Page images
PDF
EPUB

WHEREAS, it is desirable to provide some legal method for submitting such dif ferences to arbitration, with a view to an honorable, satisfactory and speedy settlement: Therefore

SECTION 1. That if a majority of the employés in any manufacturing establishment, or in any particular department thereof. shall give notice to their employer or employers, in writing, signed by themselves, that they are dissatisfied with the terms and conditions on which they are employed, or with the wages they are receiving, or with any proposed reduction of their wages or proposed alteration of the terms or conditions on which they are employed, and that they propose to submit the matters complained of to arbitration, and shall name an arbitrator to represent them; and if such employer or employers can not adjust such differences, it shall be the duty of such employer or employers, if they choose to accept this method of compromise; to nominate and appoint. in writing, an arbitrator to represent him or them, and to give notice to said employés of such appointment.

SECTION 2. That the two arbitrators, so as aforesaid, appointed shall forthwith meet and proceed to select a third arbitrator: and the said three arbitrators shall without unnecessary delay notify the employés and the employer or employers of the time and place when and where they will meet to hear arguments on the matters in dispute, which meetings shall be held under such conditions, rules and regulations as the said arbitrators may mutually agree upon: the questions at issue shall be submitted to the arbitrators in writing, and their decision shall be confined to the questions so submitted; either of such arbitrators may administer an oath or affirmation to any person testifying before them, and any person so sworn who shall testify falsely, shall be deemed guilty of perjury; either of the parties to such arbitration may be represented before the arbitrators by counsel, if they so desire, and the arguments may be oral or in writing, as the parties themselves may respectively prefer.

SECTION 3. That the finding of the said arbitrators shall be reduced to writing, and a copy thereof served upon each of the parties to the dispute, or upon their respective representatives, and shall be deemed to be binding upon both parties submitting the matters in dispute to arbitration, and shall take effect from the date of the finding, unless some other time is fixed in the finding for the taking effect thereof.

SECTION 4. That the costs of arbitration shall be fixed and paid as the parties may previously or mutually agree, and if not so agreed upon, they shall be fixed and paid as the arbitrators themselves may decide.

SECTION 5. Whenever any grievance or dispute of any nature shall arise between any employer, joint stock association, company or corporation engaged in manufacturing, and his, their or its employés, it shall be lawful by the mutual consent of the parties to submit the same in writing to a board of arbitrators for hearing and settlement, which board shall be composed of five persons; a majority of said employés, at a meeting duly held for that purpose, shall have the power to designate two persons to act as arbitrators in their behalf, the employer, firm, joint stock association, company or corporation as aforesaid shall have the power to designate two arbitrators, and the said four arbitrators shall designate a fifth person as arbitrator, who shall be the chairman of the board. SECTION 6. Each arbitrator shall, before he proceeds to the business of the arbitration, take and subscribe an oath or affirmation faithfully and impartially to hear and examine the grievance in dispute or question, and to discharge his duties as such arbitrator according to the best of his skill and understanding, which oath or affirmation shall be taken and subscribed before any officer authorized to administer the same.

SECTION 7. When the said board is ready for the transaction of business, it shall select one of its number to act as secretary, whose duty it shall be, when ordered by the board, to give at least two days notice in writing to the parties to the dispute of the time and place of hearing the same, which notice may be served personally on the parties or by fixing the same to the principal outer door or gate of the establishment of said employer, firm, joint stock association, company or corporation, or where, from any reason, service as aforesaid cannot be had, then the same may be served as said board shall direct.

SECTION 8. It shall be lawful for any justice of the peace, or the clerk of any court of record within the county wherein such board of arbitrators may be, to issue subpoenas for the production of books and papers and for the attendance of witnesses before said board; and if any such witness, when so subpoenaed, shall not appear in accordance with the command of such writ, or, if appearing, shall refuse to be sworn or affirmed and give evidence, he or she, as the case may

be, shall be liable to the same fines and penalties as he or she would be by law for such default or refusal if committed in any court of record in this state. SECTION 9. The said witnesses shall be examined on oath or affirmation, which oath or affirmation the chairman of said board is hereby empowered to administer; a majority of said board may provide for the examination and investigation of books, documents and accounts pertaining to the matters in dispute and belonging to either party: Provided, That the board may unanimously direct that instead of producing books, papers and accounts before the board, an accountant agreed upon by the entire board may be appointed to examine such books, papers and accounts, and such accountant shall be sworn well and truly to examine such books, documents and accounts as may be presented to him, and to report the result of such examination in writing; before such examination the information desired and required by the board shall be plainly stated in writing and presented to said accountant, which statement shall be signed by said board. Attorneys at law or other agents of either party to the dispute shall not be permitted to appear or take part in any of the proceedings of the board, but the same shall be, as far as possible, voluntary.

