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U. S. DEPARTMENT OF LABOR
BUREAU OF LABOR STATISTICS
ROYAL MEEKER, Commissioner
BULLETIN OF THE U N ITE D STATES \
B U R E A U OF L A B O R S T A T I S T I C S /
M I S C E L L A N E O U S
* ’ ‘
S E R I E S :
(WHOLE
( N UM BER
167
N O .
MINIMUM-WAGE LEGISLATION
IN
THE
UNITED
STATES
AND FOREIGN C O U N TR IES
APRIL, 1915
WASHINGTON
GOVERNMENT PRINTING OFFICE
1915
8
CONTENTS.
Page.
Introduction and summary...............................................................................................
5-16
Miniir um-wage legislation in the United States.......................................................
17-103
Reasons which have brought about minimum-wage legislation in the
United States............................................................................................................
17-29
Legislation in force in the United States.............................................................
30
Comparative analysis of American minimum-wage laws..............................
31-38
Operation of American minimum-wage laws....................................................... 39-102
California................................................................................................................
39,40
Colorado..................................................................................................................
40
Massachusetts........................................................................................................
41-55
Minnesota...............................................................................................................
55-59
Nebraska.................................................................................................................
59
Oregon.....................................................................................................................
59-67
Utah.........................................................................................................................
67-76
Washington...................................................................... .....................................
76-102
Wisconsin...............................................................................................................
102
Attitude of the American Federation of Labor on the legal minimum wage
103
Minimum-wage legislation in Australia and New Zealand.................................... 104-173
Introduction.................................................................................................................. 104,105
Wages-board system.................................................................................................... 105-107
Arbitration-court system........................................................................................... 107-109
Comparative analysis of minimum-wage laws.................................................... 109-114
Operations under wages board and arbitration laws........................................ 114-117
Effect of acts.................................................................................................................. 117-119
Victoria.................................................................................................................................... 119-138
History of legislation.................................................................................................. 119-122
Mode of constituting wages boards and making minimum-wage determi
nations......................................................................................................................... 122-124
Typical awards of wages boards............................................................................... 124-129
Effect of wage determinations in increasing w ages........................................ 129-132
Operation of the law................................................................................................... 133-138
New South Wales................................................................................................................. 138-156
History of legislation for fixing wages................................................................... 138-140
Development of jurisdiction of wage tribunals.................................................. 140-149
Functions of industrial boards....................................................................... 141,142
Procedure in fixing minimum wage..............................................................
142
Statistics of boards and awards....................................................................... 142,143
Industrial agreements........................................................................................ 143,144
Minimum wage fixed by Parliament............................................................ 144-146
Basis of the wages fixed..................................................................................... 146-148
Aged, infirm, or slow workers..........................................................................
148
Cost of industrial boards.................................................................................... 148,149
Typical awards of industrial boards...................................................................... 150-156
Queensland............................................................................................................................. 156-164
South Australia......................................................................................................................164-166
Tasmania................................................................................................................................. 166,167
3
4
CONTENTS.
Page.
Western Australia.................................................................................................................
167
New Zealand.......................................................................................................................... 168-173
Introduction...................................................................................................................
16 g
Summary of provisions of industrial arbitration act........................................ 168-171
Comparison of minimum rates under awards with actual rates paid......... 171-173
Work of conciliation councils and arbitration court...................................... ..
173
Cost of administration.......................................................................................... ......
173
Great Britain.......................................................................................................................... 174-183
Summary of provisions of trade boards act......................................................... 174-176
Organization and work of trade boards................................................................. 176-178
Prosecutions for enforcement of act...................................................................... 178,179
Opinion of British Board of Trade upon operation of act.............................. 179,180
Typical determination of a trade board............................................................... 181-183
Trade boards in Germany..................................................................................................
184
Minimum wage for female workers in France (proposed law).............................. 185,186
Text of minimum-wage laws............................................................................................. 187-316
California......................................................................................................................... 187-191
Colorado........................................................................................................................... 191-193
Massachusetts........................................................................................... ..................... 193-195
Minnesota........................................................................................................................ 195-198
Nebraska........................................................................................................................ 198-200
Oregon..................... ........................................................................................................ 200-204
Utah..................................................................................................................................
205
Washington..................................................................................................................... 205-208
Wisconsin...................................................................................... ..............................
208-210
Victoria............................................................................................ ............................... 210-233
New South Wales......................................................................................................... 233-258
New Zealand.................................................................................................................. 258-294
Great Britain.................................................................................................................. 295-313
Trade boards act, 1909 ........................................................................................ 295-303
Trade boards provisional orders confirmation act, 1913.......................... 303-305
Coal mines (minimum wage) act, 1912 ......................................................... 305-308
Typical award under coal mines act.................................................... 309-313
Text of laws of Australia and New Zealand directly fixing a minimum wage.. 313-316
Bill recommended by New York State Factory Investigating Commission.. 316-319
List of references..................................................................................................................
321-328
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS.
WHOLE NO. 167.
WASHINGTON.
APRIL, 1915.
MINIMUM-WAGE LEGISLATION IN THE UNITED
STATES AND FOREIGN COUNTRIES.
BY CHAS. H. VERRILL.
INTRODUCTION AND SUMMARY.
The minimum-wage movement in thir country, which resulted in
the enactment of minimum-wage laws in nine States in 1912 and 1913,
while perhaps appearing to be a sudden development, was in fact the
result of considerable investigation in this country and of long inves
tigation, agitation, and experiment in New Zealand, Australia, and
Great Britain. In Great Britain, especially, investigations of sweated
trades and studies of the remedies possible to correct the evil con
ditions found therein, and especially to deal with low wages, had
extended over a period of more than 20 years. The experience with
the legal minimum wage as a remedy had in New Zealand and Victoria
extended over a period of more than 15 years.
The reason which has led to the enactment of minimum-wage laws
has been much the same in most of the countries, namely, low wages.
While investigations in the United States have rarely disclosed con
ditions comparable with those found in some of the sweated industries
in Great Britain and in Australia, yet all of them have brought out the
fact that in many industries a large proportion of the women were
working at wages insufficient to meet the necessary cost of living if
dependent upon their own earnings. The development of the move
ment for a legal minimum wage may be seen from the following list of
the foreign and American States having such laws, with the dates of
the first enactments.
Minimum-wage Laws of Various Countries, with Dates of first Enactment.
New Zealand: Industrial conciliation and arbitration act, August 31,
1894.
Victoria: Factories and shops act, July 28, 1896.
South Australia: Factories act, December 5, 1900.
New South Wales: Industrial arbitration act, December 10, 1901.
5
6
BULLETIN OF THE BUKEATJ OF LABOR STATISTICS.
Western Australia: Conciliation and arbitration act, February 19,
1902.
Commonwealth of Australia: Commonwealth conciliation and arbi
tration act, December 15, 1904.
Queensland: Wages boards act, April 15, 1908.
Tasmania: Wages boards act, January 13, 1911.
Great Britain: Trade boards act, October 20, 1909; coal mines
(minimum wage) act, March 29, 1912.
United States—
Massachusetts: June 4, 1912; March 21, 1913; May 19, 1913.
Oregon: February 17, 1913.
Utah: March 18, 1913.
Washington: March 24, 1913.
Nebraska: April 21, 1913.
Minnesota: April 26, 1913.
Colorado: May 14, 1913.
California: May 26, 1913.
Wisconsin: July 31, 1913.
The minimum-wage law, as it has been known in recent American
discussion, and as it is usually understood in Great Britain, Australia,
and New Zealand, does not refer to a law in which is fixed a single rate
below which no worker may be employed, although such laws are in
existence in most of the Australasian States. The minimum wage,
as understood in this country and Great Britain, is a wage fixed by
some agency created by law, after due investigation has been made.
Two methods have grown up in Australia and New Zealand, one or the
other of which has been followed in practically all of the States where
minimum-wage legislation has been put in force.
In Victoria, since the enactment of the first law, July 28, 1896,
minimum wages have been established by wages boards, made up of
equal numbers of representatives of employers and employees, pre
sided over by an impartial chairman, who has a deciding vote. These
wages boards are set up for each trade or industry and are required to
discuss conditions and to determine by agreement the minimum wages
to be paid in the various processes and occupations in their own indus
try. These minimum rates, when fixed and published, are for the
time being legally binding upon all employers in the industry within
the area for which the board is appointed. This method was intro
duced in South Australia in 1900, in Queensland in 1908, in Tasmania
in 1911, but some modification has been made in more recent
legislation.
A second method of fixing the minimum wage has been followed in
New Zealand since 1894. The compulsory arbitration law of New
Zealand, adopted primarily for the prevention of strikes and lockouts,
conferred upon the arbitration court the authority to fix the condi
M IN IM U M -W A G E
LEGISLATION---- INTRODUCTION AND SUM M ARY.
7
tions of employment, including the minimum wage to be paid, in the
cases coming before it. This method was adopted by New South
Wales in 1901, Western Australia in 1902, and the Commonwealth of
Australia in 1904.
In the States which have the industrial arbitration system, indus
trial agreements of employers and employees under certain conditions
may be registered and have the force of awards. They are enforce
able against the parties and such other organizations and persons as
signify their intention to be bound by agreement. In some of the
States these industrial agreements have become very important.
Thus, at the end of September, 1914, 89 such agreements were in
force in New South Wales and 84 in Western Australia.
An important difference between the wages board and the com
pulsory arbitration method is that the wages board itself takes the
initiative in determining wages and conditions of employment for the
industry, without waiting for a dispute to arise, while under the com
pulsory arbitration method the court itself does not initiate proceed
ings, but waits until a dispute brings the question of wages or
conditions before it for adjustment. Under the wages-board system
each trade or industry has its own board, whereas an arbitration
court ordinarily deals with all the industries within a district.
Another important difference is in the fact that the wages boards
consist of persons representing both employers and employees, with
an impartial chairman, while the arbitration court usually consists
of one member only, who may, however, be assisted by experts or
assessors.
A recent tendency in Australia is to combine the most successful
features of the two systems. Thus, Victoria since 1903 and South
Australia since 1907 have had courts of industrial appeals, which may
review the determinations of wages boards. Queensland since 1912
has had an industrial court to which appeals may be made. In
Tasmania appeal from a wages-board determination may be made to
the supreme court. On the other hand, New South Wales introduced
in 1908 wages boards (or “ industrial boards” ) in connection with its
system of compulsory arbitration, and New Zealand in the same year
added conciliation councils, whose functions and methods are some
what similar to those of the wages boards in Australia.
In addition to the laws providing for the fixing of a minimum wage
by wages boards or courts of arbitration, the laws specifying a wage
below which no worker may be employed, which have already been
referred to, are important as limiting the wages for children or
apprentices. A special reason for their enactment was to prevent
the employment of children or apprentices without any wage or at
a premium, as was often done under the pretense of teaching the
trade. All of the Australasian States except Western Australia now
8
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
hay© such laws. In New Zealand the law specifies a minimum of
5s. ($1.22) a week for the first year, 8s. ($1.95) a week for the second
year, to be increased 3s. (73 cents) a week for each additional year.
of employment in the same trade until a wage of 20s. ($4.87) is
reached. No premium may be paid, nor any deduction made from
the wages of any boy or woman under 18 except for time lost through
the worker's fault or illness, or on account of the temporary closing
of the factory for cleaning or repairing of machinery. Under the
corresponding laws the minimum in Victoria is 2s. 6d. (60.8 cents)
a week; in South Australia, New South Wales, and Tasmania, 4s.
(97.3 cents) a week; and in Queensland, 5s. ($1.22) a week. In
Queensland and Tasmania the law provides for an increase in wages,
according to years of service, somewhat as in New Zealand.
The minimum-wage laws, both in New Zealand and in Australia,
met with much criticism and opposition in the earlier years. In
spite of this fact, however, they have been extended from year to year,
until they now apply to practically all industries in all the States.
Thus in Victoria the act of 1896, which at first applied to 6 sweated
trades only, has been renewed by the approval of the legislature five
successive times. The gradual application to the factories and indus
tries in Victoria may be seen by the addition by action of Parliament
in 1900 of 21 trades, in 1901 of 11 trades, in 1903 of 1 trade, in 1906 of
11 trades, in 1907 of 2 trades, in 1908 of 4 trades, in 1909 of 16 trades,
in 1910 of 20 trades, in 1911 of 12 trades, in 1912 of 19 trades, and
in 1913 of 2 trades. In addition by action of the governor in council
under the general authority of the law 8 boards were appointed in
1911 and 1 in 1912. The number of special boards existing or
authorized at the end of 1913 was 134, affecting approximately
150,000 employees. The extent of the system in the several States,
as shown by available reports on April 30, 1914, may be seen from
the following statement. The industrial agreements referred to
have the force of awards:
New South Wales:
Industrial boards, 208.
Number of awards in force, 260.
Industrial agreements in force, 71.
Membership of unions, about 200,000.
Victoria:
Wages boards, 131.
Number of determinations in force, 129.
Persons affected, 150,000.
Queensland:
Industrial boards, 81.
Number of awards in force, 76.
Persons affected, over 90,000.1
i At the end of June, 1914, the number of persons affected by industrial-board award* in Queensland
was reported as 90,000 under 92 awards.
M IN IM U M -W A G E
LEGISLATION— INTRODUCTION AND SUM M ARY.
9
South. Australia:
Wages boards, 51.
Number of determinations in force, 54.
Persons affected, 25,000.
Western Australia:
Number of awards in force, 18; number of awards pending, 19.
Number of industrial agreements in force, 93.
Membership of registered industrial unions, 30,000.
Tasmania:
Wages boards, 21.
Number of determinations in force, 19.
Commonwealth of Australia :
Number of awards in force, 17.
Number of industrial agreements in force, 233.
New Zealand:
Number of industrial unions, December 31,1913, 399.
Membership of industrial unions, 72,000.
Number of industrial agreements and awards in force March 31, 1912, 373.
During the period since the enactment of these laws, the indus
tries of the various States have maintained a steady growth and it is
reported that the systems of fixing minimum wages have not been
found a check upon this growth.
Such reports as are available from the Australasian States do
not disclose any tendency, after the many years during which the
laws have been in effect, to make the minimum also the maximum
rate. A New Zealand report discussing this question in 1910 showed
that in trades where minimum rates had been fixed by the arbitra
tion court, employing some 7,400 workers, 62 per cent were receiving
in excess of the minimum established by the court. The investiga
tion covered the four principal cities of the colony. In Auckland
63 per cent received in excess of the minimum; in Wellington, 64
per cent; in Christchurch, 63 per cent, and in Dunedin, 56.5 per cent.1
In the Australasian States the wage rates fixed by the wages
boards and industrial courts are not for unskilled and low-grade
workers only, but for all occupations, skilled as well as unskilled.
The “ living wage” is accepted as the basis for laborers, but above
this many rates are fixed, for the several occupations coming under
the jurisdiction of a board, according to skill. Thus, in a typical
Victorian determination of the engineering board, while a rate of 48s.
($11.68) for a 48-hour week is fixed for laborers, various higher mini
mum rates are fixed for the other occupations up to 66s. ($16.06) for
blacksmiths, fitters, turners, etc., and 72s. ($17.52) for patternmakers.2
For apprentices and learners special minimum rates, below the
cost of living minimum for adults, are fixed according to age, the
rates usually being increased at regular intervals to the end of a
fixed period, when the scale for adults comes into effect. An im
1 See page 171.
2
See also page 124 et seq.
10
BULLETIN OF THE BUKEAU OF LABOB STATISTICS.
portant duty of the Australasian determinations and awards is the
fixing of the proportion of apprentices and learners.
Great Britain in introducing minimum-wage legislation took the
Victorian system as a model after an investigation by a commissioner
in 1908. The first British legislation was the trade boards act of 1909,
enacted October 20, 1909, and in effect January 1, 1910. The law
as enacted applied to four trades: Chain making by hand, paper-box
making, lace finishing, and wholesale tailoring. These trades were
estimated to employ about 250,000 persons, more than two-thirds of
whom were women. The avowed purpose of the act was to deal with
sweated industries, and the four first chosen were chosen because of
the low wages which they were known to pay. On August 15,1913,
by the trade boards provisional orders confirmation act of 1913, the
law was extended practically without opposition to include four other
industries: Sugar confectionery and food preserving, shirt making,
hollow ware, and cotton and linen embroidery. These industries have
been estimated to employ about 150,000 persons.
Under this act one or more wages or trade boards may be estab
lished by the Board of Trade for each of the specified industries. The
boards must consist of equal numbers of persons representing em
ployers and employees and a smaller number of appointed members
unconnected with the trade. The number of appointed members
must be less than half the total number of representative members.
One of the members is named by the Board of Trade as chairman.
The trade boards are authorized to fix minimum time rates or mini
mum piece rates, and may fix special rates for any particular class
of work. The rates may differ according to district or according to
persons. The boards have power to issue permits to slow, aged, or
infirm workers to be employed for less than the minimum rate.
Before fixing any minimum rate the trade board must give notice
of the rate which it proposes to fix and consider any objections which
may be filed with it within three months. At the conclusion of the
three months' period the rate may be fixed by the trade board and
then comes into operation to a limited extent. Six months later the
Board of Trade must issue an order making the rate obligatory upon
all employers, unless the Board are of the opinion that the circum
stances are such as to make it premature or otherwise undesirable.
For the extension of the act to other trades a provisional order of
the Board of Trade is necessary, which must have the approval of
Parliament.
The methods of the British trade boards in fixing minimum rates
are similar to those followed by the wages boards in Australia. One
minimum rate is usually established for workers above a certain age
engaged in a process or occupation, while for younger workers a
minimum rate considerably lower is established, increasing according
to duration of employment. It is claimed that the result of fixing a
M IN IM U M -W A G E
LEGISLATION---- INTRODUCTION AND SUM M ARY.
11
graded scale of pay, rising year by year, for apprentices and learners
is that employers are induced in their own interest’to see that proper
instruction is given in order to improve the value of the services of
the employee.
The following statement shows in part the minimum rates fixed
for the ready-made and wholesale tailoring trade in Great Britain:
Per hour.
Female workers other than home workers..........................3Jd. (6.6 cents).
Female home workers................................................................ 3Jd. (6.6 cents).
Female learners, commencing at 14 and under 15 years
of a g e :
Per week of 50 hours.
First 6 months..................................................................... 3s. (73 cents).
Second 6 months................................................................. 4s. 6d. ($1.10).
Third 6 months.................................................................... 6s. ($1.46).
Fourth 6 months................................................................. 7s. 3d. ($1.76).
Fifth 6 months..................................................................... 8s. 4d. ($2.03).
Sixth 6 months.................................................................... 9s. 5d. ($2.29).
Seventh 6 months............................................................... 11s. 5d. ($2.78).
Eighth 6 months................................................................. 12s. 6d. ($3.04).
In the trade in question different rates are provided for learners
commencing at 15 and under 16 years of age, at 16 and under 21
years of age, and at 21 years of age and over. This grading of mini
mum rates according to age and experience is a characteristic feature
of the determinations of the British and Australian wages boards.
It will be noticed that the number of grades aad length of the periods
fixed for learners and apprentices are greatly in excess of those thus
far fixed by American commissions.
An important industry to which the legal-minimum-wage principle
has been applied in Great Britain is coal mining, the coal mines
(minimum wage) act of 1912 having been enacted March 29,1912, pro
viding for the establishment of boards for fixing minimum rates for
all underground workers in coal mines, numbering over 800,000,
the greatest body of workers anywhere under the protection of a
minimum-wage act. The act expires by limitation three }rears after
its approval unless extended by Parliament. This law was enacted
as a compromise in settlement of an important strike, the workers
at the time having made a strong demand for the introduction of a
minimum wage into the law itself, a demand which was not granted
by Parliament. The measure as passed provided for the establish
ment of joint district boards, consisting of representatives of em
ployers and employees, with an independent chairman appointed by
them. The boards may fix wage rates, rules, and conditions of work.
The country, for the purposes of the law, is divided into 22 districts,
each of which has a wages board. The application of the legal
minimum wage to the coal-mining industry in Great Britain is espe
cially significant, because of the fact that the employees are very
largely adult males and very strongly organized.
12
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Statistics are not available to show precisely the gains which have
resulted to the workers from the operation of these laws, but such
information as is available shows very considerable gains in wage
rates in particular oases, especially to the lowest-grade workers.
The gains also, it has been stated, extend to workers formerly earning
above the minimum fixed.1
All of the foreign minimum-wage laws above referred to are appli
cable to men, as well as to women and children, in this respect differ
ing from the American laws, all of which have one principle in com
mon in that they apply only to women and minors.
Minimum-wage legislation in the United States began with the
enactment of the Massachusetts law of June 4, 1912, which, however,
did not come into effect until July 1, 1913. Legislation in Massa
chusetts was followed by similar legislation in eight other States
during 1912 and 1913. As regards the scope of the laws, in Cali
fornia, Oregon, and Washington the commissions have authority to
fix the conditions of labor, as well as minimum-wage rates, and in
California and Oregon to fix maximum hours, but in California the
hours fixed may not be in excess of those fixed by specific statute.
In Wisconsin the industrial commission under an earlier enactment
may fix maximum hours and conditions of labor. In all the other
States except Utah the powers granted under these laws are limited
to fixing minimum wages. In Utah only the minimum-wage rates
are fixed in the act, namely:
For minors under 18, not less than 75 cents a day.
For adult learners and apprentices, not less than 90 cents a day,
with the learning or apprenticeship period limited to one year.
For experienced adults, not less than $1.25 per day.
The basis for determining the minimum wage is in all the other
American laws the necessary cost of living, but in Colorado, Massa
chusetts, and Nebraska consideration must be given also to the
financial condition of the business and the probable affect thereon
of any increase in the minimum wage. By exception a lower wage
may be paid to those who are physically defective. For learners
and apprentices a substandard minimum is provided for in some
but not in all of the laws.
The American acts do not contain any provision specifically
authorizing a commission to limit the number or proportion of
apprentices. However, under its power to limit the number of
apprentices to those holding licenses, the Washington commission
has undertaken to limit the number of apprentices. The Wisconsin
act contains a similar provision.
The administration of the laws is, except in the case of Utah, in
the hands of a commission, either appointed for the purpose or hav
ing general functions in regard to the administration of labor laws.
1 See page 129 et seq.
M IN IM U M -W A G E LEGISLATION— INTRODUCTION AND SUM M ARY.
13
In Utah the administration of the law is in the hands of the commis
sioner of immigration, labor, and statistics. The commissioners are
in all cases appointed by the governor.
Preliminary to the fixing of minimum-wage rates, investigation by
the commission, either upon its own initiative or upon complaint, is
required, the commissioners having authority to subpoena witnesses^
administer oaths, and examine books. The work of determining the
proper minimum wage is in all cases, except Colorado and Utah, in the
hands of a subordinate wage board, these boards, however, only serv
ing in an advisory capacity to the administrative commission, which
may refer back all or any part of the recommendations for further
investigation and consideration or may appoint a new wage board.
The wage boards consist of equal numbers of representatives of
employers and employees and one or more representatives of the
administrative commission or of the public. The boards, upon being
established, consider the results of the preliminary investigations and
may make further investigations, endeavoring in conference to agree
upon the minimum wage to be recommended. When the report of
the wage boards has been accepted by the administrative commis
sions, public hearings must be held, with due notice. If, after the
hearings, no change is considered necessary in the recommendations,
they are published as orders, which become effective after 30 days in
Minnesota and Wisconsin and after 60 days in California, Colorado,
Oregon, and Washington. In Massachusetts the commission enters
a decree of its findings and at the same time notes thereon the
names of employers who fail or refuse to accept the minimum wage.
These names may be published by the commission when advisable.
In Nebraska the procedure is as in Massachusetts except that the
names of employers paying less than the minimum must be pub
lished within 30 days.
In all the States except Minnesota special provision is made for
court review. In Oregon and Washington only questions of law
may be referred to the court. In California, in addition, the court
may set aside a determination if the commission act without or in
excess of its powers or if the determination was procured by fraud.
In California and Wisconsin the determination may be set aside if
unreasonable or unlawful; in Massachusetts, if compliance would pre
vent a reasonable profit; in Nebraska, if likely to endanger the pros
perity of the business.
In all the States except Massachusetts and Nebraska a penalty of
fine or imprisonment, or in some cases of both, is provided for paying
less than the minimum wage fixed or for failure to comply with the
other conditions of the determination. In Massachusetts and
Nebraska the only power of enforcement given to the commission is
such as is contained in the authority to publish the names of employers
paying less than the minimum wage fixed.
14
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The preliminary work necessary to fixing minimum-wage rates is
considerable and only a few of the States have yet reached this
point in the administration of their minimum-wage laws. In Utah,
where the rate was fixed in the law, it came into effect with the law
without formality. In Minnesota wage orders were issued in Octo
ber, 1914, fixing wages, but an injunction issued the day before the
orders were to become effective suspended their enforcement, and
the matter is still awaiting the decision of the State supreme court.
In some of the other States action has been delayed pending the
decision of the United States Supreme Court upon the constitution
ality of the Oregon act.1 The wage determinations thus far available^
and the dates when effective, are as follows. It will be observed that
the variations for age and experience in the rates fixed in these de
terminations are much less numerous than in those of the British
and Australian wages boards:
OREGON.
October 4, 1913, in manufacturing or mercantile establishments, millinery, dress
making or hairdressing shops, laundries, hotels, restaurants, telephone or telegraph
establishments or offices in the State, for girls between 16 and 18 years, a minimum
wage of $1 a day.
November 10, 1913, in manufacturing establishments in Portland, for experienced
adult women, a minimum weekly rate of $8.64.
November 23, 1913, in mercantile establishments in Portland, for experienced adult
women, a minimum weekly rate of $9.25.
February 2, 1914, in offices in Portland, for experienced adult women, a miniimim
rate of $40 per month.
February 7,1914, in any industry in the State, experienced adult women, a minimum
weekly rate of $8.25.
February 7, 1914, for inexperienced adult women, a minimum weekly rate of $6.
Such workers shall be considered inexperienced not more than one year.
August 31, 1914, in millinery and dressmaking trades, for women and girls with no
previous experience, a preapprenticeship period of 30 days’ employment to test
fitness for the trade will be allowed at a weekly rate of less than $6.
WASHINGTON.
June 27, 1914, in mercantile establishments, for any female over 18, a minimum
weekly rate of $10.
June 27, 1914, in mercantile establishments, for any person under 18, a minimum
weekly rate of $6.
August 1,1914, in factories, for any female over 18, a minimum weekly rate of $8.90.
August 1,1914, in factories, for any person under 18, a minimum weekly rate of $6.
August 24,1914, in laundries and dye works, for any female over 18, a minimum weekly
rate of $9.
August 24, 1914, in laundries and dye works, for any person under 18, a minimum
weekly rate of $6.
September 7, 1914, in any establishment in connection with the operation of a tele
phone or telegraph line, for any female over 18, a minimum weekly rate of $9.
October 7,1914, in any establishment in connection with the operation of a telephone
or telegraph line, for any person under 18, a minimum weekly rate of $6 (this order
does not apply to messengers in third-class cities or towns who are not continuously
employed and who are paid by the piece).
M IN IM U M -W A G E
LEGISLATION---- INTRODUCTION AND SUM M ARY.
15
February 20, 1915, as stenographer, bookkeeper, typist, billing clerk, filing clerk,
cashier, checker, invoice clerk, comptometer operator, or any clerical work of any
kind, for any female over 18, a minimum weekly rate of $10.
February 20, 1915, as stenographer, bookkeeper, typist, billing clerk, filing clerk,
cashier, checker, invoice clerk, comptometer operator, or any clerical work of any
kind, for any person between 16 and 18, a minimum weekly rate of $7.50; for any
person under 16, a minimum weekly rate of $6.
Also the following rules in regard to apprentices:
June 27, 1914, in mercantile establishments, for apprentices—
First 6 months, a minimum weekly rate of $6.
Second 6 months, a minimum weekly rate of $7.50.
And not more than 17 per cent of the total number of adult female employees
shall be apprentices, and not more than 50 per cent of apprentices shall receive a
weekly wage of less than $7.50.
Millinery and dressmaking, one year’s apprenticeship—
17 weeks at $3 a week.
17 weeks at $5 a week.
18 weeks at $7.50 a week.
Manicuring and hairdressing, one year’s apprenticeship, in 4 periods of 3 months
each—
First period, $1.50 a week.
Second period, $4 a week.
Third period, $6 a week.
Fourth period, $8 a week.
Telephone, 9 months’ apprenticeship—
3 months at $6 a week.
2 months at $6.60 a week.
2 months at $7.20 a week.
2 months at $7.80 a week.
In the smaller exchanges—
4 months at $6 a week.
5 months at $7.50 a week.
Laundry, 6 months’ apprenticeship—
3 months at $6 a week.
3 months at $7.50 a week.
Factories, 6 months to one year’s apprenticeship, with two or more periods, beginning
at $6 a week.
Office employment, 6 months’ apprenticeship, at $7.50 a week.
MASSACHUSETTS.
Brush industry, August 15,1914:
For experienced female employees, a minimum wage of 15| cents an hour.
For learners and apprentices, 65 per cent of the above minimum.
Period of apprenticeship shall not be more than 1 year.
These findings shall apply also to all minors.
The material available for arriving at a judgment of the effect of the
minimum-wage laws in the various States is as yet very limited.
Such laws must be regarded as still in the experimental stage so far
as the United States is concerned. A study of their operations over
a considerable period of time and under a variety of conditions will
be necessary before any definite conclusion as to their ultimate
effect can be reached. In Utah, as the wage scale came into force
with the law itself on March 13, 1913, there is a considerable period
16
BULLETIN OF THE BUREAU OF LABOF STATISTICS.
of experience to indicate the effect of the law. In the other States
where wage rates have come into force, the longest experience is
found in Oregon, where the first determination was October 4, 1913.
In Washington the first determination dates back only to June 27,
1914, and in Massachusetts only to August 15, 1914. In the lastnamed State the wage scale is applicable to only one industry, and
that one employing only a small number of persons.
In Utah an informal report by the official charged with the admin
istration of the act, after an experience of slightly over a year, stated
that (1) the law had been instrumental in raising the wages of a
number of women and girls; (2) it had not increased the pay roll,
in establishments employing any considerable number of women,
over 5 per cent; (3) it had not caused the minimum to become very
nearly the maximum wage. A much larger number of employees
are drawing a wage in excess of the highest minimum than are paid
the legal wage itself. (4) Most employers admit that they have
obtained increased efficiency since the law came into effect. (5) The
law has tended to equalize the cost of production or of selling among
the various manufacturers and merchants.1
In Oregon the only official report available furnishes no informa
tion in regard to the effect of the wage rates which have been put into
force. With the purpose of securing full and accurate information
in regard to the effect upon the employees and the industry of a
typical minimum-wage law, an intensive study of the Oregon act,
as the minimum act longest in operation, was undertaken by the
Bureau of Labor Statistics in cooperation with the Commission on
Industrial Relations. The results of this study will be published
as a bulletin of this Bureau within a few months.
In Washington a survey by the State commission of the three lead
ing industries in which the minimum wage was first established, mer
cantile establishments, laundries, and telephone exchanges, showed
that while 60 per cent (50 per cent in the stores) of the women
employed were receiving less than the minimum wage prior to the
application of the law, the wages of practically all of these workers
had been raised to the minimum without serious opposition and with
out injury to the industries. No leveling down of wages was found,
but, on the contrary, a larger number than formerly were receiving in
excess of the wage fixed as the established minimum. The women
workers have been neither dismissed nor displaced by cheaper em
ployees, and the number replaced by apprentices or minors is reported
to be so small as to be a negligible factor.2
In Massachusetts no determination has been in effect for longer
than six months and no official information is available to show the
effect of the new scale of pay upon either the workers or the industry.
i See page 75.
2 See page 78 et seq.
MINIMUM-WAGE LEGISLATION IN THE UNITED STATES.
REASONS W H IC H HAVE BROUGHT ABOUT M IN IM U M -W A G E LEGISLATION
IN TH E UNITED STATES.
In studying minimum-wage legislation in the United States it may
be proper to consider the reasons which have usually been put forward
in the States where minimum-wage legislation has been enacted for
the passage of the existing laws. These may be summarized briefly
as—
1. In many industries a large proportion of the wage earners are
women who are dependent upon their own earnings and in many
cases are also the principal support of others.
2. A considerable proportion of these women, and, in fact, of all
women wage earners, are paid wages inadequate to supply a reason
able standard of living.
3. In a considerable number of these industries, however low the
wages paid in some establishments may be, other establishments are
to be found in the same localities paying a living wage and success
fully competing with those of the lower-wage standard.
While there have been within a few years many local investigations
of the wages and conditions of women wage earners, the Bureau of
Labor Report on Condition of Woman and Child Wage Earners in
the United States has been most often cited as showing conditions
throughout a wide area. Thus this report showed1 that in a group of
1,698 women employed in department and other retail stores in seven
of the principal cities, 26.1 per cent were without homes and entirely
dependent upon their own earnings, and that of those living at home
68.5 per cent turned in all of their earnings toward the family sup
port. In a similar group of 5,014 women employed in mills and
factories in the same cities, 17.5 per cent were found to be without
homes and dependent upon their own earnings, and among those
living at home 77.2 :per cent turned in all their earnings to the
family. In another part of the woman and child labor investiga
tion it was found that in a group of some 4,800 families with girls
16 years of age and over at work in the cotton, men's ready-made
clothing, glass, and silk industries, these girls contributed nearly all
their earnings to the family support, the average per cent of total
i Vol. V., pp. 15 and 19 to 21.
82843°—Bull. 167—15------2
17
18
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
earnings contributed ranging from 86 per cent in the glass industry
to 96 per cent in the silk industry and 97 in the cotton industry in
New England; or, measured in another way, their contributions con
stituted of the total family income 27 per cent in the glass industry,
40 per cent in the clothing industry, 35 per cent in the silk industry,
and 43 per cent in the New England cotton industry.1
In the group of women employed in department and other retail
stores already referred to, the average weekly earnings of 30.8 per
cent were under $6 and of 66.2 per cent under $8. A study of the
pay rolls of department and other retail stores in New York, Chicago,
and Philadelphia, including 36,000 female employees, showed that
the weekly rates of pay of 26.4 per cent fell below $6 and of 57.7
per cent below $8. In the group of women employed in mills and
factories already referred to, the average weekly earnings of 40.1
per cent fell below $6 and of 74.3 per cent below $8.2
Similar figures are available from the same report covering the
four great industries, cotton, men’s clothing, glass, and silk. The
percentages of women 16 years of age and over whose wages in a
representative week fell below $6 and $8 were found to be as follows:
P E R CENT OF WOMEN 16 YEARS OF AGE AND OVER EARNING UNDER $6 AND UNDER
$8 IN A REPRESENTATIVE W EEK.
Per cent earning—
Industry.
Total
number.
Under $6.
Under $8.
Cotton:
13,744
New England..................................................................................
38.0
67.5
12,654
Southern.........................................................................................
68.0
90.9
Men’s ready-made clothing...................................................................
10,149
49.0
73.1
2,774
64.0
Glass......................................................................................................
91.5
8,596
Silk.........................................................................................................
45.4
71.1
In another section of the woman and child labor investigation,
where the wages of over 38,000 women 18 years of age and over were
secured, the following percentages were found to be receiving less
than $6 and less than $8 in a representative week.
i Vol. I, pp. 433, 430; Vol. II, pp. 365, 368; Vol. I ll, pp. 525, 527; Vol. IV, pp. 259, 261.
* Vol. V, pp. 41, 45, and 46.
M IN IM U M -W A G E LEGISLATION-----UNITED STATES.
19
P E R CENT OF FEMALE EMPLOYEES 18 YEARS OF AGE AND OVER EARNING LESS
THAN $6 AND LESS THAN $8 IN A REPRESENTATIVE W EE K , B Y INDUSTRIES.
[Source: Report on Condition of Woman and Child Wage Earners in the United States, Vol. X V III, p. 23.]
Per cent earning—
Industry.
Number.
Under $6.
Under $8.
Rubber and elastic goods......................................................................
Shirts, overalls, etc................................................................................
Stamped and enameled ware...............................................................
Tobacco and sn^ff.................................................................................
Woolen and worsted goods...................................................................
449
155
225
335
1,071
5,994
696
1,948
307
2,789
1,273
803
7,251
129
427
433
2,213
503
233
2,371
992
3,670
3,915
59.2
99.4
50.2
61.8
33.1
39.3
33.5
55.6
22.1
29.7
54.0
57.9
31.7
31.8
27.2
61.7
40.1
45.5
28.8
55.5
45.0
55.6
29.7
93.5
100.0
79.5
84.5
75.4
71.3
72.3
81.3
61.9
58.9
82.0
88.2
64.0
67.4
61.6
92.1
74.5
65.8
56.7
89.9
72.7
79.9
68.9
Total.............................................................................................
38,182
41.1
72.7
fanning and preserving, oysters. , ________ _____ - ____ _______ ___
n^n<5 and J>nxftS, fin .... - , _________________ _____________________
Cigar boxes.............................................................................................
Cigarettes...............................................................................................
Clocks and watches...............................................................................
Confectionery.........................................................................................
Core mairing...........................................................................................
Crackers and biscuits........................................... . ...............................
Hardware, etc..... ........... ..... ................................................................
Hosiery and knit goods.........................................................................
Jewelry...................................................................................................
Needles and pins...................................................................................
Nuts, bolts, and screws...................................... .................................
Paper boxes...........................................................................................
The wide variation in the wages of women in unskilled occupa
tions in the same industry is illustrated in the following table:
COMPARATIVE AVERAGE WAGES OF WOMEN IN 4 SELECTED OCCUPATIONS IN 13
SELECTED ESTABLISHMENTS IN THE GLASS INDUSTRY.
[Source: Report on Condition of Woman and Child Wage Earners in the United States, Vol. I ll, Glass
Industry, p. 408.]
Total.1
State.
Pa.......
O h io...
Pa........
W .V a..
Pa........
O h io ...
Pa........
O h io ...
D o ...
D o ...
W .V a ..
O h io ...
D o ...
Selecting.
Establishment
num
ber.
Num Aver
ber age
of wage
per per
sons. hour.
Establishment
num
ber.
1
2
3
4
5
6
7
8
9
10
11
12
13
Cts.
5.9
26
16 6.3
28
6.7
24
6.9
7.2
18
23
8.1
79
8.1
79 9.0
34
9.3
9.5
28
12
9.7
18 11.2
29 11.9
1
5
4
9
3
6
8
2
7
12
11
10
13
Num
ber
of
per
sons.
Aver
age
wage
per
hour.
Cts.
16 5.7
6
7.6
9
7.7
12 7.7
7 8.0
20
8.2
45
8.4
4
8.7
22
9.0
2
9.3
3 10.0
9 10.0
23 12.1
Wrapping.
Washing.
EsEsAver
tab- Num Aver
tab- Num
age lishber age
lish- ber
of wage ment of wage
ment per
per num per per
num sons. hour.
ber.
ber. sons. hour.
2
4
3
5
10
7
8
11
9
13
12
6
1
Cts.
6
5.7
10 6.4
6.6
9
9
7.1
4
7.2
24
7.5
19
7.7
4
8.7
6
8.9
3 12.2
6 12.9
1
2
3
4
6
12
7
11
9
13
5
10
8
10
6
6
5
3
6
6
3
12
3
Cts.
5.2
5.4
6.0
6.5
7.3
7.5
7.9
9.4
9.6
10.0
Grinding (hand).
Establishment
num
ber.
3
5
7
10
11
8
9
12
6
2
13
4
1
Num
ber
of
per
sons.
6
3
27
15
2
15
4
4
Aver
age
wage
per
hour.
Cts.
6.2
6.7
7.9
9.7
11.6
12.4
14.3
15.0
i In the total division the establishments are given consecutive numbers, these numbers being attached
to the same establishments in each of the occupational divisions.
As these four occupations are all of a relatively unskilled character,
it might fairly be supposed that there would be no great variation in
the rate of wages, yet the table shows that for three of them the
20
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
average wage paid by the establishments at one extreme is at least
double that paid by the establishment at the other extreme, while
in the fourth occupation, washing, the variation is little short of 100
per cent. In grinding the variation is particularly great, the differ
ence between 6.2 cents an hour and 15 cents an hour being, on a 58
hour per week basis, the difference between $3.60 and $8.70 a week.
The report of the Massachusetts Commission on Minimum Wage
Boards disclosed similar variations in rates of pay in the same indus
try and in the same locality.1 In England also investigations have
shown extraordinary variations in women’s wages. In some cases
one worker will be getting twice as much for doing a certain piece
of work as the woman who works next door. Especially striking
instances of this fact have been pointed out in home work, but such
examples are not limited to home workers but exist in factories and
workshops as well. A firm in Whitechapel has been referred to which
pays its tea packers 16s. ($3.89) a week, while another firm in the
same neighborhood pays 7s. 6d. ($1.82) for the same work. One
firm of cocoa manufacturers pays Is. 3d. (30.4 cents) for the filling
of 1,000 bags. Another close at hand pays only 8d. (16.2 cents).2
“ As showing that at present no standard of payments exists in many
women’s trades, Miss Macarthur, secretary of the Women’s Trade
Union League, giving evidence before the select committee of the
House of Commons, mentioned the case of two cartridge workers
who left one factory in the Edmonton district for another newly
opened in the district. The one girl is able to earn now about half
what she earned at the Edmonton factory, and the other girl in
another department is earning double what she earned at Edmonton.
So that would show that in one department that firm is paying
nearly 100 per cent more, and in another department 40 or 50 per
cent less, than the other firm.” 2
In Massachusetts a commission on minimum-wage boards was
appointed in 1911, the object of which as stated in the law was, “ To
report on the advisability of establishing a board or boards to which
shall be referred inquiries as to the need and feasibility of fixing mini
mum rates of wages for women and minors in any industry.” The
commission, it was provided, should consist “ of five persons, citizens
of the Commonwealth, of whom at least one shall be a woman, one
shall be a representative of labor, and one shall be a representative
of employers.”
The commission, after extensive investigations, submitted its
report, recommending the enactment of a law providing for minimumwage boards, in January, 1912.
1Pages 58,117, and 160.
case for wages boards. By J. J. Mallon. (In Premiere conference internationale des ligues
sociales d’acheteurs, Genfcve, 24-26 septembre, 1908.) pp. 429-449.
2 The
21
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
The scope of the investigation of the Massachusetts commission is
indicated by its statement in its report that: “ To obtain an accurate
view of the condition of labor so far as the women and minors are
concerned, it is especially of service to ascertain, if possible, not only
the wage schedules, but the actual weekly and annual earnings, the
variation of these earnings with age and experience, the irregularity
of employment due both to industrial conditions and to the physical
exhaustion and ill health of the employees, the economic status of the
workers in so far as they are aided by other members of a family
group, or by charity, or are themselves called on to support others.”
The commission collected wage schedules from 6,900 persons, and
a certain amount of personal and domestic data from 4,672 persons.
Employees in 91 establishments in 18 localities were investigated.
The commission also made use of the material relating to female
cotton operatives included in the Federal Bureau of Labor Report
on Condition of Woman and Child Wage Earners in the United States.
“ Altogether, information, more or less detailed but all of a thoroughly
reliable character, being based upon pay rolls and first-hand inquiries
by trained investigators, was gathered covering 15,278 female wage
earners engaged in four different occupations in the Commonwealth.”
The number of employees included in the investigation whose wages
were ascertained is shown in the following table:
NUMBER OF FEMALE W ORKERS UNDER 18 YEARS OF AGE AND 18 YEA R S OF AGE AND
OVER IN THE INDUSTRIES INVESTIGATED.
Confection
ery.
Stores.
Laundries.
Cotton.
Total.
Under 18 years of age...................................
18 years of age and o v e r..............................
301
1,218
467
2,861
130
847
1,088
6,933
1,986
11,859
Total....................................................
1,519
3,328
977
8,021
13,845
The average weekly earnings of the employees included in the
investigation in the various industries covered are shown in the fol
lowing table. The earnings are expressed in percentages of workers
receiving under a specified amount per week.
PER CENT OF FEMALE EMPLOYEES 18 YEARS OF AGE AND OVER INVESTIGATED
RECEIVING W E E K L Y WAGES UNDER SPECIFIED AMOUNTS.
Per cent of employees receiving weekly wage—
Candy factories.............................................
Retail stores.............................................
Laundries......................................................
Cotton............................................
Total..................................................
Under $5.
Under $6.
Under $7.
41.0
10.2
16.1
23.0
65.2
29.5
40.7
37.9
82.3
47.9
60.1
53.0
93.1
60.4
75.1
66.8
6.9
39.6
24.9
33.2
22.2
38.9
55.3
68.6
31.4
Under $8. $8 and over.
22
BULLETIN OF THE BUREAU OP LABOR STATISTICS.
By the above figures it is seen that 41 per cent of the candy
workers, 10.2 per cent of the saleswomen, 16,1 per cent of the laundry
workers, and 23 per cent of the cotton workers earn less than $5 a
week, and that, respectively, 65.2 per cent, 29.5 per cent, 40.7 per
cent, and 37.9 per cent of them earn less than $6 a week. In these
four industries, therefore, we find low wage rates for a very considerable
number of persons.
The question how far the wages of the above four industries may
be taken as representative of conditions broadly prevalent is answered
in part by the figures supplied by the [Massachusetts] bureau of
statistics.
The following table presents this information in the form of per
centages of workers earning specified amounts per week:
PER CENT OF FEMALE EMPLOYEES IN A LL MANUFACTURING INDUSTRIES
RECEIVING W E E K L Y WAGES UNDER SPECIFIED AMOUNTS.
Per cent of employees receiving weekly wage—
Under $6.
Under $7.
Under $8. $8 and over.
21 years and over..........................................
18 years to 21 years1.....................................
17.7
24.2
33.8
47.7
50.6
65.8
49.4
34.2
100.0
100.0
Total 18 years and over1....................
19.0
36.6
53.7
46.3
100.0
Total.
1 Estimated.
Examination of the findings of our own investigators shows that the
lowest range of wages is less uniformly distributed within an industry
than the statement of an average would suggest. For instance, in
the candy industry, with its 41 per cent of adult women receiving
less than $5 a week, a comparison of wage rates in 11 different estab
lishments shows that the lowest wages are confined to 4 factories, in 1
of which, indeed, 53.3 per cent of the employees received less than $5,
while the other 7 factories paid not one single employee of 18 or over
so low a wage. The difference between these factories in the kind
and the grade of their product can not account for the differences in
the wage scale, as both the higher and the lower wage scale prevailed
in the factories manufacturing the cheaper line of confectionery.
Similar differences between different establishments were found
in the stores and the laundries. In the stores, indeed, the large and
presumably prosperous establishments of Boston in many cases paid
a lower wage than was paid in some of the small suburban establish
ments, and lower wages than were paid in Brockton or Springfield.
Doubtless similar inequalities between different establishments would
be found to prevail in other industries. In so far as this is the case,
it is evidence that the industry will bear a higher rate of compensa
tion than some employers pay. These latter, whether because of
inefficient management or because they are making unusual profits,
are doing business at the expense of their employees.
These inequalities of wages in the same industry are evidence of
the fact to which some of the more thoughtful employers testified—
that the rate of wages depends to a large degree upon the personal
equation of the employers and upon the helplessness of their employees,
and to a very inexact degree upon the cost of labor in relation to the
cost of production.
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
23
From the foregoing tables it will be seen that a large number of
women of 18 years of age and upward are employed at very low wages;
it is indisputable that a great part of them are receiving compensation
that is inadequate to meet the necessary cost of living.
The commission was further directed to report on the advis
ability of establishing a board or boards to which shall be referred
inquiries as to the need and feasibility of fixing minimum rates of
wages for women or minors in any industry. To this part of its
duties the commission has given considerable attention. Such a
system of legislation has been in operation in the State of Victoria,
Australia, since, 1896, and in Great Britain since January, 1910.
Some form of fixing legal minimum wages is also in operation in the
other Australian States and in New Zealand.
The commission, after discussing the need of minimum-wage
legislation in Massachusetts with the reasons for and objections to
such legislation, concluded by recommending the enactment of a
minimum-wage law, for the following reasons:
1. It would promote the general welfare of the State because it
would tend to protect the women workers, and particularly the
younger women workers, from the economic distress that leads to
impaired health and inefficiency.
2. It would bring employers to a realization of their public respon
sibilities, and would result in the best adjustment of the interests of
the employment and of the women employees.
3. It would furnish to the women employees a means of obtaining
the best minimum wages that are consistent with the ongoing of the
industry without recourse to strikes or industrial disturbances. It
would be the best means of insuring industrial peace, so far as this
class of employees is concerned.
4. It would tend to prevent exploitation of helpless women and,
so far as they are concerned, to do away with sweating in our indus
tries.
5. It would diminish the parasitic character of some industries and
lessen the burden now resting on other employments.
6. It would enable the employers in any occupation to prevent
the undercutting of wages by less humane and considerate competi
tors.
7. It would stimulate employers to develop the capacity and effi
ciency of the less competent workers in order that the wages might
not be incommensurate with the services rendered.
8. It would accordingly tend to induce employers to keep to
gether their trained workers and to avoid, so far as possible, seasonal
fluctuations.
9. It would tend to heal the sense of grievance in employees, who
would become in this manner better informed as to the exigencies of
their trade, and it would enable them to interpret more intelligently
the meaning of the pay roll.
10. It would give the public assurance that these industrial abuses
have an effective and available remedy.
An investigation which preceded the enactment of the Oregon
minimum-wage law, the results of which determined the action of
24
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
the legislature, was made by the Consumers’ League of Oregon and
published in January, 1913.1
In presenting its report, the survey committee stated as the out
standing principles and facts which formed the basis of the demand
for the proposed minimum-wage legislation the following:
(1) Each industry should provide for the livelihood of the work
ers employed in it. An industry which does not do so is parasitic.
The well-being of s o c i e t y demands that wage-earning women shall
not be required to subsidize from their earnings the industry in
which they are employed.
(2) Owing to the lack of organization among women workers
and the secrecy with which their wage schedules are guarded, there
are absolutely no standards of wages among them. Their wages are
determined, for the most part, by the will of the employer without
reference to efficiency or length oi service on the part of the worker.
This condition is radically unjust.
(3) The wages paid to women workers in most occupations are
miserably inadequate to meet the cost of living at the lowest stand
ards consistent with the maintenance of the health and morals of
the workers. Nearly three-fifths of the women employed in indus
tries in Portland receive less than $10 a week, which is the minimum
weekly wage that ought to be offered to any self-supporting woman
wage earner in this city.
(4) The present conditions of labor for women in many industries
are shown by this report to be gravely detrimental to their health;
and since most women wage earners are potential mothers, the future
health of the race is menaced by these unsanitary conditions.
For these reasons your committee believes that the passage of the
proposed bill for an act creating an industrial welfare commission is
most important and we strongly recommend that the Consumers’
League urgently petition the legislature for its enactment.
The purpose of the Consumers’ League of Oregon in making its
investigation of the wages and working conditions of women, as stated
in its report, “ was to secure accurate data (1) as to the wages paid in
all lines of work to self-supporting women in this State, (2) as to the
cost of living in Portland and the smaller towns of the State, with a
view to determining whether wage-earning women are receiving a
wage that permits them to live so as to preserve their health and their
morals, and to save against future needs, (3) as to conditions which
would affect the health or morals of the workers.” * * *
1.
Cards were distributed among women workers, and when filled
out were collected by investigators. To reach workers, no distinction
was made in establishments. A list of different industries employing
women was drawn up and every house on the list visited. Over 2,000
cards were distributed; 509 were collected in Portland. Workers
were approached at lunch and closing hour and in their homes. * * *
i Report of the Social Survey Committee of the Consumers' League of Oregon on the Wages, Hours, and
Conditions of Work and Cost and Standard of Living of Women Wage Earners in Oregon with Special
Reference to Portland. Portland, Oreg., January, 1913.
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
25
2. A second method was to solicit wage schedules from employers
and to ask their views on the labor conditions of female employees
and their opinion as to the feasibility of the proposed bill.
3. A third line pursued was that of engaging to work in different
establishments, in order to obtain first-hand information as to con
ditions and to corroborate both employers’ and employees’ reports.
The investigators worked as employees in 12 factories.
4. A fourth line pursued was that (a) of visiting boarding and room
ing houses and private families who advertised room and board, in
all sections of the city, to discover the actual cost of food and lodging;
(b) of visiting department stores for the lowest and average prices on
articles of wear; (c) the director of the investigation went to southern,
western, and eastern sections of the State, visiting in all 14 towns,
organizing subcommittees to gather wage statistics and collecting in
formation herself on wages, conditions of labor, and cost of living. The
result is that information has been gained about 39 occupations
employing women, and 8,736 women workers, 7,603 of these being in
Portland, 1,133 outside.
The report shows in Portland the weekly wages of 3,217 women
employees in various occupations. These are briefly summarized in
the following table. It should be noted that in some of the occupa
tions the number of employees for whom wages are reported was
somewhat small for use in a generalization.
PE R CENT OF WOMEN WHOSE W E E K L Y WAGES WERE LESS THAN SPECIFIED
AMOUNT—PORTLAND, OREG.
Industry or occupation
Number
whose
earnings
were
reported.
Per cent whose weekly wages were—
Under
$5.
2.5
7.3
Department stores.......................................
Factories.......................................................
Hotels and restaurants................................
Laundries.....................................................
Office help (not including stenographers)..
Stenographers..............................................
Printmg trades............................................
Telephone operators....................................
Miscellaneous...............................................
2,078
427
213
140
126
85
57
52
39
5.1
Total...................................................
3,217
2.6
Under
$6.
6.6
13.6
.5
Under
$7.
Under
$8.
$8 and
over.
2.4
1.2
15.1
13.1
3.8
20.7
10.3
2.4
19.3
17.3
5.1
7.0
14.3
1.4
27.1
5.6
5.9
7.0
9.6
7.7
68.8
51.8
94.4
52.1
81.7
90.6
73.7
73.1
82.1
6.2
13.8
8.4
68.9
Outside of Portland information in regard to wages was collected
for 1,133 women wage earners in 26 towns. The data in regard to
some of the occupations are, as in the case of Portland, somewhat
meager.
26
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
WAGE INFORMATION FOR 1,133 WOMEN WAGE EARNERS IN OREGON (OUTSIDE OF
PORTLAND).
Industry.
Number
of em
ployees.
Canneries...................................
Condensed m ilk..............................
Woolen m ills....................................
Hotels and restaurants.............
Laundries...................................
Office help.................................
Retail stores...............................
Stenographers............................
Telephone operators..................
88
6
280
18
518
45
140
16
22
Total..................................
1,133
Average
monthly
wage.
$35.00
38.00
37.50
31.65
39.50
35.50
39.21
50.00
33.07
Summarizing its investigation in regard to cost of living in Port
land, the commission concluded that—
Ten dollars a week is the very least on which the average selfsupporting woman can live decently and keep herself in health in
Portland. This means a steady income of $520 per year. How this
would have to be spent were women in all cases living as they should,
is indicated by the following schedule:
Room and board, $25 per month................................................................
Clothing..............................................................................................................
Laundry bills....................................................................................................
Carfare................................................................................................................
Doctor bills.........................................................................................................
Lodge and church dues................................................................................
Recreation, including vacation...................................................................
Education and reading...................................................................................
$300
130
25
30
15
10
25
10
Total.........................................................................................................
545
If we were to omit the sum allowed for recreation, $25 a year, we
would bring the actual cost to $520 a year, or $10 a week, for bare
necessities. That a legitimate amount of recreation is a necessity to
maintain the efficiency of a worker is a theory that some persons insist
upon, but which others refuse to admit.
The material in regard to cost of living outside of Portland is based
on data secured from 101 young women in the State at large. It
showed an average cost of living of $9.82 a week, or $42.55 a month.
The details are shown in the following statement:
Average amount spent annually by 101 women wage earners in miscellaneous occupations
in Oregon {outside Portland). Information obtained from Ashland, Baker, Eugene,
Forest Grove, La Grande, Medford, Oregon City, Pendleton, Salem, and Vale:
Room and board...........................................................................................$278.62
Clothing...........................................................................................................
137.50
Laundry..........................................................................................................
16.00
Car fare............................................................................................................
21.00
Doctor and dentist......................................................................................
18.00
Church and lodge.........................................................................................
12.52
Reading...........................................................................................................
6.54
Recreation......................................................................................................
20.50
Total....................................................................................................
$9.82 a week; $42.55 a month.
510. 68
MINIMTJM-WAGE LEGISLATION---- UNITED STATES.
27
NEW YORK.
The most extensive investigation which has been made in this
country, with a definite purpose of studying the wages of women and
inquiring into the advisability of providing a means for fixing mini
mum rates by law, has recently been completed by the New York
State Factory Investigating Commission. The concluding part of
the report is still in press and is not yet available, but a paper by
Dr. Howard B. Woolston, director of the investigation, briefly sums
up the results.1
The scope of the New York investigation is defined as follows:
First. What wages are actually paid in typical industries through
out the State?
Second. Are these wages sufficient to maintain employees in simple
decency and working efficiency ?
Third. Are the industries able to increase wages upon the basis of
the earning capacity of labor ?
The investigations of the commission were limited to confectionery,
paper-box2 and shirt factories, and retail stores. In these four
branches of industry women and children were found to constitute
from 60 to 75 per cent of the working force. Information concerning
rates of pay and actual earnings, taken directly from pay rolls, was
tabulated for nearly 105,000 wage earners from 29 principal trade
centers in New York State. These numbers included from twothirds to three-fourths of all employees in the industries in question.
Of over 90,000 persons for whom weekly rates of pay were tabulated,
more than three-fifths of the males received less than $15 when
working full time, and more than three-fourths of the women and girls
less than $10 a week. In the stores half the males received less than
$14 and half the females less than $7.50. In shirt and paper-box fac
tories half the males received less than $12 and half the females less
than $6.50 a week, while in the candy factories wages fell below $11 for
half the males and below $6 for half the females. More than 7,000
female employees in the four industries (one-sixth of the total
number of women and girls) were working at rates under $5 per week.
As in other investigations of this character, the different rates paid
in factories in the same locality for identical work are strikingly
shown. One wholesale candy factory in Manhattan is mentioned,
where no male laborer and no female hand-dipper was paid as much as
$8 a week, and no female packer as much as $5.50. In another
establishment of the same class, in the same borough, every male
laborer received $8 a week or over and more than half the female
dippers and packers exceeded the rates given in the former plant.
i Wages in New York. The Survey, Feb. 6,1915, pp. 505-511.
* Third report of the Factory Investigating Commission (1914) gives the results 6f the investigation of
the confectionery and paper-box industries.
28
BULLETIN OF THE BUREAU OF LAB Oil STATISTICS.
One large department store in Manhattan paid 86 per cent of its
saleswomen $10 a week or more; another paid 86 per cent of its sales
women less than $10 a week. Apparently no well-established stand
ard of wages existed in these trades. The pay is fixed by individual
bargain and labor is worth as much as the employer agrees to pay.
The New York commission as a part of its investigation attempted
to ascertain the addition to manufacturing cost or selling price which
would result from a minimum-wage law with rates of pay fixed
according to the necessary cost of living. As the result of this inquiry,
it was estimated that by selling for $1 articles marked 98 cents or
99 cents, the total increase in wages in the department stores would
be covered without causing displacement of workers, decreasing
profits, or improving methods of business. This slight addition to
prices would secure an average weekly increase of $1.38 to 4,000
girls and $2.38 to 13,000 women (29 and 36 per cent above their
respective average earnings). In order to raise the wages of over
2,000 young women in New York candy factories from an average
of $5.75 to a minimum of $8 a week, an additional charge of 18 cents
a hundred pounds is all that would be necessary; in other words,
by raising the price of candy less than 2 mills a pound, the weekly pay
of three-fourths of the women could be raised nearly 40 per cent.1
Summing up the results of the investigation of the New York
commission in regard to wages in New York, Dr. Wools ton says:
The results of the investigation have proved conclusively that
half the workers in low-skilled lines do not receive sufficient wages to
sustain themselves independently nor to support their families
properly. Although the earning capacity of most workers is rela
tively high, the large numbers of young women who live at home
and the constant influx of immigrants with low standards of comfort
depress the rates of wages. Moreover, irregular employment entails
great loss of earnings and promotion is generally slow and uncertain
even for steady workers with years of experience.
The rates fixed by many establishments are not based upon a con
sideration of the needs or efficiency of the workers, nor upon the
capacity of the business to pay more, but upon the judgment of an
individual manager and the custom in the trade.
Because of their youth, their inexperience, and their timidity,
most workers can not individually secure advancement; because of
lack of organization they can not obtain trade agreements upon
wages. Meanwhile this situation of a great multitude of underpaid
working people has a direct bearing upon the growth of poverty,
vice, and degeneracy throughout the community. If employer
and employee will not unite to remedy conditions,-the State must act
in order to secure public welfare.
i This estimate in regard to wages in candy factories is from a statement of Dr. Woolston in the American
Economic Keview, March, 1915, p. 282.
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
29
Based upon these investigations and its study of the effect of
minimum-wage legislation already existing, the New York commission
submitted to the New York Legislature, with its recommendations, a
bill providing for the establishment of a minimum-wage commission,
modeled upon the Massachusetts act, with enforcement by publication
of the names of employers paying less than the minimum rate fixed.
The text of this bill is given at the end of this Bulletin.1
i Much similar information in regard to the wages and conditions of wage-earning women is given in the
various reports on recent investigations devoted to the subiect. Some of these reports are the following:
Connecticut.
Report of the Special Commission to Investigate the Conditions of Wage-Earning Women and
Minors in the State, 1913.
Report of the Bureau of Labor on Conditions of Wage-Earning Women and Girls, 1914.
Kentucky.
Report of the Commission to Investigate the Conditions of Working Women in Kentucky, 1911.
Michigan.
Special Investigation of Working Conditions of Women and Girls (in 30th Annual Report of Depart
ment of Labor, 1912-1913V
Missouri.
Report of the- Senate Wage Commission for Women and Children in the State of Missouri to the
Senate of the 48th General Assembly of Missouri, January, 1915.
Report on the Wage-Earning Women of Kansas City, published by the Board of Public Welfare
Bureau of Labor Statistics, 1912-1913.
There is also much information in regard terthe wages of working women in many of the recent Bulletins
of the United States Bureau of Labor Statistics, especially those in the Women ia Industry Series and in
the Wages and Hours of Labor Series.
LEGISLATION IN FORCE IN THE UNITED STATES.
With the purpose of correcting the conditions in the various States,
as indicated by the investigations just referred to and by a number of
similar studies, minimum-wage legislation has been enacted in nine
States. The laws enacted in these nine States are of three distinct
types:
(1) Where the specific minimum wage is fixed by the legislature
and embodied in the statute, as in Utah.
(2) Where the minimum wage is fixed by the administrative
authority, the minimum wage commission, upon the investigations
and recommendations of advisory wage boards made up of repre
sentatives of employers, employees, and the public, and where the
only power of enforcement, is such as results from the power of the
commission to publish the names of those employers paying less than
the minimum rate. States having laws of this type are Massachu
setts and Nebraska.
(3) Where the minimum wage is determined as in Massachusetts
and Nebraska, as above described, but where the commission is given
powers of enforcement, and a penalty of fine or imprisonment or both
is provided for in case of violation of the law by payment of rates
less than the minimum fixed. States having laws of this class are
California, Colorado, Minnesota, Oregon, Washington, and Wisconsin.
The laws of the various States have also numerous other differences,
most of them of less importance, which may best be seen in the com
parative analysis given below. The California act, it should be
pointed out, is in a somewhat different position from any of the other
laws so far as its legal validity is concerned, from the fact that in
November, 1914, a constitutional amendment was adopted granting
specific authority to the legislature to place the fixing of wage rates
for women and minors in the hands of a commission, thus removing
the subject from the field of legal controversy.
Ohio, it should be noted, in 1912 adopted a constitutional amend
ment authorizing the legislature to establish a minimum wage, the
authorization in this case extending to men as well as to women and
children. The words of the Ohio amendment are as follows:
“ Laws may be passed fixing and regulating the hours of labor,
establishing a minimum wage, and providing for the health, safety,
and general welfare of all employees, and no provision of the consti
tution shall impair or limit this power.”
30
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
31
COMPARATIVE ANALYSIS OF AMERICAN MINIMUM-WAGE
LAWS.
LAWS IN FORCE.
California: Acts of 1913, chapter 324 (May 26, 1913), in effect August 10, 1913. No
wage determination yet made.
Colorado: Acts of 1913, chapter 110 (May 14,1913). No determination yet made.
Massachusetts:
Acts of 1912, chapter 706 (June 4,1912), in effect July 1, 1913.
Acts of 1913, chapters 330 (Mar. 21, 1913) and 673 (May 19, 1913), in effect Mar.
21, and July 1, 1913. First wage determination in effect August 15,1914.
Minnesota: Acts of 1913, chapter 547 (Apr. 26, 1913), in effect June 26, 1913. Wage
orders issued in October, 1914, suspended by injunction.
Nebraska: Acts of 1913, chapter 211 (Apr. 21, 1913), in effect July 17, 1913. No
wage determination yet made.
Oregon: Acts of 1913, chapter 62 (Feb. 17, 1913), in effect June 2, 1913. First wage
determination in effect October 4,1913.
Utah: Acts of 1913, chapter 63 (Mar. 18, 1913). Wage rates in effect with the law.
Washington: Acts of 1913, chapter 174 (Mar. 24, 1913), in effect June 13, 1913. First
wage determination in effect June 27, 1914.
Wisconsin: Acts of 1913, chapter 712 (July 31, 1913), in effect August 1,1913. No
wage determination yet made.
INDUSTRIES COVERED.
California: All occupations, trades, and industries in which the wages paid to women
and minors are inadequate or the hours or conditions of labor prejudicial to health,
morals or welfare.
Colorado: All mercantile, manufacturing, laundry, hotel, restaurant, telephone, or
telegraph businesses in which the wages paid to female or minor employees are
inadequate.
Massachusetts: All occupations in which the wages paid to a substantial number of
female employees are inadequate, or in which the majority of employees are minors.
Minnesota: All occupations in which the wages paid to one-sixth or more of the women
or minor employees are less than a living wage.
Nebraska: A ll occupations in which the wages paid to a substantial number of female
employees are inadequate.
Oregon: A ll occupations in which, for any substantial number of women workers, the
hours are unreasonable, or conditions detrimental, or wages inadequate, and all
occupations in which minors are employed.
Utah: A ll regular employers of female workers.
Washington: All occupations, trades, or industries in which the wages of female
employees are inadequate or the conditions of work prejudicial to health and
morals, and all occupations in which minors are employed.
Wisconsin: All occupations in which the wages paid to any female or minor employee
are not a living wage.
EMPLOYEES TO WHOM MINIMUM WAGE MAY BE MADE APPLICABLE.
California: Women, and minors under 18 years of age.
Colorado: Female employees over 18 years of age, and minors under 18.
Massachusetts: Female employees, and minors under 18 years of age.
Minnesota: Women, and minors (males under 21 years of age and females under 18).
Nebraska: Female employees, and minors under 18 years of age.
Oregon: Women, and minors under 18 years of age.
Utah: Females only.
Washington: Women, and minors under 18 years of age.
Wisconsin: Females, and minors (under 21 years of age).
32
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
BASIS TO BE USED IN FIXING MINIMUM RATES OF WAGES.
California: A wage adequate to supply to such women and minors the necessary cost
of proper living and to maintain their health and welfare.
Colorado: A wage suitable for female employees over 18 years of age, and also a wage
suitable for minors under 18, taking into consideration the cost of living, the
financial condition of the business, and the probable effect thereon of any increase
in the minimum wage.
Massachusetts: A wage suitable for a female employee of ordinary ability, and wages
suitable for learners and apprentices, and for minors under 18 years, taking into
consideration the needs of the employees, the financial condition of the occupation,
and the probable effect thereon of any increase in the minimum wage.
Minnesota: Wages sufficient for living wages for women and minors of ordinary
ability, also minimum wages sufficient for living wages for learners and apprentices.
Nebraska: A wage suitable for a female employee of ordinary ability, and wages
suitable for learners and apprentices, and for minors under 18 years, taking into
consideration the needs of the employees, the financial condition of the occupation,
and the probable effect thereon of any increase in the minimum wage.
Oregon: A rate adequate to supply the necessary cost of living to women workers of
average ordinary ability and maintain them in health. Suitable wages for learners
and apprentices. Suitable wages for minors.
Utah: Rates are specified in law.
Washington: A wage adequate in the occupation or industry to supply women over
18 years of age the necessary cost of living and maintain them in health. Wages
suitable for minors in any occupation.
Wisconsin: A living wage, that is, a wage sufficient to enable the female or minor
employee receiving it to maintain himself or herself under conditions consistent
with his or her welfare.
PROVISION OF LAW IN REGARD TO FIXING RATES BELOW THE STANDARD MINIMUM
OR ISSUING LICENSES FOR DEFECTIVES.
California: No provision for special rates for minors or learners. Special license to
women only if physically defective by age or otherwise, renewable semiannually.
Colorado: Separate minimum rate for minors under 18. Special license for any
female over 18, physically defective.
Massachusetts: Separate minimum for minors under 18 and for learners and appren
tices. Special license for women physically defective.
Minnesota: Separate minimum for learners and apprentices. Special license for
women physically defective, but the number of such licensed persons shall not
exceed one-tenth of the whole number of workers in any establishment.
Nebraska: Separate minimum for minors under 18 and for learners and apprentices.
Special license for women physically defective.
Oregon: Separate minimum for minors and for learners and apprentices. Special
license for women physically defective or crippled by age or otherwise.
Utah: Rate for minors and for learners and apprentices specified in law. No provision
for defectives.
Washington: Separate minimum for minors. Special license for apprentices, for period
to be specified. Special license for women physically defective or crippled by age
or otherwise.
Wisconsin: Minors in an occupation which is a “ trade industry” must be indentured.
Special license commensurate with ability for women or minors unable to earn the
living wage.
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
33
COMPOSITION OF ADMINISTRATIVE AND ADVISORY BODIES WHICH FIX MINIMUM
WAGES.
California:
Administrative authority.— Industrial welfare commission, five members, at least
one to be a woman.
Advisory board.— Wage board, equal number of representatives of employers and
of employees in occupation, trade, or industry in question, with a member of the
commission as chairman.
' Colorado:
Administrative authority.— State wage board, three persons, one a representative
of labor, one an employer, at least one to be a woman. No advisory wage board.
Massachusetts:
Administrative authority.— Minimum wage commission, three persons, one of whom
may be a woman.
Advisory board.—Wage board, not less than six representatives of employers, an
equal number of representatives of female employees in the occupation, and one
or more disinterested persons representative of the public; the representatives
of the public not to exceed one-half of the number of representatives of either of
the other parties. One of the representatives of the public shall be named as
chairman.
Minnesota:
Administrative authority.— Minimum wage commission, three persons, commis
sioner of labor, one an employer of women, and one a woman, who shall act as
secretary.
Advisory board.— Not less than 3 nor more than 10 representatives of employers,
and an equal number of representatives of workers in the occupation, and one or
more disinterested persons to represent the public, not to exceed the number of
representatives of either of the other parties. One-fifth of members shall be
women, and at least one of the representatives of the public shall be a woman.
Nebraska:
Administrative authority.— Minimum wage commission, four persons, the governor,
deputy commissioner of labor, a member of the political science department of
the University of Nebraska, and one citizen of the* State. A t least one member
shall be a woman.
Advisory board.— Wage board, not less than three representatives of employers and
an equal number of representatives of female employees in the occupation, and
three representatives of the public. The chairman of the commission shall be
chairman of the wage board and the secretary of the commission its secretary.
Oregon:
Administrative authority.— Industrial welfare commission, three .persons, so far as
practicable one representative of the interests of the employing class, one repre
sentative of the interests of the employed class, and one who will be fair and
impartial between employers and employees and work for the best interests of
the public.
Advisory board.— Conference, not more than three representatives of employers,
an equal number of representatives of employees in the occupation, and not more
than three disinterested representatives of the public, and one or more commis
sioners. The chairman shall be named by the commission.
Utah:
Administrative authority.— Commissioner of immigration, labor, and statistics.
Advisory board.— None.
82843°—Bull. 167—15------3
34
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Washington:
Administrative authority.— Industrial welfare commission, five persons, commis
sioner of labor and four persons, no one of whom has at any time within five
years been a member of any manufacturers’ or employers’ association or of any
labor union.
Advisory board.— Conference, an equal number of representatives of employers
and employees in the occupation and one or more representatives of the public,
not exceeding the number of representatives of either of the other parties. A
member of the commission shall be chairman.
Wisconsin:
Administrative authority.— Industrial commission, three persons.
Advisory wage board.— Selected so as fairly to represent employers, employees, and
the public.
PROCEDURE IN FIXING MINIMUM WAGE.
California:
1. The commission shall investigate and ascertain the wages paid and the hours
and conditions of labor and employment in the various occupations, trades^
and industries in which women and minors are employed, with special
reference to the comfort, health, safety, and welfare of such employees.
2. The commission may call a conference or wage board if, after investigation, it
is of the opinion that in any occupation, trade, or industry the wages paid to
women and minors are inadequate to supply the cost of proper living, or the
hours and conditions of labor are prejudicial to the health, morals, or welfare
of the workers.
3. The wage board shall report to the commission its findings for the occupation,
trade, or industry in question, including an estimate of the minimum wage
adequate to supply to women and minors the necessary cost of proper living
and to maintain the health and welfare of such employees, the number of
hours of work per day consistent with the health and welfare of such women
and minors, and the standard conditions of labor demanded b y the health
and welfare of such women and minors.
4. The commission, upon its own motion or upon petition, shall hold a public
hearing, after public advertisement giving at least 14 days’ notice, upon the
minimum wage, the maximum hours of work, and the standard conditions of
labor for women and minors.
5. The commission may, after such public hearing, in its discretion, make a man
datory order, to be effective after 60 days, specifying the minimum wage, the
maximum hours, and the standard conditions of labor for women and minors
in the occupation in question. The labor commissioner shall mail, so far as
practicable, a copy of the order to all employers in the occupation in question.
6. The commission may, upon its own motion or upon petition, after a public
hearing held after due notice, rescind, alter, or amend any prior order.
7. Upon appeal to the court, the determination of the commission may be set aside
only upon the ground that the commission acted without or in excess of its
powers, or that the determination was procured by fraud.
Colorado:
1. The State wage board shall investigate the wages paid to female employees
above the age of 18 years, and minor employees under 18 years of age, if it
has reason to believe the wages paid any such employees are inadequate to
supply the necessary cost of living, maintain them in health, and supply the
necessary comforts of life. It shall also investigate the cost of living and
take into consideration the financial condition of the business in question
and the probable effect thereon of any increase in the minimum wage.
M IN IM U M -W A G E LEGISLATION-----UNITED STATES.
35
Colorado— Concluded.
2. The wage board shall fix the minimum wage suitable for the ferdale employees
over 18 years of age in such business or in any or all of the branches thereof,
and also a suitable minimum wage for minors under 18 years of age employed
in the same business.
3. The wage board shall give public notice by advertisement of the minimumwage determination and of a public hearing thereon, to be held in 30 days.
Notice shall also be mailed to employers in the business affected.
4. The wage board, after such public hearing or after 30 days if no public hearing
is demanded, shall issue an obligatory order, effective after 60 days, speci
fying the m in im u m wages for women and minors, or both, in the occupation
affected. The order shall be published in a newspaper in the county or
counties in which the business affected is located, and a copy of the order
shall be mailed to all employers in the business affected.
Massachusetts:
1. The commission shall investigate the wages paid to female employees in any
occupation, if it has reason to believe that the wages paid to a substantial
number of such employees are inadequate to supply the necessary cost of
living and maintain the worker in health.
2. The commission shall establish a wage board if, after an investigation, it is
of the opinion that in the occupation in question the wages paid to a sub
stantial number of female employees are inadequate to supply the neces
sary cost of living and to maintain the worker in health.
3. The wage board shall endeavor to determine the minimum wage suitable for
female employees, and also for learners and apprentices, and for minors
under 18 years of age.
4. The wage board shall report its minimum-wage determination to the commis
sion with the reasons therefor and the facts relating thereto.
5. The commission shall review the report of the wage board and may approve,
disapprove, or recommit the determinations.
6. The commission shall give a public hearing to employers paying less than the
minimum wage approved, after notice of not less than 14 days, if it approves
any or all of the determinations of the wage board.
7. The commission shall enter a decree of its findings and note the names of em
ployers not accepting the minimum, if it, after public hearing, finally ap
proves the determinations.
8. The commission shall publish in one newspaper in each county a summary
of its findings and recommendations.
9. The commission shall publish the facts as to acceptance of its recommenda
tions and may publish names of employers following or refusing to follow its
recommendations.
10. Upon appeal to the court and court review, if the court finds that in the case
of an employer compliance with the minimum-wage decree would render it
impossible for him to conduct his business at a reasonable profit, it may
issue an order restraining the commission from publishing the name of the
complainant as one who refuses to comply with the recommendations of the
commission.
Minnesota:
1. The commission at its discretion may investigate, and at the request of 100
employees shall investigate forthwith, the wages paid to women and minors.
Action of the commission mandatory under certain circumstances.
2. The commission shall forthwith proceed to establish minimum rates if, after
investigation of any occupation, it is of the opinion that the wages paid to
one-sixth or more of the women and minors are less than living wages (suffi
cient to maintain the worker in health and supply him with the necessary
comforts and conditions of reasonable life).
36
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Minnesota— Concluded.
3. The commission shall determine the minimum wages sufficient for living
wages for women and minors and for learners and apprentices.
4. The commission shall issue an order, effective after 30 days, making the wages
determined the minimum wages.
5. A copy of the order shall be mailed to each employer affected and the original
filed with the commissioner of labor.
Action of the commission discretionary.
2. The commission may at its discretion establish an advisory board in any
occupation.
3. The advisory board shall recommend to the commission an estimate of the
minimum wages sufficient for living wages for women and minors of ordinary
ability, and an estimate of the minimum wages sufficient for living wages
for learners and apprentices.
4. The commission shall review these estimates, and if it approves them shall
issue an order, effective after 30 days, making the wages determined the mini
mum wages.
5. A copy of the commission’s order shall be mailed, so far as practicable, to all
employers affected, and the original filed with the commissioner of labor.
6. The commission must, at the request of approximately one-fourth of the em
ployers or employees in an occupation, reconsider the rate established. The
commission may also reconsider rates on its own initiative.
Nebraska:
1. The commission shall investigate the wages paid to female employees in any
occupation, if it has reason to believe wages paid to a substantial number
of such employees are inadequate to supply the necessary cost of living
and to maintain the worker in health.
2. The commission shall establish a wage board if, after investigation, it is of
the opinion that in the occupation in question the wages paid to a substan
tial number of female employees are inadequate to supply the necessary
cost of living and to maintain the worker in health.
3. The wage board shall endeavor to determine the minimum wage suitable for
female employees, and also for learners and apprentices, and for minors
under 18 years of age.
4. The wage board shall report its minim unwage determination to the commis
sion with the reasons therefor and the facts relating thereto.
5. The commission shall review the report of the wage board and report its re
view to the governor.
6. The commission shall give a public hearing to employers paying less than the
minimum wage approved, after 30 days’ notice, if it approves any or all of
the determinations of the wage board.
7. The commission shall enter a decree of its findings and note the names of
employers not accepting the minimum wage, if after public hearing it
finally approves the determination.
8. The commission shall publish in one newspaper in each county, within 30
days, a summary of its findings, with the names of employers not accepting
the minimum wage and the minimum wages paid b y such employers.
9. The commission may, on petition of employers or employees, reconvene a
wage board or establish a new one.
10. Upon appeal to the court and court review, if the court finds that in the case
of an employer compliance with the minimum-wage decree would be
likely to endanger the prosperity of the business to which it is applicable,
an order shall issue from the court revoking the decree.
M IN IM U M -W A G E LEGISLATION— UNITED STATES,
37
Oregon:
1. The commission shall investigate and ascertain the wages, hours of labor, and
conditions of labor of women and minors.
2. The commission shall convene a conference1 on the subject investigated,
if after investigation it is of the opinion that any substantial number of
women workers in any occupation are working for unreasonably long hours
or are working under surroundings or conditions detrimental to their health
or morals or are receiving wages inadequate to supply them with the neces
sary cost of living and maintain them in health.
3. The conference shall consider and inquire into and report on the subject sub
mitted to it by the commission; the commission shall present to the confer
ence all information and evidence in its possession or under its control which
relates to the subject and any witnesses whose testimony it deems material.
4. The conference shall make recommendations to the commission concerning
the occupation under inquiry on: (a) Standards of hours of employment for
women workers and what are unreasonably long hours of employment for
women workers; (6) standards of conditions of labor for women workers and
what surroundings or conditions—sanitary or otherwise— are detrimental to
the health or morals of women workers; (c) standards of minimum wages for
women workers and what wages are inadequate to supply the necessary cost
of living to women workers and maintain them in health; also, when it
appears proper or necessary, suitable minimum wages for learners and
apprentices and the maximum length of time any woman worker may be
kept at such wages as a learner or apprentice, which wages shall be less
than the regular minimum wages for the regular women workers in the
occupation.
5. The commission shall consider and review the recommendations of the con
ference and may approve or disapprove any or all of them and may resubmit
any of the subjects to the same or to a new conference.
6. The commission shall hold a public hearing concerning any of the recom
mendations which it approves, after notice published not less than once a
week for four successive weeks in not less than two newspapers.
7. The commission shall issue an order, effective after 60 days, to give effect to
the recommendations, to be mailed, so far as practicable, to all employers
affected.
Washington:
1. The commission shall ascertain the wages and conditions of labor of women
and minors.
2. The commission shall call a conference,1 if, after investigation, it finds that
in any occupation, trade, or industry, the wages paid female employees are
inadequate to supply them necessary cost of living and to maintain the
workers in health or that the conditions of labor are prejudicial to the health
or morals of the workers.
3%The conference shall consider and recommend to the commission the minimum wage adequate in the occupation or industry in question to supply
the necessary cost of living, and maintain the workers in health and the
standards of conditions of labor demanded for the health and morals of the
employees.
4. The commission shall review the recommendations of the conference and may
approve or disapprove any or all of them and may resubmit any of the sub
jects to the same or to a new conference.
* Same as a wage board in other States.
38
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Washington— Concluded.
5. The commission, after approval, shall issue an obligatory order, effective after
60 days, or, if circumstances are unusual, after a longer period, specifying
the minimum wage and the standard conditions of labor. The commission
shall mail, so far as is practicable, a copy of its order to all employers affected.
When the minimum wage is fixed, it shall not be changed for one year.
6. Appeal may be made to court, but on questions of law only.
Wisconsin:
1. The commission may, upon its own initiative, and shall upon complaint, inves
tigate and determine whether there is reasonable cause to believe that the
wages paid to any female or minor employee is not a living wage (sufficient
to enable the employee receiving it to maintain himself or herself under
conditions consistent with his or her welfare).
2. The commission shall appoint an advisory wage board to assist in its investi
gations and determinations if, upon investigation, it finds reasonable cause
to believe that the wages paid to any female or minor employee are not a
living wage.
3. The commission, with the assistance of the advisory wage board, shall investi
gate and determine the minimum living wage for all female and minor
employees within the same class, as established by the classification of the
commission.
ENFORCEMENT OP THE LAW.
California:
Upon complaint of underpayment of any person, the commission shall investi
gate and take proceedings to enforce payment.
Underpayment a misdemeanor, punishable by fine of not less than $50, or by
imprisonment of not less than 30 days, or by both fine and imprisonment.
Underpaid employee may recover unpaid balance.
Colorado:
Justices of the peace to have jurisdiction in case of violation of act.
Violation of act or orders a misdemeanor, punishable by fine not to exceed $100,
or imprisonment not to exceed 3 months, or by both fine and imprisonment.
Underpaid employee may recover balance due.
Massachusetts: Commission to determine whether employers obey decrees. Names
of underpaying employers to be published in newspapers.
Minnesota:
Commission to enforce provisions of act.
Violation of act or orders a misdemeanor, punishable by fine of from $10 to $50,
or by imprisonment of from 10 to 60 days. Underpaid employee may recover.
Nebraska: Commission to determine whether employers obey decrees. Names of
underpaying employers to be published in newspapers.
Oregon: Commissioner of the bureau of labor statistics to enforce rulings.1 Viola
tion of orders punishable by fine of from $25 to $100, or by imprisonment of from
10 days to 3 months, or by both fine and imprisonment. Underpaid employee
may recover.
Utah: Commissioner of immigration, labor, and statistics to enforce act. Underpay
ment a misdemeanor.
Washington: Commission to investigate complaint and take proceedings. Violation
of order or act a misdemeanor, punishable by fine of $25 to $100. Underpaid
employee may recover.
Wisconsin: Commission to investigate complaints and take proceedings. Violation
of act or order punishable by a fine of not less than $10 nor more than $100.
1See page 66.
OPERATION OF AMERICAN M IN IM U M -W A G E LA W S.
As has already been noted, the period since any of the minimumwage determinations came into force is too brief to permit, at the
present time, the formation of any judgment as to the ultimate effect
of the laws, either upon the industry or upon employment therein.
The immediate result of wage determinations is not necessarily indic
ative of what the later effect may be. It is likely that employers,
when they find themselves compelled to increase the wages of the
lowest-paid workers, will endeavor to provide for some system of
training which will result in an increase of efficiency sufficient to
balance the increased rates of pay. In other ways it is probable that
the industries and the employees will find means to adapt themselves
to the conditions created by the new requirements of the laws.
While the brief period during which any minimum-wage determi
nations have been in effect thus limits the value of the conclusions
which may be drawn from a study of the operation of the laws, yet
the great benefit expected in the case of the worker, on the one hand,
and the serious disturbance to the industry which was predicted, on
the other hand, warrants a careful study of any material which will
throw light on the real effects, however far such material may fall
short of covering the whole subject. It has seemed desirable, there
fore, to present rather fully whatever information is available showing
the operations of any of the American minimum-wage laws. It
should be pointed out that the most of this material is taken from
the official reports, and that such conclusions as are stated are the
conclusions of the authority charged with the administration of the
law.
CALIFORNIA.
The minimum-wage law in California is administered by the indus
trial welfare commission. While the commission was organized in
October, 1913, the work of investigating was not begun until the end
of February, 1914.
Since its organization the commission has been actively engaged
in making investigations as a preliminary step to the appointment of
wage boards and the fixing of minimum-wage rates. The commis
sion reports that its investigations have been considerably hampered
and delayed by the public interest in and the discussion of a constitu
tional amendment proposed by a resolution of the State legislature
of 1913, to be submitted to a vote of the people on November 3, 1914.
As there was some active opposition to the passage of the amend
ment, the investigations of the commission were in consequence
39
40
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
delayed until after the results of the election could be known. The
amendment was carried by a majority of over 84,000 votes. It is as
follows:
S e c t io n 17£. The legislature may, by appropriate legislation, provide for the estab
lishment of a minimum wage for women and minors and may provide for the comfort,
health, safety, and general welfare of any and all employees. No provision of this con
stitution shall be construed as a limitation upon the authority of the legislature to
confer upon any commission now or hereafter created such power and authority as
the legislature may deem requisite to carry out the provisions of this section.
COLORADO.
Although the Colorado act came into effect August 12, 1913, the
board was not appointed until March 23, 1914. Then, through delay
in securing a permanent executive officer, the board did not begin
the study of local wage conditions until August 1, 1914. Data
secured after that date forms the basis of the First Report of the
State Wage Board of Colorado, for the biennial period ending Novem
ber 30, 1914. Because of this delay in taking up its work, the board
notes the fact that the data presented are somewhat fragmentary
and incomplete.
The board’s report shows that it has secured wage data from
employers of women in department stores, 5, 10, and 15 cent stores,
bakeries, binderies, factories, and laundries. Such data were par
tially checked by statements from the women themselves. The
results showed that of the 3,524 employees included, 23 per cent
received less than $6 per week, and 54 per cent less than $8. Data
were also secured in regard to telephone operatives. The board
made no extensive investigations of cost of living, but reports that
such facts as it has been able to secure lead to the conclusion that
“ the cost of living in Denver is no less than in any other cities where,
after extensive investigation, it has been found that no woman can
secure the necessities of decent living for less than $8 a week.”
In regard to certain changes desirable in the law, the report of the
board contains the following recommendation:
From our experience it is evident that additional legislation is
required in order to make efficient the present statute, limiting and
denning more clearly the powers and duties of the board. In the
fixing of a minimum wage m a particular industry or group of indus
tries, adequate provision should be made for those who really know
most about the case to be represented on the determining body. In
other words, the wage board should be given power to call together
a voluntary subordinate committee. It, for example, the laundry
business is under consideration, this subordinate committee should
be made to represent men in the laundry business and people employed
in laundries—those who best know the needs of their particular occuand, besides these, a certain number from the public at
}>ation—
arge. This committee should be authorized to report its findings to
the wage board, which is bound to take them into consideration in
fixing the minimum wage.
M IN IM U M -W A G E LEGISLATION— UNITED STATES.
41
MASSACHUSETTS.
The minimum-wage law in Massachusetts came into effect July 1,
1913. The report of the commission upon the first six months of its
work1 stated that investigations had been made into the wages of
women employees in three industries, the brush-making industry,2 the
corset industry,3 and the confectionery industry,4 and had been begun
in other industries. These industries were chosen on account of the
large proportion of women workers among the employees and the
low wages indicated by information obtained. In the brush and
corset industries the study was extended to include every establish
ment within the State employing women. Later the commission
took up the investigation of the wages of women in laundries,5 and
is now engaged upon a study of the wages of women employed in
department and other retail stores.
Throughout these investigations substantially the same method
has been followed. In the investigation of women in department
and other retail stores, which is now being carried on, the United
States Bureau of Labor Statistics and the Commission on Industrial
Relations are cooperating with the minimum wage commission in a
study of the amount and causes of unemployment or lost time in the
same stores and among the same employees as are the subject of
study by the minimum wage commission.
The method of the commission provided for securing the fullest
possible information in regard to earnings as well as rates of wages.
Transcripts of the pay rolls for the preceding 52 weeks for all female
employees were taken, and for a large number personal data regarding
age, birthplace, family and living conditions were also obtained. In
addition a study was made of the processes in which women were
engaged. The commission reported that its investigation showed
that a considerable number of women workers were receiving wages
inadequate to supply them with the necessaries of life. Almost ex
actly two-thirds of the brush workers for whom records were available
received an average wage of less than $6 per week. A smaller propor
tion of corset workers, 35.5 per cent, received less than $6 a week.
The commission was somewhat hampered by the defective records
of employers, especially those in regard to time. Certain manufac
turers made the statement that “ Not only do a large number of
employees work for only part time, but also that failure to work for
full time is due not to lack of work in the factory but to choice on the
part of the workers.” An amendment to the law, requiring the
1 First Annual Report of the Minimum Wage Commission of Massachusetts for the six months ending
Dec. 31,1913. Boston, 1914.
2 Minimum Wage Commission Bulletin No. 1, January, 1914. Wages of Women in the Brush Factories
in Massachusetts.
* Ibid., No. 2, January, 1914. Wages of Women in the Corset Factories in Massachusetts.
* Ibid., No. 4, October, 1914. Wages of Women in the Candy Factories in Massachusetts.
6Ibid., No. 5, October, 1914. Wages of Women in the Laundries in Massachusetts.
42
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
keeping of time books, is expected to lessen the difficulties of the
commission.
The conclusions of the commission upon its study of the brushmaking industry have been summarized as follows in one of its
reports:1
1. The industry is a small one. It is apparently not growing in
Massachusetts. According to the Thirteenth Census 8,258 persons
were engaged in brush making in the United States. Of these, only
1,810 persons were employed in Massachusetts, which, however, is
exceeded only by New York in number of persons employed, capital
invested, and value of output. It is a business of rather small estab
lishments, although three of the Massachusetts plants are consid
erably larger than most of their competitors in this country or abroad.
Most of the Massachusetts workers are women. Elsewnere appar
ently the percentage of men is higher. New York, Ohio, Pennsylva
nia, New Jersey, Rhode Island, Maryland, and Illinois appear to be
the chief American competitors of Massachusetts, and there is some
competition from abroad, especially in low-grade brushes. Tariff
protection has been somewhat reduced. The processes are rather
numerous, and those in which women are employed require dexterity
rather than strength. They are varied and are fully described in the
bulletins referred to. Much of the work is monotonous rather than
difficult. Machines are used to a rather limited extent, and machine
operators require a period of from three months to a year before at
taining maximum s k U I. For a few weeks learners represent no profit,
and, in a few cases, loss. Subcontracting exists in some factories.
2. Wages are low everywhere. There is reason to suspect that
this fact is a handicap to the industry. It adds to the difficulty of
procuring a regular supply of efficient labor, and, in emphasizing the
possibility of depending ior profit upon low labor costs, lessens the
mcentive to the adoption of the most efficient business methods for
reducing the cost of production. Such general tendencies of low
wages are probably accentuated in an industry like brush making
which “ but recently graduated from the household and remains
largely a handicraft.”
3. Wages in Massachusetts are so low that a large majority of the
female employees earn less than the guarded definition of a proper
wage suggested by the statute. Two-thirds of the whole number of
women employed earn less than $6 a week.
The commission is aware that such a statement is not the whole
story. To form an intelligent judgment one must know how many
hours were worked to produce the earnings in question, and, in the
many cases where the time is less than a full week, why no more hours
were worked.
It is frequently said by employers in this and other industries that
rates are adequate to produce more than a mere living wage, with a
suggestion that the meager earnings of the many are due to the choice
of the workers themselves. But when one considers how desper
ately many of these young women need money, the fact that so over
whelming a majority do not earn what by any reasonable computa
i M inimum Wage Commission Bulletin No. 3, August 15,1914. Statement and Decree Concerning the
Wages of Women in the Brush Industry in Massachusetts.
M IN IM U M -W A G E LEGISLATION— UNITED STATES.
43
tion could be called a living wage makes the explanation seem uncon
vincing. In a few cases the fallacy is obvious. A piece rate is fixed
which permits a few exceptional workers to make fairly high earn
ings by the exercise of a degree of skill and application which an
ordinary girl can not approach. Looked at from the point of view
of the workers, the remedy in these cases is also obvious. In a much
larger number of cases the difficulty is found in the fact that the
worker does not or can not work the full time. Where the cause of
this condition rests with the voluntary action of the girl, not super
induced by some physical or mental condition fairly chargeable to the
employment, it may perhaps be disregarded in an inquiry of this
character. Where, however, the part time is chargeable to the in
dustry, either for reasons like those suggested or because under the
organization of the industry work can not be supplied to the worker
sufficient to keep her employed full time, it is a factor that can not be
overlooked by a body charged with the duty of fixing minimum rates
adequate for the purposes named in the statute. The question of
short time seems to the commission, perhaps, the greatest single diffi
culty in connection with the wage situation in this and other Massa
chusetts industries. It was the subject of careful consideration by
the wage board in reaching its determination, and more will be said
of it in connection with the conclusions of the commission.
4. The investigation showed marked difference of wages between
Massachusetts establishments. As in other industries it was found
that smaller establishments frequently paid better wages than some
of their larger and presumably more powerful competitors; and it was
shown again that it is wholly possible for an establishment to exist
and prosper in competition with others doing business under the same
market conditions but enjoying the real or supposed advantage of
lower wages for like processes. This is a factor of importance in de
termining the weight to be given to the matter of interstate com
petition.
5. The investigation convinced the commission that “ the Wages
paid to a substantial number of female employees in the brush-making
industry were inadequate to supply the necessary cost of living and
maintain the worker in health.’’
It therefore became its duty to establish a wage board for the in
dustry (St. 1912, ch. 706, sec. 4). Nominations were invited from
employers and employees, and six representatives of each were ac
cepted. Three persons were named by the commission to represent
the public. One of the latter, Mr. Robert G. Valentine, was designated
to be chairman. The board so constituted met for organization on
December 12, 1913, and began its deliberations. The commission
transmitted to the wage board the information in its possession and
adopted the following rules for its guidance:
Rules of Procedure for the Brush Makers* Wage Board.
Name.— This board shall be known under the title of the brush makers’ wage board.
1. Organization.— The chairman and secretary shall be appointed by the minimum
wage commission.
2. Term of office.— The term of office of the brush makers’ wage board shall be three
years. Any representative of employers who becomes a worker at the trade shall
vacate his seat. Any representative of workers who becomes an employer shall also
vacate his seat. The question of fact shall in each case be determined by the commis
sion. The commission may remove any member of the board who shall unreasonably
fail to attend the meetings of the board, or who shall otherwise display unfitness for
44
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
service thereupon. Vacancies shall be filled in such manner as the commission may
designate.
3. Voting.— Each member shall have one vote. If, in the opinion of the chairman,
the question upon which a vote is to be taken is one of permanent importance, in order
that the vote may be, so far as possible, an expression of the opinion of the whole board,
the secretary shall obtain the vote of an absent member with his opinion in writing.
4. Powers, duties, and procedure.— The board shall examine the material submitted
by the commission. It shall consider the question: What is the sum required a week
to maintain in frugal but decent conditions of living, a self-supporting woman em
ployed in a brush-making establishment?
It is the opinion of the commission that the absolute essentials of such decent con
ditions of living are (a) respectable lodging; ( b) three meals a day; (c) suitable cloth
ing; (d) some provision for recreation, self-improvement and care of health.
It shall consider the condition of the industry and effect thereon of any increase
in the minimum wages paid. The board shall then endeavor to determine, as directed
by statute (chapter 706, Acts of 1912), the minimum wage suitable for a female em
ployee of ordinary ability in the occupation in question, or for any or all of the branches
thereof, and also suitable minimum wages for learners and apprentices, and for minors
below the age of eighteen years.
5. Meetings.— The board shall meet for organization upon a date fixed by the com
mission, ana may adjourn its deliberations from time to time at its discretion. It
shall be appropriate that the initial meetings be of such character as may afford op
portunity for the establishment of personal acquaintance and friendly understanding
among the members necessary for carrying out the purpose of the board.
6. Additicmal infarrnation.— The board may call upon the commission for further
investigation, or may request the commission to invite any designated person or per
sons to confer with the board. All proceedings of the board shall be governed by the
chairman, subject to the approval of a majority of the board. Any employer or
employee who desires to make a communication to the board concerning facts per
taining to the industry shall be given an opportunity to be heard.
7. Rates o f wages.—^The board shall determine minimum time rates for persons of
ordinary ability such as will yield in the course of a normal week the amounts deter
mined by the board, under the provisions of section 4, to be a suitable minimum wage.
An employer who employs persons on piece rates shall be deemed to pay wages at
less than the determined minimum rate unless he can show that the piece rates of
wages paid yield, under the actual normal conditions of employment to an ordinary
worker, at least the same amount of money as the minimum time rate.
The board shall also make such special regulations for learners, apprentices and
partly incapacitated workers as it shall deem expedient.
8. Interpretation of rules.— Any question upon the construction or interpretation of
these regulations shall, in the event of dispute, be referred to the commission for
decision.
9. Report of determinations.— When a majority of the members of the wage board
shall agree upon minimum-wage determinations they shall report such determinations
to the commission^ together with the reasons therefor and the facts relating thereto,
and recommendations for the adjusting of the piecework schedules in the separate
establishments to the minimum rate.
10. Revision of rules.— These rules are subject to revision by the commission.
The wage board for the brush industry made a preliminary report
of its investigations and work on March 17, 1914, This report is of
special interest as indicating the principles by which the majority of
the board was guided in reaching its determinations, and in slightly
condensed form is reproduced from Bulletin No. 3 of the minimum
wage commission already referred to.
Preliminary Report {Condensed) of the Massachusetts Brush Makers9 Wage Board, March
17, 1914.
S e c t io n I. —
The needs of employees.
As laid down by the minimum wage commission, the absolute
essentials of decent self-support are:
(а) Respectable lodging.
(б) Three meals a day.
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
45
(c) Suitable clothing.
(d) Some provision for recreation, self-improvement, and care of
health.
In attempting to determine a sum adequate for these purposes for
a self-supporting woman employed in a brush-making establishment,
the wage boara has attempted to apply to present Massachusetts
conditions the deductions to be drawn from the mass of statistical
material which has been gathered upon this subject. It has made
the same kind of inquiry which any individual seeking food, shelter,
and lodging is daily making.
Lodging at the lowest level of decency can not be found in Boston
for less than $1.50 per week. A minimum cost for food is at least $3
a week. If one has the courage to go little beyond keeping warm
and dry, it can not be done for less than $45 a year, or 87 cents a week.
