AGREEMENT f and Between the Illinois Operators Association, the al Operators Association of Fifth and Ninth Districts of nois, and the Central Illinois inmiffl 1 il Operators Association, and a Mat ; United Mine Workers of erica, District Number 12. piring March 31,1916 4^ \i> AGREEMENT EXPIRING MARCH 31, 1916 The prices for pick mined coal, per ton of 2,000 pounds, throughout the State of Illi- nd* shall be as follows. First District. Streator, Cardiff, Clarke City, Fairbury and associated mines, including To¬ luca thick vein .$0.70 (Note.—The matter of the clay part¬ ing at Streator to be referred to sub district convention for adjustment.) Third Vein and associated mines, in¬ cluding third vein at Streator, in¬ cluding twenty-four inches of brush¬ ing ..90 Wilmington and associated mines, in¬ cluding Cardiff long wall and Bloom¬ ington thin vein, including brushing .95 (Note.—In Bloomington where a miner takes a new branch and there is an open space of two .feet cleaned up along the face it shall be con¬ sidered in good working condition. When soapstone is loaded in accord¬ ance with specifications provided in Bloomington local agreement and weighs either under or over 4,000 pounds, it shall be paid for at its actual weight on a pro rata basis of C.8.6 for 4,000 pounds.) Cherry, Bureau County, Middle Vein, (Saint Paul Coal Company).70 Bloomington thick vein.85 3 4 Pontiac, including twenty-four inches of brushing .$ .95 Pontiac top vein .70 (Note.—The question of price for entry driving other than seven-foot entry and the rate for clay slips and * horsebacks at Pontiac to be referred to a commission of two from each side.) Marseilles . $1V21 Morris, long wall, Wilmington condi¬ tions . 1.12 Morris, room and pillar . 1.27 Seneca, long wall (See local agree¬ ment) . 1.05 (Note.—It is agreed there shall be in the record the old stipulation, the right to take up for investigation and adjustment the rate at Seneca on a showing that conditions have changed.) Cornell, long wall, third vein con¬ ditions .90 Cornell, room and pillar.78 Second District. Danville, Westville, Grape Creek and associated mines in Vermillion County .$ .61 Third District. Springfield, Dawson and associated mines ....61 7-10 Lincoln and Niantic . .65 Colfax . 65 5 Fourth District. Mines on the C. & A., south of Spring- field, to and including Carlinville; in¬ cluding Taylorville, Pana, Tower Hill, Litchfield, Hillsboro, Witt Jt (Paisley), Divernon, Pawnee, Noko- mis and Kincaid ..$ .61 Assumption, long wall, including twen¬ ty-four inches of brushing.87 «Moweaqua, room and pillar. .65- Decatur, long wall, present conditions .70 Decatur, room and pillar.70 Fifth District. Glen Carbon, Belleville and associated mines, to and including Percy, Pinck- neyville, Willisville and Nashville.. .$ .61- Coal five feet and under.60 Sixth District. DuQuoin, Odin, Sandoval, Centralia and associated mines .$ .57 Salem and Kinmundy.62* Seventh District. Mt. Vernon ..6£ Jackson Countv . 57 (All coal five feet and under, five ( cents extra per ton; this not to ap¬ ply to lower bench nor rolls or horsebacks.) Lower bench, Jackson County, for shipping mines, miners to carry four¬ teen inches of brushing.70» 6 Saline, White and Gallatin County....$ .57 Williamson and Franklin County.57 Eighth District. Fulton and Peoria Counties, thin or lower coal (third vein conditions).. $ .9d Fulton and Peoria Counties, No. 5 vein .68 Astoria, No. 5 vein (Fulton and Peoria Counties Conditions) .68 Fulton and Peoria Counties, No. 6 vein (with Kewanee and Etherly condi¬ tions, undercutting and wedging the coal; and if they cannot obtain mem¬ bers of the U. M. W. of A. to mine the coal under these terms and con¬ ditions, it shall be the privilege of the operators to call for a meeting of the Joint Executive Boards of the miners and operators, and said Joint Executive Boards shall fix a rate for shooting coal in that seam).77 Gilchrist, Wanlock, Cable, Sherrard and Silvis mines and Ellisville, 72 cents oer ton with last year's con¬ ditions, except as herein provided. In case of deficient work, where miner and mine manager cannot agree as to compensation, the mine committee shall be called in, and, if they cannot agree the dispute shall be carried up under the Thirteenth Clause of the present scale.) f Kewanee, Etherly and Wyoming. 7i Pekin, shipping mines only.68 Ninth District. Mount Olive, Staunton, Gillespie, Benld, Sorento, Coffeen and Worden. 7 and mines on the Vandalia line as far east as and including Smithboro, and on the B. & O. S. W. as far east as Beckemeyer .$ .61 Coal five feet and under .. .66 Contract Based on Existing Mining Laws. First. This contract is based upon exist¬ ing mining laws and neither party to the <§ame shall initiate or encourage the passage of laws pertaining solely to the mining in¬ dustry that would in any manner affect the obligation of this contract or abrogate any of the provisions unless such proposed laws be mutually agreed to by the parties here¬ to, or be recommended by the Mining In¬ vestigation Commission appointed under the laws of the State of Illinois, the parties hereto agreeing to unite in securing the con¬ tinuance of such commission during the life of this agreement. The foregoing does not apply to proposed legislation relating to the industries of the state in general. Employes Exempted From Jurisdiction of the U. M. W. of A. Second. No scale of wages shall be made by the United Mine Workers for mine man¬ ager, mine manager’s assistant or assistants, not to exceed three (3) in Class A mines, top foreman, company weighman, boss drivers, night boss, head machinist, head (boiler maker, head carpenter, head electri¬ cian and night watchman. The authority of the operator to hire and discharge may be delegated to the mine manager, top fore- Man, boss driver and night boss. The term “assistant” shall only apply to such as are authorized to act in that capacity. 