Report, Findings and Award y- ' \. -< \ " OF THE ^ y PUBLIC SERVICE COMMISSION OF INDIANA IN THE ARBITRATION PROCEEDINGS BETWEEN THE \ - / ^ INDIANAPOLIS TRACTION AND TERMINAL COMPANY AND ITS EMPLOYES ie person charging te ™^'^ d'ate. “ee?or: lost Z* is ^«.00, * 300.00 ,or heft, mutilation, and “^"^esuMn'dlsmtssal from ; r etrS Cs"^: seU k notes may result in orn pages and lift some inks. 2 17-333-8400, lenew via the Telephone 546-262-1510 ( ,oll | re *> My Account option at - >new online by choos g , tp; //www.libra SEP 2 7 200? ISTV">“M.T. 5 *V\ -X A_v\ ^ PUBLIC SERVICE COMMISSION OF INDIANA. TO: George L. Heede, W. H. Mayfield, R. A. McDaniel, W. H. Esary, James W. Fisher, Ralph W. Belch, William F. White, Albert H. Brown and John Maloney, a Committee of Employes of the Indianapolis Traction and Terminal Company, and Indianapolis Traction and Terminal Com¬ pany. The undersigned, constituting the Commission selected by you, to whom should be referred “All grievances of every kind and character as to wages and conditions,” and who were authorized to “take up and hear evidence of all parties inter¬ ested on said grievances as to wages, hours and conditions and services,” and whose decision was “to be for a period of three years and to be binding upon all parties thereto,” have the honor to make to the parties to the submission the following report, findings and award: fC 1 The authority of the Commission thus selected to make a binding award is found in a written instrument, in the words and figures, following, to-wit: PROPOSITION. 1. That the Indianapolis Traction and Terminal Com¬ pany agrees that all men who went out on the strike declared October 31, 1913, shall return to work with full seniority rights and without prejudice and all men who were discharged on account of becoming members of a labor organization or contemplating the same be reinstated without prejudice, but the Company shall not be required to reinstate any employe who has taken part in acts of violence against its property. Any employe whose reinstatement is refused shall have the right to be heard by the Public Service Commission of Indi¬ ana and if its decision is in his favor shall be reinstated. 2. That all grievances of every kind and character as to wages and conditions shall within five (5) days from the resumption of the service by the Company be presented to and taken up by the Company, and if not satisfactorily adjusted within ten (10) days thereafter shall be referred to the Public Service Commission of the State of Indiana for final decision. All members of the Commission shall sit upon hearing and participate in decision. Said decision to be for a period of three years and to be binding upon all parties thereto. 3. This tentative agreement shall be signed by a com¬ mittee of the employes of the Traction and Terminal Com¬ pany, and by Mr. Ethelbert Stewart as a representative of the United States government and Hon. Samuel M. Ralston, Governor of the State of Indiana, and the proper officials of the Traction and Terminal Company 2 4. That all men shall return to work within a period of twelve (12) hours from the time of signing this agreement under the conditions formerly obtaining in their employment and there shall be no further interference with the operation of any cars on the lines of the Traction and Terminal Com¬ pany, or with any property or employe of said Company. 5. Said Public Service Commission, if the matter be referred to them, shall take up and hear evidence of all parties interested on said grievance as to wages, hours and conditions, and service, and render decision concerning same within a period of Thirty (30) days from the first date of meeting. Said decision in effect to relate back to the time of resumption of work. 6. The above mentioned adjustment and arbitration shall proceed only in the name of the Committee of Employes. It is also agreed that any employe who asks to be rein¬ stated and is refused reinstatement but is returned by decision of the Public Service Commission shall receive pay from the date of first application for work. Geo. L. Heede, W. H. Mayfield, R. A. McDaniel, W. H. Esary, James W. Fisiier, Ralph W. Belch, William F. White, Albert H. Brown, John Maloney, Committee of Employes of Indianapolis Traction and Terminal Company. Etpielbert Stewart, Representative of U. S. Government. 3 Samuel M. Ralston, Governor of the State of Indiana. Indianapolis Traction and Terminal Company, By Robert I. Todd, President. This instrument is not dated, but was executed on the 7th day of November, 1913. On the 12th day of November, 1913, a Committee of Em¬ ployes called at the office of said Company and left there an unsigned document, in the words and figures following, to- wit: AGREEMENT. MEMORANDUM OF AGREEMENT, made and entered into this_day of November, 1913, by and be¬ tween the Indianapolis Traction & Terminal Company, party of the first part, and the Amalgamated Association of Street and Electrical Railway Employes of America, party of the second part, through its division, No. 645. WITNESSETH: That in the operation of the lines of the party of the first part, both parties hereunto mutually agree as follows: Section 1. The party of the first part agrees to meet and treat with the properly accredited officers and committees of the party of the second part on all grievances that may arise. Section 2. Seventy-five (75) per cent, of the runs on the schedules to be known as earlies and lates and to be completed within eleven (11) consecutive hours. 4 All swing runs to be completed within fourteen (14) consecutive hours. All runs working less than nine (9) hours to pay nine (9) hours’ time. Time and one-half for all time worked over and above the daily schedules. Section 3. Men operating all night or owl cars shall not be required to work extra runs or trippers. The hours of work for men operating on all night or owl cars shall not exceed eight (8) hours and they shall receive nine (9) hours’ pay. All night or owl cars working less than eight (8) hours shall pay nine (9) hours’ time. Section 4. The wages for all motormen and conductors including work cars shall be thirty-two (32) cents per hour, flat rate on city lines. The wages for all barn, shop and power-house men, track men, flagmen, sand dryers shall be as follows: Air Department Men. 45 cents per hour for air brakemen. 30 cents per hour for helpers. Carpenter Department. 50 cents per hour for carpenters. 30 cents per hour for carpenters’ helpers. Paint Shop Department. 50 cents per hour for stripers and sign painters. 40 cents per hour for surface hands, coaters and finishers. 30 cents per hour for rough painters. Car Repair Department. 40 cents per hour for head pitmen. 35 cents per hour for pitmen helpers. 5 Armature Winders' Department. 45 cents per hour for armature winders. 40 cents per hour for shop wiremen. 40 cents per hour for car wiremen. 40 cents per hour for controller men. 30 cents per hour for apprentices. Car Cleaners and Sweepers. 35 cents per hour for head car washer. 30 cents per hour for helpers. 28 cents per hour for flagmen. 30 cents per hour for sand dryers. Car Inspecting Department. 45 cents per hour for head inspector. 35 cents per hour for head pitmen and top work. 30 cents per hour for helpers. Time and one-half for all Sunday and Holidays, ten hours to constitute a day’s work. Time and one-half for over¬ time up to Twelve P. M., double time after Twelve P. M. and until Seven A. M. Tinners’ Department. 40 cents per hour for tinners. 30 cents per hour for tinners'* helpers. Blacksmith Department. 40 cents per hour for first fire. 35 cents per hour for second fire. 27P2 cents per hour for the third fire for the first six (6) months and 30 cents thereafter as long as they remain on the third fire. 27P2 cents per hour for helpers. Steam Fitters’ Department. 45 cents per hour for steam fitters. 35 cents per hour for steam fitters’ helpers. Acetylene Welders’ Department. 60 cents per hour. 6 Machine Department. 40 cents per hour. Drill Pressmen. 30 cents per hour. Pozver Houses. 40 cents per hour for engineers. 35 cents per hour for head firemen. 30 cents per hour for firemen helpers. 25 cents per hour for oilers. 30 cents per hour for turbine men. 30 cents for dynamo tenders and switch-board men. 35 cents per hour for boiler washers and all-round men. 30 cents per hour for flue blowers' assistant. 30 cents per hour for ash and coal shovelers. The hours of service for all men working in the power houses shall be eight hours per day. Car Wiremen, Shop Department. 30 cents per hour. Stock Room Men. 30 cents per hour. Trolley Bench Men. 35 cents per hour. Bearing Men. 35 cents per hour. Track Men. 32 cents per hour for wreck car helpers. 30 cents per hour for track men. 35 cents per hour for pavers and rammers. 30 cents per hour for pavers’ helpers. Ten hours shall constitute a day's work for all the above named classes except the power house men whose day's work shall be eight hours. All time worked over the above hours 7 except the power house men shall be paid time and one-half for all overtime. Section 5. There shall be no additional trip or trips at¬ tached to the Sunday or Holiday schedule. All runs working less time on Sunday and Holidays than on week days shall pay week day time. All men shall have reasonable time to eat their meals which shall be no less than Twenty (20) minutes or more than Forty (40) with pay, and where cars are blocked or late pro¬ vision shall always be made for men to eat. It will be the duty of the dispatchers and local superintendents, road masters and starters to see that this provision is carried out at all times. Section 6. Reporting time shall be five minutes at all car houses. Men to report to the dispatcher in person before that time. All men missing their regular runs shall serve two days on the extra list. Where cars are delayed by accident or blockades so that men necessarily riding on same cannot reach their place of reporting on time no miss shall be charged against them, but they lose their own run for that day if not in time to take their run out on schedule. Section 7. The working board for the following day shall be marked up not later than four o’clock p. m. each day. A list of extra men shall be made up at the same time and so placed that it shall be in plain sight at all times, so that the extra men can see where they stand for work and when an extra man gets out on a run he shall be checked on the list ac¬ cordingly, or if he misses he shall be so marked. Section 8. There shall be placed in the office of each car house of the respective lines an open book in which the men can register the particular day or days on which they want to 8 get off and the men so registered for any particular day or days shall have the first preference except in case of members of Committees or other officers of the association wanting off on business of the Association. They shall have first prefer¬ ence over all. Persons so registering must sign in ink. Other¬ wise they lose their turn. Said book to be dated seven days ahead, that is, men to have the privilege of asking off seven (7) days ahead of any days he desires to be off. Employes appointed as collectors of dues shall be marked off by the dispatcher on pay days if he so desires to be off. Section 9. All cars shall be properly cleaned and equipped by barn men before leaving the barn. This rule ap¬ plies to the stoves being cleaned by the barn men. Section 10. Any member who is elected or appointed to any office in this Association shall upon his retirement from said office be reinstated in his former position with full senior¬ ity rights in the employment of the Company. Section 11. Extra men reporting at regular reporting time and receiving no work shall be paid not less than $1.5°. Such extra men to finish their reports between 4145 a. m. and 5 :oo p. m. with meal time allowed. The extra board at the several barns to be a revolving list and to be marked up in the following manner. For example: First man in to be first man out, providing that all other men have received a day’s work. The extra men working after Twelve (12) midnight shall not be required to report before Nine (9) a. m. the fol¬ lowing day and shall be entitled to $1.50 per day as specified above providing he reports at Nine (9) a. m. and receives no work that day. 9 Men missing* the extra list shall be dealt with by the station master and shall be the loss of their place on the extra list for that day only. Section 12. Books of tickets or passes will be issued to all employes permitting them to free transportation on all lines owned or operated by the Company when in civilian attire. Men going to or from work in uniform will be permitted to ride without paying fare. In the records kept by the Company for the violations of rules on the part of the members of the second part the de¬ fense of the members as well as the offense shall be made a matter of record. Section 13. Men holding their seniority as conductors shall not be required to work as motormen, and vice versa on the part of the motormen, unless they so desire. Section 14. All employes who are now members of the Association shall remain members in good standing as long as they remain in the service of this Company. All men who enter the service of this Company hereafter shall within thirty (30) days if proven satisfactory to both parties, become mem¬ bers and remain the same as long as they continue in the service. Section 15. In case where men are required to report at barns or other places before beginning work and afterwards are compelled to go to another point to get their cars they shall be paid for such time as it takes to go and come at the regular rate of wage. Where men are relieved at terminals and are compelled to go to stations to turn in their receipts they shall be paid for such time as it required to reach such stations, the same to be added to the daily schedule. 10 Where shop or barn men are required to do work at points or barns other than the barn or shop where they are regularly employed they shall be allowed time during the regular hours of employment to go to or from their respective barn or shops. Section 16. All motormen or conductors instructing students for a day or part of a day shall receive twenty-five (25) cents per day over and above their daily wages. Section 17. Preference for snow plow and sweeper work shall be given to the motormen and conductors and such work shall be paid for at the rate of double time above the regular rate per hour. Men held or called for this class of work mentioned in this section and receiving no work shall be paid from the time called until relieved at the rate specified above in this section. Where men are taken from their regular work for such work mentioned in this section and do not perform such work they shall receive no less than their regular day's work calls for and they shall not be returned to their regular work that day. Meals shall be allowed all men doing this class of work at the expense of the Company. Section 18. The Superintendent shall on Mondays, Wednesdays and Fridays of each week at ten (10) o'clock a. m. give a fair and impartial hearing to suspended or dis¬ charged employes and in case any employe is suspended or dis¬ charged and after investigation found not to be in fault he shall be reinstated and paid for all time lost at his regular rate of wages. Section 19. The President will hear at ten (ro) o’clock a. m. on the first and third Tuesdays of each month such indi- vidual cases as have been appealed from the decision of the General Superintendent. A memorandum of such cases and the parties’ testimony thereon must be submitted in the fore¬ noon of the preceding Saturday and at the request of either party the individual will be notified to appear at the hearing in person. Section 20. All men shall be listed according to their seniority of hire at the car house where they report and where a barn or parts of bam are consolidated the seniority books or parts of books shall be consolidated and men will then hold their seniority rights. Section 21. In the assignment of runs men shall be given the privilege of choosing the same in accordance with their seniority rights and based upon their continuous age in the service at the car house where they report. The oldest man in the service shall be given first choice of runs and so on down through the entire list. The officials at the various barns shall place at least four (4) days ahead of the third month, starting from December 1, 1913, a list showing the run numbers and the hours and minutes each run works. Also route numbers for which runs are scheduled; also a list of names shall be placed in crews, room starting with the oldest man in service and so on in rotation through the entire list. These lists shall be posted one day before choosing begins. The early straight men or others whose seniority would entitle them to an early straight run will choose between the hours of two (2) p. m. and six (6) p. m. on the second day after list has been posted. The late straight men or others whose seniority would entitle them to a late straight run shall choose between the hours of eleven (11) a. m. and three (3) p. m. on the third day. The balance to choose on the fourth day between nine (9) a. m. and two 12 (2) p. m. Each man when choosing his run shall check his name from the list. Any man failing to sign up within the specified time, the superintendent shall be empowered to sign him up on the highest and best run that may be open, and in case a run becomes vacant before the three (3) months are up by regular employe quitting or leaving the service, the first extra man entitled to a regular run shall take the same and hold it until the list is changed, and where a regular man is off through sickness or otherwise his run is to be filled in the following manner: By extra men taking turn about of three (3) days each on the run. This choice of selecting runs shall take place every three (3) months unless change of schedules should be instituted during the three months. If such change should be made within the three months then the re-selection of runs shall take place. Section 22. Any matters that cannot be satisfactorily adjusted between both parties to this agreement shall be sub¬ mitted to a temporary board of arbitration. Neither party to this agreement shall upon being notified in writing by the other party that arbitration is desired, name their arbitrator within forty-eight (48) hours from the date of the receiving of such notice, such notice to be addressed to the representative of the company and the Committee of Employes and the delivery of such notice shall be sufficient notification if delivered at the place of business of either party to warrant that arbitration is desired. The Board of Arbitration shall be composed of three per¬ sons : The Company to select whomever they desire, the em¬ ployes to select whomever they desire and the two arbitrators thus selected shall select within five days from the date of their appointment, the third arbitrator. 