Concurred in by: National Erectors' Association, 33 West 42nd St., New York City. New York and New Jersey Branch of National Metal Trades Association. Central New York Branch National Metal Trades Association, Syracuse, New York. General Contractors' Association, New York City. Iron League of New York, Inc., New York City. Manufacturers' Association of Jamestown, Jamestown, New York. Manufacturers' Association of Poughkeepsie, Poughkeepsie, New York. Manufacturers' Association of Syracuse, Syracuse, New York. Industrial Association of Utica, Utica, New York. Chamber of Commerce of Rochester, Rochester, New York. Association of New York State Canners, Inc., Rochester, New York. DECEMBER 6, 1933. To the Honorable Commission on the Administration of Justice of New York State, GENTLEMEN: Your Honorable Committee, having under consideration the general subject of the administration of justice in the State of New York, was requested by Governor Lehman to especially investigate the practice of issuing injunctions in labor disputes. You devoted a special hearing to that subject, November 15th, in which the undersigned, unfortunately, were unable to participate. During such hearing you were urged by various proponents to recommend legislation which would prohibit the issuance of injunctions in any labor dispute, or, as an alternative, the adoption of the so-called Federal Anti-Injunction Act of March 23rd, 1932. Your petitioners disagree with that view as against the public interest and with the fundamental assertions upon which it is predicated, which may be briefly summarized from proponents' argument as follows: First, that the issuance of injunctions in labor disputes ought to be prohibited as a sound social policy. Second, as was frankly declared by Mr. Louis Waldman, Chairman of the State Socialist Party and counsel for various labor organizations, in his petition to the Governor urging this inquiry, September 7, 1933: "For labor to preserve the right to bargain collectively it is necessary to protect it by legislation from judicial interference with its lawful practices of organizing, striking and picketing which alone can compel employers to bargain collectively with it." In response to the assertions of law and fact made in support of proponents' position, we beg to submit the following considerations: EXHIBIT 5376 NATIONAL ASSOCIATION OF MANUFACTURERS OF THE UNITED STATES General Offices: 11 West 42d Street, New York City Law Department: Investment Building, Washington, D. C. From the NATIONAL INDUSTRIAL COUNCIL, 11 West 42d Street, New York, N. Y., January 29, 1934. In Re Data Required For A Detailed Survey of 1933-34 State Recovery and Anti-Injunction Legislation. To the Members of the Advisory Committee of the National Industrial Council: GENTLEMEN: At your earliest convenience will you kindly send to us the text (and any explanatory comments you desire) of any legislation passed in your respective states in 1933 (or 1934 to date) on: (a) State Recovery Laws (patterned after the N. I. R. A.) (b) Prohibiting or restricting issuance of injunctions in labor disputes With your prompt cooperation in the matter we purpose to issue and distribute a national survey compilation of these important items of recent state legislative consideration and action. Very truly yours, M. J. HICKEY, Secretary, National Industrial Council. EXHIBIT 5377 FEDERAL INCORPORATION OF TRADE UNIONS (This exhibit is dated March 18, 1937, and is a memorandum to the executive officers of the N. A. M. from the Law Department on "Proposal for Federal Incorporation of Labor Unions." Its text is substantially the same as that of the similarly entitled section of exhibit 5384 and it is not printed. Cf. exhibit 3383) It has been reported in the current press that the executive committee of the South Carolina Federation of Labor has instructed its legislative committee to draft a bill similar to the Wagner Labor Disputes Act for introduction at the 1935 session of the General Assembly. At a conference recently held at Columbia the newly elected executive council of the State Federation agreed to sponsor this legislation. Furthermore, John F. Gatelee, President of the Massachusetts State labor organization, in a keynote speech delivered at the fiftieth annual conference of the State Federation of Labor referred to the major legislative goals of 1936 and urged the passage of a "baby Wagner Labor Disputes Bill" to give the workers inside the state of Massachusetts the same privilege in "intrastate" commerce as the state receives nationally in interstate commerce. This legislation, he declared, should be passed by every state in the Union. The real significance of these activities on the part of labor leaders is sensed when it is remembered that most lawyers, including some labor lawyers, believe the federal act will be declared unconstitutional. The plea will be to support the federal legislation with a State "Wagner Act". It isn't difficult to see that if the federal law is held unconstitutional the State acts remain in force. State associations should be especially alert to this legislative strategy if attempted in your state, bringing its true significance to the attention of both your members and the lawmakers. The subject is one which concerns all other states just as vitally as it does South Carolina and Massachusetts. Yours very