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U. S. DEPARTMENT OF LABOR
JAMES J. DAVIS, Secretary
BUREAU OF LABOR STATISTICS
ETHELBERT STEWART, Commissioner
BULLETIN OF THE UNITED STATES)
BUREAU OF L A B O R S T A T IS T IC S J
LABOR
AS
AFFECTED
BY
THE
'
WAR
*
OQ7
NO. L O I
SERIES
NATIONAL WAR LABOR BOARD
A HISTORY OF ITS FORMATION AND
ACTIVITIES, TOGETHER WITH ITS AWARDS
AND THE DOCUMENTS OF IMPORTANCE IN
THE RECORD OF ITS DEVELOPMENT
DECEMBER, 1921
WASHINGTON
GOVERNMENT PRINTING OFFICE
1922
CONTENTS.
Page.
Foreword.......................................................................................................................................
7
Chapter I.— History of the formation and activities of the National War Labor
Board...... ................................................................................................. .................................
9-17
Formation of the board.................................................................................................... 9,10
Adoption of principles and policies to govern industrial relations during
the war.............................................................................................................................. 10,11
Personnel of the board..................................................................................................... 11,12
Life of the board................................................................................................................ 12,13
Jurisdiction of the board.................................................................................................
13
Organization and practice of the board..................................................................... 14-17
Board meetings..........................................................................................................
14
Hearings.......................................................................................................................
14
Organization of staff................................................................................................. 14-16
Department of procedure...............................................................................
15
Department of files and information.........................................................
15
Department of office management..............................................................
15
Department of auditing and accounts................. ....................................
15
Department of examination.......................................................................... 15,16
Department of administration of awards..................................................
16
Special field representatives.................................. ..............................................
16
Local boards............................................................................ ...................................
16
Procedure..................................................................................................................... 16,17
Chapter I I .— The work of the National War Labor Board....................................... 19-26
Extent of the board’s work............................................................................................
19
Origin of cases...........................................; ......................... .............................................. 19,20
Disposition of cases........................................................................................................... 20, 21
Public utility cases............................................................................................ ..............
21
Distribution of cases, geographically and by tim e................................................
22
Character of complaints...................................................................................................22, 23
Awards of board.................................................................................................................. 23-26
Character of awards.................................................................................................. 23, 24
Crafts affected by awards.......................................................................................
24
Enforcement of awards............................................................................................ 24, 25
Administration of awards.......................................................................................
25
Shop committees.............................................. .........................................................25, 26
Chapter I I I .— Documents relating to formation and activities of the board__ 27-50
Publications of the board...............................................................................................
27
Recommendation of the National Industrial Conference Board of means for
preventing interruption by labor disputes of necessary war production,
September 6, 1917 ........................................................................................................ 27, 28
Report of the War Labor Conference Committee to the Council of National
Defense, December 20, 1917...................................................................................... 29, 30
Suggestion of the President’s Mediation Commission as to need of unification
of war labor administration, January 9, 1918......................................................
30
Memorandum of Advisory Council to the Secretary of Labor, January 19,
1918.....................................................................................................................................
30
Letter of Secretary of Labor relative to the selection of representatives for
a conference committee, January 28, 1918...........................................................
30
Statement of John Lind, chairman of the Advisory Council, regarding the
work of the War Labor Conference Board............................................................
31
Report of War Labor Conference Board to the Secretary of Labor, March
29, 1918.................................................................................................... . . . .....................31-33
Statement of Frank P . Walsh concerning the principles and policies adopted
by the War Labor Conference Board on March 29, 1918.................................
33
Statement of Hon. W . H . Taft concerning the report of the War Labor Con
ference Board on March 29, 1918............................................................................. 33, 34
3
Chapter I I I .— Documents relating to formation and activities of the board—
Concluded.
Proclamation of the President creating the National War Labor Board, Page.
April 8, 1918....................................................................................................................
34
Letter of the President concerning panel from which umpires should be
chosen, July 12, 1918....................................................................................................
35
Resolutions adopted by the War Labor Board calling attention to its prin
ciples, etc., July 31, 1918...........................................................................................
35
Announcement of the board that only controversies jointly submitted would
be considered, December 5, 1918............................................................................
35
Letter from the President to striking employees at Bridgeport, Conn.,
September 13, 1918.......................................................................................................
36
Letter from the President to manufacturers at Bridgeport, Conn., Septem
ber 17, 1918......................................................................... ............................................ 36,37
Shop committee plan instituted at Bridgeport, Conn.......................................... 37-41
Method of presenting complaints and procedure of the board.......................... 41-50
Chapter I Y .— Summary and analysis of awards and findings of the board___ 51-116
Introductory....................................................................................................... ................ 51, 52
No strikes or lockouts during the war........................................................................
52
Right to organize............................................................................................................... 52-64
Rule restated in many awards..............................................................................
53
Interference with union activity forbidden.................................................... 53-56
Collective bargaining............................................................................................... 56, 57
Awards as to composition of committees established for collective
bargaining................................................................................................................ 58-60
Awards as to elections..............................................................................................
60
Election plan outlined by joint chairmen.......................................................
61
Modification in administration of awards.........................................................
61
Duties of committees................................................................................................ 61-64
Existing conditions........................................................................................................... 64-69
Union shop to continue unionized...................................................................... 64, 65
Representation of workers by outside agents.................................................. 65, 66
Recognition of union................................................................................................ 66, 67
Protecting health and safety of workers............................................................ 67-69
Women in industry........................................................................................................... 69-71
Equal pay for equal work....................................................................................... 69, 70
Employment of women as conductors............................................................... 70, 71
Hours of la b or............................................. ...................................................................... 71-87
I. Industrial cases..................................................................................................... 71-84
No general rule established..................................................................
71
Eight-hour day usually awarded by umpires............*................... 72, 73
Decisions of Board in favor of 48-hour week.................................. 74, 75
Decisions of Board in favor of basic 8-hour day............................ 75, 76
Other awards on hours............................................................................ 76-78
Designation of hours of work................................................................ 78, 79
Sundays and holidays............................................................................ 79, 80
Payment for overtime............................................................................ 80-83
Provisions against excessive overtime.............................................. 83, 84
Guarantee of minimum number of hours.........................................
84
Questions referred to committees.......................................................
84
II. Street railway cases..................................................................... ..................... 85-87
Street railway hours................................................................................ 85-87
Maximum production....................................................................................................... 87, 88
Mobilization of labor......................................................................................................... 88, 89
Customs of localities.......................................................................................................... 89-94
Hours and working conditions.............................................................................. 89, 90
Principles governing wage awards...................................................................... 90, 91
Wages and customs of localities........................................................................... 92, 93
Maintenance of standard of living....................................................................... 93, 94
Living wage....................................................................................................................... 94-115
I. In general............................................................................................................... 94, 95
Awards to be examined under this heading...................................
94
Determination of the living wage.......................................................
95
I I. Industrial cases................................................................................................ 95-108
Wage increases........................................................................................... 95-97
Minimum wages for plant...................................................................... 97, 98
Minimum wages for particular occupations in plant................. 98-103
CONTENTS.
5
Chapter IV .— Summary and analysis of awards and findings of the board—
Concluded.
Living wage— Concluded.
II. Industrial cases— Concluded.
Page.
Provisions for more or less than minimum rates....................... 103,104
Classification..........................................................................................
104
Piecework and bonus.......................................................................... 104-106
Time and manner of payment......................................................... 106,107
Questions referred to committees...................................................
108
III. Street railway cases.................................................................................... 108-11-5
Motormen and conductors................................................................. 108,109
110
Percentage increases for other employees................................... Minimum wages for other employees............................................ 110, 111
Specific awards for some other employees..................................
112
Provisions for more or less than minimum rates....................... 112-114
Financial recommendations............................................................. 114,115
Action taken after May 31, 1919..............................................................................
116
Chapter V .— Representative awards of the National War Labor Board___ 117-334
4a. St. Louis Car Co..................................................................................................... 119,120
10 and 1036. New York Harbor Case....................................... ............................. 121-132
12. Sloss-Sheffield Steel & Iron Co......................................................................... 132-135
14. Worthington Pump & Machinery Corporation, East Cambridge.......... 135-137
16. St. Joseph Lead Co............................................................................................... 137,138
21 and 21b. Van Buren Lumber Employees, Van Buren, M e.....................
138
22. Bethlehem Steel Co.............................................................................................. 138-150
32. Detroit United Railway Co................................................................................ 150-152
35. Newsprint Paper.................................................................................................... 152-163
37a. Wheeling Machinists..........................................................................................
163
37b. Wheeling Molders............................................................................................... 164-168
40. Waynesboro cases.................................................................................................. 168,169
45. Northern Indiana Gas & Electric Co.............................................................. 169,170
97. National Refining Co............................................................................................ 170-173
98. New Orleans Railway & Light Co................................................................... 173-175
102. Poliak Steel Co..................................................................................................... 175,176
104. Hod Carriers’ Union of Cleveland, Ohio.....................................................
176
105. Pressmen’s Union of Chicago.......................................................................... 176,177
120. Rochester & Syracuse Railroad Co................................................................ 177-179
127. General Electric Co., Schenectady................................................................ 179-182
129. Midvale Steel & Ordnance Co.........................................................................
182
130. Corn Products Refining Co............................................................................... 183-198
132. Bridgeport Munition Workers......................................................................... 198-208
146. Columbus Railway Power & Light Co......................... ............................... 208, 209
147. Saginaw Machinists............................................................................................ 209,210
154. Omaha & Council Bluffs Street Railway Co.............................................. 211-213
159. Georgia Railway & Power Co.......................................................................... 214, 215
160. Iron Molders, Elizab.eth.................................................................................... 215-217
163. Worthington Pump & Machinery Corporation, Cudahy....................... 217-225
174. Union Carbide Co......................, ........................................................................
225
181. Boston Elevated Railway C o .......................................................................... 225-227
195. Madison Machinists............................................................................................. 227-238
201. Coal Dock Operators, Duluth.......................................................................... 238, 239
214. Pacific Electric Railway Co............................................................................ 239-241
216. Building Trades of San Antonio, T ex .......................................................... 241-243
230. Philadelphia Painters........................................................................................
243
231. General Electric Co., Lynn............................................................................. 243, 244
232. American Sheet & Tin Plate Co.................................................................... 244, 245
233. Little Rock Laundries....................................................................................... 245-247
235. Decker & Sons....................................................................................................... 247, 248
258. St. Louis Coffin Co............................................................................................... 248, 249
261. J. A . M cNulty....................................................................................................... 249, 250
265. Kansas City Railways Co., Kansas City, M o.............................................. 250-258
271. Butte Electric Railway Co., Butte, Mont...................................................
259
260
273. Smith & Wesson...................................................................................................
274. Walworth Manufacturing Co............................................................................
261
278. Rochester & Syracuse Railway Co................................................................
262
283. New York Consolidated Railroad (B. R. T .) ............................................. 263-265
296. Ohio Electric Railway Co., Lima City Lines............................................ 266, 267
297. New York Central Iron Works Co., Hagerstown...................................... 267, 268
6
CONTENTS.
Chapter V .— Representative awards of the National War Labor Board— Con. Page315. Philadelphia Carpenters and Joiners................................................................
269
320. A . H . Peterson Manufacturing Co.....................................................................
269
335a. Baker Manufacturing Co............................................... ......................................
270
337. Pittsfield Machine & Tool Co..............................................................................
270
338. American Locomotive Works, Patterson.........................................................
270
339. Niles-Bement Pond Co...................................................................................... 271-275
349. Molders, Ridgway, Pa............................................................................................
275
355. Molders, Williamsport........................................................................................ 276, 277
365. Detroit Forging Co...................................................................................................
277
368. San Joaquin Light & Power Co., Taft, Calif.............................................. 277, 278
393. B. F. Sturtevant Co., Boston, Mass............................................................. 278,279
395. Sinclair Refining Co., Coffeyville, Kans................................................... 279-281
400. Machinists, Philadelphia.................................................................................. 281-283
J. G. Brill Co. et al., Philadelphia, P a ..................................................... 282, 283
403 and 403a. Baker Manufacturing Co................................................................. 284, 285
405. Michigan United Railways Co........................................................................ 286-292
414 and 414a. Louisville Interurban Railway Co.............................................. 292-295
416. Reading Iron Co................................................................................................... 295, 296
437. Molders, Warren, Ohio...................................................................................... 296, 297
440. Intermountain Power Co.......................................................................................
297
442. Philadelphia Railways Co................................................................................ 297,298
444. Detroit United Railway Co.............................................................................. 298-300
448. Lewiston-Augusta & Waterville Street Railway Co., Augusta, M e ... 300, 301
452. San Diego Electric Railway Co...................................................................... 301, 302
473. Minneapolis Gas Light Co.....................................................................................
302
474. Rochester Founders, In c.................................................................................. 302, 303
475. Wilmington & Philadelphia Traction Co.................................................... 303, 304
491. Cleveland Railway Co....................................................................................... 304-306
502, 889, 890, 920. Columbus, Ohio, cases........................................................... 306,307
503. Spokane & Inland Empire Railroad Co...................................................... 307-310
522 to 522K. Reading, Pa., cases............................................................................ 310, 311
526. Ornamental Iron Workers of Kansas City, Mo.......................................... 311, 312
567. Portland Railway, Light & Power Co.......................................................... 312, 313
571. American Hoist & Derrick Co......................................................................... 313-315
583. Montana Power Co............................................................................................... 315, 316
594. American & British Manufacturing Co........................................................ 317, 318
610. San Francisco-Oakland Terminal Railways...................................................
318
634. Bay State Street Railway Co., Boston......................................................... 319,320
637. Newspaper Publishers, New York.....................................................................
320
641. Smith, Drum & Co.............................................................................................. 320, 321
670. Patternmakers, Columbus, Ohio........................................................................
321
677. Eastman Kodak Co............................................................................................. 321, 322
739. American Locomotive Co., Richmond.............................................................
322
752. Butterick Publishing Co................................................................................... 322,323
774. Coal Dealers, Lynn, Mass.................................................................................. 323-325
798. Wharton Steel Co................................................................................................. 325-327
818. Williamsport Wire Rope Co............................................................................. 327, 328
829. Meat Cutters of East St. Louis, 111....................................................................
328
831. Parsons Co., Newton, Iowa..................................................................................
329
873. Lancaster, Pa., cases...............................................................................................
329
913. Carpenter Steel Co., Reading, Pa......................................................................
330
968. Westfield Manufacturing Co............................................................................. 330, 331
978. Machinists, Hamilton, Ohio.................................................................................
331
1028. Tennessee Copper Co........................................................................................ 331, 332
1049. Washington Railway & Electric Co............................................................ 332, 333
1050. Louisville Gas & Electric Co.............................................................................
334
1123. United Textile Workers.......................................................................................
334
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS.
WASHINGTON
n o . 287.
DECEMBER, 1921
NATIONAL WAR LABOR BOARD.
FOREWORD.
The annals of the National War Labor Board constitute one of
the most important chapters in the history of American labor during
the period of the war. In order that the record of the board’s work
may be preserved and made available in convenient form to the
student of industrial relations, the Bureau of Labor Statistics has
undertaken the task of assembling the material bearing directly
upon its establishment and activities.
No final report was made by the board upon its dissolution in
August, 1919. Its latest official report covered the 12 months*
period ending May 31, 1919. An attempt has been made therefore
in the present volume to complete the history of the board’s work
down to the date of its adjournment. Definite information was not
available in all cases, but careful estimates have been made with
the idea that exact figures, although desirable, are not essential.
It was not deemed necessary to reproduce in full the 1,160 awards
of the National War Labor Board, but 106 representative awards
illustrate the Board’s interpretation of the principles laid down for it
by the employers and workmen of the country as represented in the
War Labor Conference Board.
No attempt has been made to generalize as to the interpretation
and application of these principles by the War Labor Board. Con
clusions as to its attitude toward its specific problems is left to the
student from the facts here presented.
Nor has any attempt been made in the preparation of this report
to digest the decisions of the board, a thorough analysis already
having been prepared by Mr. R. P. Reeder of the staff of the War
Labor Board. This analysis is reprinted herewith.
The bureau desires to acknowledge its indebtedness to Mr. Hugh
S. Hanna and to Mr. Ernest Kletch of the Bureau of Applied Eco
nomics, formerly on the staff of the War Labor Board, who have
given valuable assistance in the collection of the data included in
this report.
7
CHAPTER I.— HISTORY OF THE FORMATION AND ACTIVITIES
OF THE NATIONAL WAR LABOR BOARD.
FORMATION OF THE BOARD.
In the autumn of 1917 it became apparent that the Government’s
method of dealing with labor problems arising in connection with
war activities was unsatisfactory. Each production agency was
handling its own labor problems. As a result there were mcomatabilities in labor policies not only between different departments,
ut also between different bureaus of the same department.
E
Competition in war industries and the diversity in rates of wages
for essential skilled labor resulted in a constant shifting of such
labor. There was no satisfactory system of employment exchanges
through which labor could be allocated according to carefully determined requirements. Housing facilities in congested districts were
entirely inadequate. Wages in many instances had not kept pace
with the steadily rising cost of living. These conditions constituted
a few of the more serious factors contributing to the general labor
unrest, the alarming increase in the number of strikes, and the
consequent decrease in production. Increased production was nec
essary to the successful prosecution of the war. Harmonious indus
trial relations were necessary to production.
A unification of labor policy was the logical initial step in bring
ing about the necessary industrial stability, and various interested
agencies suggested to the Council of National Defense that it assume
leadership in bringing about such a unification of labor administra
tion. The production departments informally requested it. The
President’s Mediation Commission suggested the need for it.1
As early as September 6, 1917, the National Industrial Confer
ence Board submitted by invitation of the council a proposal2 for
the creation of a Federal board to adjust labor disputes. Acting
upon these suggestions the council on December 13 called an inter
departmental conference made up of representatives of the various
production departments.3 The report4 of this conference, which was
made on December 20, 1917, suggested among other remedial meas
ures, “ machinery which will provide for the immediate and equitable
adjustment of disputes in accordance with the principles to be agreed
upon between labor and capital and without stoppage of work.”
Action on the matter was deferred until the return of the Secretary
of Labor who at that time was in the West with the President’s
Mediation Commission. Upon the return of the Secretary early in
January the matter was again taken up and on January 4, the sug
gestion was submitted to the President who, on that date, appointed
the Secretary of Labor as labor administrator with authority to take
1 The section of the report of the President’s Mediation Commission dealing with this subject is reprinted
on p. 30.
2 Reprinted on pp. 27 and 28.
3 The personnel of this committee was as follows: Navy Department— Assistant Secretary F . K . Roose
velt; War Department— Stanley King; Labor Department— Assistant Secretary L . F . Post; American
Federation of Labor— Grant Hamilton; Aircraft Board— A . A . Landon; Shipping Board— Robert Bass;
Council of National Defense— L . C. Marshall. Representatives of other departments were present at some
of the meetings of the committee in an advisory capacity.
* Reprinted in full on pp. 29 and 30.
9
10
CHAP. I.---- HISTORY OF FORMATION AND ACTIVITIES.
steps to organize a labor administration along lines of the report of
the interdepartmental conference.
In carrying out this .program, the Secretary of Labor called to
his assistance an advisory council of seven members chosen to rep
resent various interests, with a representative of the general public
as chairman. The members of this committee were as follows:
Hon. John Lind, chairman.
Waddill Catchings, and A . A . Land on, representing employers.
John Casey and John B. Lennon, representing wage earners.
Miss Agnes Nestor, representing women.
Dr. L. C. Marshall, economist to the council.
This council first met on January 16, and three days later presented
to the Secretary a memorandum 5 recommending the appointment of
a conference of 12 persons representing employers, wage earners,
and the public for the purpose of negotiating agreements for the war
period, u Having in view the establishment of principles and policies
which will enable the prosecution of production without stoppage of
work.”
The Secretary approved this memorandum and created on January
28 a body known as the War Labor Conference Board. Convinced
that the success of principles formulated to guide war labor adminis
tration would be conditioned upon their acceptance by both capital
and labor and that it was therefore essential that both parties should
formulate them, the Secretary called upon the National Industrial
Conference Board and the American Federation of Labor as repre
sentatives of employers and wage earners respectively to appoint
representatives to this board.6 Each group was invited to choose
its chairman who should preside on alternate days. The personnel
of the board thus chosen was as follows:
Joint chairmen: Hon. William Howard Taft and Hon. Frank P. Walsh.
Representing employers:
Loyall A. Osborne.
C. E. Michael.
W . H. Van Dervoort.
B. L. Worden.
L. F. Loree.
Representing wage earners:
Frank J. Ilayes.
William L. Hutcheson.
William H . Johnston.
Victor A. Olander.
T. A. Rickert.
The seriousness of the task before the board was appreciated in a
statement of Hon. John Lind, chairman of the council responsible
for its creation, made public on the eve of the conference. “ To
morrow's conference may easily prove one of the most significant
developments in the history of America’s participation in the war.
In a sense, it is unprecedented in American industrial history.” 7
ADOPTION OF PRINCIPLES AND POLICIES TO GOVERN INDUSTRIAL
RELATIONS DURING THE WAR.
This conference board, which began its sessions on February 25,
handed down a unanimous report8 on March 29 suggesting the
appointment for the period of the war of a National War Labor
Board, consisting of the same number and appointed in the same
manner as the conference board making the recommendation. This
6 For text of this memorandum see p. 30.
0 Copy of letters sent by the secretary to these two agencies may be found on p. 30.
7 This statement is published in full on p. 31.
8 This report is reproduced on pp. 31-33.
PERSONNEL OF THE BOARD.
11
report suggested the powers and functions which such a board should
assume, and set forth certain principles and policies to govern rela
tions between workers and employers in war industries for the dura
tion of the war.
These principles thus agreed upon unanimously and voluntarily
by both workers and employers were interpreted and applied by the
National War Labor Board. They represented “ the thought of
capital and labor as to what the policy of our Government with
respect to industrial relations during the war ought to be.” 9 They
became the basis of adjudication of disputes by other war-time
agencies and constituted in essence a code of industrial law for the
period of the war. They have been compared, so far as American
conditions made them comparable, with the British Treasury Agree
ment.10
The Secretary of Labor deemed the persons agreeing upon these
principles best fitted to carry them out, and therefore appointed them
as members of the National War Labor Board. The President, by
formal proclamation on April 8, 1918,11 approved the appointment
of this board and made public the principles and policies adopted
by it. Governmental sanction was thus placed upon a system of
mediation and arbitration which had been adopted voluntarily by
the parties concerned.
PERSONNEL OF THE BOARD.
The board as finally constituted, therefore, consisted of five repre
sentatives of employers originally chosen by the National Industrial
Conference Board, and five representatives of labor originally chosen
by the American Federation of Labor, and two representatives of
the public, one chosen by each group. In addition each member,
including the joint chairmen, nominated an alternate to act for him
during his absence. There was also a panel of 10 umpires later
nominated by the President,12 from which the board might select a
final arbitrator in cases on which it was unable to agree.
The membership of the National War Labor Board as constituted
at the time of its appointment was as follows:
William Howard Taft, joint chairman and public representative of the employers.
Frank P. Walsh, of Kansas City, Mo., joint chairman and public representative of
employees.
For employers:
L. F. Loree, of the Delaware & Hudson Railroad Co.
W . H . Van Dervoort, of the Root & Van Dervoort Engineering Co., of East
Moline, 111.
C. Edwin Michael, of the Virginia P/ridge & Iron Co., Roanoke* Va.
Loyall A. Osborne, of the Westinghouse Electric & Manufacturing Co.
B. L. Worden, of the Submarine Boat Corporation, Newark, N. J.
For employees:
Frank J. Hayes, of the United Mine Workers of America.
William L. Hutcheson, of the United Brotherhood of Carpenters and Joiners.
William H . Johnston, of the International Association of Machinists.
Victor Olander, of the International Seamen’s Union of America.
Thomas A . Rickert, of the United Garment Workers.
9 From statement of F . P. Walsh. This statement in full, together with that of Hon. W . H . Taft, made
on the same occasion, is reprinted on pp. 33 and 34, following.
10 L . C. Marshall, chief of Industrial Service Section, Council of National Defense, in Journal of Political
Economy, vol. 26, 1918, p. 444.
11 This proclamation is published in full on p. 34.
13 For letter of the President naming umpires, see p. 35.
12
CHAP. I.---- HISTORY OF FORMATION AND ACTIVITIES.
The following appointments and changes in personnel took place:
W . Jett Lauck, economist, of Chevy Chase, Md., to be permanent secretary, May
9, 1918.
Thomas J. Savage, of the International Association of Machinists, to be alternate for
Mr. Johnston.
T. M. Guerin, of the United Brotherhood of Carpenters and Joiners, to be alternate
for Mr. Hutcheson, May 13,1918.
F. C. Hood, of the Hood Rubber Co., Watertown, Mass., to be alternate for Mr.
Loree, May 17,1918.
C. A . Crocker, of the Crocker-McElwain Co., Holyoke, Mass., to be alternate for Mr.
Worden, June 1, 1918.
F. C. Hood, alternate for Mr. Loree, to become principal on the resignation of Mr.
Loree, June 1,1918.
John F. Perkins, of the Calumet-Hecla Copper Co., to be alternate for Mr. Osborne,
June 1, 1918.
Frederick N. Judson, lawyer, of St. Louis, Mo., to be vice chairman and alternate
for Mr. Taft, June 18,1918.
John F. Perkins, alternate for Mr. Osborne, to be alternate for Mr. Hood, June 27,
1918.
H.
H . Rice, of the General Motors Corporation, Detroit, Mich., to be alternate for
Mr. Van Dervoort, July 1, 1918.
William Harman Black, lawyer, of New York City, to be vice chairman and alternate
for Mr. Walsh, July 20, 1918.
Matthew W oll, of the International Photo-Engravers’ Union, to be alternate for Mr.
Olander, July 24, 1918.
John J. Manning, of the United Garment Workers, to be alternate for Mr. Rickert,
July 24, 1918.
J. W . Marsh, of the Westinghouse Electric & Manufacturing Co., to be alternate for
Mr. Michael, September 1,1918.
On October 9,1918, the board was notified of the death of Thomas J. Savage, and
Fred Hewitt, of the International Association of Machinists, was designated alternate
for Mr. Johnston, and took the place of Mr. Savage, October 22,1918.
F. C. Hood resigned as member of the board on November 19, 1918.
P. F. Sullivan, of the Bay State Street Railway Co. of Massachusetts, to be alternate
for Mr. Osborne, December 3, 1918.
Frank P. Walsh, joint chairman, resigned as a member of the board on December 3,
1918.
William Harman Black, vice chairman and alternate for Mr. Walsh, resigned as a
member of the board on December 3,1918.
Basil M. Manly, journalist, of Washington, D. C., to be joint chairman, to fill the
vacancy caused by the resignation of Mr. Walsh, December 4, 1918.
William Harman Black, to be vice chairman and alternate for Mr. Manly, December
4, 1918.
John F. Perkins, alternate for Mr. Hood, to be a principal, to fill the vacancy caused
by the resignation of Mr. Hood, December 4, 1918.
B. L. Worden resigned as a member of the board on December 9, 1918.
C. A. Crocker, alternate for Mr. Worden, to be a principal, to fill the vacancy caused
by the resignation of Mr. Worden, December 11, 1918.
Harold O. Smith, of the J. & D. Tire Co., Charlotte, N. C., to be alternate for Mr.
Crocker, January 17, 1919.
Granville E. Foss, of the Brightwood Manufacturing Co., North Andover, Mass.,
to be alternate for Mr. Perkins, February 11, 1919.
C. A. Crocker resigned as a member of the board on February 24, 1919.
Principal members and alternates appointed subsequent to the
creation of the board were nominated and appointed in the same
manner as were the original members, the date given above with the
name of the appointee being the date of appointment or of entering
upon duty.
LIFE OF THE BOARD.
The board functioned for a period of 16 months. After the
armistice, however, there were objections to its decisions on the
ground that the board was created for the period of the war. At the
JURISDICTION OF THE BOARD.
13
request of the President, the board decided to continue its work and
on November 22 passed the following resolution relative to the status
of its awards.
Wherever question arises under awards already rendered as to whether those awards
are still in effect on account of the term “ duration of the war,” the Secretary be
instructed to advise them that those awards are in effect and that the words are inter
preted to mean until peace has been proclaimed by the President of the United States.
On December 5 the board issued a statement to the effect that
thereafter it would act only in cases submitted 13 to it for arbitration
by both the parties in dispute. Cases continued to be submitted,
however, 87 coming before the board in the month of January.
The activity and effectiveness of the board gradually declined,
partly from lack of funds and partly from lack of interest, since the
need from which it arose— the increase of war production—was no
longer compelling.
On June 25 the board adjourned subject to the wishes of the
President, recommended that its files and records be transferred to
the Department of Labor, and declined thereafter to accept further
cases. Cases then pending were finished by the joint chairmen of the
board. On August 12, 1919, the board held its final meeting and
formally dissolved.
JURISDICTION OF TH E BOARD.
The proclamation of April 8 (see p. 34) creating the board con
ferred upon it jurisdiction in all controversies “ in the field of pro
duction necessary for the effective conduct of the war,” and also “ in
other fields of national activity delays and obstructions in which
might, in the opinion of the National Board, affect detrimentally such
production.’7
Inasmuch as there were few business activities which did not affect
directly or indirectly the “ effective conduct of the war,” the juris
diction thus conferred upon the board was extremely broad. Fewer
than 50 complaints were dismissed by the board on the ground that
war production was not involved.
The jurisdiction of the board was limited, however, by the further
provision of the proclamation that the “ board shall refuse to take
cognizance of a controversy between employer and workers in any
field of industrial or other activity where there is by agreement or
Federal law a means of settlement which has not been invoked.”
This provision excluded from the original jurisdiction of the board a
number of the most important industries, such as the shipbuilding
industry where adjustment boards had already been set up by
agreement, and the coal industry where labor conditions were con
trolled by agreement of all parties with the Fuel Administration.
Controversies in such industries could be heard only upon appeal.
In no case was an appeal permissible on question of fact. The pro
cedure of the board provided that appeals would be heard only on
the ground that the principles of the President's proclamation had
been violated or that either party to the award had violated it, or to
determine questions of jurisdiction as between Government boards.
13 This statement is reprinted in full on p. 35.
14
CHAP. I.---- HISTORY OF FORMATION AND ACTIVITIES.
ORGANIZATION AND PRACTICE OF THE BOARD.
BOARD MEETINGS.
Meetings of the board were held on every other Tuesday at Wash
ington, and at such other times and places as the board determined.
At such meetings the presence of three employer members, three
employee members, and at least one joint chairman constituted a
quorum.
The order of business at regular meetings of the board in executive
session was as follows:
1. Reading of the minutes of the board and of the standing com
mittee.
2. Report of the secretary.
3. Report of the auditor.
4. Miscellaneous business brought up by any member of the board.
5. Calling of the unassigned docket for the assignment of cases to
sections.
6. Calling of the docket of cases submitted to sections ready for
report and the formulation and approval of conclusions and awards.
HEARINGS.
The board held public hearings during the weeks of its regular
sessions. At such hearings it heard evidence and argument of cases
set down for hearing by the full board and such applications for
preliminary and interlocutory orders and the disposition of such
miscellaneous business as properly came before it.
When the number of submissions to the board became so great as to render hearings
by examiners necessary, such hearings almost entirely supplanted hearings before
board members. In addition to the heavy requirement of considering the testimony
secured by examiners the board heard only cases of peculiar difficulty or listened to
oral argument in cases in which the testimony had previously been submitted to
examiners. Hearings held by examiners constituted about 66 per cent of the total.
During the months of greatest activity examiners’ hearings averaged about 15 per
week, and in view of the length of many hearings and their wide separation geo
graphically, this involved the need of some 30 examiners. Usually the hearings were
held at the place of controversy. This was done primarily for reasons of economy, as
it was much less expensive to send an examiner with necessary assistants to another
point than it was to pay the expenses of representatives and witness to Washington.
The policy adopted was to assign only one examiner to a hearing, except in cases of
particular difficulty or complexity; but this policy could not always be observed,
owing to the need of breaking in new examiners, a process which could be best accom
plished by sending a new man with a more experienced examiner, in order that he
might get practical training.14
ORGANIZATION OF STAFF.
The secretary of the board was chief executive officer. The
organization of his staff developed as the work of the board increased.
The maximum number of employees on the staff of the board was
approximately 250. This point was reached immediately before
signing of the armistice. After that time the staff was gradually
reduced. As finally constituted the staff consisted of six departments,
subdivided in most cases into so-called divisions. The work of these
departments may be outlined briefly as follows:
14 Quoted sections are reprinted from Report of the Secretary of the New War Labor Board to the Sec
retary of Labor, May 31,1919.
ORGANIZATION AND PRACTICE OF TH E BOARD.
15
Department oj procedure.— This department had supervision of all
matters affecting the procedure and expedition of cases before the
board in compliance with forms and methods adopted by the board.
There were four divisions under this department: (1) The complaint
division, the duty of which was to examine all complaints submitted
to the board, to see that such complaints were in appropriate form,
and to decide in consultation with the secretary as to their disposition;
(2) the docket division, its manager being charged with the duty of
keeping a detailed chronological record of the steps relating to the
status of each case from its inception; (3) the division of public
hearings, which was in charge of arrangements for securing proper
facilities for the meetings of the board, or of the examiners and
attend to other administrative detail in connection with hearings;
and (4) the division of official reporting, which had charge of the
reporting of all public and executive sessions of the board, and of all
hearings before examiners.
Department o f files and information.— The department of files and
information consisted of three divisions— files, publications, and
editorial. These divisions, as the names indicate, were primarily
concerned with the upkeep of the files, the maintenance of the mail
ing list, and with the editorial work necessary to the publication of
the board’s findings and reports.
Department o f office management.—To this department was assigned
the office detail of the board. It consisted of two divisions: (1) The
division of buildings, equipment, and supplies, which had custody
of buildings occupied by the board, and charge of the purchase and
distribution of the office supplies of the board. This division also
had charge of the messenger service. (2) The division of stenography
and typewriting, which was charged with the duty of maintaining
an adequate force of stenographers for the general use of the board
and its staff.
Department of auditing and accounts.— To this department was
delegated the supervision of all the accounting and approval of dis
bursements.
In addition to the usual machinery above mentioned necessary to
the mechanical work of the board, there developed a department of
examination and a department of administration of awards.
Department o f examination.— The primary work of the department
was that of presiding over all original hearings on complaint of either
party, the collating and digesting of testimony and other informa
tion regarding controversies before the board, for the use of the board,
or sections of it, in arriving at proper settlement of such contro
versies. The rapid accumulation of cases made it physically impos
sible for the board to hear all testimony and argument in each case.
It was often able to render a decision on the case as reported by the
examiners without taking further testimony, although in some cases
the board felt it necessary to hear all of the argument of the parties
in the testimony previously submitted to the examiners. The work
of this department was carried on through two main divisions:
(1) The division of investigation, which handled all matters dealing
with the conduct of examiner’s hearings, the serving of perfected
complaints upon respondents, summoning of witnesses, and the
conduct of all investigative work ordered by the board or by the
secretary. (2) The division of analysis, which assembled and
16
CHAP. I.---- HISTORY OF FORMATION AND ACTIVITIES.
digested for the use of the board or sections the testimony, exhibits,
and other information relative to controversies submitted for decision.
A special section of this division collated and analyzed the data
relative to living costs.
Department o f administration o f awards.— It was the duty of this
department to oversee the carrying out of the award or findings as
applied to specific questions as they might arise. Hearings were
sometimes held by administrators in the field. In cases where the
original intent of the award was not clear, the question in dispute
was referred by the department to the section of the board writing
the award.
SPECIAL FIELD REPRESENTATIVES.
Early in its work the board arranged for the appointment by
employers’ and employees’ groups of special representatives to make
preliminary investigations of complaints brought before the board.
It was expected that these representatives might act in a conciliatory
capacity or could assist parties to the controversies in the preparing
of their cases for hearings. It was found, however, that this pro
cedure operated rather to accentuate the original differences as to
which complaints were made and it was therefore discontinued.
LOCAL BOARDS.
It was the original intention of the board to appoint local boards to
facilitate the work of the central agency but this plan was never suc
cessfully carried out.
PROCEDURE.
Although the board was constituted both a conciliatory agency and
an arbitration tribunal, in practice it seldom acted in a conciliatory
capacity. The examiners and investigators of the board sometimes
acted in such a capacity, but the board itself functioned as a court to
which complainants brought their cases and requested adjudication.
The submission of a case to the board had to be made on a pre
scribed form, with a full statement of grievance and specifications as
to names and places. If the case was one that seemed to the secretary
of the board to fall under the jurisdiction of some other agency, it was
so referred. During the 16 months of the existence of the board, 315
cases were so referred. If the case was one which seemed to the board
to fall within its jurisdiction, a copy of the complaint was served to
the party defendant with a request for information and a request that
that party also submit the issue to the board and agree to abide by its
decision. If one of the parties refused to submit to arbitration, the
case was known as an ex parte case, and the procedure of the board
in such cases was entirely different from that in the joint submission
cases where both parties formally submitted to the board and agreed
to abide by its award. In joint submission cases the board was bound
to render a decision. If it could not do so by unanimous agreement
an umpire was selected whose decision was just as binding as that of
the board. Out of the 1,251 separate controversies placed before
the board 199 were joint submission cases.
In ex parte cases, of which there were 1,052, a decision of the board
on the merits of the case was no more than a recommendation, could
ORGANIZATION AND PRACTICE OF THE BOARD.
17
be made by a majority vote, and on failure of a majority vote could
not, under the practice of the board, be referred to an umpire, as
reference of an ex parte case to an umpire was construed as equivalent
to compulsory arbitration. Thus, an ex parte case in which the board
was evenly divided remained on the docket as undecided. In prac
tice only three case groups remained undecided, the joint chairmen’s
votes being sufficient to make a majority even when the two groups
were unable to agree.
Details of procedure as to form of complaint, etc., developed as the
work of the board progressed, but always with the idea 01 having a
a minimum of formal procedure consistent with the assurance that
complaints were bona fide.
At the start of its work it was the evident intention of the board to
hear, itself or by sections, the parties to each of the controversies sub
mitted to it. The rapid accumulation of cases, however, soon made
the continuance of such a course physically impossible, and the policy
was then adopted of employing a staff of judicial examiners,15 under
the secretary, to take the testimony of parties for presentation to the
board.
By this use of judicial examiners, the work of the board was greatly
expedited. The examiners heard the parties to the case, usually at
ihe place of origin, and the transcript of the case, together with the
digest thereof, was transmitted to a section of the board for considera
tion.
The division of the board into sections was also for the purpose of
expediting its work. Usually a section consisted of one member from
each group, although for certain important or complicated cases a
double section was appointed. The joint chairmen acted as the
section on practically all public utility cases. If the section was able
to agree upon a decision, this was brought before the board for dis
cussion and approval. Usually approval followed as a matter of
course. If the section was unable to agree, the case came before the
full board for decision. In this way several cases could be in process
of being handled at the same time. Not infrequently a section of the
board or the full board itself held hearings to develop points not
brought out satisfactorily at the examiners hearings.16
is See Department of Examination, p. 15.
is The method of presenting complaints and the procedure formally adopted by the board, in detail, is
reprinted on pp. 41-50.
42663°— 22------- 2
CHAPTER IL—THE WORK OF THE NATIONAL WAR LABOR
BOARD.
The National War Labor Board served as an industrial supreme
court for the period of the war. The principal object in its creation
was the removal of the causes of interrupted production by provid
ing a means by which parties to controversies might continue their
industrial efforts in the knowledge that their differences would be
adjudicated fairly and honestly on the basis of principles formulated
by both sides and guaranteeing fundamental justice to both sides.
To a great extent this object was realized. The board played a large
part m the stabilization of industrial relationships to the end that
war production of the country was not only maintained but increased
to the maximum in the history of the country. Furthermore, it did
much to educate employers, employees, and the public in regard to
some of the fundamental aspects of industrial relationships.
EXTENT OF THE BOARD’S WORK.
The awards and findings of the board for which information is avail
able directly affected more than 1,100 establishments, employing
approximately 711,500 persons, of whom about 90,500 were employees
oi street railways. These numbers include only those persons who
were specified directly in the terms of the decisions. The influence
of the board’s decisions, however, was vastly wider than these num
bers indicate. In many cases the decision was applied in practice to
other employees of a plant than those in whose names the controversy
was filed, and very frequently a decision in regard to one company
was accepted by other companies similarly situated. There was a
growing inclination on the part of employers voluntarily to adjust
nours and working conditions in conformity with the decisions already
rendered by the board. In many instances controversies were set
tled by other adjustment agencies in accordance with the principles
laid down by existing decisions or rulings of the board. In 138
recorded instances andprobably many others strikes and lockouts
were averted or called o ff as a direct result of the board’s intervention.
ORIGIN OF CASES.
Cases came to the board from three sources: (1) By appeal from
decisions of other boards. (2) By reference to the board by other
agencies. (3) By direct complaint.
Few cases came to the board by way of appeal from the decisions
of other boards, the New York Harbor case (Docket Nos. 10 and
1036), appealed from the New York Harbor Wage Adjustment Board,
being probably the most important. Approximately one-third of
the cases in which the board made awards came from conciliation
agencies which had been unable to adjust matters in dispute. The
largest number of these cases came from the Department of Labor,
but some of the most important were referred by the War and Navy
Departments, where they had previously been handled by the indus
trial service sections of those departments. Such was the Bridgeport
case (Docket No. 132), the Smith & Wesson case (Docket No. 273),
and the Newark (N. J.) Machinists’ cases (Docket No. 720). The
19
20
CHAP. II.---- THE WORK OF THE BOARD.
other cases in which the board handed down awards (nearly twothirds) came by way of direct complaint. Of the total number of
direct complaints coming before the board, approximately 12 per
cent came from employers or employers’ associations, approximately
36 per cent from employees other than unions, about 2 per cent from
individuals and constituted individual complaints, ana the remain
der— about 50 per cent— from unions or their representatives.
DISPOSITION OF CASES.
The National War Labor Board functioned for 16 months. Dur
ing this time 1,251 separate controversies were presented to it for
decision. Of this number 199 were submitted by both parties to the
dispute. In 1,052 cases one party refused to join in the submission.
Awards or recommendations were made in 490, or 39 per cent, of the
cases submitted. In 34, or about 17 per cent, of the cases jointly
submitted the board was unable to agree, and the disputes were sub
mitted to umpires for decision. Cases submitted by one party only
were never referred to an umpire, such practice being construed as
equivalent to compulsory arbitration.
Regular meetings of the full board were held every other week, at
which cases were assigned to the proper sections (of which there w^ere
six) and the recommendations of the sections of the board were con
sidered. In many cases, of course, the action of the full board con
sisted merely in approving the decisions of the sections. With all
simplification possible, however, the board handled an almost incredi
ble amount of work each month. An average of 78 cases per month
were considered. Of this number an average of 31 cases resulted in
awards. The cases in which awards were not made were either dis
missed, referred, withdrawn, or remained undecided. In detail, the
disposal of the cases was as follows:
Statement showing disposition o f cases before the National War Labor Board.
Awards and findings made.............................................................................
Dismissed.............................................................................................................
Referred................................................................................................................
Undecided...........................................................................................................
Suspended...........................................................................................................
490
392
315
19 53
1
Total.............................................................................................................. 1.251
The greater number of cases dismissed were removed from the
docket of the board without prejudice because of lack of prosecution,
or because the parties themselves entered into voluntary agreement,
making formal action of the board unnecessary. The reasons for
removal and the number dismissed for each cause are as follows:
Number o f cases dismissed for each specified cause.
Lack of agreement................................................................................................
12
Lack of jurisdiction..............................................................................................
93
Lack of prosecution.............................................................................................. 159
Voluntary settlement between parties.......................................................... 116
Withdrawal..............................................................................................................
12
Total.................................................................................................................. 392
w Not including 64 supplementary awards, etc., in cases in which action had already been taken.
19 These 53 cases represent actually only 3 case-groups, as one of the case-groups involves 51 docket
numbers.
21
DISPOSITION OF CASES.
The 315 cases referred by the board to other agencies were dis
tributed as follows, more than half being referred to the Division of
Conciliation of the Department of Labor for the possible adjustment
of difference without formal action of the-board:
Number o f cases referred to each specified agency.
Department of Labor, division of conciliation........................................... 164
Department of Labor, Employment Service..............................................
1
Railroad Administration, division of labor.................................................
13
Navy Department.................................................................................................
6
Treasury Department..........................................................................................
1
Post Office Department......................................................................................
8
Emergency Fleet Corporation, industrial relations division.................
4
Emergency Fleet Corporation, Labor Adjustment Board......................
6
War Industries Board..........................................................................................
3
War Labor Policies Board..................................................................................
1
Fuel Administration............................................................................................
6
Federal Oil Inspection Board...........................................................................
1
War Department, various divisions........................... f .................................
24
War Department, Quartermaster General....................................................
8
Army Ordnance, industrial relations section..............................................
29
Signal Corps and Aircraft Production Board..............................................
20
Board members......................................................................................................
10
Officers of international unions........................................................................
10
Total..............................................................................................................
315
PUBLIC UTILITY CASES.
Of the 490 awards and findings of the board 1Q6, or about 22 per
cent, concerned public utilities. Approximately 240 controversies
affecting the employees of public utilities were brought to the board
for adjudication. These cases were referred to the joint chairmen as
a section. The board made awards or recommendations in 106 cases;
the remainder were either referred to other agencies— usually the
Department of Labor— were settled by voluntary agreement, or were
dismissed after hearing for lack of jurisdiction or fanure to prosecute.
Out of about 140 public utility cases on which hearings were held
b y the board, only 13 were ex-parte cases, the remainder being sub
mitted by both parties to the dispute. With few exceptions the em
ployees, parties to all of the 140 public-utility cases in which hearings
were held, were organized.
In the street-railway cases employees parties to the cases were,
with the exception of 16 cases, members of the Amalgamated Asso
ciation of Street & Electric Railway Employees of America. Of the
16, the employees in 3 cases were members of the Brotherhood of
Railway Trainmen and the Brotherhood of Locomotive Engineers,
and in 7 cases employees were members of local unions not affiliated
with the American Federation of Labor— this number included 2
organizations of woman conductors. In 3 street-railway cases
the employees were not members of any union and these 3 cases
were brought to the board by emplovees discharged for joining the
Amalgamated Association of Street & Electric Railway Employees.
In 3 of the street-railway cases and in all gas and power-company
cases except 2, the employees, parties to the dispute, were members
of the International Brotherhood of Electrical Workers.
22
CHAP. II.---- THE WORK OF THE BOARD.
DISTRIBUTION OF CASES GEOGRAPHICALLY AND BY TIME.
Geographically the cases coming before the board naturally were
situated m those sections of the country where the war industries
were most active, that is, in the Middle and North Atlantic States
and in the Middle West.
During the first few months the board confined itself to cases which
most vitally concerned war production. Its first decision was issued
on June 12, 1918. During the first two months of the board’s activity,
June and July, 246 cases were placed on the docket and 34 awards
and findings made. Of this number 21 cases concerned public utili
ties and 13 were industrial. That the importance of the board’s work
was being felt is indicated by the rapid increase in the number of
submissions from the beginning of its work until the signing of the
armistice in November, 1918. In November alone 275 cases were
submitted. The effect of the armistice was strikingly evident in the
falling off of the number of cases submitted. In the six months fol
lowing the armistice only 423 new cases were received as compared
with 847 submissions during the six months prior to the armistice.
This decrease was due in part to the resolution of the board providing
that after December 5, 1918, only joint submission cases would be re
ceived.20 The following table indicates the activities of the board by
months from the time its first award was handed down until the final
adjournment of the board.
N U M B E R O F C A S E S P L A C E D ON D O C K E T A N D N U M B E R O F A W A R D S A N D F IN D IN G S
M A D E B Y N A T I O N A L W A R L A B O R B O A R D , M A Y , 1918, T O A U G U S T , 1919.
1
Month.
Cases placed on docket.
Joint
submis Ex-parte
cases.
sions.
1918.
!
May to Ju ly...............
August.......................
September.................
October.....................
November.................
December..................
1919.
January.....................
February...................
March........................
A p ril..........................
M ay...........................
June..........................
Ju ly ...........................
August......................
Total................
Awards and findings made.
Total.
Indus
trial.
Public
utilities.
38
29
39
18
24
13
208
96
180
133
251
55
246
125
219
151
275
68
13
4
8
14
17
17
21
9
3
15
1
4
6
78
70
1
4
1
87
73
16
5
5
6
43
35
114
79
15
12
13
9
9
7
9
2
1
1,276
384
106
(l )
0)
199
2
1,077
2
Total.
34
4
8
28
37
24
!
ii
20
7
|
!
■
!
j
|
7 ;
Supple
mentary
actions.
2
3
3
9
Total
actions.
34
4
10
31
40
33
i
52
44
121
88
17
13
13
7
10
6
11
11
3
3
3
62
50
132
99
20
16
13
10
490
64
554
1The hoard accepted no new cases after June 25 but cases pending on that date were considered between
that time and the dissolution of the board on Aug. 12.
2Including 25 docket numbers consolidated.
CHARACTER OF COMPLAINTS.
The question of wages was most frequently before the board, more
than half of the cases placed before it involving this question. The
question of hours ranked second to wages in the number of cases in23 The text of this resolution will be found on p. 35.
AWARDS OF THE BOARD.
23
volved, and discrimination against employees for union affiliation
ranked third. Working conditions, the right to bargain collectively,
the 8-hour day, and overtime, each involved in more than 100 cases,
ranked next in the order mentioned. A total of 64 cases before the
board concerned various questions affecting the employment of
women; of this number 18 involved the question of equal pay for
equal work.
AW ARD S OF BOARD.
CHARACTER OF AWARDS.
The character of the board’s awards and findings and its interpre
tation of the principles laid down for its guidance are set forth in
detail in the analysis and summary of the board’s awards published
on pages 52 to 115 following. It will be sufficient here to call attention
to the two determinations of the board which were probably most far
reaching— (1) bargaining relationships between employers and em
ployees, whether organized or unorganized, and (2) the establish
ment of the principle of the living wage in industry.
The first principle of the board’s industrial code (p. 32) recog
nized the right of workers to organize in trade-unions and to bargain
collectively. This principle was involved in more than 150 disputes
brought before the board. In some cases in which the question of
collective bargaining was not involved in the original dispute, the
board directed the establishment of such a system of collective bar
gaining as a method of adjusting the dispute in hand and future
controversies. A total of 226 of the board’s awards provided for
collective bargaining with employees either through unions in those
shops which had been organized before the establishment of the
board, or through shop or departmental committees in shops which
had not previously been organized. Several awards specified the
method of electing shop committees and assigned to them various
duties, such as working out of wage scales and piecework rates, dis
charges, and sanitary conditions.
The “ principles and investigations and decisions of the board in
regard to the minimum wage went far toward establishing that prin
ciple as an actuality in this country.” 21 In its determination of
what should constitute a living wage the board did not reach a final
decision, however. On July 11, 1918, the following announcement
was made:
The board hereby announces that it has now under consideration the matter of
determination of the living wage which will permit the worker and his family to
subsist in reasonable health and comfort. That in respect to the minimum estab
lished by this finding [Docket No. 40] it shall be understood that it shall be subject
to readjustment to conform to the board’s decision when and as a determination
shall be reached in that regard.
The minutes of the board’s meetings show a further consideration
of the matter and the adoption of a resolution on July 31, 1918, pro
viding “ that for the present the board or its sections should con
sider and decide each case involving these principles on its particular
facts and reserve any definite rule of decision until its judgments
have been sufficiently numerous and their operation sufficiently clear
to make generalization safe.” 22 No further decision was reached.
R. B . Gregg, in the Harvard Law Review for Nov., 1919, p. 59.
13 This resolution is published in full on p. 35.
24
CHAP. II.---- THE WORK OF THE BOARD.
Minimum rates of wages were established in specific instances, how
ever, for various occupations, including machinists, tool makers, ma
chinists? helpers, pattern makers, molders and core makers, black
smiths, boiler makers, bricklayers, plumbers, painters, carpenters,
electrical workers, laborers, etc.73
CRAFTS AFFECTED BY AWARDS.
Certain crafts were excluded from the jurisdiction of the board,
except in appeal cases (see p. 1,3) because they were dealt with
by other Government agencies. Cases affecting the metal trades and
the street railways were most frequently before the board. The ma
chinists and tool makers ranked first both in number of cases and
number of men involved, more than 180 cases before the board af
fecting these crafts. The street railway employees ranked second,
both in number of cases and number of workers involved in disputes
presented to the board for adjustment. Next in order by number of
applications to the board for adjustment of controversies came mold
ers and core makers; carpenters and joiners; electrical workers; iron
workers; pattern makers; mine workers; metal workers, not speci
fied; boiler makers; laborers; lumber-mill workers; mechanics; black
smiths; retail clerks; coopers; firefighters; bricklayers, and smeltermen, respectively, all involved in 12 or more cases. Workers in a
wide variety of other crafts made application to the board, including
policemen, butchers, airplane workers, glassworkers, agriculture
workers, shoe workers, waiters, and grain handlers.
ENFORCEMENT OF AWARDS.
The terms of its creation gave the board no legal authority to
enforce its decisions. In cases of joint submission the parties had, of
course, the right of legal redress as in all cases of violation of con
tract. Otherwise the execution of the board’s decisions depended on
the support of public opinion, the support of other governmental
agencies, and the obligation laid upon employers and employees by
their chosen representatives in the formation of the board and the
drafting of its principles.
In practice during the period of active hostilities the powers of the
production departments of the Government— such as the War and
Navy Departments— which were very great, as well as the influence
of the President himself, were consistently used in support of the
awards of this board.
There were three outstanding cases in which there was resistance
to the decisions of the board. The first involved the Western Union
Telegraph Co. and its employees, the third case on the docket. Here
the question arose as to whether an employer should, during the
period of the war, insist upon his right to decide that his employees
should or should not enjoy the privilege of membership in tradeunions of their choice. This question of discrimination against work
ers w^ho affiliate themselves with trade-unions had led to innumerable
industrial conflicts entailing vast losses of production to the country.
In this case the board, following the principle laid down by the con
ference committee of employers and employees (known as the War
23For more complete data as to occupations and the minimum established in each case, see pp. 94 to 106.
AWARDS OF THE BOARD.
25
Labor Conference Board) made public in the President’s procla
mation of April 8, recommended that the Western Union desist
from its practice of dismissing workers for joining the union. This
the company refused to do. The President publicly requested the
company to comply with the recommendation of the board, but with
out success. The telegraph employees again threatened strike.
Thereupon all telegraph and telephone lines were taken over by the
Government.
The other two most striking cases of this kind were the Bridgeport
and the Smith & Wesson cases (Docket Nos. 132 and 273). In the
former when the Bridgeport strikers refused to abide by the award
the President ordered them back to work under penalty of depriva
tion of employment through the Federal Employment Service. They
obeyed. At the same time the President insisted that the company
reinstate the striking employees whom they were refusing to reem
ploy.24 In the Smith & Wesson case refusal of the employers to
abide by the decision of the board ended in a prompt commandeering
of the plant by the War Department.
These cases firmly established the position of the board, and there
was a minimum of resistance to its decisions thereafter.
ADM INISTRATION OF AW ARDS.
The National War Labor Board early adopted the principle of
retaining jurisdiction for the purpose of helping both parties to put
the award into effect. Such a policy was found necessary and desir
able, in spite of the desire of the board to. encourage to the greatest
possible extent the administration of its decisions by the parties
concerned.
In practice it was found that even the best drawn awards frequently
left room for divergent interpretations. If the differences were small,
adjustment could be made by correspondence, but in case of major
differences the sending of an examiner as an interpreter and adminis
trator proved to be the only alternative to having the parties bring
their difficulties direct to the board.
A total of 180 awards and findings, including 71 street railway cases,
were administered by the department of administration. In the 71
street railwa}^ awards a total of 142 separate points were ruled upon
by the administrators, as many as 15 points coming up in connection
with a single award.
SHOP COMMITTEES.
Among the cases in which the chief difficulties were encountered
were those in which the award provided for collective bargaining in a
plant where such a system had not previously existed. Often the
parties in such cases were completely at a loss as to how to begin
such a system and imperatively needed counsel with some one familiar
with the processes of installing shop-committee systems. Adminis
trators were sometimes obliged to spend months building up systems
of representation of workers so that there might be proper persons
with whom to deal on behalf of the employees. This was not true
of street railways, where there was usually a strongly organized inter
24 Letters of the President to the Bridgeport strikers and to the employers refusing to reinstate them are
reprinted on pp. 36 and 37.
26
CHAP, II.---- THE WORK OF THE BOARD.
national union already in contractual relations with the railroad
companies, but it was conspicuously true of certain industrial estab
lishments such as those concerned in the Bridgeport case, where over
60 establishments, employing 60,000 workers, largely unorganized,
were involved. The award m this case provided for a local board
of mediation and conciliation. The formation of such a board neces
sitated the setting up of elaborate machinery for the institution of
collective bargaining between the company and its employees. To
meet this emergency the board formulated and instituted here a shopcommittee plan.25 This plan provided for the election of depart
mental and general committees of employees. The powers, func
tions, and methods of procedure of these committees were defined.
Provisions were made for a referendum and recall of elected com
mitteemen and for amendment of the by-laws. This plan, modified
to meet conditions in particular cases, was instituted later in a num
ber of cases. No invariable rule was laid down for all cases, the
composition of the committee, its duties, and the method of its elec
tion being left so far as possible to the agreement of the parties.
Specific action of the board in such cases is indicated in the summary
of the board’s awards (see pp. 58 to 116).
w For the detailed plan, see pp. 37 to 41.
CHAPTER III.— DOCUMENTS RELATING TO FORMATION AND
ACTIVITIES OF THE BOARD.
PUBLICATIONS OF THE BOARD.
Two important memoranda were compiled under the supervision
of the secretary for the use of the board and later published as separate
documents. One dealt with the minimum wage and increased cost
of living, and the other with the eight-hour working day. These
memoranda, together with the secretary’s reports, pamphlets setting
forth the organization and procedure 01 the board, and the organiza
tion and by-laws for collective bargaining committees, constitute the
chief publications of the board, aside from its awards and findings,
decisions and rulings. A list of the board’s publications, with
bibliographic citations, follows:
Memorandum on the minimum wage and increased cost of living. Submitted by the
secretary at the request of the board at its meeting on July 12, 1918. Wash
ington, Government Printing Office, 1918. 148 pp.
Memorandum on the 8-hour worlang day. Submitted by the Secretary July 20, 1918.
Washington, Government Printing Office, 1918. 104 pp.
Organization and by-laws for collective bargaining committees. Instituted by the
National War Labor Board for Bridgeport, Conn. Bridgeport, Conn., SherwoodMorgan Co. (1918), 18 pp.
Memorandum report of the secretary for the 12 months ending May 31, 1919. Wash
ington, D. C., 1919. 16 pp.
Report of the Secretary of the National War Labor Board to the Secretary of Labor,
for the 12 months ending May 31, 1919. Washington, Government Printing
Office, 1920. 149 pp.
Proclamation of the President creating the National War Labor Board. Its functions
and powers. Principles governing industry. Method of presenting complaints
and procedure. Washington, 1918. 11 pp.
Principles and rules of procedure. Washington, Government Printing Office, 1919,
16. PP:
Organization and practice of the board as adopted and amended to December 10, 1918.
Washington, Government Printing Office, 1919. 8 pp.
Awards and findings. Dockets Nos. 1-1160. Washington, 1918-19. Published
separately. (Collected and issued by the Bureau of Applied Economics, Wash
ington, D. C., in 5 volumes, with index.)
RECOMMENDATION OF THE NATIONAL INDUSTRIAL CONFERENCE
BOARD OF MEANS FOR PREVENTING INTERRUPTION BY LABOR
DISPUTES OF NECESSARY WAR PRODUCTION.
*
Made, by invitation, to Council of National Defense September 6, 1917.
*
*
*
*
*
*
1. That as a basis of mutual understanding employer and employee recognize and
agree that now and for the period of the war continuous, efficient production can
alone equip and sustain our military forces. Every dispute, whatever its motive,
which interrupts production, furthers the ends and operates to the advantage of the
public enemy .
2. The Nation needs the service of every citizen. Its industrial workers are as
indispensable to victory as the soldier on the firing line. The nonunion man is as
necessary in the factory as he is in the Army. On economic as well as indisputable
moral grounds the Government can, therefore, neither permit nor tolerate the exclu
sion of any laborer from productive employment. We, therefore, urge the council
to adopt and reassert as its guiding principle the fundamental American doctrine
authoritatively stated by the Anthracite Coal Strike Commission with the approval
of representatives of both employers and unions included in its membership and
commended as the basis of industrial adjustments by Presidents Roosevelt, Taft, and
Wilson: That no person shall be refused employment or in any way discriminated
against on account of membership or nonmembership in any labor organization; that
27
28
CHAP. III.---- DOCUMENTS RELATING TO ACTIVITIES.
there shall be no discrimination against, or interference with, any employee who is
not a member of any labor organization by members of such organization.
3. The council’s reiterated recommendation that employers and employees in
private industries should not attempt to take advantage of the existing abnormal
conditions to change the standards 'which they were unable to change under normal
conditions, should now receive an unambiguous interpretation to assure its practi
cal application as a working principle. To this end we propose:
(а) That applied to existing statutory regulations intended to promote safety and
health, it shall be agreed that for the period of the war there shall be no suspension
or modification of such provisions, except upon recommendation of the Council of
National Defense after due investigation by its agencies and when, in its judgment,
required by the exigencies of war.
(б) Applied to wages, demands shall be tested by the prevailing local standard of
the establishment in effect at the beginning of the war with such modification as may
be shown to be necessary to meet any demonstrated advance in the cost of living.
(c) Applied to hours, the standard shall be those established by statute or pre
vailing in the establishment at the beginning of the war subject to change only when
in the opinion of the Council of Defense it is necessary to meet the requirements of
the Government.
( d ) Applied to what are commonly known as “ open” or “ closed” shop conditions,
it shall be understood and agreed that every employer entering the period of the
war with a union shop shall not by a lockout or other means undertake to alter such
conditions for the duration of the war, nor shall any combination of workmen under
take during the like period to “ close” an “ open” shop.
4. Adopting these standards as the basis of its operation, we recommend the crea
tion of a Federal board to adjust labor disputes for the duration of the war; the activi
ties of this board to be confined to disputes growing out of employment on the sub
ject matter of war production for the Government. To such board shall be primarily
referred for final settlement all major disputes of the nature suggested with full power
to create all machinery necessary to execute its functions. Its decisions must bind
all parties to the dispute. It should be constituted equally of representatives of
employees, employers, and the Government, representatives of the latter to hold
the deciding voice in the event of an equal division of opinion. It is to be further
understood and agreed that there shall be no interruption of production by strike,
lockout or other means within the control of employer or employee.
5. W e pledge to the country, through you, the acceptance of such a program by
the great body of representative associations and individual manufacturers we are
authorized to represent. W e do not seek to be regarded as the exclusive spokesman
of all industry and will cooperate in any helpful capacity with any and every manu
facturer whether members of our association or not.
6. To secure in the public interest a mutual understanding a*nd agreement pred
icated upon the proposals set forth, we suggest: That the Council of National D e
fense call, at the earliest convenient date, a conference of representative national
and international officers of American trad e-unions that they may be requested to
join in the pledge here made on behalf of employers. Their loyal cooperation for
the duration of the war will assure a known standard of conduct to govern these vital
industrial relations. The national safety will then no longer be imperiled by dis
putes, halting vital production and necessarily operating to give aid and assistance
to the public enemy.
W e reiterate in conclusion the pressing necessity for recognizing one vital and
primary principle. A Government which can not itself discriminate between its
citizens can not tolerate a condition which encourages private organizations to compel
such discrimination. Politically and economically such a policy spells disaster.
It destroys the responsibility of management which is vital to successful production
and denies in our own democracy the basic principles of individual liberty and oppor
tunity, for which its citizens since the foundation of the Republic have shed freely
of their blood and for which to-day they are prepared to die on alien soil.
Signed on behalf of the National Industrial Conference Board by its executive
committee and its advisory committee:
Executive committee:
L o y a l l A . O s b o r n e , Chairman.
F r e d e r ic k P. F jsh .
W illia m H . B a r r .
A . L a w r e n c e F e ll.
Ch a r l e s C h e n e y .
Ma g n u s W . A l e x a n d e r ,
Executive Secretary.
Advisory committee:
L o y a l l A . O s b o r n e , Chairman.
W illia m H . B a r r .
W . H. V a n D e r v o o r t .
C. A. C r o c k e r .
E llison A . S m y t h .
W . A . L aym an.
REPORT OF W A R LABOR CONFERENCE COMMITTEE.
29
REPORT OP THE WAR LABOR CONFERENCE COMMITTEE TO THE
COUNCIL OF NATIONAL DEFENSE, DECEMBER 20. 1917.
A.
Your committee is of the opinion that the present method of dealing with labor
problems which arise in connection with the Government’s war activities is not
satisfactory; and for the following reasons:
1. A t present each department of the Government is, with few exceptions, dealing
with its own labor problems irrespective of what is done by other departments. As
a result (a) there is much duplication of effort; (b) there is no uniformity of policy or
procedure; (c) there is much conflicting action.
2. Each department competes against all other departments for essential skilled
labor. Contractors and subcontractors engaged on Government work are using every
means at their command to draw essential skilled labor away from one another. By
this means labor turnover is multiplied and men are kept moving from job to job in
certain industries for higher pay.
3. There is as yet no adequate system for dealing promptly and uniformly on a
nation-wide basis "with labor disputes affecting war work. The result, is an increasing
labor unrest.
4. To allow this situation to continue will, in our opinion, diminish the country’s
production and eventually paralyze industry.
B.
Your committee is of the opinion that action should be taken aloug the following
lines.
1. In order to allay industrial unrest and to create a spirit of real cooperation be
tween labor and capital during the war, it is essential that excessive war profits be
wholly eliminated; and that the Government’s policy in regard thereto be sufficiently
uniform so that the wage earner can be satisfied that profiteering no longer exists.
2. A series of understandings concerning certain underlying principles affecting
labor should be arrived at between representatives of employers, employees, and the
Government. The following are some of the questions which should be considered
in such conferences: Basis for wage determination, strikes and lockouts, piecework
prices and price fixing, method of eliminating improper restrictions on output of war
material from whatever cause, practice to govern dilution of labor, discrimination
against union and nonunion men, admission of union agents to plants, method of
promptly adjusting disputes at their source through boards containing equal repre
sentation of employers and employees, right of workmen to organize.
3. A coherent labor administration in accordance with principles to be determined
as set forth above should be established to deal with all labor problems arising in
connection with war work. The following functions would need to be covered:
(a) A means of furnishing an adequate and stable supply of labor to war industries.
This would embrace (1) a satisfactory system of labor exchanges, (2) a satisfactory
method and adndnistration of training workers, (3) an agency for determining priori
ties of labor demand, (4) agencies for dilution of skilled labor as and when needed.
(b) Machinery which will provide for the immediate and equitable adjustment of
disputes in accordance with the principles to be agreed upon between labor and
capital and without stoppage of work. Such machinery would deal with demands
concerning wages, hours, shop conditions, etc.
_ (e) Machinery for safeguarding conditions of labor in the production of war essen
tials. This is to include industrial hygiene, safety, women and child labor, etc.
^ (d) Machinery for safeguarding conditions of living, including housing, transporta
tion, etc.
(e)' Fact-gathering body to assemble and present data collected through various
existing governmental agencies or by independent research to furnish the information
necessary for effective executive action.
( /) Publicity and educational division which has the function of developing sound
public sentiment, securing an exchange of information between departments of labor
admininstration, and promotion in industrial plants of local machinery helpful in
carrying out the national labor program.
C.
There is as yet no consensus of opinion as to what means or agency shall be used to
secure this coherent labor administration. The following are the outstanding sug
gestions:
1.
A coordinating war labor board, either under or divorced from the Council of
National Defense, to which the various existing agencies shall delegate powers.
This seems to your committee too loose an organization to meet the emergency.
30
CHAP. III.---- DOCUMENTS RELATING TO ACTIVITIES.
2. A very great extension of tlie activities of the Department of Labor.
3. The establishment of a department of production, which, along with its other
duties, would take charge of the appropriate aspects of labor adriiinistration. Such
a department would cooperate with the Department of Labor in securing coherent
administration of the whole problem.
As effective action in dealing with labor problem is vital to the success of the war
activities of all the Government departments, we believe that this fundamental issue
concerning the appropriate agency should be determined by our responsible leaders in
war activities.
SUGGESTION OF THE PRESIDENT’S MEDIATION COMMISSION AS TO
NEED OF UNIFICATION OF WAR LABOR ADMINISTRATION, JANUARY
9, 1918.
Unified direction of the labor administration of the United States for the period of
the war should be established. A t present there is an unrelated number of separate
.committees, boards, agencies, and departments having fragmentary and conflicting
jurisdiction over the labor problems raised by the war. A single-headed administra
tion is needed, with full power to deterndne and establish the necessary administra
tive structure.1
MEMORANDUM OF ADVISORY COUNCIL TO SECRETARY OF LABOR,
JANUARY 19, 1918.
The Advisory Council recommends to the Secretary of Labor that he call a con
ference of 12 persons representing employers’ organizations, employees’ organizations,
and the public, for the purpose of negotiating agreements for the period of the war,
having in view the establishment of principles and policies which will enable the
prosecution of production without stoppage of work.
The Advisory Council recommends that this conference body of 12 be composed as
follows: Employers’ organizations, as represented by the National Industrial Con
ference Board, are to name five employers, and these five are to select a person repre
senting the general public. Employees’ organizations, as represented by the American
Federation of Labor, are to name five representatives of labor, and these five are to
select another representative of the general public.
LETTER OF THE SECRETARY OF LABOR RELATIVE TO THE SELECTION
OF REPRESENTATIVES FOR A CONFERENCE COMMITTEE, JANUARY
28, 1918.
Addressed to the National Industrial Conference Board and to the American
Federation of Labor.
The President of the United States has placed upon the Secretary of Labor the
responsibility of formulating and administering, in the present emergency, a national
labor program.
The present emergency demands the most effective utilization of the productive
resources of the Nation. The national labor program must be administered with that
goal in mind. It will greatly assist in that administration to have representatives of
employers and employees meet in conference with the view of reaching agreements
on principles and policies which should govern their relations.
I am, accordingly, taking the liberty of requesting the National Industrial Con
ference Board [American Federation of Labor] to designate five persons who will
adequately and appropriately represent the employers [workers] of the country in
such a conference. These five persons will be asked to name a sixth who will repre
sent the general public, and these six persons will meet six others selected in a similar
manner b y the American Federation of Labor [National Industrial Conference Board],
which has been asked to represent for this purpose the workers [employers] of the
country.
It is desirable that the conference be called at the earliest possible moment.
There should, of course, be no time limit imposed upon the selection of representa
tives which would operate to cause a hasty choice, but it is earnestly hoped that
your list of five representatives may be in my hands within a very few days.
Yours, very sincerely,
(Signed)
W m . B. W i l s o n ,
Secretary o f Labor.
i From Report of the President’s Mediation Commission to the President of the United States, 1918,
p. 21.
REPORT OF WAR LABOR CONFERENCE BOARD.
31
STATEMENT OF JOHN LIND, CHAIRMAN OF THE ADVISORY COUNCIL,
REGARDING THE WORK OF THE WAR LABOR CONFERENCE BOARD.2
To-morrow’s conference may easily prove one of the most significant developments
in the history of America’s participation in the war. In a sense, it is unprecedented
in American industrial history.
For the past 10 months employers and employees alike have given evidence of
their whole-souled willingness to devote themselves to the national cause- Yet, in
spite of the most laudable intentions and the earnest effort of individuals on both
sides, there has seemed at times to be a lack of interrelation between the two groups
on whose work must depend the success of production— production which constitutes
the very essence of success in a war which is above all else an industrial war. Mis
understandings and bad teamwork have perhaps inevitably shown themselves at times.
To accommodate the basic differences between the two groups and unite industry
as one behind the war program is the real purpose behind the conference which begins
to-morrow. If the purpose of the meeting is to be achieved— and the Nation can not
afford to have it fail at this critical time— both sides must enter the conference room
in a spirit of sympathy and mutual concession for America’s welfare. Both sides
must stand ready to sacrifice preconceived ideas based on past prejudice and bitter
ness, for the supreme purpose of the preservation of the Nation.
Just what form the understanding will take or what solutions of the knotty problems
at issue will be reached is for the conference to discover. All that they should remem
ber is that the Nation’s interest at this time is higher than the interest of any group
and that the Nation is looking on. The problem of man power is the problem which
the nations of the world are facing. It is for the members of this conference to decide
whether this meeting may prove the turning point of the war and perhaps even the
resolution of a crisis in America’s history.
REPORT OF WAR LABOR CONFERENCE BOARD TO THE SECRETARY OF
LABOR, MARCH 29, 1918.
W a s h in g to n , D. C.,
March 29, 1918.
Hon. W illia m .B . W ils o n ,
Secretary o f Labor.
S ir : The commission of representatives of employers and workers, selected in accord
with the suggestion of your letter of January 28, 1918,, to aid in the formulation, in the
present emergency, of a national labor program, present to you, as a result of their
conferences, the following:
(a) That there be created, for the period of the war, a national war labor board of
the same number and to be selected in the same manner and by the same agencies
as the commission making this recommendation.
(b) That the functions and powers of the national board shall be as follows:
1. To bring about a settlement, b y mediation and conciliation, of every controversy
arising between employers and workers in the field of production necessary for the
effective conduct of the war.
2. To do the same thing in similar controversies in other fields of national activity,
delays and obstructions in which may, in the opinion of the national board, affect
detrimentally such production.
3. To provide such machinery by direct appointment, or otherwise, for selection of
committees or boards to sit in various parts of the country where controversies arise,
to secure settlement by local mediation and conciliation.
4. To summon the parties to the controversy for hearing and action by the national
board in case of failure to secure settlement by local mediation and conciliation.
(c) If the sincere and determined effort of the national board shall fail to bring
about a voluntary settlement, and the members of the board shall be unable unani
mously to agree upon a decision, then and in that case and only as a last resort, an um
pire appointed in the manner provided in the next paragraph shall hear and finally
decide the controversy under simple rules of procedure prescribed by the national
board.
( d) The members of the national board shall chose the umpire by unanimous vote.
Failing such choice, the name of the umpire shall be drawn by lot from a list of 10
suitable and disinterested persons to be nominated for the purpose b y the President
of the United States.
(e) The national board shall hold its regular meetings in the city of Washington,
with power to meet at any other place convenient for the board and the occasion.
* From M o n t h l y L a b o r R e v i e w of the U. S . Bureau of Labor Statistics, for April, 1918, pp. 104,105.
32
CHAP. I I I . ---- DOCUMENTS RELATING TO ACTIVITIES.
(/) The national board may alter its methods and practice in settlement of con
troversies hereunder, from time to time, as experience may suggest.
(g) The national board shall refuse to take cognizance of a controversy between
employer and workers in any field of industrial or other activity where there is by
agreement or Federal law a means of settlement which has not been invoked.
( h ) The place of each member of the national board unavoidably detained from
attending one or more of its sessions may be filled by a substitute to be named by
such member as his regular substitute. The substitute shall have the same repre
sentative character as his principal.
(i) The national board shall have power to appoint a secretary, and to create such
other clerical organization under it as may be in its judgment necessary for the dis
charge of its duties.
(j) Th e national board may apply to the Secretary of Labor for authority to use the
machinery of the department in its work of conciliation and mediation.
(Jc) The action of the national board may be invoked in respect to controversies
within its jurisdiction, by the Secretary of Labor or by either side in a controversy
or its duly authorized representative. The board, after summary consideration, may
refuse further hearing if the case is not of such character or importance to justify it.
(I) In the appointment of committees of its own members to act for the board in
general or local matters, and in the creation of local committees, the employers and
the workers shall be equally represented.
(m) The representatives of the public in the board shall preside alternately at
successive sessions of the board or as agreed upon.
(n) The board in its mediating and conciliatory action, and the umpire in his
consideration of a controversy, shall be governed by the following principles:
PRINCIPLES AND POLICIES TO GOVERN RELATIONS BETWEEN WORKERS
AND EMPLOYERS IN WAR INDUSTRIES FOR THE DURATION OF THE
WAR.
There should be no strikes or lockouts during the war.
Eight to organize.— 1. The right of workers to organize in trade-unions and to bar
gain collectively, through chosen representatives, is recognized and‘affirmed. This
right shall not be denied, abridged, or interfered with by the employers in any man
ner whatsoever.
2. The right of employers to organize in associations or groups and to bargain col
lectively, through chosen representatives, is recognized and affirmed. This right
shall not be denied, abridged, or interfered with by the workers in any manner what
soever.
3. Employers should not discharge workers for membership in trade-unions, nor
for legitimate trade-union activities.
4. The workers, in the exercise of their right to organize, shall not use coercive
measures of any kind to induce persons to join their organizations, nor to induce
employers to bargain or deal therewith.
■ Existing conditions.— 1. In establishments where the union shop exists the same
shall continue and the union standards as to wages, hours of labor and other con
ditions of employment shall be maintained.
2. In establishments where union and nonunion men and women now work together,
and the employer meets only with employees or representatives engaged in said
establishments, the continuance of such condition shall not be deemed a grievance.
This declaration, however, is not intended in any manner to deny the right, or dis
courage the practice of the formation of labor unions, or the joining of the same by
the workers in said establishments, as guaranteed in the last paragraph, nor to prevent
the War Labor Board from urging, or any umpire from granting, under the machinery
herein provided, improvement of their situation in the matter of wages, hours of
labor, or other conditions, as shall be found desirable from time to time.
3. Established safeguards and regulations for the protection of the health and
safety of workers shall not be relaxed.
Women in industry.— If it shall become necessary to employ women on work ordi
narily performed by men, they must be allowed equal pay for equal work and must
not be allotted tasks disproportionate to their strength.
Hours of labor.— The basic eight-hour day is recognized as applying in all cases in
which existing law requires it. In all other cases the question of hours of labor shall
be settled with due regard to governmental necessities and the welfare, health, and
proper comfort of the workers.
REPORT OF W AR LABOR CONFERENCE BOARD.
33
Maximum production .— The maximum production of all war industries should be
maintained and methods of work and operation on the part of employers or workers
which operate to delay or limit production, or which have a tendency to artificially
increase the cost thereof, should be discouraged.
Mobilization of labor.— For the purpose of mobilizing the labor supply with a view
to its rapid and effective distribution, a permanent list of the number of skilled and
other workers available in different parts of the Nation shall be kept on file by the
Department of Labor, the information to be constantly furnished: 1. By the tradeunions; 2. By State employment bureaus and Federal agencies of like character;
3. By the managers and operators of industrial establishments throughout the country.
These agencies should be given opportunity to aid in the distribution of labor, as
necessity demands.
Custom of localities.— In fixing wages, hours and conditions of labor regard should
always be had to the labor standards, wage scales, and other conditions, prevailing
in the localities affected.
The living ' wage.— 1. The right of all workers, including common laborers, to a
living wage is hereby declared.
2.
In fixing wages, minimum rates of pay shall be established which will insure
the subsistence of the worker and his family in health and reasonable comfort.
(Signed)
L o y a ll A. O sb orn e.
F r a n k J. H a y e s .
L . F. L o r e e .
W m. L. H u tch e so n .
W . H. V an D e r v o o r t.
T hom as J. S a v a g e .
C. E. M ic h a e l.
V ic t o r A. O l a n d e r .
B. L. W o r d e n .
T. A . R ic k e r t .
Wm. H . T a e t.
F r a n k P. W a l s h .
STATEMENT OF FRANK P. WALSH CONCERNING THE PRINCIPLES AND
POLICIES ADOPTED BY THE WAR LABOR CONFERENCE BOARD ON
MARCH 29, 1918.
The plan submitted represents the best thought of capital and labor as to what the
policy of our Government with respect to industrial relations during the war ought
to be. Representing capital were five of the largest employers in the Nation, but
one of whom had ever dealt with trade-unions, advised and counseled by Ex-President
Taft, one of the world’s proven great administrators and of the very highest American
type of manhood. The representatives of the unions upon the board were the national
officers of unions engaged in war production and numbering in their ranks considerably
over 1,000,000 men and women.
The principles declared might be called an industrial chart for the Government
securing to the employer maximum production, and to the worker the strongest
guaranty of his right to organization and the healthy growth of the principles of
democracy as applied to industry, as well as the highest protection of his economic
welfare while the war for human liberty everywhere is being waged. If the plan is
adopted by the Government, I am satisfied that there will be a ready and hearty
acquiescence therein by the employers and workers of the country so that the volume
of production may flow with the maximum of fruitfulness and speed. This is abso
lutely essential to an early victory. The industrial army, both planners and workers,
which are but other names for employers and employees, is second only in importance
and necessity to our forces in the theater of war. Their loyal cooperation and enthu
siastic effort will win the war.
STATEMENT OF HON. W. H. TAFT CONCERNING THE REPORT OF THE
WAR LABOR CONFERENCE BOARD ON MARCH 29, 1918.
I am profoundly gratified that the conference appointed under the direction of
Secretary Wilson has reached an agreement upon the plan for a National Labor Board
to maintain maximum production by settling obstructive controversies between em
ployers and workers. It certainly is not too much to say that it was due to the selfrestraint, tact, and earnest patriotic desire of the representatives of the employers
and the workers to reach a conclusion. I can say this with due modesty, because
I was not one of such representatives. Mr. Walsh and I were selected as represen
tatives of the public. Personally, it was one of the pleasant experiences of my life.
It brought me into contact with leaders of industry and leaders of labor, and my
experience gives me a very high respect for both. I am personally indebted to all
42663°— 22-------3
34
CHAP. HI.— DOCUMENT'S RELATING TO ACTIVITIES.
of the board, but especially to Mr. Walsh, with whom, as the only other lawyer on
the board, it was necessary for me to confer frequently in the framing of the points
which step by step the conference agreed to. Of course, the next question is, ‘ W ill
our plan work?” I hope and think it will if administered in the spirit in which it
was formulated and agreed upon.
PROCLAMATION OF THE PRESIDENT CREATING THE NATIONAL WAR
LABOR BOARD, APRIL 8, 1918.
Whereas, in January, 1918, the Secretary of Labor, upon the nomination of the
president of the American Federation of Labor and the president of the National
Industrial Conference Board, appointed a War Labor Conference Board for the purose of devising for the period of the war a method of labor adjustment which would
e acceptable to employers and employees; and
Whereas said board has made a report recommending the creation for the period of
the war of a national war labor board with the same number of members as, and to
be selected by the same agencies, that created the War Labor Conference Board,
whose duty it shall be to adjust labor disputes in the manner specified, and in accord
ance with certain conditions set forth in the said report; and
Whereas the Secretary of Labor has, in accordance with the recommendation con
tained in the report of said War Labor Conference Board dated March 29, 1918, ap
pointed as members of the National War Labor Board Hon. William Howard Taft
and Hon. Frank P. Walsh, representatives of the general public of the United States;
Messrs. Loyall Z. Osborne, L. F. Loree, W . H . Van Dervoort, C. E. Michael, and
B. L. Worden, representatives of the employers of the United States; and Messrs.
Frank J. Hayes, William L. Hutcheson, William H . Johnston, Victor A . Olander,
and T . A . Rickert, representatives of the employees of the United States;
Now, therefore, I, Woodrow Wilson, President of the United States of America,
do hereby approve and affirm the said appointments and make due proclamation
thereof, and of the following for the information and guidance of all concerned:
The powers, functions, and duties of the National W ar Labor Board shall be: To
settle by mediation and conciliation controversies arising between employers and
workers in fields of production necessary for the effective conduct of the war, or in
other fields of national activity, delays and obstructions which might, in the opinion
of the national board, affect detrimentally such production; to provide, by direct
appointment or otherwise, for committees or boards to sit in various parts of the
country where controversies arise and secure settlement by local mediation and
conciliation; and to summon the parties to controversies for hearing and action by
the national board in event of failure to secure settlement by mediation and concilia
tion.
The principles to be observed and the methods to be followed by the national
board in exercising such powers and functions and performing such duties shall be
those specified in the said report of the War Labor Conference Board dated March
29, 1918, a complete copy of which is hereunto appended. [See pp. 32 and 33.]
The national board shall refuse to take cognizance of a controversy between em
ployer and workers in any field of industrial or other activity where there is by agree
ment or Federal law a means of settlement which has not been invoked.
And I do hereby urge upon all employers and employees within the United States
the necessity of utilizing the means and methods thus provided for the adjustment
of all industrial disputes, and request that during the pendency of mediation or
arbitration through the said means and methods there shall be no discontinuance
of industrial operations which would result in curtailment of the production of war
necessities.
In witness whereof I have hereunto set my hand and caused the seal of the United
States to be affixed.
Done in the District of Columbia, this eighth day of April, in the year of our Lord
one thousand nine hundred and eighteen, and of the independence of the United
States the one hundred and forty-second.
E
AN N O U N C EM EN T OF BOARD AS TO CONTROVERSIES.
35
LETTER OF THE PRESIDENT CONCERNING PANEL FROM WHICH
UMPIRES SHOULD BE CHOSEN.
T h e W h ite H o u s e ,
Washington , July 12, 1918.
Hon. W illia m H . T a f t ,
Hon. F r a n k P. W a l s h ,
Chairmen National War Labor Board , Washington, Z>. C.
(d) of the report of the War Labor
G e n tle m e n : In accordance with paragraph
Conference Board, I hereby nominate 10 disinterested persons suitable to act as
umpire when drawn by lot as provided in said paragraph:
Henry Ford, Detroit, Mich.
Matthew Hale, Boston, Mass.
James Harry Covington, Washington, D. C.
Charles Caldwell McChord, Washington, D. C.
V . EveritM acy, New York City.
Julian William Mack, Chicago, 111.
Henry Suzzallo, Seattle, Wash.
John Lind, Minneapolis, Minn.
William R. Willcox, New York City.
Walter Clark, Raleigh, N. C.
Cordially, yours,
W o od r ow W tlson.
RESOLUTIONS ADOPTED BY THE WAR LABOR BOARD CALLING ATTEN
TION TO ITS PRINCIPLES, ETC., JULY 31, 1918.
Resolved , That the National War Labor Board deems it an appropriate time to invite
the attention of employers and workers alike to the wisdom of composing their differ
ences in accord with the principles governing the National War Labor Board, which
were approved and promulgated by the President in his proclamation of April 8,1918;
That this war is not only a war of arms, but also a war of workshops; a competition
in the quantitative production and distribution of munitions and war supplies, a con
test in industrial resourcefulness and energy;
That the period of the war is not a normal period of industrial expansion from which
the employer should expect unusual profits or the employees abnormal wages; that
it is an interregnum in which industry is pursued only for common cause and com
mon ends;
That capital should have only such reasonable returns as will assure its use for the
world’s and Nation’s cause, while the physical well-being of labor and its physical
and mental effectiveness in a comfort reasonable in view of the exigencies of the war
should likewise be assured;
That this board should be careful in its conclusions not to make orders in this inter
regnum, based on approved views of progress in normal times, which, under war
conditions, might seriously impair the present economic structure of our country ;
That the declaration of our principles as to the living wage and an established
minimum should be construed in the light of these considerations;
That for the present the board or its sections should consider and decide each case
involving these principles on its particular facts and reserve any definite rule of
decision until its judgments have been sufficiently numerous and their operation
sufficiently clear to make generalization safe.
ANNOUNCEMENT OF THE BOARD THAT ONLY CONTROVERSIES JOINTLY
SUBMITTED WOULD BE CONSIDERED, DECEMBER 5, 1918.
In order to meet the changed conditions resulting from the signing of the armistice,
and the withdrawal of the Federal Government’s control over th’e industries of the coun
try, the National War Labor Board, after conference with the Secretary of Labor, has
made an order providing that in the future it will act only in such cases as are jointly
submitted to it for arbitration. All complaints filed after December 5, setting forth
industrial controversies, will therefore be referred to the Labor Department for action
by its Mediation and Conciliation Bureau. Failing settlement in such cases the Sec
retary of Labor will refer back to the War Labor Board only the cases in which both
parties voluntarily submit the issues to the jurisdiction of the National War Labor
Board and agree to abide by its decision. All cases now before the board will be
handled as they have been in the past.
36
CHAP. III.-----DOCUMENTS RELATING TO ACTIVITIES.
LETTER FROM THE PRESIDENT TO STRIKING EMPLOYEES AT BRIDGE
PORT, CONN.
T h e W h it e H o u s e ,
Washington, 13 September, 1918.
G e n tle m e n : I am in receipt of your resolutions of September 6 announcing that
you have begun a strike against your employers in Bridgeport, Conn. You are
members of the Bridgeport branches of the International Union of Machinists. As
such, and with the approval of the national officers of your union, you signed an agree
ment to submit the questions as to the terms of your employment to the National War
Labor Board and to abide the award which in accordance with the rules of procedure
approved by me might be made.
The members of the board were not able to reach a unanimous conclusion on all the
issues presented, and, as provided in its constitution, the questions upon which they
did not agree were carried before an arbitrator the unanimous choice of the members
of the board.
The arbitrator thus chosen has made an award which more than 90 per cent of the
workers affected accept. You who constitute less than 10 per cent refuse to abide the
award although you are the best paid of the whole body of workers affected, and are,
therefore, least entitled to press a further increase of wages because of the high cost
of living. But, whatever the merits of the issue, it is closed by the award. Your
strike against it is a breach of faith calculated to reflect on the sincerity of national
organized labor in proclaiming its acceptance of the principles and machinery of the
National War Labor Board.
If such disregard of the solemn adjudication of a tribunal to which both parties sub
mitted their claims be temporized with, agreements become mere scraps of paper
If errors creep into awards, the proper remedy is submission to the award with an
application for rehearing to the tribunal. But to strike against the award is disloyalty
and dishonor.
The Smith & Wesson Co., of Springfield, Mass., engaged in Government work, has
refused to accept the mediation of the National War Labor Board and has flaunted its
rules of decision approved by presidential proclamation. With my consent the War
Department has taken over the plant and business of the company to secure continuity
in production and to prevent industrial disturbance.
It is of the highest importance to secure a compliance with reasonable rules and pro
cedure for the settlement of industrial disputes. Having exercised a drastic remedy
with recalcitrant employers, it is my duty to use means equally well adapted to the
end with lawless ana faithless employees.
Therefore, I desire that you return to work and abide by the award. If you refuse,
each of you will be barred from employment in any war industry in the community
in which the strike occurs for a period of one year. During that time the United States
Employment Service will decline to obtain employment for you in any war industry
elsewhere in the United States, as well as under the War and Navy Departments, the
Shipping Board, the Railroad Administration, and all other Government agencies,
and the draft boards will be instructed to reject any claim of exemption based on your
alleged usefulness on war production.
Sincerely yours,
W o o d r o w W i ls o n .
D is t r ic t L o d g e N o . 55, I n t e r n a t i o n a l A s s o c ia tio n o f M a c h in ists
(and other striking workmen of Bridgeport, Conn.),
1087 Broad Street, Bridgeport, Conn.
LETTER FROM THE PRESIDENT TO MANUFACTURERS AT BRIDGEPORT,
CONN.
T h e W h it e H o u s e ,
Washington, September, 17, 1918.
My attention has been called to the fact that several thousand machinists and others
employed in connection with war industries in Bridgeport, Conn., engaged in a strike
to obtain further concessions because they were not satisfied with the decisions ren
dered by the umpire appointed under the authority conferred upon the National
War Labor Board. On the 13th instant I communicated with the workmen engaged
in the strike, demanding that they accept the decision of the arbitrator and return to
work, and stated the penalties which would be imposed if they refused to do so.
The men at a meeting voted to return to work this morning, but I am informed by
their representative that the manufacturers refuse to reinstate their former employees.
SHOP COMMITTEE PLAN AT BRIDGEPORT.
37
In view of the fact that the workmen have so promptly complied with my directions,
I must insist upon the reinstatement of all these men.
W o o d r o w W il s o n .
R e m in g to n A rm s, U . S. M. C. P la n t ,
L ib e r t y O r d n a n c e C o m p a n y (and others),
Bridgeport, Conn.
SHOP COMMITTEE PLAN INSTITUTED AT BRIDGEPORT, CONN.3
ORGANIZATION.
A. EMPLOYEES’ DEPARTMENT COMMITTEES—ELECTIONS.
1. Employees’ department committees shall consist of three employees who have
actually worked in the department or section of the plant involved for a period of
three (3) months immediately preceding election. There shall be such a committee
for each department or section m charge of a foreman or forelady.
2. Said committee shall be elected by the direct vote of the employees. Each
employee of any department shall have the privilege of voting for three fellow em
ployees as his or her choice for said committee membership. The three employees
receiving the highest number of votes shall be declared elected.
3. Notice of all said elections must be either delivered to each employee in the
department or section involved, or said department or section must be adequately
placa-rded with posters; said notices or placards must fully explain the purposes and
conditions cf said elections and they must be distributed or posted at least one full
week prior to the date of actual election.
4. The judges of election for the first election shall be an examiner or other non
partisan representative of the National War Labor Board and two or mare employees
chosen by him from the department or section involved, one of whom, shall be when
ever possible, the timekeeper of the department who will serve as checker of those
voting, or some employee qualified to recognize the employees voting as bona fide
employees of that department. Such judges shall hold the election, count the votes,
certify the returns, and announce, at the earliest possible hour, the names of those
elected. Employee judges shall have been employed in the department or section
involved for at least three (3) months immediately preceding elections. The judges
of election shall have final decision as to all questions arising at the time of and in
connection with said elections except that they shall be guided and governed by the
- conditions of said elections as set forth upon said notices or posters, which shall be in
full accord with the organization plan and by-laws.
5. The employee receiving the highest number of votes in each such election shall
be declared the chairman of the committee; but in case of a resignation as chairman,
the committee elected shall have the right of choice.
6. Where both men and women are employed in a- department or section, proper
representation upon its committee shall be guaranteed to both.
7. The first election shall be held at such time as the administrative examiner shall
decide, and at such place as in his opinion the greatest number of votes of the eligible
employees would be obtained. Such employees will be given a printed ballot and a
free opportunity to vote in accordance with their wishes and choice. The privilege
of an absolutely secret ballot shall be guaranteed and enforced.
8. During the actual time covered by the elections all foremen, higher officials,
employees of other departments, and nonemployees shall absent themselves from the
place of election, except for good and sufficient reason, under the personal supervision
of the National War Labor Board’s representative.
9. Where a tie occurs for the last place, or where a tie occurs for the chairmanship
of a committee, such tie shall be decided by lot by the judges of the election. If
there shall be a complete tie the employees thus elected shall choose their own
chairman.
B. EMPLOYEES’ GENERAL COMMITTEES—ELECTIONS.
10. In addition to said department committees there shall be instituted for each
plant an employees’ general committee composed of the chairmen of all the depart
ment committees, except that any plant in which the number of employees is such
that only one department committee is chosen shall have no general or executive
committee.
s This plan modified to suit conditions in the individual plant was the basis of the shop committee
systems instituted by the board.
38
CHAP. III.-----DOCUMENTS RELATING TO ACTIVITIES.
11. If the number of any general committee as originally constituted is too large for
efficient working, said committee shall meet as soon as practical after the election of
the department committees and proceed to elect from their own number an executive
committee, to be technically known as the employees’ executive committee, which
shall be vested with the duties and powers of said general committee, except those
reserved for the committee as a whole.
12. Whenever at the intitial election it is found advisable to elect an executive
committee, said general committee shall be called together by the administrative
examiner and presided over, for this one purpose only, by an examiner, or other non
partisan representative of the National War Labor Board, who shall see that the elec
tion of said executive committee is conducted in accordance with such instructions
as the administrative examiner may issue in order to insure a fairly elected and rep
resentative executive committee.
13. Said executive committee shall consist of three, five, seven, or nine employee
members, the number for each plant to be determined, preceding the first election,
by the administrative examiner.
14. Each general and executive committee shall elect from its own members, by a
majority vote, a permanent chairman.
15. Where general committees are hereinafter referred to, it shall mean executive
committees, wherever such have been elected, unless otherwise specifically indicated.
BY-LAWS.
A. EMPLOYEES’ DEPARTMENT COMMITTEES.
Powers and functions.
16. Department committees, upon request, may adjust with a like or less number
of the management’s representatives, by; agreement, all questions arising in their
respective departments which the individusl employees were unable to settle by
direct negotiation with their foremen.
17. Department committees may, and should, refrain from referring to the manage
ment all questions presented by request, or otherwsie, from individual employees,
which upon investigation by said committee are found to be without merit.
18. Department committees, upon direct presentation ind ividually or collectively
b y employees of their respective departments, m ay adjust with the management, b y
agreement, all question of mutual interest.
19. Department committees may initiate and adjust with the management, by agree
ment, any and all matters affecting or appertaining to the employees, individually or
collectively, of their respective departments.
20. Department committees m ay take up of their own accord, or upon request b y
the management, such problems as the conduct of employees, in d ividu ally or collec
tiv ely , and thus endeavor to increase production and cooperation.
21. Department committees may adjust with the management, by agreement,
whether presented by appeal, reference, or initiation, all questions in reference to
correct and proper application of the Bridgeport award, including the rulings and
interpretations thereof, as made by the local examiner, to the employees, individually
or collectively, of their respective departments, with the proviso that the rights of
appeal guaranteed by the award, including said rulings and interpretations, shall^not
be in any way denied. Power to alter, change, or add to the rulings and interpretations
of the award as made by the local examiner is not vested in any committee.
22. Department committees shall not have executive or veto powers, such as the
right to decide who shall or shall not be employed, who shall or shall not be discharged,
who shall or shall not receive an increase in wage, how a certain operation shall or shall
not be performed, ctc.
23. The in4ividual members of department committees are and shall remain under
the same rules and regulations as the other employees.
24. Department committees are restricted to the adjustment of matters only within
their jurisdiction, as outlined under the organization and by-laws, by agreement, with
their managements. The obligation to promptly put into effect all matters agreed
upon is placed entirely upon the management.
25. Department committees may, by mutual consent of the representatives of the
management, consider and have put into force, by agreement, any matter not other
wise specifically covered in these by-laws.
26. Members of department committees shall serve for one full year or until their
successors are elected.
27. Any vacancy or vacancies in the membership of a department committee shall
be filled by a special departmental election.
SHOP COMMITTEE PLAN AT BRIDGEPORT.
39
28. After the initial election under the supervision of the examiner of the National
War Labor Board, rules for subsequent elections, and any general rules or regulations
pertaining to department, general, and executive committees may be decided by a
two-thirds vote of the entire membership of the joint executive committee, or general
committee wherever an executive committee was not elected.
29. No employees shall be eligible to membership on a department committee,
nor to appointment as judge of election, who has not been continuously in the employ
of the department involved for at least three (3) months immediately preceding the
election: Provided, however, That if there shall not be at the time of the election at
least six employees of three months’ standing, said three months’ service qualification
shall be omitted.
Method of procedure.
30. Employees desiring to have their department committee act for them indi
vidually or collectively, whether as an appeal from a decision of their foreman, or as a
direct presentation, shall file their case with the chairman of said committee in writing
and signed, if practicable; otherwise the chairman of the committee shall reduce same
to writing. These matters shall be transacted on the premises' outside of working
hours.
31. The chairmen of department committees shall accept for consideration all cases
filed as provided under section 30.
32. The chairman of any department committee shall call a meeting of the com
mittee at such times and places as the circumstances demand for the consideration
of such cases as have been filed, and also of such matters as the committee contemplates
initiationg. Such meeting shall be held on the premises but not during working
hours or on company time, except upon consent of the management.
33. Whether cases, or matters, considered in accordance with the provisions of
section 32 shall be taken up with the management shall be decided by a vote of the
committee. Two votes for or against any proposition shall decide and no reference
or appeal to the joint department, executive, or general committee can thereafter
be made.
34. Whenever it is desirable for a department committee to meet with the manage
ment for the presentation and consideration of prepared cases or other matters, the
chairman of said committee shall request through the foreman of the department
involved, a joint conference with such representative or representatives as the man
agement shall designate for this purpose, not to exceed in number the membership
oi said department committee. Such request shall be accompanied by a specification
in writing of the matters to be considered.
35. The management shall meet with such department committee in a joint con
ference upon the date requested, or, if for any reason this is impracticable, upon
one of the next six days thereafter mutually agreed upon, not counting Sundays and
holidays.
36. Any management shall have the privilege of calling a department committee
to a joint conference by the method set forth in sections 34 and 35.
37. The chairmanship of each joint conference shall alternate between the chairman
of the department committee and the spokesman for the management’s representatives.
38. All joint conferences shall be held immediately following the close of the day’s
work upon the date fixed, unless by unanimous vote some other date is fixed, either
in the department involved, or in some suitable room convenient thereto provided
by the management for this purpose. Joint conferences may be held on company
time by consent of the management.
39. Joint conferences shall be private except where witnesses may be called. Full
and free opportunity shall be granted to all present to discuss, from every angle and
viewpoint, all cases and matters presented by either side at each joint conference.
40. Immediately following discussion of any issue at a joint conference, a vote shall
be taken upon the question at issue and a majority of two votes of the entire member
ship of the joint committee shall decide; that is, five votes out of a joint committee of
six shall control.
41. When an agreement has been reached the case or matter in issue is settled
beyond appeal, and shall be promptly adjusted in accordance therewith.
42. When no agreement has been reached, the chairman of the joint conference,
unless such case be withdrawn by the party proposing the action, shall immediately
refer in written form the case or matter in issue to the chairman of the employees’
general committee for presentation, discussion, consideration, and disposition at a
joint conference between said employees’ general committee and a like or less number
of the management’s representatives.
40
CHAP. I I I . -----DOCUMENTS BELATING TO ACTIVITIES.
43. A record of proceedings of all joint conferences shall be made, signed by all
members present.
44. Annual elections for members of department committees shall be held during
November of each year.
B. EMPLOYEES’ GENERAL COMMITTEES.
Powers and functions.
45. General committees in joint conference with the management’s representatives
shall review all cases and matters not settled in a joint conference between the depart
ment committee and the management, unless such case be withdrawn by the party
proposing the action.
46. General committees as a whole, in cooperation with the management’s repre
sentatives, shall hold annual or special elections for members of the department com
mittees, in accordance with the above organization rules and regulations and such
amendments thereto as may be decided upon b y a two-thirds vote of the entire mem
bership of the joint executive committee, or joint general committee wherever an
executive committee was not elected.
47. General committees, as a whole, shall have the right to fill by election from its
members any vacancy occurring in their executive committees.
48. General committees are not vested with executive or administrative authority,
except as specified in section 46.
49. General committees are restricted to the adjustment of matters only within
their jurisdiction, as authorized under the organization and by-laws, by agreement
with the management. The obligation to put promptly into effect all matters agreed
upon is placed entirely upon the management.
50. Members of the general committees shall serve for one year or until their suc
cessors have been elected.
51. Vacancies in general committees as a whole are automatically filled by the new
chairmen of the department committees from which the outgoing members originally
came.
52. The right of a general committee and also of the representatives of the manage
ment to initiate and discuss in a joint conference any matter appertaining to the plant
as a whole is hereby granted.
Method of procedure.
53. Whenever the chairman of a joint conference between a department committee
and the management shall refer in written form any unadjusted case or question to the
chairman of a general committee, the latter shall promptly turn the original or copy
thereof over to the designated spokesman of the management’s representatives,
together with a request for a joint conference on some specific day.
54. The management shall meet with such general committee in joint conference
upon the date requested or, if for any reason this is impracticable, upon one of six
days thereafter mutually agreed upon, not including Sundays or holidays.
55. Any management shall have the privilege of calling a general committee to
joint conference by the method set forth in section 53.
56. The chairmanship of each joint conference shall alternate between the chairman
of the general committee and the spokesman for the management’s representatives.
57. All joint conferences shall be held immediately following the close of the day’s
work upon the date fixed, unless by unanimous consent some other date and time is
selected, either in the department involved or in some suitable room convenient
thereto, provided by the management for this purpose. Joint conferences may be
held during working hours and upon company time by the consent of the management.
58. Joint conferences shall be private except when witnesses may be called. Full
and free opportunity shall be granted to all present to discuss from every angle and
viewpoint all cases and matters presented by either side at each joint conference.
59. Immediately following discussion of any issue at a joint conference, a vote shall
be taken upon the question at issue and a majority of 2 votes of the entire member
ship of the joint committee shall decide; that is, 5 votes out of a joint committee
of 6, or 7 votes out of a joint committee of 10 shall control.
60. When an agreement has been reached the case or matter in issue is settled
beyond appeal ancLshall be promptly adjusted in accordance therewith.
61. In case the general or executive committee in joint conference fails to reach an
agreement before other action shall be taken, said committee shall refer the matter in
question to the highest executives of the plant management for consideration and
recommendation.
62. A record of proceedings of all joint conferences shall be made, signed by all
members present, and filed.
RULES OF PROCEDURE OE THE BOARD.
41
C. REFERENDUM AND RECALL—METHOD OF PROCEDURE.
63. Whenever the services of any committeeman, as such, become unsatisfactory the
employees of the department which he represents shall have the privilege oi the
referendum and recall.
64. Whenever twenty per cent (20% ) of the employees of any department shall sign
a petition asking for a vote upon the recall of their committeeman and file said petition
with the chairman of the general committee, a special election for that department
shall be held by said committee promptly in order to determine whether said com
mitteeman shall be recalled or continued in office.
65. If, at said special election, one-third or more of the actual employees of the
department involved shall vote to retain the services of the committeeman in question,
he shall not be recalled from service.
66. If at said special election more than two-thirds of the actual employees of the
department involved shall vote to recall the committeeman in question, his services
as such shall cease forthwith.
67. Whenever a committeeman shall have been recalled, in accordance with sec
tion 66, the vacancy thus created shall be immediately filled in line with the pro
visions set forth in section 27.
D. AMENDMENTS.
68. The foregoing by-laws may be amended by a two-thirds vote at a joint con
ference of the general committee and the management.
The foregoing copy of organization plan and by-laws is a correct copy of said plan
and by-laws submitted and read by us to manufacturers, party to the award, present at
meeting November 26, 1918, and which was received and recommended by them for
adoption to manufacturers, party to the award.
METHOD OF PRESENTING COMPLAINTS AND PROCEDURE OF BOARD.
(As adopted by the board on May 13, 1918.)
Docket.— The secretary of the board shall keep one docket for the filing of all com
plaints, submissions, and references, and shall number them on the docket in the
order in which they are received and filed. Thereafter the cases shall be referred to
by such numbers.
References.— Where the complaint or submission filed shall show clearly that another
board than this has primary jurisdiction therein, the secretary is authorized to direct
the proper reference, and to advise the party or parties initiating the proceeding of
such reference. At the next session of the board the secretary shall advise the board of
his disposition thereof.
Organization of the board for hearings and adjustment.— In respect to every local
controversy, two members of the board, one from the employers’ side and one from
the employees’ side, shall be appointed to act for the board, the members to be named
by the joint chairman at the instance of the respective groups of the board. These
members shall be called a section of the board, and shall hear and adjust cases assigned
to them. If they can not effect any adjustment, they shall summarize and analyze
the facts and present the same to tne board with their recommendations.
The national board may appoint permanent local committees in any city or district
to act in cases therein arising. In the selection of such local committees, recommen
dations will be received by the national board fron» associations of employers and
from the central labor body of the city or district and other properly interested
groups. Sections of the board are authorized to appoint temporary local committees
where permanent local committees have not been appointed by the board.
Arbitration.— When the board, after due effort of its own, through sections, local
committees, or otherwise, finds it impossible to settle a controversy, the board shall
then sit as a board of arbitration, decide the controversy, and make an award, if it
can reach a unanimous conclusion. If it can not do this, then it shall select an
umpire, as provided, who shall sit with the board, review the issues, and render his
award.
Coordination of the work of existing boards.— To comply with the direction of the
President in his proclamation of April 8, 1918, constituting the National War Labor
Board, this board will hear appeals in the following cases:
Where the principles established by the President in such proclamation have
been violated.
WThere an award made by a board has not been put into effect by employers, or
where the employees have refused to accept or abide by such award.
42
CHAP. III.— DOCUMENTS RELATING TO ACTIVITIES.
To determine questions of jurisdiction as between Government boards.
Appeals will not be heard by the National War Labor Board from the decisions of
regularly constituted boards of appeal, nor from any other board to revise findings
of fact.
FURTHER RULES OF PROCEDURE.
(As amended from time to time up to and including January 15, 1919.)
The first and indispensable step to be taken in order that the board shall be able
to settle industrial disputes is that the parties to the disputes shall have notice that
the board intends to hear the dispute and what the dispute is. They must know,
further, when and where the hearing is to be held so as to have reasonable oppor
tunity to present their evidence and to argue their cases.
The following rules of procedure are adopted as a simple method of bringing the
parties before the board and enabling them to know the exact issues in the dispute
and to obtain a hearing thereon:
COMPLAINT NECESSARY TO JURISDICTION.
Any person deeming himself aggrieved by another in an industrial dispute within
the cognizance of the board may invoke its jurisdiction, filing a complaint against
that other. It can not be done otherwise.
WHO MAY BE COMPLAINANTS.
When the complaint is made on behalf of employees against an employer, it shall
be filed b y three employees for and on behalf of all claiming the same grievances.
If the grievance alleged is unjust discharge, those discharged may file the complaint
as recent employees of the respondent. If the shop is one in which the employer
contracts with a union, the union may file a complaint against the employer, but it
shall associate with it as party complainants and signers of the complaint at least
three employees of the respondent as in other cases.
