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U. S. DEPARTMENT OF LABOR

BUREAU OF LABOR STATISTICS
ROYAL MEEKER, Commissioner

BULLETIN OF THE UNITED STATES \
(WHOLE ] A A
BUREAU OF LABOR S T A T IS T IC S / * * * (NUMBER I T T :
CONCILIATION

AND

ARBITRATION

INDUSTRIAL
CLOAK,

SERIES:

COURT OF

SUIT, AND

No .

THE

SKIRT

INDUSTRY OF NEW YORK CITY




MARCH 19, 1914

WASHINGTON
GOVERNMENT PRINTING OFFICE
1914

4




CONTENTS.
Page.

Industrial court of the cloak, suit, and skirt industry of New York City:
Introduction and summary...............................................................................
5-8
9
General workings of the protocol as regards grievances..................................
Board of grievances and its work as an industrial court................................ 9-23
Plan and scope of work............................................................................... 9-14
Machinery of the board...............................................................................
15
Method of procedure in adjusting disputes.............................................. 16,17
Appeals from decisions of the board..........................................................
18
Legislative functions of the board.............................................................
18
Meetings of the board.................................................................................. 18,19
General disposition of cases.......................................................................
19
Seasonal fluctuations in the numbers of complaints filed...................... 19-22
Time consumed in the adjustment of cases.............................................. 22, 23
Cases adjudicated by the board of grievances................................................. 24-55
Source of complaint....................................................................................
24
Nature of grievances.................................................................................... 24-27
Disposition of cases brought before the board........................................ 27-31
Justifiability of complaints as indicated by their disposition.................. 31-33
Cases settled in favor of the unions...........................................................
34
Cases settled in favor of the association.................................................... 34, 35
Compromised cases...................................................................................... 35, 36
Dropped cases..............................................................................................
36
Withdrawn cases.......................................................................................... 36, 37
Disagreement cases...................................................................................... 37-45
Comprehensiveness of the work of the board........................................... 45-49
Development of a working code of rules..................................................... 49-55
Attitude of men who administer the protocol as to precedents___ 49-51
Rulings.................................................................................................. 51-55
Duplicates.....................................................' ............................... 51-52
Payment for holidays...................................................................
52
Week worker.................................................................................. 52, 53
Underscale.....................................................................................
53
Price settlements..........................................................................
53
Changing of piece price during season........................................
53
Out-of-town shops......................................................................... 54, 55
Stoppages.......................................................................................
55
Appendix A.—Text of protocol of September 2, 1910, for the cloak, suit,
and skirt industry of New York City................................. 56-58
Appendix B.—Report and recommendations of conference on grievance
board matters........................................................................ 59-65
Appendix C.—Detailed statement of cases disposed of by the board of
grievances, by nature of grievances and method of dispo­
sition, April 15, 1911, to October 31, 1913....................... 66-72
Appendix D.—Extract from decision of board of arbitration creating
committee on immediate action, January 24, 1914.........
73




3




BULLETIN OF THE

U. S. BUREAU OF LABOR STATISTICS.
WHOLE NO. 144.

W A S H IN G T O N .

MARCH

19, 1914

INDUSTRIAL COURT OF THE CLOAK, SUIT, AND SKIRT INDUSTRY
OF N E W YORK CITY
.1
B Y CHARLES H .

W IN S L O W .

INTRODUCTION AND SUMMARY.

In a previous report of this Bureau,2 an exhaustive presentation
was made of each and every feature of the protocol or treaty of peace;
in the cloak, suit, and skirt industry.3 The present report deals
with that feature of the protocol known as the industrial court of the
industry, and officially termed the board of grievances. This court
is the court of first appeals from, decisions rendered by the clerks of
the board who, in the first instance, endeavor to adjust all complaints,
the court of final appeals being the board of arbitration.
Before this industrial court every disagreement of whatever nature
is brought and, to a very considerable extent, settled. Its practical
work more nearly represents the grand inquest of the people concerned
than any other designation, because it not only represents an oppor­
tunity for appeal, in cases of a disagreement between the parties at
interest, but possesses the power to resolve itself into a legislative body
for the enactment of rules and regulations to cover aggravated cases
that can not otherwise be disposed of. These rules and regulations
then become the custom and common usages (or law) of the industry.
On May 21, 1913, the joint board of cloak makers7unions requested
a conference with the Manufacturers7 Protective Association for the
purpose of discussing, among other matters, amendments to the exist­
ing agencies for the adjustment of grievances with specific reference
to the board of grievances. The exact nature of the desired change
can be seen from the following, proposition No. 15, submitted by the
joint board of cloak makers7 unions for the consideration of the joint
conference:
15. The board of arbitration shall be increased by the addition of a sufficient num­
ber of xepresentatives of the public, to be named in the manner provided in section
19 of the protocol. The manufacturers’ association or the unions shall be at liberty
to call upon any such representatives to render a decision in all cases where the board
of grievances disagree. The decision shall be rendered within 48 hours after the sub­
mission of all evidence, and shall be final.
1 The author wishes to acknowledge his indebtedness for valuable assistance on the part of Dr. Paul
Abelson, chief clerk of the grievance board for the Manufacturers' Protective Association, and of Mr.
George Wishnak, manager of the protocol division of the joint board of Cloak Makers’ Unions, in bringing
together the data to complete this study. Assistance of special value has been given by Mr. Boris
Emmette in the analysis of the complaints which are the subject of this report.
2 Bulletin 98, Bureau of Labor, 1912.
4 For the text of this protocol see Appendix A, p. 56.




5

6

B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.

After a consultation of the officers of the local unions with the
officers of the International Ladies’ Garment Workers’ Union, the
above-quoted proposition of the unions was voluntarily modified to
the effect that, instead of providing for a number of representatives
of the public to whom appeals could be taken in cases on which the
board of grievances could not agree, one impartial arbitrator was to
be selected for this purpose.
The joint board claimed that the unions do not receive justice
from the board of grievances as at present constituted. The Manu­
facturers’ Protective Association denied this charge, contending that
the claim of the unions could easily be disproved “ by an examina­
tion of the records of the board of grievances; that the system pro­
posed by the unions would be destructive of the present system of
arbitration and conciliation, and would practically put the control of
the industry in the hands of a single outside person; that, in effect, it
was substituting for methods of conciliation, a system of continuous
arbitration, and that this, in the long run, would break down.7 A
’
joint conference was arranged. This conference, unable to agree
upon the proposed change, referred the matter to the board of arbi­
tration.1 In consequence of the vigorous agitation which had been
carried on for months within the ranks of the unions, for the purpose
of amending the machinery for the adjustment of grievances by the
introduction of this so-called impartial person, the board of arbitra­
tion was appealed to by the joint board of the unions for its approval
of such an agency. The board of arbitration, realizing the advan­
tages of conciliation over arbitration, was unwilling to agree to this
change without a study of the workings of the board of grievances.
The precise object of the present study was to reveal the nature and
disposition of cases that were referred to the board of grievances for
adjudication, and further to reveal the efficiency of this organization
in fulfilling its primary functions, viz, administering justice in the
industry, supervising the adjustment of grievances by the clerks,
and adjusting aggravated cases upon which the clerks could not reach
a decision. In addition, it was believed that such an inquiry would
also disclose evidence as to whether the functions of the board of
grievances were being exercised in a spirit of genuine cooperation.
This inquiry was made on the basis of an intensive study of (1)
original cases and all correspondence relating thereto in possession of
the unions and the association, (2) proceedings and minutes of the
board of grievances and of the joint conferences for the period cover­
ing the entire existence of the board, and (3) supplementary informa­
tion furnished by the men in charge of the administration of the
machinery of the protocol, for the unions and the association. In
i The board of arbitration by a decision made on January 24,1914, amended the rales by creating a com­
mittee on immediate action. This amendment is given in full in Appendix D, p. 73.




IN D U ST R IA L COURT OF CLO AK , S U IT , AND SK IR T IN D U ST R Y .

7

addition, procedure was studied through first-hand observations, by
repeated attendance at the meetings of the board when cases were
being adjusted and policies established.
The results of this inquiry can be summarized as follows:
(a) S u c c e s s o f t h e B o a r d i n S u p e r v i s i n g t h e A d j u s t m e n t
o f G r i e v a n c e s b y i t s C l e r k s . — The success of the work of the board,
in making the institution of clerks effective, can readily be seen from
the percentage of cases adjudicated by the clerks to the total cases
filed. Nearly ninety-eight per cent of the complaints filed were
promptly adjusted by them.
(b) C a s e s A d j u s t e d b y t h e B o a r d ; t h e i r C l a s s i f i c a t i o n a n d
D i s p o s i t i o n . — Excluding 11 disciplinary cases (so called), in which
the action of the board was of a purely perfunctory nature, 168 cases
were referred to the board. Of this number, 159 were satisfactorily
adjusted. The grievances complained of most frequently were:
'“ Shop strike,” “ discrimination against individuals,” “ alleged wrong­
ful discharge,” “ paying under agreed scale,” “ nonpayment for legal
holidays,” “ dispute in price making,” “ nonprotocol conditions in
shop,” “ claim for wages due,” “ interference with conduct of fa ctory /’
“ complaint against shop chairman.” Of the 168 cases, 53, or 31.56
per cent, were compromised; 52, or 30.94 per cent, were dropped by
mutual consent or withdrawn by the complainants; 32, or 19.04 per
cent, were sustained in favor of the union; 22, or 13.10 per cent, were
adjusted in favor of the association.
(c) N u m b e r a n d N a t u r e o f t h e C a s e s u p o n w h i c h t h e B o a r d
C o u l d R e a c h n o D e c i s i o n . — Considering issues involved rather
than the number of complaints, in only 9 cases, or 5.36 per cent, did
the board of grievances fail to reach a decision. The grievances
involved in these cases were: “ Shop strike,” 3; “ discrimination,” 2;
“ irregular price settlement,” 2; “ shop lockout,” 1; “ nonpayment for
holiday (Columbus D ay),” l . 1 Most of these cases involved either
questions of protocol law or motives. The board has never dead­
locked on questions of fact.
(d) Q u a l i t y o f t h e L e g i s l a t i v e a n d J u d i c i a l W o r k D o n e b y
t h e B o a r d . — The success of collective bargaining naturally depends
on the willingness and constant readiness of the respective parties to
get together. Most of the adjudications of grievances are adjustments
called for by the mutual interests of the parties, rather than for
violations of the provisions of the protocol or lack of faith of the par­
ties on either side. Thus the measure of the quality of the work of
the board is to be found in the fact that 31.56 per cent of the 168
cases referred to the board were compromised. The group compro­
mised is the largest single group according to method of disposition
in the total number of cases adjusted. Specific illustrations, showing




i.There were 12 complaints involving this single issue.

B U L L E T IN OF T H E BU REAU OF LABOR STATISTICS.

8

the quality of the work, will be found in the section entitled “ Com­
prehensiveness of the work of the board.”
(e)
U n if o r m it y o f A p p l ic a t io n o f E s t a b l is h e d P r in c ip l e s
in

the

A

d j u d ic a t io n

of

Cases

I n v o l v in g

C o m p l a in t s

of

an

— There is no doubt that there has been a decided
tendency to adhere steadfastly to established principles in the adjust­
ment of complaints involving identical grievances. The testimony
of the clerks who make the adjustments has been uniformly to the
effect that in the daily performance of their duties they were guided
by such principles. The records show the establishment of definite
principles for the settlement of cases involving “ the making of
duplicates/’ “ underscale paym ents/’ ■ payments for holidays,”
“
“ disputes in settlement of prices/’ “ changing piece price during the
season/’ “ question of out-of-town shops/’ and to a very considerable
extent, “ stoppages.”
A study of the workings of the board of grievances necessarily
involved a survey of all the cases that have arisen since the protocol
came into force.
A total of 7,656 complaints were filed between April 15, 1911, the
date of the creation of the board of grievances, and October 31, 1913.
Of this total, 7,477, or 97.7 per cent, were adjusted by the clerks.
The balance, 179, or 2.3 per cent, were handled by the board of
grievances. Of the latter group, 159 were settled by the board.
The remaining 20, the board being unable to agree to their settlement,
were referred to the board of arbitration for final adjudication,
though it would be erroneous to suppose that the board of grievances
actually deadlocked on 20 issues. Among the 20 cases referred to
the board of arbitration, 12 involved the same disputed point— the
Columbus Day controversy. Thus, the board of grievances, if
issues instead of numbers are to be considered, actually deadlocked
in only 9 cases. This number is 5.36 per cent of the total number of
cases (168) actually handled by the board of grievances and 0.1 per
cent of the total number of cases that arose during the entire period
of the existence of the protocol.
With reference to the disposition of the “ deadlock” (no decision)
cases over the entire period, it should be noted that while one-third
of the deadlocks occurred in the first two-thirds of the period April 15;
1911, to December 31, 1912, the remaining two-thirds of the dead­
locks occurred in the last third of the period, since January, 1913.
This fact was cited by the unions as their justification of the demand
for a change in the constitution of the board of grievances. The
causes of this apparent^ extraordinary uneven distribution of dead­
lock cases will be found in the special study of “ No decision” cases
below.
I d e n t ic a l N

ature.




PLAN*OF*PER MANENT-P EACE*AGREEMENT
PROTOCOL OF SEPT Z 1910

CLOAK SUIT AND SKIRT FNDU5TRY
GREATER NEW YORK

35612°—Bull. 144—14.




(To face page 8.)

INDUSTRIAL COURT OF CLOAK, SUIT, AND SKIRT INDUSTRY.

9

GENERAL WORKINGS OF THE PROTOCOL AS REGARDS GRIEVANCES.

In the accompanying chart is shown an outline of the workings of
the protocol, so far as it relates to the handling of grievances.
A complaint originates with one of the parties to the agreement:
The joint board of affiliated local unions of the International Ladies’
Garment Workers’ Union or the Cloak, Suit, and Skirt Manufacturers’
Protective Association. The individual worker or manufacturer
presents his complaint to the proper officer of his organization, who
files copies of the formal complaint with the manager of the protocol
division, for the unions, and the manager of the labor department,
for the association, respectively. These two officials serve in a dual
capacity— as managers of the departments mentioned and as clerks
of the board of grievances.
Each complaint filed with these officials is assigned by them to
two deputy clerks, one representing the union and one representing
the manufacturers’ association. The deputy clerks conduct an
investigation on the premises. If an agreement is reached, the
proper disposition is recorded. Approximately 90 per cent of all the
cases terminate in a settlement by this method.
In case of disagreement following the investigation by the deputy
clerks, the clerks of the board of grievances themselves take up the
complaint and conduct a reinvestigation. When this reinvestigation
results in a settlement satisfactory to both sides, a record is made.
Approximately 8 per cent of the total number of cases are adjusted
by the clerks.
In case of disagreement following the reinvestigation by the clerks,
the complaint goes automatically before the board of grievances.
About 2 per cent of the total number of cases reach the board of
grievances.
The board of grievances, if necessary, reinvestigates and conducts
a trial. The records show that it succeeds in adjusting about 90
per cent of the cases that are referred to it.
Only one-tenth of 1 per cent of the grand total number of cases
that have arisen were referred for final adjudication to the board of
arbitration, the supreme court of the trade.
BOARD OF GRIEVANCES AND ITS WORK AS AN INDUSTRIAL COURT.
PLAN AND SCOPE OF WORK.

The board of grievances (originally the committee on grievances)
is essentially a trade court, and since it is composed of an equal number
of members representing each side, occasions may arise in which the
court may be equally divided, and thus fail of a decision. To forestall
such deadlocks, and also to provide for a tribunal to pass upon
disputed questions of interpretation of the provisions of the protocol,




10

B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.

and the more general and important controversies between the parties
to it, a board of arbitration was created. The board of arbitration
consists of one nominee of the manufacturers, one nominee of the
unions, and one representative of the public.
The grievance committee established by the protocol was largely
an experiment. The provisions of the protocol were very meager
on the question of the jurisdiction of the committee, and wholly
failed to provide proper rules for its procedure. The grievance
committee thus had to evolve its own methods in the light of its
experience and the exigencies of the situation as they arose from
time to time. A few months after the organization of the committee
it w^as found necessary to increase the number of its members and to
adopt certain rules for the orderly hearing and disposition of com­
plaints. Finally, it was attempted to formulate a complete and
comprehensive set of rules of procedure for the committee, and,
in that attempt, certain differences of opinion developed between
counsel for the two sides. It was therefore agreed that these differ­
ences be submitted to the board of arbitration to the end that definite
rules and plans of procedure be established.
The representatives of the parties to the protocol met to con­
sider this subject and agreed upon a large number of proposed rules,
among others increasing the number of members of the committee
to 10, five representing each side, and changing its name to “ board of
grievances.” The points upon which the parties failed to agree
were submitted to the board of arbitration for settlement.
One of the differences arose over a provision, urged by the unions,
which w
rould in effect authorize the representatives of the unions
upon the board of grievances or other persons designated by them, to
inspect shops, even where no formal complaint had been lodged
against the employer, in order to ascertain whether the provisions
of the protocol were being lived up to in such shops, and also in
order to afford the unions an opportunity to investigate informal
complaints, so as to determine whether they should be brought before
the board of grievances. It w as urged on behalf of the ujiions that
T
in the absence of such a provision, complete justice could not be
done the employees for the reason that many of them would fail to
present grievances, even if they were thoroughly justified, for fear
of being disciplined by the employer; and that, on the other hand,
a preliminary investigation on the part of the unions would obviate
the necessity of bringing before the board of grievances complaints
of a trivial jiature. The manufacturers' association objected on the
ground that frequent and arbitrary visits of union representatives
might stimulate fancied grievances, disturb shop routine, and cause
friction between the employers and employees. The board of arbitra­




in d u s t r ia l

court

of

cloak

,

s u it

,

and

s k ir t

in d u s t r y

.

11

tion, recognizing the strength of the arguments on both sides, settled
the matter by the adoption of the following rule:
The clerks shall hold office for one year or until their successors are elected. Each
clerk shall appoint as many deputy clerks as shall be required for the expeditious
transaction of the business of the board.
Upon the written request of any member of the board of grievances a committee
of two, consisting of members of the board or of clerks or of deputy clerks, shall visit
any shop for the purpose of ascertaining whether the provisions of the protocol are
being observed, and report on the conditions of such shop to the board.
This provision to be adopted as Section IY of the rules and plan of procedure of the
board of grievances.

Another difference arose over the methods of securing speedy ac­
tion on the part of.the board of grievances and effective execution
of its decrees. The board of arbitration settled this difference by
the adoption of Sections X V II, X V III, and X I X of the rules and
plans of procedure of the board of grievances.
As finally adopted the rules and plan of procedure of the board of
grievances are as follows:
R ules an d

Plan

of

P r ocedure A dopted b y the

B oard

of

G r ie v a n c e s .

For brevity, the manufacturers’ association is herein referred to as the “ manu­
facturers,” the local unions and joint board are referred to as the “ unions,” and
where both parties are meant they are referred to as the “ parties.”
THE BOARD OF G RIEVANCES.

I. Immediately upon the adoption of these rules and plan of procedure, the mem­
bers of the grievance committee, appointed pursuant to the protocol of peace, shall
constitute themselves into a board, and shall thereafter be known as “ The Board of
Grievances.”
Hereafter in these rules it will be referred to as the “ board.”
II. The board shall immediately elect two chairmen, one from each side, who shall
preside alternately for two weeks.
TERM OF OFFICE.

III. These officers shall hold office for one year, or until their successors are elected.
OFFICE OF CLERKS.

IV. The clerks shall hold office for one year or until their successors are elected.
Each clerk shall appoint as many deputy clerks as shall be required for the expedi­
tious transaction of the business of the board.
IJpon the written request of any member of the board of grievances a committee of
two, consisting of members of the board or of clerks or of deputy clerks, one repre­
senting each side, shall visit any shop for the purpose of ascertaining whether the
provisions of the protocol are being observed, and report on the conditions of such
shop to the board.
V. A chairman shall preside at all meetings.
QUORUM.

VI. The board shall consist of five members from each side. Three members from
each party (the manufacturers and the unions) shall constitute a quorum of the board.




12

B U L L E T IN OF TH E BU REA U OF LABOR STATISTICS.
REGULAR M EETINGS.

VII. The board shall meet regularly at designated and appointed times and place
once a week. Meetings may be postponed by mutual consent, and records of such,
postponement shall be recorded on the minutes.
SPECIAL M EETINGS.

VIII. Special meetings of the board shall be called only in case of emergency,
or where prompt or immediate action is necessary, and may be called by the chairman
of either side.
CALENDAR.

IX . The board shall have a regular calendar at each regular meeting. The clerks
shall prepare a calendar of cases to be disposed of, and such cases shall be disposed
of in regular order, unless special rules be made by the board.
ORDER OF TRIAL.

X . Cases shall be placed upon the calendar in the order in which they are received,
i. e., in the order of the date of the filing of the complaints.
TRIALS AN D H EA RIN GS.

X I. No case shall be taken up by the board until a complaint is filed in writing.
As soon as a complaint is filed the clerks or their deputies shall make every effort to
adjust the controversies. If the clerks agree, their decision shall be binding on both
parties, but either party has the right to appeal to the board if dissatisfied with the
decision of the clerks. If the clerks fail to agree on a verdict, the complaint, together
with the reports of the clerks, setting forth their findings as to the facts, shall be pre­
sented at the next meeting of the board. If the reports of the clerks agree, the board
shall then dispose of the matter. If issues are raised by the two reports, the case
shall be placed upon the calendar for trial, and the issues shall be the issues thus raised by
the reports of the clerks. At the time of trial both sides shall be heard and both parties
shall offer their proofs, and the board shall receive and consider them. The board
shall refer disputed questions of fact to any subcommittees of the board, equally
constituted from both parties, who shall report their decisions in writing to the board.
If both parties agree, the decision shall be final; but in case any question of principle
is involved in the decision, the party deeming itself aggrieved may take an appeal
to the board of grievances, which appeal shall be heard by the board of grievances
as any other matter presented to them.
DECISIONS.

X II. A majority vote shall be necessary to a decision. Both sides shall have an
equal number of votes. In the event of a failure to arrive at such decision, the issues
undecided shall be immediately framed and presented to the board of arbitration,
as hereinafter provided.
ORDERS AND ENTRIES OF DECISIONS.

X III. All decisions of the board shall be reduced to writing, and orders thereon
shall be entered by the clerks.
The filing of an order with the clerks shall constitute notice to each party.
DUPLICATE RECORDS.

X IV . All records of the board shall be kept in duplicate by the clerks, one to be
filed with the manufacturers and one to be filed with the unions.




IN D U ST R IA L COURT OF CLO AK , SU IT , AND SK IRT IN D U ST R Y .

13

SA NITAR Y MATTERS.

XV. The board will not consider any grievances relating to sanitary conditions.
These should be addressed to the board of sanitary control.
W RONGFUL DISCHARGE OF EMPLOYEES OR DISCRIMINATION.

X V I. If the grievance arises because of the wrongful discharge of an employee or
because of discrimination on the part of the employer, the finding of the board in
favor of the employee shall entitle him to back pay in full during the period of his
unemployment, pending hearing and determination of the grievance.
SHOP STRIKE, LOCKOUT, OR G ENERAL REFUSAL TO W O R K .

X V II. If a grievance arises because of the general stoppage of work of a shop or
department of a shop, either by direction of the employer or because of or by the
concurrent action of the employees, upon complaint received the clerks or their
deputies shall immediately proceed to the shop or department where the trouble
occurs. If the employer is responsible for the stoppage, he shall, upon the demand
of the clerks or their deputies, immediately recall all his employees pending the
adjustment by the board of any grievance he may have, and he shall thereupon frame
and present his grievance. If the employees are responsible for the stoppage, notice
shall be immediately given to them to return to work pending adjustment of the griev­
ance by the board, and the chairman of the price committee shall immediately direct
them to return to work.
VIOLATION OF SECTION X V II OF THE PEACE PROTOCOL.

X V III. A violation of the provisions of Section X Y II of these rules or of Section
17 of the protocol by either employer or employee shall constitute a grievance to
be presented to the board of grievances. If, after hearing, the board finds the de­
fendant guilty, the order of the board shall be made the basis of prompt discipline
in the association or the unions, as the case may be. Such discipline shall consist
of a suitable fine or expulsion. The action so taken shall forthwith be reported in
writing to the board of grievances.
All names of candidates for membership in the association shall be submitted by
the latter to the unions before the admission of such candidates in order to afford
such unions an opportunity to acquaint the association with the records of such can­
didates in respect to the conditions of their factories and their treatment of employees.
POSTING OF THESE NOTICES.