13 At the hearing before the said Board of Arbitration, either side may be represented by anyone whom they may desire, and after all evidence and arguments have been heard by the Board of Arbitration they shall within fifteen (15) days formulate their award in writing and submit the same to both parties. The findings of the majority of the said board shall be final and binding upon both parties to this agreement. The expenses of the Board of Arbitration shall be borne as follows: Each party shall pay the arbitrator of its selection and both parties shall jointly pay the expense of the third arbitrator and such other expenses as may be incurred in said arbitration. Section 23. This agreement and the provision hereunto shall continue in force and be binding upon both parties men¬ tioned from this_day of November, 1913, and thereon and after unless either party to this agreement desires any change or changes in any section or sections of this agree¬ ment. Either party to this agreement desiring such change or changes shall notify the other party thirty (30) days prior to the 66th day of each year and which under said notice the agreement shall be opened and discussion take place upon the same. If the changes desired can not be adjusted between both parties to this agreement the same shall be submitted to a Board of Arbitration as specified in Section 22, and the award of the Board of Arbitration shall then become a part of this agreement and be entered therein. By--- Pres, of Div. 645 of the Amalgamated Association of Street & Electric Railway Employes of America. 14 By Sec'y-Treas. of Div. 645 of the Amalga¬ mated Association of Street & Electric Railway Employes of America. (Seal.) By- Pres, of the Indianapolis Traction & Ter- nal Company. By_ Gen. Supt. Indianapolis Traction & Termi¬ nal Company. (Seal.) On the 12th day of November, 1913, the said Indianapolis Traction and Terminal Company addressed to the Committee who signed the instrument in writing hereinabove set out, the following communication, to-wit: Messrs. “November 12, 1913. Geo. L. Heede, \V. H. Mayfield, R. A. McDaniel, W. H. Esary, Jas. W. Fisher, Ralph W. Belch, Wm. F. White, Albert H. Brown, John Maloney. Dear Sirs—You and each of you are hereby notified that this Company does not regard the paper left at our office today by Albert H. Brown et al., as a presentation of grievances within the meaning of and provided by the contract heretofore entered into on the 7th day of November, 1913, and signed by you respectively, but rather as presenting a new contract. ic; XJ We desire to give you this immediate and prompt notice in order that you may, before the expiration of the day, if you so desire, present the grievances, if any exist, in accord¬ ance with the existing contract. This Company does not desire to avail itself of any tech¬ nical advantages, nor does it seek any advantage from the lapse of time. Therefore, so far as we are concerned, the time for presenting grievances may be considered extended five days, our time for consideration to remain ten days after the actual receipt of the grievances. We, therefore, desire you to carefully consider whether you have complied with the existing contract in attempting in this wise to present an entirely new contract, which would, of course, have the effect of abrogating the present contract. Please do not infer that we impute any bad faith in the act of presenting the paper left with us today. We think, after further consideration, you also will conclude that you have not in fact presented your grievances as agreed. Yours truly, Indianapolis Traction and Terminal Company. By Robert I. Todd, President.” On the 14th day of November, 1913, said Committee pre¬ sented to said Company at its office in the city of Indianapolis, the following statement of their grievances: “Indianapolis, Ind., November 514, 1913 Mr. Robert I. Todd, President Indianapolis Traction and Terminal Company, City: Dear Sir:—Your communication to us under date of November 12, 1913, has received our consideration. We regret that our presentation of the grievances and 16 working conditions of the employes which were sub¬ mitted to us to convey to the company were submitted in a form as not regarded by the company as properly submitted, and esteem the privilege you extend to us to transmit them in a way they may be more under- standingly interpreted by you as coming within the provision of the tentative agreement of date of No¬ vember 7, 1913. We beg to explain, however, that in submitting the grievances and conditions as scheduled by us, we em¬ bodied them in what appeared to us a form of remedial construction from which, through conference, an ar¬ rangement might be more speedily worked out that would be quite satisfactory to both the company and employes. However, in conformity to your sugges¬ tions, as we understand them, we here present the grievances to you, and through you, to the Indianapo¬ lis Traction and Terminal Company in the following terms and manner: First. Your employes express a grievance against the company, in that the grievances of the employes, at present and those that may develop to them in the fu¬ ture are not permitted to be taken up with the duly constituted officials of the company for adjustment by a committee recognized as a duly authorized commit¬ tee of the employes' association as chosen or elected by said association. Your employes request that a con¬ dition of employment be agreed upon by which said grievances may be adjusted. Second. Your employes express a grievance against the company, in that not 75 per cent, of the runs on the schedules are earlies and lates, completed within eleven consecutive hours; that all swing runs are not completed within fourteen consecutive hours; that all runs working less than nine hours do not pay nine hours' time; that time and one-half is not paid for all time worked in excess of the daily schedules. The employes ask that a condition of employment be es¬ tablished by the company that will accord to employes the conditions against which grievances are registered in this paragraph. Third. Your employes here file a grievance that all night, or owl cars working less than eight hours are not paid for nine hours’ time and that to receive nine hours' pay for such service they must work the full nine hours. They ask that this grievance be adjusted by providing a condition of employment upon night cars by which not to exceed eight hours' service shall be required on night cars, to be paid at the rate of nine hours’ time. Upon this subject a further griev¬ ance is expressed against men of this service being re¬ quired to work extra runs or trippers. Fourth. The employes here file a grievance in that they are not paid 32 cents per hour for work as motormen and conductors upon city line cars and 35 cents per hour upon interurban and suburban line cars; that air brakemen are not paid 45 cents per hour; that helpers in the air department are not paid 30 cents per hour; that carpenters are not paid 50 cents per hour; that carpenters’ helpers are not paid 30 cents per hour; that in the paint shop department, stripers and sign painters are not paid 50 cents per hour, surface hands, coaters and finishers are not paid 40 cents per hour, and that rough painters are not paid 30 cents per hour; that head pitmen are not paid 40 cents per hour and pitman’s helpers are not paid 35 cents per hour; that armature winders are not paid 45 cents per hour; that shop wiremen are not paid 40 cents per hour; that car wiremen and controller men are not paid 40 cents per hour and that apprentices are not paid 30 cents per hour; that in the car cleaning and sweepers' work the head car washer is not paid 35 cents per hour, help¬ ers are not paid 30 cents per hour; that flagmen are not paid 28 cents per hour and sand dryers are not paid 30 cents per hour; that in the car inspecting department the head inspector is not paid 45 cents per hour; head pitmen and top work men are not paid 35 cents per hour and helpers are not paid 30 cents per hour; that employes specified in this paragraph are not paid time 18 and one-half for all Sunday work and time and one- half for overtime up to twelve o’clock p. m., and double time after twelve o’clock p. m., until seven o'clock a. m. The employes request an adjustment of the grievances enumerated in this paragraph and ask that a condition of wage rates be established that will be acceptable. The employes further set forth as a grievance that tinners are not being paid 40 cents per hour and tinners' helpers are not receiving 30 cents per hour; that blacksmiths are not being paid 40 cents per hour for first fire, 35 cents for second fire and 27*4 cents per hour for third fire for the first six months of service and 30 cents per hour thereafter so long as they remain on the third fire and that 27^ cents per hour is not being paid to blacksmiths’ helpers; that 45 cents per hour is not paid to steam fitters and 35 cents per hour is not being paid to steam fitters’ helpers: that acetylene welders are not paid 60 cents per hour; that 30 cents per hour is not paid to drill pressmen and 40 cents per hour is not being paid to other employes of the machine shop department: that in the power house engineers are not paid 40 cents per hour, head firemen, boiler washers and all-round men are not being paid 35 cents per hour, firemen’s helpers, turbine men, dyna¬ mo tenders, switchboard men, flue-blower's assistant and ash and coal shovelers are not paid 30 cents per hour, and oilers are not paid 25 cents per hour and that the service day is not eight hours only, for all power house employes: that car wiremen of the shop department are not receiving 30 cents per hour: that stock room men are not receiving 30 cents per hour; that trolley, bench, bearing men and pavers and ram¬ mers are not receiving pay at 35 cents per hour; that wreck car helpers are not paid 32 cents per hour; that track men and pavers’ helpers are not paid 30 cents per hour: that ten hours does not constitute the service day in the classes of employment herein mentioned, except power house men; that time worked in excess of the service day is not paid at the rate of time and one-half. Fifth. Your employes submit as a grievance that there are attached additional trips to the service of 19 motormen and conductors to Sunday and holiday schedules; that all runs working less time on Sundays and holidays than the time called for on week-day schedules is not paid week-day schedule time; that men do not have reasonable time of not less than twenty minutes nor more than fortv minutes within which to j eat meals and where cars are blocked or late no provi¬ sion is made for men to eat, and it is not the duty of dispatchers, local superintendents, road masters and starters to see that such a provision exists and is not carried out at all times. Sixth. Your employes submit as a grievance that provisions and a condition of employment does not exist to provide that reporting time shall be but five minutes at all car houses, that motormen and conduc¬ tors missing their regular runs shall serve but two days on the extra list; that where cars are delayed by acci¬ dents or blockades so that men riding upon them can¬ not reach their place of reporting on time, no miss shall be charged against them and they shall lose their run for that day only and then only in the event that they reach the place for reporting not in time to take their run out on schedule. Seventh. The employes file as a grievance that a condition of employment does not exist to provide that the working board for the following day shall be marked up not later than four o'clock p. m. each day; a list of extra men shall be made up at the same time and so placed that it shall be in plain sight at all times, that extra men can see their standing for work and when an extra man gets out on a run he shall be checked on the list accordingly, or if he misses he shall be so marked. Eighth. Your employes submit as a grievance that a condition of employment does not exist to provide that there shall be placed in the office of each car house of the respective lines an open book in which the men can register the particular day or days on which they want to get off, the men so registered shall have first 20 preference except in case of committees or officers who mark off on business of the employes’ association, such committees and officers in such case to have preference; persons so registering must sign in ink or otherwise lose their turn; said book to be dated to provide a privi¬ lege of asking off seven days ahead of any day leave of absence is desired; that collectors of dues of the em¬ ployes’ association, if they so desire, shall be marked off pay days by the dispatcher. Ninth. Your employes submit as a grievance that a condition of employment does not exist in agreement by and between the employes’ Association and the em¬ ploying Company which provides that any employe elected or appointed to any office in the employes’ As¬ sociation shall, upon his retirement from said Associa¬ tion office, be reinstated in his former position without impairment of seniority rights in the employment of the Company. Tenth. The employes submit as a grievance that a condition of employment does not exist between the Company and the employes’ Association as a matter of agreement that all cars shall be properly cleaned and equipped by barn men before being placed in charge of motormen and conductors, and that said con¬ dition of employment shall apply to car stoves. Eleventh. Your employes file as a grievance that extra men reporting at regular reporting time and re¬ ceiving no work are not paid less than $1.5° and that such extra men are not permitted to complete their re¬ port between four forty-five o’clock and five o’clock p. m., with meal time allowed; that there exists no con¬ dition of agreement to provide that the extra board at the several barns shall be a revolving list marked up to provide that the first man in shall be the first man out and that extra men working after twelve o’clock, mid¬ night, shall not be required to report before nine a. m. the following day, and be entitled to $1.5° P er day ‘ m case of days upon which reports are made at nine a. m. in the event that no work is performed that day; that 21 men missing the extra list shall be dealt with by the station master under discipline not to receive loss of place on the extra list for the day of miss only. Twelfth. The employes submit a grievance in that books of tickets or passes will not be issued to all em¬ ployes permitting them free transportation as a condi¬ tion of employment agreed upon by and between the employes' Association and the Company, such free transportation to prevail on all lines owned or operated by the Company. Thirteenth. The employes submit a grievance in that a condition of employment does not exist to pro¬ vide that men holding their seniority as conductors shall not be required to work as motormen, and vice versa unless they so desire. Fourteenth. Your employes submit a grievance in that there does not exist a condition of employment by which is provided an agreement between the Asso¬ ciation of employes and the employing Company to provide that all employes who are now members of the Association shall remain members in good standing during their term of service in the employ of the Com¬ pany and that men entering the service of the employ¬ ing Company shall within thirty days, if proven satis¬ factory to both the employes’ Association and the Company, become members and remain members of the Association so long as they continue in the service of the Company or any other company succeeding in the operation of the lines now owned and operated by the recognized operating Company in the employment of which are the employes here represented; and that this provision contained in this paragraph shall apply to all motormen and conductors operating into and within Indianapolis, and employes in and connected with all departments of the operation and maintenance of street and electric railway service