When the complaint is made on behalf of an employer, he shall sign the complaint.
If he is a member of an employers’ association having a contract with a union, which
is the subject matter of, or affects, the controversy, he may join with him as party
complainant such employers’ association and may name as respondents not more
than three of his employees, present or recent, as representatives of all, and the
union with whom the contract was made.
COMPLAINT SHALL COVER ONLY DISPUTES BETWEEN ONE EMPLOYER
AND HIS EMPLOYEES.
No complaint shall cover more than the disputes between employees and their
employer in one shop or series of shops owned by the same employer. Should the
same dispute develop in different shops owned by different employers the cases may,
with consent of the parties, be united for the purpose of taking evidence and for
hearings, but separate complaints must be filed and docketed, separate summons be
issued and served, and all further steps taken in each separate case and separate
conclusions reached and separate awards or recommendations made.
CONTENTS OF COMPLAINT.
The complaint shall be in a form approved by the board and shall be a written
petition to the board for its aid in the just settlement of a dispute between employer
and employees. It shall set forth the name and post-office address of the party or
parties complainant and the party or parties respondent. It shall set forth in brief
narrative form the facts and circumstances of dispute, and close with a prayer for
that action by the board to which the complaining party or parties believe themselves
entitled under the principles of the board and which will afford a just remedy. If
the party filing the complaint is a corporation or a union, the signature of the president,
vice president, treasurer, or secretary thereof shall be sufficient.
RULES OF PROCEDURE OF THE BOARD.
43
FORM O F COMPLAINT AGAINST EMPLOYEES.
Every complaint filed by an employer against employees or a union shall be in the
form following:
U
n it e d
Sta tes
n a tio n al
w ar
of
A
m e r ic a ,
labo r
board
Complainant,
v.
.
J>No.
Respondent.
o r i g i n a l c o m p la in t .
(By employers.)
1. We, the undersigned, ma^e this complaint to your honorable board and hereby
specifically agree to be bound by such recommendations or award as your honorable
board may make in the premises, in accordance with the principles and procedure of
the board.
2. We hereby complain because:
(State in narrative form the grievances, relating to— )
a. Wages.
b. Hours.
c. Discrimination.
d. Violations of existing agreements; or of governmentally fixed wage scale.
e. Actual or threatened strikes.
/. Coercive measures to induce employees to join union or to induce employer
to deal with a union.
g. Curtailing maximum production.
h. Any other violations of the principles of the National War Labor Board.
3. We seek the following relief:
4. We make the attached questionnaire a part of this complaint.
Dated..............................................
(Complaining employer or his duly authorized
representatives sign on above lines.)
(On second page of 4-page folio.)
Questionnaire, accompanying and made a part of original complaint of employer.
The board will take no action upon the complaint unless every question herein is
answered.
5. Give name and address of all com- Answer.
plainants.
6. How many employees do you employ? Answer.{Female
7. What employers’ association do you Answer.
represent, if any? That is, when,
where, and how were you author
ized to unite said association with
you in this complaint?
8. How many and what classes of em- Answer.
ployees are affected by this com
plaint?
9. State just how the business affects the Answer.
conduct of the war.
10. Have you a contract with your em- Answer.
ployees?
11. If so, attach a copy of such contract or Answer.
contracts to this complaint.
12. Have your grievances been presented Answer.
to the employees?
13. If so. when and how?
Answer.
44
CHAP. III.---- DOCUMENTS RELATING TO ACTIVITIES.
14. What steps have been taken to adjust Answer.
the grievances complained of?
15. What was the result?
Answer.
16. Do you know that the National War Answer.
Labor Board will refuse to take jur
isdiction of any controversy where
there is by agreement or Federal
law a means of settlement which
has not been invoked?
17. Name and address of the respondents. Answer.
In witness whereof, we, the signers of the foregoing complaint, state that the facts
in said complaint and questionnaire set forth are true to the best of our knowledge
and belief.
FORM OF COMPLAINT AGAINST EMPLOYERS.
Every complaint filed by employees against employers, or by a union in cases
where a union may be the complainant, shall be in the following form:
U
n it e d
St a t e s
n a tio n al
w ar
A
m e r ic a
.
labo r
board
.
of
Complainant.
V.
Respondent. ,
o r ig in a l
c o m plain t.
(By employees.)
1. We, the undersigned, being at least three employees or recent employees of
the respondent, on behalf of ourselves and all others similarly situated and having
like grievances, make this complaint to your honorable board, and we hereby spe
cifically agree to be bound by such recommendations or award as your honorable
board may make in the premises, in accordance with the principles and procedure
of the board.
2. We hereby complain because:
(State in narrative form the grievances relating to— )
a. Wages.
b. Hours.
c. Discrimination. ^
d. Violations of existing agreements.
e. Actual or threatened lockout.
/. Collective bargaining.
g. Working conditions.
h. Any other violations of the principles of the National War Labor Board.
3. We seek the following relief:
4. We make the attached questionnaire a part of this complaint.
Signed a t ................, State o f ................ , on th e ---- day o f .......... , 19----
(Complaining employees or their duly authorized rep
resentatives sign on above lines.)
RULES OF PROCEDURE OF THE BOARD.
45
(On second page of 4-page folio.)
Questionnaire, accompanying and made a part of original complaint of employees.
(The board will take no action upon the complaint unless every question herein
is answered. If you can not answer definitely, say “ I don’t know.”)
5. Give names and addresses of all com
plainants.
6. State occupation and length of service
of each complainant.
7. How many employees do you rep
resent?
8. By what authority do you represent
them; that is, when, where, and
how were you appointed?
9. How many and what classes of em
ployees are affected?
10. State just how the business affects
the conduct of the war.
11. Have you a contract with your em
ployer?
12. If so, attach a copy of such contract
or contracts to this complaint.
13. Have your grievances and requests
been presented to the employer?
14. If so, when and how?
15. What steps have been taken to adjust
the grievances complained of?
16. What was the result?
17. From what date do you ask that the
decision of the board take effect,
and why?
18. Do you know that the National War
Labor Board will refuse to take
jurisdiction of any controversy
where there is by agreement or
Federal law a means of settlement
which has not been invoked?
19. Name and address of the employer.
Answer.
A n s w e r .{p ^ aie
Answer.
Answer.
Answer.
Answer.
Answer.
Answer.
Answer.
Answer.
Answer.
Answer.
Answer.
In witness whereof we, the signers of the foregoing complaint, state that the facts
in said complaint and questionnaire set forth are true to the best of our knowledge
and belief.
IMPERFECT COMPLAINT.
Communication seeking settlement of industrial disputes by the board which do
not substantially comply with the forms hereinbefore set forth shall be returned by
the director of procedure to those signing them. He shall inclose a blank form of
formal complaint, a copy of these rules of procedure, a copy of the principles of the
board, and a copy of the President’s proclamation.
COMPLAINTS IN CASES OF REFERENCES OF DISPUTES TO BOARD BY
THE SECRETARY OF LABOR OR OTHER DEPARTMENT OF THE GOV
ERNMENT.
When an alleged controversy is referred to the board by the Secretary of Labor,
or other governmental department or Federal adjustment agency, the director of
procedure shall require a formal complaint to be filed as herein provided, and the
case shall then proceed as though the complaint had originally been made to the
board.
46
CHAP. III.---- DOCUMENTS RELATING TO ACTIVITIES.
COMPLAINTS IN JOINT SUBMISSIONS.
In cases of joint submission, including those referred from other departments or
Federal adjustment agencies, complaints must be filed as in other cases by one of
the parties against the other, for the purpose of setting out clearly and succinctly the
issues in dispute. The director of procedure may presume in such cases, in the ab
sence of information to the contrary, that the original complaining parties are the
employees and notify them to file a complaint in the proper form.
APPEALS FROM AWARDS OF OTHER GOVERNMENT BOARDS.
In cases where appeals from department adjustments and arbitrations are within
the jurisdiction of the board, or are brought within it by reference from the head of
any department, the officer or tribunal from whose decision appeal is taken shall
prepare the record of the hearing before him, including all the evidence considered
by him and the statements of claim by the parties, together with his award and his
reasons therefor, and transmit the same to the secretary of the board, together with
the letter of reference by the head of department, if any. The director of procedure
shall place the appeal as a case upon the docket under its proper number and file
the record, award, and reference in its appropriate place, entitling the same with the
names of the parties complainant and respondent and marking the same “Appeal
from------- Dept.” In case of appeals no formal complaint on the appeal by either
party need be filed.
As soon as the appeal is filed, a notice should issue by registered mail to all parties
advising them of the pendency of the appeal, and that they must be ready for a
hearing before the board, or a section thereof, at a day fixed at least seven days after
the sending of such notice. In cases of emergency the board, or the standing com
mittee, may direct the secretary to notify the parties by telegram to appear sooner,
if practicable.
NOTICE OF ISSUE.
Upon every complaint filed in form as herein prescribed, a notice shall issue inform
ing the respondent that the complainants have filed a complaint against him, with a
copy of the complaint, copy of these rules of procedure, copy of the President’s procla
mation, and blank form for his answer, inclosed. The notice shall direct him to file
an answer within seven days after service, and shall be in form approved by the board.
FORM OF NOTICE.
The form of the notice which is hereby approved shall be as follows:
U
n it ed
St a te s
of
A
m e r ic a .
NATIONAL W AR LABO R BOARD.
V.
Docket No.
To...............
Respondent.
You are hereby notified th a t.........has filed a complaint against you, a copy of
which is hereto attached.
Your answer upon the inclosed form should be filed within seven days from receipt
hereof. In case of your failure to file an answer, the board may, as a board of media
tion, in accordance with its rules of procedure, set a date for hearing, make its findings
and decisions as to what in its judgment is a fair and equitable adjustment of the
dispute.
Done under and by authority of the proclamation of the President of the United
States of America, duly issued the eighth day of April, in the year of our Lord one
thousand nine hundred and eighteen.
Witness the hands of the joint chairmen of said National War Labor Board at the
city of Washington, D. C., th is.........day o f ............................A. D., 191...
Wm. H. T a f t ,
B
Countersigned:
Service accepted th is.........day o f ............................191...
a s il
M. M
an ly
,
Joint Chairmen.
RULES OF PROCEDURE OF TH E BOARD.
47
SERVICE OF NOTICE.
The service of notice may be made by mailing it by registered mail, with a copy
of the complaint blank for answer, copy of proclamation of the President of April 8,
1918, and copy of rules of procedure of board, to the post-office address of the respond
ents as given in the complaint, and the register receipt shall be retained in the office
of the secretary and filed with papers as evidence of proper service. Where service
should be made with greater dispatch, an examiner or any other employee of the board
may serve the same upon the respondents. A return by him of such service, at the
usual place of business or residence of the respondents, or upon them personally,
shall constitute a sufficient service, and shall be evidenced by the certificate of the
server, signed by him with his official designation. A service may be made by any
notary public, by a sheriff or marshal or his deputies, who shall make a due return
of such service. If the respondent will accept service in writing, this shall dispense
with the necessity of further proof, and the written acceptance shall be filed with the
papers in the case and noted on the docket.
Every return of service shall state the day and hour of service, and if the service is
not personal, the place at which a copy of the notice and copy of the complaint were
left.
NOTICE AND SERVICE IN CASES OF JOINT SUBMISSION AND REFERENCES
TO DEPARTMENTS.
As already indicated, complaints must be filed in cases of joint submission and in
cases referred to the board by governmental departments, or Federal adjustment
agencies, and upon such complaints notice shall issue and be served as in other cases.
ANSWERS.
A respondent duly served or waiving service as above shall answer the complaint
within seven days after receiving the same, by mailing within this time an answer
conforming to the following form:
U
n it e d
St a t e s
n a tio n al
v.
w ar
of
A
labo r
m e r ic a
,
board
.
N o....
Complainant.
Dated.
Respondent.
r e s p o n d e n t ’s a n s w e r
.
Now comes the respondent named in the above-entitled case and answering the
complaint, says:
The respondent {denies8} ^ a t ^ e National War Labor Board has jurisdiction
over the matters set forth in the complaint. (If jurisdiction is denied, state
reasons why.)
B
The respondent {^en^s} that the business done at the plant affects the con
duct of the war.
C
The respondent answers to the merits of the various allegations set forth in the com
plaint and questionnaire, admitting or denying the same seriatim, as follows:
1.
2.
3.
Etc.
48
CHAP. III.— DOCUMENTS RELATING TO ACTIVITIES.
D
The respondent sets forth new matter of defense, as follows:
E.
The respondent submits this controversy to the National War Labor Board as an
arbitrator, in accordance with its principles and procedure, and hereby agrees to be
bound by its award on the following issues:
Respectfully submitted.
(Duly authorized agent sign above.)
EFFECT OF FAILURE TO ANSWER.
Should the respondent file no answer, or should he decline to accept arbitration by
the board upon one or more issues raised, the case shall proceed and a hearing be had
upon the evidence of the complainant only, if the respondent does not choose to
produce evidence on his behalf, or upon the evidence introduced by both sides.
The mere producing of evidence by a respondent on the issues shall not be regarded
as a submission to arbitration by the board.
NOTICE OF HEARINGS.
All parties shall be given at least seven days’ notice of the time and place of any
hearing. The person serving or giving such notice shall make return in writing of
the method of notification.
HEARINGS.
At all hearings before the full board, before a section of the board, or before examiners
appointed to hear the case, evidence may be introduced by oral testimony of witnesses
or by depositions. Should the board, section, or examiners deem cross-examination
necessary in case of deposition, the deponent should be summoned for the purpose
and the deposition not considered as evidence until such cross-examination has been
had. All testimony of witnesses shall be taken under oath or affirmation. Exami
ners, sections of the board, and the full board shall have power to administer such
oaths or affirmation.
HEARINGS BY EXAMINERS.
The hearing by the examiner shall be conducted in accordance with the proper
course of judicial proceedings. The evidence for the complainant shall be presented,
then the evidence for the respondent, and then the evidence, if any, in rebuttal.
The examiner shall follow as near as may be the rules of evidence prevailing in common
law courts, with such departures therefrom as in his discretion may seem to be neces
sary in the cause of speedy justice. The examiner shall require witnesses to confine
their testimony to statements of facts within their personal knowledge. The examiner
may exercise the authority to exclude evidence palpably incompetent or irrelevant
to the issue. But the party aggrieved by such ruling may save his exceptions.to such
exclusion of evidence or other ruling by the examiner by a writing filed with the
examiner. Should the examiner deem the evidence of any person necessary who is
not called by either party, he may summon such person, examine him, and permit
cross-examination.
CONTINUANCES.
The hearing, due notice of which has been given both sides, shall proceed until
the case is closed. Should either party desire a continuance on the ground of ina
bility to produce witnesses and make a showing of due diligence, it shall be within
the discretion of the examiner to grant such time as may be reasonably necessary to
procure the evidence. It is of the utmost importance, however, that cases brought
before the National War Labor Board should be promptly decided, and therefore this
discretion to continue cases or hearings should be sparingly exercised. When the
evidence has been all submitted the examiner shall hear argument, and, if desired
by the parties, may fix a time in which to submit briefs.
RULES OF PROCEDURE OE THE BOARD.
49
REPORT OF THE EXAMINER.
Upon the conclusion of the hearing before him the examiner shall make a digest
of the evidence and submit the same forthwith, but without making any findings or
conclusions, to the section or board, as the^case may be. He shall attach thereto a
copy of the complaint, proof of service, joint submission, answer, and a full trans
script of the evidence, arguments, and exceptions taken to his ruling in order that
the section or board considering the case may have the entire record before it.
ACTION UPON EXCEPTIONS TO EXAMINER’ S RULINGS.
In cases where exceptions have been taken to the examiner’s rulings the section
or board may, in its discretion, grant a hearing upon said exceptions and act thereon.
ACTION BY THE SECTION.
If the form of the submission shall be to the members of the section as arbitrators
to make a final award, the section, if the members are in agreement, shall proceed to
make such an award without reference to the board. The administration of such awards
shall be the same as in awards of the full board. When a case has been assigned to
a section and the parties in interest shall have agreed that the decision of the section
shall be the decision in the case, then the section shall proceed and make its findings,
and if the section can not agree the case shall go to the full board.
REPORT OF THE SECTION.
In all other cases submitted to a section and in which they have reached an agree
ment, a report shall be made of their findings and conclusion to the board for its action.
ACTION OF THE BOARD.
Upon the presentation of a report by a section the board shall consider the same
and approve or reject it.
DISAGREEMENT OF MEMBERS OF THE SECTION.
If the members of the section can not agree upon a report, each shall make his indi
vidual report, and the board shall consider the case on both reports and take such
action as it may deem wise.
DIFFERENCE OF OPINION IN THE BOARD.
In cases in which the parties have submitted to the full jurisdiction of the board
and the board is not unanimous in its findings and conclusions as to a just award, the
name of an umpire shall be agreed upon by unanimous vote, or, failing that, shall be
drawn by lot from a list of names furnished by the President to the board in accord
with the rules of procedure approved by the President in his proclamation of April 8,
1 9 1 8 -
In cases in which the parties defendant do not submit to the full jurisdiction of the
board, or to its jurisdiction to make an award, the principles of the procedure of the
board do not require an umpire, and in such a case the action of the board shall be
determined by a majority vote and the recommendation of the board made accordingly.
The finding and recommendation shall be published with such a dissent of the minority
as may be presented to the board. In case the board divides evenly, the case shall
stand as undecided.
AWARDS.
The section shall report in full the form of the award which it recommends for adop
tion. If it shall seem to the section that the evidence before it is not sufficiently
specific to enable it to dispose of all the issues, it may dispose of part and postpone
the rest for a further action.
An award may provide for the appointment of an administrator, when it covers the
settlement of complicated matters, and if it does provide for such administrator he is
authorized to interpret and apply the award as between the parties when they disagree
as to its meaning and application.
4 2 6 6 3 ° — 2 2 --------4
50
C H A P . I I I .-----D O C U M E N T S R E L A T IN G TO A C T IV IT IE S .
ADMINISTRATORS’ RULINGS AND APPEALS THEREFROM.
Administrators authorized to interpret and apply the award shall make their deci
sions in writing and serve copies thereof on the parties. Should either party feel
aggrieved by the administrator’s decision, he may appeal to the board, and the appeal
shall be heard by the section which acted in the case, and the decision of the section
on such appeal shall be reported to and acted upon by the board. Pending the appeal
from the decision of the administrator, his decision shall be enforced, except in cases
where it involves directly or indirectly the payment of wages. In such cases, the
filing of the appeal with the administrator or board shall operate as a stay. The
administrator shall prepare the record for appeal in such cases with the utmost dis
patch and forward it to the chief administrator for immediate submission to the section
which acted in the case. The appeal shall be heard by the section as soon as possible.
REHEARINGS.
A motion to the board for a rehearing must be made within 30 days after the recom
mendation or the award and service of notice upon the parties. The motion for
rehearing shall set out the grounds for the same specifically and may be granted
either because the award was beyond the jurisdiction of the board, or because of a
palpable mistake in the finding of fact, or in the application of the principles of the
board, or because of newly discovered evidence which might change the decision of
the board. On motion for a rehearing the parties may not, as a matter of course, have
an oral hearing. The party moving the rehearing shall file a brief with his motion,
setting forth, with reasonable elaboration, the reasons relied upon. If the motion is
based on newly discovered evidence, it must appear that the evidence is not merely
cumulative and that the party seeking the rehearing could not have produced the
evidence by the exercise of due diligence at the time of the original hearing.
NOTICE OF AWARDS AND RECOMMENDATIONS.
Immediately upon the making of awards or final recommendations, they shall be
copied and a copy certified by the secretary shall be sent by registered mail to each
of the parties and the receipt therefor shall be filed with the papers and noted on the
docket.
PROCEEDINGS BEFORE AN UMPIRE.
The umpire shall be notified of his selection and a time fixed for his hearing.
In proceedings before umpires, the presentations shall be limited as follows:
Each side shall delegate not more than two members to present the case to the
umpire, and each side shall be limited in its oral presentation to one hour. The
umpire, however, may extend the time of hearing if m his judgment a longer time is
required to make him fully familiar with the case.
ACTION UPON DECISION OF UMPIRE.
The decision of the umpire shall be regarded as the award of the board, and notice
of it served upon the parties as in other cases. The decision of the umpire shall be
made public only after it has been read and certified to by the standing committee or
by the board in full session.
N o t e . —The above procedure may be changed from time to time by a majority
vote of the board. (Approved January 30, 1919.)
CHAPTER IV.— SUMMARY AND ANALYSIS OF AWARDS AND
FINDINGS OF THE NATIONAL WAR LABOR BOARD.
The following digest of the decisions of the National War Labor
Board was prepared by Mr. Robert P. Reeder, an examiner on the
staff of the board, under the direction of Mr. Hugh S. Hanna. The
digest constitutes a careful and thorough analysis of the decisions
of the board up to May 31, 1919.
The numbers of subsequent awards, findings, and recommenda
tions of the board and the names of the companies involved in its
decisions between May 31 and the date of its dissolution on August
12, are noted on page 116 following. Since there is apparently no new
principle involved in these decisions their analysis has not been
deemed necessary.
INTRODUCTORY.
In January, 1918, the Secretary of Labor, upon nomination of rep
resentatives of labor and capital, appointed a War Labor Conference
Board to devise for the period of the war a method of labor adjust
ment which would be acceptable to employers and to employees. In
March that board recommended that a National War Labor Board
be established and that it be directed to observe principles and follow
methods which the Conference Board outlined in its report. The
Secretary of Labor appointed as members of the National War Labor
Board the men who had been members of the Conference Board. On
April 8, 1918, the President by proclamation approved of and con
firmed those appointments and the principles and methods which had
been recommended by the Conference Board.
Those prjinqiples are set forth hereinafter in italic portions of the
text. Accompanying each section is a statement of the manner in
which the board has applied those principles.
52
C H A P TE R I V .-----S U M M A R Y A N D A N A L Y S IS OF A W A R D S .
A survey of the awards, however, may enable the reader to gener
alize as to the attitude of the board toward some of the specific prob
lems which have come before it.
NO STR IK ES OR LOCKOUTS DURING TH E W A R.
There should be no strikes or lockouts during the tear.
The board has repeatedly refused to entertain complaints where
the complaining employees were on strike;
See, for example, last paragraph in Interpretation of Award in Newsprint
Paper Case, Docket No. 35, 7/26/18.
and while in one case it made an award where the men had struck
long after the submission of the complaint, it made the award op
erative only in the event of the prompt termination of the strike.
A. H. Petersen Manufacturing Co., No. 320, 3/14/19. The retroactive por
tion of the award was, of course, operative only from the date of the
submission until the date of the strike.
In the Bridgeport case
No. 132, 8/28/18.
some of the employees who were dissatisfied with the award went
out on strike. The President of the United States thereupon wrote
to them on September 13, 1918, as follows: “ I desire that you re
turn to work and abide by the award. If you refuse, each of you
will be barred from employment in any war industry in the com
munity in which the strike occurs for a period of one year. During
that time the United States Employment Service will decline to ob
tain employment for you in any war industry elsewhere in the United
States, as well as under the War and Navy Departments, the Ship
ping Board, the Railroad Administration, and all other Government
agencies, and the draft boards will be instructed to reject any claim
of exemption based on your alleged usefulness on war production.”
On September IT the President was obliged to write to several
employers of these men as follows: “ The men at a meeting voted to
return to work, but I am informed by their representative that the
manufacturers refuse to reinstate their former employees. In view
of the fact that the workmen have so promptly complied with my
directions, I must insist upon the reinstatement of all these men.”
In the Smith & Wesson case
273, 8/21/18.
the employing company refused to comply with the recommendation,
and thereupon, by direction of the President, the War Department
took over the plant and operated it.
RIG H T TO ORGANIZE.
The right of workers to organize in trade unions and to bargain
collectively through chosen representatives is recognized and affirmed.
This right shall not be denied , abridged , or interfered w ith by the
employers in any manner whatsoever .
R IG H T TO O R G AN IZE .
53
The right of employers to organize in associations or groups and
to bargain collectively through chosen representatives is recognized
and affirmed. This right shall not he denied.abridged , or interfered
w ith by the ivorkers in any manner whatsoever.
Em ployers should not discharge workers for membership in tradeunions nor for legitimate trad e-uni on activities'.
The workers , in the exercise of their right to organize , should not
use coercive measures of any kind to induce persons to join their or
ganizations nor to induce employers to bargain or deal therewith.
R U LE R ESTATED IN M A N Y A W A R D S.
This rule has been restated m a number of awards, either as it
has just been quoted
Sloss-Sheffield Steel & Iron Co., 12, 7/31/18; Smith & Wesson, 273, 8/21/18;
Detroit Patternmakers, 158, 12/10/18; Worthington Pump & Machinery
Corporation, Cudahy, 163, 12/20/18; Butterick Publishing Co., 752,
3/15/19; recommendation in Western Chemical Co., 1042, 4/10/19.
or in briefer form.
See language quoted in note in section on Collective Bargaining (p. 50)
and also Nos. 21, 21 a, 21 6, 35, 40, 130, 132, 14S, 159, 189, 195, 249, 297,
320, 575, 627, 627 a, 627 J), 641, 696, 831. 981, 990, 1037,
IN TERFERENCE W IT H UNION A C T IV IT Y FO R BID D E N .
Employers are forbidden to discriminate against workers because
of membership in the unions or for legitimate trade-union activities.
Waynesboro cases, 40, 7/11/18; National Refining Co., 97, 8/28/18; New
York Consolidated Railroad (Brooklyn Rapid Transit System), 283,
10/24/18; Standard Wheel Co., 176, 10/25/18; Corn Products Refining
Co., ISO, 11/21/18: General Electric Co., Schenectady, 127 sup., 11/22/18:
Chambersburg cases, 371, 3/11/19; Wharton Steel Co., 798, 3/14/19; Ma
chinists, Hamilton, Ohio, 978, 4/10/19; Sizer Forge Co., 1037, 4/10/19.
See also Detroit United Railway Co., 32, 7/31/18; Bridgeport Munition
Workers, 132, 8/28/18; Dayton Street Railway Co., 150, 10/24/18; Sin
clair Refining Co., 395, 11/20/18; Ohio Electric Railway Co., Lima City
Lines, 296, 1/15/19; Madison Machinists, 195, 2/18/19; A. H. Betersen
Manufacturing Co., 320, 3/14/19; Washington Railway & Electric Co.,
1049, 3/27/19; and recommendations in the following cases: Columbus
Railroad Co., 302, 10/24/18; Jacksonville Traction Co., 83, 2/4/19; Ameri
can Can Co., 694, 2/11/19; American Hide & Leather Co., 519, 519a,
3/5/19; Brooklyn Rapid Transit Co., 751. 3/6/19: Third Avenue Rail
way Co., 332. 3/7/19; Union Railway Co. of New York, 564, 3/7/19; Mid
west Engine Co., 562 a, 3/26/19 ; Blake-Knowles Pump Works, 642, 4/9/19 ;
Vim Motor Co., 853, 4/9/19; Richmond, Ind., cases 643, 4/10/19; West
field Manufacturing Co., 968, 4/11/19; Northern Cooperage Co., 981,
4/29/19; Standard Conveyor Co., 990, 4/29/19: New York Airbrake Co.,
4991), 5/1/19.
In a number of cases in which employees had been discharged for
such reasons the board ordered their reinstatement with compensa
tion for all that they had lost by reason of their discharge.
General Electric Co., Lynn, 231, 10/24/18; National Car Coupler Co., 328,
11/19/18; Corn Products Refining Co., 130, 11/21/18; Klieber-Dawson
Machine Co., 221, 11/21/18; Georgia Railway & Power Co., 159, 12/5/18;
Western Drop Forge Co., 334, 1/29/19; Wharton Steel Co., 798, 3/14/19.
See also Columbus Railway, Power & Light Co., 146, 7/31/18; National
54
C H A P T E R I V .-----S U M M A R Y A N D A N A L Y S IS OF A W A R D S .
Refining Co., 97, 8/28/18; Standard Wheel Co., 176, 10/25/18; Sinclair
Refining Co., 895, 11/20/18; Savannah Electric Co., 748 sup., 1/28/19; and
recommendations in the following cases: Smith & Wesson, 278, 8/21/18;
New York Consolidated Railroad (Brooklyn Rapid Transit System), 283,
10/24/18; Columbus Railroad Co., 302, 10/24/18; Bethlehem Steel Co.,
North Lebanon Plant, 401, 1/15/19; Eastern Steel Co., 4 I8 , 1/15/19 ; Im
perial Electric Co., 520, 1/15/19; Columbia Metal Box Co., 772, 1/15/19;
American Can Co., 694, 2/11/19; Kansas City Structural Steel Co., 495,
2/12/19; American Hide & Leather Co., 519, 519 a, 3/5/19; La Crosse
Plow Co., 675, 3/5/19; American Research Glass Co., 878, 3/5/19; Mid
west Engine Co., 562 a, 3/26/19; Fort Wayne & Northwestern Railway
Co., b66, 4/10/19; Machine companies of Columbus, Ohio, 502, 4/10/19;
Los Angeles Railway Corporation, 753, 4/10/19; Minneapolis Steel & Ma
chinery Co., 46 , 4/11/19; Minneapolis Gas Light Co., 473, 4/11/19. In
some cases, e. g., Pacific Electric Railway Co., 214, 4/9/19; San Diego
Electric Railway Co., 452, 4/10/19, the board decided that the facts were
not such as to cause it to recommend reinstatement. Examiners were
directed to pass upon claims of men that they had been discharged for
union membership or activity in National Refining Co., 97, 8/28/18;
Standard Wheel Co., 176, 10/25/18; Klieber-Dawson Machine Co., 221,
11/21/18, and in plants specified in Report of Committee on Various
Plants of the General Electric Co., approved by board 1/15/19. See also
Minneapolis Steel &Machinery Co., 46, 4/11/19 ; American Hoist &Derrick
Co., 571, 4/11/19. Committees were directed to take up this matter with
the management in Winslow Bros. Co., 533, 3/5/19; Williamsport Wire
Rope Co., 818, 3/5/19; Otis Steel Castings Co., 881, 3/5/19; Sterling
Machine & Stamping Co., 575, 3/12/19; Rhode Island Textile Workers,
275, 3/13/19; Rhode Island Branch National Metal Trades Assn., 189,
3/26/19; Matthews Engineering Co., 5I§2, 5)2 a. 3/27/19: Richmond, Ind.,
cases, 643, 4/10/19; Western Chemical Co., 1042, 4/10/19; Boilermakers,
Akron, Ohio, 826 a, 4/11/19; Northern Cooperage Co., 981, 4/29/19;
Standard Conveyor Co., 990, 4/29/19; Donnelley & Sons Co., 778, 4/30/19.
See also Wharton Steel Co., 798, 3/14/19; Sizer Forge Co., 1037, 4/10/19;
New York Airbrake Co., 499 b, 5/1/19.
So also the board has forbidden the blacklisting of union men;
Sloss-Sheffield Steel & Iron Co., 12, 7/31/18.
it has forbidden employers to make with their employees individual
contracts which deter their employees from joining unions;
Omaha & Council Bluffs Street Railway Co., 154, 7/31/18; Washington
Railway & Electric Co., 1049, 3/25/19. See also Smith & Wesson, 273,
8/21 /18; General Electric Co., Pittsfield, 19, 7/31/18. Compare minority
report in Donnelley & Sons Co., 778, 4/30/19.
it has held that peaceful participation in a strike should not be a
bar to reemployment;
Savannah Electric Co., 748 sup., 1/28/19. See also National Refining Co.,
.97, 8/28/18, 97 sup., 4/30/19.
and it has referred to the War Department evidence that employers
had misused the selective draft law in order to punish union men.
Bethlehem Steel Co., 22, 7/31/18. See also Bridgeport Munition WTorkers,
132, 8/28/18.
It is not sufficient for the company to countenance a company
union;
New York Consolidated Railroad (Brooklyn Rapid Transit System), 283,
10/24/18. See also Pacific Electric Railway Co., 214, 4/9/19; San Diego
Electric Railway Co., 452, 4/10/19: Los Angeles Railway Corporation,
753, 4/10/19.
In Pacific Electric Railway Co., 214, 4/9/19, the board said, “ We find upon
consideration that the company’s contention that the men have always
been able to discuss grievances as individuals and that no system of
R IG H T TO OR G AN IZE .
55
collective bargaining is necessary for their welfare, is wrong in fact and
in principle, nor do the division meetings held by the men, which were
advocated by the company as an adequate plan of collective bargaining,
constitute an ideal or even a proper means of free and unhampered discus
sion by the men of their grievances and their presentation of same to the
company for adjustment.”
in fact, the company may not compel the men to join a beneficial
organization conducted by the company;
Standard Wheel Co., 176, 10/25/18; Corn Products Refining Co., 130,
11/21/18; Midvale Steel & Ordnance Co., 129, 2/11/19. But see require
ments which were sustained in Sloss-Sheffield Steel & Iron Co., 12,
7/31/18.
but the employees must be allowed to become members of any legiti
mate labor organization without interference upon the part of the
company. As the board said in the case of the New York Consoli
dated Railroad,
(Brooklyn Rapid Transit System), 283, 10/24/18. See also Minneapolis
Steel & Machinery Co., 46, 4/11/19; Brooklyn Rapid Transit Co., 751,
3/6/19; Third Avenue Railway Co., 332, 3/7/19; Union Railway Co. of
New York, 564, 3/7/19.
“ The right of the workers of this company freely to organize in
trade unions, or to join the same, and to bargain collectively, is
affirmed, and discharges for legitimate union activities, interrogation
of workers by officials as to their union affiliations, espionage by
agents or representatives of the company, visits by officials of the
company to the neighborhood of the meeting place of the organiza
tion for the purpose of observing the men who belong to such unions,
to their detriment as employees of the company, and like actions,
the intent of which is to discourage and prevent men from exercising
this right of organization, must be deemed an interference with their
rights as laid down in the principles of the board.”
Under ordinary circumstances an employer can not object to the
wearing of a union button by an employee even while he is on duty;
Columbus Railway, Power & Light Co., U/6, 7/31/18.
but if the wearing of the button actually causes lack of cooperation
between the union and the nonunion employees the company may
forbid the use of such a symbol during working hours, although,
of course, the men are entitled to wear it when they are off duty.
Georgia Railway & Power Co., 159, 12/5/18.
In the case of the Corn Products Refining Co.
130, 11/21/18.
the award, with the acquiescence of the company, provided that em
ployees, upon giving proper notice, must be permitted to absent them
selves without pay to attend union conventions ; and in Washington
Railway & Electric Co.,
101,9, 3/25/19.
by agreement between the parties a similar award provided that
leave of absence should be granted to members of committees chosen
for the purpose of treating with the company; but in two other
cases
Ohio Electric Railway Co., Lima City Lines, 296, 1/15/19; Ohio Electric
Railway Co., Lima Interurban Lines, 627, 1/15/19.
56
C H A P TE R I V .-----S U M M A R Y A N D A N A L Y S IS
OF A W A R D S .
the board decided that the granting of leave of absence to committees
representing employees was a matter to be settled between the com
pany and the employees, although specific grievances might be pre
sented to the board for decision.
The Corn Products award also provided that in case of reductions
in the force seniority must be given preference, and that employ
ment must be accepted proof of general competency, so that state
ment of specific incompetency must be. given a dismissed employee
upon demand of himself or his representative.
C OLLECTIVE B ARGAIN IN G.
Except where a union was recognized by the employer before the
submission of a controversy to the board, the employer is usually
under no obligation to recognize the union.
See authorities in section on Representation of Workers by Outside
Agents (p. 65).
But the workers have the right to organize for bargaining collec
tively through their chosen representatives,
Newsprint Paper, 35, 6/27/18; St. Joseph Lead Co., 16, 7/31/18; Bethlehem
Steel Co., 22, 7/31/18; Columbus Railway, Light & Power Co., 146,
7/31/18; Smith & Wesson, 273, 8/21/18; Bridgeport Munition Workers,
132, 8/28/18; A. M. Byers Co., 134, 9/13/18; Saginaw Machinists, 147,
10/25/18; Reading Iron Co., 416, 11/19/18; Union Carbide Co., 174,
1/15/19; Wharton Steel Co., 798, 3/14/19; Westfield Manufacturing Co.,
968, 4/11/19. See also General Electric Co., Pittsfield, 19, 7/31/18;
recommendations in American Can Co., 694, 2/11/19; Huntington Steel
Foundry Co., 640, 2/18/19; Richmond, Ind., cases, 643, 4/10/19; and
next note.
and it is the duty of the companies to recognize and deal with com
mittees after they have been constituted by the employees.
Waynesboro case, 40, 7/11/18; Columbus Railway, Light & Power Co.,
146, 7/31/18; Corn Products Refining Co., 130, 11/21/18; A. H.
Petersen Manufacturing Co., 320, 3/14/19; Wharton Steel Co., 798,
3/14/19; Parsons Co., 831, 4/9/19; Machinists, Hamilton, Ohio, 978,
4/10/19; Westfield Manufacturing Co., 968, 4/11/19; recommendations in
Nos. 21, 21 a, 21 &, 122, 189, 419, 420, 421, 422, 422 a, 422 b, 575, 696,
725, 784, 881. See also Washington Railway & Electric Co., 1049, 3/25/19;
Louisville & Northern Railway & Lighting Co., 555, 4/10/19; Western
Chemical Co., 1042, 4/10/19; Minneapolis Steel & Machinery Co., 46,
4/11/19; New York Airbrake Co., 499 b, 5/1/19.
The following clause appears in a number of awards or recommenda
tions : “ The principles upon which the National War Labor Board is
founded guarantee the right to employees to organize and to bargain
collectively, and there shall be no discrimination or coercion directed
against proper activities of this kind. Employees in the exercise of
their right to organize shall not use coercive measures of any
kind to compel persons to join their unions, nor to induce employers to
bargain or deal with their unions. As the right of workers to bargain
collectively through committees has been recognized by the board the
company shall recognize and deal with such committees after they have
been constituted by the employees:” Nos. 16, 80, 81 a, 81 b, 94, 97, 106,
110, 134, H7, 169, 174. 176, 201, 232, 243, 249, 258. 261, 274, 275, 328, 334,
354, S55, 365, 371, 393, 397, 400, 401, 416, 418, 419, 420, 421, 422, 422 a,
422 b, 454, 460, 473, 482, 499 b, 502, 519, 519 a, 521, 533, 542, 562, 562 a, 570,
571, 576, 585, 594, 619, 6)2, 643. 674, 675, 693, 721, 724, 739, 755, 772, 775,
778, 781, 782, 783, 801 to 815, 818, 826 a, 827, 853, 873, 878, 879, 880, 881,
913, 914, 914 a, 915, 915 o, 918, 941, 981, 990 1006 1028, 1037. In a few of
these cases (94, 147, 176, 258, 261, 334, 502, 693, 775, 880), the board
amplified the statement in the last sentence.
B IG H T TO OR G AN IZE .
57
In a number of instances the board has felt that differences be
tween workers and their employers could probably be adjusted by
collective bargaining and has provided for such collective action,
See note following this one and also section on Duties of Committees.
saying that the board itself would decide some particular matters in
dispute only if the parties were unable to reach an agreement.
Bethlehem Steel Co., 22, 7/31/18; Smith & Wesson, 273, 8/21/18; Bridge
port Munition Workers, 132, 8/28/18; General Electric Co., Lynn, 231,
10/24/18; Virginia Bridge & Iron Co., 1ft, 10/24/18; Saginaw Machin
ists, 147, 10/25/18; Standard Wheel Co., 176, 10/25/18; National Car
Coupler Co., 328, 11/19/18; St. Louis Coffin Co., 268, 11/19/18; Red Star
Milling Co., 110, 1/15/19; Bethlehem Steel Co., North Lebanon Plant,
401, 1/15/19; American Clay Machinery Co., 879, 1/15/19. See also
American Sheet & Tin Plate Co., 232, 1/15/19; Bedford Stone Club, 397,
1/15/19; Eastern Steel Co., 418, 1/15/19. The award in American
Locomotive Co., Schenectady, 61, 10/9/18, was superseded by an agree
ment between the company and the two unions on 10/24/18.
Indeed, in the Boston fisheries controversy the board went still
further and made a recommendation of collective bargaining which
extended beyond the parties who were then before the board.
Compare the award as to silk manufacturing in United Textile Workers,
1123, 4/10/19.
It recommended that a conference representing the employers and
the workers engaged in the industry establish machinery for dealing
with grievances and disputes and that it negotiate wage agreements
for the industry as a whole.
In connection with its awards in Nos. 1127, 1128, 1129, 1130, 5/28/19,
cases by marine firemen, masters, marine engineers, fish handlers and others
against the East Coast Fisheries Co. and other companies, the board on the
same date adopted a resolution which provides as follows:
“ The National War Labor Board in rendering the awards in the Boston
fisheries cases is not unmindful of the fact that the work engaged in by
these parties is of vital import to the people of our Nation. The necessity
of continuous operation of the fishing boats is obvious, and it would be
nothing short of a calamity should the source of this food supply be cut off
by reason of misunderstandings that could be amicably adjusted by joint
conference between the representatives of both parties.
“ The cases submitted to the board for arbitration only affect part of the
employees, who are employed on beam trawlers and who comprise only a
small portion of the men engaged in the fishing industry of the Atlantic
coast.
“ Owing to the nature of this business, it would be impossible to outline
a specific set of rules such as has been done to govern the methods of col
lective bargaining in shops, mills, or factories.
“ The National War Labor Board recommends that the representatives
of the owners of beam trawlers and schooners, and the representatives of
the various unions of employees, meet in conference with the view to—
“ 1. The establishment of a fair and equitable machinery for the preven
tion and adjustment of grievances and disputes which may arise in the
industry.
“ 2. The promotion generally of amicable relations between employers
and employees.
“ 3. The negotiation of wage agreements for the industry as a whole.
“ It is the judgment of the board that the parties engaged in this indus
try are best fitted by training and experience to work out the details in
connection with these recommendations, and we urge that they be given
serious consideration.”
58
C H A P TE R I V .-----S U M M A R Y A N D A N A L Y S IS OF A W A R D S.
COMMITTEES ESTABLISHED EOR COLLECTIVE B A R G A IN IN G .
Of course, collective bargaining can be carried on regardless of any
procedural rules laid down by the board if the parties in interest
agree among themselves. But in a number of cases in which the
parties did not agree as to the course to be followed the board has
established rules for collective bargaining between the parties. The
board, however, has not laid down an invariable rule as to the com
position of the committees, the method of choosing representatives,
and the duties of the committees, which applies alike to all cases.
A W A R D S AS TO T H E COM POSITION OF TH E COM MITTEES.
In some cases in which thousands of employees were involved the
board has created shop or departmental committees to adjust disputes
which the employees are unable to adjust with the shop foremen and
the division superintendents, and has directed the department or
shop committees to meet annually and select from among their
number a committee of three employees, known as the committee on
appeals, to meet with the management for the purpose of adjusting
disputes which the department committees have been unable to adjust.
General Electric Co., Pittsfield, 19, 7/31/18; Smith & Wesson, 273, 8/21/18.
The same types of committees are created in General Electric Co.,
Lynn, 231, 10/24/18.
In the Bethlehem
22, 7/31/18.
and Bridgeport
132, 8/28/18.
cases it went further and created local boards of three members from
each side to bring about agreements on disputed issues not covered
by the decisions of the War Labor Board in those cases. The boards
were to be presided over by a chairman appointed by the Secretary of
War. In the Bethlehem case the members of the board were to be
compensated by the parties whom they represented.
A somewhat different award decided that the shop committee
should be elected “ in conformity with the plan approved by the
board ” but also provided that the administrator, in conference with
both sides, should determine the size and membership of the shop
committee.
Pittsfield Machine & Tool Co., 337, 11/21/18.
The Com Products Refining Co. award
130, 11/21/18.
provided for department committees of three employees and a gen
eral plant committee of five employees to be elected by the members
of the department committees: the plant committee should endeavor
to adjust grievances which the department committees were unable to
adjust: if it were unsuccessful, the matter might be referred to the
National War Labor Board or such other agency as the company and
the committee might agree upon.
B IG H T TO OR G AN IZE .
59
Other awards simply called for the election of shop committees to
represent the employees; in case of disagreement between committees
and company controversies were to be brought before the board.
Mason Machine Works, 111, 10/9/18; United Engineering & Foundry Co.,
157, 10/9/18; St. Louis Car Co., 4 a, 10/11/18; Virginia Bridge & Iron
Co., 47, 10/24/18; Saginaw Machinists, 147, 10/25/18; Standard Wheel
Co., 176, 10/25/18; Walworth Manufacturing Co., 274, 3/6/19. See also
B. F. Sturtevant Co., 393, 1/30/19. In St. Louis Coffin Co., 258, 11/19/18,
in case of disagreement concerning arrangements affecting health, com
fort, and working efficiency, appeal was to be made not to the board
but to the local inspectors. In New York Central Iron Works Co.,
Hagerstown, 297, 9/26/18, the parties agreed as to the composition and
election of the committees.
A number of awards provided for a permanent committee of two
members from each side to deal with questions of hours and overtime,
American Locomotive Co., Schenectady, 61, 10/9/18; Mason Machine Works,
111, 10/9/18; United Engineering & Foundry Co., 157, 10/9/18; St. Louis
Car Co., 4 a, 10/11/18; Saginaw Machinists, 147, 10/25/18; Standard
Wheel Co., 176, 10/25/18; Molders, Ridgway, 349,12/20/18; Molders, Wil
liamsport, 355, 12/20/18. The parties in American Locomotive Co.,
Schenectady, subsequently agreed upon a substitute for the award which
omitted this provision.
of classification,
Power to change minimum wages for classes as established in the award
and to establish new rates for additional classes, subject to the general
principles laid down in the award: Worthington Pump & Machinery
Corporation, Cudahy, 163, 12/20/18. Classification of machinists: B. F.
Sturtevant Co., 393, 1/30/19.
or of wages and working conditions,
Recommendation in Smith, Drum & Co., 641, 1/15/19, the decisions of
three members to be binding, but nothing said as to course if three mem
bers should not agree.
the decision of three members to be binding: in case of a tie vote the
decision of the examiner to be binding, except that from his decision
an appeal might be made to the board.
Pending action by the board the decision of the examiner was to remain in
force.
In the Wheeling Molders case
37 b, 9/16/18.
the umpire decided that a committee of two members from each side
should be created to deal with overtime work, and that overtime
should not be worked without the consent of at least three members
of that committee. In the Newsprint Paper case
35, 6/27/18. See also 35 sup., 7/26/18, mp., 1/28/19.
committees of five members from each side were directed to endeavor
to reach an agreement upon several problems: in other respects the
conditions in force on a named date were to remain in force unless
changed by mutual consent of the committees.
In several cases it was decided that the examiner should provide
for minority representation wherever practicable;
General Electric Co., Pittsfield, 19, 7/31/18; Bethlehem Steel Co., 22,
7/31/18; Smith & Wesson, 273, 8/21/18.
60
C H A P TE R I V .-----S U M M A R Y A N D A N A L Y S IS OF A W A R D S.
and in two cases it was decided that at least one woman should be 011
the shop committee.
Standard Wheel Co., 176, 10/25/18; B. F. Sturtevant Co., 393, 1/30/19.
While the committees are usually representative of the several de*
partments of a plant,
See Hayes Pump & Planter Co., 693, 2/12/19; Machine companies of
Columbus, Ohio, 502, 4/10/19; Rome, N. Y., cases, 941, 4/10/19; SteacySchmidt Manufacturing Co., 4$4, 4/10/19; Lancaster, Pa., cases, 873,
4/11/19; Worthington Pump & Machinery Corporation, Cudahy, 163,
12/20/18.
the awards do not uniformly require the observance of this practice.
See Omaha & Council Bluffs Street Railway Co., 154 sup., 1/3/19; Decker
& Sons, 235, 2/12/19; Madison Machinists, 195, 2/18/19; Machinists,
Hamilton, Ohio, 978, 4/10/19.
A W A R D S AS TO ELECTIO NS.
In several cases
General Electric Co., Pittsfield, 19, 7/31/18; Bethlehem Steel Co., 22,
7/31/18; Smith & Wesson, 273, 8/21/18.
the board provided for the holding of the election of department
committees by the workers in some convenient public building in
the neighborhood of the plant, to be selected by the examiner in
charge or, in case of his absence, by some impartial resident of the
town to be selected by the examiner, and provided that the examiner
or his substitute should conduct the election. In a later award
Saginaw Machinists, 147, 10/25/18.
it provided for the holding of the election “ in the place where the
largest total vote of the men can be secured consistent with fairness
of count and full and free expression of choice, either in the shop
or some convenient public building as the parties themselves shall
agree upon.” And in the Corn Products Refining Co. decision
1.30, 11/21/18.
it declared that the committees should be “ elected by secret ballot
in such manner and place and under such conditions as the em
ployees may determine, without influence or interference by the com
pany' or any of its superintendents or foremen.”
The award in B. F. Sturtevant Co.
393, 1/30/19.
provided that the election should be by secret ballot “ with all men
and women machinists eligible to vote.”
In Midvale Steel & Ordnance Co.
129, 2/11/19:
the board decided that an examiner should be sent to the plant in
order to ascertain whether the existing shop committees had been
fairly elected and whether the existing system of collective bargain
ing provided proper means for amendment in case the employees
desired to make changes in the system, and the board provided for
a reelection or the making of changes in the system if either or both
courses should appear to be necessary.
R IG H T TO O R G AN IZE .
61
ELECTION PLAN OUTLINED BY THE JOINT CHAIRMEN.
On October 4, 1918, the joint chairmen approved a plan for the
election of shop committees which provided for the selection of one
committeeman for each 100 employees in each department or section
of the shop, for the nomination of candidates, for the holding of
elections in the shop or some convenient public building as the chief
examiner shall decide, the election to be conducted under the super
vision of the examiner in charge, who is to select as assistants two or
more employees of the department or section for which the election
is held, and who is to be further assisted by some employee, selected
by the employer, who is qualified to identify the voters as bona fide
employees. The election is to be held by secret ballot, and the
foremen and other officials of the company are to absent themselves
from the election. After the first election the procedure may be
changed by agreement between the employer and the committee.
Provision is to be made for reports by the shop committees from
time to time to their respective constituencies.
M O D IFIC ATIO N IN A D M IN ISTR ATIO N OF AW AR D S.
It must be noted, however, that this plan was not followed literally
in all of the subsequent awards,
See citations in section on Awards as to- the Composition of the Com
mittees (p. 58).
that it does not apply to all types of committees, and that in the ad
ministration of the awards the plan has usually been modified to
meet the conditions in the particular cases, sometimes by agreement
between the parties and sometimes, when the parties failed to agree,
by the decision of the administrator in charge, with the approval
of the chief administrator. These agreements or decisions usually
have provided for the selection of three committeemen to a depart
ment, even where a department was composed of only a small num
ber of men; but at other times it has been found desirable to com
bine several departments under one representation.
In the administration of the Bethlehem decision the instructions
from the chief administrator to the examiner in charge call for the
selection by the department or craft committees of executive com
mittees of from three to five men in order to obviate the unwieldy
character which committees of much greater size would exhibit, and
the members of the several executive committees in turn unite to
form the central works committee. The entire membership of the
shop committees, however, participates in the selection of the repre
sentatives of the employees on the local board of mediation end con
ciliation.
DU TIES OF COMMITTEES.
The subject matters with which the committees have been called
upon to deal have varied widely. In one case a joint committee was
directed to try to establish uniform classifications, working condi
tions, and wage schedules throughout the industry.
Newsprint Paper, 35, 6/27/18. See also Saginaw Machinists, 1)1. 10/25/18.
62
C H A P TE R I V .-----S U M M A R Y A N D A N A L Y S IS OF A W A R D S.
In other cases committees were directed to deal with the employ
ment of men on work outside their trade,
Sinclair Refining Co., 395, 11/20/18.
with discharges without sufficient cause,
Sinclair Refining Co., 395, 11/20/18; Winslow Bros. Co., 533, 3/5/19; Wil
liamsport Wire Rope Co., 818, 3/5/19; Otis Steel Co., 881, 3/5/19; Ster
ling Machine & Stamping Co., 575, 3/12/19; Rhode Island Textile Work
ers, 275, 3/13/19; Rhode Island Branch, National Metal Trades Assn., 189,
3/26/19; Matthews Engineering Co., 542, 542 a, 3/27/19; Western Chemi
cal Co., 10^2, 4/10/19; Boiler makers, Akron, Ohio, 826 a, 4/11/19. See
also Hinde & Dauch Paper Co., 576, 4/11/19; New York Airbrake Co.,
499 b, 5/1/19.
with wage scales,
Mason Machine Works, 111, 10/9/18; United Engineering & Foundry Co.,
157, 10/9/18; General Electric Co., Lynn, 281, 10/24/18; Standard Wheel
Co., 176, 10/25/18; National Car Coupler Co., 328, 11/19/18; umpire’s
award in Chambersburg cases, 371, 3/11/19; Boiler makers, Akron, Ohio,
826 a, 4/11/19. See also recommendations in Connersville Blower Co.,
243, 11/21/18; Bethlehem Steel Co., North Lebanon Plant, 401, 1/15/19;
Eastern Steel Co., 418, 1/15/19; Imperial Electric Co., 520, 1/15/19;
Smith, Drum & Co., 641, 1/15/19; Columbia Metal Box Co., 772, 1/15/19;
Athenia Steel & Wire Co., 721, 3/5/19; Northwestern Leather Co., 918,
3/5/19; McDonough Packing Co., 81 a, 3/26/19; Wink Packing Co., 81 b,
3/26/19; E. Godel & Sons, 81 c, 3/26/19; Midwest Engine Co., 562 a,
3/26/19; Vim Motor Co., 853, 4/9/19; Tennessee Copper Co., 1028,
4/10/19; Hinde & Dauch.Paper Co., 576, 4/11/19.
“ Shall meet with the management to establish such classifications and
minimum rates of pay as may seem to them necessary: ” Saginaw Ma
chinists, 147, 10/25/18.
The joint committee “ may from time to time change the minimum rates
for the classes hereby established, and may provide new rates for addi
tional classes,” subject to the general principles laid down in the award:
Umpire’s award in Worthington Pump & Machinery Corp., Cudahy, 163,
12/20/18.
“ For the purpose of ascertaining the recognized prevailing wage scales in
the cities named in this award an administrator shall be designated by
the secretary, who, together with one representative of the employees
and one of the company, shall determine such scales: ” Corn Products
Refining Co., 130, 11/21/18.
The management and shop committee should consider the question of in
equality of rates among those in the same class in the same plant:
recommendations in Minneapolis Gas Light Co., 473, 4/11/19, and in
Minnesota Flour Mills, 482, 4/11/19.
“ If any differences still exist between the employees and the company on
the question of wages, an effort be made to adjust them through a com
mittee of the employees, properly constituted by them, and a committee
representing the company, and should that fail, that a local arbitrator
be selected by the parties, if possible, to adjust these differences: ”
Recommendation in Detroit Forging Co., 365, 3/6/19. See also J. B.
Stine, 521, 4/9/19.
with wages and other conditions of employment,
Bethlehem Steel Co., 22, 7/11/18; Smith & Wesson, 273, 8/21/18. See also
Coopers, Chicago, 111., 696, 3/4/19; Blake-Knowles Pump Works, 642,
4/9/19; Northern Cooperage Co., 981, 4/29/19; Standard Conveyor Co.,
990, 4/29/19.
including provisions for the health, comfort, and working efficiency
of the employees,
St. Louis Coffin Co., 258, 10/9/18.
Permanent joint safety committee to consider improvement in sanitary
and safety conditions; recommendation in Tennessee Copper Co., 1028,
R IG H T TO OR G AN IZE .
63
with wages, hours, working and sanitary conditions, and all other
matters affecting the interests of the employees,
Uniform recommendation in American Sheet & Tin Plate Co-., 232, 1/15/19;
Bedford Stone Club, 397, 1/15/19; Standard Steel Car Co., 914, 914a,
1/15/19; Spang & Co., 915, 3/4/19, 915 a, 3/11/19.
Wages, hours, and working conditions: Corn Products Refining Co., 130,
11/21/18. See also Pattern makers, Columbus, Ohio, 670, 671, 3/26/19;
Richmond, Ind., cases, 643, 4/10/19; Benjamin Iron & Steel Co., 724,
4/10/19; Rome, N. Y., cases, 941, 4/10/19; Donnelley & Sons Co., 778,
4/30/19; New York Airbrake Co., 499 b, 5/1/19,
Wages and other working conditions : Reading, Pa., cases, 522, 3/4/19;
Coopers, Chicago, 111., 696, 3/4/19; San Diego Electric Railway Co., 452,
4/10/19.
with hours and overtime,
Wheeling Molders’ case, 37 b, 9/16/18; American Locomotive Co., Schen
ectady, 61, 10/9/18; Mason Machine Works, 111, 10/9/18 ; United Engi
neering & Foundry Co., 157, 10/9/18; S t Louis Car Co., 4 a, 10/11/18;
Saginaw Machinists, 147, 10/25/18; Standard Wheel Co., 176, 10/25/18;
American Locomotive Works, Paterson, 338, 11/20/18; Connersville
Blower Co., 243, 11/21/18; Benjamin Iron & Steel Co., 724, 4/10/19. See
also Westfield Manufacturing Co., 968, 4/11/19; Otis Steel Co., 881 a,
3/5/19; Midwest Engine Co., 562 a, 3/26/19; Vim Motor Co., 853, 4/9/19;
Machine companies of Columbus, Ohio, 502, 4/10/19; Hinde & Dauch
Paper Co., 676, 4/11/19; Northern Cooperage Co., 981, 4/20/19.
with holidays,
Bethlehem Steel Co., 22, 7/31/18; Bridgeport Munition Workers, 132,
8/28/18.
and weekly work periods,
Bethlehem Steel Co., 22, 7/31/18. See also Metal Trades of Denver, 178,
10/25/18.
with piecework rates,
Bethlehem Steel Co., 22, 7/31/18; St. Louis Car Co. 4 10/11/18.
Piecework practices and rates; Corn Products Refining Co., 130, 11/21/18;
Athenia Steel & Wire Co., 721, 3/5/19; Walworth Manufacturing Co.,
274, 3/6/19.
with payment for special services,
Reading Iron Co., 4*6- 11/19/18.
with payment of less than established minimum rates to persons
physically incapacitated or to some beginners,
St. Louis Car Co., 4 a, 10/11/18; Willys-Overiand Co., 95, 10/11/18; Read
ing Iron Co., 416, 11/19/18; umpire’s award in Chambersburg, Pa., cases,
371, 3/11/19.
with the establishment of an apprentice system,
St. Louis Car Co., 4 a, 10/11/18; St. Louis Coffin Co., 258, 10/19/18. See
also Chambersburg, Pa., cases, 371, 3/11/19; Maryland Pressed Steel Co.,
460 sup., 4/9/19; Donnelley & Sons Co., 778, 4/30/19.
and with matters not settled in the award.
Bridgeport Munition Workers, 132, 8/28/18, 9/4/18; cases in last note in
section on Collective Bargaining; and also B. F. Sturtevant Co.. 393,
1/30/19; American Can Co., 694, 2/11/19; Decker & Sons, 235, 2/12/19;
Parlin & Orendorff, 585, 2/12/19; American Hide & Leather Co., 519,
519 a, 3/5/19; Winslow Bros, Co., 533, 3/5/19; Athenia Steel & Wire Co.,
721, 3/5/19; Commercial Telegraphers’ Union, 722, 723, 3/5/19; Wil
liamsport Wire Rope Co., 818, 3/5/19; Otis Steel Co.. 881 a, 3/5/19; North
western Leather Co., 918, 3/5/19; Detroit Forging Co., 305, 3/6/19;
Sterling Machine & Stamping Co., 575, 3/12/19; Rockford, 111., cases,
64
C H A P T E R I V .-----S U M M A R Y A N D A N A L Y S IS
OF A W A R D S.
801 to 815, 3/12/19; Wisconsin lumber cases, 1000 et seq., 3/12/19;
Western Cold Storage Co., 80, 3/26/19; McDonough Packing Co., 81 «,
3/26/19; Wink Packing Co., 81 6, 3/26/19; E. Godel & Sons, 81 c, 3/26/19;
International Braid Co., 827, 4/9/19; Columbus, Ohio, cases, 502, 4/10/19;
Richmond. Ind., cases, 643, 4/10/19; Rome, N. Y., cases, 941, 4/10/19;
Western Chemical Co., 1042, 4/10/19; Lancaster, Pa., cases, 873 to 877,
4/11/19.
E X ISTIN G CONDITIONS.
In establishments where the union shop exists the same shall con
tinue , and the union standards as to wages , hours of labor , and other
conditions of employment shall be maintained.
UNION SHOP TO CONTIN UE U N ION IZED .
The board has ruled that where a shop had been unionized before
the establishment of the board the shop should continue unionized;
Gem Metal Products Corp., 591, 12/17/18; Meat Cutters of East St. Louis,
111., 829, 3/4/19; recommendations in the following cases: Crown Cork &
Seal Co., 830, 2/11/19; American Research Glass Co.. 878, 3/5/19; Mer
chant Shipbuilding Co., 882, 4/10/19; Minnesota Manufacturing Assn.,
497, 4/11/19. See also Hastings & Schoen, 556, 3/6/19. In Little Rock
Laundries, 233, 11/19/18, where there had been a closed-shop contract be
tween the union and tlie employers up to May 1, 1918, but the employers
did not want to have any further relations with the union, the board
ordered that the form of that agreement should be the form of an agree
ment to be entered into between the same parties except in so far as
they might mutually agree to modify it, although the award raised and
equalized wages and dealt with sanitary conditions.
and that where an employer had recognized some unions and had not
recognized others,
St. Louis Coffin Co., 258, 11/19/18; Corn Products Refining Co., 130, 11/21/18.
or where some of the employers who came within an award had
unionized their plants and others had not done so,
Award, Machinists, Philadelphia, 400, 12/20/18; Findings, Machinists, Phil
adelphia, 400 , 12/20/18.
the employers should continue to negotiate with union committees
to the same extent as theretofore, although they were not obliged
to further unionize their plants. It has even held that where build
ing trade contractors had entered into contracts with the unions
under which their employees were not obliged to work with nonunion
men, a manufacturing company which knew or should have known
of these conditions should not employ its own maintenance men upon
construction work for it coincidentally with the contractors’ men
unless its maintenance men were members of the same unions and
received the same wages.
Eastman Kodak Co.. 677, 1/16/19. See also Omaha Building Trades Coun
cil, 972, 2/12/19. Where, however, electrical employees of companies
which had always maintained closed union shops proposed agreements
with the companies which so classified patrolmen as to bind the com
panies to employ only journeymen linemen, whereas other special quali
fications, such as ability to use snowshoes and traverse rough country,
were equally important, the board refused to grant the proposed classifi
cation, but recommended that the companies grant the patrolmen union
conditions and otherwise treat with them as organized employees: Mon
tana Power Co„ 1583, 2/13/19.
E X IS T IN G
C O N D IT IO N S .
65
In other cases, without abrogating contracts between unions and
employers, the board has under submission agreements made in
creases in wages.
Indianapolis Painters, 62, 9/27/18; Pressmen’s Union of Chicago, 105,
9/27/18; Philadelphia Carpenters and Joiners, 315, 11/19/18; Printers’
League, N. Y., 446, 11/19/18; Cincinnati Traction Co., 408, 11/21/18;
Pressmen’s Union, N. Y., 446 a, 12/6/18; Typographical Union, 446 b,
12/6/18; Paper Cutters’ Union, 446 c, 12/6/18; Bindery Women’s Union,
446 d, 12/6/18; Paper Handlers’ Union, 446 e, 12/6/18; Press Feeders'
Union, 446 f, 12/6/18; N. Y. Photo Engravers’ Union, 892, 3/12/19. See
also Joplin & Pittsburg Railway Co., 23, 7/31/18; Detroit United Rail
way Co., 32, 7/31/18; Poliak Steel Co., 102, 8/21/18; Philadelphia
Painters, 230, 11/19/18; Wilkesbarre cases, 638, 2/20/19; Rochester
Founders, Inc., 414 , 3/6/19; Municipal Gas Co., 1041, 4/30/19. Where,
however, there were contracts between unions and employers, and the
employers did not join in the submission, the board has said that it did
not feel authorized to modify or annul existing contracts, but it has
recommended that conferences be held between representatives of the
employers and the unions involved for the adjustment of complaints in
the manner provided for in the existing agreements: Commercial Teleg
raphers’ Union, 722, 723, 3/5/19: Review Publishing Co., 1052, 3/26/19.
See also Roofers’ Association of Philadelphia, 1051, 4/29/19. In 1052
the board added, “ We believe that due consideration should be given to
the abnormal increase in the cost of living during the war period, which
condition could not have been foreseen at the time of the making of a
five-year contract.”
In establishments where union and nonunion men and women now
work together and the employer meets only with employees or repre
sentatives engaged in said establishments , the continuance of such
conditions shall not be deemed a grievance. This declaration , how
ever , is not intended in any manner to deny the right or discourage
the practice of the formation of labor unions or the joining of the
same by the workers in said establishments , as gucbratnteed in the last
paragraph , nor to prevent the War Labor Board from urging or any
umpire from granting , under the machinery herein provided , im
provement of their situation in the m atter of wages , hours of labor ,
or other conditions as shall be found desirable from time to time.
Established safeguards and regulations for the protection of the
health and safety of workers shall not be relaxed.
REPRESEN TATION OF W ORKERS B Y OU TSIDE AGENTS.
As a general rule an employer is not obliged to contract with a
imion or to deal with a representative of the employees who is not
himself an employee unless the employer has been so acting before
the submission of the controversy to the board.
St. Joseph Lead Co., 16, 7/81/18; A. M. Bvers Co., 134, 9/13/18; Dayton
Street Railway Co., 150, 10/24/18; St. Louis Coffin Co., 258, 11/19/18;
Commonwealth Steel Co., 472, 11/19/18; Machinists. Philadelphia, 400,
12/20/18; Ohio Electric Railway Co., Lima Interurban Lines, 627, Zanes
ville Lines, 627 a, Springfield Interurban Lines, 627 b, 1/15/19; umpire’s
award in Parsons Co., 831, 4/9/19. See also Detroit United Railway Co.,
32, 7/31/18; Columbus Railway, Power & Light Co., 146 , 7/31/18; Estate
Stove Co., 53, 9/13/18; Columbus Railroad Co., 302, 10/22/18; Georgia
Railway & Power Co., 159, 12/5/18; Savannah Electric Co., 748 sup.,
1/28/19; Emerson-Brantingham Co., Batavia, 111., 106, 1/29/19; Western
Drop Forge Co., 334> 1/29/19; findings in Bridgeport Munition Workers,
132, 8/28/18; Hastings & Schoen, 556, 3/6/19; Spokane and Inland Em
pire Railroad Co., 503, 3/27/19; Louisville & Northern Railway & Light
ing Co., 555, 4/10/19.
4 2 6 6 3 ° — 2 2 -------- 5
.6 6
C H A P TE R I V .-----S U M M A R Y A N D A N A L Y S IS OF A W A R D S .
Umpire Lind decided, however, that under special circumstances
the refusal to meet a chosen representative of the men who is not an
employee may constitute a grievance.
Niles-Bement-Pond Co., Plainfield, N. J., 339, 12/9/18.
In the case then before him the company had for years dealt with
a business agent of the union. In December, 1916, a recently ap
pointed manager refused to deal with that agent but some time after
wards granted an increase of wages which had been sought. The
right of the men to be represented by an outsider, therefore, re
mained in abeyance so far as the men were concerned until May, 1918,
when the company again refused to deal with that agent. In August,
1918, there was a strike of all but one of the men employed in the
plant, which ended on submission to the board. The umpire held
that under the circumstances of this case the refusal to deal with the
business agent constituted a grievance. “ In an establishment where
the practice had been uniform one way or the other, it was quite nat
ural for the board to lay down the rule that the continuance of such
practice during the war shou ld not constitute a grievance, but where,
as in this case, there had been an apparently arbitrary change, such
a change might well constitute a grievance.”
The company filed a protest to which the umpire made this reply: “ As I
read and understand the principles formulated by the board it is only in
union shops that the board pledges itself to the maintenance of the con
ditions existing at the time the principles were adopted. In other shops,
such as this, the board reserved full power and control of all the condi
tions in the shop. It only provided that the refusal of the employer to
meet nonemployees as representatives of employees should not constitute
a grievance. Whether the employees in this establishment could have
predicated a grievance on the changed attitude of the corporation in this
case is really beside the question, for that specific question was by the
joint action of the employer and employees submitted to the board and to
the umpire as one of the grievances to be passed upon.”
RECOG N ITION OF UNION.
The joint chairmen when acting as arbitrators in the Omaha and
Council Bluffs Street Railway Co. case
154 sup., 1/8/19.
declared that while “ the rules of the board permit an employer to
insist that in the negotiations between him and his employees he
may deal only with his employees, and only with representatives of
his employees who are his employees,” they do “ not prevent his em
ployees through the agency of any union to which they may belong
to adopt any method prescribed by the oinion for the selection of a
committee of employees to represent the union men in his em
ploy. * * * The words 4recognition of the union ’ have had an
artificial and an improper meaning given to them by employers.
They have been too technical in their treatment of committees of
their employees who have come to them to represent their union em
ployees, when they have said to such a committee 4Do you represent
the union ’ and 4if you do we decline to deal with you.’ The ques
tion is not whether they represent the union. The question is whether
they, being employees, represent other employees, and if that is the
fact, their mere refusal to say that they do not represent the union,
or their admission that they do, does not imply a contract dealing
E X IS T IN G C O N D IT IO N S .
67
with the union or any organization in the sense in which the War
Labor Board understands the term. We think that due to the pride
of the men in their union and organization, and the technical sensi
tiveness of the employer, many troubles have arisen that might have
been completely avoided by a clear understanding of the view of
the National War Labor Board in this regard.”
And the board has declared that a company should give to its
workers the privilege of dealing with their employers through prop
erly accredited committees and that “ the officials of the company
should meet with these committees regardless of the fact that they
may be elected at meetings of employees who are members of a
union.55
Recommendations in Louisville & Northern Railway & Lighting Co., 555,
4/10/19; Los Angeles Railway Corporation, 753, 4/10/19; Pacific Electric
RaiAvay Co., 214, 4/9/19; San Diego Electric Railway Co., 452, 4/10/19.
“ In meeting committees of employees so elected the company does
not necessarily recognize the union or deal with it as such. What
they are dealing with is committees of employees and not with the
union.55
Pacific Electric Railway Co., 214, 4/9/19; Los Angeles Railway Corpora
tion, 753, 4/10/19. In these cases the board referred with approval to
language used by the joint chairmen as arbitrators in Omaha and Council
Bluffs Street Railway Co., 154 sup., 1/3/19, quoted earlier in this section.
See also San Diego Electric Railway Co., 452, 4/11/19.
PRO TECTIN G H E ALTH A N D S A F E T Y OF W O R K E R S.
In protecting the health .and the safety of workers the board has
ordered an electric company to furnish to the workers the necessary
rubber appliances to protect them in case of high voltage and to
furnish rubber coats and boots to the workers in inclement weather;
Northern Indiana Gas & Electric Co., 45, 11/22/18.
it has ordered a steel company to furnish rubber clothing to the men
when they were engaged in the work of sinking shaft or winze:
Wharton Steel Co., 798, 3/14/19. See also Tennessee Copper Co., 1028,
4/10/19; Sinclair Refining Co., 395, 11/20/18.
it has declared that safety appliances conforming to recognized State
and Federal standards should be maintained, and adequate sanitary
and toilet facilities should be provided;
Standard Wheel Co., 176, 10/25/18; National Car Coupler Co., 328, 11/19/18;
Molders, Williamsport, 355, 12/20/18. See also Corn Products Refining
Co., 130, 11/21/18.
it has ordered that safe and proper sanitary conditions be established
and maintained, and reasonable conveniences for the workers be
provided ;
Little Rock Laundries, 233, 11/9/18. In Tennessee Copper Co., 1028,
4/10/19, there appeared to be great need for improvement in the sani
tary and safety conditions, so that the board recommended the establish
ment of a permanent joint safety committee to consider those conditions.
and it has not only decided that a sufficient number of sanitary
drinking fountains, toilets, lockers and bathing facilities should be
68
CH A P TE R I V .-----S U M M A R Y A N D A N A L Y S IS OF A W A R D S.
installed in all departments and kept in a clean and sanitary con
dition,
National Refining Co., 97, 8/28/18; Sinclair Refining Co., 395, 11/20/18.
but it has ordered that sanitary drinking fountains be installed so
that they could be packed with ice from May 15 to October 15 of each
year,
National Refining Co., 97, 8/28/18.
and that ventilators be installed and sufficient heat supplied in the
shop in cold weather to make the shop a comfortable and healthful
place in which to work.
Sinclair Refining Co., 395, 11/20/18.
It has carefully provided as to the conditions which should pre
vail in camps and the charges which should be made for board and
lodging.
Award in Intermountain Power Co., 440, 11/22/18, provided that company
should furnish board and lodging for one dollar per day, and that all
meals should be served at camp.
In Montana Power Co., 583, 2/13/19, the board allowed the practice of de
ducting one dollar per day from the pay of employees when fed and
lodged by the company while away from their home station to continue.
It said that the charge seemed moderate, and as the men introduced no
evidence in support of their position their claim was denied.
In Spokane and Inland Empire Railroad Co., 503, 3/27/19, the board decided
that men detailed away from headquarters ‘should receive their board
and lodging over and above their regular pay, whether on repair or con
struction work. But it further provided that “ Special construction gangs
shall be governed as follows: $1.20 per day for each day’s work shall be
deducted by the company for board and lodging. Board shall be whole
some and sufficient and lodging sanitary. *Camps shall be furnished with
spring beds or cots, mattresses, pillows, sheets, blankets, pillow cases,
and towels. The two latter shall be laundered at least once a week and
blankets at least once every two weeks. Cook houses and dining houses
shall be screened in fly season. The day shall be eight hours, camp to
camp, four ways on the company’s time, and all meals shall be eaten at
the camp.”
It has established lunch periods of twenty minutes,
For employees working underground: Wharton Steel Co., 798, 3/14/19.
of thirty minutes,
Machinists, Hamilton, Ohio, 978, 4/10/19. Thirty minutes with pay where
there are three shifts daily: Corn Products Refining Co., 130, 11/21/18.
of forty-five minutes,
Philadelphia Railways Co., 442, 10/24/18.
and of one hour.
Intermountain Power Co., 440, 11/22/18. One hour for dinner six days in
the week and 30 minutes for supper on Saturday or the day before a
holiday: Meat Cutters of East St. Louis, 111., 829, 3/4/19.
In two cases the time spent in traveling to and from the meal was
to be on the company’s time.
Intermountain Power Co., 440, 11/22/18; Spokane and Inland Empire Rail
road Co., 503, 3/27/19.
Other questions as to working conditions have been left to negotia
tion between the workers and the management;
Newsprint Paper, 35, 6/27/18; Bethlehem Steel Co., 22, 7/31/18; Poliak
Steel Co., 102, 8/21/18; Smith & Wesson, 273, 8/21/18; Standard
WOMEN
IN
IN D U ST R Y *
69
Wheel Co., 176, 10/25/18; Little Rock Laundries, 283, 11/9/18; St. Louis
Coffin Co., 258, 11/19/18; Worthington Pump & Machinery Corp., Cudahy,
168, 12/20/18. “ We recommend that the working conditions and sani
tary conditions in the plant be taken up by the shop committee and the
management, and that the regulations of the State of Colorado be con
formed to W e ste r n Chemical Co., 1042, 4/10/19.
in some instances allowing an appeal to th£ board in case of dis
agreement ;
Smith & Wesson, 273, 8/21/18; Standard Wheel Co., 176, 10/25/18.
in other instances directing the examiner
Little Rock Laundries, 233, 11/9/18.
or the workers
St. Louis Coffin Co., 258, 11/19/18. See also recommendation in Parlin &
Orendorff, 585, 2/12/19. In Coopers, Chicago, 111., 696, 3/4/19, the board
recommended that the matter of unsanitary conditions and unguarded
machinery be brought to the attention of the State department of labor
and the Public Health Office.
to appeal to the local authorities if proper sanitary conditions were
not established.
On the other hand, where the board had granted increases in wages
and. pay for overtime, it refused to order that free meals be furnished
to workers held after regular hours and that there be no penalization
of workers in bad weather.
Northern Indiana Gas & Electric Co., 45, 11/22/18.
WOMEN IN INDUSTRY.
I f it shall become necessary to employ women on work ordinarily
performed by men , they m ust be allowed equal pay for equal work
and must not be allotted tasks disproportionate to their strength .
EQUAL PAY FOR EQUAL WORK.
The principle which has just been quoted has been restated by the
board in a number of the awards.
Newsprint Paper, 35, 6/27/18; General Electric Co., Pittsfield, 19, 7/31/18;
Bethlehem Steel Co., 22, 7/31/18; General Electric Co., Schenectady, 127,
7/31/18, sup., 11/22/18; Bridgeport Munition Workers, 132, 8/28/18;
Rhode Island Co., 180, 10/2/18; Boston Elevated Railway Co., 181,
10/2/18; Willys-Overland Co., 95, 10/11/18; Portland Railway, Light &
Power Co., 72, 10/24/18; Dayton Street Railway Co., 150, 10/24/18;
Kansas City Railways Co., 265, 10/24/18; Standard WTheel Co., 176,
10/25/18; Little Rock Laundries, 233, 11/9/18; St. Louis Car Co., 4 a,
11/11/18; St. Louis Coffin Co., 258, 11/19/18; Detroit United Railway Co.,
82 sup., 11/20/18; East St. Louis, Columbia & Waterloo Railway, 175,
11/20/18; Cumberland County Power & Light Co., 432, 11/20/18; Lewis
ton, Augusta & Waterville Street Railway Co., 448, 11/20/18; Corn
Products Refining Co., 130, 11/21/18; Auburn and Syracuse Electric
Railroad Co., 203, 11/21/18; Syracuse Northern Electric Railway, 246,
11/21/18; Rochester and Syracuse Railroad Co., 278, 11/21/18; Em
pire State Railroad Corporation, 289, 11/21/18; Cincinnati Traction
Co., 408, 11/21/18; Buffalo and Lake Erie Traction Co., 628, 12/5/18;
"Worthington Pump & Machinery Corporation, Cudahy, 163, 12/20/18;
Ohio Electric Railway Co., Lima Interurban Lines, 627, Springfield Interurban Lines, 627 b, Newark Lines, 627 c, 1/15/19; Boston & Worcester
Street Railway Co., 851, 1/15/19; B. F. Sturtevant Co., 393, 1/30/19;
Midvale Steel & Ordnance Co., 129, 2/11/19; Madison Machinists, 195,
70
CHAPTER IV.---- SUMMARY AND ANALYSIS OF AWARDS.
2/18/19; Meat Cutters, East St. Louis, III., 829, 3/4/19; Walworth Manu
facturing Co., 274, 3/6/19; Chambersburg, Pa., cases, 371, 3/11/19;
Matthews Engineering Co., 542, 542 a, 3/27/19. See also New York
Central Iron Works Co., Hagerstown, 297, 9/26/18; Coopers, Chicago,
111., 696 to 704, 3/4/19; Midwest Engine Co., 562 a, 3/26/19; Yim Motor
Co., 853, 4/9/19; Machine Companies of Columbus, Ohio, 502, 4/10/19;
Richmond, Ind., ca^es, 643, 4/10/19; Western Chemical Co., 1042,
4/10/19; Minneapolis Steel & Machinery Co., 46, 4/11/19.
In some of these cases the board has established lower minimum
wages for women than were established for men ;
General Electric Co., Pittsfield, 19, 7/31/18; Bridgeport Munition Workers,
132, 8/28/18; Willys-Overland Co., 95, 10/11/18; St. Louis Car Co., /, a,
11/11/18; Pittsfield Machine & Tool Co., 337, 11/21/18; Matthews Engi
neering Co., 542, 542 a, 3/27/19. And see decisions on appeal from
examiner in Boston Elevated Railway Co., 181, 12/5/18.
but it did not thereby consent to the paying of lower wages to women
than were paid to men for the same work.
The board has also decided that colored women should receive pay
equal to that received by white women for equal work.
Little Rock Laundries, 233, 11/9/18.
E M PLOYM ENT OF W OM EN A S CONDUCTORS.
The employment of women as conductors was considered by the
joint chairmen as arbitrators in July, 1918, in the Detroit United
Railway Co. case.
32, 7/31/18.
While there was a closed-shop contract between the company and
the union, the parties agreed that there should be no discrimination
against women or colored men if the necessity for their employment
should arise, this agreement was incorporated in the award, and
under it a number of women were employed as conductors. After
the signing of the armistice the union protested against, the continued
employment of the women upon the ground that their services were
no longer necessary, and the controversy was brought before the
joint chairmen as arbitrators.
Detroit United Railway Co., 444> 1/18/19.
They pointed out that “ This case does not involve the general
question of the right of women to pursue, as a livelihood, any em
ployment which they desire. It arises under closed-shop restrictions
which, under our principles, during the war, we are required to
maintain. The issue, therefore, is one of the interpretation of the (
contract and the determination of fact to which the contract applies.”
They found that it was not necessary for the company to employ any
more women as conductors and that no more women, except those
who had already qualified for employment, should be taken into its
service.
“ The further issue arises whether we should say to the company,
under the contract and circumstances, that it is its duty to discharge
the women now in its employ. We find no such express limitation
upon the employment of women in the contract. And we feel that
without such express provision equity and fair dealing toward the
women who have prepared themselves for this employment, changed
their residence in order to meet the requirements of the employment,
HOURS OF LABOR.
71
and who doubtless in many instances have come to be dependent on
the income received from the employment, require us to hold that
no such implication arises from the wording used and that the
union must be content with the continued employment of the women ”
whose cases were under consideration.
In the Cleveland Kailway Co. case,
hdl, 3/17/19.
where the company had recently discharged its women conductors
although it could have found use for their services, the board ap
proved the decision in the Detroit case and declared that on the
basis of that decision the women should be reinstated. While the
employment of women was limited by contract in the Detroit
case, there was no such limitation in the Cleveland case.
HOURS OF LABOR.
The basic eight-hour day is recognized as applying in all cases in
which existing law requires it. In all other cases the question of
hours of labor shall be settled w ith due regard to governmental neces
sities and the welfare , health , and proper comfort of the workers.
I. INDUSTRIAL CASES.
NO GENERAL R U LE E STABLISH ED.
While the board has announced that it had under consideration the
matter of the determination of the proper working day,
“ The board hereby announces that it has under consideration the matter
of the determination of the proper working day and that the decision here
made maj be subject to modification when and as the board comes to
a determination in that regard:” Worthington Pump & Machinery Cor
poration, East Cambridge, lJh 7/11/18; Waynesboro cases, Jf0, 7/11/18.
See also Poliak Steel Co., 102, 8/21/18.
it has not yet established any rule as to hours which is of uniform
application.
Upon several occasions differences of opinion in the board resulted
in the submission of the question of hours to umpires. The umpires
usually have awarded the basic eight-hour day, although one umpire
awarded the actual eight-hour day and other umpires regarded it as
desirable in most cases. There are two awards of longer basic days.
The board at one time rendered several decisions in favor of a basic
48-hour week with a guaranty of a minimum number of hours of
employment and provision against excessive overtime. More fre
quently it has awarded the basic eight-hour day, either stating rea
sons applicable to the particular cases under consideration or refrain
ing from any statement of reasons. In other cases it has decreed a
nine-hour .day, because the men had asked for it or because the parties
had agreed upon it; it has refrained from changing the hours even
where the men were working more than eight hours a day; and it has
provided for collective bargaining between the parties and left the
question of hours to collective bargaining. There are also a few
exceptional cases which will be noted later.
72
CHAPTER IV.---- SUMMARY AND ANALYSIS OF AWARDS.
E IGH T-H OU R D A Y U SU ALLY A W A R D E D BY UMPIRES.
In several cases the board, being unable to reach a decision, com
mitted the question to an umpire. The decision in these cases was
usually in favor of the basic eight-hour day or in favor of the actual
eight-hour day, although in two instances other awards were made.
Umpire Eidlitz awarded the eight-hour day, with such discussion
and such provisions for overtime that it seems clear that the basiceight-hour day was intended.
Bridgeport Munition Workers, 132, 8/28/18.
Umpire Clark awarded that there should be an actual eight-hour
day, that overtime should not be worked except in case of an emer
gency, and that nothing should Jbe held to be an emergency unless so
declared by three votes on a joint board to consist of two members
representing the employers and two members representing the em
ployees.
Wheeling Molders, 37 b, 9/16/18.
Umpire Ford was asked simply whether or not the machinists
should be granted a basic eight-hour day with higher rates for over
time. He replied in the affirmative, but added that very few emer
gencies justified the practice of exceeding eight working hours, and
urged adherence to the actual eight-hour day.
Wheeling Machinists, 37 a, 10/30/18.
These three cases were the only ones involving hours of labor
which were decided by umpires before the signing of the armistice.
But umpires have been called upon to decide several such controver
sies since November 11.
In the case of the Iron Molders of Elizabeth, N. J.,
160, 12/17/18.
the hearing before Umpire Mack was on December 7 and the award
was to be effective only until December 31. The award was expressly
based solely upon conditions as they existed at that particular time.
The umpire said that the demand for the eight-hour day was fully jus
tified and that there was abundant reason to believe that in the long
run a change in the actual working da}^ from nine to eight hours
would not lessen production, but that under the particular conditions
existing at the time of the award he did not feel able to go further
than to award the basic eight-hour day. He declared that the work
ing of overtime should be regarded as an abnormal condition, but
allowed such work if paid for at overtime rates.
Umpire Mack also decided the case of the Molders of Warren,
Ohio.
437, 1/8/19.
At the hearing the men had asked for the actual, not the basic,
eight-hour day. The umpire said, 46If the award had been made at
that time, this request might well have been granted, with proper
provisions for overtime only in emergency, to be determined by the
parties jointly. For the brief remaining period, such provisions
are not essential.9’
HOURS OF LABOR.
73
Umpire McChord awarded the basic eight-hour day to the Ma
chinists of Madison, Wis.,
195, 2/8/19.
and in the Chambersburg, Pa., cases.
871, 3/11/19.
Umpire Macy in the New York Harbor case
10, 2/25/19.
awarded the basic eight-hour day to some workers and the basic 48hour week to other workers, while as to a third class of employees he
decided that the hours should remain unchanged until after an inves
tigation and a decision by a commission which was provided for in
the award. In the case of the third class of men, he declared that it
was possible that the peculiar nature of the work done by them re
quired longer days from them than were required of other classes of
workers; but, at the same time, he declared that men who were regu
larly employed for long days should receive a greater rate of com
pensation than would be the case if their days were shorter.
“ Some industries in their operation have inherent disadvantages, such as
unusual danger to life and limb. In such industries it is recognized that
the workers should be compensated for this risk. * * * Excessive
hours are as dangerous to good citizenship as are noxious fumes to the
health of the workers. There may be certain occupations in which the
straight eight-hour day is inherently impossible; if so, the basic eighthour day should be the standard and the pay for overtime regarded as a
legitimate expense and a just charge to be borne by the public. It would
seem, therefore, that the burden of proof that an eight-hour day is im
possible in an industry lies on those who deny its practicability as well
as upon those who request its installation. The workers in a dangerous
occupation or in one requiring undue hours should not be compelled to
carry the burden alone. * * * A wage scale with punitive overtime
provisions can not be determined with justice to the workers or to the
public without a real knowledge of the conditions of the industry, and
the number of hours required to do the necessary tasks. There is noth
ing gained by limiting the working day without a punitive provision for
overtime. On the other hand, in fixing the basic working day and scale
it is necessary to know approximately whether overtime will be the ex
ception or the rule. If it is known beforehand that overtime will of
necessity be the normal condition, then the punitive provision for over
time is merely another method of securing a higher wage scale in com
pensation for excessive hours and loses its punitive purpose. Such a con
dition requires special regulations for overtime work. * * * Because
12 hours has been the custom is no reason why, with careful investiga
tion of the facts, a lesser number of hours might not be discovered to be
advantageous and desirable. Any industry that requires a working day
of 10 and 12 hours must show affirmatively the necessity for the con
tinuance of such hours. The commerce of the port of New York is too
important to the city and nation to warrant, any arbiter in hastily
reducing the working day from 10 or 12 hours to 8 without having be
fore him the full facts as to the probable result of such a change. As
above stated, the necessary information is at present entirely lacking.”
The appointment of a commission was, therefore, recommended.
Umpire Willcox awarded a nine-hour work day to the molders of
the Parsons Co., Newton, Iowa,
831, 4/9/19.
upon the ground that the eight-hour day appeared to be impracticable
in the particular plan involved because it would cut down the num
ber of pourings from four to three.
74
CHAPTER IV.---- SUMMARY AND ANALYSIS OF AWARDS.
DECISIONS OF BO A RD IN F A V O R OF 48-HOUR W E EK .
The board itself has awarded a 48-hour week in several cases, most
of which were decided in October, 1918. It has said:
“ The regular working time of each full week shall consist of 48"
hours, divided into six daily periods of 8 hours. All time worked
in excess of 8 hours within any one day, or 48 hours within any one
full week, shall be considered overtime and shall be paid for at the
rate of time and a half, but any time worked on Sundays or holi
days shall be considered extra time and shall be paid for at the rate
of double time.
“ By mutual agreement between the management and the workers
the daily working schedule may be so lengthened as to permit of a
half holiday on one day of each week.
44It i's further provided that no worker shall be entitled to pay
ment for overtime or extra time unless he shall work 48 hours in
said full week (or 40 hours when a holiday intervenes), except in the
case of illness, accident, misfortune, or other just and necessary
cause.”
Mason Machine Works, 111, 10/9/18; United Engineering & Foundry Co.,
157, 10/9/18; St. Louis Car Co., 4 a, 10/11/18; Standard Wheel Co., 176,
10/11/18; Saginaw Machinists, 147, 10/25/18; Gem Metal Products
Corp., 591, 12/17/18; Walworth Manufacturing Co., 274, 3/6/19; Ameri
can Locomotive Co., Schenectady, 61, 10/9/18, in the last of which, by
agreement between the parties, all but the first two paragraphs were
subsequently stricken out. The language quoted, with the exception of
the last sentence, was used in B. F. Sturtevant Co., 393, 1/30/19.
In each of these awards there are other provisions which guarantee
a minimum number of hours of work each week to each worker who
is employed on the first day of the week,
See section on Guarantee of Minimum Number of Hours (p. 84).
which guard against excessive overtime work,
See section on Provisions Against Excessive Overtime (p. 83).
and which establish a committee system for carrying the provisions
as to hours into effect.
The board has also awarded a 48-hour week in other cases in which
the right to overtime pay does not seem to be based upon the weekly
record.
In Pressmen’s Union of Chicago, 105, 9/27/18, the board announced briefly
that “ The hours of night workers shall be 48 per week as at present.”
But in that case the pressmen’s contract provided for eight hours’ work
with higher pay for overtime and the union was asking for a reduction
from 48 to 45 hours a week for all night workers. The case, therefore, is
not to be regarded as substituting a 48-hour week for an 8-hour day.
In American Locomotive Works, Paterson, 338, 11/20/18, where the men
wanted a Saturday half-holiday, the board awarded a 48-hour week,
leaving the number of hours to be worked each day to the company and
a committee representing the employees. The men who were asking for
this award declared at the hearing that under it overtime should be
paid for time worked beyond the daily schedule of hours.
In Worthington Pump & Machinery Corporation, Cudahy, 163, 12/20/18, the
board decided that “ the number of working hours shall be the same as
at present, namely 48 hours per week.” But in that case there were basic
days of 8 hours and 40 minutes for five days in the week and 4 hours
and 40 minutes for Saturday, and overtime was paid for all time worked
after this period each day.
HOURS OF LABOR.
75
In United Textile Workers, 1123, 4/10/19, the controversy was simply as
to the total number of hours to be worked per week. There was no in
timation that overtime pay should be based on the weekly record.
DECISION S OF B O A RD IN F A V O R OF BASIC 8-HOUR D A Y .
The board has made several awards and recommendations in favor
of the basic eight-hour day. In the first of the awards the decision
was based upon the urgent need of uninterrupted production in the
plants of the company involved.
Worthington Pump & Machinery Corporation, East Cambridge, Mass., Buf
falo, N. Y., Vh 7/31/18.
In other cases, as pointed out in the awards, the decisions were based
upon agreements between the employers and the employees,
Sinclair Refining Co., 395, 12/12/18; Decker & Sons, 235, 2/12/19; Port
land Railway, Light & Power Co., 567, 2/19/19; Wilkesbarre cases, 638,
2/20/19. This was true of Corn Products Refining Co., 130, 11/21/18,
although not so stated in the award. See also Eastern Steel Co., 418,
1/15/19; American Clay Machinery Co., 879, 1/15/19; American and
British Manufacturing Co., 594, 2/12/19. In Matthews Engineering Co.,
542, 3/27/19, the board decided that the basic eight-hour day with five
hours on Saturday, to which the parties had agreed, should be continued
under the award; and in Patternmakers, Columbus, Ohio, 670, 671,
3/26/19, it recommended that the basic eight-hour day with four hours
on Saturday, to which the parties had agreed, should be continued.
upon the custom of the plant,
Molders, Ridgeway, Pa., 349, 12/20/18; recommendations in Crown Cork &
Seal' Co., 830, 2/11/19; Blake-Knowles Pump Works, East Cambridge,
Mass., 642, 4/9/19; Tennessee Copper Co., 1028, 4/10/19; J. A. McNulty,
261, 4/11/19; Minneapolis Gas Light Co., 4^3, 4/11/19; Minnesota Flour
Mills, 4^2, 4/11/19; St. Paul Foundry Co., 570, 4/11/19; American Hoist
& Derrick Co., 571, 4/11/19; Standard Conveyor Co., 990, 4/29/19. It
appears from the records that the awards in National Refining Co., 97,
8/28/18; Midvale Steel & Ordnance Co., 129, 2/11/19, also were based
upon custom existing in those plants. The board declared in award in
Machinists, Philadelphia, 400, 12/20/18, and recommendations in Midwest
Engine Co., 562 a, 3/26/19; Vim Motor Co., 853, 4/9/19, that existing
hours should continue until changed by agreement. The eight-hour basic
day seems to have been the rule in the plants involved in 400 , except
that the night workers in one plant worked 12 hours 5 nights per week.
In 562 a the employees were on an eight-hour basic day. In 853 they
worked 45 hours a week, with time and a half for overtime.
or upon the custom of similar plants in the localities in which the
plants were situated.
Molders, Ridgway, Pa., 349, 12/20/18; recommendations in Bethlehem Steel
Co., Lebanon, 419, 1/15/19; Lebanon Valley Iron Co., 420, 1/15/19; Bur
den Iron & Steel Co., 421, 1/15/19; Cohoes Rolling Mill Co., 422, 1/15/19;
Milton Manufacturing Co., 422 a, 1/15/19; Pennsylvania Iron & Steel Co.,
422 &, 1/15/19; Carpenter Steel Co., 913, 2/12/19. See also, under Cus
tom of Localities, section on Hours and Working Conditions '(p. 89).
In still other cases the awards themselves do not show the reasons
for the decisions.
Coal Dock Operators, 201, 10/24/18; National Car Coupler Co., 328,
11/19/18; Reading Iron Co., 416, 11/19/18; Intermountain Power Co.,
440, 11/28/18; A. H. Petersen Manufacturing Co., 320, 3/14/19; Poliak
Steel Co., 102 sup., 3/29/19. See also award by joint chairmen in arbi'
trators in Sloss-Sheffield Steel & Iron Co., 12, 7/31/18.
76
CHAPTER IV.---- SUMMARY AND ANALYSIS OF AWARDS.
In a case involving a number of plants in which the employers and
employees had agreed upon the eight-hour day, the board decided
that the managers and workers in each plant might by mutual agree
ment so lengthen the daily working schedule as to permit of a Satur
day half-holiday.
Metal Trades of Denver, 178, 10/25/18. See also Molders, Ridgeway, Pa.,
349, 12/20/18; Wilkesbarre cases, 638, 2/20/19.
OTHER A W A R D S ON HOURS.
The controversy as to hours in the case of the Machinists of Ham
ilton, Ohio,
978, 4/10/19.
arose after the signing of the armistice. The men were working
upon the basic eight-hour day, with the option of leaving work at the
end of eight hours but with the schedules so arranged as to leave a
two-hour interval between the day and night shifts, the company
encouraging the men to work overtime. The employees demanded a
45-hour week of actual time, with the schedule so arranged that an
evening shift should begin work as soon as the day shift had com
pleted eight hours. The board ordered the establishment of the
schedule which the men had demanded; but the award also contained
provisions for overtime pay.
In Newsprint Paper,
35, 6/27/18.
while the board awarded the basic eight-hour day to all employees
working inside the mills and to mechanics and repair men, it awarded
a basic nine-hour day to all employees who worked regularly outside
the mills. And in General Electric Co., Schenectady,
127, 7/31/18, award by joint chairmen as arbitrators, followed by board in
General Electric Co., Lynn, 231, 10/24/18.
where the women were working only 4&J Jiours per week and the men
only 50 hours, the request for a 48-hour week was not granted because
of the difficulty of adjusting the wage scale to such small changes
in hours. When it was subsequently shown that the night shift at
the Schenectady plant was working 55 hours per week, those hours
were reduced to 50 per week.
127 sup., 11/22/18.
In other cases basic nine-hour days have been awarded when the
men had asked for them,
Molders, Williamsport, 355, 12/20/18. They Md subsequently attempted to
amend the joint submission into a submission of a claim for a basic eighthour day, but the employers refused to consent to the amendment and
the board therefore refused to consider any modification of the original
claim. The award provides, “ By mutual agreement between the manage
ment and the workers the daily working schedule may be so lengthened
as to permit of a half-holiday on one day of each week.”
or when both sides had agreed to such a day.
Nine hours six days in the week: New York Central Iron Works Co.,
Hagerstowrn, 297, 9/26/18.
Nine hours for five days with a five-hour Saturday ; St. Louis Coffin Co., 258,
11/19/18; Baker Manufacturing Co., 335, 2/19/19. In 335 night men were
given 10 hours 5 nights per week.
HOURS OF LABOR.
77
In Coal Dealers, Lynn, 774, 4/11/19, where the agreement between the
dealers and the teamsters provided for a workday of nine hours except
on Saturday, the umpire decided that, teamsters should clean and harness
horses on company time instead of being obliged to do it on their own
time.
The board has also at times refrained from changing the hours
even where the men were working more than eight hours per day;
In Waynesboro cases, J)0, 7/11/18, the men worked ten hours on five days,
with a five-hour Saturday. They asked for nine hours the first five
days, with five hours on Saturday. The board did not change the number
of hours but announced that “ it has under consideration the matter of
the determination of the proper working-day and that the decision here
made may be subject to modification when and as the board comes to a
determination in that regard.” The award provides, however, that in
case of depression, hours should be reduced before men were laid off.
In Poliak Steel Co., 102, 8/21/18, some of the day men were working ten
hours, while the night men were working 12 hours five nights a week.
The request was for an eight-hour day. The Section was unable to agree
upon the question of hours and said that the workday which was in effect
might be modified when the board reached a decision as to the proper
length of the working-day. The board subsequently, 102 sup., 3/29/19,
established the basic eight-hour day.
In Union Carbide Co., 17), 1/15/19, the men asked for an eight-hour day.
About 55 per cent of the employees were on 8-hour shifts and 45 per cent
were on a 60-hour week, reduced to a 55-hour week by an attendance
bonus which gave to the punctual employees a Saturday afternoon holi
day with pay. The board decided that the hours of labor should “ con
tinue as at present ” but that the attendance bonus might be discon
tinued. The employers had said that the 10-hour day was usual in the
section.
In American Locomotive Co., Richmond, 739, 1/29/19, the men sought a
wreek of eight hours on five days and a five-hour Saturday. They were
awarded nine hours on five days and a five-hour Saturday. The night
force was to work eleven and a half hours five nights, with no work on
Saturday. These hours were awarded because observed in a near-by plant
of the same company.
In Baker Manufacturing Co., 335 a, 2/19/19, where men who were work
ing on a nine-hour day asked for an eight-hour day, the board decreed
that “ The hours shall remain as heretofore.”
In Detroit Forging Co., 365, 3/6/19, which was not a joint submission
case, the men were working ten hours for five days and five hours on
Saturday. They asked for a basic eight-hour day. The Section was un
able to agree on the question of hours. Its report was approved by the
board.
In Westfield Manufacturing Co., 968, 4/11/19, which was jointly submitted
after the signing of the armistice, the men asked for the basic eighthour day. The company produced testimony that the hours of labor of
its competitors throughout the country, and of the leading manufacturers
of other articles in the same town, were not less than nine. The board
denied the request for the basic eight-hour day, but recommended that:
the company confer wTith the committee of employees upon the' dail>
schedule of hours.
and it has refused to award a 44-hour week
Painters, Philadelphia, 230, 11/19/18. In Northern Indiana Gas & Electric
Co., 45, 11/22/18, where the men were working 8£ hours 011 five days and
4| hours on Saturday and sought a 44-hour week, the board declined to
change the hours.
except where it was in effect under an agreement.
This was the case of men engaged in outside work in Painters, Philadelphia,
230, 11/19/18. See also Patternmakers, Columbus, Ohio, 670, 671, 3/26/19,
where the basic eight-hour day with a four-hour Saturday was in effect
under an agreement, and Matthews Engineering Co., 542, 3/27/19, where
the basic eight-hour day with a five-hour Saturday was in effect under
an agreement.
78
CHAPTER IV.---- SUMMARY AND ANALYSIS OF AWARDS.
The award in Corn Products Refining Co.,
ISO, 11/21/18.
however, provides that “ Those operations which are continuous
during the 24 hours shall be conducted by three shifts of eight hours
each,” and that “ Where the operation is necessarily and generally
carried on for seven days in the week, it is imperative that provision
should be made for relief gangs so that the employees in such opera
tions may be relieved from duty on some day of the week.”
In Williamsport Wire Rope Co.,
818, 3/5/19.
where the men were working 57f hours per week and the night men
57| hours, the board declared that the hours were excessive, that they
retarded rather than enhanced the efficiency of the employees, and
that they should be reduced.
In Meat Cutters of East St. Louis, 111.,
829, 3/4/19.
the employees asked for nine hours on five days and eleven hours on
Saturday and the day before a holiday, and the board granted this
request, although it did not restrict the hours between which the work
should be done as closely as the employees desired.
At other times the board has left the question of hours to commit
tees representing the workers and the employers.
Under Right to Organize see section on Duties of Committees (p. 61). The
board made this recommendation in Machine Companies of Columbus,
Ohio, 502, 4/10/19: the committees and the companies should arrange
the question of hours upon a mutually satisfactory basis, but not over
nine hours per day, arranging for a Saturday half-holiday if practicable;
in cases where the shorter workday is now in effect the length of such
workday should not be increased except with the full consent of the
employees.
D E SIG N ATIO N OF HOURS OF W O R K .
Some of the decisions designate the hours between which work
shall be done;
Newsprint paper, 35, 6/27/18; National Refining Co., 97, 8/28/18; Meat Cut
ters of East St. Louis, 111., 829, 3/4/19; Machinists of Hamilton, Ohio,
978, 4/10/19. See also Corn Products Refining Co., 130, 11/21/18; Port
land (Oreg.) Railway, Light and Power Co., 567, 2/19/19. In Inter
mountain Power Co., 440, 11/22/18, the award reads, “ Eight hours, be
tween the hours of 8 a. m. and 5 p. m., shall constitute a day’s work.
The men shall go to and from their wTork on their own time; provided
however, that such time going to and from work shall not exceed onehalf hour per day. One hour for dinner, between the hours of 12 m. and
1 p. m., shall be allowed, and time traveling to and from dinner shall be
on the company’s time.”
and others make provision for a luncheon period.
See section on Protecting Health and Safety of Workers (p. 67) and also
Intermountain Power Co., quoted in preceding note.
• The board has also declared that by mutual agreement between the
management and the workers the daily working schedule may be
so lengthened as to permit of a half-holiday on one day of each week.
American Locomotive Co., Schenectady, 61, 10/9/18; Mason Machine Works,
111, 10/9/18; United Engineering & Foundry Co., 157, 10/9/18; St. Louis
HOURS OF LABOR.
79
Car Co., 4 a, 10/11/18; Standard Wheel Co., 176, 10/11/18; Saginaw Ma
chinists, 147, 10/25/18; Metal Trades of Denver, 178, 10/25/18; American
Locomotive Works, Paterson, 338, 11/20/18; Gem Metal Products Corp.,
591, 12/17/18; Molders, Ridgway, 349, 12/20/18; Molders, Williamsport,
355, 12/20/18; B. F. Sturtevant Co., 393, 1/30/19; Wharton Steel Co., 798,
3/14/19.
SUN D A YS A N D H O LID A Y S.
Several awards declare that the holidays shall be those which are
recognized by State law;
Waynesboro cases, 40, 7/11/18; Worthington Pump & Machinery Corpora
tion, Cudahy, 163, 12/20/18; Madison Machinists, 195, 2/18/19; A. H.
Petersen Manufacturing Co., 320, 3/14/19.
other awards, with or without agreement between the parties, desig
nate the days which shall be treated as holidays:
Four days named: the holidays may be changed by mutual consent of em
ployer and employees in each mill; 36 hours allowed for Christmas holi
day ofily: Newsprint Paper, 35, 6/27/18; eight days named: National
Refining Co., 97, 8/28/18; seven days and Sundays: Sinclair Refining Co.,
395, 11/20/18; six days: Co^n Products Refining Co., 130, 11/21/18;
Molders, Williamsport, 355, 12/20/18; Decker & Sons, 235, 2/12/19; five
days: umpire’s award in New York Harbor case, 10, 2/25/19. The follow
ing awards were declared to be by agreement between the parties: eight
days: New York Central Iron Works Co., Hagerstown, 297, 9/26/18; six
days: St. Louis Car Co., 4 10/11/18.
while still other awards leave the question to committees representing
the management and the workers.
Bethlehem Steel Co., 22, 7/31/18; Bridgeport Munition Workers, 132,
8/28/18.
In the Corn Products case
130, 11/21/18.
it is provided that “ There shall be no work on Labor Day with the
exception of the fire protection force required by law and double time
shall be paid that force.”
In the case of the National Refining Co.
97, 8/28/18.
the board decided that “ Men engaged for regular shift work which
the necessities of the industry require to be done seven days per week
shall receive overtime pay only for hours worked in excess of eight
hours, that is, for these men, Sundays and holidays shall be consid
ered as regular working days so far as overtime is concerned.” But
it will be remembered that in the Corn Products award,
130, 11/21/18; on this portion of the award the parties were in accord.
which was handed down three months later, the board declared that
“ Where the operation is necessarily and generally carried on for
seven days in the week, it is imperative that provision should be
made for relief gangs so that the employees in such operations may
be relieved from duty on some day of the week” That award pro
vided that “ in continuous operations double time shall not apply
to Sunday work where one day off is given in seven.” To the same
effect was the award in Reading Iron Co.,
416, 11/19/18.
80
CHAPTER IV.---- SUMMARY AND ANALYSIS OF AWARDS.
followed by recommendations in a number of other cases,
Bethlehem Steel Co., Lebanon, 419, 1/15/19; Lebanon Valley Iron Co.,
420, 1/15/19; Burden Iron & Steel Co., 421, 1/15/19; Cohoes Rolling Mill
Co., 4^2, 1/15/19; Milton Manufacturing Co., 4%% a, 1/15/19; Pennsyl
vania Iron & Steel Co., 4®2 b, 1/15/19. See also recommendation in
Tennessee Copper Co., 1028, 4/10/19.
that “the double time for Sunday work will not apply to blast fur
naces nor in continuous operations where the employees have one
day off in seven.” And in Decker & Sons,
235, 2/12/19.
while the board awarded double time for Sunday work, it declared
that “ Where the operation is necessarily and generally carried on
for seven days of the week, provision may be made by relief gangs
or otherwise, so that the employees in such operations may be re
lieved from duty on some day of the week, and in case of such re
lief on any other day of the week, double time shall not ,be allowed
for work on Sunday of such week.”
See also umpire’s award in New York Harbor case, 10, 2/25/19; recom
mendations in Carpenter Steel Co., 913, 2/12/19; and Athenia Steel &
Wire Co., 721, 3/5/19; and agreement in Portland Railway, Light &
Power Co., 567, 2/19/19.
On the other hand, in Wharton Steel Co.
798, 3/14/19.
after declaring that at the furnace 8 hours in any one 24-hour
period, including Sundays, should constitute a day’s work, the
award simplv recommended that when labor was available in suffi
cient quantities arrangements should be made so that each man might
have one day in seven for rest.
PA Y M E N T FO R OVERTIM E,
The board does not follow an invariable rule in fixing the pay
ment for overtime work, although the decisions are fairly uniform.
