ae) - ges < a ~ - © D 1 ait ie) a) © ™h ~U ~< © | ae) PO pty < (© "ae er = ' A z . eed - fo song oO “ ‘ies rae | Ze s a j '@) om Sai = he ; ¥ : es O = _ ed = 2 — { rt omits. as : < ; % moe 2 eee » Se ° Ose (1) : ; o. =a oe = US eS a = S. Me QS ae Se 3 7a “Dd oO — - S A r ~\ 2 OTT me =n % / \ ao ae ae a a =: aa) tt . ‘ m% eee, ©) iS - ro b : = : . staat rea s P. ~ a ake - “ome fn om “4 . ics) ~ Y a 2 a a te See “. : - t ¥ Xs tf i Ets ‘ i & / r les State Board «" ca SaaS ee » x ade wef Been, ee rs ge rt a 24 Ohio. Le Ws. trtute 1 The Law (With Brief Epitome) Rules of Procedure - Of the ... State Board &""" Arbitration. eeu uy COLUMBUS, OHIO: THE WestTBOTE Co., STATE PRINTERS, 1896. OFFICERS. SETI VVDXCIN, ON MW Bu Nicene OF caval aravenye o avsia ere oTalevelsta’ aisles A Sie | 5 Columbus. CHAIRMAN. Bis cae ptraee Me aes Nee tiacen Siskel einlais v d'e wi aheriia aye whoihioak oluimbus. JOSEPH BISHOP Columb OrFice: STATE Houser, CoLuMBus. . Ry | chit. he ei aS TUNES a Summary (not complete) of the Arbitration Act. I. OBJECT AND DUTIES OF THE BOARD. The State Board of Arbitration and Conciliation is charged with the duty, upon due application or notification, of endeavoring to effect amicable and just settlements of controversies or differences, actual or threatened, between employers and employes in the State. This is to be done by pointing out and advising, after due inquiry and investi- gation, what in its judgment, if anything, ought to be done or submitted to by either or both parties to adjust their disputes; of investigating, where thought advisable, or required, the cause or causes of the con- troversy, and ascertaining which party thereto is mainly responsible or blameworthy for the continuance of the same. 2. HOW ACTION OF THE BOARD MAY BE INVOKED. Every such controversy or difference not involving questions which may be the subject of a sutt or action in any court of the State, may be brought before the board; provided, the employer involved employs not less than twenty-five persons in the same general line of business in the State. The aid of the board may be invoked in two ways: First—The parties immediately concerned, that is, the employer or employes, or both conjointly, may file with the board an application which must contain a concise statement of the grievances complained of, and a promise to continue on in business, or at work (as the case may be), in the same manner as at the time of the application, without any lock out or strike, until the decision of the board, if it shall be made within ten days of the date of filing said application. A joint application may contain a stipulation making the decision of the board to an extent agreed on by the parties, binding and en- forcible as a rule of court. An application must be signed by the employer or by a majority of the employes in the department of business affected (and in no case 6 by less than thirteen), or by both such employer and a majority of em- ployes jointly, or by the duly authorized agent of either er both parties, Second—A mayor or probate judge when made to appear to him that a strike or lock-out is seriously threatened, or has taken place in his vicinity, is required by the law to notify the board of the fact, giv- ing the name and location ot the employer, the nature of the trouble, and the number of employes involved, so far as he can. When such fact is thus or otherwise duly made known to the board it becomes its duty to open communication with the employer and employes involved, with a view of adjustment by mediation, conciliation or arbitration. 3. WHEN ACTION OF THE BOARD TO CEASE. Should petitioners filing an application cease, at any stage of the proceedings, to keep the promise made in their application, the board will proceed no further in the case without the written consent of the adverse party. 4. SECRETARY TO PUBLISH NOTICE OF HEARING. On filing any such application the Secretary of the board will give public notice of the time and place of the hearing thereof. But at the request of both parties joining in the application, this public notice may, at the discretion of the board, be omitted. 5. PRESENCE OF OPERATIVES AND OTHERS, ALSO BOOKS AND THEIR CUSTODIANS, ENFORCED AT THE PUBLIC EXPENSE. Operatives in the department of business affected, and persons who keep the records of wages in such department and others, may be subpcenaed and examined under oath by the board, which may com- pel the production of books and papers containing such records. All parties to any such controversy or difference are entitled to be heard. Proceedings before the board are conducted at the public expense. 6. NO COMPULSION EXERCISED, WHEN INVESTIGATION AND PUBLICATION REQUIRED. The board exercises no compulsory authority to induce adherence to its recommendations, but when mediation fails to bring about an ad- justment it is required to render and make public its decision in the case. And when neither a settlement nor an arbitration is had, 7 because of the opposition thereto of one party, the board is required at the request of the other party to make an investigation and publish its conclusions. 