate or per- 12, p. 76. sonating the holder of it ; or to the offence of obstruct- ing an inspector of the Ministry of Munitions in 17 (2), p/75. the discharge of his duty ; or the offence of making 1915 Act, s. false representations for the purpose of evading the Act, or in any proceedings under the Act; or the offence of disclosing information to others which had 116 Act, . ^ )een gi yen OI1 ly f r * ne U8e f the Minister of Muni- 16(2), p. 74. tions; and one of the most serious offences of all attempting to enforce pre-war practices or customs MUNITIONS OF WAR ACTS. 55 tending to restrict production or employment may 1915 Act, e. 4, also be committed by " any person." There is also (3)> P ' { a very sweeping general clause applicable to offences by limited companies, which makes liable to the same i , T i 1916 Act, s. penalty as the company every director, manager, 18 ^ 4)> p ' ?9 secretary, or other officer of the company who was cognisant of the offence. It should be kept in mind also that DEFENCE OF THE REALM OFFENCES may be committed by " any person," and that the regulations define a " munitions offence " as mean- Def. of Realm a 4-' t J J Reg. 56(14). ing an offence in contravention 01 any order made or any directions, regulations, or restrictions given or issued by the Minister of Munitions under these regulations ; or an offence against these regulations in respect of any matter within the scope of the powers and duties for the time being: assigned to the Minister of Munitions." These Defence of the Realm Regulations empower Def. of Realm the Minister of Munitions to take possession of unoccupied premises for "housing munitions workers ; to take possession of war material, food, forage, and stores, and of articles required for or in connection with the production thereof ; to requisition the output Reg. 2 (6). of factories manufacturing arms, ammunition, &c. ; Reg. 7. to prohibit exhibitions prejudicial to the production of war material ; to take the use of a factory or work- Reg. 8. shop or plant; to direct or restrict work in any factory, or to remove plant ; to require Government R eg . g (a), contractors to use registered designs ; to close licensed Reg. 8 (c). premises ; to prohibit or regulate building work ; to Reg. 8 (e). prohibit any persons entering a safeguarded factory Reg. 10. without a permit ; to prohibit dealings in war Reg. 29 (a). 56 EMPLOYERS AND WORKMEN. Reg. 30 (a), material; to prohibit the unauthorised use of naval, Reg. 41. military, or police uniforms, decorations, medals, or badges. Contravention of orders made by the Minister of Munitions in regard to such matters is not prosecuted Reg. 56 (14). for under the Munitions Acts, but as an offence against the Defence of the Realm Regulations. The Minister of Munitions may report any case to the Crown officials, who may direct it to be tried by a Court of summary jurisdiction, or by a civil Court with a jury, or, with consent of the Admiralty or Army Council, by court-martial, but the accused person has an option to demand a civil Court trial. The decision of the Minister of Munitions is conclusive as to whether any offence is a " munitions offence." APPENDIX I. TEXT OF THE MUNITIONS ACTS. CONSECUTIVELY ARRANGED. [Original enactments in black type, amendments in red.] TABLE OF SECTIONS OF THE ACTS. PRINCIPAL ACT, 1915. 1 (1) (2), - 1 (3) (4), - 2 (1) (2), - 3, 4, 4(1) (2), - 4 (3) (4), - 4 (5): 6), - 5(1) (2) (3), 5 (4), - 6(1),- 6 (2), - - 7 (1) (2) (3), 8(1), - 8 (2), 9, 10, 11(1) (2), - 12, 13, - - 14(1), 14 (2), 15(1), 15 (2) (3), - 15 (4), 16, - - 17, - 18, 19, 20(1) (2), - Schedule I., Schedule II., AMENDING ACT, 1916. 63 60 margin >s OS 69 margin 69 70 71 72 72 65 60 82 62 83 73 margin 63 margin 83 80 margin 75 margin 64 74 75 78 79 78 margin 67 margin 83 61 80 67 61 66 81 83 margin 83 NOTE. Enacting sHvti.ms <.f 1916 Act are prinU-il in full. s. merely otnittini; or in-- words are noted on margin. PJUiK SKCTIO.N 59 1, ' 60 2, 61 3(1) (2) (3), 61 4, 62 5(1),- - 63 5 (2), - 64 5 (3), - 65 5 (4) (5) (6), 66 5 (7), - 67 6(1) (2) (3), 67 7, 68 8(1) (2) (3), 69 9(1),- 72 9 (2), - 73 9 (3), - - 74 10, - - 75 11. - - 76 12, - - 76 13, - - 77 14, - - 77 15, - 78 16(1) (2), - 80 17(1) (2) (3), 80 18(1) (2), - 80 18 (3) (4), - 81 18 (5), 83 19, - 84 20, - 84 21, - 22(1), 22 (2), 23, 24, - - 25, - - 26, - - 27, - - APPENDIX I. TEXT OF THE MUNITIONS OF WAR ACT, 1915, AS AMENDED BY THE MUNITIONS OF WAR (AMENDMENT) ACT, 1916. Note. The original 1915 Act is printed in black ; the 1916 amendments in red. An Act to make provision for furthering the efficient manu- A - p - 1! facture, transport, and supply of Munitions for the present war; and for purposes incidental thereto. [2nd July, 1915.] [Amended 27th January, 1916.] T)E it enacted by the King's most Excellent Majesty, by and -*-"* with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: PABT I. 1. (1) If any difference exists or is apprehended between Settlement any employer and persons employed, or between any two or differences, more classes of persons employed, and the difference is one to which this Part of this Act applies, that difference, if not determined by the parties directly concerned or their representatives or under existing agreements, may be re- ported to the Board of Trade, by or on behalf of either party to the difference, and the decision of the Board of Trade as to whether a difference has been so reported to them or not, and as to the time at which a difference has been so reported, shall be conclusive for all purposes. (2) The Board of Trade shall consider any difference so reported and take any steps which seem to them expedient to promote a settlement of the difference, and, in any case 60 MUNITIONS ACTS, 1915-16. in which they think fit, may, and in the case where the difference is a difference between an employer and persons J1916 Act, s. employed which appears to the Board of Trade a bona fide difference, and which the Board have failed to settle by such steps as aforesaid, shall, within twenty -one days : the date of the report refer the matter for settlement either in accordance with the provisions of the First Schedule to this Act or, if in their opinion suitable means for settlement already exist in pursuance of any agreement between em- ployers and persons employed, for settlement in accordance with those means. (3) Where a matter is referred under the last foregoing subsection for settlement otherwise than in accordance with the provisions of the First Schedule to this Act, and the settlement is in the opinion of the Board of Trade unduly delayed, the Board may annul the reference and substitute therefor a reference in accordance with the provisions of the said Schedule. (4) The award on any such settlement shall be binding both on employers and employed and may be retrospective ; and if any employer, or person employed, thereafter acts in contravention of, or fails to comply with, the award, he shall be guilty of an offence under this Act. Estabtiihinent Am. Act 8. (1) The Minister of Munitions may constitute OC SD6C1&1 i-r.t: i: special arbitration tribunals to deal with differences reported t 1 1' UI ll under Part I. of the principal Act which relate to matters on which the Minister of Munitions has given or is empowered to give directions under the last two preceding sections, and the Board of Trade may refer any such difference for settlement to such tribunal in lieu of referring it for settlement in accordance with the First Schedule to the principal A (2) The Minister of Munitions may also refer to a special arbitration tribunal so constituted, for advice, any ques as to what directions are to be given by him under the aaid section*. (3) The tribunal to which matters and questions rel MUNITIONS ACTS, 1915-16. 61 to female workers are to be referred under this section shall include one or more women. Note. The two sections here referred to are section 6 of P. 72. the Amendment Act (relating to female workers) and section 7 (relating to semi-skilled and un- P. 65. skilled workers). Am. Act 23. The Arbitration Act, 1889, shall not apply to Exclusion of any reference to any referee or board of referees under the ^t^lSSf) " principal Act or this Act or the rules made thereunder. 2. (1) An employer shall not declare, cause or take part Prohibition in a lock-out, and a person employed shall not take part in an d strikes a strike, in connexion with any difference to which this Part m certa i n cases. of this Act applies, unless the difference has been reported to the Board of Trade, and twenty-one days have elapsed See Cases, since the date of the report, and the difference has not during * that time been referred by the Board of Trade for settlement in accordance with this Act. (2) If any person acts in contravention of this section, he shall be guilty of an offence under this Act. Am. Act 21. For the purposes of proceedings under section Admissibility two of the principal Act, a certificate of the Board of Trade JJ certificates purporting to be signed by the President or a secretary or bv Board of assistant secretary of the Board of Trade, or by a person authorised for the purpose by the President that a difference to which Part I. of the principal Act applies has or has not been reported to the Board, and, in cases where such a difference has been reported, as to the date on which it was reported, shall be admissible as evidence of the facts therein stated. 3. The differences to which this Part of this Act applies Differences to are differences as to rates of wages, hours of work, or other- a b I- wise as to terms or conditions of or affecting employment on or in connection with munitions work : and also any differ- See Cases, D 223 ences as to rates of wages, hours of work, or otherwise as to terms or conditions of or affecting employment on or in connection with any other work of any description, if this 62 MUNITIONS ACTS, 1915-16. Part of this Act is applied to such a difference by His Majesty by Proclamation on the ground that in the opinion of His Majesty the existence or continuance of the difference is directly or indirectly prejudicial to the manufacture, trans- port, or supply of Munitions of War. Am. Act 9. (2) In section 3 of the principal Act there shall be added after the words " affecting employment on " in both places where those words occur the words "or in connection with," and in the same section the words " the manufacture or repair of arms, ammunition, ships, vehicles, aircraft, or any other articles required for use in war, or of the metals, machines, or tools required for that manufacture or repair in this Act referred to as w shall be repealed. This Part of this Act may be so applied to such a difference at any time, whether a lock-out or strike is in existence in connexion with the difference to which it is applied or not : Provided that if in the case of any industry the Minister of Munitions is satisfied that effective means exist to secure the settlement without stoppage of any difference arising on work other than on munitions work, no proclamation shall be made under this section with respect to any such difference. When this Part of this Act is applied to any difference concerning work other than munitions work the conditions of labour and the remuneration thereof prevailing before the difference arose shall be continued until the said difference is settled in accordance with the provisions of this Part of this Act. PART II. Controlled 4. If the Minister of Munitions considers it expedient for ' tne purpose of the successful prosecution of the war that any establishment in which munitions work is carried on should be subject to the special provisions as to limitation of em- ployers' profits and control of persons employed and other matters contained in this section, he may make an order declaring that establishment to be a controlled estaWi-h ment, and on such order being made the following provisions shall apply thereto: MUNITIONS ACTS, 1915-16. 63 Am. Act 1. The Minister of Munitions may by order declare Power to any establishment or establishments belonging to or under the Government control of His Majesty or any Government Department in which munitions work is carried on to be a controlled estab- establish - lishment or controlled establishments as the case may be, and thereupon the provisions of the Munitions of War Act, 5 & 6 Geo. 5. 1915 (herein-after referred to as "the principal Act"), and this Act relating to controlled establishments shall apply to such an establishment or establishments subject to such modifications and exceptions necessary to adapt those provi- sions to such an establishment or establishments as may be specified in such order. (1) Any excess of the net profits of the controlled estab- See Rules, lishment over the amount divisible under this Act, I as ascertained in accordance with the provisions of this Act, shall be paid into the Exchequer. (2) Any proposal for any change in the rate of wages, salary, or other emoluments of any class of persons employed in the establishment, or of any persons engaged in the management or the direction of the establishment (other than a change for giving effect to any Government conditions as to fair wages or to any agreement between the owner of the establish- ment and the workmen which was made before the twenty-third day of June, nineteen hundred and fifteen), or to any agreement existing before the establishment became a controlled establishment [1916 Act. -. between the owner of the establishment and an 11 ^- employee with regard to any periodical increase of remuneration, shall be submitted to the Minister of Munitions, who may withhold his consent within fourteen days of the date of the submission : Provided that if the Minister of Munitions so directs, or if the Minister's consent is withheld and the persons proposing the change so require, the matter shall be referred for settlement in accordance with the provisions of the First Schedule to this Act, and the consent of the arbitration tribunal, if 64 MUNITIONS ACTS, 1915-16. given, shall in that case have the same effect as the consent of the Minister of Munitions. If the owner of the establishment or any con- tractor or sub-contractor employing labour therein makes any such change, or attempts to make any such change, without submitting the proposal for the change to the Minister of Munitions or when the consent of the Minister has been withheld, he shall be guilty of an offence under this Act. (3) Any rule, practice, or custom not having the force of law which tends to restrict production or employ- See Cattt, ment shall be suspended in the establishment, and if any person induces or attempts to induce any other person (whether any particular person or generally) to comply, or continue to comply, with such a rule, practice, or custom, that person shall be guilty of an offence under this Act. If any question arises whether any rule, practice, or custom is a rule, practice, or custom which tends to restrict production or employment, that ques- tion shall be referred to the Board of Trade, and the Board of Trade shall either determine the ques- tion themselves or, if they think it expedient or either party requires it, refer the question for settlement in accordance with the provisions con- tained in the First Schedule to this Act. The de- cision of the Board of Trade or arbitration tribunal, as the case may be, shall be conclusive for all purposes. (4) The owner of the establishment shall be deemed to have entered into an undertaking to carry nut the provisions set out in the Second Schedule to this Act, and any owner or contractor or eub-contractor who breaks or attempts to break such an under- taking shall be guilty of an offence under this Act. R*tri ti >n Am. Act 15. Where non-union labour ia introduced during fromunwn the war into any class of work in a controlled establishment in tonoD.union which it was the practice prior to the w.: !<>y union MUNITIONS ACTS, 1915-16. 65 labour exclusively the owner of the establishment shall be deemed to have undertaken that such introduction shall only be for the period of the war, and if he breaks or attempts to break such an undertaking he shall be guilty of an offence under the principal Act and liable to a fine not exceeding fifty pounds ; but subject as aforesaid such introduction shall not be deemed to be a change of working conditions. (5) The employer and every person employed in the estab- lishment shall comply with any regulations made applicable to that establishment by the Minister of Munitions with respect to the general ordering of the work in the establishment with a view to attain- see Order, ing and maintaining a proper standard of efficiency p> 147> and with respect to the due observance of the rules of the establishment. Am. Act 7. The Minister of Munitions shall have power by Rates of order to give directions as to the rate of wages, hours of labour or conditions of employment of semi-skilled and unskilled men f d unskilled ... labour in employed in any controlled establishment on munitions work controlled being work of a class which, prior to the war, was customarily merits undertaken by skilled labour, or as to the time rates for the manufacture of complete shell and fuses and cartridge cases See Order, in any controlled establishment in which such manufacture p< was not customary prior to the war; and any direction so given shall be binding on the owner of the establishment, and any contractor or sub-contractor employing labour therein, and the workers to whom the directions relate, and any contravention thereof or non-compliance therewith shall be punishable, in like manner as if the order in which the direction is contained was an award made in settlement of a difference under Part I. of the principal Act. If the employer or any person so employed acts in contravention of or fails to comply with any such regulation, that employer or person shall be guilty of an offence under this Act. (6) The owners of an establishment shall have power, notwithstanding anything in any Act, Order, or 66 MUNITIONS ACTS, 1915-16. Effect erf I *Vi H ;ttl"l' of orders. Supplemen- tary provi- sions as to the limita- tion of the profits of a controlled establish- in. 'lit. *r Rule*, pp. !*0-91. deed under which they are governed, to do all things necessary for compliance with any provisions of this section, and any owner of an establishment shall comply with any reasonable requirement* of the Minister of Munitions as to information or otherwise made for the purposes of this section, and, if he fails to do so, shall be guilty of an offence under this Act. Where in any establishment munitions work is carried on in some part of the establishment but not in other parts, the Minister of Munitions may, if he considers that it is practicable to do so, treat any part of the establishment in which munitions work is not carried on as a separate estab- lishment, and the provisions of this Act shall take effect accordingly. Am. Act 24. Where the Minister of Munitions makes an order revoking any order previously made by him under section four of the principal Act, the order so revoked shall, if that order has not been in operation for more than three months and was made under a misapprehension and the revoking order so directs, be treated for all or any of the purposes thereof as if it had never had effect. 