For the preservation of health, average expenditures of $8.75 per
year, or 17 cents a week, seem an irreduciole minimum. Car fare
requires at least 60 cents a week. The total budget so built up is:
Per week.
Lodging........................................................... .................$1.50
Food................................................................................. 3.00
Clothing..........*......................................................................87
Carfare........................................................................ .
.60
Other..................................................................................... 17
Total........................................................................ 6.14
This figure assumes ideal conditions, and is purely theoretical. It
allows nothing for laundry, for reading other than in public libraries,
for recreation, for church, for savings, or for insurance of any kind.
At least these items must be added:
Per week.
Laundry............................................................................$0.20
Church................................................................................... 10
Newspapers (Sunday and every other day)................................... 08
Vacation (one week per year at $10).............................................19
Picture show (once in two weeks)................................................05
Theater (once in two months at 25 cents)......................................04
Clothing (an addition of $25 per year).......................................... 48
Food................................................................................. .50
Extras connected with lodging.................................................... 50
Total........................................................................ 2.14
The lowest total for human conditions for an individual in Boston
is thus seen to be $8.28. This amount is lower than that of $8.71,
tentatively arrived at by the board early in its proceedings. It makes
no allowance for savings or insurance, and is not, therefore, a true
living wage. Allowing for variations between individuals, the wage
board is convinced that the sum required to keep alive and in health
a completely self-supporting woman in Boston is in no case less than
$8, and in many cases may rise to $9 or more.
S e c t io n I I .—Group
methods of living.
Should group methods of living modify this finding from an indus
trial point of view? The possible methods are:
(a) Life in families.
(b) Life in broken families.
(c) Endowed lodging houses.
(d) Women rooming together.
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BULLETIN OF THE BUBEAU OF LABOR STATISTICS.
We can not hide in our thinking behind the almost universal lack
of family accounting. The majority of people who live with others
do not know what their living costs them. In determining the cost
of self-support for a woman living with her family, allowance must
be made for her share of rent, furniture, light, heat, the mother’s
labor at a fair wage, and the other items shared by all persons in the
family. The difference between her expenses and those of the woman
living independently is less than is generally supposed. The personal
items are the same in each case.
Nor should it be overlooked that the woman living alone is the
only person directly involved if her income falls below the mini
mum line. If a family income falls below, all members of the family
are directly involved. The risk is greater. The margin of safety
also should be greater in the case of the family. * * *
This situation is emphasized where the case is that of a broken
family group. To these people a minimum wage from an indi
vidual point of view is far below the minimum from a family point
of view.
Where girls room together there may be some saving in room rent.
In no other item is there any substantial saving, and there is often
an increase of fatigue which overbalances any possible money
economy.
S e c t io n I I I .— Subsidies
to industry.
If an industry can not pay for the human endeavor it uses, it is
time to ask the effect of such an industry upon public welfare. Who,
if anybody, is paying the sum it does not pay toward making up the
amount needed to prevent bodily and mental deterioration? The
difference between what is necessary and what the industry pays
can come only from one of four sources:
(a) Direct charity.
(&) A direct subsidy to the worker through State aid.
(c) An indirect subsidy from industries which do pay living wage.
This is the situation where a worker who receives less than her
subsistence costs is partly supported by other workers in the family.
The employer of such partially subsidized women and children gets
a double advantage over a self-supporting trade. He gets energy
derived from food for which his wages do not pay, and he subtracts
from the workers of the self-supporting trade energy for which the
income derived from them properly should pay. Such an industry
is parasitic in its relations to the self-supporting trades about it.
id) An indirect subsidy taken from the physical and mental
capacity of the worker herself.
Where the difference is not made up in money in some one of the
ways mentioned, it can only be taken from the health or strength of
the worker. Such a process drains the vital strength of the nation,
and as a matter of self-protection as well as of humanity can not be
permitted by society.
S e c t io n I V . —
Effects on financial conditions of industry.
The wage board has tried to answer the question whether the
fixing of a minimum wage will increase or decrease the amount of
annually renewing income out of which wages, salaries, interest, and
profits are made properly possible. It might be held that it was the
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
47
duty of the board to accept the fact that the State has established a
minimum-wage procedure and go ahead and fix a rate. But putting
a rate into effect is more important than making it. The question
is clearly a practical one, and businesslike methods must be used.
It is the belief of the board that the added wages which would
come to workers through the application of a minimum wage would
be a permanent and real addition because of their wealth-creating
power, and would be of advantage to employer, employee, and the
public.
The minimum wage does not abolish competition for employment
or the freedom of the employer’s choice. It transfers the emphasis
from price to value. The employer is compelled to raise the level
of efficiency of his people so as to get the best possible return from
fixed conditions. The aggregate efficiency of a nation’s business is
promoted by insuring that the workpeople employed will be those
most efficient, and those unemployed will be almost exclusively
the least efficient. By barring an obvious but, from a broad
point of view, most undesirable fcrm of relief from the pressure of
competition, the minimum wage compels the adoption of methods
of lowering costs of production whicn lead to the elimination of
waste and increase of productivity. It puts a premium on business
skill, tends to the elimination of the incompetent employer, and
stimulates the selection for the nation’s business of the most efficient
workmen, the best equipped employers, and the most advantageous
form of industry.
The results of such experience as there has been in England and
elsewhere show that wage boards bring about better organization
and better feeling in industry. Employers who pay fair rates have
learned that they have as much to gain as employees. As yet
there has been no diversion of trade through increased costs of pro
duction or of the increase of foreign competition to the extent feared
by employers at the outset. The intensive study of conditions
made by the board has revealed faults of organization and sug
gested remedies, and the boards tend more and more to aid in set
tling disputes outside their particular field and to make efficient and
valuable the reserve of casual labor upon which industry must
depend in rush times. They also promote technical education. It
is notable, in England especially, that initial difficulties thought
insurmountable have been overcome, and that the movement ad
vances steadily. * * *
The wage board believes (1) that an industry which does not pay
living wages to every one of its employees is getting something for
nothing, which is not good business; and (2) that any worker not
returning to the industry in efficient work the full equivalent of his
wages is getting something for nothing, which is not good business.
Its problem is to set a minimum wage which will secure to the
worker from the industry a living chance at the lowest level of
decent living, and to set that minimum wage in a manner which will
secure to the industry a sure return in wort for the wages paid.
S e c t io n V . — The
brush industry in Massachusetts.
The information transmitted to the wage board by the minimum
wage commission indicates that the industry is not increasing in Massa
chusetts. It is strongly controlled by competition with other States
48
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
and countries and with prison-made goods. Prices of finished product
can not be raised immediately to cover an increase in wages. A
Massachusetts manufacturer has no particular advantage in purchas
ing raw materials. Under these circumstances, manufacturers have
felt that they were compelled to depend upon cheap labor to make
their enterprises successful. The industry has sought to lower its
costs by employing many women at low wages.
In some aspects the industry is moving in a vicious circle. Compe
tition has made it feel that its chief method of making profit was in
employing low-wage labor. Low pay has been one o f the causes,
apparently, which lias made it difficult to get an adequate supply of
regular workers. Higher wages at the lowest level might well assist
in meeting competition by increasing and regularizing the labor supply
for the industry.
It is noteworthy that in many highly competitive businesses
employers have voluntarily established minimum wages far in
advance of their sharpest competitors, and no case is on record of
their failure to prosper. It is impossible to draw positive conclusions
from the testimony as yet available, but the wage board believes
that more weight nas been given to a low pay roll than should be
given it even under highly competitive conditions, and that a higher
pay roll with increase of efficiency and increased regularity of work
would undoubtedly be beneficial.
Because the brush industry is to-day standing still or declining, is
honeycombed by custom with irregularity of employment, is small in
aggregate size, and is peculiarly affected by certain competitive con
ditions, the wage board believes that it is not in condition to pay as
high a minimum wage or to bring it as near the actual cost of living
as many other industries in the State. It does believe that the estab
lishment of a reasonable minimum will tend to put new life into the
industry.
The wage board feels that if it could find some way for insuring
greater regularity of work the industry could well afford to pay very
considerably higher wages. The wage board has attempted to meet
this need in the form o f its tentative findings.
S e c t io n V I .—
The capacity of the worker to earn the minimum.
The wage board is of the opinion that the minimum wage could be
framed in such form as to create a strong tendency to increase the
efficiency of the workers in the industry. An increase in the efficiency
of the worker must be provided for by two lines of improvement, as
follows:
1. By increase in efficiency of business management. In the brush
industry there are notable examples of wide-awake methods. There
is, however, as in all other industries, continuing opportunity to make
improvement in the other factors of production as well as in the labor
factor.
2. By improvements in the efficiency of the workers themselves.
The undesirable lowness of earnings depends not so much on the
low wages themselves as on the methods of reckoning and paying
them. In methods of remuneration there are many things which are
burdens both to employer and employee, and employers often make
employees suffer overmuch from their own lack ox management.
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
49
The board feels that the piece rates now in existence in the brush
industry are, speaking generally, such rates in themselves and fixed
in such a manner as to give the best returns neither to employers nor
to employees, and that where a large number of employees are on day
pay the concern suffers even more than in piece-rate work from lack
of adequate production. The information before the board makes it
clear that the piece rates in the industry are fixed on the basis of
custom and market-time rates in the industry. This fact—taken
together with the fact that information before the board shows that
modern methods of cost accounting are substantially absent from the
industry—reveals much room for improvement. The board does not
urge on the industry elaborate methods of cost accounting; but it
does urge, in the interests of both employers and employed, better
methods than now exist.
When the employer or his rate setter sets a piece rate he does not
in the first instance think of the piece; he thinks of the lot of, say,
100 pieces. He makes a calculation as to how long it ought to take
to do the lot—say five hours.
He next takes into consideration the grade of labor that is to do
the work and the expectancy of wages (earnings) of that grade of
employee for that length of time (say $0.15 an hour; $1.50 a day of
10 hours), which will make them require $0.75 for the lot in order to
“ make wages.” Finally, he divides that $0.75 price for the lot by
the number of pieces in the lot and sets a piece rate accordingly—in
this assumed case, three-fourths of a cent apiece. In other words, a
piece rate always has a day-wage basis; and, although the employer
may never speak of a standard time for doing the work, nevertheless
he plans a time which for him is actually a standard time until il is
changed.
Piece rate is in reality a most delicate form of adjustment of wages.
It is balanced on the fulcrum of the assumed necessary time. If a
mistake has been made about that time so that it tips one way, the
employer suffers in accelerated proportion (and presently corrects his
error by cutting the rate); or if it tips the other way the employee
suffers in an accelerated proportion and can not “ make wages.”
In the findings of this report the board recommends that wherever
piece rates yield less than time rates, grade for grade, the time rate
fixed as the minimum wage must be paid. Under the plan advo
cated by the board, the employer may discharge and will discharge
the low-performance and high-cost workers if ne thinks it is their
fault that the performance is low. But if he knows that it is by
reason of his own mismanagement, such as delay in furnishing mate
rial, defective machinery, and the like, he will not do so, because he
knows he can not get better workers. He will brace up his manage
ment. He is held in check in the exercise of his judgment automat
ically by the reasons stated above. If the findings should go into
effect in full force at once, the employer might discharge the low-performance, high-cost workers on a considerable scale and employ
other more efficient workers at higher wages in their places. To give
the employee opportunity to meet the standard, the findings of the
board contain a recommendation that the minimum wage go into
effect gradually, by a series of advances. Under these circumstances
82843°— Bull. 167— 15------- 4
50
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
these employees will eat better, live better, and will soon become as
efficient as any the employer might get in their places.
In other words, this plan creates, if given time to produce its proper
effect, its own source of wage payments, partly by the improvement
of the workers on their side when better paid, and partly by the im
provements of methods on the side of the employer himself. * * *
We now pass to the proposed application to the61short-time ’ ’ unem
ployment evil in its larger aspects of delays in the flow of business,
from week to week and month to month, and to the question of vol
untary irregular attendance on the part of the workers themselves.
Of course the employer will lay his workers off during slack time if
he thinks it necessary, and he must be the judge of the necessity.
But he will not do so unless really necessary because of the risk of
not getting them back again when he wants them. * * *
If an employer should by reason of lack of employment lay off a
good many under this rule, it would be a good thing for the workers
so laid off in the long run. They will look for employment elsewhere
and through spur of necessity will find it; and that would be better
than to be dangled along half employed and half living and so, too
inert to venture anything, buoyed up by hope of full time soon—a
hope that often can not be realized. That it is much better for
workers in a part-time industry, getting low earnings largely because
they are chronically in a state of half unemployment, to be laid off
and have complete unemployment and so be forced to better their
condition, was thoroughly demonstrated in the report of the investiof the hand-loom weavers early in the nineteenth century in
f ation
Ingland.
The application of the minimum wage to the evil of low earnings
by reason of short time is a cure for the evil, whether it arises from
lack of continuity and volume of employment offered—unemploy
ment proper—or whether it arises from voluntary irregularity of
attendance upon employment which is offered. In neither case, of
course, is the employer compelled to keep employees and pay them
the minimum wage; he is only required to pay the minimum wage
if he keeps them; and it is obvious that so far as excessive unem
ployment is voluntary on the part of the workers, that will straight
way come to an end. The employer will of course strengthen his
discipline and discharge excessively irregular workers. That, too,
will be an unquestionable gain to the workers as a class in the long
run. Voluntary unemployment, so far as it exists beyond the neces
sities of the workers, can be either only from lack of ambition on the
part of the worker because of the low wages or slack discipline on
the part of the management. * * *
An employer offers and an employee accepts a piece rate on the
basis of the fundamental expectancy on both sides as to the time
necessary to do the lot of a certain number of pieces. The earnings
per day under piece rate vary inversely with the time actually taken
to do the lot or lots. When the expected necessary time is exceeded
(and daily earnings are consequently low) it may be either by the
fault of the employer or by the fault of the employee. It is not good
public policy that the employee should be allowed to gamble on her
earnings as to how low they may go under piece rate.
An employer offers and an employee accepts a rate per hour for
time wage on the basis of the fundamental expectancy on both
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
51
sides as to the normal hours per week of employment. The earnings
per week under time wage vary directly with the hours of employ
ment actually furnished and performed. When the hours of time
payable in any week fall below the expected normal hours, it may be
either by fault of the employer in not furnishing employment or by
the fault of the employee in not accepting it. ft is not good public
policy that an industry should be habitually short time to the extent
of falling below the expectancy of normal hours of employment per
week and that employees should gamble on how low their earnings
may go per week, either by reason of lack of regularity of work fur
nished or by reason of their own excessive voluntary casual attendance
upon work.
The board has felt that it was natural to approach the subject
from the standpoint of weekly, monthly, and annual continuous
average expenditure. While daily and weekly expenditures by
employees vary, the principal items of such expenditures, such as
board and lodging, continue pretty uniform, regardless of employ
ment or labor conditions.
On the other hand, it has been borne in mind that the manufac
turer has to deal with the wage problem from a cost standpoint, and
therefore must try to make the wage fit the work within small periods
of time.
The first duty of this board is to strike clearly and decisively at
the fundamental root of the evil which it is tne intention of the
minimum-wage legislation to correct. Any minimum-wage finding
which stops with merely naming a minimum hourly rate looks well
on paper, out accomplishes no actual result beyond a somewhat pale
moral effect. No person can live wisely who tries to plan out his life
on anything less than a weekly basis. The goal to aim at is a yearly
basis. At the present time, however, an attempt to compel even a
minimum weekly wage payable each week without regard to the
average earnings over a larger period would be an undue burden on
many manufacturers.
The proposed system makes it possible to leave out entirely the
question of time in many piece-rate industries which have not as
yet time-keeping systems. It will also tend to eliminate many prac
tical problems over which the State will find it difficult to maintain
equitable control.
It should be further noted that under a system of computation
confined to each week, the actual minimum over any period of time
paid to any employee who frequently exceeded in his earnings the
minimum rate would compel from the employer a minimum wage
exceeding the amount nominally set, and would thus go further than
the law intends. It should be borne in mind that a minimum wage
is not properly a wage at all, but a retaining fee for labor; its object
is, in other words, to see to it that every employee is in such physical
and mental condition that he is in good shape to earn a wage.
We have endeavored to make our findings so easy of execution
that a minimum of oversight to secure enforcement will be needed.
The rate set by this board, it should be remembered, distinctly
relates to the brush industry, its location and its conditions of em
ployment.
52
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
First findings.1
Rule I .— That a minimum salary by 10-week periods be combined with an hourly
time-rate or piece-rate system of pay, and workers shall receive each week after 10
weeks of employment, and as long as they are on the pay roll, not less than that
minimum salary less proportionate deductions according to the hourly rate for volun
tary absence. This minimum salary shall be computed as follows: Each weekly
pay day the minimum weekly rate set b y this board shall be multiplied by 10, and if
the total earnings of the employee during the 10-week period immediately preceding
each weekly pay day do not equal that amount the difference shall be paid to her
each week.
Rule I I .— The minimum weekly rate set by the board governs the hourly rate that
may be deducted under Rule I for voluntary absence.
Rule I I I .— Substandard or handicapped workers may be given permits to work
for less than the minimum at the discretion of the board.
Rule IV .— These rates and rules shall apply to all occupations in the industry.
Rule V.— The weekly minimum salary to be paid in accordance with the pro
visions of Rule I shall be $7.75.
Rule VI.— No one shall be carried as a learner or apprentice for more than one year.
The rate of pay for learners or apprentices shall be 65 per cent of the standard for the
first six months and 85 per cent of the standard for the second six months.
Rule VII.— Rule I is not to apply to home work. Piece rates in home work shall
be not less than the piece rates in the factory for the same work.
On June 12, 1914, a final report was adopted and submitted to
the commission. The determinations of the wage board were as
follows:
Determinations.
1. The rate to go into effect at once shall be 15J cents an hour. A t the end of a
gear’s time the rate shall automatically become 18 cents an hour unless in the mean
time the representatives of the manufacturers have brought such evidence before
the board as to justify the board in recommending to the minimum wage commission
a lower rate than an 18-cent rate.
2. The rate for learners and apprentices shall be 65 per cent of the minimum for
one year, and the period of apprenticeship shall not be more than one year.
3. These findings shall apply to all minors.
4. The previous report of the brush makers’ wage board shall be submitted to the
minimum wage commission as the board’s idea of the general direction that minimumwage findings should take.
5. In the case of pieceworkers, if in any case the piece rate yields less than the
hourly minimum for time workers, that same hourly minimum must be paid.
To this report the commission gave its tentative approval on June
13, and gave notice to all employers of a public hearing on June 29,
1914. The hearing wak well attended, and the only objections made
by representatives of employers were dealt with.
The Conclusions of the Commission.
1.
The determination of a minimum rate for the ensuing year of
15i cents per hour met with no objection from employers at the
hearing, and the commission has not been advised otherwise of ob
jection to it. It is substantially a matter of agreement between the
parties interested, and is approved by the commission.
This determination is perhaps the principal matter now before the
commission. It might perhaps be dismissed with no further com
ment. It seems, however, that one or two observations may be
proper as indicating the point of view of the commission in making
its finding of approval.
1 The final determinations and recommendations of the board are incorporated in the commission’s
statement, p. 10.
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
53
Assuming an average week of 50 hours and regular employment,
this rate wul yield earnings of $7.75. This is substantially below the
sum agreed upon unanimously by the wage board as the lowest upon
which a woman can live properly under the existing conditions. It
is, however, substantially higher than the rates now m force for many
divisions of the industry. As the wage board points out, its business
and that of the commission is to fix a low limit for wages in this
industry. It makes no effort to fix actual wage rates except to say
that no wage for any worker should be lower than that agreed upon.
What rates for various processes actually shall be above that limit is
left to the parties concerned to be fixed with reference to the character
of the work, the skill of the worker, and the other considerations
affecting the problem.
The commission in approving this rate as a minimum is moved
thereto by the agreement of the parties and by the fact that it is
charged with putting into operation a new principle affecting Massa
chusetts industry. It believes the principle wise and businesslike,
but it recognizes that it is one by which this industry is not affected
in other States. The statute (sec. 8) and the rules adopted by the
commission (Rule II) make the wage board a continuing body. It
may be reconvened whenever conditions require, and its continued
existence should be an educative and steadying force of great value
to the industry. It is wholly possible to correct any error which de
velops after the present decree shall have had a fair trial. For that
reason the commission, while realizing that the needs of the workers
as agreed upon by all parties justify a higher minimum, and that the
evidence presented to the wage board and to the commission that
the industry is not able to pay higher wages and continue to exist in
reasonable prosperity is inconclusive and unsatisfying, feels warranted
in giving its approval to the rate of 15J cents per hour to take effect
as of August 15,1914, and to continue for one year. The matter may
then be the subject of such action as the situation then existing may
warrant.
In making this finding the commission has not overlooked the
language with which the wage board’s determinations of 15J cents
is accompanied. The commission is of opinion that 18 cents per
hour is, under the conditions attending this industry, a sum not more
than adequate to supply the necessary cost of living and maintain the
worker in health. I t is further of opinion that the requirement of
section 5 of the statute—that the board and commission shall “ take
into consideration * * * the financial condition of the industry
and the probable effect thereon of any increase in the minimum wages
paid” —necessarily imposes upon the employers the burden of commg
forward with the evidence that a rate which satisfies the first-men
tioned requirement should not be approved because of its effect on
the financial condition of the industry. The need of the girl is a
factor easily determined within narrow limits. The financial con
dition of the industry is a matter peculiarly within the knowledge of
employers, and without exercising a degree of inquisitorial power
which would be pleasing neither to it nor to employers the com
mission has not been shown, nor does it see how it intelligently can
determine, how far its decree should be affected by the condition of
the industry other than by depending upon employers to come
forward with the facts relating thereto.
54
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
In the present instance, aside from certain general statements as
to business conditions in the industry, the commission has been pre
sented with little information tending to show that the industry can
not pay the 18-cent rate suggested as proper at the end of a suitable
period for readjustment and preparation. It has asked for such
information.
Should it not be presented, the commission, as at present advised, is
of opinion that a rate of 18 cents or its equivalent, figured upon a
weekly basis, would require its favorable consideration. That bridge,
however, need not now be crossed. In approving the rate of 15J
cents the commission meets the case before it, but it feels that it
should express its opinion as to the general policy involved in the
problem. Attention is called to the discussion of the principles
involved in fixing minimum wages with reference to this industry
contained in the report of the wage board (Appendix No. 1). In
particular, the plan described upon pages 28 and 29 seemed to present
features which merit the careful consideration of employers.
In this connection the commission is of opinion that employers
should give their best thought to the problem of eliminating the great
irregularity of employment and reducing the striking amount of part
time which marks the industry. The business is not one necessarily
seasonal in character. Nor does it seem to present any difficulty in
this respect that enlightened business thought should not solve. In
the judgment of the commission great advantage would result to the
industry as a whole, and to the workers engaged in it, if such read
justment could be brought about that those whom the industry does
employ should be given regular and full-time employment; ana when
such, employment lias been provided at rates wnicn in full time are
adequate, employers should insist that those who remain in the in
dustry take full advantage of its opportunities.
2. The rate for learners and apprentices is fixed at 65 per cent of the
minimum, and the time of apprenticeship limited to one year. No
objection to this determination has been offered by anyone engaged
in the industry. It was the judgment of a competent tribunal, and
we see no reason to interfere with it. It is therefore approved.
3. Pieceworkers are to be paid at such rates as to put them, so far
as their minimum earnings are concerned, on the same basis as the
time workers. No doubt many will exceed the minimum. To this
determination also no objection was made by any persons engaged
in the industry. It is therefore approved.
4. To the determination that the finding shall apply to all minors,
objection was made by one employer which requires notice. Before
dealing with the objection it should be said that no question is made
as to persons between the ages of 18 and 21.
It is said, however, that the determination if approved would make
impossible the employment of children between 14 and 18 during
school vacations, and the objection is put upon the ground that public
requires that opportunity for such employment be left open,
?olicy
'o the general proposition the commission is prepared to give its
assent. It does not, however, seem to the commission that in the
present case the objection is well founded. The provision made for
the employment o f learners and apprentices appears sufficient to
take care of any legitimate need m this connection, and it does
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
55
not seem wise to encourage an abnormal increase in force during
the summer months by use of this class of labor in an industry which
now suffers greatly from the evil of part-time employment during
large portions of the year. Furthermore, the commission has re
quested, but has not been furnished, information indicating to what
extent the present determination would have the effect suggested by
the objectors, and we do not feel that it is wise, without more definite
evidence, to disturb the determination of the wage board in this
respect. The following decree therefore may be entered:
Decree .
The Minimum Wage Commission of the Commonwealth of Massachusetts, having
before it the report of the brush makers’ wage board, after public hearing thereupon
held June 29,1914, and for the reasons set forth in its opinion of even date, in accord
ance with Statutes of 1912, chapter 706, section 6, makes the following decree:
1. The lowest time wage paid to any experienced female employee in the brush
industry shall be 15£ cents an hour.
2. The rate for learners and apprentices shall be 65 per cent of the minimum, and
the period of apprenticeship shall not be more than one year.
3. These findings shall apply also to all minors.
4. If in any case a piece rate yields less than the minimum time rate, persons
employed under such rate shall be paid at least 15J cents an hour.
5. This decree shall take effect on August 15,1914, and shall remain in effect until
altered by the commission.
MINNESOTA.
The commission in January, 1914, established three wage boards, a
mercantile board and a manufacturing board for Minneapolis and St.
Paul, and a board covering both industries for Duluth. The Twin
Cities mercantile board was composed of 10 representatives of
employers, 10 representatives of employees, and 5 representatives
of the public. Two of the representatives of employees were working
girls, 5 having been originally appointed but 3 declining to serve.
The Twin Cities manufacturing board was composed of 6 representa
tives of employers, 6 of employees, and 5 representatives of the
public. One of the representatives of the employees was a working
girl. The Duluth board was composed of 30 members, about half of
the employers being merchants and half manufacturers.
The advisory wage board for mercantile industries, upon taking up
its duties, submitted certain questions in regard to the' meaning and
application of the law to the attorney general for his opinion. The
questions of the advisory board and the replies of the attorney general
were as follows:
Whereas it is not entirely clear what powers and duties the commission or ourselves
as an advisory board have or by what methods we shall proceed in the matter of
fixing a living wage, and it is advisable, in order that time may be saved and we
may do our work speedily and to the best advantage, that we be advised upon those
matters at once; now, therefore, be it
Resolved, That we request the commission to submit the following questions to the
attorney general for his answer in writing so that we may have them before us for our
guidance in our work.
56
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
1. Must not the commission fix a minimum wage in the ‘ ‘ occupation ” for the entire
State at one time? It is claimed by some that the action of the commission must be
with reference to and for the entire State, though in fixing the actual minimum it may
vary the minimum in different parts of the State; but though the minimum may differ
in various parts of the State they must all be fixed at the same time and as part of the
same investigation and proceeding.— Answer. No.
In other words, can the commission investigate the minimum wage in any “ occu
pation ” and act upon it within a district less in extent than the entire State?— Answer.
Yes.
(In regard to the first two questions asked: ‘ ‘ Must not the commission fix a minimum
wage in the 4occupation ’ for the entire State at one time? ” In other words, 4‘Can the
commission investigate the minimum wage in any £occupation ’ and act upon it
within a district less in extent than the entire State?” These questions were taken
up in conference by the attorney general and the six assistants, and it was the unani
mous opinion of the department that the acts of the commission must be State wide
and it must be all done at one time.)
2. Section 5 provides that the commission shall establish a minimum rate of wages
for an “ occupation” after careful investigation. The commission is of opinion the
wages paid to one-sixth or more of the women or minors employed therein are less than
living wages. Can the commission fix a minimum wage unless upon such investiga
tion they find that at least one-sixth of the women or minors employed in the “ occu
pation ” within the State are receiving less than living wages?— Answer. No.
Must they find that one-sixth or more of the women are receiving less than living
wages before they can fix minimum wages for women, and that one-sixth or more of
the minors employed in the “ occupation ” throughout the State are receiving less than
living wages before they can fix the minimum wage for minors?— Answer. No.
Or, can they consider women and minors as belonging to the same class and fix
minimum wages for each if they find one-sixth of the aggregate number of women and
minors are receiving less than living wages?— Answer. Yes.
Must the commission fix a minimum for both women and minors in the ‘ *occupation”
if they fix a minimum for either? Can the minimum fixed for women differ in amount
from that fixed for minors in the same “ occupation ” and if so, on what basis must the
difference be fixed?— Answer. Yes; respective cost of living of the two.
Can the commission fix a different minimum for male and female minors in the
same “ occupation” ?— Answer. No.
3. What is an apprentice or learner? (This question is answered by par. 6 of sec.
20 of the act itself.) B y what rule shall the commission determine what is an appren
tice and what is a learner? (See above answer.)
Must the minimum for apprentices be the same as for ordinary workers?— Answer.
Yes. (See par. 7, sec. 20, of the law.) If not, on what basis must the commission fix the
minimum for apprentices if the cost of living is to determine the wage?
4. Must the commission make the minimum apply to all classes without regard to
the necessity of the class or of the individual in the class?— Answer. That depends
upon facts and applies to all as defined in paragraph 8, section 20, of the law.
B y what rule, if any, is the commission to determine what is necessary to maintain
the worker in health, and what are the necessary comforts and conditions of reasonable
life?— Answer. This is by ascertaining the minimum cost of living.
Can the minimum wage be varied or fixed, having in mind the ability of the
employer to pay the wage, and having in mind the necessity of the employee to
contribute to the support of a family or others dependent?— Answer. The attorney
general concluded the commission had nothing to do with this matter.
Must not the wage be fixed solely with reference to the actual needs of the employee
of ordinary ability for a decent livelihood for the employee alone, without allowing
anything to enable the employee to contribute to the support of a dependent, and with
M INIM UM-W AGE LEGISLATION---- UNITED STATES.
57
out allowing anything for education or amusement or for clothing or housing beyond
that which will afford a minimum of comfort and amusement? (See subdivision 1,
par. 1, sec. 20, of the law.)
Can the commission in fixing a minimum wage allow anything off or in reduction
because of the advantages, educational or otherwise, which the employee gets from the
particular employment?—Answer. Probably not.
5. In case the commission should promulgate a wage rate which was unsatisfactory
to some employer or employers, could the employer so objecting be compelled to
comply?—Answer. Yes; I think that the mere fact that the rate was not satisfactory
to some employer would not excuse him from complying.
Would a rate fixed by the commission in the manner provided by the Minnesota
minimum wage statute be enforceable?—Answer. Yes.
May we not expect that the court would hold it unenforceable? -Answer. No; the
right to rule upon this is left for the courts.
Additional questions.
1. The first point is, Can a minimum wage per week be divided into half time, time
by the day, or time by the hour?—Answer. I think “ yes.”
2. Can an employer offset against a minimum wage the value of instruction given
to an apprentice or learner?—Answer. No.
3. When a business is so conducted that the branches of an ordinary trade are exer
cised within the business plant, does the minimum wage in that business control all
employees, or does the minimum wage apply in the occupations which are grouped
together in such business?—Answer. To the group.
Preliminary investigations of wages, cost and manner of living, and
amount of time lost during the year had been made by the commission.
The wage boards, however, decided that further investigation was
desirable, and subcommittees were appointed for this purpose.
Schedules were drawn up and sent out to employers. Schedules to
be filled out by individual employees were also sent to employers, to be
distributed by them to the employees. The final recommendations
of the wage boards were as follows:
Mercantile board, $8.65 per week.
Manufacturing board, $8.75 per week.
Duluth board, $8.50 per week.
After the receipt of the reports of the wage boards the commission
held two public hearings. Its determinations, based upon the rec
ommendations of the wage boards and its public hearings, caused it
to reject the figures recommended and to fix rates for two classes of
cities. In cities of the first class, the Twin Cities, the minimum
wage was fixed at $9 a week in mercantile and at $8.75 in manufac
turing; in cities of the second, third, and fourth classes, as Duluth and
Winona, the minimum for mercantile occupations was fixed at $8.50
and in manufacturing at $8.25 per week. In smaller communities
the minimum was fixed at $8 a week for both mercantile and manu
facturing occupations. All of the determinations were issued October
23, 1914, to become effective 30 days thereafter. According to a
statement of the commission on the day the wage orders were to have
become effective, an injunction was issued by the Ramsey County
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BULLETIN OP THE BUREAU OF LABOR STATISTICS.
District Court restraining the commission from enforcing the wage
orders or performing any official acts. The case is now ponding before
the State supreme court.
The wage orders of the Minnesota commission as issued are given
below:
O r d e r N o . 1, O c t o b e r 23 , 1914.
T a k e N o t i c e . —That pursuant to the authority in it vested by chapter 547, General
Laws of Minnesota for 1913, and being of the opinion that the wages paid to more than
one-sixth of the women employed in each of the occupations hereinafter named in the
State of Minnesota are less than living wages, and having made due investigation
and having determined the minimum wages sufficient for living wages for women and
minors of ordinary ability to be nine dollars ($9) per weelc, in any mercantile, office,
waitress, or hairdressing occupation, in any city of the first class in the State of
Minnesota.
Now therefore it is ordered that:
No employer, whether an individual, a partnership or a corporation, shall employ
any woman or minor of ordinary ability in anv mercantile, office, waitress or hair
dressing occupation, in any city of the first class in the State of Minnesota, at a weekly
wage rate of less than nine dollars ($9).
This order does not apply to learners and apprentices.
This order shall become effective thirty (30) days from and after the date hereof.
Each employer affected by the above order shall post at least one copy of said order
in a conspicuous place in each workroom in which affected workers are employed in
his establishment or work place.
O rder
No. 2, .O c t o b e r 23, 1914.
No employer, whether an individual, a partnership or a corporation, shall employ
any woman or minor of ordinary ability m any mercantile, office, waitress or hair
dressing occupation, in any city of the second, third and fourth class in the State of
Minnesota, at a weekly wage rate of less than eight dollars and fifty cents ($8.50).
T h is order does n o t a p p ly to learners an d ap p ren tices.
This order shall become effective thirty (30) days from and after the date hereof.
O rder
No. 3,
O cto b e r
23, 1914.
No employer, whether an individual, a partnership or a corporation, shall employ
any woman or minor of ordinary ability m any mercantile, office, waitress or hair
dressing occupation, in the State of Minnesota, outside of cities of the first, second,
third and fourth classes, at a weekly wage rate of less than eight dollars ($8).
This order does not apply to learners and apprentices.
This order shall become effective thirty (30) days from and after the date hereof.
O r d e r , No.
4,
O cto b e r
23, 1914.
No employer, whether an individual, a partnership or a corporation, shall employ
any woman or minor of ordinary ability in any manufacturing, mechanical, telephone,
telegraph, laundry, dyeing, dry-cleaning,lunch-room,restaurant or hotel occupation,
in any city of the first class in the State of Minnesota, at a weekly wage rate of less than
eight dollars and seventy-five cents ($8.75).
This order does not appjy to learners and apprentices.
This order shall become effective thirty (30) days from and after the date hereof.
O rder
No. 5,
O cto b e r
23, 1914.
No employer, whether an individual, a partnership or a corporation, shall employ
any woman or minor of ordinary ability in any manufacturing, mechanical telephone,
telegraph, laundry, dyeing, dry-cleaning, lunch-room, restaurant or hotel occupation,
in any city of the second, third and fourth class in the State of Minnesota, at a weekly
wage rate of less than eight dollars and twenty-five cents ($8.25).
This order does not apply to learners and apprentices.
This order shall become effective thirty (30) days from and after the date hereof.
MINIM UM -W AGE LEGISLATION---- UNITED STATES.
O rd e r N o.
6,
O cto b e r
59
23, 1914.
No employer, whether an individual a partnership or a corporation, shall employ
any woman or minor of ordinary ability in any manufacturing, mechanical, telephone,
telegraph, laundry, dyeing, dry-cleaning, lunch-room, restaurant or hotel occupation,
in the State of Minnesota, outside of cities of the first, second, third and fourth classes,
at a weekly wage rate of less than eight dollars ($8).
This order does not apply to learners and apprentices.
This order shall become effective thirty (30) days from and after the date hereof.
NEBRASKA.
While Nebraska enacted a minimum-wage law in 1913, to become
effective July 17 of that year, no appropriation was made for carry
ing out the purposes of the act. In consequence, no real work has
yet been done. The matter is reported as again under discussion
before the legislature, with the real application of the act dependent
upon action by that body.
OREGON.
The first biennial report of the Oregon Industrial Welfare Com
mission,1submitted January 1, 1915, gives an account of the work of
the commission from June 3, 1913, the date when the law came into
effect. Prior to that date the commissioners had been named and
thus were able to meet and organize on June 4. The report does
not discuss the problems with which the commission had to deal in
endeavoring to put the law into operation nor the effects which have
resulted from the enforcement of its orders. The report is here given
substantially in full.
The commission began immediately to formulate plans for gather
ing information on the wages, hours, and general conditions of women
and minor workers before it called formal conferences. Informal
hearings were held with employers and employees from the retail
store, manufacturing, fruit canning, laundry, restaurant, telephone,
and telegraph industries. In all, 16 such hearings have been held.
Besides these hearings, special data not ascertainable at the hearings
were gathered by the secretary.
The first important decision which the commission made was to
regulate the wages and hours of minor girls before regulating those
of adults. As the commission is empowered (ch. 62, sec. 11, General
Laws of 1913) to make rulings on minors without recommendations
from a formal conference, a public hearing on the minimum wages
and maximum hours for girls between the ages of 16 and 18 years was
held in the office of the commission on August 5, 1913. The ques
tions submitted by the commission at this hearing were:
1. What are the maximum hours per day which girls between the ages of 16 and
18 years should be employed?
2. What is the latest hour at night at which girls between the ages of 16 and 18
years should be employed?
3. What should be the minimum wage for girls between the ages of 16 and 18 years?
i First Biennial Report of the Industrial Welfare Commission of the State of Oregon, 1913-14. Salem,
1915. 15 pages.
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
60
The rulings which the commission issued as a result of the hear
ing are known as Industrial Welfare Commission Order 1.
I. W. C.
O rder
No. 1, A u g u s t 5, 1913.
G entlem en :
T a k e N o t i c e . —That pursuant to the authority in it vested by the general laws of
the State of Oregon (Laws 1913, ch. 62, pp. 92-99), and in accordance with the deter
mination by it to-day duly made and rendered:
The Industrial Welfare Commission of the State of Oregon hereby orders that:
1. No girl under the age of 18 years shall be employed in any manufacturing or mer
cantile establishment, millinery, dressmaking, or hairdressing shop, laundry, hotel
or restaurant, telephone or telegraph establishment, or office in the State of Oregon
more than 8 hours and 20 minutes during any one day or more than 50 hours in any
one week.
2. No girl under the age of 18 shall be employed in any one of the above-named
occupations after the hour of 6 o’clock p.m.
3. A minimum wage of $1 a day shall be established for girls between the ages of
16 and 18 years, working in the above-mentioned occupations, except as otherwise
arranged by the commission in the cases of apprentices and learners.1
Said order shall become effective from ana after October 4,1913.
After such order is effective, it shall be unlawful for any employer in the State of
Oregon affected thereby to fail to observe and comply therewith, and any person who
violates said order shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punished b y a fine of not less than $25 nor more than $100, or by imrisonment in the county jail for not less than 10 days nor more than 3 months, or by
oth such fine and imprisonment, in the discretion of the court.
E d w in V. O ’ H a r a , Chairman,
E
B e rth a M oores,
A m e d e e M . S m it h ,
Industrial Welfare Commission o f the State of Oregon.
Attest:
C a r o lin e
J. G l e a s o n ,
Secretary.
Notice.—Your attention is respectfully called to section 9 of chapter 62, General
Laws of Oregon, 1913, which provides that every employer affected by this order shall
keep a copy posted in a conspicuous place in each room in his establishment in which
women workers work.
Meanwhile, as a result of the informal hearings, the commission
had called two formal conferences, one on the employment of women
in manufacturing establishments in Portland, the other on the
employment of women in retail stores in Portland. The conference
on factories held its first meeting on July 22, 1913. The members
of this conference were:
Representing the public.—Mr. W. B. Ayer, Mr. Chas. McGonigle, Mrs. Elmer B. Col
well.
Representing the employees.—Mrs. N. A. Fallman, Miss Anna Bolda, Mrs. L. Gee.
Representing the employers.—Mr. J. W. Vogan, of the Modem Confectionery Co.;
Mr. Everett Ames, of the Ames, Harris, Neville Bag Co.; Mr. A. T. Huggins, of the
Fleishner & Mayer Co.
The commission submitted the following questions to this confer
ence for consideration:
(1) What is the sum required a week to maintain a self-supporting woman in frugal
but decent conditions of living in Portland? The absolutely essential elements of
such decent conditions are: (a) Respectable lodging; (6) three meals a day; (c) cloth
ing according to the standard demanded by the position such employee fills; (d)
some provisions for recreation, care of health, and self-improvement.
(2) What are the maximum daily hours of work in manufacturing establishments
which are consistent with the health and efficiency of the women employees?
(3) What length of lunch period is demanded by the hygienic needs of women
workers in factories?
1 See order of Aug. 31,1914.
M INIM UM -W AGE LEGISLATION---- UNITED STATES.
61
The recommendations received from this conference, which were
presented for a public hearing, follow:
Recommendations of the Conference on Factories in Portland.
In establishing a minimum wage for women workers in factories, consideration
should be given to the character of the occupation and to the permanence of the em
ployment; consequently each industry should be considered by itself. It is apparent,
however, that there must be a minimum below which it is unwise for society as a
whole to permit its workers to be employed.
In the establishment of such a minimum, general in its application, consideration
must also be given to industry as it exists and care must be taken that injustice is not
inflicted in an effort to remedy abuses that have long existed.
With a full realization, of the importance and far-reaching influence of our decision,
we recommend:
“ First. That the daily hours of work be limited to nine hours a day or 54 hours
a week.
“ Second. A standard minimum of $8.64 a week in manufacturing establishments
of Portland, any lesser amount being inadequate to supply the necessary cost of living
to women workers and to maintain them in health.
“ Third. That the length of the lunch period be not less than three-quarters of an
hour.
“ The above recommendations are intended to apply to the regular women workers
and do not cover the minimum wages for learners and apprentices. Conditions of
occupation and the time required to become proficient are so varied in different
industries that we recommend that the commission itself gather information covering
all occupations and submit all such information and evidence to a conference created
for the purpose of considering same. Satisfied that such course is the only satisfac
tory method of arriving at an equitable settlement of the period for learners and
apprentices we make no specific recommendation covering industries assigned to us
for consideration, but do recommend that the minimum wage for such learners and
apprentices in manufacturing establishments of Portland be fixed at $1 a day.”
A public hearing was held on these recommendations in the Port
land rublic Library, on September 9, 1913, at 8. p. m. The rulings
of the commission on the wages and hours of adult women em
ployees, paid by the time rate of payment, in the factories in Port
land, are as follows:
I . W . C . O r d e r N o . 2, S e p t e m b e r
10, 1913.
No person, firm, corporation, or association owning or operating any manufacturing
establishment in the city of Portland, Oreg., shall employ any woman in said estab
lishment for more than 9 hours a day, or 54 hours a week; or fix, allow, or permit for
any woman employee in said establishment a noon lunch period of less than 45 min
utes in length; or employ any experienced adult woman worker, paid by time rates
of payment, in said establishment at a weekly wage of less than $8.64, any lesser
amount being hereby declared inadequate to supply the necessary cost of living to
such women factory workers, and to maintain tnem in health.
Said order shall become effective from and after November 10, 1913.
The mercantile conference held its first meeting on July 21, 1913.
The members of this conference were:
Representing the public.— Mr. T. D. Honeyman, Mrs. Henry R . Talbot, Miss Ruth
Catlin.
Representing the employees.— Miss Helen Dinneen, Miss Gladys Rogers, Mrs. J. W .
Mackey.
Representing the employers.—Mr. I. N. Lipman, Mr. Thos. Roberts, sr., Mr. Wm.
Woodard.
The following questions were submitted to the conference:
(1)
What is the sum required per week to maintain in frugal but decent conditions
of living a self-supporting woman employed in a mercantile establishment in Port
land? The absolutely essential elements of such decent conditions of living are:
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
(a) respectable lodging; (b) three meals a day; (c) clothing according to the standard
demanded by position such employee fills; (d) some provisions for recreation, selfimprovement, and care of health.
(2) What are maximum hours of work in mercantile establishments consistent with
the health and efficiency of women employees?
(3) Is the employment of women at nightwork in mercantile establishments rea
sonable and consistent with their welfare?
On August 20, 1913, the conference sent the following recommenda
tions to the commission:
Report of the Conference on the Wages, Hours, and Conditions of Work of Women in Mercantile Estab
lishments in Portland.
To the Industrial Welfare Commission o f the State o f Oregon:
The members of the mercantile conference called by the commission for the purpose
of deciding what is the minimum cost of decent, frugal living, wT
hat should be the
maximum hours of a day’s work for adult female clerks employed in mercantile estab
lishments in Portland, and whether nightwork in such establishments is reasonable
and consistent with their welfare, wish to report to the commission that they have seri
ously considered the above questions and wish to make the following recommendar
tions to the commission:
(1) That a minimum wage of $9.25 a week be established for adult women clerks
who are not apprentices, in the mercantile stores of Portland.
(2) That the maximum hours of work for one day be fixed at 8 hours and 20 minutes,
and for one week at 50 hours.
(3) That 6 o'clock p. m. be fixed as the latest hour at which any woman shall be
employed on any day of the year in a mercantile establishment, since any later hour
is inconsistent and unreasonable with the welfare of women workers.
A public hearing on these recommendations was held on Sep
tember 23, 1913, at 8 p. m., in the Portland Public Library. After
considering the information presented, the commission issued the
following rulings:
I.
W.
C. O r d e r N o .
3,
S e p te m b e r
23, 1913.
No person, firm, or corporation owning or conducting any mercantile establishment
in the city of Portland, Oreg., shall pay to any experienced adult woman worker a
wage less than $9.25 a week. Nor shall any such person, firm, or corporation owning
or conducting any mercantile establishment in the city of Portland, Oreg., employ
any woman worker in such mercantile establishment more than 8 hours and 20 minutes
in any day, and 50 hours in any week, or after the hour of 6 o’clock in the afternoon
of any day.
Said order shall become effective from and after November 23, 1913.
On September 3 a conference on the wages and hours of women
employees in offices in Portland was organized. This conference was
composed of Mrs. W. L. Brewster, Mr. Fred Strong, Mr. Wm. A.
Marshall, representing the public; Miss Ethel Winn, Miss Edna Carmody, Miss Irene Armstrong, representing the employees; Mr. Frank
lin T. Griffith, Mr. J. B. Kerr, Mr. A. J. Wellman, representing the
employers.
The following questions were considered by them:
1. What sum is necessary to supply a decent and healthful subsistence to a selfsupporting adult woman engaged in office work in the State of Oregon?
2. What is the maximum number of hours that such a woman may be so employed
without injury to her health?
The conference answered these questions by recommending: First,
that a minimum wage of $40 a month be paid to adult experienced
women engaged in office work; second, that 51 hours a week be the
maximum number of hours which a woman engaged in office work
M INIM UM-W AGE LEGISLATION---- UNITED STATES.
63
might be employed. There was no recommendation for maximum
dauy hours.
The public hearing on these recommendations was held December
2, 1913, in the Portland Public Library at 8 p. m. The commission
then issued the following rulings:
I.
W.
C. O r d e r
No. 4 ,
D e c e m b e r 3 , 1913.
1. No person, firm, corporation, or association shall employ any experienced,
adult woman in any office, or at office work, in the city of Portland for more than 51
hours in any week, nor at a wage rate of less than $40 a month.
2. The following classes of work are included under this ruling as office work:
Stenographers, bookkeepers, typists, billing clerks, filing clerks, cashiers (movingpicture theaters, restaurants, amusement parks, ice-cream stands, etc.), checkers,
invoicers, comptometer operators, auditors, and all kinds of clerical work.
Said order shall become effective from and after February 2,1914.
Pending special investigations and rulings on the different indus
tries located outside of the city of Portland, and wishing to establish
maximum hours and minimum wages which would put all of the
industries in the small towns of the State on an equal footing, the
commission organized a conference familiarly known as the “ State
wide” conference. The representatives on this were:
Representing the public.—Mrs. Sarah Evans, Mr. D. Solis Cohen, Mr. R. A. Booth.
Representing the employers.—Mr. Emery Olmstead, Mr. Thomas Kay, Mr. Thos.
Boberts, sr.
Representing the employees.—Mrs. L. Gee, Mrs. Steve King, Miss Marie Burton.
The industries which they were asked to consider were those in
Portland not already regulated by previous rulings, and all indus
tries in the State at large, outside of Portland, which had women in
their employ. The conference was instructed that the wages recom
mended would be preliminary to special conferences which the com
mission intended to call eventually for industries outside of Portland,
as well as those in Portland. The questions submitted to this con
ference were:
(1) What is the sum required a week to maintain a self-supporting woman in frugal
but decent conditions of living?
(2) What are the maximum daily hours of work which are consistent with the
health and efficiency of women employees?
(3) Do you not think that a maximum six-day week should be recommended for all
women employees?
(4) What should be the maximum time of employment required before an inex
perienced woman worker is entitled to receive the minimum wage?
(5) Is nightwork reasonable and consistent with the health and efficiency of female
employees?
After due consideration, the conference sent the following recom
mendations to the commission:
Report of the State-wide Conference for All Industries in the State of Oregon.
To the Industrial Welfare Commission o f the State o f Oregon:
The members of the conference appointed by your honorable body for the purpose
of recommending wages and hours for all industries in the State of Oregon not here
tofore ruled upon by the commission, respectfully report that they have given due
attention to the questions propounded, and respectfully submit the following as their
answers thereto, all of the conclusions herein contained being the unanimous sense of
the members of the conference present at the time when the matters were finally
considered.
64
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Answer to question 1. We deem that the sum required per week to maintain a selfsupporting woman in frugal but decent conditions of living as an absolute minimum is
$8.25.
Answer to question 2. The maximum daily hours of work which are consistent with
the health and efficiency of women employees should not exceed 54 a week.
Answer to question 3. It was the opinion of the conference that the answer to ques
tion 2 would of itself necessarily affect the answer to question 3.
Answer to question 4. The conference suggested that the maximum time of employ
ment before an inexperienced woman worker should be entitled to receive the mini
mum wage should not exceed one year, and further suggests that in making the recom
mendation the conference does not mean to indicate that an inexperienced woman
should necessarily work one year before receiving the minimum wage, but should be
put upon the list of experienced workers just as soon as her efficiency becomes appar
ent; for such inexperienced workers the conference recommends a minimum wage of
$6 a week.
Answer to Question 5. The conference does not believe that nightwork is consist
ent with the health and efficiency of female employees, but in view of the present
industrial conditions throughout the State of Oregon it recommends the hour of 8.30
o’clock p. m. as the latest hour at which women should be employed in mercantile,
manufacturing, and laundry industries, but that this hour of dismissal should not
apply to telephone and telegraph companies, confectionery establishments, restaurants,
and hotels.
A public hearing on these recommendations was called for Decem
ber 9, 1913. The rulings which were issued after the hearings are as
follows:
I.
W. C.
O rder
No. 5 ,
D e c e m b e r 9, 1913.
(1) No person, firm, or corporation shall employ any experienced, adult woman
in any industry in the State of Oregon, paid by time rate of payment, at a weekly
wage rate of less than $8.25 a week, any lesser amount being hereby declared inade
quate to supply the necessary cost of living to such women workers and to maintain
them in health.
(2) Nor shall any such person, firm, or corporation employ women in any industry
in the State of Oregon for more than 54 hours a week.
(3) Nor shall any such person, firm, or corporation pay inexperienced, adult women
workers, employed by time rate of payment, at a rate of wages less than $6 a week.
And the maximum length of time such workers may be considered inexperienced in
any industry shall not exceed one year.1
(4) No person, firm, or corporation owning or conducting any mercantile, manufac
turing, or laundry establishment in the State of Oregon shall employ women workers
in such establishment later than the hour of 8.30 o’clock p. m. of any day. This hour
of dismissal does not apply to telephone and telegraph companies, confectionery
establishments, restaurants, and hotels.
Said order shall become effective from and after February 7,1914.
Under date of August 31, 1914, the commission issued the follow
ing order (but not as a numbered order) authorizing employment for a
preapprenticeship period at a special lower rate in the millinery and
dressmaking trades.
P o r t l a n d , O r e g . , August 31, 1914.
To t h e M i l l i n e r s a n d D r e s s m a k e r s o f t h e S t a t e o p O r e g o n :
The industrial welfare commission on August 28 decided, in view of the circum
stances surrounding the apprenticeship conditions in the millinery and dressmaking
trades, to permit a preapprenticeship period of one month to women and girls who wish
to learn either of these trades. As this month is given that the ability of the learners
may be tested and their fitness for the trade discovered they may be engaged for a
wage rate of less than $6 a week, but after the end of the 30 days’ period the apprentice
must be paid at least $6 a week. The regular apprenticeship period of 12 months as
allowed by I. W. C. Order No. 5, will date from the end of the month’s trial.
This preapprenticeship period of 30 days will be allowed only to those women and
girls who have had no previous experience at dressmaking or millinery. Every
learner who is taken on under this regulation must have a special permit from this office
before she can begin work. A duplicate of this permit will be sent to the employer,
which duplicate must be returned with the original when the preapprenticeship time
1 See order of Aug. 31,1914.
M INIM UM-W AGE LEGISLATION---- UNITED STATES.
65
is completed. Those women who have had slight experience at either of the trades,
but who have not had a full year, must be employed as regular apprentices at $6 a
week and will not receive a permit for a trial month.
I n d u s t r ia l W
elfare
Co m m is s io n ,
-------- , Secretary.
Because of the seasonal character of the fruit and vegetable canning
industry and the large number of women and children employed, a
special conference on this industry was organized September 16,
1914. The representatives on this conference were:
Representing the public.—Mrs. A. M. Wilson, Mr. J. C. English, Mr. A. M. Churchill.
Representing the employees.—Mrs. L. E. Daniels, Mrs. Wm. Addis, Miss Rose
Harrington.
Representing the employers.—Mr. J. J. Stangel, Woodburn; Mr. W. G. Allen, Salem;
Mr. J. O. Holt, Eugene.
The commission submitted the following subjects for consideration:
(1) A system of standardizing or indicating box weights where employees work by
the box.
(2) A standardization of the daily time and piece work checks.
(3) The adjustment of piece rates to the minimum-wage rate already established:
(a) For the different grades of the same kind of fruit.
(b) For determining the percentage of workers who may be classified as learners.
(4) The question of the status of minors in canneries.
(5) Proper height of tables and stools.
The recommendations of the conference were as follows:
(1) Except as herein below set forth under paragraph 2, no person, firm, corporation,
or association shall employ any experienced adult woman in any cannery or other es
tablishment for the canning, drying, orpreserving of fruit, vegetables, fish, or other simi
lar products in the State of Oregon, whether paid by time or piece rate of payment, at a
weekly wage rate of less than $8.25 a week, nor in the city of Portland at a weekly wage
rate of less than $8.64, any lesser amount being hereby declared inadequate to supply
the necessary cost of living to such women workers, and to maintain them in health.
Where piece rates of payment are employed they shall be so adjusted as to conform to
this regulation.
(2) Not to exceed 25 per cent of the adult womenemployed in any such establishment
(cannery, etc.) may be classed, if inexperienced, as “ learners and apprentices,” or
if slow or infirm, as “ physically defective or crippled by age or otherwise,” and may
receive less than said minimum wage above named, but in no case shall “ learners and
apprentices” receive less than $6 a week.
(3) In case action for unpaid wages is brought in any court by any such adult
woman employee, it shall be sufficient that the plaintiff shall establish the time during
which she was employed, whereupon it shall be presumed that she is entitled to the
minimum wage provided in paragraph 1 hereof for the period of such employment.
And if an employer, in defense, under paragraph 2 hereof, shall seek to show that said
worker was inexperienced, slow, or infirm, it shall be incumbent upon him to establish
that not to exceed 25 per cent of his adult women employees were thus classed and paid
during the period covered by such action.
(4) Where employment is for fractional portions of a week a minimum wage per hour
shall be pai(J, to be arrived at by dividing the weekly minimum wage applicable by the
maximum number of hours of employment permitted by law in the establishment in
question, in no case more than 54 hours.
(5) No woman shall be employed in any such establishment (cannery, etc.) more
than 54 hours a week; but for not more than four weeks each year adult women may
be employed more than 10 hours a day, provided that for all time of employment
exceeding 54 hours a week and less than said 60 hours a week wages shall be paid at a
rate exceeding the regular minimum wage paid in such establishment, whether by
piece or time rate, by not less than 50 per cent.
(6) Whenever, at the end of any day or other unit of working time, any employer in
such industry shall take possession of the token, card, record, or receipt for piecework
of any female employee, he shall in turn leave with or give to her either a duplicate or
copy of same or some similar form of token, card, record, or receipt from which all sums
to which she is entitled and hours during which she has been employed can be readily
computed.
82843°—Bull. 167—15------5
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
A public hearing on these recommendations was held in the Port
land Public Library on December 17, 1914.
The question of the length and the wage of the apprenticeship
period in the mercantile, factory, and laundry industries, which had
been under investigation for some time, was submitted to a conference
on October 21, 1914. Subcommittees of this conference are still
engaged in investigating the question in all its bearings.
Besides minor investigations which the commission has carried on
without interruption, through its secretary, two more extensive
inquiries have been made during the year 1914. The first one was
concerned with the conditions of work of female employees in the
fruit and vegetable canneries in the State, and the second with the
laundries of Portland. A report on the findings of the laundry
inquiry has been published.1 During the 18 months which have
elapsed since the commission was organized it has met 73 times; 40
of these meetings have been formal business sessions, 16 have been
informal hearings, and the remainder have been at conferences and
public hearings.
Enforcement of the Law.
All complaints of violations of the law which have been reported
to the office of the commission have been referred to the State labor
commissioner, who has the enforcement of the rulings. The indus
trial welfare commission has endeavored to cooperate in every way
with the State labor commissioner and his deputies, so that complete
harmony exists between the two officers.
Eight permits have been issued to slow, infirm, or crippled adult
workers, as permitted by the law (ch. 62, sec. 10), to work for less
than the minimum wage provided for experienced adult workers.
The industries, the number in each, and the cause for which the
permits were issued is given herewith:
Industry.
Location.
Paper-box factory................................
Mercantile store....................................
Fruit cannery.......................................
Rug factory..........................................
Laundry...............................................
D o .................................
Portland........
....... do.............
....... do.............
.......do.............
.. ..d o .............
Eugene...........
Reason for issuing.
No.
1
2
1
1
2
1
1 aged and slow.
1 abnormally slow worker; 1 deafness.
1 aged, slow, and infirm.
1 slow from illness, past middle age.
1 crippled hand; 1 aged and slow.
1 aged and slow.
Legal Defense of the Act.
On October 14, 1913, suit was brought by Mr. F. C. Stettler against
the industrial welfare commission to restrain it from carrying out the
provisions of the act on the ground that it was unconstitutional.
The complaint was based on the provisions of I. W. C. Order No. 2,
which governs the employment of women in factories in Portland,
and provides for a nine-hour day or 54-hour week, a minimum wage
of $8.64 a week for experienced adult workers, and a minimum of 45
minutes for the lunch period. Attorney General Crawford had
charge of the defense for the commission, but was ably assisted by
Mr. Dan J. Malarky, Mr. E. B. Seabrook, and Mr. J. N. Teal, who
offered their services to the commission gratuitously. Mr. Teal
drew up a brief defending the provision of the law which forbids
1Report of the Industrial Welfare Commission of the State of Oregon on the Power Laundries in
Portland, 1914,
M INIM UM-W AGE LEGISLATION---- UNITED STATES.
67
appeal from decisions of the commission in matters of fact. Mr.
Malarky also presented a brief and took part with the attorney general
in the pleadings before both the circuit and State supreme courts.
On November 7,1913, Judge Cleeton, of the circuit court, declared
the law constitutional and refused to grant an injunction against
the commission. An appeal was taken to the State supreme court,
where the hearing was given on February 9, 1914. For the hearing
before the State supreme court Mr. Louis D. Brandeis, of Boston, and
Miss Josephine Goldmark, publication secretary of the National
Consumers’ League, submitted a brief showing the benefits of mini
mum-wage legislation. On March 17, the supreme court handed
down a decision upholding the constitutionality of the law.
Thereupon Miss Elmira Simpson, an employee of Mr. F. C. Stettler,
brought suit against the commission on the ground that its rulings
would deprive her of the right to work. The law was again upheld,
both in the circuit and the State supreme courts. Both cases were
appealed to the United States Supreme Court, where the hearing
was held on December 17, 1914. Attorney General Crawford ana
Mr. Louis Brandeis appeared for the commission. The decision of
this court has not yet (March 17, 1914) been rendered.
UTAH.
The Utah minimum-wage law is peculiar in that it fixes directly the
minimum rates to be paid for experienced adult females, for adult
learners and apprentices, and for minors. The administration of the
law is placed upon the commissioner of immigration, labor, and
statistics. The law became effective May 13, 1913, and the follow
ing statement under date of January 20, 1914, from Commissioner
Haines, is of particular interest:
Our office has investigated some two hundred or more cases of
alleged violations of the minimum-wage law since May 13, 1913,
which have had any merit and a number that had not. We knew
that it was the prime object of the lawmakers to secure for the girls
and women affected an increase of wages and in enforcing the law
we have always endeavored to look after the interests of the em
ployees first. For this reason, where we find violations, we first give
the employers an opportunity to make good to their employees any
shortage of wages between what they had been paying and what
they were legally required to pay. In some cases, we have secured
to a single employee as high as $57 in back wages. The employers
preferred to pay this money rather than stand trial with the liability
of paying a heavy fine and costs of prosecution, besides the ignominy
of being cheap men. In the above manner, we have collected over
$6,000 m back pay to employees and up to the present time we have
had to bring four prosecutions, three of which we have won and one
is still pending.1
Writing late in 1913, the same commissioner said:
>ted by the law are the mercantile,
overall factories, the woolen mills,
, _______ , _________ telephone companies.
1 Irene Osgood Andrews, Minimum-wage legislation, Appendix III of the Third Report of the New
York State Factory Investigating Commission, p. 208,
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Of the employees under 18 years of age, constituting about 6 per
cent of the 11,500, a majority were employed as cash girls and wrapin the department stores and received about $4 per week, a few
f>ers
ess. The minimum wage raised the wages of this class to $4.50
per week. A number of the department stores supplanted cash
girls with cash boys whom they pay $4 a week or $18 per month.
Many millinery stores that were paying girl apprentices from $2.50
to $5 per week also weeded out those who were the least proficient.
In the knitting, candy, paper-box, and overall factories, and woolen
mills where the piece system is in vogue, a few girls were discharged
who could not reach the minimum wage in their respective classes
named in our law. This number, however, was not over 3 per cent
of the whole number employed therein.
In the inexperienced adult class, those women over 18 years of
age with less than one year’s experience as salesladies or as appren
tices in millinery stores and factories, were affected to a considerable
extent. The law requires that this class shall be paid not less than
90 cents per day. Many within this classification were drawing
about the same wage as was paid inexperienced girls who were under
18 years of age. In some cases, the older girls in the 90 cents per
day class were no better salesladies than their younger sisters. Of
this class, constituting 10 per cent of the female employees in our
State, as stated above, the wages of about 3 per cent were raised to
meet the minimum wage.
While the law did not become effective until May 13, many of the
employers who pay monthly or semimonthly voluntarily caused the
law to become effective on May 1. In a number of businesses, the
employees who were not considered as possessing the necessary effi
ciency were notified that it was up to them to “ make good” in order
to retain their employment and the probationary period was fixed
at from two to four weeks.
As a whole, it seems to be the consensus of opinion of employers
that the law has increased efficiency to an appreciable extent. Per
haps not more than 5 per cent of the whole number of female em
ployees were discharged because of this law going into effect and
many of those who lost their employment found employment in other
like establishments or in other lines.
About the time the law became effective, our department was
called upon by a number of business concerns to determine what
generally would be considered a year’s experience as expressed in
our law. They were informed that any girl or woman who had
worked for the period of one year or more, or who had worked as an
apprentice in a milhnery establishment or as a laundry girl, te1^phone girl or in a factory or mill for a like period, would be consid
ered as “ experienced” in their respective avocations.
Some of the department stores claim that they experienced con
siderable difficulty with employees coming to them from small country
stores and the 5 and 10 cent city stores. This class of employees are
18 years old and over and have had a year’s or more experience.
Employers are required to pay this class of girls or women not less
than the minimum wage of $1.25 per day and have found that others
of their older employees who are working as minors and ‘ ‘ inexperi
enced” are more efficient. This fact is soon manifested in a way
that touches their pocketbooks, for the reason that the smaller-paid
M INIM UM-W AGE LEGISLATION---- UNITED STATES.
69
help are soon at the elbows of their employers asking for an increase
of wages with the plea that they are better or fully as efficient as the
higher-paid employees with a country or small store experience.
The law has had a tendency to drive out the little errand girl in
some establishments who was drawing from $2.50 to $3.50 per week
and whose tenure of employment was ofttimes a semicharitable one.
Compared with many other Western States of equal and some of
greater population, the wage scales of this State for both male and
female labor are quite high, and our newly inaugurated minimum-wage
law was instrumental in increasing the wages of but a small per cent
(possibly 10) of our working girls and young women. In our laundries
girls were generally paid from $6 to $7 per week and now they are paid
$7.50 per week. In the department stores, the wage was from $4 to
$25 and in the millinery establishments from $2.50 to $25 per week.
Apprentices in the millinery establishments must now be paid $4.50
per week or else be permitted to work under instruction for absolutely
no wage, in which condition the relationship of employer and em
ployee is not established.
Thirty dollars a month or $1 per day was the general wage of
chambermaids in many European hotels and rooming houses. Now
it must be $1.25 per day for six days a week where neither board nor
lodging is furnished.
As a whole, I think the law a fairly good one and have yet to learn
where it is causing any considerable amount of oppression or injustice
to anyone. Some small establishments, like country printing offices,
that employed female apprentices at a wage of from $3 to $4 per week
or the first year, claim that they can not afford to pay $7.50 per week
or such help during the second year.
In no establishment of the State, coming under our notice, that
employs any considerable number of females, has the pay roll been
increased over 5 per cent. I believe that the average is between 2 and
3 per cent.
The law has the tendency to equalize the wages of the inexperienced
and the near experienced. I believe that it increases efficiency and
what is of equal and greater importance will have a growing tendency
to secure to competent women a living wage.1
No formal report of the operations of the Utah law has yet been
issued, but a paper read by Commissioner Haines before the National
Convention of the Association of Government Labor Officials on June
9, 1914, explains the history of the law and discusses the results of
its application.2 The paper is given in full below:
Utah’s arbitrary minimum-wage law for women and girls has now
been in operation for one full year, a period long enough to form a
conclusion of the merits, in one State at least, of a class of labor
}>artial
aws that is now uppermost in the minds of many students of impor
tant social and economic problems.
Before entering into a statement of the physical operations of the
law and its practical results so far as may yet be determined, I desire
1 Op. cit., pp. 209-212.
2 Paper read by H. T. Haines, commissioner of immigration, labor, and statistics of Utah, before the
National Convention of the Association of Government Labor Officials of the United States and Canada,
at Nashville, Tenn., on June 9,1914.
70
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
to first briefly call your attention to the ways and means by which
Utah, one of the youngest States, and one having the fewest number
of women and girls depending upon a daily wage for their sustenance,
took a short cut through the wide but unknown field of proposed livingwage legislation, and enacted a minimum-wage law for females. Pre
liminary work leading to the preparation and presentation of a bill for
the enactment of a minimum-wage law had been performed by a com
mittee of the Federation of Women’s Clubs of our State and the bill
itself was presented by a woman member of the lower house of the
legislature, of whom there were three. This bill followed closely the
provisions of the bill first presented to the Massachusetts Legislature,
but which was later much amended and therefore considerably unlike
the Bay State’s minimum-wage law in effect to-day.
The Utah bill provided for a commission, as have bills of all other
States having minimum-wage laws now in force or pending. The pro
posed commission was to have been composed of three persons, to be
appointed by the governor, one of whom was to have been a woman.
The bill carried an appropriation of $5,000 to meet the expenses of the
commission for inquiring into the wages paid to women and girl
employees in the various occupations in which they were engaged,
with a view of ascertaining as nearly as possible the adequacy of the
then prevailing wages to supply the employees with the necessary cost
of living and to maintain them in health.
The commission was further empowered to establish a wage board
consisting of three representative employers and an equal number of
representative women employees, and one or more disinterested per
sons representing the public, whose duty it was to determine a mini
mum wage for women in occupations in which prevailing wages were
found to be inadequate to meet the requirements of a living wage and
to maintain the employees in health.
Merchants and manufacturers were quick to notice this effort for
proposed legislation affecting their several interests and equally alert
in protecting such interests. Arrangements were soon perfected for
joint meetings of employers and employees and women’s club repre
sentatives with the labor committee 01 the lower house. The mer
chants’ and manufacturers’ committee of the local commercial club
strenuously opposed the bill in the form presented, asserting that the
publicity feature in which the commission was authorized to publish
m the daily papers the names of employers and the material facts of
their findings through searching investigations into their businesses,
was particularly objectionable and unnecessary. It was also main
tained by them that the proposed investigating machinery was too
bulky and that the $5,000 that was proposed to be appropriated was
insufficient to carry on the work in the manner outlined. With the
women in their fight for the enactment of their bill, or one equally as
good, were representatives of labor, and lobbies in the legislative halls
were formed and maintained by the contending forces. At the public
hearings before the house labor committee able and exhaustive argu
ments were made and heard, and but little advancement was appar
ently made for some time toward an amicable understanding between
the participating forces. Finally a subcommittee of the merchants’
and manufacturers’ committee of the local commercial club drafted a
bill that was accepted as a fairly good compromise between them
selves, the club women, and labor representatives, and a substitute bill
M INIM UM-W AGE LEGISLATION---- UNITED STATES.
71
embracing a wage scale as agreed upon was drafted by the subcom
mittee, which was later presented to the legislature and finally passed
by a close vote in the lower house and unanimously in the senate.
The original bill contained over 1,800 words and the substitute bill
about 200, yet the latter bill was such that it practically accomplishes
about all that was sought to be secured through the more verbose and
cumbersome measure.
The law itself fixes a minimum wage of 75 cents per day for any girl
under the age of 18 years; 90 cents per day to a womanover the age
of 18 years, who is inexperienced in the class of work she is employed
to perform; $1.25 per day to women who have served an apprentice
ship in the line of work they are performing. The apprenticeship
period is fixed at one year. Thus a woman or girl who has worked one
year as a saleswoman must be paid $1.25 per day. Likewise she
must be paid as much as if she had worked as an operator in a factory
of any kind, in a candy manufactory, laundry, etc., and is following
these lines of employment.
The merchants' and manufacturers7subcommittee’s bill gave $1 per
day to apprentices over 18 years of age, but the house committee cut
the wage to 90 cents. In establishments where the piece system of
wages obtains a woman’s wages must be equal to the wages fixed by
the minimum-wage law, based on a nine-hour-per-day service, that
number of hours constituting a day’s work for women in our State.
One of the objections raised by the house committee on labor to the
minimum-wage bill, as first presented, was to the creation of a new
State commission, and hence a new department. In order to elimi
nate this strongly opposed feature, the substitute bill designated the
commissioner of the bureau of immigration, labor, and statistics as the
officer to enforce the general provisions of the law. This department
was already responsible for the enforcement of the nine-hour law for
females, the eight-hour law for minors, and besides charged with other
matters pertaining to labor and immigration, together with the gath
ering, compiling, and publication of statistics. Outside of the fixed
salaries of the commissioner, two deputies, and a stenographer, rent,
etc. (Utah not having a State capitol as yet), the department was
allowed $1,500 per year for all traveling, printing, stationery, and
other incidental expenses. As the appropriation for the department
was fixed before the passage of the minimum-wage law, it may be
said that the only sum of money provided by the legislature for oper
ating its minimum-wage law was but $800, which was named in an
amendment to the old act creating the bureau of immigration, labor,
and statistics as the salary to be paid an additional deputy in the
department, and which amendment stated that the new deputy should
be a woman.
Here I wish to say that, in the absence of any knowledge by this
convention of what criticisms may have been made or are being made
concerning the operations of the law in Utah, I think the members
of the convention will agree with me that it is being administered
economically and that the legislature made a “ ten strike” in its
efforts to economize when it eliminated a $5,000 per year depart
ment and attached the proposed work of such to another department
and allowed it but $800 for the performance of the required work.
The provision concerning a woman deputv was another concession
to the women’s club members, who contended that in the investiga
72
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
tions of alleged violations of the minimum-wage and nine-hour laws,
and the general conditions surrounding the employment of labor, a
woman official would necessarily prove a helpful acquisition to the
operating forces of the department. In this proposition they were
partially right, but in passing it may be briefly stated at this point
that in the handling of many cases wherein women employers were
violators of the law enacted for the benefit of women wage earners,
woman’s inhumanity to woman was ofttimes manifested in a striking
manner through their incourteous treatment of the woman deputy
commissioner. Many women employers charged with violating the
law stated that they preferred to deal with a man when investigations
concerning their conduct toward their own sex were under considera
tion.
The most stubborn opposition to the passage of the measure came
particularly from a representative of one large manufacturing estab
lishment and from several small country merchants. The manufac
turers’ representative contended that in the line of employment which
his concern offered to girls and young women there were certain
classes of work requiring but little skill, for which service they could
only afford to pay a low wage and could furthermore give employment
to a class of females who possessed but meager mentality and were
incapable of performing work that required average physical capacity.
The argument advanced by him was that his corporation would
necessarily have to discharge a number of females who would prob
ably be unable to secure any other employment, or at least such
employment at which they could earn as much as he was paying
them in the establishment which he represented. Emphasis was
placed by him on the probability of such employees becoming a
permanent burden to their parents, relatives or friends, who would
necessarily have to support them, or else they would become public
charges.
The small country merchants set up the claim that their businesses
did not warrant their paying a woman more than $20 or $25 per
month, and in order for them to maintain female help they would
have to discharge their experienced girls and employ only those
under 18 years of age, or one older who had had less than one year’s
experience as a sales girl.
The practical workings of the law are yet to be told.
Briefly, the total number of women and girls in Utah coming under
the operations of the law numbered about 12,000. Of the total
number only about 6 per cent were under the age of 18 years, and
were employed chiefly as errand or bundle girls in department stores,
and in candy factories, box and knitting factories. No account was
reckoned of the girls and women who, in the packing season, work
in the canneries, of which we have quite a number. The operating
period of some of these concerns is less than 60 days, and they employ
quite a number of young folks of both sexes during that time of year
embracing the scnool vacation for full or part days. However,
their rates reach the minimum-wage scale. About 10 per cent of
the 12,000 regular female employees come within the inexperienced
or apprentice class, and the remaining 84 per cent in the experienced
class.
A month prior to the day the minimum-wage law became effective
our department sent to every regular employer of female labor of
M INIM UM-W AGE LEGISLATION---- UNITED STATES.
73
whom it had any knowledge a printed copy of the law and also a
blank calling for a statement of the number of females employed by
them who were under 18 years of age, how many of this class they
were paying less than 75 cents per day; how many of the female
employees over the age of 18 years were inexperienced and how many
were experienced, and how many of these two classes were being paid
less than 90 cents and $1.25 per day , respectively. They were requested
to fill out these blanks and mail same to the labor department.
In a number of later instances these blanks proved quite useful to
us, especially in cases where employers of only a few girls, who kept
no pay rolls by which our department might check their weekly
wage accounts, and who had failed to adjust their wage schedules
to meet the requirements of the new law. The same employers of
female labor were later asked to fill out similar blanks bearing a date
subsequent to the law becoming effective, and from this information,
ofttimes unwittingly written upon these blanks, we discovered many
violations of the law for which the employers were obliged to pay
thousands of dollars in wages that fell short of being the minimum
wage, or else defend a lawsuit in a court of justice.
The first complaint we filed was one against an establishment
employing about 25 young women. Two weeks after the law went
into eftect it was reported to the department that this concern was
not paying the minimum wage. The commissioner obtained a pay
envelope from one of the girl employees upon which was written her
name, the amount of her weekly wage, and date thereof, which was
$1 per week less than that provided by law. The commissioner
called upon the proprietor of this establishment and requested to see
the pay roll, a request that was at first denied until the law requiring
employers to submit their pay rolls for inspection was presented.
This pay roll showed that a number of girls were being paid less than
the minimum wage, yet in the face of this fact and the envelope
exhibited, the proprietor and the bookkeeper claimed that the estab
lishment was paying the minimum wage. The proprietors dared
not face a trial in this case, and a plea of guilty was entered before
the day of trial, and each girl who had been underpaid was handed
the balance legally due her.
During the full year the minimum-wage law has been in operation,
our department has collected from employers over $8,000, which
was given into the hands of employees who were not receiving the
minimum wage. In many instances the employers guilty of violating
the law did so unconsciously or carelessly, having neglected to imme
diately act upon the notice sent out by the labor department and
adjust their pay rolls to meet the requirements of the law. One
large department store, employing in the neighborhood of 200
females, and paying semimonthly, was found guilty of violating the
law for the reason that it paid its girls under 18 years of age but $9
(two weeks’ wages) on the 1st and 16th days of each month, comput
ing the wage on 12 months a year basis, instead of at 52 weeks a year.
When their attention was called to this matter, they thanked the
labor department and promptly made up to each underpaid employee
the balance due her.
Quite a number of employers apparently acted with indifference
to the warnings of the labor department, evidently thinking that
the department charged with the enforcement of the law had enough
74
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
else to do without investigating the amount of wages they were
paying their help, and seeking refuge behind the fact that the under
paid employee well knew that her job was at stake if she entered a
complaint. When the commissioner or deputy commissioners
dropped into their places of business to question them or their employ
ees, or examine their pay rolls, ofttimes being possessed in advance
of their visits with incriminating facts pertaining to the wages that
were being paid in the particular establishment under investigation,
many unpleasant scenes occurred, which usually ended with all
concerned getting together, computing the back wages due the under
paid employees, to whom a substantial sum of money was turned
over, and a promise on the part of the employer to observe the law in
the future, followed by a formal and apparently friendly farewell.
The highest individual sum of money which our department has as
yet collected in this manner for one girl is $125, but several amounts
approaching that sum have been obtained.
The law does not designate our department as a collection agency,
but we assumed that for the reason that the law was intended to’
obtain better pay for girls who were drawing wages insufficient to
meet their necessary living requirements, we would be carrying out
the spirit of the law if we placed into their hands good hard cash,
rather than summon them to appear in court as reluctant witnesses
against their employers, and, m most cases, lose them their jobs,
after which they would be required to bring a civil action to collect
the legal wages due them, and if successful would be obliged to turn
over nearly all that had been collected to some attorney for his serv
ices in the case.
A wise business man is a respecter of public opinion, and therefore
few of such care to antagonize a law established for the payment of
a fair wage to men or women. Some merchants and manufacturers
will tell the commissioner of labor that they believe the minimumwage law to be unconstitutional, and that it is too arbitrary; that it
denies to some girls and women the employment that they are very
much in need of, but they lack the moral courage to thus speak or
publish such views to the world, and draw unto themselves the odium
that the laboring classes feel for the employers opposed to laws intended
for the betterment of wage earners. Hence our department has
had to bring but seven cases for the violation of the minimum-wage
law before the courts, six of which we have won and one is still pend
ing. A case won has been appealed to the supreme court. This
was a matter wherein a woman proprietor of a dressmaking establish
ment was paying an apprentice but $5 a week, the minimum wage
being $5.40. The apprentice had been employed but three weeks
and ner employer was offered the privilege of paying the $1.20 due
the apprentice under the minimum-wage Taw, or else face a prosecu
tion. She elected to fight, but after an action was instituted against
her for her violation of the law, an attorney advised her to pay to
the apprentice the $1.20 due, which she did and then asked tnat the
suit be withdrawn. In view of the fact that she slammed the door
of her establishment in the face of the deputy commissioner and
hung up the telephone receiver when the county attorney was advising
her to pay the apprentice and thus avoid prosecution, the forces
charged with the enforcement, prosecution, and dignity of the law
MINIM UM-W AGE LEGISLATION---- UNITED STATES.
75
elected to allow the woman the opportunity of fighting until the
supreme court of the State called “ time.” Thus the constitution
ality of our little minimum-wage law is to be tested, and others
besides the lady have quietly chipped in to help defray the expense
of the legal scrap. One contributor is a man whom we had previously
convicted of violating the law.
Summarizing its practical effects within the brief period it has been
in operation, the law may be said to have been instrumental in raising
the wages of a number of women and girls who most needed the addi
tional sums of money it has placed in their hands. It has not
increased the wage pay roll in establishments employing any con
siderable number of women over 5 per cent. As an offset to this,
most employers admit that they have obtained increased efficiency,
because proprietors or managers of many establishments employing
a large number of female workers immediately preceding the date
of this law becoming effective made the occasion an opportunity for
heart-to-heart talks with their female employees, to emphasize the
fact that it would be up to them (the employees) to make good in
1 J 1 11 Jl
rrvhis presentation of the situation is
effect upon quite a few deficient
^ more than the minimum wage. A
few small country merchants claim to have been hard hit, ana some
formerly employing two girls now have but one. A very small
number of women and girls who failed to produce the results fixed
as necessary were dismissed from establishments, but most of them
found other work for which they were better adapted, and conse
quently we can recall but few cases where a woman or girl has been
utterly deprived of employment because of this law. In several
cases where girls have been discharged because of the activities of
our department in compelling employers to pay the minimum wage,
we have found positions that were satisfactory to them.
And here, let me say, we have found among the business men of
Utah many whole-souled, broad-minded, and philanthropic fellows
who have stood ever ready to aid our department and assist us in the
enforcement of the law by giving employment to the girl or woman
who had been unkindly and unceremoniously discharged because of
our insistence that she be paid the minimum wage and all back wages
due her, or because she had given, or was willing to give, at the sacri
fice of her job, incriminating evidence against her employer. Our
progress in the enforcement o f the law would often have been impeded
had it not been for the cooperation of the men thus referred to.
One very important thing the law appears to have not done, as was
feared, and that is that it has not caused the minimum wage to become
very nearly the maximum wage. Of the 12,000 women wage earners
in our State coming under the provisions of this law, we have not been
able to find one woman or girl who was drawing $7.50 per week at the
time the law went into effect whose wages have suffered a decrease.
The fear of some such action as this, by way of retaliation, was and has
been often voiced prior and subsequent to the operations of this law,
but the fear in our State appears to have been ill-founded. The situ
ation now is that a much larger number of employees in Utah are draw
ing a wage in excess of the highest minimum wage than those who are
paid the legal wage itself.
16
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Another beneficial effect for the manufacturer is that it tends to
equalize the cost of production, and the same deduction applies to the
merchants, as the minimum wage will also in his case contribute to the
equality in the cost of selling goods. The hard-fisted manufacturer
or merchant who was inclined to purchase his labor for the cheapest
price obtainable is now compelled by law to pay for labor about the
same price that the more liberal and considerate employer is inclined
to pay voluntarily.
1 believe that I am justified in saying that 90 per cent of employers
of women and girls are well satisfied with the law as it now stands and
is enforced. Of course employees whose wages it has raised are satis
fied and hope soon to see the minimum wage made higher. The
women who are responsible for the enactment of the law feel that they
have accomplished a great good for their sex, and no member of the
legislature who voted for the law is apologizing to his constituents for
his action.
An intelligent manager of one of Salt Lake’s largest department
stores, who was chairman of the subcommittee that drafted the mini
mum-wage law as it appears to-day, in a paper read before a national
convention of merchants, recently held in one of the Eastern States,
says of the law: 11 * * * Whatever its faults or virtues, there is
little doubt that good has been uppermost. Without discussing its
legal, moral, economic, or industrial bearings, I might venture the
suggestion that of far greater importance than minimum-wage legisla
tion for the uplift of women workers is preparatory education which
operates automatically to raise the standard of wages in ratio to the
standard of service. It would seem fair that if the State establishes a
standard of wage it should assume the responsibility of furnishing
service of equal value. Then it must follow that the greatest material
service we can render the future women and girl workers is to prear
range such environment and education as will give them individual
independence, self-supporting producing power. We must care better
for our womanhood before it is thrown into the thick of the fight for
existence and compelled to call to the State for minimum-wage pro
tection. We should now know that we are in a period of change,
humanizing change, and that along with the development of indus
trial institutions and processes has come a new world-wide subcon
sciousness, which pleads the necessity of a fairer distribution of the
products of labor, the uplift of the laborer, the better development
and conservation of the mental and physical forces, a more humane
and scientific application of productive human energy. The minimum
wage helps, but let us first help the woman to know; she is then a law
unto herself.”
WASHINGTON.
The organization, methods, and results of the Washington mini
mum-wage law are shown in detail in the first biennial report of the
commission,1 recently published. The work of these commissions in
the United States is so entirely new and the interest in the methods
which they follow is so great that it has seemed best to present at
some length the experience of the Washington commission, as shown
1First Biennial Report of the Industrial Welfare Commission, 1913-14.
Olympia, 1915.
M INIM UM-W AGE LEGISLATION---- UNITED STATES.
77
in its report. The following pages are based almost entirely upon
the official report, being in large part quoted from it:
As directed by the law, which became effective June 12, 1913, the
commission, upon its appointment by the governor, immediately
undertook an investigation into the conditions of labor and wages
paid to women and minors in the leading industries of the State.
* * * As the result of these investigations and the facts developed
by them, conferences consisting of three employers, three employees,
and three disinterested persons were called by the commission for
each industry, and these conferences, pursuant to the law, recom
mended to the commission for its adoption or rejection an amount
considered necessary to maintain a self-supporting woman in health
and comfort.
In this manner legal wage rates have been established in five of
the leading industries of the State, and the recommendations of the
sixth industrial conference are now pending. The dates upon which
the five became effective and the weekly wage rates are:
Mercantile industry, June 27, 1914.............................................. $10.00
Manufacturing industry, Aug. 1, 1914..........................................
8.90
Laundering industry, Aug. 24, 1914.............................................
9.00
Telephone industry, Sept. 7, 1914...............................................
9.00
General office occupations, Feb. 20, 1915..................................... 10.00
These rates apply to experienced women workers more than 18
years of age, while a flat wage of $6 per week has been established
for all minors. Apprenticeship licenses permitting beginners to be
paid less than the established minimum during the term of their
indenture and providing for varying periods of wage advancement
from $6 per week to the legal rate are being issued by the commis
sion under certain restrictions. * * *
While the commission has made provision for beginners to work
during stated periods for less than the established wage, it is neces
sary for each such employee to have an apprentice license and unless
the beginner has such a permit her employer is not only criminally
liable if he employs her for less than the prescribed wage, but is also
subject to civil suit by the employee to compel payment of the
accumulated difference between the wage actually paid and the
established rate, unless that difference is voluntarily paid. In order
to rigidly enforce the law, the commission does not recognize a plea
of ignorance from the less careful and conscientious, inasmuch as
printed copies of all orders entered by the commission have been
mailed to all establishments employing women, in so far as it was
possible to do so, no absolutely reliable and complete directory being
obtainable.
The fact has been discovered, however, that many employers have
filed these orders away in their correspondence without having care
fully noted their provisions, and that others have allowed them to
be misplaced or lost, upon which pleas of ignorance have been based,
but this condition is being rapidly overcome as the subject is being
more widely discussed and better understood. Furthermore this
law is not so difficult of enforcement as the eight-hour law for women,
as the women themselves aid materially by demanding the increase
in their wages provided by the new requirements. Incidentally, too,
as the unpaid portion of the wage accumulates and reaches attrac
78
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
tive proportions the employee is prompted to invoke the aid of the
commission to collect it, and so the violation comes to light.
This, in general, is a resume of what the commission has done. A
review of work would not be complete, however, without mention
of the case of the Seattle girl who was discharged by her employer
for acting on the first laundry conference called by the commission.
The provisions of the minimum-wage law fully contemplate the pro
tection of the women workers against the prejudice and revenge of
their employers when they are called on by the commission to give
testimony in any investigation or proceeding relative to the enforce
ment of the act, and this case proved to be a forceful example of the
necessity for such a provision in the law.
The commission asked the employer to reinstate the girl, but this
he refused to do, and the facts in the case were then laid before the
prosecuting attorney and a warrant issued for the laundryman’s
arrest. The trial was held and the defendant found guilty and fined
$100 and costs. His attorney served notice of appeal, but this has
not been taken.
Through this trial the employers of the State early learned that
the commission would brook no violation of the minimum-wage law.
It was a good lesson, for it taught them that the commission, clothed
with full authority to enforce the law, proposes to exercise that
authority quickly and effectively.
None of the dire predictions made prior to the passage of the law
have come about to an extent that questions the general efficiency
of the law. There has been no wholesale discharge of women em
ployees, no wholesale leveling of wages, no wholesale replacing of
higher-paid workers by cheaper help, no tendency to make the mini
mum the maximum, while the employers of the State in general have
been following the letter and spirit of the law and aiding greatly in
its application.
These statements are based on a survey of three of the leading in
dustries of the State, three of those in which the minimum wage was
first established—mercantile establishments, laundries, and telephone
exchanges. * * * That these effects are true is all the more re
markable from the fact that business conditions existing at the time
the wage orders went into effect were not such as in themselves to
secure a favorable reception.
The sequence of it all is that there are vastly more women workers
in the State of Washington to-day receiving a living wage than there
were two years ago, wnen the law was enacted; that there are more
higher-paid girls now than there were then; that the whole wage
standard together with the standard of efficiency and discipline has
been raised; that industry itself has been taught the lesson that
higher-paid workers are better workers.
Those industries which could most quickly impose the added cost
of the increased wages upon the public by raising the prices of their
products, have of course, been the least hurt, if any have been hurt,
by this remedial legislation. Such others as could not immediately
pass the burden on to society where it belongs, as society dictated
and indorsed the law, are naturally having some difficulty in ad
justing themselves to the new conditions. Particularly is this true
of those industries of this State that come into direct competition
with the products of the sweatshops of the East, the cracker and
MINIM UM -W AGE LEGISLATION— UNITED STATES.
79
candy factories, the garment makers, and the box factories, though
the unusually high freight rates on boxes from the East operate to
the advantage of the last named more so than to any of the others.
The following letter from a garment manufacturer of Seattle, a
man whose products come into direct competition with the sweat
shop labor of New York and Chicago and a man, too, who was quite
strongly opposed to minimum-wage legislation prior to its enactment
* * * mdicates his approval of the law after a fair trial and re
flects the general sentiment among that class of employers that
realizes the rights and interests of its employees:
Personally, I find that my business has been benefited, as the necessity for greater
discipline and more rigid enforcement of regular hours of work has become fully
apparent. We have raised our average weekly pay roll, I think I am safe in saying,
at least $1 per girl, if not more. Some of our help, to be sure, have always done their
best and have shown but little change, but those who were satisfied with less, the
minimum wage has benefited, as they saw they must earn more or quit.
I am writing you this personal letter about my personal experience in an individual
case. It has been a benefit in this factory in raising the standard of efficiency and
in forcing a closer application to duty on the part of the operator and necessarily has
been a benefit to the employer. I am not in a position to speak for other factories
and industries, but, aside from some hardship that the law may work on the less com
petent, I can not see why it will not give a greater efficiency to our factory forces.
Some idea of the industrial effect of this legislation can be gained
when it is realized that the industrial welfare commission’s prelim
inary surveys of the factories, stores, laundries, and telephone ex
changes of the State, showed that 60 per cent of the women employed
were receiving less than a living wage prior to the application of the
law, except in the stores, where the ratio ran about 50 per cent.
The law, m other words, has advanced the wages of practically 60
per cent of the workers in these industries and has done it without
serious opposition at a time when business conditions were none too
good and when there was every incentive for the employer, if he had
desired to hide behind the minimum-wage law and the dire predic
tions previously made, to offset the effect of the increased wages on
his expenses by the employment of cheaper labor of whatever kind
was available. To be sure, that excuse has been used to some extent,
particularly where the employer wanted to get rid of a woman worker
for some other reason, but a careful study of the statistics elsewhere
and the summaries of them, will convince even the most arSublished
ent opponent of minimum-wage legislation, that the women work
ers have neither been dismissed nor displaced by cheaper employees.
“ I didn’t know, until the minimum wage went into effect, that it
paid to employ higher-priced women workers/’ the manager of a
10-cent store told a member of the commission, “ but it does. They
take more interest in their work, take better care of our goods, are
more capable, more efficient, more satisfactory in every way,” and
these short sentences tell practically the whole story of the effect of
the minimum wage.
The girl who wants to learn, to amount to something, to be of some
value to her employer, to be competent, capable, and efficient, is
reaping the benefits of the minimum wage; her less competent, less
efficient, indifferent sisters are perhaps being hurt by it, if any workers
are. The law has not operated to lessen the competition among
women workers, as some thought it might; rather has it stimulated
80
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
the rivalry because the women are now being paid more nearly what
they earn, and are willing to do more, as before the law became effec
tive the chances for wage advancement were so small as to be dis
couraging. The employers, of course, having to pay more than
before, are demanding more than before in the way of services; they
are weeding out the incompetents and the misfits, when all efforts
to train them properly fail, but they are not stopping there—they are
advancing the more competent, the higher skilled, in a ratio that corre
sponds with the new wage standard. In other words, as the letter of
the Seattle garment manufacturer previously quoted shows, the mini
mum wage has resulted in increasing the efficiency and the morale of
the employees in the industries to which it has been applied. The
employers are requiring better training of their apprentices now than
they did before, for they know that, under the commission’s restric
tions, those apprentices will soon be entitled to the established wage
and they want them to be worth it. * * *
There is a tendency, of course, for some women who have worked
long enough at a particular occupation to be entitled to the minimum
wage, to attempt to get apprenticeship licenses under which they could
work for less than the minimum and thereby displace some sister
worker, or to get back a position from which they had been dismissed
by their employers when it was found they were not worth the wage.
Perhaps this is due in part to the fact that for years the average
woman worker—the one for whom the wage was established—has had
it ground into her that her services are only worth a few dollars a week
and she therefore does not realize the value of her labor, or it may be
another indication of that tendency which prompts some women to
defeat the spirit of the eight-hour law by working for more than one
employer on the same day, yet the wave of disapproval which swept
the ranks of the women workers when the commission’s wage orders
were first becoming effective—disapproval born of fear that they
would lose their employment—has since been dissipated as the women
workers have seen none of the evils predicted accomplished.
That there has been no leveling of wages will be quickly seen from a
study of the tables hereinafter published, when it will be also discov
ered that in reality the obverse is true and that the whole wage stand
ard, together with the standard of employment and discipline has been
raised. That the number of women employed in this State has not
been reduced more than the existing business conditions would war
rant, is fully substantiated by that survey. That the number of
women replaced by apprentices or minors or some other workers is so
small as to be ai\ absolutely negligible factor in the situation, can be
realized when it is stated that the total number of minors and appren
tices combined, in mercantile establishments, only equals the per
centage established by the commission for the number of apprentices
alone that would be permitted—17 per cent—from which fact it can
be quickly seen why the commission is not greatly concerned over this
feature of the establishment of the minimum-wage law.
Cost of L iv in g .
In carrying the minimum-wage law into effect the commission
endeavored to place the question of the cost of living before the several
conferences in such a manner as to invoke the fullest discussion and
M INIM UM-W AGE LEGISLATION---- UNITED STATES.
81
deliberation upon every possible item of the necessities of life required
by a woman wage earner. It did this, not only because of the nature
of the question itself, but principally because of the plain instructions
of the law which made it n e c e s s a r y to delve into the question to the
remotest detail to reach the conclusion it presumed. The tenor of the
law is boldly set forth in its second section: “ It shall be unlawful to
employ women workers in any industry within the State of Wash
ington at wages which are not adequate for their maintenance,” and
this is enforced by the requirements of section 3, which defines the
duties of the commission in the following language: “ There is hereby
created a commission * * * to establish such standards of wages
and conditions of labor for women and minors employed within the
State of Washington as shall be held hereunder to be reasonable and
not detrimental to health and morals and which shall be sufficient for
the decent maintenance of women.”
There could be no mistaking such language. It made absolutely
plain the policy that should govern the commission and its conferences
m determining the lowest wages that could be paid in those industries
employing female labor. The “ reasonable” requirements for the
maintenance of a self-supporting woman were the basis upon which
the minimum was to be fixed, ana while it does not specifically mention
that the class of women workers to be considered in making determi
nations must be self-supporting, it can not be construed by the widest
stretch of the imagination that the legislature contemplated that
consideration should be given to any support that might be forth
coming from any source other than the occupation in which women
are engaged as wage earners, for if it did the law would do the selfdependent woman no good, and it was for her that it was designed.
Given this policy to follow, the commission set about gathering the
vast amount of information necessary. Three distinct methods were
followed: Some 30,000 blank forms were either mailed or distributed
personally to as many employers and employees, requesting estimates
as to the cost of living in the different localities in which they lived,
as contemplated by the 30 different items entering into the reason
able annual expenses of a self-supporting woman; personal investiga
tions were made by members of the commission and by several paid
investigators; and, lastly, 16 informal conferences were held at
various points in the State with employers and employees in the mer
cantile, manufacturing, and laundry industries. In this way a vast
amount of detailed information concerning these industries, together
with the telephone and telegraph, hotel and restaurant, fruit and fish
canning, and general office occupations, was collected and compiled,
* * * . Special emphasis was placed in all the investigations upon
the cost of room and board, necessarily the largest single item of expense
and the one most difficult for those of limited means. One of the first
facts learned was, of course, that this cost varies in different portions of
the State because of different climatic conditions and other influences,
and also between large and small cities and between these and rural comout the State and in all localities. Because of this feature of the law
one inxportant question is still unsatisfactorily determined: Should
the girl living in the smaller town, where some items of expense for
82843°—Bull. 167—15------6
82
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
the city girl, notably street-car fare, are absent and where the others
may perhaps be less, receive the same wage as the girl who lives in the
city ? There was only one way to meet the situation, and that was
to determine an average of expense between the city and the smaller
community and to fix the wage at that amount.
The statistics on this subject, as far as it was possible to obtain
them, were gathered from the women workers themselves, with
special inquiry always as to room and board. The survey also
included such other items as the cost of shoes and rubbers, repairing
of shoes, stockings, underwear, petticoats, suit, coat, dresses and
aprons, shirt waists, handkerchiefs, corsets, corset waists, gloves,
neckwear, hats, umbrellas, repair of clothing, laundry, medicine
and dentistry, street-car fare, newspapers and magazines, stationery
and postage, association dues, insurance, vacation expenses, amuse
ments, church and other contributions, and incidentals. All this
information was compiled and published, * * * and copies of it
were sent to all the members of the different conferences, each of
whom, in turn, presented to the formal conference his or her estimate
of the proper allowance for the different items entering into a woman’s
annual expenditure. No item was omitted and every condition of
each industry that might influence the cost of living among its workers
was considered.
Whether a girl employed as a saleslady required more for clothing
than a factory worker; whether the woman who stands on wet con
crete floors all day ironing in a laundry needs a greater allowance for
shoes than either the saleslady or the factory worker; whether the
waitress is entitled to more for her laundry than other employees in
the same industry or other occupations, are samples of the more or
less perplexing questions which necessarily must be satisfactorily
determined before a proper minimum wage can be fixed. Hundreds
of these queries arose in each conference and as the task of deciding
them devolved upon these conferences, the responsibility was grave.
That the conferees so regarded, even when first confronted with the
request to participate in them, became immediately clear to the
commission when it experienced difficulty in obtaining representa
tives to accept the important trust, and this was particularly true
of the employees, who apparently felt most keenly the responsibility
of assisting to determine the wages their sister workers should receive.
Truth demands the statement, too, that among some of the employees
there at first appeared a little of that hesitancy which is produced
by fear that they personally might suffer in some way from their
participation in the conferences, such treatment, perhaps, as the
laundry girl in Seattle received when she was discharged by her
employer after she had been a member of the first laundry and dye
works conference, and this fear is not yet wholly dispelled, though
the commission promptly and vigorously prosecuted the laundry
girl’s employer and obtained his conviction, and will do so again, if
necessary.
It was no inconsiderable task, therefore, to obtain the members
for each of the seven conferences that were called, but after the
first two or three had been held the process was not quite so difficult.
In each of them, of course, this question of the cost of living was the
preeminent issue, and each of them handled the question a little
differently, the action of the first having no bearing on the second,
M INIM UM -W AGE LEGISLATION---- UNITED STATES.
