« ForrigeFortsett »
EMPLOYING PERSONS TO TAKE PLACES OF STRIKERS. No employer, during the continuance of a strike, lockout or other labor trouble among his employees, shall directly or indirectly procure or attempt to procure persons to fill the places of employees involved in such strike, lockout or other labor trouble, if such persons are or have been solicited by means of advertisements or oral or written statements in which it has not been plainly and explicitly mentioned that a strike, lockout or other labor trouble exists in the establishment where such persons are to be employed. This provision shall apply whether such advertisements or oral or written solicitations were made within or without the commonwealth. [Acts, 1910, c. 445, as last am. by Acts, 1914, c. 347, § 2.] PROCURING OF HELP DURING STRIKE FOR EMPLOYER WHOSE HELP IS ON STRIKE. No person, firm, association or corporation, during the continuance of a strike, lockout or other labor trouble among the employees of another person, firm, association or corporation, shall procure, or attempt to procure, or assist in any way in procuring, or attempting to procure persons to work for such other person, firm, association, or corporation, to fill the places of employees involved in such strike, lockout or other labor trouble, if such persons are or have been solicited by advertisements or oral or written statements, whether made within or without the commonwealth, in which it has not been plainly and explicitly mentioned that a strike, lockout or other labor trouble exists in the establishment where such persons are to be employed. [Acts, 1910, c. 445, as last am. by Acts, 1914, c. 847, § 3.]
- Any person, firm, association or corporation violating any provision of this act shall, upon complaint of and after investigation by the state board of labor and industries, be punished by a fine not exceeding one hundred dollars for each offence. [Acts, 1910, c. 445, as last am. by Acts, 1914, c. 347, § 4, Gen. Acts, 1915, c. 108, and by Gen. Acts, 1916, c. 143, § 1.}
DETERMINATION OF THE NORMALITY OF BUSINESS AFTER A STRIKE. - The provisions of this act shall cease to be operative when the state board of conciliation and arbitration shall determine that the business of the employer, in respect to which the strike or other labor trouble occurred, is being carried on in the normal and usual manner and to the normal and usual extent. Upon the application of the employer, this question shall be determined by said board, but only after a full hearing at which all persons involved shall be entitled to be heard and be represented by counsel. The board shall give at least three days' notice of the hearing to the strikers and employees by publication in at least three daily newspapers published in the commonwealth. [Acts, 1910, c. 445, as last am. by Acts, 1914, c. 347, § 5, and by Gen. Acts, 1916, c. 89.]
INJUNCTIONS NOT TO BE ISSUED AGAINST EMPLOYEES EXCEPT IN CERTAIN CASES. It shall not be unlawful for persons employed or seeking employment to enter into any arrangements, agreements or combinations with the view of lessening the hours of labor or of increasing their wages or bettering their condition; and no restraining order or injunction shall be granted by any court of the commonwealth or by any judge thereof in any case between an employer and employees, or between employers and employees, or between persons employed and persons seeking employment, or involving or growing out of a dispute concerning terms or conditions of employment, or any act or acts done in pursuance thereof, unless such order or injunction be necessary to prevent irreparable injury to property or to a property right of the party making the application, for which there is no adequate remedy at law, and such property or property right shall be particularly described in the application, which shall be sworn to by the applicant or by his agent or attorney. [Acts, 1914, c. 778, § 1.]
PERSONAL RIGHTS. - In construing this act, the right to enter into the relation of employer and employee, to change that relation, and to assume and create a new relation for employer and employee, and to perform and carry on business in such relation with any person in any place, or to do work and labor as an employee, shall be held and construed to be a personal and not a property right. In all cases involving the violation of the contract of employment either by the employee or employer where no irreparable damage is about to be committed upon the property or property right of either, no injunction shall be granted but the parties shall be left to their remedy at law. [Acts, 1914, c. 778, § 2.]