5. (1) The net profits of a controlled establishment shall be ascertained in accordance with the provisions of this section and rules made thereunder and the amount of profits divisible under this Act shall be taken to be an amount ex- ceeding by one-fifth the standard amount of profits. (2) The standard amount of profits for any period shall be taken to be the average of the amount of the net profits for the two financial years of the establishment completed next before the outbreak of the war or a proportionate part thereof. (3) If in any case it appears or is represented to the Minister of Munitions that the net profits or losses of all or any other establishments belonging to the same owner should be brought into account, or that the average under this MUNITIONS ACTS, 1915-16. 67 section affords or may afford an unfair standard of compari- son or affords no standard of comparison, or that no such i^ 16 Act - average exists, the Minister may, if he thinks just, allow or require those net profits or losses to be brought into account, or substitute for the average such an amount as the standard amount of profits as may be agreed upon with the owner of the establishment. The Minister of Munitions may, if he thinks fit, and shall, if the owner of the establishment so requires, refer the matter to be determined by a referee or board of referees appointed or designated by him for the purpose, and the decision of the referee or board shall be conclusive on the matter for all purposes. Am. Act 22. (2) Where a referee or board of referees to whom a matter has, under subsection (3) of section five of the principal Act, been referred by the Minister of Munitions on the requirement of the owner of an establishment, considers that the requirement was unreasonable, the referee or board of referees may order that any costs payable by the owner of the establishment shall be paid out of the amount of profits divisible under the principal Act. (4) The Minister of Munitions may make rules for carrying Sec Rules, the provisions of this section into effect, and these rules shall r provide for due consideration being given in carrying out the provisions of this section as respects any establishment to any special circumstances such as increase of output, pro- vision of new machinery or plant, alteration of capital or other matters which require special consideration in relation to the particular establishment. 6. (1) If any workman in accordance with arrangements Voluntary made by the Minister of Munitions with or on behalf of trade " " ^rk for unions enters into an undertaking with the Minister of Minister of . . Munitions. Munitions that he will work at any controlled establishment to which he may be assigned by the Minister, and be subject See Cases, to the penalty imposed by this Act if he acts in contravention of or fails to comply with the undertaking, that workman shall if he acts in contravention of or fails to comply with his undertaking be guilty of an offence under this Act. 68 MUNITIONS ACTS, 1915-16. s>. OHM, P. na MMMI '<> qgkpn .11 ML. tl 11 with i on workers to (2) If any employer dissuades or attempts to dissuade a workman in his employment from entering into an under- taking under this section, or retains or offers to retain in his employment any workman who has entered into such an undertaking after he has received notice from the Minister of Munitions that the workman is to work at some other establishment, that employer shall be guilty of an offence under this Act. Am. Act 8. (1) Where a workman has entered into an undertaking with the Minister of Munitions under section six of the principal Act, and was at the time of entering into that undertaking in the employment of any employer, then if that employer within the period of six weeks from the date of the undertaking dismisses that workman from his em- ployment he shall be guilty of an offence under the principal Act, and shall be liable to a fine not exceeding five pounds unless he proves that there was reasonable cause for dis- missing the workman. (2) It is hereby declared that where the fulfilment by any workman of any contract is interfered with by the necessity on his part of complying with an undertaking entered into by him under section six of the principal Act that necessity ia a good defence to any action or proceedings taken against that workman in respect of the non-fulfilment of the contract so far as it is due to the interference, and he shall be entitled to enter into such an undertaking notwithstanding the ex- istence of such a contract. (3) Section six of the principal Act shall apply to a u<>rk man who had before the passing of the principal Act entered into an undertaking of the nature mentioned in that section in like manner as if the undertaking had been entered into in pursuance of that section. 4. Where a person who has been temporarily released from naval or military service for the purpose of employment on or in connection with munitions work, or a workman "ho has entered into an undertaking with the Minister of Munitions under section six of the principal Act or to whom MUNITIONS ACTS, 1915-16. 69 that section is applied by this Act has been assigned to any employer, and that employer has entered into an undertaking with the Minister of Munitions as to the class or description of work on or in connection with which the person or work- man so assigned to him is to be employed, then if the em- ployer acts in contravention of or fails to comply with any of the provisions of the undertaking he shall be guilty of an offence under the principal Act, and liable to a fine not ex- ceeding five pounds. 7. (1) A person shall not give employment to a work- Prohibition of man, who has within the last previous six weeks, or such ment'oFper- other period as may be provided by Order of the Minister of ^ons who have Munitions as respects any class of establishment, been em- munition ployed on or in connexion with munitions work in any estab- lishment of a class to which the provisions of this section See Orders, 1 77 are applied by Order of the Minister of Munitions, unless * he holds a certificate from the employer by whom he was last so employed or from a munitions tribunal that he is free [1916 Act. s. 5 to accept other employment. (2) If any workman or his trade union representative com- plains to a munitions tribunal in accordance with rules made -with respect to those tribunals that an employer has un- reasonably refused or neglected to issue such a certificate as See Caset, aforesaid that tribunal may, after examining into the case, if ' it thinks fit, itself issue such a certificate or order the issue [1916 Act, s. 5 of such a certificate by the employer. Note. The alternative power to order the employer to grant a certificate is new. (3) If any person gives employment in contravention of the provisions of this section, he shall be guilty of an offence under this Act. Am, Act 5. (2) Where a workman employed on or in con- nection with munitions work in any establishment of a class to which the provisions of section seven of the principal Act are for the time being applied by an order made thereunder is dismissed or discharged by his employer, the employer shall forthwith 70 MUNITIONS ACTS, 1915-16. give him such a certificate as aforesaid, and if he fails to do so, a munitions tribunal may, in addition to issuing or ordering the issue to him of such a certificate, order the pay- ment to him by the employer of such sum, not exceeding five pounds, as the tribunal may think fit, unless the tribunal Set Ctutt, is of opinion that the workman was guilty of misconduct f ti- the purpose of obtaining dismissal or discharge. This subsection shall apply to a workman who applies for a certificate on the ground that he has for a period of more Set Oattt. than two days been given no opportunity of earning wages, or who leaves his employment on account of conduct on the part of the employer, or any agent of the employer, which would justify the immediate termination by the workman of his contract of service, in like manner as if he had been dis- missed or discharged by his employer. (3) Where a contract of service with a workman emj on or in connection with munitions work in any establish- ment of a class to which the provisions of section seven of the principal Act are for the time being applied by an order made thereunder is terminated by dismissal, and less than one week's notice, or wages in lieu of notice, has or have been given, the employer shall, subject to the provisions of this subsection, within twenty-four hours of giving notice of dismissal to the workman report the matter in such manner as may be prescribed by rules made by the Minister of Munitions, and such rules shall provide for the determination by a Munitions tribunal (in case of difference) of the amount, if any, and not in any case exceeding five pounds, which is to be paid by the employer to the workman in lieu of notice. and for the payment of the sum so determined to the work- man, unless the tribunal is of opinion that owing to discontinuous or temporary nature of the employment or misconduct of the workman the employer hml i cause for dismissing the workman without a week's notice : Provided that nothing in this subsection shall apply to workmen engaged in ship repairing, or to any class of work- men exempted in the prescribed manner on the ground that MUNITIONS ACTS, 1915-16. 71 the circumstances of their employment were such that the provisions of this subsection ought not to apply to them. (4) The provisions of section seven of the principal Act which prohibit the giving of employment to workmen in the circumstances mentioned in that section shall not apply so as to prevent the giving of employment to a workman in a con- trolled establishment to which he has been assigned by the Minister of Munitions in pursuance of section six of the principal Act. (5) In determining whether the grant of a certificate has been unreasonably refused for the purposes of section seven of the principal Act as amended by this section, a munitions tribunal shall take into consideration the question whether the workman has left or desires to leave his work for the purpose of undertaking any class of work in which his skill or other personal qualifications could be employed with greater advantage to the national interests, and whether the employer has failed to observe the conditions laid down in the fair wages clauses required by resolution of the House of Commons to be inserted in Government contracts, and whether the workman has left or desires to leave his work because he has recently completed a term of apprenticeship See Case.% or period of learning his trade or occupation and desires to p ' obtain the full standard rate of wages applicable to fully qualified workmen in his trade or occupation. (6) The Minister of Munitions may make rules for carrying section seven of the principal Act as amended by this section p- 101 into effect, and in particular may by such rules provide (a) for the issue, form, custody, duration, delivery up, and replacement in case of loss or destruction, of cer tificates ; (ft) for the issue of certificates to persons not engaged on or in connection with munitions work ; (c) for prohibiting the insertion in a certificate issued by an employer of any matter other than the pre- scribed particulars ; 72 MUNITIONS ACTS, 1915-16. Rates of wages of women employed on munitions work. See Orders, pp. 162-166. Rules as to badpt See Appendix VII., p. 171. and may provide for any breach of such rules being punish- able as an offence under the principal Act with a fine not exceeding five pounds. (7) This section shall not come into operation until such date as may be fixed by the rules made thereunder. Am. Act 6. (1) Where female workers are employed on or in connection with munitions work in any establishment of a class to which the provisions of section seven of the principal Act as amended by this Act are for the time being applied by an order made thereunder, the Minister of Munitions shall have power by order to give directions as to the rate of wages, or (subject, so far as the matter is one which is dealt with by the Factory and Workshops Acts, 1901 to 1911, to the concurrence of the Secretary of State) as to hours of labour, or conditions of employment of the female workers so employed. (2) Any directions given by the Minister of Munitions under this section shall be binding on the owner of the estab- lishment and any contractor or sub -contractor employing labour therein and the female workers to whom the directions relate, and any contravention thereof or non-compliance therewith shall be punishable, in like manner as if the order in which the direction is contained was an awnnl made in settlement of a difference under Part I. of the principal Act. (3) No direction given under this section shall -be deemed to relieve the occupier of any factory or workshop from tin- obligation to comply with the provisions of the Factory and Workshops Acte, 1901 to 1911, or of any orders or regula- tions made thereunder, or to affect the liability of any person to be proceeded against for an offence under the Km|>Ivi-i .n- a-t pp. 109-144. 1916 Act. s. 18(6). Am. Act 18. (1) All offences which are by or under this Act made offences under the principal Act. other than those for which the maximum fine exceeds five pounds, shall be deemed to be offences with which munitions tribunals of the second class have jurisdiction to deal. The Admiralty shall be substituted for the Minister of Munitions under this provision as the authority to appoint and choose members of a munitions tribunal to deal with offences by persons employed in any docks declared to be controlled establishments by the Admiralty. (2) The Minister of Munitions or the Admiralty shall con- stitute munitions tribunals as and when occasion requires. (3) Rules may be made for regulating the munitions tribunals or either class of munitions tribunals so far as relates to offences and the enforcement of orders under this Act by a Secretary of State, and so far as relates to any other matters which are referred to them under this Act by the Minister of Munitions, and rules made by the Secretary of State may apply, with the necessary modifications, any of the provisions of the Summary Jurisdiction Acts or any provisions applicable to a court of summary jurisdiction, which it appears expedient to apply, and any provisions so applied shall apply to munitions tribunals accordingly. Note. The words in red were added by section 18 (5) of Amendment Act. In the application of this provision to Scotland the Secre- tary for Scotland shall be substituted for the Secretary of State, and in the application of this provision to Ireland the Lord Lieutenant shall be substituted for the Secretary of State. Am. Act 18. (2) Rule* under section fifteen of the jinn cipal Act shall provide (a) that in proceedings before a munitions tribunal the chairman shall, before giving his decision, consult with the MMMors, and in all cases where the MUNITIONS ACTS, 1915-16. 79 assessors are agreed he shall, except as respects questions which appear to the chairman to be ques- tions of law, give effect to their opinion in his decision ; (&) that where the person or persons by or on behalf of whom or against whom the complaint is made in any proceedings before a munitions tribunal is or are a female worker, or two or more female workers, the assessor or one of the assessors chosen from the panel of persons representing workmen shall be a woman. (3) Decisions of munitions tribunals shall be subject to appeal to such judge of the High Court as may be appointed by the Lord Chancellor for the purpose on any ground which involves a question of law or a question of mixed law and fact, or on any other ground that may be prescribed in rules made by the Lord Chancellor, in such cases and subject to such conditions and in such manner, as may be specified in such rules, and whether by means of the statement of a See Rules, . . , . . . , . , pp. 118-136. special case for the opinion or the judge or otherwise; and those rules may provide for such appeals in any classes of cases specified therein being heard and determined in a sum- mary manner and for the firing, remission, or reduction of any fees and scales of costs, and as to the manner in which effect is to be given to the decision of the judge, and the decision of the judge on any such appeal shall be final and binding on all munitions tribunals. In tlie application of this provision to Scotland " High Court" shall mean Court of Session, " Lord Chancellor" shall mean Lord President of the Court of Session, "rules made by the Lord Chancellor " shall mean Act of Sederunt. In the application of this provision to Ireland " Lord Chancellor " shall mean the Lord Chancellor of Ireland. (4) In the case of a company being guilty of an offence under the principal Act, every director, manager, secretary, or other officer of the company, who is knowingly a party to the contravention or non-compliance constituting the 80 MUNITIONS ACTS, 1915-16. [1916 Act, s. 13]. offence shall also be guilty of the offence and liable t the like fine as the company. (4) A person employed or workman shall not be imprisoned in respect of the non-payment of a fine imposed by a muni- tions tribunal for an offence within the jurisdiction of a tribunal, but that tribunal may, without prejudice to any other available means of recovery, make an order requiring such deductions to be made on account of the fine from the wages of the person employed or workman as the tribunal think fit, and requiring the person by whom the wages are paid to account for any sums deducted in accordance \\ith the order. Costa in vexatious proceedings. Am. Act 22. (1) Where a munitions tribunal dismisses any case under the principal Act or this Act, and it appears to the tribunal that the proceedings were vexatious or frivolous, the tribunal shall, unless it sees good cause to the contrary, award costs to the person against whom the complaint is made, and the costs so awarded shall, unless good cause to the contrary appears, include such sum as compensation for the expenses, trouble, and loss of time incurred in or incidental t<> tht attendance of the person against whom the complaint is made before the tribunal as to the tribunal may seem just and reasonable. Power for companies to carry on munitions work. 16. Any company, association, or body of persons shall have power, notwithstanding anything contained in any Act, order, or instrument by or under which it is constituted or regulated, to carry on munitions work during the present war. Rules to be laid liefore Parliament. 