7. ACTION OF LOCAL BOARD—ADVICE OF STATE BOARD MAY BE INVOKED, The parties to any such controversy or difference may submit the matter in dispute toa local board of arbitration and conciliation consist- ing of three persons mutually agreed upon, or chosen by each party selecting one, and the two thus chosen selecting the third. The juris- diction of such local board as to the matter submitted to it is exclusive, but it is entitled to ask and receive the advice and assistance of the State Board. 8. CREATION OF BOARD PRESUPPOSES THAT MEN WILL BE FAIR AND JUST. It may be permissible to add that the act of the General Assembly is based upon the reasonable hypothesis that men will be fair and just in their dealings and relations with each other when they fully under- stand what is fair and just in any given case. As occasion arises for the interposition of the Board, its principal duty will be to bring to the attention and appreciation of both employer and employes, as best it may, such facts and considerations as will aid them to comprehend what is reasonable, fair and just in respect of their differences. State board of arbitration and concilia- tion: appoint- ment and qualifications of members. Term. Vacancy: re- moval. Oath. Chairman and secretary. Rules of pro- cedure. The Arbitration Act. AS AMENDED MAY 18, 1894, AND APRIL 24, 1896. AN ACT To provide for a state board of arbitration for the settlement of differ- ences between employers and their employes and to repeal an act entitled “An act to authorize the creation and to provide for the operation of tribunals of voluntary arbitration, to adjust industrial disputes between employers and employes,” passed February 10, 1885. SECTION I. Le tt enacted by the General Assembly of the State of Ohio, That within thirty days after the passage of this act, the governor of the state, with the advice and con- sent of the senate, shall appoint three competent persons to serve as a state board of arbitration and conciliation in the manner hereinafter provided. One of them shall be an employer or selected from some association representing employers of labor, one of them shall be an employe or an employe selected from some labor organization and not an employer of labor, and the third shall be appointed upon the recommendation of the other two; provided, however, that if the two appointed do not agree on the third man at the expiration of thirty days, he shall be appointed by the governor; and provided, also, that appointments made when the senate is not in session may be confirmed at the next ensuing session. SECTION 2. One shall be appointed for one year, one for two years, and one for three years, and all appointments thereafter shall be for three years or until their respective successors are appointed in the manner above provided. If, for any reasona vacancy occurs at any time, the governor shall, in the same manner, appoint some person to serve out the unexpired term, and he may remove any member of said board. SECTION 3. Each member of said board shall, before entering upon the duties of his office, be sworn toa faithful discharge thereof. They shall organize at once by the choice of one of their number as chairman, and one of their number as secretary. The board shall, as soon, as possible after its organization, establish such rules of procedure as shall be approved by the governor. 9 SECTION 4. Whenever any controversy or difference not involving questions which may be the subject of a suit er action in any court of the state, exists between an em- ployer (whether an. individual, co-partnership or corpora- tion) and his employes, if, at the time he employs not less than twenty-five persons in the same general line of busi- ness immanyecity™or=county in this state, the board shall, upon application as hereinafter provided and as soon as practical thereafter, visit the locality of the dispute and make careful inquiry into the cause thereof, hear all persons interested therein who may come, or be subpcenaed before them, advise the respective parties what, if anything, ought to be done or submitted to by either or both to adjust said dispute. The term employer in this act includes several employers co-operating with respect to any such contro- versy or difference, and the term employes includes aggre- gations of employes of several employers so co-operating. And where any strike or lock-out extends to several counties, the expenses incurred under this act not payable out of the state treasury, shall be apportioned among and paid by such counties as said board may deem equitable and may direct. SECTION 5. Such mediation having failed to bring about an adjustment of the said differences, the