Full text of Labor Relations in the Fairmont, West Virginia, Bituminous Coal Field : Bulletin of the United States Bureau of Labor Statistics, No. 361

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U. S. DEPARTMENT OF LABOR
JAMES J. DAVIS, Secretary

BUREAU OF LABOR STATISTICS
ETHELBERT STEWART, Commissioner

BU LLETIN O F THE UNITED STATES )
B U R E A U OF L A B O R S T A T IS T IC S \ '
M I S C E L L A N E O U S

No. 361
S E R I E S

LABOR RELATIONS IN THE
FAIRMONT, WEST VIRGINIA
BITUMINOUS COAL FIELD




By BORIS EMMET

JULY, 1924

WASHINGTON
GOVERNMENT PRINTING OFFICE
1924




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OF THIS PUBLICATION M A Y BE PROCURED FROM
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CONTENTS.
Page.

Introduction___________________________________________________________
1,2
Location and production of Fairmont coal field_________________________
2, 3
Number and nativity of miners________________________________________
3, 4
Wage rates____________________________________________________________
4, 5
Policies governing labor relations_______________________________________
6-9
The unionized part of the field_________________________________________
9-71
History as to unionization_________________________________________
9-11
Text of 1923 union agreement_____________________________________ 11-20
Principal features of agreement--------: --------------------------------------------- 20, 21
Adjustment machinery______________________________________________ 21-23
General nature of grievances-------------------------------------------------------------23-26
Pay for dead work------------------------------------------------------------------26
Joint board_________________________________________________________ 27-29
Arbitration_________________________________________________________ 29-33
The arc-wall machine case______________________________________ 31-33
Present difficulties__________________________________________________ 33-36
Objections of the operators------------------------------- %
______________ 33-35
Complaints of men____________________________ *______________ 35, 36
Local stoppages_____________________________________________________36-38
Discharges__________________________________________________________38-44
Discharges sustained___________________________________________ 38-41
Discharges not sustained------------------------------------------------------------41-44
Renewal of 1923 agreement_________________________________________ 44-55
Text of 1924-1927 agreement----------------------------------------------------- 46-55
Average individual productivity_____________________________________ 55-61
Productivity in a group of mines------------------------------------------------ 55-57
Productivity in individual mines------------------------------------------------ 58, 59
Pre-war, war, and post-war productivity________________________ 59-61
Labor turnover_____________________________________________________ 61-67
Turnover in 33 bituminous coal fields___ _______________________ 62-65
Turnover in the Fairmont coal field_____________________________65-67
Safety and welfare work------------------------------------------------------------------- 67-71
Safety methods_______________________________________________ 68, 69
Welfare work_________________________________________________ 70, 71
Nonunion collective bargaining__________________________________________ 71-83
History of labor relations__________________________________________ 71, 72
Text of present agreement__________________________________________ 73-77
Rules governing administration of agreement________________________ 77, 78
Adjustment machinery______________________________________________78, 79
Administration_____________________________________________________ 79, 80
Experience under agreement------------------------------------------------------------- 80-83
Welfare work, etc--------------------------------------------------------------------------83
Conclusions_____________________________________________________________ 84-86




hi




BULLETIN OF THE

U. S. BUREAU OF LABOR STATISTICS
NO- 361

WASHINGTON

JU LY, 1924

LABOR RELATIONS IN THE FAIRMONT, WEST VIRGINIA, BITUMINOUS
COAL FIELD.
INTRODUCTION.
By act of Congress, approved September 22, 1922, the United
States Coal Commission was created for the purpose of ascertaining
the facts about the coal industry of the United States. The fact
finding became necessary largely as a result of periodic interruptions
in the production of coal occasioned by national and regional strikes.
“ There can be no doubt,” says the preliminary report of the coal
commission, dated January 4, 1923, “ that two of the three periods
of high prices since 1916 have been caused largely by labor troubles. ’ 9
These two periods are referred to by the commission as periods of
“ runaway prices.” One such period covered the time between No­
vember, 1919, and the latter part of 1920, and was originally caused
by a nation-wide strike of miners, which began November 1, 1919.
The commission’s report on January 4, 1923, was made during the
other period of “ runaway prices.” The high prices of this latter
period were occasioned by the 1921 suspension, which terminated
production in two-thirds of the bituminous coal fields of the United
States.
The labor question in the soft-coal industry is, therefore, of para­
mount social interest. The public is most interested to know how
fair and just are the relations between the coal operators and the
miners. Because of the variety of systems practiced in the handling
of labor, the Fairmont field offers an unusual opportunity for an
analysis of the labor policies in the soft-coal industry. The bulk of
the Fairmont field operates under a collective bargaining agreement
between the employers, organized as the Northern West Virginia
Coal Operators’ Association, and the employees, as members o f the
United Mine Workers of America. A small but significant group of
mines is working under a system of collective bargaining between the
operator and his own employees, organized as a company union.
Still another, though small, part of the field is working under the sys­
tem of individual bargaining. This study is intended to bring out
the nature and workings of these three systems from the point of
view of operator, miner, and the public.
The information upon which this report is based was secured
through an intensive investigation in the field in the summer of 1923.




1

2

LABOR RELATIONS IN THE W EST VIRGINIA COAL FIELD.

Interviews and conferences were held with officials of District No. 17,
United Mine Workers of America, as well as with the union officials
in sub districts 3 and 4 of district No. 17, with a great number of
union bank, or pit, committees, and with numerous individual miners.
Information was also secured from the officers of the Northern West
Virginia and theMonongahela coal operators’ associations and through
the former’s labor commissioner.
Numerous local executives were interviewed. A careful study was
made of the minutes of the proceedings of the Joint Board of Review
provided for by the scale agreement between the United Mine
Workers of America and the Northern West Virginia Coal Operators’
Association. A detailed analysis was also made of all the cases
handled by the labor commissioner for the Northern West Virginia
Coal Operators’ Association in conjunction wdth the union subdistrict
officials.
The information pertaining to the relations between employer and
employee in nonunion mines and in the mines working under the so- ^
called nonunion collective bargaining system was secured directly
from the local managements, miners’ committees, and individual
miners.
A number of neutral persons living in the mining communities
concerned, such as physicians, ministers, and local public officials,
were interviewed for the purpose of getting the public point of view on
the controversies arising from time to time in the relations between the
coal operators and the miners.

LOCATION AND PRODUCTION OF FAIRMONT COAL FIELD.
The Fairmont bituminous coal field includes the following 12
counties in the northern part of West Virginia: Monongalia, Marion,
Harrison, Preston, Taylor, Barbour, Randolph, Upshur, Lewds,
Gilmer, Braxton, Webster, and half of Nicholas County; and extends
into southwestern Pennsylvania and northwestern Maryland. This
territory is included in district No. 17 of the United Mine Workers
of America. There are two operators’ associations in this field: The
Northern West Virginia Coal Operators’ Association, with a member­
ship of about 100, whose mines produce about 70 per cent of the
output of the field, and the Monongahela Association (an offshoot of
the Northern West Virginia Association) with a membership of about
20, whose mines produce about 10 per cent of the output o f the field.
The remainder of the output, approximately 20 per cent, is produced
on a nonunion basis.
Table 1 shows the estimated proportion and amount of coal pro­
duced by union and nonunion mines in the Fairmont field, April 1,
1923, based on daily railroad ratings. Inasmuch as the supply of
railroad cars is, as a rule, smaller than the demand, there is m force
on all of the coal-carrying railroads a system of apportionment of
available railroad cars to individual mines and groups of mines in
accordance with the actual coal shipments made by them during
certain preceding periods. This is called “ rating.”




NUMBER AND NATIVITY OE MINERS,
T

able

3

1.—E S T IM A T E D PROPORTION A N D A M O U N T OF GOAL PR O D U CED B Y U N IO N
A N D N O N U N IO N M IN E S .

_ ..
Estimated proportion of coal
Rating
production.
ID&S6Q

on
50-ton
cars). Union mines.

Division.

Baltimore & Ohio Railroad Co.:
Monongahela............................................................
Charleston.................................................................
Connellsville.............................................................
Cumberland.............................................................
Morgantown & Kingwood R. R .................................
Monongahela Ry. Co............................................. ........
Morgantown & Wheeling R . R ............................. .
Western Maryland Ry. Co..........................................
Bingamon and Helens Run........................... ........
Belington and Northern and Weaver Districts.

T on s.

P .c t .

123,000
23,300
3,625
7,500
7,775
5,635
41,350
32,650
16,485
5,395

0

P .c t .
5

95
5
50

100

T on s.

6,150
22,135
180
3,750
7,775
5,355
4,135
3,265

280
37,215
29,385
16,485
4,855

95

10

540

80 213,430

20

53,285

5
90
90

100

266,715

Total.

T om .

95 116,850
5
1,165
3,445
95
50
3,750

Nonunion
mines.

90

10
10

0

NUMBER AND NATIVITY OF MINERS.
A mining census of the Fairmont field in 1922 showed a total of
540 mines, employing, on the average, between 28,000 and 30,000
men. A census taken b y the State in 1921 showed a total of 29,758
employed, of which considerably more than half (18,514) were native
born. About 12.5 per cent of the native miners were colored. Table
2 shows the actual racial distribution of the miners in the field in 1921.
TABLE

2 .—N U M B E R OF M IN E R S IN T H E F A IR M O N T CO AL F IE L D , 1921, B Y N A T IV IT Y .

Nativity.
Americans, white.........................................
Italians................. .........................................
Americans, colored....................................
Hungarians____________________________
Austrians.............................................. .........
Poles......... ............. .....................................
Russians_________ _____________________
Other Slavs.................. ..................... ..........
Croatians...... ................................................
Spaniards.....................................................
Lithuanians and Esthonians.....................
Not classified................................................
Rumanians....................................................
Irish_________________________ __
English...........................................................
Serbs...............................................................

Number.
16,209
3,725
2,305
1,311
1,119
1,074
838
770
458
412
219
204
197
156
128
100

Nativity.
Germans...... .......................... ............
Greeks_________ ________________
Bulgarians......................................
Syrians_________________________
.
Scotch_____ ______ ____ ____
Turks_________________
Belgians_____________ _____
Bohemians........................... .
French___ _
Danes____ _
Welsh................................................
Swedes_________
Montenegrins__________ _
Total___ _______

Number.
94
85
75
48
46
40
35
31
29
23
14
7
6
29,758

I

No other such district census has been taken. In January, 1923,
however, one of the coal companies took a census of all of the miners
in its 29 mines located in the district. The results of this census are
shown in Table 3.




4

LABOR R E LA TIO N S I N

T H E W E S T V IR G IN IA COAL FIEL D .

T able 3.—N U M BE R OF M IN ERS IN 29 M INES OF A COAL CO M PA N Y IN T H E FAIRM ON
F IEL D , B Y N A T IV IT Y .

Nativity.
Americans, white__
Italians__
Americans, colored
Hungarians................__ __
Poles___ ___________________
___
Serbians and other Slavs __.
_
Austrians____________________________
Spaniards__________ ___________ ____
Russians
___ _
___ _
__
Turks_____ ____ __________________ .
_____ _ ___
Germans
Lithuanians and Esthnnians
Bohemians and Croatians
Syrians_____ ________________________

Nativity.

Number.
1,579
867
548
253
201
167
80
70
47
31
25
24
23
15

Number.

English____________ ________ _________
Greeks_____________________________
Irish__ ____ ___________ ____ _____
Scotch______ ________ ____ _________
Ukranians___ ____________ _____ ____
_
W elsh___________________ ____ _
Rumanians___ ______________ ___ ____
Mexicans____________________________
French_______ _ ____________ ____ _
Finns______ _____ _______________ . . .
Not classified.........................................

12
9
3
3
3
3
3
1
1
1
1

Total_________________________ __

3, 970

Of the 3,970 miners, 957, or about one-quarter, are single.
An interesting fact revealed by the racial distribution shown in
both tables is the considerable proportion of colored men. Table 2
shows that approximately 8 per cent of the total number of miners
in the district were colored and that they formed the third largest
single group. They were exceeded only by two groups— native whites
and Italians. Table 3 shows that the colored group in the 29 mines
of one company included 548, or about 14 per cent of the total em­
ployed therein.
The relative strength of the colored group appears to create
difficulties in many of the mines. Negroes serve on many of the
mine committees. The West Virginia native white miners dislike
serving on committees with “ ignorant niggers who just came from
the South.” In many instances native whites refuse to serve on
committees with colored men and, what is worse, many native
white miners refuse to follow orders issued by a colored committee­
man. This racial animosity is sometimes encouraged by the oper­
ator on the old theory of divide et impera.
The appearance of colored committeemen may be traced directly
to the union scale agreement, which specifies that only citizens or
men who have actually declared their intention of becoming citizens,
and who speak the English language, may serve on committees.
From the point of view of many of the miners who are of foreign
birth, the negro has all the necessary qualifications for a committee­
man— he is a citizen and he speaxs the English language.

WAGE RATES.
•

Because of the fact that the United Mine Workers of America con­
trol about four-fifths of the Fairmont coal field, wages and working
conditions in the field are practically identical, all operators in the
field paying approximately the same rates of wages and furnishing
the same conditions as those specified in the scale agreement be­
tween the Northern West Virginia Coal Operators’ Association and
the United Mine Workers of America (see p. 46). A comparison of
the wage rates in effect from 1907 to April 1,1924, is shown in Table 4.




4 . — WAGE

RATES IN THE FAIRMONT COAL FIELD, NORTHERN WEST VIRGINIA,
Net ton (2,000
pounds) rate per
1-ton car for
thick-vein coal.

Gross ton (2,240 pounds) rate per 1-ton car for thick-vein coal

Occupation.
1907

C e n ts.

35
38-42
23
27
6
7

Apr. 1,
1910.

January,
1915.

January,
1916.

M ay 1,
1916.

Nov. 1,
1916.

Mar. 1,
1917.

M ay 1,
1917.

Nov. 1,
1917.

C en ts.

C en ts.

C e n ts .

C en ts.

C e n ts.

C e n ts.

C e n ts.

C e n ts.

37.5
45
23
27
6
7

1
1

37.5
45
25
29
6
7.5

39
45.5
27
30
6
7.5

41
47.5
28.5
31.5
6.8
7.8

44
50
30.5
33
7.25
8.25

46
52
33
35
7.75
8.75

.

Per 10-hour day.

Per 9-hour day.

53
59
35
37
8.63
9.2

63.6
69.6
43 2
45.2
10.7
11.3

$1.85
1.85
1.75
2.25
2.00
2.25
2.00
2.25
2.00

$1.95
$2.00 $2.10-$2.15 $2.20-$2.25 $2. 45-$2. 50
$2.79
$3.12 $4.50-$4. 52
1.95 $2.35- 2.50 2.45-2.60 2.55- 2.70 2.90- 3. 25 $3.15- 3.40 $3.39- 3.65 4.79- 5.40
1.85
2.00
2.10
2.20
2.45 2.65- 2.70
2.90
4.40
2.35 2.25- 2.35 2.15- 2.45 2.55- 2. 70 2.80- 2.90
3.00 2.80- 3. 25 4.20- 4.65
2.10
2.25
2.35
2.70
2.80
3.05
4.20
2.35
2.45
2.25
2.55
2.80
3.00
2.55
4.20
2.00
2.00
2.35
2.20
2.50
2.55
2.35
2.45
2.35
2.55
2.80
3.00
2.55
4.52
2.10

Blacksmiths...........................

3.00

2.10 2.50- 2.60 2.50- 2.70 2.80- 2.95 3.00- 3.15 3.15- 3.45 3.70- 3.72 5.10- 5.12

Blacksmiths’ helpers..............
Teamsters.................................
Dumpers...................................
Trimmers..................................
Trappers and boys.................
Carpenters................................
Carpenter’s helpers................
Other inside labor...................

2.00
1.75
2.00
1.65
1.00 $1.102.00

1.95
2.35
2.35
2.35
2.00 1.80- 2.25
1.95 2.00- 2.35 2.20- 2.35 2.341.95 1.80- 2.10 1.95- 2.10 2.00- 2.35 2.20- 2.45 2.521.75 1.80- 1.85 1.85- 1.95 2.00- 2.30 2.20- 2.25 2.521.25
2.25
2.50
2.60
2.70
2.90 3.00-

2. 55 2.48- 2.80 4.06- 4.40
2.65 2.66- 2.90 4.06- 4.30
2.55 2.66- 2.80 4.06- 4.20
3.06 3.70- 3. 72 4.20- 5.12
3.25
4.10

1924.

Net ton (2,000 pounds) rate.

Agreement
Agreement
Cleve­
of Sept. 16,
of Apr. 1, Thick land
1918.
Nov.
1920.
vein, agree­
1,
Aug. ment,
1919.
16,
Aug.
Thick Thin
Thick Thin 1920.
17,
vein. vein.
vein. vein.
1922.
C e n ts. C e n ts.

C e n t s . C e n ts .

63.6
69.6
43.2
45.2
10.73
12.4

71
82.5
50.5
56.25
11.33
14.98

Per 8-hour day.

Drivers..................... ...............
Motormen................................
Brakemen.................................
Trackmen.................................
Trackmen’s helpers................
Timbermen.............................
Timbermen’s helpers.............
Bratticemen. ..........................
Bratticemen’s helpers............




TO APRIL 1,

$4.52
4.79
4.52
4.52
4.20
4.52

4.05
4.05
2.35
4.20

87.6
93.6
62.7
64.7
15.23
16.90

95
106.25
70
75.75
15.83
19.48

&
§
•S
o
£

Per 8-hour day.
$5.76 $7.26
5.86 7.36
5.76 7.26
5.76 7.26
5.56 7.06
5.76 7.26
5.24 6.74
5.76 7.26
5.24 6.74
f 7.30
$5.80- 6.60 i to
l 8.10
5.05 6.55
5.40
5.05
3.53
5.-80
5.48
5.24

6.90
6.55
4.35
7.30
6.98
6.74

WAGE RATES,

Pick mining, rooms................
Pick mining, headings______
Machine loading, rooms........
Machine loading, headings..
Machine mining, rooms____
Machine mining, headings. -

1907

Continuation of agreement without changes in rates until
Apr. 1, 1923. Further continuation until Apr. 1, 1924.

able

Fuel Administrator’s 14 per cent increase added
either to rate or to gross earnings.

T

6

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD.

POLICIES GOVERNING LABOR RELATIONS.
A t the present time the relations between the employers and
employees m the Fairmont coal field are governed by three distinct
policies: 1. Official dealings with the United Mine Workers of
America on a contractual basis providing for the closed shop and
check-off.1 Such an agreement governs the relations between mem­
bers of both employers* associations and their employees. 2. Non­
union collective bargaining of the type described in detail on pages 71
to 83 of this report. This system provides for collective bargaining
between the operator and his employees through a system of joint
adjustment agencies based on conciliation and arbitration. 3. Indi­
vidual bargaining, where a specific contract is entered into between
the company and the individual miner prohibiting the joining of any
union. There is no collective bargaining of any sort whatsoever
under this system, rates and grievances being settled between
individual miners and the management.
The following is a verbatim copy of an individual contract under
the latter system:
I,
, am employed by and work for t h e ------- Coal & Coke Co. at the
above place, with the express understanding that I am not a member of the
United Mine Workers of America, the International Workers of the World, nor
any other mine labor organization openly or secretly affiliated with said organ­
izations, and will not become a member thereof while I am an employee of the
------ Coal & Coke Co. at the above-named place or at any other place, and that
t h e ------ Coal & Coke Co. runs its mines nonunion and agrees with me that it
will run its mines nonunion while I am in its employment. I agree that while
I am in the employment of t h e ------ Coal & Coke Co. I will not make any
effort or be a party to any attempt or effort among its employees to bring about
the unionizing of its mines against the wishes of that company.
I also agree if at any time while I am employed by t h e ------ Coal & Coke Co.,
I want to become connected with any union or organization above mentioned,
I agree to withdraw from the employment and premises of said company before
becoming connected with such union or organization.

A large proportion of the mines now nonunion were originally
unionized. The deunionization of these mines took place only
recently and was finally accomplished by means of judicial injunc­
tion, practically all of the nonunion mines in this field having through
the local courts secured injunctions against interference and intimi­
dation, etc., on the part of the miners in the operation of the mines.
These injunctions are very sweeping in character and enjoin the
miners from doing anything which might, directly or indirectly, inter­
fere with the operation of the mines, as is shown by the following
extract from one issued by the judge of a county circuit court:
And it appearing to the court from said bill of complaint and from said affi­
davits that plaintiffs are entitled to a temporary injunction by way of relief as
prayed for in said bill of complaint, it is, therefore, adjudged, ordered, and
decreed th a t------ and others named as defendants to this bill and said individ­
1 The check-off is a system whereby the operator deducts or checks off from the miner’s wages his union
dues and assessments, turning over the moneys thus collected to a representative of the union. Under
this system the union miners authorize the employer to deduct from their pay the employees’ financial
obligations to the union, which usually include national and local dues, special assessments, and fines.
In precollective-bargaining days, as well as at present, the check-off was applied by the operators in col­
lecting rents and moneys advanced to the men for supplies, medical provisions, etc.
The check-off is reported to have originated in Indiana in 1866, where it was instituted in order to elimi­
nate disturbances which almost invariably accompanied pay day. Previous to this time a committee
of miners stationed itself at the mouth of the shaft to collect dues from the incoming men. Nonpayers
were remonstrated with and quite frequently the union men refused to enter the mines with them. Most
of the present union contracts in the bituminous coal fields contain clauses providing for the check-off.
The practice of the check-off makes it obligatory for the miners to acquiesce in the system if their standing
with the union is not to be impaired.




POLICIES GOVERNING LABOR RELATIONS.

7

uals named as officers, agents, and representatives of the United Mine Workers
of America and the local unions of said United Mine Workers of America named
in said bill and said United Mine Workers of America and said local unions
named as defendants and each and all of them and all other persons acting for
and on behalf of them or any or either of them or confederating or conspiring
with them or with all or any of them for any illegal purpose charged in the bill
of complaint, and all other persons, including members of or connected with
subdistrict No. 3 or district No. 17 of the United Mine Workers of America
who may be disposed to interfere with the plaintiffs or their employees or any
of them, be, and they are here each, individually inhibited and enjoined as follows:
1. From interfering in any unlawful way with the ----- Coal & Coke Co.
and s a id ------ , -------, -------, a n d -------, trading a s -------Coal Co., their officers,
agents, and employees in the full and free operation of their coal mines and all
property and equipment used by them in connection with their business a t ------ ,
W . Va., owned and operated by them.
2. From making any unlawful threats or suggestion of danger or committing
any acts of violence toward any of plaintiffs’ employees in or about their said
mines or against any person desiring or who may desire to work for plaintiffs as
aforesaid, or against any member of the families of such persons.
3. From gathering in crowds or groups in or about the mines and property
belonging to plaintiffs or any of them, or upon the streets, alleys, or public roads,
or railroads, or railroads’ rights of way, or other public places for the purpose,
while so gathered in groups and crowds, of persuading any person to quit work
or to refuse to work for plaintiffs or any of them, or for the purpose of intimi­
dating or putting in fear any person who may be working or who may desire to
work for plaintiffs or any of them at or about their said mines, or from picketing
en masse any of the said mines or property of the plaintiffs or any of them.
4. From marching in crowds and from making demonstrations by numbers on
or about the mines and property of the plaintiffs or any of them, or along or upon
the public highways and roads, or from marching in crowds from one mine to
another o f plaintiffs, or from other places and mines to the mines of plaintiffs
or any of them for the purpose of interfering with, intimidating, threatening, or
suggesting danger to or influencing or persuading any person to quit, cease, or
refrain from working for plaintiffs or any of them in and about any of their said
mines.
5. From the use of vile and opprobrious names or insulting words, especially
the word “ scab,” or the use of profane or vulgar language toward any person
working or who may desire to work for plaintiffs or any of them in and about
their said mines, or the doing of any such acts or using any such words toward
the members of any of the families of such persons, or addressing or offering any
manner of ridicule toward such persons or any of them on account of their em­
ployment or proposed employment by plaintiffs or any of them.
6. From promulgating, repeating, or circulating any propaganda to the effect
that plaintiffs or any of them will be forced or required to enter into a contract
with the United Mine Workers of America against their will, and that then such
persons who work for plaintiffs or any of them will lose their jobs and thereafter be
compelled to take nothing but just what the “ union” sees fit to give them, or
in any such way or in any way using and circulating or repeating propaganda
calculated to place any person or persons in fear for his or their future employment.
7. From interfering in any way with plaintiffs or any of them in carrying out
any contract with their employees or from interfering with plaintiffs or any of
them or preventing or attempting to prevent the plaintiffs or any of them from
entering into contracts with their employees or persons who would become
such employees in respect to their employment and the terms and conditions
thereof.
8. From all threats and the circulation of threats of destruction of property
belonging to employees of plaintiffs or any of them, or threats of destruction of
the mines or other property of plaintiffs or any of them for the purpose of putting
in fear or which may be calculated to put in fear any person who may be working
or who may desire to work for said plaintiffs or any of them.
9. From blocking, impeding or obstructing either singly or in combination,
persons approaching the mines or premises or property of the said plaintiffs or
any of them for the purpose of employment, and from going, either singly or in
combination, to the houses, boarding houses or other places of abode of em­
ployees of plaintiffs or any of them for the purpose of intimidating and coercing
such persons from performing work for plaintiffs or any of them in and about
their said mines.




8

LABOR RELATIONS IN TH E W EST VIRGINIA COAL FIELD.

10. From making any threats toward the plaintiffs or any of them, or the
officers, agents or employees of said plaintiffs or any of them or their property for
the purpose of preventing them from operating their said mines.
11. From trespassing or entering upon the lands owned or controlled by
plaintiffs or any of them for the purpose of intimidating, or doing anything calcu­
lated to or that may by; its effect intimidate or put in fear any employee of
plaintiffs or any of them in and about the said mines of plaintiffs or any of them.
12. From doing any act or acts whatsoever, in the furtherance o f any con­
spiracy or combination, to prevent plaintiffs from operating their mines as non­
union mines, and to obstruct or interfere with plaintiffs, their officers, agents and
employees, or any o f them, in the free and unrestrained control and operation of
their said mines, property and business, and also from ordering, directing, aiding,
assisting or in any manner abetting any persons in the commission of any o f the
acts aforesaid, and any and all other acts and things designed or intended to, or
having the effect of preventing in an unlawful manner, the plaintiffs or any of
them from mining coal from their said mines, and from carrying out any unlawful
conspiracy or combination by threats, intimidation, unlawful propaganda, or by
any other unlawful means to compel, or attempt or endeavor to compel, plaintiffs
or any of them against their will to unionize their mines and to enter into con­
tracts with the United Mine Workers of America as a plan or basis for operating
plaintiffs, said mines.
.
The foregoing order shall remain in full force and effect subject to the further
provisions of this order until the further order of this court.
It is further adjudged, ordered, and decreed that the service of a duly certified
copy of this order upon the defendants shall be due and sufficient notice to them
of this injunction and shall also be binding upon all other persons having notice
of this injunction, whether served with a copy of said order or not, or whether a
formal party to this suit or not.
The foregoing injunction shall not be effective until plaintiffs or some one for
them shall file with the clerk of this court a bond in the penalty o f $2,000 with
security to be approved by said clerk, conditioned for the payment by plaintiffs
of all such costs as may be awarded against them and all damages which may be
sustained by the defendants or any o f them by reason of the issuance of this
injunction in the event the same be hereafter dissolved.

The history of the injunctions obtained by one coal company is
interesting, because the court proceedings started by this company
against the United Mine Workers of America finally resulted in the
attachment of the check-off money in the entire area under the
jurisdiction of the court.
During the general strike of 1922 this coal company reopened its
mine No. 1 on an open-shop basis. On the day after its reopening,
a group of strikers attacked the nonunion men while on their way to
work. The union attacking party, consisting of many women and
some men, suffered a loss by death of two, while the nonunion group
suffered many casualties, but no deaths.
Because o f this riot the company applied to the county court for
an injunction against the Umted Mine Workers of Aonerica pro­
hibiting its interfering in any way with the operations of its mine
No. 1 . A temporary injunction was granted b y the judge. Inas­
much as the union has not requested the court to vacate this injunc­
tion, it is still in force, apparently permanent for all practical purposes.
This coal company is also operating two other mines, Nos. 2 and 3,
in the vicinity of its mine No. 1. No attempt was made to reopen
these mines when mine No. 1 was reopened. When the strike of
1922 was settled, the United Mine Workers, under some misappre­
hension, signed an agreement with this coal company as to its mine
No. 2 , but discovered its mistake and refused to sign an agreement
as to mine No. 3, and would not permit its members to go back to
work in this mine for three months. The company decided to resort
to the courts and sued the United Mine Workers of America for




THE UNIONIZED PART OE THE FIELD.

9

damages, alleging that the output of its mine No. 3 was contracted
for at a good price and that the mine workers by striking were caus­
ing the company considerable loss. Under the laws of West Virginia,
the property of defendants who fail to answer plaintiffs complaint is
subject to attachment. The coal company in its complaint named as
principal defendants the national officers of the United Mine Workers
of America. These officers unwisely failed to answer the summons,
with the result that the court ordered the check-off money in the
district attached.
For three months the check-off money in the entire district covered
by the jurisdiction of that court was attached. Most of the em­
ployers retained the check-off money according to the order of the
court, being reluctant to turn it over to the union. The union by
this time had learned how to combat the company’s methods. The
union attorneys went before the court and pointed out that it was
erroneous to insist that the United Mine Workers were at fault in
this case; that the strike was not ordered by the national officers but
by the local officer of the district; that the subdistrict officers were
willing to appear in court, and that no attachment of the check-off
money was necessary to bring them within the jurisdiction of the
court. After three and one-half months of great anxiety on the part
of the union and, some say, lack of funds to run its organization, the
court vacated the attachment on the check-off money. Before the
district officers appeared before the court for the purpose of having
the attachment of the check-off money vacated, however, the union
agreed to sign an agreement as to mine No. 3. The suit for damages
is still pending.

THE UNIONIZED PART OF THE FIELD.
HISTORY AS TO UNIONIZATION.

For many years prior to 1916 the Fairmont field was nonunion.
On May 2, 1916, the workers in the mines of a coal company at Wen­
dell, Taylor County, struck, and on May 3 this strike spread to
five neighboring mmes. On May 5 an agreement was made by the
operators with the United Mine Workers at Wendell. This was the
first union agreement in the field. Individual mine agreements,
similar to the Wendell agreement,, were made in other mines. These
agreements ran for one year and provided for a nine-hour day, while
the check-off was allowed only upon a signed order of the individual
employee. No other changes in working conditions were made.
On May 2, 1917, the workers in 19 mines in Taylor and Preston
Counties were called out on strike, the demands o f the union being
“ the eight-hour day and payment by the net ton . ” On May 5 a
small committee of operators effected an agreement on this basis,
with a slight increase in wages, and on May 7 work was resumed.
This agreement practically established the closed shop and the check­
off. In August, 1918, practically the entire field was unionized on
the same basis. Between 1918 and 1920 the unionized field worked
under an agreement with the United States Fuel Administration,
and during 1921 under a separate agreement with the United Mine
Workers of America, which expired on March 31, 1922.




10

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD.

On March 7, 1922, the directors of the Northern West Virginia
Coal Operators7 Association authorized its advisory board to invite
the union officers of district No. 17 of the United Mine Workers of
America to a conference for the purpose of negotiating a wage scale
and working agreement for the period beginning April 1, 1922. The
advisory board thereupon sent an invitation to the union president
of district No. 17 to meet the members of the board at Baltimore,
March 13. At this meeting the president of district No. 17 stated
that he had no authority to conclude an agreement and suggested
an adjournment to March 25; that the union district convention
was to meet at Charleston on the 21st, which convention would
appoint a scale committee with authority to act; and that he would
secure authority from the international policy board at its meeting
in Cleveland on the 24th to negotiate and conclude a scale. To this
request the operators agreed. On March 25 they returned to Bal­
timore prepared to negotiate an agreement, but at the meeting the
union district president stated that he had not been authorized to
negotiate and conclude an agreement.
The following statement was then issued by the operators7 associa­
tion:
From this record, the public will clearly understand the position of the North­
ern West Virginia Coal O p era tor Association in the present situation. That
position has been consistently a willingness to negotiate with the miners1 union
in an effort to avoid a stoppage of production in the district. The operators
not only took the initiative by asking for negotiations, but consented to delay
while the miners’ officials sought to obtain authority from their national policy
committee. The fact that the district union officials are without this authority
has been and still is the sole obstacle to a peaceful settlement in northern West
Virginia. The scale committee of the operators has been from the start author­
ized to conduct such negotiations. That the public will not obtain its usual
supply of coal from this district is due simply and solely to the national policy
of the United Mine Workers.

