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Weavers Union (American Woolen Co. v.), 842 eq.,
135 52, 128
144 136 147 131 139
136 99, 115, 147 44, 128, 148
CERTAIN BILLS INTRODUCED IN THE LEGISLATURE, 1909.
SENATE BILL NO. 133.
of, no agreement between two or more
persons concerning the terms or conAN ACT TO REGULATE THE ISSUANCE OF
ditions of employment of labor or the RESTRAINING ORDERS AND INJUNCPROCEDURE THEREON,
assumption or creation or termination
of any relation between employer and THE MEANING OF
employees or concerning any actor CONSPIRACY, IN CERTAIN CASES.
thing to be done or not to be done with Be it enacted, etc., as follows:
reference to or involving or growing SECTION 1. No restraining order or out of a labor dispute, shall constitute injunction shall be granted by any court a conspiracy or other criminal offence of the commonwealth of Massachusetts or be punished or prosecuted as such or a judge or the judges thereof in any unless the act or thing agreed to be case between an employer and an em- done or not to be done would be unployee or between employers and em- lawful if done by a single individual, ployees, or between employees, or be- nor shall the entering into or the carrytween persons employed to labor and ing out of any such agreement be repersons seeking employment as labor- strained or enjoined unless such act or ers or between persons seeking employ- thing agreed to be done would be subment as laborers or involving or grow- ject to be restrained or enjoined under ing out of a dispute concerning terms the provisions, limitations and definior conditions of employment, unless tion contained in the first section of this necessary to prevent irreparable injury act. to property or to a property right of SECTION 3. That all acts and parts the party making the application for of acts in conflict with the provisions which injury there is no adequate rem- of this act are hereby repealed. edy at law, and such property or prop
SECTION 4. This act shall take effect erty right must be particularly de- upon its passage. scribed in the application, which must be in writing and sworn to by the ap
NOTE. -- This bill accompanied the
. plicant or by his, her, or its agent or petition of J. R. Crozier for legislation attorney. And for the purpose of this regulating the issuance of restraining act no right to continue the relation of orders and injunctions and procedure employer and employee or to assume thereon, and limiting the meaning of or create such relation with any par- “conspiracy” in certain cases. The ticular person or persons, or at all, or Bill was referred to the Committee on to carry on business of any particular the Judiciary, and on February 5 it was kind, or at any particular place, or at referred in concurrence to the Commitall, shall be construed, held, considered tees on the Judiciary and Labor sitting or treated as property or as constitut- jointly. Hearings were held on Februing a property right.
ary 24 and 25 and were closed on SECTION 2. In cases arising in the February 25. The Committees reported courts of the commonwealth of Massa- on March 10 “leave to withdraw." This chusetts or coming before said courts report was accepted by the Senate on or before any judge or the judges there- March 23 and by the House on April 9.
SENATE BILL NO. 143.
than twenty said strikers shall be en
titled to one representative. AN ACT TO ALLOW PEACEFUL COM
SECTION 4. Only one set of repreMUNICATIONS WITH APPLICANTS
sentatives shall be elected during any FOR POSITIONS DURING STRIKES,
one strike or lockout: provided, only, LOCKOUTS AND LABOR DISPUTES.
that in case of death or physical or Be it enacted, etc., as follows:
mental disability the chief of police or SECTION 1. In case that a dispute any officer acting in the capacity of arising between an employer and his chief of police of the city or town employees results in a strike or a lock- where the strike or lockout occurs, shall out it shall be the duty of the chief of issue a permit to the men on strike or police or any officer acting in the ca
those locked out to fill the vacancy so pacity of chief of police in the city or
occasioned. town where the strike or lockout occurs,
SECTION 5. The chairman and secreby a conference with the leaders of the tary of the meeting at which said strikers and by an inspection of the representatives are elected shall immerecords of the employer which denote
diately furnish each of said representaor which have denoted the number of tives with proper credentials, signed by
the chairman and secretary of said men employed, to ascertain the number of men who have gone out upon a strike
meeting, certifying their election as such or who have been locked out.
representatives, and designating them SECTION 2. It shall be lawful for
as representatives for peaceful commuon strike or for men who have
nication. Said representatives shall been locked out, at a meeting called for
within twenty-four hours after the electhe purpose, to elect by ballot repre
tion present said credentials to the chief sentatives, who shall be permitted to
of police or any officer acting in the walk upon the public streets and ways
capacity of chief of police of the city
or town where the strike occurs, and in the vicinity of the place of employ
said chief or officer shall record the ment or in any other place to which said representatives have lawful access,
names and places of residence of said and in a peaceful manner to converse
representatives and shall countersign
said credentials. Said representatives with persons intending to go to such
shall at all times when engaged in said employer for work, for the purpose of
peaceful communication bear upon their informing such persons of actual conditions, facts and circumstances in order
persons said credentials. to induce them not to enter into, or, if
SECTION 6. This act shall take effect
upon its passage. already employed, not to continue in the service of said employer. Nothing in this act shall be construed to permit NOTE. - This bill accompanied the any person or persons to obstruct travel
petition of J. R. Crozier for legislation upon or over any public street or way. permitting peaceful communications
SECTION 3. The number of repre- with applicants for positions during sentatives above designated shall not strikes, lockouts, and labor disputes. exceed one for every twenty strikers : It was referred in concurrence to the provided, that if the total number as Committee on Labor on January 29 and recorded by the chief of police gives an on February 5 to the Committee on even number of representatives with a Labor and the Committee on the Judifraction over, the larger fraction of ciary sitting jointly. Hearings were twenty shall be entitled to one repre- held on February 24 and 25 and were sentative, and provided, further, that if closed on February 25. The Committee the whole number of strikers is less reported on March 10 “ leave to withdraw." This report was accepted by
SENATE BILL NO. 256. the Senate on March 23 and by the
AN ACT RELATIVE TO THE IMPOSITION House on April 12.
AND COLLECTION OF FINES BY CER
Be it enacted, etc., as follows:
SECTION 1. No fine or notice of in
tention to impose a fine by any associaBe it enacted, etc., as follows:
tion, incorporated or unincorporated, or No strike or other action of a labor
any authorized representative thereof, union shall be enjoined or deemed un
upon any member thereof, according to lawful, merely because it is enforced
the rules thereof to which such member against the members by the imposition has agreed to conform, shall be held of fines under by-laws previously
previously to be unlawful or coercive as to such adopted, or because it is ordered by a
member or to any other person, procommittee or board of officers, acting vided such fine is reasonable in amount under authority of the union, regularly and is for a purpose which is legal for conferred.
such association to seek to accomplish
by peaceable persuasion. NOTE. — This bill accompanied the .
SECTION 2. This act shall take effect petition of Francke W. Dickinson for upon its passage. legislation to establish the legality of The Senate rejected Mr. Ross' motion strikes enforced by labor unions by the to substitute by a roll-call vote of 13 imposition of fines upon their members. to 14. It was referred to the Committees on the Judiciary and Labor, sitting jointly,
The above bill is practically a dupliwhich on March 10 reported that the
cate of Senate Bill 130, the title and petitioner be given “ leave to withdraw." the text of section 1 having been changed On March 18 Senator Ross, of New so that the act would apply to “trade Bedford, moved as an amendment to unions and certain other associations" the report that the following bill be instead of to “any association.” substituted :