Cornell University LIDrary HD5325.P92A661921 Arbitration between New York Newspaper W 3 1924 001 792 617 ,S-,'£,'. it-] $^^«S!&il ■■- oc |4l. 'i |LI I ' ■,L IP..f -V.,)^ ■• ;**^*f!^''."i. >' 'M^^^^ V "jr THE MARTIN P. CATHERWOOD LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924001792617 ARBITRATIO: BETWEEN NEW YORK NEWSPAPER WEB PRESSMEN'S UNION No. 25 AND THE PUBLISHERS' ASSOCIATION OF NEW YORK CITY DECISION RENDERED FEBRUARY 21, 1921 Representing the Union DAVID SIMONS ALBERT B. KREITLER EDWARD W- EDWARDS Representing the Publishers ERVIN WARDMAN BRADFORD MERRILL LESTER JONES CONTENTS Contract of Employment Submitted by the Union 1 Prima Facie Argumment on Wages..... 9 Prima Facie Argument on Shop Practices 95 Report of an Investigation of Working Conditions as They Relate to the Health of Pressmen 123 Names of Members of New York Newspaper Web Pressmen's Union No. 25 Who Have Been Injured in the Performance of Their Work _ __ 161 Publishers' Brief „ _... __ 185 Apprentices and Apprenticeship 255 Proceedings 325 Argument of the Union in Rebuttal 599 Decision 697 Mr. Kreitler's Dissenting Opinion _ 711 Property of ^MRTIN P. CATHERWOOD LIBRARY NEW YORK STATE SCHOOL iNDilSTMAL AND LABOR RELATIONS Cornell University CONTRACT OF EMPLOYMENT SUBMITTED BY THE UNION CONTRACT OF EMPLOYMENT It is agreed between the New York Publishers' Association and New York Web Pressmen's Umion No. 25 that the follow- ing scale shall govern the wages, hours and working conditions of members of said Pressmen's Union in the pressrooms of newspapers making up said New York Publishers' Association; and that this contract shall begin March 1st, 1921, and expire Sept. 1st, 1923. Section 1. Every person acceptably holding a position as foreman of a pressroom and complying with the requirements of the Constitution and By-Laws shall be eligible to membership in this Union, and in no case shall a non-union foreman be allowed to take a position that has been filled by a union man. Section 2. The foreman of the pressroom shall be con- sidered the proper person to whom application should be made • for a situation, and any member of this Union who shall know- ingly seek employment as a journeyman pressman, "either in person or by letter," from a proprietor who has a Union fore- man in his pressroom, shall be fined $10.00 on conviction of first offense, and shall be expelled on conviction of second offense. Section 2A. When a member is discharged and such action of the foreman is contested by the Union on behalf of the member affected, the contention shall be referred to a confer- ence committee of three representatives of the employers and three representatives of the Union. After considering all of the evidence in connection with the reason assigned for discharge, effort at agreement shall be made, and if a decision is reached it shall be final, and shall be so accepted by both parties to the controvbrsy. If agreement cannot be reached the conference committee shall select a seventh member, and the decision of the committee as thus made up shall be final. Section 3. It shall be the duty of the Executive Committee of this Union to see that no person other than a member in good standing is recognized as foreman of a pressroom in its jurisdiction. Section 4. No foreman of a pressroom where three or more quad web presses are running shall be permitted to run any press; and any foreman who shall violate this rule shall, upon conviction, be fined $5.00 for the first offense, and shall be suspended on conviction for second offense. Section 5. All orders for the pressroom shall emanate from the foreman. But it is recognized that in addition to his obligations to the Union the foreman is also under the direction of the management of the paper in the conduct of the pressroom. Section 6. Any foreman, assistant or pressman in charge who refuses to allow a man off when a competent substitute can be had shall be subject to a fine of $5.00. Section 7. No suspended or expelled member shall be permitted to work in any pressroom. Section 8. No other person than a journeyman member of the Union shall be permitted to lay plates or otherwise assist in the actual making ready of work to be printed on web presses, except gis herein provided : The Union agrees to pro- vide competent men as the Publishers' requirements demand. Section 9. All holidays shall consist of twenty-four hours, which days shall be paid at double the regular scale. On Sun- days between 6 a. m. and 12 midnight double time shall be paid. When any of the above holidays fall on Sunday, double time shall be paid only on the day observed. Section 10. Octuple Presses, eight single 2-plate width presses or three double 4-plate width presses shall be rated as Octuple Presses, and shall require eight (8) pressmen and two (2) pressmen in charge. Section 11. Sextuple Presses, six single 2-plate width presses or three double 4-plate width presses shall be rated as Sextuple Presses, and shall require six (6) pressmen and one (1) pressman in charge. Section 12. Quadruple Presses, four single 2-plate width presses or two double 4-plate width presses shall be rated as Quadruple Presses, and shall require five (5) pressmen and one (1) pressman in charge. When quadruple single width press is run on a triple press such press shall require four (4) pressmen and one (1) pressman in charge. Section 13. Presses with two 5-plate wide cylinders and presses consisting of one single 2-plate width section and one single 3-plate width section shall require four (4) pressmen and one (1) pressman in charge. Section 14. Double presses, two single 2-plate width presses or one double 4-plate width press shall be rated as Double Presses, and shall require three (3) pressmen and one (1) pressman in charge. Section 15. Single presses, one single 2-plate width press or 3-plate width press shall be rated as Single Presses, and shall require two (2) pressmen and one (1) pressman in charge. Section 16. Duosextuple press, six double 4-plate width presses shall be rated as Octuple and Quadruple Presses, and shall require the necessary complement of men called for said presses, except when it be known beyond a doubt that said presses will be worked as two Sextuple Presses for one entire shift. This does not apply on Saturday nights, when they shall be rated as Octuple and Quadruple Presses. Section 16A. When two half rolls are used in place of one full roll, it shall require an additional pressman. Section 17. When color attachment is run on a Quadruple Press, it shall require one (1) pressman extra, and when color attachment is run on a Sextuple or Octuple Press, it shall require two (2) pressmen extra. Section 18. All work done on magazine, half-tone or color presses shall require one pressman to be in charge of each four running cylinders; but no magazine or half-tone press running black and two or three color cylinders shall be manned by less than two (2) pressmen in charge and ten (10) color press- men for an Octuple Press; two (2) pressmen in charge and eight (8) other pressmen for a Sextuple Press; two (2) press- men in charge and six (6) other pressmen for a Quadruple Press. When colors are run on more than three cylinders, it shall require one (1) extra pressman for each two (2) addi- tional cylinders or part thereof; A. On all days that journeymen are engaged in packing cylinders or hanging overlays on magazine or other presses, they shall be paid" at the rate of a pressman in charge. B. Roto-Gravure presses— 4 page wide shall require two (2) pressmen and one (1) pressman in charge. Two pige wide machines with folder kttadhnients, shall require two (2) press- men and one pressman in charge. Without folding attachment one (1) pressman and one (1) pressman iiji charge. Section 19. In case of labor-saving devices being installed on machines, the Publisher has the right to demand fewer men than the above scale calls for. In case of labor-increasing devices being installed on machines, the Union has the right to ask for more than the above scale calls for. Iii the instance of the Publishers and the Union failing to agree, then the matter shall be arbitrated. Section 20. Eight consecutive hours between nine a.ril. and 6 p.m. shall constitute a maximum day's work. Section 21. On half tone, color and magazine presses, eight (8) consecutive hours between 8 a.m. and 5 p.m. shall constitute a day's work and overtime on this shift shall be paid at night rates. Section 22. Six consecu,tive| hours between 12 midnight and 6 a.m. shall constitute a maximum night's work. A. On half tone, color or magazine presses, six consecutive hours between 5 p.m. and 8 a.ni. shall constitute a night's work. Section 23. All time, either day or night, in all news- paper pressrooms, belongs to the office, and all pressmen must print any publication or part of publication when called upon to do so; providing the, work required is part of the business of the office and does not necessitate the transfer of pressmen from one press ^ to another, except, because of breakdown or unusyal conditions due to circumstances over which the office has no control. Section 24. No member shall work more than six (6) days or nights in one week when a "substitute can be obtained," and any member failing to comply with this rule shall, upon con- viction, be. fined $10.00 Section 25. When members are ordered to report for work, and sO report, they shall be entitled to the wages paid for such day or night Any part of a day or nighjt: shall constitute a day or night's work and shall be paid for accordingly. 6 Section 26. When any substitute not working is ap- proached by any chairman or pressman to cover any office running short-handed, and he wilfully refuses, it shall be the duty ^E^aid chairman or pressman to report said refusal to the Executive Board, and if found guilty, he shall be fined $5.00. Any chairman or pressman failing to report said substitute shall! be fined $5.00 if found guilty by the Executive Board. Section 27. All members to receive an increase of $10.00 per week over the present scale. Section 27A. All substitutes shall receive one dollar per day or night over the regular scale providing they work less than 6 days or nights a week. Substitutes shall receive one dollar for each night or day that they appear on the sub line and are not engaged for work. Section 28. Overtime, which shall be computed by the hour, shall be paid for at the rate of time and one-half for the first three hours, thereafter double the regular rates. Section 29. When day men are required to perform work on a morning paper after their day's work is finished, they shall receive night overtime. Section 30. Half hour for lunch shall be allowed every five hours at the expense of the office, except on six-hour shifts. Section 31. It is agreed that when a press which has been running regularly for three months is to be laid off, the office must give two weeks' notice to the Union before laying off the crew of said press. SCALE FOR JUNIORS Section 1. Section 2. The conditions of employment and labor shall be governed by the same rules that govern the journeymen. Section 3. If the Union is not able or fails to furnish all the juniors required by an office, the office shall have the privilege of securing competent men from any available source. For N. Y. Publishers' Assn. For N. Y. Web Pressmen's Union No. 25. 7 PRIMA FACIE ARGUMENT ON WAGES IN ARBITRATION PROCEEDINGS BETWEEN New York Newspaper Web Pressmen's Union No. 25 AND The Publishers Association of New York City BEFORE JUDGE MARTIN T. MANTON, Arbitrator Saturday, January 21, 1922 BRIEF FOR THE UNION INTRODUCTORY STATEMENT Your Honor: Before presenting our arguments for your consideration we wish briefly to outline the negotiations which have taken place between ourselves and the Publishers' Association since February, 1921 ; also to lay before you what the issues, as we see them, are, that you have been called upon to decide. REVIEW OF NEGOTIATIONS Prior to the expiration of the last contract, viz. Feb. 28, 1921, the Union presented to the Newspaper Publishers' Asso- ciation a proposal to renew the old contract with the (following changes : 1. That the wages of all members of the Union be in- creased $10.00 per week. 2. When day men are required to perform work on a morning paper after their day's work is finished, they shall receive night overtime. 3. That double time be paid for work on all legal holidays throughout the 24" hours — both day and night shifts. 4. All substitutes shall receive one dollar per day or night over the regular scale providing they work less than six days or nights a week. Substitutes shall receive one dollar for each night or day that they appear on the sub line and are not engaged for work. About the same time the newspapers submitted a proposal to the Uiiion, which called for a reduction in wages and drastic changes in all important working conditions. This proposal was later witlidrawn, and, the Union representatives were invited to meet the Newspaper Owners on Feb. 22, 1921, which invitation was accepted. At the meeting on Feb. 22nd all former proposals wefce dis- regarded, and the Newspaper Owners submitted new proposals in letter form bearing the above date. --A' second meeting was 11 held on March 17th, 1921, at which the Union replied to the letter of the Newspaper Owners of Feb. 22nd. At this second meeting sub-committees were appointed by both sides for the purpose of settling the terms of a new contract. Their efiforts at concilia- tion lasting several weeks finally failed. The understanding of February 22nd provided that the points of difference were to be submitted to a Board of Arbitration, in accordance with the universally existing customs in the event that the sub-committees were unable to settle the issues by conciliation. At this time the sub-committee representing the newspapers proposed that the Arbitration Board should consist of three dis- interested men in addition to any number of representatives of both sides. The Union refused to agree to this proposal main- taining that there should not be more than one outside man on the Board, in accordance with all existing precedents. This difference caused a delay of several months, after which the Publishers' sub-committee finally agreed to withdraw their demand for three outside arbitrators and to proceed as formerly with the one disinterested chairman of the Arbitration Board. Following this, further efforts were made at conciliation without avail, during which time the Union representatives endeavored to bring about an agreement by specific mention of the points to be arbitrated. This the sub-committee of the Newspapers abso- lutely refused to do. Subsequently other disputes arose on the points to be arbi- trated, the Newspapers insisting that everything in general without specific designation be submitted and the Union con- tending that certain conditions that had always existed and which were provided for in the constitution and by-laws of the International Printing Pressmen and Assistants Union were not subject to arbitration. This last disagreement was finally over- come on January 3rd, 1922, by the Union's agreeing to withdraw its objections but reserving the right to bring this point of view to the attention of the Arbitration Board. The Union contends that the sub-committee of the News- papers purposely delayed negotiations and is making demands , for revolutionary changes in the established working conditions merely in an attempt to prevent the Union from securing the T)roposed increase in wages. Delay was considered advantageous 12 to the Newspapers because of the anticipated decrease in livini^ costs. The demand for a drastic revolutionary change in work- ing conditions was calculated to place the Union on the defpuiivc and detract from the merit of its demand for an increased wage scale. The latter move has been one of the favorite tactics of the repesentatives of the Newspapers in this city, in proof of which we quote from former arbitration proceedings as follows : 1. President Rouse, of Typographical Union No. 6, in the arbitration proceeding before John Mitchell, July, 1918. "But what is it the Publishers ask? "In these papers submitted to you, Mr. Arbitrator, we believe we have given conclusive evidence that the admission of any of the amendments of the Publishers, nearly all of them of a revolutionary character, would result in a decrease in wage and a most outrageous limi- tation of the hours of labor. "As intimated before, we don't believe the Pub- lishers are serious in this matter. "We believe the thought that actuated the offering of the amendments was the one expressed by a repre- sentative of the Publishers at a meeting of the Joint Conference Comrtiittee, to wit : 'If we have to go to arbi- tration, let's get all we can.' " 2. Statement of Mr. Polachek representing the Pub- lishers' Association in arbitration proceedings between the Typographical Union and the Publishers before Arbitrator, Mr. Frank Morrison, May, 1919. "Mr. Polachek — I will continue to read our brief: " 'The Publishers are not opposing the demand of the Typographical Union on any ground except that it is exorbitant and unwarranted either by business con- ditions confronting the Publishers or by the necessities confronting the Typographical Union members. ",'If the arbitrator feels that the members of the Typographical Union are entitled to any relief at all in the matter of wages, the Publishers would ask the arbi- trator to consider the necessity of the Publishers and give them some relief in working conditions which might, in a measure mitigate the charge against the Pub- lishers.' " THE ISSUES In this case diiiferences between the Union and the Pub- lishers which never have been submitted to arbitration are to 13 be presented to this Board for decision. The issues include most of the important conditions of employment which have been in effect and mutually agreed to year after year for the past thirty years. There has been no agreed statement of facts pre- pared for the information and convenience of the Arbitration Board, although the Union representatives proposed this course prior to the selection of the Chaiirman of the Board. The Union therefore, is in the position of not knowing definitely just what issues the Newspapers intend to submit to you for adjudication, and likewise are denied the opportunity of apprising the news- papers of the ones they themselves are going to raise. In view of the foregoing, the Union assumes that the main points to be presented to the Board by the Newspapers are, in addition to the wage question : 1. Regulation of the number of men to comprise the press crews of the various sizes and kinds of presses. Presumably: that the number of men now and for the past thirty years em- ployed to operate newspaper presses shall be reduced. 2. Regulation of the hours of iiight work. Presumably : that the number of hours of night Work be increased and fur- thermore that the pressmen be subject to call at any time during the night, instead of having his time restricted, as hitherto. 3. Changing the basis of computing the compensation for overtime work. Presumably: that overtime pay be computed in five to fifteen minute periods, instead of by the hours as at present. 4. Changing the meal time regulation. The existing con- dition is that the men are allowed a half hour for meals every five hours at the office expense, except on six hour shifts. 5. Transfer of men from one press to another. Heretofore this has been done only in the case of a breakdown of machinery or unusual conditions over which the Employers have no con- trol. I We are now ready to- proceed with the presentation of our case. The brief before you will cover only the wage question. Shop conditions we will treat of in a separate brief which we will introduce at a later session. We believe that by this pro- cedure the various issues will be better clarified than were ithey all treated of together. We do not, of course, maintain that the various points that will be taken up are in all respects inde- pendent of each other. In fact, much of what we are going to say here will have important bearing on shop conditions ; and much of the evidence we shall introduce on shop conditions will 14 throw light on the wage question. But as a matter of orderly arrangement, we feel that the course we are following is highly advisable and we are sure you will concur in this. BACKGROUND OF THE NEW YORK NEWS- PAPER INDUSTRY As an introduction to the points at issue, it may be helpful to touch upon the industrial background, and the general situa- tion of the two parties to the dispute. 1. SITUATION OF THE NEWSPAPER PUBLISHERS. A. Sources of Income The newspaper publishers are proprietors of great business enterprises which depend chiefly on advertising for their income. The advertising in turn arises from the industry and trade, and from the immense needs for goods and services, of the thousands of business establishments and millions of persons centering about this great world metropolis. In order to estimate the security and resources of the newspapers, therefore, we must look into their control of the advertising field, and into the mag- nitude of the field itself. B. Control of the New York Field The great daily newspapers, with one exception, depend for their popularity chiefly upon their ability to furnish news to the reader, news not only of local affairs, but of national and international importance. The news outside of the city a pub- lisher cannot secure in a satisfactory way without membership in the Associated Press, unless he is in a position to start a gigantic news service of his own. Membership in the Associated Press is not free and open to any applicant ; it cannot be obtained without the consent of the newspapers already in the field. This means, in practice, that no new memberships will be granted in Nejw York, and that the papers now in the field will continue to monopolize it. They are thus practically secure against new competition except from such few papers as may arise depending not on news, but on pictures or some other special features. They will continue to divide between them all the newspaper advertising done in New York. 15 Moreover, their business is almost noncompetitive with any- one outside of the city. In an ordinary industry, furnishing a commodity of nation-wide distribution, the manufacturers of one city come into active coriipetition with the manufacturers of another. Not so in the newspaper business. An advertiser •cannot choose, in an effort to reach the New York market, wiiether to buy space in a Boston paper or in a New York paper. He must choose the New York medium. In local advertising campaigns, therefore, the New York publisher will never meet the competition of the outside publisher. In national advertis- ing campaigns, however, he holds such a position that he can successfully compete against the out-of-town publisher. For it is unheard of to iindertake a national advertising campaign with- out depending largely on the New York papers, furthermore, the New York papers sell enormous quantities of syndicated serv- ices and sections to' papers outside the city. The position of^ New York as a metropolis gives its newspapers a unique posi- tion in general. The Editor and Publisher in an editorial note of Sept. 3, 1921, puts well the gigantic size of newspaper business. "That ours is a nation of daily newspaper readers is shown by the census figures of 1919, just published, which give the total circulations for that year as 11,270,559,316 copies, or 106.6 per capita. This is at the rate of 32,735,937 copies a day, That, we are a nation of newspaper advertisers is evident from the' value of the amount of advertising carried, $407,760,301. These figures give some idea of the newspaper business." That the newspapers have an advantage over other adver- tising mediums is shown by the fact that while during the recent industrial depression the advertising lineage in monthly and weekly periodicals fell off considerably, newspapers carried almost as much advertising as at the very peak of prosperity. We shall substantiate this statement in detail in a subsequent section. C. Magnitude of the New York Field The tremendous advertising field which exists in New York. City, and whic^^ these few newspapers control, can be best ex- pressed by quotations of a very: few sentences from an 80-page, illustrated booklet recently issued by the New York World en- titled, "A Key to the World's Greatest Market/' These sen- 16 tences show why advertisers choose the New York papers not merely to sell their goods to the inhabitants of the city, but to ^the nation as well. "Within a decade New York City will be the leading finan- cial center bf the world. The resources of New York's largest banks are now comparable to those of the Bank of England. The capital of the two largest combined, exceeds that of the Bank of England by $7,500,000, their deposits are $234,504,310.50 greater. Wall Street threatens the supremacy of Lombard and Fleet streets, London." "The greatness of New York's harbor, its immense foreign commerce, and its enviable situation with respect to the interior of the country, the President of New York's Merchants' Asso- ciation believes, are the cornerstones of New York's greatness. With a magnificent waterfront of some 800 miles and an inner water belt-line; linked to the Great Lakes by the Erie, Canal, and to New England by Long Island Sound, and to the rest of the country by a vast net-work of railroads, and without the necessity of crossing any mountain range. New York has physi- cal advantages that are unapproached by other world ports." "In 1917, exports passing out of New York's harbor had a greater value than the combined exports of Asia, Africa and Australia. The imports coming through its customs lines ex- ceeded in value those of the continents of South America, Africa and Australia together. "The port of New York now handles substantially half the foreign commerce of the United States." "New York City is the center of national finance. It has 20 per cent of the banking assets of the United States of America." "New York is the greatest industrial center of the country, if not the world. "On June 30, 1919, the State Industrial Commission reported a total of 46,887 factories in New York City, 32,323 in Manhat- tan, 10,496 in Brooklyn, 1,801 in Bronx, 1,962 in Queens, and . 305 in Richmond." "New York factories have an annual output of nearly two and one-half billions of dollars, one-tenth of that of the United States." "The New York Metropolitan District produced one-seventh of the nation's manufactured products in 1914, exceeding the products of the factories of the Southern States." 17 "Because it is not only the Metropolis of the East but of the whole United States, and financial and trade capital, New York City has a trading area correspondingly greater in size and importance than that of any smaller and less important American city." "Most of the great corporations in the country have offices in New York City." "New York sells to all America." "This is shown most conclusivefy by the great number of professional buyers that 'make' New York regularly from near and far. In addition, the hordes of daily, weekly or periodical shoppers who visit New York make the figures of the statis- ticians of other American cities shrink into insignificance." "295,814,352 persons were handled by railroads and ferries of New York City in 1920." "More than 500 conventions are held ih New York each year by business, fraternal, scientific and other organizations." "Last year, 100,000 professional buyers registered at New York hotels." "The total number of visitors has been variously estimated at from 100,000 to 600,000. It is safe to say that they number 200,000 per day (not including commuters)." "Within a single square mile are hotels enough to house and feed 50,000." "If the 200,000 who arrive each day, stay for a period of three and a half days, we have a total of 700,000 visitors in the city at all times. And the majority of them are liberal spenders. If each has a $50.00 bill in his pocket when he arrives, the poten- tial buying power represented is $10,000,000 per day." "In New York's fourteen colleges and universities are 78,5,61 under-graduate students. In twenty years, at the present rate of increase, New York's college students will number a quarter of a million." "New York is the headquarters and the producing center of the theatrical business of the United States." "In art. New York is America's Paris ; in music New York is Italy; in literature all the great cities of the Old World rolled into one." "New York has four great law schools and thirteen medical schools of prominence. There are thirty-three music schools, fifteen technical schools, seventy-seven preparatory and forty- 18 nine business schools, and Schools of Journalism, Theology and Fine and Applied Arts." "The very fact that New York leads the country in the ready-to-wear industry, which is the third largest in the United States, points to the tremendous importance of this city as a fashion center." "The New York Metropolitan District contains a million inhabitants more than Belgium and only 57,549 less than the Dominion of Canada." II. SITUATION OF THE UNION A. Unique Situation of the New York Pressmen. Like the newspapers for which they work, the men who run the presses occupy a Unique position. But since these men are wage-workers rather than profit-seekers, the situation which rebounds to the financial benefit of the Employers acts chiefly to increase their duties and responsibilities. To a newspaper, the time of production is a crucial factor. "First on the Street" is the aim of every publisher. Every increase in advertising space, therefore, and every increase in circulation, leads to the introduction of heavier, faster and more complicated machinery, and increases the responsibility demanded of, and the strain put upon the workman. Later, under our discussion of Shop Conditions, we shall give a more detailed description of these matters, but it is im- portant at the very beginning to have a general idea of the press- man's situation. The pressroom is usually located in a sub- cellar, where work must be done by artificial light. The ventila- tion is inadequate to carry off the dust caused by rapidly flying roils of paper, of the smells of ink and grease. The presses themselves are tremendously heavy and complicated pieces of machinery, operating at a high speed, and making a terrific jar and noise. The pressman occupies somewhat the same position as the engineer of a great steamship ; he must prepare the presses for their run. See that they are properly oiled, thread the great rolls of paper, and be constantly on the alert for anything which may go wrong during the run. The tension of the paper must be kept at exactly the proper point lest it break and jam the rollers. The slightest accident to the machinery while the press is operating at such high speed may put it out of commission 19 for some time, therefore it must be instantaneously stopped at the first sign of trouble. And the penalty for the smallest failure in alertness is likely to be the loss of life or limb to the pressman himself. All this work and responsibility is performed, not at leisure, but under the strain of the incessant demand for haste. In size of presses, in length of run, and in importance of speed, the New York newspapers naturally exceed those of any other city. THE COST OF LIVING INTRODUCTION An important, though by no means the only basis, for the Pressmen's request for an increase in their wage scale is the question of th* cost of living, and it is necessary, therefore, to discuss this matter in some detail. There are two different ap- proaches to this subject. One is from the point of view of the actual cost of living in dollars and cents according to a set standard ; the^ other from that of the change of the price level between certain dates without regard to any standard. In other words the first implies the question, "What quantity and quality of goods and services are needed to administer adequately to the needs of a given family, and what would be their cost for one year on the basis of today's prices?" The second implies the following: "How much money does a given family need today to enable it to buy the same quantity and quality of goods and services which it bought at some former time?" What these goods and services were at the former time does not enter into the scope of this question. The distinction is obvious, and it is important in these pro- ceedings as well as in all others in which a wage scale is being fixed. We shall try to convince you, Mr. Arbitrator, that the first approach is the proper one for you to take when considering our scale in relation to the cost of living. But also we expect to prove to you that we are entitled to the increase we are re- ' questing at your hands even considering solely the changes that have taken place in the retail price level from 1914 to date, ac- cepting our 1914 standard, wholly inadequate though it was, to satis- fy our legitimate needs and aspirations. 