X IX . Copies of the three preceding paragraphs and of Section 17 of the protocol
in English and translations thereof in Italian and Yiddish shall be posted in every
shop of the manufacturers and in all the meeting rooms of the unions immediately
upon the adoption of this plan.
MATTERS FOR THE BOARD OF ARBITRATION.

X X . (a) If the board of grievances shall find, after the hearing of any case before
it, that it can not arrive at a decision in accordance with the rules herein provided, it
shall immediately request the board of arbitration to convene and hear the case.
Wherever practicable it shall reduce the issue to an agreed statement of facts or prepare
and submit for decision specified questions. So far as practicable it shall relieve the
board of arbitration of the necessity of taking testimony upon the disputed questions
of fact.




14

B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
G EN ER AL A B U SE S OR GRIEVAN CES.

(b)
If the board of grievances shall find any general grievance or abuse which
either party has failed, after due opportunity, to correct, or if either party fails ade­
quately to discipline members found guilty by the board of grievances, such matters
may be presented by the party aggrieved to the board of arbitration for redress, either
through its counsel or through its officers, and the hearings thereon shall be public.
CONFERENCE OF BOTH PARTIES CALLED B Y TH E BOARD OF G R IEVAN C ES.

X X I. Whenever, in the opinion of the board of grievances, a general situation
arises requiring adjustment by both organizations, or revision or amendments of the
protocol, it shall call a conference of both organizations by duly authorized repre­
sentatives to consider and discuss such matters. If such conference fails to agree,
the situation shall be presented to the board of arbitration for adjustment, pursuant
to the terms of the protocol.
VIOLATIONS OF THESE RULES.

X X II. Failure to observe any of the provisions of this plan and rules shall consti­
tute a grievance to be tried before the board.
COMPLAINT TO THE BOARD OF ARBITRATION.

X X III. Failure to respond in due course to any notice given by the clerks shall
constitute a grievance to be tried before this board. Repeated violations shall be the
basis of complaint to the board of arbitration.
FAILURE TO COMPLY W ITH ORDERS OF THIS BOARD .

X X IY . Failure to comply with any decision or order of the board shall constitute
a grievance against the party to be presented to the board of arbitration.
NEGLECT OF D UTY ON THE PART OF M EM BERS OF THE BOARD .

X X V . Neglect of duty on the part of any member on the board shall be a griev­
ance to be presented to the board of arbitration.
DISQUALIFICATION OF M EM BERS.

X X V I. No member of the board interested in a case shall sit in review thereof.
FAILURE TO ATTEND MEETING OR REFUSAL TO VOTE.

X X V II. Any member of the board failing to attend a meeting of the board or refus­
ing to vote in a case heard by him, shall furnish such explanation, or, in case it shall
be deemed inadequate by either party, the matter may be presented to the board of
arbitration by the aggrieved party, either through its counsel or through its officers.
APPEALS.

X X V III. Either party deeming itself aggrieved may appeal to the board of arbitra­
tion from any order or decision made by the board of grievances upon giving notice
thereof to the clerks within 30 days after the service of a copy of such order or decision.
ORDER OF B U SIN ESS.

X X IX . Until further revised, the order of business of the board shall be as follows:
1. Report of clerks on adjusted matters.
2. New complaints.
3. Old complaints adjourned for answer.
4. Trials of issue presented.
5. Matters for the board of arbitration.
6. Matters for conference.




IN D U ST R IA L COURT OF C LO A K , SU IT , AND SK IR T IN D U ST R Y .

15

MACHINERY OF THE BOARD.

On the side of the unions, the machinery of the board of griev­
ances consists of five members and a clerk, named by the joint board of
the cloak and skirt makers’ unions. The investigating force of
deputy clerks of the board of grievances on the union side are not
elected by the joint board; they are chosen for six months by a gen­
eral election of the entire membership of the unions.
The scheme is as follows: Each of the local unions nominates
candidates. These candidates are subjected to an examination by
a committee of the joint board. An eligible list is prepared on which
the applicants are rated “ a,”
“ c ” and “ d,” according to their
ability and experience. A general ballot with the names arranged
under their respective ratings is then prepared, from which the mem­
bers of the unions voting in different halls, arranged according to con­
venient localities, select 30 business agents for the entire trade.
The joint board of the cloak and skirt makers7 unions selects from
these 30 business agents a corps of 4 or 5 who, with a district manager
chosen from among the staff of elected business agents, constitute
the clerk and deputy clerks of the board of grievances representing
the unions. Sometimes this district manager or clerk is designated
by the joint board, although he was not elected by the union.
On the side of the manufacturers7 association, the machinery of
the board of grievances consists of five members and a clerk chosen
by the executive board of the association. The investigating force
of five deputy clerks is appointed by the clerk.
The records of the board of grievances are technically kept by two
clerks, one representing the unions and one the association. In prac­
tice the clerk of the association acts as secretary of the board of
grievances. He prepares the calendar for the board of grievances,
and his minutes are submitted for acceptance to the secretary rep­
resenting the unions.
The calendar of the board of grievances consists of the following:
1. Reports of clerks on adjusted matter.
la. Cases off the calendar for lack of jurisdiction.
2. New complaints investigated by clerks to be acted upon by the board of griev­
ances. (Cases of disagreement.)
3. Old complaints adjourned for answer. (Cases laid over or cases assigned to a
special committee.)
4. Reports of disciplinary actions by respective organizations.
5. Cases uninvestigated or in process of investigation.

Each shop represents a unit in the unions. The employees of the
shop elect the shop chairman and the price committee. In cases
under investigation representatives of the unions may enter the shop
for purposes of investigation only when accompanied by a member
of the association staff of investigators.




16

B U L L E T IN

OF TH E BUREAU OF LABOR STATISTICS.

METHOD OF PROCEDURE IN ADJUSTING DISPUTES.

When the workmen in a shop formulate a grievance against the
employer, the elected representative of the men in the shop, known as
the shop chairman, presents this grievance to the firm or its repre­
sentative in charge of the factory. In many cases the dispute is
adjusted then and there.
Sometimes the firm fails to meet the demand of the employees as
voiced by the shop chairman, claiming that the action complained of
does not constitute a violation of the protocol or the rules of the
board of grievances, or the men may feel that in seeking redress for
this particular grievance they wish to have the support of their
unions in the contention. In such situations the men inform the
unions of their grievance. A complaint is then filed in the office of
the manufacturers* association, stating the grievance in specific
terms.
When this complaint appears to be a definitely established point
on which the board of grievances has already ruled, the manufac­
turer is informed by letter by the office of the manufacturers’ asso­
ciation that the complaint filed by the unions is well founded, and the
firm is instructed to comply with the decision of the board of griev­
ances which covers this particular case.
When the complaint is not based on the claim of a definite or
established rule, but involves a dispute of facts or an interpretation
of the same, then a representative of the association and a represent­
ative of the unions, acting in the capacity of clerks or deputy clerks
of the grievance board, as the case may be, call upon the firm and
present the grievance as it is formulated in the written complaint.
A similar procedure is followed in case a manufacturer finds that
the men refuse to do certain things because they claim that they are
within their rights to refuse the request of the manufacturer. In
this case he files a complaint with the association. The association,
in turn, files a complaint with the unions. It is understood, of course,
that this procedure is not necessary in the case of a dispute between
the manufacturer and an individual workman. The right of dis­
charge is restricted only by the right of the workman to file a griev­
ance if he thinks he was unjustly discriminated against. Such matter
may become a subject for investigation and adjustment.
After complaints are filed a docket is prepared in which the cases
are numbered and analyzed. By mutual agreement cases of pressing
importance are taken up first, but a charge of “ stoppage of w ork” or
“ lockout” takes precedence. Next in order of importance are cases
where delays would entail a monetary loss to the manufacturer.
When the representatives of the unions and of the association take
up this matter with the firm they act in a threefold capacity— first,




IN D U ST R IA L COURT OF C LO A K , SU IT , AND SK IRT IN D U ST R Y .

17

as representatives of the board of grievances they expound its rules
and regulations; second, as representatives, respectively, of employer
and employee they voice the position of the respective sides on the
question in dispute; third, they act in the capacity of mediators, their
underlying motive being to adjust the difficulty in this particular
case and, at the same time, to establish a permanent feeling of peace
and harmony, on the basis of the protocol, in that particular shop.
At the time the clerks take up this matter with the firm the shop
chairman, or representative of the men in. the shop, is present, and
sometimes also the committee which negotiates prices on piecework.
The firm and the men present their respective sides of the question
to the representatives of the grievance board.
It is a standing rule of the board of grievances that, at the time of
the investigation, all facts, either directly or indirectly relevant to
the dispute, must be presented. If necessary, an investigation of the
shop can be made to ascertain the facts, and employees and the rep­
resentatives of the firm may be called upon to testify.
On the basis of the facts thus brought out the clerks then and there
render a decision either in favor of the firm or in favor of the union,
or the matter is adjusted by mutual agreement. In some cases the
dispute is dropped entirely.
These decisions are made a matter of record, in duplicate form,
with a short abstract of the facts developed at the time of the inves­
tigation.
In accordance with the rules of the board of grievances, all cases
adjudicated in the above manner are reported to the board of griev­
ances as (i adjusted cases.” By mutual consent of the members of
the board of grievances any one of these cases may be reopened.
In cases where the representatives of the board of grievances fail
to agree on a decision immediately, they defer the decision pending
an informal discussion concerning the merits of the case and the prin­
ciples involved and render a decision subsequently. If, after further
consideration, the representatives of the board of grievances still fail
to agree on a decision, the matter is referred to the board of grievances
for action and decision.
When such cases are referred to the board of grievances a joint
report of the established facts is made, together with written state­
ments by the respective sides of the reasons for the disagreement.
The case is then discussed by the members of the board of grievances,
and, after argument, a decision is rendered, or the board of grievances
refers the case for further investigation to the clerks of the grievance
board or to a special committee designated for the purpose. In such
instances special reports on the disposition of the case, if an adjust­
ment is reached, are made to the board of grievances at the next
session.
35612°—Bull. 144— 14------2



18

B U L L E T IN OF T H E BU REAU OF LABOR STATISTICS.
APPEALS FROM DECISIONS OF THE BOARD.

Section 14 of the protocol provides for the establishment of a board
of arbitration to serve as a final court of appeal. The section reads
as follows:
The parties hereby establish a board of arbitration, to consist of three members,
composed of one nominee of the manufacturers, one nominee of the unions, and one
representative of the public, the latter to be named by Meyer London, esq., and Julius
Henry Cohen, esq., and, in the event of their inability to agree, by Louis Marshall, esq.
To such board shall be submitted any differences hereafter arising between the par­
ties hereto or between any of the members of the manufacturers and any of the mem­
bers of the unions, and the decision of such board of arbitration shall be accepted as
final and conclusive between the parties to such controversy.

Pursuant to the above the following were appointed as members
of the board of arbitration: Louis D. Brandeis, of Boston, Mass., as
representing the public; Hamilton Holt, of New York City, represent­
ing the Manufacturers’ Protective Association, and Morris Hillquit,1
of New York City, representing the Cloak and Skirt Makers’ Unions.2
LEGISLATIVE FUNCTIONS OF THE BOARD.

While the board of grievances is the industrial court of the trade,
its function is not simply to conciliate and adjudicate; it also legislates.
This function of the board is performed in two ways: (a) Indi­
rectly, by establishing definite rulings with reference to specific prob­
lems, and (6) directly, by resolving itself into a joint conference.
MEETINGS OF THE BOARD.

According to Sections Y II and V III of the rules of procedure, the
meetings of the board of grievances are regulated as follows:
Y II. The board shall meet regularly at designated and appointed times and places
once a week. Meetings may be postponed by mutual consent, and records of such
postponement shall be recorded on the minutes.
V III.
Special meetings of the board shall be called only in case of emergency, or
where prompt or immediate action is necessary, and may be called by the chairman
of either side.

Prior to the month of November, 1912, the board of grievances
met at irregular intervals. The chief clerks of either side, whenever
a contingency arose, could demand that the board of grievances
convene immediately. In cases of emergency involving serious
complaints the board could be called together within 24 or 48 hours.
i ln the spring of 1913 Dr. Walter E. Weyl was appointed in place of Morris Hillquit.
a Bulletin 98 of the Bureau of Labor, p. 251. In February, 1913, Dr. Henry Moskowitz was, by agreement
of the two parties to the protocol, designated as clerk of the board of arbitration.




IN D U ST R IA L COURT OF CLO A K , S U IT , AND SK IR T IN D U ST R Y .

19

From April 15, 1911, to October 31, 1913, the board of grievances
held 40 sessions. On November 11, 1912, Rule V II of the plans of
procedure of the board of grievances was amended as follows:
The board shall meet regularly the first Tuesday after the first Monday of the month.
The board may at such meetings resolve itself into a conference.1

Notwithstanding the adoption of this rule, the meetings of the
board continue to be irregular to this very date. Following the meet­
ing of September 28, 1913, the board had no session for over two
months. Apparently, there really is no necessity for meetings at
regular intervals.3
GENERAL DISPOSITION OF CASES.

As has already been stated, the great bulk of the cases brought
before the board of grievances were adjusted by the clerks or their
deputies, this being the simplest manner of settlement possible with
the machinery of the board. About 2 per cent of the cases were
adjusted by the board acting as a body. The board was unable to
agree as to the disposition of only 20 cases, involving in reality only
9 issues. The number and per cent of cases adjusted by the clerks,
the board of grievances, and the board of arbitration are shown in
the following table:
MEANS OF ADJUSTMENT OF GRIEVANCES, A P R . 15, 1911, TO OCT. 31, 1913.

Means of adjustment.

Number. Per cent.

By clerks and deputy clerks.......................
By board of grievances......................................
By board of arbitration..............................

7,477
159
1 20

97.7
2.1
0.3

Total.............—.....................................

7,656

100.0

i Twelve “ nonpayment for legal holiday” complaints—the Columbus Day controversy—were filed on
the same date and involved the same issue. Thus, actually, only 9 cases, or 0.1 per cent of the total, were
referred to the board of arbitration.
SEASONAL FLUCTUATIONS IN THE NUMBER OF COMPLAINTS FILED.

The table following shows the cases handled by the clerks and by
the board of grievances from April 15, 1911, to October 31, 1913, the
former cases being presented by months and by six-month periods
and the latter by dates of meeting of the board and by six-month
periods. The average number of cases attended to per month is also
shown for each period.
1 Minutes, board of grievances, Nov. 11,1912, p. 185.
2 Idem, Dec. 4,1913, pp. 4-8, 55-58.




20

B U L L E T IN OF TH E BU REAU OF LABOR STATISTICS.

CASES BROUGHT BEFORE CLERKS AND D EPU TY CLERKS, BY MONTHS AND B Y SIXMONTH PERIODS, AND CASES R E F E R R E D TO BOARD OF GRIEVANCES, B Y DATES
OF MEETING AND BY SIX-MONTH PERIODS, A PR. 15, 1911, TO OCT. 31, 1913.
Cases brought before clerks and deputy clerks.

Cases referred to board of grievances.

Number for six
months.
Month.

Number for six
months.
Date of meeting.

Number.
Total.

1911.
April 15 to 30..........
May..........................
June.........................
July..........................
August......................
September...............
October....................
November................
December.................

50
151
147
166
192
142
151
148
109

1912.
January....................
February...........; . . .
March.......................
April.........................
May..........................
June.........................
Julv..........................
August......................
September...............
Octobac....................
November................
December.

75
171
183
214
204
183
363
290
252
383
332
289

1913.
January....................
February.................
March.......................
April.........................
May..........................
June..........................
July..........................
August......................
September...............
October....................

329 • 1,779
307
245
277
326
373
383
2,303
442
466
313

949

900

Number.

Average.

Total.
1911.
April 15 to 30.........
May 4......................
May 10....................
May 16....................
May 25....................
June 1.....................
June 22...................
July 7......................
July 20....................
August 1.................
September 12.........
November 9............
November 16..........
November 29..........
December 15..........

158.2

150.0

Average.

21
8 '
2
7
2
5
11
5
1
6
2
2
5

:
:
!
I
!

55

9.2

36

6.0

37

6.2

!
:
j

Total..............

7,656 j

7,606

2
5
4
4
6
1
2
2
1
1
5
11
5
1
8
12
2
3

13

3.0

1913.
February 10............
Mav 15....................
! August 13...............
September 5...........
September 26.........

1,675

1912.
10..............
279.2 January 22..............
January
February 3..............
March 2...................
March 15.................
May 6......................
May 8......................
10....................
296.5 May 14....................
May
June 24...................
July 12....................
July 19....................
July 23....................
August 30...............
September 19.........
383. 8 November 11..........
December 3 ............
! December 17..........

1
5
1
4
2

12

2.0

179

158

i

Total

!
!
!
:
j'
!

The accompanying chart, based on this table, is intended to show
in a graphic manner the fluctuations in the number of complaints
filed caused by the seasonal character of the industry. The upper
line of this chart represents the number of complaints filed during
the year August, 1912, to July, 1913, inclusive, by months. The
lower line represents percentages of the average pay roll for the same
period.
Though certain classes of grievances, such as complaints against
stoppages, occur mostly in the busy part of the year, while others,
such as complaints for alleged discrimination, wrongful discharge,
etc., occur mostly during the dull times, these apparent^ opposite
tendencies seem to equalize each other, and the movement of the




CASES
-3000

B oard




of Grievances ------- C loak , S u it , and

S k ir t I n d u s t r y ----------- - — P er io d s

of

6 Months

Pe r cen t

300-

1912
480

A ugust

1913
S eptem ber

N ovember

O ct o b er

De c e m b e r

460

Fe b r u a r y

Ja n u a r y

S

e a s o n a l.

N um ber c f

arch

FLUCTUATIONS

JLM XHE_______

440

M

A p r il

Ma y

J une

J u ly
460
440

C o m p l a in t 5

420

420

400

400

380

380

360

360

340

340

320

320
C o m p l a i n t s ..

300

300
.._____ _ J _ J

1“

280

20
B

260

260

240

240

220

220

200

200

180

180

160

160
140

140

120

L

Pa y r o l l

-120

100

100

80

80

60

60

40

40

20

20

0

T otal N u m b e r

of C o m p l a in t s

Fr e d ,

By M o n t h s

----------- ---------------

P e r c e n t a g e of A v e r a g e W e e k l y Pa y r o l l P a i d Ou t Ea c h W h e k , A v e r a g e By M o n t h s 35612°—Bull. 144—14. (To face page 20.) No. 2.



0

IN D U ST R IA L COURT OF CLO AK , SU IT , AND SK IR T IN D U ST R Y .

21

complaints is almost uniformly in an opposite direction to the move­
ment of the season.
From this it may reasonably be inferred that the busier the time
the smaller the number of complaints filed. As it is relatively easy
to get employment at such periods, the workmen, who comprise the
larger number of complainants, prefer to find other positions rather
than to make complaints and wait to be reinstated, recompensed, or
redressed.
This generalization seems to be confirmed by the chart, beginning
with the month of November. The apparent exceptional nature of
the relation between the complaints and the pay roll during the months
of August, September, and October of the year of 1912 is probably due
to certain clerical irregularities on the part of the clerks who handled
the complaints. Very frequently cases are settled but not reported
as adjusted until some later period. The clerks then get together and
“ sign u p ” cases by the scores. That is probably what happened in
the months of August, September, and October, 1912.
Another chart, based on the figures in the table on page 20, is here­
with presented to show the fluctuations in number of complaints from
May, 1911, to October, 1913, by six-month periods. In Section A of
this chart the rectangles represent the total number of complaints
attended to during each six-month period. The solid black part of
each rectangle represents the part of the total that was referred to
the board of grievances for adjudication. As can easily be seen,
while the totals (represented by the rectangles as a whole) are increas­
ing at a materially high rate, the respective parts of each of them that
was settled by the board of grievances (the solid black) is decreasing.
From period to period a relatively higher and higher percentage of
the total is settled by the clerks, while a relatively lower and lower
one is referred to the board of grievances. Section B represents the
same facts as Section A, but in percentages instead of absolute num­
bers. The tendencies are essentially the same. While in the first
six months 5.8 per cent of the cases were referred to the board of
grievances, in the last six months the percentage unsettled by the
clerks and referred to the board of grievances amounted to one-half
of 1 per cent.
Section C represents changes in the number settled by the clerks
and by the board in terms of percentages of the initial number, i. e.,
the number for the first six-month period is taken to be 100 per
cent and the rest of the periods are figured in percentages of this
initial number. This was done to bring out the tendencies of the
two movements in as clear a manner as possible.
Even a cursory inspection of this chart will show the diametrically
opposite directions in which the number of complaints attended to
by clerks and by the board are moving. While the tendency for the
cases settled by the clerks is constantly upward, the tendency of the



22

B U L L E T IN OF T H E BU REAU OF LABOR STATISTICS.

movement of the cases passed on to the board of grievances is con­
stantly downward.
The reason for these tendencies can be found chiefly in the gradual
emergence of definite rulings and of clear principles with respect to
many complaints arising from the very nature of the industry. Defi­
nite rulings and principles have been established with reference to
many problems, notably in the matter of price settlement in inside
and outside shops, duplicates, underscale payment, status of non­
union men, discharge of week workers in middle of week, sample
making, etc.
The establishment of such rulings makes it relatively easy for the
deputy clerks of both sides to agree upon the disposition as soon as a
mutual agreement with regard to the facts has been reached. Credit
for this experience in the handling of the cases must be given to the
complaint departments of the unions and of the association, and par­
ticularly to the individual clerks of both sides.
TIME CONSUMED IN THE ADJUSTMENT OF CASES.

Two time elements are involved in the settlement of cases— the
precise date of the complaint with reference to the action of the respec­
tive authorities and the length of time necessary to enable the clerks
to adjust the difficulties. The records of the respective organizations,
however, do not give such detailed information, although very
frequently the date of the complaint (which by no means can be
considered as the time when the clerks attended to it), as well as the
date of the disposition, are given. These, particularly the latter, can
not be taken at their face value. The formal, routine part of the
work of the clerks has not as yet been absolutely standardized. The
actual adjustment, whatever it may be, comes first; the record, its
actual date, is of secondary importance only.
There is no doubt that very frequently the clerks, by mutual con­
sent, try to avoid the sharpening of issues and attempt to “ dodge”
those which, in their opinion, will evaporate in a very short period of
time. It happens frequently that the clerks are so busy adjusting
cases that they have no time to record the adjustment until some
later time. Many cases die a natural death; the respective com­
plainants, for some reason or other, do not care to press the issue,1
and of course it is not the business of clerks to stir up complainants.
Thus it happens that the records of settlements are made “ in bunches”
and cases are “ signed u p ” by scores.
i Chairman B k a n d e i s . In referring to the dropped cases, and in indicating, as he (Mr. London) and
Dr. Hourwich said to-day, that cases were dropped in a certain sense in despair of ever getting a decision
within an adequate time, Dr. Hourwich in presenting to-day Mr. PolakofTs testimony on that subject
seemed to us to bring to our attention a matter of very great importance, namely, that these dropped
cases wrere to a considerable extent due, not to a disbelief over the open-mindedness of the board of griev­
ances, but were due to a considerable extent to a refusal of those who had caused cases to be started, who
had brought complaints, a refusal to follow up the complaints, even to the point of submitting the facts or
of testifying in any form before a clerk.—(Proceedings, board of arbitration, Oct. 12 and 13,1913, pp. 380,381.)




IN D U ST R IA L COURT OF CLO AK , SU IT , AND SK IR T IN D U ST R Y .

23

For this reason it would be almost impossible to estimate the
length of time that it actually takes to settle a case. This unit,
whatever it is, can be only a statistical abstraction. Its size will
depend upon many factors, chiefly upon the following three: (1) The
nature of the grievance; (2) the relations between the parties in the
particular shop where the troubles arise; (3) the season of the year.
Generally speaking, as a matter of mutual understanding between
the clerks of the respective sides, stoppages and lockout and dis­
charge complaints claim priority over all other cases. No causes
that ought to have arisen, and have not, have been found. As a
general proposition, it may be safely stated that the cases are settled—
or, rather, attended to— regularly.
The fact that some cases are “ dodged ” by mutual consent— laid
over till the issue in them evaporates— speaks well for the judgment
of the clerks. Cases, in the order of their urgency, are attended to
almost immediately. The actual time necessary for the adjustment
varies from one hour, when, for instance, the clerks go to the establish­
ment only to find the case amicably settled, to three or four days,
when facts have to be investigated. In the majority of cases,
however, judging from the large number that were settled by the clerks
without the assistance of the board of grievances, the time consumed
in adjustment was relatively very short.
Taking into consideration the fact that an average of about 335
cases per month were settled during the last year, and that the number
of clerks settling cases was at no time higher than seven pairs, it can
readily be estimated that, on the average, it takes less than one day
to settle a case.
It is very hard to estimate the actual time consumed by the board
of grievances in settling cases. Each case is its own standard of
measurement. The whole procedure is far more formal, and requires
the presence of 10 men. Very frequently the board lays cases over
for further or supplementary investigation.
Generally speaking, the impression is that the board of grievances
can not be charged with extraordinary delay or with loquacity. Cases
are discussed more or less fully as the issues involved in them are
grave and fundamental. The board, at the request of one of the
chief clerks, can be called together in 48 hours. Apparently, there
is no urgency for the board of grievances to meet at regular dates
irrespective of the issues before it. A rule for regular meetings of
the board was passed, but never has been enforced. There is no way
of estimating the actual time that the board of grievances consumes
in settling a hypothetical case. As a general proposition, however,
as in the cases attended to by the clerks, the rapidity of action depends
upon the nature of grievances, the specific relations of parties in the
shop involved, and the season of the year.