NO EMPLOYEE TO BE PUNISHED FOR ENTERING INTO ARRANGEMENT TO BETTER CONDITIONS. No persons who are employed or seeking employment or other labor shall be indicted, prosecuted
1 Acts, 1914, c. 778, under this heading, has been recently held unconstitutional. See the case of Bogni v. Perotti, infra, p. 185.
or tried in any court of the commonwealth for entering into any arrangement, agreement, or combination between themselves as such employees or laborers, made with a view of lessening the number of hours of labor or increasing their wages or bettering their condition, or for any act done in pursuance thereof, unless such act is in itself unlawful. [Acts, 1914, c. 778, § 3.}
NOTICE OF PRELIMINARY INJUNCTION TO BE GIVEN. — - No preliminary injunction shall be granted without notice to the opposite party. No temporary restraining order shall be granted without notice to the opposite party, unless it shall clearly appear from specific facts, shown by affidavit or by the verified bill, that immediate and irreparable loss or damage will result to the applicant before the matter can be heard on notice. In case a temporary restraining order shall be granted without notice, in the contingency specified, the matter shall be made returnable at the earliest possible time, and in no event later than ten days from the date of the order, and shall take precedence of all matters except older matters of the same character. When the matter comes up for hearing the party who obtained the temporary restraining order shall proceed with his application for a preliminary injunction, and if he does not do so the court shall dissolve the temporary restraining order. Upon two days' notice to the party obtaining such temporary restraining order, the opposite party may appear and move the dissolution or modification of the order, and in that event the court or judge shall proceed to hear and determine the motion as expeditiously as the ends of justice may require. Every temporary restraining order shall be filed forthwith in the clerk's office. The provisions of this act shall not apply to any proceedings in the probate courts. [Acts, 1913, c. 515, § 1, as am. by Acts, 1918, c. 840.]
PUNISHMENT FOR VIOLATION OF INJUNCTIONS. - The defendant in proceedings for violation of an injunction, where it appears from the petition filed in court alleging the violation, that the violation is an act which also would be a crime, shall have the right to trial by jury on the issue of fact only, as to whether he committed the acts alleged to constitute the said violation, and the said trial by jury shall take place forthwith, and if there is no sitting of a jury in the county where the contempt proceedings are to be heard, a venire shall issue to impanel a jury forthwith. [Acts, 1911, c. 339, § 1.]
NOT TO APPLY TO PROBATE COURTS. The provisions of this act shall not apply to proceedings in the probate court. [Acts, 1911, c. 339, § 2.]
INTIMIDATION OF EMPLOYEES PROHIBITED. No person shall, by intimidation or force, prevent or seek to prevent a person from entering into or continuing in the employment of any person or corporation. [Acts, 1909, c. 514, § 18.]
PERSONS NOT TO be punished criminally for attempt to persuADE, ETC. — No person shall be punished criminally, or held liable or answerable in any action at law or in equity, for persuading or attempting to persuade by printing or otherwise any other person to do anything, or to pursue any line of conduct not unlawful or actionable or in violation of any marital or other legal duty, unless such persuasion or attempt to persuade is accompanied by injury or threat of injury to the person, property, business or occupation of the person persuaded or attempted to be persuaded, or by disorder or other unlawful conduct on the part of the person persuading or attempting to persuade, or is a part of an unlawful or actionable conspiracy. [Acts, 1913, c. 690.]