17. Any rule made under this Act shall be laid before each House of Parliament forthwith, and, if an Address is pre- sented to His Majesty by either House of Parliament within the next subsequent twenty-one days on which that House has sat next after any such rule is laid before it praying that the rule may be annulled, His Majesty in Council may annul the rule and it shall thenceforth be void, but without MUNITIONS ACTS, 1915-16. 81 prejudice to the validity of anything previously done there- under. Am. Act 25. Rules and regulations made under the prin- Provision as cipal Act as amended by this Act shall not be deemed to be statutory rules within the meaning of section one of the Rules Publication Act, 1893. 18. The Documentary Evidence Act, 1868, as amended Application of by the Documentary Evidence Act, 1882, shall apply to the Evidence Acts Minister of Munitions in like manner as if that Minister were mentioned in the first column of the Schedule to the 31 & 32 Viet. r\rj first-mentioned Act, and as if that Minister, or a secretary 454 46 Viet. in the Ministry or any person authorised by the Minister to c< ** act on his behalf, were mentioned in the second column of that Schedule, and as if the regulations referred to in those Acts included any document issued by the Minister. 19. In this Act, unless the context otherwise requires Interpreta- tion. (a) The expression " lock-out " means the closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a dispute, done with a view to compelling those persons, or to aid another em- ployer in compelling persons employed by him, to accept terms or conditions of or affecting employ- ment; (6) The expression " strike" means the cessation of work by a body of persons employed acting in combina- tion, or a concerted refusal or a refusal under a common understanding of any number of persons employed to continue to work for an employer in consequence of a dispute, done as a means of com- pelling their employer or any person or body of persons employed, or to aid other workmen in compelling their employer or any person or body of persons employed, to accept or not to accept terms or conditions of or affecting employment. 82 MUNITIONS ACTS, 1915-16. Am - Act 8 - < J ) Tn * expression "munitions work" for the purposes of the principal Act and this Act means (a) the manufacture or repair of arms, ammunition, ships, vessels, vehicles, and aircraft, and any other articles or parts of articles (whether of a similar nature to the aforesaid or not) intended or adapted See duet, for use in war, and of any other ships or vessels, or P. 219. ... i . v classes of ships or Teasels, or parts of ships or vessels, which may be certified by the Board of Trade to be necessary for the successful prosecution of the war, and of any metals, machines, or tools re- quired for any such manufacture or repair, and of the materials, of any class specified in an order made for the purpose by the Minister of Munitions, required for, or for use in, any such manufacture or repair as aforesaid ; and (6) the construction, alteration or repair of works of con- struction and buildings for naval or military pur- poses, and of buildings in which munitions work is or is intended to be carried on, and the erection of machinery and plant therein, and the erection of houses for the accommodation of persons engaged or about to be engaged on munitions work ; and (c) the construction, alteration, repair, or maintenance of docks and harbours and work in estuaries in eases where such construction, alteration, repair, main- tenance or work is certified by the Admiralty to be necessary for the successful prosecution of the war ; and (d) the supply of light, heat, water, or power or the supply of tramways facilities in cases where the Minister of Munitions certifies that such supply is of importance for the purpose of carrying on muni- tion* work, and the erection of buildings, machinery, and plant required for such supply ; and () the repair of fire engines and any other fire brigade appliances in cases where the Minister of Munitions certifies that such repair is necessary in the national interest. See p. 82 for MC. ! (vJ). MUNITIONS ACTS, 1915-16. 83 (3) This section shall not come into operation until the time fixed by rules made under section five of this Act as the date for the commencement of that section. Am. Act 12. For removing doubts it is hereby declared that Explanation the expressions " workman " and " workmen," wherever they ii workman." occur in the principal Act and this Act, include not only persons whose usual occupation consists in manual labour, but also foremen, clerks, typists, draughtsmen, and other persons whose usual occupation consists wholly or mainly in work other than manual labour. 20. (1) This Act may be cited as the Munitions of War Short title ,_.,_ and duration. Act, 1915. (2) This Act shall have effect only so long as the office of Minister of Munitions and the Ministry of Munitions exist : Provided that* this Act shall continue to apply for a period of twelve months after the conclusion of the present war to any difference arising in relation to the performance by the owner of any establishment of his undertaking to carry out the provisions set out in the Second Schedule to this Act notwithstanding that the office of Minister of Munitions and the Ministry of Munitions have ceased to exist. Am. Act 20. The Minister of Munitions may make arrange- Arrangements mente with any other Government department for the ex- departments, ercise and performance by that department of any of his powers and duties under the principal Act or this Act which appear to him to be such as could be more conveniently so exercised and performed, and in such case the department and the officers of the department shall have the same powers and duties for the purpose as are by the principal Act and this Act conferred on the Minister of Munitions and his officers. Am. Act 27. This Act may be cited as the Munitions of Short title. War (Amendment) Act, 1916, and shall be construed aa one with the principal Act, and the principal Act and this Act may be cited together as the Munitions of War Acts, 1915 and 1916. * The original sec. 20 read " Part I. of this Act." Sec. 26 of 1916 Act repealed the words " Part I. of." 84 MUNITIONS ACTS, 1915-16. Sections 1, 4. SCHEDULE I. 1. Any difference, matter or question to be referred for settlement in accordance with the provisions of this Schedule shall be referred to one of the three following arbitration tribunals : (a) The Committee appointed by the first Lord of the Treasury known as the Committee on Production ; or (6) A single arbitrator to be agreed upon by the parties or in default of agreement appointed by the Board of Trade; or (c) A. court of arbitration consisting of an equal number of persons representing employers and persons representing workmen with a chairman appointed by the Board of Trade. 2. The tribunal to which the reference is made shall be determined by agreement between the parties to the differ- ence or in default of such agreement by the Board of Trade. 3. The Arbitration Act, 1889, shall not apply to any refer- ence under the provisions of this Schedule. Note. -The Minister of Munitions may establish a special Arbitration Tribunal where the difference relates to wages, &c., of female workers, or of semi- skilled or unskilled workers. [See clause 6 (p. 72) of Amendment Act, clause 7 (p. 65), and clause 8 (P. 60).] Set-turns 4 (4), 20. SCHEDULE II. 1. Any departure during the war from the practice ruling in the workshops, shipyards, and other industries prior to the war, shall only be for the period of the war. 2. No change in practice made during the war shall l>o allowed to prejudice the position of the workmen in the owners' employment, or of their trade unions in regard to the resuinptii n and maintenance after the war of any rules or customs existing prior to the war. SCHEDULES. 85 3. In any readjustment of staff which may have to be effected after the war priority of employment will be given to workmen in the owners' employment at the beginning of the war who have been serving with the colours or who were in the owners' employment when the establishment became a controlled establishment. 4. Where the custom of a shop is changed during the war by the introduction of semi-skilled men to perform work hitherto performed by a class of workmen of higher skill, the time and piece rates paid shall be the usual rates of the district for that class of work. 5. The relaxation of existing demarcation restrictions or admissions of semi-skilled or female labour shall not affect adversely the rates customarily paid for the job. In cases where men who ordinarily do the work are adversely affected thereby, the necessary readjustments shall be made so that they can maintain their previous earnings. 6. A record of the nature of the departure from the con- ditions prevailing when the establishment became a con- trolled establishment shall be kept, and shall be open for inspection by the authorised representative of the Govern- ment. 7. Due notice shall be given to the workmen concerned weherever practicable of any changes of working conditions which it is desired to introduce as the result of the estab- lishment becoming a controlled establishment, and oppor- tunity for local consultation with workmen or their repre- sentatives shall be given if desired. 8. All differences with workmen engaged on Government work arising out of changes so introduced or with regard to wages or conditions of employment arising out of the war shall be settled in accordance with this Act without stoppage of work. 9. Nothing in this Schedule (except as provided by the third paragraph thereof) shall prejudice the position of em- ployers or persons employed after the war. APPENDIX II. CONTROLLED ESTABLISHMENTS. EXCESS PROFITS RULES. APPENDIX II. RULES MADE BY THE MINISTER OF MUNITIONS IN Order No. 549, PURSUANCE OF SECTION 5 (4) OF THE MUNI- TIONS OF WAR ACT, 1915, WITH RESPECT TO THE LIMITATION OF PROFITS OF A CONTROLLED ESTABLISHMENT. The Minister of Munitions in pursuance of Section 2 of the Rules Publication Act, 1893, hereby certifies that on account of urgency it is desirable that the following Rules should come into immediate operation, and he therefore in pursuance of the above Section and Section 5, sub-section 4, of the Munitions of War Act, 1915, hereby makes the following Rules, to come into operation forthwith as Provisional Rules: 1. These Rules may be cited as "The Munitions (Limita- of Profits) Rules, 1915." 2. In these Rules, unless the context otherwise requires : " The Act" means the Munitions of War Act, 1915. " The Minister" means the Minister of Munitions for the time being. " Controlled Establishment " means an establishment or part of an establishrnent in respect of which an order has been made by the Minister pursuant to Section 4 of the Act. " Controlled Owner " means the company, firm or person by whom a controlled establishment is for the time being owned or managed. " Period of Assessment " means any period within the period of control for which profits are to be ascer- tained for the purposes of the Act. 90 CONTROLLED ESTABLISHMENTS. " Period of Control " means the period commencing with the date specified by the Minister upon making an order under Section 4 of the Act declaring an estab- lishment to be a controlled establishment, and ending on the date when such establishment ceases to be con- trolled under the Act. " Standard Period " means the two financial years of a controlled establishment completed next before the 4th August, 1914. " Standard Amount of Profits " means the average of the amount of the net profits of a controlled establishment for the standard period ascertained or determined in accordance with the Act and these Rules, or a pro- portionate part thereof. " The Referee " means the Referee or the Board of Referees referred to in Section 5 (3) of the Act. " Audited " means audited by a chartered or incorporated accountant or by an accountant approved in any par- ticular case by the Board of Trade. 3. The Interpretation Act 1889 shall apply for the purpose of the interpretation of these Rules as it applies for the purpose of the interpretation of an Act of Parliament. Net Profits of a Controlled Establishment. 4. For the purposes of these Rules net profits of a controlled establishment shall be deemed to be profits which would have accrued to the controlled owner in respect of work done in such establishment if such profits had been arrived at before bringing into account any sums in respect of income tax or interest or (except so far as the Minister may otherwise allow, or as may be necessary in any case where net profits or losses of any other establishment belonging to the con- trolled owner are brought into account for the purpose of the Act or these Rules) in respect of assets not employed in the controlled establishment, and (subject as aforesaid) after EXCESS PROFITS RULES. 91 allowing proper selling, office, or other expenses, or appor- tionments thereof. Standard Amount of Profits. 5. Within six weeks of being requested by the Minister eo to do the controlled owner shall deliver to the Minister such audited accounts and particulars in respect of the con- trolled establishment and of any other establishment belong- ing or partly belonging to the controlled owner as the Minister may require. 6. As soon as may be after the receipt by the Minister of the accounts and particulars referred to in Rule 5, or where any controlled owner has failed to supply the Minister with the same or any of them within the time appointed, then as soon as may be thereafter the Minister shall deliver to the controlled owner notice of the amount at which the Minister is prepared to agree the standard amount of profits, and unless within fourteen days thereafter the controlled owner shall serve upon the Minister notice of objection, the said amount shall be deemed to have been agreed and to be the standard amount of profits. If objection shall be so served and the Minister and the controlled owner are unable to settle the standard amount of profits by agreement, the matter shall be remitted by the Minister to the Referee for determination. The amount which the Referee shall thereupon determine shall be deemed to be the standard amount of profits, whether the amount so determined be greater or less than the amount which the Minister was prepared to agree ae aforesaid. Net Profits for a Period of Assessment. 7. (i) The accounts in respect of a controlled establishment for any financial year or period which includes a period of assessment shall, unless the Minister otherwise allows or requires, be made up to dates corresponding to those to which, and on the same basis as nearly as may be, as the 92 CONTROLLED ESTABLISHMENTS. accounts in respect of that establishment for the standard period were made up. (ii) Where any such financial year or period is greater than the period of assessment, the net profits for the period of assessment shall, unless the Minister otherwise allows or requires, for the purposes of these Rules, be taken to be the game proportion of the net profits for the financial year or period as the period of assessment is of the financial year or period. (iii) Except so far as the Minister shall otherwise expressly declare in any particular case, no period of assessment shall be of greater length than one year, and if and whenever the Minister shall consider it necessary so to do he shall fix the dates at which any period of assessment shall be deemed to commence and terminate. 8. Within three calendar months of the expiration of any financial year or period covering a period of assessments the controlled owner shall deliver to the Minister : (a) Audited accounts and particulars for that financial year or period similar to those relating to the standard year or period required under Rule 5; (6) A statement setting out the adjustments (if any) which he claims should be made in the accounts so delivered in respect of any matter to which due consideration may be given under Rule 9, and whether he requests any addition to the standard amount of profits under Rule 10; (c) A declaration (which if so required by the Minister shall be a statutory declaration) made by the con- trolled owner and hie auditor (or in the case of the controlled owner being an incorporated company, by the chairman or managing director or the respon- sible officer and the auditor of the company), declar- ing that the accounts are prepared strictly in accord- ance with Rule 7, except so far as is otherwise expressly therein declared, and that neither the con- EXCESS PROFITS RULES. 93 trolled owner nor such officer has been party or privy to any transaction which might operate to prejudice the Exchequer in respect of excess profits under the Act. 9. In determining the net profits for any period of assess- ment, due consideration shall be given to, and any appro- priate adjustments may be made in respect of all or any of the following matters, that is to say : (a) Exceptional wear and tear of plant, buildings, and machinery ; (6) Capital expenditure specially incurred for the purpose of munitions work; (c) The probable value to the controlled owner at the end of the period of control of any plant, buildings or machinery erected or installed, or other expenditure incurred for munitions work, since the 4th August, 19H; (d) Special provisions or terms of any contracts entered into between the Government and the controlled owner ; (e) Any exceptional services rendered by the controlled owner in connection with the controlled establishment ; (/) Any increase in salaries or other emoluments of any persons engaged in the management or direction of the controlled establishment made since the end of the standard period, or any steps taken since the end of that period which might operate to decrease net profits; (16< comply with such order, the employer shall forfeit for each day of such failure or neglect any sum not exceeding one pound, and such sum may be recovered by civil diligence in like manner as a fine. (viii) Where a Munitions Tribunal dismisses the complaint Order No. 718, . , , ., , ,, , . ,. , s. 46, 2nd Oct., on the ground that the workman is free to accept 1916. other employment without holding a certificate because he was not employed in an establishment to which the provisions of section 7 of the Muni- tions of War Act, 1915, were for the time being applied by an order made thereunder, the Tribunal shall enter on its register of complaints the ground on which the complaint was dis- missed, the names of the parties, the description and situation of the place of employment and the date on which the workman left or was dis- charged or dismissed from the employment; and may, at the request of the person by or on behalf of whom the complaint was made, issue to such person a copy of such entry certified under the hand of the Clerk to the Tribunal. 