into and within Indi¬ anapolis. Fifteenth. Your employes submit as a grievance that men required to report at reporting points before 22 beginning work and are compelled to go to another point to take their cars shall be paid not for the time required to go and come at the regular rate of wages, and where men are relieved at terminals and required to return to stations to make reports and deposit re¬ ceipts are not paid for such time and where shop or barn men are required to work at points other than the barn or shop where they are regularly employed are not paid for time going to and from their respective barns or shops and the point of employment. Sixteenth. The conductors submit as a grievance that motormen and conductors are not paid 25 cents extra per day while instructing students. Seventeenth. Your employes here hie as a griev¬ ance that preference for snow-plow and sweeper work is not given to motormen and conductors and such work is not paid at the rate of double time; that men held or called for snow plow or sweeper work and receiving no work are not paid for the time so called until relieved and when men are taken from their regular work for this service they receive less than their regular service day pays and returned to their regular work that day; that meals are not allowed all men doing this class of work, such meals at the expense of the Company. Eighteenth. Your employes submit as a grievance that a condition of employment does not exist as a con¬ dition of agreement between the employing Company and the employes’ Association providing that the super¬ intendent shall, on notice, Mondays, Wednesdays and Fridays of each week at ten o’clock a. m., give a fair and impartial hearing to suspended or discharged em¬ ployes and in case cause for dismissal is found to be insufficient to warrant dismissal and cause for suspen¬ sion is found to be insufficient to warrant suspension, such employes shall be reinstated and paid for time lost at his regular rate of wage. Nineteenth. Your employes file as a grievance that a condition of employment does not exist as a matter of agreement between the Company and the 23 employes’ Association to provide that the president, at ten o’clock a. m. on the first and third Tuesdays of each month will hear individual cases of grievance ap¬ pealed from the decision of the general superintend¬ ent; a memorandum of such cases and testimonv bear- ing thereon must be submitted in the forenoon of the preceding Saturday and the request of either party, the Company or Association, the individual or indi¬ viduals involved, will be notified to appear at the hear¬ ing in person; that records kept by the Company for the violation of rules and record of the defense and of¬ fense shall be made a matter of record available in all cases. Twentieth. The employes submit a grievance in that all motormen and conductors are not listed re¬ spectively as motormen and conductors in accordance with their seniority of service at the car house where they report and that no condition of employment exists to provide that where a barn or parts of a barn are con¬ solidated with another, the men affected shall be con¬ solidated and hold their seniority rights accordingly. Twenty-first. Your employes submit as a grievance that in the assignment of runs motormen and conduc¬ tors do not have the privilege of choosing or picking runs in accordance with seniority in service as based upon continuous service at the car house where they re¬ port ; that officials at the various barns are not required to place a list showing the run numbers and hours and minutes each run works, such list not being so placed four days ahead of the third month, starting from De¬ cember i, 1913, such list not containing route numbers for which runs are scheduled; also that a list of names is not placed in crews’ rooms starting with the oldest man in service in rotation through the entire list, such lists are not being posted one day before choosing of runs begins; and it is not provided that early straight men are entitled to choose runs between the hours of two o’clock p. m. and six o’clock p. m., on the sec¬ ond day after list is posted, and late straight men are not entitled to choose between the hours of eleven and 24 three p. m. on the third day and the balance are not permitted to choose runs on the fourth day between the hours of nine a. m. and two o’clock p. m. and that there is no provision that each man when choosing his run shall check his name from the list and then a fail¬ ing to sign within the specified time the superintend¬ ent shall be empowered to assign them to the best run open; and that in case a run becomes vacant there is no condition of employment which provides that the first extra shall take the run and hold it until the list is changed at the end of the three months’ period within which such vacancy occurs; and where a regular man is off through sickness or otherwise his run is to be filled by an extra man taking the run for three days at the end of which time the run shall be open for allotment to the man of the extra list upon a system of three days limit for such extra in order. Twenty-second. The employes submit as a griev¬ ance that no condition of employment exists by agree¬ ment between the employes’ Association and the em¬ ploying Company to provide that any matters of future ■dispute that cannot be satisfactorily adjusted between the parties to the agreement shall be submitted to a temporary board of arbitration; either party to the agreement upon notification in writing from the other party that arbitration is desired shall name its arbi¬ trator within forty-eight hours from the date of receiv¬ ing such notice, such notice to be addressed to the rep¬ resentative of the Company and the committee of the employes’ Association and the delivery of such notice shall be sufficient notification, providing delivery is made at the place of business of either party to warrant that arbitration is desired; that the board of arbitra¬ tion shall be composed of three persons, the Company to select one, the employes to select one, and the two thus selected shall select a third; that arbitrators to constitute the board of arbitration shall be selected without unreasonable delay; that at the hearing of the aforesaid arbitration, either side shall be represented by representatives of their respective choice, and after 25 all evidence and arguments have been heard by the board of arbitration an award shall be formulated in writing and submitted to the respective parties within fifteen days; the finding of the majority of the said board shall be final and binding upon the parties to the agreement; the expense of the board of arbitration shall be borne by each party paying the arbitrator of its selection and by both parties jointly and equally pay¬ ing the expense of the third arbitrator and such other expense of the arbitration incurred at the instance or direction of the arbitration board. Twenty-third. Your employes file as a grievance that there exists no agreement between the employes’ Association and the employing Company as a condition of employment to provide to continue for a period of time to be agreed upon by agreement and that no con¬ dition of employment exists by which an agreement is provided in which changes in an agreement may be made or defining the period of agreement or provid¬ ing for the submission of any dispute relative to changes in agreement may be made to board of arbi¬ tration, and that no agreement exists between the Com¬ pany and the employes’ Association, providing to desig¬ nate the Association as representative of the employes in the determination upon future grievances. We, the undersigned committee of employes and authorized by our Association of employes, hereby cer¬ tify that the above schedule of grievances embrace all grievances committed to us to be submitted to the Company as the grievances of the employes to be dealt with in accordance with the agreement of November 7, 1913, except in the matter embraced in Paragraph One (1) of said agreement of November 7, 1913, in respect to any employe whose reinstatement is refused shall have the right to be heard by the Public Service Com¬ mission of Indiana, such provision appearing presump¬ tive that in the event of a grievance resulting from re¬ fusal of reinstatement to any employe, such case must be taken direct to the Public Service Commission. 26 Assuring you that we are hopeful that by confer¬ ence an adjustment of all grievances here submitted may be worked out and that an arrangement satisfac¬ tory to both the employes and the Company may be mutually agreed upon, and pledging to you our hearti¬ est co-operation in an effort to attain a conclusion that will work agreeable to both the Company and the em¬ ployes, we are Most respectfully yours, (Signed) Albert H. Brown, Michael F. McHugh, Ollie Underwood, Thomas Kinney, James F. Stevens, William F. White, William J. Lawler, Ralph W. Belch, John A. Foster, James W. Fisher, W. H. Mayfield, F. W. Airhart, Committee of Employes.” On the 20th day of November, 1913, the Indianapolis Traction and Terminal Company filed the original of each of the above documents with this Commission, to which was attached the following statement, to-wit : “Be it further remembered that thereafter numer¬ ous meetings were held by the said committee and its legal representatives with the representatives of said Indianapolis Traction and Terminal Company, in an effort to adjust said grievances, and that the parties thereto have been unable to adjust said grievances to their mutual satisfaction. Now, Therefore, The Indianapolis Traction and Terminal Company, in pursuance to the terms of the said contract of November 7. 1913, and the facts here¬ in set forth, does hereby bring and present this state- 27 ment of the facts aforesaid, containing the original signed copy of the contract of November 7, 1913, and the original signed statement of grievances aforesaid, and does hereby present and refer the same to the Honorable, The Public Service Commission of the State of Indiana, for its final determination to the ex¬ tent and as the same is provided in the same contract of November 7, 1913. Indianapolis Traction and Terminal Co., (Signed) By Robert I. Todd, President.” On the 24th day of November, 1913, said Committee pre¬ sented to said Commission, a copy of said grievances, to which was attached the following letter, to-wit: “Indianapolis, Ind., November 24, 1913. To the Honorable Public Service Commission of In¬ diana : Gentlemen:—We hereby address you as the Board of Arbitration so provided by agreement of November 7, 1913, a copy of which is hereto attached. In accordance with paragraph “2” of said agree¬ ment, grievances, a copy of which as scheduled is here¬ to attached, were submitted to the said Company. We hereby certify that, to this date, said griev¬ ances have not been adjusted. The time allotted to said Company by said agreement in which to adjust said grievances has expired. The said Company has repre¬ sented to us that an adjustment is not forthcoming, making it appear to us that it is necessary for adjust¬ ment that the grievances be submitted to your honor¬ able body as arbitrators as provided within said agree¬ ment of November 7, 1913. In accordance with said agreement, we, the un¬ dersigned committee of employes, authorized so to do by said employes, hereby present to your honorable body the said grievances as hereto attached, and most respectfully request that they be taken up by you, as 28 agreed upon by the parties to the said agreement of November 7, 1913, that you give a hearing upon said grievances and render an award thereon as provided by said agreement and under the authority conferred upon you thereby. (Signed) Albert H. Brown, W. H. Mayfield, James W. Fisher, William F. White, Ralph W. Belch, Thomas Kinney, Ollie Underwood, Michael F. McHugh, William J. Lawler, John A. Foster, French W. Airhart, Committee of Employes.” On the 21 st day of November, 1913. the Indianapolis Traction and Terminal Company filed with this Commission an answer to the various grievances presented by said Com¬ mittee, which answer was as follows: i 29 STATE OF INDIANA BEFORE THE INDIANA PUBLIC SERVICE COMMISSION. IN RE GRIEVANCES PRESENTED BY George L. Heede, W. H. Mayfield, R. A. McDaniel, W. H. Esary, James W. Fisher, Ralph W. Belch, Albert H. Brown, John Maloney, Committee of Employes, to the Indianapolis Traction and Terminal Company. ANSWER. The respondent, the Indianapolis Traction and Terminal Company, makes the following answer to the various griev¬ ances presented by said Committee, as a basis for the presenta¬ tion and trial thereof before the Indiana Public Service Com¬ mission, and upon which the decision of said Commission is sought: i. As to the first grievance presented: (a) The respondent objects to the presentation or consideration of this grievance for each of the following reasons: 30 (1) That the same is not within the scope of the contract of November 7, 1913, and is not one of the matters to be submitted to arbitration. (2) That the same is not within the jurisdic¬ tion of the Indiana Public Service Commission under said contract of November 7, 1913. (b) And the said respondent declines to accede to the said grievance for the reason that the said contract of November 7, 1913, and this arbitra¬ tion thereupon constitutes an adjudication and adjustment of all grievances which have or may arise within a period of three years, and that this respondent cannot be required to enter into any contract extending beyond said time or having the effect of abrogating said contract of No¬ vember 7, 1913. 2. As to the second grievance: (a) The respondent states that it is not practicable in the operation of the respondent’s road to fur¬ nish the service required to accommodate the public in the city of Indianapolis upon a sched¬ ule providing that seventy-five per cent, of the runs shall be earlies and lates, or that they shall be completed within eleven consecutive hours, or providing for the completion of swing runs within fourteen consecutive hours. And respondent declines to accede to the de¬ mand that time and one-half shall be paid for all time work in excess of daily schedules, and that all runs working less than nine hours shall be paid nine hours’ time. 3. As to the third grievance : (a) Your respondent says that there is no founda¬ tion for said grievance; that in fact all owl cars operated by said respondent, and all crews oper¬ ating such cars, operate for more than eight 3i hours, and that there is no run upon owl cars which operates less than nine hours. And your respondent further says that men run¬ ning owl cars are not required to work extra runs or trippers. 4. In answer to the fourth grievance: (a) Your respondent objects to any consideration of the wages of interurban and suburban line men, for the reason that no such cars are operated by this Company. (b) Your respondent objects to any consideration of the wages of shop men, power house men and track men, for the reason that it was not in¬ tended that said contract of November 7, 1913, should apply to this class of employment, but it was intended only that it should apply to men engaged in train service. (c) Your respondent, for answer to so much of said grievance as relates to the wages of car service men, says that since June 1, 1913, and at all times thereafter this Company has maintained a schedule of wages applicable to men engaged in car service upon the following basis: Men employed 1 year or less_20c per hour Men employed more than 1 year and less than 2_21c per hour Men employed more than 2 years and less than 3_22c per hour Men employed more than 3 years and less than 4_23c per hour Men employed more than 4 years and less than 5_24c per hour Men employed 5 years and over_25c per hour That the foregoing rates of wages are reason¬ able, fair and just; that this company has at all times been able to procure labor in this depart¬ ment for the rate of wage above stated, and at all times has had applications for employment 32 from more men than it could employ; that no previous knowledge or skill is required in the operation of said cars, and the rate of wages paid by this company is as high as other employ¬ ers in Indianapolis are paying for men of the same degree of skill and ability and in avenues of employment where the same degree of physi¬ cal and mental effort is required; that this com¬ pany has voluntarily increased the wages of its men engaged in car service from time to time during the past four years to such an extent that the men in short terms of service have had an in¬ crease in wages amounting to about eleven per cent., while those whose terms of service have been longer have made an increase of practically twenty per cent, in four years, and that on and before the thirty-first day of October, 1913, car service men in the employ of this company were satisfied with the rate of wage paid and the working conditions, and there did not at that time exist and had not existed for several years prior thereto any disputes or grievances what¬ ever. That about four months prior to the said thirty-first day of October, 1913, outside labor agitators, seeking to gain for themselves finan¬ cial advantage, had been attempting to foment dissatisfaction among the employes of this com¬ pany, and did on or about November 1, 1913, declare a strike, and through violent and un¬ lawful means drag and beat the employes of this company from their cars, intimidate them, and, by threats and personal violence, prevent