8 In mines of large capacity or large area, or where gas is generated in dangerous quantities, or other dangerous conditions Adjustment of Disputes and Grievances. Thirteenth, (a) The duties of the pit committee shall be confined to the adjust¬ ment of disputes between the pit boss and ‘any of the members of the United Mine Workers of America working in and around the mine, for whom a scale is made, arising out of this agreement, or any sub-district agreement made in connection herewith, where the pit boss and said miner, or mine laborer, have failed to agree. (b) In case of any local trouble arising at any shaft through such failure to agree between the pit boss and any miner or mine laborer, the pit committee and the miners’ local president and the pit boss are em¬ powered to adjust it; and in case of their disagreement, it shall be referred to the superintendent of the company and the miners’ president of the sub-district; and, should they fail to adjust it, it shall be re¬ ferred in writing to the officers of the asso¬ ciation and commission concerned, and the state officials of the U. M. W. of A. for ad¬ justment. In case any such issue shall be referred to said officers of the association £ind commission and state officials, each side v to the controversy shall present to them, in writing, the question involved, and sep¬ arately the alleged essential facts in the case, together with the names of witnesses So substantiate the same. In case so re¬ ferred, it shall be taken up by the repre- 26 sentatives of the said officers of the associa¬ tion and commission and the said state of¬ ficers jointly, who shall thereupon give a hearing to the local representatives of the respective parties to the dispute, and to such witnesses mentioned, as the representa¬ tives of either side may produce. After” hearing the testimony and arguments, said representatives shall retire and consider the case, and shall within a reasonable time render their decision in writing, if one is reached. Should no agreement be thus" reached, said representatives shall endeavor to agree in writing as to the essential facts governing the case, and if they cannot, shall state in writing such facts as are agreed upon, together with such questions of facts as are in dispute, and in addition, the respec¬ tive reasons for failing to reach a decision. Neither party to a controversy shall have the right to appeal from any joint decision reached in accordance herewith, but such decision may be set aside by joint action of the two executive boards, and either ex¬ ecutive board may require a reviewal of the decision by the joint executive boards, and if not set aside when so reviewed, either executive board may protest it as a prece¬ dent. Decisions reached in accordance here¬ with shall govern like cases during the life of the contract, or future contracts, with like provisions, unless otherwise stipulated in writing in the decision, or, except as pro-: tested as herein provided. In case no de¬ cision of a case is reached, as last above provided, the dispute shall be either referred in writing to the joint executive boards for adjustment or be submitted to arbitration. In the event that the joint executive boards 27 shall disagree, the dispute shall be submit¬ ted to arbitration, provided, however, that, in matters that vitally affect the interests of either organization, or vitally affect the in¬ terpretation of the contract, the dispute shall be submitted to arbitration only at the 'discretion of the joint executive board. For the purpose of providing full and adequate machinery for the arbitration of disputes as above, a commission shall be -created consisting of three representatives of the Illinois Coal Operators Association, two representatives of the Fifth and Ninth Districts Coal Operators Association, one "representative of the Central Illinois Coal Operators Association and six representa¬ tives of the United Mine Workers of America, to be appointed by the respective executive boards, whose duty it shall be to complete its work and put it into effect on or before June 15, 1914. The respective or¬ ganizations pledge themselves in good faith to endeavor to finally and promptly dispose of every dispute arising hereunder. Inde¬ pendent action may be resorted to only in matters outside of the contract relations; or when the other party to the dispute refuses to submit it to arbitration. The intent of the foregoing is to obviate the necessity of independent action by either party and to avoid the delay in dis¬ posing of disputes existing in the past. No decision reached hereunder by the Authorized representatives of the two or¬ ganizations shall be reviewed, modified, or set aside, except as provided herein. The officers of the respective organizations may, (rom time to time, jointly prescribe the forms and procedure for the trial of cases under the foregoing provision, the same not 28 to be inconsistent herewith. In all cases of dispute the miners and mine laborers and all parties involved, shall continue at work, pending a trial and adjustment, until a final decision is reached under the provisions herein set forth. When Day Men Are to be Furnished by Pit Committee. (c) . If any day men refuse to continue at work because of a grievance which has' cr has not been taken up for adjustment in the manner provided herein, and such ac¬ tion shall seem likely to impede the opera¬ tion of the mine, the pit committee shall im¬ mediately furnish a man or men to-take such vacant place or places, at the scale rate, in order that the mine may continue at work, and it shall be the duty of any member, or members of the United Mine Workers, who may be called upon, by the pit boss or pit committee, to immediately take the place or places assigned to him or them in pursuance