While it has often decided that time and a half should be paid for
all overtime,
Newsprint Paper, 35, 6/27/18; Waynesboro cases, 40, 7/11/18; General
Electric Co., Pittsfield, 19, 7/31/18; Bethlehem Steel Co., 22, 7/31/18;
Bridgeport Munition Workers, 132, 8/28/18; Wheeling Molders, 37b,
9/16/18; American Locomotive Co., Schenectady, 61, 10/9/18; Mason
Machine Works, i l l , 10/9/18; United Engineering & Foundry Co., 157,
10/9/18; St. Louis Car Co., 4a, 10/11/18; Standard Wheel Co., 176,
10/11/18; Coal Dock Operators, 201, 10/24/18; Saginaw Machinists,
147, 10/25/18; Wheeling Machinists, 37a, 10/30/18; St. Louis Coffin Co.,
258, 11/19/18; National Car Coupler Co., 328, 11/19/18; Reading Iron
Co., 416, 11/19/18; General Electric Co., Schenectady, 127 sup., 11/22/18;
Intermountain Power Co., 440, 11/22/18; Iron Molders, Elizabeth, 160,
12/17/18; Gem Metal Products Corporation, 591, 12/17/18; Worthington
Pump &Machinery Corporation, Cudahy, 163,12/20/18 ; Molders, Ridgway,
349, 12/20/18; Molders, Williamsport, 355, 12/20/18; Molders, Warren,
Ohio, 437, 1/8/19; Midvale Steel & Ordnance Co., 129, 2/11/19; Madison
Machinists, 195, 2/18/19; Baker Manufacturing Co., 335, 335a, 2/19/19;
Wilkesbarre, Pa., cases, 638, 2/20/19; umpire’s award in New York Har
bor case, 10, 2/25/19; umpire’s award in Chambersburg, Pa., cases, 371,
3/11/19; A. H. Petersen Manufacturing Co., 320, 3/14/19; Chicago Brush
Manufacturing Co., 754, 3/26/19; Poliak Steel Co., 102 sup., 3/29/19;
Machinists, Hamilton, Ohio, 978, 4/10/19; Westfield Manufacturing Co.,
HOURS OF LABOR.
81
988, 4/11/19. See also Wharton Steel Co.* 798, 3/14/19; Matthews Engi
neering Co., 542, 3/27/19; Sinclair Refining Co., 395, 11/20/18; EmersonBrantingham Co., Batavia, 111., 106, 1/29/19; Crown Cork & Seal Co.,
830, 2/11/19; American & British Manufacturing Co., 594 , 2/12/19;
Carpenter Steel Co., 913, 2/12/19; Detroit Forging Co., 365, 3/6/19;
Maryland Pressed Steel Car Co., Ij60, 4/9/19; Machine companies of
Columbus, Ohio, 502, 4/10/19; Rome, N. Y., cases, 941, 4/10/19; Ten
nessee Copper Co., 1028, 4/10/19; Western Chemical Co., 1042, 4/10/19;
Minneapolis Steel & Machinery Co., 4 6, 4/11/19; J.' A. McNulty, 261,
4/11/19; Steacy-Schmidt Manufacturing Co., 454> 4/11/19; Minnesota
Flour Mills, 482, 4/11/19; St. Paul Foundry Co., 570, 4/11/19; American
Hoist & Derrick Co., 57T, 4/11/19; Lancaster, Pa., cases, 873 to 877,
4/11/19; Northern Cooperage Co., 981, 4/29/19; and recommendations in
Nos. 419, 420, 421, 422, 422a, 422b, rolling-mill cases decided 1/15/19.
In several cases the board has made this recommendation as to retro
active pay: “ If the companies received payment at the rate of time and
one-half for overtime worked beyond eight hours per day for work done
by them either directly or indirectly for the Government or for private
parties, they should in fairness to their employees, compensate said em
ployees on the same basis for the period during which the companies
received such overtime payment for their w orkC olum bus, Ohio,
cases, 502, 4/10/19; Rome, N. Y., cases, 941, 4/10/19; Steacy-Schmidt
Manufacturing Co., 454, 4/11/19; Lancaster, Pa., cases, 873, 4/11/19.
with double time for work on Sundays and holidays,
Waynesboro cases, 40, 7/11/18; Sloss-Sheffield Steel & Iron Co., 12, 7/31/18;
St. Joseph Lead Co., 16, 7/31/18; Bethlehem Steel Co., 22, 7/31/18;
Bridgeport Munition Workers, 132, 8/28/18; Wheeling Molders, 37b,
9/16/18; American Locomotive Co., Schenectady, 61, 10/9/18; Mason Ma
chine Works, 111, 10/9/18; United Engineering & Foundry Co., 157,
10/9/18; St. Louis Car Co., 4
10/11/18; Standard Wheel Co., 176,
10/11/18; Coal Dock Operators, 201, 10/24/18; Saginaw Machinists, 147,
10/25/18; Wheeling Machinists, 37a, 10/30/18; St. Louis Coffin Co., 258,
11/19/18; National Car Coupler Co., 328, 11/19/18; Reading Iron Co.,
416, 11/19/18; Intermountain Power Co., 440, 11/12/18; Iron Molders,
Elizabeth, 160, 12/17/18; Gem Metal Products Corporation, 591,
12/17/18; Worthington Pump & Machinery Corporation, Cudahy, 163,
12/20/18; Molders, Ridgway, 349, 12/20/18; Molders, Williamsport, 355,
12/20/18; Molders, Warren, Ohio, 437, 1/8/19; Midvale Steel & Ordnance
Co., 129, 2/11/19; Decker & Sons, 235, 2/12/19; Madison Machinists, 195,
2/18/19; Baker Manufacturing Co., 335, 2/19/19; Wilkesbarre, Pa., cases,
638, 2/20/19; A. H. Petersen Manufacturing Co., 320, 3/14/19; Poliak
Steel Co., 102 sup., 3/29/19; Machinists, Hamilton, Ohio, 978, 4/10/19;
Westfield Manufacturing Co., 968, 4/11/19. See also umpire’s award in
New York Harbor case, 10, 2/25/19; Sinclair Refining Co., 395, 11/20/18;
Emerson-Brantingham Co., Batavia, 111., 106, 1/29/19; Crown Cork &
Seal Co., 830, 2/11/19; American & British Manufacturing Co., 594,
2/12/19; Carpenter Steel Co., 913, 2/12/19; Baker Manufacturing Co.,
335 a, 2/19/19; Avis Manufacturing Co., 614, 3/5/19; Detroit Forging Co.,
365, 3/6/19; Maryland Pressed Steel Car Co., 460, 4/9/19; Machine Com
panies of Columbus, Ohio, 502, 4/10/19; Rome, N. Y., cases, 941, 4/10/19;
Tennessee Copper Co., 1028, 4/10/19; Western Chemical Co., 1042,
4/10/19; Minneapolis Steel & Machinery Co., 46 , 4/11/19; J. A. McNulty,
261, 4/11/19; Steacy-Schmidt Manufacturing Co., 4$4, 4/11/19; Minne
sota Flour Mills, 482, 4/11/19; St. Paul Foundry Co., 570, 4/11/19;
American Hoist & Derrick Co., 571, 4/11/19; Lancaster, Pa., cases, 873
to 877, 4/11/19; Northern Cooperage Co., 981, 4/29/19; and recommen
dations in Nos. >il9, 420, 421, 422, 422a, 422b, rolling-mill cases, decided
1/15/19. Compare Athenia Steel & Wire Co., 721, 3/5/19.
it has also awarded double time for work on Saturday afternoons,
St. Louis Coffin Co., 258, 11/19/18. See also recommendation as to car
penters in Building Trades of San Antonio, Tex., 216, 1/30/19.
and for some work late at night by those who are not night-shift men.
42663°—22----- 6
82
C H A P TE R I V .-----S U M M A R Y A N D A N A L Y S IS
OF A W A R D S.
In National Refining Co., 97, 8/28/18, it provided that “ For each call to
fight fire at night the workers shall be paid for two and a half hours at
least, at double time.”
In American and British Manufacturing Co., 594, 2/12/19, which was not
a joint submission case, the parties agreed at the hearing that double
time should be paid for work after midnight by men who had prior
thereto worked eight hours, and the recommendation of the board in
cluded this provision.
In Montana Power Co., 583, 2/13/19, the board decided that “ Overtime
shall be paid to all employees under this agreement, except such em
ployees for whom overtime conditions have already been specified, as
follows: All overtime in excess of the-regular working hours shall be
paid for at the rate of one and one-half time straight time, except time
after 10 p. m. until returned to shop, or camp, or temporary quarters, at
the company’s option, after release from work, which time shall be paid
for at the rate of double time. Excepting also as to both of the above
provisions, cases of swing shift or regular shift, established as regular
working hours. In which case the rates for regular working hours shall
apply, and the same rules for overtime shall apply in computing
overtime. It is further provided that on night calls, employees called
prior to 10 p. m. shall receive time and one-half until 10 p. m. and
double time after 10 p. m. until released from work, as provided
above. Employees called between the hours of 10 p. m. and 3 a. m. shall
receive double time until released from work as provided above. Em
ployees called between the hours of 3 a. m. and 8 a. m. shall receive
double time until 8 a. m., at which time it shall be construed that a
regular shift is begun at straight time. Employees called between 10
p. m. and 6 a. m. shall receive not less than one-half day’s regular pay.”
In Spokane & Inland Empire Railroad Co., 503, 3/27/19, the board de
cided relative to the pay of men subject to call from 5 p. m. to 8 a. m.,
“ The willingness of the company to pay these men eight hours straight
time, including Sundays and for additional holidays, and in addition
time and a half for all time worked between 5 p. m. and 12 midnight,
and double time for all time worked between midnight and 8 a. m., we
think is a reasonable agreement, and we make no recommendation in
regard to any alteration thereof.”
In Sloss-Sheffield Steel & Iron Co.
12, 7/31/18. See also Decker & Sons, 235, 2/12/19.
the joint chairmen as arbitrators awarded time and a quarter for
work between eight and ten hours and time and a half for work over
ten hours; but in another case which was decided by them on the
same day
St. Joseph Lead Co., 16, 7/31/18.
they awarded time and a half for work between eight and ten hours
and double time for work after ten hours. A later case
Corn Products Refining Co., 130, 11/21/18.
establishes time and a half for overtime after 8 hours and double
time after 12 hours. The provision in the Hagerstown case
New York Central Iron Works Co., 297, 9/26/18.
that time and a half should be paid for work on holidays was due to
an agreement between the parties.
A number of decisions on payment for Sunday work where the
nature of the industry places the work on an exceptional basis are
stated in the preceding section. A somewhat similar problem is dealt
with in the Newsprint Paper award
35, 6/27/18.
which decides that “ Whenever tour workers are required to work
overtime for more than two weeks to fill a vacancy, all overtime over
H O U R S OF LABOR.
83
two weeks shall be paid for at double-time rates. If, however, the
employer is unable to fill such vacancy, he may apply to the union to
furnish a suitable man to fill same, and if the union is unable to fur
nish the required man the employer shall be required to pay only at
the rate of time and a half until the vacancy is filled.”
In Wharton Steel Co.,
798, 3/14/19.
while the basic eight-hour day was the general rule, train crews were
given nine-hour days without a higher rate for overtime.
“ The working hours for train crews shall be 9 hours per day. Should
their work be completed at any time between the last half-hour point
and the full 9 hours working time, the crew shall have the privilege
of going home. Should the crew be required to remain 30 minutes or less
beyond the end of their ninth working hour to complete the work, no
extra time shall be granted, but in case more than 30 minutes in excess
of 9 hours are required to do the work, overtime shall be granted at the
flat hour basis. The superintendent, or his representative, shall be the
judge as to when the work for the day is completed. Where it is neces
sary to operate the railroad for 24 hours daily, the regular 8-hour shifts
shall be in operation.”
For other workers, except on change of shift, overtime was to be
paid for at the rate of time and a half. This rate was to be paid for
work on Sundays and holidays, except work which was necessarily
performed on those days.
“All time worked in excess of the regular shifts hereinabove provided, in
any consecutive 24 hours, except changing of shifts (and work of train
crews), shall be regarded as overtime, to be paid for at the rate_ of
time and one-half, work done on Sundays and holidays included, except
that work regarded as necessary, such as pumping, firing, and power
house engineering.”
“ The furnaces are necessarily operated continuously, 24 hours per day,
when operated at all. At the furnaces 8 hours in any one 24-hour period,
including Sundays, shall constitute a day’s work, but it is recommended
that when labor is available in sufficient quantities, arrangements should
be made so that each man may have one day in seven for rest.”
The board has awarded the payment of overtime rates for travel
ing during overtime hours;
National Refining Co., 97, 8/28/18. See also Sinclair Refining Co., 395,
11/20/18. Compare Intermountain Power Co., 440, 11/22/18.
and has decided that in calculating the overtime rate for piecework
the piece rate, and not the day rate, is to be used as a basis, if this
course is feasible.
General Electric Co., Schenectady, 127, 7/31/18. This award adds, “Pro
vided, That this change from former practice shall be found by the
supervising examiner to be impracticable or subject to abuse, he may
direct a return to former practice and fix adequate proportionate day
rates upon which all overtime shall be calculated.” On overtime for
piecework see also Bethlehem Steel Co., 22, 7/31/18.
PROVISIONS AGAINST EXCESSiVE OVERTIME.
Those awards which establish 48-hour weeks provide, however, that
“ Excessive overtime shall not be exacted or permitted; and, in order
that the same may be kept within reasonable limits, it is hereby de
creed that where, in any one day, more than two hours’ overtime in
84
CH A P TE R IV .-----S U M M A R Y A N D A N A L Y S IS OF A W A R D S.
excess of eight hours is required, then, for that day, overtime shall be
paid without regard to whether or not the worker shall, during that
week, have worked the weekly schedule provided for.”
Mason Machine Works, 111, 10/9/18; United Engineering & Foundry Co.,
157, 10/9/18; St. Louis Car Co., 4 a, 10/11/18; Standard Wheel Co., 176,
10/11/18; Gem Metal Products Corp., 591, 12/17/18; Saginaw jMachinists, 147, 10/25/18; B. F. Sturtevant Co., 393, 1/30/19; Walworth
Manufacturing Co., 274, 3/6/19; American Locomotive Co., Schenectady,
61, 10/9/18, in the last of which this paragraph was subsequently stricken
out by agreement of the parties.
GUARANTEE OF MINIMUM NUMBER OF HOURS.
The awards which establish 48-hour weeks also declare that 64The
employer shall guarantee to each worker who shall be employed on
the first day of any week the opportunity to work at least 44 hours in
such week, or 36 hours where a holiday intervenes, exclusive of over
time or extra time, and in default of providing such employment
shall pay the worker full wages for such hours, exclusive of overtime
and extra time.”
Mason Machine Works, 111, 10/9/18; United Engineering & Foundry Co.,
157, 10/9/18; St. Louis Car Co., 4 a, 10/11/18; Standard Wheel Co., 176,
10/11/18; Saginaw Machinists, 147, 10/25/18; American Locomotive Co.,
Schenectady, 61, 10/9/18; In the last of which this paragraph was sub
sequently stricken out by agreement of the parties.
An award which does not deal with the 48-hour week declares that
“ When workers are called out after midnight, each worker so called
out shall receive at least four hours’ pay for each call,”
Northern Indiana Gas & Electric Co., ^5, 11/22/18.
while another award provides that 44For each call to fight fire at
night the workers shall be paid for two and a half hours at least, at
double time. If sent away from his home station to work, an em
ployee shall receive not less than eight hours for each day away and
shall be allowed time for traveling to and from the job, and over
time rates for traveling during overtime hours.”
National Refining Co., 97, 8/28/18. Same provision except as to fighting
fires in Sinclair Refining Co., 395, 11/20/18.
The board and its umpires have decided in several cases that in
time of depression hours should be reduced before men were laid off.
Waynesboro, Pa., cases, 40, 7/11/18; umpire’s award in Chambersburg, Pa.,
cases, 371, 3/11/19; umpire's award in Wharton Steel Co., 798, 3/14/19;
recommendations in Steacy-Schmidt Manufacturing Co., 454, 4/11/19;
and in Lancaster, Pa., cases, 873, 4/11/19.
QUESTIONS REFERRED TO COMMITTEES.
As we have already seen, the board has sometimes created a perma
nent committee of two members representing the employer and two
members representing the employees to deal with problems concern
ing overtime work; it has sometimes intrusted to a committee the
problems concerning holidays and weekly work periods; and it has
sometimes left the entire subject of hours to collective bargaining
between the parties.
See pages 61 to 63.
H O U R S OF LABOR.
85
II. STREET RAILWAY CASES.
FACTORS INVOLVED ARE DIFFERENT FROM THOSE INVOLVED
IN INDUSTRIAL CASES.
Many of the cases before the board have been controversies between
street railway companies and their employees; but the question of
hours has been of importance in only a few of these cases. The main
question has been concerning wages, the companies usually contend
ing that they were unable at the existing rates of fare to grant the
increases in pay which were sought, and that, unlike industrial enter
prises, they were forbidden by law to make greater charges for their
services in order to pay higher wages. We shall consider later the
manner in which the board has met these contentions. It is sufficient
here to point out this reason why* many cases which did not involve
hours were brought before the board.
Moreover, while in industrial cases there were usually no existing
contracts between the employers and the employees, there were such
contracts in nearly all of the street railway cases, and while even there
the board could pass upon the future relations between the parties,
the board has not usually felt that it was necessary for it to make
changes in the contracts which affected hours or working conditions.
In the third place, in industrial plants the amount of work which
is to be done is fairly uniform throughout the day, so that the es
sential question concerning hours is simply as to the total amount of
working time. But a street-car company can not economically fur
nish such continuous work to all of its motormen and conductors, so
that when street-car men complain of their hours the complaint is
usually not concerning the number of working hours but concerning
the amount of elapsed time between the beginning and the end of the
day’s work.
These three explanations show why, in spite of the large number
of street railway cases which have come before the board, relatively
•few of the awards have brought about any changes in the hours of
motormen and conductors, and why where changes have been made
they have usually involved elapsed time rather than actual working
time.
STREET RAILWAY HOURS.
In street railway cases the board* has not fixed a maximum number
of hours for a working day nor has it established a basic day:
See, for example, Cleveland, Southwestern & Columbus Railway Co., 57,
7/31/18; Public Service Railway Co., 69, 7/31/18; Cleveland, Painesville & Eastern Railroad Co., 193, 7/31/18; Portland Railway, Light &
Power Co., 210, 11/21/18; Spokane & Inland Empire Railroad Co., 503,
3/27/19; Pacific Electric Railway Co., 21k, 4/9/19; San Diego Electric
Railway Co., 1^52, 4/10/19; San Franciseo-Oakland Terminal Railways,
610, 4/10/19; Los Angeles Railway Corporation, 753, 4/10/19; Pacific Gas
& Electric Co., 1125, 4/11/19; and also Kansas City Railways Co., 265,
10/24/18.
but it has sought to remedy the more extreme cases of elapsed time
or undue spread of working hours by providing for the payment of
bonuses for runs exceeding a maximum number of hours of such
elapsed time.
Cleveland Railway Co., 31, 7/31/18; Detroit United Railway Co., 32,
7/31/18; Public Service Railway Co., 69, 7/31/18; Omaha and Council
86
CH A P TE R I V .-----S U M M A R Y A N D A N A L Y S IS
OF A W A R D S.
Bluffs Street Railway Co., 154, 7/31/18; Kansas City Railways Co., 265,
10/2,4/18; Denver Tramway Co., 178, 31/20/18; Washington Railway &
Electric Co., 1049, 3/25/19. See, however, Boston Elevated Railway Co.,
181, 10/2/18.
The further provision that “ Whenever there is a break or layoff time in
any of the scheduled runs of 45 minutes or less, such period shall be
paid for at the rates prescribed in this award and shall be considered to
be a part of the platform time ” is also contained in SI, 32, 69, 154r 265.
See also 610, 1049.
As a rule it has not changed previously existing conditions except as
to wages.
See, for example, Columbus Railway, Power & Light Co., 146, 7/31/18.
When it has established payment for overtime, the overtime has not
been time over a basic day but time over scheduled runs.
Detroit United Railway Co., 32, 7/31/18, sup., 12/6/18; Public Service
Railway Co., 69, 7/31/18; Cleveland, Painesville & Eastern Railroad Co.,
193, 7/31/18; Kansas City Railways Co., 265, 10/24/18; Portland Rail
way, Light & Power Co., 210, 11/21/18, sup., 1/15/19; San FranciscoOakland Terminal Railways, 610, 4/10/19; Pacific Gas & Electric Co.,
1125, 4/11/19.
Nos. 31, 32, 69, 15), 193, 210, 265, 610, 1125 contain this provision: “ No
motorman or conductor, however, who regularly is assigned a schedule
run paying more than eight hours platform time shall be required or
allowed to run any such extra trip or do extra work or tripper service
unless there are no available extra men to do such work.” See also 1049.
In a number of cases the request for overtime for work beyond scheduled
runs (Boston & Worcester Street Railway Co., 851, 1/15/19) or beyond a
basic day (Ohio Electric Railway Co., Lima City Lines, 296, 1/15/19;
Ohio Electric Railway Co., Zanesville Lines, 627 a, Springfield Interurban
Lines, 627 b, Newark Lines, 627 c, 1/15/19; see also first note in this
section) was not granted. The board has sometimes met such requests
by saying that “ Existing working conditions . . . shall be continued.”
Minimum guarantees for extra motormen and conductors have
been increased in a few cases;
Public Service Railway Co., 69, 7/31/18. Guaranteed wTages of women:
Kansas City Railways Co., 265, 10/24/18. On minimum guarantees see
also agreement in WTilmington & Philadelphia Traction Co., 475, 1/15/19.
but in other cases in which the men had asked for an increase in the
existing guarantee the board has not made the increase.
Union Traction Co., 96, 7/31/18; Kansas City Railways Co., 265, 10/24/18;
Ohio Electric Railway Co., Lima City Lines, 296, 1/15/19; Ohio Electric
Railway Co., Lima Interurban Lines, 627, Zanesville Lines, 627 a, Spring
field Interurban Lines, 627 b, Newark Lines, 627 c, 1/15/19; Pacific Gas
& Electric Co., 1125, 4/10/19. See also Pacific Electric Railway Co., 214,
4/10/19. The board has sometimes met this request by saying that
“ Existing working conditions * * * shall be continued.”
In two cases it has provided that runs on Sundays and holidays
should be straight runs with no more than eight hours’ time;
Cleveland Railway Co., 31, 7/31/18; Detroit United Railway Co., 32,
7/31/18. See, however, 32 sup., 12/6/18, which provides that “ Runs on
Sundays and holidays shall as far as possible all be straight runs of no
more than eight hours time, but they may exceed eight hours time if abso
lutely necessary, provided the company pays time and a half for all
time in excess of eight hours.”
while in a few cases it has provided that night runs should all be
straight runs with no more than eight hours’ time and with ten hours’
pay.
Cleveland Railway Co., 31, 7/31/18; Detroit United Railway Co., 32,
7/31/18; Kansas City Railways Co., 265, 10/24/18.
M A X IM U M
P R O D U C TIO N .
87
It has, however, refused to grant a request of the men for double
time for working on rest days.
San Francisco-Oaklancl Terminal Railways, 610, 4/10/19.
MAXIMUM PRODUCTION.
The maximum production of all war industries should be main
tained and methods of work and operation on the part of employers
or tvorkers which operate to delay or lim it production ,*or which have
a tendency to artificially increase the 'cost thereof , should be dis
couraged.
Upon several occasions the board has urged both parties to the
controversy to do everything in their power to maintain the maxi
mum production of war necessities and to cooperate in every way
to attain this end.
Poliak Steel Co., 102, 8/21/18; Willys-Overland Co., 95, 10/11/18, See also
award by agreement of parties in New York Central Iron Works Co.,
HagerstowTn, 297, 9/26/18.
In Detroit United Railway Co.
32, 7/31/18. See also Detroit United Railway Co., 444, 1/18/19, and sec
tion on Employment of Women as Conductors (p. 70).
the parties agreed that, in spite of a closed-shop contract between the
company and the union, there should be no discrimination against
women or colored men if the necessity for their employment should
arise, and this agreement was incorporated in the award.
It appeared beyond doubt in Bethlehem Steel Co.
22, 7/31/18.
that “ the dissatisfaction among the employees of the company has
had and is having a seriously detrimental effect upon the production
of war materials absolutely necessary to the success of the American
Expeditionary Forces. This was clearly developed in the testimony
of the officials of the Ordnance Department. The main cause of the
dissatisfaction is a bonus system so complicated and difficult to under
stand that almost one-half of the time of the hearings was consumed
in efforts to secure a clear idea of the system. The absence of any
method of collective bargaining between the management and the em
ployees is another serious cause of unrest, as is also the lack of a
basic guaranteed minimum-wage rate.” The board attempted by its
decision to remove the causes of this dissatisfaction.
In the case of the New York State Railways
120, Intervention of Rochester & Syracuse Railroad Co., 4/10/19.
the board condemned a contract between a street railway company
and its employees which provided that when the cars of an interurban company were on the tracks of the local company they should
be operated by the local employees. Whenever an interurban train
came within the city limits its trainmen were idle approximately
one hour. As this contract wTas about to expire, the board simply
ordered that after this expiration such a provision should not be a
part of any contract between the company and its employees.
The workers in Northern Indiana Gras & Electric Co.
45 ,
1 1 /2 2 /1 8 .
88
C H A P T E R I V .-----S U M M A R Y A N D A N A L Y S IS
OF A W A R D S.
demanded that foremen on jobs be not allowed to use tools, but this
demand was denied because 44inconsistent with the times and unrea
sonable in view of the present necessity for the fullest possible utiliza
tion of the forces of production.”
In the Newsprint Paper case,
35, 6/27/18.
however, the award declared that 44Foremen and boss machine tend
ers shall not do manual labor in excess of 10 per cent of the time.”
In interpreting this section
1/28/19.
it was decided that it applied to a boss machine tender when acting
as foreman, but that when acting under a foreman the section would
not apply as limiting his manual labor to only 10 per cent of his
time.
The board also sustained the contention of the pressmen of the
Butterick Publishing Co.
752, 1/15/19.
that one pressman should operate but one two-color press, in accord
ance with the general practice in Greater New York, although the
shop practice in the Butterick plant had been otherwise;
“ The record shows that it is the general practice in Greater New York
for pressmen to confine their labors to one press of this character. It is
claimed by the representatives of the unions that this condition was
brought about in other establishments because it was unsafe for a press
man to take care of two presses at one time. On the other hand, it is
contended by the employers that a pressman can operate two of these
presses without any great difficulty and that to confine the labors of a
pressman to one press is a great economic loss.” The board approved
the report of the Section of the board assigned to the case which de
clared that “ the business of the complainant is not placed at a disad
vantage wTith establishments of like character by complying with the
general rule in this instance.”
and it has declared in several cases that an apprenticeship system
should be established by mutual agreement between the company
and the shop committee.
Waynesboro cases, 40, 7/11/18; St. Louis Car Co., 4 a, 10/11/18; Saginaw
Machinists, 147, 10/25/18; St. Louis Coffin Co., 258, 11/19/18. Provision
should be nracle for a reasonable number of apprentices: 4 a, 258. Appren
tices should be given an opportunity to learn a trade under circumstances
as to character of work and compensation as may be agreed upon between
committees of the men and their employers: 40-
MOBILIZATION OF LABOR.
For the purpose of mobUizing the labor supply w ith a view to its
rapid and effective distribution , a permanent list of the numberrs of
shilled and other workers available in different parts of the country
shall be kept on file by the Departm ent of Labor , the information to
be constantly furnished —
1. B y the trade-unions.
2. B y State employment bureaus and Federal agencies of like
character.
3 . B y the managers and operators of industrial establishments
throughout the country.
M O B IL IZ A T IO N
OF LABOR.
89
These agencies shall be given opportunity to aid in the distribution
of labor as necessity demands .
CUSTOMS OF LOCALITIES.
In -fixing wages , hours, and conditions of labor , regard should
always be had to the labor standards , wage scales,
other condi
tions prevailing in the localities affected.
HOURS AND WORKING CONDITIONS.
The board has not usually stated the reasons for its decisions upon
wages, hours of labor, and conditions of labor. We have seen, how
ever, that some of the awards upon hours have been based upon the
customs of the plants or upon the customs of similar plants in the
same localities or in localities where the conditions apparently were
not dissimilar,
Section on Decisions of Board in Favor of Basic Eight-hour Day (p. 75).
See also American Locomotive Co., Richmond, 739, 1/29/19; Wharton
Steel Co., 798, 3/14/19; Westfield Manufacturing Co., 968, 4/11/19; West
ern Cold Storage Co., 80, 3/26/19; McDonough Packing Co., 81 a, 3/26/19;
Wink Packing Co., 81 b, 3/26/19; E. Godel & Sons, 81 c, 3/26/19; Armour
& Co., 324, 4/10/19; Hinde & Dauch Paper Co., 576, 4/11/19.
and that at times the board has declared that the days which should
be regarded as holidays were those which were recognized by State
law.
Section on Sundays and Holidays (p. 79).
So, also, in dealing with working conditions the board has directed
the observance of the custom of the community,
Butterick Publishing Co., 752, 1/15/19.
and it has at times directed an appeal to the local authorities if
proper sanitary conditions were not established.
Section on Protecting Health and Safety of Workers (p. 67).
This provision concerning the custom of localities, however, does
not make the local conditions unchangeable. It “ makes the secured
wage and time scales a foundation upon which to build and not an
obstacle to progress, except only as the exigencies of the Avar may
call for patriotic sacrifices.”
Awar$ by Umpire Mack in Iron Molders of Elizabeth N. J., 160, 12/17/19.
“ I am not forgetful that under the applicable governing principles, in
fixing hours of labor as well as wages, regard should be had to the labor
standards and wage scales prevailing in the localities affected. It can
not, however, have been intended that the rate of pay and hours of labor
fixed by contract for a definite locality and for a fixed period of six
months or one year, whether in the prewrar or war time, as in the case
of the foundries here in question, should be the measure of the rates to
be fixed at the expiration of that contract under a continually increasing
cost of living and a consistent and insistent universal demand for the
shorter day. Such an interpretation would bar all progress: its inap
plicability was recognized by both sides in advancing the wage to $5.75
pending arbitration. If it were held to mean that general local indus
trial conditions, and not merely those in the specific industry involved,
are to be considered, but little help can be derived from this provision.
For in Elizabeth, as in most localities, there are doubtless vast differ
ences in wages and hours of labor both for skilled and unskilled indus
90
C H A P TE R I V .-----S U M M A R Y A N D A N A L Y S IS
OF A W A R D S.
trial workers. If, however, the iron molders in the immediate vicinity
of Elizabeth alone be considered, there is no uniform practice either a>
to wages or as to the normal day: if the line be extended to include New
York as a ‘ locality affected,’ while a large majority of foundries have a
normal nine-hour day, the contracts providing therefor were made long
before July 1, 1918, and expire December 31, 1918: a very respectable
minority, moreover, operate even now under a basic eight-hour day at
wages of $5.75 and upwards.
“ In my judgment, however, the principle in question has an entirely dif
ferent interpretation. If there are any real labor standards,or wage
scales in a particular industry or generally in any community, they are
usually the result of years of struggle, the inevitable conflict between
labor and capital under the prevailing industrial system. In times of
peace this struggle would continue; in a time of war it must be checked.
The country’s need must be the first consideration of both parties; as the
boys in the trenches stand ready to give up life itself, labor must stand
ready to make its sacrifices, by overwork, of health and normal longevity;
all standards must yield to the nation’s wants, but only to this. In so far
as patriotism permits, they are to be conserved and regarded in making
awards. Fairly interpreted, this provision makes the secured wage and
time Scales a foundation upon which to build, and not an obstacle in the
path of progress except only as the exigencies of war may call for patri
otic sacrifices.”
u Workmen are entitled to comfortable living wages, and no compari
sons that might be presented are sufficient to overturn or outweigh
that principle.”
Award by Umpire McChord in Madison Machinists, 195, 2/18/19, quoted
more fully in second note in section on Wages and Customs of Locali
ties (p. 93).
PRINCIPLES GOVERNING WAGE AWARDS.
The board has also stated reasons for its decisions in some of the
wage awards, although it has done so in few cases in comparison
with the total number of wage awards. In some cases it has based
the awTards upon wages paid in other plants where conditions were
similar;
See next section, on Wages and Customs of Localities (p. 92).
in other cases it has sought to maintain the standards of living of
the workers affected by granting to them wage advances proportion
ate to the increase in the cost of living;
See section on Maintenance of Standard of Living (p. 93).
and in a third class of cases it has tried to give to the workers a
living wage.
See under heading The Living Wage (p. 94).
Underlying many of the street railway decisions, at least, is the
position that in wage cases it is immaterial whether or not a business
is on a paying basis.
At hearings before the joint chairmen on 6/24/18 and on 6/28/18 the
joint chairmen called attention to the fact that the prices paid by the
company for coal and metals were not dependent upon the financial con
dition of the company. The company on 6/24/18 and on 6/25/18 con
ceded that the right of the employees to reasonable wages was independ
ent of the company’s financial condition. On 6/25 Mr. Taft said, “ We
have no doubt ourselves, and I can speak that in advance, that it is our
duty to go on and fix what we regard as a reasonable rate of wages
without regard to the condition of the company.” In Boston Elevated
Railway Co., 181, 10/2/18, the award of the joint chairmen as arbi-
C U S T O M S OF L O C A L ITIE S.
91
trators pointed out that “ If the company needs coal or steel in the opera
tion of its road it must pay the war prices for these commodities or go
without. Similarly if it needs labor, it must also pay a price com
mensurate with the present exigency, a price which will enable its em
ployees to meet their greatly increased expenses.” Mr. Taft said in his
opinion as one of the arbitrators in a case involving the Michigan United
Railways Co., 405, “ The National War Labor Board, of which we are
chairmen, has held that the financial condition of the company is not a
factor in determining what a fair rate of wages is on a joint submission
like this.” This statement was made in a case which came before Mr.
Taft and Mr. Walsh as arbitrators and not as joint chairmen.
In Coal Dock Operators, Duluth, 201, 10/24/18, the board increased the
compensation of the employees by awarding time and a half for work
in excess of eight hours and double time for Sundays and holidays, and
at the same time recommended that the Fuel Administration “ give due
consideration to the increased cost entailed by reason of this award. Sub
sequently, 201 sup., 11/19/18, the board made a contingent award that
the daily wage rate paid for a 10-hour work day on 10/1/18 should be
the daily wage rate for an 8-hour day, saying, “ Inasmuch as the selling
price of the product of the coal dock operators is controlled by the Fuel
Administration, and is based upon ascertained cost of operation, includ
ing wages, this award is made contingent on the action of the Fuel
Administration making such readjustment in the selling price as may be
warranted by reason of the increased cost of operation entailed by this
award.” Compare the recommendation to the Federal Trade Commission
in Newsprint Paper, 35. 6/27/18, and, under The Living Wage, the section
on Financial Recommendations (p. 114).
The award in Philadelphia Carpenters, Geo. W. Smith Co., 315, 11/19/18,
was made in accordance with the submission agreement on the promise of
the Emergency Fleet Corporation to pay increased compensation if called
for by the award. The award of increased wages in Toledo, Bowling
Green & Southern Railway Co., 521, 12/5/18, was also under the terms of
the submission agreement contingent upon the securing of permission from
the proper authorities to charge a rate of fare adequate to meet such
award.
In Baker Manufacturing Corporation and Davison-Namack Foundry Co.,
403, 4/8/19, Umpire Hale declared that “ The fact that the selling price
of the product has not increased does not of itself prove that there
should be no increase in wages. The employers have introduced no evi
dence in regard to what their profits are with the present prices or
whether those profits might reasonably be reduced.”
In Tennessee Copper Co., 1028, 4/10/19, the board recommended wage ar
rangements which included readjustments in accordance with the market
price of the product. The employees had acquiesced in the giving of
weight to such a factor.'
The considerations which have been stated were also apparently,
sometimes separately and sometimes in combination, given more or
less weight in other cases in which reasons for the decisions were not
stated in the awards.
The board has also acted at times on the further principles, which
do not appear to have been stated in any of the awards, that a higher
wage should be paid for a higher grade of work than for a lower
grade of work,
E. g., the wages awarded to platform men in Butte Electric Railway Co.,
Butte, Mont., 211, 11/20/18, depended in part upon the wages received by
common labor in that town.
and that where work is of an undesirable character that fact should
be given some weight in fixing wages.
Compare the minimum wages awarded'to St. Joseph Lead Co., 16, 7/31/18,
with the minimum wages awarded in other cases about the same time.
See also the opinion of the umpire in New York Harbor case, 10, 2/25/19,
and opinion in Little Rock Laundries, 233, 11/9/18.
92
CH A P TE R IV .-----S U M M A R Y A N D A N A L Y S IS OF A W A R D S.
WAGES AND CUSTOMS OF LOCALITIES.
As already pointed out, some of the wage awards have been ex
plicitly based upon the customs of similar plants in the same locali
ties or of similar plants operating elsewhere under conditions which
apparently were not dissimilar.
Philadelphia Carpenters, Geo. W. Smith Co., 315, 11/19/18; Molders, Ridgway, Pa., 349, 12/20/18; Molders, Williamsport, Pa., 355, 12/20/18;
Montana Power Co., 583, 2/13/19; Nevada Consolidated Copper Co., 303,
2/20/19; umpire’s award in Chambersburg, Pa., cases. 371, 3/11/19;
Wharton Steel Co., 798, 3/14/19; umpire’s award in Baker Manufactur
ing Corporation and Davison-Namack Foundry Co., 403, 4/8/19; WillysMorrow Co., 844, 4/10/19; Remington Arms Co., 937, 4/10/19; umpire’s
award in Coal Dealers, Lynn, Mass., 774, 4/11/19; recommendations in
the following cases: Bethlehem Steel Co., Lebanon, 419, 1/15/19; Leb
anon Valley Iron Co., 420, 1/15/19; Burden Iron & Steel Co., 421,1/15/19;
Cohoes Rolling Mill Co., 422, 1/15/19; Milton Manufacturing Co., 422 a,
1/15/19; Pennsylvania Iron & Steel Co., 422 b, 1/15/19; Columbia Metal
Box Co., 772, 1/15/19; American Locomotive Co., Richmond, 739, 1/29/19;
American & British Manufacturing Co., 594, 2/12/19; Butterick Pub
lishing Co., J380, 2/12/19; Reading, Pa., cases, 522, 3/4/19; Coopers,
Chicago, 111., 696, 3/4/19; United Gas & Electric Co., 725, 3/4/19; Spang
& Co., 915, 3/4/19, 915 a, 3/11/19; Western Cold Storage Co., 80, 3/26/19;
McDonough Packing Co., 81 a, 3/26/19; Wink Packing Co., 81 b, 3/26/19;
E. Godel & Sons, 81 c, 3/26/19; Armour & Co., 324, 4/10/19; Hinde &
Dauch Paper Co., 576, 4/11/19. See also award in Galesburg Railway,
Light & Power Co., 109 sup., 12/5/18; recommendation in Russell Motor
Car Co., 122, 3/4/19. Compare award quoted in note in section on Hours
and Working Conditions (p. 89) ; umpire’s award in Molders, Warren,
Ohio, 437, 1/8/19; recommendation in Firemen of Pittsburgh, Pa., 226,
10/24/18; opinions of minority of board in the following cases; Florida
Fertilizer Manufacturers, 680, 2/18/19; Rhode Island Textile Workers,
275, 3/13/19; Minneapolis Steel & Machinery Co., 46, 4/11/19; St. Paul
Foundry Co., 570, 4/11/19; American Hoist & Derrick Co., 571, 4/11/19.
The decisions in other cases, e. g., Standard Boiler & Plate Iron Co.,
325, 4/9/19, were in a measure governed J>y such customs.
In the street railway cases the joint chairmen as arbitrators made greater
increases in some cities than in others. For example, the maximum
rate in Cleveland, Ohio, was raised from 35 cents to 48 cents, bringing
it to the same level as the rate awarded in Detroit, Chicago, and Buffalo.
As the joint chairmen said, Cleveland Railway Co., 31, 7/31/18, this
exceptional increase was “ due to the fact that the wage paid by the
Cleveland company was unusually low—5'cents below* the average.” In
Boston Elevated Railway Co., 181, 10/2/18, where the joint chairmen in
creased the maximum wages of surface motormen and conductors from
37£ cents to 48 cents, they said, “ The increase is substantial, but is fair.
It is required by the increase in the cost of living and brings the wage
in Boston only up to' a parity with wages of motormen and conductors
in other cities of similar importance, where the cost of living is at most
not higher than it is in Boston.”
Other awards have been based upon the rates paid by the Gov
ernment for work which was being done for it in other places than
the plant involved.
Bethlehem Steel Co., 22, 7/31/18; Philadelphia Carpenters, Geo. W. Smith
Co., 315, 11/19/18; Remington Arms Co., 937, 4/10/19; Boilermakers,
Akron, Ohio, 826 a>, 4/11/19; recommendations in the following cases:
Russell Motor Car Co., 122, 3/4/19; Industrial Manufacturing Co., 783,
3/4/19; Spokane & Inland Empire Railroad Co., 503, 3/27/19; Minne
apolis Steel & Machinery Co,, 46, 4/11/19; St. Paul Foundry Co., 570,
4/11/19; American Hoist & Derrick Co., 571, 4/11/19. (The recommenda
tions in 46, 570, 571, were by majority vote.) See also umpire’s award
in Worthington Pump & Machinery Corporation, Cudahy, 163, 12/20/18;
Machinists, Philadelphia, 400, 12/20/18.
C U S T O M S OF L O C A L IT IE S.
93
In Madison Machinists, 195, 2/18/19, Umpire McChord said, 44It is also
argued by the employers that the wages now’ paid in the factories of
Madison are as high as, or higher than, are paid by the State of Wiscon
sin and the city of Madison, and that therefore a wage level is estab
lished which it would be unwise to change or disturb. This argument
has little force. Carried to its logical conclusion, workers would always
be required to accept low wages, provided the majority in the same com
munity received low wages. It would always mean a reduction to the
lowest level, which is neither just to the worker or the community as
a whole. In any event, there is no just comparison between workers in
factories and those employed by State or municipal authorities. Cer
tainly unduly low wages paid by the latter can not rightfully constitute
the just measure for the former. The test is not so much what the level
is, as how that level measures up with the cost of living. Workmen are
entitled to comfortable wages, and no comparisons that might be pre
sented are sufficient to overturn or outweigh that principle.”
In Niles-Bement-Pond Co., 839, 12/9/18, Umpire Lind said, “ The question
of determining what is a fair wage is always a difficult one and espe
cially so at the present moment when industry as a whole is disturbed
by many untoward conditions. In the present situation I do not think
that it would be either wise or just to be guided in any large degree by
the very high scale of wages that was established by the Government,
while we were actively engaged in hostilities, for the purpose of stimu
lating war production.”
The board has at times, e. g., Machinists, Philadelphia, 400, 12/20/18; In
dustrial Manufacturing Co., 783, 3/4/19, recommended that where the
payment of rates provided for in the decision of the board increases the
cost of production, the Government, for which the companies were pro
ducing, should reimburse the companies to the extent which investiga
tion should show to be necessary under the increased rates.
In the Columbus, Ohio, cases, 502, 4/10/19; Rome, N. Y., cases, 941, 4/10/19;
Steacy-Scmidt Manufacturing Co., 454, 4/11/19; Lancaster, Pa., cases,
873, 4/11/19, the board made the following recommendation: “ If the
companies received payment at the rate of time and one-half for over
time worked beyond eight hours per day for work done by them either
directly or indirectly for the Government or for private parties, they
should, in fairness to their employees, compensate said employees on the
same basis for the period during which the companies received such over
time payment for their work.”
In most if not all of the street railway cases wThich have come before it the
board has found it necessary to add to its award of higher wages a
recommendation that the appropriate authorities allow the company to
increase its charges. See under The Living Wage the nection on Financial
Recommendations (p. 114). And see recommendation to Federal Trade
Commission in Newsprint Paper, 85, 6/27/18.
MAINTENANCE OF STANDARD OF LIVING.
Several of the awards and recommendations have been based ex
plicitly upon increases in the cost of living.
Award by board in Newsprint Paper, 85, 6/27/18; Pressmen’s Union of
Chicago, 105, 9/27/18; Little Rock Laundries,283,11/9/18; Montana Power
Co., 583, 2/18/19. Awards by joint chairmen as arbitrators in Detroit
United Railway Co., 82, 7/31/18; Chicago Surface Lines, 59 a, 7/31/18;
Chicago & West Towns Railway Co., 59 b, 7/31/18; Boston Elevated Rail
way Co., 181, 10/2/18. Recommendations by board by majority vote in
Florida Fertilizer Manufacturers, 680, 2/18/19, and in J. A. McNulty, 261,
4/11/19. See also opinion of umpire in Worthington Pump & Machinery
Corporation, Cudahy, 163, 12/20/18; recommendations in the following
cases: American Sheet & Tin Plate Co., 282, 1/15/19; Bedford Stone
Club, 897, 1/15/19; Bethlehem Steel Co., North Lebanon Plant, 401,
1/15/19; Eastern Steel Co., 41S, 1/15/19; Imperial Electric Co., 520,
1/15/19; Columbia Metal Box Co. 772, 1/15/19; Standard Steel Car Co.,
914, 914 a, 1/15/19; and interpretation of provision as to increased cost
of living in Newsprint Paper, 85 sup., 12/19/18.
94
C H A P TE R I V .— S U M M A R Y A N D A N A L Y S IS OF A W A R D S.
It must be noted, however, that in a number of the cases in which
wages have been raised on a percentage basis,
Willys-Overland Co., 95, 10/11/18; umpire’s award in Niles-Bement-Pond
Co., Plainsfield, N. J., 339, 12/9/18; Molders, Elkhart, Ind., 383, 4/10/19;
Benjamin Iron & Steel Co., 724, 4/10/19; recommendation in Molders,
Fort Wayne, Ind., 284, 4/10/19. See also Reading Iron Co., 416, 11/19/18;
Wilkesbarre cases, 638, 2/20/19; and recommendations in Nos. 419 to 422 b.
or in which the board has simply classified the workers according to
their wages and decided upon separate increases for each class,
See recommendations in Bridgeport Munition Workers, 132, 8/28/18; Emerson-Brantingham Co., Batavia, 111., 106, 1/29/19; American & British
Manufacturing Co., 594, 2/12/19; and award by joint chairmen as arbi
trators in St. Joseph Lead Co., 16, 7/31/18.
the board has granted proportionately greater advances to the lowerpaid workers than to the higher-paid workers.
The same result has sometimes been brought about in the establishment of
minimum wages. See, e. g., women’s wages in St. Louis Coffin Co., 258,
11/19/18. And see citations under Street Railway Wages: Percentage
Increases for Other Employees (p. 110). The board has also in the case
of motormen and conductors increased the wages of new employees to a
greater extent than it increased the wages of those who had been longer
in the service.
It is1apparent, therefore, that the increase in the cost of living is a
factor which is not given uniform weight in wage.cases or is not the
sole factor in determining advances in wages of both the higher-paid
and the lower-paid men.
From umpire’s award in Madison Machinists, 195, 2/18/19:—“ Certain
workers find it difficult to secure the ordinary comforts of life at the
wages they receive from some of the employers in Madison. Such a con
dition ought not to exist anywhere. A worker is entitled, if he be sober
and industrious, as a matter of right, to something more than the bare
living cost. His right is to receive a wage that shall insure to himself
and dependents those ordinary comforts of life that go to make up a
happy home. It is argued by the employers that because their employees
have had their wages increased from time to time, so that the wages now
received represent about the same percentage of increase a*s the increase
in living cost, they have done their full duty in the premises. This, of
course, must be based on the assumption that in 1914 the wages paid
represented all that the worker was then entitled to, which assumption
is not established on this record.”
THE LIVING WAGE.
The right of all workers^ including common laborers , ’to a living
wage is hereby declared .
In fixing wages , minimum rates of pay shall be established which
w ill insure the subsistence of the worker and his fam ily in health
and reasonable com fort .
I. IN GENERAL.
THE AWARDS TO BE EXAMINED.
Under this heading we shall consider not only those awards which
relate strictly to the living wage but all wage awards which have not
been considered elsewhere.
L IV IN G W A G E .
95
DETERMINATION OF THE LIVING WAGE.
In the Waynesboro cases,
40, 7/11/18.
after establishing a minimum wage of 40 cents per hour the board
said, “ The board hereby announces that it has now under considera
tion the matter of the determination of the living wage, which under
its principles must be the minimum rate of wage which will permit
the worker and his family to subsist in reasonable health and com
fort. That in respect to the minimum established by this finding it
shall be understood that it shall be subject to readjustment to con
form to the board’s decision when and as a determination shall be
reached in that regard.”
The board, however, on July 31, 1918, adopted a resolution con
taining the following paragraphs:—
44That the period of the war is not a normal period of industrial
expansion from which the employer should expect unusual profits or
the employees abnormal wages; that it is an interregnum in which
industry is pursued only for common cause and common ends;
“ That capital should have only such reasonable returns as will
assure its use for the world’s and Nation’s cause, while the physical
well-being of labor and its physical and mental effectiveness in a com
fort reasonable in view of the exigencies of the war should likewise
be assured;
“ That this board should be careful in its conclusions not to make
orders in this interregnum, based on approved views of progress in
normal times, which, under war conditions, might seriously impair
the present economic structure of our country;
46That the declaration of our principles as to the living wage and
an established minimum should be construed in the light of these
considerations;
“ That for the present the board or its sections should consider
and decide each case involving these principles on its particular facts
and reserve any definite rule of decision until its judgments have
been sufficiently numerous and their operation sufficiently clear to
make generalization safe.”
0
II. INDUSTRIAL CASES.
WAGE INCREASES.
The board has frequently decided that employers who were parties
to the award should increase wages, either on a definite percentage
basis,
Newsprint Paper, 35, 6/27/18; General Electric Co., Pittsfield, 19, 7/31/18;
General Electric Co., Schenectady, 127, 7/81/18, sup., 11/22/18; Poliak
Steel Co., 102, 8/21/18; St. Louis Car Co., 4 a, 10/11/18; Willys-Overland
Co., 95, 10/11/18; Saginaw Machinists, 147, 10/25/18; St. Louis Coffin Co.,
258, 11/19/18; Reading Iron Co., 416, 11/19/18; Northern Indiana Gas
& Electric Co., 45, 11/22/18; Erie Lighting Co.. 133, 11/22/18; umpire’s
award in Niles-Bement-Pond Co., Plainfield, N. J., 339, 12/9/18; um
pire’s award in Molders, Warren, Ohio, Jf37, 1/8/19; Union Carbide Co.,
174, 1/15/19; Western Drop Forge Co., 334, 1/29/19; Portland Railway,
Light & Power Co., 567, 2/19/19; Wilkesbarre cases, 638, 2/20/19; Wal
worth Manufacturing Co., 274, 3/6/19; Patternmakers, Buffalo, 604,
96
C H A P TE R I V .-----S U M M A R Y AISTD A N A L Y S IS
OF A W A R D S.
3/14/19; Chicago Brush Manufacturing Co., 754, 3/26/19; Matthews
Engineering Co., 542, 542 a, 3/27/19; Standard Boiler & Plate Iron Co.,
825, 4/9/19; Molders, Elkhart, Ind., 383, 4/10/19; Benjamin Iron &
Steel Co., 724, 4/10/19. See also umpire’s award in Madison Machinists,
195, 2/18/19; recommendation in Molders, Fort Wayne, Ind., 284,
4/10/19; recommendation by board by majority vote in Rhode Island
Textile Workers, 275, 3/13/19; and recommendations in Nos. 232, 397,
401, 418, 520, 772, 914, 914 a. In Molders, Warren, Ohio, 437, 1/8/19,
the umpire decided that the wages paid on a named date for a nine-hour
day should be the daily wage rate for an eight-hour day. In Coal Dock
Operators, 201, sup., 11/19/18, the board decided, contingent upon the
action of the Fuel Administration, that the wages paid on a named date
for a ten-hour work day should be the daily wage rate paid for an eighthour day. In instituting basic days the board has increased daily
wages even when it did not raise the hourly rate.
or by a definite amount of money,
Newsprint Paper, 35, 6/27/18; Indianapolis Painters, 62, 9/27/18; Press
men’s Union of Chicago, 105, 9/27/18; New Orleans Railway & Light Co.,
98, 10/24/38; Printers’ League, N. Y., 446, 11/19/18; Pressmen’s Union,
N. Y., 446 a, 12/6/18; Typographical Union, 446 b, 12/6/18; Paper Cut
ters’ Union, 446 c, 12/6/18; Bindery Women’s Union, 446 d, 12/6/18;
Paper Handlers’ Union, 446 e, 12/6/18, sup., 2/12/19; Press Feeders’
Union, 446 f, 12/6/18; Gem Metal Products Corporation, 591, 12/17/18;
New York Photo Engravers’ Union, 892, 3/12/19. See also Sinclair
Refining Co., 395, 12/15/18; recommendations in the following cases:
Bridgeport. Munition Workers, 132, 8/28/18; Emerson-Brantingham Co.,
Batavia, 111., 106, 1/29/19; American & British Manufacturing Co., 594,
2/12/19; award by joint chairmen as arbitrators in St. Joseph Lead
Co., 16, 7/31/18.
or to a definite amount of money,
Molders, Chicago, 87, 6/12/18, sup., 3/14/19; Newsprint Paper, 35,
6/27/18; Waynesboro cases, 40, 7/11/18; St. Joseph Lead Co., 16,
7/31/18; Bethlehem Steel Co., 22, 7/31/18; Poliak Steel Co., 102,
8/21/18; Bridgeport Munition Workers, 132, 8/28/18; recommendation
in American & British Manufacturing Co., 594, 2/12/19; umpire’s award
in Chambersburg, Pa., cases, 371, 3/11/19. See also citations in later
sections.
or by establishing minimum wages to be paid to all men or to all
women employed, or to all those who were doing designated types
of work.
Instances in which these have been do*ie will be stajted in later sections.
It has declared that the wages under consideration were too low
and should be materially increased;
Reading, Pa., cases, 522, 3/4/19; J. B. Stine, 521, 4/9/19.
it has made recommendations against reductions in wages;
Tennessee Copper Co., 1028, 4/10/19; Western Chemical Co., 1042, 4/10/19.
and it has stipulated in a number of cases that the revision of wages
or earnings provided for in the award should in no case operate to
reduce the wages or earnings of any employee.
Newsprint Paper, 35 sup., 7/26/18, sup., 1/28/19; Bethlehem Steel Co., 22,
7/31/18; Bridgeport Munition Workers, 132, 8/28/18; St. Louis Car Co.,
4 a, 10/11/18; Willys-Overland Co., 95, 10/11/18; Corn Products Refining
Co., 130, 11/21/18; Philadelphia Machinists, 400, 12/20/18; recommenda
tion in American & British Manufacturing Co., 594, 2/12/19; umpire’s
award in Madison Machinists, 195, 2/18/19; Meat Cutters of East St.
Louis, 111., 829, 3/4/19; umpire’s award in Chambersburg, Pa., cases, 371,
3/11/19; Wharton Steel Co., 798, 3/14/19; recommendations of board by
majority vote in the following cases: Rhode Island Textile Workers, 275,
L IV IN G W A G E .
97
8/13/19; Minneapolis Steel & Machinery Co., 46, 4/11/19; St. Paul
Foundry Co., 570, 4/11/19; American Hoist & Derrick Co., 571, 4/11/19.
The board has not invariably decided in favor of increases in wages.
It has at times expressed the opinion that the rates under considera
tion were reasonable;
Recommendation in San Diego Electric Railway Co., 452, 4/10/19. See
also limited scope of umpire’s award in Coal Dealers, Lynn, Mass., 774,
4/11/19. Rates reasonable as a whole, although individual inequalities
might call for redress: recommendations in Minneapolis Gas Light Co.,
473, 4/11/19; and in Minnesota Flour Mills, 482, 4/11/19.
and it has in a number of cases left the question of wages to collec
tive bargaining between the parties.
See section on Duties of Committees (p. 61).
MINIMUM WAGES FOR PLANT.
The minimum wage for men has ranged from recommendations of
30 cents an hour for common labor in San Antonio, Tex., *
Building Trades of San Antonio, Tex., 216, 1/30/19.
and 35 cents an hour for lumber company employees on the northern
border of Maine,
Van Buren Lumber Employees, Van Buren, Me., 21, 21 b, 1/15/19.
up to an award of 50 cents to the employees of the St. Joseph
Lead Co.,
Herculaneum, Mo., 16, 7/31/18.
including unskilled laborers. And in the case of Hod Carriers’
Union of Cleveland, Ohio,
104 ,1/15/19.
the board decided that a rate of 55 cents to building trades laborers,
including the unskilled, which was being paid by way of com
promise pending decision by the board, should remain in force. The
awards have usually been around 40 or 42 cents in industrial cases.
30 cents: recommended in Building Trades of San Antonio, Tex., 216,
1/30/19.
35 cents: recommended in Van Buren Lumber Employees, Van Buren, Me.,
21, 21 b, 1/15/19.
37 cents: recommended in Florida Fertilizer Manufacturers, 680, 2/18/19,
against the vote of some members of the board, who thought that the
rate was higher than should be established for that community.
38 cents: Newsprint Paper, 35, 6/27/18. This was apparently recommended
in Aroostook Pulp & Paper Co., Van Buren, Me., 21 a, 1/15/19.
40 cents': to workers over 21 years of age who have been employed six
months: umpire’s award in Madison Machinists, 195, 2/18/19.
40 cents: Waynesboro cases, Waynesboro, Pa., 40, 7/11/18; Poliak Steel
Co., 102, 8/21/18; St. Louis Car Co., 4 <b 10/11/18; Willys-Overland Co.,
Elyria, Ohio, 95, 10/11/18; Reading Iron Co., Reading, Pa., 416,
11/19/18; recommended in American & British Manufacturing Co.,
Providence, R. I., 594, 2/12/19; recommended in Carpenter Steel Co.,
Reading, Pa., 913, 2/12/19; Wilkesbarre cases, 638, 2/20/19; umpire’s
award in Chambersburg, Pa., cases, 371, 3/11/19; Matthews Engineering
Co., Sandusky, Ohio, 542, 542 a, 3/27/19; J. B. Stine, Osceola Mills, Pa.,
521, 4/9/19. See also Commonwealth Steel Co., Granite City, 111.,
472, 11/9/18.
4 2 6 6 3 ° — 2 2 -------- 7
98
C H A P T E R I V .-----S U M M A R Y A N D A N A L Y S IS
OF A W A P D S.
42 cents: General Electric Co., Pittsfield, Mass., 19, 7/31/18; General Elec
tric Co., Schenectady, N. Y., 127, 7/31/18; umpire’s award in Bridgeport
Munition Workers, Bridgeport, Conn,, 132, 8/28/18; Pittsfield Machine &
Tool Co., Pittsfield, Mass., 337, 11/21/18; umpire’s award in Worthington
Pump & Machinery Corporation, Cudahy, Wis., 1G3, 12/20/18; Machinists,
Hamilton, Ohio, 078, 4/10/19. See also recommendations in the follow
ing cases: Remington Arms Co., Ilion, N. Y., 937, 4/10/19; Steacy-Schmidt
Manufacturing Co., York, Pa., 454, 4/11/19; Lancaster, Pa., cases, 873
to 877, 4/11/19.
50 cent&: St. Joseph Lead Co., Herculaneum, Mo., 16, 7/31/18.
55 cents: Hod Carriers’ Union of Cleveland, Ohio, 104 , 1/15/19.
See also next section on wages of laborers (p. 102).
While women are to be paid wages equal to those paid to men
i/or the same work,
See citations under Women in Industry {p. 69).
the board has upon several occasions established lower minimum
wages for the women employees in a plant than were established for
the men employed in the same plant. These minimum wages have
ranged from 20 to
cents per hour.
$11 per iveek (about 20 cents per hour) except for apprentices: Little Rock
Laundries, 233, 11/9/18. First three months, 21 cents, next six months,
26 cents, after nine months, 32 cents: S t Louis Coffin Co., 258, 11/19/18.
30 cents for women 21 years of age or over: General Electric Co., Pitts
field, Mass., 19, 7/31/18; Pittsfield Machine & Tool Co., 337, 11/21/18.
30 cents for women 18 or over; Willys-Overland Co., Elyria, Ohio, 95,
10/11/18; St. Louis Car Co., 4
11/11/1& 30 cents for women except
new employees and apprentices: Standard Wheel Co., Terre Haute, Ind.,
176, 10/25/18.
$15 per week (about 31 cents per hour) ; nothing said as to age: General
Electric Co., Schenectady, N. Y., 127, 7/31/18; Meat Cutters of East St.
Louis, III., 829, 8/4/19.
32 cents for women 18 or over with 6 months’ experience in the plant:
umpire’s award in Worthington Pump & Machinery Corporation, Cudahy,
Wis., 163, 12/20/18; umpire’s award in Madison Machinists, 195, 2/18/19.
35 vents for women 18 or over: umpire’s award in Chambersburg, Pa.,
cases, 371, 3/11/19. 35 cents for women 18 or over who have worked
in the plant for 3 months: Midvale Steel & Ordnance Co., Nicetown, Pa.,
129, 2/11/19. 35 cent8 for women 18 or over who have worked in the
plant for 6 months: Matthews Engineering Co., Sandusky, Ohio, 542,
542 a, 3/27/19; Vim Motor Co., 853, 4/9/19. 35 cents for women 21 or
over who have worked in the plant for 6 months: Midwest Engine Co.,
Indianapolis, Ind., 562 a, 3/26/19.
MINIMUM WAGES FOR PARTICULAR OCCUPATIONS IN PLANT.
The board has established minimum wages to be paid to workers
involved who were engaged in particular occupations. A few typi
cal instances must be named. Thus, among metal workers it has
established minimum wages for toolmakers,
80 cents: Midvale Steel & Ordnance Co., Nicetown, Pa., 129, 2/11/19.
74 cents: recommended by board by majority vote in Minneapolis Steel &
Machinery Co., 4^ 4/11/19; in St. Paul Foundry Co., 570, 4/11/19; and in
American Hoist & Derrick Co.. St. Paul, Minn., 571, 4/11/19.
72% cents: recommended in B. F. Sturtevant Co., Boston, Mass., 393,
1/30/19.
72 cents: Worthington Pump & Machinery Corporation, East Cambridge,
Mass., 14 , 7/11/18; A. H. Petersen Manufacturing Co.. Milwaukee, Wis.,
320, 3/14/19; Westfield Manufacturing Co., Westfield, Mass., 968,
4/11/19.
€0 cents: Waynesboro, Pa., cases, 40, 7/11/18; umpire’s award in Chambersburg, Pa., cases, 371, 3/11/19.
LIVING WAGE.
99
Tool dressers, 70 cents: Poliak Steel Co., Carthage, Cincinnati, Ohio, 102,
8/21/18. 65 cents: Waynesboro, Pa., cases, 40, 7/31/18; umpire’s award
in Chambersburg, Pa., cases, 371, 3/11/19.
for machinists,
First class, 80 cents; second class, 70 cents: Midvale Steel & Ordnance Co.,
Nicetown, Pa., 129, 2/11/19.
First class, 27\ cents; second class, 26$ cents: recommended in B. F.
Sturtevant Co., Boston, Mass., 893, 1/30/19.
First class, 72 cents; second class, 65 cents: recommended by board
by majority vote in Minneapolis Steel & Machinery Co., 46, 4/11/19; in
St. Paul Foundry Co., 570, 4/11/19; and in American Hoist & Derrick
Co*., St. Paul, Minn., 571, 4/11/19.
First class, 72 cents; second class, 62 cents: Worthington Pump &Machinery
Corporation, East Cambridge, Mass., 14 , 7/11/18.
First class, 60 cents; second class, 45 cents: by agreement in New York
Central Iron Works Co., Hagerstown, Md., 297, 9/26/18.
Bench tool machinists, 60 cents: Waynesboro, Pa., cases, 40, 7/11/18;
umpire’s award in Chambersburg, Pa., cases, 371, 3/11/19.
Journeymen machinists, at least 4 years’ experience, 55 cents: Waynesboro,
Pa., cases, 40, 7/11/18; umpire’s award in Chambersburg, Pa., cases,
371, 3/11/19.
Machinists, 75 cents: National Refining Co., Coffeyville, Kans., 97, 8/28/18.
72 cents: umpire’s award in Worthington Pump & Machinery Corporation,
Cudahy, Wis., 163, 12/20/18; A. H. Petersen Manufacturing Co., Mil
waukee, Wis., 820, 3/14/19. 70 cents: umpire’s award in National Marine
Engine Co., Scranton, Pa., 874, 5/7/19. 68 cents: Westfield Manufactur
ing Co., Westfield, Mass., 968, 4/11/19.
Machinists employed by newspaper publishers, 90 cents ($7.20 per day of
8 hours) : Newspaper Publishers, New York, N. Y., 637, 1/15/19.
for specialists,
Specialists, 65 cents: Midvale Steel & Ordnance Co., Nicetown, Pa., 129,
2/11/19. 56 cents: umpire’s award in Worthington Pump & Machinery
Corporation, Cudahy, Wis., 163, 12/20/18; A. H. Petersen Manufacturing
Co., Milwaukee, Wis., 320, 3/14/19. 52 cents: recommended in B. F. Stur
tevant Co., Boston, Mass., 393, 1/30/19.
Specialists, under two years’ experience, 40 cents; over tivo years, 45 cents;
over three years, 50 cents: Waynesboro, Pa., eases, 40, 7/11/18; umpire’s
award in Chambersburg, Pa., cases, 371, 3/14/19.
Specialists and handy men, 56 cents: recommended by board by majority
vote in Minneapolis Steel & Machinery Co., 46, 4/11/19; in St. Paul
Foundry Co., 570, 4/11/19; and in American Hoist & Derrick Co., St.
Paul, Minn., 571, 4/11/19.
Specialists and handy men, under 4 months’ experience, 42 cents; over 4
months1 experience, 52 cents: Worthington Pump & Machinery Corpora
tion, East Cambridge, Mass., 14, 7/11/18.
for handy men,
See preceding note,
and for machinists’ helpers,
55 cents: Midvale Steel & Ordnance Co., Nicetown, Pa., 129, 2/11/19.
49 cents: umpire’s award in Worthington Pump & Machinery Corporation,
Cudahy, Wis., 168, 12/20/18; A. H. Petersen Manufacturing Co., Mil
waukee, Wis., 320, 3/14/19; recommended by board by majority vote in
Minneapolis Steel & Machinery Co., 46, 4/11/19; in St. Paul Foundry
Co., 570, 4/11/19; and in American Hoist & Derrick Co., St. Paul, Minn.,
571, 4/11/19.
48 cents: umpire’s award in National Marine Engine Co., Scranton, Pa.,
674, 5/7/19.
46 cents: Worthington Pump & Machinery Corporation, East Cambridge,
Mass., 14, 7/31/18; recommended in B. F. Sturtevant Co., Boston, Mass.,
393, 1/30/19.
42 cents: SIoss-Sheffield Steel & Iron Co., Birmingham, Ala., 12, 7/31/18.
100
C H A P TE R I V .-----S U M M A R Y A N D A N A L Y S IS
OF A W A R D S.
40 cents: Waynesboro, Pa., cases, 40, 7/11/18; umpire’s award in Chambersburg, Pa., cases, 371, 3/11/19.
In National Refining Co., Coffeyville, Kans., 97, 8/28/18, the board awarded
65 cents to men who were “ helpers of boilermakers, machinists, and
blacksmiths,” but the work of each of these helpers varied from time
to time and was unusually heavy.
for patternmakers,
77% cents: umpire’s award in Worthington Pump & Machinery Corporation,
Cudahy, Wis., 163, 12/20/18; recommended by board by majority vote
in Minneapolis Steel & Machinery Co., 4$, 4/11/19; in St. Paul Foundry
Co., 570, 4/11/19; and in American Hoist & Derrick Co., St. Paul, Minn.,
571, 4/11/19.
65 cents: Waynesboro, Pa., cases, 40, 7/11/18; umpire’s award in Chambersburg, Pa., cases, 371, 3/11/19.
Journeymen patternmakers:
$1.00: Patternmakers, Detroit, Mich., 158, 12/10/18.
$1.00 in jobbing shops; 90 cents in manufacturing shops: Patternmakers,
Buffalo. N. Y., 604, 3/14/19.
80 cents: recommendation in Midwest Engine Co., Indianapolis, Ind.,
562, 3/14/19.
75 cents: recommendation in Patternmakers, Columbus, Ohio, 670, 671,
that this rate, which had been agreed upon in June, 1918, should be
continued.
for molders and coremakers,
75 cents ($6.00 per 8-hour day) : umpire’s award in Molders, Warren,
Ohio, 437, 1/8/19; Molders, Chicago, 111., 87 sup., 3/14/19, increased from
$5.50 per 8-hour day, 87, 6/12/18.
72? cents for fully skilled molders and coremakers; 62% cents for workmen
of less or limited skill: umpire’s award in Hyde Windlass Co., Bath, Me.,
354, 4/9/19.
72 cents: recommended by board by majority vote in Minneapolis Steel &
Machinery Co., 46, 4/11/19; in St. Paul Foundry Co., 570, 4/11/19; and in
American Hoist & Derrick Co., St. Paul, Minn., 571, 4/11/19.
70 cents: umpire’s award in Parsons Co., Newton, Iowa, 831, 4/9/19.
65 cents: Waynesboro, Pa., cases 40, 7/11/18; Molders, Ridgway, Pa., 349,
12/20/18; Molders, Williamsport, Pa., 355, 12/20/18; umpire’s award in
Chambersburg, Pa., cases, 371, 3/11/19.
$5.75 per 8-hour day: umpire’s awTard in Iron Molders, Elizabeth, N. J., 160,
12/17/18.
$5.64 per 8-hour day: umpire’s award in Baker Manufacturing Co., Sara
toga Springs, N. Y., Davison-Namack Foundry Co., Ballston Spa, N. Y.,
403, 4/8/19.
$5.80 per 9-hour day: Pero Foundry Co., Worcester, Mass., 757, 3/26/19.
$5.64 per 9-hour day: umpire’s award in Rochester Founders, Inc., Rochester,
N. Y., 474, 3/6/19.
for blacksmiths,
75 cents: National Refining Co., Coffeyville, Kans., 97, 8/28/18.
65 cents: Waynesboro, Pa., cases, 40, 7/11/18; umpire’s award in Chambers
burg, Pa., cases, 371, 3/11/19; by agreement in New York Central Iron
Works Co., Hagerstown, Md., 297, 9/26/18.
60 cents: Poliak Steel Co., Carthage, Cincinnati, Ohio, 102, 8/21/18.
55 cents: Sloss-Sheffield Steel & Iron Co., Birmingham, Ala., 12, 7/31/18.
Blacksmith’s helper, 45 cents: Waynesboro, Pa., cases, 4®, 7/11/18; Poliak
Steel Co., Carthage, Cincinnati, Ohio, 102, 8/21/18; umpire’s award in
Chambersburg, Pa., cases, 371, 3/11/19. See also reference to National
Refining Co. award under “ Machinists’ helpers.”
for boilermakers,
72 cents: umpire’s award in W7orthington Pump & Machinery Corporation,
Cudahy, Wis., 163, 12/20/18.
60 cents: Waynesboro, Pa., cases, 40, 7/11/18; umpire’s award in Chanrbersburg, Pa., cases, 371, 3/11/19.
Boilermaker specialists, 55 cents: Waynesboro, Pa., cases, 40, 7/11/18;
umpire’s award in Chambersburg, Pa., cases, 371, 3/11/19.
101
L IV IN G W A G E .
Helpers, 49 cents: umpire’s award in Worthington Pump & Machinery Cor
poration, Cudahy, Wis., 163, 12/20/18. 45 cents: Waynesboro, Pa., cases,
40, 7/11/18; umpire’s award in Chambersburg, Pa., cases, 371, 3/11/19.
See also reference to National Refining Co. award under Machinists’
helpers.”
and for kindred trades;
On laborers see note near the end of this section. On various other metal' working occupations and other occupations in metal-working plants see
Waynesboro, Pa., cases, 40, 7/11/18; Sloss-Sheffield Steel & Iron Co., 12,
7/31/18; Poliak Steel Co., 102, 8/21/18; agreement in New York Central
Iron Works Co., Hagerstown, 297, 9/26/18; umpire’s award in Worthing
ton Pump & Machinery Corp., Cudahy, 163, 12/20/18; umpire’s award in
Chambersburg, Pa., cases, 371, 3/11/19; umpire’s award in National
Marine Engine Co., 674, 5/7/19; layerouts (76£ cents) in recommen
dations by board by majority vote in Minneapolis Steel & Machinery
Co., 46, 4/11/19; in St. Paul Foundry Co., 570, 4/11/19; and in American
Hoist & Derrick Co., 571, 4/11/19; Ironworkers in Sexauer & Lemke, 857,
1/15/19; puddlers, finishers, etc., in Reading Iron Co., 416, 11/19/18, and,
with 416 , also recommendations in 419, 420 , 4%1< 4®2, 4^2 a, 422 b.
Wages were also increased in cases which are cited in section entitled Wage
Increases (p. 95).
and it has named the minimum wages to be paid to men engaged in
other occupations, as structural iron workers,
85 cents: umpire’s award in Bridge, Structural, and Ornamental Iron
Workers of Kansas City, Mo., 526, 5/9/19.
and bricklayers,
$1.00: recommended in Building Trades of San Antonio, Tex., 216, 1/30/19.
In Tri-City Bricklayers’ Union, Rock Island, 111., 676, 2/11/19, however, the
board refused to alter the award of an umpire for the parties who had
decided in favor of 81i cents except for work taken before 1/1/18, which
should be finished at 75 cents.
See also Waynesboro, Pa., cases, 40 , 7/11/18; umpire’s award in Chambers
burg, Pa., cases, 371. 3/11/19.
and plumbers,
*
931 cents: recommended in Building Trades of San Antonio, Tex., 216,
1/30/19.
Over
4
years' experience, 60 cents; under
4
years' experience, 50 cents:
Waynesboro, Pa., cases, 40, 7/11/18; umpire’s award in Chambersburg,
Pa., cases, 371. 3/11/19.
and painters,
75 cents: recommended in Building Trades of San Antonio, Tex., 216,
1/30/19.
60 cents: Philadelphia Painters, 230, 11/19/18.
Over 4 years’ experience, 60 cents; under 4 years’ experience, 50 cents:
Waynesboro, Pa., cases, 40, 7/11/18; umpire’s award in Chambersburg,
Pa., cases, 371, 3/11/19.
and carpenters,
72i cents: National Refining Co., Coffeyville, Kans., 97, 8/28/18,
50 cents: Waynesboro, Pa., cases, 40 , 7/11/18; umpire’s award in Chambers
burg, Pa., cases', 371, 3/11/19. See also recommendation in J. A. Mc
Nulty, Minneapolis, Minn., 261, 4/11/19, by vote of majority of board.
48 cents: Sloss-Sheffield Steel & Iron Co., Birmingham, Ala., 12, 7/31/18.
80 cents for employees engaged on ship joinery and millwork for ships
being built under control of Emergency Fleet Corporation; Philadelphia
Carpenters, 315, 11/19/18.
and metal lathers,
87% cents: recommended in Building Trades of San Antonio, Tex., 216,
1/30/19.
102
C H A P TE R IV .-----S U M M A R Y A N D A N A L Y S IS
OF A W A R D S.
and coopers,
65 cents: Sinclair Refining Co., Coffeyville, Kans., 395, 11/20/18.
55 cents: National Refining Co., Coffeyville, Kans., >97, 8/28/18. This was
raised by the company to 65 cents; see discussion in 395.
and car coopers,
55 cents: Recommendation in J. A. McNulty, Minneapolis, Minn., 261,
4/11/19, by vote of majority of board.
and electrical workers,
First class, 67% cents; second class, 62% cents; helpers, 40 cents: Bethlehem
Steel Co., Bethlehem, Pa., 22, 7/31/18.
Electricians, 72 cents; helpers, 4$ cents: umpire’s award in Worthington
Pump & Machinery Corporation, Cudahy, Wis., 163, 12/20/18.
Electricians, over 4 years’ experience, 60 cents; under 4 years’ experience,
50 cents: Waynesboro, Pa., cases, 40, 7/11/18; umpire’s award in Chambersburg, Pa., cases, 371, 3/11/19.
Linemen, 70 cents: Northern Indiana Gas & Electric Co., Hammond, Ind.,
45, 11/22/18; Erie Lighting Co., Erie, Pa., 133, 11/22/18.
Linemen, 56% cents; substation operators, $90.00 per month: United Gas &
Electric Co., New Albany, Ind., 725, 3/4/19.
Journeymen electrical workers,. 75 cents: Intermountain Power Co., Spo
kane, Wash., 440, 11/22/18.
In Electrical Workers of Municipal Gas Co., Albany, N. Y., 1041, 4/30/19,
the award fixed wages for electrical workers in various occupations, in
cluding cable splicers, $5.75 to $6.40 per day; line foremen, $6.00 per day;
linemen, $5.50 per day; linemen apprentices, $4.50 per day. The day was
of nine hours.
In San Joaquin Light & Power Co., Taft, Calif., 368, 1/16/19, the Federal
Oil Board of California had established rates for electrical workers based
on experience, and the War Labor Board approved that award as it felt
that jouneymen electrical workers should have four years’ experience
before receiving $7 for eight hours’ work (87£ cents per hour).
and laborers,
45 cents: Corn Products Refining Co., 130, 11/21/18.
•
42 cents: recommended in Crown Cork & Seal Co., Baltimore, Md., 830,
2/11/19; recommended by board by majority vote in Minneapolis Steel
& Machinery Co., 46, 4/11/19; in St. Paul Foundry Co., 570, 4/11/19;
and in American Hoist & Derrick Co., St. Paul, Minn., 571, 4/11/19.
40 cents: Waynesboro, Pa., cases, 40, 7/11/18; Poliak Steel Co., Carthage,
Cincinnati, Ohio, 102, 8/21/18; umpire’s award in Chambersburg, Pa.,
cases, 371, 3/11/19; umpire’s award in National Marine Engine Co.,
Scranton, Pa., 674, 5/7/19. See also Commonwealth Steel Co., Granite
City, 111., 472, 11/9/18; Carpenter Steel Co., Reading, Pa., 913, 2/12/19.
38 vents: .Sloss-Sheffield Steel & Iron Co., Birmingham, Ala., 12, 7/31/18.
37 cents: recommended in Florida Fertilizer Manufacturers, 680, 2/18/19,
by vote of majority of board.
30 cents: recommended in Building Trades of San Antonio, Tex., 216,
1/30/19.
Building trade laborers, 55 cents: Hod Carriers’ Union, 104, 1/15/19. This
rate was being paid to unskilled and semiskilled laborers by way of
compromise pending the decision of the board and the board decided that
it should remain in force.
and in other lines of work,
Paper makers: Newsprint Paper, 35, 6/27/18, sup., 1/28/19.
Teamsters, etc.: Sloss-Sheffield Steel & Iron Co., 12, 7/31/18; Waynesboro,
Pa., cases, 40, 7/11/18; umpire’s award in Chambersburg, Pa., cases, 371,
3/11/19; Municipal Gas Co., 1041, 4/30/19.
Laundry workers: Little Rock, Ark., Laundries, 233, 11/9/18.
Clerical workers: General Electric Co., Schenectady, 127 sup., 11/22/18.
Storeroom clerks and timekeepers, 52 cents: recommended by board by
majority vote in Minneapolis Steel & Machinery Co., 46 , 4/11/19; in St.
Paul Foundry Co., 570, 4/11/19; and in American Hoist & Derrick Co.,
571, 4/11/19.
LIVING WAGE.
103
Fire fighters: F ire F igh ters o f Jackson, M iss., 747, 3 /2 6 /1 9 .
Meat cutters , $25.00 per w e e k ; grocery clerks and drivers , $23.00 per w e e k :
M ea t C utters o f E a st St. Louis, 111., 829, 3 /4 / 1 9 .
Various employees o f the N ational Refining Co., 97, 8 / 2 8 / 1 8 ; Corn Prod
ucts R efining Co., 130, 1 1 /2 1 /1 8 ; W aynesboro, P a., 40, 7 / 1 1 / 1 8 ; Crow n
Cork & Seal Co., 830, 2 / 1 1 / 1 9 ; Cham bersburg, P a., 371, 3 /1 1 /1 9 .
In
830 there w as sim ply a recom m endation. See also C om m onw ealth Steel
Co., 472, 1 1 /9 /1 8 .
W a g e s w ere also increased in cases w hich are cited
in section entitled W a g e In creases (p. 9 5 ) .
The board has also named minimum wages to be paid to women
who were engaged in particular occupations.
Clerical workers aged 18 or over, $16.50 per week (about 34 cents per
h ou r) : General E lectric Co., Schenectady, N . Y ., 127 sup., 1 1 /2 2 /1 8 .
Cashiers and other female help, $15.00 per w e e k : M eat C utters o f E a st
St. L ouis, 111., 829, 3 /4 /1 9 .
$10.50 per week for scrub women who w orked tw o and a h a lf hours early
in the m orning and tw o and a h a lf hours early in the eve n in g: General
E lectric Co., Schenectady, N . Y ., 127 , 7 /3 1 /1 8 .
See also under Street ra ilw a y cases, section on M inim um W a g e s for O ther
E m ployees, concerning m inim um w ages for women (p. 1 1 1 ).
PROVISIONS FOR MORE OR LESS THAN MINIMUM RATES.
Moreover, it has established higher rates for overtime work,
U n der title o f H o u rs o f L abor see section on P aym ent for O vertim e (p. 8 0 ) .
for night work,
5 per cent higher than day w ork: General E lectric Co., Pittsfield, 19,
7 / 3 1 / 1 8 ; General E lectric Co., Schenectady, 127, 7 / 3 1 / 1 8 ; P oliak Steel Co.,
102, 8 / 2 1 / 1 8 ; um pire’s aw ard in W orth in gton Pum p & M achinery Corpora
tion, Cudahy, 163, 1 2 /2 0 /1 8 ; um pire’s aw ard in M adison M achinists, 195,
2 / 1 8 / 1 9 ; W a lw o rth M an u factu rin g Co., 274 , 3 / 6 / 1 9 ; um pire’s aw ard in
Cham bersburg, P a., cases, 371, , 3 /1 2 /1 9 .
See also M achinists, P hilad el
phia, 400 , 1 2 /2 0 /1 8 ; Steacy-Schm idt M an u factu rin g Co., 454, 4 / 1 1 / 1 9 ;
L an caster, P a., cases, 873 to 877, 4 /1 1 /1 9 .
and for special services,
U nder title H o u rs o f Labor (p. 79) see sections on Sundays and H olid a ys,
G uarantee o f M inim um N um ber o f H o u rs (p. 8 4 ) , P aym ent fo r O vertim e
(p. 8 0 ) , Street R ailw ay H o u rs (p. 8 5 ) . U nder Street R a ilw a y Cases see
section on Provisions fo r M ore or L ess than M inim um R ates (p. 1 1 2 ).
In W h a rto n Steel Co., 798, 3 /1 4 /1 9 , the board aw arded 50 cents per day
extra pay to men w h ile they w ere engaged in sinking sh a ft or winze.
In C arpenters o f D enver, Colo., 538, 1 2 /1 9 /1 8 , the w ork ers w ere aw arded
nine hours’ pay for eight hours’ w ork because o f the isolated location o f
th e operations upon w hich they w ere employed.
In L ou isville G as & E lectric Co., 1050, 4 /1 1 /1 9 , w orkers w ho w ere construct
ing a transm ission line from L ou isville, K y ., to a camp 30 m iles distant
w ere aw arded paym ent for tim e actually spent in going from their
hom es to the jobs and returning from their job s to their homes.
than were to be paid for the usual daity work.
On the other hand, it has provided that the minimum rates estab
lished by it shall not apply to those who, by reason of old age or
permanent physical incapacity, are unable to perform a normal
day’s work,
St. L ouis C ar Co. 4 a, 1 0 /1 1 /1 8 ; W illy s-O verland Co., 95, 1 0 /1 1 /1 8 ;
R ead in g Iron Co., 416, 1 1 /1 9 /1 8 ; um pire’s aw ard in W orth in gton Pum p
& M achinery Corporation, Cudahy, 163, 1 2 /2 0 /1 8 ; um pire’ s aw ard in
M adison M achinists, 195, 2 /1 8 / 1 9 ; um pire’s aw ard in Cham bersburg, P a.,
cases, 371, 3 / 1 1 / 1 9 ; M achinists, H a m ilton , Ohio, 978, 4 / 1 0 / 1 9 ; recom
mendations in the follow in g c a s e s : Carpenter Steel Co., 913, 2 / 1 2 / 1 9 ;
104
CHAPTER IV .---- SU M M AR Y AND ANALYSIS OF AWARDS.
S teacy-Sch m idt M an u factu rin g Co., 454, 4 /1 1 /1 9 ; L ancaster, P a., cases,
873 to 877, 4 /1 1 /1 9 .
or to inexperienced beginners or apprentices who are under 21 years
of age.
St. L ou is C ar Co., 4
1 0 /1 1 /1 8 ; W illy s-O v erla n d Co., 9 5, 1 0 /1 1 /1 8 ;
Stan dard W h ee l Co., 176, 1 0 /2 5 /1 8 ; L ittle Rock Laundries, 233, 1 1 / 9 / 1 8 ;
Am erican & B ritish M an u factu rin g Co., 594, 2 / 1 2 / 1 9 ; um pire’s aw ard in
Cham bersburg, Pa., cases, 371, 3 / 1 1 / 1 9 ; M achinists, H a m ilton , Ohio,
978 , 4 /1 0 /1 9 .
See also General E lectric Co., Pittsfield, 19, 7 / 3 1 / 1 8 ;
W ayn esbo ro , P a., cases, 4®> 7 / 3 1 / 1 8 ; General E lectric C o., Schenectady,
127, 7 / 3 1 / 1 8 ; B ridgeport M unition W ork ers, 132, 8 / 2 8 / 1 8 ; St. L ouis
Coffin Co., 258, 1 1 /1 9 /1 8 ; recom m endations in S teacy-Schm idt M a n u fa c
turing Co., 454, 4 /1 1 /1 9 , and in Lancaster, P a., eases, 873 to 87 7, 4 /1 1 /1 9 .
M inim u m rates f o r w om en w ho w ere apprentices or new em ployees w ere
established in S tan dard W h ee l Co., 176, 1 0 /2 5 /1 8 .
See also the pro
visions as to m inim um w ages fo r wom en in section on M inim um W a g e s
fo r P lan t (p. 9 7 ) .
So also, in the General Electric Co., Schenectady, award,
127, 7 /3 1 /1 8 .
the board established a lower minimum wage for scrub women, who
worked two and a half hours early in the morning and two and a
half hours early in the evening, than the general minimum wage for
women employees in the plant.
CLASSIFICATION.
As regards machinists, classification has been granted directly in a
few cases,
W orth in gton P um p & M achinery Corporation, E a st Cam bridge, 14,
7 /1 1 /1 8 , sup., 1 0 /2 4 /1 8 ; W ayn esbo ro , P a., cases, 40, 7 / 1 1 / 1 8 ; by agreem ent
in N ew Y ork Cen tral Iron W o r k s Co., H a gersto w n , 297, 9 / 2 6 / 1 8 ; um pire’s
aw ard in W orth in gton P um p & M achinery Corporation, Cudahy, 163,
1 2 /2 0 /1 8 ; M idvale Steel & Ordnance Co., 129, 2 / 1 1 / 1 9 ; um pire’s aw ard
in Cham bersburg, P a., cases, 371, 3 / 1 1 / 1 9 ; A . H . Petersen M an u factu rin g
Co., 320, 3 / 1 4 / 1 9 ; um pire’s aw ard in N a tio n al M arine E ngine Co., 674,
5 / 7 / 1 9 ; recom m endations by board by m a jo rity vote in M inneapolis
Steel and M achinery Co., 46, 4 / 1 1 / 1 9 ; in S t. P aul F oundry Co., 570,
4 /1 1 /1 9 , and in A m erican H o ist & D errick Co., 571, 4 /1 1 /1 9 .
while in other cases it has been granted indirectly by basing the
awards upon awards by other departments of Government which had
granted classification.
Bethlehem Steel Co., 22, 7 / 3 1 / 1 8 ; Philadelphia M achinists, 400, 1 2 /2 0 /1 8 .
See also um pire’s aw ard in W orth in gton P um p & M achinery Corporation,
Cudahy, 163, 1 2 /2 0 /1 8 .
In certain other cases the board has referred the question to com
mittees which were created under the auspices of the board.
N ew sprint Paper, 35, 6 /2 7 /1 8 , sup., 7 /2 6 /1 8 , sup., 1 / 2 8 / 1 9 ; B ridgep ort M u
nition W o rk e rs, 132 Interpretation, 9 / 4 / 1 8 ; St. L ouis Coffin C o., 258,
1 1 /1 9 /1 8 ; A roostook Paper Co.. 21 a, 1 / 1 5 / 1 9 ; B . F . S turtevant Co., 393 ,
1 /3 0 /1 9 .
PIECEWORK AND BONUS.
The board has repeatedly refused to abolish the piecework system.
W ayn esbo ro cases, 40, 7 / 3 1 / 1 8 ; St. L o u is Coffin Co., 258 , 1 1 /1 9 /1 8 ; W a l
w orth M an u factu rin g Co., 274, 3 / 6 / 1 9 ; um pire’s aw ard in Cham bers-
LIVING WAGE.
105
burg cases, 371, 3 /1 1 /1 9 .
See also recom m endations in E m erson-B rantingham Co., B a ta v ia , 111., 106, 1 /2 9 /1 9 , and in R u ssell M otor C ar Co.,
122, 3 /4 /1 9 .
It has, however, provided for the revision of piece rates;
B ethlehem Steel Co., 22, 7 / 8 1 / 1 8 ; St. L ou is C ar Co., 4 a, 1 0 /1 1 /1 8 ; Corn
Products Refining Co., ISO, 1 1 /2 1 /1 8 ; W a lw o rth M an u factu rin g Co., 274,
3 /6 /1 9 .
See also St. L ou is Coffin Co., 258, 1 1 /1 9 /1 8 .
In 274 it w as recommended that “ piece-rate w orkers be guaranteed the
m inim um hourly rate for tim e lost in w aiting for m aterials, etc., due to
circum stances beyond the w orker’s control.” Consider also 22 on this
point.
it has sometimes increased those rates;
General E lectric Co., Pittsfield, 19, 7 / 3 1 / 1 8 ; G eneral E lectric Co., Schenec
tady, 127, 7 / 3 1 / 1 8 ; ' M olders, W a rre n , Ohio, 437, 1 / 8 / 1 9 ; W ilk esb arre
cases, 638 , 2 /2 0 /1 9 .
In M inneapolis Steel & M achinery Co., 46, 4 / 1 1 / 1 9 ; in St. P aul Foundry
Co., 570, 4 / 1 1 / 1 9 ; and in Ajnerican H o is t & D errick Co., 571 , 4 /1 1 /1 9 , the
readjustm ents recommended did not apply to piece rates.
and it has provided that there should be no reductions in earnings by
reason of the award,
Bethlehem Steel Co., 22, 7 / 3 1 / 1 8 ; Corn Products R efining Co., 130, 1 1 /2 1 /1 8 ;
M adison M ach inists, 195, 2 /2 0 /1 9 .
See also M idvale Steel & Ordnance
Co., 129, 2 / 1 1 / 1 9 ; M inneapolis Steel & M achinery Co., 46, 4 / 1 1 / 1 9 ; St.
P aul F oundry Co., 570, 4 / 1 1 / 1 9 ; A m erican H o ist & D errick Co., 571 ,
4 /1 1 /1 9 .
and no reduction in piece rates during the war.
General E lectric Co., Pittsfield, 19, 7 / 3 1 / 1 8 ; B ethlehem Steel Co., 22,
7 /3 1 /1 8 .
N o reduction during the w ar “ except by m utual agreem ent
through representative conferences on the basis o f collective bargaining
between the parties to w hom this aw ard a p p lie s: ” St. L ouis Car Co., 4 a,
1 0 /1 1 /1 8 .
Where minimum wages have been established in a plant their pro
tection has, of course, extended to the piece-rate workers.
St. L ouis Car Co., 4
1 0 /1 1 /1 8 ; M idvale Steel & Ordnance Co., 129,
2 / 1 1 / 1 9 ; M adison M achinists, 195, 2 / 1 8 / 1 9 ; W ilk e sb arre cases, 638,
2 / 2 0 / 1 9 ; um pire’s aw ard in Cham bersburg cases, 371, 3 /1 1 /1 9 .
See also
Bethlehem Steel C o., 22, 7 / 3 1 / 1 8 ; recom m endation in E m erson-B rantingham Co., B a ta v ia , 111., 106, 1 /2 9 /1 9 .
I t is recommended that “ piece-rat£
w orkers be guaranteed the m in im um hou rly rate fo r tim e lost in w aitin g
fo r m aterials, etc., due to circum stances beyond their c o n tr o l: ” W a lw o rth
M an u factu rin g Co., 274 , 3 /6 /1 9 .
It has provided that “ In the fixing of piece rates provision should
be made for overtime payment such as is now made in the case of
time workers.”
B ethlehem Steel Co., 22, 7 /3 1 /1 8 .
“ In calculating the overtime rate for piecework, the piece rate shall
be used as a basis and not the day rate: Provided, That this change
from former practice shall be found by the supervising examiner to
be impracticable or subject to abuse, he may direct a return to former
practice and fix adequate proportionate day rates upon which all
overtime shall be calculated.”
General E lectric Co., Schenectady, 127, 7 /3 1 /1 8 .
106
CHAPTER IV .---- SU M M ARY AND ANALYSIS
OF AWARDS.
In some cases it has held that “ all bonuses now paid by the com
pany shall be considered wages in computing the amount of increase
due each employee; ”
General E lectric Co., Schenectady, 127 sup., 1 1 /2 2 /1 8 .
See also 127,
7 /3 1 /1 8 .
“ In estim ating present day and piece rates the 12£ per cent
bonus and the 2 ^ per cent attendance bonus shall be continued and re
garded as w a g e s : “ General E lectric Co., Pittsfield, 19 , 7 /3 1 /1 8 .
while in other cases in which it has granted increases in rates it has
decided that “ all bonus and premium payments heretofore in effect
may be abolished by the company.”
•
R eading Iron Co., 416, 1 1 /1 9 /1 8 .
See also B ethlehem Steel Co., 22, 7 / 3 1 / 1 8 ;
M achinists, P hiladelphia, 400, 1 2 /2 0 /1 8 ; M adison M achinists, 195 , 2 /1 8 /1 9 .
In B ethlehem Steel Co. th e board criticized the bonus system in operation
in the plant and declared th a t it should be entirely revised or elim inated.
Com pare W ayn esboro, P a., cases, 40, 7 /3 1 /1 8 , w here the request o f the
em ployees that all piecew ork and prem ium w ork be abolished w as denied.
In Union Carbide Co., 174, 1 /1 5 /1 9 , w here the com pany had been giving to
p unctual em ployees an attendance bonus w hich am ounted to 60 hours’
p ay fo r 55 hou rs’ w ork, the board increased the hourly rate 10 per cent,
but provided that the hours o f labor should “ continue as a t present,”
and th at “ T he production and attendance bonuses earned by the em
ployees are not to be com puted as a p art o f the basic rate. F ro m and
a fte r the date o f th is aw ard it is optional w ith the com pany as to the
continuance o f the attendance and production bonuses.”
See fu rth er on
this case in section entitled O ther A w a rd s on H ou rs (p. 7 6 ) .
“ T h e Section decides that i f the bonus paid over and above the w age scale
agreed to by the em ployers and em ployees w a s a voluntary contribution
to the m en on the p art o f the companies, and in m aking th is contribution
or bonus the em ployers stated th a t it w as to continue until fu rth er notice,
the w orkm en are not entitled to the bonus in addition to the w age aw ard
m ade by the N a tio n a l W a r L ab or B o ard unless the em ployers desire to
continue it as a volun tary act, as w as done prior to this dispute arising.
T h e Section also finds on account o f the notices posted by the em ployers
th at the bonus w ould continue u ntil fu rth er n o tic e ; that they are m orally
bound to p ay this bonus to the men u n til such notice is given to the men
o f the d iscon tinu ance; and th at no p art o f the bonus shall be deducted
from the w ages o f the men or the retroactive m oney th at w as earned and
due the men by the a w a r d : ” N ew sprin t Paper, 35, Interpretation, 7 /2 6 /1 8 .
“ T h e aw ard o f the N a tio n a l W a r Labor Board neither deals w ith nor rec
ognizes bonuses or other form s o f gratu ities as constituting p art o f the
m inim um w age scale adopted as the basis fo r establishing uniform w ages
for the classifications enum erated in the m ills. A n y bonus or gratuity
paid by the In tern ational P aper Com pany or by any other m ill shall be
w holly disregarded in the com putation o f the arrears o f w ages accruing
to em ployees under the a w a r d : ” N ew sprint Paper, 35, Decision of
Umpire, 1 /2 8 /1 9 .
TIME AND MANNER OF PAYMENT.
A few of the awards and recommendations deal with the time and
the manner of paying the workers. Thus, it has been decided that
payment should be made weekly,
W ayn esbo ro , P a., cases, 40, 7 / 1 1 / 1 8 ; Northern Indiana G a s & E lectric Co.,
45, 1 1 /2 2 /1 8 ; b y agreem ent in Corn Products Refining Co., 130, 1 1 /2 1 /1 8 ;
recom m endations in S teacy-Sch m idt M an u factu rin g Co., 454, 4 / 1 1 / 1 9 ; and
in L ancaster, P a., cases, 873 , 4 /1 1 /1 9 .
107
LIVING WAGE.
upon company’s time,
W ayn esboro, P a., cases, 40, 7 / 1 1 / 1 8 ; recom m endations in Steacy-Schm idt
M an u factu rin g Co., 454, 4 /1 1 /1 9 , and in L ancaster, P a., cases, 873 ,
4 /1 1 /1 9 .
and that no more than two days’ pay,
R ecom m endations in S teacy-Schm idt M an u factu rin g Co., 454 , 4 /1 1 /1 9 , and
in L ancaster, P a ., eases, 873, 4 /1 1 /1 9 .
or three days’ pay,
W ayn esboro, P a., cases, 40, 7 /1 1 /1 8 .
should be retained; while in one case
St. L ouis C ar Co., 4 a, 1 0 /1 1 /1 8 .
the parties agreed upon semimonthly pay days and cash payments
and this agreement was made a part of the award. On the other
hand, in Tennessee Copper Co.
1028, 4 /1 0 /1 9 .
the pay days were fixed by State law and no change was recom
mended by the board.
In several cases the board has recognized the right of employees
to necessary expenses when sent away from their home stations;
N a tio n al R efining Co., 97, 8 / 2 8 / 1 8 ; S in clair R efining Co., 395, 1 1 /2 0 /1 8 ;
Spokane & Inlan d E m p ire R ailroad Co., 503, 3 /2 7 /1 9 .
Com pare M ontana
P ow er Co., 583, 2 /1 3 /1 9 . 503 and 583 deal specifically w ith board and
lodging.
but it has also sustained the practice of companies which maintained
camps in charging the men in those camps definite sums, which were
passed upon by the board and approved by it as reasonable, for
board and lodging;
See citation s in
(p. 6 7 ) .
section
on
P rotecting
H ealth
and
S afety
of
W o rk e rs
and the joint chairmen as arbitrators approve8 of definite deduc
tions from wages in order to supply a physician and to maintain a
school.
Sloss-Sheffield Steel & Iron Co., 12, 7 /3 1 /1 8 . T h e com pany charged
again st the em ployees $1.00 p er month for a physician and 50 cents per
m onth fo r the m aintenance o f a school. “ T h e arbitrators find that
under the conditions prevailin g in the neighborhood this is p ractically
th e only w ay o f securing m edical service and proper educational
facilities. T h e obligation upon th e com pany to select a physician w ith
care and to see to the proper adm inistration o f the school fund thus
created is obvious and should be strictly fulfilled. T h e arbitrators do
n ot find the charge fo r a physician is unreasonable, i f proper medical
service is rendered. T h e total sum collected from all em ployees should
secure a competent physician and surgeon and proper m edical equip
ment. Indeed, the establishm ent o f a sm all hospital, it seems to the
arbitrators, w ould not be u nreasonable.”
In the case last cited, however, it was necessary to direct the
discontinuance of the practice, admitted by the company to exist,
under which 20 per cent discount had been exacted from advances
to employees.
“ I t is hoped th a t the increase in w ages herein allow ed w ill prevent the
necessity o f frequent applications for these advances, but, i f m ade, no
discount should be charged.”
108
CHAPTER IV.---- SU M M ARY AND ANALYSIS OF AWARDS.
QUESTIONS REFERRED TO COMMITTEES.
We have already seen that in a number of instances the board has
left problems concerning wages to collective bargaining between the
parties.
Under R igh t to O rganize see section on D uties o f Com m ittees (p. 6 1 ) .
To such action it has at times committed such problems as classi
fication, minimum rates, wage scales, payment for overtime, pay
ment for special services, and payment of less than established mini
mum rates to persons physically incapacitated or to some beginners.
F o r exam ple, in Carpenter Steel Co., 913, 2 /1 2 /1 9 , it said, “ T h e product
o f the establishm ent involves such varied and com plicated operations, and
consequent m ultitudinous schedules, an equitable ad justm ent o f the w ages
o f all em ployees involved can be accom plished only by conference between
the m anagem ent and the com m ittees above contem plated, who are alone
fa m ilia r w ith all th e conditions, and the board finds th at w ages shall
be ad justed by conferences betw een the m anagem ent and such com m ittees
o f em ployees.”
III. S T R E E T R A IL W A Y C ASES.
MOTORMEN AND CONDUCTORS.
The wages awarded to motormen and conductors by the board or
by the joint chairmen as arbitrators have ranged from 36 cents for
the first three months of service, 38 cents for the next nine months,
and 40 cents thereafter up to an award of 61 cents, 63 cents, and 65
cents for similar periods of service. The lowest awards were for
southern lines, while the highest award was for Butte, Montana.
F irst three m onths, 36 cen ts; next nine m onths, 38 cen ts; thereafter, 40
cents: M em phis Street R a ilw a y Co., M em phis, T enn., 205, 1 0 /2 4 /1 8 ;
C harleston Consolidated R a ilw a y & L igh tin g Co., Charleston, S. C., 695t
1 1 /2 0 /1 8 ; G eorgia R a ilw a y & P ow er Co., A tla n ta , G a., 159, 1 2 / 5 / 1 8 ;
K n o x v ille R a ilw a y & L igh t Co., K n ox ville , Tenn., 251 , 1 /1 5 /1 9 .
38 cents, 40 cents , #2 cents: Joplin & P ittsb u rg R a ilw a y Co., Joplin, M o.,
and P ittsbu rg, K a n s., 23, 7 / 3 1 / 1 8 ; Cleveland, Southw estern & Colum bus
R a ilw a y Co., E ly ria , Ohio, 57, 7 / 3 1 / 1 8 ; N ew Orleans L ig h t & P ow er Co.,
N ew O rleans, L a ., 98, 7 /3 1 /1 8 , 1 0 /2 4 /1 8 ; G alesburg R a ilw a y , L igh tin g &
P ow er Co., G alesburg, 111., 109, 7 /3 1 /1 8 , 109, sup., 1 2 / 5 / 1 8 ; P ennsylvaniaN ew Jersey R a ilw a y Co., T ren ton , N . J., 131 , 7 / 3 1 / 1 8 ; Cleveland & E a s t
ern T raction Co., Cleveland, Ohio, 167, 7 / 3 1 / 1 8 ; Cleveland, P ain esville &
E astern R ailroad Co., Cleveland, Ohio, 193 , 7 / 3 1 / 1 8 ; K a n sa s C ity &
W estern R a ilw a y Co., Leaven w orth , K a n s. (city lim it s ), 93, 1 0 /2 4 /1 8 ;
A uburn & Syracuse E le ctric R ailroad Co., Auburn, N . Y . (city lin e s ), 203t
1 1 /2 0 /1 8 ; Syracuse Suburban R a ilw a y Co., 279, 1 1 /2 1 /1 8 ; E m p ire S tate
R ailroad Corporation, Syracuse, N . Y . (city lin e s ), 289, 1 1 /2 1 /1 8 ; Cin
cinnati, M ilford & L oveland T raction Co., C incinnati, Ohio, 410, 1 1 /2 2 /1 8 ;
O ttum w a R a ilw a y & L igh t Co., O ttu m w a, Iow a, 268, 1 2 / 5 / 1 8 ; Toledo,
B ow lin g Green & Southern T raction Co., F in d lay, O hio (city lin e s ), 527 ,
1 2 / 5 / 1 8 ; Ohio E lectric R a ilw a y Co., L im a C ity L ines, 296, 1 / 1 5 / 1 9 ;
Ohio E lectric R a ilw a y Co., Z an esville L ines, 627 a, N e w ark L ines (a s to
city lin e s ), 627 c, 1 / 1 5 / 1 9 ; St. Joseph R a ilw a y , L igh t, H e a t & P ow er Co.,
St. Joseph, M o., 950 , 2 / 4 / 1 9 ; recom m endation in L ou isv ille & N orthern
R a ilw a y & L igh tin g Co., N ew A lb an y, Ind. (a s to m otorm en on city
lin e s ), 555, 4 /1 0 /1 9 .
38 cents, 40 cents , 43 cents: Toledo, B o w lin g Green & Southern T raction
Co., F in d lay, Ohio (interurban lin e s ), 527 , 1 2 /5 /1 8 .
39 cents, 41 cents, 43 cents: L ew iston , A ugu sta & W a te rv ille S treet R a ilw a y
Co., A u gu sta, M e., 448, 1 1 /2 0 /1 8 ; Cleveland & E rie T raction C o., G irard,
P a. (a n interurban lin e ), 681 , 2 /4 / 1 9 .
L IV IN G AVAGE.
109
J,1 cents, ! $ cents, Jt3 cents, established by the company after the hearing be
fore the exam in er, declared by tlie board to be a ju st w a g e : R ead ing
T ra n sit & L igh t Co., N orristow n D ivision , R eading. P a.. ooO, 2 /4 /1 9 .
41 cents, 48 cents, 45 cen ts: Scranton R a ilw a y Co., Scranton, P a., 42,
7 / 3 1 / 1 8 ; E a s t St. L ou is Lines, E a st St. L ouis, III., 48, 7 / 3 1 / 1 8 ; Schenec
tady R ailw ay Co., Schenectady, N . Y ., 44, 7 /3 1 /1 8 ; E van ston R ailw ay
Co., E van ston, 111., 59 c, 7 / 3 1 / 1 8 ; Public Service R a ilw a y Co., Newrark,
N . J., €9, 7 / 3 1 / 1 8 ;N ew Y ork S tate R ys. (R och ester, Syracuse, U t ic a ),
120, 7 / 3 1 / 1 8 ; Colum bus R ailw ay , P ow er & L igh t Co., Colum bus, Ohio,
146, 7 / 3 1 / 1 8 ; Om aha & Council B lu ffs Street R a ilw a y Co., Om aha. N eb.,
154, 7 / 3 1 / 1 8 ; K a n sa s C ity & W e stern R a ilw a y Co., Leavenw orth,
K an s. (in te ru r b a n ), 93, 1 0 /2 4 /1 8 ; D ayton Street R a ilw a y Co., D ayton,
Ohio, 150, 1 0 /2 4 /1 8 ; P hiladelphia R ailw ays- Co., P hiladelphia, P a., 442,
1 0 /2 4 /1 8 ; E a st St. L ouis, C olum bia & W a te rlo o R ailw ay , E a st St. Louis,
111., 175, 1 1 /2 0 /1 8 ; Cum berland County P ow er & L ight Co., P ortland,
M e., 482, 1 1 /2 0 /1 8 ; Syracuse N orthern E lectric R a ilw a y , 246, 1 1 /2 1 /1 8 ;
E m p ire S tate R ailroa d Corporation, Syracuse, N . Y . (interurban lin e s ),
2 8 9 , 1 1 /2 1 /1 8 ; Cincinnati, Law renceburg & A u rora E lectric Street R ailroad
Co., C incinnati, Ohio, 407, 1 1 /2 2 /1 8 ; Cincinnati & Colum bus T raction Co.,
409, 1 1 /2 2 /1 8 ; B a y S tate S treet R a ilw a y Co., B oston, M ass., 684, 1 2 / 4 / 1 8 ;
B u ffalo & L ak e E rie T raction Co., E rie, Pa., 628 , 1 2 / 5 / 1 8 ; Ohio E lectric
R a ilw a y Co., L im a Interurban Lines, 627, Springfield Interurban Lines,
627 b, N ew ark L in es (a s to interurban lin e s ), 627 c, 1 / 1 5 / 1 9 ; L ouisville
R ailw ay Co., L ouisville, K y ., 414, 2 / 4 / 1 9 ; recom m endations in the follow
ing c a s e s : Spokane & In lan d E m pire R ailroad Co., 508, 3 / 2 7 / 1 9 ; Pacific
E lectric R a ilw a y Co., L os A ngeles, C a lif, (a s to city street car p assenger
se rv ice ), 214 , 4 / 9 / 1 9 ; L ou isv ille & N orthern R a ilw a y & L igh tin g Co.,
N ew A lbany, Ind. ( a s to interurban lin e s ), 55 J, 4 / 1 0 / 1 9 ; L os A ngeles
R ailw ay Corporation, L os A ngeles, C a lif.. 753, 4 /1 0 /1 9 .
42 cents, 44 cents, 46 cents: L ouisville Interurban R a ilw a y Co., 414
2 / 4 / 1 9 ; Pacific G as & E lectric Co., Sacram ento, C a lif., 1125, 4 /1 0 /1 9 .
42 cents, 44 cents, 47 cents: B oston & W orcester Street R a ilw a y Co.,
- Fram ingham , M ass., 851, 1 /1 5 /1 9 .
