Sidebilder
PDF
ePub

judges appointed to sit in case of change of judge in civil actions. In case the judge of the circuit court, whose duty it shall become under this act to sit upon any board of arbitration, shall be at the time actually engaged in a trial which can not be interrupted without loss and injury to the parties, and which will in his opinion continue for more than three days to come, or is disabled from acting by sickness or otherwise, it shall be the duty of such judge to call in and appoint some other circuit judge, or some Special judge. judge of a superior court, or the appellate or supreme court, to sit upon such board of arbitrators, and such appointed judge shall have the same power and perform the same duties as member of the board of arbitration as are by this act vested in and charged upon the circuit judge regularly sitting, and he shall receive the same compensation now provided by law to a judge sitting by appointment upon a change of judge in civil cases, to be paid in the same way.

SEC. 7050n. If the parties to any such labor controversy as is Investigation defined in section 4 [70500) of this act shall have failed at the end

without appli

cation, of five days after the first communication of said labor commission with them to adjust their differences amicably, or to agree to submit the same to arbitration, it shall be the duty of the labor commission to proceed at once to investigate the facts attending the disa greement. In this investigation the commission shall be entitled, upon request, to the presence and assistance of the attorney-general of the State, in person or by deputy, whose duty it is hereby made to attend without delay, upon request by letter or telegram from the commission. For the purpose of such investigation the commission shall have power to issue subpænas, and each of the commissioners shall have power to administer oaths and affirmations. Such subpæna shall be under the seal of the commission and signed by the secretary of the commission, or a member of it, and shall command the attendance of the person or persons named in it at a time and place named, which subpoena may be served and returned as other process by any sheriff or constable in the State. In case of disobedience of any such subpæna, or the refusal of any witness to testify, the circuit court of the county within which the subpæna was issued, or the judge thereof in vacation, shall, upon the application of the labor commission, grant a rule against the disobeying person or persons, or the person refusing to testify, to show cause forthwith why he or they should not obey such subpoena, or testify as required by the commission, or be adjudged guilty of contempt, and in such proceedings such court, or the judge thereof in vacation, shall be empowered to compel obedience to such subpena as in the case of subpæna issued under the order and by authority of the court, or to compel a witness to testify as witnesses in court are compelled to testify. But no person shall be required to attend as a witness at any place outside the county of his residence. Witnesses called by the labor commission under this section shall be paid $1 per diem fees out of the expense fund provided by this act, if such payment is claimed at the time of their examination.

Sec. 70500. Upon the completion of the investigation authorized Report. by the last preceding section, the labor commission shall forthwith report the facts thereby disclosed affecting the merits of the controversy in succinct and condensed form to the governor, who, unless he shall perceive good reason to the contrary, shall at once authorize such report to be given out for publication. And as soon thereafter as practicable, such report shall be printed under the direction of the commission and a copy shall be supplied to anyone requesting the same.

Sec. 7050p. Any employer shall be entitled, in his response to the Confidential inquiries made of him by the commission in the investigation pro- statements. vided for in the two last preceding sections, to submit in writing to the commission, a statement of any facts material to the inquiry, the publication of which would be likely to be injurious to his business, and the facts so stated shall be taken and held as confidential, and shall not be disclosed in the report or otherwise.

Compensa- SEC. 7050q. Said commissioners shall receive a compensation of tion.

eighteen hundred dollars each per annum, and actual and necessary traveling expenses while absent from home in the performance of duty, and each of the two members of a board of arbitration chosen by the parties under the provisions of this act shall receive five dollars per day compensation for the days occupied in service upon the board. The attorney-general, or his deputy, shall receive his necessary and actual traveling expenses while absent from home in the service of the commission. Such compensation and expenses shall be paid by the treasurer of State upon warrants drawn by the auditor upon itemized and verified accounts of time spent and expenses paid. All such accounts, except those of the commissioners, shall be certified as correct by the commissioners, or one of them, and the accounts of the commissioners shall be certified by the secretary of the commission.

