WU. 924 091 531 289 CORNEL VERS ITY lr LIBRARY Martin P. Catherwood Library School of Industrial and Labor Relations Property of MARTIN P aWOOD UBRARY HOLSTRAL ND -Comell University U. S. DEPARTMENT OF LABOR JAMES J. DAVIS, Secretary uS. BUREAU OF LABOR STATISTICS ETHELBERT STEWART, Commissioner . BULLETIN OF THE UNITED STATES Be dy ie N 287 BUREAU OF LABOR STATISTICS 0. LABOR AS AFFECTED BY THE WAR SERIES NATIONAL WAR LABOR BOARD A HISTORY OF ITS FORMATION AND ACTIVITIES, TOGETHER WITH ITS AWARDS AND THE DOCUMENTS OF IMPORTANCE IN THE RECORD OF ITS DEVELOPMENT DECEMBER, 1921 WASHINGTON GOVERNMENT PRINTING OFFICE 1922 CONTENTS. Page. Foreword «2: «eseusweetc cn sss ch apontngaacwan vena annudiagadardceuk hills x's CuarrER I.—History of the formation and activities of the National War Labor Or res ecto aiess ss asisigzyay csetanend ae hace AIS RISA a Sad bog mae eens. ema 9-17 Formation of the board....... 2.22.02. 0.022 c cence eee cece eee nee 9,10 Adoption of principles and policies to govern industrial relations during CIE WAN aces oie oi Shima a ee © wa-oarSartaengemen ite ina tpg 10, 11 Porsonneliofithe board 0... cccsan ves eve csswevacapige sey. ser peeeeeeansion 11,12 Life ofthe board oj... 2 cannae weaned vis acanic icevegaapies va e's aaeereen cies 12,13 Jurisdiction of the board.........2. 2.2222 2-02 eee eee eee cece cece e eee 13 Organization and practice of the board. ..._..-...........0.00ceeee eee ee 14-17 Board MeCtings, .. sanenacut cece s.ss s05 Moebeebnt is tos s% teste Medice 14 Cay iN 98 ecsiceetiras u's + eeyaumierin wb NES Fie 2esnu dedi S266 Lag ecetans 14 Organization of staff...........0. 000.222 eee eee 14-16 Department of procedure..........2...-.2-22 2.0.2 e cece eee eee 15 Department of files and information..............0.....2--2.00-- 15 Department of office management. ...........-...222-.20200 eee 15 Department of auditing and accounts....-...........-......00--- 15 Department of examination...............-2- 20.22. c eee eee een ee 15, 16 Department of administration of awards.............--..0...---- 16 Special field representatives. .....-.......0.00-2 2. cece eee eee eee eee 16 LOCAL DOATOS sist nec onesbad mews ba Oa oeeodeaneamEW es opeguigees ght 16 PROCOQUT CY v5 a:a/a.ssstaiaiempiared foterare slajotatarersisparmasiced Sev eye et pM ana eeERE 16, 17 Cuartrer II.—The work of the National War Labor Board 19-26 Extent of the board’s work................2222--- 2 eee eee 19 Origin: OF CaSOS). 6 ./. x sisiscsnreccicsiers ne bees dee diem ides 2's sa es eel sRaes 19, 20 Disposition of cases. . .-.-...-+--------+---/ Votigieaige seo g 2 valbg BEaeeweRc. 20, 21 Pirblicrvtility Cases sans seis « x's x ates vioninapsameeior dis « = a's o's ers eee eo cae 21 Distribution of cases, geographically and by time............-.22........ 22 Character of complaints. ....-.-.... 3a asraaeeeee een 282252295 tierce 22, 23 AWALAS' OR DOAIG vexceye-< x sartaatkhiete’ 2 2 48s a redeem eke sx x54 fis cairo 23-26 Character of awards). xscs Bee WONROCOmBNOURWNE on =~ Grinder man..........].....-.- 44 Ground-wood screens. Rate per hour (cents). No. Occupaticn name. Screenman............/....2... 44 SUVGPRION 5 5 vncwnsacindeloesemeee 41 Stone sharpener.......]........| . 45 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. iF Ground-u:ood presses. * * [The head pressman shall be classified according to the normal capacity of press of which he has charge. Any position in this section other than those shown, which are made necessary by special condi- tions at any of the mills of these companies, shall be brought to the attention of the joint committee and arate shall be fixed which will correspond with the duties of the position.] : Rate No. Occupation name. Class. | per hour (cents). Dy carts Head pressman........ Al 44 B2 46 “C3 48 D4 50 deceawes Pressman........--.-.. edie wil 42 Beeaesss Deckerman.........-..|........ 42 Acid plant. [The acid maker shall be classified according to the normal production of the sulphite mill.] © ~ : Rate No. Occupation name. Class. | per hour | (cents). Tesscccs Sul hite burner.......!... ere 42 DeeGes Acid maker............! 1 47 2 48 3 49 4 50 Sameeese Limo Slacker... 520.0222 esnce 43 bo sealer Lime handler. z 40 ee Towerman.......-....)...c0005 38 Digesters. _ [Cooks and first helpers shall be classified accord- ing to the normal production of the sulphite mill. There shall be one cook per shift in each mill.] Rate per hour (cents). - No. Occupation name. Class. Lecssase 1st helper.............. Ayo Pomkbabp NA CUR ON HNO OE NE & 3. 3) 2d ODOR aoc aiesiciscisiclac| cemescne 43 Blow pit man......... Sulphite screens. Rate per hour (cents). No. Occupation name. Class. gsxr 44 Waste handler.........]........ 41 MANUFACTURERS OF NEWSPRINT PAPER. Sulphite presses. (The head pressman shall be classified according to the normal production of the sulphite mill.] Rate per hour (cents). | No. Occupation name. Class. Head pressman........ Hoagsdabp ONO rONe & Beaters. {The head beaterman shall be classified according to the normal production of the paper mill.] Rate per hour (cents). No. Occupation name. Class. Head beaterman....... AaHoapbomb> me § PODCONOURWHE a 3 Beaterman.........-.. Clay and size man Paper machines. : Fourdrinier machines making water-finish paper with twostacks of calenders shall pay machine tenders, second hands, and third hands two (2) cents per hour, and with three stacks of calenders three (3) cents per hour, above the following rates. Fourdrinier machines making dry-finish paper with two stacks of calenders shall pay machine tenders, second hands, and third hands one (1) cent per hour more than they do on re; ular news machines. This does not apply to machines mak- ing mill wrappers. achines running permanently on wrapping pay (mill weap) ball pay machine tenders and back tenders two (2) cents per hour less than the following rates. : : Hu Cynder machines shall he classified according to the width of wire on cylinder mold, instead of width of couch.] First | Second | Third hand, | hand, | hand, Occupation Class. | rate per] rate per|rate per name. hour | hour | hour (cents).) (cents).| (cents.) Machine tender. 157 Paper machines——Continued. aoe second cau Occupation aly and, | Hand, ie Class. |rate per] rate per| rate per name: hour | hour | hour (cents).| (cents).| (cents). Machine tender.| E 5 63 48 44 F 6 64 49 44 G7 65 50 45 H 8 66 51 45 19 67 52 46 J 10 68 53 46 Kill 69 54 47 L 12 70 55 47 M 13 7h 56 48% NU 724 Tk 48 O15 74 59 50 P16 75} 61 50 Qi7 17 63 514 R 18 78h 634 514 $19 80 65 53 T 20 815 | 664 V2, sy] 69 69: 54h W 23 7 56 X24 87} 723 56 Y 25 89 4 57} Z 26 904 75k 574 Aa 27 92 77 59 Ba 28 94 79 59 Ca 29 96 81 61 Da 30 98 83, 61 Ea31| 100} 854 634 Fa 32 103 88 634 Ga 33 1053 903 66 Ha 34 108 93 66 Fourth hand, 42 cents; fifth hand, 41 cents; and ' sixth hand, 41 cents. Basis for classification for machine tenders, second hands and third hands, paper machines. Speed. Class. 0-200 200-300 | 300-400 | 400-450 From To | From To} From To| From To ASD ocese| (O00 60. losawaicecacimnansinns acwmcewni Bovcsec| 00 FO | 50 60 | acccceccc|escewecans CB. 52225 70 80} 60 70) 50 60}.......... D 70 80] 60 70 50 60 E 80 90] 70 80 60 70 F 90 100} 80 90 70 80 G 100 110} 90 100 80 H 110 120] 100 110 90 100 19 120 130} 110 120] 100 110 J10..... 140 150 | 130 140] 120 130] 110 120 Ki1....] 150 160 | 140 150] 130 140] 120 130 V8. e253 160 170] 150 160] 140 150] 130 140 M13....] 170 175 | 160 170| 150 160, 140 150 N 14....} 175 180] 170 175 | 160 170; 150 169 0 15.. 180 185 | 175 180| 170 175) 160 170 P16 170 175 Q17.; 175 180 R 18 180 185 $19. 185 190 T 20. 190 195 U 21. 195 200 V 22. 200 205 158 Basis for classification for machine tenders, second hands and_ third hands, paper machines—Concluded. 450-500 | 500-550 | 600-625 ae mimo td CONT S> per HaWnOHnOAE hy SI 170 175 175 180 180 185 185 190 199 195 195 200 200 205 725-750 | 750-775 | 775-800 | 800-825 M 13. 80° 60) [ees ecgeslinemceeee: [scccie ceed Nid...) 60 70) 50 60)........2.] 2.0.0.0... OD ease 80. P 16... Q 17 R18 $19. T 20... C21 V 22 W 2: X 2 Y¥ 25 Z 26. Aa Ba 28. Ca 29. Da 30 Ea 31 Fa, 32. Ga 33... CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. Finishing. [The head finisher shall be classified. according | to the normal production of the paper that he hag ' charge of finis ung If the mill makes sheets, the grade of the h finisher can be advanced one class. Sheet finishers, weighers, and head cutter men shalt be classified according to efficieney. ‘ Any position in this section other ‘than. those shown below, which are made necessary by special conditions at any of the mills of these companies, ' shall be brought to the attention of the joint com: mittee, and a rate shall be fixed which will corre- spond with the duties of the position.) Rate per hour (cents). No. Oecupation name. Class. Head finisher.......... mean OumoONe QP one Counter man........... Counter girl..... | Head cutter man...... Indoor miscellaneous. [The head. paper loader shall be classified sccord- ing to the normal production of the paper mill, The first oiler shall be classified according to duties and ability. Any positions im this section other than those shown below, which are made necessary by special | conditions at any of the mills of these companies, | shall be brought to the attention of the joint com- | mitteo, and a rate shalt he fixed which will cor- respond with the duties of the position.} Rate per No Occupation name. Class, | hour (cents). : eee Head paper loader..... . Al 42 B2 43 C8 4 D4 45 ES5 46 F6 47 : G7 48 Be ca Paper loader cccaskvawnlenaxenes 40 Soassd Stock handler......... 38 Reece | Weigher.......... 38 5.2.22. | Car man.......... 30 eed | Oil keeper... alossaecee 39 i eweil P BLS OLE a cice cen sewn Al al B2 42 C3 43 MANUFACTURERS OF NEWSPRINT PAPER. Indoor Miscellaneous—Concluded. 159 Steam plant. | ay 3 Rate Rate No. | Occupation name. Class. |perhour| No. Oceupation name. Class. | per hour (cents). cents). 39 @ | 2. |e m3 neemenseccsalecesceee) 89] Be ngine oiler...........[.......- 42 Sunday watch i fssavckatevecais 41 (time and a half). ZF Elevator man..... 38 3......| Dynamo man (classed Al 43 Felt man....... 38 " by capacity in kilo- B2 44 -| First core cleaner . 39 tts of dyn Cc Core cleaner..... 38 Bees hey naa D 2 ‘6 -| Stock saver............{.. 38 E 5 a First power-house man.|........ 57 : F6 48 Wc wor Head Bremon wee ecaroeeusl 50 of 10.or more boilers). Outdoor miscellaneous. 5... Tae rata ee aneneesy 0 [The first laborer shall be classified according to Charge of less than 5 |........ s the importance of the position. botlers:. Any Positions in this section other than those | 5------| Coal (or oil) fireman...|........ a5 shown below, which are made necessary by special Tenses 6 conditions at any of the mills of these companies, 8.....- a2 shall be brought to the attention of the joint com- a Smee -2 mittee, and a rate shall be fixed which ‘will corre- | 19------ ae spon with thz duties of the position.} Lee... 45 Rate Class. | per hour tomate). Occupation name. Teamster Lahorer............--.- Gate keeper.........-.- Repairs. [Head repair men shall be classified according to the number of repair men in their crew, and all others in the repair section according to their efficiency.] Repair helper, Tate per our (cents). Head Tepair man,rate per hour (cents). Repair man,rate per hour (cents). Class. Steam plant. Rate er hour | (cents). Oceupation name. Class. Engineer (classed by indicated horse- power of engines). Boan> CRONE ov Zz moO => & Ree ore HOMES CWS STOssyOnP> rane a Screen plates. Rate per hour (cents). No. Occupation name. Class. Class, No. Occupation name. 1| Repdir man (screen plates). Haygtow> RODRNOORONE on e Aa pe 2 ae es helper (screen plates). Hod dod> BNO wne & 160 CHAP, V.—AWARDS OF NATIONAL WAR LABOR BOARD. Core machines. Rate | _| Rate No. Occupation name. per hour |} No. Occupation name. per hour (cents). (cents), 1 | First core maker........-..--.-.2+- 39 2!) COL MAKE 0d sate: seeetasiavensec 38 CROCKER, 2 Section. INTERPRETATION OF AWARD. July 26, 1918.] The International Paper Co. and its employees having failed to agree upon the interpretation of certain points in the award, the following report thereon has been prepared by Messrs. Guerin and Crocker: ° ‘ This section received from the group of employers and the labor group, in the form of a brief, their understanding of the board’s award of June 27, 1918. On section 1 of the award the labor group sets up the claim that as the award pertains to wages and hours of labor and general working conditions, the bonus paid by several companies, parties to the award, was wages; that it also was a part of the conditions of written or verbal agreement that was not disturbed nor in conflict with the award; and that the bonus that was paid up to the time of the making of the award should be con- tinued as an addition to the minimum wage scale and be added to the ten (10) cents an hour increase that every employee was to receive under the award. On this same section and question the employers claim thatit was the intent of the board to create astandard minimum wage rate as asubstitute for andin pice of various rates and forms of compensation that the employers had been paying heretofore; that the rates of the award are in fact minimum wage rates to be extended as to the classi- fications; that in the payment of back wages for the months of May and June, in com- pliance with the retroactive feature of the award made, such payment of bonuses should be deducted from the amount of money due the employees for their retroactive wages; that the bonuses paid during the period of the hearings were in fact wages. The section decides that if the bonus paid over and above the wage scale agreed to by employers and employees was a voluntary contribution to the men on the part of the companies, and in making this contribution or bonus the employers stated that it was to continue until further notice, the workmen are not entitled to the bonus in addition to the wage award made by the National War Labor Board unless the employers desire to continue it as a voluntary act as was done prior to this dispute arising. The section also finds on account of the notices posted by the employers that the bonus would continue until further notice, that they are morally bound to pay this bonus to the men until such notice is given to the men of the discontinuance, and that no part of the bonus shall be deducted from the wages of the men or the retroactive money that was earned and due the men by the award. ‘ In the question of the establishment of the minimum wage, it was the intent of the award that each and every man working in the paper mills of the companies who are parties to the award should receive an increase in wages of ten (10) cents an hour over the wages that were received May 1, 1918. The only exception to this rule is where the employees receive an increase of more than ten (10) cents an hour in order to bring their wages to the minimum provided for in the award. It was also the intention of the award that no employee should receive a reduction in his daily wages from what he was receiving on May 1, 1918, by the changing from nine (9) to eight (8) hours a day. In order that this may be clearly understood, it is hereby decided that in each and every case where the employee receives his ten (10) cents an hour on the hourly basis, if the total sum does not bring his daily wages for eight (8) hours to an amount as large as he formerly received for a nine-hour day, addi- tional payment must be made in order that his daily earnings shall not bé reduced in any case. ‘The question has been raised as to the lack of understanding of the duties of the com- mittees of employers and employees as provided for in the award, and how far they shduldgo. In defining this matter itis decided that the committees must hold a meet- ing and organize a permanent joint committee, making such rules as they deem neces- sary for the carrying on of their business. The duties of the joint committee shall be: _ 1. Tosee that each and every workman receives at least ten (10) cents per hour more in wages than he was receiving on May 1. 2. To draft the classification scalesin harmony with the classifications as set forth in theaward. After each employee receives the ten (10) cents an hour increase, the joint MANUFACTURERS OF NEWSPRINT PAPER. Z 161. committee shall put him in the classification to which that wage would rightfully bring him as a basic classification. After that is accomplished ,-any increase in wages to the individual workman which would cause reclassification may be de by the employer, provided notice of same is given to the joint committee. ai changes of classification after the men have received their increase in wages and have been classified by the joint committee can be taken up by the workmen and their super- intendents or employers; and any wages above the minimum agreed upon shall not be construed as @ violation of this award. 3. To see that all employers who are parties to this award shall file with the joint committee the name and description of the work each of the men in their plants was employed at on or before May 1, and the joint committee shall so classify the men that ve ideneisienison as employees performing similar work will have the same title in: mills. All grievances of any kind that men may have must first be taken up under existing rules, agreement, or regulations that were in effect prior to this saat In the case of the absence of any separate classifications—such as sulphur cooks, for example, in one mill receiving fifty (50) cents an hour, in another mill sixty (60) cents, and in another mill seventy (70) cents— the joint committee is empowered to establish a classification governing such cases, on the basis of the May wages with ten (10) cents an hour increase. In regard to section 3 (hours of labor) it is not intended that this ruling on overtime shall apply to tour workers, as there is no opportunity for tour workers to work overtime except as provided for in section 7; therefore they are not entitled topvertime except as provided for in sectioh 7. In regard to maximum wage, on the original schedule the word ‘‘maximum” in all cases was eliminated, and it is ruled that the award does not provide for a maximum in any case. It sets only the lowest or minimum wage. In regard to larger and faster machine schedules that did not appear on the first printed list, a list of minimum rates of wages on all machines is included in the schedule of rates of wages awarded. In regard to the question as to the interpretation of section 9, and the term ‘‘boss: machine tender,’’ when the boss machine tender is acting as foreman section 9 will alpply, but when he is working under a foreman then section 9 will not apply as to imiting his manual labor to only ten (10) per cent of his time. All other questions as set forth in this brief ask for interpretations that could not be considered by the board unless it would grant a reopening of the case. The quittin of the men in‘some of the paper mills is a direct violation of section 1 of the award, and no consideration of the question of reopening the case will be given by the board while any of the men are on strike or stop work. . T. M. Guerin, C. A. CROCKER, Section. INTERPRETATION OF TWO PARTICULARS OF SECTION 6 OF AWARD OF JUNE 27, 1918, IN RE EMPLOYEES VERSUS MANUFACTURERS OF NEWSPRINT PAPER. December 19, 1918.] 1. That the “Government statistics” [as to the increased cost of living] referred to in section 6 of the award in the case of the employees versus manufacturers of news- print paper shall be such statistics compiled by the Department of Labor as, in the judgment of the Commissioner of Labor Statistics of said department, are most fairly applicable to the case. : ; 2. That the changes in wages, if any, under section 6 of the award shall be applied in the form of a percentage corresponding with the percentage of increase or decrease shown by the statistics referred to in said section. DECISION OF THE UMPIRE IN RE EMPLOYEES VERSUS MANUFAC- TURERS OF NEWSPRINT PAPER. January 28, 1919.] On June 27, 1918, the National War Labor Board made and promulgated its decision and award in this case. The award became effective as of May 1, 1918. The Inter- national Paper Co., one of the employers involved, failed to agree with its employees on theinterpretation of certain provisions of the award, and a request was made to the National War Labor Board to construe the language of the award on the mooted points. 42663°—21—— 11 162 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. The matter of such construction was by the board referred to the section which had previously conducted the case. The members of the section differed in their views as to the propgr construction to be given certain features of the award, and the National War Labor Board also being unable to agree, the whole matter of the construction of the award was referred to the undersigned as umpire. : : A hearing was duly had before the undersigned on January 21, 1919, at which Messrs. Crocker and Guerin presented their respective views as to the ee construction of the award and submitted data pertaining therete. And now, having heard and considered the matter presented, I find and report as follows: 1. I decide that the provision of the award adopting a basic 8-hour day inside the mill and a 9-hour day for employees regularly working outside the mill, with time and a half for overtime, was not intended and shall not be construed to reduce the. daily earnings of any employee, on the new basis, below the wage which he received in the same work for the longer basie day on May 1, 1918, and this change of the basic day shall be deemed effective as of May 1, 1918, for the purpose of computing the wages accruing since that date. The provision for pay for overtime since May 1, 1918, applies to tour workers as weil as to the other employees. The provisions of section 7 of the award are wholly prospective in their operation. 2. I further find and decide that the general increase of wages awarded under section 5 of the award of the board is based upon the schedule of October 21, 1917, attached to the award; that the increase shall be effective as of May 1, 1918, and shall be computed on the basis of the schedule. I further find that the increased wages so established, on the basis of the schedule referred to, are minimum wages for the classifications therein provided, and that where manufacturers had paid wages equal to minimum so established such payment shall be deemed a compliance with the award. The award of the National War Labor Board neither deals with nor recognizes bonuses, or other forms of gratuities, as constituting part of the minimum wage scale ~ adopted as the basis for establishing uniform wages for the classifications enumerated in the mills. Any bonus or gratuity paid by the International Paper Co. or by any other mill shall be wholly disregarded in the computation of the arrears of wages accruing to employees under the award. 3. Thesection of the board which has had charge of this case agree upon the following statement and recommendations,’ in which I concur, and I adopt them as part of my decision, viz: The question has been raised as to the lack of understanding the duties of the com- mittees of employers and employees as provided for in the award, and how far they should go. In defining this matter it is decided that the committees must hold a meeting and organize a permanent joint committee, making such rules as they deem ey for the carrying on of their business. The duties of the joint committee shall be: 1. To see that each and every workman receives at least ten (10) cents per hour more in wages than the amount specified in the schedule. 2. To draft the classification scales in harmony with the classifications as set forth in the award. After each employee receives the ten (10)cents an hour increase, the joint committee shall put him in the classification to which that wage would rightfully bring him as a basic classification. After that is accomplished any increase in wa, to the individual workman which would cause reclassification may be made by the employer, provided notice of same is given to the joint committee. All changes of classification after the men have received their increase in wages and have been classified by the joint committee can be taken up by the workmen and their superin- tendents or employers, and any wages above the minimum agreed upon shall not be construed as a violation of this award. . 3. To see that all employers who are parties to this award shall file with the joint committee the name and description of the work each of the men in their plants was employed at on or before May 1, and the joint committee shall so classify the men that oe aenneeen as employees performing similar work will have the same title in all mills. All grievances of any kind that men may have must first be taken up under existing rules, agreement, or regulations that were 1n effect prior to this award. In the absence of any separate classifications—such as sulphur cooks, for example, in one mil! receiving fifty (50) cents an hour, in another mill sixty (60) cents, and in another mill seventy (70) cents—the joint committee is empowered to establish a classification governing such cases, on the basis of the May wages with ten (10) cents an hour increase. 8 See interpretation of Section, July 26, 1918, printed with the original award. MANUFACTURERS OF NEWSPRINT PAPER, 163 In regard to maximum wage, on the original schedule the word ‘‘maximum ” in all cases was eliminated, and it is ruled that the award does not provide for a maximum in any case. It sets only the lowest or minimum waze. : In rand to 1 and faster machine schedules that did not appear on the first printed list, a list of minimum rates of wages on all machines is included in the schedule of rates of wages awarded. : In regard to the question as to the interpretation of section 9 and the term “boss machine tender,’’ when the boss machine tender is acting as foreman section 9 will apply, but when he is working under a foreman, then section 9 will not apply as to limiting his manual labor to only ten (10) per cent of histime. — Joun Linn, Umpire. SUPPLEMENTARY RULING IN RE EMPLOYEES v. MANUFACTURERS OF NEWSPRINT PAPER. May 28, 1919.] The board rules that a tour worker is that class of workman who is engaged on work in a paper mill or plant which work is continuous for 24 hours a day, and the tour worker works for his regular workday 8 hours, with 16 hours off, or, in other words, the work is of such a nature that the 24 hours’ continuous operation is divided into three shifts of 8 hours each. A day worker is a person that is not engaged in a continuous operation. The board rules that the meaning of Umpire John Lind’s award is that every tour worker who worked more than 8 hours in any 24 hours from May 1, 1918, up until the original award was made by this board is entitled to back pay for every such hour of overtime that he has worked, at a rate of time and one-half; if the employer has paid him straight time for time worked over 8 hours, then he owes him half time for every hour over the 8 hours he has worked. The board also rules that all day workers to whom was granted the 8-hour workday by the award of this board, are entitled to time and one-half pay at the new rate a, awarded by this board, for all time worked beyond 8 hours in any 24 hours, from May. 1s 1918. Decision of the Umpire in re International Association of Machinists, Local No. 818, v. Wheeling Mold & Foundry Co., Wheeling, W. Va. 87a. October 30, 1918. The National War Labor Board having agreed to submit to the undersigned for his determination as umpire one single question, and that only, as follows: Should the National War Labor Board render a decision granting the demand of the machinists of the Wheeling (West Va.) Mold & Foundry Co. for a basic 8-hour day, with time and one-half for overtime and double time Sundays and legal holidays? I, the said Henry Ford, do hereby answer the said question, Yes. } have reviewed the arguments and have given the question due thought and consideration, and have come to the conclusion stated, but do not deem it necessary to give my reasons unless your honorable board shall express a desire for the same. But I can not refrain from expressing my very deep conviction that the straight 8-hour day is much better practice than the so-called ‘‘8-hour basic day’? where the latter is continually and almost uniformly being practically exceeded in the number of working hours. ; ‘My experience, and also my reason, teaches me that very few emergencies ever exist in a manufacturing business justifying the practice of exceeding 8 working hours per day. The strain of 8 hours is enough, and the hours should never be increased except under the most extraordinary circumstances. I can not dwell too much on this. For the good of the men, for the good of the employer, and for the general results, I would admonish those interested to adhere to the straight 8-hour day. Respectfully submitted. : . Henry Forp, Umpire. 164 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. Award in re Molders v. Wheeling Mold & Foundry Co., Wheeling, W. Va. 37b. September 16, 1918. This case has been submitted to the board upon a proposed agreement to be entered into between the members of Local Union No. 364, International Molders’ Union of North America, and the foundrymen of Wheeling and vicinity. First. That 8 hours constitute a day’s work for all molders and coremakers. Second. That the wage rate be $6.50 for the basic 8-hour working day. Third. That all overtime shall be paid for at the rate of time and one-half. Fourth. That Sundays and legal holidays, as provided for in the constitution of the International Molders’ Union of North America (viz, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas, and New Year’s Day), be paid for at the rate of double time. : The only controversy presented is as to the meaning of paragraph 1. ae It is clear that that paragraph standing alone would mean the 8-hour working day beyond which the pore can not be required or permitted to work. Upon the principle that the whole of an agreement should be construed together, so that no part shall be invalid, section 2 can not be held as substituting a basic 8-hour day for the actual 8-hour day provided by section 1. It is not reasonable to ee that the employees having agreed upon an 8-hour day, should by the next rule repeal it by - substituting a 10 or 12 hour day for extra compensation. The basic 8-hour rule is not an 8-hour day at all, but simply a wage agreement. If. the 8-hour day is extended to 10 hours, then the 50 per cent added pay for the two extra hours in effect is an agreement to pay 11 hours’ wages for 10 hours’ work, an increase of 10 per cent. It was doubtless thought that the extra 50 per cent for the extra hours would discourage requiring extra hours, but this has not been the result in all cases, for in some plants 10 hours from day to.day, every day, has been exacted, and in others even 13 hours a day has been: known to be required. The object of the 8-hour lawis to protect the health and lengthen the lives of employees, which would be seriously com- promised by an excessive length of the day’s‘work. ‘It has been seriously contended that the ‘‘ principles” adopted by this board deprive it of jurisdiction to enforce an actual 8-hour day. Those principles, however,:specify: that in all cases in which existing law does not require the basic 8-hour day, ‘‘the question of hours of labor shall be settled with due regard to governmental necessities and the welfare, health, and proper comfort of the workers.”’ President Wilson, in his address before a joint session of the two houses of Congress, August 29, 1916, said that ‘‘The whole spirit of the time and the preponderant evidence of recent economic experience spoke for the 8-hour day. It has been adjudged by the thought and experience of recent years a thing upon which society is justified in insist-' ing as in the interest of health, efficiency, contentment, and a general increase of cco- nomic vigor. The whole presumption of modern experience would, it seemed to me,: be in its favor, whether there was arbitration or not, and the debatable points to settle were those which arose out of the acceptance of the 8-hour day rather than those which affected its establishment. JI therefore proposed that the 8-hour day be adopted by the railroad managements and put into practice for the present as a substitute for the existing 10-hour basis of pay and service.”? And he recommended ‘the establishment of an 8-hour day as the legal basis alike of work and of wages in the employment of all railway employees who are actually engaged in the work of operating trains in interstate: transportation.’’ Congress enacted what is known as the “ Adamson Eight-Hour Law” in consequence. é Previous to that time the Federal 8-hour law, approved June 19, 1912, limited ‘the hours of daily service of laborers and mechanics employed upon work done for the United States, or for any Territory, or for the District of Columbia,”’ to 8 hours, and provided that no laborer or mechanic so employed should “‘be required or permitted to work more than 8 hours in any one ellen day upon such work?! ; Judge Alschuler, in his decision in the Packing House case, quotes the above ex- pression of the President, and says: ‘‘The public policy of the 8-hour workday has been given oft-repeated sanction by legislation in the majority of the States, as well as by Congress, through enactments of various kinds too numerous for specific mention,” . and quotes the unanimous report of the President’s mediation commission on January 9, 1918, which declared ‘‘The 8-hour day is an established policy of the country.” He further said: ‘‘The voluminous evidence adduced at the hearing in support of the contention for the 8-hour day is in the main logical and convincing, and it is partic- ularly to be noted that in so far as concerns the general rinciple of the 8-hour day no evidence to dispute it was presented. Indeed, on behalf of the employers it was repeatedly, openly, and frankly admitted that a workday shorter than the 10-hour day was desirable. On behalf of the employers and in the presence of their superinten- WHEELING MOLD & FOUNDRY: CO. 165. dents it was freely stated that they all believed in a shorter workday; that they had- said so, and that there was no room for argument about it.”’ There is a vast body of experience that a 10-hour day shortens the lives of the employees, injures their health, and that in point of production there is an increase by the substitution of 8 hours for a longer period. Even if this were not true as to one day, the accumulated fatigue of working more than 8 hours for a series of days reduces the production below the quantity produced by strict adherence to that limit. Especially is thisso as to the molder’s occupation, the life of whom, working 9 or 10 hours per dzy, subject to the heat and noxious fumes, is said to average not more than 14years. 1n work of this kind there can be no doubt that greater production will be had by the working of an 8-hour day than by working 9 or 10 hours. : Itis not conclusive, though a subject for consideration, that the majority of the other. shops in Wheeling and vicinity are working on a 9-hour basis. All betterment has. come by improving conditions, and not continuing them when bad. Improving con- ditions is the object of this proceeding. ; ; The subject of an 8-hour day is not new, but has been discussed by the general public by writers,and publicmen and governmental officials for many years. The first act: for an 8-hour day was passed by Congress in June, 1868, and provided ‘Eight hours shall constitute a day’s work for all laborers, workmen, and mechanics who may be employed by or on behalf of the Government of the United States.”’ This act proved: ineffective because, for some reason, Congress had failed to impose any penalty for vio- lation of the act. More effective laws on the subject were passed and were approved August 1, 1892, June 19, 1912, and in the amendment to the naval appropriation bill, approved May 3,1917. The latter amended the statute which had authorized the President to suspend the 8-hour law ‘“‘whenever Government necessity required it,”’ by providing that while the President in an emergency could suspend the 8-hour day in such case, the basic 8-hour day should obtain and overtime should be paid for at not Jess than time and one-half. Since that time the President has acted in conformity with the act, but his suspen- sion applies only to the prohibition of working more than 8 hours, and does not require it. Itisstill open to the employees to decline to work longer than 8 hours, and in event ot a difference with their employers to submit the matter to the National War Labor oard, The railroad employees, from coast to coast, nearly 500,000 in number, are now oper- ating on the basis of die 8-hour day. The same is true of the coal-mining industry, the packing industry, the newsprint industry, the garment industry, in Government construction, and in the lumber mills and sawmills of the great Northwest. : It may be that there are industries where it is still necessary to use a longer workday, than 8 hours during the duration of the war, but it does not seem, in consideration of the conditions, that more than 8 hours should be exacted in the work that a molder. has to perform. : : Itis the-concensus, as President Wilson stated, of students of the subject that the. maximum production is to be had by the adoption of the 8-hour day,.and that the preservation of the health and the lives of the employees will be promoted by that limitation. se. . 3 The employers have, as a rule, patriotically given full aid to the prosecution of the: war by placing their splendid plants and their highly skilled chiefs at the service of the’ Government. The employees, asa rule, have also, with the same patriotism, yielded, the 8-hour limitation wherever it has been necessary to speed up production for the Government. The former have received great increase in profit. The latter have contributed an increase in the hours of labor, and vast numbers of men to fill our armies. The former have received from the Government; the latter have given to it., They should not be asked to do so beyond the necessity of the occasion. . The ‘‘ Census of Manufactures’’ for 1914, page 482, shows more than 7,000,000 indus-, trial employees, of whom not more than 12 per cent were under the 8-hour day. This number has since been increased considerably, but not as rapidly as would have been the case but for the emergency of the war. Statistics also show that while Australia. and New Zealand have frankly adopted the 8-hour-day limit in all their industries, in this country the average is still above that figure. This is largely due to the fact: thatin the southern mill industry the limtis still 60 hours per week and in the northern mills 54 hours. : ‘ This, however, is no reason why more than 8 hoursshould be qe of the molders, whose trade exacts greater fatigue and exposure to noxious and dangerous fumes. That the country has not yet reached the 8-hour day in all cases is no reason why in this case it should not be upheld Indeed it may be well considered that as the world and especially all free countries are ‘“‘on their way’’ to the adoption of the 8-hour law, might it not be for the interests of the employers frankly to accept it, and avoid: the constant struggle for its attainment by settling the question, once for all. ° 166 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. When industries were on a small scale and the employer and the employee worked together, face to face, the feliow-servant doctrine was created by the courts which exempted the employer from liability for injury inflicted upon an employee by the negligence of his fellow servant, upon the ground that the servant contracted with a: knowledge of the character of his coemployees. This became absurd when there were thousands of employees engaged in the same employment, but it has required statute after statute to change the judge-made law which had exempted the employer. In like manner, until very recently, and until changed by statute, the courts held that if an employee contributed in any degree by his own negligence to the injuries he sustained, he could not recover. For this there has now been substituted by an enlightened statute the provision that the damage shall be apportioned, and that the business shall bear part at least of the loss and the crippled employee shall not bear it all, or his destitute wife and children, in case of his death. For the same reason an employee, one of many thousands, is unable to contract on equal terms, either as to hours of labor, or rate of wages, or proper sanitation, with the employers of vast numbers of men. The law must step in and require protection in these particulars of its citizens against injury to their health, or shortening of their lives by the fatigue of excessive hours, inadequate wages, and lack of sanitary provisions. By the introduction of machinery and numerous inventions production has been increased many fold, in some cases a thousandfold. It is not just that the profit accruing therefrom shall go to the employers alone, without the employees receiving a fair share of the vastly increased profits. In Pressly v. Yarn Mall (138 N. C. 424) it was said by this writer: The law is not fossilized. Itisa growth. It grows more just with the growing humanity of the age, and broadens ‘‘with the process ofthesuns’? * * *. Labor is the basis of civilization. Let it withhold its hand, and the forests return and grass grows in the silent streets. Not so long since, in England, Jabor unions were indictable as conspiracies. The wages of laborers were fixed by officers appointed by capital, and it was indictable for a laborer to ask or receive more. There was no requirement that employers should furnish safe appliances, no limitations as to hours of labor, no age limit. With the era of more just legisla- tion in this country and England, and elsewhere, shortening the hours of labor, forbidding child labor, ze sinria sanitary provisions, and safe appliances, labor has been encouraged, and the progress of the world in a few years has more than equaled that of all the centuries that are dead. Justice to the laborer has been to the profit of the employer. The courts should not be less just than the laws. While an 8-hour day is stipulated for in paragraph 1 of the agreement, there are emergencies likely to occur when for a brief period that limit may be exceeded. But the protection of the 8-hour day will amount to nothing if it rests with the employer alone to declare the emergency. The 50 per cent allowed for overtime is too small a penalty in view of great profits that may arise. It is true that what is ‘‘an emer- gency’’ can be and has been defined. Still it rests with the employer to declare that the facts place the demand within the definition of an emergency. Such emergencies can ordinarily be. met by the adoption of the three-shift system or an increase in machinery. It is better that the machinery should be worn out than the bodies of the employees. Man passes through this world but once, and he is entitled, in the language of the great Declaration, to some ‘‘ enjoyment of life, liberty, and the pursuit of happiness.” : It has been suggested, as some protection against the abuse of constantly exceeding the limitation of hours by the employer declaring in his judgment an ‘‘ emergency’ to exist, that such extra daysshould be limited to three daysin the week. This would only be a very partial remedy, for if the employee is overworked three days in the week his product will not only fall off during those days, but also during the remaining days of the week. A better plan would seem to be a provision that the employer shall appoint a standing committee of two and the employees a similar committee of two, and as the burden of establishing an emergency is upon those who assert it, the 8-hour limitation should not be exceeded unless at least three members of the jomt committee of four agree that there is an emergency justifying working overtime. This would avoid also the objection that if there was only one member of the com- Inittee on each side factious opposition by the representative of labor might prevent operation even when there was an emergency requiring it. F For these reasons the following is ' THEe AWARD. - Hours.—The molders employed by the Wheeling Mold & Foundry Co., at Wheeling, W. Va., shall not be required or permitted to work more than 8 hours within any day WHEELING MOLD & FOUNDRY CO. 167 of 24 hours, except in cases of emergency, and then under the following terms and conditions: (a) Overtime work shall be paid for at the rate of time and one-half for all hours worked in excess of 8 hours, with double time for Sundays and holidays. _(b) The question whether or not-an emergency exists, together with the length of time over which such emergency may extend, and the number of extra hours per day, cele Reload by agreement between the management and the working molders in the shop. (c) For the purpose of effectuating the agreement mentioned in paragraph b, a per- manent committee of four persons is hereby created, two of whom shall be designated by the management of the plant and two by the working molders in the shop, the assent of at least three of whom shall be necessary for permission to work more than 8 hours in any day of 24 hours. Interpretation of award—For the purpose of securing a proper interpretation of this award, the secretary of the National War Labor Board shall appoint an examiner, who shall hear any difference arising in respect to the award between the parties and promptly render his decision, from which an appeal may be taken by either party to the National War Labor Board. Pending such appeal, the decision of the examiner shall be binding. : Water CiarK, Umpire. MOTION FOR NONCONFIRMATION OF UMPIRE’S DECISION. [September 25, 1918.] NationaL War Lagor Boarp: Now comes the Wheeling Mold & Foundry Co., one of the parties in the above case, and moves your honorable board that the decision of the Hon. Walter Clark, the umpire selected by your board to review and decide the issues between the parties herein, be not confirmed, adopted, or put into operation by your board for the fol- lowing reasons: 1. It appears from the submission of the parties herein and the files and records of the case that the issues mutually submitted to your honorable board by the parties hereto were not considered, passed upon, or decided by the said umpire. 2. Itfurther appears that the decision of the said umpire is based wholly and entirely upon a mistake in fact, namely, that there is an existing agreement between the parties hereto which provides for an 8-hour day and a wage rate of $6.50 per day, and that the question between the parties relates to the proper interpretation of such agree- ment, whereas and as a matter of fact no such agreement exists, the issue between the parties being whether or not the demand of the Iron Molders’ Union for such an agreement be granted. : . 3. Because the issues submitted to your board by the parties hereto are not decided by the umpire, and because his said decision is based upon a misconception of fact as to the matter at issue, it would be inequitable and against the proper rights of this com- pany under the submission for the decision of the said umpire to be given effect and put into operation by your honorable board. : : Waeeune Moip & Founpry Co., By Watter Drew, Counsel. RULING OF UMPIRE ON PETITION TO REHEAR. October 5, 1918.] : This is a, petition to rehear the decision of the board in this case, filed September 16, 1918. The chief ground urged is that the agreement passed upon had not been actually adopted by the parties. . Jt is true it was a proposed agreement, but the argument on both sides presented the question whether the agreement, if adopted, would mean an actual 8-hour day ora basic 8-hour day. If it was the former it was acceptable to the plaintiffs, the em- ployees. If it meant the latter it would be accepted by the defendant company and imposed upon the workers. . ; a The case was thoroughly argued by both sides with great force and ability, and the points at issue were clearly understood by the board and the umpire. Upon hearing the case, the decision was that an actual 8-hour day should be adopted, and as a rotection against overtime ‘‘on emergencies” it was ordered that nothing should be . held an emergency unless so declared by three votes on a joint board ‘to consist of two members to be selected by the employers and two by the employees. 168 CHAP. V.—-AWARDS OF NATIONAL WAR LABOR BOARD. On a full and careful review of the arguments then made, and the questions presented by the petition to rehear, the opinion and award heretobefore made are in every respect confirmed. ; ; one Soon after this opinion and decision of the board had been rendered, and possibly in consequence of it, the great United States Steel Corporation, with 300,000 employees, adopted the 8-hour law, and other companies are doing the same. By reason of its position as a great financial and progressive institution, the action of the United States Steel Corporation marks a distinct advance toward the universal adoption of the 8-hour day, especially if there shall go with it the provision of the award in this case that there shall be no evasion of the ‘‘8-hour day” upon the declaration by the em- ployer alone of emergency, but the emergency shall be declared by a Ce of the joint board appointed by the employers and employees as stated in the award in this case. Long since Mr. Henry Ford, another progressive and successful employer of large bodies of men, adopted voluntarily the 8-hour day, which is the end toward which industry is inevitably and irresistibly moving, by reason of it being justice to the employees and no less to the real interests of the employers and managers Of our great industries. The motion to rehear is overruled. WALTER CxiaRK, Umpire. Findings in re Employees v. Frick Co., Emerson-Brantingham Co., Landis Tool Co., Landis Machine Co., Bostwick-Lyons Bronze Co., Shearer Ma- chine Co., Victor Tool Co., and Cashman Tool Co., all of Waynesboro, Pa. 40. July 11, 1918. he decision of the National War Labor Board in the Waynesboro controversy is. as follows: od Hours.—The number of working hours shall be the same as at present. The board hereby announces that it has under consideration the matter of the deter- mination of the proper working day and the decision here made will be subject to modificaton when and as the board comes to a determination in that regard. Overtime.—That time and one-half for ordinary overtime and double time for Sun- days and those holidays fixed by the statutes of Pennsylvania be granted. Committecs.—That the employers shall meet with committees of their own men in the various shops. : Pay days.—That pay days shall be once per week on companies’ time and no more than three days’ pay shall be retained. Discrimination and coercion.—That there shall be no discrimination against union men, and that the union shall not be permitted to use coercive means to obtain their objects in any event. sey : Wages.—The minimum rates of pay to be as shown below, the lowest rate in no case to be below 40 cents per hour: ‘ ae per ‘ our. - Toolmakers, diemakers, jigmakers, gaugemakers, and bench tool machinists...... daidianncleges ss ea a siden aeuags «ca weestibege see 4 sineis's 60 Journeymen machinists, at least four years’ experience. ........... 55 Specialists, more than three VORISciswucwns sos savas s See wcines 50 Specialists, more than two yeals..........-.... 0 eee cece eee ee ectee es 45 Specialists, under two years.......-.- 2.220.222 cece cece eee eee ees 40 Maintenance men, on maintenance repairs.............. ad dacvaaee 45 Maintenance men, repairing belts or oiling......................-- 40: Acetylene welders, first six months...... Bis tisists Se « gidteishaalaiareta ve woueyeS 45 Acetylene welders, over six months ......-.... 20.2220. cece eee ee 50 Men on cut-off saw, crane operators, tool crib, and storeroom........ 40 Machinists” helpers ss .wi2. sc cistaxieswise da4 omeueeeears's 6 .etenewn 40 Patternmakersseccnsscesncesetee te¥ e424 See awiin es oo Sines 8 045 65. Tronmolders‘and coremakers........--...-2.-.02.0 cs cece cece ee eeee 65 Blacksmiths, heavy forgers, tool dressers, drop forgers, and wheel WU erG ie scic sisitvcctssramursiereios Sad Saraeher aiken aes eos eames "ecw 65 Blacksmiths’ helpers............- adie ehtieistg's oc acietischeleaaa 45 Bowlermakers ic. 2. .sijascecscetet bi heaawuas aoe evctineeaees chenien 60- Boilermakers’ helpers. ....-.---.--- 2-2-0222 0 cece cece cece cee eeeee 45 - NORTHERN INDIANA GAS & ELECTRIC CO. 169. Cents p: : es hour. Boilermaker specialists (such as operators of punches, planers, drill PTESsEs,/SNEATS;. CLC) erence ts. sievarory oe sue Geis cis cisesssevasovermemidacameiaiorersic 55 Carpenters.and joiners, bench hands, cabinetmakers, millwrights, and woodworking machine hands..............22..22eeeeeeeeaeee Painters, plumbers, sheet-metal workers, electricians, brick and stone masons, and other miscellaneous mechanics: Over 4 years’ experience...........200-- 200. e eee e ee eee atedehte 60 | _ Under 4 years’ experience.........2 202.2022 cece eee eee eee 50 Cupola tenders............ Sas is SrceaSie land pat nese tebedeneicieh dat aeoian alamtieetele 40... _ Engineers, yard and shifting.._.........-.0...02 0002.2 eee eee -.. 50. Wie 0 MCI loss a gercianatuteg orsrct nol tierra ean ayaa seaaemIiee 40 Firemen, brakemen, and chauffeurs.....-.......2.0.0000ceeeee ye 45 Storeroom and stockroom clerks, attendants, and timekeeping ACbEN ATG s wjain\eareimriwel cre watlnrateiaty wa ecw Heenan ar aac vaucaiaes 5 Helpers anda borers’. scceus aie xase aay sverawineteete icles. !6 Haida aichdsane Slasie 40 Hammermen in cleaning rooms..........-.--.-2--20-02eeeeeeeeeee 40 The board hereby announces that it has now under consideration the matter of the determination of the living wage, which under its principles must be the mini- mum rate of wage which will permit the worker and his Jemtily to subsist in reasonable health and comfort. That in respect ta the minimum established by this finding it shall be understood that it shall be subject to readjustment to conform to the board’s decision when and as a determination shall be reached in that regard. Apprentices.—That apprentices be oo an opportunity to learn a trade under circumstances as to character of work and compensation as may be agreed upon between committees of the men and their employers. Piece and premium work.—That the request of the employees to the effect that all Piecework and premium work be abolished be denied. Depression.—That in case of depression, hours be reduced before men are laid off. Supervision of award.—That for the purpose of carrying out the award of the board, the board retain jurisdiction over the Waynesboro case, acting through the section of the board already appointed on the case or through an examiner directed by the secretary to see that the award is put in force and becomes effective. Retroactive date—That the award of this board shall be retroactive as of May 28, 1918. Frepvericx N. Jupson, Frank P. Watsu, Joint Chairmen. Award in re International Brotherhood of Electrical Workers of America v. Northern Indiana Gas & Electric Co., Hammond, Ind. 45. November 22, 1918. In the case of the International Brotherhood of Electrical Workers versus the: Northern Indiana Gas & Electric Co. at Hammond, Ind., which the parties in contro- versy jointly submitted for adjudication, the National War Labor Board makes the following award: Wages.—All linemen employed by this company shall receive 70 cents per hour and the wages of the other employees shall be increased in the same proportion. Wages shall be paid weekly, at noon on Saturday. : When workers are called out after midnight, each worker so called cut shall receive at least four hours’ pay for each call. ‘ Retroactive pay.—This increase in wages shall he retroactive to June 4, 1918. The company shall have until January 1, 1919, to make the payment of the back wages herein provided for. Hours of labor.—There shall be no change in the hours of labor. Protection for workers.—The demands of the workers (a) that the company shall furnish the necessary rubber appliances to protect them in cases of high voltage in excess of 550 volts, and (b) that the company shall furnish rubber coats and boots to workers in inclement weather, are granted, and the company is hereby directed to comply with this order. : Demands denied.—The demands of the workers for an order to provide (a) that free meals be furnished the workers held after regular hours, (b) that there be no penaliza- tion of workers in bad weather, and (c) that foremen on jobs benot allowed to use tools, are denied, for the obvious reasons that the increase of wages and pay for overtime herein granted amply compensate the workers for the inconveniences suggested in clauses (a) and (b), and, with reference to clause (c), that such a demand is incon- 170 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD, sistent with the times and unreasonable in view of the present necessity for the fullest possible utilization of the forces of production. . . Administration of award.—For the purpose of securing a ae interpretation of this award the secretary of the National War Labor Board shall appoint an examiner, who shall hear any difference arising in respect to the award between the parties and promptly render his decision, from which an ope may be taken by eit. et party to the arbitrators making this award. Pending a decision on such appeal the decision of the examiner shall be binding. Period of award.