13 board. A short statement thereof shall, in the discretion of the 14 board, be published in the annual report, and the board shall cause 15 a copy thereof to be filed with the clerk of the city or town in which 16 said business is carried on. Said decision shall, for six months, be 17 binding upon the parties who join in said application, or until the 18 expiration of sixty days after either party has given notice in writ19 ing to the other party of his intention not to be bound thereby. 20 Such notice may be given to said employees by posting it in three 21 conspicuous places in the shop or factory where they work. 1 1886, 263, § 4. 1887, 269, § 3. SECTION 4. Said application shall be signed by the employer Applications, 2 or by a majority of his employees in the department of the business state board. 3 in which the controversy exists, or by their duly authorized agent, 1,380. 4 or by both parties, and if signed by an agent claiming to represent 5 a majority of the employees, the board shall satisfy itself that he is 6 duly authorized thereto in writing; but the names of the employees 7 giving the authority shall be kept secret. The application shall 8 contain a concise statement of the grievances complained of and a 9 promise to continue in business or at work without any lock-out or 10 strike until the decision of the board, if made within three weeks 11 after the date of filing the application. The secretary of the board 12 shall forthwith, after such filing, cause public notice to be given of 13 the time and place for a hearing on the application, unless both 14 parties join in the application and present therewith a written request 15 that no public notice be given. If such request is made, notice of 16 the hearings shall be given to the parties in such manner as the 17 board may order, and the board may give public notice thereof not18 withstanding such request. If the petitioner or petitioners fail to 19 perform the promise made in the application, the board shall proceed 20 no further thereon without the written consent of the adverse party. assistants. 1 SECTION 5. In all controversies between an employer and his Expert 2 employees in which application is made under the provisions of the s 3 preceding section, each party may, in writing, nominate one person 1892, 382. 4 to act in the case as expert assistant to the board and the board 5 shall appoint such experts so nominated. Said experts shall be 6 skilled in and conversant with the business or trade concerning 7 which the controversy exists, they shall be sworn by a member of 8 the board to the faithful performance of their official duties and a 9 record of their oath shall be made in the case. Said experts shall, 10 if required, attend the sessions of the board, and shall, under direc11 tion of the board, obtain and report information concerning the 12 wages paid and the methods and grades of work prevailing in estab13 lishments within the commonwealth similar to that in which the con14 troversy exists, and they may submit to the board at any time before 15 a final decision any facts, advice, arguments or suggestions which 16 they may consider applicable to the case. No decision of said board 17 shall be announced in a case in which said experts have acted 18 without notice to them of a time and place for a final conference on 19 the matters included in the proposed decision. Such experts shall 20 receive from the commonwealth seven dollars each for every day of 21 actual service and their necessary travelling expenses. The board 22 may appoint such other additional experts as it considers necessary, 23 who shall be qualified in like manner and, under the direction of the Witness fees. 1886, 263, § 9. 1890, 385. board, shall perform like duties and be paid the same fees as the 24 experts who are nominated by the parties. 25 SECTION 6. The board may summon as witnesses any operative 1 1857, 269, §§ 3, 5. and any person who keeps the record of wages earned in the 2 department of business in which the controversy exists, and may 3 examine them upon oath and require the production of books which 4 contain the record of wages paid. Summonses may be signed and 5 oaths administered by any member of the board. Witnesses sum- 6 moned by the board shall be allowed fifty cents for each attendance, 7 and also twenty-five cents for each hour of attendance in excess of 8 two hours, and shall be allowed five cents a mile for travel each way 9 from their respective places of employment or business to the place 10 where the board is in session. Each witness shall certify in writing 11 the amount of his travel and attendance, and the amount due him 12 shall be paid forthwith by the board, for which purpose the board 13 may have money advanced to it from the treasury of the common- 14 wealth as provided in section thirty-five of chapter six. Local board of 15 SECTION 7. The parties to any controversy described in section 1 three may submit such controversy in writing to a local board of arbitration and conciliation which may either be mutually agreed 3 upon or may be composed of three arbitrators, one of whom may 4 be designated by the employer, one by the employees or their duly 5 authorized agent and the third, who shall be chairman, by the other 6 two. Such board shall, relative to the matters referred to it, have 7 and exercise all the powers of the state board, and its decision shall 8 have such binding effect as may be agreed upon by the parties to 9 the controversy in the written submission. Such board shall have 10 exclusive jurisdiction of the controversy submitted to it, but it may 11 ask the advice and assistance of the state board. The decision of 12 such board shall be rendered within ten days after the close of any 13 hearing held by it; and shall forthwith be filed with the clerk of 14 the city or town in which the controversy arose, and a copy thereof 15 shall be forwarded by said clerk to the state board. Each of such 16 arbitrators shall be entitled to receive from the treasury of the city 17 or town in which the controversy submitted to them arose, with the 18 approval in writing of the mayor of such city or of the selectmen 19 of such town, the sum of three dollars for each day of actual service, 20 not exceeding ten days for any one arbitration. 