truly, WALTER B. WEISENBURGER, EXHIBIT 5379 [Copy-From Mr. Weisenburger announcing that Baby Wagner Acts have been proposed in 12 to 14 States] MARCH 18, 1937. As you are probably aware, "Baby Wagner Acts" have been offered to the legislatures of 12 to 14 states. In many cases they have gained considerable momentum and various industrialists have suggested adjustments as embodied in the substitute amendments offered to the State of Wisconsin. The purpose of this letter is not to endorse or recommend such a course, but to prepare you with the information in case of need. I believe a copy of this proposal will be of interest to you and enclose it herewith for your information. To create chapter 111 and to amend section 20.57 of the statutes, relating to the promotion of equality of bargaining power between employers and employes, the prevention of unfair labor practices, the settlement of labor disputes, the granting of certain powers to the Industrial Commission of Wisconsin, providing a penalty, and making an appropriation. The people of the State of Wisconsin, represented in senate and assembly, do enact as follows: SECTION 1. A new chapter is added to the statutes to read: CHAPTER 111. LABOR RELATIONS 111.01. Declaration of Policy. The public policy of the states as to labor relations and collective bargaining is declared to be as follows: (1) Negotiations of terms and conditions of work should result from voluntary agreement between employers and employes. For the purpose of such negotiations an employe has the right to associate with others in the choice of collective bargaining representatives, and it is the duty of the state to guarantee full freedom of choice in the exercise of such right without coercion, restraint, or intimidation from any source. (2) Industrial peace, regular income for the wage earner and uninterrupted production of goods are in the public interest. These are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relationships, and the availability of suitable machinery for the prompt adjustment of whatever disputes may arise. The state accepts the duty of affording means for thus promoting the public interest. (3) The provisions of this chapter are enacted in furtherance of the abovestated public policy of the state. 111.02. Definitions.-When used in this chapter: (1) The term "person" includes one or more individuals, partnerships, associations, labor organizations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. (2) The term "employer" includes any person acting in the interest of an employer, directly or indirectly, but shall not include the state, or any political subdivision thereof, or any labor organization, (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. (3) The term "employee" shall include any employee working in the state of Wisconsin, and shall not be limited to the employes of a particular employer, unless the context clearly indicates otherwise, and shall include any individual whose work has ceased solely as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not refused or failed to return to work upon the final disposition of a labor dispute under this Act, been found to have committed or have been a party to any unfair labor practice hereunder, or obtained regular and substantially equivalent employment elsewhere, but shall not include any individual employed as an agricultural laborer, or in the domestic service of any family or person at his home, or any individual employed by his parent or spouse. (4) The term "representatives" includes any individual, committee, or labor organization selected by the employe to represent him. (5) The term "bona fide labor organization" means any organization or agency or employe representation committee or plan (a) in which employes freely participate; (b) which exists for the purpose in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other terms and conditions of employment; (c) which maintains an accounting system, causes an annual audit of its books to be made by a person qualified to make the same and presents the report of such audit to all of its members, and (d) has registered with and is licensed by the Commission as provided by section 111.03. (6) "Collective bargaining" is the negotiating by an employer and two or more of his employes (or their representatives) concerning a proposal made by the employes to their employer, or vice versa, concerning the terms and conditions of employment of such employes, in a mutually genuine effort to reach an agreement with reference to the subject under negotiation. (7) The term "collective bargaining unit" shall mean all of the non-executive and non-supervisory employes of one employer, except that where a majority of the employes engaged in a single craft, operation, division, department, or plant thereof shall have voted by secret ballot to constitute such groop of separate collective bargaining agency they shall be so considered, and one or more collective bargaining units in the employ of one or more employers shall be considered a single collective bargaining unit where a majority of the employes in each such separate unit shall have voted by secret ballot to participate in such combination for the purpose of selecting collective bargaining representatives. (8) The term "unfair labor practice" means any unfair labor practice as defined in section 111.05. (9) The term "labor dispute" includes any controversy between two or more persons, whether employers or groups of employers, or employes or groups of employes, or one or more of both, concerning terms, tenure or conditions of employment, or concerning the association or representation of persons, in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment. (10) The term "all union agreement" shall mean an agreement between an employer and a bona fide labor organization which he does not dominate or control whereby all of his employes eligible to membership in said organization are required to be members of said organization. (11) The term "Commission" means the Industrial Commission of Wisconsin. 