L. 1909, ch. 36 Bureau of Mediation and Arbitration §§ 140, 141 ARTICLE 10 BUREAU OF MEDIATION AND ARBITRATION Section 140. Chief mediator. 141. Mediation and investigation. 142. Board of mediation and arbitration. 143. Arbitration by the board. 144. Decisions of board. 145. Annual report. 146. Submission of controversies to local arbitrators. 147. Consent; oath; powers of arbitrators. 148. Decision of arbitrators. § 140. Chief mediator. There shall continue to be a bureau of mediation and arbitration. The second deputy commissioner of labor shall be the chief mediator of the state and in immediate charge of this bureau, but subject to the supervision and direction of the commissioner of labor. This section was derived from L. 1907, ch. 505, § 4. Section 140 of the Labor Law of 1897 is now covered by section 142. § 141. Mediation and investigation. Whenever a strike or lockout occurs or is seriously threatened an officer or agent of the bureau of mediation and arbitration shall, if practicable, proceed promptly to the locality thereof and endeavor by mediation to effect an amicable settlement of the controversy. If the commissioner of labor deems it advisable the board of mediation and arbitration may proceed to the locality and inquire into the cause thereof, and for that purpose shall have all the powers conferred upon it in the case of a controversy submitted to it for arbitration. This section was derived from the Labor Law of 1897, § 143, "Mediation in case of strike or lock-out," as amended by L. 1907, ch. 505, § 4. Section 141 of the Labor Law of 1897 related to "Secretary and his duties," see sections 143 and 147, infra. A state board of mediation and arbitration was created by L. 1886, ch. 410. This Act was generally amended by L. 1887, ch. 63. The provisions of this Act were made article 10 of the Labor Law of 1897. This article was generally amended by L. 1907, ch. 505, § 4. §§ 142-144 Bureau of Mediation and Arbitration L. 1909, ch. 36 § 142. Board of mediation and arbitration. There shall continue to be a state board of mediation and arbitration, which shall consist of the chief mediator and two other officers of the department of labor to be from time to time designated by the commissioner of labor. The chief mediator when present shall be the chairman of the board. Two members of such board 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 board may be held and taken by and before any of their number, if so directed, but a decision rendered in such a case shall not be deemed conclusive until approved by the board. This section was derived from L. 1907, ch. 505, § 4, which amended article 10 of the Labor Law of 1897, § 140. Section 142 of the Labor Law of 1897 is now covered by section 143. § 143. Arbitration by the board. A grievance or dispute between an employer and his employees may be submitted to the board of arbitration and mediation for their determination and settlement. Such submission shall be in writing, and contain a statement in detail of the grievance or dispute and the cause thereof, and also an agreement to abide the determination of the board, and during the investigation to continue in business or at work, without a lockout or strike. Upon such submission, the board shall examine the matter in controversy. For the purpose of such inquiry they may subpoena witnesses, compel their attendance, take and hear testimony, and call for and examine books, papers and documents of any parties to the controversy. Subpoenas shall be issued by the chairman under the seal of the department of labor. Witnesses shall be allowed the same fees as in courts of record. The decision of the board must be rendered within ten days after the completion of the investigation. This section was derived from the Labor Law of 1897, § 142, as amended by L. 1907, ch. 505, § 4. Section 143 of the Labor Law of 1897 is now covered by section 141. § 144. Decisions of board. Within ten days after the comple tion of every arbitration, the board or a majority thereof shall render a decision, stating such details as will clearly show the nature of the controversy and the points disposed of by them, and make a written report of their findings of fact and of their L. 1909, ch. 36 Bureau of Mediation and Arbitration 88 145-147 recommendations to each party of the controversy. Every decision and report shall be filed in the office of the board and a copy thereof served upon each party to the controversy. This section was derived from the Labor Law of 1897, § 144, as amended by L. 1907, ch. 505, § 4. § 145. Annual report. The commissioner of labor shall make an annual report to the legislature of the operations of this bureau. This section was derived from the Labor Law of 1897, § 145, as amended by L. 1907, ch. 505, § 4. § 146. Submission of controversies to local arbitrators. A grievance or dispute between an employer and his employees may be submitted to a board of arbitrators, consisting of three persons, for hearing and settlement. When the employees concerned are members in good standing of a labor organization, one arbitrator may be appointed by such organization and one by the employer. The two so designated shall appoint a third, who shall be chairman of the board. If such employees are not members of a labor organization, a majority thereof at a meeting duly called for that purpose, may designate one arbitrator for such board. This section was derived from the Labor Law of 1897, § 146, as amended by L. 1907, ch. 505, § 4. § 147. Consent; oath; powers of arbitrators. Before entering upon his duties, each arbitrator so selected shall sign a consent to act and take and subscribe an oath to faithfully and impartially discharge his duties as such arbitrator, which consent and oath shall be filed in the clerk's office of the county or counties where the controversy arose. When such board is ready for the transaction of business, it shall select one of its members to act as secretary, and notice of the time and place of hearing shall be given to the parties to the controversy. The board may, through its chairman, subpoena witnesses, compel their attendance and take and hear testimony. The board may make and enforce rules for its government and the transaction of the business before it, and fix its sessions and adjournments. This section was derived from the Labor Law of 1897, § 147, as amended by L. 1907, ch. 505, § 4. § 148 Bureau of Mediation and Arbitration L./1909, ch. 36 § 148. Decision of arbitrators. The board shall, within ten days after the close of the hearing, render a written decision signed by them giving such details as clearly show the nature of the controversy and the questions decided by them. One copy of decision shall be filed in the office of the clerk of the county or counties where the controversy arose and one copy shall be transmitted to the bureau of mediation and arbitration. This section was derived from the Labor Law of 1897, § 148, as amended by L. 1907, ch. 505, § 4. L. 1909, ch. 36 Bureau of Industries and Immigration §§ 151-153 ARTICLE 11* BUREAU OF INDUSTRIES AND IMMIGRATION Section 151. 152. 153. 154. 156. Bureau of industries and immigration. General powers and duties. Proceedings before the commissioner of labor. 156-a. Reports. § 151. Bureau of industries and immigration. There shall be a bureau of industries and immigration, which shall be under the immediate charge of a chief investigator, but subject to the supervision and direction of the commissioner of labor. New. Added by L. 1910, ch. 514, § 3. Bureaus: see supra, § 42. Criminal liability for violation of article: see PENAL LAW, § 1275. § 152. Special investigators. The commissioner of labor may appoint from time to time such number of special investigators and such other assistants as may be necessary to carry into effect the powers of the said bureau herein defined, who may be removed by him at any time. The special investigators may be divided into two grades. Each special investigator of the first grade shall receive an annual salary of fifteen hundred dollars, and each of the second grade an annual salary of twelve hundred dollars. New. Added by L. 1910, ch. 514, § 3, and amended to read as above by L. 1912, ch. 543, § 1. § 153. General powers and duties. 1. The commissioner of labor shall have the power to make full inquiry, examination and investigation into the condition, welfare and industrial opportunities of all aliens arriving and being within the state. He shall also have power to collect information with respect to the need and demand for labor by the several agricultural, industrial and other *This article was inserted in the Labor Law, as article 10-a, by L. 1910, ch. 514, § 3. By L. 1913, ch. 145, § 12, the article was renumbered 11 and inserted in the Labor Law in the place of former article 11. |