XII.2 Labor

Text

Article XII, Section 2. Labor. (1) The legislature shall provide for a Department of Labor and Industry, headed by a Commissioner appointed by the governor and confirmed by the senate.

(2) A maximum period of 8 hours is a regular day's work in all industries and employment except agriculture and stock raising. The legislature may :change this maximum period to promote the general welfare.

Current through 2019 session.

https://leg.mt.gov/bills/mca/CONSTITUTION/XII/2.htm

History

Sources

1889 Montana Constitution as Ratified

Article XVIII, Section 1. Labor. The Legislative Assembly may provide for a bureau of agriculture, labor and industry, to be located at the capital and be under the control of a commissioner appointed by the Governor subject to the confirmation of the senate. The commissioner shall hold his office for four years, and until his successor is appointed and qualified, his compensation shall be as provided by law.

Sec. 2. It shall be unlawful for the warden or other officer of any state penitentiary or reformatory institution in the State of Montana, or for any State officer to let by contract to any person or persons or corporation the labor of any convict within said institutions.

https://courts.mt.gov/portals/189/library/docs/1889cons.pdf

1903 Amendment

An Act Entitled, "An Act Providing for the submitting to the qualified Electors of the State of Montana, for their approval or rejection, Amendments to Article 18 of the Constitution of the State of Montana," by adding thereto three new Sections as follows:

Section 3. Prohibiting the employment of children under sixteen years of age in underground mines.

Section 4. Making a period of eight hours a day's labor on public works, and in mills, smelters and underground mines.

Section 5. Providing for legislation to enforce the provisions of this Article.

Be it Enacted by the Legislative Assembly of the State of Montana:

Section 1. There shall be submitted to the qualified electors of the State of Montana, at the next general election to be held within this State, the following Amendments to Article XVIII of the Constitution of the State of Montana, relating to Labor:

Section 3. It shall be unlawful to employ children under the age of sixteen (16) years of age in underground mines.

Section 4. A period of Eight Hours shall constitute a day's work on all works or undertakings carried on or aided by any Municipal, County or State Government, and on all contracts let by them, and in Mills and Smelters for the treatment of ores, and in underground mines.

Section 5. The Legislature by appropriate legislation shall provide for the enforcement of the provisions of this Article.

Laws of Montana, 8th Session, 1903 Chapter XLIX — Acts 1903, March 3, 1903 (108–09) (available in print at the William J. Jameson Law Library, Alexander Blewett III School of Law, University of Montana).

1935 Amendment

An Act for the Submission to the Qualified Electors of the State of Montana for an Amendment to Section Four (4) of Article Eighteen (18) of the Constitution of the State of Montana, Relating to the Hours of Labor in All Industries, Occupations, Undertakings and Employments Except Farming.

Be it enacted by the Legislative Assembly of the State of Montana:

That Section Four (4) of Article Eighteen (18) of the Constitution for the State of Montana be amended as hereinafter provided, and that the question of such amendment be submitted to the qualified electors of the State of Montana at the general election to be held on November 3, 1936.

Section 2. That Section Four (4) of Article Eighteen (18) of the Constitution be, and the same is hereby amended to read as follows: "Section 4. A period of eight hours shall constitute a day's work in all industries, occupations, undertakings and employments, except farming and stock raising; provided, however, that the Legislative Assembly may by law reduce the number of hours constituting a day's work whenever in its opinion a reduction will better promote the general welfare, but it shall have no authority to increase the number of hours constituting a day's work beyond that herein provided."

Laws of Montana, 14th Session, 1935 Chapter 172, March 14, 1935 (352–53) (available in print at the William J. Jameson Law Library, Alexander Blewett III School of Law, University of Montana).

1949 Amendment

An Act for the Submission to the Qualified Electors of the State of Montana for an Amendment to Section One (1) of Article Eighteen (18) of the Constitution of the State of Montana, Relating to the Separation of the Bureau of Labor and Industry From the Bureau of Agriculture.

Be it enacted by the Legislative Assembly of the State of Montana:

Section 1. That Section one (1) of Article Eighteen (18) of the Constitution of the State of Montana be amended hereinafter provided, and that the question of such amendment be submitted to the qualified electors of the State of Montana at the general election to be held in November, 1950.

Section 2. That Section one (1) of Article Eighteen (18) of the Constitution of the State of Montana be, the same is hereby amended to read as follows:

"Section 1. The Legislative Assembly shall provide for a Department of Agriculture, and a separate Department of Labor and Industry to be located at the Capitol and each of said Departments shall be under the control of a separate commissioner who shall be appointed by the Governor, subject to the confirmation of the Senate. Each commissioner shall hold office for four (4) years, and until his successor is appointed and qualified; the compensation of each commissioner shall be as provided by law. The powers and duties of each commissioner shall be prescribed by the legislature."

Laws of Montana, 31st Session, 1949 Chapter 6, February 3, 1949 (7–8) (available in print at the William J. Jameson Law Library, Alexander Blewett III School of Law, University of Montana).

1972 Montana Constitution as Ratified

Montana Constitution Article XII, Section 2.

Section 2. Labor. (1) The legislature shall provide for a Department of Labor and Industry, headed by a Commissioner appointed by the governor and confirmed by the senate.