—This award shall continue during the continuance of the war except that either party may reopen the case before the board on May 1, 1919, and at intervals of six months thereafter, for such readjustments as changed conditions may render necessary. 3 Wn. H. Tart, Frank P. Watsn, . Joint Chairmen. Award in re Employees v. National Refining Co., Coffeyville, Kans, 97. August 28, 1918. On July 31, 1918, W. A. Parranto, J. C. Greathouse, and F. Balitz, representing— Brotherhood of Boiler Makers, Iron Ship Builders & Helpers of America. International Association of Machinists. International Brotherhood of Blacksmiths. Oil Refinery Workers Union No. 15184, of Coffeyville, Kans. Coopers’ International Union of North America. Brotherhood of Railway Carmen of America, Local No. 55 (Coffeyville, Kans.), filed complaint against the National Refining Co. at Coffeyville, Kans., giving as their grievances, these: ; . Repudiation of contracts between company and employees. Discrimination against union employees. Refusal of company to meet or treat with committee of employees. Basic eight-hour day. Overtime-rates. Seniority rights of employee. Increase in wages to provide living-wage scale and meet living conditions in that territory. ~ Travel expenses and allowances for men away from home while on road and treatment of men while on road. Definition and classification of work. Demand dor improved sanitary conditions. Demand for minimum-wage scale. Prior to the 21st of May, 1918, the unions above specified had an agreement with the National Refining Co., signed by Setzler,.its superintendent. Setzler’s employers claim he had no right to bind them. He says the same. At any rate the National Refining Co. repudiates the agreement Setzler signed. : - Three conciliators, including W. H. Rogers, of the committee of conciliators for the Department of Labor, had attempted to compose the differences at Coffeyville without success. The workers struck May 21, 1918. On May 23 another conciliator likewise failed to bring the workers and employers into accord, because at that time the National Refining Co. refused his offer to serve as mediator. July 3, 1918, Alpheus Winter, examiner for the National War Labor Board, went to Coffeyville, but: was unable to straighten the matter out. The men whostruck claim that they were willing to return to work but their places had been filled. They are now willing to return to work. . At the close of the hearing, we asked both sides to submit briefs, and they have done so. No question was raised as to the jurisdiction of this board, both sides con- senting to abide by its decisions. : / The company claims that the definition of ‘‘shift men” is contained in paragraph 2 of the ‘‘understandings” contained in its Exhibit A, and that they embrace: ‘Men engaged in regular shift work which the necessities of the industry require to be done seven days per week,’’ The complainants on page 11 of the minutes claim that nobody except stillmen and their two helpers are shift men. The complainants on page 12 of the minutes claim that the boiler firemen are not shift men, but the company claims that boiler firemen are shift men. In their brief (on p. 7) the complainants list the following employees NATIONAL REFINING CO. COFFEYVILLE, KANS. 171 as shift men who ‘waive the right of overtime on Sundays and legal holidays but request overtime be paid for all work performed in excess of the basic work day’’: Stilimen and helpers. Refrigerating engineers and _press- Sweat d hel weat pan pumpers and helpers. Boiler reuse firemen. : Water tenders. (Itemization of p. 5 of the company’s brief does not show which of the men listed there are helpers.) The section makes the following award: 1. Wage scale.—The following scale of wages shall be paid: Boiler washers. Filter house pumpers and helpers. Earth burners and helpers. Agitators treaters and helpers. Pumpers and gaugers. Occupation name and rate per hour. Boiler makers, machinists, Cents. Grease works— Cents, and blacksmiths. ......... 75 Grease makers........... 694 OIPOrs., (c) In any case where there is doubt or dispute between shop. committees and the general committee as to original-jurisdiction of matters to be adjusted, the question Be entcaen shall be decided promptly by the examiner of the National War Labor oard. . ; Retroactive pay.—Wage increases made in accordance with the provisions of this award shall be retroactive to July 17, 1918, and the company shall be given until December 1, 1918, tomakesuch retroactive payment. Hours of labor.—The board decrees that the hours of labor shall be the same as at Schenectady. x Reinstatement of discharged men. and alleged discrimination.—The right of the workers to organize in trade unions and bargain collectively through a chosen representative is recognized and affirmed. This right shall not be denied, abridged,, or interfered with by the employer in any manner whatsoever. (a) That Leslie Taylor, Joseph Glassett, John J. Kerivan, James Hanson, John J. Connolly, Edwin Murch, Herbert Pogson, Rufus Hartley, Walter Putnam, Raymond Shattuck, and Arthur E. Clark shall be reinstated in their employment at the same jobs, or work of similar nature to that which each was doing when dismissed, at rates of pay not less than each was then receiving nor less than the rate established for the work upon which each is reemployed, plus any increases which such work may receive under the terms of this award, without loss of seniority rating or bonuses, and with pay for all time lost by reason of dismissal, minus amount, if any, of intervening earnings. Such reemployment by the company shall be dependent upon each employee pre- senting himself to the company within five days after the receipt of this award by the parties to the case. (b) That the reinstatement of John F. Peterson and William H. White is not ordered for the reason that they not only ordered employees to cease work but directed them not to leave the shop but to sit in their seats and do nothing, while at the same time the foreman was directing them to continue work or leave the shop: These men apparently had good records up to the time of this occurrence, and this action by the board should not, therefore, previee their future opportunities for employment. (c) With reference to Leslie Taylor, James Hanson, and Edward Murch, whose reinstatement we adjudge, the board has been in some doubt; but to reach a unani- mous conclusion, their names have been included in the list to be reinstated, with a warning to these men that the evidence of their insubordination has been such that they should be duly cautioned and not assume by their reinstatement that they occupy a favored position by reason of the order. Administration of award.—The secretary of the National War Labor Board shall assign an examiner to supervise the execution of this award. Should a controversy arise in respect to the interpretation of the award, an appeal may be made to the board, and shall operate as a stay, or otherwise, according to the rule of the board. Period of award.—This award shall be in effect for the period of the war; provided, that on February 1, 1919, and at periods of six months’ interval thereafter, either party may reopen the case before the National War Labor Board for such readjustment as changed conditions may render necessary. ; Wn. H. Tart. Franx P. Watsa. L. A. OSBORNE. Wm. H. Jonnston. Finding in re Employees v. American Sheet & Tin Plate Co., Elwood, Ind. 232. January .15, 1919. Committees.—The principles upon which this board is founded guarantee the right to employees to organize and bargain collectively, and there shall be no discrimination or coercion directed against proper activities of this kind. Employees in the exercise of their right to organize also should not use coercive measures of any kind to compel persons to join their unions, nor to induce employers to bargain or deal with their unions. As the right of workers to bargain collectively through committees is recognized by the board, the company shall recognize and deal with such committees after they have been constituted by employees of the company. LAUNDRY OWNERS, LITTLE ROCK, ARK. 245 Wages.—The claims made by the oe would indicate that in some classes of service the increased wages have not kept pace with the increased cost of living. The company does not submit data to show rate increase or earnings of employees. The board therefore recommends that the company give consideration to such claims, and that upon the election of shop committees provided for in section 1 of this finding, the company shall proceed to negotiate with said committees and to endeavor to reach an agreement therewith, covering all of its employees, relative to rates of wages, hours of labor, working and sanitary conditions, and all other matters affecting the interests of said employees. fe _ This finding shall continue in effect for the duration of the war. Sue ApAM WILKINSON, C. A. CrocKER, : Section. Joint Report of Section in re Employees v. Laundry Owners, Little Rock, ; Ark, 233. November 9, 1918. The laundries involved as respondents in this case had contracts with Local No. 36, Laundry Workers’ International Union, for 3 years, in periods of one year each, begin- ning May 1, 1915, and ending May 1, 1918, in the form shown by Exhibit 6 to the testi- mony of F. A. Randall. On April 17, Mr. Randall, the business agent of the union, presented to the laundry owners a contract for another year from May 1, 1918; the owners declined to sign the agreement and stated that they did not want to have anything to do with the union; and on May 29 a strike occurred. The laundries were doing much work for the officers and men at Camp Pike, and when the strike occurred Col. Rucker of that camp appeared at a meeting of the repre- sentatives of the two sides, together with the State’ labor commissioner, which resulted in the execution of an agreement by the laundry owners on May 30 to the effect. that at the end of 3 weeks a contract would be executed, ‘‘the terms thereof to be agreed upon by a committee consisting of 6 laundry representatives and 6 employees or their representatives,”’ and in case that committee failed to agree the points of disagreement were to be submitted to the National War Labor Board. ; Local parties tried to mediate, but without success. The committee referred to in the agreement did meet once or twice but could not come to a settlement, and there- upon the matter was referred to the National War Labor Board. More than 200 pages of testimony were taken by the examiner, both sides being afforded opportunity to present their case and their witnesses. Formal submission was signed by the laundry owners and the business agent of the union on September 2, and bree were filed by both sides. As to the union contract, the testimony disclosed the view of the laundry owners that the union contract was practically void even during its nominal term, because the union did not supply the laundries with necessary help and because the union knew that all the laundries in Little Rock were using nonunion labor in order to get sufficient. help to conduct their business. The union agent, however, correctly pointed out that that was the employers’ privilege under the contract, but with the proviso that these workers should join the union in 30 days or be discharged; the employers intimated, by questions put to the business agent of the union, that the majority of the employees had never joined the union and did not desire to do so because they did not expect their positions to be permanent, and did not care to give up that amount of money and that percentage of their wages each months as dues. wt Notwithstanding these views on the eo of the owners, it is clear that they were under contract with the union until May 1, 1918, even though its terms were not strictly observed by the laundries or enforced by the union because of exigencies of the labor situation. Itis a closed-shop contract, and under the principles governing this board, ‘“‘in establishments where the union shop exists the same shall continue, and the union standards as to wages, hours of labor, and other conditions of employment shall be maintained.” . ; . ‘ me As to minimum wage.—The chief stress with respect to wages 1n this case was laid upon the wages paid to women. ae : It appears that the State of Arkansas has a minimum-wage law for women fixing $6 per week for the first 6 months and $7.50 per week thereafter, but this law was passed a number of years ago under normal conditions and therefore can not be taken as a fair standard under the war conditions now existing. The same law fixes 9 hours as the maximum per day and 6 days per week. 946 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. The commissioner of labor stated that in his judgment the cost of living in Little Rock had increased about 40 per cent since the beginning ofthe war. Examiner Herk- ner in her digest summarized the budget of one woman worker (from that woman’s tes- timony) at $8.60 per week, and in view of the abnormally low rent included in that, instance it may safely be considered the absolute minimum in evidence in this case. Another case is mentioned at $9 per week. It is clear that these budgets include only the absolute necessities of life. rts The work in laundries is of a peculiarly unpleasant kind and inevitably entails ex- posure to considerable heat and discomfort; it should be reasonably well paid for, even though it is true that, because of its character, the workers are of the uneducated or poorly educated class who could not easily procure other and more attractive jobs. About 65 per cent of the women workers are colored, and it is in evidence that the colored women are paid from 50 cents to $2 per week less than the white women, al- though the colored women do the heaviest and most laborious work, requiring the same or greater skill than the work done by the white women. One of the laundry owners admitted frankly that he did not think they should discriminate. The pay of the drivers is based upon a proportion or percentage of the value (which is assumed to mean the selling price) of the laundry Some broughtin. Their compensation, therefore, has already been automatically increased by the advance in laundry prices, and will be still further increased if laundry prices are again raised. Sanitary conditions.—As to this part of the complaint, the testimony is not very con- clusive but was, on the whole, very vague and general. It does not seem to the section that that is a feature that can be dealt with by the board in any specific way, but should be left'to the police power (the health authorities) of the city and.State. Itis stated in the laundry owners’ brief that ‘‘all laundries in Little Rock are regularly inspected b the United States Public Health Service, as well as by the local ay and State heal officers, and all have been acceptable from a sanitary standpoint and pronounced satis- factory”; the State labor commissioner said in his testimony, ‘‘on the whole, I would say that the sanitary conditions are not very good,’”’ but one place was characterized by him asa model. A woman witness for the employees testified as to another of the laundries, that according to her judgment ‘‘the sanitary condition was very nice.” ‘The examiner to be appointed in this case (preferably a woman) should be instructed by the secretary to be very reasonable in her demands, considering the special circum- stances surrounding these particular industries, and if then her suggestions are not com- plied with as to sanitary conditions, call to the attention of the health authorities to the same. The laundries testified, and their brief contends, that if a minimum greater than $10 per week is awarded by the board it will be necessary for them to increase their laundry prices, which have already been increased twice to the extent of a total of 25 per cent to 30 per cent, and they expressed fear that they will lose patronage, because there was great dissatisfaction with the previous advance and some threats were made by some of their patrons that if any further advances were made in the laundry prices they would ship their laundry out of town. It is fair to assume, however, that if it should really be necessary for the laundries to further increase their prices in order that they may pay the wages ordered by this board and still have a fair return on their invest- ment, the good people of Little Rock will patriotically recognize the propriety of such increase and continue to patronize their home industries. Your section recommends the following for adoption as the award of the board in this case: AWARD. Union contract.—The principle that ‘‘in establishments where the union shop exists the same shall continue and the union standards as to wages, hours of labor, and other conditions of employment shall be maintained” was included in the proclamation of the President of the United States establishing this board. Therefore it is ordered that the form of agreement existing between the union and the laundry owners during the period of Mey 1, 1917, to May I, 1918 (Exhibit 6), shall be the form of agreement to be entered into by the parties to this controversy except as they may mutually agree to modify the same. Minimum wage.—The minimum rates of pay to be set forth in said new contract shall be those shown in said Exhibit 6, plus $3.50 per week for all workers !? except— 12'Wage scale under former agreement and as revised by this award. JACOB E, DECKER & SONS, MASON CITY, IOWA. 247 2 ' Minimum | Minimum | Minimum Occupation. scalein | Tate to be | apprentice paid under} rate to.be agreement. award: paid. | Per week. | Per week. | Per week. | Manele hands and shakers. . oad $7. 50 $11. 00 39.00 |: Body ironers.............. cs 7, 50 11.00° 9.00 EOS Se oc, cians uve eee: ad 7. 50 11.00 9.00 Bosom press...........--2--..20see0+ 7.50 11. 00 9. 00 Shirt machine 7.50 11. 00 9. 00 i Shirt finisher . 7.50 11.00 9. 00 Neckband... 7.50 11.00 9. 00 Sleeve machin 7.50 11.00 9. 00 Seamstress. .... 7.50 11.00 9, 00 | Hand ironers 7.50 11.00 9. 00 Collar ironers 7. 50 11,00 9. 00 Head markers. -- 18. 00 21. 50 19. 50 Assistant marker. 7. 50 11.00 9. 00 Head assorter..... 18. 00 21. 50 19, 50 Assistant assorter. 7.50 11. 00 9.00 Steam engineer. -. ae 18. 00 PLSOOL chase iiainaesnion Electric engineer....-.....-2...----. 21. 00 SOO G Wl eoicdeea zane Starcher..........-.------- 7.50 11.00 9. 00 Linen cheeker and marke 12.00 15. 50 13. 50 _ Assistant -.- 7.50 11.00 9. 00 Shirt washer.... 15. 00 18, 50 16. 50 Linen washer... ais 12. 00 15. 50 13. 50 ‘Wringer men........-2-.0...-222--06 10. 00 13. 50 11. 50 POCUCIS rc xcccatoevsrdeanmecied seeuciegneictes 9, 00 12, 50 10, 50 (a) Drivers, whose pay is a proportion or percentage of the value of the work brought i by wen for these drivers the wages shall be determined as stated in said Ex, abit 6. {b) perenticestiip rates shall be $2 per week less than the minimum scale of wages provided by this award for experienced workers in each class; and the term of appren- ticeship shall be 30 days. Period of award.—Said new contract shall be in effect from September 1, 1918, and shall continue during the war; provided, however, that on the Ist day of March, 1919, and at the end of each 6 months’ pene thereafter, should conditions materially ehange making a readjustment by this board equitable, application may be made to the board by either A anki Back pay accrued under this award from September 1, 1918, shall be paid on or before December 31, 1918. Discrimination.—Women workers shall receive equal pay with men for equal work. Colored women shall receive equal pay with white women for equal work. Sanitary conditions. —Safe and proper sanitary conditions should be established and maintained, and reasonable conveniences for the workers should be provided where they do not now exist. . . : Interpretation of award.—For the purpose of securing the proper interpretation of this award the secretary of the National War Labor Board shall appoint an examiner, who shall hear any differences arising betweem the parties in respect to the award and promptly render a decision, from which an appeal may be taken by either party to the section making this award. : JosepH W. Marsa, Frep Hewirt, Section. Award in re Employees v. Jacob E. Decker & Sons, Mason City, Iowa. 235. February 12, 1919. Difficulties which arose in May, 1918, between the employees and the firm of Jacob E. Decker & Sons, Mason City, Iowa, were adjusted by Federal Conciliator Patrick E. Gill, and an agreement was entered into between the employees and the firm on July 7, 1918. ; Shortly thereafter the employees asked that there be substituted for this agreement an award similar to that made by the Hon. Samuel Alschuler in certain packing-house industries on June 8, 1918. : : The case has been jointly submitted to the National War Labor Board. . After careful consideration the board rules that the so-called Gill agreement, which provides for the basic 8-hour day, shall remain in force with the following modifications: 1. Overtime work shall be paid for at the following rates: Double time for all time worked on Sundays and holidays, including New Year’s Day, Memorial Day, Inde- 948 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. pendence Day, Labor Day, Thanksgiving Day, and Christmas Day, or ene legally celebrated in lieu thereof. Where the operation is necessarily and generally carried on for seven days of the week, provision may be made by relief gangs or otherwise, so that the employees in such operations ay be relieved from duty on some day of the week, and in case of such relief on any other day of the week, double time shall not be allowed for work on Sunday of such week. . : The weekday overtime pay (not including any day for which double time is paid). shall be at the rate of time and one-fourth for the first two hours in excess of the regular ; eight-hour day on each such day, and at the rate of time and one-half for all time ‘ thereafter on each such day. ei hi /; 2. Employees shall choose their own committees from among themselves, in their own way, and these committees are to be free to take up any and all complaints with the employer or his duly authorized representative. 3. Retroactive wages due under this award shall be paid from July 31, 1918, the date of joint submission, said payment to be made not later than March 15, 1919. T. M. Guerin, H.H. Rick, — Section. Award in re Employees v. St. Louis Coffin Co. 258. November 19, 1918. Recognition, of union.—lt appears that prior to April 8, 1918, the St. Louis Coffin Co. entered into an agreement with certain unions representing some of its employees. The board decides that such agreements shall be maintained. Committees.—The evidence further shows that in other departments of this estab- ulishment union and nonunion men and women work together, which practice obtained for some time. The request of such employees for the exclusive employment of union men and women is disapproved of by the board for the reason that no such arrangement was in force prior to the submission of this controversy. However, the principles of the board recognize the right of the workers to organize and bargain collectively, and there shall be no discrimination or coercion directed against proper activities of this kind. Employees in the exercise of their right to organize also shall not use’ coercive measures of any kind to compel persons to join their unions, nor to induce employers to bargain or.deal with their unions, other than those specified in the preceding paragraph. As the right of the workers to bargain collectively through committees has been recognized by the board, the company shall recognize and deal with such committees after they have been constituted by the employees in accord with the principles of this board. s Hours of labor and overtime.—It appears that by agreement between the company and its employees during the latter part of April, 1918, the work day in this establish- ment was fixed at 9 hours. The board decides that this basic day shall continue 5 days per week, with a 5-hour work day on Saturday. Time in excess of these daily hours shall be paid for at the rate of time and one-half, with double time to be paid. on Saturday afternoons, Sundays, or holidays. Wages.—It appears from the evidence that on June 26,-1918, a settlement of the strike of the employees of this company was made on the basis of giving 15 per cent increase in wages. The board decides that an additional 25 per cent increase be granted to all day and hourly workers on the rates in effect July 26, 1918, and that the committees hereinbefore provided and the management shall meet within 10 days after such committees are constituted to agree upon classifications and minimum rates for the various occupations. Ifany disagreement occurs that can not be mutually adjusted it shall be referred to the National War Labor Board for decision. iecework.—The board can not justly direct the abolition of piecework operators in this establishment, therefore it directs that all questions concerning piecework practices and rates be adjusted by conference between the management and the committees contemplated in section 2. Women’s wages and conditions of labor.—Where women are employed on work usually performed by men they will be allowed equal pay for equal work and must not be allotted tasks disproportionate to their strength. The request of the women for minimum rates of pay is granted, as follows: First three months’ service, 21 cents per hour. Next six months’ service, 26 cents per hour. After nine months’ service, 32 cents per hour, Working conditions.—Provisions for the health, comfort, and working efficiency of men and women employees shall be made in accordance with standards agreed upon J. A. McNULTY, MINNEAPOLIS, MINN. 249 in conference between the management and the shop committees. In case of dis- agreement, appeal should be made to the city or State factory inspector for decision. A eS establishment of an apprentice system should be mutually agreed upon between the company and the shop committees. The board recommends that provision be made for a reasonable number of apprentices. Retroactive pay.—This award shall be retroactive to July 26, 1918, and the company shall ‘have until December 15, 1918, to calculate and make final payment. of the retroactive wages due hereunder. Duration-of award.—This award shall be in effect for the duration of the war except that either party may reopen the case before the board at intervals ‘of six mont hereafter for such adjustment as changed conditions may render necessary. C. E. Micwast, MatrHew Wout, Section, Findings in re Grain Elevator Workers, Local No. 16198, v. J. A. McNulty, = Minneapolis, Minn. 261. April 11, 1919. The National War Labor Board, in considering on appeal the question of jurisdic- tion involved in this case, affirms the decision of the joint chairmen as handed down under date of November 22, 1918. It also makes the isllowing findings: This is not a joint submission. J. A. McNulty was named a defendant in the case of the Grain Elevator Workers v. Atlantic Elevator Co. et al., docket No. 261, but the character of service rendered by the employees of respondent can not very well be classed with that performed by aan elevator workers, and separate findings, therefore, are had. : The business engaged in consists of reclaiming grain door material from inbound grain shipments and conditioning same for reuse; also in inspecting and coopering cars for bulk grain loading. It also appears that the work is done under contract with various carriers and under the supervision of the United States Railroad Ad- ministration, and whilst McNulty does not agree to abide by the findings of the board, at the same time there is some intimation on his part that if the board should recommend an increase in wages he could follow the findings in the event that the Railroad Administration reimburse him for the additional expense. ' The persons employed in this work vary from 60 to 115, owing to the season. There are two classes of employees—car coopers and door pullers or reclaimers. These men ask 55 and 50 cents per hour, respectively, and that the 8-hour day, now in effect, be modified and continued. A reaffirmation of the right to organize and bargain collectively in accordance with the principles enunciated by the National War Labor Board is also requested. The following rates are shown to have been in effect on the dates mentioned: woapees) | pele 3 ‘coopers’ | pullers’ or Date. rate per |reclaimers’ Heats Der hour. rate per ‘y- hour. Cents. Cents. Auge, 1914. ce ccapeesese - 27.5 25,0 10 Aug. 1, 1916..... 3 30. 0 27.5 10 + | Apr. i) 1918. 32.5 30.0 10 July 1, 1918.. 35.0 32.5 ~ 9 Aug. 1, 1918.. 45.0 40.0 9 Sept. 15, 1918. 50.0 45.0 8 FINDINGS. Wages.—The trend in the cost of living was upward for some months subsequent to the last wage increase received by the men, and the request made, amountin; to an increase of 10 per cent, seems reasonable as applied to December 1, 1918, an thereafter. That the coopers should receive 55 cents per hour and the door pullers 50 cents, effective on and after December 1, 1918, is recommended. Comiittees—The principles upon which this board is founded guarantee the right to employees to organize and bargain collectively, and-there should be no dis- crimination or coercion directed against proper activities of this kind. Employees 250 CHAP, V.—AWARDS OF NATIONAL WAR LABOR BOARD. in the exercise of their right to organize also should not use coercive measures of any kind to compel persons to join their unions, nor to.induce employers to bargain or deal with their unions. . ; . As the right of the workers to bargain collectively ee recognized by the board, it is the recommendation of the board the company recognize and deal with such committees of their own employees after they have been properly constituted by the employees of the company, and that future differences between the company and the employees be adjusted by these committees. tiglcs Hours.—The evidence shows that 8 hours constitutes.a day’s work in this plant, and that time and one-half is paid for all overtime and also Sundays and holidays, It is recommended that said hours continue, with the exception that double time be paid on Sundays and holidays. Adopted. by the board April 11, 1919, the vote being as follows: For: Joint Chairman Manly, Vice Chairman Judson, and Labor Group. Against: Employer Group. MINORITY REPORT. :. Fhe employer members could not support the above findings for the reason that the wages of these employees were advanced on April 1, July 1, August 1, and Sep- tember 15, 1918, and in the judgment of such members the wages are adequate for the class of service rendered. Findings and Award in re Amalgamated Association of Street & Electric Railway Employees of America, Division No. 764 v. The Kansas City Rail- ways Co. {Effective also in the case of Docket No. 266, Kansas City Railways Employees Brotherhood v. The Kansas City Railways Co.} 265. October 24, 1918. ‘ This is.a controversy between the employees of the defendant company, members of the Amalgamated Association of Street & Electric Railway Employees of America, Division No. 764, and The Kansas City Railways Co. This company is a street railway corporation operating lines of railway in the cities of Kansas City, Mo., and Kansas City, Kans., and the suburbs thereof. The case comes before the National War Labor Board upon joint submission signed by both parties August 7,1918. Extended hearings were held by examiners and the case was argued Baa ely by counsel for all of the parties before the examiners at Kansas City, Mo., and before the joint chairman at. eeu, D. C._ The employees involved were represented before the board by Mr. William T. Mahon, president of the Amalgamated Association of Street & Electric Railway Employees of America, Mr. Frank O’Shea, international vice president of the same organization, and Messrs. Clif Langsdale and James H. Vahey, attorneys representing the same association. The company was represented in the pEserec rs by Messrs. Frank Hagerman and Clyde Taylor, counsel for the company, and Mr, Philip J. Kealy, its president. The issues involved were: Wages. Status of women employees. Revision of schedules. Constitution of working day. AWARD. 1. Wages.—The board is fixing these rates for the period of the war only and there- fore substitutes for more extended graduation of rates by years shorter periods for the increases. The wages of motermen and conductors hai be: For the first three months of service, 43 cents per hour. . For the next nine months of service, 46 cents per hour. Thereafter, 48 cents per hour. Men operating one-man cars, 53 cents per hour. The wage scale for hostlers shall be the same as that for motormen and conductors. 2. Wages of other employees.—The wages of employees other than motormen and conductors, which have been submitted to the board for fixation, shall be increased by the same per cent that the maximum of the wage scale paid to motormen and conductors is increased by this award; provided, however, that if this per cent increase does not bring the wage of any adult employee up to a minimum of 424 cents per hour, that he or she shall be paid said minimum of 42} cents per hour. KANSAS CITY RAILWAYS CO. 251 . 3, Schedules and hours.—When the elapsed time consumed by swing runs exceeds 18 pone an addition of pay for the period of excess consumed time shall be allowed as follows: For the fourteenth hour, 15 minutes. For the fifteenth hour, 30 minutes. For the sixteenth hour, 45 minutes. ._. For the seventeenth and each successive hour, 60 minutes. These allowances are to be applied to successive periods of one half-hour each; less than one-half of such period to be neglected and more than one-half of each such period to count as allowed time for the full allowed period. Whenever there. is a break or lay-off time in any of the scheduled runs of 45 minutes or less, such period shall be paid for at the rates prescribed in this award and shall be considered to be a part of the platform time. : For all time required in excess of the regular schedule time, time and one-half shall be paid. Night cars shall all be straight runs, with no more than 8 hours’ time and with 10 hours’ pay. 4. Status of women employees.—Women employees shall receive equal pay with men for the same work, and the guaranteed minimum for women shall be increased from $60 per month to $75 per month, as now obtains in the case of the men. 5. Constitution of working day.—_The employees asked that all employees running on a schedule of less than 9 hours be placed on a 9-hour basis and that 9 hours be known hereafter as the working day, and that all those having a schedule of less than nine hours be paid for 9 hours’ work. This demand was not supported by adequate testimony or argument and is not in accord with previous decisions of the board. 6. Interpretation of award.—For ve oe of securing a proper interpretation of this award the secre of the National War Labor Board shall appoint an examiner, who shall hear any differences arising in respect to the award between the parties and promptly render his decision, from which an appeal may be taken by either party to the National War Labor Board. Pending the appeal the decision of the examiner shall be binding, except as provided in the rules oF the board. 7. Date effective.—This award is to take effect as of August 17, 1918, and shall remain effective up to and including August 17, 1919, or for the duration of the war, except that either party may reopen the case before the board at periods of six months’ interval, beginning February 1, 1919, for such adjustment as changed conditions may render necessary. The company will be allowed until December J, 1918, to make the payments to its employees of the back pay awarded herein. 8. Kansas City Railway Employees Brotherhood.—Certain of the employees of this same company were represented before the board by Mr. Samuel R. Freet, counsel for Kansas City Railways Employees Brotherhood. This award, in all respects, shall cover said employees in like manner as the employees represented by ae officials and attorneys of the Amalgamated Association of Street & Electric Railway Employees of America, Division No. 764. ; 9. Conditions of award—Financial ability of company.—(a) Terms of submission: Under the agreement of submission between the company and its employees, this award was made conditional upon the granting of an increase in the rate of fare to be charged per passenger by the company and subject to the financial ability of the company to meet the requirements of theaward. — - ; (6) Increase in fares: The company made a showing to the board as to its financial condition, based upon an official audit thereof. The representatives of the employees conceded its substantial accuracy, and the board extended full opportunity to the representatives of the municipality of Kansas City, Mo., to present any countervailing proof or argument, which was declined. The board, upon the showing so made, finds that the company, under present revenues, is financially unable, and its general financial condition will not permitit, to pay the wages herein awarded toits employees or to readjust its schedules as herein directed. Accordingly, the board finds that in order to enable it to put this award into effect the company should be permitted to make such charges for its services as will produce sufficient income to pay the wages herein specified, as well as the other expenditures and charges necessary to the rendition of proper and uninterrupted service. A The increase in fares is only for the period of the war and the general equities of the same do not turn upon the history of the relations between the local street rail- waysand the municipalities in which they operate. Nor does the claim for an increase in fares rest upon any right to a dividend upon capital long invested in the enter- prise. The increase in fare is directed solely because of the immediate pressure for money receipts now to keep the street railways running so that they may meet the local and. national demand for their services and pay the just and fair scale of wages to their employees as herein awarded. Overcapitalization, corrupt methods, exor- 252 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. bitant dividends in the past, if any there have been, are not relevant to the question of national policy in the present exigency. ct : In strict justice, the public must pay an adequete war compensation for a service which can not be rendered except at war prices. Wn. H. Tart, Frank P. Wansu, Joint Chairmen. SUPPLEMENTAL PROCEEDINGS IN THE INTERPRETATION AND.. EN- : FORCEMENT OF THE AWARD, ies January 31, 1919:] #8 This is an application for the interpretation and enforcement of an award hereto- fore made by the National War Labor Dara on October 24, 1918, upon the recommen- dation of the joint chairmen, to whom as a section of the board the controversy was referred. The board fixed the rates of wages to be paid at the standard of wages which it had followed in respect of street railway employees in Detroit, Cleveland, Chicago, Boston, and other cities of the same class and character, the rates varying from 43 cents per hour to 48 cents per hour, which was the maximum, for cars manned by conductors and motormen. It fixed a minimum of 424 cents per hour for any adult employee. There were other provisions of the award not now necessary to mention. The sixth clause of the award was as follows: Inter pretation of award.—For the purpose of securing a proper interpretation of this award the secretary of the National War Labor Board shall appoint an exam- iner, who shall hear any differences arising in respect to the award between the ae and promptly render his decision, from which an appeal may be taken y either party to the National War Labor Board. Pending the appeal the de- oe of the examiner shall be binding, except as provided in the rules of the oard. Instead of applying to the examiner, the employees in seeking the interpretation of the award in the present case have applied to the joint chairmen, who are the section of the board, under the practice of the board, to whom all the street railway and public utility controversies are referred. The award was to take effect as of August 17, 1918, and remain effective up to and including August 17, 1919, or for the duration of the war, except that either party might reopen the case before the board at periods of six months’ interval, beginning February 1, 1919, for such adjustment as changed conditions might render necessary. The egg) was allowed until December 1, 1918, to make the payments to its em- ployees of the back pay which the decision of the board awarded. The ninth clause of the award was as follows: . (a) Terms of submission: Under the agreement of submission between the com- pany and its employees, this award was made conditional upon the grantin, of an increase in the rate of fare to be charged per passenger by the company and subject to the financial ability of the company to meet the requirements of the award. (b) Increase in fares: The company made a showing to the board as to ite financial condition, based upon an official audit thereof. The representatives of the employees conceded its substantial accuracy, and the board extended full opportunity to the representatives of the municipality of Kansas City, Mo., to present any countervailing proof or argument, which wasdeclined. The board, upon the showing so made, finds that the company, under present revenues, is financially unable, and its general financial condition will not permit it, to pay the wages herein awarded to its employees or to readjust its schedules as erein directed. Accordingly, the board finds that in order to enable it to put this award into effect the company should be permitted to make such charges for its services as will produce sufficient income to pay the wages herein specified, as well as the other expenditures and charges necessary to the rendition of proper and uninterrupted service. ‘The increase in fares is only for the period of the war, and the general equities of the same do not turn upon the history of the relations between the local street railways and the municipalities in which they operate. Nor does the claim for an increase in fare rest upon any right to a dividend ee capital long invested in the enterprise. The increase in fare is directed solely because of the immediate pressure for money receipts now to keep the street railways running so that they may meet the local and national demand for their service and pay the just and fair scale of wages to their employees as herein awarded. Overcapitalization, corrupt methods, exorbitant dividends in the past, if any there have been, are KANSAS CITY RAILWAYS CO... 253 not relevant to the question of national policy in the present exigency. In strict justice the public must pay an adequate war compensation for a service which can not be rendered except at war prices. On November 1, 1918, the company filed bills in equity in the United States courts for the districts of Missouri and Kansas, against the public service commission in Kansas and Missouri, oe the municipal authorities of Kansas City, Mo., and Kansas City, Kans., and against the two street railway unions which were parties to this award. The bill in effect averred that the effect of the award of his board was to direct the increase of wages, and also to direct the increase of fares to meet the wages, in order that the street railway company might be maintained and permit maximum production for the war; that the authority and power of the board rested in the war power of the National Government and superseded the usual powers of the public utility commissions of Missouri and Kansas, and that therefore the company had the right to collect the fares needed to enable it to pay the wages awarded, which were 8 cents per passenger and 1 cent for transfer; that the public utility commissions and all the local authorities threatened to prevent the company from charging more than 5 cents fixed in the original franchise of the company, or 6 cents which had been -allowed on the Missouri side by the public commission but which had been suspended pending court proceedings to test the validity of the increase to 6 cents. The company rested its claim on the ground that such interference violated its rights under the Federal Constitution. : The court denied the injunction on the ground that the order made was conditional and did not become effective until the rates were raised by the proper State authorities. The order of the Federal judges denying the injunction was handed down on the 2d of December, and on the 6th of December the company made application for an appeal to the Supreme Court of the United States from the order of the district court. At the hearing in the Federal court room on November 5, counsel for the Missouri Public Service Commission inquired as to why application for the increased fare sought had not been filed with that commission, instead of frivolous Federal suits, _and he stated that the commission would undoubtedly grant whatever increase might be fair. No application was filed before the commission’ of Missouri until December 7. On December 9 a committee of the employees called on the president of the company and asked him what prospect there was for the performance of the condition upon which the wage award would go into effect. The company’s presi- dent stated that he did not know of any prospect, that he could not send any message to the men, but referred them to the mayor to find out what he was willing to do. The mayor had no power to grant or refuse an increase in fares. On the night of the 10th of December the employees voted to strike, and did so on the next day. Thereupon the company published a half-page advertisement in the newspapers, headed ‘‘A strike against the community,’’ in which it charged that the ike was carefully planned by the men, not so much against the ee as it was aie ou the politicians, with a view that the business interests would bring about a settlement. On the 12th of December President Kealy conferred with the Employers’ Associa- tion of Kansas City, and discussed the 6 and 8 cent fare propositions at some length, stating that such an increase in the fare meant a much smaller volume of business. _He said, ‘‘The higher the fare the harder it is on people who use the cars, and the higher the fare the more perplexing the problem becomes. I doubt whether we could pay the award made on an 8-cent fare unless the volume of business should increase.”’ In closing his statement Mr. Kealy said he opposed making a settlement on the basis of the War Labor Board award, because a readjustment would be necessary within afew months if there is a downward trend in the cost of living and cost prices generally. He said, ‘‘ We'll hold our men longer than if we settle with them on a 48-cent an hour basis and then have to cut their wages later.” On the sixth day of the strike, on December 16, an offer was made on behalf of the employees, to the counsel for the company, that if an appeal to the Supreme Court from the denial by the district court of the injunction sought were dismissed, and the company would use every effort to secure an increase of fares before the two public utilities commissions, the men would go back to work at the old rate. This offer was not accepted by the company. . On the seventh day of the strike, on December 17, a conference was had in the mayor’s office between a committee of the employees and the company officials, together with two conciliators of the Department of Labor and a committee of the employers’ association. At this meeting it was stated that the men insisted that the appeal to the Supreme Court should be dismissed, and President Kealy replied that the suit would not be dismissed. . : On the eighth day of the strike, December 18, the employees again, by resolution adopted at their mass meeting, offered to return to work if the company would pursue 254 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD, its applications before the commissions for increased fare. This offer. was published inthe Kansas City pape was not accepted by fhe company. : : On the 3d day of January the employees made application for hearing before the joint chairmen at Omaha. The company had been advised that an application would be made at that place, but sent no one to represent it. The chairmen sent to the company and the parties in interest the following telegram: P. J. Keary, President, the Kansas City Railways Co., Kansas City, Mo. ; At Omaha yesterday division No. 764 -of the Amal ed Union of Kansas City applied to us as joint chairmen of the National War Labor Board to enter ‘an order directing execution of the award made-October 24 last and compliance with its terms as to wages without regard to the condition therein contained, making the award of wages:dependent on legally authorized increase of fares for the-company. The application is based -on the averment that the company ‘has - notin good bith sought an inerease-of fares, as wasits duty under the submission and award, but on the contrary by a continuance of hopeless court proceedings in the United States Supreme Court has deliberately prevented the grant to it of such an increase in fares by the State:authorities:of Missouri and Kansas who, but for such court proceedings, would already ‘have heard and passed upon the company’s petition for an imcrease in rates upon which the increased wages meataed to the men would have become payable. Being informed that the men have struck, we have advised their representatives that we can not hear their application under the zules of our board; but that if they will return to work under the old terms of wages and other conditions obtaining when they struck, we will fix Tuesday, January 14, 2 p. m., at Southern Building, Washingtan, as the time when the board or its:ehairmen will hear the application upon its merits. -Of this hearing, incase the men return to work, please regard this tele- gram as notice-and summons to-appear at that time and place. We.advised you that the men intended to make,some-application to us at @maha where we agreed to hear it. You were not represented at Omaha so that we take this method -of notifying you of the application and our.action upon it. We have directed the counsel for the union to.serve you with.a:copy-of the petition and averments which they presented to us, accompanying it by:an-oral statement. fee nae receipt of this telegram to Secretary Lauck, National War Labor Board, Wash- ington. oe ‘ ‘Witutam H, Tart, Bast, M. Many, Joint Chairmen. On January 12, the company published the following advertisement: A STRIKE AGAINST THE COMMUNITY. The statement was made on the morning of December 11, when our former employees, at the bidding of their leaders in Detroit, without warning and in the face of a contract not to strike, attempted to disrupt the Tearalin deat Ota com- munity, that this was a strike against the community. Nothing has ever -been shown to disprove this statement. ‘The best evidence of this is the action of the leaders of these men by attempting to have the War Labor Board enforce a wage thatmeans an 8-cent fare, without regard to the decision of the Federal court, the consent of the city, and the public service commission of the State. ‘The strike was ‘brought about ‘by the leaders of the men refusing to accept the award of the War Labor Board and its construction by the United States district court. Under this.award.and by the ruling of the courts the rights.of both parties were settled, and it was adjudged that the increase in wages was not effective eect company got an increase in fare which would make their payment possible. The company had no power to collect a fare other than that authorized by ublic authority. However, in order to fulfill the conditions of the award it 28, by every legal and orderly step poems endeavored to secure the 8-cent fare which it takes to pay the wages demanded by the union. This in the face of.an-overwhelming public.sentiment against.any further increaae and opposition by public officials who eet this public sentiment. We are vlog to leave to the public and public officials the question of whether or not we have earnestly tried to secure an 8-cent fare. The leaders in this strike are continuing their efforts to wage this indusizial warupon the community. They are now asking the War Tabor beast to interfere in the affairs of Kansas City and to take some aetion that will force the public to .pay the wages named in fhe conditional award. KANSAS CITY RAILWAYS CO. 255 The real party in interest, the public, in this entire case has not been requested to appear in Washington, although the award is conditional upén its willingness to pay the wages specified. * * * * x * * 7” From the very beginning this has been a strike against the community. Prior to the strike statements were made in Labor emule ‘by these leaders that they would force the politicians to consent to an increased fare. That it would not _,, burt Kansas City to walk for a few weeks until it was willing to grant an increased “fare. Failing, in spite of Christmas holidays, blizzards, 13 Below zero weather, in every effort to bulldoze and bluff the people of Kansas‘City by the inconvenience, suffering, and financial loss occasioned by the strike, they are now attempting by some hook or crook to have the War Labor Board take some action. On the 6th of January the men voted to offer to return to work and tendered their services to the company, as directed by the joint chairmen in the telegram of January 3 above.quoted. e offer was rejected by the company. On that day the president of the company told a reporter of the Kansas City Star, when asked as to the tele- graphic summons sent him from Chicago by the joint chairmen, that he would not spend the car fare to attend the hearing, that he was not in favor of an 8-cent fare, and that an 8-cent fare would never come to Kansas City. The street railroad company, although full opportunity has been given, has offered Kittle if any evidence to controvert that adduced on behalf of the men which has been set out in some fullness because the chief issue here is one of fact and that.of good faith. The company did send a lawyer, Mr. Higgins, to the hearing in Wash- tngton, to present for 1t a written statement denying our jurisdiction to consider the application, announcing its purpose to ignore any action on our part in respect to the award as beyond our power, setting up a plea of res adjudicata that the Supreme Court of Kansas, with the men and company before it, had found the award made by this board conditional, and therefore we could not now hold it to be otherwise or to free it from the condition, and finally denying any lack of diligence or good faith on ‘its part.in.actively seeking the right to charge the additional fares which would satisfy the condition of the award. Mr. Higgins brought to the attention of the chairmen that court proceedings had been begun in the courts of Missouri to prevent the public commissions from granting any increase in fares, and that only very recently had the supreme courts of the State sustained the view that those commissions had the power. Mr. Higgins insisted therefore that due diligence in prosecuting petitions for increases under the rules.of the two commissions was manifest. The prayer of the men in this application is that the board shall interpret the award to impose upon the company the obligation to use due diligence to secure authority for an inereased rate of fare, which would enable them to pay the award and thus bring about.a performance of the condition upon the award if the increase of fares becomes effective; that the board shall find on the evidence that instead of discharg- ing this obligation the company has not in good faith sought the increase of fares, but has in ‘effect taken a course which has prevented such increase; and that b such conduct the company has made the perfermance of the condition upon whic the increased wages become payable unnecessary; wherefore the board should hold that the company must comply with the award of an increased wage without further regard to the condition. The men ask an order of the board appropriate to this end. OPINION. The preliminary objection to our power to hear and grant the relief asked ia this application we overruled and disposed of at the oral hearing, but it is perhaps well for us to restate our ground for so doing. The award which we made was acquiesced in ‘by both parties and was within the terms of the original submission. It therefore -becomes binding upon the parties as a common-law award and has the same efficacy as a contract with a similar purport made by the parties. That award contains a provision for its interpretation by the board in the course of its execution. This application is merely seeking such interpretation in view of new facts arising since the award. Therefore the parties are before us by virtue of the original submission and are contractually bound by our interpretation as by our original award. The plea that the award has been considered by the United States court with the parties before it and that that court has held the award to be conditional may be a good plea of res adjudicata as to that construction of the award. This is, however, immaterial, because no one disputes that the award was upon condition. It had to be to conform to agreement of submission. The only question here therefore is not as to the conditional character of the award, but it is whether the conduct of the com- 256 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. pany has been such as to prevent the performance of the condition made in its behalf, so that the condition is to be regarded in law as performed and the award rendered immediately effective. : ‘ Bog The principle of law that must have application on the issue here is very clear and is settled by a great many authorities. We can quote from one of them—that-of Wil- liams v. Bank of the United States, 2 Peters, 96, ‘‘1f a party to a contract whois entitled to the benefit of a condition upon the performance of which his responsibility is to arise, dispense with it or by any act of his own prevent the performance, the opposite party is excused from proving a strict compliance with the condition and the con- ‘ition will be considered as having been performed,” ig Cleveland Rolling Mill v. Rhodes, 121 U. S., 264. Lovell v. St. Louis Insurance Company, 111 U. 8., 264. 