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Annual report of the State Board of Arbitration and Conciliation online

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anything,) should 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 published in
two or more newspapers published in the locality of such dis-
pute, shall be recorded upon proper books of record to be kept
by the secretary of said board, and a succinct statement thereof
published in the annual report hereinafter provided for, and
said board shall cause a copy of such decision to be filed with
the clerk of the city, village or town where said business is
carried on.

Section 4. Said application shall be signed by said em-
ployer, or by a majority of his employes in the department of
the business in which the controversy or difference exists, or
their duly authorized agent, or by both parties, and shall con-
tain a concise statement of the grievances complained of and
a promise and agreement to continue in business or at work
without any lockout or strike until the decision of said boai-d ;
provided, however, that said board shall render its decision
within thirty days after the date of filing such application. As
soon as may be after the receipt of said application the secre-
tary of said board shall cause public notice to be given of the
time and place for the hearing thereof ; but public notice need
not be given when both parties to the controversy join in the
application and request in writing that no public notice be
given. When notice has been given as aforesaid the board
may in its discretion appoint two expert assistants to the board,
one to be nominated by each of the parties to the controversy ;
provided, that nothing in this act shall be coustinied to prevent
the board from appointing such other additional expert assist-
ants as they may deem necessary. Such expert assistants shall
be sworn to the faithful discharge of their duty, such oath to



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172 BOARD OF ARBITRATION. [Feb.

be administered by any member of the board. Should the peti-
tioner, or petitioners, fail to perform the promise and agree-
ment 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 subpoena as witnesses
any operative in the departments of business affected by the
matter in controversy, and any person who keeps the records of
wages earned in such departments and to examine them under
oath, and to require the production of books containing the
record of wages paid. Subpoenas may be signed and oaths ad-
ministered by any member of the board.

Section 6. The decision of the board herein provided for
shall be open to public inspection, shall be published in a bien-
nial report to be made to the governor of the state with such
recommendations as the board may deem proper, and shall be
printed and distributed according to the provisions governing
the printing and distributing of other state reports.

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 such decision from and after the expiration of sixty
days from the date of said notice. Said notice may be given
by serving the same upon the employer or his representative,
and by serving the same upon the employes by posting the same
in three conspicuous places in the shop, factory, yard or upon
the premises where they work.

Section 7. The parties to any controversy or difference as
described in section 8 of this act may submit the matters in
dispute in writing to a local board of arbitration and concilia-
tion; said board may either be mutually agreed upon or the
employer may designate one of such arbitrators, the employes
or their duly authorized agent another, and the two arbitrators
so designated may choose a third, who shall be chairman of
such local boai-d ; such board shall in respect to the matters re-
ferred to it have and exei'cise all the powera which the state
board might have and exercise, and its decision shall have such
binding effect as may be agreed upon by the parties to the con-
troversy in the written submission. The jurisdiction of such
local board shall be exclusive in respect to the matters sub-
mitted to it, but it may ask and receive the advice and assist-
ance of the state board. Such local board shall render its de-



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1901.] PUBLIC DOCUMENT — No. 40. 173

cision in writing within ten days after the close of any hearing
held by it, and shall file a copy thereof with the secretary of
the state board. Each of such local arbitrators shall be entitled
to receive from the treasurer of the city, village or town in
which the controversy or difference that is the subject of arbi-
tration exists, if such payment is approved in writing by the
mayor of such city, the board of trustees of such village, or the
town board of such town, the sum of three dollars for each day
of actual service not exceeding ten days for any one arbitration.

Section 8. Whenever it is made to appear to the mayor of a
city, the village board of a village, or the town board of a town,
that a strike or lockout such as is described in section 9, of this
act, is seriously threatened or actually occurs, the mayor of
such city, or the village board of such village, or the town board
of such town, shall at once notify the state board of such facts,
together with such information as may be available.

Section 9. Whenever it shall come to the knowledge of the
state board by notice as herein provided, or otherwise, that a
strike or lockout is seriously threatened, or has actually occurred,
which threatens to or does involve the business interests of any
city, village or town of this state, it shall be the duty of the
state board to investigate the same as soon as may be and en-
deavor by mediation to effect an amicable settlement between
employers and employes, and endeavor to persuade them, pro-
vided 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 herein provided for, or
to the state board. Said state board may if it deems advisable
investigate the cause or causes of such controversy, 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.

Section 10. Witnesses subpoenaed by the state board shall
be allowed for their attendance and travel the same fees as are
allowed to witnesses in the cireuit courts of this state. Each
witness shall certify in writing the amount of his travel and
attendance, and the amount due him upon approval by the
board shall be paid out of the state treasury.

