XV. LABOR DISPUTES, MEDIATION, AND ARBITRATION

Use of injunctions in labor disputes. Section 1747ff. 2. No restraining order or injunction shall be granted by any court of this state, or a judge or judges thereof, in any case between an employer and employes, or between employers and employes, or between employes, or between persons employed and persons seeking employment, involving. or growing out of a dispute concerning terms or conditions of employment, unless necessary to prevent irreparable injury to property or to a property right of the party making the application, for which injury there is no adequate remedy at law, and such property or property right must be described with particularity in the application, which must be in writing and sworn to by the applicant or by his agent or attorney.

3. No such restraining order or injunction shall prohibit any person or persons, whether singly or in concert, from terminating any relation of employment, or from ceasing to perform any work or labor, or from recommending, advising, or persuading others by peaceful means so to do; or from attending at any place where any such person or persons may lawfully be, for the purpose of peacefully obtaining or communicating information, or from peacefully persuading any person to work or to abstain from working; or from ceasing to patronize or to employ any party to such dispute, or from recommending, advising. or persuading others by peaceful and lawful means so to do; or from paying or giving to, or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value; or from peaceable assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall any of the acts specified in this paragraph to be considered or held to be violations of any laws of this state.

Injury to business; restraint of will. Section 4466a. Any two or more persons who shall combine, associate, agree, mutually undertake or concert together for the purpose of wilfully or maliciously injuring another in his reputation, trade, business or profession by any means whatever, or for the purpose of maliciously compelling another to do or perform any act against his will, or preventing or hindering another from doing or performing any lawful act shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding five hundred dollars.

Section 4466b.

Any

Blacklisting and coercion of employes. two or more persons, whether members of a partnership or company or stockholders in a corporation, who are employers of labor, who shall combine or agree to combine for the purpose of preventing any person seeking employment from obtaining the same, or for the purpose of procuring or causing the discharge of any employe by threats, promises circulating blacklists or causing the same to be circulated, or who shall, after having discharged any employe, prevent or attempt to prevent such employe from obtaining employment with any other person, partnership, company or corporation by the means aforesaid, or shall authorize, permit or allow any of his or their agents to blacklist any discharged employe or any such employe who has voluntarily left the service of his employer, or circulate a blacklist of such employe to prevent his obtaining employment under any other employer, or who shall coerce or compel any person to enter into an agreement not to unite with or become a member of any labor organization as a condition of his securing employment or continuing therein, shall be punished by fine of not more than five hundred dollars nor less than one hundred dollars, which fine shall be paid into the state treasury for the benefit of the school fund. Nothing in this section shall prohibit any employer of labor from giving any other such employer, to whom a discharged employee has applied for employment, or to any bondsman or surety, a truthful statement of the reasons for such discharge, when requested so to do by such employe, the person to whom he has applied for employment, or any bondsmen or surety; but it shall be a violation of this section to give such information with the intent to blacklist, hinder or prevent such employe from obtaining employment; neither shall anything herein contained prohibit any employer of labor from keeping for his own information and protection a record showing the habits, character and competency of his employes and the cause of the discharge or voluntary quitting of any of them.

Preventing pursuit of work. Section 4466c. Any person who by threats, intimidation, force or coercion of any kind shall hinder or prevent any other person from engaging in or continuing in any lawful work or employment, either for himself or as a wage worker, or who shall attempt to so hinder or prevent shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not more than six months, or by both fine and imprisonment in the discretion of the court.

Unlawful assembly and the suppression thereof. Sections 45114519. (Summary). Three or more persons who assemble in a violent or tumultuous manner to do an unlawful act or who commit such an act while assembled are to be deemed guilty of unlawful assembly and may be punished by imprisonment for not more than one year, or by a fine not exceeding five hundred dollars.