Wages preferred-In assignments, execution, etc.

Wages to be SECTION 7051. Hereafter, when the property of any company, paid first.

corporation, firm or person, engaged in any manufacturing,
mechanical, agricultural or other business or employment, or in
the construction of any work or building, shall be seized upon
any mesne or final process of any court of this State, or where
their business shall be suspended by the action of creditors or
put into the hands of any assignee, receiver or trustee, then in
all such cases the debts owing to laborers or employees, which
have accrued by reason of their labor or employment to an
amount not exceeding fifty dollars to each employee, for work
and labor performed within six months next preceding the seizure
of such property, shall be considered and treated as preferred
debts, and such laborers or employees shall be preferred creditors
and shall be first paid in full, and if there be not sufficient to pay
them in full, then the same shall be paid to them pro rata, after
paying costs.

This act is constitutional. 60 N. E. Rep. 342.
A laborer's claim is superior to a prior mortgage. 44 N. E. Rep. 576.

Property conveyed by an insolvent firm to its creditors is taken subject to the liens of laborers as provided by this section. 112 Ind. 390.

The statute applies to all classes of laborers, and does not prefer one class over another. 135 Ind. 481.

A superintendent in charge of workmen is a laborer within the meaning of this section. 124 Ind. 159.

Hours of labor.

Light hours SECTION 7052. Eight hours shall constitute a legal day's work a day's work. for all classes of mechanics, workingmen and laborers, excepting

those engaged in agricultural or domestic labor, but overwork for an extra compensation by agreement between employer and empioyee is hereby permitted.

This act applies only to laborers employed by the day, and is not applicable where the circumstances under which the employment is taken imply that more than eight hours' labor will be expected in a day. 5 Ind.

App. 172. Application SEC. 7053. This act shall apply to all persons, firms, corporaof law.

tions, companies or associations employing labor in this State, and to all mechanics, workingmen and laborers now, or hereafter employed by this State or any municipal corporation herein, through its agents, or officers, or in the employ of persons contracting with the State, or any municipal corporations thereof for performance of labor on the public works of this State, or such

corporation. Penalty.

SEC. 7054. Any person, firm, company, corporation or association doing business in this State, or any officer or agent of this State or municipal corporation thereof, who shall violate or otherwise evade the provisions of this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum

Secret

ev

not greater than five hundred dollars, and if the person or persons
violating the same be an officer or agent of this state, or of any
municipal corporation thereof, he shall, in addition to such fine,
be removed from his position.
SEC. T055. Any party or parties contracting with this State, or

sion.
any municipal corporation thereof, who shall fail to comply with,
or secretly evade, the provisions hereof, by exacting and receiving
more hours of labor than is herein fixed, shall be deemed guilty
of a misdemeanor, and upon conviction thereof, shall be fined in
any sum not greater than five hundred dollars, and in addition
thereto, in the option of the State or municipal corporation, forfeit
such contract.

Payment of wages.

Fines.

SECTION 7058. All debts due any person for manual or me- Wages to be chanical labor shall be a preferred claim in all cases against any paid tirtinas

, etc. individual, copartnership, corporation or joint stock .company where the property thereof shall pass into the hands of an assignee or receiver, and such assignee or receiver in the distribution and payment of the debts shall be required to first pay in full all debts due for manual or mechanical labor before paying any other, except the legitimate costs and expenses.

Contractors who erect buildings and furnish materials are not laborers within the meaning of this section. 18 Ind. App. 458.

Nor do general managers of manufacturing works come within its provisions. 153 Ind. 315.

But superintendents in charge of works are regarded as laborers. 124
Ind. 159.
Railroad companies are included within the act. 4 Ind. App. 66.

SEC. 7059b. It shall be unlawful for any employer to assess a fine on any pretext against any employee and retain the same or any part thereof from the wages of said employee at the time of payment fixed in this act, or at any other time, and a change in the current rate of wages paid is prohibited without a written notice given to each employee so affected twenty-four hours before such change shall take place.

