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Boards of arbitration.
SECTION 22. Whenever any grievance or dispute of any nature Submission of growing out of the relation of employer and employee shall arise grievances. or exist between employer and employees, it shall be lawful to submit all matters respecting such grievance or dispute, in writing, to a board of arbitrators, to hear, adjudicate and determine the same; said board shall consist of five persons; when the em
Constitution ployees concerned in any such grievance or dispute as afore
of board. said are members in good standing of any labor organization, which is represented by one or more delegates in a central body, the said central body shall have power to designate two of said arbitrators; and the employer shall have the power to designate two others of said arbitrators, and the said four arbitrators shall designate a fifth person, as arbitrator, who shall be chairman of the board; in case the employees concerned in any such grievance or dispute as aforesaid are members in good standing of a labor organization which is not represented in a central body, then the organization of which they are members shall have the power to select and designate two arbitrators for said board, and said board sball be organized as hereinbefore provided; and in case the employees concerned in any such grievance or dispute as aforesaid are not members of any labor organization, then a majority of said employees, at a meeting duly held for that purpose, shall designate two arbitrators for said board, and the said board shall be organized as hereinbefore provided.
SEC. 23. Any board as aforesaid selected may present a petition Board to be to the county judge of the county where such grievances or dis- approved. putes to be arbitrated may arise, signed by at least a majority of said board, setting forth in brief terms the nature of the grieyance or dispute between the parties to said arbitration, and praying the license or order of such judge establishing and approving said board of arbitration; upon the presentation of said petition it shall be the duty of the said judge to make an order establishing such board of arbitration and referring the matters in dispute to it for hearing, adjudication and determination; the said petition and order or a copy thereof shall be filed in the office of the clerk of the county in which the said judge resides.
SEC. 24. The arbitrators so selected shall sign a consent to act Organization, as such, and shall take and subscribe an oath before an officer powers, etc. authorized to administer oaths, to faithfully and impartially discharge his duties as such arbitrator, which consent and oath shall be immediately filed in the office of the clerk of the county wherein such arbitrators are to act; when the said board is ready for the transaction of business it shall select one of its members to act as secretary, and the parties to the dispute shall receive notice of a time and place of hearing; the chairman shall have power to administer oaths and to issue subpenas for the production of books and papers, and for the attendance of witnesses, to the same extent that such power is possessed by the courts of record or the judges thereof in this State; the board may make and enforce the rules for its government and transaction of the business before it and fix its sessions and adjournments, and shall hear and examine such witnesses as may brought before the board, and such other proof as may be given relative to the matters in dispute.
SEC. 25. After the matter has been fully heard, the said board Decision. or a majority of its members shall within ten days render a de
cision thereon, in writing, signed by them, giving such details as will clearly show the nature of the decision and the matters adjudicated and determined; such adjudication and determination shall be a settlement of the matter referred to said arbitrators, unless an appeal is taken therefrom, as hereinafter provided; the adjudication and determination shall be in duplicate, one copy of which shall be filed in the office of the clerk of the county, and the other transmitted to the secretary of the State board of arbitration bereinafter mentioned, together with the testimony taken
before said board. Power as to Sec. 26. When the said board shall have rendered its adjudicaother disputes. tion and determination its power shall cease, unless there may be
in existence at the time other similar grievances or disputes between the same classes of persons mentioned in section one (sec. 22), and in such case such persons may submit their differences to the said board, which shall have power to act and adjudicate and determine the same as fully as if said board was originally created
for the settlement of such other difference or differences. State board. SEC. 27. Within thirty days after the passage of this act the
governor shall appoint a State board of arbitration, to consist of three competent persons, each of whom shall hold his office for the term of five years; one of said persons shall be selected from a bona fide labor organization of this State; if any vacancy happens by resignation or otherwise the governor shall, in the same manner, appoint an arbitrator for the residue of the term; said board shall have a secretary who shall be appointed by and hold office during the pleasure of the board and whose duty it shall be to keep a full and faithful record of the proceedings of the board and also possession of all documents and testimony forwarded by the local boards of arbitration, and perform such other duties as the said board may prescribe; he shall have the power, under the direc tion of the board, to issue subpænas, to administer oaths in all cases before said board, to call for and examine books, papers and documents or any parties to the controversy, with the same authority to enforce their production as is possessed by the courts of record, or the judges thereof, in this State; said arbitrators of said State board and the clerk thereof shall take and subscribe the constitutional oath of office, and be sworn to the due and faithful performance of the duties of their respective offices before entering upon the discharge of the same; an office shall be set apart in the capitol by the person having charge thereof, for the proper and
convenient transaction of the business of said board. Appellate SEC. 28. An appeal may be taken from the decision of any local powers.