SECTION 10. Said board may make and enforce rules for the government of itself and the transaction of business before it and fix its sessions and adjournments, and shall hear and examine such witnesses as may be brought before the board, and such other proof as may be given relative to the matter in dispute. SECTION 11. After the matter in dispute has been fully heard, the said board, or a majority thereof, shall, within five days, render a decision thereon, which decision shall be reduced to writing, signed by the arbitrators agreeing thereto, and shall set forth such details as will clearly show the points considered by said board and the nature of the decision; said decision shall be a final settlement of the matters referred to said arbitrators, and shall be binding and conclusive between the parties; it shall be executed in three parts, one copy of which shall be given to each of the parties to the dispute, and the remaining copy shall be filed in the office of the clerk of the county, there to remain of record.

SECTION 12. When the said board shall have reached a decision and filed their report, as set forth in section eleven of this act, its power shall cease, unless there may be in existence at the time other similar grievances or disputes between the same classes of persons mentioned in section five, and in such case such persons may submit their differences to the said board, which shall have power to act and arbitrate and decide upon the same as fully as if said board was originally created for the settlement of such other difference or differences. SECTION 13. The members of said board shall not receive any compensation for their services, but the expenses of said board may be met and paid by voluntary subscriptions, which the board is hereby authorized to receive for that purpose.

Co-operative associations.

(Page 138.)

SECTION 1. It shall be lawful for any number of persons, not less than seven, residents in this state, to associate themselves into a society for the purpose of carrying on any lawful mechanical, mining, manufacturing or trading business, or for the purpose of trading and dealing in goods, wares and merchandise or chattels, or for the purpose of buying, selling, settling, owning, leasing and improving real estate and erecting buildings thereon, within this state, upon making and filing a certificate of association, in writing, in manner hereinafter mentioned, and as such shall be deemed to be a corporation, and to possess all the powers incident thereto.

SECTION 2. Such certificate of association shall set forth

I. The name assumed to designate such society and to be used in its business and dealings, which name shall have the word "co-operative" as a distinguishing part thereof, but shall in no respect be similar to that of any other society organized under this act.

II. The place or places in this state where the business of such society is to be conducted and the location of the principal office of the same.

III. The objects for which the society shall be formed.

IV. The total amount of capital stock of such society, the number of shares into which the same is divided, the par value of each share, the manner in which the instalments on the shares shall be paid, the number of shares subscribed, and the amount actually paid in cash on account of the same. V. The terms of admission of the members.

H. Rep. 1960-21

VI. Mode of application of profits.

VII. The mode of altering and amending the certificate of association and the by-laws of the society.

SECTION 4. The business of every such society shall be managed and conducted by a board of not less than five directors, who shall respectively be members of said society, and shall be annually elected at such time and place as shall be provided in the by-laws of the society, and one of such directors shall be chosen president and one of them shall be chosen treasurer, and such directors and officers shall hold their respective offices until their successors are duly qualified; and that such society shall also have a secretary and such other officers, agents and factors as may be necessary to carry on its business, and shall choose them in the manner prescribed in the by-laws thereof.

SECTION 9. The capital stock of such society shall be divided into shares the par value of which shall not be more than fifty (50) dollars, and no share shall be issued for less than its par value; and that no certificate of shares shall be issued to any member until the shares are fully paid up.

SECTION 10. No member of such society shall be entitled to more than one vote upon any subject, which vote must be cast in person; and the board of directors shall have power, unless otherwise provided in the by-laws of the society, to fix and regulate the number of shares to be held by any one member.

SECTION 11. Any society incorporated under this act may hold in its corporate name any amount of interest in any other society through which its products are disposed of or its supplies secured: Provided, That such interest so held shall not exceed one-third în value of the paid up capital of the society holding said interest.