(2) A maximum period of 8 hours is a regular day's work in all industries and employment except agriculture and stock raising. The legislature may change this maximum period to promote the general welfare.

https://leg.mt.gov/bills/mca/CONSTITUTION/XII/2.htm

Drafting

1889 Convention — Article XVIII — Labor

Proceedings and Debates of the Constitutional Convention, held in the City of Helena, Montana, July 4th, 1889, August 17th, 1889. Published by State Publishing Company, Helena, Montana (available in print at the William J. Jameson Law Library, Alexander Blewett III School of Law, University of Montana).

Each of the following subsections end with a page number reference.

Section 1.

ESTABLISHING A BUREAU OF LABOR

July 15, 1889 — Report of Standing Committee

"The clerk again read as follows: "Mr. President, your committee on Labor make the following report and recommend the adoption of the same. The committee on Labor recommend: Section 1. That a bureau of labor and industry shall be established, to be located at the capital of the state, which shall be under the management of a commissioner who shall be appointed by the Governor, subject to the confirmation of the Senate, and shall hold his office for the same term as the executive state officers."

Report of Standing Committee, 65.

July 22, 1889 — Amendments and Debates in Committee of Whole

"Mr. J.R. Toole of Deer Lodge, if in order, I move to proceed to the consideration of General File No. 6, Proposition No. 11, the report of the committee on Labor. Motion was seconded and the same was declared carried."

"The Chairman: The Committee now has under consideration proposition No. 11 of the Article on Labor..."

"The Clerk read Section 1 as follows: "That a bureau of labor and industry shall be established, to be located at the capital of the state, which shall be under the management of a commissioner who shall be appointed by the Governor, subject to the confirmation of the Senate, and shall hold his office for the same term as the executive state officers.""

"Mr. J. R. Toole, of Deer Lodge: I move to strike out the word "Industry" in the first line and insert "Agriculture" instead."

"The motion was seconded."

"The Chair stated the motion and the same was declared carried."

"Mr. Luce, of Gallatin sent up an amendment to Section 1."

"The Chairman: It is moved by the gentleman from Gallatin to amend Section one by striking out in line 4, the words "as the Executive State officers and insert in lieu thereof the words "of four years.""

"The Clerk read the section as proposed to be amended as follows: "A bureau of Labor and Agriculture shall be established, to be located at the Capitol of the State, which shall be under the management of a commissioner, who shall be appointed by the Governor, subject to the confirmation of the Senate, and shall hold his office for the same term of four years.""

"Mr. Luce, of Gallatin: The amendment contemplates the striking out of the words "the same term." My object is, Mr. Chairman, to give the term, because if they were appointed by the Governor they could not hold the same term as Executive Officers."

"Mr. Hogan, of Silver Bow: We had the same matter under consideration, and as we did not know what time the Governor would be elected and for what term, we put it in the Executive Officers Now if we make this four years, it doesn't look reasonable to ask the Governor to appoint a man for a longer term than he is elected for himself. If it was settled that the Governor would be elected for four years, I think it would be easier to get at."

"Mr. J. K. Toole, of Lewis & Clarke: I move to amend that motion by adding to it the words, "except as otherwise provided in this constitution"; so that it can be arranged finally that the first officer shall hold for the period of three years, then this officer may be appointed fo the same length of time, so that he shall hold for the same term as the Governor."

"The motion was seconded."

"Mr. Luce, of Gallatin: I accept the amendment."

"The Chairman: The question before the committee is on the motion of the gentleman from Gallatin, subject to the amendment of the gentleman from Lewis & Clarke, which has been accepted, to strike out of the last two lines the word "same" and the words "as the executive state officers," and insert in lieu thereof "the term of four years except as otherwise provided in this constitution"; so that the last two lines will otherwise be provided in this constitution"; so that the last two lines will otherwise read "subject to the confirmation of the Senate, and shall hold his office for the term of four years except as otherwise provided in this constitution." These were the final motions to pass."

The Committee then proceeded to discuss the merits of creating this position. Mr. J. R. Toole vouched for the need of a commissioner, claiming that every state has a commissioner tasked with gathering useful information related to labor statistics, such as wage rates, working conditions and product conditions. Mr. Burleigh, of Custer, examined the potential expenses that would be annually incurred by having a commissioner.

The following motions failed. Mr. Craven, of Lewis & Clarke, moved to combine Proposition 15 (establishing a bureau of agriculture, manufacture and commerce) with Proposition 11 by also inserting the words "manufacture and commerce" in the first line. The motion was seconded. Mr. Whitehill, of Deer Lodge, who had originally questioned the purpose of having a commissioner, moved to add the words "mines and mining" to the proposition for the purpose of gathering statistics. However, other members disagreed with the notion of defining the commissioner's duties and that the word "industry" should encompass all trades.

Amendments and Debates in Committee of Whole, 196–98.

July 23, 1889 — Report of Committee of Whole to Convention

"The Clerk read as follows: The Report of Committee of the Whole on Article on Labor. Carpenter, Chairman. To the President of the Convention: The Committee of the Whole has had under consideration Proposition No. 11 on General File, being the proposed Article on Labor, and has amended the same as follows, to-wit: Section 1 is amended to read as follows: Section 1, the Legislative Assembly shall provide for a Bureau of Labor and Industry, to be located at the Capital of the state, which shall be under the management of a Commissioner, who shall be appointed by the Governor, subject to the confirmation of the Senate, and shall hold his office for the term of four years, except as otherwise provided by this constitution."

