effect. under the provisions of section thirty-seven of chapter twelve of the Revised Laws, until the debt is extinguished. SECTION 4. This act shall take effect upon its accept- When to take ance, within three months after its passage, by the city council of said city and by a majority of the legal voters of said town present and voting thereon at a special town meeting duly called for the purpose, and it shall be submitted to the town for such acceptance upon the petition of ten or more registered voters of the town filed with the town clerk. Approved May 9, 1904. CONCILIA- Chap.313 AN ACT RELATIVE TO THE POWERS OF THE BOARD OF CONCILIA- Be it enacted, etc., as follows: gov etc., amended. conciliation to be notified in case of a strike, etc. SECTION 1. Section two of chapter one hundred and R. L. 106, § 2, six of the Revised Laws, as amended by chapter four hundred and forty-six of the acts of the year nineteen hundred and two, is hereby further amended by inserting after the word "blame ", in the twenty-fifth line, the words: Said board shall, upon the request of the ernor, investigate and report upon a controversy if in his opinion it seriously affects, or threatens seriously to affect, the public welfare, and by striking out the word "section", at the end of the section, and inserting in place thereof the words: four sections, so as to read as follows: Section 2. If it appears to the mayor of a State board of city or to the selectmen of a town that a strike or lock- and arbitration out described in this section is seriously threatened or actually occurs, he or they shall at once notify the state board; and such notification may be given by the employer or by the employees concerned in the strike or lock-out. If, when the state board has knowledge that a strike or lock-out, which involves an employer and his present or former employees, is seriously threatened or has actually occurred, such employer, at that time, is employing, or upon the occurrence of the strike or lock-out, was employing, not less than twenty-five persons in the same general line of business in any city or town in the Commonwealth, the state board shall, as soon as may be, communicate with such employer and employees and endeavor by mediation to obtain an amicable settlement or endeavor to persuade them, if a strike or lock-out has not actually occurred or is not then continuing, to submit the controversy to a local board of conciliation and arbitration or to the state board. Said state board shall investigate the cause of such controversy and ascertain which party thereto is mainly responsible or blameworthy for the existence or continuance of the same, and may make and publish a report finding such cause and assigning such responsibility or blame. Said board shall, upon the request of the governor, investigate and report upon a controversy if in his opinion it seriously affects, or threatens seriously to affect, the public welfare. The board shall have the same powers for the foregoing purposes as are given to it by the provisions of the following four sections. SECTION 2. Section three of said chapter one hundred and six is hereby amended by inserting after the word "cause", in the eighth line, the words :—and may, with the consent of the governor, conduct such inquiry beyond the limits of the Commonwealth. The board shall, — by striking out the word "therein ", in the eighth line, and by inserting after the word "party", in the nineteenth line, the words: -and to the board, so as to read as follows: follows: Section 3. If a controversy which does not involve questions which may be the subject of an action at law or suit in equity exists between an employer, whether an individual, a partnership or corporation employing not less than twenty-five persons in the same general line of business, and his employees, the board shall, upon application as hereinafter provided, and as soon as practicable, visit the place where the controversy exists and make careful inquiry into its cause, and may, with the consent of the governor, conduct such inquiry beyond the limits of the Commonwealth. The board shall hear all persons interested who come before it, advise the respective parties what ought to be done or submitted to by either or both to adjust said controversy, and make a written decision thereof which shall at once be made public, shall be open to public inspection and shall be recorded by the secretary of said board. A short statement thereof shall, in the discretion of the board, be published in the annual report, and the board shall cause a copy thereof to be filed with the clerk of the city or town in which said business is carried on. Said decision shall, for six months, be binding upon the parties who join in said application, or until the expiration of sixty days after either party has given notice in writing to the other party and to the board of his inten tion not to be bound thereby. Such notice may be given to said employees by posting it in three conspicuous places in the shop or factory where they work. amended. to state board, SECTION 3. Section four of said chapter one hundred and R. L. 106, § 4, six is hereby amended by striking out the words "thereto in writing", in the sixth line, and inserting in place thereof the words: so to do, and by striking out the words "grievances complained of", in the eighth line, and inserting in place thereof the words: - existing controversy, - so as to read as follows: - Section 4. Said application Applications shall be signed by the employer or by a majority of his how made, employees in the department of the business in which the etc. controversy exists, or by their duly authorized agent, or by both parties, and if signed by an