83
or the second 011 the third, or so on. Each was an independent organ
ization, called to decide its own problems, to estimate its own cost,
and to fix its own wage with reference to that cost, and this fact will
account in great measure for the variations in the allowances for
different items on the schedule, as shown in the combined table.
In each conference the estimates submitted by the employing and
employed members were discussed and compared in open conference
of all nine members, and then usually a committee composed of one
from each of the three groups—employers, employees, and the
public—took these estimates in each instance and by further discus
sion, comparison, and compromise reached a conclusion on each item,
if possible, or at least on the allowance which should be made for all
the items and it was on that allowance that the minimum wage was
based. So it can be seen that the final decision in each conference
was the outcome of nine persons’ deliberations and not the whim of
a siiigle one or the contention of a single group. * * * The com
bined results of all the conferences are given in the table published
below. * * * There will be noticed wide variations in the allow
ance for the same item in different occupations, and these can be
explained almost entirely by the demands of the various occupations
and partly by the fact that the conferees were only human, their
estimates merely their own personal opinions, their decision their
own best judgment. The industrial welfare commission, realizing
this, perforce accepted the judgment of the conferences, except in
one instance where it was evident that something other than consist
ent judgment entered into the decision, and established the wages as
the conferences recommended. * * *
AVERAGE ANNUAL COST OF ;LIVING OF SELF-SUPPORTING WOMEN AS ESTIMATED
B Y SIX WASHINGTON MINIMUM-WAGE CONFERENCES.
Women employed in specified industries.
Item.
Hotel
and
restau
rant.
Office.
Average
of all
confer
ences.
Mercan
tile.
Factory.
Laun
dry.
Tele
phone
and tele
graph.
Meals and room..........................
Shoes and rubbers......................
Repairing of shoes......................
Stockings....................................
Underwear..................................
Petticoats...................................
Suit.............................................
Coat.............................................
Dresses and aprons....................
Shirtwaists................................
Handkerchiefs............................
Corsets........................................
Corset waists..............................
Gloves.........................................
Neckwear...................................
Hats...................... 1...................
Umbrella....................................
Repair of clothing......................
Laundry.....................................
Medicine and dentistry.............
Street-car fare.............................
Newspapers and magazines.,
Stationery and postage..............
Association dues.........................
Insurance....................................
Vacation expenses......................
Amusements..............................
Church and other contributions.
Incidentals.................................
$302.92
7.12
3.42
2.17
3.77
2.17
17.63
10.23
14.53
4.38
1.16
2.17
1.24
2.33
1.00
6.75
1.40
3.83
21.07
25.42
32.39
11.00
4.84
3.78
3.05
10.54
9.86
5.12
4.71
$242.09
7.98
1.46
2.38
4.37
4.13
21.36
11.34
10.81
4.97
1.68
4.27
1.89
2.48
1.54
7.00
2.20
4.41
15.82
17.50
26.84
3.06
4.48
5.98
7.56
14.28
10.99
5.39
14.54
$254.75
10.45
2.20
2.75
5.42
4.33
25.16
17.25
11.73
6.75
1.07
4.75
2.41
2.87
1.00
10.00
1.37
2.25
10.81
12.33
30.95
2.83
2.25
2.41
7.28
9.66
7.41
4.90
10.66
$266.93
12.23
1.55
3.32
5.17
3.48
21.24
10.48
10.19
10.17
1.85
3.82
1.56
4.48
1.02
12.39
1.30
2.24
8.30
9.89
28.93
2.65
2.98
1.40
1.12
9.17
12.10
4.88
13.16
$286.46
11.71
2.06
4.45
6.26
4.71
28.37
16.14
25.44
14.60
1.84
7.36
2.97
3.80
1.80
9.81
1.67
2.38
59.93
11.82
13.05
4.07
2.91
5.71
3.80
13.56
7.23
4.60
13.49
$286.38
9.66
1.36
2.10
4.48
4.00
22.84
15.23
19.33
4.80
1.52
3.68
2.12
3.04
1.92
9.37
1.36
4.64
14.42
12.82
27.59
3.68
4.19
1.07
12.66
16.02
11.21
7.69
10.82
$273.25
9.86
2.01
2.86
4.91
3.80
22.77
13.45
15.34
7.61
1.52
4.34
2.03
3.17
1.38
9.22
1.55
3.29
21.73
14.96
26.62
4.55
3.61
3.39
5.91
12.21
9.80
5.43
11.23
T ota l................................
520.00
462.80
468.00
468.00
572.00
520.00
501.80
84
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
M in im u m -w a g e Conferences.
Practically the entire work of the commission to date is summa
rized in the six industrial conferences held since March 31,1914, whose
recommendations have resulted in the establishment of the minimum
wage in all but one of those industries and the issuance of obligatory
orders governing the conditions under which women and minors are
permitted to work in those occupations. That, of course, was the
real work of the commission and its action as set forth in this portion
of the report is the result of all the preliminary investigations, surveys,
informal conferences, tabulations, and formal conferences of the past
two years.
Parenthetically it might be stated here that the commission has
found it impossible in so short a time to establish these standards in
all of the industries of the State and so has directed its energies toward
putting the law into operation in the most important and most gen
eral occupations. Furthermore, so far as the fish canneries are con
cerned, the commission’s investigations have developed the fact that
the experienced women workers in those industries are already receiv
ing a living wage; that the enactment of a minimum wage there would
consequently affect none of them; and also that, inasmuch as these
industries operate only a portion of the year, no women workers are
dependent upon them for their living the year round. Consequently
the commission has thus far taken no action regarding them.
The commission’s investigations of the six leading industries of the
State employing female labor did, however, reveal the necessity of
the application of the minimum wage to them and the respective
conferences were therefore called. Upon the commission the law
placed the responsibility of determining the rules and regulations
to govern the selection of the conferees and the mode of procedure
for conducting the conferences, and in settling the latter point it
immediately adopted the regular parliamentary form. In determin
ing the personnel of the conferences, the commission decided there
should be three conferees representing employees in the industry
concerned, three representing employers, and three disinterested
persons to act on behalf of the public. As elsewhere stated, the com
mission immediately encountered considerable difficulty in selecting
the members of the conferences, especially those representing the
employees, who hesitated about serving for fear they might lose their
positions. The result was that the commission had to take into
consideration as many as 50 or 60 persons in arranging for each con
ference, and a great amount of time was consumed in investigating
the qualifications of all those suggested, each member of the com
mission nominating three or more persons whom they knew person
ally or by reputation or with whom they had come into contact dur
ing the preliminary work, for each place in each conference. From
these the final selections were made, alternates also being designated,
and proceeding in this manner the various formal conferences were
called.
The important features of them are as follows:
Mercantile Establishments.
The first formal conference concerned the mercantile industry
and was held in the senate chamber of the capitol March 31 and
MINIMUM-WAGE LEGISLATION— UNITED STATES.
-8 5
April 1, 1914. It was attended by all the members of the commis
sion and the following conferees:
Employers’ representatives.—Messrs. J. L. Paine, Spokane; W. M. Cuddy, Tacoma;
and George J. Wolff, Aberdeen.
Employees’ representatives.—Mrs. Elizabeth Muir, Tacoma; Mrs. Florence Locke,
Seattle; and Miss Mayme Smith, Spokane.
Public’s representatives.—Mrs. Frances C. Axtell, Bellingham; Prof. W. G. Beach,
University of Washington; and Mr. J. D. Fletcher, Tacoma.
After a full and harmonious discussion of all the details involved,
the conference unanimously recommended that the commission (1)
adopt a minimum wage of $10 per week in mercantile establishments;
(2) that such concerns be required to allow their female employees
the period of one hour for noon luncheon; and (3) that the commission
issue such obligatory orders as in its judgment were necessary to
provide proper toilet facilities, rest rooms, and ventilation in mercan
tile establishments where women are employed.
Acting upon these recommendations, the commission, on April
28, 1914, issued the following obligatory order as applying to mer
cantile establishments, effective June 27, 1914:
I. W. C.
O rder
No. 1, A p r i l 28, 1914.
To whom it may concern:
T a k e N o t i c e . —That pursuant to the authority in it vested by chapter 174 of the
Session Laws of the State of Washington for 1913, and pursuant to the recommendations
of the conference of representatives of employers and employees in the mercantile
occupation, together with representatives of the public, duly held after investigation
of said occupation, which said recommendations were duly approved by said industrial
welfare commission:
The Industrial Welfare Commission for the State of Washington does hereby order
that—
(1) No person, firm, association, or corporation shall employ any female over the
age of 18 years in any mercantile establishment, at a weekly wage rate of less than $10,
any lesser wage rate being hereby declared inadequate as to such employees to supply
the necessary cost of living and maintain them in health.
(2) Not less than one hour shall be allowed for noonday luncheon to any female
employee in any mercantile establishment, such requirement being demanded for the
health of such employees.
(3) Every mercantile establishment where females are employed shall be provided
with a toilet separate and apart from any toilet used b y any male person, and such
toilet shall be properly ventilated and kept and maintained in a sanitary condition,
such requirements being demanded for the health and morals of such employees.
(4) Every mercantile establishment where females are employed shall be properly
heated and ventilated, and shall provide and maintain adequate facilities and arrange
ments, so that such employees may obtain rest when in a state of fatigue or in case of
illness.
This order shall become effective 60 days from the date hereof.
E d w a r d W. O l s o n , Chairmant
M rs . J a ck s o n S ilb a u g h ,
M r s . F l o r e n c e H. S w a n s o n ,
M . H. M a r v in ,
M r s . W. H. U d a l l ,
Industrial Welfare Commission for the State of Washington.
Attest:
Mrs. J a c k s o n S i l b a u g h , Secretary.
N o t i c e . —This order becomes effective June 27,1914. Your attention is respectfully
called to section 11, chapter 174, Session Laws of Washington 1913, which provides that
each employer affected by this order shall keep a copy posted in each room in which
women affected by this order are employed.
The probable terms and conditions affecting the employment of
minors and apprentices became the subject of an interesting and
86
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
lengthy discussion during this first conference. In fact, it appeared
for a time that a unanimous decision as to the recommendation for a
minimum wage could not be reached until these questions were deter
mined. However, when informed that according to the law these
questions must be determined by the commission and could not be
submitted to the conference, the latter confined itself to the recom
mendations noted above.
The commission then, proceeding as directed by the statute, issued
the following order with reference to the employment of minors,
effective on the same date:
I. W. 0.
O rder
No. 2,
A p r il
28, 1914.
That pursuant to the authority in it vested by chapter 174 of the Session Laws of
Washington for 1913, and after due investigation by said commission as to the wages
and conditions of labor of minors employed in the mercantile occupation, and the due
determination by said commission of the wages and conditions of labor suitable for
such minors:
The Industrial Welfare Commission for the State of Washington does hereby order
that—
(1) No person, firm, association, or corporation shall employ any person of either
sex under the age of 18 years in any mercantile establishment at a weekly wage rate
of less than $6, any less wage rate being hereby declared unsuitable in the premises.
(2) No person, firm, association, or corporation shall employ any person of either
sex under the age of 18 years in any mercantile establishment, after the hour of 7.30
o’clock after noon of any day, such requirement being hereby declared suitable in
the premises.
This order shall become effective 60 days from the date hereof (June 27, 1914).
Manufacturing Establishments.
The commission’s second formal conference concerned the manu
facturing industry and took place May 12 and 13, 1914, in the senate
chamber of the capitol, with all the members of the commission
present. The following-named persons constituted the conference:
Representing employers.—Messrs. Fred Krause, Spokane; O. B. Dagg, Seattle; and
O. 0. Fenlason, Hoquiam.
Representing employees.—Miss Emma Foisie, Seattle; Mrs. Belle Robair, Tacoma;
and Mrs. F. H. Lawton, Spokane.
Representing public.—Mrs. W. C. Mills, Tacoma; Mr. Edgar C. Snyder, Seattle; and
Prof. W. M. Kern, Walla Walla.
The following recommendations were made to the commission by
the conference: (1) That a minimum wage of $8.90 per week be
established; (2) that every manufacturing establishment where females
are employed should be properly heated and ventilated; and (3) that
adequate facilities and arrangements should be provided so that such
employees may obtain rest when in a state of fatigue or in case of
illness. Acting upon these recommendations the commission on
June 2 issued the following obligatory order, effective August 1:
I. W. C.
O rder
No. 3,
June
2, 1914.
(1) No person, firm, association, or corporation shall employ any female over the
age of 18 years in any factory establishment at a weekly wage rate of less than $8.90,
any lesser wage rate being hereby declared inadequate as to such employees to supply
the necessary cost of living and maintain them in health.
(2) Every manufacturing establishment where females are employed shall be
properly heated and ventilated, and shall provide and maintain adequate facilities
and arrangements so that such employees may obtain rest when in a state of fatigue
or in case of illness, such requirements being demanded for the health and morals
of such employees.
This order shall become effective 60 days from the date hereof (Aug. 1, 1914).
MINIM UM-WAGE LEGISLATION---- UNITED STATES.
87
The following order with reference to minors, effective on the
same date, was also issued by the commission:
I. W .
C.
O r d e r N o . 4 , J u n e 2 , 1914.
(1) No person, firm, association, or corporation shall employ any person of either
sex under the age of 18 years in any factory establishment at a weekly wage rate of
less than $6, any less wage rate being hereby declared unsuitable in the premises.
(2) No person, firm, association, or corporation shall employ any person of either
sex under the age of 18 years in any factory establishment after the hour of 7.30 o’clock
after noon of any day, such requirement being hereby declared suitable in the premises.
This order shall become effective 60 days from the date hereof (Aug. 1,1914).
Laundries and Dye Works.
On May 14 and 15, 1914, the commission held its first formal con
ference on the question of the application of the law to the laundries
and dye works of the State, and the following-named persons con
stituted the conference:
Representing employers.—Messrs. A. Jacobsen, Seattle; Frank Nixon, Raymond;
and W. J. Doust, Spokane.
Representing employees.—Mrs. Julia A. Wilson, Spokane; Mrs. Hilda O’Connor,
Seattle; and Miss Joanna Hilts, Seattle.
Representing public.—Mrs. R. C. McCredie, Sunnyside; Rev. R. H. McGinnis,
Tacoma; and Judge E. M. Day, B3llingham.
After a stormy discussion of the issues involved, the conference
made the following recommendation to the commission: That a mini
mum wage of $8.50 per week be established in all such industries
in the State.
The commission promptly rejected the recommendation, on May
15, by the following resolution:
Whereas the investigations of the commission reveal that the cost of living for
a woman employed in the laundry and dye-works industry in the State of Washington
requires more than the sum of $8.50 per week to maintain herself in health and com
fort; and
Whereas the conference on the laundry and dye-works industry held at Olympia
May 14 and 15 has recommended to this commission the above sum as the minimum
wage for such women workers: Therefore be it
Resolved, That this commission hereby rejects said recommendation.
The commission then proceeded to call another conference.
The members of the second laundry and dye-works conference
were entirely new. It met in the senate chamber of the capitol June
22 and 23, 1914, and was attended by all the members of the com
mission and the following conferees:
Representing employers.—Messrs. Frank T. McCullough, Spokane; A. Schmitz,
Seattle; and Charles Erholm, Bellingham.
Representing employees.—Mrs. Lou Grant, Seattle; Mrs. Eva Miles, Spokane; and
Miss Clara Sletsjoe, Seattle.
Representing public.—Mrs. Serena Matthews, Pullman; Rev. R. D. Snyder, Colfax;
and Prof. W. P. Geiger, Tacoma.
The conference recommended: (1) That a minimum wage of $9
week be established; (2) that the noonday lunch period be not
!>er
ess than one hour, except in laundries in which the employers on
request of two-thirds of the employees may have fixed a shorter
period: Provided, That no lunch period shall be shorter than 30
minutes; and (3) that separate lavatories and toilets, properly screened
and ventilated and kept at all times in a clean and sanitary condition,
be provided for the women workers.
88
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The commission rejected the recommendation regarding the lunch
period, upon receipt of an opinion from the attorney general that it
could not delegate such authority to employees. Acting upon the
other recommendations the commission issued the following obliga
tory order June 25, 1914, effective August 24, 1914:
I. W. C.
Order
No. 5,
Ju n e
25, 1914.
(1) No person, firm, association, or corporation shall employ any female over the
age of 18 years in any laundry or dye-works establishment, at a weekly wage rate of
less than $9, any lesser wage being hereby declared inadequate as to such employees
to supply the necessary cost of living and maintain them in health.
(2) Every laundry and dye-works establishment where both males and females
are employed shall provide suitable and proper wash and dressing rooms for such
employees, and shall provide separate water-closets for males and females, and all
such water-closets, wash and dressing rooms shall be properly screened and ventilated
and at all times kept in a clean and sanitary condition.
This order shall become effective 60 days from the date hereof (Aug. 24,1914).
By the authority in it vested the commission then issued the fol
lowing order with reference to the employment of minors, effective
on the same date:
I. W. C.
Order
No. 6, J u n e 25, 1914.
(1) No person, firm, association, or corporation shall employ any person of either
sex under the age of 18 years in any laundry or dye-works establishment at a weekly
wage rate of less than $6, any lesser wage rate being hereby declared unsuitable in the
premises.
(2) No person, firm, association, or corporation shall employ any person of either
Bex under the age of 18 years in any laundry or dye-works establishment after the
hour of 7.30 o’clock after noon of any day, such requirement being hereby declared
suitable in the premises.
(3) No person, firm, association, or corporation shall employ any female under the
age of 18 years in the occupation of “ shaker” in any laundry establishment.
This order shall become effective 60 days from the date hereof (Aug. 24, 1914).
Telephone and Telegraph.
This conference, which was convened in the senate chamber
of the capitol at Olympia on June 26 and 27, 1914, was composed
of the following-named persons: •
Representing employers.—J. M. Winslow, Everett; C. E. Munsell, Wenatchee; and
J. W. Newell, Seattle.
Representing employees.—Misses Zola McCoughlin, Tacoma; May Jenkins, Walla
Walla; and Gertrude Wallner, Bellingham.
Representing public.—Prof. Henry M. Hart, Spokane; Dr. Ella J. Fifield, Tacoma;
and Mrs. Helen Moore Bebb, Seattle.
A most peculiar situation developed in this conference, which did
not occur m any of the others, when it was found that the members
representing the public were wholly at variance with the other con
ferees as to the cost of living. This situation arose when it became
evident that the members representing the employees were inclined
to ignore the actual requirements of a self-supporting woman and
to join passively the employers in the contention that a great ma
jority of the girls employed in the industry were living at home,
part of their living expenses thus being borne by their parents. To
this argument the members representing the public strongly demurred,
contending that, should less than a living wage be established, the
parents would, as a matter of fact, be subsidizing the industry to the
extent of the deficiency. Consequently there was a spirited discus
MINIMUM-WAGE LEGISLATION---- UNITED STATES.
89
sion of the issues involved before the following recommendations
were made: (1) to establish a minimum wage of $9 per week; (2)
to require a lunch period of one hour; (3) that separate toilets,
ventilated and kept in a sanitary condition, be provided
{>roperly
or all female employees, and (4) that all establishments be heated
and ventilated and that adequate facilities and arrangements be
provided and maintained so that women employed may obtain rest
when in a state of fatigue or in case of illness.
The commission, accepting these recommendations, issued the
following obligatory order July 9, effective September 7, 1914:
I. W. C.
O r d e r N o.
7,
J u ly
9, 1914.
(1) No person, firm, association, or corporation engaged in the operation of a tele
phone or telegraph line shall employ any female over the age of 18 years in any estab
lishment in connection therewith at a weekly wage rate of less than $9, any lesser
wage rate being htereby declared inadequate as to such employees to supply the
necessary cost of living and maintain them in health.
(2) Not less than one hour shall be allowed for a luncheon period to any female
employed in any establishment used in connection with the operation of any tele
graph or telephone line, such requirement being demanded for the health of such
employees.
(3) Every establishment used in connection with the operation of any telephone or
telegraph line, where females are employed, shall be provided with a toilet separate
and apart from any toilet used by any male person, and such toilet shall be properly
ventilated and kept and maintained in a sanitary condition, such requirements
being demanded for the health and morals of such employees.
(4) Every establishment used in connection with the operation of any telegraph or
telephone line, where females are employed, shall be properly heated and ventilated,
and shall provide and maintain adequate facilities and arrangements so that such
employees may obtain rest when in a state of fatigue or in case of illness.
This order shall become effective 60 days from the date hereof (Sept. 7, 1914).
The commission also issued the following obligatory order with
reference to minors, on August 7, effective October 7, 1914:
I.
W.
C.
O r d e r N o . 9, A m e n d in g
I.
W.
C.
O r d e r N o . 8 , A u g u s t 7, 1914.
(1) No person, firm, association or corporation shall employ any person of either
sex under the age of 18 years in or in connection with any telephone or telegraph
establishment at a weekly wage rate of less than $6, any lesser wage rate being hereby
declared unsuitable in the premises: Provided, That this order shall not apply to
messengers, in third-class cities and towns, who are not continuously employed and
who are paid by piece rate for their services.
(2) No person, firm, association, or corporation conducting, operating, or main
taining any telephone, telegraph, or mercantile establishment, or any messenger or
parcel delivery service, shall employ any person of either sex under the age of 18 years
before 6 o’clock in the morning or after 9 o’clock in the evening of any day.
(3) Nor shall any person, firm, association, or corporation employ any person of
either sex under the age of 18 years in any telephone or telegraph establishment
before 6 o’clock in the morning or after 9 o’clock in the evening of any day.
This order shall become effective 60 days from the date hereof (Oct. 7,1914).
Hotels and Restaurants.
The only formal conference whose recommendations have not yet
been adopted by the commission was that for hotels and restaurants,
which was held December 1 and 2, 1914, with the following conferees:
Representing employers.—J. M. Hitchings, North Yakima; C. Allen Dale, Seattle;
and Frank Lynn, Tacoma.
Representing employees.— Mrs. Amelia Berry, Seattle; Mrs. Emma Wilson, Tacoma;
and Mrs. Fred Regime, North Yakima.
Representing public.— W. D. Lane, Seattle; Miss Janet Moore, Olympia; and Senator
Walter S. Davis, Tacoma.
90
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
After a considerable discussion prompted by the various occupa
tions embraced by the industry, the conference made the following
recommendations:
(1) That a minimum wage of $11 per week for waitresses and $9 a week for all other
employees be established; (2) that no more than $3.50 per week be deducted from these
sums for board and no more than $2 per week for room, and that where both board and
room are furnished, not more than $5 be deducted; (3) that separate toilets be provided
for all woman workers and that such toilets be properly ventilated and maintained in
a sanitary condition; (4) that where special uniforms are required, they shall be fur
nished and laundered by the hotel or restaurant, and (5) that the employment of girls
in cigar stands or at cigar counters be prohibited.
Before any action was taken on these recommendations the com
mission received a formal protest from the Washington Hotel Men’s
Association against the $9 wage for all employees except waitresses
and also a protest from the cigar-stand girls then at work, against
the prohibition on their employment, as recommended by the con
ference. The commission granted the hotel men a hearing December
29, 1914, when they were represented by their attorney, Thomas B.
McMahon, of Seattle, and by A. C. Mitchell, secretary of the associa
tion. At this hearing more time was asked by the hotel men and
the request was granted. Investigation of the recommendation
with reference to cigar-stand girls developed the fact that the com
mission could not legally prohibit the employment of women of
mature age in a lawful occupation and that the proposed action was
therefore beyond its province. Pending the furthor hearing requested
by the hotel men, the commission is also pursuing an investigation
of the $11 wage recommended for waitresses.
Office Employees.
The commission’s last formal conference prior to the compilation
of this report concerned the various clerical occupations embraced
in general office work and was held in the senate chamber of the
capitol at Olympia, December 3 and 4, 1914, and was composed of
the following persons:
Representing employers.—Harry L. Parr, Olympia; G. F. McAulay, North Yakima;
and Frank S. Bayley, Seattle.
Representing employees.—Miss Gertrude E. McComb, Seattle; Mrs. Ethel Y. Carl
son, Tacoma; and Miss Blanche Crimp, Ellensburg.
Representing public.—Mrs. Elwell Hoyt, Tacoma; Prof. J. H. Morgan, Ellensburg;
and Mrs. Margaret C. Munns, Seattle.
After an interesting discussion of the subject of suitable apparel
for women in business offices, in which employer and employee sub
mitted practically the same estimate for annual expenditures, the
conference recommended the establishment of a minimum wage of
$10 per week for all clerical occupations. It also recommended that
not less than one hour be allowed for noonday luncheon, and these
recommendations were adopted by the commission at its meeting on
December 21, 1914, and the orders issued were made effective Feb
ruary 20, 1915.
I.
W. C.
O rder
No. 10,
D ecem ber
21, 1914.
(1) No person, firm, association, or corporation shall employ any female over the
age of 18 years as a stenographer, bookkeeper, typist, billing clerk, filing clerk, cashier,
checker, invoicer, comptometer operator, or in any clerical work of any kind in any
establishment whatsoever, in which a minimum-wage rate applicable to such employee
has not heretofore been established, as provided by law, at a weekly wage rate of iess
MINIM UM-W AGE LEGISLATION---- UNITED STATES.
91
than $10, any lesser wage rate being hereby declared inadequate as to such employees
to supply the necessary cost of living and maintain them in health.
(2) Not less than one hour shall be allowed for noonday luncheon to any female
employee specified in paragraph (1) hereof, such requirement being demanded for
the health of such employees.
This order shall become effective 60 days from the date hereof (Feb. 20, 1915).
I . W . C. O r d e r N o .
11,
D ecem ber
21, 1914.
(1) No person, firm, association, or corporation shall employ any person of either
sex between the ages of 16 and 18 years in the occupation of stenographer, book
keeper, typist, billing clerk, filing clerk, cashier, checker, invoicer, comptometer
operator, or any clerical office work of whatsoever kind at a weekly wage rate of less
than $7.50, any lesser wage rate being hereby declared unsuitable m the premises.
(2) No person, firm, association, or corporation shall employ any person of either
sex under the age of 16 years in the occupation of stenographer, bookkeeper, typist,
billing clerk, filing clerk, cashier, checker, invoicer, comptometer operator, or any
clerical office work of whatsoever kind at a weekly wage rate of less than $6, any lesser
wage rate being hereby declared unsuitable in the premises.
This order shall become effective 60 days from the date hereof (Feb. 20, 1915).
This was the only one of the six conferences in which members
representing the disinterested public were not called upon to exer
cise their mission of compromise in order to bring the employer and
employee closer together in their estimates. It was the only one
of the conferences, too, in which at least one committee composed
of one member of the employers, one of the employees, and one of
the disinterested public, together with the chairman of the commis
sion, had not been appointed in an endeavor to secure a unanimous
agreement for the recommendation of a wage. The estimates of the
employers and employees in former conferences had sometimes
varied greatly, when the disinterested public by elimination or sug
gestion finally succeeded in effecting a compromise. In this con
ference no such service was required, since the employers recognized
the justice of the request made by the employees and willingly ac
ceded to it.
It is doubtful if a greater benefit has accrued from these confer
ences than the better understanding of the problems on the one hand
and the needs upon the other that has characterized the delibera
tions of all of them. Many who have come from different parts of
the State as strangers to each other to sit in these conferences have
admitted that only good has come from the honest and earnest con
sideration of the questions which affect alike the employer and em
ployee, and so the most hopeful phase of the whole vexing problem
may be found in the breaking up of old prejudices, the giving up of
hurtful customs, the recognition of justice, and the acceptance of
the larger viewpoint.
A p p re n tic e s h ip R u le s.
The Washington law makes special provision for the inexperienced
worker, so that the two classes of workers, experienced and inex
perienced, may be treated separately and the results thus far obtained
show the wisdom of this course. The section of the law covering
this question reads:
For any occupation in which a minimum rate has been established, the commission
through its secretary may issue to a woman physically defective or crippled by age
or otherwise, or to an apprentice in such class of employment or occupation as usually
requires to be learned by apprentices, a special license authorizing the employment
of such licensee for a wage less than the legal minimum wage; and the commission shall
92
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
fix the minimum wage for said person,* such special license to be issued only in such
cases as the commission may decide the same is applied for in good faith and that
such license for apprentices shall be in force for such length of time as the said com
mission shall decide and determine is proper.
The question of apprenticeship came up for discussion in each con
ference, though it was not formally presented to any of them by the
commission and, therefore, was not a subject for recommendation.
* * * In dealing with this difficult problem new paths are being fol
lowed since the commission is, to a great extent, pioneering as far as the
application of this important yet perplexing feature of minimum
wages is concerned. The system which is being painstakingly
worked out seeks to control the whole apprenticeship problem by the
granting of licenses to bona fide apprentices and by limiting the num
ber of apprentices in each establishment. This plan not only safe
guards the interests of the apprentice but protects as well the expe
rienced worker in the plant, and it is designed to eliminate the abuses
inherent to the apprenticeship question, which, if unchecked, would
result in weakening the whole mmimum-wage structure, for by limit
ing the number o f apprentices in each establishment a general dis
placement of skilled workers is prevented. In constructing this
policy each occupation in the different industries has been given
special investigation and consideration before determining the period
of indenture and the wage which shall apply to that particular
occupation.
That the apprentice may be paid according to the skill she acquires
in her advancement toward the minimum wage the terms of the
license provide an increase in wages at stated intervals, computed
according to the advancement of the average learner in her earning
capacity and based on investigations into the particular occupation
to which the license applies, the piecework system affording a prac
tical basis upon which, to make these adjustments. The degree of
skill required in each particular occupation is also a governing factor
in fixing the period of indenture. From the fact that the established
minimum wage is not intended to represent the maximum earning
power of a skilled worker, it must not be presumed that the period
of indenture allowed is intended to be the full term of apprenticeship,
but rather to be that period of time necessary to reach the point of
earning the minimum wage.
The gradual increase in wages as the apprenticeship proceeds is
designed to protect the apprentice from being discharged when her
term of indenture terminates, at which time she should graduate into
the minimum-wage class of workers. This method offers no injustice
to her employer as the adjustment is regulated according to her earn
ing ability, while it requires the most careful consideration of each
application for an apprentice’s license, sometimes personal investi
gation, but always thie closest scrutiny, since many who apply may
have already served their full period of apprenticeship for that par
ticular industry when the wage went into effect and sometimes seek
to hide that fact. Naturally, under these conditions, difficulties are
constantly being presented, which serve to increase the already com
plex situation. The commission is proceeding slowly that any defects
m the system which develop may Be remedied as the proper solution
appears, since the effectiveness of minimum-wage legislation is largely
dependent upon the manner in which apprenticeships are controlled.
MINIM UM-W AGE LEGISLATION---- UNITED STATES.
93
The mercantile industry lent itself most readily to the satisfactory
adjustment of apprenticeships, the governing policy determined for
that industry being defined m a circular issued April 28, 1914, effec
tive on June 27 following, and containing provisions as follows:
A p r il
28, 1914,
E ffe c tiv e June
27, 1914.
(1) Application for license must be made by the apprentice upon printed blanks
furnished; by this commission.
(2) No license will be issued for a longer period than one year.
(3) A wage of not less than $6 a week shall be paid to an apprentice -during the
first six months’ period of employment of such apprentice, and a wage of not less than
$7.50 a week shall be paid to an apprentice during the second six months’ period of
employment of such apprentice.
(4) No license shall be valid in any mercantile establishment where more than 17
per cent of the total number of adult female employees are apprentices, nor where
more than 50 per cent of such apprentices are receiving less than a weekly wage of
$7.50: Provided, however, That in mercantile establishments where less than six
females are employed one license will be valid.
Upon the expiration of the year’s apprenticeship, the licensee must
receive the minimum wage of $10 per week. The policy followed in
issuing the license does not confine its holder to any one occupation
unless she has entered it to learn some particular class of work, in
which case the length of her apprenticeship period is shortened
accordingly. It will thus be seen that the policy of issuing a license
for a year in the mercantile industry is designed to give the learner
an opportunity to become sufficiently experienced m the different
occupations involved to enable her to command the minimum wage
at the expiration of that time.
In such occupations as millinery, hairdressing, manicuring, and
dressmaking, where the apprentice had been accustomed to pay for
the privilege of learning the trade, a three or four months' initial
apprenticeship period at a nominal wage is granted. This wage is
only sufficient to pay the learner's street-car fare and lunches, but
provides an advance at the end of that period and other increases
which gradually lead her into the legal minimum wage. This system
of apprenticeship will probably be the means of abolishing those
so-called trade schools sometimes run in connection with such estab
lishments, but will not apply to those exclusive trade schools which
are not operated for a profit and therefore do not sell their product.
In issuing licenses in these occupations the following policy governs:
Millinery and Dressmaking.
One year's apprenticeship divided into three periods as follows:
Seventeen weeks at $3 per week, 17 weeks at $5 per week, and 18
weeks at $7.50 per week.
Manicuring and Hairdressing.
One year's apprenticeship divided into four periods of 13 weeks
each: $1.50 per week for the first period, $4 per week for the second,
$6 per week for the third, and $8 per week for the fourth.
Telephones and Telegraphs.
An absolute policy was adopted with reference to apprentices in
telephone and telegraph establishments. The system previously in
operation in the larger exchanges was based on an apprenticeship
period of 18 months, but the commission, being convinced that 18
94
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
months was a longer apprenticeship term than seemed just, reduced
this to nine months, broken into two or four periods, owing to the
locality in which the exchange is operated.
The wage scale is practically identical with the old system, except
that the increases formerly made in 18 months must be completed
in nine months. The learner begins at $6 a week, receiving that for
the first three months; $6.60 per week for two months; $7.20 per
week for the following two months; $7.80 for the last two months,
and then $9 per week— the established minimum. In the smaller
exchanges the apprenticeship term is divided into but two periods,
the learner receiving $6 per week for the first four months and $7.50
per week for the last five months.
Laundries.
The commission adopted the following policy with reference to
apprentices in the laundering industry: Three months at $6 per
week and three months at $7.50 per week. It also determined that
no more than 25 per cent of the total number of females employed
would be allowed as apprentices; further, that no more than half of
those employed on the mangle machines may be apprentices, and that
the time required to learn to feed a mangle shall not be more than
two months.
The above limitations, however, have been taken advantage of by
laundrymen in but a very few instances, as the survey shows that
less than 8 per cent of the total number of laundry employees are
apprentices or minors. Many of the large establishments have dis
pensed entirely with apprentices, relying wholly on securing the
highest skilled help obtainable and paying the minimum wage or
over in all cases.
Factories.
Apprenticeships in the manufacturing industry present a problem
more intricate and far more difficult of satisfactory adjustment than
do the other industries, because of the multiplicity of occupations
involved.
Some of the occupations in this general industry require very little
skill or time to learn, while others need both mental and physical
adaptability to the particular work in question as well as a consider
able period of time m which to master their details. The piece-rate
plan of payment, which prevails in many factories, becomes an
important factor in solving the problem, in that the worker’s earning
ability is estimated by the number of finished pieces she is able to
turn out in a given time. Hence the amount found in the weekly
pay envelope depends, not only upon the accurate knowledge of each
intricate operation, but also the speed acquired by each indi
vidual worker. The fact that many of the manufacturing establish
ments of the State are not extensive enough to keep an entire force
of operatives employed continuously at the same kind of employment
compels many to become familiar with a number of different occu
pations, so that when work becomes slack in one department they can
be transferred to another. Because of this condition girls become
experienced in several, if not all, of the different departments of the
same industry, thereby becoming more skilled, although usually not
able to attain so great speed as when employed continuously in the
MINIM UM-W AGE LEGISLATION---- UNITED STATES.
95
same kind of work, and when such a condition prevails they are
required to serve a longer term of apprenticeship than when employed
in one particular occupation. It will be readily realized that the
almost endless number of occupations encountered in this industry
makes the determination of a specific term of apprenticeship both
unwise and unjust. It therefore became necessary for the commission
to investigate each occupation separately and to issue licenses based
upon the degree of skill required and the consequent time necessary
to become familiar with each occupation involved. In accordance
with this policy, licenses to apprentices in that industry range from
six weeks to one year, broken into two or more periods, beginning
with a wage of $6 per week and approaching the minimum of $8.90
through these various stages of advancement. Printed notices of
instruction with reference to granting of apprenticeship licenses were
issued as follows:
(1) Application for license must be made to the commission upon printed blanks,
which will be furnished on request.
(2) The application blank must be filled out and sent to the commission by the
employee ana not by the employer.
(3) The term of license and wage to be paid by the employer will be determined
by the commission, based upon previous experience of the applicant and the par
ticular occupation in which she will be engaged.
(4) If a license be granted to the applicant it will be effective from the date of the
application.
(5) Application blanks must be filled out in a complete manner or they will not be
considered.
Office Employees.
It may be assumed that a girl's public school or business college
course prepares her in large measure for service in general office work,
and therefore only the additional time necessary to become familiar
with the work of the particular establishment in which she is serving
her apprenticeship need be considered in issuing licenses in such
occupations. The general policy followed by the commission stipu
lates that licenses may be issued at a weekly wage rate of not less
than $7.50 and that the longest period of apprenticeship in any of the
office employments shall not be more than six months.
Effects o f M in im u m -w a g e L a w in W a s h in g to n .
To ascertain the effect of the fixing of minimum-wage rates in
Washington, the commission made a survey of some of the larger
establishments in three of the industries where minimum rates had
been put in force. The establishments covered in each survey were
deemed to be fairly representative of the industry to which they
belonged, and included all women and minors found on the pay rolls
of such establishments at certain dates before and after the fixing of
minimum rates.
The three industries covered in the commission’s survey are set
forth in the following tables, the figures having been obtained from
24 of the leading mercantile establishments, from 11 of the largest
laundries in the State, and from a number of the largest telephone
exchanges. They were taken from the regular pay rolls for the week
ending September 20, 1913, and for the corresponding week of 1914,
96
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
therefore showing the wage conditions before and after the law became
operative.
By a careful analysis of the results here given a conclusion as to
the general effect of such legislation may be reached, bearing in mind
always that the reports for 1914 were taken at a time of business
depression, when conditions did not afford the most favorable test.
Notwithstanding that fact, each industry covered records an increase
in the average wage paid.
The entire number of workers included in the report for 1913 is
4,894, as against 4,828 in 1914, or a decrease of 66. In mercantile
employment, 1914 shows a decrease of 87, and laundry employment a
decrease of 30, while in telephone employment there was an increase
of 51.
Since the mercantile and laundering industries are apt to respond
more quickly to the business pulse, it is safe to assume that the very
slight decrease in the number employed in 1914 was wholly due to
business conditions and not attributable to the establishment of the
wage. Were this decrease greater or were it to be found in those
groups of women receiving the minimum or over, the conclusion might
reasonably be attributed to the compulsory higher wage, but since it
occurs wholly within those groups receiving less than the minimum,
that contention can not be sustained. This conclusion is further
strengthened by the fact that had the establishment of the wage been
in any measure the cause, the decrease would have been very much
greater.
COMPARATIVE WAGES OF FEMALES AND MINORS EMPLOYED IN 24 MERCANTILE
ESTABLISHMENTS IN SEPTEMBER, 1913, AND SEPTEMBER, 1914.
Weekly wage.i
Total number
of females and
minors.
1913
$3.00....................
3.50....................
4.00....................
....................
5.00....................
5.50....................
6.00....................
6.50....................
7.00....................
7.50....................
8.00....................
8.50....................
9.00....................
9.50....................
10.00....................
10.50....................
11.00....................
11.50....................
12.00....................
12.50....................
13 00
13.50....................
20
50
18
72
2
254
4
311
48
490
44
441
4
370
13
72
8
355
16
22
37
1914
Females and
minors on pay
rolls of both
1913 and 1914.
1913
4
1
18
4.50 8
25
4
276
100
5
2
55
141
67
17
114
204
16
25
192
14
4
1,323
188
26
5
132
50
11
5
372
193
13
9
38
15
36
20
Weekly wage.1
1914
5
1
48
1
12
15
16
3
4
677
9
103
7
216
9
26
26
Total number
of females and
minors.
1913
$14.00..................
14.50..................
15.00..................
15.50..................
16.00..................
16.50..................
17.00..................
17.50..................
18.00..................
18.50.................. :
19.00..................
19.50..................
20.00..................
21.00 ..................
22.00..................
25.00..................
27.50..................
30.00..................
35.00.................
Over $35.00.........
Total..........
1914
60
2
164
2
27
15
14
26
65
4
5
4
57
3
23
37
7
9
9
5
42
6
194
3,189
* The minimum wage became effective June 27,1914.
Females and
minors on pay
rolls of both
1913 and 1914.
1913
1914
33
25
18
33
57
5
5
6
71
1
23
42
3
10
6
10
41
1
100
1
19
10
10
17
38
3
3
4
38
2
16
27
3
7
6
4
31
3
114
2
24
22
13
18
35
3
4
5
53
1
17
31
3
9
6
4
3,102
1,571
1,571
M INIM UM -W AGE LEGISLATION— UNITED STATES.
97
According to the above table, out of the total of 3,189 women and
minors found on the pay rolls in September, 1913, 1,571, or 49.2 per
cent, were still employed in September, 1914, three months after the
minimum-wage determination became effective in that industry.
Comparing the wages received in 1914 with those received in 1913, it
is seen that 636 employees had been advanced to the $10 legal mini
mum wage, and of those receiving more than $10 per week in 1913,
147 had been advanced to a higher wage in 1914, making a general
increase to 783 employees, or 49.8 per cent of the total shown.
COMPARATIVE WAGES OF FEMALES AND MINORS EMPLOYED IN 11 LAUNDRIES IN
SEPTEMBER, 1913, AND SEPTEMBER, 1914.
Weekly wage.i
Total number
of females and
minors.
1913
1914
Females and
minors on pay
rolls of both
1913 and 1914.
1913
Weekly wage.1
1914
1913
$9.75.....................
$ 6.
6.
6.
6.
7.
7.
7.
7.
8.
8.
267
9
47
Total number
of females and
minors.
1914
Females and
minors on pay
rolls of both
1913 and 1914.
1913
1914
10.50.....................
11.00.....................
11.50.....................
12.00.....................
12.50.....................
13.00.....................
13.50.....................
14.00.....................
14.50.....................
15.00 and over___
8
63
16
42
8
49
7
19
5
12
5
37
5
50
25
35
5
61
12
26
8
11
3
25
1
29
4
21
3
27
3
13
4
6
3
26
2
25
10
24
3
31
* 6
15
7
9
2
23
Total..........
665
635
260
260
1 The minimum wage became effective Aug. 24,1914.
According to the above table, out of a total of 665 women and
girls found on the pay rolls of 11 establishments in 1913, 260, or 39
per cent, were still employed in September, 1914, after the minimum
wage had become effective in that industry. In 1913 there were 286
women receiving less than $9, while in 1914 only 46 received less
than that amount. These 46 girls were either minors or apprentices.
In 1913, 66 girls were receiving $9, while in 1914, after the minimum
wage became effective, this number was increased to 267. In 1913
only 379 women were receiving $9 or more, while in 1914 there were
589 receiving this amount.
82843°—Bull. 167—15------7
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
98
COMPARATIVE WAGES OF FEMALES AND MINORS IN TELEPHONE EMPLOYMENT
IN SEPTEMBER, 1913, AND SEPTEMBER, 1914.
Weekly wage.1
Total number
of females and
minors.
1913
$6.00
1914
62
3
13
90
6.30
6.60
6.90
7.20
7.50
7.80
8.10
8.40
8.70
9.00
9.30
9.60
52
23
12
58
12
106
27
66
86
74
64
92
55
12
28
7
12
129
Females and
minors on pay
rolls of both
1913 and 1914.
1913
Weekly wage.1
1914
Total number
of females and
minors.
1913
$9.90..........
10.20..........
10.5 0
10.80..........
11.10.......
11.40..........
11.70..........
12.00..........
12.5 0
13.00..........
Over $13.00
28
110
18
30
9
22
15
21
1914
Females and
minors on pay
rolls of both
1913 and 1914.
1913
1914
282
126
42
49
31
20
19
28
12
3
138
109
33
34
15
18
17
23
11
2
34
2
Total.
1,040
1,091
565
565
1 The minimum wage became effective Sept. 7,1914.
According to the above table, out of a total of 1,040 women and
girls found on the pay rolls in September, 1913, 565, or 54.3 per cent,
were still employed in September, 1914, after the minimum wage had
become effective in that industry. In 1913 there were 539 girls
receiving less than $9, while in 1914 only 230 were employed at so
low a rate. These were all minors or apprentices. In 1913 only 64
girls were receiving $9 per week, while in 1914, after the minimum
wage became effective, this number was increased to 129. Out of a
total of 539 girls, 309, or 57.3 per cent, had been advanced to the mini
mum or over, the number receiving $9.90 in 1913 having been
increased from 28 to 282 in 1914. In 1913 there were 437 girls
receiving over $9, while in 1914 this number was increased to 732.
Opinions of the Attorney General.
O lym pia , W a sh ., October 24,1918.
Hon. E. W. O lson ,
Chairman o f the Industrial Welfare Commission, OlympiM, Wash.
D ear S i r : I am in receipt of your letter as follows:
I desire to obtain your opinion upon the following points, relative
to the powers of the Industrial Welfare Commission for the State of
Washington, as established by chapter 174, Laws 1913, State of
Washington:
(1) In the event that any conference called b y the commission shall find the health
or morals of women or minors to be perniciously affected by the employment of said
women or minors in any industry (a) for a number of hours per aav or week not
specifically prohibited by the eight-hour law, or (b) during a period of each 24 hours
not at present specifically prohibited by law; and in the event that such conference
shall recommend to this commission that such number or arrangement of hours be
changed, does the power reside in this commission to issue an obligatory order em
bodying such recommendation?
(2) In the event that the cost of maintenance for women workers shall be found to
vary in different parts of the State, does the power reside in this commission, upon
the recommendation of any conference, to issue an obligatory order which shall
specify different wage minimums in different parts of the State for women workers
in the same industry or occupation?
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
99
First. In my opinion chapter 174 of the Laws of 1913 does not
repeal chapter 37 of the Laws of 1911, commonly known as the “ eighthour law for women.” It would seem, therefore, that the com
mission has no power to issue an obligatory order embodying a rec
ommendation of a conference as to the number of hours per day or
week, or the number of hours within any 24 hours, women may be
employed, where such women are within the terms of the eighthour law.
Second. From a careful reading of chapter 174, supra, it is my
opinion that any order fixing a minimum wage for women must be
general throughout the State as to the particular trade or industry
affected.
These questions, however, are by no means free from doubt, and
if it is deemed advisable to enter orders in conflict with the con
clusions above stated, I would suggest that such orders be entered,
and the matter of the determination of their validity be left to the
courts.
Yours respectfully,
W . V . T an n er,
Attorney General.
O ly m p i a , W a s h . , January 1 8 ,1 9 1 4 •
Hon. E. W. O l s o n ,
Chairman Industrial Welfare Commission, Olympia, Wash.
D ear S i r : Y ou have requested the opinion of this office upon the
following question:
Does the power reside in this commission, in pursuance of the duties imposed upon
it in section 10 of chapter 174, Laws of 1913, to determine and define what shall con
stitute an occupation, trade or industry?
Section 10, chapter 174, Laws of 1913, provides in part as follows:
If, after investigation, the commission shall find that in any occupation, trade or
industry, the wages paid to female employees are inadequate to supply them necessary
cost of living and to maintain the workers in health, or that the^ conditions of labor
are prejudicial to the health or morals of the workers, the commission is empowered
to call a conference composed of an equal number of representatives of employers
and employees in the occupation or industry in question, together with one or more
disinterested persons representing the public; but the representatives of the public
shall not exceed the number of representatives of either of the other parties; and a
member of the commission shall be a member of such conference and chairman
thereof. * * *
No particular classification being directed by statute, it follows
that the commission is authorized to exercise a reasonable discretion
in making proper classifications for the purposes of investigations
and conferences.
You are advised that the commission has authority to make
investigations and to determine and define, within reasonable
bounds, what shall constitute an occupation, trade, or industry for
the purpose of investigations and conferences. We must not be
understood ,as advising that the commission is authorized to make,
or is justified in making, arbitrary classifications or distinctions, so
as to include within such classifications or definitions, occupations,
trades, or industries having obviously no reasonable relation one to
the other.
Yours respectfully,
S c o t t Z. H e n d e r s o n ,
Assistant Attorney General.
100
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
O ly m p i a , W a s h . , January IS, 1914.
Hon. E. W. O l s o n ,
Chairman Industrial Welfare Commission, Olympia, Wash.
D ear Sir : We are in receipt of your request, which is as follows:
I desire to request from you whether or not Under the provisions of section 13, chap
ter 174, Laws of 1913, it shall be necessary for this commission to submit to a confer
ence for its recommendations the question of the adoption of rules to be followed in
issuing through the secretary of the commission to a woman physically defective or
crippled by age or otherwise, or to an apprentice in such class of employment or
occupation as usually requires to be learned by apprentices, a special license author
izing the employment of such licensee for a wage less than the legal minimum wage.
Section 13, chapter 174, Laws of 1913, provides:
For any occupation in which a minimum rate has been established, the commission
through its secretary may issue to a woman physically defective or crippled by age
or otherwise, or to an apprentice in such class of employment or occupation as usually
requires to be learned by apprentices, a special license authorizing the employment
of such licensee for a wage less than the legal minimum wage; and the commission
shall fix the minimum wage for said person, such special license to be issued only in
such cases as the commission may decide the same is applied for in good faith and
that such license for apprentices shall be in force for such length of time as the said
commission shall decide and determine is proper.
No reference is made in said section to a conference, and nowhere
in the act is there provision made for submitting to the conference
for its recommendation the question of the adoption of rules to be
followed with reference to the provisions of section 13, supra.
You are, therefore, advised that the matter of the license referred
to in said section is within the discretion of the commission, subject
to no condition with reference to recommendations of a conference,
except that a minimum rate must have been established for such
occupation.
Yours, respectfully,
S c o t t Z. H e n d e r s o n ,
Assistant Attorney General.
Regulations of Commission Governing Procedure of Conferences•
The Industrial Welfare Commission for the State of Washington,
duly appointed and qualified as provided by chapter 174 of the Ses
sion Laws of 1913 of the said State of Washington, having heretofore
made investigation as provided by law concerning the employment
of women and minors in the mercantile industry, the wages paid
said women and minors, and the conditions surrounding their work
and employment in said industry, and being fully advised in the
premises, folds as follows:
That in the said mercantile industry within the State of Wash
ington the wages paid to female employees in said industry are in
adequate to supply them necessary cost of living and to maintain
the workers therein in health, and tnat the conditions of labor therein
are prejudicial to the health and morals of the workers:
Therefore, by virtue of the authority conferred upon this commis
sion by law and in pursuance thereof, it is hereby ordered that a con
ference be called for the consideration of wages paid and conditions
of labor in said mercantile industry, said conference to be composed
of an equal number of representatives of employers and employees
M IN IM U M -W A G E LEGISLATION— UNITED STATES.
101
in said industry, together with an equal number of disinterested per
sons representing the public as hereinafter provided, the date of the
first convention of said conference to be fixed by this commission
after the representatives of said conference have been duly selected
as hereinafter provided.
The term “ commission ” shall mean the Industrial Welfare Com
mission of the State of Washington.
It is hereby further ordered that the following rules and regula
tions be, and the same are hereby, adopted as the rules and regulations
governing the selection of representatives and the mode of procedure
of said conference.
1. A conference shall consist of nine persons and a member of the
commission who shall be chairman of said conference, three to repre
sent the employers, three to represent the employees, and three to
represent the public. One of the members representing the public
shall be appointed by the chairman as chief interrogator. A mem
ber of the commission shall act as chairman of the conference.
2. The method of selecting members of the conference shall be as
follows:
Each member of the commission shall nominate and send nine
names to the secretary thereof. Three of these shall be employers
in the industry for which the conference is being called; three shall
be employees in said industry, and three shall be disinterested per
sons to represent the public. The secretary in turn shall then send
a complete list to each member of the commission for his or her in
vestigation, a period of at least one week being allowed for that pur
pose, after which the commission, sitting in regular session or any
special session of the commission called for said purpose, shall select
from among these names nine persons who shall constitute the con
ference, of whom at least one employer and one employee shall be
from that portion of the State east of the summit of the Cascade
Mountains.
3. After the selection of the members of the conference in each
industry as provided in the foregoing section, the commission shall,
from the names remaining, select nine alternates who shall have the
same qualifications for membership on the conference as the regu
larly selected members; these alternates to fill any vacancies that may
occur, according to a definite priority to be determined by the com
mission at the time of their selection.
4. A conference thus selected may, upon request by the commis
sion, be called together at any time ana place that the commission
may designate, provided that each member of said conference shall
be given at least 10 days' notice of such meeting and at the time of
serving such notice shall be provided with a copy of the report of the
findings of the commission in its investigation of the wages and con
ditions of labor of women and minors m the trade or industry for
which the conference is called, and shall serve until discharged by
the commission.
5. When the conference is called to order by the chairman, it shall
deliberate under parliamentary law, and no question shall be discussed
that is not germane to the conditions of labor or cost of living of
working women or minors as applied to that particular trade or indus
try. Roberts's Rules of Order shall govern.
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
6. The commission may at its discretion fill any vacancies that may
occur in its conferences.
7. The conference in its deliberations shall proceed on the principle
established by the commission that a minimum wage or condition of
labor of women and minors shall be general throughout the State as
to the particular trade or industry affected wherever same shall be
established.
8. The chair shall not permit the discussion of the question as a
whole until after each item of the cost of living has been taken up
in the order given in the estimate blanks prepared by the commis
sion, unless otherwise directed by a majority vote of the conference.
After proper deliberation and discussion of questions that have been
presented to the conference by the commission, the conference shall
then, upon request of the commission, proceed to make recommenda
tions upon such questions as the commission may designate.
9. The members of the conference so selected shall be paid their
actual traveling and hotel expenses while attending said conference
(out of the regular appropriation set aside by the legislature), pro
vided that evidence oi such expense be filed with the commission
and sworn to in the manner provided by law, and it is further pro
vided that before being allowed said expenses are to be approved by
the commission.
10. The secretary of the commission or a shorthand reporter shall
be present at each conference and shall record the minutes of the
meetings, and shall be ex officio secretary of said conference.
11. No member of the conference shall be entitled to speak more
than twice on any subject, or more than five minutes at a time,
except by unanimous consent of the conference.
12. The commission may amend, modify, or suspend, by a twothirds vote, any of the foregoing rules or regulations.
Dated at Olympia, Wash., March 10, 1914.
WISCONSIN.
The Wisconsin act came into effect permissively July 1, 1913, and
compulsorily July 1, 1914; that is, the law authorized the commission,
upon its own initiative, to undertake investigations for the purpose
of wage determinations after July 1, 1913, but directed that such
investigations must be taken up upon complaint after July 1, 1914.
Preliminary to the Wisconsin law becoming fully effective, the
commission undertook an investigation of wages, cost of living, etc.,
for female and minor employees. The results of this investigation
have not yet been published. A recent letter from the commission,
in response to an inquiry, states that the whole question has been
delayed because the commission is awaiting the action of the supreme
court on the Oregon law.
M IN IM U M -W A G E LEGISLATION---- UNITED STATES.
103
ATTITUDE OF THE AMERICAN FEDERATION OF LABOR ON
THE LEGAL MINIMUM WAGE.1
From the report we have given, it will be observed that the move
ment for a minimum wage for women and minors has gained consider
able headway in our country, and that sentiment in favor of a living
wage is rapidly crystallizing. That this growth of sentiment among
the people is due to the activities of the organized wage earners there
can oe no doubt. The organized labor movement has insisted from
the beginning upon the establishment of a living wage as a minimum,
and it has through the force of organized effort, succeeded in estab
lishing minimum wages and maximum hours of labor far superior to
those prescribed by the wage boards of other countries.
There is a marked difference, however, between the laws of other
countries and the laws enacted or proposed in various States in our
country. In England and in Australia authority is vested in wage
boards to fix minimum wages for men workers as well as for women
and minors; whereas in America these laws relate exclusively to
women workers and to minors. If it were proposed in this country to
vest authority in any tribunal to fix b ylaw wages for men, labor
would protest by every means in its power. Through organization
the wages of men can and will be maintained at a higher minimum
than they would be if fixed by legal enactment.
But there is a far more significant ground for opposing the establish
ment by law of a minimum wage for men. The principle that organ
ization is the most potent means for a shorter workday and for a
higher standard of wages applies to women workers equally as to men.
But the fact must be recognized that the organization of women
workers constitutes a separate and more difficult problem. Women
do not organize as readily or as stably as men. They are therefore
more easily exploited. They certainly are in a greater measure than
men entitled to the concern of society. A fair standard of wages, a
living wage for all employed in an industry, should be the first con
sideration in production. None are more entitled to that standard
than are the women and minors. An industry which denies to all
its workers and particularly denies to its women and minors who are
toilers a living wage is unfit and should not be permitted to exist.
We recognize, of course, that in our time legislation of this character
is experimental and that sufficient experience with it has not been
had to enable us to secure comprehensive and accurate information
as to its tendency and its effect upon wages and industrial conditions;
therefore, we recommend that for the information of the labor
movement the executive council be instructed to watch develop
ments where such legislation is in force and to record carefully the
activities, the decisions, and the trend of minimum-wage boards.
We recommend that in all minimum-wage laws the organized
workers should see to it that provision is made for the representation
on minimum-wage boards of the organized wage earners, and that the
laws are so changed or drawn and administered as to afford the largest
measure of protection to women and minor workers—those they are
designed to protect.
i From Report of Executive Council in Report of Proceedings of the Thirty-third Annual Convention
of the American Federation of Labor. Washington, 1913, pp. 63 and 64.
MINIMUM-WAGE LEGISLATION IN AUSTRALIA AND NEW
ZEALAND.1
INTRODUCTION.
The models and the experience upon which all of the minimum-wage
legislation in Great Britain and the United States are based are to be
found in the history of the movement in Australia (in Victoria,
especially) and New Zealand since the introduction of the system in
those countries, in Victoria in 1896 and in New Zealand in 1894.
Two systems based on different principles exist in Australia and
New Zealand for the regulation of wages and conditions of employ
ment. A wages-board system exists in Victoria and Tasmania,
and an industrial arbitration-court system in New Zealand and
Western Australia. In New South Wales and, since 1912, in Queens
land and South Australia the two systems are combined, wages or
industrial boards as well as industrial arbitration courts forming a
part of the system.
Under the wages-board system in Victoria the board determina
tions may be reviewed by the court of industrial appeals. In Tas
mania an appeal may be made to the supreme court. Under the
mixed system in existence in New South Wales the industrial boards
are under the control of the industrial court, and the awards of the
industrial boards may be reviewed by the court. A similar method
is followed in Queensland and South Australia. There is also an
arbitration court of the Commonwealth of Australia, which has power
to deal with wages. The power of the Commonwealth court, how
ever, is limited to matters extending beyond the limits of a single
State.
The chief aims of the wages-board system are to regulate wages,
hours, and conditions of employment by the decision of a wages
board or compulsory conference (called a special board) of representa
tives of employers and employees, presided over by a neutral chair
man. A determination of this board, unless disapproved by the
court on review, applies compulsorily to the entire industry and area
for which the board was created. The wages board is usually brought
into existence for any specified industry or group of industries by
petition or application, followed by authorization in a resolution of
Parliament. Under the industrial arbitration court system, the chief
purpose of which is the prevention and settlement of industrial dis1 This section is based largely upon a summary given in the Official Year Book of the Commonwealth of
Australia, No. 7,1914, pp. 920, et seq.
104
M IN IM U M -W A G E LEGISLATION— AUSTRALIA AND N E W ZEALAND. 1 0 5
putes, an industry does not come under review until a dispute has
actually arisen. Most of the acts, however, have given the president
of the court power to summon a compulsory conference. The scope
of the arbitration court’s authority is even broader than that of the
wages boards, applying to any industrial matters.
WAGES-BOARD SYSTEM.
The wages-board system was introduced in Victoria by the factories
and shops act of 1896. The original bill made provision only for the
regulation of the wages of women and children, but it was afterwards
amended in Parliament to extend the system to adult employees of
both sexes.
The act of 1896 made provision for the regulation of wages in six
sweated trades only. By an act of 1900 the operations of the law were
extended to include all persons employed, either inside or outside a
factory or workroom, in any trade usually carried on therein. The
act of 1907 extended the system to trades and businesses not con
nected in any way with factories, making provision for the appoint
ment of wages boards for metropolitan shop employees, carters and
drivers, and persons employed in connection with buildings or quarry
ing, or the preparation of firewood for sale, or the distribution of coal
or coke. The act of 1909 extended the system to the mining industry,
and those of 1910 extended the operation of the act to the shires.
Originally the wages board was elected, but the difficulty of com
piling electoral rolls led to the adoption of the simpler system of
nomination, which has proved satisfactory.
The board fixes the wages and hours of work and may limit the
number of improvers who may be employed (usually by prescribing
one to a certain number of journeymen employed). The board fixes
the wages of apprentices and improvers according to age, sex, and
experience, and may fix a graduated scale of rates calculated on the
same basis. Apprentices bound for less than three years are im
provers unless the minister sanctions the shorter term of apprentice
ship on account of previous experience in the trade. The minister
may sanction the employment of an improver over 21 years of age
at a rate proportionate to his experience. Workers in the clothing
trade must be paid piece rates. Manufacturers may, by leave of the
board, fix their own piece rates if calculated upon the average wages of
time workers as fixed by the board. Licenses for 12 months to work
at a fixed rate lower than the minimum rate may be granted by the
chief inspector of factories to persons unable to obtain employ
ment by reason of age, slowness, or infirmity. Such licenses are
renewable.
Penalties are fixed for the direct or indirect violation of determi
nations, the violation being ascertained by examination of the records
of wages which are required to be kept.
106
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The court of industrial appeals has power to review the determina
tions of the boards.
In Tasmania the wages-board system was introduced by the act of
1910 (January 13, 1911) and came into operation March 31, 1911.
The experience, therefore, is limited.
South Australia enacted the wages-board system in 1900, 1904, and
1906, but the first-named act was rendered inoperative owing to the
failure of Parliament to enact the regulations necessary for carrying it
into effect. The act of 1904 revived the wages-board system respect
ing women and children in white-goods trades. The action of this
statute was paralyzed by a decision, the effect of which was to prevent
a graduated scale of wages, such as fixed by the Victorian boards.
The necessity for some protection to the persons intended to be bene
fited by these statutes was urged in the annual reports of the chief
inspector of factories, but until 1906 without effect. Many employers,
however, voluntarily complied with the board's determinations during
the period when, because of the failure of the law, they were without
legal force. The system was brought into full operation by the act
of 1906, which preceded the Victorian act of 1907 in extending the
system to other trades, and was of a wider scope than the Victorian act.
In New South Wales industrial boards were introduced under the
industrial disputes act, 1908, the arbitration-court system having been
in existence from 1901 to that date. The act of 1912 introduced the
mixed system of industrial boards and an industrial court.
Wages boards were introduced in Queensland under the wages
boards act of 1908 and this act with the amending acts continued in
force until repealed and replaced by the industrial peace act, 1912,
which came into effect January 1, 1913. This act, while embodying
the principal provisions of the wages boards acts, provided for the
establishment of an industrial court of appeals. All boards estab
lished under the repealed acts continued in existence and their deter
minations were recognized as awards under the new act.
The various steps and method in the procedure in fixing wages in
Victoria are briefly summarized in the following statement:
PROCEDURE IN FIXING MINIMUM WAGE.
1.
A resolution of Parliament authorizes one or more special boards for a trade or
group of trades.
2. The governor in council establishes the boards.
3. The board may, on its own initiative, make investigation and a determination fixing
minimum time and piece rates of wages, maximum hours of labor, minimum
rates for overtime and holidays, the proportionate number of apprentices and
improvers, and the minimum rates for them, etc.
4. The determination of the board is signed by the chairman and published in the
Government Gazette and comes into force at a date fixed by the board, but not
within 30 days of the determination.
MINIMTJM-WAGE LEGISLATION---- AUSTRALIA AND N E W ZEALAND.
107
5. The determination may be suspended, by order of the governor in council, for not
exceeding six months, whereupon the board must forthwith reconsider and amend
or adhere to its determination. If it adheres to its determination the suspension
is revoked by an order effective not later than 14 days.
6. The determination may be brought before the industrial court on appeal by a
majority of the representatives of employers or a majority of the representatives
of employees on the board or by any employer or group of employers who employ
not less than 25 per cent of the total workers in the trade or by 25 per cent or more
of the workers in the trade. The minister may at any time refer a determination
to the court.
7. In case of appeal or reference the governor in council shall appoint two persons
upon nomination of representives of employers and employees respectively on
the special board and these two persons with the president of the court (one of
the judges of the supreme court) shall constitute the industrial court.
8. The determination of the court shall be final and without appeal and may not be
reviewed or altered by a board without the leave of the court.
9. The determination of the court shall be forwarded to the minister by the registrar
and shall be published in the Government Gazette.
10. The validity of a determination of any board may be challenged before the supreme
court.
ARBITRATION-COURT SYSTEM.
The first Australian act whereby one party to a labor dispute could
be summoned before and presumably made subject, as in proceedings
of an ordinary court of law, to the order of a court was the South
Australian act of 1894. The principles of this act have been largely
followed in other States, but it proved abortive in operation in its
own State and in many respects was superseded by the wages-board
system which was brought into operation by the act of 1906. West
ern Australia passed an arbitration act in 1900, repealed and reen
acted with amendments in 1902 and 1909, the whole being consoli
dated in the industrial arbitration act of 1912. The court system
was adopted in New South Wales in 1901, and various changes having
been subsequently introduced, a consolidation was made in 1912, the
system including industrial boards as well as an arbitration court.
Queensland, which had been under a wages-board system since 1908,
introduced the combined system under the industrial peace act of
1912. The Commonwealth principal act, passed in 1904, applies
only to industrial disputes extending beyond the limits of a single
State.
INDUSTRIAL UNIONS.
The arbitration act, framed to encourage a system of collective
bargaining, to facilitate applications to the court, and to assure to the
worker such benefits as may be derived from organization, virtually
creates the industrial union. This, except in New South Wales and
Western Australia, has been quite distinct from the trade-union; it
is not a voluntary association, but rather an organization necessary
for the administration of the law. The New South Wales act of 1901
required all trade associations to register as “ industrial unions,” pre
108
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
scribing the separation of industrial and benefit funds and enforcing
strict and proper management, the industrial funds being available in
payment of penalties incurred for breaches of the arbitration act.
Industrial unions (or “ organizations” as they are styled in the Com
monwealth act) may be formed by employers or employees. They
must be registered and must file annual returns of membership and
funds. Before unions of employers are registered, there must be in
their employment a minimum number of employees. In New South
Wales and Western Australia the minimum is 50; under the Com
monwealth act 100. Unions of employees must, in Western Australia,
have a membership of 15; by the Commonwealth act a membership
of 100 is required. The union rules must contain provisions for the
direction of business, and, in particular, for regulating the method of
making applications or agreements authorized by the acts. In West
ern Australia rules must be inserted prohibiting the election to the
union of men who are not employers or workers in the trade and the
use of union funds for the support of strikes and lockouts; a rule must
also be inserted requiring the unions to make use of the act.
INDUSTRIAL AGREEMENTS.
Employers and employees may settle disputes and conditions of
labor by industrial agreements which are registered and have the
force of awards. Such agreements are enforceable against the parties
and such other organizations and persons as signify their intention
to be bound by them.
POWERS OF COURT.
Failing agreement, disputes are settled by reference to the court.
In the Commonwealth this consists of a judge of the high court.
The court may (and on the application of an original party to the
dispute must) appoint two assessors at any stage of the dispute.
In the States the president of the tribunal (usually a judge of the
supreme court) is assisted by members (the number varying under
the various acts) chosen by and appointed to represent the employers
and employees, respectively.
Cases are brought before the court by either employers or em
ployees. The consent of a majority of a union voting at a specially
summoned meeting is necessary to the institution of a case; the
Commonwealth act requires the certificate of the registrar that it is
a proper case for consideration. The powers of the court are more
numerous and varied than those of the Victorian boards; it hears
and makes awards upon all matters concerning employers and
employees. The breadth of its jurisdiction may be gathered from the
Commonwealth definition of “ industrial matters,” viz:
all matters relating to work, pay, wages, reward, hours, privileges,
rights, or duties of employers or employees, or the mode, terms, and
M IN IM U M -W A G E LEGISLATION---- AUSTRALIA AND N E W ZEALAND. 1 0 9
conditions of employment or nonemployment; and in particular,
but without limiting the general scope of this definition, the term
includes all matters pertaining to the relations of employers and
employees, and the employment, preferential employment, dismissal
or nonemployment of any particular persons, or of persons of any
particular sex or age, or being or not being members oi any organiza
tion, association, or body; and any claim arising under an industrial
agreement; and all questions of what is fair ana right in relation to
any industrial matter having regard to the interest of persons imme
diately concerned, and of society as a whole.
The object of the court is to prevent and settle industrial dis
putes; and, when disputes have occurred, to reconcile the parties.
The court may fix and enforce penalties for breaches of awards,
restrain contraventions of the acts, and exercise all the usual powers
of a court of law.
The court is to bring about an amicable agreement, if possible to
conciliate and not to arbitrate, and such agreement may be made
an award. In order to prevent a matter coming into dispute the
president of the arbitration court may convene a compulsory confer
ence under his own presidency. Attendance of persons summoned to
attend is compulsory. Provision is made in the recent act whereby,
if there is no settlement arrived at in the conference, the president
may refer the matter to the court and then arbitrate on it.
There are four ways in which a matter may be brought before the
court:
(а) By the registrar certifying that it is a dispute proper to be
dealt with by the court in the public interest.
(б) By the parties, or one of them, submitting the dispute to the
court by plaint in the prescribed manner.
(c) By a State industrial authority, or the governor in council of
a State in which there is no such authority, requesting the
court to adjudicate.
(d) By the president referring to the court a dispute as to which
he has held a conference without an agreement being reached.
All parties represented are bound by the award, and also all
parties within the scope of a common rule. The court possesses
full powers for enforcement of awards.
COMPARATIVE ANALYSIS OF MINIMUM-WAGE LAWS.
LAWS IN FORCE.
Victoria:
Factories and shops act, 1912, enacted December 7, 1912.
Factories and shops act, 1912 (No. 2), enacted December 31, 1912.
Factories and shops acts amendment act, 1914, enacted November 2, 1914.
New South Wales:
Industrial arbitration act, 1912, enacted April 15,1912.
Minimum wage act, 1908, enacted December 24, 1908 (fixing legislative mini
mum wage).
110
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Queensland:
Industrial peace act, 1912, enacted December 7, 1912.
Factories and shops act, 1900, enacted December 28, 1900 (fixing legislative
minimum wage).
Factories and shops act amendment act, 1908, enacted April 15, 1908 (fixing
legislative minimum wage).
South Australia:
Factories act, 1907, enacted December 21,1907.
Factories act amendment act, 1908, enacted December 23, 1908.
Factories act amendment act, 1910, enacted December 7, 1910.
Industrial arbitration act, 1912, enacted December 19, 1912.
Tasmania:
Wages boards act, 1910, enacted January 13, 1911.
Wages boards act, 1911, enacted September 14, 1911.
Factories act, 1911, enacted January 10, 1912 (fixing legislative minimum wage).
Western Australia: Industrial arbitration act, 1912, enacted December 21,1912.
Australia (Commonwealth):
Commonwealth conciliation and arbitration act, 1904, enacted December 15,1904.
Commonwealth conciliation and arbitration act, 1909, enacted December 13,1909.
Commonwealth conciliation and arbitration act, 1910, enacted August 29, 1910.
Commonwealth conciliation and arbitration act, 1911, enacted November 23,1911.
New Zealand:
Industrial conciliation and arbitration act, 1908, enacted August 4,1908.
Industrial conciliation and arbitration amendment act, 1908, enacted October 10,
1908.
Industrial conciliation and arbitration amendment act, 1910, enacted December
3, 1910.
Industrial conciliation and arbitration amendment act, 1911, enacted October 28,
1911.
Industrial conciliation and arbitration amendment act, 1913, enacted Ootober 3,
1913.
Factories act, 1908, enacted August 4,1908.
Factories act, 1910, enacted December 3, 1910.
Shops and offices act, 1908, enacted August 4,1908.
Shops and offices amendment act, 1910, enacted December 3,1910.
NAME OF TRIBUNALS.
Victoria:
Court of industrial appeals.
Special boards.
New South Wales:
Court of industrial arbitration.
Industrial boards.
Queensland:
Industrial court.
Industrial boards.
South Australia:
Industrial court.
Wages boards.
Tasmania: Unlimited.
Western Australia: Arbitration court.
Commonwealth of Australia: Court of conciliation and arbitration.
New Zealand: Arbitration court.
M IN IM U M -W A G E LEGISLATION---- AUSTRALIA AND N E W ZEALAND. I l l
HOW TRIBUNALS ARE BROUGHT INTO EXISTENCE.
Victoria:
Court constituted by governor in council from time to time.
Special boards by governor in council on resolution of Parliament.
New South Wales:
Industrial court (judge) constituted by act.
Industrial boards by the minister on recommendation of industrial court.
Queensland:
Industrial court constituted b y the act.
Industrial boards by governor in council on recommendation of court.
South Australia:
Court constituted by act of 1912.
Wages boards by the governor in council on resolution of Parliament.
Tasmania: For the clothing trade, by the act; for other trades, by a resolution of Par
liament.
Western Australia: Court constituted by the act.
Commonwealth of Australia: Court constituted b y the act.
New Zealand: Court constituted by the act.
INDUSTRIES TO WHICH THE ACTS APPJ.Y.
Victoria: To any process, trade, business, or occupation specified in a resolution.
Government servants are not included.
New South Wales: To industrial groups named in schedule to act, and those added by
proclamation. Includes Government servants.
Queensland: To callings specified in schedule to act, and to those added by governor
in council.
South Australia: To processes, trades, etc., specified in act, and such others as may be
authorized by Parliament.
Tasmania: All trades or groups or parts thereof.
Western Australia: All industrial occupations.
Commonwealth of Australia: Industrial disputes extending beyond limits of any one
State or in Federal capital or northern Territories.
New Zealand: All trades.
HOW A TRADE OR INDUSTRY IS BROUGHT UNDER REVIEW.
Victoria: Usually by petition to minister.
New South Wales: Reference by court or minister, or by application to the board by
employers or employees.
Queensland: By petitions and representations to industrial registrar.
South Australia: Court— Matters or disputes submitted by minister, registrar, em
ployers, or employees, or by report of wages board. Wages boards by petitions, etc.
Tasmania: B y application of parties.
Western Australia: Industrial disputes referred by president or by an industrial union
or association.
Commonwealth of Australia: Industrial disputes either certified by registrar, sub
mitted by organization, referred by a State industrial authority or by president
after holding abortive compulsory conference.
New Zealand: B y application of union or individual employer.
PRESIDENT OR CHAIRMAN OF TRIBUNALS.
Victoria: President of court, one of judges of supreme court appointed by governor
in council. Chairman of board appointed by governor in council on nomination of
board or, failing that, on nomination b y minister.
New South Wales: Court appointed by governor. Chairman of board appointed by
minister on recommendation of court.
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BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Queensland: Court appointed by governor in council. Chairman of board any person
elected by board. If none elected, appointment is by the governor in council on
recommendation of court.
South Australia: Court— President. Wages board, appointed by governor in council
on nomination of board or, failing nomination, a stipendiary magistrate.
Tasmania: Any person elected by the board. If none elected, appointment by the
governor in council.
Western Australia: President, a judge of the supreme court, appointed by governor.
Commonwealth of Australia: President, appointed by the governor general.
New Zealand: A judge of the supreme court.
NUMBER OF MEMBERS OF TRIBUNALS.
Victoria:
Court, president and one representative each of employers and of employees.
Board, not less than 4 nor more than 10 members and a chairman.
New South Wales:
Court, one judge.
Board, chairman and 2 or 4 other members.
Queensland:
Court, one judge.
Board, not less than 5 nor more than 13 (including chairman).
South Australia:
Court, president only.
Wages board, not less than 5 nor more than 11 (including chairman).
Tasmania: Chairman and not less than 4 nor more than 10.
Western Australia: Three, including president.
Commonwealth of Australia: President only.
New Zealand: Three.
HOW ORDINARY MEMBERS ARE APPOINTED.
Victoria:
Members of court by governor in council on nomination of representatives
of employers and employees on special board.
Members of board nominated by minister. But if one-fifth of employers or
employees object, representatives are elected by them.
New South Wales: Appointed by minister on recommendation of industrial court.
Queensland: B y employers and employees, respectively.
South Australia: B y governor on nomination of employers and employees, respectively.
Tasmania: B y governor in council on nomination b y employers and employees.
Western Australia: Appointed by governor, president directly, and one each on recom
mendation of unions of employers and workers, respectively.
Commonwealth of Australia: President appointed by governor general from justices
of high court.
New Zealand: By the unions of employers and workers, respectively.
DECISIONS—HOW ENFORCED.
Victoria: By factories department in courts of petty sessions.
New South Wales: B y registrar and industrial magistrate.
Queensland: By inspectors of factories and shops, department of labor.
South Australia: By factories department.
Tasmania: By factories department.
Western Australia: By arbitration court on complaint of any party to the award or
registrar or an industrial inspector.
Commonwealth of Australia: By proceedings instituted by registrar, or by any organi
zation affected or a member thereof.
New Zealand: B y arbitration court on complaint of union or inspector of awards.
M INIM UM -W AGE LEGISLATION---- AUSTRALIA AND NEW ZEALAND. 1 1 3
DURATION OF DECISION.
Victoria: Until altered by board or court of industrial appeals.
New South Wales: For period fixed by tribunal, but not more than three years.
Queensland: Twelve months and thereafter, until altered by board or court.
South Australia: Until altered by board or by order of industrial court.
Tasmania: Until altered by board.
Western Australia: For period fixed by court, not exceeding 3 years, or for 1 year and
thenceforward from year to year until 30 days’ notice given.
Commonwealth of Australia: For period fixed by award, not exceeding five years.
New Zealand: For period fixed by court, not exceeding three years.
APPEAL AGAINST DECISION.
Victoria: To the court of industrial appeals.
New South Wales: To industrial court against decision of boards, except those
boards presided over by a judge.
Queensland: To industrial court.
South Australia: To industrial court.
Tasmania: To supreme court.
Western Australia: No appeal except against imprisonment or a fine exceeding £20
($97.33).
Commonwealth of Australia: No appeal. Case may be stated by president for opinion
of high court.
New Zealand: No appeal.
IS SUSPENSION OF DECISION POSSIBLE PENDING APPEAL?
Victoria: Yes; for not more than 12 months.
New South Wales: No; except by temporary variation of award by the court.
Queensland: Yes; for not more than 3 months.
South Australia: Yes.
Tasmania: Yes.
Western Australia: No suspension. Court has power to revise an award after the
expiration of 12 months from its date.
Commonwealth of Australia: No appeal.
New Zealand: Yes; in case of strikes.
CAN PREFERENCE TO UNIONISTS RE DECLARED?
Victoria: No.
New South Wales: Yes.
Queensland: No.
South Australia: No.
Tasmania: No.
Western Australia: No.
Commonwealth of Australia: Yes; ordinarily optional, but mandatory if in opinion of
court preference is necessary for maintenance of industrial peace or welfare of
society.
New Zealand: Unionism essential.
PROVISION AGAINST STRIKES AND LOCKOUTS.
Victoria: None.
New South Wales:
Strikes, penalty £50 ($243.33) and preference to unionists canceled,
Lockouts, penalty £1,000 ($4,866.50).
82843°— Bull. 167— 15------- 8
114
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Queensland: Strikes £50 ($243.33), lockouts £1,000 ($4,866.50), unless notice of inten
tion given to registrar and secret ballot taken in favor. In the case of public utili
ties compulsory conference also must have proved abortive.
South Australia: Penalty £500 ($2,433.25) or imprisonment 3 months.
Tasmania: Penalty for strike or lockout on account of any matter in respect to which
a board has made a determination, for an organization, £500 ($2,433.25), for an
individual £2 0 ($97.34).
Western Australia: Employer or industrial union, £100 ($486.65); other cases, £10
($48.67).
Commonwealth of Australia: Penalty, £1,000 ($4,866.50).
New Zealand: Penalty— Employer, maximum fine of £500 ($2,433.25); employee, £25
($121.66) unless 14 days’ notice is given in writing.
SPECIAL PROVISIONS FOR CONCILIATION.
Victoria: None.
New South Wales:
Special commissioner.
Three conciliation committees for colliery districts.
Registered agreements.
Queensland:
Compulsory conference.
Registered agreements.
South Australia:
Compulsory conference.
Industrial court.
Registered agreements.
Tasmania: None.
Western Australia:
Compulsory conference.
Registered agreements.
Commonwealth of Australia:
Compulsory conference.
Court may temporarily refer to conciliation committee, registered agreements.
New Zealand:
Council of conciliation, with 3 commissioners.
A ll industrial disputes must be referred to council before they can come before
the arbitration court.
OPERATIONS UNDER WAGES BOARDS AND ARBITRATION LAWS.
The grounds usually alleged by the employers in seeking awards
or determinations are that their business is hampered by “ unfair”
competitors, who pay only a sweating wage. Employees allege that
they are sweated, or are entitled to an increase in their wages by
reason of the prosperity of the trade in which they are engaged or
because of an increase in the cost of living.
In Australia and New Zealand the “ living wage” is usually ac
cepted as the basis in wage determinations and awards, and above
that various rates are fixed for the several occupations coming under
the jurisdiction of a board, according to skill. In a number of the
States the law gives a definition of the living wage for the guidance
of the board or court.1
i For Victoria see p. 220; New South Wales, pp. 146-148; South Australia, pp. 165, 166; Tasmania, pp.
166, 167; Western Australia, p. 167. See also M. B. Hammond, Judicial interpretation of the minimum
wage in Australia, American Economic Review, June, 1913.
M INIM UM -W AGE LEGISLATION— AUSTRALIA AND NEW ZEALAND. 1 1 5
In New South Wales there were on April 30, 1914, 208 industrial
boards in existence. Awards of boards and of the court in force
numbered 260, of which 65 were awards of the industrial court vary
ing previous awards of boards.
In Victoria there were on April 30,1914,131 wages boards in exist
ence, affecting about 150,000 employees. The number of determi
nations in force was 129. All the boards authorized, with the excep
tion of three, had met for the purpose of fixing wages, hours, etc.
The court of industrial appeals in Victoria had heard 12 appeals from
determinations of wages boards. In one case the decision was upheld;
in 10 cases decisions were reversed or amended; in one case the board,
unable to come to a determination, referred the matter to the court,
which exercised its power of fixing a proper wage where the average
wage paid by employers did not afford a living wage. Of these
decisions three were in force on April 30, 1914, the others having
been superseded by amended determinations. The court also heard
an appeal for modification of its determination with respect to a
trade, and decided to modify such determination by reducing the
working hours and increasing the wages in certain cases.
The number of industrial boards authorized in Queensland since
the acts came into force was on April 30, 1914, 92. The number of
employees affected by awards in force at that date is not available,
but the number affected by awards in effect on June 30, 1914, was
given as 90,000.1 In 76 cases awards were in force, but 4 had
been varied on appeal to the industrial court. Under the industrial
peace act, 1912, all wages boards established continued in exist
ence, and their determinations were recognized. In South Australia
there were on April 30, 1914, 51 trades under boards, with about
25,000 employees. Fifty-four determinations were in force, includ
ing six made by the industrial court, in lieu of wages boards, on the
minister for industry reporting the inability to appoint boards as
authorized or the failure of the constituted boards to discharge the
duties required under their appointment. In Western Australia
awards had been made for 36 industrial unions, but only 18 re
mained in force on April 30, 1914; 19 expired between December 4,
1912, and the end of 1913, and had not been reviewed by the court
at the latter date. The wages-board system was inaugurated in
Tasmania in 1911. Up to April 30, 1914, resolutions authorizing
the appointment of 23 boards were carried in Parliament, and
21 boards had made determinations. Two other boards had com
menced work, but had not issued their determinations. The num
ber of Commonwealth conciliation and arbitration court awards in
force on April 30, 1914, was 17.
1 Queensland. Department of Labour. Report of the Director of Labour and Chief Inspector of Fac
tories and Shops for the year ended June 30,1914, p. 2.
116
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
BOARDS FOR THE REGULATION OF WAGES AND HOURS AND CONDITIONS OF LABOR
AUTHORIZED AND CONSTITUTED, AWARDS, DETERMINATIONS, AND AGREEMENTS
IN FORCE, APR. 30,1914.
[Source: Labour Bulletin of the Commonwealth Bureau of Census and Statistics, Melbourne, Australia,
No. 5, January-March, 1914, p. 67.]
Particulars.
1. Boards authorized, constituted,
and in force:
Boards authorized........................
Boards constituted........................
Boards dissolved or superseded2
Tn existence.............................. ....
2. Boards constituted which have
made awards or determina
tions:
Boards which had made or varied
awards or determinations.........
Boards which had not made any
award or determination............
3. Awards and determinations in
force3............................................
4. Scope of State awards and deter
minations: 8
Applying to the whole State........
Applying to metropolitan area
only............................................
Applying to metropolitan and
country towns............................
Applying to country areas...........
5. Commonwealth awards in force in
each State.....................................
6. Industrial agreements in force........
7. Commonwealth agreements in
force in each State........................
Com
New
mon South
wealth. Wales.
17
Vic Queens South
Aus
land. tralia.
toria.
1217
1224
16
1208
137
132
1
131
92
81
56
51
23
21
81
51
21
525
509
17
492
147
127
81
48
19
422
61
4
3
2
70
260
129
21
575
23
6
68
233
West
ern
Tas
Aus mania. Total.
tralia.
76
54
18
15
46
54
13
1
162
1
4
5
163
187
2
26
44
125
109
14
4
44
10
71
14
12
5
13
13
6
93
10
109
108
45
39
33
39
415
1 Excluding special demarcation boards.
2 Boards constituted and subsequently dissolved or superseded. In New South Wales 16 boards were
dissolved owing to alteration in the sectional arrangement of industries and callings. In Victoria 1 board
was superseded by 3 boards.
3 In addition, 12 awards and determinations had been made, but had not come into operation on the
30th of April, 1914. Of that number 7 were in Victoria, 4 in Queensland, and 1 in South Australia. The
figures are exclusive of awards and determinations which had expired by effluxion of time and had not
been renewed on the 30th of April, 1914.
The total number of boards authorized in the five States in which
the board system is in force was 525, the total number constituted
being 509, of which 17 had been dissolved or superseded. The num
ber of boards in existence at the end of April, 1914, was accordingly
492, of which 422 had either made original awards or determinations,
or varied existing awards or determinations, and 70 had not made
any award or determination. The difference between the number of
boards in existence and the number which had made awards or
determinations is accounted for mainly by the fact that in New
South Wales a number of boards constituted under the act of 1912
had not made awards, owing to existing awards made under the
act of 1908 being still in force. This is shown in the line, “ awards
and determinations in force,” in which it may be seen that the
total number in force (including awards made by the Common
wealth and Western Australia arbitration courts) was 575. In New
South Wales the number of awards in force includes 90 awards
under the act of 1908. This leaves 170 awards in force made by 147
boards under the new act. In explanation of the fact that the num
M INIM UM-W AGE LEGISLATION---- AUSTRALIA AND NEW ZEALAND. 1 1 7
ber of awards in force in this State under the new act exceeds the
number of boards in existence, it may be mentioned that several of
the boards have made separate awards for different districts and
branches of industry.
Of the total number of awards and determinations in force on April
30,1914, 82 were the result of awards made by industrial courts (either
original or appellate jurisdiction), in addition to the 17 Commonwealth
and 18 Western Australia awards.
Of the Commonwealth awards there are seven in connection with
the shipping industry and the award affecting postal electricians
which apply to each of the six States. There are four awards which
apply to five States, two of which apply to four States, one to three
States, and two to two States.
The total number of awards, determinations, and agreements in
force under the various acts at the end of April, 1914, was 990, com
prising 575 awards and determinations and 415 industrial agreements.1
The total number of individual awards and determinations which
came into force during 1913 was 270 (264 State and 6 Common
wealth). The number of industrial agreements registered1 during
that year was 165 (56 State and 109 Commonwealth), making a total
for the Commonwealth of 435 awards, determinations, and agree
ments, affecting wages, hours, or other conditions, which came into
force in 1913. This constitutes no less than 44 per cent of the total
number (997) of awards, determinations, and agreements in force at
the end of 1913.
EFFECT OF ACTS.
The question whether the operation of the acts has bettered the
monetary position of the operative may be answered in the affirma
tive. Starting from the lowest point, the provision of an absolute
minimum wage per week has stopped one form of gross sweating,
that of employing apprentices and learners without payment.
Another case is that of the uwhite workers’ ’ and dressmakers; with
these the lowest grade was the “ outworkers,” who were piece
workers. In some branches of the Victorian trade, in 1897, the
wages paid to outworkers for all classes of certain goods were only
from one-third to one-half the wages paid in the factories for low-class
production of the same line of stuff. By working very long hours the
outworkers could earn 10s. ($2.43) per week. The average wage of
females in the clothing trade in 1897 was 10s. lOd. ($2.63) per week;
there were, however, in that year 4,164 females receiving less than
£1 ($4.87) per week, and their average was 8s. 8d. ($2.11). It was
almost a revolution when a minimum wage of 16s. ($3.89) per week
of 48 hours was fixed by the board, when pieceworkers' rates were
1 Including agreements under section 24 of the Commonwealth conciliation and arbitration act and under
section 7 of the Queensland industrial peace act, 1912.
118
BULLETIN OF THE BUREAU OF LABOB STATISTICS.
fixed to insure a similar minimum, and when outworkers were placed
on the level of pieceworkers. Many employers refused to continue
to give out work and took the workers into the factory on time work.
The wages boards have since fixed the minimum wage per week in the
industries mentioned to be: Dressmakers, 21s. 6d. ($5.23); shirt
workers, 22s. 6d. ($5.47); and underclothing makers, 20s. ($4.87).
As a result, it has been found by special investigation made in Novem
ber, 1912, in regard to wages in manufacturing industries, that the
average wages for all female workers in Victoria engaged at dress
making and millinery was 17s. lid . ($4.36), and for shirt workers,
white workers (underclothing), etc., 19s. Id. ($4.64).1
The period since the beginning of minimum-wage legislation in
New Zealand and Australia has been a period of steady growth of
industry, not checked, so far as is apparent, by the effect of wage
regulation. In New Zealand since 1894, the date of the concilia
tion and arbitration act, the reports of the Department of Labor
have each year shown an increase in the number of factories, and
an increase in the number of factory employees has been recorded
in each year except two, the increase to 1913 amounting to 193 per
cent.2 In Victoria an increase both in number of factories and of
factory employees has been recorded each year since 1896, the
increase in employees between 1896 and 1913 amounting to 171
per cent.3 In New South Wales the increase in the number of per
sons employed in manufacturing between 1901, the date of the first
wage-regulating law, and 1912 was 74 per cent (62 per cent for
males and 135 per cent for females).4
The extent to which wage changes are effected by wages-board
determinations, by court awards, and by other methods may be
seen from the following record for the year 1913:
METHODS B Y WHICH CHANGES OF WAGES W ERE EFFECTED IN THE VARIOUS
AUSTRALIAN STATES DURING 1913.5
[Source: Commonwealth of Australia, Bureau of Census and Statistics. Labour and Industrial Branch.
Report No. 5. December, 1914, pp. 68 and 69.]
Methods by which changes were effected.
Number Number
of work
of
people
changes. affected.
New South Wales:
Voluntary action of employers..................................................................................
Direct negotiations.....................................................................................................
Negotiations, intervention, or assistance of third party.........................................
Award of court under Commonwealth act...............................................................
Agreement registered under Commonwealth act.....................................................
Award under State act...............................................................................................
Registered agreement under State act......................................................................
10
1
2
6
115
15
364
2
1,507
1,090
85,909
746
Total........................................................................................................................
149
89,618
1 See also page 131.
2 Twenty-third Annual Report of the New Zealand Department of Labor, 1914, p. 7.
8 Report of the Victoria Chief Inspector of Factories ana Shops for the year ended Dec. 31,1913, p. 5.
4 Official Yearbook of New South Wales, 1913, p. 889.
5 In this table an industrial award or agreement under the Commonwealth conciliation and arbitration
act is counted as one change only, although such award or agreement may be operative in more than one
State.
119
MINIMTJM-WAGE LEGISLATION— VICTORIA.
METHODS B Y WHICH CHANGES OF WAGES WERE EFFECTED IN THE VARIOUS
AUSTRALIAN STATES DURING 1913-Conduded.
Methods by which changes were effected.
Number Number
of work
of
people
changes. affected.
Victoria:
Voluntary action of employers..................................................................................
Direct negotiations.................................................................................. 1................
Negotiations, intervention, or assistanr»fi of third party................. .....................
Award of court under Commonwealth act...............................................................
Agreement registered under Commonwealth act.....................................................
Determination under State act, ___,. rT. r. T___ , .......... „, r...................................
1
10
2
3
9
56
12,000
1,542
75
1,958
1,707
31,972
Total........................................................................................................................
81
49,254
7
2,320
2
Queensland:
Voluntary action of employers?...................................•................................... .........
Direct negotiations....................................................................................................
Nflgot.iations, intervention, or assistance of third party, r
____
____
Award of noiirt under Commonwealth w t __
____
____ ...... _____
Agreement registered under Commonwealth act.....................................................
Award understate act...............................................................................................
Registered agreement, under state act................................................... .................
24
2
235
303
13,014
773
Total........................................................................................................................
41
16,645
1
1
South Australia:
Voluntary action of employers.................................................................................
Direct negotiations....................................................................................................
Negotiations, intervention, or assistance of third party..........................................
Award of court under Commonwealth act...............................................................
Agreement registered under Commonwealth act.....................................................
Award or determination under State act.................................................................
Registered agreement under State act......................................................................
Total........................................................................................................................
Western Australia:
Voluntary action of employers..................................................................................
Direct negotiations........... .........................................................................................
Negotiations, intervention, or assistance of third party..........................................
Award of court under Commonwealth act...............................................................
Agreement registered under Commonwealth act...................................................
Award under State act...............................................................................................
Registered agreement under State act......................................................................
6
4
20
24
359
247
2,894
1,030
26
4,574
1
1
2
6
12
15
112
20
345
2,559
Total.......................................................................................................................
Tasmania:
Voluntary action of employers..................................... ............................................
Direct negotiations.................................... ...............................................................
Negotiations, intervention, or assistance of third party....... ..................................
Award of court under Commonwealth act...............................................................
Agreement registered under Commonwealth act.....................................................
Determination under State act.................................................................................
20
3,036
1
2
11
90
3
3
3
316
20
2,568
Total........................................................................................................................
Commonwealth:
Voluntary action of employers..................................................................................
Direct negotiations.....................................................................................................
Negotiations, intervention, or assistance of third party..........................................
Award of court under Commonwealth act...............................................................
Agreement registered under Commonwealth act...................................... ..............
Award or determination under State acts................................................................
Registered agreement under State acts.............................. ......................................
12
3,005
2
36
12,011
4,336
101
4,487
3,387
136,702
5,108
312
166,132
Total................................................. - .....................................................................
3
30
4
3
24
213
VICTORIA.
HISTORY OP LEGISLATION.
It is now more than 18 years since the wages-board system came
into effect in Victoria, and it seems to be fully established and gen
erally accepted by both employers and employees. In the early
years of the system’s operations, however, every step in the extension
of the principle was obstinately fought, and many times the very
120
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
existence of the system was at stake. The first law when enacted,
July 28, 1896, was a temporary measure, to be in force to January 1,
1900, unless Parliament was in session, in which case it was to lapse
at the end of the session unless reenacted. It was reenacted February
20, 1900, to become effective May 1, 1900, but again as a temporary
measure for two years or until the end of the session of Parliament,
and a royal commission was created June 18, 1900, to study the
subject. This law lapsed upon the end of the session of Parliament
September 10, 1902. By the factories and shops continuation act of
1902 (December 5, 1902) the law was revived, to continue in force
until October 1, 1903. In 1903 the law was again reenacted, to con
tinue in force until December 31, 1905. On October 6, 1905, before
the expiration of this act, the law was again reenacted and was this
time made permanent. Since 1905 there have been no fundamental
changes in the act, and in 1912 the existing legislation was consoli
dated, with some slight amendments, in the factories and shops act of
1912.1 Two amending acts have since been passed, dated December
31, 1912, and November 2, 1914, but not making any important
changes.
When the first wages boards were authorized in Victoria under the
act of 1896, the act was intended as a temporary measure to be applied
to six specially sweated trades. These were:
Bootmaking.
Baking, employing mainly men.
Clothing.
Shirts.
Underclothing, employing mainly women.
Furniture, in which the employment of Chinese was extremely important.
When the law was reenacted in 1900, 21 additional special boards
were provided for, as follows:
Brickmakers.
Butchers.
Cigar makers.
Confectioners.
Coopers.
Engravers.
Fellmongers.
Jewelers.
Jam.
Millet-broom makers.
Pastry cooks.
Plate glass.
Pottery.
Printers.
Saddlery.
Stonecutters.
Tanners.
Tinsmiths.
Woodworkers.
Woolen.
The successive additions of special boards by later acts of the
Victorian Parliament are of interest as showing the gradual extension
of the system of wage boards in practically all the industries of
Victoria.
i A full account of the parliamentary contest over wages-board legislation in Victoria is given by Prof.
Hammond in an article on “ Wages boards in Australia: I. Victoria” in the Quarterly Journal of Eco
nomics, November, 1914.
MINIM UM-W AGE LEGISLATION— VICTORIA.
121
Special boards received parliamentary authorization, as follows:
In 1901, 11 boards:
Aerated-water makers.
Artificial manure.
Bedstead makers.
Brass workers.
Brewers.
Brushworkers.
Iron molders.
Leather-goods makers.
Maltsters.
Oven makers.
Wickerworkers.
In 1903,1 board: Dressmakers.
In 1906,11 boards:
Agricultural implement makers.
Cardboard-box makers.
Candle makers.
Cycle trade.
Farriers.
Flour millers.
Milliners.
Paper-bag makers.
Soap and soda makers.
Starch makers.
Waterproof clothing.
In 1907, 2 boards:
Glassworkers.
I Picture-frame makers.
In 1908, 4 boards:
Bread carters.
Hairdressers.
Ice makers.
Wireworkers.
In 1909, 16 boards:
Carpenters.
Carriage builders.
Carters.
Drapers.
Electroplaters.
Grocers.
Ham and bacon curers.
Hay, chaff, coal, and wood dealers.
Men’s clothing.
Organ builders.
Painters.
Plumbers.
Polish makers.
Quarrymen.
Rubber goods.
Tuck pointers.
In 1910, 20 boards:
Boiler makers.
Boot dealers.
Bricklayers.
Coal miners.
Electrical installation.
Engineering.
Factory engine drivers.
Gold miners.
Hardware makers.
Hotel employees.
Lift attendants.
Marine-store dealers.
Mining-engine drivers.
Plasterers.
Slaughterers for export.
Stationers.
Tea packers.
Tilers.
Undertakers.
Watchmakers.
In 1911, 12 boards:
Asphalters.
Cordage.
Commercial clerks.
Country-shop assistants.
Furniture dealers.
Gardeners.
Grocers’ sundries.
Livery stable.
Night watchmen.
Tramway.
Tie makers.
Wholesale grocers.
122
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
In 1912, 19 boards:
Bag makers.
Billposters.
Biscuit.
Builders’ laborers.
Butter.
Dyers and clothes cleaners.
Electrical supply.
Felt hatters.
Fibrous plasterers.
Gas meter.
Horsehair.
Meat preservers.
Motor drivers.
Nail makers.
Office cleaners.
Storemen, packers, and sorters.
Straw hat.
Tentmakers.
Timber fellers.
In 1913, 2 boards:
Paper.
|Photographers.
Under an authorization contained in the principal act, the governor in council in
1911 appointed 8 boards:
Chaff cutters.
Country agricultural implements.
Country flour.
Country fuel and fodder,
Country printers.
Country saddlery.
Country woodworkers.
Fuel and fodder.
and in 1912, 1 board: Aerated-water carters.
There were on April 30, 1914, 137 special boards existing or au
thorized, affecting about 150,000 employees. Of these boards 131
were in existence and 129 determinations were in force.
MODE OF CONSTITUTING WAGES BOARDS AND MAKING MINIMUMWAGE DETERMINATIONS.1
Before a special board is constituted, it is necessary that a resolu
tion in favor of such a course should ~be carried in both houses of the
legislature. It is usual for the minister administering the factories
act to move that such a resolution be passed. The minister may be
induced to adopt such a course by representations made by either
employers or employees, or both, or by the reports of the officers of
the department.