board of arbitration within ten days after the filing of its adjudication and determination of any case; it shall be the duty of the said State board of arbitration to hear and consider appeals from the decisions of local boards and promptly to proceed to the investigation of such cases, and the adjudication and determination of said board thereon shall be final and conclusive in the premises upor all parties to the arbitration; such adjudications and determina. tions shall be in writing, and a copy thereof shall be furnished to each party; and two of the State board of arbitrators shall constitute a quorum for the transaction of business and may hold meetings at any time or place within the State; examinations or investigations ordered by the State board may be held and taken by and before any one of their number if so directed ; but the proceedings and decision of any single arbitrator shall not be deemed conclusive until approved by the board or a majority thereof; each
arbitrator shall have power to adminster oaths. Original pow- SEC. 29. Whenever any grievance or dispute of any nature shall
arise between any employer and his employees, it shall be lawful for the parties to submit the same directly to said State board in the first instance, in case such parties elect to do so, and shall jointly notify said board or its clerk, in writing, of such election; whenever such notification to said board or its clerk is given, it shall be the duty of said board to proceed, with as little delay as possible, to the locality of such grievance or dispute, and inquire
Into the cause or causes of grievance or dispute; the parties to the grievances or dispute shall thereupon submit to said board, in writing, succinctly, clearly and in detail, their grievances and complaints, and the cause or causes thereof, and severally agree, in writing, to submit to the decision of said board as to matters so submitted, and a promise or agreement to continue on in business or at work, without a lockout or strike until the decision of said board, provided it shall be rendered within ten days after the completion of the investigation; the board shall thereupon proceed to fully investigate and inquire into the matters in controversy, and to take testimony under oath in relation thereto, and shall have power by its chairman or clerk, to administer oaths, to issue subpenas for the attendance of witnesses, the production of books and papers, to the same extent as such power is possessed by courts of records or the judges thereof, in this State.
Sec. 30. After the matter has been fully heard, the said board, or a majority of its members, shall within ten days render a decision thereon in writing, signed by them or a majority of them, stating such details as will clearly show the nature of the decision and the points disposed of by them; the decision shall be in triplicate, one copy of which shall be filed by the clerk of the board in the clerk's office of the county where the controversy arose, and one copy shall be served on each of the parties to the controversy.
SEC. 31. Whenever a strike or lockout shall occur, or is seriously Mediation. threatened in any part of the State, and shall come to the knowledge of the board, it shall be its duty, and it is hereby directed to proceed, as soon as practicable, to the locality of such strike or lockout and put themselves in communication with the parties to the controversy, and endeavor by mediation to effect an amicable settlement of such controversy; and if in their judgment it is deemed best, to inquire into the cause or causes of the controversy, and to that end the board is hereby authorized to subpoena witnesses, compel their attendance, and send for persons and papers, in like manner and with the same powers as it is authorized to do by section eight of this act [sec. 29). Sec. 32. The fees of witnesses of aforesaid State board shall be
Fees, etc. fifty cents for each day's attendance and four cents per mile traveled by the nearest route in getting to or returning from the place where attendance is required by the board; all subpanas shall be signed by the secretary of the board and may be served by any person of full age authorized by the board to serve the same.
SEC. 33. Said board shall annually report to the legislature, and Report. shall include in their report such statements, facts and explanations as will disclose the actual working of the board, and such suggestions with regard to legislation as may seem to them conducive to harmonizing the relations of, and disputes between employers and employees and the improvement of the present system of production by labor.
SEC. 34. Each arbitrator of the State board and the secretary Compensathereof shall receive ten dollars for each and every day actually tion. employed in the performance of their duties herein and actual expenses incurred, including such rates of mileage as are now provided by law, payable by the State treasurer on duly approved vouchers.
Sec. 35. Whenever the term "employer" or "employers" is Definitions. used in this act it shall be held to include " firm,” “joint stock association," “ company,” corporation," or " individual and individuals” as fully as if each of said terms was expressed in each place.
State board of arbitration.
(Page 76.) SECTION 36. Samuel S. Sherwood, William M. Doughty, James Board apMartin, Charles A. Houston, Joseph L. Moore, be and they are pointed. hereby constituted a board of arbitration, each to serve for the term of three years from the approval of this supplement to
secs. 22 to 35, above), and each arbitrator herein named shall receive an annual salary of twelve hundred dollars per annum, in lieu of all fees, per diem compensation and mileage, and one of said arbitrators shall be chosen by said arbitrators as the secretary of said board, and he shall receive additional compensation of two hundred dollars per annum, the salaries herein stated to be payable out of any moneys in the State treasury not otherwise appro
priated Vacancies. Sec. 37. In case of death, resignation or incapacity of any mem
ber of the board, the governor shall appoint, by and with the advice and consent of the senate, an arbitrator to fill the unexpired term of such arbitrator or arbitrators so dying, resigning or becom
ing incapacitated. Succession. SEC. 38. The term of office of the arbitrators now acting as a
board of arbitrators, shall upon the passage of this supplement cease and terminate, and the persons named in this supplement as the board of arbitrators shall immediately succeed to and become vested with all the powers and duties of the board of arbitrators now acting under the provisions of the act of which this act is a
supplement. Appointment SEC. 39. After the expiration of the terms of office of the persons of successors. named in this supplement, the governor shall appoint, by and with
the advice and consent of the senate, their successors for the length of term and at the salary named in the first section of this supplement (sec. 36).
