HANDBOOK OF THE LABOR LAWS OF MASSACHUSETTS. INTRODUCTORY. This compilation is intended to include the laws relative to labor in force in this Commonwealth up to the close of the legislative session of 1914. It accordingly consists of the text of Chapter 514 of the Acts of 1909, entitled "An Act to Codify the Laws Relating to Labor", or amendments thereto, and a large number of other laws which directly or indirectly affect the subject of labor. These laws have been classified by subjects, rather than by the dates on which the acts were passed, in an attempt to present a handbook of the greatest convenience to the layman. In order to make such a classification, it has been necessary to rearrange the various acts, chapters, sections, and even parts of sections, by transferring or omitting certain words, phrases, and clauses and by inserting certain matter in order to make the context clear. Wherever it has been deemed advisable to omit any matter, the omission has been indicated by three points, thus: . . .; wherever any insertion has been made, such insertion has been enclosed in brackets, thus: [ ]2. Citations of the sections printed in this compilation are given in italic type, enclosed in brackets, at the end of each paragraph, thus: [Acts, 1912, c. 726, § 1], to indicate where may be found, in the official edition of the Revised Laws or of the Acts and Resolves, the complete text of every section presented herein. Such citations include the last amendment to the section, in addition to its original date of enactment and chapter number wherever such original act has not been repealed. 1 An example of such omission may be noted by referring to page 9, paragraph 13, on the "salaries and expenses of the board". The part omitted, as indicated by the three points relates, not to the salaries and expenses of the board, but to the salary of the commissioner of labor, and therefore appears in this compilation under the heading "Commissioner of Labor." * An example of such insertion may be noted by referring to page 12, paragraph 29, first line. This section, as printed in the statutes, has the words "members of the inspection department of the district police", but a later act (Acts, 1912, c. 726) conferred these powers and duties upon the inspectors of the state board of labor and industries, so in this compilation we have for the sake of clearness inserted in place of the words "members of the inspection department of the district police" the words in brackets "[inspectors of the state board of labor and industries]". [5 Pt. I.] For the purpose of avoiding a considerable amount of repetition, those sections, the text of which permits of more than one classification, have generally been placed where it is deemed they will be of most value. For instance, certain sections of Chapter 791, Acts of 1914, relating to motion picture apparatus, might well be placed in this compilation under the section headed "Safety"; but in order that the laws relating to the installation and inspection, as well as those relating to the operation of such apparatus, might be grouped together, the above sections have been placed under "Licensed Occupations." In a few instances, however, it was considered advisable to place a section under more than one classification. The index appended hereto will be found of considerable assistance as it contains the necessary cross references to assist in locating any section, regardless of its classification in this compilation. Special legislation affecting a particular city or town has been generally omitted; certain acts, however, concerning the city of Boston, which were deemed of general interest, have been included. The fundamental purpose of this compilation, as already described, is to make available a convenient handbook of the many laws affecting labor in this Commonwealth. Should the complete text of any of these laws be desired, reference should be made to the official edition of the Revised Laws of 1902 and of the Acts and Resolves since published. So far as possible, sentences indicating revision of previous statutes, and the time of taking effect have been omitted throughout this compilation. In addition to an alphabetical subject index, we have also presented as an appendix a table, arranged chronologically, showing the disposition made of all the statutes included in this compilation. Under "Administrative Provisions" have been printed certain provisions of the laws governing the different State boards and commissions which are more directly concerned with the subject of labor. Of the legislation on pensions and retirement systems, the act entitled, "An Act to establish a retirement system for the employees of the Commonwealth" is herein reproduced in full. As an example of the laws relating to the retiring of employees of municipalities and other divisions of the Commonwealth, we have published in its entirety the act entitled, "An Act to establish a retirement system for public school teachers." We have also presented a list of all the pension acts, together with a brief description of the various systems, as compiled by the Commission on Pensions and presented in their report to the Legislature of 1914.1 1 House Document No. 2450. 8 1. Appointment of. The governor shall annually, in May or June, with the advice and consent of the council, appoint a civil service commissioner for a term of three years from the first Monday of July following. All appointments shall be so made that not more than two commissioners shall at the time of any appointment be members of the same political party. The chairman of the commission shall at all times be such one of the three commissioners as the governor shall designate. [R. L., c. 19, § 1, as last am. by Acts, 1910, c. 608.] 