them from operating the cars of this company, and produced a condition of riot and anarchy in the streets of Indianapolis and the suspension of street car service, such persons pretending and holding themselves out to represent the employes of this company; and claiming that grievances existed, whereas in truth and in fact no such grievances did exist, and the employes of this company engaged in car service did not desire 33 to quit the company’s service, ana in truth and in fact were satisfied with the rate of wage which they were receiving. (d) As to so much of said grievance as relates to the wages of barn employes your respondent says, since June i, 1913, this company has main¬ tained a rate of wage for this class of employes according to the following schedule: WAGES OF BARN EMPLOYES OF THE INDIAN¬ APOLIS TRACTION AND TERMINAL COMPANY. Employment. No. Honrs. Amount. Foremen 9 84 per week 19.50 per week Foremen - „ 1 84 per week 18.50 per week Foremen 2 84 per week I 7-50 per week Asst. Foreman_ 2 84 per week 15.00 per week Car Shifters 1 84 per week 15.00 per week Car Shifters 1 84 per week •23 per hour Car Shifters 3 84 per week .20 per hour Car Shifters 3 84 per week •17 per hour Car Shifters 1 84 per week .162-3 per hour Car Shifters 5 84 per week •15 per hour Car Shifters 1 84 per week .17 1-2 per hour Relief Car Men_ 1 84 per week .20 per hour Relief Car Men_ 2 84 per week .17 1-2 per hour Sweepers 12 84 per week •15 per hour Watchman 2 84 per week .15 per hour janitor 2 70 per week •15 per hour Reading Statements 1 84 per week .15 per hr: ir Insp. (Rd. Officers) 1 84 per week 23.10 per week Insp. (Rd. Officers) 3 84 per week 21.15 per week Insp. (Rd. Officers) 5 84 per week 20.00 per week Ticket Sellers_ 1 60 per week I 7-50 per week Ticket Sellers 1 35 per week n -55 per week Flagmen 5 63 per week .12 1-2 per hour Flagmen 1 70 per week •15 per hour Flagmen 2 84 per week • 2 5 per hour Switch boys 6 66 per week .10 20-33 P er hour That said rate of wage is reasonable compensa¬ tion for the services rendered, and is and has been 34 sufficient to enable this company to obtain all the help required, and to attract applications from more persons than could be given employment, and is the current rate of wage for like service requiring like application of skill and ability in the City of Indianapolis, and is fair, just and reasonable. (e) As to so much of said grievance No. 4 as re¬ lates to the wages of shop employes, your respond¬ ent makes answer that since June 1, 1913, this company has maintained the following wage scale applicable to this class of labor: LIST OF SHOP EMPLOYES—INDIANAPOLIS TRAC¬ TION AND TERMINAL CO. Carpenter Dept. —Foreman _ . $25.00 per week —Asst. Foreman 19.50 per week —Pattern Maker _. _ •35 per hour —Machine Hands •30 per hour —1st class Carpenters •2 7'/2 per hour —2nd class Carpenters _ •25 per hour —3rd class Carpenters 22p? per hour —Carpenter's Helpers .20 per hour —Laborers . 1 iVi per hour Total_50 1— 1— 3 - 8 - 2— 3 ~ 5 ” 1— 5- Car Inspectors. -Chief Inspector_$100.00 Clerk _ 40.00 Inspectors (Head Barn In¬ spector) _ - 2 7/4 Inspectors (Above 5 yrs.) .25 -Inspectors (4 yrs. to 5 yrs.) .24 -Inspectors (3 yrs. to 4 yrs.) .23 Inspectors (Car Shifters). .22p2 -Inspector (2 yrs. to 3 yrs.) .22 Inspectors (1 yr. to 2 yrs.) .21 per month per month per hour per hour per hour per hour per hour npr hour 35 i—Inspector. (6 mo. to i yr.) .20 14—Inspectors (o to 6 mos.)__ .19 Total_44 Maximum rate for 12-hr. men_ .22^ Car Washers in Paint Shop. 3—Car Washers_ .20 20—Car Washers_ .1 y l / 2 Total_23 Paint Shop. 1—Foreman _$25.00 1— Asst. Foreman_ 18.00 5—1st class Painters_ .27^/2 12—2nd class Painters_ .25 9—3rd class Painters_ . 22]/ 2 1—Car Washer_ .20 7—Car Washer_ .17^2 T otal_36 Repair Shop. 1—Foreman _$115.00 1—Clerk (Armature Dept.)__ 13.65 1—Foreman_ 18.00 3—Winders_ .25 1— Winder_ .22 I / d 2— Winders_ .20 3— Banders _ .17 3—Tapers _ .15 1—Taper_ .10 Controller Dept. 1— Foreman_$16.50 2— Controller Repair Men (1st class) _ .25 Wiring Dept. 1—Foreman _$16.50 1—Wireman (1st class)_ .25 36 per hour per hour per hour per hour per hour per week per week per hour per hour per hour per hour per hour per month per week per week per hour per hour per hour per hour per hour per hour per week per hour per week per hour i—Wireman (2d class)_ . 22 y 2 per hour 3—Wireman Helpers (1st class) - .20 per hour 3—Wireman Helpers (2nd class) - .19 per hour 1—Wireman Helper (3rd class) -- - 17/4 per hour Machine Dept. 1—Section Foreman_$19.50 per week 3—Machinists (2d class)_ .273/2 P er hour 3— Machinists (3rd class)_ .25 per hour 1—Machinist Helper (1st class) _ .223/2 per hour 4— Machinist Helpers (2nd class) -2_ .20 per hour 1— Tool Room Clerk_ .1754 per hour 2— Machinist Helpers_ • I 7/4 per hour Tin Dept. 1—Tinner (1st class)_ .30 per hour 1—Tinner Helper_ .223/2 per hour 1—Tinner Helper_ .I 7>4 per hour Blacksmith Dept. 1—Section Foreman_ .35 per hour 1—1st class Blacksmith_ .30 per hour 1—1st class Helper_ . 223/4 per hour 3— Experienced Helpers_ .20 per hour Total—_53 Truck Dept. 1—Section Foreman_ .273/2 per hour 5—Pit Men (above 4 yrs.)_ .25 per hour t —Pit Man (3 yrs. to 4 yrs.) .24 per hour 1—Pit Man (2 yrs. to 3 yrs.) .23 per hour 1—Pit Man (1 yr. to 2 yrs.) .22 per hour 1—Pit Man Helper (above 1 year) __ .20 per hour 9—Pit Men (otoiyr.) _ .19 per hour 37 Air Brake Dept. i—Section Foreman_ .2 y l / 2 per hour 1— Repairman (1st class)_ .25 per hour 2— Repairman Helpers (1st class) - .20 per hour Piping Dept. 1—Section Foreman_ .27*4 per hour 1—Pipe Helper (1st class)_ .20 per hour 1—Pipe Helper (2nd class)__ .19 per hour Miscellaneous. 1—Welder_ .27L2 per hour 1—Trolley Man_ .20 per hour 4—Laborers_ . 17L2 P er hour 1—Laborer _ .15 per hour Total-33 Time and half for overtime. Straight time for Sundays or holidays. Day to be 10 hours, ex¬ cept Saturday, which is 9 hours, but paid for 10 hours. The scale for car washers and inspectors went into effect November 1, 1913. That said rate of wage has been sufficient to pro¬ cure all the labor required in this branch of this company’s affairs and to attract applications from a large number of persons who could not be em¬ ployed, and is as high rate of wage as is ordinarily paid in the city of Indianapolis for service re¬ quiring the same knowledge, skill, ability and ap¬ plication, and is fair, just and reasonable. (f) As to so much of said grievance No. 4 as relates to the wages of power station employes, this com¬ pany makes answer that it has since June 1, 1913, maintained the following scale of wages: Power Station Scale of Wages. No. Title. No. of Hours. Amount. 1—Chief Operat¬ ing Eng_10 hrs. per day $28.85 per wk 38 No. Title. No. of Hours. Amount. 2—Engineers_11& 1 3 hrs. per day .25 per hr 2—Turbine Men. 12 hrs. per day .20 per hr 1—Oiler 12 hrs. per day .20 per hr 2—Oilers 12 2—W ater fen- hrs. per day . 19 per hr ders ii&i 3 hrs. per day .25 per hr 6—Firemen_11&13 hrs. per day .20 per hr 5—Firemen and Helpers_11&1 3 hrs. per day .18 per hr 1—Fireman and Helper_11 hrs. per day .20 per hr 1—Boiler Wash- er .. 12 hrs. per day .22 J/2 hr 1—Boiler Wash- er 11 hrs. per day .22 per hr 1—Operator_11 hrs. per day .22 per hr 1—Operator_13 hrs. per day .20 per hr 1—Operator_11 hrs. per day .18 per hr 2—Coal Men_12 hrs. per day .i 7 l /2 hr 1 —Trolleyman _ _ 11 hrs. per day .18 per hr 3—Laborers_11 hrs. per day .18 per hr 2—Watchmen _ _ 12 hrs. per day .20 per hr 1—Machinist (as needed) .30 per hr 1—Carpenter_10 1—Steam Shovel hrs. per day .25 per hr Man 12 hrs. per day .22 per hr Daymen work n hours a day. Night men work 13 hours a day. Overtime on same basis except machinists and carpenters, who are allowed time and one-half for overtime. That said wage scale has been sufficient to at¬ tract more applicants than could be given employ¬ ment, and to procure all the labor in this depart¬ ment which this company required, and is as high as is generally paid in the City of Indianapolis for work requiring the same knowledge, skill, ability and application, and is fair, reasonable and just, (g) As to so much of said grievance No. 4 as re¬ lates to the wages paid in the track department of this company, your respondent makes answer 39 that since June i, 1913, it has maintained the fol¬ lowing scale of wages in this department: Scale of Wages Paid Track Department Employes. Engineering office (I. T. & T. and T. H. I. & E.) Joint, 703 Traction Building. Supervising Engineer. _1 $150.00 per mo. Tie Inspector and Eng 1 125.00 per mo. Office Asst. Engineer 1 105.00 per mo. Asst. Engineer. __ 1 75.00 per mo. Rodman 1 .20 per hr. Rodman 1 .17B2 per hr. Track — -Clerical (West and Pratt). Employment. No. Men. Rates. Hrs. Bookkeeper_1 $85.00 per mo. 60 Store and Time- Keeper 1 16.50 per wk. 60 Timekeepers_2 12.00 per wk. 60 Timekeeper (as required_3 10.50 per wk. 60 Yard Clerk_1 • 2 5 per hr. 70 Belt Yards Yard Clerk_1 .20 per hr. 70 Gravel Pit Emergency Man_ 1 .20 per hr. 70 West & Pratt Emergency Man_ 1 .17J/2 per hr. 70 Work Train Service. Train Master_1 •30 per hr. 66 Motormen 6 • 2 5 per hr. 66 Motormen 2 • 2 3 per hr. 66 Motorman 1 . 22 ' per hr. 66 Motormen 2 .21 per hr. 66 Motorman 1 .20 per hr. 66 Trolley Tenders. 12 • I 7 J 4 per hr. 66 Construction. Supervisor 1 $95.00 per mo. First class Fore- men 2 •30 per hr. 60 Second class Fore- men 5 •25 per hr. 60 40 Third class Fore- men _ 2 .22F2 per hr. 60 Bonding Foreman 1 First class Labor- .2^/2 per hr. 60 ers 3 .20 per hr. 60 Second class La- borers._200, more or less • per hr. 60 (Colored Men) Maintenance. General Foreman 1 $20.00 per wk. Machine Opera- tors 2 • 2 5 per hr. 60 Machine Helpers. 3 .20 per hr. 60 Second class La- bor (above) Curve Cleaners__i3 10.50 per wk. 70 Watchman, Day. 1 .20 per hr. 70 Watchmen, Night 2 .1:754 per hr. 70 Watchmen, Ngt_i5 10.00 per wk. 70 Water Boys (as required)_ .oyy 2 per hr. 60 Arc Welder and Grinder Paving Department. Superintendent __ 1 First class Fore- 25.00 per wk 60 man 1 Second class Fore- •30 per hr. 60 men 3 Third class Fore- • 2 5 per hr. 60 man 1 .22p2 per hr. 60 Paving Labor_16 Ordinary work (as required) 180, .20 per hr. 60 more or less_ . 17)4 P er hr. 60 Kettlemen 2 • i 7/4 per hr. 66 Machine and Tool Department General Foreman 1 $100.00 per mo. Blacksmith 1 •35 per hr. 60 Blacksmith 1 •30 per hr. 60 ist class Engr. 4i Helpers 2 .20 per hr. 60 Drill Runners_ 3 .20 per hr. 60 (Shop and street work) Hoisting Engrs._ 2 •30 per hr. 60 (Boat, Thew. Steam Boiler) Crane Men 2 .2 y l / 2 per hr. 60 (Thew, Brown- *ng) Crane Man 1 •25 per hr. 60 (No. 114 Mix¬ er Crane) Car Greaser_ 1 .20 per hr. 70 That this wage scale has been sufficient to pro¬ cure all of the labor required in this department, and to attract a large number of applications in excess of the company's requirements, and the wages paid are as high as are paid in Indian¬ apolis for the same degree of service and are fair, reasonable and just. (h) And generally as to the whole of said griev¬ ance No. 4 your respondent says that it declines to accede to the demands made in said grievance or to increase the rate of wage to be paid in any of said employments or departments of employment, and contends that it cannot be required as the re¬ sult of a strike or by means of arbitration to pay a higher wage rate than is necessary to pro¬ cure the labor required in its business in the mar¬ ket in which it gets its labor, and that any and all attempts through the medium of strikes, re¬ sorts to rioting, lawlessness and the application of force to the employes of this company and those desiring to seek employment from it to arbitra¬ rily increase the price of labor and thereby com¬ pel this company to pay an artificial wage greater than is necessary to procure its labor in the open market are unlawful and deprive your respondent of the equal protection of the laws in violation of the guarantees contained in the constitution of the United States, and should not receive recognition from this Board of Arbitration in making its award. 42 5. As to the Fifth Grievance: (a) Your respondent says that there is no founda¬ tion in fact for said fifth grievance. That regular motormen and conductors do not have additional trips added to their runs for the Sunday or holi¬ day schedules. That extra men are employed to take care of the extra work due to Sunday and holidav schedules. Your respondent further says that a reasonable time of not less than twentv minutes is and has been at all times allowed to motormen and conduc¬ tors within which to eat their meals, and that the company does pay and has been paying for the time so occupied. That it is not practicable that it should be made the duty of dispatchers, local superintendents, road masters or starters to see that the men have pro¬ vision made for meal time when the cars are blocked or late, for under such circumstances the proper discharge of the duty of this company to the public requires that such dispatchers and other officials shall give their attention to the movement of cars and restoration of traffic to its normal schedules. And your respondent declines to accede to the demand that runs working less time on Sundays and holidays than the time called for on week¬ day schedules shall be paid according to week¬ day schedule time. 6. As to the Sixth Grievance: (a) Your respondent is willing to experiment with the requirement that men shall only be required to report five minutes before taking their runs at the car houses. It is the universal custom in all well regulated street railways to require men to report ten minutes before time for taking their runs in order that the barn foremen may reassign the work where men fail to report, without dis¬ turbing the schedules. Tf experience shows that it 43 is practicable to require the men to report five min¬ utes before taking their runs, your respondent is willing to make that rule permanent; otherwise re¬ serves the right to change the present system. Your respondent declines to accede to a hard and fast rule that two days only on the extra list shall be the penalty for missing the runs, but reserves the right to govern the penalty according to the character of the offense and reason which may ex¬ ist for having failed to report in time to take out any particular run. Your respondent accedes to the proposition that men who are delayed without their fault by rea¬ son of blockades on the line, and thereby pre¬ vented from taking out their runs shall not be penalized further than to lose their run for that day only. This is and has been the custom at all times in the carrying on of the respondent’s busi¬ ness, and no foundation exists for grievance in this respect. 7. As to the Seventh Grievance: (a) Your respondent says that there is no founda¬ tion for said seventh grievance; that the com¬ pany maintains a working board; that wherever practicable it is marked up by the middle of the afternoon; that the list of extra men is made and placed in plain sight so that extra men can see their standing for work, and that they are marked when they get a run or miss. 8. As to the Eighth Grievance: (a) Your respondent says that there is no founda¬ tion in fact for said eighth grievance. That the station foremen in the company’s various barns keep a record of the men who ask off and of the day or days upon which they wish to get off. That it is not practicable that employes desiring to get off shall be required to register in ink, for in many cases of sickness or other like reason 44 such requests are made and must be made with¬ out the actual presence of the employe at the barn. That it is not practicable to require men to ask off seven days in advance. Your respondent declines to accede to the demand that a class of employes shall have a preference in being excused from work, but says that it is necessary, in order to maintain the service, that the barn foreman should have a reasonable dis¬ cretion in excusing or refusing to excuse men from work on any particular day. 9. As to the Ninth Grievance: (a) Your respondent objects to any consideration of the ninth grievance, upon the ground: (1) That it is not within the terms of the contract of No¬ vember 7, 1913, and (2) That it is not within the jurisdiction of the commission under said contract of November 7, 1913. (b) Your respondent declines to accede to the said ninth grievance upon the ground that the said contract of November 7. 1913, together with the decision of this commission upon this arbitration, settles all matters of condition of employment for a period of three years, and that this respondent can not be required to enter into any contract with anybody other than said contract of Novem¬ ber 7, 1913. (c) Your respondent declines to accede to said griev¬ ance for the reason that it objects to any arrange¬ ment which will under any circumstances limit its managing officers in connection with the em¬ ployment or the reinstatement of any class of employes. 