20 THE BUDGET FOR THE SKILLED WORKER I. THE STANDARD OF LIVING A. General Considerations Before the cost of living can be determined in terms of money, it is necessary first to define the standard of living in terms of commodities and services. Obviously, there are in- numerable standards, ranging from the level of the meagerest animal existence, to that of the highest luxury. In a scientific wage adjustment such as this, it is necessary first to settle upon the proper standard for the group under consideration. The Union is not seeking for its members any level approaching luxury, but, on the other hand, it strongly maintains that every consideration confirms its right to a level far above a mere ex- istence or even a minimum health and deceny level. As honor- able, useful, and important members of the community; as men of training, education, and skill ; and as essential workers^ in an essential industry, they seek a standard suitable to their position. In these proceedings, Web Pressmen's Union No. 25 is pre- senting a budget which ought to be brought within the reach of its members. It has given this standard the name "Minimum Budget for a Skilled Worker." It has defined the budget with absolute precision by listing' each commodity and each service which go to make up the whole, and also the quantity of each required for the commonly accepted standard family of five, during one year. Thus the Arbitrator and the employers as well have the opportunity to analyze this standard budget in its minutest detail. Web Pressmen's Union No. 25 is confident that the conservatism of its claim will remain unchallenged for it is striving for a level which is no more than consistent with the qualifications of its members and their importance both in the economic and social structure of the community. B. The "Budget for the Skilled Worker" The basis for the budget herewith presented is the "Mini- mum Quantity Budget Necessary to Maintain a Worker's Family of Five in 'Health .and Decency", published in the June, 1920 issue of the Monthly Labor Review. (See Exhibit 1). This, in turn, is but a modification, with only a few unimportant changes of another budgetary study made by the Bureau of Labor Statis- 21 tics in the summer of 1919 and published in the December, 1919, Monthly Labor Review under the caption "Tentative' Quantity- Cost Budget Necessary to Maintain Family of Five in Washing- ton, D. C." By examining the Washington budget we can learn v\rhat the Bureau of Labor Statistics considers a minimum of health and decency level. On pages 23 and 24 of the December, 1919, Monthly Labor Review appears the following : "Finally, after long consideration, it was decided to use as a working basis a budget level which can be best expressed per- haps by the phrase 'a standard of health and decency.' The phrase is not entirely precise in meaning. No phrase of the Icind can very well be wholly satisfactory. The budget here suggested is intended to' give to the average family, consisting of husband, wife, and three children below the age of 14 years : "1. A sufficiency of nourishing food for the maintenance of liealth, particularly the children's health ; "2. Housing in low-rent neighborhoods and within the smallest possible number of rooms consistent with decency, but with sufficient light, heat, and toilet facilities for the maintenance of health and decency; "3. The upkeep of household equipment, such as kitchen utensils, bedding, and linen, necessary for health, but with no provision for the purchase of additional furniture ; "4. Clothing sufficient for warmth, of a sufficiently good quantity to be economical, but with no further regard for ap- pearance and style than is necessary to permit the family mern- ters to appear in public and within their rather narrow social •circle without slovenliness or loss of self-respect. "5. A surplus over the above expenditures which would permit of only a minimum outlay for such necessary demands as: (a) Street car fares to and from work and necessary rides to stores and markets; (b) The keeping up of a modest amount of insurance; (c) Medical and dental care; (d) Contributions to churches and labor or beneficial organizations; (e) Simple amusements, such as the moving pictures once in a while, occa- sional street car rides for pleasure, some Christmas gifts for the children, etc.; (f) Daily newspaper." Obviously this provides for a very sparse level of life. The Bureau of Labor Statistics itself admits that it "represents a slightly higher level than that of subsistence." (M. L. R., 12-19, -D. 23). It goes even further than this in its criticism of this 22 ^ standard of living. On page 25 (op. cit.) it says: "It needs to be emphasized that the budget level adopted in the present study is in no way intended as an ideal budget. It was intended to establish a bottom level of health and decency below which a family cannot go without danger of physical and moral deterioration. This budget does not include many com- forts which should be included in a proper 'American standard of living.' Thus no provision is directly made for savings other than insurance, nor for vacations, nor for books and other educa- tional purposes. On the other hand, a family with the items listed in this budget should be able to maintain itself in health and modest comfort. It would have a sufficiency of food, re- spectable clothing, sanitary housing, and a minimum of the essential sundries'." The worker's budget — which as stated before — ^is virtually the same as the Washington budget discussed above — in spite of its many manifest deficiencies furnishes a fairly satisfactory starting point for the preparation of a minimum budget adequate for the needs and aspirations of a pressman and his family. It lists about 400 commodities and services all of which are required by every worker's family. By increasing the allowance provided for certain items, and by adding other items which are not in- cluded at all we can arrive at a reasonably satisfactory minimum budget to which the type of worker and citizen here under con- sideration is entitled. We shall now detail all the changes from and additions to the Government budget that we have made, together with the reasons which we feel justify such changes and additions. 1. Food The only additions to the food item were five important spices and condiments, including salt and mustard, which, however, add only $4.66 to the budget. Nothing less than an extensive dietary study would have been adequate to justify any changes in the -quantities allowed by the Government, and the Union, therefore, accepts this portion of the budget without further modification. 2. Clothing a. Husband Only one summer and one winter suit are allowed the husband every three years according to the Government budget. It is difficult to imagine how this can be considered adequate for respectability and decency even if the most scrupulous care is taken, especially considering the fact that no extra suit is allowed for Sunday, Holiday, and evening wear. The allow- ance for a summer suit, therefore, has been increased to one 23 every two years, as in "this climate more use in general, is made ■of a summer than of a winter suit. One winter overcoat every four years is all that the Gov- ernment budget allows the husband. Furthermore, no pro- vision at all is made for a raincoat or light weight coat. This obvious deficiency is remedied somewhat by providing^ for a new winter coat each three years and by adding a raincoat which can be used when a winter coat would not be serviceable. The Union budget allows three winter union suits instead 'Of two. The "dress shirt" allowance has been doubled from one to two. By "dress shirt" is meant a silk or inadras shirt with ■detachable collar suitable for evening or Sunday use. It would seem impossible to get along- with less than this amount, es- pecially considering the fact that provision is, made for only five work shirts. Ties are increased from two to four, and provision is made for a pair of bedroom slippers every three years: The Government allows but one pressing and cleaning of a suit per year. The absurdity of this is too self-evident to Tequire comment. In the Union budget a pressing and cleaning every three months is allowed. Finally a cheap watch every five years is included in the budget which the Union offers. Almost every worker carries a watch, and this article is virtually a necessity. b. Wife A new summer coat every three years is provided for the wife in the Union's budget. The only coat allowed by the Government is a winter one every three years, which certainly is inadequate both from the point of view of comfort and ■; appearance. The Government budget denies the wife every article of apparel not absolutely essential for health and decency. Few would deny, however, that a woman even in a worker's family is entitled to some few articles each year which serve to some extent as adornment. For this reason the Unioh'has added to its budget a cheap fur piece once in five years, a pair of kid gloves every other year, a silk dress once in, three years, a pair of dress slippers every other year and two pairs of silk stockings annually. House slippers and a bungalow aprbn, two articles neces- sary for the woman who wishes to preserve a neat appearance while in the midst of her household duties, were aflsO 'added. 'These items should really- be considered as economies in that 24 that they serve the purpose of saving the more expensive street and dress clothes. Two winter union suits are allowed instead of only one as. in the Government budget, and cleaning and pressing of a suit is provided for four times a year instead of only once. Finally the Union budget eliminates the making at home of any items, and provides for the purchase of all things ready made. It is believed that this will be considered a reasonable procedure by any arbitrator, when he considers all the other duties that fall upon the shoulders of the wife in a worker's, family. Certain items of the children's appard which the Government budget provides are to be made at home, are, similarly, computed as ready made in the Union's budget. c. Boy of 12. Only trifling changes have been made in the budget for the boy of 12. He is allowed two pairs of overalls instead of only one, for it was felt that ample provision of this all im- portant article for a growing boy would, in the long run, be rather an economy than an extravagance. He is furthermore,, allowed three winter union suits instead of only two, thus making a total of six per year. Finally, eight in place of six handkerchiefs per year are provided for. d. Girl of 6. No new articles are added to the budget for the girl of six, but in several cases larger replacement is provided for ia the Union than in the Government budget. The Govern- ment allowance for many items is so pitifully small as actually to be inconsistent with mere bodily cleanliness. For example, only one summer nightgown is allowed per year. This the Union budget has increased to two. The Union budget also provides for three sets of winter underwear instead of two; for two winter nightgowns instead of one, for two aprons instead of one, and for eight handkerchiefs in place of six. c. Boy of 2. The Union adds only one new article to the budget for the boy of two, namely, a pair of leggings every other year. This it considers a necessity. It increased the allowance, however, for certain other items, where the Government estimate is even more exaggeratedly inadequate than in the case of the other members of the family. The increases are as follows : Summer nightgown from 1 to 2 Winter undershirts " 2 to 3 Winter underdrawers " :.:......2 to 4 • Winter nightgown " -1 to 2 25 3. Household Equipment The following articles of household equipment have been added to the Union's budget : Furniture. Bookcase _ , 1 Reading Lamp...., .,. 1 Medicine chest -. 1 Mantle Clock '.... ,. 1„ 1 AlarnV clock 1 Prints, or photographs _ ,.:..? 3 J .Trash baskets _ ,, 2 Wash basket..- , ,. '. ..^.L..\ , Furnishings. Wash rags '. 10 ' Bath mat... _ L •......,..., 1 iPillOWs for settee : l..2'.}\ -::. 2' Curtains, net ;...;1..!..L :..L...l;:.:; '. :-lL 3^ Floor cloths ; .i:;„.A....;i 'j2}.l:...}:!fL.} 6' '"■■•■■■ - ■ . ■ - -) ,T.r. T5.'' * •; Utensils • - w u-y^' Carpet sweeper...;. ~... : 1 Scrubbing brush....-_:...i..............:......;. : ,., 1 Wire brush.. 1 Shoe brush '^il*. 1 Whisk broom and dust pan ,.l ..,.;:.. .i ......;?../ 1 , ,, (Note: It should be borne in mind' that the budget pro- vides only for a 7 per cent annual replacement on all household equipment). The Government budget makes no provision for any article other than those necessary for bare comfort and health. The Union claims the privilege of the worker to possess a few things which tend chiefly to beautify his home. Thus, provision has been made for such items as a mantle clock, a few colored prints or photo- graphs to cover the otherwise empty walls, and three pairs of net curtains for the windows. A few other articles, though serving the same purpose are really necessities as well, as for example, a bookcase and a reading lamp. The remainder of the items are pure necessities which should not be omitted from any proper budget. 4. Housing The Government housing allowance for a worker's family of five is five rooms and a bath. The apartments for which rent quotations were obtained for the purpose of this study averaged 26 5.06 rooms. This is for all practical purposes identical with the Government allowance, the slight increase being more than justified by the fact that the budget here presented is intended to provide a somewhat higher level of living than doe:s the Government budget. S. Miscellanequs To this division of the budget J;he Union has added several items which it feels should not be omitted from the .budget of a skilled worker's family. These additional items are listed below^ together with the amounts assigned to them: Education _ $ 52.00 , Books and pamphlets 15.00 Toys - 5.00 Allowance for presents 10.00 Allowance for contributions 12.00 Allowance for vacations _ 50.00 Savings _... _ _ :.. 104.00 Total - $248.00 Let us take up these items, one by one. The allowance for education does not cover the schooling of the children who are supposed to receive ample tuition free of cost at the public schools. It is supposed to permit of a slight amount of cultural education, above what can be obtained in school, for one of the children. One lesson a week for forty, weeks a year in such a subject as singing, music, or drawing would cost no less than $40.00. The remaining $12.00 would furnish the parents an opportunity to continue their education to some degree by attending a lecture course during the winter. In spite of the fact that the children get their school books free, and in spite of the fact that the library facilities in New York City are of a high order, a modest amount should be set aside in the budget for the purchase each year of a few good books. Fifteen dollars per year would provide for the purchase of six books at $2.00 and a few tracts and pamphlets besides. No argument seems necessary to justify the inclusion of a small amount for the purchase of toys for the children and $5.00 is such a small allowance that it is not necessary to defend this figure. Every year some occasions will arise which make the giving of presents a necessity. Christmas each year calls for some few gifts, 27 and weddings, birthdays and other celebrations can not be disre- garded if the family is to hold its head up among its neighbors. For this purpose, $10.00 per year does not seem too much. Besides this workers are frequently called upon to contribute to some cause or other. Their fellow workers in other industries call for their help during a strike. Destitution in the homes of their neighbors and friends demands assistance from them. Worthy causes throughout the world exact their support. Social, politicaif, and philanthropic institutions at home depend upon the workers' contributions as well as upon the rich men's. For all these pur- poses, $12.00 a year is scarcely adequate. $50 a year is allowed for vacations. This might provide for a few days at the sea shore each year ; or it tnigtt enable a sickly child to grow strong through a month's fresh air in the country ; or it might provide the husband with a short period of much needed Test from the stress and strain of daily labor. Finally, this budget provides for savings at the rate of $2.00 per week. This is the least a family should -lay aside to provide against the contingencies that can arise at any time — sickness, dis- ability, or unemployment. It is certainly to the enlightened self- interest of the community to provide its workers with sufficient income to live not only in health and decency and to enjoy some of the amenities of life, but also to enable them to lay aside something year by year so that come what may they can remain self-reliant and independent and not become charges upon charity. II. COST OF THE BUDGET FOR THE SKILLED WORKER A. The annual cost of the budget described above is $2,938.60. The accompanying 15 pages of blue print tables (Exhibit 2) list each item and the prices thereof which goes to make up this total. The following is a summary. Food Meats $138.27 Fish 21.91 Dairy products 169.09 Fats, etc. 1 7.75 Eggs 48.96 Cereals and their products 109.75 Sugars 22.81 28 Food (Continued) Fruits, fresh _ „ _ _._ 70.98 Fruits, dried _ 7.79 Fruits, canned 12.54 Vegetables, fresh _. _ 88.74 Vegetables, dried _ __ _ _ 4.78 Vegetables, canned 7.62 Miscellaneous _. 52.02 Total -...: _ _ $ 773.01 Clothing Husband _ _ _ _ _ $142.95 Wife 174.16 ,Boy of 12 _ 95.56 Girl of 6 85.15 Boy of 2 _ _ ; _... 57.59 Total ._ _ _ 555.41 Rent _.._ _..... 510.48 Light and Heat _ _._ 63.24 Household Equipment __ _ 71 .72 Miscellaneous _ _ 964.74 Grand total $2,938.60 (Note: These prices were obtained three months ago. At today's level the total might be slightly lower, due to a reported decrease in clothing, fuel and light, furniture and furnishings, and miscellaneous, in spite of the increase reported in food and housing. However, the variation would be so small as to make it scarcely worth while to re-price the budget.) B. Description of method used. 1. District covered. a. Food. All food prices were obtained in the Washington Heights district. This district was chosen because it contained the type of shops desirable for the purpose of this study — namely ones which were clean and in which could be found high grade foodstuffs and yet ones which did not cater to a fashionable, wealthy class of customers, and whose prices consequently were not high. b. Clothing and Household Equipment. Clothing and household equipment prices in part were obtained in the same district, but as it is customary for workers and their families frequently to make purchase of these classes of commodities in the larger downtown 29 stores, part of the price quotations were obtained from these sources. c. Housing. Rent quotations were secured from members of Typo- graphical Union No. 6. The members were chosen at random, and the quotations, therefore, represent all the working districts of greater New York, and some Jersey- districts as well. d. Light' and Heat. Figures for light and heat were gathered in the Wash- ington Heights district, which is representative for the entire city, on account of uniform rates. e. Miscellaneous. It is impossible to localize quotations for the niiscel- laneous items. They therefore, represent the entire city. (Note: The study was originally made for members of Typographical Union No. 6 in the book and job trade. As members of Pressthcn's Union No. 25 fall approximately in the same category, both in regard to skill and in regard to earning power, these figures are equally applicable to them.) 2. Number of Quotations Gathered. With a few exceptions, four quotations were obtained for each food and clothing item, two for each article of household equipment; and two for cleaning supplies and services, for light and heat 70, and for rent 284 quotations were obtained. 3. How the Prices Were Secured. Rent quotations were obtained by distributing about 500 questionnaires to the various Chapel Chairmen. These Chairmen, in turn, distributed them among the members of their Chapel. The distribution was made absolutely at random except that questionnaires were given only to men who were heads of families. Single men were eliminated as they, as a rule, live either at home with their parents or in a single furnished room. All other quotations were gathered by trained investi- gators of The Labor Bureau, Inc. These investigators went to the stores where workers of the type belonging to Typo- graphical Union No. 6 actually purchase their goods and obtained current prices directly from the storekeepers and salesmen. 4. Date of Study. AH prices were obtained between October 10th and 18th. When out-of-season foods had to be priced, it was neces- 30 sary to rely upon the memory of the person giving the in- formation as to what the last prevailing quotation was at the time these goods were in season. ^Otherwise, all quotations represent prices prevailing during the period specified. 5. Conservatism of Prices. Investigators were carefully instructed that in those cases where several prices obtained for a similar article — as, for example, a piece of clothing — always to reject the highest, and to bear constantly in mind that the budget was one that had been prepared for the use of families in mod- erate circumstances. Investigators were also instructed to examine as many commodities as possible so as to make sure that they were pricing things of the t)rpe that workers' families actually purchase. The source of each price quotation has been carefully noted and a complete record is on file at the office of The Labor Bureau, Inc., where it is available for checkirig by the Arbitrator or a representative of the Publishers. The XJfiion maintains that this is a scientific study and entirely free from bias. 6. Computation of Total. • The total was computed by averaging all the prices ob- tained for each item in the budget, multiplying each average thus obtained by the frequency assigned to it, and finally add- ing all these prpducts together. Sub-totals were calculated for the the various divisions and sub-divisions of the budget. All these arithmetical processes are clearly shown on the accompanying tables and are subject to chedc at every stage. III. WAGES OF PRESSMEN AND COST OF LIVING COM- PARED. A. Wage Scales 1914 to Date.* 1914 — Whole year _ $25.00 per week 1915_ " " _._ 25.00 " " 1916— " " 25.00 " 1917( — ^January to August, inclusive 25.00 " I — September to December, inclusive 27.00 " 1918) — ^January to August, inclusive 27.00 " ( — September to December, inclusive 33.00 " 1919|— January and February 33.00 ''^ I — ^March to December, inclusive 39.00 1920J— January and February 39.00 || ( — March to December, inclusive — 45.00 1921 —Whole year 45.00 " <*Note: Weekly scales of journeymen for day work. Night work, $1.00 more per week. Pressmen-in-charge receive $1.00 per day (or night) above scale.) 31 B. Annual Earnings, 1914 to Date. Unfortunately, there are no exact records of the amount of time lost by newspaper pressmen. If, however, we assume that 50 weeks is all that the average pressman — taking into con- sideration the substitute whose employment is highly spasmodic" — can expect to work in a normal year, we are surely erring- in favor of the Publishers. This figure takes into account un- employment from all causes — holidays, vacations, strikes,, lockouts, lack of work, sickness, and accidents. Using this figure as a constant, the annual earnings for pressmen for 1914 to 1921, inclusive, are shown in the following table. When the wage scale changes during the calendar year, the two weeks of unemployment, are prorated between the two rates. 1914 ....-^1,250.00 1915 1,250.00 1916 1,250.00 1917 1,283.34 1918 1,450.00 1919 1,900.00 1920 2,200.00 ^ 1921 2,250.00 C. The Cost of the "Budget for a Skilled Worker" 1914 to Date. As shown in Section II, Paragraph A. the annual cost of the "Budget for a Skilled Worker" based on prices pertaining during the last two weeks in October was $2,938.60. Using the Bureau of Labor Statistics' estimate of the increase in the cost of living we can work the result of the original study bade and discover what this same budget would have cost at various; times between 1914 and the present. The latest figure published", by the Bureau is for September, 1921, and whereas this does, not coincide exactly with the date of the Union's study r it is close enough to be satisfactory for this purpose, especially in view of the fact that prices fluctuated only slightly between September and October. The Union does not accept the Bureau's cost of living figures in their entirety, for reasons which will be set forth later, but for this purpose they will do so to prove that the members of Web Pressmen's Union No. 25 have never received compensation adequate to their needs. The following tables show the Bureau of Labor Statistics' estimate of the increase in the cost of living over 1914 at various dates together with the cost of a skilled worker's budget at those same dates. 32 Date December December December December December June December June December May September 1914... 1915... 1916.. 1917... 1918.. 1919... 1919.. Increase in Cost Cost of Living . 2.0% . 14.9% . 44.7% . 77.3% . 79.2% .105.8% 1920 119.2% 1920 101.4% 1921 81.7% 1921_ 79.7% Cost of "Budget for a Skilled Worker." $1,635.28 1,667.99 1,878.94 2,366.25 2,899.35 2,930.42 3,332.70 3,584.53 3,293.48 2,971.30 2,938.60 The above table shows what the actual cost of the budget would have been for one year at eleven specific dates based on the increase in the cost of living at those dates. Our next problem is to discover what the cost of the budget would have been for each calendar year from 1914 to 1921, inclusive, so that we can make an equitable comparison between the cost of living and the annual earnings of pressmen. Lacking specific data, we can only approximate these figures by considering the cost of living for the year as the average of the figures for the beginning and end of the year; and in those cases where there are one or more intervening figures to consider those in the computation. Of course, this is a very rough method but it is free from bias, and is sufficiently accurate to demonstrate what the Union is trying to prove, namely, that its members do not now, and never did get enough pay to enable them to live in accordance with a decent standard of life. The following table shows the cost of the budget for each calendar year : ..$1,635.28 ... 1,651.64 .. 1,773.47 1914 .._ 1915 - 1916 1917 2,122.60 1918 - .2,632.80 1919 - 3,054.16 1920 3,403.56 1921 3,097.35 D. Comparison Between Cost of Living and Earnings, 1914 to Date. The following table compares the cost of living and the annual earnings of pressmen, 1914 to date, and the chart on the opposite page shows the result in graphic form. 33 A/^NUAL £a/?WA/6S of P/?£5SM£N Compared mm Cost ofS/t/ued IVorker^s auoesr /9/4-/92/ ^/fJM Sf, //.SOO ^yaoo /r« 3 Coi/af/fx 'Bu The price today is $125. But the United States Labor Bureau in a bulletin pub- lished in all daily newspapers, yesterday, announces that rents in New York City have risen only 44 per cent, since 1914. That is to say: Twenty-dollar houses have gone to $28.80. Thirty-five-dollar houses to $48.20. Fifty-dollar houses to $72. One hundred-dollar houses to $144. Curious Things. This department, therefore, has again put into the hands of the landlord interests of New York a weapon which will be used industriously to prove that rents have not soared as recklessly as the alarmists have claimed, and that the so-called emergency rent laws are based upon an emergency that does not exist. The landlords, when fighting against a re-enactment of the rent law in Albany, will be able to "prove" some further curious things by this remarkable report. They will be able to show: That rents have risen less than any other item in the living budget. That New York enjoys more reasonable rentals than any other large city, save Indianapolis, San Francisco and Cleve- land. That rents have advanced 47 per cent in Philadelphia, 80 per cent in Denver, 86 per cent in Los Angeles, 66.2 per cent in Kansas City, 89 per cent in Washington, D. C, 99.9 per cent in Detroit, 86 per cent in Chicago, 101.6 per cent in Baltimore, 102.4 per cent in Buffalo, and 118.8 per cent in Boston. Last February I protested to the Department against a bulletin issued then claiming rentals had increased 38 per cent in this city. Mr. Ethelbert Stewart, of the Bureau of Labor Statistics then informed me that its information was taken from the books of real estate dealers and covered about 600 dwellings. 