SECTION 13. Any member or other person having an interest in the fund of any such society, may inspect the books thereof, at all reasonable hours, at the office thereof.

SECTION 14. There shall be such distribution of the profits of such society, among the workmen, purchasers and members, as shall be prescribed in the certificate of association, at such times as therein prescribed, as often at least as once in twelve months: Provided, That no such distribution shall be made until a sum equal to five per centum of the net profits shall have been appropriated for a contingent or sinking fund, and that such appropriation shall continue to be made until there shall be accumulated a sum equal to thirty per centum of the capital stock of such society.

Certain employments of children forbidden.

(Page 195.)

SECTION 26. Any person, whether as parent, relative, guardian, employer or otherwise, having in his or her care, custody or control any child or children under the age of twelve years, who shall sell, apprentice, give away, let out, employ, or otherwise dispose of any such child or children to any person, under any name, title or pretense, for the vocation, use, occupation, calling, service or purpose of singing, playing on musical instruments, rope walking, dancing, begging in any public street or highway, or in any mendicant or wandering business whatsoever, and any person who shall take, receive, hire, employ, use or have in custody any such child or children for the purpose above named, or any of them, shall be deemed to be guilty of a misdemeanor, and upon conviction thereof before any court or other competent tribunal, shall be fined in a sum of not less than fifty nor more than two hundred and fifty dollars, or be imprisoned at hard labor in a county jail or penitentiary for a period not less than thirty days nor more than one year, or both such fine and imprisonment, in the discretion of the court.

Seats for female employés.

(Page 360.)

SECTION 147. It shall be the duty of all employers of females in any mercantile business or occupation to provide and maintain suitable seats for the use of such female employés at or beside the counter or workbench where employed, and to permit the use of such seats by such employés to such an extent as may be reasonable for the preservation of their health.

SECTION 148. Any violation of this act by any employer shall be deemed a misdemeanor, and on being thereof convicted shall be punished by a fine not exceeding one hundred dollars, at the discretion of the court.

SECTION 149. Every person or corporation employing female employés in any manufacturing, mechanical or mercantile establishment in this state shall provide suitable seats for the use of the female employés so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for which they are employed.

SECTION 150. A person or corporation violating any of the provisions of this act shall be punished by a fine of not less than ten dollars nor more than twentyfive dollars for each offense.

Labor day.
(Page 361.)

SECTION 1, (as amended by chapter 114, acts of 1887). The day in September (to be known as labor day),

[ocr errors]

* *

[blocks in formation]

shall be a legal holid› y, * and no person shall be compelled to labor upon any of said days by any person or corporation.

Seats for horse car drivers.

(Page 371.)

SECTION 35. All horse car passenger railroads in the cities and towns of this State shall provide a proper seat upon the front platform of each car, for the use of the driver on such car when driving the same, under reasonable restrictions by the company operating such car as to the use of the said seat in going up or down grade or otherwise.

SECTION 36. Any such company failing to comply with the requirements of the first section of this act shall be liable to a penalty of twenty-five dollars for each day any car belonging to them shall be in use without such seat, to be recovered in an action of debt before any justice of the peace or district court in the county or city where such railroad may be, by any person suing for the same; one-half of said forfeiture to be paid to the county treasurer of the county where such suit is brought and one-half to the person who shall prosecute the same to effect.

Employment of children in underground mines.

(Page 380.)

SECTION 18. Any person who shall take, receive, hire or employ any child under twelve years of age in any underground works or mine or like place whatsoever, shall be fined not less than ten dollars nor more than fifty

dollars.

*

*

*

Bureau of statistics of labor.

(Page 407.)

WHEREAS, as guardians of the public welfare, the state authorities are called upon to consider and in all legitimate ways endeavor to improve the physical, mental and moral condition of the citizens of the state, especially those whose daily toil contributes so largely to the prosperity of manufacturing and other productive industries: Therefore,

SECTION 1. There shall be appointed from this state, on nomination of the governor, to be confirmed by the senate, some suitable person to act as chief of, and who shall constitute a bureau of statistics, with headquarters in the state house

* * *

SECTION 2. The duties of such bureau shall be to collect, assort, systematize and present in annual reports to the legislature, statistical details relating to all departments of labor in the state, especially in its relations to the commercial, industrial, social, educational and sanitary conditions of the laboring classes, and in all suitable and lawful ways foster and enlarge our manufacturing and every other class of productive industry, with the view to their permanent establishment upon a prosperous basis, both to the employer and the employed. SECTION 3. The said chief shall have power to examine witnesses under oath.