Wages preferred-In assignments.
(l'age 79.) Wages to be SECTION 8. At the first term of
[the orphans'] court paid first.
succeeding the expiration of the time fixed for filing the list of creditors, and of giving notice to creditors as aforesaid, should there be no exceptions made to the claim of any creditor, or if exceptions have been made and adjudicated, or settled by said court, the said assignee or assignees shall then proceed to make from time to time, fair and equal dividends (1) among said creditors, of the assets which shall come to hand, in proportion to their claims; and as soon as may be, and not exceeding one year thereafter, shall render, on oath or affirmation, a final account to the orphans' court of said county, (c) in like manner and upon the same notice to creditors and others interested, as is now or may hereafter be directed in regard to executors and administrators; and exceptions may, in like manner, be filed to such accounts and proceeded in as prescribed in regard to executors and administrators, and the settlement and decree of said court shall be conclusive on all parties, except for assets which may afterwards come to hand, or for frauds or apparent errors: Provided, That the wages of clerks, minors, mechanics and laborers, due at the time of making such assignment, from the person or persons making the same, shall be preferred debts, and shall be first paid by said assignee before any other claim or debt shall be paid : And prorided further, That no payment shall be made as a preferred debt to any one person to an amount exceeding three hundred dollars.
Exemption of wages from attachment.
(Page 116.) Wages of non- SECTION 103. The wages, salaries or other compensation for resident employees.
labor, work or services done or rendered within this State, or elsewhere, due to a nonresident employee, shall not be liable to attachment at the suit of a nonresident creditor, or his or her assigns. Incorporation of building associations of organized labor.
(Page 167.) Assemblies
SECTION 81. In the several counties in this State in which there may form associations.
may be two or more assemblies of the Knights of Labor
or other societies of organized labor, it shall and may be lawful for two or more of such assemblies or societies to associate themselves together and become incorporated under and by the name of "the Knights of Labor Building Association of the county of
->" or under any other name which shall indicate the object of such association; and upon the recording of a certificate
in the office of the clerk of the county in which the same may be located, and the filing of such certificate in the office of the secretary of state of this State, such persons shall, from and after the date of the filing thereof, become and be incorporated under and by the name aforesaid, as a body politic and corporate in law.
SEC. 88. The object of the corporations formed under this act Objects. shall be the purchase of land, and the erection of a hall or other buildings, to be used for literary and social purposes, and for the general improvement of workingmen, by the establishment of libraries, reading rooms and places of social entertainment; and no part of the funds of any such corporation shall be used in any way or manner save as provided by this act.
(Page 894.) SECTION 1. It shall be lawful for any number of persons, not less Who may in. than seven, residents in this State, to associate themselves into a corporate. society for the purpose of carrying on any lawful mechanical, mining, manufacturing or trading business, or for the purpose of trading and dealing in goods, wares and merchandise or chattels, or for the purpose of buying, selling, settling, owning, leasing and improving real estate and erecting buildings thereon, within this State, upon making and filing a certificate of association, in writing, in manner hereinafter mentioned, and as such shall be deemed to be a corporation, and to possess all the powers incident thereto. SEC. 2. Such certificate of association shall set forth:
What certifiI. The name assumed to designate such society and to be used cate shall state. in its business and dealings, which name shall have the word “cooperative" as a distinguishing part thereof, but shall in no respect be similar to that of any other society organized under this act.
II. The place or places in this State where the business of such society is to be conducted and the location of the principal office of the same.
III. The objects for which the society shall be formed.
IV. The total amount of capital stock of such society, the number of shares into which the same is divided, the par value of each share, the manner in which the installments on the shares shall be paid, the number of shares subscribed, and the amount actually paid in cash on account of the same.
V. The terms of admission of the members.
VII. The mode of altering and amending the certificate of association and the by-laws of the society.
Sec. 3. The said certificate of association shall be signed by the Execution, persons originally associating themselves together, and shall be etc., of certifi. proved or acknowledged by at least seven of them, before an officer qualified to take acknowledgments of deeds of real estate, and after being approved by the chief of the bureau of statistics of labor and industries, shall be recorded in the office of the clerk of the county where the principal office or place of business of such society shall be established, and a copy of such certificate shall be filed in the office of the chief of the bureau of statistics of labor and industries.
SEC. 4. The business of every such society shall be managed and Board of diconducted by a board of not less than five directors, who shall re- rectors. spectively be members of said society, and shall be annually elected at such time and place as shall be provided in the by-laws of the society, and one of such directors shall be chosen president