Montana labor news., 1936-02-27

provided that such greater number
constitute at least 40 per cent centun
OF the laborers, workmen, or mechanics
engaged in such trade or occupation
in the city Of; in the event that
there is less than 30 per centum OF the
laborers, workmen, or mechanics en-
gagged in the same trade or occupation
in the city of..--. paid the same
rate, then the average rate paid to such
laborers, workmen, or mechanics in the
same trade OF occupation, shall be the
prevailing rate. For the purpose of de-
termining the number of laborers,
workmen, or mechanics engaged in any
such trade or occupation all the labor
ers, workmen, or mechanics engaged in
the performance of work under this
contract and all other laborers, work.
men, or mechanics in the city Of
.-.engaged on similar work to
that required under this contract,
whether highway construction or other
wise, shall be included in such total
number. The contract hereby, as one
of the inducements to the State High
way Commission to enter into this con-
tract, particularly agrees to the pro-
visions of this article with respect to
the Standard prevailing rate of wages
for the purposes of this contract, and
shall not make or have any claim that
any OF the provisions of this article are
void or ultra wires in any respect or
for any purpose"
In this era OF trade unionism and
collective bargaining, such provision in
the contract would have this practical
effect;
l.. In those county seats where most,
if not all, Of the men employed in a
given trade or occupation are mem
bers OF a trade union, the union scale"
would then be the standard prevail
ing rate OF wages.
2. Even in those county seats where
the members OF trade unions do not
constitute a majority Of the persons en-
ployed at a given trade nevertheless
the union scale" may still be the pre-
vailing rate" especially if those mem
bers constitute as much as 40 per cent
OF the total.
). In those county seats where there
are no unions or where the members
OF such unions constitute only a small
number OF the total employed at a
given trade, then the average rate
shall be the prevailing rate"
That such a solution is both legal
and practicable is fully sustained by
the decision in Morse V. Delaney, SUI
pra, wherein the Supreme Court Of
New York said IF industrial groups,
OF labor and capital which have
established wage agreements, largely
dominate their particular industry, the
probable effect will be that a majority
OF all the workmen in that particular
line of endeavor will be paid the rate
fixed by the group convention, even
though only a minority belong to the
trade union which has succeeded in
bringing about such wages agreements.
But, if the organized groups are not
sufficiently controlling to influence a
that will serve the majority, they
may still constitute such a large factor
IN the industry as to entitle their scale
to be regarded as the prevailing rate
and this would certainly be true if the
proportion controlled by such factor
constituted as high a number as 40
per cent of the total. Finally, if there
are no group agreements in the par
locality in relation to wages, or
workers within such agreement
compose only a small portion of
working body, an average can be
struck between the various rates paid,
and such average may constitute the
fair market rate or the prevailing rate"
AS the Supreme Court of California
said in a recent case constituting a sim
liar statute: There may be, as there
is in charter provisions and or
1~inances affecting the matter before us,
rough edges and inconsistencies and IT.
regularities which can be composed or
out by the exercise of co-opera-
tive efforts on the part of all persons
upon whom the law may operate. = =
The questions of law being settled,
there should be no trouble in applying
t in such manner as to accomplish the
manifest purpose of the charter"
Hague V. Cleary, 48 Pac. ~ 5)
Chapter l02 Of the laws of Montana,
1881, is not in its concept the sudden
creation OF our lawmaking body but the
manifestation of an economic move
extending over many years. Pro-
g%ressive legislatures throughout tt e
world have come to realize that the
state should be the first to prevent the
exploitation Of human labor, the first
insure the toiler a decent standard
If living, and the first to give an ex-
to private employers. Our leg
Stature has dealt realistically with the
problem in Chapter 102, and in doing
Montana marches abreast with at
east five other states that we know Of
where the same high standards have
'een raised for public contracts.
In addition to the authorities cited
lbove, we have considered Akin ".
Kansas, l91 U. S. 2O7; Connollay v.
General Construction Co., 269 U. S. 1856;
v. Cleary, 80 Pac. (2) 219; State
Z. Anklam, 81 Pac. (2) 1888; In re Rate
If Wages, 100 Stl. 408; State v. Blaser,
o Pac. (2) 593; Dunphy and Hannah
z. State, 264 N. Y. 429; McGaffery v.
State, 259 N. Y. l59; Carder Realty
Corporation V. Perkins, 261 N. Y. ST.
80.
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