B. P. Carpenter, Chairman, submitted: "The Committee report the said article, with the amendments to the convention, and recommend that it be adopted as amended."

The motion passed to adopt the report of the Committee of the Whole on the Article of Labor.

Report of Committee of Whole to Convention, 238.

July 23, 1889 — Amendments and Debates in Convention

For Section 1, the following motions for revision passed:

Striking "except as otherwise provided by this Constitution."

Replacing "shall" with "may" ("The Legislative Assembly may provide...").

Including "Agriculture" with the Committee for Labor and Industry.

Amendments and Debates in Convention, 239–40.

July 23, 1889 — Adoption and Final Passage

For a total of 61/74, the Ayes included: Aiken, Bickford, Brazelton, Breen, Browne, Buford, Bullard, Burleigh, Burns, A. F. Burns, A. J. Burns, Edward, Carpenter, Callaway, Cauby, Chessman, Collins, Conrad, Cooper, Courtney, Craven, Dixon, Dyer, Fields, Gaylord, Gibson, Gillette, Hartman, Haskell, Hatch, Hickman, Hobson, Hogan, Joy, Kanouse, Kennedy, Knowles, Loud, Marrion, Marshall, Mayger, McAdow, Middleton, Mitchell, Muth, Parberry, Ramsdell, Reek, Rotwitt, Rickards, Sargent, Schmidt, Stapleton, Toole Jos. K., Toole J. R. Warren, Watson, Whitehill, Winston, Witter, and the President.

Adoption and Final Passage, 244.

August 16 1889 — Final Revision

"The Clerk read as follows: Proposition No. 11 article on labor, insert in lieu of Section 1 as follows: Section 1. "The Legislative Assembly may provide for a bureau of Agriculture, Labor and Industry" to be located at the Capitol, and be under the control of a Commissioner appointed by the Governor subject to the confirmation of the Senate. The Commissioner shall hold his office for four years and until his successor is appointed and qualified. His compensation shall be as provided by law."

Final Revision, 952.

Section 2.

ORIGINALLY ON THE COMMISSIONER'S DUTES – AMENDED TO ADDRESS CONVICTS' RIGHT TO LABOR

July 10, 1889 — Introduction of Resolution

"Proposition No. 2. To Prevent Convict Labor under Contract. That any person or persons convicted of a crime in the State of Montana, and while under sentence for the same, shall not be allowed to labor for any individual, company or corporation. Neither shall the State have power to enter into agreement or contract with any individual, company or corporation to have convicts do any labor that will in any way compete with free labor."

Introduction of Resolution, 50.

July 15, 1889 — Report of Standing Committee

Proposition No. 2 eventually became associated with Section 2. However, the following was originally offered for Section 2, "Section 2. The commissioner of labor and industry shall perform such duties and receive such compensation, and to pass such laws as may be necessary for the government, regulation and support of such bureau."

Report of Standing Committee, 65.

July 22, 1889 — Amendments and Debates in Committee of Whole

Debate ensued on the merits of limiting convicts' ability to legally labor. After what reads as heated debate, Mr. Dixon, of Silver Bow, offered this amendment, "Section 3. The labor of convicts shall not be let out or hired by contract to any person, co-partnership, company or corporation. The Legislative Assembly shall provide by law for the working of convicts, for the benefit of the State, but in such manner that the labor of such convicts shall not come in contact with free labor."

Amendments and Debates in Committee of Whole, 198–209.

July 23, 1889 — Report of Committee of Whole to Convention

The Committee struck Section 2 as quoted from the Report of Standing Committee.

Report of Committee of Whole to Convention, 238.

July 23, 1889 — Amendments and Debates in Convention

The Committe moved to strike Section 2 and replace it with Section 3.

Amendments and Debates in Convention, 245.

July 23, 1889 — Adoption and Final Passage

For a total of 61 Ayes out of 74 votes, Section 2 was struck and Section 3 was inserted for Section 2 of this article. This action reassociated Proposition No. 2 with Section 2. The Final Revision reflects this change.

Adoption and Final Passage, 245.

August 16, 1889 — Final Revision

"Insert in lieu of Section 2 the following: Section 2. It shall be unlawful for the warden or other officer of any State Penitentiary or Reformatory Institution in the State of Montana, or for any State Officer to let by contract to any person or persons or corporations the labor of any convict confined within said institutions."

Final Revision, 952–53.

Section 3.

ORIGINALLY ON CONVICTS' RIGHT TO LABOR – AMENDED TO DEFINE A LEGAL DAY'S WORK — STRUCK

July 11, 1889 — Introduction of Resolution

Introduction of Resolution, 50.

July 15, 1889 — Report of Standing Committee

"Section 3. That no person or persons convicted of a crime in the State of Montana, and while under sentence for the same, shall not be allowed to labor for any individual, company or corporation; neither shall the State have power to enter into agreement or contract with any individual, company or corporation to have convicts do any labor that will in any way compete with free labor."

Report of Standing Committee, 65.

