§ 68. Creation of Private Boards of Arbitration. (For state boards of arbitration see § 67.) In a few states statutes have already been passed providing for the creation of private boards of arbitration to settle differences between employers and employees. They are appointed, usually, (1) One by the employees, or a labor union (if represented, in New York), one by the employers, and they to choose a third.1 (2) By any judge or justice of the peace. 2 (3) Five arbitrators, by mutual consent, two by the employees or their labor organizations, two by the employers, the four to choose a chairman, or the district court if they fail to agree.3 (4) They consist, in Maryland, of not less than two nor more than four, one half from each side, and the judge, etc., appointing them. Such board must further be approved by the county judge.4 duty it shall be to hear and determine all differences and controversies between organizations or associations of laborers and their employers, which shall be submitted to them in such manner as the legislature may provide. "Appeals from decisions of compulsory boards of arbitration shall be allowed to the Supreme Court of the state, and the manner of taking such appeals shall be prescribed by law." Wy. Const., 19, 2; 5, 30. 1N. Y., 1887, 63, 1; O., 1893, p. 85, 10; N. J., 1892, 137, 1; Cal., 1891, 81, 1; Con. Pol. C., 3337. 2 Md., 73. 3 Tex., 1895, 61, 1; N. J., 1892, 137, 1. 4 N. J., Tex (5) The parties to any controversy, as provided in Section 3 of the act (see § 67) may agree upon a board of arbitration, who shall have all the powers which the state board has, and their jurisdiction is exclusive, except that they may ask advice from the state board. Their report shall be filed with the city or town clerk, and a copy forwarded to the state board.5 The grievance or matter of dispute must be stated in writing, and signed by the parties to the arbitration." Pending arbitration, the existing status must not be changed. The arbitrators shall sign a consent to act, and shall be sworn, shall elect a secretary, and give notice of the time and place of hearing. 8 The chairman of the arbitrators has power to administer oaths, and issue subpoenas for the production of books and papers, and for the attendance of witnesses to the same extent as courts of record.9 After the matter has been fully heard, the arbitrators, or a majority of them, shall, within ten days, render a written decision, giving such 5 Mass., 1886, 263, 7; O., 1893, p. 85, 10-11; Mon. Pol. C., 3337-8; Wis., 1895, 364, 7; Cal., 1891, 51. N. Y., N. J., ib., 2; Tex., ib., 4. 7 Tex., ib., 4. 8 N. Y., ib., 2; N. J., ib., 3; Tex., ib., 5. N. Y., N. J., ib., 3; Tex. ib., 6. details as will clearly show the nature of the decision and the points disposed of.10 And thereupon the powers of such board cease unless similar grievances between the same classes of persons then exist and are referred to it. 11 Such decision is a settlement of the matter referred,12 unless an appeal is taken within ten days to the state board of arbitration.13 The court may, in Texas, enforce it in equity. But in all cases, if the parties mutually agree that the dispute shall be arbitrated in a mode different from that herein described, such agreement is valid, and the award by either mode of arbitration is final and conclusive.14 The determination of the dispute, as above provided, is given as a judgment of the court over which the judge or justice who is a member of the arbitration presides, and execution follows, 15 10 N. Y., ib., 3; 11 N. Y., ib., 4; 12 N. Y., N. J., 13 N. Y., ib., 6; 14 M., b., 4. N. J., ib., 4. N. J., ib., 5; Tex., ib., 7. N. J., ib., 4 and 7. 15 Md., ib., 6. "During the pendency of arbitration under this act it shall not be lawful for the employer or receiver party to such arbitration, nor his agent, to discharge the employees parties thereto, except for inefficiency, violation of law, or neglect of duty, or where reduction of force is necessary, nor for the organization representing such employees to § 69. State Labor Bureaus or Commissioners.There is in many states also a bureau of labor statistics, or a commissioner or officer whose duty shall be to collect industrial statistics for the state.1 In Nebraska the governor is made such commissioner, and in Washington the secretary of state.2 unite in, aid, or abet strikes or boycotts against such employer or receiver." Texas, ib., 7, 8. "At the expiration of ten days from the decision of the district court upon exceptions taken to said award as aforesaid, judgment shall be entered in accordance with said decision, unless during the said ten days either party shall appeal therefrom to the Court of Civil Appeals holding jurisdiction thereof. In such case only such portion of the record shall be transmitted to the appellate court as is necessary to the proper understanding and consideration of the questions of law presented by said exceptions and to be decided. The determination of said Court of Civil Appeals upon said questions shall be final, and being certified by the clerk of said Court of Civil Appeals, judgment pursuant thereto shall thereupon be entered by said district court." Texas, ib., 11. 1 1N. H., 1893, 48; Ky., 1893, 16; Me., 1887, 69; R. I., 1887, 621; Ct., 2944; N. Y., 1883, 356; Mass., 31, 13; Pa. Dig., p. 1907; Md., 89, 1; O., Vol. 87, p. 150; Ind., 7758; Ill., 79 a, 1, 2; Mich., 1883, 156; 1891, 68; Wis., 1021 b; Minn., 1887, 115; Io., 2439; Kan., 5963; Neb., 39 b, 1; W. Va., 1889, 15; N. C., 1887, 113; Tenn., 299, 1891, 157; Mo., 8215; Cal., 1889, 6, Sup., p. 543; Col., 1887, p. 62; 1893, 37; Ida. Const., 13, 1; Wash. Const., 2, 34; 1895, 85; Utah, 1890, 43, 6; N. D., 123-126; S. D., 1890, 33; Mon. Const., 18, 1; Pol. C., 760. 2 Neb., 39 b, 1; Wash., 1895, 85. The commissioner of immigration, labor, and statistics shall perform such duties and receive such compensation as may be prescribed by law. 3 It is the duty of the bureau of labor statistics, or labor commissioner, also to keep advised generally on the protective industries of the state, make an annual report to the governor, etc., and to inquire into the causes of strikes, lockups, or other disturbances of the relations between employers and employees.1 The commissioner is generally given full access to all factories or workshops, mines, or other pleces where workmen are employed.5 The commissioner is generally given power to "send for persons and papers" or to take and preserve evidence and examine witnesses under oath." A commission or bureau on the unemployed has also been created in Massachusetts. And in some states, free state bureaus of employment (see § 47). 3 Ida. Const., Art. 13, 8. 4 Mich., Me., Ind., Minn., Io., Kan., Neb., N. C., Mo., Col., Cal., Ida., Utah, N. D., S. D., Mon. 5 Me., N. Y., Mich., Wis., Minn., Kan., Neb., Tenn., W. Va., Mo., Cal., Col., Mon., N. D., S. D. Me.; Mass., 31, 14; Pa.; N. Y.; Ind.; Mich.; O., 309; Wis.; Minn.; Io., 2444; Neb.; Kan.; Tenn.; W. Va.; Mo.; Cal.; Col.; N. D.; S. D.; Mon. 7 Mass., 1894, 238; compare Utah, 1894, 10. |