Section 11. The members of the state board shall receive
the actual and necessary expenses incurred by them in the per-



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174 BOARD OF ARBFTRATION. [Feb.

formance of their duties under this act, and the further sum of
five dollars a day each for the number of days actually and
necessarily spent by them, the same to be paid out of the state
treasury.

Section 12. The act shall take effect and be in force from
and after its passage and publication. ^Approved April 19^
1895. Published May 5, 1895.



MINNESOTA*

[Chaptbb 170]

An Act to provide for the settlement of difllarenoes between
employers and employes, and to authorise the creation
of boards of arbitration and oonoiliation, and to appro-
priate money for the maintenance thereof.

Be it enacted by the Legislature of the State of Minnesota :

Section 1. That within thirty (80) days after the passage
of this act the governor shall, by and with the advice and
consent of the senate, appoint a state board of arbitration
and conciliation, consisting of three competent persons, who
shall hold office until their successors are appointed. On the
first Monday in January, 1897 and thereafter biennially, the
governor, by and with like advice and consent, shall appoint
said board, who shall be constituted as follows ; One of them
shall be an employer of labor, one of them shall be a member
selected from some bona fide trade union and not an employer
of labor, and who may be chosen from a list submitted by one
or more trade and labor assemblies in the State, and the third
shall be appointed upon the recommendation of the other two
as hereinafter provided, and shall be neither an employe, or
an employer of skilled labor ; provided — however, that if the
two first appointed do not agree in nominating one or more
persons to act as the thii-d member before the expiration of ten
(10) days, the appointment shall then be made by the governor
without such recommendation. Should a vacancy occur at any
time, the governor shall in the same manner appoint some one
having the same qualifications to serve out the unexpired term,
and he may also remove any member of said board.

Sec. 2. The said board shall, as soon as possible after their
appointment, organize by electing one of their members as



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1901.] PUBLIC DOCUMENT — No. 40. 175

president and another as secretary, and establish, subject to
the approval of the governor, such rules of procedure as may
seem advisable.

Sec. 8. That whenever any controversy or difference arises,
relating to the conditions of employment or rates of wages be-
tween any employer, whether an individual, a copartnership or
corporation, and whether resident or non-resident, and his or their
employes, if at the time he or it employs not less than ten (10)
persons in the same general line of business in any city or town in
this state, the board shall, upon application, as hereinafter pro-
vided, as soon as practicable thereafter, visit the locality of the
dispute and make a careful inquiry into the causes thereof, hear
all persons Interested therein who may come before them, advise
the respective parties what, if anything, ought to be submitted
to by either or both to adjust said dispute, and within ten days
after said inquiry make a written decision thereon. This deci-
sion shall at once be made public and a short statement thereof
published in a biennial report hereinafter provided for, and the
said board shall also cause a copy of said decision to be filed
with the clerk of the district court of the county where said
business is carried on.

Sec. 4. That said application shall be signed by said em-
ployer or by a majority of his employes 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 grievance alleged, and shall be verified
by at least one of the signers. When an application is signed
by an agent claiming to represent a majority of such employes,
the board shall, before proceeding further, satisfy itself that such
agent is duly authorized in writing to represent such employes,
but the names of the employes giving such authority shall be
kept secret by said board. Within three days after the receipt
of said application the secretary of said board shall cause public
notice to be given of the time and place where said hearing
shall be held. 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.



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176 BOABD OF AEBrTRATIOX. [Feb.

Sec. 5. The said hoard dial! hzre pover to summon as wit
iies8€s aoy clerk, agent or employe in the departments of the
bosiness who keeps the records of wages earned in those de-
partments, and require the prodoction of bocte containing the
records of wages paid. Snmmcms may be signed and oaths ad-
ministered by any member of the board. Witnesses sammoned
before the board shall be paid by the board the same witness
fees as witnesses before a district court.

Sec. 6. That upon the receipt of an application, after notice
has been given as aforesaid, the board shall proceed as before
provided, and render a written decision which shall be open to
public inspection, and shall be recorded upon the records of the
board and published at the discretion of the same in a biennial
report which shall be made to the l^islature on or before the
first Monday in January of each year in which the legislature
is in regular session.

Sec. 7. In all cases where the application is mutoal, the de-
cision shall provide that the same shall be binding upon the
parties concerned in said controversy or dispute for six months,
or until sixty days after either party has given the other notice
in writing of his or their intention not to be bound by the same.
Such notice may be given to said employes by posting the same
in three conspicuous places in the shop, factory or place of
employment.