The reasons alleged by employers for desiring a board are, usually,
unfair competition; and those by employees, low wages, and often
the employment of excessive juvenile labor. If the minister is sat
isfied that a case has been made out, he moves the necessary resolu
tion in Parliament, and when such resolution has been carried, an
order in council is passed constituting the board.
Once a resolution has been passed or a board appointed the min
ister through the governor in council has full power to group or
divide trades, to adjust the powers of different boards by taking
from one and adding to another, to define the parts of the State over
which any determination shall operate, and generally to administer
so as to secure the greatest measure of benefit.
The order constituting -the board indicates the number of members.
The number must not be less than four or more than ten.
The minister then invites, in the daily press, nominations for the
requisite number of representatives of employers and employees.
These representatives must be, or have been, employers or em
i Victoria. Report of the Chief Inspector of Factories, Workrooms, and Shops for the year ended Dec.
81,1911. Melbourne, 1912, pp. 4 and 5.
M INIM UM-WAGE LEGISLATION— VICTORIA.
123
ployees, as the case may be, actually engaged in the trae to bed
affected. The full names and addresses of persons willing to act
should be sent in with particulars as to their connection with the
trade during the three years last past. Where there are associations
of employers or employees, more than the necessary number of
nominations are often received. In such case, the minister selects
from the persons whose names are sent in the necessary number to
make up a full board.
The names of persons so nominated by the minister are published
in the Government Gazette, and unless within 21 days one-fifth of
the employers, or one-fifth of the employees, as the case may be,
forward a notice in writing to the minister that they object to such
nominations, the persons so nominated are appointed members of the
board by the governor in council.
If one-fifth of the employers or employees object to the persons
nominated by the minister— and they must object to all the nomi
nations, and not to individuals— an election is held. The chief
inspector conducts such elections, the voting is by post, the ballot
papers being forwarded to each elector.
Within a few days of their appointment the members are invited
to meet in a room at the office o f the chief inspector of factories, and
a person (always a Government officer and usually an officer of the
chief inspector’s department) is appointed to act as secretary.
The members must nominate a chairman within 14 days of the
date of their appointment, but if they can not agree to a chairman,
he is appointed by the governor in council.
The times of meeting, the mode of carrying on business, and all
rocedure
is entirely in the hands of the board, whose powers are
Sefined in the
factory acts.
Vacancies in special boards are filled on the nomination of the
minister without any possibility of either employer or employee
objecting.
The result of the labors of a board is called a “ determination,”
and each item of such determination must be carried by a majority
of the board.
• The chairman is a member of the board. His function is usually
confined to conducting the proceedings. He does not exercise his
vote except in cases where the board is equally divided, when his
casting vote determines the question at issue.
When a determination has been finally made, it must be signed by
the chairman and forwarded to the minister of labor. The board
fixes a date on which the determination should come into force, but
this date can not be within 30 days of the last fixing of a price or rate
of pay. If the minister is satisfied the determination is in form, and
can be enforced, it is duly gazetted.
In the event of the minister considering that any determination may
cause injury to trade, or injustice in any way whatever, he may sus
pend same for any period, not exceeding six months, and the board
is then required to reconsider the determination. If the board does
not make any alteration, and is satisfied that the fears are ground
less, the suspension may be removed by notice in the Government
Gazette.
Provision is made by which either employers or employees may
appeal to the court of industrial appeals against any determination
of a board. This court consists of any one of the judges of the
124
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
supreme court as president, and two other persons appointed for the
occasion by the governor in council on nomination of the represen
tatives of the employers and employees respectively on the special
board from whose decision appeal is made.1
An appeal may be lodged (a) by a majority of the representatives
of the employers on the special board; (6) a majority of the repre
sentatives of employees on the special board; (c) any employer or
group of employers, who employ not less than 25 per cent of the total
number of workers in the trade to be affected; or (d) 25 per cent of
the workers in any trade.
The court has all the powers of a special board, and may alter or
amend the determination in any way it thinks fit. The decision of
the court is final, and can not be altered by the board, except with
the permission of the court, but the court may, at any time, review
its own decision.
The minister has power to refer any determination of a board to
the court for its consideration, if he thinks fit, without appeal by
either employer or employee.
The decision of the court is gazetted in the same way as the deter
mination of the board, and comes into force at any date the court
may fix.
The determinations of the board and the court are enforced by the
factories and shops department, and severe penalties are provided
for breaches of determinations.
No prosecution for any offense against any of the factories acts, or
for any breach of any determination, can be brought except through
the department.
TYPICAL AWARDS OF WAGE BOARDS.
The scope and method of the determinations of the Victorian boards
may be best seen from an examination of typical awards. Several
of these are given in full in the following pages :2
WAGES PE R W E E K OF 48 HOURS F IXE D B Y BRASS WORKERS’ BOARD (IN FORCE
NOV. 7, 1913).
Minimum wage.
Brass molders..............
Brass finishers.............
Brass polishers............
Core makers, male......
Core makers, female...
Dressers, i. e., persons who
remove sand faults in
castings and superfluous
metal caused by jointing,
gatingj and venting, or
who pickle castings.
Furnace men.......................
Persons working on ships,
Is. (24 cents) per day extra
as “ dirt money.”
57s.
57s.
50s.
51s.
30s.
45s.
($13.87).
($13.87).
($12.17).
($12.41).
($7.30).
($10.95).
47s. 6d. ($11.56).
Apprentices (male or
female).
Improvers (female).3
14 years, 6s. ($1.46).
15 years, 7s. 6d. ($1.83).
16 years, 10s. ($2.43).
17 years, 12s. 6d. ($3.04).
18 years, 15s. ($3.65).
19 years, 20s. ($4.87).
20 years, 30s. ($7.30).
Proportion (within any
factory or place): One ap
prentice to every 3, or frac
tion of 3, workers receiving
at wage rates or piecework
prices not less than 45s.
($10.95).
1st year’s experience, 6s.
($1.46).
2d year’s experience, 8s.
($1.95).
3d^year’s experience, 10s.
4th year’s experience, 12s.
6d. ($3.04).
5th year’s experience, 15s.
($3.65).
6th year’s experience, 20s.
($4.87).
7th year’s experience, 25s.
($6.08).
Proportion (within any
factory or place): One im
prover (male or female) to
each person receiving at wage
rates of piecework prices not
less than 45s. ($10.95).
* This provision was made in act of Nov. 2,1914.
2Reptrt of the Chief Inspector of Factories and Shops for the year ended Dec. 31,1913, Appendix D.
* Wages of males same as apprentices.
M INIM UM -W AGE LEGISLATION— VICTORIA.
125
Time of beginning and ending work:
Time of beginning, 7.30 a. m .; time of ending, 12.15 p. m. on the day on which
the half holiday is observed.
Time of beginning, 7.30 a. m .; time of ending, 5.30 p. m. on the other working
days of the week.
Overtime.— That the following rates shall be paid for all work done:
(а) Within the hours fixed in excess of 48 hours in any week—
(1) In connection with the repairing of the employer’s machinery or
tools, time and a quarter.
(2) All other work—
First 2 hours, time and a quarter.
Thereafter, time and a half.
(б) Outside the hours fixed—
In connection with the repairing of the employer’s machinery or tools,
time and a quarter.
All other work—
(i) Between midnight and 7.30 a. m ., time and a half.
(ii) Between 12.15 p. m. and 2.15 p. m. on the day on which the
half holiday is observed, time and a quarter.
(iii) Between 5.30 p. m. and 8 p. m. on the other working days of
the week—
First 2 hours’ work, time and a quarter.
Thereafter, time and a half.
(iv) Between 2.15 p. m. and midnight on the day on which the
half holiday is observed, time and a half.
(v) Between 8 p. m. and midnight on the other working days of
the week, time and a half.
Sundays and public holidays.— All work done on Sundays, Good Friday, Easter
Monday, Foundation Day, Eight Hours Day, Christmas Day, Boxing Day, and New
Year’s Day shall be paid for at the rate of double time, but if any other day be by act
of Parliament or proclamation substituted for any of the above holidays, the special
rate shall only be payable for work done on the day so substituted.
Piecework.— This board has determined that the employer may fix piecework prices
to be based on the wage rates determined.
WAGES PER W EE K OF 48 HOURS FIXE D B Y BOOT TRADE BOARD (IN FORCE
JAN. 1,1913).
Minimum wage.
MALES.
Adult males e m p l o y e d
wholly or partly in manu
facturing boots, shoes, and
slippers of every descrip
tion, either by hand or
machinery.
Persons under 21 years of age
(other than apprentices or
improvers) employed sole
ly on errands, sweeping,
last carrying, sorting, and
heel-nail feeding—
Under 15 years of age—
Over 15 and under 16
years of age.
Over 16 years of age........
54s. ($13.14).
7s. ($1.70).
9s. ($2.19).
54s. ($13.14).
FEMALES.
Females employed clicking 54s. ($13.14).
(but not skiving or trim
ming) insides or outsides of
uppers, or stuff cutting,
stuff fitting, or preparing
for makers or finishing (but
not ironing and sizing of
uppers or socking).
Females with four years’ ex 32s. 6d. ($7.91).
perience and over operat
ing wax-thread machines.
All other females with four 25s. 6d. ($6.20).
years' experience and over.
Apprentices.
Improvers.1
Males.
1st year, 7s. 6d. ($1.83).
2d year, 12s. 6d. ($3.04).
3d year, 17s. 6d. ($4.26).
4th year, 22s. 6d. ($5.47).
5th year, 27s. 6d. ($6.69).
6th year—
1st 6 months, 32s. 6d.
($7.91).
2d 6 months, 35s.
($8.52).
Proportion: One appren
tice to every 3, or fraction
of 3, male workers em
ployed and receiving not
less than 54s. ($13.14), or
earning at piecework rate
not less than 54s. ($13.14).
Females.
1st year, 7s. 6d. ($1.83).
2d year, 10s. ($2.43).
3d year, 12s. 6d. ($3.04).
4th year, 16s. ($3.89).
Proportion: One female
apprentice to every 3 or
fraction of 3 female work
ers employed and receiv
ing not less than 25s. 6d.
($6.20), or earning at piece
work rate not less than
25s. 6d. ($6.20).
Males.
Proportion: One im
prover to 10, or over 10,
male workers employed
and receiving not less than
54s. ($13.14), or earning at
piecework rate not less
than 54s. ($13.14).
1 Wages same as apprentices.
Females.
Proportion: Two female
improvers to every female
worker employed and re
ceiving not less than 25s.
6d. ($6.20), or earning at
piecework rate not less
than 25s. 6d. ($6.20).
126
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Time of beginning and ending work:
Time of beginning, 7.45 a. m .; time of ending, 12.15 p. m. on Saturday.
Time of beginning, 7.45 a. m .; time of ending, 6 p. m. on the other working
days of the week.
Overtime.— Any male employee over the age of 16 years who, within the hours of
commencing and ending work as fixed in this determination, works in any week in
excess of 48 hours shall be paid for such extra time at the rate of 3d. (6 cents) per hour
in addition to the wage rate set forth in this determination.
Any person who is engaged outside the hours specified in this determination as the
time of beginning and ending work upon each day shall be paid for such overtime at
the rate of 3d. (6 cents) per hour in addition to the wage rate set forth in this deter
mination in the case of adult males, and at the rate of time and a half in the case of
females and boys under 16 years of age.
Special rates for public holidays.— All work done on Good Friday, Easter Monday,
or the days on which New Year’s Day, Eight Hours Day, Christmas Day, and Boxing
Day are observed as public holidays, shall be paid for at the rate of double time.
Piecework.— A schedule of piecework prices has been fixed by the board.
WAGES PER W E E K OF 44 HOURS FIXED B Y BRICKLAYERS* BOARD (IN FORCE FROM
JAN. 5,1914).
Minimum wage.
Foreman bricklayer in charge
of three or more employees.
Bricklayers employed where
the artificial temperature
is 130° F. or over.
Bricklayers employed on
sewerage work, drainage
work, or underground work
not connected with build
ing construction.
Bricklayers employed on
alterations or repairs to
boilers, flues, ovens, fur
naces, or retorts.
All other bricklayers.............
77s. ($18.74).
132s. ($32.12).
77s. ($18.74).
77s. ($18.74).
Apprentices.
Improvers.
1st year, 10s. ($2.43).
2d year, 17s. 6d. ($4.26).
3d year, 30s. ($7.30).
4th year, 35s. ($8.52).
5th year, 45s. ($10.95).
Proportion: One appren
tice to every 3 workers or
fraction thereof receiving
not less than the mini
mum wage of 71s. 6d.
($17.40).
1st 6 months, 10s. ($2.43).
2d 6 months, 15s. ($3.65).
2d year, 23s. lOd. ($5.80).
3d year, 36s. 8d. ($8.92).
4th year, 49s. 6d. ($12.04).
5th year, 60s. 6d. ($14.72).
Proportion: One improver
to every 4 workers or frac
tion thereof receiving not
less than the minimum
wage of 71s. 6d. ($17.40).
71s. 6d. ($17.40).
Definitions.— Whenever occurring, the following expressions shall have the meanings
hereby assigned to them (that is to say):
(a) Metropolitan center shall mean the Melbourne general post office;
(b) Any other center shall mean the respective town halls of Ballarat, Bendigo,
Geelong, and Warrnambool.
And all distances from a center shall be computed by the radius.
Allowances.— The following extra rates shall be paid to any persons wheresoever
employed—
1. (a) On all work distant from the metropolitan center 3 miles and up to
6 miles, ^d. (1 cent) per hour extra.
(6) On all work distant from the metropolitan center over 6 miles and up
to 16 miles, Id. (2 cents) per hour extra.
2. (a) On all work distant from any other center 3 miles and up to 6 miles,
Jd. (1 cent) per hour extra.
(b) On all work distant from any other center over 6 miles and up to
8 miles, Id. (2 cents) per hour extra.
Provided always that where the locality of the work is nearer to the employee’s
residence than to the center, all distances shall be reckoned from the employee’s
residence, which in such case shall be deemed to be the center.
Time of beginning and ending work.— The time of beginning and ending work for
persons (other than those employed on sewerage work, drainage work, or underground
work not connected with building construction) shall be—
Time of beginning, 7.45 a. m .; time of ending, 5.15 p. m. on each o': five days
in the week.
Time of beginning, 7.45 a. m .; time of ending, 12 noon on the other working
day of the week on which the half holiday is usually observed.
M INIM UM-W AGE LEGISLATION— VICTORIA.
127
Overtime.— (A) Any person (other than a peison employed on sewerage work,
drainage work, or underground work not connected with building construction) who
is engaged outside the hours specified in this determination as the time of beginning
and ending work upon each day, shall be paid for such overtime as follows, namely:
(а) On the weekly half holiday—
Between 12 noon and 5 p. m ., time and a half.
And thereafter until midnight, double time.
(б) On the other working days of the week—
Between 5.15 p. m. and 10.15 p. m., time and a half.
And thereafter until midnight, double time.
(c) Between midnight and 7.45 a. m ., double time.
(B) Any person (other than a person employed on sewerage work, drainage work,
or underground work not connected with any building construction) who, within the
hours of commencing and ending work as fixed in this determination, works in any
week fcr any time in excess of 44 hours shall be paid for such extra time at the rate of
time and a quarter.
(C) Any person employed on sewerage work, drainage work, or underground work
not connected with building construction who works in any week for any time in
excess of 44 hours shall be paid for such extra time at the rate of time and a quarter.
Special rates for Sundays and public holidays.— All work done on Sundays, Good
Friday, and Easter Monday, 26th January (Foundation Day), 21st April (Eight Hours
Day), Christmas Day, Boxing Day, and New Year’s Day snail be paid for at the rate
of double time; but if any other day be by act of Parliament or proclamation substi
tuted for any of the above-named holidays, the special rate shall be payable only for
the day so substituted.
Piecework.— A schedule of piecework prices has been fixed by the board.
WAGES PER W EE K OF 48 HOURS FIXED BY CARDBOARD-BOX TRADE BOARD (IN
FORCE MAR. 3, 1914).
Minimum wage.
Apprentices.
Improvers.1
Year.
Males.
Females.
1st
10s. ($2.43)
7s. 6d. ($1.83)
2d
12s. 6d. ($3.04) 12s. 6d. ($3.04)
3d
15s. ($3.65)
15s. ($3.65)
4th
20s. ($4.87)
17s. 6d. ($4.26)
5th
25s. ($6.08)
20s. ($4.87)
6th
30s. ($7.30)
25s. ($6.08)
7th
36s. ($8.76)
Number (withm any place): One
male apprentice to every 3 or fraction
of 3 male workers receiving not less
than 48s. ($11.68); 1 female apprentice
to every 3 or fraction of 3 female work
ers receiving not less than 23s. ($5.60).
Number (within any
place): Three male im
provers to the first male
worker, and thereafter 1
male improver to each
additional male worker
receiving not less than
48s. ($11.68); 2 female
improvers to every 5 or
fraction of 5 female
workers receiving not
less than 23s. ($5.60).
MALES.
Guillotine cutters...
Cloth or paper cut
ters.
Carton setters..........
Carton cutters.........
All others................
60s. ($14.60).
60s. ($14.60).
58s. ($14.11).
52s. 6d. ($12.77).
48s. ($11.68).
FEMALES.
Guillotine cutters...
Cloth or paper cut
ters.......................
Cloth-box makers...
Paper-box makers..
All others. . . . . *
60s. ($14.60).
60s. ($14.60).
27s. 6d. ($6.69).
25s. ($6.08).
23s. ($5.60).
i Wages same as apprentices.
Overtime.— Any employee who in any week works for any time in excess of 48 hours
shall be paid for such extra time at the rate of time and a third.
Special rates.— Double time shall be the special rate for all work done on Sundays,
New Year’s Day, 26th January, 21st April, Good Friday, Easter Monday, Christmas
Day, and Boxing Day, but if any other day be by act of Parliament or proclamation
substituted for any of the above-named holidays, the special rate shall only be payable
for work done on the day so substituted.
Piecework.— A schedule of piecework prices has been fixed by the board.
128
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
WAGES PER W EE K OF 48 HOURS FIXED BY CONFECTIONERS* BOARD (IN FORCE
M AY 7, 1914).
Minimum wage.
Confectioners.................
Head storeman having
not less than three
storemen under his
control.
Other storemen............
Bulk packers.................
Males over 21 years of
age, without previous
experience:
1st year....................
2d year....................
3d year....................
4th year...................
And thereafter........
All other males..............
Females over 21 years of
age without previous
experience:
1st year....................
2d year....................
3d year....................
4th year...................
And thereafter........
All other females...........
57s. 6d. ($13.99).
50s. ($12.17).
45s. ($10.95).
45s. ($10.95).
30s.
32s.
35s.
40s.
45s.
45s.
($7.30).
($7.79).
($8.52).
($9.73).
($10.95).
($10.95).
Apprentices.
Improvers.1
Year’s
experi
ence.
Males.
Females.
1st
10s. ($2.43)
10s. ($2.43)
2d
12s. 6d. ($3.04) 12s. 6d. ($3.04)
3d
17s. 6d. ($4.26) 15s. ($3.65)
4th
22s. 6d. ($5.47) 17s. 6d. ($4.26)
5th
30s. ($7.30)
20s. ($4.87)
Proportion (by any employer): One
male apprentice to every 3 or fraction
of 3 male workers receiving not less
than 30s. ($7.30); 1 female apprentice
to every 3 or fraction of 3 female work
ers receiving not less than 14s. ($3.41).
Proportion
(by
any employer): One
male improver to
every 3 or fraction of
3 male workers re
ceiving not less
than
57s.
6d.
($13.99); 1 female
improver to every 3
or fraction of 3 fe
male workeis re
ceiving not less than
22s. 6d. ($5.47).
14s. ($3.41).
16s. ($3.89).
18s. ($4.38).
20s. ($4.87).
22s. 6d. ($5.47).
22s. 6d. ($5.47).
1 Wages same as apprentices.
Juvenile workers.— Persons under 21 years of age (other than apprentices or improv
ers) employed at nailing up boxes, tying up boxes, bottles, tins, or parcels, tinning
up, boxmg, or packing under 30 pounds in weight; wrapping; packing stock boxes or
tins or bottles; labeling; picking nuts or fruits or confections; grinding nuts; stirring
gum or sirup; spreading peel or confections; smoothing starch trays; emptying trays;
sieving; cutting fruit or ginger; cleaning; washing tins or bottles;" stamping lozenges;
plain piping or dotting or glazing novelties; marking confectionery; rolling confec
tionery sticks or balls; blanching nuts; separating confectionery; cutting confec
tionery (excepting lozenges or goods of similar nature); grinding figs, acids, and other
ingredients used in the trade; weighing confectionery and ingredients; straining sirup
or other material used in the trade; coating jellies or other confections with such ingre
dients as dry sugar or cocoanut; turning the handle of any machine; all handling of
confectionery directly it leaves the confectioner or machine; packing confections;
stirring confectionery or ingredients (if over 30 pounds, to be done by males only);
upending sugar; icing novelties; glazing confections; cutting neat work; carrying
goods, materials, or utensils; filling dates with cream; placing nuts on paste, shall be
paid as follows:
Per week of 48 hours.
Males.
1st year’s experience................................................
9s. ($2.19)
2d year’s experience................................................. 11s. ($2.68)
3d year’s experience................................................. 15s. ($3.65)
4th year’s experience................................................ 20s. ($4.87)
5th year’s experience............................................... 25s. ($6.08)
6th year’s experience................................................ 30s. ($7.30)
7th year’s experience.........................................................................
Dipping or covering goods in chocolate by hand or fork:
1st year’s experience................................................ 10s. ($2.43)
2d year’s experience................................................. 12s. ($2.92)
3d year’s experience................................................. 14s. ($3.41)
4th year’s experience................................................ 16s. ($3.89)
5th year’s experience................................................ 18s. ($4.38)
6th year’s experience................................................ 20s. ($4.87)
Females.
9s.
10s.
11s.
12s.
14s.
16s.
18s.
($2.19)
($2.43)
($2.68)
($2.92)
($3.41)
($3.89)
($4.38)
10s.
12s.
14s.
16s.
18s.
20s.
($2.43)
($2.92)
($3.41)
($3.89)
($4.38)
($4.87)
Overtime.— That any employee who in any week works for any time in excess of 48
hours shall be paid for such extra time at tHe rate of time and a quarter.
Special rates.— That double time shall be the special rate for all work done on Sun
day, Good Friday, Christmas Day, New Year’s Day, King’s Birthday, Easter Monday,
MINIM UM-W AGE LEGISLATION----VICTORIA.
129
Boxing Day, Foundation Day (Jan. 26), Eight Hours Day (Apr. 21), but if any other
day be by act of Parliament or proclamation substituted for any of the above-named
holidays the special rate shall only be payable for work done on the day so substituted,
Piecework.— This board has determined that the employer may fix piecework prices
to be based on the wages rates determined.
EFFECT OF WAGE DETERMINATIONS IN INCREASING WAGES.
The effect of the determinations of the wages boards upon wages in
the early years of the operation of the act was shown by the chief
factory inspector in his report for 1900. While, as the chief factory
inspector remarks, it is not to be supposed that the increases in wages
shown are due solely to the determinations of the boards, yet the
figures are of interest as showing the course of wages in the years
immediately following the fixing of wages in the six industries where
the earliest effort was made to regulate wages. A table making these
comparisons follows:
AVERAGE W EE K LY WAGES IN INDUSTRIES SUBJECT TO THE DETERMINATIONS OF
SPECIAL BOARDS, 1896 TO 1900.
(Source: Bulletin of the U. S. Bureau of Labor, No. 38, Jan., 1902, p. 157. Quoted from Report of the
Chief Inspector of Factories, Workrooms, and Shops of Victoria for the year ended Dec. 31, 1900.J
Average wages i n Industry.
Bread, males......................
Boot:
Males .......................
Females.......................
Total............................
Clothing:
Males............................
Females........................
Total............................
Furniture:
Males...........................
Females........................
Total............................
Shirt, females.....................
Underclothing, females___
First deter
mination
of board.
Apr.
3,1897
Average
wages
in 1896
before
determi
nation.
$7.89
Dec. 29,1897
.......do............
.......do............
6.53
3.24*
5.63*
Nov. 15,1897
.......do............
.......d o............
8.57*
3.75
4.86*
Apr. 19,1897
....... d o ...........
.......d o ............
Jan. 20,1898
June 26,1899
7.20
3.42*
7.07*
3.51
2.73*
1897
1898
1899
$9.06*
$9.85*
$10.18
8.68
3.81
9.61
4.44
8.76
4.62*
8.43*
9.45
1900
$10.70*
Average
gain
since
1896.
$2.82
8.37*
3.55
6.79*
1.84*
.30*
1.16
10.30
4.40
5.47*
1.72*
.65
.61
9.83*
4.44
9.49
3.57
3.06
2.63*
1.01*
2. 41*
.06
.33*
The most recent report of the chief factory inspector, that for 1913,1
shows for each trade or industry the rates prior to the first determi
nation and those during the last year. These figures are of special
interest in some of the trades where wage determinations have been
longest in force, and the facts as given in the report are reproduced
in full for several of these trades. It will be noted that some very
large increases in wages have occurred within the period covered. In
some cases the mere averages do not bring out the facts very satis
factorily, as is made clear in the explanations which are given in the
column for remarks.
1 Victoria. Report of the Chief Inspector of Factories and Shops for the year ended Dec. 31,1913,
Appendix E, pp. 140-155.
82843°— Bull. 167— 15------- 9
130
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
AVERAGE W EE K L Y WAGE PAID BEFORE AND A FTER DETERM INATION OF MINIMUM
WAGE IN EACH INDUSTRY (ALL EMPLOYEES).
Short title of board and
date when first deter
mination came into
force.
Prior to
determi
nation
first
coming
into
force.
During
last
year.
Increase.
Boot: Dec. 29, 1897..
£ s. d.
13 2
($5.64)
£ s. d.
1 18 0
($9.25)
£ s. d.
0 14 10
($3.61)
1 12 6
2 19 3
($14.42)
16 9
($6.51)
Bread: Apr. 3,1897.
($7.91)
Bricklayers (1911).
Cardboard boxes (1908).
Clothing: Nov. 15,1897.
15 9
($3.83)
10 0
($4.87)
1 4
1
($5.86)
17 0
($6.57)
8 4
($2.03)
7 0
($1.70)
Remarks.
The minimum wage for adult males in this trade
has been raised gradually since 1897 from 36s.
($8.76) per week of 48 hours to 54s. ($13.14) per
week, as at present. The leading manufac
turers declared in 1897 that the trade would be
seriously injured if the minimum was fixed at
45s. ($10.95), and satisfied the department that
such was the case, yet by 1908 the minimum
wagewasraisedto48s. ($11.68) without objection
on the part of employers.
The improvement in the trade is indicated by the
fact that, notwithstanding the increased use of
machinery, the number of employees has risen
from 4,590 in 1897 to 6,691 in 1913.
In 1907 the bread board, on the casting vote of
the chairman, raised the wages of journeymen
from Is. ^d. (25.3 cents) per hour, or £2 10s.
($12.17) per week of 48 hours, to Is. l|d. (27.4
cents) per hour, or £2 14s. ($13.14) per week.
This determination was dated June 12, 1907,
and came into force on Aug. 5,1907. On Aug.
15,1907, the employers' representatives on the
board appealed, under the provisions of sec. 123
of the factories and shops act, 1905, to the
court of industrial appeals against the increase
in wages allowed by the board.
The court (Mr. Justice Hood), after hearing evi
dence, reduced the wages from £ 2 14s. ($13.14)
per week of 48 hours, or Is. l£d. (27.4 cents) per
hour, to £2 10s. ($12.17) per week of 48 hours,
or Is. £d. (25.3 cents) per hour from Sept. 15,
1907.
In August, 1910, as a result of an application by
the employees in the trade, leave was given to
this board by the court to review or alter its
determination, and the board fixed the rates
for oremen or single hands at £3 5s. ($15.82),
and for adult workers at £3 ($14.60) per week
of 48 hours. These wages, which came into
force on Aug. 1, 1911, were, I understand,
agreed to unanimously.
It will be noted as one of the curious changes
effected by time that, whereas in 1907 the em
ployers successfully appealed against a wage
of £ 2 14s. ($13.14), yet m 1911 the wages for the
same hands were fixed at 6s. ($1.46) per week
higher, apparently without any great difficulty.
Owing to the nature of the work there has been
great difficulty in collecting statistics regarding
the majority of employees m this trade. Prior
to the board being appointed the average
weekly wage for adults was given as 72s.
($17.52). In the report for 1911 it was shown as
73s. 9d. ($17.95). It is now 72s. 8d. ($17.68), not
withstanding that the minimum wage has been
raised from 66s. ($16.06) to 71s. 6d. ($17.40) per
week.
The average wage in this trade is lowered by the
very great increase in the number of juveniles
employed. It is one of the original trades
brought under the special board system, and
there is no doubt a great deal of sweating has
been abolished.
The average wage paid to 1,103 adult males in
1913 was £3 0s. 4d. ($14.68), and to 4,683 adult
females £ 1 6s. 9d. ($6.51).
In 1896, before the board came into force, wages
records were received regarding only 3,383 em
ployees, at an average wage of 20s. ($4.87),
whereas last year there were more than that
number of adults employed at the rates given
above.
The total employees for whom wages records were
sent in last year were 8,359, an increase of over
145 per cent as compared with 1896.
MINIM UM-W AGE LEGISLATION---- VICTORIA.
131
AVERAG E W E E K L Y W AGE PAID BEFORE AND AFTE R DETERM INATION OF MINIMUM
WAGE IN EACH IN DU STRY (ALL EMPLOYEES)—Concluded.
Short title of board and
date when first deter
mination came into
force.
Prior to
determi
nation
first
coming
into
force.
During
last
year.
Increase.
Clothing: Nov. 15,1897.
£ s. d.
10 0
($4.87)
£ s. d.
17 0
($6.57)
£ s. d.
7 9
($1.70)
Confectioners (1901)___
16 11
($4.12)
13 7
($5.74)
6 8
($1.62)
Remarks.
The increase in juvenile labor is shown by the
fact that whereas in 1896 the female employees
aged 15 numbered 41, last year there were 214
at that age. Unfortunately the records in 1896
did not indicate the wages of employees who
were over 16.
The report of the chief factory inspector for 1913 shows for prac
tically all of the boards which have issued wage determinations the
average weekly wages of employees before the first determination
and during 1913. These figures, with the date of the first determi
nation in each case, are given in the table which follows:
AVERAG E W E E K L Y WAGES OF ALL EMPLOYEES IN TRADES UNDER W AGES-BOARD
DETERMINATIONS BEFORE DETERMINATIONS AND IN 1913.
[Source: Victoria. Report of Chief Inspector of Factories and Shops, 1913, pp. 140 et seq.]
Average weekly wages of all
employees.
Name of board.
Aerated water trade.....................................................
Agricultural implements.............................................
Artificial manure..........................................................
Asphalters....................................................................
Bedstead makers..........................................................
Billposters...................................................................
Biscuit...........................................................................
Boiler makers...............................................................
Boot..............................................................
Boot dealers.................................................................
Brass workers...............................................................
Bread..... .........................................................
Bread carters................................................................
Brewers.......................................................................
Brick trade...................................................................
Brush makers...............................................................
Butchers.......................................................................
Butter...........................................................................
Candle makers..............................................................
Cardboard-box trade..................................................
Carpenters....................................................................
Carriage.........................................................................
Carters...........................................................................
Cigar trade....................................................................
Clothing........................................................................
Commercial clerks........................................................
Confectioners................................................................
Coopers........................................................................
Cordage.........................................................................
Country-shop assistants...............................................
Cycle trade....................................................................
Drapers.........................................................................
Dressmakers.................................................................
Dyers and clothes cleaners..........................................
Electrical installation...............................................
Electrical supply..........................................................
Electroplaters...............................................................
Engineering..................................................................
Engravers.....................................................................
Factory engine drivers................................................
Farriers.........................................................................
Date of first
determina
tion.
June 6,1904
Apr. 2,1909
Sept. 1,1904
Apr. 1,1913
July 28,1902
Oct. 18,1913
Nov. 21,1913
Aug. 1,1912
Dec. 29,1897
Sept. 11,1911
May 2,1904
Apr. 3,1897
June 14,1909
Apr. 7,1902
May 6,1901
Aug. 4,1902
Jan. 1,1901
Oct. 1,1913
June 24,1907
Mar. 16,1908
Aug. 29,1910
Apr. 2,1910
June 5,1911
Apr. 15,1901
Nov. 15,1897
Jan. 3,1913
May 27,1901
do
Sept. 2,1912
Oct. 7,1912
Sept. 29,1907
Nov. 29,1909
Sept. 5,1904
Sept. 1,1913
Mar. 11,1912
Mar. 2,1914
Sept. 5,1910
Dec. 1,1911
July 1,1901
Nov. 13,1911
June 3,1907
Before
first
determi
nation.
$6.47
9.59
9.10
10.42
7.83
9.31
5.76
10.65
5.64
6.55
7.22
7.91
7.56
8.35
10.12
5.62
9.17
10.28
6.00
3.83
11.56
7.91
9.04
7.36
4.87
7.44
4.12
8.66
5.43
7.40
6.77
6.33
2.90
6.00
9.29
11.11
7.77
9.47
8.98
12.31
8.56
During
1913.
$9.17
11.76
11.86
12.79
11.29
12.23
6.04
11.86
9.25
9.87
9.69
14.42
10.65
12.33
12.90
10.67
14.21
10.99
10.16
5.86
15.21
10.28
11.58
10.42
6.57
10.91
5.74
15.94
6.91
9.43
10.06
9.29
4.72
8.94
10.95
12.29
11.11
12.39
12.41
14.54
10.36
Increase.
$2.70
2.17
2.76
2.37
3.47
2.92
.28
1.22
3.61
3.33
2.47
6.51
3.08
3.97
2.78
5.05
5.05
.71
4.16
2.03
3.65
2.37
2.53
3.06
1.70
3.47
1.62
7.28
1.48
2.03
3.28
2.96
1.82
2.94
1.66
1.18
3.35
2.92
3.43
2.23
1.80
132
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
AVERAGE W E E K L Y WAGES OF A LL EMPLOYEES IN TRADES UNDER WAGES-BOARD
DETERMINATIONS BEFORE DETERMINATIONS AND IN 1913.
Average weekly wages of all
employees.
Name of board.
Date of first
determina
tion.
Fp.11mongp.rs.......................... .........
.................... Aug. 3,1901
Flour............................................................................. Aug. 3,1907
Furniture trade (cabinetmaking, etc.)....................... Apr. 19,1897
M a n t e lp ie c e s q.nd overm a.ntp.1s_____
______. . .
May 6,1901
Carpets, linoleums, etc.......................................... July 1,1909
Furniture dealers......................................................... July 1,1912
Gardeners...................................................................... Sept. 7,1912
Gas meters.................................................................... Mar. 2,1914
Glassworkers................................................................. Nov. 29,1909
Gold miners.................................................................. Mar. 1,1912
Grocers........................... .............................................. Mar. 14,1910
Growers' sundries..,
. ................ . ........
....... Aug. 5,1912
Hairdressers.................................................................. Dec. 13,1909
Ham and bacon curers................................................. Jan. 2,1911
Hardware...................................................................... Jan. 1,1912
Horsehair...................................................................... Sept. 6,1913
Ice................................................................................. Nov. 1,1909
Iron molders................................................................. Oct. 1,1904
Jam trade...................................................................... June 3,1901
Jewelers......................................................................... June 1,1901
Leather goods............................................................... Aug. 31,1903
Lift................................................................................ Aug. 14,1911
Livery stable................................................................ Aug. 19,1912
Malt.............................................................................. Apr. 3,1902
Marine store.................................................................. Oct. 28,1911
Meat preservers............................................................ Mar. 2,1914
Men's clothing.............................................................. Dec. 12,1910
Millet broom................................................................. Jan. 1,1901
Milliners........................................................................ July 1,1907
Mining-engine drivers.................................................. Sept. 4,1911
Motor drivers................................................................ Aug. 23,1913
Nail makers.................................................................. Oct. 16,1913
Night watchmen......................................................... July 11,1911
O ffic e cle a n e r s ....................................................................................
N o v . 10,1913
Organ............................................................................ June 6,1910
Oven makers................................................................. Feb. 29,1904
Painters......................................................................... Oct. 1,1910
Paper............................................................................. May 11,1914
Paper-bag trade............................................................ Nov. 20,1907
Pastry cooks................................................................. Sept. 2,1901
Picture frame............................................................... Jan. 11,1909
Plasterers...................................................................... Dec. 11,1911
Plate glass.................................................................... May 30,1901
Plumbers...................................................................... Dec. 2,1910
Polish............................................................................ May 12,1911
Pottery trade................................................................ Mar. 27,1901
Printers:
Bookbinding.......................................................... Jan. 1,1902
Printing (metropolitan district)........................... .......do............
Printing (outside metropolitan district, but not
under country printers’ board)......................... .......do............
Country printers.......................................................... Sept. 8,1913
Quarry........................................................................... Aug. 15,1910
Rubber trade................................................................ Jan. 1,1910
Saddlery........................................................................ Oct. 21,1901
Country saddlery......................................................... Feb. 3,1913
Shirt.............................................................................. Jan. 20,1898
Slaters and tilers.......................................................... Feb. 1,1912
Soap and soda............................................................... June 17,1907
Starch............................................................................ June 29,1907
Stonecutters.................................................................. Mar. 4,1901
Straw hat...................................................................... Oct. 17,1913
Tanners......................................................................... May 27,1901
Tea packing.................................................................. Feb. 10,1912
Tie makers.................................................................... May 22,1913
Tinsmiths...................................................................... Nov. 1,1905
Underclothing.............................................................. June 26,1899
Undertakers.................................................................. Feb. 16,1912
Watchmakers............................................................... Sept. 1,1911
Waterproof clothing..................................................... Sept. 2,1907
Wholesale grocers......................................................... |Aug. 12,1912
Wicker........................................................................... ! Aug. 11,1902
Wireworkers................................................................. i Dec. 1,1909
Woodworkers............................................................... Apr. 15,1901
Country woodworkers.................................................. Nov. 4,1912
Woolen trade................................................................ Apr. 8,1902
Before
first
determi
nation.
During
1913.
Increase.
$7.91
9.85
7.08
8.15
6.27
11.11
7.89
12.98
8.50
10.81
6.65
5.86
5.54
9.55
8.56
8.29
12.23
9.21
5.15
8.23
4.95
6.08
7.62
10.00
6.23
9.51
9.33
6.79
2.66
12.17
10.26
8.90
10.93
4.32
9.25
7.95
9.92
9.08
3.53
7.50
5.82
13.95
6.69
7.95
4.87
6.83
$10.79
12.29
11.17
11.54
8.15
13.48
9.92
13.42
12.47
12.09
10.18
7.22
10.12
12.37
11.64
10.16
15.84
12.61
7.28
11.88
7.58
11.80
10.63
13.02
10.38
10.26
13.40
10.77
4.10
14.94
12.45
10.69
12.73
6.91
10.40
11.70
13.52
9.51
4.66
9.87
9.25
16.51
10.87
13.08
5.56
9.65
$2.88
2.43
4.10
3.39
1.89
2.37
2.03
.44
3.97
1.28
3.53
1.36
4.58
2.82
3.08
1.87
3.61
3.41
2.13
3.65
2.64
5.72
3.00
3.02
4.16
.75
4.08
3.97
1.44
2.78
2.19
1.78
1.80
2.60
1.16
3.75
3.61
.43
1.14
2.37
3.43
2.56
4.18
5.13
.69
2.82
4.81
8.96
6.43
12.65
1.62
3.69
7.54
8.76
11.80
8.15
6.59
7.44
3.67
9.90
6.59
5.05
8.74
9.27
7.73
6.10
3.85
6.75
2.74
10.32
8.31
5.41
8.50
5.58
7.09
8.07
11.92
4.97
12.21
9.57
13.61
10.87
10.00
8.72
5.74
15.69
8.60
8.96
13.63
12.63
11.48
7.81
5.37
9.14
4.38
12.79
12.04
7.66
11.42
10.46
10.87
12.57
13.26
6.73
4.66
.81
1.80
2.72
3.41
1.28
2.07
5.80
2.01
3.91
4.89
3.37
3.75
1.70
1.52
2.39
1.64
2.47
3.73
2.25
2.92
4.89
3.18
4.50
1.34
1.76
M INIM UM-W AGE LEGISLATION— VICTORIA.
133
OPERATION OF THE LAW.
The following list of questions concerning the operation of the
minimum-wage law in Victoria was sent by the New York Factory
Investigating Commission to the chief factory inspector at Mel
bourne: 1
First. Does the minimum wage become the maximum ?
Second. How far are the unfit displaced by such legislation ?
Third. Do such laws tend to drive industry from the State ?
Fourth. Do they result in decreasing efficiency ?
In response the following statement was received:
FIRST QUESTION.
It is frequently asserted in this State that the minimum becomes
the maximum, but our official figures show that this is not the case.
I am sending by separate packet a book containing all the existing
factory laws of Victoria, and a copy of my latest annual report. If
you will kindly refer to Appendix B you will see what the average
wage in the trade is. A further reference to Appendix D will give
you the wages in any particular trade.2 I regret that I have not
figures which will preciselv answer your question, but a careful comarison will show that the average wage in a trade is invariably
igher than the minimum wage. I do not know that there is any
exception to this in Victoria.
E
SECOND QUESTION.
Legislation which fixes a standard wage undoubtedly has the effect
of displacing the unfit. Our experience, however, shows that this
dislocation is not serious, and that as a rule things regulate themselves
fairly satisfactorily. It is true, however, that in Victoria for some
years there has been a shortage of labor, and this fact probably has
a good deal of bearing on this point. I do not think there is any evi
dence that philanthropic agencies have ever been called upon to
increase their work through minimum-wage legislation. There is,
however, a section in our law which enables a license to be issued to
a defective worker to permit a lower wage than the minimum to be
paid to him (see sec. 202 of law). This power is only sparingly used,
as it is regarded very jealously by the trades-unions, and this depart
ment requires very strong evidence before it will issue a license to
work for less than the minimum.
THIRD QUESTION.
There is no evidence to show that our labor legislation has driven
any industry from the State, nor from Victoria to any other part of
the Commonwealth. As a matter of fact, labor laws are in opera
tion all over the Commonwealth, so that, if our legislation had any
such effect, the industry would have been driven to other countries.
There has been an increasing amount of imports in the last few years,
but I think I can safely say that the evidence tends to the belief that
that is caused more by our general prosperity than any other factor.
Side by side with the increasing proportional imports has been a great
increase in production and in the number of factories established.
1 Third report of the New York State Factory Investigating Commission. Appendix III. Minimumwage legislation, by Irene Osgood Andrews, pp. 228-231.
2 See pages 124 to 129. For comparison of wages prior to wages-board determination and in 1913, see
pages 131 and 132.
134
BULLETIN OP THE BUBEATT OF LABOR STATISTICS.
FOURTH QUESTION.
Mj own opinion is that the fixing of a standard wage increases
efficiency generally, from the fact that the employer demands in
return a standard degree of efficiency. It is true that some of the
unions have endeavored to restrict the output, and have in some
cases gone so far as to strike for the purpose of enforcing their de
mands. They have invariably failed. At the same time there is
some evidence that in certain of the trades—and in that connection
the agricultural implement making trade might be mentioned—
they nave succeeded to some extent in lessening the output. For
that reason there is a large section of employers in this State who
believe that the only fair way of regulating wages is by piecework.
Our wages boards have power either to fix piecework rates or to give
the employer that privilege with the provision that the piecework
rates fixed by him shall be such as will enable an average worker to
earn at least the minimum wage. One strike is on record against the
fixing of piecework rates by the employer. The molders at the
Sunshine Harvester Works objected to piecework rates in any
form, although in fact the men were earning considerably over the
minimum, and in some cases twice as much. Yet the union took
their men out for the simple reason that they objected to piecework
being paid under any circumstances, and the men have been out now
some nve or six weeKs. It is only a sectional strike, and probably not
more than 20 or 30 men are affected. To answer your question
generally, I think it can be truthfully said that the efficiency of the
workers all-round is distinctly higher under the minimum wage than
it was before.
I
may say, in conclusion, that the minimum-wage law in Victoria
is working very smoothly. There are fewer strikes in this State under
the wages-boards provision than in the neighboring State of New
South Wales, where they have an arbitration court. For the last 3
months, out of the 49 strikes that occurred in the 6 States of Australia,
38 were in New South Wales. Our wages-board law takes no cog
nizance of a strike once it occurs, but leaves the parties to fight
it out amongst themselves. In New South Wales they have elaborate
rovisions for settling strikes that occur, with the above result. We
elieve that the best way of settling strikes is to provide—as we do in
Victoria—every means of arriving at fair conditions between master
and man, and of revising those conditions as occasion demands,
and then washing our hands of the whole matter.
Prof. M. B. Hammond spent the winter of 1911-12 in Australia
and New Zealand studying the operation of the wage board and
arbitration legislation, and has summarized his conclusions in the
following statement:1
In conclusion, I wish to sum up as briefly as possible the results
which it seems to me have been attained in Victoria and, so far as
their experience extends, in the other Australian States, under the
wages-boards system. Perhaps I. may be allowed to say that I
have reached these conclusions after a thorough study of the reports
E
1 Third report of the New York State Factory Investigating Commission. Appendix III. Minimum
wage legislation, by Prof. M. B. Hammond, pp. 222-228. See also Prof. Hammond's articles referred to
in the bibliography at the end of this Bulletin. They are of special importance as giving the results of the
most recent first-hand study of a thoroughgoing character.
M INIM UM -W AGE LEGISLATION---- VICTORIA.
135
and records of the departments concerned in the administration of
the acts, after attendance on many board meetings, and after inter
viewing many people, Government officials, chairmen of wages boards,
employers, trade-union officials, social reformers, and politicians who
have had much to do with wage-board legislation and administration.
1. We may say without hesitation, I think, that sweating no longer
exists, unless perhaps in isolated instances, in Melbourne or in other
industrial centers of Victoria. This is the opinion expressed to me
not only by the officials in the factory inspector’s office, including
the women inspectors, but also by Mr. Samuel Mauger, the secretary
of the Anti-Sweating League, who is constantly on the alert to detect
any evidence of sweating and to ask for the appointment of a board
in any trade in which it is thought to exist. In the board meetings
the efforts of the labor representatives are nowadays seldom directed
toward securing subsistence wages, but they aim rather to secure a
standard rate of pay based on the needs of the average worker and
as much above this as is possible.
2. Industries have not been paralyzed nor driven from the State,
as was freely predicted by extreme opponents of the wages-boards
plan. There is one instance of a plant having left Victoria on this
account.
A brush manufacturer from England, who had recently come to
Victoria to establish his business, was so enraged at the idea that the
wages he was to pay were to be regulated oy law that he moved
across Bass Strait to Tasmania. That is the only instance of the
kind to be found in the records. On the other hand, there has been
a steady growth of manufactures. In 1896, when the factories
act, containing the wages-board provisions, was passed, there were in
Victoria 3,370 factories; in 1910 there were 5,362. In 1896, the
number of workers in factories was 40,814; in 1910 it was 83,053.*
This, I think, indicates as great a growth in manufacturing industry
as most countries are able to show.
3. In spite of the fact that the law in Victoria does not forbid
strikes, as is the case under compulsory arbitration, it would be hard
to find a community in which strikes are so infrequent as they are
in Victoria. There are, I think, not more than half a dozen cases
in which a strike has occurred in a trade where the wages and hours
were fixed by a wages board. The only serious strike of this sort
was in a trade where the court of industrial appeals had lowered the
wages fixed by the wages board after these wages had been paid for
some weeks. I may add at this point the statement that there are
very few cases of appeals from a wages-board determination in Vic
toria, though there seem to be more in South Australia.
4. In spite of the fact that the meetings of the boards are at times
the scenes of outbreaks of passion, ana angry and insulting words
pass back and forth across the table, there can be little doubt but that
the representatives of both parties go away from these meetings with
an understanding of the problems and difficulties which the other
side has to meet, which is usually lacking in trades where collective
bargaining is not resorted to. This was repeatedly brought to my
attention both in and out of board meetings bv men who had taken
part in these discussions. It probably goes far toward explaining
the infrequency of strikes and lockouts.
1 By 1913 these numbers had increased to 8,089 factories with 110,487 employees.
136
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
5. That the minimum wage fixed by the board tends to become the
maximum in that trade is often asserted, but it would not be easy to
prove. Employers have frequently said to me that they believed
there was a tendency in that direction, but they have seldom been
able to furnish evidence to that effect from their own establishments.
At times I have found on inquiry that not a single man in their own
plants was receiving the minimum wage. The employers’ opinions
seem to be more the result of a priori reasoning than the results of
actual experience. Nor, on reflection, is it easy to see why the mini
mum should become the maximum. The determinations do not
compel an employer to hire or to retain in employment any worker.
He is free to dismiss any man whom he believes incapable of earning
the minimum wage, or he can send the employee to the chief factory
inspector for a permit to work at less than the minimum fixed by the
board. There seems to be no reason why under this system there
should not be the same competition among employers as under the old
system to secure the most efficient and highly skilled workmen, and
there is no reason why such men should not get wages based on their
superior efficiency. Victorian statistics on this point are lacking,
but in New Zealand, where minimum wages are fixed by the arbitra
tion court, statistics as to wages tabulated in 1909 by the Labor
Department, showed that in the four leading industrial centers of the
Dominion the percentage of workers in trades where a legal minimum
wage was fixed who received more than the minimum varied from
51 per cent in Dunedin to 61 per cent in Auckland.1 There is no
reason to think that a dissimilar situation would be revealed by a
statistical investigation in Victoria.
6. Although the legal minimum wage does unquestionably force
out of employment sooner than would otherwise be the case a certain
number oi old, infirm, and naturally slow workers, it is easy to exag
gerate the working of the minimum wage in this respect. The
opinions of employers differ in regard to this point. Workers who
feel that they can not earn the minimum wage may apply to the chief
factory inspector for a permit to work at a less rate than the mini
mum, and the officials who have charge of this matter feel pretty
certain that in this way practically all cases really needing relief
are cared for. The percentage of men with permits is, however, not
high, and possibly there are some who are forced out of work who
do not apply for a permit.
7. There is also much difference of opinion as to whether or not the
increased wages have been to any considerable extent counterbal
anced by an increase of prices due to the increased wages. The prob
ability is that in some occupations higher wages have in this way
been passed on to the consumers, the laboring classes included. This
would be especially true of industries purely local where there was
little opportunity to use machinery.
In Melbourne, following close upon a wage-board determination
which raised the wages of waiters and cooks in hotels and restaurants,
the cheap restaurants which had been furnishing meals at 6d. (12
cents) by a concerted movement doubled their prices. While the
increase of wages in this case was doubtless in part responsible for
this increase of prices, in the main the wage increase was the occasion
1 See pages 170 to 172.
M INIM UM -W AGE LEGISLATION---- VICTORIA.
137
rather than the cause of the increase in prices, which was bound to
come sooner or later because of the increase in cost of food supplies.
The New Zealand commission on the cost of living, which has
recently published its report, carefully considered this question as to
the effect of labor legislation on the cost of living and concluded that
in the case of staple products whose prices were fixed in the world's
markets, the local legislation could have had no effect on prices. In
other trades, the increased labor costs had served to stimulate the
introduction of machinery and labor-saving devices; in still other
trades it had apparently not increased efficiency, and accordingly
labor costs had increased. This seems to have been the case in coal
mining. Generally speaking, the evidence in most trades was not
sufficiently definite to show whether or not there has been an increase
or a decrease in efficiency due to labor legislation. This is about
what we must conclude as a result of the conflicting testimony on
this point in Australia as well as in New Zealand. I found that most
employers with whom I talked were certain that laborers were less
efficient than in former years. Generally they could not explain
very satisfactorily how this was due to legislation, and’ their argu
ments usually reduced themselves to the assertion that the tradeunions were preaching and their members were practicing the doc
trine of “ go easy,” and were in this way restricting the output.
Trade-union officials, on the other hand, were just as emphatic in
their declaration that such a matter had never been discussed in their
meetings. I do not believe that in this respect conditions in Australia
differ from what they are in America, and I find that the same asser
tions are made here by employers as to the effect of trade-unions
and that these statements are as vigorously denied by the union
officials. Only to the extent, therefore, that compulsory arbitration
and wage boards tend to develop and strengthen unionism, which they
undoubtedly do, can we find that the legal minimum wage exerts
any appreciable effect on the decline of efficiency and the restriction
of output. This must remain, therefore, a mooted point.
8.
Finally, whatever may be the difference of opinion between
employers and employees as to the effect of the legal minimum wage
in Victoria in producing certain results, and whatever criticisms they
may make of the administration of the factories act, both sides are
now practically unanimous in saying that they have no desire to
return to the old system of unrestricted competition in the purchase
of labor. I did not find an employer who expressed a desire to see
the wages boards abolished. Generally speaking, employers are just
now holding tightly to this plan, partly no doubt as a means of sav
ing themselves from an extension of the operations of the Common
wealth arbitration act. In the main, however, they have been con
vinced that the minimum wage has not been detrimental to their
businesses and that it has forced their rivals to adopt the same scale
of wages as they are themselves obliged to pay. I have mentioned the
fact that the Victorian Chamber of Manufactures led the attack on
the wage-board system when the Government was providing for its
extension in 1900. Last April (1912) the president and secretary of
that organization and the president and secretary of the Victorian
Employers’ Association tola me that in spite of the defective admin
istration of the wages-boards act their members had no longer any
138
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
desire to have the system abolished. The trade-union secretaries also
complain of the administration of the act, particularly that the chief
factory inspector does not take a more drastic attitude in regard to
the prosecution of the violators of the act whom they have reported.
This fact that both sides complain of the administration of the act is
a pretty fair indication that the administrative officials are doing their
work in a conscientious manner without prejudice or favor. The
trade-unionists generally admit that labor has been greatly benefited
by the wages-boards legislation, and they do not desire a repeal of
these laws, but many of them in Victoria are inclined to think that
compulsory arbitration would give them even more. The wages
boards deal only with wages, hours, payment for overtime, and the
number and proportion of apprentices. The arbitration courts, on
the other hand, may and sometimes do give preference to unionists
and are often called upon to decide many minor matters which can
not be considered by wages boards. Furthermore, wages boards
established by any one State are bound to consider interstate com
petition when they fix wages. The Commonwealth arbitration court,
on the other hand, can regulate wages throughout Australia in the
industrial field within which it operates. Hostility to the minimum
wage in Australia may therefore he said to have practically died out,
and the question most discussed to-day is whether this minimum
wage shall be secured by means of wages boards or through the
machinery of a Federal arbitration court.
NEW SOUTH WALES.1
H ISTO RY OF LEGISLATION FOR FIXING W AGES.
In the industrial arbitration act, 1901, the principal innovation
lay in the extension of the definition of industrial disputes, so as to
include consideration of conditions prevailing in industries in which
no dispute existed technically. Under the act of 1908, which represents
the third stage in the development of an industrial code, a social ideal
was definitely evolved that every normal individual is entitled to a
reasonable standard of comfort consistent with the welfare of the
community.
All aVards, orders, and directions of the court of arbitration,
and all industrial agreements current and in force at the commence
ment of the act, remained binding on the parties, and on the em
ployers and employees concerned, for the period fixed by the court,
or by the award, or agreement, or where no period was fixed, for one
year from July 1,1908. Any industrial agreement might be rescinded
or varied in writing by the parties, any such variation, if filed with
registrar, to be binding as part of the agreement.
rrovision was made for the registration of trade, as industrial
unions, and the expiration of the industrial arbitration act, 1901, did
not affect the incorporation of industrial unions registered under that
act, while any trade-union registered under the act might make a
written agreement with an employer relating to any industrial matter.
The industrial court consisted of a judge, sitting with assessors,
when necessary.
i This section to page 142 is from the Official Year Book of New South Wales, 1913, p. 910 et seq.
M INIM UM-W AGE LEGISLATION---- NEW SOUTH WALES.
139
A board could be constituted for an industry on application to the
industrial court by—
(а) An employer or employers of not less than 20 employees
in tne same industry.
(б) A trade-union registered under the act having a member
ship of not less than 20 employees in the same industry.
(c) An industrial union whose members are such employers or
employees.
(d) Where tnere is no trade or industrial union of employees
in an industry having membership and registered as
aforesaid or where such union fails to make application,
then not less than 20 employees in such industry.
Each board consisted of a chairman and not less than two (nor
more than four) other members as determined by the industrial court,
one-half of whom were employers and the other half employees at
some time engaged in any industry or group of industries for which
the board was constituted. Where the employers or employees con
sisted chiefly of women and girls, the court could waive this qualifica
tion of quondam employment.
A board with respect to the industry or group of industries for
which it was constituted might—
(a) Decide all disputes.
(b) Fix the lowest price for piecework and the lowest rates of
wages payable to employees.
(c) Fix the number of hours and the times to be worked in
order to entitle employees to the wages so fixed.
(d) Fix the lowest rates, including allowances as compensation
for overtime and holidays and other special work.
(e) Fix the number or proportionate number of apprentices
and improvers and the lowest prices and rates payable
to them, according to age and experience.
(/) Appoint a tribunal, other than the board itself, for the
granting of permits allowing aged, infirm, or slow work
ers, who are unable to earn the lowest rates of wages
fixed for other employees, to work at the lowest rates
fixed for aged, infirm, or slow workers. If no such tri
bunal is provided by the board, the registrar has juris
diction to grant such permits.
(g) Determine any industrial matter.
Qb) Rescind or vary any of its awards.
At any time within one month after publication of an award by a
board any trade or industrial union or any person bound by the
award could apply to the industrial court for leave to appeal to such
court. The court alone has power to rescind or vary any award or
order made by it, or any award of a board which had been amended
by the court, or any award of a board which had been dissolved or
was no longer in existence; but where public interests are endangered
the Crown might intervene in proceedings and make any necessary
representations; or, further, the Crown might at any time after the
making of an award apply for leave and appeal to the industrial court.
Under the amending act of 1910 proceedings for the enforcement of
awards and penalties were made referable to a magistrate’s court,
and in accordance with this proviso the industrial registrar’s court
was constituted as a court of petty sessions.
140
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The principal points of the industrial arbitration act of 1912 relate
to the operations of industrial boards. Provision is made for the
registration of industrial unions of employers and employees and also
for the cancellation of registration by request or by determination of
the court. Unions of employees may make industrial agreements
with employers or with any other industrial union, such agreements
to be filed and to be binding for five years.
In the constitution of the court of industrial arbitration, provision
was made for the appointment of an additional judge and of a deputy,
and for the constitution of industrial boards of two or four members,
equally representing employers and employees, with a chairman
appointed by the minister.
Complementary to the industrial disputes act, 1908, and its amend
ments, the clerical workers’ act, 1910, was passed to enable the con
stitution of a tribunal to fix a minimum wage for persons engaged in
clerical work, as difficulty was experienced in applying the machinery
of the industrial disputes act as to wages board to work of this nature,
which, moreover, was not an industry or calling scheduled under the
act. The clerical workers’ act provides that, on application to the
industrial court by any employer of not less than 10 clerks or by not
less than 10 clerks in the same or similar employment, the court
may—
(1) Fix the minimum wages and rates for overtime payable to
clerks, such minimum to be a real minimum, based on the
wage which, in the court’s opinion, should be paid to—
(a) The lowest grade of efficient clerical labor, if it does not
classify such labor; or
(b) The lowest grade of efficient labor in each class, if it classi
fies suchlabor.
The classification is determinable by age, experience, qualification,
nature of employment, or in any other way practical, expedient, and
just.
(2) Provide specially for aged, infirm, or slow workers.
The provisions of the industrial disputes act, 1908, were applicable
for the making and enforcing of awards, which would be binding for
three years. No tribunal has been constituted under this act, which
remains supplementary to the industrial arbitration act, 1912; nor
have any proceedings whatever been taken under its provisions.
D EVELOPM ENT OF JURISDICTION OF W A G E TRIBUNALS.
The industrial arbitration act, 1901, aimed at the determination
of disputes referred to it rather than at the constitution of a regulative
tribunal. The jurisdiction of the court of arbitration extended to all
industries except domestic service, and its awards applied without
limitation of area throughout the State.
The industrial disputes act, 1908, aimed at the constitution of
wages boards to determine the conditions which should govern
employment in specified industries. Boards could be constituted for
industries or occupations or local sections of industries or for any
division or combination of employees in industries, as might be judged
expedient by the court. In practice, boards were constituted for
industries, but employees were associated according to trades, to
materials worked in, or to goods made, with the result that there were
boards for trades, for business, and for industries or associations of
M INIM UM-W AGE LEGISLATION---- NEW SOUTH WALES.
141
trade—all with exemptions for certain classes of employees or
employers.
Under the industrial arbitration act, 1912, the powers of the court
and of its subsidiary tribunals are not limited to the relationships
of employment. The range of industries and callings is defined
by schedule, and boards may be constituted for any industry or
calling or for division or combination in such industry or calling. In
practice, old boards have been reestablished so far as is consistent
with the conditions of the act. Thus a material distinction between
the wages-board system as operative under the industrial disputes
acts, 1908-1910, and the industrial boards, provided under the indus
trial arbitration act, 1912, lies in the grouping of allied industries
under one chairman and in the arrangement of such boards more
upon the basis of craft or calling than of industry, the ultimate aim
being the maintenance of some 28 subsidiary arbitration courts, each
having power to deal with a group of allied industries, but subject to
the general control of the court of industrial arbitration, whicn in its
supreme direction will coordinate the work of the minor courts.
FUNCTIONS OF INDUSTRIAL BOARDS.
The powers of the boards in making awards include—
(а) Fixing the lowest prices for work done by employees, and
the lowest rates of wages payable to employees, other
than aged, infirm, or slow workers;
(б) Fixing the number of hours and the times to be worked in
order to entitle employees to the wages so fixed;
(c) Fixing the lowest rates for overtime and holidays and other
special work, including allowances as compensation for
overtime, holidays, or other special work;
(id) Fixing the number or proportionate number of apprentices
ana improvers and the lowest prices and rates payable
to them;
(e) Determining any industrial matter;
(/) Rescinding or varying any award made in respect of any
of the industries or callings for which it has been con
stituted;
(g) Declaring that preference of employment shall be given
to members of any industrial union of employees over
other persons offering their labor at the same time, other
things being equal; provided that where any declara
tion giving sucn preference of employment has been
made in favor of an industrial union of employees such
declaration shall be canceled by the court of arbitration
if at any time such union, or any substantial number of
its members, takes part in a strike or instigates or aids
any other person in a strike; and if any lesser number
takes part in a strike, or instigates or aids any other
persons in a strike, such court may suspend such decla
ration for such period as to it may seem just.
Where an institution carried on wholly or partly for charitable
purposes provides for the food, clothing, lodging, or maintenance
of any of its employees or any of its inmates who are deemed to be
employees, the board in its award as to the wages of such employees
or inmates shall make due allowance therefor. The board may
142
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
exempt such institution from all or any terms of the award where the
food, clothing, lodging, and maintenance provided by the institution,
together with the money (if any) paid by the institution to such
employees or inmates as wages are at least equal in value to the
value of the labor of such employees or inmates.
Awards are binding for a maximum period of three years on all
persons engaged in the industries or callings and within the locality
covered. Appeal lies to the court, but the pendency of an appeal
does not suspend the operation of the award.
Proceedings before a board may be commenced by—
(a) Reference to the board by the court or the minister; or
(&) Application to the board by employers or employees in
the industries or callings for which the board has been
constituted.
PROCEDURE IN FIXING MINIMUM WAGE.
1. The court of industrial arbitration recommends the establish
ment of a board.
2. The minister establishes the board.
3. Minister or court of industrial arbitration refers matter to
board, or employers or an industrial union makes application to
board.
4. The board shall make investigation in such manner as it thinks
fit, and may conduct proceedings, having power to call witnesses
and demand, records.
5. The board may make an award fixing minimum time and piece
rates of wages, the hours of labor, the minimum rates for overtime
and holidays, the proportionate number of apprentices and improv
ers and the minimum rates for them, etc.
6. The award of the board is signed by the chairman and forwarded
to the registrar, who forthwith publishes it in the Gazette and notifies
the parties. Every award takes effect upon publication.
7. Within 30 days of publication of award application may be
made to the industrial court, with its consent, for variation or amend
ment of the award or for a rehearing.
8. If the board refuses to make any award, any of the parties may,
within 14 days of such refusal, make application to the industrial
court to make an award.
9. On such application, or upon its own initiative, the industrial
court may confirm, vary, or rescind the award appealed from, or
make a new award. (An appeal does not suspend an award.)
STATISTICS OF BOARDS AND AWARDS.1
From February, 1902, to July, 1908, the court of industrial arbi
tration made 89 awards. From July, 1908, to April, 1912,213 wages
boards under the industrial disputes acts, 1908-1910, issued 430
awards.
During the four years ended June, 1912, the transactions of the
industrial court in regard to boards and awards were as follows.
1 The remainder of this section to page 145 is from the Official Year Book of New South Wales, 1913, p.
923 et seq.
143
M INIM UM -W AGE LEGISLATION— NEW SOUTH WALES.
OPERATIONS OF THE INDUSTRIAL COURT IN EACH OF THE YEA R S 1909 TO 1912.
Constitution of
boards.
Year.
1909..
1910..
1911..
1912..
Awards.
Boards
dis
Appli Recom solved.
cations mend
Made. Varied.
re
ed.
ceived.
105
44
34
0)
100
38
34
0)
3
13
7
21
45
102
54
153
35
60
6
i The figures for this year can not be used for comparative purposes, as under the system of the 1912 act
(operating from April, 1912) the court, on its own motion, and without application to it, recommends the
constitution of boards,
a Until Apr. 17.
The operations of the year ended June, 1913, are subject to the
industrial arbitration act, 1912, which was operative from April 18,
1912. The transactions for the year ended June 30, 1913, were as
follows:
Boards constituted..........................................................................................
Boards dissolved..............................................................................................
Awards rescinded............................................................................................
Awards varied...................................................................................................
Injunctions granted..........................................................................................
211
13
2
29
2
On June 30, 1913, the number of boards in existence, including
those under the 1908 act, was 196, in addition to one special board.
The number of awards of boards for the year was 113, while 33 awards
were varied. The awards of the court numbered 6 and variations
and amendments 35.
INDUSTRIAL AGREEMENTS.
Trade-unions were empowered under the industrial arbitration act,
1901, to make written agreements with employers in regard to any
industrial matters, the practice of collective bargaining, which had
been followed by well-organized unions for years, then first receiving
statutory sanction. Agreements relating to any industrial matter
could be made by an industrial union with another industrial union
or with an employer, and when filed were binding between the parties.
Rescissions and variations of agreements also had to be made in
writing and duly filed.
Between 1901 and 1908, 28 industrial agreements were filed, of
which 11 were subsequently extended as common rules of the in
dustry concerned. The validity of this procedure being questioned,
the high court of Australia decided in December, 1904, that it was
a condition precedent to the exercise of the power of the court of
arbitration to declare a common rule, that there should be in exist
ence an award, orderj or direction made by that court in pursuance
of a bearing or determination upon a reference under the act. In
November, 1905, the court of arbitration declared, by judgment, that
the court had no power to make an award, unless a dispute had been
initiated and referred to the court for determination. Thus an agree
ment was not convertible into an award for the purpose of making
it a basis for a common rule. Under the industrial disputes act, 1908,
144
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
the power of the industrial union of employees to make an agreement
was continued. Each agreement would be binding on the parties
and on every person while remaining a member of the contracting
trade-union or branch. Under the industrial arbitration act, 1912,
the agreement may be enforced in the same manner as an award; its
maximum duration is fixed at five years, as against three years under
the previous enactments. Otherwise, conditions relating to agree
ments were not altered materially.
Following is a statement of the number of agreements filed in each
year since 1902:
AGREEMENTS FILED IN EACH Y EA R , 1902 TO 1905.
Year.
Agree
ments
filed.
1902.J\
1903..1
1904.. |
1905.J
!
oo
18
6
Year.
1906...
1907...
1908...
1909...
Agree
ments
filed.
13
11
12
28
Year.
1910...
1911...
1912...
1913...
Agree
ments
filed.
21
27
44
36
The noticeable increase in the number of industrial agreements
made between 1905 and 1913 as compared with previous years
reflects the measure of encouragement afforded to voluntary collective
bargaining.
In December, 1913, 65 agreements were in force, to which 38 unions
had been contracting parties.
MINIMUM WAGE FIXED BY PARLIAMENT.
The minimum wage act, 1908, which is consolidated with the facto
ries and shops act, 1912, provided that the minimum wage should be
not less than 4s. (97.3 cents) per week in respect of any person em
ployed in preparing or manufacturing any article for trade or sale,
or in any factory under the factories and shops act, or working at any
handicraft; or any shop assistant as defined by the early closing act.
Provisions apply also to overtime, nightwork, and the payment of
premiums for employment.
Contraventions or breaches of the act or of the regulations are
reported to the minister for labor and industry by inspectors, and
proceedings may be instituted with the authority of the minister.
During the year 1910 26 informations were laid in this connection;
11 cases resulted in convictions, 7 were withdrawn on payment of
costs; 7 were withdrawn in view of other convictions against the
particular employers, and 1 case only was dismissed. In 1911 only
two informations were laid, both in Newcastle, and both resulting in
convictions, while in 1912 only one information was laid^ resulting in
a Sydney employer being fined.
ih e provisions as to the minimum wage are in operation over the
whole State.
They are observed carefully throughout the districts subject to
inspectorial supervision as to factories and shops, though in many
large country towns outside these areas, and not ordinarily included
in the inspector’s itinerary, infringements may occur, particularly in
MINIM UM -W AGE LEGISLATION---- NEW SOUTH WALES.
145
dressmaking and millinery establishments, the breaches being attrib
uted mainly to ignorance. Overtime is classified under two heads,
viz, by the week of 48 hours, and also, on any working day, after
6 p. m., when tea money is payable. Many clothing factories com
plete the week's work in five days, and all work done on Saturday is
actually overtime. A case being submitted, it was held, on appeal
to the high court, that tea money is payable only in the instance
when work is done on any day after 6 p. m.
The minimum-wage system has tended to destroy systems of night
work for women, carried on really in violation of the international
agreement entered into by Great Britain.
The reasons which led to the enactment of the minimum wage act
of 1908 in New South Wales are explained in the report of the Depart
ment of Labor and Industry for the year 1908. The report says:
At the end of the year the minimum wage act was passed, provid
ing for a weekly wage of not less than 4s. (97 cents) to all persons coming
within the definition of “ workman” or “ shop assistant.” That
such a measure was necessary is evidenced by the fact that in
the workrooms in the metropolitan district no less than 514 girls
whose ages ranged from 13 to 21 years were, at the end of 1908, in
receipt of less than 4s. (97 cents) a week, and in the Newcastle dis
trict there were 272 girls employed in the dressmaking and millinery
workrooms receiving less than 4s. (97 cents) a week, the majority
being paid no wages at all for their services.
A very broad and comprehensive definition is given to the terms
“ employer” and “ workmen,” and the minimum wage act also applies
to any person coming within the definition of “ shop assistant in
terms o f the early closing act. * * * The payment of a premium
or bonus on behalf of employees in connection with the manufacture
of articles of clothing or wearing apparel is prohibited. The system
of so-called apprenticeship without payment originally carried with
it the recognition of an obligation to teach the trade, especially in
the dressmaking and millinery industry. This aspect of the case
had, to a very great extent, been forgotten in the large workrooms,
the training received for some time being more that of general
discipline than of a technical character. With a minimum wage of 4s.
(97 cents), an employer will find it worth while to teach her employees
so as to bring in a return, in work, for the outlay as speedily as pos
sible, and she will probably not so readily discharge a girl whom she
has trained for six months in her own ways unless she gives a great
deal of trouble. Having so improved their hands, the employers will,
I think, prefer to pay a shilling or two extra a week rather than be
continually changing and taking on inexperienced hands at the
minimum wage. It is, of course, to be expected that a number of
hands who were tolerated merely because they cost nothing in wages
will no longer be allowed to crowd the ranks of certain trades, as no
employer will now keep a girl who does not exhibit a reasonable apti
tude for her work, but this should tend to improve the trade as a
whole.1
iNew South Wales Department of Labour and Industry. Report on the working of the factories and
shops act; early closing acts; shearers' accommodat on act, etc., during the year 1908. Sydney, 1909,
82843°— Bull. 167— 15------- 10
146
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The report issued a year later shows the results attending the
operation of the act in the following statement:
This act, which applies to the whole of the State of New South
Wales, came into operation at the beginning of the year, and a large
amount of inspection has been carried out with a view to the en
forcement of same. The anticipations of the department regarding
this measure have to a great extent been realized, as there has been
a marked reduction in the amount of overtime worked, especially in
cases of the younger girls. The payment of 6d. (12 cents) tea
money and a minimum overtime rate of 3d. (6 cents) an hour have
had the desired effect, and overtime is now almost limited to the
older or more competent hands. At the end of 1908 there were
between 500 and 600 girls whose ages ranged from 13 to 21 years
employed in the workrooms of the metropolitan district, and nearly
200 in the Newcastle district, in receipt of less than the minimum
wage of 4s. (97 cents) a week, the majority of whom were being paid
no wages at all for their services. These figures are irrespective of a
large number who were similarly employed by the numerous small
dressmakers and milliners, whose workrooms do not come within the
definition of factory. It is safe to say that, from the statistics for
1909, not a single boy or girl is at the present time being employed
in any factory m the metropolitan, Newcastle, Broken Hul, Hartley,
Goulburn, and Albury districts in receipt of a weekly wage of less
than4s. (97 cents), it is satisfactory to report that very little diffi
culty was experienced in securing a ready compliance with the act in
the large majority of factories and workrooms in the metropolitan
district, but there was some opposition on the part of the small
suburban dressmaker or milliner, who objected to both teach and pay
1 ‘ Vat a girl should require
penny an hour to her
employer1
BASIS OP THE WAGES FIXED.
Since 1908 the number of trades in which wages are regulated by
awards has extended so rapidly that but few occupations remain
without the jurisdiction of industrial tribunals. The principle
running through the awards of boards, etc., is the stipulation of an
adequate living wage, and the minimum adult wage ranges between
8s. and 9s. ($1.95 and $2.19) per day for any class of labor. The
question of the cost of living enters into the determination of a living
wage, and judgments and awards tend more and more to embody all
the factors determining effective wages, rather than to compromise
between the standards of employer and employee.
Because of the fact that it used the cost of living as the basis for
its wage awards, and because the information available to guide it
was regarded as inadequate, the court of industrial arbitration, New
South Wales, in October, 1913, initiated an inquiry into the cost of
i New South Wales Department of Labour and Industry. Report on the working of the factories and
shops act; early closing acts; shearers’ accommodation act, etc.. during the year 1909. Sydney,
1910, p. 11.
MINIM UM -W AGE LEGISLATION---- NEW SOUTH WALES.
147
living and living wage. The court, as the result of its inquiry,
delivered its judgment on February 16, 1914.1 The attitude of the
court in regard to the basis used in its awards and its conclusions
upon its inquiry may be seen best by quotations from the original
judgment.
Upon the question of what consideration should be given to the in
dustry in case it appeared unable to pay a living wage, the court
said:
If the standard of that family and of others whose conditions were
referred to was the average standard of their industries, and if it
appeared clearly that those industries could not continue if they had
to pay a wage which would raise that standard, ought these industries
to be swept away? Certainly, if they could not give a fair living
wage.
The court’s reasoning and conclusions in considering and fixing
the minimum wage are indicated in the following quotations:
To make the lowest wage always the living wage would be to debar
the manual worker, who in the immense majority of cases must remain
a manual worker all his life, from any possible improvements in his
conditions. His wage might go up or down, but only in strict agree
ment with the increase or diminution of his expenses, so that really
it would be always the same. Is this fair? I do not think so. He
should have his share in prosperous times. He is still contributing
the same share toward the work of the community. Where the
result of that work is fortunate, and everybody benefits, why should
he not benefit also? True, his share is humble; ambition, backed
up with natural aptitude and a resolute will, is the main cause of the
progress of the community, and, amongst other things, of its advance
m wealth; and manual labor is, as such, the instrument of the men
so endowed. But it is an indispensable instrument, and it is supplied
by human beings and free citizens, whose share in the general life of
the community is great and important, and for whose welfare indeed,
in common with that of everybody else, the community life exists
at all. I think they should, in good times, get more than a living
wage. I consider that I am justified in acting on this view, because
it is what happens when there are no courts of arbitration, and I am
sure that these were not intended to deprive the worker of his natural
advantages. Indeed, it might be put another way: It might be said
that as prosperity increases the standard of living rises and carries
the living wage with it. This would be true, but I do not think it
is well to call what may be a mere temporary change, which may last
for only a few years, a change of standard. To my mind, that
expression should be limited to change of a more fixed and perma
nent character, such as become generally accepted as necessary
conditions; such, for instance, as the adoption of footwear, both
boots and stockings, a change not yet, I think, quite universal in the
case of children. This is very different from the changes wrought
by a wave of prosperity, and to my mind (though I can understand
others taking a different view) it is better to keep the two things
i New South Wales Industrial Gazette, Vol. V, No. 1, March, 1914, pp. 100 to 149.
148
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
separate, and to have the true living wage in sight even when one
departs from it. I entered upon this investigation with a practical
end in view; to fix a wage which might assist boards and save time
and expense. I doubt whether the mere fixing of the strict living
wage will, of itself, do this to a sufficient extent. Being of opinion
that more than a living wage should be given, I ought to say how
much. This I now do after much thought and with a great sense of
responsibility. I suggest to the boards that the minimum wage in
Sydney for unskilled workers should be, for light work, 8s. 6d.
($2.07) per day, for ordinary work 8s. 9d. ($2.13) per day, and for
heavy work 9s. ($2.19) per day.
This is in the metropolis; as to the country parts, it is evident to
me that the living wage itself is much less than in Sydney, and,
therefore, the minimum wage should also be less. Unfortunately,
according to Mr. Knibbs’s tables, and in fact, the cost of living varies
in different parts of the country; * * *. The evidence in this
inquiry related mainly to the city, and even that which came from
the country was not such as to enable me to distinguish between one
part and another. I think, therefore, that I can do nothing at present
as to the country. I have been strongly inclined to fix a minimum
laborer s wage there, the rents in the metropolis being so much higher
than in country towns, but on the whole I fear I have not enough
material to justify me in this; it might be too low or too high; and a
general rate for the country might not suit the variances between
the different parts.
As to existing awards, in any case in which a wage of less than
£2 8s. ($11.68) is prescribed, application may be made to the board
to increase it to that amount. 1 do not wish to appear in any way
to dictate to the boards, which are quite independent bodies, and,
moreover, circumstances may vary, but in my opinion now that a
living wage has been declared, no one should get less. This refers,
of course, only to those getting less than that wage; not to the rest
of the award.
AGED, INFIRM, OR SLOW WORKERS.1
Applications for variations from award rates were made, under the
industrial disputes act, 1908, and its amendments, to the registrar
of the industrial court, and to any tribunal which might be consti
tuted for the purpose by an industrial board.
Under the industrial arbitration act, 1912, the registrar alone has
power to determine when and how such variations shall be permitted.
For the year ending December 31, 1913, 485 applications were
lodged for permits to pay less than award rates; 355 were granted and
130 refused. The number of permits canceled was 6, and 65 appli
cations for permits were withdrawn or not proceeded with.
COST OF INDUSTRIAL BOARDS.2
The boards constituted from the commencement of the industrial
arbitration act, 1912, to June 30, 1914, numbered 227, but of that
number 16 were for various reasons dissolved before the date last
1Official Year Book of New South Wales, 1913, p. 931.
2New South Wales Industrial Gazette, Vol. VI, No. 4, p. 1328 and p. 1353.
M INIM UM -W AGE LEGISLATION---- NEW SOUTH WALES.
149
mentioned. Of the remaining 211 boards, 195 were in existence
June 30, 1913. The boards constituted during the financial year
1913-14 numbered 18, but there were during the same period two
cancellations.
Boards are ordinarily constituted for a period of three years, and
the boards which were constituted during the year 1913-14 may
therefore be regarded as having been constituted in the main in
extension of the scheme of boards determined upon during the
preceding year.
The awards issued by boards during the course of the year 1913-14
numbered 245, of which 123 were principal and 122 subsidiary
awards. The awards of 1913-14 exceeded in number those issued
during the previous year by 109; but of the awards of 1912-13, 105
were of principal character and only 30 were subsidiary awards.
The total cost to the department on account of fees and expenses
of industrial boards for the year 1913-14 was £13,655 15s. lOd.
($66,455.91), or £2,603 12s. 4d. ($12,670.50) more than the cost under
the same heads for the previous year. The average cost per board for
the year 1913-14 was £100 8s. 2fd. ($488.65), or £26 12s. 6d. ($129.57)
less than the cost per board during the preceding year.
The average cost per board for each year, 1908 to 1914, was as
follows:
£
95
86
84
91
127
100
1908-9..
1909-10.
1910-11.
1911-12
1912-13.
1913-14.
s.
1
9
8
1
0
8
d.
3
7
0
6
8f
2f
($462.62)
($420.85)
($410.73)
($443.22)
($618.22)
($488.65)
The average cost of a single award in the year 1912-13 was £72 0s.
6fd. ($350.52), whereas the cost for 1913-14 was £66 18s. ($325.57).
The economy of £5 2s. 6fd. ($24.96) per award thus indicated in
favor of the year 1913-14 is more apparent than real, because the
proportion of subsidiary awards in the later year was approximately
50 per cent, whereas in the earlier year it was only 22 per cent.
The details of the cost of industrial boards for the year ending
June 30, 1914, were as follows:
Fees:
Chairman...........
Other members.
Allowances, etc.:
Chairman...........
Other members.
Miscellaneous:
Typing..
Vehicles.
Total.
£
5,432
5,752
s.
14
7
d.
2 ($26,438.28)
6 ($27,993.93)
661
981
8
13
5 ( $3,218.81)
10 ( $4,777.40)
88
738
14
17
11 (
$431.88)
0 ( $3,595. 61)
13,655
15
10 ($66,455.91)
150
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
TYPICAL AW ARD S OF INDUSTRIAL BOARDS.
Building Trades Group, No. 9 Board—Sawmills, etc., Metropolitan and Newcastle Award.1
[Published in the Government Gazette No. 80 of 6th May, 1914.]
In the matter of an application by the New South Wales Sawmill & Timber Yard Em
ployees9 Association.
This board having considered the above-mentioned application and
heard evidence, and having heard Mr. John, secretary of the applicant
union, for the union; Mr. Corke for the Sydney & Suburban Timber
Merchants' Association, and for certain associated box and case man
ufacturers and employers of machinists in cooperages; Mr. Bell for the
Furniture Manufacturers' Association; Mr. Spier for H. McKenzie
(Ltd.); Mr. N. Phelps-Richards for the Master Builders' Association;
and Mr. Cook for Hely Bros. (Ltd.), and considered also other objec
tions or claims for exemption, awards as follows:
1. Area.
This award shall apply to the whole area for which the board is constituted.
2. Hours of work.
An ordinary week’s work shall not exceed 48 hours. Ordinary working hours shall
be from 7.30 a. m. to 12 noon and from 12.45 p. m. to 5 p. m. on week days, and 7.30
a. m. to 11.45 a. m. on Saturdays.
Employers may fix a different starting time not earlier than 7 a . m . : Provided, That
the ordinary working hours in any such case shall run from the fixed starting hour,
and that in each such case the hours so fixed shall be posted along with this award and
not be varied except upon 21 days’ notice.
3. Wages.
Workmen in the industries covered by this award shall be classified as follows, and be
paid wages by the hour at rates which, computed by the week, are not less than those
set opposite the name or description of each class.
£
Circular sawyers who work, sharpen, and set any saw.......................
Circular sawyers cutting timber 9 inches and over in depth............
Circular sawyers cutting timber between 6 inches and 9 inches in
depth...............................................................................................................
A ll other flat cutting-bench circular sawyers........................................
Crosscut sawyers employed in cabinetmaking, and in furniture
factories...........................................................................................................
Crosscut sawyers employed in joinery workshops...................................
Crosscut sawyers in box or case factories who crosscut box or case
material over 6 inches in width..............................................................
Other crosscut sawyers using any power-driven s a w ..........................
Recutting band sawyers, diameter of wheel being 60 inches and
over..................................................................................................................
Recutting band sawyers, diameter of wheel being over 48 inches
and under 60 inches...................................................................................
Recutting band sawyers, diameter of wheel being 48 inches and
under......................................................................1.......................................
Log-band sawyers (vertical or horizontal)...............................................
Log sawyers, other than band sawyers................................................... ..
Log sawyers, other than band sawyers who sharpen and set their
saws...................................................................................................................
Edging sawyer to log-band saw...................................................................
Fret sawyers or detail band sawyers who work a wheel 3 feet or
under in diameter........................................................................................
Detail band sawyers who work a wheel over 3 feet in diameter..........
3
3
s. d.
6 0 ($16. 06)
6 0 ($16. 06)
3 0
2 14
0 ($14. 60)
0 ($13.14)
3 0
2 18
0 ($14. 60)
0 ($14.11)
2 18
2 14
0 ($14.11)
0 ($13.14)
3
6
0 ($16.06)
3
0
0 ($14. 60)
2 14
3 8
2 18
0 ($13.14)
0 ($16. 55)
0 ($14.11)
3 6
2 18
0 ($16. 06)
0 ($14.11)
0
6
0 ($14. 60)
0 ($16.06)
3
3
* New South Wales Industrial Gazette, Vol. V , No. 3, p. 852 et seq.
M INIM UM -W AGE LEGISLATION— NEW SOUTH WALES.
Setters to log-band sawyers..........................................................................
Boarding frame sawyers.................................................................................
Circular-saw sharpeners................................................................................
Circular-saw doctors........................................................................................
Log and recutting band-saw doctors, sharpening for one m achine..
Log and recutting band-saw doctors, sharpening for more than one
machine.........................................................................................................
Wood turners...................................................................................................
Order men, talleymen, and measurers.....................................................
Order men are men who receive orders from order office, and
are responsible for same being properly selected or measured; or
men who select, mark, or measure timber for mill or joinery
orders. All such order men must be capable at supering their
orders. Tallymen are persons employed to tally timber. Meas
urers are persons employed to measure timber.
Laborers who are regularly employed......................................................
But such laborers, if put to do the work hereafter described as
“ casual,” shall not, if they are paid under this clause, within
three months of their engagement, be dismissed (except for mis
conduct, or inefficiency due to illness); should any laborer in vio
lation of this provision be dismissed within such three months,
he shall be paid the rates for casual labor for the full period of
his employment, and immediately upon dismissal become en
titled to such back pay as may be necessary.
Timber carried off rafts or sunken punts, which has been sub
merged— by regular hands— shall be paid for at the rate of 4|d.
($0.09) per hour extra; the same increased rate shall apply to all
work done on rafts or sunken punts in respect of timber which has
been submerged.
Machinists working shaper, Boult’s carver, or general joiners’
machine...........................................................................................................
Machinists working molding machine, or any two, three, or four
sided planer, who grind their own knives or cutters.................. ..
Machinists working molding machines, or two, three, or four sided
planer, who do not grind their own knives or cutters.....................
Machinists working spoke turner, spoke throater, or spoke planer. .
Machinists working tenoning machine, buzzer, jointer, or doorplaning machine.............................................. - .........................................
Machinists working the dimensional planer...........................................
Machinists working mortising or boring machine.................................
Machinists working a sand or emery papering machine, or em
ployed at sand or emery papering by any mechanical device or
method........................................................................................................ .. Machinists employed in coopers’ workshops, who set up a Crozier
or cooper’s jointer, and grind knives or cutters for same...................
Machinists who work a Crozier machine...................................................
Machinists who work a truss machine......................................................
Machinists who work a cooper’s jointer....................................................
Timber benders bending timber by mechanical or other device or
method...................................................................... ................................. ....
Machinists working any woodworking machine not otherwise
enumerated....................................................................................................
Tool grinder........................................................................................................
Box or case makers or repairers......................................... .........................
Nailing-machine operators............................................................................
Printing-machine operators..........................................................................
Crane attendant or dog-man.........................................................................
151
«£ s.
2 16
2 16
3 6
3 18
3 18
d.
0
0
0
0
0
4 6
3 9
2 18
0 ($20.93)
0 ($16.79)
0 ($14.11)
2 14
0 ($13.14)
3
9
0 ($16.79)
3
8
0 ($16.55)
3
3
2
0
0 ($15.09)
0 ($14. 60)
3 3
3 6
2 15
0 ($15. 33)
0 ($16.06)
0 ($13. 38)
2 16
0 ($13.63)
3 8
2 18
2 16
2 16
0
0
0
0
3
0
0 (£14. 60)
2
3
3
2
2
2
16
8
0
14
14
15
0
0
0
0
0
0
($13.63)
($13. 63)
($16. 06)
($18. 98)
($18. 98)
($16. 55)
($14.11)
($13. 63)
($13. 63)
($13. 63)
($16. 55)
($14.60)
($13.14)
($13.14)
($13.38)
4. Casual labor.
The term casual labor is applied to the work of receiving timber from beyond the
Commonwealth from ships’ snngs, or by hand from any vessel, lighter, or raft, onto
any wharf, or carrying or stacking same off any vessel, lighter, raft, or dump on a wharf,
into any yard or place.
(2)
Casual laborers are persons (other than regular employees) employed to do such
work.
152
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
(3) The wages of casual laborers shall be paid once a week, and at the end of each
job. Any casual laborer when dismissed shall be paid within 15 minutes from the time
of ceasing work, and any time that he is kept waiting beyond 15 minutes shall be paid
for at ordinary rates.
(4) One hour shall be allowed for meals.
(5) No casual laborer having begun work shall, without reasonable excuse, cease
until the job is completed, unless he is released or discharged by his employer; but
one man shall not (except for misconduct or incompetence) be displaced to make room
for another.
(6) The ordinary rate of pay for casual laborers shall be Is. 6d. ($0.37) per hour.
Timber carried off rafts or sunken punts which has been submerged shall be paid for
at the rate of Is. lOJd. ($0.46) per hour, and the same increased rate shall apply to all
work done on rafts or sunken punts in respect of timber which has been submerged.
For overtime until midnight the rate shall be 2s. ($0.49) per hour, after midnight, 3s.
($0.73) per hour. For working during the customary meal hour of the yard, if required,
2s. ($0.49) per hour.
5. Boy labor.
Unapprenticed boys shall be paid not less than the following rates per week: Boys
under 17 years of age, 16s. ($3.89); between 17 and 18 years of age, 22s. ($5.35); between
18 and 19 years of age, 28s. ($6.81); between 19 and 20 years of age, 34s. ($8.27); between
20 and 21 years of age, 40s. ($9.73).
6. Apprentices.
Boys may be apprenticed to learn the business or trade of a woodworking machinist,
a wood turner, a saw doctor, or sawing and saw sharpening combined. A ll such
apprentices shall be indentured under the apprentices’ act, 1901, except as regards the
clause relating to transfer. In the event of such slackness of work as to prevent the
master from providing instniction for the apprentice, he may transfer the said appren
tice to another master to be agreed upon mutually, and the transferee shall assume
the rights, privileges, and responsibilities of the transferor.
A copy of each indenture of apprenticeship shall, within 14 days of the making
thereof, be given by the employer to the parent or guardian of the apprentice, who
shall lodge same with the industrial registrar.
A boy may be employed for not more than three months on probation, and if he is
apprenticed, such time of probation shall count as time of his apprenticeship.
The wages of apprentices shall be not less than: For apprentices between 16 and
17 years of age, 11s. ($2.68) per week; between 17 and 18, 16s. 6d. ($4.01); between
18 and 19, 22s. ($5.35); between 19 and 20, 27s. ($6.57); between20 and 21, 32s. ($7.79).
Should any apprentice, during the third or any subsequent year of his apprentice
ship, produce a certificate from the examining body that he has attended a two years’
course, and passed an examination at a technical college in wood machining, wood
turning, saw doctoring or sawing and sharpening, he shall be entitled to 2s. 6d. ($0.61)
per week in addition to the above rates for the remainder of his term.
There shall not be more than one apprentice for every two journeymen earning
not less than the minimum wage in the process or occupation which the apprentice
is to learn.
7. Piecework.
In box and case making, daywork or piecework, or both systems concurrently, may
be adopted by the employer at his option. Each employer may fix his own log of
prices; but they shall be so fixed as to enable the average worker to earn not less than
the prescribed minimum wage for the class of work he does, and when fixed shall be
posted along with this award.
8. Overtime.
For overtime worked after the ordinary knock-off time, the rates shall be as follows:
On week days for the first two hours, time and a quarter, then time and a half to mid
night, then double time; on Saturdays, time and a half. For overtime worked before
the usual starting hour, commencing at 6 a. m. or later, the rate shall be time and a
half, and any man called upon to work before the usual starting time shall be allowed
three-quarters’ of an hour for breakfast not later than 8 a. m.
If double shifts are worked, the employees working the night shift shall be paid
10 per cent additional to the ordinary rate of wages.
M INIM UM -W AGE LEGISLATION---- NEW SOUTH WALES.
153
9. Holidays.
Sundays and the days on which New Year’s Bay, Anniversary Day, Good Friday,
Easter Monday, King’s Birthday, Prince of Wales’s Birthday, Eight Hours Day,
Christmas Day, Boxing Day, and the Union Picnic Day (if a Saturday) are observed,
shall be paid for, if worked, at double rates. But in builders’ workshops Prince of
Wales’s Birthday and the Union Picnic Day need not be treated as holidays under
this award.
Other holidays gazetted for the whole State shall be paid for, if worked, at time and
a half rate.
10. Payment of wages.
Should any employer cause his employees to wait beyond 15 minutes before start
ing to pay (unlass through some unavoidable circumstance) such employees shall be
entitled to payment at ordinary rates for all time kept waiting. Any employee dis
charged before the regular pay day shall be paid all money due to him on application.
11. Settlement of disputes.
Should any dispute arise out of this award, parties are recommended to refer to the
settlement of disputes committees of the Sawmill Union, and the Sydney & Suburban
Timber Merchants’ Association, or the Master Builders’ Association
12. Preference to unionists.
If and so long as the rules of the applicant union permit, or the union admits any
competent workman of sober habits and good repute to become a member on appli
cation in writing and the payment of an entrance fee not exceeding 5s. ($1.22), to
be paid at the option of the applicant within 14 days from the commencement of his
employment, and a contribution not exceeding 13s. ($3.16) per annum, to be paid
within 3 months of initiation at the like option, in one sum or by installments, and
without ballot or election of any kind, then, as between members of the applicant
union and other persons offering their labor at the same time, members of the appli
cant union shall be employed in preference to such other persons, other things being
equal.
This, however, shall not affect the existing employment of any nonunionists during
the currency of such employment, nor for the purpose of this provision shall such
employment be deemed to have terminated should such nonunionists be merely put
off through slackness of work and be waiting to be put on by the same employer;
neither shall an employer be compelled to give preference to any member of the
applicant union who may have been previously discharged for dishonesty, miscon
duct, or neglect.
13. Birth certificates.
For the purpose of ascertaining the age of any boy subject to this award, an employer
who takes reasonable care may rely on any birth certificate or statutory declaration
as to age, unless or until he has notice of its being inaccurate. Boys employed in the
industry shall furnish birth certificates or statutory declarations as to their age on the
application of their employer.
14. Election day.
On all State and Federal election days employees shall be entitled to cease work at
4 p. m.
15. Exemption.
Exemption from the provisions of this award relating to holidays is granted to Hely
Bros. (Ltd.): Provided, The company observes the holidays of the country award in
this industry, and a complete exemption (if the country award be meantime observed)
is granted to the same company for the period of one month to enable application to
be made to the court for an alteration of the boundaries of the jurisdiction of this
award.
154
BULLETIN OF THE BUREAU OP LABOR STATISTICS.
16. Duration.
This award shall be and remain in force for a period of three years from the date of
gazettal.
F . A . A . R u s s e l l , Chairman.
D e n m a n C h a m b e r s , Phillip Street, Sydney.
Notes.
Posting award*.—Employers in the industries in respect of which this award is in force are to keep a copy
of the award exhibited at tne place where the industries are carried on so as to be legible by their employees,
subject to a penalty of £10 ($48.67). See Industrial arbitration act, sec. 68 (2).
Aged, infirm, ana slow workers.—The industrial registrar is the tribunal to determine where and on what
conditions any aged, infirm, or slow worker may be permitted to work for less than the minimum wage and
has power to revoke or cancel any such permit. See Industrial arbitration act, sec. 27.
Domestic Group, No, 5 Board— Laundries.*
[Published in Government Gazette No. 75 of 29th April, 1914.]
In the matter of an application by the Factory Employees* Union of Australasia to the
Domestic Group, No. 5 Board, to determine industrial matters.
Award.
The Domestic Group, No. 5 Board, having heard the above-mentioned applica
tion, makes the following interim award:
1. Hours of labor.— Forty-eight hours as a maximum shall constitute a week’ s
work and shall be as follows: On the first four days of the week from 8 a. m . until
1 p. m. and from 2 p. m. until 5.30 p. m .; on the fifth day from 8 a . m . until 1 p. m.
and from 2 p. m. until 6 p. m .; ana on the sixth day (Saturday) from 8 a. m. until
lp.m .
The above provisions do not apply to carters.
Sorters and packers may work on Saturday until 4 p. m : Provided, That in such case
they shall cease work on the following Monday at 2.30 p. m .; and shall not in any week
work more than 48 hours without payment for overtime.
2. Wages.— Wages shall be paid by the week in cases in which weekly wages only
are herein provided, and by the week or by the day in the cases in which provision
is herein made for wages by the week or the day, and wages shall be paid at piece
rates in the cases for which piece rates only are herein provided, and at piece rates
or by the day in the cases for which piece rates or wages by the day are herein pro
vided; and the lowest rates of wages and prices for piecework payable to employees
shall be as follows:
(a) Folders, 12s. ($2.92) per week; folders feeding mangles, 14s. ($3.41) per week.
Folders are to be employed in all the different processes of folding, shaking out,
attending to mangles of all descriptions. This indicates their employment:
(b) Shirt machinists: Beginners, 12s. ($2.92) per week; employees doing 6 dozen
per day, 16s. ($3.89) per week; employees doing 8 dozen per day, 17s. 6d. ($4.26)
per week; employees doing 10 dozen per day, £ 1 ($4.87) per week; employees
doing 12 dozen per day or over, <£1 3s. 6d. ($5.72) per week.
(c) Collar machinists: Beginners, 12s. ($2.92) per week; employees doing 25 dozen
per day, 16s. ($3.89) per week; employees doing 30 dozen per day, 17s. ($4.14)
per week; employees doing 35 dozen per day, 18s. 6d. ($4.50) per week; em
ployees doing 40 dozen per day* £ 1 ($4.87) per week; employees doing 50
dozen per day or over, <£1 3s. 6d. ($5.72) per week.
(d) Shirt and collar machinists doing boiled-starch work: Beginners, for the first
three months, 12s. ($2.92) per week; after three months, <£1 2s. 6d. ($5.47) per
week.
(e) Body ironers, 16s. 6d. ($4.01) per week; sleeve ironers, 13s. ($3.16) per week.
(f) Learners in hand ironing: For the first three months, 2s. ($0.49) per day; for the
next three months, 2s. 6d. ($0.61) per day; and thereafter at the full rates
herein provided.
One learner shall be allowed for every six persons or fraction thereof employed
in the laundry.
(g) General employees, hangers-out, etc. Under 21 years of age, 16s. ($3.89) per week;
21 years of age or over, 17s. 6d. ($4.26) per week.
General employees are to be employed as hangers-out, and make themselves gen
erally useful.
1New South Wales Industrial Gazette, Vol. V, No. 3, p. 858 et seq.
M INIM UM -W AGE LEGISLATION— NEW SOUTH WALES.
155
(h) Women working in washhouse, £ 1 2s. ($5.35) per week; casual hands, 4s. ($0.97)
per day.
(i) Starch ironers.
Employees engaged in the ironing of any starched garment shall
receive one-third of the price charged to the customer.
(j)' Shirts ironed by hand. Mixed shirts, Is. 9d. ($0.43) per dozen; full-bosomed
shirts, 2s. ($0.49) per dozen.
(h) Shirts blocked out by hand and polished by machine, Is. 3d. ($0.30) per dozen.
(I) Backing up machine-ironed shirts, 8d. ($0.16) per dozen.