NON-RESIDENT EMPLOYEES MAY BE EMPLOYED AS SPECIAL POLICE OFFICERS. — If, in an emergency, special police officers are appointed under the name of police officers or any other name, to act as police officers for quelling a riot or disturbance or for protecting property no person shall be so appointed who is not a resident of this commonwealth unless he is a regular employee of the person or corporation whose property he is so appointed to protect. [Acts, 1909, c. 514, § 34.1
POLICE PROTECTION AUTHORIZED AND REGULATED. — A person or corporation may, at any time, if his or its property is in danger, call upon the regular police authorities in this commonwealth for assistance in its protection, and the provisions of this and the preceding section shall not limit or diminish such right; but no person or corporation shall request or authorize any person or body of persons not residents of this commonwealth, except regular employees, to assist such corporation with arms in the defence of its property, and no such request or authority shall justify an assault or attack with arms by a non-resident. Whoever, being an employer of labor, requests or authorizes assistance in violation of the provisions of this section and whoever renders such assistance with arms shall be severally liable in damages to each person injured in person or property thereby. [Acts, 1909, c. 514, § 35.]
OF THE BUREAU OF STATISTICS
I. REPORT ON THE STATISTICS OF LABOR.
(Public Document No. 15.)
The first Annual Report on the Statistics of Labor was published in 1870, the first Labor Bulletin in 1897, and Special Reports have been issued from time to time as occasion required. Beginning with the year 1913 all of these several publications of the Labor Division of the Bureau have been styled "Labor Bulletins", and a certain number of copies have been set aside for binding and publication at the end of the year under the title of the "Annual Report on the Statistics of Labor." The Labor Bulletins are numbered consecutively as issued, and each number contains matter devoted to one subject, concerning labor or the condition of the wage-earning population or questions of economic or social interest.
A list of the Bulletins issued since January 1, 1915, will be found below, any of which will be mailed to applicants upon request. Persons or organizations desiring to receive the Labor Bulletins as issued will be entered on our mailing list upon making application, and exchanges with publications having reference to industrial and social matters will be gladly made.
(A list of the Reports and Bulletins issued prior to January 1, 1915, will be furnished on application.) No. 104, February 1, 1915. Handbook of Labor Laws, 1914.
No. 105, March 1, 1915.
No. 106, April 1, 1915. No. 107, May 1, 1915. No. 108, June 1, 1915. 1914.
No. 109, July 1, 1915.
Sixth Annual Report on Labor Organizations, 1913.
Wages and Hours of Labor in the Manufacture of Paper Products in Massachusetts. No. 110, August 1, 1915. Labor Legislation in Massachusetts, 1915.
No. 111, September 1, 1915. Labor Bibliography, 1914.
No. 112, November 1, 1915. Seventh Annual Report on Labor Organizations, 1914,
No. 113. March 1, 1916. Fifteenth Annual Directory of Labor Organizations, 1916.
No. 114, April 1, 1916. Union Scale of Wages and Hours of Labor in Massachusetts, 1915.
No. 115, May 1, 1916. Wages and Hours of Labor in Stem and Electric Railway Service in Massachusetts. No. 116, September 1, 1916. Labor Legislation in Massachusetts, 1916.
No. 117, November 1, 1916. Labor Injunctions in Massachusetts.
II. REPORT ON UNEMPLOYMENT OF ORGANIZED WAGE-EARNERS.
The first Quarterly Report on Unemployment of Organized Wage-Earners was published in May, 1908. A few reports for the following quarters are still available for distribution, and will be sent to any address upon application.
Annual summaries were published in the Annual Reports on Labor Organizations of which the following are still available for distribution: 1912, 1913, 1914. Persons or organizations desiring to receive copies of these reports will be placed upon the mailing list upon making application.
III. REPORT ON THE STATISTICS OF MANUFACTURES.
(Public Document No. 36.)
The first Annual Report on the Statistics of Manufactures was published in 1886. Each report issued prior to 1907 contained comparisons for identical establishments, between two or more years, as to Capital Devoted to Production, Stock and Materials Used, Goods Made, Persons Employed, Wages Paid, and Time in Operation. Beginning with 1907 the comparisons for identical establishments were omitted, and all returns made to the Bureau were included in the tabulations. The twenty-ninth Annual Report, covering the year 1914, is available for distribution, and the thirtieth Annual Report, covering the year 1915, is now in press.