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the same to the legislature; and such abstracts shall be printed compactly in one volume,
SECTION 4. No use shall be made in said reports of the names of individuals, firms or corporations, supplying the information called for by this act, such information being deemed confidential, and not for the purpose of disclosing any person's affairs, and any agent or employee of said bureau violating this provi sion shall forfeit a sum not exceeding five hundred dollars, or be imprisoned for not more than one year.
CHAPTER 194.-Exemption from attachment-Wages of seamen.
SECTION 1. No wages or lay due or accruing to any seaman shall be subject to attachment by the trustee process;
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[Amended by chapter 289, acts of 1890, as follows: "Chapter one hundred and ninety-four of the acts of the year eighteen hundred and eighty-six, exempting the wages and lay of seamen from attachment by the trustee process, shall not hereafter apply to the wages or lay due or accruing to any fisherman."]
CHAPTER 209.-Corporations-Special stock for employés.
SECTION 1. Every corporation created under the provisions of chapter one hundred and six of the public statutes, by a vote of its general stockholders at a meeting duly called for the purpose, may issue special stock to be held only by the employees of such corporation. The par value of the shares of such special stock shall be ten dollars, and the purchasers thereof may pay for the same in monthly instalments of one dollar upon each share. Such special stock shall not exceed two-fifths of the actual capital of the corporation.
SECTION 2. Whenever a dividend is paid by such corporation to its stockholders, the holders of such special stock shall receive upon each share, which has been paid for in full in time to be entitled to a dividend, a sum which shall bear such proportion to the sum paid as a dividend upon each share of the general stock of such corporation as the par value of the shares of such special stock bears to the par value of the shares of such general stock.
SECTION 3. The shares of such special stock shall not be sold or transferred except to an employee of such corporations or to the corporation itself. Any corporation issuing such special stock may provide by its by-laws as to the number of shares which may be held by any one employee, the methods of transfer and the redemption of such stock in case any person holding the same shall cease to be an employee of the corporation.
SECTION 1, (as amended by chapter 83, acts of 1890). All manufacturers, manufacturing corporations and proprietors of mercantile establishments shall forthwith send to the chief of the Massachusetts district police a written notice of any accident to an employee while at work in any factory, manufacturing or mercantile establishment operated by them whenever the accident results in the death of said employee or causes bodily injury of such a nature as to prevent the person injured from returning to his work within four days after the occurrence of the accident.
SECTION 2. Any person or corporation violating any of the provisions of section one of this act shall be punished by a fine not exceeding twenty dollars.
SECTION 3. The chief of the Massachusetts district police shall keep a record of all accidents so reported to him, together with a statement of the name of the person injured, the city or town where the accident occurred, and the cause thereof, and shall include an abstract of said record in his annual report.
CHAPTER 263.-Board of arbitration.
SECTION 1, (as amended by chapter 269, acts of 1887, and by chapter 261, acts of 1888). The governor, with the advice and consent of the council, shall, on or b.fore the first day of July in the year eighteen hundred and eighty-six, appoint three competent persons to serve as a state board of arbitration and conciliation in the manner hereinafter provided. One of them shall be an employer or selected from some association representing employers of labor, one of them shall be selected from some labor organization and not an employer of labor, the
third shall be appointed upon the recommendation of the other two: Provided, however, That if the two appointed do not agree on the third man at the expiration of thirty days, he shall then be appointed by the governor. They shall hold office for one year or until their successors are appointed. On the first day of July in the year eighteen hundred and eighty-seven the governor, with the advice and consent of the council, shall appoint three members of said board in the manner above provided, one to serve for three years, one for two years and one for one year, or until their respective successors are appointed; and on the first day of July in each year thereafter the governor shall in the same manner appoint one member of said board to succeed the member whose term then expires, and to serve for the term of three years, or until his successor is appointed. If a vacancy occurs at any time, the governor shall in the same manner appoint some one to serve out the unexpired term; and he may in like manner remove any member of said board. Each member of said board shall, before entering upon the duties of his office, be sworn to a faithful discharge thereof. They shall at once organize by the choice of one of their number as chairman. Said board may appoint and remove a clerk of the board, who shall receive such salary as may be allowed by the board, but not exceeding twelve hundred dollars a year. SECTION 2. The board shall, as soon as possible after its organization, establish such rules of procedure as shall be approved by the governor and council. SECTION 3, (as amended by chapter 269, acts of 1887). Whenever any controversy or difference, not involving questions which may be the subject of a suit at law or bill in equity, exists between an employer, whether an individual, co partnership or corporation, and his employees, if at the time he employs not less than twenty-five persons in the same general line of business in any city or town in this commonwealth, the board shall, upon application as hereinafter provided, and as soon as practicable thereafter, visit the locality of the dispute and make careful inquiry into the cause thereof, hear all persons interested therein who may come before them, advise the respective parties what, if anything, ought to be done or submitted to by either or both to adjust said dispute, and make a written decision thereof. This decision shall at once be made public, shall be recorded upon proper books of record to be kept by the secretary of said board, and a short statement thereof published in the annual report hereinafter provided for, and the said board shall cause a copy thereof to be filed with the clerk of the city or town where said business is carried on.