134 MUNITIONS TRIBUNALS RULES. 13. No caee shall be heard, tried or adjudged by a Muni- tions Tribunal except in open Court. 14. A Munitions Tribunal may from time to time adjourn the hearing of any case pending before it, but where a hearing is so adjourned notice of the time and place of this adjourned hearing shall, unless communicated to the parties at the time of the adjournment, be sent to the parties so as to reach them in the ordinary course of post not less than 24 hours before the adjourned hearing. 15. The Chairman, before giving his decision, shall con- sult with the assessors, and in all cases where the assessors are agreed he shall, except as respects questions which appear to the Chairman to be questions of law, give effect to their opinion in his decision. 72 16. Proceedings before a Munitions Tribunal in respect ' s. 7 of any complaint may be conducted by the party by whom 16th . an., an( j ^ e p ar t v j n reS pect of whom such complaint is made, or by any persons duly authorised by such parties, provided that no party to any proceedings before a Local Munitions Tribunal may be represented by counsel or by a solicitor. 17. Subject to the provisions of paragraph (iv) of Rule 12, the question of expenses shall be in the absolute discretion of the Chairman, who may order the same to be paid by any party or parties to the proceedings in such manner as he shall direct, and may either assess the amount thereof him- self or may refer the same for assessment to any other person appointed by the Minister of Munitions for the pur- pose. Provided that where a Munitions Tribunal dismisses any case and it appears to the Tribunal that the proceedings were vexatious or frivolous, the Tribunal shall, unless it sees good cause to the contrary, award expenses to the person against whom the complaint is made, and the expenses o awarded shall, unless the Tribunal sees good cause to the contrary, include such sum for the expenses, trouble and loss of time incurred in or incidental to the attendance of the person against whom the complaint is made before SCOTLAND. 135 the Tribunal as to the Tribunal may seem just and reason- able. 18. An order for expenses may be enforced by a Munitions Tribunal in the same manner as a fine. 19. A notice required or authorised under these Rules to be served may be forwarded by registered post addressed to the person on whom it is to be served at his last known place of abode or at any place where he carries on business, and if so forwarded shall be deemed to have been duly served. 20. The Minister of Munitions shall appoint for each Tribunal a clerk. 21. All fines imposed by a Munitions Tribunal shall be paid to the clerk of the Tribunal who shall, through the Minister of Munitions, pay into the Exchequer all fines received by him. 22. The Chairman of a Munitions Tribunal shall keep a note of the evidence given in proceedings before the Tribunal . i 23. Every Munitions Tribunal shall keep a register of complaints made to, and proceedings taken by the Tribunal under the Act, and shall furnish the Minister of Munitions with duplicates thereof when required by him to do so. 24. Subject as aforesaid, the procedure of a Munitions Tribunal and the forms to be used for the purposes of pro- ceedings before a Munitions Tribunal, shall be such as the Secretary for Scotland or the Minister of Munitions may determine. 25. The Interpretation Act, 1889, shall apply for the pur- pose of the interpretation of these Rules as it applies to the interpretation of an Act of Parliament. 26. The Munitions Tribunals (Scotland) Rules, 1915, are hereby revoked, but nothing in this revocation shall affect the validity of any order or complaint made or process 136 APPEAL TRIBUNAL RULES. issued under the Rules so revoked, but every such order, complaint or process shall have effect as if made or issued under these Rules. 27. These Rules may be cited as the Munitions Tribunals (Scotland) Rules, 1916, and shall come into force as from the twenty-eighth day of February, 1916. APPEAL RULES SCOTLAND. Interpretation of Rules. 179 1. These Rules may be cited as the Munitions Tribunals ^PP* 81 ) (Soo^d) Rules, 1916. 1916 2. The expression " the Acts" shall mean the Munitions of War Acts, 1915 and 1916. The expression " the Judge" shall mean the Judge of the Court of Session appointed by the Lord President for the purpose of hearing appeals from Munitions Tribunals. Right of Appeal. 3. (i) Any person aggrieved by any decision of a Muni- tions Tribunal may appeal to the Judge against that decision : (a) on any ground of appeal which involves a question of law alone; or (6) with the leave of the Judge or with the written permission of the Chairman of the Munitions Tribunal (in these Rules referred to as the Chair- man) on any ground which involves a question of mixed law and fact. (ii) The Chairman may, after pronouncing the decision of the Tribunal, of his own accord or at the request of either party to the proceeding, in any case in which he considers it desirable so to do, reserve a case upon nny question of law, or any question of mixed law and fact, which shall have arisen in the course of the proceeding, for the consideration of the Judge. SCOTLAND. 137 Appeals Officer. 4. There shall be an Appeals Officer of Munitions Tribunals (in these Rules referred to as the Appeals Officer) who shall be appointed by the Lord President. Notices of Appeal. 5. (i) Every person who desires to appeal or to obtain the leave of the Judge to appeal against any decision of a Munitions Tribunal shall give notice in writing to the Clerk thereof and shall send notice of appeal, or notice of applica- tion for leave to appeal, to the Appeals Officer, within seven days of the date of the decision : Provided that the Judge may, in his discretion, grant an extension of time within which such notice shall be given. (ii) (a) Every notice of appeal or notice of application for leave to appeal may be written, type-written, or printed, and shall contain a statement of (1) the names and addresses of both parties to the pro- ceedings before the Munitions Tribunal; and (2) the place where the Tribunal sat; and (3) the name of the Chairman; and (4) the date of the decision; and (5) the substance of the decision ; and (6) the question or questions of law, or of mixed law and fact, which are the grounds of the appeal ; and (7) the material facts of the case. (6) In every case where the Chairman has given his. written permission to appeal, the written permission shall be attached by the appellant to his notice of appeal. (iii) (a) Every notice of appeal, or notice of application for leave to appeal, shall be signed by the appellant himself, except under the provisions of paragraphs (c) and (d) of this Rule. All notices or other documents required or authorised to be given, for the purposes of these Rules, to the Judge, shall be L 138 APPEAL TRIBUNAL RULES. addressed to " The Appeals Officer of Munitions Tribunals, Parliament House, Edinburgh." (6) Where an appellant is unable to write, he may affix his mark to any notice in the presence of a witness, who shall attest the same, and thereupon such notice shall be deemed to be duly signed by such appellant. (c) In the case of a body corporate, where by these Rules any notice is required to be signed by the appellant himself, it shall be sufficient compliance therewith if such notice is signed by the secretary, clerk, manager or solicitor of such body corporate. (d) In the case of the Minister of Munitions, it shall be sufficient compliance with these Rules if such notice purports to be signed by any person duly authorised by the Minister in that behalf. (iv) Any notice or other document which is required or authorised by these Rules to be given or sent shall be deemed to be duly given or sent if forwarded by registered post, addressed to the person to whom such notice or other document is required or authorised to be given or sent. 6. Where the Judge has, on a notice of application for leave to appeal, given leave to appeal, it shall not be neces- sary for the appellant to give any notice of appeal, but the notice of application for leave to appeal shall in such case be deemed to be a notice of appeal. Abandonment of Appeal. 7. An appellant at any time after he has duly sent notice *of appeal or notice of application for leave to appeal may, subject to such order as to expenses as may be made by the Judge, abandon his appeal by giving notice of abandon- ment thereof to the Appeals Officer, and the Appeals Officer shall thereupon give notice to the Clerk to the Munitions Tribunal. Summary Dismissal of Appeal. 8. (i) If it appears to the Judge that any notice of appeal purporting to be on a ground which involve* a question of SCOTLAND. 139 law alone, or any application for leave to appeal, does not show any substantial ground of appeal, he may dismiss or refuse it summarily, and without reference to either party. (ii) When the Judge has dismissed an appeal summarily, or has refused an application for leave to appeal the Appeals Officer shall give notice to the Clerk to the Munitions Tribunal concerned and to the appellant of the decision of the Judge in relation thereto, and in every such case the decision of the Munitions Tribunal shall be deemed to have been confirmed by the Judge. Statement of Respondent. 9. The Appeals Officer, where an appeal is to proceed, shall send a copy of the notice of appeal to the respondent and to the Minister of Munitions, and thereupon the re- spondent shall furnish to the Judge within seven days a written statement of the facts and contentions of law on which he intends to rely. Chairman's Report. 10. (i) The Appeals Officer, when he has received a notice of appeal or a notice of application for leave to appeal, shall, subject to Rule 8, request the Chairman of the Munitions Tribunal who tried the case to furnish him with a report setting out the names and addresses of the parties and witnesses, the evidence in the case, the facts as found by the Munitions Tribunal and the grounds of their decision ; and the Chairman shall thereupon comply with the request. (ii) When the Appeals Officer shall request the Chairman to furnish a report under these Rules he shall send to the Chairman a copy of the notice of appeal or notice of appli- cation for leave to appeal to enable the Chairman to deal in his report with the appellant's case generally or with any point arising thereon. (iii) The report of the Chairman shall be for the use of the Judge, and, except by direction of the Judge, shall not, nor shall any part thereof, be furnished to any other person. 140 APPEAL TRIBUNAL RULES. Statement of Gate Reserved. 11. The Chairman, where he reserves any case for the consideration of the Judge, shall within seven days of the date of the decision send to the Appeals Officer a written statement of the case, signed by him, setting out the names and addresses of the parties, the question or questions re- served and such facts only as raise the question or questions reserved, and shall at the same time send a copy to each party and to the Minister of Munitions ; and thereupon each party shall furnish to the Judge within seven days a written statement of the facts and oontentiona of law on which he intends to rely. Further lie part by Chairman. 12. The Judge may, if he thinks it necessary or expedient, require the Chairman who has furnished a report or a state- ment of a case reserved to the Appeals Officer under these Rules, to furnish a further report or fuller statement of the case in such manner as the Judge may direct, and the Chairman shall thereupon comply with the direction. Determination of Appeal. 13. The Judge shall hear every appeal or case reserved in open Court except where the appeal is dismissed summarily or where with the written consent of both parties he thinks it expedient to determine an appeal upon the materials before him without requiring either party to appear or to furnish further evidence or argument. Notice of Hearing or Determination of Appeal. 14. The Appeals Officer shall, in every case where an appeal or case reserved is to be heard, at least seven days before the hearing thereof, send to the parties and to the Minister of Munitions a notice of the time and place appointed for the hearing. Suspenrion of Penalties Pending Appeal. 16. Where notice of appeal or notice of application for leave to appeal haa been duly given, or where a case has SCOTLAND. 141 been reserved, all proceedings for the recovery of any fine or costs imposed upon either party by the Munitions Tribunal shall be suspended until the final determination of the appeal or case reserved. Powers of Minister of Munitions. 16. The Minister of Munitions may (i) with the leave of and subject to such conditions as may be imposed by the Judge appear and be heard on the hearing of any appeal, or (ii) at any stage of an appeal or case reserved, substitute himself for either party to such appeal or case reserved, by giving notice in writing to that effect to the Appeals Officer and to both parties. It shall be the duty of a party for whom the Minister of Munitions has substituted himself under this Rule to furnish to the Minister any information, documents, matters and things in his possession or under his control relating to the proceedings which the Minister may require for the purpose of the appeal or case reserved. Adjournment of Appeals. 17. The Judge may, in his discretion, adjourn the hearing of any appeal or case reserved, and in every case where the hearing thereof is so adjourned for more than two days the Appeals Officer shall, at least two days before the adjourned hearing, intimate to the parties and to the Minister of Munitions the time and place appointed for such adjourned hearing. Appearance of Parties. 18. Each party may, on the hearing of any appeal or case reserved, appear in person and present his case orally or in writing, or may appear by counsel, or with the consent of the Judge by any person authorised in writing by the party, or may, in lieu of appearing, send to the Appeals Officer at least two days before the hearing thereof a statement in writing setting forth the arguments in support of his con- tention, and such arguments shall be considered by the Judge 142 APPEAL TRIBUNAL RULES. Powers of Judge. 19. The Judge may, on the hearing of any appeal or oase reserved, if he thinks it necessary or expedient (i) sit with two or some other even number of assessors appointed in such manner as the Minister of Munitions may direct respectively from an em- ployers' panel and from a workmen's panel con- stituted under the Acts, and may consult with such assessors and act upon their opinion so far as he thinks fit to adopt it ; and (ii) order the production of any document or other thing relating to the proceedings; and (iii) order any witnesses who would have been com- pellable witnesses before the Munitions Tribunal to attend and be examined on oath before him, whether they were or were not examined before the Munitions Tribunal ; and (iv) exercise in relation to the proceedings any powers which may be exercised in civil or criminal matters by any Judge of the Court of Session or High Court of Justiciary. Result of Appeal. 20. (i) The Judge may, on the hearing of any appeal or oase reserved, confirm or reverse the decision of the Muni- tions Tribunal, or may send the case back to the Munitions Tribunal to be re-tried, or may make such other order aa he may think just. (ii) Where the Judge confirms the decision of the Muni tiona Tribunal, such decision shall have effect as if there had been no appeal or case reserved. (iii) Where the Judge reverses the decision of the Muni- tions Tribunal (a) an appellant who has paid any fine or expense* im- posed upon him by the Munitions Tribunal, or any SCOTLAND. 143 part thereof, shall be entitled, subject to any order of the Judge, to the return of the sum or any part thereof so paid by him; (6) the Judge may impose any fine or issue a leaving certificate or make any order which it was com- petent for the Munitions Tribunal to have im- posed or made. Any fine imposed by the Judge under this Rule shall be paid to the Clerk of the Munitions Tribunal concerned in like manner as if such fine had been imposed by the Munitions Tribunal, and payment thereof may be enforced in the same manner and subject to the same provisions as payment of fines imposed by Munitions Tribunals under the Acts may under the law for the time being be enforced. (iv) Where the Judge sends the case back to the Muni- tions Tribunal to be re-tried (a) the Munitions Tribunal and the parties to the pro- ceeding shall have on such re-trial the same rights in all respects as if the case had not been previously tried, any law or custom of Scotland to the contrary notwithstanding; and (6) an appellant who has paid the whole or any part of any fine or expenses imposed upon him by the Munitions Tribunal or any part thereof, shall have the same rights with regard to the recovery thereof as if the Judge had reversed the decision of the Munitions Tribunal. Expenses. 21. The question of expenses shall be in the absolute dis- cretion of the Judge, who may order the same to be paid by any party or parties to the proceedings in such manner as he shall direct, and may either assess the amount thereof himself or may refer the same for assessment to any other person appointed by him for the purpose. An order for expenses may be enforced in the same way as a fine under these Rules. 144 APPEAL TRIBUNAL RULES. Notifying Result of Appeal. 22. The Appeals Officer shall, on the final determination of an appeal or case reserved, notify to the Munitions Tribunal concerned and to the Minister of Munitions, and to the parties if they were not present at the hearing thereof, the decision in relation thereto. Remedies for Non-Compliance. 23. Non -compliance on the part of either party with these Rules or with any rule of practice for the time being in force under the Acts, shall not prevent the further proceedings in the appeal if the Judge considers that the same may be waived or remedied by amendment or otherwise. The Judge may in such manner as he thinks right direct the party to remedy such non-compliance, and thereupon the appeal may proceed. The Appeals Officer shall forthwith notify to the party any directions given by the Judge under this Rule. APPENDIX V. OKDEEING OF WOEK EEGULATIONS. APPENDIX V. ABSTRACT OF ORDERING OF WORK REGULATIONS 1915 Act, a. 4 FOR CONTROLLED ESTABLISHMENTS. 