10. As to the Tenth Grievance: (a) Your respondent states that there is no founda¬ tion in fact for said grievance. That all cars are and have been at all times cleaned and equip- 45 ped by barn men before being placed in charge of motormen and conductors, and that this fully ap¬ plies to the car stoves, and car service men are not and have not been required to do any of that work. i. As to the Eleventh Grievance : (a) Your respondent is not willing to accede to the demand that every extra man shall be paid not less than one and one-half dollars for each and every day when he receives no work. Your re¬ spondent states that there is no foundation in fact for this grievance, for the reason that extra men average as much throughout the month as the minimum wage demanded. That there is no foundation in fact for the griev¬ ance that extra men not receiving work are held longer than necessary in any one day; that ordi¬ narily they are excused by four o’clock in the af¬ ternoon. That there is no foundation for the grievance that the extra board does not provide that the first man in shall be the first man out, as this is and always has been the custom in carrying out the respondent’s business. Your respondent concedes and is willing to put into practical operation directions at its barns, whereby extra men working after twelve o'clock midnight shall not be required to report before nine o'clock a. m. the following day. Your respondent declines to accede to any ar¬ rangements whereby the station master at any particular barn shall be limited in his discretion in imposing discipline upon men who miss the extra list, but contends that the station master must necessarily have the right to take the facts and circumstances into consideration in deciding what penalties should be imposed for being ab¬ sent without leave. 46 12. As to the Twelfth Grievance: (a) Your respondent shows that it is and has been the custom for a long time on its lines to issue to its employes free employe’s tickets, entitling them to ride from their homes to their work and from their work to their homes, but further than this such free transportation has never been the custom in Indianapolis. That in the practical operation of this custom grave abuses have always existed and do now exist in Indianapolis on ac¬ count of the manner in which such employe’s tickets are transferred, held back, used bv other persons and otherwise misapplied. 13. As to the Thirteenth Grievance : (a) Your respondent says that there is no founda¬ tion in fact for said grievance. That, except in cases of emergency, conductors are not required to work as motormen and motormen are not re¬ quired to work as conductors, but your respond¬ ent further shows that an invariable rule in this respect would at times impair the service. 14. As to the Fourteenth Grievance: (a) Your respondent objects to the consideration of this grievance for the reason: (1) That it is not within the scope of the contract of Novem¬ ber 7, 1913, and (2) It is not within the jurisdic¬ tion of the arbitrators under said contract of No¬ vember 7, 1913. (b) Your respondent declines to accede to said fourteenth grievance upon the ground that the said contract of November 7, 1913, together with the decision of this Board of Arbitrators consti¬ tutes an adjudication of all matters arising within the next three, years, and that the jurisdiction of this board does not extend beyond three years, and that this respondent cannot be required to enter into any contract, and especially a contract 47 which would impair the force and validity of said contract of November 7, 1913, or the de¬ cision of this Board of Arbitration. (c) Your respondent declines to accede to said four¬ teenth grievance upon the further ground that it would impair the efficiency of the service; that it would take away from your respondent the free¬ dom of action to which it is entitled under the law, and would limit the scope to which it might impose discipline and that such a contract is against public policy. 15. As to the Fifteenth Grievance: (a) Your respondent accedes and is willing to put in effect a change in its payment of wage scales whereby conductors who are relieved from their cars or take their cars at points other than their barns shall be paid for the time necessarily re¬ quired in transportation from the barn to the place of taking or leaving the car, as the case may be, computed to the nearest five minutes. As to barn and shop men, your respondent an¬ swers that there is no foundation for the griev¬ ance, as in all cases they are paid from the time they leave or arrive at the barn or shop, and such has been the custom on the part of this respondent for a long time. 16. As to the Sixteenth Grievance: (a) Your respondent declines to accede to the de¬ mand that extra wages shall be paid motormen or conductors while instructing students. 17. As to the Seventeenth Grievance: (a) Your respondent says that there is no foun¬ dation in fact for the grievance as to working conditions specified. Motormen and conductors are in all cases employed for snow plow and 48 sweeper work. Such employes when completing this work in less time than is employed in their regular service do and have received full pay for the number of hours composing their regular runs for that day. The time for meals is allowed at the expense of the company, and the meals are furnished by the company. The respondent declines to accede to the demand that double pay should be allowed for snow plow or sweeper work, but that allowing time for the regular run of the employe for that day is equi¬ table, and that in nearly all cases the work of a snow plow or sweeper is completed in much less time than is occupied by his regular run. 18. As to the Eighteenth Grievance: (a) The respondent says that there is no founda¬ tion in fact for this grievance, as the general su¬ perintendent is and has been in the habit, and it is his custom at his office on every day in the week, to meet with suspended or otherwise dis¬ ciplined employes and to give them a fair and im¬ partial hearing, and to deal with their cases ac¬ cording to their merits. 19. As to the Nineteenth Grievance: (a) Your respondent says that there is no founda¬ tion in fact for this grievance. That by orders and directions of the president issued in 1901 the employes have at all times had the right to appeal to the president from the decision of the general superintendent, and to be heard in person at the office of the president. That it is impractical that the president should have a fixed engagement for the hearing of such appeals, or that there should be any fixed method of submitting the facts relative to such appeals. That the company does keep and has for a long time kept a record of the violation of rules and 49 trespass of its employes, and the character of the discipline imposed in each particular case. 20. As to the Twentieth Grievance: (a) Your respondent says there is no foundation in fact for this grievance. That the seniority of the records of motormen and conductors are kept at the car houses where they report, and that they are listed according to such seniority, and that there are no barns or parts of barns consolidated or about to be consolidated or which have re¬ cently consolidated. 21. As to the Twenty-first Grievance: (a) Your respondent shows that there is no founda¬ tion in fact for said twenty-first grievance. That the seniority in service at the car house where the men report does govern their actual seniority. That it has not been the custom to throw open the runs for picking and choosing on account of the demand of the men themselves that they did not desire it to be done in this way. But your respondent further says that if it is the desire of the majority of the men that the runs should be thrown open twice a year for picking and choosing, your respondent is willing to do so, and will, unless a majority of the men protest within a period of ten days after the filing of this answer, make it the rule and custom to throw open the runs for picking and choosing twice a year, and provide for suitable times for the men to choose the runs they desire. Your respondent says that it is not fair or just in the event a run becomes vacant for the first extra man to take that run and hold it until the end of the period. But such run should be available to the next regular man who is thus entitled to an advance in seniority. Further, that it is not practicable that when a regular man is off his run, his run to be filled by an extra man for three 50 days, but only that the run should be filled by extra men during the time that the regular man is off, and that said extra men should rotate ac¬ cording to their seniority in securing that run on the various days that the regular man is off. This is and has been the custom in the management of this company’s business, and no foundation exists for this grievance. 22. As to the Twenty-second Grievance: (a) Your respondent objects to any consideration of said twenty-second grievance, for the reason: (i) That it is not within the scope of the con¬ tract of November 7, 1913, and (2) That it is not within the jurisdiction of the arbitrators under said contract of November 7, 1913. (b) Your respondent declines to accede to said twenty-second grievance for the reason that said contract of November 7, 1913, together with the report of this Board of Arbitration settles all grievances and disputes for a period of three years, and this board has no jurisdiction for a period beyond three years, and this respondent cannot be required to enter into a contract which would extend beyond a period of three years or which would invalidate said contract of Novem¬ ber 7, 1913, or the award of the Board of Arbi¬ tration thereunder. 23. As to the Twenty-third Grievance: (a) Your respondent objects to any consideration of said twenty-third grievance, for the reason: (1) That it is not within the scope of the con¬ tract of November 7, 1913, and (2) That it is not within the jurisdiction of the arbitrators under said contract of November 7, 1913. (b) Your respondent declines to accede to said twenty-third grievance for the reason that said contract of November 7, 1913, together with the 5i report of this Board of Arbitration, settles all grievances and disputes for a period of three years, and this board has no jurisdiction for a period beyond three years, and this respondent cannot be required to enter into a contract which would ex¬ tend beyond a period of three years or which would invalidate said contract of November 7, 1913, or the award of the Board of Arbitration thereunder. INDIANAPOLIS TRACTION AND TERMINAL CO. (Signed) By ROBERT I. TODD, President. The “first date of meeting" was December 4, 1913, and on that date the following stipulation was filed, to-wit: “STIPULATION. “It is hereby agreed by all the parties to this arbitration that the provision in the contract of November 7, 1913, to the effect that the decision of the Indiana Public Service Commis¬ sion shall render within thirty days, shall not be considered binding upon said Commission, but that the Commission shall take such time as is necessary for it to hear and consider the evidence and formulate and render its decision, and that the same shall be conclusive and binding upon all the parties hereto as though the same were rendered within said period of thirty days. M. L. CLAWSON, Attorney for Committee of Employes, W. H. LATTA, Attorney for Indianapolis Traction and Terminal Co.” 52 HISTORY OF PARTIES PRIOR TO THE STRIKE. The Indianapolis Traction and Terminal Company, for a number of years, has operated the street railway system of Indianapolis. As owner, or lessee, it has con¬ trolled the entire property. Something less than 900 car service men in the employ of the company operate about 250 cars daily. Indianapolis is the greatest inland city in the world and is the center of the largest interurban railway interest in the United States. These interurban cars enter the city and reach the Traction and Terminal Station over the lines of the Street Railway Company. This Traction Station is very valuable property, owned by the company involved in this controversy. The rents of the Terminal Station and the use of the street railway by the interurban lines yield a large revenue to the Traction and Terminal Company. All of these electric railway lines, including the street railway, had been operated by non-union labor for many years. There appears to have been but little agitation of the union question for some ten years until about the first of August, 1913 . On this date non-resident labor organizers entered the city and attempted to unionize the train service men of all these electric lines. They were representatives of a labor organization known as the Amalgamated Association of Street and Electric Railway Employes of America. These organizers were bold and fearless crusaders in the union cause. By their activities they enlisted the sympathies of many local labor leaders and aroused the interest of a large number of the employes of these elec¬ tric lines. 53 Attention appears to have been directed first to the train service men of the interurban roads. A premature strike of these employes in the latter part of August proved futile. After a few days of anxiety normal inter¬ urban traffic conditions were restored. During these days of solicitude some trolley wires were cut and other acts of vandalism were committed. The officers of the Traction and Terminal Company were opposed to union labor. Some of the managers of the interurban lines held the same views, and all were opposed to a “closed shop.” After the failure of the interurban strike the labor organizers directed their efforts to unionizing the car service men and other employes of the Traction and Ter¬ minal Company. Many addresses were delivered in the halls of labor organizations and much bitterness was en¬ gendered between some of the employes and the officers of the company. The organizers appear to have done nothing unlawful previous to the strike of October 31 . The officials of the Traction and Terminal Company vigorously resisted this aggressive agitation among its employes. Paid adherents of the Company pursued the steps of the labor leaders. These adherents were armed and were at times offensive and lawless. The Company denies that it armed the men, but the evidence is clear that the Company selected men to follow these labor lead¬ ers who were little disposed to regard the rights of others. Events moved rapidly to a culmination. At the be¬ hest of the labor leaders of the union made heavy demands on the Traction and Terminal Company. These were in the form of increased wages, shorter hours and greatly modified conditions of labor. Noon of the following day 54 was fixed to answer these demands. Before the expira¬ tion of the time given the Company to answer, a call for a strike was prepared, and a strike of the employes was precipitated on Hallowe’en night—a most propitious hour. In spite of the fact that it is now manifest that the demands would have been refused, we cannot justify this hurried call of the men from their work. The strike began at the appointed hour, and appar¬ ently proceeded along lines deliberately planned and care¬ fully executed. Many men abandoned their positions. Others in charge of the cars were pulled from their places. Some were beaten, and led unwillingly to the Labor Tem¬ ple, where they were forcibly initiated. A few joined through fear of personal harm, and many did so to retain their opportunity to work. Cars were injured, and the business of the Company was suspended. This was Fri¬ day night. On Saturday about sixty-five crews reported for duty and undertook the movement of the cars. In every in¬ stance this was forcibly prevented by the strikers and their sympathizers. From the inception of the strike until the evening of November 7 , the opposing forces were struggling for the mastery. The employes were demanding the recognition of the union and redress of grievances, and were offering to submit the controversy to arbitration. The Company refused to recognize the union, declared there were no grievances to be redressed, and refused to submit to arbi¬ tration. While this contest was raging the public was de¬ prived of its usual means of transportation. Strike-break¬ ers were imported. Mobs assembled on the highways 55 of the city, many men were injured, one was beaten to insensibility, and one was murdered. Windowless cars stood here and there on the streets, grim reminders of a momentary triumph of disorder. Each contestant loudly protested that it favored law and order. In the meantime the local authorities were apparently bewildered, the law was defied, and the orderly course of business was suspended by anxiety, force and fear. Neither party appealed to the courts. Under these circumstances the Governor ordered to the city 2,200 soldiers, the entire military force of the State. Each of the parties then began to realize that or¬ ganized government would be maintained and the law would be enforced. At this juncture the Company submitted to its em¬ ployes, through the Governor as mediator, a plan for the arbitration of the questions in controversy. Out of this effort came the instrument in writing first set out in this report. All of this occurred in 1913 , in a great city, in a great State. Let us hope that out of this bitter strife some good may come, some fruit may ripen that will heal the wounds that have been occasioned and prevent, at least in part, the recurrence of such conditions. At the request of the employes and the Company, and with the approval of the Governor, the members of the Public Service Commission of Indiana undertook to arbi¬ trate the controversy set forth in the written instrument of submission. More than thirty days have been dili¬ gently employed in the task, two days were given to the argument of counsel, one hundred and fifty-three wit¬ nesses were examined, and a large mass of documentary 56 and statistical evidence was introduced. The record con¬ tains more than 4,000 type-written pages. PRINCIPLES UPON WHICH CONCLUSIONS ARE BASED. Sitting as a Court of Arbitration, where the parties have voluntarily submitted their matters of difference and