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Id., penalty. § 4. Any person or corporation violating any of the provisions of this act shall also incur a penalty of fifty dollars, which may be recovered in an action to be brought in the name of the people by the district-attorney of the county in which such violation occurs.

[Supplementary Article.]
ARTICLE 3o.

PROVISIONS RELATING TO DISPUTES BETWEEN EMPLOYERS AND EMPLOYEES.

THE STATE BOARD

OF MEDIATION AND ARBITRATION; AND ITS POWERS AND DUTIES

L. 1886, Chap. 410- An act to provide for the amicable adjustment of grievances and disputes that may arise between employers and employees, and to authorize the creation of a state board of arbitration. [Superseded by L. 1887, ch. 63, which immediately follows.]

L. 1887, Chap. 63-An act to provide for the amicable adjustment of grievances and disputes that may arise between employers and employees, and to authorize the creation of a state board of mediation and arbitration.

Submission of disputes to local boards of arbitration; how arbitrators designated. SECTION 1. Whenever any grievance or dispute of any nature shall arise between any employer and his employees, it shall be lawful to submit the same, in writing, to a board of arbitrators for hearing and settlement. Said board shall consist of three persons. When the employees concerned are members in good standing of any labor organization, which is represented by one or more delegates in a central body, the said body shall have power to designate one of said arbitrators, and the employer shall have power to designate one other of said arbitrators, and the said two arbitrators shall designate a third person, as arbitrator, who shall be chairman of the board. In case the employees concerned in any grievance or dispute are members in good standing of a labor organization which is not represented in a central body, then the organization of which they are members shall have the power to select and designate one arbitrator for said board, and said board shall be organized as hereinbefore provided. And in case the employees concerned in any grievance or dispute are not members of any labor organization, then a majority of said employees, at a meeting duly held for that purpose, shall designate one arbitrator for said board, and the said board shall be organized as herein before provided. In all cases of arbitration the grievance or matter of dispute shall be succinctly and clearly stated in writing, signed by the parties to the arbitration or some duly authorized person on their behalf, and submitted to such board of arbitration.

Arbitrators' consent and oath; notice of hearing; powers of board. § 2. Each arbitrator so selected shall sign a consent to act as such, and shall take and subscribe an oath before an officer authorized to administer oaths, to faithfully and impartially discharge his duties as such arbitrator, which consent and oath may be filed in the office of the clerk of the county where such dispute arises. When the said board is ready for the transaction of business it shall select one of its number to act as secretary, and the parties to the dispute shall receive notice of a time and place of hearing. The chairman shall have power to administer oaths and to issue subpoenas for the production of books and papers, and for the attendance of witnesses, to the same extent that such power is possessed by the courts of record or the judges thereof in this state. The board may make and enforce the rules for its government and the transaction of the business before it, and fix its sessions and adjournment, and shall hear and examine such witnesses as may be brought before the board, and such other proof as may be given relative to the matter in dispute.

Arbitrators' decision. § 3. After the matter has been fully heard, the said board, or a majority of its members shall within ten days, render a decision thereon, in

writing, signed by them, giving such details as will clearly show the nature of the decision and the points disposed of. Such decision shall be a settlement of the matter referred to said arbitrators unless an appeal is taken therefrom as is hereinafter provided. The decision shall be in duplicate, one copy of which shall be filed in the office of the clerk of the county, and the other transmitted to the secretary of the state board of mediation and arbitration, hereinafter mentioned, together with the testimony taken before said board.

When board may act in other cases. § 4. When the said board shall have rendered its decision its power shall cease, unless there may be in existence at the time other similar grievances or disputes between the same classes of persons, and in such case such persons may submit their differences to the said board, which shall have power to act, and arbitrate and decide upon the same as fully as if said board was originally created for the settlement of such other difference or differences.