24

B U L L E T IN

OF TH E BU REAU OF LABOR STATISTICS.

CASES ADJUDICATED BY THE BOARD OF GRIEVANCES.

As already stated, a total of 7,656 complaints were filed from April
15, 1911, to October 31, 1913. The great majority of these, 7,477,
were adjusted by the clerks, which is the simplest method possible
as regards the machinery of the board of grievances. The remaining
179 cases were brought before the full board and these form the basis
of the following discussion.
SOURCE OF COMPLAINT.

The table which follows gives the number and per cent of these
cases which were filed by the unions and by the association:
NUMBER AND PER CENT OF THE CASES BROUGHT BEFORE THE BOARD OF GRIEV­
ANCES, WHICH W ERE FILED BY THE UNIONS AND BY THE ASSOCIATION, APR. 15,
1911, TO OCT. 31, 1913.

Filed, by—

Number Per cent.
of cases.

Unions.........................................................
Association..................................................

122
57

68.2
31.8

Total..................................................

179

100.0

NATURE OF GRIEVANCES.

The following table shows both for the unions and for the association
the number and per cent of cases filed on account of each grievance:
PERCENTAGE DISTRIBUTION OF COMPLAINTS FILED W ITH THE BOARD OF GRIEV­
ANCES B Y THE U N IO N S A N D B Y THE A S S O C IA T IO N , B Y C LA S S IF IC A T IO N OF N A T U R E
OF GRIEVANCES.
Classification of grievances.

i Number Per cent.
I of cases.

CASES FILED B Y UNIONS.

Discrimination against individuals___. ___
Alleged wrongful discharge...........................
Nonpayment for legal holidays....................
Paying under weekly scale of wages............
Nonprotocol conditions in shop...................
Claim for wages due......................................
Dispute in price making...............................
Inside subcontracting....................................
Duplicates made by week.............................
Irregular settlement of prices........................
Shop lockout..................................................
Nonpayment for Jewish holidays................
Changing of piece prices during season........
Noncompliance with terms of adjustment..
Cutters working by the hour.........................
Illtreatment of employees.............................
Inequitable distribution of work.................
Week worker discharged in middle of week.
Samples made by piece.................................
Unregistered contractor’s shop.....................
T otal.....................................................

27
21
13
i 13
9
8
6
3
3
3
2
2
2
2
2
2
1
1
1
1
122

22.1
17.3
10.7
10.7
7.3
6.6
5.0
2.5
2.5
2.5
1.6
1.6
1.6
1.6
1.6
1.6
.8
.8
.8
.8
100.0

43
4
4
3
1
1
1
57

75.5
7.0
7.0
5.4
1.7
1.7
1.7
100.0

CASES FILED B Y ASSOCIATION.

Shop strike (term agreed upon to designate any stoppage of work).
Interference with conduct of and discipline in factory.....................
Complaint against shop chairman......................................................
Dispute in price making......................................................................
Week worker leaving in middle of week............................................
Union refuses apprentice to cutter.....................................................
Noncompliance with terms of adjustment.........................................
Total.




1 Including 5 cases of “ reduction of piece prices.”

IN D U ST R IA L COURT OF CLO A K , SU IT , AND S K IR T 'IN D U S T R Y .

25

Of the total cases filed by the unions 39.4 per cent were of discrim­
ination and alleged wrongful discharge. Complaints of nonpayment
for legal holidays1 and of underscale payment each made up 10.7 per
cent of the total. The remaining complaints were distributed among
16 different grievances.
The association complaints are chiefly against “ shop strikes/7 a
term mutually agreed upon to denote any cessation of work. Over
75 per cent of the association complaints are of this kind. The
remaining association complaints are made up of six different griev­
ances, the principal ones being: Interference with conduct and dis­
cipline of factory, dissatisfaction with shop chairman, and disputes
in price making.
The following table and chart show the distribution of the 10
chief complaints referred to the board of grievances. Fifty per cent
of all the complaints were due to three causes— one cause on the part
of the association, stoppage of work, and two causes on the part of
the unions, discrimination against individuals and alleged wrongful
discharge. This can not be interpreted as indicating that the protocol
has not succeeded in achieving its main purpose— elimination of strikes
and equitable treatment of the workingmen. The fallacy of such
an interpretation can be seen from the total number of cases easily
adjusted, 7,477, as compared with only 91 cases involving stoppages,
discrimination, and alleged wrongful discharge that were referred to
the board of grievances. These, being the exception, establish the
rule more forcibly.
The following table shows the number and per cent of cases due to
each of the 10 grievances complained of most frequently:
NUMBER AND PER CENT OF THE CASES BROUGHT BEFORE THE BOARD OF
GRIEVANCES WHICH W ERE DUE TO EACH OF THE 10 GRIEVANCES COMPLAINED
OF MOST FREQ U EN TLY.
Grievance.

Number Per cent.
of cases.

Shop strike.........................................................................................................................
Discrimination against individuals..................................................................................
Alleged wrongful discharge................................................................................................
Paying under weekly scale of wages................................................................................
Nonpayment for legal holidays.........................................................................................
Dispute in price making....................................................................................................
Nonprotocol conditions in shop........................................................................................
Claim for wages due...........................................................................................................
Interference with conduct of and discipline in factory...................................................
Complaint against shop chairman....................................................................................

43
27
21
13
13
9
9
8
4
4

24.03
15.09
11.74
7. 27
7.27
5.03
5.03
4.46
2.23
2.23

Total.........................................................................................................................

151

84.38

With reference to frequency of occurrence, “ shop strike,7 the
7
main complaint of the association, is the largest single item in this
group. “ Discrimination against individuals7 and “ alleged wrongful
7
discharge,7 the two main complaints of the unions, come next.
7
1 Including 12 filed on account of Columbus Day controversy.




26

B U L L E T IN




OF TH E BUKEAU OF LABOR STATISTICS.

BOARO OF GRIEVANCES
10 G r ie v a n c e s C omplained of M o st F r e q u e n t l y
APRIL IS 1911 TO OCT 31 1913

C om plaint A gainst 5 mop C hairman

4 C a s e s 2 .2 3 %

In t e r f e r e n c e W it h C o n d u c t Of Fa c t o r y

2.23

C laim For Wa g e s D u e

4.46

N on -P rotocol C o n d it io n s I n S hop

5.03

D is p u t e In Pr ic e M a k in g

5.03

N on -Pa y m e n t For L e 6Al H olidays

13

7,27

Pa y in g Under A g r e e d S c a l e

13

7.27

A lleged Wrongful D is c h a r g e

21

11.74

D is c r im in a t io n A g a i n s t I n d iv id u a l

27

15-09

S hop S t r ik e

43

24.03

151

84.33

Fil e d

p y

U

n io n s =

F i l e d b y A s s ’n -

m m w //A

IN D U ST R IA L COURT OF C LO A K , SU IT , AND SK IR T IN D U ST R Y .

27

The cases relating to the remaining 7 of the 10 grievances were all
filed by the unions, except the 9 “ dispute in price making, ” of which
3 were filed by the association, and “ complaints against shop
chairman” and “ interference with conduct of factory,” of which
4 each were filed by the association.
DISPOSITION OF CASES BROUGHT BEFORE THE BOARD.

The following table presents a statement of the cases brought
before the board, according to the source and nature of the com­
plaints, and shows for each group the number and per cent of cases
disposed of in each specified manner:
DISPOSITION OF CASES BROUGHT BEFORE THE BOARD OF GRIEVANCES, B Y SOURCE.
AND N ATURE OF COMPLAINTS, APR. 15, 1911, TO OCT. 31, 1913.
NUMBER.

Disposition of cases.

Classification of grievances.

Cases
filed
by
un­
ions.

Cases
filed
In
by as­ In favor ComTotal
socia­ favor of as­ pro- W ith ­ Dropped Disa­
gree­
tion, of un­
socia­ mis- drawn.
ment.
ions. tion. ed.

Cases filed by association:
Shop strike....................................- ___
Interference with conduct of and disci­
pline in factory..................................
Complaint against shop chairman.......
Week worker leaving in middle of week
Dispute in price making......................
Noncompliance with terms of adjust­
ment ...................................................
Union refuses apprentice to cutter
Cases filed by unions:
Discrimination against individuals...
Alleged wrongful discharge.................
Nonpayment for legal holidays...........
Nonprotocol conditions in shop..........
Claim for wages due.............................
Paying under weekly scale of wages—
Reduction of piece prices.....................
Inside subcontracting...........................
Duplicates made by week...................
Shop lockout.........................................
Inequitable distribution of work.........
Nonpayment for Jewish holidays.......
Irregular settlement of prices..............
Changingof piece prices during season..
Cutters working by the hour...............
Ultreatment of employees....................
Week worker discharged in middle of
week...................................................
Samples made by piece.......................
Unregistered contractor’s shop............
Dispute in price making......................
Noncompliance with terms of adjust­
ment...................................................
Grand total........................................

43
4
4

1

3

1
1
27
21

13
9

2 !.

122

53

1Including 12 cases involving the same principle, the Columbus Day controversy.
were referred to the board of grievances.




45

1 20

179

Actually only 9 cases

28

B U L L E T IN

OF TH E

BUREAU

OF LABOR

ST A TIST IC S.

DISPOSITION OF CASES BROUGHT BEFOPvE THE BOA R D OF GRIEVANCES, B Y
SOURCE AND N A TU R E OF COMPLAINTS, A P R . 15, 1911, TO OCT. 31, 1913—Concluded.
PER CENT.
Disposition of cases.

Classification of grievances.

Cases
filed
by
un­
ions.

Cases filed by association:
ShoD strike...........................................
Interference with conduct of and dis- i
cipline in factory.............................. ...........
ComDlaint, aeainst shoo chairman____ ______
Week worker leaving in middle of week
DisDiitft in r>rice makin?____________
Noncompliance with terms of adjust­
ment ................................................... '.........
TTninn refuses anrmvntifle to cutter __J ____
Cases filed by unions:
Discrimination against individuals___ 100.0
Alleged wrongful discharge................. 100.0
Nonpayment for legal holidays. . ....... 100.0
Nonprotocol conditions in shop.......... 100.0
Claim for w'ages due............................. 100.0
Paying under weekly scale of wages.. 100.0
Reduction of piece prices..................... 100.0
Inside subcontracting........................... 100.0
Duplicates made by week................... 100.0
Shop lockout..
................... 100.0
Inequitable distribution of work......... 100.0
Nonpayment for Jewish holidays....... 100.0
Irregular settlement of prices.............. 100.0
Changing of piece prices during season. 100.0
Cutters working by the hour............... 100.0
Illtreatment of employees............ ........ 100.0
Week worker discharged in middle
of week ............................................ 100.0
Samples made by piece........................ 100.0
Unregistered contractor’s shop............ 100.0
Dispute in price making...................... 100.0
Noncompliance with terms of adjust­
ment ................................................... 100.0

Cases
filed
by as­ In
socia­ favor
tion. of un­
ions.

100.0
100.0
100.0
100.0
100.0

In
favor
of as­
socia­
tion.

2.32 20.91

34.89

2.32

32.59

6.97 100.0

50.0

50.0
50.0

66. 7

33.3

100.0
100.0
100.0
100.0

100.0

50.0
100.0

100.0
100.0

Grand total..................................... ! 68.2 I '31. 8
i
J

ComTotal.
pro- With­ Dropped. Disa­
gree­
mis- drawn.
ment.
ed.

100.0
100.0

100.0
18.6 11.1
19.0 19.0
7.7
22.25
50.0 *25.’ 6'
50.0
80.0
33.3
33.3
1
1
1
100.0 1
!
1

44.4
28.6

7.4
4.8

44.4
25.0
12.5
20.0

11.1

11.1
28.6

100.0
50.0

50.0

7.4 100.0
100.0
'92.Y 100.0
100.0
100.0
100.0
100.0
100.0
100.0
50.0 100.0
100.0
100.0
66.7 100.0
100.0
100.0
100.0

16.7

166.6
50.0

100.0
100.0
100.0
100.0

22.25
37.5
66.7

66.7

33.3

50.0
100.0
100.0

100.0
100.0 i
j 16. 7 | 16.7

100.0
17.90j 12.30 29.58

100.0
3.91

25.13 111.18 100.0

Most of the terms used in the classification of grievances are plain
enough to be understood by the average reader. A few terms which
are apparently difficult to understand are used here because they were
agreed upon by representatives of both sides to denote specific kinds
of grievances.1 Definitions of these terms follow:
Shop strike: This term was agreed upon to denote any cessation
of work on the part of the employees. Its counterpart is “ shop
lockout.”
Discrimination against individuals: This must be distinguished
from “ alleged wrongful discharge/” although the latter, too, is fre­
quently an act of “ discrimination.” It w^as decided to treat dis­
crimination and wrongful discharge separately. Though wrongful
discharge is often an act of discrimination, discrimination as such is
not always accompanied by wrongful discharge.
i Appendix B, Report on grievance board matters to the board of arbitration.




IN D U S T R IA L COURT OF CLOAK, SU IT , AND S K IR T IN D U S T R Y .

29

Nonprotocol conditions in shop: These are ordinarily used to de­
note noncompliance with one or more of the standard requirements
established by the protocol or, subsequently, by the joint conference.
Paying under weekly scale: This refers to underscale payments of
week workers as against “ reduction of piece prices” or, in other words,
the agreed payment of pieceworkers.
Dispute in price settlement: This term is used to denote difference
of opinion as to how prices should be settled and must be distin­
guished from “ irregular price settlement,” the definition of which
follows:
Irregular price settlement: This denotes grievances involving com­
plaint of violation of the rules to be observed in the settling of prices.
Noncompliance with terms of adjustment: Denotes complaint
against either of the parties failing to comply with the decision of the
proper authorities— clerks, board of grievances, joint conference, or
board of arbitration.
The following table summarizes the number and per cent of the
cases disposed of in each specified way by the board of grievances:
NUMBER AND PER CENT OF THE CASES DISPOSED OF IN EACH SPECIFIED W A Y BY
THE BOARD OF GRIEVANCES, A PR. 15, 1911, TO OCT. 31, 1913.

Disposition.

Number Per cent.
of cases.

Compromised.............................................
Dropped.................................................... .
In favor of the unions................................
In favor of the association.........................
Disagreement.............................................
Withdrawn.................................................

53
45
32
22
i 20
7

Total.....................................................

179

29.58
25.13
17.90
12.30
11.18
3.91
100.0

1 Twelve Columbus Day complaints were filed on same date and involved the same issue.
ally the board of grievances disagreed only in nine cases.

Thus actu­

The disposition of these cases by the board according to the actual
number of issues involved is shown in the table which follows:
NUMBER AND PER CENT OF ACTUAL ISSUES DISPOSED OF IN EACH SPECIFIED
W A Y B Y THE BOARD OF GRIEVANCES, A P R . 15, 1911, TO OCT. 31, 1913.

Disposition.

Number
of issues. Per cent.

Compromised..............................................
Dropped (45) and withdrawn (7)..............
In favor of unions.......................................
In favor of association................................
Disagreement..............................................

53
52
32
22
1
9

31.56
30.94
19.04
13.10
5.36

Total...................................................

i 1G
8

100.0

* Counting twelve Columbus Day complaints as one case.

These disposition groups are shown graphically in the following
chart:




O

B AR O 6 ROANCE5
O D F
D is p o s it io n o f C a s e s
A P R I U S J 9 U -------

BULLETIN

O C T , 5 1 ,1 9 1 3

O
P

S.5(»/ .
*<

I n Favor , of A ss ’ n .

XX

1310

0r.OPPED45 W lT H D £A W N 7

51 *

50.9^

COM
PROM
ISED

53

31 . lo
S

I

n

Fa v o r

of

O
F

9 Ca s e s

BUREAU

D is a g r e e m e n t

THE

U n io n s

LABOR

-

16$
F c a Uios
il o t n n

No t e

jx

C o l u m b u s D ay C o m p l a in t s E q u a l , Q n £ C a 5E .

100.0

STATISTICS.




C
O

□

IN D U ST R IA L COLT
RT OF C LO A K , S U IT , AND S K IR T IN D U ST R Y .

31

Following is an explanation of the terms used in designating the
disposition of cases:
“ Compromised” cases are those in which the investigation showed
a dispute of some kind in which a solution was found which did
not wholly sustain the position of either of the parties.
“ Dropped” cases are those in which the firm and the employees
came to an understanding before the investigation, or (a) those in
which the nature of the complaint was too trivial to press for an
investigation, or (jb) those in which there was insufficient evidence
to establish the charge, or (c) disputes in which the union did not
press for an investigation and solution, or (d) those which investi­
gation showed w
rere disputes between employees and in which the
firm was in no way involved.
Cases adjusted “ in favor of unions” are those in which the griev­
ances complained of by the union were established or those in which
complaints filed by the association were proven unfounded.
Cases adjusted “ in favor of association” are those in which griev­
ances filed by the union are proven unfounded, upon investigation,
or those in which complaints filed by the association are established.
Cases “ withdrawn” are those in which the union or the association
did not press for an investigation of the charges, and withdrew
same.
“ Disagreement” cases are those on which the board of grievances
could reach no positive decision and deadlocked.
Detailed analyses of the specific disposition groups will be found
below. The main significance of the figures as shown in the tables
and on the charts will be found in the “ compromised” group, the
largest one of all. Considering the 12 Columbus Day complaints as
constituting one case, 31.56 per cent of the total number of cases
filed have been compromised. If the dropped and withdrawn cases
are excluded (for the reason that apparently no real issues were
involved in them), the per cent of cases compromised will be 41.7.
This would seem to indicate that in at least 40 per cent of the
grievances neither of the parties was right or wrong; that in at least
this proportion of cases it was not a matter of bad faith, nonen­
forcement of agreement, etc., but a matter of adjustment called for
by the nature of the agreement itself.
JUSTIFIABILITY OF COMPLAINTS AS INDICATED BY THEIR DISPOSITION.

Each grievance, in the first instance, is supposed to be based upon
a real wrong or a real difference of opinion. A grievance that is
withdrawn by the complainant or that is dropped by mutual consent
appears to be no grievance at all. The grievances here classed as
justifiable are those settled in favor of the side filing the complaint.




32

B U L L E T IN

OF T H E BU REAU OF LABOR STATISTICS.

The relative justifiability of the complaints of the unions and of
the association can be seen from the following table:
JUSTIFIABILITY OF COMPLAINTS OF UNIONS AND OF ASSOCIATION.

Number
of cases.

Favorable adjudi­
cation secured.
Number. Per cent.

Complaints filed by unions___
Complaints filed by association.

31

12

25.4
21.1

While the per cent of favorable decisions for the unions shown in
this table apparently indicates that they had a larger proportion of
justifiable cases than the association, it' should be explained that 10
of the cases filed by the unions were decided in favor of the association
and can therefore be classed as unjustifiable complaints, while only
one of the cases filed by the association was decided in favor of the
unions.
The following table shows for the unions and for the association
the number and per cent of favorable decisions of cases filed for
each classified complaint:
DISTRIBUTION OF COMPLAINTS FILED W ITH THE BOARD OF GRIEVANCES AND
PER CENT OF FAVORABLE DECISIONS SECURED, B Y CLASSIFICATION OF NATURE
OF GRIEVANCES.

Classification cf complaints.

Number Favorable decision.
of com­
plaints
Number. Per cent.
filed.

Discrimination against individuals...............
Alleged wrongful discharge...........................
Nonpayment for legal holidays.....................
Paying under weekly scale of wages............
Nonprotocol conditions in shop....................
Claim for wages due........................................
Dispute in price making................................
Inside subcontracting.....................................
Duplicates made by week..............................
Irregular settlement of prices........................
Shop lockout...................................................
Nonpayment for Jewish holidays.................
Changing of piece prices during season........
Noncompliance with terms of adjustment...
Cutters working by the h ou r........................
Ill treatment of employees..............................
Inequitable distribution of work...................
Week worker discharged in middle of week .
Samples made by piece..................................
Unregistered contractor’s shop.....................

18.5
19.0
7.7
61.5
22.2

50.0
16.6
33.3
33.3

100.0

100.0

100.0

Total.
ASSOCIATION.

Shop strike (term agreed upon to designate any stoppage of w ork).
Interference with conduct of aud discipline in factory......................
Complaint against shop chairman.......................................................
Disputes in price making.....................................................................
Week worker leaving in middle of week.............................................
Union refuses apprentice to cutter......................................................
Noncompliance with terms of adjustment..........................................
Total.




1 One association complaint was decided in favor of the unions.
2 Ten union complaints were decided in favor of the association.

20.9
50.0

IN D U ST R IA L COURT OF C LO A K , SU IT , AND SK IRT IN D U ST R Y .

33

Only in 3 kinds of grievances, involving only 4 cases, did the com­
plaints of the unions meet with absolute success— favorable adjudi­
cation of 100 per cent. These are: “ Changing of piece prices during
the season” (2 cases); “ week workers discharged in middle of week”
(1 case); and “ samples made by piece” (1 case). This apparently
exceptional showing can be ascribed to two facts: The relatively
simple nature of the grievances which made it possible to get at the
facts easily, and the definite and clear rulings of the board of grievances
on such matters.
The unions secured favorable adjudication in over 61 per cent
of complaints against underscale payments and in 50 per cent of
claims for wages due. In the grievances that the unions complained
of most frequently, namely, discrimination and wrongful discharge,
they met with comparatively small success; only 18.5 per cent of
cases against discrimination and 19 per cent of cases against alleged
wrongful discharge were adjudicated in their favor. In all prob­
ability this seemingly poor showing can be attributed to the apparent
difficulty in establishing the charges, difficulties due largely to the
fact that very frequently in cases of this nature motives, not acts
in themselves, have to be considered.
The success of the association is very siitiilar to that of the unions.
In the cases complained of least frequently, the highest percentage of
favorable adjudication has been secured. In “ complaints against
shop chairman” the association secured 50 per cent of favorable
decisions. In the group of grievances complained of most frequently,
“ shop strike,” the association secured only 20.9 per cent of favorable
decisions. This is due to the fact that as yet no positively correct
definition of what a “ stoppage” means has been worked out.1
The association maintains that any stoppage acts as an automatic
cause for the discharge of the men involved. The unions deny that;
they contend that every grievance (stoppage included) is a matter
for the board of grievances to adjudicate; that no discharge can take
place without the verdict of the board of grievances. However, m
many cases of stoppage, the association, though protesting, was
satisfied with having the man put back to work immediately.
An analysis of the cases disposed of according to each specified
method follows.




1 See Appendix A.

34

B U L L E T IN OF T H E BU REA U OF LABOR STATISTICS.
CASES SETTLED IN FAVOR OF THE UNIONS.

The following table shows the number of cases settled by the
board of grievances in favor of the unions, classified according to the
complainants and according to the nature of the complaint:
CASES SETTLED IN FAVOR OF THE UNIONS, CLASSIFIED B Y THE NATURE OF THE
GRIEVANCES AND B Y COMPLAINANTS.
Number Per cent.
of cases.

Classification of grievances.

Cases filed by association:
Shop strike...................................................................................................................
Cases filed by unions:
Discrimination against individuals............................................................................
Alleged wrongful discharge........................................................................................
Nonpayment for legal holidays..................................................................................
Nonprotocol conditions in shop.............................................................................
Claim for wages due.................................................................................................
Paying under weekly scale of wages..........................................................................
Reduction of piece prices........................................................................................
Inside subcontracting............ .....................................................................................
Duplicates made by week.............................................................................
Changing of piece prices during season......................................................................
Week worker discharged in middle of week.......... .................................................
Samples made by piece...............................................................................................
Dispute in price making.............................. ............................................................

1

Total.................................................................. ................................................

