15. Representation on joint committees to be equal when considering adjustment of differences.
Whenever a Joint Committee on Industrial Coöperation and Conciliation is called upon to act with reference to any difference, except by the consent of all present the joint committee shall not proceed with any important part of its duties unless both sides are equally represented. Where agreeable, equal representation may be effected by the withdrawal of one or more members from the side of the joint committee having the majority.
16. Umpire to act with joint committees in certain cases.
Should the Joint Committee on Industrial Coöperation and Conciliation to which a difference may have been referred fail to reach a majority decision in respect thereto, if a majority of its members so agree, the joint committee may select as umpire a third person who shall sit in conference with the committee and whose decision shall be binding upon all parties.
17. Arbitration or investigation in certain cases.
In the event of the Joint Committee on Industrial Coöperation and Conciliation failing satisfactorily to adjust a difference by a majority decision or by agreement on the selection of an umpire, as aforementioned, within ten days of a report to the president of the failure of the joint committee to adjust the difference, if the parties so agree, the matter shall be referred to arbitration, otherwise it shall be made the subject of investigation by the State of Colorado Industrial Commission, in accordance with the provisions of the statute regulating the powers of the commission in this particular. Where a difference is referred to arbitration, one person shall be selected as arbitrator if the parties can agree upon his selection. Otherwise there shall be a board of three arbitrators, one to be selected by the employees’ representatives on the Joint Committee of Industrial Coöperation and Conciliation in the district in which the dispute arises, one by the company’s representatives on this committee, and a third by the two arbitrators thus selected.
By consent of the members of the Joint Committee on Industrial Coöperation and Conciliation to which a difference has been referred, the Industrial Commission of the State of Colorado may be asked to appoint all of the arbitrators or itself arbitrate the difference. The decision of the sole arbitrator or of the majority of the Board of Arbitration or of the members of the State of Colorado Industrial Commission when acting as arbitrators, as the case may be, shall be final and shall be binding upon the parties.
18. Protection of employees’ representatives against discrimination.
To protect against the possibility of unjust treatment because of any action taken or to be taken by them on behalf of one or more of the company’s employees, any employees’ representative believing himself to be discriminated against for such a cause shall have the same right of appeal to the officers of the company or to the Joint Committee on Industrial Coöperation and Conciliation in his district as is accorded every other employee of the company. Having exercised this right in the consecutive order indicated without obtaining satisfaction, for thirty days thereafter he shall have the further right of appeal to the Industrial Commission of the State of Colorado, which body shall determine whether or not discrimination has been shown, and as respects any representative deemed by the Commission to have been unfairly dealt with, the company shall make such reparation as the State of Colorado Industrial Commission may deem just.