SECTION 4, (as amended by chapter 269, acts of 1887 and chapter 385, acts of 1890). Said application shall be signed by said employer, or by a majority of his employees in the department of the business in which the controversy or difference exists or their duly authorized agent or by both parties, and shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work without any lockout or strike until the decision of said board, if it shall be made within three weeks of the date of filing said application. When an application is signed by an agent claiming to represent a majority of such employees, the board shall satisfy itself that such agent is duly authorized in writing to represent such employees, but the names of the employees giving such authority shall be kept secret by said board. As soon as may be after the receipt of said application the secretary of said board shall cause public notice to be given of the time and place for the hearing thereon; but public notice need not be given when both parties to the controversy join in the application and present therewith a written request that no public notice be given. When such request is made, notice shall be given to the parties interested in such manner as the board may order, and the board may, at any stage of the proceedings, cause public notice to be given, notwithstanding such request. When notice has been given as aforesaid, each of the parties to the controversy, the employer on the one side, and the employees interested on the other side, may in writing nominate, and the board may appoint, one person to act in the case as expert assistant to the board. The two persons so appointed shall be skilled in and conversant with the business or trade concerning which the dispute has arisen. It shall be their duty, under the direction of the board to obtain and report to the board information concerning the wages paid and the methods and grades of work prevailing in manufacturing establishments within the commonwealth of a character similar to that in which the matters in dispute may have arisen. Said expert assistants shall be sworn to the faithful discharge of their duty: such oath to be administered by any member of the board, and a record thereof shall be preserved with the record of the proceedings in the case. They shall be entitled to receive from the treasury of the commonwealth such compensation as shall be allowed and certified by the board, together with all nec
essary traveling expenses. Nothing in this act shall be construed to prevent the board from appointing such other additional expert assistant or assistants as it may deem necessary. Should the petitioner or petitioners fail to perform the promise made in said application, the board shall proceed no further thereupon without the written consent of the adverse party. The board shall have power to summon as witness any operative in the departments of business affected and any person who keeps the records of wages earned in those departments, and to examine them under oath, and to require the production of books containing the record of wages paid. Summonses may be signed and oaths administered by any member of the board.
SECTION 5. Upon the receipt of such application and after such notice, the board shall proceed as before provided and render a written decision, which shall be open to public inspection, shall be recorded upon the records of the board and published at the discretion of the same, in an annual report to be made to the general court on or before the first day of February in each year.
SECTION 6. Said decision shall be binding upon the parties who join in said application for six months, or until either party has given the other notice in writing of his intention not to be bound by the same at the expiration of sixty days therefrom. Said notice may be given to said employees by posting the same in three conspicuous places in the shop or factory where they work.