3.13

5
4
1
2
4
4
4
1
1
2
1
1
1

96.87

32

100.0

1

Most of the cases adjudicated “ in favor of the unions,” as would
naturally be expected, hav« been complained of by the unions them­
selves. Only one case that was filed by the association, a shop strike
charge, has been decided for the unions.1
The highest number of cases decided in favor of the unions w
rere
complaints against discrimination, wrongful discharge, and under­
scale payments, a total of 17 decisions, or 53.13 per cent. This is to
be expected, in view of the fact that most of the cases filed by the
unions are of this character.
CASES SETTLED IN FAVOR OF THE ASSOCIATION.

The following table shows the number of cases settled in favor of
the association, classified according to the complainants and according
to the nature of the complaints:
CASES SETTLED IN FAVOR OF THE ASSOCIATION, CLASSIFIED BY THE NATURE OF
THE GRIEVANCES AND B Y COMPLAINANTS.
Classification of grievances.

Number Per cent.
of cases.

Cases filed by association:
Shop strike...................................................................................................................
Complaint against shop chairman.............................................................................
Week worker leaving in middle of week...................................................................
Cases filed by unions:
Alleged wrongful discharge.........................................................................................
Discrimination against individuals............................................................................
Claim for wages «#ue.....................................................................................................
Dispute in price making.............................................................................................
Total...................................................................................................................

9
2 |
1
4 \
3 I
2
1 J

1

54.5

45.5

22

100.0

1 In the case referred to the firm complained against stoppage of work. The records of the case are meager
and incomplete. In the minutes of the board of grievances the following disposition is given: “ Referred to
executive committee of association for discipline.” From that it was inferred that the contentions of the
firm were not upheld and that the case was decided “ in favor of unions.”




IN D U ST R IA L COURT OF CLO A K , S U IT , AND S K IR T IN D U ST R Y .

35

While only one of the cases decided “ in favor of the unions7 was
7
filed by the association, quite a number of those decided in favor of
the associations— 10 of them, to be precise— were filed by the unions.
These were complaints against discrimination and wrongful discharge,
claims for wages due, and disputes in price making. They make up
45.5 per cent of the total number of cases decided “ in favor of the
association.7 The remaining 54.5 per cent were association com­
7
plaints, chiefly against stoppage of work.
COMPROMISED CASES.

A statement of the cases which were compromised, according as
they were filed by the association or by the unions, and according
to the nature of the complaints, is given in the table which follows:
CASES COMPROMISED, CLASSIFIED B Y NATURE
PLAINANTS.

OF GRIEVANCES AND B Y COM­

Classification of grievances.

Number
of cases. Per cent.

Cases filed by association:
Shop strike...................................................................................................................
Dispute in price making.............................................................................................
Interference with conduct and discipline of factory................................................
Noncompliance with terms of adjustment................................................................
Cases filed by unions:
Discrimination against individuals............................................................................
Alleged wrongful discharge.........................................................................................
Nonprotocol conditions in shop.................................................................................
Claim for wages due.....................................................................................................
Cutters working bv the hour............................................. ........................................
Noncompliance with terms of adjustment................................................................
Dispute in price making..............................................................................................
Illtreatment of employees..........................................................................................
Irregular settlement of prices....................................................................................
Reduction of piece prices..........................................................................................
Paying under weekly scale of wages..........................................................................

15
2
2
1

37.7

12
6
4
2
2
2
1
1
1
1
1

62.3

Total...................................................................................................................

53

100.0

This is the largest disposition group, and the significance of this
fact is explained elsewhere. Of the total number of cases that were
thus disposed of 20, or 37.7 per cent, were filed by the association,
while 33, or 62.3 per cent, were filed by the unions.
Of the 20 association cases that were compromised, 15 were com­
plaints against stoppage of work; 2 involved disputes in price mak­
ing; 2 were complaints against employees for interfering with the
discipline of factory, and 1 was a complaint against noncompliance
with the terms of adjustment made by the proper authorities.
The distribution of compromised cases that were filed by the
unions was as follows: Discrimination against individuals, 12; al­
leged wrongful discharge, 6; nonprotocol conditions, 4; claim for
wages due, 2; cutters working by the hour, 2; noncompliance with
terms of adjustment, 2; paying under agreed scale, 2; disputes in




36

B U L L E T IN

OF TH E BUREAU OF LABOR STATISTICS.

price making, 1; irregular price settlement and illtreatment of em­
ployees, 1 of each.
The first two grievances, viz, discrimination against individuals
and alleged wrongful discharge, constitute a total of 18 cases, or
somewhat over one-half of the total number of cases, that were filed
by the unions and compromised.
DROPPED CASES.

Forty-five of the cases referred to the board of grievances were
dropped. An analysis of these cases, according to complainants and
according to the nature of the complaints, is given in the following
table f
CASES DROPPED , CLASSIFIED B Y NATURE OF GRIEVANCES AND B Y COMPLAINANTS.

Classification of grievances.

Cases filed by association:
Shop strike...................................................................................................................
Interference with conduct of and discipline in factorv............................................
Complaint against shop chairman..............................................................................
Dispute in price making..............................................................................................
Union refuses apprentice to cutter.............................................................................
Cases filed by unions:
Alleged wrongful discharge.........................................................................................
Discrimination against individuals............................................................................
Paying under w eeklv scale of wages..........................................................................
T
Dispute in price making..............................................................................................
Nonprotocol conditions in shop..................................................................................
Inside subcontracting..................................................................................................
Nonpayment for Jewish holidays...............................................................................
Shop lockout................................................................................................................
Illtreatment of employees...........................................................................................
Unregistered contractor’s shop...................................................................................
Inequitable distribution of work..................................................................
Total ..............................................................................................................

Number
of cases. Per cent.

14
2
2 [
1
1

44.4

6
3
3
3
2
2
2
1
1
1
1

55.6

45

100.0

Of the 45 cases filed by both sides, 20, or 44.4 per cent, were filed
by the association, while 25, or 55.6 per cent, were filed by the unions.
On the association side, the largest number of dropped cases (14)
were complaints against shop strikes. On the side of the unions, the
largest number of dropped cases (6) were complaints against wrong­
ful discharge of men.
The remainder of the dropped cases that were filed by the unions
are distributed as follows: Discrimination against individuals, 3; pay­
ing under weekly scale, 3; disputes in price making, 3; nonprotocol
conditions, 2; inside subcontracting, 2; nonpayment for Jewish holi­
days, 2; shop lockout, 1; illtreatment of employees, 1; unregistered
outside shops, 1; inequitable distribution of work, 1.
WITHDRAWN CASES.

Seven cases were withdrawn. The table following classifies these
cases according as they were filed by the association or the unions,
and according to the nature of the complaints.




IN D U S T R IA L COURT OF C L O A K , S U IT , A N D SK IR T IN D U S T R Y .
W ITH D RA W N

CASES, CLASSIFIED

B Y NATURE
PLAINANTS.

OF GRIEVANCES AND

Classification of grievances.

Cases filed by association:
Shop strike..................................................................................................................
Cases filed by unions:
Discrimination against individuals..........................................................................
Alleged wrongful discharge.......................................................................................
Nonprotocol conditions in shops...............................................................................
Duplicates made by week...........................................................................................
Total..........................................................................................................................

37

BY COM­

Number Per cent.
of cases.

1

14.3

2 \
1
1 [
2

|

7

85.7
100.0

The association withdrew 1 case, a complaint against stoppage
of work. The unions withdrew 6 cases. With reference to the
grievances complained of by the unions in these cases the distribu­
tion is as follows: Discrimination against individuals and duplicates
made by week, 2 each; alleged wrongful discharge and nonprotocol
conditions, 1 each.
DISAGREEMENT CASES.

Counting as 1 case the 12 Columbus Day cases which involved
but one issue, the board of grievances was unable to reach an agree­
ment in only 9 of the cases referred to them. The number and per
cent of these cases filed by the association and by the unions and the
nature of the complaints are show^n in the following table:
DISAGREEMENT CASES CLASSIFIED B Y N ATURE OF GRIEVANCES AND B Y COM­
PLAINANTS.

Classification of grievances.
Cases filed by association:
Shop strike..................................................................................................................
Cases filed by unions:
Discrimination against individuals..........................................................................
Irregular settlement of prices....................................................................................
Nonpayment for legal holidays..................................................................................
Shop lockout................................................................................................................
Total.....................................................................................................................

Number Per cent.
of cases.

3
2 |
2
i1 1
1 J
9

33.33
C . 67
G
100.0

112 Columbus Day cases are considered as 1 case.

As might have been expected, the issues in the cases on which the
board of grievances could reach no decision were of a grave nature,
involving important fundamental principles. The shop strike issue,
together with its counterpart, the lockout, supplied almost one-half
of the total number of these cases. The remaining cases upon
which the board of grievances could not agree were as follows: Two
cases of discrimination against individuals; 2 cases involving irregu­
lar price settlement; and last, but not least, the Columbus Day
controversy (nonpayment for legal holidays), a detailed account of
which is given on page 41.




38

B U L L E T IN

OF T H E B U R E A U

OF LABOR STATISTICS.

The relative percentages of deadlock cases (with reference to the
total number filed by each complainant) is 5.26 for the association
and 5.41 for the union, considering the Columbus Day cases as 1 case.
Cases 446 and 1308, and case 3745, etc. (relating to Columbus Day),
came up before January, 1913. The first two cases arose in 1911,
while the last case came up in October of 1912. The records in cases
446 and 1308 are meager and incomplete, thus making it difficult to
get at the detailed facts.
In case 446, as can readily be seen from its very nature as shown
in the detailed statement on page 40, there was no disagreement as
to the facts.
Although the records of the board of grievances give the disposition
of case 1308 as “ Issue to be framed for board of arbitration upon
statement of facts,” the original records of the case, though incom­
plete, do not seem to indicate that the real trouble was caused by a
disagreement on the facts. The firm, in reorganizing the factory,
discharged part of the force of one of their departments. The
owners claimed that they wanted to reduce expenses by giving up
an entire floor, and that no people had been engaged to take the
places of those who were discharged. The unions, however, insisted
that their members were discriminated against. Apparently, the
motive rather than the act of the firm was under dispute.
In case 3745, etc., the difficulty arose over the alleged difference
of opinion in the interpretation of the holiday clause of the protocol.
The main points of contention in cases 5164 and 6335-6338 were
whether stoppages act as causes for the immediate automatic dis­
charge of the men, even while the case is under investigation. In
case 5166, too, the motive rather than the facts were in dispute.
The association maintained that the man was discharged for mis­
conduct, while the unions insisted that he was discharged for union
activity.
Thus, the causes of the deadlocks of the board of grievances can
scarcely be attributed to the inability of the members to agree upon
the facts involved.
Though there were disagreements with reference to the facts and
dates in the last four cases, 6335-6338, these were not the chief
points of contention at the time the board of grievances disposed of
them. The chief difference of opinion in these cases, as can be seen
from the arguments before the board, was in the interpretation of
the temporary settlement effected by the, clerks, viz: Whether the
men who were discharged after the first stoppage had to be allowed
to resume work, too, on the basis of the temporary settlement of the
second stoppage.
Following is a summarized account of each of the cases upon which
the board of grievances failed to agree and which were finally referred




IN D U S T R IA L COURT OF C L O A K , S U IT , A N D S K IR T IN D U S T R Y .

39

to the board of arbitration. Of these cases the one numbered 5166,
taken by itself, was not a disagreement case. It was classified as
such, however, because of its close connection with case 5164 against
the same firm. The records of these two cases, as well as the refer­
ences to them, are frequently intermixed and interchanged.
SUMMARY OF CASES UPON THE DISPOSITION OF WHICH THE BOARD OF GRIEVANCES
DISAGREED, APR. 15, 1911, TO OCT 31, 1913.
Num­ Date of
filing.
ber.

Filed
by—

Nature of
grievance.

Issue involved.

Facts established.

Remarks.

446

June 7,
1911.

Associa­
tion.

Irregular price
s e t tlement;
shop chair­
man present
at settlement
of prices with
outside shop.

(1) Unions insisted Agreement on facts;
that shop chair­
disagreement as to
man should be pres­ legality of shop
ent at settlement of
chairman b e i n g
prices with outside
present at settle­
shops; (2) inside
ment of prices with
workers refused to
outside shops.
settle prices unless
outside
workers
were present; (3)
inside
workers
wanted to be rep­
resented at meet­
ing for making
prices with out­
side shops.

Case submitted
to board of ar­
bitration;
in
the meantime,
settled
gar­
ments to be
made.

1308

Nov. 16,
1911.

Unions.. D i s c rimination against
individuals.

Discrimination......... Agreement on facts;
firm, in reorganiz­
ing factory, dis­
charged part of de­
partment; claims
wanted to give up
entire floor; no oth­
er workers engaged;
motive, not acts
under dispute.

Submitted
to
board of arbi­
tration.

3745,
etc.

Oct. 8,
1912.

Unions.. Payment for
Columbus
Day.

Columbus Day fell
on Saturday; all
men usually work­
ing on Saturday
were pa'd for holi­
day; unions wanted
men who worked
Sundays instead of
Saturdays to be
paid for holiday,
too.

Submitted
to
board of arbi­
tration; board
of arbitration
decided for as­
sociation.

5164

Apr. 14,
1913.

Asso­
ciation.

Stoppage of work, Agreement on facts.. Submitted
to
and subsequent dis­
board of arbi­
charge of men. Is
tration.
it legal to discharge
men for stoppage
while case is being
tried?

5166

May 3,
1913.

Unions.. Wrongful dis­
charge (for
union activ­
ity) .




Stoppage
work.

of

Agreement on facts;
disagreement as to
the interpretation
of the holiday clause
of the protocol.

Wrongful discharge . Agreement on facts;
disagreement as to
motive; firm claims
discharge absolute­
ly necessary for dis­
cipline of factory;
discharged for mis­
conduct, not for
union activity.

Submitted
to
board of arbi­
tration to be
tried on May
15; the unions
were ready to
withdraw case
from board of
arbitration if
board of griev­
ances
would
grant rehear­
ing; board of
grievances re­
fused.

40

B U L L E T IN

OF T H E

BUREAU

OF LABOR STATISTICS.

SUMMARY OF CASES UPON THE DISPOSITION OF WHICH THE B OARD OF G R IE V ­
ANCES DISAGREED, APR. 15, 1911, TO OCT. 31, 1913—Concluded.
Num­
ber.

6335

Date of
filing.

Aug. 7,
1913.
Aug. 7,
1913.

6337

Aug. 8,
1913.

6338

Aug. 12,
1913.

Filed
by-

Nature of
grievance.

Issue involved.

Facts established.

'Shop chairman dis­
charged for smok­
ing;
complaint,
case investigated,
a n d c l e r k s dis­
agreed; went to
board of grievances;
subsequently chair­
man taken back;
on Aug. 5 t w o
numbers settled,
apparently in reg­
ular way; A u g .
7 firm r e p o r t s
stoppage on settled
numbers;
Aug.
8 s o m e people
came at 8.10 a. m.;
were not allowed to
work till 1 p. m.;
late comers called
out those who
Unions.. Irregular price
worked;
associa­
tion charged stop­
settlement.
page; unions com­
Union charges: Ir­
regular price settle­
plained of lockout;
Unions.. Lockout.
Dr. A. and Mr. W.
ment, and lockout,
put people back to
► Aug. 7. Associa­
on
work; when they
tion charges: Stop­
A s s o ­ Stoppage of
page of work on
work.
left, firm refused to
ciation.
Aug. 8 and 13.
let shop chairman
and price commit­
A s s o ­ Stoppage of
ciation.
tee resume work;
work.
unions claim that
Dr. A. and Mr. W.'s
temporary settle­
ment included also
chairman and price
committee,
that
they, too, had to
return; association
insists that matter
of chairman and
price
committee
was not included
in temporary ad­
justment.
(Men­
tion should be made
of the fact that
these people were
discharged
after
the first stoppage
and before the sec­
ond stoppage took
place.)

Remarks.

Submitted
to
board of arbi­
tration.

The following statement, taken from the records of the board of
grievances, gives a detailed account of each of the nine disagreement
cases:
C a s e N o . 446.

Unions.
C o m p la in t : June 7, 1911.

C o m p la in t b y :
D a te

of

N ature

of

Co m p l a in t :

Shop chairman present at settlement of prices with outside shops.
I ssu es I n v o l v e d :

1. Inside workers refused to settle prices unless outside people were present.
2. Inside workers wanted representation in outside shops.
3. Unions claimed shop chairman must be present at settlement of outside
prices.




IN D U S T R IA L COURT OF C L O A K , S U IT , A N D SK IR T IN D U S T R Y .

41

The right of the shop chairman to be present at a settlement of prices with an
outside shop when the garments to be settled are to be made exclusively outside.
C o n t e n t io n

of

U n i o n s : ------------.

C o n t e n t io n

of

A

A

bstract

of

s s o c ia t io n :

F acts E

------------ .

s t a b l is h e d :

------------.

D is p o s it io n :

Question to be submitted to counsel for framing for board of arbitration.
ing decision settled garment must be made.
D a t e : July 7, 1911.
R e c o r d : Minutes of board of grievances, page 70.

Pend­

C a s e N o . 1308.

Unions.
C o m p la in t : November 16, 1911.

C o m p la in t b y :
D a te o f
N ature

C o m p l a in t :

of

Firm in reorganizing factory dismissed part of the employees of one of their
departments.
I ssues I n v o lv e d :

Discrimination.
C o n t e n t io n

of

U n io n s :

Issue involved question of discrimination.
C o n t e n t io n

of

A

s s o c ia t io n :

Admit discharge, but claim there was no discrimination.
give up entire floor. No other people were engaged.
A

bstract

of

F acts E

Firm intended to

s t a b l is h e d :

Agreement on facts.

Disagreement as to the motive.

D is p o s it io n :

“ To be framed for board of arbitration upon statement of facts.” 1
November 29, 1911.
R e c o r d : Minutes of board of grievances, page 94.
D a te :

C a s e N o . 3745, E t c . 2

Unions.
C o m p la in t : October 8, 1912.

C o m p la in t b y :
D a te
N

of

ature

of

Co m p l a in t :

Claim for payment for Columbus Day.
I ssues I n v o l v e d :

Difference of opinion over interpretation of “ payment for holiday” clause of
the protocol.
C o n t e n t io n

of t h e

U

n io n s :

“ In consideration of the fact that Columbus Day will be celebrated on Saturday,
October 12, it was the consensus of opinion that our members who work on Sunday
all year around are entitled to the same benefits as those who work on Saturday,
and in the event of their working on Sunday, October 13, they will naturally lose
the benefits of this holiday. Also the fact that a certain class of manufacturers
whose employees do not work on Saturday could be called discrimination against
those manufacturers as well as our people. Therefore, the joint board, in meeting
assembled on Saturday, October 5, decided the following:
“ Those members of our union who do not work on Saturdays all year around
will not be permitted to work on Sunday, October 13, for the reason that Saturday,
October 12, is Columbus Day, and the week workers are to be paid for the holiday
same as in regular holiday weeks.”
1 It is difficult to see how this disagreement could relate to the facts. Apparently the motive, not the
facts, were in dispute.
2 Twelve complaints were filed simultaneously, numbered as follows: 3745, 3751, 3759, 3762, 3767, 3768,
3770, 3771, 3782, 3783, 3829, and 3877.




42

B U L L E T IN

C o n t e n t io n

of t h e

A

OF T H E B U R E A U

OF LABOR STATISTICS.

s s o c ia t io n :

“ We must again protest at the action on the part of your joint board in attempt­
ing to make amendments to the protocol without even the courtesy of considera­
tion of us. Of course, your decision can have no binding effect, but the announce­
ment of such decisions tends to make for friction, and trouble.
“ With reference to the celebration of Columbus Day, there is no rational or
legal justification for the position that your board has taken. Paragraph 7 of the
protocol agreement provides that ‘ employees shall not be required to work during
the 10 legal holidays as established by the laws of the State of New York. All
week workers to receive pay for legal holidays.’ ”
Now, what constitutes legal
holidays as established by the laws of the State of New York is covered by section
24 of the general construction law of the State of New York (Laws of 1909, chap.
27), wherein the term “ holidays’’ and “ half-holidays” is described as follows
(quotation):
A

bstract

D

is p o s it io n

of

F acts E

s t a b l is h e d :

------------ .

:

The board of grievances without any formal discussion, submitted the question
to the board of arbitration for final adjudication.1
D a t e : November 11, 1912.
K e c o r d : Minutes of board of grievances, page 182.
C a s e No. 5164.
C o m p la in t b y :
D a te
N

Association.
April 14, 1913.

o f C o m p la in t :

ature

of

C o m p l a in t :

Association charged cessation of work.
I

ssu es

Involved:

Cessation of work and subsequent discharge of men.
C o n t e n t io n

of t h e

U

n io n s :

Manufacturer discharged men while decision in case was pending. Would
like to have rule of reason. When there is a stoppage, can not be expected to
put men back to work in 15 minutes.
Under common law employer is to furnish fit place to work. Protocol did not
abrogate common law. It is not right for firm to discharge. It should go to
board of grievances.
Firm is trying to introduce new conditions. Can not do it without consent of
union. Men were right in refusing to work, because contrary to protocol new
conditions were introduced.
C o n t e n t io n

of th e

A

s s o c ia t io n :

Men were discharged because they stopped work and refused to go back by
order of clerks.
It could not be a sanitary strike, because firm had certificate from joint board
of sanitary control.
Men can not stop work because they were put to work on different spot.
Union justified stoppage for two days.
Manufacturer has a right to arrange his factory in any way he pleases. Men
can complain, but they can not stop work.
1. The action of the union can not be considered a sanitary strike.
1 Decision of the board of arbitration: Tlie board sustained the contention, made by the association,
that the action of the joint board of cloak makers’ unions in issuing the order forbidding certain of its mem­
bers from working on Sunday, October 13, was irregular and in violation of the spirit of the protocol and
of the rules and practices thereunder. No action ought to have been taken by the joint board in this matter
without first communicating with the proper officers of the association, and, in the case of difference, sub­
mitting the question to the board of grievances for consideration.




IN D U S T R IA L COURT OF C L O A K , S U IT , A N D S K IR T IN D U S T R Y .

43

2. Union ordered that people must be put back to work.
3. Firm has right to insist upon putting people back to work, or to discharge
them after they refused to obey the clerks.
A

bstract

of

F acts E

st a b l is h e d :

Agreement upon the facts.
D is p o s it io n :

Submitted to board of arbitration for final adjudication.1
May 1 5 , 1913.
R e c o r d : Minutes of board of grievances, page 211.
D a te :

C a s e No. 5166.
C o m p la in t b y :
D a te

Unions.
May 3, 1913.

o f C o m p la in t :

N ature

C o m p l a in t :

of

Alleged wrongful discharge of a presser.
I ssues I n y o l y e d :

Alleged wrongful discharge.
C o n t e n t io n

of

U

Picketing.

n io n s :

Presser was discharged, but upon order of clerks reinstated. He was to go back
to work on Monday. On Saturday presser came to the shop, but had to wait
outside. Employer and deputy clerks saw him and accused him of picketing.
Presser claimed he was only waiting to go to shop meeting, as he was to resume
r
work on Monday. He was then told he was discharged for picketing. Unions
claim wrongful discharge.
C o n t e n t io n

of th e

A

s s o c ia t io n :

Man agitated against other workers, called them scab, etc. He used violent
language, attacked superintendent who told him not to do it. Grave offense,
because of the April affairs2 and general picketing. Man was not discharged for
union activity; he was discharged in the interest of discipline in the factory,
according to protocol.
A

bstr act

of

F acts E

s t a b l is h e d :

Man apparently did call his fellow workers “ nonunion men,” “ scabs,” etc.
He did tell them there was a strike on, etc.3
D is p o s it i o n :

Submitted to the board of arbitration.4
May 15, 1913.
B e c o r d : Minutes of board of grievances, page
D a te :

C ases N o s.
C o m p l a in t

by

21 1 .

6335-6338.5

:

6335, 6336—Unions.
6337, 6338—Association.
1In this case the union insisted from the start that they did not want case settled by board of grievances;
they wanted it to be submitted to the board of arbitration.
2 T h e-------- firm on Apr. 17 discharged one of their departments. Unions complained of lockout, but
passively permitted other men to take their places.
3Dr. H o u r w i c h . When one of them (men in the factory) came to him (discharged presser) and asked
him what his opinion was, as an American citizen, free to express his opinion (he did not give any orders).
“ W hy,” he told him, “ you ask me for my opinion. I understand that you are a scab.” —(Special meeting,
board of grievances, May 15,1913, p. 30.)
4The board of arbitration was to try the case on May 15. A few days before that the representatives of
the unions informed the board of grievances that they, the unions, would be willing to withdraw case
5166 from the board of arbitration if the board of grievances would agree to rehear the case. The board
of grievances refused. On May 15, a few hours before the session of the board of arbitration, the unions
withdrew the case.
6The facts in all these cases are so interwoven that all four must be described together.