21 GENERAL PROVISIONS. SECTION 8. The following words and phrases as used in all 1 laws relative to the employment of labor shall, unless a different 2 meaning is plainly required by the context, have the following 3 meanings: 4 5 process 6 "Bleaching works" shall mean any premises in which the of bleaching yarn or cloth of any material is carried on. "Child" shall mean a person under the age of fourteen years. "Dyeing works" shall mean any premises in which the process 8 of dyeing yarn or cloth of any material is carried on. 9 "Factory" shall mean any premises where steam, water or other 10 mechanical power is used in aid of any manufacturing process there 11 carried on. 12 works." 13 "Glass works" shall mean any premises in which the manufact- "Glass 14 ure of glass is carried on. 15 "Iron works" shall mean a mill, forge or other premises in or "Iron works." 16 upon which any process is carried on for converting iron into mal- 1887, 215, § 4. 17 leable iron, steel or tin plate, or for otherwise making or converting 18 steel. 19 "Letter press establishments" shall mean any premises in which 20 the process of letter press printing is carried on. 21 66 "Letter press establishments." Paper mills" shall mean any premises in which the manufacture “Paper mills.” 22 of paper is carried on. 23 66 Person" shall mean an individual, corporation, partnership, “Person." 24 company or association. 25 works." "Print works” shall mean any premises in which is carried on “Print 26 the process of printing figures, patterns or designs upon cotton, 27 linen, woollen, worsted or silken yarn or cloth, or upon any woven 28 or felted fabric which is not paper. 29 ing." “Public building" shall mean any building or premises used as a “Public build30 place of public entertainment, instruction, resort or assemblage. 1888, 149, § 5. 31 "School house" shall mean any building or premises in which “School 32 public or private instruction is afforded to not less than ten pupils 33 at one time. 34 35 66 house." "Woman" shall mean a woman eighteen years of age or over. "Woman." Workshop" shall mean any premises, room or place, which is 36 not a factory as above defined, wherein manual labor is exercised by «Workshop.” 37 way of trade or for purposes of gain in or incidental to a process of 38 making, altering, repairing, ornamenting, finishing or adapting for 39 sale any article or part of an article, and to which or over which 40 premises, room or place the employer of the persons working 41 therein has the right of access or control; but the exercise of such 42 manual labor in a private house or private room by the family 43 dwelling therein or by any of them or, if a majority of the persons 44 therein employed are members of such family, shall not of itself 45 constitute such house or room a workshop within this definition. 46 66 Young person" shall mean a person of the age of fourteen years “Young, 47 and under the age of eighteen years. person.' and whistles. 1 SECTION 9. Manufacturers and others who employ workmen Use of bells 2 may, for the purpose of giving notice to them, ring bells and use 183, 84. 3 whistles and gongs of such size and weight, and in such manner and 13 Mass. 289. 4 at such hours, as the board of aldermen of cities and the selectmen 5 of towns may designate in writing. 1 136 Mass. 239. employee with. penalty. SECTION 10. A person who, being engaged in manufacturing, Discharge of 2 requires from persons in his employ, under penalty of forfeiture of out notice; 3 a part of the wages earned by them, a notice of intention to leave 2, § 1. 4 such employ shall be liable to a like forfeiture if, without similar PS. 74. $1. 5 notice, he discharges a person in his employ. 1 SECTION 11. No person shall, by intimidation or force, prevent 2 or seek to prevent a person from entering into or continuing in the 3 employment of any person or corporation. 1894, 508, § 1. 1895, 129. Intimidation prohibited. of employees 1875, 211, § 2. P. S. 74, § 2. Membership in labor organiza tion not to be forbidden. 1892, 330. 1894, 437. 1894, 508, § 3. Right of employee in select lodging, etc. SECTION 12. No person shall, himself or by his agent, coerce or 1 compel a person into a written or verbal agreement not to join or 2 become a member of a labor organization as a condition of his secur- 3 ing employment or continuing in the employment of such person. Op. A. G. June 16, 1899. 4 SECTION 13. Every employee in public work shall lodge, board 1 public work to and trade where and with whom he elects and no person or his 2 agents or employees, under contract with the commonwealth, a 3 municipal corporation or a county, or with a board, commission or 4 officer acting therefor, for the doing of public work, shall directly 5 or indirectly require, as a condition of employment therein, that 6 the employee shall lodge, board or trade at a particular place or 7 with a particular person. 