4S cents, 46 cents, 48 cents: Cleveland R a ilw a y Co., Cleveland, Ohio, 31,
7 /3 1 / 1 8 ; D etroit United R a ilw a y Co., D etroit. M ich., 82, 7 / 3 1 / 1 8 ; Chi
cago S u rface L ines, Chicago, 111., 59 a, 7 / 3 1 / 1 8 ; Chicago & W e st T ow n s
R ailw ay Co., Chicago, 111., 59 b, 7 / 3 1 / 1 8 ; International R ailw ay Co.,
B u ffalo, N . Y ., 152, 7 / 3 1 / 1 8 ; R hode Isla n d Co., Providence, R . I „ 180,
1 0 / 2 / 1 8 ; Boston E leva ted R a ilw a y Co., Boston, M ass., 181, 1 0 / 2 / 1 8 ;
K a n sa s City R a ilw a y s Co., K a n sa s C ity, M o., and K a n sa s C ity, K an s.,
265, 1 0 /2 4 /1 8 ; D enver T ra m w a y Co., D enver, Colo., 173, 1 1 /2 0 /1 8 ; C in
cinn ati T ra ction Co., Cincinnati, Ohio, 408, 1 1 /2 1 /1 8 ; by agreem ent in
W ash in g ton R a ilw a y & E lectric Co., W ash in g ton D . C ., 1049, 3 / 2 5 / 1 9 ;
S an F rancisco-O akland T erm in al R aih vav s (a s to T raction D iv is io n ),
610, 4 /1 0 /1 9 .
48% cents, 45\ cents, 47% cents: recommended in Pacific E lectric R a ilw a y
Co., L os Angeles, C a lif, ( a s to interurban passenger se rv ice ), 214 » 4 /9 / 1 9 .
45 cents , |8 cents, 50 cen ts: San F ran cisco-O akland T erm in al R a ilw a y s
(a s to K e y D iv is io n ), 610, 4 /1 0 /1 9 .
46 cents, 48 cents, 50 cen ts: P ortlan d R ailw ay , Light & Pow er Co., P ortland,
Ore., 72, 1 0 /2 4 /1 8 .
61 cents , 63 cents, 65 cen ts: B u tte E lectric R a ilw a y Co., B u tte, M ont., 271,
1 1 /2 0 /1 8 .
In Savannah E lectric Co., S avannah , G a., 7 48, 1 2 /1 7 /1 8 , the com pany paid
for the first year 38 cents, second, 39, third, 40, fourth, 41, fifth and there
afte r, 4$ ’ and offered to substitute, a w age o f first three m onths, 36
cents, next nine months, 38 cents, and th ereafter, 40 cents, if the men
so desired. T he board m ade no change in the w age scale.
In San Diego E lectric R ailw ay Co., San D iego, C a lif., 452, 4 /1 0 /1 9 , the
com pany paid m otorm en and conductors 40 cents fo r the first year and
45 cents thereafter. T h e board approved the w ages and suggested no
increase.
The rates were fixed for the period of the war only, and therefore
there was substituted for more extended graduation of rates by years
a shorter period for the increases.
110
CHAPTER IV.---- SU M M ARY AND ANALYSIS OF AWARDS.
PERCENTAGE INCREASES FOR OTHER EMPLOYEES.
When the wages of motormen and conductors have been increased
the same percentage of increase has frequently been awarded to
other employees whose claims had been submitted for adjudication;
See the street ra ilw a y oases on M inim u m w a g e s ; P hiladelphia R a ilw a y s
Co.,
1 0 /2 ,4 /1 8 ; and cases in n ext note.
B y agreem ent between the com pany and the em ployees the aw ard in B a y
S tate Street R a ilw a y Co., 634, 1 2 /4 /1 8 , contains this unusual provision,
“ T h e aggregate w age now paid to each classification, other than m otor
men and conductors, w hich is before the board fo r fixation, sh all be in
creased by the sam e percentage th a t the m a xim u m o f the w age scale p aid
to m otorm en and conductors is increased by the aw ard, and this aggre
gate am ount o f the increases is to be distributed am ong the ind ividuals in
the classification by agreem ent o f the jo in t com m ittee o f the em ployees
and the com pany that is now readju stin g the classifications and the rates
therein, and in case o f fa ilu re to reach an agreem ent the m atter sh all be
referred to the board for settlem en t.” Im m ediately afte r this aw ard the
com m ittee reclassified the m iscellaneous em ployees. T here had been, fo r
instance, about 2 0 different rates o f pay per hour fo r pitm en and even
more fo r carpenters. A fte r reclassification there w ere only tw o rates for
pitm en and only tw o rates fo r carpenters.
T he percentage increase in N ew Orleans R a ilw a y & L igh t Co., 98, 7 /3 1 /1 8 ,
w as changed 1 0 /2 4 /1 8 to an increase o f 10 cents an hour.
but in the more recent cases in making such percentage increases it
is expressly stated that this portion of the award does “ not apply
to such employees who are already receiving union craft rates nor
operate to increase wages beyond such rates.”
Boston E levated R a ilw a y Co., 181, 1 0 / 2 / 1 8 ; P ortland R a ilw a y , L igh t &
P ow er Co., 72, 1 0 /2 4 /1 8 ; N ew O rleans R a ilw a y & L ig h t Co., 98, 1 0 /2 4 /1 8 ;
D a yto n Street R a ilw a y Co., 150, 1 0 /2 4 /1 8 ; D enver T ra m w a y Co., 173,
1 1 /2 0 /1 8 ; A uburn & Syracuse E lectric R ailroad Co., 203, 1 1 /2 0 /1 8 ; C um
berland County P ow er & L igh t Co., 482, 1 1 /2 0 /1 8 ; L ew iston, A u gu sta &
WTaterville Street R a ilw a y Co., 448 , 1 1 /2 0 /1 8 ; Syracuse N orth ern E lectric
R a ilw a y , 246, 1 1 /2 1 /1 8 ; R ochester & Syracuse R a ilw a y Co., 278, 1 1 /2 1 /1 8 ;
E m p ire State R ailroad Corp., 289, 1 1 /2 1 /1 8 ; Cincinnati T raction Co.,
408, 1 1 /2 1 /1 8 ; C incinnati & Colum bus T raction Co., 409, 1 1 /2 2 /1 8 ; C in
cinn ati, M ilfo rd & Loveland T ra ction Co., 410, 1 1 /2 2 /1 8 ; B a y S tate Street
R a ilw a y Co., 634, 1 2 / 4 / 1 8 ; G eorgia R a ilw a y & P ow er Co., 159, 1 2 / 5 / 1 8 ;
Toledo, B ow lin g Green & Southern T raction Co., 527, 1 2 / 5 / 1 8 ; B uffalo
& L ak e E rie T raction Co., 628, 1 2 / 5 / 1 8 ; K n o x v ille R a ilw a y & L igh t Co.,
251, 1 /1 5 / 1 9 ; Boston & W o rc ester Street R a ilw a y Co., 851, 1 / 1 5 / 1 9 ;
L ou isville R a ilw a y Co., 4H> L ou isv ille Interurban R ailroa d Co., 414 a,
2 /4 / 1 9 , 4 / 1 1 / 1 9 ; St. Joseph R a ilw a y , L igh t, H e a t & P ow er Co., 950,
2 /4 /1 9 .
See also O hio E lectric R a ilw a y Co., L im a Interurban L in es, 627 ,
Springfield Interurban L ines, 627 b, N ew ark L ines, 627 c, 1 / 1 5 / 1 9 ; L os
A ngeles R a ilw a y Corp., 753, 4 /1 0 /1 9 .
On this point com pare the term s o f the aw ard in N ew Orleans R a ilw a y &
L ight Co., 98, 7 /3 1 /1 8 , w ith the reasons given fo r revising th a t aw ard
1 0 /2 4 /1 8 and the term s o f the revised aw ard. T h e provision quoted in
the te x t does not necessarily call fo r the raising o f the w ages o f the
other em ployees up to the union c r a ft r a te s : A pp eal from E x a m in e r’s
Interpretation, NewT Orleans R a ilw a y & L igh t Co., 98, 1 2 /1 7 /1 8 .
MINIMUM WAGES FOR OTHER EMPLOYEES.
A minimum wage has also been awarded to these other employees.
It has usually been 42^ cents or 42 cents per hour.
44
cents: P ortlan d R a ilw a y , L igh t & P ow er Co., P ortland, Oreg., 7?,
1 0 /2 4 /1 8 .
421 cents: Scranton R a ilw a y Co., Scranton, P a., 42, 7 / 3 1 / 1 8 ; E a st St. L ouis
Lines, E a st St. L ouis, 111., 43, 7 / 3 1 / 1 8 ; Schenectady R a ilw a y Co., Schenec-
LIVING WAGE.
I ll
tady, N . Y ., 44 , 7 / 3 1 / 1 8 ; Chicago & W e s t T ow n s R a ilw a y Co., Chicago,
111., 59 b, 7 / 3 1 / 1 8 ; E van ston R a ilw a y Co., E van ston, 111., 59 c, 7 / 3 1 / 1 8 ;
N ew Y ork S tate R a ilw a y s (R och ester, Syracuse, U t ic a ) , 120, 7 / 3 1 / 1 8 ;
Colum bus R a ilw a y , Pow er & L igh t Co., Colum bus, Ohio, 146, 7 / 3 1 / 1 8 ;
In tern ational R a ilw a y Co., B uffalo, N . Y ., 152, 7 / 3 1 / 1 8 ; O m aha &
Council B lu ffs Street R a ilw a y C o., O m aha, N eb., 154, 7 / 3 1 / 1 8 ; Rhode
Islan d Go., Providence, R . I., ISO, 1 0 / 2 / 1 8 ; B oston E levated R a ilw a y
Co., Boston, M ass., 181 , 1 0 / 2 / 1 8 ; D ayton Street R a ilw a y Co., D ayton,
Ohio, 150 , 1 0 /2 4 /1 8 ; K a n sa s C ity R a ilw a y s Co., K a n sa s C ity, M o., and
K a n sa s C ity, K a n s ., 265 , 1 0 /2 4 /1 8 ; D etroit U nited R a ilw a y Co., D etroit,
M ich., 32 sup., 1 1 /2 0 /1 8 ; D enver T ra m w a y Co., D enver, Colo., 173,
1 1 /2 0 /1 8 ; E a s t S t. L ou is, C olum bia & W a te rlo o R a ilw a y , E a st S t. Louis,
111., 175 , 1 1 /2 0 /1 8 ; Cum berland C ounty P ow er & L ig h t Co., P ortland,
M e., 432, 1 1 /2 0 /1 8 ; Lew iston, A u gu sta & W a te rv ille Street R a ilw a y Co.,
A u gu sta, M e., 448, 1 1 /2 0 /1 8 ; C incinnati T ra ction Co., C incinnati, Ohio,
408, 1 1 /2 1 /1 8 ; C incinnati & Colum bus T ra ction Co., 409, 1 1 /2 2 /1 8 ; B a y
S tate Street R a ilw a y Co., B oston, M ass., 634, 1 2 / 4 / 1 8 ; B u ffalo & L ake
E rie T ra ction Co., E rie, P a., 628 , 1 2 / 5 / 1 8 ; K n o x v ille R a ilw a y & L igh t
Co., K n ox ville, Tenn., 251 , 1 / 1 5 / 1 9 ; B oston & W o rcester Street R a ilw a y
Co., F ram in gh am , M ass., 851, 1 / 1 5 / 1 9 ; recom m endation in L os A n geles
R a ilw a y Corporation, L o s A n geles, C a lif., 753, 4 /1 0 /1 9 .
cen ts: Joplin & P ittsb urg R a ilw a y C o„ Joplin, M o., and P ittsburg, K a n s.,
23, 7 / 3 1 / 1 8 ; Cleveland, S outhw estern & Colum bus R a ilw a y Co., E ly ria ,
Ohio, 57, 7 / 3 1 / 1 8 ; Chicago S u rface L in es, Chicago, 111., 59 a, 7 / 3 1 / 1 8 ;
N ew O rleans L igh t & P ow er Co., N ew O rleans, L a., 98, 7 /3 1 /1 8 (w hich,
how ever, w as changed on 1 0 /2 4 /1 8 to 3 8 cents) ; P ennsylvania-N ew Jersey
R a ilw a y Co., T renton, N . J., 131, 7 / 3 1 / 1 8 ; A uburn & Syracuse E lectric
R ailroa d Co., Auburn , N . Y ., 203, 1 1 /2 0 /1 8 ; Syracuse N orthern E lectric
R a ilw a y , 246 , 1 1 /2 1 /1 8 ; R ochester & S yracuse R ailroa d C o., Syracuse,
N . Y ., 278, 1 1 /2 1 /1 8 ; E m p ire S tate R ailroa d Corp., Syracuse, N . Y ., 289 ,
1 1 /2 1 /1 8 ; C in cin nati, M ilfo rd & L oveland T ra ction Co., C incinnati, Ohio,
410, 1 1 /2 2 /1 8 ; T oledo, B o w lin g Green & Southern T raction Co., F in d lay,
O hio, 527, 1 2 / 5 / 1 8 ; Cleveland & E rie T ra ction Co. (a n interurban lin e ),
G irard, P a., 681 , 2 / 4 / 1 9 ; S t Joseph R a ilw a y , L igh t, H e a t & Pow er Co.,
S t. Joseph, M o., 950, 2 /4 / 1 9 . See also O hio E lectric R a ilw a y Co., L im a
Interurban L in es, 627, Springfield In terurban L ines, 627 b, N ew ark Lines,
627 c, 1 /1 5 /1 9 .
40 cents: L ouisville R a ilw a y Co., L ou isville, K y ., 414, 2 / 4 / 1 9 ; L ou isville
Interurban R ailroa d Co., L ou isville, K y ., 414 a, 2 / 4 / 1 9 ; U nited T raction
O o ., A lb an y , N . Y ., 96, 7 /3 1 /1 8 . B ecau se o f peculiar exigencies in the
L ouisville cases the aw ard w as modified by the exam in er as to specified
occupations, and this m odification w a s approved by the board. In the
A lb a n y case 40 cents w as the high est lim it under the subm ission agree
ment.
38 cents: N ew O rleans R a ilw a y & L igh t Co., N ew O rleans, L a ., 9 8 . 1 0 /2 4 /1 8 .
86 cents: G eorgia R a ilw a y & P ow er Co., A tla n ta , G a ., 159, 1 2 / 5 / 1 8 ; K n o x
ville R a ilw a y & L ig h t Co., 251, 1 /1 5 /1 9 . See also M em p his S treet R a il
w ay C o., M em p h is, T e n n ., 2 0 5 , 1 0 /2 4 /1 8 .
35 cents a s to som e occu p ation s: L ou isv ille R a ilw a y Co., L ouisville, K y .,
414, L ou isv ille Interurban R ailroa d Co., L ouisville, K y ., 414 a, as m odi
fied w ith approval o f board 4 /1 1 /1 9 .
In a few instances the board has awarded lower minimum wages for
particular occupations in which women were employed;
W om en turnstile operators and cashiers, 32 cents for first three m onths o f
service, 33 cents fo r n e x t nine m onths, 35 cents th e r e a fte r : P hiladelphia
R a ilw a y s Co., Philadelphia, P a., 442, 1 0 /2 4 /1 8 .
W om en collectors, 40 cents: B o ston E leva ted R a ilw a y Co., Boston, M ass.,
181 sup., 1 2 /5 /1 8 .
$75.00 per month guaranteed minimum: K a n sa s C ity R a ilw a y s Co., K an sa s
City, M o., and K a n s a s City, K an s., 265, 1 0 /2 4 /1 8 .
yet when men and women are performing similar work under similar
circumstances the women are entitled to pay equal to that of the men.
See citations under Women in Industry (p. 69).
112
CHAPTER IV.---- SUM M ARY AND ANALYSIS OF AWARDS.
SPECIFIC AW ARDS FOR SOME OTHER EMPLOYEES.
Wages have also been established for trainmen on interurban lines,
In addition to the cases nam ed above in w hich the w ages o f m otorm en
and conductors on interurban lines differed according to experience,
flat rates w ere nam ed fo r interurban trainm en in B a st St. L ou is Lines,
43, 7 / 3 1 / 1 8 ; Schenectady R a ilw a y Co., 44, 7 / 3 1 / 1 8 ; N ew Y ork State
R ailw ay s, 120 , 7 / 3 1 / 1 8 ; E a s t St. L ouis, Colum bia & W a te rlo o R a ilw a y ,
175, 1 1 /2 0 /1 8 ; A uburn & Syracuse E lectric R ailroad Co., 203, 1 1 /2 1 /1 8 ;
P ortland R a ilw a y , L igh t & P ow er Co., 210, 1 1 /2 1 /1 8 , modified by agree
m ent 1 /1 5 /1 9 .
See also In tern ational R a ilw a y Co., 152, 7 /3 1 /1 8 .
for elevated railway employees,
Chicago E levated R a ilw a y s Co., 59 a, 7 / 3 1 / 1 8 ; Boston E levated R a ilw a y
Co. 181, 1 0 /2 /1 8 , sup., 1 2 /5 /1 8 , sup., 1 /1 5 / 1 9 ; Philadelphia R ailw ay s
Co., 442 , 1 0 /2 4 /1 8 .
for freight train operators,
In tern ational R a ilw a y Co., 152, 7 / 3 1 / 1 8 ; E a st St. L ouis, Colum bia &
W a te rlo o R ailw ay , 175, 1 1 /2 0 /1 8 ; A uburn & Syracuse E lectric R ailroad
Co., 203, 1 1 /2 1 /1 8 ; P ortlan d R a ilw a y , L ight & Pow er Co., 210, 1 1 /2 1 /1 8 ,
modified by agreem ent 1 / 1 5 / 1 9 ; recom m endation in Pacific E lectric
R a ilw a y Co., 214 , 4 /9 / 1 9 .
for substation operators and repair men,
R ochester & S yracuse R ailroa d Co., 278, 1 1 /2 1 /1 8 .
and for other street railway and interurban railway employees.
Public Service R a ilw a y Corp., 69, 7 / 3 1 / 1 8 ; M em phis Street R a ilw a y Co.,
205, 1 0 /2 4 /1 8 ; K a n sa s C ity R a ilw a y s, 265 , 1 0 /2 4 /1 8 ; D etroit U nited
R a ilw a y Co., 3,2 sup., 1 1 /2 0 /1 8 ; P ortland R ailw ay , L igh t & P ow er Co.,
210 sup., 1 / 1 5 / 1 9 ; L ou isv ille R a ilw a y Co., 414> L ou isv ille Interurban
R ailroad Co., 414 a, 4 / 1 1 / 1 9 ; recom m endation in Pacific E lectric R a ilw a y
Co., 214, 4 / 9 / 1 9 ; San F ran cisco-O akland T erm inal R a ilw a y s, 610,
4 /1 0 /1 9 , in the la st o f w hich brakem en on one division w ere aw arded
43 cents, 46 cents, 48 cents, according to length o f service.
PROVISIONS FOR MORE OR LESS THAN MINIMUM RATES.
The awards have also provided that “ differentials paid for special
services shall be continued; ”
C harleston Consolidated R a ilw a y & L igh t Co., 695, 1 1 /2 0 /1 8 ; E m p ire State
R ailroa d Corp., 289, 1 1 /2 1 /1 8 ; C incinnati T raction Co., 408 , 1 1 /2 1 /1 8 ;
Cincinnati, L aw renceburg & A u ro ra E lectric s tr e e t R ailroa d Co., 407,
1 1 /2 2 /1 8 ; C incinnati & Colum bus T ra ction Co., 409, 1 1 /2 2 /1 8 ; Cincin
n ati, M ilford & Loveland T raction Co., 410, 1 1 /2 2 /1 8 ; O ttum w a R a ilw a y
& L igh t Co., 268, 1 2 / 5 / 1 8 ; Ohio E lectric R a ilw a y Co., L im a C ity Lines,
296, 1 / 1 5 / 1 9 ; Ohio E lectric R a ilw a y Co., Springfield Interurban Lines,
627 b, N ew ark L in es, 627 c, 1 / 1 5 / 1 9 ; St. Joseph R a ilw a y , L igh t, H e a t &
Pow er Co., 950, 1 /1 5 /1 9 . See also Ohio E lectric R a ilw a y Co., Z anesville
Lines, 627 a, 1 / 1 5 / 1 9 ; B oston & W o rc ester Street R a ilw a y Co., 851,
1 /1 5 /1 9 .
and some of them have more explicitly provided for payment higher
than the standard rate to men who are operating one-man cars,
5 cents per hour a d d itio n a l: Internation al R a ilw a y Co., 152, 7 / 3 1 / 1 8 ;
Pacific G a s & E lectric Co., 1125, 4 /1 0 /1 9 . 5 cents per hour over m a x i
m u m : K a n sa s C ity R a ilw a y s Co., 265, 1 0 /2 4 /1 8 .
3 cents a d d itio n a l:
San D iego E lectric R a ilw a y Co., 452, 4 /1 0 /1 9 .
or instructing new men,
B y a g re e m e n t: W ilm in g to n & P hiladelphia T raction Co., 475, 1 /1 5 /1 9 .
or are working upon snow-plows or snow-sweepers,
113
LIVING WAGE.
B y agreem en t: W ilm in gton & P h iladelphia T raction
W ash in g ton R a ilw a y & E lectric Co., 1049, 3 /2 5 /1 9 .
Co.,
475, 1 / 1 5 / 1 9 ;
or upon night runs,
N igh t cars shall be a ll straight runs, w ith no m ore than 8 hou rs’ tim e and
w ith 10 h ou rs’ p a y : K a n s a s C ity R ailw ay s Co., 265, 1 0 /2 4 /1 8 .
See also
agreem ent in W ilm in gton & P hiladelphia T raction Co., 475, 1 /1 5 /1 9 , on
early and late runs.
or upon emergency calls outside their scheduled hours.
P ortland R a ilw a y , L igh t & Pow er Co., 567, 2 /1 9 /1 9 .
in section on Street R a ilw a y H o u rs (p. 8 5 ) .
See also aw ards cited
Higher pay is also given in some cases for overtime work ;
Public Service R a ilw a y Co., 69, 7 / 3 1 / 1 8 ; K a n sa s C ity R a ilw a y s Co., 265,
1 0 /2 4 /1 8 ; by agreem ent in W ilm in gton & P hiladelphia T raction Co., 475,
1 /1 5 /1 9 .
and extra men are given guaranteed wages.
Public Service R a ilw a y Co., 69, 7 / 3 1 / 1 8 ; Pacific G a s & E lectric Co., 1125,
v 4 / 1 0 / 1 9 ; recom m endation in Pacific E lectric R a ilw a y Co., 214 , 4 / 9 / 1 9 ;
agreem ent in W ilm in gton & P hiladelphia T raction Co., 475, 1 /1 5 /1 9 .
Guaranteed w ages o f w o m e n : K a n sa s C ity R a ilw a y s Co., 265, 1 0 /2 4 /1 8 .
On the other hand, among the employees other than motormen
and conductors there are occasionally men under 21 years of age to
whom wages lower than the general minimum wages may be paid;
T he m inim um w ages are usually stated to be fo r adult m ale employees.
See also M em phis Street R a ilw a y Co., 205, 1 0 /2 4 /1 8 ; R ochester & S y r a
cuse R ailroad Co., 278, 1 1 /2 1 /1 8 ; N ew Orleans R a ilw a y & L ight Co., 98
sup., 1 0 /2 4 /1 8 ; L ou isv ille R a ilw a y Co., 414 , L ouisville Interurban R a il
road Co., 414
2 /4 / 1 9 , 4 /1 1 /1 9 .
and it has been ruled,
R u ling o f exam iners in charge (e. g., 1 0 /4 in the case o f T h e Rhode Islan d
Co., 180, 1 0 /2 /1 8 , 1 0 /2 4 in the case o f Boston E levated R a ilw a y Co., 181,
1 0 /2 /1 8 ) that “ T h e intent o f the aw ard is to give every adult m ale
employee affected engaged in an occupation essential to the operation
o f the company and whose rate is not specifically fixed by the aw ard a
daily w age o f a t lea st $4.25 for 10 hou rs’ w ork. W h erev er possible, the
hours o f labo r should be reduced to 1 0 w herever they are now greater,
but in cases w here long hours are found to be absolutely necessary in the
operation o f the road, a reasonable interpretation o f the awTard w ould
be th a t such persons are to receive $4.25 per day, based upon the number
o f hours they w ere w orking at the tim e o f the subm ission of the case.”
F ollow ed except a s to am ount involved in ruling in L ouisville R ailw ay
Co., 414, L ou isv ille Interu rban R ailroad Co., 414 a, on 3 /2 7 /1 9 , approved
by board on 4 /1 1 /1 9 .
and expressly stated in the later awards,
D enver T ra m w ay Co., 173, 1 1 /2 0 /1 8 ; A uburn & S yracu se E lectric R ailroad
Co., 203, 1 1 /2 0 /1 8 ; Cum berland County P ow er & L igh t Co., 43%, 1 1 /2 0 /1 8 ;
Lew iston, A u gusta & W a te rv ille Street R ailw ay Co., 448, 1 1 /2 0 /1 8 ;
Syracuse Northern E lectric R ailw ay , 246, 1 1 /2 1 /1 8 ; R ochester & S yra
cuse R ailroa d Co., 278, 1 1 /2 1 /1 8 ; E m p ire State R ailroa d Corporation,
289, 1 1 /2 1 /1 8 ; C incinnati T raction Co., 4O8, 1 1 /2 1 /1 8 ; C incinnati &
Colum bus T raction Co., 409, 1 1 /2 2 /1 8 ; Cincinnati, M ilfo rd & Loveland
T ra ction Co., 410, 1 1 /2 2 /1 8 ; B ay S tate Street R a ilw a y Co., 634, 1 2 / 4 / 1 8 ;
T oledo, B o w lin g Green & Southern T raction Co., 527, 1 2 / 5 / 1 8 ; B u ffalo
& L ak e E rie T raction Co., 628, 1 2 / 5 / 1 8 ; B oston & W orcester Street R a il
w ay Co., 851, 1 / 1 5 / 1 9 ; Cleveland & E rie T ra ction Co., 631, 2 / 4 / 1 9 ; St.
Joseph R a ilw a y , L ight, H e a t & P ow er Co., 950, 2 /4 /1 9 .
See also ruling
in L ou isv ille R a ilw a y Co., 414 , L ou isville Interurban R ailroad Co., 414
approved by board 4 /1 1 /1 9 .
42663°— 2:
114
CHAPTER IV .---- SU M M ARY AND ANALYSIS OF AWARDS.
that the minimum wage per hour is to be paid up to not more than 10
hours per day. There are also superannuated men and men partially
incapacitated, and it has been ruled that these men may be paid a
wage less than is fixed by the award upon agreement between the
company and the men or by reference to the examiners in charge.
R ulin g o f exam in ers in charge in T h e R hode Island Co., 180, 1 0 /2 /1 8 , on
1 0 /4 /1 8 , and in L ou isville R ailw ay Co., 414, L ouisville Interurban R a il
road Co., 414 a, 2 /4 / 1 9 , on 3 /2 7 /1 9 , th at “ E m ployees w ho are incapaci
tated from doing a norm al d ay’s w ork by reason o f age or p hysical dis
ability m ay be paid at a special rate, less than is granted by the aw ard,
by agreem ent between the representatives o f the company and the asso
ciation. In case the parties are unable to agree, any specific case m ay
be referred to the exam iners o f the N ation al W a r L abor B oard for a
decision, w hich decision is subject to appeal to the arbitrators as pro
vided in the a w ard .”
Such a ruling in the Louisville cases was approved by the board.
L ou isville R a ilw a y Co., 414, L ou isville Interurban R ailroad Co., 414 a*
4 /1 1 /1 9 .
See also C incinnati T raction C o., 408, Investigation into w age
o f m iscellaneous em ployees, 5 /1 /1 9 .
FINANCIAL RECOMMENDATIONS.
The board, or the joint chairmen as arbitrators, in awarding in
creases in wages to employees of street railway and interurban rail
way companies has frequently said that, “ This increase in wages will
add substantially to the operating cost of the company and will
require a reconsideration by the proper regulating authority of the
fares which the company is allowed by law to collect from its pas
sengers.”
Joplin & P ittsb u rg R a ilw a y , Co., 23 , 7 / 3 1 / 1 8 ; Scranton R a ilw a y Co., 4®,
7 / 3 1 / 1 8 ; E a s t S t. L ou is L ines, 4$, 7 / 3 1 / 1 8 ; Schenectady R a ilw a y Co.,
44, 7 / 3 1 / 1 8 ; Cleveland, Southw estern & Colum bus R a ilw a y Co., 57,
7 / 3 1 / 1 8 ; E van ston R a ilw a y Co., 59 c, 7 / 3 1 / 1 8 ; P ublic S ervice R ailw ay
Co., 69 , 7 / 3 1 / 1 8 ; U nited T raction Co. (A lb a n y , N. Y .) , 96, 7 / 3 1 / 1 8 ; N ew
Orleans R a ilw a y & L igh t Co., 98 , 7 / 3 1 / 1 8 ; G alesburg R a ilw a y , L igh t &
P ow er Co., 109, 7 / 3 1 / 1 8 ; N ew Y o r k S tate R a ilw a y s, 120 , 7 / 3 1 / 1 8 ; Penn
sylv an ia -N ew Jersey R a ilw a y Co., 131 , 7 / 3 1 / 1 8 ; Colum bus R ailw ay ,
P ow er & L igh t C o., 146, 7 / 3 1 / 1 8 ; In tern ational R a ilw a y Co., 152, 7 / 3 1 / 1 8 ;
O m aha & Council B lu ffs Street R a ilw a y Co., 154, 7 / 3 1 / 1 8 ; Cleveland &
E astern T raction Co., 167, 7 / 3 1 / 1 8 ; Cleveland, P ainesville & E astern
R ailroa d Co., 193, 7 / 3 1 / 1 8 ; R hode Island Co., 180, 1 0 / 2 / 1 8 ; P ortland
R ailw ay , L igh t & P ow er Co., 72, 1 0 /2 4 /1 8 ; D a yto n Street R a ilw a y Co.,
150 , 1 0 /2 4 /1 8 ; Denver T ra m w ay Co., 173, 1 1 /2 0 /1 8 ; E a st St. L ouis, Co
lum bia & W a te rlo o R ailw ay , 175, 1 1 /2 0 /1 8 ; A uburn & S yracuse E lectric
R ailroa d Co., 203, 1 1 /2 0 /1 8 ; B u tte E lectric R a ilw a y Co., 271, 1 1 /2 0 /1 8 ;
Cum berland County P ow er & L igh t Co., 432, 1 1 /2 0 /1 8 ; L ew iston, A u gu sta
& W a te rv ille Street R a ilw a y Co., 448, 1 1 /2 0 /1 8 ; Charleston Consolidated
R a ilw a y & L igh t Co., 695, 1 1 /2 0 /1 8 ; P ortland R a ilw a y , L igh t & P ow er
Co., 210 , 1 1 /2 1 /1 8 ; Syracuse Northern E lectric R a ilw a y , 246, 1 1 /2 1 /1 8 ;
Rochester & Syracuse R ailroad Co., 278, 1 1 /2 1 /1 8 ; S yracuse Suburban
R ailroad Co., 27,9, 1 1 /2 1 /1 8 ; E m p ire S tate R ailroad Corporation, 289 ,
1 1 /2 1 /1 8 ; Cincinnati, Law renceburg & A u rora E lectric Street R ailroa d
Co., 407, 1 1 /2 2 /1 8 ; Cincinnati & Colum bus T raction Co., 409, 1 1 /2 2 /1 8 ;
Cincinnati, M ilford & L oveland T raction Co., 410, 1 1 /2 2 /1 8 ; B a y S tate
Street R a ilw a y Co., 634, 1 2 / 4 / 1 8 ; Georgia R a ilw a y & P ow er Co., 159 ,
1 2 / 5 / 1 8 ; T oledo, B o w lin g Green & Southern T raction Co., 527, 1 2 / 5 / 1 8 ;
B u ffa lo & L ak e E rie T raction Co., 628, 1 2 / 5 / 1 8 ; Ohio E lectric R a ilw a y
Co., L im a C ity Lines, 296, 1 / 1 5 / 1 9 ; Ohio E lectric R a ilw a y Co., L im a
Interurban Lines, 627, Z an esville Lines, 627 a, Springfield Interurban
Lines, 627 b, NewTark L ines, 627 c, 1 / 1 5 / 1 9 ; B oston & W o rc ester Street
R a ilw a y Co., 851, 1 / 1 5 / 1 9 ; St. Joseph R a ilw a y , L ight, H e a t & P ow er Co.,
950, 2 /4 / 1 9 .
LIVING WAGE.
115
In these cases the following words, which had been used-in the
Cleveland Railway Co. case,
31, 7 /3 1 /1 8 .
were made a part of the award:—
“ We have recommended to the President that special congressional
legislation be enacted to enable some executive agency of the Federal
Government to consider the very perilous financial condition of this
and other electric street railways of the country and raise fares in
each case in which the circumstances require it. We believe it to be
a war necessity justifying Federal interference. Should this be
deemed unwise, however, we urge upon the local authorities and the
people of the locality the pressing need for such an increase adequate
to meet the added cost of operation.
“ This is not a question turning on the history of the relations
between the local street railways and the municipalities in which
they operate. The just claim for an increase in fares does not rest
upon any right to a dividend upon capital long invested in the enter
prise. The increase in fare must be given because of the immediate
pressure for money receipts now to keep the street railways running
so that they may meet the local and national demand for their service.
Overcapitalization, corrupt methods, exorbitant dividends in the past
are not relevant to the question of policy in the present exigency.
In justice the public should pay an adequate war compensation for a
service which can not be rendered except for war prices. The credit
of these companies in floating bonds is gone. Their ability to borrow
on short notes is most limited. In the face of added expenses which
this and other awards of needed and fair compensation to their em
ployees will involve, such credit will completely disappear. Bank
ruptcy, receiverships, and demoralization, with failure of service,
must be the result. Hence our urgent recommendation on this head.”
Recommendations that companies be allowed to increase their fares
were also made in other cases in somewhat different language.
D etroit United R a ilw a y Co., 32, 7 / 3 1 / 1 8 ; Chicago S urface Lines, 59 a,
7 / 3 1 / 1 8 ; Chicago & W e s t T ow ns R a ilw a y Co., 59 b, 7 / 3 1 / 1 8 ; Boston
E levated R a ilw a y Co., 181, 1 0 /2 /1 8 ; M em phis Street R a ilw a y Co., 205
1 0 /2 4 /1 8 ; K a n sa s C ity R ailw ay s Co., 265, 1 0 /2 4 /1 8 (in w hich case it
w as pointed out th at the proposed increase in fares w as only for the
period o f the w a r) ; O ttu m w a R a ilw a y & L igh t Co., 268, 1 2 / 5 / 1 8 ; Toledo,
B ow lin g Green & Southern Traction Co., 527, 1 2 / 5 / 1 8 ; K n ox ville R ailw ay
& L igh t Co., 251, 1 / 1 5 / 1 9 ; L ou isville R a ilw a y Co., 414, 2 / 4 / 1 9 ; L ouisville
Interurban R ailroa d Co., 414 a, 2 / 4 / 1 9 ; Spokane & Inland E m pire R a ilR oad Co., 503, 3 /2 7 /1 9 .
See also G eorgia R a ilw a y & P ow er Co., 159 ,
1 2 / 5 / 1 8 ; Boston & W orcester Street R ailw ay Co., 851, 1 /1 5 /1 9 .
In L ew iston, A u gu sta & W a te rv ille Street R a ilw a y Co., 448, 1 1 /2 0 /1 8 , the
jo in t chairm en as arbitrators added, “ W e desire to point out to the
riding public the absolute necessity o f continuing the patronage o f the
past, if the com pany is to continue to give any service upon its lines. A
public service corporation m ust be supported by the public, and i f that
support is w ithdraw n the com pany m ust o f necessity either cut down its
service radically or else cease operations altogether.”
In some cases, because of specific requests, the joint chairmen have
written additional letters to the fare-regulating authorities advocat
ing careful consideration of the need for increased fares. In many
communities increases in fares have been permitted because Of the
awards and recommendations of the board and of the joint chair
men as arbitrators.
116
CHAP. IV.---- SU M M ARY AND ANALYSIS OF AWARDS.
ACTION TAKEN AFTER MAY 31, 1919.
The following awards, findings, and recommendations were made
by the National War Labor Board after May 31, 1919, and are there
fore not included in the foregoing summary. There is no new
principle involved in these decisions, therefore they have not been
analyzed.
Industrial cases:
108. Trenton Smelting & Refining Co. U m pire’s award, 6/26/19.
A pplication to reopen award, 6/25/19.
387. H o y t Metal Co., 6/25/19.
513. Denver Planing M ills. U m pire’s award, 6/6/19.
639 and 746. W m . F . Mosser Co. and Cherry R iver E xtract C o., Richwood, W . V a.
U m pire’s award, 6/9/19.
692. Finch M anufacturing Co. U m pire’s award . 1
846. Baker Iron W crks, L ob Angeles, Calif. U m pire’s award, 6/12/19.
872. Scranton Pum p Co. U m pire’s award . 1
927-32. Standard Pattern Works, .Cincinnati, Ohio. U m pire’s award, 7/31/19.
970 and 971 and 983. Evan sville, In d ., M ills, 6/25/19.
984. A kin-Erskin Co., Evansville, In d ., 6/25/19.
1116. Lum en Bearing Co., etc. U m pire’s award, 6/29/19.
1146 and 1153 to 57. Spelter companies, Oklahoma and Arkansas, 8/12/19.
2 0 1 . Ccal Dock Operators, Duluth.
Street railway cases:
72. Portland R y ., L ight & Power Co. R evision, 8/12/19.
175. East St. Louis, Columbia & Waterloo R y . R evision, 8/12/19.
628. Buffalo & Lake Erie Traction Co., Erie, Pa. Order on appeal from inter
pretation of examiner, 6/25/19.
634. EaBtem Mass. Street R y . Co. R evision, 8/12/19.
851. Boston & Worcester Street R y . Co. Motion for revision, 6/25/19.
1144. Public Service Railw ay Co., Newark, N . J., 6/25/19.
1147. Pittsburgh Railways Co., 8/12/19.
1150. Alton, Granite & St. Louis Traction Co., 8/12/19.
1151. East St. Louis & Suburban R y . Co., 8/12/19.
1152. East St. Louis Traction Cos., 8/12/19.
1158. Beaver V alley Traction Co. and Pittsburgh and Beaver V alley Street R y .
Co., 8/12/19.
1159. Cleveland & Chagrin Falls R y . Co. and Cleveland & Eastern Traction Co.,
8/12/19.
1160. Cleveland, Painesville & Eastern R y . and Cleveland, Painesville & A sh
tabula R y ., 8/12/19.
1 Precise date unknown.
CHAPTER V.— REPRESENTATIVE AWARDS OF THE NATIONAL
WAR LABOR BOARD.
One hundred and six representative awards have been selected as
being sufficient to illustrate the National War Labor Board’s applica
tion of the principles outlined for its guidance by the War Labor
Conference Board.
Each specific problem treated in the foregoing summary and analysis
(Chap. iv, pp. 52-115) is illustrated by at least one award.
The awards are arranged numerically.
In view of the fact that only a part of the awards mentioned in
Chapter IV as illustrating each principle are published here, the fol
lowing index to the awards chosen for publication has been arranged
for the convenience of the reader. This index lists the numbers of
the awards presented in the following pages under the general topical
headings used in Mr. Reeder’s analysis. For example, under the
index heading “ Right to organize” and its subheadings, “ Inter
ference with union activity forbidden/’ “ Collective bargaining,” etc.,
will be found a list of the awards published in the following pages
(119-334), which illustrate the problems in this field handled by the
board.
INDEX TO AWARDS PUBLISHED IN THE FOLLOWING PAGES.
I . N o strikes or lockouts during the war: 35, 132, 273, 320.
I I . Right to organize:
A . R ule restated in m any awards: 1 2 , 21 and 21b, 35, 40, 130, 132, 146, 159,
163, 195, 273, 297, 320, 641, 752, 831.
B . Interference with union activity forbidden: 12, 22, 32, 40, 97, 127 sup.,
129, 130, 132, 146, 154, 159, 195, 214, 231, 273, 283, 296, 320, 395, 452, 473, 502,
571, 798, 818, 968, 978, 1049.
C. Collective bargaining: 16, 21 and 21b, 2 2 , 35, 40, 97, 130, 132, 146, 147,
174, 201, 231, 231, 232, 258, 261, 273, 274, 320, 355, 365, 393, 400, 416, 473, 502,
571, 594, 798, 818, 831, 873, 913, 968, 978, 1028, 1049, 1123.
D . Composition of committees established for collective bargaining: 4a, 22, 35,
37b, 130, 132, 147, 154 su p., 163, 195, 231, 235, 258, 273, 274, 297, 337, 349, 355,
393, 502, 641, 873, 978.
E . Awards as to elections of com m ittees: 2 2 , 129, 130, 147, 273, 393.
F . Duties of com m ittees: 4a, 2 2 , 35, 37b, 130, 132, 147, 163, 231, 232, 235, 258,
273, 274, 338, 365, 393, 395, 416, 452, 473, 502, 522, 641, 670, 818, 873, 968, 1028.
I I I . E xisting conditions:
A . Union shop to continue unionized: 32, 1 0 2 , 105, 130, 230, 233, 258, 315, 400,
474, 583, 677, 829.
B . Representation of workers b y outside agents: 16, 32, 132, 146, 159, 258, 339,
400, 503, 831.
C. Recognition of the union: 154 su p ., 214, 452.
D . Protecting health and safety of workers: 22, 35, 45, 97, 102, 130, 163, 233,
258, 273, 355, 395, 440, 442, 503, 583, 798, 829, 978, 1028.
I V . W om en in industry:
A . Equal pav for equal work: 4a, 2 2 , 32 sup., 35, 127 and su p ., 129, 130, 132,
163, 181, 195, 233, 258, 265, 274, 278, 297, 337, 393, 448, 502, 829.
B . E m p loym en t of women as conductors: 32, 444, 491.
117
118
C H A P . V .-----AW A R D S OF N A T IO N A L W A R LABOR BOARD.
V . Hours of labor:
Industrial cases:
A . No general rule established: 14, 40, 102.
B . Eight-hour day usually awarded b y umpires: 37a, 37b, 1 3 2 ,1 6 0 ,1 9 5 , 437, 831.
C. Decisions of board in favor of 48-hour w eek: 4a, 105, 147, 163, 274, 338,
393, 1123.
D . Decisions of board in favor of basic eight-hour d ay : 12, 14, 97, 102 sup., 129,
130, 201, 235, 261, 320, 349, 395, 400, 416, 440, 473, 567, 571, 594, 913, 1028.
E . Other award on hours: 35, 40, 45, 102, 102 su p ., 127, 127 sup ., 130, 174, 230,
231, 258, 297, 335a, 355, 365, 502, 670, 739, 774, 818, 829, 968, 978.
F . Designation of hours of work: 4a, 35, 97, 130, 147, 338, 349, 355, 393, 440,
567 798 829 "978
G. Sundays and holidays: 4a, 10, 22, 35, 40, 97, 130, 132, 163, 195, 235, 297,
320, 355, 395, 416, 567, 798, 913, 1028.
H . P aym ent for overtim e: 4a, 1 0 , 1 2 , 16, 2 2 , 35, 37a, 37b, 40, 97, 102 su p ., 127,
127 sup., 129, 130, 132, 147, 160, 163, 195, 201, 216, 235, 258, 261, 297, 320, 335a,
349, 355, 365, 3 9 5 ,4 1 6 , 4 3 7 ,4 4 0 , 5 0 2 ,5 0 3 , 571, 583, 594, 798, 873, 913, 968, 9 7 8 ,1 0 2 8 .
I. Provisions against excessive overtim e: 4a, 147, 274,.393.
J. Guarantee of m inim um number of hours: 4a, 40, 45, 97, 147, 395, 798, 873.
Street railway cases:
K . Street railway houra: 32 and 32 su p ., 146, 154, 181, 214, 265, 296, 452, 475,
503, 610, 1049.
V I . M axim um production: 4a, 2 2 , 32, 35, 40, 45, 1 0 2 , 1 2 0 , 147, 258, 297, 444, 752.
V I I . Custom of localities:
A . Hours and working condition s: 160, 195, 739, 752, 798, 968.
B . Principles governing wage awards: 1 0 , 16, 35, 1S 1 , 2 0 1 , 201 su p ., 233, 271,
315, 403, 405, 1028.
C. W ages and customs of localities: 2 2 , 35. 163, 181, 195, 315, 339, 349, 355, 400,
403, 437, 502, 503, 571, 583, 594, 739, 774, 798, 873.
D . Maintenance of standard of livin g : 16, 32, 35, 35 sup., 105, 132, 163, 181,
195, 232, 233, 258, 261, 339, 416, 583, #94.
V I I I . The living wage:
Industrial cases:
A . Determination of the living wage: 40.
B . W age increases: 4a, 16, 22, 35, 40, 45, 98, 102 , 105, 127, 127 su p ., 130, 132,
147, 174, 195, 201 su p ., 232, 258, 274, 339, 395, 400, 416, 437, 452, 473, 522, 567,
571, 594, 774, 798, 829, 1028.
C. M inim um wages for plant: 4a, 16, 21 and 21b, 35, 40, 1 0 2 , 104, 127, 129,
132, 163, 195, 216, 233, 258, 337, 416, 594, 829, 873, 913, 978.
D . M inim um wages for particular occupations in p lan t: 12, 14, 22 , 35, 40, 45,
97, 102, 104, 127, 127 sup ., 129, 130, 160, 163, 216, 230, 233 , 261, 297, 315, 320,
349, 3 5 5 ,3 6 8 , 393, 395, 403, 416, 437, 440, 474, 526, 571, 637, 670, 829, 831, 913, 968.
E . Provisions for more or less than m inim um rates: 4a, 40, 102 , 127, 132, 163,
195, 233, 258, 274, 400, 416, 594, 798, 873, 913, 978, 1050.
P . Classification: 14, 2 2 , 35, 40, 129, 132, 163, 258, 297, 320, 393, 400, 571.
G . Piecework and bonus: 4a, 2 2 , 35, 40, 127, 127 sup ., 129, 130, 174, 195, 258,
274, 400, 416, 437, 571.
H . Tim e and manner of paym ent; 4a, 1 2 , 40, 45, 9 7 ,1 3 0 , 395, 503, 583, 8 7 3 ,1 0 2 8 .
I . Questions referred to com m ittees: 913.
Street railway cases:
J. Motormen and conductors: 32, 98, 120, 146, 154, 181, 214, 265, 271, 296,
414, 414a, 442, 448, 452, 503, 610, 634, 1049.
K . Percentage increases for other em ployees: 98, 159, 181, 278, 414, 414a, 442,
448, 634.
L. M inim um wages for other em ployees: 32 su p ., 98, 120, 146, 154, 159, 181,
265, 278, 414, 414a, 442, 448, 634.
M . Specific awards for some other em ployees: 32 sup., 1 2 0 , 181, 181 sup., 214,
265, 278, 414, 414a, 442.
N . Provision for more or less than m inim um rates: 98, 181, 214, 265, 278, 296,
414, 414a, 452, 448, 475, 567, 634, 1049.
O.
Financial recommendations: 32, 98, 1 2 0 , 146, 154, 159, 181, 265, 271, 278,
296, 414, 414a, 448, 503.
119
ST. LOUIS CAR CO.
TEXT OF THE AWARDS.
Award in re Employees v. St. Louis Car Co.
4 a . O C T O B E R 1 1, 19 1 8 .
In the case of Em ployees v. St. Louis Car Co., of St. Louis, M o., the following pre
lim inary agreement was entered into between the parties and underwritten by a
section of the National W ar Labor Board, consisting of Mr. Michael and Mr. Olander,
M ay 15, 1918, as follows:
N a t io n a l W a r L a b o r B o a r d ,
Washington, D . C., M a y 15, 1918.
In the matter of the controversy of the St. Louis Car Co., the subcommittee recom
mends that the employees of that company im m ediately return to work, upon the
condition that the St. Louis Car Co. accepts the four propositions, v iz:
First. T hat the company w ill grant a temporary 10 per cent increase in wages.
Second. T h at the company w ill decrease the working hours.
Third. T hat the employer agrees to summarily m eet w ith the chosen representatives
of his employees to adjust all points of dispute.
Fourth. T hat both sides agree to subm it any points upon which disagreement m ay
occur to the National W ar Labor Board, or its authorized committee, for consideration,
the decision of which both parties agree to accept and abide b y . Pending such deci
sion there shall be no cessation of work.
E d w in B . M e is s n e r ,
For St. Louis Car Co.
C h as. J. E is e n r in g ,
For the Employees.
C. E . M ic h a e l ,
V . A . O la n d e r ,
National War Labor Board.
The conferences between the parties, as provided for b y the above agreement,
were held. The parties failed to reach an agreement, and the case was again sub
mitted to the section of tbe board. The board now renders the following decision and
award:
Daywork rates.— A ll day or hour workers shall receive an increase of 25 per cent
over the wages in effect on June 15, 1918.
Piecework rates.— Conference shall be held, w ithin 10 days after the date of this
award, between the representative committee or committees hereinafter provided
far and the management, to adjust piecework rates. A n y disagreement shall be
referred to the National W ar Labor Board for decision.
Guaranteed minimum hourly or daily wage rates.— T he hourly or daily wage rates
computed under this award shall be the guaranteed m inim um hourly or daily wage
rates for the workers in the various occupations in the plant covered b y this award,
including piece-rate workers, and conferences shall be held, w ithin 10 days from the
date of this award, between the representative committee or committees hereinafter
provided for and the management to compute the guaranteed m inim um wage rates for
each trade, occupation, or subdivision thereof; provided, that in no case shall any male
employee 21 years of age or over receive less than 40 cents an hour. W om en per
forming the same work as m en, or doing work ordinarily performed b y men, shall
receive the same p ay as men, but in no case shall any female 18 years of age or over
receive less than 30 cents an hour, nor shall women or girls be allotted tasks dispro
portionate to their strength: Provided, however, T h at the m inim um wage rates herein
provided for shall not apply to those who, b y reason of old age or permanent physical
incapacity, are unable to perform a normal d a y ’s labor; and in the case of women
under 21 years shall not be rigidly applied to inexperienced beginners or apprentices.
A n y difference arising in this regard shall be decided b y the committee representing
the workers and the management.
No reductions.— In no case shall this award operate to reduce the d aily earnings of
any em ployee affected thereby. There shall be no reduction of piece rates during
the war, except b y m utual agreement through representative conferences on the
basis of collective bargaining between the parties to whom this award applies.
Retroactive pay.— The retroactive pay for all workers under this award shall be
figured from June 15, 1918, and shall be paid in full before Novem ber 15, 1918.
120
C H A P . V .-----A W AR DS OF N A T IO N A L W A R LABOR BOARD.
Working hours and overtime.— T he regular working tim e of each full week shall
consist of 48 hours, d ivid ed into 6 d aily periods of 8 hours. A ll tim e worked in excess
of 8 hours w ithin any one day, or 48 hours w ithin any one full week, shall be con
sidered overtime and shall be paid for at the rate of tim e and a half, bu t any tim e
worked on Sundays or holidays shall be considered extra tim e and shall be paid for
at the rate of double tim e.
B y m utual agreement between the management and the workers the d aily working
schedule m ay be so lengthened as to permit of a half holiday on one d ay of each week.
I t is further provided th a t no worker shall be entitled to paym ent for overtim e or
extra tim e unless he shall work 48 hours in said full week (or 40 hours w hen a holiday
intervenes), except in the case of illness, accident, misfortune, or other just or neces
sary cause.
The employer shall guarantee to each worker who shall be em ployed on the first
day of any week the opportunity to work at least 44 hours in such week (or 36 hours
where a holiday intervenes), exclusive of overtim e or extra tim e, and in default of
providing such em ploym ent shall pay the worker full wages for such hours, exclusive
of overtime and extra tim e.
Excessive overtim e shall not be exacted or perm itted, and, in order that the same
m ay be kept w ithin reasonable lim its, it is hereby decreed that where, in any one d ay,
more than two hours overtim e in excess of eight hours is required, then, for that d ay,
overtime shall be paid without regard to whether or not the worker shall, during that
week, have worked the w eekly schedule provided for.
For the purpose of securing the equitable application of this section and adjusting
all differences w hich m ay arise between the management and the workers in regard
to its operation, a permanent committee of four persons is hereby created, tw o of
whom shall be designated b y th e management of the plant and two b y the workers,
the decisions of a n y three of whom shall be binding. In the event of failure of the
committee to reach an agreement, the case m ay be referred to the exam iner of the
National W ar Labor Board, whose decision shall be binding, except that either party
m ay appeal to the National W ar Labor Board, pending the adjudication of w hich
appeal the decision of the exam iner shall be in force and effect.
Sundays and holidays.— Double tim e shall be paid for all work performed on Sundays
and holidays. T he parties have agreed that New Y e a r ’s D ay, Memorial D a y, Inde
pendence D a y, Labor D ay, Thanksgiving D ay, and Christmas D a y shall constitute
regular holidays under th is award.
Pay days.— T he parties have agreed that p ay days shall be the 7th and 22d days of
each m onth, except when these days fall on Sunday, in w hich case the p ay day shall
be the day previous to such Sunday. The parties have also agreed that paym ents
shall hereafter be made in cash. T he agreement on these points is therefore made
jpart of th is award.
Apprentices.— T he establishment of an apprentice system should be m utually
agreed upon between the management and the properly authorized representative
com m ittee or committees of the workers. T h e board recommends that a reasonable
num ber of apprentices be provided for.
Committees.— The present systeift of a representative com m ittee or committees
selected b y the workers to present grievances and to negotiate w ith the com pany shall
continue in accord w ith the principles of th e N ational W ar Labor Board.
Periods o f readjustments.— T h is award shall rem ain in force for the period of the war;
provided, however, th at on th e 1st d ay of A pril, 1919, and at periods of six m o n th s’
interval thereafter, application m a y be made b y either party for such adjustments
as changed conditions m ay render necessary.
St. Louis Aircraft Corporation not included.— T he representatives of the workers
contended that the submission of this case and th e award should include the S t. Louis
Aircraft Corporation, the management of w hich is conducted b y the same person and
in the same building as the S t. Louis Car C o.; but the agreement of M ay 15, 1918, on
which the case involving the car com pany is based, does n ot include th e aircraft
corporation. T h is award does not, therefore, include the S t. Louis Aircraft Cor
poration. T he board, however, is of the opinion that harmony w ill be promoted
between the management and em ployees and production facilitated if the S t. Louis
Aircraft Corporation and its employees will accept and apply this award.
V . A . Olander,
€. E
d w in
M ic h a e l ,
Section,
M A R IN E W O R K E R S , POR T OF N E W
121
YORK.
Award of the Board of Arbitration, New York Harbor Wage Adjustment,
United States Shipping Board in re Wages and Working Conditions of
Employees Engaged in the Operation of Tugs, Barges, lighters, Ferry
boats, and Other Harbor Marine Equipment in the Port of New York,
also River Vessels Engaged in Carrying on the Commerce of the Port of
New York.
10 a n d 1036.
N o v e m b e r 16 , 1917.
Whereas on October 20, 1917, representatives of owners and operators of tugs, barges,
lighters, ferryboats, and other harbor marine equipm ent in the port of N ew York did
sign an agreement w ith the U nited States Shipping Board as follows:
W e, the undersigned owners and operators of tugs, barges, lighters, ferryboats,
and other harbor marine equipm ent in the port of New Y ork, hereby agree with
the U nited States Shipping Board that during the period of war we w ill subm it
all differences concerning wages or conditions of labor involved in the operation
of such marine equipm ent which can not first be adjusted b y the employers and
the employees to the decision of a Government board of three men, to be appointed
as follows: One by the U nited States Shipping Board, one b y the Department of
Commerce, and one b y the Department of Labor.
T his Government board shall have no authority to pass upon the question of
open or closed shop or the recognition of unions, but we agree that there shall
be no discrimination of any kind against union men, and the board shall have
power to determine questions of discrimination.
A nd whereas representatives of labor employed in the operation of tugs, barges,
lighters, ferryboats, and other harbor marine equipm ent in the port of New Y ork did
on the same day enter into an agreement w ith the Shipping Board as follows:
W e, the undersigned representatives of labor employed in the operation of tugs
barges, lighters, ferryboats, and other harbor marine equipm ent in the port of
New Y ork, hereby agree w ith the U nited States Shipping Board that during the
period of the war we w ill subm it all differences concerning wages or conditions of
labor in volved in the operation of such marine equipm ent w hich can not first be
adjusted b y the employers and the employees to the decision of a Government
board of three m en, to be appointed as follows: One b y the U nited States Shipping
Board, one b y the Department of Commerce, and one b y the Department of Labor.
This Government board shall have no authority to pass upon the question of
open or closed shop or the recognition of unions, but there shall be no discrimi
nation of an y kind against union men, and the board shall have power to determine
questions of discriminations; and pending the decision of said board work shall
continue uninterruptedly.
A n d whereas, under the agreements above cited, a Board of Arbitration, N ew York
Harbor W age Adjustm ent, U nited States Shipping Board, was appointed as contem
plated in the above agreements, to w it: Capt. W illiam B . Baker, of the U nited States
A rm y, was appointed b y the Shipping Board, Ethelbert Stewart b y the Department
of Labor, and George R . Putnam b y the Department of Commerce, and this board
having elected Capt, W illiam B . Baker as its chairman and having considered all
material evidence in the case, hereby announces to all parties concerned as its award
the following:
1. H a r b o r a n d R iv e r T u g s a n d P a s s e n g e r V e ss e l s P ropelled b y St e a m ,
O t h e r T h a n T h o se H e r e in a f t e r D e s ig n a t e d a s F e r r y b o a t s , L ig h t e r s , a n d
T id e w a t e r B o a t s .
A.— MINIMUM WAGE SCALE.
Deck department:
Gap tains.— The m in im um rates of pay of captains shall be based
upon the equivalent single-cylinder diameter of the engine
with w hich the boat is equipped, as follow s:
Per month
with board.
10 inches up to and including 15 in ch es.....................................$125
Over 15 inches and including 18 inch es......................................
135
20 inches and over.................................................................................
145
Licensed mates or pilots required to navigate the b o a t ...............
125
Licensed mates on tugs doing transport w ork ...................................
100
Licensed deck mates on passenger and excursion vessels, not
engaged in the handling or navigation of boat.................................
90
First deck hands, two-crew bo ats............................................................
65
D eck hands, other than first, two-crew boats.....................................
60
D eck hand, when there is bu t one such em ployee during period
of 24 hours......................................................................................................
65
122
C H A P . V .-----AW AR DS OF N A T IO N A L W A R LABOR BOARD.
Per m onth
with board.
Engine department:
Engineers.— Rates graduated on same basis as for captain, as
follows:
10 inches up to and including 15 in ch es.....................................
Over 15 inches and including 18 inch es......................................
20 inches and over.................................................................................
Assistant engineer: $10 less per month than engineer on same
class of boat.
N ight engineer: W hen in charge and doing the same class of
work as is required of day man, the pay shall be the same as
the day engineer.
O i l e r s ...* ............................................................................................................
Firemen, where two or more are em ployed........................................
Firemen, where there is but one such employee during period
of 24 hou rs......................................................................................................
Other employees;
Cooks, on craft em ploying more than one deck hand in 24 hours.
Cooks, on craft em ploying but one deck hand in 24 hours...............
Floatm en.............................................................................................................
115
125
135
65
60
65
60
62
60
B .— W O RK ING CONDITIONS.
1. Where maintenance or subsistence is not furnished the above employees, 60 cents
per day, or $18 per m onth, shall be allowed in lieu thereof.
2 . The length of day is to be governed b y the Federal law.
3. One day off each week w ith pay shall be granted to all employees, the day to be
determined b y the employer.
4. One full w eek’s vacation w ith pay shall be granted to each of the above employees
who has been in the em ploy of one company for a period of one year or more.
5. Car fare to be paid b y employers when boats are to change crews at other than a
designated point.
6 . Employers and employees are urged to reduce overtime to a m inim um , but when
overtime is required such overtime shall be paid for at tim e and one-half.
2. F e r r y b o a t s .
A .— M INIM U M -W AGE SCALE, ALL WITHOUT BOARD.
Deck department:
p er month.
Captains or p ilo ts............................................................................................
W heelsm en.........................................................................................................
Deck hands.........................................................................................................
$160
80
70
Engine department:
Engineers............................................................................................................
Oilers required to have U . S. marine engine licen se.........................
Oilers not required to have U . S. marine engine license..................
Firem en................................................................................................................
150
85
80
80
B .— W O RK ING CONDITIONS.
1 . One day off each week w ith
pay shall be granted to all the above-named
employees, the day to be determined b y the employer.
2 . One full w eek’s vacation w ith pay shall be granted to each of the above-named
employees who has been in the em ploy of the company for a period of one year or
more.
3. T i d e w a t e r B o a t s .
Tidewater boats— that is, coal boats, grain boats, or open-deck scows.
There is hereby established a m inim um m onthly rate of $70, w ithout board, for
captains.
4. L i g h t e r s a n d B a r g e s .
Lighters and barges not included under 3.
There is hereby established the following m inim um m onthly rate for captains:
(a) For barges having h eav y steam hoisting gear of 15 tons’ capacity
and over..............................................................................................................$90
( b) For barges having light steam or gasoline hoisting gear with
hoisting capacity less than 15 to n s........................................................ 85
77
(c) For covered barges and barges with hand-hoisting gear...................
M A R IN E W O R K E R S , P O S T OF N E W
YORK.
123
For watching at night, if required, $1 per night shall be paid for covered barges,
loaded barges where m an is not required to be on deck, and unloaded barges, and
$1.50 per night per man where man is required to be on deck.
A ll car fares in excess of 10 cents to be p a id b y the employers for m en w ithin the
Metropolitan D istrict, and all carfares to be paid b y th e employers when on com pany
business.
Nothing in this award shall be construed to decrease the pay or allowance or to increase
the hours o f labor now in effect or that were in effect on or prior to November 1, 1917.
AU wage rates, allowance, and working conditions provided for in this award shall be
effective as o f November 1 , 1917.
Wm. B . B a k e r , Capt. U . S. A ., Chairman,
U. S . Shipping Board.
G . R . P u tn am , Department of Commerce.
E t h e l b e r t S t e w a r t , Department of Labor.
IN T E R P R E T A T I O N O F A W A R D .
[March 2 0,1 9 18 .3
Requests h ave been filed w ith this board for an interpretation of the award of
N ovem ber 16, 1917.
b First, respecting th e following points affecting employees operating harbor and
river tugs and passenger vessels propelled b y steam other than those designated as
ferryboats:
(a) T he classification of compound and triple expansion engines.
(b) The length of the working day.
(c) T h e method of com puting overtime.
O n the first point the board rules that for the purpose of this award, boats equipped
w ith compound or triple expansion engines shall be placed in the 2 0 -inch and over
single cylinder class.
On the second point the award provides th at “ the length of day is to be determined
b y the Federal la w .” The board has not the authority to interpret the Federal law .
T he point at issue, however, is obviously that of determining when overtim e begins,
and on this the board rules that tim e in excess of 12 hours per day shall be regarded
as overtim e.
On the third point the board makes the following ruling in order to arrive at a
uniform basis for determining overtime rates. T he annual compensation, exclusive
of board allowance, should be divid ed b y 313 to determine the basic d aily rate; the
basic daily rate should be divided b y 12 to determine the basic hourly rate. To
either the daily or the hourly basic rate, one-half of such rate should be added to
arrive at the overtime rate.
Second, respecting the following points as affecting captains of barges with hoist
ing gear and covered barges, both nonself-propelled:
(a) T he length of the day.
(b) T he basis of compensation for overtim e.
On the first point the board recognizes the variable conditions under which these
boats operate. Some are on a 1 0 -hour day and a 6 -day w eek basis; on others the hours
are not clearly defined. Captains are required to live o n some boats, captains of
other b o a l ^ i v e ashore. T he board is anxious to avoid any action that m ight tend
to disorganize operations such as attem pting at this tim e to place all such boats on
the same basis. It is accordingly ruled th a t in cases where a 10 -hour day was in
effect at the tim e of or prior to the award th e arrangement of hours w ill not be dis
turbed. In cases where the length o f the day is not thus defined the hours between
6 a. m . and 7 p . m .— one hour being allowed for the noon meal— are to be regarded as
a working d ay.
On the second point, and recognizing the two sets of working conditions, the board
rules that where m en do cargo work, as distinct from watching, in excess of 10 hours
per day and 6 days per w eek, where these working conditions were enjoyed at the
tim e of or prior to the award, or between the hours of 7 p . m . and 6 a. m . in cases
where a 1 0 -hour d ay was not in effect, they shall be compensated for tim e worked on
the basis of tim e and one-half.
Third, respecting the following points as affecting captains of coal boats, grain
boats, and open-deck scows:
(a) T h e length of the day.
(b) The basis of compensation for overtim e.
On the first point the board recognizes that it is impossible to lim it the operations
of these boats to specific hours of the day, and that it would probably be impractical
124
C H A P . V .-----A W A R D S OF N A T IO N A L W A R LABOR BOARD.
to attem pt to keep a record of the hours captains were on deck at night. T he board
feels, however, th a t where men are subject to call during 24 hours of the day, the
tim e lim its should be set beyond which additional compensation should be paid if
m en are required to be active. It is accordingly ruled that the hours between 6
a. m . and 7 p . m ., one hour being allowed for the noon m eal, shall be regarded as a
working day.
On the second point the board rules that if men are required to be active on their
boats in connection w ith the loading or discharging of cargo at piers or alongside any
vessel or in coal port between the hours of 7 p. m . and 6 a. m . for five or more nights
in any one month th ey shall be given a flat compensation of ten dollars ($ 1 0 ) per
m on th , effective as of March 1 ,1 9 1 8 , in lieu of an overtim e rate for such work. Being
required to liv e on the boat or to sleep on the boat, or to tow at night, is not to be
construed, however, as the basis for such additional compensation.
The board has previously ruled, under date of March 7, 1918, on the question of
“ w atching,” and on the basis of compensation to tug and ferryboat employees for
work performed in lieu of the day off per week. These rulings are as follows:
Captains on lighters and barges should receive pay for watching when re
quired to be on their boats between the hours of 7 p. m . and 6 a. m .
W h en tug and ferryboat employees do not receive one day off per week work
performed b y them on th at day is to be regarded as overtime and should be
compensated on the basis of tim e and one-half.
The award of Novem ber 16, 1917, together with all of the above rulings and inter
pretations, shall remain in full force and effect until September 30, 1918.
R espectfully,
Wm. B . B a k e r , Capt. U . S. A ., Chairman, U. S . Shipping Board.
E t h e l b e r t S t e w a r t , Department o f Labor.
A W A R D IN R E F E R E N C E TO W A G E S A N D W O R K I N G C O N D IT IO N S O F
S T A T I O N A R Y S T E A M H O I S T IN G E N G I N E E R S E M P L O Y E D O N M A R I N E
E Q U IP M E N T IN T H E P O E T O F N E W Y O R K .
March 2 0 , 1918.]
Whereas representatives of stationary and steam hoisting engines employed on
marine equipm ent in the port of New York having agreed to accept the plan of arbi
tration proposed by the U . S. Shipping Board and accepted by representatives of own
ers of marine equipm ent in the port of New York and b y representatives of labor
employed in the operation of such equipm ent; and
Whereas representatives of such stationary steam hoisting engineers having sub
mitted their demands on December 17, 1917, to employers of such labor and without
reaching a satisfactory adjustment, have submitted their case to this board; and
Whereas this board has heard the evidence presented by both sides, it would respect
fully submit the following as its award:
STATIONARY STEAM HOISTING ENGINEER S ON M ARINE
N E W YO R K .
EQUIPMENT IN
THE PORT OP
A . Minimum monthly wage scale.
1 . On steam hoists with a capacity of 15 tons and over.........................$100
2 . On steam hoists w ith a capacity of less than 15 tons.........................
95
B. Working conditions.
1. Ten hours shall constitute a d a y ’s work.
2 . One day off each week shall be granted with pay, the day to be deter
mined b y the employer.
3. A ll car fares in excess of 10 cents per day shall be paid b y employers
to men living within the metropolitan district, and all car fares to
be ;paid by employers when men are on company business.
4. Overtime shall be paid for at tim e and one-half.
Nothing in this award shall be construed to decrease the pay or allowance or to
increase the hours of labor now in effect or that were in effect on or prior to January 1,
1918.
A ll wage rates, allowance, and working conditions provided in this award shall be
effective as of January 1, 1918, and will continue in force until September 30, 1918.
Wm. B . B a k e r , Capt., U . S. A .,
Chairman, U. S. Shipping Board.
E t h e l b e r t J S te w a r t,
Department of Labor.
M A R IN E W O R K E R S , PORT OF N E W
YORK.
125
AGREEM EN TS.
N a t io n a l W a r L a b o r B o a r d ,
Washington, May 14, 1918.
I t is agreed b y the representatives of the employers and employees, parties to the
agreement dated October 2 0 , 1917, that said agreement be modified to the extent that
two additional members be added to the Board of Arbitration, New York Harbor
Wage Adjustm ent, one to be appointed b y the representatives of employers and the
other to be appointed b y the representatives of the employees, and that a rehearing
of present controversies be had before such enlarged board, and both parties agree
to be bound b y the findings and decisions of such board in respect of all present and
future controversies during the period of the war.
A nd furthermore, that said board will endeavor to require all parties to carry out the
terms of previous agreements and awards until a change is decided upon b y such board.
Employers.
Employees.
E dw ard A . K e ll y ,
T. V . O ’C o n n o r ,
Representing Coastwise
S. S. Lines, R . R. Administration.
Joseph H . M o r a n ,
New York Towboat Exchange.
Ja m e s M . M a c K e n z i e ,
For International President I. L. A .
W illia m A . M a h e r ,
For United Association No. 1 ,
A . A . of M. M. and P .
T. L. D e l a h u n t y ,
New York Boat Owners.
W . B . P o llo c k ,
M. E . B. A . No. 33.
A . M. S a r r e ll,
Representing New York
Harbor Railroads.
C h a r l e s L . O ’C o n n o r ,
For International Union of Steam
and Operating Engineers.
S. J. C on don ,
Representing M. 6c J. Tracy.
W illiam S im m o n s ,
Lighter Captains.
F. P a u l A . V a c a r e lli,
Lighterage Association,
Port of New York.
Harbor Boatmen and
Vice President I. L . A .
Jo h n B r e n n a n ,
President T. W. B ,
R E S O L U T IO N S A N D C O N C L U S IO N S O F T H E N A T I O N A L W A R L A B O R
B O A R D IN R E M A R IN E W O R K E R S ’ A F F IL IA T IO N O F T H E P O R T OF
N E W Y O R K v. N E W Y O R K H A R B O R B O A T O W N E R S .
RESOLUTION OF DECEMBER 18, 1918.
Whereas in the matter of the New York Harbor situation the board is advised that
at a meeting held b y the board constituted as a Board of Arbitration to hear and adjust
grievances arising in the operation of shipping in New York Harbor, a majority of the
board decided that conditions warranted a change in the contract heretofore entered
into, at which tim e the employer representatives on said board declined to participate
upon the ground that the signing of the armistice terminated the war, and for this
reason the contract was no longer in force; and
Whereas an appeal has been made to this board b y the representatives of the em
ployees, and of the Board of Arbitration, New Y ork Harbor Wage Adjustm ent, and
the U nited States Shipping Board; and
Whereas the jurisdiction of this board has been officially invoked b y the Secretary of
Labor, the United States Shipping Board, and the Railroad Adm inistration; and
Whereas it has been officially ruled that the war is not ended until the treaties of
peace have been ratified and peace officially proclaimed b y the President:
Now therefore be it resolved, That the National W ar Labor Board give im m ediate con
sideration to this matter, and that the parties in interest all be summoned to appear
before this board on Saturday, December 2 1 , 1918, at 10 a. m ., at the city hall, in the
Borough of M anhattan, and show cause w hy they should not proceed under the agree
m ent entered into w ith the National W ar Labor Board on M ay 14, 1918, and the agree
ments subsequent thereto.
126
C H A P . V .-----A W A R D S OF N A T IO N A L W A R LABOR BOARD.
CONCLUSIONS OF DECEMBER 21, 1918.
W e conclude from the record of proceedings before us in an issue already heard b y
this National W ar Labor Board in M ay, 1918, and from the documents now produced
before us and the other evidence including statement of counsel—
First, that the parties hereto are still bound b y the terms of an arbitration agreement
under which they are obligated during the period of the war to subm it all differences
concerning wages or conditions of labor involved in the operation of marine equip
ment except the question of open or closed shops, or the recognition of the union, to a
board constituted as the agreement and its amendments legally acquiesced in b y all
parties provide;
Second, that said board can not be dissolved by its own recommendation herein
shown, or b y resignation of its members, and that the vacancies thus created should be
im m ediately filled b y the appointing powers as originally provided in the agreement
and its amendments;
Third, that the period of the war under this contract and existing conditions is not
now ended and the board should continue its functions for which it was created;
Fourth, that if either party desires a modification of the existing award made b y said
board July 1 2 , 1918, it should proceed in due order to apply for a revision of the award
before said board, as provided in the award itself;
Fifth, that these view s make it unnecessary for this National W ar Labor Board now
to take further action.
Wm. H. T a ft,
B a s il M . M a n l y ,
Joint Chairmen.
Award of the National War Labor Board in the Case of Marine Workers7
Affiliation of the Port of New York v. The Railroad Administration,
Shipping Board, Navy Department, War Department, and Red Star
Towing & Transportation Co.
The members of the National War *Labor Board not being in unanimous
agreement upon certain disputed points, V. Everit Macy, as umpire,
passed upon the disputed questions under the provisions of the Proclama
tion of the President.
10 an d. 1030.
F e b r u a r y 2 5 , 1919.
The questions subm itted to m e, acting as arbiter for the W ar Labor Board in the
case of the “ Marine W orkers’ Affiliation of N ew York Harbor, v. T h e Railroad A d m in
istration, Shipping Board, U n ited States N a v y , W ar Department, and R ed Star
Towing & Transportation C o .,” m ay be divided as follows:
A . W as the W ar Labor Board, in hearing this case, acting in place of the former
N ew York Harbor Board, and therefore lim ited as to what matters it could consider
b y an award of the New York Harbor Board, dated July 12, 1918?
B . R equest for the 8 -hour day.
C. Increase of wages, and changes in classifications.
D . Changes in conditions of em ploym ent.
E . T h e question as to whether the findings should be retroactive in application?
A . LIMITATION OF QUESTIONS TO BE AR BITR ATED .
In the President’s telegram of January 1 1 , 1919, requesting the board to “ Take up
the case” and to “ Proceed to a fin din g” no lim itation as to what the board was to
consider was m ade. (E x h ib it A .) T he various departments of the Governm ent, in
a letter dated January 1 1 , 1919, asked the W ar Labor Board to act and stated “ W e
desire to assure you that we w ill gladly subm it any interests w hich we m ay have in
this controversy to your board and will abide by such decision as you m a k e .”
(E x h ib it B .) T h e Marine Workers’ Affiliation fixed no limitations to the questions to
be placed before the W ar Labor Board.
I t is obvious, therefore, that none of the interested parties considered that the
W ar Labor Board was acting as a substitute for the N ew Y ork Harbor Board, and
they apparently had no intention of lim iting its jurisdiction. On the other hand,
the W ar Labor Board was specifically authorized to consider “ any interests in the
controversy.”
M A R IN E W O R K E R S , PORT OF N E W
YORK.
127
In the last paragraph of the award of the N ew Y ork Harbor Board, dated July 1 2 ,
1918, the following paragraph occurs:
T his award shall b e effective as of June 1 , 1918, and shall b e in full force until
May 31. 1919, unless in the judgm ent of the board conditions warrant a change
prior to the date thus fixed for expiration.
Some of the m embers of the W ar Labor Board contend that nothing has happened
since June 1 , 1918, to “ warrant a change ” in the award of July 1 2 , 1918. W ith this
opinion I can not agree. T he effect of the armistice on the industrial and commercial
life of the country is too obvious to require further demonstration. A t the tim e the
award was made the Nation was at the height of a period of rising prices, necessitating
increased wage scales, and a serious shortage of labor existed which required for the
national safety the working of long hours. Since the signing of the armistice the
entire situation has been reversed. Pending necessary readjustment of our national
life to a peace basis we are passing through a period of falling prices, oversupply of
labor, and there is no longer a need for excessive hours if an industry can b e readjusted
to a shorter workday.
In addition the employers of the port of New Y ork, w ith one exception, who were
parties to the award of July 1 2 , 1918, and who control 60 per cent of the harbor craft,
refuse to allow the functioning of the board as provided in the award. H a d the
N ew York Harbor Board functioned as provided in the award and had they decided
that nothing had occurred warranting a change, then all parties would naturally be
bound to have accepted such a decision. A s the N ew York Harbor Board failed to
act as provided in the award, and as the W ar Labor Board was not asked b y the two
parties subm itting the case to interpret the award of July 1 2 , 1918, but to consider
the entire situation,
I therefore find that the question of wages and hours of the members of the Marine
W orkers’ Affiliation of the port of N ew York who are em ployed b y the Railroad A d m in
istration, the N a vy , the A rm y, the Shipping Board, and the R ed Star Tow ing &
Transportation Co. are properly before m e, acting as arbiter for the W ar Labor Board,
and that acting in that capacity I am not lim ited b y the award of July 1 2 , 1918.
B . REQ UEST FOR AN 8-H OUR D A Y .
T h e desirability of lim iting the working day to eight hours has been recognized
b y congressional enactment for all Government departments and on all direct G ov
ernment contracts, b y most State legislatures and m unicipalities, b y the Railroad
Administration, and is the prevailing custom in m any of our largest industries. Such
a general*acceptance of the principle of an 8 -hour workday has not been obtained
merely through sentim ent. T he Nation has come to realize that its security demands
that its citizens have a reasonable opportunity for fam ily life, a reasonable am ount of
leisure, and a proper standard of m aintenance. In view of this recognition the Nation
has the right to demand of its able-bodied citizens eight hours service for six days
in the week in some useful effort. Good citizenship requires that this service be
rendered either voluntarily or for pay, according to the financial needs of the in d i
vidual. The right to an 8 -hour day carries with it the obligation upon the part
of the individual to render better service during the fewer hours, for no right can be
obtained without its corresponding obligation.
Some industries in their operation have inherent disadvantages, such as unusual
danger to life and lim b. In such industries it is recognized that the workers should
be compensated for this-risk, and therefore a higher rate of wage is paid than obtains
in less hazardous occupations requiring the same degree of skill. In such cases the
danger is regarded as part of the expense of conducting the industry and is passed on
to the consumer in the price of the service rendered or the article produced. In
some businesses the fire hazard is greater and the rate of insurance is high; this is also
an expense of production and is consequently paid indirectly by the consumer.
E xcessive hours are as dangerous to good citizenship as are noxious fumes to the
health of workers. There m ay be certain occupations in which the straight 8 -hour
day is inherently im possible, if so the basic 8 -hour day should be the standard and
the pay for overtim e regarded as a legitimate expense and a just charge to be borne
b y the public. I t would seem, therefore, that the burden of proof that an 8 -hour
day is im possible in an industry lies on those who deny its practicability as w ell as
upon those who request its installation. T he workers in a dangerous occupation or
in one requiring undue hours should not be com pelled to carry the burden alone.
T h e New York Harbor Board has divided the harbor craft into the following classes:
Ferryboats;
Tugs, other towing vessels, and ste&m lighters;
Lighters, covered barges, and hoisters;
Coal and grain boats, scows, and dumps.
For the purpose of this award the same classification is followed.
128
C H A P . V .-----AW A R D S OF N A T IO N A L W A R LABOR BOARD.
Ferryboats.
T h e ferry service is a continuous sendee throughout the 24 hours, w ith no very
serious variation in the num ber of boats in use for the 16 hours between 5 a. m . and
9 p . m . The boats always leave and return to the same point on fixed schedules.
A n 8 -hour workday is consequently practical in this service.
I therefore find that all workers em ployed on ferryboats, operated b y the owners
appearing in this esse, shall be em ployed for eight hours a day only for six days in the
w eek, and in unusual circumstances when required to work beyond eight hours they
shall receive tim e and one-half for all extra tim e worked.
Tugboats, other towing vessels, and steam lighters.
T he evidence presented showed that m any of these boats were engaged on long
hauls requiring more than 8 hours for the round trip, or were in continuous service
during the 24 hours; that they already em ployed two crews; and that as a rule they
were operated on a more or less regular schedule. I t is reasonably practical, therefore,
for the crews on these boats to be em ployed on a 48-hour week. T he third crew
remaining on shore when off du ty.
I therefore find that all tugboats and other towing vessels, and steam lighters under
the jurisdiction of this award now using two crews, shall em ploy these crews on the
basis of a 48-hour week, no crew to work more than a double shift in any 24 hours, and
that for all hours worked in excess of 48 hours in one week the crews shall be paid
at the rate of tim e and one-half. I f the boat is engaged in continuous service an
additional crew shall be em ployed to form a third shift.
Single-crew boats.
T he several thousand pages of testim ony and the m any exhibits presented at the
hearings before the W ar Labor Board and before me as arbiter give little exact informa
tion as to the effect a change in the hours of em ploym ent would have on the commerce
of New York Harbor or on the earning capacity of the crews on the harbor crafts.
T he evidence subm itted is largely composed of what seem to be exceptional cases.
I t is almost w holly based on the abnormal conditions that have prevailed in the port
of New Y ork since the beginning of the war in 1914. Both sides have contented
themselves with general statements. One side claimed that 75 per cent of the men
could be placed on an 8 -hour day without difficulty and that there would be no
shortage of skilled workers, but gave no suggestions as to how this could 1oe accom
plished, other than in the case of ferryboats and boats employing two crews, nor
the number of skilled workers available. The other side made a general denial of
these statements and produced certain figures showing that a shortening of the hours
would result in increased costs. No facts were presented to show the percentage of
the various kinds of work done b y the tugs and lighters in the harbor. Nothing
showed the average length of haul for the various types of boats, except for that type
of boat for which an 8 -hour day or a 48-hour week has been awarded above. There
was no evidence showing the present amount of overtime beyond 10 or 12 hours
now required of the crews. There was no evidence to show that, owing to the char
acter of the work performed, some boats could work on an 8 -hour schedule and others
on a 16-hour schedule. There was evidence that there was too much work for all
craft in the port to be lim ited to an 8 -hour day, but is there sufficient work for a 16hour day? If not, can it be placed on a 1 0 -hour basis? A wage scale with punitive
overtime provisions can not be determined with justice to the workers or the public
w ithout a real knowledge of the condition of the industry, and the number of hours
required to do the necessary tasks. There is nothing gained b y lim iting the work
ing day without a punitive provision for overtime. On the other hand, in fixing
the basic working day and wage scale, it is necesasry to know approxim ately whether
overtim e w ill be the exception or the rule. If it is known beforehand that overtime
-will of necessity be the normal condition, then the p unitive provision for overtime
is merely another method of securing a higher wage scale in compensation for ex
cessive hours and loses its punitive purpose. Such a condition requires special
regulations for overtime work.
A careful study is required of the conditions under which these boats having on ly
one crew perform their work, especially where th ey have no regular schedules. This
can be obtained b y an investigation of the bo at’s log. Another matter to be deter
mined is how the delays caused b y w ind, tide and fog can be m inim ized in their effect
upon overtim e work if the hours should be reduced.
I t was stated that these boats doing a miscellaneous business without definite
runs were never far from shore and could easily run in and change crews. Under
M A R IN E W O R K E R S , PORT OF N E W
YORK.
129
most favorable conditions it would probably require an hour’s tim e to run in, change
crews, and return to work. This would mean half an hour’s productive tim e lost on
each crew; in case of delay b y w ind, fog, or other causes, not only would punitive
overtime of tim e and one-half be paid the crew on board the boat, but the waiting
crew would also have to be paid for th e same period. This would actually result
in a cost of two and one-half tim es for all overtime. Another com plication is that
it would be very difficult for the waiting crews to know where to join their boats. A
boat might expect to be near a given point at a certain hour but be seriously delayed
by weather conditions or traffic; and it can not communicate with the shore to change
the place of meeting. In addition, what would become of a tow while the tug was
changing crews? W ould it anchor or could it be towed to shore? In either case it
would seriously congest the traffic.
M uch stress was laid on the fact that the boat owners were paid regardless of condi
tions. This seemed to be true, but the crews were also at the same tim e receiving
their wages regardless of conditions. I t seemed to be forgotten however, that all
payments to the boat owners, as well as to the crews, come out cf the general public
purse. Boat owners have no source of m oney to draw upon except as it is paid by
the public.
Each industry has its advantages and disadvantages and no one method of opera
tion, no matter how desirable, can be made to ap p ly to all industries alike. The
public has a right to know that th ey are not being asked to pay unreasonable prices,
or being put to unreasonable inconvenience, beyond that required b y justice, in
order to force all industry, under a single rule of em ploym ent. Justice to all parties,
including the public, so far as it is possible of accomplishment, should be the only
universal rule.
Because 12 hours has been the custom is no reason w hy, with careful investigation
of the facts, that a lesser number of hours might not be discovered to be advantageous
and desirable. A n y industry that requires a working d ay of 10 and 12 hours must
show affirmatively the necessity for the continuance of such hours.
The commerce of the port of New Y ork is too important to the city and nation to
warrant any arbiter in hastily reducing the working day from 10 or 12 to 8 hours without
having before him the full facts as to the probable result of such a change. A s above
stated, the necessary information is, at present, entirely lacking. I find, therefore,
that the working hours for the tugs, towing vessels, steam lighters, covered barges,
and hoisters, under the jurisdiction of this award and at present operating with on ly
one crew, should remain unchanged until the 1st of July. In the meantime I would
recommend that all interested parties in the harbor cooperate with each other in
establishing a commission, not exceeding 10 in number, to carefully study the above
problems, and, if possible, for them to recommend what changes in the workday are
advisable, how such changes can be made and the probable effect on the port of
New York.
This w ill require the detailed stud y of the daily logs of hundreds of boats.
This commission should be composed approximately^ as follows— two representa
tives of the Government departments, including the Railroad Adm inistration; three
private employers and five representatives of the Affiliated Marine Workers. If
they fail to agree, on or before Ju ne 1, as to the facts or upon recommendations, then
each side shall report their findings to the W ar Labor Board for a final decision. Such
an investigation can best be made b y the voluntary cooperation of the parties con
cerned. If such cooperation is not obtainable the welfare of the city and nation
can not be sacrificed b y stoppage of work in the harbors and an independent commis
sion must therefore undertake this task. I find that if such a commission is not
voluntarily organized, as suggested above, and an investigation begun b y the 1 st of
A pril, then the War Labor Board shall itself name a commission to make the investi
gation and report, and such commission shall report back to the W ar Labor Board
b y June 1, 1919, in order that the W ar Labor Board m ay then take final action, before
July 1 , 1919.
R E Q U E S T F O R IN C R E A S E D
W AGES.
Just as the armistice has resulted in a condition favorable to the reduction of the
working day to eight hours, it has also created a condition unfavorable to an increase
in wage. T he representatives of the men. explained that they did not present to the
New York Harbor Board, in June, 1918, a request for an 8 -hour day for patriotic reasons,
because th e y realized that the war necessitated their working regularly long hours.
There is nothing in the record, however, that shows that at the tim e they presented
their demands for increased wages in June, they did not ask for the full wage desired.
I f there is any change in the cost of living between July 12, 1918, and the present
tim e, it is probably in favor of the men, although there is no authentic data on which
42663°— 21-------9
130
C H A P . V .----A W A R D S OF N A T IO N A L W A R L A B O R BOARD.
to base an accurate opinion. Owing to the different season of the year certain commod
ities m ay be higher and others lower than on July 12 , 1918, but as the seasons change
these variation adjust themselves.
I t is a fair assumption that the unanimous opinion of the harbor board, as expressed
in its award of July 1 2 , 1918, and the unanimous opinion of the Railroad Adm inistra
tion Board, fixing the wages of certain harbor workers, effective September 1 , 1918,
represented a proper wage scale considering all conditions at that tim e. Representa
tives of th e men were parties to both of these unanimous decisions. It is certainly,
therefore, necessary for those asking an increase now to show con vincing, proof that
the desired increase is justified. In order for industry to revive on a peace basis it
must be stabilized. This can not be accomplished during the next few 'm onths if
wages are to be radically changed, either up or down. Constant readjustment only
delays the return of normal conditions.
I t must also be remembered that if the employees receive the same wage for 8
hours’ work as they did for 12 hours, that while they received no increased income the
labor cost to the industry is increased 50 per cent. The only offset to this higher
labor cost is greater production per hour than previously prevailed. T he records
do not show how the efficiency of the harbor crafts can be Increased b y shortening
the work day. A n increase of 35 per cent in the labor charge, due to reduced hours
o f work in operating the harbor crafts, would in itself be a heavy burden to carry and
precludes granting an increased wage at the same time.
T h e annual incom e of the marine workers is not out of proportion with the annual
incom e of the workers in other occupations requiring equ al skill and intelligence.
A fact to be considered in comparing the wages of the marine workers with other
trades is that these men are usually employed on a m onthly basis, the year round,
and consequently there is little or no lost tim e. In addition, m any of them receive
an allowance of 75 cents per day for board and lodging, while others receive free rent.
There is little, or no evidence in the records as to the wages now being paid in
other ports for similar services. W e can not assume that the cost of m oving freight
in the port of New Y ork has no relation to the cost in other ports and an unwarranted
cost might easily result in diverting freight, thus reacting unfavorably on the marine
workers of N ew Y ork. This subject should also be studied b y the above suggested
commission.
N o convincing proof was presented for changing the classifications of the occupations
as shown in th e award of the New York Harbor Board of July 12 , 1918. L ittle e vi
dence was presented b y the m en to justify the reclassification, as shown in their
requests. I t is fair to assume the unanimous award of July 1 2 , all parties familiar
with the details of the tasks having a voice in that award, represents a better classifi
cation and a fairer differentiation between occupations than an arbiter unfamiliar
with the details could possibly work out from the unrelated requests as presented by
the various crafts.
I therefore find that no wage increase should be granted and that the wage scales
in th e award of the N ew Y ork Harbor Board dated July 1 2 , 1918, and those in the
award of the Railroad Adm inistration Board dated Septem ber 1 , 1918, shall remain
in effect during the life of this award. T h a t those em ployees whose working day is
herein reduced from 12 hours to 8 hours shall receive the same m onthly wage for the
8 hours as they formerly d id for 12 hours. Also that the em ployees whose week has
been reduced to 48 hours shall receive the same m onthly salary as previously. No
findings are herein m ade for occupations not mentioned in the N ew Y ork Harbor
Board award of July 1 2 , 1918, or for occupations not contained in the order of the
Railroad Adm inistration Board of Septem ber 1 , 1918, as practically no evidence was
subm itted relative to these additional classifications.
WORKING- CONDITIONS.
Tugboats and other towing vessels and steam lighters.
( A) T w elve hours shall constitute a d a y ’s work where one crew is now em ployed.
(B) S ix days, or 48 hours, for boats having more than one crew shall constitute a
w eek’s work. T h e day off to b e determined b y the em ployer.
( C) W ork on w eek days in excess of 12 hours a day, or 6 days a w eek, for boats w ith
one crew, or 48 hours a w eek for boats w ith more than one crew, shall be considered
overtim e and paid for at the rate of one and one-half tim es the regular rate.
(D) D ouble tim e shall b e paid for work on the following holidays: N ew Y e a r’s
D ay, Fourth of July, Labor D ay, Thanksgiving D a y, and Christmas D ay.
( E) D ouble tim e shall be paid for work on Sundays unless the em ployee has already
had one d a y ’s rest in seven or w ill have one such day in the current swing of his shift.
M A R IN E
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131
(F) Crews are entitled to pay on Sundays and holidays for only the actual number
of hours that they are on duty.
(G) In order to determ ine the hourly rate for m en on a m onthly wage, m ultip ly
the num ber of hours in a working day by 313 and divide this product into the m onthly
wage m u ltiplied b y 1 2 .
(H ) In the case of those m en who, owing to the shorter workday, need no longer
b e boarded b y th e com pany, or who m ay be boarded only part of the week, as m ay
occur in the case of those working on a 48-hour week, 75 cents a day shall be added
for each day they are not so boarded, or 25 cents for each m eal not provided b y the
company in cases where shifts are changed between meals. T h is provision does not
apply to th e crews of ferryboats, tugs, and steam lighters now receiving the hourly
rates contained in the order of th e Railroad Adm inistration Board effective Septem
ber l r 1919, as hourly rate received b y these m en provides for them to board them
selves. T his provision applies only for six days a week unless the em ployee works
an extra seventh day.
(I) One w eek’ s vacation with pay shall be allowed each em ployee who has been
in the service of the company for a period of one year or more.
(J ) Carfare is to be paid b y the em ployer when boats change crews at other than
designated points.
Ferryboats.
(A) E ight hours shall constitute a d a y ’ s work.
(B ) S ix days shall constitute a w eek’s work.
(C ) A ll overtim e on week d ays shall be paid for at th e rate of tim e and one-half,
(D ) Double tim e shall be paid for work on the following holidays: New Y e a r’s D ay,
Fourth of July, Labor D a y , Thanksgiving D ay, and Christmas D a y ,
(E) D ou ble tim e shall b e p aid for work on Sundays unless the em ployee has already
had one d ay’s rest in seven or w ill h ave one such day] in the current swing of his shift.
(F ) Crews are entitled to pay on Sundays and holidays for only the actual number
of hours that they are on d u ty.
(G) l a order to determ ine the hourly rate of pay for m en on a m onthly wage, m u l
tip ly 313 b y 8 and d iv id e the product into the m onthly wage m ultiplied b y 12.
(II) O ne w eek’ s vacation w ith pay shall be all©wed each em ployee who has been
in the service of the com pany for a period of one year or more.
Lighters, covered barges, and hoisters.
(A) Ten hours shall constitute a d ay’s work.
(B) Six days shall constitute a w eek’s work.
( C) A ll overtim e on week days shall be paid for at the rate of tim e and one-half.
(D ) D ouble tim e shall be paid for work on the following holidays: New Y e a r’s D a y ,
Fourth of July, Labor D a y, Thanksgiving D ay, and Christmas D ay.
(E) D ouble tim e shall be paid for work on Sundays unless the em ployee has already
had one d ay’s rest in seven or w ill have one such da^ in the current swing of his shift.
(F ) Crews are entitled to pay on Sundays and holidays for only the actual num ber
erf hours that they are on d uty.
(G) In order to determine the hourly rate of pay for m en on a m onthly wage, m u l
tip ly 313 b y 10 and divide the product into the m onthly wage m ultip lied b y 12.
(H ) O n e w eek’s vacation w ith pay shall be allowed each em ployee who has been
in the service of th e com pany for a period of one year or more.
(I) A ll car fares in excess of 10 cents to be paid b y the em ployer to men living
within the Metropolitan district, and all car fares to be paid b y the employer when
th e m en are on the com pany’s business.
(J ) T h e captain shall receive $1.50 for each night he is required to be on his boat
for the purpose of watching or towing.
Scows, dumpers, coal boats r and grain boats.
The captain of these boats shall receive $1.50 for each night that he is required to
be active for at least one hour after 6 p. m . in the loading or discharging of cargo.
R E T R O A C T IV E
R E .Q U E S T .
Throughout the hearings before the W ar Labor Board and also at the hearings before
the arbiter the representatives of the Marine W orkers’ Affiliation emphasized the fact
that the request for shorter hours was not to be taken as an indirect method of raising
132
C H A P . V .-----A W AR DS OF N A T IO N A L W A R LABOR BOARD.
wages. I t is impossible to return the hours that have already passed b y any award,
and as no increases in the wage scales are granted there is nothing to be gained b y
making a retroactive date for the findings here made. I t w ill require a few days to
secure the additional m en necessary to man the ferries and other boats for the crews
of which an 8 -hour day is provided. In order not to inconvenience the public, the
findings contained in this award shall not becom e effective until March 1 , 1919, and
shall remain in force until peace is declared, or otherwise until July 1, 1919. Dur
ing the m onth of June the commission or the W ar Labor Board can prepare a care
fully adjusted scale of wages and a comprehensive regulation of hours and conditions
of em ploym ent for all marine workers in the port of New York.
I recommend that the W ar Labor Board w ill follow its usual methods for settling
any disputes that m ay arise in putting this award in operation.
V . E v e r i t M a c y , Umpire.
Findings in re Employees v. Sloss-Sh.efl3.eld Steel & Iron Co., Birming
ham, Ala.
(Effective also in the cases of Employees v. Suwanee Iron Company and Employees v. Sheffield Iron Cor
poration.)
12.
J u l y 3 1 , 1918.
1. Deductions from wages.-— The complaint of the employees is that the company
charges against them $1 per month for a physician, 50 cents per month for the m ain
tenance of a school, and $1.25 per month for insurance. In respect to the first two
charges, the arbitrators find that under the conditions prevailing in the neighborhood
this is practically the only way of securing medical service and proper educational
facilities. T he obligation upon the company to select a physician with care and to
see to the proper administration of the school fund thus created is obvious and should
be strictly fulfilled. The arbitrators do not find the charge for a physician unreason
able, if proper medical service is rendered. T h e total sum collected from all employees
should secure a competent physician and surgeon and proper medical equipm ent.
Indeed, the establishment o f a small hospital, it seems to the arbitrators, would not
be unreasonable. W ith respect to the imposition of a charge for insurance, as the
president of the company advised us that the matter had been made optional, there
is no occasion for action b y the arbitrators.
2. Permit system.— W ith reference to the permit system, we deem i t proper that the
company should require the workman to obtain a perm it to change em ploym ent
from one m ine to another m ine of the same com pany; bu t we condemn any agreement,
and any practice under i t equivalent to blacklisting, if it exists, b y which one com
pany requires a perm it from another before a man leaving the em ploym ent of one
company shall be accepted b y the other.
3. Discounting orders for money to employees.— 'T he arbitrators direct the discontin
uance of the practice, admitted b y the company to exist, under which 20 per cent
discount has been exacted from advances to employees. I t is hoped that the increase
in wages herein allowed w ill prevent the necessity of frequent applications for these
advances, but, if made, no discount should be charged,.
4. Intimidation and coercion.-— Relative to the charges of intimidation and coercion
made b y each side, the arbitrators find that the evidence is not sufficient to establish
findings. The fundamental principles upon which the National W ar Labor Board
is founded, however, are conclusive as to these points and adm it of no misinterpre
tation. T hey are:
The right of workers to organize in trade-unions and to bargain collectively
through chosen representatives is recognized and affirmed. T his right shall not
be denied, abridged, or interfered w ith by the employers in any manner whatsoever.
The right of employers to organize in associations or groups and to bargain col
lectively through chosen representatives is recognized and affirmed. This right
shall not be denied, abridged, or interfered with b y the workers in any manner
whatsoever.
Employers should not discharge workers for membership in trade-unions, nor
for legitimate trad e-union activities.
The workers, in the exercise of their right to organize, should not use coercive
measures of any kind to induce persons to ’ oin their organizations nor to induce
employers to bargain or deal therewith.
S L O S S-SH E F F IE L D ST E E L & IR O N C O ., B IR M IN G H A M .
133
5.
Rates of pay.^—The m inim um wage for common labor is fixed at 38 cents per hour
with the following detail as to occupation and rates of pay:
Common labor,*—'T hirty-eight cents per hour for the first 8 hours, with 47J cents
per hour for each additional hour worked, making a total of $3.99 for 10 hours’
work.
*
Trammers and dumpers.-— Forty cents per hour for the first 8 hours, with 50 cents
per hour for each additional hour worked, making a total of $4.20 for 10 hours’
work.
Trackmen (foremen).— Forty-two cents per hour for the first 8 hours, with 52J
cents per hour for each additional hour worked, making a total of $4.41 for 10
hours’ work.
Trackmen (helpers).^—Forty cents per hour for the first 8 hours, with 50 cents
per hour for each additional hour worked, making a total of $4.20 for 10‘ hours’
work.
Trackmen (labor).-—Forty cents per hour for the first 8 hours, with 50 cents per
hour for each additional hour worked, making a total of $4.20 for 10 hours’ work.
Car repair men.^-Forty-four cents per hour for the first 8 hours, with 55 cents
per hour for each additional hour worked, making a total of $4.62 for 10 hours’
work.
Washer foremen.'— Forty-four cents per hour for the first 8 hours, with 55 cents
per hour for each additional hour worked, making a total of $4.62 for 10 hours’ work.
Washer labor.-—Forty cents per hour for the first 8 hours, with 50 cents per hour
for each additional hour worked, making a total of $4.20 for 10 hours’ work.
Steam shovel engineers.— F ifty cents per hour for the first 8 hours, with 62J cents
per hour for each additional hour worked, making a total of $5.25 for 10 hours’
work.
Steam shovel cranemen.r—Forty cents per hour for the first 8 hours, with 50 cents
per hour hour for each additional hour worked, making a total of $4.20 for 10 hours’
work.
Steam shovel pitm en.^Forty cents per hour for the first 8 hours, with 50 cents
per hour for each additional hour worked, making a total of $4.20 for 10 hours’
work.
Steam shovel firemen.— Forty cents per hour for the first 8 hours, with 50 cents
per hour for each additional hour worked, making a total of $4.20 for 10 hours’
work.
Dinkey engineers.— Forty cents per hour for the first 8 hours, with 50 cents per
hour for each additional hour worked, making a total of $4.20 for 10 hours’ work.
Dinkey firemen.^-Forty-four cents per hour for the first 8 hours, with 55 cents
per hour for each additional hour worked, making a total of $4.62 for 10 hours’
work.
Carpenters.— Forty-eight cents per hour for the first 8 hours, with 60 cents per
hour for each additional hour worked, making a total of $5.04 for 10 hours’ work.
Carpenter foremen.— F ifty five cents per hour for the first 8 hours, with 6 8 f jcente
per hour for each additional hour worked, making a total of $5.77J for 10 hours’
work.
Slush pond labor — Forty cents per hour for the first 8 hours, with 50 cents per
hour for each additional hour worked, making a total of $4.20 for 10 hours’ work.
Stationary boiler firemen.— Forty-four cents per hour for the first 8 hours, with
55 cents per hour for each additional hour worked, making a total of $4.62 for 10
hours’ work.
Pumper, central station.-— Forty-five cents per hour for the first 8 hours, with
56J cents per hour for each additional hour worked, making a total of $4.72J for
10 hours’ work.
R. R. car tenders.— Forty cents per hour for the first 8 hours, with 50 cents per
hour for each additional hour worked, making a total of $4.20 for 10 hours’ work.
Common labor (outside).-—Thirty-eight cents per hour for the first 8 hours, with
47J cents per hour for each additional hour worked, making a total of $ 3 .9 9 for
10 hours’ work.
Commom labor (foremen).— Forty-two cents per hour for the first 8 hours, with
52J cents per hour for each additional hour worked, making a total of $4.41 for
10 hours’ work.
Machinists' helpers.— Forty-two cents per hour for the first 8 hours, with 52J
cents per hour for each additional hour worked, making a total of $4.41 for 10
hours’ work.
Latheman (machine shop).— S ixty cents per hour for the first 8 hours, with 75
cents per hour for each additional hour worked, making a total of $6.30 for 10
hours’ work.
134
C H A P . y . -----A W A R D S OF N A T IO N A L W A R LABOR BOARD.
Machine shop helpers.— Forty cents per hour for the first 8 hours, with 50 cents
per hour for each additional hour worked, making a total of $4.20 for 10 hours’
work.
Machinists at washers.— F ifty cents per hour for the first 8 hours, with 62| cents
per hour for each additional hour worked, making a total of $5.25 for 10 hours’
work.
Blacksmiths at machine shop.-— F ifty-five cents per hour for the first 8 hours, with
6 8 f cents per hour for each additional hour worked, making a total of $5.77J for
10 hours’ work.
Blacksmiths’ washers— Forty-five cents per hour for the first 8 hours, with 56J
cents per hour for each additional hour worked, making a total of $4.72J for 10
hours’ work.
Blacksmiths' helpers.— Thirty-eight cents per hour for the first 8 hours, w ith 47J
cents per hour for each additional hour worked, making a total of $3.99 for 10
hours’ work.
Switchmen.— T hirty-eight cents per hour for the first 8 hours, with 47J cents
per hour for each additional hour worked, making a total of $3.99 for 10 hours’
work.
Signalmen.— Forty cents per hour for the first 8 hours, w ith 50 cents per hour
for each additional hour worked, m aking a total of $4.20 for 10 hours’ work.
Night watchmen,— Forty cents per hour for the first eight hours, with 50 cents
per hour for each additional hour worked, m aking a total of $4.20 for 10 hours’
work.
Teamsters.— Forty cents per hour for the first 8 hours, w ith 50 cents per hour
for each additional hour worked, making a total of $4.20 for 10 days’ work.
Tallymen.— N in ety dollars to ninety-five dollars per month.
Stablemen.— E igh ty-five dollars per month.
6 . Overtime,— O vertim e in excess of 10 hours shall b e paid for at the rate of tim e and
a half, w ith double tim e for Sundays and holidays.
7. Retroactive feature.— In accordance w ith the term s of the agreement b y w hich
this case was referred to the joint chairmen of the National W ar Labor Board as arbi
trators, all increases in wages above m entioned shall be effective as of A pril 1 7 ,1 9 1 8 .
T h e com pany is granted un til Septem ber 1 , 1918, to make the back wage paym ents
provided for under this retroactive clause.
8 . Period o f award.— T he rates herein fixed, except as changed b y minor readjust
m ents, shall rem ain in force during the war; provided, however, that on the 1 st day
ol February, 1919, and at the end of each six m onths’ period thereafter, should con
ditions m aterially change, m aking a readjustm ent b y this board equitable, applica
tion m ay b e m ade to the board b y either party.
9. Supervision of award.— T h e secretary of the National W ar Labor Board shall
assign an exam iner to supervise the execution of this award. Should a controversy
arise in respect to the interpretation of the award, an appeal m ay be m ade to the arbi
trators of the board rendering this award, pending w hich appeal the decision of the
exam iner shall b e enforced.
Wm. H. T a ft,
F r a n k P. W a l s h ,
Arbitrators.
R E S O L U T IO N IN R E E M P L O Y E E S v . S L O S S -S H E F F IE L D S T E E L & IR O N
C O ., B I R M I N G H A M , A L A .
February 18, 1919.]
In the matter of case No. 12, that of the E m ployees v. Sloss-Sheffield Steel & Iron
Co., of Birm ingham , A la ., wherein award was m ade b y Chairmen W illia m H , Taft
and Frank P . W alsh as arbitrators, July 3 1 ,1 9 1 8 , the findings of the award being m ade
effective b y stipulation against the Suwanee Iron and Sheffield Iron corporations,
an application for rehearing an d reopening for this award was filed on Septem ber 1 0 ,
1918, wherein it is asked that this award be denied and set aside and that rehearing
be granted before the full board on the ground that the classification of wages is
erroneous and makes an abnormal reduction in the num ber of common laborers, was
heard b y the recess com m ittee of the board on February 6 ,1 9 1 9 , both parties appearing
and testim ony being heard.
A s it appeared from the testim ony, the award had been fully complied w ith b y the
com pany up to date, both as to retroactive paym ent and as to the paym ent of current
wages on th e basis as to classification stated in the award, and the company disclaim ed
W O R T H IN G T O N
P U M P A N D M A C H IN E R Y
CORP.
135
any desire to disturb these paym ents which had been made, and it further appears
that it is provided b y section 8 of the award as follows:
T he rates herein fixed, except as changed b y minor readjustments, shall remain
in force during the war; provided, however, that on the 1 st day of February, 1919,
and at th e end of each six m onths’ period thereafter, should conditions materi
ally change, making a readjustment b y this board equitable, application m ay be
made to the board b y either party.
I t is therefore recommended that d ie motion for rehearing and review b y the full
board in this case be denied, w ithout prejudice, however, to the right of either party,
should an application be m ade under section 8 of the award, to question the justict
and fairness of the original classification whether as originally m ade or on account
of changed conditions.
W illiam H a r m a n B l a c k ,
F r e d e r ic k N J tjdson ,
Vice Chairmen.
Findings in re Machinists v. Worthington Pump & Machinery Corporation,
Blake & Knowles Works, East Cambridge, Mass., and Snow-Holly Works,
Buffalo, N. Y .
14.
J u l y 11, 1 0 18.
BLAKE
& K N O W LE S W O R K S, EAST C A M B R ID G E , M ASS.
Following is the award in th e case of the Blake & Know les Works of the W orth
ington P u m p & M achinery Corporation at East Cambridge:
Wages and classification.— T h e board decides that the following rates shall apply
in the Blake & Know les plant:
Toolmakers, 72 cents per hour.
M achinists, first class, 72 cents per hour.
M achinists, second class, 62 cents per hour.
Specialists and handy m en, 52 cents per hour.
Helpers, 46 cents per hour.
Regarding the classification of machinists, the board decides that it w ill be unwise
for it to fix an arbitrary figure as to the number of m achinists to be specified in the
first class. T h e board therefore recommends that individual cases— where disputes
arise concerning classification of the employee— be decided b y the contending parties
on th e merits of each particular case. T h e board feels sure that no difficulty w ill be
experienced b y the contending parties in handling this question.
In addition the board adopted th e following resolution applicable to the Blake &
Know les plant at E ast Cambridge:
Whereas a governmental necessity exists in the plant of the W orthington Pum p
C o ., at East Cambridge, M ass., w hich threatens to retard Government work and which,
upon direct information from th e Secretary of the N a vy , it appears that even a short
delay w ill im peril production of U -boat destroyers, thus im m ediately threatening
the life and lim b of the Am erican Expeditionary Forces on the high seas and abroad,
as well as endangering allied shipping and our coast cities:
Therefore, be it resolved, T hat the report of the section as to wages in the East Cam
bridge plant be approved and accepted b y the board.