July 22, 1889 — Amendments and Debates in Committee of Whole

Mr. J. R. Toole, of Deer Lodge offered an Amendment copied from the Illinois Constitution, "It shall be unlawful for the commissioner or other state officers of any penitentiary or other reformatory institution in the State of Montana to let by contract any person or persons, or corporations, the labor of any convict confined within said institution." The motion was seconded. Debate ensued on the merits of limiting convicts' ability to legally labor. After what reads as heated debate, Mr. Dixon, of Silver Bow offered this amendment, "Section 3. The labor of convicts shall not be let out or hired by contract to any person, co-partnership, company or corporation. The Legislative Assembly shall provide by law for the working of convicts, for the benefit of the State, but in such manner that the labor of such convicts shall not come in contact with free labor."

Amendments and Debates in Committee of Whole, 199–209.

July 23, 1889 — Report of Committee of Whole to Convention

"Section 3 is amended to read as follows: Section 3. It shall be unlawful for the Warden or other officer in authority, or other state officers of any penitentiary, or other reformatory institution in the State of Montana, to let by contract to any person or persons, or corporations, the labor of any convict confined within said institution."

Report of Committee of Whole to Convention, 238.

July 23, 1889 — Amendments and Debates in Convention

The Committee moved Section 3 (as quoted in the Report of Committee of Whole to Convention) to Section 2. This substitute for Section 3 was offered and voted in, effective upon revision by the Committee on Revision and Phraseology, "Section 3. All state, county and municipal work in the state of Montana shall be done by the day, and eight hours shall constitute a legal day's work for all classes of mechanics and laborers in connection with the same." However, Section 3 never passed final revision and was not adopted into the 1889 Constitution.

Amendments and Debates in Convention, 245.

Section 4.

ON CHILDRENS' LABOR IN MINING OPERATIONS – STRUCK

Reported by Standing Committee, rejected by Convention, but added by Amendment in 1903–1904.

July 11, 1889 — Introduction of Resolution

"Proposition No. 6 offered by Mr. Eaton of Park. Labor. Article ___. Section ___. No child under 14 years of age shall by any corporation or person be employed in either mines or manufactures in this state."

Introduction of Resolution, 50.

July 15, 1889 — Report of Standing Committee

"Section 4. That no child under fourteen years of age shall by corporation or person be employed in either mines or manufactories in this State."

Report of Standing Committee, 65.

July 22, 1889 — Amendments and Debates in Committee of Whole

Mr. Marion, of Missoula, sent up an amendment to lower the age to twelve. Mr. Knowles, of Silver Bow, opposed this amendment. Debate ensued. The majority believed that this issue would be better addressed by the Legislature than the constitution. Mr. Breen, of Jefferson, disagreed with the majority and claimed that the mines are not fit for children and that the provision should stand as is. Mr. Knowles challenged Mr. Breen by asking whether the constitution would be providing a penalty for any mining company that violated the constitution. Mr. Breen retorted, "I should ask Judge Knowles to make some penalty." At this, Mr. Knowles observed that Mr. Breen would have the Constitution become a criminal statute. Mr. Knowles cited a provision for the Statute of Montana Territory, "All corporations or individuals working mines or manufactories, who shall employ, or permit to be employed, any children, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding $1,000." He continued by asserting, "That is a Statute of Montana; it exists on the Statute Book; it will go into effect as the law of Montana and be enforced as a law of this State, and your constitutional provision does not amount to the paper it was written on, while that does amount to something."

Mr. J. K. Toole of Lewis & Clarke, immediately offered an amendment to add the following after Section 4, "The Legislative Assembly shall enforce this provision by appropriate legislation." Mr. Hartman, of Gallatin, heartily concurred with this amendment.

However, the motion was put to vote and lost.

The motion to strike Section 4 was seconded and declared carried.

Amendments and Debates in Committee of Whole, 209–11.

July 23, 1889 — Report of Committee of Whole to Convention

The Committee struck Section 4.

Report of Committee of Whole to Convention, 238.

Section 5.

ON LEGAL PAYMENT FOR LABOR – STRUCK

Reported by Standing Committee, rejected by Convention, but Added by Amendment in 1903–1904.

July 15, 1889 — Report of Standing Committee

"That on and after the adoption of this constitution the State of Montana, it shall be unlawful for any company or corporation to pay their employees in any other way than in lawful money of the United States."

Report of Standing Committee, 66.

July 23, 1889 — Report of Committee of Whole to Convention

The Committee struck Section 5.

Report of Committee of Whole to Convention, 238.

Section 6.

DEFINING A LEGAL DAY'S WORK – STRUCK AND ADDED TO SECTION 3

Reported by Standing Committee, rejected by Convention, but added by Amendment in 1903–1904.

July 15, 1889 — Report of Standing Committee

"Section 6. That on and after the adoption of this constitution by the State of Montana, all state, county and municipal work shall be done by the day, and that eight hours shall constitute a legal day's work for classes of mechanics and laborers in connection with the same."

Respectfully submitted,

Peter Breen, Chairman

Report of Standing Committee, 66.

July 23, 1889 — Report of Committee of Whole to Convention

The Committee struck Section 6.

Report of Committee of Whole to Convention, 238.