SECTION 9.

Employment, hours of labor, etc., of children.

(Page 407.).

no boy under the age of twelve years, nor any girl under fourteen years of age, shall be employed in any factory, workshop, mine or establishment where the manufacture of any goods whatever is carried on.

*

SECTION 10. * no child between the ages of twelve and fifteen years shall be employed in any factory, workshop, mine or establishment where the manufacture of any kinds of goods whatever is carried on, unless such child shall have attended, within twelve months immediately preceding such employment, some public day or night school, or some well recognized private school; such attendance to be for five days or evenings every week during a period of at least twelve consecutive weeks, which may be divided into two terms of six consecutive weeks each, so far as the arrangement of school terms will permit, and unless such child, or his parents or guardian, shall have presented to the manufacturer, merchant or other employer seeking to employ such child, a certificate giving the name of his parents or guardian, the name and number of the schools attended and the number of weeks in attendance, such certificate to be signed by the teacher or teachers of such child; * * *

SECTION 11. No child or children under the age of fourteen years shall be employed in any factory, workshop, mill or establishment where the manufacture of any kind of goods is carried on, for a longer period than an average of ten hours in a day, or sixty hours in a week. *

* *

*

*

*

*

SECTION 12. The governor shall * *appoint, with the advice and consent of the senate, some suitable person, who shall be a resident and citizen of this state, as inspector **; the said inspector shall be empowered to visit and inspect, at all reasonable hours and as often as practicable, the factories, workshops, mines and other establishments in the state where the manufacture or sale of any kind of goods is carried on, and to report to the governor of this state **; it shall also be the duty of said inspector to enforce the provisions of this act and prosecute all violations of the same SECTION 15. The title of the inspector and the deputies hereinafter provided for, shall be respectively factory and workshop inspector" and "deputy inspectors," and it shall be their duty to enforce the provisions of this act, and all other laws relating to the sanitary condition of factories and workshops, and to the employment, safety, protection and compulsory attendance at school of minors, and to institute all suits or actions in the name of the inspector * * *, but no action shall be begun by any deputy inspector without the #ritten direction of the inspector * * *

*

*

*

[ocr errors]

SECTION 17. The inspector and his deputies shall have power to demand a certificate of physical fitness from some regular practicing physician in the case of minors who may seem to them physically unable to work, and shall have rower to prohibit the employment of any minor that cannot obtain such a certificate.

SECTION 18. Any parent or guardian, when so required by the inspector, or one of his deputies, shall furnish to such inspector or deputy a certificate from the office of registration of births, or, in the absence of such certificate, an affidavit or affidavits of the age of such minor, and if any one shall knowingly swear falsely in any such affidavit, the person or persons so swearing shall be guilty of perjury, and liable to indictment and punishment accordingly.

*

*

*

SECTION 19. Every manufacturer, merchant or other employer, employing any person contrary to the provisions of this act, or who shall be guilty of any violation hereof, shall be liable to a penalty of fifty dollars for each offense * * * and any parent or guardian, who knowingly permits the employment of such child or children, shall be liable * * * to a penalty of not more than fifty dollars, as the court shall fix; in case an execution shall issue and be returned unsatisfied, the court, on application, after notice to the defendant, may award an execution to take the body of the defendant, and in case such a defendant is committed under such an execution, he shall not be discharged under the insolvent laws of the state, but shall only be discharged by the court making the order for the body execution, or one of the justices of the supreme court, when such court or justice shall be satisfied that further continement will not accomplish the payment of the judgment and costs; an affidavit of the age of any minor, made by its parent or guardian at the time of its employment, shall be conclusive evidence of the age of such minor upon any trial against a manufacturer or employer for the violation of this act, and the inspector or deputy inspector shall be authorized, in case they shall find any minor employed under any false affidavit given as aforesaid, to order and compel such minor to desist from work; the provisions of this act in relation to the hours of employment shall not apply to or affect any person engaged in preserving perishable goods in fruit canning establishments.

* * *

SECTION 23. The inspector of factories and workshops and his deputies shall be furnished with certificates of authority by the secretary of state, and

« PreviousContinue »