hereof. Duties and Limitations of Pit Committee. (d) The pit committee, in the discharge of its duties, shall under no circumstances go around the mine for any cause whatever, unless called upon by the pit boss or by a miner or company man who may have a grievance that he cannot settle with the boss; and, as its duties are confined to th( adjustment of any such grievances, it is understood that its members shall not draw any compensation except while actively en¬ gaged in the discharge of said duties. Any pit committeeman who shall attempt to execute any local rule or proceeding in 29 conflict with any provisions of this con¬ tract, or any other made in pursuance here¬ of, or who shall fail to advise against any shut down of the mine in violation of the contract, shall be forthwith deposed as committeeman. The same rule and penalty ►shall apply to the local president when act¬ ing alone, or when called into any case. The foregoing shall not be construed to prohibit the pit committee from looking after the matter of membership dues and initiations "in any proper manner. (e) Every pit committeeman must be an actual employe at the mine where he serves. Members of the pit committee em- nloyed as day men shall not leave their places of duty during working hours, except by permission of the operator, or in cases involving the stoppage of the mine. Right to Hire and Discharge. (f) The right to hire and discharge, the management of the mine and the direction of the working force are vested exclusively in the operator and the U. M. W. of A. shall not abridge this right. It is not the inten¬ tion of this provision to encourage the dis¬ charge of employes or the refusal of em¬ ployment to applicants because of personal prejudice or activity in matters affecting the U. M. W. of A. If any employe shall be suspended or discharged by the com¬ pany, and it is claimed that an injustice has tbeen done him, an investigation to be con¬ ducted by the parties and in the manner set forth in paragraphs (a) and (b) of this sec¬ tion shall be taken up promptly, and if it is proven that an injustice has been done, the ‘operator shall reinstate said employe, and when so reinstated such employe shall re-' 30 ceive as compensation during the period of his suspension or discharge not to exceed $ 2.84 per day for the time the mine ope¬ rated. In such cases where he was em¬ ployed as a day laborer, if as such day laborer his regular scale wage was less than $ 2.84 per day, he shall be compensated at the scale rate provided for in this agree¬ ment for his regular employment. Pro¬ vided, however, that should the adjudication of the case be delayed by any act of the^ miners or their officials then the company shall not be responsible for more than ten days’ compensation. Provided, further, that the employer shall have the option of per¬ mitting the accused to continue at work, or in case of discharge or suspension put him back to work, pending the investiga¬ tion as provided for in paragraphs (a) and (b) of this section. And it is further agreed that the taking up and investigation of dis¬ charge cases shall take precedence over all other cases except shut-downs. (g) It is understood and agreed that there shall be no more than three members on the pit committee at any one mine, ex¬ cept that where the operator gives the night boss the right to hire and discharge the miners may select an additional committee¬ man to represent them on the night shift. The regular term of the pit committee shall be one year, unless deposed in accordance with this agreement. Lost Coal on Roadways. Fourteenth. The company weighman and miners’ checkweighman shall keep a record of all allowances made to miners on ac¬ count of broken cars and also a record of all coal loaded by the company on the mine 31 haulage roads. From this coal shall first be deducted such an amount as has been allowed to the miners on account of broken cars, and the remainder divided equally be¬ tween the company and the miners , check- weigh fund. Settlement to be made *monthly. Fatal Accidents and Funerals. Fifteenth, (a) In the event of an in¬ stantaneous death by accident in the mine the miners and underground employes shall have the privilege of discontinuing work for the remainder of the day; but work, at the option of the operator, shall be resumed the day following and continue thereafter. In case the operator elects to operate the mine on the day of the funeral of the de¬ ceased, as above, or where death has re¬ sulted from an accident in the mine, the in¬ dividual miners and underground employes may, at their option, absent themselves from work for the purpose of attending such funeral, but not otherwise. And whether attending such funeral or not, each member of the U. M. W. of A. employed at the mine at which the deceased was em¬ ployed, shall contribute fifty cents and the operator twenty-five dollars for the benefit of the family of the deceased, or his legal representatives, to be collected through the office of the company. In the event that the mines are thrown idle on account of the piners’ or other employes’ failure to report .or work in the time intervening between the time of the accident and the funeral or on the day of the funeral, then the company shall not be called upon for the payment of She twenty-five dollars above referred to. In case the mine is so thrown idle on §aid 32 intervening day, employes absenting them¬ selves from work shall be dealt with the same as when a mine is thrown idle with¬ out the consent of the operator, other than in order to enforce a demand in violation of the contract. Except in case of fatal ac¬ cidents as above, the mine shall in no case be thrown idle because of any death or funeral, but in case of a death of any em¬ ploye of the company or member of his family any individual miner may at his op¬ tion absent himself from work for the pur* pose of attending such funeral, but not otherwise. (b) Any employe absenting himself from work ostensibly to attend the funeral of an employe, member of his family, or some one else, who does not attend such funeral, shall be fined $ 2 . 