The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-05
ALIENS ON SUBWAYS
NOT TO LOSE JOBS
Attorney General Woodbury.
Decides Citizens Cannot
Force Vacancies.

AiR.SY. April New York city sub
way contractors and others engaged In
pubic construction work are not re-
Quired 20 dispense with the services Of
allen laborers hired when citizen labor
was not available. although citizen labor
becomes available later. according 10 an
opinion rendered by Attorney General
Woodbury. TO the State Labor Depart
ment The same opinion holds that
where aliens were hired in violation of
the labor law as Il existed before its
amendment this year their employment
should be discontinued unless citizens
are not available. II citizens rannot he
obtained the employment Of aliens may
be continued under new contracts of
hiring
The opinion is des gued 10 cover DIM
culties encountered by New York city
subway contractors after the amend
ment Of the alien labor exclusion clause
OF the labor law. The state commits
>.oncr Of Labor recently advised tho
Aforementioned that some OF the con-
tractors contruded that II Was not noc"s-
siry to dis barge Tn" aliens a. present
employ ed even though citizen labor may
he obtained This contention WAS based
upon the modification icy tha Legislature"
~ the absolute prohibition of alien
Ia bor on publ, works TO the express on
that citizens should receive the prefer
once In employment on public works and
rrrnitt'uc the employment ot aliens
when citizen tabor - not available
There should be lt'l" i Hiou'ty.' SAYS
Attorney -'icneral Woodbury.. with tho
question of continuance iu employment
OF aliens employed in conformity with
the amendment since the tim" q became
effective The preference given to oi''.
zens IL intended t. hc awaited OF At tho
time the pnp'ON rnDu' h. open.
~ an alien j. acc. pt"d hO'tuse
citizens are mot available his employ
msrt may continue although at . later
time . citizen might present himself
for the particular employment per
formed by the al'eu The statu'"
nowhere indicates that aliens arc to b"
hrcd simply as temporary help "r ss
stop gaps.
at is true tho s'a'ut" provide that
aliens may I've employed when ,t icue
are not available but this docs not
carry tie implication that aliens must
he discharged II At any future time
citizens become available II is un-
necessary to enlarge upon tho difficult
ties. hardshps and confusion that would
result from such an implication
Concerning tho continuance ~ aliens
who werc Illegally employed before tho
amendment Of the labor law Attorney
General Woodbury. holds:
The question Of the continuance ~
such aliens AZ were originally emploN cd
in disregard OF the prohibition Of the
4 former law IL somewhat moro difficult
Their employment was Illegal At its m
ception.
when thus amendment took effect on
Marsh II their employment was not
lcgalized citizens were entitled to As-
sert their preference 10 the exclusion
of the aliens uU,awtully employed. IN"
provision OF the law bringing existent
contracts into conformity with the
/ amendment does not affect this rnn,lu-
/ : on, since tho original hiriug did not
comply with the requirements of either
! the now law or OF the former law.
/ THE continuance OF such aliens In
employment might, however. he Legal
! lied under new contracts OF hiring, pro
vided that AZ such time citizens were
| not available"