Hours.— A s to th e basic 8 -hour day, be it further resolved, on account of the consid
erations aforesaid, that the basic 8 -hour day be installed at once in said plant.
T h e board hereby announces that it has under consideration the matter of the
determination of the proper working d ay and that the decision here m ade m ay b e sub
ject to modification when and as the board comes to a determination in that regard.
Supervision o f award.— T h at for th e purpose of carrying out the award th e board
retains jurisdiction over th e W orthington P um p Co. case, and tbat an exam iner
directed b y the secretary be detailed to see that the award is p ut in force and made
effective im m ediately.
F r e d e r ic k N. J u d so n ,
F r a n k P. W a l s h ,
Joint Chairmen.
SN O W -H O LLY W O R K S, BUFFALO, N . Y .
T h e board adopted the following resolution applicable to the S now -H olly W orks at
Buffalo, N . Y.:
Whereas a governmental necessity exists in the plant of the Worthington Pum p Co.,
at Buffalo, N. Y ., w hich threatens to retard G overnm ent work and w hich, upon direct
136
C H A P . V .-----AW AR DS OF N A T IO N A L
W A R LABOR BOARD.
information from the Secretary of the N a vy , it appears that even a short delay will
im peril production of U -boat destroyers, thus im m ediately threatening the life and
lim b of the Am erican Expeditionary Forces on the high seas and abroad, as well as
endangering allied shipping and our coast cities :
Therefore, be it resolved, T h at, on account of the considerations aforesaid, the basic
8 -hour day b e installed at once in said plant.
T h e board hereby announces that it has under consideration the matter of the
determination of the proper working day and that the decision here made m ay be
subject to modification when and as the board comes to a determ ination in that regard.
T hat for the purpose of carrying out the award the board retains jurisdicion over the
W orthington Pum p Co. case; and that an exam iner directed b y the secretary be de
tailed to see that the award is pu t in force and made effective im m ediately.
F r e d e r ic k N . Ju d son ,
F r a n k P. W a l s h ,
Joint Chairmen.
IN T E R P R E T A T IO N O F T H E A W A R D . '
October 24, 1918.]
1 . T h is award shall not apply to workers other than those working in the machine
shops as classified and rated m the award.
2 . W hen a m achine operator or specialist becomes able to do general m achine
shopwork on various machine tools he is to be p ut on such work as vacancies occur
and reclassified as a m achinist, and from then on w ill be promoted as his a b ility war
rants. Helpers m ay be advanced to b e specialists as their ab ility becomes manifest.
3. Machinists on particular machine tools who are able to do satisfactorily all work
coming w ithin the capacity of th e particular machine tool upon w hich they are work
ing, and who are familiar w ith ana ready to operate other machine tools, are entitled
to the same opportunity for promotion as machinists assigned to the other machine
tools as vacancies occur— i. e ., to receive the highest machinists’ rates, provided their
ab ility warrants.
4. A worker shall have the right to request reexamination for increased proficiency
at least once a year, and should be encouraged to study the operation of other tools
as w ell as machine-shop practice.
5. D e f in it io n s .— (a) Machinists, first-class.— A n y man who has had four years*
experience at the machinist trade as an apprentice or otherwise and who is able to
read blue prints and drawings, or who, b y his skill and experience, is qualified and
capable of fitting together the metal parts of any machine, or is generally competent
to do sizing, shaping, turning, boring, grinding, J. & L . work, Gisholt, automatic-screw
machine, planing, finishing, adjusting, or job setting the metal parts of any machine
whatsoever, shall be considered a first-class machinist, and shall receive the m inim um
rate of pay established for this class of work. T h e determination as to the com petency
of a m achinist shall be left to the management, and when a m achinist is not considered
com petent he m ay be dismissed at the discretion of the management.
( 6)
Machinists, second class.— Second-class machinists m ust have had at least three
years’ experience at the trade and be able to read blue prints and drawings; m ust be
able to operate at least two standard machine-shop tools or proficiently perform one
of the following operations: L ining up, getting the length of valve stems, piston rods,
etc., lining up bed plates, vise work, or valve setting.
(c) Specialists.— A n y worker who is regularly assigned to the operation of any
machine tool, and who has had at least four m onths’ experience at such work, and
who is competent to secure a reasonable production from such tool, b u t who is not
qualified to be classified as a first or second class m achinist, shall be classified as a
specialist, and shall then be paid the specialist rate. In hiring workers w ith no
m achine experience to operate machines the company shall be allowed to pay the
worker at the 42-cent rating for a period not to exceed four months, w hich shall be
considered as probationary, after which the worker shall receive at least the 52-cent
rating. A n y worker w ith previous machine experience of four months or over shall
receive at least the 52-cent rating.
(d) Helpers.— A n y worker whose regular d u ty it is to assist an operator or machinist
in the process of production, whether i t be in setting up work, in the operation of the
machine tool, or in erecting and assembling, and shall have had at least two months’
experience at such work, shall be classified as a helper and rated at the 46-cent rating.
This shall not be held to apply to men who perform or are liable to perform only work
generally recognized as common labor, such as sweeping or carrying materials or
ST . JO SE P H LEAD CO.
137
products, even though such work be performed in the m achine shop in and around
machines. T his classification shall include* crane followers, bu t not the laborers who
assist them .
6 . N o worker once rated as a machinist, specialist, or helper shall be thereafter
reduced in his rating except for cause.
7. T he only exception to the m axim um probationary period of two months herein
established shall be in th e case of recognized apprentices under 21 years of age, w ith
the full understanding th at the worker so hired shall be moved from machine to
m achine, the chief regard being not to production b u t to his learning the trade of an
all-around machinist.
8 . Em ployees shall receive their first pay on the new basis not later than the last
pay day in October, 1918, and shall receive their back pay in four installm ents, the
last installm ent to be paid b y Novem ber 15, 1918.
L. A. O sb o rn e,
W m . II. J o h n s t o n , ^
Section.
Findings in re Employees v. St. Joseph Lead Co., Herculaneum, Mo.
16.
J u l y 3 1 , 1918.
Overtime.— A ll of the workers coming under this award shall be paid time and a half
for the first two hours over the regular shift of eight hours and double tim e thereafter
on ordinary days, as w ell as Sundays and holidays; this to include common labor as
well as skilled and semiskilled.
Period of award.— This award is to take effect as of April 21, 1918, and shall continue
for the duration of the war, excep t that either party m ay reopen the case before ’the
arbitrators at intervals of six months, beginning February 1 , 1919, for such adjust
m ent as changed^ conditions m ay render necessary.
Th e company is granted until September 1 , 1918, to make the back-wage payments
herein provided.
Interpretation of award.— For the purpose of securing a proper interpretation of this
award the Secretary of the National W ar Labor Board shall appoint an examiner, who
shall hear any differences arising in respect of the award between the parties and
promptly render his decision, from which an appeal may be taken b y either party to
the arbitrators making this award. Pending such appeal the decision of the examiner
shall be binding.
Recognition o fa n d annual contract with, union.— The request of employees for recog
nition of their organization b y the com pany, and for an annual contract with the com
p a n y ,is denied, for the reason that no such arrangements were in force prior to the
submission of this controversy. T h e principles upon which the National War Labor
Board is founded, however, guarantee the right to employees to organize and to
bargain collectively, and there shall be no discrimination or coercion directed against
proper activities of this kind. Em ployees in the exercise of their right to organize
also shall not use coercive measures of any kind to compel persons to join their unions,
or to induce employers to bargain or deal with their unions. A s the right of workers
to bargain collectively through committees has been recognized b y the board, the
company shall recognize and deal with such committees after they have been con
stituted b y the employees.
Wages.— The m inim um rate of pay for all adults, skilled and semiskilled as well as
common labor, shall be $4 per day. T he following shall be the schedule of rates:
Em ployees now receiving $3 per day to lie increased to $4 per day.
E m ployees now receiving $3.10 per day to be increased to $4.10 per day.
Em ployees now receiving $3.20 per day to be increased to $4.20 per day.
E m ployees now receiving $3.25 per day to be increased to $4.25 per day.
E m ployees now receiving $3.45 per day to be increased to $4.45 per day.
E m ployees now receiving $3.50 per day to be increased to $4.50 per day.
E m ployees now receiving $3.60 per d ay to be increased to $4.60 per day.
Em ployees now receiving $3.80 periday to be increased to $4.80 per day.
Em ployees now receiving $3.90 per day to be increased to $4.90 per day.
Em ployees now receiving $3.95 per day to be increased to $4.95 per day.
E m ployees now receiving $4 per day to be increased to $5 per day.
Em ployees now receiving $4.06 per day to be increased to $5 per day.
Em ployees now receiving $4.15 per day to be increased to $5.05 per day.
E m ployees now receiving $4.20 per day to be increased to $5.10 per day.
Em ployees now receiving $4.25 per day to be increased to $5.15 per day.
E m ployees now receiving $4.30 per day to be increased to $5.20 per day.
138
C H A P . V .-----AW AR DS OF N A T IO N A L W A R LABOR BOARD.
Em ployees
Em ployees
Em ployees
Em ployees
Em ployees
Em ployees
Em ployees
Em ployees
Em ployees
Em ployees
Em ployees
Em ployees
now
now
now
now
now
now
now
now
now
now
now
now
receiving $4.45 per. clay
receiving $4.50 per day
receiving $4.65 per day
receiving $4.75 per day
receiving $4.80 per day
receiving $5 per day to
receiving $5.10 per day
receiving $ 5.25 per day
receiving $5.60 per day
receiving $5.85 per day
receiving $7.05 per day
receiving $7.50 per day
to be increased to $5.25 per d ay.
to be increased to $5.30 per day.
to be increased to $5.35 per day.
to be increased to $5.40 per day.
to be increased to $5.45 per d ay.
be increased to $5.50 per day.
to be increased to $5.55 per day.
to be increased to $5.60 per day.
to be increased to $5.65 per day.
to be increased to $5.90 per day.
to be increased to $>7.50 per day.
to be increased to $7.75 per day.
Wm. H . T a f t ,
F r a n k P. W a ls h ,
Arbitrators.
Finding in re Docket No. 21, Employees v. A. E. Hammond Lumber Co., and
Docket No. 21 b , Employees v. St. John Lumber Co., Van Buren, Me.
21 an d . 2 1 b .
J a n u a r y 1 5, 1919.
M EM O R AN DU M TO THE B O A R D .
In neither of th e two above cases is there a m utual submission. In fact, the
employers refused to appear at any hearing. These cases came to the board from
the Departm ent of Labor, a conciliator having been sent b y them to V an Buren, M e.,
w ithout result. A n agent of th e N aval Intelligence Service at Boston was also detailed
to investigate the case. A n exam iner from this board— nam ely, John J. K . Caskie—
was in V a n B uren on October 1 2 , 13, and 14, 1918.
T h e testim ony, whicn is all ex parte, seems to indicate a peculiar condition of
m ix -u p , in w hich questions of membership in unions, possible religious affiliations,
paym en t of wages in Canadian m oney, importation of laborers from the Canadian side
of the river all have a bearing. A pparen tly th e intelligence officer sent u p b y the
N a v y D epartm ent did not feel that an y action was necessary on their part. W hether
he was justified in leaving matters in status quo we are unable to judge. T h e em
ployees su b m it a scale of wages for various classes of em ploym ent, b u t their complaint,
as shown b y th eir testim ony before the examiner, seems to be principally on the ques
tion of wages paid to common labor. T h e rate paid is 30 cents per hour for a 1 0 -hour
day, which th e y claim is too low.
V an BuTen is a Temote point, and it is difficult to form a judgm ent of what living
conditions and cost of living are at that point.
W e recommend th e following finding:
FINDING.
T h e principles of th e board under the headings “ R igh t to organize” and “ E xisting
conditions ” are hereby ratified and confirmed.
T h e board recommends th a t a com m ittee or com m ittees of the workers be organized
and th at th e employers treat w ith same relative to working conditions, wages, etc.
T he board further recommends that all employees now receiving less than 35 cents
per hour be increased to 35 cents, and that this finding be made retroactive to M ay 7,
1918.^
This finding shall be effective for th « duration of the war.
C. A . C r o c k e r ,
T . M . G u e r in ,
Section.
Findings in re Machinists and Electrical Workers and Other Employees v.
Bethlehem Steel Co., Bethlehem, Pa.
22.
J u l y 31, 1918.
The case of the M achinists and Electrical Workers v. B ethlehem Steel Co. is of un
questionable importance from the standpoint of the war. I t appears beyond doubt
that the dissatisfaction among the employees of the com pany has had and is having a
seriously detrimental effect upon the production of war materials absolutely necessary
to the success of the Am erican E xpeditionary Forces. T his was clearly developed in
th e testim ony of the officials of the Ordnance Department.
BETHLEHEM
ST EE L CO.
139
The main cause of the dissatisfaction is a bonus system so complicated and difficult
to understand that almost one-half of the tim e of the hearings was consumed in efforts
to secure a clear idea of the system. T he absence of any method of collective bar
gaining between the management and the employees is another serious cause of un
rest, as is also the lack of a basic guaranteed m inim um -w age rate.
After having carefully reviewed all the evidence in the case, the board makes the
following findings:
1 . Piece rates, bonus, and basic hourly rates: Machine shops.— (a) The bonus system
now in operation should be entirely revised or elim inated; piecework rates should be
revised also; and a designated, guaranteed m inim um hourly wage rate should be es
tablished in conformity with such of the scales now being applied b y the W ar or
N a v y Departm ent as most nearly fits the conditions in this particular case.
(b) A n y necessary revision of piecework rates shall be made b y an expert in coop
eration w ith the Ordnance Department, the plant management, and a committee
from the shops, such expert to be selected b y the National W ar Labor Board and with
the approval of the Secretary of W ar.
(c) T h e piece rates thus established shall not be reduced during the period of the
war.
2. Overtime.— D aily overtime should be compensated at the rate of tim e and a half
and Sundays and holidays at double tim e, in the fixing of piece rates provision
should be made for overtim e paym ent such as is now made in the case of tim e workers.
T h e definition of w hat days constitute holidays and the division of the w eekly work
periods can, in the opinion of the board, be settled best b y conference between com
mittees hereinafter provided and the management of the plant.
3. Committees.— The right of employees to bargain collectively is recognized b y the
National W ar Labor Board; therefore the employees of the Bethlehem plant should
be guaranteed this right. T h e workers at the Bethlehem plant should use the same
method of electing committees as is provided in the award of the National W ar Labor
Board for th e workers of the General Electric Co., at Pittsfield, Mass . 2
4 . Employment of women.— On work ordinarily performed b y men, women must be
allowed equal pay for equal work and must not b e allotted tasks disproportionate to
their strength.
5. Military exemption.— The evidence relative to the complaints of the workers that
foremen and other subordinate officials of the plant have made improper use of the
selective draft act shall b e referred to the W ar Department for such action as m ay be
warranted b y the facts and the law.
6 . Electrical workers.— The board finds in th e case of the electrical workers that the
following rates should be established:
First class, 67.5 cents per hour.
Second class, 62.5 cents per hour.
Helpers, 40 cents per hour.
Overtim e provisions should be the same as hereinbefore specified.
7. Other departments.— Wages and working conditions of other departments and crafts
shall be considered and adjusted b y the committees provided for in paragraph ( 6 ) of
section 1 .
8 . Local board.— A local board of mediation and conciliation, consisting of six m em
bers, shall be established, three members of which shall be selected b y the company
and three b y the employees, for the purpose of bringing about agreements on disputed
issues not covered b y these findings. In the event cf the local board failing to bring
about an agreement, the points at issue shall be referred to the National W ar Labor
Board. T h e members of the local board shall be compensated for their services by
the parties whom th ey represent. This board shall be presided over by a chairman
who shall be selected b y and represent the Secretary of W ar.
9. No reductions.— The revision of wages or earnings provided for in this award shall
in no case operate to reduce the wages or earnings ot any em ployee.
1 0 . Discrimination.— T h e. examiner hereinafter provided for shall investigate the
charges of discrimination, and shall report his conclusions, with recommendation, in
each unsettled case to the National W ar Labor Board and to the company.
1 1 . Interpretation of findings.— The National W ar Labor Board shall detail an e x
aminer to supervise the application of these findings. The examiner shall hear any
differences arising between the parties in respect to these findings, and shall prom ptly
render his decision, from w hich an appeal m ay be taken by either party to the
National W ar Labor Board. Pending such appeal the decision of the examiner shall
be enforced.
2 Docket No, 19 not printed herewith.
140
C H A P . V .-----A W A R D S OF N A T IO N A L W A R LABOR BOARD.
12.
Period of award.— These findings are to take effect August 1 , 1918, and shall be
effective for the duration of the war, except that either party m ay reopen the case
before the board at periods of six m onths’ interval for such adjustments as changed
conditions m ay render necessary.
The board desires to point out to both parties to this controversy that the questions
raised and for w hich the board has endeavored to find solution have largely to do
w ith matters w hich w ill require a reasonable tim e to satisfactorily adjust, and that
in view of the vital importance of the output of the Bethlehem Steel Co. both sides
should address them selves w ith patience and good spirit to finding fair and reason
able adjustments of the matters to w hich the board here directs attention.
Wm. H . T a f t ,
F r a n k P. W a l s h ,
•Joint Chairmen.
R E P O R T O F T H E S E C T IO N R E L A T I V E T O R E T R O A C T I V E P A Y
N E C T IO N W I T H T H E B E T H L E H E M A W A R D .
IN C O N
March 26, 1919.]
In connection w ith the attached letter from M aj. H awkins 3 your section would
recommend the following m ethod of procedure:
1 . T hat the secretary be authorized to appoint an administrator to proceed at once
to Bethlehem .
2. That this administrator be authorized to interpret the award and rulings of
examiners to the pay department of the B ethlehem Corporation.
3. T hat the clerical forces of the pay department under these rulings work out the
am ount due each em ployee or former em ployee during the term of the award.
4. T hat these services be performed b y the pay departm ent of the Bethlehem Steel
Corporation with the understanding that the clerical expense involved would become
part of the am ount to be paid to the B ethlehem Steel Corporation.
5. T h at after the pay department has worked out the amounts due each employee
or former em ployee, that this amount would be certified b y the administrator and paid
b y the com pany.
6 . T h at the com pany would render a statem ent for these amounts, addressed to the
Ordnance Departm ent, which statem ent should be presented to the administrator,
who would approve i t and transmit it to the Ordnance Departm ent. The Ordnance
Departm ent would then make paym ent to the Bethlehem Steel Corporation to reim
burse it for paym ents made under this procedure.
7. The period to w hich the award shall apply shall be determined b y the secretary
in consultation with M aj. Hawkins.
Wm. H . J o h n sto n ,
P . F . S u l liv a n ,
Section.
P L A N O F C O L L E C T IV E B A R G A IN IN G .
A pril 3, 1919.]
I. COMMITTEES.
1. Committeemen elected under the supervision of the National W ar Labor Board
in the recent elections shall serve as members of the general com m ittee, and shall
serve for a term of one year from tim e of elections and until elections are held and suc
cessors elected. Com m itteem en m ay be eligible for reelection.
2 . There shall be one com m itteem an from each department for the first 100 em
ployees or major fraction thereof, and one additional com m itteem an for each additional
100 or major fraction thereof. W h en the number in a department is less than 50
employees they m ay be grouped with the employees of another department. The
distribution of these em ployees shall be determined b y the general com m ittee and
the company, due consideration being given to geographic location, nature of the work,
and supervision.
3. In departments where vacancies exist at present, or where the num ber of com
m itteem en are less than the basis of representation as noted above, arrangements shall
be made im m ediately b y the general com m ittee in conference with representatives
of the com pany for the holding of elections to fill these vacancies; said elections to be
supervised b y representatives elected b y the general committee with the cooperation
3 Not printed herewith.
BETHLEHEM
STEE L CO.
141
of the company, as provided for in detail in article 4. Future vacancies until next
regular election shall be filed in the same manner.
4. I n departments where the number of com m itteem en exceeds the number
allowed b y the basis of representation noted above, the excess com m itteem en shall be
retired, beginning w ith the com m itteem an who received the smallest number of votes
when elected, the com m itteem en so retired to continue to act when need be as
alternates.
5. Com m itteem en who have been in conference w ith the officials of the company on
the award handed down b y the W ar Labor Board, or who have appeared before the
War Labor Labor in behalf of the em ployees in this case, shall be recognized as m em
bers of the general com m ittee and eligible to become members of the subcommittees,
even though th ey m ay be transferred to other departments in the plant than where
they were elected as com m itteem en.
6 . A com m itteem an m ay be recalled by the general committee upon the filing with
this committee of a petition signed b y at least two-thirds of the voters in his department.
II. QUALIFICATIONS FOR COMMITTEEMEN.
A n y em ployee who has been on the com pan y’s pay roll for a period of four
m onths prior to nominations, who is 21 years of age or over, and who is an American
citizen or has taken out his first papers, shall be considered qualified for nomination
and election as a com m itteem an.
In this connection the entire period of service of an em ployee shall be considered,
irrespective of any lapses in em ploym ent or transfers from one department to another.
III. QUALIFICATIONS FOR VO TERS.
A ll employees who have been on the com p an y’s pay roll for a period of at least
60 days prior to the date fixed for nominations shall be entitled to vote.
IV .
NOMINATIONS AND ELECTIONS.
1 . Nominations and elections shall be held anriually, in the month of Novem ber.
2. Nom inations shall be held on the second M onday, and elections on the following
Friday of the m onth nam ed. In the even t of either of these days being a holiday,
the day im m ediately following shall be substituted.
3. Nominations shall be made b y petition, and any em ployee who comes within
the qualifications laid down for com m itteem en shall secure signers to the num ber of
at least 10 per cent of the voters in his departm ent in order to have his name printed
on the official ballot.
4. On the day of elections each d u ly qualified voter shall be furnished b y the gen
eral com m ittee w ith a ballot on which the names of the candidates shall be printed
in alphabetical order. T h e voter shall indicate his preference b y placing a cross ( X )
opposite the names of the candidates of his choice.
5. Candidates to the num ber of committeemen to which a department is entitled
m ay be voted for, and this num ber shall be stated on the ballot. If this number is
exceeded the ballot shall be void.
6 . Each voter shall deposit his own ballot in a box provided for the purpose b y
the general committee, and the ballots shall be counted under the direction and
supervision of said com m ittee. T h e candidates receiving the greatest number of
votes shall be declared elected.
T h e company m ay designate a representative to check the qualifications of voters
and the counting of the ballots, and to certify as to the validity of the election.
7. In the event of a tie, seniority in the com pany’s em ploym ent in this plant shall
determine the choice.
8 . In the event of a controversy arising concerning any nomination or election, it
shall be referred to and decided b y the general committee. T he company may
designate a representative to be present at the session when such decision is rendered
and to certify as to its validity.
9. T h e general committee may make such provision as they m ay consider necessary
for assisting any voter, who m ay so request, in properly marking his ballot. Such
regulations for assisting voters as m ay be made b y the committee shall be transmitted
to the company and posted at the place of election.
142
CHAP. V .---- AWARDS OF NATIONAL W AR LABOR BOARD.
V . G RIE VAN C ES.
E m ployees or committees having a grievance shall m ake an effort to adjust same
first w ith the foreman, and failing in this m atter should be referred to the general
foreman or shop superintendent b y the shop or departm ent com m ittee. I f no adjust
m ent is reached, th e shop or departm ent com m ittee shall make an effort to adjust
the same with the management, through its authorized representative, and failing
in this th e m atter should b e referred to the general com m ittee or subcom m ittee thereof
for adjustm ent with the managem ent. T h e management w ill deal with any sub
com m ittee selected b y th e general com m ittee from among their number.
I n case no adjustm ent is reached between th e management and the general com
m ittee, or subcom m ittee thereof, th e points in dispute m ay be referred to arbitration
b y consent o f the parties concerned, w ithin 10 days after final disagreement between
the com m ittee and the management.
VI. G EN ER AL QUESTIO N S.
The general com m ittee m ay designate subcommittees from among their number to
take up the matters of wage scale and working conditions, or any other matters that
it m ay deem necessary to subm it to the m anagement for its consideration.
V II. G U A R A N T E E IN G TH E IND EPEN D EN CE OF COM M ITTEEM EN.
I t is understood and agreed that each com m itteem an shall be free to discharge his
duties in an independent manner, w ithout fear that his individual relations with the
company m a y be affected in the least degree b y any action taken b y him in his repre
sentative capacity.
To insure to each com m itteem an his right to such independent action, he shall
have th e right to take th e question of an alleged personal discrimination against him ,
on account of his acts in his representative capacity, to any of the superior officers or
to the president of the com pany, through the general committee or subcom m ittee
thereof.
H aving exercised this right in the consecutive order indicated and failing a satis
factory rem edy w ithin 10 days, a com m itteem an shall have the further right to appeal
to th e secretary of th e U nited States D epartm ent of Labor. T h e com pany shall
furnish the Secretary of Labor w ith every facility for th e determ ination of th e facts,
and the findings and recommendations of the said Secretary of Labor shall b e final
and binding.
V III. D UR ATION OF FLAN.
This plan m ay be altered or am ended by m utual agreement. T h irty (30) d ays’
written notice must b e given by either party wishing to am end or alter the plan.
A S T A T E M E N T T O T H E W O R K E R S O F T H E B E T H L E H E M S T E E L COM
P A N Y OF TH E PURPOSES OF TH E W A R LAB O R BO A R D A W A R D A N D
O F T H E P L A N S F O R T H E E L E C T I O N O F T H E S H O P C O M M IT T E E S T O
C A R R Y O U T T H E P R IN C IP L E S O F C O L L E C T I Y E B A R G A I N I N G P R O
V I D E D F O R I N T H E A W A R D .4
October 9, 1918.]
To the Men and Women o f the Bethlehem Steel Co.:
On A u gu st 1 ,1 9 1 8 , th e National W ar Labor Board handed down its decision in the
case o f the em ployees of the local plants of the Bethlehem Steel Co. T he decision
expressly provides that all conditions of th e award shall be in effect as of the above
date. R epresentatives o f the W ar Labor Board are now in Bethlehem under instruc
tions to pu t th e award into effect. T h is w ill be done at the earliest possible date.
The task is a large one and necessarily will take considerable tim e. W hole-hearted
cooperation b y both the com pany and the workers w ill m ake the task easier ana secure
the results desired. W e are assured that such cooperation w ill be given b y both sides.
T h e purposes of the award, w hich b y its acceptance b y th e com pany becom es an
agreement between the com pany and its em ployees, are as follows:
4 Bulletin No. I.
BETHLEHEM
STEEL CO.
143
PURPOSES OP THE A W A R D .
1 . T o give the em ployees a direct voice in determining their working conditions.
2 . T o provide a m ethod of m utual bargaining betw een the company and the chosen
representatives of shop and craft groups.
3. T o provide ready means for conferences betw een em ployees and management on
all matters affecting common interests.
4. T o provide an agency for th e prom pt adjustm ent of all differences that m ay arise
between th e em ployees and the management, either groups or individuals.
5. T o furnish an agency for working out the classification of employees, hourly
wage, and piece work rates and “ entire revision or elim ination” of the present bonus
system.
T he award provides for the appointment of an expert selected b y the W ar Labor
Board, w ith the approval of the Secretary of W ar, to assist in determining just piece
rates. T h e W ar Labor Board has detailed an examiner from its staff to supervise the
application of the other provisions of the award. T he examiner is empowered to in
vestigate all charges of discrimination and to hear any differences that m ay arise
between the company and its employees in the interpretation and application of the
award. E ither side m ay appeal from his decision to the W ar Labor Board. The
award shall be in effect for the duration of the war, b u t either side m ay reopen the
case at the end of any six m onths’ period, dating from August 1 , 1918.
T h e award also provides for the establishment of a permanent local board of m edia
tion and conciliation, consisting of six members, three of whom shall be selected b y
the com pany and three b y the employees, with a chairman named b y the Secretary
of W ar. I t w ill be the work of this board to bring about agreements of disputed issues
not directly covered b y the award.
T h e right of employees to belong ta labor unions is distinctly recognized in the
award and discrimination b y the management against union employees expressly
prohibited. Nor shall any em ployee be subject to discrimination on account of his
acts as a shop or other group representative.
THE PLAN OF THE ELECTIONS.
The im m ediate task in hand is the election of the persons who shall represent the
various shops in the work of carrying out the award. T he elections and the counting
of the ballots w ill be under the sole supervision of the W ar Labor Board’s repre
sentatives, assisted b y shop employees selected b y them . I t is the judgm ent of the
War Labor Board that the most practical plan is to hold the elections in the shops.
For this purpose voting booths w ill be located in convenient locations and boxes
supplied in which to deposit the ballots. The electricians and the machine shop
groups w ill be taken care of first. If readjustments to provide representation for some
of the craft groups not taken care of in the election plan are necessary this can be
arranged later.
This election means m uch to the future welfare of the workers in the Bethlehem
plant. A general participation b y them in the election is necessary to secure proper
results. T o this end we ask for the cooperation of every qualified voter.
The detailed method of conducting the elections w ill be explained in later bulletins
or b y notices posted in th e shops.
N a t io n a l W a r L a b o r B o a r d .
J o h n A . H e n d e r s o n , Examiner in Charge.
M E T H O D S O F P R O C E D U R E F O R D E T E R M I N I N G C L A S S I F IC A T I O N S
A N D R A T E S A N D M A K I N G O T H E R A D J U S T M E N T S .5
Novem ber, 1918.]
To the Bethlehem Steel Co. and ike Committee Elected from the Departments:
The first state in the application of the award of the National W ar Labor Board in
the Bethlehem plants of the Bethlehem Steel Co. is nearing completion. T he shop
committee provided for in the award are nearly all elected.
T he examiners desire in this connection to express their appreciation of the interest
and cooperation from all concerned which has helped to make these elections a success.
5 Bulletin No. 2.
144
CHAP. V.— AWARDS OF NATIONAL W AR LABOR BOARD.
I t becomes desirable to indicate some of the methods of procedure b y which these
committees m ay accomplish the desired results.
Th e most important matters calling for im m ediate consideration are the establish
m ent of classifications among the machine shop employees, m inim um hourly rates,
and revision of piece rates.
None of these could be satisfactorily considered until the machine shop elections
were completed.
D ETERM INATION OF R ATES.
T he committeemen from the machine shops w ill organize from their number a
smaller conference committee to handle for them the negotiations regarding classifi
cations and rates.
The National W ar Labor Board evid en tly did not intend to fix precisely the rates
for the Bethlehem shops. H ad th ey so intended definite rates would be found in
the award such as appear in several others. T he intention clearly was to set up as
a standard the rates prevailing in the arsenals and n avy yards at the tim e of the
handing down the decision and to determine b y discussion which of them or what
combination from them was most applicable to the Bethlehem situation.
The discussion of classification and m inim um hourly rates w ill be conducted as
follows:
A n examiner of the W ar Labor Board w ill be chairman of a m eeting or series of
meetings at which the m achinists’ committee and representatives of the Bethlehem
management w ill be present. T he rate expert appointed b y the National W ar Labor
Board will sit in this conference in order that it m ay have the benefit of the informa
tion which he has gathered.
The examiner w ill ask for proposals from both the committee and the representa
tives of the management regarding classifications and rates. On the basis of such
proposals and such information as m ay be given b y the rate experts there w ill be
full discussion and effort to reach agreement.
A sufficient num ber of meetings w ill be devoted to these discussions to permit
complete presentation of views and the reaching of an agreement.
If i t becomes evident that no agreement is possible, the exam iner w ill decide
prom ptly on disputed points. From his decision an appeal m ay be taken b y either
party of the National W ar Labor Board.
T h e method of procedure in determining piece rates w ill be the same except that
the rate expert of the board w ill be the presiding officer. I t m a y prove desirable
to have committees from each shop for piece rate discussion. T his w ill b e decided
b y consultation with the conference committee from the m achine shops.
HANDLING OF ADJUSTMENTS.
The general procedure in case any employee has a matter requiring adjustment is
indicated b y the accompanying diagram. [See n ext page.]
A n y em ployee wishing any kind of an adjustment w ill take it up with a m ember
or members of the committee in his department. I f the com m itteem en consider the
matter of importance they w ill go to the foreman. I f he can not satisfactorily adjust
the matter the committee w ill proceed step b y step in the order indicated until they
secure an adjustment. The last appeal lies to the W ar Labor Board, whose decision
is necessarily final.
I t w ill be arranged that each person in the series who feels obliged to make an
adverse decision w ill hasten in every possible w ay the transfer of the matter to the
n ext in authority.
Committeemen should exercise. care regarding the cases which they take up.
Discourage the bringing of cases which are unimportant. Y ou r usefulness as a com
mitteeman will depend on not taking trifling cases and when you think a case has
merit in sparing no effort to get results.
B o a r d o f E x a m in e r s , N a t io n a l W
L u c ia n W . C h a n e y , Chairman.
ar
Labor B oard.
145
BETH LEH EM STEEL, CO.
NATI ONAL W A R LABOR BOARD.
FINALLY TO
3D TO
j
|
DEPARTMENT ADJUSTER
2D TO
FOREMAN
1ST ' TO
COMMITTEEMAN
TO
EMPLOYEE.
R U L IN G
NO. 2 .
IN T H E M A T T E R O F L A Y O F F S O F M E M B E R S O F SHOP
C O M M IT T E E S .
Novem ber 2 2 , 1918.]
Because of the probability of reductions in the working force of the Bethlehem
Steel Co. as a result of recent events, the exam iner in charge hereby makes the fol
lowing rulings:
T he com m itteem en under the award of the National W ar Labor Board in the Bethle
hem Steel Co. case can not be laid off without violation of award except for just and
valid cause relating to the conduct or operations of business and then only in propor
tion to the layoff of employees in the shop effected. In other words, 100 employees
must have been laid off in a shop where the shop com m ittee is larger than one before a
com m itteem an may be laid off, and in shops where there is only one committeeman
he shall not be laid off until employees in that shop shall be reduced to less than 25 in
number.
I f any com m ittee members have been laid off previous to this ruling and in viola
tion of conditions specified above, th ey shall b e reinstated im m ediately.
R ic h a r d B . G r e g g ,
Examiner in Charge.
42668°— 21-------10
146
R U L IN G
CHAP. Y .---- AWARDS OF NATIONAL, WAR LABOR BOARD.
NO.
3.
IN
THE
M ATTER OF AD D R ESSES
EM PLOYEES.
OF
D IS C H A R G E D
Decem ber 3, 1918.]
Under the terms of the award of the National W ar Labor Board certain employees
of the Bethlehem Steel Co. are entitled to back pay. Just which employees are or
w ill become so entitled and how much they w ill be entitled to is, to a considerable
extent, not defined in detail under the award. T he award, however, provides for
machinery to clearly determine these rights.
M any employees are now being laid off or discharged b y the com pany before these
rights are settled in detail.
In order that the company^ m ay be able to fulfill its obligations, and that employees
who are or m ay becom e entitled to back pay m ay obtain satisfaction of their rights,
and in order to clarify the situation, I hereby rule as follows:
( 1 ) A right to back pay when it has once been definitely established b y the terms
or operation of the award shall date back to August 1, 1918, the date when the award
took effect.
(2 ) T hat after one d a y ’ s preparation from the date of this ruling, the com pany shall
secure and keep a record of the permanent address of every em ployee who is laid off
or discharged or who voluntarily leaves the em ploy of the com pany. In cases where
employees have no permanent address, the com pany shall request the em ployee
leaving to notify the com pany once a month what his or her address is, and the com
pany, if need be through interpreters, shall see to it that such em ployee understands
this request and the reason for it; and shall furthermore prepare to keep such records
in form suitable to their use.
(3 ) T hat the com pany shall endeavor b y suitable advertising and other means to
obtain the permanent addresses of all employees who have left since A ugust 1, 1918,
been laid on, discharged, or w^ho voluntarily left the em ploy of the com pany, and also
to obtain from month to month the new addresses of the former employees who have
no permanent address. A ll addressed obtained in this w ay shall be kept in a manner
suitable for their effective use for purposes of this ruling.
R. B. G regg,
Examiner in Charge.
R U L I N G N o. 4.
R U L IN G IN T H E M A T T E R O F O V E R T IM E P A Y F O R
T I M E A N D P IE C E W O R K E R S .
Decem ber 10, 1918.]
T h e award of the National W ar Labor Board in the case of the B ethlehem Steel Co.
provides in section 2 , “ D aily overtim e should be compensated at the rate of tim e and
a half and Sundays and holidays at double tim e. In the fixing of piece rates provision
should be m ade for overtim e paym en t such as is now made in the case of tim e workers. ”
T h e award does not specify how m any hours per day are to be the basis for com puting
overtim e. Nor does the wording of the award define the exact method of com puting
overtime pay for pieceworkers. T o clarify these points the exam iner in charge hereby
makes the following ruling:
1 . T h e 8 -hour day shall be the basis upon which overtim e under this award shall
be figured for all em ployees engaged during the life of the award d irectly on war
work for the U n ited States, British, French, Italian or other A llied Governments,
such as in m achine shops, shell and gun forging shops, and elsewhere.
2 . In shops or departments where not less than one-half of the mechanics and
laborers have been engaged in any pay period during the life of the award on war work
for the U n ited States or any A llie a Governm ent, all the remaining em ployees in that
shop or department who are in clu ded under the award shall also have their overtim e
pay for th at pay period based on the 8 -hour d ay.
3. For the purposes of figuring overtim e under this award the basic 8 -hour day does
not apply to em ployees in those shops or departments engaged entirely upon produc
tion of commercial work for the open market or upon the production of steel billets,
rolled steel, or other unfinished products capable of being^ used for sale in the open
market. A ll processes up to th e step where the material is definitely cu t or formed
into shape for use under governm ent contract are not under the basic 8 -hour day for the
purposes of com puting overtim e under this a w a r d ., If, however, on A ugust 1, 1918,
or subsequent thereto, there was an agreement or understanding betw een the manage
m ent and employees of any shop or department providing for an 8 -hour day or shift,
this understanding or agreement shall prevail and the 8 -hour day be the basis of figuring
overtim e pay in that shop or department.
4. For all employees not coming under the basic 8 -hour day, the length of working
day or shift in effect in this plant August 1, 1918, shall be used as the basis for com -
BETHLEHEM
STEE L CO.
147
puling pay for overtim e work. T h e night shift following a Sunday or holiday shall
count as a Sunday or holiday for workers working on that shift.
5 . A n y controversy betw een the management and em ployees as to whether the
facts about the work of a given group, shop, or department entitle, under the foregoing
paragraphs, the em ployees in that group, shop, or department to have their overtim e
pay figured on a basic 8 -hour d ay, shall be considered in joint meetings between the
management and th e com m ittee of the given shop or department. If not satisfactorily
settled there it shall then be referred to the local board of mediation and conciliation
for settlem ent.
6 . If the principle or rule b y which the application of the basic 8 -hour day is to be
determined for the purposes of com puting overtim e pay under the award is in any case
not clear, the question shall b e referred in writing to the examiner in charge for a
further ruling.
6
7. For the purpose of computing back pay for all workers coming w ithin the basic
8 -hour day rule, all tim e worked in excess of eight hours w ithin any one day or of 48
hours w ithin any one fu ll week shall be considered overtim e, bu t no worker shall be
entitled to additional paym ent for overtime or extra tim e unless he shall h av e worked
48 hours in said fu ll week (or 40 hours when a holiday intervenes), except in the case
of illness, accident, misfortune, or other just and necessary cause.
8 . For em ployees working on either a tim e rate or piece rate basis, the rate of each
worker under which he was being paid at the tim e the work was done shall be used
as the basis for computing his overtime pay except as provided in the n e xt paragraph.
9. In the case of machine-shop em ployees or other machinists coming under the
classification and rates specified b y the examiners on N ovem ber 19, 1918, and workingon a tim e rate, and in the case of any hitherto unclassified electrical workers working
on a tim e rate also after each such worker has been classified in accordance with the
terms of said ruling of N ovem ber 19, or of the award, if his new m inim um hourly
rate, b y virtue of that ruling or the award, is higher than his hourly rate at the tim e
the work was done, his overtim e, Sunday, and holiday pay shall be recomputed for
the additional am ount arising from such increase. However, in order that the work
of classification m ay not delay paym ents of back pay for overtime, Sunday, or holi
day work, all such workers shall be entitled to a first paym ent of back pay for overtim e
computed on the basis stated in the foregoing paragraph 8 .
1 0 . Since the definition of holidays provided for in the award has not y e t been
made, the com pany shall for each shop or department compute paym ents due for
holiday work on ly for such holidays as nave actually been recognized b y the manage
m ent in that shop or department since August 1, 1918. A n y controversy whether a
holiday was so recognized shall be referred for settlem ent to the local board of m ed i
ation and conciliation. Subsequently, if any more holidays are agreed upon in
accordance with the award and rulings and such holidays occur between August 1 ,
1918, and the date of paym ent of back pay for overtime and extra tim e under the
award and ruling, further back pay due for work done on those additional holidays
shall be com puted and paid prom ptly.
1 1 . Paym ents due on account of Sunday work shall be computed without reference
to holiday work.
1 2 . T h e clause of the award granting overtime pay to pieceworkers applies to all
pieceworkers com ing under the award, whether in machine shops or elsewhere. For
instance, all workers paid on a tonnage or other similar basis are to be considered
pieceworkers for this purpose.
13. T he method of computing overtime for pieceworkers shall be as follows: Over
tim e hours worked in any pay period since A ugust 1 , 1918, shall be paid for at the
rate of one and one-half tim es the average piece earnings per hour for the given pay
period. T hat is, the total piece earnings for each pay period are to be divid ed b y
the total hours worked, including Sundays and hplidays, during that period, to get
the average piece earnings per hour for that pay period, and that is to be m ultiplied
b y one and one-half tim es the number of total overtime hours, excluding Sunday
and holiday hours, during the given pay period.
14. Sunday and holiday hours worked in any given pay period since August 1 , 1918,
shall be paid for at the rate of tw ice the average piece earnings for the given pay
period. T h at is, the average piece earnings per hour, computed as above described
in paragraph 13, is to be m ultiplied b y twice the number of total Sunday and holiday
hours during the given pay period.
15. T he increase payable as back pay to a pieceworker on account of overtime,
Sunday, and holiday work shall be computed as follows: T h e total number of regular
or straight tim e hours, excluding Sundays and holidays, shall be m ultiplied b y the
8Paragraph 7 overruled and canceled Dec. 16,1918, b y National W ar Labor Board at W ashington.
148
C H A P . y . -----A W A R D S OF N A T IO N A L W A R LABOR BOARD.
average piecework earnings per hour (obtained as above described in paragraph 13)
to get the total regular or straight tim e piece earnings for the given pay period. T o
this shall be added the total overtim e piece earnings (obtained as above described in
paragraph 13) and the total Sunday and holiday piece earnings (obtained as above
described in paragraph 14). From the sum of those three item s shall be subtracted
the total piece earnings actually paid to the em ployee for the given pay period. The
remainder is the increase payable to the pieceworker on account of week-day overtime,
Sunday, and holiday work. T h is am ount is all th at the pieceworker is entitled to for
back pay oh account of overtim e, Sunday, and holiday work for the given pay period.
For exam ple: Suppose in a given pay period a pieceworker works 140 total hours
of which 96 hours are regular tim e, 24 hours are w eek-day overtim e, and 20 hours are
Sunday and holiday tim e. Suppose his total piece earnings were $140. His average
piece earnings per hour would then be $ 1 .
Piece earnings on regular tim e ........................................................................... .. $96
36
Piece earnings on overtim e at tim e and one-half........................................
Piece earnings on Sundays and holidays at double tim e ........................
40
Total piece earnings p ay able................................................................... 172
Subtract piece earnings actually p a id ........ .....................................................140
A m ount of increase payable as back p a y ...........................................
32
16. For the purpose of paragraphs 13 and 14, if in any given pay period the average
rate of piece earnings per hour of any pieceworker is found to be less than his guar
anteed hourly base rate at the tim e the work was done, his guaranteed hourly base
rate at that tim e, instead of his average piece earnings per hour, shall be used in
computing his overtim e, Sunday, and holiday p ay. Subsequently, if classification
under this award or the exam iners’ ruling of N ovem ber 19, 1918, shall entitle him to
a higher m inim um hourly rate, a recomputation of his overtim e, Sunday, and holiday
pay shall be m ade on the basis of his new m inim um hourly rate, and this new rate
shall be used instead of his average piece earnings per hour in com puting his pay for
overtime, Sunday, and holiday work on a piece-rate basis, and he shall be paid the
increase.
17. T h e pay for overtim e, Sunday, and holiday work of both piece and tim e workers
is to be computed separately for each pay period.
18. T h e overtim e, Sunday, and holiday work for a piece-rate job uncom pleted at
the beginning or end of a given pay period, or for a piece-rate job, the record of com
pletion of which has not at that tim e been handed in , shall oe counted in the j)ay
period when the record of the com pleted job was turned in b y the worker in question
(or other person who customarily turns in such records) to the person or office desig
nated to receive such records from him .
19. If during any pay period a worker b y reason of transfer was engaged partly in
work entitling him to paym ent for overtim e under any of the foregoing paragraphs
and partly in work not entitling him to such overtim e p ay, his overtim e shall be
computed and paid for all work entitling him to overtim e pay.
2 0 . Back £ a y on account of overtim e or Sunday or holiday work for em ployees
working on either a tim e-rate basis or piece-rate basis and entitled to such pay under
the award and this ruling shall be computed from August 1, 1918, and shall continue
to the date of paym ent. Thereafter all overtim e, holiday, or Sunday work during
the life of the award shall be paid for in accordance with the terms of the award and
rulings m ade under it.
2 1 . A ll back pay due on account of all overtime, Sunday, and holiday work done
b y workers coming under the award on either a piece-rate or tim e-rate basis shall be
computed and paid on or before January 15, 1919.
Recognizing the clerical work necessary to make these computations, the back pay
due for each pay period shall be computed as soon as practicable w ithin the abovementioned lim its and as soon as computed shall be paid at the n e xt succeeding pay
day or earlier w ithin the said lim its.
2 2 . A n y workers who come under the award and this ruling and who have been
em ployed at any tim e since A ugust 1 , 1918, are entitled to receive any back p ay for
overtim e, Sunday, and h oliday work due them in consequence of the award and
this ruling. T h a t is, a worker who was for a w hile in the em ploy of the company
since A ugust 1, 1918, b u t has left that em ploy before the date of this ruling or before
the back pay due h im is computed, is not debarred because of that separation, from
receiving any back pay due him under the award and this ruling for the period he
worked for the com pany.
23. A s soon as the back pay due under this ruling to any former em ployee is com
puted, the company shall promptly notify him at the most recent and reliable address
BETHLEHEM
ST EE L CO.
149
known, and upon application shall forward the paym ent with such safeguards as
seem advisable. T h e cost of postage for mailing and registering, if used, m ay be
deducted from such back pay.
24. Former em ployees entitled to back pay under the award and any rulings there
under who fail to receive such back pay shall have 60 days from the date when such
back pay is made payable under the rulings w ithin which to further notify the com
pany of their addresses and claim an y back p ay due them . I f the company has not,
after careful trial as provided in ruling 3, dated Decem ber 3, 1918, been able to locate
such former em ployees and has not received any claim for back pay as provided
above, it shall no longer b e under obligation, under the terms of the award and rulings
thereunder, to p ay such former em ployee such back pay.
25. Because of the com plexity of points in volved and need for further considera
tion, the exam iner in charge reserves his decision on the question of whether over
tim e is to b e paid to workers on a bonus basis, and if so b y what method of com pu
tation.
26. From these and any other rulings which m ay be made b y the exam iner in
charge, an y party to the award has the right to appeal to the National W ar Labor
Board at W ashington. Such appeal, to be valid, m ust be made in writing w ith a
full statem ent of reasons in support of the appeal, and be signed b y the party or
parties making the appeal (stating their address), and be addressed to E . B . W oods,
Chief Adm inistrator of Awards, National W ar Labor Board, Massachusetts A v e n u e,
W ashington, D . C ., and be received b y him w ithin 10 days from the date of the
ruling appealed from. T h e National W ar Labor Board has adopted the following
rule as to appeals from a ruling of an exam iner or administrator:
“ Pending the appeal from the decision of the administrator, his decision shall be
enforced excep t in cases where it involves, directly or indirectly, the paym ent of
wages. In such cases the filing of the appeal with the administrator or board shall
operate as a s ta y .”
R ic h a r d B . G r e g g ,
Examiner in Charge.
R U L I N G N O . 5.
D ecem ber 1 2 , 1918.]
T h e employees in th e Redington works of the Bethlehem Steel Co. are not included
under the award of the National W ar Labor Board since the award b y its terms ap
plies to the plant at B ethlehem , Pa.
R U L IN G N O . 6 .
D ecem ber 1 2 , 1918.]
Machinists and similar craftsmen who come w ithin the classification of the ruling
of N ovem ber 19, 1918, relating to the classification and wage scale of machine shop
workers, b u t who work in shops other than machine shops are nevertheless entitled
to be classified and receive the wage rates specified in that ruling of N ovem ber 19,
1918. For such workers the first paym en t of back pay due them b y virtue of this
ruling and of said ruling of N ovem ber 19 shall be made w ithin 30 days from the date
of this ruling, and shall be completed at a date to be announced hereafter b y the
examiner in charge. Such back pay shall, as in the case of m achine shop workers,
date back to August 1 , 1918.
R U L I N G N O . 7.
Decem ber 19, 1918.]
Since the declared principles of the National W ar Labor Board state that “ The
basic 8 -hour day is recognized as applying in all cases in which the existing law
requires i t ,” nothing in ruling N o. 4, in the matter of overtim e pay, made b y the
exa,miner in charge on Decem ber 1 0 , 1918, shall be taken to override any rights
which employees have under the so-called Federal eight-hour law.
R U L IN G N O . 8 .
Decem ber 19, 1918.]
R uling No. 4, in the matter of overtim e pay, m ade b y the examiner in charge
December 10, 1918, does not prohibit the insertion of a retroactive provision in any
subsequent agreement between the com pany and the employees as to wages or hours
upon which wages are com puted.
150
C H A P . V .-----A W A R D S OF N A T IO N A L W A R LABOR BOARD.
R U L I N G N O . 9.
January 1 8 ,1 9 1 9 .]
In the first part of paragraph 2 of ruling N o. 4, issued Decem ber 1 0 , 1918, the clause
reading “ where not less than one-half o f- the mechanics and laborers have been
engaged in any pay period during the life of the award on war w ork” means where
the num ber of m echanics and laborers who, at one tim e or another during any pay
period throughout th e life of the award, were engaged on war work was not less than
one-half the total num ber of mechanics and laborers in the given shop or depart
m ent in that pay period.
R U L IN G NO. 10 .
January 16, 1919.]
W here in an y shop or departm ent there are day and night shifts and the employees
are transferred at regular intervals from one to the other, working alternately days
and nights, and at the tim e of the change those who make u p a given shift work
two full shift periods or one full shift period and a part of a succeeding full shift
period, the entire tim e th e y work, if it occurs betw een Sunday morning and M onday
morning at the hours when shifts usually begin, shall be paid for at the rate o f double
tim e.
R i c h a r d B . G re < * g ,
Examiner in Charge.
Findings in re Employees v. Detroit United Railway Co.
3 2 . J u l y 3 1 , 19 1 8 .
The arbitrators m ake the following findings and aw ard:
Wages.— T h e wage scale for all motormen and conductors shall b e :
First three months of service, 43 cents per hour.
N e x t nine months of service, 46 cents per hour.
Thereafter, 48 cents per hour.
Schedules and hours.— There shall be no change in the various classes of runs as laid
down b y the arbitration board of 1917. T h e arrangement of the w eek-day runs as to
platform tim e and the spread of outside hours, including the method of penalizing
outside hours in excess of 13, shall also b e unchanged.
W henever there is a break, or lay-off tim e, in any of the schedule runs amounting
to 45 m inutes or less, such break shall be paid for at the rates prescribed in this award,
and shall b e considered to be part of th e platform tim e.
Sundays and holidays and night cars.— On Sundays and holidays, runs shall all be
straight runs w ith no more than 8 hours’ tim e. N ight car runs shall all be straight
runs w ith no more than 8 hours’ tim e and w ith 10 hours’ pay.
Seniority.— T h e present rules distinguishing passenger and freight car runs, and dis
tinguishing from such runs line and construction car runs, shall be maintained.
Selection o f runs.— In th e case of no change in the k ey, there shall b e one general
selection each six months. O ne to take place betw een A pril 15 and M ay 15, and the
other to take place betw een October 16 an d N ovem ber 15.
Line and construction car men.— Line and construction car m en axe properly members
o f the Am algam ated Association.
Car inspectors, pitmen, and others.— T h e car inspectors, controller men, pitm en, and
pitm en helpers have the right to organize in trade-unions and to bargain collectively
through chosen representatives. T h e conditions heretofore existing in this branch
of the com pany’s business is the open shop, union and nonunion m en working side
b y side, and this condition shall continue, and shall not be deemed a grievance. The
question of wages for these m en is not decided, at this tim e, for the reason that the
com pany did not subm it any suggestions upon the subject. I t is therefore referred
to an exam iner for com plete investigation and report to the arbitrators.
Overtime.— A ll motormen or conductors, including m en on interurban, freight,
express, lin e and construction cars, who are called upon to work extra trips or do other
extra work or tripper service, in addition to the runs to which th e y are respectively
assigned, shall b e paid tim e an d one-half for all such tim e, and tim e and one-half from
the completion of their run to the starting tim e of the extra trip or extra work. No
motorman or conductor, however, who regularly is assigned a schedule run paying
more than eight hours’ platform tim e, shall be required or allowed to run an y such
extra trips or do such work or tripper service unless there are no available extra men
to do such work.
I f a motorman is qualified to act as a conductor, the company m ay require him to do
conductors’ work, and he shall do that work i n accordance w ith this section, provided
there are no m en rated as conductors who are available. T h e same rule shall ap p ly
to conductors who are qualified to act as motormen.
151
DETROIT U N IT E D R A IL W A Y CO.
Women and colored men.— I t is understood that no objection shall be made to the
em ploym ent of women or colored m en if necessity arises.
Wearing of overalls.— Interurban motormen shall be allowed to wear overalls under
reasonable regulations of th e com pany as to uniform m ake and appearance.
Interpretation of award.— For the purpose of securing a proper interpretation of the
award, th e secretary of the N ational W ar Labor Board shall appoint an exam iner who
shall hear any differences arising in respect to this award between the parties, and
prom ptly render a decision, from which an appeal m ay be taken b y either party to
the arbitrators making this award. Pending the appeal the decision of the exam iner
shall be binding.
Former agreements.— E x c e p t as modified b y this award, the agreement betw een the
com pany and the association originally m ade in 1912 and since modified in 191 3 ,19 1 4,
1916, and 1917, shall continue in effect during the tim e of this award unless changed
b y m utual consent.
Effective date.— T his award is to take effect as of June 1 , 1918, and shall continue for
the duration of the war, excep t that either party m ay reopen the case before the arbi
trators at periods of six m onths’ intervals, beginning February 1,1919, for such adjust
m ents as changed conditions m ay render necessary.
T h e com pany shall be allowed until September 1 , 1918, to make the paym ent to its
em ployees of the back p ay due them under this award.
Financial recommendation.— This award increases the m axim um rate in Detroit
from 40 cents an hour to 48 cents an hour. T h e increase is substantial b u t required
b y the increased cost of living, and is fair. Other changes in working conditions more
favorable to the m en w ill normally add to the wage cost. T he fares allowed to the
Detroit Railw ay are exceptionally low, being 3 cents a passenger on some lines, 4 cents
on others, and 5 cents on others. T h e y should all be raised to m eet the increased
operating cost due to the high prices of needed material and equipm ent and the
increased pay herein awarded.
W e m ake part of this award the words we have used in the Cleveland case:
W e have recommended to the President that special congressional legislation
be enacted to enable some execu tive agency of the Federal Governm ent to con
sider the very perilous financial condition of this and other electric street rail
ways of the country, and raise fares in each case in which the circumstances
require it. W e believe it to be a war necessity justifying Federal interference.
Should this be deemed unwise, however, we urge upon the local authorities
and the people of th e locality the pressing need for such an increase adequate
to m eet th e added cost of operation.
This is not a question turning on the history of the relations between the local
street railways and the municipalities in which they operate. T he just claim for
an increase in fares does not rest upon any right to a dividend upon capital long
invested in the enterprise. T h e increase in fare m ust be given because of the
im m ediate pressure for m oney receipts now to keep the street railways running
so that th e y m a y m eet the local and national dem and for their service. O ver
capitalization, corrupt methods, exorbitant dividends in the past are not relevant
to the question of policy in the present exigency. In justice the p ublic should
pay an adequate war compensation for a service which can not be rendered except
for war prices. T h e credit of these companies in floating bonds is gone. Their
ability to borrow on short notes is most lim ited. In the face of added expenses
.which this and other awards of needed and fair compensation to their em ployees
will in volve, such credit will com pletely disappear. Bankruptcy, receiverships,
and demoralization, with failure of service, must be the result. H ence our
urgent recommendation on this head.
Wm. H. T a ft,
F r a n k P. W a l s h ,
Arbitrators.
A D D IT IO N A L
F IN D IN G S
IN
RE EM PLOYEES
R A IL W A Y " CO.
v.
D E T R O IT
U N IT E D
Novem ber 20, 1918.]
T h e arbitrators make the following additional findings and aw ard:
Wages o f car inspectors and the like.— The wages of car inspectors, controller m en,
pitm en, and pitm en helpers shall be increased b y 2 0 per cent; provided, however,
that if this percentage increase does not bring the wage of any adult male em ployee
up to a m inim um of 42J cents per hour he shall be paid that m inim um of 42J cents per
hour, and provided further that where women are employed in the same classification
as m en they shall be paid equal pay for equal work.
152
C H A P . V — A W A R D S OF N A T IO N A L
W A R LABOR BOARD
Interpretation o f award.— For the purpose of securing a proper interpretation of this
award the secretary of the National W ar Labor Board shall appoint an exam iner, who
shall hear any differences arising in respect to the award between the parties and
prom ptly render his decision, from w hich an appeal m ay be taken b y either party to
the arbitrators making th e award. Pending a final adjudication on the appeal the
decision of the exam iner shall be binding.
Date effective.— This award is to take effect as of June 1, 1918, and shall continue for
the duration of the war except that either party m ay reopen the case before the arbi
trators at periods of six m onths’ interval, beginning February 1, 1919, for such adjust
ments as changed conditions m a y render necessary.
The company shall be allowed until Decem ber 1 , 1918, to make the paym ent to its
employees of th e back pay due them under this award.
Wm. H. T a ft,
F r a n k P. W a ls h ,
Arbitrators.
IN T H E M A T T E R O F T H E A P P E A L O F T H E D E T R O I T U N I T E D R A I L W A Y
CO. A N D T H A T O F IT S E M P L O Y E E S .
December 6 , 1918.]
This matter is primarily an appeal b y the Detroit U nited R ailw ay Co. from what it
conceives to be the ruling of the examiners appointed under the award dated July 31,
1918. In reality, however, it amounts to a request for a modification of the award
itself. A fter considering the case carefully, we think that the award should be m odi
fied in the following m anner:
T h e clause in the award lim iting runs on Sundays and holidays to not more than
eight hours tim e shall be changed to “ R uns on Sundays and holidays shall as far as
possible all be straight runs of no more than eight hours’ tim e, but they m ay exceed
eight hours tim e if absolutely necessary, provided the company pays tim e and a half
for all tim e in excess of eight hours.”
W hen morning-tripper service is operated by a man who operates on that day a late
run, a m inim um guaranty of five hours’ tim e at his regular rate of pay shall be paid,
instead of tim e and a half for platform and intervening tim e.
W hen tripper service is operated in the evening b y a man who operates on that day
a day run he shall be paid, in accordance with the award, tim e and a half for the
platform tifiae of the tripper, with tim e and a half for the intervening tim e.
A n appeal has also been received from the m en regarding the interpretations of the
examiners but, except in so far as the above modifications of the award are concerned,
the interpretations are upheld.
I t was the understanding of the arbitrators that the city m en on the Port Huron,
M ount Clemens, and A nn Arbor lines would, b y agreement, receive the wage awarded
to the Detroit m en, less the differential of 2 cents that had already existed for some
vears. and that they would receive this wage from June 1, 1918.
Wm. H. T a ft,
B a s il M . M a n l y ,
Joint Chairmen and Arbitrators.
E m p lo y e e s v . .M a n u fa c t u r e r s o f N e w s p r in t P a p e r .
3 5 . J u n e 2 7 , 19 1 8 .
R E P O R T O F S E C T IO N T O T H E F U L L B O A R D .
Messrs. W i l l i a m H . T a f t and F r a n k P . W a l s h ,
Joint Chairmen National War Labor Board, Washington, D. C.
G e n t l e m e n : In the m atter of the newsprint paper manufacturers and their em
ployees, relative to working conditions, wages, e tc., your section reports as follows:
T his case was subm itted to and accepted b y the board on or about A pril 30, 1918,
and was referred to a section consisting of Mr. Guerin and Mr. Crocker.
A preliminary m eeting was held at H o te l Belm on t in New Y ork M ay 7, at w hich
were present Mr. Carey, president of the International Brotherhood of Paper Makers;
Mr. L ym an and Mr. Lundrigan, of the International Paper Co., and one or two other
manufacturers.
,
.
. . .
Y ou r section suggested that it would be more satisfactory to the parties m interest
if they were able to come to a m utual understanding and settlem ent of the points at
issue without outside intervention, and to that end requested that a call be sent out
to all newsprint paper manufacturers for a m eeting to be held for the purpose of
M A N U F A C T U R E R S OF N E W S P R IN T
153
PAPER.
selecting a committee of live representatives to m eet a similar committee represent
ing the employees.
This request was prom ptly com plied with.
The com m ittee selected b y the employers consisted of: Mr. F . L . Carlisle, chair-,
m an; Mr. John Lundrigan, Mr. E . B . Murray, Mr. W . W . Nearing, Mr. S. M . W illiam s,
representing the following newsprint paper manufacturers, who either were parties,
to the original agreement of submission or had signified their willingness to abide
bv the action of the com m ittee and of the National W ar Labor Board:
A bitib i Power & Paper Co. (L td .).
F t. Frances Pulp & Paper Co. (L td .).
St. Regis Paper Co.
Tidewater Paper M ills Co.
International Paper Co.
St. Maurice Paper Co. (L td .).
De Grasse Paper Co.
High Falls Pulp & Paper Co.
Spanish R iver Pulp & Paper Mills
(L td .).
Taggarts Paper Co.
E . B . E d d y Co. (L td .).
Ontario Paper Co.
Falls R iver Co. (L td .).
U nion Bag & Paper Corporation.
Lake Superior Paper Co. (L td .).
Itasca Paper Co.
Finch, Pruyn & Co. (In c.).
Pejepscot Paper Co.
Powell R iver Co. (L td .).
T he committee selected b y the em ployees consisted of: Mr. J. T . Carey, chairman;
M r. John P . Burke, Mr. J. J. K eppler, Mr. John F lyn n , Mr. T im oth y H e a ly , repre
senting the following labor organizations having members em ployed in newsprint
paper m ills:
American Federation of Labor.
International Brotherhood of Paper Makers.
International Brotherhood of P ulp, Su lph ite, and Paper M ill Workers of the
U n ited States and Canada.
International Association of M achinists.
U n ited Brotherhood of Carpenters and Joiners of America.
International Brotherhood of Stationary Firemen.
International,Union of Steam and Operating Engineers.
International Brotherhood of Electrical Workers of America.
U n ited Association of Plum bers and Steam and H o t W ater Fitters of the U n ited
States and Canada.
O n M ay 28 and 29 the joint com m ittee m e t in conference at H o tel B elm ont, N ew
Y ork , your section being in attendance b y request of both parties. During the two
d ay s’ session, at w hich the entire subject was fu lly discussed, your section acted as
mediators and conciliators and made every endeavor to bring the parties to an agree
m ent, w ithout success.
The employees presented their request as shown in E x h ib its I and J ,7 to 'which the
employers subm itted a written reply and proposition for increase in wages as shown
in E x h ib it O .7 The labor group declined to accept the proposition of the employers
and stated that th e y would reply to it in writing to the N ational W ar Labor Board.
O n June 3 a formal hearing was held at H o tel B elm ont, the parties in interest being
represented b y the above-nam ed committees. Both com m ittees were asked if they
would accept the section of the board in lieu of the full board as final arbitrators.
A form of agreement was subm itted, which the employers prom ptly signed b u t which
the employees after consultation declined to sign, the employees stating that as the
case was originally subm itted to the full board they desired i t to be decided b y the
full board. The entire day was devoted to the arguments and statem ents of the con
tending parties, a fu ll stenographic report of which is subm itted herewith ,7 together
with m any exh ibits filed either at the hearing or subsequent thereto.
Y our section desires to call your attention to the fact that this is a very com plicated
and difficult case, due to the m any classes of employees and to the varying conditions
consequent upon the fact that the m ills represented are w idely scattered both in the
U nited States and in Canada, and located in com m unities varying in character from a
small city like Watertown, N . Y ., to a village or ham let far back in the Canadian
forests. Y our section believes it has given this case thorough, careful, and conscientious
consideration, and recommends that the accom panying decision and award be adopted
as the decision and award of the fu ll board. I t further recommends that a request,
substantially as per copy herewith, be transmitted to the Federal Trade Commission,
asking that the selling price of newsprint paper recently fixed by said commission be
increased, and that a copy of said request accompany the decision and award of this
board.
R espectfully subm itted.
T . M . G u e r in ,
C. A . C r o c k e r ,
Section.
7 Not printed herewith.
154
C H A P . V .— A W A R D S OF N A T IO N A L
W A R LABOR BOARD.
T h e F e d e r a l T r a d e C o m m is s io n ,
Washington, D. C.:
The National W ar Labor Board, in rendering its decision relative to working con
ditions and additional compensation to be paid b y the nev/sprint paper manufacturers
to their employees, w hich said decision w ill measurably increase the cost of production
of newsprint paper, feels constrained in sim ple justice to the parties in interest to
most respectfully request that the case in volving the fixing of the selling price of
newsprint paper recently decided b y your honorable commission be reopened and
that your honorable commission reconsider your finding in said case w ith a view to
determine whether our award in this submission should require an am endm ent of
your finding.
N a t io n a l W a r L a b o r B o a r d ,
B y W m . H . T aft,
F r a n k P. W a ls h ,
Joint Chairmen.
D E C IS IO N A N D A W A R D .
1 . Conditions and duration of award.— The hours of em ploym ent and general work
in g conditions in force A pril 30, 1918, except as herein provided, whether based upon
written or verbal agreement or general understanding, shall remain in force for and
during the period of the war and for six ( 6 ) months thereafter, unless changed b y mutual
consent of the committees of employers and employees, respectively, referred to in
the following section 2 .
2. Committees.— It is recommended that a committee of five (5) representing the
employers and a committee of five (5) representing the employees be formed b y the
respective groups, w hich joint committee shall make careful investigation and study
in the industry and endeavor to subm it a uniform classification of employees, to estab
lish proper wage differentials among the various classes and the various grades in each
class, and to formulate a schedule of working conditions that can be adopted b y all
the m ills, w ith a view of establishing uniform classifications, working conditions,
and wage schedules throughout the industry. These committees should be appointed
at once and endeavor to reach a conclusion and report w ithin six ( 6 ) months from
July 1, 1918.
3. Hours of labor.— (a) A ll hourly employees working inside the m ills shall be paid
on the basis of eight ( 8 ) hours per d ay, w ith tim e and a half for overtim e. Mechanics
or repair m en when working outside the m ills shall be paid on the same basis as if they
were working inside.
( b) A ll employees regularly working outside the mills shall be paid on the basis of
nine (9) hours per day, w ith tim e and a half for overtime.
4. Basis of wage scale.— (a) The basis of the new scale of wages for tour workers shall
be forty-one (41) cents per hour.
( 6)
The basis of the new scale of wages for inside day workers, except girls employed
in finishing room, shall be thirty-eight (38) cents per hour.
(c) A ll female em ployees doing the same work as males shall receive the same
rate of pay that males receive for th e same work.
(d) T he m inim um rate for mechanical repair m en shall he fifty (50) cents per hour
and for their helpers thirty-nine (39) cents per hour.
5. Rates of wages.— The rates of wages shall be ten ( 10 ) cents per hour higher than the
rates shown in the International Paper C o .’s schedule of October 21, 1917 (E x h ib it
D 1), except when the addition of ten ( 10 ) cents per hour does not equal the m inim um
hereinbefore established. A schedule showing these increased rates is attached
hereto (p. 155) and made a part of this report. This schedule is used for the purpose
of establishing as nearly as possible at the present tim e and pending the report of the
joint com m ittee herein provided for a uniform classification and wage rate. I t is
understood that all rates of wages are to be considered as m inim um rates for the various
classifications to w hich th e y are appended. In m ills where the classification does not
now exactly conform to the attached schedule an equitable adjustment of such minor
differences as m a y exist shall be made, using said scale as a basis.
6 . Adjustment of wages.— The wage scale adopted herein is based upon the present
cost of livin g . O n January 1 and July 1 of each year during the period of the war
and for six months thereafter there shall be an adjustment of wages w hich shall auto
m atically take place on the above dates, providing Government statistics show an
increase in the cost of liv in g of not less than ten ( 1 0 ) per cent in excess of the cost on
i Not printed herewith.
155
M A N U F A C T U R E R S OF N E W S P R IN T PAPER.
July 1 , 1918, in w hich case the employees shall receive an increase in wages equal
to said increase in cost of liv in g . Should said statistics show a decrease of not less
than ten ( 1 0 ) per cent in the cost of liv in g , then the rate of wages shall be correspond
in g ly decreased,
7. Overtime far tour workers.— W henever tour workers are required to work overtime
for more than two weeks to fill a vacancy, all overtim e over two weeks shall be paid
for a t d ou ble-tim e rates. If, however, the employer is unable to fill such vacancy,
he m a y ap p ly to the union to furnish a suitable man to fill same, and if the union is
unable to furnish the required man the employer shall be required to pay only at the
rate of tim e and a half u n til the vacancy is filled. •
8 . Designation of hours of work.— In the case of day workers working eight (8 ) hours
per day the em ployer shall have the right to designate the particular hours to be
worked w ithout overtim e allowance, between 7 a. m . and 5 p. m ., providing the
em ployee works eight ( 8 ) consecutive hours w ith tim e out for lunch.
9. Foremen and boss machine tenders.— Foremen and boss machine tenders shall not
do manual labor in excess of ten ( 1 0 ) per cent of the tim e.
1 0 . Holidays.— The number of holidays shall be four in each year, v iz : Fourth of
July, Labor D a y, Thanksgiving D ay, and Christmas. These holidays m ay be changed
b y m utual consent of employer and employees in each m ill. Thirty-six (36) hours
shall be allowed for the Christmas h oliday only.
1 1 . Right to organize.— a. The right of the workers to organize in trade-unions and
to bargain collectively through chosen representatives is hereby recognized and
affirmed. This right shall not be denied, abridged, or interfered w ith b y the employers
or their representatives in any manner whatsoever.
b.
T he right of employers to organize in associations or groups and to bargain col
lec tiv ely through chosen representatives is hereby recognized and affirmed. This
right shall not be denied, abridged, or interfered w ith b y the workers or their repre
sentatives in any manner whatsoever.
S C H E D U L E O F R A T E S O F W A G E S A W A R D E D .!
Wood piling.
Wood handling.
{The head piler and the engineer shall be classified
according to the average num ber of rough cords
they have charge of piling (or handling) per day.
I f wood is piled b y tour work, their class shall be
determined b y the amount o f rough w ood handled
per tour.
A n y positions in this section other than those
shown, which are m ade necessary b y special con
ditions at any o f the mills o f these companies, shall
be brought to the attention of the joint com m ittee,
and a rate shall be fixed which will correspond with
the duties of the position.!
[The head wood handler shall be classified accord
ing to the num ber o f rough cords he has charge of
handling per day, this number being the normal
amount o f w ood consum ed b y the m ill. I f tour
work, his class shall be determined b y rough cords
handled per tour.
A n y positions in this section other than those
shown, which are made necessary by special con
ditions at any o f the mills of these companies, shall
be brought to the attention of the join t committee,
and a rate shall be fixed which will correspond with
the duties of the position.]
N o.
1
O ccu pation nam e.
H ead piler
2 ............
3 ............
4 ............
5............
W ood h a n d le r .................
C onveyer m a n .................
H i verm a n .........................
E n g in eer ...........................
Class.
A
B
C
D
E
F
G
H
I
J
K
L
M
A
B
C
R a te
per h our
(cen ts).
1
2
3
4
5
6
7
8
9
10
11
12
13
1
2
3
6 ............. M otorm an .........................
1 See section 5, u n d er D ecision and aw ard.
43
44
45
46
47
48
49
50
51
52
53
54
55
41
41
42
45
46
47
42
N o.
O ccu pation nam e.
Class.
.......
H ead w ood h a n d ler___
A
B
C
D
E
F
2 .............
3 .............
4............
5.............
6.............
W ood h a n d le r ................
C onveyer m a n ................
S ca le r.................................
S lip m a n .............
. .
T ea m ster..........................
1
R a te
per hour
(cen ts).
1
2
3
4
5 1
6 I
1
1
44
45
46
47
48
49
41
41
41
41
38
Wood room.
[T he head preparer sh a ll b e classified according
to th e n u m b er of rough cords per d a y h e h a s charge
of preparing, th is num b er bein g th e norm al a m o u n t
of w ood con su m ed b y th e m ill. I f tour w ork, h is
class sh a ll b e d eterm in ed b y th e norm al n um b er
of rough cords prepared per tour.
T h e saw y er operating th e sw in g in g sa w sh a ll b e
classified according to th e average n u m b er of cords
he sa w s per d a y or per tour, as th e ca se m a y be.
156
C H A P . V .-----A W ARDS OF N A T IO N A L W A R LABOR BOARD.
T h e saw yer op erating th e alligator saw shall n ot
b e graded on th e cordage b asis.
A n y p osition s in th is section other th an th ose
h o w n , w h ich are m ad e necessary b y special con
d itio n s at a n y of th e m ills of th ese com p an ies, sh all
b e brought to th e a tten tio n of th e jo in t com m itte e,
a n d a rate sh a ll b e fixed w hich w ill correspond
w ith th e d u ties of th e p osition .]
O ccu pation nam e.
N o.
1
.......
H ead preparer.................
2 ............. W ood h a n d ler.................
3 ............. C onveyor m a n ................
4 ............. Saw yer (sw in gin g saw )
Class.
A
B
C
D
E
F
G
1
2
3
4
5
6
7
A
B
C
D
E
F
G
1
2
3
4
5
6
7
Saw yer (alligator s a w ).
4 ..
5 ............. B ark er...............................
S p litter..............................
6.
7_
.
W aste handler_________
1
R a te
per hour
(cen ts).
45
46
47
48
49
50
51
41
41
44
45
46
47
48
49
50
44
43
43
41
Occupation n am e.
1
N o.
1
O ccupation n am e.
......
H ead p ressm a n . . .
2 ............
3 ............
A 1
B 2
C3
D 4
P ressm a n ........................
D eck erm an ......................
R a te
per hour
(cen ts).
i
N o.
O ccupation n am e.
, Class.
S u lp h ite b u r n e r..............................
A cid m ak er......................
A 1
B 2
C3
D 4
3 ............. L im e sla ck er....................
4 ............ L im e h a n d ler.................. 1...........
5 ............ T o w erm a n ........................1...........
1
43
41
C hipp er.............................
<3h ip D in............................
Grinders.
[T h e head grinderm an sh all b e classified b y th e
norm al prod uction of th e ground-w ood mill.J
___
O ccupation n am e.
.......
H ead grinder m a n .........
Class.
A
B
C
D
E
F
G
H
I
J
K
L
M
1
2
3
4
5
6
7
8
9
10
11
12
13
R a te
per hour
(cen ts).
2 ............. Stone sh arp en er.............
3 ............. Grinder m a n ...................
4 ............ B lock h a n d ler .................
45
46
47
48
49
50
51
52
53
54
55
56
57
45
44
43
42
47
48
49
50
43
40
38
Digesters.
1
1
R a te
per hour
(cen ts).
[Cooks an d first helpers shall b e classified accord
in g to th e n orm al p roduction of th e su lp h ite m ill.
T here shall b e one cook per sh ift in each m ill.]
1
N o.
44
46
48
50
42
42
Acid plant.
.......
Class.
R ate
per hour
(cen ts).
[T h e acid m aker shall b e classified according to
th e n orm al prod uction of th e su lp h ite m ill.]
_________
.......
Class.
1
2 ............
Chips.
N o.
Ground-wood presses.
[T he head pressm an shall b e classified according to
th e norm al ca p a city of press of w hich h e h as charge.
A n y p o sitio n in th is section other th a n th ose
sh o w n , w hich are m ade necessary b y special con d i
tio n s at a n y of th e m ills of th ese com p an ies, shall
b e brought to th e a tte n tio n of th e jo in t com m ittee
a n d a rate shall be fixed w hich w ill correspond w ith
th e d u ties of th e position.]
N o.
O ccupation n a m e.
......
C ook....................................
Class.
A 1
B 2
C3
D 4
E 5
F 6
G 7
A 1
B 2
C3
D 4
E 5
F 6
G 7
2 ............. 1st h elp er..........................
3 ............ 2d h elp er...........................
4............. B lo w p it m a n .................
R a te
per hour
(cen ts).
50
51
52
53
54
55
56
43
44
45
46
47
48
49
43
43
Sulphite screens.
Ground-wood screens.
O ccu pation nam e.
N o.
1.
S creen m an .......................
Slivp.rrrian___ _________
2
i
Class.
R a te
per hour
(cen ts).
44
41
N o.
O ccupation n am e.
S creen m a n .........
W a ste h and ler.
Class.
R a te
per hour
(cen ts).
44
41
157
M A N U F A C T U R E R S OF N E W S P R IN T PAPER.
Sulphite presses.
Paper machines------- Continued.
[T he head pressm an shall b e classified according
to th e------normi
™al production of th e su lp h ite ~m’i11
ill.]1
N o.
R a te
C lass, per hour
(c e n ts).
O ccu pation n a m e.
H ead p ressm a n ..............
44
45
46
47
48.
49
50
51
42
42
P r essm a n . . .
D eckerm an.
O ccupation
nam e.
Class.
M achine ten d er.
E 5
F 6
G 7
H 8
I 9
J 10
K 11
L 12
M 13
N 14
0 15
P 16
Q, 17
R 18
S 19
T 20
U 21
V 22
W 23
X 24
Y 25
Z 26
A a 27
B a 28
Ca 29
D a 30
E a 31
F a 32
Ga 33
H a 34
Beaters.
[T he head beaterm an shall b e classified according
to th e norm al production of th e paper m ill.]
j
R a te
[ C lass. per hour
(cen ts).
O ccupation n a m e.
N o.
t
1
.......
2 ............
3 ............
H ead b eaterm aa ............
A 1
B 2
C 3
D 4
E 5
F 6
G 7
H 8
I 9
J10
K 11
B ea te rm a n .......................
Clav and size m a n ____
58
59
60
61
62
63
64
65
66J
68
6 9|
42
43
i
M achine ten d er.
*
A
B
C
D
F irst
hand ,
rate per
1 h our
(cen ts).
1
2 |
3 1
4
59
60
61
62
7$h
80
81|
83
84!
86
871
89
90!
92
94
96
98
100^
103
105!
108
Third
h and ,
ra te per
hour
(cen ts).
48
49
50
51
52
53
54
55
56
57!
59
61
63
63!
65
66!
68
69|
71
72!
74
75!
77 •
79
81
83
85!
88
90!
93
44
44
45
45
46
46
47
47
48!
48J
50
50
51!
51!
53
53
54!
54!
56
56
57!
57!
59
59
61
61
63!
63!
66
66
Basis for classification for machine tenders,
second hands and third hands, paper
machines.
Speed.
fF ourdrinier m ach in es m ak in g w ater-finishpaper
w ith tw o stack s of calenders sh a ll p a y m ach in e
tenders, secon d h an d s, a n d th ird h an d s tw o (2)
cents per hour, and w ith three stack s of calenders
three (3) cents per hour, ab ove th e follow in g rates.
Fourdrinier m ach in es m ak in g dry-finish paper
w ith tw o stack s of calenders s h a ir p a y m ach in e
tenders, second h an d s, a n d th ird h an d s o n e (1)
cent per hour m ore th a n th ey d o on regular n ew s
m ach in es. T h is does n ot a p p ly to m ach in es m ak
in g m ill w rappers.
M achines ru n n in g p erm an en tly on w rapping
papers (m ill w rappers) sh all p a y m ach in e tenders
an d back tenders tw o (2) cents per hour less th an
th e follow ing rates.
C ylinder m ach in es sh all b e classified according
to th e w id th of w ire on cylin der m old , in stead of
w id th of cou ch .]
Class.
63
64
65
66
67
68
69
70
71
72!
74
75!
77
Second
h and ,
rate per
hour
(cen ts).
F ou rth h a n d , 42 cents; fifth hand , 41 cents; and
six th h an d , 41 cen ts.
Paper machines.
O ccupation
n am e.
First
h and ,
rate per
hour
(cen ts).
Second
h and ,
rate per
hour
(cen ts).
44
45
46
47
T hird
h an d ,
rate per
hour
(cen ts.)
42
42
43
43
C lass.
0-200
200-300
300-400
400-450
F rom T o F rom T o From T o From T o
A 1 .
B 2 ...
C 3...........
D 4
E 5
F 6
G7
H 8
1 9 ...........
J 10
K 11___
L 12
M 1 3 ....
N 1 4 ....
O 1 5 ... .
P 16
Q, 1 7 . . . .
R 18___
S 19
T 20
U 21
V 22
50
60
70
80
90
100
110
120
130
140
150
160
3,70
175
180
185
190
195
200
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
205
50 60
60
70
70
80
80
90
90 100
100 110
110 120
120 130
130 140
140 150
150 160
160 170
170 175
175 180
180 185
185 190
190 195
195 200
200 205
50
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
205
50
60
60
70
70
80
80
90
90 100
100 110
110 120
120 130
130 140
140 150
150 160
160 170
170 175
175 180
180 185
185 190
190 195
195 200
200 205
158
C H A P . V .-----A W A R D S OF N A T IO N A L W A R LABOR BOARD.
Basis for classification for machine tenders,
second hands and third hands, paper
machines— Concluded.
450-500
E 5
F 6
G 7 ..........
H 8 .........
1 9 ...........
J 10.........
K 11___
L 12........
M 13----N 14___
O 15........
P 16........
Q 17........
R 1 8 ....
S 19.........
T 20........
U 21 ___
V 22 ........
W 2 3 ....
X 2 4 ___
Y 25 . . .
Z 26. . . .
50
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
60
70
80
90
TOO
110
120
130
140
150
160
170
175
180
185
190
195
200
205
625-650
.......
19
J 10
K 11___
L 12
M 1 3 ....
N 1 4 ....
0 15........
P 16
Q 17.......
R 18___
S 19
T 20
11 21 ___
V 22
W 2 3 ....
X 21___
Y 25 __ _
Z 26
A a 2 7 ...
Ba 2 8 ...
Ca 29
P a 30
50
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
60
70
80
90
100
110
120
130
140
150
160170
175
180
185
190
195
200
205
725-750
50
M 13 . . .
N 14___
60
O 15
70
P 16
80
90
Q, 17 ,
R 18___ 100
110
S 19
120
T 20
U 2 1 ___ 130
V 22
140
W 2 3 .... 150
X 24___ 160
Y 25___ 170
175
Z 26
A a 27 — 180
185
B a 2 8 ..
Ca 29___ 190
D a 3 0 . . . 195
E a 3 1 . . . 200
"Fa 32
Ga 33
H a 34
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
205
500-550
50
60
70
80
90
100
110
120
130
14a
150
160
170
175
180
185
190
195
200
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
205
650-675
50
«0
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
205
750-775
50
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
60
70
80
90
100
no
120
130
140
150
160
170
175
180
185
.190
195
200
205
550-600
50
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
205
675-700
50
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
60
70
80
90
100
110
120
130
140
150
160
170
175
180 ‘
185
190
195
200
205
775-800
50
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
205
600-625
50
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
205
700-725
50
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
60
70
SO
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
205
800-825
50
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
200
60
70
80
90
100
110
120
130
140
150
160
170
175
180
185
190
195
2oO
205
Finishing.
[T h e h ead finisher sh a ll be classified according
to th e n orm al prod uction of th e p ap er th a t h e has
charge of fin ish in g. If th e m ill m ak es sheets, th e
grade of th e head finisher ca n be a d v a n ced o n e
class.
Sheet finishers, w eighers, a n d h ead cu tter m en
shall b e classified according to efficien cy.
A n y p ositio n in th is sectio n other th a n th ose
sh ow n b elo w , w hich are m a d e n ecessary b y special
con d ition s a t a n y of th e m ills of th ese com p an ies,
sh all b e brought to th e a tte n tio n of th e jo in t com
m ittee, an d a rate sh a ll be fix ed w hich w ill corre
spon d w ith th e d uties of th e p ositio n .]
N o.
O ccupation nam e.
......
H ead fin ish er...................
2 ..........
3 ..........
R o ll fin ish er.....................
S heet finisher..................
1
4 ........... C ounter m a n ....................
5 .......... C ounter g irl......................
6 .......... H ea d cutter m a n ..........
7 ..........
8 ..........
9 ..........
10
......
C utter m a n .......................
C utter g ir l.........................
Rp w in d er..........................
W eig h er.............................
11...........
12...........
13...........
14...........
M arker...............................
F irst b aler.........................
B a le r ...................................
C aser...................................
Class.
R a te per
hour
(cen ts).
A 1
B 2
C3
T> 4
E 5
F 6
45
47
49
51
53
55
40
41
42
43
38
33
41
42
43
44
40
33
38
42
43
44
40
40
38
38
A 1
B 2
C3
A 1
B 2
C3
T> 4
A 1
B 2
C3
I
Indoor miscellaneous.
[T h e h ea d paper loader sh a ll b e classified accord
in g to th e norm al p rod uction of th e p aper m ill.
T h e first oiler sh a ll b e classified according to
d uties a n d a b ility .
A n y p ositio n s in th is sectio n other th a n th o se
show n b elo w , w hich are m a d e necessary b y special
con d ition s a t a n y o f th e m ills of th ese co m p a n ies,
sh a ll b e brought t o th e a tten tio n of th e jo in t com
m ittee, an d a rate sh a ll b e fix ed w h ich w ill cor
respond w ith th e d uties of th e p osition . ]
N o.
O ccu pation n am e.
1
H ea d paper load er........
2 ..........
3 ...........
4 ...........
5 ...........
6 ..........
P ap er loader....................
Stock h a n d ler..................
"Weig h e r.............................
Car m a n .............................
Oil k eep er. : .....................
F irst oiler..........................
C lass.
A 1
B 2
C3
D 4
E 5
F 6
G7
A 1
B 2
C3
R a te per
h our
(cen ts).
42
43
44
45
46
47
48
40
38
38
39
39
41
42
43
159
MANUFACTURERS OF N EW SPRIN T PAPER.
Indoor Miscellaneous— Concluded.
No.
8.
O ccu pation n am e.
Class.
O iler....................................
C lean er...............................
F ilte r m a n ........................
Sunday w a t c h m a n
(tim e an d a h alf).
E le v a to r m a n ..................
F e lt m a n ...........................
F irst core c le a n e r ...........
Core clean er......................
Stock s a v e r .,...................
F irst pow er-house m an .
0
10
11
12
13
li
15.
16
17.
Steam plant.
R a te
per h our
(cen ts).
N o.
O ccupation n a m e.
39
38
39
41
F 6
G7
E n g in e o iler.
38
38
39
38
38
57
D y n a m o m a n (classed
b y ca p a city in kilo
w a tts of d yn a m o s).
4
Outdoor miscellaneous.
N o.
O ccu pation n am e.
\.......
R a c k s ..................................
B arn b oss..........................
T e a m s te r ........................... ‘
F irst lab orer___
>
C lass.
A
B
C
D
E
F
1
2
3
1
5
6
L aborer..............................
j G ate keenm"___________
R a te
p er hour
(ce n ts).
38
39
38
39
40
41
42
43
44
38
38
Steam plant.
N o.
l
O ccupation n am e.
......
E n g in eer (classed b y
in d icated h o r s e
pow er of en g in es).
Class.
A 1
B 2
C3
D 4
E 5
R a te
per hour
(cen ts).
49
50
51
52
53
A
B
C
D
E
F
1
2
3
4
5
6
H ea d firem an (charge
of 10 or m ore b o ile rs).
F irst firem an (charge
of 5 or m ore boilers).
C harge of less th a n 5
b oilers.
Coal (o r oil) fir e m a n ...
W ood firem a n .................
C oal h a n d ler....................
W ood h a n d le r ................
A sh h a n d ler....................
B oiler clean er..................
5
[T he first laborer sh a ll b e classified according to
th e im p o rta n ce of th e p osition .
A ny p osition s in th is section other th a n those
sh ow n b e lo w , w h ich are m ad e necessary b y special
con d ition s at a n y of th e m ills of th ese com p an ies,
sh a ll b e brought to th e a tte n tio n of th e jo in t com
m ittee , an d a rate sh a ll be fix e d w hich w ill corre
spon d w ith th z d u ties of th e p o sitio n .]
R a te
per hour
(cen ts).
C lass.
6
7
S,
9
10 ,
li
54
55
42
43
44
43
44
45
16
47
48
50
45
45
42
42
42
45
Repairs.
[H ead repair m en sh a ll b e classified according to
th e n um b er of repair m en in their crew , a n d a ll
others in th e repair section according to their
efficien cy.]
Class.
A 1 ..............................
B 2 ..............................
0 3 ................................
D 4 ...............................
E 5 ..............................
F 6 ...............................
G 7 ..............................
H 8..............................
19
J 10..............................
K 11............................
L 12.............................
M 13.............................
N 14............................
O 15.............................
P 16.............................
...................
H ead
R epair
repair
a n , rate
m a n , rate m
per
hour
p er h our
(cen ts).
(cen ts).
53
53
53
53
53
54
55
56
57
58
59
60
6L
62
63
64
R ep air
helper,
rate per
hour
(cen ts).
50
50
50
50
50
51
52
53
54
55
56
39
40
41
42
43
44
45
46
!
I
Screen plates.
N o.
O ccu pation nam e.
1
R epair m an
p lates).
(screen
Class.
A 1
B 2
C3
D 4
E 5
F 6
G 7
H 8
I 9
J 10
K 11
R a te
per h our
(cen ts).
46
47
48
49
50
51
52
53
54
55
56
N o.
2
O ccu pation nam e.
Class.
R epair helper (screen
p la tes).
A
B
C
D
E
F
G
H
1
2
3
4
5
6
7
8
R a te
per hour
( c e n ts ).
39
40
41
42
43
44
45
46
160
CHAP. V.---- AWARDS OF NATIONAL WAR LABOR BOARD.
Core machines.
N o.
1
O ccu pation n am e.
F irst core m ak er...................................
R ate
p er hour
(cen ts).
N o.
39
2
R a te
per h our
(cen ts).
O ccu pation n am e.
Core m a k er___
38
.......................................!
T . M. G u e rin ,
C. A . C r o c k e r,
Section.
IN T E R P R E T A T IO N O F A W A R D .
July 26, 1918.]
T h e International Paper’ Co. and its em ployees having failed to agree upon the
interpretation of certain points in the award, the following report thereon has been
prepared b y Messrs. Guerin and Crocker:
This section received from the group of employers and the labor group, in the form
of a brief, their understanding of the board’s award of June 27, 1918.
On section 1 of the award the labor group sets up the claim that as the award pertains
to wages and hours of labor and general working conditions, the bonus paid b y several
companies, parties to the award, was wages; that it also was a part of the conditions of
written or verbal agreement that was not disturbed nor in conflict w ith the award; and
that the bonus that was paid up to the tim e of the m aking of the award should be con
tinued as an addition to the m inim um wage scale and be added to the ten ( 10 ) cents an
hour increase that every em ployee was to receive under the award.
On this same section and question the employers claim that i t was the inten t of the
board to create a standard m inim um wage rate as a substitute for and in place of various
rates and forms of compensation that the employers had been paying heretofore; that
the rates of the award are in fact m inim um wage rates to be extended as to the classi
fications; that in the paym ent of back wages for the months of M ay and June, in com
pliance w ith the retroactive feature of the award made, such paym ent of bonuses
should be deducted from the amount of m oney due the em ployees for their retroactive
wages; that the bonuses paid during the period of the hearings were in fact wages.
T h e section decides that if the bonus paid over and above the wage scale agreed to
b y employers and em ployees was a voluntary contribution to the m en on the part of the
companies, and in making this contribution or bonus the employers stated that it was
to continue until further notice, the workmen are not entitled to the bonus in addition
to the wage award m ade b y the National W ar Labor Board unless the employers desire
to continue i t as a voluntary act as was done prior to this dispute arising.
Th e section also finds on account of the notices posted b y the employers that the
bonus would continue until further notice, that they are morally bound to pay this
bonus to the m en until such notice is given to the m en .of the discontinuance, and that
no part of the bonus shall be deducted from the wages of the m en or the retroactive
money that was earned and due the m en b y the award.
In the question of the establishment of the m inim um wage, it was the intent of the
award that each and every man working in the paper m ills of the companies who are
parties to the award should receive an increase in wages of ten ( 1 0 ) cents an hour over
the wages that were received M ay 1 , 1918. The only exception to this rule is where
the employees receive an increase of more than ten ( 10 ) cents an hour in order to bring
their wages to the m inim um provided for in the award.
I t was also the intention of the award that no em ployee should receive a reduction
in h is daily wages from what he was receiving on M ay 1 , 1918, by the changing from
nine (9) to eight ( 8 ) hours a day. In order that this m ay be clearly understood, it is
hereby decided that in each and every case where the em ployee receives his ten ( 10 )
cents an hour on the hourly basis, if the total sum does not bring his daily wages for
eight ( 8 ) hours to an am ount as large as he formerly received for a nine-hour day, addi
tional paym ent must be made in order that his daily earnings shall not be reduced in
any case.
The question has been raised as to the lack of understanding of the duties of the com
mittees of employers and employees as provided for in the award, and how far they
should go. In defining this matter i t is decided that the committees must hold a meet
ing and organize a permanent joint committee, making such rules as they deem neces
sary for the carrying on of their business. The duties of the joint committee shall be:
1 . T o see that each and every workman receives at least ten ( 10 ) cents per hour more
in wages than he was receiving on M ay 1 .
2. To draft the classification scales in harmony with the classifications as set forth in
the award. After each employee receives the ten (10) cents an hour increase, the joint
MANUFACTURERS OF NEW SPRINT PAPER.
161
committee shall put M m in the classification to w hich that wage would rightfully bring
him as a basic classification. A fter that is accomplished, any increase in wages to the
individual workman w hich would cause reclassification m ay be made b y the
employer, provided notice of same is given to the joint committee. A ll changes of
classification after the m en have received their increase in wages and have been
classified b y the joint com m ittee can be taken up b y the workmen and their supqrintendents or employers; and any wages above the m inim um agreed upon shall not
be construed as a violation of this award.
3.
To see that all employers who are parties to this award shall file with the joint
committee the nam e and description of the work each of the m en in their plants was
em ployed at on or before M ay 1 , and the joint committee shall so classify the m en that
their identification as employees performing similar work will have the same title in
all m ills.
A ll grievances of any kind that men m ay have m ust first be taken up under existing
rules, agreement, or regulations that were in effect prior to this award.
In the case of the absence of any separate classifications— such as sulphur cooks, for
exam ple, in one m ill receiving fifty (50) cents an hour, in another m ill sixty (60) cents,
and in another m ill seventy (70) cents— the joint committee is empowered to establish
a classification governing such cases, on the basis of the M ay wages with ten ( 1 0 ) cents
an hour increase.
In regard to section 3 (hours of labor) it is not intended that this ruling on overtim e
shall ap p ly to tour workers, as there is no opportunity for tour workers to work overtime
excep t as provided for in section 7 ; therefore th ey are not entitled to overtim e excep t
as provided for in sectioh 7.
In regard to m axim um wage, on the original schedule the word “ m a x im u m ” in all
cases was elim inated, and it is ruled that the award does not provide for a m axim um
m any case. It sets only the lowest or m inim um wage.
In regard to larger and faster m achine schedules that did not appear on the first
printed list, a list of m inim um rates of wages on all machines is included in the schedule
of rates of wages awarded.
In regard to the question as to the interpretation of section 9, and the term “ boss
machine tender,” when the boss machine tender is acting as foreman section 9 will
alpply, but when he is working under a foreman then section 9 w ill not apply as to
im iting his manual labor to only ten ( 10 ) per cent of his tim e.
A ll other questions as set forth in this brief ask for interpretations that could not be
considered b y the board unless it would grant a reopening of the case. T he quitting
of the men in some of the paper m ills is a direct violation of section 1 of the award, and
no consideration of the question of reopening the case w ill be given b y the board while
any of the m en are on strike or stop work.
T . M. G u e r in ,
C. A . C r o c k e r ,
Section.
I N T E R P R E T A T I O N O F T W O P A R T IC U L A R S O F S E C T IO N 6 O F A W A R D
O F J U N E 27, 1918, I N R E E M P L O Y E E S V E R S U S M A N U F A C T U R E R S O F
N E W S P R IN T P A P E R .
December 19, 1918.]
1 . That the “ Government statistics” [as to the increased cost of living] referred to
in section 6 of the award in the case of the employees versus manufacturers of news
print paper shall be such statistics compiled b y the Department of Labor as, in the
judgm ent of the Commissioner of Labor Statistics of said department, are most fairly
applicable to the case.
2 . That the changes in wages, if any, under section 6 of the award shall be applied
in the form of a percentage corresponding with the percentage of increase or decrease
shown b y the statistics referred to in said section.
D E C IS IO N O F
THE
U M P IR E IN R E E M P L O Y E E S V E R S U S M A N U F A C
T U R E R S O F N E W S P R IN T P A P E R .
January 28, 1919.]
On June 2 7 ,1 9 1 8 , the National W ar Labor Board made and promulgated its decision
and award in this case. The award became effective as of M ay 1 , 1918. The Inter
national Paper Co., one of the employers involved, failed to agree with its employees
on theinterpretation of certain provisions of the award, and a request was made to the
National W ar Labor Board to construe the language of the award on the mooted points.
42668°— 2 1------1 1
162
CHAP. V.— AWARDS OF NATIONAL WAR LABOR BOARD.
The m atter of such construction was b y the board referred to the section w hich bad
previously conducted the case. The members of the section differed in their view s
as to the proper construction to be given certain features of the award, and the National
W ar Labor Board also being unable to agree, the whole matter of the construction of
th e award was referred to the undersigned as umpire.
A hearing was du ly had before the undersigned on January 2 1 ,1 9 1 9 , at which Messrs.
Crocker and Guerin presented their respective views as to the proper construction of
the award and subm itted data pertaining thereto. A nd now, having heard and
considered the matter presented, I find and report as follows:
1 . I decide that the provision of the award adopting a basic 8 -hour day inside the
m ill and a 9-hour day for employees regularly working outside the m ill, w ith tim e
and a half for overtim e, was not intended and shall not be construed to reduce the
d aily earnings of any employee, on the new basis, below the wage which he received
in the same work for the longer basic day on M ay 1 , 1918, and this change of the basic
day shall be deemed effective as of M ay 1 , 1918, for the purpose of computing the
wages accruing since that date. The provision for pay for overtime since M ay 1 , 1918,
applies to tour workers as well as to the other employees. The provisions of section 7
of th e award are w holly prospective in their operation.
2 . I further find and decide that the general increase of wages awarded under
section 5 of the award of the board is based upon the schedule of October 2 1 , 1917,
attached to the award; that the increase shall be effective as of M ay 1 , 1918, and shall
be computed on the basis of the schedule. I further find that the increased wages so
established, on the basis of the schedule referred to, are m inim um wages for the
classifications therein provided, and that where manufacturers had paid wages equal
to the m inim um so established such paym ent shall be deemed a compliance with the
award.
The award of the National W ar Labor Board neither deals w ith nor recognizes
bonuses, or other forms of gratuities, as constituting part of the m inim um wage scale
adopted as the basis for establishing uniform wages for the classifications enumerated
in the m ills. A n y bonus or gratuity paid by the International Paper Co. or b y any
other m ill shall be w holly disregarded in the computation of the arrears of wages
accruing to employees under the award.
3. The section of the board which has had charge of this case agree upon the following
statement and recommendations , 8 in w hich I concur, and I adopt them as part of m y
decision, v iz:
The question has been raised as to the lack of understanding the duties of the com
m ittees of employers and employees as provided for in the award, and how far they
should go. In defining this matter i t is decided that the committees m ust hold a
m eeting and organize a permanent joint committee, making such rules as they deem
necessary for the carrying on of their -business. The duties of the joint committee
shall be:
1 . To see that each and every workman receives at least ten ( 10 ) cents per hour
more in wages than the amount specified in the schedule.
2 . To draft the classification scales in harmony with the classifications as set forth
in the award. After each em ployee receives the ten ( 10 )cents an hour increase, the
joint committee shall put him in the classification to which that wage wotuld rightfully
bring him as a basic classification. After that is accomplished any increase in wages
to the individual workman which would cause reclassification m ay be made b y the
employer, provided notice of same is given to the joint committee. A ll changes of
classification after the men have received their increase in wages and have been
classified b y the joint committee can be taken up b y the workmen and their superin
tendents or employers, and any wages above the m inim um agreed upon shall not be
construed as a violation of this award.
3. To see that all employers who are parties to this award shall file with the joint
committee the name and description of the work each of the men in their plants was
employed at on or before M ay 1 , and the joint committee shall so classify the men that
their identification as employees performing similar work w ill have the same title in
all mills.
A ll grievances of any kind that men m ay have must first be taken up under existing
rules, agreement, or regulations-that were in effect prior to this award.
In the absence of any separate classifications— such as sulphur cooks, for exam ple,
in one m ill receiving fifty (50) cents an hour, in another m ill sixty (60) cents, and in
another m ill seventy (70) cents— the joint committee is empowered to establish a
classification governing such cases, on the basis of the M ay wages w ith ten ( 1 0 ) cents
an hour increase.
8 Seeinterpretation of Section, July 26,1918, printed with the original award.
MANUFACTURERS OF NEW SPRINT PAPER.
163
In regard to maximum wage, on the original schedule the word “ m aximum” in all
cases was eliminated, and it is ruled that the award does not provide for a maximum
in any case. It sets only the lowest or minimum wage.
In regard to larger and faster machine schedules that did not appear on the first
printed list, a list of minimum rates of wages on all machines is included in the schedule
of rates of wages awarded.
In regard to the question as to the interpretation of section 9 and the term “ boss
machine tender, ’ ’ when the boss machine tender is acting as foreman section 9 will
apply, but when he is working under a foreman, then section 9 will not apply as to
limiting his manual labor to only ten (10) per cent of his time.
J o h n L in d ,
SU PPL EM EN TAR Y
R U LIN G IN R E EM PLOYEES
OF N EW SPRIN T PAPER.
Umpire.
v. M AN U FAC TU RERS
May 28, 1919.]
The board rules that a tour worker is that class of workman who is engaged on work
in a paper mill or plant which work is continuous for 24 hours a day, and the tour
worker works for his regular workday 8 hours, with 16 hours off, or, in other words, the
work is of such a nature that the 24 hours’ continuous operation is divided into three
shifts of 8 hours each.
A day worker is a person that is not engaged in a continuous operation.
The board rules that the meaning of Umpire John Lind’s award is that every tour
worker who worked more than 8 hours in any 24 hours from May 1, 1918, up until the
original award was made by this board is entitled to back pay for every such hour of
overtime that he has worked, at a rate of time and one-half ; if the employer lias paid
him straight time for time worked over 8 hours, then he owes him half time for every
hour over the 8 hours he has worked.
The board also rules that all day workers to whom was granted the 8-hour workday
by the award of this board, are entitled to time and one-half pay at the new rate a,
awarded by this board, for all time worked beyond 8 hours in any 24 hours, from May Is
1918.
Decision of the Umpire in re International Association of Machinists, Local
No. 818, v- Wheeling Mold & Foundry Co., Wheeling, W. V a.
3 7 a . O c t o b e r 3 0 , 1918.
The National War Labor Board having agreed to submit to the undersigned for his
determination as umpire one single question, and that only, as follows:
Should the National War Labor Board render a decision granting the demand
of the machinists of the Wheeling (West Va.) Mold & Foundry Co. for a basic
8-hour day, with time and one-half for overtime and double time Sundays and
legal holidays?
I, the said Henry Ford, do hereby answer the said question, Yes.
I
have reviewed the arguments and have given the question due thought and
consideration, and have come to the conclusion stated, but do not deem it necessary
to give my reasons unless your honorable board shall express a desire for the same.
But I can not refrain from expressing my very deep conviction that the straight
8-hour day is much better practice than the so-called “ 8-hour basic day” where
the latter is continually and almost uniformly being practically exceeded in the
number of working hours.
My experience, and also my reason, teaches me that very few emergencies ever
exist in a manufacturing business justifying the practice of exceeding 8 working
hours per day. The strain of 8 hours is enough, and the hours should never be
increased except under the most extraordinary circumstances. I can not dwell too
much on this. For the good of the men, for the good of the employer, and for the
general results, I would admonish those interested to adhere to the straight 8-hour day.
Respectfully submitted.
H e n ry F ord,
Umpire.
164
CHAP. Y.---- AWARDS OF NATIONAL WAR LABOR BOARD.
Award in re Molders v. Wheeling Mold & Foundry Co., Wheeling, W. Va.
371b.
S e p t e m b e r 16, 1918.
This case has been submitted to the board upon a proposed agreement to be entered
into between the members of Local Union No, 364, International Molders’ Union of
North America, and the foundrymen of Wheeling and vicinity.
First. That 8 hours constitute a day’s work for all molders and coremakers.
Second. That the wage rate be $6.50 for the basic 8-hour working day.
Third. That all overtime shall be paid for at the rate of time and one-half.
Fourth. That Sundays and legal holidays, as provided for in the constitution of the
International Molders’ Union of North America (viz, Memorial Day, Fourth of July,
Labor Day, Thanksgiving Day, Christmas, and New Year’s Day), be paid for at the
rate of double time.
The only controversy presented is as to the meaning of paragraph 1.
It is clear that that paragraph standing alone would mean the 8-hour working day
beyond which the employees can not be required or permitted to work. Upon the
principle that the whole of an agreement should be construed together, so that no part
shall be invalid, section 2 can not be held as substituting a basic 8-hour day for the
actual 8-hour day provided by section 1. It is not reasonable to suppose that the
employees having agreed upon an 8-hour day, should by the next rule repeal it by
substituting a 10 or 12 hour day for extra compensation.
The basic 8-hour rule is not an 8-hour day at all, but simply a wage agreement. If
the 8-hour day is extended to 10 hours, then the 50 per cent added pay for the two extra
hours in effect is an agreement to pay 11 hours’ wages for 10 hours’ work, an increase
of 10 per cent. It was doubtless thought that the extra 50 per cent for the extra hours
would discourage requiring extra hours, but this has not been the result in all cases,
for in some plants 10 hours from day to day, every day, has been exacted, and in others
even 13 hours a day has been known to be required. The object of the 8-hour law is to
protect the health and lengthen the lives of employees, which wTould be seriously com
promised by an excessive length of the day’s work.
It has been seriously contended that the *‘ principles ” adopted by this board deprive
it of jurisdiction to enforce an actual 8-hour day. Those principles, however, specify
that in all cases in which existing law does not require the basic 8-hour day, “ the
question of hours of labor shall be settled with due regard to governmental necessities
and the welfare, health, and proper comfort of the workers.”
President Wilson, in his address before a joint session of the two houses of Congress,
August 29, 1916, said that “ The whole spirit of the time and the preponderant evidence
of recent economic experience spoke for the 8-hour day. It has been adjudged by the
thought and experience of recent years a thing upon which society is justified in insist
ing as in the interest of health, efficiency, contentment, and a general increase of eco
nomic vigor. The whole presumption of modern experience would, it seemed to me,
be in its favor, whether there was arbitration or not, and the debatable points to settle
were those which arose out of the acceptance of the 8-hour day rather than those which
affected its establishment. I therefore proposed that the 8-hour day be adopted by
the railroad managements and put into practice for the present as a substitute for the
existing 10-hour basis of pay and service.” And he recommended “ the establishment
of an 8-hour day as the legal basis alike of work and of wages in the employment of all
railway employees who are actually engaged in the work of operating trains in interstate
transportation. ’ ’ Congress enacted what is known as the *‘ Adamson Eight-Hour Law ”
in consequence.
Previous to that time the Federal 8-hour law, approved June 19, 1912, limited “ the
hours of daily service of laborers and mechanics employed upon work done for the
United States, or for any Territory, or for the District of Columbia,” to 8 hours, and
provided that no laborer or mechanic so employed should “ be required or permitted
to work more than 8 hours in any one calendar day upon such work.”
Judge Alschuler, in his decision in the Packing House case, quotes the above ex
pression of the President, and says: ‘ ‘ The public policy of the 8-hour workday has been
given oft-repeated sanction by legislation in the majority of the States, .as well as by
Congress, through enactments of various kinds too numerous for specific mention,”
and quotes the unanimous report of the President’s mediation commission on January
9, 1918, which declared “ The 8-hour day is an established policy of the country.”