1 . Owner of establishment to post Rules relating to order, Orders No. discipline, time-keeping, and efficiency "conspicuously in ^' his establishment." 1916 ' No '79 29th Feb., 2. Rules to be in scheduled form or other form approved J by the Minister of Munitions. 3. Workers to comply with Rules. Contravention may be prosecuted as a Munitions Act offence; but no proceedings to be taken for refusal to work on Sunday. 4. Proceedings before a munitions tribunal only to be taken for breach of Rules posted in accordance with Regula- tions; any other Rules to be so worded as to avoid possibility of confusion with Rules made under the Regulations. 5. Penalty for contravention of Regulations, fine not 1915 Act, s. 14 exceeding 3 for each offence. 6. Rules posted by owner of establishment to be sent to Order No. 671, \f 4- e *r v 8th July, 1915. Minister of Munitions. 7. Penalty not to be imposed if munitions tribunal is satisfied (a) That the Rule is unreasonable ; or (6) That the worker had just cause for not complying with Rule. 148 ORDERING OF WORK REGULATIONS. SCHEDULED RULES. 1. Posting of Rules in establishment is notice of their contents to employees. 2. Employees, whether on time, piece, or otherwise, to attend regularly and work diligently during ordinary work- ing hours, and a reasonable amount of overtime if required, unless they have obtained leave of absence, or are prevented by sickness or some other unavoidable cause, which must be immediately reported. 3. No employee to insist, or attempt to insist, on observ- ance by himself or any other employee of any rule, practice, or custom tending to restrict the rate of production on any class of work, or to limit the employment of any class of person, or otherwise tending to restrict production or employment. 4. No employee shall (a) Be worse of drink or bring drink into the estab- lishment. (6) Refuse or neglect to obey lawful orders of any person having authority over him. (c) Create or take part in disturbance or use abusive language or interfere with or annoy other employees. (d) Tear down or deface posted Rules or notices. Orders No. A. Holidays or rest days ordered by Minister of Muni- S& afpt 6 * 4 ' tions to be observed. 1916. 5. These Rules not to affect other shop rules made by owner of establishment or his power to impose fines for breach of such Rules (subject to Truck Acts). But no fine to be imposed under such other Rules for any offence which h:K In -I'll lipmjriit iH'N'ir :i munition.-, triliunal. APPENDIX VI. ORDEES RELATING TO DILUTION OF LABOUR. I. FEMALE LABOUR 1. Women of 18 and over doing Men's work. 2. Girls under 18 doing Men's work. 3. Women and Girls on Aircraft Woodwork. 4. Women and Girls on work not recognised as Men's work. II. SEMI-SKILLED AND UNSKILLED LABOUR. APPENDIX VI. ORDERS RELATING TO DILUTION OF LABOUR. I. FEMALE LABOUR. Note. The orders regulating the employment of women 1916 A apply to female workers employed on or in connection with p< ' munitions work in any establishment of a class to which section 7 of the 1915 Act has been applied by order of the Minister of Munitions. Each order is applicable only to the establishments scheduled in the order, and as the rate of pay vary in different localities and circumstances are constantly changing, owners of establishments employing women should if in doubt inform themselves by inquiry at the Ministry as to what orders their particular establishments are scheduled under. The existing orders are set out below subject to these observations 1 . DIRECTIONS RELATING TO THE EMPLOYMENT AND REMUNERATION Order No. 888, OP Women of 18 TEARS OP AGE OR OVER ON MUNITIONS 1916 e^ WORK OP A CLASS WHICH PRIOR TO THE WAR WAS CUS- ing and amending Gir. TOMARILY DONE BY Men Of 18 YEARS OP AGE OR OVER L2 and Orders IN DISTRICTS WHERE SUCH WORK WAS CUSTOMARILY CARRIED ^fy. and ON. Order No. 49 of 24th Jan., 1917. (NOTE. (1) These directions are on the basis of the setting up of the machines being otherwise provided for. (2) These directions are confined to the War period and are subject to the observance of the provisions of Schedule II. of the Munitions of War Act, 1915. 152 DILUTION OF LABOUR. (3) Proposals under paragraph 1 (a) (it) of these direc- tion* for advances to classes of women upon the time-rates prescribed by paragraph 1 (a) (t) are proposals for changes in rates of wages within Section 4 (2) of the Munitions of War Act, 1915, and must accordingly be submitted to the Minister of Munition* for his sanction.) 1. (a) (i) Women employed on time on work customarily done by men shall, except as provided in paragraphs 1 (a) (ii) and 1 (6) be paid : Where the working week is 48 hours, 1. Where the working week is less than 48 hours, 1 for the working week and for additional hours, if any, worked up to 48. Where the working week exceeds 48 hours, as follows : s. d. For 49 hours. 106 For 50 hours, 110 For 51 hours, 116 For 52 hours, 120 For 53 hours, 126 For 54 hours, 1 3 (a) (ii) Women employed on time, (a) on work of a claaa customarily done by semi-skilled men, or (6) on work of a specially laborious or responsible nature, or (c) where special circumstances exist shall be paid according to the nature of the work and the ability of the women, but in no case less than the time-rates specified in paragraph 1 (a) (i). (a) (iii) Overtime, night shift, Sunday and holiday allow- ances as customarily paid to men, shall be paid to the women to whom paragraphs 1 (a) (i) and 1 (a) (ii) refer. The basis for overtime shall be the working week for women in the establishment in question. For thia purpose, the working week for women shall in no case be reckoned as less than 48 hours or more than 54 hours. The rate for over- time for women other than those referred to in paragraph 1 (a) (ii) and 1 (b) shall be computed on the basis of 1 for 48 hours. FEMALE LABOUR. 153 (&) (i) Women employed on the work customarily done by fully-skilled tradesmen shall in all cases be paid as from commencement the time-rates of the tradesmen whose work they undertake. (&) (ii) A woman shall be considered as not employed on the work customarily done by fully-skilled tradesmen, but a part or portion only thereof if she does not do the cus- tomary setting up, or when there is no setting up, if she requires skilled supervision to a degree beyond that cus- tomarily required by fully-skilled tradesmen undertaking the work in question. (6) (iii) Women who undertake part or portion only of the work customarily done by fully-skilled tradesmen shall serve a probationary period of three months. The wages of such women for this period shall be reckoned as follows : They shall be rated for a period of four weeks at the time- rate of wages to which they are entitled under these direc- tions when employed on time, and from that rate shall then rise from the beginning of the fifth week until the end of the thirteenth week by equal weekly increases to the district time-rate of the fully-skilled tradesman, and shall thereafter be rated at the district rate of the tradesman whose work they are in part or portion undertaking. (6) (iv) In any case where it is established to the satisfac- tion of the Minister that additional cost is being incurred by extra setting up or skilled supervision due to the employ- ment of women in place of fully-skilled tradesmen, the rates payable to women under these directions may, with the sanction of the Minister, be subject, for so long as such additional cost is incurred, to deductions not exceeding 10 per cent, to meet such additional cost : Provided that no women shall in any case be paid at lower rates than those prescribed by paragraph 1 (a) (i) of these directions. (6) (v) No woman shall be called upon to serve more than one probationary period. (6) (vi) Every woman who has served the probationary M 154 DILUTION OF LABOUR. period shall receive from her employer a certificate to that effect. (6) (vii) Any time immediately before the date on which these directions take effect during which a woman has been employed on part or portion of the work customarily done by fully-skilled tradesmen shall be reckoned in diminution or extinction as the case may be of the probationary period prescribed by these directions. (6) (viii) The same overtime, night-shift, Sunday and holiday allowances shall be paid to women emuloyed on the work customarily done by fully-skilled tradesmen or part or portion thereof as are customarily paid to the tradesmen. The basis for overtime for such women shall be on the work- ing week for the tradesmen in the establishment in question. For this purpose the working week for such women shall be the same as that of the tradesmen. 2. Where women are prevented from working owing to breakdown, air raids or other causes beyond their control, they shall be paid for the time so lost at three-fourths of their time-rate unless they are sent home. 3. Women shall not be put on piece-work or premium bonus system until sufficiently qualified. The period of qualification on shell work shall not exceed four weeks without the express sanction of the Minister of Munitions. 4. Where women are employed on piece-work they shall be paid the same piece-work prices as are customarily paid to men for the same job. 5. Where women are engaged on premium bonus systems, the time allowed for the job shall be that customarily allowed to men for the same job, and the earnings of the women shall be calculated on the basis of the man's time-rate. 6. Where the job in question has not hitherto been done on piece-work or premium bonus system in the establish- ment in question, the piece-work price, or the time allowed, shall be based on a similar job previously done by men on piece-work or premium bonus system as the case may be. FEMALE LABOUR. 155 7. Where in the establishment in question there are no data from previous operations to enable the parties to arrive at a piece-work price or time to be allowed, the price or the time to be allowed shall be so adjusted that the woman shall receive the same percentage over the time-rate of the class of men customarily employed on the job as such man would have received had he undertaken the job on piece-work or premium bonus system as the case may be. 8. The principle upon which these directions proceed is that on systems of payment by results equal payment shall be made to women as to the men for an equal amount of work done. 9. Piece-work prices and premium bonus basis time shall be fixed by mutual agreement between the employer and the woman or women who perform the work. 10. On piece-work every woman other than a woman to whom paragraph 1' (6) relates shall be guaranteed, irrespec- tive of her piece-work earnings, the time-rate prescribed by paragraph 1 (a) (i), or where special circumstances exist such higher time-rate as the Minister of Munitions may direct. Every woman to whom paragraph 1 (6) relates shall be guaranteed the time-rate prescribed by paragraph 1 (6). Debit balances shall not be carried forward beyond the usual weekly period of settlement. 11. On premium bonus systems every woman other than a woman to whom paragraph 1 (6) relates shall, in all cases, be paid the time-rate prescribed by paragraph 1 (a) (i), or where special circumstances exist, such higher time-rate as the Minister of Munitions may direct. Every woman to whom paragraph 1 (6) relates shall, in all cases, be paid the time-rate prescribed by paragraph 1 (&). 12. Overtime and night shift and Sunday and holiday allowances shall be paid to women employed on piece-work or premium bonus system on the same conditions as cus- tumarily prevail in the case of men for time work. 156 DILUTION OF LABOUR. 13. Piece-work prices and premium bonus time allowances, after they have been established, shall not be altered unless the means or method of manufacture are changed. 14. All wages and balances shall be paid to women through the office. 15. For the purpose of these directions, the term " woman " or " women " means a woman or women of the age of 18 years or over, and the term " man " or " men " means a man or men of the age of 18 years or over. 16. Any question which arises as to the interpretation of these directions shall be determined by the Minister of Munitions. Order No. 703, 2. DIRECTIONS RBLATING TO THE EMPLOYMENT AND REMUNERA- 28th Sept., noy Qp Glr | S un der 1 8 YEARS OP AQB ON Muni- Order No. 48, tions Work of a Class which, prior to the War, was customarily done by male labour of 18 years of agre and over m DISTRICTS WHERE SUCH WORK WAS CARRIED ON. [Note. These directions are on the basis of the setting up of machines being otherwise provided for. They are strictly confined to the war period and are subject to the observance of the provisions of Schedule II. of the Munitions of War Act.] 1. Where girls under 18 years of age are employed on work customarily done by male labour of 18 years of age and over the following rates shall be paid : (a) In the case of time-workers of 17 and under 18 years, 18s. per week, reckoned on the usual working hours of the district in question fcr men in engineering establish- ments. 16 and under 17 years, 16. Ditto. Under 16 years, Us. Ditto. FEMALE LABOUR. 157 (&) In the case of piece-workers of 17 and under 18 years, the piecework price paid or allowed for the work when customarily done by men, less 10 per cent. 16 and under 17 years, Ditto, less 20 per cent. Under 16 years, Ditto, less 30 per cent. 2. Where girls are prevented from working owing to breakdown, air raid, or other cause beyond their control, they shall be paid for the time so lost at the rate of three- fourths of their above time-rates, unless they are isent home. 3. Girls shall not be put on piecework or premium bonus systems until sufficiently qualified. The period of qualifi- cation on shell work shall not, in general case, exceed three to four weeks. 4. On piecework, each girl's time-rate shall be guaran- teed irrespective of her piecework earnings. Debit balances shall not be carried forward beyond the usual weekly period of settlement. 5. On premium bonus systems each girPis time-rate shall in all cases be paid. 6. Overtime and night shift and Sunday and holiday allowances shall be paid to girls employed on piecework or premium bonus systems on the same conditions as now prevail in the case of men in engineering establishments in the district in question for time-work. 7. Piecework prices and premium bonus time allowances, after they have been established, shall not be altered unless the means or method of manufacture are changed. 8. All wages and balances shall be paid to girls through the office. 9. The foregoing rates and conditions shall not operate to prejudice the position of any person who has better terms and conditions, nor prevent employers from recognising special ability or responsibility. 158 DILUTION OF LABOUR. 10. Any question which arises ae to the interpretation of these recommendations shall be determined by the Minister of Munitions. ISttfse^ 621 ' **' DIRECTIONS RELATING TO THE EMPLOYMENT AND REMUNERA- 1916. TION OP Women and Girls ON OR IN CONNECTION WITH Woodwork Processes for Aircraft. (1) Women and girk employed on processes other than machine processes shall for the first 8 weeks of such employ- ment be rated as follows : Per hour. Women 18 years and over, 4d. Girls 17 years and under 18, - 3d. Girls 16 years and under 17, 3d. Girls under 16 years, - (2) Women and girls employed on processes other than machine processes shall, after such period of 8 weeks, be rated as follows: Per hoar. (a) Inspectors and Gangers: Women 18 years and over, - 5d. Girls 17 years and under 18, 5d. Girls 16 years and under 17, 4jd. Girls under 16 years, - 4d. (6) Workers customarily on time work other than those referred to in paragraph (a) above : Per hour. Women 18 years and over, - 5d. Girls 17 years and under 18, 4d. Girls 16 years and under 17, - 4d. Girls under 16 years, - 3jd. (c) Workers employed on piece-work or premium bonus systems : Per hour. Women 18 years and over, - 4Jd. Girls 17 years and under 18, 4d. Girls 16 years and under 17, 3d. Girls under 16 years, - 3d. FEMALE LABOUR. 159 (3) Women of 18 years of age and over employed on machine processes shall be rated as follows : Per hour. For the first 4 weeks of such employ- ment, 4jd. For the second 4 weeks of such employment, - On completion of 8 weeks of such employment, - (4) No girl under 18 years of age shall be employed on any machine process. (5) The appropriate time rate shall in the case of any woman or girl on piece-work or premium bonus systems be guaranteed and paid. Debit balances shall not be carried forward from one week to another. (6) Overtime allowances shall be paid to women and girls on the following basis, each day standing by itself : For the first two hours, - At the rate of time and a quarter. Thereafter, - - At the rate of time and a half. (7) Night-shift allowances shall be paid to women and girls on the basis of time and a quarter for all hours worked. (8) Sunday work allowances shall be paid to women and girls on the basis of double time between midnight on Satur- day and midnight on Sunday. (9) Except in cases where they are sent home women and girls on piece-work or premium bonus systems shall, between jobs, be booked on to and paid at their respective time rates, and women and girls who are prevented from working owing to breakdown, air raid, or other cause beyond their control shall be paid for the time so lost at the rate of three-fourths of their respective time rates. This provision, however, shall not apply in cases where machines are stopped in the usual course of operations for setting up, replace- ment or grinding of tools, or similar reasons. (10) Piece-work prices and premium bonus basis times shall be fixed by mutual agreement between the employer 160 DILUTION OF LABOUR and the worker or workers who perform the work and shall be such as to enable a woman or girl of average ability to earn at least 33J per cent, over her time rate. (11) Piece-work prices and premium bonus basis times, after they have been established, shall not be altered unless the means or method of manufacture are changed. (12) All wages and balances shall be paid to women and girle through the office. (13) The above rates and conditions shall be recognised as war rates and conditions, and as due to and depending on the exceptional conditions resulting from the present war. (14) The foregoing rates and conditions shall not operate to prejudice the position of any person who has better terms and conditions, nor to prevent the recognition of special ability or responsibility. (15) Any question which arises as to the interpretation of these provisions shall be determined by the Minister of Munitions. Order No. 9, 6th Jan., 1917, embodying and amending Orders 447, 618, 759. 