25 On the evidence we hold that the application of the men must be granted. We think the circumstances of the case show, with great clearness, that the company has not, with due diligence and in good faith, attempted to secure the performance of the condition and the increase in the rates of fare. It is not necesssry in reaching this conclusion that we find that the proceeding in the Federal court was not in good faith, and we do not.so find. We should say, however, that the bill in the Federal. court was filed on a most fantastic and unwarranted assumption in respect to the power of this board. ‘This board was not created by Congress. It was not geivn any com- pulsory jurisdiction, although that is specifically asserted in the bill. It was merel offered to the public by the President of the United States as an instrument throug which employers and employees might voluntarily have their difficulties mediated or settled by arbitration. He urged upon all patriotic persons to resort to the board for the maintenance of indeed peace and the avoidance of strikes and lockouts. This board never, in any decision, gave the slightest intimation that it had the right either to compel parties to submit to its jurisdiction, or that it had power to fix rates of fares for street railway companies, or to overrule the lawful local authorities in exercising the power conferred upon them by State legislatures to regulate the fares. The contention that this board intended to issue a mandatory order or any order at all to the local authorities to increase fares is so utterly without warrant on the face of the award that it is difficult to be patient with it. The truth is that the board was anxious to secure a general increase in fares and revenues of street railways in such cases, because they were obviously as inadequate as the wages in view of increased cost of maintenance. It wished, so far as it could, to prevent the doing of justice to the men from eas the burden of injustice to the company. So the board did not hesitate to urge upon local boards the doing of justice to the employer companies. It has been its general practice to do so in this class of cases. That it was a little more specific and direct in its recommendation in this case was due to the urgent request of counsel for the company. To contend that the language of the award made it an unconditional order directed against State authorities, as the bill for an injunction seemed to insist that it was, was a claim so extreme as to create a doubt whether it could be serious. An examination of the record shows the futility of the course pursued in seeking an injunction from the Federal court. Theinjunction asked, in its essence, was a manda- tory injunction upon the State boards to grant authority to the company to increase its fares under the recommendation of this board. In other words, it was a proceeding to enforce that recommendation as a lawful order. Not only was the bill framed on an utterly absurd view of the powers of this board, but it was most inexpedient and unwise in that it ignored altogether the lawful power of the commissions, except to make them parties in a compulsory proceeding. This would naturally have the effect of prejudicing pending or subsequent petitions of the company before these public service commissions for an increase. Not content with the dismissal of the absurd bill for an injunction, the company then proceeded to take an appeal from that dismissal to the Supreme Court. This appeal, in the nature of things, could not be heard by that court until after the period covered by the award had peed A hopeless appeal of this character, which would only hold up the matter for the men for six months, was a most remarkable step for a company pressing for immediate increase of fares to help the men. The refusal of the president of the company to dismisa the appeal thus becomes most significant in the issue of good faith. Not until the 7th of December, after the appeal had been filed, was application made to the Missouri commission for the raise in rates claimed by the company to be necessary. The pendency of the appeal in such a compulsory proceeding was not. likely to stimulate the commission to immediate action. ,_ The strongest contention of the company is that the delay in filing applications for increases in fare in the two State commissions was not inconsistent with a bona fide purpose to secure authority for the increase, because litigation in the States was then KANSAS CITY RAILWAYS CO, . 257 pencils to test the power of the State commissions to authorize tlft increase of fares. edo not regard this circumstance as having any such weight as is attributed to it. Had the application been made at once upon the handing down of the award, we know from the statement of the representative of the Missouri commission, made in open court, at the hearing of the injunction proceeding in the Federal court, that that commission would have pemly considered it; and even if an order of increase might have been dependent upon the ae of the Supreme Court of the State of Missouri before it became effective, the favorable ruling there was made early in January and the order would then have been effective. From all the circumstances of the case, we can not take any other view than that reasonably good faith and good sense required the promptest application to the State commissions of Missouri and Kansas in the first instance to secure this increase. It should be added that counsel for the men charged that the filing of the applica- tion with the Missouri commission when it did come was merely a formal step, and an attempt to save appearances. We think the evidence sustains this view, because no pressure for a hearing of the application was brought to bear on the commission. The men were wrong to strike on the 10th of December. It was contrary to their agreement, but we are bound to say that the course of the company in this most extraordinary legal aed te very naturally aroused the suspicion of the men and their discontent, and when the president of the company, on the 10th of that month, upon their urgent request as to when he thought the award would become effective, referred them to the mayor, who had no authority in the premises, their suspicions were not likely to be allayed. With these circumstances and the character of the litigation as a background, we come now to examine into the good faith of the company. The conduct of its presi- dent makes it clear to us that our finding on this, the only issue in the case, must be for the men. From the time that the men violated thew agreement and made the mistake of striking, the action of the company and its president leaves no doubt in our mind that the company was thereafter determined that there should be no increase to 8 cents, with 1 cent transfer, but that the matter should be tided over by use of the appeal in the Supreme Court and a lax pressure for the hearing of the belated applica- tion for an increase in the rates before the only body authorized to increase them. It should be noted that within a very few days after the strike the men repeatedly offered to return to their work and work under the old rates, if the SEpeal to the Supreme Court was dismissed, and energentic pressure was put to the applications to the commissions. The offer was rejected, and the pt stated specifically, in a subsequent meeting at which the offer was renewed, that the appeal to the Supreme Court would not be dismissed. Not until the day the case was argued here in Wash- ington, i, e., on the 20th day of January, was the appeal in the Supreme Court dis- missed. The advertisement on the 12th of December, the day after the strike, and that on the 12th of January, the day after the issuing of summons upon the present application by the joint chairmen, read together, show unquestionably that the com- pany was seeking to prejudice the community against the men by accusing the men of being the real actors In a conspiracy to secure an 8-cent fare and 1-cent transfer. They called the strike of the men a ‘‘strike against the community to force up+these fares.”’ It is difficult to see how they could have more effectively: blocked a bona fide effort before the commissions to increase the fares than by such advertisements. These advertisements and the statements of the president during the strike are all of the highest evidential significance as to the good faith of the company, not alone as to the attitude of the company at the time the advertisements were inserted and the statements of the president were made, but as reflexive of his purpose before the strike came and of his general attitude toward the whole matter of the performance of the conditions which would have required his company to make heavy payments. - The last advertisement was published after two offers of the men to return to work if only the appeal to the Supreme Court was dismissed and due diligence shown in prosecuting the application for increased fares. More than that, the real attitude of the company toward the increase of fares to 8 cents per person and 1 cent transfer is shown by the uncontradicted evidence that the president of the company did not desire such an increase. His plan was clearly revealed the moment the men made the mistake of striking, by his announcement to the Merchants’ Association that he pre- ferred to have the old wages go on without an increase of fares rather than to have an increase of fares with the increase in wages. More than that, it seems to us that the measure of the increase to 8 cents, considering fares elsewhere, was excessive, and that, as the president himself intimated, it would probably have resulted in reduced revenue rather than increased revenue, and that an appeal for 7 cents or less would be sustained by its moderation and would probably result in greater revenue. We 42663°—21——17 258 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. may note that th® board made no specific recommendation as to the amount of increase, because we were not sufficiently advised. . : ; : We have received telegrams from the mayor and the city councilor of Kansas City asseverating that the company has used every effort to secure advances in its fare in good faith. We are obliged, upon the facts presented, to differ from the mayor and thecity councilor in this cree When we were hearing the question of wages and the question of our recommendation as to increased fares, we invited the city to be repre- sented by its councilor, with an opportunity for hearing, which was at first accepted and then declined. We have not been assisted in this case by them as witnesses or advisers except in the two telegrams. . We know nothing of the local prejudices or of the history of street car strikes in Kansas City. They are not relevant to this discussion. = ' It is of the utmost importance that goed faith on both sides in dealings between labor and capital should be preserved. Wedo not hesitate, therefore, to condemn the action of the men in striking as they did, but we can not be blind to the Ra circum- stances which led them to this wrong. They did attempt to remedy it within a few days after the strike by an offer that should have been accepted by the company. The attitude of the company seems to have been, so far as we can observe from the evidence, that it was content that the men had made the mistake of striking because it would enable them to defeat the union and to avoid the burden of increased wages. It will be observed that the submission was signed ata time when there was no prospect of ending the war. The men were induced to remain in the employ of the company, with the prospect of increased wages during the period of the war. The attitude of the company toward thesituation and the interest of the company:seem to have changed after the armistice caine and after the prospect of a continual supply ef labor was evident. While good faith must prevail on both sides in a controversy between em- ployers and employees, it is not too much to hold that the differing circumstances surrounding the two sidesshould impose upon the employer uberrima fides, the highest faith. ‘This is‘especially true when the relations between labor.and capital are critical, and when demagogic and incendiary utterances are constantly being used to arouse the suspicion of wage earners. . he . The company has. announced its purpose to disregard the action of the board taken upon this application on the ground that the board has no further jurisdiction. It can and should make no difference to the board whether the company may successfully avoid performance of the award because we have no compulsory judicial process within our control. It is our duty to proceed as if we were dealing with parties, complainants and defendants, who would comply with a lawful award. Upon that pothesis we find that the company by its conduct has prevented the performance of the condition upon which the award was granted, that this conduct has not been in good faith, and that therefore the condition is to be treated as if performed, and the award shall become effective as from the 6th day of January, 1919, when the men offered to return to work, in accordance with our telegraphic order. _ Wo. H. Tart, Basi M. Manuy, . Joint Chairmen. ORDER OF FEBRUARY 1, 1919. This case coming on for an ee , as to time and other details, the effect of the aeeon heretofore rendered herein and approved by the board, the board directs that the employees of the company who struck on the lith day of December, 1918, shall be reinstated by the company on Monday, February 3, 1919, with such seniority rights.as they had as.of December 11, and that on and after February 3, 1919, they shall receive the wages in accord with the award already made without regard to the performance of the condition. 'Thisordershall not apply to any of the foregoing Persons who may have disqualified themselves by conduct inconsistent with proper ‘discipline, other than the ceasing of work on December 11, and the case of such per- sons, if they shall still insist upon reinstatement, shall be left to the National War Labor Board for determination. : ; As to the members of the Kansas City Railways Employees’ Brotherhood, a separate organization from the Amalgamated Association, who were parties to the award and who have remained in the employ of the company, they shall te paid from the 6th day of January, 1919, under the scale of wages contained in the award, without regard to the condition thereof. BUTTE ELECTRIC RAILWAY CoO, 259 Findings and Award in re Amalgamated Association of Street & Electric ee Employees of America, Division No. 381, v. Butte Electric Rail- way Co. 271. November 21, 1918. The undersigned were selected as a section of the National War Labor Board to hear this controversy, and hereby report to the board the following findings and award: Wages.—The rates are fixed for the period of the war only, and therefore there is gubetinied for more extended graduation of rates by years a shorter period for the ncreases. The wage scale for all motormen and conductors shall be: For the first three months of service, 61 cents per hour. For the next nine months of service, 63 cents per hour. Thereafter, 65 cents per hour. Interpretation of award.—For the purpose of securing a proper interpretation of this award the secretary of the National War Labor Board shall appoint an examiner, who shall hear any differences arising in respect to the award between the parties and promptly render his decision, from which an appeal may be taken by either party to the board. Pending a final adjudication upon the appeal the decision of the exam- iner shall be binding except as provided in the rules Hine board. _ Date effective-—This award is to take effect as of August 3, 1918, and shall continue for the duration of the war except that either pany ae reopen the case before the board at periods of six months’ interval, beginning May 1, 1919, for such adjustments as changed condition may render necessary. e company shall be allowed until Pobriry 1, 1919, to make payments to its employees of the back pay due them under this award. ‘imancial recommendation.—This increase in wages will add substantially to the operating cost of the company and will require a reconsideration by the proper regu- lating authority of the fare which the company is allowed by law to collect from its passengers. We make part of this award the words we have used in the award in the Cleveland ( ‘ We have recommended to the President that special congressional legislation be enacted to enable sothe executive agency of the Federal Government to con- sider the very perilous financial condition of this and other electric street railways of the country, and raise fares in each case in which the circumstances require it. We believe it to be a war necessity justifying Federal interference. Should this be deemed unwise, however, we urge upon the local authorities and the people of the locality the pressing need for such an increase adequate to meet the added cost of operation. This is not a question turning on the history of the relations between the local street railways and the municipalities in which they operate. The just claim for an increase in fares does not rest upon any right to a dividend upon capital long invested in the enterprise. The increase in fare must be given because of the immediate pressure for money receipts now to keep the street railways run- ning so that they may neet the local and national demand for their service. Overcapitalization, corrupt methods, exorbitant dividends in the past are not relevant to the question of policy in the present exigency. In justice the public should pay an adequate war compensation for a service which can not be ren- dered except for war prices. The credit of these companies in floating bonds is gone. Their ability to borrow on short notes is most limited. In the face of added expenses which this and other awards of needed and fair compensation to their employees will involve, such credit will completely disappear. Bank- tuptcy, receiverships, and, demoralization, with failure of service, must be the result. Hence our urgent recommendation on this head. : Wu. H. Tarz, Frank P. Wass, Joint Chairmen and Section. 260 CHAP. V.—AWARDS OF NATIONAL. WAR LABOR BOARD. ‘Findings of Section in re Employees v. Smith & Wesson Arms Co., Spring- field, Mass. 273. August 21, 1918. Individual contracts.—The practice of the company in times past to take restrictive personal contracts such as were shown to the section, even if lawful when made, is contrary to the principles of the National War Labor Board, and the practice of taking -such contracts should be discontinued for the pe of the war. Discrimination.—Relative to the charges of discrimination against employees for joining labor unions, and to the discharge of certain employees as shown in the record, the fundamental principles upon which the National War Labor Board is founded, under the proclamation of the President of date April 8, 1918, are conclusive as to these points and admit of no misinterpretation. They are: The right of workers to organize in trade-unions and to bargain collectively through chosen representatives is et ae and affirmed. This right shall not be denied, abridged, or interfered with by the employers in any manner what- soever. The right of employers to organize in associations or sree and to bargain collectively through chosen representatives is recognized and affirmed. This tight shall not be denied, abridged, or interfered with by the workers in any manner whatsoever. Employers should not discharge workers for membership in trade-unions, nor for legitimate trade-union activities. The workers, in the exercise of their right to organize, should not use coercive measures of any kind to induce persons to join their organizations nor to induce . employers to bargain or deal therewith. _ In accordance with said principles we recommend that said employees be restored 4 their former positions and paid for all time lost by them on account of their dis- charge. Collective bargaining.—Under the principles quoted in the preceding section, the workers have the right to ‘“‘bargain collectively through chosen representatives. ” In accordance with these principles we recommend the following: (a) Election of committees. The election by the workers of their representative department committees to present grievances and mediate with the company shall be held. during the life of this award, in some convenient public building in the neigh- borhood of the plant, to be selected by the examiner of this board assigned to supervise the execution of this award, or, in case of his absence, by some impartial person, a resident of Springfield, Mass., to be selected by such examiner, Such examiner, or his substitute, shall preside over the first and all subsequent elections during the life of this award, and have the power to make the proper regulations to secure absolute fairness. ; In the elections the examiner shall provide, wherever practicable, for the minority representation by limiting the right of each voter to a vote for less than the total num- ber of the committee to be selected. Elections shall be held annually. (b) Duties of department committees. The duties of the department committees shall be confined to the adjustment of vr age which the shop foremen and the divi- sion superintendents and the employees have been unable to adjust. : The department committee shall meet annually and shall select from among their number three employees who shall be known as the committee on appeals. This com- mittee shall meet with the management for the purpose of adjusting disputes which the department committees have failed to adjust. Wages and working conditions.—We recommend that all matters in dispute as to wages and other conditions of employment be adjusted by the committees herein provided for, and that in case of disagreement reference be made to this board. Interpretation of award.—For the purpose of securing a proper interpretation of this award, the secretary of the National War Labor Board shall appoint an examiner, who shall hear any differences arising in respect t8 the award between the parties and promptly render his decision, from which an appeal may be taken by either party to the section making this award. Pending such appeal the decision of the examiner is to be binding. F. N. Jupson, Frank P. Watss, © Section. WALWORTH MANUFACTURING CO., KEWANEE, ILL. 261 Award in re Employees v. Walworth Manufacturing Co., Kewanee, Il. 274, March 6, 1919, 1. Right to ee principles upon which this board is founded guarantee the right to employees to organize and bargain collectively, and there shall be no dis- crimination or coercion ‘directed against proper activities of this kind. Employees in the exercise of their right to organize also shall not use coercive measures of an kind to compel persons to join their unions, nor to induce employers to bargain with their unions. 2. Hours of work and overtime.—The regular working time of each full week shall consist of 48 hours, divided into six daily periods of 8 hours. By mutual agreement between the management and the workers the daily working schedule may be so lengthened as to permit of a half holiday on one day of each week. : It is further provided that no worker shall be entitled to payment for overtime or extra time unless he shall work 48 hours in said full week (or 40 hours when a holiday intervenes) except in the case of illness, accident, misfortune, or other just and neces- sary cause. xcessive overtime shall not be exacted or permitted, and, in order that the same may be kept within reasonable limits, it is hereby decreed that where, in any one day, more than two hours overtime in excess of 8 hours is required by the company, then, for that day, overtime shall be paid without regard to whether or not the worker shall, during that week, have worked the weekly schedule provided for. 3. Wages.—Dating from the time of submission, viz, August 16, 1918, until approxi- mately the signing of the armistice, November 15, 1918, every employee engaged dur- ing that period of time or any part thereof shall receive a sum equal to 10 per cent of wages earned during that period. he reduction of hours from 50 to 48 shall be considered effective as of November 16, 1918. Wages earned since that time shall be computed on that basis. The shop committees herein provided for shall meet with the representatives of the company as early as possible to determine the minimum rates of wages which shall govern the different classes of work. Night workers shall receive a 5 per cent higher rate than day workers. Women workers performing the same work as men or performing work ordinarily done by men shall be paid equal wages with men for equal work, and they shall not be allotted tasks disproportionate to cle strength. , The company shall be allowed until April 5, 1919, to make payments toits eniployees of back pay due them under this award. : 4, Committees.-This company has not only signified its willingness but has ex- pressed a desire to meet with representative shop committees selected by the employees in whatever manner is acceptable to the employees, to consider not only matters affect- ing their immediate employment but also to consider subjects pertaining to the wel- fare of the industry as a whole and to promote cooperation and mutual helpfulness. ' In view of this desire and because the right of the workers to bargain collectivel through their chosen representatives is recognized by this board, the employees shal select from their own number a committee of six, or of such nuniber as the employees may select, to confer with a committee of a like number appointed by the company for the purpose of carrying out the terms of the award, to work out and agree upon methods and procedure under which the shop committees shall consider and adjust any future matter of controversy or of mutual concern. The election of this com- mittee shall be held forthwith, and immediately after its election shall meet with the representatives of the company to carry out the above purpose. 5. Piecework.—The hoard can not justly direct the abolition of the piecework system, and therefore directs that all questions concerning piecework practices and rates be adjusted by conférence between the management and the committees provided for in section 4. Itis, however, recommended that piece-rate workers be guaranteed the minimum hourly rate for time lost in waiting for materials, etc., due to circumstances beyond the workers’ control. ; : 6. Duration of award.—This award shall be effective for the duration of the war. 7. Administration.—Should any differences arise relative to the application and interpretation of the terms of this award which can not be adjusted between the committees and the management in conference, upon application by either party the secretary of the National War Labor Board may appoint an administrator, who shall hear any differences that exist and shall promptly render his decision, from which an appeal may be taken by either party to the section making this award. Pending such appeal the decision of the administrator shall be enforced. Matruew WoL, Joun F. Perxins, Section, 262 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. Findings and Award in re Amalgamated Association of Street & Electric Railway Employees of America, Divisions No. 669 and No. 737, v. Roch- ester & Syracuse Railroad Co. (Inc.). 278. November 21, 1918. The undersigned were selected as a section of the National War Labor Board to hear this controversy, and hereby report to the board the following findings and ‘award: = : Wages.—The wages of substation men shall be as follows: Substation operators, $4.25 for 12 or 10 hours. Substation operators, $3.64 for 8 hours. Substation operators (apprentice), with less than one year of service, $3.45 for 8 hours. Substation repair men, $4.25 for 10 hours. Wages of other employees.—The wages of employees other than those fixed above, which have been submitted to the board for fixation, shall be increased by 20 per cent, provided, however, that if this percentage increase does not bring the wage of any adult male employee up to the minimum of 42 cents per hour he shall be paid said minimum of 42 cents per hour up to not more than 10 hours work per day; and provided further that where women are employed in the same classification as men they shall be paid equal pay for equal work. The foregoing provision shall not apply to employees who already are receiving union craft rates, nor operate so as to increase their wages beyond such rates. Interpretation of award.—For the purpose of securing a proper interpretation of this award the secretary of the National War Labor Board shall appoint an examiner who shall hear any differences arising in respect to this award between the parties, and promptly render his decision, from which an appeal may be taken by either party to the board. Pending a final adjudication upon the appeal the decision of the examiner shall be binding, except as provided in the rules of the board. Effective date.—This award is to take effect as of August 9, 1918, and shall continue for the duration of the war, except that either party may reopen the case before the board at periods of six months’ interval, beginning May 1, 1919, for such adjustments as changed conditions may render necessary. The company shall be allowed until February 1, 1919, to make the payments to its employees of the back pay due them under this award. . . Financial recommendation.—This increase in wages will add substantially to the operating cost of the company and will require a reconsideration by the proper atithorities of the fare which the company is allowed by law to collect from its passen- gers. ; We make part of this award the words we have used in the award in the Cleveland case: We have recommended to the President that special congressional legislation be enacted to enable some executive agency of the Federal Government to con- sider the very perilous financial condition of this and other electric street rail- ways of the country, and raise fares in each case in which the circumstances tequire it. We believe it to be a war necessity justifying Federal interference. Should this be deemed unwise, however, we urge upon the local authorities and the people of the locality the pressing need for such an increase adequate to meet the added cost of operation. This is not a question turning on the history of the relations between the local street railways and the municipalities in which they operate. The just claim for an increase in fares does not rest wpon any right to a dividend upon capital long invested in the enterprise. The increase in fare must«be given because of the immediate pressure for money receipts now to keep the street railways running so that they may meet the local and national demand for their service. Overcapitalization, corrupt methods, exorbitant dividends in the past ave not relevant to the question of policy in the present exigency. In justice the public should pay an adequate war compensation for a service which can not be rendered except for war prices. The credit of these companies in floating bonds is gone. Their ability to borrow on short notes is most limited. In tle face of added expenses which this and other awards of needed and fair compensation to their employees will involve, such credit will completely disappear. Bankruptcy, receiverships, and demoralization, with failure of service, must be the Fall Hence our great urgent recommendation on this head. Wu. H. Tart, Frank P. Watse, Joint Chairmen and Section. NEW YORK CONSOLIDATED RAILROAD CO. 2638 Findings in re Brotherhood of Locomotive Engineers v. New York Con- solidated Railroad Co. (Brooklyn Rapid Transit System). 983. October 24, 1918. This is a controversy between certain motormen, members of the Brotherhood of Locomotive Engineers, Locals 419 and 858, employed on the lines of one of the sub- sidiary operated companies of the Brooklyn Rapid Transit System, of New York City, Jegally designated as the New York Consolidated Railroad Co., and said company. here are but two questions involved in this case: i. The right of the workers upon this line freely to organize in trade-unions of their own selection and to bargain collectively with the company through chosen repre- sentatives without interference on the part of the company. 2. Discrimination against individual employees alleged to have been dismissed for exercising their right to join a particular trade-union and the right of said dis- charged employees to reinstatement in their itions. The employees involved wete represented before the board by Mr. L. G. Griffing, assistant grand chief of the Brotherhood of Locomotive Engineers, and Mr. A. H. Kos- selman, counsel for the workers. The company was represented in the proceedings by Messrs. Timothy S. Williams, patie and J. J. Dempsey, vice president, of the eompany, and Messrs. George D. Yeomans and M. B. Hoffman, its legal counsel. Exhaustive hearings were held by examiners, as well as by the joint chairman, both parties to the conttoversy being represented as hereinbefore set out. The company, however, denied the jurisdiction of the board either to entertain considera- tion‘of the controversy or to make an enforcible award, on the grounds following: That there is no controversy between the men of the New York Consolidated Railroad Co. and their employers, and because the matter out of which the uestion has arisen is itself in violation of the spirit and principles of the War abor Board. The contention of ‘‘no controversy’ between the men and the company was, in pr based upon statements filed with the board, signed, as claimed by the company, y all but four of the motormen on the subway and elevated lines, of date of August 9, 1918. On the question as to the existence of @ controversy within the meaning of our Pole ‘we find the following to be the facts: ; (a) That a strike vote, prior to the interposition of this board, was taken, which embraced a considerable proportion of the motormen admittedly employed on the subway and elevated lines of ‘the company; (b) That the employees and former employees of the company have filed a com- laint against the a in due form and have appeared as witnesses at the earings ih ‘petson and by representatives, setting forth in detail a number of sub- stantial grievances which they desired to have adjusted ; : (c) That the jurisdiction of the board was invoked by the Department of Labor, under the rules‘and practice of the National War Labor Board, after investigation by said department. : eatery a te We have considered and weighed the evidence, consisting of signed statements of employees to the effect that no controversy exists, but an examination of the names signed to these statements shows that many of the signatories are employees and former employees now actually appearing as complainants against the company. The complainants charge, in effect, that these statements were in some degree pro- cured as 2. result of coercion, and this claim would seem to have basis in fact‘on account of the anomalous situation presented of men who signed the statements to the effect that there was no controversy, at the same time prosecuting their grievances belore ‘us with vigor. ‘ In view" of the foraikte, it follows that the ruling must be that the case is one which comes properly under the jurisdiction of the National War Labor Board. and that there is such controversy between the company and its workers as entitles the complainants to the interposition of the board. 0 : ee Among the principles ‘procl imed by the President of the United States in his ‘oclamation ¢ Aprils 1918, to govern the relations between workers and employers ‘or the period of the war, is the following: ; ee ear x The right of workers to organize tm trade-unions and to bargain collectively through chosen representatives is recognized and affirmed. This right shall not be ‘denied, sbndged, or interfered with by the employers in any manner whatsoever. : ; That this provision of the President’s proclamation was violated by the company, it would seem to us admits of no doubt. We are brought to this conclusion primarily 264 CHAP. V.—AWARDS OF NATIONAL WAR LABOR. BOARD. by the admissions of the president of the company and other high officials as to their attitude of opposition to the men joining the unions.chosen by them as most desirable for their welfare, by the espionage of the officials of the company in the neighborhood of the meeting place of the organization and elsewhere, by the fact that the dismissals were abnormally large in number during the two months when the issue as to the unions was acute, as compared ‘with dismissals for years prior to that time, and finally by the showing that the men who exercised their right to join unions admittedly opposed by the officials of the company were charged with demerits which accumu- latively brought about their discharge with such rapidity and under such circum- stances, after their membershipin unions was disclosed, as to lead us to the conclusion that dismissals, in a large number of cases, were caused by their legitimate union activities and not on account of inefficient service or improper conduct, the reasons assigned by the company for the dismissals. The company seeks to avoid the charge of denying its workers the right to collective bargaining by pointing out that there is no opposition on the part of the company to membership in the organization known as the Brooklyn Rapid Transit Employees’ Benefit Association. The employees claim, however, that this association is within the direct environment, if not actually under the control, .of the company itself. The form of the benefit association seems to have been changed ftom time to time, but one feature which has persisted is that the preaid ent of the company has appointed the president of the association, and the president of the association has either himself conducted the elections or aepan ed persons to do so. It is claimed that this has never resulted in a suggestion of unfairness, but where the issue is acute and a company- formed association is offered as a substitute for an association of the voluntary formation of the men, the slightest suspicion of an opportunity for unfairness on the part of the employer is itself a reason for questioning the usefulness of such an organization. Without further discussion of the merits of this last-named association, it is easy to see why it is not regarded by a considerable portion of the men as a satisfactory medium for their collective action; and under the principle hereinbefore set forth the men are free to join such organization as they may select themselves and to appoint such persons as their representatives whom they may regard as most suitable tothem. Following the section of the proclaimed principles of the board above'set forth, it must be ruled that the employees of the company who desire to become members of the Brotherhood of Locomqtive Engineers, or any other legitimate labor organization, shall be permitted to do so without denial, abridgment, or interference upon the part of the company. To avoid a misconception of many employers we wish to say that we are not here deciding that the railroad company must recognize, deal with, or make a contract with the Brotherhood of Locomotive Engineers. We are not unionizing the employees of the company in the sense of making its organization a closed shop. ; nder our principles the company, not being bound otherwise by any contract or agreement with the union, may refuse to receive and deal with any committee but one ofitsown employees. Butit can not barits employees from joining such unions and organizing such unions as they choose. If these employees see fit to follow a lawful course toward the company advised or directed by a national or international union including in its membership many others than their own number, it is their right and the company may not prevent them from so doing and may not complain. For the foregoing reasons we make the following findings: Right to organize.—The right of the workers of this company freely to organize in trade unions, or to join the same, and to bargain collectively, is affirmed, and dis- charges for legitimate union activities, interrogation of workers by officials as to their union affiliations, espionage by agents or representatives of the company, visits by officials of the company to the neighborhood of the meeting place of the organization for the purpose of observing the men who belong to such unions, to their detriment as employees of the company, and like actions, the intent of which is to discourage and prevent men from exercising this right of organization, must be deemed an inter- ference with their rights as laid down in the principles of the board. @ Reinstatement.—We therefore recommend, as the only just basis for a proper settle: ment of this controversy, that the New York Consolidated Railroad Co. reinstate to their positions the following employees whom we find to have been dismissed pri- marily because of legitimate union activities, with full pay for all time lost from the dates of their several dismissals, minus any intervening earnings in other employ- ments, as follows: NEW YORK CONSOLIDATED RAILROAD CO. 265 Badge Date of Name. No. discharge. 39 | Sept. 16, 1918 607 | July 1, 1918 5 Css 261 | Sept. 1 : Cornell, Geo. R. 409 i oti *| Callery, Patrick 7,064 | Aug. 8, 1918 Devine, D. F........... ofsexewmnees Aug. 29, 1918 Dunleavy, John...........2....... 332 | Sept. 16, 1918 Dixon, JOHN... sec cevccscsesmeonvese 667 | Aug. 6, 1918 Falk, Joseph. ara 7,043 | Sept. 18, 1918 phen 416 | July 19, 1918 Fitzell, M. T. 615 | Aug. 8 1918 Gaskell, Chas. 553 | Aug. 1, 1918 382 | July 18, 1918 Hogarty, James........_. : 202 | Aug. 29, 1918 Johnson) Wm... 12.2222 694 ue 1, 1918 Kramer, Theo...........2.-..2...- 617 | Aug. 5,1918 Lenty,J..... AS 671 | Sept. 7, 1918 7,080 | Aug. 3, 1918 534 | Tuly 17, 1918 649 | Sept. 6, 1918 691 | Aug. 22) 1918 Rave, Henry.............-...- sil oningrenteaiets July 18, 1918 Prescott, W. G...........200 ee 4 334 | Aug. 29, 1918 Smith, Joseph..........2..2....22. 7,043 | Sept. 18, 1918 Schaefer, J. J..... 336 | Aug. 30, 1918 Schmidt, Wim. . 145 | Aug. 1918 Steininger, G. H 659 | Aug. 5, 1918 Trauerts, C. 8... 297|° Do. Whitfield, John cisssssc| 7,060 | Aug. 15, 1918 In the case of. Fred Eisenbach, John Finneran, Olaf Rasmussen, and James Seery, for whom reinstatement appears to have been asked, no evidence was introduced and therefore we do not include them in the list of reinstatements. : In the case of J. J. Donnelly, it appears that he was not dismissed, but left the service of his own volition, and therefore we take action as in the last-named cases. In the case of Henry Paton, who was discharged in March, 1918, and is now employed by the Pennsylvania Railroad; while it appears that his discharge may have been influenced by his union activities, nevertheless it seems that he is not entitled to be considered a party to the present proceeding and his reinstatement is therefore not included in this finding. In the case of former motorman Henry Kuhn, we find that while he is a man of long experience and of unquestioned skill in his calling, that he has, perhaps due to his long service, grown somewhat indifferent, if not negligent, in the performance of his duties. In addition to this, it would seem that Mr. Kuhn’s duties with respect - to his local union (without criticising his conduct or denying his lawful right to so act) seem to take him increasingly away from his regular position with the company, and for these considerations, in our opinion, he should not be among those to be rein- stated. In the cases of George Gaskell, Thomas Finn, James Smith, and Louis Jacob Zucker, the records of these men as developed during the hearings seem to indicate that they are not qualified for the responsible positions of motormen or motor switch- men, and, therefore, it is our opinion that they should not be reinstated to their former positions; without prejudice, however, to their securing employment in other occupations more nearly suited to their capabilities. We have reached these conclusions with the hope that they may be made the basis for accommodation between the employer company and the dissentient em- ployees. We think our principles may be misunderstood by both sides, and we have, therefore, set them forth with as much elaboration as seems proper. We leave to the company and its employees, without further specification, full opportunity to come to an agreement in the light of these principles, and our recommendations have been made with the hope that a just and full accommodation, satisfactory to both parties in a proper spirit may be reached without interfering with the contiuued usefulness of the important transportation system which the company has the responsibility for carrying on. e Wa. H. Tarr, Frank P. Watsn, Joint Chairmen. 266 CHAP, V.—AWARDS OF NATIONAL WAR LABOR BOARD. Findings and Award in re Amalgamated Association of Street & Electric Railway Employees of Amefica, Division No. 759, v. Ohio Electric Rail- way Co., Lima City Lines. ‘ 296. January 15, 1919. The undersigned were selected as a section of the National Wat Labor Board to hear this controversy, and hereby report to the board the following ffadines and award: Wages.—The rates are fixed for the period of the war only, and thetefore there has been substituted for more extended graduation of rates by ‘yeats a shorter period for theincrease. The wages for motormen and conductors shall be: For the fitst three months of service, 38 cents per hour. For the next nine months of service, 40 cents per hour. Thereafter, 42 cents per hour. ae Existing working conditions and differentials paid for special services shall continue, Time and one-half.—Request for time and one-half for overtime is not granted. Working conditions.—Rules governing pay for regular men, call duty for regular men, pay for tripper service‘and for extra men, division of work for extra men, postin car numbers, checking up reports, printing of rules governing traveling public, shal remain as at present. Employment of extra men.—The number of extra men to be employed is within the jurisdiction of the company. Discrimination.—The evidence discloses no interference by the company with the eee of the employees to join the union. However, our peas Tecognize and affirm the right of workers to organize in trade unions and to bargain collectively through chosen representatives. } Reinstatement and leave.—The question of reinstatement and pay for suspended or discharged employees, and granting of leave of absence to committees representing employees, are matters to be settled between the company and the employees. Any specific grievances arising may be presented to this board for decision. ; Interpretation of award.—For the wees of securing a proper interpretation of this award the secretary of the National Wat Labor Board shail appoint an examiner, who shall bear any differences arising in respect to the award between the parties and promptly render his decision, from which an appeal may be taken by either party to the board. Pending a final adjudication upon the appeal the decision of the exam- iner shall be binding, except.as provided in the rules of the board. Date effective —The award is to take effect as ef October 21, 1918, and shall continue until the end of the war as announced by Executive proclamation, except that either party may reopen the case before the board at periods of six months’ interval beginning August 4, 1919, for such adjustments as changed ‘conditions may render necessary. he company shall be allowed until May 1, 1919, to make payments to its employees of the back pay due them under this award. Financial recommendation.-This increase in wages will add substantially to the operating cost of the company and will require a reconsideration by the proper regu+ lating authority of the fare which the company is allowed by law to collect from its passengers. - . We make part of this award the words we have used in the award in the Cleveland case: : We have recommended to the President that special congressional legislation be enacted to enable some executive agency of the Federal Government to con- sider the very perilous financial condition of this and other electric street railways of the country, and raise fares in each case in which the circumstances require it. We believe it to be a war necessity justifying Federal interference. Should this be deemed unwise, however, we urge upon the local authorities and the people of the locality the pressing need for such an increase adequate to meet the ailed cost of operation. ‘ : This is not a question turning on the history of the relations between the local street railways and the municipalities in which they operate. The just claim for an increase in fares does not rest upon any right to a dividend upon capital long invested in the enterprise. The increase in fare must be given because of the immediate pressure for money receipts now to keep the street railways running so that they may meet the local and national demand for their service. Over- capitalization, corrupt methods, exorbitant dividends in the past are not relevant to the question of policy in the present exigency. In justice the public should pay an adequate war compensation for a service which can not be rendered except ‘or war prices. The credit of these companies in floating bonds is gone. Their ability to borrow on short notes is most limited. In the face of added expenses which this and other awards of needed and fair compensation to their employees NEW YORK CENTRAL IRON WORKS CO., HAGERSTOWN, MD. 267 will involve, such credit will completely disappear. Bankruptcy, receiverships, and demoralization, with failure of service, must be the result. Hence our urgent recommendation on this head. Wn. H. Tart, Bast, M. MANLEy, Joint Chairmen and Section. Findings in re Employees v. New York Central Iron Works Co. (Inc.), Hagers- town, Md. 297. September 26, 1918. In the case of employees versus the New York Central Iron Works Co. (Inc.), of the city of Hagerstown, Md.: . Agreement on all points at issue having been reached by the parties to this con- troversy at the request of both parties that said agreement be given the formal sanction of the National War Labor Board, it is hereby affirmed. Said agreement signed and executed at Hagerstown, Md., on the 9th day of September, 1918, is attached hereto and made a part of these findings. Duration of award.—This award is made retroactive until August 5, 1918, and shall be effective for the duration of the war, aoe that either party may reopen the case beforethe National War Labor Board at periods of six months’ interval, but in no event before February 1, 1919, for such adjustment as changed conditions may render necessary. * Interpretation of award.—In the event of any differences arising between the parties with respect to the interpretation of this award, the secretary of the National War Labor Board shall ee an examiner, whoshali hear such differences and promptly render. his decision, from which an appeal may be taken by either party to the National War Labor Board. Pending such an appeal the decision of the examiner shall be enforced. JOINT SUBMISSION OF EMPLOYER AND WORKERS. SerremBer 9, 1918. At a meeting of the officers, directors, and principal stockholders of the employer, New York Central Iron Works Co. (Inc.), the committee of five employees representing the workers, and John J. K. Caskie, examiner of the National War Labor Board, held at the offices of the company in Hagerstown, Md., on Saturday, 7 September, 1918, at 1.30 o’clock p. m., after full discussion it is agreed, and both employer and workers do hereby earnestly urge, that the following points be incorporated in the award of the National War Labor Board in this matter at its first meeting after this date when it will be possible for the board to give the matter its consideration, upon this submission and the report of the examiner, and without further hearing, in order to expedite the matter so that work may continue without interruption. 1, The employers shall meet with a committee chosen by the workers and there shall beno discrimination for or against nonunion men, The rights of workers to organize in trade unions is recognized and affirmed. This right shall not be denied, abridged, or interfered with by the employer in any manner whatsoever. The workers, in the exercise of their right to organize, shall not use coercive measures of any, kind to induce persone ha join their organizations nor to induce their employers to bargain or deal erewith. 2. A 9-hour basic day, six days in the week, shall apply in this plant. Time and one-half shall be paid for overtime and holidays. Holidays shall consist of New Year’s Washington’s Birthday, Lincoln’s Birthday, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. ; 3. A committee of five shall be chosen by the workers by secret ballot at an election to be held and supervised by the committee of five workers'signing this agreement and the general manager and the superintendent of the plant. If any individual worker is unable to settle a point of difference with the superintendent, the worker shall have the right to present-such point of difference directly to the general manager or through the committee of five to beso elected. Should any worker on the committee cease to be employed at the plant, his place on the committee shall automatically become vacantand shall be filled in the manner prescribed for the election of the committee. 4. Where women are employed on work ordinarily performed by men they shall be allowed equal pay for equal work and shall not be allotted tasks disproportionate to their strength. 268 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. 5. The maximum production of war materials shall as far as possible be maintained, and methods of work and operation on the part of workers or employer which tend to delay or limit production, or which have a tendency to artificially increase the cost thereof, shall not be permitted. 6. The entire pay roll has been gone over by the management, officers, and com- mittee of workers, together with the examiner of the War Labor Board, Mr. Caskie, and each man has been classified and his rate of pay set oppogite his name on said roll by full agreement of workers and employer. Copy of said roll and a classification is hereto attached. 7. All wage advances to be retroactive as of August 5, 1918. For the Company: For the Workers: D. A. SticKELL. J. W. Grimm: Max §S. Hieerins, General Manager. O. R. Nyman. Wiruam Wincert, Secretary. C. V. Sirs. C. E. Piacg, Superintendent. Roy Garanp, GEORGE WILEs, The following schedule of wages is hereby agreed upon: Per hour Te BAY Cr OU be ica te antenwidercama nea mec eeetermcieniin schuele eaioverw bcrocaarenatorn $0. 75 2. Assistant lay ereOUtis cc accrue iatnrcs aaesemincaracmdre ened new 50 3. Flange turner, first-class............-------+-----+--+---+-+-- -70 4, Flange turner, second-class............--..--2-------------- 55 5. Caulker and all-around boiler maker...........-.--.-.------- . 68 6. Hand and hydraulic riveter, first-class.............-.-...---- . 60 7, Hand and hydraulic riveter, second-class. .........-.------- . 50 8. Machinist, first-class..........-..--- Pe sg alde eran mtbcbiere ayia hese . 60 9. Machinist and drill man, second-class........-..2..-..--..-- 45 MOS, PVT CBN I osc seceat ot ecm) Grn annadu ses casamiedessnd atepasb ined serncehtyasonccoresianeNe 55 11. Shear and roll man.............02...-2-022---5--0020- 2-0 -0-- .55 12. Fitter-up, first-class. .-.....--..---.---- . 60 13. Fitter-up, second-class . 50 14 FROAM CP. teciaeteranctar seer eerie ene ee cee aE ealtis .55 15. Rivet heater, first-class............----2-.--- 222-222 ee eee eee 25 16. Rivet heater, second-class.....:.......-----2--+-+-20--+-00-+- . 20 De Bla C beam Bigs cserercesan waite sicotteiels cneechgear ncharn rnin eeteltematerrer ee . 65 18. “Leater; first-clase:s.2.0c2cecusnseaawulneset devel net ges ses . 55 19. ‘Tester, aecond-Clastwwevecs oases casera sewenar asses ees ree OO 20. Helper, first-class.............. Jo KAERNENENS Aeeee ERROR . 45 21. Helper, second-class..-....--..--..--+++0++ 022s e eee eee eee . 40 22. Ordinary laborer... one te winced neice sSdawteretnt desea . 40 OS): Weldon, first-Clasas. <.a: 45 29. Crane, 3 and 5 ton (women)............ 220. eee e eee eee eee eens . 40 30: Engineer and: fireman sy jesse wien, iscicasiskteninadauteeanrtic . 40 SL, Pipe fitters 2 som xasnesss axweernenn ee ack uve numanyese arenas . 50 32. Night watch Men. s:sscasesvieen sews veueveseeee es pernight.. 2.75 33. Superannuated handy men..............--.....-- perhour.. .30 For the Management: Committee: - D. A. StickEtt. J. W. Grium. Max 8. Hicatns, General Manager. O. R. Nyman. Witiam WInGERT, Secretary. C. V. Surrs. C. E. Prack, Superintendent. . Roy GARLAND. GerEorGE WILEsS. 