50 . When any mine is thrown idle for any funeral, pursuant to action of the miners’ local organization or officers, or because of a tacit understanding to that effect, each employe idle because thereof shall be fined $ 2 . 50 . The proceeds of said $ 2.50 fines shall go either to the family of the deceased or to the district or¬ ganization as may be jointly agreed upon locally. Responsibility for Timbering and Deadwork. Sixteenth, (a) The scale of orices herein provided shall include, in ordinary condi¬ tions, the work required to load coal and properly timber the working places in th,e mine, and the operator shall be required tk> furnish the necessary timber in rooms or working faces of suitable lengths in accord¬ ance with the state mining laws. And in long wall mines, it shall include the proper mining of the coal and the brushing and 33 care of the working olaces and roadway ac¬ cording to the present method and rules re¬ lating thereto, which shall continue un¬ changed. (b) If any miner shall fail to properly timber, shoot and care for his working place, and such failure has entailed falls of slate, rock and the like, the miner whose fault has occasioned such damage, shall re¬ pair the same without compensation, and if such miner fails to repair such damage he may be discharged. Any dispute that may arise as to the re¬ sponsibility. under this clause, shall be ad¬ justed by the pit committee and mine fore¬ man, and in case of their failure to agree, shall be taken up for settlement under the Thirteenth section of this agreement. In cases where the mine manager directs the placing of cross-bars to permanently secure the roadway, then, and in such cases, only, the miner shall be paid at the current price for each cross-bar when properly set. The above does not contemplate any change from the ordinary method of tim¬ bering by the miner for his own safety. Check-Off. Seventeenth. The operators will recog¬ nize the pit committee in the discharge of its duties as herein specified, but not other¬ wise, bnd agree to check off union dues and assessments required by the miners for lawful purposes, subscriptions for the U. M. W. of A. Journal, Harrisburg Chronicle and fines from the miners and mine labor¬ ers, when desired, on proper individual or collective continuous order. It is under¬ stood that after the pit expenses for powder, 34 smithing and a proper proportion of mine tools, the operator will give preference to the ordinary dues and assessments; and also not to exceed $5 in any one pay for fines and initiation fee, unless by special agreement with the operator concerned. The operator will furnish to the miners and . local representative a statement showing separately the total amount of dues, assess¬ ments and fines collected and furnish to the miners’ local representative a statement showing in detail those whose dues and - assessments have not been collected, and the means of ascertaining that the total amount collected is correct. When such collections are made, card day shall be abolished. In case any fine is imposed, the propriety of which is questioned, the amount of such fine shall be withheld by the operator until the question has been taken up for adjustment and a decision has been reached. Emergency Work and Ordinary Repairs. Eighteenth. The operators shall have the right in cases of emergency work or ordinary repairs to the plant to employ in connection therewith such men as, in their judgment, are best acquainted with and suited to the work to be performed, except where men are permanently employed for such work. Blacksmiths and other skilled labor shall make any necessary repairs to machinery and boilers. , Construction and Extensive Repairs. Nineteenth. The erection of head frames, buildings, scale machinery, railroad switch- , es, etc., necessary for the completion of a 35 plant to hoist coal, all being in the nature of construction work, are to be excluded from the jurisdiction of the United Mine Workers of America. Extensive repairs to or rebuilding the same class of work, shall also be included in the same exception. The employes thereon to be excluded, as above, when employed on such work only. Penalties. Twentieth, (a) When any employe ab¬ sents himself from his work for a period of two days without the consent of the com¬ pany, other than because of proven sick¬ ness, he may be discharged. (b) Any employe or employes guilty of throwing a mine idle or of materially re¬ ducing the output of a mine, bv failure to continue at work in accordance with the provisions of this agreement, for the pur¬ pose of enforcing some demand in violation of this agreement, or to force a decision in some case in dispute bv methods other than as provided for herein, shall be fined Five Dollars each. For the same offense, other than to enforce such demand or such de¬ cision, he or they shall be fined One Dollar each for each day so idle. (c) Any operator who shall lock out all or any material part of his employes in order to enforce some condition in viola¬ tion of this agreement shall be fined $100.00. (d) All fines collected as above shall be paid, one-half to the State Treasurer of the U. M. W. of A., and one-half to the Secre¬ tary-Treasurer of the Coal Operators Asso¬ ciation concerned, and under no circum¬ stances shall any fines so collected be re¬ funded except when mutually agreed to by the two organizations. 