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Report of Committee on Relations Between Employer and Employee

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Report of Committee on Relations Between Employer and Employee : EEPOET OF COMMITTEE Relations between Employee AND Employee. Submitted in Accordance wi*h Resolve appeoved June 5, 1903. January, 1904. BOSTON WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 18 Post Ofmoe Squabe. ^ 1904. THE LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY : 'IKi>OEt OF COMMITTEE Relations between Employer AND Employee. Submitted in Accordance with Resolve approved June 5, 1903. January, 1904. ^ BOSTON WRIGHT &' POTTER PRINTING CO., STATE PRINTERS, 18 Post Office Square. 1904. Olommontuealtl) of Mla5sac}i)U3ttts. EEPORT OF COMMITTEE ON RELATIONS Employer and Employee. Boston, Jan. 13, 1901. To the Honorable Senate and Eouse of Representatives. The Committee on Relations between Employer and Em- ployee, appointed by His Excellency the Governor in pursu- ance of a resolve approved June b', 1903, has the honor to submit herewith the results of its inquiries, and its recom- mendations, as directed in said resolve. The resolve in question reads in part as follows : — [Resolves op 1903, Chaptek 87.] Resolved, That the governor of the Commonwealth, with the advice and consent of the council, shall, within thirty days after the passage of this resolve, appoint a committee of five persons, citizens of the Commonwealth, one of whom he shall designate as Chairman, to be known as the committee on the relations between employer and employee. Of the said committee one member shall be an employer of labor in the Commonwealth and one shall be a representative of the employees. The said committee shall examine and consider the laws of the Commonwealth and any proposed laws or amendments concerning the legal relations of employer and employee, and especially concerning the liability of the employer for injuries received b'y the employee in the course of his employment, the conduct of strikes and lock- outs, the authority of the courts to issue injunctions in cases of strikes and to punish for contempt of court, the matter of black- - listing, the creation of a disability or pension fund by joint con- tributions of employers and employees, schemes of industrial partnership for the purpose of regulating wages, and schemes of industrial courts ; and other like matters. Said committee shall consider the matters involved in all petitions, bills and resolves now pending in the general court concerning any of the subjects above referred to. His Excellency the Qovernor, on the ninth day of July, 1903, appointed the undersigned as members of the Com- mittee on Relations between Employer and Employee. On the thirteenth of the same month the members qualified under their respective commiss'fons by taking and subscribing the oath prescribed by the Constitution, and on the same day organized for the purpose of considering the questions referred to them. The committee has held repeated hear- ings, giving notice throughout the Commonwealth, by adver- tisement in the papers and through circulars, of its readiness to take testimony on the different subjects referred to it. Under the provisions of the foregoing resolve, the com- mittee was charged to examine and consider the laws of the Commonwealth concerning the legal relations of employer and employee, and especially concerning the liability of the employer for injuries received by the employee, the conduct of strikes and lockouts, the authority of the courts to issue injunctions in cases of strikes and to punish for contempt of court, the matter of blacklisting, the creation of a disability or pension fund, schemes of industrial partnership for the purpose of regulating wages, and schemes of industrial courts. These matters have received the larger share of the attention of the committee. The other like matters concern- ing the legal relations between employers and employees, which are covered by petitions, bills and resolves pending in the General Court at the time of the passage of the foregoing resolve, have received such consideration as their impor- tance demanded. There have been brought to the attention of the committee other matters neither specifically nor incidentally referred to in the resolve. Among the bills before the committee are quite a number which do not come within the scope of the : instructions under which it has acted. Of these there may ' be mentioned ' An Act to establish a Board of Examiners for Barbers and to res;ulate the Manasjement of Barber Shops " (House, No. 905). This is a measure which more specifically belongs to the Board of Health, and has no rela- tion to the subject-matter referred to the committee, although testimony was oflFered which would seem to indicate that it is a measure. possibly requiring the attention of the Legis- lature. The attention of the committee was also called at the hearings to a number of bills relating to the granting of police pensions in cities (Senate, No. 59), to pensioning employees