13 Pay roll not printed in this report. A. H. PETERSON MANUFACTURING CO., MILWAUKEE, WIS. 269 Award in re Philadelphia District Council, United Brotherhood of Carpenters and Joiners of America, v. George W. Smith Co. (Inc.), and Kramer Wood- working Co., Philadelphia, Pa. 315. November 19, 1918, The rate of wages of employees engaged on ship-joinery work shall be the ra’ awarded by the Macy Board, namely, 80 cents per ine, a : . This award applies only to employees when engaged on ship-joinery and millwork made specifically for ships being built under the control of the Emergency Fleet Corporation. The rate of wages to be paid to employees when engaged on all other classes of work shall be the rate paid under agreements between the Philadelphia District Council, United Brotherhood of Carpenters and Joiners of America, with other employing concerns doing work other than that specified above az ship-joinery work in the city of Philadelphia. This award is to take effect as of October 1, 1918, and shall continue for the duration of the war except that either party may reopen the case at periods of six months’ interval, beginning May 1, 1919, for such adjustments as changed conditions may render necessary. _ The company shall be allowed until December 15, 1918, to make the payments to its employees of the back pay, if any, due them under this award. C. A. Crocker, T. M. Guerin, Section. Award in re Machinists v. A. H. Petersen Manufacturing Co., Milwaukee, Wis. 820. March 14, 1919. Hours.—Eight hours shall constitute a day’s work. Overtime.— Time and one-half shall be paid for all overtime, and double time for Sundays and holidays as are fixed by the statutes of Wisconsin. Collective bargaining.—The right of workers to organize into trade unions and to bargain collectively through their chosen Se is recognized and affirmed. The workers shall have free choice in the selection of committees from among them- selves to represent them, ard the employers shall meet with committees of their own employees for the purpose of adjusting any grievances which may arise. Discrimination.—The principles of the National War Labor Board recognize the right of employees to organize into trade unions and to bargain collectively, and there shall be no discrimination or coercion directed against proper activities of this kind. Employees in the exercise of their right to organize shall not use coercive measures of any bad to compel any person to juin their union, or to induce employers to bargain or deal with their unions. Wages.— Machinists and toolmakers, 72 cents per hour. Specialists, 56 cents per hour. achinists’ helpers, 49 cents per hour. : Termination of award.—This award terminates as of January 30, at the time the men went on strike, and is made applicable conditional upon the strike being ‘promptly called off. Retroactive.—This award shall be retroactive to the date of August 17, 1918, and the company shall be given until April 15 to make payments of retroactive wages as provided herein. . : Retroactive pay shall apply to all employees under the above classifications who were in the service of the company between the dates of August 17, 1918, and January 31, 1919, to be computed on number of hours worked. a ees H. O. Surrz, Wa. H. JouNSTON, © Section. 270 CHAP. V.-—AWARDS OF NATIONAL WAR LABOR BOARD. Award in re Foundry Employees (not Molders o Coremakers) v. Baker Manufacturing Corp., Saratoga Springs, N. Y. 335a. February 19, 1919. _ Hours.—The hours shall remain as heretofore. Time and one-half for overtime. Double time for Sundays. Wages.---The minimum wage shall be 46 cents per hour. Retroactive pay.—This award shall be retroactive to August 27, 1918, the date of sub- mission. Back-pay wages to be paid on or hefore March 15, 1919, Duration.—This award shall he in effect until 30 days after cither party serves notice on the other of the desire to terminate the same. T. M. Guerin, Josern W. Marsn, Section. Award in re Employees v. Pittsfield Machine & Tool Co., Pittsfield, Mass. 337. November 21, 1918. Wages.—The wages to be paid the employees in the Pittsfield Machine & Tool Co. shall be the same rate of wages paid by the General Electric Co., of Pittsfield, to their employees in similar occupations. Shop committee.-—There shall be elected forthwith a representative shop committee in conformity with the plan approved by the board. , Administrator.—An administrator, preferably Mr. Stoddard, shall be detailed to ascertain the rates of wages that should be paid under this award and assist in applying these rates to the emplovees of the Pittsfield Machine & Tool Co. The administrator in conference with the officials of the company and the employees, shall determine ie bi and membership of the shop committee, and shall supervise the first election ereof, Date of award.--This award shall be effective as of September 3, 1918, and shall con- tinue for the duration of the war bea that either party may reopen the case at periods of six months’ interval, beginning February 1, 1919, for such adjustments as changed conditions may render necessary. The company shall be allowed until December 15, 1918, to make payments of any back pay due its employees under this award. Frev Hewrrt, C. A. Crocker, Section. Award in re International Association of Machinists v. American Locomo- tive Co., Paterson (N. J.) Works. 338. November 20, 1918. This case comes hefore the board upon joint submission by the parties at interest, the International Association of Machinists, representing the employees, and has to do only with the question of hours, the company and its employees having agreed upon all other matters. While the request. of the employees was for a basic 8-hour day, it de- veloped during the hearings which were held before an examiner, October 32, 1918, that the employees would prefer to have the Saturday half holiday, owing to the fact thatitis the customin Paterson forall, or the majority, of the workers to quit at noon, and that if the 48-hour week were granted the employees and the company would have no difficulty in arranging the hours satisfactorily to both parties. In view of these circumstances, the section recommends to the board for its adoption the following award: : That the request of the employees for a 48-hour week be granted, and that the num- ber of hours to be worked each day be left in the hands of the company and a committee representing the employees, the creation of which is already provided for in the under- standing reached by the company on all the questions except that pertaining to hours. This award shall be effective as ot this date, November 20, 1918. Frep Hewirt, W. H. Van Dervoort, Section. NILES-BEMENT-POND CO., PLAINFIELD, N. J. 271, Decision in re Machinists v. Niles-Bement-Pond Co, Plainfield, N. J. 339. December 10, 1918, To the NationaL War Lasor Boarp: The undersigned having been called in as umpire to hear the above-entitled pro- ceedings the case was argued and the record and other data submitted on the 5th day of December, 1918, and having tonsidered the arguments, the record, and the matters submitted at the hearing, I now tespectiully make report as follows: The establishment involved in this controvetsy is now and for a long time has been almost iced engaged in the execution of orders for the Government in connection with war work. ‘The numbet of men directly affected involved in this controversy is between 340 and 400, upwatd of 90 per cent of whorh are union men, but the estab- lishtaent has never been operated as a closed shop, and the question of closed or open shop is not involved. It is contended by the workmen and confirmed by the testi- mony that for many yeats preceding the year 1917 it had been the practice in this establishment for the class of workmen here involved to present their grievances respecting hours of empioyment, wages, or other conditions to the management un their chosen representative, who was not an employee of the establishment; that the grievances so presented were invariably received by the management and adjusted Without any question being raised as to the right of the workers to be represented in such negotiations by such representative. _ : Tn the year 1916 2 new manager was installed in the establishment. In December of that year the workmen, through the same representative who had acted for them previously, presented application for an increase in wages. The new manager de- clined to recognize or to negotiate with the representative, for the reason, as he stated, that he was not an employee of the establishment, but an increase of wages was granted some time afterwards, so that the question of the right of the men to be represented by an outsider femained in abeyance so far as the men were concerned until the month of May, 1918. At that time another demand for increase was presented by the men and in like manner as before. The management again refused to recognize or négo- tiate with the representative chosen by ihe men and for the sate reason that he assigned on the fortner occasion. : On August 18 last a request was presented to the management for the establishment of a thinimum rate, and also that in the event that this was refused the matter be referred to the War Labor Board for investigation and action. These requests were yefused, and all the men except one ceased to work. In the afternoon of that day, as the result of negeatons conducted by Maj. Tole, of the War Department, the men feted to work, and subsequently the question, now at issue were submitted to the National War Labor Board for decision. The questions submitted by the company and concurred in by the workers are as follows: 1. Whether the management of the Pond Works shall accept as “chosen repre- sentative” of the machinists the business agent of the local union, who is not one ‘of the employees of the Pond Works. _ 2. "The wage scale. On the foregoing statement of facts it is contended by the workmen that they were Within their right in asking to be heard through a representative of theit own choosing under the general rule laid down by the National War Labor Board in the statement ot pene and policies, which reads as follows: : a a @ right of workers to organize in trade-unions and to bargain collectively through chosen representatives is recognized and affirmed. This right shall not be denied, abridged, or interfered with by the employers in any manner what- soever. ee Gh the other hand, it is contended by the company that after January, 1917, it had refused to ineet with any representatives of its workers except employees engaged in the establishment for the consideration of any questions arising out of the employ- ment, and that therefore it was justified in refusing to meet an outsider as representa- tive of the workers under the exception to the general rule above stated, which reads: In establishments where union and nonunion men and women now work together and the employer meets only with Rie as ot tepresentatives en- gaged in said establishments, the continuance of such conditions shall not be deemed a grievance. This declaration, however, is not intended in any mannet to deny the right or discourage the practice of the formation of labor unions or the joining of the same by the workers in said establishments, as guaranteed in the preceding section, nor te prevent the War Labor Board from urging or any umpire from granting, under the machinery herein provided, improvement of their situation in the matter of wages, hours of labor, or other conditions as shall be found desirable from time to time. 272 CHAP, V.—AWARDS OF NATIONAL WAR LABOR BOARD. The first sentence of the paragraph last quoted standing alone would tend to support the contention of the company, for it is clear that at the time of the adoption of the principles and policies referred to the company would meet only with employees of the establishment. But in the application of the exception to the facts in this case it is necessary to consider all the language of the exception. The exception does not in any manner modify the general principle of the right of the workers to act through chosen repre- sentatives. It aly provides that in cases where this right has not been exercised by the workers it should not be deemed a grievance if the employer declines to con- cede it during the war. There is nothing in the language, however, to indicate that under special circumstances the refusal to meet the chosen representatives of the men may not constitute a grievance. In an establishment where the practice has been uniform one way or the other, it was quite natural for the board to lay down the rule that the continuance of such practice during the war should not constitute a grievance; but where, as in this case, there had been an apparently arbitrary change, such change might well constitute a grievance. To cover such exceptional cases the board re- served full power to redress the grievance, and in the very next sentence of the para- graph prada with striking emphasis that notwithstanding the exception the War Labor Board was not to be prevented from urging, or any umpire from granting, improvement of the workers’ situation in the matter of wages, hours of labor, or other conditions as should be found desirable from time to time. ; Under the language of this proviso I can not escape the conviction that it will tend to allay the feeling of irritation and resentment caused by the change, and improve the workers’ situation in this establishment, if they be restored to their former condi- tion of right to meet the employer with their chosen representative. In the cases cited at the argument this question had not been specifically submitted to.the board asin thisinstance. In view of the general rule, the considerations above referred to, and the fact that this issue is Bpeciically submitted in this case, I decide— That the workmen of the Niles-Bemet-Pond Co. are entitled to meet their employer through and by a representative or representatives of their own choice, whether such representative be at the time an employee in the establishment or not. nk: The question of the modification of the wages is more embarrassing, on account of the meagerness of the record on that subject. The evidence so far as it relates to the scale wages and the reports of the examiners in like manner seem to concede that an increase might be granted. ; The argument was largely devoted to a discussion whether such increase should be by the application of minimum rates to the several classes of workmen or by a percentage increase of the wages now paid.. I find the record and the data before me wholly inadequate to justify any attempt at classification for the purpose of establishing minima for the several classes of workmen. ; The question of determining what is a fair wage is always a difficult one and es- pecially so at the present moment when industry as a whole is disturbed by many untoward conditions. In the present situation I do not think that it would be either wise or just to be guided in any large degree by the very high scale of wages that was established by the Government while we were actively engaged in hostilities, for the purpose of stimulating war production. From the data available in this case I decide that those of the workmen who received more than 65 cents per hour on August 19, 1918, are entitled to an increase effective from that date of 5 per cent in addition to the rate per hour which they are now receiving; those who on August 19, 1918, received 59 cents an hour or more, not exceeding 65 cents per hour, are entitled to an increase from that date of 74 per cent per hour in addition to the rate per hour which they now receive; and those of the workmen included in this proceeding who on August 19, 1918, received less than 59 cents per hour shall receive an increase effective from that date of 10 per cent in addition to the rate per hour which they now receive. This decision to be in force and opetation during the period of the war. Joun Lino, Umpire. PROTEST OF UMPIRE’S DECISION BY THE RESPONDENT. December 17, 1918. NationaL War Lasor Boarp, Washington, D. C. GENTLEMEN: In this matter the questions submitted to the board and the Hon. John Lind as umpire were (1) whether the company should accept as the chosen representative of its machinists the business agent of the local union, who is not an employee, and (2) wage scale. NILES-BEMENT-POND 00., PLAINFIELD, N. J. 273 The award of the umpire decided the first question in the affirmative, and the oe reel protests that decision as against the principles and decision of this board. Before making submission the company was advised that the principles of the board justified the company in refusing to meet any outsider if, at the time the board was created, it was meeting only with employees or representatives engaged in said estab- lishment. The umpire has reached the opposite conclusion contrary to this fundamen- tal platform, and holds that the company can be compelled to recognize an outsider, although it has consistently refused to do so since November, 1916. This is 2 funda- mental error, due undoubtedly to the umpire’s unfamiliarity with the history of this matter, but nevertheless requiring reconsideration. t The princi les themselves sustain our position, and the decisions of the board and of the joint chairman leave no room for doubt. In the Western Union case the joint chairmen ruled ‘‘that the Western Union would receive a committee of its own men only.’ In the cases of New York Consolidated R. R. (Docket No. 283) and Employees y. Columbus Railroad Co. (Docket No. 302), they ruled that. ‘under our rinciples the company, not being bound otherwise by any contract or agreement with the union, may refuse to receive and deal with any committee but one of its own employees.” There are other cases holding the same implications. Employees v. St. Joseph Lead Co., Docket No. 16; Employees v. A. M. Byers & Co., Docket No. 134; Employees v. Dayton Railway Co. et al., Docket No. 150.) The clause in the principles upon which we rely is the sole safeguard against the closed shop and outside representation, and if its express provisions are subject to nullification by reason of the cautionary clause which follows, then any umpire who feels that circumstances justify it can order the open shop to operate a closed shop with just as much force as he can order it to recognize an outside representative. The result would be that the main consideration which led the employers to make substan- tial concessions would be withdrawn and the modus operandi undermined. Confi- dence in the board will be badly shaken if the individual opinions of the umpire can operas contrary to the letter and spirit of this industrial constitution. And there is a more serious difficulty. If the status quo ante test is to be discarded, as it is in this case, then the-most con- troversial questions of the open shop, union shop, and union recognition will be re- opened and agreements on the board made more difficult. The board can not con- sistently sustain the union shop and union recognition on the theory that is was the established policy at the time the board was created, unless it is willing to sustain the open shop and nonrecognition on the same theory. Under the head of ‘‘Existing Conditions” the clause upon which we rely says that “in establishments where union and nonunion men and women now work together and the employer meets only with employees or representatives engaged in said establishments, the continuance of such conditions shall not be deemed a grievance.”’ Applying familiar principles of construction, this clause of the principles permitting nonrecognition of an outsider is not to he wiped out by the later clause permitting improvements ‘‘in the matter of wages, hours of labor, or other conditions,’’ for the words “other conditions”’ are to be construed by their surroundings as relating only to matters like wages and hours. The obvious purpose of this supplemental clause is to make clear that the hoard has the power to regulate wages and such matters even in open shops where it is forbidden to interfere with existing methods of dealing with employ- ees, The board should endeavor to correct a ruling which relies upon such general words to overturn the bargain reached by capital and labor, and the accepted con- struction which. both of these interests have given this bargain, and we hope that all representatives on the board, realizing that such a decision is conceived in misunder- standing, will join in making corrective suggestions to the umpire on this appeal. MISTAKES OF FACT. While the company denies that it ever recognized a union representative, there was some meager evidence that such a representative was occasionally admitted to the office of the company prior to December, 1916. No serious attempt was made to tefute this evidence whieh was thought to be irrelevant when by the complainants own testimony it appeared that Mr. Cleaver, who became the new manager of the company in November, 1916, had from that time at least consistently refused to recog- nize the union representative. If this action by Mr. Cleaver did constitute any change of policy, which the company denies, it was a change naturally accompanying a change in management, made in good faith and in the ordinary course of business, a change made months before any consideration of the status quo ante, five months before the 42663°—21—— 18 274 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. United States declared war, and eighteen months before this board was created, Such action ‘could mot have been taken with any ulterior purpose. oe The umpire finds that the new manager declined to recognize the union tepresenta- tive.in 1916, but he is under a misapprehension ‘as to what the record shows when he says ‘‘that the question of ‘the right of the men to be represented by an ‘outsider te- mained in abeyance, so fat as‘the men were concerned, until the month of May, 1918.” To begin with, the men couldn’t keep such a matter in abeyance, because it is not ‘dependent on anything they ‘do. Secondly, the testimony of the complainants is to the contrary. The union representatives were told by the new manager in December, 1916, ‘‘that he could not meet them and that he wanted to do business with‘a commit- tee of hisown men.’’ (Reiley, 8.) The business agent himself states that:alll alleged negotiations between the company and the union representative stopped in December, 1916 (Reiley, 42), and connects this alleved ‘change of policy with the change of man- agement (Reiley, 42). In January, 1917, the union representatives tried again to zxeach the new manager, who refused ‘to deal with them (Reiley, 8, 9), whereupon the ‘employees, recognizing the company’s position, appointed a committee of ‘eleven which * called on the manager in. February, 1917, when it demanded a 10 per ‘cent increase and received a 5 per cent (Reiley, 9; 155-6; 176). Again, in the fall of 1917, Mr. Reiley ‘sought an interview and was informed by the manager that ‘‘he did not care to do it’’ (Reiley, 10). Again in the spring of 1918 he tried unsuccessfully by ‘telephone to arrange a conference (Reiley, 11) and then stated, ‘‘Mr. Cleaver, there will be no com- mittee from the shop calling on you in this case’’-(156). On July 27, 1918, when Mr. ‘Reiley sent in a petition ‘of the men to recognize him, the management wrote him a letter of refusal which Mr. Reiley himself :construes-as ‘‘practically reiterating the stand ‘of ‘the company since he (the manager) had been in control ‘of their affairs docally’’ a Thereupon, the men, acting under the advice ‘of their own officials in August (156) again appointed a committee which ‘called wpon ‘the firm (Reiley, 80). Thus, it appears from the contradicted testimony of the complainants themselves, that since November, 1916, the company had consistently refused to recognize the union representative and the men had accepted this position and on at least two occa- sions had appointed committees to call upon the management. Such-a record does not justify the statement of the umpire ‘‘that the question of the right of the men to be represented by an outsider remained in ‘abeyance so far as the men were concerned until the month of May, 1918.’’ We submit that, regardless of what the company:did prior to December, 1916, in this matter, it-can not now be properly ordered to abandon a practice of two years’ stand- ing, which was established in good faith long before the United States entered the war. Wherefore the company prays that this board retirn-said award to the umpire with ‘appropriate suggestions for modification and correction in the premises, or that the com- pony, e-accorded stich rights by way of rehearing or appeal as the procedure of the board permits. : Respectfully submitted. . Water Gorpon Merairr, Attorney for Respondent. UMPIRE’S REPLY TO PROTEST OF RESPONDENT. January 7, 1919. Nationa War Lasor Boarp, Washington, D. C. GENTLEMEN: On December 23 last the secretary of your board wrote me: The board has directed me to transmit to you for your consideration the inclosed protest filed by Mr. Walter Gordon Merritt, attorney for the respondent, in re your award in Docket No. 339, Machinists v. Niles-Bement-Pond Company. This pro- test was read to the board at the executive session of last week. ‘ I have carefully considered Mr. Mefritt’s protest, but find no prounds for modifying the umpire’s decision or the views expressed in the memorandum accompanying it. As I read and understand the ee formulated by the board it isonly in union shops that the board pledges itself to the maintenance of the conditions existing at the time the principles were adopted. In other shops, ‘sich a8'this, the board reserved full {power and control. of all the conditionsin the shop. It only provided that the refusal of the employer to meet nonemployees as representatives of employees should not constitute a grievance. Whether the employees in this establishment could ‘have predicated a gtievance on the changed attitude of the corporation in this case is really beside the question, CERTAIN EMPLOYERS OF RIDGWAY, PA. 275 for that specific question was by the joint action of the employer and employees sub- mitted to the board and to the umpire as one of the orievanced to be passed iipon. Very respectfully, your obedient servant, . JoHN Linp. Received by the board January 16, 1919. ere Award in re Molders v. Certain Employers of Ridgway, Pa. 349. December 20, 1918. To the Natrona, War Lasor Boarp: Your section in the case of Molders’ Union versus four certain employers at Ridewa Pa., have reviewed the case and make the following report: des sa The questions in controversy were wages, hours, and retroactive pay. It appears that one of the four respondents (the Eik Tannery & Foundry Co.) did not make a submission, though it appeared at the hearing; only four molders or core- makers are employed by it; we include it in the award with the qualification that in its case the award is to be considered only as a finding-or recomméndation. ' The situation in the locality as regards living conditions, industry, etc., is practically ‘on a par with Waynesboro, and we have, therefore, fixed the same rate for molders in this case as was fixed in the Waynesboro award, namely, 65 cents per hour. It appears from the record that two of the respondents, employing nearly 90 per cent of the molders and coremakers involved in this case, are working on the basic Shour day; wherefore we include the same in our award. All of the companies respondent, when they submitted, agreed that the award should be made retroactive to August 11,1918. The Elk Tannery & Foundry Co. did pe sub but subject to the qualifications above mentioned we included it in e award. Your section therefore recommends that the board adopt the following as its award in this case, namely: Awarp.—LocaL No. 277, INTERNATIONAL MotprrRs’ Union or NortH AMERICA Vv. Nites-Bement-Ponp Co., Ripaway Dynamo & Encine Works, ELK Tannery & Founpry Co., anpD Rripegway Manuracturine Co., or Ripaway, Pa. Wages. —The minimum wage for molders and coremakers shall be 65 cents per hour. Hours of labor and overtime.—(a) The regular basic 8-hour day shall be applied. All time worked in excess of eight hours within any one day shall be considered overtime and shall be paid for at the rate of time and one-half, but any time worked on Sundays or holidays shall be considered extra time and shall be paid for at the rate of double time. p : By mutual agreement between the management and the workers the daily working schedule may be so lengthened as to permit of a half holiday on one day of each week. (b) For the purpose of securing the equitable application of section 2 (a) and adjust- @ all differences which may arise between the management and the workers in regard to its operation, a permanent committee of four persons is hereby created in each shop, two of whom shall be designated by the management of the plant and two by the workers, the decisions of any three of whom shall be binding. In the event of failure of the committee to reach an agreement, the case may be referred to the examiner of the National War Labor Board, whose decision shall be binding except at either party may appeal to the National War Labor Board under the rules of e board. Retroactive feature.—-This award is made retroactive to August 11, 1918. The co nies are granted until January 15, 1919, to make any back wage pay- ments provided for and due under this retroactive clause. Interpretation of award.—The secretary of the National War Labor Board shall assign an examiner to supervise the execution of this award. Should a controversy arise in respect to the interpretation of the award, an appeal may be made to the board under the rules of the board. : : . Duration of award.—This award shall be in effect for the period of the war; provided, that on May 1, 1919, and at periods of six months’ interval thereafter, either party may reopen the case before the National War Labor Board for such readjustment as changed conditions may render necessary. W. L. Hurcaeson, Joserpa W. Marsa, Section. 276 CHAP, V.—AWARDS OF NATIONAL WAR LABOR BOARD. Award in re Molders and Coremakers v. Certain Employers of Williams- port, Pa. 355. December 20, 1918. To the Nationa, War Lasor Boarp: Your section in the case of Molders’ Union versus eight certain employers at Williamsport, Pa., have reviewed the case-and make the following report: ‘The Variety Iron Works, which was originally joined in these proceedings, was in financial difficulties and suspended operations before the hearing took place. It is therefore dropped from consideration. Joint submission was made by the companies on the demands of the men fora 9-hour basic day and a minimum wage of 65 cents per hour; but subsequently the men filed an amended complaint, demanding an 8-hour basic day and a rate of 68 cents per hour. This amended complaint was not served before the submission was signed, nor before the hearing by examiners. The companies contend that the filing of the amended complaint vitiates the joint submission and leaves this board without jurisdiction. i Your section holds that the board has jurisdiction under, and within the limits of, thr original demands and submissions. , The situation as regards living conditions, industry, etc., is much like that at Waynesboro, and we have therefore fixed the same rate for molders in this case as was fixed.in the Waynesboro award, namely 65 cents per hour. 7 As to the hours per day, regardless of any differences that might obtain in the views of your section, the section agrees that under the original complaint and the sub- missions of the companies it can not reduce the hours below nine per day or 54 hours per week, with a provision under which a Saturday half holiday can, be arranged if desired by the parties. : The recognition of shop committees and the principle of collective bargaining were agreed upon and the usual form for these is used in our proposed award. : No demand was made in the original complaint for a retroactive feature, and the submission does not concede it; hence we hold that it can not be included in the award without going beyond the powers of the board under the submission of the respond- ents. _ Your section therefore recommends the following as the award of the board in this case, namely: Awarp.—MoLpERS AND CorEMAKERS’ Locat No. 183 oF THE INTERNATIONAL Mo.pers’ Union or Norto America v. AMERICAN WoopworkInGc MAcHINERY Co. (RowLEY AND HERMANCE AND WILLIAMSPORT Brancues), Lycomine Foun- pry & Macuine Co., N. L. Runpio Founpry, HermMance Macuine Co., VALLEY Tron Works, Wittiamsport RapraTor Co., Dartine Vatve & Macuinery Co., anD Nationat Founpry & Suprty Co. Collective bargaining.—The principles upon which this board is founded guarantee the right to employees to organize and bargain collectively, and there shall be no discrimination or coercion directed against proper activities of this kind. Employees in the exercise of their right to organize also shall not use coercive measures of an kind to compel persons to join their unions, nor to induce employers to bargain with or deal with their unions. As the right of workers to bargain collectively through committees is recognized by the board, the company shall recognize and deal with such committees after they have been constituted by the employees. é Hours of labor and overtime.—The working day shall consist of nine hours. All time worked in excess of 9 hours in any one day (except as herein provided) shall be con- sidered as overtime and shall be paid for at the rate of time and a half, but any time worked on Sundays or on six holidays shall be considered extra time and shall be paid for at the rate of double time. _ The six Relisey shall be: Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and New Year’s Day. By mutual agreement between the management and the workers the daily working schedule may be 80 lengthened as to permit of a half holiday on one day of each week. For the purpose of securing the equitable application of this section and adjustin all differences which may arise between the management and the workers in regar to its operation, a permanent committee of four persons is hereby created, two of whom shall be designated by the management of the plant and two by the workers, the decisions of any three of whom'shall be binding. In the event of. failure of the committee to reach an agreement the case may be referred to an examiner of the National War Labor Board, whose decision shall be binding, except that either party may appeal to the National War Labor Board under the rules of the board. SAN JOAQUIN LIGHT AND POWER CO., TAFT, CALIF. 277 ee ae minimum wage for molders and coremakers shall be 65 cents per hour. Safety appliances and sanitation.—Safety appliances conforming to the recognized State and Federal standards shall be maintained, and adequate sanitary and toilet arrangements and facilities shall be provided by the company. Interpretation of award.—The secretary of the National War Labor Board shall assign an examiner to supervise the execution of this award. Should a controversy arise in respect to the interpretation of the award, an appeal may be made to the board under the rules of the board. Duration of award.—This award shall be in effect for the period of the war; provided, that on May 1, 1919, and at periods of six months’ interval thereafter, either party may reopen the case before the National War Labor Board for such readjustment as changed conditions may render necessary. i Wa. L. Hurcueson, Josepu W. Marsu, Section. Finding in re Employees v. Detroit Forging Co., Detroit, Mich. 365. March 6, 1919. This case comes to the National War Labor Board through the Department of Labor. The employees submit to the jurisdiction of the board, but the employers did not submit directly or in writing and declined to do so at the hearing, although it was the understanding of Conciliator Liller, of the Department of Labor, that they would do so. The principles upon which this board is founded guarantee the right to employees to organize and bargain collectively, and there should be no discrimination or coercion directed against proper activities of this kind. Employees in the exercise of their right to organize also should not use coercive measures of any kind to compel persons to join their unions, nor to induce employers to bargain or deal with their unions. . our section is unable to agree on the question of hours, but in the matter of over- time recommends that employees be paid at the rate of time and one-half for overtime worked in excess of the established hours of the plant, and that they be paid double time for work on Sundays and holidays. Further, that if any differences still exist between the employees and the company on the question of wages an effort be made to adjust them through a committee of the employees, properly constituted by them, and a committee representing the company; and should that fail, that a local arbitrator be selected by the parties, if possible, to adjust these differences. : ' , T. A. Rickert, H. H. Ricz, Section. Finding in re Electrical Workers v. San Joaquin Light & Power Co., Taft, Calif. 368. January 16, 1919. We find the work involved came under Federal Oil Inspection Board of California and that this case was passed upon by that body and award made. eines We approve of the award made-by the Federal Oil Inspection Board of California, as we feel that a journeyman electrical worker should have four years’ experience before receiving $7 a day for 8-hour workday that the award provides for. : We attach a full copy of the decision of the Federal Oil Inspection Board for Cali- fornia as a part of this award. T. M. Guerin, C. A. CrockER, Section. To all concerned: 7 ae ee Supplementing the ruling of July 1, 1918, which classified certain workers in the oil fie ds, fixed : basic nae for each, and specified that where other skilled workers were employed they should receive a wage based upon the average ruling wage paid to like workers in other industries: he The electrical workers now come before the board and ask that their wage be defi- nitely established and urge that it be fixed at $7 per day. . . : Investigation of the wage schedule paid to electrical workers in other industries of the Pacific coast determines the fact that it 1s based upon the experience of the worker and dependent upon the length of time engaged in the electrical business. 278 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. It is therefore the judgment of the board that qualified journeymen electrical work- ers employed in the oil fields of this State should receive a wage of $7 per day for 8 hours’ work. ‘ ; A journeyman electrical worker is hereby defined as one who has had at least four years’ experience as an electrical worker and who is fully competent to perform the services demanded of him. Electrical workers of less experience should be paid a wage based upon the length of time engaged in the business, and be as follows; Less than one year’s experience, $4, More than one year’s experience and less than two years, $4.50. More than two years’ experience and _ less than three years, $5. More than three years’ experience and less than four years, $6. In all cases an electrical worker, when requested, must furnish documentary or other evidence showing his experience and length of time employed as an electrical ieee which will determine the wage to which he is entitled according to the above schedule, Adjustment should be made of the wage paid since July 1, 1918, to conform to the schedule herein provided. FepERAL Or Inspection BoarpD ror CALIFORNIA. Dated at Los Angeles, Calif., this 15th day of August 1918. : Award in re Machinists v. B. F. Sturtevant Co., Boston, Mass. 393. Jatiuary 30, 1919. Report or SECTION. This case comes before the board on a joint submission as to all issues except the issue of wages. Upon the wage issue the company agreed to abide by the decision of the board, provided it could be reimbursed by the Government for any increase in wages. There is nothing to show that this condition has been or will be complied with. Therefore, with reference to the wage issue, the board can make only a rec- ommendation. During the hearing before the examiner a written stipulation was read into the record providing for collective bargaining, classification, and equal pay for women. The stipulation provided that if the same was acceptable to the National War Labor Board it would become a part of the award. The men demand the old Shipping Board rates from June 10, 1918, to October 1, and the new Shipping Board rates from October 1, 1918, 8 hours for a day’s work, and retroactive feature from June 10, 1918, on the old rates and from October 1, 1918, on the new rates. The men also demand that at least 60 per cent of the machine shop operators and bench hands and assemblers shall be classified as first-class machinists. The company takes the position that 48 hours shall constitute a week’s work, and is willing to pay time and one-half for time over 48 hours, and further that they would be willing to pay overtime rate for all work in excess of the agreed day period if a man works less than 48 hours in any week, provided he brings in a proper and legitimate excuse for being absent, such as his own sickness or sickness in his family, or act of God. : The section after having considered all the testimony in the case has agreed upon the following recommendation and award, and moves its adoption: RECOMMENDATION AND AWARD. a is ordered by the-National War Labor Board that the following be the award in. this case: Hours.—The regular working time of each full week shall consist of 48 hours divided into six daily periods of 8 hours. By mutual agreement between the management and the workers the daily working schedule may be so lengthéned as to permit of a half holiday on one day of each week. : Overtime.—It is further provided that no worker shall be entitled to payment for overtime or extra time unless he shall work 48 hours in said full week (or 40 hours when a holiday intervenes), except in the case of illness, accident, misfortune, or ‘other just and necessary cause. Excessive overtime shall not be exacted or permitted; and, in order that the same may be kept within reasonable limits, it is hereby decreed that where, in any one day, more than 2 hours overtime in excess of 8 hours is required by the company, then for that day overtime shall be paid without regard to whether or not the worker shalt, during that week, have worked the weekly schedule provided for. “ SINCLAIR REFINING CO0., COFFEYVILLE, KANS. 279 _ Collective bargeining.—The principles upon which the National War Labor Board is founded guarantee the right to employees to organize and bargain ‘collectively, and there shall be no discrimination or coercion directed against proper activities of this kind. Employees in the exercise of their right to organize also shall not use coercive measures of any kind to compel persons to join their unions, nor to induce employers to bargain or deal with the unions. A shop committee including at least one woman is to be chosen by secret ballot only, with all men and women machinists eligible to vote. The shop committee ghall have the power to bring any grievance before the company officials, and in the event that the committee and the company officials fail to bring about an agreement on disputed questions the matter in dispute may be referred to the National War Labor Board or to such other agency as the company or its representatives and the committee may agree upon. . Classification.—The question of classification of machinists is to be worked out by two represetitatives of the company and two representatives of the workers who shail be designated by the shop committee. All questions with reference to classification on which this committee of four can not agree shall be submitted to the administrator of the National War Labor Board for final determination. His decision shall take éifect as soon as made, and in case of appeal from his decision to the National War Labor Board his decision is to remain in eect during the pendency of the appeal. Women.—When, women are employed to take the place of men they are to receive equal pay for equal work, and they shall not be allotted tasks disproportionate to their strength. In the event of any controversy as to women employees the shop committee shall have the right to bring the matter to the attention of the company, and, failing settle- ment, shall have the right of appeal to the administrator of the National War Labor Board as hereinabove soled in, the paragraph entitled ‘‘Classification.” Duration of award.—This award shail be effective and in force until March 1, 1919. Interpretation of award.~~For the puree of securing a proper interpretation of this ‘award the secretary of the National War Labor Board may appoint an administrator, who shall hear any differences in respect to the award between the parties and promptly render his decision, from which an appeal may be taken by either of the patties to the National War Labor Board. Pending such an appeal the decision of the administrator shall be in.force. 3 _ Wages.—On the wage issue the company agreed to abide by the decision of the oard, provided it could be reimbursed by the Government for any increase in wages. This condition has not been complied with. Therefore, with reference to the wage fssue the board can not make an award, but can only make a recommendation, artd it “is recommended that the company pay the following rates of wages, retroactive from Nugust 29, 1918, and continuing for the duration of this award, as hereinabove set out. The minimum rates of pay recommended are as follows: Toolmakers, 724 cent per hour. Machinists, first-class, 724 cents per hour. Machinists, second-class, 624 cents per hour. Groene ‘or handymen, 52 cents per hour. Machinists’ helpers, 46 cents per hour. Joun F, PERKINS, Wm. H. Jounston, Section. Joint Report of Section in re Employees (Coopers) v. Sinclair Refining Co., Coffeyville, Kans. 95. November 20, 1918. ; / bao _. This case was heard by the examiners of the board at Kansas ‘City, Mo., on October 17, 1918, both parties to the controversy being represented. Both sides announced that they submitted and would be bound by the award ofthe board. _ At that hearing 12 grievances were presented by the men. The company, after - slight modifications had been made in a few instances, agreed to 11 of the 12, and also avreed that these demands of the coopers should be incorporated in, and made » part of, the formal award of the board. . : foe A Schenk es The section of the board has changed the wording of part of paragraph 7 in the award, an the interest of clarity and avoidance of controversy concerning the paragraph. ‘On the only remaining complaint—the wage question—the company announced that it would abide by the decision of the National War Labor Board. i It was testified at the hearing that the National Refining Co., of Coffeyville, now pays its coopers 65 cents per hour, and that company confirmed the statement by its 280 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. letter dated October 19, 1918, adding the information that it (the 65 cents per hour) ‘is a voluntary increase of 10 cents per hour above the rate passed by the War Board.” [Docket No. 97, August 28, 1918.] ' ea section recommends the following for adoption by the board as its award in this case: 1. Eight-hour day.—Eight hours shall constitute a day’s work. All work performed other than in the regular 8 hours shall be considered overtime and shall be paid for at the rate of time and one-half. 2. Coopers in transit—When coopers are sent from their home stations on work they shall receive not less than 8 hours’ pay for each day so away, and shall be allowed time for traveling to and from the job, overtime rates for travel performed during overtime hours, and all necessary expenses. 3. Holidays and pay for es re New Year’s, een ee Birthday, Deco- ration Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day shall be considered legal holidays. Should any of the above-mentioned holidays fall upon a Sunday, the week day observed by the State or Nation shall be observed as a holiday. Any work performed upon any of these days shall be paid for at the rate of double time for each hour worked. j : , 4. Coopers’ work.—All bound work, both tight and slack, heading up and unheading, driving, mending all hoops, replacing of all broken parts; and epauing @ headings, flaggings, or caulking of open joints; cutting down old or making new barrels, ee tanks, or other containers constructed of wood and bound with iron or wood; and the operation of all barrel machinery, shall be known as coopers’ work. 5. Tools to be property of coopers.—The company shall furnish all tools except ham- mers, drivers, compass, paring knife, and adz. ; 6. Rights of committees.—No cooper shall be ae do work other than that which is herein classified as cooper work; but should a dispute arise as to jurisdiction of work, the aggrieved shall continue to Cas work as requested by the foreman so that production shall not be delayed and the jurisdiction of the work in controversy shall be referred to the shop committee. The organization affected shall settle the jurisdiction of the work in dispute, its decision to be binding. 7. Seniority of employees.—lf or when it becomes necessary to make a reduction in the working force, the oldest employee in point of service shall be retained, ee to govern in all cases except that this shall not be construed as protecting any suck employee from discharge for sufficient cause. 7 ; No employee shall be discharged as incompetent after 30 days in the employ of the company unless for good and sufficient cause, the determination of which shall be left to the decision of the superintendent after conferring with the coopers’ shop committee. 8. Protection of employees unjustly discharged.—No cooper shall be discharged or re- moved from the service of the company without just and sufficient cause. Employees who believe they have been unjustly dealt with may present their grievances to the shop committee of the coopers or their representatives on the shop committee, who will endeavor to have the grievances adjusted, without delay, with the shop foreman. If adjustment with the foreman is impossible, the case may be appealed to the higher officials in charge. Should it be found that an employee has been unjustly discharged or dealt with, he shall be reinstated and paid for all time lost. All investigations shall be held on company time. No cooper shall be discriminated against who may be called upon to act ag a shop committeeman, : 9. Right to organize.—No cooper shall be discharged from the service of the company because of union membership or union activities, the words ‘‘union activities” as used here to mean committee work or services performed for the local coopers’ union. No union organizing work shall be carried on on the company’s time. 10. Wage wncrease.—(a) eee id shall be paid at the rate of 65 cents per hour from the date at which the National Refining Company made its coopers’ rate of 65 cents per hour effective. : ; (6) For the period between that date and June 1, 1918, the rate shall be adjusted to the basis of 55 cents per hour. 11. Retroactive clause.—The wage award granted in paragraph ‘10 shall be retroactive. Back pay covering, the difference between the rates awarded for the two periods named in aap 10 and the rates actually paid by the respondent in said period, respectively, shall be paid on or before December 15, 1918. 12. Sanitary conditions.—Suflicient sanitary drinking facilities, lockers, and bathing facilities shall be installed and kept in a clean and sanitary condition. Ventilators shall be installed in the cooper shop and sufficient heat supplied in the shop in cold weather to make the shop comfortable and healthful to work in, 13. Period of award.—This award shall be in effect during the period of the war; pro- vided, however, that on the first day of May, 1919, and at the end of each six months’ MERCHANT & EVANS CO. ET AL., PHILADELPHIA, PA. 281 period thereafter, application may be made to the board by either party, if conditions materially change, making a readjustment by this board equitable. ‘ 14. Interpretation of award,—For the purpose of securing the proper interpretation of this award, upon al patent by either of the parties the secretary of the National War Labor Board shall appoint an examiner, who shall hear any differences arising between the parties in respect to the award and pone ly render a decision, from which an appeal may be taken by either party to the section making this award. Wituiam Harmon Brack, JoserpH W. Marsa, Section. SUPPLEMENTARY REPORT. March 12, 1919.] This board has before it the application of the coopers of the Sinclair Refining Co. for an increase of wages, and they were granted 55 cents per hour retroactive to June 1, 1918, and there was also a provision in the board’s award that when the National Refining Co, increased its wages the wages of the Sinclair coopers should be corre- spondingly increased. Weare now asked to make retroactive to June 1 the increase to the Sinclair coopers to 65 cents per hour, on the ground that at page 55 of the transcript there was an agree- ment by the Repent eltve of the Sinclair Co. that whatever wage increase was made by the National War Labor Board should be retroactive to June 1, 1918. After careful reading of the record— We, the undersigned section to whom is referred the above case, report as follows: ‘The coopers of the Sinclair Co. are entitled to 55 cents an hour from June 1 to the date when the 65-cent rate was put into effect by the National Refining Co. They are entitled to the difference between the wages they received and the 55-cent rate for this period between June 1 and the date of the increase of the wages by the National Refining Co. to 65 cents, and they are entitled to the 65-cent rate from the date the National Refining Co. put the 65-cent rate into effect. If the coopers of the Sinclair Co. have not been paid 65 cents for the full period ron the time the 65-cent rate was put in by the National Refining Co., that should e done. If they were not paid 55 cents per hour from June 1 until the date when the National Refining Co. advanced to 65 cents, that should also be done. There is in the record astatement that for the period of June 1 to July 23 they were paid 524 cents per hour. If not already adjusted, the coopers of the Sinclair Co. should receive an additional 24 cents an hour for that period. s Josera W. Marsa, Witutiam Harman Buackg, Section. Award in re Joint Submission of Employees v. Merchant & Evans Co., The Carlson-Wenstrom Co., A. H. Fox Gun Co., J. F. Johnson & Co., Kruse & Slattery, Emerson Engineering Co., and Standard Roller Bearing Co., all of Philadelphia, Pa. 400. December 20, 1918. 1. Collective bargaining.---The principles upon which the National War Labor Board is founded guarantee the right to employees to organize and to bargain collectively, and there shall be no discrimination or coercion directed against proper activities of this kind. Employees in the exercise of their right to organize also shall not use coercive measures of any kind to compel persons to join their unions, nor to induce employers to bargain or deal with their unions. As the right of the workers to bar- gain collectively through committees bas been recognized by the board, the com- pany shall recognize and deal with such committees after they have been constituted hy the employees. ; ion sate x. . : ; Those companies who had, ee to this submission, negotiated with union committees, shall continue to do so, and those companies who had previously dealt only with committees of their own employees are not required to change their practice n this respect. . . ; : 2, Hours.-—The hours in effect in the respective establishments at the time of sub- mission to this board shall continue, and any changes therein which may he necessary or desired by the employees or the companies shall be determined and adjusted by conference between ihe respective managements and the committees of employees herein provided for by paragraph 1. 282 CHAP. V.-AWARDS OF NATIONAL WAR LABOR BOARD. 3. Wages.--The submissions include only the craits-in the respective ‘companies as follows: Merchant & Evans: Toolmakers, first and second class machinists, machinists’ helpers. Carleon-Wenstrom: Toolmakers, first-class machinists, specialists. Fox Gun: Toolmakers, first-class machinists. J. F. Johnson: Toolmakers, first-class machinists. Kruse & Slattery: Toolmakers, first-class machinists. Emerson Engineering: ‘Toolmakers, first-class machinists, specialists. -Standard Koller Bearing: Toolmakers, first-class machinists, machinists’ helpers. The idence develops a limitation upon most of the companies, imposed by the United States Ordnance Department, to the payment of rates for similar service in effect at the Frankford Arsenal. ‘Therefore, the board decides that these companies should pay, as of date of this award, except where retroactive as hereinafter specified, such rates as are now in effect at such arsenal for the class of services now established and herein respectively involved, where present rates are not equal thereto. But the application of such rates shall not operate to'reduce higher rates now being paid by any of the companies affected by this award, nor are rates awarded_in excess of the respective demands presented for consideration of this board. The practice, if any, of the Frankford Arsenal for payment of increased hourly rates for night shiit shall apply in this award. _ The companies may discontinue the payment of premiums or honuses, if they so desire, when this award is put into effect. The board further recommends that where the payment of rates herein provided for increases the cost of production the Ordnancc or Navy Department, whichever aay be involved, should reimlurse the companies to such an extent as their investi- gation develops is made necessary by such increased payments. 