Sec. 8. Whenever it shall come to the knowledge of said
board, either by notice from the mayor of a city, the county com-
missioners, the president of a chamber of commerce or other rep-
resentative body, the president of the central labor council or
assembly, or any five reputable citizens, or otherwise, that what
is commonly known as a strike or lockout is seriously threatened
or has actually occurred, in any city or town of the state, involv-
ing an employer and his or its present or past employes, if at the
time such employer is employing, or up to the occurrence of the
strike or lockout was employing, not less than ten persons in
the same general line of business in any city or town in this State,
and said board shall be satisfied that such information is cor-
rect, it shall be the duty of said board, within three days there-
after, to put themselves in communication with such employer
and employes and endeavor by mediation to eflfect an amicable
settlement between them, or to persuade them to submit the
matter in dispute to a local board of arbitration and concilia-



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1901.] PUBLIC DOCUMENT — No. 40. 17T

tion, as hereinafter provided, or to said state board, and the said
State board may investigate the cause or causes of such contro-
versy and ascertain which party thereto is mainly responsible
for the continuance of the same, and may make and publish a
report assigning such responsibility. The said board shall have
the same powers for the foregoing pui-poses as are given them
by sections three and four of this act.

Sec. 9. The parties to any controversy or difference, as spec-
ified in this act, may submit the matter in dispute in writing to a
local board of arbitration and conciliation ; such boai-d may either
be mutually agreed upon, or the employer may designate one of
the arbiters, the employes or their duly authorized agent another,
and the two arbiters so designated may choose a third, who shall
also be chairman of the board. Each arbiter so selected shall
sign a consent to act as such, and shall take and subscribe an
oath before an officer authorized to administer oaths to faithfully
and impartially discharge his duty as such arbiter, which con-
sent and oath shall be filed in the office of the clerk of the dis-
trict court of the county where such dispute arises. Such board
shall, in respect to the matters submitted to them, have and
exercise all the powers which the state boaM might have and
exercise, and their decisions shall have whatever binding effect
may be ageed to by the parties to the controversy in the written
submission. Vacancies in such local boai-ds may be filled in the
same manner as the regular appointments are made. It shall
be the duty of said state board to aid and assist in the forma-
tion of such local boards throughout the state in advance of any
strike or lockout, whenever and wherever in their judgment the
formation of such local boards will have a tendency to prevent
or allay the occurrence thereof. The jurisdiction of such local
boards shall be exclusive in respect to the matters submitted to
them ; but they may ask and receive the advice and assistance
of the state board. The decisions of such local boards shall be
rendered within ten days after the close of any hearing held
before them ; such decision shall at once be filed with the clerk
of the district court of the county in which such controverey
arose, and a copy thereof shall be forwarded to the state board.

Sec. 10. Each member of said State board shall receive as
compensation ^ve ($5) dollars a day, including mileage, for
each and every day actually employed in the performance of
the duties provided for by this act ; such compensation shall be



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178 BOARD OF ARBITRATION. [Feb.

paid by the state treasarer on daly detailed vouchers approved
by said board and by the governor.

Sec. 11. The said board, in their biennial reports to the leg-
islature, shall include such statements, facts and explanations as
will disclose the actual workings of the board and such sugges-
tions with regard to legislation as may seem to them conducive
to harmonizing the relations of and the disputes between em-
ployers and employes ; and the improvement of the present rela-
tions between labor and capital. Such biennial reports of the
board shall be printed in the same manner and under the saihe
regulations as the reports of the executive officers of the state.

Sec. 12. There is hereby annually appropriated out of any
money in the state treasury not otherwise appropriated the sum
of two thousand dollars, or so much thereof as may be neces-
sary for the purposes of carrying out the provisions of this act.

Sec. 18. All acts and parts of acts inconsistent with this
act are hereby repealed.

Sec. 14. This act shall take effect and be in force from
and after its passage. [^Approved April 2By 1895.



OONNBOTIOUT,

[Chaptbb CCXXXIX.]

An Act creating a State Board of Mediation and Arbitration*

Be it enacted by the Senate and House of Eepresentaiives in General
Assembly convened :

Section 1. During each biennial session of the general
assembly, the governor shall, with the advice and consent of
the senate, appoint a state board of mediation and arbitration,
to consist of three competent persons, each of whom shall
hold his office for the term of two years. One of said persons
shall be selected from the party which at the last general elec-
tion cast the greatest number of votes for governor of this
state, and one of said persons shall be selected from the party
which at the last general election cast the next greatest nxmiber
of votes for governor of this state, and the other of said per-
sons shall be selected from a bona fide labor organization of
this state. Said board shall select one of its number to act as
clerk or secretary, whose duty it shall be to keep a full and
faithful record of the proceedings of the board, and also to keep



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1901.] PUBLIC DOCUMENT — No. 40. 179

and preserve all documents and testimony submitted to said
board ; he shall have power under the direction of the Board,
to issue subpoenas, and to administer oaths in all cases before
said board, and to call for and examine the books, pai>ers and
documents of the parties to such cases. Said arbitrators shall
take and subscribe to the constitutional oath of office before
entering upon the discharge of their duties.