board shall immediately make out a written decision thereon. This decision shall at once be made public, shall be recorded upon proper books of record to be kept by the secretary of said board, and a short statement thereof published in the annual report hereinafter provided for, and the said board shall cause a copy thereof to be filed with the clerk of the city or county where said business is carried on. SECTION 6. Said application for arbitration and con- Cciliation to said board can be made by either or both parties to the controversy ; and shall be signed in the respective instances by said employer or by a majority of his em ployes in the department of the business in which the con- troversy or difference exists, or the duly authorized agent of either or both parties. When an application is signed by an agent claiming to represent a majority of such em- ployes, the board shall satisfy itself that such agent is duly authorized in writing to represent such employes, but the names of the employes giving such authority shall be kept secret by said board. SECTION 7. Said application shall contain a concise statement of the grievances complained of, and a promise to continue on in business or at work in the same manner as at the time of the application, without any lock-out or strike, until the decision of said board, if it shall be made within ten days of the date of filing said application; provided, a joint application may contain a stipulation that the decision Adjustment ot differences be- tween em- ployer and em- ployes. As amended April 24, 1896. Expenses, how paid. Written decis- ion in case of failure of such mediation. Application for arbitration and concilia- tion. Contents of application as amended May 18, 1894, May contain stipulation that decision shall be bind- ing and such decision may be enforced. Notice of time and place for hearing con- troversy. Failure to per- form promise made in appli- cation. As amended ' May 18, 1894. Power to sum- mon and ex- amine wit- nesses, admin- ister oaths and require production of documents. Subpcenas or notices, how served. Authority to enforce order at hearings and obedience to writs of subpoena. Submission of controversy to local board of arbitration and concilia- tion: selection of such board; chairman, 10 of the board under such joint application shall be binding upon the parties to the extent so stipulated, and such de cision to such extent may be made and enforced as a rule of court in the court of common pleas of the county from which such joint application comes, as upon a statutory award. Section 8. As soon as may be, after the receipt of said application, the secretary of said board shall cause public notice to be given of the time and place for the hearing therein, but public notice need not be given when both parties to the controversy join in the application and present therewith a written request that no public notice be given. When such request is made, notice shall be given to the parties interested in such manner as the board may order, and the board may, at any stage of the pro- ceedings, cause public notice to be given, notwithstanding such request. Should the petitioner or petitioners fail to perform the promise made in said application, the board shall proceed no turther therein without the written con- sent of the adverse party. SECTION 9. The board shall have power to subpcena as witnesses any operative in the department of business affected, or other persons shown by affidavit, on belief, or otherwise, to have knowledge of the matters in controversy or dispute, and any who keeps the records of wages earned in such departments, and examine them under oath touch- ing such matters, and to require the production of books or papers containing the record of wages earned or paid. Subpcenees may be signed and oaths administered by any member of the board. A subpcena or any notice may be delivered or sent to any sheriff, constable or police officer, who shall forthwith serve or post the same, as the cas- may be, and make due return thereof according to directions, and for such service he shall receive the fees allowed by law in similar cases, payable from the treasurer of the county wherein the controversy to be arbitrated exists, upon the warrant of the county auditor, issued on the certi- ficate of the board that such fees are correct and due. And the board shall have the same power and author. ity to maintain and enforce order at its hearings and obed- ience to its writs of subpcena as by law conferred on the court of common pleas for like purposes. . SECTION 10. The parties to any controversy or differ- ence, as described in section 4 of this act, may submit the matters in dispute, in writing, to a local board of arbitra- tion and conciliation ; such board may either be mutually agreed upon, or the employer may designate one of the arbitrators, the employes or their duly authorized