On April 1, 1922, a national coal strike was called by the United
Mine Workers.2 On July 10 President Harding submitted an ar­
bitration plan for settling the controversy, the mine workers to re­
sume work on the same basis as in effect March 31. After several
days of conference, this plan was refused by the miners, refused by
some operators, and accepted under protest by others. The Presi­
dent’s invitation to the operators to “ open their mines77 in the public
interest followed.
A convention of miners and some operators met in Cleveland from
August 7 to 15 and adopted what is called the “ Cleveland agree­
ment. 77 This agreement provided for the continuation of the March,
1922, wages until March 31, 1923, and, in addition, provided for ( a )
a joint conference of bituminous operators and miners of the United
States in Cleveland on October 2 to formulate a method for the ne­
gotiation of new wage agreements, to be effective April 1, 1923, and
( b ) a second joint conference on January 3, 1923, for final determina­
2Regarding the conduct of both sides in the Fairmont field during the general strike of 1922, the following
statement is made by the labor commissioner for the Northern West Virginia Operators’ Association in
his annual report for 1922: “ The conduct of the strikers in northern West Virginia, with few exceptions,
was very commendable; everything which could be done by both sides to reduce friction to the minimum
was done. The operators pursued a broad liberal policy as a rule, few evictions were resorted to, and at
most mines the conduct of the men was what was characteristic of any holiday. The officials of the dis­
trict and national union stationed in this field were always ready to cooperate in any move for the peace
and tranquillity of the district. All this was as it should be. There had been no grievance between the
miners and the companies; their idleness was an idleness forced upon them by forces outside of their con­
trol. The result of such cooperation has been valuable to miners and the companies alike; there is a general
good feeling throughout the district that seldom exists as an aftermath of a strike. This feeling is a valu­
able contribution to the industry; it makes for better production, better homes, and better citizenship.”




T H E U N IO N IZ E D PART OE T H E FIEL D .

H

tion of the method, so that actual wage negotiations could start not
later than January 8.
A t a meeting of the Northern West Virginia Coal Operators’ As­
sociation, on August 17, this Cleveland agreement was recommended
to the operators, to he signed individually, the association not be­
coming a party to the agreement. On February 10, 1923, a new
agreement was signed between the Northern West Virginia Coal
Operators’ Association and the United Mine Workers oi America.
On April 1, 1924, this agreement, with some minor changes, was re­
newed for a term of three years.
TE X T OF 1923 UNION A G R E E M E N T.

The agreement between the Northern West Virginia Coal Opera­
tors’ Association and District No. 17, United Mine Workers of
America, signed February 10, 1923, is as follows:
Memorandum of agreement made and entered into by the membership of the
United Mine Workers of America and the membership of the Northern West
Virginia Coal Operators’ Association affecting labor rates and conditions in the
12 i counties of northern West Virginia, comprising the territory covered by the
operators’ association.
Resolved, by this joint conference of district No. 17, United Mine Workers of
America, and the Northern West Virginia Coal Operators’ Association, hereby
reaffirm the wage scale now existing between district No. 17 and the above asso­
ciation, whose interests are represented in this conference, and hereby extends
the same for a period of one year from April 1, 1923, to March 31, 1924, in all
of its terms, provisions, and conditions, excepting as hereinafter provided.
It is a part of this agreement that the representatives of the United Mine
Workers of America on this scale committee and the members of the Northern
West Virginia Coal Operators’ Association on this committee are duly author­
ized to negotiate, conclude, sign, and enforce this joint scale within the organiza­
tions they respectively represent.
This agreement shall constitute the only basic agreement to be entered into
at any time during the term of this agreement, by any members or officers of
the United Mine Workers of America and any operator within the following
specifically stated territory covered by the Northern West Virginia Coal Opera­
tors’ Association: Monongalia, Marion, Harrison, Preston, Taylor, Barbour,
Randolph, Upshur, Lewis, Gilmer, Braxton, and Webster Counties, and that
portion of Nicholas County containing coal or coal mines, being operated or
capable of being operated, along the line of the Baltimore & Ohio Railroad Co.
The fulfillment of this agreement is guaranteed by the international union and
by the officers of the district and subdistrict unions, both in letter and in spirit.
Free rent, free powder, free coal, free lights or any extra compensation paid in
time or money, or otherwise, is hereby mutually construed as a bonus and is
condemned.
M IN IN G RATES BASED ON N E T T O N OF 2,000 POUNDS; COAL 5 FE E T A N D OVER IN
TH ICKNESS.

Occupation.

Open
lights.

Pick m in i n g , entries......................... ............... ............. ........ .................................................
Rooms and pillars__________________________________________________ _______
_
Machine mining with machine drilling:
•
Loading, entries___________________________________ ________________________
Loading, rooms_________ ____ ________ _____ _________ _________ ______ _______
Cutting entries, chain machine_____ ____ _____ ________________________________
Cutting rooms, chain machine........ .......... ......................................................................
Machine mining without machine drilling:
Loading, entries......................... ........................................................ ................................
Loading, rooms_____________________ _______ ___ _________ _______________ ____
Cutting entries, chain machine........................................................ ...............................
Cutting rooms, chain machine........ ................................................................................

$0,936
.876

Punching machine rates 5 cents above chain machine rates.




Closed
lights.
$0.96
.89

.627
.607
.179
.1623

.64
.62
.185
.165

.647
.627
.169
.1623

.66
.64
.175
.155

12

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD.

M IN IN G R ATES BASED ON N E T T O N OF 2,000 POUNDS; COAL LESS T H A N 5 F E E T IN
T H IC K N ESS.

Open
lights.

Occupation.

Pick mining, rooms and pillars............ ............................ .................................... _..............
Pick mining, entries___________ ____ ______________________________ ________________
Loading, entries, hand drill_____ ____ _____ ____ _____ _______ ____________________
Cutting, entries, hand drill_________________________ _____________ ________________
Loading, rooms, hand drill____________ _____ ________ ________ ____________________
Cutting, rooms, hand drill_____________________ _____ _____________________________
Loading, entries, machine drill...... ......................................................... ............. .................
Cutting, entries, machine drill_______ ________ ___ ________ ________ ______________
Loading, rooms, machine drill___________________ __________ _______ ______________
Cutting, rooms, machine drill______________________________________________________

$0.95
1.065
.7575
.1948
.70
.1583
.7375
.2048
.68
.1683

Closed
lights.
$0,964
1.079
.7705
.2008
.7130
. 1610
.75
.2108
.693
.1710

Punching machine rates to be 5 cents above chain machine rates.
OUTSIDE D A Y LABOR RATES.

Occupation.

Per hour. Per day.

Dumpers_______________________ ______ __________ ___________________ ___________ —
All other tipple men, including car cleaners and handlers____ ______________________
Picking, table boys_________________ ______ _________ _______________ _______ ______
Greasers___ ____________ _______________________ ____ ____________ ____ ____________
Blacksmiths, first class__________ _____ ___ ________ _______________________________
Blacksmiths, second class__________________________ ______ ______ _________________
Blacksmiths’ helpers______________ _____ _____________ _____ ____ _________________
Car repair men____________________________ ________ ____________ __________________
Car repair men’s helpers___________________________________________________________
Machinists, first class______________________________________________________________
Machinists, second class___________________________ ________ ________ _____________
Machinists’ helpers, inside_________________ _____ __________ _______________________
Machinists’ helpers, outside________________ _____ ______________ ___________ ______
Electric coal hoist engineers, shaft____________ ______________________________________
Engineers____________________________________ ______ ______________ ______________ _
Combination engineer and fireman...................... ..................................................................
Water tenders____________________________________________ ____ ____________________
Combination fireman, substation, and fan man....................... .......... __................... ........
Fireman, hand firing___________________________ _______ ________ _________ ________
Substation operator and fan tender___________________________________________
__

$0.86}
.5 9

.811
1.01}
.91}
.81}
.91}
.87}
1.03}
.91}
: 8i f
L00*
.91}
.91}
. 874
185#
.68|

$6.90
6.55
4.72
6.55
8.10
7.30
6.55
7.30
6.98
8.30
7.30
6.70
6.55
8.00
7.30
7.30
7.00
6.90
6.85
5.50

INSIDE D A Y LABOR RATES.

Open lights.

Closed lights.

occupation.
Per hour. Per day. Per hour. Per day.
Drivers__ - __. . . __. . . . . . . . . . __________________________________
Motormen, all classes.________________________________________
Motormen’s helpers...... .......... ..........................................................
________________
_____________________
Gathering locomotives
Gathering locomotives, helpers............................................... ..........
Gripmen_____________________________ ________ _______ _______
Trackmen, main line________________ ____ ____________________
Trackmen, ordinary................ ................... ........... ...........................
Trackmen’s helpers________ ____ ____________________ ________
Slatemen__ ______ _______________ _________ __________________
Timbermen________________ ______ _____________ _____________
Timbermen’s helpers_________ _____ ________ ________________
Wiremen______________________________________________________
Wiremen’s helpers____ _____________________________________
Pipcmen___________________________ ______ ___________________
Pumpers_______ ________________ _____ - a ________ __________
Trappers______________________________________________________
Bratticemen__________________ ________ ______________________
Bratticemen’s helpers_________________________________________
Shot firers.................................... .......... ........................ ............... .......
Cagers____________ ____ ______________ ____________ ___________
Cagers’ helpers_______ _______ ________________ ______________
Cagers* couplers________ _______ ________ _______ _____________
Greasers_____________________ ____ _________ __________ _______
All other inside labor_____ _____ ....................................................__




$0.90}
.92
.90}
.92
.90}
.90}
.92
.88}
.84}
:8 i
.90}

’.ip
!90f

‘H
1924
!*8M
.84}
.84}

$7.26
7.36
7.26
7.36
7.26
7.26
7.36
7.26
7.06
6.74
7.26
6.74
7.26
6.74
7.18
6.74
4.35
7.26
6.74
7.42
7.42
6.94
6.78
6.74
6.74

$0.91}
.93
.91}
.93
.91}
.91}
.93
.91}
.89}
.85}
.91}
.85}
.91}
.85}
.55}
.91}
.85}
’ 934

•8lf
:85i

185}

$7.34
7.44
7.34
7.44
7.34
7.34
7.44
7.34
7.14
6.82
7.34
6.82
7.34
6.82
7.26
6.82
4.43
7.34
6.82
7.50
7.50
7.02
6.86
6.82
6.82

THE UNIONIZED PART OP THE FIELD.

13

APPLICATION OF MINING RATES.

Section 1. The mining rates for entries shall be applied to all headings not
more than 12 feet wide and not less than 8 % wide and to all crosscuts not more
than 14 feet wide.
All coal shall be paid for on a run-of-mine basis.
The miner shall be required to load his coal in every case free from slate, bone,
niggerhead, and other impurities.
All coal mined, drilled, and blasted by the miners must be done in a practical
and workmanlike manner and in accordance with the State mining laws of West
Virginia.
In paying for coal before it is screened, it is not intended to encourage un­
workmanlike methods of mining and blasting coal, or to decrease the proportion
of screened lump, and any miner will b6 subjected to discipline who from igno­
rance, carelessness, or any other cause fails to properly mine, shoot, and load the
coal.
Sec. 2. The scale of prices agreed to for mining coal shall include the work
required to mine, drill, shoot, clean, and load the coal, and properly timber the
working places in the mine, and the operator shall be required to furnish the
necessary props and timbers to properly timber all working places.
It is understood that the prevailing custom of miners laying track in rooms
and temporary track in entries shall continue, and the operators assume the
obligation of laying all turn rails and switches.
COKE WORKERS.

Sec. 3. The prices and conditions under which coke workers are employed
shall remain the same during the life of this agreement unless changed by mutual
consent.
EIGHT-HOUR DAY.

Sec. 4. That the eight-hour day and rules now in effect shall continue. An
eight-hour day means eight hours’ work in the mine at the usual working places
for all classes of inside day labor. This shall be exclusive of the time required
in reaching such working places in the morning and departing from the same at
night.
Drivers shall take their mules to and from the stables, and the time required
in so doing shall not include any part of the day’s labor, their work beginning
when they reach the change at which they receive empty cars, but in no case
shall the driver’s time be docked while he is waiting for such cars at the point
named.
When daymen go into the mine in the morning, they shall be entitled to two
hours’ pay whether or not the mine works the full two hours, but after the first
two hours the men shall be paid for every hour thereafter by the hour, for each
hour’s work or fractional part thereof. If for any reason the regular routine
work can not be furnished inside labor for a portion of the first two hours, the
operator may furnish other than the regular labor for the unexpired time.
All employees must be at their working places at starting time on all days
that the mines operate and shall remain there the full eight hours, or such part
of the eight hours as they have work to perform.
EMERGENCY WORK.

Sec . 5. The eight-hour day as provided for in the preceding section shall be in
force and carried out by both miners and operators. Emergency work necessary
for the safety or continued operation of the mine shall be permitted. If the
employees believe the operators are taking advantage of this provision, they
shall have the privilege to make their complaints through the regular channel
provided for in joint agreement covering scale grievances.
JURISDICTION----UNITED MINE WORKERS OF AMERICA.

Sec. 6. All workmen eligible for membership employed in and around the coal
mines or coke ovens, shall be members of the United Mine Workers of America.
This shall not include labor employed specifically for construction work, plant
improvement, or extensive repairs, unless these men are regularly employed at
the plant.
88793°*—24 f-----2




14

LABOR RELATIONS IN THE W EST VIRGINIA COAL FIELD.
STARTING TIME.

Sec . 7. The starting time mutually recognized for the field is 7 a. m., unless
otherwise mutually agreed to.
HOLIDAYS.

Sec . 8. The following holidays are recognized: New Year’s, April 1, Decora­
tion Day, July 4, Labor Day, Thanksgiving Day, Christmas.
CHECK-OFF.

Sec. 9. The operator agrees to check off each employee, not exempted from
dues by scale contract, such initiation fees, dues, assessments, and fines as are
submitted to the company, not later than 24 hours after the expiration of each
half. Such collections shall not exceed $5 in any one calendar month, not in­
cluding initiation fees.
Collections for the union shall follow checkweighman, rent, smithing, and
doctor.
The United Mine Workers of America agree to protect the operator under
this section.
The company agrees to aid local secretaries of the United Mine Workers of
America in making up their check-off list, to the end that all liable under the
contract are properly listed.
The United Mine Workers of America agrees to aid the company in collecting
just accounts against employees.
m a c h in e

w ork.

Sec . 10. Machinemen in both wide and narrow work are required to cut
coal level and close to the bottom, and in no case shall thickness exceed 4 inches,
except under abnormal conditions. If a machine cutter leaves a spragg or a
thick bottom in excess of 4 inches he shall be notified to remove same, and should
he fail or refuse he shall be charged $1 for each spragg, and 50 cents for each
run of thick bottom for breast machine or its equivalent width, the same to be
paid to the loader.
All bottom coal must be taken up and loaded by the loader if required by
the operator.
Each machine crew shall be required to keep the cutting up in the section
designated. Machine territory shall be divided so that the territory designated
for each machine may be cut normally in eight hours’ time, and each machine
crew shall be required to keep the cutting up in the section so designated. If
for any reason this can not be done in regular hours, they shall work sufficient
overtime to insure all loaders having coal to load.
In all mines where machines are moved by animals, the company shall pro­
vide shields for covering cutter head of machine. The machinemen shall be
required to either remove bits from the chain or cutter head, or place the shield
over cutter head to make the machine safe to be removed. Any machineman
failing to carry out this rule may be removed from the machine without question.
Each miner shall be awarded one working place. Where practicable, two
loaders shall have two rooms and work together in one room until same is cleaned
up, so as to not interfere with or delay cutters. This does not apply to ribs,
pillars, stumps or entries. In isolated territory, arrangements may be made
for the cutting, loading, and hauling of coal, providing the scale agreement of
rates is complied with until normal conditions are restored.
CHECKWEIGHMAN.

11

Sec .
. Checkweighmen selected as required by law from among employees
at the mine, may be placed on each tipple at the expense of the miners, and
their duties shall be only those prescribed by the laws of the State of West Vir­
ginia. No checkweighman shall be placed on any tipple except where same is
selected by ballot by a majority vote of the miners working in said mine. Check­
weighman shall in no way interfere with the working force or the operation of
the mine and shall be subject to all the penalties provided in this scale contract
against other members of the working force.




THE UNIONIZED PART OP THE FIELD.

15

TRADE.

Sec . 12. Employees have a right to trade where they please.
HIRE AND DISCHARGE.

Sec . 13. The operator or his superintendent or mine foreman shall be respected
in the management of the mine and the direction of the working force. The
authority to hire and discharge shall be vested in the mine superintendent or
mine foreman, and nothing in this agreement shall be construed to abridge
the right of the employer in either of these respects. Daymen must perform
any class of work at the direction of the mine foreman, provided the scale rate
is paid or the individual is not asked to take a reduced rate of wages.
LOADING CARS.

Sec. 14. The operators shall at all times be at liberty to load any railroad
cars whatsoever, regardless of their ownership, with coal, sell and deliver such
cars in any market and to any person, firm or corporation that they may desire.
SEMIMONTHLY PAY.

Sec . 15. All labor shall be paid semimonthly. Semimonthly payment means
that miners shall be paid twice a month, pay days to be determined locally,
and statements shall be available 24 hours prior to pay day.
MINING---- WORKMANLIKE METHODS---- TIMBERING.

Sec. 16. If any miner shall fail to properly timber and care for his working
place, and such failure shall entail Jails of slate, rock, and the like, or if by
improper and reckless shooting of tne coal in working place the mine props or
other timbers shall be disturbed, or unnecessary falls result, the miner whose
fault is the occasion for such damage shall repair the damage without com­
pensation, and if such miner fails to repair such damage it shall be considered
a dischargeable offense and he may be dealt with at the discretion of the
superintendent.
S e c . 17. In any case where the mine foreman directs the placing of crossbars
to secure the roadway, then in such case only the miner shall be paid the prices
for such crossbars as may be agreed upon between him and the mine foreman.
In case of miners shooting bottom, should any of the props be loosened or dis­
placed thereby endangering the safety of the workmen, the miner agrees to reset
same. The above does not contemplate any change from the ordinary method
of timbering by miner for his own safety.
docks.

Sec . 18. In case of any slate, bone, sulphur, or other impurities sent out by
the miner, it shall be the duty of the trimmer of the car to call the attention of
the weighman and checkweighman, where one is employed, to the same so as
to deduct weight of such impurities as estimated by the trimmer or dock boss
from the ascertained weight of such car; for the second offense he may be sus­
pended for one working-day or fined 50 cents; for the third and each subsequent
offense occurring in any one calendar month, he may be suspended, discharged,
or fined $1 at the option of the superintendent; that in malicious and aggravated
cases the superintendent shall have the right to suspend or discharge for the
first or any subsequent offense.
Sec. 19. Any miner abusing or seeking to embarrass the trimmer for per­
forming his duties shall be fined $3 or be discharged at the option of super­
intendent.
Sec . 20. It is understood that if the checkweighman leaves his post to inves­
tigate the amount of impurities thrown out, or for any other purpose, the run­
ning of coal over the tipple will not be suspended during his absence.
Sec. 21. The proceeds of all fines arising under this clause to be paid to the
treasurer of the joint board. Under no circumstances shall the fine be remitted.




16

LABOR RELATIONS IN THE W EST VIRGINIA COAL FIELD.
MINE COMMITTEE----GRIEVANCES.

Sec . 22. The mine committee shall consist of three men, all of whom shall be
American citizens, or who have made application for citizenship, and employees
of the mine, and who speak the English language. The duties of the mine com­
mittee shall be confined to the adjustment of disputes that the mine boss and
miner or miners have tried but are unable to adjust. The mine committee
shall have no other authority or exercise any other control, nor in any way
interfere with the operation of the mine, and for violation of this clause the
committee or any member thereof may be discharged.
S ec . 23. In case of any local troubles arising at any mine the aggrieved
party shall make an earnest effort to adjust the dispute with the mine foreman.
In case they are unable to agree the matter shall be referred to the mine com­
mittee and local management of the mine, and if they fail to agree to the com­
missioner of the operators’ association and the miners’ officials, and if they fail
to agree to the district board of the two organizations, and should they fail to
agree they shall select an umpire or referee, and a decision of a majority of them
shall constitute a final and binding award. In all cases all parties involved
must continue at work pending the investigation and adjustment as above set
forth.
S ec . 24. If any employee for whom the scale is made refuses to work because
of any grievance which has not been taken up as provided herein, and such
action shall seem likely to impede the operation of the mine, such employees,
or any of them, will be subject to dismissal without recourse at the option of the
company, and the mine committee shall immediately furnish a man or men to
take such place or places at the scale rate, in order that the mine shall continue
to work, and it shall be the duty of any member or members of the mine workers
who may be called upon by the mine boss or mine committee to immediately
take the place or places assigned him or them in pursuance thereof.
S ec . 25. The mine com m ittee shall under no circumstances go around the
m ine fo r any cause whatsoever, unless called upon b y the m ine forem an or b y the
miner or daym an who m ay have a grievance that he can n ot settle w ith the
mine boss, and then only to investigate thafrgrievance w ith the parties in volved.
S ec . 26. M embers o f the m ine com m ittee em ployed as daym en shall n ot
leave their places o f du ty during working hours except w ith the permission o f
the mine forem an or in cases involving the stopping o f the mine.
Sec . 27. All discharge or suspension cases shall be taken up and disposed of
within five days, and should it be proven that the party discharged or suspended
has been unjustly dealt with, he shall be reinstated to his former employment
and compensated for time lost. If any case is not settled in five days such
employee shall be offered employment in some capacity until the case is dis­
posed of.
(
DISCIPLINE.

Sec . 28. No strike or stoppage of work shall occur at any mine until the ques­
tion in dispute shall have been considered and finally disposed of as provided for
in section 22.
Sec . 29. Should any officer or officers of the United Mine Workers of America,
or any member or members thereof, employed at any mine cause the mine or
part of the mine to shut down in violation of this rule, each member of the United
Mine Workers of America employed at said mine, except those who continue to
work, shall have deducted from his earnings the sum of $1 per day for each day
or part of a day they may remain idle.
Sec . 30. Should any operator or his representative lock the men out for the
purpose of forcing a settlement of any grievance or cause the mine or a part of
the mine to shut down in violation of this rule, he shall be fined $1 per employee
for each day or part of a day the mine is thus thrown idle..
Sec . 31. All fines assessed against employees under this agreement shall be
collected by the operator from the pay for the half month in which the violation
of the agreement occurred, or the first money due thereafter, and the operator
shall remit the same to the treasurer of the joint board within 20 days after col­
lection. A failure on the part of the operator to do so shall make him liable
to a penalty of 50 per cent of the amount involved.
Se c . 32. All fines assessed against the operator shall be rem itted to the
treasurer o f the join t board within 20 days after official notice is given in w riting.
Said notice shall be given within tw o weeks after the alleged violation, stating
the cause o f the fine, from the local union to the operator affected.




THE UNIONIZED PART OF THE FIELD.

17

Sec. 33. All fines provided for in this agreement shall be automatically col­
lected, and any operator failing to collect such fines shall pay a penalty o f $2
for each employee subject to be fined, the same to be collected and retained in the
miners’ district organization. And in no case shall any fine be refunded except
by mutual agreement of the accredited representatives of the operators and the
miners.
Sec. 34. It is further agreed that where any employee enters suit in the civil
courts to collect any fine collected in accordance herewith the district organization
shall reimburse the operator for the expense incurred on account of such suit.
The joint board may use all the moneys received from fines for such worthy
purposes as it may deem proper.
BIGHT TO APPEAL.

Sec . 35. If any local union or operator claims that a fine has been collected
contrary to the terms of this agreement, they shall have the right to appeal to
the joint board. Any appeal not settled within 30 days must be arbitrated.
NEGOTIATIONS DURING SUSPENSIONS.

Sec . 36. Under no circumstances will the operator recognize or treat with any
representative of the United Mine Workers of America during the suspension of
work contrary to this agreement.
IRREGULAR WORK.

Sec. 37. Should any employee absent himself from work for two days, or
persist in working irregularly, unless through sickness, or by first having notified
his foreman and obtained his consent, it shall be construed as a dischargeable
offense; and in case of sickness it is the duty of said employee to notify his
foreman at once, in order that arrangements may be made to fill his place.
TURN.

Sec. 38. The operator will see that an equal turn is offered each miner, that
he is given a fair chance to obtain same. The checkweighman, where one is
employed, may keep a turn bulletin for the turnkeeper’s guidance. The driver
shall be subject to whoever the mine foreman shall designate as tumkeeper in
pursuance thereof. This rule is not applicable, and shall not be considered as
preventing the operator from driving entries or removing pillar stumps as rapidly
as the emergency may demand.
BURIAL FUND.

S ec . 39. A burial fund may be established by each mine or local, to which
fund each miner shall contribute 25 cents a month until a sum of not less than
$100 and not more than $500 shall have been created, when collections shall
cease until the fund is reduced by death, when a collection of 25 cents per month
per man shall again be made until the amount reaches the maximum agreed
upon, and so on. On the day that death by accident to any employee occurs,
in or around the mine, for that day only the miners may cease working; but
under no circumstances shall the mine be made idle for any funeral. And in
consideration of the mine continuing to work on the day that a funeral of one of
its employees is held, the operators agree to contribute to the bereaved family
one-third the amount paid by the miners, said amount not to exceed $25, pro­
vided the deceased was not entitled to compensation fund of the State. In case
the funeral occurs on Sunday or any day the mine is idle through no fault of the
employees, the company shall contribute as above. This does not prohibit
friends from attending funeral.
Where greater amounts are needed than those stipulated for burial purposes,
collection of such amounts may be arranged locally by mutual consent.
S ec . 40. There shall be a committee appointed, known as the burial fund
committee, to take charge of these funds, and to make all necessary funeral
arrangements in case of any death, and said committee shall be paid for such
duties as may be agreed upon locally.




18

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD.
CONSTRUCTION AND REPAIR WORK DURING SUSPENSION.

Sec . 41. It is understood that in the event of a disagreement between operators
and mine workers, steam and electrical engineers, firemen, and pumpers are
required to continue to perform such work as is in line with their duties.
During any strike or suspension, it is hereby understood that all men on all
kinds of outside construction and repair work, together with all kinds of work
inside the mine that is not producing coal, must continue at work. It is further
understood that such miners as are necessary are to be permitted to mine coal
for the boilers and domestic consumption on the property. But this is not to
be construed to mean to mine coal for shipment.
ENTRY GOB AND DEAD WORK.

Sec . 42. Where there is not sufficient room to gob the dirt and draw slate in
entries with ordinary conditions, the loader or miner shall load it in bank cars
and the company shall unload it.
Sec . 43. For dead work, where unusual conditions exist, the price to be paid
for same shall be a question for local adjustment. Failing to agree, the company
shall have the right to remove the same and give the miner another place, but
all agreements entered into for abnormal conditions shall continue only so long
as such conditions exist.
e x p l o s iv e s .

Sec. 44. The miner shall purchase all explosives and detonators of all kinds,
including fuses and squibs for blasting coal. If explosives and detonators are
sold by the operators, they shall be sold at cost, which is to include handling,
transportation, and insurance. The operator reserves the sole right to desig­
nate the kind of explosives that shall be used in the mines; provided all ex­
plosives shall be of a standard grade.
SMITHING.

Sec. 45. A uniform charge of one-half cent per ton for smithing shall be
made on all coal mined by the miner and loader for pick and machine coal
throughout
NO DISCRIMINATIONS.

Sep . 46. There shall be no discrimination against any mine worker on account
o f activity in the affairs of the organization.
OTHER CONDITIONS NOT SPECIFIED

Sec. 47. All terms and conditions not specified under this contract to continue
as they now exist during the life of this contract, except where changed by mutual
consent.
NO INVALID RULES TO BE ENFORCED.

Sec . 48. All local rules in violation of this contract shall be null and void,
and n o local union or group of local unions shall pass any rules in violation,
neither shall any com pany enforce any rules in violation of this contract.
EXEMPTION UNDER THIS CONTRACT.

Sec . 49. This scale shall not affect mine foremen, mine foremen’s assistants,
fire bosses, weighmen, dock boss or trimmer, stable boss, boss driver, electrician,
night watchmen, lamp men, and teamsters.
LOADING MINE CARS.

.

Sec . 50. N o lim it of weight shall be placed on loading mine cars. In case of
loss in transit, the com pany shall not be held responsible, except where a wreck
occurs th e average weight shall be m ade good b y the com pany. In order that
miners can n ot take advantage o f this clause, the mine m anagem ent and com ­
m ittee o f any mine where com plaint is m ade of loading cars over their capacity
shall mutually agree on a standard height for loading cars.




19

THE UNIONIZED PART OE THE FIELD.
WET PLACES.

Sec . 51. When it has been determined a place is a wet place, the operator
shall pay 5 cents per ton in excess of the regular rate, 1 cent of which goes to
the cutter and 4 cents to the loader.
Places shall not be classified as wet when by ordinary method of workman­
ship a mine worker can keep dry.
SAFETY LAMPS.

Sec . 52. In mines where closed lights, either electric or others, are used, a
charge to the user of 5 cents per shift, per lamp, shall be made. An additional
safety lamp, where required by the cutter to comply with the mining laws, will
be furnished free. The miner shall be responsible for taking care of his lamp,
and no extra charge shall be made unless he deliberately or carelessly breaks
any part of same. Where electric or other closed lights are substituted volun­
tarily on the part of an operator for an open light, a charge of 5 cents per shift,
per lamp, shall be made.
HOUSE COAL.

Sec . 53. Where coal is used for fuel in dwellings, it will be furnished to em­
ployees for their own use at two dollars ($2) per ton, plus delivering cost. Where
coal is not delivered by the company, and employees carry it, they shall pay
two dollars ($2) per month per house of four rooms or less. If the company
does not or can not deliver the coal, the employee shall have the right to get it
hauled by outside teams.
ABC-WALL OR TRACK-CUTTING MACHINE RATE.

S ec . 54. The following rates apply to the arc-wall or track-cutting machine
when the cutting is made at the top or bottom of the seam:

Occupation.

Open
lights.

Closed
lights.

C o a l 6 fe e t a n d o v e r .

Machine milling with machine drilling—bottom cutting:
Cutting, rooms..........................................................................
Cutting, entries.........................................................................
Loading, rooms........ .....................„.........................................
Loading, entries........................................................................
Machine mining without machine drilling—bottom cutting:
Cutting, rooms..........................................................................
Cutting, entries........................................................................
Loading, rooms.........................................................................
Loading, entries.......................................................................
Machine mining with hand drilling—top cutting:
Cutting, rooms..........................................................................
Cutting, entries.........................................................................
Loading, rooms.........................................................................
Loading, entries........................................................................

$0.121725
.13425
.607
.627

$0.12375
.13875

.114225
.12675
.627
.647

. 11625
.13125
.64
.66

.64

.104225
. 11675
.637
.657

C o a l le s s th a n 6 f e e t .

Machine mining with machine drilling—bottom cutting:
Cutting, room s........................................................................
Cutting, entries.........................................................................
Loading, rooms.........................................................................
Loading, entries........................................................................
Machine mining without machine drilling—bottom cutting:
Cutting, rooms.................... .....................................................
Cutting, entries...... ..................................................................
Loading, rooms.........................................................................
Loading, entries........................................................................
Machine mining with hand drilling—top cutting:
Cutting, rooms..........................................................................
Cutting, entries........................................ —...........................
Loading, rooms.........................................................................
Loading, entries........................................................................

126225
1536

68

7375

.12825
.1581
.693
.75

118725
1461
70
7575

.12075
.1506
.713
.7705

108725
1361
71
7675

This scale of rates for arc-wall or track-cutting machine prices has been deter­
mined as the result of a test to determine the labor saving as provided for in
the award of the Bituminous Coal Commission of 1920, both parties to this




20

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD.

agreement subscribing to the recommendations of the Bituminous Coal Com­
mission regarding the introduction of new machinery, and hereby agree to con­
tinue the recommendation of the Bituminous Coal Commission in relation to
the introduction of new machinery.
At the conclusion of this contract, the schedules provided for herein for this
type of machine may be reviewed without prejudice by either party in the making
of a future wage scale.
PRINCIPAL FEATURES OF AGREEMENT.

Briefly stated, the following are the principal features of the 1923
agreement between the Northern West Virginia Coal Operators7
Association, representing the employers, and the United Mine Work­
ers of America, representing the miners:
1. Rates of wages to remain the same as in 1922.
2. Free rent, free powder, free lights, or any extra compensation
in time or money, or otherwise, “ is hereby mutually construed as a
bonus and is condemned.77
3. Coal to be paid for on a run-of-mine basis, the miner to be
“ required to load his coal free from slate, bone, niggerhead, and other
impurities.77
4. Eight-hour day, with specific provision for emergency work
after eight hours when “ necessary for the safety or continued opera­
tion of the mine.77
5. Check-off for dues, fines, and special assessments.
6. Checkweighman at tipple.
7. Authority to hire and discharge to remain with the manage­
ment, and “ nothing in this agreement shall be construed to abridge
the right of the employer in either of these respects.77
8. The following adjustment machinery: Employees7 mine com­
mittee of three men, “ all of whom shall be American citizens, or who
have made application for citizenship, and employees of the mine,
and who speak the English language.77 The grievance in the first
instance to be handled by the mine committee and foreman or super­
intendent. In case of disagreement, the controversy to be referred
for adjustment to the labor commissioner for the operators and the
subdistrict president of the union. Cases upon which the latter
officials are unable to agree to be referred to the joint board of the
district, which board is to consist of an equal number of representa­
tives from each side. All cases where the members of the joint
board fail to agree to be referred for final adjustment to an umpire
selected by mutual consent.
9. No unjust discharges or suspensions. Miners discharged or
suspended unjustly to be reinstated with back pay.
10. No strikes or stoppages. This clause is amplified by an addi­
tional provision as follows: “ Should any officer or officers of the
United Mine Workers of America, or any member or members
thereof employed at any mine, cause the mme or part of a mine to
shut down in violation of this rule, each member of the United Mine
Workers of America employed at said mine, except those who con­
tinue to work, shall have deducted from his earnings the sum of $1
per day for each day or part of day they may remain idle.77 It is
the duty of the mine committee to replace workers who, contrary to
the agreement, refuse to work.