4, Retroactive pay. This award shali be retroactive as to wages increases, as follows: Merchant & Evans Co. to September 7, 1918. Fox Gun Co. to September 11, 1918. Carlson-Wenstrom Co. to September 7, 1918. Kruse & Slattery Co. to September 13, 1918, Fimerson Engineering Co. to September 14, 1918. Standard Roller Bearing Co. toSeptember 3, 1918. ; J. F, Johnson & Co. to September 11, 1918. z » The wage increases herein allowed by said retroactive feature shall he based upon the rates in effect at the Frankford Arsenal on September 3, 1918, where the rates ‘paid by the above companies on September 3, 1918, were not equal to these in effect at said arsenal on said date. The companies shall be given until January 15, 1919, to pay the retroactive wages due hereunder. : 5. Duration of award..—This award shall remain in force for the period of the war, provided, however, that the parties-may, at intervals of six montha, beginning May 1, 1919, make application to this board, or such other agency as may be mutually agreed upon, for such adjustmentsas changed conditions may render necessary. 6. Adnvinistrator.~ Upon application by the parties, the secretaty of this board may designate an administratur to intrepret or apply such terms of this award as the respective managements and committees may he unable to themselves adjust. Should a controversy arise in respect to the interpretation of the award an appeal aay be made to the board, pending the adjudication of which appeal the decision of the administratot shall be enforced, except Where the payment of wages is directly or indirectly involved. : GC. E. Mrcwart, Frep Hewitt, Section. ‘Findings in re Employees v. J. G. Brill Co., Hess-Bright Manufacturing Co., Savage Arms Corporation, and Kingsbury Machine Works, all of Philadelphia, Pa. December 20, 1918. 1. Collective bargaining.—The ee upon which the National War Labor Board is founded guarantee the right to emplovees to organize and to bargain collectively, and there should be no discrimination or coercion directed against proper activities of this kind. Employees in the exercise of their right to organize also should not use coercive measures of any kind to compel pétsons to join their uhions, nor to induce J. G. BRILL CO. ET AL., PHILADELPHIA, PA. 283 ae to bargain or deal with their unions. As the right of workers to bargain collectively through committees has been recognized by the board, the company should ee and deal with such committees after they have been constituted by the employees. Those companies who had, previous to this submission, negotiated with union com- mittees, should continue to do so, and those companies who had previously dealt only with committees of their own employees are not required to change their practice in this respect. ; 2, Hours.—The hours in effect in the respective establishments at the time of sub- mission to this board should continue, and any changes therein which may be neces- sary ordesired by the employees or the companies should be determined and adjusted by conference between the respective managements and the committees of employees herein provided for in paragraph 1. . . 8. Wages—The complaints filed include only the crafts in the respective com- panies as follows: J. G. Brill Co.: Toolmakers, first-class machinists, specialists. Hess-Bright: Toolmakers, first and second class machinists, specialists. Savage Arms: Toolmakers, first-class machinists, specialists. Kingsbury: Toolmakers, first-class machinists, specialists. The evidence develops a limitation upon most of the companies, imposed by the United States Ordnance Department, to the payment of rates for similar service in effect at the Frankford Arsenal. Therefore the board recommends that these compa- nies should pay, as of date of this award, except where retroactive as hereinafter specified, such rates as are now in effect at such arsenal for the class of services now established and herein respectively involved, where present rates are not equal thereto. But the application of such rates should not operate to reduce higher rates now being paid by any of the companies affected by this finding, nor are rates recommended in excess of the respective demands presented for consideration of the board. The practice, if any, of the Frankford Arsenal for payment of increased hourly rates for night shift shouid apply in this finding. The companies may discontinue the payment of premiums or bonuses, if they so desire, when this finding is put into effect. The board further recommends that where the payment of rates herein provided for increases the cost of production, the Ordnance or Navy Department, whichever may be involved, should reimburse the companies to such an extent as their investigation develops is made necessary by such increased payments. 4. Retroactive pay.—This finding should be retroactive as to wage increases only upon Government production as follows: J. G. Brill Co. to October 4, 1918. Hess-Bright Co. to October 4, 1918. Savage Arms Corp. to October 4, 1918. Kingsbury Works as of date this finding. The wage increases herein recommended by said retroactive feature shall be based upon the rates in effect at the Frankford Arsenal on September 3, 1918, where the rates paid by the above companies on September 3, 1918, were not equal to those in effect at said arsenal on said date. The companies should be given until January 15, 1919, to pay the retroactive wages recommended hereunder. . 5. Duration of finding.—This finding should remain in force for the period of the war, provided, however, that the parties may, at intervals of six months, beginning May 1, 1919, make application to this board, or such other agency as may be mutually agreed upon, for such adjustments as changed conditions may render necessary. 6. Administrator.—Upon application by the parties, the secretary of this board may designate an administrator to interpret or apply such terms of this award as the re- spective managements and committees.may be unable themselves to adjust. Should-a controversy arise in respect to the interpretation of this finding an ap eal may be made to the board, pending the adjudication of which appeal the decision o the administrator should be enforced, except where the payment of wages is directly or indirectly involved. C. E. Mrcwakt, Frep Hewrrt, Section. 284 CHAP.: V.—AWARDS OF NATIONAL .WAR LABOR BOARD. Award in re Local No. 417, International Molders’ Union of North America, v. Baker Manufacturing Corporation and Davison-Namack Foundry Co., Saratoga Springs and Ballston Spa., N. Y. : 403 and 403a. April 8, 1918. In the matter of the two features which the umpire left for the board to determine, the board decided as follows: Duration of the war.— ; That the war, although hostilities have been suspended by an armistice, still continues as a legal status, and will continue, under the decision of the Supreme Court of the United States, until peace is declared to exist by a proclamation of the President announcing the ratifications of the treaty of peace and proclaiming the war to be ended and astate of peace to begin. [Docket No. 46, 196, and others.] Selection of umpires.— That the jurisdiction of the board is not impaired by the selection of an umpire from an incomplete panel, this decision being conditioned upon the understand- ing aw at all legal rights are reserved to the defendants which they may have under the law. AWARD. To the Nationa, War Lazor Boarp: On the Ist day of March, 1919, the above case was argued before me in Washington. The record of the case was also submitted tome. Asaresult of my study of the record and the arguments, I now respectfully make report as follows: ' Histor of the case.—-The parties to this case are the Baker Manufacturing Corpora- tion and the Davison-Namack Foundry Co. and Local 417, International Molders’ Union. _ The two plants are a few miles apart. The molders and coremakers of the two plants are all members of the same local. Reference to the board was made by joint submission in writing, August 23, 1918. The same demands had been made upon the two companies at the same time, and the two companies and the unions all signed the same paper of submission. There is no connection between the two companies. : A war industry is affected in each case. Ninety per cent of the work of the Baker Foundry is war work, 50 per cent of it being castings for ship engines and pumps under subcontracts for the General Electric Co. Practically all of the foundry work of the Davison-Namack Co. consists of castings of reduction gear casings for the Emergency Fleet Corporation under subcontracts from the General Electric Co. The persons involved are 97 out of 340 men employed at the Baker plant and 60 out of 162 men at the Davison-Namack plant. The issues involved are the following: 1. Jurisdiction: The employers contest the validity of a decision by one of nine umpires when the National War Labor Board originally had 10 umpires. They also contest the validity of decisions by the National War Labor Board or its umpires effective after the signing of the armistice or after war production has ceased. 2. Wages: The men ask for a minimum wage of $6 a day for molders and coremakers in both plants. The present minimum wage in both shops is theoretically $5.25; but as a matter of fact, except for a few men who are handicapped by advanced age, the actual minimum wage at the present time is $5.50. : The questions of jurisdiction that have been raised by the employers apply equally to all decisions by the board or its umpires and are not questions raised by the particu- lar facts of this particular case. They therefore are questions which should be deter- mined by the board itself and not by one ofits umpires. I therefore will not pass upon any of these questions of jurisdiction, but will render my decision subject to whatever general decision on these points the board itself may make. [See intro- ductory paseaphe| Wages.—The employees base their claim for increase in wages on the increased cost of living and on the wages paid by certain other foundries and by the Government. The companies claim in reply that the cost of living has not increased as rapidly as the wages have been increased. They claim that the foundries with which they are competing pay the men less and work them longer hours. And they claim that they can not get an increase in the price of their products and therefore can not afford to increase their wages. I will take these arguments up one after another. m8 1. Effect of increase in the cost of living on.wages: The evidence on this point presented by both parties is very unsatisfactory. Itis vague and in many instances conflicting. It is such as would not justify me in drawing any general conclusions either one way or the other. BAKER MANUFACTURING CORP., SARATOGA SPRINGS, N. ¥. 285: 2. The effect of price of the product on wages: The fact that the selling price of the product: has not increased does not of itself prove that there should be no increase in wages. The employers have introduced no evidence in regard to what their profits are with the present prices or whether those profits might reasonably be reduced. 3. The effect of the wages paid by competing industries: The only facts upon which I can base any conclusion are those submitted in regard to relative wages. Here, too, the facts are poorly set forth and in many cases inaccurate. I wish particularly to oint out that the set of figures entered in behalf of the companies in the form of a etter from the National Foundries Association’dated October 2 is very inaccurate; was at the original hearing objected to on that account by Mr. Keough, representing the employees, and was withdrawn by Mr. Fullerton, representing the employers (see p. 108, ince Re of Proceedings). I feel that this should not have been intro- duced at the hearing before me without this fact having been brought to my attention. In addition to the inaccuracy of the figures, there is a certain necessary confusion on account of the existence of a 9-hour day in some plants and an 8-hour day in others. The preponderance of evidence seems to point to the fact that as much work is done in an 8-hour day as in a 9-hour day; and I therefore in my decision make no allow- ance for the difference in the length of the working day. Ina general way, however, these figures give me a pretty clear idea as to what should be done in this particular case. It is on these facts that my decision is based; and my decision must in no way be considered as bearing upon the general question of whether the wages of molders and coremakers throughout this competitive area should be increased or decreased. My decision rests only on the general principle that there should be as nearly as possible uniformity of wages within so-called competitive dis- tricts, New York State being considered such a competitive district. From the data submitted to me it appears that the Government rate of wages for molders and coremakers as applied by the Army, the Navy, and the Shipping Board is $6.40 for an 8-hour day. The wages in the General Electric ofall but a negligible quantity of molders and coremakers is $6.36 for an 8-hour day. In Buffalo and a few other cities in New York State there is a $6 a day minimum for a 9-hour day. In New York and Brooklyn, under an agreement reached in February last, there is a minimum of $5.75 for an 8-hour day. Prior to that time in those cities there was a minimum of $5.75 fora 9-hour day. In Rochester Judge Mack has refused an increase of the existing $5.64 minimum for a 9-hour day povermng tite ay, a period corresponding to the one at issue in this case. Certain foundries in Albany, Cohoes, Waterford, and Watervliet have agreed to abide by the decision in the Rochester case and are there- fore bound to a $5.64 minimum rate during this period. Elsewhere in New York State the minimum rate is $5.50 or less. a Upon the whole I think that the conditions most nearly resembling the conditions in Saratoga and Ballston Spa are those covered by the Rochester decision and the agreements depending on that decision. I therefore rule that a minimum of $5.64 should be established. : ., a Duration of the award.—The members of the board representing respectively the employees and the companies agreed (see p. 43 of the hearing before me) that if any increase in wages is given the increase should date from September 23, 1918. At the hearing the question was raised as to whether a strike which took place in the latter part of December, 1918, should terminate whatever award might be given. It was agreed that if the strike was an attempt on the part of the employees to enforce the demands covered by this submission, the strike should terminate the award, that if, on the other hand, the strike had nothing to do with the question involved in this submission, it should have no effect in terminating the award. The facts, as subse- quently submitted to me, show clearly that the strike had nothing to do with this situation, and therefore the strike should in no way affect the award. This award is therefore to take effect as of September 23, 1918, and is to continue for the duration of the war, except that it shall in no case continue beyond April 30, 1919, the day on a the oa affected by the decision in the Rochester case terminate. itted. apna eran Marruew Hare, Umpire. 286 CHAP. V.-~AWARDS OF NATIONAL WAR LABOR BOARD. Decisions of Arbitrators in re the Michigan United Railways Co: v. Divisions 245, 333, 348, 362, 563, and 849 of the Amalgamated Association of Street & Electric Railway Employees of America. Opinion of Hon. William H. Taft aad opiiiion of Hon, Frank P. Walsh. PRELIMINARY STATEMENT. 405. As a result of at agreement entered into between the parties herein, the question of the invalidity of the findings of a local board of arbitration selected by the parties is resented to William H. Taft and Frank P. Walsh, then joint chairmen of ‘the ational War Labor Board, and with the understanding that if it sHould be held that said findings are invalid this board shall arbitrate the same matters as were submitted to the local board. . The original agreement of arbitration between the parties, hereafter referred to as the Michigan agreement, was dated Jane 7, 1918, and is an follows: This agreement made this 7th day of June, A. D. 1918, by and between the Michigan United Railways Company, party of the first part, and the several Michigan United Railways Employees’ Associations of Jackson, Battle Creek, Kalatnazoo, Lansing, and Albion, by their joint advisory board, parties of the second part: ey Witnesseth: That whereas a dispute has developed relative to the rates of wages that shall prevail to the trainmen represented by the said respective employees’ associations as dating from June 1, 1918, to continue thereafter to be and become part of the existing agreement between the parties hereto and known as thé sections to provide for wage rates in said agreements and to be substituted for the present wage sections; therefore, it is hereby agreed to submit the subject of wages and wage rates for arbitration. Now, therefore, it is agreed that the dispute be submitted to arbitration, to be arbitrated under the following terms: ; (a) An arbitration board shall be created, one of whom shall be chosen by each of the parties hereto. The third shall be chosen by the two thus selected. The Jinding of a majority of said board shall be binding on both parties hereto. The cost of the expense of arbitration shall be borne as follows: ach party to this agree- ment shall pay its own arbitrator and both parties shall jointly pay the third arbitrator and such other arbitration expenses as may be incurred by direction of the arbitration board. () In respect to and in creating of a board of arbitration the parties hereto name as their respective arbitrator: Named by the company, L. 8. Sponsler; address, 1318 Wealthy Avenue, Grand Rapids, Mich. Named by the employees’ associations, Judge EK. J. Jeffries; address, Detroit, Mich. The two primarily named arbitrators shall meet within five days from this date for the purpose of choosing a third arbitrator, and there shall be a joint meeting of the two parties to this agreement, or their proper reptesentatives, with the two arbitrators chosen. for the purpose of determining upon a third arbitrator or for providing a means for the completing of the arbitration board, said arbitration board to be completed without unreasonable delay. : _ (¢)_ It is further agreed by the parties hereto that upon creation of the arbitra- tion board said board of arbitration shall, within 10 days from the date of the selection of the third member thereof, meet to organize and effect a procedure of arbitration under tules and measures provided by its own enactment, and pro- ceed thereform without unreasonable delay or intermission to receive from the arties hereto any matters of evidence Leas upon the subjects in submission or arbitration which may be presented to them by the respective parties to this agreement. It is further here mutually Soe by the parties hereto that deliberation upon the evidence submitted at the closé of the hearings may be immediate on the part of the arbitrators and an award may be handed down and made known at their earliest convenience. Said awatd to be signed by at least, two of the atbitrators and the wage rates and provisions thereof shall become the wage sections of the respective agreements involved, from and as of June 1, 1918. Signed on behalf of the party of the first part by es Micuican Unirep Ramways Company, By J. F. Cottins, Vice President and General Manager. On behalf of the party of the second part by Frep Hamuin, Chairman. CLaupe B. Onstep, Secretary. MICHIGAN UNITED RAILWAYS CO. 287 Pursuant to said agreement Mr. L. S. Sponsler, of Grand Rapids, Mich., ‘was selected as the company’s arbitrator, and Hon. E. J. Jeffries, judge of the Superior Court of Detroit, as the employees’ representative. ‘These two selected as ‘chairman of the board Mr. E. B. Ramsey, of Lansing, Mich., and whose business is that of a Mitnick Wh, 1glh; Metra. Ramee? ain Spoudl a Ug , 1918, Messrs. Ramsey an onsler sigried a paper alleg ‘oer a copy of which is as follows: ue si ere: FINDINGS OF THE BOARD OF ARBITRATION. To the board of arbitration, to whom was submitted the question of the scale of wages to be paid condictors aid motormen ‘on the lines of the Michigan United Railways Company, after & hearing ‘and ‘the submission of the ‘evidence and arguments of the respective parties, herewith submit their réport and findings. _A large amount of evidence has been presented bearing on the high cost of living and the necessary income teqitired by the men to constitute a “proper wage”; the testimony ‘shows that there has been a very marked increase in the ‘cost of living and maintaining a family—many of the men are married and have de endent children. We are convinced that the men are entitled to a substan- tial increase. . The testimony also shows that the gross income of the company, not including taxes or fixed charges for the first six months of the year 1918 ‘have decreased over one-fourth, ‘showing a deficit of over $94,000. The cost'of many of the essen- tial materials going into the nécéssary maintenance of the property. in order to give safe operation, shows an increase in many instances of 100 per cent over normal conditions. We believe that in order to keep the railway company in business it is necessary to have an increase intevente. It was shown that the company up to date has been uxisuccessful in collecting 3 cents pet mile on their interurbans. In some of their ities they are collecting ‘6-cent fare and certain reduction for tickets. The necessity of increased rates for transportation has been officially recognized, as appears by the finding and reports of the Federal War Labor Board. The evidence shows that in the city of Jackson, where the 6-cent fare has been in effect the longest time, the revenue of the company has not increased over the previous ‘year to the ‘extent that was expected, and not sufficient to meet the increased operating ‘expenses. After going over all ‘a testimony, which includes not only the matters referred to but ‘also ‘scales paid ‘conductors and motormen in a large number of towns and cities similarly located ‘and of like ‘size a8 these affected by this arbitration, we make the following findings of wages to be in force and effect from June 1, 1918: Conductors and motormen on city lines— First 12 months of service, 34 cents pet hour. Second year of service and thereafter, 36 cents per hour. ‘Conductors ‘and ‘motormen of interurban Hines— First 6 months of service, 37 cents per hour. _ For all time thereafter, 41 cents ‘per hour. ; We further find that if in any one or more of the city divisions involved, viz, Jackson, Lansing, Battle Creek, Kalamazoo, or Owosso, the rate of fare is fixed , ‘by the municipality or other rate-fixing board, so that the fate collected in any one or more of said cities is 6 cents, and 1 cent for a transfer, or straight 7-cent fare, then in such case the conductors and motormen in the city where said fare is-‘collected shall automatically receive 2 cents more per hour than the rate of wages herein provided, arid shall continue to receive the same 80 tong as said rate ‘of fare is collected. ; ee nik casas We further find that if in any one of the following divisions, viz, Jackson-Grass Lake-Wolf Lake, Jackson-Kalamazoo, Jackson-Lansing, St. Johns-Owosso, the rate-of fare is fixed by a rate-fixing board 60 that the fare collected for the entire mileage of any one of said divisions is at the rate of 24 ot 3 cents per mile, then in such case the conductors and motormen operating on said division so affected shall, when said fare is collected by the Omen automatically receive 2 cents per hour more than the Tate of wages herein provided, and shali continue to receive said wage so long as the said increased taté of fare is collected. E. B. Ramsey, Chairman. L. E. SPONSLER. 288 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. To this paper Judge Jeffries dissented and filed the following opinion: . - Aveust 29, 1918. To the Orricers AND MemBeErs or Div. - ‘ Lansing, Mich. GENTLEMEN: The so-called board of arbitration to whom you submitted the question of wages and conditions to be paid and given to the motormen and con- ductors of the Michigan United Railway after a hearing on the same, two members of the board of arbitration, W. L. Sponsler and E, B, Ramsey, signed a report granting a conditional scale of wages: For city motormen and conductors— First 12 months of service, 34 cents per hour. Second year of service and thereafter, 36 cents per hour. For interurban motomen and conductors— First 6 months of service, 37 cents per hour. All time thereafter, 41 cents per hour. It was included in the board’s findings that if in any one or more of the city divisions involved, namely, Jackson, Lansing, Battle Creek, Kalamazoo, or Owosso— The rate of fare is fixed by the municipality or any rate-fixing board so that the fare collected in any one or more of said cities is 6 cents, and 1 cent fora transfer, or a straight 7-cent fare, then in such case, the conductors and motormeninthecity where said fare is collected shall automatically receive 2 cents per hour more than the rate of wage herein provided and shall con- tinue to receive the same so long as said rate of fare is collected. We further find that if in any one of the following divisions, Jackson- Grass, Lake-Wolf Lake, Jackson-Lansing, Jackson-Kalamazoo, St. Johns- Owosso, the rate of fare is fixed by a rate-fixing board so that the fare col- lected for the entire mileage of any one of said divisions is at the rate of 23 cents or 3 cents per mile, then in such case, the conductors and motormen of said divisions so affected shall when said fare is collected by the company automatically receive 2 cents more per hour than the rate of wages herein provided and shall continue to receive said wages so long as said increase of rate of fare is collected. > As amember of that board of arbitration, I refuse to sign the report and findings: First, because the scope of the findings is beyond the jurisdiction and power of this board of arbitration. ~ 3 Second, that the findings do not constitute such a contract between the em- ployees and company as comes within the purview of the articles of agreement to arbitrate. Third, that the contract as a whole being without the power of the board of arbitration to make, and being indivisible, is void, and that the findings of the board of artitration are not binding upon the parties. Fourth, because the board of artitration through these findings seek to make a conditional contract between the employees and company committing the street railway employees and their friends to use their votes and influence to secure a straight 7-cent fare on city lines and a 3-cent fare on interurban lines within its jurisdiction, which is wholly beyond the power of-this board to do by arbitration. Therefore, I regret to say that because the contingent rate of wage sought to be fixed by this board being wholly inadequate, uncertain, and void, and an attempt to commit the street-car employees and their friends and sympathizers to an increase of rate as proposed in these findings, I could not be a party to such an illegal agreement. The result was not an arbitration conclusion. I regard the findings of the two members of the board of arbitration as a trick and a farce unworthy of gentlemen, masked under an honorable agreement to arbitrate wages. I further take this opportunity to thank your division for the confidence you have reposed in me and regret exceedingly the outcome of this wage dispute. Epwarp J. JEFFRIES. . Subsequently, and asa result of agreements between the parties, there was a hearing before examiners appointed by the National War Labor Board. Hearings were begun by the local board of arbitration on August 13, 1918. The board thenreconvened August 29,1918. ters to the evidence of the dissenting party, the board went into joint conference at the last meeting. They discussed the question of the award, butin the discussion the dissenting party testifies that nothing whatever was said with reference to the rate of fare. The discussion turned on what was the proper wage for the men engaged on the system. They probably discussed MICHIGAN UNITED RAILWAYS CO. 289 for an hour the question as to the proper wage and also the question of overtime. Judge Jeffries and Mr. Ramsey differed as to the overtime. Then Mr. Ramsey said: “J can go to my office and within 15 or 20 minutes I willreturn; I will have my stenog- rapher make up the finding of the decision and bring it back.’’ About that time Mr. Ramsey returned and presented the award finally made. In the opinion of the witness, Mr. Ramsey was not personally capable of drafting the award; that it required an expert on the part of the Michigan United Railways to draft theaward, and that it was a very well-prepared document. Judge Jeffries refused to sign it, on the ground that it abrogated the wages upon an increase in fare; that it was beyond the scope of the orignal purpose of the agreement. The record discloses that, as is usual, a good deal of evidence was adduced as to the financial condition of the company, apparently for the purpose of showing that an increase of wages would only increase largely the deficit. And there was eventually a very bitter discussion after Mr. Ramsey brought back the award, on the question of the propriety of allowing the financial condition of the company to affect the fixing of the rates of wages. The absolute increase by ‘the award was from 4 to 6 cents an hour in the case of city motormen, and in the case of interurban motormen about 5 and 6 cents an hour, varying according to the length ofservice. There was a provision in case of any increase in rates of fare for an increase of about 2 cents an hour to these absolute rates as fixed. The exact issue submitted to the joint chairmen is to be found in a letter of September 4, addressed to the joint chairmen of the Federal War Labor Board as follows: Jackson, Micu., September 4, 1918. Hon, Wituiam H, Tarr, ‘ Hon. Frank P. WaAtsH, : Joint Chairmen of the Federal War Labor Board, Washington, D. C. GENTLEMEN: The joint advisory board of the motormen and conductors of the Michigan United Railways Company, and the company, have entered into an agreement to submit to yourselves the question as to the legality of the finding of the majority of the board of arbitration had under certain agreements. In case you find the majority finding of said arbitration board is not a legal finding then to submit the same matters to the Federal War Labor Board as were submitted to the arbitration board, and under like agreements. We would respectfully request that you designate as to what time a hearing could be had on this matter; an early hearing, of course, is much to be desired. We are inclosing herewith copy of the offer and acceptance to submit the mat- ters in question to yourselves. The originals of this agreement, together with the findings of the arbitration board in question, the agreements upon which the arbitration was accepted, and the agreements between the company and the motormen and conductors, will all be filed with you prior to hearing. Yours, very truly, MicuicAN Unirep Raitways Company, By J. F. Cotrns, Vice President and General Manager. Jomnt Apvisory Boarp, By Frep Hamun, Chairman, By R. D. Peters, Secretary. Orrntion or Hon. Wm. H. Tarr. The only question we have to consider is whether the award made is a legal binding award. Ifitis, then our only duty is to say so and take no further action. Ifitis not, then it would become our duty to refer the original issue as to the proper rate of wages to the National War Labor Board for decision. The award is objected to— ~ ; First. On the ground that it exceeds the terms of the submission and is therefore invalid. Theissue wastherateof wages. Thatisallitaffects. Itprovidesa definite rate of wages for the present and it increases them in the definite figure in a contingency of the increase in the rates of fare. There is no ambiguity in the award. it imposes no obligation on anyone to do anything with reference to the rates of fare. It leaves the matter with the parties to take such action as they might be advised. It merely deals with the future, which is certainly described, and in respect to which the decree operates automatically. There is no room for dispute. No one has to do anything except that the company has to pay the wages and the men to accept them when the contingency arises. The question latterly- asked, therefore, whether the award is feasible or not, does not arise, because that question is important only when part of 42663° —21—— 19 : 290 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. the award is valid and part invalid and here we find both parts legal and within the submission. ; r : ; Second. The next objection is that the board committed an error in law in that they held the financial condition of the company to be a material factor in determin- ing what the rates of wages should be. The National War Labor Board, of which we are chairmen, has held that the financial condition of the company is not a factor in determining what a fair rate of wages is on a joint submission like this, and if we were sitting as a court of review or appeal we would undoubtedly reverse this con- clusion for the reason advanced. But thatis not our position. We are here to deter- mine whether the award under an arbitration that contemplated no appeal or review is invalid for lack of jurisdiction in that an error of Jaw was committed in the findings. The authorities are unanimous in holding that no award or arbitration can be set aside for a mere error of law in the finding. Parties who submit an issue to arbitrators submit the whole issue of law and fact and must be bound by their view of the law and their view of the facts. The National War Labor Board hears many arguments in favor of the view that the financial condition of the companies should affect the rate of wages to be awarded. Itis a disputable issue of law and we rule against that view, but our view of the law in that regard does not give us power to set aside as invalid the award of another board of arbitration over which we can not exercise appellate jurisdiction because that board took a different view of the law from ourselves. Third. The next objection is that there was unfairness in the way in which the award was reached. The one circumstance is that contained in the statement of the dissenting member of the board that Mr. Ramsey, the president of the board, after a discussion of the rates of wages and the question of overtime, and without discussion of the effect of the rates of fare upon rates of wages, went away and was gone some 20 minutes, and then came back with the award in the form in which it was signed by the majority of the members. Judge Jeffries thinks that this indicates that the award was prepared by some agent of the railways company because he doubts the capacity of the chairman, Mr. Ramsey, to draft such an award, but there is no other evidence except this circumstance and we think that this would not justify our finding that the preparation of the award before signing was under such conditions as to surround it with irregularity and suspicion of fraud, justifying our setting it aside. Whether there was a discussion of the effect of the rates of fare on the rates of wages before the award was prepared, we have every reason to infer from the evi- dence of Judge Jeffries that there was a very heated discussion after the award was brought back and before its signature. Without intimating how much consultation is needed: between the parties of the board in order to render an award valid, I can not say from this evidence that the conference was not sufficient, however unsatis- factory it-might have been to the dissenting party. 4 In a supplemental brief of counsel for the men it is claimed that the effect of the submission was modified by an oral agreement between Mr. Ransom L. Reeves, ge the men, and Mr. Ladd, representing the company, consisting of the following conversation: . Mr. Rrerves, The substance of my question to you that day in conference— you were preent at that conference, and I said to you, ‘‘We want this entire matter, all of the matters of the award—all the features of the award—to be determined, and if any one of it is illegal, the whole of it is illegal.” Mr. Lapp. Yes. . ‘ : In view of the conclusion that the award is legal, the alleged modification of the form of submission becomes immaterial and I can not change my conclusion. Wu. H. Tart, Arbitrator. Opinion oF Hon. Franx P. Watsu. In the above-entitled matter, after carefully considering the testimony, the argu- ments of counsel, and reading the briefs, I am of opinion that the findings of the majority members of the local board of arbitration are invalid and that the award should be set aside. In view of the plain and unambiguous language of the original agreement of arbitration between the parties, it was the clear duty of the board to, first, follow the terms of submission, and, second, make an award that should be final, definite, and certain. Itseems to me that the findings of the local board clearly reveal that the majority members thereof improperly determined matters outside of the submission and left essential controverted questions which should have been definitely settled by them to be finally passed upon by other persons. Such arbitral irregularities vitiate the findings, according to the great weight of judicial precedent in this country and elsewhere. Sawtells v. Howard, 104 Mich. 54; Quebec Imp. Co, MICHIGAN UNITED RAILWAYS CO. 291 », Quebec Bridge Co. (1908) A. GC. 217;!* Coffin’y, Hall, 106 Maine, 126; Lincoln ». Whittenton Mills, 12 Metc. 31. In the light of those guiding principles that govern arbitration proceedings of this nature, it was manifestly improper for the majority members of the local board to make conditional findings such as these and to require the real arbitrated question of fixation of wages to be dependent upon the company’s future action or upon any other problematical result due to increased cost of trans- portation. The local board had only one duty to perform, and that was to uncon- ditionally fix the men’s wages. This the majority members failed to do. The con- cluding findings of the board are as follows: We further find that if in any one or more of the city divisions involved, viz, Jackson, Lansing, Battle Creek, Kalamazoo, or Owosso, the rate of fare is fixed by the municipality or other rate-fixing board, so that the fare collected in any one or more of said cities is 6 cents, and 1 cent for a transfer, or straight 7-cent fare, then in such case the conductors and motormen in the city where said fare is col- lected shall automatically receive 2 cents more per hour than the rate of wages herein provided and shall continue to receive the same so long as said rate of fare is collected. We further find that if in any one of the following divisions, viz, Jackson- Grass Lake-Wolf Lake, Jackson-Kalamazoo, Jackson-Lansing, St. Johns-Owosso, the rate of fare is fixed by a rate-fixing board so that the fare collected for the entire mileage of any one of said divisions is at the rate of 24 or 3 cents per mile, then in such case the conductors and motormen operating on said division so affected shall, when said fare is collected by the company, automatically receive 2 cents per hour more than the rate of wages herein provided and shall continue to receive said wage so long as the said increased rate of fare is collected. I am clearly of opinion that the foregoing findings violate the most elementary prin- ciples of arbitration law, for the reasons that they do not follow the terms of submission, that they are not final, that they are lacking in mutuality, and that they are indefinite and uncertain. Lincoln v. Whittenton Mills, supra; Herbst 7. Hagenaers, 137 N. Y. 292: Colcord v. Fletcher, 50 Maine, 398, 401. It has been suggested by counsel for the company that even if such findings are invalid the award can be sustained with respect to those findings contained therein which may be regarded as good, but I am of opinion that the award is not severable. The severability of the bad from the good in this award is not apparent on the face of the award, which in and ofitselfisa complete answer to the company’s contention. Buccleuch v. Metropolitan Board of Works, L. R. 5 Exch. 221; Hubbell v. Bissell, 13 Gray, 298; De Groot v. U. S., 5 Wall. 420. In considering this matter I am much impressed by what Chief Justice Denman once said in the case of Tomlin v. Mayor of Fordwich, 5 A. E. 152: ‘“‘T always find a difficulty in separating the good part of an award from the bad. The arbitrator frames one part with a view to the other, which may be varied by the view which he takes of the whole.’’ It seems to me that the two provisions subscribed to by the majority members of the local board upon the question of wages are so closely interrelated as to be incapable of severability, and that it is obvious that in arriving at their conclusions with respect to the first part of the findings the majority members were influenced by the latter portion thereof and that the first part was to be regarded, as claimed by counsel for the employees, as a mere temporary makeshift until some successful future action was taken by the company. I can not therefore escape the conclusion that the majority members of the local board framed one part of the find- ings with a view to the other, and for that very reason I am unable to separate the good part from the bad. As matter of law, the burden was upon the company to show that the rejection of the void part would leave a residue so complete and distinct in itself as to constitute a valid award and that its consideration had no influence upon the consideration of the residue. McCullough v. McCullough, 4 Ind. 487; Martin v. Hitchcock, 12 Wend, 156. This burden the compaay has not sustained, and T am therefore constrained to find that the findings are indivisible and, consequently, void. But apart from my notions of the law, a conclusive answer to the company’s contention in this respect is that there was an agreement between the representatives ofthe parties that if the joint chairmen found any part of the findings invalid the entireinstrument should beheld void. I find asa fact thatsuch agreement was entered into, and because of it the award is not severable. ; I am further of opinion that the unexplained conduct of the chairman of the local board strongly gives rise to the belief that in making the award he was either actuated Yy corrupt motives or conspicuously misconceived the functions of a fair and impartial arbitrator, and that such conduct vitiates the entire proceedings. It is decidedly inimical to the interests of industrial arbitration that such misbehavior should go “4 English Court of Appeals. 292 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. unrebuked or that any award should be upheld: where the circumstances are so sus- picious as they are in this matter. It has been well stated by the Supreme Judicial Court of Massachusetts, in the leading case of Strong v. Strong, 63 Mass. 560, that arbitrators, ‘like jurors impaneled for the trial of a cause, or judges on the bench, are invested with judicial functions the rightful discharge of which calls for and presupposes the most absolute impartiality, and a judge, a juror, an arbitrator, or commissioner of partition should not only possess the quality of impartiality in fact and have the consciousness of it in the given case, he should moreover sedulously shun all the possibilities even of insensible bias. Nor is it enough for any person thus appointed to decide the conflicting rights of others to be animated with a purpose of conscientious decision and to decide in fact according to the law and the truth of the case; a judge ought to place and keep himself beyond the suspicion of dis- honorable influences, Though his judgment of the pending controversy be altogether a just one,-yet he is false to his duty if he exposes his mind to the chance or danger of perversion.’? Bearing in mind what is said in that case, I am irresistibly driven to the conclusion that the conduct of the local chairman was palpably improper. According to the uncontradicted testimony of the dissenting arbitrator, Judge Jeffries, this member of the local board was guilty of duplicity and unfairness. It appears that the chairman and Judge Jeffries were agreed upon the essential findings that were to be contained in the award and that just before executing the same the chairman temporarily absented himself for 20 minutes and then returned with a carefully. drafted document, the preparation of which I can not conceive was within the intel-- lectual power of the chairman and which contained provisions diametrically opposed to those theretofore mutually agreed upon. According to Judge Jeffries the chairman appeared distraught and embarrassed and failed to give any explanation whatsoever for his change of mind. In addition to these suspicious circumstances, the record shows that the chairman refused absolutely to enter into any discussion about the award, saying to the company’s representative, ‘‘If you sign it, I will.’ I can not believe that an innocent arbitrator who lad changed his mind in such a short space of time would from that circumstance alone have any reason for being pale and dis- traught or refuse to discuss an award which he thought was right and proper. More- over, his failure to discuss the award not only gives strong color to the belief that he was acting from corrupt motives, but, in a juridical sense, such conduct in and of itself vitiated the award, because the rule is well settled that there should be an unanimous participation by all the arbitrators in consulting and deliberating upon the award to be made. Doherty v. Doherty, 148 Mass. 367; In re Curtis, 64 Conn. 501; Matter of Perring, 3 A. E. 245. Prior to the hearing before the joint chairmen in this matter it was well understood by the company, in view of the dissenting opinion of Judge Jeffries, that the conduct of the majority members of the local board had been strongly criticized. Under the circumstances, therefore, it is significant that the company did not call as witnesses either of the majority members. The record in this case is, therefore, barren of any testimony tending to contradict in the slightest, degree that of Judge Jeffries, and I am, therefore, constrained to find as matter of fact and as matter of law that the award in this case is invalid because of the misbe- havior of the local chairman. Frank P. Watsu, Arbitrator, - _— Findings and Award in re Employees, Members of Division 831 Amalga- mated Association of Street & Electric Railway Employees of America v. The Louisville Railway Co. and The Louisville Interurban Railroad Co. 414 and 4i4a. February 4, 1919. The undersigned were selected as asection of the National War Labor Board to hear this controversy and do hereby report to the board the following findings and award: Wages of motormen and conductors.—We hereby fix the wage scale for motormen and conductors of the Louisville Street Railway Co. as follows: For the first three months, 41 cents per hour. For the next nine months, 43 cents per hour. Thereafter, 45 cents per hour. We hereby fix the wage scale for motormen and conductors of the Louisville Inter- urban Railroad Co. as follows: : For the first three months, 42 cents per hour. For the next nine months, 44 cents per hour. Thereafter, 46 cents per hour. LOUISVILLE RAILWAY-CO. - - 293 Wages of other employees.—The wages of employees other than motormen and conduc- tors before this board for fixation shall be increased by the same percentage that the maximum of the wage scale paid to motormen and conductors is increased by this award, with this limitation, that for all employees except employees under 21 years of age the minimum wage scale shall be 40 cents per hour, with the further limitation that none of these increases shall operate to carry the rate per hour for journeymen to a figure in excess of the present union crafts rate in Louisville. Period of award.—The award is to be effective and retroactive as of August 12, 1918, and shall continue until the end of the war and peace is formally declared by Execu- tive proclamation, except that either party may reopen the case before the board at periods of six months’ interval, beginning August 1, 1919, for such adjustments as changed conditions may render necessary. The company is given until July 15, 1919, in which to meet the back pay due under this award. Interpretation of award.—For the purpose of securing a proper interpretation of this award the secretary of the National War Labor Board shall appoint an examiner, who shall hear any difficulty arising in respect to the award between the parties and promptly render his decision, from which an appeal may be taken by either party to the board. Pending a final adjudication upon the appeal the decision of the examiner shall be binding except as provided in the rules of the board. Financial recommendation.—This increase in wages will add substantially to the operating cost of the companies. With no increase in wages over what the companies were paying before we made the increases in this award, the estimates made by the companies for the year 1919 show such losses in earnings that the companies would be unable'to pay a dividend. This loss in earnings is based upon the fact that their operating costs have increased and there is a prospect of losing much of the patronage now occasioned by the location of Camp Zachary Taylor, near Louisville. The financial condition of these companies was shown to be on a much sounder basis than many street railway companies we have had to deal with. There has been no financial mismanagement, no great overcapitalization, no corrupt methods attached to the history of these companies so far as the evidence before us shows. On the other hand, these companies have for many years been paying a fair dividend. The stock of these companies has been regarded as a thoruesly safe investment, and as such has been largely bought for persons who are dependent upon the security of their investment for their income. Particularly have estates, widows, and de- pendent children had to look to the stock of these companies for the income with which to meet expenses. A large portion of this stock is owned in Louisville and vicinity. It would seem to be to the interest of the city that the stability of these securities be maintained by reason of the local interests which would be affected should they become of little or no value through the inability of the companies to pay dividends. With the increased wages which this board has felt it necessary to make in order that the employees might have a living wage, the companies would not be able to pay dividendson their stock and possibly might not be able to earn enough to meet _ all of their operating expenses unless they be allowed to charge a higher fare than they are now charging. | : La : . We therefore earnestly recommend to the city authorities to prevent such a calamity to these companies by permitting them to charge au increased fare which would be sufficient to meet their increased operating costs, including the increased wages which we have awarded, and to pay a reasonable dividend on their securities. Wu. H. Tart, Basit M. Manty, Joint Chairmen and Section. INTERLOCUTORY ORDER. March 17, 1919.] a : The petition of the company for a rehearing and modification of the award in this case is denied in so far as it relates to an increase of pay to the trainmen and in so far as the same percentage of increase is applied to other enployees, and we order and direct that the company immediately put into effect the award of this board covering the increases of pay to its trainmen and other employees, except that the company is not required at this time to put into effect the minimum wage awarded by this board. The questions of minimum wage, of back pay to employees who have left the service of the company, and the other questions involved in the petition for rehearing which we shall reconsider, will be decided at a later date. Wa. H. Tart, Basi M. Manty, Joint Chairmen and Section. 294. CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. FINAL ACTION ON PETITION (eae FOR MODIFICATION OF A D. April 11, 1919.] ; An interlocutory order was issued in this case on March 17, 1919, leaving three questions for future determination. The examiner of this board has been in Louis- ville in conference with representatives of the company and of the employes, and has made the following decision: ' Marca 27, 1919. Lovisvitte Raitway Co. and Drvisron 831, A. A. 8, E, R. E. of A., Louisville, Ky. . Dear Sirs: The interlocutory order of the National War Labor Board in your case, dated March 17, 1919, left three questions for future determination. In addition to these three questions, several other questions arose at the conferences of March 24 and 25, between the representatives of the company and of the asso- ciation, requiring an interpretation of the award. In accordance with the award, the secretary of the National War Labor Board has appointed me to give an interpretation where one is requested by either party. The decision is: 1. The increase in wages established by the award over and above the wage fixed by the agreement between the company and its employees, dated the 29th day of October, 1918, is to be denoted on the pay-roll sheets of the company as ‘War Labor Board Adjustment.” 2. The wages of the interurban ticket agents are to be increased by 18% per cent, with the exception of the agent in charge at Shelbyville, whose wages are not to be increased. 3. Employees who are incapacitated from doing a normal day’s work by reason of age or physical disability may be paid a special rate, less than is granted by the award, by agreement between the representatives of the company and of the asso- ciation. In case the parties are unable to agree, any specific case may be referred to the examiners of the National War Labor Board for a decision, which decision is subject to appeal to the arbitrators as provided in the award. Under the above ruling the watchmen in the Louisville Terminal Station and the stoveman in the Louisville Interurban Station are to receive only the 18} per cent increase over. their former wage. . 4. The intent of the award is to give every adult male employee affected en- gaged in an occupation essential to the operation of the cry and whose rate _1s not specifically fixed by the award, a daily wage of at least $3.50 or $4 for 10 hours’ work. Wherever possible, the hours of labor should be reduced 10 wherever they are now greater, but in cases where long hours are found to be absolutely necessary in the operation of the road, a reasonable interpretation of the award would be that such persons are to receive the $3.50 or $4 per day, based upon the number of hours per day they were working at the time of the submission of the case. 5. Employees in the following classifications are to continue to receive the 184 per cent increase, and if this increase does not bring their wage up to a minimum - wage of 35 cents per hour ay are to receive said minimum wage of 85 cents per hour 7. to not more than 10 hours’ work per day: , ar cleaners, city and interurban. Car house janitors, city and interurban. Car house stablemen. Freight truckmen. Express car helpers. Track laborers (exclusive of men specialized as welders, bonders, grinders, and the like). Track curve men, Track department teamsters. Shop teamsters and janitors. Paint shop car cleaners. Shop firemen and firemen helpers. Eevee ea boiler room department (including coal handlers and aborers). The other employees, including the car shifters, track welders, bonders, grind- ers, and the like, power station oilers and coal foremen in the power station, are to receive the 18} per cent increase as above, and if this increase does not bring their wage up to a minimum wage of 40 cents per hour they are to receive said minimum wage of 40 cents per hour up to not more than 10 hours’ work per day. Clauses in the award regarding employees under 21 and employees receiving the union craft rates are still to be in effect. READING IRON CO., READING, PA, 295 6. On account of the wording of the agreement between the company and its employees, dated October 29, 1918, employees who resigned or ae uenaneaa from the service of the company on February 4, 1919, or thereafter, are to receive their back pay under the award when it is due, but employees who have resigned or have been discharged from the service of the company prior to said February 4 1919, are not to receive any back pay. : Very truly yours, ArtHur Sturcis, Examiner, War Labor Board, This decision is hereby approved and is adopted as an action of the board. Wn. H. Tart, Bast M. Manty, Joint Chairmen and Section. Award in re Employees v. Reading Iron Co., Reading, Pa. 416. November 19, 1918. This case comes before the board by pout submission, dated September 19, 1918. Committees.—The principles upon which this board is founded recognize the right of employees to organize and bargain collectively, and there shall be no discrimination or coercion directed against priper activities of this kind. Employees in the exercise of their right to organize also shall not use coercive measures of any kind to compel persons to join their unions, nor to induce employers to bargain or deal with their unions. ; As the right of workers to bargain collectively through committees is recognized by the board, the company shall recognize and deal with such committees after they have been constituted by the employees. Wages.