agent claiming to represent a majority of the employees, the board shall satisfy itself that he is duly authorized so to do; but the names of the employees giving the authority shall be kept secret. The application shall contain a concise statement of the existing controversy and a promise to continue in business or at work without any lock-out or strike until the decision of the board, if made within three weeks after the date of filing the application. The secretary of the Notice of board shall forthwith, after such filing, cause public notice hearings, etc. to be given of the time and place for a hearing on the application, unless both parties join in the application and present there with a written request that no public notice be given. If such request is made, notice of the hearings shall be given to the parties in such manner as the board may order, and the board may give public notice thereof notwithstanding such request. If the petitioner or petitioners fail to perform the promise made in the application, the board shall proceed no further thereon without the written consent of the adverse party. amended. SECTION 4. Section five of said chapter one hundred and R. L. 106, § 5, six is hereby amended by striking out the words "a fit person", in the third line, and inserting in place thereof the words: fit persons, - by striking out the word "assistant", in the fourth line, and inserting in place thereof the word:-assistants, and by striking out the words "shall appoint such experts if so nominated ", in the fifth line, and inserting in place thereof the words :- may appoint one from among the persons so nominated by each party, so as to read as follows: Section 5. In all controversies Expert assistbetween an employer and his employees in which applica- ment, etc. ants, appoint Powers and duties. tion is made under the provisions of the preceding section, each party may, in writing, nominate fit persons to act in the case as expert assistants to the board and the board may appoint one from among the persons so nominated. by each party. Said experts shall be skilled in and conversant with the business or trade concerning which the controversy exists, they shall be sworn by a member of the board to the faithful performance of their official duties and a record of their oath shall be made in the case. Said experts shall, if required, attend the sessions of the board, and shall, under direction of the board, obtain and report information concerning the wages paid and the methods and grades of work prevailing in establishments within the Commonwealth similar to that in which the controversy exists, and they may submit to the board at any time before a final decision any facts, advice, arguments or suggestions which they may consider applicable to the case. No decision of said board shall be announced in a case in which said experts have acted without notice to them of a time and place for a final conference on the matters included in Compensation, the proposed decision. Such experts shall receive from the Commonwealth seven dollars each for every day of actual service and their necessary travelling expenses. The board may appoint such other additional experts as it considers necessary, who shall be qualified in like manner and, under the direction of the board, shall perform like duties and be paid the same fees as the experts who are nominated by the parties. Approved May 9, 1904. Chap.314 AN ACT TO REGULATE REMOVALS AND SUSPENSIONS FROM OFFICE Persons holding office in the public service not to be removed, etc., without cause. Notice to be given, etc. AND EMPLOYMENT IN THE CLASSIFIED CIVIL SERVICE. Be it enacted, etc., as follows: SECTION 1. Every person holding office or employment in the public service of the Commonwealth or in any county, city or town thereof, classified under the civil service rules of the Commonwealth, shall hold such office or employment and shall not be removed therefrom, lowered in rank or compensation, or suspended, or, without his consent, transferred from such office or employment to any other except for just cause and for reasons specifically given in writing. SECTION 2. The person sought to be removed, suspended, lowered or transferred shall be notified of the proposed action and shall be furnished with a copy of the AN ACT RELATIVE TO THE HOURS OF LABOR OF MEMBERS OF FIRE Be it enacted, etc., as follows: Chap.315 of members of SECTION 1. Any city may, by ordinance passed by Hours of labor its city council and approved by its mayor, and any town fire depart may, by by-law, establish the hours of labor of the members of its fire department. SECTION 2. This act shall take effect upon its passage. AN ACT MAKING APPROPRIATIONS FOR THE TECHNICAL EDUCATION Be it enacted, etc., as follows: ments. Chap.316 SECTION 1. The sums hereinafter mentioned are appro- Appropriapriated, to be paid out of the treasury of the Common- tions. wealth from the ordinary revenue, except as otherwise provided herein, for the purposes specified in certain acts and resolves of the present year, and for certain other expenses authorized by law, to wit: Education monwealth To provide for the permanent investment of the Tech- Technical nical Education Fund, Commonwealth Grant, as author- Fund, Comized by chapter one hundred and seventy-four of the acts Grant. of the present year, a sum not exceeding four thousand four hundred twenty-four dollars and sixty-five cents. Hoar. For William H. Hoar, as authorized by chapter twenty- william H. one of the resolves of the present year, the sum of one hundred dollars. For Margaretta S. Hill, as authorized by chapter twenty- Margaretta S. two of the resolves of the present year, the sum of twelve H hundred dollars. |