THE UNIONIZED PART OF THE FIELD.

21

11. No lockouts. A fine identical to that imposed upon the men
for striking is to be imposed upon the operator for locking out the
miners.
12. No negotiations of any sort to take place between the parties
while work is suspended contrary to the agreement.
13. No discrimination for union activity.
ADJUSTMENT MACHINERY.

The machinery for the adjustment of grievances under the contract
between the Northern West Virginia Coal Operators’ Association and
the United Mine Workers consists of the following: (1) Local pit or
bank committees to deal with the local management; (2) a labor com­
missioner on the operators’ side, who works in conjunction with the
subdistrict presidents of the union; (3) a joint board for the district,
based upon the principle of conciliation, each side having an equal
number of votes; (4) an umpire to settle cases upon the adjustment
of which no decision can be reached by the joint board.
At the mine the grievance is taken up, in the first instance with the
foreman by the worker affected. If no satisfactory adjustment can
be reached, the matter is referred to the union pit or bank committee,
which takes it up with the superintendent. If the latter are unable
to agree, the case is referred to the labor commissioner of the as­
sociation and the subdistrict officials of the union. In their adjust­
ment work the union subdistrict presidents are assisted by the vice
presidents, secretaries, and board members, and sometimes by
organizers who are detailed by the district office to assist the sub­
district officials.
In cases of disagreement on the part of the labor commissioner
and the subdistrict union officials, the controversy goes to the joint
board. The union officials on the joint board are the president of
district No. 17 and the two subdistrict presidents. An equal number
of operators represent the association on the joint board.
Before cases can be referred by either side to the joint board, the
following practice is followed: The labor commissioner for the
operators must advise with his special advisory board as to
whether or not the specific case is to go to the joint board. Some­
times the advisory board of the operators decides the case in favor of
the union by preventing the grievance from going to the joint board.
A similar practice is followed on the union side, the two subdistrict
presidents consulting with the district president before taking the
controversy to the joint board. In the presentation of cases before
the joint board the labor commissioner of the operators presents the
employer’s side of the case and the subdistrict presidents the side of
the miners. The joint board may call for additional evidence:
additional witnesses may be sent for and documentary evidence re­
quested.
The vast majority of grievances are settled locally—between the
bank or pit committee oi the mine and the management. The bulk
of cases which can not be settled locally are settled by the operators’
labor commissioner working in conjunction with the subdistrict presi­
dents of the union. This agency is most effective. This effective­
ness is due, in a very large measure, to the personality of the labor
commissioner for the operators, who has had a large and practical




22

LABOR RELATIONS IN TH E W EST VIRGINIA COAL FIELD.

mining experience and has a wide understanding of trade-unionism,
having at one time served as district president of the United Mine
Workers. The operators’ labor commissioner is independent enough
actually to guide the labor administration policies of his clients, and
his extensive knowledge of coal mining commands the respect of the
union. He acts more like the custodian of the agreement than an
employee of the operators.
The two subdistrict presidents of the union who deal with the
labor commissioner for the operators are men who as a rule play fair
with the operators and make an effort to carry out the provisions of
the scale contract. There is very seldom, therefore, a situation
which is not adjustable by the labor commissioner and subdistrict
presidents.
A very smallpart of the cases, less than 5 per cent, is referred to the
joint board. This board consists, as stated before, of an equal number
of representatives of both sides. An examination of the minutes of
the proceedings of this board since its organization shows its ineffec­
tiveness in handling cases speedily. The board’s*usual procedure is
to agree on principle, but to disagree on its application.
The agreement provides for an umpire to settle all disputes upon
which the joint board can not agree. Because of the fact that there
is no permanently appointed arbitrator, however, there is frequently
a deadlock as to the person of the arbitrator. In one such instance,
the .arc-wall cutting machine case (see pp. 31 to 33), the case should
have gone to an arbitrator, but it never did because no agreement
could be reached as to the person who should act as arbitrator. The
controversy dragged on, unsettled, for two years.
On the whole, the agreement between the Northern West Virginia
Coal Operator’s Association and the United Mine Workers of America
is working with a fair degree of success. An examination of the
records snows that a serious attempt is being made to establish
uniform practices by both the labor commissioner for the employers
and the union subdistrict presidents, as well as by the joint board.
The object is to create some sort of a yardstick, or so-called in­
dustrial code of law, which may be followed as a precedent in the *
future adjustment of cases.
The labor commissioner for the operators has the following to say
regarding the method of adjustment of grievances:
1. The formal method is for completed grievance blanks to be furnished on
their respective forms by the operator to the commissioner, and by the miners’
local to the miners’ district officers. If these contain sufficient information, a
joint decision is written, stating in outline the case, and the award, with the
signatures. If there is not sufficient information, a visit is made to the mine,
testimony taken or the place examined, and a written decision given as before.
2. The commissioner’s office may receive a grievance blank covering a case
in dispute at one of the mines. The action of the employees in this case may be
contrary to former decisions, and the commissioner’s office will call this to the
attention of the union headquarters, who will in turn notify the mine local,
and the complaint will be killed without a written decision.
3. The union headquarters may receive a grievance blank from the local at
a mine, and have a conference with the commissioner’s office, and the informal
discussion may lead to a verbal settlement of the case without any written records
whatever.
4. As a rule, -no records are kept of a local strike, the commissioner having
been notified by phone of the condition, and the commissioner calling the union
headquarters and giving notice that the men must be put back to work before
any negotiations or discussion on the case is commenced, in accordance with the
agreement.




THE UNIONIZED PART OF THE FIELD.

23

5.
There are probably very numerous cases of the mine local discussing cases
with their district officers which never come to the attention of the commissioner.
Likewise, there are cases of the mine management asking the commissioner for
information or direction as to former decisions and precedent in various matters.
It is my firm conviction that over three-quarters of the work of the commis­
sioner's office is directed as described in paragraphs 2, 3, 4, and 5. Similar to the
practice in the regular courts of the country, precedent is gradually making the
cases more and more clearly defined, although there is sometimes the factor
of past performance and record of the individual workman or coal company,
which may influence the decision. It is impossible to get away from the 4‘ human
factor" entirely, and both parties recognize such conditions.

GENERAL NATURE OF GRIEVANCES.

The following representative list of cases from the records of the
labor commissioner for the Northern West Virginia Coal Operators7
Association indicates the general nature of grievances arising from
day to day at the mines in the Fairmont field. Whenever shown by
the records, the nature of adjustment made is given.
In a new mine an additional payment of 60 cents per yard had
been made before the installation of the fan because of bad air.
After the fan was installed, the miners protested against removal of
the special allowance.
Additional payment had been made for exceptionally bad top.
The miners objected to the removal of the additional payment after
the top became normal.
A claim was made by a miner that he had lost eight days7work on
account of the failure of the machinemen to cut his place. The
machinemen claimed that extra long jack pipes which were needed for
cutting were not available. As the evidence showed that there was
no lack of material, the claim of the miner was denied.
A claim was made by a miner for loss of time due to a mine car
getting off the track. The miner claimed that hi,s duty ended with
the loading of the car, and that it was the company’s obligation to
get it out. The evidence showed that the track had not been properly
laid by the miner and that the derailment was his fault.
A claim for two days7 lost time was made by a machineman who
was discharged for refusing to cut a workman’s place. He was
offered other work, in accordance with the scale contract, but claimed
extra compensation.
A man accepted a job as first-class blacksmith, but was later
transferred by the foreman to loading coal because he was not a
first-class blacksmith. He protested the transfer. The case was
decided by classifying him as a second-class blacksmith.
A machine cutter claimed additional compensation for jacking
tip the rear of his cutting machine because the working place was
lower on one side than on the other. Upon investigation the claim
of the man was denied.
Because the machinemen were paid extra for abnormal conditions
in the fifth south section, they demanded the same for all places.
The claim was denied.
Because a driver was paid extra for “ breaking in ” new livestock
he demanded continuous extra compensation. His claim was denied.
A machine miner demanded extra compensation for operating a
6-foot machine, claiming it did not mine as much coal per cut as
the 7-foot machine. The case was adjusted by compromise.




24

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD.

Miners made claim for their average mine car weight when the
end gates came open and coal was lost in transit. The case was
decided against the miners because the responsibility for fastening
end gates devolves upon the miners.
A section of a mine consisting of only a few headings and a limited
tonnage was changed from horse to motor haulage. The tonnage
hauled did not require a brakeman on the motor trip. The mine
committee demanded that a brakeman be placed on the trip. The
claim of the miners was denied.
The company had laid some room track a few times for miners
when conditions were abnormal, or for inexperienced miners. The
miners contended that this fact constituted it an obligation for the
company to lay all room or temporary tracks. The claim was de­
clared not justified.
A committeeman was discharged for interfering with daymen
going ta work on an idle day. His reason for such interference was
that the O. K. of the fire boss had not been placed on the blackboard.
He was reinstated, with the warning that the safety of the mine
rests with the mine management and not with the committee.
The company was putting in a tramway to haul supplies to the
mine. The regular employees contended that only union men could
be employed for this work. The case was decided against the men
in accordance with the scale agreement.
A local union ordered two men to appear for trial. The men
refused to appear and the pit committee instructed the mine driver
not to deliver empties to the men. The driver carried out the orders
of his local and was discharged by the foreman. The decision
recommended that payment be made by the union to the two miners
for lost time and that the driver be reinstated.
A local union took exception to a man being hired as fire boss and
threatened to strike if he was retained in service. The case was
decided against the local, because fire bosses are not included under
the scale contract.
A miner, who was not at his work when the mine was in operation,
deliberately embarrassed slate pickers and trimmers on the tipple by
calling attention of the weighman and checkweighman to dirty coal
being dumped into railroad cars. The man was discharged, and
upon investigation it developed that the man had said, “ You are
making the men all sore by ringing up so many dirts and you will
have to let up.” The discharge was sustained.
A complaint was made by an operator that the miners interfered
with necessary overtime work. Ij} was decided that such an objec­
tion could be taken up only through the regular channels and that
interference was not permitted under the contract.
A mine had an electric pump with an automatic switch, which
required attention only two or three times a day. A demand was
made by the mine committee that an attendant be employed, and
that the foreman be forbidden from giving the occasional attention
the pump required.
A power-house employee who, during a strike, did work which was
permitted by the scale contract was fined by the local union. He
paid the fine rather than appeal the case. A few weeks later he was
lined again, and refused to pay the fine. The miners were called out
on a strike until this fine was paid.




THE UNIONIZED PART OF THE FIELD.

25

Scales were claimed by the miners to be incorrect. A joint inves­
tigation did not prove contention of miners.
A driver’s wage was claimed by a man for using a mule in moving
loads from the mouth of the mine to the knuckle and returning with
empties to a clearance point on the loaded track. Upon joint inves­
tigation of the physical condition surrounding the territory over which
the loads and empties were moved between the pit mouth and knuckle,
it was decided that as the complainant was then receiving a wage in
excess of the scale rate for tipple men (such wage being based on the
rate paid slatemen, a service which the man periodically performed)
he was not entitled to any increase in pay.
Machinemen were fined for leaving a thick bottom. Upon inves­
tigation the place was found full of water, which made it difficult for
the machinemen to cut closer. It was decided to refund the fine.
The miners complained that a mine foreman, when discharging a
loader, attempted or threatened bodily violence with an iron pin or a
piece of iron. A thorough joint inquiry was made, which revealed
that the contention of the miners was unfounded.
Several complaints came to the operators7 labor commissioner and
to the mine workers7 officials relative to mine foremen doing work
covered by scale contract. The following rule was then adopted by
mutual consent: “ It is in violation of contract for any boss or fore­
man to work on any job covered by the scale contract. This ruling
is not to be construed as preventing a boss or foreman from assisting
any workman in emergency work, if no one is displaced thereby.
When a mine is closed down pending a revival of the coal market,
regular workmen should be employed to keep the mine in repair.77
The miners claimed that the company used exempted men (super­
visory nonunion employees) in cleaning away sulphur and other
impurities which had accumulated beneath the tipple. According to
the miners, this work should have been done by union men. A joint
investigation of the work in question established the fact that the
tipple men, in removing the refuse from the coal on the car, had
thrown it off the coal company’s property but had not thrown it a
sufficient distance to suit the railroad company, and that in the second
removal the company utilized exempted men. The case was de­
cided in favor of the company.
Complaint was made that the company suspended a driver for
two days “ for failure to pull a car of coal.77 The scale contract
makes no provision for the suspension of workmen for violation of
contract or other offenses, except for the loading of dirty coal. The
man was therefore reinstated with back pay.
Claims were made by the loaders for 5 cents additional per ton
for coal loaded during the months of February and March, 1922,
when they were required to work in water and became wet by so
doing. Section 51 of the contract provides that when it has been
determined that a place is wet, the operator shall pay 5 cents per ton
in excess of the regular rate. The same section provides that places
shall not be classified as wet when by ordinary methods of workman­
ship a mine worker can keep dry. The evidence produced disclosed
the fact that the men became wet in doing their work, and it was
therefore decided that the men should be paid the additional 5 cents
per ton.




26

LABOR RELATIONS IN THE WEST1 VIRGINIA COAL FIELD.

The miners claimed that some of the loaders were working in
places in which they could not perform their duties without becoming
wet, and that the company was not paying for wet places in accord­
ance with the scale contract. Upon investigation it was found that
the miners were entitled to the special allowance for work in wet
places.
The union complained that a proper division of the work for
enginemen on idle days was not being made. The company had
divided the 24 hours into four 6-hour shifts, giving each of the four
enginemen an equal turn of 6 hours. The complaint of the miners
was denied.
Two house carpenters were discharged for failure to work a full
eight hours. The miners claimed that these men had worked on
labor covered by contract, were members of the union, and could
not be discharged. The company contended that the scale agreement
work performed by these men was performed only when the regular
workmen were absent through sickness or other causes. As the evi­
dence sustained the contention of the company, the house carpenters
were declared not subject to the jurisdiction of the scale agreement.
The above-cited cases are illustrative of the “ difficult” cases
arising from day to day, cases which, as a rule, are not adjustable at
the mine. They have to be referred, as they actually were in all
instances, to the labor commissioner for the operators and the sub­
district presidents of the union for settlement.
PAY FOR DEAD WORK.

Payment for dead work is a subject responsible for many disagree­
ments between the operators and the miners. The very nature of
the work makes it most difficult to arrive at a fair appraisal of the
extent of labor actually involved. The scale agreement does not,
therefore, make any specific dead-work rates, leaving the matter
open for collective bargaining, mostly of the oriental type. Among
the more important dead-work items are:
1. Timbering the work place, which may consist of simple props
or be of various degrees ot complexity up to the setting up of cribs.
2. The pushing of cars, which may include pushing of cars both
ways from the entry switch to the face, one way or just a limited
distance.
3. Top and bottom brushing. By this is meant the removal of
the upper or lower strata above or below the coal seam in order to
allow sufficient space for mining.
4. Removal of falls, horsebacks, and the like, which are protrusions
of strata from above or below into the coal seam.
5. The removal of clay veins, slate bands, sulphur bands, and the
like, which are layers of thin strata of impurities within the coal seam
proper.
6. The laying of tracks in places not specifically covered by the
scale rate.
7. The bailing of water into pails and then into barrels, as is done
in mines in West Virginia and Central Pennsylvania. This is cov­
ered by the term “ work in wet places,” for which a special differential
is granted by the scale agreement of this field. The specific defini­
tion of what should be considered a “ wet place” is the subject of
many controversies.




THE UNIONIZED PART OF THE FIELD.

27

JOINT BOARD.

The following section is based upon a detailed scrutiny of the
minutes of the proceedings of the joint board since 1919, supple­
mented by interviews with members of the board from both sides.
An analysis of the minutes shows the joint board to be a fairly
effective agency for interpreting disputed points of the agreement.
It is, however, less effective as an agency for the actual adjustment
of individual cases.
With the object of standardizing working conditions throughout
the field, the board, at one of its early meetings, decided to substitute
the scale agreement of the Northern West Virginia Coal Operators’
Association for individual company agreements with the union.
The issue arose in connection with a controversy between the union
and one of the coal companies, which was settled by joint resolution
adopted August 8, 1919, as follows:
It is the judgment of this committee that it is in violation of the regional basic
scale agreements and the supplemental agreement of December 17, 1918, for
either party to these agreements to attempt to compel by any means the adoption
of any wage scale or working agreement other than these between the United
Mine Workers of America and any coal producing company within the jurisdic­
tion of this association.
It is the further judgment of this committee that the agreement entered into
between th e ------- Coal Co. and the United Mine Workers of America is not the
standard regional basic scale agreement, and is therefore in violation of the
agreement of December 17, 1918.
Therefore, this committee in its proper jurisdiction in such matters and by the
further authority of a resolution of the board of directors of the association
criticizes t h e ------- Coal Co., as a member company, for signing the agreement
which they recently consummated with the United Mine Workers of America,
and criticizes the United Mine Workers of America for submitting such an
agreement to th e ------- Coal Co., and more particularly for attempting to coerce
five other operating companies in the Adrian field into signing the same agree­
ment— both sections being, in the judgment of this committee, in violation of the
existing agreements.

The actual abrogation of all agreements in the field dissimilar to
the one in operation between the Northern West Virginia Coal
Operators’ Association and the union took place on August 14,1919.
The nature of a case settled by the joint board at its meeting of
August 21,1919, can be seen from the following resolution adopted by
the board in settlement:
Recognizing the injustice to t h e ------- Coal Co. in paying the low seam wage
scale in addition to the yardage rate paid for draw slate, it is the sense of this
joint board that a strict interpretation of the present wage scale in effect between
the operators in the territory covered by the Northern West Virginia Coal
Operators’ Association and district No. 17 of the United Mine Workers of Amer­
ica, that th e------- Coal Co. shall pay the low seam wage scale in their mines in all
places where the coal seam measures less than 5 feet from the top of the coal seam
to the bottom of the coal seam.

At the meeting of the joint board on May 7, 1920, the union
presented grievances involving requests for additional pay for loaders
because of changed conditions of work at one of the mines of a certain
coal company. A joint committee was appointed to investigate and
report on this case.
The union also complained against the cutting rate in the mines
of another company. The new rate, according to the union, was
below the rate provided by the scale contract. The contention of the
company was mat the rate paid was to the actual advantage of the




28

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD.

cutters because it gave them better earnings than they would have
received under the rate claimed by the union. The case was with­
drawn by the union.
A third case was brought before the board by an operator. It
seems that on idle days the company utilized its miners to fill up coke
ovens, an equal turn being given each miner. One of the local union
officials issued orders against this practice, maintaining that either
all miners should be used to fill coke ovens or none at all. The case
was unanimously decided in favor of the company.
In the early administration of the agreement there arose a number
of cases calling for a definition of jobs. The term “ dumper” was,
for instance, interpreted differently by the men and by the company.
At a meeting of the joint board held June 15, 1920, the operators
suggested that the term “ dumper” be defined as “ a man who dumps
mine cars over the tipple for loading into railroad cars.” The joint
board, after agreeing to arbitration upon a deadlock as to the defini­
tion, reconsidered its decision and adopted the operator’s definition of
the term “ dumper.” The same board defined the term “ first-class
blacksmith” to mean “ a blacksmith who is able to perform all classes
of work in connection with his trade; this includes making parts for
machinery, tracks, frogs and switches, making car irons and horse­
shoes, and shoeing livestock.” A motorman was defined as a man
operating “ all classes of motors, electric, gasoline, etc.” The term
“ water tender” was defined as “ a man who is designated to see that
the water is kept at the proper stage in the boilers.” An attempt was
then made to define the term “ engineer” but without success.
Up to May, 1920, elaborate stenographic records of speeches at the
joint board meetings were kept, but at this time amotion was made
and carried “ that there will be no record kept of meetings except
questions and decisions.” This policy eliminated a lot of the red
tape connected with the functioning of the board and greatly facili­
tated the settlement of cases.
A rather interesting case came up and was decided at the meeting
held June 7, 1920. The union requested that the increase of 14 per
cent granted by the United States Bituminous Coal Commission be
applied retroactively to all daymen who remained at their posts
during the general suspension of November 19, 1919. The union
request was granted.
A case involving the consolidation of two jobs into one and giving
the job to one of the men who could attend to all the work was settled
by the joint board. The company’s contention in the case was sus­
tained.
A rather complicated case was handled by the joint board on March
16, 1921. A miner was discharged for loading dirty coal. The con­
troversy was carried to the joint board by the union, which claimed
that the discharge was unjustified. For this the union gave the follow­
ing reasons:
1. The plaintiff was working with his brother, and it was therefore impossible
to determine who loaded the impurities.
2. The plaintiff was not guilty of three successive violations of section 18 regard­
ing impurities, the three violations which actually occurred covering two men, or
one and one-half violations per man, instead of the three as required for discharge.
3. Because of a trapdoor displacement, there was smoke in the working place
which prevented the men from seeing the coal.




THE UNIONIZED PART OF THE FIELD.

29

After prolonged discussion and investigation the joint board sus­
tained the discharge.
The board, on December 10,1921, decided that the scale agreement
did not apply to work preparatory for mining prior to the actual
beginning of the digging o f the coal. Rates fo r preparatory work
were to be set by the company and the men involved. The scale
agreement became operative only when the actual digging of coal
for shipping purposes began.
At the joint board meeting of April 7, 1923, a number of cases were
brought up and settled. One case concerned reduction of the load­
ing rate for crosscuts from the entry price to the room price when
crosscuts were driven in excess of 14 feet in width as stipulated in
section 1 of the agreement. The joint board interpreted section 1
to mean that where crosscuts are driven in excess of 14 feet in width
the price stipulated for wide work shall apply, and that where machinemen persist in cutting working places m excess of the width
ordered b y the company, they shall be subject to discipline.
A second case arose because one of the operators began to use
heavier steel for room tracks. It was agreed by the joint board
that where steel ties of 20 pounds in weight are used, the miners
shall lay all track. Where the company elects to use steel in excess
of 20 pounds weight, miners shall be furnished with a trackman to
assist them in laying the same.
A third case involved change in rate for a wheelman. The joint
board decided that as there is no fixed scale for this class of work,
and as a rate had been made at this mine by the company under
the provisions of section 47, the company could not change that
rate. The old rate as fixed by the company was retained, retro­
actively.
The question of whether or not a machine cutter is obligated to
take a horse and move his machine, on an idle day, without extra
compensation was brought before the board. It was agreed that
the scale rate provided fo r cutting coal includes the moving of the
machine from place to place, and that the operator is required only
to provide the ways and means for the machineman to move the
machine. However, where it is the fault of the company that the
machineman can not cut his coal in the regular hours, he is to be
compensated for taking a horse and moving his machine when the
mine is not in operation.
Up to this time the meetings of the joint board had taken place
irregularly. A t the meeting of the joint board on April 7, 1923, it
was decided to hold the joint board meetings regularly on the second
Monday of every other month.
ARBITRATION.

As stated elseNvhere in this report, no cases which have come to a
deadlock in the joint board have been sent to an umpire for final
adjustment, as provided in the scale agreement. The most serious
case of such a deadlock— one concerning new cutting rates because
of the introduction of the arc-wall cutting machine 8— was not arbi3See pp. 31 to 33.

88793°— 24t----- 3




30

LABOR RELATIONS IN THE W EST VIRGINIA COAL FIELD.

trated because the representatives of the respective parties on the joint
board could reach no agreement as to the person of the arbitrator.
Locally, however— that is, at individual mines— some cases have
been adjusted b y arbitration, the umpire in each case being selected
b y consent of the local union officials and the local mine management.
In one of the cases the company claimed that on a certain date
an employee approached the mine foreman and notified him that
he would no longer continue to perform his duties as shot fireman,
unless he was granted six days* work each week. The foreman
answered that the only guaranty he could give was “ his money for
his time. ” When offered a slip for the money due him, the man
refused to accept it, declaring that the company had no right to
discharge him. The mine foreman claimed that he then told the
man he was discharged, but in spite of that the man took his lamp
and went into the mine. The foreman then notified the man to
com e outside, but the man continued to perform his duties u n til.
the end of the day. A ll of these facts were found to be true b y the ;
join t investigation. The contention of the union was that the com ­
pany had no right to discharge the employee until he had actually
refused to perform his duties, and that the man had committed no
offense as He had continued to attend to his duties.
The umpire justified the discharge in the following decision:
From the evidence as herein stated, it is quite evident th a t------ did not con­
form to the scale contract procedure in seeking redress for wrongs he complained
of, viz., he did not make his complaint to the mine foreman and seek redress
through the courts of the joint organization as per sections 23 and 24, but de­
clared he would no longer perform the assigned duties unless his wishes were
granted * * *. He further violated section 13 of scale agreement in enter­
ing the mine after being told he was discharged, and refusing to come out when
notified to come out. In view of the above-stated facts and because o f the
several violations of scale provisions on the part o f ------ I am of the opinion,
and so decide, that the company under scale contract was justified in its action

The following three cases, all occurring in the mines of one com ­
pany, were settled by arbitration:
Case No. 1 involved a complaint against salaried men running
pumps and doing ventilation work. It appears from the evidence
that the defendant company closed down its operations December •
31, 1921, indefinitely, and monthly or salaried men were requested
to perform such duties as keeping water from accumulating by
starting and stopping the pumps and looking after the ventilation
of the mine. The miners claimed compensation for the time during
which this type of work had been performed b y the monthly men,
between January 21, 1922, and April 1, 1922, on the ground that
“ exempted employees had no rights under the contract to do work
covered by the scale agreement during an indefinite suspension.”
The miners further based their argument on a decision handed down
b y the operators’ labor commissioner, January 26, 1921.
In the opinion of the arbitrator the evidence submitted supported
the claim of the company that the closing down was indefinite.
i ‘ There was no market for coal, and the price was so extremely low,
with no prospects of there being any marked change in the coal price
upward, that would even give an idea as to an approximate time when
the operation would resume.” The arbitrator denied the claim of the
employees.




THE UNIONIZED PART OF THE FIELD.

31

Case No. 2 involved extra compensation for pillar drawing. The
evidence showed that it was necessary to push pillar work in order to
recover a great quantity of coal that was showing strong indications
of being on the squeeze. This was an emergency matter which de­
manded prompt action, and in order to push this work as rapidly as
possible and to encourage workmen in the performance of the service
the company paid 40 cents per car in addition to the scale price, appli­
cable only to places in which two men were working. When the
condition had been overcome, the company eliminated the extra
compensation.
It was the opinion of the umpire that the company was within its
rights in refusing to continue the extra compensation when the
specific thing for which it had been paid was removed. The claim of
the men for extra compensation was denied.
In case No. 3 a driver was discharged for failing to follow orders.
It appeared from the evidence that the driver failed to pull a loaded
car up from a rib to the working place. The working place was on a
slip advancing across the end of the pillar. Because of big bottom,
the track was removed and the miner was ordered to lift the bottom
on company time. The driver placed an empty car on straight track,
and the miner, not having the means of shooting the place could not
state whether or not he could load the car. Work was discontinued at
1 o’clock p. m. and the driver was ordered to quit duty at that hour.
A t 12.05 o ’clock p. m. the car was not loaded and evidence showed the
car remained unloaded at 1 o’clock p. m. The evidence failed to show
any infraction of orders on the part of the driver, and he was therefore
ordered reinstated.
THE ARC-WALL MACHINE CASE.

The arc-wall machine case arose in the latter part of 1920, being
instituted by the operators. A new mining machine known as the
“ arc-wall” machine, which cuts wall from a set base without unload­
ing, was introduced. The introduction of this machine reduced
greatly the amount of work required of cutters, and the operators re­
quested a readjustment in the cutting rate. The local people and also
the labor commissioner for the operators and the subdistrict presidents
of the union were unable to reach an adjustment, and the matter was
referred to the joint board of the district. On August 27, 1920, the
joint board met and ordered the commissioners “ to investigate rates
of pay and conditions of employment relative to the new mining ma­
chine known as the ‘ arc wall.’ ” The commissioners met November
20,1920, and accepted the 1920 award of the United States Bituminous
Coal Commission regarding the introduction of labor-saving devices
“ as a base for guidance.” It was then agreed that careful time studies
should be made at a number of representative mines to determine
‘ ‘ the working time and tonnage of the old-type and new-type machine.”
The joint investigation of the operators and miners showed that the
arc-wall type of machine cut an average of 45.1 tons per hour, as com­
pared with an average of 23.1 tons per hour cut by the old type of
machine. Table 5 shows the results of the tests in detail.




T able 5 .— RESULTS OF TESTS ON PERFO R M A N C E OF ARC-W ALL TYPE OF M IN ING M ACH INE AS C O M PA R E D W IT H CHAIN-BREAST AND SHORT-

W ALL M ACHINES, M A D E A N D APPROVED THROUGH JOINT CO M M ITTE E OF OPERATORS A N D

M INERS, N O V EM BER, 1920.

OS

fcO

ARC-WALL TYPE OF MINING MACHINES.

Time
mov­
ing.

M in .

Dis­
tance
Dis­
tance moved
moved. per
minute.

F eet.

Mine No. 1: Jeffrey arc wall___

114

10,340

Mine No. 2: Jeffrey arc wall___
Mine No. 3: Morgan Gardner, }
T . C.
Mine No. 4: Goodman arc wall.

13S
58
103

20,100
4,028
14,675

Mine No. 5: Goodman arc-wall ]•
type.

220
633

Total or weighted average

F ee t .
90.7

Time
getting
ready
to cut.

Time
cut­
ting.

Time
getting
ready
to
move.

M in .

M in .

M in .

Tons
cut.

Dis­
tance
moved
per ton
cut.

Other working time.

M in .

F eet.

54

258

36.5

493.1

21

145
70
142

43
56
289

232
214
287

29
28
59

625
211.7
330.9

32
19
44.3

13,445

61

81

212

71

447.5

30

62,588

98.9

523

1,203

223.5 2,108. 2

29.7

Total work­
ing time.

Time eliminated.

M in .

Tons
per
hour.

M in . H t s .
> 491. 5= 8.2

60.1

521.0= 8.7
} 356.0= 5.9
738.0=12.3

71.8
35.9
26.9

f 178: Drilling.............. .
29: Setting b its............... { 21.5: O fftrack.......... ......
|
6 : Breakdown_______
60: Wrecks...............
79: Oiling and setting bits
/
59: Setting bits______
\ .9: Sulphur__________
—: Oiling and setting
60: Blocked; wrecks;
bits in getting ready
wait.
to cut.
f 20: Lunch__________
110: Oiling and setting bits < 14: Off track and
[
blocked.

)

j- 694.0=11.6

38.6

218

2,800.5=46.7

45.1

26: Setting hits ___
288.0= 4.8
33: Drilling__________
/
5: Off track____ _____
119 Goodman
3 1 :____do..........................
1 53: Drilling__________ }■ 395.0= 6. 6
j 11: Off track an d
break down.
■606.0=10.1
7 1 :....... d o ......................... <
1 137: Drilling__________
14: Wreck............... ...... 475.0= 7.9
76: Oiling and setting
bits.
/
7: Setting bits_______
v
3: Turning cross cut. .. } 341.0= 5. 7

21.5
24.7

427.5

]

CHAIN-BREAST AND SHORT-WALL MACHINES.
Mine No. 1:
19A Jeffrey. . . . __________

Short wall_ __

_________

*
31
31

2,470
2,425

80
78

61
118

129
152

41
63

84

6,970

83

133

207

111

103.2
163

24

254

27

Mine No. 2: Sullivan short wall.

73

7,310

100

42

246

38

278.5

26.2

Mine No. 3: Morgan Gardner, }
C .B .
Mine No. 4:
Goodman short wall______

54

3, 281

60

37

203

47

184.4

17.8

85

5,394

63.5

251

264

100

163.8

33

Morgan Gardner, C . B
Mine No. 5: Morgan Gardner, }
C. B.

70

5,235

74.8

148

257

57

155.7

—: Oiling and s e t t in g
bits in getting ready
to cut.
33.6 ________ d o .............

134

7,450

56

78

249

85

219.2

34

562

40, 535

868

1,707

542

1, 521. 8

Total or weighted average.




72.1

26.6

63: Setting bits........ .........
267

213: Blocked;
wait.
(

[

wrecks;

700.0=11.7

322:____ do....................
532.0= 8.9
50: Lunch____________ }
336: Blocked; wrecks; f 609.0=10.1
wait.

1,184

3,946.0=65. 8

25.1
35.2
32.3
14
17.5
21.7
23.1

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD,

Mine and type of machine.

14.8

THE UNIONIZED PART OF THE FIELD.