—Puddlers and finishers: The rate paid to puddlers shall be increased 15 per cent per ton over the rates in effect August 4, 1918, and to puddle rollers and bar- iron vere 10 per cent, and skelp finishers 8 per cent, over the rates in effect August 4, 1918. Other employees: The wages of all employees on an hourly basis in the tube mills, also including the maintenance men, the hammer men, and the forge men, are to be increased 5 cents per hourover the ratesin effect September 29, 1918, and piece workers in the tube mills 15 per cent as of same date. All bonus and premium payments heretofore in effect may be abolished by the company. Minimum rate: The minimum rate for adult workers is to be 40 cents per hour, provided, however, that the minimum wage rate herein provided shall not apply to those who, by reason of old age or permanent physical incapacity, are unable to per- form a normal day’slabor. Any differences arising in this regard shall be decided by the committees representing the workers and the company. : Hours of labor.—The basic 8-hour day shall apply to all hourly workers, as of Novem- ber 1, 1918. Hours worked in excess thereof shall be paid for at the rate of time and one-half, and at the rate of double time on Sundays and National holidays, provided, however, that the double time for Sunday work will not app to biast furnaces nor in continuous operations where the employees have one day off in seven. Presentation and adjustment of grievances and disputes.—The management shall receive the committees herein provided, for the purpose of presenting any grievances or disputes which they have to submit, which shall not be any matter herein settled or rejected. : . The payment for changing rolls, working break-downs, and laying brick while fixing furnaces on Sunday, shall be taken up by the committee with the management for adjustment, 3 Ravoacdiue pay.—The retroactive pay for puddlers, bar-iron and skelp finishers shall be figured from August 4, 1918. Retroactive pay for other employees shall be fizured from September 29, 1918. Back pay shall be made on or before December 15, 1918, : Administrotion.—Should the committees and the management fail to agree upon the application and interpretation of the terms of this award, upon request to. the board an administrator will be provided to supervise its application. The adminis- trator in such ‘cases shall hear any differences arising between the parties and shall promptly render his decision, from which an appeal may be taken by either party to the National War Labor Beard. 296 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD, Duration of award.—This award shall be in effect for the duration of the war, but at periods of six months’ interval hereafter application may be made by either party to this board, or such other agency as may be mutually agreed upon, for such adjustments as changed conditions may render necessary. C. E. MicHas1, ApAm WILKINSON, Section. Award in re International Molders’ Union, Local No. 395, v. Aetna Foundry & Machine Co., The McMyler Interstate Co., and Trumbull Manufacturing Co., all of Warren, Ohio. ; 437. January 8, 1919. . Demand in August, 1918, originally for an increase from $6 to $6.50 for the 9-hour day, but on refusal changed to a similar demand for an 8-hour day with time and a half for overtime and double pay for Sundays and holidays, was submitted to the National War Labor Board for arbitration under an agreement that the award should be ens as of September 3, 1918. Some 63 molders and coremakers are directly involved. This controversy differs from that of Elizabeth, N.J., foundries, heard on the same day and heretofore decided by me, in this, that the section to whom the matter was referred reached a conclusion and at a meeting of the National War Labor Board 11 of the 12 members voted in favor of the joint report. While it has been stated that some of the members so voted under a misapprehension of the situation, I should nevertheless feel impelled to concur in the result unless I were clearly satisfied that it was entirely unreasonable orillegal. A careful considera- tion of the evidence and arguments presented convinces me, however, that the con- clusions so reached are properand valid. I therefore adopt the award as recommended except that the time limit for back payments is extended to December 31, 1918. This case illustrates the great desirability of determining these questions not with reference to a single community or to certain factories or foundries but to the entire industry within a competitive territory. Cleveland is said to be Warren’s real com- petitor, at any rate as to the products of the foundries in question, and it is urged that the contract in force between foundries and unions in Cleveland expiring January 1, 1919, should govern the Warren situation. But while time contracts govern the Cleveland situation, they have not been adopted in Warren. To permit them now to control would subject both employers and employees to conditions in the creation of which they had no voice. If Cleveland foundries are contractually protected in a 9-hour day with a $5.50 minimum wage, the Cleveland employees would likewise have been protected therein if hostilities had terminated at an earlier day or if, for any reason, conditions would have forced a reduction in wage but for the contract. Both parties in Warren were content to go ahead without a time agreement; as cost of living increased, fresh demands were made and usually assented to in whole orin path untilin May, 1918, the Warren men were given a wage 50 cents in excess of the Cleveland minimum—a clear demonstration that neither party really considered the Cleveland contract asa guide. Furthermore, it is to be noted that in practice the minimum of $5.50 for a 9-hour day is by no means the maximum or even the average molder’s wage in Cleveland. In some shops the 8-hour day prevails and wages range from $5.50 for 9 hours to $6.50 for 8 hours. It is unnecessary to repeat the considerations stated in the Elizabeth, N. J., case for the 8-hour day in this trade. For the same reasons it should prevail in Warren. In the building trades and in the Warren steel mills, which set the pace for analogous industries, the 8-hour day, at even higher wages, has been firmly established. In other trades 9 or 10 hours are still the normal day’s work. There is, therefore, no uniformly prevailing custom to be urged as against the 8-hour day, now becoming the normal workday in occupations of this character. It is to be noted that at the hearing the employees expressly stated their desixes for the straight, not the basic, 8-hour day. . Ii the award had been made at that time, this request might well have been granted, with proper provisions for overtime only in emergency, to be determined by the parties jointly. For the brief remaining period such provisions are not essential. : In accordance, therefore, with the section report, I award as follows: 5 Wages.—The daily rate of wages paid to molders and apprentices for a 9-hour day on September 3, 1918, shall be the daily wage rate paid for an 8-hour workday. Machine operators now paid by piece rate shall be given a percentage increase equal to that given the hand molders. PHILADELPHIA RAILWAYS CO. a7 297 Hours of labor and overtime.—-Eight hours shall constitute a day’s work. Overtime in excess of 8 hours shall be paid at the rate of time and one-half, with double time for Sundays and national! holidays. Date effective.—This award is to take effect as of September 3, 1918, and shall con- tinue in force until December 31, 1918. The company shall be allowed until Decem- ber 31, 1918, to make payments to its employees of the back pay, if any, due them under this award. “Junran W. Mack, Umpire. Award in re International Brotherhood of Electrical Workers of Americe v. Intermountain Power Co., Spokane, Wash. 440. November 22, 1918. e In the case of the International Brotherhood of Electrical Workers versus The Intermountain Power Co., which the parties jointly submitted for adjudication, the National War Labor Board orders: : Wages.—That journeymen shall be paid $6 a day. Hours of Labor.—That 8 hours, between the hours of 8 a. m. and 5 p. m., shall constitute a day’s work, The men shall go to and from their work on their own time; provided, however, that such time going to and from work shall not exceed one-half hour per day. One hour for dinner, between the hours of 12 m. and 1 p: m. shall be allowed, and time traveling to and from dinner shall be on the company’s time. Overtime.—All the time worked in excess of 8 hours on any regular working day shall be paid for at the rate of time and a half. All time worked on Sundays and holidays shall be paid for at the rate of double time; provided, however, that the half hour per day allowed for traveling to and from work on the worker’s time, or so much of it as may be used for that purpose, shall not be considered overtime. Board and lodging.—The company cal provide board and lodging for the sum of $1 per day. All meals shall be served at the camp. ubforemen.—That the company shall employ a journeyman lineman as a sub- foremen upon all jobs where linemen are employed; but in all other cases this con- troversy shall be adjusted by mutual agreement between the company and the representatives of the workers. Retroactive pay.—The increase in wages herein provided for shall be retroactive to September 26, 1918. The company shall have until January 1, 1919, to make the payment of back wages. Wa. H. Tarr. Frank P. Watsa. Section. Findings and Award of Joint Chairmen as Arbitrators in re Employees v- Philadelphia Railways Co. 442. October 23, 1918. The arbitrators make the following findings and award: Wages.—The wage scale to be paid to all motormen and conductors shall be: For the first three months of service, 41 cents per hour. For the next nine months of service, 43 cents per hour. Thereafter, 45 cents per hour. : Wages of women turnstile operators and cashiers—The wages of women turnstile operators and cashiers shall be: For the first three months of service, 32 cents per hour. For the next nine months of service, 33 cents per hour. Thereafter, 35 cents per hour. _ : : The company shall allow a lunch period of 45 minutes per day. Wages af darter. ihe wages of starters shall be increased by the same percentage that the maximum of the wage scale paid to motormen and conductors is increased. by thisaward. ~ . ; ; ; Interpretation of award.—For the purpose of securing a proper interpretation of this award, the secretary of the National War Labor Board shall appoint an‘examiner, who shall hear any differences arising in respect to the award between the parties and promptly render his decision, from which an appeal may be taken by either party to the arbitrators making this award. Pending a final adjudication upon the appeal the decision of the examiner shall be binding. ~ 298 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. Effective date.—This award is to take effect as of October 1, 1918, and shall con- tinue for the duration of the war, except that either party may reopen the case before the arbitrators at periods of six months’ interval, beginning May 1, 1919, for such adjustments as changed conditions may render necessary. The company shall be allowed until December 1, 1918, to make the payments to its employees of the back pay due them under this award. Wn. H. Tarr, Frank P. Watsu, Arbitrators. Opinion and Order in re Employees of Detroit United Railway, Members of Amalgamated Association of Street & Electric Railway Employees of America, v. Detroit United Railway, and Women Conductors’ Association v. Amalgamated Association of Street & Electric Railway Employees of America. 444. January 18, 1919. In this, the Detroit United Railway case, heard under a submission to the joint chairmen as arbitrators, the issues were as to the terms and conditions of employment, including wages, hours, and other circumstances, and the joint chairmen made an award. In that award is the following clause: It is understood that no objection shall be made to the employment of women or colored men if necessity arises. The Detroit United Railway, in its relation to its euplares is a closed shop; i. e., the company makes its contract of employment with the local union of the Amalga- mated Association of Street & Electric Railway Employees of America and agrees therein to employ as permanent employees only members of the union. The prac- tical arrangement is that the company is permitted to accept for its employment any person who seems fit, and after 48 hours’ test the applicant is sent to the proper officer of the union to receive what is called a permit, and then, after $0 days of proper service, if the company finds the man competent and no reasonable objection to him is presented by the union, he is to be admitted to the union, and thus all the permanent employees of the company are, by contract, members of the union. It was with reference to this contract and this course of business that a provision was made in an agreement between the union and the company, preceding the award, which in effect stipulated that there should be no discrimination against women and colored men if the necessity for their employment should arise, and that provision was subsequently incorporated in the award of the joint chairmen. Commencing in September, therefore, with the consent of the association, women were first employed as conductors, the total number employed to December 6, 1918, being 390, which number has now, by discharges, withdrawals, and other causes, been reduced to alittle less than 200. These women obtained permit cards from the associa- tion. An additional class of 15 women, after preliminary training, were directed to apply to the association for permit cards to complete their training, in accordance with the course of business already described. The officers of the association, on the 6th of December, declined to issue permit cards to the class of 15 partially instructed women, and further notified the company that all women thus employed must be out of the service by January 1, 1919, and further, that no additional permit cards would be issued to any women. The joint chairmen were advised by the counsel for the company that there had been a threat of astrike unless these requests of the association were complied with. There- upon, on the ap iedion of the company, the association and the company were noti- fied to appear before the joint chairmen, and also a representative of the women con- ductors then in the employ of the company. Evidence has been taken and argument by the three parties to the present con- troversy—the men, the company, and the women employees—has been heard. This case does not involve the general question of the right of women to pursue, as a livelihood, any employment which they desire. It arises under closed shop restric- tions which, under our principles, during the war, we are required to maintain. The issue, therefore, is one of the interpretation of the contract and the determination of fact to which the contract applies. The case has been quite fully argued on the construction of the contract, and Miss Deland,.the counsel for the women eae given us the benefit of references to a number of cases in which the meaning of the words ‘“‘necessity’’ and ‘‘necessary?’ have had legal interpretation. The counsel for the company states that the company interpreted the words ‘‘if necessity arises’’ to mean that if the company was unable ‘DETROIT UNITED RAILWAY. 299 to obtain sufhcient men to man the cars that a necessity existed. Miss Doland pro- perly emphasizes the fact that such a contract as this should be construed in the light of public necessity; that the people of Detroit are entitled to a proper, effective, and safe service, and, therefore, that the term ‘‘necessity’’ should be construed to mean that the men available should be reasonably good material out of which to make safe and effective conductors. But we think that the term ‘‘necessity,’’ as used in the contract and stated as an exception to the general employment of men, which was evidently understood between the parties, has a wider meaning than mere convenience to the company. It means, ag we take it, that the company should use reasonable diligence to get men who are competent to run the cars, and if, after such exercise of diligence, a sufficient number of men are not available, then it has the discretion to employ women or colored men and present them to the association, first for permit cards and then for membership, or, at least, if membership is not conceded, to allow them to be employed by the com- pany without objection by the men. In that view we come to consider the facts. We have no doubt that from the time in September down to the armistice, at least, there was a dearth of suitable male candidates for service in the company, and even down to the 6th of December we think that the issuance of permits by the association is evidence of such a character that the union is not in a position to controvert the inference to be drawn from their own action in this regard. s There is now, however, from the testimony of the witnesses for the company and for the union, as well as from our own knowledge of the general labor situation, a sub- stantial change and the number of men available for service with the street car com- pany is rapidly increasing. The figures show that during the month of December the number of men applyang and: accepted was more than 700, which, with the men resigning or discharged, created a net increase in the male force of the company of 290 for that month. While we have not received the figures as to the first half of January definitely, the statements as to the permits issued for men would lead us to think that. the supply is likely to increase in greater proportion as we approach the lst of February. . The company and the woman conductors pressed upon us the fact, which does not seem to be denied, that quite a number of the male employees were either under age or not sufficiently acquainted with the English language properly to discharge their duties as conductors and motormen, but we think the evidence of the increasing supply of labor is such as not to leave the company embarrassed in this regard. It is possible that the number of discharges in December rid the company of some of these objectionable or incompetent employees, and we feel well assured by the evidence that the number of applicants, if the company uses due diligence to find them, will be sufficient to enable it to improve the average excellence among their male employees. We feel, however, that as to the 15 women who prepared themselves and applied and were approved by the company, they are in such position that the company should accept them and that the union should issue them cards. The further issue arises whether we should say to the company, under the contract and circumstances, that it is its duty to discharge the women now initsemploy. We find no such express limitation upon the employment of women in the contract. And we feel that, without such express provision, equity, and fair dealing toward the women who have prepared themselves for this employment, changed their resi- dence in order to meet the requirements of the employment, and who doubtless in many instances have come to be dependent on the income received from the employ- ment, require us to hald that no such implication arises from the wording used and that the union must be content with the continued employment of the women now with the company, and the 15 above mentioned, until in natural course, by voluntary withdrawal, by discharge, or for other causes, they cease their connection with the company. e have been referred to the action of this board in the Cleveland Street Car case. A petition for rehearing to revise that action has been filed and a heenne set before this beard. We have investigated that case sufficiently to assure ourselves that it can not control our decision in this, even if the action of the board after rehearing besustained. The facts are different. ; An interesting argument has been made to us with reference to the suitable character of the duties of conductors on street ears, as they are run in our large cities, for women. We have been considerably impressed by the argument of counsel that the night hours and the very early morning hours required in the street railway service, the amount of standing and moving about in crowded cars, and the possible police duties that condtictors may have to discharge, are likely, after the war exigency loses its 300 CHAP, V.—AWARDS OF NATIONAL WAR LABOR BOARD. influence, to lead to the general conclusion that women are not well adapted to the service. ' But that does not enter into the issue here, except that it may form a reason why the company should, where it can, make veaner for the employment of the women, it has in its employ in some other service less physically trying. The joint chairmen are deeply in sympathy with the wider employment of women and regard the Epes up of new avenues for the pursuit of livelihoods by women as one of the beneficial results of the war upon society. He is, however, no friend of the wise advance of women into the much to be desired independence of self-sup- port, who does not exercise discretion by a prudent discrimination between the work which women can do without injury to health or subjection to unfavorable environ- ment and that from which they have been heretofore excluded solely by unreasonable custom or convention or the ignorance and predudice of men. - The order, therefore, will be that the company may retain in its employ those women now engaged in its service and may receive into its service the 15 already mentioned who prepared themselves for duties as conductors, and that the union shall issue the yet permits to them for such employment, but that no more women shall be employed. Wm. H. Tart, Bast M. Manty, Joint Chairmen. Findings and Award in re Amalgamated Association of Street & Electric Railway Employees of America, Divisions No. 721 and No. 724, v. Lewis- ton, Augusta & Waterville Street Railway Co. 448. November 20, 1918. The undersigned were agreed upon by both parties as arbitrators to hear and adju- dicate this controversy, and hereby make the following findings and award: Wages.—The arbitrators are fixing these rates for the period of the war only, and therefore have substituted for more extended graduations of rates by years a shorter period for the increases. The wage scale for all motormen and conductors shall be: For the first three months of service, 39 cents per hour. For the next nine months of service, 41 cents per hour. Thereafter, 43 cents per hour. : Wages of other employees.—The wages of puployess other than motormen and con- ductors, which have been submitted to the arbitrators for fixation, shall be increased by the same percentave that the maximum of the wage scale paid to motormen and conductors is increased by this award, the percentage increase to be applied to the wage rates set forth in the agreement between the company and the association and not to the wage rates as increased since the date of the said agreement; provided, _ however, that if this increase does not bring the wage of any adult male employee up | to a minimum of 424 cents per hour he shall be paid said minimum of 424 cents Pi hour up to not more than 10 hours’ work per day. Where women are employed in the same classification as men they shall be paid equal pay for equal work. The foregoing provisions shall not apply to employees who already are receiving union craft rates, nor operate so as to increase their wages beyond such rates. | Interpretation of award.—For the purpose of securing a proper interpretation of this award the secretary of the National War Labor Board shall appoint an examiner, who shall hear any difference arising in respect to the award between the parties and promptly render his decision, from which an appeal may be taken hy either perce to the arbitrators making the award. Pending a final adjudication upon the appea! = oa of the examiner shall be binding except as provided in the rules of the oard. Date effective.—By agreement between the parties this award is to take effect as of the date on which it is made. It shall continue for the duration of the war except that either party may reopen the case at periods of six months’ interval, beginning Me 1, 1919, for such adjustments as changed conditions may render necessary. wmancial recommendation.—This increase in wages will add substantially to the operating cost of the company and will require a reconsideration by the proper authori- ties of the fare which the company is allowed by law to collect from its passengers. We make part of this award the words we have used in the award in the Cleveland. _ cage: We have recommended to the President that special congressional legislation be enacted to enable some executive agency of the Federal Government to consider the very perilous financial condition of this and other electric street railways of. SAN DIEGO ELECTRIC RAILWAY CO. 301 the omy and raise fares in each case in which the circumstances require- it. We believe it to be a war necessity justifying Federal interference. Should this be deemed unwise, however, we urge upon the local authorities and the. people of the locality the pressing need for such an increase adequate to meet the added cost of operation. This is not a question turning on the history of the relations between the local street railways and the municipalities in which they operate. The just claim for an increase in fares does not rest upon any right to a dividend upon capital long invested in the enterprise. The increase in fare must be given because of: the immediate pressure for money receipts now to keep the street railways run- ning so that they may meet the local and national demand for their service. Overcapitalization, corrupt methods, exorbitant dividends in the past are not relevant to the question of policy in the present exigency. In justice the public should pay an adequate war compensation for a service which can not be rendered except for war prices. The credit of these companies in floating bonds is gone. Their abilit ee on short notes is most limited. In the face of added ex- penses which this and other awards of needed and fair compensation to their em-. ployees will involve, such credit will completely disappear. Bankruptcy, receiv- erships, and demoralization, with failure of service, must be the result. Hence our urgent recommendation on this head. ; In addition ‘to the above we desire to point out to the riding public the absolute necessity of continuing the patronage of the past if the company is to continue to: give any service upon its lines. A public service corporation must be supported by the public, and if that support is withdrawn the company must of necessity either: cut down its service radically or else cease its operations altogether. : Wn. H. Tarr, Frank P. Watsu, Arbitrators. Findings in re Employees Members of Division 826, Amalgamated Asso-. ciation of Street & Electric Railway Employees of America, v. San Diego. Electric Railway Co. 452. April 10, 1919. The controversy between these employees and the company was referred for settle~ ment by the Secretary of Labor to this board on September 18, 1918. On August 14 the employees, through the vice president of their organization, had made complaint. direct to one of the joint chairmen of this board, petitioning the board to Dass upon. their grievances, stating that they were seeking an adjustment of wages and working conditions. On December 24 these employees filed a more formal complaint, signed by five employees as a committee for all the members of this local. This complaint was. filed on one of the forms prescribed by this board and amplified the grievances pre- viously complained of. . ; a é The company was represented at hearing through its attorney and its vice president, but declined to submit the controversy to this board, maintaining that the board was without jurisdiction an account of the cessation of hostilities, and furthermore be- cause the formal complaint had been filed after December 5, at which time the board. passed a rule declaring it would not hear cases.that were not jointly submitted. We have given careful consideration to the contention of the company and we hold that this case was properly before the board for determination by reason of a reference to the board by the Secretary of Labor and by reason of a complaint, informal as it. was, filed by a representative of the employees on August 24, 1918. : This controversy, both as referred by the Department of Labor and as complained of by the men, was limited to wages and working conditions. The amended com- plaint of December 24, in so far as it seeks to set ee any new matters other than wages. and working conditions, can not be considered. At the pee it was sought to have this board order the reinstatement of four men discharged for alleged union activities. After a study of the evidence introduced we find that the wages now paid by this company to its motormen and conductors, which is 40 cents for the first year, 45 cents thereafter, with three cents additional for one-man cars, is a fair wage for the trainmen. employed by the San Diego Electric Railway Co., and we suggest no increase in said wages. 2 ; “The request of the men for an 8-hour day is not granted. We have never established sucha day on street railway industries in America. i We do not recommend the reinstatement of the four men who claim to have been discharged for union activities. In the first place this was not an issue which the 802 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. company was required to meet under the rules of procedure of this hoard, as they had never been informed that the men were making this request until the hearing. Secondly, the showing made by the company indicates rather clearly that all.of these men were discharged for ample cause. Two of these men were guilty of reporting late for work on more than one occasion, another for visiting saloons with his uniform and cap, and the fourth man was shown to have violated many of the company’s rules. The services of all these men were clearly unsatisfactory. : =o We find, upon consideration, that the company’s plan of collective papery through a committee primarily constituted and appointed by the company for the purpose of holding and disbursing a fund for paying claims against the company occasioned by accident, does not meet the requirements of this board with regard to collective bargaining, and does not constitute such a plan of collective bargaining as the men are entitled to. We recommend that the company carry out the principles of this board which give to the employees the right to meet and treat through com- mittees of employees with the officials of the company in relation to wages, working conditions, and other matters affecting the interests of the workers. The company should meet and treat with such committees representing employees, regardless of the fact that they are elected at a meeting of workers who are members of the union. This does not require the company, however, to deal with the union as such, or to recognize the unions, ene aa m. H. Tarr, Basin M. Manty, Joint Chairmen and Section. Findings in re Gas Makers’ Union of the City of Minneapolis, Representing Axel Larsen, Tom Newton, Albert Nordstrom et al., v. Minneapolis Gas Light Co. ‘473. April 11, 1919. The National War Labor Board, in considering on appeal the question of jurisdic- tion involved in this case, affirms the decision of the joint chairmen as handed down under date of November 22, 1918. It also makes the following findings: This is not a joint submission, : Wages.—The board finds that the wages paid by the company as a whole are reason- able and, in general, have met or exceeded the demandsofthe men. The board rec- ommends, however, that the employer meet with the committees hereinafter provided for in order to readjust, by mutual consent, certain individual inequalities in wages alleged to exist. Hours.—The board recommends that the 8-hour basic day now in effect should be continued. Right to organize.—The principles upon which the board is founded guarantee the right to employees to organize and. bargain collectively, and there should be no dis- erimination or coercion directed against proper activities of this kind. Employees in the exercise of their right to organize also should not use any coercive measures of any kind to compel persons to join their ynions, nor to induce employers.to bargain and deal with their unions, Reinstatement of employees discharged for union activities.—The board recommends that employees discharged by the company solely for legitimate union activities be reinstated, with reimbursement for time lost, less any earnings which may have been secured in other occupations, Committees. —As the right of workers to bargain collectively through committees is recognized by the board, the company shall recognize and deal with such committees of their own men after they have been constituted by the employees. * Duration of award.—This recommendation shall be effective for the duration of the war, and may be reopened by either party at intervals of not less than six months, beginning October 1, 1919. Award in re International Molders’ Union, Local No. 11, v. Rochester Founders (Inc.). 474. March 6, 1919. The parties to this controversy had an agreement of many years’ standing, renewed ber by year from May 1 to May 1, exceptas altered by agreement, alter notice given y the one side to the other at least 30 days prior to May 1. Itis difficult but unneces- sary to determine whether the original agreement was written or verbal; that there was such an agreement is beyond question, WILMINGTON & PHILADELPHIA TRACTION CO. 803 Up to April 30, 1918, the minimum wage was $4.25. Due notice had been given of the desire to change this. Prior to May 2 the parties had come to no agreement asto the rate of wages, the only question involved in the controversy. The manufac- turers made a final offer of $5.25 minimum, and 75 cents increase over prior wages to those who had theretofore received above the minimum; the men asked for $5.25 minimum to July 1 and $5.50 minimum thereafter until the following May 1. The proposition of the manufacturers was finally accepted by the men, but with the understanding on their part, given by their leaders, that this renewal as to wages was not for a year, but was indefinite and an increase could be sought at any time. I Gnd on the evidence, however, that the manufacturers believed that the offer had been accepted as made; that is, in accordance with the terms of the old agreement for a year, and subject to an increase thereafter only on the usual 30 days’ notice preceding May1. Themen went to work, receiving the amount offered by the manu- facturers, and continued in this position until August30, Onthatdatethey demanded $6 minimum and an 8-hour day. The failure to accede to this led to a strike, and this resulted in a joint submission. This joint submission, however, which was as to wages, hours, and the retroactive character of the award, was accepted by the manufacturers upon their right to submit other questions. In November the manufacturers, recognizing the increase in the cost of living, voluntarily offered to increase the pay to $5.64 per day, but on the day as theretofore established. Jurisdictional questions are raised, which it is unnecessary, in view of the decision, todetermine. While the views originally expressed by the umpire in other cases in regard to the 8-hour day are entirely unchanged, they are inapplicable to the present situation, for itis clear here that the parties renewed their agreement fora year based upon the so-called 9-hour day as theretofore observed, and subject only to one term as to which there was a misunderstanding, namely, the length of time for which the $5.25 minimum with 75 cents increase to the high men should be applicable. View- ing the situation in the aspect most favorable to the workers, they had the right at any time to demand an increase in wages. They had no right during the year to demand a change in hours. I can not find on the evidence that an increase in wages beyond $5.64 per day is to be sustained, butin view of the negotiations and relations of these parties, I award these wages as a minimum for the period ending April 30, 1919. The award in this meee shall be retroactive to September 1, 1918. No other change in the relations of the parties shall be effective until May 1, 1919, and then only if at least 30 days’ notice of changes desired shall have been given prior to that date. Juuan W. Macs, Umpire. Findings and Award in re Employees Members of Division 842, Amalga- mated Association of Street & Electric Railway Employees of America, v. Wilmington & Philadelphia Traction Co. 475. January 15, 1919. The parties in this case submitted their controversy to the National War Jahor Board and during the hearing before the examiner reached an agreement on the 16 points involved in said controversy and requested an award of this board effective this date covering said points and approving the agreement reached. Therefore we, the undersigned, selected as a section of the National War Labor Board to hear and determine the controversy, do hereby approve the following and Teport it to the board as our findings and award: ines de 1. Employees operating snow plows and snow sweepers will be paid time and a half, and their time shall be computed from the time the men report for such work until the time they are relieved. . 2. Whiie a con/luctor or motorman is instructing new men he will receive 5 cenis additional per hour for actual platform time while acting as an instructor. 8. Men having early and late straight runs will be paid time and one-quarter for all platform time in excess of 10 hours’ platform time. ra 4. Men baving swing runs in which the total time elapsed from the beginning of. the run in the morning exceeds 14 hours will be allowed time and a quarter for the fifteenth and each successive hour until the run is completed. 5, A motorman or conductor holding regular runs and ordered to report for extra work in addition to his regular run, and who, unless otherwise notified before the completion of his regular run, reports but does not perform such extra work, will be guaranteed one hour’s time at his regular rate. 804 CHAP. V.—AWARDS OF NATIONAL WAR LABOR. BOARD, 6. Motormen and conductors will he allowed 15 minutes’ time at the regular rate for taking out and turning in car, motorman to see that the car is in good operating condition before it is taken out, conductor to make his turn in at the end of the day’s work. Motormen and cenductors will be allowed 30 minutes at the regular rate for making out accideut reports. ‘ aes 7. If employees are attending court or before a public utility commission or any inquest or medical examination at the company’s request, they will receive the same wages that they would be entitled to if engaged in their regular work but shall not be entitled to a witness fee in addition. : 8. When a motorman or conductor having a regular run is ordered to report at any time other than his regular reporting or leaving time he will be paid for all time between his regular reporting and leaving time and the time that he is ordered to report. When a man is compelled.to deadhead from or to the barn to or from his regular run he will be paid at the regular rate. 9. Conductors and motormen, when taken from regular runs for extra or special service and who would not thereby earn as much as paid on such regular runs, will he paid for such extra or special service the same as had such men performed their regular services: hut the company may assign them such other and additional services hesides that for which they were taken from their regular runs as will make the total services equivalent in platform time to that of their regular runs. — 10. Any conductor or motorman who is ordered -to report and does report and answers all roll calls will be guaranteed a minimum wage of $17.50 a week, provided he remains on duty not to exceed 14 hours, with a reasonable time off for meals. 11. Motormen will not be required to work as conductors, or conductors as motors men, when a conductor or motorman is available for his work. 12. On special occasions when business is so heavy that trainmen shall not have time to go to their boarding houses or homes at their regular mealtimes on account of being late or being assigned to additional work, the company will continue as heretofore to furnish lunches whenever possible. 13. Stools will be provided by the company for motormen on all cars having See platform space, but their use shall be regulated as at present by special ulletins, 14, All regular employees of the company wil!, as heretofore, be permitted to ride free over all the lines of this company when in uniform or when showing transporta- tion badges. 15. Asat present, all vacant runs will he posted at least three days prior to the time of bidding. Bids for vacant runs will be by letter. Vacant rupvs will be assigned to the motormen and conductors in. accordance with seniority or continuous service with the company, the oldest. man in continuous service to have first choice when vacancies occur. : 16. Company will at once make investigation of the toilet facilities along ifs lines and will as rapidly as possible provide such additional facilities as are necessary and possible. Wn. H. Tarr, Basia M. Manty, Joint Chairmen and Section. Opinion in re Employees (Women Conductors) v. Cleveland Railway Co. 491. March 17, 1919. The employees of the Cleveland Railway Co. filed a complaint against the company, under the rules of the board, in the spring or early summer of 1918. It was fully heard by the then joint chairmen and a conclusion reached in respect to wages and terms of employment. In view of the anticipated difficulty in securing men for the positions of conductors, the national amalgamated union advised its local branches that they would be permitted to take in women, and to admit them to employment as conductors under the closed-shop contracts made with the company. A large num- ber of women were employed by the Cleveland company. Subsequently, however, the local union in Cleveland objected to the continuance of women as conductors and threatened to strike on account of theiremployment. Two investigators from the Department of Labor visited Cleveland, and the issue between the company and the men was submitted by the company and the union to them. The investigators decided that the situation did not demand the further employment of women and that the company should discharge them. The women were not given any oppor- tunity to be heard on this subject by the investigators. No open hearing was had. Application was made by the women to the Department of Labor with no effect. CLEVELAND RAILWAY CO. 805 The women then appealed to the National War Labor Board, filing a formal complaint against the company, and made the local union parties. An order was issued by this board against the company, of an interlocutory character, directing the company not to discharge the women until their case could be heard. ° The Secretary of Labor then suspended the operation of the decision of the investigators until the matter could be presented to board. There was a preliminary hearing, not on the merits, in which the women appeared and an argument was made. Thereafter, without the presence of the women, who were plaintiffs, an order was made, as follows: In the case of Employees v. the Cleveland Railway Co., Cleveland, Ohio, the board finds and recommends as follows: Whereas it is recognized by the board that during hostilities the employment of women in the street railway industry in Cleveland and on the cars was due to the shortage of men withdrawn for military service; and Whereas since the armistice has been signed and men are being returned in daily increasing numbers to their usual employments; and Whereas the mayor of Cleveland appeared this day before the board and rep- resented the grave situation in the city of Cleveland due to a strike over this question of the employment of women, and stated that men were becoming imme- diately available by virtue of the reduction in the forces of industry in Cleveland and the return of men from the camps; Now, therefore, we recommend, That the Cleveland Railway Co. employ no more women for this service and that within the next 30 days cheyatall replace the present force of women by competent men; that during the 30 days no women shall be discharged except for cause, but in the event it is found necessary to replace the women by men before that date the women shall be paid full wages for the balance of the month. It 1s further recommended, That every effort should be made by the company to assign women displaced from platform service by virtue of this recommendation to other positions in the company’s service wherever practicable. This recommendation shall become effective as of December 3, 1918, and the month stated will end on January 3, 1919. The then joint chairmen and the present joint chairmen took no part in this pro- ceeding and action of the board. In due form the women who were affected by the order made application for rehearing, on the ground that they had not had their day in court with reference to this order and had had no opportunity to hear the applica- tion of the mayor upon which the order was made. By agreement between the com- pany and the men, the women were retained in the employ of the company until the lst of March, when they were discharged—64 of them. On this application for rehearing, the women ask that the previous order be set aside and that we direct the company, which has appeared and is before us, to restore them to its employ. The evidence discloses that the company is still short of em- ployees and that there are places vacant to which these 64 women can be restored. Indeed, it was made clearly to appear by the only evidence which was submitted at the hearing where all the parties were notified to appear, that the company may restore to their places in the service all men who have been absent in military service during the present war and still have vacancies sufficient to give employment to these women applicants. After a full consideration, the board as now constitued feels that an injustice was done to the women applicants in making the order of December 3, 1918; that it was made upon the application of the mayor of Cleveland and in the absence of the women who were affected, and who had not understood that the issue was before the board and on its merits. In other words, the women did not have their day in court. That requires that this board should reestablish the status which existed before the order was made. A ruling was made by the joint chairmen in Detroit that, under the contract which bound the company and the men in that case, the time had arrived when the company was not justified in continuing the employment of women, because such employment was limited by the contract to the existence of the necessity for for their employment, but that the women already employed and in the service should continue there until in the ordinary course their employment should cease either by voluntary withdrawal or by discharge for cause or other sufficient reason. We feel that the principle which obtained in the Detroit street railway case should apply here. The only question before us is whether these women who were discharged on the Ist of March should have been discharged by reason of any contract between the company and the men. We think the terms of their employment justified them in believing that their employment would continue until normally ended by their voluntary withdrawal or the failure on their part to render proper service or other 42663 °—-21—— 20 306 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. sufficient reason. We have drafted this opinion in accord with the resolution of the board, as follows, to wit: ; : That the matter he referred to the joint chairmen with directions to frame an order declaring the similarity between this and the Detroit case, approving the principles held in the Detroit case, and on the basis of that case directing that the 64 women heretofore discharged by the company be reinstated-to their employ- _ ment. For these reasons, the present order will be that the order or recommendation of December 3 last be set aside, and that the company be directed to restore these women discharged on the 1st of March last to the position that they had in seniority and other privileges. Wu. H. Tart, Bast M. Manty, Joint Chairmen. FINDINGS AND RECOMMENDATION. December 3, 1918.] In the case of Employees v. the Cleveland Railway Co., Cleveland, Ohio, the board finds and recommends as follows: Whereas it is recognized by the board that during hostilities the employment of women in the street railway industry in Cleveland and on the cars was due to the shortage of men withdrawn for military service; and : é Whereas since the armistice has been signed and men are being returned in daily increasing numbers to their usual employments; and Whereas the mayor of Cleveland appeared this day before the board and represented the grave situation in the city of Clevelnad due to a strike over this question of the employment of women, and stated that men were becoming immediately available by virtue of the reduction in the forces of industry in Cleveland and the return of men from the camps; . Now. therefore, we recommend that the Cleveland Railway Co. employ no more women for this service and that within the next 30 days they shall replace the present force of women by competent men; that during the 30 days no women shall be dis- charged except for cause, but in the event it is found necessary to replace the women by men before that date the women shall be paid full wages for the balance of the month. It is further recommended that every effort should be made by the company to assign women displaced from the platform service by virtue of this recommendation to other positions in the company’s service wherever practicable. This recommendation shall become effective as of December 3, 1918, and the month stated will end on January 3, 1919. Findings in re Kroegel et al. v. Modern Tool, Die & Machine Co., Docket No. 502; F. T. Smith et al. v. Budd & Ranney Manufacturing Co., Docket No. 889; C. W. Weinert et al. v. Superior Die, Tool & Machine Co., Docket No. 890; and Charles Lorenz et al. v. J. O. Hearn Machine Co., Docket No. 920; all of Columbus, Ohio. 502, 889, 890, and 920. April 10, 1919. 1, The principles upon which the National War Labor Board is founded give to the employees the right to organize and bargain collectively, and there should be no dis- crimination or coercion directed against proper activities of this kind. 2. The employees in the exercise of their right to organize should not use coercive measures of any kind to compel persons to join their unions, or to induce the employer to bargain or deal with their unions. _ 3. As the right of workers to bargain collectively, through committees, is recognized by the National War Labor Board, the companies should recognize such committees, which should be representative of the several departments of the companies, and all differences should be adjusted through committees so constituted and the employers. 4. Hours of work and overtime.—When committees hereinabove provided for have been constituted, such committees and the companies should consider and arrange the question of hours upon a mutually satisfactory basis, but not over nine hours per day, and arranging for a Saturday half holiday if practicable; and in cases where the shorter work day is now in effect (as is the case in the Budd & Ranney Manufacturing Co., and possibly others) the length of such work day should not be increased except with the full consent of the employees. SPOKANE AND INLAND EMPIRE RAILROAD CO. - 807 For any time worked over the hours so arranged between the employers and em- ployees, the companies should pay one and one-half times the regular hourly rate, except Sundays and holidays, for which double time should be paid. 5 Retroactive.—lf the companies received payment at the rate of time and one-half for overtime worked beyond eight hours per day for work done by them either di- rectly or indirectly for the Government or for private parties, they should, in fairness to their employees, compensate said employees on the same basis for the period dur- ing which the companies received such overtime payment for their work. 6. With respect to the Superior Die, Tool & Machine Co., who employ women in their plant, it is the finding of the board (in addition to the findings hereinabove set forth, numbered 1 to 5) that where women are doing the same work as men such women should be paid the same wages as men for equal work. With respect to the former assistant foreman, John M. Edmondson, the board holds, upon the evidence, that he was unjustly discharged by the Superior Die, Tool & Machine Co., and makes its finding that said John M. Edmondson should be rein- stated in his former position and paid for all time lost since his discharge. The board also finds that the service agreement between said Edmondson and the company should be respected by the company and carried out in good faith by it. : JosErpH W. Marsa, Frep Hewitt, Section. Findings and Recommendations in re Employees v. F. E. Connors, Receiver of the Spokane & Inland Empire Railroad Co. 508. March 27, 1919. There are seven sets of complainants. The first group is the city trainmen, members of Division 763 of the Amalgamated Association of Street & Electric Railway Em- ployees of America. The other groups are electrical workers, members of the Inter- national Brotherhood of Electrical Workers, machinists, railroad carmen, railroad telegraphers, clerks and station agents, and supervisory forces. The first complaint was filed in August, 1918, by the city trainmen, members of the Amalgamated Asso- ciation. On September 20, 1918, an informal complaint was filed by the electrical workers’ union. In January, 1919, a more comprehensive complaint was filed, bringing in the remaining groups of employees, except the supervisory forces. The complaint of this latter group was filed on February 11, 1919, the date of the hearing before the examiners. All of these complaints were brought against the Spokane & Inland Empire Railroad Co. On the 10th of January, 1919, this receiver was ap- pointed to take charge of this road on petition of trustee for the bondholders. The receiver appeared at the hearing before the examiners in fee on February ll and 12, 1919. The receiver, through his attorney, entered a limited appearance, declining to submit the matters complained of by the employees to the War Labor Board. The reason given for declining to submit was that ‘Mr. Connors is acting as receiver of the court, and is acting only with the funds derived from the property in his hands and would be unable to comply with any award made by the board which increased his expenses.’’