At the Government House at Ottawa Tuesday, the 18th day of June, 1946.
The Governor General in Council:
Whereas upon a dispute arising between certain operators of several logging camps, saw mills, woodworking plants, shingle and planing mills and sash and door mills in the province ot British Columbia, and the employees in those camps, plants and mills who are members of International Woodworkers of America, the Honourable G. McG. Sloan, chief justice of British Columbia, was appointed an industrial disputes enquiry commissioner to inquire into and report on the said dispute as the same concerns wage rates and other conditions of employment;
And whereas on the fifteenth day of May, 1946, the said International Woodworkers of America, acting on behalf of the said employees, declared a strike whereupon the employees -went on strike, and since the said date have continued to be on strike;
And whereas the Honourable George S. Pearson, minister of labour for the province of British Columbia, has advised that in consequence of the continued work stoppage resulting from the said strike, wooden containers are not now available for use in harvesting and marketing the fruit and vegetable crop of that province, and, further, that unless sufficient quantities of such wooden containers are made available immediately for such use, great loss will be sustained by the fruit and vegetable growers in the province and great waste of essential food will result;
And whereas the said Honourable George S. Pearson recommends that a controller be appointed to take charge of and to operate such and as many of the said camps, mills and plants a_s he considers necessary to produce the requisite quantities of the required types and sizes of the said wooden containers for the uses aforementioned, and, further, that the controller shall have power to direct the said employees or any of them to return to work;
Therefore, his excellency the governor general in council, on the recommendation of the Minister of Labour, and under the authority of the National Emergency Transitional Powers Act, 1945, is pleased to make and doth hereby make the following order:
1. Gordon Bell, esquire, of the city of Vancouver, in the province of British Columbia, financial agent, is hereby appointed controller of the business, undertaking and establishment of every person, firm or corporation in the said province, engaged in the operation of a saw mill or woodworking plant and in particular every woodworking plant normally engaged in the manufacture of wooden containers for use in the harvesting and marketing of fruit and vegetables or of a logging camp normally engaged in the supply of logs for any such plant.
2. The said controller shall have the custody and control over the property and assets of any such person, firm or corporation as he, in his uncontrolled discretion and judgment, may deem necessary in order to manage, operate and carry
on the business of such person, firm or corporation, and he shall, for such purposes, have and exercise the powers, authorities and rights of the board of directors of any such corporation.
3. The controller shall exercise the foregoing powers and authorities subject to such instructions and directions, if any, as may from time to time be approved by the Minister of Labour for Canada.
4. The Minister of Labour for Canada may, for purposes of this order, from time to time appoint one or more deputy controllers who shall have and exercise any and all of the powers conferred on the controller subject to any restrictions thereof which the controller may from time to time impose and subject, in all cases, to review by the controller.
5. The controller, any deputy controller or any person acting for or on behalf of or under the authority of the controller shall not become liable to any person for anything done or omitted in the exercise or purported exercise of any powers or authority from time to time vested in or conferred upon the said controller.
6. The authority of the controller shall commence at 12 o'clock noon, the 19th day of June, 1946, and shall continue until the same is revoked by order in council which shall be published in the Canada Gazette.
7. The authority of the board of directors of any corporation affected by this order is, subject to section 10 of this order and insofar as the same is abrogated by or pursuant to section 2 of this order, suspended from 12 o'clock noon, the 19th day of June. 1946. until the powers, authority and rights of the controller in respect of such corporation shall be revoked.
8. It shall be the duty of every person who was in the employ of any such person, firm or corporation on or immediately prior to the 15th day of May, 1946, to perform the duties of his employment as and when required to do so by the controller and he shall continue to perform such duties until the authority of the controller is revoked: and every person who fails to perform liis duties as aforesaid as hereinafter required without lawful excuse, the onus of proof of which is upon him. is guilty of an offence and liable upon summary conviction to a fine of $20 for each day or part of a day in which he fails so to perform his duties.
9. Each and every person who was in the
employ of any person, firm or corporation affected by this order shall forthwith return to his place of employment and shall be paid wages at the rate in effect for him on the 15th dav of May, 1946. -
10. The Minister of Labour for Canada shall request the said commissioner, the chief justice of British Columbia. G. McG. Sloan, to commence his duties as commissioner; and the bargaining representatives oi the aforesaid employees and each person, firm or corporation concerned herewith shall enter into negotiations with a view to the settlement of the matters presently in dispute between them, and shall negotiate in good faith with one another and make every reasonable effort to conclude a settlement. If by reason of such further negotiations, the parties agree upon an amount as an increase in the wage rates for the said employees, such increase shall, subject to the approval of the regional war labour board for British Columbia, be effective as and from the date upon which the employee returns to work.