Sheriffs and their deputies, mayors and aldermen of cities, presidents and trustees of villages, and township supervisors, are required under penalty of a fine not exceeding three hundred dollars, to go in the midst of any mob of twelve or more persons, if armed, or thirty or more persons, if not armed, which is unlawfully or riotously assembled within the county, city, village or town, and command them in the name of the state of Wisconsin to disperse immediately. If this command is not obeyed, they must summon to their assistant any other persons present to aid in dispersing and seizing the rioters; and the person summoned may not refuse

to give assistance under penalty of fine and imprisonment. If in discharge of this duty any rioter or spectator is killed, the officers and the persons assisting them are to be deemed guiltless, while all persons in the mob are answerable for the death of any such officer and his aids. If property is destroyed the rioters are subject to imprisonment for from three to seven years.

Liability of cities and counties for damages done by mobs. Section 938 to 940. (Summary). Cities are liable in damages for injuries to persons or property done by mobs within their limits, if the parties injured used all reasonable diligence to prevent the same and immediately notified the mayor when danger threatened. Counties are responsible for such injuries outside of city limits, if notice was given to the sheriff. If the mayor or sheriff fails to use all legal means to prevent the injury after due notice, they may be sued personally, in lieu of the city or county. Cities or counties required to pay damage under these sections have an action to recover the same from the rioters.

Fraudulent advertising for labor. Section 1729p. 1. It shall be unlawful to influence, induce, persuade or attempt to nfluence, induce, persuade or engage workmen to change from one place of employment to another in this state or to accept employment in this state or to bring workmen of any class or call'ng into this state to work in any department of labor in this state, through or by means of any false or deceptive representation, false advertising or false pretenses concerning the kind and character of the work to be done, or amount and character of the compensation to be paid for such work, or the sanitary or other conditions of the employment, or failure to state in any advertisement, proposal or contract for the employment that there is a strike or lockout at the place of the proposed employment, when in fact such strike or lockout then actually exists in such employment at such place. Any of such unlawful acts shall be deemed a false advertisement, or misrepresentation for the purposes of this section.

2. Any person, who by himself, his servant or agent, or as the servant or agent of any other person, or as an officer, director, servant or agent of any firm, corporation, association or organization of any kind, shall violate any of the provisions of sub-section 1 of this section shall upon conviction thereof be punished by a fine of not more than two thousand dollars or by mprisonment in the county jail not more than one year or by both such fine and imprisonment.

3. Any person who shall be influenced, induced or persuaded to engage with any persons mentioned in subsection 1 of this section, through or by means of any of the things therein prohibited, shall have a right of action for recovery of all damages that he shall have sustained in consequence of the false or deceptive representation, false advertising or false pretenses used to induce him to change his place of employment or to accept such employment, against any person or persons, corporations or companies or associations, directly or indirectly causing such damages; and in addition to all such actual damages such workman may have sustained, shall be entitled to recover such reasonable attorney fees as the court shall fix, to be taxed as costs in any judgment recovered.

Unauthorized employment of special police in strikes. Section 4575b. Any person who, for himself or as an agent or officer of any firm, joint stock company or corporation, shall use or employ or aid or assist in employing any body of armed men to act as

militiamen, policemen or peace officers for the protection of persons or property or for the suppression of strikes, whether such armed men be employes of detective agencies so called, or otherwise, they not being authorized by the laws of this state to act In such capacity, shall be punished by a fine not exceeding one thousand dollars or by imprisonment in the state prison not less than one year nor more than three years, or by both such fine and imprisonment.

Licenses for private detective agencies. Section 1636-12m. (Summary). No private agency may be conducted unless it has been licensed by the secretary of state. The application for a license must be approved by the fire and police commission or the police chief of the city in which the agency is to be conducted, and by five reputable freeholders of the county. No license may be granted until the secretary of state has satisfied himself of the good character competency and integrity of the applicant and until an approved bond taken in the name of the state has been filed in the sum of two thousand dollars, with two freeholders of the state as sureties, conditioned upon faithful and honest conduct. Licenses are granted for five years, but may be revoked at any time by the secretary of state for cause. The license fee is two hundred dollars. No licenses are required for regular police officers acting as detectives, or for any detective or watchman employed by railroad companies under the provisions of section 1861a. Employes and agents of licensed private detectives are not required to be licensed themselves, but the licensees are responsible for their good conduct. Any person injured by the wilful, malicious or wrongful act of a licensed private detective may bring an action on the bond in h's own name to recover damages suffered. Violation of this section is punishable as a misdemeanor by a fine not exceeding two hundred dollars, or by imprisonment in the county jail not exceeding six months or by both such fine and imprisonment.