SECTION 7, (as amended by chapter 269, acts of 1887). The parties to any controversy or difference as described in section three of this act may submit the matters in dispute, in writing, to a local board of arbitration and conciliation; such board may either be mutually agreed upon, or the employer may designate one of the arbitrators, the employees or their duly authorized agent another, and the two arbitrators so designated may choose a third, who shall be chairman of the board. Such board shall, in respect to the matters referred to it, have and exercise all the powers which the state board might have and exercise, and its decision shall have whatever binding effect may be agreed by the parties to the controversy in the written submission. The jurisdiction of such board shall be exclusive in respect to the matters submitted to it, but it may ask and receive the advice and assistance of the state board. The decision of such board shall be rendered within ten days of the close of any hearing held by it; such deci-ion shall at once be filed with the clerk of the city or town in which the controversy or difference arose, and a copy thereof shall be forwarded to the state board. Each of such arbitrators shall be entitled to receive from the treasury of the city or town in which the controversy or difference that is the subject of the arbitration exists, if such payment is approved in writing by the mayor of such city or the board of selectmen of such town, the sum of three dollars for each day of actual service, not exceeding ten days for any one arbitration. Whenever it is made to appear to the mayor of a city or the board of selectmen of a town that a strike or lockout such as described in section eight of this act is seriously threatened or actually occurs, the mayor of such city or the board of selectmen of such town shall at once notify the state board of the facts. SECTION 8, (as amended by chapter 269, acts of 1887). Whenever it shall come to the knowledge of the state board, either by notice from the mayor of a city or the board of selectmen of a town, as provided in the preceding section or otherwise, that a strike or lockout is seriously threatened or has actually occurred in any city or town of the commonwealth, involving an employer and his present or past employees, if at the time he is employing, or up to the occurrence of the strike or lockout was employing not less than twenty-five persons in the same general line of business in any city or town in the commonwealth, it shall be the duty of the state board to put itself in communication as soon as may be with such employer and employees, and endeavor by mediation to effect an amicable settlement between them, or to endeavor to persuade them, provided that a strike or lockout has not actually occurred or is not then continuing, to submit the matters in dispute to a local board of arbitration and conciliation, as above provided, or to the state board; and said state board may, if it deems it advisable, investigate the cause or causes of such controversy and ascertain which party thereto is mainly responsible or blameworthy for the existence or continuance of the same, and may make and publish a report finding such cause or causes and assigning such responsibility or blame. The board shall have the same powers for the foregoing purposes as are given it by section three of this act.
SECTION 9. Witnesses summoned by the State board shall be allowed the sum of fifty cents for each attendance, and the further sum of twenty-five cents for each hour of attendance in excess of two hours and shall be allowed five cents a
mile for travel each way from their respective places of employment or business to the place where the board is in session. Each witness shall certify in writ ing the amount of his travel and attendance, the amount duehim shall be paid forthwith by the board, and for such purpose the board shall be entitled to draw from the treasury of the commonwealth as provided for in chapter one hundred and seventy-nine of the acts of the year eighteen hundred and eighty-four.
ACTS OF 1887.
CHAPTER 103.-Factories and workshops-Health of employés.
SECTION 1, (as amended by chapter 305, acts of 1888). Every factory in which five or more persons are employed, and every factory, workshop, mercantile or other establishment or office in which two or more children, young persons or women are employed, shall be kept in a cleanly state and free from effluvia arising From any diain. privy or other nuisance, and shall be provided, within reasonable access, with a sufficient number of proper water-closets, earth-closets or privies or the reasonable use of the persons employed therein; and wherever two or more male persons and two or more female pei sons are employed as aforesaid together, a sufficient number of separate and distinct water-closets, earth-closets, or privies shall be provided for the use of each sex and plainly so designated, and no person shall be allowed to use any such closet or privy assigned to persons of the other sex.
SECTION 2, (as amended by chapter 305, acts of 1888). It shall be the duty of every owner, lessee or occupant of any premises so used as to come within the provisions of this act to carry out the same and make the changes necessary therefor. In case such changes are made upon the order of an inspector of factories by the occupant or lessee of the premises he may at any time within thirty days of the completion thereof bring an action before any trial justice, police, municipal or district court against any other person having an interest in such premises, and may recover such proportion of the expense of making such changes as the court adjudges should justly and equitably be borne by such defendant.
SECTION 3. When it appears to an inspector of factories that any act, neglect or default in relation to any drain, water-closet, earth-closet, privy, ash-pit, water-supply, nuisance or other matter in a factory or in a workshop included under section one of this act, is punishable or remediable under chapter eighty of the public statutes, or under any law of the commonwealth relating to the preservation of the public health, but not under this act, such inspector shall give notice in writing of such act, neglect or default to the board of health of the city or town within which such factory or workshop is situate, and it shall thereupon be the duty of such board of health to make inquiry into the subject of the notice, and to take such action thereon in the way of enforcing any provision of law within its authority as the facts may call for.