44

B U L L E T IN

D ate

of

OF T H E B U R E A U

OF LABOR STATISTICS.

C o m p l a in t s :

6335, 6336, August 7, 1913.
6337, August 8, 1913.
6338, August 12, 1913.
N ature

of

C o m p l a in t s :

6335, Irregular price settlement.
6336, Lockout.
6337, 6338, Stoppage of work.
I ssues I n v o lv e d :

Besides those which have already been mentioned under “ Nature of com­
plaints,” a difference of opinion as to the interpretation of the temporary settle­
ment effected by the deputy clerks, arose.
C o n t e n t io n s

of t h e

U

n io n s :

The record of the firm is known to all the clerks of both sides. A point has been
reached where the clerks find themselves unable to adjust matters in this factory.
Although on many previous occasions the clerks were told that the shop chair­
man was “ one of the best,” he later had been WTongfully discharged. One
Monday Mr.---------[of firm] called in the shop chairman and ordered that certain
garments be settled cheaply. The man replied that he had no power to do this.
A few days later the man was discharged on the pretext that he was smoking in
the factory. It was proven that on previous occasions when Mr.---------was settling
prices there some of the people, including the shop chairman, were smoking,
and when M r.---------called the attention of the firm to the fact he was told that
the firm did not care. Upon investigation of the alleged wrongful discharge the
clerks decreed that the shop chairman ought to be reinstated. The firm, how­
ever, refused to act upon their recommendation.
On July 16 the man was again given employment. He was again asked to
settle prices cheaply, but again he refused. The firm then spoke to Dr. A.
informing him that the people had agreed to make a special price on a garment—
to cut 300 garments of that number—and the firm wanted to know whether this
was permissible.
Dr. Ax then dictated a statement as to what would be permissible. On the
basis of this statement the firm asked the man to sign a special price on the gar­
ments. Under protest it was signed by the price committee.
The price committee then went to the union headquarters, where Mr. W.
advised them of the nature of the statement of Dr. A., its nonbinding character
in the case of nonexistence of any previous consent of the men. The men, how­
ever, were instructed to continue work pending investigation by the clerks.
On August 7, when the operators reached the factory, about 10 minutes after 8,
they were informed that they could not start work until 1 o ’clock.
On August 8 Dr. A. and Mr. W. went to the factory to adjust all the grievances;
they ordered the people back to work, which they did. The firm, however,
insisted that they would not permit the shop chairman or price committee to
come back to work. The clerks left the firm with the understanding that all
employees were to be permitted to resume work pending investigation.
No sooner had the clerks left the shop than Mr. ---------[of firm] ordered the
shop chairman and price committee to leave the factory immediately.
C o n t e n t io n

of th e

A

s s o c ia t io n :

Association charged stoppage of work on August 8 and 12, 1913.
On July 23, 1913, the unions complained that the shop chairman had been
discharged. An investigation was made on the same day by Mr. G. and Mr. Z.,
and a disagreement resulted.
On Saturday, July 26, and on July 28 Dr. A. attempted to settle the cases, but
without success. The firm and the unions then agreed to have the issues tried
before the board of grievances.



IN D U S T R IA L COURT OF C L O A K , S U IT , A N D SK IR T IN D U S T R Y .

45

o f t h e A s s o c i a t i o n — Concluded.
On Wednesday, July 30, the office of the association was informed that matters
had been straightened out. Subsequent to that the firm negotiated the settle­
ment of prices and consulted the office in regard to same.
There exists a price settlement on two numbers, signed by the shop chairman
and other people on August 5, 1913. On August 7, 1913, the firm reported that
the people repudiated the price settlement of August 5 and had stopped work.
On August 8, 1913, Dr. A. and Mr. W. put the people back to work. There
was considerable excitement in the shop on the part of the firm; it claimed that
the stoppage of work was instigated by the shop chairman.
After the clerk left the firm discharged the shop chairman, his partner, and
two others on the ground that it was impossible to conduct business while those
people were present in the shop.
In the meantime, between August 8 and August 13, the people again stopped work.
They were put back to work, but, on the Thursday following, stopped again.
Association claims that people refused to work on settled numbers on August
7 and 8.

C o n te n tio n

A

bstracts

of

F acts E s t a b l is h e d :

The shop chairman was discharged for smoking. An investigation was made
on July 16 and the clerks disagreed. The case was then to go to the board of
grievances, but in the meantime the firm and the man got together, and on July
30 the association was informed by Mr. ---------[of firm] that the matter had
been adjusted. Subsequently two numbers were settled (August 5). A special
rate was agreed upon, on condition that 300 garments were to be cut. This
settlement of prices is admitted to have been regular.
On August 7 the firm reported a stoppage of work, which in its opinion was
at the instigation and due to the misconduct of the shop chairman, who wanted
sum of money for settling the prices on August 5.
On August 8 some of the people came to work at 10 minutes after 8 a. m.;
they were informed that they could not work until 1 o’ clock. The late comers
then called out the rest of the people.
On the basis of this fact, the union claimed a technical lockout (men were
prevented from working) while the association filed a complaint for stoppage.
On the same day Dr. A. and Mr. W. went to the factory to settle the difficulties.
They ordered the people back to work, without going into the details of the case,
Dr. A. claiming that the discharge case was of no concern at that moment, that the
only matter to be handled was the stoppage and lockout. The association claimed
that the discharge was outside of the whole problem at that moment, stoppage
and lockout.
The union, however, claimed that the discharge matter was included in the
temporary settlement, and that in sending the people back to work it was under­
stood that all the workers, including the discharged men, were to be taken back
pending an investigation.
D i s p o s i t i o n : Submitted to the board of arbitration.
D a t e : September 5, 1913.
R e c o r d : Minutes of board of grievances, page 214.
COMPREHENSIVENESS OF THE WORK OF THE BOARD.

By comprehensiveness here is meant a certain way of investigating
facts and of rendering decisions that makes difficult the miscarrying
of any decision handed dowT or the avoiding of its application in a
n
roundabout, extralegal way.
The board of grievances is something more than a legislative insti­
tution or a court of conciliation. Though precedents are established



46

B U L L E T IN

OF T H E

BUREAU

OF LABOR ST ATISTICS.

and followed, the difference between the formal and the real is not so
great as in most of the legal institutions of our day. It has the
advantage of being more or less informal.
The impartial student of the records of the board of grievances for
the last 30 months will, doubtless, come to the conclusion that the
work of the board was very comprehensive, indeed.
Many cases bearing upon this point could have been cited without
difficulty; it was deemed sufficient, however, on account of lack of
space, to limit these to only two— one in which the decision rendered
was in favor of the association, and the other in which the decision
was in favor of the unions.
The contention that the board “ always compromised ” 1 is not
altogether true. It must be admitted that where the facts were
accessible and the issues clear, the board did not hesitate to hand
down (frequently by unanimous vote) decisions favoring or criticising
either side.
The cases given below in detail— 253, for the association, and 6,316
for the unions— are fair illustrations of the comprehensiveness of the
work of the board. Only cases involving the settlement of funda­
mental and grave difficulties, stoppages and discrimination— griev­
ances complained of most frequently— have been selected.
The fact that a large proportion of the cases (29.58 per cent of the
total of 179 cases) have been compromised, must not be attributed to
the nature or constitution of the board of grievances. The percentage
of cases showing imperfect judgment on the part of the association
and the unions— dropped and withdrawn—is almost as high as the
percentage of those that have been compromised by the board of
grievances.
The fact that a large percentage of cases have been compromised
merely indicates that in most of the cases that came up before the
board the issue was not a wrong or an injustice committed by one
side or the other, but merely an adjustment required by the exigencies
of the moment in the interest of peace and harmony in the industry.
C a s e No. 6316.

No. 8001.

Rec’ d 7-16-13.

---------.
J o in t B o a r d o f t h e C l o a k
and

S k ir t M a k e r s ’ U n io n s o f N e w Y o r k ,

New York, July 15, 1913.
Complaint against-------- -.
C l o a k , S u i t , a n d S k ir t M a n u f a c t u r e r s * P r o t e c t iv e A s s o c i a t i o n ,

200 Fifth Avenue, New York City.
We are informed that the above-named firm discriminates against
Finisher --------- by giving him no work.
Please investigate this matter and take puch action in the same as may be proper.
Very truly, yours,
G e n tle m e n :

Chairman Committee on Mediation and Arbitration.
i “ We must ask for more justice and less adjustments.”




New Post, Aug. 13,1913.

IN D U S T R IA L COURT OF C L O A K , S U IT , A N D S K IR T IN D U S T R Y .
In v e s tig a tio n b y M

r

.

G.

an d M

r

.

Z.,

J u ly

47

15, 1913.

On Tuesday, July 15, 1913, Mr. Z. and Mr. G. went up to investigate a complaint
that the firm was discriminating against Finisher---------.
The superintendent and the foreman claimed that the man had spoiled some gar­
ments, and that the firm had the right to discharge this man on the ground of incom­
petency.
Mr. G. and Mr. Z. examined the garments in question, and the following facts were
established:
I. The sleeves in two of the garments were mixed up. The firm claimed that it
was the finisher who made the mistake. The finisher claimed that he had basted the
sleeves and had given the operator the bundle of garments, and that the operator
was just as much at fault in sewing in the wrong pairs of sleeves as he was. It was
therefore not clearly established that the finisher was to blame in this case.
II. The finisher claimed that he w
~as being discriminated against because, on
Saturday, July 12, he told the chairman he would not baste a certain piece of work,
as the sample had been settled without basting. He claims that from that time on
the foreman was “ looking for him.” The shop chairman testified to this fact.
III. The finisher was willing to fix the garments and bear the expense thereof.
Upon weighing the evidence in the case, it appeared to the clerks that the foreman
was discriminating against the finisher.
The clerks presented the facts of the case to M r.---------[of the firm] and told him
that, since the most competent man can make a mistake in these fancy plush coats,
and since the man worked in good houses before, and since he was acting in good
faith and was willing to repair the damage, he ought to be given another chance, and
that, if he were incompetent or caused any trouble, the association would take him
down. M r.---------claimed, however, that the superintendent and the foreman were
the final judges in the case. They absolutely refused to take the man back upon
request of Mr. G. The matter was then referred to the clerks to enforce the adjustment.
( S i g n e d ) ------------------- .
( S i g n e d ) ------------------- .
N e w Y o r k , August 7 , 1913.
M r.---------,
Gen’I Mgr.f The CloakrSuit, and Skirt Manufacturers’ Protective Association,
Rooms 1312-1314, No. 200 Fifth Avenue, New York City.
B e a r S i r : Referring to the complaint of the union in regard to the discharge of the
Finisher---------, and the decision of the deputy clerks of the board of grievances, we
hereby appeal from the decision of the board, and respectfully request a hearing.
Yours; very truly,

A u g u s t 12, 1913.
Messrs.------------------- , New York City.
G e n t l e m e n : In reference to your appeal from the decision of the clerks of the board
of grievances, about the charge of discrimination against Finisher---------, filed by the
union, I beg to state that a meeting of the board of grievances to take up this case will
take place on Wednesday, August 13, at the office of the association, at 4.30 p. m.
Please arrange to be present at the time with such evidence as you have to submit
in support of your appeal.
By order of the chairman of the board of grievances,
------------------- , Clerk.




48

B U L L E T IN

OF T H E

BUREAU

OF LABOR STATISTICS.

A u g u s t 16, 1913.
Messrs.------------------- , New York City.
G e n t l e m e n : In reference to your appeal from the decision of the clerks about the
case of Finisher ---------, I beg to inform you that the board of grievances, after a
thorough rehearing of the case and all the evidence in relation thereto, as submitted
by both sides, has voted that the decision of the deputy clerks be sustained.
In accordance with the rules of the board of grievances, the board has voted that
Finisher---------be reinstated in his position and that he furthermore be paid for his
lost time during the time of July 15 to the present time.
He is entitled to a share of the average earnings of the finishers of that department
during that time.
Please see to it that the decision of the board of grievances, which is final, will be
carried out.
Very truly, yours,

Chairman Board of Grievances.

A ugu st

31, 1913.

T h e J o in t B o a r d o f t h e C l o a k a n d S k ir t M a k e r s ’ U n i o n s ,

49 East Nineteenth Street, New York City.
Inclosed please find check for $109.22, representing the amount due
to Finisher ---------, at --------- . The amount represents the average earnings of a
finisher and helper, week of April 15 to date. Please acknowledge receipt of check
and oblige.
Yours, very truly,
G e n tle m e n :

Manager, Labor Dept., Cloak, Suit, and Skirt Mfrs. Protective Ass'n.

N e w Y o r k , August 23, 1913.
Received from Cloak, Suit, and Skirt Mfgs. Ass’n, one hundred nine 22/100 dollars,
in full payment of Finisher---------against----------.
( S i g n e d ) ------------------- ,
Deputy Clerk Joint Board Cloak Makers’ Union.

C ase N o.

253.

N a m e o f t h e F i r m : -----------.
D a t e o f C o m p la in t :

April 24, 1911.

I ssu es I n v o l v e d :

People stopped work because a man was discharged. Refused to go back and were
discharged. At the request of the unions, some of the people were taken back as
individuals.
Shortly afterwards the firm complained to the association that workmen were being
advised not to work for them because of an unsettled strike, etc. This matter was
brought up before the board of grievances at its session of May 4,1911. The following
resolution was then unanimously passed:
Carried unanimously that the joint board of cloak makers’ unions be requested
to send to the manufacturers’ association an official statement of the action taken by
the joint board in regard to the conduct of the men of the firm o f ---------who, contrary
to the orders of the union officials, stopped work.—(Minutes, p. 46.)




IN D U ST R IA L COURT OF C L O A K , S U IT , A N D SK IR T IN D U S T R Y .

49

In some way, however, the unions did not succeed in preventing some of their mem­
bers from advising their friends to keep away from the firm of----------. A special
meeting of the board of grievances was then called on May 10, 1911.
Upon motion of M r.---------case o f ----------was taken up as special order of the day.
After discussion, the following resolution was unanimously adopted:
1. That advertisements be placed in the papers in which notices and announcements
affecting the cloakmakers are usually put, to the effect that ‘ ‘ there is no strike with
the firm o f ---------,” that the union men may work with saidfirm, and that the joint
board warns all union men against picketing and trying to induce the workingmen
not to work for the said firm, and that such picketing will be punished by the joint
board even to the extent of expulsion from the union.
2. That a meeting of the former employees of the firm o f ---------be held at the
earliest possible moment and that union officials attend meeting and warn the men to
cease picketing against the firm o f ---------. (Minutes, p. 48.)

The following extracts of testimony, given at the hearings before
the board of arbitration, illustrate also the comprehensiveness of
the work of the board of grievances:
M r.---------(counsel for association). I want, in fairness to my client, to make this
point upon the record, in the face of what counsel has said, that there never has come
before the board of grievances a case where testimony from a worker has been required,
that {he board has not seen to it that the worker was protected, and in several cases
it means very serious consequences to employers who utilized their power to punish
witnesses before the grievance board.
]\fr ---------(counsel for unions). That is correct.1
DEVELOPMENT OF A WORKING CODE OF RULES.
A t t i t u d e o f m e n w h o a d m in is t e r th e p r o t o c o l as to p r e c e d e n t s .

At a meeting of a joint conference, April 28, 1911, the chairman,
Mr. Meyer, said: “ This conference is to establish a mode of procedure,
so that in the future, laws, not men, will rule in the trade.”
At a meeting of another joint conference, February 3, 19i3, the
chairman, Mr. Silberman, in speaking of the methods used by the
board of grievances in the handling of cases, said:
The method of the board of grievances has been that cases would
come up and would be decided. A case once decided w simply a
ras
precedent for all future cases.
We can only avoid trouble by having the rules of the board of
grievances carried out, so that the clerks could keep at work on the
same lines, and it was once an understood fact that once a rule or
decision was passed by the board of grievances it was to take effect
at all times.
The chairman later quotes the general secretary treasurer Inter­
national Ladies’ Garment Workers’ Union, as saying: “ I agree with
you that the rules of the board of grievances should hold good for all
association” (evidently meaning cases).2
The chief clerk for the joint board at that time, however, was not so
certain about the establishment of precedents.
1 Proceedings, meeting of board of arbitration, October 12 and 13, pp. 352 353.
2 Joint Conference, Feb. 3,1913. Record, p. 153.

35612°—Bull. 144—14------4




50

B U L L E T IN

OF T H E

BUREAU

OF LABOR STATISTICS.

At a special meeting of the board of grievances 1 to consider the
--------- case, he is reported as saying:
Now as to precedents * * * now, these precedents are not
legal adjudications at all. These precedents have not been estab­
lished by the board of arbitration.
The chairman of the board took exception to his remarks, as follows:
That the Supreme Court has overruled itself by the rule of reason
may be right or wrong, I do not know. But if we were to overrule
our decisions, we would simply go back into a chaotic state as it was
prior to the signing of the protocol. If we were to decide to-day in
one shop in one way and to-morrow overrule our decisions and decide
another way you can see what chaos that would bring us to. It
would mean that one manufacturer would be more favored than
another; he receives one decision and another manufacturer receives
another decision.2
The following is a statement of the labor manager of the association
on the question of precedents:
Precedents are established and rulings made, and you can not get
away from them.
If you want to know what a lockout is, the board of grievances had
this situation about a year ago. It was case 2219.
There is case 253, when people stopped work and were discharged.
Here is the record.
Here is case 3504,----------. The people stopped work; the people
were told to go back to work next day; they refused to go and were
discharged.
Here is t h e ----------case, 3708. They did not want to go back to
work, and were discharged.3
The board of arbitration, in section 2 of the findings on the Colum­
bus Day controversy, has the following to say:
The arbitrators deem it of great importance that all appearance of
arbitrary action on the part of the association and of the union shall
be avoided, and that the rules and practices adopted to advance the
amicable consideration of differences that must inevitably arise from
time to time should be carefully observed.
The attitude of the board of grievances itself on the matter of prece­
dents can be seen from the following, one of the many, records:
The board took up cases 4207, 4368, 4369,----------. After discus­
sion, the board voted that Dr. A. and Mr. L. be appointed a committee
of two to adjust the matter in accordance with the rules and previous
decisions of the board .4
Generally speaking, the majority of the men quoted here, in fact
all but one, agree on the necessity and actual existence of such prece­
dents. Indeed, it is difficult to see how peace and particularly equal-




1 Meeting of board of grievances, Apr. 13,1913, record, p. 32.
2Ibid., p. 33.
3 Special meeting, board of grievances, Apr. 18,1913, record, p. 28.
4 Special meeting, board of grievances, Dec. 13,1913, record, p. 193.

IN D U S T R IA L COURT OF C L O A K , S U IT , A N D SK IR T IN D U S T R Y .

51

ity in treatment of the numerous organizations involved could be
accomplished without them.
R u lin g s .

D U P L IC A T E S .

The matter of duplicates has been a constant source of disagree­
ment for quite a while. Here the necessity for definite rulings on the
matter became apparent. On May 17, 1911, the following resolution
with reference to duplicates was adopted:
Resolved. 1. That the term duplicate be confined to salesmen’s samples only.
2. All salesmen’s samples should be made before prices are adjusted on stock.
3. Members of the association will be instructed to advance on account a reasonable
amount to the men while they are working on duplicates. If this amount later appears
to be too much the union is responsible for the refund. If it be too little, the associa­
tion will hold itself responsible for the shortage.
4. If, in adjusting prices after the duplicates are made, there is a disagreement, the
board of grievances will take up these cases for adjustment.
Resolved, That an identical garment made like the sample, but of different cloth and
with a different number, can in no way be considered a sample.
It was resolved as the sense of the joint conference that a letter be sent to the mem­
bers of the association that the association will not be held responsible for any trouble
in outside shops, the name and location of which is not sent to the office; that the time
for installation of electricity will expire on July 1, and that no further extension will
be granted.

On December 20, 1911, a complaint (No. 1448) involving the ques­
tion of bonuses on duplicates was made. The difference of opinion
arose because of the different interpretations given by the opposite
sides to the resolution passed on May 17.
The complainant, the association, contended that there can not be
any stoppage of work on duplicates pending a dispute over bonus; that
the bonus is to be adjusted after duplicates are made. It w agreed
ras
that the duplicates must be made pending the decision on the bonus.
On April 4, 1912, another complaint (No. 2209) of the same nature
arose. The firm o f ----------filed a complaint to the effect that their
men refused to work on duplicates before the bonus had been settled.
The association contended that, as in case No. 1448, duplicates
must be made while the decision on the matter of the bonuses was
pending. The union, however, contended that No. 1448 was a special
case; that the ruling in that case could not be applied.
On issues involved the chair ruled that the arrangement made
in regard to the making of duplicates by the joint conference on May
17, 1911, must be observed, and that all duplicates must be made
and that all disputes in relation to duplicates must be adjusted by the
clerks. A committee to settle the special case in regard to bonus in
this shop was appointed .1




1 Minutes of board of grievances, May 8, 1912.

52

B U L L E T IN

OF T H E

BUREAU

OF LABOR STATISTICS.

On May 25, 1911, in case 279, the board of grievances passed the
following resolution:
Carried unanimously that hereafter it will be considered a violation
of the rules of the board of grievances to have duplicate samples made
otherwise than by piecework, and that members of the association
are notified to that effect.
This ruling was made in the decision on case 279. Case 394, also
involving the same matter, was withdrawn. The specific disposition
of the cases, as given in the record, was: “ Case withdrawn, rule as
above” (meaning 279).
Case 410 was decided in favor of the union on the basis of the prece­
dent of May 17, 1911.
PAYMENT FOR HOLIDAYS.

Previous to March 18, 1911, many complaints arose because oi
the fact that many workmen, though having worked only part of
the week in which specific holidays occurred, claimed pay for holiday
in full.
On March 18, 1911, the board of grievances passed the following
resolution:
Motion made by Mr. S., seconded by Mr. Z., when a holiday comes
and men are working on part time, all such men working on part
time shall receive pro rata pay for that holiday, which was accepted.1
This motion has become a part of the common law of the trade.
Nobody even claims to receive for holidays more than the pro rata
sum allowable. It has ceased to be a problem for the deputy clerks.
If a case creeps in occasionally, they have no difficulty in agreeing
upon its disposition.
W E EK WORKER.

On July 12 , 1911, the unions complained against the firm of ---------(case 622) for discharging a finisher in the middle of the week. The
issue raised was whether a week worker discharged in the middle of
the week, is entitled to full week’s pay. The board of grievances
decreed that the finisher be paid for full week.
On November 16, 1911 (Minutes, p. 90), the board of grievances
passed the following resolution:
The following motion was adopted as the standing rule of the board
of grievances:
All sample hands and cutters coming to work on Monday morning,
or at any time during the week, shall work during the entire w eek or
T
for the remainder of the week, as the case may be. If laid off during
the week, they shall be paid for the entire week. Sample hands and
cutters leaving their jobs during the week shall not be entitled to any
pay for any work which they performed during any part of that week.
Carried "that all cases pending before the board of grievances, in­
volving the foregoing motion, shall be adjusted by the clerks.




i Meeting of board of grievances March 18, 1911, page 21.

IN D U S T R IA L COURT OF C L O A K , S U IT ; A N D S K IR T IN D U S T R Y .

53

On November 29, 1911, in case of t h e ------ — company, a resolu­
tion supplementing the one just quoted was passed. It was to the
effect that:
The rule adopted on November 16, 1911, in regard to cutters and
sample makers shall not apply to cutters and sample makers who are
working in a factory for the first week; the first week shall be known
as the trial week. In such a case, when a firm discharges an employee
during the week, or if a man leaves his job during this week, compen­
sation shall be paid for the actual amount of time in days and hours
that the man has worked. (Minutes, p. 93.)
Since November 29, 1911, only two cases of this nature have come
before the board of grievances. Both were decided (one in favor of
unions and the other in favor of the association) on the basis of the
ruling of March 16, 1911.
UNDERSCALE.

In order to encourage immediate action in cases of underscale pay­
ments the board of grievances, on March 18, 1911, (Minutes, p. 22 )
on a motion by Mr. P., seconded by Mr. S., ruled that “ the associa­
tion will hold itself liable for only one week’s nonpayment of scale
previous to complaint being filed,” which was adopted.
PRICE SETTLEMENTS.

