Catalogue description Records of Industrial Relations Departments

Details of Division within LAB
Reference: Division within LAB
Title: Records of Industrial Relations Departments
Description:

Records relating to industrial relations, including those of specific Arbitration Tribunals.

Registered files of the Arbitration Tribunals are in LAB 3, with those of the Industrial Relations Department in LAB 10 and those of the Central Information Service in LAB 118.

Date: 1895-1986
Legal status: Public Record(s)
Language: English
Creator:

Department of Employment and Productivity, Industrial Relations Divisions, 1968-1970

Department of Employment, Industrial Relations Divisions, 1970-1973

Ministry of Labour and National Service, General Department, Industrial Relations Division, 1939-1942

Ministry of Labour and National Service, Industrial Relations and Trade Boards Department, 1945-1946

Ministry of Labour and National Service, Industrial Relations and Wages Boards and Councils Department, 1951-1959

Ministry of Labour and National Service, Industrial Relations and Wages Councils Department, 1946-1951

Ministry of Labour and National Service, Industrial Relations Department, 1942-1945

Ministry of Labour, General Department, Industrial Relations Division, 1929-1939

Ministry of Labour, Headquarters Department, 1917-1918

Ministry of Labour, Industrial Relations and Wages Councils Department, 1960-1964

Ministry of Labour, Industrial Relations Department, 1920-1929

Ministry of Labour, Industrial Relations Departments, 1964-1968

Ministry of Labour, Wages and Arbitration Department, 1918-1920

Physical description: 3 series
Administrative / biographical background:

Before 1917, the government's limited role in industrial disputes was handled by the Board of Trade mainly under the Conciliation Act of 1896. From 1911 these powers were exercised by the Chief Industrial Commissioner, Sir George Askwith. He chaired the Committee on Production, established in 1915 to prevent wartime industrial conflict.

In January 1917, the Commissioner's Office was transferred to the newly created Ministry of Labour. Initially, all aspects of industrial relations work were dealt with by the Headquarters Department though initially overlapping with the Ministry of Munitions's Labour Department which worked through munitions tribunals. Following the abolition of the Ministry of Munitions, some of the tribunals' work passed to the Solicitor's Department, but the chief industrial commissioner's powers and most labour regulation functions passed to the Wages and Arbitration Department, set up in 1918.

The Wages and Arbitration Department merged with the Headquarters' Joint Industrial Council's Division in 1920 and was renamed the Industrial Relations Department. From 1929 to 1942 it formed the Industrial Relations Division under the General Department, then it regained independent status.

In 1918 the Committee on Relations between Employers and Employed recommended the creation of Joint Industrial Councils (commonly called Whitley Councils). Between 1918 and 1921, the ministry supervised the creation of over a hundred joint councils, though less than half survived the 1926 General Strike. In 1918 legislation empowered the departments to aid in the creation of trade boards. Though nominally under the Industrial Relations Departments the Office of Trade Boards, was virtually autonomous within the ministry. Further legislation involved departments in the restoration of pre-war practices. Policy was implemented by teams of conciliation officers under the direction of the Regional Industrial Relations Officer.

In 1919, the Industrial Courts Act 1919 extended ministerial power to intervene in disputes. The Act created the permanent and independent Industrial Court for arbitration and established a Civil Service Arbitration Tribunal to deal with disputes involving civil servants on the same terms. Court. The Industrial Court consisted of a president and a representative each of the employers and the workers. The Minister of Labour (later the Secretary of State for Employment) could refer industrial disputes to the Court, with the consent of both parties, after they had failed to reach a settlement through the established agreed procedures. The Act also allowed for the creation of a special Courts of Inquiry into specific trade disputes. The Act's powers were rarely used without the specific invitation of one of the parties involved. Instead joint negotiation to settle disputes was encouraged.

Voluntary arbitration was again abandoned with the outbreak of the Second World War. In autumn 1939 the National Joint Advisory Council (NJAC) was created to advise ministers and to ensure the co-operation of with wartime regulations. It was composed of representatives of the British Employers Federation and the Trades Union Congress.

The National Arbitration Tribunal (NAT) was established by the Conditions of Employment and National Arbitration Order (SR and O No 1305) 1940. This Order outlawed strikes and lockouts, unless first referred to the minister and gave NAT decisions the force of law. Unwilling parties could be compelled to go to arbitration, strikes and lock-outs were prohibited while a dispute was being handled. Decisions of the Tribunal were binding on both sides.

Joint production committees were encouraged at a factory level to minimise disputes and trade boards were promoted for establishing minimum wages in more industries. In 1942 the Industrial Relations and Trade Boards Departments were raised to the level of autonomous divisions within the ministry.

In 1951, the Industrial Disputes Tribunal replaced the National Arbitration Tribunal under the terms of the Industrial Disputes Order (SI No 1376) 1951. This lifted the prohibition on strikes and lock-outs and allowed only recognised parts of the voluntary negotiating machinery, that is, a recognised employer, employer's association or trade union, to refer a case to the minister for arbitration. The time limit imposed on the minister for referring a dispute to the Tribunal was reduced to fourteen days, though this was usually extended.

The obligations imposed on employers to observe recognised terms and conditions of employment was generally discontinued. However, rather than reference to the Industrial Court provision was introduced for the examination of 'issues' to decide whether a particular employee or employer should observe such conditions.

The Industrial Disputes Order 1951 was revoked in March 1959 by Order in Council, but certain features referring to the observance of industrial agreements were embodied in section 8 of the Terms and Conditions of Employment Act 1959.

In 1968, with the demise of the Ministry of Labour, the Industrial Relations Departments were incorporated into the Department of Employment and Productivity as Industrial Relations Divisions. Powers relating to the Industrial Court passed to the Secretary of State for Employment.

In 1971, the Industrial Court was renamed the Industrial Arbitration Board, which in turn became the Central Arbitration Committee in 1976.

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