(m) Shirts ironed by machine and body ironers, 6d. ($0.12) per dozen.
(n) Plain ironers, 6d. ($0.12) per dozen, or 3s. 6d. ($0.85) per day, at the option of
the employer. Such option to be exercised at the commencement of the em
ployment. Plain ironers are to be engaged ironing all the different kinds of
ladies’ , gentlemen’s, and children’s body linen, and all the different smaller
articles to be done up in the laundry which are not starched. A plain ironer,
if engaged on any starched work, shall be paid not less than one-third, as pro
vided in clause (i) above.
(o) Hand collar and cuff ironers, 5d. (10 cents) per dozen.
(p) Sorters. For the first three months, 15s. ($3.65) per week; for the next three
months, 18s. ($4.38) per week; after the first six months, £ 1 ($4.87) per week.
For every five sorters employed in a laundry or fraction thereof, a girl under
the age of 17 years may be employed at sorting at not less than 14s. ($3.41) per
week. Such girl, on attaining the age of 17 years, shall receive the wage of
15s. ($3.65) per week for the first three months, 18s. ($4.38) for the next three
months, and £1 ($4.87) thereafter, as above provided.
(q) First starchers, £ 1 2s. ($5.35) per week; one assistant starcher, 15s. ($3.65) per
week. Starchers have to prepare their starch and to be engaged in the starch
room rubbing down and brushing out the work.
(r) Starch machinists, 15s. ($3.65) per week. Starch machinists are to be in
attendance upon the different kinds of starching machines and to straighten
out the work after it has been starched.
(s) Employees operating starch machines and rubbing down, 15s. ($3.65) per week.
(t) Male employees in washhouse, 21 years of age or over, £2 8s. ($11.68) per week.
In laundries where three or more machines are in work, persons under 21 years
of age may be employed to assist at the following rates: Fifteen years to 16
years, 13s. ($3.16) per week; 16 years to 17 years, 15s. 6d. ($3.77) per week; 17
years to 18 years, 17s. 6d. ($4.26) per week; 18 years to 19 years, £1 ($4.87) per
week; 19 years to 20 years, <£1 5s. ($6.08) per week; 20 years to 21 years,
£1 7s. 6d. ($6.69) per week. In laundries where one machine only is in work,
persons under 21 years may be employed at the following rates.- Under 19
years, £ 1 ($4.87); 19 years to 20 years, £1 5s. ($6.08); 20 to 21 years, £ 1 10s.
($7.30). Male workers in washhouse are to be in attendance upon all the differ
ent kinds of machinery in the washhouse, and to keep the same clean.
(u) Boys sitting in cart, in charge of the same, whilst the carter is away, up to 16
years of age, 10s. ($2.43) per week; 16 years or over, 15s. ($3.65) per week.
(v) Overtime shall be paid for at not less than the following rates: To female employ
ees, time and a half the first two hours, and double time thereafter; to male
employees, time and a half for the first hour, double time for the second hour,
and 5s. ($1.22) per hour thereafter.
(w) All employees engaged in the different departments of the laundry may be shifted
for the time being from one to another, providing the wages paid in the depart
ment where any employee may be shifted to are not on a higher scale than the
wages paid in such employee’s permanent or regular department. And in the
event of any employee being shifted into a department where a higher scale
of wages is paid, then and in such case the higher rate shall be paid to such
employee.
3. Notice.— One week’s notice shall be given on either side to determine employ
ment. Where such notice is not given by the employer, one week’s wages shall be
paid in lieu thereof; and where an employee, other than a casual hand, leaves without
giving the week’s notice, he or she shall forfeit any wages due not exceeding one
week’s wages.
4. Engagement and dismissal of hands.— Employers shall not, in the engagement or
dismissal of their hands, discriminate against members of the employees’ union,
nor in the conduct of their business do anything for the purpose of injuring the said
union, either directly or indirectly.
5. Holidays and holiday rates.— The following days shall be holidays: New Year’s
Day, Good Friday, Easter Monday, Eight Hours Day, the King’s Birthday, Christmas
156
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Day, or the day on which any of the above may be observed by the Government of
New South Wales. The holiday shall be paid for at ordinary rates to workers by the
day or week. All work done on a holiday shall be paid for at not less than double
time; but this condition shall not apply to carters as regards holidays falling on a
Monday: Provided, That the employees shall, as far as possible, make up the time taken
for holidays, and to enable this to be done, the working hours hereinbefore provided
shall not be obligatory during the week in which a holiday takes place.
6. Exemption of charitable laundries.— The Sisters of the Good Samaritan Order,
the Sisters of the Good Shepherd Order (Ashfield), the Committee of the Church of
England Home, and the Rescue Home of the Salvation Army (Stanmore) are granted
exemption from the provisions of this award as regards the inmates of the said institu
tions and in so far as such inmates are employed in and about the work of laundries
upon the following conditions:
(a) The working hours of the said inmates shall not exceed 48 hours per week.
( b) No work from outside shall be done by the said inmates on the holidays above
specified, except Easter Monday.
(c) The management of each of the said institutions shall cooperate with the New
South Wales Laundry Association in regulating the price charged to customers,
so as to avoid undercutting or cause a reduction of wages.
Provided, That in the event of the above conditions not being complied with, the
exemption hereby granted shall be liable to be rescinded by the board.
7. Currency ana extent of award.— The provisions of this award shall come into opera
tion on the 1st day of May, 1914. This award shall be binding till the 30th day of
June, 1914, throughout the metropolitan area of the State of New South Wales.
W . H . M o c a t t a , Chairman.
U n iv e r s it y Ch a m b e r s ,
Phillip Street, Sydney, April 24, 1914.
QUEENSLAND.
The first minimum-wage legislation in Queensland was in the wages
boards act of April 15, 1908, modeled generally on the Victorian
legislation. A feature differing from the Victorian law was the one
permitting boards to be appointed by the governor in council without
special parliamentary authorization. The act permitted the boards
to be established with jurisdiction throughout the State, or limited,
if desirable, to any special locality. As in most of the other Austra
lian States, the legislation was aimed primarily at sweating.
The experience under the wages boards act down to June 30,
1912, is summarized in the report of the chief factory inspector for
that year. During the four years in which the wages boards acts were
in existence prior to June 30, 1912, 71 boards were established, of
which number 30. were brought into existence during the fiscal year
ending June 30, 1912. During the last year, also, numerous amend
ments were made in the act. The character of these amendments,
as stated by the chief factory inspector in his report for the year
1912, is summed up in the following statement. The chief factory
inspector has also in a number of cases indicated the reasons which
suggested the change in the law.1
An important amendment repeals that section wherein it was
rovided that, if a man worked at an occupation for which a board
ad fixed a wage rate, even for less than one hour, he had to be paid
E
* Report of the Director of Labour and Chief Inspector of Factories and Shops for the year ended June 30,
1912. Brisbane, 1912.
M INIM UM-W AGE LEGISLATION---- QUEENSLAND.
157
that rate for the whole of the time worked by him on that day.
This has been removed, and a new section provided, which stipu
lates that, if a man works at two or more occupations for which a
board has fixed a wages rate, he shall be paid the highest rate for the
whole of the time so worked. As an instance, say he works one hour
at Is. 6d. (36.5 cents), another at Is. (24.3 cents), and another at
9d. (18.3 cents), these three rates being fixed by a board, he must
receive Is. 6d. (36.5 cents) per hour for the three hours worked, or 4s.
6d. ($1.10), whereas otherwise he would receive 3s. 3d. (79.1 cents).
All other time worked during the same day at work for which no
rate had been fixed would omy be paid for at such rate as may be
agreed between employer and employee.
More power has now been given to the chairman to obtain evidence,
as he will have the power of a police magistrate on such matters.
Again, all members of boards, including chairmen, must now take
an oath of office that they will not make any false or inaccurate state
ments, and will faithfully discharge their duties without fear or
favor.
It is also provided that now a board has to determine rates for
repairing work, also duration of time of meals or “ smoke oh,” or
other intervals of cessation of work, and the time and place of pay
ment of wages.
Another important provision has been inserted, which permits of
an employer continuing to employ his apprentices when, through
depression of trade, he has to dispense with his other employees,
thereby exceeding the proportion of apprentices determined by the
board; but this can not be done without the permission of the min
ister after full inquiry has been made into the bona fides of the case.
Provision is also made which will prevent the possibility of em
ployees being classed as partners on being caught breaking the law
by working during prohibited hours; this, therefore, makes such a
possibility unlawful unless work is done under the written permission
of the chief inspector. Instances have occurred, particularly among
the Chinese furniture makers, where the employees, on being found
working after hours, were declared to be partners; hence the necessity
for amending the act in this particular.
A very important and necessary amendment is that which empowers
the chief inspector to issue licenses to aged, slow, and infirm workers
pending confirmation of the special board relating to their occupa
tion. Under the original act the special board granted such licenses,
and instances of considerable hardship occurred through workers
having to await the meeting of the board before being able to secure
employment, no employer being agreeable to give the minimum
wage until the board had dealt with the application; and very often,
especially in regard to boards outside the Brisbane district, the meet
ings were few and far between. It is now possible for an old, slow,
or infirm worker to secure a license immediately on application, and
certainly not later than four days afterwards.
An employee must now claim arrears of wages within 14 days after
they are due, and may, within one month alter such claim, recover
such arrears in any court of competent jurisdiction, but if the arrears
extend over a period not exceeding 12 months, the balance remaining
after paying employee the wages as previously stated shall be paid
158
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
into the consolidated revenue of the State. The object of this amend
ment is to prevent the possibility of an employee knowingly working
for a wage less than that determined by a board, with a possible
intention of putting in a claim for the higher wage after the arrears
of same had accumulated for a period up to 12 months as provided
in the original act.
One very important addition is that relating to the power given
the governor in council to rescind an order in council whereby it is
now possible, where it is desirable, to alter the title of a board or
extend its jurisdiction.
Under a new section employers are protected against unscrupu
lous employees making false statements as to age, experience, or dura
tion of previous employment.
A perusal of the amending act will disclose a number of minor but
none the less valuable amendments, which help to render its admin
istration less difficult.
As the members of special boards are appointed for a period of three
years, fresh appointments were made in connection with 23 boards
to date; in a few instances the retiring members were reappointed,
whilst in others the personnel of the board was completely changed.
The determinations have, with one exception, considerably raised
the average of wages paid, as a comparative perusal of the appendices
of this and preceding annual reports will show. In some instances
the increase in the weekly wage amounts to over 50 per cent, and,
generally speaking, the rates of piecework have been increased very
much in comparison with those prevailing prior to 1908.
The number of apprentices and improvers in proportion to the
number of other workers has been fixed, in a great many instances
to the entire satisfaction of all parties concerned, and taking the
acts and the determinations made thereunder with their application
to the trades and callings affected, I have no hesitation in expressing
the opinion that the results of this legislation have been eminently
satisfactory, and in this opinion I am supported by the expressions
of approval which I have received daily during the preceding 12
months from those intimately interested—the employers and the
employees.
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
OPERATIONS OF WAGES BOARDS APPO]
[Source: Report of the Director of Labour a
artial
Title of board.
imer.
1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
Number en
rolled.
Employers.
Carpentry and joinery board—Brisbane........................................... Em^
2 Ironworkers assistants’ board—Brisbane..........................................
3
4
5
6
7
8
9
10
11
Request for
board made
by-
Meat industry board—Brisbane........................................................
Men’s and boys’ clothing board—Brisbane......................................
Printing board—Brisbane..................................................................
Furniture trade board—Brisbane......................................................
Boot trade board—Brisbane..............................................................
Carting trade board—Brisbane..........................................................
Bread and pastry cooking trade board—Brisbane...........................
Saddle, harness, and collar making trade board—Brisbane............
Masters and engineers of river and bay steamboats and barges—
Brisbane board for.
Shop assistants’ board—Brisbane.....................................................
Coal working and lightering industry board—Brisbane..................
as stoking industry board—Brisbane.............................................
House painting and decorating trade board—Brisbane...................
Hairdressing industry board—Brisbane...........................................
Tinsmithing trade board—Brisbane.............. ..................................
Tramways employees’ industry board—Brisbane...........................
Meat industry board forthe southeastern division............................
Tanning, currying, and fancy leather dressing industry board for
the southeastern division.
Plumbing, gas fitting, and galvanized iron working trade board for
the southeastern division.
Sawmilling industry board for the southeastern division................
Shore engine drivers’ and boiler attendants’ industry boardforthe
southeastern division.
Bricklaying trade board forthe southeastern division......................
Coachbuilders’ and wheelwrights’ trade board forthe southeastern
division.
Stonemasons’ trade board forthe southeastern division...................
House painting and decorating trade board for the southeastern
division.
Coal mining industry board for the southeastern division..............
Carpentry and joinery trade board for the southeastern division—
Docklaborers’ industryboardforthesoutheasteoast............. , ........
Printing trade board forthe southern division..................... .
Bread and pastry cooking trade board forthe southeastern division.
Brewing, malting, and distilling industry board for the south
eastern division.
Gas working industry board for the southeastern division.............
Ironworkers assistants’ board for the southeastern division...........
Cooks for the southeastern division, board for.................................
Meat industry board for the central division...................................
Coopers’ trade board for the southeastern division.........................
Printing trade board for the central division...................................
Furniture makers’ board forthe southeastern division...................
Meat industry board for the northern division................................
Carting trade board for the southern division..................................
Saddle, harness, and collar making trade board for the southeast
ern division.
Electrical engineering industry board..............................................
Candle making industry board.........................................................
Iron, brass, and steel molding trade board—Brisbane....................
Bread and pastry cooking trade board for the central division......
Iron, brass, and steel molding trades board for the southeastern
division.
Brickmaking and pottery industry board for southeastern division.
Coal gas lamplighting, cleaning, and repairing industry board—
Brisbane.
Coal mining industry board for the State, exclusive of the south
eastern division.
Shipwrights’ trade board for the southeast coast...............................
Engine drivers, firemen, greasers, and assistant firemen’s industry
board for the central division.
Builders laborers’ board—Brisbane.................................................
Hotel, club, and restaurant employees’ board—Brisbane..............
Orchestral musicians’ board—Brisbane..........................................
Printing trade board for the northern division...............................
Sugar manufacturing industry board for the central division.......
Plastering trade board for the southeastern division......................
Rope making industry board...........................................................
Warehouse laborers’ board—Brisbane.............................................
Wool, hide, skin, and produce stores laborers’ board—Brisbane...
Carting trade board for the central division...........................
___do..........
....d o .........
___d o ..........
Minister.......
Employees..
___d o ..........
— d o.........
— d o.........
.......d o..........
— d o.........
....d o .........
___do........ .
.. . . d o .........
— do.........
— do.........
— d o........
— do........
— do.........
___do..........
Employers.
Employees.
Employers.
Employees..
. ...d o ........
___d o........
. ...d o ........
Employers.
Employees.
___ do........
----- do........
----- d o ........
---- d o........
... . d o ........
___d o........
— d o........
Employers.
Employees.
Employees.
___do........
___d o........
....d o ...
. ...d o .........
Employers.
Employees.
Employers..
Employees..
....... do..........
f___do..........
\Employers..
___ d o..........
Employees.
Employers..
Employees..
.......d o..........
.......d o..........
Employers..
Employees..
.......d o ...
.......d o....
.......d o ...
.......d o ...
Em-
>WAGE LEGISLATION---- QUEENSLAND,
NT OF THE LA W TO JUNE 30, 1912.
Shops for year ended June 30,1912.]
Chairman of
Members of board board named
appointed—
by—
Date of first
Date of an
nouncement of
determination.
Date determina Amount
of fees
tion came into
paid to
force.
Doard.
ral
nr.
1
Oct. 17,1908...
. ...d o ............
.d o .............
....... do.............
....... do.............
Oct. 22,1908...
Nov. 7,1908...
....... d o ............
Nov. 28,1908..
. . . . d o . . .........
Dec. 5,1908...
Board..........
___ do..........
___ d o..........
Minister......
___do..........
___d o..........
Board..........
Minister.......
... . d o .........
Board..........
Minister.......
Nov,.20,1908..
Nov,. 19,1908..
Nov,. 18,1908..
Dec. 10.1908..
Dec, 4.1908...
Jan. 13.1909...
Dec. 11.1908..
Jan. 22.1909...
Feb. 12.1909..
Jan. 8.1909....
Feb. 27.1909..
Feb. 27,1909...
Feb. 6.1909...
Jan. 16,1909...
Sept. 19,1910..
July 3,1909...
Aug. 5,1909...
Apr. 28,1909..
May 26,1909..
July 15,1909...
Oct. 1,1909....
Sept. 17,1909..
Mar. 25,1909.......
Mar. 11,1909....
Feb. 8,1909.......
Oct. 17,1910.......
Oct. 1,1909........
Nov. 1,1909.......
May 31,1909.......
June 12,1909....
Sept. 4,1909.......
Nov. 1,1909.......
Oct. 11,1909.......
.. . . d o .............
Dec. 24,1908..
. . . . d o .............
___ d o.............
Feb. 6,1909...
___d o.............
Mar. 29,1909..
June 11,1909..
. . . . d o . ..........
. . . . d o .........
___ d o..........
Board..........
. . . . d o .........
___ d o___
....d o ....
Minister...
.. . . d o .........
Board....
Jan. 19,1909..
Feb. 11,1909.
Feb. 3,1909..
Feb. 16,1909.
Feb. 26,1909.
Mar. 5,1909..
May 19,1909..
July 29,1909..
July 19,1909..
Aug. 6,1909...
Jan. 14,1910...
Feb. 27,1909..
Apr. 3,1909...
Mar. 27,1909..
May 26,1909..
June 16,1909..
Aug. 31,1909..
Aug. 9,1910...
Sept. 6,1909.......
638.73
Feb. 1,1910.......
453.80
Apr. 1,1909.......
143.56
May 1,1909........
153.29
Apr. 26,1909....
43.80
June 14,1909......
209.26
July 1,1909........
76.65
Sept. 27,1909.... ’ 142.35
Sept. 5,1910.......
844.34
13
14
15
16
17
18
19
20
Aug. 3,1909.,
Dec. 8,1909...
Jan. 1,1910.,
396.62
21
Aug. 5,1909.,
Aug. 9,1909.,
Dec. 1,1909...
Sept. 16,1909..
. ...d o ...........
Oct. 4,1909..,
601.01
575.46
22
23
. . . . d o ................ Minister..
June 28,1909..
.d o ........
Board........
,....d o ........
$475.70
513.42
228.73
5,399.38
1,130.24
733.62
1,007.37
1,338.29
394.19
2,955.18
354.04
2
3
4
5
6
7
8
9
10
11
12
July 8,1909....
. . . . d o .............
...d o ........
...d o ........
Nov. 4,1909..
Aug. 6,1909..
Aug. 24,1909.... July 22,1910..
Jan. 1,1910...
Aug. 8,1910..
142.35
734.84
24
25
.. . . d o .............
July 31,1909..
...d o ........
...d o ........
Aug. 17,1909.... Nov. 4,1909..
Sept. 6,1909..
Feb. 11,1910.
Jan. 1,1910........
Mar. 31,1910....
234.81
111.93
26
27
Aug. 26,1909..
Sept. 14,1909..
, . . ; . d o . . .........
Oct. 11,1909...
Nov. 4,1909...
___ do.............
...d o ........
...d o ........
...d o ........
Minister....
...d o ........
...d o ........
Dec. 2,1909..
Nov. 4,1909.......
Nov. 17,1909....
Dec. 2,1909..
Jan. 18,1910..
Jan. 12,1910..
Oct. 4,1910....
Apr. 13,1910..
Dec. 20,1909..
Aug. 5,1910...
Jan. 28,1910...
Oct. 26,1910...
Oct. 24,1910..
1,640.01
504.90
Junel, 1910..
47.45
Jan. 10,1910..
Sept. 5,1910..
246.97
Feb. 26,1910....
86.38
69.35
Nov. 21,1910....
28
29
30
31
32
33
___ do.............
...... d o ............
Nov. 16,1909..
Nov. 18,1909..
Feb. 24,1910..
Mar. 4,1910...
Mar. 10,1910..
Apr. 7,1910...
Apr. 18,1910..
June 20,1910..
Board....
Minister..
B oard....
Minister..
___ d o..........
Board___
Minister..
___ d o ...
B oard....
___ d o..........
Jan. 11,1910..
Jan. 19,1910..
Dec. 21,1909.,
Feb. 1,1910..
Apr. 15,1910.
Apr. 21,1911.
Apr. 26,1910.
June 28,1910.
May 31,1910.,
July 27,1910.
Feb. 18,1910..
Mar. 15,1910..
Aug. 11,1910..
Apr. 5,1910...
Nov. 10,1910..
May 30,1910..
June 20,1910..
July 15,1910...
Aug. 15,1910..
Oct. 12,1910...
Mar. 14,1910....
Apr. 13,1910..
Sept. 1,1910...
May 1,1910....
Dec. 1,1910...
July 1,1910....
Aug. 1,1910.......
June 30,1910___
Oct. 3,1910...
Nov. 1,1910..
29.20
79.08
228.73
115.58
195.88
135.05
128.96
60.88
856.50
680.09
34
35
36
37
38
39
40
41
42
43
July 21,1910...
Sept. 1,1910...
Sept. 22,1910..
Sept. 27,1910..
Oct. 4,1910....
___ d o..........
Minister___
___ d o..........
Board....
Minister..
Sept. 1,1910..
Nov. 3,1910..
Oct. 21,1910..
Oct. 29,1910..
Oct. 25,1910..
Sept. 28,1910..
Nov. 16,1910..
Nov. 10,1910..
Feb. 22,1911...
Nov. 10,1910..
Oct. 14,1910....
Dec. 19,1910...
Dec. 2 ,1 9 1 0 ....
Mar. 5,1911.......
Dec. 12,1910....
136.26
27.98
38.93
195.88
36.50
44
45
46
47
48
Oct. 13,1910..
Nov. 1,1910..
___ do___
Board.......
Nov. 15,1910.... May 31,1911..
Jan. 31,1911..
Dec. 20,1910.
June 8,1911...
Feb. 23,1911....
300.51
34.07
49
50
Nov. 24,1910...
___ do...............
Dec. 1,1910....
.......d o ...
Apr. 20,1911.
.......d o.......... Jan. 10,1911..
Feb. 8,1911..
Minister..
June 16,1911.
June 20,1911.
Mar. 1,1911..
July 3,1911...
July 10,1911.,
Apr. 1,1911..
259.14
93.68
54.75
51
52
53
Mar. 2,1911....
Apr. 27,1911...
May 4,1911......
May 11,1911....
May 13,1911....
May 18,1911....
Sept. 21,1911...
Sept. 29,1911...
___ d o...............
Oct. 30,1911....
B oard....
.......d o ...
Minister..
Board....
___ d o ...
___ d o..........
Minister..
Board....
___ d o..........
.......d o ...
Apr. 29,1911.... May 1,1911...
130.18
528.02
158.16
119.23
175.19
34.07
81.51
142.35
139.91
122.88
54
55
56
57
58
59
60
61
62
63
Mar. 13,1911.
June 12,1911.
June 27,1911.
June 6,1911..
June 20,1911.
Nov. 21,1911.
Oct. 18,1911..
Oct. 24,1911..
Nov. 28,1911.
82843°—Bull. 167—15------11
Oct. 24,1911....
Mar. 25,1912...
June 30,1911...
July 8,1911......
Feb. 28,1912...
Jan. 17,1912....
Jan. 3,1912.......
Jan. 27,1912...,
Nov. 4.1911..
Mar. 25,1912.
July 14,1911..
July 24,1911..
Mar. 25,1912.
Jan. 1,1912...
Jan. 8,1912...
Jan. 29,1912..
B U L L E T IN
OF T H E B U R E A U
OF L A B O R S T A T IS T IC
OPERATIONS OF WAGES BOARDS APPO
arnal
Title of board.
ro-
er.
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
Request for
board made
by-
Ironworkers assistants’ board—Brisbane.......................................... Employees.
Meat industry board—Brisbane........................................................
Men's and boys'clothing board—Brisbane......................................
Printing board—Brisbane........... : ....................................................
BooMracie board—Brisbane....... *....................................................
Carting trade board—Brisbane..........................................................
Bread and pastry cooking trade board—Brisbane...........................
Saddle, harness, and collar making trade board for the southeast
ern division.
Masters and engineers of river and bay steamboats and barges,
Brisbane board for.
Shop assistants’ board—Brisbane.....................................................
Gas stoking industry board—Brisbane.............................................
House painting and decorating trade board—Brisbane..................
Coal working and lightering industry board—Brisbane..................
Hairdressing industry board—Brisbane...........................................
Tinsmithing trade board—Brisbane.................................................
Chemists assistants’ board—Brisbane............................................... Employees..
Men’s and boys’ clothing board—Brisbane.
Employees..
Storemen for the central divistyhVfrbard for.........................
.......d o ...
Tramways employees’ industry board—Brisbane...............
Carpentry ana joinery trade board for the central division.
Employees..
Furniture trade board—Brisbane..........................................
Employees.
Men’s and boys’ clothing trade for southeastern division...
Carpentry ana joinery trade board for the Mackay division
Storemen for the Mackay division, board for........................
1Amendments.
Number en
rolled.
E 111Em
ploy ers. ployees.
MINIMUM-WAGE LEGISLATION---- QUEENSLAND.
NT OF THE L A W TO JUNE 30, 1912—Concluded.
Chairman of
board named
by—
Date of first
meeting.
Minister..
Board....
Minister..
____d o ...
Board___
Minister..
____d o ...
Board....
..d o . . .
Date of an
nouncement of
determination.
Date determina Amount
of fees
tion came into
paid to
force.
board.
Sept. 7,19111..
Sept. 29,19111.
Oct. 4,1911....
Sept. 25,1911.,
Aug. 16,19111
Aug. 26,1911.
irlal
mtr.
64
65
66
67
68
69
70
71
72
Minister..
73
. .d o ...
B oard....
Minister.,
. .d o ...
..d o . . .
Board___
....... d o ...
74
75
76
77
78
79
80
81
82
83
84
85
86
87
Minister.,
....... d o ...
Board___
..d o . . .
..d o . . .
. .d o ...
Apr. 22,1912.
June 14,1912.
June 25,1912.
Jan. 3,19121...
Jan. 15,1912 .
Jan. 3,19121.
June 21,1912.
Jan. 8,1912.,
149.64
"*7.30*
88
89
164
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The wages-board system was in 1912 replaced by a system of indus
trial or wages boards with an arbitration court, by the industrial peace
act of 1912. The immediate cause of this legislation was a general
strike in 1912 which for a time paralyzed the industries of the
country
The industrial boards are constituted by the governor in council on
recommendation of the industrial court, but without any preliminary
parliamentary resolution. The members of the boards are appointed
by the governor in council after an election of their representatives by
the employers and employees, respectively. Each board elects its
own chairman. The jurisdiction of the boards extends to any indus
trial matter or dispute in connection with the industry or calling for
which the board was created.
The act of 1912 created an industrial court, consisting of a judge
appointed by the governor in council. Appeal may be taken from the
awards of the industrial boards to this court. The court has power
also in case of any willful or unnecessary delay on the part of the
board to take over all questions in the hands of the board and to
exercise the functions of the board and issue an award in the place of
the board. The court also has jurisdiction over any industrial mat
ters and industrial disputes which may be submitted to it by the
minister or by an employer employing not less than 20 persons, or by
not less than 20 employees in any calling. In such a case the court
exercises the powers and authority of a board and as such makes
awards and orders.
At the end of April, 1914, it was reported that 92 industrial boards
had been authorized, of which 81 were at that time in existence. The
number of awards in force was 76. On June 30,1914, the number of
employees affected by the 92 awards then in force was 90,000.
SOUTH AUSTRALIA.
Minimum-wage legislation in South Australia dates from the
factories act of December 5,1900. As in most of the other Australian
States, the special purpose of the act was to do away with sweating,
which according to the reports of the chief inspector of factories was
prevalent in the clothing trades. The chief inspector reported that
he had even found that manufacturers in other Australian States were
shipping their materials to South Australia to be made up at the very
low rates there prevailing and to be returned to those States and
sold.
In form the South Australia act of 1900 was modeled on the Vic
torian legislation. A statutory minimum of 4s. (97.3 cents) a week
was fixed and the establishment of wages boards was authorized for
factory and outworkers engaged in the manufacture of: (1) White
work, (2) boots and shoes, (3) furniture, (4) bread, and “ such other
M INIM UM -W AGE LEGISLATION---- SOUTH AUSTRALIA.
165
manufacturing trades or businesses as may be from time to time fixed
and determined by resolution of Parliament/'
The act was to go into effect as soon as regulations were accepted
by Parliament. Regulations were drawn up and submitted to Par
liament in 1901. The proposed regulations, however, were not
approved, and it was not until 1905 that the appointment of any
boards was secured. This, however, was not under the act of 1900,
but under the act of 1904, applying only to clothing and white work
and including all females, and males under 21. The first determina
tion under the clothing board was issued December 1, 1905. The
determination of the shirt-making and white-work board was issued
early in 1906. Even then, because of opposition and defects disclosed
in the act, the determinations were held invalid. The report of the
chief factory inspector, however, shows that many of the manufac
turers conformed to the rates fixed by the boards.
In 1906 Parliament provided for boards similar to the Victorian
model in 8 trades, namely, bread making, boots, brick making,
butchering, dressmaking, carriers and drivers, furniture making,
and shirt making and white work. Boards were at once appointed
in these 8 trades and determinations became effective in September,
1906.
In 1907 the various factory acts were consolidated in the factories
act of 1907, in effect January 1,1908, under which it was necessary to
draw up new regulations. Opposition to the enforcement of the act
again developed and the regulations were withdrawn in Parliament.
New regulations were approved under date of September 30, 1908,
from which the actual beginning of operations of the wages-board
system in South Australia may be said to date.
The industrial arbitration act of 1912, enacted December 19, 1912,
substituted for the wages-board system formerly in effect a mixed
system of wages boards and an industrial court resembling that of the
New South Wales act of 1912. Under the new law the wages boards
were continued, but were subordinate to the industrial court, whose
powers were made considerably broader than those formerly granted
to the wages boards under the old system. The boards, however, are
not appointed on the recommendation of the industrial court as in
New South Wales, but by the governor in council upon the nomina
tion of employers and employees, respectively. The boards nominate
their president, who is then appointed by the governor.
As in most of the Australian States the basis which the boards use
in fixing the minimum wage is the “ living wage.” The South Aus
tralian act provides that “ the court shall not have power to order or
prescribe wages which do not secure to the employees affected a
living wage. ' Living wage' means a sum sufficient for the normal and
166
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
reasonable needs of the average employee living in the locality where
the work under consideration is done or is to be done.”
At the end of April, 1914, it was reported that 56 boards had been
authorized, 51 of which were at that date in existence. Approxi
mately 25,000 employees were in the trades which had been brought
under the jurisdiction of boards. At the same date 54 determina
tions were in force, 6 of which had been made by the industrial court
after the minister of industry had reported the inability to appoint
boards as provided for by the law or the failure of the duly appointed
boards to discharge the duties in accordance with their appointment.
TASMANIA.
Tasmania was the last of the Australian States to adopt mini
mum-wage legislation. The wages board act of 1910 (January 13,
1911), which came into operation March 31, 1911, followed the
Victorian model, but applied only to clothing and wearing apparel,
including boots and shoes. The system could be extended to other
trades only by parliamentary authorization. In 1912 Parliament
authorized the creation of 19 additional boards, as follows:
Bakers and pastry cooks’ board.
Bricklayers and stonemasons’ board.
Briekmakers and pottery makers’ board.
Butchers’ board.
Carpenteis and joiners’ board.
Carters and drivers’ board.
Coach builders’ board.
Engineers’ board.
Plasterers’ board.
Timber trade board.
Flour millers’ board.
Furniture makers’ board.
Hotels, coffee palaces, restaurants, and
clubs’ board.
Ironmolders’ board.
Jam makers’ board.
Painters and decorators’ board.
Pastoral industry board.
Printers’ board.
Threshing machine board.
The wages boards are appointed by the governor in council on
nominations by employers and employees. As in Victoria, each
board consists of not less than 4 nor more than 10 members and a
chairman, selected either by the members, or in case of default in
selection, appointed by the governor. At the end of April, 1914, 23
boards had been authorized and 21 were in existence.
The act provides for no court of appeal, but permits an appeal to
the supreme court on grounds of legality. The minister of labor,
however, is authorized to suspend or refer back for reconsideration
any determination.
The act also forbids a lockout or strike on account of any matter
in respect to which a board has made a determination. For viola
tion of this provision severe penalties are imposed, namely: In the
case of an organization £500 ($2,433.25) and in the case of an
individual £20 ($97.33).
As originally passed, the act of 1910 provided that the minimum
wage to be fixed should be based on and could not exceed “ the
M INIM UM -W AGE LAWS---- TASMANIA.
167
average prices or rates of payment (whether piecework prices or rates
of wages prices or rates) paid by reputable employers to employees
of average capacity.” As in Victoria and some of the other States,
the form of reference to “ reputable employers” was considered ob
jectionable by employees as it limited the wages to be fixed to those
paid at the time. The objectionable provision was repealed in the
act of September 14, 1911 (wages board act, 1911). The basis now
prescribed in the law for fixing minimum wage is shown in the follow
ing quotation from the act of 1911:
S e c . 2 2. (1 ) The board, for the purpose of determining the lowest prices or rates
of payment which may be paid, shall take such evidence as it deems sufficient, and
shall take into consideration—
(a) The nature, kind, and class of the work;
(b) The mode and manner in which the work is to be done;
(c) The age and sex of the workers, and in addition, as regards apprentices and im
provers, their experience at the trade; and
(d) Any matter whatsoever which may from time to time be prescribed.
(2)
The board shall ascertain what prices or rates are fair and reasonable as the
lowest prices or rates to be paid, taking into consideration the evidence and the
matters and things mentioned in subsection (1) of this section, and shall make their
determination accordingly; and the board (if it thinks fit) may fix different prices
or rates accordingly.
WESTERN AUSTRALIA.
In Western Australia an abortive industrial conciliation and arbi
tration act was passed December 5, 1900, and as amended February
19, 1902, became operative in that year. The act of 1902 was mod
eled on that of New Zealand, including an arbitration court of three
members and district conciliation boards.
The present act, which is a consolidation of previously existing
laws, is the industrial arbitration act of 1912, enacted December 21,
1912.
The act provides for a court of arbitration, appointed by the gov
ernor, one member to be appointed on the recommendation of the
industrial unions of employers and one on the recommendation of
the industrial unions of employees, the third member, who acts as
president, to be a judge of the supreme court. The powers of the
court are very broad, extending practically to any industrial matter.
In fixing the minimum wage in its award, the living wage is the
standard, the law providing that “ no minimum rate of wages or other
remuneration shall be prescribed which is not sufficient to enable the
average worker to whom it applies to live in reasonable comfort, hav
ing regard to any domestic obligations to which such average worker
would be ordinarily subject.”
At the end of April, 1914, it was reported that 18 awards were in
force. In addition, there were 93 industrial agreements, which under
the law have the force and effect of awards. The membership of
registered industrial unions was reported as 30,000.
168
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
NEW ZEALAND.
INTRODUCTION.
The first of all the laws providing a means for fixing the legal mini
mum wage was the New Zealand Industrial Conciliation and Arbi
tration Act of 1894, enacted August 31, 1894, and in force January 1,
1895. The New Zealand act was primarily a compulsory arbitration
act for the prevention and settlement of strikes and lockouts. The
authority conferred upon the arbitration court to fix conditions of
employment included fixing the minimum rates of wages to be paid
in the cases coming before it.
The New Zealand law has been many times amended,1 but has
remained from the beginning primarily an act for the settlement of
disputes and the fixing of wages by an arbitration court. In 1908
councils of conciliation were introduced, with functions and methods
somewhat similar to those of the wages boards, and disputes were
required to be heard by the conciliation tribunal before they could be
referred to the court of arbitration. Thus under the present law a large
proportion of the disputes are settled by the councils of conciliation.
The number of awards and agreements actually in force March 31,
1914, was 445. During the period since the act came into force the
number of factories has increased from 4,109 in 1894-95, to 13,469
in 1913-14. The number of factory workers had increased within
the same period from 29,879 to 87,517, an increase in number of
employees having been recorded each year except two.2
New Zealand, like most of the Australian States, has also an act
fixing a minimum wage below which no person may be employed.
This law was first enacted October 21, 1899, and is now embodied in
the factories act, 1908. This law fixes the minimum wage at 5s.
($1.22) a week for the first year of employment in the trade, 8s.
($1.95) a week for the second year, with additions of 3s. (73 cents) a
week for each year of employment in the same trade until a wage of
20s. ($4.87) is reached. The purpose of this provision of law was to
prevent the employment of children and apprentices without any
wage or at a premium, as was often done under the pretense of teach
ing the trade.
SUMMARY OF PROVISIONS OF INDUSTRIAL ARBITRATION ACT.
The main provisions of the New Zealand law may be summarized
a^ follows:3
Industrial Districts.
Under the regulations of the act the Dominion of New Zealand is
divided into eight industrial districts.
i The later acts are: Oct. 18,1895; Oct. 17,1896; Nov. 5,1898; Oct. 20,1900 (consolidation act); Nov. 7,1901;
Sept. 24,1903; Nov. 20,1903; Nov. 8, 1904; Oct. 27,1905 (consolidation act); Oct. 31,1905; Oct. 29,1906; Aug.
4,1908 (consolidation act); Oct. 10,1908; Dec. 3,1910; Oct. 28,1911; Oct. 3,1913. The text of the law as exist
ing early in 1900 was printed in Bulletin of the Bureau of Labor, No. 33, pp. 207 et seq. The text of the law
as existing early in 1903 was printed in Bulletin of the Bureau of Labor, No. 49, pp. 1282 et seq.
* Twenty-third Annual Report of the New Zealand Department of Labour, 1914, p. 7.
8New Zealand Official Year Book, 1914. Wellington, 1913, pp. 661-665.
M INIM UM -W AGE LEGISLATION---- NEW ZEALAND.
169
Registration of Industrial Unions and Associations.
Any society consisting of not fewer than three persons in the
case of employers or fifteen in the case of workers in any specified
industry or industries in an industrial district may be registered as
an “ industrial union” on compliance with the requirements for regis
tration. Any incorporated company may also be registered as an
industrial union of employers. Any two or more industrial unions
of either employers or workers in any industries may form an “ in
dustrial association,” and register the same under the act. Indus
trial associations are usually formed for the whole or greater part of
New Zealand, comprising the unions registered in the various indus
trial districts.
Such registration enables any union or association—
(1) To enter into and file an industrial agreement specifying the
conditions of employment agreed upon. This agreement (which is
binding only on tne parties to it), although required by the act to be
limited to a period of not more than three years, remains in force
until superseded by another agreement or an award of the court of
arbitration, except where the registration of the union of workers
concerned is canceled.
(2) In the event of failure to arrive at an industrial agreement, to
bring an industrial dispute before a council of conciliation set up for
the purpose, and, if necessary, before the court of arbitration.
It should be noted that while employers may individually be cited
by a workers’ union or association, workers can be cited by employers
only when such workers are voluntarily registered under the act as
an industrial union or association of workers.
The constitution of councils of conciliation and of the court of
arbitration is explained later on in this section. A council of concilia
tion has no compulsory powers; it merely endeavors to bring about a
settlement. If a settlement is effected it may be filed as an “ indus
trial agreement.” In most cases, however, it has been found that
on arriving at a settlement through the council of conciliation the
parties prefer to have the agreement made into an award of the court
of arbitration, and in such cases the dispute is formally passed on to
the court for that purpose.
If the members of the council agree upon a unanimous recommenda
tion, but do not get an “ industrial agreement ” signed by all theparties,
the recommendation is now (vide the 1911 and 1913 amendments)
filed for one month, and if no party disagrees with the same within
that time the recommendation becomes automatically binding on
the parties.
If a complete settlement is not arrived at, the council is required
by the act to refer the dispute to the court of arbitration, which,
after hearing the parties, may make an award, and any items of the
dispute that have been agreed upon before the council may be em
bodied by the court into its award without any further reference.
Such an award is, like an industrial agreement, binding on all the
parties cited, and is also binding on any other employers subsequently
commencing business in the same trade in the district. Unless the
district is further limited by the court in the award, the award applies
to the industrial district in which it is made. Pending the sitting of
the court of arbitration to hear the dispute, it is the duty of the
council to endeavor to bring about some provisional agreement.
170
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Awards are also required by the act to be limited to a period of not
more than three years, but, nevertheless, remain in force until super
seded either by another award or by a subsequent agreement, except
where the registration of the union of workers has been canceled.
Under the act in force from 1901 to 1908 power was given to any
of the parties to a dispute, when once filed for hearing by the board
of conciliation appointed under that act to hear all disputes in the
district, to refer tne same to the court of arbitration direct without
waiting for a hearing by the board. This provision was repealed in
1908, when all disputes were again required to be heard by the con
ciliation tribunal before being referred to the court of arbitration.
In 1911, however, a clause was inserted to enable an industrial asso
ciation, party to a dispute extending over more than one industrial
district (and therefore beyond the jurisdiction of a conciliation
council), to apply direct to the court of arbitration for the hearing
of the dispute.
Registration also enables a union or association to cite before a
magistrate any party committing a breach of an award or industrial
agreement, rarties generally prefer, however, to hand over any
such cases to the labor department to cite or otherwise dispose of
as it thinks fit.
Under the act individual employers have the same powers as unions
or associations of citing other parties, although they seldom exercise
those powers.
Constitution of Conciliation Councils.
The act provides for the appointment of not more than four con
ciliation commissioners to hold office for three years; three have
been appointed and each of the eight industrial districts is placed
under the jurisdiction of one of them.
When a dispute arises the union, association, or employer desiring
to have the same heard makes application to the commissioner in
the form provided, stating the nature of the dispute, and the names
of the respondents, and recommending, at its option, one, two, or
three assessors to act as representatives on the council to be set up.
On receipt of the application the commissioner notifies the respond
ents ana calls upon them to similarly recommend an equal number
of assessors to represent them. The assessors must, except in special
cases at the discretion of the commissioner, have been engaged in
the industry. Councils of conciliation are thus set up for each
dispute as it arises.
Constitution of the Court of Arbitration.
The court of arbitration is appointed for the whole of New Zealand,
and consists of three members, one of whom—the permanent judge of
the court—possesses the same powers, privileges, etc., as a ludge of
the supreme court. Of the other members, one is nominated by the
various unions of employers throughout the Dominion and one by the
unions of workers, ana their appointments are determined by a
majority of the unions on each side, respectively. Like the members
of the former boards of conciliation, they hold office for three years,
and are eligible for reappointment. The judge and one member con
stitute a quorum. All decisions of the court are arrived at by the
judgment of a majority of the members present at the sitting, or, if
those members present are equally divided in opinion, the decision of
the judge is final. The court has full power to deal with questions
M INIM UM -W AGE LEGISLATION---- NEW ZEALAND.
171
brought before it, and, except in the case of matters which may be
ruled to be beyond the scope of the act, there is no appeal from its
decision.
Breaches.
Breaches of awards and industrial agreements are punishable as
follows: A union, association, or employer by fine not exceeding
£100 ($486.65) for each breach; a worker by fine not exceeding £5
($24.33) for each breach. Penalties are recoverable at the suit of
either an inspector of awards (by action in the magistrates' court or
the arbitration court), or any party to the award or agreement (by
action in the magistrates' court), but there is a right o f appeal from
the magistrates’ to the arbitration court. Actions for the recovery of
penalties must be commenced within six months after the cause of
action has arisen.
COMPARISON OF MINIMUM RATES UNDER AWARDS WITH ACTUAL
RATES PAID.
The department of labor of New Zealand in its report for 1909
makes extensive comparisons of the actual rates paid in various
industries in the four chief industrial centers with the minimum rates
paid under arbitration awards. In commenting upon its figures, the
department report says:1
Appended to this report appears the result of an investigation, as
far as factories are concerned, into the extent to which the arbitra
tion court in fixing a minimum wage has or has not lowered the
average wage, or injured high rates for especially good workers. It
has so often been asserted with blind confidence that every award
of a minimum wage has “ leveled down” all wages, that it will come
as a surprise to the general public to find how few workers have to
accept the minimum wage, which is not, as has been so often stated,
“ the award wage,” but a limit of wage below which no persons in that
particular trade may be paid. In the bootmaking trade, for instance,
m Auckland 66 per cent, in Wellington 85 J per cent, in Christchurch
66 per cent, and in Dunedin 50 per cent of the workers receive wages
above the minimum wage. In Auckland 91 per cent, in Wellington
57J per cent, in Christchurch 50 per cent, and in Dunedin 26 per cent
of the cabinetmakers receive above the minimum wage named in the
award. Plumbers and gas fitters receiving wages above the award
minimum are: In Auckland 66 per cent, Wellington 19 per cent, in
Christchurch 84 per cent, in Dunedin 59 per cent. It is of no use
laboring the matter here by quoting figures too profusely, since the
whole state of the case can be seen by any person studying the table,
but the investigation has served to prick one of the bubbles so freely
blown by opponents of the act when trying to gain the sympathy of
those whose wages have been for years protected by the industrial
courts from the undercutting of unscrupulous mates or the forcingdown methods of greedy exploiters.
The same report makes similar comparisons in a large number of
industries. 2In the tailoring trade, including factory-made clothing/
1 Eighteenth Annual Report of the New Zealand Department of Labour, 1909. Wellington, 1909, p. xiii.
2 Idem., pp. 133 et seq.
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
172
a trade in which the majority of employees are women, similar
differences were found, as is shown in the following table:
PER CENT OF W ORKERS RECEIVING MORE THAN THE MINIMUM AW ARD RATES.
Auckland (city).
Sex.
Males.....................
Females.................
Total......
Minimum
rates
under
awards.
$12.17
$6.08-7.30
Wellington.
Christchurch.
Dunedin.
Per cent
Per cent
Per cent
Per cent
receiving Minimum receiving Minimum receiving Minimum receiving
more
rates
rates
more
more
rates
more
than
under
than
under
than
under
than
mini
mini
awards.
mini
awards.
awards.
mini
mum.
mum.
mum.
mum.
64
24*
47
$13.38
6.08
37J-100
7 4 -9 0
77
$13.38
6.08
27-100
26-100
46
$13.38
6.08
33|-87
34 -57
55
The report of the New Zealand department for 1910 makes similar
comparisons of actual rates paid and minimum rates under awards.
Upon its figures for the year 1910 the report contains the following
comment:1
Again this year I append a table of an investigation, as far as
factories are concerned, showing rates paid to workers as compared
with the minimum wage under awards, etc. For this purpose the
wages of 7,374 workers have been compared. Of this number,
2,785 received the minimum wage, and 4,589 in excess of it, or a total
of 62 per cent. In making this comparison only the wages of persons
over the age of 21 are taken; and on reference to the return it will
show how each industry governed by an award is dealt with. Un
fortunately, owing to the difficulty of making comparisons, some
of our principal industries have not been dealt with, as the awards
provide for two or three rates to be paid to certain classes of em
ployees, and the schedules received from employers do not always
separate the workmen into the various classes. However, there is
sufficient evidence to show that in our manufacturing industries at
least an average of 50 per cent of the workers compared received more
than the rates granted in the awards of the court of arbitration.
Such a result must be exceedingly gratifying to those interested in
the industrial legislation of the Dominion, especially in view of the
fact that opponents of the act have stated in and out of season that
the majority of workers are receiving only the minimum wage, and
that the work accomplished by the first-class man gets no more recog
nition than that of the ordinary employee who makes no special effort
to deserve extra monetary reward. If this allegation is true in regard
to workers outside manufacturing industries—which I very much
doubt—the figures quoted by the department in this report hardly
bear out the contention in regard to many of our leading manufactur
ing industries. I find in regard to the cities the returns show that in
Auckland, out of 2,119 employees compared, 782 receive the minimum
rate and 1,337 in excess, equal to 63 per cent. In Wellington 1,513
employees have been compared, 535 of whom receive the minimum
rate and 978 in excess of the minimum, or 64 per cent. In Christ
church 2,367 have been compared, 869 of whom receive the minimum
i Nineteenth Annual Report of the New Zealand Department of Labour, 1910. Wellington, 1910;
pp. xi, xii.
173
M INIM UM -W AGE LEGISLATION---- NEW ZEALAND.
rate and 1,498 in excess of minimum, or 63 per cent. In Dunedin
1,375 employees have been compared, of whom 599 receive the mini
mum and 776 in excess of the minimum, or 56J per cent.
WORK OF CONCILIATION COUNCILS AND ARBITRATION COURT.
The work of the conciliation councils and arbitration court during
the year ended March 31, 1914, may be summarized as follows:1
Cases.
Industrial agreements.....................................................................................
Recommendations of councils of conciliation........................................
Awards of the arbitration court............................. .....................................
Applications for awards refused..................................................................
Enforcements of awards (conducted by department) in arbitration
42
166
93
3
court.................................................................................................................
Interpretation of awards................................................................................
Other decisions (amending awards, adding parties, etc.)..................
Appeals from decisions of stipendiary magistrates in enforcement
cases..................................................................................................................
Appeal from registrar’s decision to refuse registration of union----Magistrate’s courts:
Enforcements of awards, etc. (conducted by department)___
Enforcements of awards (conducted by unions)...........................
Enforcements of act................................................................................
Permits to underrate workers granted by inspectors of factories and
secretaries of unions....................................................................................
8
20
48
5
1
425
4
7
208
Of 433 cases for breaches of awards in which the proceedings were
taken by the labor department, 401 were decided in favor of the
department and 32 were dismissed. In four cases conducted by
unions, one conviction was recorded, and three cases were dismissed.
COST OF ADMINISTRATION.
The cost of administration of the act by the arbitration court and
councils of conciliation during the year 1912-13 was £8,171 19s. 6d.
($39,768.91), made up as follows:2
Salaries of members of arbitration court-----Salaries of conciliation commissioners...........
Salaries of arbitration court officers................
Fees paid to assessors, councils of concilia
tion........................................................................
Traveling, etc., expenses of arbitration
court..........................J.........................................
Traveling, etc., expenses of conciliation
commissioners...................................................
Traveling, etc., expenses of conciliation as
sessors...................................................................
2,800
1,500
165
0
0
0
0 ($13,626.20)
0 ( $7,299. 75)
0 (
$802.97)
1,473
15
0 ( $7,172.00)
1,249
13
11 ( $6,081.64)
373
10
7 ( $1,817. 78)
610
0
0 ( $2,968.57)
T otal............................................ .............8,171
19
6 ($39,768.91)
The cost of administration for the year 1913-14 was £415 16s. 8d.
($2,023.65) less than in the preceding year, the differences being
chiefly in traveling expenses.1
1 Twenty-third Annual Report of the New Zealand Department of Labour, 1914, pp. 18 and 19.
* New Zealand Official Year Book, 1913. Wellington, 1913, p. 674.
GREAT BRITAIN.1
SUMMARY OF PROVISIONS OF TRADE BOARDS ACT.
Minimum-wage legislation in Great Britain was initiated by the
trade boards act which came into operation January 1, 1910. The
original act provided for the establishment of trade boards authorized
to fix minimum rates of wages in four trades, selected as being espe
cially subject to sweating. These trades were the following:
1. Ready-made and wholesale bespoke tailoring, employing up
ward of 200,000 persons, about one-third of whom were men.
2. Paper-box making, employing about 25,000 persons.
3. Machine-made lace and net finishing, and mending or darning op
erations of lace curtain finishing, employing about 10,000 persons.
4. Certain kinds of chain making, employing some 3,000 persons,
two-thirds of whom were women.
By the trade boards provisional orders confirmation act enacted
August 15, 1913, four additional trades were brought within the
scope of the act. These were:
1. Sugar confectionery and food preserving, employing about
80,000 persons.
2. Shirt making, employing approximately 40,000 persons.
3. Hollow ware, employing about 15,000 persons.
4. Linen and cotton embroidery, employing about 3,000 persons.
In 1913, and again in 1914, the Board of Trade took steps to secure
the extension of the act, by Parliament, to power laundries. On
both occasions, however, Parliament declined to grant the necessary
authorization because of defects in the bill presented or lack of the
information desired preliminary to definite action in the case.
The act provides that the Board of Trade may make a provisional
order applying the act to any other trade if they are satisfied that
the rate of wages prevailing in any branch of that trade is “ excep
tionally low” as compared with that in other employments, and that
the other circumstances of the trade are such as to render the appli
cation of the act to the trade expedient.
No provisional order extending the act to any additional trade has
effect unless and until it is confirmed by Parliament.
The principal function of trade boards is to fix minimum rates of
wages; that is to say, rates of wages which in the opinion of the trade
board are the lowest which ought to be paid to workers in the trade
and district for which the rates are fixed.
Every trade board consists of equal numbers of members repre
senting employers and members representing workers in the trade, to1 This section is based largely upon an official report entitled “ Memoranda in reference to the working
of the trade boards act ” presented to Parliament by the Board of Trade, May 27,1913. London, 1913,
H. C. 134.
174
M INIM UM -W AGE LEGISLATION---- GREAT BRITAIN.
175
gether with a smaller number of “ appointed members,” who are per
sons unconnected with the trade and appointed by the Board of Trade.
The membership of the trade boards in existence in June, 1913, is
shown in the following statement, which also indicates the cases in
which members were elected and those in which members were
nominated by the Board of Trade:
MEMBERSHIP OF TRADE BOARDS, JUNE, 1913.
Additional
Total
members
repre
chosen by
senta
Workers.
Board of Trade. tive
mem
Elect Nomi Em Work bers.
ed.
nated. ployers. ers.
Representatives of
Ap
pointed
mem
bers.
Trade.
Chain Tinairing...................... .....................
Laca
Employers.
Elect Nomi
nated.
ed.
3
3
3
3
5
3
fin ish in g...................................... ..
Paper-box making (Great Britain)...
Paper-box malrfn^ (Ireland)..............
Tailoring (Great Britain)....................
Tailoring (Ireland)..............................
6
36
2
2
12
20
3
3
38
13
1
2
1
2
30
4
13
10
Total...........................................
8
16
6
8
16
4
10
20
10
21
37
20
8
130
8
Nine district trade committees, covering the whole country, have
been established by the paper-box trade board (Great Britain) and
seven district trade committees, covering the whole country, have
been established by the tailoring trade board (Great Britain). No
minimum rate of wages can have effect in an area for which a district
trade committee has been established, unless the committee has recom
mended it or has had an opportunity of reporting to the trade board.
The district trade committees consist partly of appointed members,
partly of representative members of the trade board, and partly of
representatives of local employers and local workers. The local rep
resentatives have in all cases been nominated by the Board of Trade.
The membership of the 16 district trade committees mentioned
above is shown in the two following tables:
MEMBERSHIP
OF
P A PE R -B O X DISTRICT TRAD E COMMITTEES
APPOINTED MEMBERS), JUNE, 1913.
District.1
R ep resen ta tiv e
members of the
tra d e b oa rd
chosen to act on
committees.
Employ
ers.
Work
ers.
Local representa
tives.
Employ
ers.
Work
ers.
(EXCLUSIVE
Additional mem
bers chosen by
Board of Trade.
Employ
ers.
Work
ers.
1
1
1
1
5
5
7
5
1
2
1
2
44
5
5
Manchester.................................
Liverpool....................................
Leeds...........................................
Leicester.....................................
Nottingham................................
Birmingham......... ....................
Bristol.........................................
London.......................................
Glasgow.......................................
2
2
2
2
2
3
3
4
3
2
2
2
2
2
3
3
4
3
4
4
4
4
5
5
5
4
5
4
5
5
7
5
Total.................................
23
23
44
OF
Total
repre
senta
tive
mem
bers.
14
14
14
14
12
16
18
26
16
144
i The districts are here named, for the sake of brevity, after the principal centers of the trade in the sev
eral areas. The districts covered by the committees are set out in full in the regulations for the paper-box
trade board (Great Britain).
176
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
MEMBERSHIP OF TAILORING DISTRICT TRADE COMMITTEES (EXCLUSIVE OF AP
POINTED MEMBERS), JUNE, 1913.
District.1
Representative mem
bers of the trade
board chosen to act
on the committees.
Local representatives.
Employers. Workers. Employers.
Glasgow........................................................
Leeds.............................................................
Manchester....................................................
Leicester.......................................................
Norwich........................................................
London.........................................................
Bristol...........................................................
3
4
3
3
2
4
3
3
4
3
3
2
4
3
6
8
8
6
5
29
6
Total....................................................
22
22
48
Total rep
resentative
members.
Workers.
6
8
8
6
5
6
18
24
22
18
14
26
18
48
140
29
1 The districts are here named, for the sake of brevity, after the principal centers of the trade in the sev
eral areas. The districts covered by the committees are set out in full m the regulations for the tailoring
trade board (Great Britain).
2 Including 1 additional member nominated by the Board of Trade.
ORGANIZATION AND WORK OF TRADE BOARDS.
The act requires the trade boards to fix minimum time rates of
wages for their trades. It also gives them power to fix general
minimum piece rates. These rates, whether by time or piece, may
be fixed so as to apply to the whole trade or to any special process
or to any special class of workers or to any special area.
Before fixing any minimum rate of wages a trade board must give
notice of the rate which they propose to fix, and must consider any
objections that may be put before them within three months; and
when the rate has been fixed notice of it must be given by the trade
board for the information of the employers and workers affected.
Any rate so fixed immediately has a limited operation, as follows:
(a) An employer must pay wages at not less than the minimum rate,
unless there is a written agreement under which the worker
agrees to accept less. If there is no such written agreement,
wages at the minimum rate can be recovered from the em
ployer as a debt (but the employer will not be liable to a fine),
(ib) Any employer may give notice to the trade board that he is
willing to be bound by the rate fixed and be liable to the same
fine for underpayment as if the rate had been obligatory. No
employer will receive a contract from a Government depart
ment or local authority unless he has given notice to the trade
board in this manner.
The limited operation described above continues (unless the
Board of Trade direct to the contrary in any case in which they have
directed the trade board to reconsider the rate) until the Board of
Trade make an order making the rate obligatory. Such an order
must be made by the Board of Trade six months after notice of the
fixing of the rate has been given by the trade board, unless the
M INIM UM -W AGE LEGISLATION— GREAT BRITAIN.
177
Board of Trade consider it premature or otherwise undesirable to
make an obligatory order. In that case the Board of Trade must
make an order suspending the obligatory operation of the rate.
After the expiration of six months from the date of any order of
suspension the trade board may apply to the Board of Trade for an
obligatory order. On any such application the Board of Trade must
make an obligatory order unless they are of opinion that a further
order of suspension is desirable.
When a minimum rate has been made obligatory by order of the
Board of Trade, any agreement for the payment of wages at less than
the minimum rate is void, and payment of wages at less than the
minimum rate, clear of all deductions, renders the employer liable
to a fine of not more than £20 ($97.33), and to a fine not exceeding
£5 ($24.33) for each day on which the offense is continued after
conviction therefor.
Employers may arrange with their workers for payment either by
piece or time. If the workers are paid by piece for doing work for
which a minimum time rate but no general minimum piece rate has
been fixed, two courses are open to the employer: (a) He may fix
the piece rate himself, in which case he must be able to show, if
challenged, that his rate would yield to an ordinary worker, in the
circumstances of the case, at least as much money as the time rate
fixed by the trade board (it is not necessary for him to show that the
piece rate which he has fixed yields every worker, however slow or incapa
ble, at least the same amount of money as the minimum time rate would
yieldj nor, on the other hand, is it sufficientfor him to show that the piece
rate which he has fixed will yield the equivalent of the minimum time
rate in the case of a specially fast worker); or, (b) he may, if he chooses,
apply to the trade board to fix a special minimum piece rate for the
persons he employs.
In cases where a trade board are satisfied that a worker is affected
by an infirmity or physical injury which renders him incapable of
earning the minimum time rate, and that he can not suitably be
employed on piecework, they may grant to the worker a permit of
exemption; and so long as the conditions prescribed by the trade
board on the grant of the permit are complied with, an employer is
not liable to penalty for paying the worker wages at less than the
minimum time rate.
82843°—Bull. 167—15------12
178
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
The minimum rates of pay for adults fixed by the trade boards
up to the present time are as follows:
MINIMUM WAGE RATES F IXE D FOR ADULTS B Y TRADE BOARDS FOR GREAT BRITAIN.
Trade.
Chain making...........................................................
Wholesale tailoring...................................................
Lace finishing........................................................................
Paper-box making .....................................................
Confectionery3...........................................................
Shirt making8...........................................................
Males.
5d.-7*d. i (10.1 cents-15.6 cents)..
6d. (12.2 cents) (at 22 years)..........
No males.........................................
6d. (12.2 cents) (at 21 years)..........
6d. (12.2 cents) (at 22 years)..........
Females.
2|d. (5.6 cents).
3|d.2 (6.6 cents).
2fd. (5.6 cents).
3a. (6.1 cents).
3d. (6.1 cents).
3|d. (7.1 cents).
1According to size of chain.
2 An increase to 3id. (7.1 cents) has recently been proposed (January, 1915) by the trade board.
•These are the proposed rates. They have not been finally determined.
* Men do not desire minimum wages to be fixed.
PROSECUTIONS FOR ENFORCEMENT OF ACT.
Officers have been appointed by the Board of Trade for the purpose
of investigating complaints and otherwise securing the proper observ
ance of the act. These officers have power to enter factories, work
shops and places used for giving out work and to require the pro
duction of wages sheets, lists of outworkers, and other relevant
information.
An important part of the work of the investigating officers has been
concerned with cases in which nonobservance of the minimum rates
has been found to be due to misunderstanding or carelessness, and
it has seemed desirable to effect a settlement, on the basis of a revi
sion of the rates of wages and payment of the arrears due to the
workers without recourse to legal proceedings.
As examples of the cases dealt with, the following may be of interest:
(1) Found three workers underpaid. Arrears paid in all cases.
Amount, £15 15s. 4|d. ($76.74).
(2) Found that time workers were receiving minimum or over, and
that proportion of pieceworkers who earned less than the
minimum did not appear to be excessive. Complaint not con
sidered to be substantiated.
(3) Found three time workers had been underpaid. Arrears paid,
£2 15s. 3d. ($13.44). On first visit 23 per cent pieceworkers
earned less than minimum; piece rates were in some cases
increased, and on second visit only 10 per cent earned less.
(4) Found six time workers underpaid. Correct rates to be paid in
future. Arrears paid, £20 16s. lid . ($101.45.)
Proceedings have been taken against employers in four cases in
which breaches of the act have been brought to the notice of the
Board of Trade, and in each case a conviction was obtained.
The first prosecution was that of an employer in the chain trade
for failure to pay wages to three workers at the minimum rates fixed
for dollied chain making by the chain trade board. In this case an
attempt was made to conceal the infraction of the act by false entries
in the wages books. As the court considered that the offenses were
serious they imposed fines amounting to £15 ($73), with £9 9s.
($45.99) costs; and in addition the defendant was ordered to pay to
the workers arrears of wages amounting to £7 15s. lOfd. ($37.93).
M INIM UM -W AGE LEGISLATION---- GREAT BRITAIN.
179
In the second prosecution, that of a Nottingham middlewoman
for failure to pay wages at the minimum rates fixed by the lacefinishing trade board, the defendant was fined (£1 $4.87), with £1 Is.
($5.11) costs, the magistrates intimating that any future offense
would be dealt with severely.
The third prosecution was that of a box manufacturer in East
London for failure to pay wages to a female worker at the minimum
time rate fixed by the paper-box trade board (Great Britain). In this
case the defendant was fined £3 3s. ($15.33), with £5 5s. ($25.55)
costs, and was also ordered by the magistrate to pay the sum of 17s.
($4.14) to the worker.
The fourth prosecution was that of a man and his wife, who were
carrying on business as subcontractors (“ middle people” ) in the lacefinishing trade, for hindering an investigating officer. The man was
fined 10s. ($2.43) and his wife was acquitted with a caution, the
magistrates taking into account the poverty of the defendants.
The act has been in operation for barely three years and a half,
and a considerable portion of this time has necessarily been spent in
the preliminary work of establishing the trade boards. In the largest
of the trades affected (ready-made and wholesale bespoke tailoring)
the minimum rates for Great Britain have been obligatory only since
February 20, 1913, and in the next largest trade (paper and card
board box making) the minimum rates for female workers in Great
Britain have been obligatory only since September 12, 1912, while
the minimum time rates fixed for male workers have not yet been
made obligatory.1 In these circumstances it would appear to be
premature at tne present time to attempt to give an account of the
ultimate effects of the act on the trades to which it has been applied
OPINION OF BRITISH BOARD OF TRADE UPON OPERATION OF ACT.
The following list of questions concerning the operation of the
minimum-wage law in England was sent by the New York State
factory investigating commission to the Board of Trade at London:2
First. Does the minimum wage become the maximum ?
Second. How far are the unfit displaced by such legislation ?
Third. Do such laws tend to drive industry from the State ?
Fourth. Do they result in decreasing efficiency ?
In response the following statement was received:
I am directed by the Board of Trade to say that, as the trade boards
act has only been in operation for a comparatively short period, they
consider that it is as yet too early to express a definite judgment on
its indirect and ultimate results.
The Board are of opinion, however, that provisional replies, based
on the experience so far obtained of the working of the act, may be
given to the questions contained in your letter as follows:
(1)
The Board are not aware of any general tendency among
employers to reduce rates to the minimum allowed by law in cases
where higher rates have been paid in the past. On the contrary,
there is reason to suppose that the better organization of the wort1 These rates were made obligatory July 7,1913.
* Third Report of the New York State Factory Investigating Commission. Appendix III.
wage legislation, by Irene Osgood Andrews, pp. 243 and 244.
Minimum-
180
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
ers, which has been observed to have taken place in the trades to
which the act has been applied, tends to prevent the legal m in im u m
rate from becoming in fact the maximum.
(2) So far as the Board are aware, there has been no general dis
missal of workers as a result of the fixing of minimum rates; and
even where workers have been dismissed on this account, it has fre
quently been found that this has been due to misunderstanding of
the act and not to its actual provisions.
(3) The Board are not aware of any tendency on the part of manu
facturers to transfer their business to foreign countries, or, in cases
where lower minimum rates have been fixed for Ireland than for
Great Britain, to transfer their business from Great Britain to Ireland.
(4) There is no evidence in the possession of the Board to show
that the efficiency of workers has been reduced as a result of the
fixing of minimum rates of wages. On the contrary, there are indi
cations that in many cases the efficiency of the workers has been
increased. The fixing of minimum rates has also resulted in better
organization among the employers and in improvements in the equip
ment and organization of their factories.
At the hearings of the parliamentary committee appointed to con
sider the extension of the trade boards act to additional trades, Mr.
G. S. Barnes, second secretary to the Board of Trade, said July 3,
1913: 1“ I think you may take it that as a whole the working of the
trade boards act has been successful beyond what anybody imagined
possible. The employers as a whole are, I think, satisfied, and the
workers are satisfied. I believe that the employers as a whole are
anxious to pay rather higher wages than they have been paying in
some cases in the past, provided that they are protected against other
employers undercutting them.”
Speaking at the hearings before a similar committee, June 18, 1914,
Mr. J. D. Fitzgerald, counsel for the Board of Trade, said:2 “ Another
thing that weighs also with the Board of Trade is this, that the expe
rience they have had of trade boards that have been already set up
has been quite satisfactory. * * * Their action has been bene
ficial, and so far from injuring the trades, they have given satisfaction
alike to employers and employed.”
As an indication of the attitude of employers and employees toward
the trade boards act, it is significant that upon the Board of Trade’s
proposal to extend the act to apply to five additional trades in 1913
the proposal with reference to four of these trades was entirely unop
posed either by employers or employees. Upon this question of the
extension of the act to other trades Mr. Barnes stated3 that “ since
these trades have been scheduled we have had communications from
a large number of employers that they would like their particular
trade put in.”
1 Special Report from the Select Committee on the Trade Boards Act Provisional Orders Bill together
with the Proceedings of the Committee and the Minutes of Evidence. London, 1913. H. C. 209, p. 7.
2 Report and Special Report from the Select Committee on Trade Boards Act Provisional Order Bill,
together with the Proceedings of the Committee, Minutes of Evidence, and an Appendix. London, 1914.
H. C. 317, p. 3.
« Special Report from the Select Committee, etc., p. 8.
M INIM UM -W AGE LEGISLATION---- GREAT BRITAIN.
181
TYPICAL DETERM INATION OF A TRADE BOARD.1
Minimum rates fixed for those branches of the ready-made and wholesale bespoke tailoring
trade in Great Britain which are engagedin making garments to be worn by male persons?
In accordance with regulations made under section 18 of the above act by the
Board of Trade, and dated April 27,1910, the trade board established under the above
act for those branches of the ready-made and wholesale bespoke tailoring trade in
Great Britain which are engaged in making garments to be worn by male persons,
hereby give notice, as required by section 4 (3) of the above act, that they have fixed
the following minimum (or lowest) rates of wages:
Minimum-time Rates for Female Workers.
S e c t io n 1. The minimum (or lowest) time rates for female workers in those branches
of the ready-made and wholesale bespoke tailoring trade in Great Britain which are
engaged in making garments to be worn by male persons, shall (subject to the provi
sions of this notice as to female learners) be as follows, clear of all deductions:
(a) For female workers other than home workers, 3|d. (6.6 cents) an hour.
(b) For female home workers, 3Jd. (6.6 cents) an hour.
Learners.
S e c t io n 2. (a) In lieu of the above rates female .“ learners” (as hereinafter defined)
shall, subject to the provisions of this section, receive the following minimum or lowest
time rates clear of all deductions, that is to say:
Wages (per week) of learners commencing at—
15 and under
14 and under
16 and under
15 years of age. 16 years of age. 21 years of age. 21 years of age and over.
1
2
3
s. d.
3 0 ($0.73)
s. d.
3 8 ($0.89)
«. d.
5 2 ($1.26)
Second 6 months of employ
ment.
Third 6 months of employment.
4 6 ($1.10)
5 2 ($1.26)
6 9 ($1.64)
6 0 ($1.46)
7 3 ($1.76)
9 5 ($2.29)
Fourth 6 months of employ
ment.
Fifth 6 months of employment..
Sixth 6 months of employment.
Seventh 6 months of employ
ment.
Eighth 6 months of employ
ment.
7 3 ($1.76)
8 10 ($2.15)
12 6 ($3.04)
8 4 ($2.03)
9 5 ($2.29)
11 5 ($2.78)
10 11 ($2.66)
12 6 ($3.04)
First 6 months of employment..
4
First 3 months, 6s. 9d.
($1.64).
Second 3 months, 8s.
4d. ($2.03).
Third 3 months, 10s.
lid . ($2.66).
Fourth 3 months, 12s.
6d. ($3.04).
12 6 ($3.04)
(b) The minimum or lowest time rate for learners under 14 years of age shall be
3s. (73 cents) a week, and on reaching the age of 14 they shall be entitled to the
amounts shown in column 1 above as if they had commenced at 14.
(c) The learned rates are weekly rates based on a week of 50 hours, but they
shall be subject to a proportionate deduction or increase according as the number of
hours actually spent by the learner in the factory or workshop in any week is less or
more than 50.
(d) The advances to be given to learners shall be paid on the first pay days in
January and July, the learner being entitled to her first advance on the first of such
pay days following her entry into the trade, provided that she has been in the trade
at least three months.
1 Memorandum in reference to the working of the trade boards act presented to Parliament by the
Board of Trade May 27,1913 (H. C. 134), pp. 26-28.
* These rates have been mad** obligatory by an order o f the Board of Trade dated Feb. 20,1913.
182
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
(e)
A learner shall cease to be a learner and be entitled to the full minimum time
rate for a worker applicable to her under section 1 upon the fulfillment of the following
conditions:
Age of entering upon employ
ment.
Conditions.
Under 15 years of age...............
The completion of not less than 3 years' employment, and the attainment
of the age of 18 years.
15 and under 16 years of age___ The completion of not less than 2 years' employment, and the attainment
of the age of 18 years.
16 and under 21 years of age___ The completion of 2 years' employment.
21 years of age and over............ The completion of 1 year’s employment.
( /) No female learner shall be held to be entitled to the full minimum rate under
section 1 until she has attained the age of 18 years, notwithstanding any employment
she may have had.
(g) Any female who has been previously employed in any branch of the trade as
described in section 1 and has not held a certificate or certified copy certificate and
is subsequently taken on as a learner shall count the whole period of such previous
employment for the purpose of claiming the time rate at which she is to be paid, and
shall have such period of employment entered upon her certificate or certified copy.
S e c t io n 3 . The above rates shall apply to all female workers as specified above
who are employed during the whole or any part of their time in any branch of the ready
made and wholesale bespoke tailoring trade which is engaged in making garments to be
worn by male persons, but they shall not apply to any persons engaged merely as clerks,
messengers, stockroom assistants, warehouse assistants, saleswomen, travelers, packers,
parcelers, distributors, cleaners, or to any other persons whose work stands in a rela
tionship to the trade similar to that of the foregoing excluded classes.
S e c t io n 4 . A female learner is a worker who—
(a) Is employed during the whole or a substantial part of her time in learning any
branch or process of the trade by an employer who provides the learner with reasonable
facilities for Buch learning; and
(b) Has received a certificate or certified copy certificate issued in accordance
with rules from time to time laid down by the trade board and held subject to compli
ance with the conditions contained in this section, or has made an application therefor
which has been duly acknowledged and is still under consideration. The trade board
may, if any condition contained in this section is not in fact complied with, cancel the
original certificate, whereupon any copy thereof shall become canceled. Notice of
such cancellation shall forthwith be given to the learner and her employer.
Provided, That an employer may employ a female learner, on her first employment,
in the branch or branches of the trade as above described, without a certificate for a
probation period not exceeding four weeks, but in the event of such learner being con
tinued thereafter et her employment the probation period shall be included in her
period of learnership.
Provided, That notwithstanding compliance with the conditions contained in this
section a person shall not be deemed to be a learner if she works in a room used for
dwelling purposes and is not in the employment of her parent or guardian.
Minimum Time Rate for Male Workers.
S e c t io n A . The minimum (or lowest) time rates for male workers in those branches
of the ready-made and wholesale bespoke tailoring trade in Great Britain which are
engaged in making garments to be worn b y male persons shall (subject to the provi
sions of this notice as to male learners) be as follows clear of all deductions:
(1) For male workers other than home workers, 6d. (12.2 cents) an hour.
(2) For male home workers, 6d. (12.2 cents) an hour.
M INIM UM -W AGE LEGISLATION---- GREAT BRITAIN.
183
Learners.
S e c t io n B . (1) In lieu of the above rates male “ learners” (as hereinafter defined)
shall receive the following minimum or lowest time rates clear of all deductions; that
is to say:
When employed under 15 years of age, 4s. 2d. ($1.01) a week.
When employed at 15 and under 16 years of age, 6s. 3d. ($1.52) a week.
When employed at 16 and under 17 years of age, 8s. 4d. ($2.03) a week.
When employed at 17 and under 18 years of age, 11s. 6d. ($2.80) a week.
When employed at 18 and under 19 years of age, 14s. 7d. ($3.55) a week.
When employed at 19 and under 20 years of age, 17s. 8d. ($4.30) a week.
When employed at 20 and under 21 years of age, 19s. lOd. ($4.83) a week.
When employed at 21 and under 22 years of age, 21s. li d . ($5.33) a week.
Learners commencing employment in the tailoring trade at and over the age of 19
may serve a period of six months at 15s. 8d. ($3.81) per week and thereafter a period
of six months at 19s. lOd. ($4.83) per week. They shall then receive such rates as
their age may entitle them to under the foregoing provisions.
(2)
The learners’ rates are weekly rates based on a week of 50 hours, but they shall
be subject to a proportionate deduction or increase according as the number of hours
actually spent by the learner in the factory or workshop in any week is less or more
than 50.
S e c t io n C . The above rates shall apply to all male workers as specified above who
are engaged during the whole or any part of their time in any branch of the ready-made
and wholesale bespoke tailoring trade which is engaged in making garments to be worn
by male persons; but they shall not apply to any persons engaged merely as clerks,
messengers, stockroom assistants, warehouse assistants, salesmen, travelers, packers,
parcelers, distributors, mechanics, engineers, carpenters, cleaners, and to others whose
work stands in a relationship to the trade similar to that of the above-excluded classes.
S e c t io n D . A male learner is a worker who—
(1) Is employed during the whole or a substantial part of his time in learning any
branch or process of the trade by an employer who provides the learner with reason
able facilities for such learning; and
(2) Has received a certificate or certified copy certificate issued in accordance with
rules from time to time laid down by the trade board and held subject to compliance
with the conditions contained in this section, or has made an application therefor
which has been duly acknowledged and is still under consideration. The trade board
may, if any condition contained in this section is not in fact complied with, cancel the
original certificate, whereupon any copy thereof shall become canceled. Notice of
such cancellation shall forthwith be given to the learner and his employer.
Provided, That an employer may employ a male learner on his first employment in
the branch or branches of the trade as above described, without a certificate for a
probation period not exceeding four weeks, but in the event of such learner being
continued thereafter at his employment the probation period shall be included in his
period of learnership.
Provided, That notwithstanding compliance with the conditions contained in this
section a person shall not be deemed to be a learner if he works in a room used for
dwelling purposes and is not in the employment of his parent or guardian.
In totaling up any reckonings, in the aggregate arrived at when paying the rates
fixed hereunder, every fraction of a farthing shall count as a farthing.
The expression “ home worker” shall be held to mean a worker who works in his or
her own home or in any other place not under the control or management of the
employer.
TRADE BOARDS IN GERMANY.
The impression that wage boards had been established by law in
Germany would appear to be based upon the fact that under the home
workers' law of December 20, 1911, also sometimes called the sweat
shop law, provision is made for the establishment by the Federal
Council of so-called trade boards (Fachausschusse) for certain branches
of industry and certain localities in which home workers are employed.
If the use of this term suggests any powers and duties similar to
those imposed by law upon the British trade boards, the term is en
tirely misleading, for the German trade boards appear to be strictly
limited to investigatorial and educative work and to have abso
lutely no powers of enforcing any suggestion.
The boards, where established under the Federal authority, are to
report on the industrial and economic conditions prevalent in their
respective trades and districts. On the request of the State and com
munal authorities they are to give opinions on (1) the execution of
the law, and (2) the interpretation of agreements and existing usages
for the fulfillment of obligations between employers and home work
ers. The trade boards must also consider suggestions as to the con
ditions in their respective trades and districts, encourage plans for
improving such conditions, collect information as to the earnings of
home workers, render opinions and make suggestions as to the ade
quacy of such earnings, and encourage the formation of collective
agreements.
The boards are to consist of an equal number of representatives of
the employers and home workers concerned, together with a chair
man and two associates. The chairman must be neither an industrial
employer nor a home worker, and both he and the associates must
possess technical knowledge of the trade. If women are largely em
ployed as home workers, they must be proportionately represented
on the board. The State central authorities decide the number of
representatives. They also appoint the chairman, the associates, and,
after a hearing of the employers and home workers, one-half of their
representatives. The remaining half are chosen by a majority vote
of these appointed representatives. Additional regulations as to the
establishment and composition of the trade boards may be issued by
the Federal Council. The costs of the trade boards must be provided
for by the Federal States in whose territory they are created.
184
MINIMUM WAGE FOR FEMALE WORKERS IN FRANCE.1
The French Chamber of Deputies at its session of November 13,
1913, passed a bill relating to a compulsory minimum wage for female
home workers of the clothing industry. This bill proposes to intro
duce for the first time into French legislation the principle of a mini
mum wage and enlarges in a noteworthy manner the rights of tradeunions.
The most important provisions of the law are the following:
The law is applicable to all female home workers on clothing, in
cluding hats, shoes, lingerie, embroideries, laces, plumes, and artifi
cial flowers.
Each manufacturer, jobber, and middleman who gives out such
labor for home work must keep a register containing the names and
addresses of all female workers employed. He must post the piece
prices in the waiting rooms as well as in the rooms in which the raw
material is handed out and the finished goods are received.
Each female worker is to be furnished with a tablet or book on or
in which is to be entered the nature and quantity of the work, the
date, and the piece price. This price may not be lower than the one
posted. At the delivery of the goods there are to be entered the date,
the wages, and the costs borne by the worker. These entries are to
be made in duplicate.
The piece prices are to be computed in such a manner that a worker
of average ability may earn in 10 hours a wage equal to a minimum
determined upon for the occupation and locality by the labor coun
cilors, or, in their absence, by the industrial courts.
The labor councilors or the industrial courts shall determine this
minimum wage in such a manner that it shall in no instance be less
than two-thirds of the usual local wage paid for the same occupation
to female workers employed in shops. In localities where home work
exists exclusively, the wage received by female day laborers or that
of female workers employed at the same occupation in other com
parable localities shall be taken as a basis. The minimum wage de
termined upon in this manner shall serve as a basis for judgments by
the industrial courts in wage disputes submitted to them. The labor
council shall revise the minimum wage at least every three years.
The labor councilors may compile wage tables for the various kinds
of piecework. These tables are, however, not binding on the indus
1Arbeiter-Zeitung of Vienna, Nov. 21,1913.
185
186
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
trial courts in the same manner as the minimum wage. Represent
atives of the employers and workmen are to be called in at the
determination of the minimum wage by the industrial court. The
justice of the peace shall act as chairman.
The labor councilors and the industrial courts shall publish the
minimum wages and wage tables determined upon. If the Govern
ment, a trade-union, or a person interested in the trade, appeals
within three months against the determination, a central commis
sion in the department of labor, to which shall belong two members
of the labor council or industrial court which made the appealed
determination, two judges of industrial courts elected for three
years—of both these bodies a representative of the employers and
of the workmen—and a member of the supreme court as president,
shall have final jurisdiction. The minimum wage becomes compul
sory three months after its publication or after the decision of the
central commission.
The industrial courts shall be competent to decide all disputes aris
ing under this law. The difference between the wages paid and the
wages owed to the female worker on the basis of the minimum wage
must be paid to her without prejudice to damages which the employer
may be adjudged to pay. Each manufacturer, jobber, and middle
man is liable for nonpayment by his own fault of the minimum wage.
Associations authorized by decree of the department of labor, and
trade-unions of the clothing industry existing in a district, even if
composed entirely or in part of shop workers, may bring civil suit
for noncompliance with the present law without having to prove any
damage.
In case male workmen of the clothing industry who perform at
home the same work as female workers receive a lower wage than
the minimum determined upon for the matter, they may request
that the industrial court establish the same minimum for them as for
the female workers.
After a hearing of the supreme advisory labor council the above
provisions may by administrative order also be extended to other
trades.
TEXT OF MINIMUM WAGE LAWS.
CALIFORNIA.
ACTS OF 1913.
C h a p t e r 324.— An Act regulating the employment o f women and
minors and establishing an industrial welfare commission to investigate
and deal with such employment, including a minimum wage; pro
vidingfor an appropriation therefor and fixing a penalty for violations
of this act.
S ection 1. There is hereby established a commission to be known as Commission esthe Industrial Welfare Commission, hereinafter called the commission, tablished.
Said commission shall be composed of five persons, at least one of whom
shall be a woman, and all of whom shall be appointed by the governor
as follows: Two for the term of one year, one for the term of two years,
one for the term of three years, and one for the term of four years;
Provided, however, That at the expiration of their respective terms,
their successors shall be appointed to serve a full term of four years.
Any vacancies shall be similarly filled for the unexpired portion of
the term in which the vacancy shall occur. Three members of the
commission shall constitute a quorum. A vacancy on the commission
shall not impair the right of the remaining members to perform all the
duties and exercise all the powers and authority of the commission.
Sec. 2. The members of said commission shall draw no salaries but Per. 4iem of
all of said members shall be allowed $10 per diem while engaged in com ssloners*
the performance of their official duties. The commission may employ
a secretary, and such expert, clerical and other assistants as may be
necessary to carry out the purposes of this act, and shall fix the com- Employees,
pensation of sucn employees, and may, also, to carry out such pur
poses, incur reasonable and necessary office and other expenses,
including the necessary traveling expenses of the members of the
commission, of its secretary, of its experts, and of its clerks and other
assistants and employees. A ll employees of the commission shall
hold office at the pleasure of the commission.
S e c . 3. (a) It shall be the duty of the commission to ascertain the Commission to
wages paid, the hours and conditions of labor and employment in the i n v e s t i g a t e
various occupations, trades, and industries in which women and wages’
minors are employed in the State of California and to make investiga
tions into the comfort, health, safety and welfare of such women and
minors.
(6)
It shall be the duty of every person, firm or corporation employ
ing labor in this State:
1. To furnish to the commission, at its request, any and all reports Employers to
or information which the commission may require to carry out the furnish reports,
purposes of this act, such reports and information to be verified by
the oath of the person, or a member of the firm, or the president,
secretary, or manager of the corporation furnishing the same, if and
when so requested by the commission or any member thereof.
2. To allow any member of the commission, or its secretary, or any Commission to
of its duly authorized experts or employees, free access to the place of pf^® s a£ndSS re<>
business or employment of such person, firm or coloration for the ords.
purpose of making any investigation authorized b y this act, or to make
inspection of, or excerpts from, all books, reports, contracts, pay rolls,
documents, or papers, of such person, firm, or corporation relating to
the employment of labor and payment therefor by such person, firm
or corporation.
3. To keep a register of the names, ages, and residence addresses of
all women and minors employed.
188
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
(c) For the purposes of this act, a minor is defined to be a person of
either sex under the age of 18 years.
P relim inary
Sec. 4. The commission may specify times to hold public hearings,
hearings.
at which times, employers, employees, or other interested persons, may
appear and give testimony as to the matter under consideration. The
commission or any member thereof shall have power to subpoena
witnesses and to administer oaths. A ll witnesses subpcenaed by the
commission shall be paid the fees and mileage fixed by law in civil
cases. In case of failure on the part of any person to comply with any
order of the commission or any member thereof, or any subpoena, or
upon the refusal of any witness to testify to any matter regarding
which he may lawfully be interrogated before any wage board or the
commission, it shall be the duty of the superior court or the judge
thereof, on the application of a member of the commission, to compel
obedience in the same manner, by contempt proceedings or other
wise, that such obedience would be compelled in a proceeding pend
ing before said court. The commission shall have power to make and
enforce reasonable and proper rules of practice and procedure and
shall not be bound b y the technical rules of evidence.
Wage hoard.
^ Sec. 5. If, after investigation, the commission is of the opinion that,
in any occupation, trade, or industry, the wages paid to women and
minors are inadequate to supply the cost of proper living or the hours
or conditions of labor are prejudicial to the health, morals or welfare
of the workers, the commission may call a conference, hereinafter called
“ wage board,” composed of an equal number of representatives of em
ployers and employees in the occupation, trade, or industry in ques
tion, and a representative of the commission to be designated by it,
who shall act as the chairman of the wage board. The members of such
wage board shall be allowed $5 per diem and necessary traveling ex
penses while engaged in such conferences. The commission shall make
Rules for wage rules and regulations governing the number and selection of the mem•
bers and the mode of procedure of such wage board, and shall exercise
exclusive jurisdiction over all questions arising as to the validity of the
procedure and of the recommendations of such wage board. The pro
ceedings and deliberations of such wage board shall be made a matter
of record for the use of the commission, and shall be admissible as evi
dence in any proceedings before the commission. On request of the
F i n d i n g s of commission it shall be the duty of such wage board to report to the
wage board.
commission its findings, including therein:
1. An estimate of the minimum wage adequate to supply to women
and minors engaged in the occupation, trade or industry in question the
necessary cost of proper living and to maintain the health and welfare
of such women and minors.
2. The number of hours of work per day in the occupation trade or
industry in question, consistent with the health and welfare of such
women and minors.
3. The standard conditions of labor in the occupation, trade or indus
try in question, demanded by the health and welfare of such women
and minors.
Power to fix Sec. 6. (a) The commission shall have further power after a public
wages, etc.
hearing had upon its own motion or upon petition, to fix:
1. A minimum wage to be paid to women and minors engaged in any
occupation, trade or industry in this State, which shall not be less than
a wage adequate to supply to such women and minors the necessary
cost of proper living and to maintain the health and welfare of such
women and minors.
2. The maximum hours of work consistent with the health and wel
fare of women and minors engaged in any occupation, trade or industry
in this State: Provided, That the hours so fixed shall not be more than
the maximum now or hereafter fixed by law.
3. The standard conditions of labor demanded b y the health and
welfare of the women and minors engaged in any occupation, trade or
industry in this State.
Hearings upon
(&) Upon the fixing of a time and place for the holding of a hearing
determinations. f or
pUrp0ge 0f considering and acting upon any matters referred to
in subsection (a) hereof, the commission shall give public notice by
M INIM UM -W AGE LAWS---- CALIFORNIA.
189
advertisement in at least one newspaper published in each of the cities
of Los Angeles and Sacramento and in the city and county of San
Francisco, and b y mailing a copy of said notice to the county recorder
of each county in the State of such hearing and purpose thereof, which
notice shall state the time and place fixed for such hearing, which shall
not be earlier than 14 days from the date of publication and mailing of
such notices.
(c) After such public hearing, the commission may, in its discretion, Mandatory ormake a mandatory order to be effective in 60 days from the making of
s*
such order, specifying the minimum wage for women or minors in the
occupation in question, the maximum hours: Provided, That the hours
specified shall not be more than the maximum for women or minors in
California; and the standard conditions of labor for said women or minors:
Provided, however, That no such order shall become effective until after
April 1,1914. Such order shall be published in at least one newspaper
in each of the cities of Los Angeles and Sacramento and in the city and
county of San Francisco, and a copy thereof be mailed to the county
recorder of each county in the State, and such copy shall be recorded
without charge, and to the labor commissioner who shall send b y mail,
so far as practicable, to each employer in the occupation in question, a
copy of the order, and each employer shall be required to post a copy
of such order in the building in which women or minors affected by the
order are employed. Failure to mail notice to the employer shall not
relieve the employer from the duty to comply with such order. Find
ing b y the commission that there has been such publication and mail
ing to county recorders shall be conclusive as to service.
S e c . 7. Whenever wages, or hours, or conditions of labor have been so Reconsider amade mandatory in any occupation, trade or industry, the commission
orders,
may at any time in its discretion, upon its own motion or upon petition
of either employers or employees, after a public hearing held upon the
notice prescribed for an original hearing: rescind, alter, or amend any
prior order. A n y order rescinding a pnor order shall have the same
effect as herein provided for in an original order.
S e c . 8. For any occupation in which a minimum wage has been es- Special licenses,
tablished, the commission may issue to a woman physically defective
b y age or otherwise, a special license authorizing the employment of
such licensee, for a period of six months, for a wage less than such legal
minimum wage; ana the commission shall fix a special minimum wage
for such person. Any such license may be renewed for like periods of
six months.
Sec. 9. Upon the request of the commission, the labor commissioner Labor commisshall cause Buch statistics and other data and information to be gath- veSigatiOTls
ered, and investigations made, as the commission may require. The
cost thereof shall be paid out of the appropriations made for the ex
penses of the commission.
S e c . 10. Any employer who discharges, or threatens to discharge, Discrimination
or in any other manner discriminates against any employee because ef*
emp y
such employee has testified or is about to testify, or because such em
ployer believes that said employee may testify in any investigation or
proceedings relative to the enforcement of this act, shall be deemed
guilty of a misdemeanor.
S ec . 11. The minimum wage for women and minors fixed by said P e n a l t y f or
commission as in this act provided, shall be the minimum wage to be ffinmfiim wage!
paid to such employees, and the payment to such employees of a less
wage than the minimum so fixed shall be unlawful, and every employer
or other person who, either individually or as an officer, agent, or em
ployee of a corporation or other person, pays or causes to be paid to any
such employee a wage less than such minimum, shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished b y a fine
of not less than $50, or by imprisonment for not less than 30 days, or by
both such fine and imprisonment.
S e c . 12. In every prosecution for the violation of any provision of Prosecutions,
this act, the minimum wage established by the commission as herein
provided shall be prima facie presumed to be reasonable and lawful,
and to be the living wage required herein to be paid to women and
minors. The findings of fact made by the commission acting within
190
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
its powers shall, in the absence of fraud, be conclusive; and the deter
mination made by the commission shall be subject to review only in a
manner and upon the grounds following: Within 20 days from the
date of the determination, any party aggrieved thereby may commence
in the superior court in and for the city and county of San Francisco,
or in ana for the counties of Los Angeles or Sacramento, an action
against the commission for review of such determination. In such
action a complaint, which shall state the grounds upon which a review
is sought, shall be served with the summons. Service upon the secre
tary of the commission, or any member of the commission, shall be
deemed a complete service. The commission shall serve its answer
within 20 days after the service of the complaint. With its answer,
the commission shall make a return to the court of all documents and
papers on file in the matter, and of all testimony and evidence which
may have been taken before it, and of its findings and the determina
tion. The action may thereupon be brought on for hearing before the
court upon such record by either party on 10 days’ notice of the other.
Upon such hearing, the court may confirm or set aside such determi
nation; but the same shall be set aside only upon the following grounds:
Grounds for set(l) That the commission acted without or m excess of its powers.
(2) That the determination was procured by fraud.
minations. deter'
Upon the setting aside of any determination the court may recommit
the controversy and remand the record in the case to the commission
for further proceedings. The commission, or any party aggrieved, by
a decree entered upon the review of a determination, may appeal there
from within the time and in the manner provided for an appeal from
the orders of the said superior court,
S ec . 13. Any employee receiving less than the legal minimum wage
Right to recover.
applicable to such employee shall be entitled to recover in a civil ac
tion the unpaid balance of the full amount of such minimum wage,
together with costs of suit, notwithstanding any agreement to work for
such lesser wage.
Complaints.
Sec. 14. Any person may register with the commission a complaint
that the wages paid to an employee for whom a living rate has been
established, are less than that rate, and the commission shall investi
gate the matter and take all proceedings necessary to enforce the pay
ment of a wage not less than the living wage.
Reports.
S ec . 15. The commission shall biennially make a report to the gov
ernor and the State legislature of its investigations ana proceedings.
S e c . 16. There is hereby appropriated annually out of the moneys
of the State treasury, not otherwise appropriated, the sum of $15,000,
to be used by the commission in carrying out the provisions of this act,
and the controller is hereby directed from time to time to draw his
warrants on the general fund in favor of the commission for the amounts
expended under its direction, and the treasurer is hereby authorized
and directed to pay the same.
S e c. 17. The commission shall not act as a board of arbitration durin g a strike or lockout.
Sec. 18. (a) Whenever this act, or any part or section thereof, is
interpreted by a court, it shall be liberally construed by such court.
( b) If any section, subsection, or subdivision of this act is for any
reason held to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this act. The legislature hereby
declares that it would have passed this act, and each section, subsec
tion, subdivision, sentence, clause, and phrase thereof, irrespective
of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, or phrases is declared unconstitutional.
Appropriation.
Ar b i t r a t i o n
kSkout f o r b i d -
den.
Constitutional-
ity of act.
Scope of act.
Sec. 19. The provisions of this act shall apply to and include women
and minors employed in any occupation, trade or industry, and whose
compensation for labor is measured by time, piece or otherwise.
Approved May 26,1913.
M INIM UM -W AGE LAWS— CALIFORNIA.
191
C O NSTITU T IO N AL AM END M ENT AD OPTED N O VE M B ER 3,
1914.
S ection 17}. The legislature may, by appropriate legislation, provide
for the establishment of a minimum wage for women and minors and
may provide for the comfort, health, safety and general welfare of any
ana all employees. No provision of m is constitution shall be construed
as a limitation upon the authority of the legislature to confer upon any
commission now or hereafter created, such power and authority as the
legislature may deem requisite to carry out the provisions of this section.
COLORADO.
ACTS OF 1913.
C h a pter 110.— An Act providing for the determination o f minimum
wagesfor women and minors.
S ection 1. There is hereby created a State wage board, to be com- Wag® board esposed of three members, at least one of whom shall be a representative tablislie<1*
of labor, at least one of whom shall be a woman, and one of whom shall
be an employer of labor. The members of said board shall be ap
pointed by the governor immediately upon the taking effect of this act,
and the term of existence of said board shall be for two years. #
S e c . 2. I t shall be the duty of the wage board to inquire into the Board to inveswages paid to female employees above the age of 18 years and minor cSt of livfng.
employees under 18 years of age in any mercantile, manufacturing,
laundry, hotel, restaurant, telephone, or telegraph business in this
State, if the board or any member of it may have reason to believe the
wages paid any such employees are inadequate to supply the necessary
cost of living, maintain them in health, and supply the necessary com
forts of life. The wage board shall also inquire into the cost of living
in the locality or localities in which the business is carried on and shall
take into consideration the financial condition of the business and the
probable effect thereon of any increase in the minimum wage paid in
different localities, which inquiry and investigation shall be held in
the locality affected. After such investigation it shall be the duty of M in i in u m
the wage board to fix the minimum wage, whether by time rate or piece wages
rate, suitable for the female employees over 18 years of age in such
business or in any or all of the branches thereof and also a suitable
minimum wage for minors under 18 years of age employed in the said
business. When two or more members of the wage board shall agree
upon a minimum-wage determination, the board shall give public
notice, by advertisement published once in a newspaper of general cir
culation in the county or counties in which any such business so
affected is located, declaring such minimum-wage determination or
determinations and giving notice of a public hearing thereon to be H e a r i n g s on
heard in the town or city nearest the place wherein the inadequate wage
r
is found to exist; said nearing to be neld not earlier than 30 days from
the date of such publication. A copy of such notice shall also be
mailed to the person, association or corporation engaged in the business
affected. After such public hearing or after the expiration of the 30
days, provided no public hearing is demanded, the wage board shall Obligatory orissue an obligatory order to be effective in 60 days from the date of said
s*
order specifying the minimum wages for women or minors, or both, in
the occupation affected or any branch thereof, and after such order is
effective, it shall be unlawful for any employer in said occupation to
employ a female over 18 years of age or a minor under 18 years of age
for less than the rate of wages specified for such female or minor. # The
order shall be published once in a newspaper of general circulation in
the county or counties in which any such business affected is located,
and a copy of the order ahall be sent by mail to the person, association,
or corporation engaged in said business; and each such employer shall
be required to post a copy of said order in a conspicuous place in each
building in which women or minors affected by the order are employed.
192
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Power of board
S ec . 3. The board shall, for the purposes of this act, have the power
ne^es^tc?** W to subpoena witnesses and compel their attendance, to administer
'
’
oaths, and examine witnesses under oath, and to compel the produc
tion of papers, books, accounts, documents and records. If any per
son shall fail to attend as a witness when subpoenaed by the board or
shall refuse to testify when ordered so to do, the board may apply to
any district court or county court to compel obedience on the part of
such person and such district or county court shall thereupon compel
obedience b y proceedings for contempt as in case of disobedience of
any order of said court.
P a y m en t of
S ec . 4. Each witness who shall appear before the board by order of
witnesses.
the board shall receive for his attendance the fees and mileage now pro
vided for witnesses in civil cases in the district courts of the State.
Record of pro- Sec. 5. A full and complete record shall be kept of all testimony
ceedings.
taken by, and of all proceedings had before the board.
Appeal from org Ec. 6. Any employer , employee, or other person directly affected
s 01 board.
any or(j er of the board fixing and determining a minimum wage in
any occupation or industry, shall have the right of appeal from such
order to the district court of the State on the ground that such order is
unlawful or unreasonable. The evidence considered upon such appeal
shall be confined to the evidence presented to the board in the case
from the decision in which the appeal is taken, and the order of the
board shall remain in full force ana effect until such order is reversed
or set aside b y the district court. In all proceedings in the district
court the district attorney shall appear for the board. In all proceed
ings in the supreme court the attorney general shall appear for the board.
Penalty for vio- Sec. 7. Any person or partnership or corporation employing any
of act.
female person above the age of 18 years at less than the minimum wage
fixed for such persons by this board, and any person, partnership or
corporation employing any person of either sex under the age of 18
years at less, than the minimum wage fixed for such persons by this
board, or violating any other provisions of this act shall be deemed
guilty of a misdemeanor and shall, upon conviction thereof, be punished
by a fine of not more than $100 for each offense, or by imprisonment in
the county jail for not more than three months or by both fine and
imprisonment.
Discrimination
gEC> g. Any employer who discharges or in any other manner disagainst employ- criminates against any employee because such employee has testified,
or is about to testify, or because such employer believes that said em
ployee may testify, in any investigation or proceeding relative to the
enforcement of this act, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be punished b y a fine of $25 for each
such misdemeanor.
Sec. 9. Justices of the peace shall have, according to law, jurisdic
tion within their respective counties of all offenses arising under the
provisions of this act.