46 Nearer 100 Per Cent. I then asked him to furnish me with more specific data as to the precise houses canvassed, undertaking, "to demon- strate beyond all question that the figure 38 per cent was far too low and that it is nearer 100 per cent." The reply to this was that more specific information was not available. Later the department raised its figure to 42 per cent and now to 44 per cent. The truth about the matter is that rents have advanced here not 44 per cent but more than 75 per cent and that the figure is probably nearer 100 per cent. A survey now being made by The Globe covering this question as well as other vital elements in the city's housing problem shows the Depart- ment of Labor to be far astray in its estimate. And while The Globe's investigation is not complete, this f^se and damaging bulletin should not be permitted to go unchallenged. The old want ad. with all the sad memories it excites of the departed days "befo' the war," is not an isolated in- stance, but is just one of several hundred in the possession of The Globe. Unreliable Information. Fixing the precise percentage of rent increases in this city is made difficult by the unreliable character of the in- formation available as to what rents were in 1914. It is simple enough to find out what an apartment rents for today. But it is by no means so easy to ascertain what it rented for in 1914. The present tenant, in most instances, did not occupy the place then, or if he did, is a bit uncertain about the figure. The janitor is a new-comer or is hazy about the old rentals. The owner and the agent are usually unreliable and can be depended on to pad the figures. The Globe, however, has obtained trustworthy figures on the 1914 rentals and at the proper time, when its survey is completed, will undertake to supply a rehable estimate of rent raises in the metropolis. In the meantime, however, some notion of the extent to which the Department of Labor has erred in its figures may be gathered from the following instances. They are not selected as extreme, but are merely the first dozen on the hst. Jumps $2,100. 1. An apartment with eight rooms and two baths in the Cliffden, 264 Riverside Drive, now rents for $4,000. Here is an ad taken from the Times of May 1, 1914: 47 APARTMENTS TO SUBLET— In the Cliffden, 264 Riverside Drive, on the eighth floor; 8 rooms, 2 baths, 3 rooms facing river; fine view, fine air. Lease to Oct. 1, 1915. Possession, June 1, or sooner. Rental $1,900. 2. Here is another from the Times, May 17, 1914: 20TH, 422 WEST— Beautiful neighborhood, five large rooms, bath, steam ; $36. The rental today is $75. 3. Here is another from the Times, May 24, 1914 : CLAREMONT HALL 601 West 112th St. — Apartments, 5 to 7 rooms; pas- senger elevator, etc. ; rent $540 to $1,100. Today the rentals are from $1,500 to $2,200 a year. Instances like this can be multiplied indefinitely, but the result would be the same. 6. Questionnaires filled out by 286 members of Typographical Union No. 6 show that rents of pembers of this organization increased from $21.89 per month in October, 1914, to $42.54 in the same month in 1921. This represents an increase of 94.3 per cent. Of this increase 17.2 per cent took place be- tween October, 1920, and October, 1921. (These Question- naires will be submitted for examination upon request.) Averaging the six estimates listed above, we get a figure of 87.3 as the percentage increase between 1914 and 1921, and even this seems conservative in the light of common ex- perience. SUMMARY OF COST OF LIVING ARGUMENT. I. The Cost of Living Is an Important, Though by No Means the Only Factor Controlling Wages. II. At Today's Prices It Requires About $2,900 to Maintain an Adequate Standard of Living. A. This figure was obtained by pricing the articles listed in the Bureau of Labor Statistics' "Minimum Quantity Budgeti Necessary to Maintain a Worker's Family of Five in Health and Decency." This budget was modified to suit the needs of the highest type of skilled worker by increasing some of the quantities allowed by the Government and by the addition of some new items, deemed to be essential, such as allowance for savings and vacations. 48 B. The pressmen need a weekly wage of $62.00 to meet this budget, but are asking only $55.00. III. The Union Maintains that Mere Changes in the Cost of Living Since 1914 or Any Other Date Should Not Be Con- sidered in this Adjustment. A. Because wages were not adequate to meet the cost of living at the base period. B. Because the principle of adjusting wages in accordance with changes in the cost of living implies a static instead of a continuously improving condition of society. C. Because the Publishers owe each pressman about $6,500 on account of inadequate wages since 1914. IV. But Even on the Basis of Changes in the Cost of Living, Newspaper Pressmen are entitled to an Increase at this Time. A. Pressmen's wage increases have lagged behind cost of living increases throughout almost the entire period from 1914 to the present time. 1. Their wages followed and never preceded cost of living changes. 2. Their wage increases were less than the rise in retail prices, as announced by the Bureau of Labor Statistics at various times. B. Pressmen have not been able to maintain even the meagre standard they enjoyed in 1914. 1. On the basis of the most conservative figure, each pressman would have needed about $1,427 more during the past eight )^ears to maintain this standard. V. The Rent Factor in New York City. A. The pressmen have suffered on account of an inaccuracy of the Government's figure on rent increase in New York. 1. The Government's estimate of the increase since 1914 is about 46 per cent. 2. Six reliable studies indicate that the increase has been about 87 per cent. B. Just how much this error has cost the pressmen cannot be computed, but it undoubtedly has tended to keep wages down. 49 VI. Conclusion. A. On the basis of the cost of living, from any and every approach, pressmen are entitled to the $10.00 increase they are requesting. COMPARATIVE WAGES. I. The Union's Position in Regard to Wages of Other Skilled Workers in a Newspaper Plant. A. Web Pressmen's Union No 25 will not engage in a con- troversy as to the comparative skill of its members and other newspaper employees. Nor will it raise the issue as to which craft makes the greatest contribution to the finished product. In another section we will tell you something of the training required to be- come a pressman and of the skill and responsibility called for from the journeyman. We are confident that the Publishers them- selves will admit at least this — that no craft ranks above us either in skill or in importance. We are not jealous of the better fortune that has attended our fellow workers in the newspaper plant. We do not feel that we are any the worse off by virtue of their higher scales. But we are at a loss to understand why the pressman should have lost ground in the race for adequate pay to two of the other three skilled crafts in the industry — a race that has been a losing one for all concerned but a disastrous one for us. We do not understand why nearly all the differentials have changed from where they stood ia 1914. II. Wage Scales of Various Crafts 1914 and 1921. A. The following tables show at a glance the scales of the various skilled newspaper crafts in New York City. Day Workers Weekly Scale Weekly Scale Craft— 1914 1922 Increase Photo-Engravers $28.00 $55.00 $2700 Compositors 30.00 55.00 25 00 Stereotypers 30.00 50.00 20 00 Pressmen 25.00 45.00 20 00 Pressmen-in-charge 31.00 51.00 20.00 50 Night Workers Weekly Scale Weekly Scale Craft— 1914 1922 Increase Fhoto-Engravers .$31.00 $60.00 $29.00 Compositors _, 33.00 58.00 25.00 Compositors (3rd shift) ._ 36.00 61.00 25.00 Stereotypers __ 30.00 50.00 20.00 Pressmen „ 26.00 46.00 20.00 Pressmen-in-charge 32.00 52.00 20.00 B. In connection with the above, we beg to call your atten- tion to the following facts. 1. Pressmen and pressmen-in-charge (day workers) received a $7.00 smaller increase than the photo-engravers, a $5.00 smaller increase than the compositors, and the same increase as the stereotypers. 2. Photo-engravers (day shift) have been granted a reduction of one hour per week since 1914. The pressmen's hours of labor are the same as in 1914. 3. Pressmen and pressmen-in-charge (night workers) received a $9.00 smaller increase than the photo-engravers, a $5.00 smaller increase than compositors (both shifts), and the same increase as the stereotypers. 4. Photo-engravers (night shift) have been granted a reduc- tion of two hours per week since 1914. The pressmen's hours of labor are the same as in 1914. 5. We also wish to call your attention to the fact that compositors receive $3.00 above tiie scale for night work, and $6.00 above for the midnight, or so-called "lobster" shift. Pressmen, on the other hand, receive only $1.00 above their scale for night work. III. Conclusion. It seems to be an inevitable conclusion that on the basis of •comparative wages alone pressmen are entitled to an increase of from $5.00 to $9.00 at this time. TRAINING AND SKILL OF THE PRESSMAN. I. Introduction. It is pertinent at this point, Mr. Arbitrator, to give you a picture of the pressmen's work so that you may realize the type of industrial worker with which these proceedings are concerned — the skill which he is called upon to display; the responsibility for 51 life and property that reposes upon his shoulders ; the long years of arduous training and apprentiqeship he must pass through before he can become a journeyman and reap the magnificent reward which the Publishers bestow upon him— $45.00 per week. We know that our words cannot adequately portray what it means to be a pressman. Therefore, we make this request of you. If in the midst of your many duties you can spare a few hours, let us introduce you to the pressman at his work. Let us take you into a modern newspaper pressroom so that you may see with your own eyes and understand just what work this pressman does ; so that you may hear the sounds he hears ; breathe the air he breathes; smell the odors he smells; touch what he touches. Meanwhile we shall do what we can to make the situation clear to you. II. Training. ^ A. It takes at least a five years' apprenticeship to become a web pressman. This period is specified in the Constitution and By-Laws of the I. P. P. and A. U. But as a matter of fact the term of training is longer. Questionnaires were distributed among the journeymen with the view oi determining how long on the average, they had worked as juniors before becoming journeymen, The 248 who answered the question showed an average length of service of 6.92 years. , , ( Note : These questionnaires will be submitted in evidence if desired.) III. Skill. A. The Industrial Education Survey of the City of New York. The following quotations are from the Report of the Com- mittee Authorized by the Board of Estimate and Apportionment to make a survey of industrial conditions in New York City. "In the newspaper offices the conditions of employment are somewhat different from those found in commercial shopsi Here the types of presses are uniform in each office. The work is heavy and the demand that editions be out on the street as quickly as possible necessitates constant hustle and rush and requires the pressroom worker to be quick and strong. "The pressman in charge must thoroughly, understand the machine he has in his care; he must be alert and a quick thinker, able to detect and remedy trouble instantly. 52 "Some presses have what is called a fudge cylinder; it is a separate unit in itself used to print the summary of a story, or baseball scores, three or four minutes after the story is received at the office. One New York office makes it a prac- tice to sell an edition with the full score of the game to the fans coming out of the Polo Grounds who have just witnessed the game. "The presses in the newspaper offices are the largest built, consisting of thousands of parts and costing thousands of dol- lars, and it is consequently very essential that the pressman in charge be a very competent mechanic. "The steady force in a newspaper shop is limited to the number of positions required- for the smallest sized sheet. There are extra journeymen and flyboys, known as 'subs/ who report daily at the office, and if the size of the paper to be published that day necessitates extra men, or subs, they are put on for the day. Some of these subs report at one office for years before they are classed as steady men. They are hired according to a priority list established in each office. Usually as high as 30 per cent of the force of a news- paper office are on the sub list. "The pressman puts rollers into the press and removes them; puts blankets and muslins on the impression cylinders or covers impression cylinder with pressboards, hangers and top sheets and puts plates on the plate cylinders. He under- lays plates. He gets rolls of paper ready for the press, keeps press supplied with paper and removes empty paper cores. He cleans and oils rollers and press, fills fountains, leads sheets through the press, patches and keeps fold of the sheet even. He runs the brake and tensions. "He should know the names of the different parts of the press. The rollers are of different sizes and he should know how to put them in their respective places. He should know how to dress cylinders and how to keep them smooth and even. He should know the imposition of the plates so as to to get them on in their right places, and in putting plates on cyhn- der he should be careful not to spring them. He should know how to underlay plates and to patch up sheets marked out by the press- man in charge, and how to lock rolls of paper on the spindles, so they will not work loose when the press is running. He should know the leads of the different sheets through the press, for if the 'lead-up' is wrong the sheets will be out of register, and conse- quently be spoiled. "He oils the press and what has been said about oiling for a cylindei" feeder applies here. He should have a knowledge of the folder, as he has to keep the fold of the sheets straight and even. 53 He should know how to carry an even tension, as the register and folds of the sheet, as well as a clean cut, depend upon this adjust- ment. The tension is adjusted by means of blocks and a screw cov- ering the spindle head, and more tension is applied by turning the screw -vyhich tightens the block. He must adjust the spring rollers, when a change is made from a full to a ^ or J^ roll. To do this properly, some knowledge of the composition of forces is desirable. He should understand the operation of the rheostat controlling the motor for starting and stopping the press." B. Testimony of Publishers. 1. Mr.' Louis Willy, representing the New York Times in an arbitration case held May 4, 1911, to determine the status of a pressman discharged for alleged drunkenness, had the fol- lowing to say about the pressman's work: "A pressman in a metropolitan newspaper office holds a responsible position. Valuable property is entrusted to his care. The safety and lives of his iellow workmen are de- pendent on his unerring judgment and unfaltering nerve at times when the fraction of a second marks the line! between safety and danger to the limbs of himself or the lives of other workmen. "The responsibility of a locomotive engineer is no greater except that a greater number of lives is at times entrusted to his keeping. "The pressroom of a modern newspaper with its ponder- ous high-speed machinery is no place for the mental, moral or physical misfit." 2. In a wage arbitration case between the Publishers and the Paper Handlers Union in 1918 the following appears in the brief of the Publishers: "Compare this wage (Paper Handlers' Union) with that paid for the semi-skilled trade of the Mailers' Union and for the highly skilled trade of the Photo-engravers' Union and the Pressmen's Union." C. Other Testimony. John A. Graham in his "Guides to Printer and Employer" «mphasizes the skill of the pressman in the following statement: "Much of the dignity and beauty of printing depends upon press work. Good press work is essential to the repu- tation of every printer. Artistic composition, good and well chosen paper and good ink are essential elements, but if the press work is not high class they are eclipsed, shrouded and almost of no consequence. Good press work will go far 54 - " ! u ^^H s ..M BP H s M u &M O » >^ EC ^ H tu it. !^ c «4-< • *4 o CO to Mac >. S"i Ui o K •*-> Cu en g S CtJ s 2 ' o u &a «+-) s "O t- o 3 O u a •0) 55 u & lU >, a •0 HI o 3 •0 u a toward redeeming indifferent composition, poor paper and ink, but good composition, paper and ink can never redeem poor press work." INCREASED PRODUCTIVITY OF PRESSROOMS While the number of men to a press has not been changed in many years, the productivity of the presses and their operatives has increased considerably. This is due to the installation of new presses running at higher speeds, and to the longer runs due to larger circulation. Therefore the per capita product of each man has increased, and the Publishers have been receiving more value for each dollar paid in wages. At the same time, the operatives have been giving greater service due to the increased strain which is caused by higher speed, the more complicated machinery, and the longer runs. An example is that ^of the Brooklyn Daily Eagle, where in 1922 three presses turned out a circulation a third larger than the circulation printed in 1914 by the same number of presses, the number of operatives increasing in these years only from 26 to 27 — by addition of one junior. Two of these three presses are new machines capable of turning out double as much as the presses they replaced. Another example is that of the New York Tribune. Accord- ing to the Editor and Publisher of Dec. 17, 1921, the Tribune plant that in 1914 was turning out the equivalent of 90,000 eight- page papers daily, was in 1920 producing 150,000 papers daily of as many as twenty-four pages week-days equivalent to 450,000 eight-page papers. In 1914 this plant had 15 men; in 1920 the force had been increased only to 21 men. Thus 400 per cent, larger circulation was produced by a force only 50 per cent, larger than before. This sort of thing has occurred in almost every newspaper pressroom. We quote a section from The Industrial Education Survey of the Board of Estimate in 1918 : "Speed of Presses Continues to Increase "Manufacturers continue to make improvements upon presses which, from a mechanical viewpoint, seem already perfect. The demand for greater production and finer kinds of work constantly stimulates the effort towards improvement. Machines which are 57 popular today may be obsolete ten years from now. The crying demand is for speed. The class of work which is bemg done today seemed almost impossible a few years ago. For example, one press has been developed which prints four colors, usmg four plate cylinders and only one impression cylinder. "The rotary web perfecting presses are constantly gaining in favor. They are turning out a high grade of work at far greater speed than the cylinder presses and most of the magazine and book work of the city is being printed upon them. It is only a question of time, in the judgment of the printing authorities consulted, when the web presses will be used for much of the work now accom- plished by cylinder presses. "The largest press built is a double octuple press, having eight pairs of cylinders. The press consists of two separate octuple presses that can be coupled together, if the size of the sheet to be produced requires it. The builders of this press claim it can run 32-page papers at the rate of 75,000 per hour. "The press that has been most successful as a producer, in the newspaper pressrooms of New York, is one consisting of three pair of cylinders, known' as a sextuple press. It is fed by three rolls of paper, each four newspaper pages wide. This press pro- duces 96,000 12-page papers, or 48,000 24-page papers, per hour. Before 1917 the highest production ever attained by any press of the same number of cylinders was 70,000 12-page papers, or 35,000 24-page papers. "One trouble the press builders are beginning to meet is due to the great speed at which the presses are being run. The compo- sition of which the rollers are made does not always stand the considerable centrifugal force to which they are subjected, and pieces of roller composition become detached and fly off as the press is running. It will be interesting to know just when, and at what rate of speed, the press builders will declare they have reached a point of maximum efficiency. "The machine and automatic devices now being introduced are far more complicated, and require more delicate handling and ■adjustment than those of the past. This necessitates more highly trained pressmen, in fact, calls for a trained mechanic, competent to deal intelligently with the complicated and costlv machinery placed in his care." INDUSTRIAL ACCIDENTS AND DISEASES -•■ I. Survey of Pressroom Conditions. A. The Union has been fortunate in securing the services of Dr. Louis I. Harris to make a thorough survey of the pressrooms 58 of the New York dailies. Dr. Harris is connected with the De- partment of Health in this city and needs no further introduction. His report, which will be presented in due course, will cover, in general, the dangers of accident and disease which our members encoimter by virtue of their work in and about the pressroom. It is, therefore, unnecessary to discuss these matters at any length in the main body of this brief. There are, however, a few things which we would like to call to the Arbitrator's attention at this point. II. Multiplicity of Hazards. A. We shall list some of the most pronounced hazards which beset the pressman in his daily tasks. Dr. Harris' report will dilate upon them, and the visit which you, Mr. Arbitrator will, we hope, make to the pressrooms will reveal the truth of our assertions, as far as a single observation can reveal it. 1. Bodily mutilation. Work about the giant high-speed presses constitutes a con- tinual danger of serious physical injury, particularly to the hands and arms. During certain operations a pressman is at all times within a fraction of an inch of having his fingers in the press. 2. Tuberculosis. This disease, as is generally known, is very prevalent among certain classes of newspaper employees. The following quotation is taken from the records of the Medico Actuarial Mortality Investigation — Vol. III. Effect of Occupation on Mortality — Compiled and published by the Association of Life Insurance Medical Directors and the Actuarial Society of America, New York, 1913 — ^p. 24: "The death rate from tuberculosis in both classes" (i.e. journeymen compositors and journeymen pressmen) "was about 50% above the normal, with a greater excess at the young than at the old ages at entry. The result is confirmed by the United States mortality statistics, 1909, on printers, lithographers and pressmen, and also by the Prudential experi- ence." 3. Poison. Workers in a newspaper plant come into constant contact with dangerous poisons. The following all may occur in printing establishments, according to Harry E. Mock in his book "Industrial Medicine and Surgery" (p. 305). Acrolein, Antimony, Benzoin, Lead, Carbon Monoxide, Arsenic, Menthyl alcohol. 59 4. Nerve strain. Intense work at high pressure of speed and attention has a wearing effect upon the nervous system of pressmen. Added to this is the strain upon the optic nerve, due to poor lighting and the necessity of continuous concentration of vision, and an even greater strain on the auditory system, as a result of the steady roar of the presses. The following article on the malign influence of noise on workers appeared in the "World," January 5, 1922: "Noise is a serious evil in industrial communities," says the Lancet (London), commenting on the anti-noise campaign just launched by Prof. H. J. Spooner in England. "Continu- ous exposure to loud noises may lead to a sense of weariness that impairs working capacity more quickly than does severe muscular fatigue. It thus tends to lower output and so to raise the cost of production. From the economical point of view noise may therefore be regarded as exercising the same malign influence upon production as inefficient management, poor light, bad ventilation or excessively long hours. "The fact is that while noise may be tolerated, if not ignored, by healthy people at their best, the majority are not in a condition of bodily and nervous' health to resist the irri- .tation and consequent weariness induced by a long continu- ance of loud noises. It is not only the naturally hypersensitive Carlyles who suffer, for few long-distance travellers by rail are altogether exempt from fatigue. "Over and above the effect of noise upon the general nervous system, there is the deleterious influence exerted directly upon the hearing organ of workers in noisy occupa- tions." 5. Lack of proper sanitation. Inadequate toilet and washing facilities in most of the newspaper establishments constitutes a source for the spread of contagious and infectious diseases, and increases the press- man's qjiance of falling a victim to one or more of the poisons listed above. €. Dampness and draft. The conditions of dampness and draft surround every pressroom. Rheumatism, colds, etc. are the concomitant re- sults. III. Percentage of Accidents. A. In the endeavor to discover the percentage of pressmen -who have suffered accidents as a resuh of their. work, the Union 60 issued a questionnaire which aimed at bringing out this informa- tion. These questionnaires will be submitted upon request. 1. 264 men answered the questions. 2. 66 reported no accidents. 3. 198 reported accidents. 4. The percentage of those reporting accidents is 75. B. The following is a rough classification of the accidents according to their nature: Loss of hand — 2 cases. Loss of fingers or toes — ^22 cases, ranging from part of one finger, to all the fingers and thumb of right hand. Broken bones — 34 cases, including leg, arm, collar-bone, ribs, toes, fingers, wrist, ankle, hand, foot. Sprains — 7 cases, including back, ankle, arm, spine. Crushing — 29 cases, including crushed hands, feet, ankle, fingers, toes, leg, head. ■Cuts and bruises — 49 cases. Blood poisoning — fingers, hand, elbow; 12 cases general; metal poisoning, 4 cases; ink poisoning, 1 case. Injuries, not defined — 89 cases, including ihand, foot, knee, elbow, leg, arm, rib, shoulder, spine, face, head, finger, toe, eyeball. Others — Hernia 5, Double Hernia 1, Rupture 5, Double Rupture 2, Erysipelas 1, Contusions of kidneys 1, Fallen arches 1, Lost sight of one eye 1, Weakened eyesight 1, (yoke fell on head). (The obvious discrepancy in figures is due to the fact that some individuals reported more than one accident.) IV. Prevalence of Disease. A. The same questionnaire asked this question: "Have you contracted any disease which you consider the direct result of your condition of employment?" Too much weight, of course, should not be given to the answers to this question. In the first place, because it is frequently difficult to trace the cause of a disease; in the second place, because pressmen, as all workers, are loath to consult physicians except when absolutely necessary, partly on account of financial reasons and partly on account of ignorance, and it is certain, therefore, that many of them today are suffering from some malady which they know nothing of; thirdly, because many 61 of the men are quite naturally reticent to report their diseases, es- pecially certain ones, which accounts for the fact that not a singly pressman acknowledged that he was suffering from tuberculosis, although it is known that this disease is very prevalent throughout printing establishments. We offer the figures for what they are worth: 1. 238 answered the question. 2. 183 reported no disease. 3. 55 reported diseases. 4. The percentage of those reporting diseases due to the condi- tion of their employment is 23.1. B. A brief classification of the nature of the diseases follows i Pneumonia 1, Colds and Cough 5, Chronic Laryngitis 1, OiTonic Bronchitis 1, Calt^rrh 1, '''Lung Trouble" 1, "Breathing difficulty" 2, (1 case due to accident )._„Total 12 Stomach trouble 6, Gastritis 3, Indigestion 5, Catarrh of the Stomach 1, (attributed to irregular meal hours).. ....Total IS Hernia 2, Rupture 1, Double Rupture 1 Total + Rheumatism 6, Sciatic Rheumatism 1 Total 7 Neuritis 1, Nervousness 4, Nervous Breakdown 3 _T6tal 8 Insomnia 4, Fallen Arches 1, Body Rash 1, Erysipelas 1, Cold in the Kidneys 1 ^ Total & Bad hearing — 1 Defective eyesight 8- 63. (Discrepancy in figures due to facfl that some individuals reported more than one disease.) V. Relative Hazard. A. It is interesting to compare the effect of occupation on mortality in the case of pressmen and of other crafts commonly known as more or less hazardous occupations. The following is a list of occupations which prove to be less hazardous than the press- man's, according to the Medico Actuarial Investigation (1913) referred to in a previous section of this brief. The figures repre- sent the ratio of the actual death rates of the occupation to the expected death rate of the entire population of like age and sex: Pressmen, Journeymen 117 Smelter Workers 114 Woolen Mill Operatives (male) 113 Painters (house). Journeymen lit 62 Stationary Firemen 110 Bricklayers _ 108 Cotton Factory Operatives _ 108 Chauffeurs (non-racing) 108 Lumbermen „ » _ _. 106 Millers, Journeymen — _ 106 Electrical Engineers handling live wires _ 105 Compositors, Journeymen _ 102 Paper and Pulp Mill Operatives (male) 101 Shoe Manufacture Operatives (male) — 101 Burnishers, Buffers, Finishers and Polishers of Metal 101 Plumbers and Steamfitters, Journeymen _ __ 99 Tailors, Journeymen _ 99 Bakers, Journeymen _ _ ..._ _ _. 