SEC. 7059. The assignment of future wages, to become due to Assigning employees from persons, companies, corporations or associations future wages. affected by this act, is hereby prohibited, nor shall any agreement be valid that relieves said persons, companies, corporations or associations from the obligation to pay weekly, the full amount due, or to become due, to any employee in accordance with the provisions of this act: Provided, That nothing in this act shall be construed to prevent employers advancing money to their employees.

This is a constitutional provision. 65 N. E. Rep. 521.

SEC. 7059d. Any person, company, corporation or association, Penalty. found guilty by a court of competent jurisdiction of having violated the third and fourth sections of this act [secs. 7059b and 7059c] shall be deemed guilty of having committed a misdemeanor, and shall be fined by such court in any sum not exceeding two hundred dollars.

SEC. 7059e. It is hereby made the duty of the chief inspector Enforceand of the department of inspection to enforce the provisions of ment. this act by the processes of the courts, and in the name of the State; and, upon their failure so to do, any citizen of the State is hereby authorized to do the same in the name of the State.

SEC. 7060. Any person, copartnership, corporation or association, Issue of or any member, agent or employee thereof, who shall publish, checks, etc. issue or circulate any check, card or other paper which is not commercial paper payable at a fixed time in any bank in this State, at its full face value in lawful money of the United States, with eight per cent interest or by bank check or currency issued by authority of the United States government, to any employee of such person, copartnership, corporation or association, in payment for any work or labor, done by such employee or in payment for any labor contracted to be done by such employee shall be guilty

of a misdemeanor, and upon conviction thereof, shall be fined in any sum not more than one hundred dollars.

Scrip issued in violation of this section gives neither the laborer who accepts nor a third party who purchases such scrip any right of action.

51 N. E. Rep. 427. ale of SEC. 7061. It shall be unlawful for any corporation, company, goods, etc.

association, firm or person, described in section 1 [7059] of this act, or the officers and agents of such to sell either directly or indirectly to any employee of such corporation, company, association, firm or person any merchandise or supplies at a higher price than such merchandise or supplies are sold by such corporation,

company, association, firm or person to others for cash. Failure to

SEC. 7062. Every corporation, company, association, firm or perDay.

son who shall fail, after demand of payment has been made, to pay employees for their labor, in conformity with the provisions of this act, shall be liable to such employee for the full value of his labor, to which shall be added a penalty of one dollar for each succeeding day, not exceeding double the amount of wages due, and a reasonable attorney's fee to be recovered in a civil action and collectible without relief from valuation and appraisement

laws. Penalty, SEC. 7063. Every corporation, company, association, firm or per

son who violate[s] any of the provisions of section three (3) of this act (sec. 7061) shall be deemed guilty of a misdemeanor, and upon conviction shali be fined in any sum not less than five nor

more than one hundred dollars, Liens not af. SEC. 7064. This act shall not in any way affect the liens of fected.

laborers as now secured to them by the laws of this State. Biweekly pay SEC. 7065. Every corporation, association, company, firm or perday.

son engaged, in this State, in mining coal, ore or other mineral, or quarrying stone, or in manufacturing iron, steel lumber, staves, heading[,] barrels, brick, tile[:] machinery, agricultural or mechanical implements, or any article of merchandise, shall pay each employee of such corporation, company, association, firm or person, if demanded, at least once every two weeks, the amount due such employee for labor, and such payment shall be in lawful money of the United States, and any contract to the contrary shall be void.