Adoption and Final Passage of the Article on Labor (August 15, 1889)

"The Clerk read as follows: Proposition No. 11 article on labor, insert in lieu of Section 1 as follows: Section 1. The Legislative Assembly may provide for a bureau of agriculture, labor and industry, to be located at the capital and be under the control of a commissioner appointed by the Governor subject to the confirmation of the senate. The commissioner shall hold his office for four years, and until his successor is appointed and qualified, his compensation shall be as provided by law.

Insert in lieu of Section 2 the following:Section 2. 2. It shall be unlawful for the warden or other officer of any state penitentiary or reformatory institution in the State of Montana, or for any State officer to let by contract to any person or persons or corporation the labor of any convict within said institutions.

If there be no objection these amendments will be adopted and Propositions No. 9 and 11 will be referred to the Enrollment Committee to be enrolled."

Adoption and Final Passage, 945.

1972 Convention

Delegate Proposals

All Delegate Proposals can be found in Vol. I of the Montana Constitutional Convention 1971–1972, published by the Montana Legislature in cooperation with the Montana Legislative Council and the Constitutional Convention Editing and Publishing Committee, Helena, Montana, 1979 (available in print at the William J. Jameson Law Library, Alexander Blewett III School of Law, University of Montana).

Each of the following subsections contain verbatim excerpts and end with a page number reference.

February 2, 1972 – Delegate Proposal No. 100 – Individual Rights

Date Introduced: Feb. 2, 1972

Referred to the Bill of Rights Committee

"A proposal for a new constitutional section prohibiting involuntary servitude a part of each week except for necessary and recreational services.

Be it proposed by the Constitutional Convention of the State of Montana:

Section 1. There shall be a new Constitutional Section to provide as follows:

"Section ___. No person shall be required to work other than in essential services and places of recreation from approximately dusk on Saturday to dawn on Monday. The exact hours of closing and the excluded industries and services are to be determined by the legislature."

Introduced by: /s/ Robert Lee Kelleher"

Delegate Proposal No. 100 – Individual Rights, 220.

February 3, 1972 – Delegate Proposal No. 137 – Employment Benefits

Date Introduced: Feb. 3, 1972

"Referred to Judiciary Committee

A proposal for a new Constitutional section providing that unemployment and industrial accident benefits be applied consistently, without regard to the type of employment.

Be it proposed by the Constitutional Convention of the State of Montana:

Section 1. There shall be a new Constitutional Section to provide as follows:

"Section ___. Unemployment compensation, industrial accident benefits and any other benefits to which a wage earner is entitled shall be available on an equal basis to all wage earners regardless of the nature of their employment."

Introduced by: /s/ Mike McKeon

/s/ Dan W. Harrington"

Delegate Proposal No. 137 – Employment Benefits, 271.

February 3, 1972 – Delegate Proposal No. 138 – Minimum Wage

"Date Introduced: Feb. 3, 1972

Referred to Public Health, Welfare, and Labor Committee

A proposal for a new Constitutional section providing for a mandatory minimum wage law.

Be it proposed by the Constitutional Convention of the State of Montana:

Section 1. There shall be a new Constitutional Section to provide as follows:

"Section ___. The legislature shall provide for a minimum hourly wage which shall apply without exception to all persons employed within the state."

Introduced by: /s/ Mike McKeon

/s/ Dan W. Harrington"

Delegate Proposal No. 138 – Minimum Wage, 272.

February 4, 1972 – Delegate Proposal No. 148 – Employment Rights

"Date Introduced: Feb. 4, 1972

Referred to Public Health, Welfare, and Labor Committee

A proposal for a new Constitutional section providing for full employment of able bodied persons.

Be it proposed by the Constitutional Convention of the State of Montana:

Section 1. There shall be a new Constitutional Section to provide as follows:

"Section ___. The state and its political subdivisions shall be employers of law resort, and shall provide to those involuntarily unemployed employment consistent with their dependency and ability to work."

Introduced by: /s/ Joseph H. McCarvel

/s/ Wm. H. Artz

/s/ George W. Rollins

/s/ Arnold W. Jacbosen

/s/ Veronica Sullivan

/s/ W. H. Swanberg

/s/ D. A. Scanlin

/s/ Charles H. Mahoney

/s/ Peter "Pete" Lorello

/s/ Edith Van Buskirk

/s/ Wade J. Dahood"

Delegate Proposal No. 148 – Employment Rights, 290.

February 4, 1972 – Delegate Proposal No. 178 – Conciliation Court

"Date Introduced: Feb. 4, 1972

Referred to Public Health, Welfare, and Labor Committee

A proposal for a new Constitutional section providing for a labor-management conciliation court.

Be it proposed by the Constitutional Convention of the State of Montana:

Section 1. There shall be a new Constitutional Section to provide as follows:

"Section ___. The legislature may require parties to a labor dispute, arising from business or governmental activity within the state and affecting the public interest, to submit the dispute to a court of labor-management conciliation. The legislature shall provide for the jurisdiction of such court consistent with federal jurisdiction over the same parties and subject matter."

Introduced by: /s/ Joseph H. McCarvel

/s/ Wade J. Dahood

/s/ Robert Lee Kelleher

/s/ D. A. Scanlin"

Delegate Proposal No. 178 – Conciliation Court, 331.