H e further said: “ The voluminous evidence adduced at the hearing in support of the
contention for the 8-hour day is in the main logical and convincing, and it is partic
ularly to be noted that in so far as concerns the general principle of the 8-hour day no
evidence to dispute it was presented. Indeed, on behalf of the employers it was
repeatedly, openly, and frankly admitted that a workday shorter than the 10-hour day
was desirable. On behalf of the employers and in the presence of their superinten
W HEELING MOLD & FOUNDRY CO.
165
dents it was freely stated that they all believed in a shorter workday; that they had
said so, and that there was no room for argument about i t .” There is a vast body of
experience that a 10-hour day shortens the lives of the employees, injures their health,
and that in point of production there is an increase by the substitution of 8 hours for a
longer period. Even if this were not true as to one day, the accumulated fatigue of
working more than 8 hours for a series of days reduces the production below the
quantity produced by strict adherence to that limit.
Especially is this so as to the molder’s occupation, the life of whom, working 9 or 10
hours per day, subject to the heat and noxious fumes, is said to average not more than
14 years. In work of this kind there can be no doubt that greater production will be
had by the working of an 8-hour day than by working 9 or 10 hours.
It is not conclusive, though a subject for consideration, that the majority of the other
shops in Wheeling and vicinity are working on a 9-hour basis. All betterment has
come by improving conditions, and not continuing them when bad. Improving con
ditions is the object of this proceeding.
The subject of an 8-hour day is not new, but has been discussed by the general public
by writers, and public men and governmental officials for many years. The first act
for an 8-hour day was passed by Congress in June, 1868, and provided “ Eight hours
shall constitute a day’s work for all laborers, workmen, and mechanics who may be
employed by or on behalf of the Government of the United States.” This act proved
ineffective because, for some reason, Congress had failed to impose any penalty for vio
lation of the act. More effective laws on the subject were passed and were approved
August 1, 1892, June 19, 1912, and in the amendment to the naval appropriation bill,
approved May 3,1917. The latter amended the statute which had authorized the
President to suspend the 8-hour law “ whenever Government necessity required it,”
by providing that while the President in an emergency could suspend the 8-hour day
in such case, the basic 8-hour day should obtain and overtime should be paid for at not
less than time and one-half.
Since that time the President has acted in conformity with the act, but his suspen
sion applies only to the prohibition of working more than 8 hours, and does not require
it. It is still open to the employees to decline to work longer than 8 hours, and in event
of a difference with their employers to submit the matter to the National War Labor
Board.
The railroad employees, from coast to coast, nearly 500,000 in number, are now oper
ating on the basis of the 8-hour day. The same is true of the coal-mining industry, the
packing industry, the newsprint industry, the garment industry, in Government
construction, and in the lumber mills and sawmills of the great Northwest.
It may be that there are industries where it is still necessary to use a longer workday
than 8 hours during the duration of the war, but it does not seem, in consideration of
the conditions, that more than 8 hours should be exacted in the work that a molder
has to perform.
It is the concensus, as President Wilson stated, of students of the subject that the
maximum production is to be had by the adoption of the 8-hour day, and that the
preservation of the health and the lives of the employees will be promoted by that
limitation.
The employers have, as a rule, patriotically given full aid to the prosecution of the
war by placing their splendid plants and their highly skilled chiefs at the service of the
Government. The employees, as a rule, have also, with the same patriotism, yielded
the 8-hour limitation wherever it has been necessary to speed up production for
the Government. The former have received great increase in profit. The latter have
contributed an increase in the hours of labor, and vast numbers of men to fill our
armies. The former have received from the Government; the latter have given to it.
They should not be asked to do so beyond the necessity of the occasion.
The “ Censusof Manufactures’ ’ for 1914, page 482, shows more than 7,000,000indus
trial employees, of whom not more than 12 per cent were under the 8-hour day. This
number has since been increased considerably, but not as rapidly as would have been
the case but for the emergency of the war. Statistics also show that while Australia
and New Zealand have frankly adopted the 8-hour-day limit in all their industries,
in this country the average is still above that figure. This is largely due to the fact
that in the southern mill industry the limt is still 60 hours per week and in the northern
mills 54 hours.
This, however, is no reason why more than 8 hours should be required of the molders,
whose trade exacts greater fatigue and exposure to noxious and dangerous fumes.
That the country has not yet reached the 8-hour day in all cases is no reason why in
this case it should not be upheld. Indeed it may be well considered that as the world
and especially all free countries are “ on their way” to the adoption of the 8-hour
law, might it not be for the interests of the employers frankly to accept it, and avoid
the constant struggle for its attainment by settling the question, once for all.
166
CHAP. V.---- AWARDS OF NATIONAL WAR LABOR BOARD.
When industries were on a small scale and the employer and the employee worked
together, face to face, the fellow-servant doctrine was created by the courts which
exempted the employer from liability for injury inflicted upon an employee b y the
negligence of his fellow servant, upon the ground that the servant contracted with a
knowledge of the character of his coemployees. This became absurd when there
were thousands of employees engaged in the same employment, but it has required
statute after statute to change the judge-made law which had exempted the employer.
In like manner, until very recently, and until changed by statute, the courts held
that if an employee contributed in any degree by his own negligence to the injuries
he sustained, he could not recover. For this there has now been substituted by an
enlightened statute the provision that the damage shall be apportioned, and that the
business shall bear part at least of the loss and the crippled employee shall not bear
it all, or his destitute wife and children, in case of his death. For the same reason
an employee, one of many thousands, is unable to contract on equal terms, either as
to hours of labor, or rate of wages, or proper sanitation, with the employers of vast
numbers of men.^ The law must step in and require protection in these particulars
of its citizens against injury to their health, or shortening of their lives by the fatigue
of excessive hours, inadequate wages, and lack of sanitary provisions.
B y the introduction of machinery and numerous inventions production has been
increased many fold, in some cases a thousandfold. It is not just that the profit
accruing therefrom shall go to the employers alone, without the employees receiving
a fair share of the vastly increased profits.
In Pressly v. Y a m Mill (138 N. <3. 424) it was said by this writer:
The law is not fossilized. It is a growth. It grows more just with the growing
humanity of the age, and broadens44with the process of the suns’ ’ * * *. Labor
is the basis of civilization. Let it withhold its hand, and the forests return and
grass grows in the silent streets. Not so long since, in England, labor unions
were indictable as conspiracies. The wages of laborers were fixed by officers
appointed b y capital, and it was indictable for a laborer to ask or receive more,
There was no requirement that employers should furnish safe appliances, no
limitations as to hours of labor, no age limit. With the era of more just legisla
tion in this country and England, and elsewhere, shortening the hours of labor,
forbidding child labor, requiring sanitary provisions, and safe appliances, labor
has been encouraged, and the progress of the world in a few years has more than
equaled that of all the centuries that are dead. Justice to the laborer has been
to the profit of the employer. The courts should not be less just than the laws.
While an 8-hour day is stipulated for in paragraph 1 of the agreement, there are
emergencies likely to occur when for a brief period that limit may be exceeded. But
the protection of the 8-hour day will amount to nothing if it rests with the employer
alone to declare the emergency. The 50 per cent allowed for overtime is too small
a penalty in view of great profits that may arise. It is true that what is “ an emer
gency’ 1can be and has been defined. Still it rests with the employer to declare that
the facts place the demand within the definition of an emergency. Such emergencies
can ordinarily be met by the adoption of the three-shift system or an increase in
machinery. It is better that the machinery should be worn out than the bodies of
the employees. Man passes through this world but once, and he is entitled, in the
language of the great Declaration, to some “ enjoyment of life, liberty, and the pursuit
of happiness. ”
It has been suggested, as some protection against the abuse of constantly exceeding
the limitation of hours by the employer declaring in his judgment an “ emergency”
to exist, that such extra days should be limited to three days in the week. This would
only be a very partial remedy, for if the employee is overworked three days in the
Week his product will not only fall off during those days, but also during the remaining
days of the week. A better plan would seem to be a provision that the employer
shall appoint a standing committee of two and the employees a similar committee of
two, and as the burden of establishing an emergency is upon those who assert it, the
8-hour limitation should not be exceeded unless at least three members of the joint
committee of four agree that there is an emergency justifying working overtime.
This would avoid also the objection that if there was only one member of the com
mittee on each side factious opposition by the representative of labor might prevent
operation even when there was an emergency requiring it.
For these reasons the following is
T
he
A
w ard
.
Hours —The molders employed b y the Wheeling Mold & Foundry Co., at Wheeling,
W . Va., shall not be required or permitted to work more than 8 hours within any day
W HEELING MOLD & FOUNDRY GO.
167
of 24 hours, except in cases of emergency, and then under the following terms and
conditions:
(a) Overtime work shall be paid for at the rate of time and one-half for all hours
worked in excess of 8 hours, with double time for Sundays and holidays.
(b) The question whether or not an emergency exists, together with the length of
time over which such emergency may extend, and the number of extra hours per day,
shall be determined by agreement) between the management and the working molders
in the shop.
(c) For the purpose of effectuating the agreement mentioned in paragraph 6, a per
manent committee of four persons is.hereby created, two of whom shall be designated
by the management of the plant and two by the working molders in the shop, the
assent of at least three of whom shall be necessary for permission to work more than
8 hours in any day of 24 hours.
Interpretation of award.— For the purpose of securing a proper interpretation of this
award, the secretary of the National War Labor Board shall appoint an examiner,
who shall hear any difference arising in respect to the award between the parties
and promptly render his decision, from which an appeal may be taken by either
party to the National War Labor Board. Pending such appeal, the decision of the
examiner shall be binding.
W a l t e r C l a r k , Umpire.
MOTION FO R N ON CONFIRM ATION OF U M P IR E ’S D ECISIO N .
[September 25, 1918.]
N a tio n a l W
ar
L
abor
B
oard
:
Now comes the Wheeling Mold & Foundry Co. , one of the parties in the above case,
and moves your honorable board that the decision of the Hon. Walter Clark, the
umpire selected by your board to review and decide the issues between the parties
herein, be not confirmed, adopted, or put into operation by your board for the fol
lowing reasons:
1. It appears from the submission of the parties herein and the files and records of the
case that the issues mutually submitted to your honorable board b y the parties hereto
were not considered, passed upon, or decided by the said umpire.
2. It further appears that the decision of the said umpire is based wholly and entirely
upon a mistake in fact, namely, that there is an existing agreement between the parties
hereto which provides for an 8-hour day and a wage rate of $6.50 per day, and that
the question between the parties relates to the proper interpretation of such agree
ment, whereas and as a matter of fact no such agreement exists, the issue between
the parties being whether or not the demand of the Iron Molders’ Union for such an
agreement be granted.
3. Because the issues submitted to your board by the parties hereto are not decided
by the umpire, and because his said decision is based upon a misconception of fact as to
the matter at issue, it would be inequitable and against the proper rights of this com
pany under the submission for the decision of the said umpire to be given effect and
put into operation by your honorable board.
W h e e l i n g M o l d & F o u n d r y C o .,
B y W a l t e r D r e w , Counsel.
R U L IN G O F U M P IR E ON P E T IT IO N TO R E H E A R .
October 5, 1918.]
This is a petition to rehear the decision of the board in this case, filed September 16,
1918. The chief ground urged is that the agreement passed upon had not been actually
adopted b y the parties.
It is true it was a proposed agreement, but the argument on both sides presented the
question whether the agreement, if adopted, would mean an actual 8-hour day or a
basic 8-hour day. If it was the former it was acceptable to the plaintiffs, the em
ployees. If it meant the latter it would be accepted by the defendant company and
imposed upon the workers.
The case was thoroughly argued by both sides with great force and ability, and the
points at issue were clearly understood by the board and the umpire. Upon hearing
the case, the decision was that an actual 8-hour day should be adopted, and as a
protection against overtime “ on emergencies ” it was ordered that nothing should be
held an emergency unless so declared by three votes on a joint board to consist of two
members to be selected by the employers and two by the employees.
168
CHAP. Y.---- AWARDS OF NATIONAL WAR LABOR BOARD.
On a full and careful review of the arguments then made, and the questions presented
b y the petition to rehear, the opinion and award heretobefore made are in every respect
confirmed.
Soon after this opinion and decision of the board had been rendered, and possibly* in
consequence of it, the great United States Steel Corporation, with 300,000 employees,
adopted the 8-hour law, and other companies are doing the same. B y reason of its
position as a great financial and progressive institution, the action of the United States
Steel Corporation marks a distinct advance toward the universal adoption 01 the
8-hour day, especially if there shall go with it the provision of the award in this case
that there shall be no evasion of the “ 8-hour d a y ” upon the declaration b y the em
ployer alone of emergency, but the emergency shall be declared b y a majority of the
joint board appointed b y the employers and employees as stated in the award in this
case.
Long since Mr. Henry Ford, another progressive and successful employer of large
bodies of men, adopted voluntarily the 8-hour day, which is the end toward which
industry is inevitably and irresistibly moving, by reason of it being justice to the
employees and no less to the real interests of the employers and managers of our great
industries.
The motion to rehear is overruled.
W a lt e r C la e k ,
Umpire.
Findings in re Employees v. Frick Co., Emerson-Brantingham Co., Landis
Tool Co., Landis Machine Co., Bostwick-Lyons Bronze Co., Shearer Ma
chine Co., Victor Tool Co., and Cashman Tool Co., all of Waynesboro, Pa.
40.
J u l y 11, 1918.
The decision of the National War Labor Board in the Waynesboro controversy is
as follows:
Hours.— The number of working hours shall be the same as at present.
The board hereby announces that it has under consideration the matter of the determination of the proper working day and the decision here made will be subject to
modificaton when and as the board comes to a determination in that regard.
Overtime.— That time and one-half for ordinary overtime and double time for Sun
days and those holidays fixed by the statute^ of Pennsylvania be granted.
Committees.— That the employers shall meet with committees of their own men in
the various shops.
Paydays.— That pay days shall be once per week on companies’ time and no more
than three days’ pay shall be retained.
Discrimination and coercion.— That there shall be no discrimination against union
men, and that the union shall not be permitted to use coercive means to obtain their
objects in any event.
Wages.— The minimum rates of pay to be as shown below, the lowest rate in no
case to be below 40 cents per hour:
C ents per
hour.
Toolmakers, diemakers, jigmakers, gaugemakers, and bench tool
machinists............................................................................................................ ....60
Journeymen machinists, at least four years’ experience........................ ....55
Specialists, more than three years.................................................................. ....50
Specialists, more than two years..................................................................... ....45
Specialists, under two years..................................................................................40
Maintenance men, on maintenance repairs................................................ ....45
Maintenance men, repairing belts or oiling.....................................................40
Acetylene welders, first six months............................................................... ....45
Acetylene welders, over six m onths..................................................................50
Men on cut-off saw, crane operators, tool crib, and storeroom............. ....40
Machinists’ helpers............................................................................................... ....40
Patternmakers........................................................................................................ ....65
Ironmolders and coremakers.................................................................................65
Blacksmiths, heavy forgers, tool dressers, drop forgers, and wheel
builders.....................................................................................................................65
Blacksmiths’ helpers................................................................................. .......... ....45
Boilermakers........................................................................................................... ....60
Boilermakers’ helpers.......................................................................................... ... 45
Flange turners and layer-out men.................................................................. ... 65
169
NORTHERN INDIANA GAS & ELECTRIC CO.
Cents per
hour.
Boilermaker specialists (such as operators of punches, planers, drill
presses, shears, etc).......................................................................................... ....55
Carpenters and joiners, bench hands, cabinetmakers, millwrights,
and woodworking machine hands...................................................................50
Painters, plumbers, sheet-metal workers, electricians, brick and
stone masons, and other miscellaneous mechanics:
Over 4 years’ experience........................................................................... ....60
Under 4 years’ experience........................................................................ ....50
Cupola tenders....................................................................................................... ....40
Engineers, yard and shifting............................................................................ ....50
Wagon drivers........................................................................................................ ....40
Firemen, brakemen, and chauffeurs........................................ .............. . . .
45
Storeroom and stockroom clerks, attendants, and timekeeping
attendants................................................................................................................45
Helpers and laborers................................................................................................40
Hammermen in cleaning rooms....................................................................... ....40
The board hereby announces that it has now under consideration the matter of
the determination of the living wage, which under its principles must be the mini
mum rate of wage which will permit the worker and his family to subsist in reasonable
health and comfort. That in respect to the minimum established by this finding it
shall be understood that it shall be subject to readjustment to conform to the board’s
decision when and as a determination shall be reached in that regard.
Apprentices.— That apprentices be given an opportunity to learn a trade under
circumstances as to character of work and compensation as may be agreed upon
between committees of the men and their employers.
Piece and premium worlc.— That the request of the employees to the effect that all
piecework and premium work be abolished be denied.
Depression.— That in case of depression, hours be reduced before men are laid off.
Supervision of award.— That for the purpose of carrying out the award of the board,
the board retain jurisdiction over the Waynesboro case, acting through the section
of the board already appointed on the case or through an examiner directed by the
secretary to see that the award is put in force and becomes effective.
Retroactive date.— That the award of this board shall be retroactive as of May 28, 1918.
F r e d e r i c k N. J u d s o n ,
F r a n k P. W a l s h ,
Joint Chairmen.
A w ard in re In tern ation a l B roth erh oo d of E lectrical W ork ers of A m erica
v. N orth ern Indiana Gas & E lectric C o., H am m on d , Ind.
4 5 . N o v e m b e r 2 2 , 1918.
In the case of the International Brotherhood of Electrical Workers versus the
Northern Indiana Gas & Electric Co. at Hammond, Ind., which the parties in contro
versy jointly submitted for adjudication, the National War Labor Board makes the
following award:
Wages.— All linemen employed by this company shall receive 70 cents per hour
and the wages of the other employees shall be increased in the same proportion.
Wages shall be paid weekly, at noon on Saturday.
When workers are called out after midnight, each worker so called out shall receive
at least four hours’ pa^ for each call.
Retroactive pay.— This increase in wages shall be retroactive to June 4, 1918. The
company shall have until January 1, 1919, to make the payment of the back wages
herein provided for.
Hours of labor.— There shall be no change in the hours of labor.
Protection for workers.— The demands of the workers (a) that the company shall
furnish the necessary rubber appliances to protect them in cases of high voltage in
excess of 550 volts, and (b) that the company shall furnish rubber coats and boots to
workers in inclement weather, are granted, and the company is hereby directed to
comply with this order.
Demands denied.— The demands of the workers for an order to provide (a) that free
meals be furnished the workers held after regular hours, ( b) that there be no penaliza
tion of workers in bad weather, and (c) that foremen on jobs be not allowed to use tools,
are denied, for the obvious reasons that the increase of wages and pay for overtime
herein granted amply compensate the workers for the inconveniences suggested in
clauses (a) and (b), and, with reference to clause (c), that such a demand is incon
170
CHAP. Y.— AWARDS OF NATIONAL WAR LABOR BOARD.
sistent with the times and unreasonable in view of the present necessity for the fullest
possible utilization of the forces of production.
Administration of award.— For the purpose of securing a proper interpretation of this
award the secretary of the National War Labor Board shall appoint an examiner, who
shall hear any difference ^arising in respect to the award between the parties and
promptly render his decision, from which an appeal may be taken by either party to
the arbitrators making this award. Pending a decision on such appeal the decision
of the examiner shall be binding.
Period of award.— This award shall continue during the continuance of the war except
that either party may reopen the case before the board on May 1,1919, and at intervals
of six months thereafter, for such readjustments as changed conditions may render
necessary.
W m . H. T a ft ,
F r a n k P. W a l s h ,
Joint Chairmen.
Award in re Employees v. National Refining Co., Coffeyville, Kans.
97.
A u g u s t 2 8 , 1918.
On July 31, 1918, W . A . Parranto, J. C. Greathouse, and F. Balitz, representing—
Brotherhood of Boiler Makers, Iron Ship Builders & Helpers of America.
International Association of Machinists.
International Brotherhood of Blacksmiths.
Oil Refinery Workers Union No. 15184, of Coffeyville, Kans.
Coopers’ International Union of North America.
Brotherhood of Railway Carmen of America, Local No. 55 (Coffeyville, Kans.),
filed complaint against the National Refining Co. at Coffeyville, Kans., giving as their
grievances, these:
Repudiation of contracts between company and employees.
Discrimination against union employees.
Refusal of company to meet or treat with committee of employees.
Basic eight-hour day.
Overtime rates.
Seniority rights of employee.
Increase in wages to provide living-wage scale and meet living conditions in that
territory.
Travel expenses and allowances for men away from home while on road and
treatment of men while on road.
Definition and classification of work.
Demand for improved sanitary conditions.
Demand for minimum-wage scale.
Prior to the 21st of May2 1918, the unions above specified had an agreement with the
National Refining Co., signed by Setzler, its superintendent. Setzler’s employers
claim he had no right to bind them. He says the same. A t any rate the National
Refining Co. repudiates the agreement Setzler signed.
Three conciliators, including W . H. Rogers, of the committee of conciliators for the
Department of Labor, had attempted to compose the differences at Coffeyville without
success.
The workers struck May 21, 1918. On May 23 another conciliator likewise failed
to bring the workers and employers into accord, because at that time the National
Refining Co. refused his offer to serve as mediator.
July 3, 1918, Alpheus Winter, examiner for the National War Labor Board, went
to Coffeyville, but was unable to straighten the matter out.
The men who struck claim that they were willing to return to work but their places
had been filled. They are now willing to return to work.
A t the close of the hearing, we asked both sides to submit briefs, and they have
done so. No question was raised as to the jurisdiction of this board, both sides con
senting to abide by its decisions.
The company claims that the definition of ‘ 4shift m en” is contained in paragraph
2 of the “ understandings” contained in its Exhibit A , and that they embrace: “ Men
engaged in regular shift work which the necessities of the industry require to be done
seven days per week.”
The complainants on j>age 11 of the minutes claim that nobody except stillmen and
their two helpers are shift men. The complainants on page 12 of the minutes claim
that the boiler firemen are not shift men, but the company claims that boiler firemen
are shift men. In their brief (on p. 7) the complainants list the following employees
NATIONAL REFINING CO. COFFEYVILLE. KANS.
171
as shift men who ‘ ‘ waive the right of overtime on Sundays and legal holidays but
request overtime be paid for all work performed in excess of the basic work day” :
Stillmen and helpers.
Refrigerating engineers and press
men.
Sweat pan pumpers and helpers.
Boiler house firemen.
Water tenders.
Boiler washers.
Filter house pumpers and helpers.
Earth burners and helpers.
Agitators treaters and helpers.
Pumpers and gaugers.
(Itemization of p. 5 of the company’s brief does not show which of the men listed
there are helpers.)
The section makes the following award:
1. Wage scale.— The following scale of wages shall be paid:
Occupation name and rate per hour.
Boiler makers, machinists, {
and blacksmiths....................
Helpers.........................................
In sp ecto rs.................................
Carpenters....................................
Air brake m en............................
Running repair men................
Truck m en...................................
Steam fitters................................
Helpers........... .............................
Stillmen........................................
Stillmen helpers........................
Refrigerators engineers...........
Pressmen..................... ................
Sweat pan pumpers..................
Sweat pan helpers....................
Barrelers.....................................
Barrelers helpers.......................
Boiler house firemen................
Water tenders............... .............
Boiler washers............................
Filter house pumpers..............
Earth burners.............................
Earth burners helpers.............
Agitators treaters.......................
Agitators treaters helpers. . . .
Acid plant men.........................
Acid pant helpers.....................
Acid plant straight day men.
Barrel house—
Head filler...........................
Filler helper.......................
Barrel loader......................
Barrel painter....................
Barrel stenciler..................
Barrel gluer........................
Head barrel loader...........
Local man...........................
Local man helpers............
Barrel house car checkers
Head barrel loaders.........
LtS.
75
65
72J
724
724
724
62|
674
574
724
624
574
574
574
504
574
504
624
574
524
624
574
504
594
524
58-|
544
574
544
504
50
504
524
544
604
574
504
474
504
Grease works—
Grease makers...................
Grease makers helpers.. .
Grease loaders..................
Grease work boys, begin-
Cents.
694
544
504
32|
n i n g . . ................................................
All local m en.....................
504
Head oil casers..................
574
Head oil casers helpers. .
524
Truck drivers, $112.50 per
month.
Compound department—
Compounders....................
674
Compounders helpers___
574
Yard men— Flat rate......... ..
501
Loading rock—
First man . . . . . . .................
624
Second man........................
m
Third man...........................
474
Storeroom men—
First storeroom keeper__
574
504
Second storeroom keeper.
Oil testers—
Oil testers............................
424
Sample boys.......................
324
Pumpers............................ ..
594
Gaugers.................................
501
Water drawers....................
524
504
Trap pumpers....................
Teamsters............................
95
Painters................................
60
Painters he] pers. . . , ..........
504
■ Still cleaners—
Crude stills, per still___
$6.00
High pressure still clean
ers......................................
52J
Coke still cleaners—
Nov. 1 to Mar. 31, per
still....................................
$8. 50
Apr. 1 to Oct. 31, per
still.................................... $10.00
Coopers shall be paid 55 cents jper hour, provided that whenever a higher rate is
paid by the Sinclair Refining Co., either by voluntary action of that company or under
finding or recommendation of this board, the same rate shall be paid coopers by the
National Refining Co.
2.
Period of award.— This finding shall be considered as of date of July 30,1918, and
shall continue during the period of the war. with the right on the part of the employers
or employees to apply for relief from or modification hereof at the end of any sixmonths’ period, providing 30 days’ notice is given by one side to the other of such
intention.
172
CHAP.
V . ---- AWARDS
OF NATIONAL WAR LABOR BOARD.
3. Basic day.— Eight hours shall constitute a day’s work, which shall begin at 8 a. m.
and end at 5 p. m., except where three shifts are worked. Where there are three
shifts the hours shall be so arranged that the time of one shift will not overlap the time
of the other.
Men engaged for regular shift work which the necessities of the industry require to
be done seven days per week shall receive overtime pay only for hours worked in
excess of eight hours, that is, for these men. Sundays and holidays shall be considered
as regular working days so far as overtime is concerned.
The following employees shall be classed as shift men:
Stillmen and helpers.
Refrigerating engineers and pressmen.
Sweat-pan pumpers and helpers.
Boiler-house firemen.
Water tenders.
Boiler washers.
Filter-house pumpers and helpers.
Earth burners and helpers.
Agitators treaters and helpers.
Pumpers and gaugers.
4. Overtime pay.— The workers shall be paid one and one-half times the regular wages
for all time in excess of 8 hours, and double time for Sundays and holidays, except
where they are shift workers (see sec. 3). Holidays shall be New Year’s, Washing
ton’s Birthday, Lincoln’s Birthday, Decoration Day, Fourth of July, Labor Day,
Thanksgiving Day, and Christmas. For each call to fight fire at night the workers
shall be paid for 2J hours at least, at double time. If sent away from his home station
to work, an employee shall receive not less than 8 hours for each day away and shall
be allowed time for traveling to and from the job, and overtime rates for traveling
during the overtime hours, and all necessary expenses.
5. Discharge of employees.— No man shall be discharged or removed from the service of
the company without just and sufficient cause, and every employee shall have the
right to present his grievance to the shop foreman and, if unable to agree, may appeal
his case to the higher officials of the company. If it is found that he has been unjustly
discharged or dealt with, he shall be reinstated and paid for time lost. In such latter
event the investigation shall be held upon the company’s time, but if the result of
the investigation shows that he has been properly discharged or dealt with, investiga
tion shall be upon the employee’s time. No employee shall be discharged for mem
bership in trade-unions, or for legitimate trade-union activities.
6. Return of employees to former positions.— The impracticability of returning each
man to his former position is mutually recognized, but the company will receive ap
plications from, and first consider and return to work, former employees if found
desirable and competent; it being agreed that membership in a union or participation
in strike shall not be a bar to reemployment.
7. Collective bargaining.— The principles upon which the National War Labor Board
is founded guarantee the right to employees to organize and to bargain collectively,
and there shall be no discrimination or coercion directed against proper activities of
this kind. Employees in the exercise of their right to organize also shall not use
coercive measures of any kind to compel persons to join their unions, nor to induce
employers to bargain or deal with their unions. As the right of workers to bargain
collectively through committees has been recognized by the board, the company
shall recognize and deal with such committees after they have been constituted by
the employees.
8. Sanitary conditions.— A sufficient number of sanitary drinking fountains, toilets,
lockers and bathing facilities shall be installed in all departments and kept in a clean
and sanitary condition. Sanitary drinking fountains shall be installed so that they
can be kept packed with ice from May 15 to October 15 of each year.
9. Reinstatement of certain employees.— The question of reinstatement of R. J. Lennington, W . W . Whitlock, J. Murphy, and James Mays shall be decided by the
examiner named by the secretary o f this board.
10. Interpretation of award.— For the purpose of securing a proper interpretation of
this award the secretary of the National War Labor Board shall appoint an examiner,
who shall hear any differences arising in respect to the award between the parties
and promptly render his decision, from which an appeal may be taken by either
party to the section making this award. Pending sucn appeal the decision of the
examiner shall be binding.
F r e d e r ic N . Ju d s o n ,
W m . H arm an B lack,
Section.
173
NEW ORLEANS RAILWAY & LIGHT CO.
D ECISION ON MOTION FOR R E H E A R IN G AN D APPEAL" FROM AD M IN IS
T R A T O R ’S D ECISION IN R E EM PLO YEES v. N A T IO N A L R E F IN IN G CO.,
C O FF EYVIL LE, K AN S.
[April 30,1919.]
This is a decision on a motion for rehearing made by employees, and an appeal by
the company from a decision made by Administrator Flynn, under the award in the
above case. The men appeal from paragraph 6 of the decision, which reads—
The impracticability o f returning each man to his former position is mutually
recognized, but the company will receive applications from, and first consider
and return to work, former employees if found desirable and competent; it being
agreed that membership in a union or participation in strike shall not be a bar
to reemployment.
Upon this point, it having been called to our attention that it was not mutually
recognized, we amend this paragraph so as to read as follows:
W e realize the difficulty of returning each man to his former position, but the
company-will receive applications from, and first consider and return to work,
former employees if found desirable and competent; it being agreed that mem
bership in a union or participation in strike shall not be a bar to reemployment.
The facts were that the company was not returning men to their, former employment
when occasion offered in compliance with the award above quoted. The men there
fore appealed to the administrator, and after very painstaking efforts on his part to
adjust the matter he was finally instructed by Mr* Woods, chief administrator, to
hold a hearing upon the alleged violations of the award. This hearing was held and
it developed that the company was not filling the vacancies with men who held such
positions previous to the strike.
After a careful reading of the evidence, we are convinced of the justice of the ad
ministrator’s decision,9 dated December 16, 1918, which is contained in the files,
and we direct that the company comply with such decision of the administrator.
F. N. J u d s o n ,
W il l ia m
H arm an
B lack,
Section.
Findings in re Employees v. New Orleans Railway & Light Co.
9 8. J u l y 3 1 , 1918.
The arbitrators make the following findings and award:
Wages.— The wage scale for motormen and conductors shall be:
First three months of service, 38 cents per hour.
Next nine months of service, 40 cents per hour.
Thereafter, 42 cents per hour.
Wages of other employees. —The wages of employees other than motormen and con
ductors which have been submitted to the arbitrators for fixation shall be increased
by the same percentage as the maximum of the wage scale paid to motormen and con
ductors is increased by this award; provided, however, that if this percentage increase
does not bring the wage of any adult male employee up to a minimum of 42 cents per
hour, he shall be paid said minimum of 42 cents per hour.
Interpretation of the award.— For the purpose o f securing a proper interpretation of
the award, the secretary of the National War Labor Board shall appoint an examiner
who shall hear any differences arising in respect to this award between the parties and
promptly render his decision, from which an appeal may be taken by either party to
the arbitrators making this award. Pending the appeal the decision of the examiner
shall b e‘binding.
Effective date.— This award is to take effect as of July 1, 1918, and shall continue for
the duration of the war, except that either party may reopen the case before the arbi
trators at periods of six months’ intervals, beginning February 1,1919, for such adjust
ment as changed conditions may render necessary.
9 “ N o outsiders to be employed until the applications of former employees be exhausted.
“ W hen there is a vacancy m any position where the company has on file an application from a former
employee, he shall be reinstated to his former position in preference to any other person, and this reinstate
m ent to be made according to seniority.
“ A ll persons who have been promoted to positions for which former employees have made application
since October 17 be reduced or transferred to the positions which they held before that date, even though
it become necessary to discharge some of the new men employed since that time.” — From examiner’s
rulings, Dec. 1 6 ,19iS.
174
CHAP. V.---- AWARDS OF NATIONAL WAR LABOR BOARD.
Financial recommendation„— This increase in wages will add substantially to the
operating eost of the company and will require a reconsideration by the proper regu
lating authority of the fare which the company is allowed by law to collect from its
passengers.
We make part of this award the words we have used in the award in the Cleveland
case:
W e have recommended to the President that special congressional legislation
be enacted to enable some executive agency of the Federal Government to con
sider the very perilous financial condition of this and other electric street rail
ways of the country, and raise fares in each case in which the circumstances
require it. W e believe it to be a war necessity justifying Federal interference.
Should this be deemed unwise, however, we urge upon the local authorities
*
and the people of the locality the pressing need for such an increase adequate to
meet the added cost of operation.
This is not a question turning on the history of the relations between the local
street railways and the municipalities in which they operate. The just claim
for an increase in fares does not rest upon any right to a dividend-upon capital
long invested in the enterprise. The increase in fare must be given because of
the immediate pressure for money receipts now to keep the street railways run
ning so that they may meet the local and national demand for their service.
Overcapitalization, corrupt methods, exorbitant dividends in the past are not
relevant to the question of policy in the present exigency. In justice the
public should pay an adequate war compensation for a service which can not
be rendered except for war prices. The credit of these companies in floating
bonds is gone. Their ability to borrow on short notes is most limited. In the
face of added expenses which this and other awards of needed and fair compen
sation to their employees will involve, such credit will completely disappear.
Bankruptcy, receiverships, and demoralization, with failure of service, must
be the result. Hence our urgent recommendation on this head.
W m. H. T a f t ,
F r a n k P. W a l s h ,
Arbitrators
R E V ISIO N OF A W A R D .
October 24, 1918.]
This complaint, which involved the wages of the platform men, the mechanics,
and workmen other than platform men, was heard in July and an award was made on
the 31st of that month. The wages of the platform men were increased from a maxi
mum of 24J cents per hour to a maximum of 42 cents per hour. The award, however,
directed that the mechanics other than the platform men should have a proportionate
increase. This was an inadvertence and an error in that the mechanics other than
the platform men had really had a higher rate of wages than the platform men. The
increase amounted to 71 per cent and it was far too great and led to excessive wages
for the latter class of employees.
W e have given great consideration to this case and have reached a conclusion that
the platform rates should be as already found—
38 cents per hour for the first three months.
40 cents per hour for the next nine months.
42 cents per hour thereafter.
We set aside our further award as to the mechanics and workmen other than the
platform men, which was suspended in its operation early in September, and we now
award for these employees an increase of 10 cents an hour, with the limitation that
for all employees except apprentices the minimum wage shall be 38 cents an hour,
and with the further limitation that none of these increases shall operate to carry the
rate per hour for journeymen to a figure in excess of the present union craft rates in
New Orleans.
The section notes with satisfaction that the commission council of New Orleans has
recognized the equity of the suggestion of the section that the rates charged by the
company for its various services shall be increased to meet the added obligations
imposed, by its award, upon the company.
W m . H. T a ft ,
F r a n k P. W a l s h ,
Arbitrators.
175
POLLAK STEEL CO., CIN CINN ATI.
AP P E A L FROM E X A M IN E R S ’ IN T E R P R E T A T IO N O F R E V IS IO N OF
AW ARD.
December 17, 1918.]
It appearing that examiners under the authority contained in the revision of award
gave an interpretation on the clause of the award dealing with the wages of employees
other than platform men, their interpretation reading as follows:
Where the 10 cents increase awarded to other employees carries the wage of any
employee beyond the union craft rates, such employee shall be paid only the
union craft rate. Where the 10 cents increase, however, fails to bring the rate
up to the union craft rate, he shall not receive more than the 10 cents increase as
awarded by the board.
And it further appearing that Local 194 of the Amalgamated Association of Street
& Electric Railway Employees of America, comprising the complainants in this case,
through its president, j . Stadler, appealed from that interpretation and contended
that the award should bring the wages of other employees up to the union craft wages
in New Orleans, and it appearing further that the language of the award is so plain
and unambiguous that no interpretation could be put thereon other than the interpre
tation made by the examiners as above:
It is therefore ordered that the interpretation as set out of the examiners on which
this appeal is taken be, and the same hereby is, sustained and the appeal be dismissed.
W m . H . T aft,
B a s il M . M a n l y ,
Arbitrators.
Award in re Employees v. Poliak Steel Company, Carthage, Cincinnati, Ohio
102.
A u g n s 't 2 1 , 1918.
The National War Labor Board hereby urges the management and the employees of
the Poliak Steel Company to do everything in their power to maintain the maximum
production ol war necessities and to cooperate in every way to attain this end.
Working conditions.— The complaints presented by the employees relative to work
ing conditions are hereby referred to the shop committee and the proper officials of the
company for disposition, as provided in rule 6 of the existing agreement.
Length of workday.— The determination of the length of the workday is a matter
upon which this section is unable to agree, and the question is therefore referred to
the full National War Labor Board. The workday now in effect may be subject to
modification when and as the board comes to a determination in that regard.
Wages.— The minimum rate of pay for adults, common labor as well as skilled and
semiskilled, shall be forty (40) cents per hour.
The following shall be the schedule of rates:
Occupation name and rate per hour.
Day rate, axle shop:
Cents.
Axle maker................................ 86
82
Heater.........................................
Rougher...................................... 62
Crane tender.............................
61
Fireman...................................... 60
Hammer driver........................
61
Tonnage rate, axle shop:
Axle maker...............................
73
Heater.........................................
69
50
Rougher......................................
Crane tender............................. 49
Fireman...................................... 48
Hammer driver........................ 49
Hammer No. 10:
Hammerman............................. 92
Heater.........................................
60
1st stoker.................................... 42
2d stoker..................................... 40
Tailer............... . ......................... 40
Crane tender............................. 40
Fireman...................................... 40
Pole pusher............................... 40
Hammer driver........................ 40
Hammer No. 14:
Cents.
Hammerman.............................
72
Heater.........................................
55
1st stoker.................................... 40
Crane tender.............................
40
Hammer driver........................
40
Hammer No. 11:
Hammerman............................. 105
Heater.........................................
70
1st stoker....................................
45
2d stoker..................................... 40
3d stoker..................................... 40
4th stoker...................................
40
Tailer........................................ ..
41
Crane tender.............................
40
Fireman......................................
40
Pole pusher........................ . . .
40
Hammer driver........................
40
Hammer No. 12:
Hammerman.............................
72
Heater...................................
50
1st stoker....................................
40
Tailer................. .........................
40
Crane tender.............................
40
Fireman......................................
40
Hammer driver........................
40
176
CHAP. V.---- AWARDS OF NATIONAL WAR LABOR BOARD.
Tool dresser, 70 cents per hour; blacksmith, 60 cents per hour; and blacksmith’s
helper, 45 cents per hour.
All other tonnage, piecework, or day rates not herein specified shall be increased
fifteen (15) per cent.
Night-work bonus.— Men employed on the night shift shall receive compensation
five (5) per cent higher than those employed on the day shift. This shall apply to
both second and third turn or shift.
Period of award.— The provisions of the existing agreement between the Poliak
Steel Co. and its employees shall continue without change except as they may be
affected by this award.
The wage award is to take effect as of April 2, 1918, and shall remain in force until
April 2,1919.
The company shall be allowed until October 1, 1918, to make the payments to its
employees of the back pay due them under this award.
A dam
John
W il k in s o n ,
P e r k in s ,
F.
Section.
SU P P L E M E N TA R Y A W A R D .
March 29, 1919.]
Hours of labor.— On and after March 15, 1919, eight hours shall constitute a day’s
work.
Overtime.— Daily overtime shall be compensated at the rate of time and one-half
and Sundays and holidays at double time.
A dam
John
W il k ih s o n ,
P e r k in s ,
F.
Section.
Award in re Building Trades Employers’ Association of Cleveland, Ohio, v.
International Hod Carriers’ Union, Building & Common Laborers’ Union.
104.
J a n u a r y 1 5 , 1 91 9 .
memorandum
to
the
board
.
This is a joint submission by the parties specified above and involves the class of
men known as building laborers.
Previous to the controversy the men were divided into classes— namely, unskilled
and semiskilled— and were receiving 40 cents and 45 cents per hour, respectively.
The men asked for a flat rate of 60 cents, which was denied; and the employers offered
a rate of 50 cents and 55 cents. The men went back to work on a compromise figure
of 55 cents flat, pending the decision of the case by the War Labor Board.
Your section feels that no further increase is justified. Furthermore, it feels that
to attempt to reduce the rate which is now being paid under the temporary agreement
would undoubtedly precipitate trouble. Your section therefore recemmends the
following award:
aw ard
.
Rate of wages to be paid to the building trades laborers shall be the rate which is
now in force— namely, 55 cents per hour.
This award shall continue in force for the duration of the war, except that on May 1;
1919, and at the expiration of each six months thereafter, either party may reopen
the case for such adjustment as changed conditions may render necessary.
C. A .
T. M.
Crocker,
G u e r in ,
Section.
Findings in re Franklin Local Union No. 4, International Printing Press
men’s and Assistants’ Union of North America v. Franklin Division of
Franklin Typothets© of Chicago.
105.
S e p t e m b e r 2 7 , 1918.
The board finds that the index of the Bureau of Labor Statistics for cost of living
in Chicago, 111., shows percentage increase since the date of the wage adjustment
between the parties to this controversy in December, 1917, is 16.2 per cent and the
award following is based solely upon this consideration.
NEW YORK STATE RAILWAYS
(ROCHESTER).
177
AWARD.
Wages.— The wages of all members of Franklin Union No. 4 of the International
Printing Pressmen’s and Assistants’ Union employed by the Franklin Division of the
Franklin Typothetse of Chicago shall be increased by the sum of three dollars and
fifty cents ($3.50) per week.
Retroactive pay.— This award shall be retroactive to the date upon which the indi
vidual members of Franklin Union No. 4 returned to work following the submission
of this case to the National War Labor Board on June 12, 1918.
Working hours.— The hours of night workers shall be forty-eight (48) per week, as
at present.
Period of award.— The rates herein fixed, except as changed by minor readjust
ments, shall remain in force during the war; provided, however, that on the first day
of February, 1919, and at the end of each six months’ period thereafter, should con
ditions materially change, making a readjustment by this board equitable, application
may be made to the board by either party.
Supervision of award.— The secretary of the National War Labor Board shall assign
ah examiner to supervise the execution of this award. Should a controversy arise in
respect to the interpretation of the award, an appeal may be made to the board,
pending which the decision of the examiner shall be enforced.
W m. H . T a f t ,
F r a n k P. W a l s h ,
Joint Chairmen.
Findings in re Employees v. New York State Railways (Rochester).
120 .
J u l y 3 1 , 191 8 .
The arbitrators make the following findings and award:
Wages.— The wage scale for motormen and conductors shall be:
City lines—■
v First three months of service, 41 cents per hour.
Next nine months of service, 43 cents per hour.
Thereafter, 45 cents per hour.
Interurban lines, 47 cents per hour.
West Shore Railroad, 50| cents per hour.
Wages of other employees.— The wages of employees other than motormen and con
ductors which have been submitted to the arbitrators for fixation shall be increased
by the same percentage that the maximum of the wage scale paid to motormen and
conductors is increased by this award; provided, however, that if this percentage
increase does not bring the wage of any adult male employee up to a minimum of
42J cents per hour, he shall be paid said minimum of 42J cents per hour.
Interpretation of award.— For the purpose of securing a proper interpretation of the
award the secretary of the National War Labor Board shall appoint an examiner, who
shall hear any differences arising in respect to this award between the parties and
promptly render his decision, from which an appeal may be taken by either party to
the arbitrators making this award. Pending the appeal the decision of the examiner
shall be binding.
Effective date.— This award is to take effect as of June 15, 1918, and continue for the
duration of the war, except that either party may reopen the case before the arbitrators
at periods of six months’ interval, beginning February 1, 1919, for such adjustment as
changed conditions may render necessary.
The company shall be allowed until September 1,1918, to make the payment to the
employees of the back pay due them under this award.
Financial recommendation.— This increase in wages will add substantially to the
operating cost of the company and will require a reconsideration by the proper regu
lating authority of the fares which the company is allowed by law to collect from its
passengers.
W e make part of this award the words we have used in the award in the Cleveland
case:
We have recommended to the President that special congressional legislation
be enacted to enable some executive agency of the Federal Government to con
sider the very perilous financial condition of this and other electric street railways
of the country, and raise fares in each case in which the circumstances require it.
We believe it to be a war necessity justifying Federal interference. Should this
be deemed unwise, however, we urge upon the local authorities and the people
4 2 6 6 3 ° — 2 1 --------1 2
178
CHAP. V.---- AWARDS OF NATIONAL WAR LABOR BOARD.
of the locality the pressing need for such an increase adequate to meet the added
cost of operation.
This is not a question turning on the history of the relations between the local
street railways and the municipalities in which they operate. The just claim for
an increase in fares does not rest upon any right to a dividend upon capital long
invested in the enterprise. The increase in fare must be given because of the
immediate pressure for money receipts now to keep the street railways running
so that they may meet the local and national demand for their service. Over
capitalization, corrupt methods, exorbitant dividends in the past are not relevant
to the question of policy in the present exigency. ^ In justice, the public should
pay an adequate war compensation for a service which can not be rendered except
for war prices. The credit of these companies in floating bonds is gone. Their
ability to borrow on short notes is most limited. In the face of added expenses
which .this and other awards of needed and fair compensation to their employees
will involve, such credit will completely disappear. Bankruptcy, receiverships,
and demoralization, with failure of service, must be the resalt. Hence our urgent
recommendation on this head.
W m . H. T a f t ,
F r a n k P. W a l s h ,
Arbitrators.
O R D E R IN R E IN TE R V E N TIO N OF ROCHESTER & SYRACUSE RAILRO AD
CO. (INC.).
April 10, 1919.]
The Rochester & Syracuse Railroad €o. (Inc.), in October, 1918, filed an intervening
petition in the matter of employees members of Divisions 282, 580, and 532 of the
Amalgamated Association of Street & Electric Railway Employees of America r . the
New York State Railways Co., in which case an award had already been made b y this
board, dated July 31,1918.
The intervening petition recites that the Rochester & Syracuse Railroad Co.,
operating interurban trolley lines, enters the city of Rochester over the tracks of the
New York State Railways Co.; that the Rochester & Syracuse Railroad Co. employees
are members of the Brotherhood of Locomotive Engineers and the Order of Railway
Conductors; that the employees of the New York State Railways Co. are members of
the Amalgamated Association of Street and Electric Railway Employees of America;
that there is a contract between the New York State Railways Co. and its employees
members of the Amalgamated Association, under which the cars of the Rochester &
Syracuse Railroad Co. entering the city of Rochester must be turned over to employees
of the New York State Railways Co. at the city lines and be operated by the latter
within the city limits of Rochester; that on May 1,1918, the Amalgamated Association
employees of the city lines presented an application to the War Labor Board for
an increase of compensation; that no application was presented for the employees of the
Rochester & Syracuse Railroad Co. but at that time this company agreed with the
Commissioner Wm . L. Chambers of the United States Board of Mediation and Concilia
tion and with its own employees that it would establish a scale of wages upon its road
similar to the scale established by the War Labor Board on the New York State Railways
lines. The intervening petitioner prayed that this board would make such rulings
as were necessary to permit the operation of its own cars in and out of the city of
Rochester by its own employees. The New York State Railways Co. and the Amal
gamated Association of Street & Electric Railway Employees of America Divisions
282, 580, and 532, were made parties to this intervention and a hearing was had. The
Brotherhood of Locomotive Engineers and the Order of Railway Conductors likewise
intervened and joined in the prayer of the Rochester & Syracuse Railway Co. as above
set out.
A t the hearing it was shown that when a car of the intervening petitioner reached
the city line of Rochester, the trainmen turned it over to the employees of the New
York State Railways Co. and then waited approximately one hour until the car was
brought back by the said employees to the city line; that the time lost by having the
crews idle equals $17,771.85 per annum.
The New York State Railways Co. appeared and joined in the request that this
contract with the Amalgamated Association be set aside and that the employees of
the interurban company be allowed to operate the cars of the interurban company
within the city of Rochester. The city employees, members of the Amalgamated
Association, appeared and objected to this board’s setting aside an existing contract
under which they had the right to operate within the city of Rochester the cars of the
interurban company.
GENERAL ELECTRIC CO., SCHENECTADY.
179
The existence of this contract will not preclude this board from making such an
order as would properly adjust the equities in this situation when the contract itself
was made in disregard of the interests of a third party not a party thereto, and without
the consent of such third party whose rights are materially affected b y this contract.
The board can establish as a condition precedent to the continuation of the wage scale
awarded to these Amalgamated Association employees of the New York State Railways
Co., the abandonment by such employees of their right to operate within the eity of
Rochester the cars of the Rochester & Syracuse Railroad Co.
But this contract will expire on May 1, 1919. W e are, therefore, not compelled to
pass an order which would mean a cancellation of one of its terms in order to do sub
stantial justice. The present practice complained of by the Rochester & Syracuse
Railroad- is wasteful, results in material loss, operates in the enforced idleness of em
ployees of both these roads who could otherwise be profitably employed, and this
practice therefore, in our opinion, should not be continued.
W e therefore order that when this contract expires on May 1, 1919, that this term,
being section 42 thereof, whereby the New York State Railways Co. is obligated to
permit its own’Amalgamated employees to operate the cars of the Rochester & Syracuse
Railroad Co. within the city limits of Rochester, be stricken out, and that any new con
tract made should be without any such provision.
W m . H . T aft,
B a s il M . M a n l y ,
Joint Chairmen and Section.
F in d in gs in re E m p lo y ee s v . G en eral E lectric C o., Schenectady W ork s.
127.
J u l y 3 1 , 1918*
Bonus as mctges.— The present bonus of ten (10) per cent shall become wages.
Men’s wages.— For men there shall b e a horizontal increase of ten (10) per cent in
day and piece rates, except in the following trades:
Steam fitters,
Carpenters,
Narrow and wide gauge men,
Painters,
Metal polishers.
Pattern makers,
who shall receive an increase of fifteen (15) per cent.
Men employed on night shifts shall receive compensation five (5) per cent higher
than those employed on day shifts. In no ease shall any male employee twenty-one
(21) years of age or over receive less than forty-two (42) cents per hour.
Women’s waqes.— In all classes of employment there shall be an increase of twenty
(20) per cent in the wages of all adult women, and no woman shall receive less than
fifteen dollars ($15) per week.
In all cases where women perform the same work as men, their pay shall b e the same.
In the case of the scrub women, a minimum wage of tea and one-naif dollars ($10.50)
per week for the present hours of service is granted.
Overtime.— In calculating the overtime rate for piecework, the piece rate shall be
used as a basis and not the day rate. Provided that this change: from former practice
shall be found b y the supervising examiner to be impracticable or subject to abuse,
he may direct a return to former practice and fix adequate proportionate day rates
upon which all overtime shall be calculated.
The clerks9 case.— The complaint presented by the clerical workers was presented at
such a late hour, and the evidence is so unsatisfactory, that an award will he postponed
for further evidence to be taken by the examiner assigned to supervise the execution
of this award.
Hours.— The evidence in this case shows that prior to the submission of this contro
versy to the arbitrators the employees demanded a 44-hour week, and that subse
quently thi^ demand was altered to arequeat for a 48-hour week. Inasmuch, however ,
as the women in this plant are at this tim e working only 48 J hours per week and the men
only 50 hours, the difference is so slight that we conclude, without passing on the
merits of the length of the workday, not to change it at this time, because of the very
great difficulty which would be involved in applying the present wage scale to these
small changes of hours.
Interpretation of award.— For the purpose of securing a proper interpretation of this
award, the secretary of the National War Labor Board shall appoint an examiner,
who shall hear any differences arising in respect to the award between the parties and
promptly render his decision, from which an appeal may be taken b y either party to
180
CHAP. V.---- AWARDS OF NATIONAL WAR LABOR BOARD.
the arbitrators making this award. Pending such appeal the decision of the examiner
shall be binding.
Period of award.— This award is to take effect as of May 3, 1918, for piecework, and
May 6, 1918, for daywork, and shall continue for the duration of the war, except that
either party may reopen the case before the arbitrators at periods of six months’
interval, beginning February 1, 1919, for such adjustments as changed conditions may
render necessary.
The company shall have until September 15, 1918, to ifiake the back payments of
wages herein awarded.
W m . H. T a ft ,
Frank
P
W alsh,
Arbitrators.
SU PPLEM EN TAL FIN D IN G S.
November 22, 1918.]
c ler ic a l
w orkers.
In the findings of Joint Chairmen W m . H . Taft and Frank P. Walsh, as sole arbi
trators in the case of the employees versus the General Electric Co., Schenectady
Works, dated July 31, 1918, it was stated:
The complaint presented by the clerical workers was presented at such a late
hour, and the evidence is so unsatisfactory, that an award will be postponed
for further evidence to be taken by the examiner assigned to supervise the
execution of this award.
In accordance with this order of the joint chairmen, after due notice to the man
agement of the plant and to the representatives of the clerical workers, a public
hearing was held in the courthouse at Schenectady on August 19, 1918. The man
agement of the plant declined to be represented at the hearing, saying that no com
plaint had been presented by the clerks, and merely requested the examiner to
announce that the wages of the clerical workers had been raised approximately 18
er cent following the award of the arbitrators dated July 31, 1918. Subsequently,
owever, on October 25, the management filed with the War Labor Board a brief
containing detailed statistics with reference to the wages of the clerical workers
supported by affidavit of the comptroller of the company. From a technical stand
point it would be proper for the arbitrators to disregard this brief, inasmuch as it
consists almost entirely of new evidence irregularly introduced without adequate
opportunity for the representatives of the employees to controvert it or to crossexamine the persons in whose name it is filed with a view to estabfishing its accuracy
and pertinence. Nevertheless, owing to the fact that the entire procedure of the
board at the time this case was heard was not technical, and that the clerks were
allowed to file their complaint in an informal manner, the arbitrators have deemed
it advisable under all circumstances to consider all of the evidence presented by
both sides and upon this evidence make the following findings:
Wages.— That there shall be a horizontal increase of 15 per cent in the wages paid all
classes of male clerical workers at the date of filing the complaint in this case, and
20 per cent increase in the wages paid all classes of female clerical workers at the date
of filing the complaint in this case; provided, however, that each adult female
worker 18 years of age or over shall receive a minimum wage of at least $16.50 a week,
and that the minimum wage of adult men workers 21 years of age or over shall be
not less than $22.50 a week, the 10 per cent granted by the company as of July 31,
1918, to be used as an offset and deducted from the increase herein awarded.
Bonuses.— That all bonuses now paid by the company shall be considered wages
in computing the amount of increase due each employee.
How's of labor.— That the'hours of labor shall remain as at present,, but time and a
half shall be paid for all overtime.
Equal pay.— That in all cases where women do the same work as men they shall
receive equal pay.
Retroactive pay.— That the increase of wages under this award shall be retroactive
to August 1, 1918, and in computing this back pay the increase of 10 per cent granted
on July 31 shall be taken into account. The company shall have until January 1,
3919, to make the payment of back wages herein awarded.
Discrimination.— That the company is hereby directed not to discriminate in any
way against an> clerical worker for legitimate union activity or because of partici
pation in this complaint.
Interpretation of award.— For the purpose of securing a proper interpretation of this
award the secretary of the National War Labor Board shall appoint an examiner,
who shall hear any differences arising in respect to the award between the parties
and promptly render his decision, from which an appeal may be taken by either party
E
GE N E R AL ELECTR IC CO., S C H E N E C T A D Y .
181
to the arbitrators making this award. Pending a decision of such appeal the decision
of the examiner shall be binding.
Period of award. —This award shall continue during the life of the National War
Labor Board, except that either party may reopen the case before the arbitrators
on May 1, 1919, and at intervals of six months thereafter, for such readjustment as
changed conditions may render necessary.
Wm. H. T a ft ,
F r a n k P. W a l s i i ,
Arbitrators.
ON A P P E A L FROM R U LIN G OF E X A M IN E R AS TO H OU RS OF N IG H T
LABOR.
November 22, 1918.]
In the findings of Joint Chairmen W m . IT. Taft and Frank P. Walsh, sole arbitrators
in the case of the employees versus the General Electric Co., Schenectady Works,
dated July 31, 1918, it was stated:
The evidence in this case shows that prior to the submission of this controversy
to the arbitrators the employees demanded a 44-hour week, and that subsequently
this demand was altered to a request for a 48-hour week. Inasmuch, however,
as the women in this plant are at this time working only 48^ hours per week
and the men only 50 hours, the difference is so slight that we conclude, without
passing on the merits of the length of the workday, not to change it at this time,
because of the very great difficulty which woulcl be involved in applying the
present wage scale to these small changes of hours.
This decision was based, as is clearly shown in the paragraph above quoted, upon
an understanding upon the part of the arbitrators that the maximum hours for men
were 50 hours per week. The fact is that the schedule of working hours for the night
shift is 55 hours per week.
The examiner appointed to interpret this award held that the purpose and effect
of this paragraph was to leave the working hours in the plant unchanged.
The Metal Trades Council of Schenectady appealed to the arbitrators under date
of August 20, 1918, against this decision of the examiner, asking for a ruling that
the purpose of the arbitrators in the paragraph above quoted was to fix 58 hours per
week as the maximum working schedule.
This was in fact the purpose of the arbitrators, based upon their understanding and
belief that 50 hours was the maximum working time for men and 48J hours was the
maximum working time for women. The interpretation of the examiner is therefore
overruled, and the company is directed to change the working hours of the night
shift to a schedule not to exceed 50 hours per week.
Wm. H. T a ft,
F r a n k P. W a l s h ,
Arbitrators.
REPORT OF COMMITTEE ON VA R IO U S PLANTS OF G E N E R A L ELECTRIC
COMPANY.
Adopted January 15, 1919.]
W a s h i n g t o n , D. C., January 11, 1919.
T h e N a t i o n a l W a r L a b o r B o a r d , Washington, D. C.
G e n t l e m e n : The undersigned committee, to whom has been referred the General
Electric situation for consideration and report, now make the following recommenda
tions :
With regard to the troubles at Schenectady and Pittsfield, your committee believes
that since this board has made an award for these plants, and has provided a means
for adjustment of any controversies arising therein, that the recent strikes at these
plants were in violation of this board’s awards. However, since, due to changed con
ditions following the cessations of hostilities, the company’s production at these plants
has been necessarily curtailed with a consequent necessary curtailment of employees,
and the company having expressed their willingness to continue operating under the
conditions of the award of this board, we recommend that all questions concerning any
alleged discriminations, either in the curtailment of forces or the restoration of
employees who went on strike, be referred for consideration and decision to Examiner
Stoddard, who is now engaged in the application of this board’s award at Lynn, and
whose services in this capacity at Schenectady and Pittsfield shall continue for the
period of the war or until it may be determined his presence is no longer necessary.
That at Erie, Pa., where the company has declined to submit to the jurisdiction of
the board as a conciliatory measure your board also assign an examiner, selected by
the undersigned, whose auty it shall be to pass upon any alleged discriminations,
182
CHAP. V.— AWARDS OF NATIONAL WAR LABOR BOARD.
either in the laying off or restoration of employees, and who shall continue at Erie in
such a mediatory capacity until withdrawn by the undersigned as a section of this
board.
That at Fort Wayne, Ind., any controversy that may exist there be referred to the
Secretary of Labor for action, as contemplated b y an existing agreement between the
company and its employees which does not expire until February 1, 1919.
That the examiners at Pittsfield, Schenectady, and Erie shall receive instructions
from, and report to, the undersigned as a section of the board, and that any appeals
from their decisions be referred to this section for consideration and action.
That a copy of this recommendation, if adopted, be sent to the company and to
representatives of the employees at all of the plants of the General Electric Co.
interested.
0. E. M i c h a e l ,
W
m
. H . Johnston,
Committee.
Findings and Award in re Employees v. Midvale Steel <fc Ordnance Co.,
Nicetown, Philadelphia, Pa.
129. February 11,1919.
In the case of the machinists and toolmakers versus the Midvale Steel & Ordnance
Co. of Nicetown, Pa., which the parties in controversy jointly submitted for adjudica
tion, the National War Labor Board orders:
Collective bargaining.— That an examiner be sent to the Nicetown plant of the Mid
vale Steel & Ordnance Co. to ascertain whether the present shop committees were
fairly elected and whether the present system of collective bargaining provides proper
means for amendment in case the employees desire to make changes in the system.
If in his opinion the election of the present committee was not fair, a new election
shall be held and he shall carefully observe the manner in which it is conducted to
make sure that it is fairly carried out. If in his opinion the system of collective
bargaining does not provide proper means for amendment, he stall report this fact
to the section which had this case, and said section shall see that proper means of
amendment are incorporated in the system.
The Midvale Beneficial Association.— That it shall be optional with the workers
whether or not they join the Midvale Beneficial Association.
Hours of labor.— That 8 hours shall constitute a day’s work.
Overtime.— That all time worked in excess of 8 hours in any regular working day shall
b e considered overtime and be paid for at the rate of time and one-half.
Sundays and holidays.— That all time worked on Sundays and holidays shall be paid
for at the rate of double time.
Women.— That in all cases where women do the same work as men they shall receive
equal pay for equal work, and that women shall not be given tasks disproportionate
to their strength. No woman under 18 years of age or over shall receive less than 35
cents per hour, provided she has worked for three months in the plant.
Wages.— That the minimum hourly rates of pay for machinists and toolmakers shall
be as follows:
First-class machinists and toolmakers, 80 cents.
Second-class machinists, 70 cents.
Helpers, 55 cents.
Specialists, 65 cents.
In view of the fact that this controversy arose in connection with No. 7 shop, this
wage award applies only to No. 7 shop, and the minimum wages above provided shall
not affect the piecework rates except in so far as they guarantee the worker his mini
mum wage.
Retroactive pay.— That all increases of wages and earnings herein provided for shall
be retroactive to September 28 ,191 8. The company shall have until March 1, 1919,
to make the payment of these back wages.
Administration of award.— Should a controversy arise in respect to an interpretation
of the award an appeal may be made to the board, and an examiner shall be sent to
assist the parties in reaching an agreement as to the proper interpretation. Should
the examiner be unsuccessful in this, an appeal may be made to the board, which
appeal shall operate as a stay, or otherwise, according to the rules of procedure of the
board.
Duration of the award.— This award shall remain in effect until April 1,1919.
W m . H. T a f t ,
B a s il M . M a n l y ,
John F. P e rk in s,
W m. H. J o h n s t o n ,
Section.
CORN PRODUCTS R E F IN IN G
CO.
183
Award in re Employees v. Com Products Refining Co.
130.
N o v e m b e r 2 1, 1918.
This case is a joint submission for adjudication as to wages, hours of labor, and work
ing conditions. It includes also Docket No. 166. Originally Docket No. 130 was
entitled Employees v. Corn Products Refining Co., Granite City, III., and Docket No.
166 was entitled Employees v . Corn Products Refining Co., Argo. IU. A t the time of the
hearing a joint submission was had for all the plants of the Corn Products Refining Co.,
including those at Pekin, 111., and Edgewater, N. J., as well as the two named under
the Docket No. 130.
A
w ard
.
1. Right to organize.— The principles of this board recognize the right of employees to
organize into trade unions and to bargain collectively, and there shall be no discrimina
tion or coercion directed against proper activities of this kind. Employees in the exer
cise of their right to organize shall not use coercive measures of any kind to compel
persons to join their unions, nor to induce employers to bargain or deal with their
unions.
The company shall continue to deal with those unions with whom they have pre
viously had trade-union agreements, and in all other cases shall deal with committees
of their employees after they have been constituted.
2. Committees.— Committees consisting of three employees from each department
shall be elected b y secret ballot in such manner and place and under such conditions
as the employees may determine, without influence or interference by the company
or any of its superintendents or foremen, which committees after their election shall
represent and be responsible to the employees of such departments in the presentation
and adjustment of any grievances as to nours, wages, or working conditions.
Such grievances as may arise shall first be presented for adjustment to the head of
the department involved by the departmental committee concerned. If within five
days thereafter the dispute is not adjusted, the departmental committee may refer
the matter in dispute to a general plant committee, to consist of five employees elected
by the members of the departmental committees, to be taken up by the general plant
committee with a like committee of the company or other of the company’s repre
sentatives for the purpose of bringing about a settlement. In the event that the
general plant committee fails to bring about an agreement on disputed questions,
the matter in dispute may be referred to the National War Labor Board or to such
other agency as the company or its representatives and the general plant committee
may agree upon.
.
3. Convplaints.— All complaints shall be made during working hours at a convenient
time and place and disposed of without unnecessary delay.
4. Eight-hour day.— Eight hours shall constitute the basic workday and such work
day shall be completed in so far as possible within a period of not more than 9 con
secutive hours.
Those operations which are continuous during the 24 hours shall be conducted by
three shifts of 8 hours each.
5. Overtime and holidays.— Overtime shall be paid for at the following rates: Time and
a half for overtime after 8 hours, double time after 12 hours, and double for all the time
worked on Sundays and holidays, including New Year’s Day, Washington’s Birthday,
Independence Day, Thanksgiving Day, and Christmas Day, or the days legally cele
brated in lieu thereof, except that in continuous operations double time shall not apply
to Sunday work where one day off is given in seven.
There shall be no work on Labor Day with the exception of the fire protection force
required by law and double time shall be paid that force.
6. Six-day week.— Where the operation is necessarily and generally carried on for
7 days in the week, it is imperative that provision should be made for relief gangs
so that the employees in such operations may be relieved from duty on some day of
the week.
7. Luncheon period.— Where plants are operated for three 8-hour shifts daily, em
ployees shall be allowed 30 minutes off with pay for luncheon.
8. Unjust discrimination forbidden.— No employee shall be suspended, demoted, or
dismissed because of trade-union membership or for legitimate trade-union activity.
In the event of its becoming necessary to decrease the force by a lay off, seniority
shall be given preference. The principle of seniority shall generally prevail as to all
employees in their respective departments.
No employee shall be suspended, demoted, or dismissed without just and sufficient
cause. If, after proper investigation, it is found that an employee has been disciplined
unjustly, he shall be reinstated with all rights and full compensation for all time lost.
184
C H A P . V .-----A W A R D S OF N A T IO N A L W A R LABOR BOARD.
Employees attending union conventions or other duties affecting themselves shall
upon giving proper notice to the foreman or superintendent, be permitted to absent
themselves without pay to attend to such duties. Upon their return such workers
shall be reinstated into the service with all their former rights.
There shall be no discrimination against any employee or prospective employee
because of creed, color, or nationality.
Employment shall be accepted proof of general competency. Statement of specific
incompetency must be given a dismissed employee upon demand of himself or
representative.
Employees shall not be required to join company benefit or welfare associations.
9. Piecework.— A ll questions concerning piece-rate practices and rates shall'be
adjusted by conference between the management and the committees contemplated in
section 2.
10. Sanitary facilities.— The company shall furnish proper sanitary facilities in com
pliance with the State laws.
11. Women in industry.— If it shall become necessary to employ women on work
ordinarily performed by men they must be allowed equal pay for equal work, and
must not be allotted tasks disproportionate to their strength.
12. Weekly pay.— Payments shall be made weekly instead of semimonthly.
13. Reinstatement of discharged employees.— The electricians discharged June 13,1918,
shall be reinstated with back pay at the rate then being paid up to August 1, 1918,
and thereafter at the rate fixed in this award, less the amount of the earnings of each
such discharged employee since his dismissal.
14. Award posted.— Copies of this award and wage scale shall be printed, framed, and
posted in all shops and other work places.
1 5 / Award retroactive.— The wage award herein shall be retroactive to:
Granite City, June 1, 1918.
Argo, August 1, 1918.
Edge water, August 1, 1918.
Pekin, August 1, 1918.
16.
Wages.— In fixing the wages for this award the National War Labor Board was con
fronted with a task made more than ordinarily difficult by reason of the fact that the
processes in the plants of the company are peculiar to that industry, and the posi
tions in the plant are therefore not comparable to positions in other industries and
plants the duties attached to which are more or less generally understood.
A study was made of the pay rolls of the company, but these failed to throw suf
ficient light on the problem, for the reason, principally, that their forin is governed
by the company’s cost-account system, and it was impossible to tell from them even
what rates were being paid to employees doing identical work.
In order that a foundation might be laid for an equitable wage award, a classifica
tion of the positions in the company’s plants was deemed desirable, to include a grad
ing of the positions on the basis of the duties and responsibilities attached to each.
Examiners of the National War Labor Board went into the plants of the company
and made a study of the positions. No standardization of duties or titles was at
tempted, this obviously not being the function of the board. Since no other positions
the duties and responsibilities of which are generally understood and to which this
company’s positions could be compared had come before the board, the effort of the
examiners was to set up a measure by which to compare the company’s positions to
each other.
After the positions had been listed and the duties and responsibilities of each had
been studied they were divided into general classes called “ services,” on a func
tional basis, the purpose being to segregate positions attached to the development of
each function in the plants in order to facilitate the grading of the positions.
The services set up for this initial segregation were the following:
Corn process service.— Composed of positions having to do directly with the pro
cesses in the conversion of corn into the products manufactured by the company.
Machine line service.— Composed of positions connected with the series of ma
chines used in manufacturing cans and in filling cans and packages with the
products manufactured by the company.
Receiving, shipping, and stores service.— Composed of positions dealing with the
receiving of supplies and materials, shipping of manufactured products, and the
handling of stores.
Printing and lithographing service.— Composed of positions connected with print
ing and lithographing.
Protection service.— Composed of positions created for the protection of life or
property.
Matron service.— Composed of social service positions connected with employ
ment of girls and women.
CORN PRODUCTS R E F IN IN G
CO.
185
Cleaner service.— Composed of positions involving responsibility for cleanliness
of premises or utensils.
Engineman service.— Composed of positions connected with the generation and
transmissions of power (other than electrical), the operation of pumps, and the
maintenance of pumping and power-generating and power-transmitting ma
chinery.
Skilled labor service.— Composed of positions in the recognized skilled trades or
handicrafts, not included in the engineman and printing and lithographing
services.
Labor service.— Composed of positions involving routine manual labor and which
require no instruction.
Switchtrack service.— Composed of positions having to do with the laying and
maintenance of switchtracks.
Within these services grades were set up, to anderstand which it is necessary only
to define the grades in one of the services, the standards for grading being similar,
although not identical, in all services. The grade definitions of the corn process
service are here set out as follows:
Grade 1.— Composed of positions in the corn process service that require per
formance of routine tasks; not more than a few days’ training; no previous expe
rience; no exercise of independent judgment; no making of tests or keeping of
records; no responsibility for the operation of machinery or apparatus or the work
of others; but which may require the turning on or off of calves, switches, or
power; the performance of other simple operations connected with machinery or
apparatus under the detailed supervision of an immediate superior; or the starting
or stopping of machinery or apparatus incidental to emergencies.
Grade 2 .— Composed of positions in the corn process service that require per
formance of responsible tasks that can be learned in not to exceed a few weeks’
training, and which may require the exercise of independent judgment; the mak
ing of simple tests; the keeping of simple records; responsibility for the operation
of machinery or apparatus; direction of the work of helpers; the performance or
supervision of minor operations in the processes; or the care of machinery or
apparatus used in the processes.
Grade 3 .— Composed of responsible positions in the corn process service that
require skill; considerable intelligence; a considerable period of training; the
exercise of independent judgment; the making of ordinary tests; the keeping of
ordinary records; direction of work of others; the performance or supervision of
major operations in the processes; responsibility for the care or operation of ma
chinery or apparatus; or which may require responsibility for or some control of
the proportions or condition of ingredients that enter into the finished product.
Grade 4 .— Composed of positions in the corn process service requiring mechanical
ability of a high order; and specialized knowledge of, entire familiarity with, and
long experience in operating the more complicated types of machinery used in
the processes.
Within these grades are two, and in some cases three, groups of positions,*based on
distinction between lighter and heavier tasks, more and less agreeable duties, and the
like.
Grade 1 of both the machine line and the receiving, shipping, and stores services is
composed of positions that are described by the definition of grade 1 in the corn process
service, except that in the two services first named grade 1 is composed only of
positions “ that require performance of routine tasks not incompatible with the imma
ture strength and endurance of a boy or girl of legal working age.” Grade 2 in these
services is therefore comparable to grade 1 in the corn process service.
On the basis of this classification, which was designed for the purposes of this wage
award only, the board awards minimum wage rates as follows:
CORN PROCESS SERVICE.
Grade 1.
Group a.— $0.45 an hour, including positions found on the pay roll under the follow
ing titles:
Steam-dryer helper.
Transfer-truck helper.
Centrifugal-machine helper.
Paragol maker’s helper.
Tank man’s helper (hydrol).
Sugar wrapper.
Pressed sugar gang.
Drip-box man.
Loading wagons.
Repairing starch wagons.
Scraper and cleaner.
Reeling tailings.
Centrifuge helper.
Repair man shakers.
186
C H A P . V .-----A W A R D S OF N A T IO N A L W A R LABOR BOARD.
Group b.— $0.48 an hour, including positions found on the pay roll under the follow
ing titles:
Pressman.
Pressman (cylinder).
Press-runner’s helper.
Press dumper.
Filling hydraulic presses.
Foots distributor.
Squeezer.
Germ expeller.
Sulphur furnace.
Pumps.
Hopper man.
Paddler.
Conveyor helper.
Flusher.
Tankman-s hleper (shakerman).
Bone black bucket man.
Bone black filter helper.
Bone black filter puller.
Crusting kiln man.
Sugar dissolver.
Loading machines.
Wagon dumper.
Corn cleaner.
Acid man.
Washing shakers.
Washing reels.
Carrier belts.
Assistant
sirup
mixer’s
helper.
Repairing reels.
Grate.
Opening cylinders.
Cylinders to and from presses.
Washing-machine man.
Am ylin mill and separator
helper.
Transfer truck and breaker
helper.
Steep helper.
Bauer-separator helper.
Finishing-kiln helper.
Grade 2.
Group a.— $0.51 an hour, including positions found on the pay roll under the follow
ing titles:
Conveyor man.
Tank man.
Light steepwater measuring
tank.
Retabling pumps.
Settler (top and bottom).
Shaker man.
Shakers and reels.
Press runner.
Filter-press operator.
Change-eock man (sugar press).
Miller (starch grinding).
Autoclave operator.
Tipple.
Breaker.
Cutting-machine man.
Transfer-truek operator.
Amylin rolls man.
Starch-breaker man.
Steepwater.
Soapmaker’s assistant.
Liquor-pump man.
Mill-tub man.
Steep man.
Group b.— $0.55 an hour, including positions found on the pay roll under the follow
ing titles t
Moisture and slop expellers
and reels.
Head flusher.
Pope mills (pressed lump
starch').
Cooker (pressed lump starch).
Oil-expeller helper.
Top steep man.
Steep and sulphur man.
Corn weigher.
Foos mills and feed reels.
Shovel-machine operator.
Change cocks (cylinder press.)
Finishing-kiln tender.
Tank handler (hydrol).
Cooler man.
Reel and cooler operator.
Steam dryer.
Sugar dryer.
Vacuum-pan man.
Germ separator.
Grade 3.
Group a.— $0.60 an hour, including positions found on the pay roll under the follow
ing titles:
Light-pan man.
Neutralizer man.
Bone black filter man.
Head miller (starch grinding).
Acidifying man.
Paragol maker.
Centrifugal-machine man.
Bauer separator.
Centrifugal-machine man.
Steepwater-pan man.
Soapmaker.
Wet-com mills (Granite City).
CORN PRODUCTS R E F IN IN G CO.
187
Group b.— $0.65 an hour, including positions found 011 the pay roll under the follow
ing titles:
Converter man.
Heavy-pan man.
Dextrine cooker.
Tankman.
Oil-expeller operator.
Steep runner.
Jelly cooker.
Bottom-steep man.
Sirup mixer (Granite City).
Grade 4.
$0.70 an hour, including positions found on the pay roll under the following titles:
Head oil expeller (Granite
City).
Oil expeller repair man.
MACHINE LIN E SERVICE.
Grade 1.
Group a.— $0.35 an hour, including positions found on the pay roll under the follow
ing titles:
Oil and sirup filling machine
hand.
Label perforator.
Jelly glass filling hand.
^
Can making and conveying machine hand.
Beginners on single cut tin
presses.
Jelly labeling machine hand.
Floater helper.
Rag-press feeder,
Hand-wrapper beginner.
Group b.— $0.39 an hour, including positions found on the payroll under the follow
ing titles:
Wrapping-machine feeder.
Hand wrapper.
Solder-pot hands.
Weight inspector.
Single cut tin press feeder.
Heading-machine tender.
Tester (friction).
Flanger and beading machine
feeder.
Double seamer tender (pint and
quart cans).
Capper (friction).
End feeder.
Bale forming machine feeder.
Label-machine feeder.
Jelly-filling machine operator.
Jelly labeling machine operator,
Starch filling machine feeder.
Solder-machine hand.
Group c.— $0.41 an hour, including positions found on the pay roll under the' follow
ing titles:
Can solderers.
Fast single cut press feeders.
Fast hand wrappers.
Grade 2.
Group a.— $0.45 an hour, including positions found on the pay roll under the follow
ing titles:
Beginners on gang tin presses.
Trimmer feeder.
Flanger feeder.
^
Square shear, notching press and
curling.
Hand sirup and oil filling machines.
Oil filling machine hands.
Bumping and forming press feeder,
Group b.— $0.49 an hour, including positions found on the pay roll under the follow
ing titles:
Slitter feeder.
Gang-press feeder.
Body-machine tender.
Filling 5-gallon oil.
2|-pound H . in C. machine
operator.
Double-seamer tender.
Group c.— $0.53 an hour, including positions found on the pay roll under the follow
ing title:
Fast gang press feeder.
188
C H A P . Y .-----A W A R D S OF N A T IO N A L W A R LABOR BOARD.
Grade 3 .
Group a.— $0.55 an hour, including positions found on the pay roll under the follow
ing titles:
Oil and sirup filling machine
operator.
Die setter.
Valve man (Granite City).
Valve-man’s helper.
Tester-maintenance man.
Starch filling machine man.
Group b.— $0.60 an hour, including positions found on the pay roll under the follow
ing titles:
Head operator on wrapping machines.
Floater man.
Assistant foreman and sirup mixer.
Grade 4.
$0.65 an hour, including positions found on the pay roll under the following titles:
Mechanic (starch filling machines).
Assistant floater foreman.
Assistant mazola foreman.
Assistant seamer foreman.
Head die setter.
N o t e . ' — In this service where piecework rates prevail, the minimum piecework rates
shall be revised by agreement between the company and the shop committees in
accordance with the minimum hour rates herein fixed. Standards to determine “ fast ”
feeders and wrappers in group c of grades 1 and 2 shall be set by agreement between the
company and the shop committees.
r e c e iv in g
,
s h ip p in g
,
a n d
s t o r e s
s e r v ic e
Grade 1.
Group a.— $0.35 an hour, including positions found on the pay roll under the follow
ing titles:
Container sealer, light.
Container packer, light.
Jelly-pail filler hand.
Can-warehouse hand.
Stenciler.
Group b.— $0.38 an hour, including positions found on the pay roll under the follow
ing title:
Cloth sewing machine operator.
Grade 2.
Group a.— $0.45 an hour, including positions found on the pay roll under the follow
ing titles:
Container sealer, heavy.
Container packer, heavy.
Box packer.
Box strapper.
Stenciler (dextrine).
Hand sewer (bags).
Electric-tractor operator.
Drawer.
Group b.— $0.49 an hour, including positions found on the pay roll under the follow
ing titles:
Barrel trimmer.
Hoop driver.
Cloth stretcher and cutter.
Checker on piecework.
Cheeking loaders.
Weigher.
Tin-plate vault foreman’s helper.
Warehouseman.
Bag-filling machine.
Nailing-machine operator.
Car bracer.
Grade S.
Group a.— $0.52 an hour, including positions found on the pay roll under the fol
lowing titles:
Supply man (dry starch— Argo).
Corn shoveler.
Supply man.
Packing boss.
Group b.— 0.55 an hour, including positions found on the pay roll under the following
title:
Car checker.
CORN PRODUCTS REFINING CO,
189
LABO R SERVICE.
Grade 1.
Group a.— $0.45 an hour, including positions‘found on the pay roll under the fol
lowing titles:
Loading.
Packing gang.
Laborer.
Loading and unloading gang.
Loader.
General-labor gang.
Auto-truck helper.
Yard laborer.
Sweeper.
Bag sorter.
Cleaner.
Scrap cutter.
Miscellaneous cleaning.
Unloading and handling gang.
Washer and scraper.
Supply gang.
Serving-box covers.
Supply man.
Tin-plate cleaner.
Supply man, tops and bottoms.
Starch dumper.
Trucker.
Scraping cylinders.
General laborer.
Reconditioning.
Group b.— $0.48 an hour, including positions found on the pay roll under the follow
ing titles:
Supplies to presses.
Roll man.
Wagons to and from kilns.
Mechanical gang.
Group c.— $0.50 an hour, including positions found on the pay roll under the follow
ing titles:
Starch shoveler.
Bag sorter boss.
Supply gang boss.
Boss of unloading and handling
Gang boss (sirup house).
gang.
Yard boss.
Grade 2.
$0.55 an hour, including positions found on the pay roll under the following titles:
Assistant foreman, general-labor Assistant yard foreman,
gang.
SKILLED LABO R SERVICE.
Employees in the skilled labor service employed (1) at Argo and Pekin are to be
paid the recognized prevailing wage rates for similar service in the city of Chicago;
(2) at Granite City, the recognized prevailing wage rates for similar service in the city
of St. Louis; and (3) at Edge water, the recognized prevailing wage rates for similar
service in the city of New York.
The positions in this service may be found on the pay roll under the following titles:
Electrician.
Blacksmith’s helper.
GalVanizer.
Bricklayer’s helper.
Carpenter’s helper.
General machinery repair man.
Coppersmith’s helper.
Machinist.
Electric craneman’s helper.
Millwright.
Motor cleaner.
Galvanizer’s helper %
Motor tender.
Machinist’s apprentice.
Painter.
Machinist’s helper.
Pipe coverer.
Painter’s helper.
Plumber.
Pipe-coverer’s helper.
Solder maker.
Solder-maker’s helper.
Steamfitter.
Steamfitter’s helper.
Stonecutter.
Tinsmith’s helper.
Stone dresser.
General machinery repair helper.
Switchboard tender.
Millwright’s helper.
Teamster.
Electrician’s helper.
Tinsmith.
Brick-mason repair man.
Drill-press hand.
Beltman.
Milling-machine hand.
Blacksmith.
Bricklayer.
Tool-room hand.
Carpenter.
Pipe-machine operator.
Cooper.
Die maker.
Tinner.
Chauffeur.
Chauffeur (auto-truck driver).
Electric welder.
Boiler maker.
Coppersmith.
Box maker.
Electric-crane operator.
Freight-elevator operator.
190
CHAP. V.----AWARDS OF NATIONAL WAR LABOR BOARD.
PRINTING AN D LITHOGRAPHING S ERVICE.
Employees in the printing and lithographing service at Argo are to be paid the
recognized prevailing wage rates for similar service in the city of Chicago.
The positions in this service may be found on the pay roll under the following titles:
Gordon feeder.
Gluing-machine operator.
Stitching-machine operator.
Bander.
Bindery hand.
Carton picker. ^
Flier, lithographing plant.
Lithographing-press feeder.
Thompson feeder.
Cottrell feeder.
Cottrell helper.
‘
Miehle feeder.
Miehle helper.
Stock piler on press-feeding machine.
Paper jogger.
Oven tender and stacker, lithographing plant,
Apprentice lithograph pressman.
Paper baler.
Coating man, lithographing plant.
Gordon pressman.
Cottrell pressman.
Miehle pressman.
Dexter operator.
Folding-machine operator.
Paper cutter.
Compositor.
Lithographing pressman,
Press foreman.
EN G IN EM AN SERVICE.
Employees in the engineman service employed (1) at Argo and Pekin are to be
paid the recognized prevailing wage rates for similar service in the city of Chicago;
(2) at Granite City the recognized prevailing wage rates for similar service in the city
of St. Louis, and (3) at Edgewater the recognized prevailing wage rates for similar
service in the city of New York.
The positions in this service may be found on the pay roll under the following titles:
Sampling coal.
Boiler cleaner.
Pump man.
Boiler repairer.
Shoveling coal.
Fireman.
Ashman.
Water tender.
McMyler crane helper.
Bone-kiln fireman.
Oiler.
Water softener.
Atlas-dryer helper.
Atlas dryer.
Water-softener helper.
McMyler crane man.
Bone-kiln helper.
Engineer (engine room).
Flue blower.
Kilns and filter engineer.
PROTECTION SERVICE.
Patrolman............................................................................................... $4.50 a day
Night watchman................................................................................... 4.50 a day
Fireman................................................................................................... 5,0 0 a day
MATRON SERVICE.
Matron......................... . . ........................................................................
$26 a week
C LE A N E R SERVICE.
Apparatus washer.............................................................................$). 35 an hour
Porter........................................................................................................... 45 an hour
Janitor.......................................................................................................... 50 an hour
SWITCHBACK SERVICE.
Track laborer............. ........................................................................$0.45 an hour
.4 8 an hour
Track walker....................................... - ................................... ........
Assistant track foreman......................................................................... 50 an hour
17. No wage reduction.— This award shall not operate to reduce the earnings of any
employee as of the dates to which it is made retroactive.
18. Period of the award.— The award shall be effective for the duration of the war
except that either party may reopen the case before the section at periods of six
months’ interval, beginning May 1, 1919, for such adjustments as changed condi
tions may render necessary.
The company shall be allowed until December 21, 1918, to make payments to its
employees of back pay due them under this award.
CORN PRODUCTS REFINING CO.
191
19.
Interpretation of award.— For the purpose of securing a proper interpretation of
this award, upon application of either party the secretary of the National War Labor
Board, shall appoint an administrator, who shall hear any differences arising between
the parties in respect to the award and shall promptly render his decision, from which
an appeal may be taken by either party to the section making this award. Pending
such appeal the decision of the administrator shall be enforced, except in cases where
it involves directly or indirectly the payment of wages.
Prevailing rates.— For the purpose of ascertaining the recognized prevailing wage
scales in the cities named in this award an administrator shall be designated by the
secretary, who, together with one representative of the employees and one of the
company, shall determine such scales.
C. E. M i c h a e l ,
M a tth e w
W o ll,
Section.
IN T E R P R E T A T IO N OF C ER TA IN POINTS OF A W A R D OF N OVEM BER 21
1918.
March 25, 1919.]
The superintendent of the Granite City plant having asked for an interpretation
of the rates= for positions in the protection service and matron service, on the point
of whether the day and week rates named therein apply only for an eight-hour day,
therefore—
I, Robert M. Buck, examiner assigned to administer the award, do hereby interpret
the said rates for positions in the protection and matron services, with reference to
hours of work, as follows:
The rates fixed for watchmen, patrolmen, and firemen contemplated an increase
for a day’s earnings as indicated bv the difference between the rates being paid by
the company prior to the award and the rates named in the award. Therefore, reduc
tion to an eight-hour day was not contemplated, and the award does not compel any
change in the working hom:s for these positions.
The case of matron is similar, the nature of the position being such that it would
be difficult to invariably confine it to the same hours each day, and a week rate having
been set, the award does not compel an eight-hour day in the case of matrons.
R o b e r t M. B u c k ,
Examiner assigned to administer the award.
Examiner Buck’s rulings as above indicated are hereby sustained.
a t t h e w W o ll*
C. E. M ic h a e l*
M
Section.
RU LIN G S OF E X A M IN E R S .
Sam Evans, examiner assigned by the secretary to administer the award, announces
for the National War Labor Board the following rulings and interpretations of the Corn
Products Refining Co. award, for the guidance of all concerned:
Examiner's Ruling No. 13.10 [Issued by Examiner Robeit M. Buck.]
The company is required to employ three shifts of engineers in the power house at
Pekin, 111. This ruling is superseded by Examiner's Ruling No. 19.
Examiner’s Ruling: No. 14- [Issued by Examiner Robert M. Buck.]
Under section 13 the two men in question (referring to two of the electricians dis
charged at Argo and reinstated by the award) are entitled to receive back pay only
as helpers and must be paid at the rate received by them when discharged up to
August 1, 1918, and at the rate provided in the award for electrician helpers for the
period thereafter and the company can not be compelled to pay them the electrician
rate either in back pay or in current wages.
Examiner's Ruling No. 15. [Issued by Examiner Robert M. Buck.]
Under section 19 of the award the examiner assigned by the secretary to administer
the award has authority, upon application by either party, to hear and decide any
case arising from the discharge of an employee wherein there is complaint of alleged
violation of the award, subject to appeal by either party to the section of the War
Labor Board which prepared the award.
10 Rulings 1-12 were never published.
192
CHAP. V.---- AWARDS OF NATIONAL WAR LABOR BOARD.
Also the following rulings issued by Examiner Sam Evans:
Examiner's Ruling No. 16.
The Pekin, 111., plant of the Corn Products Refining Co. shall be divide into
departments for the purpose of election of shop committees, under section 2 of the
award, as follows:
Department 1— Grain elevator, mill house, and steep house.
Department 2— Tabling and retabling departments.
Department 3— Feed house, feed house packing, and oil system.
Department 4— Refinery, bone kiln house, S. C. U. coolers and warehouse,
Mazam department.
Department 5— Mechanical departments and workers.
Department 6— Supply departments, railroad, yards, miscellaneous.
Department 7— Dry starch kilns and dry starch packing departments.
Examiner's Ruling No. 17.
All complaints as to back pay due under the award must be presented by the
employees of the respective plants to the general plant committee at each plant on
dates as follows: Edgewater, February 19, 1919; Pekin, February 22, 1919; Granite
City, February 22, 1919; and Argo, February 22, 1919.
This ruling is intended to apply only to those workers who have received back
pay. For those workers who have not yet received back pay, the following will
apply: They must make complaint as to correctness of back pay within 10 days after
receipt of pay check. The company will cause a notice to this effect to be delivered
with each pay check, setting forth that such complaint must be filed with the general
plant committee within 10 days after receipt of check and that failure to file such
complaint is an admission by the worker that the amount of the check is full payment
for all pay due under the award for the time covered by the check.
Examiner’s Ruling No. 18.
The superintendent of the Edgewater, N. J., plant of the Corn Products Refining
Co. and the general plant committee representing the employees of that plant, having
agreed to insert certain new positions into the classification in the award, the award
is modified by agreement as hereinbefore stated, by the addition to the classification
of the following positions, found at the Edgewater plant only:
CORN PROCESS SERVICE.
Grade 1.
Group a.— $0.45 an hour.
Group b.— $0.48 an hour.
Sugar rolls.
Sugar stripper. •
Pan sugar gang.
Autoclave helper.
Refiner and tester helper.
Repairing trays.
Wet gluten mill.
Feed curing room.
Dryer greaser.
Germ conveyor.
Grade 2.
Group b.— $0.55 an hour, wet starch process pump operator.
Grade 3 .
Group b.— $0.65 an hour.
'Group b.— $0.65 an hour.
Oil refiner and tester.
Corn miller*
Invoice corn weigher and distribu
tor.
RECEIVING , SHIPPING, AND STORES SERVICE.
Grade 1.
Group a.— $0.35 an hour, elevator boy.
Grade 2.
Group a.— $0.45 an hour,
Scale watchman.
J
|
Group b.— $0.49 an hour.
Grade 3 .
Group b.— $0.55 an hour, marine leg operator.
Bag-sewing machine operator.
CORN PRODUCTS REFINING CO.
193
LABOR SERVICE.
Group a.— $0.45 an hour.
Group b.— $0.48 an hour.
Barrel roller.
Hoop driver laborer.
Barrel puncher.
Feed shoveler.
Ditch cleaners.
Hydrant and filling fire pails.
s k ille d
Cart driver.
Croup c.— $0.50 an hour.
Shipping gang boss.
labor
ser vice.
Motor tender, 65 cents an hour.
Hoisting engineer, 71 cents an hour.
Coppersmith and
head
metal
worker, 80 cents an hour.
Shafting oilers, 54 cents an hour.
Baffel man, 48 cents an hour.
Concrete man, 70 cents an hour,
I t is agreed that the rate set in skilled labor service for “ oilers, power house,” of 63
cents per hour refers to head oilers in the power house. And it is also agreed that
“ other oilers, 60 cents per hour ” means otker oilers in the power house.
Examiner’s Ruling No. 19.
The Corn Products Refining Co. having announced its intention of appealing to the
National War Labor Board from the ruling of Examiner Robert M. Buck (No. 13, dated
Jan. 6, 1919), in which the company is required to employ three shifts of engineers in
the engine room at the Pekin plant, and the plant committee having conducted an
investigation of the status of these engineers for the purpose of meeting the proposed
appeal, and having arrived at the unanimous conclusion that the engineers at Pekin
are foremen, and as such not subject to the award of the National War Labor Board,
which conclusion is set forth in a letter to me, I rule that engineers at Pekin are foremen
and as such are not subject to the award of the National War Labor Board. The com
pany is not required to operate the engine room at Pekin with three shifts of engineers.
The company is held blameless of the implied accusation in Ruling No. 13 that it
was attempting to avoid application of the award by concealing rates or by deceptive
titles.
Examiner’s Ruling No. 20.
William Kessler was properly rated as an electrician middleman at 60 cents per hour,
and he was not entitled to be rated as an electrician on August 1, 1918.
Examiner’s Ruling No. 21.
Operations conducted by two shifts a day are not continuous operations within the
meaning of the award, and workers in those operations are not entitled to lunch on the
company ’ s time.
Examiner’s Ruling No. 22.
The superintendent of the Pekin, 111., plant of the Corn Products Refining Co. and
the general plant committee representing the workers of that plant, having unani
mously agreed to insert certain new titles into the classification in the award and to
modify the award with reference to starch shovelers providing that the new rate set
for starch shovelers is not to be retroactive, the award is modified by agreement as
hereinbefore stated by the addition to the classification in the award of the following
positions:
CORN PROCESS SERVICE.
Grade 1.
Group b.— $0.48 an hour, germ conveyor.
Grade 3.
Group b.— $0.65 an hour, corn miller.
LABO R SERVICE.
Group a.— $0.45 an hour.
Barrel roller.
Barrel puncher.
Feed shoveler.
4 2 6 6 3 ° — 2 1 --------1 3
Group d.— $0.60 an hour.
Starch shovelers (Pekin Only).
194
CHAP. V.---- AWARDS OF NATIONAL WAR LABOR BOARD.
Examiner's Ruling No. 23.
The award does not make.mention of sample carriers, and such sample carriers are
not considered under the award in any way. The position ‘ *sample man ” mentioned
in the award in the receiving, shipping, and stores service, grade 3, group a, rated at
52 cents per hour, is a position in the feed-sacking department at Argo only, and is not
found at any other plant and does not refer to the sample carriers. Therefore, sample
carriers are not properly included in any “ department ” of any plant for the purpose
of electing shop committees, and have no representative committees and can not be
represented by any shop committee or by the general plant committee. These are
workers who were not mentioned in the award, as in the case of clerical help and other
laboratory workers.
Examiner's Ruling No. 24.
Several questions having come up as to the meaning and practical operation of the
award in the above case entitled Employees versus Corn Products Refining Co., a
meeting was held at Chicago March 27 and 28, 1919, attended by the following super
intendents of the four plants of the Corn Products Refining Co.: F. M. Sayre, Argo;
Charles Ebert, representing Edge water; H . B. Lawton, Pekin; and J. W . Pfeiffer,
Granite City; and the following members
the general plant committees at each, of
the four plants: Jos. Banas, Argo; Charles Christiansen, Edgewater; John Oltman,
Pekin; and Tony Otto, Granite City. Each plant committeeman presented a resolu
tion from his general plant committee authorizing him to act as spokesman for his
committee and to sign any agreement entered into. A full and free discussion was
held of the various questions, and an unanimous agreement was reached as to all
matters. I was requested by the four superintendents and the four plant committee
men to promulgate the agreement as an official interpretation of the award.
Now therefore I, Sam Evans, assigned by the secretary to administer the award, do
hereby promulgate the unanimous agreement as an official interpretation of the admin
istrator of the National War Labor Board, as follows:
Committees.— All shop committees now in existence at the four plants shall hold
office up to December 10, 1919, and thereafter until their successors are elected and
qualified, subject to the recall as hereinafter provided. The general plant committee
at each plant shall hold office until December 15, 1919, and thereafter until its suc
cessors have been elected and qualified, subject to the recall as hereinafter provided.
Each member of each shop committee and of each general plant committee shall
immediately choose an alternate. Such alternates shall serve as members of com
mittees with full powers and duties as such committee members during such times as
regular members of committees are incapacitated for service for any reason, and when
serving as committee members the acts of such alternates shall be of as full force and
effect as the acts of regular members of the committees.
On December 10, 1919, the employees in each department shall elect, by secret
ballot, without let or interference by the company or any of its foremen, a new shop
committee of three workers and three alternates. Each worker shall write upon his
ballot the names of not more than six workers in his department, but no ballot shall
be void because it contains fewer than six names. The ballots shall be counted and
the names set down in the order of preference indicated by the vote. The three
workers receiving the greatest number of votes shall be declared elected as shop
committeemen. The worker receiving the fourth highest number of votes shall be
alternate to committeeman No. 1, the worker receiving the fifth highest number of
votes shall be alternate to committeeman No. % and the worker receiving the sixth
highest number of votes shall be alternate to committeeman No. 3. One member of
the shop committee shall act as chairman of the workers in that department and
another member of the shop committee shall act as secretary. The secretary shall
keep a record of all questions settled by the shop committee, and shall have charge
of the seniority lists hereinafter provided. Such records and lists shall at all times
bo open to inspection by the workers in the plant. In the event of an entire depart
ment being shut down, the shop committee for that department shall immediately
deposit with the general plant committee all of its lists and records for safekeeping.
Such lists and records are to be returned by the general plant committee to the shop
committee for that department upon resumption of work in that department.
During a period of temporary shutdown of a department the shop committee for that
department shall represent the workers who are thus temporarily laid off, and shall
have the right to vote on all questions which are to be acted on by common action of
all shop committees.
No person shall serve as a member of a shop committee or as an alternate unless
actually in the employ of the company, except in the case of a temporary shutdown
of an entire department as provided above. In the event that a member of a shop
CORN PRODUCTS REFINING CO.
195
committee shall be incapacitated for service by reason of being temporarily laid off,
his alternate shall act for him. Whenever such lay off operates to reduce the total
number of committeemen and alternates in any department to less than six, the gen
eral plant committee shall appoint alternates to fill out the number.
On December 15, 1919, all the shop committees at each plant shall hold an election
and select a general plant committee of five committeemen and five alternates under
the procedure outlined above for the election of shop committees.
No person shall be a member of a general plant committee unless actually in the
employ of the company, but this shall not operate to prevent members of general plant
committees at present not in the employ of the company from selecting alternates to
act for them as outlined above. Whenever the total number of general plant commit
teemen and alternates shall be reduced below the number of 10, the general plant
committee shall appoint alternates to fill out the number and to serve until regular
committeemen or alternates are able to resume their duties.
Whenever any member of any shop committee shall sever his connection with the
company or be dismissed for just and sufficient cause or be permanently transferred
from the department represented by that committee, the workers in that department
shall elect his successor.
Whenever a member of the general plant committee shall sever his connection with
the company or be dismissed, for just and sufficient cause, all the shop committees
shall elect his successor.
The workers in any department may recall members of shop committees and alter
nates at any meeting by a majority vote of all the workers at that time employed in
the department, provided that one week’s notice shall be given of such election.
The chairman of the department shall have the right to call a meeting of workers in
that department at any time and must call a meeting on written demand of 25 per cent
of the workers in that department.
The shop committees shall have the right to recall members of the general plant
committee and alternates at any time by a majority vote of all shop committeemen,
provided that one week’s notice is given of such election.
There shall be elections in each department on December 10 of each year for the
purpose of electing shop committees and alternates. There shall be elections on
December 15 of each year, held by all the shop committees, for the purpose of electing
members of the general plant committee and alternates, as outlined above. No shop
committeemen or alternate shall serve beyond December 10 of each year without
reelection, and no general plant committeeman or alternate shall serve beyond Decem
ber 15 of each year without reelection.
Holidays.— Beginning with the calendar year 1920, Memorial Day shall be sub
stituted lor Washington’s Birthday in the list of holidays mentioned in the award.
Overtime.— When workers are required to work more than 8 hours in any 24, they can
not claim overtime for such work unless they have Worked more than 24 hours in a
period of 72 consecutive hours; except that workers must be paid overtime for all time
in excess of 8 consecutive hours.
Sunday starts at that hour after midnight Saturday night when No. 1 shift starts
work and ends 24 hours thereafter. When men are asked to start work after midnight
Sunday at an earlier hour than the starting time for the No. 1 shift of the job on which
they are employed, they can not claim overtime if they are not required to work more
than 8 consecutive hours.
Plant discipline.— No employee shall be suspended, demoted, or dismissed except
he be given a written statement of the reasons for such suspension, demotion, or dis
missal, provided that foremen at all times shall have the authority to lay off men pend
ing investigation of charges against them. Final action on such charges shall be joint
action of the foreman and shop committee of the department involved, and written
statements, as provided above, must be signed by at least two members of the shop
committee for that department. Where shop committees and foremen are unable to
agree, the matter should be referred to the general plant committee, as provided
elsewhere in the award, and the signatures of at least three members of the general
plant committee shall bind the committee in such cases.
Under the direction of shop committees and of the general plant committee, the
workers in each plant undertake to maintain discipline among themselves. Shop
committees may prefer charges against a fellow worker for infraction of discipline, and
in such cases, where workers are dismissed from the employ of the company upon
charges originally brought by committees, the company shall not reemploy such
workers without the consent of the general plant committee; and whenever the general
plant committee recommends the reemployment of such workers it shall hold itself
responsible for their conduct on their jobs. The company agrees not to reemploy any
men who have gone on strike in violation of the workers’ pledge to the National War
196
CHAP. Y.---- AWARDS OF NATIONAL WAR LABOR BOARD.
Labor Board after August 1, 1918, unless the general plant committee of the plant
concerned shall recommend the reinstatement of such workers and undertake to be
responsible for their future reliability.
Six-day week.— An examination of the Working records of the Corn Products Refining
Co. for a period of five years prior to the war has convinced all parties that there is no
operation in any plant in this company that is “ necessarily and generally carried on
for seven days in the week. ’ ’ Therefore the company is not required to provide relief
gangs. Every worker who works on Sunday shall be paid double time for his work.
Seniority.— In the event that it becomes necessary to decrease the force by a layoff,
seniority shall be given preference, ability to perform the job being equal. The
principle of seniority shall generally prevail as to employees on each job and in each
department and throughout the plant, it being understood that a transfer of an em
ployee from one department to another does not cause him to surrender his seniority
rights in the jobs in the department from which he was transferred. In general, the
following classes of workers shall have seniority over all others, in the order named:
(1) Former employees of the company who have families or others entirely de
pendent upon their earnings and who were enlisted in the Army, Navy, Marine
Corps, or other fighting forces of the United States in time of war. (2) Wives or other
dependents of workers in class 1 who have no source of income other than their earning
power. (3) Employees with families or other dependents and without income suffi
cient for their support other than their wages. (4) Former employees of the company
without dependents and without income other than their earning power and who were
enlisted in the Army, Navy, Marine Corps, or other fighting forces of the United States
in time of war. (5) Employees without dependents and without source of income
other than their wages.
The shop committees herein provided shall, with the assistance of the company,
make up as soon as practicable seniority lists covering each job in the plant, having
due regard to the principles outlined above and setting down in the order of their
sendee all workers who have held each job, together with the date they entered upon
the duties of such job and the date they were transferred to another job. After they
are made, such lists shall govern temporary reductions in the force, it being understood
that each worker shall have an opportunity to be demoted from one job to another in
the order in which he stands on the seniority list for each job. The acceptance of such
jobs shall be at the option of the worker, and no worker who elects to seek work else
where during the period of such temporary reduction in the force shall be deemed to
have sacrificed his seniority rights in the job he held at the time of such reduction in
the force, and any worker who elects to refuse such lower jobs as are offered him shall
be deemed to have sacrificed his seniority rights in such jobs refused for the period of
the layoff only.
Workers who are temporarily laid off shall leave their addresses with the company
and with the general plant committee, and when their jobs are open for them again the
company and the general plant committee shall send notices to such workers that their
jobs will be ready for them at an appointed time. If workers do not respond to such
notices within a reasonable time, they shall be deemed to have severed their connection
with the company and to have surrendered all seniority rights in all jobs.
Workers who quit the employ of the company or who are dismissed for just and
sufficient cause shall be deemed to have surrendered all seniority rights in all jobs.
Each foreman shall have a true copy of seniority lists for all jobs in his department.
In the event of an entire department being laid off, the seniority lists in the possession
of the shop committee for the department, together with all other records of that com
mittee, shall be deposited with the general plant committee for safe-keeping, and all
such lists and records shall be returned by the general plant committee to the shop
committee for that department upon resumption of work.
Pending the preparation of the seniority lists herein provided, shop committees (or
the general plant committee when necessary) shall settle questions of seniority by
agreement with the company, each case to be settled on its merits as it appears just
and right to committees and company representatives, but such settlements shall not
operate to create precedent of greater authority than the seniority lists later agreed
upon, and where the lists later show that errors have been made, workers who have been
laid off or demoted through error shall have the right to regain the jobs to which the
seniority lists show they are 'entitled, and other workers who have been retained
through errors must give way. In such cases, however, no demoted or displaced
worker is entitled to any back pay by reason of such error.
Rules of discipline.— As soon as practicable the general plant committee of each plant
will meet with the superintendent and draw up a set of rules the violation of any of
which will lead to the suspension, demotion, or dismissal of an employee. Such rules
shall be posted with the award.
CORN PRODUCTS REFINING CO.
197
The above interpretation is agreed to by company and workers for each plant as
follows:
Argo plant—
F. M. Sayre, general superintendent.
Joseph Banas, general plant committee.
Pekin plant—
H . B. Lawton, general superintendent.
John H . Oltman, general plant committee.
Granite City—
J. W . Pfeiffer, general superintendent.
Tony Otto, general plant committee.
Edgewater plant—
H. T. Middleton, p. Chas. Ebert, general superintendent.
Chas. Christiansen, general plant committee.
Examiner’s Ruling No. 25.
Watchmen at all plants are in an operation that is necessarily carried on for seven
days in the week, and as such they are subject to the ruling of the original award
and are not subject to the ruling made in examiner’s ruling No. 24. Where watch
men are given a regular day off each week they are not entitled to double time for
Sundays. The company is required to give each watchman a regular day off each
week and to pay double time to watchmen required to work on the days assigned
to them as “ days off.”
Examiner’s Ruling No. 26 .
(a) The award is not retroactive except as to back pay, and no other clause of th©
award is effective prior to November 21, 1918, the day the award was promulgated by
the National War Labor Board.
(b) The company is not required to reinstate Fuller on the pay roll or to give him a
position in the plant.
(c) [ This is a recommendation, not a ruling.']
(d) No proceedings for reinstatement of suspended, demoted, or dismissed employees
can be brought unless such suspension, demotion, or dismissal was after November 21,
1918, except as provided for in examiner’s ruling No. 24.
(e) In view of the fact that the Chicago agreement promulgated as examiner’s ruling
No. 24 provided that after March 28,1919, no employee shall stand suspended, demoted,
or dismissed until after his shop committee or the general plant committee, as the case
may be, shall have passed on the merits of the charge against him, and that this pro
cedure effectually prevents proceedings for reinstatement by providing another method
of dealing with such cases, and in view of the fact that company officials have already
agreed to the recommendation in (c) above and in view of the fact that there ought to
be some time limit during which employees can claim reinstatement, I rule that no
proceedings for reinstatement of employees who claim to have been suspended,
demoted, or dismissed without just and sufficient cause can be brought after May 15,
1919, except such proceedings as are brought in accordance with examiner’s ruling
No. 24.
(J) This ruling shall be effective from date unless either the company or one of the
plant committees wish to appeal from it to the National War Labor Board. If such
appeal is taken, it must be filed with the National War Labor Board in Washington,
D. C., not later than May 5, 1919.
Examiner’s Ruling No. 27.
The superintendent of the Argo plant of the Corn Products Refining Co. and the
general plant committee, representing the workers of the plant, having unanimously
agreed to insert certain new titles into the classification in the award, the award is
modified by agreement as hereinbefore stated by the addition to the classification
of the following positions:
CORN PROCESS SERVICE.
Grade 2.
Group a.— $0.51 per hour, sulphur furnace and pump man.
RECEIVING, SHIPPING, AND STORES SERVICE.
Grade 3.
Group b.— $0.55 per hour, supply and stock mazk
198
CHAP. V.---- AWARDS OF NATIONAL WAR LABOR BOARD.
Examiner’s Ruling No. 28.
Raising the rates of some workers without raising the rates of others could easily be
used by the company as a means of discrimination. The award sets up a classification
of workers, and sets rates for them. The company is not permitted to raise or lower the
rates set in the award, except by specific authorization of the National War Labor
Board or its duly authorized examiner.
Examiner’s Ruling No. 29.
