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. 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 industries 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 arbitration court, employing some 7,400 workers, 62 per cent were receiving in excess of the minimum established by the court. The investigation 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 minimum rates are fixed for the other occupations up to 66s. ($16.06) for blacksmiths, fitters, turners, etc., and 72s. ($17.52) for pattern makers.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 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 established by the Board of Trade for each of the specified industries. The boards must consist of equal numbers of persons representing employers 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 minimum 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 circumstances 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 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: 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 and 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, providing 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 years 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 establishment of joint district boards, consisting of representatives of employers 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 especially significant, because of the fact that the employees are very largely adult males and very strongly organized. 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 cases, 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 applicable to men, as well as to women and children, in this respect differing from the American laws, all of which have one principle in common 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 Massachusetts was followed by similar legislation in eight other States during 1912 and 1913. As regards the scope of the laws, in California, 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, Massachusetts, 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 having general functions in regard to the administration of labor laws. 1 See page 129 et seq. In Utah the administration of the law is in the hands of the commissioner 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 serving 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 commissions, 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 published 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 prevent a reasonable profit; in Nebraska, if likely to endanger the prosperity 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: |