LIST OF CASES CITED Amalgamated Society of Railway Servants v. Osborne, 1910, A.C. 87. Barnes v. Nunnery Colliery Co., 1912, A.C. 44 Hughes v. Clover Clayton & Co., 1910, A.C. 242 Lyons v. Wilkins, 1896, 1 Ch. 84 . McNaughton v. The Caledonian Railway Company, 19 Ct. Sess. Cas. 273, 20 Ibid. 160. Plumb v. Cobden Flour Mills Co., 1914, A.C. 62 Quinn v. Leatham, 1901, A.C. 495 Richardson v. Morris, 110 L.T. 496 Smith v. Baker, 1891, A.C. 325 Taff Vale Case, 1901, A.C. 426 PAGE 319 113 100 114 III 99 103 46 316 100 114 Tarrant v. Webb, 18 C.B. 797 Temperton v. Russell, 1893, I Q.B. 715 . 316, 317 98 315 113 ADDENDA Pp. 38-39.-Interference by Statute with Hours of Work of Adult Men UNDER the Regulation of Railways Act, 1889, Section 4, every Railway Company must make periodical returns to the Board of Trade as to the persons in the employment of the Company whose duty involves the safety of trains or passengers, and who are employed for more than such number of hours at a time as may be from time to time fixed by the Board. The Board has power from time to time to give directions as to the form and contents of such returns and the intervals at which they must be made. Under the Railway Regulation Act, 1893, Section 1, if it is represented to the Board of Trade by or on behalf of the servants, or any class of the servants, of a Railway Company (excluding any servant who is wholly employed in clerical work or the Company's workshops), that the hours of labour of those servants, or of that class, or in any special case of any particular servants engaged in working the traffic, are excessive, or do not provide sufficient intervals of rest between the periods of duty, or sufficient relief in respect of Sunday duty, the Board must inquire into the representation. If it appears to the Board either on such representation or otherwise that there is reasonable ground for such complaint, it must order the Company to submit to the Board, within a specified period, such a schedule of time for the duty of the servants or of any class of the servants of the Company as will in the opinion of the Board bring the actual hours of work within reasonable limits, regard being had to the circumstances of the traffic and the nature of the work. If the Company fails to comply with such order or to enforce the provisions of any approved Schedule, the Board may refer the matter to the Railway and Canal Commissioners, who can make a final order on the Company. Failure to comply with an order of the Commissioners or to enforce a schedule of hours approved by them renders the Company liable to a fine of £100 per diem. P. 87.-Relationship of Piece-Rates to Day-Rates in the Case of Women A striking confirmation of what is said on this point as regards women workers in the Midlands is contained in an Agreement dated November 16, 1915, and made between the Midland Employers' Federation and the Workers' Union with reference to Wages of Female Munition Workers in the Birmingham area. The third clause of that agreement sets out a schedule of dayrates graded according to age. The fifth clause runs as follows: (a) No general advance on piece-work prices. (b) It is understood that the Munitions Act does not permit of any restrictions of earnings or output, but in the fixing of a piece-price it is expected that the price will yield not less than 25 per cent on day-rates to a competent worker. Clause (b) is not very clearly drafted, and the words " a balance of " should be read in after the words will yield"; the aim of the clause is to secure " time and a quarter " for female piece-workers. P. 289 and pp. 316-318 The term 'trade dispute' is defined in both the National Insurance Act, 1911, Section 107, and the Trade Disputes Act, 1906, Section 5. The definition is substantially the same in both Acts, but the wording in the former Act is the more concise, and runs as follows: The expression 'trade dispute' means any dispute between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment, or the terms of employment, or with the conditions of labour, of any persons, whether workmen in the employment of the employer with whom the dispute arises or not. |