agreed to abide by the award we shall render, we find ourselves traveling along a trackless way. There are no lights to guide our feet. There is an utter barrenness of helpful precedents. In the trial of actions at law or suits in equity the court relies with supreme confidence on the well-reasoned opinions of great judges and great chancel¬ lors. The legal profession is often assailed for its spirit of veneration for precedents. Yet the assailants often fail to remember that these monuments of judicial thought are anchors of safety. The high character of the counsel on either side of the controversy precludes the thought that in determining the questions in controversy we would abandon the prin¬ ciples of the law where the same were applicable. The character of the employes and the officers.of the Com¬ pany inspire us with a like confidence in them. To be otherwise guided under such circumstances would be to embark without rudder or compass on a shore¬ less sea. The laws of the State may have been unwisely en¬ acted, or even unjust, but they ought to be respected until repealed. Government under established law may pro¬ duce some injustice, but its blessings have brought to us all that is cherished in the history of the race. The law ought to be enforced impartially against the high and the low, 57 the rich and the poor. It is no respecter of persons. Un¬ der a constitutional form of government, the administra¬ tion of justice according to law is the highest conception of official duty. Neither organized nor unorganized labor, nor organized capital, should expect an award that would violate a legal right of the other. The submission in this instance is simply a contract between the parties thereto whereby they have agreed to refer the subjects in dispute to the members of this Com¬ mission, and to abide by their award. Our legislative provisions touching arbitration are but statutory enunciations of the principles of the com¬ mon law. Under either of these methods of arbitration only controversies between parties which might be the subjects of a suit at law could be submitted. In this controversy there is no question involved that might be the subject of a suit at law. Recognition of the union, rate of wages, the regulation of hours, and condi¬ tions of labor, are neither of them matters of which any court could take cognizance. In this State, at this time, these are all matters of private contract, left absolutely to the discretion of the parties involved in each particular transaction. This is the reason why no compulsory arbitration law has been provided. Under our Constitution no such tribunals can be provided. A court of compulsory arbitration can be provided only by overturning the entire fabric of constitu¬ tional government. Section 179 (Burns, 1914 ) provides ‘‘that tribunals of conciliation should never be established with power to render judgment to be obligatory on the parties, unless 58 they voluntarily submit their matters of difference and agree to abide the judgment of such tribunal.” But, in the absence of this provision such tribunal could never be legally established while life, liberty and the pursuit of happiness are declared to be the unalienable rights of every citizen. In other words, so long as liberty and the pursuit of happiness are guaranteed by the Constitution to the citizens of the State, no tribunal can be lawfully established with power to compel parties to enter into con¬ tracts they do not desire to make. The strongest legislative provision that could be en¬ acted would be one conferring upon some person, or tri¬ bunal, the power to make compulsory investigation of all the facts involved in the controversy, pronounce a judgment as to who was right and who was wrong, and proclaim it to the public. This would indeed be helpful legislation, as there are but few interested parties that could withstand public censure, when an impartial tribunal, after a full investigation, had de¬ clared its position untenable. As arbitrators we have power to determine only mat¬ ters within the submission. Where settled principles of law determine what the conclusion should be, the law must prevail. Beyond the realm of fixed legal principles we must be guided by equity and good conscience. No award should be made that would destroy a legal right of either of the parties. While there are some decisions declaring we are not bound to follow the law, we think the weight of authority and the better reason compel us so to do. Otherwise we could exercise arbitrary power. We have no right to do general equity. 59 LEGAL RELATIONS OF UNION LABOR AND EM¬ PLOYERS. Some of our constitutional guarantees are as follows: “No law shall restrain any of the inhabitants of the State from assembling together, in a peaceable manner, to consult for their common good.” “No law shall be passed restraining the free inter¬ change of thought and opinion, or restricting the right to speak, write or print, freely, on any subject whatever; but for the abuse of that right every person shall be re¬ sponsible.” We are guaranteed certain unalienable rights, among which are life, liberty and the pursuit of happiness. The only limitations on the right to assemble together are, that it must be “in a peaceable manner,” and “for the common good.” The only limitation on the right of free speech is responsibility for the abuse. Each one of these fundamental principles was estab¬ lished by the people, and every citizen and every court is bound to respect it. These principles have been construed by many courts in many of the States, and by the Federal Court as well. There ought not to be at this time and in this State any differences of opinion as to the legal rights of the contend¬ ing parties in industrial disputes. It is so manifestly the right of the employes to join a labor union to promote their own interests that the cita¬ tion of authorities is absolutely unnecessary. They have the right to join the union with the avowed purpose of bettering their situation by an increase of wages, a short- 60 ening of hours and securing of improved conditions of labor. Acting as a union, they have a lawful right to strike for the avowed purpose of bringing their employer to a situation where he will be necessarily driven to increase the wages of his men, shorten their hours of labor, and grant more favorable conditions of labor. They have the right to secure the highest wages, shortest hours, and the feest conditions that they can peaceably compel. This is a broad general statement, clearly sustained by a great weight of authority. It is based upon the constitutional privileges just referred to granting to the inhabitants of the State the right to assemble together in a peaceable manner to consult for the common good. They have the right to refuse to work with a non-union man. It is the liberty of the employe to choose his own company, to se¬ lect his own associates, and to refuse to work under con¬ ditions that are not satisfactory to him. These rights are guaranteed by the fundamental laws of the land. Even though a strike peaceably inaugurated and car¬ ried out results in great loss to the employer, he has no right to complain. The law recognizes the strike as a just and reasonable exercise of the legal rights of the men in the struggle of life to better their own conditions. It is not regarded as unfair competition or as an unjust ad¬ vantage. It is a right that has been frequently exercised by x\merican citizens, and has resulted in many instances in great financial gain to those who engaged in the strike. There can be no legal objections found to the exercise of a constitutional right in a peaceable way. In so far as the employes of the Traction and Termi¬ nal Company engaged in the formation of a labor union, 61 and in an agitation to enlist public sympathy, and to in¬ duce men to join the union, they were entitled to proceed without let or hindrance. This is a brief statement of the rights of the employes. On the other hand, the Traction and Terminal Com¬ pany had rights as sacred and as clearly defined by the constitution and laws as those herein mentioned in favor of the employes. The Company had the right to refuse to employ union labor in the operation of its cars, and in the conduct of its business. It had the right to operate its cars by non-union labor if it were able to do so. Union labor had no legal right to interfere by attempting to im¬ pede the work of the Company in its effort so to do. In the effort of the Company to conduct its business by non-union labor, organized labor had the right by ap¬ peals, persuasion, and entreaties, or by any other peace¬ able method, to induce non-union labor to refuse to accept the Company’s employment or abandon such employment after it had accepted it. Organized labor and organized capital have the same legal status. Each is guaranteed the right to conduct its own business in its own way. Organized capital has no legal right to interfere in the affairs of organized labor. Organized labor has no legal right to interfere in the conduct of the affairs of organ¬ ized capital, and to obstruct the business of an enterprise by the exercise of force or intimidation. The employes were acting within their legal rights in the organization of a union, and in calling a strike and quitting the employment, in so far as the Company by any means except persuasion, entreaties or appeals, endeav¬ ored to prevent the formation of the union, it was acting beyond its legal right. 62 On the other hand, in so far as union labor and its sympathizers impeded the operation of the Company’s business by force or intimidation, and by preventing non¬ union men from engaging in the business from which union men had struck, union labor was acting beyond its legal right and in defiance of the law. Each side in the conflict has the right to struggle the best it can for the mastery. Neither side has the right to violate the law by infringing upon the rights of an¬ other. Union labor has no right by force and intimida¬ tion to prevent non-union men from pursuing the labor that union men have abandoned. The non-union man may be mistaken, he may be driven by the stress of conditions to assume a position that union labor can not and ought not to approve, but the non-union man is entitled to pursue his own business in his own way, and we believe with Lincoln, “That no man is fit to govern another without that other’s con¬ sent.” The only lawful way by which union labor can over¬ come the danger arising from the competition with non¬ union labor is to make the results of unionism so benefi¬ cent that no man will willingly remain without its pro¬ tection. We think it is clear that collective bargaining may be of great benefit to employes. The operators of any particular industry represent organized power, and in a conflict with a single individual have an advantage in competition that they would not have if the investors acted in an unorganized capacity. But so long as there are men who prefer to remain outside of labor unions we can conceive of no legal power 63 to compel such men to join unions, or to prevent employ¬ ers from taking advantage of their service. THE ISSUES. The contract of November 7 , 1913 , in the fifth para¬ graph, provides that we “shall take up and hear evidence of all parties interested in said grievances as to wages, hours, conditions and services, and render decisions con¬ cerning same,” etc. A committee of employes filed twenty-three ( 23 ) grievances. The Company answered each separately. These grievances involve three questions, to wit: I. Conditions of labor. II. Hours of labor. III. Rate of wages. These will be considered in the order mentioned. i. Conditions of Labor. The grievances under this head demand: 1. The recognition of the Employes’ xA.ssociation. 2 . A shortening of runs on cars. 3 . Abandonment of extra trips on Sundays and holidays. 4 . Decrease of number of times extra men are required to report at car barns. 5 . Making up of working board for extra men by four o’clock p. m. of each day. 6 . Registration of requests for privilege of being off duty. 7 . Hearing of complaints of employes by super¬ intendent three days each week. 64 8. Appeals by employes from the superintend¬ ent to the president of the Company and hearing of such appeals on two days of each month. 9 . A board for the arbitration of controversies. i. The Recognition of the Employes' Association. So far as the conditions of labor are concerned, the car service men are the only employes who would be ma¬ terially improved by the correction of the alleged abuses. The demand made of the Company on the day before the strike was called was as follows: “( 1 ) Seventy-five per cent, of the runs on schedules to be known as earlies and lates and to be completed with¬ in eleven consecutive hours. ( 2 ) All swing runs to be completed within fourteen consecutive hours. ( 3 ) All runs working less than nine hours to pay nine hours’ time. ( 4 ) Time and a half for all overtime worked over the daily schedules. (5) A flat rate of wages of 32 cents per hour. (6) The right to have your grievances presented to the Company by a committee of your organization. ( 7 ) An arbitration clause to arbitrate all questions that cannot be satisfactorily adjusted between both par¬ ties.” The contract of November 7 , 1913 , construed in the light of the demands made on October 3 , 1913 , is not 65 entirely free from ambiguity. It appears that the car serv¬ ice men were the only employes making any demands of the Company. The instrument above set out is the complaint of car service men alone. The contract of November 7 , 1913 , makes no refer¬ ence to the Amalgamated Association or any other em¬ ployes' association. It is executed in the name of the em¬ ployes as a class of men and not as representatives of a labor union. The question of the recognition of the union is not within the submission. But, desiring to see peace restored and all controver¬ sies settled, we feel that it is incumbent upon us to give some expression of our views on the general question. Taking up the “conditions of labor” as above enumer¬ ated, the question of the union first confronts us. The Legislature of Kentucky enacted a law making it a crime for an employer or his agent to discharge a union man for that cause only. Adair, as the agent of the Louisville and Nashville Railroad Company, dis¬ charged Coppage from the service of the company wholly on the ground that he was a member of a labor union. Adair was indicted, tried, found guilty and a fine assessed against him. The Court of Appeals of Kentucky affirmed the judgment. The case was presented to the Supreme Court of the United States, where it was reversed. In deciding this case, the Court said: “While, as already suggested, the right of liberty and property guaranteed by the Constitution against deprivation without due process of law is subject to such reasonable restraints as the common good or the general welfare may require, it is not within the func¬ tions of government—at least, in the absence of con¬ tract between the parties—to compel any person, in the 66 course of his business and against his will, to accept or retain the personal services of another, or to compel any person, against his will, to perform personal serv¬ ices for another. The right of a person to sell his labor upon such terms as he deems proper is, in its essence, the same as the right of the purchaser of labor to prescribe the conditions upon which he will accept such labor from the person offering to sell it. So the right of the employe to quit the service of the em¬ ployer, for whatever reason, is the same as the right of the employer, for whatever reason, to dispense with the services of such employes. It was the legal right of the defendant, Adair,—however unwise such a course might have been,—to discharge Coppage because of his being a member of a labor organization, as it was the legal right of Coppage, if he saw fit to do so,— however unwise such a course on his part might have been,—to quit the service in which he was engaged, because the defendant employed some persons who were not members of a labor organization. In all such particulars the employer and the employe have equal¬ ity of right, and any legislation that disturbs that equality is an arbitrary interference with the liberty of contract which no government can legally justify in a free land.” Adair vs. U. S., 52 Law Ed., page 442. We see no legal or moral wrong in laboring men joining together to sell their labor collectively at a higher price than they could obtain for it acting alone. The legal right of a union man to choose his associates and to refuse to work with non-union men is a right guaran¬ teed to him by the Constitution and laws of the State and nation. The legal right of an employer of labor to choose his associates and employes and to refuse to employ union men is a right guaranteed to the employer by the Constitution and laws of the land. 67 We do not feel that either the men or the Company should be deprived of these rights. Any change in the re¬ lations of the parties must ordinarily be created by mutual consent. In the hearing of this controversy bitter feeling was mani¬ fested on both sides. The evidence clearly showed that the Company by wrongful means endeavored to defeat the men in their efforts to organize a union. It is not our intention, if we can prevent it, to permit the Company to discharge its union men for the sole reason that they are union men. It is equally plain from the evidence that the strike was hurriedly called and that some of the strikers participated in acts of disorder when the strike was on. The evidence of the officers of the company and of some of the barn foremen was that after the men returned to work discipline was in a measure destroyed. Before the large rights demanded in these various grievances should be awarded to the employes’ association, it ought to demonstrate that it has sufficient con¬ trol and discipline over its members to call a strike and conduct it without disorder, destruction of property, or violation of law, in which its membership participated. When this Association shows that membership in its local means more efficient service and better discipline among the employes, it will destroy the competition arising from non¬ union labor. We are constrained to deny the demand for the recogni¬ tion of the employes’ association, for the reason that it is not within our jurisdiction. 