Very frequently, the matter of duplicates and of samples amount
to what may also be called price settlement. To this extent the
matter of price settlement has been more or less fully treated under
the heading of duplicates.
However, with reference to what constitutes a regular price settle­
ment, the board of grievances on June 1 , 1911 (p. 63), passed the
following resolution:
If a case comes up before the board of grievances in regard to a
disagreement on prices, and it appears that the price lists have been
duly signed by the committee and the employer, and that the price
committee has been duly elected at a shop meeting at which a major­
ity of the shop were present— in such cases the board would consider
the question of prices a proper adjustment, and there would be no
case before the board.
CHANGING OF PIECE PRICE DURING SEASON.

The board of grievances ruled that an agreed piece price should not
be changed during the same season.
Two cases of this nature (Nos. 383 and 408) came up and both w^ere
decided in favor of the unions. No such complaints have ever come
up before the board of grievances since .these cases have been settled.
The rule above given, apparently, became one of the common laws of
the industry.



54

B U L L E T IN

OF T H E B U R E A U

OF LABOR ST ATISTICS.

OUT-OF-TOWN SHOPS.

This matter was disposed of by an interchange of communications
between the respective organizations, the record of which was
ordered spread upon the minutes (joint conference, Apr. 12 , 1912, p.
129.)
These communications were as follows:
Upon motion, the following interchange of communications between the respective
parties was ordered spread upon the minutes:
A p r i l 6, 1912.
M r.---------,
Chairman the Joint Conference, 49 East Nineteenth Street, New York City.
D e a r S i r : In reference to the proposition submitted by you on behalf of the unions
at the joint conference on March 16, requesting “ a definite declaration by your asso­
ciation on the subject of out-of-town shops,” I am authorized by the executive board
to join with you to amend the provisions of the protocol by adding the following state­
ment:
The association will assume responsibility for the maintenance of protocol condi­
tions in out-of-town shops of members, and the union assumes responsibility for the
maintenance of the same conditions in all shops in the same locality (i. e., the same
town or city), including nonassociation shops.
Upon the receipt of a formal notification of the acceptance of this proposition, we
shall be ready to notify such members of our association who are affected by this
arrangement.
As for the other matters submitted by you at the conference, I request that the
conference reconvene on Friday, April 12, at 3 p. m., at the offices of the association.
At this time these other matters can be reconsidered.
It will facilitate negotiations if, on April 12, the unions will be ready with a counter­
proposition in reference to the question submitted by the association at the last confer­
ence March 16, as well as on the subject of modifying the provisions of the protocol in
reference to holidays.
Very truly, yours,
------— ---------,
(Signed)
Chairman Executive Board.
A p r i l 12, 1913.
M r.---------,
Chairman Executive Board of the Cloak, Suit, and Skirt Mfrs. Protective JLss’n.
D e a r S i r : Irrespective of any previous correspondence or communication on the
subject of out-of-town shops, in order to terminate the discussion, we hereby state: It
is understood that both parties to the protocol assume in reference to out-of-town shops
all obligations imposed upon them by the terms of the protocol, whether expressed or
implied, as if the subject of out-of-town shops had been specifically mentioned in the
protocol.
It is in our interest to endeavor to raise the standard of the industry everywhere.
Within the limits of our ability we intend to treat with nonassociation employers.
By “ out-of-town” shops we mean out-of-town shops of nonassociation as well as
association employers.
No amendment to the protocol is necessary.
All that is now required is that you should notify the members of your association
that the protocol is applicable to all their out-of-town shops and that they are bound
to comply with the rule.
Very truly, yours,
(Signed) _
------------------- ,
Chairman Board of Directors.




IN D U S T R IA L COURT OF C L O A K , S U IT , A N D SK IR T IN D U S T R Y .

55

It was carried that, on the basis of the foregoing communication from the union,
the matter of out-of-town shops is adjusted.
STOPPAGES.

No absolutely definite policy for the handling of stoppages has as
yet been formulated. As stated above, both sides take different
positions, etc. However, in quite a few cases the board of grievances
sustained disciplining and even discharge of men responsible for stop­
page of work. In case 136 a man was penalized for stopping work;
in case 183 the firm was sustained in discharging man for stoppage;
in case 207 the firm was sustained in disciplining shop chairman
for the same offense; in case 692 it was decided that employee be
discharged for causing stoppage of work.
In accordance with section 10 of the protocol, it would seem to be
established that employees have a legal option of working or refusing
to work on garments, the prices for the making of which have not been
settled.




APPENDIX A.

TEXT OF PROTOCOL OF SEPTEMBER 2, 1910, FOR THE CLOAK, SUIT, AND
SKIRT INDUSTRY OF NEW YORK CITY.

Protocol of an agreement entered into this 2d day of September, 1910, between the Cloak, Suit, and Skirt Manufacturers’ Protective Association, herein called the manu­
facturers, and the following locals of the International Ladies’ Garment Workers’
Union, namely: Cloak Operators’ Union No. 1, Cloak and Suit Tailors’ No. 9, Amalga­
mated Ladies’ Garment Cutters’ Association No. 10, Cloak and Skirt Makers’ Union
of Brownsville No. 11, New York Reefer Makers’ Union No. 17, Skirt Makers’ Union
No. 23, Cloak and Skirt Pressers’ Union No. 35, Buttonhole Makers’ Union of New
York (Local No. 64), Cloak and Suit Pressers of Brownsville No. 68, hereinafter called
the unions.
Whereas differences have arisen between the manufacturers and their employees
who are members of the unions with regard to various matters which have resulted in
a strike, and it is now desired by the parties hereto to terminate said strike and to
arrive at an understanding with regard to the future relations between the manufac­
turers and their employees, it is therefore stipulated as follows:
First. So far as practicable, and by December 31, 1910, electric power be installed
for the operation of machines, and that no charge for power be made against any of the
employees of the manufacturers.
Second. No charge shall be made against any employee of the manufacturers for
material except in the event of the negl igence or wrongful act of the employee resulting
in loss or injury to the employer.
Third. A uniform deposit system, with uniform deposit receipts, shall be adopted
by the manufacturers, and the manufacturers will adopt rules and regulations for
enforcing the prompt return of all deposits to employees entitled thereto. The amount
of deposit shall be $1.
Fourth. No work shall be given to or taken to employees to be performed at their
homes.
Fifth. In the future there shall be no time contracts with individual shop employees,
except foremen, designers, and pattern graders.
Sixth. The manufacturers will discipline any member thereof proven guilty of
unfair discrimination among his employees.
Seventh. Employees shall not be required to work during the 10 legal holidays as
established by the laws of the State of New York; and no employee shall be permitted
to work more than six days in each week, those observing Saturday to be permitted
T
to work Sunday in lieu thereof; all w eek workers to receive pay for legal holidays.
T
Eighth. The manufacturers will establish a regular weekly pay day and they will
pay for labor in cash, and each pieceworker will be paid for all work delivered as soon
as his work is inspected and approved, which shall be within a reasonable time.
T
Ninth. All subcontracting within shops shall be abolished.
Tenth. The following schedule of the standard minimum weekly scale of wages shall
be observed:
Machine cutters............................................................................................... $25
Regular cutters................................................................................................ 25
Canvas cutters................................................................................................. 12
Skirt cutters....................................................................................................
21
Jacket pressers................................................................................................ 21
56




IN D U S T R IA L COURT OF C L O A K , S U IT , A N D SK IR T IN D U S T R Y .

57

Underpressers................................................................................................. $18
Skirt pressers..................................................................................................
19
Skirt underpressers......................................................................................... 15
Part pressers.................................................................................................... 13
Reefer pressers................................................................................................
18
Reefer underpressers......................................................................................
14
Sample makers................................................................................................ 22
22
Sample skirt makers................. ....................................................................
Skirt basters...................................................................................................
14
Skirt finishers.................................................................................................
10
Buttonhole makers, class A, a minimum of $1.25 per 100 buttonholes; class
B, a minimum of 80 cents per 100 buttonholes.
As to piecework, the price to be paid is to be agreed upon by a committee of the
employees in each shop and their employer. The chairman of said price committee
of the employees shall act as the representative of the employees in their dealings with
the employer.
The weekly hours of labor shall consist of 50 hours in 6 working days, to wit, 9 hours
on all days except the sixth day, which shall consist of 5 hours only.
Eleventh. No overtime work shall be permitted between the 15th day of November
and the 15th day of January or during the months of June and July, except upon
samples.
Twelfth. No overtime work shall be permitted on Saturdays except to workers not
working on Saturdays, nor on any day for more than two and one-half hours, nor
before 8 a. m. nor after 8.30 p. m.
Thirteenth. For overtime work all week workers shall receive double the usual pay.
Fourteenth. Each member of the manufacturers is to maintain a union shop, a
“ union shop” being understood to refer to a shop where union standards as to working
conditions, hours of labor, and rates of wages as herein stipulated prevail, and where,
when hiring help, union men are preferred, it being recognized that, since there are
differences in degrees of skill among those employed in the trade, employers shall
have freedom of selection as between one union man and another, and shall not be
confined to any list, nor bound to follow any prescribed order whatever.
It is further understood that all existing agreements and obligations of the employer,
including those to present employees, shall be respected; the manufacturers, how­
ever, declare their belief in the union, and that all who desire its benefits should share
in its burdens.
Fifteenth. The parties hereby establish a joint board of sanitary control, to consist of
seven members, composed of two nominees of the manufacturers, two nominees of the
unions, and three who are to represent the public, the latter to be named by Meyer
London, Esq., and Julius Henry Cohen, Esq., and, in the event of their inability to
agree, by Louis Marshall, Esq.
Said board is empowered to establish standards of sanitary conditions, to which the
manufacturers and the unions shall be committed, and the manufacturers and the
unions obligate themselves to maintain such standards to the best of their ability and
to the full extent of their power.
Sixteenth. The parties hereby establish a board of arbitration, to consist of three
members, composed of one nominee of the manufacturers, one nominee of the unions,
and one representative of the public, the latter to be named by Meyer London, Esq.,
and Julius Ilenry Cohen, Esq., and, in the event of their inability to agree, by Louis
Marshall, Esq.
To such board shall be submitted any differences hereafter arising between the
parties hereto or between any of the members of the manufacturers and any of the
members of the unions, and the decision of such board of arbitration shall be accepted
as final and conclusive between the parties to such controversy.




58

BULLETIN OF THE BUKEAU OF LABOR STATISTICS.

Seventeenth. In the event of any dispute arising between the manufacturers and
the unions, or between any members of the manufacturers and any members of the
unions, the parties to this protocol agree that there shall be no strike or lockout con­
cerning such matters in controversy until full opportunity shall have been given for
the submission of such matters to said board of arbitration; and, in the event of a deter­
mination of said controversies by said board of arbitration, only in the event of a failure
to accede to the determination of said board.
Eighteenth. The parties hereby establish a committee on grievances, consisting of
four members 1 composed as follows: Two to be named by the manufacturers and two
by the unions. To said committee shall be submitted all minor grievances arising in
connection with the business relations between the manufacturers and their employees.
Nineteenth. In the event of any vacancy in the aforesaid boards or in the arforesaid committee by reason of death, resignation, or disability of any of the members,
thereof, such vacancy, in respect to any appointee by the manufacturers and unions,
respectively, shall be filled by the body originally designating the person with respect
to whom such vacancy shall occur. In the event that such vacancy shall occur among
the representatives of the public on such boards, such vacancy shall be filled by the
remaining members representing the public in the case of the board of sanitary control;
and in the case of the board of arbitration both parties shall agree on a third arbi­
trator, and in case of their inability to agree said arbitrator shall be selected by the
governor of the State of New York.




1 This number was later increased to 10 members, 5 on each side.

APPENDIX B.

REPORT AND RECOMMENDATIONS OF CONFERENCE ON GRIEVANCE
BOARD MATTERS.

In order to obtain a definite understanding of the many questions
pertaining to the records of the board of grievances, a conference
was held on September 10, 1913. It was attended by Dr. Walter E.
Weyl, Dr. Isaac A. Hourwich, Dr. Paul Abelson, Dr. Franklin Edgerton, Messrs. Harry L. Schneider and Charles H. Winslow. The con­
ference took place in room 1312, No. 200 Fifth Avenue, and lasted
from 2.30 to 5.30 p. m. Every phase of the situation was discussed,
particularly the question of the records of the board of grievances.
The following three questions were taken up in detail:
1. Disposition of grievances.
2. Classification of grievances.
3. The study of the records of the board of grievances up to date.
It was commonly agreed that the above questions were of a funda­
mental nature.
DISPOSITION OF GRIEVANCES.

At the outset the prevailing opinion seemed to be that the forms
used at present for the recording of grievances were to a great extent
meaningless; that the manner in which they had been kept made it
absolutely impossible for anyone studying them to get at the real
facts— the particular actions or specific grievances. The terms used
were vague and indefinite. To illustrate: The term “ dropped”
stood for five different kinds of action taken by the clerks of the board
of grievances. This is clearly shown in a report entitled, “ A study
and analysis of cases filed by the union marked edropped7 sub­
,
mitted by counsel for the manufactures at the session of the board
of arbitration, August 8, 1913.” 1
Similarly, the terms “ withdrawn” and “ adjusted” stood for
more than one kind of action taken.
It was felt by all that there was a distinct advantage to be gained
by completely eliminating these vague terms and substituting such
terms as would clearly indicate the precise action taken. It was at
first urged that the form for the disposition of grievances be limited
to “ in favor of the respective sides,” “ discontinued” when no inves­
tigation was made, “ disciplined by the respective sides whenever it
was found necessary,” “ referred to board of grievances for trial when
clerks disagreed.”




1 Minutes of the board of arbitration, p. 47.

59

60

B U L L E T IN

OF T H E B U R E A U

OF LABOR STATISTICS.

After a lengthy discussion it was found necessary, for psychological
reasons, to include the terms “ compromised” and “ settled by the
good offices of the association and union.”
Throughout the discussion it was repeatedly brought out that the
difficulty in establishing any new forms for the disposition of griev­
ances would be found in getting the clerks to adhere to them. In
order to meet this, it was the opinion of the conference that the terms
must be clearly defined, rules for the disposition of each and every
kind of case be laid down, and the clerks be instructed not to depart
from them. It was then agreed—
a. That the terms “ dropped,” “ withdrawn,” and “ adjusted” be eliminated as
marks of disposition of grievances.
b. That the following terms be substituted:
1. In favor of the association.
2. In favor of the union.
3. Compromised.
4. Discontinued (no investigation).
5. Settled between the parties before investigation.
6. Settled by the good offices of the union and association.
7. Referred to the board of grievances for trial.
8. Referred to the board of grievances for discipline by union.
9. Referred to the board of grievances for discipline by association.
10. Referred to the board of grievances for discipline by association and union.
c. That the above terms be clearly defined and stringent rules laid down for their
application.
CLASSIFICATION OF GRIEVANCES.

Next the question of classification of grievances was taken up. As
a basis for discussion the following two classifications were submitted:
CLASSIFICATION, BULLETIN N O. 98.

1. Reinstatement for alleged unjustifia­
ble discharge.
2. Discrimination and unequal distribu­
tion of work.
3. Dispute in fixing prices.
4. Claim for wages due.
5. Paying under scale of wages.
6. Working on garments when price is
unsettled.
7. Cessation of work.
8 Enforced competition between piece­
workers and week workers.
9. Interference with conduct of and dis­
cipline in factory.
10. Nonprotocol condition in outside
shops.
11. Nonpayment for holidays.

.




u n io n s ’

c l a s s if ic a t io n .

1. Wrongful discharge. Discrimination
against individual.
2. Unequal distribution of work.
3. Dispute in fixing prices.
4. Claim for wages due. Contractor ab­
sconded with wages.
5. Paying under the weekly scale.
6. Unsettled garments made.
7. Stoppage of work.
8. Samples made by piece.
engaged by the piece.
9.

Pressers

10. Nonprotocol conditions in contract
shop.
11. Nonpayment for legal holidays.

IN D U S T R IA L COURT OF C L O A K , S U IT , A N D S K IR T IN D U S T R Y .
c l a s s if ic a t io n , b u l l e t in

n o

. 98—

con.

12. Hours of labor and overtime.

13. Discrimination in distribution of
work in favor of outside shops.
14. Forced reduction of settled price.
15. Fixing amount of deduction from
wages for damaged garments.
16. Inside contract system.
17. Failure to install electric power.
18. Delay in complying with terms of
adjustments.
19. Abusive treatment of employees.

20. Discrimination in distribution of work
against outside shops.
21. Miscellaneous.
22

.

u n io n s

61

’ c l a s s if ic a t io n — c o n c lu d e d .

12. Nonpayment for overtime. Working
Saturday af ternoon. Working Sun­
day. Working on legal holiday.
Nonprotocol hours.
13. Discrimination in favor of outside
shops.
14. Reduction of piece prices.
15. Wrongful charge against individual.
16. Inside subcontracting.
17.
18. Noncompliance with terms of adjust­
ment.
19. Abusive treatment of shop chairman.
Abusive treatment of business
agent. Abusive treatment of em­
ployees.
20. Discrimination in favor of inside shop.
21. Miscellaneous.
22. Lockout. Irregular settlement, of
prices. Individual a g r e e m e n ts.
Payment by checks. No shop
chairman or price committee per'mitted. Unregistered contractor.
Nondelivery of communications.
Nonunion employees. D e p u t y
clerks, collection of fines. Deputy
clerks, services of notice. Deputy
clerks, discharge.

It was agreed that the grievances be divided into two groups:
(a) Calendar cases, and (6) noncalendar cases.
The noncalendar cases were to be ( 1 ) those that both sides agreed at
the conference to call noncalendar cases, (2 ) any other case involving
a conflict of jurisdiction not coming within the rules and regulations,
(3) where neither party, even though assuming responsibility, was
culpable, (4) those where a request for cooperation was made.
The conference agreed to list as “ noncalendar cases” the following:
1 . Nonunion employer.
2. Collection of fine, deputy clerk.
3. Services of notices, deputy clerk.
4. No shop chairman on price committee.
5 . Contractor absconded with wages.
The following changes in the classifications submitted were agreed
upon:
No. 1, which reads “ Wrongful discharge. Discrimination against individual,”
according to unions’ classification, and “ Reinstatement for alleged unjustifiable dis­
charge,” according to classification in Bulletin No. 98 of the United States Bureau




62

B U L L E T IN

OF T H E B U R E A U

OF LABOR STATISTICS.

of Labor, changed to read, ‘'Discrimination against individual by giving him no
work or by discharge.”
No. 2, which reads “ Discrimination and unequal distribution of work,” according
to Bulletin No. 98, and “ Unequal distribution of work,” according to the unions’
classification, changed to read, “ Inequitable distribution of work.”
No. 7, which reads “ Cessation of work,” according to Bulletin No. 98, and “ Stop­
page of work,” according to the unions’ classification, changed to read, “ Shop
strike,” and similarly “ Lockout” shall be “ Shop lockout.”
No. 15, which reads “ Fixing amount of deduction from wages for damaged garments, ’ ’
according to Bulletin No. 98, and “ Wrongful charge against individual,” according
to unions’ classification, changed to read. “ Unfair deduction for damaged garments.”
STUDY OF RECORDS OF BOARD OF GRIEVANCES.

Some discussion was had upon this matter.
agreed upon:

The following was

1. That if possible, the new classification of grievances and the new forms of dispo­
sition be established by September 15, 1913.
2. That all cases up to that date be signed up by the clerks on the old basis.
3. That very old cases that have not been disposed of, be signed “ No record of
disposition. ”
4. That all cases from the 15th of September, 1913, be marked N. S. (new series) and
start with No. 1.
5. That a study be made of all cases under the old series, making summaries and
preparing analyses of them, in accordance with the new method of disposition devised.

It was suggested that a system of cross reference between union
and association files of grievances be established, so that at all times
it could be easily ascertained whether the records of one office corre­
sponded to those of the other.
After laying down the general principles to govern the classification
and disposition of grievances, the study of the records up to date, and
the installation of a new system of records, the conference authorized
a subcommittee to be appointed to prepare and present a definite
plan for the reorganization.
In order to harmonize the classifications of Bulletin No. 98
with that of the unions, the conference authorized the following
modifications:
1. Disposition of grievances: (a) Definition of the terms,
cation.
2. A method for cross reference.

(b) Kules for their appli­

Mr. Charles H. Winslow assigned Mr. Harry L. Schneider and
Dr. Franklin Edgerton to work out the details of these plans and
to submit a report.
The following report was subsequently submitted:
CLASSIFICATION OF COMPLAINTS.

1.
2.
3.
4.

Shop strike.
Shop lockout.
Paying under weekly scale.
Samples made by piece.




IN D U S T R IA L COURT OF C L O A K , S U IT , A N D SK IR T IN D U S T R Y .

63

5. Pressers engaged by piece.
6. Nonpayment for legal holidays.
7. Failure to pay overtime rates.
8. Working Saturday afternoon (or Sunday afternoon).
9. Working Sunday (or Saturday).
10. Working during nonprotocol hours.
11. Working on legal holidays.
12. Failure to install electric power.
13. Inside subcontracting.
14. Individual agreements.
15. Paying by checks.
16. Discrimination against individual by giving him no work (by discharge).
17. Discrimination against individual in the distribution of work.
18. Inequitable distribution of work in shop, as a whole.
19. Discrimination in favor of week workers.
20. Stock garments made by the week.
21. Discrimination in favor of inside shop.
22. Discrimination in favor of outside shop.
23. Irregular settlement of prices.
24. Dispute in fixing prices.
25. Unsettled garments made.
26. Reduction of piece prices.
27. Suing firm for breach of contract.
28. Unregistered contractors.
29. Nondelivery of communications.
30. Duplicates made by the week.
31. Unfair deduction for damaged garments (instead of “ Wrongful charge against
individual” ).
32. Abusive treatment of shop chairman and price committee.
33. Abusive treatment of employees.
34. Interference with conduct and discipline of factory.
35. Nonprotocol conditions in contract shop.
36. Claim for wages due.
37. Noncompliance with terms of adjustment
38. Abusive treatment of clerks.
39. Miscellaneous.
NONCALENDARED CASES.

1.
2.
3.
4.
5.

Nonunion employees.
Collection of fine, deputy clerks.
Service of notice, deputy clerks.
Contractor absconded with wages.
Miscellaneous.
DISPOSITION.

I.
II.
III.
IY.
Y.
YI.
Y II.
V III.
IX.
X.
ciation.

In favor of the association.
In favor of the unions.
Compromised.
Settled without the assistance of the clerks.
Discontinued (no investigation).
Settled by the good offices of the clerks.
Referred to the board of grievances for trial.
Referred to the board of grievances for discipline by the association.
Referred to the board of grievances for discipline by the unions.
Referred to the board of grievances for discipline by the unions and the asso­




64

B U L L E T IN

OF T H E B U E E A U

OF LABOR STATISTICS.

RULES FOR THE DISPOSITION OF GRIEVANCES BY DEPUTY CLERKS.

A. If upon investigation clerks find that the complainant is satisfied, sign IV.
B. If complaining party withdraws complaint without investigation, sign V. (Dis­
cuss this point with deputy clerks).
C. If clerks can not agree on disposition or on facts, or find themselves incapable of
trying and deciding the case, sign VII.
D. If for any violation by either party, of either protocol or rules of the board of
grievances, it is deemed necessary to discipline one or both sides, sign VIII, IX, or X,
as the case may be.
E. If any complaint is filed by the union, and upon investigation the clerks find
that the complaint is unfounded, or that no interference or action in the case is called
for, sign I (“ In favor of the association” ). Conversely, if such complaint is filed by
the association and is decided to be unfounded, sign II (“ In favor of the unions” ).
F. Unless Rules A, B, C, and D hold good, all complaints under the following head­
ings must be signed I or II (“ In favor of association” or “ In favor of unions ” ).
Cases under headings 1, 2, 3, 4, 5, 6, 7, 8, 9,10,11,12,13, 14, 15, 19, 20, 26, 27, 28, 29,
30, 35, and 37, can not under any circumstances be signed III or VI.
G. Unless Kules A, B, C, or D hold good, in cases coming under heading 16, proceed
as follows: (1) If the man in question is not reinstated, the case must be signed I.
(2) If the complaint is proved, and the man is therefore reinstated, sign II. (3) If the
complaint is not clearly proved, but without deciding the merits of the case the man
is reinstated, the clerks may in their discretion sign III or VI.
H. Unless Rules A, B, C, or D hold good, cases coming under headings 17, 18, 21,
and 22 are to be disposed of in like manner as those coming under Buie C; that is, if
the discrimination as charged is not clearly proved, but some more or less indefinite
action is taken, the case may be signed either III or VI.
J. Unless Kules A, B, C, or D hold good, cases coming under the headings 32, 33,
and 34 are to be disposed of as follows: (1) When charge is clearly proved or disproved,
sign I or II, as the case may be. (2) When clerks determine that both sides in the
quarrel have been equally at fault, the case may be signed VI.
K. Unless Kules A, B, C, or D hold good, cases coming under the heading 36 must
be signed I, II, or III.
DEFINITION OF TERMS USED IN DESCRIBING DISPOSITION OF CASES.