38

The joint board met on January 3, 4, and 5 to act on the report.
It failed, however, to reach an agreement as to the new cutting rate.
The miners’ representatives contended that the loader’s earning
iower was reduced by reason of the introduction of this new type of
machine, and that until adjustment of the same was made they
rould not consent to any cnanges in the cutting rate. The oper­
ators’ representatives disagreed and contended that if there was any
Increase in the loader’s earning power it was a matter of local adjustcient and not one to be determined by the joint board. Before adournment, the representatives of the miners stated that they were
willing at any time to appoint a committee to act with a committee
of the operators to investigate the question of whether or not the
loading conditions were a matter for local adjustment or for the
consideration of the joint board.
The joint board met again on March 25, 1921, and after arguments
lasting two days the differences of opinion between the parties sim­
mered down to the interpretation of the award of the United States
Bituminous Coal Commission regarding the introduction of new
machinery. The representatives of the miners contended that the
labor saving should be divided among the mine workers, that is, the
loaders and cutters. The operators contended that while the cut­
ters were entitled to some part of the saving the loaders were not.
Another meeting of the joint board took place April 4, but without
result. A motion was then made by the union to refer the interpre­
tation of the clause to the Bituminous Coal Commission, but to this
the operators would not agree. The operators then proposed to
refer the matter to an umpire for final decision, to which the union
agreed.
Because of inability among the parties to agree on the person of
the arbitrator, however, the controversy dragged on until the spring
of 1923, when it w r s settled by mutual consent. The new cutting
rate'was incorporated in the scale agreement for 1923.
PRESENT DIFFICULTIES.
OBJECTIONS OF THE OPERATORS.

The operators point to the following as serious defects in the
workings of their present agreement with the union:
1. The lack of effective control on the part of international and
district officers of the United Mine Workers of America over local
situations.
2. The rank and file of the union, including most of the mine
committees, have not been instructed properly as to their duties and
obligations under the scale agreement. Numerous stoppages and
all-around violations of the agreement occur dailv throughout the
field.
3. Interference of committeemen with operation of mines.
4. The check-off, with particular reference to fines and special
assessments, is, in the opinion of the operators, obnoxious. Fines
are imposed by locals indiscriminately, very often on men who do
their duty to the company or show some cooperative spirit. Special
assessments are frequently levied for strike funds. While they can




34

LABOR RELATIONS IN THE WEST1 VIRGINIA COAL FIELD.

not object to the union collecting strike funds, the operators “ are
unwilling to be forced to lick themselves.” 4
5. Although the scale agreement vests the right of discharge in
the employer, this provision of the agreement is “ practically a dead,
letter.” It is impossible to get rid o f loafers and undesirables. The
union officials refuse to sustain discharges for idling, on the theory
that “ the scale agreement does not say just how hard a man has to
work.” Operators are unable to get rid of miners who, in off hours,
run gambling houses, make moonshine, or otherwise behave them­
selves improperly, because “ the scale agreement prescribes no special
kind of conduct outside of working hours.” This, it is said, is par­
ticularly hard on the operators, because they are responsible for
maintaining the “ tone” of the mining towns in many instances.
6. Operators complain of the decreased efficiency in their day
labor since unionization. Pieceworkers come and go as they please,
and the union will permit no system of checking the men in and out. *
In many instances there are, it is said, deliberately organized at­
tempts to restrict output.
7. The present scale of wages is “ out of all reason” and “ incom­
patible with the production of coal at reasonable prices.”
8. All operators, without exception, complain of the attempt of
the international union in 1922 to force a national agreement, which
attempt resulted in the calling of strikes in districts which had no
difficulties with the union. Both in the strike of 1919 and that of
1922, the Fairmont district was willing to make a collective agreement
with the United Mine Workers of America.
9. Each of the operators lays great stress upon the necessity of
each district handling its own wage matters. For this, the following
reason is given: Because of changes in market conditions, quality
of product, or production costs, the region, as a whole, may be unable
to compete with other fields, and wage rate differentials may
become necessary to protect the workmen, the property investment
of the operator, and the interest of the community. The same reason
may be said to apply to separate parts of regions or districts.
The complaint of the operators regarding lack of effective control
of the international officers over local situations may be said to be
justified to a great extent, as numerous cases indicating the lack of
union control may be cited. Local stoppages take place almost
daily. In investigating, one is surprised to find how little contact
there is between the local unions of miners and their district and
national officers. This fact is due, in the first place, to the existence
of the check-off for the collection of dues, fines, and assessments,
which makes it unnecessary for the international and district officers
to make any special efforts to “ sell” their organization to the men.
Not only are the local men unfamiliar with union business in
general, but most of the committeemen are unfamiliar with the pro­
visions of the scale agreement. Numerous such cases in individual
mines were cited. Apparently no international or district officer ever
makes a serious effort to educate the men to their duties under
the scale agreement.
There is apparently some ground for the operators7 complaint that
production has been restricted since unionization of the field. It
* The following amounts were collected through check-off in the district: 1920, $971,168; 1921, $789,708;
September to December, 1922, $384,700.




TH E UN IO N IZED PART OF TH E FIELD.

35

is obvious that a worker protected by the scale agreement will not
work as hard as one who is fearful of discharge. Some local unions of
miners are known to have passed resolutions limiting the daily output
of pieceworkers to a certain number of cars. Miners who are loading
an unusual number of cars per day are frequently cautioned by their
committeeman not to do so. This action may be due not to a con­
scious effort to restrict production, but rather to the desire on the
part of the committeeman to see that earnings of miners are approxi­
mately equal.
The many obstacles interposed by'the workers to the introduction
of labor-saving machinery result indirectly in restriction of output.
The United Mine Workers of America is on record as favoring the
introduction of labor-saving machinery. Actually, however, when a
labor-saving machine is to be introduced there are violent objections
on the part of the men. These objections express themselves very
often in a demand for rates which, if paid, would eliminate all saving
brought about by the new machine, thus causing a distinct loss to the
extent of the additional investment. The Arc-Wall case (see p. 31)
is typical of the situation. Tests made in the settlement of this con­
troversy showed that there was an actual saving in the total labor
cost of 50 per cent.
COMPLAINTS OF MEN.

On the whole, the miners and their representatives have less
objection to register than the operators. The principal complaint of
the men is against unemployment. Many o f the commercial coal
mines have not worked a full week for months. The majority of the
mines, except those working on the assigned car system, have been
operating an average of less than three days weekly since the fall of
1922. A number of chairmen of bank committees and some in­
dividual miners complain of the general unreasonableness of the
management, particularly superintendents and foremen, and of “ bad
treatment all around,” but none of these complaints appeared to be
specific enough to make further inquiry possible.
One can readily comprehend the objections of the men to the
present amount of employment in the Fairmont field. Except for
the miners working on assigned cars the amount of work is pitifully
small, being less than three days per week and frequently only a day.
or two. Generally speaking, this unemployment may be assigned to
(a) shortage of railroad cars and (b) an oversupply of labor.
Every mine visited, without exception, had more orders on hand
than cars. The railroad car shortage, in its turn, is attributed to two
causes, the general strike of 1922 and overextension of the industry,
evidenced by the great increase during the war in the number of
small mines.
Table 6 shows this great increase in the number of small mines,
due largely, one may assume, to the demand for coal occasioned by
the great war. While the number of mines increased from 200 in
1914 to 563 in 1922, the average number of employees per mine was
reduced from 83 to 51, and the average annual tonnage per employee
per year from 1,095 to 519.




36

LABOR RELATIONS IN T H E W EST V IR G IN IA COAL FIELD,

6 .—T O T A L A N N U A L PR O D U C TIO N , T O T A L N U M B E R OF M INES AN
M INERS, AV E R AG E N U M BE R OF EM PLOYEES PE R M INE, A V E R AG E AN
N UAL TONS PE R M IN E, A N D A V E R AG E N U M B E R OF TONS PE R Y E A R PER
EM PLO YE E, IN TH E F A IR M O N T COAL F IE LD , 1914 TO 1922.

T able

Number of Number Number
of em­
tons (net)
produced. of mines. ployees.

Year.

1914____________ _____________________
1915________ ___________ __________
1916__________________________ ____ _
1917__________ _____ _________________
1918...................... ......................................
1919__________ ____________ ________ _
1920___ ____ _____ ____________________
1921___________________________ _____
1922....______________________ _______

17,967,090
16, 658,230
18,386,881
17,478,451
18,654,031
18, 712,253
22, 758,050
14,385, 500
14, 904,500

200
188
213
289
384
415
438
540
563

16,559
18,249
14,633
17,543
19,968
21,144
22,790
29,176
28,530

Average
number
of em­
ployees
per
mine.

Aveiage
tons per
mine.

83
97
68
61
52
51
52
54
51

89,835
88,608
86,323
60,479
48,580
45,090
51,959
26,640
26,473

Average
tons per
em­
ployee.

1,095
913
1,2)9
991
934
884
999
493
519

The oversupply of labor is due to two reasons: (1) The overexten­
sion of the industry— that is, the opening of new mines— and (2) the
great drift of the men of the surrounding community to the mines
since the award of the Bituminous Coal Commission of 1920. This
commission fixed the rate for common labor in the Fairmont district
between $6.74 and $7.26 for eight hours’ work. There are no other
institutions in the district, industrial or otherwise, paying this rate of
wages for common labor.
LOCAL STOPPAGES.

The records in the operators’ labor commissioner’s office show 41
local mine strikes since 1919. The record is manifestly incomplete,
as all evidence points to the fact that there are few mines which have
been free from stoppages. The chronological list of strikes given in
Table 7 is intended merely as illustrative of the general character of
local stoppages in the district.
T able 7 .— DATE, DURATION, CAUSE, AN D S E TTLE M E N T OF LOCAL M INE STRIKES

IN THE FAIRM ON T COAL FIELD, OCTOBER 28, 1918, TO APRIL 30, 1923.

Date.

Oct. 28, 1918__________
Dec. 1,1918...............
Do............................
Feb. 10,1919__________
May 19, 1919................
Dec. 1,1919............ ........
Jan. 2, 1920____ _______
Jan. 3, 1920................... .

Dura­
tion
(days).

1
8

Change in starting time demanded by
miners.
Union recognition................................. .

2

Discharge of man demanded by local
union.

5 Increase demanded for cutting of coal.. .

2
8
2
5

Mar. 4,1920................ .

2

May 5,1920___ _______
May 15, 1920............. .
May 21, 1920........ ..........

4

May 24, 1920..................
June 1, 1920....................
D o............................




Cause.

1
6
2
2
2

Discharge of assistant foreman demanded
by miners.
Claim for extra pay..................................
Discharge of man.....................................
Employment of boss driver objected to
by men.
Extra pay for taking stock to and from
mine demanded by men.
Discharge of miner demanded by miners..

Settlement.

In favor of company.
In favor of men by accept­
ance of subdistrict agree­
ment.
In favor of company.
Do.

Lay-off of one-armed engineer................. Company gave crippled man
other job
Controversy over laying room tracks___ Adjusted.
Discharge of committeeman

In favor of company.

T H E U N IO N IZE D PART OF T H E FIELD .

37

T a b l e 7 .— D A TE ,

D U R A T IO N , CAUSE, A N D S E T T L E M E N T OF LO C A L M IN E STRIK ES
IN T H E F A IR M O N T COAL F IE L D , OCTO BER 28, 1918, TO A P R IL 30, 1923—Concluded.

Date.

Dura­
tion
(days).

June 2,1920—
June 4,1920...
July 2 , 1 9 2 0 Sept. 21,1920.
Nov. 11,1920.
Nov. 19, 1920.

2

Mar. 29,1921.
Apr. 22, 1921..

2

M ay 18,1921..

13

June 1,1921...
July 6,1921...
Jan. 20,1922..
Jan. 22, 1922..

7
2
1
3

Jan. 27, 1922..
Aug. 21,1922.
D o.......... .
Aug. 23, 1922.

15

Sept. 5 , 1922Sept. 19,1922.
Dec. 11, 1922..

Settlement.

Grievance over water supply in homes.._

1

1

1
2
1

1

1
2
1
2
1
3

Feb. 14, 1923..
Apr. 3, 1923...

3

Apr.
Apr.
Apr.
Apr.

4

13, 1923..
19,1923..
20,1923..
30,1923..

Cause.

2
2
10
3

Order to loaders to put their checks on car..
Discharge of 4 men for loading dirty
coal objected to by men.

Discharged man reinstated.

............................................

Discharge of 2 “ undesirable” union
men demanded by miners.
Demand of miners that construction In favor of company.
work be done by union men.
Extra pay for loading bottom...................
Do.
Pay for dead work......................................
Do.
Distribution of w ork ............................... .
........ do............................................................. Special adjustment agreed
upon.
Objection to conveyor for moving coal...
Men objected to laying tracks.................. In favor of company.
Do.
Foreman’s instructions objected to by
tipple man.
Discharge of men........................................
Do.
Weighing of mine cars................................
Discharge of men refusing to pay fine de­
manded by men.
Extra compensation for w ork..................
Claim by miners that company refused
Do.
to sign district union agreement.
Extra compensation for dead work.........
....... do.............................................................
Do.
Wet-place rate demanded by men...........
Discharge of superintendent demanded
Do.
by men.

The record given below of stoppages in the mines of one coal
company is presented because it is typical. The company operates
six mines in this district and is known for its liberality and up-todate management.
On October 28, 1918, there was a strike at Mine No. 1 of this
company over the time of starting the mine, the men wanting the time
changed. This strike was in violation of the scale contract and the
men returned to work on October 29.
A strike at the company’s Mine No. 2 occurred on December 1 ,
1918, because the local union asked the company to discharge a
man and the request was refused. The strike lasted two days.
The case was subsequently decided against the miners.
On February 10 , 1919, machine men tied up one section of Mine
No. 3, asking for additional pay for cutting coal. The section was
shut down Horn February 10 to February 15, affecting 25 men.
The strike was in violation of the agreement, and it was so decided.
In May, 1919, a two-day strike took place at the same mine, af­
fecting 125 men. The men insisted upon the discharge of a foreman.
The strike was declared to be in violation of the agreement.
In April, 1920, there occurred a two-day strike at the same mine,
involving 120 men. The drivers demanaed extra time for taking
stock to and from the mine. The case was decided against the
miners.
On M ay 18, 1921, the men at Mine No. 4 struck because of em­
ployment of nonunion men on construction work which the miners
claimed should be done by union labor. The strike lasted from M ay




38

LABOR RELATIONS IN T H E W E S T V IRG IN IA COAL ElELO .

18 to 31. The strike was in violation-of the agreement, and it was
so decided.
Mine No. 3 was closed June 1 to 6, 1921, by a strike, as the loaders
demanded extra pay for taking up bottom. The case was decided
in favor of the company.
In September, 1922, there was another strike at this mine, the men
demandmg that mine cars be weighed, without having given the
company sufficient notice to make arrangements for weighing cars.
The strike was in violation of the agreement, and it was so decided.
On April 3, 1923, the entire working force of this mine refused to
go to work, the men stating as their reason that they did not know
whether the coal company was a party to the agreement made by the
operators’ association and the United Mine Workers of America.
As a matter of fact, the company had signed the agreement.
The frequency of local stoppages indicates, first, a lack of effective
control on the part of the district and subdistrict officers, and second,
that the penalty of $1 per day provided for in the agreement is
inadequate as a deterrent force. One of the probable reasons for the
ineffectiveness of the dollar fine is that money thus collected is, ac­
cording to the agreement, to be used to relieve cases of distress in
accidents to miners. *So long as the fines are used for such humane
purposes, the miners who are fined do not resent the penalty.
DISCHARGES.

The contention of the operators that the discharge clause of the
agreement has become a dead letter is not altogether supported by
the facts. An analysis of all the discharge cases handled by the
operators’ labor commissioner and subdistrict presidents shows that
discharges do take place whenever the infraction on the part of the
worker is specifically prohibited by the scale agreement. It is true,
however, that it is difficult to make discharges because the employer
is obliged to show cause, beyond doubt, of violation of the scale
agreement.
A large number of cases of discharge are summarized below,
classified as to whether or not they were sustained.
DISCHARGES SUSTAINED.

Nine men were discharged for loading dirty coal. The men con­
tended that the tipple was so arranged that it was impossible to
determine definitely whose mine car contained the dirt. Upon
investigation it was found that there was no such difficulty and that
there was little chance of error. The discharge was sustained.
Two coal loaders, members of the mine committee, were discharged
for interference in the management of the mine. The discharged
employees admitted that they had notified men who were performing
emergency work permissible under the contract, such as running the
motor or driving when the regular employees were absent, that unless
they kept off such work they would be assessed $10. The discharge
was sustained on basis of section 22 of the scale agreement.
A tracklayer’s helper was asked by the mine foreman to take a horse
and drag a pair of iron rails to a place where they were needed. The
employee refused to perform this labor, claiming that “ he was afraid




TH E U N IO N IZED PART OF TH E FIELD.

39

he would be fined by the local union. ” Section 13 of the scale con­
tract provides that daymen must perform any class of work at the
direction of the mine foreman, provided the scale rate is paid and
the individual is not asked to take a reduced rate of wages. The
discharge was therefore sustained.
Two cutters operating a short-wall machine had been cutting
entries and crosscuts too wide, endangering the roof and the lives
of those who loaded the coal. The general superintendent and the
cutters had some time previous agreed that, upon the payment of the
“ narrow work price ” for all coal, they would cut the width as directed
by the foreman. The company claimed that this agreement was not
complied with by the cutters, that they persisted in cutting from 2\
to 4 feet wider than the width directed by the company. For this
the cutters were discharged. Joint investigation snowed that the
company had marked the width to be cut, but the cutters did not
follow the marks, and it was decided that the company acted within
its rights under the agreement in discharging these two cutters.
A man was discharged for absenting himself for two days in succes­
sion without notifying his foreman and for general irregular work.
The case was appealed to the joint board, which decided against
the man.
Two brothers were working together at loading, but were alter­
nately checking the cars of coal. For three successive times one man
loaded dirty coal and was discharged. Every effort was made by
the union officials to protect this man, they claiming that it was
impossible to determine “ which of the two brothers threw in the
refuse” and that “ bad air and smoke prevented their seeing.” The
case was carried to the joint board, which decided in favor of the
company.
Two motormen were discharged for refusing to take their motor
into the mine on an idle day, for shifting empties and loading slate
cars for the slatemen, unless the company would furnish “ snappers”
or brakemen in addition to the motormen. The motormen claimed
that it was dangerous to do this work without the helpers. The
evidence showed that there was no unusual danger and that helpers
had not previously been used in such cases. The discharge was
sustained.
Nine men were discharged for loading dirty coal. The miners
contended that it was difficult to determine in whose car the dirt was,
on account of the method of dumping. The contract provides for
clean coal, and the market conditions make it necessary that this
provision be complied with and that all#dirt be left in the mines. It
was decided that the company was within its scale rights in dis­
charging the men in question.
Four miners were discharged for going into the mines, shooting out
a manhole on the main haulway, confiscating 10 empty cars that had
been left at a specific place in the mines to be used in loading bone
and slate, taking 6 other cars from another place in the mine and
moving the same to their working place, and loading the 16 cars
with coal. All this was done in spite of the warning of the foreman
“ not to go into the mines, as there was no work.” The evidence
supported the contentions of the company. The shooting out of the
manhole was detrimental to the mines and in violation of the fourth
clause of section 1 of the contract. The mine committee, which




40

LABOR RELATIONS IN T H E WEST VIRG IN IA COAL FIELD.

made an inspection of the place, stated “ that the parties responsible
should each be penalized to the extent of not being paid for the coal
they had loaded.” The discharge was sustained, but the men were
paid for the coal.
A miner was discharged for violating orders of the mine foreman;
The foreman ordered the turn stopped, but the man refused to permit
his turn to be stopped and by force took a car from the entry and
loaded it. The discharge was sustained but reinstatement was
recommended, as it was a first offense.
A miner was discharged for a violation of the scale contract in
interfering with the lamp man. The evidence brought out the fact
that the miner refused to permit the mine committee to handle his
case, in accordance with the provisions of the scale contract. The
discharge was declared to be justified.
A pump man was discharged for failing to carry out orders of the
mine foreman. The evidence was to the effect that because of an
extra amount of water and poor power service a boy was placed in
the mine to report if anything went wrong. The power was such that
the pumps could not successfully handle the water, but the pump man
failed to report this condition. Because of this violation of orders and
other evidence indicating general negligence, the discharge was
sustained.
The company changed the lamp house so that one man could
attend to both lamp house and compressor. Following instructions
from the union, both men claimed the job, and each refused to
follow the company’s orders and tend lamps. Both were discharged.
The company’s right under the scale contract to discharge for this
offense was recognized, as the men should have complied with the
company’s orders and brought whatever grievances they had to the
courts of the two organizations. The men, however, were subse­
quently reemployed upon promising to perform their labor and in the
future to comply with the scale contract in taking up grievances.
A miner was cutting coal on a certain territory when an additional
place was added. The cutter refused to continue cutting this place
on account of his inability to make the same wages as on the other
work. When ordered to do the work he abused and physically as­
saulted the foreman. The discharge was sustained.
A machine cutter refused to cut a place because of a disagreement
between himself and the mine foreman over the payment for dead
work. The man also claimed that the place was dangerous on
account of a bad roof. The cutter, however, said he would cut the
place if the mine foreman paid him the price. Under these circum­
stances his refusal to cut the place was due to failure to agree on
the price and not because the place was dangerous. The discharge
was sustained.
Six men were discharged for loading dirty coal. The scale agree­
ment provides for loading clean coal. Upon investigation it was
found that the company had exercised its scale rights in dismissing
these men for violating section 18 of the contract by loading dirty
coal. The discharge was therefore sustained.
A miner was discharged for refusing to work in his regular working
place. He was mining coal on the night shift and desired to be
changed to the day shift, and because he could not secure this change
he did not report tor work for a period of more than two days. Sec-




T H E U N IO N IZED PART OF T H E FIELD.

41

cion 37 of the scale provides that when an employee absents himself
for two days without notification or without obtaining permission,
he is subject to discharge. The discharge was sustained by the
joint committee.
A man was suspended for not keeping the motor well greased and
the bolts tightened. He claimed that he did not have sufficient tools
to keep the motor in repair. Joint investigation showed the man’s
contention to be incorrect, and it was decided to transfer him to
another job.
A machineman, whose territory was worked out, was offered other
employment until a new section could be provided for him. The
company gave him daywork, at which he worked one day. The
following day the company asked him to cut coal in place of the
regular cutter, who was off. The man refused to cut coal, claiming
he hadibeen employed as a dayman. The man was discharged, ana
the action of the company was sustained.
A pumper was discharged for not attending properly to his duties.
The company proved its case by the testimony of a coal loader who
stated that the pumper had not done his duty and of a machineman
who was told by the pumper not to start the pump. The discharge
was sustained.
A member of the bank committee violated the duties of a mine
committeeman by ordering a man off the cage in the morning, and
by notifying the night shift what hours it should work, which meant
a seven-hour day. The discharge was sustained.
The local union at a mine claimed that a cutter had been laid off
and a new man hired in his place. An investigation showed that
the cutter refused to continue work until his grievance against the
company could be adjusted by the courts of the two organizations,
thereby giving up all claims to his work. The discharge was sustained.
Two men were discharged for not properly performing their work.
The evidence showed the company’s contentions were correct in the
case of one man and incorrect in the case of the other. The discharge
of the first man was sustained, but the second man was reinstated.
A member of the mine committee entered the blacksmith shop and
attempted to interfere with the work of the blacksmith in the repair­
ing of a machine. When the superintendent requested him to
desist in his interference, he struck the superintendent with an iron
bar. For this he was discharged. The mine committee could not
see the justice of the discharge, but the labor commissioner for the
operators and a representative of the international union sustained it.
A mine committeeman was discharged for interfering with the man­
agement of the mine. The committeeman ordered a motorman to
discontinue overtime work. It is obvious that the committee­
man’s actions made him subject to discharge. In view, however,
of some conditions surrounding the case which led to a misunder­
standing, the company agreed to waive the right to discharge and
to continue him in its employment.
DISCHARGES NOT SUSTAINED.

On account of an accident at the mine, it was necessary for two
drivers to work more than eight hours, or after the regular quitting
time. This was considered emergency work permissible under the
agreement. The two drivers who were called upon to perform this




42

LABOR RELATIONS IN TH E W E ST VIRG IN IA COAL FIELD.

emergency work refused to do so. One quit and the other was dis­
charged. The scale contract provides “ that emergency work shall
be permitted by the local union when workmen are willing to perform
such labor,” but it does not compel workmen to work more than eight
hours or beyond the regular quitting time. While emergency work
necessary to keep the mine in full operation should be performed, the
decision in the case had to be confined to the agreement as written,
and it was therefore decided that the company should reinstate the
driver in his former position and compensate him for time lost.
It had been the practice at a mine to load and haul coal and place
empties on Sunday in order to supply the company pumping sta­
tion with coal to keep it going 24 hours each day and, after the coal
was dumped, for the driver to return the empties to the several
working places so tliat there would be no delay in getting started
promptly on Monday morning. Objection was made b^P some
of the men to Sunday work. They claimed that it was not “ emer­
gency work” necessary in order to supply the pumping station
with coal to run over Sunday. The men contended that this Sunday
work could be eliminated if the company would increase its hauling
equipment. It appeared from the evidence that the mine committee,
on instructions from the local union, went to the superintendent
and told him “ that no empties would be placed on Sunday.” For
this the mine committee was discharged. The discharge was not
justified, as none of the men had been told by the mine committee
not to place the empties. When one of the drivers asked the super­
intendent “ what to do about it,” the superintendent told him not
to place the empties. Had the committee told this driver not to
perform the work, the company would have exercised its contract
rights in discharging the committee. The discharged men were
reinstated in their former positions with back pay.
A loader was discharged for using abusive language toward a
foreman and for interference with management. An investigation
of the case failed to substantiate the company’s claim that the
man had interfered with the management. While the man might
have used some abusive language, this “ does not constitute a dis­
chargeable offense under the agreement.” The man was therefore
reinstated, with pay for time lost.
A member of the mine committee was discharged for interference
with the operation of the mine. The evidence in the case did not
support the contention of the company, and the man was reinstated
with back pay.
A loader was discharged for failing to clean up his work place
properly for the machinemen. The evidence was contradictory.
The benefit of the doubt was given the man, who was reinstated
without back pay.
The company discharged a coal loader for the alleged offense of
“ threatening to do bodily harm to the mine foreman.” Since the
scale contract provides no remedy for such offense, the company
was not sustained in this case. The loader was reinstated, with back
pay for time lost.
Five men were discharged for refusing to work overtime. The
company desired all coal on the tipple to be dumped off after work­
ing hours. The tipple men dumped coal enough to fill the car under
the tipple and went home. Section 5 of the scale contract provides




T H E U N IO N IZED PART OE TH E FIELD.

43

Hhat “ emergency work shall be permitted/’ This, however, does not
give the company the right to compel men to work overtime against
their wishes, nor does it give the union the right to interfere in any
manner with those who are willing to work overtime, except as
provided in section 5 of the scale contract. It was therefore decided
that the company was in error in discharging these men and that
they should be reinstated and compensated for the time lost.
Two machinemen and a cutter and his helper were discharged for
failing to cut coal. The cutter acknowledged his guilt and accepted
his discharge. The helper, however, took the position that being a
helper and under instructions of the foreman not to cut on the mark
so long as the cutter remained on the machine, he was not responsible
for the failure to cut the coal properly, and that the penalty of dis­
charge should not apply to him. The evidence in the case sustained
the claim of the helper, and it was decided that he be reinstated with
compensation for time lost.
A machine scraper was discharged for failing to shovel the “ bugdust” from the coal in a workmanlike manner. It was claimed by
the company, and supported by evidence of loaders, that he did not
do his work properly. It was claimed by the mine committee, and
supported by evidence of loaders, that he had done his work as well
as other scrapers. The evidence being contradictory, it was decided
that “ in the interest of justice, the scraper shall be reinstated to his
former position and that, in the event the company believes he is not
performing his work in a satisfactory manner, the mine boss shall
preserve the evidence of such work tmtil the committee has seen the
same.”
A misunderstanding arose between the local union and the mine
management over the interpretation of an agreement relative to the
duty of machinemen to take in horses to move their machines on days
when the mine was not in operation. As a result of this misunder­
standing, three cutters were discharged. The scale contract provides
that machinemen keep their cutting up, that only such territory be
given a machine crew as can be cut in eight hours, and if there is a
breakdown or other condition which is the fault of neither the com­
pany nor the machinemen and which prevents the cutting of the coal
in eight hours, that it is the duty of the machinemen to take a horse
and work the overtime necessary to cut their territory, but if, through
fault of the company, the machinemen are prevented from cutting
their coal on their regular shift and they are compelled to go in when
the mine is idle to cut their coal, it is the duty of the company either
to send a driver to move the machine or to pay the machinemen for
such labor. It was decided that in view of the circumstances and the
misunderstanding in the matter, the discharged men should be rein­
stated, and that in the future, when questions of wages or working
conditions are in dispute, the orders of the mine foreman shall be
obeyed and the employee appeal his case to the courts of the joint
organizations.
A pick miner was discharged for interfering with the men going to
work, using abusive language, and inciting them not to go to work
when railroad cars were late in placement. The matter was gone into
very carefully by the joint committee. From the information gained
there had not been anyone “ stopped” from work, neither had the
operation of the mine been retarded; and as there is no specific scale




44

LABOR RELATIONS IN T H E W EST V IRG IN IA COAL FIELD.

provision which penalizes a man for “ mouthing” and using language
unbecoming ana unnecessary toward a fellow-workman, unless the
same would cause the mine or a part of the mine to shut down, the
man was found “ not subject to discharge.” He was reinstated in his
former employment with compensation for time lost. The following
admonition accompanied the decision:
W e do wish to emphasize the fact, however, that there is a “ spirit” feature
connected with the contract, as well as its specific wording or written terms, and
such epithets as have been used at fellow workman b y ------- is not in keeping with
the spirit o f the contract and can find no lodgm ent in the breast o f honorable
men who work together under the same charter, w ho have assumed the same
obligation, and we condem n it, with the advice that it be eliminated.

A committeeman was discharged for exceeding his authority
and interfering with the operation of the mine. The man noti­
fied a blacksmith who had been attending to some machinery to
cease work. Section 22 of the scale agreement sets forth clearly the
duties of the mine committee. The commissioners decided that the
committeeman had violated section 22 of the scale agreement and
sustained the discharge. In view of the fact, however, that the
committeeman was acting under instructions of the local union and
believed that he was doing his duty, and in the belief that it was
more of a misunderstanding of scale rights than a willful desire to
violate the contract, and that a better cooperation and compliance
with the scale contract in the future might be hoped for it was recom­
mended that the company reinstate him in his former position,
without compensation for time lost.
A coal loader and committeeman was discharged “ for going
through the mine in violation of scale contract.” The evidence in
the case was to the effect that the man, after attending to some union
business, had been asked to return to his work place. The man
refused to return, claiming that he would not have time to clean his
place up. This was five days after he had gone through the mine in
violation of the contract, for which offense the boss claimed that he
had discharged him. The joint committee decided that the fact that
the company permitted him to work for five days after going through
the mine was evidence that he was not fired for that offense. He
was therefore reinstated, with back pay.
A miner was asked by the mine boss to quit loading coal and go to
driving, the mine boss agreeing to pay him for two hours extra each
day. At a later date the mine boss asked the man to take pay for
one hour less. This he refused to do and absented himself from work
the following morning. On Monday night he made an attempt to
see the boss to get permission to stay away on Tuesday. He saw him
on Tuesday morning, but was then discharged. The evidence was
clear that the real trouble was that the man would not take a reduc­
tion in his pay. He was reinstated with back pay.
A man was discharged for loading impurities in the coal. The
miner justified his action by saying “ he was not paid to throw them
out.” The man was put back to work after a lay-off of one week.
RENEWAL OF 1923 AGREEMENT.

The labor agreement between the Northern West Virginia Coal
Operators’ Association and District No. 17, United Mine Workers
oi America, the principal factor in determining the extent of indus­




THE UNIONIZED PART OF THE FIELD.

45

trial peace in the Fairmont field, expired on March 31, 1924. On
April 1 , 1924, it was renewed, with some minor changes, for a term
o f three years. This means that the labor relations in the Fairmont
coal field are stabilized for the next three years at least.
The new agreement preserves, with one minor modification, all
the scales and rates of wages of the agreement of 1923. It makes
no appreciable change in the agencies of grievance adjustment.
The following are the more significant changes incorporated in the
new agreement:
1 . Seduction in the width for which a higher rate is paid for nar­
row work (section 1). This is the only rate change of any significance
and works in favor of the operator or employer. The agreement
also specifies (section 2 ) that the miner is to accept* the empty mine
car at the closest switch, placing the same at his own working f ace.
It is also the miner’s duty to recover turn rails and ties in pillar
work.
2 . Closed mines do not come under the jurisdiction of the United
Mine Workers of America until they are ready to produce coal
(section 6 ).
3 . The starting time of the mine, if under dispute, is to come under
the grievance clause of the agreement (section 7). Under the pre­
ceding agreement, if no mutually satisfactory starting time could
be agreed upon deadlock resulted.
4. Fine assessments by the union against individual miners are
not collectible through the check-off (section 9). This means that
the scope of the check-off has been narrowed down by the new agree­
ment, as under the old agreement the operator was obligated to
check off fines as well as dues and special assessments.
5. The new agreement gives the operator the right to transfer
men from the dead work to mining (piecework) without any inter­
ference bj the miners’ organization (section 13).
6 . A discharged mine committeeman is not to be recognized as a
committeeman until he is reinstated (section 22 ).
7. A three-day limit is placed on discharge cases. This means that
failure of the miners’ organization to protest a discharge within three
days validates the discharge (section 27). Under the former agree­
ment a period of five days was provided for the purpose.
8 . The new agreement includes an interesting declaration by the
union against local strikes (section 28). It is as follows:
The United M ine Workers o f America recognize that the very fundam entals
upon which collective bargaining is founded is the strict observance of wage
agreement b y both parties to this contract. Local strikes can n ot and will not
be tolerated. E very mem ber of the United M ine Workers o f Am erica under
the jurisdiction of this agreement pledges himself to cooperate w ith, and assist,
every officer o f the organization in preventing local strikes. E very officer o f
the organization, subdistrict, district, and international, pledge themselves to do
everything possible to make this declaration effective.