36 Machine Differential. Twenty-first, (a) Except at Danville, where the differential shall be ten cents per ton, the differential for machine mining throughout the State of Illinois shall be seven cents per ton less than the pick min¬ ing rate. It being understood and agreed that the machine mining rate shall include the snubbing of coal either by powder or wedge and sledge, as conditions may war¬ rant, where chain machine is used; but it is understood that this condition shall not apply where two men have, and work in one place only in the same shift, except at the option of the miner; and it shall also be optional with the miner which system of snubbing shall be followed. The division of the machine mining rate, as well as the division on shearing and air or electric drill rates shall be fixed in joint local or joint sub-district meetings. Shearing Machine and Air or Electric Drills. (b) The established rates on shearing ma¬ chines and air or electric drills, as now ex¬ isting locally^ shall remain unchanged for the ensuing term of this contract, and in other mines the matter of a scale for shooting off the solid with air or electric drills be taken up if desired by any operator with¬ out any prejudice or influence from what has been done or said heretofore. Rules for Use of Cage by Employes. Twenty-second. Any underground em¬ ploye not on hand so as to go down to his work, before the hour of commencing work, shall not be entitled to go below except at 37 the convenience of the company. When any employe is sick or injured he shall be given a cage at once. When a cage load of men comes to the bottom of the shaft, who have been prevented from working by reason of falls or other things over which they have no control, they shall be given a cage at once. For the accommodation of individual employes less than a age-load who have been prevented from jrking as above, a cage shall be run mid-forenoon, noon and mid-afternoon of each working day; provided, however, that the foregoing shall not be permitted to enable men to leave their work for other than the reasons stated above. Shaft Sinking. Twenty-third. The scale for sinkers shall be $ 3,378 and for shift leaders $ 3,747 per day. The scale for top men handling concrete or dirt at sinking mines shall be the same as that of dumpers or top men in the sub¬ district in which the mine is being sunk. The word “sinker” shall mean a man who drills, fires, digs or loads the refuse, puts in guides and retaining walls in new shafts until the doorheads are in, when the sink¬ ing in question shall be considered finished. By that is meant the completely finished shaft to the bottom of the sump. Repairing or retimbering shafts shall not be construed as sinking unless more than two sets of timbers are needed for such re¬ pairs within any fifteen ( 15 ) days. Replac¬ ing guides or buntons shall not come under sinkers’ wages. 38 Definition of Eight-Hour Day for Day Labor. Twenty-fourth, (a) All classes of day la¬ bor are to work full eight hours and going to and coming from the respective working places is to be done on their own time. All company 1 men shall perform whatever day labor the foreman may direct. An eight-hour day means •eight hours’ work at the usual working places, exclusive of noon-time, for all classes of day labor. This shall be exclusive of the time re¬ quired in reaching such working places in the morning and departing from same at night. Drivers—Rules to Govern. (b) Drivers shall take their mules to and from the stables, and the time required in so doing shall not include any part of the day’s labor; their time beginning when they reach the change at which they receive empty cars— that is, the parting drivers at the shaft bottom and the inside drivers at the parting—and end¬ ing at the same places; but in no case shall a driver’s time be docked while he is waiting for such cars at the points named. The inside drivers at their option, may either walk to and from their parting or take with them, without compensation* either loaded or empty cars, to enable them to ride. This provision, however, shall not prevent the inside drivers from bring¬ ing to and taking from the bottom regular trips, if so directed by the operator, provided such work is done within the eight hours. , Harnessing and Unharnessing Mules. (c) The methods at present existing cover¬ ing the harnessing and unharnessing, feeding and caring for the mules, shall be continued throughout the life of this agreement. 39 Yardage and Deadwork. Twenty-fifth. All yardage and deadwork on which a scale has been established shall con¬ tinue unless changed by mutual agreement. Operators to Keep Places as Dry as Practicable. Twenty-sixth, (a) The company shall keep the mine in as dry condition as practicable by keeping the water off the road and out of the working places. When a miner has to leave his working place on account of water the company shall employ said miner when prac¬ ticable to move the water or do company work, provided said miner is competent to do such work, or he will be given another working place equal to the average place of the mine, until such water is taken out of his place. (b) All permanent metal track shall be laid by the company, and when a miner has to leave his working place on account of such track not being laid through the neglect of the company, it shall employ said miner doing company work when practicable* provided said miner-is competent to do such work, or he shall be given another place equal to the average of the mine until such time as such track is laid in his place. Short or skid rails shall be furnished if needed. Ambulances, Bandages, Etc. Twenty-seventh. The operators shall keep sufficient blankets, oil, bandages, etc., and pro¬ vide suitable ambulance or conveyance readily available at each mine to properly convey in¬ jured persons to their homes after an accident. Equal Turn. Twenty-eighth. The operators shall see that an equal turn is offered each miner, and he shall 40 be given a fair chance to obtain the same. The company