All Other Proposals and Reports

All other proposals and reports can be found in Vol. II of the Montana Constitutional Convention 1971–1972, published by the Montana Legislature in cooperation with the Montana Legislative Council and the Constitutional Convention Editing and Publishing Committee, Helena, Montana, 1979 (available in print at the William J. Jameson Law Library, Alexander Blewett III School of Law, University of Montana).

Each of the following subsections contain verbatim excerpts and end with a page number reference.

February 18, 1970 – Majority Proposal

"Be it proposed by the Public Health, Welfare, Labor and Industry Committee:

That there be a new Article on Labor to read as follows:

Article ___.

LABOR

Section 1. Department and Commissioner. The Legislative Assembly shall provide for a Department of Labor and Industry, the Department shall be under the control of a Commissioner Appointed by the Governor, confirmed by the Legislature (Senate).

/s/ George B. Heliker (Chairman)

/s/ J. K. Ward (Vice Chairman)

/s/ R. J. Studer

/s/ W. H. Swanberg

/s/ Edith Van Buskirk

/s/ Joseph H. McCarvel

/s/ D. A. Scanlin"

Majority Proposal, 670.

February 18, 1970 – Comments on Majority Proposal

Article XVII Labor

Comments

"The proposed article retains from the present Constitution only an abbreviation of section one. Sections two to five, inclusive, are deleted. The proposal retains a Constitutional Department of Labor, but deletes the requirement that it be located at the capitol. The proposal retains the Constitutional office of Commissioner, but deletes reference to a specific term. It retains the requirement that the Commissioner be confirmed by the Legislative Assembly (Senate). The committee believes that this is as far as we should go in restricting the legislature's discretion with respect to this office. It is our intention that the legislature may leave the commissioner subject to removal by the governor at this pleasure or may, in its discretion, provide a definite term of office and/or require that the be removable only for cause. As under the present Constitution the powers and duties of the commissioner are left for legislative specification.

Delegate Mahoney dissents with respect to the deletion of the specific term for the Commissioner of Labor.

Deletion of section two and section three of the present Constitution is recommended because we do not consider the subject matter to be of sufficient importance to warrant Constitutional treatment in the absence of evidence suggesting the legislature may be unwilling or unable to act upon any problems that exist or may arise within the areas covered by those existing sections.

Deletion of section four of the present Constitution is recommended because it is defective in its present form since an employee who works more than eight hours per day violates the Constitution as much as the employer who requires or induces him to do so, among the consequences of which fact is that workers injured while working in excess of eight hours in one day have been denied standing in the courts to prosecute civil actions against negligent tort feasors. Any suggested language to remedy that defect creates new problems. For example, the clause "and except when an employee voluntarily agrees to work longer than the prescribed eight hours," has been suggested. That language would remove practically all protection for workers in non-union situations, whereas it may be argued that the worker under union-management contract needs no such protection. Furthermore, the majority feels that a Constitutional eight-hour day may interfere with desirable experimentation with combinations of longer days and shorter weeks, which is in fact now occurring. The majority is also in doubt whether the section has had enough positive practical effect over the many years it has been in the Constitution to justify its continuance. Both the Legislative and Council report of 1968 recommended its deletion. While we are cognizant of the importance attached to the section by some citizens, and while we would not be adverse to retaining it if the problems inherent in it could be solved, we now believe that wisdom dictates freeing the legislature to deal with the issue.

With the removal of sections two, three and four, section five is clearly unnecessary."

Comments on Majority Proposal, 672–73.

March 15, 1972 – Debate on Proposals

"Date Reported: March 17, 1972.

/s/ John M. Schiltz, Chairman

/s/ William A. Burkhardt, Vice Chairman

Report of Committee on Style, Drafting

Be it proposed by the Public Health, Welfare, Labor and Industry Committee:

That there be a new Article on Labor to read as follows:

Article ___

LABOR

Section 1. DEPARTMENT AND COMMISSIONER. The legislature shall provide for a Department of Labor and Industry, headed by a Commissioner appointed by the governor and confirmed by the Senate.

Section 2. EIGHT-HOUR DAY. A maximum period of 8 hours is a regular day's work in all industries and employment except agriculture and stock raising. The legislature may change this maximum period to promote the general welfare."

Report of Committee on Style, Drafting, Transition and Submission on Public Health, Welfare, Labor and Industry No. IX, 978.

March 17, 1972 – Reports of Committee on Style, Drafting

"Date Reported: March 17, 1972.

/s/ John M. Schiltz, Chairman

/s/ William A. Burkhardt, Vice Chairman

Report of Committee on Style, Drafting

Be it proposed by the Public Health, Welfare, Labor and Industry Committee:

That there be a new Article on Labor to read as follows:

Article ___. LABOR. Section 1. The ~~Legislative Assembly~~ legislature shall provide for a Department of Labor and Industry, ~~the Department shall be under the control of~~ headed by a Commissioner Appointed by the ~~Governor,~~ governor and confirmed by the ~~Legislature (Senate)~~ senate.

Section 32. EIGHT-HOUR DAY. A maximum period of 8 hours ~~shall constitute~~ is a regular day's work in all industries and employment except in agriculture and stock raising. The ~~Legislature~~ legislature may~~, however,~~ change this maximum period ~~whenever in its opinion the change will better~~ to promote the general welfare."