98 Butchers (Retail) _ _ 96 Tanners, Journeymen _ _ _ 83 Inshore Fishermen - 73 Drillers, Pumpmen and Gangers — Oil Fields 71 GENERAL ECONOMIC CONDITIONS I. Introduction. Before discussing the economic conditions of the newspapers themselves, it will be well to consider briefly the financial and eco- nomic status of industry in general. The press, of course, is bound to reflect to some extent business conditions in every field of eco- nomic activity. When business is depressed advertising lineage will have a tendency to fall off; during times of activity it will increase. It should be borne in mind, however, that the news- papers have been particularly fortunate during the recent depres- sion by virtue of the fact that overstocked merchants have had to have recourse to newspaper advertising to reach the buying public, and have turned away, to some extent, from the weekly and monthly periodicals and other forms of advertising mediums. The follow- ing quotations are to the point : "It is significant that while the tendency of magazine advertis- ing rates is downward the tendency of newspaper advertising is upward. The newspaper's loss in volume of advertising has been comparatively small while revenues have remained about the same tecause of the increases in rates made last year." — Editor and Publisher, June 4, 1921, p. 24. "According to Thomas F. Moore, associate director of the A. N. P. A. Bureau of Advertising at the N. Y. C. Associated Dailies Convention: 63 " 'While business has not come up to predictions I made at your annual meeting last January it is not as bad as many expected it would be. In 1921, national advertising in newspapers was between $200,000,000 and $250,000,000. In 1921, the magazine advertising has fallen off anywhere from 40 to 75%, while news- papers are off an average of 25% at the very most in volume of national business .... and while newspaper lineage may be off 25% in national business, the actual money difference can safely be put at not more than 121^%, because of rate increases made since the corresponding period of 1920. "'At present practically 90 cents of every dollar being spent for advertising is going into the newspapers. Manufacturers realize that goods must be sold and sold quickly and the newspapers are the only place they can go to get their message quickly enough to the public' "—Editor and Publisher, July 2, 1921, page 7. Nevertheless, it is true that the papers will benefit from a resumption of business activity. If they were able to weather the storm at the present wage rates, surely they can now afford any increase that the situation may demand. II. Present Economic Conditions. A. There is no doubt whatever that business has now for some time been on the up-grade. These improvements in business are signalized by the following economic facts : 1. Stability of wholesale prices after the recent fall. 2. Large banking reserves, reduced volume of loans, and lowered interest rates. 3. Marked increases in production, particularly in basic industries. Everyone will agree that there could be no better or more fundamental indices of business conditions than these. ' B. Stability in Wholesale Prices. It is an accepted principle that the bottom of a depression has been passed when wholesale prices cease falling and become rela- tively stable. While the depression is with us prices continue tO' fall because of a surplus of supply over demand. Most purchasers will not buy on a falling market, except to secure immediately necessary material. But the moment the overstocks are used up, the demand increases, the fall "in prices ceases. Then trade is stimulated, because of the desire of purchasers to get in as near the bottom as possible. That this has now become the condition may be seen from the following official government wholesale price indices : 64 U. S. Dept Fed. Reserve of Labor Board Index Index May 151 142 June 148 139 July - 148 141 August _ 152 143 September 152 143 October __ _ 150 141 C. Large Banking Reserves, and Low Interest Rates. When a depression begins, the reserves of the banks are small in relation to their loans and interest rates are therefore, high. This restricts trade and production. The depression is a process of liquidation. Loans are gradually reduced, reserves are increased, and at length interest rates fall. When this process has gone far enough, business is ready for new expansion, because it can secure ample credit at easy rates. The change in the Federal Reserve System is a good index of the change throughout the country. The fall in bills discounted compared with the rise in total reserves is to be noted: F. R. Bills Discounted F. R. Total Reserves October, 1920 $2,801,000,000 $2,168,000,000 October, 1921 1,309,000,000 2,937,000,000 % change _ ' 53.1 35.4 By January 12, 1922, the following unprecedented strengthen- ing of the financial situation had taken place, according to the Federal Reserve Bank statement: F. R. Bills Discounted F. R. Total Reserves $1,074,000,000 $3,041,000,000 As to interest rates, the rate on New York call loans, which is the best index, fell from 7.65 per cent, in October 1920, to 5.15 per cent, in October, 1921, and to 3.50 per cent, in January, 1922. The drop thus registered is 54 per cent. No better financial condition for business expansion can be imagined. D. Production Increases. These fundamental conditions are reflected in an increase in physical production, particularly in basic industries. As production increases, business improves. Concerning the state of production, we can do no better than present a photostat copy of a page from 65 SUMMARY OF THE MONTH'S DEVELOPMENTS." Figures un current industrial and commercial move- ments indicate continued improvement in conditions from those shown in recent months. Textile and leather industries have increased their output in re- sponse to a wider demand. The production of iron and steel shows a further marked increase. A move- ment of particular importance is the widespread in- crease in building, stimulated to a large extent by the President's recent conference on unemployment. The eflfect of this movement is shown by improvement in lumber, cement, brick, and related industries. Although there was a further drop in prices during October as indicated by price index numbers, the de- cline in recent months has by no means been as great as in the early part of the year. This relative sta- bility of prices and the improved banking situation, as evidenced by increased reserves, smaller loans, and lower rates, are favorable to further business improve- ment. The low prices for agricultural products and the consequent decreased buying power of the farmers constitute one of the most serious unfavorable indi- cations. PRODUCTION. The productive forces in the United States are rap- idly returning to a normal basis, as is revealed by the available production figures for October. Good in- creases over September were reported for pig iron, steel, bituminous coal, wool, and coke, and smaller rela- tive increases in cotton, cement, anthracite coal, and wheat ^our. Zinc production remained stationary and the only decrease thus far reported has been in the output of petroleum. The recovery m production from the stagnulion witnessed in the early part of the year is more clearly ' evident from a comparison of the latest reporkil month with the minimum of the year Zinc, copper, and petroleum were still close to the minimum pro- duction, while anthracite underwent a moderate In- crease, made almost entirety in October. Production figures of cigars, cigarettes, manufactured tobacco, cotton, pig iron, and by-product coke averaged about one-third above the year's minimum, while the bitu- minous coal output rose 70 per cent; and wheat flour, eleomargarine, beehive coke, steel ingots, cement, and wool rose to about double their year's minimum. The < latest figures for cigarettes, wool, and wheat flour pro- i ductlons show increases even over the highest pro- duction month in 1920. ^ Of the 17 items of production for which we are able to make relative comparisons with 1913, 9 rose above the 1913 level — wool, cotton, cement, bituminous coal, by-product coke, petroleum, oleomargarine, cigoretta,' and wheat flour. Of the 8 items still'lower than the 1913 average, 3 — anthracite coal, manufactured to-' bacco, and cigars — were all within 6 per cent of that figure; and the enormous loss in beehive coke was due to a special condition — the development of by-product coke production through war needs. That leaves only the metals still below the 1913 production mark to any extent. These industries have only recently touched the bottom of the depression, but' the figures show that iron and ' steel production has abead; made considerable progress en the way back to normal. DuoBAM B.-COMPARISON OF PRODUCTION AT PRESENT WITH 1920 AND PREWAR. (BbIbIIvo pToductlon ot 1913-100.) Kon^lMUMt month for wool Is StptoDber, IRI; October ll|un revived too Ute tot InamionlDdlifrmin. INDEX NUMBERS Ml inn WOOL COTTON PIQ IRON STEEL INQOTS COPPER ZINC * BITUMINOUS COAL ANTHRACITE COAL BEEHIVE COKE BY-PRODUCT COKE CRUDE PETROLEUM OLEOMARGARINE MANFD. TOBACCO CIGARS ClOAnETTES WHEAT FIjOUR CCMEHT MAXIMUM IN ino LATEST MONTH IP2I OCT.OR SEPT. MINIMUM IN l«l * OCTOBER PRODUCTION SAME ASMItliMOM INini "The Survey of Current Business" as of Nov. 1, 1921, issued by the U. S. Department of Commerce. (This is the latest available issue of this periodical.) E. Other Authorities. Besides the authority just quoted, the most reliable authorities in the country on general business conditions are the Federal Reserve Bulletin and the Harvard University Committee of Eco- nomic Research. These we shall quote in conclusion, to clinch the argument : From Federal Reserve Bulletin, December, 1921 : "The progress toward normal conditions achieved during No- vember has been continuous, as may be seen by a comparison with the corresponding month of a year ago, or with the general move- ment of economic conditions since the beginning of this year. Cot- ton and woolen textiles in some of the principal producing districts are almost on a normal basis. Steel and iron, while working at about 50 per cent, of capacity, are in much better condition than was true a few months ago. In some industries which had accu- mulated large surplus stocks, such as zinc, demand has been suf- ficient to carry off a part of the oversupply. Unemployment has at least slightly decreased. Export trade continues in substantial volume, showing an increase during October, and while laboring under many handicaps due to unsettled exchanges, shows the result of strong foreign demand, especially for staples. This is particu- larly noteworthy when it is remembered that the prices at which cotton and cereals are now being shipped are so much lower than those of a year ago. Banking conditions are reported slightly improved practically throughout the United States. "Reduction of prices for cereals and failure of cotton to main- tain the level attained in September-October have proven a serious handicap to farming interest. Results of this relatively low return for output have been a reduction in the demand of farming com- munities in some parts of the country for consumable goods and a simultaneous tendency to check somewhat the process of liquidating loans at banks. Nevertheless, retail business continues to improve, taking the country as a whole, and has been materially helped by the improvement which has taken place in employment conditions during the past few months. Improvement is also observable in wholesale trade, sales comparing favorably with a year ago. Prices continue to maintain a substantial stable position. The Federal Reserve Board's index for October shows a recession of less than two points, and it is evident that the price changes which are now occurring do not represent any extensive movement toward modi- fication of the average level. 67 "Important financial developments have taken place during the month. In addition to a general reduction of Federal Reserve dis- count rates, there has been a distinct tendency toward dechne m the level of market rates both for short and long term funds. This has been accompanied by a decided advance in the prices of bonds, and particularly of standard securities. New oflermgs of capital issues have, in many cases, been readily absorbed and the general condition of credit has become edsier." From Harvard Economic Service, Weekly Letter, January 3, 1921: "A relationship of the lines of our index chart closely similar to the present may be found in the summer of 1904, in the spring of 1908, and in the winter of 1910-11. The improvement in business following these three dates took place ten to twelve months after the beginning of a marked decline in interest rates. Such a decline has been the most noteworthy movement^ of the last six months ... on the IJasis of this decline and the experience of former busi- ness cycles, a substantial increase in business activity and ar. advance in commodity prices will thus take place ten to twelve months after April, 1921, or from February to April, 1922/ "The liquidation which has been in progress since the boom of 1919-20 has been sufficiently thorough to lay a substantial foun- dation upon which business may build for the future. . . . Thus, at the end of 1921, the scene is set for a substantial business im- provement; the cyclical movements in speculation, business, and money, which must move in sequence because of the necessary economic relationship between them, have now reached a position from which the next movement should be an advance of commodity prices and an increase of business activity." THE STATUS OF THE NEWSPAPERS The economic condition of an industry is recognized as one of the determining factors in fixing ji wage scale. It is, therefore, highly important that the arbitrator should be given as much in- formation on the financial status of the Publishers as possible. We have already opened our books to him ; he knows what we earn ; he knowns what we need. We will now turn the searchlight upon our employers and reveal as much as we are able of what they may consider as their own private affairs, but which we hold is at least as vital to us as to them. Of course, we cannot tell you the whole story. The information at our disposal is fragmentary, and the picture we will paint for you must, perforce, be correspondingly fragmentary. But these several fragments which we are about to 68 present will, at least, reveal an illuminating bird's-eye view of the situation, even though they may leave some of the details in a hazy background. General Prosperity of the Newspapers I. Introductory Statement. A. We do not see how the newspapers can with sincerity plead inability to pay the wages we are asking. The external symp- toms of their success are so marked that they place the stamp of prosperity in burnished letters on the newspaper industry in New York City. The history of the industry tells a story of expansion and development at an ever accelerating pace. Larger papers, more editions, greater circulation, accompanied by a steadily mounting advertising income due to increased lineage combined with increased rates. We have already pointed out the unique position of the New York newspapers, commanding as they do the largest and richest trading area in the world today ; free, as a group, from the fear of competition from other quarters or from newcomers within their gates, while they themselves extend further and further be- yond the city limits through their syndicated matter as well as by means of a growing demand throughout the country for New York City dailies. And the owners of these papers have grown wealthy with the growth of their enterprises. II. Recent Expansion of Metropolitan Dailies. Ai The Herald;^ Sun, and Telegram have all moved into larger, more suitable quarters, and virtually all the papers have been compelled to increase their pressroom floor space to accommodate the larger, modem, high-speed presses which are steadily replacing the less up-to-date and less efficient ones. B. The New York Times has announced that it is going to build an extensive addition to its already spacious quarters. The following quotation on the subject is from the Editor and Pub- lisher (1-7-22— p. 16). "N. Y. TIMES HOME WILL BE DOUBLED "Building Operations Started in April, Will Add 10,000 Sq. Ft. on Each of 11 Floors — Giant Pressroom Planned. "New presses are to be added, doubling the capacity of the pressroom. Instead of a number of presses, each of fixed size, 69 it is planned to provide printing units, each of 8 page capacity that it may be coupled together to produce papers of the desired size. There probably will be 64 of these units. "This will be the fifth building the N. Y. Times has occupied under its present ownership. The Times used 22,000 sq. ft. of space in its quarters at 41 Park Row, in 1904. It expanded to 40,000 sq. ft. in the Times Building in Times Square." C. The Tribuile, forced by rapid expansion of its business to seek more space is in the near future going to' abandon its present site and become a close neighbor of the Times. The following news item from Editor and Pulisher (12-17-21 — p. 6) is of interest. "N. Y. TRIBUNE TO QUIT PARK ROW "Buys 15,000- foot Plot on 40th Street Near 7th Avenue— Has Been on Present Site Since Greeley Started in 1841. "Contracts were signed Thursday for the purchase by the New York Tribune of the plot of 15,000 sq. ft. at 219 to 229 West 40th street, where a building will be erected for the exclusive use of the Tribune. Building operations will be started very soon in the hope of having the building ready for use by May, 1923. "Then will end an occupancy which will have extended over a period of more than 80 years, for it was "in 1841 that Horace Greeley established the Tribune in a small frame building at the corner of Nassau and Spruce streets. Twenty-five years ago the | present Tribune Building contained a model newspaper plant, and today it is a modern plant in every respect, but growth of circula- tion and advertising calls for new facilities for which there is not space in the present building. "Until within recent years, the great body of morning news- paper readers could be served by a local delivery system which made location of the plant unimportant. But suburban circulation has become so great that a plant well located with reference to rail- road terminals is an essential to a successful morning newspaper. "The Tribune plant that in 1914 was turning out 60,000 papers daily, was in 1920 producing 150,000 papers daily of as many as twenty-four pages week-days and from 80 to 100 pages on Sun- days, and in that same plant where in 1914 a total of 2,000,000 lines of advertising was considered a splendid volume, a total of more than 10,000,000 lines was handled in 1920. "The new home of the Tribune will be a modern newspaper plant, complete in every detail. It will be a structure of not less than six stories above the ground with special facilities for de- livery within the building. The ground floor and those below the street level will cover the entire plot of 15,000 sq. ft. The upper 70 floors will be designed with special references to light and air and will have a usable area of approximately 12,000 sq. ft., giving the Tribune a total working space of more than 100,000 sq. ft. or double its present facilities. III. Outlook for the Future. A. The newspapers are entering 1922 confident that the new year will exceed in prosperity the year that has just passed. End- less quotations to substantiate this statement could be introduced, but two will suffice as illustrations, in order to save time and space. 1. "The annual convention of the New York agency of the Mer- genthaler Linotype Co. was held on Dec. 28 and 29 at Lino- type's Brooklyn headquarters. The consensus of reports from the field was that the business outlook was good. "Joseph T. Mackey, secretary-treasurer announced that there was much reason for anticipating exceedingly satisfac- tory business activity in 1922." — Editor and Publisher, 1-7-22 —p. 13. 2. "Optimism is reflected in the replies by representative pub- lishers throughout the country to questions asked them by Editor and Publisher during the past week on prospects for 1922 business. Most of them report that industries in their part of the country are again on! the up-grade and that re- newed activity seems likely throughout the early part of 1922 at least." — Editor and Publisher, 12-31-21 — p. 5. Advertising Advertising is, of course, a newspaper's chief source of in- come. Careful consideration of the advertising record of the papers will, therefore, throw considerable light on the prosperity of the industry. I. Advertising Lineage, 1914 to 1921, inclusive. (Note: The entire discussion on advertising lineage is based on the figures compiled by the Statistical Department of the New York Evening Post. The original tables are reproduced on the following pages.) A. The following table shows the total number of agate lines of advertising printed by 13 metropolitan dailies during each year, 1914 to 1921, inclusive. The papers covered are the following: American, Brooklyn Eagle, Evening Journal, Evening Mail, Eve- 71 Total Newspaper Advertising in Greater New York in Agate Lines FOR YEARS 1920—1919 DAILY AND SUNDAY Compiled by Statistical Department, New York Evening Post, Int. 1IK« 10,184 11,446 ij 3,912 4,298 7,306 5,316 7,092 6,562 7,036 7,120 5,896 §724 ,9,770 ♦*4,212 7,778 §866 15,660 10,426 13,252 10,616 11,701 3,959 7,604 5,170 6,323 6,588 8,304 6,804 6,240 10,430 PcrceniH* <■! 5,984 9,520 14,302 10,212 13,540 American . . Brooklyn Eagle Brooklyn Times ^Commercial ^Evening Journal ^Evening Mail . ^Evening Post ^Evening Sun Evening Telegram' ^Evening World *Glabe . . . iHerald . . . Herald . . . «New> (Tabloid) Standard Union tSun .... Times Tribune Worl.i . . . 1920 6.7 10,869,294 8.3 13,403,456 1.9 «j 3,067,986 2.1 3,461,694 9,985,090 6,441,770 5,628,471 8,958,858 7,538,530 9,789,770 8,056,835 §614,200 11,421,037 .8 »»1,335,936 5.3 8,596,922 §792,854 23,447,395 10,197,262 18,152,009 1919 10,820,642 11,445,058 Cain 48,652 1,958,398 Lou 6.2 4.0 3.5 5.5 4.S 6.1 5.0 .3 7.1 .5 14.5 6.3 11.3 2,862,008 9,579,660 4,824,119 4,490,629 8,421,293 9,192,795 7,907,884 8,395,112 8,734,682 599,686 405,430 1,617,651 1,137,842 537,565 1,881,886 1,654,265 '338,277 7,141,268 6,573,236 19,533,642 8,138,022 17,819,269 1,455,654 3,913,753 2,059,240 332,740 158,691,383 145,879,319 11,812,064 134,944 137,297 Totals . . . ' No Sunday Editioa. Net Cain Brooklyn Timea (isure* not included in toUlt. Althougli pnbliahad botb years, 1919 (inures were not i«cOfJ«d. Anerican . . BrooklyD Eagle BrooldyD TisMS Commercial , Eveaing Jouual Eveoiog Mai] EveDing Poit Erening Son . Evening Telegran Evening World Qobe . . . Heiald Herald . . News (Tabloid) Standard UaioB :Sfu . . . Times . . . Tribune . . WoiM . . . 1920 10,859,294 13,403,456 q3,0S7,98fi 3,461,894 9,985,090 6,441,770 5,628,471 8,958358 7,538,530 9,789,770 8,056335 §614,200 !|Il,421,a37 »*1335,93« 8,S9«,922 §792354 23,447395 10,197362 18,152,009 1919 10320,642 11,445,058 t . .. 2362,008 9379,660 4324,119 4,490,529 8,421393 9,192,795 7307384 8395,112 8,734382 7,141368 6373336 19333,642 8,138,022 17319369 1918 8354,915 8342,714 * 1,841,547 7,183,506 4,174,098 3,783,959 5,427,109 7306,520 4322,253 5367,659 6395,075 *:::::::: 5328,955 3304,733 13,497,525 4,170,812 14,754,^42 1917 9300,672 9,038347 J. 13«l,i85 7336,696 4388,576 3,847322 5,416317 7,775,630 5318,622 5,470,140 7309398 5349,711 4,131399 12309,587 4,644,931 13,741.045 1916 9330395 9376,572 . t t 7,085,606 4349,645 3,790398 5,721399 7,122,720 4323310 5,921,522 7,764,405 *::::::: 5,595397 4,083,647 11352,496 4,424353 12,767,920 1915 8,679312 8,987,138 6337317 4316,760 3315,064 4379,597 6,941,737 5,199,102 5,547,018 7343,026 * 5,427367 3,797396 9,682,562 3320,453 10306327 Totals . . 1611,759369 145379319 106,055,522 108,090378 104,411385 95,782376 tSna ood Harold combiDod into Sun.HorsId, Fob. I, 1920. Nonio chonred to Horold, Oct I, 1920. SJonnory 1 to Januory 31 Uclmiva, ||,FclMmar7 1 to Docembar 31 incluairc, 4 MarcK 1 to Dacembar 31 iaciaaiva. ** May 1 to Dacambar 31 iadasm. tFisnroa ao* racordaA. 1914 8388,711 9,097,92: + T t 7,01034 11,446 q 3,912 4,298 7,306 5,316 7,092 6,562 7,036 7,120 5,896 §724 |I9,770 ••4,212 7,778 §866 15,660 10,426 1^,252 Brooklyn Eagle BrooUrn Times Etzvbc Jonrnal Enaiis Mail EveDias Post Eveoiog Sub . ■ EveniBg' Tdegian ETcniag WoiU Clofce tHenld . . HenU .... Hen (Tabloid) Sbadard UoioB . iSn . . . Tbks . . WoiM '.'... 'JEf"^" 1921 American .... 6.8 10,355,214 Brooklyn Eaxle . . 9.0 13,687,818 Brooklyn Timea . . 2.3 3,441,258 •Commercial ... 2.0 3,003,364 -Evening Journal . 7.2 10,885,820 •Evening Mail . . 4.1 6,263,922 •Evening Poat . . 3.7 5,574,897 •Evening Sun ... 5.4 8,200,724 Evening Telegram . 4.4 6,648,488 •Evening World . . 5.9 8,927,348 •Globe 4.7 7,220,590 {Herald Herald 8.0 12,100,740 Newa (Tabloid) . . 1.8 2,761,148 Standard Union . . 4.5 6,915,482 $Sun Time 14.3 21,652,613 Tribune ..... 6.3 9,522,745 Worid 9.6 14,520,594 1920 Gain 10,869,294 13,403,456 284,362 q 3,067,986 3,461,694 9,985,090 900,730 6,441,770 5,628,471 8,958,858 7,538,530 9,789,770 8,056,835 §614,200 1111,421,037 "1,335,936 8,596,922 §792,854 23,447,395 10,197,262 18,152,009 144,556. 138,856 •No Svodor c^Uoo. Totalt 151,682,765 161,759,369 1921 10355,214 13,687,818 3,441,258 3,003,364 10,885320 6,263,922 5,574397 8,200,724 6348,488 8327,348 7,220390 iiiob,74b 2,761,148 6315,482 21352,613 9322,745 14320394 1920 10369,294 13,403.456 ^3,067386 3,461,694 9,985,050 6,441,770 5,628,471 8358358 7338,530 9,789,770 8,056335 § 614,200 1111,421,037 ••1335,936 8396322 § 79Z3S4 23,447395 10,197,262 18,152,009 1919 10320,642 11,445,058 t 2362,008 9,579,660 4324,119 4,430,629 8,421,293 9,192,795 7307,884 8395,112 8,734,6*2 1918 8354315 8342,714 t 1,841347 7,183,50c 4,174,098 3,783359 5,427,009 7305,620 4,922,253 5,267,659 6395,075 1917 9300,672 9,088,947 t 1361,185 7,236,696 4,888,576 3347322 5,416317 7,775,630 5313,622 5,470,140 7309398 7,141,268 5328355 5349,711 6373,236 3,604,733 4,131,699 19333,642 13,497325 12309387 8,138,022 4,170312 4344331 17319,269 14,754342 13,741,045 458,330 177,848 53,574 758,134 890,042 862,422 836,245 1,681,440 1916 9330395 9376372 1,794,782 674,517 3,631,415 10,076,604 NrtLoa. 1915 8,679312 8387,138 7385,606 4349345 3,790398 5,721399 7,122,720 4,923310 5321322 7,764,405 5395,997 4,083347 11352,496 4,424353 12,767320 6337,617 4316,760 3315,064 437939; 6341,737 5,199,102 53473I8 7343,026 5,427367 3,797396 9382,552 3320,453 10306327 Totals. . . 151,682,765 161,759369 Nnra sUrtcd StniiMj editioB Mor >, 1921. tFiaofc* not ivcoriled. iSm aad HenU camlmed into San-Herald, Feb. Sieanarr 1 to Jumwy 31 ioeliuive. HFebraetr I qtUrcli I u Oeccnber 31 Ucliuiret ••K>i> I 145379.319 106,055,622 108,090,978 104,411385 95,782376 1, 1920. Nkne chufed to Henid, OcL 1 to December 31 ioelufire. la December 31 incliMire. 73 ning Post, Evening Sun, Evening Telegram, Evening World, Globe, Standard Union, Times, Tribune, World. These papers were selected because they have been in contin- uous existence under the same names since 1914, and because lineage data is available for each of them over the entire period. In 1921, they included more than 85% of the total lineage recorded in the Evening Post tabulation : 1914 1915 1916 1917 81,317,900 agate lines 84,141,654 92,563,533 94,788,796 1918 94,014,267 1919 127,709,393 1920 141 ,065,662 1921 130,376,255 Average 1914^1921, inclusive 105,747,183 Tnii^rEeM CEAomG Papers in Greate/? /VetvYoR/c /9/4-f92/ /ncLUSiVE ■^. m /j0 / \ 1 r / cAnmas I9H -1321 Mduiive / _,>> iAjSi^ Lines f ^™'" - '^ , 1 y^ 7# 1 ^ N So ■lo » H 1* s /» e « ' \ t4im^e 1914-/92/ IncMuve €. Ji J s»>^ ^ __. — y ^ / 1 / f— % ^ 1 1 1 Apr Oet J^ Oct ^ Oct dipr Oct >4pr Oct /tfr. Oct Afit Oef /^r tkt 191^ f9lS I9lb f9l7 1918 I9i9 1930 f9H 7M LubDf Btireaa, ffie, f*y I Union Sqtimp*, /%f fark The following table shows the rates we used in our computa- tion. Average of Daily 1. Morning papers — and Sunday 1914 $0.75 per 100 1915 1916 1917 1918 1919 1920 1921 .75 .75 .75 .75 .75 1.65 1.65 80 # 81 2. Evening papers — 1914 $0.60 per 100 1915 60 " " 1916 60 " " 1917 60 " " 1918 ; 1.00 " " 1919 1.40 " " 1920 2.10 " " 1921 ...: 2.10 " " C. We then took the total circulation figures from the Eve- ning Post copipilation and computed the annual sales for each year from its average of the April 1st and October 1st figures. The next step, of course, was to multiply the total circulation by the rates, taking into consideration the different price of morning and evening papers. The result, which represents the annual circu- lation income of all the papers combined, appears below. 1914 $ 7,895,925 1915 8,339,08|i 1916 8,595,611 1917 - — 9,147,250 1918 : 1 1 ,020,821 1919 13,950,377' 1920 24,035,287 1921 25,277,017 Average, 1914-1921, inclusive 13,532,672 D. The startling conclusions that result from this tabulation are revealed at a glance. Yet it is worth while to point them out in concrete form. 1. The circulation income in 1921 was the highest ever attained by the newspapers. 2. It exceeded that of 1914 by $17,381,092, or 220.13%. 3. It exceeded that of 1918 by $14,256,196 or 129.36%. 4. It exceeded that of 1920 by $1,241,730, or 5.16%. , 5. It exceeded the average circulation income of the years 1914- 1921, inclusive, by $11,744,345, or 86.79%. 6. It exceeded shghtly the total circulation income of 1914, 1915, and 1916 taken together; or of 1918 and 1919 taken together. The grapli on the opposite page tells thie story at a glance. 82 Cll?CULATION /NCOME OF AierROPouTAN Dailies /9t4-f92t /nc/usive 24 ^ 22 / to / 1 / \ / 1- / 5 I. / ^^ / ^^ C/rCuli*!l nlncorne^ y * 2 - I9K im is/s m9 ixo mi The later ttiian He, Hoi ll/monjfimr /Itir Yoi* REDUCTIONS IN COST. The largest single item of cost, particularly in newspapers of large circulation, is the white paper. This item registered a re- markable rise during the war period, and reached its peak during the summer of 1920. Since that time it has registered an equally remarkable drop. This fall in paper prices, without corresponding drop in advertising rates, lineage, circulation, or price to the newspaper purchaser, has added enormously to newspaper profits. Let us estimate the saving that has been made here. I. The Price Reduction in Paper. Following is a table of the average weighted market price of standard roll newsprint per 100 lbs. f. o. b. mill, based upon domestic purchases. These figures are given by the Federal Trade Commission. They do not indicate the- still lower prices obtainable on imported paper. 