The general plant committee at each plant of the Corn Products Refining Co. shall
certify to the chief examiner of the National War Labor Board at Washington, D. C.,
not later than May L 3919, a complete and correct list of all shop committees, plant
committees, and alternates as provided by the award and rulings made under it. Also,
that whenever changes are made in the personnel of any committee, the general plant
committee shall issue the new committeeman or alternate a certificate of election set
ting forth the name of the committeeman or alternate replaced by the new member,
and that a correct copy of such certificate of election shall be filed with the company
and also sent to the chief examiner of the National War Labor Board at Washington
forthwith.
Sa m
E
vans
,
Examiner assigned by the secretary to administer the award.
Findings in re Employees v. Employers in Munition and Related Trades,
Bridgeport, Conn.11
132.
A u g u s t 2 8 , 1918.
In the case of the employees versus the employers in the city of Bridgeport, Conn.
The Bridgeport controversy was originally concerned solely with the machinists.
Later, by the action of the board in assuming jurisdiction, the case was extended to
include practically all the workers in the munition and related trades in Bridgeport.
The major portion of the hearings was devoted to a discussion of the machinists’
grievances. Some few other trades appeared and presented formal statements of
grievances, but a large number of the employees had no representation at all or did
not have their cases presented.
The controversy was bo exhaustively investigated by the chairmen and members
of the National War Labor Board that a vast amount of evidence and exhibits has been
made available bearing directly or indirectly upon the questions at issue. From
the hearings attended by the umpire it woula appear that on certain questions and
methods both sides are in substantial accord, but are deadlocked on the following:
The 8-hour workday.
Classification of trade and minimum wage.
Although certain definite principles and policies have been laid down for the
functioning of the National War Labor Board, governing the relation between workers
and employers in war industries for the duration of the war, it must be recognized
that the war needs of the country must have the first consideration both by employer
and employee, and that in this time of stress it is the duty of each to rigidly adhere
to those rules and principles which master minds have created for our guidance in all
labor controversies during the period of the war.
The records show that the Council of National Defense, the War Department, and
the American Federation of Labor have at various times since April, 1917, issued
statements which indicate that what is generally known as the “ open shop” shall not
be discriminated against by the “ closed shop” during the period of the war, and
that both shall work harmoniously together for the common weal to the end that the
war may be brought to a successful conclusion.
During the last year various labor controversies have occurred, the solution of which
has indicated a departure from the statements and policies enunciated by both sides,
and with the advent of the controversy in Bridgeport we come to one of such vast
importance in the war program and so complex that the solution of it must be ap
proached with the greatest deliberation and care, and both sides to the controversy
should realize that hasty action, especially in this case, would be a menace to our
successful conduct of the war.
11 For letters from the President of the United States to the manufacturers at Bridgeport and to the
striking employees concerning the enforcement of this award, see p p .----- .
EMPLOYEES IN M UNITION AND RELATED TRADES.
199
The 8-hour workday.— The National War Labor Board, under “ Hours of labor,”
states the following:
The basic 8-hour day is recognized as applying in all cases in which existing
law requires it. In all other cases the question of hours of labor shall be settled
with due regard to governmental necessities and the welfare, health, and proper
comfort of the workers.
In view of the fact that the evidence proves that an overwhelming majority of the
firms, parties to this controversy, have through the operation of this principle, or
voluntarily, conceded an 8-hour workday to the workers in their shops, it is only
reasonable that those firms which hold a different opinion should comply with the
will of the majority, and hence the 8-hour workday should be established in all shops
and factories subject to this ruling. I am constrained to come to this conclusion,
knowing the dissatisfaction and consequent interference with output that accrues in
a manufacturing community where a basic workday has come to be generally recog
nized but is resisted by a minority.
Classification of trade and minimum wage.— For many years Bridgeport manufac
turers have been operating under the open-shop methods. To attempt suddenly to
change this condition would so seriously upset the industries working under various
methods of operation and kinds of contracts that the needs of our country would be
jeopardized. The National War Labor Board principles govern the umpire as well
as the board. They state:
Right to organize—
The right of workers to organize in trade-unions and to bargain collectively
through chosen representatives is. recognized and affirmed. This right shall not
be denied, abridged, or interfered with by the employers in any manner what
soever.
Employers should not discharge workers for membership in trade-unions, nor
for legitimate trad e-union activities. The workers, in the exercise of their right
to^ organize, should^ not use coercive methods of any kind to induce persons to
join their organizations nor to induce employers to bargain or deal therewith.
Existing conditions.—
In establishments where the union shop exists the same shall continue, and the
union standards as to wages, hours of labor, and other conditions of employment
shall be maintained.
In establishments where union and nonunion men and women now work
together and the employer meets only with employees or representatives engaged
in said establishments, the continuance of such conditions shall not be deemed
a grievance. This declaration, however, is not intended in any manner to deny
the right or discourage the practice of the formation of labor unions or the joining
of the same by the workers m said establishments, as guaranteed in the preceding
section, nor to prevent the War Labor Board from urging or any umpire from
granting, under the machinery herein provided, improvements of their situation
m the matter of wages, hours of labor, or other conditions as shall be found desir
able from time to time.
In support of their contention the workers have cited the case of the shipyards,
where classification of trades and minimum wages have been granted. This is not a
parallel case to the situation in Bridgeport, because most of these shipyards were
created within the year, and their workers recruited to a large extent from organized
labor in the building and allied trades, in which trades classification and minimum
wage had long been recognized.
The Wright-Martin Aircraft,
The Bethlehem Steel, and
The Worthington Pump
awards were made m plants that were practically under control of the Government.
The Government having recognized classification and minimum wage in its arsenals
and navy yards, followed its own precedence in these cases.
In Bridgeport, however, we find these various shops and manufacturers operating
on war work direct or secondary, and on many other essential products, but under
such varied conditions of operation and contract that under the principles enunciated
above, and under the pronouncements made by the various governmental depart
ments and the Federation of Labor, I must deny the right to the worker to receive
at this time classification of trade and the minimum wage.
The representatives of the War Labor Board have agreed that, in accordance with
the principles of the National War Labor Board, the right of employees to bargain
collectively is recognized and is guaranteed to the workers of Bridgeport. This recog
nition admits that we have passed from the day of the individual to the day of the
200
CHAP. Y.---- AWARDS OF NATIONAL WAR LABOR BOARD.
group, and that the will of the group should have precedence over the will of the
individual.
The members of the National War Labor Board have also agreed that Bridgeport
should have a local board of mediation and conciliation of six members, three from
each side. They have also agreed that the War Labor Board shall appoint an
examiner.
Here, then, we have the beginning of an organization which has been accepted by
the representatives of both sides on the War Labor Board, to map out a plan with
the aid of the employers and employees of Bridgeport, to introduce the principle of
collective bargaining, and* to provide ways and means for allaying the labor unrest
due largely to the dilution of labor which the war needs have made necessary.
It must be realized that, due to the complexity of conditions existing in the factories
and shops of Bridgeport, the element of time and care must enter, so that an equitable
proposition as between the parties at issue may result. I would designate a period
of six months, the report to be ready March 1, 1919.
In view of this decision, and in order to determine the compensation the workers
in these Bridgeport plants should receive, I find that the employers have submitted
a very comprehensive report, including:
The pre-war wage scale,
The scale as of June, 1918, and
The percentage of increase in cost of living,
and I hereby rule that the increases offered by the employers for the workers in Bridge
port are fair and reasonable and should be accepted.
Award.
Minimum wage for men.— In no case shall any male employee 21 years of age or over
receive less than 42 cents per hour.
Minimum wage for wom.cn.— In no case shall any female employee 18 years of age
or over receive less than 32 cents per hour, and where women are employed on work
ordinarily performed by men, they shall be accorded equal pay for equal work, and
must not be allotted tasks disproportionate to their strength.
In all cases where women perform the same work as men, their pay shall be the same.
Hours of labor.— Eight hours shall constitute a day’s work. All time worked in
excess of a regular work day shall be considered overtime and paid for at the rate
of time and a half, but Sundays and holidays shall be paid for at the rate of double
time. The definition of what days constitute holidays shall be settled by the local
board.
Wage adjustment.— The following hourly wage rates are hereby decreed to apply
as of the date on which the award is effective:
Those receiving 40 cents per hour shall be paid 46 cents per hour.
Those receiving 41 cents per hour shall be paid 47 cents per hour.
Those receiving 42 cents per hour shall be paid 48 cents per hour.
Those receiving 43 cents per hour shall be paid 49 cents per hour.
Those receiving 44 cents per hour shall be paid 50 cents per hour.
Those receiving 45 cents per hour shall be paid 51 cents per hour.
Those receiving 46 cents per hour shall be paid 52 cents per hour.
Those receiving 47 cents per hour shall be paid 52| cents per hour.
Those receiving 48 cents per hour shall be paid 53 cents per hour.
Those receiving 49 cents per hour shall be paid.54 cents per hour.
Those receiving 50 cents per hour shall be paid 55 cents per hour.
Those receiving 51 cents per hour shall be paid 55J cents per hour.
Those receiving 52 cents per hour shall be paid 56| cents per hour.
Those receiving 53 cents per hour shall be paid 57f cents per hour.
Those receiving 54 cents per hour shall be paid 59 cents per hour.
Those receiving 55 cents per hour shall be paid 60 cents per hour.
Those receiving 56 cents per hour shall be paid 61 cents per hour.
■ Those receiving 57 cents per hour shall be paid 62 cents per hour.
Those receiving 58 cents per hour shall be paid 63 cents per hour.
Those receiving 59 cents per hour shall be paid 64 cents per hour.
Those receiving 60 cents per hour shall be paid 65 cents per hour.
Those receiving 61 cents per hour shall be paid 66 cents per hour.
Those receiving 62 cents per hour shall be paid 67 cents per hour.
Those receiving 63 cents per hour shall be p^id 68 cents per hour.
Those receiving 64 cents per hour shall be paid 69 cents per hour.
Those receiving 65 cents per hour shall be paid 70 cents per hour.
Those receiving 66 cents per hour shall be paid 71 cents per hour.
Those receiving 67 cents per hour shall be paid 72 cents per hour.
Those receiving 68 cents per hour shall be paid 73 cents per hour.
EMPLOYEES IN M UNITION AND RELATED TRADES.
Those
Those
Those
Those
Those
Those
Those
Those
Those
receiving
receiving
receiving
receiving
receiving
receiving
receiving
receiving
receiving
69
70
71
72
73
74
75
76
77
cents
cents
cents
cents
cents
cents
cents
cents
cents
per
per
per
per
per
per
per
per
per
hour shall
hour shall
hour shall
hour shall
hour shall
hour shall
hour shall
hour shall
hour shall
be
be
be
be
be
be
be
be
be
paid
paid
paid
paid
paid
paid
paid
paid
paid
201
74J cents per hour.
75 f cents per hour.
77 cents per hour.
78 cents per hour.
78 cents per hour.
78 cents per hour.
78 cents per hour.
78 cents per hour.
78 cents per hour.
No increase above 78 cents per hour.
JVo reductions.— The revision of wages provided for in this award shall in no case
operate to reduce wages or earnings of any employee.
^Collective bargaining.— The right of the employees to bargain collectively is recog
nized by the National War Labor Board; therefore the employees in the plants shall
be guaranteed this right.
Local board.— A local board of mediation and conciliation, consisting of six members,
shall be established, three members of which shall be selected by the employers and
three by the employees, for the purpose of bringing about agreements on disputed
issues not covered by this finding. In the event that the local board fails to bring
about an agreement, the points at issue shall be referred to the National War Labor
Board.
This local board shall be presided over by a chairman, who shall be selected by
and representative of the Secretary of War.
The examiner hereinafter provided for shall investigate all charges of discrimination
and shall report to the local board with the right to appeal to the National War Labor
Board.
Military exemptions.— Where the employers and companies through their officers,
or subordinates, or foremen, have made improper use of the selective draft, it shall
be first referred to the local board, and by it referred to the War Department, for
such action as may be warranted by the facts and the law.
Examiner— The National War Labor Board shall detail an examiner to supervise
the application of this finding. The examiner shall hear any differences arising
between the parties in respect to this finding, and shall promptly render his decision,
from which an appeal may be taken by either party to the National War Labor Board.
Pending such an appeal the decision of the examiner shall be enforced.
Duration.— This finding shall take effect in respect of the various companies as
specified in the following paragraph, and the award shall continue for the duration
of the war except as either party may reopen the case before the arbitrators at periods
of six months’ intervals, but in no event before February 1, 1919, for such adjustment
as changed conditions may render necessary. The companies shall have until October
1, 1918, to complete the back payments on wages herein awarded.
Retroactive feature.— This award is made retroactive until May 1, 1918, in the case
of the following companies:
Remington Arms
U. M. C. Plant
Liberty Ordnance Co.
American & British Manufacturing
Co.
E. W . Carpenter Manufacturing Co.
Bradley Machine Co.
Feeney Tool Co.
Bridgeport Die and Machine Co.
Bridgeport Gun Tool Co.
J. Pederson Machine Co.
S. Lowe & Sons Co.
Lindstrom Tool Works.
Electric Compositor Co.
Fred G. Breul.
International Tool & Gauge Co.
W . T . Smith Manufacturing Co.
Anderson Die & Machine Co.
H . E. Harris Engineering Co.
H . H . Boushean.
*F. S. Trumbull.
*Modera Manufacturing Co.
*Bridgeport Machine Tool Co.
^Precision Gauge and Tool Co.
*Bodreau Co.
*F. C. Sanford Manufacturing Co.
*Model Tool & Gauge Co.
* These companies were mentioned in the Major Rogers investigation as involved in
strike and investigation, but did not sign the petition submitting case to the War
Labor Board.
This award is made retroactive until June 26,1918, in the case of the following com
panies:
Locomobile Co. of America.
American Tube and Stamping Co.
Singer Manufacturing Co.
Bridgeport Brass Co.
A . H . Nilson Machine Co.
Connecticut Electric Manufactur
ing Co.
202
CHAP. V.— AWARDS OF NATIONAL WAR LABOR BOARD.
This award is made retroactive until July 1, 1918, in the case of the following
companies:
Bilton Machine & Tool Co.
Automatic Machine Co.
Holmes & Edwards Silver Co.
Bridgeport Motor Co. (In c.).
Bridgeport Chain Co.
American Chain Co. (Inc.).
Bridgeport Coach Lace Co.
Eastern Malleable Iron Co.
Salts Textile Manufacturing Co.
Bryant Electric Co.
Bridgeport Malleable Iron Works.
Bridgeport Hardware Manufactur
ing Corp.
Bullard Machine Tool Co.
Bullard Engineering Co.
Ashcroft Manufacturing Co.
Black Rock Manufacturing Co.
Bridgeport Metal Goods Manufacing Co.
Raybestos Co.
Handy & Harmon.
Bridgeport Cutter Works (Inc.).
Hamilton & De Loss (Inc.).
Electric Cable Co.
Housatonic Machine & Tool Co.
Coulter & McKenzie Machine Co.
Grant Manufacturing and Machine
Co.
Heppenstall Forge Co.
Blue Ribbon Body Co.
Harvey Hubbell (Inc.).
Standard Coupler Co.
Manufacturers Iron Foundry.
Max-Ams Machine Co.
Bridgeport Deoxidized Bronze &
Metal Co.
Sprague Meter Co.
Remington Typewriter Co.
IN T E R P R E T A T IO N OF B R ID G E P O R T A W A R D .
September 4, 1918.]
Mr. W . J e t t L a t jc k ,
Secretary, National War Labor Board, Washington, D. C.
D e a r S i r : In regard to the inquiry of the Secretary of War as to the meaning of
certain findings made by me in the Bridgeport award, I beg to say that I felt that it
was not fair for me to establish classification of trade and minimum wage at this time,
under all the conditions existing at Bridgeport, but in view of the fact that the repre
sentatives of the employers and employees on the National War Labor Board had
agreed that collective bargaining should be instituted at Bridgeport, and in addition
that a local board with equal representation of employers and employees was to be
inaugurated, that this board, with the help of employers and employees of Bridge
port, would take up all questions on which the parties to the controversy were not in
agreement.
It would be fully within the province of this local board to create other subsidiary
boards, and it was not the intent to bar the establishment of classification of trade and
minimum wage. In other words, it was recognized that a serious controversy existed
at Bridgeport, that it was not fair to adjust arbitrarily without proper discussion and
a reasonable time for conference; hence the six month period for this board, with the
help of employees and employers, to devise ways and means to adjust the controversy.
It is to be noted also that the award gives the right to either party to appeal to the
National War Labor Board at any time.
Very truly yours,
O t t o M. E i d l i t z , Umpire.
RU LIN G S OF T H E N A T IO N A L W A R L A B O R B O ARD IN T H E B R ID G E
PO R T A W A R D .
Alpheus Winter, examiner in charge, announces for the National War Labor Board
the following rulings and interpretations of the Bridgeport award for the guidance
of all concerned:
September 23, 1918.]
1. That the institution of collective bargaining, including the organization of shop
committees,12 is to be established solely under the direction of the examiner and
that any independent action will not be permitted.
2. That retroactive wage payments are to be worked out on the basis of rates paid
on May 1, June 26, and July 1, 1918. ^
3. That the 8-hour basic day provision so far as compensation is concerned, is to
be retroactive to the same dates as increased rates of pay.
12 Shop
com m ittee plan instituted here b y the National W ar Labor Board w ill be found on p p.
EMPLOYEES IN M UNITION AND RELATED TRADES.
203
4. That strikers without regard to or recognition of their union affiliations, on
returning to work shall be given proportionate representation in the convention to
select members of the local board of mediation and conciliation.
5. Employers shall immediately pay wages due under award since August 26;
they shall have until October 1, 1918, to make retroactive payments. ^
6. When charges of discrimination are made to the examiner he shall immediately
institute an investigation, and if the charges are sustained he shall immediately rein
state the employee who has been discriminated against and order payments to be
made to him for lost time. Pending appeal to the local board the employee shall
remain at work.
7. All strikers who returned to work at the President’s request have the option of
reinstatement in their old positions.
8. The local board of mediation and conciliation after its election is authorized to
create specialized craft or other boards to work out special craft problems such as
classification and minimum rates of pay.
9. After the establishment of the local board of mediation and conciliation the
examiner shall take up the selection of shop and craft committees.
September 26, 1918.]
10. Employees hired subsequently to the date of the award, namely August 26
1918, are not entitled to any increases provided under said findings.
For example, an employee hired September 1 at 50 cents per hour is not entitled
to an increase in wage because of any right granted by said award.
11. Employees hired upon the date of the award, namely August 26, are entitled
to the increases in wages tabulated in said award from said August 26.
For example, an employee hired on August 26 at the rate of 45 cents per hour is
entitled to 51 cents per hour from and including said August 26.
12. Employees hired by any companies subsequently to their dates of submission
to the board are entitled to the increases as provided in said award. There are three
groups of companies listed in the award— those of May 1, those of June 26, and those
of July 1.
For example, an employee hired May 15 by a company in the May 1 group at the
rate of 40 cents per hour is entitled to the retroactive payments based upon the rate
of 46 cents per hour from said date of employment.
13. Employees whose rates of pay have been increased by any companies since
their dates of submission to the board are entitled to the increases provided by the
award based upon the original rate paid at the date of submission and also upon any
subsequent increase or increases in rate per hour.
For example, if any employee who was receiving 40 cents per hour on July 1 from
a company in the July 1 group received an increase in wage to 45 cents per hour on
July 15, then under the award such employee would receive retroactive pay on the
basis of 46 cents from July 1 to July 14, inclusive, and retroactive pay on the basis of
51 cents from July 15 to August 26, inclusive.
14. Employees who worked for any company which is a party to the award, during
the retroactive period of said company, but who for any reason stopped work or were
discharged, are entitled to back pay based upon the increases set forth in the award;
provided a written demand is filed with such company or on before November 1, 1918.
15. Retroactive payments are based upon the hourly wage paid rather than upon
age or other considerations.
For example, an employee 19 years old who received 45 cents prior to the award
is entitled to retroactive pay upon the basis of 51 cents per hour for the time worked
within the periods defined by the awards.
September 27, 1918.]
16. Employees returning to work under the President’s order are entitled to the
same machine, bench, etc., and to the identical work they were doing prior to the
strike. Any effort to evade this ruling by changing a machine or by changing the
character of work customarily done thereon is contrary to the spirit and letter of
interpretation No. 7.
17. The award does not apply to executive or office employees who are upon a
salaried basis. Superintendents and foremen who are upon a salaried basis are not
beneficiaries under the award. Uniformed guards and watchmen, whether uni
formed or not, regardless of their basis of receiving pay, are considered as a part of
the executive department, and they are accordingly denied the benefits of the award.
18. The award applies to employees engaged directly or indirectly upon produc
tion work who are on an hourly basis of payment. Subforemen and leading hands
who are on an hourly basis are to receive the increases as set forth in the wage scale
of the award.
204
CHAP. V.---- AWARDS OF NATIONAL WAR LABOR BOARD.
19. No statement in the award or ruling made in connection therewith shall be
interpreted to mean that employers may not voluntarily increase the pay of employees
if they desire so to do regardless as to whether the employees are or are not bene
ficiaries under the award.
20. As set forth in the award and in interpretation No. 5, the employers who are
parties to the award are required to make all retroactive payments on or prior to
October 1, 1918. It is not, however, the intent of the award that the employers
shall be forced to perform an unreasonable or impossible act. The award originally
provided over 30 days for the employers to compute and make retroactive payments.
It was not until September 26, just one month after the date of the award, that the
employers were advised as to the final details for making back payments. Inasmuch
as this delay was in. no sense due to the employers or to circumstances over which
they had control, justice and equity demand that the date for final payment be ex
tended. It is therefore ruled that employers are entitled to the same period of time
for making retroactive payments as the award originally contemplated and November
1 is hereby promulgated as the final date for employers to make retroactive payments
to the employees defined in ruling No. 18, together with the recommendation that
this full period will only be taken where circumstances and conditions absolutely
require this entire extension.
October 3, 1918.]
•
21. Employees whose compensation for services is based upon piecework are
beneficiaries under the award. They will receive retroactive pay for work performed
during the periods covered by the award prior to August 26, 1918, as well as increases
for services rendered subsequently to said date, including straight and overtime
work in both instances.
22. The piecework day rates for men 21 years old or over shall not be less than 42
cents per hour; and for women 18 years old or over not less than 32 cents per hour.
This is effective for the full period of the award.
23. Piecework day rates shall be increased as per the hourly wage table set forth
in the award, effective for the full period of the award. Piecework prices are not
increased/
For example, a piecework day rate of 45 cents per hour is increased to 51 cents
for the computation of retroactive and current wage increases. A piecework price of
60 cents per 100 remains unchanged.
24. The following method for computing the retroactive and current piece-wage
increases for any period of time, such as day, week, month, or part thereof, shall be
applied:
First.— Divide the “ gross piecework earnings” (that is, total straight time
piecework earnings plus total overtime piecework earnings) by the ‘ ‘ gross hours
worked” (that is, total straight time piecework hours plus proper increase for
overtime worked) which will give the “ actual hourly piecework earnings.”
Second.— Apply said actual hourly piecework earnings to the hourly wage
schedule of the award and thus ascertain the proper “ cents per hour increase.”
Third.— Multiply said ‘ ‘ cents per hour increase ” by said ‘ ‘ gross hours worked, ”
which will give the ‘ ‘award increase.”
Fourth.— Add said “ award increase” to said “ actual hourly piecework earn
ings,” which will give the “ total piecework earnings.”
Fifth.— Add to the total “ piecework earnings” the “ total day rate earnings”
(that is, the amount earned upon the increased day-rate basis), which will give
the “ total piecework day-rate earnings.”
Sixth.— Add to the “ total piecework day-rate earnings,” or to the “ total
piecework earnings, ” in case there are no day-rate earnings, any bonus or pre
mium due and unpaid, which will give the final “ grand total earnings” payable
to employee.
25. Any bonus or premium in effect August 26, 1918, shall remain in force— in
other words, the benefit of the increased wages granted employees shall not be dimin
ished or destroyed by the cancellation of any bonus or premium.
26. The men’s hourly minimum of 42 cents and the women’s hourly minimum of
of 32 cents shall not apply to employees who are too old to perform an average day’s
wTork; nor to employees who, regardless of age, are mentally or physically incapacitated
for normal production.
Should any question arise under this ruling the wage to be paid in each instance
may be determined by mutual agreement between the employees’ committee and
that representative of the employer under whose joint jurisdiction the work of the
employee in question comes.
In case said parties fail to agree upon the special wage to be paid, both employee
and employer shall have the right to appeal to the local board of mediation and con
EMPLOYEES IN M UNITION AND RELATED TRADES.
205
ciliation; it being understood that nothing in this ruling 26 shall be interpreted to
mean that the employer may be forced either to employ or to retain the services of
these specifically described employees.
27. The November 1, 1918, time limit for the application of ruling No. 14 shall not
apply to employees who have entered the services of the United States Government—
their retroactive pay should be remitted promptly without demand wherever possible
and upon demand without time limit.
28. The following wage scale for women pieceworkers and day workers shall be
effective for the entire period of the award covering retroactive and current increases:
Those receiving 26 cents per hour shall be paid 32 cents per hour.
Those receiving 27 cents per hour shall be paid 33 cents per hour.
Those receiving 28 cents per hour shall be paid 34 cents per hour.
Those receiving 29 cents per hour shall be paid 35 cents per hour.
Those receiving 30 cents per hour shall be paid 36 cents per hour.
Those receiving 31 cents per hour shall be paid 37 cents per hour.
Those receiving 32 cents per hour shall be paid 38 cents per hour.
Those receiving 33 cents per hour shall be paid 39 cents per hour.
Those receiving 34 cents per hour shall be paid 40 cents per hour.
Those receiving 35 cents per hour shall be paid 41 cents per hour.
Those receiving 36 cents per hour shall be paid 42 cent's per hour.
Those receiving 37 cents per hour shall be paid 43 cents per hour.
Those receiving 38 cents per hour shall be paid 44 cents per hour.
Those receiving 39 cents per hour shall be paid 45 cents per hour.
Those receiving 40 cents per hour or over shall receive increases both retroactive
and current based upon the wage scale as set forth in the award.
The rules and interpreattions previously promulgated for applying the original
wage scale shall be strictly followed in putting into effect this women’s schedule.
Nothing in this ruling snail be interpreted as denying to women the “ equal pay for
equal work” guaranty of the award.
29. Like work performed by men and women, or work performed by men and trans
ferred to women since May 1. June 26, and July 1, in the several factory groups defined
by the award shall be paid tor at the piece or hourly prices paid men; provided, that
if additional assistance is required by women a reasonable reduction for this cost shall
be made from the men’s rates, and provided, that when production records indicate
that the output of individual women is greater or less than that of men, the hourly
rates for such women shall be adjusted to meet such differences.
Questions as to whether the work done by women is the same in kind or quantity
as that done by men, and questions as to any deductions or additions in wage rates
to be made because of such differences shall be settled by agreement of the manage
ment and the shop committees.
If an agreement can not be reached, appeals may be made in the manner hereafter
provided.
October 15, 1918.]
30. All appeals to the National War Labor Board appertaining to the rulings and
interpretations issued in connection with the application of the Bridgeport award
should be filed with Alpheus Winter, examiner, room 706, First Bridgeport National
Bank Building, Bridgeport, Conn. Said appeals will be promptly and properly
submitted to the National War Labor Board at Washington for consideration.
31. As set forth in the award proper, 8 hours shall constitute a basic day’s work, and
all time worked in excess of the regular work day shall be considered overtime, and
paid for at the rate of time and a half.
B y mutual agreement between the management and the workers the daily working
schedule may be so lengthened as to permit of a half holiday on one day of each week;
in such cases overtime shall only be allowed for the time actually worked each day
in excess of the hours, including fractions thereof, mutually agreed upon as a regular
day’s work.
For example, by mutual agreement 9 hours might constitute a day’s work for five
days a week and 3 hours might constitute the day’s work for the sixth day, and if this
schedule should actually be followed there would be no overtime. On the other hand,
with the above schedule, if 10 hours should be worked for five days and 5 hours on
the sixth day, there would be 7 hours overtime.
32. Wherever it was established as a custom on or before August 26, 1918, that
certain employees because of practical necessity worked on Sunday but received
one full day’s rest upon a fixed week day, such custom may continue without necessity
of paying double time for Sunday work.
206
CHAP. V.— AWARDS OF NATIONAL WAR LABOR BOARD.
October 21,1918.]
33. Ruling 17 is hereby augmented by the placing of firemen and engineers in the
same class as uniformed guards and watchmen. In other words, firemen and engineers
are considered as part of the executive department, and they are, accordingly, denied
the benefits of the awards.
34. Ruling 18 is hereby augmented to the extent that so-called shop clerks who are
upon an hourly wage basis and who are engaged in checking time or production, are
beneficiaries under the Bridgeport award, both as to retroactive and current wage
increases.
A l p h e u s W i n t e r , Examiner.
RESOLU TIO N .
December 18, 1918.]
Inasmuch as the Bridgeport Local Board of Mediation and Conciliation, composed
of representatives of the employers and employees of Bridgeport, has unanimously
indorsed the presentation of an appeal to Washington in connection with the whole
sale cancellation of war orders, whereby the Remington plants alone will be obliged
to immediately discharge 7,000 employees, or more than half of their total force; and
Whereas thousands of munition workers are already unemployed in the city of
Bridgeport, due to cancellation already put into effect; and
Whereas a committee of the local board of mediation and cancellation of Bridgeport,
accompanied by the examiner of the National War Labor Board, is present in person
to urge that this board request the Secretary of Labor to take cognizance of the serious
situation which impends because of these cancellations; therefore be it
Resolved, That the serious consequences to the munitions workers of Bridgeport
which are resulting, and are more likely to result, from such wholesale cancellations
of Government orders be respectfully referred to the Secretary of Labor, to be taken
up with the War and Navy Departments with the request that he use his efforts to
secure such modification of these cancellations as may reduce the hardship to labor
at the beginning cf winter and assure a graduated decrease in the number of munitions
workers employed in Bridgeport.
D ECISIONS ON APPEALS FROM E X A M IN E R ’ S RULINGS.
A P P EA L OP H . E. HARRIS EN G IN EERIN G CO. FROM RULING NO. 13.
February 19, 1919.]
W h e r e a s the administrator of the Bridgeport award issued, under date of Septem
ber 26, 1918, ruling No. 13, which reads:
Employees whose rates of pay have been increased by any companies since
their dates of submission to the board are entitled to the increase provided by
the award based upon the original rate paid at date of submission and also upon
any subsequent increase or increases per hour.
And whereas the sixty-odd manufacturers covered by the Bridgeport award have
in good faith applied said ruling No. 13 in accordance with the spirit and letter thereof
in making retroactive wage payment.
And whereas it would be manifestly unfair and discriminatory, in face of the above
fact, to relieve one manufacturer from applying ruling No. 13 in making retroactive
wage payments without likewise relieving all other similarly governed manufacturers;
It is therefore ordered that said appeal be and is hereby dismissed.
N a tio n a l W a r L a b o r B o a rd ,
B y W . J e t t L a u c k , Secretary.
appeal
from
r u lin g
NO. 14.
February 19, 1919.]
W h e r e a s the administrator of the above award rendered and issued, under date of
September 26, 1918, ruling No. 14, which reads:
Employees who worked for any company which is a party to the award during
the retrgactive period of said company, but who for any reason stopped work or
were discharged”, are entitled to back pay based upon the increases set forth in
the award; provided a written demand is filed with such company on or before
November 1, 1918.
EMPLOYEES IN M UNITION AND RELATED TRADES.
207
And whereas, as set forth in said appeal, a considerable number of employees who
for one reason or another stopped work on or before August 26, 1918, failed to file a
. written demand for retroactive wages as required by said ruling No. 14;
It is therefore ordered that said appeal be granted to the extent that an opportunity
be extended to the parties involved, as follows:
1. That the appeal as filed by said J. Walter Scheffer, attorney for the complain
ants, be accepted by all parties involved as an original brief, copies of which are to
be filed with the manufacturers involved or their legal representative.
2. That the manufacturers involved, or their legal representative, shall have one
week from the receipt of this order in which to file a reply brief or briefs, a, copy or
copies of which shall be transmitted to said complainants’ attorney, J. Walter Scheffer,
and intervener or interveners.
3. That said attorney for complainants, J. Walter Scheffer, or any intervener or
interveners, shall have one week from the receipt of said reply brief or briefs within
which to file a final brief.
4. That the board will, upon the case as above submitted, decide what action, if
any, shall be taken.
N a tio n a l W a r L a b o r B o a rd ,
B y W . J e t t L a t jc k , Secretary.
appeal
from
r u l in g
no
. 17.
February 19, 1919.]
W h e r e a s the administrator of the Bridgeport award issued, under date of Septem
ber 27, 1918, ruling No. 17, which reads:
The award does not apply to executives or office employees who are upon a
salary basis. Superintendents and foremen who are upon a salary basis are not
beneficiaries under the award. Uniformed guards and watchmen, whether
uniformed or not, regardless of their basis of receiving pay, are considered as a
part of the executive department and they are accordingly denied the benefits
of the awards; and
W h e r e a s the guards and watchmen of the Remington Arms Union Metallic Cart
ridge Co., as well as the guards and watchmen of other manufacturers covered by the
award, have filed an appeal against said ruling; and
W h e r e a s said appeal involves a considerable number of such guards and watch
men; and
W h e r e a s said appeal involves the payment to said guards and watchmen of a
considerable sum of money to which they feel that they are justly entitled under
the Bridgeport award; and
W h e r e a s the award proper did not clearly indicate a line of demarkation between
the employees of the plants involved who were to come under the award and those
that were to be denied the benefits thereof;
Be it therefore ordered that said appeal be granted to the extent that the parties
involved be given the opportunity of filing, within two weeks from the receipt of
this notice, a written brief setting forth reasons and arguments why said ruling No.
17 should or should not be set aside, it being further provided that the parties sub
mitting said original briefs shall exchange same and that both sides shall be given
one week after said exchange of briefs in which to make such answers thereto as they
may deem advisable; it being understood that as soon as possible after the expira
tion of the time set for filing the final briefs that the board will render a final deci
sion as to whether said ruling No. 17 shall be maintained or canceled.
N a tio n a l W a r L a b o r B o a rd ,
B y W . J e t t L a u c k , Secretary.
O RDERS ON APPEALS OF EM PLO YEES FROM E X A M IN E R ’S R U LIN GS
NO. 14 AN D NO. 17.
May 1, 1919.]
This case now comes before the National War Labor Board upon appeal from two
rulings, No. 14 and No. 17, made by the examiner appointed by this board to carry
out the provisions of its award of August 28, 1918.
208
CHAP. V .---- AWARDS OF NATIONAL WAR L4JBOR BOARD.
These rulings are as follows:
No. 14. Employees who worked for any company which is a party to the award
during the retroactive period of said company, but who for any reason stopped
work or were discharged, are entitled to back pay based upon the increases set
forth in the award; provided a written demand is filed with such company on
or before November 1, 1918.
No. 17. The award does not apply to executives or office employees who are
upon a salary basis! Superintendents and foremen who are upon a salary basis
are not beneficiaries under the award. Uniformed guards and watchmen, whether
uniformed or not, regardless of their basis of receiving pay, are considered as a
part of the executive department and they are accordingly denied the benefits
of the award.
The appeals from both rulings have been submitted by the parties upon written
briefs and affidavits. After due consideration thereof the board orders as follows:
The appeal from ruling No. 14 is sustained, the board being of the opinion that the
award included, among other employees, all who were working for the employers set
forth in the award between the retroactive date named therein and August 28, 1918,
regardless of how short the term of service, and that their right to compensation should
not be sacrified by their failure to file claims prior to November 1, 1918.
The appeal from ruling No. 17 is denied, the board being satisfied that the watch
men and guards, although rendering meritorious service, were properly differentiated
by the examiner from employees engaged in production of munitions of war, the class
of employees intended to be benefited by this award.
The board does believe, however, that a date should be established beyond which
the Bridgeport employers shall not be required to recognize any claims, by whom
soever made, for retroactive wages not theretofore presented. The board therefore
establishes June 1, 1919, as the date on or before which all claims for retroactive pay
must be presented, in writing, to the employers in order to be recognized and paid.
F r e d H e w it t ,
P. F . S u l l i v a n ,
Section.
Findings in re Employees v. Columbus Railway, Power & Light Co.
146.
J u l y 3 1 , 1918.
The arbitrators make the following findings and award:
Wages.— The arbitrators are fixing these rates for the period of the war only and
therefore substitute for more extended graduation of rates by years a shorter period
for the increases. The wage scale to be paid to all motormen and conductors shall be:
First three months of service, 41 cents per hour.
Next nine months of service, 43 cents per hour.
Thereafter, 45 cents per hour.
Wages of other employees.— The wages of employees other than motormen and con
ductors which have been submitted to the arbitrators for fixation, including employees
of the power station represented by the interveners in this case, shall be increased by
the same percentage that the maximum of the wage scale paid to motormen and con
ductors is increased by this award; provided, however, that if this percentage increase
does not bring the wage of any adult male employee up to the minimum of 42J cents
per hour he shall be paid said minimum of 42J cents per hour.
Schedules and hours.— The arbitrators make no change in the hours of work, either
in the platform hours or in the spread of the outside hours.
Working^ conditions.— The National War Labor Board has formulated and published
certain principles and policies. These principles and policies apply to the Columbus
Railway, Power & Light Co. and its employees. The company is under no obligation
to recognize the union, but it should not interfere with the right of its workers to
organize in a union, and the company should permit the organization of such workers
and receive committees representing them as organized.
A t the hearing, the company expressed itself as being opposed to its employees
wearing a union button while on duty. The arbitrators can readily see that at times
of tension between union and nonunion employees, the company might object if
either attempted while on duty to wear placards, banners, or buttons of unusual size,
perhaps bearing insulting legends, the manifest purpose being to persuade or to
intimidate. The arbitrators can, however, see no objection under ordinary circum
stances to the workers wearing a modest button of the ordinary size and design, worn
presumably not for any objectionable purposes, but as men wear Red Cross or fraternal
buttons. Should this button wearing stimulate angry feeling or lack of cooperation
MANUFACTURING COMPANIES IN SAGINAW, M ICH .
209
between union and nonunion employees, the company might reasonably forbid the
practice, but no such case is made.
Reinstatement of discharged employees.— The arbitrators are asked to pass upon the
reinstatement of the following four men, discharged by the company on or about
June 28, 1918: Karl R . Fenneman, William Hagans, F. W . Killian, and M. E. Reed.
These four men should be reinstated in their former positions and rating with pay for
all time lost by them on account of their discharge.
Interpretation of aivard.— For the purpose of securing a proper interpretation of the
award, the secretary of the National War Labor Board shall appoint an examiner who
shall hear any differences arising in respect to this award between the parties, and
promptly render his decision from which an appeal may be taken by either party to
the arbitrators making this award. Pending the appeal, the decision of the examiner
shall be binding.
Period of award.— This award shall take effect as of July 1, 1918, and shall continue
for the duration of the war, except that either party may reopen the case before the
arbitrators at periods of six months’ intervals beginning February 1, 1919, for such
adjustments as changed conditions may render necessary.
Financial recommendation.— This increase in wages will add substantially to the
operating cost of the company and will require a reconsideration by the proper regu
lating authority of the fares which the company is allowed by law to collect from its
passengers.
We make part of this award the words we have used in the award in the Cleveland
case:
We have recommended to the President that special congressional legislation
be enacted to enable some executive agency of the Federal Government to con
sider the very perilous financial condition of this and other electric street rail
ways of the country, and raise fares in each case in which the circumstances
require it. We believe it to be a war necessity justifying Federal inrerference.
Should this be deemed unwise, however, we urge upon the local authorities
and the people of the locality the pressing need for such an increase adequate
to meet the added cost of operation.
This is not a question turning on the history of the relations between the local
street railways and the municipalities in which they operate. The just claim for
an increase in fares does not rest upon any right to a dividend upon capital long
invested in the enterprise. The increase in fare must be given because of the
immediate pressure for money receipts now to keep the street railways running
so that they may meet the local and national demand for their service. Over
capitalization, corrupt methods, exorbitant dividends in the past are not relevant
to the question of policy in the present exigency. In justice, the public should
pay an adequate war compensation for a service which can not be rendered except
for war prices. The credit of these companies in floating bonds is gone. Their
ability to borrow on short notes is most limited. In the face of added expenses
which this and other awards of needed and fair compensation to their employees
will involve, such credit will completely disappear. Bankruptcy, receiverships,
and demoralization, with failure of service, must be the result. Hence our urgent
recommendation on this head.
W m . H. T a ft ,
F r a n k P. W a l s h ,
Arbitrators.
Award in re International Association of Machinists, Representing the
Employees v. Jackson & Church Co., Wilcox Motor & Manufacturing Co.,
Stork Motor Co., Carde Stamping & Tool Co., Jackson-Church-Wilcox
Co., Nelson Bros. Co., National Engineering Co., Werner & Pfleiderer
Co., Wickes Bros., and American Cash Register Co., all of Saginaw, Mich.
147.
O c t o b e r 2 5 , 1918.
The case of the International Association of Machinists representing employees
against the parties named above was duly submitted for adjudication as to hours of
labor, wages, and rates of pay for overtime.
The board makes the following award:
Hours.— (a) The regular working time of each full week shall consist of 48 hours,
divided into six daily periods of 8 hours. All time worked in excess of 8 hours within
any one day, or 48 hours within any one full week, shall be considered overtime and
shall, be paid for at the rate of time and a half, but any time worked on Sundays or
42663°— 2 1------14
210
CHAP. V.---- AWARDS OE NATIONAL WAR LABOR BOARD.
holidays shall he considered extra time and shall be paid for at the rate of double
time.
By mutual agreement between the management and the workers, the daily working
schedule may be so lengthened as to permit of a half holiday on one day of each week.
It is further provided that no worker shall be entitled to payment for overtime or
extra time unless he shall work 48 hours in said full week (or 40 hours when a holiday
intervenes) except in the case of illness, accident, misfortune, or other just and
necessary cause.
Excessive overtime shall not be exacted or permitted • and, in order that the same
may be kept within reasonable limits,, it is hereby decreed that where, in any one
day, more than two hours overtime in excess of 8 hours is required, then, for that day,
overtime shall be paid without regard to whether or not the worker shall, during that
week, have worked the weekly schedule provided for.
( b) For the purpose of securing the equitable application of section 1-a and adjust
ing all differences which may arise between the management and the workers in
regard to its operation, a permanent committee of four persons is hereby created in
each shop, two of whom shall be designated by the management of the plant and two
by the workers, the decisions of any three of whom shall be binding. In the event
of failure of the committee to reach an agreement, the case may be referred to the
examiner of the National War Labor Board, whose decision shall be binding except
that either party may appeal to the National War Labor Board, pending the adjudi
cation of which appeal the decision of the examiner shall be in force and effect.
Wages.— The wages of the employees shall be increased 20 per cent, this to apply
upon the rates in effect in the various establishments as of June 27 r 1918r considera
tion, however, being given to any individual advances made to employees since that
time.
This award as to wages is to be retroactive as of June 27, 1918, and the companies
are given until December 1, 1918, to make back payments.
Committees,— The principles upon which this board is founded guarantee the right
to employees 1o organize and bargain collectively, and there shall be no discrimina
tion or coercion directed against proper activities of this kind. Employees in the
exercise of their right to organize also shall not use coercive measures of any kind to
compel persons to join their unions, nor to induce employers to bargain or deal with
the unions.
As the right of workers to bargain collectively through committees is recognized
by the board, the companies shall recognize and deal with such committees after
they have been constituted by the employees.
The election of committees shall be held in the places where the largest total vote
of the men can be secured consistent with fairness of count and full and free expres
sion of choice, either in the shop or some convenient public building, as the parties
themselves shall agree upon.
The committees above provided shall meet with the management to establish such
classifications and minimum rates of pay as may seem to them necessary.
Examiner*— Should the committees and the management fail to agree upon the
application and interpretation of the terms of this award, upon request to the board
an examiner will be provided to supervise its execution.
The examiner in such cases shall hear any differences arising between the parties
and shall promptly render his decision, from which an appeal may be taken by either
party to the National War Labor Board.
System of apprenticeship.— With respect to demands of employees for an apprentice*
ship system, the board believes that one should be put into operation and recommends
that the management and the committees hereinbefore provided for take this question
up for adjustment.
Effective date.— This award shall be effective for the duration of the war, except
that either party may reopen the case before the board at periods of six months7
interval for such adjustments as changed conditions may render necessary.
The board desires to point out to the parties to this controversy that the questions
raised and for which the board has endeavored to find solutions will require a reason
able time to adjust satisfactorily, and that in view of the vital importance of the out
put of the different concern^ involved, both sides should address themselves with
patience and good spirit to finding fair and reasonable adjustments of the questions
In controversy.
C. E. M i c h a e l ,
W m . H. J o h n s t o n ,
Section.
OMAHA & COUNCIL BLUFFS STREET RAILWAY CO.
211
Findings in re Employees v. Omaha & Council Bluffs Street Railway Co.
154.
J u l y 3 1 , 1918.
The arbitrators make the following findings and award:
Wages.— The arbitrators are fixing these rates for the period of the war only, and
therefore substitute for more extended graduation of rates by years a shorter period
for the increases.
*
The wage scale to be paid to all motormen and conductors shall be:
First three months of service, 41 cents per hour.
N ext nine months of service, 43 cents per hour.
Thereafter, 45 cents per hour.
Wages of other employees.— The wages of employees other than motormen and con
ductors which have been submitted to the arbitrators for fixation, shall be increased
by the same percentage that the maximum of the wage scale paid to motormen and
conductors is increased by this award; provided, however, that if this percentage
increase does not bring the wage of any adult male employee up to a minimum of
42i cents per hour, he shall be paid said minimum of 42J cents per honr.
Schedules and hours.— Where the elapsed time consumed by swing runs exceeds 14
hours, an addition of pay for the period of excess consumed time shall be allowed as
follows:
For the fifteenth hour, 15 minutes.
For the sixteenth hour, 30 minutes.
For the seventeenth hour, 45 minutes.
For the eighteenth and each successive hour, 60 minutes.
These allowances are to be applied to successive periods of one-half hour each; less
than one-half of such period to be neglected, and more than one-half of each such
period to count as allowed time for the full allowed period. Whenever there is a
break or lay-off time in any of the schedule runs of 45 minutes or less, such break shall
be paid for at the rates prescribed in this award and shall be considered to be a part
of the platform time. Whenever a man is required to report for duty 10 minutes
or any other time before his car is due to leave, he shall be paid for such report time
unless he is already paid for the same under the provisions of this award.
Individual contracts.— The practice of the company in times past to take restrictive
personal contracts, such as were shown to the arbitrators, if continued, would be con
trary to the principles of the National War Labor Board. However, the counsel for
the company states to the arbitrators that this practice has been abandoned and calls
for no further action by the arbitrators.
Interpretation of the award.— For the purpose of securing a proper interpretation of
the award, the secretary of the National War Labor Board shall appoint an examiner,
who shall hear any differences arising in respect to this award between the parties,
and promptly render his decision, from which an appeal may be taken by either party
to the arbitrators making this award. Pending the appeal, the decision of the ex
aminer shall be binding.
Period of award.— This award shall take effect as of July 17, 1918, and shall con
tinue for the duration of the war, except that either party may reopen the case before
the arbitrators at periods of six months’ intervals beginning February 1, 1919, for
such adjustment as changed conditions may render necessary.
Financial recommendation.— This increase in wages will add substantially to the
operating cost of the company and will require a reconsideration by the proper regu
lating authority of the fares which the company is allowed by law to collect from its
passengers.
W e make part of this award the words we have used in the award in the Cleveland
case:
We have recommended to the President that special congressional legislation
be enacted to enable some executive agency of the Federal Government to con
sider the very perilous financial condition of this and other electric street rail
ways of the country, and raise fares in each case in which the circumstances
require it. W e believe it to be a war necessity justifying Federal interference.
Should this be deemed unwise, however, we urge upon the local authorities and
the people of the locality the pressing need for such an increase adequate to meet
the added cost of operation.
This is not a question turning on the history of the relations between the local
street railways and the municipalities in which they operate. The just claim for
an increase in fares does not rest upon any right to a dividend upon capital long
invested in the enterprise. The increase in fare must be given because of the
immediate pressure for money receipts now to keep the street railways running
so that they may meet the local and national demand for their service. Over
212
CHAP. V.---- AWARDS OF NATIONAL WAR LABOR BOARD.
capitalization, corrupt methods, exorbitant dividends in the past are not rele
vant to the question of policy in the present exigency. In justice, the public
should pay an adequate war compensation for a service which can not be ren
dered except for war prices. The credit of these companies in floating bonds is
gone. Their ability to borrow on short notes is most limited. ^ In the face of
added expenses which this and other awards of needed and fair compensation
N to their employees will involve, such credit will completely disappear. Bank
ruptcy, receiverships, and demoralization, with failure of sendee, must be the
result. Hence our urgent recommendation on this head.
W m . H. T a f t ,
F r a n k P. W a l s h ,
Arbitrators.
D ECISION.
H EARING AT OM AHA, JA N U A R Y
2 AN D 3, 1919, BE FO R E JOINT CHAIRM EN.
January 3, 1919.]
In this case, the employees have presented three applications: The first is an
appeal from the rulings of the examiners in the interpretation of the award made
by the joint chairmen on July 31; the second is a complaint that the company has
violated the award, and a request that it be directed to comply in the particular
instances of alleged violation; and the third is for a modification of the award to
increase wages over the amount fixed in the award, and for the substitution in place
of the existing schedule for the operation of the cars of the defendant company a
new schedule devised on a different basis which will make the daily operations of
service of the employees less burdensome.
First. Coming to the first application, the complaint is against the ruling of the
examiners in what are called ‘ ‘ early and late runs. ’9 These runs are now begun in the
evening of one day and concluded in the early morning of the next day, and the
spread, or elapsed time, is calculated from the beginning of the service in the evening
to the end of the service in the morning. The men complain that this is a change
from the custom that obtained before the award. The change reduces the estimate of the
elapsed time, or the spread, from about 21 hours to 14 or 15 hours.. Under the award,
provision was made for a time bonus in all cases where the spread exceeded 14 hours.
The company replies that before the award, where there was no bonus for spread, it made
no difference to the company or the men whether the beginning was in the morning
or the evening, but that as these runs are in effect night runs the spread should be
calculated from the evening to the morning in determining equitably what the time
bonus should be. The examiners, after looking into the matter, have held that these
are properly night runs and should be treated as such, unless the interval during the
night when the men are not at work and are not receiving pay should exceed 3J
hours. This interval is, it is true, an arbitrary interval, but it was inserted by the
examiners for the purpose of insuring that the run shall be a night run and reasonably
continuous as such. We do not think that at this time we should reverse the finding
of the examiners. We think these runs are properly night runs, and that the calcu
lation of spread, or lapsed time, is properly made on that basis. We think also that
the method used by the examiners in forbidding intervals of more than 3| hours, to
secure good faith in making them night runs, is justified at least until the 1st of Feb
ruary, when, by the terms of the award, and if either the company or the employees
desire it, the whole matter can be reopened for a rehearing.
The second objection is to the ruling of the examiners as to the minimum wage.
As to this we are not sufficiently advised of the actual ruling of the examiners and
its application to the particular instances, definitely to reverse or affirm the action of
the examiners. We can lay down as a general principle that 42J cents an hour was
intended by the award to apply to all the adult males serving the company, except
where the circumstances of the service involved the feature of a pension because of
the inability of the person concerned to render the full service of an adult male
workman. It will require the coming of the examiners to look into each case and
interpret this ruling of ours and to apply it to the particular instances.
Second. W e come now to the complaint against the company that the award has
not been complied with. The first instance called to our attention is the short piece
runs from 6^ to 7J hours, which, with the rates of wages, do not make a sufficient
compensation by the day to enable the men who receive the runs to live and require
OMAHA & COUNCIL BLUFFS STREET RAILWAY CO.
213
tliem to apply for tripper runs to eke out their day’s compensation. We think that
this arrangement made by the company, as explained by the assistant manager, was
for the purpose of reducing a spread beyond 18 hours and saving the penalty imposed
by the award of the board therefor. W e feel, however, that the short piece runs,
with the necessity for tripper runs, are in effect long-spread runs, without the penalty,
and are therefore not a fair and full compliance with the award of the board, and that
in the interest of economy the company has in these instances^ neglected the considera
tion of fairness to the men in dealing with the changes which the award required.
We therefore direct that these short piece runs shall be in some way amended to avoid
the injustice which we have pointed out; that this amendment shall take place after
a full conference with the full committee of the employees, and, if no agreement can
be reached, the proposed amendment of the company to which the employees may
object shall be submitted to the examiners for adjustment and decision. We leave
to the examiners to determine whether any retroactive allowance should be equita
bly made in any such cases.
Third. Objection is made to discrimination against the men. Whatever may have
been the policy of the company in the past, and whatever may have been the attitude
of some of the subordinates of the company in particular instances, we feel that the
declaration of the president of the company, and the few instances in which dis
crimination is charged, are evidence that the company is now trying to comply in
full with the orders of the board in this regard.
With reference to collective bargaining, which it is objected by the men that the
company has not fully accepted, we have this to say: This company is now con
ducting an open shop in which Union and nonunion men are employed without
discrimination. The rules of this board require that no obstacle or interference
should be offered by the company to the organization of the men in the unions, or
the affiliation of the local union with a national union. The rules of the board permit
an employer to insist that in the negotiations between him and his employees he
may deal only with his employees, and only with representatives of his employees
who are his employees, but it does not prevent his employees through the agency
of any union to which they may belong to adopt any method prescribed by the union
for the selection of a committee of employees to represent the union men in his
employ. The employees in this case who belong to the union, and they are SO per
cent ot all the employees, tendered a contract to the president of the company to
induce him to change the shop from an open shop to a closed shop. He declined to
accept this contract, and was within his right, under the rules of the board, in doing
so. He is not, by the rules of the board, required to deal by contract with the union
as a union, and in that sense he is not required to recognize the union. But the
words “ recognition of the union” have had an artificial and an improper meaning
given to them by employers. They have been too technical in their treatment of
committees of their employees who have come to them to represent their union em
ployees when they have said to such a committee, “ Do you represent the union?’'
and “ If you do, we decline to deal with you.” The question is not whether they
represent the union. The question is whether they, being employees, represent
other employees, and, if that is the fact, their mere refusal to say that they do not
represent the union, or their admission that they do, does not imply a contract dealing
with the union or any organization in the sense in which the War Labor Board under
stands the term. We think that, due to the pride of the men in their union and organi
zation and the technical sensitiveness of the employer, many troubles have arisen
that might have been completely avoided by a clear understanding of the view of
the National War Labor Board in this regard.
In the matter of the application for the modification of the award to increase wages,
and to make a fundamental change in the schedule, we overrule the present appli
cation, for the reason that under the award a full opportunity is given for opening
the award and the revision thereof on the 1st of February next, and the testimony
taken at this time may be considered with such supplemental evidence as the parties
may desire, and may be filed with the examiners before whom an application for such
revision would properly be taken.
W m . H. T a f t ,
B a s il M . M a n l y ,
Joint Chairmen.
214
CHAP. V.---- AWARDS OF NATIONAL WAR LABOR BOARD.
Findings and Award in re Employees Members of Division No. 732, Amal
gamated Association of Street & Electric Railway Employees of America
v. Georgia Railway & Power Co., Atlanta, Ga. [and Atlanta Northern
Railway Co., a Party Defendant by its Own Motion].
159.
D e c e m b e r 5 , 1918.
The undersigned were selected as a section of the National War Labor Board to
hear this controversy, and do hereby report to the board the following findings and
award:
Wages of motormen and conductors.— W e find that wages of motormen and con
ductors are a matter in dispute and are properly before the War Labor Board for
determination, and we do hereby fix the wage scale for motormen and conductors
as follows:
For the first three months of service, 36 cents per hour.
For the next nine months of service, 38 cents per hour.
Thereafter, 40 cents per hour.
Wages of other employees.— The wages of employees other than motormen and con
ductors, before this board for fixation, shall be increased by the same percentage
that the maximum of the wage scale paid to motormen and conductors is increased
by this award, with this limitation, that for all employees except employees under
21 years of age the minimum wage shall be 36 cents an hour, with the further limita
tion that none of these increases shall operate to carry the rate per hour for journey
men to a figure in excess of the present union craft rates in Atlanta.
Period o f award.— The award is to be effective and retroactive as of September 23,
1918, and shall continue until the end of the war as announced by Executive Procla
mation, except that either party may reopen the case before the board at periods of
six months’ interval, beginning June 1, 1919, for such adjustment as changed con
ditions may render necessary. The company is given until March 1, 1919, in which
to meet the back pay due under this award.
Working conditions.— (a) Wearing of union button.— The company issued an order
forbidding its employees to wear the union button while on duty. W e can see no
objection under ordinary circumstances to workers wearing a modest button of the
ordinary size and design, worn presumably not for any objectionable purpose but as
men wear Red Cross buttons or fraternal emblems. W e have, however, already
ruled in the Columbus case that “ should this-button wearing stimulate angry feeling
or lack of cooperation between union and nonunion employees, the company might
reasonably forbid the practice.” In this case the wearing of buttons seems to have
had such results. W e hope that this feeling may abate, but we find that for the
present the company is justified in forbidding the wearing of buttons while men are
on duty. This order shall not, however, be construed to limit in any way the rights
of men to wear union buttons while off duty.
( b)
Dealing with nonemployees, representative of union.— The company is under no
obligation to recognize the union or to deal with representatives of the union who
are not employees, but it should continue in its announced policy of permitting the
organization of its employees, receiving committees representing them as organized.
Reinstatement of discharged employees.— (a) 1916 men.— With regard to the employees
of the company who left the service of the company in 1916 and whose reinstatement
is requested by the complainants:
W e are of the opinion that the War Labor Board has no jurisdiction to pass on their
cases, as the time of their discharge occurred before the date of the creation of the
National War Labor Board and before the time of our Nation entering the war, and
the strike which occasioned the leaving of the company’s service by these men was
not connected with events occurring subsequent to the creation of the War Labor
Board, and the status or situation with regard to these men was not connected with
the present controversy, which is before the National War Labor Board for decision.
(b)
1918 men.— W e are asked to pass upon the reinstatement of the following seven
men, discharged by the company during the summer of 1918:
Name.
Date discharged.
T. A . R ed d ...................June 22,1918
J. T. Chapman______ June 18,1918
J. B. King.....................J u n e26,1918
A. S. Robinson........... July 5, 1918
Name.
-Date discharged.
C. F. Smith................... July 10,1918
R . F. Newman............. Jun e21,1918
T. L. McBrayer............June 4,1918
Two of these men, T . A . Redd and T . L. McBrayer, should be reinstated to their
former positions with full seniority rights and with full pay for all time lost by them
on account of their discharge, less earnings during the interim. W ith regard to the
other five men we recommend that the company be not required to reinstate these
IRON FOUNDRY OWNERS OF ELIZABETH, N. J .
215
men, as it is perfectly clear that they are incompetent and inefficient, and with
regard to It. F. Newman it is not at all clear from the testimony that he was
discharged.
Interpretation of award.— For the purpose of securing a proper interpretation of
this award the secretary of the National War Labor Board shall appoint an examiner,
who shall hear any difficulty arising in respect to the award between the parties and
promptly render his decision, from which an appeal may be taken by either party
to the board. Pending a final adjudication upon the appeal the decision of the
examiner shall be binding except as provided in the rules of the board.
Financial recommendation.— This increase in wages will add substantially to the
operating cost of the company and will require a reconsideration by the proper
regulating authority of the fares which the company is allowed by law to collect from
its passengers.
W e make part of this award the words we have used in the award in the Cleveland
and other cases:
W e recommend to the President that special congressional legislation be enacted
to enable some executive agency of the Federal Government to consider the very
perilous financial condition of this and other electric street railways of the country
and raise fares in each case in which the circumstances require it. W e believe
it to be a war necessity justifying Federal interference. Should this be deemed
unwise, however, we urge ujxm the local authorities and the people of the locality
the pressing need for such an increase adequate to meet the added cost of operation.
. This is not a question turning on the history of the relations between the local
street railways and the municipalities in which they operate. The just claim
for an increase in fares does not rest upon any right to a dividend upon capital
long invested in the enterprise. The increase in fare must be given because of
the immediate pressure for money receipts now to keep the street railways running
so that they may meet the local and national demand for their service. Over
capitalization, corrupt methods, exorbitant dividends in the past are not relevant
to the question of policy in the present exigency. In justice the public should
pay an adequate war compensation for a service which can not be rendered except
for war prices. The credit of these companies in floating bonds is gone. Their
ability to borrow on short notes is most limited. In the face of added expenses
which this and other awards of needed and fair compensation to their employees
will involve, such credit will completely disappear. Bankruptcy, receiverships,
and demoralization, with failure of service, must be the result. Hence our
urgent recommendation on this head.
It is true, however, that the financial situation with regard to this company is less
critical than that of some others in which this recommendation has been made.
W m . II. T a f t ,
B a s il M . M a n l y ,
Joint Chairmen and Section.
Award in re Local 81, Iron Molders’ Union v. Iron Foundry Owners of Eliza
beth, N. J.
160 .
D e c e m b e r 1 7, 1 91 8 .
The above case was jointly submitted for adjudication as to houra of labor, wages, and
rates of pay lor overtime, and was referred to in the joint submission as a “ wage dis
pute.”
It appears lrom the record that an agreement was made between the employers and
the employees in January, 1918, fixing the wages of molders and coremakers at $4.75
per day of 9 hours, that agreement to be in effect until July 1, 1918.
On May 31 the business agent of the union sent to the employers a demand for 72|
cents per hour on an 8-hour-per-day basis, with one and one-half times the hourly rate
for overtime and double hourly rate for Sundays and legal holidays.
A modus vivendi was arrived at, under which the employees continued at work on
a 9-hour-per-day basis, and the employers agreed to pay $5.75 for such a day, pending
settlement of the controversy by the War Labor Board.
The case was submitted under the express agreement that the award should not be
retroactive; the umpire is powerless to change these terms.
The situation therefore must be viewed as of the date of the hearing, unfortunately,
though without fault, deferred to December 7. The period affected is but little over
three weeks, until December 31, 1918.
Pending the submission, the armistice has been declared. While the jurisdiction
of the board continues until peace shall have been concluded, and while the possibility
216
CHAP. V.---- AWARDS OF NATIONAL WAR LABOR BOARD.
always exists that the situation may change, clearly for the period during which this
award is to be effective, the governmental necessities will not require that intensity
of production and increased hours of labor that active war conditions demanded.
Therefore, under the express principles governing this board in fixing hours of labor,
due regard is to be given to the welfare, health, and proper comfort of the workers.
For the reasons set forth in the opinions of the umpires m other cases before this board
and also most carefully expounded by Judge Alschuler in the Stockyards case, these
considerations fully justify the demands for the 8-hour day in the present stage of
industrial development, especially in an industry like that here in question in which
there is involved not only hard physical labor but changing conditions of temperature
under which the work is performed.
It is, however, urged that these considerations, valid though they may be as to the
straight- 8-hour day, have no application to the basic 8-hour day; that the latter im
plies a mutual intention to increase the number of hours not exceptionally but prac
tically regularly.
I need not here consider this objection, for the employees expressly stated before
the examiner and again urged at the argument before me that they wanted the straight
8-hour day awarded without the right of the employer to require overtime or Sunday
work.
For the short period remaining for the life of this award, I do not deem it reasonable
to enforce this request; for the same reason, it would be impracticable to provide for
some cooperative method of determining whether and when emergencies should be
deemed to necessitate overtime work; this ought, under the particular circumstances,
to continue as heretofore within the employer’s prerogative. While there is abundant
reason to expect that in the long run a change in the actual working day from 9 to 8
hours will not result in a lessening of production, it may well be that during the few
weeks of this award there will be some falling off. If the business exigencies require
that this be avoided, overtime work must be resorted to. But any such excess time
ought to be deemed abnormal; the normal wages ought therefore to be based upon the
normal day of 8 hours.
I am not forgetful that under the applicable governing principles, in fixing hours of
labor as well as wages, regard should be had to the labor standards and wage scales
prevailing in the localities affected. It can not, however, have been intended that
the rate of pay and hours of labor fixed by contract for a definite locality and for a fixed
period of six months or one year, whether in the prewar or war time, as in the case of
the foundries here in question, should be the measure of the rates to be fixed at the
expiration of that contract under a continually increasing cost of living and a con
sistent and insistent universal demand for the shorter day. Such an interpretation
would bar all progress; its inapplicability was recognized by both sides in advancing
the wage to $5.75 pending arbitration. If it were held to mean that general local indus
trial conditions, and not merely those in the specific industry involved, are to be con
sidered, but little help can be derived from this provision. For in Elizabeth, as in most
localities, there are doubtless vast differences in wages and hours of labor both for
skilled and unskilled industrial workers. If, however, the iron moldersin theimmediate
vicinity of Elizabeth alone be considered, there is no uniform practice either as to
wages or as to the normal day; if the line be extended to include New York as a ‘ ‘locality
affected,” while a large majority of foundries have a normal 9-hour day the contracts
providing therefor were made long before July 1, 1918, and expire December 31, 1918;
a very respectable minority, moreover, operate even now under a basic 8-hour day at
wages of $5.75 and upward.
.
In my judgment, however, the principle in question has an entirely different inter
pretation. If there are any real labor standards or wage scales in a particular industry
or generally in any community, they are usually the result of years of struggle, the
inevitable conflict between labor and capital under the prevailing industrial system.
In times of peace, this struggle would continue; in a time of war, it must be checked.
The country’s need must be the first consideration of both parties; as the boys in the
trenches stand ready to give up life itself, labor must stand ready to make its sacrifices,
by overwork, of health and normal longevity; all standards must yield to the Nation’s
wants, but only to this. In so far as patriotism permits, they are to be conserved and
regarded in making awards. Fairly interpreted, this provision makes the secured
wage and time scales a foundation upon which to build, and not an obstacle in the path
of progress except only as the exigencies of war may call for patriotic sacrifices.
The increased cost of living fully justifies the increased pay of $5.75 for the normal
day, agreed upon by the parties since the expiration of the contract on July 1, 1918;
that normal day, however, for the period from December 8 to December 31, 1918,
should be an 8 instead of a 9 hour day, with time and a half at the rate of 72 cents
per hour for overtime and double time for Sundays and holidays.
WORTHINGTON PU M P & M ACHINERY CORP., CUDAHY, WIS.
217
The award will be as follows:
Wages.— The minimum rate of wages to be paid members of the above-named local
union shall be $5.75 per day of 8 hours.
Hours of work and overtime rates.— Eight hours shall constitute a day’s work.
Overtime in excess of 8 hours shall be paid for at the rate of $1.08 per hour. Work
performed on Sundays and holidays shall be paid for at the rate of $1.44 per hour.
Period of award.— This award shall take effect as of December 7, 1918, and shall
continue in force until December 31, 1918.
Administration of award.— Should any difficulties arise in the application of this
award, they shall, if possible, be determined by the parties in dispute through con
ference, and, if unable to thus settle such controversies, they shall be referred to the
National War Labor Board for adjustment.
J u li a n W . M a c k , Umpire.
Decision in re Employees v. Worthington Pump & Machinery Corporation,
Power & Mining Machinery Works, Cudahy, Wis.
163.
D e c e m b e r 2 0 , 1 91 8 .
To t h e N a t i o n a l W a r L a b o r B o a r d :
On the 7th day of December, 1918, the above case was argued before me in Wash
ington. The record of the case was also submitted to me. As a result of my study
of the record and the arguments I now respectfully make report as follows:
the
h is t o r y
op
the
case
.
The Worthington Pump & Machinery Corporation has two plants at Cudahy, Wis.,
employing in all about 1,150 men and women. One plant is building engines for
the Emergency Fleet Corporation; the other is building agricultural machines. The
former is making money; the latter is losing money. The work being done for the
Emergency Fleet Corporation is being done on a lump-sum contract and not on. a
cost-plus basis. The output of both plants is considered “ essential.”
On June 10 the machinists and electricians made certain demands upon the com
pany, including, among others, a demand for an 8-hour day and a demand for ‘ ‘classi
fication.” These demands were refused by the company.
For the next six weeks there was considerable dissatisfaction among the employees.
The situation is well described in the testimony of Mr. John G. Voight at the subse
quent hearing before your examiner:
The men in the shop became uneasy and were after the committee every day
from June 16 until August 2, pressing the committee that something ought to
be done. The men wanted to quit and go to different firms or different parts
of the country. We urged them not to do so, but told them to stay because in
the end we would finally get our demands.— (Record, p. 35.)
Early in August the situation became so serious that the company offered to submit
the whole question to you. This was finally agreed to by the men.
A hearing was held in Milwaukee on August 14 by an examiner appointed by you.
At this hearing a new set of demands was introduced by the machinists and electri
cians, who asked for a rate of pay slightly above that asked for in June. Boilermakers
and patternmakers also presented demands at this hearing. Prior to the hearing
the company had granted an 8-hour day.
At the hearing the following facts developed in regard to the wage situation:
1. The wages are considerably higher than they were immediately before the
war, and have increased about as rapidly as has the cost of living. * *
The figures given, however, by the company are not strictly accurate, since
the number of men working at the different machines is not given and therefore
the real advance in wages is difficult to ascertain. [Examiner’s report, p. 7.]
2. The wages are about the same as other plants in the neighborhood. [Exam
iner’s report, p. 7.]
3. Although the wages paid by the company are about the same as those paid
in other similar plants in the neighborhood, the conditions in this plant are less
favorable on account of the distance from the city involving extra car fares and
longer hours. This is pointed out by Mr. John D. Bird, manager of the company,
in his testimony before your examiner:
We are located about 7\ miles from Milwaukee, and the other factories,
with the exception of one, are very much closer. We are burdened with
an additional fare, because of the recent decision of the State railroad com
mission to allow the interurban railroad companies more money for their
218
CHAP. V.— AWARDS OF NATIONAL WAR LABOR BOARD.
fares. Now, if we do not pay the men as much or more than was paid com
munity industries, other industries in Milwaukee County, they would not
go out to Cudahy to work. They would work closer to home. In the first
place, a man likes to sleep a little longer, and if he has got to get up a half
hour earlier to go to our plant than he has got to go to Filer & Stowell or some
of the other plants, he is going to the closer plant, so, therefore, we are com
pelled, because of our situation, to pay as good or better wages than are
paid in the same class of industry in the city, so, therefore, I am making
that statement to show you that while the rates may be— may appear low
in 1915, they were comparable with other like industries in Milwaukee
County. [Original record, p. 150.]
4. Although the wages are about the same as other plants in the neighborhood,
an examination of the wages paid tends to show that at present they are on a lower
level than in other similar localities. The scale evidently being lower at the
prewar period. [Examiner’s report, p. 9.]
This has caused considerable unrest and also an increase in the labor turnover
at these plants, as is shown from the following statement on page 5 of the exam
iner’s report:
The fact was clearly shown that agents have solicited skilled labor from
Milwaukee for use in plants engaged on Government contracts. This has
encouraged the employees to seek a higher wage level at Milwaukee and has
caused an increase in the labor turnover, as many of the men are induced to
leave for the plants in other cities where the higher wages are paid. [Exam
iner’s report, p. 5.]
5. It was admitted by all parties to the proceeding, including representatives
of other plants in Milwaukee, who testified in behalf of the Worthington Co.,
that any award made would have to be applied-by all of the companies in Mil
waukee if they desired to retain their employees. [Examiner’s report, p. 4.]
The record discloses that the employers of the Milwaukee district are highly
organized, and it is thought that any award in this case will affect all. It seems
reasonable to feel that any attempted “ classification ” will involve all of the plants
in this locality. [Examiner’s report, p. 9.]
6.
It was only because of the belief of the other employees of the other plants
that an award in this case would be made soon, and that the award would be
adopted by the other plants, that the men refrained from pressing complaints
against the other plants and agreed to continue at work. “ In all the plants, ex
cept the Worthington and the Peterson, the men have lost opportunity for in
creased wages from August, 1918, until the operation of the hoped-for awards in
the Worthington and Peterson cases is effective. * * * The men are in an
Ugly mood at this time and the failure to provide for them (even though they
are not officially before the board) will probably bring about serious difficulties
in Milwaukee, when the expected awards are made.” [Supplemental report of
examiner, pp. 3 and 4.]
There was a hearing of the case before you in Washington. As a result of that hear
ing a decision was reached by you on the following points:
Hours.— That the number of working hours shall be the same as at present, namely,
48 hours per week.
Overtime.— That time and one-half shall be paid for all overtime, and double time
for Sundays and such holidays as are fixed by the statutes of the State of Wisconsin.
Committees.— The company shall meet with the committees of its employees selected
by the employees of the various departments.
Discrimination.— The principles of this board recognize the right of employees to
organize into trade unions and to bargain collectively, and there shall be no dis
crimination or coercion directed against proper activities of this kind. Employees
in the exercise of their right to organize shall not use coercive measures of any kind
to compel any person to join their unions or to induce employers to bargain or deal
with their unions.
Sanitary conditions.— It is recommended, in view of the statement by Mr. Bird,
manager of the company, that he had asked for funds with which to provide proper
quarters for employees at the works and that the company would speedily remedy the
unsatisfactory quarters provided for the women, that these and other matters relating
to sanitary conditions be left in the hands of the company and committees selected
by the employees for adjustment.
Award effective.— This award shall be retroactive as of August 13, 1918, being the
date upon which the employees returned to work following the submission of the case
to this board.
Interpretation.— In the event of failure to agree as to the interpretation of this award,
the secretary of the National War Labor Board shall appoint an administrator upon the
WORTHINGTON PU M P
&MACHINERY
CORP., CUDAHY, WIS.
219
request of either party, who shall hear any differences arising in respect to the award,
and promptly render his decision, from which an appeal may be taken by either of the
parties to the National Labor Board. Pending such appeal the decision of the exam
iner shall be enforced.
Duration of award.— This award shall be enforced for the duration of the war, except
that either party may reopen the case before the War Labor Board on June 1, 1919,
and at intervals of six months thereafter, for such adjustments as changed condi
tions may render necessary.
You failed to reach a unanimous decision in regard to extra pay for night work, the
establishment of minimum wages for men and women, and the “ classification” of
employees.
POINTS AT ISSU E .
The questions before me for decision, therefore, are the following:
Shall night work receive extra compensation?— The employers say that no extra com
pensation should be paid; and say that extra compensation is not paid for night work
by other similar plants in the neighborhood. They introduce no evidence to that
effect. The employees ask for 5 per cent extra on night work.
Shall the minimum wage for men be set at 40 cents an hour or 4% cents an hour f — The
employers say that 40 cents an hour is high enough. The employees ask for 42 cents
an hour.
Shall the minimum wage for women be set at SO cents an hour or at 35 cents an hour f —
The employers say that 30 cents an hour is high enough. The employees ask for 35
cents an hour.
Shall a system of “ classification ” be established ivith minimum rates of zuages for the
different classes?— The employers say that “ classification” should not be established.
The employees ask for “ classification” as follows:
Cents per hour.
Machinists...........................................................................................................
Specialists and handymen............................................................................
Machinists* helpers..........................................................................................
Electricians........................................................ ................................................
Crane operators..................................................................................................
Electricians’ helpers........................................................................................
Patternmakers....................................................................................................
Boilermakers......................................................................................................
Layerouts and flange turners........................................................................
Boilermakers’ helpers.....................................................................................
75
65
50
75
70
50
80
72 J
77J
50~
GOVERNING PRINCIPLES.
The principles which must govern me in deciding these four questions have been laid
down by you in the past and are the following:
Existing conditions.— In establishments where the union shop exists the same
shall continue, and the union standards as to wages, hours of labor, and other
conditions of employment shall be maintained.
In establishments where union and nonunion men and women now work
together and the employer meets only with employees or representatives
engaged in said establishments, the continuance of such conditions shall not
be deemed a grievance. This declaration, however, is not intended in any
manner to deny the right or discourage the practice of the formation of labor
unions or the joining of same by the workers in said establishments, as guaran
teed in the preceding section, nor to prevent the War Labor Board from urging,
or any umpire from granting, under the machinery herein provided, improve
ment of their situation in the matter of wages, hours of labor, or other conditions
as shall be found desirable from time to time.
Established safeguards and regulations for the protection of the health and
safety of workers shall not be relaxed.
Women in industry.— If it shall become necessary to employ women on work
ordinarily performed by men, they must be allowed equal pay for equal work
and must not be allotted tasks disproportionate to their strength.
Custom of localities.— In fixing wages, hours, and conditions of labor, regard
should always be had to the labor standards, wage scales, and other conditions
prevailing in the localities affected.
The living wage.— The right of all workers, including common laborers, to a
living wage is hereby declared. In fixing wages, minimum rates of pay shall be
established which will insure the subsistence of the worker and his family in
health and reasonable comfort.
220
CHAP. V.— AWARDS OF NATIONAL WAR LABOR BOARD.
EXTR A COMPENSATION FOR NIGHT W O RK .
You have already, from time to time, decided that night work should receive an
extra compensation of 5 per cent. Among other cases where you have reached this
decision are:
Employees v. General Electric Co. of Schenectady, Docket 127.
Employees v. Poliak Steel Co., Docket 102.
Your decisions in these other cases are, it seems to me, based on sound economic
reasoning. Night work should receive a larger compensation because it involves a
greater strain in all ways upon the employee. A careful study of the brief prepared
by Mr. Justice Brandeis in “ The People of the State of New York v. C. S. Press,” in
April, 1914, can not fail to convince one of this fact. The statements contained therein
are so clear and to the point that I am going to quote several of them in support of each
of the following contentions:
In the first place, a night worker does not get so much sleep as a day worker, and sleep
in the daytime is not so good.
The most serious physical injury wrought by night work is due to the loss of
sleep it entails. This is because recuperation from fatigue and exhaustion takes
place only in sleep, and takes place fully only in sleep, at night. [Brandeis’s
brief, p. i .]
The degree of fatigue developed was greater during the night shift than during
theday. [Brandeis’s brief, p. 6.]
They (the men) are to a great extent victims of insomnia, being unable to sleep
in the daytime after night work and can not enjoy a sound night’s sleep in the
week of their day work; the men, in consequence, become nervous and depressed.
The irregular meals, hurriedly partaken of, disorder the stomach and seriously
affect all the organs of digestion, and thus a great deal of time is lost from illness.
[Brandeis’ brief, p. 11.]
In the forefront of the effects of night work upon health stands, to our mind,
the loss of night rest. Sleep at night is certainly far preferable to sleep by day.
It is, as everyone knows from his own experience, much deeper, heavier, more
refreshing, in a word, more restorative.
The inadequacy of day sleep is aggravated, for the men who work at night, by
special circumstances affecting both its quantity and its quality. Consider first
the case of the grown men. W e find from personal observation and inquiry that
living conditions and family habits and occupations all have their part in the
result. The laborers’ dwellings are generally small, noisy, and not well protected
from the weather; and the laborer has not the chance that the rich man has to find
out a cool and quiet room, darkened for his mid-day nap, but has to put up often
with the one room the family possesses— a room in which all the regular activi
ties of the hoe are going on, and sometimes tenement industries as well.
[Brandeis’s brief, p. 16.]
In the second place the lack of sunlight involved in night work is injurious:
Workers who are employed at night are inevitably deprived of sunlight. Sci
entific investigation has proved that the loss of sunlight is injurious in two ways:
First, it results in serious physical damage, both to human beings and to animals.
Night workers whose blood was examined showed a marked decrease in the red
coloring matter, resulting in a state of chronic blood impoverishment. Second,
the loss of sunlight favors the growth of bacteria, such as the germs of tuberculosis.
Conversely, the light destroys bacterial life. It has been called the cheapest and
most universal disinfectant. [Brandeis’s brief, p. 47.]
It has also been shown that animals kept in the dark without sunlight suffer a
loss of the red coloring matter in the blood. The same is found true of night
workers who are deprived of sunlight; impoverished blood is one of the main
symptoms. This fact "was confirmed by an examination of 800 bakers by the
investigators of the commission, described in its preliminary report. Night work
was found to increase their morbidity and mortality as well as to upset all the nor
mal habits of social life. [Brandeis’s brief, p. 48.]
In the third place, night work has an injurious effect upon the eyesight:
Night work often results in lifelong injury to the eyes. The danger of eye
strains from close application to work is intensified at night by insufficient and
improper lighting of workrooms. While it is true that the more general use of
electric lighting has improved the illumination of work places and has lessened
the vitiation of the air due to gaslighting, yet it has introduced new elements of
injury. The glare of excessive or unshaded lights may be as injurious to the eyes
as insufficient illumination. Moreover, experience has shown that injuries to
the eyes affect general health disastrously. [Brandeis’s brief, p. 60.]
WORTHINGTON PU M P & MACHINERY CORP., CUDAHY, WIS.
221
In the fourth place, it has a directly injurious effect on the general health of the
worker:
The digestive system undergoes functional changes owing to irregularity of
meals and night work; appetite fails, breathing becomes labored, the tongue
coated, there is frequently weight in the stomach, with sour eructations and con
stipation. Finally, dyspepsia sets in and may lead to serious gastroenteritis.
Lesions occur— if only functional— of the organs that should supply fresh fuel,
and the worker’s face indicates a condition of incipient anemia, of general debility.
The respiratory and circulatory systems of night workers do not present specific
functional alterations except a frequent sensation of shortness of breath and of
palpitation of the heart, to which many can bear witness. The procreative
power of men is diminished or impaired and the effect on the female gener
ative organs is also injurious. [Brandeis’s brief, p. 113.]
In the fifth place, it interferes seriously with family life and lowers the moral
standards:
The workers detest night work, because it is more exhausting. Day sleep is
less refreshing. The number of meals necessary in the family budget is increased,
extra cooking must be done, and the family order and system are disjointed.
Night product is inferior; accidents are more numerous; machines suffer more
damage; drunkenness increases, and a lower moral standard is established by
night work. Switzerland does not hesitate to condemn it, and she has put a stop
to it even in many industries where other countries regard it as indispensable.
[Brandeis’s brief, p. 260.]
The baker sleeps little as a rule, and the sleep he does get is a troubled kind of
sleep, broken b y noises that go on in the house and out of doors. He goes back
to work in the evening without having had the rest he needed. Thus his body
is often weakened, his health is broken, his spirits are dulled— and he becomes
defenseless against the most dreaded diseases. His nervous weakness, too, makes
him subject to violent reactions from even the slightest stimulation, since his
inhibitory centers have, as it were, ceased to function.
A.nd all this is encouraged by the fact that his manner of life makes it difficult
for him to have a family. ^ He is often driven to seek distraction and forgetfulness
of his abnormal life in violent pleasures; or he turns to easier amours * * *
as a substitute for the comforts of family life. [Brandeis’s brief, p. 262.]
Finally, it interferes with efforts to promote education and reduce illiteracy:
Night work and late overtime hours prevent the workers from taking advantage
of the educational opportunities offered by enlightened communities, such as
evening schools, public lectures, libraries, etc. [Brandeis’s brief, p. 263.]
For real cultivation of the mind two things are chiefly requisite— the one,
incitement and guidance; the other, intellectual companionship. And how are
these to be had when one’s evening and night are given up to mechanical labor
and one’s day to sleep, to amusement, or, as often happens, to some secondary
trade? The most stimulating club meetings and other gatherings, the instructive
lectures and courses, the reading of newspapers and books— all these things go on
almost exclusively in the evening and in the early part of the night; the night
worker is therefore cut off from them, and this alone means an irreparable loss of
opportunity for a development that broadens the mind, enlivens the spirit, and
often makes for practical advancement also. [Brandeis’s brief, p. 275.]
In view of all these facts I rule that—
Men employed on the night shift shall receive compensation 5 per cent higher than those
employed on the day shift.
M INIM UM
W AG E FOR M EN .
There is no difference in principle between the employer and the employees, since
the employer agrees to a 40 cent minimum, while the employees ask for a minimum
of 42 cents.
I have gone very^ carefully over the memorandum on the “ minimum wage and
increased cost of living ” prepared for you. I find that 42 cents is as low as any of the
workers’ living wage budgets, even assuming that the difference in the cost of living
between Milwaukee and New York is as great as the difference in the cost of food
between those two places. Moreover, you have already frequently established 42
cents as the minimum rate for men. Therefore I rule that—
In no case shall any male employee 21 years or over receive less than 42 cents per hour.
Provision may be made, hovoevet\ for pensioners, i. e., old or disabled men.
MINIMUM W AG E FOR W O M E N .
You have, from time to time, established a minimum wage for women, giving a
30 cents per hour rate in the Pittsfield General Electric case, and $15 per week in the
222
CHAP. Y.---- AWARDS OF NATIONAL WAR LABOR BOARD.
Schenectady General Electric case. I have made a study from all the data I could
obtain of the actual cost necessary to maintain a woman in industry in “ health and
reasonable comfort. ’ ’ I realize that a surprising number of women in industry have
to support dependents; but I have been unable to find the percentage of such women
in Milwaukee, and have, therefore, disregarded this particular feature of the situation.
I also realize that loss of time from sickness makes an additional burden upon women
in industry.
I am convinced that the smallest rate of pay on which a woman in industry, without
dependents, can maintain herself in “ health and reasonable comfort” is 35 cents per
hour, and I therefore rule that—
Women must be allowed equal pay with men for equal work, and must not be allotted
tasks disproportionate to their strength. In no case should any female employee 21 years
or over, having six months of experience in the plant, receive less than 85 cents per hour.
CLASSIFICATION.
The arguments advanced by the employer against “ classification ” are extremely
confused and seem to be directed partly against the principle of classification and
partly against the minimum rates asked for in the various classes. Their arguments
fall under the following broad heads:
1. Your board has no power to establish a system of classification.
2. The classification of men by machines, which now exists, is a natural growth
and must, therefore, not be interfered with by your board.
3. Classification is too difficult an undertaking for your board, or your umpire,
sitting in Washington, at such a great distance from the local conditions.
4. Classification if made by your board through a local investigation is too
expensive.
5. Classification will make it less easy to base wages on skill.
6. The rates of wages now paid by the Emergency Fleet Corporation are too high
for competitive industries.
The first argument, namely, that of jurisdiction, can be dismissed by pointing
out that your board has already established systems of classification in various cases,
acting presumably under the broad principle that the clause relating to nonunion
shops “ is not intended in any manner * * * to prevent the War Labor Board
from urging, or any umpire from granting, under the machinery herein provided,
improvement of their [the workers] situation in the matter of wages, hours of labor,
or other conditions as shall be found desirable from time to tim e.” Classifications
were established by you in the Coffeyville case, Docket 97, the Waynesboro case,
Docket 40, and the Worthington Pump (East Cambridge) case, Docket 14.
The second argument, namely, that because the old system of classification is a
natural growth no change must be made, is an argument which, if taken literally,
would have destroyed all progress in the past. If a change is wise on its merits, the
mere fact that it may change or alter a natural growth should not prevent its being
adopted.
In discussing the question of classification on its merits, the matter falls naturally
under two separate heads, and under these two heads the remaining arguments
advanced against classification, by the employers, will be discussed.
These two heads are:
First. The principle of classification by trades.
Second. The minimum rates to be established in the different classes.
First. The principle of classification by trades.
I believe that the principle of classification by trades is sound. I base my belief
on the following grounds:
(a) It is simple and practicable.— The classification of workers by their various
trades, as distinguished from the present system of classification, by the various
machines, is simple and practicable.
It has been worked out carefully by the
Emergency Fleet Corporation and the United States Navy. Although there has been
considerable criticism of the minimum rates established by the Fleet Corporation
and by the Navy, there has been no criticism of the methods of classification, which
have shown themselves to be extremely practicable and to work well in practice.
(b\ It makes it easier to grade the men according to their skill.— It should be borne
in mind that the system of classification asked for by the workers involves: First, the
division of the workers into different trades; and, second, the subdivision of the
workers in different trades into groups, determined by the skill of the worker. For
instance, there are machinists and electricians, and other trades; and within the trade
WORTHINGTON PUMP & MACHINERY CORP., CUDAHY, WIS.
223
01 machinists there are “ h elp ers,” “ h an d y m en ” or “ specialists,” and “ m achinists,”
based on the skill and experience of the individual worker.
T his trade subdivision can be supplem ented at the option of the employer b y a
greater number of subdivisions, also based on skill, such as first, second, and third
class machinists. In other words, the m en of each trade can, under this system ,
be graded, beginning w ith the comjnon laborer who gets the m inim um rate pf wages
based on the cost of living and going right u p to the most skilled mechanic. T h e
question of whether a man in a particular trade should be in one class or another of
his trade is to be decided, in accordance with the award of your board already agreed
upon in this case, b y representatives of the company and of the employees, and in
case of failure b y them to agree, b y your board.
I am convinced, therefore, that when this system of classification is clearly under
stood i t w ill b e seen to work out to the advantage of both employees and employer
as a satisfactory method of seeing that each m an has his wage based upon his skill
and not upon the strategic advantage w hich either the employer or the employee
m ay h ave at the particular m om ent when the wage bargain is made.
(c)
It tends toward the establishment o f standards and the ascertainment o f actualfacts.—
I am convinced, from m y study of this case and other data, that one of the great
difficulties in the present industrial situation in the U nited States is lack of knowledge
of the facts. T his lack of knowledge, and resulting confusion, is due largely to the lack
of standardization in wage rates. T h e situation in the plant of the W orthington Pump
Oo. gives a v iv id illustration of this. I t is absolutely impossible for even the em ploy
ers them selves to compare their wage rates with the wage rates of their competitors,
because their wage rates are divided into over 60 different classes. This m ultiplicity
of classes, and lack of standardization, is at tim es injurious to the employees, because
it enables th e employers to reduce the rate of wages arbitrarily b y splitting up the
employees into different groups. A t other tim es'it works against the interest of the
employer b y preventing him from getting the data necessary, in order to have him
find out whether his plant is being conducted efficiently. From the public point
of view it interferes w ith the knowledge of wage conditions, which is essential for the
passage of sound economic laws. Therefore, from the public point of view , and from
the point of view of both employers and employees, anything that tends toward
th e standardization af wages and toward the ascertainment of the exact facts involved
is, in the opinion of your um pire, a step in advance.
^ For these reasons I believe that the “ principle of classification b y trades” along the
lines dem anded b y the employees should b e established.
Second. The minimum rates to be established in the different classes.
Though the Em ergency F leet Corporation and the U nited States N a v y classification
rates m ay be too high for com petitive industry, the relative proportion of these rates
is good. T h ey were carefully studied before they were put into effect, and their
proportion has not been subjected to criticism. Therefore your umpire feels that
your board in establishing a system of classification should keep as nearly as possible
the same proportions as were established b y the Em ergency F leet Corporation and
the U nited States N a v y .
T he m inim um wage of 42 cents an hour, established b y you in previous cases and
asked for b y th e employees in this case, is about 90 per cent of the m inim um estab
lished b y the F leet Corporation and the U nited States N a vy , nam ely, 46 cents an hour.
I feel that this difference is a fair one and that it should be extended to the m inim um
rates for the various classes involved.
I think that the m inim um rates asked for b y the men should be granted, except
in so far as th ey exceed 90 per cent of the corresponding rates established b y the
F leet Corporation and the N a vy .
I therefore rule that—
A system o f classification shall be established and the minimum rates o f pay shall be as
follows:
C ents per hour.
Machinists...................................................................................................................... 72
Specialists...................................................................................................................... 56
Machinists’ helpers....................................................................... ............................ 49
E lectricians................................................................................................................... 72
Crane operators............................................................................................................ 70
Electricians’ helpers................................................................................................. 49
Pattern makers............................................................................................................ 77J
Boiler makers................................................................................................................ 72
Laverout and flange turners................................................................................... 7 7 -J
Boilermakers’ helpers............................................................................................... 49
224
CHAP. V.---- AWARDS OF NATIONAL, W AR LABOR BOARD.
Local machinery for classification.
I
feel that there should b e some machinery established b y w hich these various
m inim um rates can be changed as conditions change, and b y w hich new classes
for trades in these plants, not represented* before your board, can be established,
these changes and additions, however, to b e consistent with the general principles
laid down herein. I therefore rule that for this purpose—
A permanent committee offour persons shall be appointed, two of ivhom shall be desig
nated by the company and two by the workers. The decision o f any three o f these shall be
binding. In the event o f failure o f the committee to reach an agreement, the case may be
referred to the administrator appointed by the secretary o f your board under the avjard
already agreed upon by your board in this case, who shall promptly render his decision,
from which an appeal may be taken by either o f the parties to your board; pending such
appeals, the decision o f the administrator shall be in force. This committee may from
time to time change the minimum rates for the classes hereby established, and may provide
new ratesfor additional classes, subject, hovjever, to the general principles laid down herein.
RECOMMENDATIONS REG AR DIN G
SIM ILAR PLANTS IN M ILW A U K EE DISTRICT.
Although the other similar plants in the M ilwaukee district are not before you, or
m e, and can not, therefore, be covered by this award, ye t I think the advice of your
exam iner, in his supplem ental report, should be followed. Therefore, in justice to
the employees of these plants and m view of the general industrial situation in that
district, I urge the m anagem ent of these plants to conform with the terms of this award
and to m ake their wage adjustm ent similarly retroactive.
SU M M A R Y OF DECISION.
In review, I have decided th e various points at issue, as follows:
Extra compensation for night work.— M en employed on the night shift shall receive
compensation 5 per cen t higher than those em ployed on the day shift.
Minimum wages for men.— In no case shall any male employee 21 years or over
receive less than 42 cents an hour. Provision m ay be made, however, for pensioners,
i. e ., old or disabled m en.
Minimum wage for women.— W om en must be allowed equal pay with men for equal
work and m ust not be allotted tasks disproportionate to their strength. In no case
should any female em ployee 21 years or over, having six months of experience in the
plant, receive less than 35 cents an hour.
Classification.— A system of classification shall be established and the m im im um
rates of pay shall be as follows:
C en ts per hour.
Machinists......................................................................................................................
Specialists....................................................................... ..............................................
Machinists’ helpers....................................................................................................
Electricians........ ..........................................................................................................
Crane operators................................................................................................... ..
Electricians’ helpers........................................................................... .....................
Pattern m akers...........................................................................................................
Boiler m akers...............................................................................................................
Layerout and flange tu rners.. . '............................................................................
Boiler-makers’ helpers.............................................................................................
72
56
49
72
70
49
77 J
7 2"
77§
49
Local machinery.—-A permanent com m ittee of four persons shall be appointed, two
of whom shall be designated b y the com pany and two b y the workers. T h e decision of
any three of these shall be binding. In the event of failure of the committee to reach
an agreement, the case m ay be referred to the administrator appointed by the secretary
of your board under the award already agreed upon by your board in the case, who shall
promptly render his decision, from which an appeal may be taken b y either of the
parties to your board; pending such appeals, the decision of the administrator shall
be in force. This committee m ay from tim e to tim e change the m inim um rates for the
classes hereby established and m ay provide new rates for additional classes, subject,
however, to the general principles laid down herein.
R espectfully subm itted.
M atthew
H
ale,
U m pire.
225
BOSTON ELEVATED RAILW AY CO.
D E N I A L O F E M P L O Y E E S ’ M O T IO N F O B R E H E A R I N G .
March 25, 1919.]
On Decem ber 20, 1918, m y decision in the above case was received b y the National
W ar Labor Board. On January 1 8,1 9 19 , the employers filed a motion for a rehearing.
I
have read w ith great care the reasons set forth b y the employers in this motion for a
rehearing. T h e points brought up in this motion for a rehearing are the same points
that were argued before m e when the case was originally heard by me. No new facts
are brought out.
I
see no reason to change any of the opinions I expressed in regard to an y of these
matters.
Therefore I must deny the motion for a rehearing.
R espectfully submitted.
M a tth e w
H a le ,
Umpire.
Award in re Federal Labor Union No. 150 4 7 v. Union Carbide Co., Sault
Ste. Marie, Mich.
174.
Jan u ary
1 5 , 191 9 .
Collective bargaining.— The principles upon which the National W ar Labor Board
is founded guarantee the right to employees to organize and to bargain collectively,
and there shall be no discrimination or coercion directed against proper activities of
this kind. Em ployees in the exercise of their right to organize also shall not use
coercive measures of any kind to compel persons to join their unions nor to induce
employers to bargain or deal with their unions. A s the right of workers to bargain
collectively through committees has been recognized by the board, the com pany shall
recognize and deal with such committees after they have been constituted b y the
em ployees.
Hours of labor.— Hours of labor to continue as at present.
Wages.— The basic hourly rates of wages in effect October 1 ,1 9 1 8 , are to be increased
10 per cent, and retroactive pay is to date from that tim e. The com pany is given
until February 15, 1919, to make paym ent of back wages and is to receive considera
tion for any increases given since October 1 , 1918, in the basic hourly rates.
N o t e . — The production and attendance bonuses earned b y the employees are not
to be computed as part of the basic rate. From and after the date of this award it is
optional with the com pany as to the continuance of the attendance and production
bonuses.
Interpretation of award.— Should any differences arise relative to the application
and interpretation of the terms of this award, upon request b y either party to the
secretary of the National W ar Labor Board an administrator w ill be provided to super
vise its application. The administrator in such cases shall hear any differences arising
between the parties and prom ptly render his decision, upon which an appeal m ay be
taken b y either party to the National W ar Labor Board.
Duration of award.— This award shall be in effect for the period of the war, provided
that on April 1 and at six m onths’ intervals thereafter application m ay be made b y
either party for such adjustment as changed conditions m ay render necessary.
C. E . M i c h a e l ,
A
dam
W ilk in s o n ,
Section.
Findings of Joint Chairmen as Arbitrators in re Employees v. Boston Ele
vated Railway Co.
1 81 .
O c t o b e r 2 , 191 8 .
T he arbitrators make the following findings and award:
Wages.— The arbitrators are fixing these rates for the period of the war only, and
therefore substitute for extended graduation of rates b y years a shorter period for
the increases.
T he wage scales to be paid all motormen, conductors, guards, and brakemen shall b e :
Surface lines, motormen and conductors—
First three months of service, 43 cents per hour.
N e xt nine months of service, 46 cents per hour.
Thereafter, 48 cents per hour.
R apid transit lines, motormen—
First three months of service, 45 cents per hour.
N ext nine months of service, 48 cents per hour.
Thereafter, 50 cents per hour.
4 2 6 6 3 °— 21------- 15
226
CHAP. V .— AWARDS OF N ATIONAL W AR LABOK BOARD.
R apid transit lines, guards—
First three months of service, 43 cents per hour.
N e x t nine months of service, 4 3 f cents per hour.
Thereafter, 44J cents per hour.
Rapid transit lines, brakemen—
First three months of service, 40 cents per hour.
N e x t nine months of service, 41 cents per hour.
Thereafter, 4 2 j cents per hour.
Wages o f other employees.— The wages of employees other than those fixed above
w hich have been subm itted to the arbitrators for fixation and over which the arbi
trators have jurisdiction shall be increased b y the same percentage that the m axim um
of the wage scale paid to surface motormen and conductors is increased b y this award;
provided, however, that if this percentage increase does not bring the wage of any
adult male em ployee up to the m inim um of 42J cents per hour, he shall be paid said
m inim um of 42J cents per hour, and provided further that where women are em
ployed in the same classification as men, they shall be paid equal pay for equal work.
Th e f oregoing provision shall not apply to such employees who are already receiv
ing union craft rates.
Schedule of hours.— T he arbitrators recommend that for the duration of the war
the agreement as to schedule runs on both the surface and the rapid transit lines
be modified so that 55 per cent instead of 70 per cent of the schedule runs are to be
laid out with outside tim e not to exceed 11 hours.
Interpretation o f award.— For the purpose of securing a proper interpretation of this
award, the secretary of the National W ar Labor Board shall appoint an examiner,
who shall hear any differences arising in respect to the award between the parties
and promptly render his decision, from w hich an appeal m ay be taken b y either
party to the arbitrators making this award. Pending a final adjudication of the
appeal the decision of the examiner shall be binding.
Period o f aivard.— T his award is to take effect as of June 15, 1918, and shall con
tinue for the duration of the war, except that either party m ay reopen the case before
the arbitrators at periods of six months’ interval, beginning April 1, 1919, for such
adjustment as changed conditions m ay render necessary.
T he company shall be allowed until Decem ber 1, 1918, to make the paym ent to
its employees of the back pay due them under this award.
Financial recommendation.— T he award in this case is an increase in the m axim um
wages of surface motormen and conductors from 37| cents to 48 cents per hour. The
increase is substantial, but is fair. It is required b y the increase in the cost of living
and brings the wage in Boston only up to a parity with wages of motormen and con
ductors in other cities of similar importance, where the cost of living is at most not
higher than it is in Boston. T h e fare rate in Boston is elastic under the legislation
recently enacted, and is intended to be fixed from tim e to tim e at such a point where
the earnings will cover operating costs, fixed charges, and a reasonable return upon
the capital stock.
I f the com pany needs coal or steel in the operation of its road it must p ay the war
prices for these commodities or go without. Sim ilarly if it needs labor, it must also
p ay a price commensurate w ith the present exigency, a price that will enable its
employees to m eet their greatly increased expenses.
In justice the public should
pay an adequate war compensation for a service that cannot be rendered except for
war prices.
W m . H. T aft.
F r a n k P. W a l s h ,
Arbitrators.
D E C I S I O N O F A R B I T R A T O R S O N A P P E A L IN R E W O M E N C O L L E C T O R S
ON L I N E S O F B O S T O N E L E V A T E D R A I L W A Y CO.
December 5, 1918.]
This is an appeal heard before the recess committee and referred to the joint chair
m en, who sat as arbitrators in the original case, before whom such appeal should
come. A fter having considered the ruling of the examiners in this case, in which
they hold that the compensation of women collectors here is not to be determined by
reference to the m inim um lim itation of adult male wages, we approve such interpre
tation of the award; but looking further into the case we find that the compensation
fixed b y the award, as interpreted b y the examiners, is not adequate, and we find that
the woman collectors should receive 40 cents an hour.
W m . H. T aft,
B a s il M . M a n l y ,
Joint Chairmen.
227
EMPLOYEES OF MADISON, W IS.
M O D I F IC A T I O N O F A W A R D .
January, 15, 1919.]
A n award was made in the above case October 2, 1918, b y the undersigned acting as
arbitrators. Subsequently an agreement has been reached between the representa
tives of the company and of the employees and of the Commonwealth of Massachusetts
respecting the rates of wages which should be paid to certain classes of the employees.
W e have been asked to approve all these rates as thus agreed upon and we hereby find
that the following wages should be established:
Car house repairmen:
First class, 55 cents.
Second class, 50 cents.
Third class, 45 cents.
The first class shall include men on the rapid transit lines now receiving 48 f cents
and m en on the surface lines now receiving 43| cents.
T he second class shall include m en on the rapid transit lines now receiving 43 J cents
and men on surface lines who, prior to the board’s award, received 30 cents plus 2
cents per hour, or m en who have been promoted to that class since the award.
Th e third class shall include men on the rapid transit lines now receiving 42J cents
per hour and men on surface lines who, prior to the award,, received 26 cents plus 2
cents, or men who have been promoted and appointed car house repairmen since that
time.
Trackmen (surface and rapid transit):
Cents.
Night men ...................................................................................................
50
Day m e n .................................................................................................. „. 48
W elders.................. .................................................................................... ♦____
60
R ail grinders:
First class.......................................................................................... ..........
53
Second class................................................................................................
50
Switch repairmen................................................................... ..........................
50
Center plate repairmen................................................................................... 50
Track walkers......................................................................................................
50
These wages are to be paid as of Novem ber 16, 1918, and the company is to be al
lowed until March 1 , 1919, for the paym ent of the back pay due the employees under
this supplementary award.
The provisions of the original award are still to apply except as changed b y the ab ove,
W m. H. T a ft,
B a s il M. M a n ly ,
Arbitrators.
Awards in re Machinists et al. v. Employers of Madison? Wis. 1 95 .
F ebru ary
1 9 , 1 91 9 .
This case was jointly submitted for decision as to labor disputes between employers
and employees in the city of Madison, W is. A n agreement of submission was signed
b y or for the following companies and corporations :
Southern Wisconsin Foundry Co.
Steinle T uiret Machine Co.
C. F. Burgess Laboratories.
Burgess Battery Co.
Northwestern Ordnance Co.
Gisholt M achine Co.
Fuller & Johnson Manufacturing
Co.
M adison-Kipp Lubricator Co.
Scanlan-Morris Co.
The War Labor Board could not reach a unanimous conclusion, and the case is here
for determination b y reference under the rules.
There are 16 industries in the city of Madison which m ay be denominated as m anu
facturing establishments. E vidence was submitted b y most of them, bu t in the
absence of an agreement for submission of the controversies b y both parties no determi
nation can be properly made. The C. F . Burgess Laboratories is a holding com pany
for the Burgess Battery Co. I t employes a few persons, largely in office work. A t
the hearing no one appeared in any capacity to make demands on behalf of the
employees, or to introduce evidence.
It was agreed at the hearing that the controversies between the employers and
employees of each company should be separately considered.
The demands the employees made of each com pany wrere identical and were sub
mitted early in the month of June, 1918. In brief, they are as follows:
1.
A n increase in the m inim um wage rate equal to that granted b y the Great Lakes
shipping award.
228
CHAP. V .---- AWARDS OF NATIONAL W AR LABOR BOARD.
2 . A system of collective bargaining through the agency of shop committees elected
for that purpose.
3. That 8 hours be established as the basic work day.
4. T im e and one-half for overtime, except Sundays and holidays, for w hich double
tim e shall be paid, and an additional 5 per cent for m en on night work.
5. The abolition of the bonus and premium systems, and the establishment of a flat
hourly rate.
6 . The establishment of a m inim um wage for women, with a 48-hour week as a
m axim um .
7. The increase of wages as granted to be retroactive as of June 10, 1918, with an
adjustment as of that date of all bonuses earned.
8 . Award to apply to m en and women employed on piecework, b y the hour, day,
week, or month, excluding the employees working in the offices.
9. W om en to receive the same wage as men for the same work.
1 0 . That if there be an award based on the Great Lakes shipping schedule, as of
April, 1918, that any increase granted in that industry prior to February 1 , 1919,
shall automatically apply to the Madison plant.
These demands were refused b y the employers, and there were strikes in a few of
the plants, which were terminated on the agreement of submission.
Madison is not what is known as an industrial center. I t is a city of about 38,000
people, located in the midst of an agricultural region, about 80 miles west of Milwaukee,
W is., and about 140 miles northwest of Chicago, 111. It is the capital of the State,
and the seat of the University of Wisconsin. There are no large manufacturing cities
near Madison, and the cost of living is low compared with m any other cities of equal
or greater population in the same general territory. In short, the conditions of living
and of labor and em ploym ent in Madison are not fairly to be compared with those
in any shipyard on the Great Lakes, or with Milwaukee or Chicago. There is no
organization of the manufacturing interests of Madison.
The manufacturing industries in Madison are comparatively small, em ploying
relatively few men. The workmen are engaged in special em ploym ent, not com
parable in all respects to the classes defined and outlined in the Great Lakes award.
M any of the employees in Madison have continued with the same factory for years,
having no previous experience. M any, if not most of them, were recruited from farms,
railroads, or other activities in the region. Separated from the particular em ploym ent
in which they have specialized for years th ey would have no particular fitness for
em ploym ent elsewhere. That is to say, employees called machinists, etc., are not
those who have had years of apprenticeship and who could take a set of blue prints and
erect a machine. T h ey have learned to operate a particular machine to produce a
certain article or part of an article. It is true that in some factories in Madison there are
a few men who could qualify as machinists, molders, etc., in the accepted meaning of
the terms, but for the most part such workers are employed as foremen or superintend
ents. I t would no doubt be possible to classify the employees in each industry in
Madison, but the result would not, under present conditions, lead to uniformity of
wages as between the different industries, or conduce to greater equality of paym ent
or circumstances respecting em ploym ent.
Madison is an established com m unity, where the workers, to an unusually large
extent, own their own homes or have resided there for a long tim e, so that the condi
tions are entirely different from those which obtain where workmen are entitled to
higher wages as compensation, in part, for the added expense and inconvenience of
living accommodations. In the shipbuilding industry contracts are ordinarily of
long duration and are on a noncom petitive basis, while in Madison the business, for
the most part, is on a highly competitive basis and of an utterly different sort from
. shipbuilding.
However, the workman, wherever he m ay be, is worthy of his hire. W e are bound
to take into consideration the high cost of living when measuring his compensation for
a d ay’s work. The record shows that the cost of living in Madison has not increased
on the whole as rapidly, nor reached as high a level, as m any other points to which
reference is had in evidence. In fact, the evidence as to the cost of living is not ex
tended nor convincing. I t can not be determined on this record just what daily
charges the factory workers of Madison are required to m eet in order to insure to them
a comfortable living. I t appears that the increase in living costs in Madison was
about 60 per cent greater in 1918 than in 1914. Certain workers find it difficult to secure
the ordinary comforts of life at the wages th ey receive from some of the employers in
Madison. Such a condition ought not to exist anywhere. A worker is entitled,
if he be sober and industrious, as a matter of right, to something more than the bare
living cost. H is right is to receive a wage that shall insure to himself and dependents
those ordinary comforts of life that go to make up a happy home.
EMPLOYEES OF MADISON, W IS .
229
It is argued b y the employers that because their employees have had their wages
increased from tim e to tim e, so that the wages now received represent about the same
percentage of increase as the increase in living cost, they have done their full duty
m the premises. This, of course, must be based on the assumption that in 1914 the
wages paid represented all that the worker was then entitled to, which assumption
is not established on this record.