Report of Committee on Style, Drafting, Transition and Submission on Public Health, Welfare, Labor and Industry No. IX, 982.

March 17, 1972 – Report No. 9 on Style, Form and Grammar

"Date Reported: March 17, 1972.

/s/ John M. Schiltz, Chairman

/s/ William A. Burkhardt, Vice Chairman

Public Health, Welfare, Labor and Industry; Report No. 9; Comments on Style, Form and Grammar

LABOR. Section 1. The words "headed by" were substituted for "under the control of" to produce consistency with section 8 (1) of the EXECUTIVE Article. The transition schedule will provide for substituting the word "legislature" for "senate" if the voters approve of a unicameral.

Section 2. The number was changed. Other changes serve brevity, but do not alter substance."

Report of Committee on Style, Drafting, Transition and Submission on Public Health, Welfare, Labor and Industry No. IX, 985.

March 17, 1972 – Order of Business No. 5 – Report No. 9 – Final Consideration of Style & Drafting

"Date Reported: March 17, 1972.

/s/ John M. Schiltz, Chairman

/s/ William A. Burkhardt, Vice Chairman

Order of Business No. 5 - Final Consideration of Style & Drafting - Public Health, Welfare, Labor and Industry.

No. IX, LABOR.

Section 1. DEPARTMENT AND COMMISSIONER. The legislature shall provide for a Department of Labor and Industry, headed by a Commissioner appointed by the governor and confirmed by the senate.

Report of Committee on Style, Drafting, Transition and Submission on Public Health, Welfare, Labor and Industry No. IX, Order of Business No. 5 - Final Consideration of Style & Drafting - Public Health, Welfare, Labor and Industry, 987.

March 22, 1972 – Final Report of Committee on Style, Drafting

"Date Reported: March 22, 1972.

/s/ John M. Schiltz, Chairman

/s/ William A. Burkhardt, Vice Chairman

Report of Committee on Style, Drafting; Article XII; Departments and Institutions

Section 2. LABOR. (1) The legislature shall provide for a Department of Labor and Industry, headed by a Commissioner appointed by the governor and confirmed by the senate.

The word "legislature" is substituted for "senate". . . in subsection (1) of section 2, ARTICLE XII, DEPARTMENTS AND INSTITUTIONS."

Report of Committee on Style, Drafting, Transition and Submission Final Report, 1076, 1107.

Transcript

Transcript of the Montana Constitutional Convention 1971–1972, Volume VI, March 15, 1972, published by the Montana Legislature in cooperation with the Montana Legislative Council and the Constitutional Convention Editing and Publishing Committee, Helena, Montana, 1979 (available in print at the William J. Jameson Law Library, Alexander Blewett III School of Law, University of Montana).

Pages 2308–2327 address the Department of Labor and the Eight-Hour Work Day. Pages 2327–2372 address the Article on Labor's remaining issues.

The following contains selected excerpts from pages 2308–2327:

"Delegate Heliker: Mr. Chairman. We have a problem of order here. If the committee will refer to page 10–if you read this over, you'll note that the majority report deletes from the old Constitution all parts of the Labor Article except Section 1, which it revises considerably. Mr. McCarvel has proposed an amendment relative to the old Section 4, which he has labeled Section 3."

Delegate Heliker suggested moving Delegate McCarvel's amendment, titled "Eight-hour day," to Section 2. The Delegates agreed to this, subject to review by the Style and Drafting Committee.

Next, the Delegates agreed to strike the provision on Unemployment Compensation, because writing it into the constitution creates inflexibility and it is a topic that can be adeptly handled by the Department of Labor and Industry.

The Delegates discussed the Department of Labor and Industry and the Department of Agriculture at length. There seemed to be some disagreement in whether both were required. Delegate Bugby moved to delete the Labor Article in its entirety. Only 4 Delegates voted Aye while 87 voted No.

After some debate on the disadvantages and merits of defining a Legal Day's Work, 65 Delegates voted Aye for adding a Section on the Eight-Hour Work Day while 27 Delegates voted No.

Ratification

1972 Voter Information Pamphlet

1972 Voter Pamphlet Explanation: Proposed 1973 Constitution for the State of Montana Official Text with Explanation Submitted by the Montana Constitutional Convention.

"This is the official publication of the 1972 Constitution Proposed by the 1971–1972 Montana Constitutional Convention as Adopted on March 22, 1972. Its publication is required by Chapter 296, 1971 Laws of Montana, as amended, and made possible by an appropriation by the Montana legislature. The proposed constitution will be submitted to the voters of Montana at a special election on June 6, 1972."

Article XII Departments and Institutions (Page 4)

Retained From Present Constitution

Department of Labor and Industry. Section 2.

A maximum of 8 hours is defined as a "regular day's work" in all industries except agriculture and stockraising; however, the legislature may redefine that maximum.

Article XII Departments and Institutions (Page 16)

Section 2. Labor.

(1) The legislature shall provide for a Department of Labor and Industry, headed by a commissioner appointed by the governor and confirmed by the senate.

1. No change in grammar. Provides that the department of labor will be one of the 20 departments in the executive branch.

Deletions (Page 21)

Article XVIII—Labor

Section 2. Prohibits contracting for convict labor.

