Imágenes de páginas
PDF
EPUB

ropes and chains shall be kept in good order and inspected daily by the superintendent of the mine or a person designated by him. Each boiler or nest of boilers used in mining for generating steam, shall be provided with a proper safety valve and with steam and water-gauges, to show, respectively, the pressure of steam and the height of water in the boilers. Every boiler-house in which a boiler or nest of boilers is placed, shall be provided with a steam-gauge properly connected with the boilers, and another steam-gauge shall be attached to the steam pipe in the enginehouse, and so placed that the engineer or fireman can readily ascertain the pressure carried.

§ 125. Use of explosives; blasting.–When high explosives other than gunpowder are used in a mine or quarry, the manner of storing, keeping, moving, charging and firing, or in any manner using such explosives, shall be in accordance with rules prescribed by the factory inspector. In charg. ing holes for blasting, in slate, rock or ore in any mine or quarry, no iron or steel-pointed needle or tamping bar shall be used, unless the end thereof is tipped with at least six inches of copper or other soft ‘material. No person shall be employed to blast unless the mine superintendent or person having charge of such mine, is satisfied that he is qualified, by experience, to perform the work with ordinary safety. When a blast is about to be fired in a mine timely notice thereof shall be given by the person in charge of the work, to all persons who may be in danger therefrom.

$ 126. Report of accidents.—Whenever loss of life or serious accident shall occur in the operation of a mine or quarry, the owner, agent, manager or lessee thereof shall immediately report, in writing, all the facts connected therewith to the factory inspector.

§ 127. Notice of dangerous condition.-If the factory inspector, after examination or otherwise, is of the opinion that a mine or anything used in the operation thereof, is unsafe, he shall immediately serve a written notice, specifying the defects, upon the owner, agent, manager or lessee, who shall forthwith remedy the same.

$ 128. Enforcement of article.—The factory inspector may serve a written notice upon the owner, agent, manager, or lessee of a mine requiring him to comply with a specified provision of this article. The factory inspector may thereafter begin an action in the supreme court to enforce compliance with such provisions; and upon such notice as the court directs, an order may be granted, restraining the working of such mine during such time as may be therein specified.

$ 129, Admission of inspectors to mines.—The owner, agent, manager or lessee of a mine, at any time, either day or night, shall admit to such mine or any building used in the operation thereof, the factory inspector or any person duly authorized by him, for the purpose of making the examinations and inspections necessary for the enforcement of this article, and shall render any necessary assistance for such inspections.

ARTICLE X.

State Board of Mediation and Arbitration.*

Section 140. Organization of board.

141. Secretary and his duties.
142. Arbitration by the board.
143. Mediation in case of strike or lock-out.
144. Decisions of board.
145. Annual report.
146. Submission of controversies to local arbitrators.
147. Consent; oath; powers of arbitrators.
148. Decision of arbitrators.

149. Appeals. Section 110. Organization of board.* _There shall continue to be a state board of inediation and arbitration, consisting of three competent persons to be known as arbitrators, appointed by the governor, by and with the advice and consent of the senate, each of whom shall hold his office for the term of three years, and receive an annual salary of three thousand dollars. The term of office of the successors of the members of such board in office when this chapter takes effect, shall be abridged so as to expire on the thirty-first day of December preceding the time when each such term would otherwise expire, and thereafter each term shall begin on the first day of January.

One member of such board shall belong to the political party casting the highest, and one to the party casting the next highest number of votes for governor at the last preceding gubernatorial election. The third shall be a member of an incorporated labor organization of this state.

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 case shall not be deemed conclusive until approved by the board.

$ 141. Secretary and his duties.—The board shall appoint a secretary, whose term of office shall be three years. He shall keep a full and faithful record of the proceedings of the board, and all documents and testimony forwarded by the local boards of arbitration, and shall perform such other duties as the board may prescribe. He may, under the direction of the board, issue subpoenas and administer oaths in all cases before the board, and call for and examine books, papers and documents of any parties to the controversy. He shall receive an annual salary of two thousand dollars, payable in the same manner as that of the members of the board.

§ 142. 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 lock-out or strike. Upon such submission, the board

*Under L. 1901, ch. 9, the board of arbitration consists of the commissioner of labor and the two deputy commissioners.

shall examine the matter in controversy. For the purpose of such inquiry they may subpoena witnesses, compel their attendance and take and hear testimony. 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.

§ 143. Mediation in case of strike or lock-out.—Whenever a strike or lock-out occurs or is seriously threatened, the board shall proceed as soon as practicable to the locality thereof, and endeavor by mediation to effect an amicable settlement of the controversy. It may inquire into the cause thereof, and for that purpose has the same power as in the case of a con. troversy submitted to it for arbitration.

$ 144. Decisions of board.—Within ten days after the completion of every examination or investigation authorized by this article, 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 recommendations to each party to 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, and in case of a submission to arbitration, a copy shall be filed in the office of the clerk of the county or counties where the controversy arose.