83 Month— 1920 1921 January 6.945 February 6,279 March 5.623 April - 5.206 May 5.056 June 5. 129 July 10.498 5.013 August 10.212 5.160 September 9.800 4.185 October 9.362 4.070 November 9.148 4.170 December 7.854 The reduction from the peak of June, 1920, to November, 1921, was therefore already 60 per cent, and the price has been falling since November and still continues to fall. It is now $3.50 per 100 lbs. II. Saving Effected by the Reduction. In order to estimate the saving effected by this reduction we have multiplied the approximate yearly tonnage of each newspaper by the difference in tonnage rates between July, 1920, and Novem- ber, 1921. It may be objected that July was the highest point of 1920, and therefore that an average of several months would be more fair. But this is offset by the fact that prices are now con- siderably lower than in November, and the average for 1922 will undoubtedly be below that level. Saving in Paper Cost. Year Tonnage Saving in Dollars Newspaper— Used at $126.60 per ton Telegram 6,500 $ 822,900 Telegraph 1,500 181,900 Journal and American 80,000 10,012,800 World, Morning and Evening 70,000 8,862,000 Evening Sun 14,000 1,772,400 Herald 20,000 2,532,000 Times _ 60,000 7,596,000 Mail 8,000 1,012,800 Globe 10,000 1,266,600 Standard Union 4,000 506,400 Tribune 12,000 1,519,200 News ' 14,000 1,772,400 Eagle 7,000 886,200 Total 307,000 $38,743,600 84 Approximately $38,000,000 saved by these 13 papers in the yearly white paper bill through the fall of prices ! There are about 2,000 members of this union. Their weekly scale for journeymen is $45.00. Some members receive more than this on account of overtime or night work, or because they are in charge of a press, others being juniors, receive less; but it is certain that the average pay does not exceed $45.00. Now, if the fifteen papers listed above employed the entire 2,000 men — which is not the case — and employed each one steadily throughout the week — which is also not the case — ^the bill for 50 weeks per year would be $4,500,000. The employers have therefore saved through the fall in paper prices enough to pay our entire wages eight times over! They could, if they wished, pay us eight times the present wage and still be as well situated as ii^ July, 1920. It cannot be argued that the amount of paper used has de- creased during the period. A release of the Federal Trade Com- mission for June, 1921, says: "The domestic consumption of standard news by metropoli- tan dailies using between J^ and % of a million tons annually, for June, 1921, when compared with June, 1920, shows that the con- sumption for the month of June, 1921, was practically the same as for June, 1920, and increased slightly more than 2% for June, 1921, over June, 1919." If it is argued that our estimate is excessive for any reason, a large allowance can be made and still the argument will hold. Suppose the saving were only $100 per ton, or $80 per ton. The total saving would still be $30,000,000 or $25,000,000. Cut the estimate in half, and still the saving would be sufficient to pay our total wages four times over. The total circulation of these papers is, as of October 1, 1921. according to Audit Bureau of Circulation figures, 3,679,980. This makes a yearly circulation of about 1,346,000,000. A reduction of 1 cent per copy in the selling price could therefore be made with a yearly loss of only between 13 and 14 million dollars — ^less than half the saving made ii^ white paper. The yearly advertising lineage of these papers for 1921, omitting the Telegraph, for which figures are not available, was 139,663,246. They could therefore make an average reduction of 10 cents a line in advertising rates without using up half the saving in white paper. But no such 85 reductions have been necessary to maintain their volume of busi- ness, as is shown in other sections of this brief. III. Reduction in Prices of Other Materials. Reduction in prices of other materials have also brought about great savings. Ink has gone down a cent a pound. Type metal has fallen considerably. Paper storage has been about cut in half— it was between 5 and 6 cents per 100 lbs., and is now 3 cents in Government bonded warehouses. The cost of carting has been reduced 25%. These savings total additional hundreds of thou-' sands of dollars. IV. Foreign Paper Supplies. The above calculations are more than conservative because they do not take account of any but domestic paper. But paper from Canada and from abroad is now being sold in New York at lower prices than domestic. The Federal Trade Commission release of Friday, December 30, 1921, shows that the imports of newsprint in October, 1921, were 75,598 tons, or 17,209 tons more than in October, 1920, while exports were 1,648 tons less. The saving thus caused is not included in the preceding figures, although the quantity of paper imported for the month was about ^ as. large as the total domestic shipments, which were 104,492 net tons. PROFITS. I. Introduction. Newspapers do not believe in the pitiless light of publicity when it comes to their earnings. They jealously guard the secrets of their financial prosperity from the public, from their advertisers, and from their employees. The evidence, however, which we have produced points very strongly to the fact that the newspapers of greater New York, taken as a whole, must be exceedingly suc- cessful enterprises.; it points particularly to this— that 1921 must have been the banner year for the industry. Even to those unin- itiated into the intricacies of financial reasoniiig it is evident that when revenues remain virtually at the high water mark while the largest element of cost declines more than 50% a state of affairs exists which is extraordinarily conducive to high profits. II. The New York Times. A. The New York Times has used the occasion of the com- memoration of the quarter-centenary of ^ its present management to indulge in some unusual frailness. The "History of The New 86 York Times, 1851-1921," (Exhibit 6) written for the occasion by one of its editors, Mr. Elmer Davis, throws some light upon the financial status of the paper, though by no means telling the entire story. B. The following, as well as all other quotations, are from this book. "Now as to the ownership of The New York Times. It is owned by a corporation with $1,000,000 common and $4,000,000 preferred 8 per cent stock (the latter recently issued as a stock div- idend). I and the immediate members of my family own and control 64 per cent of the shares of the company fyee and unencumbered, and not one share of our holdings is pledged or hypothecated; 25 per cent more of the shares is held by those who are or have been employed by The Times, and the remaining 11 pei'cent of the shares is distributed among twenty-eight individuals or estates (all Ameri- cans) who acquired the stock by exchanging for it shares of the old company, the largest individual holder of the latter group holding only one-quarter of 1 per cent of the capital stock. The New York Times Company has real estate and paper-mill properties costing more than $5,000,000, and on these properties there are unmatured bonds and mortgages amounting to $1,500,000, constituting the sum total of the indebtedness of the company except its current monthly accounts payable. The cash reserves of the company are more than sufficient to pay its total funded indebtedness and leave free a large and sufficient working capital. So it can be said that The New York Times Company is virtually free of indebtedness. It has a gross annual income exceeding $15,000,000 and only about 3 per cent of its gross annual income is distributed to its shareholders ; the remainder of its income is employed in the development and ex- pansion of its business. This result has been achieved in a' busi- ness that twenty-five years ago was running at a loss of $1,000 a day, by the investment of only $200,000 of new capital." (pp. XV-XVI). The above passage fairly reeks of prosperity. But the reader, presumably, is supposed to pity the shareholders who are receiving only 3 per cent out of the gross annual income of $15,000,000. Yet this 3 per cent amounts to $450,000. Of this, the preferred stock — which was issued as a stock dividend — gets $320,000, and the com- mon—which represents only $200,000 new capital put into the busi- ness by Mr. 'Ochs and his associates — ^gets $130,000 or 13%. Besides this, it must be taken into consideration that the owners are many of them also on the salary list of The Times and are in a position to vote themselves generous salaries. Mr. Ochs, for ex- ample, is reported to be receiving $50,000 a year, and Mr. Sulz- berger, $35,000. 87 Again, on page 191, appears the, following: "Where did the money come from which' built up the insti- tution? Aside from $100,000 of the $200,000 of new capital pro- vided by the sale of bonds in 1896, it came out of the earnmgs. Of the money which the paper has earned during the last twenty-five years, in round figures $100,000,000, 97 per cent has been put into the operation and development of the property and 3 per cent has been kept for the owners in dividends." Now, $100,000,000 is a goodly sum of money to earn in 25 years on $1,000,000 capital stock, even if you take out only 3 per cent, or $3,000,000. It must not be forgotten that the major portion of the balance of $97,000,000 has accrued to the capital account of Mr. Ochs and his family, and that if Mr. Ochs and his family wished to dispose of their holdings in The Times, a good part, if not all of this $97,000,000 would come into their pockets in the shape of cash or securities. C. A few more quotations from the same source which bear upon the remarkable expansion of The Times, though not directly revealing its financial status, can well be brought in at this point. There is no reason to believe that The Times is in a class by itself. Many, if not all the other large papers, could tell an equally glowing story if they felt so inclined. Therefore, we can believe that what The Times says about itself gives a fairly accurate picture of the state of affairs of the New York newspaper industry as a whole. "As The Times grew and moved into new quarters it had to make heavy investments in real estate and machinery. The Times Building, like any other new building, was mortgaged during its construction. The mortgage was placed like any other mortgage— because those who made the loan thought that the Times Building was a safe risk. It is being constantly reduced, and is now less than a million dollars — on property worth several times that amount. So bonds and mortgages, the total indebtedness of the company, amount to something like $1,500,000. The cash resources of the company are more than sufficient to pay this off at any time. The value of the company's real estate and paper-mill properties, entirely apart from plant, good-will and other resources, is several times the in- debtedness. So virtually The New York Times as a newspaper en- tity is free of any indebtedness of any kind or description."-^ (pp. 190-191.) "The end of the war found The Times at the height of its influence and power, but the peak of its business was still to come. In the boom of 1919 and the early months of 1920 The Times at last expanded in size from the 24-page issue which had been the 88 limit for the week-day paper up to the end of the war, and often since then has printed 32, 36 or even 40 pages a day. Even so, the volume of advertising offered was so great that day after day much of it had to be refused on account of lack of space. Yet the total printed in 1920 was more than 23,000,000 agate lines— nearly 80,- 000 columns, and almost ten times the amount printed in the first year of the new management. The greatest volume of advertising ever carried in the paper was on Sunday, May 23, 1920, when The Times printed, in all, 767 columns of advertisements. The paper on that day contained altogether 136 pages, including 24 pages of rotogravure pictorial supplement and 16 pages of tabloid book re- view. It weighed two pounds and ten ounces, and no doubt it felt like ten pounds and two ounces to the weary householder who picked it off the doorstep ; but experience has shown that even in a paper of that size there is nothing that a good many readers do not want."— (p. 370.) "Twenty-five Years' Record of Advertising Growth of The New York Times Year. Agate Lines 1896 2,227,196 1897 2,408,247 1898 2,433,193 1899 3,378,750 1900 - 3,978,620 1901 4,957,205 1902 5,501,779 1903 5,207,964 1904 5,228,480 1905 5,958,322 1906 6,033,457 1907 6,304.298 1908 5,897,332 Agate Lines 7,194,703 Year. 1909 1910 7,550,650 1911 8,130,425 1912 8,844,866 1913 9,327,369 1914 9,164,927 1915 9,682,562 1916 11,552,496 1917 12,509,587 1918 13,518,255 1919 19,682,562 1920 23,447,395 (p. 402) 'Twenty-five Years' Record of Circulation York Times Year.. Copies. Year. October, 1896 21,516 October, 1897 22,456 1898 25,726 1899 76,260 1900 82,106 1901 102,472 1902 105,416 1903 106,386 1904 118,786 1905 120,710 1906 131,140 1907 143,460 1908 172,880 April, 89 Growth of The New Copies. 1909 184,317 1910 191,981 1911 197,375 1912 *209,751 1913 *230,360 1914 *259,673 1915 *318,274 1916 *340,904 1017 *357,225 1918 ;*368,492 1919 *362,971 1920 *342,553 1921 *352,528 ^Average net paid daily and Sunday circulation reported to the Post Office Department for the six months immediately pre- ceding, in accordance with Act of Congress, August 24, I9l2." (P. 403.) "Indeed, why should the owners of The Times submit to out- side influence? They oivn a large and prosperous institution^ out of debt, which brings them in all the income they can reasonably require." (pp. 192-193.) III. The Burden of Proof. If the Publishers resist our request for a fair increase in wages on the grounds that they are financially unable to meet it, the burden of proof rests squarely upon their shoulders. All the evidence that is open to the public would seem to show that the Publishers could at the same time reduce their advertising rates, lower the sale price of their paper, increase the wages of all their employees by a liberal margin, and still have more left for them- selves than they had in 1914. The Publishers have repeatedly told us that they look upon us as their partners in their enterprises. If we are their part- ners should we not be allowed at least to see their books? This is the time for them to prove their sincerity. We make this for- mal request of them : that they lay before the Arbitrator all figures that are necessary for him to have in his possession, in order to determine accurately the financial status of the Publishers and their ability to pay. These figures should cover, among other things, the following items for 1914, 1921, and certain inter- vening years. Costs : Raw material. Productive Labor. Department and General Overhead. Sales : Advertising : Circulation. Syndicated matter. Profits : Gross and net profits. Dividends (cash and stock). Other distribution. Salaries to Owners and Executives : Capitalization. Invested Capital. New Worth. 90 In short, balance sheets and income statements for each year, 1914 through 1921, should be submitted. Then the Arbitrator will be in a position to judge whether or not the Publishers are finan- cially able to pay the increase. Failing this, we ask that the Arbitrator rule that the presump- tion governing these proceedings shall be that no just demand of the Union for an increase in wages shall be denied on account of alleged inability of the Publishers to meet the increase, unless the Publishers offer proof-^not by way of general statements, but in the shape of com,plete financial records — to this effect. SUMMARY AND CONCLUSIONS In presenting this somewhat extended brief, Mr. Arbitrator, we have been actuated by the desire to lay before you all the data at our disposal so that your judgment of the issue may rest upon a thorough knowledge of the facts of the case. But out of the mass of details there stand out, as we see it, a few underlying conceptions on which we rest our case for an increase in wages. They are: 1. Newspaper Web Pressmen deserve a higher wage on the basis of the cost of living. Their wages are not at the present time, nor have they" ever been, adequate to meet a proper stan- dard of living. Nor have their wage increases since 1914 been sufficient to allow them to preserve even the meagre standard which they enjoyed in 1914. Not even a $10.00 advance would bring them up to the proper level or would it compensate them for the losses they have sustained over the span of the last eight years. 2. On the other hand, the newspapers, apparently always on a prosperous basis, have reaped a magnificent harvest during 1919, 1920, 1921, which they have not shared with their em- ployees. Probably no other group of enterprises in the country can boast that the year just closed has been the most successful in its history. And it has been the most successful for the daily papers of Greater New York. Their advertising lineage has fallen off less than 8% from 1920, but the higher rates in effect during 1921, have reduced this loss to 2.5%, expressed in terms of ad- vertising income. Against this, there is a gain in circulation and circulation revenue. In addition, the saving on newsprint ink, 91 type metal, and other items of expense runs into many millions and puts 1921 ahead of 1920 from the standpoint of profit. So from the point of view of the Publishers' ability to pay, there is every reason why we should be granted an increase. We call upon the Publishers to show their books for conclusive proof of our assertions. 3. The training, skill, and intelligence required of a news- paper pressman have- never been amply reflected in our wage scale, and should be taken into consideration in these proceedings. As a matter of fact, Pressmen have suffered in comparison with other crafts in the printing industry, no higher skilled than they. 4. Furthermore, the danger of accidents and disease which besets us in our daily task, and the unpleasant and unhealthy con- ditions of our employment call for far higher pay to compensate for the risks we are compelled to take. 5. Finally, the arduousness of our labors is growing from year to year, due to the increasing size of the papers, the increase in number of editions published, the increasing length of the average run, and the continual introduction of high speed and always higher speed presses to meet the exigencies of the situation. We are always forced to contribute greater efifort, to apply greater concentration, to take added risks, and to master new mechanical complexities. Now we, in turn, are asking the Publishers to contribute a little more money to us, so that we may progress with the industry of which we are so vital a part. 92 PRIMA FACIE ARGUMENT OX SHOP PRACTICES IN ARBITRATION PROCEEDINGS BETWEEN New York Newspaper Web Pressmen's Union No. 25 AND The Publishers' Association of New York City BEFORE JUDGE MARTIN T. MANTON, Arbitrator Saturday, January 21, 1922 BRIEF FOR THE UNION 95 PRIMA FACIE ARGUMENT ON SHOP PRACTICES For the information of the Arbitration Board, we submit copies of the proposal of Web Pressmen's Union No. 25 for a new contract of employment, and at this time enumerate and give in connection therewith a brief explanation of the few changes proposed by the Union. We also submit for comparison a printed copy of the last contract between the Union and the Publishers' Association. First. It will be noted in the new proposition that Sec- tion 9 is changed so as to provide that double time shall be paid for work on all legal holidays on both the day and night shifts, and for all Sunday work up to twelve o'clock midnight, the time of starting work on the night shift for the regular Monday morning issues. A new Section 16 A is added, which provides that an extra man shall be employed on the presses when two half rolls of paper are used in place of one full roll. In the proposed new contract submitted by the Union, Sec- tion 20 is eliminated, as it gives special privileges to the Brook- lyn papers. Section 29 of the contract provides the compensa- tion for day men who are compelled to work on Sunday morning papers, and there is, therefore, no necessity for any such provi- sion as contained in the old Section 20. By comparing Section 21 in the old contract and Section 20 in the proposed new form of contract submitted by the Union, it will be noted that Section 20 in the Union's proposition pro- vides that the time of starting work on the regular day shift of the evening papers shall be nine A. M. instead of eight A. M. as provided for in the old contract. In Section 27 of the new proposed contract, it will be noted that the Union is requesting an increase of $10.00 per week over the present scale of wages. A new Section 27 A is inserted in the new proposition, re- questing $1.00 per day or night over the regular scale for sub- stitutes working less than six days or nights per week and that substitutes so reporting shall receive $1.00 for each day or night that they appear on the sub-line and are not engaged for work. 97 HOLIDAY QUESTION The question of the extent or duration of legal holidays, and as to whether the extra compensation for holiday work paid to the day shifts should apply on all legal holidays and paid to the men employed on the night shifts, is designated as Section 9 of the contract. The Pressmen's Union contends that the Arbitration Board should decide that all legal holidays consist of twenty-four hours; that double time should be paid for work performed on any and all legal holidays, and that the night men should be paid the extra compensation when required to work on any legal holiday the same as the day men. There can be no question as to the duration and extent of any one day in the year whether it be a holiday or not. The length of the day is determined by the laws of the Universe and cannot be changed by any human agency. That twenty-four hours constitute a day is also recognized by law. This is estab- lished by the fact that certain forms of business are considered illegal if transacted after twelve , midnight on the day of a legal holiday. A holiday is used by workingmen mostly for the purpose of being with and seeking recreation with their families. This privi- lege and opportunity should not be denied to men who are required to work at night, because of the fact that they sleep in the day time while the rest of the family sleeps at night. The privilege, therefore, of spending the holiday time with one's fam- ily should not be denied to men who are required to live the unnatural existence of working at night and sleeping during the day, and if the nature or the exigencies of any business deprives them of this privilege, that business should pay some extra com- pensation for the sacrifice made by the night worker. The fact that Saturday night in a newspaper pressroom is the heaviest night of the week makes it almost impossible/ for night workers to absent themselves from work on Saturday nights. They are also required on Saturday night to work much harder and longer hours than on any other night in the week, which causes them to be so fatigued on Sunday that they have no other alternative, and it is physically impossible for them to lose any sleep and be with their families on the one day in the week when every work- ingman considers it a privilege and a duty to do so. 98 The demand of the Pressmen's Union that all holidays be recognized and observed by the contract relations between the Publishers' Association and the Union is based upon the fact that such holidays have been created by legislative enactment and are all equally important under the law, as well as being uniformly respected and observed by the general public. The reason for inserting new Section 16 A is that each half roll has to be spindled separately and occupies a separate posi- tion on the press while unwinding, thus making exactly the same amount of work in the preparation and handling of the paper rolls for a quadruple run of sixteen pages maximum, as there is in connection with the operation of a sextuple press. The cus- tom of adding one man to the press crews whenever this condi- tion prevails is pretty generally observed. But there has been some instances in the past when differences which were never definitely settled arose between the Union and certain news- papers with regard to this contention, and the proposal of the Union that the generally prevailing custom be set out in the con- tract is for the purpose of avoiding any such differences in the future and making the generally obtaining practice uniform in all offices. In fact this question was so decided in an arbitration held before Supreme Court Justice Guy, acting as arbiter, in January 1921. Justice Guy's decision stated that: "We find that the use of two half rolls instead of one roll is a labor increasing device calling for a substantial amount of extra labor, which, under Section 8 of the contract must be performed by a journeyman member of the Union. Such work necessitating five changes of rolls to the shift, extra handling of spindles, the watching of two sheets in place of one, additional work when the sheets break and that, under the provisions of Section 19 of the con- tract, the Union is entitled to the employment of an additional pressman whenever two half rolls are used instead of one roll." The foregoing decision of Justice Guy was rendered after a personal visit to the pressroom in question and a careful observa- tion of the work performed. Section 20. The proposal of the Union that Section 20 be eliminated, is presented for the purpose of correcting an abuse which has existed on two of the Brooklyn newspapers for many 99 years. These newspapers publish a daily, afternoon and evening edition six days per week and a morning edition every Sunday during the year. The men who work during the day, Satur- day, are required after an interval of a few hours, to sacrifice their sleeping time and return to work for an additional period of eight hours or more: This time is paid for at the regular Saturday night scale, plus a bonus of $2.28. There is no reason why any newspaper should be permitted to continued to enjoy this special consideration to the detriment of the health of their employees without proper and adequate extra compensation for the inconvenience and sacrifice entailed by the worker. The physical str'ain upon the men working two continuous shifts and losing their regular night's sleep on those two newspapers is the same as on any other Sunday morning newspapers where day men are required to work through Satur- day night. On the other Sunday morning newspapers whenever men on the day shift are required to work through Saturday night they receive extra compensation on the basis of time and a half at night rates in accordance with Section 29. In justice to the other newspaper publishers and in the interest of fair play and uniformity, the Pressmen's Union demands that this abuse be discontinued, and confidently expect that the Arbitration Board will concede the justice of its contention on this point. , In proposing a change in Section 21 so as to start the day's work on evening papers at nine A. M., the Union desires to restore a former condition because experience has proven that the earlier starting time of eight A. M. is a serious inconvenience and hardship upon the members. Most of the evening crews are kept late on overtime work which not only tends to bring on fatigue but causes an irregularity of meal times. To be at work by eight A. M. in the morning, makes it necessary for them to get up at 6.30 and in some cases as early at six A. M. and does not give them time for sufficient rest in order to properly recu- perate from the effects of the previous "day's work. It means that the men must report for work at least ten minutes prior to eight A. M., as it takes fully ten minutes for them to change their clothing and be on the pressroom floor and actually at work by eight o'clock. Under these conditions, the Union feels that its members should not be required to report for work before nine A. M. in the morning, and that this regulation should be decided in their favor by the Arbitration Board in order that 100 the pressroom employees may have sufficient time for rest and recuperation from the effects of a very long and arduous day's work. The demand of the Union for a $10.00 increase for all members over the present wage scale is based upon the fact that its members have never received wages adequate to enable them to maintain the standard of living to which their station in life entitles them, and upon the fact that their present and past rate of wages is inadequate for the skill and the hazardous nature of a newspaper pressman's work. The demand of the Union upon this point is supported by an exhaustive study of living costs and the standard of living that skilled mechanics are enti- tled to, which has been presented as the main part of the prima facie case of the Union. This study will also deal with the condition and the outlook of general business prosperity, with the prosperity of the New York newspapers in particular, and will show as far as the lirtiited information which the Pressmen's Union could secure, the increased earnings of the New York newspapers and their ability to pay this increased wage scale, because of the unprecedented prosperity which they are enjoying. Section 27 A. which provides for sub rates of $1.00 per day or night over the regular scale for all substitutes working less than six days or nights per week and compensation of $1.00 for each day or night they are not put to work, is presented for the purpose of remedying a very unjust condition. Substitutes, members of the Union, who are not assigned to any regular position, never know whether they will be put to work or not, but are required to report each day or night and thus hold themselves available to meet the demands and con- veniences of the newspapers in case extra men are required for the production of extra large papers. When these substitutes are not put to work they have to give up the time it takes to travel to the office and spend their carfare back and forth with- out any compensation for this sacrifice and inconvenience. They cannot remain at home or at any other convenient place and await a call to work, as they have to be available right in the press- rooms on the moment. They cannot be