Section 3. Prohibits employing children under 16 in underground mines.

Section 5. Requires legislation to enforce Article.

Available at http://www.umt.edu/law/library/files/1972voterspamphlet

1972 Montana Constitution Newspaper Supplement (Page 5)

Departments and Institutions — Article XII

"Most of the provisions in this Article are revisions of material in the present Constitution. Sections 1 and 2 guarantee that among the 20 departments listed in the Executive Article there will be departments of Labor and Agriculture..."

"Section 2 retains the 8-hour day provision of the present Constitution in a revised form which will enable the legislature to recognize special situations such as the need for longer working days in the construction industry during good weather."

"Section 3 on institutions and assistance revises the present Constitution by omitting reference to the specific kinds of institutions the state will maintain and by deleting reference to "several counties." The omission of reference to counties leaves to the legislature the determination of the amount of public assistance and the means by which it will be supplied."

"Subsection 2 of section 3 is a new provision which declares that a citizen who is admitted to a state institution retains all his rights that are compatible with being in the institution. It also stipulates that upon release from state supervision the citizen receives an automatic restoration of all rights without any expense or humiliating legal proceedings."

https://www.umt.edu/media/law/library%5CMontanaConstitution%5CCampbell/1972MTConstNewspaperSupp.pdf

The New Montana Constitution: A Critical Look; by Gerald J. Neely (Page 21)

"LABOR AND INDUSTRY.

Proposed Article XII, sec. 2(1) retains an abbreviated provision on labor and industry (old: XVIII, sec. 1), retaining a constitutional department of labor and industry but deleting the requirement that it be located at the capitol. It retains the requirement that the commissioner be confirmed by the Senate. Some sections were deleted as being legislative material, e.g., it is now left to the legislature, such as that it shall be unlawful to employ children under 16 in underground mines. (XVIII, sec. 3). Eight hours is set as a regular days work in all areas of employment except agriculture and stock raising (XII, sec. 2(2)), which may be changed by the legislature. Under the old document (XVIII, sec. 4) the legislature had no authority to increase it above 8 hours."

https://www.umt.edu/media/law/library%5CMontanaConstitution%5CCampbell/NeelyPamphlet.pdf

Interpretation

Kuhr v. City of Billings

"Section of Montana Constitution providing that a maximum period of eight hours was a regular day's work in all industries and employment, except agriculture and stock raising, did not apply to firefighters, who were represented by a collective bargaining unit, which entered into collective bargaining agreement (CBA) with city for a 27-day work cycle, which included working 24-hour shifts and sometimes more than 40 hours per week." 168 P.3d 615 (2007); Const. Art. 12, § 2(2); MCA 39-4–107(4).

53 Mont. Op. Atty. Gen. No. 4

"A county may bargain collectively over a provision that public employees working 10 hour days, 4 days per week, are to be paid 10 hours pay for holidays." 2010 WL 2662743 (July 01, 2010).

The Montana State Constitution: A Reference Guide; by Larry M. Elison and Fritz Snyder (Page 198)

As of 2001, there were "no cases interpreting this section of the 1972 Montana Constitution. Earlier cases and recent Attorney General Opinions primarily discuss problems of overtime work, what constitutes a work week, and pay for holidays (Weston v. Montana Highway Comm'n, 1980; Glick v. State, 1973; 43 Op. Att'y Gen. 42 (1989); 37 Op. Att'y Gen. 62 (1977))."

Commentary

The Montana State Constitution: A Reference Guide; by Larry M. Elison and Fritz Snyder (Page 197–98)

Section 2. Labor.

(1) The legislature shall provide for a Department of Labor and Industry, headed by a Commissioner appointed by the governor and confirmed by the senate.

"Subsection (1) is derived from Article XVIII, section 1 of the 1889 Constitution. The subsection retains a constitutional department of labor but deletes the requirement that it be located at the Capitol (MCC Rep. 672). It also retains the office of commissioner but deletes reference to a specific term (ibid.). Subsection (2) is derived from and similar to Article XVIII, section 4 of the 1889 Constitution, but affords greater flexibility by permitting the legislature to change the maximum number of hours as needed. The 1889 Constitution prohibited the legislature from increasing the number of hours.

Subsection (1) gives complete assurance that the Department of Labor and Industry will continue to exist and that a commissioner will be appointed as head of the Department. Just as agriculture is important to the state, labor pervades all industries and thus should be afforded the same constitutional recognition as the agricultural industry (MCC Tr. 2308–2315). Unlike the parallel subsection mandating a Department of Agriculture, this subsection does not require that the Department be funded. During the constitutional debates a handful of delegates argued that specific departments should not be carved out by the constitution. The executive branch should retain the flexibility to create departments as necessary, especially in light of the previous statewide vote on executive re-organization. This same argument was made in the debate on the Department of Agriculture, Article XVII, section 1 (MCC Tr. 2308–2315).

Subsection (2) was created by independent motion. It was intended to protect workers from being compelled to work longer than eight hours. Opponents noted the limit on flexibility of alternate work patterns such as the four days of ten hours (MCC Tr. 2316-2328). Interestingly, a 40-hour-work week was not discussed. Legislative prerogative to vary working hours allows alternatives and flexibility. It also eliminates protection from majoritarian determinations."