The above-quoted section, regarding the miners’ attitude toward
local strikes is new. If carried out in good faith, it will eliminate an
illegal and useless practice frequently complained of by the operators.
9 . To strengthen the above declaration against strikes, the fine
imposed by the preceding agreement on the miners for local strikes
has been raised from $1 a day to $2 per day per man. This increase
88793°— 241------4




46

LABOR RELATIONS IN T H E W E ST V IRG IN IA COAL FIELD.

in the fine for striking is accompanied by a similar increase in tk
fine to be paid by the operators in cases of lockouts (section 29).
10 .
The section of the agreement providing for the suspension or
discharge of absentees or irregular workers has been modified slightly
in favor of the workers by the insertion of the words “ if possible”
(section 37). This means that failure to notify in case of sickness
can be justified by the employee on the theory that it was not pos­
sible for him to notify the management.
Generally speaking, all of the principal changes made, with one
exception, to wit, that of the insertion of the words “ if possible” in
section 37, are to the advantage of the operators. The amendment
to section 37 may be classed as a concession to the miners.
There are quite a number of textual changes in the agreement.
They do not, however, modify the nature of relationship between
miner and operator and need not be commented upon.
TEXT OF 1924-1927 AGREEM ENT.

The text of the agreement between the Northern West Virginia!.
Coal Operators’ Association and District No. 17, United Mine
Workers of America, signed March 28, 1924, is as follows:
M emorandum o f agreement made and entered into by the membership of the
United Mine Workers o f America and the membership o f the Northern W est
Virginia Coal Operators’ Association, whose interests are represented b y this
conference, affecting labor rates and conditions in the 12J counties o f northern
W est Virginia, comprising the territory covered b y the operators' association.
This agreement is to be effective April 1, 1924, and to continue for a period of
three years or until M arch 31, 1927.
It is a part o f this agreement that the representatives of the United M ine
Workers o f America on this scale com m ittee and the members of the Northern
W est Virginia Coal Operators’ Association on this com m ittee, are duly authorized
to negotiate, conclude, sign, and enforce this joint scale within the organizations
they respectively represent.
This agreement shall constitute the only basic agreement to be entered into
at any tim e during the term of this agreement by any members or officers of the
United M ine Workers o f America and any operator within the follow ing specifi­
cally stated territory covered by the Northern W est Virginia Coal Operators’
Association: M onongalia, Marion, Harrison, Preston, Taylor, Barbour, R an­
dolph, Upshur, Lewis, Gilmer, Braxton, and W ebster counties, and that portion
o f Nicholas County containing coal or coal mines, being operated or capable of
being operated, along the line of the Baltimore & Ohio Railroad Co.
The fulfillment of this agreement is guaranteed b y the international union and
b y the officers o f the district and subdistrict unions, both in letter and in spirit.
Free rent, free powder, free coal, free lights, or any extra com pensation paid
in tim e or m oney, or otherwise, is hereby mutually construed as a bonus and is
condemned.
M in in g rates based on net ton of 2 ,0 0 0 p o u n d s; coal 4 feet and over in thickness.

Pick mining, entries___________________________________________
Room s and pillars_____________________________ ________________
Machine mining w ith machine drilling:
Loading, entries__________________________________________
Loading, room s and pillars_______________________________
Cutting entries— chain m achine__________________________
Cutting rooms and pillars— chain machine_______________
M achine mining w ithout machine drilling:
Loading, entries__________________________________________
Loading, rooms and pillars_______________________________
Cutting entries— chain m achine__________________________
Cutting room s and pillars— chain m achine_______________
Punching-machine rates 5 cents above chain-machine rates.




$0. 936
. 876
.
.
.
.

627
607
179
1623

.
.
.
.

647
627
169
1523

47

TH E UNIONIZED PABT OF THE FIELD.

M in in g rates based on net ton o f 2 ,0 0 0 pounds; coal less than 4 feet in thickness .

Pick mining, room s and pillars__________________________________________ $0. 95
Pick mining, entries_____ _______________________________________________
1. 065
Loading, entries, hand drill_____________________________________________
. 7573
Cutting, entries, hand drill______ _______________________________________
. 1948
Loading, room s, hand drill______________________________________________
.7 0
Cutting, room s, hand drill______________________________________________
. 1583
Loading, entries, machine drill__________________________________________
. 7375
Cutting, entries, machine drill__________________________________________
. 2048
Loading, rooms, machine drill__________________________________________
.6 8
Cutting, room s, m achine drill___________________________________________
. 1683
Punching-machine rates to be 5 cents above chain-machine rates.
Outside day labor rates.
*

_

.

Per hour.

^

.

Per day.

Dum pers________________________________________________________ $0. 8 6 }
All other tipple men, including car cleaners and handlers_____
. 81 f
Picking table b oy s____________________________________________1
.5 9
Greasers________________________________________________________
. 81 f
Blacksmiths, first class_________________________________________
1. 0 1 }
Blacksmiths, second class_______________________________________
. 91}
Blacksmiths* helpers____________________________________________
. 811
Car repairmen__________________________________________________
. 91}
Car repairmen’s helpers_________________________________________
. 87i
Machinists, first class___________________________________________
1. 0 3 }
Machinists, second class________________________________________
. 91}
M achinists’ helpers, inside______________________________________
. 83}
M achinists’ helpers, outside_____________________________________
. 81 f
Electric coal hoist engineers, shaft______________________________ 1. 00
Engineers_______________________________________________________
. 91}
Com bination engineer and fireman_____________________________
.9 1 }
Water tenders__________________________________________________
. 87}
Com bination fireman, substation and fan m an_________________
. 86i
Fireman, hand firing____________________________________________
. 85 f
Substation, operator and fan tender____________________________
. 68}

$6. 90
6. 55
4. 72
6. 55
8. 10
7. 30
6. 55
7. 30
6. 98
8. 30
7. 30
6. 70
6 .5 5
8. 00
7. 30
7. 30
7. 00
6. 90
6. 85
5. 50

Perhour.

Perday.

In side day labor rates.

Drivers___________________________________________________________ $0. 90J
M otorm en, all classes___________________________________________
.9 2
M otorm en’ s helpers____________________________________________
. 90}
Gathering locom otives__________________________________________
.9 2
Gathering locom otives, h elp ers________________________________
. 90}
Gripmen________________________________________________________
. 90f
Trackm en, main line____________________________________________
.9 2
Trackmen, ordinary__________________________________________ - . 90 J
Trackm en’s helpers_____________________________________________
. 88 J
Slatemen_________________________________________________
. 84 J
Tim berm en_____________________________________________________
. 90|
Tim berm en’s helpers____________________________________________
. 84}
W irem en________________________________________________________
. 90 J
Wiremen’s helpers______________________________________________
. 84}
Pipem en________________________________________________________
. 89f
Pumpers________________________________________________________
•8 4 }
Trappers________________________________________________________
. 54}
Bratticemen-------- -----------------------------------------------------------------------. 90f
Bratticemen’s helpers___________________________________________
. 84}
Cagers__________________________________________________________
•9 2 }
Cagers’ helpers__________________________________________________
. 86}
Cagers’ couplers_________________________________________________
.8 4 }
Greasers________________________________________________________
. 84}
AU other inside la bor-----------------------------------------------------------------. 84}




$7. 26
7. 36
7 .2 6
7. 36
7. 26
7. 26
7. 36
7. 26
7. 06
6. 74
7. 26
6. 74
7. 26
6. 74
7. 18
6. 74
4. 35
7. 26
6. 74
7. 42
6. 94 *
6 .7 8
6. 74
6. 74

48

LABOR RELATIONS IN TH E W EST VIRG IN IA COAL FIELD.
APPLICATION OF MINING RATES.

Section 1. The mining rate for the thick vein shall be based on all coal 4
feet and over in thickness. The mining rate for the thin vein shall be based
on all coal under 4 feet in thickness. The mining rates for entries shall be
applied to all headings not more than 12 feet wide and not less than 8? feet wide;
and to all crosscuts not more than 12 feet wide.
All coal shall be paid for on a run-of-mine basis.
The miner shall be required to load his coal in every case free from slate,
bone, niggerhead, and other impurities.
All coal mined, drilled, and blasted by the miners must be done in a practical
and workmanlike manner and in accordance with the State mining laws of West
Virginia.
In paying for coal before it is screened, it is not intended to encourage un­
workmanlike methods of mining and blasting coal, or to decrease the proportion
of screened lump, and any miner will be subject to discipline, who, from ignorance,
carelessness, or any other cause, fails to properly mine, shoot, and load the coal.
If required by the operator the miner must block or snub the machine cut before
shooting. Snubbing, however, does not apply to top-cutting machines.
Sec . 2. The scale of prices agreed to for mining coal shall include the work
required to properly mine, drill, shoot, clean, and load the coal, and properly
timber the working places in the mine, and the operator shall be required to
furnish the necessary props and timbers to properly timber all working places.
When timbers, props, etc., are sent to the miner in mine cars in reasonable amounts
he shall unload same.
Miners shall lay all track in rooms and temporary track in entries, and the
operators assume the obligation of laying all turn rails and switches. Where
grades are favorable the miner shall accept the empty car at the nearest switch
to his working face.
It is understood the miner shall be responsible for the care of all supplies sent
to him for his use, and that he will recover all turns, rails and ties in pillar draw­
ing, where possible.
COKE W ORKERS.

Sec . 3. Rates and working conditions to be covered locally.
EIGHT-HOU R DAY.

Sec . 4. That the eight-hour day and rules now in effect shall continue. An
eight-hour day means eight hours’ work in the mine at the usual working places
for all classes of inside day labor. This shall be exclusive of the time required
in reaching such working places in the morning and departing from the same at
night.
Drivers shall take their mules to and from the stables, and the time required
in so doing shall not include any part of the day’s labor, their work beginning
when they reach the change at which they receive empty cars, but in no case
shall the driver’s time be docked while he is waiting for such cars at the point
named.
When daymen go into the mine in the morning, they shall be entitled to two
hours’ pay whether or not the mine worked the full two hours, but, after the
first two hours, the men shall be paid for every hour thereafter by “The hour,
for each hour’s work or fractional part thereof. If for any reason the regular
routine work can not be furnished inside daymen, the operator may furnish
other than the regular labor.
All employees must be at their working places at starting time on all days
that the mines operate and shall remain there the full eight hours, or such part
of the eight hours as they have w'ork to perform.
EMERGENCY W ORK.

Sec . 5. The eight-hour day as provided for in the preceding section shall be
in force, and carried out by both miners and operator. When, in the opinion
of the operators, emergency work is necessary for the safety or continued opera­
tion of the mine, it shall be permitted. If the employees believe the operators
are taking advantage of this provision, they shall have the privilege to make
their complaints through the regular channel provided for in joint agreement
covering scale grievances.




TH E U N IO N IZED PART OE TH E
JURISDICTION---- UNITED MINE W ORKERS

FIELD.

49

OF AMERICA.

Sec . 6. All workmen eligible for membership, employed in and around the
^oal mines or coke ovens, ^shall be members of the United Mine Workers of
America. This shall not include labor employed specifically for construction
work, plant improvement, or extensive repairs unless these men are regularly
employed at the plant. A mine or coke plant that has been closed down for a
considerable period of time shall not come under the jurisdiction of the joint
agreement until it is ready to produce coal or coke.
STARTING TIME.

Sec. 7. The starting time recognized for the field is 7 a. m. unless otherwise
agreed to in accordance with the grievance provisions of this contract.
h o l id a y s .

Sec. 8. The following holidays are recognized: New Year’s, Decoration Day,
Labor Day, Christmas, April 1, July 4, Thanksgiving Day.
CHECK-OFF.

Sec. 9. The operator agrees to check-off of each employee, not exempted from
dues by scale contract, such initiation fees, dues, and assessments as are sub­
mitted to the company, not later than 24 hours after the expiration of each half.
Such collections shall not exceed five ($5) dollars in any one calendar month,
not including initiation fees. However, the collections for initiation fees shall
not exceed five ($5) dollars per month.
Collections for the union shall follow checkweighman, rent, fuel, smithing,
and doctor.
The United Mine Workers of America agree to protect the operator under
this section.
The company agrees to aid local secretaries of the United Mine Workers
of America in making up their check-off list, to the end that all liable under the
contract are properly listed.
The United Mine Workers of America agrees to aid the company in collecting
just accounts against emplovees.
MACHINE W ORK.

Sec. 10. Machinemen in both wide and narrow work are required to cut
coal level and close to the bottom, and in no case shall thickness exceed 4 inches,
except under abnormal conditions. If a machine cutter leaves a spragg or %
thick bottom in excess of 4 inches he shall be notified to remove same, and should
he fail or refuse he shall be charged one dollar for each spragg, and fifty cents for
each run of thick bottom for breast machine or its equivalent width, the same to
be paid to the loader.
All bottom coal must be taken up and loaded by the loader if required by the
operator.
Each machine crew shall be required to keep the cutting up in the section
designated. Machine territory shall be divided so that the territory designated
for each machine may be cut normally in eight hours’ time, and each machine
crew shall be required to keep the cutting up in the section so designated. If
for any reason this can not be done in regular hours, they shall work sufficient
overtime to insure all loaders having coal to load.
In all mines where machines are moved by animals the company shall provide
shields for covering cutter head of machine. The machinemen shall be required
to either remove bits from the chain or cutter head, or place the shield over
cutter head to make the machine safe to be removed. Any machineman failing
to carry out this rule may be removed from the machine without question.
Each miner shall be awarded one working place. Where practicable, two
loaders shall have two rooms and work together in one room until same is cleaned
up, so as not to interfere with or delay cutters. This does not apply to ribs,
pillars, stumps, or entries. In isolated territory, arrangements may be made for
the cutting, loading, and hauling of coal, providing the scale agreement of rates
is complied with until normal conditions are restored.




50

LABOR RELATIONS IN T H E W EST V IR G IN IA COAL FIELD.
CHECKW EIGHMAN.

Sec. 11. Checkweighmen selected from among employees at the mine may be
placed on each tipple at the expense of the miners, and their duties shall be only
those prescribed by the laws of the State of West Virginia. No checkweighman
shall be placed on any tipple except where same is selected by ballot by a majority
vote of the miners working in said mine. Checkweighman shall in no way
interfere with the working force or the operation of the mine and shall be subject
to all the penalties provided in this scale contract against other members of the
working force.
TRADE.

Sec. 12. Employees have a right to trade where they please.
HIRE AND DISCHARGE.

Sec. 13. The operator or his superintendent or mine foreman shall be respected
in the management of the mine and the direction of the working force. The
authority to hire and discharge shall be vested in the mine superintendent or
mine foreman, and nothing in this agreement shall be construed to abridge the
right of the employer in either of these respects.
Daymen must perform any class of work at the direction of the mine manage­
ment, provided the scale rate is paid, and the individual is not asked to take a
reduced rate of wages for the day. The company has the right to transfer day­
men to loading coal without question, provided he is given an average working
place.
LOADING CARS.

Sec. 14. The operators shall at all times be at liberty to load any railroad
cars whatsoever, regardless of their ownership, with coal, sell and deliver such
cars in any market, and to any person, firm, or corporation that they may desire.
SEMIMONTHLY PA Y.

Sec. 15. All labor shall be paid semimonthly. Semimonthly payment means
that miners shall be paid twice a month, pay days to be determined locally, and
statements shall be available twenty-four hours prior to pay day.
MINING---- W ORKM AN LIKE METHODS---- TIMBERING.

Sec. 16. If any miner shall fail to properly timber and care for his working
place, and such failure shall entail falls of slate, rock, and the like, or if, by im­
proper and reckless shooting of the coal in working place, the mine props or other
timbers shall be disturbed, or unnecessary falls result, the miner whose fault is
the occasion for such damage, shall repair the damage without compensation,
and if such miner fails to repair such damage it shall be considered a dischargeable offense, and he may be dealt with at the discretion of the superintendent.
Sec . 17. In any case where the mine foreman directs the placing of crossbars
to secure the roadway, then in such case only the miner shall be paid the prices
for such crossbars as may be agreed upon between him and the mine foreman.
In case of miners shooting bottom, should any of the props be loosened or dis­
placed, thereby endangering the safety of the workmen, the miner agrees to
reset same. The above does not contemplate any change from the ordinary
method of timbering by miner for his own safety.
DOCKS.

Sec. 18. In case of any slate, bone, sulphur, or other impurities sent out by
the miner it shall be the duty of the trimmer of the car to call the attention of
the weighman and checkweighman, where one is employed, to the same, so as to
deduct weight, as estimated, of such impurities by the trimmer, or dock boss
from the ascertained weight of such car; for the second offense he may be sus­
pended for one working-day or fined fifty cents; for the third and each subsequent
offense occurring in any one calendar month he may be suspended, discharged,
or fined one dollar ($1) at the option of the superintendent; that in malicious
and aggravated cases the superintendent shall have the right to suspend or dis­
charge for the first or any subsequent offense.




%

THE UNIONIZED PART OF THE FIELD.

51

Sec . 19. Any miner abusing or seeking to embarrass the trimmer for per­
forming his duties shall be fined three dollars ($3) or be discharged at the option
of superintendent.
Sec. 20. It is understood that if the checkweighman leaves his post to in­
vestigate the amount of impurities thrown out, or for any other purpose, the
running of coal over the tipple will not be suspended during his absence.
Sec. 21. The proceeds of all fines arising under this clause to be paid to the
treasurer of the joint board. Under no circumstances shall the fine be remitted.
MINE COMMITTEE— GRIEVANCIES.

Sec . 22. The mine committee shall consist of three men, all of whom shall be
American citizens, or who have made application for citizenship, and employees
of the mine, and who speak the English language. The duties of the mine com­
mittee shall be confined to the adjustment of disputes that the mine boss and
miner or miners have tried to but are unable to adjust. The mine committee
shall have no other authority or exercise any other control, nor in any way inter­
fere with the operation of the mine, and for violation of this clause the committee
or any member thereof may be discharged.
Any committeeman discharged under this section shall not be recognized as a
committeeman until his or their case is disposed of under the provisions of the
joint contract. This does not prevent discharged mine committeemen, where
entire committee has been discharged, from appealing their case direct to the
commissioner of the operators’ association and the mine workers’ officials.
Sec. 23. In case of any local troubles at any mine, the aggrieved party shall
make an earnest effort to adjust the dispute with the mine foreman. In case
they are unable to agree, the matter shall be referred to the mine committee and
local management of the mine, and if they fail to agree to the commissioner of
the operators’ association and the miners’ officials, and if they fail to agree to
the district board of the two organizations, and should they fail to agree they
shall select an umpire or referee, and a decision of a majority of them shall con­
stitute a final and binding award. In all cases all parties involved must continue
at work pending the investigation and adjustment as above set forth.
Sec . 24. If any employee for whom the scale is made, refuses to work because
of any grievance which has not been taken up as provided herein, and such
action shall seem likely to impede the operation of the mine, such employees, or
any of them, will be subject to dismissal without recourse at the option of the
company, and the mine committees shall immediately furnish a man or men to
take such place or places at the scale rate, in order that the mine shall continue
to work, and it shall be the duty of any member or members of the mine workers
who may be called upon by the mine boss or mine committee, to immediately
take the place or places assigned him or them in pursuance thereof.
Sec . 25. The mine committee, or any member thereof, shall under no circum­
stances go around the mine for any cause whatsoever, unless called upon by the
mine foreman, or by the miner or dayman, who may have a grievance that he can
not settle with the mine foreman, and then only to investigate that grievance
with the mine foreman and the employee involved.
Sec . 26. Members of the mine committee, employed as daymen, shall not
leave their places of duty during working hours, except with the permission of
the mine foreman, or in cases involving the stopping of the mine.
Sec . 27. All discharge or suspension cases not taken up with the mine manage­
ment by the mine committee within three days from time of discharge shall be
invalidated. When the mine committee and mine management fail to agree in
such cases, the disagreement shall be reported to the subdistrict office of the
miners’ union by the committee, and to the office of the labor commissioner by
the company at once, and if the case is not settled within five days, the employees
so discharged shall be offered some employment until the case is disposed of. If
it be proven that the party discharged or suspended has been unjustly dealt
with he shall be reinstated to his former employment and compensated for time
lost.
DISCIPLINE.

Sec. 28. No strike or stoppage of work shall occur at any mine. All ques­
tions in dispute shall be taken up and considered and finally disposed of as pro­
vided for in section 23.
The United Mine Workers of America recognize that the very fundamentals
upon which collective bargaining is founded is the strict observance of wage




52

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD.

agreement by both parties to this contract. Local strikes can not and will not
be tolerated. Every member of the United Mine Workers of America under the
jurisdiction of this agreement pledges himself to cooperate with, and assist,
every officer of the organization in preventing local strikes. Every officer of the
organization, subdistrict, district, and international, pledge themselves to do
everything possible to make this declaration effective.
Sec . 29. Should any officer or officers of the United Mine Workers of America
or any member or members thereof, employed at any mine, cause the mine or
part of the mine to shut down in violation of this rule, each member of the
United Mine Workers of America employed at said mines, except those who con­
tinue work, shall have deducted from his earnings the sum of two ($2) dollars per
day for each day or part of a day they may remain idle.
Sec. 30. Should any operator or his representative lock the men out for the
purpose of forcing a settlement of any grievance or cause the mine or a part of
the mine to shut down in violation of this rule, he shall be fined two ($2) dollars
per employee for each day or part of a day the mine is thus thrown idle.
Sec. 31. All fines assessed against employees under this agreement shall be col­
lected by the operator from the pay for the half month in which the violation of
the agreement occurred, or the first money due thereafter, and the operator shall
remit the same to the treasurer of the joint board within twenty days after col­
lection. A failure on the part of the operator to do so shall make him liable to a
penalty of fifty per cent of the amount involved.

Sec . 32. All fines assessed against the operator shall be remitted to the treasurer
of the joint board within twenty days after official notice is given in writing.
Said notice shall be given within two weeks after the alleged violation, stating
the cause of the fine, from the local union to the operator affected.
Sec . 33. All fines provided for in this agreement shall be automatically col­
lected and any operator failing to collect such fines shall pay a penalty of four
($4) dollars for each employee subject to be fined, the same to be collected and
retained in the miners, district organization. And in no case shall any fine be
refunded except by mutual agreement of the accredited representatives of the
operators and the miners.
Sec . 34. It is further agreed that where any employee enters suit in the civil
courts to collect any fine collected in accordance herewith the district organiza­
tion shall reimburse the operator for the expense incurred on account of such
suit.
The joint board shall have charge of all moneys received from fines and may
use same for such worthy purpose as they may deem proper.
RIGHT TO APPEAL.

Sec. 35. If any local union or operator claims that a fine has been collected
contrary to the terms of this agreement, they shall have the right to appeal to
the joint board. Any appeal not settled within thirty (30) days must be
arbitrated.
NEGOTIATIONS DURING SUSPENSION.

Sec. 36. Under no circumstances will the operator recognize or treat with any
representative of the United Mine Workers of America during the suspension of
work contrary to this agreement.
IRREGULAR WORK.

Sec. 37. Should any employee absent himself from work for two days, or
persist in working irregularly, unless through sickness, or by first having notified
his foreman and obtained his consent, it shall be construed as a dischargeable
offense; and in case of sickness it is the duty of said employee if possible to
notify his foreman at once, in order that arrangements may be made to fill his
place.
TURN.

Sec . 38. The operator will see that an equal turn is offered each miner, that
he is given a fair chance to obtain same. The checkweighman, where one is
employed, may keep a turn bulletin for the turnkeeper’s guidance. The driver
and motorman shall be subject to whoever the mine foreman shall designate as
turnkeeper in pursuance thereof. This rule is not applicable, and shall not be
4 considered as preventing the operator from driving entries or removing pillar
stumps as rapidly as the emergency may demand.




THE UNIONIZED PART OF THE FIELD.

53

BURIAL FUND.

Sec . 39. A burial fund may be established by each mine or local, to which
fund each miner shall contribute twenty-five cents a month until a sum of not
less than one hundred dollars ($100) and not more than five hundred dollars
($500) shall have been created, when collections shall cease until the fund is
reduced by death, when a collection of twenty-five cents per month per man shall
again be made until the amount reaches the maximum agreed upon and so on.
On the day that death by accident to any employee occurs, in or around the mine,
for that day only the miners shall cease working^ but under no circumstances shall
the mine be made idle for any funeral. And m consideration of the mine con­
tinuing to work on the day that a funeral of one of its employees is held, the oper­
ators agree to contribute to the bereaved family one-third the amount paid by
the miners, said amount not to exceed twenty-five ($25) dollars, provided the
deceased was not entitled to compensation fund of the State. In case the funeral
occurs on Sunday or any; day the mine is idle through no fault of the employees,
the company shall contribute as above. This does not prohibit friends from at­
tending funeral.
Where greater amounts are needed than those stipulated for burial purposes,
collection of such amounts may be arranged locally by mutual consent.
Sec. 40. There shall be a burial fund committee at each mine consisting of
three members, one of whom shall represent the operators, the other two the
mine workers, known as the burial fund committee, to take charge of these funds
and to make all necessary funeral arrangements in case of any death, and said
committee shall be paid for such duties as may be agreed upon locally. This
committee shall render a report quarterly showing the amount of money collected,
amount expended, and the balance in the treasury.
CONSTRUCTION AND REPAIR WORK DURING SUSPENSION.

Sec. 41. It is understood that in the event of a disagreement between oper­
ators and mine workers, steam and electrical engineers, firemen and pumpers
are required to continue to perform such work as is in line with their duties.
During any strike or suspension, it is hereby understood and agreed that all
men on all kinds of outside construction and repair work together with all kinds
of work inside the mine that is not producing coal, must continue at work. It
is further understood and agreed that such miners as are necessary are to be per­
mitted to mine coal for the boilers and consumption of employees of the company.
But this is not to be construed to mean to mine coal for shipment.
ENTRY GOB AND DEAD WORK.

Sec. 42. Where there is not sufficient room to gob the dirt and draw slate in
entries with ordinary conditions of the seam, the loader or miner shall load it in
mine cars without compensation, and the company shall unload it.
Sec. 43. For dead work, where unusual conditions exist, the price to be paid
for same shall be a question of local adjustment. Failing to agree, the company
shall have the right to remove the same and give the miner another place, but
all agreements entered into for abnormal conditions shall continue only as long
as such conditions exist.
EXPLOSIVES.

Sec . 44. The miner shall purchase all explosives and detonators of all kinds,
including fuses and squibs for blasting coal. If explosives and detonators are
sold by the operators, they shall be sold at cost, which is to include handling,
transportation, and insurance. The operator reserves the sole right to designate
the kind of explosives that shall be used in the mines; provided all explosives shall
be of standard grade.
SMITHING.

Sec. 45. A uniform charge of one-half cent per ton for smithing shall be made
on all coal mined by the miner and loader for pick and machine coal throughout.
NO DISCRIMINATIONS.

Sec. 46. There shall be no discrimination against any mine worker on account
of activity in the affairs of the organization.
OTHER CONDITIONS NOT SPECIFIED.

Sec . 47. All terms and conditions not specified under this contract to continue
as they now exist during the life of this contract, except where changed by mutual
consent.




54

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD,
NO INVALID RULES TO BE ENFORCED.

Sec . 48. All local rules in violation of this contract shall be null and void, and'
no local union or group of local unions shall pass any rules in violation, neithe.
shall any company enforce any rules in violation of this contract, and all scale
contract provisions shall have precedent over any rules or provisions of the
district or national constitution of the United Mine Workers of America.
e x e m p t io n

u n d e r t h is c o n t r a c t .

Sec. 49. This scale shall not affect mine foremen, mine foremen’s assistants,
fire bosses, machine bosses, shot firers, weighmen, dock boss, stable boss, boss
hauler, electricians, watchmen, and teamsters.
The company shall have the right to transfer contract men temporarily to
exempted work without affecting their membership in the union, by notifying
the mine committee.
LOADING MINE

CARS.

Sec . 50. No limit of weight shall be placed on loading mine cars.

In case of
loss in transit the company shall not be held responsible, except where a wreck
occurs the average weight shall be made good by the company. In order that
miners can not take advantage of this clause, the mine management and com­
mittee of any mine where complaint is made of loading cars over their capacity
shall mutually agree on a standard height for loading cars.
w et

places.

Sec. 51. When it has been determined a place is a wet place, the operator shall
pay five cents per ton in excess of the regular rate, one cent of which goes to the
cutter and four cents to the loader.
Places shall not be classified as wet, when by ordinary method of workmanship
a mine worker can keep dry.
SAFETY LAMPS.

Sec . 52. In mines where closed lights, either electric or others, are used, a
charge to the user of five cents per shift per lamp shall be made. An additional
safety lamp where required by the cutter to comply with the mining laws will be
furnished free. The miner shall be responsible for taking care of his lamp and no
extra charge shall be made unless he deliberately or carelessly breaks any part of
same. Where electric or other closed lights are substituted voluntarily on the
part of an operator for an open light, a charge of five cents per shift per lamp
shall be made. The rate per lamp herein provided may be changed if a more
efficient lamp is placed in service.
HOUSE COAL.

Sec . 53. Where coal is used for fuel in dwellings, it will be furnished to employ­
ees for their own use at two dollars ($2) per ton, plus delivering cost. Where
coal is not delivered by the company and employees carry it, they shall pay two
dollars ($2) per month per house of four rooms or less. If the company does not
or can not deliver the coal the employee shall have the right to get it hauled by
outside teams.
ARC-WALL OR TRACK-CUTTING MACHINE RATE.

Sec . 54. The following rates apply to the arc-wall or track-cutting machine
when the cutting is made at the top or bottom of the seam:
Coal b feet and over .

Machine mining with machine drilling— bottom cutting:
Cutting, rooms------------------------------------------------------------------$0. 121725
Cutting, entries_________________________________________
. 13425
Loading, rooms_________________________________________
. 607
Loading, entries________________________________________
. 627
Machine mining without machine drilling— bottom cutting:
Cutting, rooms_________________________________________
. 114225
Cutting, entries_____ ___________________________________
. 12675
. 627
Loading, rooms_________________________________________
Loading, entries_________________________________________
. 647
Machine mining with hand drilling— top cutting:
Cutting, rooms_________________________________________
. 104225
Cutting, entries_________________________________________
. 11675
Loading, rooms_________________________________________
. 637
Loading, entries...............................
. 657




THE UNIONIZED PART OE THE FIELD.

55

Coal less than 4 f e e t

Machine mining with machine drilling— bottom cutting:
Cutting, rooms_________________________________________ $0.
Cutting, entries_________________________________________
Loading, rooms-------------------------------------------------------------Loading, entries________________________________________
Machine mining without machine drilling— bottom cutting:
Cutting, rooms_________________________________________
Cutting, entries_________________________________________
Loading, rooms_________________________________________
Loading, entries________________________________________
Machine mining with hand drilling— top cutting:
Cutting, rooms_________________ _______________________
Cutting, entries_________________________________________
Loading, rooms_________________________________________
Loading, entries________________________________________

126225
. 1536
.6 8
. 7375
. 118725
. 1461
. 70
.7575
. 108725
. 1361
. 71
.76 7 5

This scale of rates for arc-wall or track-cutting machine prices has been deter­
mined as the result of a test to determine the labor saving as provided for in the
award of the Bituminous Coal Commission of 1920. Both parties to this agree­
ment subscribing to the recommendations of the Bituminous Coal Commission
regarding the introduction of new machinery and hereby agree to continue the
recommendation of the Bituminous Coal Commission in relation to the introduc­
tion of new machinery.
A t any time during the life of this agreement upon petition of either the oper­
ators or the miners, the schedules provided herein for arc-wall or track-cutting
machines may be revised without prejudice.

AVERAGE INDIVIDUAL PRODUCTIVITY.
PRODUCTIVITY IN A GROUP OF MINES.