Sec. 2. Whenever any grievance or dispute of any nature
shall arise between any employer and his employ^, it shall be
lawful for the parties to submit the same directly to the state
board of mediation and arbitration, in case such parties elect
to do so, and shall notify said board, or its clerk, in writing, of
such election. Whenever such notification to said board or its
clerk is given, it shall be the duty of said board to proceed, with
as little delay as possible, to the locality of such grievance or
dispute, and inquire into the cause or causes of the grievance
or dispute. The parties to the grievance or dispute shall there-
upon submit to said board, in writing, succinctly, clearly, and
in detail, their grievances and complaints, and the cause or
causes thereof, and severally promise and agree to continue in
business, or at work, without a strike or lockout, until the de-
cision of said board is rendered ; jprovidedy it shall be rendered
within ten days after the completion of the investigation. The
board shall thereupon pi*oceed fully to investigate and inquire
into the matters in controversy, and to take testimony under
oath in relation thereto, and shall have power, by its chairman
or clerk, to administer oaths, to issue subpoenas for the attend-
ance of witnesses, and the production of books and papers.

Sec. 3. After a matter has been fully heard, the said board,
or a majority of its members, shall, within ten days, render a
decision thereon in writing, signed by the members of the board,
or a majority of them, stating such details as will clearly show
the nature of the decision and the points disposed of by said
board. The decision shall be in triplicate, one copy of which
shall be filed by the clerk of the board in the office of the town
or city clerk in the town where the controversy arose, and one
copy shall be served on each of the parties to the controversy.

Sec. 4. Whenever a strike or lockout shall occur, or is seri-
ously threatened in any part of the state, and shall come to the
knowledge of the board, it shall be its duty, and it is hereby
directed to proceed, as soon as pi*acticable, to the locality of



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180 BOARD OF ARBITRATIOX. [Feb.

such strike or lockout and pat itsdf in eommiinicatiofi with tbe
parties to tbe coDtroTersy, and oideaTor bj mediaticMi to effeet
an amicable settleiiieiit of Boch strike or lodomt; and, if m the
judgment of said board it is best, it shall inquire into the canse
or causes of tbe cont rove r sy , and to that end the board Is
hereby authorized to subpoena witnesses, and send for p^sons
and papers.

Sec. 5. Said board shall, on or before the first day ci
December in each year, make a repori to the GovemcM', and
shall include therein such statements, facts, and explanations
as will disclose the actual worinng of the board, and such sug-
gestions as to legislation as may seem to it conducive to har-
mony in the relations between employers and employed, and to
the improvement of the present system of production.

Sec. 6. Whenever the term '* employer" or ** employers'*
is used in this act it shall be held to include ^^firm,** *^ joint-
stock association," "company "or " corporation," as fully as
if each of the last-named terms was expressed in each place.

Sec. 7. The members of the board shall receive as com-
pensation for actual services rendered under this act, the sum
of fiVQ dollars per day and expenses, upon presentation of their
voucher to the comptroller, approved by the governor.

Sec. 8. This act shall take effect from its passage. [Jlp-
proved June 28^ 1895.



ILLINOIS.

The act approved August 2, 1895, as amended in section 3
and through tbe insertion of sections 5a, 55, and 6a by the act
approved April 12, 1899, lb as follows:

An Act to create a State Board of Arbitration for the in-
vestigation or settlement of differences between em-
ployers and their employes, and to define the powers
and duties of said board.

Section 1 . Be it enacted by tJie People of the State of Jttt-
noia represented in the General Assembly : As soon as this act
shall take effect the Governor, by and with the advice and con-
sent of the Senate, shall appoint three persons, not more than



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1901.] PUBLIC DOCUMENT — No. 40. 181

two of whom shall belong to the same political party, who shall
be styled a State '^ Board of Arbitration," to serve as a State
Board of Arbitration and Conciliation; one and only one of
whom shall be an employer of labor, and one and only one
of whom shall be an' employ^ and shall be selected from some
labor organization. They shall hold office until March 1, 1897,
or until their successors are appointed, but said board shall
have no power to act as such until they and each of them are
confirmed by the Senate. On the first day of March, 1897, the
Grovemor, with the advice and consent of the Senate, shall ap-



Online LibraryMassachusetts. State Board of Arbitration and Con MassachusettsAnnual report of the State Board of Arbitration and Conciliation → online text (page 65 of 70)