? The receiver stated that he would not take advantage of the rules of the War Labor Board relative to complaints filed subsequent to December 5, but that his position was the same regarding all of these complaints, regardless of the time of filing. This board therefore assumes jurisdiction of this entire controversy and makes the following findings and recommendations relative to the issues presented by the various complainants: 1. We recommend that the wages of city trainmen be mcreased and that they be paid the following scale of wages: For the first three months of service, 41 cents. For the next nine months of service, 43 cents. Thereafter, 45 cents. : lentes The af trainmen have not fared as well as other employees in receiving increases of wages during the past year, and plain justice to this class of employees requires an increase now to the scale we name above. : : 2. The request for a basic 8-hour any for the city trainmen is not granted. No such day has been established by this board on any street railway lines. ee a 3. The only request made of this board by the electrical workers, machinists, rail- way carmen, railway telegraphers, clerks and station agents, and supervisory forces, is that we order the receiver to put into effect certain supplements to General Order 27 issued by the United States Railroad Administration. This board can not order 308 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. the receiver to put these supplements into effect, because the board is without juris- diction to make such an order when the receiver declines to submit the controversy to the board. The board, however, can and does make the following findings and recommendations: ; . In February, 1918, a committee of the employees of the interurban lines cperted by the Spokane & Inland Empire Railroad Co., began to press upon the officials of the company the matter of a wage increase. This committee of employees was answered by the company by letter dated March 18, 1918, signed by the general superintendent, and by letter dated March 11, 1918, signed by its su tendent of motive Power, both of which were so worded as to be sufficient t6 lead reasonably minded employees to believe that if they awaited the result of the findings of the Railroad Wage Commis- sion of what increase in wages should be made to railroad employees they would receive the benefit of any such increase at the hands of the company and that such increase would be retroactive to January 1, 1918. This impression was further conveyed by a bulletin issued by the United States Railroad Administration and mailed by the company to each employee, for which his receipt was asked. On this bulletin was a statement over the signature of the president of the road to the effect that all con- cerned would be expected to follow and comply with the directions given and the principles laid down in said order in letter and in spirit. One such direction was that no request for increased wages be made by the employees at this time, and that if such request were not made, that wages awarded by the Railroad Wage Commission would be put into effect and retroactive to January 1, 1918. ? The employees of this road accepted and relied upon the assurances contained in these communications from the company and remained in the service of the company and did not press any wage increase. The promises upon which they relied were made by officials of this company and constitute an agreement, in our opinion, on the part of the company to give their employees the benefits of the increases awarded by the Railroad Wage Commission, retroactive to January 1, 1918. The wage increases awarded by the United States Railroad Administration to which we think the employees of this road are entitled were announced in General Order 27, issued May 25, 1918, and supplement No. 4 to General Order 27, issued July 25, 1918, and supplement No. 7 to General Order 27, issued September 1, 1918. The benefits of General Order 27 were given these employees, but they have never been given the increases awarded by supplements 4 and 7. The control or lack of control by the United States Railroad Administration of this road is immaterial to the construction we place upon the negotiations in February and March between the company and its employees. The promises that these men received and relied upon were not made them by the Government or by the United States Railroad Administra- tion, but the officials of the company themselves led these men to believe that they would get the benefit of whatever wage increases were awarded by the United States Railroad Administration to railroad workers generally. The fact that the supplements were published after the Railroad Administration released the control: of tie toad is not sufficient reason for denying these men the benefits of revisions of wages made by the Railroad Administration and effective during the period in question—that is, from January 1, 1918, to the time when they appealed to the National War Labor Board—for the reason that these two eld pes represented just as truly as does General Order 27 the wage which the Railroad Admin- istration allowed railroad workers for the period beginning January 1, 1918, in return for the action of the workers in not pressing requests for wage increases. It was the company officials who led these men to believe that they would get the benefit of these wage increases allowed railroad workers generally by the Railroad Administra- tion, and we are constrained to believe that such action constitutes an agreement by the company to give these employees all the benefits of these wage revisions. We believe this obligation of the company is one which the receiver must necessarily assume along with the other liabilities of the company which he assumes, and we therefore recommend that the receiver carry out the agreements made by the officials of the company and give the ee of this road the benefits of supplements 4 and 7 to General Order 27 of the Railroad Administration. 4. The electrical workers asked this board to pass upon a number of features of a proposed contract between the receiver and themselves. A copy of this proposed contract was submitted subsequent to the hearing. It shows that the men and the receiver have agreed upon a number of the terms contained therein. There are cer- tain other terms relating to ae upon which we make no recommendation other than is made in our recommendation dealing with the obligation of the receiver to put supplements 4 and 7 to General Order 27 into effect. On the other terms of this proposed contract we make the following recommenda- tions: SPOKANE AND INLAND EMPIRE RAILROAD CO. 309 (a) Under our principles the company is not obligated to sign a contract with the International Brotherhood of Flectrical Workers. its willingness to sign a contract with a committee of employees selected by the electrical workers, who may or may not be members of the brotherhood, is as much as the principles of this board require. (b) Article 1, section 4, relative to the pay of men subject to call from 5 p. m. to 8 a. .: The willingness of the company to pay these men eight hours straight time, including Sundays and for additional holidays, and in addition time and a half for all time worked between 5 p. m. and 12 midnight and double time for all time worked between midnight and 8 a. m., we think is a reasonable agreement, and we make no recom- mendation in regard to any alteration thereof. (c) Article 1, section 5: We recommend that the request of the men on this matter be granted, to wit, that men detailed away from headquarters receive their board and joa Oe over and above their regular pay, whether on repair or construction work. (d) Article 1, section 6: We suggest and recommend the following clause in lieu of what the men and the company have submitted, since they are unable to agree: Special construction gangs shall be governed as follows: $1.20 per day for each day’s work shall be deducted by the company for board and lodging. Board shall be wholesome and sufficient and lodging sanitary. Camps shall be furnished with Epon beds or cots, mattresses, pillows, sheets, blankets, pillow cases, and towels. The two latter shall be laundered at least once a week and blankets at least once every two weeks. Cook houses and dining houses shall be screened in fly season.. The day shall be eight hours, camp to camp, four ways on the company’s time, and all meals shall be eaten at the camp. (e) Article 3, section 6: We recommend that the request of thé men in this matter be granted so that this section shall read as follows: Src. 6. Relief operators working regular shift on other work and required to double at operating shall receive time and a half for all time worked over regular shift. They shall not be required to work on Sundays or holidays except in cases of sickness or empreney and when so working shall receive time and a half. They shall be paid not less than 68 cents per hour. (f) Article 3, section 7: We recommend that the request of the men in this matter be granted and section 7 read as follows: Sec. 7.’ Operators shall be allowed one day off each week. Schedule of relief days shall be prepared and each operator will be required to take his relief accord- ing to schedule. In the event the company fails to arrange for one bey off each week, the employee shall receive double time for the veliet day worked. (9) Article 3, section 8: In this the men ask for annual transportation for station operators and dependent members of their families. We consider that the company’s tules need not be altered to include this clause. (h) Article 3, section 9: The men request that the following clause be included: Sec. 9. Seniority lists will be kept of station operators and when vacancy occurs position will be bulletined for a period of 10 days, and junior operator bidding in same will be entitled to the position. We are unable to agree, and hence do not recommend that the receiver's rules relative to seniority promotion be changed to include the provision desired by the men. (i) Article 5, section 5: The demand of the men that there shall be not more than one apprentice or helper to every gang of from three to six journeymen is one which we think the receiver need not comply with. Their present rule of two apprentices to five journeymen seems satisfactory. (j) Article 5, section 7: We think the receiver’s provision here to furnish these employees transportation equal to that supplied otliat employees of the company under the company’s rules is satisfactory, except that all employees should be per- mitted free transportation on the company’s lines upon presentation of a badge show- ing that he is an employee of the company. (k) Article 5, section 9: We think that the request of the men should be granted and section 9 should read: Sec. 9. All employees coming under this agreement shall be paid twice a month, on the 5th for all time from the 16th to end of preceding month, inclusive, and on the 20th for all time from the Ist to the 15th of current month, inclusive— and we so recommend. : (1) Article 5, section 10: We think that the contention of the men should be granted, and so recommend paragraph 10 to read as follows: | . Src. 10. Any employee under the various classifications doing work under a different classification which pays a higher rate shall receive the higher rate. 310 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. (m) We recommend that the provision relative to overtime read as follows: Except as herein otherwise provided, all employees covered by these rules shall receive time and a half for all time worked other than the regular day or shift, overtime to begin and end when the men report on and off the job; three hours’ time at straight time shall be allowed for all emergency calls after the day’s work, should actual working time be less than two hours. All time worked on Sundays and holidays shall be computed at time and a half, except for station operators and batterymen or relief men acting in this capacity. _ 5. We recommend that the new wage scale suggested for city trainmen be retro- active as of August 8, 1918, and that the receiver have until November 1, 1919, to pay the back pay to all employees which we recommend for them. This recommenda- tion is made for the duration of the war until-peace is proclaimed by Executive proclamation. ; . 6. Interpretation of award.—For the purpose of securing a proper interpretation of this award the secretary of the National War Labor Board shall appoint an examiner, who shall hear any differences arising in respect to the award between the parties and promptly render his decision, from which an appeal may be taken by either party to the section making this award. Pending a final adjudication of the appeal, the decision of the examiner shall be binding. : 7. Financial recommendation.—We have made a careful study of the financial condi- tion of this company and we are firmly convinced that this road should he allowed to charge a higher fare on its city lines and also on its interurban lines. We recommend tothe public authorities who have supervision and jurisdiction the favorable considera- tion of the receiver’s appeal for permission to charge higher fares. This road is not receiving sufficient revenue to enable it to give the proper service to the public. We feel the public should pay a fare more nearly commensurate with the service it is receiving, and we hope this recommendation of ours to the public authorities will be supported by public sentiment of the population served by this road. We say here, as we have said in certain awards, that this is not a matter turning upon the past history of the road; that any overcapitalization in the past should not be urged against this receiver now being permitted to charge a fare which would enable him to pay the reuse of operation and a reasonable return on the money actually invested in the road. Bast. M. Manty, Freperick N. Jupson, Section. Report of Section in re Machinists, Toolmakers’ Helpers, and Apprentices v. Carpenter Steel Co., Birdsboro Steel Foundry & Machine Co., Safety Machine Corporation, Berks Engineering Co., Long-Henkel Patents Co., Orr & Sembower, Reading Chain & Block Corporation, American Die & Tool Co., Bethlehem Steel Corporation, Dundore Manufacturing Co., Reading Standard Co., and Reading Iron Co. 522 to 522k. March 4, 1919. Cases settled.—The Carpenter Steel Co. and the Long-Henkel Co. made settlement with their employees before hearings started by examiner. Demands of the employees.—1. Wages: Toolmakers, rol! makers, mechanics on heavy machines, 90 cents an hour; machinists, 75 cents .an hour; specialists (drill press), 65 cents an hour; helpers, 51 cents an hour. Apprentices a proportioned increase. (Notz.—Employees claim the average wage for mechanics is only 50 cents per hour; this has not been denied by the employers.) 2. Employees ask the abolishment of the bonuses. 3. The men on piecework do not want the bonuses abolished. 4. Demand for a basic 8-hour day. (Nore.—The complaint shows that, except in the case of the Bethlehem Steel Co., the employees were working five days at 10 hours a day and five hours on Saturday; that the company granted the basic 8-hour day October 1, 1918.) 5. The men demand the right of collective bargaining. FINDING. 1. This case is not a joint submission. 2. We find that 50 cents per hour for mechanics is a low wage and should be materially increased. BUILDERS’ ASSOCIATION OF KANSAS CITY, MO. 311 3. We recommend that the companies involved in this case should adjust the wage rates so that they will conform to the prevailing rates of their respective localities for similar services. 4, We find at the hearing the employers agreed to the question of collective bar- ng. We recommend that the employees of each company meet at the earliest time possible and adopt a system for the election of shop committees, for the purpose of adjusting the wages and other working conditions. C. E. MicHarEt, T. M. Guerin, Section. Award in re International Association of Bridge, Structural, and Orna~- mental Iron Workers, Local Union No. 10, v. Builders’ Association of Kansas City, Mo. 526. May 9, 1919. The members of the section of the National War Labor Board having this case in charge being unable to agree, the writer was called as umpire. The hearing was fixed for April 3, 1919, at Washington, D. C., but one of the members of the section being absent the matter could not be disposed of at that time and by consent the controversy was submitted on briefs. Briefs having been duly-received and the undersigned having read and considered the testimony and other data adduced by the parties, the report of the examiner, and the briefs, I find the facts as follows: That, following a controversy between the parties in the spring of 1918, a settlement was arrived at which is expressed in the rules prepared and printed by the employees, copy of which was received by the employers and acquiesced in by them. : Tindan these rules and the rate of wages specified therein the employees resumed work and continued uninterruptedly until September 16, 1918. On sugust 16, 1918, they delivered a notice demanding increase pay on and after September 16, 1918. The increase being refused, the men suspended work. By joint action of employers and employees the question of wages was submitted to this board for its decision, ' and also whether four men who were employed on a construction job at Twenty- ninth Street and Gillham Road, in Kansas City, should be entitled to reimbursement for lost time on account of the action taken by the Builders’ Association in causing them to suspend work. It is contended by the Builders’ Association that on accouyt of the omission of the employees to give three months’ notice of the proposed modification of the rule establishing the rate of wages, the application for increased pay should be refused; and by the men that the rules were not operative or binding upon them for the reason that they had not been formally assented to in writing by the Builders’ Association. Thold and decide that a formal signature or acceptance by the Builders’ Association of Kansas City of these rules was not necessary to make them birding. The evidence shows that they were prepared by the union, a copy delivered to the association and acquiesced in by the latter body. - Accordingly, I hold that this constituted a contract between the parties, to all intents and purposes, and which could not be modified except upon the notice specified or by consent. _ However, inasmuch as the question of wages was voluntarily submitted by both sides to the board for its decision, the omission to give the three months’ notice be- comes immaterial, except in one particular, viz: No change in the rules or in the rate of wages could become effective until three months after notice and demand for such change, except by mutual consent. The Builders’ Association having refused to consent to an earlier change, the wages hereinafter fixed can only become effective as of November 16 under the rules. On the question of wages I find upon the evidence that 85 cents per hour is a re- latively fair and just wage in the circumstances. Accordingly I decide— 1. That article 2 of the working rules hereto attached '° be amended by striking out ‘75’? in the first line of said article and substituting therefor “‘85.’’ That this amendment shall be effective as of date November 16, 1918, and that all wages ac- cruing to the employees since said date shall be adjusted and paid on the basis of article 2 as amenied. I further decide that the working rules referred to constitute the working agreement between the parties until abrogated or modified in the manner provided by the rules. 6 Rules not printed herewith. The first sentence of article 2 thereof reads as follows: “The wages shall be 75 cents per hour on all work in the jurisdiction of Local No. 10, or where our members are employed.” 312 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. 2. The other question submitted I find it maoailile to decide upon the evidence contained in the record. If the subcontractor (Fenestra Construction Co.) had a per- centage contract from the peer contractor and intended to charge to him the in- crease in wages that he paid the employees, or if the contract gave the right claimed to him, then the general contractor would have control over the subcontractor, other- wise not, as it seems to me. It is ne submitted to the parties in interest that this comparatively trivial issue be adjusted by mutual concessions and ac- commodations. 3. The National War Labor Board will make the necessary orders for carrying this decision into effect. Joun Linp, Umpire. Award in re Local 125, International Brotherhood of Electrical Workers, v. Portland Railway, Light & Power Co., Portland, Oreg. 567. February 19, 1919. This case comes before the board as a joint submission for arbitration of the wage scale and of certain clauses of a new agreement, the parties themselves having con- curred in the remaining clauses. The following is the award: Wages.—There shall be a horizontal increase of 20 per cent in all classifications above the wage scale which became effective with the previous agreement between the two parties in October, 1917 (schedule shown in- the exhibits as of April, 1918), excepting for substation and power-station employees and for truck drivers, for whom separate provision is made in this award. : ee Substation and power-station employees.—A new Supine of substations and power stations under the four classifications A, B, C, and has been made by a local arbitration committee and accepted by both parties. The wage scale in the stations now classed A shall be 20 per cent in advance of the scale effective for class A in October, 1917. The wage scale in stations now classed B shall be 20 per cent in ad- vance of the scale effective for class B in October, 1917. The wage scale in stations now classed C shall be 20 per cent in advance of the scale effective for class C in October, 1917. The wage scale in stations classed D shall be 20 per cent in advance of the scale effective for class D in October, 1917. Duration of agreement.—The agreement shall be in effect for one year fromm October 1, 1918, but either party mé&y reopen the question of wages at the conclusion of six months from that date, either between themselves or before the National War Labor Board, such discussion not to be limited to their increase should conditions justify their decrease in the opinion of either ey The company shall be‘allowed until May 1, 1919, to make payments to its employees of back pay due them under this award. Clauses of the new agreement.—Article II, section 3, that ‘‘cable splicers’ helpers shall be journeymen linemen,”’ shall be stricken out. Article III, section 11, shall read: ‘‘Linemen shall work from 8 a. m. to 12 noon and from 1 p. m. to&p.m. However, it is agreed that at the option of the company the afternoon work may be from 12.30 ee m. to 4.30 p. m. provided that no change in the noon hour is to be made for a period of less than 30 days.”’ This is to be construed as ne to lineman working in the country the 8-hour day. icle III, section 12, shall read: ‘‘Emergency trolleymen shall be required to do any work that is required of a journeyman and shall work any shift of 8 consecutive hours in the 24, Sundays included, but said men shall work on the same shift con- tinuously for at least 14 days without change of hours and shall have 1 day off in 7. The CompaBy. shall not use emergency trolleymen on Sunday to do new construction which otherwise would require calling out men who would be entitled to a special rate for Sunday work.”’ Article IV, section 5, shall read: ‘“‘Construction men shall work from 8 a. m. to 12 noon and from 1 p. m. to5 p.m. However, it is agreed that at the option of the com- pany the afternoon work may be from 12.30 p. m. to 4.30 p. m., provided no change in the noon hour is made for a period of less than 30 days.’ ‘ Article V, section 10, shall read: ‘‘ All operators shall have 2 days off each month on full pay, except that during the months of June, July, August, and September these 2 days a month shall not be allowed, but instead _all operators who have been in the employ of the company for 1 year shall be allowed 10 days off on full pay. All eae who have beenin the employ of the company for at least 6 months but for less than 1 year shall be allowed 4 days off on full pay after the first 6 months and 1 day additional for each month’s term of service.” Article V, section 11, shall read: ‘‘ All substation and station operators shall work under what is known as the revolving watch.’’ AMERICAN HOIST & DERRICK CO., ST. PAUL, MINN. 313 Article VIII, section 3, shall read: “Chief and shift load dispatchers shall receive 2 days off per month with full Ry and in addition they shall receive 10 days con- secutive time off per year with full pay.”’ Article X, section 1, shall read: ‘Emergency line and inside trouble work shall be done by journeymen troublemen who shall receive journeymen linemen’s pay. Those whose regular assignment is inside trouble work shall not be required to do new construction.” : The following sentence from Article X, section 7, shall be struck out: ‘‘All reliefs on trouble eee board shall be made by a journeyman troubleman.”’ Article XIII, section 11, shall read: ‘‘The company shall be permitted to employ truck drivers for a 9-hour day, but shall pay for the ninth hour at time and a half. ‘The rate for truck drivers for the 8-hour day shall be eight-ninths of the rate in effect in the agreement of October, 1917, plus 20 per cent. Truck drivers shall receive double time for all emergency work done after the nine-hour day is completed.” Article XIV, section 12, shall read: ‘‘Fourteen calendar days will be considered a temporary job. More than 14 calendar days will be considered a permayent job. Employees shall be notified before being sent away whether the work will be classified as temporary or permanent. If classified as temporary and it exceeds 14 calendar days, board and lodging will be provided until return to headquarters or place where hired. If classified as a-permanent job and return to headquarters or place where hired is made in less than 14 calendar days, board and lodging will be allowed.”’ Article XIV, section 15, shall read: ‘‘ All employees covered by this agreement shall be allowed overtime at the rate of double time for all time worked other than the regular day or shift; overtime to begin when men are called and end when they return to the place from where called. Two hours time at double time shall be allowed for all emergency calls after the day’s work is finished should the actual working time be less than two hours.”’ Article XIV, section 21, shall be struck out. Interpretation of award.—The secretary of the National War Labor Board shall assign an examiner who shall hear any differences arising between the parties in respect to the award, and he shall promptly render his decision, from which an appeal may be taken by either party to the board. Pending a final adjudication upon the appeal the decision of the examiner shall be binding, except as provided in the rules of the board. Basu, M. Manty, F. N. Jupson. Findings in re Local Union No. 459, International Association of Machinists, Representing Herman J. Caul et al., v. American Hoist & Derrick Co., St. Paul, Minn. 571. April 11, 1919. The National War Labor Board, in considering on appeal the question of jurisdic- tion involved in this case, affirms the decision of the joint chairmen as handed down under date of November 22, 1918. It also makes the following findings: This is not a joint submission. Original complaint dated September 27, 1918, running in the name of District No. 77, International Association of Machinists of the State of Minnesota, and signed by certain union representatives, was mailed to the secretary of the National War Labor Board on September 27, 1918, the burden of the complaint being that the said corporation has at all times operated and endeavored to maintain a nonunion shop, that is, a shop or factory in which the workers are not permitted to belong to any union, and that the said corporation has, by threats of discharge, abuse, and various methods of intimidation, prevented the employees from organizing under the national labor program as enunciated and adopted by the National War Labor Board. Based upon these allegations was a request that the right of the employees to peacefully creantee. and bargain collectively under the terms and conditions of the national labor program be affirmed and enforced, and a desire for an immediate hearing and award. It was asserted that at that time ‘attempts at unionization of the employees of this company were met with the discharge of employees as fast as they joined the union. Thereafter, to wit, on the 5th day of November, 1918, an amended complaint, entitled as above, was mailed to the secretary of the board. Thisin turn was amended during the taking of testimony, at which time a request for 80 cents per hour for mechanics, 62 centa for specialists, and 58 cents for helpers was made. There was also @ request by apprentices of 25 cents per hour for the first year, 30 cents per hour for 314 CHAP, V.—AWARDS OF NATIONAL WAR LABOR BOARD, the second, 35 cents per hour for the third, and 45 cents per hour for the fourth year, Affirmation of the 8-hour basic day, time and one-half for overtime, and double time after 12 o’clock midnight and on Sundays and legal holidays is prayed for, together with an affirmation of the right to peacefully organize and bargain collectively under the terms and conditions laid down by the National War Labor Board. On and prior to October 10, 1918, the American Hoist & Derrick Co. was engaged in war production, directly or indirectly, to the extent of 90 per cent of its activities. Its output consisted of cargo winches, anchor windlasses, steering engines, blocks, light pulley blocks, hoisting engines, etc., of use on maritime craft. Since the armistice much of the work related to war production, probably 30 or 40 per cent, has been suspended. ; At the hearing before examiners a considerable number of witnesses appeared, ' representing various crafts, and testified concerning wage rates, hours, and conditions of employment. As bearing on the extent of the representation of the petitioners, a list containing the names of 555 persons said to be employees of the company and members of Local Union No. 459, International Association of Machinists, St. Paul, Minn., was filed with the secretary of the board, and 116 employees filled out and pre- sented questionnaires containing information relating to the issues in the case. Wages.—The respondent herein did not see fit to file general wage data, but the tes- timony of employees and such evidence as the employer offered indicated that the rates paid were perhaps equal to 80 per cent of the amount asked for. This standard was reached after successive increases covering principally the years 1917 and 1918. The earnings of piece-rate workers seem to have been high, and it appears by com- parisons made that this company pays as high a rate as any of the machine shops of the district. The evidence concerning living wage, labor standards, and prevailing rates intro- duced in this case is identical with that involving the Minneapolis Steel & Machinery Co., with the exception that the average annual expenditure of the 116 men reporting by way of questionnaire (accepting October, 1918, as a typical month) is somewhat higher, reaching the figure of $1,596, to earn which sum would require an average hourly pay having in contemplation a work year of 300 days of 8 hours each, of 664 cents per hour. For the reasons set forth in the findings in the above-mentioned case (Docket 46), it is recommended that the following scale of minimum rates be established in the shop of the respondent, and in those cases where these classes fail of application, an hourly rate equal to 90 per cent of the Atlantic Coast, Gulf & Great Lakes Ship- yard award be fixed, and that all readjustments carrying increases be made effective as of October 24, 1918. Nothing herein shall be construed to reduce the wage of any employee, and likewise nothing announced shall operate to increase the earnings - of any employee during the period so engaged, who has heretofore or shall hereafter be employed at piecework. {achinists, first class, 72 cents. Machinists, second class, 65 cents. Machinists’ helpers, 49 cents. Specialists, 56 cents. Handy men, 56 cents. Toolmakers, 74 cents. Pattern makers, 774 cents. Common laborers, 42 cents. Layer outs, 764 cents. Storeroom clerks and timekeepers, 52 cents. Molders, 72 cents. : Vriges of apprentices.—Agreements between apprentices and employer cover a period of three years at stated rates. The company has shown a disposition to meet changed conditions and, in the case of the witness appearing, had on March 15, 1918, added 40 per cent to his wage, and on June 15, 60 sa cent. The company’s attention is called to the fact that the cost of living generally continued to rise until January 1 and suggests further increase to meet same as of the 24th day of October, 1918. Tours.—The testimony shows that the working day is at present 8 hours. It is recommended that said hours be continued and that time and one-half be paid for all time worked over 8 hours and double time for Sundays and holidays. _ Right to organize.—The principles upon which this board is founded recognize the right of employees to organize and bargain collectively, and there shall be no dis- crimination or coercion directed against proper activities of this kind. Employees in the exercise of their right to organize also shall not use coercive measures of any kind to compel persons to join their unions, nor to induce employers to bargain or deal with their unions. MONTANA POWER CO. ET AL. 315 Diserimination.—There is considerable evidence in this case tending to support a contention of the men that employees had been discharged on account of trade-union membership, and this is especially so in the case of a number of molders who were discharged on or about the 14th day of December, 1918. It is also asserted that witnesses who testified for pouplamene in this case have since been discharged because of that fact. It is decided that these cases may, if the finding is otherwise accepted by the company, be brought before the examiner hereinafter provided for to act as atlaninisteater who shall hear all the testimony relating thereto, and whose decision thereon shall be final, subject, however, to appeal to the National War Labor Board by either party. oa Committees.—As the right of workers to bargain collectively through committees is recognized by the board, the ny shall recognize and deal with such committees of their own men after they have been constituted by the employees. Duration of award.—This award shall be effective for the duration of the war. Interpretation of award.—That for the purpose of pecan grebet interpretation of this award the secretary of the National War Labor Board shall appoint an examiner, who shall hear differences arising between the parties in respect to the award an promptly render his decision, from which an ee may be taken by either party to the National War Labor Board. Pending such an appeal the decision of the exam- iner shall be in force, except where payment of wages is directly or indirectly involved. Adopted by the board April 11, 1919, the vote being as follows: For: Joint Chairman Manly, Vice Chairman Judson, and Labor Group. Against: Employer Group. Minoriry Report. The employer members of the board declined to support the above findings because the evidence indicated that the pres were well paid for the services rendered, and because they believed this board had no authority to establish arbitrary classi- fications and rates so much in excess of the prevailing or going rates in the community, which, under the principles of the board, must have due consideration in the media- tion of complaints such as this. Award in re International Brotherhood of Electrical Workers, Local No. 122, Great Falls, Mont., v. Montana Power Co., Great Falls Power Co. (subsidiary), and Mountain States Telephone & Telegraph Co. 583 and 480. February 13, 1919. This case comes before the board by joint submission, the Montana Power Co. and the Great Falls Power Co. signing the submission unconditionally, while the Mountain States Telephone & Telegraph Co. agree to abide by the award, subject to the approval of the Postmaster General. These companies have always operated a closed union shop, and the present con- troversy arises with respect to certain clauses of a proposed agreement presented pee elctrical workers at the expiration of their previous contract upon September 25, At the hearing before the board a number of points were agreed upon, leaving for present adjudication only the questions of the wage scale and the contention with teference to overtime, deductions for mealsand lodging, and classification of patrolmen. 1. Wages.—The union in this case is asking for the same scale of wages which has been established by agreement for the city of Butte, Mont., by the Great Falls Power Co. The company, contends that the granting of this demand would raise their wage scale higher than the wages paid for similar work in a number of western cities. In view, however, of the fact that they have already agreed to these wages for the workers in Butte, and in view of the further fact that the proposed wage scale does not increase the wages beyond the increase in the cost of living which has taken place Garng the war, we feel that the wage demands of the employees should be granted. ° 2. Payment for overtime.—The men demand payment of double time for all overtime beyond eight hours. The company has, however, proposed a compromise with teference to the payment of overtime which seems to us to be a fair proposal and to afford the employees a complete safeguard against the exaction of excessive over- fime. We therefore make the proposal of the company a par of this award, to wit: Overtime shall be paid to all employees under this agreement, except such employees for whom overtime conditions have already been specified, as follows: overtime in excess of the regular working hours shall be paid for at the rate of one and one-half time straight time, except time after 10 p. m. until returned to shop, or camp, or temporary quarters, at the company’s option, after release 816 CHAP. V.—AWARDS OF NATIONAL. WAR LABOR BOARD. from work, which time shall be paid for at the rate of double time. Excepting also as to both of the above provisions cases of proneenyt or regular shift, estab- lished as regular working hours. In which case the rates for regular working hours shall apply, and the. same rules for overtime shall apply in_ computing overtime. It is further provided that on night calls, employees called prior to 10 p. m. shall receive time and one-half until 10 p. m. and double time after 10 p. m. until released from work as provided above. Employees called between the hours of 10 p. m. and 3 a. m. shall receive double time until released from work as provided above. Employees called between the hours of 3 a. m. and 8a. m. shall receive double time until 8 a. m., at which time it shall be construed that a regular shift is begun at straight time. Employees called between 10 p. m. and 6 a. m. shall receive not less than one-half day’s regular pay. 8. Deductions for meals and lodging. —The union requests that the practice of deduct- ing $1 per day from the pay of employees when fed and lodged by the company while away from their home station be discontinued. In our opinion, however, the com- pany’s charge for this service is moderate, and inasmuch as the men introduced no evidence in support of their demand the same is denied. 4, Classification of patrolmen.—The demand for classification of patrolmen, accord- ing to the evidence, will bind the company to employ only journeymen linemen, whereas the evidence further shows that other special qualifications, such as ability to use snow shoes and traverse rough country, are equally important. We accordingly find that the classification sought is denied, but recommend that the company grant the patrolmen union conditions and otherwise treat with them as organized employees. 5. Effective date.—This award shall be retroactive to September 26, 1918, as provided in the agreement of joint submission. The company shall have until May 1, 1919, to complete the retroactive wage payments. 6. Duration of award.—This award will be effective for the duration of the war, but may be reopened by either party at the end of six months from this date if changed conditions warrant. 7. Interpretation of award.—The secretary of the National War Labor Board shall assign an examiner who shall hear any differences arising between the parties in respect to the award, and he shall promptly render his decision, from which an appeal -Inay be taken by either party to the board. Pending a final adjudication of the apps the decision of the examiner shall be binding, except as provided in the rules 0! the board. Wo. H. Tart, Basit M. Manty, Joint Chairmen. REVISION OF AWARD. May 27, 1919.] An award was made by this board on February 13 on the submission of the con- -troversy by the companies and the men. Immediately following the publication of the award the companies asked for a rehearing on a number of different grounds which it is unnecessary to enumerate here. The men also asked that the award be revised to meet the agreement reached by both sides during the hearing that the duration of the award should be only until July 1, 1919. We have been impressed by the arguments made by the companies in their motion for a rehearing and by the undisputed facts adduced at the hearing upon which those arguments are based. We have therefore reconsidered our finding and accordingly make the following revision of our award of February 13, 1919, by making changes in sections 1 and 6 so that those sections will read as follows: Section 1. Wages.—The company shall pay to these employees between the dates of September 26, 1918, and February 1, 1919, the scale of wages this company pays to the same classifications of its employees in Butte under the existing Butte contract. Between the dates of February 1, 1919, and July 1, 1919, the company shall pay to these employees the same wage scale it was paying at the time of the hearing Wetore the examiner of this board as introduced into evidence at that hearing. Section 6. This award shall be in effect until July 1, 1919. Ws. H. Tart, Basit M. Manty, Joint Chairmen and Section. AMERICAN & BRITISH MANUFACTURING (O., PROVIDENCE, B. 1. 317 Becommendation in re Employees v. American & British Manufacturing Co., Providence, R. I. 594. February 12, 1919. This is not a joint submission. . . In the matter of hours and overtime payments an arrangement mutually satisfactory to the parties involved was arrived at at the hearing, which provides that 8 hours shall constitute a day’s work, and 48 hours, consisting of six days of 8 hours each, a week’s work. All time worked in excess of a regular work day shall be considered overtime and paid for at the rate of time and a half, but Sundays and holidays shall be paid at the rate of double time. In the event that an employee shall work through the day of 8 hours and continue at work on that day only, past midnight, all time after midnight shall be paid for atthe rate of double time. We therefore adopt this arrange- ment as the recommendation of the board. With regard to wages the board recommends that in no case shall any male employee 21 years ofage or over receive less than 40 cents per hour, and inasmuch as the company operates 2 plant at Bridgeport, Conn., and has established in that plant the schedule oh merase recommended in the so-called Bridgeport award, the board recommends further that a similar schedule be made effective at the Providence plant, effective October 10, 1918, as follows: Those receiving 40 cents per hour shall be paid 46 cents per hour. Those receiving 41 cents per hour shall be paid 47 cents per hour. Those receiving 42 cents per hour shall be paid 48 cents per hour. Those receiving 43 cents per hour shall be paid 49 cents per hour. Those receiving 44 cents per hour shall be paid 50 cents per hour. Those receiving 45 cents per hour shall be paid 51 cents per hour. Those receiving 46 cents per hour shall be paid 52 cents per hour. Those receiving 47 cents per hour shall be paid 52} cents per hour. Those receiving 48 cents per hour shall be paid 53 cents per hour. Those receiving 49 cents per hour shall be paid 54 cents per hour. Those receiving 50 cents per hour shall be paid 55 cents per hour. Those receiving 51 cents per hour shall be paid 554 cents per hour. Those receiving 52 cents per hour shall be paid 564 cents per hour. Those receiving 52 cents per hour shall be paid 574 cents per hour. Those receiving 54 cents per hour shall be paid 59 cents per hour. Those receiving 55 cents per hour shall be paid 60 cents per hour. Those receiving 56 cents per hour shall be paid 61 cents per hour. Those receiving 57 cents per hour shall be paid 62 cents per hour. Those receiving 58 cents per hour shall be paid 63 cents per hour. Those receiving 59 cents per hour shall be paid 64 cents per hour. Those receiving 60 cents per hour shall be paid 65 cents per hour. Those receiving 61 cents per hour shall be paid 66 cents per hour. Those receiving.62 cents per hour shall be paid 67 cents per hour. Those receiving 63 cents per hour shall be paid 68 cents per hour. Those receiving 64 cents per hour shall be paid 69 cents per hour. Those receiving 65 cents per hour shall be paid 70 cents per haur. Those receiving 66 cents per hour shall be paid 71 cents per hour. Those receiving 67 cents per hour shall be paid 72 cents per hour. Those receiving 68 cents per hour shall be paid 73 cents per hour. Those receiving 69 cents per hour shall be paid 744 cents per hour. Those receiving 70 cents per hour shall be paid 753 cents per hour. Those receiving 71 cents per hour shall be paid 77 cents pre hour. Those receiving 72 cents per hour shall be paid 78 cents per hour. Those receiving 73 cents per hour shall be paid 78 cents per hour. Those receiving 74 cents per hour shall be paid 78 cents per hour. Those receiving 75 cents per hour shall be paid 78 cents per hour. Those receiving 76 cents per hour shall be paid 78 cents per hour. Those receiving 77 cents per hour shall be paid 78 cents per hour. _ No increase above 78 cents per hour. . as revision of wages shall in no case operate to reduce the wages or earnings of any employee. z i apereniives shall be classed as employees under 21, whether actually over 21 years of age or not,-and shall receive compensation individually agreed upon. The principles upon which this board is founded guarantee the right to employees to organize and bargain collectively, and there should be no discrimination or coercion directed against proper activities of this kind. Employees in the exercise of their 318 CHAP, V.—AWARDS OF NATIONAL WAR LABOR BOARD. ght to organize also should not-use coercive measures of any kind to compel persons to join their unions nor to induce employers to bargain or deal with their unions. As the right of workers to bargain collectively through committees is recognized by the board, the company should recognize and deal with such committees after they have been constituted by employees of the company. These recommendations shall remain in force at least until January 31, 1919, and retroactive payment of wages in accordance with the schedule of increases herein contained shall. be made from October 10, 1918, such payment to be made not later than March 10, 1919. With regard to the three employees discharged because of their failure to work a full day on Saturday, in accordance with the arrangement with regard to hours which was arrived at at the hearing, the board can not urge upon the company the rein- statement of these men who disregarded the working hours established in the plant, and particularly as they did so after fair warning of the consequences. H. H. Rice, Wa. H. Jonnston, Section. Findings and Award in re Employees Members of Division 192, Amalga- mated Association of Street & Electric Railway Employees of America, v. San Francisco-Oakland Terminal Railways. €10. April 10, 1919. This is a joint submission made by these employees and the company, referred to this board for settlement of the questions of wages and hours. We make the following findings and award: noe and conductors on Traction Division and brakemen on Key ivision: For first three months of service, 43 cents per hour; for next nine months of service, 46 cents per hour; thereafter, 48 cents per hour. Motormen and conductors on Key Division: For first three months of service, 45 cents per hour; for next nine months of service, 48 cents per hour; thereafter, 50 cents per hour. Hours.—The request of the men for an 8-hour day is not granted. All trainmen who are called upon to work extra trips or do any extra work in addi- tion to the runs to which they are respectively assigned shall be paid time and one-half for all such time and also time and one-half from the completion of their run to the starting time of the extra trip or extra work. No trainman, however, who is regularly assigned a schedule run paying more than eight hours platform time shall be required or allowed to run any such extra trip or do such extra work unless there are no available men to do such work. i Requests denied.—The request of the men that this board fix @ time for the duration of a contract between these men and the company, and the request of the men for double time for working on rest day, are not granted. : Interpretation’ of award.—For the Re of securing a ce interpretation of this award the secretary of the National War Labor Board shall appoint an examiner, who shall hear any differences arising in respect to the award and promptly render his decision, from which an appeal by either party may be taken to the board. Pending a final adjudication upon the appeal the decision of the examiner shall be binding, except as provided in the rules of the board. Duration.—These increases shall be made retroactive as of November 1, and shall continue for the duration of the war until peace is announced by Executive proclama- tion, except that either party ay reopen the case before the board at periods of six months’ interval, beginning October 1, 1919, for such adjustments as changed condi- * tions may render necessary. The company shall have until September 1, 1919, to meet the back pay due under é this award. Wm. H. Tart, Basit M. Manty, Joint Chairmen and Section. BAY STATE STREET RAILWAY CO, 319 Findings and Award in re Amalgamated Association of Street & Electric Railway Employees of America, Members of Divisions 174, 235, 238, 240, 248, 246, 249, 253, 261, 270, 280, 378, 473, 503, 551, and 688, v. Bay State Street Railway Co. 634. December 4, 1918. _ The undersigned were selected as a section of the National War Labor Board to hear this controversy, and hereby report to the board the following findings and award: Wages.—The wage scale for all motormen and conductors shall be: or the first three months of service, 41 cents per hour. For the next nine months of service, 483 cents per hour. Thereafter, 45 cents per hour. Maiane working conditions and differentials paid for special services shall be con- tinued. Wages of other employces.—The aggregate wage now paid to each classification, other than motormen and conductors, which is before the board for fixation, shall be in- creased by the same percentage that the maximum of the wage scale paid to motormen and conductors is increased by the award, and this aggregate amount of increases is to be distributed among the individuals in the classification by agreement of the joint committee of the employees and the company that is now readjusting the classi- fications and the rates therein, and in case of failure to reach an agreement the matter shall be referred to the board for settlement; provided, however, that if this increase does not bring the wage of any adult male employee up to a minimum of 424 cents per hour he shall be paid said minimum of 424 cents per hour up to not more than 10 hours’ work per day. The foregoing provisions shall not apply to employees who are alrerdy receiving union craft rates, nor operate so as to increase their wages beyond such rates. Interpretation of award.—For the purpose of securing a ene. interpretation of this award the secretary of the National War Labor Board shall appoint an examiner, who shall hear any difference arising in respect to the award between the parties and promptly render-his decision, from which an appeal may be taken by either party to the board. Pending a final adjudication upon the appeal the decision of the exam- iner shall be binding, except as provided in the rules of the board. Date effective.—This award is to take effect as of October 22, 1918, and shall continue for the period of the war as determined by Executive proclamation, except that either party may reopen the case before the board at periods of six months’ interval, beginning June 1, 1919, for such adjustments as changed conditions may render necessary. The company shall be allowed until March 1, 1919, to make payments to its employ- ees of the back pay due them under the award. Financial recommendation.—This increase in wages will add substantially to the operating cost of the company and will require a reconsideration by the proper regu- lating authority of the fares which the company is allowed by law to collect from ita passengers. : We make part of this award the words we have used in the award in the Cleveland case: : We have recommended to the President that special congressional legislation be enacted to enable some executive agency of the Federal Government to con- sider the very perilous financial condition of this and other electric street railways of the country, and raise fares in each case in which the circumstances require it. We believe it to be a war necessity justifying Federal interference. Should this be deemed unwise, however, we urge upon the local authorities and the people of the locality the pressing need for such an increase adequate to meet the added cost of operation. This is not a question turning on the history of the relations between the local street railways and the municipalities in which they operate. The just claim for an increase in fares does not rest upon any right to a dividend upon capital long invested in the enterprise. The increase in fare must be given because of the immediate pressure for money receipts now to keep the street railways run- ning so that they may meet the local and national demand for their service. Overcapitalization, corrupt methods, exorbitant dividends in the past. are not Televant to the question of policy in the present exigency. In justice the public should pay an adequate war compensation for a service which can not be ren- dered except for war prices. The credit of these companies in floating bonds is gone. Their ability to borrow on short notes is most limited. In the face of added expenses which this and other awards of needed and fair compensation 320 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. to their employees will involve, such credit will completely disappear. Bank- ruptcy, receiverships, and demoralization, with failure of service, must be the result. Hence our urgent recommendation on this head. Wa. H. Tart, Frank P. WALSH, Joint Chairmen and Section. Award in re New York Newspaper Publishers v. International Association of Machinists, District 15. 637. January 15, 1919. This case comes before the board by joint submission, the issue involved being one of wages. It —— from the evidence in this case that the machinists employed by the newspaper publishers are men of extraordinary skill and ability, years of special train- ing being required to fit men for this work. _ The contention of the men that they are experts in this line of work is borne out by the evidence in the case. The workmen involved in this controversy can in no wise be classified with the ordinary machinists employed in other industries. . Wages.—The scale rate of wages for machinists in the employ of the newspaper publishers shall be $7.20 per day. . Hours of labor. —The hours of labor shall continue as at present. Duration of award.—This award to take effect as of October 15, 1918, and shall con- tinue for the duration of the war, except as either party may reopen the case on May 1, 1919, for such adjustment as changed conditions may render necessary. The pub- lishers shall have until February 15, 1919, to make payments of retroactive pay. Apam WILKINSON, Joun F. Perxiys, Section. Findings in re Machinists v. Smith, Drum & Co., Philadelphia, Pa. 641. January 15, 1919. MEMORANDUM TO THE BOARD. This case was filed with the board on November 2, 1918, by William A. Kelton, business representative, International Association of Machinists. Complaint was not signed by actual employees of the concern. On November 12 Smith, Drum & Co. answered the complaint by letter, in which they stated the firm had no knowledge of ae grievances and asked to be released from appearing. ompany appeared at hearing and gave testimony, but declined to submit the case to the board. Under the heading, ‘‘Issues,’’ the examiner in his report states: A number of issues were settled before the hearing began; the 8-hour day, time and one-half for overtime, and double time for Sundays and holidays were found to be already in effect and were therefore eliminated as points at issue. The employer also conceded the right of the employees to bargain collectively, but on account of apparent differences of opinion upon this point the examiner ruled that testimony might be taken on it. The real issue is one of wages. In regard to collective bargaining, Mr. Drum stated at the hearing: As our shop is a small one, having a few men, and our foremen know all the men, we consider it is better to deal with the men individually, but when there is anything that concerns the whole shop I think it is advisable to meet all the men or a representative committee of them. The company also stated in a letter to the board, dated November 12, as follows: Whenever our workmen appoint a committee to meet us to discuss any matter pertaining to their welfare, we have never yet refused to meet them, and we will always be willing to do so. We do not understand why the representative of the Machinists’ Union should send us a, notice or make a demand of any kind, as we do not have a closed union shop and have not dealt with that body in the past. It appears that the company had no direct Government contracts, but were doing Government work indirectly as subcontractors at fixed prices. As this is not a joint submission, the board can only make a finding and recommenda- ,tion and the section submits the following: EASTMAN KODAK CO. 821 FINDING. The principles of the board under the headings ‘‘ Right to organize” and ‘Existing conditions” are re reaffirmed, and we recommend that all the principles of the dea aie Board be adopted and adhered to by both the employers and the employees in this case. We further recommend that a permanent committee be formed, to consist of two employees and two tepicontalives of the company, to which committee shall’ be referred all questions of wages, working conditions, etc., affecting the company and its employees, the decision of any three members of this committee to be binding. Wages.