shall furnish a turn board or sheet where demanded—except at mines where there is an unlimited turn—so ruled that there will be a numbered horizontal line or space for each driver employed in the mine who has been authorized by the management to have charge of the turn in the run or territory from which he pulls coal. With perpendicular lines at right angles with the above, forming spaces at the top in which shall be marked the days of the month, and it shall be the duty of the above mentioned driver to mark in his designated line or space under proper date, the number of full turns of cars that have been pulled from his territory or run each day he works. There shall be a vertical space ruled or lined on the right hand side of the board for the purpose of totaling the accounts each day, and it shall be the duty of the turnkeeper to see that each driver’s account is totaled each day for the preceding day, before the time of mark¬ ing turns by the drivers* and at the end of each pay he shall deduct the amount of the lowest turn on the board from the different totaled turns, and shall carry forward to the next pay all balances, thereby keeping a continuous turn. It shall be the duty of each driver to keep ac¬ count of the individual turn and keep same equal in his own run or territory. Any miner will be considered as having loaded the highest turn of cars offered in the run in which he works each day, whether he is present at work or not, unless he is hindered from doing the same through some fault of the company, and then it shall be the duty of the driver in charge of that run to make up such cars or turn provided the miner is able to load same unless otherwise provided for by con¬ tract. 41 Should any run at any time become more than an average one day’s turn either ahead or behind the average turn of the different runs it shall be the duty of the management to so regulate the driving that such runs shall either vbe made up or held back, as the case may de¬ mand, and should the management fail within ten days to remedy such condition after the same occurs then the men in the run or ter¬ ritory having the highest turn shall be sus- * pended from loading coal until the same is remedied. Any driver having pulled all the coal loaded by the miners in his run during any shift shall mark an “X” in addition to this turn in his alloted space on the turn board, signifying a clean-up, and the turn keeper shall in totaling, count same equal to the highest turn of any run pulled that day. In addition to the above the turn keeper shall copy the total turns each day in a book kept for that purpose* for refer¬ ence in case of dispute, or preserve original sheet. The above is not intended to change any plan mutually agreeable to operators and miners that may have been adopted by them at any mine to regulate the turn, but in no way shall the miners or mine workers restrict the number of cars loaded by the miner or the amount of coal to be placed on any car. The drivers shall be subject to whomever the mine manager shall designate as turn keeper * in pursuance hereof. In mines where there is both hand and machine mining an equal turn shall mean ap¬ proximately the same turn to each man in the * machine part of the mine, and approximately the same turn to each man doing hand work, but not necessarily the same to each hand 42 •miner as to each man working with the machines. Holidays. Twenty-ninth. Work may be suspended on Virden day at mines at places where any of the dead are interred, if memorial services are to be held, provided that picnips or other pleasure festivities are not proposed, but not elsewhere or otherwise. New Years, April 1st, July 4th, Labor Day, Thanksgiving and Christmas shall be the only holidays under this agreement On one annual miners’ election day* National, State and Sub-District, the mines may be closed at 12 o’clock noon; provided, that mines em¬ ploying more than 200 men may take a full day by the local officers giving the operators ten days’ notice of their intention so to do. Engineers to Continue Work in Event of Suspension. Thirtieth. In case of either local or general suspension of mining, either at the expiration of the contract or otherwise, the engineers shall not suspend work, but shall, when mining is suspended, fully protect all of the company’s property under their care, and operate fans and pumps, and lower or hoist such men or supplies as may be required to protect the com¬ pany’s property, and all coal required to keep up steam at the company’s coal plants; but it is understood and agreed that the operators will not ask them to hoist any coal produced by non-union labor for sale on the market. Should the interests of the engineers be directly involved in any issue at the expiration of this contract and any engineers cease from 'work, the United Mine Workers of America "will provide competent men to perform the 43 emergency work above recited, at the scale price in effect at the time of suspension, sub¬ ject to any subsequent settlement; the operator at his option to retain only such engineers as are required, but with the understanding that all of the engineers employed at the time of the suspension shall be entitled to an equal division of the work. Contract not to be Voided by Miners’ Constitution or Rules. Thirty-first, (a) This contract is in no* case to be set aside because of any rules of the U. M. W. of A. now in force or which may hereafter be adopted; nor is this contract to be set aside by reason of any provision in their National, State or local Constitutions. Sub-District and Local Agreements. (b) Existing sub-district and local agree¬ ments shall continue in effect during the life of this agreement, except as may be changed- herein or pursuant hereto, under the following provisions: That joint commissions of not to exceed three miners