2. Compensation. The chairman of the commission shall receive an annual salary of twenty-five hundred dollars and each of the other commissioners an annual salary of two thousand dollars, together with the travelling expenses incurred in the performance of their official duties. The commissioners shall devote so much of their time to the work of the commission and shall establish and maintain such office hours as shall be approved by the governor and council. [R. L., c. 19, § 1, as last am. by Acts, 1910, c. 608.] 3. Secretary. ... [R. L., They [the civil service commissioners] may appoint a secretary who shall receive an annual salary of [thirty-five hundred] dollars. c. 19, § 2, as last am. by Acts, 1914, c. 664.] ... 4. Chief examiner. The commissioners may appoint a chief examiner, who, under their direction, shall superintend any examination held under the provisions of this chapter and perform such other duties as they may prescribe. He shall receive an annual salary of [thirty-five hundred] dollars, and travelling expenses incurred in the performance of his official duties. [R. L., c. 19, § 2, as am. by Acts, 1914, c. 665.] 5. Deputy examiner, appointment of. The civil service commissioners may appoint a deputy examiner who, under their direction, shall superintend any examination held under the provisions of R. L., c. 19 and acts in amendment thereof, and shall perform such other duties as the commissioners may prescribe. He shall receive such annual salary, not exceeding twenty-five hundred dollars, as shall be approved by the governor and council, together with travelling expenses incurred in the performance of his official duties. . . . [Acts, 1910, c. 184.] 6. Examiners. They [the commissioners] may designate persons in the official service of the commonwealth or of any city or of any town wherein this chapter is in force, who shall, with the consent of the head of department or office in which any such person serves, act as examiners of applicants for public employment. But no person shall serve as such examiner when any relative or connection by marriage, within the degree of first cousin, shall be an applicant. [R. L., c. 19, § 4.] (NOTE. July 10, 1913, the commission voted to abolish the positions of examiners in the different cities outside of Boston, and to appoint instead a local representative in the cities outside the Greater Boston district, whose duties shall be as the commission shall from time to time prescribe.) [30th Annual Report Civil Service Commission, page 11.] 7. Inspectors, appointment of. The civil service commissioners may employ in their department two additional inspectors, one of whom shall be a payroll inspector at a salary not exceeding twelve hundred dollars per annum, and the other shall be a physical inspector at [such annual salary, not exceeding twenty-five hundred dollars as shall be approved by the governor and council]. The said inspectors shall also be paid their necessary travelling expenses incurred in the performance of their duties. [Acts, 1906, c. 465, as am. by Acts, 1910, c. 204.] 8. Registrar of labor.... They [the civil service commissioners] may appoint a registrar of labor, who shall, under their direction, supervise the administration of civil service rules applicable to the public labor service of the commonwealth or of any city thereof. He shall receive an annual salary of two thousand dollars, and his travelling expenses. . . . [R. L., c. 19, § 2.] com 9. Witnesses and testimony: (See also R. L., c. 175, § 10.) — The missioners or any of them, in an investigation by them, may summon witnesses, administer oaths and take testimony. The fees of such witnesses shall be the same as for witnesses before the superior court, and shall be paid from the appropriation for the incidental expenses of the commissioners. [R. L., c. 19, § 3.] 10. Records and annual report. They [the commissioners] shall keep records of their proceedings and of examinations made by them or under their authority. Recommendations of applicants received by them or by any officer authorized to make appointments or to employ laborers or others, within the scope of such rules, and the examination papers of such applicants, shall be preserved for at least six years, after which time any or all application and examination papers of applicants, with accompanying recommendations, may, at the discretion of said commissioners, be destroyed. Such records and recommendations shall, under regulations approved by the governor and council, be open to public inspection. The commissioners shall from time to time suggest to the general court appropriate legislation for the administration and improvement of the civil service and shall annually before the tenth day of January make a report which shall contain any rules adopted under the provisions of this chapter. [R. L., c. 19, § 5, as am. by Acts, 1902, c. 508.] 11. Rules. - The commissioners shall from time to time prepare rules regulating the selection of persons to fill appointive positions in the government of the commonwealth and of the several cities thereof and the selection of persons to be employed as laborers or otherwise in the service of the commonwealth and said several cities, and altering, rescinding, amending or adding to the rules now established. Such rules may be of general or limited application and shall take effect only when approved by the governor and council. [R. L., c. 19, § 6.] · Changes in rules to be printed for distribution. Changes in the rules shall forthwith, when approved, be printed for distribution, and a certified copy thereof sent |