8 Contract; penalty. SECTION 14. The provisions of the preceding section shall be 1 1900, 469, §§ 2, 3. made a part of the contract for such employment. Whoever vio- 2 lates such provisions shall be punished by a fine of not more than 3 one hundred dollars for each offence. Railroads, etc., not to require 1900, 282. SECTION 15. A corporation which is engaged in carrying pas- 1 certain bonds. sengers or in transporting freight for hire shall not require or 2 receive from a person who is employed or about to be employed by 3 it a bond or other security, either with or without surety, to in- 4 demnify such corporation against loss or damage to other persons 5 or to property resulting from the act or neglect of such person, except a bond to account for money or other property of such cor- 7 poration. A corporation or a person in its behalf who violates the 8 provisions of this section shall be punished by a fine of not more 9 than fifty dollars for the first offence and of not more than one 10 hundred dollars for each subsequent offence. 11 Contract for exemption of liability for SECTION 16. No person shall, by a special contract with his 1 employer from employees, exempt himself from liability which he may be under to 2 them for injuries suffered by them in their employment and re- 3 sulting from the negligence of the employer or of a person in his 4 175 Mass. 150. employ. bidden. 1877, 101. P. S. 74, § 3. 1894, 508, § 6. Report of accidents to employees. 1886, 260, §§ 1-3. 1890, 83. 1893, 111. 10, 61. 5 SECTION 17. All manufacturers, manufacturing corporations and 1 proprietors of mercantile establishments shall forthwith send to the 2 chief of the district police a written notice of any accident to an 3 1894, 481, §§ 8 employee while at work in any factory, manufacturing or mercan- 4 tile establishment operated by them, if the accident results in the 5 death of said employee or in such bodily injury as to prevent him 6 from returning to his work within four days thereafter. The chief 7 of the district police shall forthwith transmit to the sender of such 8 notice a written or printed acknowledgment of the receipt thereof, 9 and he shall keep a record of all accidents so reported to him, of the 10 11 name of the person injured, of the city or town in which the acci12 dent occurred and the cause thereof, and shall include an abstract 13 of said record in his annual report. Whoever fails to send notice. 14 of an accident as required by this section shall be punished by a 15 fine of not more than twenty dollars. 1 SECTION 18. Trade unions and other associations of wage Exemption 2 workers, whose principal objects are to deal with the relation be- from insurance 3 tween employers and employees relative to wages, hours of labor 1899, 468. 4 and other conditions of employment shall not be subject to the pro 5 visions of chapters one hundred and eighteen, one hundred and 6 nineteen and one hundred and twenty or of such other provisions 7 of law as relate to insurance companies or associations. HOURS OF LABOR. day's work, when. 1891, 350. 1 SECTION 19. Nine hours shall constitute a day's work for all Nine hours a 2 laborers, workmen and mechanics who are employed by or on behalf 3 of the commonwealth or of any county, city or town therein, ex4 cept as provided in the following section. Op. A. G. May 14, 1900. 1890, 375. 1894, 508, § 7. a day's work, 1900, 357. 1 SECTION 20. In a city or town which by a vote taken by ballot Eight hours 2 at an annual election accepts the provisions of this section or has when. 3 accepted the corresponding provisions of earlier laws, eight hours 1,344. 4 shall constitute a day's work for all laborers, workmen and mechanics 5 who are employed by such city or town. If a petition for such 6 vote, signed by one hundred or more registered voters of a city, or 7 twenty-five or more registered voters of a town, is filed with the 8 city or town clerk, respectively, thirty days or more before an 9 annual election, such vote shall be taken at such election. 1 specify length SECTION 21. Contracts by or on behalf of the commonwealth, Contracts to 2 requiring the employment of manual labor, shall provide that per- or day's work. 3 sons employed in manual labor thereunder shall not be required to 1895, 406, 4 work more than nine hours in each day and that said nine hours 5 shall constitute a day's work. 1 1894, 508, § 8. street railway 508, SECTION 22. A day's work for all conductors, drivers and Day's work of 2 motormen who are employed by or on behalf of a street railway employees. 3 company shall not exceed ten hours, and shall be performed within 1848, § 9. 4 twelve consecutive hours. No officer or agent of any such com5 pany shall require from said employees more than ten hours' work 6 for a day's labor; but on legal holidays, on days when the com7 pany is required to provide for extraordinary travel, and in case 8 of accident or unavoidable delay, extra labor may be performed 9 for extra compensation. The provisions of this section shall not 10 affect written contracts existing on the twenty-second day of July 11 in the year eighteen hundred and ninety-four. of minors and 1 SECTION 23. No minor under eighteen years of age and no Employment 2 woman shall be employed in laboring in a mercantile establishment women in mer3 more than fifty-eight hours in a week; but the provisions of this cantile estab 4 section shall not apply during December to persons who are em- 14, 275, § 1. 5 ployed in shops for the sale of goods at retail. lishments. 1894, 508, § 10. 1900, 378. |