Right to re- s Ec. 10. If any employee shall receive less than the minimum wage
cover*
fixed b y this board for employees in the occupation in which said per
son is employed, he or she shall be entitled to recover in a civil action,
the full amount which would have been due said employee if the mini
mum wage fixed by the board had been paid, together with costs and
attorney fees to be fixed by the court, notwithstanding any agreement
to work for such lower wage. In such action, however, the employer
shall be credited with any wages which have been paid said employee.
SpedaMcenses.
Sec. 11. For any occupation in which a minimum-time rate only has
been established, the wage board may issue to any female over the age
of 18, physically defective, a special license authorizing the employ
ment of such licensee for a wage less than the legal minimum wage:
Provided, It is not less than the special minimum wage fixed for said
person.
P a y m e n t of
S ec . 12. The wage board shall, b y and with the consent of the govexpenses. a
emor, appoint a secretary who may, or may not be a member of the
board and who shall give his entire time to the duties of the office,
whose salary shall be $1,200 per annum, payable monthly. ^ The mem
bers of said wage board and the secretary thereof shall be paid all neces
sary traveling and incidental expenses actually incurred in the per
formance of their official duties, not to exceed $1,300 per annum. The
M INIM UM-W AGE LAWS— COLORADO.
board of capitol managers shall provide a suitable room for the use of
of said wage board and its secretary. There is hereby appropriated
for the payment of the aforesaid salary and expenses, out of any moneys
in the State treasury not otherwise appropriated for other ordinary
expenses of the departments of the State, the sum of $5,000; and the
auditor of state is hereby authorized and directed to draw his war
rants on said fund upon certified vouchers of the chairman of said
board attested by its secretary.
S ec . 13. The board shall, within 30 days after the convening of the
twentieth general assembly, make a report to the governor ana to the
general assembly of its investigations and proceedings during the period
of its existence, up to and including November 30, 1914.
S e c . 14. A ll acts or parts of acts in conflict with any of the provisions
of this act are hereby repealed.
Approved May 14, 1913.
193
Report,
MASSACHUSETTS.
ACTS OF 1912.
C h a p t e r 706.—An Act to establish the minimum wage commission and
to provide for the determination of minimum wages for women and
minors.
S ection 1. There is hereby established a commission to be known as Commission esthe Minimum Wage Commission. It shall consist of three persons, one
of whom may be a woman, to be appointed by the governor, with the
advice and consent of the council. One of the commissioners shall be
designated by the governor as chairman. The first appointments shall
be made within 90 days after the passage of this act, one for a term
ending October 1,1913, one for a term ending October 1,1914, and one
for a term ending October 1, 1915; and beginning with the year 1913,
one member shall be appointed annually for the term of three years
from the 1st day of October and until his successor is qualified. Any
vacancy that may occur shall be filled in like manner for the unexpired
part of the term.
S e c . 2. Each commissioner shall be paid $10 for each day’s service, P a y m e n t of
in addition to the traveling and other expenses incurred in the per- ^ “ ^ p enses.6rS
formance of his official duties. The commission may appoint a secre
tary, who shall be the executive officer of the board and to whose
appointment the rules of the civil service commission shall not apply.
I t shall determine his salary, subject to the approval of the governor
and council. The commission may incur other necessary expenses
not exceeding the annual appropriation therefor, and shall be provided
with an office in the statehouse or in some other suitable building in
the city of Boston.
S ec . 3. I t shall be the duty of the commission to Inquire into the Commfesion to
wages paid to the female employees in any occupation in the Commong
6
wealth, if the commission has reason to believe that the wages paid to
a substantial number of such employees are inadequate to supply the
necessary cost of living and to maintain the worker in health.
S ec . 4. If after such investigation the commission is of the opinion Wage board,
that in the occupation in question the wages paid to a substantial num
ber of female employees are inadequate to supply the necessary cost
of living and to maintain the worker in health, the commission shall
establish a wage board consisting of not less than six representatives of
employers in the occupation in question and an equal number of per
sons to represent the female employees in said occupation, and of one
or more disinterested persons appointed by the commission to repre
sent the public, but the representatives of the public shall not exceed
one-half of the number of representatives of either of the other parties.
The commission shall designate the chairman from among the repre- bo?_^es for wage
sentatives of the public, and shall make rules and regulations govern
ing the selection of members and the modes of procedure of the boards,
and shall exercise exclusive jurisdiction over all questions arising with
reference to the validity of the procedure and of the determinations of
82843°— Bull. 167— 15------- 13
194
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
the boards. The members of wage boards shall be compensated at the
same rate as jurors; they shall be allowed the necessary traveling and
clerical expenses incurred in the performance of their duties, these
payments to be made from the appropriation for the expenses of the
commission.
Duties of wage
Sec. 5 (as amended by ch. 673, Acts of 1913). The commission may
boar *
transmit to each wage board all pertinent information in its possession
relative to the wages paid in the occupation in question. Each wage
board shall take into consideration the needs of the employees, the
financial condition of the occupation and the probable effect thereon
of any increase in the minimum wages paid, and shall endeavor to
determine the minimum wage, whether by time rate or piece rate,
suitable for a female employee of ordinary ability in the occupation in
question, or for any or all of the branches thereof, and also suitable
minimum wages for learners and apprentices and for minors below the
age of 18 years. When a majority of the members of a wage board
shall agree upon minimum-wage determinations, they shall report such
determinations to the commission, together with the reasons therefor
and the facts relating thereto.
Commission to
Sec. 6 (as amended by ch.673, Acts of 1913). Upon receipt of a report
nations of beards" ^rom a wa£ e board, the commission shall review the same, and may
*
approve any or all of the determinations recommended, or may disap
prove any or all of them, or may recommit the subject to the same or
to a new wage board. If the commission approves any or all of the de
terminations of the wage board it shall, after not less than 14 days’ notice
to employers paying a wage less than the minimum wage approved, give
a public "hearing to such employers, and if, after such public hearing,
the commission finally approves the determination, it shall enter a
decree of its findings and note thereon the names of employers, so far as
they may be known to the commission, who fail or refuse to accept
such minimum wage and to agree to abide b y it. The commission
shall thereafter publish in at least one newspaper in each county of the
Commonwealth a summary of its findings and of its recommendations.
It shall also at such times and in such manner as it shall deem ad
visable publish the facts, as it may find them to be, as to the accept
ance of its recommendations by the employers engaged in the industry
Publication of to which any of its recommendations relate, and may publish the
names of employ- n a m es 0f employers whom it finds to be following or refusing to follow
such recommendations. An employer who files a declaration under
oath in the supreme judicial court or the superior court to the effect
that compliance with the recommendation of the commission would
render it impossible for him to conduct his business at a reasonable
Court review, profit shall be entitled to a review of said recommendation by the
court under the rules of equity procedure. The burden of proving
the averments of said declaration shall be upon the complainant. If,
after such review, the court shall find the averments of the declaration
to be sustained, it may issue an order restraining the commission from
publishing the name of the complainant as one who refuses to comply
with the recommendations of the commission. But such review, or
any order issued by the court thereupon, shall not be an adjudication
affecting the commission as to any employer other than the complain
ant, and shall in no way affect the right of the commission to publish
the names of those employers who do comply with its recommenda
tions. The type in which the employers’ names shall be printed shall
not be smaller than that in which the news matter of the paper is
printed. The publication shall be attested by the signature of at
least a majority of the commission.
Wage report to
Sec. 7. In case a wage board shall make a recommendation of a wage
legislature.
determination in which a majority but less than two-thirds of the mem
bers concur, the commission, in its discretion, may report such recom
mendation and the pertinent facts relating thereto to the general court.
R e c o n sid e ra gEc. 8. Whenever a minimum-wage rate has been established in any
of rates.
occupation, the commission may, upon petition of. either employers or
employees, reconvene the wage board or establish a new wage board,
and any recommendation made by such board shall be dealt with in
the same manner as the original recommendation of a wage board.
M INIM UM-W AGE LAWS---- MASSACHUSETTS.
195
S e c . 9. For any occupation in which a minimum-time rate only has Special licenses,
been established, the commission may issue to any woman physically
defective a special license authorizing the employment of the licensee
for a wage less than the legal minimum wage: Provided, That it is not
less than the special minimum wage fixed for that person.
S e c . 10. The commission may at any time inquire into the wages M i n i m u m
paid to minors in any occupation in which the majority of employees are wages for minors*
minors, and may, after giving public hearings, determine minimum
wages suitable for such minors. When the commission has made such
a determination, it may proceed in the same manner as if the determina
tion had been recommended to the commission by a wage board.
S ec . 11. Every employer of women and minors shall keep a register Registers of emof the names and addresses of all women and minors employed by him, ^p^.ees to be
and shall on request permit the commission or any of its members or
agents to inspect the register. The commission shall also have power Power of comto subpoena witnesses, administer oaths and take testimony, and t o iSewitaessesand
examine such parts of the books and records of employers as relate to records,
the wages paid to women and minors. Such witnesses shall be sum
moned in the same manner and be paid from the treasury of the Com
monwealth the same fees as witnesses before the superior court.
Sec. 12. Upon request of the commission, the director of the bureau Bureau of sta-
of statistics shall cause such statistics and other data to be gathered as ^ ta f t0 gather
the commission may require, and the cost thereof shall be paid out of
the appropriation made for the expenses of the commission.
S ec . 13 (as amended by ch. 673, Acts of 1913). Any employer who Di s c r i mi n a discharges or in any other manner discriminates against any employee pWeesf11181* em"
because such employee has testified, or is about to testify, or because
the employer believes that the employee may testify, in any investiga
tion or proceeding relative to the enforcement of this act, shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than $200 and not more than $1,000 for
each offense.
S ec . 14. The commission shall from time to time determine whether Publication of
employers in each occupation investigated are obeying its decrees, and erTvLlatiS?1^
shall publish in the manner provided in section 6, the name of any em- crees.
ployer whom it finds to be violating any such decree.
Sec. 15. Any newspaper refusing or neglecting to publish the find- P e n a l t y for
ings, decrees, or notices of the commission at its regular rates for the ^ w spapersrefus-
space taken shall, upon conviction thereof, be punished by a fine of not names,
less than $100 for each offense.
Sec. 16. No member of the commission and no newspaper publisher, Nonliability for
proprietor, editor or employee thereof, shall be liable to an action for
ges>
damages for publishing the name of any employer in accordance with
the provisions of this act, unless such publication contains some willful
misrepresentation.
S ec . 17. The commission shall annually, on or before the first Wednes- Reports of comday in January, make a report to the general court of its investigations nU3Slon*
and proceedings during the preceding year.
S e c . 18. This act shall take effect on the 1st day of July in the year Act in effect.
1913.
Approved June 4, 1912.
MINNESOTA.
ACTS OF 1913.
C h a p t e r 547 .—An Act to establish a minimum wage commission, and to
provide for the determination and establishment of minimum wages for
women and minors,
S ection 1. There is hereby established a commission to be known as
the Minimum Wage Commission. It shall consist of three persons, one
of whom shall be the commissioner of labor who shall be the chairman
of the commission, the governor shall appoint two others, one of whom
shall be an employer of women, and the third shall be a woman, who
shall act as secretary of the commission. The first appointments shall
be made within 60 days after the passage of this act for a term ending
Commission es-
196
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
January 1, 1915. Beginning with the year 1915 the appointments
shall be for two years from the 1st day of January and until their suc
cessors qualify. Any vacancy that may occur shall be filled in like
manner for the unexpired portion of the term.
Commission to Sec. 2. The commission may at its discretion investigate the wages
wa&e&s t lg a
paid to women and minors in any occupation in the State. A t the re
quest of not less than 100 persons engaged in any occupation in which
women and minors are employed, the commission shall forthwith make
such investigation as herein provided.
Employers to S ec . 3. Every employer o f women and minors shall keep a register of
wages amfhours
i19-11168 and addresses of and wages paid to all women and minors
* employed by him, together with number of hours that they are em
ployed per day or per week; and every such employer shall on request
permit the commission or any of its members or agents to inspect such
register.
P u b l i c hear- S ec . 4. The commission shall specify times to hold public hearings
subpoena™ t0
employers, employees, or other interested persons may appear
and give testimony as to wages, profits and other pertinent conditions
of the occupation or industry. The commission or any member thereof
shall have power to subpoena witnesses, to administer oaths, and to com
pel the production of books, papers, and other evidence. Witnesses
subpoenaed by the commission may be allowed such compensation for
travel and attendance as the commission may deem reasonable, to an
amount not exceeding the usual mileage and per diem allowed by our
courts in civil cases.
W h e n miniS e c . 5. If after investigation of any occupation the commission is of
beestabfIhe^USt opinion that the wages paid to one-sixth or more of the women or minors
employed therein are less than living wages, the commission shall
forthwith proceed to establish legal minimum rates of wages for said
occupation, as hereinafter described and provided.
Minimum
S ec . 6. The commission shall determine the minimum wages suffiWon^kectly111^ c*ent for living wages for women and minors of ordinary ability, and
board.
also the minimum wages sufficient for living wages for learners and
apprentices. The commission shall then issue an order, to be effective
30 days thereafter, making the wages thus determined the minimum
wages in said occupation throughout the State, or within any area of the
State if differences in the cost of living warrant this restriction. A
copy of said order shall be mailed, so far as practicable, to each em
ployer affected; and each such employer shall be required to post such
a reasonable number of copies as the commission may determine in
each building or other work place in which affected workers are em
ployed. The original order shall be filed with the commissioner of
labor.
Advisory
S ec . 7. The commission may at its discretion establish in any occupaDoard.
tion an advisory board which shall serve without pay, consisting of not
less than 3 nor more than 10 persons representing employers, and an
equal number of persons representing the workers in said occupation,
and of one or more disinterested persons appointed by the commission
to represent the public; but the number of representatives of the
public shall not exceed the number of representatives of either of the
other parties. A t least one-fifth of the membership of any advisory
board shall be composed of women, and at least one of the representa
tives of the public shall be a woman. The commission shall make
Rules for advi- rules and regulations governing the selection of members and the modes
sory board.
0f procedure of the advisory boards, and shall exercise exclusive juris
diction over all questions arising with reference to the validity of the
procedure and determination of said boards: Provided, That the selec
tion of members representing employers and employees shall be, so far
as practicable, through election by employers and employees respec
tively.
p°wer of advigEc. 8. Each advisory board shall have the same power as the comsory board.
mission to subpoena witnesses, administer oaths, and compel the pro
duction of books, papers, and other evidence. Witnesses subpoenaed
by an advisory board shall be allowed the same compensation as when
A d v i s o r y subpoenaed by the commission. Each advisory board shall recom
mend m i n i m i mend to the commission an estimate of the minimum wages, whether
wage.
by time rate or by price [piece] rate, sufficient for living wages for
M INIM UM -W AGE LAWS— MINNESOTA.
197
women and minors of ordinary ability, and an estimate of the mini
mum wages sufficient for living wages for learners and apprentices. A
majority of the entire membership of an advisory board shall be nec
essary and sufficient to recommend wage estimates to the commission.
S e c . 9. Upon receipt of such estimates of wages from an advisory Commission to
board, the commission shall review the same, and if it approves them
SSnwffn
shall make them the minimum wages in said occupation, as provided wages,
in section 6. Such wages shall be regarded as determined b y the com
mission itself and the order of the commission putting them into effect
shall have the same force and authority as though the wages were de
termined without the assistance of an advisory board.
S ec . 10. All rates of wages ordered by the commission shall remain Reconsiderain force until new rates are determined and established by the comrates.
mission. A t the request of approximately one-fourth of the employers
or employees in an occupation, the commission must reconsider the
rates already established therein and may, if it sees fit, order new
rates of minimum wages for said occupation. The commission may
likewise reconsider old rates and order new minimum rates on its own
initiative.
S ec . 11. For any occupation in which a minimum-time rate of wages Special licenses,
only has been ordered the commission may issue to a woman physically
defective a special license authorizing her employment at a wage less
than the general minimum ordered in said occupation; and the com
mission may fix a special wage for such person: Provided, That the
number of such persons shall not exceed one-tenth of the whole num
ber of workers in any establishment.
S ec . 12. Every employer in any occupation is hereby prohibited Employment
from employing any worker at less than the living wage or minimum
wage^rowage as defined in this act and determined in an order of the commis- hibited.
sion; and it shall be unlawful for any employer to employ any worker at
less than said living or minimum wage.
S ec . 13. It shall likewise be unlawful for any employer to discharge Di s c r i mi naor in any manner discriminate against any employee because such pWeefainst em“
employee has testified, or is about to testify, or because such employer
believes that said employee is about to testify, in any investigation or
proceeding relative to the enforcement of this act.
S e c . 14. Any worker who receives less than the minimum wage Right to re
ordered by the commission shall be entitled to recover in civil action cover*
the full amount due as measured by said order of the commission, to
gether with costs and attorney’s fees to be fixed by the court, not
withstanding any agreement to work for a lesser wage.
S ec . 15. The commission shall enforce the provisions of this act, Commission to
and determine all questions arising thereunder, except as otherwise enforce act*
herein provided.
S e c . 16. The commission shall biennially make a report of its work Reports,
to the governor and the State legislature, and such reports shall be
printed and distributed as in the case of other executive documents.
S e c . 17. The members of the commission shall be reimbursed for P a y m e n t of
traveling and other necessary expenses incurred in the performance of exposes
&nd
their duties on the commission. The woman member shall receive a
salary of $1,800 annually for her work as secretary. All claims of the
commission for expenses necessarily incurred in the administration of
this act, but not exceeding the annual appropriation hereinafter
provided, shall be presented to the State auditor for payment by
warrant upon the State treasurer.
S e c . 18. There is appropriated out of any money in the State treas- Appropriation,
ury not otherwise appropriated for the fiscal year ending July 31, 1914,
the sum of $5,000, and for the fiscal year endmg July 31, 1915, the sum
of $5,000.
S ec . 19. Any employer violating any of the provisions of this act Penalty for vioshall be deemed guilty of a misdemeanor and upon conviction thereoflation of act*
shall be punished for each offense by a fine of not less than $10 nor more
than $50 or by imprisonment for not less than 10 nor more than 60 days.
S e c . 20. Throughout this act the following words and phrases as used Definition of
herein shall be considered to have the following meanings respectively, termsunless the context clearly indicates a different meaning in the connec
tion used:
198
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
(1) The terms “ living wage” or “ living wages” shall mean wages
sufficient to maintain the worker in health and supply him with the
necessary comforts and conditions of reasonable life; and where the
words “ minimum wage ” or “ minimum wages” are used in this act, the
same shall be deemed to have the same meaning as “ living wage” or
“ living wages*.”
(2) The term “ rate” or “ rates” shall mean rate or rates of wages.
(3) The term “ commission” shall mean the minimum wage com
mission.
(4) The term “ woman” shall mean a person of the female sex 18
years of age or over.
(5) The term “ minor” shall mean a male person under the age of 21
years, or a female person under the age cf 18 years.
(6) The terms “ learner” and “ apprentice” may mean either a
woman or a minor.
(7) The terms “ worker” or “ employee” may mean a woman, a
minor, a learner, or an apprentice, who is employed for wages.
(8) The term “ occupation ” shall mean any business, industry, trade,
or branch of a trade in which woman or minors are employed.
S e c . 21. This act shall take effect and be in force from and after its
passage.
Approved Apiil 26, 1913.
NEBRASKA.
ACTS OF 1913.
C h a p t e r 2 1 1 .—An
Act to establish a minimum wage commission and
providefor the determination of minimum wagesfor women and minors.
Commission es-
S e c t io n 1. There is hereby established a commission to be known
as the Nebraska Minimum Wage Commission. The governor is hereby
made a member of said commission. Within 30 days from the passage
and approval of this act he shall appoint the following additional
members: Deputy commissioner of labor; a member of the political
science department of the University of Nebraska; one other member
who shall be a citizen of the State. A t least one member of said com
mission shall be a woman. Each of the above appointments shall be
for a period of two years and may be renewed thereafter. Any vacancy
occurring in the commission shall be filled by the governor. Within
10 days after such appointment the commission shall meet and organize
by the election of a chairman and secretary.
Payment of exSec. 2. Each commissioner shall be paid all traveling and other exsionSeSofcommls" penses incurred in the performance of his or her official duties. The
commission may incur other necessary expenses not exceeding the
biennial appropriation therefor and shall be provided with an office
in the statehouse or at the State university.
S e c . 3. It shall be the duty of the commission to inquire into the
6 wa&es Paid to the female employees in any occupation in the Common
wealth, if the commission has reason to believe that the wages paid to
a substantial number of such employees are inadequate to supply the
necessary cost of living and to maintain the worker in health.
Wage board.
S e c . 4 . If after such investigation the commission is of the opinion
that in the occupation in question the wages paid to a substantial
number of female employees are inadequate to supply the necessary
cost of living and to maintain the worker in health, the commission
shall establish a wage board consisting of not less than three representa
tives of employers in the occupation in question and of an equal number
of persons to represent the female employees in said occupation, and
in addition thereto the three appointed members of the commission to
represent the public. The chairman of the commission shall be chair
man of the wage board and shall make rules and regulations governing
the procedure of the board and exercise jurisdiction over all questions
arising with reference to the validity of the procedure and the deter
minations of the board. The secretary of the commission shall be
secretary of the wage board and keep such record of hearings and argu
ments as the wage board shall direct. The members of wage boards
Commission to
wages.S
M INIM UM-W AGE LAWS— NEBRASKA.
shall be compensated at the same rate as jurors in district courts; they
shall be allowed necessary traveling and other expenses incurred in
the performance of their duties, these payments to be made from the
appropriation for the expenses of the commission.
S ec . 5. The commission may transmit to each wage board all per- Duties of wage
tinent information in its possession relative to the wages paid in the
'
occupation in question. Each wage board shall take into consideration
the needs of the employees, the financial condition of the occupation
and the probable effect thereon of any increase in the minimum wages
paid, and shall endeavor to determine the minimum wage, whether Dy
time rate or piece rate, suitable for a female employee of ordinary
ability in the occupation in question, or for any or all of the branches
thereof, and also suitable minimum wages for learners and appren
tices and for minors below the age of 18 years. When two-thirds of
the members of a wage board shall agree upon minimum wage deter
minations, they shall report such determinations to the commission,
together with the reasons therefor and the facts relating thereto, and
also the names, so far as they can be ascertained by the board, of em
ployers who pay less than the minimum wage so determined.
S ec . 6. Upon receipt of a report from a wage board, the commission Commission to
shall review the same, and report its review to the governor. If the nations of board!
commission approves any or all of the determinations of the wage
board it shall, after not less than 30 days’ notice to employers paying
a wage less than the minimum wage approved, give a public nearing
to such employers, and if, after such public hearing, the commission
finally approves the determination, it shall enter a decree of its find
ings and note thereon the names of employers, so far as they may be
known to the commission, who fail or refuse to accept such minimum
wage and to agree to abide by it. The commission shall, within 30 Publication of
days thereafter, publish the names of all such employers in at least one er^myin^ iess
newspaper in each county in the Commonwealth, together with the than minimum,
material part of its findings, and a statement of the minimum wages
paid by every such employer. Any employer upon filing a declara
tion under oath in the district court to the effect that compliance
with such decree would endanger the prosperity of the business to
which the same is made applicable, shall be entitled to a stay of execu
tion of such decree, and a review thereof with reference to the question
involved in such declaration. Such review shall be made by the Court review,
court under the rules of equity procedure, and if it shall be found by
the court that compliance with such decree is likely to endanger the
prosperity of the business to which the same is applicable, then an
order shall issue from said court revoking the same. The type in
which the employers’ names shall be printed shall not be smaller
than that in which the news matter o f the paper is printed. The
publication shall be attested by the signature of at least a majority of
the commission.
S e c . 7 . In case a wage board shall make a recommendation of a
Wage report to
wage determination in which a majority, but less than two-thirds, of gls
the members concur, the commission, in its discretion, may report
such recommendation and the pertinent facts relating thereto to the
legislature.
Sec. 8. Whenever a minimum-wage rate has been established in any
occupation, the commission may, upon petition of either employers
or employees, reconvene the wage board or establish a new wage
board; and any recommendation made by such board shall be dealt
with in the same manner as the original recommendation of a wage
board.
Sec. 9. For any occupation in which a minimum-time rate only has
been established, the commission may issue to any woman physically
defective a special license authorizing the employment of the licensefe]
for a wage less then the legal minimum wage: Provided, That it is not
less than the special minimum wage fixed for that person.
R econsiders-
n
es*
Speciallicenses.
S e c . 10. The commission may at any time inquire into the wages M i n i m u m
paid to minors in any occupation in which the majority of employees wages
are minors, and may after giving public hearings, determine minimum
wages suitable for such minors. When the commission has made such
a determination, it may proceed in the same manner as if the deter
mination had been recommended to the commission b y a wage board.
200
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
S e c . 11. Every employer of women and minors shall keep a register
° f the names and addresses of all women and minors employed by him,
and shall on request permit the commission or any of its members or
agents to inspect the register. The commission shall also have power
Power of com- to subpoena witnesses, administer oaths and take testimony, and to
S e witnesse^anci examine such parts of the books and records of employers as relate to
records.
the wages paid to women and minors. Such witnesses shall be sum
moned in the same manner and be paid from the treasury of the Com
monwealth the same fees as witnesses before the district court.
Registers of em-
kept^
Statistics.
Sec. 12. The commission may cause such statistics and other data
to be gathered as it may deem desirable, and the cost thereof shall be
paid out of the appropriation made for the expenses of the commission.
Discrim in aS e c . 13. A ny employer who discharges or m any other manner disploy<^fa
em~ criminates against any employee because such employee has testified,
or is about to testify, or because the employer believes that the em
ployee may testify, in any investigation or proceeding relative to the
enforcement of this act, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine of $25 for each
offense.
Publication of S ec . 14. The commission shall from time to time determine whether
e^violattog d e -employers in each occupation investigated are obeying its decrees,
crees.
ana shall publish in the manner provided in section 6, the name of any
employer whom it finds to be violating any such decree.
Penalty for Sec. 15. Any newspaper publisher or publishers refusing or neg^ws^apersrefusto publish the findings, decrees or notices of the commission
findings.
at its regular rates for the space taken, shall, upon conviction thereof,
be punished by a fine of not less than $100 for each offense.
Nonliability for
Sec. 16. No member of the commission and no newspaper publisher,
damages.
proprietor, editor or employee thereof shall be liable to an action for
damages for publishing the name of any employer in accordance with
the provisions of this act, unless such publication contains some willful
misrepresentation.
Reports of com- Sec. 17. The commission shall make a report to the governor on or
mission.
before the first day of November, 1914, and biennially thereafter,
covering the results secured and data gathered in its^ work. It may
also make such additional reports in the form of bulletins from time to
time as in its judgment shall best serve the public interest.
Approved April 21, 1913.
OREGON.
ACTS OF 1913.
C h a p t e r 62.— An Act to protect the lives and health and morals o f women
and minor workers, ana to establish an industrial welfare commission
and define its 'powers and duties, and to providefor thefixing o f minimum
wages and maximum hours and standard conditions o f labor for such
workers, and to provide penalties for violation of this act.
Whereas, the welfare of the State of Oregon requires that women
and minors should be protected from conditions of labor which have
a pernicious effect on their health and morals, and inadequate wages
and unduly long hours and unsanitary conditions of labor have such
a pernicious effect; therefore, be it enacted * * *:
Certain hours.
S e c t io n 1. It shall be unlawful to employ women or minors in
wSesimiawfSr any occupation within the State of Oregon for unreasonably long
hours; and it shall be unlawful to employ women or minors m any
occupation within the State of Oregon under Buch^ surroundings or
conditions— sanitary or otherwise— as may be detrimental to their
health or morals; and it shall be unlawful to employ women in any
occupation within the State of Oregon for wages which are inadequate
to supply the necessary cost of living and to maintain them in health;
and it shall be unlawful to employ minors in any occupation within
the State of Oregon for unreasonably low wages.
Commission esS e c . 2. There is hereby created a commission composed of three
commissioners, which shall be known as the “ Industrial Welfare Com
mission” ; and the word “ commission” as hereinafter used refers to
M INIM UM -W AGE LAWS— OREGON.
201
and means said “ industrial welfare commission” ; and the word ‘ ‘ com
missioner” as hereinafter used refers to and means a member of said
“ industrial welfare commission.”
Said commissioners shall be ap
pointed by the governor. The governor shall make his first appoint
ments hereunder within 30 days after this bill becomes a law; and of
the three commissioners first appointed, one shall hold office until
January 1, 1914, and another shall hold office until January 1, 1915,
and the third shall hold office until January 1, 1916; and the governor
shall designate the terms of each of said three first appointees. On or
before the 1st day of January of each year, beginning with the year
1914, the governor shall appoint a commissioner to succeed the com
missioner whose term expires on said 1st day of January; and such
new appointee shall hold office for the term of three years from said
1st day of January. Each commissioner shall hold office until his
successor is appointed and has qualified^ and any vacancy that may
occur in the membership of said commission shall be filled by appoint
ment by the governor for the unexpired portion of the term in which
such vacancy occurs. A majority of said commissioners shall con
stitute a quorum to transact business, and the act or decision of such a
majority shall be deemed the act or decision of said commission; and
no vacancy shall impair the right of the remaining commissioners to
exercise all the powers of said commission. The governor shall, so far
as practicable, so select and appoint said commissioners—both the
original appointments and all subsequent appointments— that at all
times one of said commissioners shall represent the interests of the
employing class and one of said commissioners shall represent the
interests of the employed class and the third of said commissioners
shall be one who will be fair and impartial between employers and
employees and work for the best interests of the public as a whole.
S e c . 3. The first commissioners appointed under this act shall, within Organizatfon, ex20 days after their appointment, meet and organize said commission Penses*
by electing one of their number as chairman thereof and by choosing a
secretary of said commission; and by or before the 10th day of Janu
ary of each year, beginning with the year 1914, said commissioners
shall elect a chairman and choose a secretary for the ensuing year.
Each such chairman and each such secretary shall hold his or her
position until his or her successor is elected or chosen; but said com
mission may at any time remove any secretary chosen hereunder.
Said secretary shall not be a commissioner; and said secretary shall
perform said duties as may be prescribed and receive such salary as
may be fixed by such commission. None of said commissioners shall
receive any salary as such. All authorized and necessary expenses of
said commission and all authorized and necessary expenditures in
curred by said commission shall be audited and paid as other State
expenses and expenditures are audited and paid.
S e c . 4. Said commission is hereby authorized and empowered to Powers of comascertain and declare, in the manner hereinafter provided, the follow- miss on*
ing things: (a) Standards of hours of employment for women or for
minors and what are unreasonably long hours for women or for minors
in any occupation within the State of Oregon; (b) Standards of condi
tions of labor for women or for minors in any occupation within the
State of Oregon and what surroundings or conditions— sanitary or other
wise— are detrimental to the health or morals of women or of minors in
any such occupation; (c) standards of minimum wages for women in any
occupation within the State of Oregon and what wages are inadequate
to supply the necessary cost of living to any such women workers and
to maintain them in good health; and (d) standards of minimum wages
for minors in any occupation within the State of Oregon and what
wages are unreasonably low for any such minor workers.
S e c . 5. Said commission shall have full power and authority to in
vestigate and ascertain the wages and the hours of labor and the con-,
ditions of labor of women and minors in the different occupations in
which they are employed in the State of Oregon; and said commission
shall have full power and authority, either through any authorized
representative or any commissioner to inspect ana examine any and
all books and pay rolls and other records of any employer of women or
minors that in any way appertain to or have a bearing upon the ques-
SO S
BULLETIN OF THE BUREAU OP LABOR STATISTICS.
tions of wages or hours of labor or conditions of labor of any such
women workers or minor workers in any of said occupations and to re
quire from any such employer full and true statements of the wages
paid to and the hours of labor of and the conditions of labor of all
women and minors in his employment.
Employers to
S e c . 6. Every employer of women or minors shall keep a register of
keep registers.
nameg of all women and all minors employed by him, and shall, on
request, permit any commissioner or any authorized representative of
said commission to inspect and examine such register. The word
“ minor,” as used in this act, refers to and means any person of either
sex under the age of 18 years; and the word “ women,’ ’ as used in this
act, refers to and means a female person of or over the age of 18 years.
Hearings.
S e c . 7. Said commission may hold meetings for the transaction of
any of its business at such times and places as it may prescribe; and
said commission may hold public hearings at such times and places as
it deems fit and proper for tlie purposs of investigating any of the mat
ters it is authorized to investigate by this act. A t any such public
hearing any person interested in the matter being investigated may
appear and testify. Said commission shall have power to subpoena
and compel the attendance of any witness at any such public hearing
or at any session of any conference called and held as hereinafter pro
vided; and any commissioner shall have power to administer an oath
to any witness who testifies at any such public hearing or at any such
session of any conference. All witnesses subpoenaed by said com
mission shall be paid the same mileage and per diem as are allowed by
by law to witnesses in civil cases before the circuit court of Multnomah
County.
Conference or
S e c . 8. If, after investigation, said commission is of opinion that any
wage board.
substantial number of women workers in any occupation are working
for unreasonably long hours or are working under surroundings or con
ditions detrimental to their health or morals or are receiving wages
inadequate to supply them with the necessary cost of living and main
tain them in health, said commission may call and convene a conference
for the purpose and with the powers of considering and inquiring into
and reporting on the subject investigated by said commission and sub
mitted by it to such conference. Such conference shall be composed of
not more than three representatives of the employers in said occupation
and of an equal number of the representatives of the employees m said
occupation and of not more than three disinterested persons representing
the public and of one or more commissioners. Said commission shall
name and appoint all the members of such conference and designate the
chairman thereof. Said commission shall present to such conference all
information and evidence in the possession or under the control of said
commission which relates to the subject of the inquiry by such con
ference; and said commission shall cause to be brought before such
conference any witnesses whose testimony said commission deems
Duties of con- material to the subject of the inquiry by such conference. After comference.
pie ting its consideration of and inquiry into the subject submitted to it
by said commission, such conference shall make and transmit to said
commission a report containing the findings and recommendations of
such conference on said subject. Accordingly as the subject submitted
to it may require, such conference shall, in its report, make recom
mendations on any or all of the following questions concerning the par
ticular occupation under inquiry, to wit: (a) Standards of hours of
employment for women workers and what are unreasonably long hours
of employment for women workers; (b) standards of conditions of labor
for women workers and what surroundings or conditions— sanitary or
otherwise— are detrimental to the health or morals of women workers;
(c) standards of minimum wages for women workers and what wages
are inadequate to supply the necessary cost of living to women workers
and maintain them in health. In its recommendations on a question of
wages such conference shall, where it appears that any substantial num
ber of women workers in the occupation under inquiry are being paid by
piece rates as distinguished from time rate recommend minimum piece
rates as well as minimum time rate and recommend such minimum
piece rates as will in its judgment be adequate to supply the necessary
M INIM UM -W AGE LAWS— OREGON,
m
cost of living to women workers of average ordinary ability and main
tain them in health; and in its recommendations on a question of wages
such conference shall, when it appears proper or necessary, recommend
suitable minimum wages for learners and apprentices and the maximum
length of time any woman worker may be kept at such wages as a learner
or apprentice, which said wages shall be less than the regular minimum
wages recommended for the regular women workers in the occupation
under inquiry. Two-thirds of the members of any such conference
shall constitute a quorum; and the decision or recommendation or
report of such a two-thirds on any subject submitted shall be deemed
the decision or recommendations or report of such conference.
S ec . 9. Upon receipt of any report from any conference said com- Commission to
mission shall consider and review the recommendations contained in m©^Sti0nseC0I0f
said report; and said commission may approve any or all of said recom- conference,
mendations or disapprove any or all of said recommendations; and said
commission may resubmit to the same conference or a new conference
any subject covered by any recommendations so disapproved. If said
commission approves any recommendations contained in any report
from any conference, said commission shall publish notice, not less than
once a week for four successive weeks in not less than two newspapers
of general circulation published in Multnomah County, that it will on a
date and at a place named in said notice hold a public meeting at which
all persons in favor of or opposed to said recommendations will be given
a hearing; and after said publication of said notice and said meeting,
said commission may, in its discretion, make and render such an order
as may be proper or necessary to adopt such recommendations and
carry the same into effect and require all employers in the occupation
affected thereby to observe and comply with such recommendations
and said order. Said order shall become effective in 60 days after it is
made and rendered and shall be in full force and effect on and after the
sixtieth day following its making and rendition. After said order
becomes effective and while it is effective, it shall be unlawful for any
employer to violate or disregard any of the terms or provisions of said
order or to employ any woman worker in any occupation covered b y said
order for longer hours or under different surroundings or conditions or at
lower wages than are authorized or permitted by said order. Said
commission shall, as far as is practicable, mail a copy of any such order
to every employer affected thereby; and every employer affected by
any such order shall keep a copy thereof posted in a conspicuous place
in each room in his establishment in which women workers work. No
*such order of said commission sliall authorize or permit the employment
' more hours per day or per week than the maximum
y occupation in which only a minimum time rate Special licenses,
wage has been established, said commission may issue to a woman
physically defective or crippled by age or otherwise a special license
authorizing her employment at such wage, less than said minimum time
rate wage as shall be fixed by said commission and stated in said
license.
S ec . 1 1 . Said commission may at any time inquire into wages or M in i m u m
hours or conditions of labor of minors employed in any occupation in Minors,
this State and determine suitable wages and hours and conditions
of labor for such minors. When said commission has made such
determination, it may issue an obligatory order in the manner pro
vided for in section 9 of this act, and after.such order is effective,
it shall be unlawful for any employer in said occupation to employ a
minor at less wages or for more hours or under different conditions of
labor than are specified or required in or by said order; but no such
order of said commission shall authorize or permit the employment of
any minor for more hours per day or per week than the maximum now
fixed by law or at any times or under any conditions now prohibited
by law.
Sec. 12. The word “ occupation” as used in this act shall be so Orders for sepconstrued as to include any and every vocation and pursuit and trade ^localities*10nS
and industry. Any conference may make a separate inquiry into and
report on any branch of any occupation; and said commission may
204
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
make a separate order affecting any branch of any occupation. A n y
conference may make different recommendations and said commission
may make different orders for the same occupation in different localities
in the State when, in the judgment of such conference or said com
mission, different conditions in different localities justify such different
recommendations or different orders.
Compliance
S ec . 13. Said commission shall, from time to time, investigate and
with orders.
ascertain whether or not employers in the State of Oregon are observing
and complying with its orders and take such steps as may be necessary
to have prosecuted such employers as are not observing or complying
with its orders.
Assistance by
Sec. 14. The 4‘ commissioner of labor statistics and inspector of
flcesf
factories and workshops” and the several officers of the “ board of
inspection of child labor” shall, at any and all times, give to said
commission any information or statistics in their respective offices that
would assist said commission in carrying out this act and render such
assistance to said commission as may not be inconsistent with the
performance of their respective official duties.
Rules for en- Sec. 15. Said commission is hereby authorized and empowered to
coX^ncesf
prepare and adopt and promulgate rules and regulations for the carrying
into effect of the foregoing provisions of this act, including rules ana
regulations for the selection of members and the mode of procedure of
conferences.
S ec . 16. All questions of fact arising under the foregoing provisions
of this act shall, except as otherwise herein provided, be determined by
said commission, and there shall be no appeal from the decision of said
commission on any such question of fact, but there shall be a right of
appeal from said commission to the Circuit Court of the State of Oregon
for Multnomah County from any ruling or holding on a question of law
included in or embodied in any decision or order of said commission,
and, on the same question of law, from said circuit court to the Supreme
Court of the State of Oregon. In all such appeals the attorney general
shall appear for and represent said commission.
Penalty for vioS e c . 17. Any person who violates any of the foregoing provisions oi
of act.
this act shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not less than $25 nor more than
$100 or by imprisonment in the county jail for not less than 10 days
nor more than 3 months or by both such fine and imprisonment in the
discretion of the court.
Discrimination
Se c . 18. Any employer who discharges or in any other manner dispioyees
6m" criminates against any employee because such employee has testified,#
or is about to testify, or because such employer believes that said
employee may testify, in any investigation or proceedings under or
relative to this act, shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not less than $25 nor
more than $100.
Right of re- Sec. 19. If any woman worker shall be paid by her employer less
covery.
than the minimum wage to which she is entitled under or by virtue of
Court review.
Report.
Appropriation.
an order of said commission, she may recover in a civil action the full
amount of her said minimum wage less any amount actually paid to her
by said employer, together with such attorneys’ fees as may be allowed
by the court and any agreement for her to work for less than such
minimum wage shall be no defense to such action.
Sec. 20. Said commission shall, on or before the 1st day of January of
the year 1915 and of each second year thereafter, make a succinct report
to tne governor and legislature of its work and the proceedings under
this act during the preceding two years.
S ec . 21. There is hereby appropriated out of the general fund of the
State of Oregon the sum of $3,500 per annum, or so much thereof as may
be necessary per annum, to carry into effect the provisions of this act
and to pay the expenses and expenditures authorized by or incurred
under this act.
Filed in the office of secretary of state February 17, 1913.
MINIM UM -W AGE LAWS---- WASHINGTON.
205
UTAH.
ACTS OF 1913.
C h a p t e r 63.— An Act to establish a minimum wage for female workers,
'providing a penaltyfor violation of the provisions of this act, and provid
ing for its enforcement.
S ection 1. It shall be unlawful for any regular employer of female U n l a w f u l
workers in the State of Utah to pay any woman (female) less than the
wage in this section specified, to wit:
For minors, under the age of 18 years, not less than 75 cents per day; M i n i m u m
for adult learners and apprentices not less than 90 cents per day: Pro- wage s
vided, That the learning period or apprenticeship shall not extend for
more than one year; for adults who are experienced in the work they
are employed to perform, not less than $1.25 per day.
S ec . 2. A ll regular employers of female workers shall give a certifi- Certificate of
cate of apprenticeship for time served to all apprentices.
apprenticeship.
S ec . 3. Any regular employer of female workers who shall pay to any Pen alt y f or
woman (female) less than the wage specified in section 1 of this act shall wag^specified.
be guilty of a misdemeanor.
S ec . 4. The commissioner of immigration, labor and statistics shall Commissioner
have general charge of the enforcement of this act, but violations of the fabo^anTs^atS
same shall be prosecuted b y all the city, State and county prosecuting ticstoenforceact.
officers in the same manner as in other cases of misdemeanor.
Approved March 18,1913.
W A SH IN G TO N .
ACTS OF 1913.
Ch a p t er 174.— An Act to protect the lives, health, morals of women and
minors, workers, establishing an industrial welfare commissionfor women
and minors, prescribing its powers and duties, and providingfor thefixing
of minimum wages and the standard conditions o f laborfor such workers
and providing penaltiesfor violation of the same, and making an appro
priation therefor.
S ection 1. The welfare of the State of Washington demands that Purpose of act.
women and minors be protected from conditions of labor which have a
pernicious effect on their health and morals. The State of Washington,
therefore, exercising herein its police and sovereign power declares
that inadequate wages and unsanitary conditions of labor exert such
pernicious effect.
S ec . 2. It shall be unlawful to employ women or minors in any indus- Certain conditry or occupation within the State of Washington under conditions of unlawful wages
labor detrimental to their health or morals; and it shall be unlawful to
employ women workers in any industry within the State of Washington
at wages which are not adequate for their maintenance.
S ec . 3. There is hereby created a commission to be known as the Commissi°n es“ Industrial welfare commission ” for the State of Washington, to estab*
lish such standards of wages and conditions of labor for women and
minors employed within the State of Washington, as shall be held here
under to be reasonable and not detrimental to health and morals, and
which shall be sufficient for the decent maintenance of women.
S ec . 4. Said commission shall be composed of five persons, four of
whom shall be appointed by the governor, as follows: The first appoint
ments shall be made within 30 days after this act takes effect; one for
the term ending January 1, 1914; one for the term ending January 1,
1915; one for the term ending January 1, 1916; and one for the term
ending January 1, 1917: Provided, however, That at the expiration of
their respective terms, their successors shall be appointed by the governor
to serve a full term of four years. No person shall be eligible to appoint
ment as a commissioner hereunder who is, or shall have been at any time
within five years prior to the date of such appointment a member of
206
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
any manufacturers or employers association or of any labor union. The
governor shall have the power of removal for cause. Any vacancies
shall be filled by the governor for the unexpired portion of the term in
which the vacancy shall occur. The commissioner of labor of the State
of Washington shall be ex officio member of the commission. Three
members of the commission shall constitute a quorum at all regular
meetings and public hearings.
Payment
cf Sec. 5. The members of said commission shall draw no salaries,
commission.
The commission may employ a secretary whose salary shall be paid
Expenses.
out of the moneys hereinafter appropriated. All claims for expenses
incurred by the commission shall, after approval by the commission,
be passed to the State auditor for audit and payment.
D u t i e s and
S ec . 6. It shall be the duty of the commission to ascertain the wages
nffion.
C°m" and conditions of labor pf women and minors in the various occupations,
trades and industries in which said women and minors are employed
in the State of Washington. To this end, said commission shall have
full power and authority to call for statements and to examine, either
through its members or other authorized representatives, all books, pay
rolls or other records of all persons, firms and corporations employing
females or minors as to any matter that would have a bearing upon the
question of wages of labor or conditions of labor of said employees.
Employers to
S ec . 7. Every employer of women and minors shall keep a record
keep registers.
0f the names of all women and minors employed by him, and shall on
request permit the commission or any of its members or authorized
representatives to inspect such record.
Minor defined.
S ec . 8. For the purposes of this act a minor is defined to be a person
of either sex under the age of 18 years.
Hearings.
S ec . 9. The commission shall specify times to hold public hearings,
at which times employers, employees or other interested persons may
appear and give testimony as to the matter under consideration.^ The
commission shall have power to subpoena witnesses and to administer
oaths. All witnesses subpoenaed by the commission shall be paid the
same mileage and per diem allowed by law for witnesses before the
superior court in civil cases.
Conference or
S ec . 10. If, after investigation, the commission shall find that in
wage board.
any occupation, trade or industry, the wages paid to female employees
are inadequate to supply them necessary cost of living and to maintain
the workers in health, or that the conditions of labor are prejudicial to
the health or morals of the workers, the commission is empowered to
call a conference composed of an equal number of representatives of
employers and employees in the occupation or industry in question,
together with one or more disinterested persons representing the pub
lic; but the representatives of the public shall not exceed the number
of representatives of either of the other parties; and a member of the
commission shall be -a member of such conference and chairman
Rules for con- thereof. The commission shall make rules and regulations governnee.
ing the selection of representatives and the mode of procedure of said
conference, and shall exercise exclusive jurisdiction over all questions
arising as to the validity of the procedure and of the recommendations
Duties of con- 0f said conference. On request of the commission it shall be the duty
nee.
0f the conference to recommend to the commission an estimate of the
minimum wage adequate in the occupation or industry in question to
supply the necessary cost of living, and maintain the workers in health,
and to recommend standards of conditions or labor demanded for the
health and morals of the employees. The finding and recommenda
tions of the conference shall be made a matter of record for the use of
the commission.
Commission to
S ec . 11. Upon the receipt of such, recommendations from a confermendations6C01of ence> the commission shall review the same and may approve any or
conference.
all of such recommendations, or it may disapprove any or all of tnem
and recommit the subject or the recommendations disapproved of, to
the same or a new conference. After such approval of the recom
mendations of a conference the commission shall issue an obligatory
order to be effective in 60 days from the date of said order, or if the
commission shall find that unusual conditions necessitate a longer
period, then it shall fix a later date, specifying the minimum wage for
women in the occupation affected, and the standard conditions of
M INIM UM -W AGE LAWS---- WASHINGTON.
207
labor for said women; and after such order is effective, it shall be
unlawful for any employer in said occupation to employ women over
18 years of age for less than the rate of wages, or under conditions of
labor prohibited for women in the said occupations. The commission
shall send by mail so far as practicable to each employer in the occu
pation in question a copy of the order, and each employer shall be
required to post a copy of said order in each joom in which women
affected by the order are employed. When such commission shall
specify a minimum wage hereunder the same shall not be changed for
one year from the date when such minimum wage is so fixed.
Sec. 12. Whenever wages or standard conditions of labor have been _ Reconsideramade mandatory in any occupation, upon petition of either employers
orders,
or employees, the commission may at its discretion reopen the question
and reconvene the former conference or call a new one, and any recom
mendations made by such conference shall be dealt with in the same
manner as the original recommendations of a conference.
Sec. 13. For any occupation in which a minimum rate has been Special licenses,
established, the commission through its secretary may issue to a woman
physically defective or crippled by age or otherwise, or to an appren
tice in such class of employment or occupation as usually requires to
be learned by apprentices, a special license authorizing the employ
ment of such licensee for a wage less than the legal minimum wage; and
the commission shall fix the minimum wage for said person, such
special license to be issued only in such cases as the commission may
decide the same is applied for in good faith and that such license for
apprentices shall^be in force for such length of time as the said com
mission shall decide and determine is proper.
Sec. 14. The commission may at any time inquire into wages, and M i n i m u m
conditions of labor of minors, employed, in any occupation in the State JSfors. 6
and may determine wages and conditions of labor for such minors.
When the commission has made such determination in the cases of
minors it may proceed to issue an obligatory order in the manner pro
vided for in section 11 of this act, and after such order is effective it
shall be unlawful for any employer in said occupation to employ a
minor for less wages than is specified for minors in said occupation, or
under conditions of labor prohibited by the commission for said minors
in its order.
Sec. 15. Upon the request of the commission the commissioner of .Commasi°iier
labor of the State of Washington shall furnish to the commission such statfetics?
statistics as the commission may require.
Sec. 16 . Any employer who discharges, or in any other maimer disD iscrim inacriminates against any employee because such employee has testified pioyeef.am em~
or is about to testify, or because such employer believes that said
employee may testify in any investigation or proceedings relative to
the enforcement of this act, shall be deemed guilty of a misdemeanor
and upon conviction thereof, shall be punished by a fine of from $25 to
$100 for each such misdemeanor.
S ec . 17. Any person employing a woman or minor for whom a mini- Penalty far vio
mum wage or standard conditions of labor have been specified, at less latlon of act‘
than said minimum wage, or under conditions of labor prohibited by
the order of the commission; or violating any other of the provisions of
this act, shall be deemed guilty of a misdemeanor, and shall, upon con
viction thereof, be punished by a fine of not less than $25 nor more
than $100.
Sec. 17J. Any worker or the parent or guardian of any minor to investigationcf
whom this act applies may complain to the commission that the wages comp
paid to the workers are less than the minimum rate and the commis
sion shall investigate the same and proceed under this act in behalf
of the worker.
Sec. 18. If any employee shall receive less than the legal minimum Right of recovwage, except as hereinbefore provided in section 13, said employeeery
shall be entitled to recover in a civil action the full amount of the
legal minimum wage, as herein provided for, together with costs and
attorney’s fees, to be fixed by the court, notwithstanding any agree
ment to work for such lesser wage. In such action, however, the em
ployer shall be credited with any wages which have been paid on
account.
208
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Court appeal.
Report.
S ec . 19. A ll questions of fact arising under this act shall be deter
mined by the commission, and there shall be no appeal from its decision
upon said question of fact. Either employer or employee shall have
the right of appeal to the superior court on questions of law.
S ec . 20. The commission shall biennially make a report to the gov
ernor and State legislature of its investigations and proceedings.
Appropriation.
S ec . 21. There is hereby appropriated annually out of any moneys of
the State treasury not otherwise appropriated, the sum of $5,000 or as
much thereof as may be necessary to meet the expenses of the
commission.
Approved by the governor March 24, 1913.
W ISCON SIN.
LAW S OF 1913.
1729s-l to 1729S-12, inclusive,
of the statutes relating to the establishment of a living wage for women
and minors, and making an appropriation, and providing a penalty.
C h a p t e r 712.—An Act to create sections
Definition
terms.
of
S ection 1. There are added to the statutes 12 new sections to read:
S ection 1729s-1 . The following terms as used in section 1729s-l to
1729s-12, inclusive, shall be construed as follows:
(1) The term “ employer’ ’ shall mean and include every person,
firm or corporation, agent, manager, representative, contractor, sub
contractor or principal, or other person having control or direction of
any person employed at any labor or responsible directly or indirectly
for the wages of another.
(2) The term “ employee” shall mean and include every person who
is m receipt of or is entitled to any compensation for labor perform
for any employer.
(3) The term “ wage” and the term “ wages” shall each mean al
compensation for labor measured by time, piece or otherwise.
(4) The term “ welfare” shall mean and include reasonable com
fort, reasonable physical well-being, decency, and moral wrell-being.
(5) The term “ living wage’ ’ shall mean compensation for labor paid,
whether by time, piecework or otherwise, sufficient to enable the
employee receiving it to maintain himself or herself under conditions
consistent with his or her welfare.
Living wage to S ection 1729s-2. Every wage paid or agreed to be paid by any emp
ployer to any female or minor employee, except as otherwise provided
m section 1729&-7, shall be not less than a living wage.
Penalty.
S ection 1729s-3 . Any employer paying, offering to pay, or agreeing
to pay to any female or minor employee a wage lower or less in value
than a living wage shall be deemed guilty of a violation of sections
1729s-l to 1729s-12, inclusive, of the statutes.
Commission to
S e c t io n 1729s-4. It shall be the duty of the industrial commission
fix l ^ S 6wagef an(^ ^ shall have power, jurisdiction and authority to investigate,
ascertain, determine and fix such reasonable classification, and to issue
general or special orders determining the living wage, and to carry out
the purposes^ of sections 1729s-l to 1729&-12, inclusive, of the statutes.
Such investigations, classifications and orders, and any action, pro
ceeding, or suit to set aside, vacate or amend any such order of said
commission, or to enjoin the enforcement thereof, shall be made pur
suant to the proceedings in sections 2394-41 to 2394-70, inclusive, of
the statutes, which are hereby made a part hereof, so far as not incon
sistent with the provisions of sections 1729s-l, 1729s-2,1729s-3,1729s-4,
1729s-5, 1729s-6, 1729s-7, 1729s-8, 1729s-9, 1729s-10, 1729s-ll, and
1729s-12 of the statutes; and every order of the said commission shall
have the same force and effect as the orders issued pursuant to said
sections 2394-41 to 2394-70, inclusive, of the statutes, and the penalties
therein shall apply to and be imposed for any violation o f sections
1729S-1, 1729S-2, 1729s-3, 1729s-4, 1729s-5, 1729s-6, 1729s-7, 1729s-8,
1729s-9,1729s-10, 1729s-ll, and 1729s-12 of the statutes.
M INIM UM-W AGE LAWS---- WISCONSIN.
209
S e c t io n 1729&-5. After July 1, 1913, the industrial commission may, . When commisupon its own initiative, and after July 1, 1914, the industrial commis- slon
‘
sion shall, within 20 days after the filing of a verified complaint of any
person setting forth that the wages paid to any female or minor em
ployee in any occupation are not sufficient to enable such employee to
maintain himself or herself under conditions consistent with his or her
welfare, investigate and determine whether there is reasonable cause
to believe that the wage paid to any female or minor employee is not
a living wage.
S e c t io n 1729s-6. If, upon investigation, the commission finds that Advisory wage
there is reasonable cause to believe that the wages paid to any female
*
or minor employee are not a living wage, it shall appoint an advisory
wage board, selected so as fairly to represent employers, employees,
and the public, to assist in its investigations and determinations. The
living wage so determined upon shall be the living wage for all female
or minor employees within the same class as established by the classi
fication of the commission.
S e c t i o n 1729s-7 . The industrial commission shall make rules and reg- Special licenses,
ulations whereby any female or minor unable to earn the living wage
theretofore determined upon, shall be granted a license to work for a
wage which shall be commensurate with his or her ability. Each
license so granted shall establish a wage for the licensee, and no
licensee shall be employed at a wage less than the rate so established.
S e c t io n 1729s-8. 1. All minors working in an occupation for which Minors to be in
a living wage has been established for minors, and who shall have no
ure *
trade, shall, if employed in an occupation which is a trade industry,
be indentured under the provisions of sections 2377 to 2386, inclusive,
of the statutes.
2. A “ trade” or a “ trade industry” within the meaning of this act Trade indusshall be a trade or an industry involving physical labor and charac- y*
"ized by mechanical skill and training such as render a period of inuction reasonably necessary. The industrial commission shall inastigate, determine and declare what occupations and industries are
lcluded within the phrase a “ trade” or a “ trade industry.”
3. All minors working in an occupation for which a living wage has
been established for minors but which is not a trade industry, who
have no trade, shall be subject to the same provisions-as minors be
tween the ages of 14 and 16 as provided in section 1728c-l of the
statutes.
4. The industrial commission may make exceptions to the operation Exceptions,
of subsections 1 and 2 of this section where conditions make their
application unreasonable.
S e c t i o n 1729s-9 . Every employer employing three or more females Registration of
or minors shall register with the industrial commission, on blanks to be emp yers*
supplied by the commission. In filling out the blank he shall state
separately the number of females and the number of minors employed
by him, their age, sex, wages, and the nature of the work at which
they are employed, and shall give such other information relative to
the work performed and the wages received as the industrial commis
sion requires. Each employer shall also keep a record of the names
and addresses of all women and minors employed by him, the hours of
employment and wages of each, and such other records as the indus
trial commission' requires.
S e c t io n 1729s-10. Any employer who discharges or threatens to dis- . D i s c r i m i n a charge, or in any way discriminates, or threatens to discriminate p\oyeef.amSt em~
against any employee because the employee has testified or is about
to testify, or because the employer believes that the employee may
testify, m any investigation or proceeding relative to the enforcement
of this act, is guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of $25 for each offense.
S e c t io n 1729s-ll. Each day during which any employer shall em- Violation of act.
ploy a person for whom a living wage has been fixed at a wage less
than the living wage fixed shall constitute a separate and distinct vio
lation of sections 1729s-l to 1729s-12, inclusive, of the statutes.
S e c t io n 1729s-12. Any person may register with the industrial com- Complaints,
mission a complaint that the wages paid to an employee for whom a
82843°— ’Bull. 167— 15------- 14
210
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
living wage has been established are less than that rate, and the in
dustrial commission shall investigate the matter and take all proceed
ings necessary to enforce the payment of a wage not less than the living
wage.
S ec. 2 . This act shall take effect and be in force from and after its
passage and publication.
Approved July 31,1913.
VICTORIA.
FACTORIES AN D SHOPS ACT, 1912.
[No. 2386.]
Short title and S ection 1. This act may be cited as the factories and shops act, 1912,
commencement. an(j
COme into operation on the 1st day of January, 1913.
P a r t V II .— S p e c ia l B o a r d s .
(i )
a p p o in t m e n t
of b o a r d s .
Existing
S ection 133. (1) Every special board purporting to have been apfirrnedf S ° ° n " pointed prior to the commencement of this act shall be deemed to have
been validly appointed.
Power to ap- (2) Where a resolution is or has been passed by both Houses of ParliaEoard. spec
ment declaring that it is expedient to appoint any special board to de
termine the lowest prices or rates which may be paid to any person or
persons or classes of persons employed anywhere in Victoria (whether
m a factory or not) in any process trade business or occupation or
any group thereof specified in the resolution or where any special board
has prior to the commencement of this act been appointed for any
process trade business or occupation or any group thereof the gov
ernor in council may if he thinks fit from time to time—
(a) Appoint one or more special boards for any one of such processes
trades businesses or occupations or for any branch or branches thereof
or for any group or groups thereof; and
(b) Define the area or locality (including the whole or any part or
parts of Victoria) within which the determination of each of such
special boards shall be operative; and extend or redefine any such area
or locality; and
(c) As between any two or more special boards, adjust the powers
which such boards or any of them may lawfully exercise, and for that
purpose deprive any special board of any of its powers and confer them
upon any other special board.
(3) When any special board is deprived of any of its powers pursuant
to this section any determination thereof or of the court of industrial
appeals made before such deprivation under any power of which the
special board is deprived shall continue in operation until superseded
by a determination of the special board upon which such power is con
ferred, and upon such determination being made shall cease to have
effect.
(4) Where under this section the area or locality within which the
determination of any special board is to be operative is extended so as
to include any part or parts of Victoria outside the Metropolitan dis
trict or outside any city town or borough the governor in council if in
any case he thinks it necessary may appoint a new special board to
take the place of the special board the operation of whose determina
tion is so extended.
(5) Where any new special board is so appointed any determination
of the board whose place it takes or of the court of industrial appeals
theretofore made shall within the area or locality for which the deter
mination was made continue in operation until superseded by a deter
mination of the new special board and upon such determination being
made shall cease to have effect.
(6 ) Each special board shall consist of not less than 4 nor more than
10 members and a chairman.
MINIM UM-W AGE LAWS— VICTORIA.
211
Sec. 134. The governor in council may by order published in the Short title.
Government Gazette direct that any special board may in any regula
tion determination order or instrument or legal proceedings be de
scribed for all purposes b y some short title specified in such order.
S ec . 135 (as amended by section 25, act No. 2558, November 2,1914). Rower to ex( 1 ) The governor in council may by an order published in the Govern- special board
ment Gazette extend the powers under this act of any special board so
that such board may fix the lowest prices or rates for any process, trade,
business, or occupation or part of any such process, trade, business or
occupation which in the opinion of the governor in council is of the
same or similar class or character as that for which such board was ap
pointed, and such board shall as regards the process, trade, business
or occupation mentioned in the extending order in council have all the
powers conferred on a special board by this act.
(2) A copy of the Government Gazette containing an order so ex- Evidence,
tending the powers of a special board shall be conclusive evidence of
the making of such order and such order shall not be liable to be chal
lenged or disputed in any court whatever.
S ec . 136 (as amended by section 26, act No. 2558, November 2,1914). Constitution of
(1) One-half of the members of a special board shall be appointed boardas representatives of employers and one-half as representatives of
employees.1
(2 ) The representatives of the employers shall be bona fide and
actual employers in the trade concerned, or shall have been so for six
months during the three years immediately preceding their appoint
ment, and the representatives of the employees shall be actual and
bona fide employees in such trade, or shall have been so for six months
during the three years immediately preceding their appointment.
(3) All the representatives of employers and employees respectively , M« mbers of
nominated for any special board shall reside in the area or locality to {^locality. r
6
which the determination of the special board is to be applied; and if
any such representative ceases to reside as aforesaid he shall thereupon
cease to be qualified as and shall cease to be a member of the board.
(4) In any case where one-fifth of the employers or employees in any County repre
process trade business or occupation carry on or are engaged in such sentatlve*
process trade business or occupation outside the metropolitan dis
trict as defined in this act one at least of the persons so nominated as
representatives of employers and one at least of the persons so nomi
nated as representatives of employees shall be a person who resides
and who carries on or is engaged in or has carried on or been engaged in
(as the case may be) such process trade business or occupation out
side the said metropolitan district.
(5) In any case where after the lapse of three months from the date of fA P p o intment
the order in council for the appointment of any special board the special boar^.
minister is satisfied that a sufficient number of qualified employers or
employees can not be found to act as members of the board the gov
ernor in council on the advice of the minister may appoint any per
sons who have been engaged in the trade concerned to be representa
tives of the employers or the employees on such board.
( 6 ) (a) Appointments as members of any special board shall be for Term of office,
three years only, but any member of a special board may on the expira
tion of his term of office be reappointed thereto;
(6)
The chairman of any special board shall be deemed and taken to
be a member thereof; and
(c)
The governor in council may at any time remove any member R e m o v a l of
of a special board.
members;
S e c . 137 (as amended by section 27, act No. 2558, November 2,1914). Provisions for
(1) Before appointing the members of any special board the minister JepresenTativ©
may by notice published in the Government Gazette nominate 1 members,
persons as representatives of employers and representatives of em
ployees to be appointed as members of such special board.
1 See also section 162.
2 Although the minister has power to nominate whomsoever he pleases within the
limitations of section 136 ante, his invariable practice is to consult the parties interested.
It is open for any person or association to forward the names of persons suitable for nomi
nation. If such names exceed the number to be appointed, the minister makes a selec
tion, and nominates those selected by publishing their name in the Government Gazette.
212
Duty of
ployers.
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
(2) Unless within 21 days after the date when such nominations are so
published at least one-fifth of the employers or at least one-fifth of the
adult employees respectively engaged in the process trade business
or occupation subject to such special board give notice in writing to
the minister that they object to the appointment of the persons nomi
nated as their representatives (as the case may be) then such persons so
nominated may be appointed members of the special board by the
governor in council as representatives thereon of the employers or
employees (as the case may be).
em- ( 3 ) For the purpose of furnishing the information necessary for preparing rolls of electors (none of whom shall be under the age ot 18
years) for special boards in any process trade business or occupa
tion not usually or frequently carried on in a factory as defined by this
act all employers shall send to the chief inspector their names and
addresses and also the names and addresses of all employees not under
18 years of age, in the form or to the effect of the seventh schedule
and the chief inspector shall compile voters’ rolls therefrom and each
employer and each employee shall have one vote.
Any employer failing so to forward his name and address shall not
be entitled to vote for representatives of employers on the special
board to be elected.
Every employee not under 18 years of age, who produces evidence
to the satisfaction of the chief inspector that his ordinary occupation
when at work is employment in any process trade business or occu
pation in regard to which the lowest prices or rates of payment are to
be determined by any special board shall notwithstanding that his
name and address have not been forwarded by his employer; be enrolled
as an elector of representatives of employees on such special board.
The minister may decide whether any process trade business or
occupation falls witnin this subsection.
Decision as to (4 ) The minister shall decide whether persons nominated as repreobjectors.
sentatives have been objected to by at least one-fifth of employers
or adult employees (as the case may be) and for that purpose he shall
accept the records given by the chief inspector in his latest annual report.
Provided, That in any case where no records are given in the latest an
nual report of the chief inspector of factories with respect to any persons,
likely to be affected by the determination of any such special board the
minister if he is satisfied that there is substantial objection to the per
sons nominated by him as representatives of employers or employees on
such special board and notwithstanding that an objection signed by
one-fifth of the employers or adult employees, respectively engaged in
the process trade business or occupation subject to such special board
has not been lodged, may decide that an election shall be held.
Provision for (5 ) i f the minister is satisfied that at least one-fifth of the employers
election.
or 0f the adult employees object within the time aforesaid to the
persons nominated as their representatives or that otherwise there is
substantial objection then such representatives of employers or such
representatives of employees shall subject to the provisions of this
act be elected as may be prescribed by regulations1 made by the gov
ernor in council.2
Appointment
S ec . 138. If the number of persons nominated as representatives of
nations. n 0
" employers or employees (as the case may be) does not exceed the
number of persons to be elected the persons nominated shall be deemed
and taken to have been elected and shall be appointed by the governor
in council accordingly to be members of the special board.
v acancies.
S ec . 139. In the event of any vacancy occurring from any cause what
soever in any special board, the governor in council may without pre
vious nomination or election appoint a person as representative of em
ployers or employees as the case may require (and the person so ap
pointed shall be deemed and taken to have been elected by such em
ployers or employees, as the case may b e); and such person shall be so
appointed for the unexpired portion of the term of office of the member
who dies or resigns or is removed .3
1 For regulations see p. 228.
2See section 161.
3 It is the practice of the minister to consult the interests of the persons concerned. If
the board i'o sitting when the vacancy occurs, its remaining members usually suggest a
suitable person. It is well, therefore, for parties interested to be ready with nominations
as soon as a seat on the board becomes vacant.
MINIM UM -W AGE LAWS— VICTORIA.
213
(2) APPOINTMENT OP CHAIRMEN.
Sec . 140 (1) The members of a special board shall within fourteen h?ri°mination of
days after tneir appointment nominate in writing some person (not
an*
being one of such members) to be chairman of such special board, and
such person shall be appointed by the governor in council to such office.
(2) In the event of the minister not receiving such nomination within
fourteen days after the appointment of the said members then the gov
ernor in council may appoint the chairman on the recommendation of
the minister.
(3) POW ERS AN D FUNCTIONS OP BOARDS. 1
S e c . 141 (as amended by section 28, act No. 2558, November 2 , 1914).
(1) Every special board in accordance with the terms of its appointment—
(a) Shall determine the lowest prices or rates of payment payable to Board to deany person or persons or classes of persons employed in the process Jltes^f pay.°WeS
trade business or occupation specified in such appointment. Such
prices or rates of payment may be fixed at piecework prices or at wages
rates or both as the special board thinks fit;
(b) Shall determine the maximum number of hours per week for Board to fix
which such lowest wages rates shall be payable according to the nature numDer 01 ours*
or conditions of the work; and the wages rates payable for any shorter
time worked shall be not less than a pro rata amount of such wages rates
and not less than such a rate as may be fixed for casual labor.
In fixing such lowest prices or rates the special board shall take into M^ ters. to b0
consideration the following matters and may (if it thinks fit) fix differ- conslclerecl*
ent prices or rates accordingly—
(1) The nature kind and class of work;
(ii) The mode and manner in which the work is to be done;
(iii) The age and the sex of the workers;2 #
i i v ) The place or locality where the work is to be done;
(v) The hour of the day or night when the work is to be done:
(vi) Whether more than six consecutive days’ work is to be done;
(vii) Whether the work is casual as defined by the board;3
(viii) Any recognized usage or custom in the manner of carrying out
the work; and
(ix) Any matter whatsoever which may from time to time be pre
scribed.
(2) Every special board shall fix higher wages rates to be paid for over- Special boards
time; and for that purpose it shall exercise the powers set out in any one rates ov 11116
but not more than one of the paragraphs in this subsection numbered
(a), (b), (c), or (d):
(a) It may fix an overtime rate for any hour or fraction of an hour Overtime rates,
worked in any week in excess of the number of hours determined for
a week’s work; or
(b) It may fix the hour of beginning and the hour of ending work on
each day; and in that case shall—
Fix higher wages rates to be paid for any hour or fraction of an hour
worked in any week—
(i) Outside the hours so fixed; 4
(ii) Within the hours so fixed in excess of the number of hours deter
mined for a week’s work; or
(c) It may fix the hour of beginning and the hour of ending each
shift; and in that case shall—
Fix the rate to be paid for work done on each shift; and
Fix a higher rate to be paid for each hour or fraction of an hour worked
by any employee before or after his shift; or
1A board may fix rates for repairing articles. See section 152 post. For additional
powers as to apprentices and improvers, see section 182 post.
2 As to persons under 21 years of age, other than apprentices or improvers, see section
154 post.
• According to section 29, act No. 2558, Nov. 2,1914, casual work shall mean work
during any week for not more than one-half the maximum number of hours fixed by
the special board in respect of any particular process, trade, business, or occupation
and the determination of any special board with respect to casual work shall always
be subject to this provision.
* It will be noted that, under paragraphs (1) and (2), two different classes of overtime
can be fixed. Under (1) and (2) the boards are bound to fix the number of hours for a
week’s work, and the wages rate for any time in excess. Under (2) they may fix the times
214
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
(d)
It may fix a higher rate to be paid for any hour or fraction of an
hour worked on any day in a factory before or after the ordinary working
hours of the factory.
Special rates for
(3 ) in addition to the powers conferred by this section every special
Sundays and hoi- k oar<j m ay exercise either or both of the following powers, namely:
(a)
It may fix special rates for work to be done on a Sunday or public
holiday; or 1
For time occu(ft) It may fix special rates to be paid to any employee who works
toandfromwS away from his employer’s place of business for time occupied in travel’ ing between the employer’s place of business and work or between the
employee’s residence and work.
. Apprenticeship
(c) May prescribe the form of apprenticeship indenture to be used;
B oard may
w When in this act or any regulations thereunder the number of the
vary overtime or hours of work per week or the overtime rates of pay are fixed for any
hours.
class or classes of workers, a special board when exercising any of the
powers conferred by this section instead of fixing the number of work
ing hours per week of overtime rate for the class or classes of workers
to be affected by the determination of such board fixed by the factories
and shops acts may fix a different number of working hours or overtime
rate as the case may be.
Piecework
gEC. 1 4 2 . Where pursuant to this act by any determination of a
pnce.
special board both a piecework price and a wages rate are fixed for
any work, the piecework price shall be based on the wages rate; but
no determination shall be liable to be questioned or challenged on the
ground that any piecework price is a greater or less amount than such
price would be if based upon the wages rate.
Outsidework.
gEC# 143. For wholly or partly preparing or manufacturing outside
a factory articles of clothing or wearing apparel or boots or shoes a piece
work price only shall be fixed, and the board shall on request of any
occupier of a factory or shop or place fix a wages rate for any work
done by persons operating at a machine used in such factory or shop
or place.
?eac e w o f °k
c*
W Any special board instead of specifying the lowest
piecework prices which may be paid for wholly or partly preparing or
manufacturing any articles may determine that piecework prices based
on wages rates fixed by such special board may be fixed ana paid there
for subject to and as provided in the next following subsection.
(2 ) Any employer who pursuant to such determination fixes and
pays piecework prices shall base such piecework prices on the earnings
of an average worker working under like conditions to those for which
the piecework prices are fixed and who is paid by time at the wages
rates fixed by such special board. Every such employer shall if
required by the chief inspector so to do forward a statement of such
pnces to the chief inspector.
Offering lower
( 3 ) Any person who having fixed a piecework price as in this secprice an offense. ^ on provided either directly or indirectly or by any pretense or device
pays or offers or permits any person to offer or attempts to pay any
person a piecework price lower than the price so fixed by such first-
price.
r
of beginning and ending work upon each day, and, having done so, must fix a higher rate
for all time worked outside those hours. If these two powers were exercised independ
ently of one another, they would clash.
It has been found necessary, when any board wishes to exercise both powers, to adopt
a form such as follows:
Time of beginning and ending work—That the time of beginning and ending work
shall be—
Time of beginning, 7.30 a. m.; time of ending, 12 noon on the day on which the half
holiday is observed. Time of beginning, 7.30 a. m.; time of ending, 6 p. m. on the other
working days of the week.
Overtime—That the following rates shall be paid for all work done:
(а) Within the hours fixed in clause in excess of 48 hours in any week, time and a
quarter.
(б) Outside the hours fixed in clause, time and a quarter.
In many trades it is found better to exercise only the power of fixing overtime rates on
the week’s work, without fixing the time of beginning and ending. This course has the
advantage of elasticity, allowing employers and employees to arrange their hours of work
to suit themselves, according to the conditions and locality of their work.
1 The only days which a wage board has power to name as public holidays are: 1st
January (New Year’s Day), 26th January (Foundation Day), Good Friday, Easter Sat
urday, Monday, and Tuesday, 21st April (Eight Hours’ Day), 3d June (King’s birth
day), first Thursday in September (Royal Agricultural Show day, in localities named in
the Royal Agricultural Show Act), 25th December (Christmas Day), and 26th Decem
ber (Boxing Day).
M INIM UM -W AGE LAWS— VICTORIA.
215
mentioned person or who refuses or neglects to forward a statement of
such prices when required to do so by the chief inspector, shall be
deemed guilty of a contravention of the provisions of this part.1
(4)
In proceedings against any person for a contravention of the Burden of proof
provisions of the two last preceding subsections of this section the onus on
of proof that any piecework price fixed or paid by such person is in
accordance with the provisions of such subsections shall in all cases
lie on the defendant.
S e c . 145. When in any determination a special board has fixed a
che- ^ ork
wages rate only for wholly or partly preparing or manufacturing either pnce
*
inside or outside a factory any articles or for doing any work then it
shall not be lawful for any person to pay or authorize or permit to be
paid therefor any piecework prices, and the receipt or acceptance of
any piecework prices shall not be deemed to be payment or part pay
ment of any such wages.
S e c . 146. When in any determination a special board has fixed piece- Effect on piece
work prices for wholly or partly preparing or manufacturing any articles v a r y in Fg° usual
and in the description of the work in respect of which such piecework course,
price is to be paid such board enumerates several operations, and when
any one or more of such operations is by the direction or with the ex
pressed or implied consent of the occupier of the factory or his manager
or foreman or agent omitted, such omission shall not affect the price to
be paid in connection with the particular work, but such price shall,
unless otherwise provided in such determination, be that fixed as the
price for the whole work described.
S e c . 147. Notwithstanding anything contained in this act the price P i e c e w o r k
or rate of payment to be fixed by any special board for wholly or partly ?at©f
wa®es
preparing or manufacturing any article of furniture 2 shall wherever
practicable be both a piecework price and a wages rate. The piecework
price shall be based on the wages rate fixed by such board.
S e c . 148. Where it appears to be just and expedient special wages Special rates,
rates may be fixed for aged infirm or slow workers by any special
board.3
Sec. 149. All powers of any special board may be exercised by a E x e r c i s e of
majority of the members thereof.
powers.
S e c . 150. During any vacancy in a special board (other than in the Vacancies,
office of chairman) the continuing members may act as if no vacancy
existed, provided no member of the board objects.4
S e c . 151. The chairman of any special board may require any person Chairman to
(including a member of a special board) giving evidence before a board oaths! m i s t e r
to give his evidence on oath and for such purpose shall be entitled to
administer an oath accordingly to such person.
S e c . 152. A special board shall have power to determine the lowest Prices for r«prices or rates to be paid to any person or persons or classes of persons pairing*
employed in repairing—
(а) Any articles of clothing or wearing apparel or furniture in respect
to which such board may make a determination; or
(б) Any articles which are subject to the determination of a special
board for any process trade or business.
Sec. 153. Where by the determination of a special board the wages of Wages of apan apprentice or of an improver are to vary in accordance with his expe-pren lces*
rience or length of employment in his trade, then for the purpose of
determining the wages he is entitled to receive, any time during which
such apprentice or improver has worked at his trade shall be reckoned
in his length of employment in such trade.
Sec. 154. When fixing the wages rate to be paid to persons (other than Varying rates,
apprentices or improvers) under 21 years of age for any particular class
of work any special board may fix different rates having regard to the
length of experience of such persons in such particular class.
Sec. 155. No special board shall sit during ordinary working hours in Board not tosit
any trade except by mutual agreement of the representatives of the em- hJJSrsf wor g
ployers and employees on the board, or by the direction of the minister.
1 Penalty, section 226.
2 For additional powers of furniture board, see sections 152 and 156 post.
* Very few boards have exercised their powers under this section. Under section 202
the chief inspector can grant a license to an old, slow, or infirm worker to work for less
than the minimum wage, but it is questionable whether in case a board had fixed rates,
the chief inspector could legally grant a license to work for anything less than the rate
fixed by theboard.
« In practice the boards do not usually decide important points during a vacancy.
216
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
(4) MISCELLANEOUS PROVISIONS AS TO SPECIAL BOARDS.
Additional s Ec. 156. The special board heretofore appointed with regard to artiIlSeboard.
" c*es
furniture may also determine the lowest prices or rates which
may be paid to female workers employed as upholstresses whether as
carpet hands table hands or drapery hands, also to male persons
employed in planning and laying carpets or linoleums or floor cloths or
fixing drapenes or making and fixing window Venetian and wire blinds
if a resolution shall have been passed by both houses of Parliament de
claring it is expedient for the special board so to do.
Rates fixed by S e c . 158. (1) Special boards may be appointed ia order to determine
gine drivers, etc!"
lowest prices or rates which may be paid to any person or persons
tosupersede*rates or classes of persons wheresoever employed in the process trade or
h* d b7 other business of either the whole or any part of the ironworking trade (for
classes.
same which a special board has not been constituted) including—
(a) Engineering.
( b) Boiler making.
(c) Blacksmithing.
(d) General ironwork.
(2) The lowest prices or rates which may be determined under and
pursuant to the factories and shops acts by any special board ap
pointed—
In the occupation of a fireman, boiler attendant, or engine driver in
connection with the use of steam boilers or steam engines other than
steam boilers or steam engines connected with mines; or
Under the provisions of paragraphs (a), (b), (c), and (d) of this sec
tion—
for any person or persons or classes of persons shall be the lowest prices
or rates to be pai(i to such person or persons or classes of persons where
soever employed, notwithstanding that any other rates are determined
with respect to such person or persons or classes of persons by any other
special board.
Extension of gEC% 159. (1) Any special board appointed—
IbrTnginedrivers. (a) I*1 the occupation of a fireman boiler attendant or engine driver
*in connection with the use^of steam boilers or steam engines other than
steam boilers or steam engines connected with mines; or
(b)
In the occupation of a fireman boiler attendant or engine driver
in connection with a steam engine or steam boiler in or about mines of
every kind—
is hereby given power to determine the lowest prices or rates which may
be paid to any person or persons or classes of persons employed in the
occupation of assistant engine driver greaser or trimmer m connection
with the use of steam engines or steam boilers.
(2) Such special board may exercise all the powers conferred on
special boards under this act so far as any person or persons or classes
of persons mentioned in this section are concerned.
S e c . 160. (1 ) Notwithstanding anything contained in this act, the
Eoard.
r carters board appointed on the 1 st day of December 1909 is hereby
given power to determine the lowest prices or rates which may be paid
to any person or persons or classes of persons employed in or in connec
tion with any stable (other than a livery stable) in which are stabled
the horses used in his business trade or occupation by any person
subject to the determination of the said special board.
(2) Such special board may exercise all the powers conferred on
special boards under this act so far as any such person or persons or
classes of persons mentioned in this section are concerned.
^Special board gEC igj Notwithstanding anything contained in this act the memtrade.
1
bers of any special board to determine or fix the lowest price or rate
which may be paid to any person for wholly or partly preparing or
manufacturing any particular articles of furniture shall not be elected,
and the governor in council may from time to time appoint such special
board.
bov!^6n, clothing. ^EC- 162. I*1 the case of the special board for men’s and boys’ clothboard.
ing, the representatives of the employers shall consist of three repre
sentatives of makers of ready-made clothing and two of makers of order
clothing, and the rolls for any election of such respective representa-
M INIM UM-W AGE LAWS— VICTORIA.
217
tives shall be prepared and votes given in such manner as may be pre
scribed.
S ec . 163. Notwithstanding anything contained in this act the special Extension of
board called the iron molders board appointed on the seventeenth day mXers^b^d.°n
of December one thousand nine hundred and one is hereby given power
to determine the lowest prices or rates which may be paid to any person
or persons or classes of persons employed in the process trade or busi
ness of a steel molder and to exercise all the powers conferred on special
boards under this act so far as the process, trade, or business of a steel
molder is concerned.1
2.
(1) (added by act No. 2447 of December 31, 1912). In addition
to the powers it already possesses the special board heretofore ap
pointed and called the hotel employees board is hereby given power
to either—
(a) Fix prices and rates to be paid to employees without taking into
consideration either board or lodging; or
(b) Fix prices and rates to be paid to employees varying according to
whether full or partial board or lodging is received by the employee.
(2) When the board makes a determination having exercised either
of these powers it shall be an offence for any employer to accept any
payment from any employee under the jurisdiction of the said board
for either board or lodging.
(5) DURATION, PUBLICATION, AN D APPLICATION OP DETERMINATIONS
OF SPECIAL BOARDS A N D COURT OF APPEALS.
S e c . 164. Any price or rate determined by any special board shall Pri?e or rate to
from a date (not being within 30 days of such determination)2 fixed by remam*
such board, be and remain in force until amended by a determination
of such special board; but such determination may at any time be
amended or revoked by the court of industrial appeals.
S ec . 165. (1) The determination of any special board shall be signed Application of
by the chairman thereof and published in the Government Gazette and determinatlon*
shall apply to the area or locality (including the whole or any part or
parts of Victoria) defined by the governor in council as the area or
locality within which the determination of such special board shall be
operative.3
(2)
Every amendment of any determination of any special board at
any time made shall apply to the same part or parts of Victoria as the
determination amended.
S ec . 166 (as amended by act No. 2447 of December 31, 1912). No Children of emdetermination of a special board shall prevent the sons or daughters of p yer*
any employer being employed by him in any capacity whether he has
or nas not the full number of apprentices and improvers, and he shall
not be bound to pay his sons and daughters the rates fixed b y any
determination.
1 The following provisions respecting the coal miners’ board have been added by sec
tion 30, act No. 2558, November 2,1914:
(1) In addition to the powers it already possesses the special board heretofore ap
pointed and called the coal miners board may if it thinks fit as part of its determination
make rules regulating the cavilling for places which are worked at piecework prices on
any coal mine.
(2) Such cavilling shall be carried out by the employees affected.
(3) Any person guilty of any contravention of any such rules or of any failure to
carry out the decision or requirements of any such cavil shall on informationlaid by any
person aggrieved be liable on conviction by any court of petty sessions consisting of a
police magistrate with or without justices to a penalty of not more than £50 ($243.33).
2 It may be noted that it is only a price or rate that must stand for 30 days. Any part
of a determination which does not fix a price or rate apparently can be brought into force
without any period of waiting. Although this section prevents a price or rate coming
into force until after the lapse of 30 days, nothing in the factories and shops acts requires
preliminary notice. In practice, the department endeavors to give reasonable notice
in the Government Gazette, but there have been instances when circumstances have
rendered that impossible, and the determination has come into force immediately on
being published.
3 There is nothing in this section to indicate upon whom the duty lies of publishing a
determination in the Government Gazette. The amended determination of the hair
dressers board was sent to the minister of labor in December, 1911. The minister refused
to gazette it. Application was made to Mr. Justice Cussen for a mandamus. The judge
refused the application.
218
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Payment f o r
Sec. 167. Where any person is employed to perform two or more
classes of work*6 classes of work to which a rate fixed by a special board is applicable
then such person shall be paid in respect of the time occupied in each
class of work at the rate fixed by the board for such work.1
Rate of wages
Sec. 168. When any person is employed during any part of a day for
throughout day. an e m p i0y er at work for which a special board has fixed a wages rate
then all work whatever done by such person during such day for such
employer whether inside or outside a factoiy or shop or place what
soever or wheresoever shall be paid for at the same wages rate.
Determination
S e c . 169. There shall be kept printed, painted, or affixed in legible
to be posted.
Roman characters, in some conspicuous place at or near the entrance
of each and every factory or shop or place to which the determination
of a special board applies, in such a position as to be easily read by the
persons employed therein, a true copy of the determination of the spe
cial board as to the lowest prices or rates of payment determined by
such board.
E mployees
Sec. 170 (as amended by section 43, act No. 2558, November 2,
goods?
P
m 1^14). Where a piecework price or a wages rate has been fixed by
the determination of any special board for wholly or partly preparing or
manufacturing either inside or outside any factory any articles or for
doing any work no person shall either directly or indirectly require or
compel any person affected by such determination to accept goods of any
kind or board and lodging in lieu of money or in payment or part pay
ment for any work done or wages earned and the receipt or acceptance
of any goods or board and lodging shall not be deemed to be payment
or part payment for any such work or of any such wages.
(6) VALIDITY OP DETERM INATION.
Determination
s Ec. 171. (1) If any person desires to dispute the validity of any
forethfSuprem e determination of any special board made or purporting to have been
court only.
made under any of the provisions of this act or any act repealed thereby
it shall be lawful for such person to apply to the supreme court upon
affidavit for a rule calling upon the chief inspector to show cause why
such determination should not be quashed either wholly or in part for
the illegality thereof; and the said court may make the said rule abso
lute or discharge it with or without costs as to the court shall seem meet.
(2)
Every determination of any special board shall unless and until
so quashed have and be deemed and taken to have the like force valid
ity and effect as if such determination had been enacted in this act, and
shall not be in any manner liable to be challenged or disputed; but any
such determination may be altered or revoked by any subsequent deter
mination under this act.2
(7) SUSPENSION OF DETERMINATION.
Power to sus-
p
S ec . 172. (1) Notwithstanding anything contained in this act the
governor in council may at any time for such period or periods as he
thinks fit not exceeding six months in the whole by order published in
the Government Gazette suspend the operation of the determination of
any special board .3 When the operation of any determination (whether
i This section imposes the duty upon the employer of paying an employee in accord
ance with the period of time occupied under each determination, or under different parts
of the same determination. In cases where several determinations are operative this
may become a difficult matter, and necessitates the times being carefully kept and prop
erly booked. It was the difficulty of carrving out the provisions of this section that
induced the appointment of the country shop assistants board, which fixes a flat rate for
all shop assistants in the districts to which the determination extends, whether they be
drapers, grocers, or fancy goods sellers, etc., as it was considered impossible to allocate
the time in a country store to each of the many classes of employment.
Compare section 141 (6) as to payment of a pro rata amount for less hours worked than
those fixed by the board and section 168.
* The court of industrial appeals has power to amend a special board’s determination.
(See section 176 (6).)
No change should be made in the determination of a board or of the court of industrial
appeals unless on some ground tvhich may reasonably be considered as permanent, or at
least likely to last for some considerable time. Mr. Justice Hood, In re the Bread Board,
13 A. L. R., 589.
3 This provision became law on Sept. 27, 1897, by virtue of section 6 of the factories
and shops act, 1897 (No. 1518), and the power of suspension was exercised on only one
occasion. On Nov. 25,1897, the governor in council suspended the first determination of
the boot board, whienwas made on Nov. 3,1897, and was to come into force on Nov.
29,1897.
M INIM UM -W AGE LAWS— VICTORIA.
210
published in the Government Gazette Dr not) is so suspended it shall be
the duty of such special board to forthwith hear receive and examine
evidence as to such determination, and thereupon such special may
either adhere to the said determination or may make such amendments
therein as to such board seems proper.
(2) In the event of such special board making any such amendments, Publicatfon of
such determination as so amended shall forthwith be published in the Nation.
Government Gazette and shall for all purposes be deemed and taken to
be the determination of such special board from such date as may be
fixed in such amended determination, and the suspended determina
tion shall thereupon have no further force or effect.
(3) In the event of such special board notifying the minister that Removal of sussuch board adheres to its determination without amendment such sus- penslon‘
pension of the operation of such determination shall by an order in
council published in the Government Gazette be revoked from such
date not later than 14 days as may be fixed in such order.
S ec . 173. Where the minister is satisfied that an organized strike or Power to susindustrial dispu te is about to take place or has actually taken place in strike.111 0858
connection with any process trade business occupation or employ
ment as to any matter which is the subject of a determination of a
special board or of the court of industrial appeals the governor in
council may b y order published in the Government Gazette suspend 1
for any period not exceeding 12 months the whole or any part or parts
of such determination so far as it relates to the matter in reference to
which such organized strike or industrial dispute is about to take place
or has taken place, and such suspension may at any time by an order
published in the Government Gazette be removed by the governor in
council or altered or amended in such manner as he thinks fit.
P a r t V III.— C o u r t op I n d u s t r i a l A p p e a ls .
S ec . 174 (as amended by section 51, act No. 2558, November 2,1914). Constitution of
(1) There shall be a court of industrial appeals for deciding all appeals 00
against a determination of a special board and for dealing with any
determination of a special board referred to the court by the minister.
(2) Such court shall consist of a president and two other persons.
(3) A court of industrial appeals consisting of the president and of Court constitwo other persons as aforesaid shall be constituted from time to time cSuiicilJ
1m
as occasion requires by order in council published in the Government
Gazette.
(4) (a) The president—
. President to sit
(i) Shall be such one of the judges of the supreme court as the gov- i n d u s t r ia lSapernor in council appoints;
peals.
(ii) Shall be entitled to hold office as president for such period as the
governor in council thinks fit; and
(iii) Shall sit in every court of industrial appeals constituted from
time to time.
(b)
The two other persons, constituting a court of industrial appeals Tw0 other pershall be such persons as are appointed by the governor in council upon occasion r e q iS S
nomination as hereinafter provided; but they shall act only in the
court of industrial appeals for which they are appointed.
(5) (a) When a determination of a special board is appealed against Nomination of
in accordance with the provisions of this act or is referred by the min- sm^employeS
ister for the consideration of the court of industrial appeals then within and employees on
21 days from the date of the appeal or the reference (as the case may court.
be)—
The representatives of the employers on such special board shall
nominate one person to represent the employers, and
The representatives of the employees shall nominate one person to
represent the employees.
(b) Nominations shall be made in writing and shall be forwarded to
the minister.
(c) Only persons who are bona fide and actually engaged in the trade
concerned or have been so engaged for at least six months during the
three years immediately preceding such nomination shall be eligible
for nomination.
i The power of suspension under section 173 has never been exercised.
220
BULLETIN OP THE BUREAU OP LABOR STATISTICS.
Default of nom
(6) If default is made in nominating an eligible person to represent
ination.
the employers or the employees (as the case may be) or if any vacancy
Vacancies.
in a court occurs by reason of death, resignation, incapacity, refusal to
act, or otherwise, the minister may nominate some similarly qualified
person to represent the employers or the employees (as the case may
require) on such court.
President and
(7) The president and the two other persons constituting a court of
two other persons
to hear appeals industrial appeals shall hear and determine every appeal and refer
ence to such court; and subject to this act a majority shall decide.
and references.
Remuneration
(8) Every person appointed to represent the employers or the em
of persons repre ployees on a court of industrial appeals shall be paid a fee of £2 ($9.73)
senting employ
ers and employ for every full day of attendance at such court.
ees on court.
(9) (a) Subject to the public service acts the governor in council
may appoint a registrar of the court of industrial appeals who shall be
an officer of the factories branch of the department of the chief secretary.
Registrar.
(b)
The registrar shall attend the sittings of the court of industrial
appeals.
Rules of prac
(10) The governor in council may make general rules to carry into
tice.
effect the provisions of this act with respect to the court of industrial
appeals and in particular with respect to the summoning of and pro
cedure before any such court and tne publication of such rules. Sub
ject to such rules (if any) the court may regulate its own procedure.
(11) In the construction of the factories and shops acts any refer
ence to the court of industrial appeals shall (unless inconsistent with
the context or subject-matter) be deemed to include a court of indus
trial appeals constituted from time to time as aforesaid.
Principles as to Sec. 175. Where any determination made by a special board either
Sons
ermina" before or after the commencement of this act is being dealt with by
the court, such court shall consider whether the determination appealed
against has had or may have the effect of prejudicing the progress main
tenance of or scope of employment in the trade or industry affected by
any such price or rate; and if of opinion that it has had or may have
such effect the court shall make such alterations as in its opinion may
be necessary to remove or prevent such effect and at the same time to
Living wage, secure a living wage to the employees in such trade or industry who are
affected by such determination.
A p p e a l to
S e c . 176. (1) Notwithstanding anything contained in this act a
court.
majority of the representatives of employers or a majority of the repre
sentatives of employees on any special board or any employer or group
of employers who employ not less than 25 per cent of the total num
ber of the workers in any trade or 25 per cent or more of the workers
in any trade, may at any time in the prescribed manner appeal against
such determination to the court. For the purposes of this subsection
the court shall accept the records given b y the chief inspector in his
latest annual report.1
(2) The minister may without appeal at any time after the making
of a determination by a special board refer such determination for the
consideration of the court and may also refer any appeal made as herein
before provided for the consideration of the court.
(3) No appeal against or reference to the court of a determination
which has been published in the Government Gazette shall have the
effect of suspending or delaying the operation of such determination.
(4) Every determination of a special board referred to the court by
the minister and such documents relating thereto as may be deemed
necessary shall be forwarded by the chief inspector to the registrar of
of the court.
(5) Except as hereinafter provided no barrister and solicitor or agent
shall be allowed to appear before or be heard by the court. B y the
direction of the court or with the consent of both parties to the appeal
or reference either party may at its own cost be represented by a barris
ter and solicitor or agent. In appeals by a minority of employers or
1The power given by this section is to be distinguished from the power to challenge a
determination before the supreme court under section 171post, in which latter case it is only
challengeable for illegality. While the court is considering the determination the board
has no powers whatever, nor has it any power to alter or amend the determination after
wards until such time as it obtains leave to do so from the court under subsection (9) of
this section. Compare section 180.
M INIM UM -W AGE LAWS---- VICTORIA.
employees as provided under subsection (1) of this section the court
may give such directions for the representation of parties as may in
the circumstances appear to be proper.
(6) The court shall have and may exercise all or any of the powers
conferred on a special board by this act and may either increase or
decrease any prices or rates of payment (whether piecework prices or
wages rates) and shall have full power to amend the whole or any part
of any determination of a special board.1
(7) The court shall have and may exercise in respect of the summon
ing sending for and examining of witnesses, documents and books in
respect of persons summoned or giving evidence before the court the
same powers as are by the evidence act 1890 conferred on a board or
commission appointed or issued by the governor in council: Provided,
however, That every summons to attend the court may be signed by
the registrar.
(8) No evidence relating to any trade secret or to the profits or finan
cial position of any witness or party shall be disclosed or published
without the consent of the person entitled to the trade secret or non
disclosure.
(9) The determination of the court shall be final and without appeal
and may not be reviewed or altered by a special board without leave
of the court, but the court if satisfied upon affidavit that a prima facie
case for review exists may either give such leave or may direct a
rehearing before the court, when the court may itself alter or amend
its determination.
(10) The determination of the court shall be forwarded to the min
ister by the registrar.
1 An appeal to the court of industrial appeals from the determination of a wages board
is in the nature of a rehearing, and the court is not confined to a consideration of the
materials which were before the board in coming to a conclusion as to what should be
the minimum wage in the trade, process, or business for which the special board was
appointed. Mr. Justice Hood, In re the Bread Board, 13 A. L. R . 589. Mr. Justice
Hodges, In re the Ice Board, 16 A. L . R . 46.
Appended is a list of the cases in which determinations were referred to the court of
industrial appeals.
On September 14, 1904, an appeal was made to the court by a group of six employers
against the determination of the artificial manure board on the ground that the wage
for adults, 40s. 6d. ($9.85), was too high, and it was suggested that 36s. ($8.76) be not
exceeded. The court fixed the wages of adults at 36s. ($8.76) per week.
On September 17, 1906, the determination of the fellmongers board was appealed
against by the representatives of employers on that board, who stated that the hours
should be 54, and not 48, and that the proportion of improvers should be increased.
The court fixed the number of hours per week at 54, but did not alter the proportion
of improvers.
Again, on October 2,1906, the court was appealed to by the employees, and as a result,
in 1909 the court fixed the hours at 48 per week instead of 54, and some of the rates fixed
at 42s. ($10.22) were amended to 45s. ($10.95).
On October 11,1906, the representatives of employers on the printers’ board appealed
against the board’s determination, stating that the condition of the trade did not then
warrant an increase in wages. The court dismissed the appeal and upheld the deter
mination of the board.
The starch board being unable to arrive at a determination, the matter of determining
the wages of the employees in that trade was referred by the minister of labor to the
court of industrial appeals, and the court drew up a determination, which came into
force on June 29,1907.
On August 15, 1907, the employers’ representatives on the bread board appealed
against the increase in wages in the determination of the board. The court dealt with
the matter, and in its determination, which came into force on September 15, 1907, the
minimum wage of 54s. ($13.14) was altered to 50s. ($12.17) per week.
On November 12,1909, an appeal against the determination of the ice board was made
by the representatives of employers on that board, who considered that the rate for
chamber hands, Is. 3d. (30.4 cents) was too high. The court amended the wage and
fixed it at Is. (24.3 cents) per hour.
On November 16, 1909, three representatives of employers on the hairdressers’ board
appealed against the determination of their board, on the grounds that the minimum
wages of certain male and female workers were too high and that the proportion of
improvers was too low. As a result of their representations, the proportion of improvers
was amended by the court, but the minimum wages fixed for males and females were
upheld.
On July 24, 1912, an appeal was lodged by the representatives of employers on the
boilermakers’ board against a rate of 54s. ($13.14) fixed for a certain class of laborers.
A supplementary appeal was lodged on August 15,1912, against a rate of 48s. ($11.68)
fixed for another class of laborers. The court fixed four rates for laborers at 54s., 52s.,
50s., and 48s. ($13.14, $12.65, $12.17, and $11.68), respectively.
On December 21, 1912, the minister of labor referred the first determination of the
commercial clerks* board for the consideration of the court, more particularly with
regard to rates to be paid to female typewriters. No decision has yet been given.
221
222
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
S ec . 178 (as amended b y section 52, act No. 2558, Nov. 2, 1914).
(1) The minister shall cause each determination of the court to be
published in the Government Gazette and such determination shall
apply to every part of Victoria to which the referred determination
applies or is expressly applied.
(2) The production before any court judge or justice of a copy of the
Government Gazette containing a determination of the court shall be
conclusive evidence of the making and existence of such determina
tion and of the constitution of such court and of all preliminary steps
necessary to the making of such determination.
(3) The provisions of this act for or relating to the enforcement of
any determination of a special board shall equally apply to any deter
mination made by the court, and such provisions shall with such substi
tutions as may be necessary be read and construed accordingly.
S e c . 179 (as amended by section 53, act No. 2558, Nov. 2, 1914). A
determination of the court of industrial appeals may be dealt with by
the governor in council in the same way in every respect as if it were a
determination of a special board,
Court may reS e c . 180. The court of industrial appeals may revise or alter its own
vise or alter
determination at any time and from time to time on the application of
terminations.
either the representatives of employers or representatives of employees
on the special board.