of the city of Boston (House, No. 206), to authorizing the city of Boston to pension certain employees (House, No. 286), to pensioning firemen in cities (House, No. 393), to the further extension of the pension system in the police department of the city of Boston (House, No. 625), to leaves of absence of twenty-four consecutive hours in the fire department of the city of Boston (House, No. 628), to authorizing the city of Boston to pension members of its police signal service (House, No. 844), and other bills of like character. These bills were not construed by the committee as coming properly under its consideration. Other bills of a different nature were urged upon our attention, among which may be mentioned the following a bill relative to the use of safety appliances by railroad companies (House, No. 430), — a matter which might more properly be passed upon by the Board of Railroad Commis- sioners ; a bill relative to the number of brakemen which railroad companies shall employ on freight trains (House, No. 431), — which might, in like manner, be passed upon by the Board of Railroad Commissioners ; a bill relative to arrests in minor criminal prosecutions (House, No. 434) ; one providing that no person shall be imprisoned for debt (House, No. 918) ; and one relative to the protection of traders (House, No. 555). These three latter bills, as re- lating to criminal matters, do not in any way pertain to the subjects to be considered by the committee. They have all been passed over, however, without prejudice, the committee having no recommendations or suggestions to make relative to them. A bill incidentally before the committee, and which might be considered as affecting the relation of employers and em- ployees, is one to exclude from certain occupations persons who do not declare an intention of becoming citizens of the United States (House, No. 350). Section 14 of chapter -^ 106 of the Eevised Laws provides as follows : In the employment of mechanics and laborers in the construc- tion of public works by the Commonwealth, or by a county, city or town, or by persons contracting with them, preference shall be given to citizens of the United States ; and every contract for such works shall contain a provision to that effect. Any con- tractor who knowingly and wilfully violates the provisions of this section shall be punished by a fine of not more than one hundred dollars for each offence. This provision would seem to be all that is required at the present time. To debar absolutely the Commonwealth and the counties and municipalities therein from employing other than citizens of the United States would, under cer- tain conditions, it is believed, cripple the power of such governments to carry on public works. The provisions of the act cited, compelling the Commonwealth and counties, cities and towns to give preference to those who have be- come citizens, reach as far as public polity now demands. The committee had before it another group of bills, rela- tive to the unemployed. On this grave question there was submitted to the General Court, in March, 1895, an ex- haustive report. That report took up the question of relief measures, wayfarers and tramps, public works and causes of non-employment, treating all the phases of the subject, and this committee does not feel that it can add anything to the statements and suggestions made therein. One bill in this group provides for the establishment of free employment offices in certain cities (House, No. 133). The Bureau of Statistics of Labor reported quite fully upon this subject in its annual report for 1893, and again in its Bulletin for May, 1900 ; but, as the experience under free employment offices had not been extensive at the latter date, and as since then cities and States have organized such offices, the Legislature at its recent session passed a resolve directing the Bureau of Statistics of Labor to consider the expediency of establishing free employment bffices in the Commonwealth. This resolve was approved May 4, 1903, and calls on the Bureau of Statistics of Labor to make a report not later than the fifteenth day of January, 1904. To the measures affecting the relation of employers and employees, whether referred to either specifically or inciden- tally in the resolve under which the committee has acted, or brought forward at its hearings, the committee has given much consideration, and has formulated its recommenda- tions and the reasons therefor, grouping the bills together under general topics. I. — Profit SHiiEiNG. Among the measures submitted for our consideration is House, No. 543, a bill which brings up the subject of profit sharing or industrial partnership. It provides, in brief, that any corporation doing business for profit within the Com- monwealth, whether foreign or domestic, shall in the first instance be entitled to pay as annual dividends to its stock- holders, from its earnings, an amount not exceeding five per cent, upon the market value of its property used in its busi- ness within the Commonwealth.
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