agent another, and the two arbitrators so designated may choose ' a third, who shall be chairman of the board. EI SECTION 11. Such local board of arbitration shall, in respect to the matters referred to it, have and exercise all the powers which the state board might have and exercise, and its decision shall have whatever binding effect may be agreed by the parties to the controversy in the written submission. The jurisdiction of such local board shall be exclusive in respect to the matters submitted to it, but it may ask and receive the advice and assistance of the state board. The decision of said board shall be rendered with- in ten days of the close of any hearing held by it; such decision shall at once be filed with the clerk of the city or county in which the controversy or difference arose, and a copy thereof shall be forwarded to the state board. SECTION 12. Each of such arbitrators of such a local board shall be entitled to receive from the treasury of the city or county in which the controversy or difference, that is the subject of thearbitrators. exists, ifsuch paymentis ap proved in writing by the city council or the administrative board of such city or board of county commissioners of such county, the sum of three dollars for each day of actual service, not exceeding ten days for any one arbitra- tion. SEcTION 13. Whenever it is made to appear toa mayor or probate judge in this state that a strike or lock- out is seriously threatened, or has actually occurred, in his vicinity. he shall at once notify the state board of the fact, giving the name and location of the employer, the nature of the trouble, and the number of employes involved, so far as his information will enable him to doso. Whenever it shall come to the knowledge of the state board, either by such notice or otherwise, that a strike or lock out is seriously threatend, or has actually occurred, in this state, involving an employer and his present or past employes, if at the time he is employing, or, up to the occurrence of the strike or lockout , was employing not less than twenty-five persons in the same general line of business in the state, it shall be the duty of the state board to put itself in commun- ication, as soon as may be, with such employer and em- ployes. SECTION 14. It shall be the duty of the state board in the above described cases to endeavor, by mediation or con- ciliation, to affect an amicable settlement between them, or, if that seems impracticable, to endeavor to’ pursuade them to submit the matters in dispute to a local board of arbitra- tion and conciliation, as above provided, or to the state board; and said board may, if it deem it advisable, investi- gate the cause or causes of such controversy and ascertain which party thereto is mainly responsible or blaneworthy for the existence or continuance of the same, and may make and publish a report finding such cause or causes, and Powers and part gree of ocal board ; decisions of such board. Com pensation of members of local board. As amended April 24, 1896. Mayor or pro- bate judge; to notify state board of strike or lock-out. State board to communicate with employer and employes. As amended April 24, 1896. State board to endeavor to effect amicable settlement or induce arbi- tration of con- troversy, in- vestigate and report cause thereof and one respon- sibility. Expense of ublication, ow paid. Fees and mile- age of wit- nesses sub- poenaed by state board. As amevded May 18, 1894. Annual report of state board. Compensation and expenses of members of state board; rooms for meeting in capitol. Repeals, 12 assigning such responsibility or blame. The board shall have the same powers for the foregoing purposes as are given it by section g of this act; provided, if neither a settlement nor an arbitration be had because of the opposi- tion thereto of one party to the controversy, such investiga- tion and publication shall, at the request of the other party, be had. And the expense of any publication under this act shall be certified and paid as provided therein for pay- ment of fees. ¢ SECTION 15. Witnesses summoned by the state board shall be allowed the sum of fifty cents for each attendance, and the further sum of twenty-five cents for each hour of attendance in excess of two hours, and shall be allowed five cents a mile for travel each way from their respective places of employment or business to the place where the board is in session. Each witness shall state in writing the amount of his travel and attendance, and said state board shall certify the amount due each witness to the auditor of the county in which the controversy or difference exists, who shall issue his warrant upon the treasury of said county for the said amount. SECTION 16. The said state board shall make a yearly report to the governor and legislature, and shall include therein such statements, facts and explanations as wil] dis- close the