notified to appear for cer- tain employment the night or morning prior to their being assigned to work because the newspapers never know for certain how many 101 pages the following day's issue will contain, and take absolutely no risk of having more than the actual minimum number of men re- quired. Therefore, they must come and go every day or night that they are not engaged for work, the same as though they were or- dered in to work, or sufifer the possible loss of an opportunity of employment. In all departments of the commercial printing ofifices, substi- tutes or extras not having any regular situation and who are em- ployed on part time according to the needs and conveniences of the employer, receive a certain amount daily in excess of the reg- ular scale, and provision for this extra compensation is provided for in the contracts between the Employment Commercial Printers and the various printing trades unions. The union submits that the newspaper pressroom employees are entitled to the same considera- tion and that the demand of the Union in this case for a substitute rate of $1.00 in advance over the regular scale is fair and equitable. The demand of the Union upon this point would require the pay- ment o"f this extra compensation only in the case where a man giv- ing his time to cover the ofifice six days per week is hired for only five days or less during the same week. In the event of such sub- stitute being Employed for the full week, the sub rates would not then apply, and in such event the employee would then receive only the regular scale provided for in the contract. EXISTING NUMBER OF MEN ON PRESSES SHOULD NOT BE REDUCED. The existing number of men employed on the presses of the New York newspapers has not varied for more than twenty-five years. When the perfected newspaper presses first came into gen- eral use the present number of men employed was fixed at that time by the newspapers. The work was then not nearly so intensive, hazardous or exacting, as it is at present and did not require the skill which is necessary today. Copy of the Constitution and By-Laws of the Pressmen's Union in effect in 1900, showing that the number of men employed on the newspaper presses was the same at that time as the number employed at present, is offered in evidence and marked Exhibit 7, See pages 28 and 29, article 8. The maximum speed of the newspaper press of twenty-five 102 years ago, printing double, was 24,000 papers per hour. The max- imum speed of the modern newspaper printing press is practically doubled, reaching as high as 60,000 papers per hour. The number of men employed at present with the speed of the presses doubled is exactly the same. Therefore, the men are required to work harder and faster to keep up with this increased speed. The effect of doubling the speed of the press is that twice the amount of paper is consumed and that the press crews have to handle and prepare and place in position on the presses double the amount of paper rolls within a given time, and also to remove from the roll brack- ets on the press twice the former number of spools from which the paper web is unwound apd detach therefrom the spindles which form the shafts of the paper rolls. This increase of speed re- quires closer attention to the press while it is rimning, as the numer- ous journals and bearings, in order to prevent hot boxes, have to be oiled continuously. The ink fountains have to be filled oftener. The paper web breaks more frequently on a high speed and this is the cause of no end of extra hazardous work. When the web breaks it has to be re-threaded through the presses in the shortest possible time. It is a very dangerous operation and requires the men to climb from one part of the press to another, in order to lead the web over its proper course. When the web breaks, it winds around the impression cylinders and the inking rollers. These breaks have to be immediately detected in order to prevent serious damage to the machinery, and after the press is brought to a stop the paper wound around the cylinders and rollers has to be removed as rap- idly as possible prior to threading the web through the machinery again. When this happens all hands are busy working as fast as it is humanly possible in order to get the press going again in the shortest possible time. At no time has the Pressmen's Union demanded more men on the presses because oi this increased speed. The change in condi- tions resulting from this great increase of speed of the newspaper presses actualfy warrants the Union demanding more men on the presses rather than the newspapers demanding a reduction. The Union has not presented such a demand, although it could have done so with justification were there any lack of confidence prompt- ing a resort to artificial bargaining, in order to maintain the status quo insofar as the size of the press crews is concerned. Specifically, the Union has refrained from presenting any such demand because 103 of its reluctance to disturb a long existing, stable condition, and its recognition of the flexible efficiency of the present systematic ar- rangement. The newspapers have secured all of the advantages resulting from improved machinery, thus taking care of their rapidly expand- ing business without increased labor costs. That can be attributed to the number of men at present comprising the press crews. In many instances, modern high speed presses have reduced the number of men employed to one-half, without any corresponding decrease in production. In other instances, production has been increased as high as 400% with corresponding increase of the number of men em- ployed of only 16 to 75% which, however, was not occa:sioned by increasing the number of men comprising the press crews, but was due solely to the fact that expanding business required larger and more presses. These facts all prove increased efficiency on the part of the men and show that any reduction in the present complemeitf of the press crews is unwarranted by the facts. To reduce the present number of men would result in over- work, hardships, inefficiency and greater work Tiazards. In the newspaper pressrooms of New York City the work has become constantly more intense and exacting. The number of editions have increased from two and three a day to as high as eleven a day, which necessitates the changing of plates for each edition and often requires the changing of every plate on the press. Frequently the size of the paper is changed during the day which also necessitates changing of all plates, as well as the paper rolls and fountain rollers and the making of numerous other adjustments. In addition to this replating, there is a fudge and red line on many of the presses. These must be adjusted quickly and accurately, as it has to register on a particular part of the paper left blank to receive its impres- sion, and is usually the last thing to be adjusted on the press before starting. If the work under varying conditions increases, which is often the case, the same high degree of efficiency is maintained, because of the systematic team work, the lack of any dissatisfaction or fric- tion, made possible only by the employment of at least the minimum of the present complement of the press crews. Each man has a post and specific duties to perform. The work of each dove-tails in and harmonizes with the work of the whole crew. Under the 104 existing efficient arrangement, each member of a press crew looks after a certain section of the press and performs certain other duties in connection with the preparation and operation of the entire machine. This automatically places responsibility for mistakes or neglect, minimizes accidents to the men and the machinery and ren- ders detection and prevention easier. The physical and mental strain upon the men,, the resulting fatigue, the lowering of the physical resistance and mental alert- ness is about all that the human physique can stand with the present complement of the press crews. Any reduction in the size of the press crews is bound to increase the hazard by accidents and sick- ness, especially when the physical condition under which the news- paper pressmen are required to work, is taken into consideration. Bad sanitary conditions are peculiar to the average newspaper press- room. Most of the newspaper pressrooms are in the sub-cellars of the buildings. In that location, it is absolutely impossible to secure any sunshine or daylight and very little pure air. These bad con- ditions which are seriously detrimental to the general health of the workers are further intensified by the nauseating fumes from metal pots, ink and oil and the dust from the paper with which the air that the pressmen are compelled to breathe is constantly saturated. The rapidly revolving machinery consisting of inking surfaces and numerous ink rollers, innumerable gears, wheels and pipe rollers, revolving rolls of paper and the slitters and knives used for the pur- pose of cutting the paper, cause the air to be constantly charged with these impurities. Breathed into the lungs of the workers, this foul air is gradually absorbed into the system and is the cause of impairing the health and lowering the vitality of all of the news- paper pressroom workers. The material furnished by the employer to clean the presses is a further menace to the health of the workers. This consists of old rags, mainly discarded wearing apparel, which is frequently furnished in a filthy condition. The Union has engaged Dr. Louis I. Harris, Director of the Bureau of Preventable Diseases of the Department of Health of New York City to make a study of the physical conditions of the newspaper pressrooms in order that we may scientifically determine just what effect those conditions and the nature of the work per- formed by newspaper pressroom employees have on the vitality of the workers. This study will sustain the contention of the union that no reduction in the size of the press crews can be made without 105 intensifying to a very dangerous point the existing hazards of news- paper pressroom employment. This study will be presented to the Arbitration Board in due time. In connection with, the demand of the newspapers for a reduc- tion in the number of men on the presses, the Union desires to call the attention of the Arbitration Board to Section 19 of the old con- tract, in which the newspapers had the right at any time to demand less men on the presses, and an opportunity to obtain the reduction that they are now demanding if they could prove that any improver ment in the pressroom machinery constituted, a labor-saving device and reduced the amount of work required of the press crews. This section has been in the contracts between the Union and the Pub- lishers' Association for the past twelve years, but at no time have they attempted to pursue their rights thereunder and either demand a reduction under that section of the contract, or prove that the number of men employed for the past twentyrfive years was in excess of actual requirements. This is further evidence that the Publishers' only idea of bringing up the question of decreasing the number of men on the presses at this time is to offset and detract from the demand of the Union for an increase in wages. THE FOLLOWING INSTANCES OF EXPANDING BUSINESS AND INCREASED PRODUCTION WITHOUT INCREASED LABOR COSTS ARE CITED TO PROVE THA'f THE PRESENT COMPLEMENT OF THE PRESS CREWS MAKES FOR EFFICIENCY AND THAT THE NEWSPA- PERS HAVE NOT AT ANY TIME NOR ARE THEY NOW IN ANY WAY EMBARRASSED OR AT A DISADVANTAGE, BECAUSE OF THE PRESENT NUMBER OF MEN EM- PLOYED ON THE PRESSES. NEW YORK TRIBUNE In 1914 the New York Tribune had a circulation of approx- imately 60,000 papers with an average of twelve pages per issue. This total average output at that time; was equivalent to 90,000 eight page papers and required a total of twelve men to operate the two presses. At the present time the circulation of the Tribune is ap- proximately 150,000 per day and the average number of pages is 24. This is equivalent to 450,000 eight page papers per day. Three presses requiring 21 men are used. The foregoing shows that pro- 106 duction in the pressroom of the New York Tribune has increased 400% over the production of 1914 and that the number of men employed to operate their presses at the present time has increased only 50% over the nimiber employed in 1914. IL PROGRESSO In 1915 this paper had a circulation of approximately 60,000 eight page papers per day. One press requiring six men for its operation was used. At the present time the circulation of the II Progresso consists of 100,000 twelve page papers which is equivalent to 150,000 eight page papers per day, for the production of which one press requiring seven men is; used. The foregoing shows in- creased production at the present time of 150% over the amount produced in 1915 and an increase in the number of men employed of only 16 2/3% over the number employed in 1915. NEW YORK MORNING WORLD In 1910 the circulaion of the Morning World consisted of approximately 350,000 sixteen page papers, which is equivalent to 700,000 eight page papers. For this production it required ten presses and a total of sixty men. In 1921 the circulation of the World was approximately 330,000 24 page papers per day, which is equivalent to 990,000 eight page papers. The circulation today is produced on ten presses with a total of seventy men. The increased production of the New York World calculated on the eight page basis is 42%. The increased number of men employed over the number employed in 1910 was 16 2/3%. EVENING TELEGRAM In 1914 the circulation of the Telegram was 110,000 and at that time four presses were used with a total of 28 men employed. At the present time the circulation of the Telegram is approximately 115,000. Only two presses are used now with a. total of fourteen men. Production is about the same now as it was in 1914, but the decrease in the ntmiber of men employed is 100%. SUNDAY WORLD MAGAZINE . In 1914 the Sunday circulation was approximately 470,000. For the production of the magazine supplement one press was used and 107 three shifts with an aggregate of thirty-eight men were employed. At the present time the Sunday circulation is approximately 700,000 which is produced on the same press with no increase in the number of men. Production has increased 50% while the number of men employed remains stationary. In 1914 the men employed on the Sunday World Magazine press were working five hours overtime per week. At the present time the men are working twelve hours overtime per week. An increase of only 7 hours per week in over- time work as compared to a 50% increase in production. SUNDAY AMERICAN MAGAZINE In 1914 the circulation was 700,000. One press employing three shifts of men was used. At the present time the circulation of the Sunday American is over one million copies and is still being produced on one press operating three shifts. There has been no increase in the number of men, but the production has increased more than 300,000 copies per week. Other economies that have increased production and efficiency and lowered labor costs in the pressroom is the fact that the in- creased number of pages permits full capacity operation of the presses, and the fact that all papers have increased the size of the pages from seven to eight columns. With the production of a 24 page paper, which is the most common in all New York newspapers today, the full capacity of a sextuple press is utilized. The widen- ing of the pages to eight columns has had the same result — 1/7 greater production and that much more efficiency without any in- creased labor costs in the pressroom. Both of the foregoing means of increased production without increasing the number of men employed have increased the average amount of work per press and for each man on the press crews. This change necessitated the use of wider and heavier paper rolls, plates and inking rollers, all of which has increased the physical strain on the workers. The saving effected -by the increased pro- duction can be better appreciated from the following comparisons'; The same amount of printed matter as an 18 page paper of seven columns in width, formerly requiring a sextuple press and a crew of seven nien, is now confined to 16 pages of eight columns in width and can be produced on a quadruple press with a crew of six men, a saving of the expense of one man to the office. 108 The amount of printed matter contained in 28 7-column pages and formerly produced on an octuple press requiring a crew of ten men is now confined to a 24 page paper of eight columns requiring a sextuple press and a crew of seven men, saving three men to the office. Thirty-six pages of seven columns formerly required a sex- quad press with a crew of thirteen men. The same amount of printed matter can now be produced in a 32 page paper of eight columns upon an octuple press, with a crew of ten men, saving three men to the office. Forty-six pages of seven columns forrnerly required a double sextuple press and a crew of fourteen men. The same amount of printed matter is now being produced in 40 pages of eight columns on a sex-quad press with a crew of thirteen men, saving one man to the office. DESCRIPTION OF A NEWSPAPER PRESSMAN'S WORK The making of a modern newspaper is unlike any other indus- try, inasmuch as it is necessary that while the work be accurate, it is also imperative that it be done in the quickest possible time, as the competition on the point of getting the news upon the street first is very keen between the modern newspapers. All the large metropolitan dailies vie with each other in their endeavors to excel in this enterprise, and thereby attract the attention and secure the patronage of the public ; the first out having an advantage over the others ; and on this depends a portion of the circulation. Each waits as long as possible for the very latest news. When the forms are finally closed, it is a continual rush until the papers are printed and out upon the street. Time lost in any other department by mishap or delay must be made up in the pressroom, and the pressmen have to work at an increased speed to get the paper out on time. If this were not done, trains would be missed, the mails lost, and the circu- lation decreased, or in the case of the city circulation the other papers would have what we call a "scoop." In either event it means loss of circulation. Every man must be at his post ready to work at his highest speed from the time the starter leaves the stereotype room until the papers are out on the street. The pressman, being aware of this, and being also imbued with the mutual interest he has with the other employees in the success of the particular paper on which he is employed, redoubles his efforts to make up, if possible, any lost 109 time in order that the papers may be circulated and sold in every locality and at any time they are in demand. When each man has one Section of the press to take care of, the work he is called upon to perforjn is even then one of the most nerve racking tasks, but if he is compelled to climb or jump from one portion of the press to another on oily or greasy running boards, and thereby increase the already dangerous position to himself, the nerve racking pace becomes almost unbearable. Pressmen are, however, human and, despite any belief to the contrary, have all the traits common to humanity. In this contest against time and endurance the realization of that community of interest of which they are an unappreciated part, impels them to strain their every nerve and fiber to any extent demanded. In his work the pressman has to contend with eccentric machinery and un- reliable materials. This combination of uncertain elements requires the closest application and attention in order to reduce to the lowest minimum the probability of delay and spoilage and often is the cause' of accidents to the men. This danger is not alone to the men, but to the machinery as well. In their haste to complete the work in one position, to get to that of another, pressmen are more liable to place a plate over a clip or margin bar, or not properly lock it on the cylinder, in either case causing a breakdown of the machinery which is liable to lay up the press for the edition, or even the whole day or a week. In such a case the pressman responsible for this mistake is either laid off for one or two weeks or sometimes discharged. To reduce the number of men would increase the chances of making such an error. It can therefore be plainly seen that to pro- tect ourselves against such mistakes, and thereby maintain our posi- tions against unwarranted criticism or discharge, it becomes neces- sary that we should have a sufficient number of men to minimize the danger of accident to both men and machinery, as in either case the pressman is the sufferer, regardless of what the employer may -say to the contrary. The Publisher may claim that the press belongs to him and it is he that pays for the repairs, but he does not pay the man while "he is laid off on account of the mistake ; neither does he pay the fel- low pressman for time lost while the press is being repaired; and 110 he cannot pay the man for the loss of a hand or an arm, nor the widow «and children for the loss of a husband and father. Under the present condition the rate of accidents to the mem- bers of the Pressmen's Union is enormous, it being a common say- ing among our craft "that in order to be a good pressman you must lose a finger or a hand or have been disfigured in some way." No better proof need be shown than a glance at the photographs that will later be presented to the Arbitration Board. A reduction in the number of men per press would greatly increase this rate, and would constitute an atrocious deed, causing misery to the pressman and his family. T Does the Publisher put the value of the few extra dollars he might pay for the number of men to efficiently operate his presses above the life and limb of the men employed thereon, or the misery and suffering caused to those dependent upon him for support? If he does, we do not believe this Honorable Board will agree with him — at least, we do not see how they can. Not only is the life and limb of the pressman in danger, but this nerve racking pace has its effect upon the health as well. Any reduction in the force must naturally increase the amount of work for the men retained and add correspondingly to the severity of the mental and physical strain already imposed. The effect of this increased burden would sooner or later undermine the health of even the most robust and eventually incapacitate him for manual labor. The dangerous character and arduous nature of the work may be better illustrated by a brief resume of what is required in the preparation, operation and re-adjustment of the presses. In determining the number of men necessary to operate a press, the following circumstances must be taken into consideration : First: The average amount of work done on each press and the length of time allowed to perform the same. Second : Complications of the machines ; exposure of men to injury. Third: Unsanitary conditions under which the work is performed. UNIT COMPOSITION OF PRESSES Newspaper presses are made up of a number of units; the 111 single unit being a press consisting in the main of two sets of im- pression cylinders, each set of cylinders being two plates cfr pages in width, and such single press being capable of printing four to eight pages. A double press is composed of two single presses and has twice the capacity of a single press. A triple press is three times as large and has three times the capacity of a single press. A quadruple press is four times as large and produces four times as much as a single press ; and the sextuple and octuple presses are respectively six and eight times as large as the single press. The maximum capacity of the octuple press is 64 pages. MAKING READY AND OPERATING THE PRESSES The press is plated ; the web or paper is led through the impres- sion cylinders, over pipe rollers and angle bars, and down the form- ers into the folding and cutting cylinders. Then comes the work of getting the paper rolls ready, oiling the innumerable bearings, and other work incidental to keeping the press in motion until the edition is off; the neglect of oiling causes a hot box. The breaking of a sheet will in a few seconds wrap around a cylinder and stop the press and is liable to cause a breakdown and necessitate the laying up of the press and the expenditure of considerable money for repairs. Here again it becomes necessary that a, sufficient number of men be employed to safeguard the interests of the employer and employees. While the press is being run, there must be a man at one sta- tion ever ready to shut off the power and stop the press in case of the breaking of the web or accident of any kind to men or machinery. It is necessary also to have tension men to give their undivided time to watching the several webs or sheets as they pass through the cylinders over pipe rollers and former down into the folder, so that the proper register of the side and head margins are maintained on all pages of the paper, making it possible to deliver good papers and not waste. All hands must be ever watchful and ready to shut ofif the power whenever the web breaks. The color must be adjusted (that is the flow of ink) ; this being necessary on nearly every edition as the character of the printed matter and makeup on the different plates used from time to time changes con- siderably, a half-tone cut appearing where on the edition previous there was reading matter of plain type. 112 The paper must be prepared ready for the press; the press properly oiled, and when the papers are printed and folded, they must be taken out in fifties and piled in bundles which are sent on to the mailing or delivery room. Thus you see there is plenty of work while the press is in operation. But before it can be started, ink rollers must be washed and adjusted, fountains must be filled and plates put on the cylinders. The folders must be taken care of and the margin trolleys and folding rollers set to properly control the webs while the press is in operation. In fact, the whole press must have the proper care so that trouble during the run may be avoided, as any one thing neglected is liable to either cause an acci- dent to the machinery or an injury to the man. , The time is so limited that it is essential that a sufficient num- ber of men be employed to do all this work incidental to the starting of the press in time to make the mails. The presses' are running at full speed within one minute of the receipt of the starting plate in the pressrooms. A shortage of men in any instance necessitates the neglect of the work for which the men are held responsible either directly or indirectly. This is clearly proven by the fact that all pressroom employees must be signed up to go to work ten minutes before the starting time and be on the floor ready to go to work on the minute. If they are not ready, they are laid off for the day or night and replaced by substitutes. Poor ink, poor paper, poor rollers and other inferior material are bad enough, but when that is coupled with a shortage of men, you will find a condition almost unbearable to both the publisher and the Union. COMPLEX MACHINERY— DANGEROUS WORK The modern newspaper press is one of the most complicated machines operated at the present time, consisting of a maze of the most delicate as well as the heaviest of mechanism. In order to pro- duce the rotary perpendicular, and lateral motions of the different parts of the press, at the requisite rate of speed for each par- ticular part to perform its function properly and in harmony with every other part, every known form of gear and mechanical device is used. The pressmen must have a thorough knowledge of these intricate parts in order to adjust and assemble them in their proper position, and the necessity of the pressman working about 113 this complicated machinery while it is in motion, constitutes a very great element of danger. Leading the sheet through the press is work that necessitates the utmost care. As the sheet is passed from the roll to the cylin- der, or from one cylinder to another, the man who is perforniing this work is at all times within a fraction of an inch of having his fingers in the press. It is therefore necessary that the strictest attention must be given to the work. Any shortage of men would also make this operation of a more dangerous character, as can be plainly seen by even the casual observer ; for it must be borne in mind that the sheets are led through the entire press by hand. If there are not enough men to be stationed at different parts of the press, some of the men would be required to climb from one por- tion of the press to another while their hands are inside of the press directing the course of the sheet. This would make it prac- tically impossible for them to see that their hands are at all times free from danger, as there are numerous sections of the presses in which the men are liable to have their hands caught. Newspaper presses are being conitinually 'improved. The "hurry-up" nature of the business demands higher speed and greater output, with the result that the presses used for the past decade are now largely replaced by these new high-speed machines. The great speed of these presses further increases the hazard and the mental and physical difficulties of a pressman's work, and is an additional reason why the present number of men should not be reduced. In determining the question it must be borne in mind that the most favorable construction possible be given to the arguments advanced by the workmen, as their opinion is obtained solely from actual physical contact with the work, while the employers' con- tention is based upon reports made to them at their offices and principally from a theoretical standpoint. HAZARDS OF UNSANITARY CONDITIONS The conditions and circumstancas surrounding the men while employed at their work, the effect it has upon their strength and vitality, are elements which must be taken into consideration in determining the number of men and the possibilities of injury , to men while at work on these presses. 