It is also argued b y the employers that the wages now paid in the factories of Madi
son are as high as, or higher than, are paid b y the State of Wisconsin and the city
of Madison, and that therefore a wage level is established which it would be unwise
to change or disturb. T his argument has little force. Carried to its logical con
clusion, workers would always be required to accept low wages, provided the majority
in the same com m unity received low wages. I t would always mean a reduction to
the lowest level, which is neither just to the worker nor the com m unity as a whole.
In any event, there is no just comparison between workers in factories and those
em ployed b y State or m unicipal authorities. Certainly unduly low wages paid b y
the latter can not rightfully constitute the just measure for the former. T h e test
is not so m uch what the level is, as how that level measures up with the cost of living.
W orkm en are entitled^ to comfortable living wages, and no comparisons that might
be presented are sufficient to overturn or outweigh that principle.
I t has been frequently decided b y the W ar Labor Board that the m inim um hour’s
wage, based on an 8 -hour day, should not be less than 40 cents. In a number of
cases the m inim um wage has been fixed at 42J cents an hour. (See Docket No. 163,
In R e Em ployees v. W orthington Pum p & Machinery Corporation, Power & M ining
Machinery Works, Cudahy, W is.) Conditions of living at Madison are exceptionally
favorable. I t is a w ell-nigh universal rule, where the question has been raised and
decided, that 5 per cent to the rate for daywork should be added for night work.
W ith respect to women, it is settled b y numerous decisions that 35 cents an hour
is a reasonable m inim u m ; and it is agreed b y the employers in these cases that women
should receive the same wages as men for the same work, and should not be required
to perform work beyond their strength.
W ith one or two exceptions, hereinafter noted, the basic d a y ’s work in Madison
is 10 hours, w ith half a day off on Saturday in the summer tim e, and with no extra
compensation for overtime or for work during holidays. T he tim e has now come as
a settled national policy that 8 hours shall constitute the basic d a y ’s work. I t is
not necessary to repeat arguments that sustain this principle. I t is sufficient to
refer to the packing-house case decided b y Judge Alschuler, and the decision b y
Justice Clark in Award In R e Molders v. W heeling Mold & Foundry Co., W heeling,
W . V a ., and the decision of the Railroad W age Commission.
Th e question here is not whether 8 hours shall constitute the lim it of time beyond
w hich a worker shall be permitted or required to work. The question is with respect
to the establishment of an 8 -hoar basic d ay’s work w ith tim e and one-half for over
tim e and double tim e for work on Sundays and holidays. On reason and authority
both these contentions have frequently been decided in favor of the em ployee’s
contentions.
T he principles upon which the W ar Labor Board was founded recognize the right
of employees to organize and bargain collectively, and there shall be no discrimina
tion or coercion directed against proper activities of this kind. Em ployees in the
exercise of the right to organize shall not use coercive measures of any kind to com
pel persons to join their unions, or to induce employers to bargain or deal with their
unions.
AW ARDS.
So u th er n W
is c o n s in
F
oundry
Co.
T his concern is strictly a foundry. It does a general jobbing business in the foundry
line, principally for local concerns, although some business is done for outside inter
ests. A t the date of the hearing there were about 88 men em ployed. I t is stated
on argument that about 48 men are now em ployed. Ten hours is the basic d a y ’s
work, and the com pany has agreed to pay tim e and one-half for overtime. The
president of the com pany testified that he preferred to deal with his employees col
lectively as respects wage and other controversies. From a statement filed b y the
employer it appears that the average daily wage paid during the year 1918 was $3,667,
ranging from an average of $4,416 for molders to an average of $2,998 for helpers and
laborers. T he average per cent of increase in the d aily wage from 1913 to 1918 is
0.5071. It is a little difficult to determine what the actual hourly rate of pay is, but
230
CHAP. V .---- AWARDS OF NATIONAL W AR LABOR BOARD.
from the evidence it appears to range from 55 to 22 cents per hour. N o bonus or
premium systems are maintained at this plant. No women are em ployed in factory
work.
T he award w ill be as follows:
Wages.— The m inim um rate of hourly wages to be paid employees of this concern
who are over 2 1 years of age and have been em ployed b y the com pany for six months
or more, shall be 40 cents on the basis of an 8 -hour day. T his shall not be construed
so as to reduce any hourly rate received b y any em ployee on August 1, 1918, includ
ing any increases granted since that date. Provision m ay be made, however, for
pensioners, i. e ., old or disabled employees.
Hours o f work and overtime rates.— E ight hours shall constitute a d a y ’s work. T im e
in excess of 8 hours shall be paid for at the rate of once and one-half the hourly rate,
based on what the em ployee was receiving on August 1, 1918, including any increases
granted since that date. W ork performed on Sundays and those holidays fixed b y
the statutes of W isconsin shall be paid at double the daily hour rate based on what
the employee was receiving on August 1, 1918, taking into account the m inim um
herein prescribed and including any increases granted s,ince that date.
Night work.— If night work is performed it shall be at an increase in wages of 5 per
cent over the day rate.
Period of award.— T his award shall take effect as of A ugust 1, 1918, and shall con
tinue in effect for the period of the war. The employer m a y have until A pril 1,
1 9 1 9 , to make paym ents to its employees of back p ay, if any, due them under this
award.
Administration of award.— Should any difficulties arise in the application of this
award, they shall, if possible, be determined b y the parties in dispute through con
ference, and if unable to thus settle such controversies they shall be referred to the
National W ar Labor Board for adjustment.
S t e i n l e T u r r e t M a c h i n e Co.
T h is company is engaged in the manufacture of a turret machine lathe. It has
no direct Governm ent contracts. T he president of the com pany has refused and
does refuse to recognize his employees collectively, insisting that he pays his em
ployees vvith respect to their individual merit as workmen, H e further insists that
any other system would be contrary to the best interests of his plant and of his em
ployees. H is attitude caused m uch unrest among his employees, 97 per cent of whom
belong to different labor unions. On August 1, 1918, his^ employees struck and
refused to work, but through the efforts of Government officials they were induced
to return to work the n ext day.
This company had in its em ploy about 250 men at the tim e of the hearing. The
company operates on a 10 -hour basis day, with no increase for overtim e. There are
now no bonus, premium, or piecework systems in operation. A t the date of the
hearing no women were em ployed, but it was stated b y the president of the company
that he designed to em ploy women in the future.
From figures subm itted b y the company giving the names of all employees it
appears that the average hourly wage during the year 1918 was 38.4 cents. The
general range is from 30 to 50 cents, with one em ployee at 70 cents and one at 20
cents. From figures subm itted b y the employees, who classified themselves, the
following wages per hour are obtained:
69 machinists average 39.6 cents per hour.
15 specialists average 32.1 cents per hour.
1 blacksmith averages 60 cents per hour.
6 painters average 33.8 cents per hour.
4 laborers average 31.1 cents per hour.
The award will be as follows:
Wages.— The m inim um rate of hourly wages to be paid the em ployees of this com
pany who are over 21 years of age and have been em ployed b y the company more
than 6 months, shall be 40 cents on the basis of an 8 -hour day. This shall not be
construed so as to reduce any hourly rate received b y any em ployee on August 1 ,
1918, taking into account the m inim um herein prescribed and including any increases
granted since that date. Provision m ay be made, however, for pensioners, i. e., old
or disabled employees. If women are em ployed, the m inim um rate of hourly wages
to those who are over 21 years of age and have been em ployed b y the company for
more than 6 months, shall be 35 cents on the basis of an 8 -hour day. W om en em
ployees m ust be allowed equal pay with men for equal work, and must not be allotted
tasks disproportionate to their strength.
Hours of work and overtime rate.— Eight hours shall constitute a d ay’s work. Tim e
in excess of 8 hours shall be paid fo* at the rate of one and one-half the hourly rate,
EMPLOYERS OF MADISON, W IS.
231
based on what the em ployee was receiving on August 1 , 1918, taking into account
the minim a herein prescribed and including any increases granted since that date.
W ork performed on Sundays and those holidays fixed b y the statutes of Wisconsin
shall be paid at double the daily hour rate based on what the employee was receiving
on August 1 , 1918, taking into account the m inim a herein prescribed and including
any increases granted since that date.
_Night work.— Those employees em ployed on the night shift shall receive 5 per cent
higher rates than those similarly em ployed on the day shift.
Committees.— The ri^ht of workers to organize into trade-unions, and to bargain
collectively through their chosen representatives, is recognized and affirmed. The
workers shall have free choice in the selection of committees to represent them , and
the employer shall m eet with committees of his own employees for the purpose of
adjusting any grievances that m ay arise.
Discrimination.— There shall be no discrimination b y employers against employees
for membership in a labor union, or for legitimate trade-union activities.
# Period of award.— This award shall take effect as of August 1, 1918, and shall con
tinue in effect for the period of the war. The employer m ay have until April 1 ,
1919, to make paym ents to its employees of back pay, if any, due them under this
award.
Administration of award.— Should any difficulties arise in the application of this
award, they shall, if possible, be determined by the parties in dispute through con
ference, and if unable to thus settle such controversies they shall be referred to the
National W ar Labor Board for adjustment.
B u rg e ss B I t t e r y
Co .
This company is engaged in the manufacture of dry batteries as used for gas engine
ignition, telephone and signal service, and flashlight batteries, used for portable
lighting, ear phone, and other purposes. This company also operates a recovery
plant for the reclaiming of manganese, zinc, and other materials from worn-out dry
batteries. The plant for utilization of this waste material is the only one of its kincl
in this country. A bou t 15 per cent of the product of the plant is on Government
contracts. The remainder is sold in com petitive markets. In September, 1918,
there were em ployed 97 persons, 30 of the number being women. I t is stated on
argument that later in the fall a larger percentage of work was done for the Govern
ment, and more women were em ployed. This is not a machine factory in the ordi
nary meaning of the term. A few automatic machines which cut or stamp parts of
the batteries are in use. The establishment is divided into departments, where
different parts of the work are done. Some of these departments now work upon a
48-hour week basis, and some upon the basis of 55 hours.
In the tool department, as shown from statements filed by the employer, 6 men
are em ployed. The hourly rate of wages ranges from 62.5 cents to 22.5 cents. In
the flashlight department the men are paid from 50 to 32J cents an hour, and the
women from 44.4 to 25 cents. In the manufacture of cell and recovery department
43 men are em ployed, with the hourly wage-rate ranging from 47.2 to 25 cents. In the
flashlight department 16 men are em ployed, with an average hourly wage of 38 cents.
Twenty-three women are employed in this department, with an average hourly rate
of 30.9 cents. In the standard and recovery department 46 men are em ployed, with
the hourly wage ranging from 62.2 to 30 cents. Seven women are em ployed, with
an average hourly rate of about 25 cents. The general average hourly wage of the
entire plant is given as 35.3 cents.
W herever the character of the work is such that piecework can be utilized by the
employer and employees to advantage, this company pays on the piecework basis.
A part of the employees are now on such basis. Some complaint is made of “ group”
piecework, but there is no showing that it has as a whole worked unjustly.
The award will be as follows:
Wages.— The m inim um rate of hourly wages to be paid the employees of this com
pany who are over 21 years of age and have been em ployed b y the company more
than 6 months, shall be 40 cents on the basis of an 8 -hour day. This shall not be
construed so as to reduce any hourly rate received b y any employee on Augiist 1 ,
1918, taking into account the m inim a herein prescribed and including any increases
granted since that date. Provision m ay be made, however, for pensioners, i. e ., old
or disabled employees. If women are employed, the m inim um rate of hourly wages
to those who are over 21 years and have been em ployed b y the company for more
than 6 months shall be 35 cents, on the basis of an 8 -nour day. W om en employees
m ust be allowed equal pay with m en for equal work, and m ust not be allotted tasks
disproportionate to their strength. The pieceworker shall receive for each hour
232
CHAP. Y .---- AWARDS OF NATIONAL WAR LABOR BOARD.
worked the same m inim um hourly wage where lower than the m inim a above described.
It is understood that the application of this award to pieceworkers shall not, in any
case, operate to reduce current hourly earnings.
Hours o f work and overtime fate.— E ight hours shall constitute a d a y ’s work. Tim e
in excess of 8 hours shall be paid for at one and one-half the hourly rate, based on what
the employee was receiving on August 1, 1918, taking into account the m inim a herein
prescribed and including any increases granted since that date. W ork performed on
Sundays and those holidays fixed b y the statutes of Wisconsin shall be paid at double
the hourly rate based on what the employee was receiving on August 1 , 1918, taking
into account the minima herein prescribed and including any increases granted since
that date.
Night work.— Those employees in the night shift shall receive 5 per cent higher rates
than those similarly em ployed on the day shift.
Committees.— The right of workers to organize into trade unions, and to bargain col
lectively through their chosen representatives, is recognized and affirmed. The
workers shall have free choice in the selection of committees to represent them, and the
employer shall m eet with committees of his own employees for the purpose of adjust
ing any grievances that m ay arise.
Discrimination.— There shall be no discrimination b y employers against employees
for membership in a labor union, or for legitimate trade-union activities.
Period of award.— This award shall take effect as of August 1 , 1918, and shall con
tinue in effect for the period of the war. The employer m ay have until A pril 1 ,
1919, to make payments to employees of back pay, if any, due them under this award.
Administration of the a.ward.— Should any difficulties arise in the application ol this
award they shall, if possible, be determined by the parties in dispute through con
ference, and if unable to thus settle such controversies they shall be referred to the
National W ar Labor Board for adjustment.
N orthwestern O rdnance Co .
The company is a war plant. The building and equipm ent are the property of
the United States, located on land leased from the Gisholt Machine Co. The stock
holders of the latter company are the stockholders of the former. The product of
the company is 4.7-inch guns. I t is a finishing plant; the forgings used b y it are
supplied b y the United States. The company at the date of the hearing employed
about 190 men. M any of the employees were drawn from the Gisholt Machine Co.,
the rest being obtained from other callings and trained in operating automatic machines
and in other work. The plant is run upon an 8 -hour day basis, with time and onehalf for overtime. No bonus, premium, or piecework system prevails at this plant.
It is operated as an “ op e n ” shop, and on submission of the demands of the employees
to the superintendent he refused to receive or consider them. On the face of them
the demands were made on behalf of all the employees, whether they were affiliated
with a labor union or not. Figures compiled from statements b y emplayees, who
classified themselves, show the following hourly earnings:
3 toolmakers average 44.8 cents per hour.
32 machinists average 43.4 cents per hour.
12 specialists average 36.3 cents per hour.
2 helpers average 30.0 cents per hour.
2 laborers average 26.5 cents per hour.
The company filed an exhibit showing the daily wage for 10 hours’ work as of
August 1, 1918. This shows wages from $7.26 to $3.08. per day. It is not possible
to get much light from this exhibit as to the average hourly wage based on an 8 -hour
day. It does appear that the hourly wage varies from 30.8 to 72.6 cents, with but
two employees receiving the latter and one the former. It is stated that the average
earning based on* a 10 -hour day was $4.79. Some received slightly over $3 per day
and some over $6 per day. No women are employed in the factory.
The award w ill be as follows:
Wages.— The m inim um rate of hourly wages to be paid the employees of this com
pany who are over 21 years of age and have been employed b y the company more
than 6 months, shall be 40 cents on the basis of an 8 -hour day. This shall not be
construed so as to reduce any hourly rate received b y any employee on August 1,
1918, including any increases granted since that date. Provision m ay be made,
however, for pensioners, i. e., old or diasbled employees.
Hours of v)ork and overtime rate.— Eight hours shall constitute a d a y ’s work. T im e
in excess of eight hours shall be paid for on the basis of once and one-half the hourly
rate based on what the employee was receiving on August 1, 1918, taking into account
the minimum hourly rate herein prescribed and including any increases granted
EMPLOYEES OF MADISON, W IS.
233
since that date. W ork performed on Sundays and those holidays fixed b y the
statutes of Wisconsin shall be paid at double the hour rate based on what the em
ployee was receiving on August 1 , 1918, taking into account the m inim um herein
prescribed, and any increases granted since that date.
Night work.— Those employees employed on the night shift shall receive 5 per
cent higher rates than those similarly employed on the day shift.
Committees.— The right of the workers to organize into trade-unions, and to bargain
collectively through their chosen representatives, is recognized and affirmed. T he
workers shall have free choice in the selection of committees to represent them , and
the employer shall m eet with committees of his own employees for the purpose of
adjusting any grievances that m ay arise.
Discrimination.— There shall be no discrimination b y employers against employees
for membership in a labor union, or for legitimate trade-union activities.
Period o f award.— This award shall take effect as of August 1 , 1918, and shall con
tinue in effect for the period of the war. T he employer m ay have until A pril 1 ,
1919, to make paym ent to employees of back pay, if any, due them under this award.
Administration of the award.— Should any difficulties arise in the application of
this award th ey shall, if possible, be determined b y the parties through conference,
and if unable thus to settle such controversies they shall be referred to the National
W ar Labor Board.
G isholt M achine Oo .
This company operates the largest manufacturing establishment in Madison. The
factory consists of three main divisions, nam ely, foundry, main plant, and northern
plant. T h e company was organized in 1888, with no capital and few em ployees.
I t has gradually expanded to its present dimensions. I t has an up-to-date plant
with am ple sanitary appliances. I t produces w hat is known as the Gisholt turret
lathe, a machine about 10 feet in length and designed as a tool for factories. I t also
manufactures gasoline engines. A small per cent of its product is on Government
contract. T he shop is run on a 10 -hour-day basis and pays no increase for overtime.
T his com pany for a number of years has operated a system of bonuses, based upon
continuity of service. For exam ple, upon the 24th of a given month every man in
the em ploy of the com pany receives 10 per cent of the m oney earned b y him during
the previous m onth. This, it is insisted b y the employer, is an incentive to the men
to continue at work, and is conducive to a reduction in the labor turnover. Also
on the 24th of each month an employee receives an additional 10 per cent upon the
amount of money he earned for three previous months. This, it is insisted, is an
added inducem ent to continuous em ploym ent. In addition to this, if a worker is
at his place in the plant when the whistle blows, morning, noon, and evening, for
two weeks, he receives a-sum of m oney equal to two and one-half hours’ extra pay.
Again, if he is neither absent nor late for one month he is credited with one-half d a y ’s
holiday, and whenever 12 of the half-holidays have accumulated he can take a w eek ’s
vacation or can receive a w eek ’s extra pay, at his option. Workers testify that the
three forms of bonus are confusing, and that it is uncertain as to whom and to what
any particular bonus applies. I t is entirely optional with the com pany as to whether
any of the bonuses w ill be paid or not. W h en men voluntarily leave the em ploy
m ent of the com pany or are discharged before the 24th of any month, the bonuses
are not paid. The workers object to the bonus system and desire that it be discon
tinued.
Similar objection is raised to a premium system that is operated b y this company
as paym ent for quick production of certain products of the factory. I t is asserted
that premium rates are cut when earnings become large, with the result that there
is great uncertainty as to what m ay be expected on a given job to which the premium
rate is applied. I t is asserted b y workers that on some jobs to which the premium
system applies great difficulty is experienced in making the rate allowed. Some
piecework is performed in the foundry department, bu t there is little evidence with
respect to the operation of that system . Some women are employed b y this com pany.
Figures compiled from statements of employees, who classified themselves, for
the three main divisions of the plant, show the average hourly rate of wages received
for the year 1918:
MAIN PLANT.
46 machinists average 35.5 cents per hour.
39 specialists average 34.5 cents per hour.
5 painters average 30 cents per hour.
22 laborers average 34.6 cents per hour.
2 carpenters, actual wage 30.5 cents per hour.
2 buffers and platers, actual wage 30.5 cents per hour*
234
CHAP. V .— AWARDS OP NATIONAL W A R LABOR BOARD.
NORTHERN PLANT.
38 machinists average 36.4 cents per hour.
44 specialists average 28.3 cents per hour.
5 helpers average 28.3 cents per hour.
1 blacksm ith averages 30 cents per hour.
2 painters average 22.5 cents per hour.
1 buffer and plater averages 30 cents per hour.
5 laborers average 30.4 cents per hour.
9 molders average 35.3 cents per hour.
FOUNDRY COMPANY.
19 molders average 34.7 cents per hour.
9 laborers average 33.6 cents per hour.
The above rates represent the average based upon the hourly rate, bu t do not include
any bonus or premiums paid in the plants.
E xh ibits filed b y the employer show th a t the average daily income of all employees
in the main plant on August 1, 1918, was $4.12, and the average daily pay-roll rate
was $3,406. A n exam ination of the exh ib it shows that the daily wage ranges from
$ 7 .5 7 to $1.60. T h e average d aily wage received b y employees on August 1 , 1918,
at the northern plant was $3.81. T h e wages range from $7.19 to $2.20 per day. The
employees of the foundry on August 1, 1918, received on the average $4.56 per day.
T he wages paid range from $7.72 to $3.45 per day.
It is difficult to determine the hourly rate of pay of any employee because of the
bonuses, premiums, and piecework, and it can not be ascertained from the record
the am ount of overtime. If a flat 10 hours is used, it w ill be found that some of the
employees have a very low hourly average. The design of the exhibits subm itted b y
the employer was to show the am ount of increases in the daily wage that was paid in
1915 as compared with 1918. These exhibits show material increases, bu t the rates
in 1915 were on the average very low, and taken in connection with the increased cost
of living are low at this tim e, or were low on August 1, 1918.
The award will be as follows:
Wages.— T he m inim um rate of hourly wages to be paid the employees of this com
pany who are over 21 years of age and have been em ployed b y the company more
than 6 months shall be 40 cents on the basis of an 8 -hour day. T his shall not be con
strued so as to reduce any hourly rate received b y any em ployee on August 1, 1918,
taking into account the m inim a herein prescribed and including any increases granted
since th a t date. Provision m ay be made, however, for pensioners, i. e ., old or dis
abled employees. If women are em ployed, the m inim um rate of hourly wages to
those who are over 21 years of age and have been em ployed b y the com pany for more
thon 6 months shall be 35 cents, on the basis of an 8 -hour day. W om en employees
m ust be allowed equal pay with men for equal work and must not be alloted tasks
disproportionate to their strength. T he pieceworker shall receive for each hour
worked the same m inim um hourly wage where lower than the minima above described.
It is understood th at the application of this award to pieceworkers shall not, in any
case, operate to reduce hourly current earnings.
Hours of tvorh and overtime rate.— E igh t hours shall constitute a d a y ’s work. T im e
in excess of eight hours shall be paid for at once and one-half the hourly rate, based
on what the employee was receiving on August 1 ,1 9 1 8 , taking into account the minim a
herein prescribed, and including any increases granted since that date. W ork per
formed on Sundays and those holidays fixed b y the statutes of Wisconsin shall be
paid for at double the hourly rate, based on what the employee received on August 1 ,
1918, taking into account the m inim a herein prescribed, and including an}' increases
granted since that date.
Night work.— Those employees em ployed on the night shift shall receive 5 per cent
higher rates than those sim ilarly em ployed on the day shift.
Committees.— The right of workers to organize into trade-unions and to bargain
collectively through their chosen representatives is recognized and affirmed. The
workers shall have free choice in the selection of committees to represent them , and
the employer shall m eet with committees of his own employees for the purpose of
adjusting any grievances that m ay arise.
Discrimination.— There shall be no discrimination b y the employer against em ploy
ees for membership in a labor union, or for legitimate trade-union activities.
Bonus and premium systems.— T h at the bonus and permium system s now prevailing
in the plants of this com pany shall be abolished.
EMPLOYERS OF MADISON, W IS .
235
Period of award.— T his award shall take effect as of A ugust 1, 1918, and shall con
tinue in effect for the period of the war. T he employer m ay have until A pril 1 , 1939,
to make payments to employees of back pay, if any, due them under this award.
Administration of the award.— Should any difficulties arise in the application of
this award they shall, if possible, be determined b y th 6 parties in dispute through
conference, and if unable to thus settle such controversies th ey shall be referred to
the National W ar Labor Board for adjustment.
F u ll e r & Johnson M a n u fa ctu rin g Co.
This company was organized about the year 1880 and originally manufactured
agricultural im plem ents, bu t is now almost exclusively engaged in the manufacture of
internal-combustion engines, largely for agricultural use. The com pany has no
foundry, its castings being delivered to it b y other concerns. The machines used
are “ rigged” and fitted to produce the desired article without the necessity for tech
nical knowledge upon th e part of the tender. In the assembling department there
are no machines. T he assembling consists m ainly of bench work. T he engines are
painted and crated, in which department a substantial number of workmen are
em ployed. A t the tim e of the hearing from 250 to 300 men and no women were
em ployed. On argument it is stated that a few women are now at work in the factory.
I t is asserted b y the employer that the product of the factory is sold on a highly com
petitive basis, and th at th e margin of profit is small.
T he factory works on a 10-hour-a-day basis with a half day off on Saturdays during
the summer months. No piecework or bonus payments are now made, although th©
bonus system was formerly operative. A premium system is employ ed . The in d ivid
ual is em ployed at a basic rate agreed to, and to this is added the "premium which he
makes at his work. The basis is established b y determining the time in which an
ordinary workman can perform a certain piece of work and dividing equally the time
saved b y the individual upon that work during the hours of em ploym ent. The em
ployer insists that this system has worked satisfactorily, bu t the testimony indicates
that it is not satisfactory to the workers. T he demand of the latter is that it should be
abolished. The factory has not dealt with its employees collectively and the employer
prefers to deal with the men individually.
The average rate per hour paid the workers based on total earnings, as shown b y the
exhibits filed b y the employer, ranges from 57.75 cents to 20 cents, with an average of
about 37.5 cents. I t is stated on argument th at the pay roll for the month of July,
1918, shows that 77 men out of 286 received over $100 a month and a large majority of
the whole number received from $80 to $90 per month.
The award w ill be as follows:
Wages.— The m inim um rate of hourly wages to be paid the employees of this com
pany who are over 21 years of age and have been em ployed b y the company more than
6 months shall be 40 cents on the basis of an 8 ~hour day. This shall not be construed
so as to reduce any hourly rate received b y any em ployee on August* 1, 1918, taking
into account the minim a herein prescribed and including any increases granted since
that date. Provision m ay be made, however, for pensioners, i. e ., old or disabled
em ployees. If women are em ployed, the m inim um rate of hourly wages to those who
are over 21 years of age and have been em ployed b y the com pany for more than 6
months shall be 35 cents, on the basis of an 8 -hour day. W om en employees must be
allowed equal pay with m en for equal work, and m ust not be allotted tasks dispro
portionate to their strength.
Hours of work and overtime rate. — E igh t hours shall constitute a d a y ’s work. Tim e
in excess of 8 hours shall be paid for at one and one-half the hourly rate, based on
what the employee was receiving on August 1 , 1918, taking into account the minim a
herein prescribed and including any increases granted since that date. W ork per
formed on Sundays and those holidays fixed b y the statutes of W isconsin shall be
paid for at double the hourly rate, based on what the employee received on August 1 ,
1918, taking into account the m inim a herein prescribed and including any increases
granted since that date.
Night work.— Those employees em ployed on the night shift shall receive 5 per cent
higher rates than those similarly em ployed on the day shift.
Committees.— T h e right of workers to organize in trade-unions, and to bargain
collectively through their chosen representatives, is recognized and affirmed.* T he
workers shall have free choice in the selection of committees to represent them , and
the employer shall m eet with committees of his own employees for the purpose of
adjusting any grievances that m ay arise.
Discrimination.— There shall be no discrimination b y employers against employees
for membership in a labor union, or for legitimate trade-union activities.
236
CHAP. V .— AWARDS OF NATIONAL WAR LABOR BOARD.
Premium system.— The premium system now prevailing in the plant of this company
shall be abolished.
Period of award.— This award shall take effect as of A ugust 1 ,1 9 1 8 , and shall continue
in effect for the period of the war. T he employer m ay have until April 1 , 1919, to
make payments to employees of back pay, if an y, due them under this award.
Administration of the award.— Should any difficulties arise in the application of this
award, they shall, if possible, be determined b y the parties in dispute through confer
ence, and if unable to thus settle such controversies they shall be referred to the
National W ar Labor Board for adjustment.
M adison -K ipp L ubricator Co.
This company is engaged in the manufacture of lubricators for engines, automobiles,
and tractors. Between 3 and 4 per cent of its business is on Governm ent contract.
T he plant is run on a 10-hour basis and no increase for overtime. I t operates day and
night shifts.
A bout 75 per cent of the work done in the plant is on the piecework-system basis.
There is no bonus or premium system operative in this plant. A large number of
machines, geared and rigged to do certain work, are used in the factory. A t the time
of the hearing about 350 employees were on the pay roll, of which about 75 were
women. I t was stated on argument that only about 150 employees are now at work.
T h e demands submitted b y a committee of the workers were not accepted b y the
superintendent of the company, who refused to treat with a committee of union work
ers. T he larger part of the employees struck on August 1 ,1 9 1 8 , bu t through the efforts
of Government conciliators and union leaders th ey returned to work the next day.
T h e company has always maintained an open shop, hiring men without regard to
union labor affiliations, and it has refused to treat with a committee of union laborers
in its em ploy.
I t is insisted b y the company that the piecework system in effect in its factory has
operated to increase the output, as well as to materially increase the wages of workers,
and that but few complaints have come to its notice with respect to piecework or its
operation. T he system has a m inim um d a y ’s rate below which the operator does not
receive, even if the piecework does not serve to increase his earnings. There is evi
dence to the effect that in some respects the piecework system is not entirely satisfac
tory to all workers. Some complaint is made with respect to a cut in rates where a
worker turns in more than a certain am ount of work. I t is further shown that more
or less of the work of the plant is spoiled or scrapped through the high tension under
which it is necessary to work, and that in some cases the spoiled work is charged to
the employee.
T he product of this com pany is a small box-like contrivance, usually about 10 to 12
inches long, 6 to 8 inches high, and 4 to 5 inches wide, in which there is a system of
revolving gears or small pumps which force the oil through the power systems. In the
construction of the lubricator there are a great m any small, separate movements to be
made, which lend themselves readily to the application of the piecework system.
Th e complaints about which evidence was submitted do not go to the principle of
piecework, but to specific instances of hardship under the system in vogue at this
plant. W ith the free play of wholesome cooperation between the employer and his
workers all these incidental hardships or evils should be adjusted. T h ey are not
sufficient to condemn the system which has operated satisfactorily for m any years.
I t is not easy under the piecework system to work out the hourly wages received b y
each worker. The wage would doubtless vary from day to day and week to week.
Through figures submitted b y the employer it is shown that the average hourly wage
earned on August 1, 1918, was 39.75 cents, an increase of 68 per cent since January 1 ,
1915. I t is shown from another exh ibit that the average am ount received per hour
from July 16 to 30, 1918, ranges from 65 to 22.5 cents for male employees and 41.3 to
17.5 cents for female employees. I t is to be noted that this is computed on the basis
of the actual amount received b y the employees.
The award will be as follows:
Wages.— The m inim um rate of hourly wages to be paid the employees of this com
pany who are over 21 years of age and have been employed b y the company more than
6 months shall be 40 cents on the basis of an 8 -hour day. This shall not be construed
so as to reduce any hourly rate received b y an^ employee on August 1 , 1918, taking
into account the minim a herein prescribed and including any increases granted since
that date. Provision m ay be made, however, for pensioners, i. e ., old or disabled
employees. If women are em ployed, the m inim um rate of hourly wages to those who
are over 21 years of age and have been em ployed b y the company for more thru 6
months, shall be 35 cents on the basis of an 8 -hour day. W om en employees m ust be
allowed equal pay with men for equal work and must not be allotted tasks dispropor
EMPLOYERS OF MADISON, W IS,
237
tionate to their strength. The pieceworker shall receive for each hour worked the
same m inim um hourly wage where lower than the m inim um above described. I t is
understood that the application of this award to pieceworkers shall not, in any case,
operate to reduce hourly current earnings.
Hours of work and overtime rates.— E igh t hours shall constitute a d a ^ ’s work. T im e
in excess of 8 hours shall be paid at once and one-half the hourly rate* based on what
the em ployee was receiving on August 1 , 1918, taking into account the minim a herein
prescribed and including any increases granted since that date. W ork performed on
Sundays and those holidays fixed b y the statutes of Wisconsin shall be paid for at
double the hourly rate, based on what the em ployee received on August 1 , 1918,
taking into account the minim a herein prescribed, and including any increases granted
since that date.
Night work.— Those employees em ployed on the night shift shall receive 5 per cent
higher rates than those similarly em ployed on the day shift.
Committees.— T he right of workers to organize into trade-unions and to bargain col
lectiv ely through their chosen representatives is recognized and affirmed. T he work
ers shall have free choice in the selection of committees to represent them and the
em ployer shall m eet with committees of his own employees for the purpose of adjusting
an y grievances that m ay arise.
Discrimination.— There shall be no discrimination b y the employer against em
ployees for membership in a labor union or for legitimate trade-union activities,
Period of award.— This award shall take effect as of August 1 , 1918, and shall con
tinue in effect for the period of the war. The employer m ay have until April 1 , 1919,
to make payments to employees of back pay, if any, due them under this award.
Administration of award.— Should any difficulties arise in the application of this
award th ey shall, if possible, be determined b y the parties in dispute through confer
ence, and if unable to thus settle such controversies they shall be referred to the
National W ar Labor Board for adjustment.
Sc anlan -M orris Co.
This company manufactures hospital furniture— that is, operating tables, wheel
chairs, tables for operating instruments, boilers, heaters, etc. T he product is largely
made of iron piping, enameled white, or of copper. There are no large machines in
the plant. T he work for the most part is what is known as bench work. T he factory
commenced operations 15 years ago with two employees, and now em ploys about
75 men. N o women are em ployed in the factory. T he factory is run on a 1 0 -hour
basis, with once and one-third for overtime. There is no piece, bonus, or prem ium
work done in the plant. T h e company has a rule in effect which gives to each man
who “ rings i n ” prom ptly, and who is in attendance through each day in the week,
an extra hour’s pay. No com plaint of this attendance rule is shown of record.
T he average hourly rate, as shown b y an exhibit of the employer, in effect during
the year 1918, was 37.63 cents, ranging from 45 cents an hour to 30 cents. Em ployees,
who classified themselves? present the following figures as to hourly earnings during
1918:
9 machinists average 36.3 cents per hour.
5 specialists average 30.4 cents per hour.
2 buffers and platers average 35.6 cents per hour.
6 sheet-metal workers average 35 cents per hour.
T h e award will be as follows:
Wages.— T h e m inim um rate of hourly wages to be paid the employees of this com
pany who are over 21 years of age and have been em ployed b y the company more
than 6 months shall be 40 cents on the basis of an 8 -hour day. Provision m ay be made,
however, for pensioners, i. e ., old or disabled employees. T his shaU not be con
strued so as to reduce any hourly rate received b y any employee on August 1 , 1918,
including increases granted since that date.
Hours of work and overtime rate.— E ight hours shall constitute a d ay’s work. T im e
in excess of 8 hours shall be paid at once and one-half the hourly rate, based on what
the em ployee was receiving on August 1 , 1918, taking into account the m inim um
herein prescribed and including any increases granted since that date. W ork per
formed on Sundays and those holidays fixed b y the statutes of Wisconsin shall be
paid for at double the hourly rate, based on what the em ployee received on August 1 ,
1918, taking into account the m inim um herein prescribed and including any increases
granted since that date.
# Night work.— Those employees em ployed on a night shift shall receive 5 per cent
higher rates than those similarly employed on the day shift.
Committees.— T he right of workers to organize into trade-unions and to bargain
collectively through their chosen representatives is recognized and affirmed. The
238
CHAP. V .---- AWARDS OF NATIONAL WAR LABOR BOARD.
workers shall have free choice in the selection of committees to represent them , and
the employer shall m eet with committees of his own employees for the purpose of
adjusting any grievances that m ay arise.
Discrimination.— There shall be no discrimination b y the employer against em
ployees for membership in a labor union or for legitimate trade-union activities.
Pei'iod of awavd.— This award shall take effect as of A ugust 1, 1918, and shall con
tinue in effect for the period of the war. T h e employer m ay have until A pril 1 , 1919,
to make payments to employees of back pay, if any, due them under this award.
Administration of award.— Should any difficulties arise in the application of this
award they shall, if possible, be determined b y the parties in dispute through con
ference, and if unable to thus settle such controversies th ey shall be referred to the
National War Labor Board for adjustment.
C. C. M cChord , Umpire.
D E N I A L O F E M P L O Y E R S ’ M O T IO N S F O R R E H E A R I N G .
A pril 17, 1919.]
Separate motions for rehearing having heretofore been filed b y the Southern W is
consin Foundry Co., the Burgess Battery Co., the Northwestern Ordnance C o., Gisholt
Machine Co., Fuller & Johnson M anufacturing Co., M adison-Kipp Corporation (also
described as the M adison-Kipp Lubricator C o.), and Scanlan-Morris C o., on the
award made b y me on February 1 8 ,1 9 1 9 , in th e above styled cause, and briefs having
been filed in support thereof, all of which have been subm itted to me for action
thereon, and after due consideration thereof, both as to the merits and plea as to the
jurisdiction of the board and the umpire with reference to such award, each and all
of said motions are hereby denied.
Charles C. M cChord , Umpire.
Award in re International Brotherhood of Electrical Workers v. Coal Dock
Operators of Duluth, Minn., and Superior, Wis.
201.
O c t o b e r 2 4 , 1 91 4 .
This case is a joint submission for adjudication as to the hours of labor, wages, and
overtime.
Committees.— The principles upon w hich this board is founded guarantee the right
to em ployees to organize and bargain collectively, and there shall be no discrimina
tion or coercion directed against proper activities of this kind. E m ployees in the
exercise of their right to organize also shall n ot use coercive measures o f an y kind to
compel persons to join their unions, nor to induce employers to bargain or deal with
their unions.
A s the right of workers to bargain collectively through com m ittees is recognized
b y th e board, the companies shall recognize and deal with such com m ittees after th ey
have been constituted b y the em ployees.
•
Wages.— T he hourly rate wages shall remain as at present.
Hours of labor and overtime.— The hours of labor shall remain as at present. O ver
tim e in excess of 8 hours shall be paid at the rate of tim e and one-half, w ith double
tim e for Sundays and holidays.
Recommendation to Fuel Administration.— Inasmuch as the price of the product of
these companies is controlled b y the Fuel Adm inistration, and is based upon ascertained
costs of operation, including wages, we recommend that the Fuel Adm inistration give
due consideration to the increased cost entailed b y reason of this award.
Duration o f award.— This award shall be in effect as of October 1 , 1918, and con
tinue for the period of the war, provided that on April 1, 1919, and at periods of six
m onths 7 interval thereafter, either party m ay reopen the case before the National
W ar Labor Board for such readjustment as changed conditions render necessary.
•
C. E , M ichael ,
A dam W ilejnson ,
Section.
S U P P L E M E N T T O T H E P A R T I A L A W A R D O F O C T O B E R 14, 1918.
Novem ber 1 9 ,1 9 1 8 .]
Wages.— T he daily wage rate paid for a 1 0 -hour workday on October 1 ,1 9 1 8 , shall be
the d aily wage rate paid for an 8 -hour workday.
Consideration o f increased eost o f operation.— Inasmuch as the selling price of the
product of the coal dock operators is controlled b y the F uel Adm inistration, and is
PACIFIC ELECTRIC RAILWAY CO., LOS ANGELES, CALIF.
239
based upon ascertained cost of operation, including wages, this award is made con
tingent on the action of the Fuel Adm inistration making such readjustment in the
selling price as m ay be warranted b y reason of the increased cost of operation entailed
b y this award.
A dam W ilkinson ,
C. E . M ichael ,
Section.
A P P L IC A T IO N T O R E O P E N A W A R D .
June 25, 1919.]
A pplication having been made b y the employers for a reopening of the award in
this case:
This case received the careful consideration of the board and a substantial increase
in wages was granted in the award, and since there has been no material change in
general conditions since the award was made, the application for reconsideration is
therefore denied.
A dam W ilkinson ,
C. E . Michael ,
Section.
Findings and Recommendations in re Employees Members of Brotherhood
of Locomotive Engineers and Brotherhood of Railroad Trainmen v. Pacific
Electric Railway Co., Los Angeles, Calif.
214.
A p r i l 1 0 , 1 91 9 .
Th e respondent com pany declined to join with its employees in subm itting to the
National W ar Labor Board for adjustment the matters in this controversy, and denied
the jurisdiction of this board to pass upon these matters. T h e only objection raised
to our jurisdiction possessing sufficient merit to require consideration is the point made
b y the com pany tnat under the resolution of this board passed December 5, shutting
off all new cases not join tly subm itted, this case would have to be dismissed, since a
formal complaint signed b y a committee of employees was filed and served on the
Pacific Electric R ailw ay Co. subsequent to Decem ber 5.
The evidence shows that there was a controversy existing between the com pany
and its union employees as early as last June. This controversy had reached such
serious proportions that a strike was declared, and some of the em ployees wejit out^on
strike for a few hours on July 2. A conciliator of the Department of Labor exercised
his good offices in adjusting some of the differences then existing relating to rein
statement of discharged employees, but neither he nor a local board of arbitration
appointed b y the governor of California were able to adjust the other issues in con
troversy. The Secretary of Labor then, on July 26, 1918, referred this controversy,
with the report of his conciliator containing a statement of the issues involved , to the
W ar Labor Board for adjustment. T his board accepted the case and gave it its docket
number. T he jurisdiction of this board, thus invoked b y the Secretary of Labor,
was complete, and under the rules of procedure adopted at the tim e this board was
created this case was properly on the docket of this board and the issues in controversy
were properly before this board for adjustment.
I t can not be said b y this com pany that it was ignorant of the nature of this con
troversy or of the reference b y the Department of Labor to this board. On July 6 ,
1918, the president of the com pany was informed b y the conciliator of the Department
of Labor, b y letter, that this controversy was being referred to the W ar Labor Board
for adjustment, and the com pany was invited to join in a submission to the board.
This, letter summarized the issues in controversy and pointed out the importance of
the com pany’s acquiescence in this submission to the W ar Labor Board in order to
avoid further friction and in order to create industrial peace. On July 16 the joint
chairmen of this board received from the president of the Pacific Electric R ailw ay
Co. a letter setting out the history of this controversy between the com pany and its
union em ployees and presenting the com pany’s side of this controversy, stating that
the data was being sent in order that this board might have an “ accurate statement
in its records in case at any tim e hereafter inaccurate representation should be m ade. ”
On July 15 the president of this com pany sent a telegram to the joint chairmen of this
board suggesting that General Order No. 27 of the Railroad Administration might be
applied b y this board as a proper means of adjusting the wages of street railway em
ployees.
T he employees advised the commissioner of conciliation of their willingness to
submit to this board, and furthermore, through officials of their union on July 24,
240
CHAP. V .---- AWARDS OF NATIONAL WAR LABOR BOARD.
made a direct petition to this board requesting that this'entire matter be adjusted b y
this board, urging that prompt action be taken because of the “ unfair wages paid and
unfair conditions of labor applying on the Pacific Electric R ailroad.”
The matters in controversy as shown b y the order of reference from the Secretary of
Labor to this board were wages, discrimination because of union affiliation, reinstate
ment of discharged employees, revision of rules of discipline, collective bargaining,
hours, conditions of work, and seniority. It is quite clear that the com pany knew
what the issues were. The president of the com pany had conferred regarding them
with the conciliator and with the arbitrators appointed b y the governor of California,
and a written statement of these issues had been furnished him . T he exhaustive
evidence put in b y the com pany at the hearing before the examiners shows that it
knew full well what the issues were and how th ey should be m et. T his hearing lasted
from January 3 to February 10 and the testim ony introduced covered nearly 4,000
pages. Had a hearing been held last August there could have been no question of the
jurisdiction of this board. The delay in holding the hearing was not the fault of these
men, but was due to the pressure of work before this board and the large number of
similar cases which it had for disposition. These men should not be penalized for a
delay in no wise occasioned b y them . T he controversy was subm itted to this board
for adjustment at a tim e when the war was in a critical stage. These men remained
faithfully in the em ploy of the com pany and relied upon their case being passed on
b y this board.
The December complaint filed b y the men was largely for the purpose of getting
the issues set out on one of the forms prescribed b y the board. W e are passing, how
ever, upon the issues submitted last July.
T he filing of the December complaint is no reason for ousting the jurisdiction which
had already attached. The pleas to the jurisdiction are therefore overruled and we
proceed to our findings and recommendations on the evidence introduced at the
hearing relating to the merits of the controversy.
W e have considered this evidence carefully and we make the following findings and
recommendations:
Wages.— W e recommend the following wage scale for motormen, conductors, sw itch
men, brakemen, and trolleymen, to replace the scale now being paid b y the com pany:
City street-car passenger service.
Motormen and conductors—
First three months of service, 41 cents per hour.
N ext nine months of service, 43 cents per hour.
Thereafter, 45 cents per hour.
Interurban passenger service.
Motormen and conductors—
First three months of service, 43J cents per hour.
N ext nine months of service, 45J cents per hour.
Thereafter, 47J cents per hour.
Freight and work train service.
Motormen and conductors, flat rate, 53 cents per hour.
Brakem en and sw itchm en, flat rate, 47 cents per hour.
Trolleym en, flat rate, 43 cents per hour.
WTe suggest no change in the m onthly m inim um for motormen and conductors of
$90 per month now m ade b y the com pany.
Hours.— T h e request of the m en for an 8 -hour day is not granted.
Collective bargaining.— W e find upon consideration that the com p any’s contention
that the m en have always been able to discuss grievances as individuals and that no
system of collective bargaining is necessary for their welfare is wrong in fact and in
principle, nor do the division m eetings held b y the men, which were advocated b y the
com pany as an adequate plan of collective bargaining, constitute an ideal or even a
proper means of free and unhampered discussion b y the m en of their grievances and
their presentation of same to the com pany for adjustm ent. W e recommend that the
com pany carry out the principle of this board which gives to the em ployees the right
to m eet and treat through their own com m ittees w ith the officials of the com pany in
regard to wages, working conditions, and other matters affecting the interest of the
workers. T he com pany should m eet and treat with such committees of em ployees
regardless of the fact that th ey are elected at a m eeting of the em ployees who are
members of the union. This does not require the com pany, however, to deal w ith the
THOMAS HARMON & CO. AND OTHER CONTRACTORS.
241
union as such or to recognize the union. ‘ In m eeting committees of em ployees so
elected the com pany does not necessarily recognize the union or deal with it as such.
W h at th ey are dealing w ith is committees of em ployees and not with the union.
W e have said in another case th at th e question is not whether such a committee repre
sents the un ion; the question is whether th ey, being em ployees, represent other em
ployees, and if that is the fact their mere refusal to say that th ey do not represent the
union or their admission that th ey do does not im p ly a contract dealing w ith the union.
Discrimination.— T he com pany was not shown to have been guilty of discrimination
resulting in discharge of em ployees for union affiliations since the issuance b y the
com pany of its circular of July 25 last, wherein th e com pany offered discharged em
ployees th e m achinery for appeal to an arbitrator and reinstatement if the arbitrator’s
ruling was adverse to the com pany. T h e com pany should continue its announced
p olicy, which is in accordance with the principles of this board that the right of its
em ployees to organize in trade-unions shall not be denied or interfered w ith. T he
com pany should not abridge in any way the present right of appeal now granted dis
charged employees.
Reinstatement of discharged employees.— Four discharged em ployees presented them
selves at the hearing and asked for reinstatement with back pay. W e w ill take up
these cases separately and in order.
B . Johnson: I t was shown that he left the em ploy of the com pany last A pril because
he was “ disgusted with the j o b .”
On July 5 he applied for work again w ith this com
pany, and under the com pany’s rule he was p u t to work pending approval of appli
cation for reem ploym ent. T his application was not approved, and on July 23 the
com pany let him go. U nder the com pany’s rules he was not strictly in their em ploy
b u t on ly on probation, and the com pany evid en tly exercised its rights in refusing him
em ploym ent.
J. L . A b e l: H e was em ployed from October, 1917, u ntil July 1 5 ,1 9 1 8 , when he was
discharged for carelessness in registering fares. On one occasion he was admonished
for a shortage of $6.90. H is honesty was not questioned, b u t his shortages were charged
only to carelessness. A t one tim e he sent m his resignation, b u t later withdrew it.
U nd ou btedly his case was carefully considered b y the com pany and his discharge
was justified b y his inefficiency. U nion affiliations evid en tly did not cause his
discharge, and we therefore m ake no recommendations for reinstatement.
C. H . Sherwood and W illiam J. Clark: T h e reinstatement of these m en was not in
volved in the original controversy referred to this board b y the Departm ent of Labor
in July, and we therefore w ill not pass upon their requests.
Interpretation of findings and recommendations.— For the purpose of securing a proper
interpretation of these findings and recommendations the secretary of the National
W ar Labor Board shall appoint an exam iner, who shall hear any differences arising
and prom ptly render his decision, from which an appeal m ay be taken to the board.
Pending a final adjudication upon the appeal the decision of the exam iner shall be
binding, excep t as provided in the rules of the board.
Duration.— These recommendations should becom e effective at once and continue
until the end of the war as announced b y E xe cu tive proclamation, except that the case
m ay be reopened upon request from either party at periods of six m onths’ interval,
beginning October 1 , for such adjustm ents as changed conditions m ay render necessary.
W m . H . T aft ,
B asil M. M a n l y ,
Joint Chairmen and Section,
Recommendation in re United Brotherhood of Carpenters and Joiners of
Am erica, Local Union No. 14, and Other Building Trades Crafts of San
Antonio, T ex., v. Thomas Harmon & Co. and Other Contractors doing
Government Work and the Government Officials Under Whose Depart
m ent this Work was Performed.
216.
J a n u a r y 30, 1919.
M emorandum
to the
B oard .
This is not a join t submission.
I t is a complaint b y the building trades men of San Antonio, T e x ., against the action
of the Governm ent and contractors doing Governm ent work in connection w ith the
established union conditions. T he workmen stayed on the work under protest and
appealed to the National W ar Labor Board.
A n examiner, Mr. Jaimes A . B lainey, was sent to make an investigation, and he
made his report under date of Decem ber 1 4 ,1 9 18 , w ith exhibits in support thereof.
42663°—21----- 16
242
C H A P . V .— A W A R D S OP N A T IO N A L W A R LABOR BOARD.
Questions involved.— There are two questions in volved in this case.
1 . T h e question of wages and the am ount of pay for overtime on Saturday afternoons.
2. If at the tim e the Governm ent started its work, did the building trades of San
Antonio, T e x ., have w hat is generally known as a union-shop town in the building
trades industry.
Employers.— T o question N o . 1 the employers and workers are in agreement that the
wage was the union wage and was recognized and paid, and that double tim e was paid
for work performed on Saturday afternoon.
T o question N o . 2 the employers do not agree. T h e y claim where their employees
were all members of the union that th e M cK enzie Co. was not on the union list al
though he em ployed union m en and paid the scale and that speculative builders hiring
a few m en did not em ploy union men.
Report o f the examiner and the exhibits on file.— T h e report of the examiner and the
letters and exhibits, both from the employers and the workers, leave no doubt but
that the building trades of San Antonio, T e x ., had established in June, 1917, a unionshop town with as large a percentage of the building trades m en in the union as there
is in what is known as a union city any place in the U nited States.
Wages and pay for overtime and for time worked Saturday afternoon, Sundays, and
holidays.— T he Governm ent allowed their contractors to p ay the carpenters 75 cents
an hour with tim e and one-half for overtime and double^ tim e for work performed on
Saturday afternoons, Sundays, and holidays. This continued from June 4 to August
1 5,1 9 18 .
T h e Government officials, on August 15, ordered that only tim e and one-half be paid
to carpenters for work performed on Saturday afternoon from August 15 on.
Demand o f the carpenters.— T h e carpenters demand retroactive pay of the difference
between tim e and one-half which th ey did receive and the double tim e which they
should have received.
Plumbers.— Plum bers dem and that the difference in the wages th ey did receive
from Novem ber 12, 1918, and their established scale of 9 3 f cents per hour, be paid
them as retroactive.
Em ployers adm it that 9 3 f cents per hour is the established scale of the plumbers
since Novem ber 12.
Painters.— Painters established their scale of 75 cents per hour on private work,
and this is dem anded retroactive on the Governm ent work to September 1 , 1918.
Em ployers adm it this is established.
Bricklayers.— T h e bricklayers established their scale of $1 per hour on October 1 ,
1918. T his is admitted b y the employers. T h e bricklayers dem and this be retro
active on the Governm ent work.
Metal lathers.— T he m etal lathers established their scale of 87J cents per hour on
private work September 24, 1918. This is admitted b y the employers. T his should
be retroactive to September 24 on Governm ent work.
Common laborers.— T h e laborers are paid 30 cents per hour at Fort Sam Houston.
T h e y dem and that 30 cents per hour be paid on all Governm ent work from this date on.
T h e y also pray, in fact th ey dem and, that enlisted m en (soldiers) be prohibited
from working as common laborers and working as concrete mixers, as there is plenty of
id le common labor.
Government employment service.— A ll organized workers demand that the custom of
the U nited States E m p loym en t Service of San Antonio, who have been supplying
labor at a lower rate than the established rate, be stopped at once.
F
in d in g .
1 . W e find that the building trades of San Antonio, T e x ., did have established what '
is generally termed the union-shop conditions at San Antonio, T e x ., to as high if not
to a higher percentage of organized workers in the building trades than in m any cities
where the G overnm ent departments recognized union conditions.
2 . W e recommend that the Governm ent officially reestablish the double tim e for
Saturday afternoon work for the carpenters and that they be paid the difference be
tween double tim e and the tim e and one-half for all work performed, the same to be
retroactive as of August 15, 1918.
3. W e recommend that the plum bers’ established scale of 93J cents per hour be
paid on G overnm ent work, and that th ey be paid the difference between this scale
and what th ey did receive, th e same to b e retroactive as of Novem ber 12, 1918.
4. W e recommend that th e painters’ established scale of 75 cents per hour be paid
on Governm ent work, aiid that th ey be paid the difference between this scale and
what th ey did receive, the same to be retroactive as of September 1 ,1 9 1 8 .
243
G E N E R A L ELECTR IC C O ., L Y N N , M A S S .
5 k W e recommend that the bricklayers’ established scale of $1 per hour be paid for
Government work, and that they be paid the difference between this scale and what
th ey did receive, th e same to be retroactive as of October 1 , 1918.
6 . W e recommend that the m etal lathers’ established scale of 87J cents per hour b e
paid on Governm ent work, and th at they be paid the difference between this scale
and what they did receive, the same to be retroactive as of Septem ber 2 4 ,1 9 1 8 .
7. W e concur in the request of the common laborers and recommend that th ey be
paid 30 cents per hour as per their request, the same to be retroactive from the date of
this award.
8 . T h e m en of the building trades of San Antonio, T e x ., should be commended for
continuing work on this G overnm ent work. W e hope the Governm ent officials w ill
m ake speedy settlem ent of the retroactive wages in this finding.
P. F. S u lliv a n ,
T . M. G u e r in ,
Section.
Award in re Local 4&6 of District Council 2 1 , Brotherhood of Painters,
Decorators, and Paperhangers of America v. Manufacturers of Interior
Woodwork of Philadelphia, namely, George W . Smith Co. (Inc.) and Kra
m er Woodworking Co.
230.
N o v e m b e r 1 9, 191 8 .
Wages for painters and wood-finishers shall be 60 cents per hour.
T he demand of the painters for a 44-hour week shall b e denied. T h e working
hours in the shops shall be th e same for th e painters as for the other employees working
in the shops, b u t the hours for painters when working on outside work shall b e 44
hours per week in consonance with th e agreements in force between the Master Paint
ers and th e Brotherhood of Painters.
This award is to take effect as of October 1 , 1918, and shall continue for the duration
of th e war excep t that either party m ay reopen the case at periods of six m onths’
interval, beginning M ay 1 , 1919, for such adjustments as changed conditions may
render necessary.
The company shall be allowed until Decem ber 15, 1918, to make the paym ents
to its employees of the back pay, if any, due them under this award.
C. A. C ro c k e r,
T . M. G u e r i n ,
Section.
Award in re Employees v. General Electric Co., Lynn, Mass.
231.
O e t o t o e r 2 4 , 191 8 .
In the case of Em ployees v. the General Electric Co., L ynn, Mass., the National W ar
Labor Board orders:
Collective bargaining.— (a) That there be elected forthwith shop com m ittees, in
conformity with a plan approved b y the board.
( b) T hat the secretary of the National W ar Labor Board shall appoint an exam iner,
who shall supervise and conduct these elections.
(c) That a general committee shall be created, consisting of tnree members to repre
sent the workers and three members to represent the employers. The members of
the general committee representing the workers shall be selected b y the members of
the shop committees acting jointly, under supervision of the examiner.
(d) T hat the employer shall forthwith select their representatives to meet with the
representatives of the workers on the shop committees and the general committee.
Wages.— (a) W ith in five days after their selection, the representatives of the work
ers and employers on each shop committee shall m eet for the purpose of adjusting
all disputes and matters of controversy in this case which affect the wages of the shop
represented b y said committee.
T h e board suggests that in the adjustm ent of these wages they should be made
comparable with those awarded b y the board in the Schenectady case.
Failure to reach a decision on any matters coming before the shop com m ittee
w ithin 45 days from the tim e the matter was first taken up, it shall be referred to the
general committee for adjudication. In the event of failure of this committee to reach
a decision, the matter shall b£ referred to the examiner of the National W ar Labor
Board, who shall promptly report the matter to the National W ar Labor Board for
decision.
244
C H A P . V .-----A W A R D S OF N A T IO N A L W A R LABOR BOARD.
( 6 ) W ithin five days after its selection, the said general committee shall m eet for
th e purpose of adjusting—
1 . A ll matters referred from the shop or departmental com m ittees; and
2 . A ll matters in controversy in this case which affect wage conditions of the
plant as a whole, bu t which have not been settled through the m edium of the shop
committees.
(c) In any case where there is doubt or dispute betw een shop committees and the
general committee as to original jurisdiction of matters to be adjusted, the question
of jurisdiction shall be decided promptly b y the examiner of the National W ar Labor
Board.
Retroactive pay.— W age increases made in accordance w ith the provisions of this
award shall be retroactive to July 17,# 1918, and the company shall be given until
December 1,1918, to make such retroactive paym ent.
Hours of labor.— The board decrees that the hours of labor shall be the same as at
Schenectady.
Reinstatement of discharged men and alleged discrimination.— T he right of the workers
to organize in trade unions and bargain collectively through a chosen representative
is recognized and affirmed. T his right shall not be denied, abridged, or interfered
w ith b y the employer in any manner whatsoever.
(a) T h at Leslie Taylor, Joseph Glassett, John J. K erivan, James Hanson, John J.
Connolly, E dw in M urch, Herbert Pogson, Rufus H artley, W alter P utnam , Raym ond
Shattuck, and Arthur E . Clark shall be reinstated in their em ploym ent at the same
jobs, or work of similar nature to that w hich each was doing when dismissed, at rates
of pay not less than each was then receiving nor less than the rate established for the
work upon which each is reemployed, plus any increases w hich such work m ay receive
under the terms of this award, without loss of seniority rating or bonuses, and w ith pay
for all tim e lost b y reason of dismissal, minus amount, if any, of intervening earnings.
Such reemployment b y the company shall be dependent upon each em ployee pre
senting himself to the com pany w ithin five days after the receipt of this award b y the
parties to the case.
(b) That the reinstatement of John F . Peterson and W illia m H . W hite is not ordered
for the reason that they not only ordered employees to cease work b,ut directed them
not to leave the shop bu t to sit in their seats and do nothing, while at the same tim e
the foreman was directing them to continue work or leave the shop. These men
apparently had good records up to the tim e of this occurrence, and this action b y the
board should not, therefore, prejudice their future opportunities for em ploym ent.
(c) W ith reference to Leslie Taylor, James Hanson, and Edw ard M urch, whose
reinstatement we adjudge, the board has been in some doubt; but. to reach a unani
mous conclusion, their names have been included in the list to be reinstated, with a
warning to these men that the evidence of their insubordination has been such that
they should be duly cautioned and not assume b y their reinstatement that they occupy
a favored position b y reason of the order.
Administration of award.— T he secretary of the National W ar Labor Board shall
assign an examiner to supervise the execution of this award. Should a controversy
arise in respect to the interpretation of the award, an appeal m ay be made to the
board, and shall operate as a stay, or otherwise, according to the rule of the board.
Period of award.— This award shall be in effect for the period of the war; provided,
that on February 1, 1919, and at periods of six m onths’ interval thereafter, either
party m ay reopen the case before the National W ar Labor Board for such readjustment
as changed conditions m ay render necessary.
W m . H . T a ft .
F r a n k P . W al sh .
L . A . Osborne.
W m . H . Johnston .
Finding in re Employees v. American Sheet & Tin Plate Co., Elwood, Ind.
232.
J a n u a r y 1 5 ,1 9 1 9 .
Committees.— T h e principles u^on w hich this board is founded guarantee the right to
employees to organize and bargain collectively, and there shall be no discrimination
or coercion directed against proper activities of this kind. E m ployees in the exercise
of their right to organize also should not use coercive measures of any kind to compel
persons to join their unions, nor to induce employers to bargain or deal w ith their
unions.
A s the right of workers to bargain collectively through committees is recognized b y
the board, the company shall recognize and deal w ith such committees after they
have been constituted b y employees of the company.
L A U N D R Y O W N E R S , L IT T L E R O C K , A R K .
245
Wages.— The claims made b y the employees w ould indicate that in some classes o^
service the increased wages have not kept pace w ith the increased cost of living.
T he company does not subm it data to show rate increase or earnings of employees.
T he board therefore recommends that the com pany give consideration to such
claims, and that upon the election of shop committees provided for in section 1 of this
finding, the company shall proceed to negotiate w ith said committees and to endeavor
to reach an agreement therewith, covering all of its em ployees, relative to rates of
wages, hours of labor, working and sanitary conditions, and all other matters affecting
the interests of said employees.
This finding shall continue in effect for the duration of the war.
A dam W il k in s o n ,
C. A. Cr o cker ,
Section.
Joint Report of Section in re Employees v. Laundry Owners, Little Rock,
Ark,
233.
N o v e m b e r 9 , 1918.
T he laundries involved as respondents in this case had contracts with Local N o. 36,
L aundry Workers’ International U nion, for 3 years, in periods of one year each, begin
ning M ay 1 ,1 9 1 5 , and ending M ay 1 ,1 9 1 8 , in the form shown b y E xh ibit 6 to th e testi
m ony of F . A . Randall.
On A pril 17, Mr. R andall, th e business agent of the union, presented to th e laundry
owners a contract for another year from M ay 1 , 1918; the owners declined to sign the
agreement and stated th at they did not want to have anything to do with the union;
and on M ay 29 a strike occurred.
T h e laundries were doing much work for th e officers and men at Camp P ike, and
when th e strike occurred Col. Rucker of that camp appeared at a meeting of the repre
sentatives of the two sides, together with the State labor commissioner, which
resulted in th e execution of an agreement b y the laundry owners on M ay 30 to the effect
that at the end of 3 weeks a contract would be executed, ‘ ‘ the terms thereof to be agreed
upon b y a committee consisting of 6 laundry representatives and 6 employees or their
representatives,” and in case th at committee failed to agree the points of disagreement
were to be subm itted to the National W ar Labor Board.
Local parties tried to mediate, but without success. T he committee referred to in
the agreement did m eet once or twice but could not come to a settlement, and there
upon the matter was referred to the National W ar Labor Board.
More than 200 pages of testim ony were taken b y the examiner, both sides being
afforded opportunity to present their case and their witnesses.
Formal submission was signed by the laundry owners and the business agent of the
union on September 2, and briefs were filed b y both sides.
. A s to th e union contract, the testim ony disclosed the view of the laundry owners
that the union contract was practically void even during its nominal term, because the
union did not supply the laundries with necessary help and because the union knew
that all th e laundries in L ittle R ock were using nonunion labor in order to get sufficient
help to conduct their business. T he union agent, however, correctly pointed out that
that was the employers’ privilege under the contract, but with the proviso that these
workers should join the union in 30 days or be discharged; the employers intim ated,
b y questions pu t to th e business agent of th e union, that the majority of the employees
had never joined th e union and did not desire to do so because they did not expect their
positions to be permanent, and did not care to give up that amount of m oney and th at
percentage of their wages each months as dues.
Notwithstanding these views on the part of the owners, it is clear that th e y were
under contract with the union until M ay 1 , 1918, even though its terms were not
strictly observed b y the laundries or enforced b y the union because of exigencies of the
labor situation. I t is a closed-shop contract, and under the principles governing this
board, “ in establishments where the union shop exists the same shall continue, and the
union standards as to wages, hours of labor, and other conditions of em ploym ent shall
be m aintained.”
As to minimum wage.— T he chief stress with respect to wages in this case was laid
upon the wages paid to women.
It appears that the State of Arkansas has a minim um-wage law for women fixing $6
per week for the first 6 months and $7.50 per week thereafter, but this law was passed
a.number of years ago under normal conditions and therefore can not be taken as a fair
standard under the war conditions now existing. The same law fixes 9 hours as the
.maximum per day and 6 days per week.
246
C H A P . y . — A W A R D S OF N A T IO N A L w a r
labor
board
.
T h e commissioner of labor stated th at in his judgm ent the cost of living in L ittle
R ock had increased about 40 per cent since th e beginning of the war. E xam iner H erkner in her digest summarized th e budget of one woman worker (from th at w om an’s tes
tim ony) at $8.60 per week, and in view of the abnormally low rent included in that
instance it m ay safely be considered the absolute m inim um in evidence in this case.
A nother case is mentioned at $9 per week. I t is clear that these budgets include only
th e absolute necessities of life.
T h e work in laundries is of a peculiarly unpleasant kind and inevitably entails e x
posure to considerable heat and discomfort; it should be reasonably well paid for, even
though it is true that, because of its character, the workers are of th e uneducated or
poorly educated class who could not easily procure other and more attractive jobs.
A bou t 65 per cent of the women workers are colored, and it is in evidence that the
colored women are paid from 50 cents to $2 per week less than the white women, al
though the colored women do the heaviest and most laborious work, requiring the same
or greater skill than th e work done b y the white women. One of the laundry owners
adm itted frankly that h e did not think th ey should discriminate. T he pay of the
drivers is based upon a proportion or percentage of the value (which is assumed to mean
th e selling price) of th e laundry work brought in . Their compensation, therefore, has
already been automatically increased b y th e advance in laundry prices, and will be
still further increased if laundry prices are again raised.
Sanitary conditions.— A s to this part o fth e complaint, the testimony is not very con
clusive b u t was, on th e whole, very vague and general. I t does not seem to the section
th at that is a feature that can be dealt with b y the board in any specific way, but should
be left to the police power (the health authorities) of the city and State. I t is stated in
th e laundry owners^brief th at “ all laundries in L ittle Rock are regularly inspected b y
th e U nited States Public H ealth Service, as well as b y the local city and State health
officers, and all have been acceptable from a sanitary standpoint and. pronounced satis
factory
the State labor commissioner said in his testim ony, “ on the whole, I would
say that the sanitary conditions are not very good,” but one place was characterized
b y M m as a model. A woman witness for the employees testified as to another of the
laundries, th at according to her judgm ent “ the sanitary condition was very n ice .”
T h e examiner to be appointed m this case (preferably a woman) should be instructed
b y the secretary to be very reasonable in her demands, considering the special circum
stances surrounding these particular industries, and if then her suggestions are not com
plied with as to sanitary conditions, call to the attention of the health authorities to the
sam e.
T h e laundries testified, and their brief contends, that if a m inim um greater than $10
per week is awarded b y the board it w ill be necessary for them to increase their laundry
prices, which have already been increased tw ice to the extent of a total of 25 per cent
to 30 per cent, and th ey expressed fear th at th ey w ill lose patronage, because tnere was
great dissatisfaction with the previous advance and some threats were made b y some
of their patrons th a t if any further advances were made in the laundry prices they
would ship their laundry out of town. I t is fair to assume, however, th a t if it should
really be necessary for th e laundries to further increase their prices in order that they
m ay pay the wages ordered b y this board and still h ave a fair return on their invest
m ent, the good people of L ittle R ock will patriotically recognize the propriety of such
increase and continue to patronize their hom e industries.
Y ou r section recommends the following for adoption as the award of the board in this
case:
A w ard.
Union contract.— T he principle th at “ in establishments where the union shop exists
th e same shall continue and the union standards as to wages, hours of labor, and other
conditions of em ploym ent shall be maintained ” was included in the proclamation of
th e President of th e U nited States establishing this board. Therefore it is ordered
that the form of agreement existing between the union and the laundry owners during
th e period of M ay 1 ,1 9 1 7 , to M ay 1, 1918 (E x h ib it 6 ), shall be the form of agreement to
be entered into by th e parties to this controversy except as they m ay m utually agree
to m odify the same.
Minimum wage.— T h e m inim um rates of pay to be set forth in said new contract shall
be those shown in said E x h ib it 6 , plus $3.50 per week for all workers 12 except—
i2 V/age scale under former agreement and as revised by this award*
JACOB E . D ECK ER & S O N S , M A S O N
Occupation.
Mangle hands and shakers....................
Body ironers......................................
Cuff press. . __. - .................... -........
■Rnsom prp,ss, .. , , . . . ...... . .................
Shirt machine....................................
Shirt finisher......................................
Neckband...........................................
Sleeve machine..................................
Seamstress..........................................
Hand ironers......................................
Collar ironers......................................
Head markers....................................
Assistant marker................................
Head assorter.....................................
Assistant assorter...............................
Steam engineer..................................
Electric engineer................................
Starcher........ ....................................
Linen checker and marker................
Assistant......................................
Shirt washer.......................................
Linen washer.....................................
Wringer men......................................
Porters...............................................
C IT Y , IO W A .
247
Minimum
Minimum Minimum
rate to be apprentice
scale in
paid
under
rate to be
agreement.
award.
paid.
P e r week.
$7.50
7.50
7. 50
7.50
7.50
7. 50
7.50
7.50
7.50
7. 50
7. 50
18.00
7. 50
18.00
7. 50
18.00
21.00
7. 50
12.00
7.50
15. 00
12.00
10.00
9.00
P e r week.
P er week.
$11.00
11. 00
11.00
11. 00
11.00
11.00
11.00
11.00
11.00
11.00
11. 00
21. 50
11.00
21. 50
11.00
21. 50
24. 50
11.00
15. 50
11. 00
18. 50
15. 50
13.50
12.50
$9.00
9.00
9.00
9.00
9.00
9. 00
9.00
9.00
9.00
9.00
9.00
19. 50
9. 00
19. 50
9.00
9.00
13. 50
9. 00
16. 50
13. 50
11. 50
10.50
(а) Drivers, whose pay is a proportion or percentage of the value of the work brought
in b y them ; for these drivers the wages shall be determined as stated in said E x
h ibit 6 .
( б ) Apprenticeship rates shall be $2 per week less than the m inim um scale of wages
provided b y this award for experienced workers in each class; and the term of appren
ticeship shall be 30 days.
Period of award.-—Said new contract shall be in effect from September 1, 1918, and
shall continue during the war; provided, however, that on the 1st day of March, 1919,
and at th e end of each 6 m onths’ period thereafter, should conditions materially
change m aking a readjustment b y this board equitable, application m ay be made
to the board by either party.
Back pay accrued under this award from September 1 ,19 1 8, shall be paid on or before
Decem ber 31, 1918.
Discrimination.— W om en workers shall receive equal pay with men for equal work.
Colored women shall receive equal pay with white women for equal work.
Sanitary conditions.— Safe and proper sanitary conditions should be established and
m aintained, and reasonable conveniences for the workers should be provided where
they do not now exist.
Interpretation of award.— For the purpose of securing the proper interpretation of this
award the secretary of the National W ar Labor Board shall appoint an examiner, who
shall hear any differences arising betweem the parties in respect to the award and
promptly render a decision, from which an appeal m ay be taken by either party to the
section making this award.
Jo sep h W . M a rs h ,
F
red
H
ew it t ,
Section.
Award in re Employees v. Jacob E. Decker & Sons, Mason City, Iowa.
235,
F e b r u a r y 1 2 , 191 9 .
Difficulties which arose in M ay, 1918, between the employees and the firm of Jacob
E .‘ Decker & Sons, Mason City, Iowa, were adjusted b y Federal Conciliator Patrick E .
Gill, and an agreement was entered into between the employees and the firm on July 7,
1918.
Shortly thereafter the employees asked that there be substituted for this agreement
an award similar to that made b y the H on. Samuel Alschuler in certain packing-house
industries on June 8 , 1918.
The case has been jointly submitted to the National W ar Labor Board.
After careful consideration the board rules that the so-called G ill agreement, which
provides for the basic 8 -hour day, shall remain in force with the following modifications:
1.
Overtime work shall be paid for at the following rates: D ouble tim e for all time
worked on Sundays and holidays, including New Y e a r’s D a y, Memorial B a y , Inde
248
C H A P . V .-----A W A R D S OF N A T IO N A L W A R LABOR BOARD.
pendence D ay, Labor D ay, Thanksgiving D ay, and Christmas D ay, or the days legally
celebrated in lieu thereof. W here the operation is necessarily and generally carriea
on for seven days of the week, provision m ay be made b y relief gangs or otherwise, so
th a t th e employees in such operations m ay be relieved from d u ty on some day of the
week, and in case of such relief on any other day of the week, aouble tim e shall not
be allowed for work on Sunday of such week.
The weekday overtime pay (not including any day for which double tim e is paid)
shall be at the rate of tim e and one-fourth for the first two hours in excess of the regular
eight-hour day on each such day, and at the rate of tim e and one-half for all tim e
thereafter on each such day.
2 . Em ployees shall choose their own committees from among themselves, in their
own way, and these committees are to be free to take up any and all complaints with
the employer or his d uly authorized representative.
3. Retroactive wages due under this award shall be paid from July 3 1 ,1 9 18 , the date
of joint submission, said paym ent to be made not later than March 15, 1919.
T. M. G u e r in ,
H . H . R ic e ,
Section.
A w a r d in r e E m p lo y e e s v . S t. L o u is C offin C o .
258.
N o v e m b e r 1 9 , 1 91 8 .
Recognition of union.— It appears that prior to April 8 , 1918, the St. Louis Coffin
Co. entered into an agreement with certain unions representing some of its employees.
The board decides that such agreements shall be maintained.
Committees.— The evidence further shows that in other departments of this estab
lishment union and nonunion men and women work together, which practice obtained
for some tim e. The request of such employees for the exclusive em ploym ent of
union men and women is disapproved of b y the board for the reason that no such
arrangement was in force prior to the submission of this controversy. However, the
principles of the board recognize the right of the workers to organize and bargain
collectively, and there shall be no discrimination or coercion directed against proper
activities of this kind. Em ployees in the exercise of their right to organize also shall
not use coercive measures of any kind to compel persons to join their unions, nor to
induce employers to bargain or deal w ith their unions, other than those specified
in the preceding paragraph. A s the right of the workers to bargain collectively
through committees has been recognized b y the board, the company shall recognize
and deal with such committees after th ey have been constituted b y the employees
in accord with the principles of this board.
Hours of labor and overtime.— I t appears that b y agreement between the company
and its employees during the latter part of April, 1918, the work day in this establish
m ent was fixed at 9 hours. The board decides that this basic day shall continue
5 days per week, with a 5-hour work day on Saturday. T im e in excess of these
daily hours shall be paid for at the rate of tim e and one-half, with double tim e to be
paid on Saturday afternoons, Sundays, or holidays.
Wages.— I t appears from the evidence that on June 26, 1918, a settlement of the
strike of the employees of this company was made on the basis of giving 15 per cent
increase in wages. T he board decides that an additional 25 per cent increase be
granted to all day and hourly workers on the rates in effect July 26, 1918, and that
the committees hereinbefore provided and the management shall m eet within 10
days after such committees are constituted to agree upon classifications and m inim um
rates for the various occupations. If any disagreement occurs that can not be m utually
adjusted it shall be referred to the National W ar Labor Board for decision.
Piecework.— The board can not justly direct the abolitioh of piecework operators
in this establishment, therefore it directs that all questions concerning piecework
practices and rates be adjusted b y conference between the management and the
committees contemplated in section 2 .
Women’s wages and conditions o f labor.— W here women are exnployed on work
usually performed b y men th ey w ill be allowed equal pay for equal work and must
not be allotted tasks disproportionate to their strength. T he request of the women
for m inim um rates of pay is granted, as follows:
First three m onths’ service, 21 cents per hour.
N e xt six months’ service, 26 cents per hour.
After nine months’ service, 32 cents per hour.
Working conditions.— Provisions for the health, comfort, and working efficiency of
njen and women employees shall be made in accordance with standards agreed upon
J . A. M cN U L T Y ,
249
M IN N E A P O L IS , M I N N .
in conference between the management and the shop committees. In case of dis
agreement, appeal should be made to the city or State factory inspector for decision.
Apprentices.— The establishment of an apprentice system should be m utually
agreed upon between the company and the shop committees. T he board recommends
that provision be made for a reasonable num ber of apprentices.
Retroactive pay .— T his award shall be retroactive to July 26, 1918, and the com pany
shall have until Decem ber 15, 1918, to calculate and make final paym ent of the
retroactive wages due hereunder.
Duration of award.— This award shall be in effect for the duration of the war except
that either party m ay reopen the case before the board at intervals of six months
hereafter for such adjustment as changed conditions m ay render necessary.
C. E . M i c h a e l ,
M a tth e w W o ll,
Section.
Findings in re Grain Elevator Workers, Local No. 161 9 8 , v. J. A . McNulty,
Minneapolis, Minn.
261.
A p r i l 11, 1919.
T he National W ar Labor Board, in considering on appeal the question of jurisdic
tion involyed in this case, affirms the decision of the joint chairmen as handed down
under date of Novem ber 2 2 , 1918. It also makes the following findings:
T h is is not a joint submission.
J. A . M cN u lty was named a defendant in the case of the Grain Elevator Workers
v. A tlantic E levator Co. et a l., docket No. 261, but the character of service rendered
b y the em ployees of respondent can not very well be classed w ith that performed
b y grain elevator workers, and separate findings, therefore, are had.
The business engaged in consists of reclaiming grain door material from inbound
grain shipments and conditioning same for reuse; also in inspecting and coopering
cars for bu lk grain loading. It also appears that the work is done under contract
with various carriers 'and under the supervision of the United States Kailroad A d
ministration, and whilst M cN u lty does not agree to abide b y the findings of the
board, at the same tim e there is some intimation on his part that if the board should
recommend an increase in wages he could follow the findings in the event that the
Railroad Administration reimburse him for the additional expense.
The persons em ployed in this work vary from 60 to 115, owing to the season.
There are two classes of employees-— car coopers and door pullers or reclaimers.
These men ask 55 and 50 cents per hour, respectively, and that the 8 -hour day, now
in effect, be modified and continued. A reaffirmation of the right to organize and
bargain collectively in accordance w ith the principles enunciated b y the National
W ar Labor Board is also requested.
T he following rates are shown to have been in effect on the dates m entioned:
Date.
Aug. 1, 1914.....................
Aug. 1,1916.....................
Apr. 1,1918........ , ...........
July 1,1918.....................
Aug. 1,1918.....................
Sept. 15, 1918..................
Coopers’
rate per
hour.
Door
pullers’ or
reclaimers’
rate per
hour.
Cents.
Cents.
27.5
30.0
32.5
35. 0
45.0
50.0
25. 0
27.5
30.0
32.5
40.0
45.0
Hours per
day.
10
10
10
9
9
8
findings .
Wages.— The trend in the cost of livin g was upward for some months subsequent
to the last wage increase received b y the m en, and the request made, am ounting
to an increase of 10 per cent, seems reasonable as applied to December 1, 1918, and
thereafter. T hat the coopers should receive 55 cents per hour and the door pullers
50 cents, effective on and after Decem ber 1 , 1918, is recommended.
Committees.— The principles upon w hich this board is founded guarantee the
right to employees to organize ana bargain collectively, and there should be no dis
crimination or coercion directed against proper activities of this kind. E m ployees
250,
C H A P . V .-----A W A R D S OF N A T IO N A L W A R LABOR BOARD.
in the exercise of their right to organize also should not use coercive measures of any
kind to compel persons to join their unions, nor to induce employers to bargain or
deal w ith their unions.
A s the right of the workers to bargain collectively through committees is recognized
b y the board, it is the recommendation of the board that the com pany recognize
and deal with such committees of their own em ployees after th e y have been properly
constituted b y the em ployees of the com pany, and that future differences between
the com pany and the em ployees be adjusted b y these committees.
Hours.'— The evidence shows that 8 hours constitutes a d a y ’s work in this plant,
and that tim e and one-half is paid for all overtime and also Sundays and holidays.
I t is recommended that said hours continue, with the exception that double tim e
be paid on Sundays and holidays.
A dopted b y the board April 1 1 , 1919, the vote being as follows:
For: Joint Chairman M anly, V ice Chairman Judson, and Labor Group.
Against: Em ployer Group.
M IN O R IT Y
REPORT.
T h e employer members could not support the above findings for the reason that
the wages of these employees were advanced on April 1 , July 1 , August 1, and S ep
tember 15, 1918, and in the judgm ent of such members the wages are adequate f@r
the class of service rendered.
Findings and Award in re Am algam ated Association of Street & Electric
Railway Employees of America, Division No. 7 6 4 v. The Kansas City Rail
ways Co.
[Effectivealso in the case of Docket No. 266, Kansas City Railways Employees Brotherhood v. The Kansas
City Railways Co.]
965.
O c t o b e r 24=, 191 8 .
T h is is a controversy between th e employees of the defendant com pany, members
of the Amalgam ated Association of Street & E lectric R ailw ay E m ployees of America,
D ivision N o. 7 6 4 : and T h e Kansas C ity Railways Co.
^
T his com pany is a street railway corporation operating lines of railway in the cities
of Kansas C ity, M o., and Kansas C ity, K a n s., and the suburbs thereof. T h e case
comes before the National W ar Labor Board upon joint submission signed b y both
parties A ugust 7 ,1 9 1 8 . E xtended hearings were held b y examiners and the case was
argued exhaustively b y counsel for all of the parties before the exam iners at Kansas
C ity, M o., and before th e join t chairm an at Washington, D . C. T h e employees
involved were represented before the board b y Mr. W illia m T . Mahon, president of
the Am algam ated Association of Street & Electric R ailw ay E m ployees of Am erica,
M r. Frank O ’ Shea, international vice president of the same organization, and Messrs..
Clif Langsdale and James H . Y a h e y , attorneys representing the same association.
T h e com pany was represented in the proceedings b y Messrs. Frank Hagerman and
C lyde T aylor, counsel for the com pany, and Mr. P hilip J, K e a ly , its president.
T h e issues involved were:
Wages.
Status of women employees.
Revision of schedules.
•Constitution of working day.
A w ard.
1 . Wages.— T h e board is fixing these rates for the period of the war only and there
fore substitutes for more extended graduation of rates b y years shorter periods for the
increases. T h e wages of motormen and conductors shall be:
For the first three months of service, 43 cents per hour.
For the n e xt nine months of service, 46 cents per hour.
Thereafter, 48 cents per hour.
Men operating one-man cars, 53 cents per hour.
T h e wage scale for hostlers shall be the same as that for motormen and conductors.
2 . Wages o f other employees.— T h e wages of employees other than motormen and
conductors, w hich have been subm itted to the board for fixation, shall be increased
b y the same p er cen t th at th e m axim uni of th e wage scale paid to motormen and
conductors is increased b y this award; provided, however, that if this per cent increase
does not bring the wage of any adult em ployee up to a m inim um of 42| cents per
hour, that he or she shall be paid said m inim u m of 42J cents per hour.
K A N S A S C IT Y R A IL W A Y S
CO.
251
3. Schedules and\ hours.— W hen the elapsed tim e consumed by swing runs exceeds
13 hours, an addition of pay for the period of excess consumed tim e shall be allowed
as follows:
For the fourteenth hour, 15 minutes.
For the fifteenth hour, 30 m inutes.
For the sixteenth hour, 45 minutes.
For the seventeenth and each successive hour, 60 minutes.
These allowances are to be applied to successive periods of one half-hour each; less
than one-half of such period to be neglected and more than one-half of each such period
to count as allowed tim e for the full allowed period. W henever there is a break or
lay-off tim e in any of the scheduled runs of 45 m inutes or less, such period shall be
paid for at the rates prescribed in this award and shall be considered to be a part
of the platform tim e.
For all tim e required in excess of the regular schedule tim e, tim e and one-half
shall be paid. N igh t cars shall all be straight runs, w ith no more than 8 hours’ tim e
an d w ith 10 hours’ pay.
4. Status of women employees.— W om en employees shall receive equal pay w ith men
for the same work, and the guaranteed m inim um for women shall be increased from
$60 per m onth to $75 per month, as now obtains in the case of the men.
5. Constitution o f working day.— T h e employees asked that all employees running
on a schedule of less than 9 hours be placed on a 9-hour basis and that 9 hours be
known hereafter as the working day, and that all those having a schedule of less than
nine hours be paid for 9 hours’ work. T his demand was not supported b y adequate
testim ony or argum ent and is not in accord w ith previous decisions of the board.
6 . Interpretation o f award. — For the pu rpose of securing a proper interpretation of this
award the secretary of the National W ar Labor Board shall appoint an exam iner, who
shall hear a n y differences arising in respect to the award between the parties and
prom ptly render h is decision, from which an appeal m ay be taken b y either party to
the National W ar Labor Board. Pending the appeal the decision of the exam iner
shall be binding, except as provided in the rules of the board.
7. Date effective.— T h is award is to take effect as of August 17,1918, and shall remain
effective up to and including August 17, 1919, or for the duration of the war, except
that either party m ay reopen the case before the board at periods of six m onths’
in terval, beginning February 1 , 1919, for such adjustm ent as changed conditions may
render necessary. T h e com pany w ill be allowed until Decem ber 1 ,1 9 1 8 , to make the
paym ents to its em ployees of the back pay awarded herein.
8 . Kansas City Railway Employees Brotherhood.— Certain of the employees of this
sam e company were represented before the board b y Mr.- Samuel R . Freet, counsel
for Kansas City R ailw ays Em ployees Brotherhood. T his award, in all respects, shall
cover said employees in like manner as the employees represented b y the officials
an d attorneys of the Amalgamated Association of Street & E lectric Railw ay Em ployees
of Am erica, D ivision No. 764.
9 . Conditions o f award— Financial ability of company.— (a) Terms of submission:
Under th e agreement of submission between the company and its employees, this
award was made conditional upon the granting of an increase in the rate offare to be
charged per passenger b y the com pany and subject to the financial a b ility of the
com pany to m e et th e requirements of the award,
(6)
Increase in fares: T h e com pany made a showing to the board as to it© financial
condition, based upon an official audit thereof. T h e representatives of the employees
conceded its substantial accuracy, and the board extended full opportunity to the
representatives of the m unicipality of Kansas City, M o., to present any countervailing
proof or argument, which was declined. T h e board, upon the showing^so made,
finds that th e com pany, under present revenues, is financially unable, and its general
financial condition w ill not perm it it, to pay the wages herein awarded to its employees
or to readjust its schedules as herein directed. Accordingly, the board finds that
in order to enable i t to put this award into effect the company should be permitted
to make such charges for its services as w ill produce sufficient income to pay the
wages herein specified, as well as the other expenditures and charges necessary to
the rendition of proper and uninterrupted service.
T h e increase in fares is only for the period of the war and the general equities of
the same do not turn upon the history of the relations between the local street rail
ways and the municipalities in which they operate. Nor does the claim for an increase
in fares rest upon any right to a dividend upon capital long invested in the enter
prise. The increase in fare is directed solely because of the im m ediate pressure for
money receipts now to keep the street railways running so that they m ay meet the
local and national demand for their services and pay the J u st and fair scale of wages
to their employees as herein awarded. Overcapitalization, corrupt methods, exor
252
C H A P . V .-----AW AR D S OF N A T IO N A L W A R LABOR BOARD.
bitant dividends in the past, if any there have been, are not relevant to the question
of national policy in the present exigency.
In strict justice, the public must pay an adequete war compensation for a service
which can not be rendered except at war prices.
Wm. H. T a ft,
F r a n k P. W a l s h ,
Joint Chairmen.
SUPPLEM EN TAL
P R O C E E D IN G S I N T H E I N T E R P R E T A T I O N
FO R C E M E N T OF T H E A W A R D .
AND
EN
January 31, 1919.]
This is an application for the interpretation and enforcement of an award hereto
fore made by the National W ar Labor Board on October 24, 1918, upon the recommen
dation of the joint chairmen, to whom as a section of the board the controversy was
referred. The board fixed, the rates of wages to be paid at the standard of wages
which it had followed in respect of street railway employees in Detroit, Cleveland,
Chicago, Boston, and other cities of the same class and character, the rates varying
from 43 cents per hour to 48 cents per hour, which was the m axim um , for cars manned
b y conductors and motormen. I t fixed a m inim um of 42£ cents per hour for any adult
em ployee. There were other provisions of the award not now necessary to mention.
The sixth clause of the award was as follows:
Interpretation of award.— For the purpose of securing a proper interpretation
of this award the secretary of the National W ar Labor Board shall appoint an exam
iner, who shall hear any differences arising in respect to the award between the
parties and prom ptly render his decision, from which an appeal m ay be taken
b y either party to the National W ar Labor Board. Pending the appeal the de
cision of the exam iner shall be binding, excep t as provided in the rules of the
board.
Instead of applying to the exam iner, the employees in seeking the interpretation
of the award in the present case have applied to the joint chairmen, who are the
section of the board, under the practice of the board, to whom all the street railway
and public u tility controversies are referred.
The award was to take effect as of August 17, 1918, and remain effective up to and
including August 17, 1919, or for the duration of the war, except that either party
m ight reopen the case before the board at periods of six months’ interval, beginning
February 1 , 1919, for such adjustm ent as changed conditions m ight render necessary.
The com pany was allowed until December 1 , 1918, to make the paym ents to its em
ployees of the back pay which the decision of the board awarded.
The ninth clause of the award was as follows:
(а) Terms of submission: Under the agreement of submission between the com
pany and its em ployees, this award was made conditional upon the granting
of an increase in the rate of fare to be charged per passenger b y the company
and subject to the financial ability of the company to meet the requirements
of the award.
( б ) Increase in fares: The company made a showing to the board as to its
financial condition, based upon an official audit thereof. The representatives
of the em ployees conceded its substantial accuracy, and the board extended
full opportunity to the representatives of the m unicipality of Kansas City, M o.,
to present any countervailing proof or argument, which was d eclined. The board,
upon the showing so made, finds that the com pany, under present revenues,
is financially unable, and its general financial condition will not permit it, to
pay the wages herein awarded to its em ployees or to readjust its schedules as
herein directed. Accordingly, the board finds that in order to enable it to put
this award into effect the company should be permitted to make such charges
for its services as will produce sufficient income to pay the wages herein specified,
as well as the other expenditures and charges necessary to the rendition of proper
and uninterrupted service.
The increase in fares is only for the period of the war, and the general equities
of the same do not turn upon the history of the relations between the local street
railways and the municipalities in which they operate. Nor does the claim for
an increase in fare rest upon any right to a dividend upon capital long invested
in the enterprise. The increase in fare is directed solely because of the im m ediate
pressure for money receipts now to keep the street railways running so that they
m ay m eet the local and national demand for their service and pay the just and
fair scale of wages to their employees as herein awarded. Overcapitalization,
corrupt methods, exorbitant dividends in the past, if any there have been, are
KANSAS CITY RAILWAYS CO.
253
not relevant to the question of national policy in the present exigency. In
strict justice the public must pay an adequate war compensation for a service
which can not be rendered except at war prices.
On November 1 , 1918, the com pany filed bills in equity in the United States courts
for the districts of Missouri and Kansas, against the public service commission in
Kansas and Missouri, against the municipal authorities of Kansas^ City, M o., and
Kansas C ity, K an5., and against the two street railway unions which were parties
to this award. The b ill in effect averred that the effect of the award of his board
was to direct the. increase of wages, and also to direct the increase of fares to meet
the wages, in order that the street railway com pany m ight be maintained and permit
m axim um production for the war; that the authority and power of the board rested
in the war power of the National Governm ent and superseded the usual powers of
the public u tility commissions of Missouri and Kansas, and that therefore the com pany
had the right to collect the fares needed to enable it to pay the wages awarded, which
were 8 cents per passenger and 1 cent for transfer; that the public utility commissions
and all the local authorities threatened to prevent the com pany from charging more
than 5 cents fixed in the original franchise of the com pany, or 6 cents which had been
allowed on the Missouri side b y the p u blic commission b u t w hich had been
suspended pending court proceedings to test the validity of the increase to 6 cents.
The com pany rested its claim on the ground that such interference violated its rights
under the Federal Constitution.
T he court denied the injunction on the ground that the order made was conditional
and did not become effective until the rates were raised b y the proper State authorities.
T he order of the Federal judges denying the injunction was handed down on the 2 d
of December, and on the 6 th of December the com pany made application for an
appeal to the Supreme Court of the U n ited States from the order of the district court.
A t the hearing in the Federal court room on Novem ber 5, counsel for the Missouri
P ublic Service Commission inquired as to w hy application for the increased fare
sought had not been filed with that commission, instead of frivolous Federal suits,
and he stated that the commission would undoubtedly grant whatever increase
m ight be fair. N o application was filed before the commission of Missouri until
December 7. On December 9 a committee of the employees called on the president
of the com pany and asked him w hat prospect there was for the performance of the
condition upon w hich the wage award would go into effect. T he com pany’s presi
dent stated that he did not know of any prospect, that he could not send any message
to the men, bu t referred them to the mayor to find out what he was w illing to do.
T he mayor had no power to grant or refuse an increase in fares.
On the night of the 1 0 th of December the employees voted to strike, and did so on
the n ext day. Thereupon the company published a half-page advertisement in the
newspapers, headed ‘ ‘ A strike against the com m unity, ’ ’ in which it charged that the
strike was carefully planned b y the men, not so much against the company as it was
against the politicians, with a view that the business interests would bring -about a
settlement.
On the 1 2 th of Decem ber President K ealy conferred with the Em ployers’ Associa
tion of Kansas City, and discussed the 6 and 8 cent fare propositions at some length,
stating that such an increase in th e fare m eant a m uch smaller volum e of business.
H e said, “ The higher the fare the harder it is on people who use the cars, and the
higher the fare the more perplexing the problem becomes. I doubt whether w e could
pay the award made on an 8 -cent fare unless the volume of business should increase.”
In closing his statement Mr. K ealy said he opposed making a settlement on the basis
of the W ar Labor Board award, because a readjustment would be necessary w ithin
a few months if there is a downward trend in the cost of living and cost prices generally.
H e said, ‘ ‘ W e ’ll hold our men longer than if we settle with them on a 48-cent an hour
basis and then have to cut their wages later.”
On the sixth day of the strike, on December 16, an offer was made on behalf of the
employees, to the counsel for the company, that if an appeal to the Supreme Court
from the denial b y the district court of the injunction sought were dismissed, and the
company would use every effort to secure an increase of fares before the two public
utilities commissions, the men would go back to work at the old rate.
This offer
was not accepted b y the company.
On the seventh day of the strike, on December 17, a conference was had in the
mayor’s office between a committee of the employees and the com pany officials,
together with two conciliators of the Department of Labor and a committee of the
employers’ association. A t this meeting i t was stated that the m en insisted that the
appeal to the Supreme Court should be dismissed, and President K e a ly replied that
the suit would not be dismissed.
On the eighth day of the strike, December 18, the employees again, b y resolution
adopted at their mass meeting, offered to return to work if the company would pursue
254
CHAP. V.-- AWARDS OF NATIONAL WAR LABOB BOARD.
its applications before the commissions for increased fare. This offer was published
in the Kansas City papers but was not accepted b y the com pany.
On the 3d day of January the employees made application for hearing before the
jo in t chairmen at Omaha.
T he com pany had been advised that an application
w ould be made at that place, but sent no one to represent it. The chairmen sent to
the com pany and the parties in interest the following telegram:
P. J. K e a l y ,
*
President, the Kansas City Railways Co ., Kansas City, Jio.
A t Omaha yesterday division N o. 764 of the Am algam ated U nion of Kansas
C ity applied to us as joint chairmen of the National W ar Labor Board to enter
an order directing execution of the award made October 24 last and compliance
w ith its terms as to wages w ithout regard to the condition therein contained,
m aking the award of wages dependent on legally authorized increase of fares for
the company. T he application is based on the averm ent that the com pany has
not in good faith sought an increase of fares, as was its d u ty under the submission
and award, but on the contrary b y a continuance of hopeless court proceedings
in the United States Supreme Court has deliberately prevented the grant to it
of such an increase in fares b y the State authorities of Missouri and Kansas who,
bu t for such court proceedings, would already have heard and passed upon the
com pany’s petition for an increase in rates upon w hich the increased wages
awarded to the m en would have become payable. #Being informed that the
m en have struck, w e have advised th e ir representatives that we can not hear
their application under the rules of our board; but that if they will return to work
under the old terms of wages and other conditions obtaining when th ey struck,
we will fix Tuesday, January 14, 2 p. m ., at Southern B uilding, Washington,
as the tim e when th e board or its chairmen w ill hear the application upon its
merits. Of this hearing, in case the m en return to work, please regard this tele
gram as notice and summons to appear at that tim e and place. W e advised you
that the m en intended to make some application to us at Omaha where we agreed
to hear it. Y o u were not represented at Omaha so that we take this method of
notifying you of the application and our action upon it. W e have directed the
counsel for the union to serve you w ith a copy of the petition and averments w hich
th ey presented to us, accom panying it b y an oral statement. Please acknowledge
receipt of this telegram to Secretary Lauck, National W ar Labor Board, W ash
ington.
W illiam H . T aft ,
B asil M . M a n l y ,
Joint Chairmen.
On January 12, the com pany published the following advertisement:
A STRIKE AGAINST T H E COMMUNITY.
•
The statement was made on the morning of December 1 1 , when our former
employees, a t the bidding of their leaders in Detroit, w ithout warning and in
the face of a contract not to strike, attempted to disrupt the business of this com
m unity, that this was a strike against the community. Nothing has ever been
shown to disprove this statement. T he best evidence of this is the action of the
leaders of these m en b y attem pting to have the W ar Labor Board enforce a wage
that means an 8 -cent fare, without regard to the decision of the Federal court, the
consent of the city, and the public service commission of the State.
Th e strike was brought about b y the leaders of the m en refusing to accept the
award of the W ar Labor Board and its construction b y the United States district
court. Under this award and b y the ruling of the courts the rights of both parties
were settled, and it was adjudged that the increase in wages was not effective
until this com pany got an increase in fare which would m ake their paym ent
possible.
T he com pany had no power to collect a fare other than th a t authorized b y
public authority. However, in order to fulfill the conditions of the award it
has, b y every legal and orderly step possible, endeavored to secure the 8 -cent
fare which it takes to pay th e wages demanded b y the union. This in the face
of an overwhelming public sentim ent against any further increaae and opposition
b y public officials who represented this p u blic sentim ent. W e are w illing to
leave to the public and p u blic officials th e question of whether or not we have
earnestly tried to secure an 8 -cent fare.
T h e leaders in this strike are continuing their efforts to wage this industrial
war upon the com m unity. T h ey are now asking the W ar Labor Board to interfere
in the affairs of Kansas C ity and to take some action that w ill force the public to
pay th e wages named in th e conditional award.
255
KANSAS CITY RAILWAYS CO.
T h e real party in interest, the public, in this entire case has not been requested
to appear in W ashington, although the award is conditional upon its willingness
to pay the wages specified.
*
*
*
*
*
*
*
*
From the very beginning this has been a strike against the com m unity. Prior
to the strike statements were made in Labor Tehaple b y these leaders that they
would force th e politicians to consent to an increased fare. That it would not
hurt Kansas City to walk for a few weeks until it was willing to grant an increased
fare. Failing, in spite of Christmas holidays, blizzards, 13 below zero weather, in
every effort to bulldoze and bluff th e people of Kansas City b y the inconvenience,
suffering, and financial loss occasioned b y the strike, they are now attem pting by
some hook or crook to have the W ar Labor Board take some action.
O n th e 6 th of January th e men voted to offer to return to work and tendered their
services to th e company, as directed b y the joint chairmen in the telegram of January
3 above quoted. T he offer was rejected b y the com pany. O n that day the president
of the com pany told a reporter of the Kansas City Star, when asked as to the tele
graphic summons sent him from Chicago b y the joint chairmen, that he would not
spend th e car fare to attend the hearing, that he was not in favor of an 8 -cent fare,
and that an 8 -cent fare would never come to Kansas City.
Th e street railroad com pany, although full opportunity has been given, has offered
little if any evidence to controvert th at adduced on behalf of the m en which has
been set out in some fullness because the chief issue here is one of fact and that of
good faith. T he com pany did send a lawyer, Mr. Higgins, to the hearing in W ash
ington, to present for it a written statement denying our jurisdiction to consider the
application, announcing its purpose to ignore any action on our part in respect to the
award as beyond our power, setting up a plea of res adjudicata that the Supreme
Court of Kansas, with the m en and company before it, had found the award made by
this board conditional, and therefore we could not now hold it to be otherwise or to
free it from the condition, and finally denying any lack of diligence or good faith on
its part in actively seeking the right to charge the additional fares which would satisfy
th e condition of th e award. Mr. Higgins brought to the attention of the chairmen
th a t court proceedings had been begun in th e courts of Missouri to prevent the public
commissions from granting any increase in fares, and that only very recently had the
supreme courts of the State sustained the view th at those commissions had the power.
Mr. Higgins insisted therefore th a t due diligence in prosecuting petitions for increases
under th e rules of th e two commissions was manifest.
T h e prayer of the m en in this application is th at the board shall interpret the award
to im pose upon th e company th e obligation to use due diligence to secure authority
for an increased rate of fare, which would enable them to pay the award and thus
bring about a performance of the condition upon the award if the increase of fares
becomes effective; that th e board shall find on the evidence that instead of discharg
ing this obligation th e company has not in good faith sought the increase of fares,
but has in effect taken a course which has prevented such increase; and that by
such conduct the com pany has made th e performance of the condition upon which
th e increased wages become payable unnecessary; wherefore the board should hold
that the company m ust com ply with th e award of an increased wage without further
regard to the condition. T he men ask an order of the board appropriate to this end.
Opinion .
T h e preliminary objection to our power to hear and grant the relief asked i;i this
application w e overruled and disposed of at the oral hearing, but it is perhaps well for
us to restate our ground.for so doing. T he award which we m ade was acquiesced in
b y both parties and was w ithin the terms of the original submission. I t therefore
becomes binding upon th e parties as a common-law award and has the same efficacy
as a contract with a similar purport made by the parties. T hat award contains a
provision for its interpretation by the board in the course of its execution. This
application is merely seeking such interpretation in view of new facts arising since
the award. Therefore the parties are before us b y virtue of the original submission
and are contractually bound b y our interpretation as b y our original award.
T h e plea that the award has been considered by the U nited States court with the
parties before it and th at that court has held th e award to be conditional m ay be a
good plea of res adjudicata as to that construction of the award. This is, however,
immaterial, because no one disputes that th e award was upon condition. I t had to
be to conform to agreement of submission. T he only question here therefore is not
as to the conditional character of the award, but it is whether the conduct of the com
256
CHAP. V.----AWARDS OF NATIONAL WAR LABOR BOARD.
pany has been such as to prevent the performance of the condition made in its behalf,
so that the condition is to be regarded in law as performed and the award rendered
im m ediately effective.
T he principle of law that must have application on the issue here is very clear and
is settled by a great m any authorities. W e can quote from one of them — that of W il
liams v. Bank of the U nited States, 2 Peters, 96, “ if a party to a contract who is entitled
to the benefit of a condition upon the performance of which his responsibility is to
arise, dispense with it or b y any act of his own prevent the performance, the opposite
party is excused from proving a strict compliance with the condition and the con
dition will be considered as having been perform ed,”
Cleveland R olling M ill v. Rhodes, 121 U . S ., 264.
Lovell v. St. Louis Insurance Company, 111 U . S ., 264.
On th e evidence we hold that th e application of the m en must be granted. W e
think the circumstances of the case show, with great clearness, that the com pany has
not, with due diligence and in good faith, attempted to secure the performance of the
condition and the increase in th e rates of fare. I t is not necesssry in reaching this
conclusion that we find that the proceeding in the Federal court was not in good
faith, and we do not so find. W e should say, however, that the bill in the Federal
court was filed on a most fantastic and unwarranted assumption in respect to the power
of this board. This board was not created b y Congress. It was not geivn any com
pulsory jurisdiction, although that is specifically asserted in the bill. I t was merely
offered, to the public b y the President of the U nited States as an instrument through
which employers and employees m ight voluntarily have their difficulties mediated
or settled b y arbitration. H e urged upon all patriotic persons to resort to the board
for the maintenance of industrial peace and the avoidance of strikes and lockouts.
This board never, in any decision, gave the slightest intim ation that it had the right
either to compel parties to subm it to its jurisdiction, or that it had power to fix rates
of fares for street railway companies, or to overrule the lawful local authorities in
exercising the power conferred upon them b y State legislatures to regulate the fares.
T he contention th at this board intended to issue a mandatory order or any order at
all to the local authorities to increase fares is so utterly without warrant on the face
of the award that it is difficult to be patient with it.
Th e truth is that the board was anxious to secure a general increase in fares and
revenues of street railways in such cases, because they were obviously as inadequate
as the wages in view of increased cost of maintenance. I t wished, so far as it could, to
prevent the doing of justice to the m en from increasing the burden of injustice to the
company. So the board did not hesitate to urge upon local boards the doing of justice
to the employer companies. I t has been its general practice to do so in this class of
cases. T hat it was a little more specific and direct in its recommendation in this case
was due to the urgent request of counsel for the com pany.
To contend that the language of the award m ade i t an unconditional order directed
against State authorities, as the bill for an injunction seemed to insist that it was, was
a claim so extrem e as to create a doubt whether it could be serious.
A n examination of the record shows the fu tility of the course pursued in seeking an
injunction from the Federal court. T h e injunction asked, in its essence, was a m anda
tory injunction upon the State boards to grant authority to the com pany to increase its
fares under the recommendation of this board. In other words, it was a proceeding to
enforce that recommendation as a lawful order.
N o t only was the bill framed on an utterly absurd view of the powers of this board,
bu t it was most inexpedient and unwise in that it ignored altogether the lawful power
of the commissions, except to make them parties in a compulsory proceeding. This
would naturally have the effect of prejudicing pending or subsequent petitions of the
com pany before these public service commissions for an increase. N o t content with
the dismissal of the absurd bill for an injunction, the company then proceeded to take
an appeal from that dismissal to the Supreme Court. T his appeal, in the nature of
things, could not be heard b y that court until after the period covered b y the award
had expired. A hopeless appeal of this character, w hich would only hold up the
matter for the m en for six months, was a most remarkable step for a company pressing
for im m ediate increase of fares to help the m en. T he refusal of the president of the
com pany to dismiss the appeal thus becomes most significant in the issue of good faith.
N o t until the 7th of Decem ber, after the appeal had been filed, was application
m ade to the Missouri commission for the raise in rates claimed b y the com pany to be
necessary. T h e pendency of th e appeal in such a compulsory proceeding was not
lik ely to stim ulate the commission to im m ediate action.
T h e strongest contention of the com pany is that the delay in filing applications for
increases in fare in the two State commissions was not inconsistent w ith a bona fide
purpose to secure authority for the increase, because litigation in the States was then
KANSAS CITY RAILWAYS CO.
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pending to test the power of the State commissions to authorize the increase of fares.
W e do not regard this circumstance as having any such weight as is attributed to it.
H ad the application been m ade at once upon the handing down of the award, we
know from the statem ent of the representative of the Missouri commission, made in
open court, at the hearing of the injunction proceeding in the Federal court, that that
commission would have prom ptly considered it; and even if an order of increase m ight
have been dependent upon th e ruling of the Supreme Court of the State of Missouri
before it became effective, the favorable ruling there was made early in January and
the order would then have been effective.
From all the circumstances of the case, we can not take any other view than that
reasonably good faith and good sense required the promptest application to the State
commissions of Missouri and Kansas in the first instance to secure this increase.
^ I t should be added that counsel for the m en charged that the filing of the applica
tion with the Missouri commission when it did come was m erely a formal step, and an
attem pt to save appearances. W e think the evidence sustains this view , because no
pressure for a hearing of the application was brought to bear on the commission.
T h e m en were wrong to strike on the 10th of Decem ber. I t was contrary to their
agreement, bu t we are bound to say that the course of the company in this most
extraordinary legal proceeding very naturally aroused the suspicion of the m en and
their discontent, and when the president of the company, on the 1 0 th of that month,
upon their urgent request as to when he thought the award would become effective^
referred them to the mayor, who had no authority in the premises, their suspicions
were not lik ely to be allayed.
W ith these circumstances and the character of the litigation as a background, we
come now to exam ine into the good faith of the com pany. The conduct of its presi
dent makes it clear to us that our finding on this, the only issue in the case, m ust be
for the m en. From the tim e that the m en violated their agreement and made the
mistake of striking, the action of the company and its president leaves no doubt in
our m ind that the com pany was thereafter determined that there should be no increase
to 8 cents, w ith 1 cent transfer, bu t that the matter should be tided over b y use of the
appeal in the Supreme Court and a lax pressure for the hearing of the belated applica
tion for an increase in the rates before the only body authorized to increase them .
I t should be noted that within a very few days after the strike the m en repeatedly
offered to return to their work and work under the old rates, if the appeal to the
Supreme Court was dismissed, and energentic pressure was put to the applications to
the commissions. T h e offer was rejected, and the president
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