and three operators be appointed by each sub-district to take up for consideration all of the disputed subjects filed with the Joint Scale Committee, and in the event of failure to agree by August 1 , 1914, then all unsettled matters shall be referred to the Arbitration Commission provided for in the Thirteenth Section hereof. All subjects to be adjudicated on the basis of not materially reducing the earnings of the men or operator. Price on Coal to Employes. The question of a special price on coal to* employes where not now established, if submit- 44 ted, shall be as to the propriety of a special price at the shaft to the employes of the opera¬ tor affected where he has retail facilities or suitable arrangements can be made. No Local Demands. (c) There shall be no demands made locally that are not specifically set forth in this agree¬ ment, except as agreed to in the joint sub¬ district meetings held in accordance with this agreement. Negotiations for Next Agreement. Thirty-second. The Joint Executive Boards are authorized and instructed to arrange for ne¬ gotiations for the formation of a new wage con¬ tract to begin at a date not later than March 1> 1916 , and are empowered to recommend pro¬ vision for avoiding a cessation of work at the expiration of this contract if a new contract has not been negotiated. 45 ENGINEERS’ AGREEMENT Wages and Conditions to Govern Coal Hoisting Engineers to March 31, 1916. i _ MEMORANDUM OF AGREEMENT. Made and entered into by and between The , Illinois Coal Operators Association, The Coal Operators Association of the Fifth and Ninth Districts, The Central Illinois Coal Operators Association ,and the United Mine Workers of Illinois, witnesseth : 1st. That from April 1 , 1914, to March 31, 1916, the coal hoisting engineers employed by the members of the Illinois Coal Operators’ Associations in the State of Illinois shall be paid the following scale of wages: Class A Mines with a daily capacity of 500 tons or over, and employing one, two or three engineers* first engineer $100.00 per month, second engineer $88.88 per month, third engi¬ neer $83.32 per month. Engineers will do no firing in Class A. Class B. Mines with a daily capacity of 200 tons, and less than 500 tons, employing one, two or three engineers, first engineer $94,428 per month, second and third engineers, each $83.32 per month. Class C. Mines with a daily capacity of less ^ than 200 tons and more than 100 tons, employ¬ ing one or two engineers, first engineer $94,428 per month, second engineer $80.54 per month* each for a nine-hour working day, and each to do his own firing. Class D. Mines with a daily capacity of 100 tons or less, employing one or two engineers, 46 each engineer $77,766 per month, for a nine- hour day; the engineer to do his own firing. The classification of a mine cannot be changed during temporary idleness. Where a mine is out of commission and is not to be resumed within 90 days, the engineer v shall, at the option of the operator, be paid the scale of Class D mines; but in the event that said mine resumes within said 90 days, then the compensation to the engineer shall be re¬ adjusted to the basis previously existing for the * entire period affected. Engineers employed at mines in course of sinking shall be paid $3,336 per day of eight hours, and shall do their own firing when re¬ quired. 2d. It is understood and agreed that, except as provided in Class C and D the foregoing scale is for eight hours’ work* seven days in the week; but that any mine in Class A or B can establish a nine or ten-hour day for one or two engineers, by paying therefor a propor¬ tionate rate, and any mine in Class C or D can establish a ten-hour day by paying therefor a proportionate rate based on the above nine- hour scale. The eight hours’ work at mines in Class A and B and the nine hours’ work in Class C and D shall be exclusive of noon or dinner time, where one or two engineers are employed; but where the engineer is required to work during the noon or dinner time he shall be paid accordingly. 3d. No engineer shall lay off or exchange ' shifts without the consent of the operator. At mines working three engineers, the first engineer shall complete the hoisting shift,, where desired, without overtime, and the re- 1 mainder of the twenty-four hours shall be di- 47 vided between the other two engineers and be paid for the same as two full eight-hour shifts. Provided, that where it is mutually agreed, the engineers may exchange shifts or the sec¬ ond engineer may complete the hoisting shift; and should the question of competency arise it } may be taken up through the proper channel. 4th. It is understood and agreed that where the above scale of wages is paid, there shall be no charge for overtime by * the engineers except as hereinafter pro¬ vided; any or all engineers shall perform ■such work when required. The hoisting engineer being generally in charge of all the engines and machinery on top, such as dynamos and compressors* and engines for shaker screens, box car loaders, dirt dump haulage, etc., it is understood to be a part of his duties to repair them (with the exception of electric repairs to dyna¬ mos) in cases of emergency without over¬ time or extra pay; but it is further under¬ stood and agreed that where any engineer not on duty is required to come to or re¬ main at the mine on account of a breakage or accident to the machinery, which is not attributable to the negligence of the engi¬ neer, such overtime shall be paid for at an bour rate based on his monthly salary. All engineers will attend to the ordinary incidental repairs without overtime, even though some overtime has to be worked. But if an engineer at a mine where two or 1 more engineers are employed is required to come out or to stay out to do some work on another shift, on account of breakage or accident, as stated herein, he shall be sallowed overtime; or if, where only one engineer is employed, he is required to work overtime repairing a breakage or ac- 48 cident not attributable to his negligence, he shall likewise be entitled to overtime on the same basis. It is also agreed that in case of sickness or unexpected absence of any engineer the other engineer or engineers shall perform his duties, and if desired by them his wages for time so absent shall revert to the engi¬ neers performing such extra services. 