Individual productivity as affected by the conditions of the late
war, as well as b y unionization, is shown by the results of a special
study of average individual productivity in a group of mines in the
Fairmont field presented herewith. The number of operating mines
in this group varied from year to year, ranging from 27 to 43.
The great majority of these mines are over 10 years old. This
means mat the changes in productivity which have taken place since
1914 could not possibly be attributed to the passing of some of these
mines from an initial development period into regular production.
Nor can these changes in average productivity be attributed to any
appreciable improvement in the methods of production or to the
introduction o f labor-saving machinery on any considerable scale.
The group of mines studied is controlled by one large corporation,
which has ample funds to start and operate its mines with the best
equipment which the technique of engineering makes possible.
There has been no change in the average thickness of the coal seam
which is being worked on in the mines of this company.
The average individual productivity in these mines is considerably
greater than the average for the Fairmont field. The average per
capita production in 1921 for all employees in this group of mines
was 5.33 tons per day, which output compares very favorably with
the figures given by the United States Coal (Fact Finding) Commis­
sion for the entire bituminous coal industry of the United States for
1921, to wit, 4.19 tons per employee.
This study shows the average per capita production for each year
from 1914 to 1922. This range of years includes a number of varying
periods from an economic angle. The years 1914 and 1915 may be
considered an ordinary business period in the soft-coal industry.
With the entry of the United States into the World War in 1917, the




56

LABOR RELATIONS IN TH E W EST V IRG IN IA COAL FIELD.

industry began to expand. A great number of new mining develop­
ments appeared. The postwar deflation (1920) struck the industry
hard and resulted in the closing of hundreds of the less productive
mines. The years 1918 and 1919 may be considered as typical of
war-peak business. During the years 1921 and 1922 the industry
returned to its normal condition, that of 1914 and 1915. From a
business point of view, therefore, the years 1921 and 1922 are com­
parable with the years 1914 and 1915.
The onlyreal change in conditions between 1914-1915 and 1921-1922
was occasioned by the unionization of the entire group of mines,
first, through arrangements sponsored by the United States Fuel
Administration, and since 1920 by a collective bargaining agreement
between district No. 17 of the United Mine Workers of America and
the corporation as a member of the Northern West Virginia Coal
Operators7 Association. The changes in the average per capita out­
put between the periods 1914-1915 and 1921-1922 may therefore be
said to be attributable, m a considerable measure, to the unionization
of the mines.
A factor which should have had a definite tendency to increase
individual productivity came into the industry as a result of unioniza­
tion. This factor— the introduction of real piecework—relates to
the change in the method of wage payment to miners loading coal.
Prior to unionization the loaders were paid per car, irrespective of the
net amount of coal contained in it. Whether the car contained 2,000
pounds of coal or more or less, the miners7 pay was not affected.
With the coming of unionism the method oi wage payment was
changed from a car to a net ton basis. This means that for every
additional pound of coal loaded by the miner additional pay is granted.
This change is equivalent to a change from time-work to piecework.
According to the United States (Fact Finding) Coal Commission,
the measurement of average individual productivity is usually
obtained by taking into account all workers, skilled and unskilled,
the mine carpenters, electricians, blacksmiths, shovelers, and miners
who work inside and outside. As already stated, the average daily
output per employee for 1921 thus obtained by the commission’s
study (made public September 22, 1923) for the bituminous industry
of the United States as a whole was 4.19 tons. The average per day
rose from 2.56 in 1890 to 2.98 in 1900 and 3.46 in 1910, mounting
to 4.19 in 1921. This gain since 1890 has followed the introduction
of machinery and better engineering practice.
The data obtained from the company are summarized in two
tables.
Table 8 shows the number of mines that were operated each year,
the total production of all mines each year, and the number of em­
ployees each year in each of four occupational groups. A mine was
counted if it was in operation any part of the year. Likewise the
employees were counted regardless of the number of days of mine
operation during the year. In this table the term “ employee77
means a position or job which one week may be filled by one individual
and in the next week by some other individual.
The term “ inside contract m an77 includes pick miners, machine
miners, and loaders. These are the men who dig and load the coal.
They are paid at tonnage rates, hence the word “ contract.77 Pick
miners undercut the coal with a pick and generally blast it and load




THE UNIONIZED PAST OF THE FIELD.

57

it into cars. Machine miners operate coal-undercutting machines.
Loaders follow the machine miners, blast down the coal, and load it
into cars.
Inside day workers include all men working at day rates and em­
ployed underground as brakemen, bratticemen, cagers, drivers,
laborers, motormen, pumpmen, timbermen, trackmen, trappers, etc.
Outside workers are those who work above ground. They include
blacksmiths, carpenters, engineers, firemen, laborers, machinists, etc.,
and are paid at time rates.
Table 9 consolidates the operations of the year for all mines.
Column 1 shows the average number of days worked per employee.
As stated above, the term “ employee” means a position within the
mine regardless of any possible change in personnel in that position
during the year. The records available do not permit the tracing
of individuals who were employed all or any part of any year.
Column 2 of Table 9 shows the average output per day of opera­
tion for all mines during the year, and columns 3 to 7 show the average
output per employee per day of operation during the year for each of
the four occupational groups and for all groups combined.
In computing this table allowance has been made for the varying
number of days of operation of the several mines and for the different
number of employees in the several mines.
T

8 ^ -N U M B E R OF M IN ES A N D OF EM PLO YEES A N D T O TA L PR O D U CTIO N IN
T H E M IN ES OF A L AR GE COAL C O M P A N Y IN T H E F A IR M O N T FIELD , 1914 TO 1922,
B Y Y EAR S.

able

Number of employees.
Year.

Number
or
mines.

43
27
30
35
34
33
33
32
30

1914....................................... .......
1915.............................. ...............
1916................... .........................
1917..............................................
1918............................................
1919..................................... ........
1920..............................................
1921..............................................
1922..............................................
T

able

Total
produc­
tion
(tons).

•
Inside men.
Foremen,
clerks,
etc.
Contract.
Day.

4,159,271
4,648,285
4,344,729
3,713,397
3,179, 525
2,853,108
3,94SL 941
3,320,876
2,244,257

268
230
240
245
238
239
237
219
201

2,805
2,520
2,117
1,904
1,630
1,759
2,029
2,695
2,457

Outside
men.

1,222
1,092
1,004
1,122
973
972
1,201
1,048
1,010

Total.

714
542
598
771
739
611
657
574
509

5,009
4,384
3,959
4,042
3,580
3,581
4,124
4,536
4,177

9 .—AVER AG E D A Y S W O R K E D PER E M P LO Y E E A N D AVE R A G E OUTPUT
D A Y A N D PER M A N PER D A Y , 1914 TO 1922, B Y Y EAR S.

Year.

Average
days
worked
per em­
ployee.

1
1914....................................... .
1915..............................................
1916..............................................
1917...............................................
1918..............................................
1919........ .....................................
1920.......................................... .
1921............................................
1922..............................................




Average output (tons) per man per day during
year.
Average
output
Inside men.
(tons) per
Foremen,
day.
clerks,
etc.
Contract.
Day.
2

163
206
236
199
255
160
164
137
106

PER

25,517
22,564
18,410
18,660
12,469
17,832
24,079
24,240
21,172

3
98.65
98.34
77.03
78.27
49.55
76.15
102.22
115.13
107.51

i1

Outside
men.

All em­
ployees.
7

4

5

6

9.03
8.93
8.65
9.91
7.75
10.03
11.86
8.93
8.61

20.86
20.60
18.41
16.40
11.45
18.17
20.05 '
23.12
20.98

36.41
41.78
31.21
24.20
15.84
29.26
36.85
42.42
42.51

5 .0 9

5.14
4.65
4.63
3.47
4.95
5.84
5.33
5.08

58

LABOR RELATIONS IN THE W EST VIRGINIA COAL FIELD.
PRODUCTIVITY IN INDIVIDUAL

MINES.

Production differs materially as between mines and as between
different periods in the same mine. Many influences affect produc­
tion— market demand, thickness of vein, working conditions, car
supply, etc.
To illustrate the variation in production both per mine and per
individual worker, yearly averages are given in Table 10 for 10
different mines of this company, each of which was in operation
every year from 1914 to 1922. All of the 10 mines had machine and
pick work each year.
In mine No. 1 the output per man in 1918 was as low as 3.84 tons
per day and as high as 8.18 tons per day in 1920. Examining the
figures for 1922 in these 10 mines it is seen that the output was as
low as 4.47 tons per man per day in mine No. 9 and as high as 6.90
tons per man per day in mine No. 4. The output in 1922 of the
contract miner— the man who actually gets out the coal— ranged
from 7.75 tons per day in mine No. 9 to 11.96 tons in mine No. 4.
T

1 0 .—PR ODUCTION, D A Y S OF OPERATION OF M IN E , N U M B E R OF E M P L O Y E E S ,
A N D OUTPUT PER M A N PER D A Y IN 10 R E P R E SE N T A T IV E M IN E S OF A L A R G E
COAL C O M P A N Y IN T H E F A IR M O N T COAL F IE L D , 1914 TO 1922.

able

Mine.

Days
of
Produc­ oper­
Year. tion
ation
(tons).
of
mine.

Aver­
Number of employees.
age
tons
of
out­
Inside
put
men.
per ForeOut­ To­
day. men,
side
tal.
of clerks,
men.
oper­ etc. Con­ Day.
tract.
ation.

Output (tons) per man
per day.
Inside
men.
ForeOut­
men,
side
clerks,
men.
etc. Con­ Day.
tract.

To­
tal.

1914
1915
1916
1917
1918
1919
1920
1921
1922

177,680
248,623
231,569
200,649
182,988
157,833
204,832
200,537
114,141

160
200
228
168
247
147
129
156
112

1,111
1,243
1,016
1,194
741
1,074
1,588
1,285
1,019

11
10
11
8
9
9
9
9
11

106
124
101
101
93
93
98
156
122

42
45
52
55
56
48
56
52
49

25
26
25
33
35
35
31
35
34

184
205
189
197
193
185
194
252
216

44.42
47.81
40.63
36.19
21.17
30.68
51.22
36.73
29.97

6.04
6.06
5.37
6.06
3.84
5.80
8.18
5.10
4.72

No. 2......... 1914
1915
1916
1917
1918
1919
1920
1921
1922

218,115
296,366
291,844
223,923
200,054
143,972
187,984
136,082
89,395

196
205
239
153
220
173
155
133
98

1,113
1,446
1,221
1,464
909
832
1,213
1,023
912

13
14
13
14
10
13
12
14
10

133
158
142
117
95
115
112
126
104

*54
72
59
61
62
68
68
55
52

40
36
41
60
59
42
43
42
25

240 85.60 8.37 20.61 27.82
280 103.26 9.15 20.08 40.16
255 93.93 8.60 2a 70 29.78
252 104.54 12.51 23.99 24.39
226 90.93 9.57 14.67 15.41
238 64.02 7.24 12.24 19.81
235 101.07 10.83 17.84 28.20
237 73.08 8.12 18.60 24.36
191 91.22 8.77 17.54 36.49

4.64
5.16
4.79
5.81
4.02
3.50
5.16
4.32
4.77

No. 3_____ 1914
1915
1916
1917
1918
1919
1920
1921
1922

66,393
130,189
137,189
101, 336
103, 576
84,481
109,505
101,438
52,120

139
176
210
157
235
141
139
128
80

478
740
653
645
441
599
788
792
652

5
6
7
6
6
6
5
6
5

51
78
75
52
63
51
56
78
73

28
40
35
29
30
32
42
23
23

15
16
12
14
19
19
22
19
19

99
140
129
101
118
108
125
126
120

95.53
123.29
93.33
107.58
73.46
99.86
157.56
132.08
130.30

9.37
9.48
8.71
12.41
7.00
11.75
14.07
10.16
8.92

17.06
18.49
18.67
22.26
14.69
18.72
18.76
34.46
28.33

31.84
46.23
54.44
46.10
23.20
31.53
35.81
41.71
34.29

4.82
5.28
5.06
6.39
3.74
5.55
6.30
6.29
5.43

225,311
178 1,266
338,445
234 1,446
269,340 • 231 1,166
163,101
164
995
146,208
208
703
168,954
191
885
196,208
163 1,204
172,181
153 1,125
100,076
93 1,076

5
10
8
7
10
7
8
9
6

216
156
108
77
82
95
94
133
90

82
65
49
33
34
31
37
43
42

40
30
26
25
24
22
22
21
18

343
261
191
142
150
155
161
206
156

253.16
144.63
145. 75
142.07
70.29
126. 37
150.47
125.04
179.35

5.86
9.27
10.80
12.92
8.57
9.31
12.81
8.46
11.96

15.44
22.25
23.80
30.14
20.67
28.53
32.53
26.17
25.62

31.64
48.21
44.85
39.78
29.29
40.21
54.72
53.59
59.78

3.69
5.54
6.10
7.00
4.69
5.71
7.48
5.46
6.90

No. 1.........

No. 4.........

1914
1915
1916
1917
1918
1919
1920
1921
1922




100.95
124.31
92.33
149.29
82.32
119.30
176.43
142.83
92.64

10.48
10.03
10.06
11.83
7.97
11.55
16.20
8.24
8.35

26.44
27.62
19.53
21.72
13.23
22.37
28.35
24.72
20.80

THE UNIONIZED PART OF THE FIELD.

59

TABLE 1 0 .—P R O D U CT IO N , D A Y S OF OPER ATIO N OF M IN E , N U M B E R OF E M P LO Y E E S ,
A N D O U TPU T PER M A N PER D A Y IN 10 R E P R E SE N T A T IV E M IN E S OF A L A R G E
C O AL C O M P A N Y IN T H E F A IR M O N T CO AL F IE L D , 1914 TO 1922— Concluded.

Mine.

Days
of
Produc­ oper­
Year. tion ation
(tons).
of
mine.

Aver­
Number of employees.
age
tons
of
out­
Inside
men.
put
per ForeOut­ To­
day men,
side
of clerks,
men. tal.
Con­
etc.
oper­
Day.
tract.
ation.

Output (tons) per man
per day.
Inside
men.
ForeOut­
men,
side
clerks,
men.
etc. Con­
Day.
tract.

To­
tal.

No. 5......... 1914
1915
1916
1917
1918
1919
1920
1921
1922

178,855
161,562
221,708
179,241
137,746
123,081
161,129
147,742
98,694

155
145
230
187
277
183
140
142
101

1,154
1,114
964
959
497
673
1,151
1,040
977

12
14
13
9
10
12
11
9
8

110
135
105
105
96
74
84
106
117

56
55
48
47
38
37
47
37
40

27
18
24
19
27
21
20
20
19

205
222
190
180
171
144
162
172
184

96.16 10.49 20. 61 42.74
79.59 8.25 20. 26 61.90
74.15 9.18 20. 08 40.16
106.50 9.13 20. 39 50.45
49.73 5.18 13. 09 18.42
56.05 9.09 18. 18 32.03
104.63 13.70 24. 49 57.55
115.60 9.82 28. 12 52.02
122.15 8.35 24. 43 51.43

5.68
5.02
5.07
5.33
2.91
4.67
7.10
6.05
5.31

1914
1915
1916
1917
1918
1919
1920
1921
1922

125,881
198,405
188,393
189,936
82,783
81,883
147,165
145,211
103,436

926
136
187 1,061
772
244
202
940
244
339
137
598
208
708
137 1,060
95 1,089

9
10
10
9
6
7
7
7
8

86
119
97
97
38
56
69
140
126

36
48
55
45
25
19
36
42
44

14
21
19
29
19
20
17
20
20

145
198
181
180
88
102
129
209
198

102.84 10.76 25. 71 66.11
106.10 8.92 22. 10 50.52
77.21 7.96 14. 04 40.64
104.48 9.69 20. 90 32.42
56.55 8.93 13. 57 17.86
85.38 10.67 31. 46 29.88
101.07 10.25 19. 65 41.62
151.42 7.57 25. 24 53.00
136.10 8.64 24. 75 54.44

6.38
5.36
4.27
5.22
3.86
5.86
5.48
5.07
5.50

No. 7_____ 1914
1915
1916
1917
1918
1919
1920
1921
1922

294,937
345,055
344,861
301,578
238,446
227,040
264,533
255,164
162,269

217
259
260
239
313
197
140
180
120

1,359
1,332
1,326
1,262
762
1,152
1,890
1,417
1,352

7
11
8
9
14
10
13
11
14

167
166
147
124
113
125
129
152
158

82
97
83
83
78
77
75
76
78

36
35
33
38
38
40
40
35
39

292
309
271
254
243
252
257
274
289

192.39 8.06 16. 42 37.41
121.11 8.03 13. 73 38.06
165.80 9.02 15. 98 40.19
140.20 10.18 15. 20 33. 21
54.41 6.74 9. 77 20.05
115.25 9.22 14. 97 28.81
145. 35 14.65 25. 19 47.24
128.87 9.33 18. 65 40.50
96.59 8.56 17. 34 34.67

4.61
4.31
4.89
4.97
3.14
4.57
7.35
5.17
4.68

No. 8_____ 1914
1915
1916
1917
1918
1919
1920
1921
1922

76,922
166,776
159,941
125,294
93,580
77,855
107,001
83,408
51,176

109
176
209
171
256
129
157
133
85

706
948
765
733
366
603
682
627
602

7
7
7
7
7
8
7
9
8

56
109
89
65
52
48
48
73
55

26
35
34
29
27
28
36
26
19

16
18
18
19
21
16
20
15
13

105
169
148
120
107
100
111
123
95

100.82
135.37
109. 32
104.67
52.22
75.44
97.36
69.68
75.26

44.11
52.64
42.51
38.57
17.41
37.72
34.08
41.81
46.31

6.72
5.61
5.17
6.11
3.42
6.04
6.14
5.10
6.34

No. 9......... 1914
1915
1916
1917
1918
1919
1920
1921
1922

285,778
379,539
325,540
236,934
214,644
194,181
205,874
175,883
110,385

198
253
259
199
275
187
129
146
95

1,443
1,500
1,257
1,191
781
1,038
1,596
1,205
1,162

6
11
7
7
12
9
11
9
12

169
207
146
114
106
105
101
148
150

76
89
74
84
64
54
65
49
68

25
22
24
25
25
24
26
23
30

276
329
251
230
207
192
203
229
260

240. 55 8.54 18. 99 57.73
136. 38 7.25 16. 86 68.19
179. 56 8.61 16. 99 52.37
170.09 10.44 14. 17 47.62
65.04 7. 36 12. 20 31.22
115.38 9.89 19. 23 43.27
145.08 15.80 24. 55 61.38
133. 85 8.14 24. 59 52.38
96.83 7.75 17. 09 38.73

5.23
4.56
5.01
5.18
3.77
5.41
7.86
5.26
4.47

No. 10____ 1914
1915
1916
1917
1918
1919
1920
1921
1922

118,712
265,724
232,751
149,754
108,830
104,637
160,269
147,776
82,835

167
223
222
142
236
160
181
144
94

711
1,192
1,048
1,055
461
654
885
1,026
881

7
13
15
9
11
9
9
10
9

70
151
86
66
57
68
93
116
113

33
51
50
34
30
27
39
39
40

17
22
22
19
20
20
20
15
14

127 101. 55 10.16 21. 54 41.81
237 91.66 7.89 23. 36 54.16
173 69.90 12.19 20. 97 47.66
128 117.18 15.98 31. 02 55.51
118 41.92 8.09 15. 37 23.06
124 72.66 9.62 24. 22 32.70
161 98.38 9.52 22. 70 44.27
180 102.62 8.85 26. 31 68.41
176 97.91 7.80 22.03 62.94

5.60
5.03
6.06
8.24
3.91
5.27
5.50
5.70
5.01

No. 6-------

12.60
8.69
8.60
11.27
7.03
12.57
14.20
8.59
10.95

27. 14
27. 07
22. 51
25. 27
13. 54
21. 55
18. 93
24. 12
31. 69

PRE-WAR, WAR, AND POST-WAR PRODUCTIVITY.

For purpose of analysis, three groupings of data for the entire
group of mines (taken from Table 10) have been made for periods of
two years each— periods which may be said to be representative of
pre-war (1914 and 1915), war (1918 and 1919), and post-war (1921




60

LABOR R ELATIONS I N

THE

W E S T V IR G IN IA COAL FIELD .

and 1922) conditions. The average individual productivity in each1
eriod for each of the principal occupational groups is shown in
'able 11.

?

T able 11.—AVERAGE PER CAPITA DAILY PRODUCTION IN A GROUP OF MINES IN

THE FAIRMONT FIELD DURING PRE-WAR, WAR, AND POST-WAR YEARS.
Inside men.
Foremen,
clerks,
etc.
Contract. Day.

Period.

Pre-war:
1914_________________________________________
1915____________________ __________________
Average____ ___

__________________

War:
1918______________________ _________ _____ _
1919_________________________________________
Average__

____ - _________ ____ ___ __

Post-war:
1921________ _____ ___ ______ ______________ .
1922_________________________________________
Average______ ____________

.

T o n s.

T o n s.

Tom .

Outside
men.

All em­
ployees.

T o n s.

T o n s.

98.65
98. 34

9.03
8. 93

20.86
20.60

36.41
41. 78

5.09
5A4

98.49

8.98

20.73

39.09

5. LL

49. 55
76.15

7. 75
10.03

11. 45
18.17

15. 84
29. 26

3. 47
4. 95

62.85

8.89

14. 81

22. 55

4. 21

115.13
107. 51

8.93
8. 61

23.12
20.98

42. 42
42.51

5. 33
5.08

111. 32

8. 77

22.05

42.46

5.20

The above table reveals interesting facts regarding the average
output per employee of each classified group during the three periods
covered by the table. With the exception of one group, “ inside
contract men,” that is, miners who dig and load coal on a tonnage
basis, the average productivity declined in a marked degree between
1914-1915 and 1918-1919. The average daily output for supervisory
employees (foremen, clerks, etc.) declined from 98.49 tons per day
to 62.B5. The average for inside daymen dropped from 20.73 tons
per day, the pre-war record, to 14.81 during the war. A great
diminution in the output for outside men (day workers) also took
place during the same period—from 39.09 to 22.55 tons.

The group of inside contract men shows a very slight reduction
between the two periods, to wit, from 8.98 to 8.89 toRS per day per
employee, just aborrt, holding its own. The average output for all
employees dropped from 5.11 to 4.21 tons per day.
By and large, the groups showing greatly reduced average produc­
tivity are groups working on a time basis, that is, groups in the com­
pensation of which there is no direct relation between individual
productivity and individual compensation. The only group in which
there has been such a relation— inside contract men, who work on a
piecework basis— showed practically no reduction in productivity.
The termination of the war, with its consequent reduction in the
great scarcity of labor, had, it seems, a salutary effect upon the rela­
tive efficiency of the various groups of employees. The supervisory
employees increased their average productivity from 62.85 tons per
day (1918-1919) to 111.32 tons per day (1921-1922). The piecework
miners had apparently always been doing their best, no serious
improvement being possible, as the average daily output of this
group for each of the periods was 8.98, 8.89, and §.77, in 1914-1915,
1918-1919, and 1921-1922, respectively. The inside daymen increased
their average output from 14.81 tons per day during the war to
22.05 tons per day in 1921-1922, exceeding even their pre-war record




T H E U N IO N IZ E D PART OF T H E FIELD .

61

of 20.73 tons per man per day. The production per day of the
group of outside men (day workers) dropped from 39.09 tons in
1914-1915 to 22.55 in 1918-1919, and then, in 1921-1922, almost
doubled the war figure of average productivity showing an average
per employee of 42.46. The average output for all employees, declin­
ing from 5.11 in 1914-1915 to 4.21 in 1918-1919, went up again in
1921-1922 to 5.20 tons, exceeding somewhat its pre-war figure.
As stated elsewhere, the corporation controlling these mines main­
tained a so-called open-shop policy prior to 1916, but became com­
pletely unionized— by agreement with the United Mine Workers of
America— after the expiration of the United States Fuel Adminis­
tration agreement in 1920. The record of 1914-1915 and that
of 1921-1922 may therefore be said to show the extent to which
unionization affected average productivity.
When questioned regarding the latter point, most of the operating
executives of the corporation expressed the opinion that unionization,
in their particular mstance, had had no deteriorating effect upon
average productivity. In support of this opinion (which is not
shared, by many other operators in the field) the corporation presented
the figures upon which this section is based.
From the figures presented, one may readily see that the war and
unionization did not result in any serious curtailment of the output
of pieceworkers. Between 1914-1915 and 1918-1919 there appeared,
however, a serious reduction in the average productivity ol inside
and outside daymen, which groups were unionized in 1920. The
serious decrease in productivity was not, however, limited to the
unionized groups. The average productivity of the supervisory force
declined almost as seriously in this period—from 98.49 to 62.85,
respectively. When, in the post-war period (1921-1922), average
productivity improved, it improved all along the line. All groups,
union and managerial, with the exception of the union pieceworkers,
showed great improvement in average output.
A careful inquiry shows that the present record of individual
productivity is due, to a great extent, to the fact that the manage­
ment has been more efficient since unionization. One of the more
important officials of the company, who is in actual charge of opera­
tions, put it as follows:
Management in unionized mines has to work harder, be more up to date, more
progressive, and more watchful than in nonunion mines. The importance of
effective labor administration and centralized labor control is paramount. When
the men know the management is on the job, much of the looseness in individual
conduct, due to union psychology, gradually disappears. It is true that, on the
average, we produced as much coal per employee in 1921-1922 as in 1914-1915,
but we had to make terrific efforts to achieve these results.

As previously stated, the corporation which controls the group of
mines under discussion has a very enlightened labor policy and. an
effective managerial organization with which to carry out this policy.
LABOR TURNOVER.

“ Labor turnover” is a term used to describe the process of dis­
placement and replacement of employees for the purpose of maintain­
ing the necessary working force. The turnover process involves, of
course, serious costs occasioned by the necessity of breaking in new
88793°— 24f----- 5




62

LABOR RELATIONS IN THE W EST VIRGINIA COAL FIELD.

employees whose services, in the initial period at least, are not as
effective as those of the older employees.
The extent of labor turnover may be said to be an indication of the
relative contentedness of the employees, evidenced by their willing­
ness to stick to their posts A large labor turnover may, at times, be
due to the frequency with which employers resort to discharges or
lay-offs.’ Because of the fact that this analysis of labor turnover is
based largely on unionized mines, the latter factors do not carry any
significance m this connection as the operator’s right to discharge and
manipulate his working force is greatly limited by the scale agreement
with the United Mine Workers.
TURNOVER IN TH IRTY-THREE BITUMINOUS COAL FIELDS.

Tables 12 and 13 taken from a study of labor turnover in the
bituminous coal industry made by the United States Coal (Fact
Finding) Commission and published September 22, 1923, present a
comparison of the extent of labor turnover in 33 bituminous coal
districts in the United States. The Fairmont field is practically
coextensive with the “ Panhandle-Fairmont (W. Ya.) ” district
shown in Table 12. The report of the commission gives the following
definitions of the terms used in the tables.
A verage n u m b er on the roU.— Actual figures were not used o n these mines in
order to escape the possibility of the identification of particular mines. The
groupings in each table, therefore, indicate simply the approximate number of
men on the roll for all occupations at each mine.
M in e . — The term “ mine” as used in the headings is synonymous with the
common term in the anthracite industry, “ colliery.” ‘It embraces those men who
are employed both inside and outside the mine.
S ep a ra tio n . — A separation is any absence of an individual from the pay roll
for two or more consecutive pay-roll periods. It should be understood that it is
possible for an individual to separate once, twice, or more times during the year,
depending on the number of times he is rehired. The total of the reemployed
and the complete separations should always equal “ all separations.”
C om plete separation. — A complete separation indicates an absence from the
pay roll for the balance of the year. In other words, the failure of an individual
to reappear on the roll after an absence of two or more consecutive pay-roll
periods.
R eem ployed. — “ Reemployed” as used in the tables indicates those men appear­
ing on the roll as having returned to work after a separation of two or more
consecutive pay-roll periods.
N ew m en h ired . — This indicates those individuals who appear on the roll as
having been hired for the first time after the first pay-roll period of the year.
N u m b er left on roll D ecem ber 3 1 .— This indicates those new men hired who were
still on the roll at the end of the year.
A ccessio n s. — This indicates all those individuals employed during the year.
The totals of reemployments and new men hired should always equal the total of
accessions.
Stable fo rce. — The stable force is that group of individuals who were not sepa­
rated from the roll during the year as separation is defined in this study. It
should be understood that separations of one or more single pay periods may have
occurred among this group of men, but the stability was reckoned on the basis of
an absence of two or more consecutive pay periods constituting a separation.
THE

O CCUPATION AL GROUPS.

M a ch in e m in ers. — Men who operate drills or coal cutting machines.
P ick m in ers. — Men who dig coal with a pick, and load to cars as well.
L o a d ers. — Men who load coal at the working place after the coal has been shot

down.

They also keep the working place in order.

Outside d a y m en . — Men not on tonnage work who work outside the mine, such

as blacksmith, carpenter, engineer, fireman, stableman, outside laborer, miscel­
laneous, tipple worker, etc.




T H E U N IO N IZ E D PART OF T H E FIELD.

63

In s id e d a y m e n .— Men not on tonnage work who work inside the mine, such as
brakeman, bratticeman, eager, carpenter, door tender, driver, electrician, motorman, pump man, timberman, trackman, inside laborer, miscellaneous.

Table 12 shows the total turnover, irrespective of occupation, in
each of the 33 districts, the Fairmont field being designated as district
No. 7.
T able 12.—LABOR TURNOVER IN 33 BITUMINOUS COAL DISTRICTS IN 1921, BY

DISTRICTS.

Dis­
trict
No.

District.

Aver­
age
Num­ num­
ber of ber on
mines.
pay
roll.

1
5
2
3
4
6
15
14
26
16
17
13
9
10
8
12
11
7
19
20
21
22
23
24
25
27
18
29
14
32

Central Pennsylvania____________
Northwestern Pennsylvania______
Somerset (P a.)............................. . . .
Westmoreland (Pa.).........................
Connellsville (P a.)...........................
Cumberland-Piedmont (M d .)_____
Southern Appalachian (K y .)______
Northeastern Kentucky__________
Western Kentucky_______________
Tennessee_________ _____________
Alabama-Georgia________________
Virginia ___________ ____________
Logan (W. V a.)__________________
Kenova-Thacker (W. Va.)________
Kanawha-Coal River (W. V a.)____
Pocahontas-Tug River (W. Va.)___
Winding Gulf-New River (W. Va.),
Panhandle-Fairmont (W. V a.)-----Northern Ohio_____ _____________
Southern Ohio........ .......... ..............
Indiana.........................................
Ulinois-Danville................................
Illinois-Central....... ..................... .
Illinois-Belleville.............. ...............
Illinois-Southern..................... .........
Iowa...................................................
Michigan.................. ........................
Oklahoma, Arkansas, Texas............
Kansas-Missouri_____ ____ _______
Colorado____ . . . ____ _________
Montana-Wyoming___________ _
30
Utah-New Mexico________ _____ _
31
23 Washington...................... ...............

50
40
23
36
23
28
9
32
13
13
17
13
10
5
22
12
10
64
33
12
33
11
9
12
14
31
6
12
28
42
22

14
6

11,431
8,612
3,086
6,436
4,097
2,974
1,108
3,891
2,381
2,556
5,051
2,485
1, 286
599
3,036
2, 434
1,814
6,904
5,252
1,711
7,602
3,394
3,105
3, 558
3,409
5,614
874
1,665
2,378
6,178
3,804
2,330
993

Separations.

Accessions.

Stable force.

Num­ Per Num­ Per
ber. cent.
ber.
cent

Num­ Per
ber. cent.

9,408
6,429
3,750
5,246
6,212
2,303
2,196
8,263
1,383
3,130
4,051
4,923
2,953
1,401
4,956
4, 770
2,684
7,115
3, 591
1,320
4, 768
1,611
2,002
2,428
2,036
4,279
265
826
2,072
7,746
3,998
3,221
504

82
75
121
81
152
77
198
212
58
122
80
198
230
234
163
196
148
103
68
77
63
48
65
68
60
76
30
50
87
125
105
138
51

10,808
8,505
3,883
6,044
6,864
2,601
2,428
7,372
1,817
2,844
3,958
4,343
3,227
1, 570
5,203
4,875
2,813
7,642
4,137
1,648
5,874
1,945
2,263
2,906
2,253
4,498
268
1,036
1,769
7,816
4,421
3,044
696

95
99
126
94
167
87
219
189
76
111
78
175
251
262
171
200
155
111
79
96
77
57
73
82
66
80
31
62
74
126
116
131
70

6,638
4,784
1,480
3,858
1,704
1,683
367
1,439
1,232
1,298
3,011
995
315
114
1,172
786
840
3,452
3,222
993
4, 552
2,336
2,003
2,266
2,247
3,232
719
1,098
1,361
2,773
1,981
955
652

58
56
48
60
42
57
33
37
51
51
60
40
25
19
39
32
46
50
61
58
60
69
65
64
66
58
82
66
57
45
52
41
66

For purposes of reference the 33 districts are here classified as to
whether they are dominantly union, dominantly nonunion, and equally
mixed or balanced:
N O N U N IO N .

Somerset (Pa.).
Westmoreland (Pa.).
Connellsville (Pa.).
Cumberland-Piedmont (Md.).
Logan (W. Va.).
Kenova-Thacker (W. Va.).
Pocahontas-Tug River (W. Va.)
Virginia.
Northeastern Kentucky.
Southern Appalachian (Ky.).
Alabama-Georgia.
Utah-New Mexico.
Colorado.
M IX E D .

Winding Gulf-New River (W . Va.).
Tennessee.




U N IO N .

Central Pennsylvania.
Northwestern Pennsylvania.
Panhandle-Fairmont (W. Va.).
Kanawha-Coal River (W. Va.)
Northern Ohio.
Southern Ohio.
Indiana. .
Michigan.
Ulinois-Danville.
Illinois-Central.
Illinois-Belleville.
Illinois-Southern.
Western Kentucky.
Iowa.
Kansas-Missouri.
Oklahoma, Arkansas, Texas.
Montana-Wyoming.
Washington,

64

LABOR RELATIONS IN THE W EST VIRGINIA COAL FIELD.