SECTION 4. Any person violating any provision of sections one and two of this act shall be punished by fine not exceeding one hundred dollars; but no criminal prosecution shall be made for such violation until four weeks after notice in writing by an inspector of factories of the changes necessary to be made to comply with the provisions of said sections has been sent by mail or delivered to such person, nor then if in the meantime such changes have been made in accordance with such notification. A notice shall be deemed a sufficient notice under this section to all the members of a firm or to a corporation, when given to one member of such firm, or to the clerk, cashier, secretary, agent or any other officer having charge of the business of such corporation or to its attorney; and in the case of a foreign corporation notice to the officer having the charge of such factory or workshop shall be sufficient: and such officer shall be personally liable for the amount of any fine in case a judgment against the corporation is returned un-atisfied.
SECTION 5. The following expressions used in this act shall have the following meanings: The expression "person" means any individual, corporation, partnership, company or association. The expression"child" means a person under the age of fourteen years. The expression "young person means a person of the age of fourteen years and under the age of eighteen years. The expres sion "woman" means a woman of eighteen years of age and upwards. The expression factory" means any premises where steam, water or other mechanical power is used in aid of any manufacturing process there carried on. The expression "workshop" means any premises, room or place, not being a factory as above defined, wherein any manual labor is exercised by way of trade
or for purposes of gain in or incidental to any process of making, altering, repairing, ornamenting, finishing or adapting for sale any article or part of an article, and to which or over which premises, room or place the employer of the persons working therein has the right of access or control: Provided, however, That the exercise of such manual labor in a private house or private room by the family dwelling therein, or by any of them, or in case a majority of the persons therein employed are members of such family, shall not of itself constitute such house or room a workshop within this definition. The aforesaid expressions shall have the meanings above defined for them respectively in all laws of this commonwealth relating to the employment of labor, whether heretofore or hereafter enacted, unless a different meaning is plainly required by the
CHAPTER 121.-Employment of children.
SECTION 1. No child under the age of fourteen years shall be permitted to clean any part of the machinery in a factory while such part is in motion by the aid of steam, water or other mechanical power, or to clean any part of such machinery that is in dangerous proximity to such moving part.
SECTION 2. Whoever, either for himself or as superintendent, overseer or other agent of another, violates the provisions of the preceding section shall be punished by a fine of not less than fifty nor more than one hundred dollars for
CHAPTER 173.-Factories and workshops-Health of employés.
SECTION 1. Every factory in which five or more persons are employed, and every workshop in which children, young persons or women, five or more in number, are employed, shall be so ventilated while work is carried on therein that the air shall not become so exhausted as to be injurious to the health of the persons employed therein, and shall also be so ventilated as to render harmless. so far as is practicable, all the gases, vapors, dust or other impurities generated in the course of the manufacturing process or handicraft carried on therein that may be injurious to health.
SECTION 2. If in a factory or workshop included in section one of this act any process is carried on by which dust is generated and inhaled to an injurious extent by the persons employed therein, and it appears to an inspector of factories that such inhalation could be to a great extent prevented by the use of a fan or other mechanical means, and that the same could be provided without excessive expense, such inspector may direct a fan or other mechanical means of a proper construction to be provided within a reasonable time, and such fan or other mechanical means shall be so provided, maintained and used.
SECTION 3. Any person employing labor in a factory or workshop and violating any provision of this act shall be punished by fine not exceeding one hundred dollars; but no criminal prosecution shall be made for any such violation unless such employer shall have neglected for four weeks to make such changes in his factory or workshop as shall have been ordered by an inspector of factories by a notice in writing delivered to or received by such employer.
CHAPTER 215.-Employment of women and children-Meal times.
SECTION 1. All children, young persons and women, five or more in number, employed in the same factory shall be allowed their meal time or meal times at the same time: Provided, however, That any children, young persons or women who begin work in such factory at a later hour in the morning than the other children, young persons and women employed therein may be allowed their meal time or meal times at a different time, but no such children, young persons or women shall be employed during the regular meal hour in tending the machines,or doing the work of any other children, young persons or women in addition to their
SECTION 2. No child, young person or woman shall be employed in a factory or workshop, in which five or more children, young persons and women are employed, for more than six hours at one time without an interval of at least half an hour for a meal: Provided, however, That a child, young person or woman may be so employed for not more than six and one-half hours at one time if such employment ends at an hour not later than one o'clock in the afternoon, and if such child, young person or woman is then dismissel from the factory or workshop for the remainder of the day, or for not more than seven and one-half hours at