State board of mediation and arbitration; selection of members; terms of office; vacancies; oaths; secretary. §5. Within three days after the passage of this act the governor shall, with the advice and consent of the senate, appoint a state board of mediation and arbitration, to consist of three competent persons, each of whom shall hold his office for the term of three years, to commence immediately upon the expiration of the term of office of the members of the present state board of arbitration, created under chapter four hundred and ten of the laws of one thousand eight hundred and eighty-six. One of said persons shall be selected from the party which at the last general election cast the greatest number of votes for governor of this state, and one of said persons shall be selected from the party which at the last general election cast the next greatest number of votes for governor of this state, and the other of said persons shall be selected from a bona fide labor organization of this state. If any vacancy happens by resignation or otherwise, he shall in the same manner appoint an arbitrator for the residue of the term. If the senate shall not be in session at the time any vacancy shall occur or exist, the governor shall appoint an arbitrator to fill the vacancy, subject to the approval of the senate when convened. Said board shall have a clerk or secretary who shall be appointed by the board to serve three years, whose duty it shall be to keep a full and faithful record of the proceedings of the board, and also all documents and testimony forwarded by the local boards of arbitration, and perform such other duties as the said board may prescribe. He shall have power under the direction of the board, to issue subpoenas, to administer oaths in all cases before said board, to call for and examine books, papers and documents of any parties to the controversy, with the same authority to enforce their production as is possessed by the courts of record or the judges thereof, in this state. Said arbitrators and clerk shall take and subscribe the constitutional oath of office, and be sworn to the due and faithful performance of the duties of their respective offices before entering upon the discharge of the same. An office shall be set apart in the capitol by the person or persons having charge thereof, for the proper and convenient transaction of the business of said board.

Appeals from local boards to state board; quorum; hearing; decision final. § 6. An appeal may be taken from the decision of any local board of arbitration within ten days after the rendition and filing of such decision. It shall be the duty of said state board of mediation and arbitration, to hear and consider appeals from the decisions of local boards, and promptly to proceed to the investigation of such cases, and the decision of said board thereon shall be final and conclusive in the premises upon both parties to the arbitration. Such decision shall be in writing, and a copy thereof shall be furnished to each party. Any two of the arbitrators 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 one of their number, if so directed. But the proceedings and decision of any single arbitrator shall not be deemed conclusive until approved by the board or a majority thereof. Each arbitrator shall have power to administer oaths.

Submission of dispute directly to state board; how made; proceedings thereupon. § 7. Whenever any grievance or dispute of any nature shall arise between any employer and his employees, it shall be lawful for the parties to submit the same, directly to said state board in the first instance, in case such parties elect to do so, and shall jointly notify said board or its clerk, in writing, of such election. Whenever such notification to said board or its clerk is given, it shall be the duty of said board to proceed, with as little delay as possible, to the locality of such grievance or dispute, and inquire into the cause or causes of grievance or dispute. The parties to the grievance or dispute shall thereupon submit to said board, in writing, succinctly, clearly and in detail, their grievances and complaints, and the cause or causes thereof, and severally agree in writing, to submit to the decision of said board as to matters so submitted, and a promise or agreement to continue on in business or at work, without a lock-out or strike until the decision of said board, provided it shall be rendered within ten days after the completion of the investigation. The board shall thereupon proceed to fully investigate and inquire into the matters in controversy, and to take testimony under oath in relation thereto, and shall have power by its chairman or clerk, to administer oaths, to issue subpoenas for the attendance of witnesses, the production of books and papers, to the same extent as such power is possessed by courts of record or the judges thereof, in this state.

Decision; filing and service. § 8. After the matter has been fully heard, the said board, or a majority of its members, shall within ten days, render a decision thereon in writing, signed by them or a majority of them, stating such details as will clearly show the nature of the decision and the points disposed of by them. The decision shall be in triplicate, one copy of which shall be filed by the clerk of the board in the clerk's office of the county where the controversy arose, and one copy shall be served on each of the parties to the controversy.

Mediation of state board in case of strikes, etc. § 9. Whenever a strike or lock-out shall occur, or is seriously threatened in any part of the state, and shall come to the knowledge of the board, it shall be its duty, and it is hereby directed to proceed, as soon as practicable, to the locality of such strike or lock-out and put themselves in communication with the parties to the controversy, and endeavor by mediation to effect an amicable settlement of such controversy; and if in their judgment it is deemed best, to inquire into the cause or causes of the controversy, and to that end the board is hereby authorized to subpoena witnesses, compel their attendance, and send for persons and papers, in like manner and with the same powers as it is authorized to do by section seven of this act.

Witnesses' fees; subpoenas and service. § 10. The fees of witnesses shall be fifty cents for each day's attendance, and four cents per mile travelled by the nearest route in getting to or returning from the place where attendance is required by the board. All subpoenas shall be signed by the secretary of the board, and may be served by any person of full age authorized by the board to serve the same.