111.03 Commission shall make rules, regulations and orders.-(1) The Commission may adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all hearings; such rules and regulations shall be effective ten days after their publication in the official state paper. A copy of such rules and regulations shall be delivered to every citizen making application therefore, and a copy delivered with every notice of hearing. (2) The Commission shall issue a "bona fide labor organization license" annually to any employe organization or association which has registered for the current calendar year by filing with the Commission an application verified by its president or other principal officer stating (a) that the applicant is an organization, agency, employe representation committee or plan in which em ployes freely participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of work or other terms and conditions of employment, (b) that the applicant maintains an accounting system, has caused an audit of its books for the preceding calendar year to be made by a person qualified to make the same and has presented a report of such audit to all of its members, (c) that the applicant is not dominated or supported by any employer and is complying with the provisions of this act, and (d) the names and addresses of its officers, organizers, agents, and employes. 111.04 Rights of employes.-Employees shall have the right to individual action, to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. Nothing contained herein shall be deemed to prevent an employer from entering into an "all union agreement", as hereinbefore defined, with bona fide labor organizations (not established maintained, or assisted by any action defined in this chapter as an unfair labor practice). 111.05 What are unfair labor practices.-(1) It shall be unfair labor practice for an employer: (a) To interfere with, restrain or coerce employes in the exercise of the rights guaranteed in section 111.04. (b) To dominate or interfere with the formation or administration of any labor organization by contributing financial or other support to it, directly or indirectly, provided that, in the absence of any discrimination prohibited by paragraph (c) of this subsection, an employer shall not be prohibited from paying employes for time lost while conferring with him at his request during working hours. (c) By discrimination in regard to hire or tenure of employment or term or condition of employment to encourage or discourage membership in any bona fide labor organization, provided: That nothing in this chapter, or any other part of the statutes, or in any code or agreement approved or prescribed by law, shall preclude an employer from making an agreement with a bona fide labor organization (not maintained or assisted by any action defined in this chapter as an unfair labor practice) to require as a condition of employment membership therein. (d) To discharge or otherwise discriminate against an employe because he has filed charges or given testimony under the provision of this chapter. (e) To refuse to bargain collectively with any bona fide labor organization representing his employes. (f) To deal with any labor organization not representing any of his emploves. (g) To discharge, lay off or lock out employes without first giving the Commission at least five days' written notice thereof. (h) To violate the terms of a collective bargaining agreement. (i) To employ professional labor spies. (j) To commit any crime or misdemeanor in connection with a labor dispute. (2) It shall be an unfair labor practice for employes individually or collectively, or their organizations, representatives or agents: (a) To coerce or intimidate an employe in the exercise of his rights guaranteed in section 111.04. (b) To take unauthorized possession of property of his employer. (c) To violate the terms of a collective bargaining agreement. (d) To commit any crime or misdemeanor in connection with a labor dispute. (e) To engage in picketing, boycotting or any other overt concomitant of a strike in connection with any labor dispute unless a majority of the employes constituting the unit appropriate for collective bargaining which purports to have a labor dispute shall first have voted by secret ballot to declare the same to exist; provided, however, that nothing herein shall be construed as prohibiting an employe individually or a group of employes collectively from leaving their employment nor compelling them to render labor or services without their consent. (f) Going on strike without first giving the employer and the Commission at least five days' written notice thereof. |