4. DIRECTIONS RHLATINQ TO THE REMUNERATION OF WOMEN AND GIRLS ON MUNITIONS WORK OF A CLASS WHICH PRIOR TO THE WAR was not recognised as Men's Work IN DISTRICTS WHBRB SUCH WORK WAS CUSTOMARILY CARRIED ON. 1. Where women or girls are engaged on munitions work of a class which prior to the war was not recognised as men's work in districts where such work was customarily carried on, the time-rates for piece-workers and premium bonus workers shall be as follows : Workers 18 years and over, Workers 17 years and under 18, Workers 16 years and under 17, Workers 15 years and under 16, Workers under 15 years, Per hour. 4d. 3d. 2d. FEMALE LABOUR. 161 2. The rates for such women and girls when customarily on time shall be as follows: Per hour. Workers 18 years and over, - 4d. Workers 17 years and under 18, - 4d. Workers 16 years and under 17, 3|d. Workers 15 years and under 16, 3d. Workers under 15 years, - 2d. 3. Women and girls in danger zones shall be paid d. per hour in addition to the above rates. Allowances for other processes which are dangerous or injurious to health will be decided on the merits of such cases. 4. In an establishment in which a custom prevailed prior to the war of differentiating between the rates of wages paid to women and girls employed in warehouses and those otherwise employed, an application may be made to the Minister of Munitions for special directions as to the rates of wages to be paid to women and girls employed in ware- houses. 5. Women and girls may be rated at d. per hour less than their appropriate time-rate under these directions for probationary periods not exceeding: In the case of workers of 18 years and over, - 1 month. In the case of workers of 16 years and under 18, - - 2 months. In the case of workers under 16 years, - - 3 months. Such probationary periods shall be reckoned from the date when women or girls are first employed, and no woman or girl shall be called upon to serve more than one pro- bationary period. 6. The appropriate time-rate shall, in the case of any woman or girl on piece-work, be guaranteed irrespective of her piece-work earnings. Debit balances shall not be carried forward from one week to another. 7. On premium bonus systems every woman's and girl's appropriate time-rate shall in all cases be paid. 162 DILUTION OF LABOUR. 8. Women or girls shall not be put on piece-work or premium bonus systems until sufficiently qualified. The period of qualification should not generally exceed four weeks. ,9. Additional payment in respect of overtime, night shift, Sunday, or holiday work shall be made to women and girls employed on munitions work of a class which, prior to the war, was not recognised as men's work in districts where such work was customarily carried on. Such additional payments shall be made in accordance with the custom of the establishment for the class of workpeople concerned in cases where such a custom exists. Where no custom providing for such additional payment exists in the establishment, such additional payments shall be made at the rates and on the conditions prevailing in similar establishments or trades in the district. Where there are no similar establish- ments or trades in the district, the rates and conditions pre- vailing in the nearest district in which the general industrial conditions are similar shall be adopted. In the absence of any custom prevailing in the establishment, or in the dis- trict, or elsewhere, such additional payments shall be made at such rates and tfh such conditions as the Minister of Munitions may direct. 10. Piece-work prices and premium bonus basis times shall be such as to enable a woman or girl of ordinary ability to earn at least 33J per cent, over her time-rate, except in the case of an establishment where an application that this pro- vision should be dispensed with either generally or as regards any particular class of workpeople has been approved by the Minister of Munitions. 11. The above rates and conditions shall be recognised as war rates and conditions, and as due to and depending on the exceptional circumstances resulting from the present war. 12. The position of any person or persons whose existing rates of remuneration exceed the rates herein prescribed, shall not be prejudiced by this Order either by a reduction in existing rates or by replacement by another person or FEMALE LABOUR. 163 other persons at lower rates, nor shall employers be pre- vented from recognising special ability or responsibility. 13. For the purpose of this Schedule the term "men" means- males of 18 years of age and over. 14. Any question which arises as to the interpretation of these provisions shall be determined by the Minister of Munitions. 5. DIRECTIONS RELATING TO THE REMUNERATION OF WOMEN AND Order No. 10, GIRLS ON MUNITIONS WORK OF A CLASS WHICH PRIOR TO THE WAR was not recognised as Men's Work and amending Orders 447, IN DISTRICTS WHERE SUCH WORK WAS CUSTOMARILY CARRIED 618, 759. ON. 1. Where women or girls are engaged on munitions work of a class which prior to the war was not recognised as men's work in districts where such work was customarily carried on, the time-rates for piece-workers and premium bonus workers shall be as follows: Per hour. Workers 18 years and over, - 3fd. Workers 17 years and under 18, - 3d. Workers 16 years and under 17, - 2fd. Workers 15 years and under 16, - 2d. Workers under 15 years, - - Ifd. 2. The rates for such women and girls when customarily on time shall be as follows : Per hour. Workers 18 years and over, - 4d. Workers 17 years and under 18, - 3fd. Workers 16 years and under 17, - 3d. Workers 15 years and under 16, - 2|d. Workers under 15 years, - - 2d. 3. Women and girls in danger zones shall be paid |d. per hour in addition to the above rates. Allowances for other processes which are dangerous or injurious to health will be decided on the merits of such cases. 164 DILUTION OF LABOUR. 4. In an establishment in which a custom prevailed prior to the war of differentiating between the rates of wages paid to women and girls employed in warehouses and those otherwise employed, an application may be made to the Minister of Munitions for special directions as to the rates of wages to be paid to women and girls employed in ware- houses. 5. Women and girls may be rated at Jd. per hour lesa than their appropriate time-rate under these directions for probationary periods not exceeding : In the case of workers of 18 years and over, - 1 month. In the case of workers of 16 years and under 18, - - 2 months. In the case of workers under 16 years, - - 3 months. Such probationary periods shall be reckoned from the date when women or girls are first employed, and no woman or girl shall be called upon to serve more than one proba- tionary period. 6. The appropriate time-rate shall, in the case of any woman or girl on piece-work, be guaranteed irrespective of her piece-work earnings. Debit balances shall not be carried forward from one week to another. 7. On premium bonus systems every woman's and girl's appropriate time-rate shall in all cases be paid. 8. Women or girls shall not be put on piece-work or premium bonus systems until sufficiently qualified. The period of qualification should not generally exceed four weeks. 9. Additional payment in respect of overtime, night shift, Sunday, or holiday work shall be made to women and girls employed on munitions work of a class which, prior to the war, was not recognised as men's work in districts where such work was customarily carried on. Such additional payments shall be made in accordance with the custom of the establishment for the class of workpeople concerned in FEMALE LABOUR. 165 cases where such a custom exists. Where no custom pro- viding for such additional payment exists in the establish- ment, such additional payments shall be made at the rates and on the conditions prevailing in similar establishments of trades in the district. Where there are no similar establishments or trades in the district, the rates and conditions prevailing in the nearest district in which the general industrial con- ditions are similar shall be adopted. In the absence of any custom prevailing in the establishment, or in the district, or elsewhere, such additional payments shall be made at such rates and on such conditions as the Minister of Muni- tions may direct. 10. Piece-work prices and premium bonus basis times shall be such as to enable a woman or girl of ordinary ability to earn at least 33J per cent, over her time-rate, except in the case of an establishment where an application that this provision should be dispensed with either generally or as regards any particular class of workpeople has been approved by the Minister of Munitions. 11. The above rates and conditions shall be recognised as war rates and conditions, and as due to and depending on the exceptional circumstances resulting from the present war. 12. The position of any person or persons whose existing rates of remuneration exceed the rates herein prescribed, shall not be prejudiced by this Order either by a reduction in existing rates or by replacement by another person or other persons at lower rates, nor shall employers be prevented from recognising special ability or responsibility. 13. For the purpose of this Schedule the term " men " means males of 18 years and over. 14. Any question which arises as to the interpretation of these provisions shall be determined by the Minister of Munitions. 166 DILUTION OF LABOUR. II. SEMI-SKILLED AND UNSKILLED LABOUR. Order No. 589, DIRECTIONS RELATING TO THE EMPLOYMENT AND REMUNERATION ml Pt " OF Semi-skilled and Unskilled Men ON Muni- Order : 24th Jan., 1917. tions Work of a class which prior to the War was customarily undertaken by Skilled Labour. [Note. These Directions are strictly confined to the war period and are subject to the observance of Schedule II. of the Munitions of War Act.] GENERAL. 1. Operations on which skilled men are at present em- ployed, but which by reason of their character can be per- formed by semi-skilled or unskilled labour, may be done by such labour during the period of the war. 2. Where simi-skilled or unskilled male labour is employed on work identical with that customarily undertaken by skilled labour, the time rates and piece prices and premium bonus times shall be the same as customarily obtain for the opera- tions when performed by skilled labour. 3. Where skilled men are at present employed they shall not be displaced by less skilled labour unless other skilled employment is offered to them there or elsewhere. 4. Piecework prices and premium bonus time allowances, after they have been established, shall not be altered unless the means or methods of manufacture are changed. 5. Overtime, night shift, Sunday and holiday allowances shall be paid to such machinemen on the same basis as to skilled men. Time Ratings for the Manufacture of complete shell and fuses and cartridge cotes, where not hitherto customary. SEMI-SKILLED AND UNSKILLED LABOUR. 167 6. Where the manufacture of this class of munitions was not customarily undertaken by the establishment prior to the war, the following time ratings shall apply: (a) Semi-skilled and unskilled men of 21 years of age and over, when engaged as machinemen on the above manufacture, shall be paid a time rate of 10s. per week lower than the time rate for turners, including war bonuses, engaged in the engineering trade of the district, but in no case shall the rate paid to such men be less than 28s. per week of the normal district hours. This rate also includes all war bonuses already granted. (6) Where a semi-skilled or unskilled man of 21 years of age and over has had no experience previously of the operation he is called upon to perform, his starting rate shall be 26s. per week, which shall be paid during his period of training, but such period shall not exceed two months' from the date at which he commenced work as a machineman. (c) The time rates payable to setters up shall be not less than as follows : Setting up of fuse- making machines, 10s. per week over the current district time rate for turners. Setting up of shell-making machines, 5s. per week over the current district time rate for turners. These extras are in addition to any war bonuses which have been granted. INTERPRETATIONS . 7. Any question which arises as to the interpretation of these Directions shall be determined by the Minister of Munitions. APPENDIX VII. ORDER RELATING TO WAB SERVICE BADGES. N APPENDIX VII. WAR SERVICE BADGES. The Minister of Munitions is empowered to make rules 1915 Act, s. 8. regarding badges for munitions workers. Contravention of such rules makes an offender liable to a 1915 Act, s. 14 (e). penalty not exceeding 50. The rules made on 29th July, 1915, provide (1) The employer of any persons engaged on munitions Order No. work or other work for war purposes may make application 29th' July' to the Minister in a form giving the particulars set out in 1915. the schedule hereto or such other particulars as the Minister may require from time to time for authority to issue war service badges to such persons in accordance with these rules. (2) The Minister may grant such application in respect of all or any of the persons included therein, and may supply war service badges to the employer and authorise their issue by the employer to such persons accordingly (on such con- dition as he thinks fit). Provided that he shall not authorise the issue of war service badges to persons engaged otherwise than in a Government establishment, unless, having regard to the occupations in which such persons are employed, he is of opinion that their removal from their present employment is likely to prejudice the production, transport, or supply of Munitions of War, or the successful prosecution of the war. (3) A person to whom a war service badge has been issued by his employer in accordance with these rules shall be entitled to wear the badge only so long as the authority under which it was issued remains in force and so long as he remains engaged on munitions work or other work for war 172 WAR SERVICE BADGES. purposes in the service of that employer, and when for any cause he is no longer entitled to wear the badge, he shall forthwith surrender it to his employer. (4) An employer to whom war service badges have been supplied by the Minister shall be responsible (a) For issuing such badges in accordance with these rules and the authority given by the Minister ; (6) For requiring the surrender of any such badge aa soon as the person to whom it was issued ceases to be entitled to wear it ; (c) For the custody of any such badges supplied to him but not issued or surrendered to him, and for their return to the Minister if so required. (5) Any authority given by the Minister to any employer to issue war service badges to any person or persons employed by him may be revoked at any time by notice in writing given to the employer. (6) No person shall make any false statement for the purpose of securing authority to issue, or for the purpose of obtaining, any war service badge. No person shall issue any war service badge to any person except in accordance with these rules and with authority given to him by the Minister, and no person shall wear such badge unless it has been issued to him by his employer in accordance with these rules. And no such badge shall be sold or bought, pawned or accepted in pawn, or otherwise disposed of or received by any person except in so far as duly authorised. Provided that where a person in good faith wean a war service badge issued to him by his employer, believing him- self to be entitled to do so, he shall not be deemed to have acted in contravention of these rules merely on the ground that the badge was wrongfully issued to him by his employer or that he is no longer entitled to wear it. (7) No person shall, except with the express authority of the Minister, make, sell, issue, or wear any badge similar WAR SERVICE BADGES. 173 in form or appearance to any badge supplied or authorised by the Minister, or any colourable imitation thereof, or any badge, or other distinctive mark calculated or intended to suggest that the wearer thereof is engaged on munitions work or other work for war purposes. (8) Any person to whom before the date of these rules any badge was issued by or with the express authority of the Admiralty or Army Council may, anything in these rules to the contrary notwithstanding, continue to wear such badge so long as he remains in his present employment, until such date, not being earlier than the thirtieth day of September, as the Minister may determine, either generally or in any particular case or class of cases. (9) Any war service badge supplied by the authority of the Minister of Munitions 1 in accordance with these rules eihall remain the property of the Minister and shall be re- turned to him at any time if so required by him. (10) In these rules The expression " Minister" means " Minister of Muni- tions." The expression " war service badge " means any badge or other distinctive mark authorised by the Minister for the purpose of indicating that the wearer thereof is engaged on munition work or other work for war purposes. The expression " Government establishment " means any establishment owned by the Crown or of which the governing body is appointed by any Govern- ment department. Schedule. Particulars to be furnished on application for authority to issue war service badges : 1. Full name and address of person making application. 2. Number of badges applied for. 174 WAR SERVICE BADGES. 3. In the case of an application made on behalf of an establishment not being a Government establish- ment, occupation, and place of employment of each person employed in respect of whom application is made. See Consolidated Regulations issued to controlled estab- lishments, August, 1916. APPENDIX VIII. ORDERS UNDER SECTION 7. APPENDIX VIII. ORDERS MADE UNDER SECTION 7 (1), 1915 ACT, AS AMENDED BY SECTION 5 OF THE 1916 ACT. The Minister of Munitions is empowered to apply the Leav- 1915 Act, s. 7. ing Certificate, Statutory Provisions, and Regulations to any 1916 Act, s. 5; class of establishment engaged in munitions work, and he may delegate this power to any other Government Depart- ment. Such orders have been made in regard to (1) Any establishment being a factory or workshop the business carried on in which consists wholly or mainly in engineering, shipbuilding, or the produc- tion of arms, ammunition, or explosives, or of substances required for the production thereof. (2) Any establishment supplying electrical light or power Order No. 279, in cases where the Minister of Munitions certifies y> that such supply is of importance for the purpose of carrying on munitions work. (3) Any establishment supplying light, heat, or power Order No. 512, generated by gas (a) in cases where the Minister of Jgjg y ' Munitions certifies that such supply is of import- ance for carrying on munitions work; (&) in cases where such establishment is substantially engaged upon the production of materials required for or for use in the manufacture of explosives. (4) Any establishment which has been, or may hereafter Order No. 279, be, declared to be a controlled establishment. lst May ' 1916- (5) Any establishment engaged in the construction, altera- Admiralty ,. . , * j i_ j i_ i Order No. 450, tion, repair, or maintenance of docks and harbours 1st July, 1916. and work in estuaries. 