Powers
ot
S e c . 181 (as amended by section 54, act No. 2558, Nov. 2, 1914). In
president of court. a(jdition
the powers otherwise conferred upon the court of industrial
appeals, the saia court shall have all the powers of the supreme court
which last-mentioned powers shall be exercised only by the president;
and the court of industrial appeals shall in every case be guided by
the real justice of the matter without regard to legal forms and solem
nities and shall direct itself by the best evidence it can procure or
that is laid before it whether the same be such evidence as the law
would require or admit in other cases or not; and if the court considers
any further evidence or information which would assist the court could
be obtained, the court shall intimate in open court what further evi
dence or information the court desires.
Publications,
P a r t I X .— A p p r e n t i c e s a n d I m p r o v e r s .
(1 )
a p p r e n t ic e s
and
im p r o v e r s .
Special boards
S e c t i o n 182. (1) When determining any prices or rates of payment
aDDrenticS and every special board shall also determine—
improvers, etc.
(a) The number or proportionate number of apprentices and improv
ers who may be employed within any factory or shop or place or in any
process trade business or occupation;1 and
(b) The lowest prices or rates of pay payable to apprentices or im
provers when wholly or partly preparing or manufacturing any articles
as to which any special board has made or makes a determination or
when engaged in any process trade business or occupation as to which
any special board has made or makes a determination.2
Board to con(2\ The board when so determining may—
aad experience^
W Take into consideration the age, sex, and experience of such appentices or improvers;
(ib) Fix a scale of prices or rates payable to such apprentices or im
provers respectively according to their respective age sex and experi
ence; and
(c) Fix a different number or proportionate number of male and
female apprentices or improvers.
1It will be noted that a board is given power to determine the number or proportion
ate number of apprentices and improvers who may be employed—
(1) In any factory or shop or place;
(2) In any process, trade, business, or occupation.
Boards have always fixed the number with reference to a factory, shop, or place, or with
reference to an individual employer. It is difficult to see how a fixing of the number in
a process, trade, business, or occupation could be practically administered, seeing that
there would be no means of deciding how many improvers or apprentices any particular
employer would be entitled to.
2 Any improver may, at the option of his employer, be put to any class of work. It is
allowable for a board to fix varying rates for improvers according to the work at which
they are employed. The case is different, however, regarding apprentices. An appren
tice has to be taught the whole of the trade to which he is apprenticed, and omy one
scale of payment can be fixed, no matter what his work.
M INIM UM-W AGE LAWS---- VICTORIA.
223
(d) Prescribe the form of apprenticeship indentures to be used.
(3) In fixing the number or proportionate number of apprentices the
board shall not fix a less number or proportionate number than one ap
prentice for every three or fraction of three workers engaged in the par
ticular process trade business or occupation and receiving the mini
mum wage or earning at piecework not less than the minimum wage
fixed for the time by such determination.
(4) Provided that where prior to the 4th day of January, 1911, all the
apprentices of any employer have been engaged so that all of their terms
of apprenticeship would expire within 18 months of one another, such
employer shall be exempt from the operation of this act and from the
determination of any special board so far as limitation of apprentices is
concerned for a period not exceeding the term of apprenticeship in the
particular trade from the said 4th day of January, 1911, so that it shall
be lawful during such period as each apprentice of such employer com
pleted his first, second, third, fourth, fifth, or sixth year, for the em
ployer to take another apprentice to supply his place, so that a due and
not disproportionate number of skilled workmen shall be secured:
Provided, That at the expiration of such period of exemption the number
of apprentices is not in excess of the number such employer would be
entitled to employ in proportion to the number of persons other than
apprentices and improvers employed.
Sec. 183. No person who has a greater number of apprentices in his Act not contraemploy than is prescribed in the determination of a special board shall Sse®. m certain
be or be deemed to be guilty of a contravention of this act if he proves—
(a)
That such apprentices employed by him were under indentures
of apprenticeship entered into before the 31st day of December, 1910; or
(5) That the date of entering into the indentures of apprenticeship in
respect to the last apprentice employed by him and for three months
previous thereto he had in his employ such number of persons other
than apprentices and improvers as at that date entitled him to the num
ber of apprentices (including such last apprentice) in his employ.
Sec. 184. Where any indentures of apprenticeship are entered into Wages of apwith respect to any trade to which the determination of a special board Prentlcesapplies and the wages to be paid to the apprentice are stated in such
indentures then notwithstanding anything contained in this act and
notwithstanding any subsequent alteration of such determination by
such special board the wages to be paid to such apprentice during the
currency of such indentures shall be the wages stated in the indentures.
Sec. 185. (Act 2386.) (Repealed by section 4, act 2447.)1
(2)
APPRENTICES.
Section 186. Where any apprentice 2 under the age of 21 years has Determinations
been bound in writing by indentures of apprenticeship for a period of ^ appreiiticef"
not less than two years, no provision in any determination of a special
board shall invalidate cancel or alter such deed of apprenticeship in
any way whatever if such deed of apprenticeship was signed by all
parties thereto before the notice of motion for the resolution for the
appointment of such special board was given in either House of
Parliament.
S e c . 187. (1) No indenture of apprenticeship shall be deemed to be A b s e n c e ot
invalid under this act by reason only that such indenture is not under
*
seal.
(2)
No indenture of apprenticeship shall be entered into after the
passing of this act in connection with any trade working under this act
except in the form 3 (if any) prescribed by any special board dealing
with such trade and approved of by the minister.
1Section 185 was a machinery section designed in the consolidating act to provide
against the expiry of sections 182,183, and 184, which were only in force till December
31,1912. The repeal of section 185 merely has the effect of making sections 182, 183, and
184 permanent.
2 Section 5 defines “ Apprentice. ”
“ Apprentice ” means any person under 21 years of
age bound by indentures of apprenticeship or any person over 21 years of age who with
the sanction of the minister is bound by indentures of apprenticeship.
3 The power of a special board to prescribe the form of indenture will be found in sec
tions 141 and 182.
224
BULLETIN OF THE BUBEAU OF LABOR STATISTICS.
S ec. 188 (as amended by section 31, act No. 2558 November 2,
Failure to carry 19 14 ). ( i ) Any failure either b y an employer or an apprentice to
denture?18
m~carry out the terms of an indenture of apprenticeship shall be deemed
to be a contravention of this section.1
(2) When the minister is satisfied that there is any such failure either
by an employer or apprentice he may direct that proceedings shall be
instituted against the employer or apprentice, as the case may be.
(3) A court of petty sessions may for any such contravention—
Penalty.
(a) Impose a penalty not more than £10 ($48.67) and in addition—
Power of court
(&) Order the defendant to enter into a recognizance within 14 days
rSzancelncertain in any sum of not more than <£50 ($243.33) with such sureties as the
cases.
court thinks fit of not more than £50 ($243.33), each to carry out the
terms covenants and conditions of the indentures; and may further
order that in default of entering into the recognizance as aforesaid the
person or persons in default be imprisoned for a term of not more than
one month unless such recognizance be sooner entered into and for a
second or subsequent contravention impose a penalty on the defend
ant of not more than £25 ($121.66) and in addition may estreat the
recognizance (if any).
(c)
Or impose on any employer a penalty not more than £25 ($121.66)
if the court is satisfied that tne apprentice has not been taught the
trade in accordance with the indenture of apprenticeship and that the
employer has not given to the court any satisfactory explanation of
such failure to teach the apprentice the trade. The whole or any part
of such penalty may be applied for the benefit of the apprentice or other
wise as the minister determines.
Power to bind S e c . 189. The minister may grant permission in writing to any
ticesain appr6n" person—
(а) To be bound for less than three years as an apprentice to any
trade subject to the determination of a special board;
(б) Who may become over 21 years of age during the term of his
apprenticeship to complete the term of his apprenticeship;
(c)
Who is over 21 years of age to be bound by indentures of appren
ticeship.2
Apprentices for
Sec. 190. Except in cases where the minister has given his permisyears.6r
sion in writing as aforesaid all apprentices unless bound by indentures
of apprenticeship which bind the employer to instruct such apprentice
for a period of at least three years shall be deemed to be improvers for
the purposes of this act.3
(3) PROHIBITION OF CERTAIN PREMIUMS A N D G U ARANTIES.
No premium S e c t i o n 191. Any person who either directly or indirectly or by any
prentices or im- pretense or device requires or permits any person to pay or give or who
provers.
receives from any person any consideration premium or bonus for
engaging or employing any female as an apprentice or improver in pre
paring or manufacturing articles of clothing or wearing apparel shall be
1Where either an employer or an apprentice considers that the other is committing a
breach of any of the covenants full information should be sent to the chief inspector of
factories with the duplicate copy of the indenture. Inquiry will then be made, and
steps taken by the officers of the factories department to enforce observance of the agree
ment.
2Any person of working age and under 21 can enter into apprenticeship for a term of
three years or over in any trade subject to the determination of a special board, but if it is
desired that the term of apprenticeship be less than three years, an application should be
made to the minister of labor, on the form provided for that purpose, which may be
obtained at the office of the chief inspector of factories. That permission will be granted
freely in case it is desired to enable a young worker to complete nis experience in his trade.
If, lor instance, he had served three and analf years’ apprenticeship to one employer, and
desired for any reason (his first indentures having expired or been canceled) to complete
five years’ experience by serving one and a half years with another employer, he would
be granted permission as a matter of course. If, on the other hand, he had no experience,
and wished to be bound newly to a trade for less than three years, the minister would
require strong reasons for permitting apprenticeship for a term which would be con
sidered too short to enable him to completely master his craft. A form of application
under any of the paragraphs of this section may be obtained at the office of the chief
inspector of factories.
3Section 5 defines “ improver.” “ Improver” means any porson (other than an
apprentice) who does not r3ceive a piecework price or a wage rate fixed by any special
board for persons other than apprentices or improvers and who is not over 21 years of age
or who being over 21 years of age holds a license from the minister to be paid as an
improver.
M INIM UM-W AGE LAWS— VICTORIA.
225
guilty of an offense and shall be liable on conviction to a penalty not
more than £10 ($48.67); and the person who pays or gives such con
sideration premium or bonus may recover the same m any court of
competent jurisdiction from the person who received the same.
S ec . 192. Any shopkeeper (other than a registered pharmaceutical N° prenrium to
chemist) who either directly or indirectly or by any pretense or device shopkSper
requires or permits any person to pay or give him or who receives from
any person any consideration premium or bonus for engaging or
employing any person in connection with the selling of goods or in con
nection with the business of a hairdresser or barber as an apprentice or
improver in a shop shall be guilty of an offense and shall be liable on
conviction to a penalty not more than £10 ($48.67); and the person who
pays or gives such consideration premium or bonus may recover the
same in any court of competent jurisdiction from the person who
received the same.
S ec . 193. (1) Except with the consent of the minister in writing, no Certain guaranperson shall require or permit any person to pay any sum of money or
g
enter into or make any guaranty or promise requiring or undertaking
that such person shall pay any sum of money in the event of the
behavior or attendance or obedience of any apprentice improver or
employee not being at any time satisfactory to the employer.
(2) Any such guaranty or promise as aforesaid or to the like effect
entered into or made after the commencement of this act without the
consent of the minister as aforesaid shall be null and void, and any
person who without such consent makes or requires such guaranty or
promise shall be liable on conviction to a penalty not exceeding 10
pounds.
(3) Any sum which after the commencement of this act is paid in
pursuance of such a guaranty or promise as aforesaid or to the like
effect made in contravention of this section shall be returned to the
person paying same; and the person who has so paid any such sum may
if the same is not returned to him on demand recover the same with
costs in any court of competent jurisdiction from the person who
received the same.
(4) IM PROVERS.
S e c t i o n 194. The minister is hereby authorized to grant to any License to imperson over 21 years of age who has satisfied him that such person has yeSJsSd.°Ver
not had the full experience prescribed for improvers by the special
board a license1 to work as an improver for the period named in such
license at the wage fixed by the board for an improver of any like
experience.
P a r t X .—M is c e lla n e o u s .
(7) OLD, SLOW, AND INFIRM WORKERS.
S e c t i o n 202. (1 ) If it is proved to the satisfaction of the chief Aged, slow, or
inspector that any person by reason of age slowness or infirmity i s lnlirm wor ers‘
unable to obtain employment at the minimum wage fixed by any
special board, the chief inspector may in such case grant to such aged
or infirm or slow worker a license2for 12 months to work at a less wage
(to be named in such license) than the said minimum wage, and such
license may be renewed from time to time.
1 This license should always be produced at the chief inspector’s office when appli
cation is made for renewal.
2 These licenses are only granted in extreme cases to people who, through age, some
physical or mental defect, or through some permanent weakness, are unable to do any
thing like an average day’s work. They are not granted to any but persons who have
served in and learned the trade for which they desire a license. For example, a laborer
would not be granted a license to work as a slow worker in the saddlery trade, nor
would an old or infirm saddler be allowed in the bootmaking trade. Applications
should be backed up by full information as to the age, slowness, or infirmity oi the appli
cant, and should be made on the form supplied for tnat purpose at the office of the chief
inspector of factories in Melbourne. It should further be remembered that these appli
cations should not properly be granted on the ground of inexperience at the trade. In
that case an improver’s license (sec. 194, ante) is more applicable. Within the metro
politan district the applicant should, if possible, attend at the chief inspector’s office to
make the application.
82843°— Bull. 167— 15-------15
226
B U L L E T IN
OF T H E B U R E A U
OF LA BO R S T A T IS T IC S .
(2) The number of persons so licensed as slow workers employed in
any factory shall not without the consent of the minister exceed the
proportion of one-fifth of the whole number of persons employed in
such factory at the minimum wage fixed for adults or at piecework
prices: Provided, That one licensed slow worker may be employed in
any registered factory and any person who without such consent, em
ploys any greater number than such proportion shall be guilty of a
contravention of this act.
(3) Any person who, either directly or indirectly or by any pre
tense or device pays or offers to pay or permits any person to offer or
ay any such aged or infirm or slow worker at a lower rate than that
xed by the chief inspector in such license shall be deemed to be
guilty of a contravention of this act.
(4) In the event of the chief inspector refusing to grant such license
such person may appeal to the minister who may grant such license
in the place of such inspector.
E
P a r t X I I .— O f f e n s e s . P e n a l t ie s ,
and
L e g a l P r o c e e d in g s .
Two justices t°
S ection 219 (as amended by section 36, act No. 2558, November 2,
thl^act8 u r 1914). Where any person is charged with an offense against this act,
such charge shall be heard before and all penalties imposed jby this
act shall be recovered before a court of petty sessions consisting of a
police magistrate sitting either with or without justices; and where in
this act it is provided that anything may be done by any justices the
same shall be done by a police magistrate either with or without any
other justice or justices.
P roceedin gs
S e c . 220 (as amended by section 37, act No. 2558, November 2,1914).
against offenders. ^ Every ottense against the provisions of this act shall be reported to
the minister, who may if he think fit direct proceedings to be taken
against the offender and all courts shall take judicial notice of the
signature of every person who is or shall be, or shall have been minis
ter, chief inspector of factories and shops or assistant chief inspector
of factories and shops to every document required to be signed for the
purposes of the factories and shops acts.
(2) All proceedings directed to be taken by the minister against any
erson for contravening any of the provisions of this act may be taken
y any member of the police force or by any inspector.
(3) Where the minister has directed proceedings to be taken against
any offender, if the court or justices amend the information warrant
or summons for any variance between it and the evidence on the part
of the prosecution, such direction of the minister shall be sufficient
authority for the continuance of the proceedings against the offender
after such amendment thereof by the court or justices.
Defense.
S e c . 221. In proceedings before courts of petty sessions for any con
travention of the provisions of this act it shall not be a defense that the
occupier of a factory or shop was not in the State at the time an alleged
offense against any provision of the said act was committed; and for any
Service of sum- such contravention service of a summons by leaving the same with
monh‘
some person apparently of the age of 16 years or upwards at the usual
lace of business in Victoria of the person named in such summons shall
e deemed to be good and sufficient service thereof.
General proviS e c . 222 (as amended by section 38, act No. 2558, November 2,1914).
ceedings °before
following provisions shall have effect with reference to proceecljustices.
ings before courts of petty sessions for offences under this act:
(a)
The information if for any offense in connection with the prepa
ration or manufacture or stamping of furniture or the unlawful paying
or receiving any sum of money in connection with the employment of
an apprentice or improver, shall be laid within 12 months after the
commission of the offense; and if for any other offense shall be laid
within two months after the commission thereof;
(g)
In proceedings against any person for employing any apprentices
or improvers in excess of the number or proportionate number as deter
mined by a special board, the onus of proof that the provisions of
this act and of such determination with regard to the number or propor
tionate number of apprentices or improvers who may be employed have
been complied with shall in all cases be on the defendant;
E
E
MINIMUM/-WAGE LAWS---- VICTORIA.
227
(i)
The onus of proof that the person named in a summons as an em
ployee of the defendant in a certain capacity was not employed in the
capacity named in such summons shall m all cases be on the defendant.
S e c . 223. The production before any court judge or justices of a Evidence of de
copy of the Government Gazette containing the determination of any
special board shall be conclusive evidence of the due making and exist
ence of such determination and of the due appointment of such board and
of all preliminary steps necessary to the making of such determination.
S e c . 224. When any determination of a special board is amended or E f ^ ect. ° *
repealed, such amendment or repeal shall not directly or indirectly dSermtaation.
affect any legal proceedings of any kind theretofore commenced under
the provisions of this act for any breach of such determination or any
right existing at the time of such amendment or repeal under the pro
visions of this act.
S e c . 225 (as amended by section 39, act No. 2558, November 2,1914).
Power to reWhere any employer employs any person who does any work for him
special
for which a special board has determined the lowest prices or rates, then board,
such employer shall be liable to pay and shall pay in full in money
without any deduction whatever to such person the price or rate so
determined, and such person if he has made demand in writing on
such employer within two months after such money became due may
within 12 months after such money became due take proceedings in
any court of competent jurisdiction to recover from the employer the
full amount or any balance of such sum so demanded due in accord
ance with the determination, any smaller payment or any express or
implied agreement or contract to the contrary notwithstanding.1
S e c . 226 (as amended by section 40, act No. 2558, November 2,1914).
p
a 1* X f 0 r
(1) Where a price or rate of payment for any person or persons or classes mtoation.
er"
of persons has been determined by a special board ana is in force, then
any person—
(a) Who either directly or indirectly, or under any pretense or device,
attempts to employ or employs or authorizes or permits to be employed
any person, apprentice, or improver at a lower price or rate of wages or
piecework (as the case may be) than the price or rate so determined; or
(b) Who attempts to employ or employs or authorizes or permits to
be employed any apprentice or improver in excess of the number or
proportionate number so determined; or
(c) Who is guilty of a contravention of any of the provisions of this
act with relation to any special board’s determination or of a contra
vention of any of the provisions of Part V I I or of section 202 of this act
shall be guilty of an offense 2 against this act, and shall on conviction
be liable to a penalty for the first offense of not more than £10 ($48.67),
and for the second offense of not less than £5 ($24.33) nor more than
£25 ($121.66), and for the third or any subsequent offense of not less
than £50 ($243.33) nor more than <£100 ($486.65).
Provided, That the minister may permit any student of the Univer- Permission for
sity of Melbourne or any student taking full day courses of technological to acqu^e pracstudy at any workingmen’s college or any school of mines or any other tical knowledge
technical college or technical school in Victoria to enter and work in in factories, etc.
any factory shop or place during the time he is a student at any such
institution for the purpose only of acquiring practical knowledge and
skill in the trade carried on in such factory shop or place; notwith
standing that he is not paid the rates provided by any determination
in force in the trade concerned.
1Under this section an employee may sue for his wages at any time within 12
months. The time within which the factories department can prosecute for an offense
is, however, limited by section 222 to two months, and in some cases to 6 and 12
months. It is very essential, therefore, that any employee who is being underpaid
should be given information promptly, so as to allow sufficient time to make the necessary
inquiries in connection with the preparation of the case. A case in point was where
information was given after the lapse of one month. The employer in the country was
really a trustee living in a different country town. Before the inspector had ascertained
the facts in the case and the real parties to proceed against, the remaining month had
expired, and the employee had to oe left to lake his own proceedings. Moreover, if
claims are allowed to become stale, experience shows that they are more difficult to sub
stantiate. Compare section 232 post.
2 A saddler was engaged by the employer's foreman to do piecework at a lower rate of
pay than that fixed by the saddlery ooard. The employer, a member of the saddlery
board, paid the rates as agreed. Held, that there was evidence of every element of the
offense created by the section, and that the defendant was rightly convicted. Billingham v. Oaten (1911), V. L. R . 44,17 A. L. R. 36.
228
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Power for court
Sec. 232. A court of petty sessions in addition to imposing a penalty
of arrear^aym6n f ° r a contravention of any of the provisions of this act or the regulations
made thereunder or of a determination of a special board may order the
offender to pay to any person in respect of whom he has been convicted
of a contravention as aforesaid and who is or has been in his employ
such sums for arrears of pay or overtime or tea money (for any period
not exceeding 12 months) 1 as the court may consider to be due to such
person and any such sum may be recovered by distress and in default of
payment the offender shall be liable to imprisonment for a term not
more than three months with or without hard labor.
BischargS forSec. 239. Any employer who dismisses from his employment any
bidden.
employee by reason merely of the fact that the employee—
(a) Is a member of a special board; or
(b) Has given information with regard to matters under this
act to an inspector; or
(c) Has after having given reasonable notice to his employer of
his intention absented himself from work through being engaged
in other duties as member of a special board
shall be liable to a penalty not more than £25 ($121.66) for each em
ployee so dismissed.
P a r t X I I I .— R
Regulations.
e g u l a t i o n s .2
S ection 242. The governor in council may by order published in the
Government Gazette make regulations—
For prescribing the provisions of this act and regulations thereunder
to be posted in factories, and the forms of and particulars to be given
in records to be made or kept b y occupiers of factories;
For requiring occupiers oi factories to furnish all information neces
sary for preparing lists and rolls of electors none of whom shall be under
the age of 18 years for special boards, and for determining the mode of
preparing such lists and rolls and the mode of electing members of
such boards, the appointment and duties of returning officers and the
times and places of meeting of special boards and their mode of pro
cedure;
For imposing penalties not exceeding £5 ($24.33) on any person fail
ing or neglecting to comply with any regulations made under this act;
For prescribing the rates of pay to be given to the chairman and to
members of special boards for attendance at the meetings of such
boards; and
Generally for the better carrying out of the provisions of this act.
R
e g u l a t io n s
under
th e
F a c t o r ie s
and
Shops A
c t s .3
Whereas b y the factories and shops acts it is enacted that the governor
in council may, b y order published in the Government Gazette, from
time to time, make, alter, and repeal regulations for the purposes therein
mentioned, and generally for carrying into effect the provisions of the
said acts: Now therefore his excellency the governor of Victoria,
with the advice of the executive council thereof, doth b y this order
repeal the regulations made on February 14, 1911, and on August 4,
1911, under the provisions of the factories and shops acts, and doth
make the following regulations— that is to say:
1A comparison of this section with section 225 ante shows that there are two methods
by which an employee may obtain through the court wages due to him. Under this sec
tion an employer must be convicted in a prosecution against him taken by the chief in
spector of factories to enable the court to order payment of all arrears. Under section
225 the employee himself must issue a civil summons for the recovery of his wages.
Compare section 226 ante and footnote thereto.
2 The validity of the regulations made or purporting to be made under the provisions
of this act can only be tested before the supreme court.
* The law relating to factories and shops in Victoria, compiled by H. M. Murphy, chief
inspector of factories and shops. Melbourne, 1913, pp. 123 et seq.
M INIM UM-W AGE LAWS---- VICTORIA.
C h a p t e r I.
e l e c t in g
m em bers
of
s p e c ia l
boards.
S e c t i o n 137.
1. The chief inspector shall prepare rolls of electors, none of whom
shall be under 18 years of age, in the form of Schedule I hereto, and
each employer and each employee shall have one vote.
Employers to forward lists.
2. Every employer (whenever by notice in writing required by the
chief inspector so to do) shall forward a list of persons employed by
him in the form of Schedule II.
Employer’s rolls.
3. The employer’s rolls for occupations usually carried on in a factory
shall be prepared from the register in the factories office, for all other
occupations, from the lists forwarded b y employers in accordance with
section 137 (4) of the factories and shops act 1912.
Employee’s rolls.
4. The roll of electors for employees shall in all cases be prepared from
lists specially obtained from employers in each case.
Enrolling employees.
5. Every employee, not under 18 years of age, whose name has been
omitted, and who will be affected by the board to be appointed, who
produces evidence to the satisfaction of the chief inspector that his
ordinary occupation when at work is employment in the process, trade,
business, or occupation in regard to which the lowest prices or rates oi
payment are to be determined by any special board shall be enrolled
as an elector of representatives of employees on such special board.
Notice.
6. The chief inspector shall notify every elector enrolled for the pur
poses of a special board that his name has been duly enrolled.
Appeal.
7. If the chief inspector fail, neglect, or refuse to enter any person’s
name on the elector’s roll, such person may appeal to the minister, who
may direct the chief inspector to enter such person’s name as an elector
on the roll, or may dismiss the appeal, and such decision shall be final.
8. No person shall be entitled to be enrolled both as an elector of rep
resentatives of employers and as an elector of representatives of
employees.
Datesfor election.
9. When an election is necessary and the rolls of electors have been
prepared as herein prescribed the minister may by notice in the Gov
ernment Gazette appoint a day on or before which nominations of can
didates for election may be received by the returning officer, and a day
for the election of candidates should the number of nominations exceed
the number of vacancies to be filled.
10. The undersecretary shall be returning officer for the purposes of
the election of any special board, and he may, by writing under his
hand, appoint a substitute to act for him.
11. The returning officer, the substitute returning officer, and every
clerk employed to count the votes at any election shall, before enter
ing on any of his duties, make and sign before some justice the following
declaration:
229
230
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Oath.
I , --------------------- , do solemnly declare that I will faithfully and impar
tially, according to the best of my skill and judgment, exercise and
perform all the powers, authorities, and duties reposed in or required
of me by the regulations under the factories and shops acts, as returning
officer (or substitute of the returning officer, or clerk employed in count
ing the votes) for the election of special boards.
And I do further solemnly promise and declare that I will not, at
any such election, attempt to ascertain, save in cases in which I am
expressly authorized by law so to do, how any person has voted; and
that if in the discharge of my said duties at or concerning any such poll,
I learn how any person votes, I will not, by word or act, directly or
indirectly, divulge or discover the same, save in answer to some ques
tion which I am legally bound to answer.
Nominations.
12. Every candidate as a representative of employers on any special
board shall be nominated, in writing, by 10 electors, and every candi
date as a representative of employees on any special board shall be
nominated, m writing, by 25 electors, provided that a nomination by
not less than one-fifth of the whole number of employers or of employees
(as the case may be) on the electors’ roll prepared by the chief inspector
of factories shall be sufficient. Every such nomination shall contain
the written consent of the candidate to his nomination and shall be
delivered or posted to the returning officer so as to reach him before
4 o’ clock on the day of nomination.
13. Should the number of persons so nominated for any special
board as representatives of employers or as representatives of employees
not exceed the number to be so elected, the returning officer shall
report to the minister that such persons so nominated to the special
board have been duly elected as representatives of employers or as
representatives of employees (as the case may be).
Publication of nominations.
14. Should the number of persons nominated either as representa
tives of employers or as representatives of employees exceed the number
to be elected on any special board, the returning officer shall publish
the names of persons so nominated in the Government Gazette, and a
poll shall be taken on the date fixed by the minister. The poll shall be
taken by voting papers only, and no voting paper shall be allowed
which is received by the returning officer after 4 o’ clock in the after
noon of the day for taking the poll.
Roll.
15. No additional names shall be added to the roll of electors after
the returning officer has published in the Government Gazette the
names of persons nominated until after that particular election is over.
Voting papers.
16. Every voting paper shall contain the names of each of the candi
dates for election either as a representative of employers or employees
(as the case may be). The chief inspector shall cause a voting paper
to be posted at least four days prior to the date of such election to every
elector whose name and address are on the roll of electors.
Voting.
17. Each elector shall strike out on the voting paper forwarded to
him all the names except those of the candidates for whom such elector
desires to vote, and shall forthwith return such voting paper to the
returning officer by placing it in a ballot box at the office of the chief
inspector of factories, or posting it. No voting paper shall be allowed
in which more or fewer names are left uncanceled than the number
of persons to be elected.
MINIM UM-W AGE LAWS----VICTORIA.
Counting vote.
18. The returning officer shall, as soon as practicable after the hour
fixed for receiving voting papers, count the votes received, and report
to the minister the election of those candidates, not exceeding the
number to be elected, who have received the greatest number of votes.
Casting vote.
19. In
of votes,
20. In
mentary
case of two or more candidates receiving an equal number
the returning officer shall have a casting vote.
all cases not herein provided for the rules and usages at parlia
elections shall be allowed so far as they may be applicable.
MEETINGS OF SPECIAL BOARDS AN D PAYM ENT OF M EM BERS.
S ection 242.
Nomination of chairman.
2 1 . Every special board shall meet at the office of the chief inspector
of factories for the purpose of nominating a chairman, and thereafter
at such other times and places as may be arranged by such special
board.
Secretary.
2 2 . The chief inspector may direct some officer to act as secretary to
each special board.
Minutes.
23. Entries of all proceedings of any special board shall be kept by
the secretary with the names of the members who attended each
meeting.
Conduct of meetings.
24. The mode of conducting the business for which any special
board is appointed may be fixed by such special board, or may be left
to the decision of the chairman.
Determination.
25. Every determination shall be communicated to the minister,
in writing, by the chairman of such special board.
26. After the determination of any special board has been commu
nicated to the minister such board shall adjourn sine die, and shall
meet again only when convened by the minister of labor or by the
chairman of such special board.
Fees.
27. The chairman of a special board for attendance at a meeting
may be paid £1 (|4.87) for each meeting of the board extending over the
morning and afternoon of any day, and X I ($4.87) for a meeting of the
board commenced during the afternoon of any day and continued
after 7 p .m . the same day. For a meeting either during only the fore
noon or afternoon the chairman may be paid 10s. ($2.43).
28. Every member of a special board for attendance at a meeting
may be paid 10s. ($2.43) for each meeting of the board extending over
the morning and afternoon of any day, and 10s. ($2.43) for a meeting of
not less than four hours of a board commenced during the afternoon of
any day and continued after 7 p. m. the same day. For a meeting
either during only the forenoon or afternoon of any day each member
may be paid 5s. ($1.22).
Expenses.
29. Any representative of employers or employees residing not less
than 40 miles from Melbourne shall be entitled to be paid train fare
only from such place of residence and a sum of 10s. ($2.43) per day for
traveling expenses.
231
232
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
C h a p ter
V II.
FORMS TO BE KEPT IN A FACTORY OR SHOP OR FORWARDED TO THE
CHIEF INSPECTOR.
Record of work done inside afactory.
2 . The true record of the names, work, and wages of all persons
employed in a factory, and the ages of all persons so employed under
21 years of age, required to be kept by section 2 2 , shall be in the form
and contain the particulars prescribed by Schedule V II hereto, and
such record shall be forwarded to the chief inspector within 7 days
after October 31 in each year.
Record of employees in shops, etc.
3. The true record of the names, work, and wages of the persons
employed, and the name and age of every person employed under
21 years of age, required to be kept by sections 126 and 197, shall be
in the form and contain the particulars prescribed by Schedule V II I,
and such record shall be forwarded to the chief inspector within 7 days
after February 1 in each year.
Record of work done outside afactory.
4. The record to be kept by the occupier of every factory, and every
occupier of a factory within the meaning of section 23, of the work done
outside a factory, and the name and address of the person by whom the
same is done, and the prices paid in each instance for the work, shall
be in the form of and contain the particulars specified in Schedule I X
hereto for each and every week of the year.
Record of fines imposed.
S e c t io n 2 2 .
6.
The record of all fines levied upon his employees by the occupier
of any factory shall be kept in the form of Schedule X I , and a copy of
such schedule shall be forwarded to the chief inspector within 7 days
of the 1 st February in each year.
C h a p ter
X.
MODE OF APPEALING TO THE COURT OF INDUSTRIAL APPEALS.
1 . Every appeal under the provisions of section 176 of the factories
and shops act 1912 against the determination of a special board shall be
instituted by the person entitled to appeal and desiring so to do, for
warding to the minister of labor a notice, in writing, containing par
ticulars of such desire.
2. The notice of appeal shall state the character in which the appel
lant claims to appear, and when the appeal is by a single employer or
group of employers employing not less than 25 per cent of the total
number of workers shall set out particulars of the numbers of workers
employed by each appellant. The notice shall be written in legible
characters, and shall clearly and distinctly set forth or otherwise
identify separately the item or items in tne determination against
which appellant is appealing, and his grounds of objection to such
item or items.
3. The notice of appeal shall be signed in a legible manner by each
appellant, and the full address and occupation of each appellant shall
be given opposite each signature.
4. Such notice shall name some address for service, not more than 5
miles from the general post office, where notices, orders, summonses,
documents, and written communications may be left for the appellant
or appellants, and all notices, orders, summonses, documents, and
written communications served or left at such address shall constitute
effective service on the appellant or appellants, if there be more than
one.
M INIM UM-W AGE LAWS— VICTORIA.
233
5. Two copies of the notice of appeal shall be forwarded with the
original.
6 . The chief inspector of factories, and the registrar of the court of
industrial appeals may allow any employer or employee in the trade
affected by a determination against which an appeal has been lodged
to make a copy of the notice of appeal for the purpose of entering an
appearance against such appeal.
7. Any employer or employee in the trade affected by the determi
nation which is the subject of an appeal who desires to be heard by the
court against such appeal, shall, 7 days at least before the hearing,
notify the registrar of the court of industrial appeals of such desire, and
shall give his full name, his occupation, ana address in such notifi
cation.
8 . The chief inspector of factories shall attach to such notice of
appeal a list containing the names and addresses of the members of the
special board the determination of which is the subject of appeal, and
also, when necessary, a certificate giving the number of persons em
ployed in the trade affected by such employer or group of employers,
and also the total number of persons employed in such trade as indi
cated in Appendix A of the chief inspector’s last annual report issued
prior to such appeal, or in the case of appeal by the workers in any
trade, a certificate giving the number of persons employed in such
trade as indicated in Appendix A of the chief inspector’s last annual
report.
9. Noncompliance with these regulations shall not prevent the
hearing of an appeal or of opposition thereto unless the court so orders.
NEW SOUTH WALES.
IN D U ST R IA L A R B IT R A T IO N ACT, 1912, NO. 17.
An Act to provide for the regulation of the conditions of industries in cer
tain particulars by means of industrial conciliation and arbitration, and
for the repression of lockouts and strikes; to establish and define the
powers, jurisdiction, and procedure of an industrial court and certain
subsidiary tribunals; to preserve certain awards and industrial agree
ments; to repeal the industrial disputes act, 1908, the industrial disputes
amendment act, 1908, the industrial disputes (amendment) act, 1909, and
the industrial disputes (amendment) act, 1910; to amend the clerical
workers act, 1910, and certain other acts; and for purposes consequent
thereon or incidental thereto.
P art
I .— P r e l i m
in a r y .
S e c t i o n 1 . This act may be cited as the “ Industrial arbitration act,
Short title.
1912.”
S ec . 2. This act shall commence on and from a date to be pro- C om m en ceclaimed by the governor in the Gazette:
ment.
Provided, That the provisions of this act relating to the registration of
industrial unions and the appointment of boards, and all provisions
necessary for such registration and for making such appointments, shall
come into force on the passing of this act.
S ec . 4. ( 1 ) The industrial disputes act,-1908, the industrial disputes R ep ea la n d
amendment act, 1908, the industrial disputes (amendment) act, 1909,savings'
and the industrial disputes (amendment) act, 1910, are repealed.
(2 )
A ll awards, orders, and industrial agreements made under author- Awards,
ity of the acts hereby repealed and in force at the commencement of this
act shall, until rescinded under this act, continue in force for the respec
tive periods fixed by such awards, orders, or industrial agreements, and
shall be deemed to have been made under this act. In construing any
such award, order, or industrial agreement references to the registrar
shall be read as references to the registrar appointed under this act, and
for the purpose of any appeal from the registrar references to the indus
trial court shall be read as references to the court of industrial arbitration
constituted by this act.
234
( 3 ) All summonses issued at such commencement under sections
41, 43, or 55 of the industrial disputes act, 1908, and returnable before
the industrial court, shall continue in force, but shall be returnable be
fore, and shall be heard and determined by the court of industrial
arbitration constituted by this act, or by the registrar or an industrial
magistrate on being referred to him by the court. For the purpose of
carrying out the above provisions, the enactments of the industrial
disputes act, 1908, shall continue in force and shall, mutatis mutandis,
apply to the hearing and determination of any such matter by the
court of industrial arbitration constituted by this act, and to the
enforcement of any order of such court.
All documents relating to any such matters or proceedings, and
filed or deposited with the industrial court shall be handed over to
the court of industrial arbitration, and filed with such court.
The registrar.
(4 ) The registrar appointed under any act hereby repealed, and
holding office at the commencement of this act, shall be deemed to
have been appointed hereunder.
Regulations.
( 5 ) All regulations made under the acts hereby repealed, and in
force at the commencement of this act, shall, mutatis mutandis, apply
as if made under this act.
Summo*
s
BULLETIN' OF THE BUREAU OF LABOR STATISTICS.
i is-
Definitions.
Definitions.
Sec. 5. In this act, unless the context otherwise indicates “ appren
tice ” means an employee under 21 years of age who is serving a period
of training under an indenture or other written contract for the pur
pose of rendering him fit to be a qualified worker in an industry.
“ Award” means award under this act, and includes a variation of
such award.
“ Board” means industrial board constituted under this act.
“ Boarding house” shall include a lodging house, and shall mean a
house in which five or more paying boarders or lodgers, not being
members of the proprietor’s family, are accommodated.
“ Calling” means craft or other occupation.
“ Court” means court of industrial arbitration established by this
act.
“ Employee” means person employed in any industry, whether on
wages or piecework rates or as member of a butty gang, but shall not
include a member of a family in the employment of a parent, and the
fact that a person is working under a contract for labor only, or sub
stantially for labor only, or as lessee of any tools or other implements of
production, or any vehicle used in the delivery of goods, shall not in
itself prevent such person being held to be an employee.
“ Employer” means person, firm, company, or corporation employing
persons working in any industry, whether on behalf of himself or
itself or any other person or on behalf of the government of the State,
and includes the chief commissioner for railways and tramways, the
Sydney Harbor trust commissioners, the metropolitan board of water
supply and sewerage, the Hunter district water supply and sewerage
board, and any council of a municipality or shire, and includes for
the purpose of constituting a board, a director, manager, or superintend
ent of an employer as defined as aforesaid.
“ Improver” means an employee under 21 years of age who is serving
for the purpose of rendering him fit to be a qualified worker in an
industry or special section of an industry.
“ Industrial agreement” means industrial agreement made and
filed under any act hereby repealed, or under this act.1
“ Industrial court” means industrial court constituted by the
repealed acts.
Industrial magistrate” means industrial magistrate appointed
under this act.
i Section 13 of the acts of 1901 reads as follows: Any industrial union may make an
agreement in writing relating to any industrial matter (a) with another industrial
union, or (b) with an employer, which, if it is made for a specified term not exceeding
three years from the making of the agreement, and if a copy thereof is filed with the
registrar, shall be or become an industrial agreement within the meaning of this act.
MTNIMUM-WAGE LAWS---- NEW SOUTH WALES.
235
“ Industrial union” means industrial union registered as an indus
trial union under this act.
“ Industrial matters” means matters or things affecting or relating
to work done or to be done, or the privileges, rights, or duties of em
ployers or employees in any industry, not involving questions which
are or may be the subject of proceedings for an indictable offense; and,
without limiting the ordinary meaning of the above definition, includes
all or any matters relating to—
(а) The wages, allowances, or remuneration of any persons employed
or to be employed in any industry, or the piecework, contract, or
other prices paid or to be paid therein in respect of such employment.
( б ) The hours of employment, sex, age, qualification, or status of
employees, and the mode, terms, and conditions of employment.
(c) The employment of children or young persons, or of any persons
or class of persons in any industry, or the right to dismiss or to refuse
to employ or reinstate in employment any particular persons or class
of persons therein; but not so as to give preference of employment to
members of industrial unions, except in accordance with the provisions
of section 24, subsection 1, paragraph (g);
(d) Any established custom or usage of any industry, either general
or in any particular locality;
(e) The interpretation of an industrial agreement or award;
“ Industry” means occupation or calling in which persons of either
sex are employed for hire or reward.
“ Judge” or “ the judge” means the judge of the court of industrial
arbitration, and includes an additional judge of the court.
“ Justice” means justice of the peace, and includes a magistrate.
“ Lockout” (without limiting its ordinary meaning) includes a clos
ing of a place of employment, or a suspension of work, or a refusal by
an employer to continue to employ any number of his employees with
a view to compel his employees, or to aid another employer in com
pelling his employees, to accept terms of employment.
“ Magistrate” means stipendiary or police magistrate.
“ Members of a board” and “ members of a conciliation committee”
include the chairman of the board and of the committee respectively.
“ Metropolitan district court” means district court of the metropoli
tan district, holden at Sydney.
“ Minister” means minister of the Crown administering this act.
“ N ecessary c o m m o d ity ” in clu d e s—
(a) Coal;
(b) Gas for lighting, cooking, or industrial purposes;
(c) Water for domestic purposes; and
(d) Any article of food, the deprivation of which may tend to en
danger human life or cause serious bodily injury.
“ Prescribed” means prescribed by this act or by regulations made
thereunder.
“ Registrar” means industrial registrar appointed under this act.
“ Repealed acts” means the acts repealed by this act.
“ Schedule” means schedule to this act, and any amendment of or
addition to such schedule made in pursuance of this act.
“ Strike” (without limiting its ordinary meaning] includes the ces
sation of work by any number of employees acting in combination, or
a concerted refusal or a refusal under a common understanding by any
number of employees to continue to work for an employer with a view
to compel their employer, or to aid other employees in compelling
their employer, to accept terms of employment, or with a view to
enforce compliance with demands made by them or other employees
on employers.
“ Trade-union” means trade-union registered under the trade-union
act, 1881, and includes a branch so registered.
Industrial unions.
S e c . 6. The registrar may, on application made as hereinafter pro-. Registration of
vided, register under this act as an industrial union of employers any o1? employers ni°n
person or association of persons, or any incorporated company, or asso
ciation of incorporated companies, who or which has in the aggregate
236
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
throughout the six months next preceding the date of the application
for registration employed on an average, taken per month, not less than
50 employees.
Such application shall be made as prescribed, and, if made by an
association or company, shall be signed by a majority in number of the
governing body thereof.
Registr ation gEC> 7 . Any person or body whose registration under the act No. 59,
acteand^act of 1901, as an industrial union is at the commencement of this act in force,
1901.
and any trade-union registered under section 9 of the industrial dis
putes act, 1908, whose registration under that act is at the said com
mencement in force, shall, unless and until such registration is can
celed, be deemed to be an industrial union.
Registration of S ec . 8. (1) The registrar may, on application made as hereinafter
^employees.111011 provided, register under this act any trade-union of employees. On
such registration the trade-union shall be an industrial union until
such registration is duly canceled.
(2) Such application shall be made in writing as prescribed by the
committee of management of the trade-union, and shall be signed by a
majority in number of the members of such committee. Notice of
any such application shall be published as prescribed.
The registrar may require such proof as ne thinks necessary of the
authority of the said members to make the said application.
(3) Any such application may be refused by the registrar if he is of
opinion that the organization applying is not a bona fide trade-union,
or i f registered under this act would not be a bona fide industrial union,
or if it appears that another trade-union to which the members of the
applicants’ union might conveniently belong has already been regis
tered as an industrial union.
(4) The registrar shall fix a day for considering any objections on the
above ground to the granting of the application, and shall notify the
same as prescribed.
(5) No branch shall be registered, unless it is a bona fide branch of
sufficient importance to be registered separately.
(6 ) Any decision of the registrar under this section in respect of an
objection taken as aforesaid, or on refusal of registration, shall be sub
ject to appeal to the court as prescribed.
(7) The court may, for any reasons which appear to it to be good, can
cel the registration of any industrial union, provided that, save where
otherwise mentioned in this act, such cancellation shall not relieve the
industrial union or any member thereof from the obligation of any
award or industrial agreement, or order of the court or a board, or from
any penalty or liability incurred prior to such cancellation.
Cancellation of S ec . 9. (1) The court may cancel the registration of an industrial
requestofunion! uni°n ^ proof is given to its satisfaction that a majority in number of
‘ the members of the union, by secret ballot taken as prescribed, require
such cancellation:
(2 )
Provided, That such power of cancellation shall not be exercised
while any award or any industrial agreement relating to members of any
such union whether made under the repealed acts or this act is in
force.
The court may S ec . 10. The court may, if satisfied that an industrial union is
cancel registrar instigating to or aiding any other union or any of its members in a
lockout or strike for which such other union or any of its members
are liable to a penalty under this act, in its discretion cancel such
registration and cancel any award or industrial agreement relating to
such industrial union or tne members thereof with the consent of all
other parties bound by such award or industrial agreement.
Industrial agreement.
* d°Tefcd° make ^ EC* 1 1 - A ny industrial union of employees may make an agree
ments.
agree" ment in writing with an employer or any other industrial union relat
ing to any industrial matter.
Any such agreement if made for a term specified therein not ex
ceeding five years from the making thereof, and if filed at the office
of the registrar, shall be an industrial agreement within the meaning
of this act, and shall be binding on the parties, and on all persons for
MINIMTJM-WAGE LAWS— NEW SOUTH WALES.
237
the time being members of such unions, but may be rescinded or varied
in writing by the parties. Any variation of any such agreement, if
filed as aforesaid, shall be binding as part of the agreement.
Any such industrial agreement may be enforced under this act.
S e c . 12. If after the commencement of this act any trade-union of I n d u s t r i a l
employees, not being an industrial union, enters into and executes j ^ o ^ e o f regisin the manner prescribed by the rules of such union any agreement trar.
relating to any industrial matters with an employer or an industrial
union of employers, either party to such agreement may file the same
in the office of the registrar. Any such agreement, if made for a term
specified therein not exceeding five years from the making thereof,
shall, in so far as it relates to industrial matters, be binding on the
parties, and on all persons for the time being members of such unions,
and shall be enforceable in the same manner as an industrial agree
ment made under this act. Such agreements may be rescinded or
varied by the parties, and any such variation if filed as aforesaid shall
be binding as part of the agreement.
P a r t I I .— T h e
I n d u s t r ia l C o u r t a n d t h e B o a r d s .
Constitution of the court.
S e c t i o n 13. (1) There is hereby constituted a court to be called the Constitution of
court of industrial arbitration. It shall be a superior court and a
00
*
court of record, and shall have a seal, which shall be judicially noticed.
The court shall have the jurisdiction and powers conferred on it
by this act, and also the jurisdiction and powers conferred in the
industrial court by the clerical workers act, 1910. Subject to the said
act, with regard to jurisdiction, the provisions of this act shall apply so
far as they are applicable for the purpose of making and enforcing
awards under the said act.
(2 ) The industrial court established by the repealed acts is dis- The iudg« of
solved, and the present judge of that court shall be the judge of the
c0
court of industrial arbitration, and shall hold such office subject to
the provisions of subsections 6 and 7 of this section.
Whenever the office of the judge becomes vacant, the governor may
appoint a supreme court judge or a district court judge, or a barrister at
law of five years’ standing, to be the judge.
(3) The governor may appoint a supreme court judge or a district A d d i t i o n al
court judge, or a barrister at law of five years’ standing, to be judge to* ge*
act as an additional judge of the court. Such additional judge shall
have the same rights, powers, jurisdiction, and privileges as the judge
of the court.
(4) The governor may appoint a supreme court judge or a district Deputy judge,
court judge, or a barrister at law of five years’ standing, to be deputy
judge to act temporarily in the absence of the judge of the court. Such
deputy judge shall, while exercising the jurisdiction conferred on
him, have the same salary and all the rights, powers, jurisdiction, and .
privileges of the judge of the court.
(5) The court shall be constituted by the judge or additional or Judge to condeputy judge of the court sitting alone, or, in the cases hereinafter in stltute tlle courtthis act provided, with assessors. Should both judge and additional
judge be sitting at the same time, each shall constitute the court under
this act.
( 6 ) The present or any future or additional judge of the court shall be Tenure of office
liable to be removed from office in the same manner and upon such J ge*
grounds only as a supreme court judge is by law liable to be removed
from office.
(7) Where a supreme court judge holds the office of judge of the Salary,
court, his annual salary as supreme court judge shall continue. Where
a district court judge holds such office his annual salary shall be £ 1 ,0 0 0
($4,866.50) in addition to his salary as district court judge. Where a
barrister at law is appointed to such office his annual salary shall be the
same as that prescribed for a district court judge holding such office.
S ec . 14. The court, in addition to the jurisdiction and powers con- Powers of the
ferred on it by this act, shall have the powers and may exercise the cou
238
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
jurisdiction hereby conferred on industrial boards and on the chairmen
thereof and on the chairmen of conciliation committees, and on the
industrial registrar and an industrial magistrate.
Constitution of the boards.
Dissolution o{
S e c . 15. All the boards appointed under the repealed acts are at the
boards under
pealed acts. re‘ commencement of this act dissolved, except where at such commence
ment any part-heard matter is before any such board, in which case
such board may continue to act and deal with and determine such
matter in the same manner as if this act had not passed. On such
matter being determined, the board shall be dissolved on proclama
tion to that effect, made by the governor in the Gazette,
Boards for fc}- S e c . 16. (1) Industrial boards shall, on the recommendation of the
uleSineS m
court, be constituted by the minister under the board designations
mentioned in the first column of Schedule I, and under such further
or other board designations as the governor may from time to time
proclaim, for any one or more of the industries or callings mentioned
in the second column of such schedule, and from time to time added
to such second column by the governor on resolution passed by both
houses of Parliament, and for any such transposition, division, com
bination, rearrangement, or regrouping of such industries or callings
as the minister, on the recommendation of the court, may direct.
A ppointm ent
(2) The minister shall appoint a chairman who shall be recomo c airman.
mended by the court for all the boards which may be constituted
under each of the board designations mentioned in the first column
of Schedule I . Such chairman shall preside over and be a member of all
such boards.
A ppointm ent
( 3 ) The minister shall appoint the other members of such boards who
bers? ' mem' sh all be recommended by the court.
Board consti(4 ) On th e chairm an an d m em b e rs b e in g a p p o in te d a board shall b e
tuted.
d e e m e d to b e con stitu te d .
( 5 ) Each such board shall, besides its chairman, consist of two or
four other members, as may be recommended by the court. Onehalf in number of such other members shall be employers, and the
other half employees, each of whom has been or is actually and bona
fide engaged in one of the industries or callings so specified: Provided,
That where the employers or the employees m the industries or call
ings consist largely of females, members may be appointed who are
not engaged in the industries or callings: Provided also, That where,
in the opinion of the court, no suitable employer or no suitable em
ployee in the industry can be found who is willing to act on the board
on behalf of the employers or employees, as the case may be, such
court may recommend any person whom it considers to be acquainted
with the working of the industry to represent the employers or em
ployees on the board, and the minister shall appoint such person.
Demarcation of (6 ) Where it appears to the court that a question has arisen as to
gs*
the right of employees in specified callings to do certain work in an
industry to the exclusion of the employees in other callings, the court
may, on application made by any such employees, constitute a special
board to determine such question.
Such board shall consist of a chairman and such number of other
members as the court fixes, but so that—
(a) One-half in number of such other members shall be employers
and the other half employees, each of whom has been or is actually
and bona fide engaged in one of the said callings;
(b) Such of the callings as the court considers to be directly in terested
in the question shall be represented on the board by an employer or
employers, and by an employee or an equal number of employees.
The chairman and other members of any such board shall be ap
pointed by the court.
The determination shall have effect as an award of a board.
dust^rd? Srh*3 " ®EG*
The minister shall, on the recommendation of the court,
ule lL * m C e ’ constitute industrial boards for the industries and callings mentioned
in Schedule I I as amended or added to in pursuance of this act.
Appointment.
(2 ) The minister shall—
(a)
Appoint chairmen who shall preside at and be members of such
boards;
Members.
M INIM UM-W AGE LAWS---- NEW SOUTH WALES.
239
(b)
Appoint the other members of such boards. The persons so
appointed shall be recommended by the court.
(3) Each such board shall have jurisdiction as to matters relating to Jurisdiction,
such of the said industries or callings or sections thereof as may be
specified by the court in its recommendation to the minister.
(4) Each such board shall, besides the chairman, consist of two or Members,
four other members, as may be recommended by the court, one-half in
number of whom shall be employers and the other half employees,
each of whom has been or is actually and bona fide engaged in one of
the industries or callings so specified:
Provided, That where the employers or the employees in the indus
tries or callings consist largely of females, members may be appointed
who are not engaged in the industries or callings:
Provided also, That where, in the opinion of the court, no suitable em
ployer or no suitable employee in the industry can be found who is will
ing to act on the board on behalf of the employers or employees, as
the case may be, such court may appoint any person whom it consid
ers to be acquainted with the working of the industry to represent the
employers or employees on the board.
(5) The provisions of this act relating to boards shall apply to any Application of
board constituted under this section.
boards* ° s u c h
(6 ) The governor may on resolution passed by both houses of Par- Amendment of
liament amend Schedule II or add thereto other industries. Any such Schedule II.
amendment or addition shall be published in the Gazette.
Sec. 18. If any member of a board, without reasonable excuse, neg- Failureofmemlects on two successive occasions to attend meetings of the board duly
attend,
convened, or to vote when present at any such meeting on any ques
tion duly submitted to the board, he shall be liable to a penalty not
exceeding £5 ($24.33), and the governor may declare his office vacant,
and thereupon such member shall cease to hold office.
Sec. 19. Each member of a board shall, upon his appointment, take o a. t h to be
an oath not to disclose any matter or evidence before the board or the
y mem"
court relating to trade secrets; the profits or losses or the receipts and
outgoings of any employer; the books of an employer or witness pro
duced before the board or the court; or the financial position of any
employer or of any witness; and if he violates his oath, he shall be
liable to a penalty not exceeding £500 ($2,433.26), and, on convic
tion of such offense, he shall cease to. hold office.
S e c . 20. (1 ) The minister, on the recommendation of the court, Dissolution of
may at any time dissolve a board; he may also on such recommendaof* memtion remove any member of a board from his office on the ground that ber.
such member is of unsound mind, or in prison, or has abandoned his
residence in this State, or is not properly discharging his duties as a
member of such board.
(2) Subject to the above provision, the members of a board shall Period of office.
hold office until the expiration of three years from the date of their
appointment, and then shall cease to hold office: Provided, That a
member may resign his office.
(3) A new board may be appointed under this act to take the place New board.
of a board that has been dissolved, or the members of which have
resigned, or have ceased to hold office.
Members ceasing to hold office on a board shall be eligible for appoint
ment to the new board.
The provisions of this act relating to the constitution and manner of
appointment of boards shall apply to the appointment of such new
board.
S e c . 21. (1) Where, from any cause, a member of a board ceases to A ppointm ent
hold office, the minister may appoint a duly qualified person, who shall
vacancies*
be recommended by the court, to his office for the residue of the period
for which such member was appointed.
(2)
Where a person is appointed to any vacancy on a board, the
board as newly constituted may, if no member of the board objects,
continue the hearing of and may determine any part-heard case.
S e c . 22. Every appointment of a member ot a board shall be pub- Appointments
lished in the Gazette, and a copy of a Gazette containing a notice of
gaze 6 *
such appointment purporting to have been published in pursuance of
this act shall be conclusive evidence that the person named in such
240
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
notice was legally appointed to the office named, and had power and
jurisdiction to act in such office, and such appointment shall not be
challenged for any cause.
Fees.
Sec. 23. The members of a board shall be paid such fees as may be
fixed by the governor.
P a r t I I I . — J u r is d ic t io n
Power of board
to make recom-
mendation.
of
B oards
and
of th e
Co u r t .
S e c t io n 2 4. (1 ) A board, on a n y reference or a p p lication to i t m a y ,
resp ect to th e in dustries or callin gs for w h ic h i t has b e e n consti
tu te d , m ak e an award—
(a) Fixing the lowest prices for work done by employees and the
lowest rates of wages payable to employees, other than aged, infirm,
or slow workers;
(b) Fixing the number of hours and the times to be worked in order
to entitle employees to the wages so fixed;
(c) Fixing the lowest rates for overtime and holidays and other spe
cial work, including allowances as compensation for overtime, holidays,
or other special work;
(d) Fixing the number or proportionate number of apprentices and
improvers and the lowest prices and rates payable to them;
(e) Determining any industrial matter;
m Rescinding or varying any award made in respect of any of the
industries or callings for which it has been constituted;
(g)
Declaring that preference of employment shall be given to mem
bers of any industrial union of employees over other persons offering
their labor at the same time, other things being equal: Provided, That
where any declaration giving such preference of employment has been
made in favor of an industrial union of employees, such declaration
shall be canceled by the court of arbitration if at any time such union,
or any substantial number of its members, takes part in a strike or
instigates or aids any other persons in a strike; and if any lesser num
ber takes part in a strike, or instigates or aids any other persons in a
strike, such court may suspend such declaration for such period as to
it may seem just.
Charitable to- (2) Where an institution carried on wholly or partly for charitable
stitutions.
purposes provides for the food, clothing, lodging, or maintenance of any
of its employees or any of its inmates who are deemed to be employees,
the board in its award as to the wages of such employees or inmates,
shall make due allowance therefor. The board may exempt such
institution from all or any terms of the award where the food, clothing,
lodging, and maintenance provided by the institution, together with
the money if any, paid by tne institution to such employees or inmates
as wages, are at least equal in value to the value o f the labor of such
employees or inmates,
A w a r d o * S ec . 25. (1) The award of a board shall be signed by tbe chairman
board.
and forwarded to the registrar who shall forthwith publish the same
in the Gazette and notify the parties. On such publication every
award shall take effect and be binding on all persons engaged in the
industries or callings and within the locality and for the period not
exceeding three years specified therein.
Applications to (2) Within 30 days of such publication any of the parties to the
r e c o m m e n d ^ proceedings before the board, with the consent of the court, and any
tions.
other person, with the like consent, may in manner prescribed make
application to the court for variation or amendment of such award, or
for rehearing in resp?>ct to any matter in or omission from the award.
(3)
If the board refuses to "make any award, any of the said parties
may, within 14 days after such refusal, make application to the court
to make an award as to any matter included in a claim or reference
made to the board.
Determination (4) On any such application the court may confirm, or vary, or
y cour .
rescind the award thus appealed from, or make a new award, and may
make such order as to the costs of the appeal as it thinks just.
At such hearing the members of the board other than the chairman
shall, if any person making the application so desires, sit with the court
as assessors.
(5)
The pendency of an appeal shall not suspend the operation of an
award appealed from.
M INIM UM -W AGE LAWS---- NEW SOUTH WALES.
241
S ec . 26. Employees employed by the Government of New South Wages of GovWales or by any of its departments, including the chief commissioner ees.m
emp y‘
for railways and tramways, the Sydney Harbor trust, the metropolitan
board of water supply and sewerage, and the Hunter district board of
water supply and sewerage shall be paid rates and prices not less than
those paid to other employees not employed by the Government or its
departments doing the same class of work under similar circumstances.
But the fact that employment is permanent, or that additional privi*
leges are allowed in the service of the Government or its departments,
shall not of itself be regarded as a circumstance of dissimilarity. The
court or an industrial board shall not fix rates and prices for such firstmentioned employees lower than those fixed for such other employees.
S e c . 27. (1) Any aged, infirm, or slow worker who may deem himself pH
erf 1i t s for
unable to earn the minimum wage prescribed by any award, may apply J^Vorkera' °r
to the registrar for a permit in writing to work for less than the wage so
prescribed.
(2) The registrar shall be the tribunal to determine whether and on
what conditions such permit shall be granted, and shall have power to
revoke or cancel any permit.
(3) The registrar shall forthwith notify the secretary of the industrial
union of the trade or calling in which such applicant desires to be
employed, of the grant of such permit and of the conditions contained
therein.
(4) The said union may at any time after such notice apply to the
registrar in the manner prescribed for the cancellation of such permit.
(5) An appeal against any such determination shall not lie from the
registrar to the court except on the ground that the trade or calling
concerned is one in which no such permit should be granted.
S ec . 28. Unless otherwise expressly provided in this act, an award, Variation
of
whether made under this act or the repealed acts, may be rescinded, aw
added to, or varied only on application or reference to a board in pur
suance of this act.
But the court may, at any time, on its own initiative or on application
made to it, prohibit any proceeding of a board or vary or rescind any
award made under this act or the repealed acts.
Sec. 29. Subject to the right of appeal under this act, and to such Award to be
conditions and exemptions as the board may, and is, hereby authorized
mg*
to determine and direct, an award shall be binding on all persons
engaged in the industries or callings and within the locality, and for
the period not greater than three years specified therein.
S e c . 30. The Grown may, where, in the opinion of the minister, the intervention
public interests are or would be likely to be affected, intervene in any y Crownproceedings under this part before a board or the court, or appeal from
an award of a board ana make such representations as it thinks neces
sary in order to safeguard the public interests.
P a r t I V .— P ro c ed u r e
op
B oards.
S e c t i o n 31. (1) Proceedings before a board shall be commenced by—
C o m m e n ce proceed-
(a) Reference to the board by the court or the minister; or
j£gg
(b) Application to the board b y employers or employees in the in
dustries or callings for which the board has been constituted.
(2) Any such application shall be in the form, and shall contain the
particulars prescribed, and shall be signed by—
(a) An employer or employers of not less than twenty employees in
any such industry or calling; or
(b) A n industrial union whose members are employers or whose mem
bers are employees in any such industry or .calling.
(3) A ll meetings of a board shall be convened by the chairman by Convening of
notice to each member served as prescribed.
meetings.
S e c . 32. In every case where an application or reference to a board b Ind(luir y by
is made, it shall be the duty of the chairman to endeavor to bring the
'
parties to an agreement with respect to the matters referred to in such
application or reference, and to this end the board shall, in such man
ner as it thinks fit, expeditiously and carefully inquire into such mat
ters and anything affecting the merits thereof.
82843°— Bull. 167— 15------- 16
242
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
In the course of such inquiry, the chairman may make all such sug
gestions and do all such things as he deems right and proper for inducing
the parties to come to a fair and amicable settlement of such matters.
Power of entry
gEc. 33. A board, or any two or more members thereof authorized
and inspection,
board under the hand of its chairman, may enter and inspect
any premises used in any industry to which a reference or application
to the board relates, and any work being carried on there.
If any person hinders or obstructs a board or any member thereof in
the exercise of the powers conferred by this section, or hinders or ob
structs the judge in the exercise of like powers, he shall be liable to a
penalty not exceeding £10 ($48.67).
Conduct of pro- SEc. 34. A board may—
and its powerTas (a) Conduct its proceedings in public or private as i t may think fit;
to witnesses.
(b) Adjourn the proceedings to any time or place;
(c) Exercise in respect of witnesses and documents and persons sum
moned or giving evidence before it, or on affidavit, the same powers
as are by section 136 of the parliamentary electorates and elections act,
1902, conferred on a committee of elections and qualifications, and the
provisions of the said section shall apply in respect of the proceedings of
the board: Provided, That unless a person raises the objection that the
profits of an industry are not sufficient to enable him to pay the wages
or grant the conditions claimed, no person shall be required without
his consent to produce his books, or to give evidence with regard to the
trade secrets, profits, losses, receipts, and outgoings of his business, or
his financial position.
Where a person raises such objection he may be required, on the
order of the chairman, to produce the books used in connection with
the carrying on of the industry in respect of which the claim is made,
and to give evidence with regard to the profits, losses, receipts, and
outgoings in connection with such industry, but he shall not be required
to give evidence regarding any trade secret, or, saving as hereinbefore
provided, his financial position. No such evidence shall be given
without his consent except in the presence of the members of the board
alone, and no person shall inspect such books except the chairman or
an accountant appointed by tne board, who may report to the board
whether or not his examination of such books supports the evidence
so given, but shall not otherwise disclose the contents of such books.
Such accountant shall, before acting under this paragraph, take the oath
prescribed in respect of members of aboard b y section 19 of this act;
(d) Admit and call for such evidence as in good conscience it thinks
to be the best available, whether strictly legal evidence or not.
Evidence to be S ec . 35. (1) The chairman shall require any person, including a
on oath.
member of the board, to give his evidence on oath, and may on behalf
of the board issue any summons requiring the attendance of witnesses;
if any person so summoned does not attend he shall be liable to a pen
alty not exceeding £ 50 ($243.33).
^ ^dmissibiiity (2) Any question as to the admissibility of evidence shall be decided
oi evidence.
b y the chairman alone, and his decision shall be final.
Questions
of (3) Where during the hearing of any matter before a board its juris
jurisdiction.
diction is disputed, the chairman may decide the question of juris
diction subject to appeal to the court, or may submit it to the court; in
which case the court shall decide such question and remit its decision
to the board. ’
Proceedings at
S e c . 36. A t any meeting of a board, unless otherwise provided in this
meetings.
act—
(a) The chairman shall preside;
(b) Each member except the chairman shall have one vote; and
where the votes for and against any matter are equal, the chairman shall
decide the question, but shall not give such decision unless satisfied
that the question can not otherwise be determined.
(c) Any member of the board may call, examine, or cross-examine
witnesses.
fr
of S e c . 37. In any proceedings before the court or a board, no person,
cate or agent. °* e x cep t with the consent of the court or the chairman, shall appear as an
advocate or agent who is not or has not been actually ana bona fide
engaged in one of the industries or callings in respect of which such
proceedings are taken.
M INIM UM-W AGE LAWS---- NEW SOUTH WALES.
243
P a r t V .- —C o n c il ia t io n C o m m i t t e e s .
Committees for colliery districts.
S ection 38. The minister may, as prescribed, notify districts as fol- Notification of
lows: A northern colliery district; a southern colliery district; a west- dlstricts*
ern colliery district.
H e may also notify, as he may think fit, any other district in which
more than 500 employees work in or about coal or metalliferous mines,
and may cancel or amend any notification made under this section.
S e c . 39. (1) The minister may, in the manner prescribed, constitute C on ciliation
for each such district a conciliation committee consisting of two or four com
members, as the minister may determine, and to be appointed by him,
one-half in number of whom shall be nominated by the employers and
the other half nominated by the employees, and a chairman.
The chairman shall be chosen by the unanimous agreement of the
other members, but if no such agreement is arrived at, or if the chair
man so chosen is unable or refuses to act, he shall be appointed by the
governor: Provided, That the minister may, if he thinks fit, appoint the
judge to be chairman of any such committee.
(2) No such committee shall be appointed unless the employees in
the industry concerned are registered as an industrial union under this
act.
(3) Such of the provisions of sections 19 to 23 as relate to members of
boards shall, so far as applicable, and subject to the provisions of this
section, apply to any member of a committee established under this
section except the judge.
Sec. 40. (1) Any such committee shall meet on being summoned by 111 <111 *r y b y
its chairman, as prescribed, or at the request of the minister, and shall committee*
inquire into any industrial matter in connection with coal mining or
metalliferous mining, as the case may be, within its district.
(2)
The chairman shall preside at all meetings of a committee, and
shall endeavor to induce the other members to come to an agreement,
but shall not take any part in the decisions of the committee.
S e c . 41. If such agreement is come to, it shall be reduced to writing Agreement to
and signed b y the other members on behalf of the employers and the dustrial
agreeindustrial unions concerned. Such agreement on being certified by the ment.
chairman as prescribed shall be filed and shall have effect as an indus
trial agreement between such employers and unions.
S e c . 42. The minister may also, as prescribed, constitute a concilia- Constitution of
tion committee for any occupation or calling in which more than 500 mittee
C°m"
persons are employed other than coal or metalliferous mining. Such
committee shall be appointed in the manner and shall have the powers
mentioned in sections 39, 40, and 41 of this act.
Special commissioner.
S ec . 43. (1) There shall be a special commissioner, who shall be special comappointed in that behalf b y the minister.
missioner.
(2) Such commissioner may require the attendance of any persons Conference,
to meet the conference whenever any question has arisen that in his
opinion might lead to a lockout or strike, and either no board has been
constituted which would have jurisdiction in the matter or he is of
opinion that a preliminary or temporary agreement should be made
before the matter is submitted to a board. A t such conference the
commissioner shall preside and endeavor to induce the parties to come
to an agreement.
(3) If any person so required does not attend in conference as aforesaid Penalty,
he shall be liable to a penalty not exceeding £50 ($243.33).
P a r t V I.— L o c k o u t s
and
St r ik e s .
Lockouts.
S ection 44. If any person, including an industrial union of employers, does any act or thing in the nature of a lockout, or takes part
in a lockout, or instigates to or aids in any of the above-mentioned acts,
the court may order him to pay a penalty not exceeding £1,000
($4,866.50).
Penalty
fo r
244
BULLETIN 01' THE BUKEAU OF LABOB STATISTICS.
Strikes.
M w > lty
fo r
S e c . 45. (1) If any person does any act or thing in the nature of a
son. e yanyper“ strike, or takes part in a strike, or instigates to or aids in any of the
above-mentioned acts, the court may order him to pay a penalty not
exceeding £50 ($243.33).
aiifT°£nt 0hpen"
(2) Where a person is under this section ordered to pay a penalty, the
on wages.* ° 8186 court shall order that the amount of such penalty shall be a charge on
any moneys which are then or which may thereafter be due to such
person from his then or future employer, including the Crown, for
wages or in respect of work done.
Such order may be for the payment of such penalty in one sum or by
such installments as the court may direct.
On the making of any such order of attachment the employer on
being notified thereof, shall, from time to time, pay such moneys into
the court as they become due and payable in satisfaction of the charge
imposed by the order.
No charge upon or assignment of his wages, or of moneys in respect of
work done or to be done, whenever or however made by any such
person shall have any force whatever to defeat or affect an attachment;
and an order of attachment may be made and shall have effect as if no
such charge or assignment existed.
tribute11 to° pay^ EC‘
^ Where any person is under the last preceding section
ments of penalty" ordered to pay a penalty, and it appears that he was, at the time of his
doing the acts complained of, a member of a trade or industrial union,
the court may, in addition to making the charge provided for in the
said section, order such union, or the trustees thereof, to pay out of the
funds of the union any amount not exceeding £20 ($97.33) of the
penalty.
heard * ° n t0
(2) The court shall, before making such order, hear the said trustees
or the said union, and shall not make such order if it is proved that the
union has by means that are reasonable under the circumstances bona
fide endeavored to prevent its members from doing any act or thing in
the nature of a lockout or strike, or from taking part in a lockout or
strike, or from instigating to or aiding in a lockout or strike,
union
ag
S ec . 47. If any industrial union or trade-unioii of employees insti
gates to or aids in any act for which any person is liable to be ordered
to pay a penalty under section forty-five, the court may order such
industrial or trade union to pay a penalty not exceeding £1,000
($4,866.50), and may in its discretion suspend the operation of or
cancel the registration under this act of any such industrial union,
and may, with the consent of the other parties bound by such award
or industrial agreement, cancel any award whether made under the
repealed acts or this act so far as it relates to the members of such
industrial or trade union, or may do both those things.
Injunction.
injunction
outorstrike
to
S ec . 48. The court may grant a writ of injunction to restrain any
person from continuing to instigate to or aid in a lockout or strike.
Such writ, may upon application made as prescribed, be granted ex
parte or on notice.
If any person disobeys such writ of injunction he shall be guilty of a
misdemeanor, and shall be liable to imprisonment for any period not
exceeding six months.
Such person may be committed for trial for such offense by any
justice or justices, acting under and in pursuance of the justices act,
1902, and any acts amending the same, or by the court.
For the purpose of such committal the court shall have the powers of
a justice or justices under the said acts.
P a r t V II .— B r e a c h e s
op
A w ards
and
Oth er O ffenses.
Payment of wages awarded.
Recovery
wages.
of
S ection 49. (1) Where an employer employs any person to do any
work for which the price or rate has been fixed by an award, or by an
industrial agreement, whether made under the repealed acts or this
MINIM UM -W AGE LAWS— NEW SOUTH WALES.
245
act he shall be liable to pay in full in money to such person and without
any deduction the price or rate so fixed.
(2) Such person may, within six months after such money has be- Order for paycome due, apply in the manner prescribed to the registrar or to an m
industrial magistrate for an order directing the employer to pay the
full amount of any balance due in respect of such price or rate. Such
order may be so made notwithstanding any smaller payment or any
express or implied agreement to the contrary. The registrar or magis
trate may make any order he thinks just, and may award costs to either
party, and assess the amount of such costs.
(3) Such person may, within the said period of six months, in lieu A lte rn a tiv e
of applying for an order under the last preceding subsection, sue for Power t0 sueany balance due as aforesaid in any district court or court of petty
sessions: Provided, That any person feeling himself aggrieved by a
judgment or order of such court given or made under this subsection
may appeal therefrom to the court of industrial arbitration as pre
scribed.
(4) Such person may take any such proceedings, and may recover f? ? c o ^ e r y
any such balance due, and costs, notwithstanding that he may not be
nce
*
of full age either at the time of doing such work or at the time of taking
such proceedings.
Breach of award or industrial agreement.
Sec. 50. (1) If any person commits a breach of an award or a breach
of an industrial agreement, whether by contravening or failing to
observe the same, or otherwise, the registrar or an industrial magistrate
may order him to pay a penalty not exceeding £50 ($243.33).
p ©» a 11 y for
f award-
(2) Where on making such order it appears that the breach com- Order for payplained of relates to the failure of the defendant to pay in full a n y ment of wages*
wages (including wages for overtime) due to the complainant at the
price or rate fixed by the award or agreement, the registrar or magis
trate may also make such an order with respect to such wages as might
have been made in proceedings taken under section 49. Such order
may be made without motion, and shall be a bar to proceedings under
the said section in respect of such wages.
(3) Where an order is made under subsection 1 of this section against In j unet ion
any person, and the registrar or magistrate is of opinion that the breach willful
was committed b y the willful act or default of such person, he may on
motion or without motion, and in addition to any order made, grant a
writ of injunction to restrain such person from committing further or
other breaches of the award or industrial agreement.
If any person disobeys such writ of injunction he shall be guilty of a
misdemeanor and shall be liable to imprisonment for any period not
exceeding six months.
Such person may be committed for trial for such offense b y any
justice or justices acting under and in pursuance of the justices act,
1902, and any acts amending the same, or b y the court. For the pur
poses of such committal the court shall have the powers of a justice
or justices under the said acts.
(4) Proceedings for a breach of an award or an industrial agreement Who may take
may be taken and prosecuted b y the minister or an employer, or the
for
secretary of an industrial union concerned in the industry covered by
such award or industrial agreement.
The costs of any such proceedings shall be paid b y the complainant
if the order is not made, and by the defendant if the order is made.
Such costs shall be according to a scale to be fixed by the court.
S ec . 51. If the secretary of an industrial union of employees or any Secretary
of
person acting or purporting to act on behalf of any such industrial J^ney for breach
union receives any money paid in respect of any act constituting a of award,
breach of an award or industrial agreement otherwise than in pursuance
of the order or with the previous approval of the registrar or an industrial
magistrate, he shall be liable to a penalty not exceeding <£20 ($97.33).
246
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Unlawful dismissal.
Penalty for unlawful dismissal,
S ec . 52. If an employer dismisses from his employment any employee
reason of the fact that the employee is a member of a board or of a
trade-union, or an industrial union, or has absented himself from
work through being engaged in other duties as member of a board, or
is entitled to the benefit of an award or of an industrial agreement, the
court may order such employer to pay a penalty not exceeding <£20
($97.33) for each employee so dismissed.
I n e v e r y case i t sh a ll lie on th e e m p lo y e r to satisfy th e cou rt th a t
su ch e m p lo y e e w as dism issed from h is e m p lo y m e n t for som e substan
tia l reason oth er th a n th a t a b o v e m en tio n e d in th is section .
No prosecution for an offense under this section shall be commenced
except by leave of the court.
P a r t V I I I .— G e n e r a l a n d S u p p l e m e n t a l.
Fines and subscriptions payable to unions.
Fines and sub- S ection 53. The registrar or an industrial magistrate may order the
aWeto°union?ay" payment by any member of an industrial union of any fine, levy,
penalty, or subscription payable in pursuance of the rules of the union.
Enforcement of S ec . 54. (1) Where an order is made under sections 44, 46, 47, 49,
certain orders.
^ 5 2 , or 5 3 , that any person or union shall pay the amount of any
money due or any penalty, such order shall have the effect of a judg
ment for the amount of such money or of such penalty in the district
court or court of petty sessions named in such order, or if no such court
is so named, in the metropolitan district court at the suit of the Crown
or person or union respectively, against the person or union against
whom such order has been made; and such amount may be recovered
and such recovery may be enforced by process of such court as in pur
suance of such judgment.
Property of a (2 ) Any property of a union, whether in the hands of trustees or not,
union*
shall be available to answer any order made as aforesaid.
Appeal to court.
Appeal from
Sec. 55. (1) From any order of the registrar, or any industrial or
tratetrar°rmaR1S" ° ^ er magistrate or justices under this act, imposing a penalty or order
ing the payment of any sum of money or any penalty, an appeal shall
lie to the court.
On any such appeal the court may either affirm the order appealed
from or reverse the said order or reduce the amount so ordered to ibe paid
or the amount of the penalty; and, in any case, the court may make
such order as to the costs of the appeal, and of the proceedings before
the registrar, magistrate, or justices, as it thinks just.
Case may be
(2) The registrar, or any industrial or other magistrate or justices,
stated.
may on the application made by any party to any proceedings for the
payment of money or a penalty under this act state a case for the opin
ion of the court, setting forth the facts and the grounds for any order or
conviction made by him or them.
Application of
(3 ) The provisions of the justices act, 1902, and any act amending the
SceIactnS
same which relate to appeals to a court of quarter sessions and to the
stating of cases by justices for the opinion of the supreme court, and the
decision of any such court thereon, and the carrying out of such decision
shall, mutatis mutandis, and subject to any regulations made by the
court under this act, apply to and in relation to appeals to and cases
stated for the opinion of the court under this subsection.
No other ap(4) No other proceedings in the nature of an appeal from any such
peals allowed.
or;ler or by prohibition shall be allowed.
Procedure and decisions of court and boards.
Rules to govern
S ec . 56. The court or a board exercising the jurisdiction conferred by
boards.0
this act shall be governed in its procedure and in its decisions by equity
and good conscience, and shall not be bound to observe the rules ot law
governing the admissibility of evidence.
M INIM UM-W AGE LAWS— NEW SOUTH WALES.
247
Sec. 57. Where the judge is unable to attend at the time and on the Adjournments
day appointed for the nearing of any matter by the court, the registrar, of courfcor, in his absence from the court, the chief clerk, shall adjourn the court,
and also adjourn the hearing of any cases set down for that day to such
day as he may deem convenient.
Sec. 58. (1) Any decision of the court shall be final; and no award, D e c i s i o n of
and no order or proceeding of the court shall be vitiated by reason only court t0 be al*
of any informality or want of form or be liable to be challenged, appealed
against, reviewed, quashed, or called in question by any court of judi
cature on any account whatsoever.
(2) No wnt of prohibition or certiorari shall lie in respect of any
award, order, proceeding, or direction of the court relating to any indus
trial matter or any other matter which on the face of the proceedings
appears to be or to relate to an industrial matter.
(3) The validity of any proceeding or decision of the board or of a
chairman of a board shall not be challenged except as provided by this
act.
Sec. 59. In any proceeding before the court it may reserve its decision. . Court reserving
Where a decision has been so reserved it may be given at any contin-lts d
uation or adjournment of the court, or at any subsequent holding
thereof, or the judge may draw up such decision m writing, and, having
duly signed the same, forward it to the registrar. Whereupon the regis
trar shall notify the parties of his intention to proceed at some conven
ient time and place by him specified to read the same, and he shall read
the same accordingly, and thereupon such decision shall be of the same
force and effect as if given by the court.
Evidence of award and its validity.
S ec . 60. Evidence of any award, order, proclamation, notification,
rule, or regulation made under the authority of this act or any of the
repealed acts may be given by the production of any document pur
porting to be a copy thereof and purporting to be printed by the Govern
ment printer or by the authority of the minister.
Copy of Gazette
evidence,
Penalties and costs.
S ec . 61. Any penalty imposed by or under this act or the regulations R e c o v e r y
may, except where otherwise provided, be recovered upon summary pen
conviction before a stipendiary, police, or industrial magistrate, or any
two justices in petty sessions.
Sec. 62. The amount of any penalty recovered under this act shall Penalties to be
be paid into the treasury and carried to the consolidated revenue fund. §|ted revenue
S ec . 63. (1) Except where otherwise in this act provided, the court Orders
f or
or the registrar, or any industrial or other magistrate or justices, may costs,
in any proceedings for a penalty or prosecution under this act, and in
any proceedings under section 53 or for a writ of injunction, make such
order as to the payment of costs as may be thought just, and may assess
the amount of such costs.
(2) Every order for the payment of costs made by the court or the Enforcement of
registrar or the industrial magistrate shall have the effect of and be order'
deemed to be a judgment for such amount in the district court or court
of petty sessions named in the order, or if no such court is so named,
then in the metropolitan district court, at the suit of the person in whose
favor such order is made, against the person so ordered to pay costs.
Such amount may be recovered, and such recovery may be enforced
by process of such court as in pursuance of such judgment.
Sec. 64. Whosoever, before a board or the court, willfully makes on ^altyforw iU oath any false statement knowing the same to be false shall be guilty of ment.
perjury.
The registrar, industrial magistrate, and inspectors.
S ec . 65. (1) The governor may, subject to the public service act, Appointment
1902, appoint an industrial registrar who shall have the prescribed 0 regls rar*
powers and duties.
(2) The governor may appoint any person to act as a deputy for the Deputy regisregistrar appointed under this act for a time not exceeding in any rar*
248
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
case 30 days while such registrar is absent from liis duties for any cause,
and every such deputy shall while acting as such have the same juris
diction and power, and perform the same duties as if he were the
registrar.
His powers and ( 3 ) The judge may direct the registrar to inquire into any matter as to
duties.
which he requires information for the purpose of the exercise of the
jurisdiction of the court in any matter not being proceedings for a pen
alty under this act, and the registrar shall inquire accordingly, and
report to the court.
Tor the purpose of such inquiry and for the purpose of any matter
which by this act or the regulations is referred to him, the registrar may
summon any persons, administer oaths and take affidavits, and exam
ine parties and witnesses.
Every person summoned by the registrar shall be bound to attend
upon sucn summons, and shall for disobedience thereto be liable to a
penalty not exceeding £50 ($243.33).
Powers of regis- (4 ) For the purpose of hearing and determining any proceedings for a
*
penalty or for the recovery of money under this act, the registrar shall
have the powers of two justices of the peace within any police district.
Appointment
Sec. 66. (1) The governor may appoint industrial magistrates, who
d u stm a n a°gishave the qualifications of a police magistrate, and who shall
trates.
throughout the State have the jurisdiction and powers conferred by
this act on an industrial magistrate, and in the exercise of such juris
diction may do alone whatever might be done by two or more justices
sitting in petty sessions.
Deputy for in- (2 ) The governor may appoint any person duly qualified as aforetrate
masls" said to act as a deputy for any industrial magistrate appointed under
this act for a time not exceeding in any case 30 days while such magis
trate is absent from his duties for any cause, and every such deputy shall
while acting as such have the same jurisdiction and power and perform
the same duties as if he were an industrial magistrate.
Appointment
S ec . 67. (1) The governor may, subject to the public service act,
taspectOT&erS
1902, appoint inspectors, who shall have the powers and duties pre
scribed.
Any such inspector may exercise the following powers and perform
the following duties in respect of an industry as to which an award or an
industrial agreement is in force:
(a) He may at any reasonable times inspect any premises of any em
ployer upon which any such industry as aforesaid is carried on, and
any work being done therein.
(b) He may at any reasonable times require the employer in such
industry to produce for his examination, and may examine, any time
sheets and pay sheets of the employees in such industry.
(c) He may at any reasonable times examine any employee in such
industry as to the prices for piecework and the rate of wages paid to him,
and as to his hours of work as such employee.
(d) He may, on obtaining the authority of the minister, institute
proceedings for a penalty under section 53.
An inspector shall report to the minister all breaches of this act, or
of an award or industrial agreement, which have come to his knowledge.
(2)
No inspector shall have any authority under this act to enter a
private dwelling house, or the land used in connection therewith, unless
some manufacture or trade in which labor is employed is carried on
therein.
Obstructing in- ( 3 ) i f any person obstructs any inspector in the exercise of his powers
spector.
under this act or fails when duly required as aforesaid to produce any
time sheets or pay sheets, he shall be liable to a penalty not exceeding
£ 10 ($48.67).
Miscellaneous.
Time s h e e t s
gEc. 68 . (1) Every employer in an industry in respect of which
to be Sept.
an award or an industrial agreement is in force shall keep, or cause to
be kept, from day to day and at the place where his employees in such
industry are working, in the manner and to the effect prescribed, time
sheets and pay sheets of such employees, correctly written up in ink.
If he fails to carry out any of the requirements of this section he shall
be liable to a penalty not exceeding £ 1 0 ($48.67).
M INIM UM-W AGE LAWS---- NEW SOUTH WALES.
249
(2) A copy of any award whether made under the repealed acts or Exhibition of
this act shall be exhibited and kept exhibited by every employer aw
carrying on an industry to which it relates, at the place where the
industry is carried on, so as to be legible by his employees. If such
employer fails to carry out the provisions of this subsection he shall be
liable to a penalty not exceeding £1 0 ($48.67).
(3) The penalty imposed by each of the preceding subsections may
in addition to being recoverable in terms of section 61 of this act, be
ordered to be paid by the registrar or an industrial magistrate subject to
the provisions of section 54 of this act.
S e c . 69. Employers and employees shall give at least 21 days’ notice , N 0 * 1c ® Hof
of an intended change affecting conditions of employment with respect employment0
to wages or hours or the prices of piecework. During any proceedings
before a board, neither the employers nor the employees in the industry
the subject of such proceedings shall alter the conditions of employment
with respect to wages or hours, or the prices for piecework, unless upon
the recommendation of the board that they be at liberty to do so.
If any person fails to carry out any of the requirements of this section
he shall be liable to a penalty not exceeding £50 ($243.33).
S ec . 70. Any person who, either as principal or as an agent, makes or Penalty for conenters into any contract or agreement, or is or continues to be a prin- gJJ* cr°™ra?nt
cipal of or engages in any combination or conspiracy with intent to of trade,
restrain the trade of the State in any necessary commodity to the
detriment of the public, shall be liable to a penalty not exceeding £500
($2,433.25).
S e c . 71. Any person who monopolizes or attempts to monopolize, P e n a l t y for
or combines or conspires with any person to monopolize any part of monop y’
the trade of the State with intent to control, to the detriment of the
public, the supply or price of any necessary commodity, shall be liable
to a penalty not exceeding £500 ($2,433.25).
Regulations.
S ec . 72. The judge may repeal any regulations made under the R egu la tion s
repealed acts and make regulations for carrying out the provisions o fm
y j ge*
this act, and the clerical workers act, 1910, and in particular, but
without derogating from the generality of such powers—
(a) Prescribing the forms of references and applications to a board and
generally the forms to be used in carrying out this act.
(b) Prescribing the form of oath to be taken by members of boards
and committees.
(c) Regulating the exhibition by an employer of an award.
(d) Prescribing the form and mode of service of notices of meetings
of a board and of a committee, and regulating the convening of such
meetings.
(e) Prescribing the giving of notice of inspection by a board or its
members of premises used in any industry, and prescribing the form
and regulating the service of such notice.
( /) Regulating the procedure at meetings of boards and committees.
(g) Providing for the payment of expenses of witnesses; and persons
summoned by the registrar or summoned to attend a conference under
the provisions of Part V.
(h) Regulating the procedure to be followed in proceedings before
the court and before the registrar and an industrial magistrate, and in
enforcing judgments, convictions, and orders given and made under this
act.
(i) For the enforcement of orders for penalties and orders for attach
ments made under this act.
(j) Prescribing the powers and duties of the registrar, and regulating
the registration under this act of industrial unions.
(h)
Imposing any penalty not exceeding £10 ($48.67) for any breach
of such regulations.
(I) As to matters which by this act may be prescribed.
S ec . 73. (1) Regulations made under this act, on being approved Publication of
by the governor and published in the Gazette, shall, if not disallowed regu a ons*
as hereinafter provided, and if not repugnant to this act, have the force
of law.
250
BULLETIN OP THE BUREAU OF LABOR STATISTICS.
(2)
All such regulations on being gazetted shall be laid before both
houses of Parliament within 14 days if Parliament is then sitting, and,
if not sitting, then within 14 days after the next meeting of Parliament.
But if either house of Parliament passes a resolution of which notice has
been given at any time within 15 sittings days after such regulations
have been laid before such house disallowing any regulation, such
regulation shall thereupon cease to have effect.
Assented to April 15, 1912.
Sc h e d u l e s ,
in d u st r ie s a n d c allin gs .
The following extended form of the Schedules I and II to the act
displays the method of grouping of industries and callings, as at the
end of 1912. The first schedule covers the majority of industries, and
is capable of extension from time to time to meet the requirements of
advancing opinions. The additions made to the original Schedule I,
published in July, 1912, are indicated in italics:
Building trades:
Carpenters, joiners, stonemasons, bricklayers, slaters, tilers, shinglers, plasterers, gantry and crane men, painters, paperhangers,
decorators, sign writers, plumbers, gasfitters, builders’ laborers,
and all other employees engaged in the erection, alteration, or
demolition of buildings, monumental masons and assistants,
marble and slate workers, tuck pointers, tile layers, stone machin
ists and all other employees engaged in the preparation of stone for
use in the erection of buildings.
Clothing trades:
Tailors, tailoresses, machinists, cutters and trimmers, pressers,
brushers, folders, and examiners, felt and straw hat makers, textile
workers, and all other persons engaged in the manufacture of
clothing, felt and straw hats, and textile goods.
Coal mining (north):
Coal miners, wheelers, surface hands, and other persons employed
in or about coal mines north of Sydney.
Coal mining (south):
Coal miners, wheelers, surface hands, and other persons employed
in or about coal mines in the Metropolitan and the South Coast
districts.
Coal and shale mining (west):
Coal miners and shale miners, wheelers, surface hands, and other
persons employed in and about coal and shale mines west of Syd
ney.
Domestic:
Hotel, club, restaurant, caterer, tea-shop, boarding-house, and
oyster-shop employees, hairdressers, barbers, wigmakers, laun
dry employees, hospital nurses and attendants, ambulance em
ployees • employees of insane asylums and public charitable
institutions, billiard markers, medical school laboratory and micro
biology department attendants.
Engine drivers:
Shore engine drivers, firemen, greasers, trimmers, cleaners, and
pumpers.
Gas makers:
All persons employed in the making, distribution, supply and
lighting of gas, or the reading of gas meters.
Food supply and distribution (No. 1):
Bakers and assistants, bread carters, pastry cooks, employees in
biscuit and cake factories, confectioners; butchers employed
in shops, factories, slaughterhouses, and meat-preserving works,
including carters; fruit preparers* and canners and jam-factory
employees; candied-peel makers, employees in meat preserving
works, poulterers, and assistants; and yardmen, grooms, carters
and laborers employed in connection with any such callings.
M INIM UM -W AGE LAWS— NEW SOUTH WALES.
Food supply and distribution (No. 2):
Milk and ice carters, milk weighers and receivers, aerated water,
cordial, and beverage makers, brewery employees, malt-house
and distillery employees, bottlers, washers, wine and spirit store
employees, ice manufacturers, cold-storage employees, freezing
and cooling chamber employees; persons engaged throughout the
State of New South Wales in the manufacture of butterine and
margarine and in butter, cheese, and bacon factories, and persons
employed in the milk industry in the county of Cumberland, includ
ing employees of dairymen and milk vendors; grooms, laborers, and
carters employed in connection with any such callings.
Furniture trades:
Cabinetmakers, wood turners, french-polishers, upholsterers, chair
makers, blind makers, mattress makers, wire-mattress makers,
picture-frame makers, carpet planners, broom makers, brush
makers, glassworkers, sawmill and timber-yard employees, wood
machinists, coopers; wicker, pith-cane and bamboo workers;
wood carvers, pianoforte makers, billiard-table makers, loose-cover
cutters, carpet cutters andfixers, and box and case makers, employees
in box and casefactories, and sawyers wherever employed; and yard
men, carters, grooms, and laborers employed m connection
with any such callings.
Government railways:
The employees of the chief commissioner of railways and tramways
engaged on and in connection with the railways of the State.
Government tramways:
The employees of the chief commissioner of railways and tramways
employed on and in connection with the tramways of the State.
Government employees:
The employees of the Sydney Harbor trust commissioners, the
metropolitan board of water supply and sewerage, the Hunter
district water supply and sewerage board, and fire brigade
employees, and all employees on Government dredges; assist
ants and attendants in the microbiological and other public bureaus
of scientific investigation and research; nurses, attendants, and
other employees in industrial homes, hospitals for the infirm, for the
sick, andfor the insane; health and sanitary inspectors.
Iron and shipbuilding trades:
Engineers, smiths, boilermakers, iron-ship builders, angle-iron
smiths, fitters, turners, pattern makers, iron molders, black
smiths, coppersmiths, tinsmiths, sheet-iron workers, makers of
gas meters, makers, repairers, and fitters of cycles and motor
cycles, makers, fitters, repairers, and installers of electrical
apparatus and installations, and persons employed in the main
tenance of electrical apparatus and installations or in running
electrical plant, engine drivers, firemen, greasers, trimmers,
cleaners and pumpers employed on land, ship and boat builders,
and ship painters and dockers, farriers, employees engaged in
the manufacture of iron, or steel, wire-netting makers, wire-
workers, wire-fence, nail and tubular gate makers, iron-pipe makers,
molders, grinders, dressers, and polishers of any metal, and brass
finishers, canister makers, metal-ceiling employees and sheet-metal
fixers; employees engaged in the manufacture of metallic bedsteads,
metallic cots, metallic chair-beds, and metal parts of perambulators,
wagon and carriage makers and repairers, agricultural and pastoral
implements, and machinery makers and repairers, stove, oven and
grate makers and repairers, and piano-frame makers, ship joiners,
and ship carpenters, and all other persons engaged in the iron and
shipbuilding trades; and all laborers and assistants employed in
connection with any such callings.
Leather trades:
Boot, shoe, and slipper makers, coach makers, coach painters,
coach trimmers, and wheelwrights, saddle, harness, portman
teau, and bag makers, leather makers, tanners and cumers, fellmongers, wool classers, wool and basil workers, leather dressers,
and boot, shoe, and slipper repairers; and all laborers and assistants
employed in connection with any such callings.
251
252
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Laborers:
Persons engaged in tlie construction of railways, tramways, roads,
bridges, and water conservation and irrigation works, cement
makers, concrete workers, rock choppers, plate layers, hammer
and drill men, timberers, pipe layers, manhole builders, tool
sharpeners, navvies with or without horses and drays, gangers,
employees of shires or municipal councils and of the city council,
timber getters and carters; persons engaged in the demolition of
buildings, sewer miners, lime burners and makers, surveyors’ labor
ers; and all laborers and assistants employed in connection with
any such callings.
Manufacturing (No. 1):
Brick, tile, pipe, pottery, terra-cotta, and chinaware makers and
carters, tobacco, cigar, and cigarette makers and employees, bag
and sack makers, boiling-down employees, bone millers and
manure makers, makers of kerosene, naphtha, and benzine, or
any other shale products, all persons engaged in or in connection
with the manufacture and repair of rubber goods, sail, tent, and
tarpaulin and canvas makers; and all laborers and assistants
employed in connection with any such callings.
Manufacturing (No. 2):
Cardboard-box makers, grain, starch, and mill employees, condi
ment makers, tea, starch, pickles, and condiment packers, soap
and candle makers, jewelry manufacturers and jewelers, elec
troplaters, goldsmiths, silversmiths, gilders, chasers, engravers,
lapidaries, persons engaged in the manufacture or repair of watches,
clocks, electroplate ware, spectacles, optician employees (mechan
ical), metal badge workers, wholesale drug factories9 employees,
coffee and other mill employees, persons employed in or in connec
tion with the manufacture and refining of sugar, and in all the
products of sugar cane; and all laborers and assistants employed
m connection with any such callings.
Metalliferous mining (Broken Hill):
Miners and all persons engaged in and about the mines and quar
ries and ore smelting, refining, treatment, and reduction works
of Broken Hill.
Metalliferous mining (general):
Metalliferous miners, limestone miners, quarrymen, and all persons
engaged in and about metalliferous and limestone mines, quar
ries, mining dredges, or sluicing processes, ore smelting and
refining treatment and reduction works, employees engaged in or
in connection with mining for minerals other than coal or shale, and
all persons engaged in and about diamond and gem-bearing mines.
Pastoral and rural workers:
Wool classers in charge of wool rooms in shearing sheds, or in charge
of both wool rooms and shearing boards, in shearing sheds,
shearers, shearing-shed employees, shearers’ cooks, wool pressers, roustabouts.
Printing trades:
Compositors, linotype, monoline, and other typesetting or type
casting machine operators, and attendants, letter-press machin
ists, bookbinders, paper rulers, lithographic workers, metal varnishers, stone polishers, guillotine machine cutters, process
engravers, paper makers, and all persons employed in paper
mills, stereotypers, electrotypers, readers, feeders, fleers, pub
lishing employees, book sewers, folders, numberers, wire stitch
ers, perforators, embossers, tin-box makers, copperplate printers,
metallic printers box cutters and cardboard-box makers, and
all other persons employed in or in connection with the callings
herein mentioned or the printing industry.
Professional and shop workers:
Professional musicians, journalists, and paragraph writers, and
newspaper and magazine illustrators, shop assistants, cashiers
in shops and office assistants in shops, warehouse employees,
employees in any branch of the process of photography, employees in
dental workrooms and theatrical employees.
MINIM UM -W AGE LAWS— NEW SOUTH WALES.
Shipping:
Shipmasters, officers, marine engineers, marine motor drivers and
coxswains, sailors, lamp trimmers, donkey men, greasers, firemen,
trimmers, deckhands, stewards, cooks, persons employed on
dredges, tugboats, and ferryboats, turnstile hands, ticket and
change hands, wharf cleaners, and all other persons employed in
connection withferry services.
Transport:
Drivers and loaders of trolleys, drays, and carts, wharf laborers and
stevedores, coal lumpers and coal trimmers, cab and omnibus
drivers, motor-wagon drivers, wood and coal carters, yardmen,
grooms and stablemen, storemen and packers; and all persons
in any way employed in connection with the carting of goods,
produce, or merchandise.
Miscellaneous:
Billposters, undertakers, and undertakers’ assistants and drivers,
livery stable employees, drivers and buggy boys employed in con
nection with the me of light vehicles for commercial purposes, cab,
omnibus, taxicab, and motor-car drivers; coke workers, ropemakers, lift attendants, office cleaners and caretakers, watchmen,
caretakers and cleaners employed in or in connection with any place
of business, employees engaged in the working and maintenance of
privately owned railways.
Any such division, combination, arrangement, or regrouping of the
employees in the industries or callings mentioned in this sched
ule, whether according to occupation or locality as the minister,
on the recommendation of the comt, may direct.
R e g u l a t io n s u n d e r I n d u s t r ia l A r b itr a tio n A ct , 1912.
[Gazetted May 1,1912.1]
I, Edward Scholes, deputy judge of the court of industrial arbitration,
constituted under the “ Industrial arbitration act, 1912,” do hereby,
in pursuance of the powers conferred upon me by the said act, make the
following regulations for carrying out the provisions of the said act and
the “ Clerical workers act, 1910.”
constitution op b o a r d s .
Constitution and dissolution of boards for industries, appointment of
chairmen and members, and removal of members.
15. The court will, on days to be appointed, of which due notice as
hereinafter prescribed shall be given, proceed to inquire as to what
boards and with what transposition, division, combination, rearrange
ment, or regrouping of the industries or callings shall be recommended
to the minister for constitution, or appointment; and as to what chair
man; and as to what persons as members and what number of members
of such boards shall be recommended by the court to the minister for
appointment* and as to what boards shall be recommended to the
minister for dissolution, and as to what member or members of a board
shall be recommended to the minister for removal from office: Provided,
That where such inquiry involves Schedule I I of the act, the court shall
also inquire as to what matters (relating to such of the industries or
callings or sections thereof as are mentioned in such schedule) specified
by the court in its recommendation to the minister shall be within the
jurisdiction of the board.