Duties and powers of the Industrial Commission in labor disputes. Section 2394-52. (In part). It shall also be the duty of the Industrial commission, and it shall have power, jurisdiction and authority:

(8) To do all in its power to promote the voluntary arbitration, mediation and conciliation of disputes between employers and employes, and to avoid the necessity of resorting to lockouts, boycotts, blacklists, discriminations and legal proceedings in matters of employment. In pursuance of this duty it may appoint temporary boards of arbitration, provide necessary expenses of such boards, order reasonable compensation not exceeding five dollars per day for each member engaged in such arbitration, prescribe rules of procedure for such arbitration boards, conduct investigations and hearings publish reports and advertisements, and may do all other things convenient and necessary to accomplish the purposes directed in sections 2394-41 to 2394-71, inclusive. The commission shall designate a deputy to be known as chief mediator and may detail other deputies from time to time to act as his assistants, for the purpose of executing these provisions. Deputies may act on temporary boards without extra compensation.

Board of Conciliation. Chapter 530. Laws of 1919. Section 1. A board of conciliation is hereby created to consist of three members, one of whom shall be a skilled employe, but not having

employing or discharging power, one of whom shall be an employer of labor, and one of whom shall have a general knowledge of manufacturing and labor conditions. Immediately after passage of this act, the governor, by and with the advice and consent of the senate, shall appoint such members, but no member so appointed shall act until so confirmed. The term of the first such appointee shall terminate on the first Monday of February, 1920; the term of the second such appointee shall terminate on the first Monday of February, 1921; and the term of the third such appointee shall terminate on the first Monday in February, 1922. In January, 1920, and annually thereafter, there shall be appointed and confirmed in the same manner, one member for the term of three years from the first Monday in February in such year. Each member shall hold his office until his successor is appointed and qualified. Any vacancies shall be filled by appointment by the governor for the unexpired term, subject to confirmation by the senate, but such appointment shall be in full force until acted upon by the senate. Each member shall receive five dollars per day when actually and necessarily engaged in the discharge of his duties as a member of such board, together with his actual and necessary traveling expenses.

Section 2. Whenever any dispute shall arise between an employer of more than twenty-five persons in a common employment, and his employes, over the wages of such employes such employer, or any number of such employes more than one-half, working in a common employment, may request the board of conciliation to investigate and report as to what is a fair, equitable, and just wage for such employes under all the circumstances surrounding both such employer and his employes. The board may, upon receiving such request, investigate and report as to what, in their opinion. is a fair, equitable, and just wage under all circumstances and conditions surrounding both such employer and his employes. In the event such dispute shall arise between any public service corporation and its employes of any class. division or grade, and said board of conciliation shall investigate and report thereon as herein provided, and determine the wages hours of labor, or working conditions to which such employes are reasonably entitled, such determination shall be immediately submitted to the railroad commission of Wisconsin, which railroad commission shall without delay further investigate the said matter and make and file its determination therein, confirming or modifying the report of said board within forty-five days after receiving the same. If the earnings of such public service business in which such employes are engaged are found to be sufficient to meet the cost of making the determination of the said commission effective without depriving said corporation of a fair return upon the capital employed in such business, as determined by the railroad commission, said railroad commission shall order such public service corporation to make effective the wages, hours of labor and working conditions so determined by it to be fair, equitable, and just, otherwise the commission shall provide for such a revision of the rates, tariffs, and charges of such public service business as will enable it to meet such cost and yield a fair rate of return upon the capital employed therein, as determined by the railroad commission, which order of the railroad commission shall be subject to review in the manner now provided by law for the review of order relating to the rates and service of the public service business affected by the order sought to be reviewed.