114 When a number of men are required to perform a given amount of work, it must be borne in mind that after the men have been working a number of hours, a great part of their strength and vitality is lost, and that they are more liable to make mistakes and cause injury to fellow workmen than before. It also follows that a reduction in the number will materially increase this liability of employees causing injury to their fellow workmen. Also, a greater number of men is needed to do any given work if their energy is to be sapped by the breathing of impure air, resulting necessarily in a lack of strength and vitality. The correctness of the foregoing will be amply proven by the study and report of Dr. Louis I. Harris, previously referred to. Like every other line of business, there are moments when a pressman can be somewhat at leisure. The office, no doubt, has observed that some of their pressroom employees take advantage of these temporary breathing spells to recover from the consequent exhaustion of vitality in doing the rapid heavy work required of them. If they avail themselves of this brief moment of relaxation in order to regain a normal physical and mental equilibrium, we submit that it is not a good reason why the force should be reduced. Is it not so in other lines of business ? Is it not fair ? Or will it best serve the interest of employer and employees if the number of men to be employed were basd on the actual amount of labor done in those leisure moments? We might illustrate many instances where such is not the case — for instance : A train crew composed of engineer, fireman, conductor, trainman, brakeman, baggageman, are not required to give continuous, uninterrupted application to their work. They have considerable leisure time, but still it is absolutely necessary they should be there. The same could be said of innumer- able other occupations. The work of any employees at any trade was never intended to be a contest of endurance. Trained athletes who contest for physical supremacy in the prize ring are compelled to rest at regular intervals in order to recover from the effects of their exertions. This is a humane regulation which we submit should not be denied to the mechanic working for a living, and fespeciajly to a pressman whose work is done in surroundings that are not healthful. The character of the work, the location and at- mosphere of newspaper press rooms demand some opportunity for recuperation, and is a very good reason why the present number of men should at least not be reduced. When there is an element 115 of danger, work should be done in a manner that will assure the workman that it has been done properly and thoroughly and with a reasonable degree of safety. Pressmen cannot have this assurance if an insufficient number of men are employed. The one discouraging thought with which most employers seem to be obsessed, is that science improves machinery solely to curtail operating expenses, increase profits, and reduce the opportunities of their fellow citizens and employees to continue earning their live- lihood at the calling to which they have given the best part of their lives. Property rights are held to be more sacred than human health and life. Seldom has the application of science to the improvement of machinery resulted in a boon to the workingman. Commercialism will allow no humane conception of how civilization should advance as a result of scientific improvement. The lighten- ing of the workingmen's burden, in order that he may conserve some of his energy to better meet his civic and social responsibilities, is rarely given a thought. He must keep his nose to the grindstone and serve up just so much, and more if possible of his energy, than his predecessors have, in order to satisfy his employer and hold his position. We believe that Providence intended that humanity should enjoy some of the blessings conferred by science ; that the develop- ment and use of Nature's power and resources was intended to afford opportunities for men to devote more of their time and energy to their own uplift, to the end that society will ultimately reach that goal of higher civilization to which we are slowly but surely advancing. TRANSFER OF PRESS CREWS Transfer of men from press to press. As indicated in our preliminary statement the transfer of crews from one press to another whenever there is a breakdown of machinery or under extraordinary conditions over which the em- ployer has no control has never been objected to by the Union, and that, other than under those conditions the rule preventing the transfer of press crews is generally accepted and has become a prevailing practice. 116 To discontinue this practice and allow unrestricted shifting of the men is impractical, would cause confusion, lessen efficiency, create an unnecessary hardship and increase the hazards of employ- ment. In fact many things might happen which would become an abuse. A single crew could be held late or ordered in before the regular starting time to do all of the dirty work on all of the presses, such as the cleaning of the oil and ink and the washing of the rollers and inking surfaces. The same is true of a locomotive engineer who becomes accus- tomed to and expert in the handling of a certain locomotive, or a chauffeur experienced in driving and keeping in good running order a certain type of automobile. If they were constantly shifted to other machines in the handling of which they were unaccustomed, it would lower their efficiency, disturb their mental composure and render accidents more likely. All machinery has to be humored and, to get the best results, men who know its peculiarities must be engaged in its operation. In most cases men are assigned to and remain attached to cer- tain presses. This makes for greater efficiency. All presses are not exactly alike in construction or arrangement. In fact, even those of identical pattern do not all act alike. Being eccentric machinery, composed of many intricate parts, each press develops its own pecu- liarities with which the regular crews become familiar. To suddenly change the crews from one press to another under those conditions would not only cause no end of confusion and dissatisfaction but might tempt unreasonable executives to drive the men to greater efforts and quicker movements, thus further increasing the hazards of an already dangerous employment. There is far too much hustle and bustle to the work in a news- paper pressroom as it is. Newspaper production is of such a hurry up nature that the men cannot take the ordinary and usual precau- tions to insure safety. They cannot work leisurely without seem- ing to be holding back or slacking. There is a time schedule for the co-ordinate operation in the production of a newspaper in each department. Delays and mishaps are frequent, all of which lessen the time and increase the necessity for more speed in the pressroom, where all lost time and all imperfections and mistakes of other departments must be made good. 117 HOURS OF NIGHT WORK To increase or in any way change the hours of the night shift would greatly intensify the hardships and hazards of newspaper pressroom employment. The six continuous hours of night work as now fixed, are ample and should remain as the maximum, con- sidering the nature of the work, the mental and physical strain, the resulting fatigue and increasing danger of injury as the time of continuous work increases. The deafening noise and its effect on the nerves, the eye strain from the artificial light, the impurities in the air, poor ventilation and general bad sanitary conditions. Eye strain is a common complaint of the newspaper pressman, caused by constant watching of the sheets and the inking rollers when the press is in operation. The structural character of the modern newspaper press pro- vides numerous dark nooks, creating distorting shadows to furher intensify this eye strain. The study which we will present later will dwell upon these conditions and show why, from the standpoint of proper protection of health, the present night hours should not be changed. Night workers are subjected to all manner of inconveniences. Tbey are compelled to lead an unnatural existence and deprive themselves of all the comforts and softening influences of family association. We quote the following excerpt from the brief pre- pared by Supreme Court Justice Louis D. Brandeis in "The People of the State of New York vs. Charles Schweinler Press in 1914," to show his convictions as to the general detrimental effect of night work: "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 only in sleep at night. "The degree of fatigue developed was greater during the night shift than during the day. In the forefront of the eflfect 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. "Workers who are employed at night are inevitably deprived of sunlight. Scientific investigation has proved that the loss of sun- light is injurious in two ways: First. It results in serious physical 118 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. Sec- ond, 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. "It has also been shown that animals kept in the dark without sunlight suffer a loss of the red coloring in the blood. The same is found true of night workers who are deprived of sunlight, impov- erished blood is one of the main symptoms. "Night work often results in life-long 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 lessened the vitiation of the air due to gas lighting, 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. "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." The Union has always experienced much greater difficulty in supplying men for the night shifts than it has for the day shifts. The Union's proposition for a six hour night includes all nights in the week and eliminates the two extfa hours on Saturday night. LUNCH PERIOD The newspapers demand a change in the lunch period regula- tion so that the presses can be kept in continuous operation, thus avoiding the shutting down of the presses for that purpose, and that the men should get their lunch one ot two at a time. This would cause the men to relieve one another and still further add to the burden of the work by causing some one man to try to do the work of two men until this proposed relieving process was com- pleted. It would take three' full hours and a half for a crew on a sextuple press to get their lunch and five hours for an octuple press crew. This would force some men to eat their lunch before they had any desire to partake of food and others to wait an unreason- 119 ably long time for an opportunity for refreshments or else, in either case, cause them to go without food. Any such irregular method of adjusting the lunch time would be an added menace to the health of the workers and a further serious sickness and accident hazard. 120 REPORT OF AN INVESTIGATION OF WORKING CONDITIONS AS THEY RELATE TO THE HEALTH OF PRESSMEN BY LOUIS I. HARRIS, Ph.D., M.D. Author of Section on Industrial Hygiene in "Public Health and Hygiene," edited by William H. Park, M.D. Lecturer, Industrial Hygiene, New York University and Bellevue Medical College; Lecturer, Industrial Hygiene, Teachers' College, Columbia University; Lecturer, Industrial Hygiene, College of Physicians and Surgeons. 123 KEPORT OF AN INVESTIGATION OF WORK- ING CONDITIONS AS THEY RELATE TO THE HEALTH OF PRESSMEN The following is a report of working conditions found in the pressrooms of newspaper publishing plants operating in the City of New York. The writer was engaged by the New York Newspaper Web Pressmen's Union 25, to make this investiga- tion, and to present a report embodying the facts with relation to conditions that were found in the pressrooms, insofar as they relate to the health of workers. The investigation was made during the week beginning January 16, 1922, and embraced the following establishments : The Evening Telegram The Tribune The Herald and Evening Sun The Evening Mail The World The Standard Union The New- York American The Brooklyn Citizen (Three Departments) The Morning Telegraph The Times Il-Progresso The Illustrated News Neo-Rotogravure Press The Globe The Staats Zeitung and Herold The Brooklyn Daily Eagle By way of preliminary, it should be stated that although the writer and retained by the New York Newspaper Web Pressmen's Union, the facts embodied in this report are as ac- curate a record of conditions in the pressroom, as it has been possible to make without bias or partisanship. The conclusions derived from these facts are offered with studious regard for accepted and authoritative views on the subjects which are dis- cussed. The facts reported relate to conditions that exist at the present moment, and can, therefore, be verified. Likewise, so far as possible, authorities are cited in each instance where com- ments or conclusions are offered on conditions as they were observed. The pressrooms named above were selected because they were said to represent the very best and modern shops in point ■of construction, equipment and management; also, they repre- sent some of the very worst. The total number of presses in 125 the shops which were investigated was 90, or, in other words, they represent 75 % of the total number of presses in shops affili- ated with the Newspaper Web Pressmen's Union. The total nunjber of men employed in. the pressrooms which were in- spected was approximately 75% of the total number of union pressmen in the city. Therefore, the investigation, though limited in certain particulars, because of the lack of time, was a comprehensive and thorough one. VENTILATION The majority of the pressrooms visited are situated in base- ments, or even two or three floors below the street level. In the pressrooms so situated, with every few exceptions, there were none that had direct communication with the outer air, for purpose of ventilation, by means of window transoms, air- shafts, or other similar devices for aiding natural ventilation. Even where windows were found to be present in the pressroom, they were not open at the tirtie the inspections were made. In fact, the investigator was informed everywhere that the opening of windows, transoms, or other devices for ventilation, was pro- hibited, especially during the winter, because the cold air enter- ing the workplace retarded the revolution of the rolls of paper in the presses, causing the sheet of paper to be adherent to the roll and thus hampering the process of mechanically enrolling the paper. Omitting the Neo-Rotogravure Press for the time being, there are six pressrooms which were situated on or above the street level, or only moderately blow that level. In only one of these pressrooms, was a transom or window found open, and tjien only before the presses were started. In three of the six pressrooms which had windows that could have been made to open to the outer air, the windows, although of very limited area, were clean enough to admit light. In the remainder of these six shops situated near the street level or above it, the windows were not only wholly abandoned as a means of secur- ing ventilation, but they were thickly covered with an accumu- lation of ink, oil and paper dust, or they were boarded up. In still other cases, where- the panes of glass were missing, - news- papers or rags were stuffed into the open spaces to exclude air from entering the pressroom. With the exception of four press- rooms situated in sub-basements which had provided a mechan- 126 ical system to aid ventilation, — although, in every instance, the mechanical system was either inadequate or unsatisfactory — all other places whether situated near the street level or above it, were lacking provision for natural or artificial ventilation. Prac- tically every one of these establishments was dependent for ventilation entirely upon currents of air which might perchance find their way into the press-rooms through roundabout chan- nels or through the casual openings of doors or exceptionally through elevator shafts. With scarcely an exception, as one entered the pressroom, one was forcibly struck by the oppressive warmth prevailing in the room, and by the apparent stuffiness of the air, which combined with impurities, such as ink, oil and paper dust, caused one to experience a decided sense of rawness and irritation of the nose and throat. A person not accustomed to this environ- ment would naturally be more keenly aware of the conditions. In the majority of instances, the heat generated in the pressrooms from the operation of the presses and from the lack of ventilation, was added to considerably by the process of stereotyping, which was conducted either in a space set aside in the pressroom or in a room which freely communicated with the pressroom. The heat maintained in the stereotyping ma- chine is six hundred degrees Fahrenheit, or over. In addition, even though suction devices are attached to these machines, the fumes of molten lead were liberated and entered the pressroom in varying degrees. When plates, or lead scraps more especially, are put into the melting vat, the fumes are are generated are not only highly irritating to all who may be at work in the pressrooms and stereotyping rooms, but the danger from lead poisoning even among pressmen who handle lead only to a very limited extent, is added to the discomfort and dangers from poor ventilation. In a number of pressrooms, there was a dis- tinct and oppressive odor arising from the old rags which are stored in considerable quantities and used to clean the machin- ery and to dry the hands of working men. These old rags, though they had apparently been subjected to a crude process of washing in most instances, gave forth a sickening odor, characteristic of rag and junk shops. In a few instances, a heating table which is used in the preparation of the matrix in connection with the stereotyping, 127 is heated by means of gas flames, and these tables may be pres- ent in the pressroom, or in a room which freely communicates with it. In such instances, there is generated a certain amount of carbon monoxide in quantities sufficient to add to discomfoirt and possibly to cause mild symptoms of carbon monoxide poi- soning, especially in view of the fact that practically withoi;t exception .pressrooms 'are unprovided with means for ventir lation. Reference has been made to the fact that in some instances ventilation, so far as it is naturally provided, depends upon the casual opening of a door for bringing rolls of paper into a press- room, or for other purposes, or depends upon the draft of air which may enter by means of an elevator' shaft. In such in- stances, and during the winter season in particular, the workers, whose posts may be near such doors or shafts, are exposed to- cold and powerful drafts of air, which even though they may be experienced for a minute or two, may be decidedly hazardous to men who have become overheated or who are in a perspira- tion from physical exhaustion. Upon the basis of experience with similar conditions, it is entirely reasonable to assume that workers exposed to siich cold currents of air, especially when they are overheated, are particularly predisposed to the de- velopment of pneumonia or other respiratory diseases. In one pressroom the men attempted to shield themselves by suspend- ing a heavy sheet from the presses to serve as a shield against incoming drafts. It has already been stated that aside from the exhaust de- vices for removing the lead fumes, which are provided in the majority of shops, connected with the stereotyping melting vats, there were only four pressrooms in which a mechanical venti- lating device was provided for the pressroom itself. In three of the establishments so equipped, the mechanical device con- sisted of a blower system with vents or ducts which were ap- parently insufficient in number to deliver a sufficient volume of fresh air for the purpose of properly ventilating the entire press- room. In the fourth establishment, a number of ducts or vents for discharging a supply of air into the pressroom, were ap- parently sufficient in number, but they were so placed as to- create a strong current of cold air which was discharged close 128 to some of the working men who were overheated and who stated that they were made frequently ill from this cause. On this account, the openings of a number of these ducts were obstructed and placed out of commission. In fact, in the other pressrooms, which were provided with mechanical blower devices, a complaint was made.^and apparently seemed justified, that the current of air was discharged at such a point in the pressroom as to subject certain employes who were assigned to posts near the topmost point of the presses to a chilling cur- rent of air, while the workers below and in the room generally derived little or no benefit from the inadequate supply of air brought into the workroom. A balanced system of mechanical ventilation, that is, one consisting of devices for blowing air into the room, together with devices for extracting contaminated air from the room was nowhere in evidence in the course of .this investigation. Even in some of the most recently constructed establishments, the pressroom was built two or three floors below the street, and the sole means of ventilating such press- rooms were the inadequate or insufficiently placed blower de- vices already described. The writer of this report, although he has visited and studied a very great number of industrial estab- lishments in which extra hazardous work was conducted, has encountered few such establishments in which even the primi- tive and fundamental requirements of ventilation seemed so generally and almost completely ignored. The air in the press- room is not only excessively warm even in the winter season, but it is also contaminated by the paper dust which is liberated in quantities sufficient to form a heavy covering on machinery and walls and furniture within a few hours after they are cleaned. Furthermore, cylinders as they revolve apparently throw off a very fine spray of ink, which causes blackening or at least a darkening of light objects which may be within the room in the course of a few hours of pressroom operation. Added to the odor set free by the rags in the pressroom, by the ink, and paper dust liberated into the outer air, there is a smell of super-heated oil resulting from the friction of machinery. In addition to these factors, as well as to the heat generated by artificial lights, which are employed in every pressroom, day as well as night, it was found that dry sweeping was practiced everywhere, and was conducted with relative frequency during 129 the course of work in the pressroom. In a few instances, lead dust from the stereotyping, which was conducted in the same or in an adjoining room, as well as lead filings, were present on the floor of the workroom and were swept up, to be inhaled with other forms of dust by the workers in such room. With but four exceptions, the places investigated had toilets which aside from other defects, were absolutely without any window or ventilating device of any kind. The writer wishes merely to record the facts which were observed with reference to ventilation of pressrooms and will not discuss the obvious although usually unrecognized results of such working conditions upon the health and safety of the workers, until certain other essential featut-es connected with the health conditions in pressrooms will have been described, so that the assembled facts may be considered as they singly or jointly affect the welfare of pressmen. There are two outstanding reasons for stressing the con- ditions in the pressrooms insofar as relates to ventilation. First, from the standpoint of sickness, and second, because of their re- lation to accidents. Volumes of statistical data have been accu- mulated both here and abroad, which conclusively prove the in- timate relation between ventilating defects, to sickness and ac- cidents. In a report submitted by the New York State Factory Investigating Commission, it was brought, out forcibly that heat and humidity were both found to be excessive in the pressrooms that have been studied. While a great number of writers like Hayhurst, Kober, and Sir Thomas Oliver, have testified, as the result of intensive study and prolonged experience, to the pre- disposition to respiratory disease which is brought about by dusts of various type, as well as by successive heat, humidity, and other defects in ventilation, no better evidence of the tragic results of such defects in ventilation could be presented than is to be found in the classical study by Df. Frederick L,. Hoffman, Third Vice-President of the Prudential L,ife Insurance Com- pany, in Bulletin No. 231 of the U. S. Department of Labor, entitled "Mortality and Respiratory Diseases in Dusty Trades," In the course of a special consideration of mortality and disease liability of pressmen, Hoffman quoting Arlidge, calls attention to the severe physical exertion to which printers are 130 subject, the noise of the machines, the constrained postures, and the effects of ventilation, and then, quoting general medico- actuarial experience in connection with 9,987 deaths of journey- men pressmen, he shows that between the ages of 15 to 29 years, there is an excess of 23% of deaths from all causes, as compared with the general population. From 30 to 39 years, the percent- age of mortality falls somewhat below the normal, namely to 83%, to rise steadily and to attain a very considerable height as the age of 50 is approached. In discussing the mortality from pulmonary tuberculosis among pressmen, he showed that from the age of 15 to 24 years, pressmen had a mortality of 42.9% as compared with 27% for similar age groups among the general male population of the same age. In pressmen, 25 to 44 years of age, 47.7% of all deaths were due to pulmonary tuberculosis, as compared with 30.5% for males of the same age group in the registration area. From 45 to 54 years of age, the deaths due to pulmonary tuberculosis was 20% among pressmen, as com- pared with 14.7% for the males of the same age in the registra- tion area. From 55 to 64 years, the percentage of deaths from tuberculosis was 11.1, compared with 7.9. In Bulletin No. 207 of the U. S. Department of Labor, Dr. Dublin, the Statistician of the Metropolitan Life Insurance Com- pany, gives virtually the same figures. In 1917, Wynne and Guilfoy published a special report on "Occupation and Mor- tality in New York City," showing even more strikingly that in New York City with which this study is especially concerned, the mortality rate from pulmonary tuberculosis among printers was very greatly in excess of that of other occupations. Re- membering that the statistical experience for printers as a class holds true for pressmen, as pointed out by Dr. Fred. L. Hoflf- man, it is significant that of these deaths among printers under 24 years of age, 53% were due to pulmonary tuberculosis, whereas the general death rate from pulmonary tuberculosis among persons of the same age group, was 33.6%. From 25 to 34 years, priflters showed a tuberculosis mortality of 66.6%, against 33.5%, for the general population of the same age group. When it is recognized that pulmonary tuberculosis is the yardstick or index by which one may to a very considerable degree measure the hazardous character of occupations, it is apparent at once that the enormously increased death rate from 131 pulmonary tuberculosis among pressmen, reflects the insanitary and hazardous condition of their industry. It is especially to be remembered that by a process of natural selection and elimi- nation, weaklings do not enter upon the arduous work of press- men, or if they do, very quickly leave the trade or are elimi- nated. The high death rate from tuberculosis, pneumonia and cardiac diseases, which is to be found among pressmen, rep- resents therefore the injurious influence of occupational con- ditions, even though those who enter this particular occupation, are apparently of more than average strength and physical fitness. To summarize the significance of the mortality statistics relating to pulmonary tuberculosis among pressmen, it should be pointed out that about 40% of all the deaths, taking the age groups by and large, are due to this cause, whereas the propor- tion of deaths from pulmonary tuberculosis to all other causes of death among males in the registration area, is only 13%. In other words, ignoring the age group classifications, we find that deaths from pulmonary tuberculosis among pressmen, are about three times more numerous than among the general population of occupied males in the country. Table 1 gives a most striking contrast of the influence of occupations as they affect the tuberculosis death rate of printers and pressmen, as compared with the hazardous trade of miners and quarrymen and with bankers. Table 2 is very eloquent of the ravages of tuberculosis among pressmen in that it shows that they have an average number of deaths from this cause in all ages over 15 years, exceeding even that of some of the most hazardous industries known. As already indicated, the mortality rate among pressmen is not only very greatly increased above that of the general population, because of pulmonary tuberculosis, but it also shows a very marked excess from other causes, such as lobar pneu- monia. The exposure of men to the overheated atmosphere of the pressroom, as well as to drafts from elevator shafts, from which they are either utterly unable to protect themselves, or do so ineffectively, undoubtedly predisposes to the development of lobar pneumonia, which is found to be much more marked 132 among pressmen than among others, as reference to the study- by Wynne and Guilfoy already alluded to, as well as other studies will show. Possibly the most striking study of the effect of occupation upon longevity is that which is to be found in Bulletin No: 207 of the U. S. Department of Labor, page 32, where Dublin shows that the average age of printers and pressmen dying from pul- monary tuberculosis was 33J^ years ; that the average age at the time of death from organic diseases of the heart was 48.2 years ; and that the average age of printers at the time of death, taking all causes of death into consideration, was 40.2 yekrs. This corresponds very strikingly to an examination of the 130 con- secutive deaths among pressmen affiliated with the New York Web Pressmen's Union 25, which showed that the average age at the time of death was 41.7 years. TABLE 1 (A table showing the relative hazard from pulmonary tuber- culosis in various occupations) MORTALITY FROM TUBERCULOSIS IN CERTAIN OCCUPATIONS IN THE REGISTRATION STATES FOR THE AGE OF TEN YEARS AND OVER 1900 Deaths per Occupation 100,000 Marble and stone cutters - _ - _ S40.S Cigarmakers and tobacco workers 476.9 COMPOSITORS, PRINTERS and PRESSMEN 435.9 Servants _ _.... _ _ 430.3 Bookkeepers, clerks, and copyists 398.0 Laborers (not agricultural) _ 370.0 ALL OCCUPIED MALES 236.7 Steam railroad employees - 129.8 Clerjgym'en .