The legislature has authority to regulate the payment of wages to em.

ployees. 121 Ind. 366. issue 0 1 Sec. 7066. Any person, copartnership, corporation or association, checks, etc.

or any member, agent or employee thereof, who shall publish, issue or circulate any check, card or other paper, which is not commercial paper payable at a fixed time in any bank in this State, at its full face value, in lawful money of the United States, with eight per cent interest, or by bank check or currency issued by authority of the United States Government, to any employee of such person, copartnership, corporation or association, in payment for any work or labor done by such employee, or in payment for any labor contracted to be done by such employee, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in

any sum not more than one hundred dollars. Sale of SEC. 7067. It shall be unlawful for any corporation, company, goods, etc

association, firm or person described in section one (1) of this act (sec. 7065), or the officers and agents of such, to sell, directly or indirectly, to any employee of such corporation, association, firm or person, any merchandise or supplies at a higher price than such merchandise or supplies are sold by such corporation, company,

association, firm or person to others for cash. Failure to SEC. 7068. Every corporation, company, association, firm or perpay.

son who shall fail for ten days after demand of payment has been made to pay employees for their labor, in conformity with the provisions of this act, shall be liable to such employee for the full value of his labor, to which shall be added a penalty of one dollar for each succeeding day, not exceeding double the amount of

as

to

wages.

wages due, and a reasonable attorney's fee, to be recovered in a civil action and collectible without relief,

The provisions for penalty and attorney's fee are valid. 77 N. E. Rep. 1044.

SEC. 7069. Every corporation or person who knowingly and will- Penaity. fully violates any of the provisions of section three (3) of this act (sec. 7067] shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not less than five nor more than one hundred dollars.

SEC, 7070. This act [secs. 7065 to 7070, inclusive] shall not in Liens not alany way affect the liens of laborers, as now secured to them by the fected. laws of this State.

Cocrcion of employees. SECTION 7071. It shall be unlawful for any owner, corporation, Procuring association, company, firm or person engaged in mining coal, ore waiver

payment of or other minerals or quarrying stone, or in manufacturing iron, steel, lumber, staves, heading, barrels, brick, tile, machinery, agricultural or mechanical implements or any article of merchandise, to directly or indirectly procure any person or persons to execute a contract or agreement to waive his or their legal right to demand of or receive from such owner, corporation, association, company, firm or person, at least once every two weeks, payment of the amount due such person or persons for labor performed, in lawful money of the United States.

This section is valid and within the power of the legislature. 121
Ind. 366.
Sec. 7072. It shall be unlawful for any owner, corporation, asso-

Procuring

contracts as to ciation, company, firm or person engaged in this State in mining

purchase of coal, ore or other minerals or quarrying stone, or in manufactur- goods, etc. ing iron, steel, lumber, staves, heading, barrels, brick, tile, machinery, agricultural or mechanical implements, or any article of merchandise to directly or indirectly procure any person or persons to execute any contract or agreement by the terms of which such person or persons agree to purchase any article of merchandise, food, groceries or supplies of any particular person, corporation, association, firm or company, or any particular place, shop or store in this State.

Sec. 7073. It shall be unlawful for any owner, manager, super- Coercion to intendent, operator, bank boss, agent or employer employed in any

buy. of the occupations described in section 1 of this bill [sec. 7071), to hold out any tokens or inducements, or make any threats or promises of reward, or in any other way by words or acts, to coerce any of their employees to buy any article of merchandise, food, groceries or supplies of any particular person, corporation, association, firm or company, or at any particular place, shop or store in this State.

Sec, 7074. It shall be unlawful for any owner, manager, super- Attempts to intendent, operator, bank boss, agent or employer to attempt by words or acts to coerce any of their employees to buy any article of merchandise, food, groceries or supplies of any particular person, corporation, association, firm or company, or at any particular place, shop or store in this State.

SEC, 7075. Every owner, corporation, association, company, firm, Penalty. person, manager, superintendent, bank boss, agent or employer, who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not more than two hundred dollars.

coerce.

Blacklisting, etc. SECTION 7076. If any person, agent, company or corporation, Preventing after having discharged any employee from his or its service, shall

employee from

obtaining prevent or attempt to prevent, by word or writing of any kind, ployment. such discharged employee from obtaining employment with any

em

« ForrigeFortsett »