—The claims made by the employees would indicate that in some classes of service the increased wages have not kept pace with the increased cost of living. The board therefore recommends that the company should give consideration to the claim for additional wages, and that upon the formation of the committee above referred to said committee should take the matter under consideration and endeavor to reach an agreement thereon, covering all of the employees in this company. This finding shall continue in effect for the duration of the war. C. A. CROCKER, T. M. Guerin, Section. Finding in re Pattern Makers v. Banner Pattern Co. and Melvin Pattern Works, Columbus, Ohio. 670 and 671. March 26, 1919. It is recommended that the basic 8-hour day, four hours on Saturday, with a mini- mum wage of 75 cents per hour for journeymen pattern makers, agreed upon as of June 8, 1918, should be continued. It is further recommended that as the right of the workers to bargain collectively through their chosen representatives is recognized by this board, as well as having been recognized by the companies, that the companies should continue to deal with such shop committees for the consideration of wages, overtime rates, hours, and work- ing conditions, at such intervals as conditions may make necessary. , MartrHew Wott, H. O. Smirz, Section. Award in re Building Trades’ Council, Rochester, N. Y., v. Eastman Kodak Co. 677. January 16, 1919. MEMORANDUM TO THE Boarp. This case was originally before the Department of Labor and was transferred to the National War Labor Board under a joint submission. It will be noted that the complaint is by the Building Trades’ Council against the Eastman Kodak Co., and is not a complaint by the employees of the Kodak Co. The theory upon which this award is based is that the Eastman Kodak Co. must, or at least should, be conversant with the conditions under which outside contractors are working with their men, and therefore that the Kodak Co. in undertaking new con- struction work should conform their practice to the universal local conditions. The building trades’ contractors of Rochester operate under a contract with the Building Trades’ Council whereby it is agreed that their employees shall not work on construction work with nonunion men and provided that in case this rule is violated the Building Trades’ Council may call their members off the job. Your section therefore recommends the following award: AWARD. Whereas it appears that the building trades’ em loyers of Rochester, N. Y., make yearly contracts with the Building Trades’ Council (employees) in which it is stipu- lated‘that members of the Building Trades’ Council may refuse to work on construc- tion work with nonunion men; and — j Whereas this working agreement is, or should be, fully understood by companies employing outside contractors to do construction work; therefore, 42663°—21——_21 322 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. The National War Labor Board rules that the Eastman Kodak Co. should not under- take to have their regular maintenance men work upon any construction jobs which are primarily being operated by outside unionized contractors, coincidently with the employees of said contractors, unless the said maintenance men work the same number of hours per week and receive the same minimum hourly wage as the employees of said outside contractors and are members of the respective unions employed by the outside contractors on such new construction work. Nothing, however, in this award is to be construed as prohibiting the employment of said maintenance men in any construction entirely carried on by employees of the company; nor from working on repairs or maintenance in the original or old part of a building at the same.time that a new extension or alteration of said building may be preceeding under an outside contractor; nor, after outside men are through and have left the job, the employment of their own men in the further finishing or equipment of such building.’ ‘ This award shall continue in force for the duration of the war. C. A. CROCKER, T. M. GUERIN, Section. Findings in re Employees v. American Locomotive Co. (Alco Plant), Rich- mond, Va. 739. January 29, 1919. Committees.—The principles upon which this board is founded recognize the right to employees to organize and bargain collectively, and there shall be no discrimina- tion or coercion directed against proper activities of this kind. Employees in the exercise of their right to organize also shall not use coercive measures of any kind to compel persons to join their unions, nor to induce employers to bargain or deal with their unions. As the right of workers to bargain collectively through committees is recognized by the board the company shall recognize and deal with such committees after they have been constituted by employees of the company. Hours and wages.—The board finds that, inasmuch as the company had signed an agreement with its employees at the Seventh Street plant two weeks prior to the filing of the complaint in this case, the company should provide the same hours and wages in the Alco plant as those provided in the said agreement now in effect at the Seventh Street plant of this company. This finding to take effect as of December 3, 1918, and continue in force and effect concurrently with the aforesaid agreement of the Seventh Street plant. : C..E. MicHagL, Apam WILKINSON, Section. Award in re Butterick Publishing Co. v. Franklin Union No. 23, Pressmen’s Union No. 51, and ee Handlers and Sheet Straighteners’ Union No. 1, of New York, N. Y. ' 752, 752a, and 752b. January 15, 1919. This case comes before the National War Labor Board by joint submission. The establishment involved in this controversy conducted an open shop. On November 6, 1918, a strike took place involving the employees of the complainant who were members of Franklin Union No. 23 and the Printing Pressmen’s Union No. 51. The complainant requested that the National War Labor Board direct the strikers to return to work pending an investigation and adjustment of the differences by the board. At the request of the War Labor Board the men went back to work and agreed with their employers to submit the questions at issue to the board for adjustment. Subsequently the complainant agreed to put into effect the union scale as agreed upon between the unions of the employees and the Printers’ League Section of the Association of Employing Printers of New York. The only question now before the board for adjustment is whether the shop practice relative to pressmen now in effect in this establishment shall be continued or whether the general practice in printing establishments in greater New York that ‘‘one press- man shall operate but one two-color press” be put into effect. | 1, The record shows that it is the general practice in greater New York for pressmen to confine their labors to one press of this character. It is claimed by the representa- tives of the unions that this condition was brought about in other establishments COAL DEALERS, LYNN, MASS. 323 because it was unsafe for a pressman to take care of two presses at one time. On the other hand it is contended by the employers that a pressman can operate two of these resses without any great difficulty and that to confine the labors of a pressman to one press is a great economic loss. oe \ In view of the general practice relative to the pressmen’s work on two-color presses, it is the judgment of the undersigned that the business of the complainant is not placed at a disadvantage with establishments of like character by complying with the general rule in this instance. We decide— : “3 That one pressman shall be limited to the care and operation of one two-color presst 2. The right of workers to organize in trade-unions and to:bargain collectively omne chosen representatives is recognized and affirmed. This right shall not be denied, abridged, or interfered with by the employers in any manner whatsoever: ' The right of employers to organize in associations or groups and to bargain collec- tively through chosen representatives is recognized and affirmed. This right shall not be denied, abridged, or interfered with by the workers in any manner whatsoever. ‘Employers shall not discharge workers for membership in trades-unions nor for legitimate trade-union activities. The workers in the exercise of their right to organize shall not use coercive measures of any kind to induce persons to join their organizations nor to induce employers to bargain or deal therewith. 3. This award shall take effect as of November 7, 1918, and shall continue for the duration of the war, except as either party may reopen the case on May 1, 1919, for such adjustment as changed conditions may render necessary. ° Apam WILKINSON, Joun F. Prerxins, Section. Award in re Teamsters’ Local No. 42 v. Coal Dealers, Lynn, Mass. V4. April 11, 1919. This controversy is between the coal dealers of Lynn, Mass., and their teamsters and other employees engaged in handling coal, as represented by the Teamsters’ Protective Union, Local No. 42. By agreement the workday is 9 hours, being from 7a. m. to 5 p. m., with one hour out for dinner, except on Saturdays when the workday is from 7a. m. to 11.30 a. m., except during the months of December, January, February, and March, when the time has been extended to 12 o’clock without overtime pay for the extra half hour. The issues presented by the employees for decision are: 1, An increase in the scale of wages, as specifically set out. 2. That the prevailing practice whereby the teamsters are required to have their team cleaned and harnessed, ready for work, at 7 a. m., be abandoned, and that hereafter teamsters shall report for duty at 7a. m.and shall clean and harness their team in the company time. 3. There is also the demand that the workday shall end at 11.30 a. m. on Satur- day throughout the year. 4. Whether future contracts between coal dealers and the union shall be for one year, or terminable on 30 days’ notice by either party. It is agreed by the terms of submission that the award shall be retroactive as of October 29, 1918. . Since the hearing it has been agreed between the parties that the award as to the ourth issue shall be as follows: ; This award shall be effective for the duration of the war, except that either of the parties may reopen the case before the National War Labor Board at periods of six months’ interval, but in no event before July 1, 1919, for «such adjustment as changed conditions may render necessary. : _ As to issues 2 and 3, as the agreement is for a 9-hour day the demand of the employees is just that the day’s work shall end at 11.30 on Saturday in December, January, Feb- tuary, and March, and there is no reason why they should work a half an hour per day on Saturday during those four months, except that it is convenient to the em- ployers, As the award is retroactive to October 29 they are entitled to pay at over- time rates for said half hour on Saturdays during the last four months, This amount can be readily calculated. ; The same is true as to the time before 7 o’clock which the teamsters have worked without compensation. This time back to October 29 can be ascertained by agree- ment or by a reference to take evidence, and should be paid for at overtime rates. Demands 2 and 3 are allowed. 324 CHAP. V.m—AWARDS OF NATIONAL WAR LABOR BOARD. As to issue No. 1, the demand for increased pay is denied; but the increased allow- ance for overtime at rate asked by employees is allowed.: The award is to be made as of October 29, and the evidence shows that at that time the wages paid in 94 other Massachusetts cities and towns averaged less than the Lynn coal dealers were paying. And in 107 Massachusetts cities and towns (including the above 94) the wages averaged only 9 cents per week more than the Lynn dealers were paying. The wages paid in the other 5 New England States averaged over $1.50 less per week than thoge the Lynn dealers were paying. ; It also appears that wages for similar work in Lynn are no higher than paid by the coal dealers. There is evidence that there has not been much change in the cost of living since the increase given by the agreement made in May and June, 1918, and we know that what change is now taking place is rather in the direction of lower prices. There will be no hardship in this, since, by the agreement of the parties as to the fourth issue, either party may reopen the case before the National War Labor Board on July 1, 1919, and thereafter at periods of six months’ interval, for such readjust- ment as changed conditions may render necessary. Water Cuark, Umpire. INTERPRETATION OF AWARD. LETTER FROM RESPONDENTS’ ATTORNEY. Apri 22, 1919. Nationat War Lasor Boarp, Washington, D. C. (Attention Mr. W. Jett Lauck, Secretary.) Dear Sir: I have before me certified copy of the award of the umpire in the above- entitled matter. The award on the issues as outlined by the umpire are very clear, and the coal dealers are putting into effect the umpire’s award on issues 2 and 3. The award as to overtime, however, is not clear to us. The umpire awards overtime for the half hour from 11.30 to 12 on Saturdays, and for the time which the teamsters have worked prior to 7 o’clock, from the date of the award back to October 29. The only paragraph in which the overtime rate is spoken of is as follows: As to issue No. 1, the demand for increased pay is denied; but the increased allowance for overtime at rate asked by employees is allowed. The only overtime asked for by the employees, if the copy of their demands given to me is correct, is overtime after 5p.m. The rate which they asked for overtime after this hour is $1 an hour. Inasmuch, however, as the demand for increased pay is denied, it does not seem to us possible that the umpire would award overtime rates at the rate of $1 an hour, which would be vastly higher than any overtime percentage which has ever been granted by the board to our knowledge. It seemed quite likely to us that the umpire meant to base the overtime rate upon the rate paid, and if the award means time and a half for all overtime as fixed by the terms of the award, it will be clear. For the purpose of disposiny of the case to the satisfaction of all the parties, may we have an interpretation of the award solely on the question of overtime rate, and thus determine whether overtime shall be paid at the rate of time and a half, or some other definite percentage, as the rates of the men differ, as will be seen from the in- spection of their demands. The award of the umpire is carefully. drawn, and clear except on this one point, and possibly the uncertainty arises because the umpire assumed that the parties before the War Labor Board would understand that the usual time and a half for overtime would be the method for calculations. Very truly yours, ‘ Henry R. Mayo, Attorney for Coal Dealers, Lynn, Mass. LETTER FROM UMPIRE. May 22, 1919. Mr. W. Jerr Laucx, Secretary, National War Labor Board. Dear Sir: In reply to your letter of the 25th ultimo, inclosing the letter of Mr. Henry R. Mayo, attorney for the Coal Dealers of Lynn, Mass., I had two ideas in my mind in passing upon the four propositions you made. One, that the evidence of the prevailing rates for labor in the 107 towns did not justify an increase in the scale of wages. WHARTON STEEL UU., WHARTON, N. J. 325 Two, that the parties having agreed upon tRe 9-hour day, it should be adhered to bona fide in every respect, and therefore the contentions of the teamsters and other employees under sections 2 and 3 should be allowed and the time before 7 a. m. and after 11.30 a. m. on Saturdays, during the four months, and after 5 p. m. on all other week days, should be counted as overtime on the basis of time and one- half for overtime; and, further, that their contentions for overtime after the regular uitting time should, after April 11, 1919, be allowed upon the basis of $1 per hour to iscourage a breach of agreement for a 9-hour day, and computation and payment of overtime shall be made accordingly. : ul Very truly yours, / to Water Ciarx, Umpire. Award in re Port Oram Iron Union No. 267, Rogers, et al., v. Wharton Steel Co., Wharton, N. J. us 798. March 14, 1919. Brier OUTLINE OF THE CASE. The first complaint to the National War Labor Board was a telegram dated October 14, 1918, from Thomas E. Rogers, chairman of committee, Local 267, Wharton, N. J., which was answered and referred to the Department of Labor, with the request that a conciliator be sent to investigate the trouble. On October 19 the Department of Labor sent Commissioner Rodgers to Wharton. The jurisdiction of this board was invoked by the Department of Labor on November 12, 1918. While there is no written joint submission of this case to the board, it is in reality one of joint submission. Mr. John’ J. 8. Rodgers, conciliator of the United States Department of Labor, in his report to the department under date of October 23, 1918, among other things, used this language: ‘‘Both sides agree to abide by the award of the War Labor Board,” Hearings in this case were had before the examiners at Newark, N.J., on January 21, 1919, at which time representatives of both parties appeared. In answer to a question of the examiner on the matter of submission, Mr. W. H. Brevoort, president of the company, replied: ‘‘I only would like to state that I would say now that we will abide by the award of the War Labor Board.” (Rec., p. 9.) When this controversy arose there were some 700 men directly involved. The men, through a committee of two of their number and the union organizer, Mr. Cannon, attempted to submit their demands to the company on October 14, 1918, but the com- pany refused to treat with the committee. The president, however, as testified by one employee, member of the committee (D. 14), did say they would treat with them, as employees but not through an intermediary of a union. A copy of the demands was later sent to the office of the company and left there. Nothing resulted from this, and a conciliator from the Department of Labor was sent in, as above stated. When the demands of the men were made, the company was working upon a 10 to 12 hour basis, paying straight time for overtime. The men were called upon to work on Sundays and all holidays with no extra compensation. Some time in November, perhaps a month after the controversy arose, the company put into effect the basic 8-hour day, with time and one-half for overtime, but under this schedule the men were required to work on Sundays for straight time until 8 hours had been worked. On February 1, 1919, which was after the hearing before the examiners, the company put into effect the straight 8-hour day, but at the same hourly rate as the men were receiving on the 12-hour day. . The men are demanding, in brief, an increase in wages, the 8-hour day, time and one-half for overtime, with double time for Sundays and holidays, reinstatement of all discharged men with compensation for time lost, the rule of seniority to prevail in the hiring and laying off of the men and in their piompeen, etc.; they allege that a large number of the men have been discharged by this company because of member- ship in the union. Among those discharged are members of the shop committee, and the men are demanding that all of these men be reinstated and compensated for time lost. The men also alee that the company, while discharging the old employees, is daily hiring new men to take the places of those discharged. It may be well to point out that substantially the schedule of hours demanded by the men in this case is in operation in the mines in the immediate vicinity of this conan s plant, and are being worked under an agreement with this organization. The men state in their complaint that collective bargaining is absolutely denied them, but made no real proof. The men demand that the award of this board be Tetroactive to October 15, 1918. 326 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. The testimony of employees was matnly directed to the question of discriminafion and discharge, except for the testimony of Joseph D. Cannon, the international union representative who covered most of the other features of the case. eae, The company offered very little testimony, and that was mainly in contradiction to some, but not all, of the allegations of discharge for union activities, except the testimony of the president of the company, Mr. Brevoort, who made positive. but gen- eral, statements to the effect that under the policy of the company no one 1s discharged for affiliation with unions, the company does not discriminate nor even discourage the membership in such organizations, and that they have not blacklisted anyone. Only very meager, data as to wages were filed by the company, and it is to be re- gretted that the company did not furnish fuller testimony on all points and complete classified lists of crafts and their wages, because that might have aided the section materially in its difficult task. : . In arriving at a conclusion and agreement your section has deemed that it would be fair to all the parties if it based its recommendation upon what it understands to be the rates and practices of mines and furnaces owned in the immediate vicinity of Wharton Steel Co.’s plants and a few others somewhat similarly situated. Accord- ingly, we recommend that the following be the award in this case. AWARD. Collective bargaining.—The right of workers to organize into trade-unions and to bargain collectively:through their chosen representatives is recognized and affirmed. The workers shall have free choice in the selection of committees, from among their number, to represent them, and the company shall meet with committees of their own employees in the various departments for the purpose of adjusting any grievances that may arise. Employees in the exercise of their right to organize also must not use coercive measures of any kind to compel persons to join their unions, nor to induce employers to bargain or deal with their unions. ; Discrimination.—There shall be no discrimination by the company against employ- ees for membership in the union or for legitimate trade-union activities. Hours.—The company operates iron mines, quarries, and furnaces. The basic 8-hour day shall be in effect, except as hereinafter provided: The furnaces are necessarily operated continuously, 24 hours per day, when operated at all. At the furnaces, 8 hours in any one 24-hour period, including Sundays, shall con- stitute a day’s work, but it is recommended that when labor is available in sufficient quantities arrangements should be made so that each man may have one day in seven for rest. The working hours for train crews shall be 9 hours per day. Should their work be completed at any time between the last half-hour point and the full 9 hours working time, the crew shall have the privilege of going home. Should the crew be required to remain 30 minutes or less beyond the end of their ninth werking hour to complete the work no extra time shall be granted, but in case more than 30 minutes in excess of 9 hours are required to do the work, overtime shall be granted at the flat hour basis. The superintendent, or his representative, shall be the judge as to when the work for the day iscompleted. Where it is necessary to operate the railroad for 24 hours daily, the regular 8-hour shifts shall be in operation. Atand in the mine or mines 8 hours shall constitute a day’s work; the underground men to be underground 8 hours and 20 minutes, 20 minutes of said time to be the men’s lunch time, without pay. Provided, however, That by mutual agreement between the men and the management a Saturday half holiday may be arranged for by lengthening the regular working hours on Monday to Friday, inclusive. Overtime.—All time worked in excess of the regular shifts hereinabove provided in any consecutive 24 hours, except paca of shifts (and work of train crews), shall be regarded as overtime, to be paid for at the rate of time and one-half, work done on Sundays and recognized holidays included, except that work regarded as necessary, such as pumping, firing, and power-house engineering. Wages.—The rates per hour for workers engaged in, or in connection with, the mining operations of the company shall be the same as the rates per hour established under the eement dated April 18, 1917, and still in effect, between the Empire Steel & Iron 0., as operators, and the Union of Mine, Mill, and Smelter Workers, as emplovees. The rates pet hour for the workers engaged in, or in connection with, the furnace operations of the company shall be the same as the rates per hour established under the agreement now in effect between the union above mentioned, as employess. the Adrian Furnace Co., as operators, for the furnace operations of said operators at Punxatawney and DuBois, Pa., and elsewhere. WILLIAMSPORT WIRE ROPE CO., WILLIAMSPORT, PA. 327 The rates to be determined for each class of workers in each of said operations of the company (respondent), in accord with the rates fixed under said agreements, for cor- responding classes, by the companies who are parties to the agreements referréd to herein: Provided, however, That in no case shall this award as to wages be construed to operate so as to reduce the rates per hour now being paid by the Wharton Steel Co. to any of its workers. Men engaged in the work of sinking shaft or winze shall be allowed 50 cents per day extra and shall be furnished with rubber clothing while so engaged. Seniority —In hiring and laying off the men, and in their promotion, the rule of seniority shall prevail, the efficiency of the individual to be considered. Temporary change of employee.—If a worker be placed temporarily at an operation rated at a less wage than that for which, his regular occupation calls, he shall receive the same wage that he was receiving at his regular occupation. Ifa worker be placed atan occupation paying a higher wage than that which he was receiving at his regular occupation, he shall receive the regular wage which the job he is called upon to do pays. Depression.—That in case of depression in business, necessitating the curtailing of production, the work to be done shall be distributed among the men working at the plant when such curtailing becomes necessary. Retroactive.—That the award of this board shall be retroactive as of November 10, 1918. The company is granted until April 15, 1919, to make the back payment of wages provided for and due under this award. Reinstatement of discharged men and alleged discrimination.—That James Reagan, Thomas EK. Rogers, Steve Kish, John Schucky, Thomas Pearce, Alec Foder, Martin Szuke, John Feggo, and John Goodrich shall be reinstated in their employment at the same pope or work of similar nature to that which each was doing when dismissed at rates of pay not less than each was then receiving nor less than the rate establishe for the work upon which he is reemployed, plus any increases which such work may receive under the terms of this award, without loss of seniority, rating, or bonuses, and with pay for all time lost by reason of dismissal, minus amount, if any, of inter- vening earnings, provided the examiner finds that said men were unjustly dismissed. Such reemployment by the company shall be dependent upon each employee pre- senting himself to the company within six days after the receipt of this award by the parties to the case. As to any other men alleged to have been discharged without adequate cause, the examiner appointed by the board under this award shall make careful and impartial investigation; and if in any case or cases he is satisfied that the discharge was without adequate cause, then such man or men shall be the first to be employed, or offered employment, by the company when it requires any additional men for the class of work which said discharged men were doing when last in the company’s employ. Caution. All men who may be reinstated or reemployed by the company under this award should, however, remember that they must be diligent and faithful in the performance of their duties, and obey the rules of the company, and that the right of the company to discharge men for just cause is in no sense abridged by this action of the National War Labor Board. . _ Interpretation of the award.—That for the purpose of securing the proper interpreta- tion of this award the secretary of the National War Labor Board shall appoint an examiner, who shall hear any differences arising between the parties in respect to the award and promptly render his decision, from which an appeal may be taken by either of the parties to the National War Labor Board. Pending such an appeal the decision of the examiner shall be in force, except where the payment of wages is directly or indirectly involved. Duration of award.-- This award shall be effective for the duration of the war, except that either pery may reopen the case before the National War Labor Board at periods of six months’ interval, but in no event before July 1, 1919, for such adjustment as changed conditions may render necessary. Frep Hewitt, Josern W. Marsu, Section. Finding in re H. R. Billman et al. v. Williamsport Wire Rope Co., Williams- port, Pa. : 818. March 5, 1919. _ Right to organize.—The principles upon which this board is founded guarantee the right to employees to organize and to bargain collectively, and there should be no discrimination or coercion directed against proper activities of this kind. Employees in the exercise of their rights to organize also should not use coercive measures of any 328 CHAP, V.—-AWARDS OF NATIONAL WAR LABOR BOARD, kind to compel persons to join their unions nor to induce employers to bargain or deal with their unions. Hours.—The evidence discloses that the work performed is monotonous in character and the hours of work are excessive. We hold these long working hours do not promote the health, comfort, and well-being of the workers, and it is our opinion that these excessive hours retard rather than enhance the efficiency of the employees. We recommend that the committees herein provided and the management should imme- diately consider and arrange for a schedule of hours which will establish a shorter workday which will be conducive to the health and well-being of the employees and promote a greater degree of proficiency of the workers and efficiency in production. Reinstatement of employees discharged.—The evidence shows that a few days after the organization of a union that the president, the secretary, and the treasurer of the union were discharged. We recommend, theréfore, that the representative committees herein provided give consideration to each case of discharge on its merits. If good and 'sufficient cause other than union membership and union activity can not be shown for the dismissal of these three employees, we recommend their reinstatement without prejudice and without demotion at the earliest opportunity. Committees.—As the right of the workers to bargain collectively through their chosen representatives is recognized by this board, the company should recognize and deal es such committees of their employees after they have been constituted by their employees. We recommend that when such committees are elected that the matter of the rein- statement of the discharged employees, the consideration of means to establish a shorter workday, and all other matters in this complaint be taken up between the company and the shop committees in an earnest endeavor to reach agreement on the points at issue at an early date. MarrHew WotL, ‘Joun F. PERKINS, Section. Award in re Amalgamated Meat Cutters & Butchers’ Workmen, Local 534, v. Retail Merchants’ Association of East St. Louis, Il. 829. March 4, 1919. This case comes to the board as a joint submission on the failure of the parties to come to an agreement as to the terms of a new contract to go into effect on November 1, 1918. Of the demands of the complainant as filed with the board, all were agreecd to at or previous to the hearing, or were dropped, excepting (a) wages and (b) hours. The wage demand is for the following minimum: Meat cutters, $32 per week; grocery ome and drivers, $27.50 per week; and cashiers and other female help, $15 per week. The hours demanded are: Nine hours, i. e., 7 a. m. to 5 p. m., on all days except Saturdays and days preceding holidays, when 11 hours, i. e., 7a. m. to 7 p. m., shall be worked. AWARD. We find that closed union-shop conditions existed previous to the war, and under the principles of the board these same conditions shall continue between the several shops and the union as heretofore. Wages.—The minimum wages shall be as follows: Meat cutters, $25 per week; grocery clerks and drivers, $23 is week; cashiers and other female help, $15 per week. This award shall not adversely affect the employees receiving wages in excess of the minimum hereby established. Women doing equal work with men shall receive the same pay. Hours.—Nine hours shall constitute a day’s work for five days in the week, to be worked between the hours of 7 o’clock in the morning and 6 o’clock in the afternoon. On Saturday, or the day before a holiday, 11 hours shall constitute a day’s work, to be worked between the hours of 7 o’clock in the morning and 9 o’clock at night. The employees shall have 1 hour for dinner six days in the week and 30 minutes for supper on Saturday or the day before a holiday. This award shall be retroactive as of November 1, 1918 (and employers allowed until May 1, 1919, to make this payment), and shall continue for the duration of the war, except that-either party may reopen the case at intervals of six months thereafter for such readjustments as changed conditions may render necessary. JoHN J. MANNING, P. F. Sutiivan Section. ANMOSLKUNG LCUnn UU. ET AL, LANCASTER, PA. 329 Award in re Molders v. Parsons Co., Newton, Iowa. 631. April 9, 1919. The Parsons Co. operates a steel mill at Newton, Iowa. The grievances of the men were reduced to wages, hours, and recognition of the union. As to the question of hours, it seems that in this particular plant the 8-hour day is impracticable, because it will cut down the number of pourings from four to three, and in view of the fact that the hours of the men have already been shortened ‘and that the wage increase has been larger than in many instances, the following will bethe award: __ Wages.—That the minimum rate of wages paid to molders employed by this.com- pany be 70 cents per hour. ‘ Workday.—That the period of the workday in this plant be nine hours. Recognition of union.—The principles of the National War Labor Board provide that an employer who has not in the prewar period dealt with or recognized the union be not required to doso, It is, however, a well-recognized principle of the War Labor Board that the principles upon which this board is founded guarantee the right to employees to organize and bargain collectively, and there shall be no discrimination or coercion directed against proper activities of this kind. Employees in the exer- cise of their right to organize also shall not use coercive measures of any kind to compel persons to join their unions nor to induce employers to bargain or deal with their unions. As the right of workers to bargain collectively through committees is recognized by the board, the company shall recognize and deal with such committees after they have been constituted by employees of the company. Duration of the award.—This award shall remain in force for the duration of the war, or as long as the company is engaged in war production. W. R. Witcox, Umpire. Findings in re Wm. F. Marley and Charles O. Thomas v. Armstrong Cork Co., Docket No. 873; Jno. A: McGinnis and Geo. Swenk v. Bearings Co. of America, Docket No. 874; Parke F. Zittle et al. v. Champion Blower & Forge Co., Docket No. 875; Milton J. Dickover et al. v. Barry & Zecher Co., Docket No. 876; and S. B. Duke et al. v. D. H. Potts Co., Docket No. 877; all of Lancaster, Pa. 873 to 877. April 11, 1919. After careful review of the facts surrounding this controversy the section makes the following recommendations: . 1. That the principles upon which the National War Labor Board is founded give to the employees the right to organize and bargain collectively, and that there should be no discrimination or coercion directed against proper activities of this kind. 2. The employees, in the exercise of their right to organize, should not use coercive measures of any kind to compel persons to join their unions, or to induce the employ- ers to bargain or deal with their unions. 3. As the right of workers to bargain collectively, through committees, is recog- nized by the National War Labor Board, the companies should recognize such com- mittees, which should be representative of the several departments of the companies, and all differences should be adjusted through committees so constituted and the employers. 4. Excess hours worked over those fixed for the regular day’s work should be paid sior at time and one-half, except Sundays and holidays, which should be figured at double time. a Night shifts should receive 5 per cent higher than day rates for the same occu- pations. 6. Pay day should be once a week, on company’s time, not more than two days’ pay to be retained. 7. In case of depression, hours should be reduced before men are laid off. 8. In no case should male employees over 21 years of age (except apprentices, superannuates, and physically disabled men) receive less than 42 cents per hour after six months’ service in the plant. 9. If the companies received payment at the rate of time and one-half for overtime worked beyond eight hours per day for work done by them, either directly or indi- rectly, for the Government or for private parties, they should, in fairness to their employees, compensate said employees on the same basis for the period during which the companies received such overtime payment for their work. JosepH W. Marsu, Frep Hewrrt, Section. 330 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. Finding in re Employees v. Carpenter Steel Co., Reading, Pa. 913. February 12, 1919. Committees.—The principles upon which this board is founded recognize the right of employees to organize and bargain collectively, and there shall be no discrimina- tion or coercion directed against proper activities of this kind. Employees in the exercise of their right to organize also shall not use coercive measures of any kind to compel persons to.join their union, nor to induce employers to bargain or deal with their union. , * As the right of workers to bargain collectively through committees is recognized by the board, the company shall recognize and deal with such committees after they have been cinehinwed Ty the employees. Hours of labor.—It appearing that the basic 8-hour day has been established in the other steel plants at Reading, the board finds that the same hours should apply in this establishment, ‘with time and one-half for overtime, and double time for Sundays and holidays, except that the overtime should not apply in continuous operations for Sunday work where the employees are given one day off in seven. Wages.—The product of the establishment involves such varied and complicated operations, and consequent multitudinous schedules, an equitable adjustment of the wages of all employees involved can be accomplished only by conference between the management and the committees above contemplated, who are alone familiar with all the conditions, and the board finds that wages shall be adjusted by confer- ences between the management and such committees of emplovees. But in such adjustment of wages a minimum rate of 40 cents per hour should be established for common labor; this, however, not to apply to those who, by reason of old age or physical disability, are unable to perform a normal day’s work. Duration of finding.—This finding to be in effect for the duration of the war, but may be reopened six months from date should changed conditions render necessary. Apam WILKINSON, O. E. Micuast, Section. Award in re John W. Moore et al. v. The Westfield Manufacturing Co., West- _ field, Mass. 968. April 11, 1919. Be it ordered by the National War Labor Board that the following be the award in this case: Collective bargaining.—The right of workers to organize into trade-unions and to bargain collectively through their chosen representatives is recognized and affirmed. The workers shall have free choice in the selection of committees to represent them, and the company shall meet with committees of their own employees for the purpose of adjusting any grievances that may arise. Discrimination.—There shall be no discrimination by the employers against employees for membership in the union, or for legitimate trade-union activities. ages.—The following shall be the minimum rate of wages: Toolmakers, 72 cents per hour; machinists, 68 cents per hour. Hours.—The request for an 8-hour day is denied, but the board recommends that the company meet with the committee of employees hereinabove provided for and -endeavor to adjust a daily schedule of hours to be worked which shall be mutually satisfactory. Overtime.—That all time worked in excess of the schedule of hours agreed upon in any one day shall be paid for at the rate of time and one-half, except Sundays and holidays, for which double time shall be paid. Duration of award.—This award shall be effective for the duration of the war, except that either party may reopen the case before the National War Labor Board at pave of six months’ interval, but in no event before August 1, 1919, for such adjustment as changed conditions may render necessary. Administrator.—Upon application by the parties the secretary of this board may designate an administrator to interpret or apply such terms of this award as the company and committees may be unable to themselves adjust. Should a contro- versy arise in respect to the interpretation of the award, an appeal may be made to the board, pending the adjudication of which appeal the decision of the adminis- sone cag be enforced, except where the payment of wages is directly or indirectly involved. TENNESSEE COPPER CO. 831 Retroactive.—This award shall be retroactive as of November 6, 1918. The company is granted until May 15, 1919, to make the back payments of wages provided for and due under this award. GRANVILLE E. Foss, , Frep Hewirt, 2 Section. Award in re Hooven, Owens & Rentschlar Co., Hamilton, Ohio, v. Interna- tional Association of Machinists, Lodge No. 241. } 978. April 10, 1919. ‘ : : : fl wee it ordered by the National War Labor Board that the following be the award in is case: Hours.—Kight hours shall constitute a day’s work for eibher the day or night, shift, to be worked as follows: Day shift, 6.30 a. m. to 3 p. m., allowing one-half hour for lunch; night shift, 3 p. m. to 11.30 p. m., allowing one-half hour for lunch. a Overtime.—That all time worked in excess of the above schedule of hours, in any one aay or night, shall be paid for at the rate of time and one-half, except Sundays and holidays, for which double time shall be paid. Collective bargaining. —The right of workers to organize into trade-unions and to bargain collectively through their chosen representative is recognized and affirmed. The workers shall have free choice in the selection of committees to represent them, and the company shall meet with committees of their own employees for the purpose of adjusting any grievances that may arise. Discrimination.—There shall be no discrimination by the employers against em- ployees for membership in the union, or for legitimate trade-union activities. Wages.—An increase of 5 cents per hour shall be paid to all employees affected by this controversy over the hourly rates prone at the time of the submission of this case to this board, but in no case shall any male employee over 21 years of age and with six months’ experience in the plant receive less than 42 cents per hour, except apprentices or superannuates. uration of award.—This award shall be effective for the duration of the war, except that either party may reopen the case before the National War Labor Board at periods of six months’ interval, but in no event before August 1, 1919, for such adjust- ment as changed conditions may render necessary. Administrator —Upon application by the parties, the secretary of this board may designate an administrator to interpret or apply such terms of this award as the com- pany and committees may be unable to themselves adjust. Should a controversy arise in respect to the interpretation of the award an appeal may be made to the board, pending the adjudication of which appeal the decision of the administrator shall be enforced, except where the payment of wages is directly or indirectly involved. Retroactive.-—This award shall be retroactive as of March 31, 1919. The company is granted until May 15, 1919, to make the back payments of wages provided for and due under this award. Frep Hewirr, GRANVILLE E. Foss, Section. Finding in re Hubert Mull et al v. Tennessee Copper Co. 1028. April 10, 1919. Organization —The principles upon which this board is founded recognize the right to-employees to organize aaa bargain collectively, and there shall be no discrimination or coercion directed against proper activities of thiskind. Employeesin the exercise of their right to organize also shall not use coercive measures of any kind to compel persons to join their unions, nor to induce employers to bargain or deal with their unions. As the right of the workers to bargain collectively through their chosen representa- tives is recognized by this board, the company shall recognize and deal with such com- mittees after they have been elected by the employees. | . Hours.—The 8-hour day, having been established by this company, should continue, with time and one-half for overtime for all work in excess of 8 hours and double time for Sunday, except in continuous operation where the employees have one day off in seven. : Wages.—The question of wages should be taken up for adjustment in conference between the committees above provided and the management, with a view of working out an arrangement whereby minimum rates can be established and a system adopted for readjustment in accordance with the market prices of the product. We further recommend that the proposed reduction of wages as of April 1 be abandoned. 332 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. Joint safety committee—From the evidence submitted, it appears there is great neces- sity for improvement in the sanitary and safety conditions existing, and we recommen the establishment of a permanent joint safety committee to consider these conditions. General.—In the matter of pay days, it appears these are fixed by State law and no change is recommended by this board. ; : In the matter of furnishing rubber boots, the company consents to do this where necessary, and no further recommendation of this board seems necessary. C. E. MicHaen, Apam WILKINSON, | Section. Findings and Award in re Employees Members of Division 689, Amalga- mated Association of Street & Electric Railway Employees of America, v. Washington Railway & Electric Co., Washington, D. C. 1049. March 25, 1919. The undersigned were selected as a section of the National War Labor Board to hear this controversy and do hereby report to the board the following findings and award: The case came up by joint submission, following the resolution of the board of di- rectors of the company agreeing to submit to the War Labor Board all matters in dis- _ ute with its motormen and conductors, and this action by the company was concurred in by the employees, members of Division 689. : ; The employees submitted 22 different matters as issues which they wished the board to determine, a copy of these 22 matters being served upon the company, to which the company made response. The answer of the company to some of these points was taken as satisfactory by the employees, and during the progres of the hearing the com- any and the complainants reached an agreement on still further points. Weare asked by the employees to embody in our award the agreement thus reached by the company and the men, and we accordingly do include in this award the following findings as being points on which the company and the men have reached an agreement: 1. Eraperiy accredited officers of the company shall meet and treat with properly accredited committees representing the employees on all questions and grievances that may arise. [The company expressed its complete willingness so to meet with the committees of the employees representing the complainants. , 2. There shall be no discrimination shown by the company against any employee because of his membership in any labor organization. [The company stated that it showed no discrimination against any employee because of union affiliations and the complainants made out no charge against the company in this respect. } . 3. Any motorman or conductor elected to or appointed to any committee for the pur- pose of treating with the company, so that his absence from the service of the company is required, shall be printed leave of absence upon request to attend to the duties of said office, and upon the expiration of his tenure of office shall be returned to his proper place in the service, maintaining his full seniority rights from the date of his originally entering into the service of the company, provided that in cases of unusual traffic de- mands leave shall not be requested or granted to more than three men at a time. 4. If when an employee is suspended or discharged it is found, either through agree- ment by the company and the committee or by arbitration, that he was suspended or discharged without sufficient cause, he shall be reinstated in his former position and paid for the time lost at his regular rate during such suspension or discharge; butifin the case of such discharge it is found that a suspension would have been proper, the time for a reasonable suspension shall be deducted from the payment for such Tost ime. 5. All schedules are to be made with the aim of furnishing the best possible work- ing conditions for the employees, consistent with economical operation and compli- ance with traffic demands. As many runs as possible are to be straight, and the outside time of runs reduced as much as possible. It is agreed that all schedules as above specified shall be posted for selection of runs at least five days before going into effect, so as to give all men an opportunity to select their runs. Motormen and conductors shall select their runs in accordance with their seniority in the service of the company. The longest in continuous service are to have the first choice of runs, and so on down the list until all runs are filled. 6. No regular assigned run shall pay less than 8 hours’ time.. No trip or movement of any car shall pay less than 50 cents. 7. The company shall pay straight time for all swings of one hour or less than one hour, and all layovers at other than home barns shall pay straight time. 8. If a motorman or conductor has reported for and begun his regular run he shall be paid full time for that run, even if it is not completed, unless the failure to com- WASHINGTON RAILWAY & ELECTRIC CO. 333 plete the run be through his own fault. No regular man shall be ordered or called upon to perform extra duty at any time when an extra man is available. 4 9. Motormen and conductors holding runs that do not appear on Sunday or holiday schedules shall not be required to report on Sunday or holidays, except on occasions of excursions, pleasure and park travel, baseball games, inaugurations, conventions, and like occasions; and when such crews are required to report they shall be ‘paid from the time they report until the time they are relieved at their regular rate of wages. 10. All extra men shall be paid half time from the time they report until put to work or relieved, provided no report shall pay less than one hour. 11. Wages of motormen and conductors sai be as follows: For the first 3 months of service, 43 cents per hour. For the next 9 months of service, 46 cents per hour. Thereafter, 48 cents per hour. : 12. Motormen and conductors shall have the privilege of placing in each car barn a bulletin board, and shall have the right to post notices on the same with proper limita- tion as a guard against abuse or misuse. Collectors representing employees shall be allowed to collect payments on the company’s premises, except upon the cars of the company or from employees while on active duty. 13. Conductors and motormen shall be paid full time lost by them when they are required to go to the general office to make statements, to attend court or inquest, or to hunt up additional evidence in connection with accidents for which they are shown to be in no way responsible. 14. Under the existing rules of the company motormen assigned to snow-sweeper duty are paid 60 cents per hour while actually employed and full time while waiting, and conductors are paid 55 cents per hour while actually employed and full time while waiting, and both are furnished with meals when necessary. This rate of compensation is believed to be fair and no change shall be made therein. On the following points the company and the men were not able to reach an agree- ment, and the issue on each of them was presented to this board for its determination, and on these points the board makes the following findings and award: 15. Individual contracts —The practice of the company in times past to take re- strictive personal contracts such as were introduced in evidence, if continued, would be contrary to the principles of the National War Labor Board. However, the counsel for the company states that this Practice has been abandoned, except that such con- tracts are tendered to new employees. This practice likewise should be discon- tinued, as it is not consistent with the principles of the board. 16. Requesis not granted.—With regard to the requests for (a) additional pay for operating hand-brake cars, (b) time and one-half for intervening time, (c) 20 minutes for meal relief, (d) 10 minutes for turning in car and receipts, and (e) free passes, these requests are not granted, and no change is required in the present practice in regard to these specific matters. 17. Time between regular runs.—Where the rest period between the time of ter- minating a day’s work for any man who has a regular run and the time for reporting for another day’s work is less than 10 hours, an addition of pay shall be allowed for the period of time below 10 hours, as follows: For the first hour below 10 hours, 15 minutes. For the second hour, 30 minutes. For the third hour, 45 minutes. For the fourth and each succeeding hour, 1 hour. ; These allowances are to be applied to successive periods of one hour each. Less than one-half of such periods is to be neglected and more than one-half of each period to count as allowed time for the full allowed period. 18. Interpretation of award.—For the pee of securing a proper interpretation of this award the secretary of the National War Labor Board shall appoint an examiner, who shall hear any differences arising in respect to the award between the parties and promptly render his decision, from which an appeal may be taken by either party to the board. Pending a final adjudication upon the appeal the decision of the examiner shall be binding, except as provided in the rules of the board. 19. Date effective —The award is to take effect as of this date and shall continue until the end of the war as announced by Executive proclamation, except that either party may reopen the case before the board at periods of six months’ interval, be- ginning October 1, 1919, for such adjustments as changed conditions may render necessary. Ty Wa. H. Tarr, Basiu M. Manty, Joint Chairmen and Section. 334 CHAP. V.—AWARDS OF NATIONAL WAR LABOR BOARD. Award in re Employees v. Louisville Gas & Electric Co., Louisville, Ky. 1050. April 11, 1919. This is a joint submission made by certain employees of this company involving the question of whether these employees shall be allowed time for going back and forth to the job, which consists of the construction of a transmission line from Louisville, Ky., to Camp Knox, a distance of 30 miles. d We have considered the evidence introduced at the hearing and we make our findings and awards as follows: : Award,—The company shall pay to these employees actual time in going from their homes to the job where they are employed and actual time returning from the job to their homes. ‘ Effective date—This award shall be retroactive as of January 15, 1919, and shall continue for the duration of the war until peace is announced by Executive procla- mation. The award, however, may be reopened at six months’ intervals, beginning October 1, 1919, by request of either side, for any readjustments made necessary by changed conditions. Interpretation.—The secretary of the War Labor Board shall appoint an examiner, who shall interpret any question arising under this award or any differences relating thereto between the parties. Either side may appeal from this interpretation to the board. Pending such appeal the interpretation shall be in effect and binding, except so far as our rules may otherwise provide. Basit M. Manty, Joint Chairman. F. N. Jupson, Vice Chairman. Award in re Silk Manufacturers’ Conference Committee (Representing Silk Manufacturers as per Section 3 of Award).v. United Textile Workers of America. 1123. April 10, 1919. This case comes before the National War Labor Board asa joint submission. Under the terms of the submission the only point presented to the board for determination is the length of the working week. Hearing before examiners was held in Washington, D. C., on March 19, 1919, and oral argument was heard by the full board on April 8, 1919. The case was referred to a section composed of Messrs. Foss and Manning for ‘ preliminary consideration. The section being unable to agree, the case came before the full board in executive meeting on April9. After discussion, Joint Chairman Taft offered a resolution that the work week be fixed at 48 hours. Mr. Taft’s resolution was adopted. AWARD. 1. The work week shall consist of 48 hours. 2. This award is to take effect as of the date of the award and shall continue for the duration of the war, except that either party may reopen the case at intervals of six months for such adjustment as changed conditions may render necessary. 3. This decision applies to and is binding only on the signatories to the joint sub- mission, and the following is the list of silk manufacturers submitted to the board by counsel for the Silk Manufacturers’ Conference Committee as the signatories to the joint submission.!® 4, For the purpose of securing the proper interpretation of this award the secretary of the National War Labor Board shall appoint an examiner, who shall hear any differences arising between the parties in respect to the award and promptly render a decision, from which an appeal may be taken by either party to the section making this award. Basit M. Manty, Freperick N. Jupson, Joint Chairmen. 16 This list containing names of 534 silk manufacturers located in Paterson, N. J., and 24 located elsewhere has been omitted here. 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