I and II. (See Kule E.)
III.
“ Compromised.” This term to be used when the action taken does not grant
fully or unconditionally the contention of either side. It can be used only in cases
where the clerks recognize conflicting rights.
IV and V. (See Kules A and B.) “ Discontinued” can not be used after an inves­
tigation or partial investigation of any sort has been begun by the two deputy clerks.
If after the investigation is begun, and before the decision is made, the contending
parties reach an agreement independently of the clerks, sign IV (“ Settled without
the assistance of the clerks” ).
An investigation is construed to have begun, either (1) when the clerks or deputy
clerks on the two sides have formally started to consider evidence in the case together,
or (2) when they have gone together to the factory where the trouble has arisen..
In all such cases the term “ Discontinued” can not be used, but the term “ Settled
without the assistance of the clerks,” may be used.
VI.
“ Settled by the good offices of the clerks.” To be used only in cases where
the clerks persuade either side to yield rights which it can not be required to yield,
and for the yielding of which it does not expect, or receive any concession in return.
(If a concession is made by the other side in return, the case should be signed
“ Compromised. ’ ’)




IN D U S T R IA L COURT OF C L O A K , S U IT , A N D SK IR T IN D U S T R Y .

65

An instance of a case “ Settled by the good offices of the clerks” would be the follow­
ing: An employee is discharged, and the union charges discrimination. The clerks,
upon investigation, find that the man was notoriously incompetent, and that, there­
fore, the manufacturer was within his rights in discharging him. They, nevertheless,
intercede for the man, and induce the employer to reinstate him voluntarily, on the
ground that the man is in danger of starvation, or for some other personal reason.
VII. (See Rule C.)
VIII, IX , and X . (See Rule D.) We recommend that cases coming under head­
ings 23, 24, 25, and 31 be attended to by the agents of the price commission and filed
separately with such technical marks of disposition as the price commission may
decide.

The following matters were left open for discussion:
1. Whether “ suing firm pending trial before the board of griev­
ances’ 1 should become a calendar or a noncalendar case.
2. Rules and forms for the disposition of noncalendar cases.
3. Whether complaints Nos. 19 and 20 were not the same thing.
4. Whether complaint No. 25, “ unsettled garments made,” is a
complaint before the board of grievances by the terms of the pro­
tocol.
PROPOSED DAILY DOCKET OF COMPLAINTS FILED.

(date).
1

2

3

4

5

6

Docket No.

Name of firm.

Union No.

Association No.

Class No.

Disposition No.

This docket is to be made up in the office of the association each day, and a dupli­
cate to be filed with the union at the close of the business day.
Column 1. To contain the docket number (new series) of all complaints filed during
the day by either association or union.
Column 2. Name of firm.
Column 3. To contain the file numbers of union letter or letters received in the
case. (If association complaint, to be left blank unless a reply in writing is received
from the union.)
Column 4. To contain the file number of association’s communication, if any,
dealing with the complaint.
Column 5. To contain the number of the class to which the complaint belongs
under the new classification.
Column 6. To be left blank until case is finally disposed of, when each office should
enter the Roman numeral indicating the class of disposition.
35612°—Bull. 144—14------5




APPENDIX C.

DETAILED STATEMENT OF CASES DISPOSED OF BY THE BOARD OF
GRIEVANCES, BY NATURE OF GRIEVANCES AND METHOD OF DIS­
POSITION, APRIL 15, 1911, TO OCTOBER 31, 1913.
1. STOPPAGE OF WORK.
No.
136

Filed by—

Date.

Association.

183 .......do..........

Mar. 31,1911

207

Apr. 11,1911

253 .......do..........

Apr. 24,1911

391

May 23,1911

526 ___d o.......... June 26.1911
565 .......d o.......... June 27.1911
July 5,1911
579
581 .......d o.......... July 6,1911
630 . .. d o........ July 12,1911
640 .......d o .......... July 15,1911
692 .......d o.......... July 21,1911
1251
do
1448 .......d o..........

Nov. 6,1911
Dec. 20,1911

1449 .......d o.......... .......d o ...........
d o ........ Dec. 21,1911
1501
.. do......... Jan. 11,1912
1508
1529 .......d o.......... Jan. 9,1912
1542
do
1548 .......d o..........
1602 .......do..........

Jan. 10.1912
Jan. 16.1912
Jan. 30,1912

1640 .......d o.......... Jan. 31,1912
1697 .......d o..........

Feb.

8,1912

1699 .......d o.......... Feb. 9,1912
Apr. 16,1912
2074
.d o
2088 .......d o.......... May 3,1912
2209 .......do.......... Apr. 30,1912
2465 .......do..........

June

7,1912

June 27,1912
2571 ___d o___ _
2606 ....... d o .......... July 8,1912

2608 ___do.......... July
2609 ....... d o.......... July

9,1912
5,1912

2756 ....... d o.......... July 17,1912
3034 ....... d o.......... Aug. 23,1912

66




Facts.

Disposition.

Apr. 27, 1911, on calendar of board of grievances;
May 18, agreed that presser who stopped work
should get only two days’ pay; man paid, July 20,
p. 73.
Apr. 15, p. 30; firm sustained in discharging men
for cessation of work.
Firm sustained in disciplining shop chairman for
cessation of work.
Stoppage followed by picketing; unions ordered to
insert advertisements in trade paper that there
is no strike in the shop of the firm.
Involved questions of reasonableness of settled
prices; clerks ordered to adjust, p. 61.
July 20, p. 73, action by board of grievances............
Charges not pressed by the complainant...................
Stoppage until prices are revised, July 7, p. 70; in­
vestigation ordered by board of grievances.
Action by board of grievances on July 7, p. 73.........
Nov. 9, reported as adjusted......................................

Compromised.

Cessation of work in shop of firm’s contractor; Jan.
22, p. 107, ruling made.
Aug. 1, p. 76, employee E. to be discharged; fur­
ther investigation Sept. 12; reported as adjusted.
----------------- Nov. 9, p. 88........................
Appointed committee to settle matters, Jan. 26, p.
106.
People refuse to work overtime on salesmen’s sam­
ples; Mar. 2, p. 119, appointed committee to in­
vestigate.
As in 1449.....................................................................
Feb. 3, 1912, p. I l l ......................................................
Jan. 15, 1912, p. 103; referred to clerks for adjust­
ment, Jan. 22, p. 107.
As in 1529...................................................................
Jan. 22, p. 106; further investigation, Feb. 23,1912..
Feb. 3, p. Ill; laid over, Mar. 2, p. 120; conference
to be arranged for settlement, Sept. 19, p. 169.
Feb. 3, p. I ll; clerks to take up with joint board of
sanitary control question of vacating building
during noon hour, etc.
Mar. 2, p. 119; conference in presence of counsel to
be held on Mar. 9, but in the meantime firm to be
instructed that when piecework is in vogue in
outside shop, joint price committee should settle
prices on this class of goods.
Mar. 15, p. 124, laid over,---------------, 1912................
July 15, p. 149..............................................................
Men refuse to sew in sleeves on plushes without hav­
ing finishers baste them at first; July 12, 1912,
compromised.
Men refuse to work on duplicates before bonus is
settled; May 8, p. 138, committee appointed to
settle.
June 24,141; referred to committee for reinvestiga­
tion; records are incomplete; according to Dr.
Abelson case w as compromised.
T
July 12, p. 147..............................................................
Originally decided for association by the clerks;
July 12, p. 147, an attempt was made to reopen;
board of grievances refused, leaving status quo
unchanged.
July 12, p. 147...............................................................
July 15, p. 148, special committee appointed to in­
vestigate.
July 23,1912, p. 151, referred to executive committee
of association for discipline.
Sept. 19, p. 168.............................................................

In- favor of as­
sociation.
Do.
Compromised.
Do.
Dropped.
Do.
In favor of as­
sociation.
Dropped.
In favor of as­
sociation.
Dropped.
In favor of as­
sociation.
W ithdrawn.
Compromised.
Dropped.
Do.
Do.
Compromised.
Do.
Do.
Dropped.
Compromised.
Do.

Dropped.
Compromised.
Do.
Do.
Do.
In favor of as­
sociation.
Dropped.
Compromised.
In favor of as­
sociation.
Dropped.

IN D U S T R IA L COURT OF C L O A K , S U IT , A N D SK IR T IN D U S T R Y .

67

DETAILED STATEMENT OF CASES DISPOSED OF BY THE BOARD OF
GRIEVANCES, BY NATURE OF GRIEVANCES AND METHOD OF DIS­
POSITION, APRIL 15, 1911, TO OCTOBER 31, 1913— Continued.
1. STOPPAGE OF WORK—Concluded.
N o.

Filed by—

Date.

Facts.

Disposition.

$195

Aug. 30, p. 156, subcommittee appointed to investi­
gate and adjust.
Sept. 19, unions ordered to state their position in
the case.
Dec. 17, p. 193, committee appointed to adjust___

In favor of as­
sociation.
Dropped.

Association

Aug. 27,1912

3314 ___ d o ........

Sept. 16,1912

4207

___ d o ........

Dec.

4368
4369

___d o ........
___d o ........

Dec. 16,1912
Dec. 17,1912

As in 4207................................................................... .

4381

. . . . d o ........

Jan. 23,1913

Issue: Whether settlement of prices on coats shall
be made by a joint committee of inside and out­
side shops or by separate price committees; Feb.
10,p. 195.
See special study of “ Disagreement cases” ............. .
As in 5164................................................................... .
As in 5164................................................................... .

5164
6337
6338

.do
.do
.do

4,1912

Apr. 14,1913
Aug. 8,1913
Aug. 12,1913

In favor of as­
sociation.
Compromised.
In favor of as­
sociation.
Dropped.

Disagreement.
Do.
Do.

2. DISCRIMINATION.
166 Unions........ Mar. 28,1911
177 ....... d o .......... Mar. 29,1911

Apr. 15, p. 30, laid over; Apr. 21, p. 33.....................
Apr. 15, p. 29, referred to conference on status of
nonunion men; ruling made afterwards.
178 ....... d o .......... ....... d o ............ As in 177.............................. ........................................
181 ....... d o .......... Mar. 31,1911 Apr. 15, p. 29, special committee to further investi­
gate; Apr. 21, p. 32.
202 ....... d o.......... Apr. 6,1911 Apr. 15, p. 29; committee to investigate; Apr. 21, p.
32.
206 ....... d o.......... Apr. 10,1911 Apr. 15, p. 29, laid over for a week; Apr. 21, p. 33,
committee to investigate; Apr. 27, p. 35, commit­
tee reports.
209 ....... d o.......... ....... d o........... Apr. 15, p. 29, committee to investigate; Apr. 21, p.
32.
217 ....... d o.......... Apr. 12,1911 Minutes, p. 44, as in 219.............................................
219 ....... d o.......... ....... d o........... Minutes, p. 44, resolution on status of nonunion men
adopted.
237
Apr. 19,1911 May 4,1911, p. 46, carried, pending decision of board
of arbitration on these matters, employer to be
asked to distribute work as equally as possible.
254 ....... d o .......... Apr. 24,1911 May 4, p. 46, special committee to investigate; May
10 (according to record of unions) list prepared by
Dr. Edgerton.
256 ....... d o.......... ....... do............ Apr. 27, p. 35...............................................................
May 4, p. 46..................................................................
258 ....... d o ..........
283 ....... d o .......... May 2,1911 May 4, p. 46, special committee appointed to inves­
tigate; May 6,1911, in letter to association firm to
take man back.
284 ....... d o.......... May 3,1911 May 4, p. 46.................................................................
292 ....... do..........

May

5,1911

300 ....... do..........
310 ....... do..........

May
May

6,19.11
8,1911

951 ....... do..........

Sept. 7,1911

1308 ....... do..........

Nov. 16,1911

1388 ....... do..........

Dec. 12,1911

2927 ....... do..........

July 31,1912

3314 ....... do.......... . Aug.

6,1912

5166 ....... do..........

May

3,1913

6290
6294 ....... do..........
6316 ....... do..........

Mar. 27,1913
Apr. 5,1913
July 15,1913




Man refused to work on garment because it was
somewhat different from the one the price of
which was settled; firm then disciplined man;
May 10, p. 149.
May 10,1911, p. 49; laid over May 16,1911...............
May 10,1911, p. 49; investigation ordered; see rec­
ord.
Records incomplete; it appears from interview with
clerks that it has been compromised.
People were discharged because firm, it is claimed,
wanted to give up whole department; Nov. 16,
p. 91, investigation ordered; Nov. 29, p. 94, issues
to be submitted to board of grievances.
Discrimination against 4 operators; Jan. 22, 1912,
p. 107, motion to investigate on the ground of dis­
crimination lost.
Discrimination in favor of outside shop; Sept. 19,
p. 108, “ Dropped without prejudice.”
Minutes, p. 169, Sept. 19; unions to make specific
complaints.
Discrimination against presser G.; May 15, p. 211,
further investigation.
May 15, p. 211..............................................................
Discrimination against operator, May 15, p. 211.......
Discrimination against finisher; Aug. 13, 1913,
clerks’ decision upheld; man to get $109.22 for lost
earnings.

Dropped.
Compromised.
Do.
In favor of as­
sociation.
Do.
Compromised.
Dropped.
Compromised.
Do.

Do.
In favor
unions.

of

Dropped.
W ithdrawn.
Compromised.
In favor
unions.
Do.

of

Compromised.
Do.
Do.
Disagreement.

In favor of as­
sociation.
Compromised.
In favor of
unions.
Disagreement.
Withdrawn.
Compromised.
In favor of
unions.

68

B U L L E T IN

OF T H E B U R E A U

OF LABOR STATISTICS.

DETAILED STATEMENT OF CASES DISPOSED OF BY THE BOARD OF
GRIEVANCES, BY NATURE OF GRIEVANCES AND METHOD OF DIS­
POSITION, APRIL 15, 1911, TO OCTOBER 31, 1913— Continued.
3. ALLEGED WRONGFUL DISCHARGE.
Tslo.

Filed by—

Date.

Disposition.

Wrongful discharge of operator because he refused In favor of
to work; man says he was sick; May 4, p. 46,
unions.
clerks ordered an investigation, suggesting rein­
statement; May 10, p. 49, man to be reinstated.
311 ....... do.......... May 9,1911 May 10, p. 49, further investigation by committee; Compromised.
Aug. 1,1911, reported by clerks (according to rec­
ords of union).
338 ....... do.......... May 12,1911 May 24, p. 61, man properly discharged.................... In favor of as­
sociation.
500 ....... do.......... June 24,1911 Wrongful discharge of man; firm claims he used vile Dropped.
language; July 7, p. 73, further investigation;
Sept. 12, dropped by mutual consent.
501 ....... do.......... June 21,1911 Discharge of coat department, July 7, p. 73; re­ In favor of
opened by unanimous consent for further investi­
unions.
gation, Aug. 1; settled.
610 ....... do.......... July 10,1911 Discharge due to alleged reorganization of factory, In favor of as­
July 7, p. 73; further investigation; Aug. 1, settled.
sociation.
622 ....... do.......... Aug. 16,1911 Discharge of 2 pressers; men sued firm in courts; Withdrawn.
Jan. 22,1912, p. 107.
1240 ....... do.......... Nov. 4,1911 Discharge of tailor; firm claimed linings were dis­ Compromised.
appearing and that tailor stole them; Nov. 9, p.
88; further investigation, Jan. 22.
1295 ....... do.......... Nov. 6,1911 Discharge of 3 operators and 5 finishers, Nov. 16, p.
Do.
90; further investigation, Dec. 15,1911.
Jan. 8,1912 Claim reinstatement of presser wrongfully dis­ In favor of
1489
charged; Jan. 22, p. 106, referred to clerks for fur­
unions.
ther investigation; Feb. 3,1912, firm to be reported
to executive committee of association for dis­
cipline.
1691 ....... d o . . . . . . Feb. 5,1912 Similar to 1489; Mar. 15, p. 124, both sides to be dis­ Compromised.
ciplined.
1906 ....... do.......... Mar. 11,1912 Similar to 1691; Mar. 15, p. 123, laid over. July —, Dropped.
1911, reported as dropped.
Do.
1972 ....... do.......... Mar. 21,1912 Similar to 1906; July 15, p. 149, dropped by unani­
mous consent.
Do.
2131 ....... do.......... Apr. 12,1912 Similar to 1972; May 10, p. 139, referred to special
committee. Nov. 6, dropped by mutual consent.
Do.
2169 ....... do.......... Apr. 25,1912 Reinstatement of operator wrongfully discharged;
May 10, p. 139, referred to special committee;
Nov. 6, dropped by mutual consent.
2219 ....... do.......... May 4,1912 Similar to 2169; May 6, p. 137, further investigation; Compromised.
May 8, p. 138, laid over; May 10, p. 139, to be tried;
July 15, p. 148, committee reports case compro­
mised.
2570 ....... do.......... June 26,1912 Similar to 2169; July 12, p. 147, next meeting; record In favor of as­
gave no indication of action or disposition; case ap­
sociation.
parently was decided in favor of the association,
as far as it could be ascertained from interviewing
the clerks.
2572 ....... do.......... June 27,1912 July 12, p. 147, laid over; July 15, p. 150, operator Compromised.
was to be reinstated; special committee to investi­
gate foreman.
Reinstatement of wrongfully discharged employee; In favor of as­
2720 ....... do.......... July 18,1912
sociation.
July 23, p. 151, case dropped; further tracing of the
case tends to snow that it really was decided.
3311 .......do.......... Sept. 15,1912 Similar to 2720; Sept. 19, p. 169, clerks to establish Dropped.
protocol conditions in contractor’s shop.
5188 ....... do.......... Apr. 14,1913 See footnote on last page of study of disagreement In favor of
unions.
cases.
240

Unions........




Apr. 21,1911

Facts.

IN D U S T R IA L COURT OF C L O A K , S U IT , A N D SK IR T IN D U S T R Y .

69

DETAILED STATEMENT OF CASES DISPOSED OF BY THE BOARD OF
GRIEVANCES, BY NATURE OF GRIEVANCES AND METHOD OF DIS­
POSITION, APRIL 15, 1911, TO OCTOBER 31, 1913— Continued.
4. NONPAYMENT FOR LEGAL HOLIDAYS.
No.

Filed by—

Facts.

Date.

Disposition.

Unions..

3745
3751
3759
3762
3767
3768
3770
3771
3782
3783
3829
3877

Mar.

2,1911

Apr. 21, p. 33, laid over; Apr. 27, p. 35—Held: The
firm to discipline foreman of pressing department
for not handing over the money that was given
him for men.

In favor
unions.

Unions1.

Oct. 18,1912

Nov. 11,1912, p. 182, without any formal discussion
matter referred to board of arbitration for final ad­
judication.

Disagreement.

of

5. NONPROTOCOL CONDITIONS IN SHOP.
137

Unions........

Mar. 13,1911

167 ....... do..........
238 ....... do.......... Apr. 15,1911
272 ....... do.......... Apr. 29,1911
517 ....... do.......... June 10,1911
1407 ....... do..........

Dec. 12,1911

1588 ....... do..........

Feb.

2,1912

1968 ....... do.......... Apr.

1,1912

2620 ....... do.......... July

6,1912

Nonprotocol conditions with reference to working
overtime hours, holidays, etc.; Apr. 15, p. 30,
firm and employees to be disciplined.
Apr. 15, p. 30, laid over; Apr. 21, p. 32, committee
to investigate; May 4, p. 46, laid over; Jan. 22, p.
107.
May 16, p. 50................................................................
Work after protocol hours; May 4, p. 46...................
Signing of individual contracts by men, etc.; Aug.
----- , dropped by mutual consent.
Dec. 15, p. 100, investigated; Jan. 22, p. 107, ad­
justed.
Feb. 3, p. 11, further investigation; Mar. 15, p. 123,
case to be tried; June 14, compromised.
July 12, settled.............................................................
Individual bargaining; July 15, p. 148, clerk’s deci­
sion upheld; both sides disciplined.

Compromised.
Withdrawn.
Dropped.
Compromised.
Dropped.
In favor
unions.

of

Compromised.
In favor of
unions.
Compromised.

6. DISPUTE IN PRICE MAKING.
221

Unions........

585

Association . July

623

Unions......... July 12,1911

2002 ....... do..........

Apr. 12,1911
7,1911

Mar. 19,1912

2040
do.......... Mar. 22,1912
2617 Association ,
2753 ....... do.......... July 16,1912
3274 Unions........
7475 ....... do..........

Aug. 22,1912
Aug. 18,1913

Apr. 21, p. 32, special committee to investigate;
Apr. 27, p. 35, committee reported adjustment.
Price settling in outside and inside shops; July 20,
p. 73, laid over.
July 7, p. ----- ; when investigators arrived they
found case settled amicably.
Dispute in settlement of two numbers; July 15, p.
149, dropped by mutual consent.
July 12,1912, compromised.........................................
July 15, p. 148, special committee to investigate___
July 23, p. 151; price committee of inside shop to
settle prices; committee appointed to investigate
and adjust dispute about outside shop.
Sept. 19, p. 168.............................................................
Sept. 28,1913, committee appointed to investigate..

In favor
unions.
Dropped.

of

Do.

Do.
Compromised.
Do!
Dropped.
In favor of as­
sociation.

7. CLAIM FOR WAGES DUE.
1122

Unions......... Oct.

9,1911

1124 ....... do.......... ....... d o ...........
1201 ....... do.......... Oct. 28,1911
1403 ....... do..........

Dec.

7,1911

1410 .......d o .......... Dec. 12,1911
1648 .......d o .......... Jar. 4,1912
1762 ....... d o .......... Feb. 26,1912
7544 ....... d o .......... June 24,1913




Claim double pay for Sunday, Nov. 9, p. 88; Jan. 22,
decided that Sunday is no working day according
to protocol, and hence no double pay.
Similar to 1122.............................................................
Nov. 9, p. 88, investigation; Nov. 27, p. 92, parties to
appear before board of grievances; Dec. 15, p. 100.
Shortage in pay of pressers; Dec. 15, p. 100, firm to
appear before executive committee of association.
Dec. 15, p. 100, investigation; Jan. 27, p. 107.........
Mar. 15, p. 124, both sides to be disciplined............
Mar. 15, p. 123............................................................
Claim for bonus on duplicates; June 24, clerks dis’ ; referred to board of grievances.
1Columbus Day cases.

In favor of as­
sociation.
Do.
Compromised.
In favor of
unions.
Do.
Compromised.
In favor of
unions.
Do„

70

B U L L E T IN

OF T H E

BUREAU

OF LABOR STATISTICS.

DETAILED STATEMENT OF CASES DISPOSED OF BY THE BOARD OF
GRIEVANCES, BY NATURE OF GRIEVANCES AND METHOD OF DIS*
POSITION, APRIL 15, 1911, TO OCTOBER 31, 1913— Continued.
8. PAYING UNDER W EEKLY SCALE OF WAGES.
Filed by-

Date.

Facts.
Apr. 15, p. 29, special committee to investigate
further; Apr. 21, p. 32.
Apr. 27, p. 35, referred to executive committee of
association for discipline.
Apr. 21, p. 32, special committee to investigate;
Apr. 27, p. 35, laid over; May 10, p. 49, referred to
executive committee of association for action.
May 24, p. 61, referred to association for action.......
June 1, p. 63, investigation; June 22, dropped by
mutual consent.
Ju ly -------- , p. 73, laid over; Nov. 9, adjusted.........

210

Unions.

Apr. 10,1911

221

___ do. .

Apr. 26,1911

231 ----- d o ..
333 .......do.
409 .......do.

May 12,1911
May 29,1911

486

.do.

June 14,1911

693

.do.

July 13,1911

2165

.do.

Apr. 22,1912

Disposition.
Dropped.
In favor
unions.
Do.

of

Do.
Dropped.

In favor of
unions.
Firm claims man is not full-fledged cutter; Aug. 1, Compromised.
p. 76, sent to joint conference.
July 18,1912, dropped............................................... . Dropped.

9. REDUCTION OF PIECE PRICES.
269

Apr. 28,1911

May 4, p. 46, firm to refund reduced amount..........

Nov. 21,1911

Unions,

Unions

June 18,1912

Dec. 15, reported by clerks as adjusted; May 6,
p. 137, decision of clerks upheld by board of
grievances.
July 15, p. 15, $568 to be paid to unions...............

4043 .......do.
4044 .......do.

Nov. 12,1912
Nov. 9,1912

Dec. 3, p. 189, firm to refund amount reduced........
Similar to 4043. j .........................................................