Table 12 shows that all separations for the Fairmont field were
103 per cent of the average number on the roll for the year. That all
of these separations had to be replaced— and therefore actually con­
stituted turnover—may be seen from the fact that the total accessions
were larger than the total separations, to wit, 111 per cent of the
average employed. The percentage of the actual stable force for the
field was 50— that is, all the turnover took place in one-half of the
force.
As may be seen from the table, the labor turnover of the Fairmont
field is somewhat higher than that in most of the other unionized
districts. Only two unionized districts (Nos. 8 and 30) have a higher
turnover percentage, to wit, 163 and 105, respectively. A compari­
son of the relative strength of the stable part of the force of these two
districts shows the following: District No. 8, 39 per cent, and district
No. 30, 52 per cent. Although the turnover in the Fairmont field is
somewhat smaller than in the two other districts mentioned, Fair­
mont has a stable force proportionately larger (50 per cent) than dis­
trict No. 8 and about the same as district No. 30. The table also
shows that the shifting of labor is much less rapid in the Fairmont field
than in most of the nonunion districts and that the stable force is
greater.
Table 13 shows labor turnover in each of the 33 districts by occupa­
tional groups.
T

a b l e

1 3 .—

LABOR TU RNO VER IN 33 BITUMINOUS COAL DISTRICTS, 1921, B Y OCCUPA­
TION AL GROUPS.
Per cent of labor turnover.
District.

Central Pennsylvania------ -----------------------------------Northwestern Pennsylvania-------------------------------- Somerset (Pa.).................................................... .........
Westmoreland (Pa.)— ---------- ------ ------ ---------------Connellsville (Pa.). - - ----------------- ------------------------Cumberland-Piedmont (A id.)_____________ ______
Southern Appalachian (K y .)....... ......... .............. ......
Northeastern Kentucky.............. ................................
Western Kentucky-------------------------------------------- Tennessee.................................. .............. .....................
Alabama-Georgia............................... ..........................
Virginia........................................................ ................
Logan (W . V a .).— ------ ------------- -----------------------Kenova-Thacker ( w . V a .)-----------------------------------Kanawha-Coal River (W . Va.)----------- -----------------Pocahontas-Tug River (W . Va.)---------------------------Winding Gulf-New River (W . Va.)..................... ......
Fairmont (W . Va.).......................................... - - .........
Northern O h io .....................- .....................................
Southern Ohio__________________________________
Indiana...................................................... - ........... .
Illinois-Danville---------------------------- -------------------Illinois-Central----------- ------------- -------------------------Illinois-Belleville------------- ----------------------------------Illinois-Southern-------- ----------------------------------------Iowa__-------------- ---------------- ------------------------------Michigan......................— ------ ---------------------------Oklahoma, Arkansas, Texas------ --------------------------Kansas-Missouri------------ -------------- ---------------------Colorado.......................................................................
Montana-W yoming........................ ........................... .
Utah-New Mexico.......... ..............................................
W ashington........................................ .........................




Pick
miners.
108
78
124
80
168
79
294
280
101
116
75
157
295
300
140
137
234
108
33
53
64
68
68
60
79
11
51
97
129
131
163
51

Machine Loaders.
miners.
59*
52
104
49
152
124
97
35
163
51
122
209
270
86
190
150
98
46
48
50
36*
35
48
59
92
22
94
40
123
57
61

86
87
152
105
201
111
229
226
52
176
76
198
213
220
190
233
134
116
73
90
55
33
61
69
73
76
28
62
98
163
100
143
50

Inside
day­
men.
57
54
96
61
111
61
179
203
68
67
82
177
232
249
156
192
154
86
65
62
76
41
76
82
53
71
36
38
64
87
87
123
41

Outside
day­
men.
74
61
97
78
137
89
206
199
56
116
97
279
271
221
136
175
138
98
64
49
100
44
49
40
28
76
37
49
66
122
88
110
59

65

TH E UNIONIZED PART OF THE FIELD.

Table 13 shows that the greatest turnover in the Fairmont field
takes place among pieceworkers—miners loading coal on a tonnage
basis. As compared with a 116 per cent turnover for this group,
the turnover for inside daymen ana outside daymen— time-workers—
is 86 and 98 per cent, respectively. The most stable part of the force
is therefore the group of inside daymen. This group constitutes the
ermanent maintenance force of each mine, a force which is kept
usy in assisting to run the mine and in maintaining it while it is
not running. The turnover is somewhat smaller among machine
miners than among miners using picks, the percentage being 98 and
108, respectively.

K

TURNOVER IN THE FAIRMONT COAL FIELD.

Table 14, also taken from the above-mentioned report of the
United States Coal Commission, shows for 64 mines of the Fairmont
field, by mines, changes in personnel, irrespective of occupation and
by occupation.
T able 14.—CH ANGES IN PER SONNEL IN 64 M IN ES IN T H E F A IR M O N T C O AL F IE L D ,
1921, B Y A V E R A G E N U M B E R ON ROLL.
Per cent of average number on roll for year.

Average number
on roll.

Under 60________

60 to 99__________

100 to 149________

No.

11
2
3
4
6
6
»7
18
19
10
11
12
13
14
16
16
17
18
19
20
21
22
23
1 24
26
26
27
28
29
30
31
32
33
34
36
36
37
38
39

Nonunion mine.




All
sepa­
ra­
tions
from
roll.

Com­
plete
sepa­
ra­
tions.

107
91
119
96
200
193
133
242
169
158
19
31
14
41
123
10
60
29
40
178
17
82
147
266
158
63
13
199
102
47
65
81
201
66
320
172
217
102
65

93
52
54
79
146
131
106
212
136
146
14
29
14
31
109
10
57
24
34
129
17
69
125
225
131
60
8
93
94
44
46
76
187
54
232
130
187
77
59

New men
Turnover in occupational
groups.
hired.
Reemployed
dunng
Num­ Total Stable
Daymen.
year
ber acces­ force.
(one or
Pick Ma­
left sions.
Num­
chine
Load­
more
min­
on
ers.
times). ber. roll
ers. min­
In­ Out­
ers.
Dec.
side. side.
31.
13
39
65
18
54
62
27
30
33
12
5
2
0
10
14
0
3
5
6
49
0
13
22
31
26
3
5
106
8
3
19
5
14
11
87
42
29
25
5

193
100
92
79
100
224
94
139
218
73
9
11
4
33
79
2
66
32
14
179
4
92
103
197
164
46
52
57
63
69
49
90
292
51
197
132
98
17
90

120
57
27
46
18
76
39
42
79
22
9
9
2
27
28
0
48
24
6
96
4
45
66
77
90
29
51
29
32
51
35
58
126
34
40
30
13
12
53

207
139
158
96
154
286
121
170
251
85
14
13
4
43
93
2
69
37
20
228
4
105
125
229
190
49
57
163
71
72
68
94
306
61
285
174
127
42
96

27
0
30
100
31
400
100
46
129
25
100
100
10
100
42
163
27
278
21
187
44
170
86
0
33
84
60
25
96
0
0
67
80
0
42
0
98
15
0
64
33
133
70
0 . 33
83
50
16
233
220
22
90
0
53
167
50
33
233
26 1,060
250
19
200
62
75
75
62
16
22
200
56
63
88
163
59
22
57
43
0
56
88
100
7
229
60
55
36
12
820
257
28
250
0
27
161
256
200
66
30
48
65
50

125
80
93
180
236

27
39
21
36
158
9
52
46
44
186
14
78
87
197
129
115
204
107
58
139
86
200
86
298
196
255
114
86

100
75
100
38
325
200
143
183
100
150
12
15
21
67
46
0
75
12
41
145
13
116
94
20
147
31
11
24
97
46
44
67
203
54
275
180
231
106
50

150
140
250
67
283
100
43
125
100
0
20
0
13
17
20
0
14
13
60
33
100
253
150
290
17
8
212
69
18
61
85
160
44
194
106
108
83
86

66

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD.

T able 1 4 .— CHANGES IN PERSON N EL IN 64 M INES IN TH E F A IR M O N T COAL FIELD,

1921, BY A V E RAG E N U M BE R ON ROLL—Concluded.

Per cent of average number on roll for year.

All
Average number Mine sepa­
No.
on roll.
ra­
tions
from
roll.

150 to 199.

200 to 299..

300 to 624 2.

140
41
42
43
44
45
46
47
48
49
i 50
51
52
53
54
55
56
57

103
140
199
76
44
84
82
77
91
65
59
61
38
53
96
85
222
89

Com­
plete
sepa­
ra­
tions.

New men
Turnover in occupational
hired.
groups.
Reemployed
Day men.
Num­ Total
during
ber acces­ Stable
year
Ma­
(one or Num­ left sions. force. Pick chine Load­
on
min­ min­ ers. In­ Out­
more ber.
roll
ers. ers.
times).
side- side.
Dec.
31.

77
123
179
68
37
73
74
63
83
54
41
51
32
43
83
71
172
79

25
17
21
8
7
10
8
14
8
11
18
10
7
9
14
14
50
10

108
84
220
61
71
66
88
67
93
54
75
56
50
57
74
80
233
92

iNonunion mine.

51
60
82
43
50
39
52
37
41
28
40
34
34
35
37
44
82
50

134
101
241
68
78
76
96
80
101
65
93
66
57
66
88
94
283
103

42
37
23
61
51
62
56
63
53
64
51
63
67
60
55
52
31
47

114
191
200
55
53
71
47
100
70
27
73
71
35
46
123
61
190
112

56
169
53
12
89
89
25
106
150

145
228
102
47
99
85
103
122
60

82
20
44
96
83
254
151

62
55
65
93
67
210
76

77
75
188
77
52
59
79
48
, 48
61
26
55
30
28
102
98
179
82

0
277
54
77
47
68
73
47
84
52
32
58
27
79
68
129
361
51

2 One mine in this group above 350.

The changes in extent of turnover between 1920 and 1922 in 35
mines scattered throughout the Fairmont field, all under the direction
of one corporation, has been studied, and Table 15 shows for this
group the total labor turnover, as well as the labor turnover by
occupation, for each of the three years.
T

a b l e

1 5 .—LABOR TU RN O VER IN A GROUP OF 35 M INES IN THE F A IRM O N T COAL

FIELD, 1920 TO 1922, BY OCCUPATION AN D CAUSE OF SEPARATION.

Occupation.

Quit.
Total.
Average Transferred. Discharged.
number
on roll. Num­ Per Num­ Per Num­ Per Num­ Per
ber. cent. ber. cent. ber. cent. ber. cent.

1920.

Pick miners_____ ____________ ____ ___
Loaders....... ....... ............ ..........................
Machine miners................ ........................
Inside daymen..........................................
Outside daymen. ^........... ..........................
Shot firers............................ . . . ...............

2 52
1 ,4 0 1
3 00
1 ,1 8 3
745
17

28
194
20
95
46

11
14
7
8
6

2
38

1
3

67
34

6
5

All occupations........... ............ .........

3 ,8 9 8

383

10

141

350
1 ,7 2 5
308
1 ,1 8 5
653
8

4
39
5
18
12

1
2
2
2
2

4 ,2 2 9

78

Pick miners............... ......... ......... ............
Loaders............................. ........ ....... .......
Machine miners..........................................
Inside daymen............ ...............................
Outside daymen______________________
Shot firers_____ ________ _____________
All occupations___ ___________
Pick miners............... ............ ..................
Loaders......... ................ .... ......................
Machine miners____________ _________ _
Inside daymen..........................................
Outside daymen................. .......................
Shot firers................................................. .

471
1 ,7 2 8
309
1 ,0 6 0
550
15

All occupations...................... ...........

4 ,1 3 3

Less than one-half of 1 per cent.




3 13
3 ,2 0 1
173
1 ,4 8 2
531
5

124
228
57
125
71
29

3 43
3 ,4 3 3
193
1, 6 44
611
5

136
2 45
64
139
82
29

4

5 ,7 0 5

146

6 ,2 2 9

160

4
39
4
47
20

1
2
1
4
3

3 88
2 ,0 1 6
203
9 53
553
1

111
117
66
80
85
13

396
2 ,0 9 4
212
1 ,0 1 8
585
1

113
121
69
86
90
13

2

114

3

4 ,1 1 4

97

4 ,3 0 6

102

34
2

2
1

4

0)

108
111
76

6
11

1
2

1

0)

508
1 ,9 1 5
236
615
181

58
33

508
1 ,9 5 3
238
622
192

108
113
77
59
35

53

1

5

0)

3 ,4 5 5

84

3 ,5 1 3

85

SAFETY AND WELFARE WORK.

67

The total turnover in 1920 was 160 per cent; in 1921, 102 per cent;
and in 1922, 85 per cent. This shows a gradual diminution in the
extent of labor turnover for the entire group of mines. The extent
of turnover in 1922 was approximately one-half of the 1920 turn­
over, but labor turnover in American industry in general decreased
during this period. As a rule, the largest shifting of labor occurs
when labor is scarce, which was the case in 1920. The deflation
which appeared in the middle of 1920 manifested itself most sharply
in 1921, when the turnover dropped from 160 to 102 per cent, and it
went still farther down in 1922, dropping to 85 per cent.
Table 16 summarizes the detailed information of Table 15.
T able 16.—PER CENT OF LABOR TURNOVER IN A GROUP OF 35 MINES IN THE

FAIRMONT COAL FIELD, 1920 TO 1922, BY OCCUPATION.

r------- -■■■■.

,—3T.

—- 7—

'.............. ....... ...... .:.

Occupation.

1920

1921

1922

Pick miners........ ........................... ................................ .......................... .
Loaders_______________ _______ _______________________ _____ _______ _
Machine miners_____________________________ _____ ______ __________
Inside daymen_________ ______ _____ ____ _______________ _________
Outside daymen.................... ........... ..................................................... ......
Shot firers................................. ......................................................... ...........

136
245
64
139
82
29

113
121
69
86
90
13

108
113
77
59
35

All occupations______________ ____________ ___ ___________ _____

160

102

85

The largest reduction in turnover is shown by loaders (men work­
ing on a tonnage basis) and inside and outside daymen. The turnover
of loaders, which was 245 per cent in 1920, fell to 121 per cent in
1921 and to 113 per cent in 1922. The turnover among inside day­
men was cut more than half— from 139 per cent in 1920 to 59 per cent
in 1922. A similar reduction took place among the outside daymen,
from 82 per cent in 1920 to 35 per cent in 1922. Only one group, a
very small one at that, shows increased turnover between 1920 and
1922. The turnover among machine miners— the best paid men in
the mining industry— increased from 64 per cent in 1920 to 69 per
cent in 1921 and to 77 per cent in 1922. Apparently good machine
miners are scarce even in periods of business depression.
The rather great reduction in labor turnover in the 35 mines cov­
ered by this special study is due, to a considerable extent, to the mod­
ern methods of employment management and the great variety of
efforts employed by the corporation controlling these mines to make
life in its mining communities as safe and pleasant as possible. The
company maintains an elaborate corps of safety engineers and service
experts. It carries on many welfare activities and furnishes its em­
ployees, at very low cost, with expert medical attention. It employs
a special service manager, one of his many duties being to provide
each mining family with a plot of ground to till during leisure hours.
SAFETY AND WELFARE WORK.

The following resume of the activities of the employment depart­
ment of this corporation in matters pertaining to safety, health, edu­
cation, recreation, and sanitation, is of interest because of the num­
ber of men employed in its 35 mines in the Fairmont field.




68

LABOR RE LA TIO N S I N

THE

W E S T V IR G IN IA COAL F IEL D .

SAFETY METHODS.

The accident hazard is reduced by frequent inspections by compe­
tent engineers, by systematic tests of the gas and moisture contents
of mine air to anticipate dangerous conditions, by mechanical guard­
ing, and by educational safety measures carried on through safety
committees, safety rallies, and bulletin boards, and other specific
safety instruction carried on by the department of safety among the
mine officials and employees.
Inspection.—At intervals of about a month, inspections of each
working place, the roadways, traveling ways, and other places where
danger may exist, both inside and outside of the mine, are made by
experienced inspectors, who report on the general condition of the
mine as to ventilation, drainage, haulage, timbering, and electric
wiring, and in detail upon any dangers observed, and make necessary
recommendations. These reports are sent to the general manager and
then to the superintendent of the mine for such attention as may be
necessary. In case of unusually dangerous conditions or matters
needing immediate attention, the inspectors may deal directly with
the mine officials.
In addition to daily examinations by fire bosses of gaseous mines,
a systematic watch is kept by sampling the air on the return from
each air split and on the mam returns for the mine, together with
measurements of temperature, relative humidity, and volume of the
air on both the intake and return sides. A very accurate analysis
of the samples is made, the percentage of explosive gas being deter­
mined to within one one-hundredth of 1 per cent, ana a report made
of the results of the tests. These reports go to the general manager,
and to the superintendent for his information and action.
Fire and accident prevention.— Particular attention is given to the
prevention of mine fires. The following are some of the preventive
measures used:
Fireproofing of permanent pumping stations, whether of small or large capacity.
Shielding of inflammable material, such as coal and timbers, by metal shields
between such material and the electric motors.
Use of automatic starting devices and fuse on stationary motors for pumps,
etc.
Use of automatic circuit breakers on branch electric power lines in the larger
mines, so as to break the circuits up into smaller units which will open auto­
matically in case of short circuit.
Use of permissible explosives, fired to a large extent by means of electric
detonators.
The explosive dust hazard is reduced by loading out of coal cuttings and road
cleanings, and by keeping the mine moist through the use of steam in the intake
air during the winter months or by sprinkling with water carts.
Trolley wiring, when sufficiently low for a man to come in contact with the
wire, is guarded at points where the men regularly pass under it.

Haulage, timbering, drainage, and general methods and systems
of mining are given practical consideration from the point of view
of safety, that the width of entries, rooms, and pillars may provide
the greatest possible safety and yet permit of a high percentage of
recovery of the available coal.
Education.—A separate department, known as the department of
safety and consisting of a director of safety and an assistant, devotes
its entire time to accident prevention, first-aid, and mine-rescue
instruction, and to creating and maintaining interest in safety work




SAFETY AND WELFARE WORK.

69

among officials and employees. Group meetings of officials and
employees for the discussion of safety are held. A central safety
committee, composed of the general managers and heads of general
departments, meets at least once a year, and general meetmgs of
superintendents take place monthly, upon call, in which matters
of a general nature, such as fire prevention, are considered. Mine
safety committees, composed of representative employees and offi­
cials, meet at monthly intervals for the consideration of local safety
problems. Safety rallies, motion pictures, lectures, bulletin boards,
and safety calendars are some of the means utilized to stimulate
interest in safety among the employees. Accident prevention is
featured in the company monthly magazine, the following informa­
tion for the current month, for the preceding quarterly periods of
the year, and for the same periods in the preceding year being shown:
Total number of accidents; number of accidents causing disability
of one day or more; number of accidents incurring compensation
costs; amount of compensation incurred; cost of compensation per
ton; tons produced for each disability accident; number of fatalities;
and tons produced per fatality. A record of all accidents, classified
by causes and mines and by months and years, is kept by the safety
department. The monthly statistics for the year and a five-year
comparison are printed each year in the company magazine.
Classes in first-aid work are held at each mining center and at
most of the outlying mines at intervals of about a year; opportunity
is given to all employees to attend and materials for practice are
furnished. First-aid pocket packets for first-aid men and large
metal cabinets for the mines, containing at all times complete firstaid equipment for dressing injuries, are furnished.
A mine-rescue station having five full sets of apparatus is main­
tained at Fairmont, convenient to all the mines. The apparatus
is kept in repair and ready for use and an efficient and well-trained
rescue crew is ever ready.
Extent o f safety activities.— Table 17 shows the extent of the safety
activities heretofore described:
T able 17.—SA F E T Y A C T IV ITIE S OF A LAR GE COAL C O M P A N Y IN T H E F A IR M O N T
FIE L D , 1918 TO 1922, B Y Y E A R S.

Safety committee
meetings.

Inspections by—

Safety rallies.2

Year.
Mine
inspec­
tors.
1918.....................................................................
1919.....................................................................
1920.....................................................................
1921.....................................................................
1922.....................................................................

1Inspections included analyses of mine air.

607
453
315
332
309

Gas
inspec­
tors.1

Number.

1,083
1,318
1,440
1,389
1,286

90

100
125
162
90

Total
attend­
ance.
540
759
1,634
1,453
435

Number.

Total
attend­
ance.

14

2,450

15

4,970

8

1,200

* With motion pictures and special speakers.

WELFARE WORK.

Health.— Six registered trained nurses, known as visiting nurses,
are employed for full-time duty and devote their entire attention to
general community work, nursing visits, and such bedside nursing as




70

LABOR RE LA TIO N S I N

THE

W E S T V IR G IN IA COAL FIEL D .

emergencies demand. Their principal duties, however, relate to
general community work, sanitation, disease prevention, and educa­
tion in hygiene. These nurses have a regular schedule of visits in
addition to answering all calls for their services. The magnitude of
the service performed by these visiting nurses may be seen from
Table 18.
T able 1 8 .—N U M B E R OF VISITS M A D E B Y VISITIN G NURSES OF A L AR G E COAL
C O M P A N Y IN T H E F A IR M O N T FIELD , 1918 TO 1922, B Y Y E A R S.

Nursing
visits.

Year.

1918
_____________ ___________ _
1919 . . _______ ________ ______________
1920________________ _____________________
1921_______ ____ _________________________
1922.....................................................................
Total_________ __________ ______

Instructive
visits.

Social
visits.

School
visits.

Total.

4,745
4,393
4,192
5,153
6,329

3,134
6,018
6,997
7,417
8,831

3,910
1,166
2,771
3,524
3,336

91
95

11,844
11,624
13,971
16,185
18, 591

24,812

32, 397

14, 707

299

72, 215

55
47

11

During the same period the nursing staff, assisted by the medical
staffs at the various mining communities, also performed the following
duties:
T

a b l e

1 9.—A C T IV ITIE S OF N U R SIN G A N D M E D IC A L STAFFS OF A L A R G E CO AL
C O M P A N Y IN T H E F A IR M O N T F IE L D , 1918 TO 1922, B Y Y E A R S .

Year.

1918 _________________________
1919 ___ ____ ________________
1920___________________________
1921
_____________________
1922.................................. ...........
Total________ ____ _____

Field
cases.

Office
cases.

Meet­
ings at­
tended.

Special
duty.

172

Office
dress­
ings.

Field
dress­
ings.

Total.

570
96
268
813
961

901
134
252
720
327

31
125
125

9
24
48

1,035
357
352
863
536

245
900
877

2,678
607
1,157
3,445
2,874

2,708

2,334

473

81

3,143

2,022

10, 761

20

Recreation.— The corporation maintains and operates nine recrea­
tion buildings. Five of these contain auditoriums, having a com­
bined seating capacity of 3,774, in which good motion pictures are
shown three times each week at a nominal admission price. All
recreation buildings are equipped with pocket billard tables (26 in
all) and with facilities for dispensing refreshments. The larger
buildings have commodious lobbies, in which informal dances and
other gatherings are held, and separate space is provided for meet­
ings oi various kinds. The buildings also contain barber shops and
rest rooms.

The company has provided and maintains nine well-equipped free
playgrounds for children. Baseball diamonds are maintained at
almost every mine, there being 12 baseball teams in the division.
At two of the larger mining groups, out-of-door basket-ball courts
equipped by the company are supported, and at many of the mines
tennis courts are kept up.
Company magazine.— The company issues a monthly magazine
which is distributed to all employees free of charge. The contents
consist almost exclusively of articles and news items contributed by




N O N U N IO N

71

COLLECTIVE BA R G A IN IN G .

employees. The editorial policy is largely educational and bids for
cooperation and good will.
Cost o f welfare work.— To maintain its welfare activities the cor­
poration has spent over one-quarter of a million dollars during the
live-year period 1918 to 1922. Table 20 shows the cost of these
activities, by type of specific service rendered:
T able 2 0 .—COST OF W E L F A R E A C T IV ITIE S OF A LA R G E COAL C O M P A N Y IN T H E
F A IR M O N T FIE L D , 1918 TO 1922, B Y Y E A R S .

Year.

1918
1919
1920
1921
1922

Health.

Garbage
and san­
itation.

Care of
toilets.

Educa­
tion.

Out-ofdoor rec­
reation.

Public­
ity and
com­
pany
maga­
zine.

General
commu­
nity
work.

Operat­
ing rec­
reation
build­
ings.

Total.

$389.72 $44, 510. 80
$7,
759.18 $11,138.82 $4,684.50 $1,845. 68 $4,043.14 $13,471.84 $1,177.92
.....................
553.86 6,466.73 1,714.02 1,908. 58 44, 985. 37
8,808. 82 7,121. 75 5,056. 29 13,355. 32
.....................
685.90
375. 71 10,377.71 5,632.10 2,913. 45 52,270.62
11,266.
62 14,182.19 6,836.94
____________
148. 42 3,401. 90 8,193. 67 2,550. 63 3,165.92 73,507.12
12,429.
53 35,872. 24 7, 744.81
____________
319. 01 6, 370. 96 2,173. 92 12,684.10 50,139.32
447. 42
11,864:87
.....................8,496. 88 7, 782.16

Total. 52,129.02 76, 811. 88 32,104. 70 16,482. 74

8,693.62 44, 880.91 13, 248. 59 21,061. 77 265, 413. 23

NONUNION COLLECTIVE BARGAINING.
The plan of nonunion collective bargaining here described covers
about 15 mines located in West Virginia, Maryland, and Pennsyl­
vania, and owned by one company. The system is based upon a
collective agreement between the company and its employees, with­
out any participation by the United Mine Workers of America, the
employees being represented by committees selected by themselves.
HISTORY OF LABOR RELATIONS.

The company has never officially dealt with the United Mine
Workers. Prior to 1916 the company operated its mines on an
individual bargaining basis. On the 1st of June, 1916, the company
put into operation in all of its properties a plan of “ industrial rep­
resentation” for its wage-earning employees, providing for collective
bargaining. Under this plan the workers at each mine were to be
represented by a so-called industrial committee of three. This
committee was to take up all grievances with the superintendent.
Failing to agree, the committee was to take up the grievance with
the general manager. Controversies upon which no adjustment
could be reached between the employees’ committee and the man­
agement were to be referred to arbitration. This plan was in force
until 1918, when, by special agreement, it was superseded on July 1,
1918, by the United States Fuel Administration basic agreement of
May 15, 1918, for Maryland and the upper Potomac coal fields.
The Fuel Administration basic agreement was put into force
under the following notice, posted by the company on July 1, 1918:
To the employees of th e -------Coal & Coke C o.:
In view of the fact that a basic agreement for Maryland and the upper Poto­
mac coal fields was submitted and accepted by the employees and the employers
of these fields and approved May 15, 1918, by H. A. Garfield, United States
Coal Administrator, for the period of the war, and in any event for at least two




72

LABOR R E LA TIO N S I N

T H E W E S T V IR G IN IA COAL F IE L D .

years from May 15, 1918, and thereafter, subject to revision upon 90 days
notice by either of the parties, t h e -------Coal & Coke Co. for itself agrees that
it will accept any portion of said basic agreement as may be desired by its em­
ployees in substitution of any of the provisions of its industrial representation
plan of June 1, 1916, during the period that such basic agreement is in effect,
and in the adjustment of industrial differences or disputes its employees shall
have the option of proceeding either under the industrial representation plan
of June 1, 1916, or the basic agreement of May 15, 1918.

When the Fuel Administration agreement expired, a new agree­
ment was put into effect, December 11, 1920. This agreement
covered the company’s mines, as a part of the upper Potomac and
Georges Creek regions, and was made “ by and between the coal
companies and individuals operating coal mines in the upper Po­
tomac regions in Maryland and West Virginia, and in the Georges
Creek regions in Maryland, hereinafter referred to as ‘ operators’ or
1employers,’ parties of the first part, and their 1employees/ herein­
after referred to as ‘ employees’ or 1miners,’ parties of the second
part.” The United Mine Workers of America was not a party to
the agreement.
From all the documentary evidence examined, it appears that this
company has never dealt with the United Mine Workers; that its
dealings were purely with committees of its own employees; and
that the basic Maryland agreement of the Fuel Administration was
specifically accepted by the company only for the period that such
basic agreement was to be in force, that is, during the war. The
notice given by the company on July 1, 1918, when the basic agree­
ment of the Fuel Administration was put into force, shows that on
the date of the expiration of the Fuel Administration agreement
the company was free to make whatever arrangement it pleased.
It chose to deal with its employees in the manner in which it had
dealt with them prior to the entry into the field of the policies of
the United States Fuel Administration—under the so-called indus­
trial representation plan of 1916, with some minor modifications.
The agreement oi December 11, 1920, expired on March 31, 1922.
A new agreement was then signed “ between the company, operating
coal mines in Maryland, Pennsylvania, and West Virginia, and its
employees,” effective November 16, 1922. The purpose of this
agreement, now current, as stated in its preamble, was “ to provide
a means for the adjustment of grievances and for communication
and conferences between the operators and employees,” as well ^s
“ to promote and maintain a spirit of cooperation between the
operators and employees, to the end that a better understanding
of the respective problems and duties, as well as the respect of the
general public, may be assured.” ' The principal features of the
plan are: (1) An employees’ committee at each mine, consisting of
three employees selected by the Employees of the mine; (2) an em­
ployees’ commissioner selected and paid by the employees to rep­
resent them, who devotes his entire time to the interests of the
workers; (3) an operator’s commissioner selected and paid b y the
operator as its representative in all labor matters; (4) a joint board
of review, consisting of three representatives of the company and
three representatives of the men; (5) an umpire, or arbitrator, to
settle difficulties upon which no adjustment can be reached.




N O N U N IO N

COLLECTIVE BA R G A IN IN G .

73

TEXT OF PRESENT AGREEMENT.

That the current agreement provides for collective bargaining may
be seen from its text, which is as follows:
A rticle I.
Section 1. P u rp o se. — (a) It is the purpose of this agreement to provide means
for the adjustment of disputes or grievances and for communication and con­
ference between the operator and the employees according to uniform procedure;
and
(b)
To promote and maintain a spirit of cooperation between the operator and
the employees, to the end that a better understanding of their respective prob­
lems and duties, as well as their responsibility to each other and to the general
public, may be assured.
Sec. 2. P rovisions f o r adm inistration.— For the administration of this agree­
ment there shall be, as hereinafter provided:
(a) An employees’ committee for each mine, consisting of three employees
elected from and by the employees of the mine.
(b) An employees’ commissioner selected and employed by the employees,
who shall devote his entire time to the interests of the employees.
(c) An operator’s commissioner selected and employed by the operator, who
shall devote his entire time to the interests of the operator.
(d) A joint board of review consisting of three employees and three officials of
the operator.
(e) An umpire.
Sec. 3. D efinitions. — (a) The term “ operator” shall be interpreted to mean
the owner, company, manager, or other official.
(b) The term “ employee” shall mean any person actively employed at or in
the mines, except superintendents, foremen, and those who direct the working
forces.
(c) The term “ committee” shall mean employees’ committee.
(d) The term “ commissioner” shall mean the operator’s or employees’ com­
missioner.
A rticle II.— E m p lo y ees ’ committee.
Section 1. E lection o f committees.— At the time of the acceptance of this
agreement by the majority of the employees at the meeting called at each mine
for that purpose, the said employees shall select tellers and proceed to elect by
secret ballot a committee of three from their number, which committee shall
serve for one year or until their successors are elected.
Sec. 2. E ligib ility . — Any employee who is a citizen or has declared his intention
to become a citizen of the United States, is 21 years of age or oyer, can speak the
English language, and who has been employed at that mine for not less than two
months immediately preceding the election, shall be eligible to the committee.
The committeeman receiving the highest number of votes shall act as chairman
of the committee and shall also act as the representative of the employees of the
mine at which he is employed at any joint meeting hereinafter provided for.
In case of a tie vote, seniority of service shall decide the election and chairman­
ship.
Sec. 3. A n n u a l election.— Regular annual meetings of employees for the
election of committees shall thereafter be held annually on the second Saturday
in January. The first such annual meeting, however, shall be held the second
Saturday in January, 1924.
Five days’ notice of the time and purpose of such meeting shall be posted by
the committee at the mouth of the mine or at the tipple. The place for such
meeting will be provided by the operator if request for same is made by the com­
mittee.
Sec. 4. V a ca n cies. — Vacancies on the committee caused by death, removal,
ceasing to be an employee, resignation, or any other cause shall be filled at a
special election to be called by the committee for that purpose.
All elections shall be by secret ballot.
A rticle III.— C o m m issioners .
Section 1. E m p loy ees’ com m issioner. — Within 10 days after the election of the
committees, the chairmen of the committees from all mines included in this




74

LABOR R ELATIONS I N

THE

W E S T V IR G IN IA COAL F IE L D .

agreement shall meet for the purpose of selecting and employing a competent
person to be known as “ employees’ commissioner,” who shall represent the
employees in the administration of this agreement and devote his entire time
to such duties. He shall have no other employment and shall not be connected
with any other interest. Vacancies by resignation or other cause shall be filled
in like manner as promptly as possible.
The employees* commissioner shall assist the employees and their committees
in all matters pertaining to this agreement, meet with the operator’s commis­
sioner for joint consideration of matters presented by the committee and super­
intendent and for submission of same to the manager and joint board of review
when necessary, and shall also be empowered to call upon the operator’s com­
missioner when, in the proper administration of this agreement, it is in his judg­
ment necessary.
Sec. 2. O perator's com m issioner. — The operator shall select and employ a
competent person to be known as “ operator’s commissioner,” who shall represent
the operator in the administration of this agreement and devote his entire time
to such duties. He shall have no other employment and shall not be connected
with any other interest. Vacancies by resignation or other cause shall be filled
in like manner as promptly as possible. The operator’s commissioner shall co­
operate with the employees’ commissioner and, representing the operator, shall
meet with the employees’ commissioner whenever requested, and shall also be
empowered to call upon the employees’ commissioner when, in the proper ad­
ministration of this agreement, it is in his judgment necessary.
Sec. 3. R epresentation at appeals. — At all appeals before the joint board of
review and umpire when necessary, each commissioner shall represent his re­
spective interests.
A rticle IV.— J o in t board o f review.