2. Runs . The demand that seventy-five per cent, of all runs should be earlies and lates, and should be completed in eleven consecu¬ tive hours is presented by the second grievance. 68 There are no facts in this record that enable us to de¬ termine the feasibility and practicability of this demand. On this point we feel that it is the duty of the employes to prove the practicability of the demand made. The evidence makes it clear that there are oppressive conditions attached to some of the schedule runs, and that many of these conditions can be removed. Some of the wit¬ nesses testified that their runs were completed at 1120 o’clock a. m. and that the men making such runs were required to re¬ port for duty at 4 130 o’clock a. m. of the same morning. Such a run not only overworks the men, but is oppressive to their families. Its oppression is not so much in the length of the run, as in the insufficiency of the period of consecutive hours of rest. We do not think this grievance can be corrected any more justly than by an application of a principle borrowed from the Federal Statute which requires eight (8) hours of consecutive rest in every period of twenty-four (24) hours. We think no run should exceed an aggregate of twelve (12) hours com¬ pleted within sixteen (16) hours from the time it is com¬ menced. After completing any run the motorman and con¬ ductor should be permitted and required to have at least eight (8) hours off duty. We think this plan is practicable, will greatly relieve the car service men, and will in no manner embarrass the Com¬ pany. We do not believe that men should be paid for more hours’ work than they perform. 3. Extra Trips on Sundays and Holidays. We believe that the provision touching the runs and hours off duty hereinabove set out will remove the complaint pre¬ sented by this grievance. 69 4- Extra Men Reporting at Car Barns. The grievance as to reporting of extra men at the car barns is well founded and entitled to substantial relief. Under the existing conditions these extra men are re¬ quired to report at their respective car barns at 4 130 a. m. If no runs are then assigned, they again report at 6:30 a. m., when under like conditions they must again report at 8 :30 a. m.; 10:30 a. m.; 12:30 p. m.; and 2:30 p. m. A failure to so report is a breach of discipline, and, for all these reports no wages are paid. It appears that in the month the extra men make sub¬ stantial wages, but this may come the last of the month. In the meantime there is an enforced uncertainty that creates needless anxiety, and makes the men restless. This appeals to us earnestly as demanding relief. Each extra man should be guaranteed Forty-five ($45.00) Dollars for each calendar month less the value of runs missed by reason of his own fault. With an unemployed period of eight (8) hours in each twenty-four (24), and a guarantee of Forty-five ($45.00) Dollars per month, we feel this condition is corrected. A working board will also be provided for. 6. Request for Absence. At this point we think it well that the employes under¬ stand our views as to discipline. We believe the testimony that since the organization of this union certain of the ca~ service men have felt that they could work when they pleased and be off duty at their pleasure. This is a mistaken view of duty and does not represent the principles of the union leaders as stated by them. Absence from duty is the result of a re¬ quest granted. It cannot be demanded and asserted as a 70 right. At times all requests made by men in good health to be oft* duty might properly be denied. An emergency might arise where a request granted might be withdrawn and all the men be properly recalled to their work. This award will provide for hearings before the superin¬ tendent, appeals to the president, and in grave matters for an arbitration of controversies. No Board of Arbitration ought to be found or will be found that will reinstate an employe who has been guilty of disrespect to his superior officer, or who has been guilty of intended breaches of discipline. No leader of union labor can or will defend such conduct. In the performance of its duties to the public this Street Railway Company must rely on the honest, intelligent and prompt co¬ operation of every man engaged in the street car service. There ought not to be any discrimination in requests granted, and one of our awards will provide for keeping a book for the registration of requests. If all requests cannot be granted, those who have been off duty within sixty (60) days should be first refused. 7 and 8. Hearing Grievances by the Officers. We cheerfully assume that each of the parties to this con¬ troversy will honestly and in good faith endeavor to comply with our awards. It is certain that the expectations of neither party will be fully satisfied. Yet, if the employes and officers of this Com¬ pany will reason together in a spirit of fairness, and work for their common good, and the public weal, the turbulent spirit engendered by this controversy will soon disappear. A request for a full hearing before the superintendent does not imply disrespect, nor even dissatisfaction. He must necessarily determine many matters without a full knowledge 7i of all the facts. He will sometimes be deceived. He will no doubt be given false information. Under such circumstances a just man would be anxious to right a wrong. Beside, the superintendent is human and will occasionally make mistakes when the error is due to him¬ self alone. The most upright judge at times fails to master the passions due to human infirmities. An unjust removal of an employe from his position may mar the labors of a lifetime. We know' of no reason why the president of this company should not be brought occasionally face to face with his men. Such procedure might correct er¬ roneous impressions the men may have formed of the presi¬ dent. The vast majority of these car service men are well disposed toward their employer and its officers. We are con¬ strained to believe that if the employes and the officials, from the car sweepers to the president, would become better ac¬ quainted with each other and mingle in friendly intercourse, all as servants and employes of the same master, the public, service would be greatly improved. The people have the right to petition the government for a redress of grievances. It is difficult to find any reason why the officials of a street car company should not occasionally listen to the troubles of their less fortunate brothers. Furthermore, it is our opinion that the officials of this company will profit by cultivating the friendship of the well disposed leaders among the employes of the company. If they do not do so, the control of the men will fall into the hands of less worthy leaders. 9. A Board of Arbitration. Our chief executive, in chaste and eloquent language, said that “the day of accommodation, and of concession, and of 72 common understanding is the day of peace and achievement of necessity.” Between the time when the master and his servant were equals, working side by side, and the time when an invisible legal entity, through hired officials, directs the destinies of thousands of men, there is a great gulf fixed. This spirit of concession and accommodation forbids either party from as¬ suming a position that is utterly irreconcilable. The spirit of the times does not view with kindness such conduct on the part of the employes, or the employer, or both, as forces the constituted authorities to the last refuge of government. The people are entitled to have the business of the community pro¬ ceed in peace and order. They view with alarm the interrup¬ tion of the usual activities of the community. They resent the creation of a condition that must ultimately end in dis¬ order and strife. Yet, they despise a government that does maintain order, and see that the laws are faithfully executed. When interests in a community reason themselves into ap¬ parently irreconcilable positions, resulting in disorder and turbulence and bringing distress on vast numbers of people in nowise involved in the controversy, there can be but two methods of settlement,—one by arbitration, the other by force. The use of military power ought to be the last resort of a free and intelligent people. We shall provide for a board of arbitration to which either .side may appeal, when a reasonable necessity arises. II. Hours of Labor. On this subject there is little room for doubt or uncer¬ tainty. Men lose their efficiency when overworked. Such men are less valuable per hour to the employer. Their stand¬ ard of citizenship is lowered. The traveling public has a vital 73 interest in the character of train service men. One court says, “that every overworked man presents a distinct danger.” The hours of employment ought to be so modified that at least eight (8) hours’ continuous rest would be secured to every employe. III. Rate of Wages. This phase of the investigation may be divided into two parts, to-wit: 1. Car service men. (a) Conductors. (b) Motormen. 2 . All employes (except linemen) not engaged in car service. i. Wages of Car Service Men. In the absence of a contract, the employe could recover in an action at law, a reasonable sum for his service. Under such circumstances he is entitled to just and reasonable com¬ pensation for his work. In fixing the wage under such cir¬ cumstances no Court would ignore the element of competi¬ tion. If men possessed equal skill, integrity and industry there is no reason why an employer should be compelled to pay a higher wage to one man than to another. Under such conditions unionism could add nothing either to the necessi¬ ties of the man or the value of his services. The determination of a reasonable wage is a large ques¬ tion. The interests of the employer can not be disregarded. The amount of wages is an economic and ethical question, and depends upon the following, among other things: The constancy of the employment; the muscular strength 74 expended, or nervous tension of the labor; the skill required, and hazard assumed; the dress demanded by a proper regard for the proprieties; exposure to the elements; the moral en¬ vironments and temptations confronted; aspersions or insults unjustly arising from the petulance or caprice of others; pros¬ pects of promotion to which a reasonable ambition could just¬ ly aspire; freedom or restriction in matters of opinion and conduct; the character and congeniality of associates; the ability afforded the laborer to turn to other fields of endeavor; the age in life to which the labor may be pursued; the respon¬ sibility and trust involved; the ability of the employer to re¬ cruit the ranks of his employes; the necessities of laborers as a whole; the results to the employer of the labors of the employe. After considering all these elements and perhaps others, the wage may be fixed. A just and reasonable wage must be high enough to enable an industrious, frugal and sober man to maintain himself and his family in reasonable comfort and to accumulate something for his declining years. Fluctuations in the prices of commodities and in the pur¬ chasing power of money compels us to consider the actual, not the nominal, purchasing power of the earnings. There has been in recent years a marked increase in the cost of the necessaries of life in this city. The proof clearly establishes this fact. This reduces the nominal wage. By different processes of reasoning we will endeavor to determine whether the present wages of the employes of The Traction and Terminal Company are just and reasonable. Any man 21 years or more of age, of less than the ordi¬ nary muscular power, of average intelligence and with but a very limited education can perform the duties of a motorman or conductor. Such a man, with ten days’ instructions, is as- 75 signed to this work. The labors of a motorman are not strenu¬ ous at any time. For about two hours of each day a conduc¬ tor is very busy. At other times his labors are light. These men are seldom or never exposed to the elements, and there was no proof of any particular hazard arising from the use of electricity as a motive power. The employment is constant, the temptations are such as a man of ordinary moral courage ought to be able to resist. The responsibilities are not onerous, and a suit of uniform that costs fifteen dollars and lasts for a year conforms his dress to the proprieties. On occasions of stress of weather he sometimes suffers some hardships. Some of the regular men every day must work late at night, and on each day some must begin very early. The prospects for promotion to higher positions in the service are very meager. Few men of average intelligence and ambition and of normal strength will be content to make a life’s work of these positions. The labor of these men, if it can properly be called skilled labor at all, is not far removed from common labor. When these positions are vacant they are easily filled with recruits from the ranks of common labor. Their necessities are those of the average citizen. The revenues of the company would be but slightly in¬ creased, if at all, by requiring men of better education and skill. This means that the work is such that an average man can do it well. From these facts it would appear that the car service men can not command as high a wage as that paid to the skilled trades. Again, large numbers of men are seeking employment of the company for the places these men abandoned when they called the strike. The supply of men able and willing to ac¬ cept positions as motormen and conductors is abundant. This 7 6 fact is not conclusive, but it must be considered in determining a just and reasonable wage for these men. There is much evidence in the record showing the wages paid to car service men in other cities in territory surrounding Indianapolis. Of 16 cities cited in the printed argument of counsel for the company, Nashville and Baltimore are the only ones having a lower minimum and a lower maximum hourly wage than this city. Cincinnati begins at 20 cents and reaches 27 cents at the end of 12 years. Columbus, O., starts at 20^2 cents and ends the second year at 24 cents. Louisville’s mini¬ mum is 21 cents and maximum 23 cents at the end of the third year. Dayton’s minimum is 21 cents and maximum 25 cents. Springfield, O., is the same as Dayton. Washington, D. C., runs from 21^4 cents to 23^2 cents. Kansas City, 21 cents to 27 cents in 10 years; St. Louis begins with 23 cents and reaches 27 cents the fifth year. Buffalo’s minimum is 23 cents, reaches 27 cents the fifth year and 29 cents the tenth year. Toledo starts with 23 cents and has a maximum of 27 cents the fifth year. Chicago has a minimum of 23 cents and a maximum of 29 cents the tenth year. Pittsburgh begins with a minimum of 23p2 cents and pays a maximum of 30 cents the fifth year. Detroit has a minimum of — and a maximum of 32 cents. The Indianapolis Traction and Terminal Company pays an annual revenue to the city of $30,000.00, which would raise its rate perhaps one cent per hour. Even this would leave it below the average of the cities cited. These facts support the contention of the employes in part, but refute their demand for a flat rate. The evidence shows that train service men were paid .0021c for each pas¬ senger carried in 1905, and .0029c for each passenger carried in 1913. This shows that the wages of these men have in¬ creased faster since 1905 than the earnings of the company 77 from the passenger service. We think it would be profitable to consider the wages paid in other pursuits. Prof. Nearing, in his book entitled “Wages in the United States,” on page 176, says: “That government statistics for 1909 show that only 7 per cent, of the steam railway employes of the United States, in all 1,500,- 000, earned more than $1,000.00 per annum; 51 per cent, re¬ ceived less than $625.00 per annum.” The same author says (page 180) that 21.1 per cent, of the male employes of the Bell Telephone System for the year 1909 received less than $600.00, while only 11 per cent, re¬ ceived more than $960.00 per annum. The same author (page 185) states, that of the classified male earners in Massachusetts in 1908, 72 per cent, received $15.00 per week and less; of these 20 per cent, received $20.00 per week and less, and only 8 per cent, received above $20.00 per week. In New Jersey, Kansas and Wisconsin the per¬ centage is still lower than in Massachusetts. On pages 72 and 73 of Vol. 1, “Wages and Prices,” is¬ sued as Senate Doc. 63, the following tables of average yearly earning of employes in specified industries in New Jersey and Wisconsin are set out: New Jersey, 1908. Artisans’ tools_$548.08 Boilers, steam_618.27 Brewery products_902.40 Brick and terra cotta_430.00 Chemical products_521.03 Cigars and tobacco_313.08 Drawn wire and wire cloth-_ 407.06 Electrical appliances _628.52 Furnaces, ranges and heaters-- 724.17 Glass (window and bottle)_620.36 Hats, men’s _585.85 78 Jewelry_601.81 Leather (tanning and furnish- ing) -613.50 Lamps, electric and others_386.85 Machinery_598.81 Metal goods_474.86 Oils_617.21 Paper- 529-95 Pottery -633.45 Rubber goods_521.17 Ship building_733.06 Silk_441.61 Steel and iron (structural) __ 689.44 Steel and iron (forging)_ 554-36 Woolen and worsted goods__ 390.27 Twenty-five industries_524.28 Other industries _466.94 All industries, 2127_$500.41 In these industries there was an average net decline of 3.3 per cent, in wages in 1908 as compared with 1907. Wisconsin, 1907. Agricultural implements_$597.28 Artisans’ tools_506.24 Beef and pork packers- 543 - 3 ° Boots and shoes_426.17 Brass and copper_ 533-77 Brick and tile_424.20 Cigars -41 5 - 5 ° Clothing, men’s _391.21 Clothing, women’s_363.24 Cotton and linen_304.80 Electric and gas supplies_524.06 Flour and feed_ 554-44 Food preparations_335.80 Hats and caps_477.11 Iron_546.14 Leather _481.51 79 Lime and cement_460.18 Lumber - 537-35 Machinery_649.55 Malt liquors_602.46 Paper and pulp_472.41 Sheet metal _419.64 Ship and boat building_586.35 Structural iron_617.00 Woolen mills_366.00 In a report made by Charles P. Neill in 1910, it is stated that 61.2 per cent, of the Bethlehem steel workers were earn¬ ing $625.00 per year or less, while only 8.2 per cent, received a yearly wage in excess of $1,000.00. Nearing, in the volume quoted from on page 173, says: “The conclusion may well be drawn that in the industries of the United States at large not more than 10 per cent, of the adult male wage earners receive annual earnings of more than $1,000.00.” One of the elements that enters into the determination of the wages per hour is the constancy of the employment. A high hourly wage is usually found where labor is suspended for a part of the season, as in the building trades. Now, let us examine the wages of some of these car serv¬ ice men. The record discloses that Matt McCarty received the following wages: June, 1913, 29 days_$86.68 July, 1913, 27 days_81.11 August, 1913, 30 days-87.35 September, 1913, 29 days_8936 Average for 4 months_$86,125 In these four months there were but three days in which he worked more than 12 hours. 