$ 145. Annual report.-The board shall make an annual report to the legislature, and shall include therein such statements and explanations as will disclose the actual work of the board, the facts relating to each controversy considered by them and the decision thereon together with such suggestions as to legislation as may seem to them conducive to harmony in the relations of employers and employees.

$ 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, which is represented by one or more delegates in a central body, one arbitrator may be appointed by such central body and one by the employer. The two so designated shall appoint a third, who shall be chairman of the board.

If the employees concerned in such grievance or dispute are members of good standing of a labor organization which is not represented in a central body, the organization of which they are members may select and designate one arbitrator. 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.

8 147. 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.

$ 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. Such decision shall be a settlement of the matter submitted to such arbitrators, unless within ten days thereafter an appeal is taken therefrom to the state board of mediation and arbitration. One copy of the 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 secretary of the state board of mediation and arbitration.

$ 149. Appeals.--The state board of mediation and arbitration shall hear, consider, and investigate every appeal to it from any such board of local arbitrators and its decisions shall be in writing and a copy thereof filed in the clerk's office of the county or counties where the controversy arose and duplicate copies served upon each party to the controversy. Such decision shall be final and conclusive upon all parties to the arbitration.

ARTICLE XI.
Employment of Women and Children in Mercantile Establishments.
Section 160. Application of article.

161. Hours of labor of minors.
162. Employment of children.
163. Certificate for employment; how issued.
164. Contents of certificate.
165. School attendance required.
166. Employment of children during vacations of public schools.
167. Registry of children employed.
168, Wash-rooms and water-closets.
169. Lunch-rooms.
170. Seats for women in mercantile establishments.
171. Employment of women and children in basements.
172. Enforcement of article.
173. Copy of article to be posted.

Section 160. Application of article.—The provisions of this article shall apply to all villages and cities which at the last preceding state enumeration had a population of three thousand or more.

$ 161. Hours of labor of minors.- No male employee, under sixteen years of age, and no female employee, under twenty-one years of age, shall be required to work in any mercantile establishment more than sixty hours in any one week, nor more than ten hours in any one day, unless for the purpose of making a shorter work day of some one day of the week, nor shall any such employee be required or permitted to work before seven o'clock in the morning or after ten o'clock in the evening of any day. This section does not apply to the employment of such persons on Saturday, provided the total number of hours of labor in a week of any such person does not exceed sixty hours, nor to the employment of such persons between the fifteenth day of December and the following first day of January. Not less than forty-five minutes shall be allowed for the noonday meal of the employees of any such establishment.

§ 162. Employment of children.-A child under the age of fourteen years shall not be employed in any mercantile establishment, except that a child upwards of twelve years of age may be employed therein during the vacation of the public schools of the city or district where such establishment is situated. No child under the age of sixteen years shall be employed in any mercantile establishment, unless such child shall produce a certificate issued as provided in this article, to be filed in the office of such establishment.

$ 163. Certificate for employment; how issued.--Such certificate shall be issued by the executive officer of the board, department or com missioner of health of the city, town or village, where such child resides or is to be employed, or by such other officer thereof as may be designated, by resolution for that purpose, upon the application of the child desiring such employment. At the time of making such application there shall be filed with such board, department, commissioner or officer, the affidavit of the parent or guardian of such child or the person standing in parental relation thereto, showing the date and place of birth of such child. Such certificate shall not be issued unless the officer issuing the same is satisfied that such child is fourteen years of age or upwards, and is physically able to perform the work which he intends to do. No fee shall be demanded or received for administering an oath as required by this section.

$ 164. Contents of certificate.-Such certificate shall state the date and place of birth of the child, if known, and describe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that, in the opinion of the officer issuing such certificate, such child is upwards of fourteen years of age, and is physically able to perform the work which he intends to do.

§ 165. School attendance required.-No such certificate shall be issued unless it appears to the satisfaction of such board, department, commis. sioner or officer, that the child applying therefor has regularly attended ai a school in which reading, spelling, writing, arithmetic, English grammar and geography are taught, or upon equivalent instruction by a competent teacher elsewhere than at a school, for a period equal in length to one school year, during the year previous to his arriving at the age of fourteen years, or during the year previous to applying for such certificate, and is able to read and write simple sentences in the English language.

The principal or other executive officer of a school at which a child has been in attendance, or the teacher who has instructed such child elsewhere than at a school, shall furnish to such child or to the board or department of health, or health officer or commissioner, upon demand, a statement of the school attendance of such child.

§ 166. Employment of children during vacations of public schools.Children of the age of twelve years or more who can read and write simple sentences in the English language may be employed in mercantile establishments during the vacation of the public schools in the city or school district where such children reside, upon complying with all the provisions of this section, except that requiring school attendance. Certificates, to be designated as “vacation certificates," may be issued to such children in the same form, containing the same statements and

« AnteriorContinuar »