5th. When the mine is in active operation hoisting coal, it is, of course, understood that the engineer’s place is in the engine room; but otherwise when not so employed, and he is on pay, he shall perform any work, not herein specifically excepted, in connection with the boilers, machinery and appliances directly under his charge, that the operator or his accredited representa¬ tive may direct, except patching boilers, or inserting new flues. No engineer shall be required to clean boilers without assistance; such assistance to be selected by the operator. 6th. A licensed engineer shall be em¬ ployed at all times when steam is required at the throttle, in compliance with the State law. He shall, at the option of the opera¬ tor, do his own firing in Class A and B mines, except the engineer that hoists the coal on days when the hoisting is in excess of an aggregate of fifty tons of coal per twenty-four hours for railroad chutes or wagon trade, and except when the mine shuts down in the middle of a shift. The engineer shall do his own firing at. mines of any class (except as herein provided) ex¬ cept when compressors or haulage engines are running or dynamos are operated for other purposes than furnishing light for the 49 company’s premises or for operating the- ventilating fan of the mine. 7th. In case of either local or general suspension of mining, either at the expira¬ tion of this contract, or otherwise, the en¬ gineers shall not suspend work» but shall,. i when mining is suspended, fully protect all of the company’s property under their care, and operate fans and pumps, and lower and. hoist such men or supplies as may be re¬ quired to protect the company’s property,. # and any and all coal required to keep up steam at the company’s coal plants; but it is understood and agreed that the operator will not ask them to hoist any coal pro¬ duced by nonunion labor for sale on the market. Should the interest of the engineers be- directly involved in any issue at the expira¬ tion of this contract and any engineers- cease from work, the United Mine Workers of America will provide competent men to* perform the emergency work above re¬ cited, at the scale price in effect at the time of suspension, subject to any subse¬ quent settlement; the operator at his option to retain only such engineers as are re¬ quired, but with the understanding that all of the engineers employed at the time of the suspension shall be entitled to an equal division of the work. This does not con¬ template that in case of suspension the operator can lay off engineers and use top boss or other labor to keep up steam for pumps or other purposes. 8th. It is also agreed that in case of any dispute or trouble arising between the en- gineer and the operator by whom he is^ employed, work shall not be suspended, but 50 the grievance shall be taken up by the pro¬ per officials. 9th. As rapidly as the requisite corps of competent engineers is provided at the dif¬ ferent mines, the engineers shall become members of the United Mine Workers of America and thereafter only members thereof shall be employed as hoisting en¬ gineers when such members competent to fill the position can be obtained. 10th. The capacity of the mines shall be determined by the operator and the engin¬ eer or engineers of each mine, and in the event of their failure to agree it shall be im¬ mediately referred to the officials of the respective organizations, whose decision shall be final and binding upon both parties. 11th. No hoisting engineer shall be subject to the authority or supervision of the local union or pit committee. It is not the intent of this contract either to enlarge or to restrict their duties and privileges as heretofore exist¬ ing or exercised, or to change any established condition. In case of any dispute between any engineer and operator which they cannot adjust it shall be referred to the operator or his superintendent and the miners’ sub-district president for adjustment; and upon their fail¬ ure to agree it shall be referred to the state officers of the respective organizations for ad¬ justment. The provisions of the state contract between The Illinois Coal Operators Associa¬ tion, The Coal Oeprators Association of the Fifth and Ninth Districts of Illinois* The Cen¬ tral Illinois Coal Operators’ Association and the United Mine Workers of Illinois, shall ap¬ ply to the engineers to the extent that they are in harmony with this contract, and with the 51 conditions and practices heretofore recognized between the operators and their engineers, and the mode of settling disputes arising between them. 12th. First engineer in Class A and B mines will do no firing, except where the mine is idle r for a period of two days or more. The other engineers shall continue as at present. The Illinois Coal Operators Association: » W. L. SCHMICK, President. F. C. HONNOLD, Sec’y.-Treas. The Coal Operators Association of the Fifth and Ninth Districts of Illinois: THOMAS T. BREWSTER, President C. H. KRAUSE, Secy. The Central Illinois Coal Operators Asso¬ ciation : C. H. HURST, President. GEORGE A. WOOD, Sec’y. The United Mine Workers of America, District No. 12: JOSEPH POPE, President. DUNCAN MCDONALD, Sec’y-Treas. Executed May 13, 1914. » MEMORANDA MEMORANDA MEMORANDA MEMORANDA MEMORANDA MEMORANDA MEMORANDA MEMORANDA MEMORANDA MEMORANDA MEMORANDA MEMORANDA * 9