Section 1. Selection a n d election.— At the time of the meeting for the selection
of employees’ commissioner, the chairmen of the employees’ committees shall
select three persons from their own number who, with three officials of and
selected by the operator, shall constitute the joint board of review. Members
of this board shall serve for one year or until their successors are selected.
Sec. 2. V a ca n cies. — Vacancies on the joint board of review from any cause
shall be filled promptly in the manner above provided. Membership of the
joint board of review shall at all times be kept complete.
Sec. 3. Pow ers. — The joint board of review, hereinafter called “ board of
review,” thus constituted shall take up and consider any case referred to it as
provided by this agreement, hearing both parties to the controversy and such
evidence as may be laid before it by either party. Any award made by the
board of review shall be final and binding on all parties. The employees’ repre­
sentation shall have one vote and the operator’s representation one vote, making
it mandatory that a unanimous vote be arrived at to effect a decision or award.
A rticle V.— U m p ire.
Section 1. Selection. — The board of review shall have the power to select an
umpire, to whom shall be submitted any disputes upon which the board of
review has been unable to agree. If they can not agree upon a proper person
then the senior judge of the Federal district court shall be requested by the
board of review to make selection of a proper person.
Sec . 2. A p p ea ls to be subm itted i n w riting. — All appeals to the umpire shall be
submitted in writing and supported by a complete statement of facts as pre­
sented to and considered by the board of review, supplemented by such evidence
on the point in controversy as the umpire may request. No new questions may
be introduced before the umpire, except by unanimous consent of the board of
review.
Sec . 3. D ecision fin a l. — The decision of the umpire shall be final and binding
in all matters which may be referred to him, as provided by this agreement.
A rticle V I.— A d justm en t o f disputes.
Section 1. Comm ittee.— It shall be the duty of the committee to receive
from any employee or employees such matters of dispute, grievance, or mis­
understanding as the employee or employees affected have been unable to
adjust with the foreman and superintendent, with whom the matter in dispute
shall be taken up before reference to the committee. If the committee fails to




NONUNION COLLECTIVE BARGAINING.

75

adjust with the foreman and superintendent the matter complained of, the same
shall be submitted promptly to the employees’ commissioner, as hereinafter
provided. The committee, however, shall not take up for discussion any such
matters during working hours.
Sec. 2. Record and commissioners .— In cases where the superintendent and
committee have failed to agree, a joint statement of facts of the matter in dispute
shall be drawn up and signed in duplicate by the superintendent and the com­
mittee for permanent record, the committee to refer one copy to the employees’
commissioner and the superintendent to refer one copy to the operator’s com­
missioner, as hereinafter provided.
Sec. 3. M anager , board o f review, and um pire.— If the commissioners, after
reviewing the case with the complainant, committee, foreman, and superintendent,
fail to secure an adjustment, they shall place the matter before the manager or
executive official, and, failing then to secure an adjustment, shall refer same to
the board of review and to the umpire if necessary, as hereinafter provided.
The joint statement referred to the commissioners by the committee and
superintendent shall be used by the commissioners in presenting the case to the
manager or other official and, if necessary, to the board of review and umpire.

A rticle VII.— Suspension o f operations.
It is the spirit of this agreement that no suspension of operations either by
lockout or strike shall be necessary under its provisions, and operator and em­
ployees mutually agree that none shall take place, and in no case shall any
question be taken up for adjustment during any suspension of operations in
violation of this agreement.

A rticle VIII.— A pp ea ls and decisions.
Discharge and suspension cases shall take precedence over other matters
which may be pending before the board of review, but any dispute which has
not been submitted to the board of review in the manner herein required within
30 days from the original presentation of the matter to the committee, shall be
automatically closed, except by mutual agreement of the commissioners.
All disputes submitted to the board of review, including final disposition by
the umpire, shall be disposed of within 30 days, except that in the discretion of
the board of review for just and sufficient reason the time may be extended.

A rticle I X .— Authority o f management.
The management, including the superintendent and foreman, shall not be
interfered with in the management and control of the operations and the direc­
tion of the working forces, including their authority to hire, suspend, or dis­
charge; but any employee who believes that in the exercise of such authority
or control he has been unfairly or unjustly treated, or discriminated against for any
cause, may bring his case up for consideration and adjustment, as herein provided.

A rticle X .— Reinstatement.
Discharged or suspended employees who have been sustained in an appeal
as provided by this agreement shall be reinstated under such terms as may be
agreed upon by the board of review or ordered by the umpire, but in no event
shall they be recompensed in greater amount than they would have earned and
received had they not been discharged or suspended.

A rticle X I .— Checkweighman.
Section 1. Provision.— A checkweighman, to be paid by the miners and elected
by them from among the employees at the mine, may be placed on each tipple
where coal is weighed, and his duties shall be those prescribed by laws of the
State. Three days’ notice of such election shall be posted at the mouth of the
mine or at the tipple by the committee, certificate of such election to be filed
with the foreman or superintendent immediately thereafter. Election of check­
weighman shall not be held oftener than once in every three months, unless
within that period the position of checkweighman becomes vacant.
Sec. 2. Compensation.— In order that provision for the regular payment of
the checkweighman’s wages may be made by the miners, the operator will




76

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD.

collect from such miners, as so designated by written order, their proportion on a
tonnage basis of the checkweighman’s wages and pay same over to the checkweighman. Each checkweighman shall be paid by the miners of the mine or
mines he serves.
A r t i c l e X II.— W ages a n d w orking conditions.
S e c t i o n 1. C ontinuation. — The rate of wages and the general working condi­
tions in effect at time of acceptance of this agreement shall continue until modified
or changed in joint conference, as hereinafter provided.
Sec . 2. Request f o r jo in t co nference. — Either party to this agreement, through
its commissioners, may request a joint conference between the operator’s and the
employees’ representatives for the purpose of considering requests for modi­
fication of wage rates or general working coriditions; and upon receipt of such
request from either party such joint conference shall be held in 10 days; provided,
however, such joint conference shall not be called oftener than once in any six
months’ period, except by mutual consent.
Sec . 3. C onsideration a n d decision. — In the consideration of all requests brought
before such joint conference, due weight shall be given their relation to produc­
tion cost and existing economic and competitive conditions. Decision shall
be reached by a majority vote of representatives of each party to the agreement.
Sec . 4. A p p ea l. — In the event of failure to agree, the matter shall be imme­
diately referred to the board of review by the commissioners, and if the board of
review fails to agree, the matter shall be submitted to the umpire.
Sec . 5 . L im it o f a p p ea l. — Appeals to the board of review and the umpire in
these matters shall, so far as possible, be held and final decision rendered within
20 days.
Sec . 6. Local or special agreem ents. — Local or special agreements may be nego­
tiated by and between the employees of any one mine and the operator, dealing
with a purely local or special condition at such mine. The adoption of such
local or special agreement at any one mine shall not make mandatory the adop­
tion of such agreement at any other mine. A copy of all such local or special
agreements shall be furnished to the commissioners/
A r t i c l e XIII.'— C om pensation.
S e c t i o n 1. (a ) E m p lo y ees’ committees.— Compensation and expense of each
employees’ committee shall be paid by the employees of the mine it represents.
(b) E m p lo y ees’ com m issioner. — Compensation and expenses of the employees’
commissioner shall be paid by the employees.
(c) O perator’s com m issioner. — Compensation and expenses of the operator’s
commissioner shall be paid by the operator.
(d) B o a rd o f review a n d u m p ir e .-— Compensation and expenses of the board of
review and umpire shall be paid jointly by operator and employees.
Sec . 2. A u d it o f accounts. — (a) The employees’ commissioner shall audit such
accounts as are to be paid by the employees and certify the same to the operator
for collection over the pay rolls from the employees, who hereby agree, authorize,
and direct the operator to deduct their pro rata share from any money or pay
that may be due them.
(6) The operator’s commissioner shall audit such accounts as are to be paid
by the operator and certify same to the operator for payment, as herein provided.
Sec . 3. P a y m en t o f fu n d s . — The amount collected over the pay roll for each
employees’ committee will be paid to the members of the committee by the
operator. Amounts collected for other purposes, as above designated, will be
paid to the employees’ commissioner to be paid by him to the proper parties.
Sec . 4. R eceipts a n d bonds.— The commissioners will be required to take proper
receipts for all moneys paid out by them in accordance herewith, and will be re­
quired to givd bond in amount necessary to the persons employing them.
A r t i c l e X IV .— Observance o f laws.

There shall be on the part of the operator and employees a strict observance of
the Federal and State mining laws.
A r t i c l e X V .— A m en d m en t o f this agreem ent.

This agreement may be amended or modified at any time by a majority vote
of each side present at a joint conference of the officials of the operator and




NONUNION COLLECTIVE BARGAINING.

77

representatives of the employees, to be called and held on 10 days' written notice
from either party hereto, provided the call for such joint conference sets forth
the amendment or modification desired.

In brief, the agreement provides for the following:
1. Collective bargaining in all matters pertaining to wages, hours, and working
and living conditions.
2. Professional representation for the employees through a labor commissioner
selected by them.
*
3. Joint board of conciliation.
4. An umpire to adjudicate cases coming to a deadlock in the joint board.
5. Employees' checkweighman.
RULES GOVERNING ADMINISTRATION OF AGREEMENT.

The rules and by-laws governing the administration of the agree­
ment, adopted at the first regular meeting of the joint board of
review, January 31, 1923, are as follows:
R u l e 1. The regular monthly meeting of the joint board of review shall be
held in the last week of each month, in the city o f------- , W . Va. Special meetings
shall be held when necessary, and shall be held upon written request made to the
secretary by the commissioners at such time and place as the commissioners
may designate.
R u l e 2. A majority of each side must be present in order to constitute a
quorum.
R u l e 3. In the event any member of the board of review should be com­
pelled to be absent from any regular or special meeting, the members of the side
to which he belongs may select an alternate in order to complete their member­
ship during the temporary absence of such member. The selected alternate
must be a chairman of the committee or an official of the company.
R u l e 4. The board of review shall elect one of its members as chairman to
preside at all meetings at which he is present and shall also elect one of its members
as secretary, who shall take the minutes of all regular and special meetings,
call meetings of the joint board of review when so instructed by the commissioners,
and perform such other duties as the board of review may designate.
In case the chairman or secretary should be absent from a regular or special
meeting of the joint board of review, the members present shall name one of
their number to act in such capacity at that meeting.
R u l e 5. The officers of the joint board of review shall be elected at the regular
meeting in January of each year, and shall hold office until their successors
have been elected and have assumed office. In case a vacancy occurs in any
office for any reason, an election to such office may be held at any regular or
special meeting.

*

*

*

*

*

*

*

R u l e 7. All cases referred to the joint board of review and pending must be

considered and, if practicable, disposed of before the final adjournment of each
regular meeting.
R u l e 8. Before any vote is cast in which a decision is involved, each side
shall caucus separately for the purpose of determining and authorizing how
their vote shall be cast.
R u l e 9. Any member of the joint board of review may, with the permission
of the chair, interrogate any witness or representative of any party appearing
before the joint board of review. No discussion, however, shall take place
between members on the merits of any dispute or grievance while any witnesses
are present, or while the joint board of review is not in executive session.
R u l e 10. In the hearing of witnesses before the joint board of review, all
witnesses who are to testify, except the one actually giving his testimony, shall
be excluded from the room. The board of review shall permit the principals
directly involved in the case to remain during the taking of testimony, although
they may also be witnesses.
R u l e 11. In all cases where the joint board of review has been unable to
reach a decision, the chairman shall notify the commissioners to prepare the
case for presentation to the umpire.
R u l e 12. Whenever a case is submitted to the joint board of review by the
commissioners or to an umpire for decision, copies of any briefs or statements

88793°—24t----- 6




78

LABOR RELATIONS IN TH E W EST VIRGINIA COAL FIELD.

submitted shall be filed with the joint board of review and placed with the papers
in the case. The commissioners, jointly, shall act as custodians of such docu­
ments.
R u l e 13. Any decision reached by the joint board of review shall be certified
to by the signature of the chairman and secretary of the joint board of review,
and the secretary shall send a copy of the same to parties involved in the case.
In discharge or suspension cases, the secretary may informally give notice of the
substance of the decision prior to the filing of the formal written decision of the
joint board of review.
•
R u l e 14. Any expenses in connection with the appearance of witnesses before
the joint board of review shall be borne by the party presenting the said witnesses.
However, the expense of any witness specially called before it by the joint board
of review shall be borne jointly by the parties to the agreement.

*

*

*

*

*

*

*

R u l e 16. All complaints and petitions presenting appeals to the joint board

of review for decision shall be made out and presented on the forms provided
by the joint board of review for that purpose, and the joint board of review may,
in its discretion, refuse to receive or entertain any petition or dispute not so
presented.
R u l e 17. Copies of the minutes of each meeting of the joint board of review
shall immediately be mailed by the secretary to each member of the board of
review. When cases presented to the joint board of review are not in proper
form, the secretary shall at once communicate with the parties, so advising
them, and stating in what respect irregularities exist.
-R u l e 18. All questions presented to the joint board of review shall be deter­
mined by a unit vote, the representatives of the employees jointly having one
vote and the representatives of the company jointly having one vote, making it
mandatory that a unanimous vote— namely, two votes— be given in order to
carry any motion.
R u l e 19. The commissioners shall be present at all meetings of the joint
board of review, and during the deliberations they shall act in an advisory capac­
ity for their respective sides.
R u l e 20. The joint board of review may amend, change, alter, repeal, or
add to these rules and regulations at any meeting at which a quorum is present.
ADJUSTMENT MACHINERY.

The following chart shows the course of a complaint from the
point of its origin, at the mine, to the final decision by the umpire.
The sequence is shown by the numbers in the circles.
C h a rt o f C o u r s e o f A p p e a l b y E m p lo y ees f o r
A d ju s tm e n t o f G r i e v a n c e a
E m p lo y e e
S u p e r i n te n d e n t

Forem enin i

a

^ E m p l o y e e s ’ C o m m itte e
|E m p lo y ee s ’ C o m m is s io n e r ^

2

r s ’ d o m m iss! o n e r I

M anagem ent
J o i n t B o a r d / g \ o f R e v ie w
UMPIRE

The course of adjustment of a grievance is as follows: An ag­
grieved employee, in the first instance, takes the matter up with his
foreman or superintendent and if no adjustment can be reached the
matter is referred to the employees’ committee. This committee then




NONUNION COLLECTIVE BARGAINING.

79

attempts to adjust the matter with the general manager. In case of
inability to agree, each party refers the matter to its commissioner, the
two commissioners then acting in a conciliatory capacity. If no ad­
justment can be reached by the commissioners, the matter is referred
to the joint board of review, consisting of an equal number of repre­
sentatives (usually three) from each side. Cases coming to a deadlock
in the joint board are submitted to an arbitrator. In case of inability
to agree upon the person of the arbitrator, the senior judge of the Fed­
eral district court is requested to appoint an umpire.
ADMINISTRATION.

Both the employees and the company realize that the success of
the agreement lies in its administration. Hence, special care has
been exercised by both sides in the selection of their labor com­
missioners. The labor commissioner for the company is a former
statistician for the United Mine Workers of America, a well-trained
man with extensive practical experience in mining and in dealing
with men, and with a liberal point of view. He served in an im­
portant capacity with the United States Fuel Administration during
the war. The representative of the employees is a former district
president of the United Mine Workers of America.
As to the attitude of the employees toward the agreement, the
employees’ commissioner says that the present agreement gives the
miners everything that collective bargaining through the union
would give them, and “ this is the reason the agreement has been
accepted by us.” The agreement, he says, protects the employees
in every way, and as long as it does protect them to the extent in­
dicated they will live up to it. If the company should follow a
course which does not represent bona fide compliance with the agree­
ment, he would be the first man to call a strike. “ I have not as
yet forgotten how to call strikes when necessary, and this statement
of .mine applies to the-------Coal & Coke Co. as it applied to operators
when I used to call strikes in my official capacity of district president
of the United Mine Workers.” This statement was made by him
in the presence of the labor commissioner for the company and the
general superintendent of the company’s mines.
At the present time the company is paying the existing union rate
of wages. According to the employees’ commissioner, some of the
rates paid by the company are higher than the union rates in the
district. Furthermore, as will be seen from a summary of the
joint report on the workings of the agreement on page 82, the 12-hour
day for power and station employees has been abolished by mutual
consent. This change shows the effectiveness of the work of the
employees’ commissioner, because under the present agreement
with the men the company did not have to agree to the change.
The labor commissioner for the company stated that the company
agreed to this change “ as a matter of decency” and not from the
point of view of the company’s specific rights.
The working agreement gives the men the right to place checkweighmen at each tipple, if they so desire. After the experience
with the checkweighmen described on page 82, the men decided
that no checkweighmen were necessary.




80

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD.

An inquiry into the operation of the employees7 organization
reveals the fact that its workings are not much different from the
workings of any union. Each mine has a committee of three, the
chairman being selected by popular vote of the miners. The chair­
men of the various mines of the company make up a sort of an execu­
tive committee for the employees. This committee selects the labor
commissioner. The latter is responsible for his actions and is sub­
ject to discharge and removal by this committee. Chairmen’s
meetings are called regularly every month, and more frequently
when necessary. At these conferences is voted the financial budget
of the organization. The conference instructs its labor commis­
sioner to communicate with the company regarding the collection
of the per capita tax which is to support the men’s organization. The
cost of the organization consists of the following items: (1) Salary of
the labor commissioner ($300 per month) and his traveling expenses;
(2) compensation and traveling expenses of the chairmen of local com­
mittees when attending to the business of the organization; (3) spe­
cial contribution to an accident relief fund, maintained by the men,
which is supplementary to State compensation; (4) the pro rata
share of the expenses in maintaining the joint organizations provided
for in the agreement, such as the joint board of review and the umpire.
Up to the present the total per capita cost of the employees’ organi­
zation in connection with the working agreement has been 35 cents per
month.
Important company officials, such as the general manager, the
general superintendent, and the chief engineer, are unanimous in
their approval of the present scheme of collective bargaining with
the employees. The general superintendent maintains that although
his powers have been greatly reduced with reference to labor since
the arrival of the labor commissioner, he feels that he is now in a
better position to attend to production. “ All I have to worry about
now,” he says, “ is the digging of coal, and I am glad not to be worried
about suspensions, discharges, wages, hours, and all other complaints
which I used to handle prior to the arrival of the present system.”
EXPERIENCE UNDER AGREEMENT.

The following is a brief resume of a joint report signed by the
respective labor commissioners, “ administrators of the working
agreement between th e ------ Coal & Coke Co. and its employees.”
During the six months’ period covered by the report, the scope of
activity of the commissioners was confined largely to educating both
the employees and their committees, as well as the management,
regarding the agreement and the benefits to be derived by both sides
by its proper administration. Meetings with mine officials and
employees were held at the different mines and the problems con­
fronting both sides were frankly stated and discussed. The natural
restraint which nearly always exists in the minds of the employees
when dealing with the management “ has, from our observation, been
largely removed.” The freedom of expression manifested by the
employees and the reciprocal attitude on the part of the mine officials
in reviewing and discussing matters of mutual interest at these open
sessions laid a good foundation for the successful administration of
the agreement.




N ONUNION COLLECTIVE BARGAINING.

81

The employees’ meetings were in all mstances well attended. The
employees’ commissioner presided, and, upon his invitation, the
employees brought to the attention of the commissioners several
bad practices in their plants which were detrimental to the interests
of the employees. The commissioners made notation of these mat­
ters for the purpose of later discussing them with the mine officials.
The commissioners were at first inclined to believe that employees
would hesitate or show reluctance in referring to conditions at their
lant, which needed to be remedied, but such was not the case, and
y reason thereof the commissioners became better acquainted with
conditions and practices in effect at the different mines. This
familiarity with actual conditions will, in the opinion of the com­
missioners, have a tendency to make their work much easier and more
effective.
Following the meetings with the employees, a meeting between the
commissioners and the company officials of each mine was arranged
for, and the bad practices complained of by the men were discussed.
The company officials expressed themselves as willing to do their part
toward remedying these conditions. After a reasonable length of
time had elapsed, the commissioners checked up on what had been
done by the mine officials at the different mines in eliminating the
objectionable practices. In every case the complaints had been
satisfactorily adjusted. It was very easy to see how bad conditions
had been allowed to grow until they became a cause of complaint
on the part of the men. Prior to the time the working agreement
went into effect, the mine officials at practically all the mines were
influenced by a desire to produce coal at the lowest possible figure; no
restrictions were placed upon the management limiting its authority
in dealing with the employees, and as a consequence the interest of
the employees invariably was lost sight of, resulting in the establish­
ment of conditions that appeared beneficial to the company but were
without question detrimental to the employees.
The following complaints were brought to the attention of the
commissioners and remedied:

E

1. The mine management was accused of being negligent in not maintaining an
equal distribution of mine cars; in other words, “ no thought was given toward
keeping a square turn.,,
2. Equal opportunity for work was not given employees working by the day
in their respective lines of work.
3.
Motor crews were holding check numbers on the coal and loading coal on
days the mines were idle, taking this work away from the miners.
4.
Motor crews on days the mines worked were placing a trip of empty cars in
certain sections of the mines preceding an idle day, and then would go into the
mines on idle days and join with the miners of that section in loading the empties.
This practice was unfair to the rest of the miners in the mine.
5.
Heading men and men on pillar work had a common practice of taking a
mule or motor in their place on idle days and hauling their own coal without extra
pay for such work. This special privilege was unfair to the rest of the men in
the mine.

Complaints 1 and 2 were settled by the management at the different
mines by arranging for an equal turn of cars to the miners, and an
equal opportunity for work for each classification of day workers.
At some of the mmes turn sheets are posted every two weeks showing
the number of cars each man loads.
A number of discharge cases were adjusted by the commissioners.
At one mine a discharged employee was reinstated in his former




82

LABOR RELATIONS IN THE WEST VIRGINIA COAL FIELD.

place of employment. Three other cases originated at the central
power plant of this company: (1) An employee in the power plant
was assigned to work on the ash larry, but refused to take the job
owing to what were found to be u extenuating circumstances/7and
after a period of 20 days7suspension he was reinstated in his former
place. (2) Two men were discharged for refusing to work in the central
power station in order to fill in when one of the engineers was off.
The men refused to go there because there was no understanding
as to their rates, and they were discharged. The case was settled by
the commissioners in favor of the men, who were reinstated with
back pay. (3) By joint agreement between the commissioners, the
12-hour day of two station employees was done away with.. A third
man was put to work to make an 8-hour shift possible. The case was
settled by a special local agreement providing for an 8-hour day and
the third man.
The commissioners made a special investigation of living condi­
tions at four mines. Suggestions were made to the superintendents
of the above plants regarding a number of leaking roofs and to the
effect that in some places the sanitary conditions were not what
they should be. The suggestions of the commissioners were carried
out.

Street lights were recommended and installed for two mining towns.
Electric wiring for lights was provided, at a nominal rate for all
employees requesting same.
The mine officials and committees of each plant were advised by
the commissioners to confer at regular intervals for the purpose of
considering matters of mutual interest.
The administration of the agreement at one of the mines turned
out to be very difficult because of the close proximity of a borough
where upward of 150 striking miners were located. Of the 150 men,
40 formerly worked for the company. These, according to the com­
missioners, “ were busy day and night, by fair or foul means, trying
to embarrass the output of the mines.77 The strike leaders were the
prime movers in working uf> sentiment among the miners employed
at these mines to place a checkweighman at the weigh scales. Their
purpose was to show to the outside world that the company would
not permit a man to stay at the weigh scales and act as checkweigh­
man for the men. When it became evident that the company, through
its officials, showed to the miners7representative at the weigh scales
every courtesy and cooperated with him, the strike leaders advised
the checkweighman to request a test of the weight of the cars. This
was granted, and an agreed-upon number of cars weighed. The
miners lost by the test. The checkweighman then circulated the
report that some cars weighed as high as 6,300 pounds, but he could
not give the men credit for more than 4,200 pounds. The com­
missioners made a personal investigation of these allegations and
found them to be untrue. In the interest of safety and efficiency in
the haulage system, and due to the slope being low at many points, a
standard weight of 4,200 pounds has been mutually agreed to as the
maximum amount the miners are expected to load. The checkweigh­
man then admitted to the commissioner that he was wrong, but said
that he was so advised by two of the strike leaders. The employees
became very much dissatisfied with the checkweighmap and de-




N O N U N IO N COLLECTIVE BARGAININ G.

83

manded that he get off the tipple. The employees’ commissioner
held meetings with the employees and used every possible influence
to have the checkweighman retained, but to no avail; the miners
unanimously ousted him because of his admitted connections with the
strike leaders. The purpose of the strike leaders was, of course, to
discredit the company and the working agreement, but they failed in
both, according to the employees’ commissioner.
A special agreement was reached with the company regarding the
collection of the employees’ contributions to maintain their organiza­
tion. This agreement was as follows:
The employees’ commissioner proposed in the interest of safeguarding the
administrators of the agreement against criticism in the disposition of the em­
ployees’ fund, that the money collected from the employees over the pay rolls
should be temporarily held by a specially appointed auditor, and paid over by him
to the employees’ commissioner by check to balance each legitimate bill
that falls due. The money should be sent to liquidate such bill when audited
by the employees’ commissioner, who will pay to the proper parties such amount
as is due them.
~
The employees’ commissioner will be required to submit a financial statement
monthly of the receipts and expenses of employees’ fund to the employees’
representatives on the joint board of review, who have been delegated with
authority to act as the executive or advisory committee to the employees’ com­
missioner.

This arrangement was “ one of the best things that could have
happened to allay suspicion in the minds of the employees.” Outside
influence was busy trying to discredit the employees’ commissioner
by charging him with having too much authority in handling the
employees’ money— he could accumulate a large fund and use it,
were he so disposed, to the detriment of employees’ interests.
W ELFARE W O R K , ETC.

To diminish the extent of labor turnover, the company provides
group insurance for all employees. Every wage-earning employee,
without exception, who has been in the service of the company six
months, gets a life insurance policy for $500. The amount oi the
policy is increased by $100 for every additional six month’s service,
till it reaches $1,000.
At most of the mines the company maintains playgrounds for the
children,’ as well as recreation centers for the men and their families.
According to the employees’ commissioner, housing conditions in
general are fairly good. The rates charged for houses are the same
as those charged, prior to the war. As questions of housing, such as
rents and upkeep, may constitute a grievance, it is the duty of the
employees’ commissioner to inspect the houses, and see that they are
in satisfactory condition and that no excessive rents are charged..
The company stores at the present time are a good deal more
popular than before. Prices, it is said, are competitive. The
employees’ commissioner stated emphatically that the company does
not attempt to make any money by operating the stores but main­
tains them merely as a convenience for the men.




84

LABOR RELATIONS IN T H E W EST VIRG IN IA COAL FIELD.

CONCLUSIONS.
On the basis of the facts set forth in this report, the following con­
clusions may be reached with reference to the present relations in
the unionized part of the field, which constitutes the bulk of the
Fairmont district.
1. The main complaint of the men is the lack of employment.
During the last year or so the average number of working-days per
week was about three. The unemployment is due largely to two
causes; (a) overdevelopment of the industry in the district, and
(6) railroad car shortage, occasioned, first, by the fact that the serving
railroads are forced to scatter their equipment over a multitude of
small mines, and second, by the general suspension of work in 1922.
In mines working on the assigned car system, the lack of employment
is due almost wholly to the car shortage.
2. All operators, without exception, condemn the union for the
tactics resorted to in 1922 to force a national agreement. The more
liberal operators present no serious objections to a national agree­
ment, provided such an agreement takes care of specific local situa­
tions and provided it is not a result of coercion of the 1922 type.
There is no justice, they claim, in forcing the closing down of mines
of operators who are willing to deal with the union simply because
other operators in other districts can not be whipped into line for a
national agreement. The operators’ claim in this connection may
be said to be justified. Documentary evidence shows that in March,
1922, the Northern West Virginia Coal Operators^ Association was
ready to negotiate and sign a scale agreement for the district. The
operators actually agreed to grant the union some time to try to
force a national agreement. When, however, it became obvious
that no national agreement could be reached, the Fairmont operators
demanded that the union make an agreement for the district. The
union, however, refused the request “ as a matter of national policy.”
3. The second complaint of the operators relates to the check-off,
with particular reference to the collection of fines and special assess­
ments. In addition to involving the self-respect of the operator
(who is forced to collect union funds which frequently are used
against him), the check-off seems to have a direct bearing on the
character of the union. The fact that union revenues are auto­
matically collectible has a tendency to reduce greatly the actual
contact between the “ top ” and “ bottom ” in the union organization.
The check-off makes it almost superfluous for the national and dis­
trict organizations of the union to “ sell” the organization’s ideas
and ideals to the men. The national and district officers appear on
the local scene rather rarely and generally only after trouble has
actually occurred. No “ preventive” or educational work is done.
This is evidenced by the iact that many of the local union officials
are as ignorant of the principles of unionism as they are of the pro­
visions of the contract with the operators.
4. The operators complain of frequent local stoppages and of in­
ability to get rid of undesirable employees. The complaint about
stoppages is justified by the stoppage experience of the district,
described in detail on pages 36 to 38. The inability of the union to
eliminate or diminish the extent of local stoppages indicates the
nonexistence of any great amount of union discipline. The com­




CONCLUSIONS.

85

plaint of the operators as to their inability to get rid of undesirable
employees is only partly justified Discharges do take place, with
the union’s consent, in cases which involve specific contract viola­
tions. The benefit of the doubt, however, is invariably given to the
miner. Many cases of discharge result in reinstatment merely be­
cause, technically, the men have violated no specific provision of the
agreement. Men who run disorderly houses, gambling dens, or
moonshine stills, or who abuse foremen, and who have been discharged,
have been subsequently reinstated because the agreement does not
specifically state that such offenses are causes for discharge.6 The
first three classes of cases are serious in isolated mining communities,
where it is difficult to separate the daily life of the men from their
work, and where, in many instances, the operator has to assume the
responsibility for maintaining the moral tone of the community.
5. On the whole, the adjustment machinery set up by the agree­
ment between the operators and the United Mine Workers of Amer­
ica works well. The serious weakness of the joint administration
machinery lies in the lack of permanent arbitration machinery for
the handling of cases coming to a deadlock in the joint board. The
arc-wall case, described on pages 31 to 33, illustrates this point.
The obvious line of improvement is the selection of a permanent
arbitrator for the life o f the agreement, or a specific understanding
regarding the method of appointing an arbitrator when the joint
board fails to agree upon the person. A provision might be made,
for instance, to have the governor of the State, or the Federal district
judge, or some other mutually satisfactory person name the arbi­
trator when the parties themselves can not agree upon his selection.
6. The local administration machinery on the employers’ side is
fairly effective. The larger mining properties have special men in
charge of industrial relations. These men are, as a rule, well quali­
fied to guide the labor policy of the operator and enforce the agree­
ment. The smaller operators may and do avail themselves o f the
advice and services of the labor commissioner for the operators’
association, whose competency is beyond question.
7. The local administration machinery on the union side leaves
much to be desired. Pit or bank committees are frequently un­
familiar with their rights and duties under the scale agreement. To
this fact may be attributed, to a great extent, the frequent local
stoppages. The detailed report submitted herewith shows many in­
stances erf ignorance on the part of committeemen regarding the funda­
mental provisions of the scale agreement. The remedy is, of course,
education. The higher union officers— district and national— should
be in closer contact with the local men and enlighten them regard­
ing their rights, duties, and obligations.
The working of the agreement in the so-called nonunion collective
bargaining part of the field is, according to both sides, more satis­
factory, although the complaint with reference to frequent unem­
ployment still remains true. The national agreement problem, with
all of its unsatisfactory implications from the operators’ viewpoint, is
of course nonexistent because of the very nature of the scheme. The
same m aybe said with reference to the check-off, which, while it prac­
tically exists under this agreement as under the agreement with the
6 For typical case of this sort see p. 34.




86

LABOR RELATIO NS IN T H E W E ST V IR G IN IA COAL FIELD.

United Mine Workers, unlike the latter, is causing no friction. The
operator is willing to check off the assessments necessary to support
the men’s organization. The extent of local stoppages is negligible
and the operator has no cojnplaint to make on this score. The ad­
justment machinery is akin to the machinery in operation under the
scale agreement with the United Mine Workers— more comprehen­
sive, indeed, for it provides for the very thing in which the United
Mine Workers’ scale agreement is lacking— permanent impartial arbi#
tration machinery. The local administrative machinery is very effec­
tive on both sides.
The miners have no complaint to register regarding wages and
working conditions, as the latter are on a par with, and in some in­
stances (such as the abolition of the 12-hour day for some of the
miners) better than those in the territory controlled by the United
Mine Workers of America.
Very little can be said regarding the individual bargaining part of
the field. It may be stated, however, that the rates of wages preva­
lent in this part of the field are the same as those in the unionized
district.