actual workings of the board, and such sugges tions as to legislation as may seem to the members of the board conducive to the friendly relations of, and to the speedy and satisfactory adjustment of disputes between employers and employes. SECTION 17. The members of said board of arbitra- tion and conciliation hereby created shall each be paid five dollars a day for each day of actual service, and their neces- sary traveling and other expenses. The chairman of the board shall, quarterly, certify the amount due each member and on presentation of his certificate the auditor of state shall draw his warrant on the treasury of the state for the amount. When the state board meets at the capitol! of the state, the adjutant general shall provide rooms suitable for such meeting. Section 18. That an act entitled ‘An act to authorize the creation and to provide for the operation of tribunals of voluntary arbitration to adjust industrial disputes between employers and employes,” of the Revised Statutes of the state, passed February 10, 1885, is hereby repealed. SecTIion 19 This act shall take effect and be in force from and after its passage. Rules of Procedure. 1. Applications for mediation contemplated by section 6 and other official com- munications to the board must be addressed to it at Columbus. They shall be acknowledged and preserved by the Secretary, who will keep a minute thereof, as well as a complete record of all the proceedings of the board. 2. On the receipt of any document purporting to be such application, the Secre- tary shall, when found or made to conform to the law, file the same. If not in con- formity to law, he shall forthwith advise the petitioners of the defects with a view to their correction. 3. The Secretary shall furnish forms of application on request. 4. On the filing of any such application the Secretary shall, with the concur- rence of at least one other member of the board, determine the time and place for the hearing thereof, of which he shall immediately give public notice by causing four plainly written or printed notices to be posted up in the locality of the controversy, substantially in the following form, to-wit: OFFICE OF STATE BOARD OF ARBITRATION, STATE OF OHIO, CoLUMBUS, Me sestacassciesceesecseeess 189... PUBLIC NOTICE. The application for arbitration and Conciliation between. .....ccccccccossscsccererecesceccce BENTO VEL? DUG warovavsi sec vovsniscesacacscencts vsensesss CMIPIOVES, AL? isccccsescoed stas cabeanenccndeseondseotat Bee e ee eteatt felex i sanaen tarseseM teens cersustasnacws:', 111 ;can0stecesWivesen oxivefuarsshemcaviessseressas eo OUNOly will be heard kecapeewsvecussrnvecesveuse® eeeeeee sereeeeesesoseeesy on the ereeee ORL Oooo See HEORESESE LEE TESEEe GAY Of. scce) sesqnses ssscscnsvscncesenes TOQse0y AL soevocssceseveos sears O'CIOCE 0.45 Ms scanestas THE STATE BOARD OF ARBITRATION. BY cvepvcnnhconccuvecessencies' 9 DECTOtALY 5. The Secretary, as far as practicable, shall ascertain in advance of the hearing what witnesses are to be examined thereat, and have their attendance so timed as not to detain any one unnecessarily, and make such other reasonable preparation as will, in his judgment, expedite such hearing. 6. Witnesses summoned will report to the Secretary their hours of attendance, who will note the same in the proper record. 7. Whenever notice or knowledge of a strike or lock-out, seriously threatened or existing, : uch as is contemplated by section 13, shall be communicated to the board, the Secretary, in absence of arrangements to the contrary, after first satisfying him- self as to the correctness of the information so communicated by correspondence or otherwise, shall visit the locality of the reported trouble, ascertain whether there be still serious difficulty calling for the mediation of the board, and if so, arrange for a conference between it and the employer and employes involved, if agreeable to them, and notify the other members of the -board; meantime gathering such facts and infor- mation as may be useful to the board in the discharge of its duties in the premises. 14 8. If such conference be not desired, or is not acceptable to either or both par- ties, the Secretary shall so report, when such course will be pursued, as may, in the judgment of the board, seem proper. g. Unless otherwise specially directed, all orders, notices and certificates issued by the board shall be signed by the Secretary as follows: THE STATE BOARD OF ARBITRATION, ByY.ucenssmissuncidunes bephnt , Secretary. The foregoing rules have been adopted and are herewith submitted for approval, SELWYN N. OWEN, Chairman, JOSEPH BIsHoP, Secretary, Joun LITTLE, State Board of Arbitration. | Approved: Wm. McKINLEY, JR., Governor. ree gl 4 Velie RAAT CB je ve imed'os a eo) ne a vlae HO Til BOOK DEP | CATA 1] Ht | II HP AHTIH D AISLE SECT SHLF SIDE POS ITEM.C | HET Hil| | en age OF ge FC ee A PE TS fat: Scale A ; xf " 4