178 ORDERS APPLYING SECTION 7. Order No. 791, 7th Nov., 1916. Order No. 813, 23rd Nov., 1916. Order No. 856, 4th Dec., 1916. Order No. 616, 6th Sep., 1916. Army Council Orders, No. 2135, 12th Nov., 1916. No. 940, 16th Oct., 1916. Road Board Order No, 890, 16th Dec.. 1916. Order No. 143, 29th Jan.. 1917. establishment supplying water in cases where the Minister of Munitions certifies that euch supply is of importance for the purpose of carrying on muni- tions work. (7) Any establishment manufacturing fire brick or eilica brick. (8) Any establishment manufacturing lime. (9) Any establishment belonging to or in the possession or under the control of His Majesty, or any Govern- ment Department which is used for housing or storing ammunition or explosives, or the materials required for their manufacture. (10) (a) Any establishment being a barracks or hutted camp so far as concerns the construction, alteration, or repair thereof, or the supply of light, heat, water, or power for the purpose of such construc- tion, alteration, repair, or supply ; (b) any establish- ment the work of which consists in whole or in part of such construction, alteration, repair, or supply as aforesaid ; in any case in which such work is executed under the direction of the Royal Engineers or the Director of Barrack Construction. (11) Any establishment (whether belonging to the Road Board or to any other person, corporation, or body) which is engaged under the control, direction, or supervision of the Road Board in the construc- tion, alteration, or repair of roads for purposes connected with the present war. (12) Any establishment manufacturing shrunk dolomite. APPENDIX IX. ORDERS EXTENDING DEFINITION OF MUNITIONS WOKK. APPENDIX IX. MEANING OF "MUNITIONS WORK." " Munitions work " is defined in section 9 (1) of the 1916 Act. It includes, inter alia (besides warships), " classes of ships or vessels which may be certi- 1916 Act, s. 9 fled by the Board of Trade to be necessary for the successful prosecution of the war." Under this power the Board of Trade has certified certain classes of steamships. 13bh May, It includes also the manufacture or repair of materials (required for the use in the manufacture of articles enumerated in section 9 (1) (a)) " of any class specified in an order made for the purpose by the Minister of Munitions." Under this power the Minister has specified (1) Balloon fabric, constructional steel, fire-brick, glass Order No. 107, , * *s i 14th Feb., for constructional purposes, glass for optical pur- poses, lead compounds, magneeite brick, materials required for or for use in the manu- facture of explosives, silica brick, worked timber. Order No. 314, (2) Card clothing. 12th May, (3) All materials wholly or partially manufactured from SH?** No. 530, J J 27th July, wool. 1916. ... T . Order No. 855, (4) Lime. 13th May, 1916. (5) Shrunk dolomite. Order No. 142, 29th Jan., The definition of " munitions work " includes the con- 1917t etruction, alteration, repair, or maintenance of docks and harbours and work in estuaries, where such work is certified by the Admiralty to be necessary for the successful prosecution of the war. Under this power 182 MUNITIONS WORK. 13th May, 1916. 1916 Act, 8. 9 (I) (d). 13th May, 1916. Order 941, 16th Oct., 1916. the Admiralty have up to date certified dock repair and maintenance work at about forty docks and harbours over the country. The definition of munitions work includes the supply of light, heat, water, or power, or the supply of tramways facilities, where the Minister of Munitions certifies that such supply Is of importance for carrying on munitions work, and the erection of build- ings, machinery, and plant required for such supply. Under this power the Minister has certified forty-six electricity undertakings in England and Wales, seven in Scotland, and one in Ireland ; fourteen gas undertakings in England and Wales and 8 in Scotland ; five water undertakings in England and Wales and five in Scotland ; thirty-three tramway under- takings in England and Wales and four in Scotland, and the Army Council has certified the supply of light, heat, water, and power supplied for barracks or hutted camps. Munitions work includes the repair of fire engines and fire brigade appliances where the Minister of Muni- tions certifies that such repair is necessary in the national interest, but so far only one has been certified. APPENDIX X. ARMY RESERVE MUNITIONS WORKERS. APPENDIX X. MINISTRY OF MUNITIONS OF WAR. A.R.M.W.40. ARMY RESERVE MUNITIONS WORKERS. NOTES FOR THE GUIDANCE OP EMPLOYERS TO WHOSE EMPLOYMENT MEN ARE ASSIGNED TO WORK AS ARMY RESERVE MUNITIONS WORKERS, BY DIRECTION OF THE MINISTRY OF MUNITIONS. I. GENERAL. 1. Army Reserve Munitions Workers are men who have been relegated to Army Reserve W., and have entered into a formal agreement to undertake work for War purposes in the employment of any firm of employers which may be named by the Minister of Munitions, and to remain in such employment during the Wai- for so long as is required by the Minister, in accordance with certain specified conditions. 2. The terms of the agreements signed by these men are set out on page 6 of this Memorandum. The agreement, A.R.M.W. 1 therein set out, is applicable to men who are p. 193. skilled in munitions work, whilst the agreement A.R.M.W. 2 P. 194. is applicable to men skilled in other trades and also to unskilled men. 3. The agreements signed by these men entitle them to a MINIMUM rate of wages lOd. per hour in the case of agree- ment A.R.M.W. 1, and 7d. per hour in the caee of agree- ment A.R.M.W. 2 and also to certain special allowances. O 186 ARMY RESERVE MUNITIONS WORKERS. These allowances, together with the sum necessary to make up the difference, if any, between (a) the standard rate of the district (A.R.M.W. 1), or (b) that rate current at the job (A.It.M.W. 2), and the guaranteed minimum rate of IQd. per hour and Id. per hour respectively, are recoverable by the employer from the Ministry of Munitions. 4. Army Reserve Munitions Workers who have been assigned to the employment of any firm of employers by direction of the Minister of Munitions, will be liable to return to Military Service at any time that they cease to be employed by any firm named by the Minister of Munitions, or may be ordered to report themselves for service with the Colours at any time that the competent Military Authority thinks fit. They will be civilians, and will receive no pay or other allowances from Army Funds, and will not wear uniform. They will be subject to the ordinary working conditions prevailing in the establishment of the firm of employers to which they are assigned by direction of the Minister of Munitions. 5. An employer who desires to dispense with the services of an Army Reserve Munitions Worker must (except in the case of insubordination, when the nearest Employment Exchange must at once be notified) give at least three weeks' notice to the nearest Employment Exchange together with a statement of the ground for giving such notice (on Form A.R.M.W. SB). 6. The provisions of the Munitions of War Acts 1915 and 1916 dealing with Leaving Certificates will apply to Army Reserve Munitions Workers. An employer should in any case in which an Army Reserve Munitions Worker applies for, and the employer is willing to grant him, a Leaving Certificate, so inform the nearest Employment Exchange at the earliest possible moment, in order that the Exchange may take any action which may be necessary on behalf of the Ministry. Form A.R.M.W. 5o should be used by an employer for this purpose. PROCEDURE FOR OBTAINING SERVICES. 187 II. PROCEDURE AS TO OBTAINING THE SERVICES OF ARMY RESERVE MUNITIONS WORKERS AND AS TO THEIR ENTERING EMPLOYMENT. 7. All applications from employers for the services of Army Reserve Munitions Workers must be made by the employer to the nearest Employment Exchange. Before any application for the employment of Army Reserve Muni- tions Workers can be considered, the intending employer must sign an undertaking (Form A.R.M.W. SA) agreeing to carry out the conditions under which Army Reserve Munitions Workers can be employed. 8. So soon as an Army Reserve Munitions Worker is instructed to take up employment with a particular firm, the employer will be so informed by the Employment Exchange on Form A.R.M.W. 5 with which will be sent Form A.R.M.W. 5A. Immediately the workman starts employment, the date of starting must be filled in by the employer on the Form A.R.M.W. SA, together with the further particulars required to be furnished therein regarding rates of wages, &e., and the form returned by the employer to the Manager of the Employment Exchange. Until the Form A.R.M.W. SA has been received, no payment made by the firm can be re- funded by the Ministry of Munitions. 9. The allowances which are authorised to be paid to the workman, together with any difference in rate of wages to which he is entitled by the terms of his undertaking, will be communicated as soon as possible to the employer by the Ministry of Munitions on Form A.R.M.W. 23. Such authorised allowance, and any authorised difference in any rate of wages must be paid by the employer to the work- man each week with his wages. 10. Claims for the repayment by the Ministry of authorised allowances and authorised differencee in rates of wages should be made by the employer on Accounts Form A.R.M.W. 51. 11. An account of payment for allowances and of authorised differences in rates of wages should be made by 188 ARMY RESERVE MUNITIONS WORKERS. the employer up to the end of each pay day, and be for- warded to the Ministry of Munitions, as soon as possible thereafter, on Accounts Form A.R.M.W. 51. Only the sums authorised by the Ministry on Form A.R.M.W. 23 may be claimed. Repayments by the Ministry will, as a rule, be made monthly. 12. The books and accounts of the employers are to be made available at all reasonable times for the purpose of the verifications of the accounts by duly authorised repre- sentatives of the Minister of Munitions. III. DISMISSAL AND TRANSFER. 13. Particular attention is drawn to paragraph 5 of this Memorandum as to the requirement of at least three weeks' notice, except in the case of insubordination, in any case in which an employer desires to dispense with the services of an Army Reserve Munitions Worker. Any such notice must be given by the employer on Form A.R.M.W. 5n to the nearest local Employment Exchange. 14. An Army Reserve Munitions Worker is liable to be transferred to the employment of any other firm of employers at any time that the Ministry of Munitions thinks fit. Notice of intention to transfer an Army Reserve Munitions Worker will be given by the Ministry of Munitions, or by the Employment Exchange acting on behalf of the Ministry, to an employer on Form A.R.M.W. 9. IV. WORKING CONDITIONS. 15. An Army Reserve Munitions Worker is subject to the ordinary working conditions prevailing in the establishment of the firm of employers to which he has been sent by authority of the Ministry of Munitions. Cases of irregular timekeeping, discipline, dec., can be dealt with by the firm in exactly the same manner as those of other employees of the firm. PAYMENT. 189 V. ABSENCE FROM WORK WITHOUT REASONABLE CAUSE. 16. In any case in which an Army Reserve Munitions Worker is absent from his work without good and sufficient reason, the employer should at once report the circumstances to the nearest Employment Exchange on Form A.R.M.W. 5c. VI. FORMS. 17. Forms A.R.M.W. SA, 5s, 5c, 5n can be obtained by an employer on application to the nearest Employment Exchange. Form A.R.M.W. 51 (Accounts Form) can be obtained on application to The Secretary, Ministry of Muni- tions, 6 Whitehall Gardens, London, S.W. VII. INSTRUCTIONS AS TO CALCULATION OF RATES OF PAYMENT OF ARMY RESERVE MUNITIONS WORKERS. (A.) TIME RATE. An Army Reserve Munitions Worker who signed Form A.R.M.W. 1 on enrolment is entitled to be paid at the rate of lOd. per hour in the establishment to which he is trans- ferred, or at the standard rate of wages for his class of work for the district in which that establishment is situated. Employers to whose service the workman is transferred should accordingly pay him at their district rate unless instructions are in due course issued by the Ministry- authorising the firm to pay him at a higher rate. ^.n Army Reserve Munitions Worker who signed Form A.R.M.W. 2, on enrolment should on transfer be paid at the rate of 7d. per hour or at the rate current at the job upon which he is employed in the establishment to which he is transferred whichever rate is the higher. Workmen of this class should, therefore, be paid at the rate current for their class of work in the establishment to 190 ARMY RESERVE MUNITIONS WORKERS. which they are transferred pending receipt of any authority from the Ministry to pay them at a higher rate of wages. (B.) PnscB WORK. (i) Piece iiroric paid independently of time rates, i.e., at piece prices per job. Where an Army Reserve Munitions Worker is employed in the establishment to which he is transferred wholly upon piece work, for which he is paid at piece prices per job he should be paid the piece work rate of that establishment, provided that for any week during which he works the normal number of hours and fails to earn as much as his enrolment rate, his earnings should be made up to that rate, the difference between the amount actually earned and his enrolment rate being recoverable from the Ministry. No claim for the difference in rate can be entertained in respect of amounts earned at piece rates in extra time. (ii) Piece work based on time rates or premium bonus. Where an Army Reserve Munitions Worker is employed in the establishment to which he is transferred on piece work based on a time rate, or on premium bonus, his earn- ings should be calculated on the current time rate for his class of work or upon his enrolment rate, whichever is the higher. Any difference between the amount of the workman's earnings, based on his enrolment rate, and the amount which he would earn were payment for such piece work or premium bonus based on the rate current in the establish- ment to which he is transferred, is recoverable from the Ministry. (iii) Partial Piece work. Where an Army Reserve Munitions Worker is sometime* employed upon piece work and sometimes upon time work in the establishment to which h- i> transferred, he should be paid when upon time work in accordance with the terms of paragraph (A) above and when upon piece work according to sub-section (i) above. PAYMENT. 191 (iv) Tonnage rate. Where an Army Reserve Munitions Worker is paid at a tonnage rate in the establishment to which he is trans- ferred he should receive the rate current in that establish- ment for his class of work provided that for any week during which he works the normal number of hours and fails to earn as much as his enrolment rate, his earnings should be made up to that rate, the difference between the amount actually earned and his enrolment rate being recover- able from the Ministry. (C.) OVERTIME AND NIGHT SHIFT. An Army Reserve Munitions Worker should be paid for night shift and overtime on the basis of the rate at which he ought to be paid for ordinary time but subject to the proportionate increase for night shift and overtime, and to the other condition prevailing in the establishment to which he has been transferred. VIII. REGULATIONS CONCERNING PAYMENT OF SUBSISTENCE ALLOWANCE. An Army Reserve Munitions Worker is entitled to receive payment of subsistence allowance at the rate of 2s. 6d. per day if on investigation he is found to have dependants for whose maintenance he is responsible and from whom he is obliged to be separated owing to his transfer as an Army Reserve Munitions Worker by direction of the Ministry. It will, therefore, be necessary that the firm to whose service an Army Reserve Munitions Worker is transferred should state, if possible, whether the workman's employ- ment in their establishment obliges him to reside apart from his dependants. This information should be supplied on Form A.R.M.W. 5A. Whether the workman actually contributes to the support of dependants will be ascertained by the Ministry, who in due course will inform the firm whether the workman is entitled to payment of subsistence allowance. 192 ARMY RESERVE MUNITIONS WORKERS. (A.) PAYMENT OF SUBSISTENCE ALLOWANCE TO WORKERS NORMALLY ENTITLED TO RECEIVE SUCH ALLOWANCE, FOR PERIODS OF HOLIDAY OR ABSENCE FROM WORK. (1) During a general holiday or a holiday given for the employer's convenience or specially granted by the employer, the workman should receive the amount of any retention fee which he may have to pay in order to retain his lodgings. (2) Where an Army Reserve Munitions Worker is absent from work for his own convenience and not on account of illness without permission from his employer or good reason, no subsistence allowance should be paid to him. If he is so away for half a day he should forfeit one day's sub- sistence allowance. (3) Where a workman goes away for the week-end he should be paid full allowance provided that he works on Saturday and returns to work on Monday morning. Should he not return to work till Monday afternoon or Tuesday morning, he should forfeit one day's subsistence allowance, but should receive the allowance for Saturday and Sunday. (4) Where an Army Reserve Munitions Worker is absent from work on account of illness, and remains in his lodg- ings and produces a medical certificate, if required, he should be paid full subsistence allowance. (5) Where an Army Reserve Munitions Worker has to return to his home on account of illness and produces a medical certificate to that effect, if required, and it seems clear that he will have to be absent for more than one week, he should give up his lodgings. In such cases, subsistence allowance will not be payable for the period of absence, but the workman's fare home and back and any fee which it may be necessary for him to pay on account of his having to give up his lodgings at short notice, should be allowed. Recovery of such payments should be claimed by the workman's employers from the Ministry. (B.) VISITS OF DEPENDANTS TO ARMY RESERVE MUNITIONS WORKERS TO WHOM PAYMENT OF SUBSISTENCE ALLOW- ANCE HAS BEEN AUTHORISED. The Ministry will raise no objection as far as the payment AGREEMENT No. 1. 