1351
2509

In favor o I
unions.
Compromised.
In favor
unions.
Do.
Do.

of

10. INTERFERENCE WITH CONDUCT OF AND DISCIPLINE IN FACTORY.
204 j Association . Apr.

7,1911

205 .......d o .......... Apr. 10,1911
555 ....... d o .......... June 30,1911
660 ....... d o .......... July 30,1911

Disturbance in factory; Apr. 15, p. 29, special com­
mittee to investigate; Apr. 21, p. 32.
Apr. 15, p. 29, laid over; Apr. 21, p. 33, special com­
mittee to investigate; Apr. 27, p. 35.
Disorder; damaging property of firm, etc.; July 7,
p. 73, investigation; Jan. 22, p. 107, reported as
dropped.
July 7, p. 73, referred back to clerks; Sept. 12, re­
ported as compromised.

Dropped.
Compromised.
Dropped.
Compromised.

11. COMPLAINT AGAINST SHOP CHAIRMAN.
243

Association . Apr. 26,1911

402 ....... d o .......... May 26,1911
584 ....... d o .......... July 7,1911
1259 ....... d o .......... Nov. 9,1911

June 1, 1911, investigation; unions report election In favor of as­
of new chairman.
sociation.
June 1, p. 63, laid over; case dropped........................ Dropped.
Do.
July 7, p. 70, rulings made; Jan. 22, case dropped..
Nov. 16, p. 90, decision of clerks upheld; new shop In favor of as­
sociation.
chairman to be elected.

12. DUPLICATES MADE BY WEEK.
279 Unions
394 ___ do.
410 ___ do.

May 2,1911
May 22,1911
May 29,1911

Mav 24, p. 61.........
May 24, 1911, p. 61
June 1, p. 63.........

Withdrawn.
Do.
In favor of
unions.

13. INSIDE SUBCONTRACTING.
265

Unions........

Apr. 26,1911

516 ....... d o.......... June 17,1911
662 ....... d o .......... July 26,1911




May 4, p. 46, firm instructed to discontinue prac­
tice.
June 22, p. 68, firm has right to use section system
pending decision of joint conference; matter
never came up again.
Aug. 1, p. 76; investigation, Jan. 27, 1912, p. 107----

In favor
unions.
Dropped.
Do.

of

IN D U S T R IA L COURT OF C L O A K , S U IT , A N D SK IR T IN D U S T R Y .

71

DETAILED STATEMENT OF CASES DISPOSED OF BY THE BOARD OF
GRIEVANCES, BY NATURE OF GRIEVANCES AND METHOD OF DIS­
POSITION, APRIL 15, 1911, TO OCTOBER 31, 1913— Continued.
14. IRREGULAR SETTLEMENT OF PRICES.
No.

Filed by—

Date.
June

446

7,1911

2762 Unions........ July 22,1912
6335 ....... d o.......... Aug. 7,1913

Facts.

Disposition.

July 7, p. 70; referred to board of arbitration; for
detail of case, see Special study of disagreement
cases.
July 23, p. 151, committee appointed to adjust........
See Special study of disagreement cases...................

Disagreement.
Compromised.
Disagreement.

15. NONCOMPLIANCE WITH TERMS OF ADJUSTMENT.
417

Association . May 31,1911

1574 Unions........ Jan. 19,1912
2761 ....... d o .......... July 22,1912

Failure to comply with order of board of griev­
ances; June 1, p. 63.
Similar to 417; Mar. 16, 1912.......................................
Failure to comply with orders of clerks; Nov. 11,
1912.

Compromised.
Do.
Do.

16. NONPAYMENT FOR JEWISH HOLIDAYS.
1042

Unions........

Sept. 25,1911

1043 ....... d o.......... ....... d o ...........

Cutters not paid for Jewish holiday; Nov. 9, p. 88,
referred to conference on cutters; Jan. 18, 1912.
Similar to 1042; Jan. 22, 1912......................................

Dropped.
Do.

17. CHANGING OF PIECE PRICE DURING SEASON.
May 23,1911

June 1, p. 63; decided.................................................

408 .......d o .......... May 29,1911

June 1, p. 62; decided................................................

3S3

Unions........

In favor
unions.
Do.

of

18. SHOP LOCKOUT.
556

Unions........

June 22,1911

6336 ....... d o.......... Aug.

7,1913

July 7, 1911, p. 70, if company reestablishes its Dropped.
department during this season, this case will be
considered a lockout; case dropped.
See Special study of disagreement cases.................... Disagreement.

19. CUTTERS WORKING BY THE HOUR.
226

Unions........

Apr. 17,1911

487 .......d o.......... June 14,1911

Apr. 27, p. 34, laid over till the 28th; ruling then
made.
July 7, p. 73; ruling.......................................

Compromised.
Do.

20. ILL TREATMENT OF EMPLOYEES.
1650 Unions........
1653 ....... do..........

Jan. 29,1912

Mar. 15, p. 124, both sides to be disciplined...............
Assault on shop chairman, Mar. 2, p. 120; confer­
ence, 2 men from each side. Dr. Moskowitz to
preside, to be held Sept. 19, p. 169.

Compromised.
Dropped.

21. WEEK WORKER DISCHARGED IN MIDDLE OF WEEK.
622

Unions........

July 12,1911

Discharge of skirt finisher in middle of week; July 7,
p. 73, week’s pay to be divided; July 23, girl to
get pay for full week.

In

favor
unions.

of

22. WEEK WORKER LEAVING EMPLOYMENT IN MIDDLE OF WEEK.
1307

Association . Nov. 16,1911




Three sample makers left employ in middle of week;
Nov. 27, p. 92, postponed; Nov. 29, p. 93, ruling.

In favor of as­
sociation.

72

B U L L E T IN

OF T H E B U R E A U

OF LABOR STATISTICS.

DETAILED STATEMENT OF CASES DISPOSED OF BY THE BOARD OF
GRIEVANCES, BY NATURE OF GRIEVANCES AND METHOD OF DIS­
POSITION, APRIL 15, 1911, TO OCTOBER 31, 1913—Concluded.
23. SAMPLES MADE BY PIECE.
No.
329

Filed by—

Date.

Facts.

Unions........

May 12,1911

May 24, p. 61, investigation; June 1, p. 63,laid over;
adjusted.

L isposition.

In

favor
unions.

21. INEQUITABLE DISTRIBUTION OF WORK.
330

Unions........

May 12,1911

May 24, p. 61, investigation; June 1, p. 63, laid over;
Aug. 1, 1912, dropped.

Dropped.

25. UNREGISTERED CONTRACTOR’S SHOP.
2605

Unions.

June 27,1912

July 12, p. 147

Dropped.

23. UNION REFUSES APPRENTICE TO CUTTER.
679

Association . July 28,1911




Aug. 1, p. 76, conference on the subject to be ar­
ranged; case dropped.

Dropped.

of

APPENDIX D.

EXTRACT FROM DECISION OF BOARD OF ARBITRATION CREATING
COMMITTEE ON IMMEDIATE ACTION, JANUARY 24, 1914.1

Amend the rules by adding the following new rules:
30. C o m m it te e o n I m m e d ia t e A c t i o n . —If the chief clerks shall, after due effort to
conciliate, fail to agree in any case arising under the protocol, they shall, together
with a third impartial person (chosen hereunder by both parties) constitute a com­
mittee on immediate action, which committee shall decide all matters submitted by
the chief clerks, except such matters as involve protocol law.
The committee on immediate action shall, in all instances, aid in the work of medi­
ating and conciliating and in the enforcement of decisions made.
Either party may appeal to the board of arbitration direct from any award made by
said committee on immediate action, but the award shall stand pending the determina­
tion of the appeal.
But the committee on immediate action shall in no case take up the complaint of
the workers wherein a stoppage of work exists until those stopping work shall have
returned to work.
31. The parties shall immediately agree upon the third impartial person provided
for in the preceding rule. In case the parties shall be unable to agree upon such third
impartial person, he shall be selected by a committee consisting of the following:
a. The president of the American Federation of Labor.
b. The head of the political science department of Columbia University.
c. The chairman of the committee on arbitration of the Chamber of Commerce of
the State of New York.
The person so selected shall receive adequate compensation, to be borne equally by
both parties.
32. Each of the parties shall designate its own chief clerk, who shall have power to
designate a first deputy. Each chief clerk shall have power to request his first deputy
to act for him as a member of the committee on immediate action, if circumstances
prevent his personal attendance.




1 Proceedings of the board of arbitration, Jan. 24, 1914.

73




INDEX.
Abuses or grievances, general rules relating to.........................................................................................
14
Adjustment of grievances:
Amendments proposed to provisions in protocol for.........................................................................
5,6
By board of grievances................................................................................................... 7, 8,19,24-55,66-72
By clerks........................................................................................................................................ 7,8,19.24
Method of procedure in........................................................................................................................ 16,17
Noncompliance with terms of, detailed statement of cases due to, and their disposition by board
71
of grievances......................................................................................................................................
Time consumed in ................................................................................................................................ 22,23
Alleged wrongful discharge, detailed statement of cases due to, and their adjustment by board of
grievances.................................................................................................................................................
68
Amendment of rules creating committee on immediate action, in decision of board of arbitration,
January 24,1914........................................................................................................................................ 6,73
Appeals:
Amendments to rules proposed regarding..........................................................................................
5,6
From decisions of the board of grievances..........................................................................................
18
To board of arbitration, rule relating to.............................................................................................
14
Apprentice to cutter refused by union, detailed statement of cases due to, and their adjustment by
board of grievances...................................................................................................................................
72
Arbitration, board of. (See Board of arbitration.)
Association:
Cases settled in favor of, by nature of grievance..................................................................... 27,28,34,35
Number and per cent of grievances of each class filed b y ................................................................. 24,25
Attitude of men who administer the protocol as to precedents.............................................................. 49-51
Board of arbitration:
Cases referred to................................................................................................................................. 8,37-45
Extract from decision of, creating committee on immediate action................................................
73
Rules as to cases and other matters referred to................................................................................. 13,14
Board of grievances:
Adjustment of cases b y .................................................................................................. 7,8,19,24-55,66-72
Appeals from the decisions of................ .............................................................................................
18
As an industrial court, general functions and work of..................................................................... 5,9-23
Cases adjudicated by, after failing to be adjusted by the clerks................................. 7,8,19,24-55,66-72
Cases referred to, by months and by six months’ periods................................................................ 20,22
Classification and disposition of cases adjusted b y ............................................................................
7
Comprehensiveness of the w
rork of...................................................................................................... 45-49
Conference of September 10,1913, as to work of, report and recommendations of.......................... 59-65
Constitution and duties of................................................................................................................... 11,12
Detailed statement of cases disposed of by, according to nature of grievance and method of
disposition......................................................................................................................................... 66-72
Failure to attend meeting of, or refusal to vote, rules relating to.....................................................
14
Failure to comply with decisions or orders of, rules relating t o ......................................................
14
Legislative functions of........................................................................................................................
18
Machinery of..........................................................................................................................................
15
Meetings of, regulations as to............................................................................................................... 18,19
Order of business of................................................................. ............................................................
14
Rules and plan of procedure adopted b y ............................................................................................ 11-14
Study of records of, by conference of September 10,1913..................................................................
62
Cases. (See Complaints; Grievances.)
Causes of grievances adjudicated by the board of grievances.................................. 24-45,51-55,60-63,66-72
Changing piece price during season, detailed statement of cases due to, and their adjustment by
board of grievances................................................................................................................................
71
Claim for wages due, detailed statement of cases due to, and their adjustment by board of
grievances................................................................................................................................................
69
Classification of grievances recommended by conference of September 10,1913.................................... 60-63
Clerks and deputy clerks:
Adjustment of grievances b y ........................................................................................................ 7, 8,19,24
Cases brought before, by months and by six months’ periods..........................................................20-22
Definition of cases settled by good offices of....................................................................................... 64,65
Duties of................................................................................................................................................
11
Grievances adjusted b y ................................................................................................................. 7,8,19,24
Collective bargaining, work of the grievance board as related to............................................................
7,8
Columbus Day cases........................................................................................... ........... 7,19,28-31,37-39,41,42
Committee on immediate action created by board of arbitration in decision of January 24,1914, amend­
ing rules.................................................................................................................... ............................... 6,73
Complaints:
Adjudicated by the board of grievances after failing to be adjusted by the clerks..- 7,8,19,24-55,66-72
Against the shop chairman, detailed statement of cases due to, and their adjustment by board of
grievances............................... ...........................................................................................................
70
Daily docket of, proposed by conference, of September 10,1913........................................................
65
Disagreed upon as to settlement by board of grievances................................................................... 37-45
Disposed of by board of grievances, detailed statement of, by nature of grievance and method of
disposition..........................................................................................................................................66-72
Disposition of, by source and nature of complaint............................................................................ 27-31




75

76

IN D E X .

Complaints—Concluded.
Page.
Identical, adjudication o f.....................................................................................................................
8
Justifiability of, as indicated by disposition.......................................................................................31-33
Seasonal fluctuations in number o f...............................................................................................]. ” 19-22
Settlement of, by nature of grievance..................................................................................................27-31
Sources of, brought before the board of grievances....................................................................! . . "
24
Compromised cases:
Definition o f..........................................................................................................................................
64
Discussion of..........................................................................................................................................
46
Number and per cent of........................................................................................................................
7
Number and per cent of, by nature of grievances.................................................................... 27-31,35,36
Conference of both parties called by board of grievances, cases requiring................................ ............
14
Conference of September 10, 1913, on grievance board matters, report and recommendations of.........59-65
Contractor’s shop, unregistered, detailed statement of cases due to, and their adjustment by board
of grievances.............................................................................................................................................
72
Cutters working by the hour, detailed statement of cases due to, and their adjustment by board of
grievances..................................................................................................................................................
71
Daily docket of complaints proposed by conference of September 10,1913............................................
65
Deadlock cases. (See Disagreement cases.)
Decisions rendered by board of grievances:
18
Appeals from............................................................................................................ .............................
Favorable to associations and to union, number and per cent of................................................. 7,32-35
Of each specified nature........................................................................................... .................. 27-45,66-72
Rules relating to ...................................................................................................................................
12
Deputy clerks, disposition of grievances by, rules for, adopted by conference of September 10, 1913..
64
Deputy clerks. ( See also Clerks and deputy clerks.)
Disagreement cases:
Definition of........................................................................................................................... ..............
31
Detailed account o f............................................................................................................................... 40-45
General character of..............................................................................................................................
8
Number and per cent of........................................................................................................................
7
Number and per cent of, by nature of grievance...................................................... ................. 27-31,37
Summary of................................................................................................................. ! ....................... 37-40
Discharge:
Alleged wrongful, detailed statement of cases due to, and their adjustment by board of grievances.
68
Of week worker in middle of week, detailed statement of cases due to, and their adjustment by
board of grievances........................................... ................................................................................
71
Wrongful, rules relating to grievances arising from..........................................................................
13
Discipline in factory, interference with, detailed statement of cases due to, and their adjustment by
board of grievances...................................................................................................................................
70
Discrimination:
Detailed statement of cases due to, and their adjustment by board of grievances..........................
67
Or wrongful discharge, rules relating to grievances arising from......................................................
13
Disposition of grievances:
By board of grievances................................................................................................... 7, 8,19,24-55,66-72
By clerks and deputy clerks.......................................................................................................... 7,8,19,24
64
By deputy clerks, rules for, adopted by conference of September 10, 1913......................................
Definition of terms used in describing, adopted by conference of September 10, 1913.................... 64,65
Recommendations of conference of September 10, 1913, as to........................................................... 59,60
Disputes in price making, detailed statement of cases due to, and their adjustment by board of
grievances.................................................................................................................................................
69
Disputes, method of procedure in adjusting............................................................................................. 16,17
Disqualification of members of board of grievances, rule relating t o ......................................................
14
Distribution of complaints referred to the board of grievances, by causes.............................................24,25
65
Docket, daily, of complaints proposed by conference of September 10, 1913.........................................
Dropped cases:
Definition o f..........................................................................................................................................
31
Number and per cent of.......................................................................................................................
7
Number and per cent of, by nature of grievance.......................................................................... 27-31,36
Duplicate record, rules relating to .............................................................................................................
12
Duplicates made by week, detailed statement of cases due to, and their adjustment by board of
70
grievances............... ................................................................................................................................
Duplicates, rulings of the board of grievances as to .................................................................................. 51,52
Grievance board. (See Board of grievances.)
Grievance committee, work of....................................................................................................................
10
Grievances:
Adjusted by board of grievances................................................................................... 7,8,19,24-55,66-72
Adjusted by clerks and deputy clerks......................................................................................... 7,8, 19 ,24
Adjustment of, amendments proposed to provisions in protocol for................................................
5,6
Adjustment of, by clerks, success of board of grievances in supervising..........................................
7
Classification of, recommended by conference of September 10, 1913............................................... 60-63
General disposition of........................................................................................................................... 8,19
General, rules relating to .....................................................................................................................
14
General workings of the protocol as regards................................................. ...................................
9
Identical, adjudication o f.....................................................................................................................
8
Nature of, adjudicated by the board of grievances.................................................................. 24-27,66-72
Number and per cent of, filed by unions and by associations.......................................................... 24,25
Referred to board of grievances by months and by six months’ periods......................................... 20-22
Holidays:
Jewish, nonpayment for, detailed statement of cases due to, and their adjustment by board of
grievances........................................... ................................................................................. .............
71
Nonpayment for legal, detailed statement of cases due to, and their adjustment by board of
grievances...........................................................................................................................................
69
Payment for, rulings of tha board of grievances as to ........................................................................
52
Identical complaints, adjudication of.........................................................................................................
8
Ill-treatment of employees, detailed statement of cases due to, and their adjustment by board of
grievances.............................................................................................................. ................... ...............
71
Immediate action, committee on, created by board of arbitration in decision of January 24, 1914,
amending rules........................................................................... : .....................................................
6,73




IN D E X .
Impartial person as arbitrator:
Page.
Demand of unions for, in connection with, machinery for adjustment of grievances.....................
6
Provision for, in committee on immediate action...............................................................................
73
Industrial court:
General functions of board of grievances as an...................................................................................
5
Work of the board of grievances as an................................................................................................ 9-23
Inequitable distribution of work, detailed statement of cases due to, and their adjustment by board
72
of grievances......................................................................................... ' ..................................................
Inside subcontracting, detailed statement of cases due to, and their adjustment by board of grievances
70
Interference with conduct of and discipline in factory, detailed statement of cases due to, and their
adjustment by board of grievances.........................................................................................................
70
6
Investigation, obj ect of............................................................................................................... ....... .........
Irregular settlement of prices, detailed statement of cases due to, and their adjustment by board of
grievances..................................................................................................................................................
71
Judicial and legislative work, quality of, done by the board of grievances............................. 7,8,18,45-49
Justifiability of complaints as indicated by their disposition.................................................................. 31-33
Legislative and judicial work, quality of, done by the board of grievances............................... 7,8,18,45-49
Lockout in shop, detailed statement of cases due to, and their adjustment by board of grievances...
71
Lockout, shop strike, or general refusal to work, rules relating to grievances arising from...................
13
Machinery of the board of grievances........................................................................................................
15
Meetings of the board of gr evances, regulations as to.............................................................................. 18,19
Method of procedure in adjusting disputes................................................................................................ 16,17
Nature of grievances adjud cated by the board of grievances............................................... ....... 24-27,66-72
Neglect of duty by members of board of grievances, rule relating to......................................................
14
Noncompliance with terms of adjustment, detailed statement of cases due to, and their disposition
by board of grievances............................................................... ................................................ ............
71
Nonpayment for holidays, detailed statement of cases due to, and their adjustment by board of
grievances.................................................................................................................................................69,71
Nonprotocol conditions in shop, detailed statement of cases due to, and their adjustment by board of
grievances..................................................................................................................................................
69
Notices, rules relating to posting of............................................................................................................
13
Obj ect of the investigation..................................................................... ........................... ......................
6
Organization of the board of grievances.....................................................................................................
15
Out-of-town shops, rulings of the board of grievances as to.............................................................. .
54,55
Paying under weekly scale of wages, detailed statement of cases due to, and their adjustment by
board of grievances....................... ..........................................................................................................
70
Payment for holidays, rulings of the board of grievances as to ...............................................................
52
Piece prices:
Changing of, during season, detailed statement of cases due to, and their adjustment by board
of grievances......................................................................................................................................
71
Changing of, during season, ruling of board of grievances as to........................................................
53
Reduction of, detailed statement of cases due to, and their adjustment by board of grievances..
70
Plan and scope of the work of the board of grievances............................................................................ 9-14
Posting of notices, rules relating to ...........................................................................................................
13
Precedents, attitude of men who administer the protocol as to.............................................................. 49-51
Price making, disputes in, detailed statement of cases due to, and their adjustment by board of griev­
ances....................................................- ....................................................................................................
67
Price settlements, ruling of the board of grievances as to........................................................................
53
Prices, irregular settlement of, detailed statement of cases due to, and their adjustment by board of
grievances............................................................................................................................... .................
71
Procedure, method of, in adjusting disputes............................................................................................ 16,17
Procedure, plan of, and rules adopted by board of grievances................................... ............................ 11-14
Protocol, general workings of, as regards grievances................................................. ................... ..........
9
Protocol of September 2, 1910, for the cloak, suit, and skirt industry of New York City, text of....... 56-58
62
Records of board of grievancest study of, by conference of September 10, 1913.....................................
Reduction of piece prices, detailed statement of cases due to, and their adjustment by board of griev­
ances..........................................................................................................................................................
70
Results, general, of the work of the board of grievances..........................................................................
8
Rules:
And plan of procedure adopted by the board of grievances............................................................. 11-14
Development of a working code of, by the board of grievances....................................................... 49-55
For the disposition of grievances by deputy clerks, adopted by conference of September 10,1913..
64
Rulings of the board of grievances............................................................................................................. 51-55
Samples made by piece, detailed statement of cases due to, and their adjustment by board of griev­
ances .........................................................................................................................................................
72
Scope of the investigation and sources of information.............................................................................
6,7
Scope of the work of the board of grievances............................................................................................ 9-14
Seasonal fluctuations in the number of complaints filed......................................................................... 19-22
Settlement of grievances. (See Adjustment of grievances.)
Shop chairman, complaint against, detailed statement of cases due to, and tHeir adjustment by board
of grievances.................................................. ..........................................................................................
70
Shop lockout, detailed statement of cases due to, and their adjustment by board of grievances.........
71
Shop strike, lockout, or general refusal to work, rules relating to grievances arising from...................
13
Sources of complaints brought before the board of grievances................................................................
24
Sources of information and scope of the investigation.............................................................................
6,7
Stoppage of work, detailed statement of cases due to, and their adjustment by board of grievances.. 66,67
Stoppages, rulings of the board of grievances as to..................................................................................
55
Strikes and lockouts, rules relating to ......... .............................................................................................
13
Subcontracting, inside, detailed statement of cases due to, and their adjustment by board of griev­
ances .........................................................................................................................................................
70
Summary of cases upon the disposition of which the board of grievances disagreed............................ 37-40
Text of protocol of September 2,1910, for the cloak, suit, and skirt industry of New York City .............56-58
Time consumed in the adjustment of cases...............................................................................................22,23
Trials and hearings by board of grievances, rules relating to .................................................................
12
Unions:
Cases settled in favor of, number and per cent of, by nature of grievances................................ 27,28,34
Decisions favorable to, number and per cent o f..... ...........................................................................
7
Number and per cent of grievances of each class filed b y .................................................................. 24,25
Unregistered contractor’ s shop, detailed statement of cases due to, and their adjustment by board
of grievances.............................................................................................................................................
72




78

IN D E X .

Page.
Underscale, rulings of the board of grievances as to .................................................................................
53
Violation of rules of procedure a grievance................................................................................................
14
Wages due, claim for, detailed statement of cases due to, and their adjustment by board of grievances.
69
Wages, paying under weekly scale of, detailed statement of cases due to, and their adjustment by
board of grievances.......... ” ......................................................................... ............................................
70
Week workers:
Discharge of, in middle of week, detailed statement of cases due to, and their adjustment by board
of grievances.......................................................................................................................................
71
Leaving employment in middle of week, detailed statement of cases due to, and their adjustment
by board of grievances......................................................................................................................
71
Rulings of the board of grievances as to discharge of......................................................................... 52,53
Withdrawn cases:
Definition of..........................................................................................................................................
31
Number and per cent of..................................................................... ..................................................
7
Number and per cent of, by nature of grievance..................................................................... 27-31,36,37
Wrongful discharge:
Alleged, detailed statement of cases due to, and their adjustment by board of grievances..............
68
Rules relating to grievances arising from............................................................................................
13