80 G. D. Miller, as motorman, at 20 cents per hour, earned the following wages: June, 1913, 28 days-$ 55 - 11 July, 1913, 21 days-4372 August, 1913, 30 days_59-88 September, 1913, 27 days_53-28 Average monthly wage_$52.99 His average unemployment was 4 days per month. These two car service men are perhaps representatives of the extremes,—this is the results of the minimum and maxi¬ mum wage. It is in evidence that the Amalgamated Association of Street and Electric Railway Employes of America pays the officers of Local No. 645, with a membership of 1,270, the fol¬ lowing salaries: President and business agent, $1,320.00; financial secretary-treasurer, $1,320.00 per annum. Mr. Mc¬ Carty's annual wage can easily reach $1,100.00. Considering the dress suit and official dignity that these local officials will be compelled to maintain, this union is fairly subject to the charge it makes against the Traction and Terminal Company, pany. Viewed from another angle the facts are interesting. The property owned and controlled by the Traction and Ter¬ minal Company is assessed for something more than $8,000,- 000. It ought not to be contended that this is the fair and reasonable value of this property. The common observation of men is the other way. This is far below the actual value. The capitalization is more than $26,000,000.00, and the earn¬ ings of the company are sufficient to pay the interest on the bonds, provide a large sinking fund and dividends on all the stocks, with a small deficit. The car service men not only paid in the production of all revenues derived from the move- 81 ment of the cars. It appears to us that the terminal station yields far greater rents than it would yield if cars were not operated. The following is a financial statement of the company for 1912: Total earnings, 1912- $3,343,640.03 Operating expenses, 1912— Maintenance way and structures_$366,240.81 Maintenance, equipment_217,228.11 Operation of power plant. 373,270.06 Operation of cars_633,183.76 General expenses_288,240.67 Total operating expenses_ Net earnings_ Interest on bonds and notes, etc.: Citizens’ St. RR. Co., 5%, due 1933- Inds. St. Ry. Co., 4% due 1933- Inds. T. & T. Co., 5% due 19 33- Broad Ripple Tr. Co., 5% due 1933- Trust equipment notes_ Notes payable_ Taxes and licenses_ Rental_ 200,000.00 240,000.00 237,819.97 5,000.00 11,458-33 2,466.40 218,620.96 302,614.94 1,878,163.41 1,465,476.62 1,217,980.60 Total of interest, taxes and rentals. Net income_ 247,496.02 Dividends on capital stock $5,000,000 _200.000.00 200,000.00 Net over all_ 47,496.02 Sinking funds for I. T. & T. Co. 5% bonds 82 58,200.00 For Inds. St. Ry. Co. 4% bonds - 50,000.00 Making deficit for the year- 60,703.98 $108,200.00 $108,200.00 The present wage of car service men is as follows: In continuous service— One year or less_20c per hour One year and less than two years_21c per hour Two years and less than three years_22c per hour Three years and less than four years_23c per hour Four years and less than five years_24c per hour Five years and less than six years_25c per hour We think these employes should receive a reasonable increase in wages. 2. All Employes (Except Linemen) Other Than Car Service Men. We have carefully considered the evidence as it applies to all these employes. We have studied their conditions, the nature of the service rendered, and the conditions surround¬ ing them, and have some doubts as to whether there should be an increase of their wages at this time. However, consider¬ ing that the wages now fixed will prevail for three (3) years, unless voluntarily raised by the company, we have determined that each of these employes shall receive a small increase in wages. THEREFORE, We the undersigned, members of the Public Service Commission of Indiana, sitting as a Board of Arbitration, do make each one of the following findings and awards numbered consecutively from one (1) to nineteen (19), both numbers inclusive, to-wit: 83 i. No run shall exceed twelve (12) hours in length. Split or trip runs shall not exceed an aggregate of twelve (12) hours of platform service. Each run shall be completed within sixteen (16) hours from the time it is commenced. After completing a run no motorman or conductor shall be required or permitted to continue or again go on duty without having had at least eight (8) hours off duty. One period of twenty (20) minutes in each run shall be allowed within which to eat meals. Overtime shall be paid for at the regular rate. 2. Each motorman and each conductor shall be per¬ mitted and required to remain off duty on the first day of the week, commonly called Sunday, at least once in each calendar month. The company shall designate the particular Sunday in each month that each of such employes shall be off duty. 3. Each conductor and each motorman shall be re¬ quired to report at the proper car barn ten (10) minutes be¬ fore time for taking his run. Men who are delayed without their fault, by reason of accidents or blockades on the line, and are thereby prevented from taking out their runs shall not be penalized further than to lose their runs for that day only. The penalty for missing runs for any other reason than as above stated shall be in the discretion of the company. PROVIDED: If the company experiments and finds that re¬ porting five (5) minutes before taking out the runs is sufficient it is at liberty to reduce the reporting time to five (5) minutes. 4. The company shall provide at all times a working board at each car barn. Said board shall be marked up for the following day not later than four o’clock p. m. (4:00 p. m.) of each day. A list of extra men shall be made up at the time and placed in plain sight so that extra men can see their stand- 84 ing for work and the names of such extra men shall be checked as such men get a run or miss. 5. The company shall provide and maintain a book at each car barn in which the name of an employe who desires to be off duty shall be registered, and said book shall be so arranged that the day or days such employe desires to be off duty may be easily and accurately indicated. When the employe is at a car barn when making such request he shall register his own name. When not present at a car barn the proper custodian of such book shall register the name of such employe in said book and shall properly and accurately indi¬ cate therein the day or days upon which said employe desires to be off duty. Absence from duty if permitted at all shall be granted in the order shown by such registration in said book. But such registration shall not entitle any employe to be off duty until the request shall have been granted by the proper barn foreman. Any employe who has obtained a leave of absence may, upon notice by the company in case of emer¬ gency, be again required to report for duty. But in case such emergency arises the men shall be recalled in the inverse order of their registration. In granting leave to be off duty mem¬ bers of the Grievance Committee of the Employes shall be given preference on the day or days they are required to meet the officials of the company. If all requests cannot be granted, those who have been off duty within the last sixty days shall first be refused. 6. The president and the secretary of any labor organi¬ zation of which the employes of the compnay may at any time be members shall each upon his retirement from office in such organization be reinstated in his former position with¬ out impairment of seniority rights in the employment of the company. PROVIDED, however, that to entitle such officers 85 of such organization to so hold his seniority rights, he shall de¬ liver to the president of the company, on or before the 20th day of February of each year during the lifetime of this award, a written request therefor and a written statement that such reinstatement shall not in any manner be, or be con¬ strued to be, a recognition of such organization. 7. The company shall not be required to change the present methods of cleaning and equipping cars and stoves. 8. Each extra man employed as motorman or as con¬ ductor shall receive the wages per hour hereinafter in this award, provided, and depending upon his term of continuous service with the company. If the wages earned by such extra man, in each calendar month determined as above do not equal the sum of forty-five dollars ($45.00), the company shall pay him at the end of each calendar month such a sum as added to the wages so earned will make the total earnings equal to forty-five dollars ($45.00) : PROVIDED, That the com¬ pany shall deduct from the money so added above the wages earned, the value of any runs such employe missed by reason of his own fault. 9. The company shall furnish to each employe such free transportation as is necessarily used by him in going to and from his work. It is required to furnish no other transporta¬ tion to employes. 10. In case of emergency conductors shall be required to work as motormen, and vice versa. The barn foreman in charge of the men shall determine the emergency. 11. The Indianapolis Traction and Terminal Company shall not be required to employ only members of a labor union organization. No one now in the employ of the company, or 86 that may be hereafter employed, shall be required to become a member of any labor organization. The company shall not discharge any man solely for the reason that he is, or here¬ after becomes, a member of such organization. There shall be no discrimination against, or interference with, any employe who is not a member of any labor organization by any employe who is a member of any labor organization. No employe who is a member of a labor organization shall be discriminated against or interfered with by the company, or by any employe who is not a member of a labor organization. 12. Conductors and motormen who take or leave their cars at points other than their barns shall be paid at the regu¬ lar rate for the time necessarily required in transportation from the barn to the place of taking or leaving the car. 13. Motormen and conductors shall not receive extra pay while instructing students. 14. Motormen and conductors shall receive the regular rate of pay for snow-plow and sweeper work. When such work is performed in less time than is employed in their regu¬ lar runs, such employes shall receive full pay for the number of hours composing their regular runs. While doing such work meals shall be furnished by the company. 15. On the second and fourth Tuesdays of each month the superintendent of the company shall, on notice, give a fair and impartial hearing to discharged or suspended employes. If the discharge or suspension is found to be unjust any such employe shall be reinstated with pay at regular wages for time lost by such suspension or discharge. On the third Tuesday of each month the president of the company shall hear any employe who desires to appeal from the decision of the super¬ intendent. The president shall correct any erroneous decis- 87 ions of the superintendent. At such hearings before the su¬ perintendent or president of the company, the discharged or suspended employe may be represented by any employe or employes he may select. 16. That any difficulty or disagreement arising under this award, either as to its interpretation or application, or arising out of the relations of the employer or employes dur¬ ing the lifetime of this award, which can not be settled or adjusted by conference between the officers of the employer and the employe or employes directly interested, shall be re¬ ferred to a board of conciliation or arbitration, appointed as hereinafter provided. Said board shall consist of three (3) disinterested mem¬ bers, one of whom shall be selected by the judge of the District Court of the United States for the District of Indiana; one member shall be selected by the chief justice of the Supreme Court of the State of Indiana; and one member shall be se¬ lected by the chief judge of the Appellate Court of the State of Indiana. Such board of arbitration shall constitute a permanent Court of Arbitration during the lifetime of this award. Each member of said board shall receive just and reasonable com¬ pensation for his services, such compensation to be paid equal¬ ly by the company and the employes. Necessary stenographic forces shall be employed and paid for equally by the company and the employes. Said three judges shall confer with each other in making said appointments, and said judges shall have power to fill any vacancies that may occur at any time in the life of this award on said board. Such board thus constituted shall take up and consider any question referred to it by the company or by the employes, 88 and shall hear both parties to the controversy and consider such evidence as may be laid before it by either party. At all hearings before this board either party may be represented by such person or persons as they may respectively select. No suspension of work shall take place by strike or other¬ wise pending the adjudication of any matter so taken up for adjustment by said board. Any aw^ard made by said board shall be binding and final during the lifetime of this award. In any proceedings before said board the moving party shall have the burden of proof: PROVIDED, That if any discharged employe shall institute proceedings before said board of arbitration for the purpose of being reinstated in his employment with the com¬ pany, said board of arbitration shall not have power to rein¬ state such discharged employe if upon the hearing there is a reasonable and strong suspicion that such employe was guilty of the offense for which he was discharged. 17. The wages of motormen and conductors shall be as follows: In continuous service— One year or less_21c per hour One year and less than two years_23c per hour Two years and less than three years_24c per hour Three years and less than four years_25c per hour Four years and less than five years_26c per hour Five years or more_27c per hour Each extra motorman and conductor shall be paid as provided for in award Number Eight (8) hereinabove set out. xA.ll other employes of the company (except linemen) shall receive a five per cent. (5%) increase of wages. All wages shall be paid at the times provided by law. 18. The findings and awards of this commission shall be effective as of the eighth day of November, 1913, and shall 89 continue in force and effect until the eighth day of November, 1916: PROVIDED, That the company shall have a period of sixty days in which to revise its schedules and to determine what motormen and what conductors shall be required to re¬ main off duty on each particular Sunday. 19. On every point in controversy, stated in any griev¬ ance or in any part of any grievance and upon which we have not made a specific finding and award, our finding and award is for the company. Respectfully submitted, Thomas Duncan, Chairman. John F. McClure, Frank E. Payne, Charles J. Murphy, James L. Clark, Arbitrators. Dated at Indianapolis, February 9th, 1914. 90 / . . i jSi ^ ■ r» ^>. *»V; . J-l S'*' -* —' —*A-r^ - - *.- j »*' r -v> . - - 1^- ’■^pSS , .* . Jcs? ■ -. =£»- -" ' t -«*-» dgvcjC- . ^/* -w. -zgjgpri 5 y$ 3 £ r * r '.>-*> *.- «• -^«*"r x - ■-' • w