Annual report of state board. § 11. Said board shall make a yearly report to the legislature and shall include therein such statements, facts and explanations, as will disclose the actual working of the board, and such suggestions as to legislation, as may seem to them conducive to harmonizing the relations of, and disputes between employers and the wage-earning masses, and the improvement of the present system of production.

Salaries. § 12. Each arbitrator shall be entitled to an annual salary of three thousand dollars, payable in quarterly instalments from the treasury of the state. The clerk or secretary shall receive an annual salary of two thousand dollars, payable in like manner.

Meaning of "employer." § 13. Whenever the term "employer" or "employers is used in this act it shall be held to include "firm," "joint-stock association," 66 company," or corporation," as fully as if each of the last named terms was expressed in each place.

66

REVISED STATUTES

OF THE

STATE OF NEW YORK.

PART III.

AN ACT concerning courts and ministers of justice, and proceedings in civil cases.

WHEREAS it is expedient that the several statutes of this state, relating to courts and ministers of justice, and to proceedings in civil cases, should be consolidated and arranged in appropriate chapters, titles and articles; that the language thereof should be simplified; and that omissions and other defects should be supplied: Therefore, The People of the State of New York, represented in Senate and Assembly, do declare and enact as follows:

CHAPTER I.

OF THE COURTS OF GENERAL OR LIMITED JURIS-
DICTION.

TITLE I.-OF THE COURT FOR THE TRIAL OF IMPEACHMENTS AND THE
CORRECTION OF ERRORS.
[Repealed.]

TITLE II.-OF THE COURT OF CHANCERY.

[Repealed.]

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TITLE IV.-OF THE CIRCUIT COURTS, SITTINGS, AND COURTS OF OYER

AND TERMINER.

TITLE V.-OF THE COURTS OF COMMON PLEAS AND GENERAL SESSIONS
OF THE PEACE, IN THE SEVERAL COUNTIES OF THIS STATE.

[Supplementary Title.

TITLE 5^.-Of the superior city courts.]

TITLE VI.-OF MAYORS' COURTS IN CITIES.

[Repealed.]

[163]

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Of the Court for the Trial of Impeachments and the Correction of Errors.

ART. 1.-Of the constitution of the court, and its officers.
ART. 2.-Of impeachments, and the mode of conducting them.
ART. 3. Of its powers as a court for the correction of errors.

[This entire title repealed by L. 1886, ch. 593.]

[167-196)

[196-200]

TITLE II.

Of the Court of Chancery.

ART. 1.-Of the constitution of the court, and of its officers and their duties.
ART. 2.-Of the general powers, duties, and jurisdiction of the court.

ART. 3.-Of the terms of the court, and the mode of proceeding therein.

ART. 4.-Of proceedings against absent, concealed, and non-resident defendants.
ART. 5.-Of the granting of injunctions to stay proceedings at law.

ART. 6.—Of the powers and proceedings of the court, upon bills for the foreclosure
or satisfaction of mortgages.

ART. 7.-Of proceedings in relation to the conveyance of lands by infants, and the sale and disposition of their estates.

[This entire title repealed by L. 1877, ch. 417, and L. 1880, ch. 245.]

TITLE III.

Of the Supreme Court.

[This entire title was repealed by L. 1877, ch. 417.]

L. 1881, Chap. 10-An act to provide for detailing judges of the city court of Brooklyn to hold circuits and special terms of the supreme court in Kings county.

Governor may designate judges of city court to hold circuits, etc. SECTION 1. Pursuant to the twelfth section of the sixth article of the Constitution of this state, the governor may, from time to time, whenever the public interests shall require, designate judges of the city court of Brooklyn to hold circuits and special terms of the supreme court in the county of Kings; such designation shall be in writing and shall specify the time and place of holding any such circuit or special term. When a case or bill of exceptions shall be made in any cause, tried at such circuit or special term, the same shall be settled before the judge holding the same, and the review shall be had at a special or general term of the supreme court, in the same manner and with the same effect as if such circuit or special term had been held by a justice of the supreme court.

L. 1881, Chap. 369-An act to provide for the performance of services in the supreme court and the court of appeals, by stenographers. Stenographers to report proceedings before any judge of court of appeals, etc. SECTION 1. The stenographers appointed or employed in the supreme court shall perform all such services as may be required from them, or either of them, in reporting,

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