154 N.Y.S. 627 | N.Y. App. Div. | 1915
Lead Opinion
In the operation of the defendant’s railroad it has in its service the following persons, among others:
(A) A stenographer whose duties are to take dictation by shorthand and transcribe the same on a typewriter. Her compensation is at the rate of $960 per year, and she is paid $80 monthly.
(B) An accountant whose duties are with bills and payrolls. His compensation is at the rate of $1,500 per year, and he is paid $125 monthly.
(0) A typist, his duties being to copy papers by typewriter. His compensation is at the rate of $540 per year, and he is paid $45 monthly.
(D) A rodman, who assists civil engineers by carrying and holding the rods of graduated surveyors. His compensation is at the rate of $780 per year, and he is paid $65 monthly.
(E) A chainman, who assists civil engineers in surveying and inspecting railroad construction work by carrying a surveyor’s chain with which he measures. His compensation is at the rate of $600 per year, and he is paid $50 monthly.
(F) A levelman, who assists civil engineers in work similar to that of the chainman by carrying an engineer’s level and making mathematical calculations. His compensation is at the rate of $1,020 per year, and he is paid $85 monthly.
(G-) A blueprinter, whose duties are to prepare blueprints of plans and drawings. His compensation is at the rate of $480 per year, and he is paid $40 monthly.
(H) A civil engineer, who is employed under the principal assistant engineer and has charge of all elevated railroad improvements and extension work. His compensation is at the rate of $3,000 per year, and he is paid $250 monthly by defendant’s check drawn on a local bank convenient to the office with which said employee is connected.
(1) A matron, employed in defendant’s office at Ninety-eighth street and Third avenue, whose duties are in the nature of welfare work in assisting a large staff of telephone operators in the care of their rooms, preparation of their food, and similar details of their lives. Her compensation is at the rate of $420 per year, and she is paid $35 monthly.
*34 (J) A civil engineer, who has charge of field work in constructing sections of elevated railroad improvements. His compensation is at the rate of $2,700 per year, and he is paid $225 monthly.
(K) A bookkeeper in the defendant’s office, who is occupied with the usual office work of a bookkeeper. His compensation is at the rate of $1,200 per year, and he is paid $100 monthly.
(L) A draftsman, who designs and drafts work connected with elevated railroad improvements and extensions. His compensation is at the rate of $1,800 per year, and he is paid $150 monthly.
(M) A chauffeur, who operates an automobile used by engineers in field work. His compensation is at the rate of $1,020 per year, and he is paid $85 monthly.
(N) A structural designer, who draws designs for elevated railroad structures and improvements preparatory to the preparation of plans therefor. His compensation is at the rate of $1,920 per year, and he is paid $160 monthly.
(O) An office boy, whose duty is to “run”' (sic) errands and perform the other customary work of an office boy. His compensation is at the rate of $300 per year, and he is paid $25 monthly.
(P) A telephone switchboard operator in defendant’s office, who makes telephonic connections on a telephone switchboard. Her compensation is at the rate of $600 per year, and she is paid $50 monthly.
(Q) A clerk in defendant’s office, who performs general office work of a clerical nature. His compensation is at the rate of $1,080 per year,, and he is paid $90 monthly.
All of the foregoing persons are paid in cash with the exception of “H,” the civil engineer.
The questions submitted for our determination are:
(1) Do all of the foregoing persons come within article 2, section 11, of the Labor Law ? and (2) if not, do any of them, and, if so, which ones ? (3) Does the payment of the civil engineer (H) by check as hereinbefore recited constitute a compliance with section 10 of article 2 of the Labor Law ?
(A) Section 11, above referred to, requires every corporation (except such as operate steam surface railroads, as to which a
It scarcely needs argument to show that the following are not within the defined classes: Stenographer, accountant, typist, chainman, levelman, civil engineers (H and J), bookkeeper, draftsman, structural designer, clerk. The case of the rodman is not so clear. His work is apparently largely of a manual nature, but as his duty is to “ assist civil engineers ” in their work, I think that we may infer that he belongs to the engineering staff, although in an humble capacity, rather than among the workingmen or laborers, and is accordingly not within the statutory definition. The blue-printer is also on the border line, but I am inclined to think that he may upon a liberal construction be deemed to be a workingman, as is the office boy. The matron, upon a similar construction, should be classed as a workingwoman, as should the telephone switchboard operator. The chauffeur is (or ought to be) a mechanic, but in any case he is a workingman.
(B) Section 10, above referred to, requires various classes of corporations of which defendant is one to “ pay to each employee
In respect of the form of the judgment to be entered the submission is equivocal. The submission states: “It is agreed that if the questions above stated be decided by the court in the affirmative, the plaintiff shall have a judgment for a penalty of $50, in accordance with section 12 of article 2 of the Labor Law;
Therefore, there should be judgment for plaintiff for fifty dollars.
Ingraham, P. J., Clarke and Sgott, JJ., concurred; Dowling, J., dissented.
See Consol. Laws, chap. 31 (Laws of 1909, chap. 36), § 12, as amd. by Laws of 1909, chap. 206. See, also, Laws of 1915, chap. 674, §§ 6, 7.— [Rep.
Dissenting Opinion
The Commissioner of Labor heretofore gave notice to defendant pursuant to section 21 of the Labor Law (Consol. Laws, chap. 31; Laws of 1909, chap. 36) to comply generally with the provisions of section 11 of the Labor Law by paying the employees enumerated in this submission weekly instead of monthly. Having in mind the beneficent purpose which the
Judgment directed for plaintiff for fifty dollars. Order to be settled on notice.