193 of subsistence allowance is concerned, to the dependant of a workman paying him a few days' visit. IX. CHILDREN'S ALLOWANCE. Whether an Army Reserve Munitions Worker is entitled to receive payment of children's allowance will be decided by the Ministry, and no payment of such allowance should be made to any worker by his employers unless they receive an authority from the Ministry to pay the allowance. Ministry of Munitions of War, Labour Supply Department, 6 Whitehall Gardens, London, S.W. October, 1916. TERMS OF AGREEMENT, A.R.M.W. 1, REFERRED TO IN PARA. 3 OF THIS MEMORANDUM. In accordance with arrangements which have been made by the Minister of Munitions with the Army Council, I hereby agree to undertake work for war purposes in the employment of any firm of employers which may be named by the Minister of Munitions, and to remain in such employment during the War for so long as is required by the Minister in accordance with the following condi- tions : 1. The rate of wages which I shall receive whilst I am in such employment shall be a rate of lOd. per hour or the standard rate, if any, of the district where I am employed, whichever rate is the higher. 2. I shall receive over and above my wages the following allow- ances : (a) Children's allowance : An allowance of 2s. 6d. per week if I, at the date of signing this agreement, have four and not more than five children who being sons are under fourteen and being daughters are under sixteen years of age. An allowance of 5s. per week if I, at the date of signing this agreement, have six or more children who being sons are under fourteen and being daughters are under six- teen years of age. (b) When railway travelling is necessitated by my being instructed to report for duty in the employment of 194 ARMY RESERVE MUNITIONS WORKERS. any firm which may be named by the Minister, or to transfer subsequently to some other employ- ment, a free Railway Warrant to enable me to take up such employment. (c) A subsistence allowance at the rate of 2s 6d. per day for 7 days per week if on investigation I am found to have dependants for whose maintenance I am responsible and from whom I am obliged to be separated owing to my being employed by a firm of employers named by the Minister; or (d) If within daily travelling distance from my home (exceeding half-an-hour each way) the value of workman s tickets and one hour's travelling time ' per day at the rate of time-and-a-half ; or (e) If within travelling distance from my home (not exceeding half-an-hour), the cost of workman's tickets. I understand that the allowances to which I am entitled by this undertaking will be paid to me by the firm by whom I am employed, with my wages. I understand that I am liable to return to Military Service at any time that I cease to be employed by any firm named by the Minister of Munitions, or if I am ordered to report myself for service with the Colours by the competent Military Authority. Signed In the presence of Date 191 TERMS OF AGREEMENT. A.R.M.W. 2, REFERRED TO IN PARA. 3 OF THIS MEMORANDUM. In accordance with arrangements which have been made by the Minister of Munitions with the Army Council, I hereby agree to undertake work for war purposes in the employment of any firm of employers which may be named by the Minister of Munition* and to remain in such employment during the war for so long as is required by the Minister, in accordance with the following con- dition* : 1. The rate of wage* which I shall receive whilst I am in such employment shall be a rate of 7d. per hour or that current at the job upon which I am employed, whichever rate is the higher. 2. I shall receive over and above my wages the following allowance* : (a) Children's allowance: An allowance of 2s. 6d. per week if I, at the date of signing this Agreement, have four and not more than five children who AGREEMENT No. 2. 195 being sons are under fourteen and being daughters under sixteen years of age. An allowance of 5s. per week if I, at the date of signing this Agree- ment, have six or more children who being sons are under fourteen and being daughters are under sixteen years of age. (b) When railway travelling is necessitated by my being instructed to report for duty in the employment of any firm which may be named by the Minister or to transfer subsequently to some other employ- ment, a free Railway Warrant to enable me to take up such employment. (c) A subsistence allowance at the rate of 2s. 6d. per day for seven days per week if on investigation I am found to have dependants for whose mainten- ance I am responsible and from whom I am obliged to be separated owing to my being employed by a firm of employers named by the Minister. I understand that the allowances to which I am entitled by this undertaking will be paid to me by the firm by whom I am employed, with my wages. I understand that I am liable to return to Military Service at any time that I cease to be employed by any firm named by the Minister of Munitions, or if I am ordered to report myself for service with the Colours by the competent Military Authority. Signed In the presence of Date 191 APPENDIX XI. SUMMARY OF DECISIONS IN THE APPEAL TRIBUNALS, 1916. I. Apprentices, 199 II. Bad Timekeeping, 202 III. Dismissal Without Notice, 204 IV. Fair Wages Clause, 208 V. Leaving Certificate, - 209 VI. Munitions Tribunals, 216 VII. Munitions Volunteer, 218 VIII. Munitions Work, 219 IX. Order, Hth July, 1915, 222 X. Strikes, - 223 XI. Sunday Work, 223 XII. Suspension of Trade Rules and Customs, - 224 XIII. Wages not Earned for more than Two Days, - 225 XIV. Working Conditions Changed, - 228 XV. Working Rules : Breach of, - 228 ABBREVIATIONS. E.A.R. - English Appeal Report*. S.A.R. = Scottish Appeal Report*. APPENDIX XL I. APPRENTICES. General Position. In an application in Scotland by a time-expired appren- tice, a local tribunal discussed the general relation of appren- tices to the Munitions Act, and stated the principle on which the local tribunal dealt with applications for leaving certifi- cates by apprentices to be (1) that the whole circumstances must be taken into consideration in determining where the applicant can best render service to the nation; (2) that, where the applicant has not completed his term, the pre- sumption is that he can best serve by remaining in his present employment, and unless that presumption is rebutted by evidence a leaving certificate should be refused; and (3) that when he has completed his term, the tribunal, in the absence of evidence that it is in the national interest to retain him, should grant a leaving certificate. In an appeal by the employers the appeal judge approved of these rules " The appellants maintain that if an employer offers the " standard rate of wage as they do in this case the appren- " tice is still bound to them. I cannot take that view. The " rate of wage is a factor to be taken into consideration, " but it is not, I think, conclusive. The whole circum- " stances must be taken into consideration, and among them " the fact that, if he is permitted to perfect his education " in new surroundings, the nation will benefit indirectly. " I agree that, in the case of an ordinary workman, the " presumption is that he can serve best in his present em- "ployment; but, in the case of an apprentice who has " recently completed a term of apprenticeship, I think the " presumption is the other way. The respondent is there- " fore entitled to his certificate, unless the appellants can " show that it is in the national interests that he should 200 SUMMARY OF DECISIONS Apprentices continued. " remain with them. They have failed to satisfy the tribunal " on that point, and it is a matter of fact, on which the " tribunal are conclusive." (Per Lord Dewar.) M'Kie & Baxter \. Barrie, 1916, S.A.R., vol. i., p. 23. In a subsequent case in England, the appeal judge, refer- ring to the decision in M'Kie & Baxter v. Barric, re- marked " I do not read the case as laying down any " proposition of law, for it appears to be plain that the " matter cannot be decided as a question of law, but as a " question of fact to be determined upon considerations of " industrial conditions rather than upon the consideration of " legal propositions. I am clearly of opinion that no " such proposition applies as a matter of law, so far as " English tribunals are concerned. Certainly one would " have thought it was not in accordance with the usual " practice for apprentices to leave their employment when " they have completed their term of apprenticeship, and " one knows that, both before and since the war, agreements " between trade unions and employers have regulated the " relations of masters and their apprentices who have re- " oently completed their articles, and the wages to be paid " to such ex -apprentices. One knows too, that, in the ' engineering trade, the workmen are well protected by a " powerful trade union, and I should be rather surprised, "if it were to the advantage of apprentices generally to " leave their employment at once, to find that some such " provision should not be made, and I think that the pro- " visions that are made are rather as an inducement to ' the apprentice to remain in his employment than other- " wise. I think it is sufficient to say that there is no prin- " oiple of law which compels a tribunal to consider the " matter as concluded by a presumption of fact one way or ' the other. The tribunal has, I think, to take all the " matters which come before it into consideration, and, " having weighed them, it has to say whether or not, in a " particular case, the conduct of the employer is reasonable IN THE APPEAL TRIBUNALS. 201 Apprentices continued. "or unreasonable in refusing the certificate." (Per Mr. Justice Atkin.) Dines v. Mumford, Limited, 1916, E.A.R., vol. i., p. 183. Standard Rate of Wages. In a district a custom prevailed that young men, out of their apprenticeship, but not yet twenty- three years of age, should be paid less than the minimum district rate for ordinary workmen. A young journeyman of twenty-one claimed a leaving certificate on the ground that he was not being paid the " full standard rate of wages applicable to "fully qualified workmen in his trade" (1916 Act, section 5 P7L (5)). It was held that the phrase " full standard rate of " wages " means the rate of the trade, not the district rate, and that the phrase " fully qualified workmen " meansi work- s. 5 (5), p. 71. men completely qualified and who are not under disability from earning full wages by reason of age or skill or experience. Curnock v. Butler & Co., 1916, E.A.R., vol. i., p. 52. A young journeyman, in a trade where it was the custom that an ex-apprentice was for two years paid a lower wage than a workman two years or more out of his apprenticeship, claimed a leaving certificate on the ground that he desired to obtain the full standard rate; that he possessed greater ekill than was required for the work he was doing ; and that he could hi fact obtain elsewhere the full standard rate of a fully qualified workman. The chairman of the local tribunal expressed the view that, as the applicant had taken the advantage of the trade agreement, he should observe the condition as to wages between twenty-one and twenty- three. It was held that the agreement by itself did not outweigh the statutory enactment. " If the matter rested " merely upon the existence of an agreement, I do not think "the tribunal would be entitled, looking merely to the P 202 SUMMARY OF DECISIONS Apprentices continued. " existence of the agreement, and taking into account the " statutory consideration, to come to a decision that the " agreement in itself was sufficient to outweigh the statutory "consideration." (Per Mr. Justice Atkin.) But the exist- ence of a trade agreement creating a custom or practice should be regarded along with all the other circumstances. Padgett v. Hornsby P- 82t A workman in the service of a firm of wagon builders was substantially engaged upon the work of repairing wagons, although some part of his time was spent in lifting wagons. The wagons were for the use of collieries, for the conveyance of their coal on the railway main lines. The workman sought a leaving certificate on the ground that, as a skilled workman, he ought to be employed only at his own trade, and that wagon lifting in which he was partially engaged was labourer's work. The local tribunal held that the workman was not substantially employed on " munitions work." On appeal it was held that the work of repairing such wagons 220 SUMMARY OF DECISIONS Munitions Work continued. is "munitions work." "Munitions work includes vehicles, " which, although not intended for use in war, are yet suit- " able and can be used for that purpose. The carrying on " of war is made possible by the carriage of war material " from innumerable factories to an almost endless length " of trenches, and by the carriage of raw materials, including " coal, to the factories, to enable them to manufacture war " material. The war cannot be carried on without the use " of railway wagons. To hold that railway wagons are 8. 9 (1) (a), p. " not vehicles intended or adapted for use in war would be " to put too narrow a construction upon the words." (Per Mr. Justice Atkin.) The case having been adjourned that the Minister of Munitions might be notified, further argu- ment took place, in which it was contended that the onus of showing that a particular class of work is munitions work rests upon the party founding upon section 9 (1), and that, as regards the railway wagons in question, that, until it had been shown, as it had not, that they were likely to be used in war, it had not been made out that they were " adapted for use in war " any more than that they were adapted for use in peace. The appeal tribunal held that the words " for use in war " were not limited to use in the area of warlike operations, but that use at home brought the manufacture or repair of such wagons within the definition. " The question remains were they adapted for use in war. " What is the meaning of 'adapted ' in this context? I " cannot accept the view contended for that ' adapted ' here " means made fit by some alteration in structure or design. " Such a meaning assorts ill with the preliminary words " ' manufacture or repair of articles adapted,' and I think " is plainly inadmissible. ' Adapted for use ' means, I think, "suitable for use." (Per Mr. Justice Atkin.) It was held accordingly that the workman was engaged on or in connec- tion with " munitions work " within the meaning of section 9 (1) (a). Shaw v. Lincoln Wagon and Engine Com- pany, Limited, 1916, E.A.R., vol. i., p. 11. IN THE APPEAL TRIBUNALS. 221 Munitions Work continued. Workmen employed in the locomotive repair works of a railway company, repairing railway engines, held to be em- ployed on munitions work, in respect that railway locomotives s. 9 (1) (a), p. are articles intended or adapted for use in war. " The ques- 82- "tion is whether or not railway engines used by a railway " company are articles intended or adapted for use in war, "so as to constitute the repair of such railway engines "munitions work within the meaning of section 9 of the "Act of 1916. I have already decided, in Shaw v. Lincoln " Wagon and Engine Company, that ordinary coal wagons "used on railways are such articles, and it seems to me to " follow as a matter of course that railway engines are also " articles which are adapted for use in war, within the mean- " ing of the construction that I put upon those words in Shaw "v. Lincoln Wagon Company." (Per Mr. Justice Atkin.) Briggs, &c. v. London and South-Western Railway Company, 1916, E.A.R., vol. i., p. 43. Workmen were employed by a firm, the bulk of whose business was the manufacture of girders or constructional steel work, which they supplied to another firm who used the articles so supplied to them for the construction or repair of buildings in which munitions work was or was in- tended to be carried on. But, under their contract with the construction firm, the manufacturers of the steel girders, &c., not only supplied the constructional steel work, but undertook to fit it up. This was held to be substantially a contract for construction of buildings, and so to be munitions work within the meaning of section 9 (1) (6). S. 9 (1) (6), p. 82. Sandberg, &c. v. Dawnay & Sons, Limited, 1916, E.A.R., vol. i., p. 70. 222 SUMMARY OF DECISIONS IX. ORDER, 14th JULY, 1915. (MEANING OF.) Se Order, NOTH. This order, made under section 7, applies the leaving certificate provision of the Act to " any " establishment being a factory or a workshop " the business carried on in which consists wholly " or mainly in engineering, shipbuilding, or the " production of arms, ammunition, or " explosives, or of substances required for the "production thereof." A firm manufactured insulating materials for use in connection with the construction of electrical machinery, and also, out of that material, made various parts of the electrical machinery itself, using in the process a number of machines; the bulk of the output being made to Admiralty and War Office specifications. Held that the work of this firm fell within "engineering " as that term is used in the order. Mayne v. Micanite and Insulators Company, Limited, 1916, E.A.R., vol. i., p. 1. A firm employed a workman without seeing a leaving certificate. He had come from the establishment of a firebrick and tile manufacturer. The local tribunal con- victed the firm who had engaged him of contravention of section 7. On appeal this was reversed, on the ground that the order of 14th July, 1915, only applied to a factory or workshop, and that as the evidence showed that ihe workman had not been employed in a factory or workshop, but was emj'lnvt . <'><> Penalty for failure to comply with, - 43, 48 INDEX. 235 BAD TIMEKEEPING : PAGE Cases relating to, - - 203 BADGES : Rules relating to, 171-174 Penalty for breach of Rules, - - 47, 49 BALANCE SHEET : Of Controlled Establishment Adjustment of, - 97 BALLOON FABRIC : " Munitions work," 181 Order, 14th February, 1916, - - 181 BARRACKS : Order, 12th November, 1916, applying s. 7 to work at, - - 178 Bennett v. King's Norton Metal Company (s. 5 (2), meaning of " days "), - - 25, 26, 225 BOARD OF TRADE: Powers and duties in trade disputes, - 59-60 Boyns v. Mowlem & Co. (compensation for dismissal), 206 236 INDEX. BONUS : PAGE Meaning of, 10 When reckoned as part of wages, 219 Binns v. Nasmyth, Wilson