16. The court will cause to be advertised in Form 10 hereto in two
metropolitan daily newspapers, and in such other newspapers circulating
in any specific locality as the court may think proper, and cause to be
served upon the secretary of any industrial union which shall appear
to the court to be concerned in the matter a notice of the days and
times at which the court will sit, and as to what boards and industries
shall upon those days and at those times be dealt with for the purpose
1New South Wales Industrial Gazette, Vol. I, No. 2, August, 1912, pp. 1088 et seq.
253
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BULLETIN
OF
THE BUREAU OF LABOR STATISTICS.
of making such investigations as the court shall think necessary and
advisable for the purpose.
17. All parties interested shall have the right to appear before the
court and make such representations as they may think fit.
18. The facts upon which any such parties shall rely shall be brought
before the court upon affidavits made by persons competent to affirm
thereupon.
19. On such inquiry the court may make such orders, give such direc
tions, and require such further eviaence as it may deem necessary for
the purpose of informing itself on any matters necessary for due inves
tigation of the matters in question.
The registrar shall cause such orders as the court may make on such
investigation to be served upon the persons concerned, or otherwise
carried into effect.
The recommendation.
20. A recommendation of the court shall be signed b y the judge and
sealed with the seal of the court by the registrar, and by him forwarded to
the minister.
PROCEDURE OF BOARDS.
50. The chairman of the board shall be notified by the registrar of
the constitution or appointment of such board, and he shall thereupon
convene a meeting of the board, to be held at such time and place as
he shall appoint, by serving or causing to be served upon each member
of the board a notice in Form 16 hereto. Such service may be dulyeffected b y posting such notice in a prepaid letter addressed to such
member at his address.
Every meeting of a board, subsequent to the first, shall be held at
the time and place to which the board has adjourned the proceedings.
Where the board has not adjourned the proceedings to a time and
place, a majority of the members may, by writing, require the chairman
to convene a meeting at a time and place specified; and the chairman,
by service of notice as above specified, shall convene a meeting in
accordance with the requisition. In the absence of any such requi
sition the chairman may, in similar manner, convene a meeting at such
time and place as he thinks proper.
51. Application to the court to refer to a board any matter within
the jurisdiction of such board shall be made by motion upon notice.
The order of reference shall be in Form 17 hereto.
52. Reference by the minister to a board shall be in Form 18 hereto.
53. Application to a board shall be in Form 19 hereto, the matters
claimed by the applicant being set out in the aplication in separate
paragraphs numbered consecutively. The application shall be ad
dressed to and shall be lodged with the chairman of the board.
54. Where any matter has been referred to the board, or where appli
cation has been made to the board, the chairman may direct that notice
in Form 20 hereto, or to a like effect, shall be served on such firms,
industrial unions, or persons, in such manner as he thinks fit, and pub
lished with necessary modifications in such newspapers as he thinks fit.
55. Every application to a board by an employer or employers shall
be accompanied by a statutory declaration by such employer or employ
ers that he is an employer or that they are employers of not less than 20
employees in the industry or industries in respect of which such applica
tion is made.
56. The procedure to be followed at any meeting of a board shall be as
follows, provided that the chairman of the board may, if he think fit,
vary the procedure herein prescribed, according to circumstances, in
order to give to all parties such representation as he thinks fair.
(1) The chairman of the board shall inform the board of any reference
or application made through him.
(2) Thechairman shall determine the procedure before the board, and
give such directions as to notice as he thinks fit.
(3) A t the hearing, the case for the applicant or the person conducting
any reference shall be stated.
(4) Evidence shall be called for the applicant or such person.
M1N1MUM-WAUE LAWS----NEW SOUTH WALES.
(5) Witnesses sliall be examined in the manner following:
(а) The applicant or his representative or the person conducting
the reference shall conduct the examination in chief.
(б) The respondent or his representative shall conduct the cross-
examination.
(c) Any member of the board may examine a witness.
(a) Any further question shall be put by permission of the chair
man of the board in the manner directed by the chairman.
(6) The case for the applicant or person conducting the reference shall
then close.
(7) The procedure laid down in clauses (3), (4), (5), and (6), with regard
to the case for the applicant shall apply, mutatis mutandis, to the
case for the respondent.
(8) Evidence may be called by the applicant or the person conducting
the reference in reply.
(9) The board may call witnesses.
(10) Such witnesses may, by permission of the chairman of the board,
be examined or cross-examined by any of the parties.
(11) The person or persons appearing on behalf of the respondent may
then address the board.
(12) The person or persons appearing on behalf of the applicant or the
person conducting the reference may then address the board,
when, unless otherwise ordered by the chairman, the hearing shall
close.
57. Notice of an inspection under section 33 of the act shall be in
Form 21 hereto, and shall be served by leaving it with the person osten
sibly in charge of the premises in question during working hours, 24
hours at least previous to such inspection.
58. A summons to a witness shall be in Form 22 or Form 23 hereto, and
shall be signed by the chairman of the board. Service may be effected
by delivering a copy to the witness, and at the same time producing the
original for his inspection if so desired. Any number of witnesses may
be included in one summons, but the copy served need contain only the
name of the witness upon whom it is served.
59. The chairman of a board shall keep or cause to be kept a record of
the sittings of the board, of the times of attendance of each member of
the board, and of the witnesses appearing before the board, and shall
forward or cause the same to be forwarded to the registrar on the making
of the award.
60. When a board has embodied its determination in an award, the
chairman of the board shall forward to the registrar such award, and
(for record purposes) all application papers and documents used in
connection with the hearing and all notes of the proceedings before
such board.
61. The oath to be taken by each member of a board and accountant,
under section 34 of the act, shall be in Form 24 hereto.
62. Any person appointed to a board may resign his office by for
warding a written notice of resignation to the registrar.
No member of a board shall appear before the board as an advocate
for or agent of any party before the board.
63. Appeals to the court under section 35 (3) of the act shall be made
by motion upon notice.
64. Either party to a proceeding may at any time before the hearing,
or at the hearing apply to the judge in chambers, or in court, or to the
chairman of a board, for the consent of the court or chairman, that a
person who is not or has not been actually and bona fide engaged in one
of the industries or callings in respect of which such proceeding is taken
may appear as an advocate or agent.
BREACHES OF AWARDS AND OTHER OFFENSES.
Application for order under section 49.
76.
Upon application for an order under section 49 of the act, the
complaint shall be filed in the office of the registrar.
Upon the hearing of such application, the applicant and defendant
may appear, and each conduct his case by himself, or by any counsel or
255
256
BULLETIN OF TIIE BUREAU OF LABOR STATISTICS.
attorney, or by any agent duly authorized by him in writing, provided
that such authority shall be filed with the registrar.
Appeal from district court under section 49.
77. Every appeal from a judgment or order of any district court or
court of petty sessions under section 49 of the act shall be made within
21 days by motion upon notice.
Breach of award or industrial agreement.
78. Proceedings for an order under section 50 of the act shall be com
menced by complaint filed in the office of the registrar.
Motion for writ of injunction before registrar or industrial magistrate.
79. The motion for a writ of injunction under section 50 of the act
shall be a motion upon notice in the form, mutatis mutandis, 12 hereto,
and shall be served as directed by the registrar or industrial magistrate.
The writ of injunction shall be in the form, mutatis mutandis, 28 hereto.
Committal for trial under section 50.
80. Proceedings for committal for trial by the court under section
50 of the act shall be commenced by information filed in the office of
the registrar.
Scale of costs.
81. The scale of costs to be fixed by the court under section 50
subsection 4 of the act shall, in addition to the amount of the fees of
court, be as follows:
If counsel appears—
Where the hearing does not extend be- £ . s. d.
yond 5 hours................................................ 3 3 0 ($15. 33)
Wnere the hearing extends beyond 5
hours but not beyond 10 hours............. 4 4 0 ($20. 44)
Where the hearing extends beyond 10
hours.............................................................. 6 6 0 ($30.66)
If an attorney without counsel appears—
Where the hearing does not extend be
yond 5 hours............................................... 2 2 0 ($10.22)
Where the hearing extends beyond 5
hours but not beyond 10 hours............. 3 3 0 ($15. 33)
Where the hearing extends beyond 10
hours.............................................................. 5 5 0 ($25.55)
If neither counsel nor attorney appears, but
the case is conducted by an industrial in
spector or by the party or his agent—
10 0 ( $2.43)
For each day or part of a day....................
Proceedings for penalty under section 51.
82. Proceedings for a penalty under section 51 of the act taken before
an industrial magistrate shall be by information filed in the office of the
registrar.
Proceedings for unlawful dismissal under section 52.
83. The proceedings for an offense under section 52 of the act shall
be commenced after leave of the court first obtained by summons.
Application to the court for such leave shall be by motion.
Settlement by registrar.
97.
The registrar shall settle the minutes of the award, order, or
direction, provided that if any party be dissatisfied as to the form in
which the minutes have been settled, he may, within two days of the
settlement thereof, apply to the court to vary the minutes as settled.
M INIM UM -W AGE LAWS---- NEW SOUTH WALES.
Registrar may settle without appointment.
98. The registrar may, by order or leave of the court or the judge,
settle and pass any award, order, or direction without making any
appointment to do so, or upon an appointment returnable forthwith,
or without notice to any party.
Awards, etc., to be signed by judge andfiled.
99. Every such award, order, and direction shall be approved and
signed by the judge, and be filed with the registrar.
Publication of awards.
100. Every such award, order, or direction made on appeal from a
board, or rescinding or varying any award, order, or direction shall,
when signed by the judge and filed with the registrar, be published in
the Government Gazette and in such newspapers as the judge directs.
Fees.
117. The fees to be demanded by and paid to the registrar shall be as
follows:
On every summons or notice of motion s. d.
issued, including filing fee......................... 2 6 ($0.61)
On every order or determination of the
2 6 ($0.61)
court or judge, including filing................
Affixing seal of court to any document.. .
5 0 ($1. 22}
On filing application for registration..........
5 0 ($1. 22)
On filing notice of objection to registration 2 0 ($0. 49)
On filing answer to notice of objection.. . 1 0
($0. 24)
On filing application for cancellation........
2 0 ($0.49)
On filing answer to application for cancel
lation.................................................................
2 0 ($0.49)
On filing industrial agreement or rescis
sion or variation of industrial agreement 5 0 ($1. 22)
On filing affidavit.............................................
1 0 ($0. 24)
On filing any other document......................
2 0 ($0. 49)
For issuing certificate of registration.......... 10 0 ($2.43)
Search...................................................................
1 0 ($0.24)
Inspection.......................................................
1 0 ($0.24)
For preparation of any document, per folio
of 72 words......................................................
1 0 ($0.24)
For copy of any document, per folio of 72
words................................................................. ......... 4 ($0.08)
On every order or determination of the
registrar (including filing fee)....................
2 6 ($0.61)
For certificate of registrar..............................
2 6 ($0. 61)
On every appointment before registrar.. . 1 0
($0. 24)
The fees to be paid in proceedings before an industrial magistrate or
the registrar in the exercise of the powers of justices in petty sessions
shall be according to the scale of fees fixed under the “ Justices fees
act, 1904,” and published in the Government Gazette of August 3,1910.
Allowances to witnesses, etc.
118.
The scale of allowances to witnesses and persons summoned by
the registrar, or summoned to attend a conference under the provisions
of Part V of the act, shall be;
Barristers, solicitors, medical practitioners, surveyors, architects,
and other professional men, per day, <£1 Is. ($5.11).
If country witnesses, an additional daily allowance, 5s. to £ 1 Is.
($1.22 to $5.11).
Merchants, bankers, accountants, auctioneers, and the like, per day,
10s. 6d. to £1 Is. ($2.56 to $5.11).
If country witnesses, an additional daily allowance, 5s. to 12s. 6d.
($1.22 to $3.04).
82843°— Bull. 167— 15-------17
257
258
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Tradesmen, master mariners, clerks, and the like, per day, 7s. 6d.
to 15s. ($1.83 to $3.65).
If country witnesses, an additional daily allowance, 2s. to 6s. ($0.49
to $1.46).
Artisans, journeymen, sailors, laborers, and the like, per day, 5s. to
12s. ($1.22 to $2.92).
If country witnesses, an additional daily allowance, 2s. to 6s. ($0.49
to $1.46).
Female witnesses, according to station in life, 2s. 6d. to 10s. 6d. ($0.61
to $2.56).
If country witnesses, an additional daily allowance, 2s. to 6s. ($0.49
to $1.46).
No witness shall be deemed to be a country witness who resides
within 5 miles of the principal post office or courthouse of the town
where the suit is tried, or who ordinarily proceeds to some office or
place of employment within 5 miles of such post office or courthouse.
In addition to the above allowances, country witnesses may be
allowed such sums as the court, industrial magistrate, or registrar
thinks reasonable, to provide for actual expenses of conveyance to and
from the place of trial, excluding any charges for maintenance or sus
tenance or of traveling.
Time sheets and pay sheets.
119. The time sheets and pay sheets referred to in section 68 of the act
shall be written up in English letters and figures, and shall contain the
following particulars—
(1) The full names of the employees in the industry.
(2) The occupation and classification of the employees under the
award or industrial agreement by which the industry is governed.
(3) The number of hours worked by each employee during each
week, and where there is in the award a limitation of the daily hours
of work in respect of any class of employee, and where provision is
made for payment of daily overtime, the number of hours worked by
each employee in such class during each day, and also the time or
times of starting work and the time or times of ceasing work.
(4) Where the award or industrial agreement prescribes (a) a weekly,
daily, or hourly rate of wage— the rate of wages per week, day or hour
at which each employee is paid; (b) piecework— the number and de
scription of pieces made by each employee, and the rate per piece at
which such employee is paid.
(5) The amount of wages paid to each employee, showing deductions
from such wages.
(6) Such other particulars as may be necessary to show on inspection
that the hours, rates, or wages, and payment for overtime as laid down
by the said award or industrial agreement are being complied with in
every particular.
(7) When an employee is an apprentice, his age and the date of his
apprenticeship.
Exhibition of awards.
120. Every award required by section 68 of the act to be exhibited
and kept exhibited by an employer shall be exhibited and kept ex
hibited by the employer by being securely attached to a wall, partition,
or other fixture, or notice board, at the place where the industry is car
ried on, so as to be legible by his employees either in their passage to
or from their work or during the performance of their work.
NEW ZEALAND.
IN D U ST R IA L CONCILIATION AN D A R B IT R A T IO N ACT, 1908.
S ection 1 . ( 1 ) The short title of this act is “ The industrial concilia
tion and arbitration act, 1908.”
interpretation.
S ec . 2 (as amended by act No. 239, 1908). (1) In this act, if not in
consistent with the context—
Short title.
MINIM UM -W AGE LAWS---- NEW ZEALAND.
259
“ Board” means a board of conciliation for an industrial district con
stituted under this act.
“ Court” means the court of arbitration constituted under this act.
“ Employer” includes persons, firms, companies, and corporations
employing one or more workers.
“ Industrial association” means an industrial association registered
under this act.
“ Industrial dispute ” means any dispute arising between one or more
employers or industrial unions or associations of employers and one or
more industrial unions or associations of workers in relation to industrial
matters.
“ Industrial matters” means all matters affecting or relating to work
done or to be done by workers, or the privileges, rights, and duties of
employers or workers in any industry, not involving questions which
are or may be the subject of proceedings for an indictable offense; and,
without limiting the general nature of the above definition, includes all
matters relating to—
(a) The wages, allowances, or remuneration of workers employed
in any industry, or the prices paid or to be paid therein in respect of
such employment
( b) The hours of employment, sex, age, qualification, or status of
workers, and the mode, terms, and conditions of employment;
(c) The employment of children or young persons, or of any person
or persons or class of persons, in any industry, or the dismissal of or
refusal to employ any particular person or persons or class of persons
therein;
( d) The claim of members of an industrial union of employers to
preference of service from unemployed members of an industrial
union of workers;
(e) The claim of members of industrial unions of workers to be em
ployed in preference to nonmembers;
(/) A n y established custom or usage of any industry, either gener
ally or in the particular district affected
“ Industrial union” means an industrial union registered under
this act.
“ Industry” means any business, trade, manufacture, undertaking,
calling, or employment in which workers are employed.
“ Judge” means the judge of the court of arbitration.
“ Officer” when used with reference to any union or association,
means president, vice president, treasurer, or secretary.
“ Prescribed” means prescribed by regulations under this act.
“ Registrar” means the registrar of industrial unions under this act.
“ Supreme court office ” means the office of the supreme court in the
industrial district wherein any matter arises to which such expression
relates; and, where there are two such offices in any such district, it
means the office which is nearest to the place or locality wherein any
such matter arises.
“ Trade-union,, means any trade-union registered under “ The tradeunions act, 1908,” whether so registered before or after the coming into
operation of this act.
‘ ‘ Worker ” means any person of any age of either sex employed b y any
employer to do any skilled or unskilled manual or clerical work for
hire or reward.
(2) In order to remove any doubt as to the application of the fore
going definitions of the terms4‘ employer, ” “ industry, ’ ’ and ‘ ‘ worker, ”
it is hereby declared that for all the purposes of this act an employer
shall be deemed to be engaged in an industry when he employs workers
who b y reason of being so employed are themselves engaged in that
industry, whether he employs them in the course of his trade or business
or not.
S e c . 3. The minister of labor shall have the general administration Administration
of this act.
of act.
S e c . 5 (as amended by act No. 239,1908, and act No. 33,1911). Sub- Registration of
ject to the provisions of this act, any society consisting of not less s3cietiesthan three persons in the case of employers, or fifteen in the case of
workers, lawfully associated for the purpose of protecting or furthering
260
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
the interests of employers or workers in or in connection with any speci
fied industry or industries in New Zealand, may be registered as an
industrial union under this act on compliance with the following pro
visions:
(a) An application for registration shall be made to the registrar
in writing, stating the name of the proposed industrial union, and
signed by two or more officers of the society.
(b) Such application shall be accompanied by—
(i)
A list of the members and officers of the society with the locality
in which the members and officers reside or exercise their calling.
fii) Two copies of the rules of the society.
(iii)
A copy of a resolution passed by a majority of the members
present at a general meeting of the society, specially called in accord
ance with the rules for that purpose only, and desiring registration as an
industrial union of employers, or, as the case may be, of workers.
(c) Such rules shall specify the purposes for which the society is
formed, and shall provide for—
(1) The appointment of a committee of management, a chairman,
secretary, and any other necessary officers, and, if thought fit, of a
trustee or trustees.
(ii) The powers, duties, and removal of the committee, and of any
chairman, secretary, or other officer or trustee, and the mode of supply
ing vacancies.
(iii) The manner of calling general or special meetings, the quorum
thereat, the powers thereof, and the manner of voting thereat.
(iv) The mode in which industrial agreements and any other instru
ments shall be made and executed on behalf of the society, and in
what manner the society shall be represented in any proceedings before
a board or the court.
(v) The custody and use of the seal, including power to alter or renew
the same.
(vi) The control of the property, the investment of the funds, and an
annual or other shorter periodical audit of the accounts.
(vii) The inspection of the books and the names of the members by
every person having an interest in the funds.
(viii) A register of members, and the mode in which and the terms
on which persons shall become or cease to be members, and so that no
member shall discontinue his membership without giving at least three
months’ previous written notice to the secretary of intention so to do,
nor until such member has paid all fees, fines, levies, or other dues pay
able by him under the rules, except pursuant to a clearance card duly
issued in accordance with the rules.
(ix) The purging of the rolls by striking off any members in arrears
of dues for twelve months; but this is not to free such discharged persons
from arrears due.
(x) The conduct of the business of the society at some convenient
address to be specified, and to be called ‘‘ the registered office of the
society.”
(xi) The amendment, repeal, or alteration of the rules, but so that the
foregoing requirements of this paragraph shall always be provided for.
(xii) Any other matter not contrary to law.
Same subject.
s Ec. 6. (1) On being satisfied that the society is qualified to register
under this act, and that the provisions of the last preceding section
hereof have been complied with, the registrar shall, without fee, register
the society as an industrial union pursuant to the application, and shall
issue a certificate of registration, which, unless proved to have been
canceled, shall be conclusive evidence of the fact of such registration
and of the validity thereof.
(2) The registrar shall at the same time record the rules, and also the
situation of the registered office.
Incorporation
S ec . 7. (1) Every society registered as an industrial union shall, as
of societies.
from the date of registration, but solely for the purposes of this act, be
come a body corporate by the registered name, having perpetual suc
cession and a common seal, until the registration is canceled as herein
after provided.
(2)
There shall be inserted in the registered name of every industrial
union the word “ employers” or “ workers,” according as such union is
MINIM UM -W AGE LAWS---- NEW ZEALAND.
261
a union of employers or workers, and also (except in the case of an in
corporated company) the name of the industry in connection with which
it is formed and the locality in which the majority of its members
reside or exercise their calling, as thus: “ The [Christchurch grocers’]
industrial union of employers” ; “ The [Wellington tram drivers’] in
dustrial Union of workers.”
S ec . 8. With respect to trade-unions the following special provisions Registration of
shall apply, anything hereinbefore contained to the contrary notwith- a UJ110Ils‘
standing:
(а) Any such trade-union may be registered under this act b y the
same name (with the insertion of such additional words as aforesaid).
(б) For the purposes of this act every branch of a trade-union shall
be considered a distinct union, and may be separately registered as an
industrial union under this act.
(c)
For the purposes of this act the rules for the time being of the
trade-union, with cuch addition or modification as may be necessary
to give effect to this act, shall, when recorded b y the registrar, be
deemed to be the rules of the industrial union.
S e c. 9 . With respect to the registration of societies of employers Registration of
the following special provisions shall apply:
p^oyer?
em
(a) In any case where a copartnership firm is a member of the society,
each individual partner residing in New Zealand shall be deemed to
be a member, and the name of each such partner (as well as that of the
firm) shall be set out in the list of members accordingly, as thus:
“ Watson, Brown & Co., of Wellington, boot manufacturers; the firm
consisting of four partners, of whom the following reside in New Zea
land— that is to say, John Watson, of Wellington, and Charles Brown,
of Christchurch” : Provided, That this paragraph shall not apply
where the society to be registered is an incorporated company.
( b) Except where its articles or rules expressly forbid the same,
any company incorporated under any act may be registered as an in
dustrial union of employers, and in such case the provisions of section
five hereof shall be deemed to be sufficiently complied with if the appli
cation for registration is made under the seal of the company, and
pursuant to a resolution of the board of directors, and is accompanied
(i) A copy of such resolution.
(ii) Satisfactory evidence of the registration or incorporation of the
company.
(iii) Two copies of the articles of association or rules of the company.
(iv) A list containing the names of the directors, and of the manager
or other principal executive officer of the company.
(v) The situation of the registered office of the company.
(c) Where a company registered out of New Zealand is carrying on Registration of
business in New Zealand through an agent acting under a power of j^^eign compa"
attorney, such company may be registered as an industrial union of
employers, and in such case the provisions of section five hereof shall
be deemed to be complied with if the application to register is made
under the hand of the agent for the company, and is accompanied by—
(i) Satisfactory evidence of the registration or incorporation of the
company.
(ii) Two copies of its articles of association or rules.
(iii) The situation of its registered office in New Zealand.
(iv) A copy of the power of attorney under which such agent is
acting.
(v) A statutory declaration that such power of attorney has not been
altered or revoked.
(d) In so far as the articles or rules of any such company are repug
nant to this act they shall, on the registration of the company as an
industrial union of employers, be construed as applying exclusively
to the company and not to the industrial union.
S e c . 10. In no case shall an industrial union be registered under a Societies not
name identical with that by which any other industrial union has been JSSwrMnS
registered under this act, or by which any other trade-union has been
registered under “ The trade-unions act, 1908,” or so nearly resembling
any such name as to be likely to deceive the members or the public.
262
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
Provision # to
S e c . 11. In order to prevent the needless multiplication of industrial
city"o?unionslpl1" uni °ns connected with the same industry in the same locality or indus
trial district, the following special provisions shall apply:
(а) The registrar may refuse to register an industrial union in any case
where he is of opinion that in the same locality or industrial district and
connected with the same industry there exists an industrial union to
which the members of such industrial union might conveniently
belong:
Provided, That the registrar shall forthwith notify such registered
industrial union that an application for registration has been made.
(б) Such industrial union, if dissatisfied with the registrar’s refusal,
may in the prescribed manner appeal therefrom to the court, whereupon
the court, after making full inquiry, shall report to the registrar
whether in its opinion his refusal should be insisted on or waived, and
the registrar shall be guided accordingly:
Provided, That it shall lie on the industrial union to satisfy the court
that, owing to distance, diversity of interest, or other substantial reason,
it will be more convenient for the members to register separately than
to join any existing industrial union.
Effect of regisS ec . 12. The effect of registration shall be to render the industrial
tratlon*
union, and all persons who are members thereof at the time of registra
tion, or who after such registration become members thereof, subject
to the jurisdiction by this act given to a board and the court respec
tively and liable to all the provisions of this act, and all such persons
shall be bound by the rules of the industrial union during the continu
ance of their membership.
Branch office of
S e c . 14. (1) In addition to its registered office, an industrial union
industrial union. may ajg0 have a branch office in any industrial district in which any of
its members reside or exercise their calling.
(2) Upon application in that behalf by the union, under its seal and
the hand of its chairman or secretary, specifying the situation of the
branch office, the registrar shall record the same, and thereupon the
branch office shall be deemed to be registered.
(3) The situation of the registered office and of each registered branch
office of the industrial union may be changed from time to time by the
committee of management, or in such other manner as the rules provide.
(4) Every such change shall be forthwith notified to the registrar by
the secretary of the union, and thereupon the change shall be recorded
by the registrar.
Industrial
Sec. 18. Every industrial union may sue or be sued for the purposes
rSfetered'name.11 ot' this act by the name by which it is registered; and service of any
Service of no- process, notice, or document of any kind may be effected by delivering
tices.
the same to the chairman or secretary of such union, or by leaving the
same at its registered office (not being a branch office), or by posting the
same to such registered office in a duly registered letter addressed to the
secretary of the union.
Amalgamation
S ec . 20 (as amended by act No. 33,1911). (1) Whenever two or more
unions u
industrial unions in the same industrial district connected with the
same industry desire to amalgamate go as to form one union and carry
out such desire by registering a new industrial union, the registrar
shall place upon the certificate of registration of such new union a
memorandum of the names of the unions whose registration is shown
to his satisfaction to have been canceled in consequence of such amal
gamation and registration.
(2) Where there is more than one award or industrial agreement in
force relating to that industry within the same industrial district or
any part thereof the court, on the application of any party to any such
award or industrial agreement may by order adjust the terms of such
awards or industrial agreements and such order shall have effect as if
it were a new award or industrial agreement.
(3) Until such order is made such amalgamation shall not have effect
on any existing award or industrial agreement.
Cancellation of
S ec . 21. Any industrial union may at any time apply to the registrar
registra ion.
j n the prescribed manner for a cancellation of the registration thereof,
and thereupon the following provisions shall apply:
(a)
The registrar, after giving six weeks’ public notice of his intention
to do so, may, by notice in the Gazette, cancel such registration:
M INIM UM -W AGE LAWS---- NEW ZEALAND.
263
Provided, That in no case shall the registration be canceled during
the progress of any conciliation or arbitration proceedings affecting such
union until the board or court has given its decision or made its award,
nor unless the registrar is satisfied that the cancellation is desired by a
majority of the members of the union.
(b)
The effect of the cancellation shall be to dissolve the incorpora
tion of the union, but in no case shall the cancellation or dissolution
relieve the industrial union, or any member thereof, from the obliga
tion of any industrial agreement, or award or order of the court, nor from
any penalty or liability incurred prior to such cancellation.
S e c . 22. (1) If an industrial union makes default in forwarding to Cancellation of
the registrar the returns required by section 17 hereof, and the registrar fSt^nion.0
has reasonable cause to believe that the union is defunct, he may send
b y post to the last-known officers of the union a letter calling attention
to the default, and inquiring whether the union is in existence.
(2) If within two months after sending such letter the registrar does
not receive a reply thereto, or receives a reply from any one or more of
the officers to the effect that; the union has ceased to exist, he may insert
in the Gazette, and send to the last-known officers of the union, a notice
declaring that the registration of the union will, unless cause to the
contrary is shown, be canceled at the expiration of six weeks from the
date of such notice.
(3) A t the expiration of the time mentioned in the notice the regis
trar. may, unless cause to the contrary is shown, strike the name of the
union off the register, and shall publish notice thereof in the Gazette,
and thereupon the registration of the union shall be canceled.
S e c . 23 (as amended by act No. 239, 1908). (1) Any council or other Registration of
body, however designated, representing not less than two industrial counclISunions of either employers or workers may be registered as an industrial
association of employers or workers under this act.
(2) A ll the provisions of this act relating to industrial unions, their Application of
officers and members, shall, mutatis mutandis, extend and apply to an prlor pr0Vlsl0ns*
industrial association, its officers and members, and these provisions
shall be read and construed accordingly in so far as the same are appli
cable:
Provided, That an industrial association shall not be entitled to nomi
nate or vote for the election of members of the board, or to recommend
the appointment of a member of the court.
S e c. 24. ( 1 ) An industrial dispute may relate either to the industry industrial disin which the party by whom the dispute is referred for settlement to a JJSSs ™
board or the court, as hereinafter provided, is engaged or concerned, or
to any industry related thereto.
(2) A n industry shall be deemed to be related to another where both
of them are branches of the same trade, or are so connected that indus
trial matters relating to the one may affect the other: Thus, bricklaying,
masonry, carpentering, and painting are related industries, being all
branches of the building trade, or being so connected as that the con
ditions of employment or other industrial matters relating to one of
them may affect the others.
(3) The governor may from time to time, by notice in the Gazette,
declare any specified industries to be related to one another, and such
industries shall be deemed to be related accordingly.
(4) The court shall also in any industrial dispute have jurisdiction
to declare industries to be related to one another.
S e c. 25. ( 1 ) The parties to industrial agreements under this act shall i n d u s t r i a l
in every case be trade-unions or industrial unions or industrial associa- agreements,
tions or employers; and any such agreement may provide for any matter
or thing affecting any industrial matter, or in relation thereto, or for the
prevention or settlement of an industrial dispute.
(4)
Notwithstanding the expiry of the term of the industrial agree
ment, it shall continue in force until superseded by another industrial
agreement, or by an award of the court, except where, pursuant to the
provisions of sections 21 or 22 hereof, the registration of an industrial
union of workers bound by such agreement has been canceled.
S e c . 31. (1) The governor may from time to time, by notice in the i n d u s t r i a l
Gazette, constitute and divide New Zealand or any portion thereof dlstrlcts*
into such industrial districts, with such names and boundaries, as he
thinks fit.
264
BULLETIN OF THE BUREAU OF LABOR STATISTICS.
(2) A ll industrial districts constituted under any former act relating
to industrial conciliation and arbitration and existing on the com
ing into operation of this act shall be deemed to be constituted under
this act.
Alteration
of S ec . 32. If any industrial district is constituted by reference to the
boundaries.
limits or boundaries of any other portion of New Zealand defined or
created under any act, then, in case of the alteration of such limits or
boundaries, such alteration shall take effect in respect of the district
constituted under this act without any further proceeding, unless the
governor otherwise determines.
Clerk of awards.
S ec . 33. (1) In and for every industrial district the governor shall
appoint a clerk of awards (elsewhere in this act referred to as “ the
clerk” ), who shall be paid such salary or other remuneration as the
governor thinks fit, and shall be subject to the control and direction of
the registrar.
Duties of clerk,
S ec . 35. It shall be the duty of the clerk—
(а) To receive, register, and deal with all applications within his
district lodged for reference of any industrial dispute to the board or
to the court.
(б) To convene the board for the purpose of dealing with any such
dispute.
(c) To keep a register in which shall be entered the particulars of
all references and settlements of industrial disputes made to and by the
board, and of all references, awards, and orders made to and by the
court.
(d) To forward from time to time to the registrar copies of or abstracts
from the register.
( e) To issue all summonses to witnesses to give evidence before the
board or court, and to issue all notices and perform all such other acts
in connection with the sittings of the board or court as are prescribed,
or as the court, the board, or the registrar directs.
( /) Generally to do all such things and take all such proceedings as
are prescribed by this act or the regulations thereunder, or as the court,
the board, or the registrar directs.
District boards
S e c . 36. In and for every industrial district there shall be estabofconciliation.
iiBhed a board of conciliation, which shall have jurisdiction for the
settlement of any industrial dispute which arises in such district and is
referred to the board under the provisions in that behalf hereinafter
contained.
N u m b e r of
S ec . 37. The board of each industrial district shall consist of such
board* *and Seiec- unequal number of persons as the governor determines, being not more
tion. '
than five, of whom—
(a) One (being the chairman) shall be elected by the other members
in manner hereinafter provided; and
(b) The other members shall, in manner hereinafter provided, be
elected by the respective industrial unions of employers and of workers
in the industrial district, such unions voting separately and electing
an equal number of such members:
Provided, That an industrial union shall not be entitled to vote un
less its registered office has been recorded as aforesaid for at least three
months next preceding the date fixed for the election.
Term of office.
S e c . 38. (1) The ordinary term of office of the members of the board
shall be three years from the date of the election of the board, or until
their successors are elected as hereinafter provided, blit they shall be
eligible for reelection.
Provisions for
S ec . 39. With respect to the ordinary election of the members of the
elections.
board (other than the chairman) the following provisions shall apply:
(a) The clerk shall act as returning officer, and shall do all things
necessary for the proper conduct of the election.
(b) The first ordinary election shall be held within not less than
20 nor more^ than 30 days after the constitution of the district in the
case of districts hereafter constituted, and before the expiry of the cur
rent ordinary term of office in the case of existing boards.
(c) Each subsequent ordinary election shall in every case be held
within not less than 20 nor more than 30 days before the expiry of the
current ordinarv term of office.
M INIM UM -W AGE LAWS----NEW ZEALAND.
(d) The governor may from time to time extend the period within
which any election shall be held for such time as he thinks fit, anything
hereinbefore contained to the contrary notwithstanding.
(e) The returning officer shall give 14 days’ notice, in one or more
newspapers circulating in the district, of the day and place of election.
( /) For the purposes of each election the registrar shall compile and
supply to the returning officer a roll setting forth the name of every
industrial union entitled to vote, and every such union, but no other,
shall be entitled to vote accordingly.
(g) The rule shall be supplied as aforesaid not less than 14 days
before the day fixed for the election, and shall be open for free public
inspection at the office of the clerk during office hours, from the day on
which it is received by the clerk until the day of the election.
(h) Persons shall be nominated for election in such manner as the
rules of the nominating industrial union prescribe, or, if there is no such
rule, nominations shall be made in writing under the seal of the union
and the hand of its chairman or secretary.
(i) An industrial union not entitled to vote shall not be entitled to
nominate.
(j) Each nomination shall be lodged with the returning officer not
later than 5 o’clock in the afternoon of the fourth day before the day of
election, and shall be accompanied by the written consent of the person
nominated.
(1c) Forms of nomination shall be provided by the returning officer on
application to him for that purpose.
(I)
The returning officer shall give notice of the names of all persons
validly nominated, by affixing a list thereof on the outside of the door of
his office during the three days next preceding the day of election.
(m) If it appears that the number of persons validly nominated
does not exceed the number to be elected, the returning officer shall at
once declare such persons elected.
(n) If the number of persons validly nominated exceeds the number
to be elected, then votes shall be taken as hereinafter provided.
(o)
The vote of each industrial union entitled to vote shall be signi
fied by voting paper under the seal of the union and the hands of the
chairman and secretary.
(p) The voting paper shall be lodged with or transmitted by post or
otherwise to the returning officer at his office, so as to reach his office not
later than 5 o’clock in the afternoon of the day of the election; and the
returning officer shall record the same in such manner as he thinks fit.
(q) Every voting paper with respect to which the foregoing require
ments of tms section are not duly complied with shall be deemed to be
informal.
(r) Each industrial union shall have as many votes as there are per
sons to be elected by its division.
(s) Such votes may be cumulative, and the persons, not exceeding
the number to be elected, having the highest aggregate number of valid
votes in each division shall be deemed elected.
(t) In any case where two or more candidates in the same division
have an equal number of valid votes, the returning officer, in order to
complete the election, shall give a casting vote.
( u)
As soon as possible after the votes of each division of industrial
unions have been recorded, the returning officer shall reject all informal
votes, and ascertain what persons have been elected as before provided,
and shall state the result in writing, and forthwith affix a notice thereof
on the door of his office.
(v)
If any question or dispute arises touching the right of any in
dustrial union to vote, or the validity of any nomination or vote, or the
mode of election or the result thereof, or any matter incidentally
arising in or in respect of such election, the same may in the prescribed
manner be referred to the returning officer at any time before the gazet
ting of the notice of the election of the members of the board as herein
after provided, and the decision of the returning officer shall be final.
(w) Except as aforesaid, no such question or dispute shall be raised
or entertained.
(x)
In case any election is not completed on the day appointed, the
returning officer may adjourn the election, or the completion thereof,
265
266
B U L L E T IN OF T H E BU REAU OF LABOR STATISTICS.
to the next or any subsequent day, and may then proceed with the
election.
(y) The whole of the voting papers used at the election shall be
securely kept by the returning officer during the election, and thereafter
shall be put in a packet and kept until the gazetting of the notice last
aforesaid, when he shall cause the whole of them to be effectually
destroyed.
(z) Neither the returning officer nor any person employed by him
shall at any time (except in discharge of his duty or in obedience
to the process of a court of law) disclose for whom any vote has been
tendered, or retain possession of or exhibit any voting paper used at
the election, or give to any person any information on any of the
matters herein mentioned.
(aa) If any person commits any breach of the last preceding para
graph he is liable to a fine not exceeding £20 ($97.33), to be recovered
and applied as specified in subsection 6 of section 17 hereof.
E l e c t i o n of
S e c . 40. (1) As soon as practicable after the election of the members
chairman.
0f the board, other than the chairman, the clerk shall appoint a time
and place for the elected members to meet for the purpose of electing
a chairman, and shall give to each such member at least three days’
written notice of the time and place so appointed.
(2) A t such meeting the members shall, by a majority of the votes
of the members present, elect some impartial person who is willing to
act, not being one of their number, to be chairman of the board.
Notice of elecS e c . 41. (1) As soon as practicable after the election of the chairman
tion to be gazetc ierk shall transmit to the registrar a list of the names of the respece '
tive persons elected as members and as chairman of the board, and the
registrar shall cause notice thereof to be gazetted.
(2) Such notice shall be final and conclusive for all purposes, and
the date of gazetting of such notice shall be deemed to be the date of
the election of the board.
Resignations.
S ec . 42. Any member of the board may resign, by letter to the
registrar, and the registrar shall thereupon report the matter to the
clerk.
Casual vacanS e c . 43. If the chairman or any member of the board: (a) dies; or (b)
ciesresigns; or (c) becomes disqualified or incapable under section 105
hereof; or (d) is proved to be guilty of inciting any industrial union or
employer to commit any breach of an industrial agreement or award; or
(e) is absent during four consecutive sittings of the board— his office
shall thereby become vacant, and the vacancy thereby caused shall be
deemed to be a casual vacancy.
Casual vacanS ec . 44. (1) Every casual vacancy shall be filled by the same electing
cies, how filled. authority, ana, as far as practicable, in the same manner and subject to
the same provisions, as in the case of the vacating member.
(2) Upon any casual vacancy being reported to the clerk he shall
take all such proceedings as may be necessary in order that the vacancy
may be duly supplied by a fresh election:
Provided, That the person elected to supply the vacancy shall hold
office only for the residue of the term of the vacating member.
Quorum.
S ec . 47. The presence of the chairman and of not less than one-half
in number of the other members of the board, including one of each
side, shall be necessary to constitute a quorum at every meeting of the
board subsequent to the election of the chairman:
Provided, That in the case of the illness or absence of the chairman
the other members may elect one of their own number to be chairman
during such illness or absence.
Mode of voting.
S ec . 48. In all matters coming before the board the decision of the
board shall be determined by a majority of the votes of the members
present, exclusive of the chairman, except in the case of an equality of
such votes, in which case the chairman shall have a casting vote.
Acts not to be
S e c . 49. The board may act notwithstanding any vacancy in its
questioned.
body, and in no case shall any act of the board be questioned on the
ground of any informality in the election of a member, or on the
ground that the seat of any member is vacant, or that any supposed
member is incapable of being a member.
M IN IM U M -W A G E LAW S---- N E W ZEALAN D .
267
S e c . 50. In any case where the ordinary term of office expires or is Term of office
likely to expire while the board is engaged in the investigation of any extended>when,
industrial dispute, the governor may, by notice in the Gazette, extend
such term for any time not exceeding one month, in order to enable the
board to dispose of such dispute, but for no other purpose:
Provided, That all proceedings for the election of the board’s succes
sors shall be taken in like manner in all respects as if such term were not
extended, and also that any member of the board whose term is ex
tended shall be eligible for nomination and election to the new board.
Sec . 53. Any industrial dispute may be referred for settlement to a R e f e r e n c e
board b y application in that behalf made by any party thereto, and board s p u * e to
with respect to such application and reference the following provisions
shall apply:
(a) The application shall be in the prescribed form, and shall be filed
in the office of the clerk for the industrial district wherein the dispute
arose.
( b) If the application is made pursuant to an industrial agreement,
it shall specify such agreement by reference to its date and parties, and
the date and place of the filing thereof.
(c) The parties to such dispute shall in every case be trade-unions, in
dustrial unions, or industrial associations, or employers:
But the mention of the various kinds of parties shall not be deemed to
interfere with any arrangement thereof that may be necessary to insure
the industrial dispute being brought in a complete shape before the
board; and a party may be withdrawn, or removed, or joined at any time
before the final report or recommendation of the board is made, and the
board may make any recommendation or give any direction for any
such purpose accordingly.
(d) As soon as practicable after the filing of the application the clerk
shall lay the same before the board at a meeting thereof to be convened
in the prescribed manner.
(e) An employer being a party to the reference may appear in person,
or by his agent duly appointed in writing for that purpose, or by barris
ter or solicitor where allowed as hereinafter provided.
( /) A trade-union, industrial union, or association being a party to the
reference may appear by its chairman or secretary, or by any number
of persons (not exceeding three) appointed in writing by the chairman,
or in such other manner as the rules prescribe, or by barrister or solici
tor where allowed as hereinafter provided.
(g) Except where hereinafter specially provided, every party ap
pearing b y a representative shall be bound by the acts of such repre
sentative.
(h) No barrister or solicitor, whether acting under a power of attorney
or otherwise, shall be allowed to appear or be heard before a board, or
any committee thereof, unless all the parties to the reference expressly
consent thereto, or unless he is a bona fide employer or worker in the
industry to which the dispute relates.
S ec . 54. In every case where an industrial dispute is duly referred to Powers and
a board for settlement the following provisions shall apply:
duties of board.
(a) The board shall, in such manner as it thinks fit, carefully and ex
peditiously inquire into the dispute, and all matters affecting the merits
thereof and the right settlement thereof.
(b) For the purposes of such inquiry the board shall have all the powers
of summoning witnesses, administering oaths, compelling hearing and
receiving evidence, and preserving order, which are by this act con
ferred on the court, save and except the production of books.
(c) In the course of such inquiry the board may make all such sug
gestions and do all such things as it deems right and proper for inducing
the parties to come to a fair and amicable settlement of the dispute, and
may adjourn the proceedings for any period the board thinks reason
able to allow the parties to agree upon some terms of settlement.
(d) The board may also, upon such terms as it thinks fit, refer the dis
pute to a committee of its members, consisting of an equal number of
the representatives of employers and workers, in order that such com
mittee may facilitate and promote an amicable settlement of the dispute.
268
B U L L E T IN OF T H E BUREAU OF LABOR STATISTICS.
(e)
If a settlement of the dispute is arrived at by the parties it shall
be set forth in an industrial agreement, which shall be duly executed
by all the parties or their attorneys (but not by their representatives),
and a duplicate original thereof shall be filed in the office of the clerk
within such time as is named by the board in that behalf.
(/) If such industrial agreement is duly executed and filed as
aforesaid, the board shall report to the clerk of awards that the dispute
has been settled by industrial agreement.
(g) If such industrial agreement is not duly executed and filed as
aforesaid, the board shall make such recommendation for the settle
ment of the dispute, according to the merits and substantial justice of
the case, as the board thinks fit.
(h) The board’s recommendation shall deal with each item of the
dispute, and shall state in plain terms, avoiding as far as possible all
technicalities, what in the board’s opinion should or should not be
done by the respective parties concerned.
(i) The board’s recommendation shall also state the period during
which the proposed settlement should continue in force, being in no
case less than six months nor more than three years, and also the date
from which it should commence, being not sooner than one month
nor later than three months after the date of the recommendation.
(j) The board’s report or recommendation shall be in writing under
the hand of the chairman, and shall be delivered by him to the clerk
within two months after the day on which the application for the refer
ence was filed, or within such extended period, not exceeding one
additional month, as the board thinks fit.
(k) Before entering upon the exercise of the functions of their office
the members of the board, including the chairman, shall make oath
or affirmation before a judge of the supreme court that they will
faithfully and impartially perform the duties of their office, and also
that except in the discharge of their duties they will not disclose to any
person any evidence or other matter brought before the board:
Provided, That in the absence of a judge of the supreme court such
oath or affirmation may be taken before a magistrate or such other per
son as the governor from time to time authorizes in that behalf.
Report to be
S ec. 55. Upon receipt of the board’s report or recommendation the
e •
clerk shall (without fee) file the same, and^allow all the parties to have
free access thereto for the purpose of considering the same and taking
copies thereof, and shall, upon application, supply certified copies for
a prescribed fee.
Procedure
if
S ec. 56. If all or any of the parties to the reference are willing to
board’s6 S recom- accePt the board’s recommendation, either as a whole or with modincamendation.
tions, they may, at any time before the dispute is referred to the court
under the provisions in that behalf hereinafter contained, either ex
ecute and file an industrial agreement in settlement of the dispute or
file in the office of the clerk a memorandum of settlement.
Memorandum
Sec. 57. With respect to such memorandum of settlement the followofsettlement.
j ng provisions shall apply:
(а) It shall be in the prescribed form, and shall be executed by all
or any of the parties or their attorneys (but not by their representa
tives).
(б) It shall state whether the board’s recommendation is accepted
as a whole or with modifications, and in the latter case the modifica
tions shall be clearly and specifically set forth therein.
(c)
Upon the memorandum of settlement being duly executed and
filed the board’s recommendation shall, with the modifications (if any)
set forth in such memorandum, operate and be enforceable in the same
manner in all respects as an industrial agreement duly executed and
filed by the parties.
Acceptance of
S e c . 58. A t any time before the board’s recommendation is filed all
mendationreC° m" or any ° f the parties to the reference may by memorandum of consent in
the prescribed form, executed by themselves or their attorneys (but
not by their representatives), and filed in the office of the clerk, agree
to accept the recommendation of the board, and in such case the
board’s recommendation, when filed, shall operate and be enforceable
in the same manner in all respects as an industrial agreement duly
executed and filed by the parties.
M IN IM U M -W A G E LAW S---- N E W ZEALAN D .
269
Sec. 59. With, reference to every industrial dispute which, having Reference to
been duly referred to the board, is not settled under the provisions for notrtsettiedSPbv
settlement hereinbefore contained, the following special provisions board,
shall apply:
(а) A t any time within one month after the filing of the board’s
recommendation any of the parties may, by application in the pre
scribed form filed in the office of the clerk, refer such dispute to the
court for settlement, and thereupon such dispute shall be deemed to
be before the court. .
(б) If at the expiration of such month no such application has been
duly filed, then on and from the date of such expiration the board’s
recommendation shall operate and be enforceable in the same manner
in all respects as an industrial agreement duly executed and filed by
the parties.
S ec . 60. Notwithstanding anything to the contrary in this act, either Power to refer
party to an industrial dispute which has been referred to a board of con- ^ S t te direct t0
dilation may, previous to the hearing of such dispute by the board,
file with the clerk an application in writing requiring the dispute to
be referred to the court of arbitration, and that court shall have juris
diction to settle and determine such dispute in the same manner as if
such dispute had been referred to the court under the provisions of
section 59 hereof.
S ec . 61. The board may, in any matter coming before it, state a case B o a r d ma y
for the advice and opinion of the court.
state caseS e c . 62. There shall be one court of arbitration (in this act called Court of arbi‘ ‘ The court” ) for the whole of New Zealand for the settlement of tratio:aindustrial disputes pursuant to this act.
S ec . 63. The court shall have a seal, which shall be judicially no- Seal,
ticed in all courts of judicature and for all purposes.
S ec . 64. The court shall consist of three members, who shall be Constitution of
appointed by the governor. Of the three members of the court one courtshall be the judge of the court, and shall be so appointed, and the other
two (hereinafter called “ nominated members” ) shall be appointed as
hereinafter provided.
S ec . 65. (1) No person shall be eligible for appointment as judge of Appointment
the court unless he is eligible to be a judge of the supreme court.
ofjudge.
(2) The judge so appointed shall, as to tenure of office, salary, emolu
ments, and privileges (including superannuation allowance), have the
same rights and be subject to the same provisions as a judge of the su
preme court.
(5)
This act shall be deemed to be a permanent appropriation of the
salary of the judge of the court.
S ec . 66 (as amended by act 239, 1908). (1) Of the two nominated A ppointm ent
members of the court one shall be appointed on the recommendation o em sof the industrial unions of employers and one on the recommendation
of the industrial unions of workers.
(2)
For the purposes of the appointment of the nominated members of
the court (other than the judge) the following provisions shall apply:
(a)
Each industrial union may, within one month after being re
quested so to do by the governor, recommend to the governor the names
of two persons, one to be the nominated member and one to be the act
ing nominated member of the court, and from the names so recom
mended the governor shall select four persons as follows:
One from the persons recommended by the unions of employers and
one from the persons recommended by the unions of workers, and shall
appoint them to be nominated members of the court; and
One from the persons recommended by the unions of employers and
one from the persons recommended by the unions of workers, and
appoint them to be acting nominated members of the court.
(aa) In so appointing the members and acting members of the court
on the recommendation of the industrial unions, the governor shall
take into account the voting power of each such union, as determined
in manner following; that is to say:
(i) Every union having not more than 50 members shall be deemed
to have 1 vote.
(ii) Every union having more than 50 members shall be deemed to
have 1 vote for every complete 50 of its members. For the purpose of so
270
B U L L E T IN OF T H E BUREAU OF LABOR STATISTICS.
estimating the voting power of a union, the number of its members shall
be deemed to be the number specified in the last annual list forwarded
by the union to the registrar, in pursuance of section 17 hereof.
(6)
The recommendation shall m each case be made in the name and
under the seal of the union, by the committee of management or other
governing authority thereof, however designated.
(c) If either of the divisions of unions fails or neglects to duly make
any recommendation within the aforesaid period, the governor shall, as
soon thereafter as may be convenient, appoint a fit person to be a nomi
nated member or an acting nominated member of the court, as the case
may be; and such person shall be deemed to be appointed on the rec
ommendation of the said division of unions.
(d) As soon as practicable after the nominated members and acting
nominated members of the court have been appointed their appoint
ment shall be notified in the Gazette, and such notification shall be
final and conclusive for all purposes.
Term of office.
(3 ) Every nominated member or acting nominated member of the
court shall hold office for three years from the date of the gazetting of
his appointment or until the appointment of his successor and shall be
eligible for reappointment.
a cting memS e c . 68. (1) If at any time either of the nominated members of the
r t0 act>when. court jg unable, by reason of illness or other cause to attend any sit
ting of the court on the day fixed for the same, and it is likely that he
will be unable to attend any sitting of the court within seven days after
the day so fixed, he may notify the clerk thereof.
(2)^ If at any time the clerk (whether or not he has been so notified)
is satisfied that any such member is by reason of illness or other cause
unable to attend any sitting of the court on the day fixed for the same,
and it is likely that he will be unable to attend for seven days after
the day so fixed, he shall notify the fact to the judge, who shall there
upon summon the acting nominated member appointed as aforesaid on
the recommendation of the industrial unions of employers or of work
ers, as the case may be, to attend the sitting of the court and to act as
a nominated member of the court during the absence of the nominated
member who is unable to attend, and while so acting he shall haye and
may exercise all the powers, functions, and privileges of the nominated
member for whom he is acting.
(3) On receipt by the cleric of a notice in writing, signed by the
nominated member of the court, that he is able to resume the duties
of his office, the acting nominated member shall cease to act as
aforesaid:
Prodded, That if he is then employed upon the hearing of a case
he shall complete such hearing before so ceasing to act.
(4) The absence of the nominated member of the court while the
acting nominated member is so acting shall not be deemed to have
created a casual vacancy under section 71 hereof.
Same subject.
S e c . 69. (1) In any case where the permanent nominated member
is himself a party to the dispute or proceedings, and is consequently
unable to act as member, the acting nominated member may attend
and act; and the provisions of the last preceding section shall, mutatis
mutandis, apply.
(2) If in any such case as last aforesaid there is no duly appointed
acting nominated member who can attend and act. the governor may,
on the recommendation of the judge, appoint a fit person to attend
and act for the purpose of hearing and determining the dispute or
proceedings to which the permanent nominated member is a party,
and the person so appointed shall be deemed to be an acting nominated
member for the purpose aforesaid.
Oath of office.
Sec. 73. Before entering on the exercise of the functions of their office
the nominated members of the court shall make oath or affirmation
before the judge that they will faithfully and impartially perform the
duties of their office, and also that, except in the discharge of their
duties, they will not disclose to any person any evidence or other mat
ter brought before the court.
Remuneration
S e c . 74. (1) There shall be paid to each nominated member of the
theS urt
court the annual sum of £500 ($2,433.25), in addition to such traveling
expenses as are prescribed by regulations.
M INIM UM -W AGE LAWS---- NEW ZEALAND.
271
(2) This act shall be deemed to be a permanent appropriation of the
salaries of the nominated members of the court.
S e c . 75. (1) The governor may from time to time appoint some fit Registrar to the
person to be registrar to the court, who shall be paid such salary as the courtgovernor thinks fit, and shall be subject to the control and direction of
the court.
(2)
The governor may also from time to time appoint such clerks and Officers,
other officers of the court as he thinks necessary, and they shall hold
office during pleasure, and receive such salary or other remuneration as
the governor thinks fit.
S e c. 76. The court shall have jurisdiction for the settlement and Jurisdiction,
determination of any industrial dispute referred to it under the pro
visions of this act.
Sec . 77. Forthwith after any dispute has been duly referred to the N o t i c e to
court for settlement under the provisions in that behalf hereinbefore J ges*
contained, the clerk shall notify the fact to the judge.
S ec . 78. Subject to provisions hereinafter contained as to the jointo Pro~
ing or striking out of parties, the parties to the proceedings before the c m§s‘
court shall be the same as in the proceedings before the board, and the
provisions hereinbefore contained as to the appearance of parties
before a board shall apply to proceedings before the court.
S ec . 79. With respect to the sittings of the court the following pro- S i t t i n g s of
visions shall apply:
court(a) The sittings of the court shall be held at such time and place as
are from time to time fixed by the judge.
(b) The sittings may be fixed either for a particular case or generally
for all cases then before the court and ripe for hearing, and it shall be
the duty of the clerk to give to each member of the court, and also to
all parties concerned, at least three clear days’ previous notice of the
time and place of each sitting.
(c) The court may be adjourned from time to time and from place to
place in manner following, that is, to say :
(i) B y the court or the judge at any sitting thereof, or if the judge
is absent from such sitting, then by any other member present, or if
no member is present, then by the clerk; and
(ii) B y the judge at any time before the time fixed for the sitting, and
in such case the clerk shall notify the members of the court and all
parties concerned.
S e c . 80. Any party to the proceedings before the court may appear Appearance of
personally or b y agent, or, with the consent of all the parties, b y barris- p
ter or solicitor, and may produce before the court such witnesses, books,
and documents as such party thinks proper.
S e c . 81. The court shall in all' matters before it have full and ex- P o w e r s o f
elusive jurisdiction to determine the same in such manner in all courtrespects as in equity and good conscience it thinks fit.
S ec . 82. The following provisions shall have effect both with refer- Provisions as to
ence to applications and disputes pending on the coming into operation d?sputes°nS a
of this act and to applications hereafter filed:
(а) The court may at or before the hearing of any dispute take steps
to ascertain whether all persons who ought to be bound by its award
have been cited to attend the proceedings.
(б) Whenever the court is o f opinion, whether from the suggestion of
parties or otherwise, that all such persons have not been cited it may
direct that further parties be cited, and may postpone the hearing of the
dispute until such time as it may conveniently be heard; and in such
case the time for making the award under section 88 hereof shall not
be deemed to commence to run until such direction has been complied
with.
(c)
Whenever the court is satisfied, b y means of a statutory declara
tion of the secretary or president of any industrial union or industrial
association, or of any employer, or by any other means that the court
thinks sufficient, that reasonable steps have been taken b y the appli
cant to cite all persons known to the applicant to be engaged in the
industry to which the proposed award is intended to apply, but is of
opinion that it is probable that further parties ought to be bound who,
from their being numerous, or widely scattered, or otherwise, could
not reasonably have been cited personally, the court, or, when it is not
272
B U L L E T IN OP TH E BUREAU OF LABOR STATISTICS.
Evidence.
sitting, the judge, may by order fix a day for the hearing, and give
public notice thereof by advertisement or otherwise in such places and
lor such time or otherwise in such manner as it b y such order determines.
(d) Such notice shall state the time and place of the intended sitting
and the industry affected by the proposed award.
(e) The aforesaid order of the court or judge shall be conclusive evi
dence that it was made upon proper grounds, and a recital or statement
in an award that such an order has been made shall be conclusive evi
dence of the fact.
( /) The cost of such notice shall be ascertained b y the clerk and
paid to him by the applicant before the same is incurred.
(g) Proof of the giving of such notice shall be sufficient proof of notice
of the proceedings to every person, whether employer or worker, con
nected with or engaged in the industry to which the proceedings relate
in the industrial district or the part thereof to which the award is
intended to apply; and every such person, whether an original party
to the proceedings or not, shall be entitled to be heard, and shall be
bound b y the award when made.
( h) The fixing of a date for the hearing shall not deprive the court of
its power to adjourn the hearing; but any person who desires to have
any adjournment notified to him may send intimation to that effect to
the clerk, who shall enter his name and address in a book to be kept
for that purpose, and thereafter keep him informed of any adjournment
or postponement of the hearing.
(i) Any person may be made a party to an application by the appli
cant without an order of the court at any time not being less than seven
days before the hearing of a dispute, and the court shall determine
whether such person should property be made a party to the award.
S e c . 83. With respect to evidence in proceedings before the court the
following provisions shall apply:
(a) Formal matters which have been proved or admitted before the
board need not be again proved or admitted before the court, but shall
be deemed to be proved.
(b) On the application of any of the parties, and on payment of the
prescribed fee, the clerk shall issue a summons to any person to appear
and give evidence before the court.
(c) The summons shall be in the prescribed form, and may require
such person to produce before the court any books, papers, or other
documents in his possession or under his control in any way relating to
the proceedings.
(d) All books, papers, and other documents produced before the
court, whether produced voluntarily or pursuant to summons, may be
inspected by the court, and also by such of the parties as the court
allows; but the information obtained therefrom shall not be made
public, and such parts of the documents as, in the opinion of the court,
do not relate to the matter at issue may be sealed up.
( e) Every person who is summoned and duly attends as a witness
shall be entitled to an allowance for expenses according to the scale for
the time being in force with respect to witnesses in civil suits under
“ The magistrates’ courts act, 1908.’ ’
(/) If any person who has been duly served with such summons, and
to whom at the same time payment or tender has been made of his
reasonable traveling expenses according to the aforesaid scale, fails to
duly attend or to duly produce any book, paper, or document as re
quired by his summons he commits an offense, and is liable to a fine not
exceeding £20 ($97.33) or to imprisonment for any term not exceeding
one month, unless he shows that there was good and sufficient cause for
such failure.
(g) For the purpose of obtaining the evidence of witnesses at a dis
tance the court, or, whilst the court is not sitting, the judge, shall have
all the powers and functions of a magistrate under “ The magistrates’
courts act, 1908,” and the provisions of that, act relative to the taking
of evidence at a distance shall, mutatis mutandis, apply in like manner
as if the court were a magistrate’s court.
(h) The court may take evidence on oath, and for that purpose any
member, the clerk, or any other person acting under the express or
implied direction of the court, may administer an oath.
M IN IM U M -W A G E LAW S---- N E W ZEALAN D .
273
(i)
On any indictment for perjury it shall be sufficient to prove that
the oath was administered as aforesaid.
(j) The court may accept, admit, and call for such evidence as in
equity and good conscience it thinks fit, whether strictly legal evidence
or not.
(k) Any party to the proceedings shall be competent and may be
compelled to give evidence as a witness.
(1) The court in its discretion may order that all or any part of its
proceedings may be taken down in shorthand.
(m) On the hearing before the court of any industrial dispute the
court may, if it thinks fit, dispense with any evidence on any matter
on which all parties to the dispute have agreed in writing either as an
industrial agreement or by memorandum before the board.
S e c . 84. (1) The presence of the judge and at least one other member Quorum,
shall be necessary to constitute a sitting of the court.
(2) The decision of a majority of the members present at the sitting D e c i s i o n of
of the court, or if the members present are equally divided in opinion, court*
then the decision of the judge, shall be the decision of the court.
(3) The decision of the court shall in every case be signed by the
judge, and may be delivered by him, or by any other member of the
court, or by the clerk.
S e c . 85. The court may refer any matters before it to a board for Matters re
investigation and report, and in such case the award of the court may,
board,
if the court thinks fit, be based on the report of the board.
S e c. 8 6 . The court may at any time dismiss any matter referred to it Court may diswhich it thinks frivolous or trivial, and in such case the award may be miss cases*
limited to an order upon the party bringing the matter before the court
for payment of costs of bringing the same.
S e c . 87. The court in its award may order any party to pay to the C o u r t ma y
other party such costs and expenses (including expenses of witnesses) award costsas it deems reasonable, and may apportion such costs between the par
ties or any of them as it thinks fit, and may at any time vary or alter any
such order in such manner as it thinks reasonable:
Provided, That in no case shall costs be allowed on account of barris
ters, solicitors, or agents.
S e c . 88. The award of the court on any reference shall be made within Award^ to be
one month after the court began to sit for the hearing of the reference, made>whenor within such extended time as in special circumstances the court
thinks fit.
S e c . 89. (1) The award shall be signed by the judge, and have the . Award open to
seal of the court attached thereto, and shall be deposited in the office insPectlonof the clerk of the district wherein the reference arose, and be open to
inspection without charge during office hours by all persons interested
therein.
(2) The clerk shall upon application supply certified copies of the
award for a prescribed fee.
S ec . 90 (as amended by act No. 239, 1908). (1) The award shall be T e r m s
of
framed in such manner as shall best express the decision of the court, award*
avoiding all technicality where possible, and shall specify—
(a) Each original party on whom the award is binding, being in every
case each trade-union, industrial union, industrial association, or em
ployer who is party to the proceedings at the time when the award is
made.
(b) The industry to which the award applies.
(c) The industrial district to which the award relates, being in every
case the industrial district in which the proceedings were commenced.
(d) The currency of the award, being any specified period not exceed
ing three years from the date of the award:
Provided, That, notwithstanding the expiration of the currency of the
award, the award shall continue in force until a new award has been
duly made or an industrial agreement entered into, except where, pur
suant to the provisions of section 21 or 22 hereof, the registration of an
industrial union of workers bound by such award has been canceled.
(2)
The award shall also state in clear terms what is or is not to be
done by each party on whom the award is binding, or by the workers
affected by the award, and may provide for an alternative course to be
taken by any party.
82843° — Bull. 167—15-------18
274
B U L L E T IN OF T H E BUREAU OF LABOR STATISTICS.
(3) The award, by force of this act, shall extend to and bind as sub
sequent party thereto every trade-union, industrial union, industrial
association, or employer who, not being an original party thereto, is at
any time whilst the award is in force connected with or engaged in the
industry to which the award applies within the industrial district to
which the award relates.
(4) The court may in any award made by it limit the operation of
such award to any city, town, or district being within or part of any
industrial district.
(5) The court shall in such case have power, on the application of
any trade-union, industrial union, industrial association, or employer
in industrial district within which the award has effect, to extend
the provisions of such award (if such award has been limited in its
operation as aforesaid) to any trade-union, industrial union, industrial
association, employer, or person within such industrial district.
(6) The court may, if it thinks fit, limit the operation of any award
heretofore made to any particular town, city, or locality in any indus
trial district in which such award now has effect.
(7) The extension or limitation referred to in subsections 5 and 6
of this section shall be made upon such notice to and application of
such parties as the court may in its discretion direct.
Awards made
Sec. 91. (1) Any award in force on the coming into operation of this
continue in force! act shall, notwithstanding the expiration of the currency of such award,
* continue in force until a new award has been made under this act,
except where, pursuant to the provisions of section 21 or 22 hereof, the
registration of an industrial union of workers bound by such award has
been canceled.
(2)
The court may, upon notice to any trade-union, industrial union,
industrial association, or employer within the district, and engaged in
the industry to which any such award applies, not being an original
party thereto, extend the award and its provisions to such trade-union,
industrial union, industrial association, or employer.
Power to exSec. 92 (as amended by act No. 239,1908). (1) With respect to every
arfaward *mend award, whether made before or after the coming into operation of this
act, the following special powers shall be exercisable by the court by
order at any time during the currency of the award, that is to say:
(а) Power to amend the provisions of the award for the purpose of
remedying any defect therein or of giving fuller effect thereto;
(aa) Power *to amend the provisions of any award made before the
commencement of this act in the flax industry, where such amendment
is deemed necessary or advisable by reason of any alteration in the
profits of that industry:
Provided, That no such amendment shall be made unless the court is
first satisfied that a substantial number of the workers and employers
engaged in that industry are desirous that the award should be reviewed
by the court.
(б) Power to extend the award so as to join and bind as party thereto
any specified trade-union, industrial union, industrial association, or
employer in New Zealand not then bound thereby or party thereto,
but connected with or engaged in the same industry as that to which
the award applies:
Provided, That the court shall not act under this paragraph except
where the award relates to a trade or manufacture the products of which
enter into competition in any market with those manufactured in
another industrial district, and a majority of the employers engaged and
of the unions of workers concerned in the trade or manufacture are bound
by the award;
Provided also, That, in case of an objection being lodged to any such
award by a union of employers or workers in a district other than that
in which the award was made, the court shall sit for the hearing of the
said objection in the district from which it comes, and may amend or
extend the award as it thinks fit:
Provided further, That, notwithstanding anything contained in this
paragraph, the court may extend an award to another industrial district
so as to join and bind as parties to the award any specified trade-union,
industrial union, industrial association, or employer where the award
relates to a trade or manufacture the products of which enter into com-
275
M IN IM U M -W A G E LAW S---- N E W ZEALAN D .
petition in any market with those manufactured in the industrial dis
trict wherein the award is in force.
(2) The award, by force of this act, shall also extend to and bind
every worker who is at any time whilst it is in force employed by any
employer on whom the award is binding; and if such worker commits
any breach of the award he shall be liable to a fine not exceeding £10
($48.67), to be recovered in like manner as if he were a party to the
award.
S e c . 93. (1) The powers by the last preceding section conferred Application to
upon the court may be exercised on the application of any party courtbound by the award.
(2) A t least 30 days’ notice of the application shall be served on all
other parties, including, in the case of an application under paragraph
(6) of that section, every trade-union industrial union, industrial asso
ciation, or employer to whom it is desired that the award should be
extended.
(3) The application may be made to the court direct, without pre
vious reference to the board.
S e c . 94. (1) Notwithstanding anything to the contrary in this act, Court may add
the court shall have full power, upon being satisfied that reasonable award.16 s t0 an
notice has been given of any application in that behalf, to add any
party or parties to any award; ana thereupon any such party or parties
shall be bound by the provisions thereof, subject to any condition or
qualification contained m the order adding such party or parties.
(2)
Orders adding parties heretofore made by the court shall be valid
as if made in exercise of the foregoing power, whether made in pur
suance of reservation in the award or not.
S ec. 95 . ( 1 ) Where workers engaged upon different trades are em- Award applied
ployed in any one business of any particular employer, the court may trades,
make one award applicable to such business, and embracing, as the
court thinks fit, the whole or part of the various branches constituting
the business of such employer.
(2)
Before the court shall exercise such power notice shall be given
to the respective industrial unions of workers engaged in any branch
of such business.
S ec . 96 (as amended by act of Oct. 28, 1911). (1) In all legal and Award to be
other proceedings on the award it shall be sufficient to produce the evldenceaward with the seal of the court thereto, or a copy of the award certi
fied under the hand of the clerk of awards, or any official printed copy
of the award published by the labor department, and it shall not be
necessary to prove any conditions precedent entitling the court to
make the award.
(2)
Proceedings in the court shall not be impeached or held bad for P roceedin gs
want of form, nor shall the same be removable to any court by cer- p ^ che^
im"
tiorari or otherwise; and no award, order, or proceeding of the court
shall be liable to be challenged, appealed against, reviewed, quashed,
or called in question by any court of judicature on any account what
soever.
Sec. 97 (as amended by act 239,1908). The court in its award, or by Court to fix
order made on the application of any of the parties at any time whilst breachCo?award!
the award is in force, may fix and determine what shall constitute a
breach of the award.
Sec. 98. The court in its award, or by order made on the applica- Court may pretion of any of the parties at any time whilst the award is in force, rate of wages™1™
may prescribe a minimum rate of wages or other remuneration, with
special provision for a lower rate being fixed in the case of any worker
who is unable to earn the prescribed minimum:
Provided, That such lower rate shall in every case be fixed by such
tribunal in such manner and subject to such provisions as are specified
in that behalf in the award or order.
S ec . 99. In every case where the court in its award or other order
directs the payments of costs or expenses it shall fix the amount
thereof, and specify the parties or persons by and to whom the same
shall b& paid.
S e c. 100 (as amended by act No. 239,1908). ( 1 ) Every inspector ap-
Costs
to
be
Inspectors
of
pointed under the factories act, 1908, shall be an inspector of awards aw
under this act, and shall be charged with the duty of seeing that the
276
B U L L E T IN OF TH E BUREAU OF LABOR STATISTICS.
provisions of any industrial agreement, or award, or order of the court
are duly observed.
(2) Every inspector of mines appointed under either the coal mines
act, 1908, or the mining act, 1908, shall be an inspector of awards, and
shall be charged with the duty of seeing that the provisions of any such
agreement, award, or order are duly observed in any coal mine or mine
within his district.
(3) In the discharge of such duty an inspector of awards may require
any employer or worker to produce for his examination any wages books
ana overtime books necessary for the purposes of this section; and, in
addition, every such^ inspector shall have and may exercise all the
powers conferred on inspectors of factories by section 6 of the factories
act, 1908, and that section and sections 7 and 8 of the same act shall,
mutatis mutandis, extend and apply to inspectors of awards.
(4) Except for the purposes of this act, and in the exercise of his
functions under this act, an inspector shall not disclose to any person
any information which in the exercise of such functions he acquires;
and any inspector who, in contravention of this act, divulges any infor
mation shall be liable to a fine not exceeding £50 ($243.33).
(5) A wages and overtime book shall be kept by every employer
bound by an award or industrial agreement, and every such employer
who fails to keep such book, or willfully makes any false entry therein,
is liable to a fine not exceeding £50 ($243.33).
(6) A ll fines under this section shall be recoverable summarily before
a magistrate in accordance with the justices of the peace act, 1908.
Jurisdiction of S e c . 103. The court shall have full and exclusive jurisdiction to deal
court*
with all offenses under paragraph (f) of section 83, section 108, section
114, section 115, or section 120 hereof, and for that purpose the following
provisions shall apply:
(а) Proceedings to recover the fine by this act imposed in respect of
any such offense shall be taken in the court in a summary way under
the provisions of the justices of the peace act, 1908, and those provisions
shall, mutatis mutandis, apply in like manner as if the court were a
court of justices exercising summary jurisdiction under that act:
Provided, That in the case of an offense under section 114 of this act
(relating to contempt of court) the court, if it thinks fit so to do, may
deal with it forthwith without the necessity of an information being
taken or a summons being issued.
(б) For the purpose of enforcing any order of the court made under
this section, a duplicate thereof shall by the clerk of awards be filed in
the nearest office of the magistrate’s court, and shall thereupon, accord
ing to its tenor, be enforced in all respects as a final judgment, convic
tion, or order duly made by a magistrate under the summary provisions
of the justices of the peace act, 1908.
(c) The provisions of section 96 hereof shall, mutatis mutandis, apply
to all proceedings and orders of the court under this section.
(d) All fines recovered under this section shall be paid into the public
account and form part of the consolidated fund.
Court may
Sec. 104. The court shall have power to make rules for the purpose
make rules.
0f regulating the practice and procedure of the court, and the proceed
ings of parties: Provided, That such rules shall not conflict with regu
lations made under section 127 hereof.
DisqualifiesS e c . 105. The following persons shall be disqualified from being
of°board ofcour? appointed, or elected, or from holding office as chairman or as member of
* any board, or as nominated member or acting nominated member of
the court; and if so elected or appointed shall be incapable of con
tinuing to hold the office:
(a) A bankrupt who has not obtained his final order of discharge;
( b) Any person convicted of any crime for which the punishment is
imprisonment with hard labor for a term of six months or upwards; or
(c) Any person of unsound mind; or
(d) An alien.
Judge may
s EC. 106 (as amended by act No. 239, 1908). The judge of the arbistate case.
tration court may in any matter before the court state a case for the
opinion of the court of appeal on any question of law arising in the
matter.
M IN IM U M -W A G E LAW S-----N E W ZEALAN D .
Sec. 107 (as amended by act 33, 1911). (1) Where an industrial
union of workers is party to an industrial dispute, the jurisdiction of the
board or court to deal with the dispute shall not be affected by reason
merely that no member of the union is employed by any party to the
dispute, or is personally concerned in the dispute.
277
Jurisdiction not
(2) An industrial dispute shall not be referred for settlement to a References apboard by an industrial union or association, nor shall any application Prove<1 by unlon*
be made to the court by any such union or association for the enforce
ment of any industrial agreement or award or order of the court, unless
and until the proposed reference or application has been approved by
the members of the union or of each of the unions concerned in manner
following; that is to say:
(a)
B y resolution passed at a special meeting of the union and con
firmed by subsequent ballot of the members, a majority of the votes
recorded being in favor thereof, the result of such ballot to be recorded
on the minutes.
(3) Each such special meeting shall be duly constituted, convened, . Special meetand held in manner provided by the rules, save that notice of the pro- mg*
posal to be submitted to the meeting shall be posted to all the members,
and that the proposal shall be deemed to be carried if, but not unless,
a majority of all the members present at the meeting of the industrial
union vote in favor of it.
(4) A certificate under the hand of the chairman of any such special Certificate of
meeting shall, until the contrary is shown, be sufficient evidence as to
6V1"
the due constitution and holding of the meeting, the nature of the pro
posal submitted, and the result of the voting.
S e c . 108. In every case where an industrial dispute has been referred S.p e c i a l pro
to the board the following special provisions shall apply:
dSpute.m Case
(a) Until the dispute nas been finally disposed of by the board or
the court neither the parties to the dispute nor the workers affected by
the dispute shall, on account of the dispute, do or be concerned in doing,
directly or indirectly, anything in the nature of a strike or lockout, or
of a suspension or discontinuance of employment or work, but the rela
tionship of employer and employed shall continue uninterrupted by
the dispute, or anything preliminary to the reference of the dispute
and connected therewith.
(b) If default is made in faithfully observing any of the foregoing
provisions of this section, every union, association, employer, worker,
or person committing or concerned in committing the default shall be
liable to a fine not exceeding £50 ($243.33).
(c) The dismissal or suspension of any worker, or the discontinuance
of work by any worker, pending the final disposition of an industrial
dispute shall be deemed to be a default under this section, unless the
party charged with such default satisfies the court that such dismissal,
suspension, or discontinuance was not on account of the dispute.
S e c . 109 (as amended by act No. 239, 1908). (1) Every employer Penalty for diswho dismisses from his employment any worker by reason merely of the nussal of workers,
fact that the worker is an officer or a member of an industrial union, or
merely because such worker has acted as an accessor on a council of
conciliation or has represented his union in any negotiations or con
ference between employers and workers, or merely because such worker
is entitled to the benefit of an award, order, or agreement, is liable to a
penalty not exceeding £25 ($121.66), to be recovered at the suit of an
inspector of awards in the same manner as a penalty for the breach of an
award.
(2) A worker shall be deemed to be dismissed within the meaning of
this section if he is suspended for a longer period than 10 days.
(3) In every case where the worker dismissed was immediately pre
ceding his dismissal a president, vice president, secretary, or treasurer
of an industrial union, or an assessor for a council of conciliation, or
represented his union in any negotiations or conference between em
ployers and workers, it shall lie on the employer to prove that such
worker was dismissed for a reason other than that he has acted in any of
the said capacities.
Sec. 110. If during the currency of an award any employer, worker, Combining to
industrial union, or association, or any combination of either employers defeat awardor workers has taken proceedings with the intention to defeat any of the
278
B U L L E T IN OP T H E BUREAU OP LABOR STATISTICS.
provisions of the award, such employer, worker, union, association, or
combination, and every member thereof, respectively, shall be deemed
to have committed a breach of the award, and shall be liable accordingly.
A ppointm ent
S ec . 112. Whenever an industrial dispute involving technical
of experts.
questions is referred to the board or court the following special pro
visions shall apply:
(a) A t any stage of the proceedings the board or the court may
direct that two experts nominated by the parties shall sit as experts;
(b) One of the experts shall be nominated by the party, or, as the
case may be, by all the parties, whose interests are with the employers;
and one"by the party, or. as the case may be, by all the parties, whose
interests are with the workers;
(c) The experts shall be nominated in such manner as the board or
court directs, or as is prescribed by regulations, but shall not be deemed
to be members of the board or court for the purpose of disposing of such
dispute;
(d) The powers by this section conferred upon the board and the
court respectively shall, whilst the board or the court is not sitting,
be exercisable by the chairman of the board and the judge of the
court respectively.
Powersofboard
S e c . 113 (as amended by act No. 33, 1911). (1) In order to enable
or court.
the board or court the more effectually to dispose of any matter before
it according to the substantial merits and equities of the case, it may,
at any stage of the proceedings, of its own motion or on the application
of any of the parties, and upon such terms as it thinks fit, by order—
(a) Direct parties to be joined or struck out;
(b) Amend or waive any error or defect in the proceedings;
(c) Extend the time within which anything is to be done; and
(d) Generally give such directions as are deemed necessary or
expedient in tne premises.
(2) The powers by this section conferred upon the board may, when
the board is not sitting, be exercised by the chairman.
(3) The powers by this section conferred upon the court may, when
the court is not sitting, be exercised by the judge.
Contempt o f
S e c . 114. If in any proceedings before the board or court any person
board or court.
willfu lly insults any member of the board or court or the clerk, or
willfully interrupts "the proceedings, or without good cause refuses to
give evidence, or is guilty in any other manner of any willful contempt
in the face of the board or court, it shall be lawful for any officer of the
board or court, or any constable, to take the person offending into
custody and remove him from the precincts of the board or court, to be
detained in custody until the rising of the board or court, and the
person so offending "shall be liable to a fine not exceeding ,£10 ($48.67).
Obstruction of
Sec. 115. Every person who prints or publishes anything calculated
board or court, to obstruct or in any way interfere with or prejudicially affect any
matter before the board or court is liable to a fine not exceeding £50
($243.33).
Power to proS ec . 116. If, without good cause shown, any party to proceedings
M s to attend1*7 ^)etore ^ ie b °ar(l or court fails to attend or be represented, the board or
court may proceed and act as fully in the matter before it as if such
party had duly attended or been represented.
Proceedings to
S e c . 117. Where any change takes place in the members constituting
change1 to* board ^ le t)oar(l or the court, any proceeding or inquiry then in progress shall*
or court.
not abate or be affected, but shall continue and be dealt with by the
board or the court as if no such change had taken place:
Provided, That the board or the court may require evidence to be
retaken where necessary.
Proceedings not
reasonof death*7
Sec. 118. (1) Proceedings before the board or court shall not abate
reason of the seat of any member of the board or court being vacant
for any cause whatever, or of the death of any party to the proceedings,
and in the latter case the legal personal representative of the deceased
party shall be substituted in his stead.
Recommenda(2) A recommendation or order of the board, or an award or order of
void°rfoT^infoiv ^ e court, shall not be void or in any way vitiated by reason merely of
mality.
any informality or error of form, or noncompliance with this act.
M IN IM U M -W A G E LAW S---- N E W ZEALAN D.
279
S e c . 119. (1) The proceedings of the board or court shall be con- P r o c e e d in g s
ducted in public:
Publlc*
Provided, That, at any stage of the proceedings before it, the board
or court, of its own motion or on the application of any of the parties,
may direct that the proceedings be conducted in private; and in such
case all persons (other than the parties, their representatives, the
officers of the board or court, and the witness under examination) shall
withdraw.
(2)
The board or court may sit during the day or at night, as it thinks
fit.
S e c . 120. (1) Any board and the court, and, upon being authorized Power of entry,
in writing by the board or court, any member of such board or court
respectively, or any officer of such board or court, or any other person,
without any other warrant than this act, may at any time between
sunrise and sunset—
(а) Enter upon any manufactory, building, workshop, factory, mine,
mine workings, ship or vessel, shed, place, or premises of any kind
whatsoever, wherein or in respect of which any industry is carried on
or any work is being or has been done or commenced, or any matter or
thing is taking or has taken place, which is made the subject of a refer
ence to such board or court;
(б) Inspect and view any work, material, machinery, appliances,
article, matter, or thing whatsoever being in such manufactory, build
ing, workshop, factory, mine, mine workings, ship or vessel, shed, place,
or premises as aforesaid;
(c)
Interrogate any person or persons who may be in or upon any such
manufactory, building, workshop, factory, mine, mine workings, ship or
vessel, shed, place, or premises as aforesaid in respect of or in relation
to any matter or thing hereinbefore mentioned.
(2)
Every person who hinders or obstructs the board or court, or
any member or officer thereof, respectively, or other person, in the
exercise of any power conferred by this section, or who refuses to the
board or court, or any member or officer thereof respectively duly
authorized as aforesaid, entrance during any such time a3 aforesaid to
any such manufactory, building, workshop, factory, mine, mine work
ings, ship or vessel, shed, place, or premises, or refuses to answer any
questions put to him as aforesaid, is liable to a fine not exceeding £50
($243.33).
S ec . 121. W ith respect to the Government railways open for traffic G overnm ent
the following special provisions shall apply, anything elsewhere in this ra
ys‘
act to the contrary notwithstanding:
(a) The society of railway servants called “ The Amalgamated So
ciety of Railway Servants,” and now registered under the acts of which
this act is a consolidation, shall be deemed to be registered under this
act;
(b) In the case of the dissolution of the said society, any reconstruc
tion thereof, or any society of Government railway servants formed in
its stead, may register under this act as an industrial union of workers;
(c) The minister of railways may from time to time enter into indus
trial agreements with the registered society in like manner in all respects
as if the management of the Government railways were an industry, and
he were the employer of all workers employed therein;
(d) If any industrial dispute arises between the minister and the Procedure in
society it may be referred to the court for settlement as hereinafter case of dlsputes*
provided;
(e) The society may, by petition filed with the clerk and setting forth
the particulars of the matters in dispute, pray the court to hear and
determine the same;
(/) Such petition shall be under the seal of the society and the hands
of two members of the committee of management;
(g) No such petition shall be filed except pursuant to a resolution of a
special meeting of the society duly called for the purpose in accordance
with its rules, and with respect to such resolution and the procedure
thereon section 107 shall apply;
(h) Such petition when duly filed shall be referred to the court by Jurisdiction of
the clerk, and the court, if it considers the dispute sufficiently grave to court*
call for investigation and settlement, shall notify the minister thereof,
280
B U L L E T IN OF T H E BUREAU OF LABOR STATISTICS.
and appoint a time and place at which the dispute will be investigated
and determined, in like manner as in the case of a reference, and the
court shall have jurisdiction to hear and determine the same accord
ingly and to make award thereon;
(i)
In making any award under this section the court shall have
regard to the schedule of classification in the Government railways
act, 1908;
(j) In any proceedings before the court under this section the
minister may be represented by any officer of the department whom
he appoints in that behalf;
(k) A ll expenses incurred and moneys payable by the minister
under this section shall be payable out of moneys to be appropriated
by Parliament for the purpose;
(1) In no case shall the board have any jurisdiction over the society,
nor shall the society or any branch thereof have any right to nomi
nate or vote for the election of any member of the board;
(m) Except for the purposes of this section the court shall have no
jurisdiction over the society;
(n) For the purposes of the appointment of members of the court,
the society shall be deemed to be an industrial union of workers, and
may make recommendations to the governor accordingly.
Awards to conS ec . 122. Whenever any portion of a district is severed therefrom,
tmuem force.
and either added to another district or constituted a new district or
part of a new district, every award and industrial agreement in force
m the district from which such portion is severed shall, so far as it is
in force in such portion* remain in force therein until superseded b y
another award or industrial agreement.
Permit to work S ec . 123 (as amended by act No. 239, 1908). Where in any award
mumSwage mml" provision is made for the issue of a permit to any worker to accept a
wage below that prescribed for ordinaiy workers in the trade to wnich
the award relates the following provisions shall apply;
(a) The application for a permit shall be in writing, signed by the
applicant, and addressed to the person authorized by the award to
issue the same;
(b) Such person shall fix a time and place for the hearing of such,
application, being not later than two days after the receipt by him
of the application, and shall give notice of such time and place to
the secretary of the industrial union of workers in the trade to which,
the award relates;
(c) Such notice shall be in writing, and may be delivered to the
secretary personally or left at the registered office of the industrial
union within 24 hours after the receipt of the application;
(d) Such secretary, or some other person appointed in that behalf b y
the union, shall be afforded an opportunity to attend the hearing so
as to enable the union to express its views upon the application;
(e) No such permit shall be granted to any person who is not usually
employed in the industry to which the award applies;
( /) A permit shall be valid only for the period for which it is granted.
Notifications in
S e c . 124. Any notification made or purporting to be made in the
evidence *
Gazette by or under the authority of this act may be given in evidence
in all courts of justice, in all legal proceedings, and for any of the
purposes of this act by the production of a copy of the Gazette.
Documents and S e c . 125. (1) Every document bearing the seal of the court shall be
j u d i c i a l l y ^ r e c e iv e d in evidence without further proof, and the signature of the
ticed.
judge of the court, or the chairman of the board, or the registrar, or the
clerk of awards shall be judicially noticed in or before any court or
person or officer acting judicially or under any power or authority
contained in this act:
Provided, Such signature is attached to some award, order, certifi
cate, or other official document made or purporting to be made under
this act or any enactment mentioned in the schedule hereto.
(2) No proof shall be required of the handwriting of official position
of any person acting in pursuance of this section.
Service of proc- Sec. 126. (1) No person shall serve or cause to be served on Sunday
ess^ on fc>unaayany 0^ er or 0ther process of the court, and such service shall be void
to all intents and purposes whatsoever.
M IN IM U M -W A G E LAW S---- N E W ZEALAN D .
281
(2) Every person who commits a breach of this section is liable to a
fine not exceeding £10 ($48.67), to be recovered in a summary way
under the justices of the peace act, 1908.
(3) Nothing in this section shall be construed to annul, repeal, or in
any way affect the common law, or the provisions of any statute or rule
of practice or procedure, now or hereafter in force, authorizing the
service of any writ, process, or warrant.
S e c. 127. ( 1 ) The governor may from time to time make regulations Regulations,
for any of the following purposes:
(a) Prescribing the forms of certificates or other instruments to be
issued b y the registrar, and of any certificate or other proceeding of any
board or any officer thereof;
(b) Prescribing the duties of clerks of awards, and of all other officers
and persons acting in the execution of this act;
(c) Providing for anything necessary to carry out the first or any
subsequent election of members of boards, or on any vacancy therein
or in the office of chairman of any board, including the forms of any
notice, proceeding, or instrument of any kind to be used in or in
respect of any such election;
(d) Providing for the mode in which recommendations b y industrial
unions as to the appointment of members of the court shall be made
and authenticated;
• (e) Prescribing any act or thing necessary to supplement or render
more effectual the provisions of this act as to the conduct of proceed
ings before a board or the court, or the transfer of such proceedings from
one of such bodies to the other;
(f) Providing generally for any other matter or thing necessary to
give effect to this act or to meet any particular case;
(g) Prescribing what fees shall be paid in respect of any proceeding
before a board or the court and the party by whom such fees shall be
paid;
(h) Prescribing what respective fees shall be paid to the members of
the board;
(i) Prescribing what respective traveling expenses shall be payable
to the members of the court (including the judge) and to the members
of the board; and
(j) For any other purpose for which regulations are contemplated or
required in order to give full effect to this act.
(2)
All such regulations shall come into force on the date of the
gazetting thereof, and shall, within 14 days after such gazetting, be laid
before Parliament if in session, or if not in session, then within 14 days
after the beginning of the next session.
S ec . 129. Except as provided by subsection 5 of section 65 and sub- Expenses of adsection 2 of section 74 hereof, all charges and expenses incurred by the mmls
Government in connection with the administration of this act shall be
defrayed out of such annual appropriations as from time to time are
made for that purpose by Parliament.
Sec. 130. No stamp duty shall be payable upon or in respect of any s t a m p duty
registration, certificate, agreement, award, statutory declaration, o r ^ e^ ayab e’
instrument effected, issued, or made under this act:
Provided, That nothing in this section shall apply to the fees of any
court payable by means of stamps.
S ec. 131. Except as provided by section 12 1 hereof, or by the special Act not to ap
provisions of any other act, nothing in this act shall apply to the Crown Government11deor to any department of the Government of N ew Zealand.
partments.
IN D U ST R IA L CO NCILIATIO N AN D A R B IT R A T IO N AM EN D
M ENT ACT, 1908, NO. 239.
S ection 1. This act may be cited as the industrial conciliation and
arbitration amendment act, 1908, and shall be read together with and
deemed to form part of the industrial conciliation and arbitration act,
1908 (hereinafter referred to as “ the principal act” ).
S e c. 2 . This act shall come into operation on the 1st day of January,
1909.
Short title,
Act in effect.
282
B U L L E T IN OF T H E BUREAU OF LABOR STATISTICS.
P art
« r>®5ni}:/ on
4stnke.
I.— S t r i k e s
and
L o ck o u ts.
S e c t i o n 3. (1) In this act the term “ strike” means the act of any
number of workers who are or have been in the employment whether of
the same employer or of different employers in discontinuing that em
ployment, whether wholly or partially, or in breaking their contracts of
service, or in refusing or failing after any such discontinuance to resume
or return to their employment, the said discontinuance, breach, refusal,
or failure being due to any combination, agreement, or common under
understanding, whether express or implied, made or entered into by the
said workers:
(а) With intent to compel or induce any such employer to agree to
terms of employment, or comply with any demands made by the said
or any other workers; or
(б) W ith intent to cause loss or inconvenience to any such employer
in the conduct of his business; or
(c) W ith intent to incite, aid, abet, instigate, or procure any other
strike; or
(d) W ith intent to assist workers in the employment of any other
employer to compel or induce that employer to agree to terms of em
ployment or comply with any demands made upon him by any workers.
(2)
In this act the expression “ to strike” means to become a party
to a strike, and the term “ striker” means a party to a strike.
^ Defimtion of S ec . 4. In this act the term ‘ ‘ lockout ” means the act of an employer
lockout.
i n closing his place of business, or suspending or discontinuing his
business or any branch thereof:
(а) W ith intent to compel or induce any workers to agree to terms
of employment, or comply with any demands made upon them by the
said or any other employer; or
(б) W ith intent to cause loss or inconvenience to the workers em
ployed by him or to any of them; or
(c) With intent to incite, aid, abet, instigate, or procure any other
lockout; or
(d) W ith intent to assist any other employer to compel or induce
any workers to agree to terms of employment or comply with any de
mands made by him.
Penalties.
S ec . 5. (1) When a strike takes place in any industry every worker
who is or becomes a party to the strike and who is at the commence
ment of the strike bound by any award or industrial agreement affecting
that industry shall be liable to a penalty not exceeding .£10 ($48.67).
(2) When a lockout takes place in any industry every employer who
is or becomes a party to the lockout, and who is at the commencement
of the lockout bound by any award or industrial agreement affecting
that industry, shall be liable to a penalty not exceeding £500 ($2,433.25).
(3) No worker or employer shall be liable to more than one penalty
in respect of the same strike or lockout, notwithstanding the continu
ance thereof.
(4) No proceedings shall be commenced or continued under this
section against any worker or employer who is a party to a strike or
lockout if judgment has already been obtained under the next suc
ceeding section in respect of the same strike or lockout against any
industrial union or industrial association of which the worker or em
ployer is a member.
^Offenses by
S ec . 6. (1) Every person who incites, instigates, aids, or abets an
?ies°to striker unlawful strike or lockout or the continuance of any such strike or
lockout.
lockout, or who incites, instigates, or assists any person to become a
party to any such strike or lockout, is liable, if a worker, to a penalty
not exceeding £10 ($48.67), and if an industrial union, industrial asso
ciation, trade-union, employer, or any person other than a worker, to
a penalty not exceeding £200 ($973.30).
(2)
Every person who makes any gift of money or other valuable
thing to or for the benefit of any person who is a party to any unlawful
strike or lockout, or to or for the benefit of any industrial union, indus
trial association, trade-union, or other society or association of which
any such person is a member, shall be deemed to have aided or abetted
the strike or lockout within the meaning of this section, unless he
proves that he so acted without the intent of aiding or abetting the
strike or lockout.
of
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(3) When a strike or lockout takes place, and a majority of the
members of any industrial union or industrial association are at any
time parties to the strike or lockout, the said union or association shall
be deemed to have instigated the strike or lockout.
(4) In this section the term “ unlawful strike ” means a strike of any
workers who are bound at the commencement of the strike by an award
or industrial agreement affecting the industry in which the strike
arises.
(5) In this section the term “ unlawful lockout” means a lockout
by any employer who is bound at the commencement of the lockout
by an award or industrial agreement affecting the industry in which
the lockout occurs.
Sec. 7. Every penalty hereinbefore referred to shall be recoverable
at the suit of an inspector of awards in the same manner as a penalty
for a breach of an award and not otherwise, and all the provisions here
inafter in this act contained with respect to the enforcement of an
award shall, so far as applicable, apply accordingly.
Recovery
Penaltles-
S e c . 9. (1) If any person employed in any of the industries to which Special penalthis section applies strikes without having given to his employer, within industries'
one month before so striking, not less than 14 days’ notice in writing,
signed by him, of his intention to strike, or strikes before the expiry
of any notice so given by him, the striker shall be liable on summary
conviction before a magistrate to a fine not exceeding £25 ($121.66).
(2) If any employer engaged in any of the industries to which this
section applies locks out without having given to his employees, within
one month before so locking out, not less than 14 days’ notice in writing
of his intention to lock out, or locks out before the expiry of any notice
so given by him, such employer shall be liable on summary conviction
before a magistrate to a fine not exceeding £500 ($2,433.25).
(3) This section applies to the following industries:
(a) The manufacture or supply of coal gas;
(b) The production or supply of electricity for light or power;
(c) The supply of water to the inhabitants of any borough or other
place;
(d) The supply of milk for domestic consumption;
(e) The slaughtering or supply of meat for domestic consumption;
(/) The sale or delivery of coal, whether for domestic or industrial
purposes;
(g) The working of any ferry, tramway, or railway used for the public
carriage of goods or passengers.
(4) Every person who incites, instigates, aids, or abets any offense
against this section, or who incites, instigates, or assists any person who
has struck or locked out in breach of this section to continue to be a
party to the strike or lockout shall be liable, on summary conviction
before a magistrate, to a fine not exceeding in the ca3e of a worker £ 25
($121.66), or in the case of an industrial union, industrial association,
trade-union, employer, or any person other than a worker, £500
($2,433.25).
(5) Nothing in this section shall affect any liability under section 5
or section 6 of this act, save that when a judgment or conviction has
been obtained against any person under any one of those sections no
further proceedings shall be taken or continued against him under any
other of those sections in respect of the same act.
S e c . 10 (as amended by act No. 33, 1911). (1) When an industrial Suspension of
union or industrial association of workers is convicted under section 9
of this act of having incited, instigated, aided, or abetted a strike by
any of its members in breach of that section, or the continuance by any
of its members of a strike commenced in breach of that section, or when
judgment is obtained under section 6 of this act against an industrial
union or industrial association of workers for a penalty incurred by it
for inciting, instigating, aiding, or abetting a strike by any of its mem
bers, or the continuance of any such strike, or for inciting, instigating,
or assisting any person to become a party to any such strike, the court
in which the conviction or judgment is obtained may in the said convic
tion or judgment order that the registration of the union or association
shall be suspended for such period as the court thinks fit, not exceed
ing two years.
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B U L L E T IN OF T H E BUREAU OF LABOR STATISTICS.
(2) During any such period of suspension the said union or associa
tion shall be incapable of instituting or continuing or of being a party
to any conciliation or arbitration proceedings under the principal act
or this act, or of entering into any industrial agreement, or of taking
or continuing any proceedings for the enforcement of an award or indus
trial agreement, or of making any application for the cancellation of
its registration.
(3) During any such period of suspension the operation of any award
or industrial agreement in force at any time during that period shall be
suspended so far as the award or industrial agreement applies to persons
who are members of that union or association, or who were members
thereof at the time when the offense was committed in respect of
which the said judgment or conviction was given or obtained, and
also so far as the award or industrial agreement applies to the employers
of any such persons:
Provided, That in making the order of suspension the court may limit
the operation of this subsection to any industrial district or districts,
or to any portion thereof.
(4) During any period of such suspension no new industrial union
or industrial association of workers shall be registered in the same indus
trial district in respect of the same industry.
(5) The industrial union or industrial association against which any
such order of suspension is made may appeal therefrom in the same man
ner as from the judgment or conviction m respect of which the order is
made, and on any such appeal the court in which it is heard may con
firm, vary, or quash the order of suspension, and may make such order
as to the costs of the appeal as the said court thinks fit.
(6) The variation or quashing of an order of suspension on appeal
shall take effect as from the date on which the order is so varied or
quashed, and not as from the date of the order.
(7) Every judgment or conviction in respect of which any such order
of suspension is made shall be subject to appeal to the court of arbitra
tion, whether on a point of law or fact, whatever may be the amount of
that judgment or ot the fine imposed by that conviction.
P a r t I I . — E n f o r c e m e n t of A w a r d s a n d I n d u s t r ia l A g r e e m e n t s .
Application of
S e c t i o n 12. This part of this act applies to all awards and industrial
provisions.
agreements whether made before or after the commencement of this
act, and to all breaches of awards or industrial agreements whether
committed before or after the commencement of this act, save that all
proceedings for the enforcement of any award or industrial agreement
which are pending at the commencement of this act may be continued
in the same manner as if this act had not been passed.
Penalties.
Sec. 13. (1) Every industrial union, industrial association, or
employer who commits a breach of an award or industrial agreement
shall be liable to a penalty not exceeding <£100 ($486.65) in respect of
every such breach.
(2) Every worker who commits a breach of an award or industrial
agreement shall be liable to a penalty not exceeding £ 5 ($24.33) in
respect of every such breach.
Re c o v e r y
Sec. 14. (1) Subject to the provisions of section 21 hereof, every
ofpenalties.
su.dx penalty shall be recoverable by action in a magistrate’s court, ana
not otherwise.
(2) Every such action may be brought in any magistrate’s court in
any industrial district in which the award or industrial agreement is
in force or in which the cause of action or any part thereof arose, and
shall be heard and determined by a magistrate only.
(3) Every such action may be brought at the suit of an inspector of
awards or at the suit of any party to the award or industrial agreement.
(4) A claim for two or more penalties against the same defendant
may be joined in the same action, although the aggregate amount so
claimed may be in excess of the jurisdiction of the magistrate’s court
in an ordinary action for the recovery of money.
(5) No court fees shall be payable in respect of any such action.
(6) No industrial union or industrial association shall be capable of
bringing any such action until a resolution to that effect has been
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passed at a meeting of the members of the union or association, in
accordance with the rules thereof.
(7)
In every
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