„ _ _ 123.5 MINERS AND QUARRYMEN _ _ 120.9 Farmers, planters and farm laborers 11 L7 Lumbermen and raftsmen _ 107.1 BANKERS, BROKERS AND OFFICIALS OF COMPANIES 92.1 133 to to 3 Efl Q §- u o 1 cS 4-> u 1^ •a u c o i3 a V. ■fH cd kl Id V V a G »< ■ ■H M F-H O .2 •a S g o cd Bl U-) c a. & '— ' n! d 3 u O O O ^ C4 "1 3 .s CO < pq Id Ln g Q 2 :2 d o :$ ■M 1 O in H ro ■*-> o ss +5 "WJ. 09 u 1 ^ « CM n) , V Ui P H-* S I rt o I I I \n I IT) T3 (U O 01 O l-H 3 u l-l o .a 3 H CI O i-i PLh ta O cd lYTO O On Q <— ; O "S t-^ T-< f'i ON 001^ tv 00 Onio tx5 o od ^ r^ ■^" o ■ iH ■M m 3 u u o O "O t> "^. 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OO';); 1 On -^ CO ■ CM CO CM ■ ON In. «> i NO NO On OOtI-O dONO aj en a • ■ o id ■ CO ON id ■ CO CO •CM 1 ^ ' ^ 1 o^ l-H . 1-^ Tt CO CO ^ • NO i "1 i 1 I \ ^ i CO i i i ^ i CM JNO O n fi -rj en -5 n! o tn (U tn tn u S2 O pmS o ^ S" In •SOS'S H "' n q1 to r; tn ^ ^ tn y tn "tJ P. ni tn U li •M O a ^ o S (o O^ in Stn O C3N CM CM CO NO o NO CO t\i •a a a o j5 " w Ah.S pq O Ph 0) a ri ii bjo o 43 s in -. Lacerated face and eye Blood poison -,- Two fingers cut Two fingers amputated -' .. Two fingers amputated Two fingers amputated Right hand amputated Hernia Blood poison Crushed fingers :171 £.... Name Livingston, S. Lewis, Abe Lent, Ralph Loungheim, George Leonard, F. Leonard, James Leath, E. Looney, Irving Lynch, John J. Lamer, I. Lynch, L. Leahy, J. Leath, P. Levine, George Levine, Louis Lamb, Joseph Lawrence, Peter Leonard, Joseph Langstaff, J. Lynch LaRocco, W. Larney, P. Lowe, C. Leonard, James J. Loebig, Edward Larkins, Daniel Laverty, James Lavin, Harry Langan, James Loughlin, J. La Rocco Monohan, Raymond Maxwell, John Meyer, Louis Meyer, William Maloney, John S. Manwarring, R. May, James Monahan, F. Maloney, John Mackin, William Marr, Thomas Injury Received Hernia Wrist smashed, finger lacerated Blood poison, finger lacerated Smashed toes Crushed toes Smashed toe • Shinbone fractured Two fingers amputated Smashed foot, three fingers amputated Lacerated fingers Hernia Mangled hand, burned Finger amputated Finger amputated Foot crushed Blood poison Both hands crushed Blood poison Lacerated finger Lacerated finger and foot Lacerated thumb Sprained back, injured hip, sprained ankle Crushed foot Broken toes, three fingers lacerated, thumb broken, rupture Hernia Hand crushed Hernia Blood poison Lacerated and mangled hand, nail tonl out Broken toes Broken nose Two fingers amputated Fractured toe, sprained back Broken toe Lacerated leg Lacerated hand Two fingers amputated Compound fracture of fingers, blood poi- son Sprained back Hernia Crushed finger, lead poison Broken fingers 172 Name Marr, David Moritz, Edward Micheals, John Muschett, A. Mathewson, F. Moran, Jolm Murphy, J. Murphy, Felix Maloney, A. Maloney, William J. Moran, F. Meinery, R. Martin, J. Moran, James Murphy, A. Metz, William Murphy, John Maher, James Monohan, James Menger, William Manson, R. Mathers, Louis Moriaty, Eugene Mullins, J. Marr, J. Mayer, S. Muller, A. Murphy, L. Meirs, John Mack, William Mills, Henry Moore, John Murbott, J. Moran, Hugh F. Malady, John Maul, Walter Monoghan, Edward Monticarlo, M. Miller, Charles Mazzie, Robert Muller, G. Moran, Howard Mooney, Bernard McBride, Joseph McFarland, Edward Injury Received Injured knee Lead poison Hand lacerated Hernia Right hand amputated Hand severely lacerated Two fingers amputated Broken knee cap and toe Finger amputated Laceration of hand Blood poison Three fingers amputated Hand mangled, one finger amputated Fractured ankle Finger amputated Finger lacerated Died from injuries received Four fingers amputated Died from amputation of arm Strained ligaments of leg Blood poison Finger amputated Contusion of left elbow and spine Hernia Contusion of hip Nose badly disfigur.ed Head and back injury Laceration of right hand Hip and limbs bruised Lacerated fingers Lacerated fingers, broken fingers and ribs Fingers crushed Fingers crushed Hernia Crushed foot Lame back, tuberculosis Hernia Lacerated finger Scalp wound Sprained back, top clip of finger, chipped bone at elbow Scalp wounds Finger amputated, blood poison Toe amputated Thumb amputated Nails torn from finger, lacerated hand 173 Name McClenahan, W. McDonald, F. McCool, John McDoughall, William McErnuney, Thomas McCarthy, William McGuire, F. McCooey, M. McCormack, B. McGuire, William McGinty, James McClenchy, Thomas McGinnly, William McCarthy, R. McCarthy, J. McCormack, J. McGrath, D. McLay, J. McCormack, J. McCoy, C. McCoy, C. McGovern, B. McBride, J. McKenna, Robert McCann, Lester McMahon, William McSherry, William McCollough, T. McCrorry, Harry McKee, James McGuinness, E. McCormack, H. McKenna, H. McGinty, J. McMurray, D. McGee, J. McBride, J. McNulty, R. McArthur, Edward McKenna, D. McNulty, H. McLaughlin, C. McCarthy, E. McGowan, J. McClane, Thomas Injury Received Lacerated foot, loss of nail Tuberculosis Lacerated finger Lacerated hand and foot, broken finger Laceration of hand Lead poison Foot crushed Fractured foot Smashed finger and arm Lacerated fingers Hand crushed Part finger amputated, hernia Wrenched leg Lacerated thumb, hernia Scalp wound, two bruised elbows Bruised tendons of knee Lacerated finger Toe crushed Laceration of face about eye Scalp wounds Four fingers amputated Fractured rib Thumb amputated Finger crushed Torn ligaments of legs Finger amputated Finger lacerated. Ends of two fingers amputated, other two stifif Right foot fractured Left foot broken Finger amputated Injured elbow Injured wrist Fractured hand Two fingers amputated Hand mangled Finger amputated Hand burned Lacerated arm Lacerated face Foot crushed Lost palm of hand Scalp wound, hernia, blood poison Contusion of instep Infection of eyes 174 Name McCoy, Charles J. McDonald, Arthur Naggi, L. Naggi, B. Newman, Thomas Nulty, J. Needham, John Noonan, J. Noonan, William Neidhardt, R. Nixon, J. Nokes, George NichoUs, Herbert Newman, John Nissensohn, Harry Newhaller, Albert Newman, E. Nixon, Herbert Neale, C. Nissensohn, Harry O'Brien, Michael O'Conner, George O'Connell, Thomas 0'Connell,F. Orr, Patrick O'Hare, J. Owens, T. Olsen, K. O'Conner, F. Olsen, T. O'Connell, P. O'Toole, T. J. O'Coimell, Eugene Ornberger, F. O'Neill, J. Orr, W. D'Dee, Edward O'Brien, T. O'Man Platz, John Platz, Harry Powers, James Pinkham, George Peterman, Charles Injury Received Mangled^ hernia, scalp wound Injured leg Two fingers smashed Tops of two fingers amputated Two ribs fractured Finger amputated Lacerated finger Blood poison Laceration of thumb, scalp wounds Laceration of finger Died from foot injury Lacerated chin Scalp wound, broken finger Sprained back, blood poison Permanent injury to back Laceration of hand Fractured knee cap Injured elbow Contusion of head, lacerated index finger Burned back from defective wire Injured leg Smashed finger Broken fingers Fingers amputated Lacerated hands Index fingers smashed Arms sprained from elbow to hand, lacerated thumb Lacerated finger Contusion of head Blood poison Lacerated finger Dislocated shoulder Hand crushed Lacerated hand, lead poison Hernia Sprained ankle Contusion of head, fractured ribs Lacerated hand Crushed finger Lacerated hand Arm amputated Right foot badly crushed Hand lacerated, partial loss of use Fingers crushed 175 Name Pretorious, C. Parcell, S. Parcell, J. Paterman, L. Paterman, J. Parker, C. Paige, P. Pierce, William Pike, William Peter, Charles Pf eiffer, William Pfister, Louis Prata, Julius Pantano, F. Portleir, T. Pedgeon, George Perry, J. Pease, Harold Powell, Theo. Quigley, Thomas Quinn, J. Quigney, Patrick Riddle, Al Riddle, Edward Ryan, J. Roundtree, J. Ryan, John J. Richey, Joseph Rommens, L. Ryan, Dan C. Russ, William Rosenthal, D. Rickenbach, G. Rowe, James Rayder, Charles Rosenthal, Jesse Rosenbloom, David Routh, Edward Ross, B. Reilley, Philip Ryan, W. Racheford, J. Injury Received Fingers amputated Lacerated finger Top of finger amputated Hand amputated Thumb smashed Sprained wrist Three fingers lacerated Broken leg and sprained back Four stitches in lip Sprained wrist and leg Three fingers amputated, stiff wrist, in- jured knee cap Flesh torn from right hand, three ribs broken Crushed and bruised arm, fractured toe Lacerated finger Dislocated shoulder Nervous breakdown, blood poison Two fingers amputated Lacerated hand Lacerated hand and leg Lacerated finger, lead poison Rupture Lacerated arm, lead poison Lacerated fingers Lacerated' arm Foot crushed Hand crushed Smashed fingers Lacerated scalp, lead poison Sprained knee Sprained ankle, broken wrist, bruised fingers Finger amputated Fractured toe, lead poison Sprained back Sprained ankle, compound fractured foot Blood poison Blood poison, smashed finger Blood poison Strained back, lead poison Index fingers Left hand ainputated Knee cap broken Left arm lacerated 176 Name Reilley, Dan Ryan, W. Roselle, H. Rice, H. Reilley, J. Robinson, G. Rapperport, D. Russell, J. Robinson, George Ruth, G. Rittenhouse, H. Rizzo, J. Rohmer, William Radice, T. Rosenthal, Isaac Roth, Al Reddy, Frank Roberts, W. J. Rowan, J. ReiUey, Pat. Reilley, George Rosenberg, S. Rew, F. Rich, Eugene Reilley, Pat Rommens, W. Riorden, J. Radice, A. Redmond, E. Robbins, H. Rosenberg, A. Sheppard, C. Simons, David Smith, Alexander Slevin, John Sheedy, Michael Seigal, Alfred Sullivan, George Sullivan, Joseph Stuhlman, Charles Schayer, Theo. Schayer, J. Shea, Frank Spoffard, H. Injury Received Fingers amputated, double hernia Blood poison Blood poison Elbow injured Finger smashed Double hernia, lacerated thumb Contusion of hip Big toe crushed Two fingers amputated Two fingers broken, dislocated back Killed by flying broken gears Two fingers smashed, hernia, blood poison Blood poison Hernia Two ribs broken Left arm amputated, three fingers right hand amputated Died from injuries received Fingers broken, blood poison Scalp wounds, two fingers amputated Fingers crippled Lacerated hand Lacerated fingers Amputated finger Two fingers amputated Scalp wounds Blood poison Fractured knee Blood poison Crushed finger Lacerated fingers Fingers smashed Finger crushed Lost one joint, index finger Double rupture Blood poison, laceration of thumb Crushed fingers Bruised and loss of finger nails Lacerated finger Foot crushed, toe amputated Contusion of wrist Contusion of elbow Lacerated hands, nails torn out Lacerated arteries Crushed fingers 177 Name Schwab, Gus Siedlinger, John Stein, G. Springstein, WiUiam Seifert, Edward Spears, Sam Schilze, F. Switzer, I. Smith, M. ' Saxton, Edward Shea, J. Shaw, Harry Story, Frank Smith, B. Stapleton, L. Seifert, S. Swanson, A. Stafford, WilHam Smith, O. Spahn, Louis Schenker, J. Sampson, John Sheinan, John J. Scudder, Fred Sheriden, Alex Shea, Patrick ,Smollen, William Simons, David Smith, August Schoffield, A. Schoffold Seigal, Herman SmoUen, J. Stone, S. Sullivan, William, Jr. Simons, Charles Stevenson, S. Simons, D. I. Storch, C. Smith, J. Smart, Robert Schmidt, Al / Injury Received Lacerated fingers Smashed fingers and hand Finger amputated Laceration of back Laceration of arm Double hernia Broken ankle Contusion of muscle of right arm Hernia Contusion of left foot Contusion of arm Lacerated finger Smashed hand Lacerated fingers Three fingers smashed Contusion and abrasion on right side of chest Lacerated hands Two stitched fingers, rupture Two lacerated fingers Two lacerated fingers One lacerated finger Lost left arm, amputated Smashed toe, three fingers amputated Toe and two fingers amputated Blood poison Died from" injuries received Finger amputated, permanently injured, hand Two crushed fingers Hernia Lacerated arm Two fingers amputated Two fingers amputated Lacerated left hand, smashed on right hand Both hands lacerated, blood poison Finger amputated, smashed hand Lacerated left hand Lacerated arm Lacerated fingers Contusion left side of obest Strained muscles of back, permanent in- jury Punctured wound right leg Finger crushed 178 Name Shea, William Shanahan, L. Sweeney, John Seikert, F. 5heridan, B. Sheridan, A. Swanson, C. Siebel, Peter Shoenhardt, P. Salman, A. Stone, David Scrafford, W. Steinhauser, A. Shanley, F. Stevens, Henry Sheridan, Paul Scott, J. Seigal, Harry Stevens, Joe Sullivan, A. Sherien, John Spencer, Frank Schon, Max Schon, Nathan Scherer, Peter Smith, Julius Smart, Walter Seibert, William St. Jacques, Alfred Storch, R. Shiultz, Gerad Shields, John Steinhauser, Joseph Scheiner, B. Stevens, Harry Townsend, George Turner, George Tangney, R. Thompson, R. Taylor, A. Tryon, Edward Tanner, Nathan Thompson, W. Tully, John Injury Received Blood poison, hand crushed Fingers smashed Hand crushed Finger crushed Index finger amputated Scalp wound Lacerated .hand, elbow injury Two fingers broken Spine injury Finger amputated, injured elbow Left hand amputated Left fingers amputated Crushed foot, blood poison Two fingers amputated Hernia Lacerated finger Amputated finger, blood poison Lacerated hand and arm Blood poison Smashed hand, blood poison, injured four times Smashed toe, lacerated finger, lead poison Shin bone injury, will not heal Smashed foot Blood poison Crushed arm Lacerated fingers, nails torn out Sprained ankle Crushed foot Crushed finger, lead poison Tuberculosis Four fingers smashed Tuberculosis Lead poison, smashed toe Sprained ankle Double Hernia Hernia Left arm amputated Two fingers crushed Two fingers amputated Amputated finger, hernia Amputated finger, hernia Blood poison Lacerated hand Smashed fingers, strained back, lead poison \79 Name Injury Received Taylor, Frank Contusion left hand, lead poison Topsey, W. Two crushed fingers, nails torn 9ut Tonks, William Smashed fingers Toomey, Joseph Tuberculosis Tydarman, William A., Jr.Crushed foot, ulcer of eyes from hot oil Urig, C. Lead poison Van Pelt, W. Van Houtan, George Van B rammer, James Whelan, J. Williams, J. Walsh, J. Woods, J. Ward, George Wollins, I. Weaver, John Willon, William Wolfe, Abe Welton, John Wurtz, Harry Webster, Frank Woods, John Walsh, Joseph Whiteside, William Wetzel, William Walgram, John Weber, John Winnacott, Herb Winnacott, Al Walsh, Walter Wilson, J. C. Williams, T. Walsh, M. Walsh, J. Weil, Louis Wakers, Joseph Walsh, J. J. Walsh, Jack Woods, Henry Walker, Fred Wallace, John Walsh, James Hand lacefated, double injury Two fingers amputated Lead poisoning Contusion of muscles of right forearm Finger amputated Finger lacerated Lacerated hand, leg injured Right hand crushed Two fingers Left hand lacerated Smashed fingers Sprained back Hand lacerated Part of index finger amputated Blood poison Fractured thumb, blood poison, broken teeth from flying gears Bruised thumb and index finger Lacerated fingers Fractured ribs, elbow lacerated Finger amputated, crushed hand Died from injuries received Scalp wounds Permanent loss of use of hand Lacerated arm Crushed toe Bruised arm Smashed finger Finger amputated Foot injury Crushed toe, scalp wound, finger ampu- tated Crushed fingers Sprained back Shin bone injury Finger amputated Finger amputated, hand distorted out of shape Smashed toe 180 Name \\'alsh, J. R. Woodbyme, G. Walsh, John A. Walz, WilHam Winnacott, Charles Wittig, Albert Walsh, Richard Wren, William Wagner, Paul WilUams, John Wilson, John Walsh, J. L. Wendt, John Young, G. W. Ziegler, Charles Zetto, William Injury Received Scalp wound Lacerated hand Lacerated fingers Blood poison Three fingers broken Smashed fingers Fractured left elbow, hernia Crushed finger Smashed thumb Scalp wounds Crushed finger Bruised thumb and index finger, blood poison Fore fracture of collar bone and left leg Smashed finger Lacerated nose, disfigured for life, arm injured Scalp injury, finger smashed 181 IN THE MATTER OF THE ARBITRATION OF THE TERMS OF A CONTRACT TO BE MADE BETWEEN The Publishers' Association of New York City AND New York Web Pressmen's Union, No. 25 BEFORE JUDGE MARTIN T. MANTQ-i^, Arbitrator PUBLISHERS' BRIEF 185 In the Matter of the Arbitra- tion of the terms of a con- tract to be made between the PUBLISHERS' ASSOCIATION OF NEW YORK CITY and NEW YORK NEWSPAPER WEB PRESSMEN'S UNION, No. 25 Before Judge Martin T. Manton, Arbitrator. January , 1922. For many years the press-rooms of New York Daily News- papers have been operated by members of New York News- paper Web Pressmen's Union No. 25, under written contracts. The last contract with this Union expired February 28, 1921. For more than ten months both parties have been endeavoring to agree upon the terms of a new contract and could not so agree, but did agree to submit "all points of difference" to an arbitrator for determination. The two parties who present their points of difference to you are the Publishers' Association of New York City and the Brooklyn Times; and New York Newspaper Web Pressmen's Union No. 25. The "Publishers' Association of New York City" is a volun- tary association of the Owners of the following named daily newspapers, which comprise its membership : The World, The Evening World, The New York Times, New York American, New York Journal, The Sun, The New York Herald, The Evening Telegram, New York Tribune, The Globe, The Journal of Commerce, The Evening Mail, Daily News, New York Evening Post, The Morning Telegraph, Brook- lyn Daily Eagle, Brooklyn Standard Union, The Brooklyn Citi- zen, New Yorker Staats-Zeitung, The New Yorker Herold, Wall Street Journal, II Progresso Italo-Americano and Courrier Des Etats-Unis. 187 The Brooklyn Times, a daily newspaper, has asked to be- come a party to the contract along with the Publishers' Asso- ciation and its members, and it is agreed that they shall be a party thereto. Each daily newspaper named makes use of presses or printing machines in the production of daily newspapers and employs pressmen to operate the presses. So that no difficul- ties may arise as to the individual parties collectively coming under the terms of the contract and furthermore, to insure the Union of the fulfillment of the contract, should any member resign or withdraw from the Association, each daily newspaper named will individually accept and sign the contract deter- mined, as well as the Publishers' Association of New York City and also individually. The New York Newspaper Web Pressmen's Union No. 2S is a subordinate or Local Union organized, chartered and exist- ing under the Constitution and By-Laws of the International Printing Pressmen's and Assistants' Union of North America. This Union furnishes the help necessary to do the work in the daily newspaper press-rooms in printing the daily newspapers. The Union now furnishes three principal classes of workmen, pressmen-in-charge, assistant pressmen, and Juniors. The nature of the work of each class of workmen will be explained later. DURATION OR PERIOD OF THE CONTRACT. Both parties have agreed that the contract shall run for one year from February 28, 1922. In a letter to the Union, dated December 24, 1921, the Newspaper Owners' Committee proposed that, "the decision of the Arbitrator .... shall apply only to the period of a new contract for one year dating from February 28, 1922." The Union in a letter to the Newspaper Owners' Committee, dated January 2, 1922, says: "We are ready to proceed to arbitration as per the letter of, December 24 ,1921, of the Newspaper Owners' Committee, which is herewith attached." We, therefore, ask that the following clause or one of the same import be inserted in the contract, 188 ■"that beginning March 1, 1922, and continuing for a period of one year the parties hereto mutually agree that they are bound by the following conditions" : The conditions to be named in the contract embrace wages, hours and working conditions or shop rules as frequently termed in other industries. These three matters are included m "all points of difference" between the parties. GENERAL STATEMENT. The Newspaper Publishing Industry, like public service in- dustries, is continuously subject to the demands of the public. During the whole 24 hours of the day, there is a public demand for the latest news, which is supplied by the daily news- papers, and every subscriber and reader of the daily newspaper is entitled to receive as soon as possible his daily paper, no mat- ter where he may be located within the radius of the circula- tion district which can be supplied by New York daily news- papers. To supply this demand, it is necessary to print and mail "newspapers every hour within the twenty-four hours of the day. It is true that there are peaks of production in the industry, particularly for such newspapers as are supplied to the readers within the territory of Greater New York, and its suburbs. Dur- ing the peak it is necessary to employ large numbers of press- men in the several newspaper offices. At the same time, it is just as necessary that the newspapers supply with the latest news those subscribers and readers who reside beyond the limits of Greater New York and its suburbs. It is therefore necessary to •continue the operation of the presses during all of the 24 hours <3f the day, in some one or more of all newspaper offices. Such are conditions which neither the Newspaper Owners and Publishers nor Union can change. In making a contract with the Pressmen's Union and giving it the first right of employment in the press-rooms, it is incum- bent upon the Union to furnish at all times, such number of •competent and skilled men as may be required to supply the normal, necessary needs of each daily newspaper published in New York City. 189 With due consideration of the needs and demands'- of the industry and the health and strength of its employees, the two sub-committees, one appointed by the Newspaper Owners and the other by the Union tried diligently to negotiate by concilia- tion a new contract, having in mind the statement and broad principles of the Owners. The Publishers' Committee also had in mind the statement of Mr. George L. Berry, President of the International Union. The Publishers' Committee did, by painstaking investiga- tion collect a large number of essential facts. In the negotia- tion they attempted to apply the three broad principles of the Newspaper Owners to the facts they had collected, and negotiate a new contract. As to the reasonable application to our industry of the Owners' broad principles, we submit for reference an Exhibit No. 1 of the principles and rules which govern elsewhere the determination of wages, hours and working conditions. After many meetings between the Newspaper Owners' Sub- committee and the sub-committee appointed by the Union, dif- ferences arose. The chief points of difference from the Pub- lishers' viewpoint may be stated as follows: CHIEF POINTS OF DIFFERENCE BETWEEN WEB PRESSMEN'S UNION NO. 25 AND THE NEWS- PAPER PUBLISHERS, TO BE SUBMITTED TO HON. M. T. MANTON, AS ARBI- TRATOR, FOR SETTLEMENT. (1)., Establishing 'the principle that if proper wages are paid and reasonable conditions of labor established, the employee shall perform any work within the jurisdiction of his trade that may be assigned to him. (2). The right of the employer to determine the number of men necessary for the proper operation of the presses and the work in the pressroom. (3). The right of the employer to fix the number of men required to operate each press to produce the required editions within the required time as long as it is conceded by the pub- 190 lisher that every man required for any part of a day's work shall receive a full day's pay, and that he shall not be called on for more than a fair day's work. (4). The right of the employer to be the sole judge of the competency of men employed so long as the terms of the con- tract between the Union and the office are fulfilled. (5). The right of the employer to obtain men, whether members of the Union or not, whenever the Union, after due notice, has failed to furnish them. (6). The right of the employer 1;o retain such men perma- nently in his employ if their work proves satisfactory ; the Union always and at all times to have first call, and the first right to supply men; but on the failure or refusal of the Union to meet its obligations under the contract, to supply men, the Publisher shall be free to employ others and under no compulsion to invade the personal rights of those coming to his assistance, by oblig- ing them then or later, to join any Union. Furthermore, that when the Union so defaults, the Publisher shall be left a free agent to contract for the needed help for such period or such permanence as the contracting parties may agree on. (7). The right of the employer to discharge employees for cause, which cause shall be stated, and always within the limits of the contract between the Union and the Publishers. (8). Acceptance and execution by the Union of the prin- ciple that differences arising in the pressroom which are not set- tled by the foreman shall, and by right ought to be, referred to the Publisher since the contract is between the Union and the Pub- lisher and not between the Union and the foreman, and that any employee always may appeal through the Union from any deci- sion of any foreman, to a standing committee in which the Union and the Publishers shall be equally represented, with pro- vision for decision by a disinterested fifth person of any issue which this standing committee fails to settle satisfactorily. (9). Recognition by the Union of the principle that since the foreman is the only representative of the employer in one of the two largest mechanical departments, the foreman must be responsible for the administration of the pressroom, effi- ciently and economically, and that the Chapel Chairman, who is 191 the representative of the Union, must not overrule oi- interfere with an order given by the foreman. (10). Establishment of the rule that pending settlement of any controversy that may arise in any pressroom, work shall continue without interruption or interference, and in a regular and orderly manner, the Chapel Chairman always having the right of appeal to the joint standing committee against any order or practice of any foreman that the Chapel Chairman deems unfair or contrary to the contract. (11). The right of the employer to transfer press crews, or parts thereof, from one press to another or frbrti one posi- tion to another so long as no employee is subjected to unjust discrimination or overtaxing tasks thereby. The rule herein asked to apply to work in the pressroom is the same common- sense rule that other departments of newspapers never ques- tion; in the composing-room where all men nlay be transferred from a typesetting machine to a hand-case or to the make-up, or to the proof-room or to copy-holding, and back again the same night, and are so transferred and retransferred daily, to meet any requirement; in the stereotype room where men may be transferred from one kind of machine to another to do any proper work within the jurisdiction of that Union; in the photo- engraving room where, under the contract with this highly skilled union, men may be transferred from etching to routinti:, and from routing to blocking, wherever they may be most needed; in the telegraph room where operators are transferred at will from sending to receiving wires and from long-distance circuits to short local wires ; in the mail room where men work interchangeably at different hours and different processes withia their jurisdiction, in getting papers out on time; in the elec- trical force where electricians never demur at doing any work of maintenance or repair or new installation that they are asked to do. (12). A clear definition in the contract of the rights and' duties of foremen and their immunities, — if member of the Union— from interference, domination or discipline by the Union for cari'ying out orders given by the publisher respecting the collective or individual work of the pressmen and the prompt issue of editions within the time and at the time required, and 192 / absolute immunity from indirectly enforced discharge ' for con- duct wholly outside the regulations or terms of the contract. (13). Fixing the number of hours which constitutes a rea- sonable day's or night's work. (14). Fixing a reasonable compensation for men in charge of newspaper presses, assistant pressmen and apprentices, taking into consideration the wages paid for similar work in other cities operating und^r charters issued by the same International Press- men's and Assistants' Union of North America ; due allowance to be made for difference in cost of living in New York over or under other cities, according to the official reports of the U. S. Department of Labor and the National Industrial Conference Board. (15). Fixing the allowance or payment for all overtime work at a reasonable extra rate for any actual time worked in accordance with the principles and practices of other unions in the newspaper industry in New York and of the International Pressmen's Union in cities other than New York. (16). Determination of a proper leeway in the hours of beginning work, to be fixed by each office and made regular in accordance with the needs of the industry, the mail service, and that part of the delivery system outside the offices which publishers cannot control. (17). Determination of luncheon periods with reasonable leeway for emergencies, but always with due consideration for the health and welfare of the employees : Lunch time to be paid for only when the operation of the press on which the man is engaged is not interrupted. (18). Designation of proper compensation for day work on New Year's, July 4, Labor Day, Thanksgiving and Christmas. (19). Exclusion of fly boys and carriers from the category of skilled labor in newspaper pressrooms in New York City. These employees have been taken into the Union as Juniors in New York, given a full vote, and their compensation generally increased from $12 per week in 1914 to $30 per week in 1920. In nearly all other cities except New York, all Unions under the jurisdiction of the I. P. P. & A. U. of N. A. do not include 193 them in Union membership nor class them as skilled. Quote Inter. By-Laws, Sec. 38, P. 81. (20). Fixing a proper ratio of apprentices to be employed and, in general terms, the conditions of their apprenticeship and their compensation to insure proper training of intelligent and well intentioned young men and their promotion to full jour- neymanship as soon as they are fit to act as assistant press- men. This Union now has no apprenticeship system of which we are a part and is in that respect, hurtful to itself and to the industry which supports it. It gives nothing back. Other points of difference will develop as the hearing progresses. In the declaration of principles enunciated by New York Newspaper Owners, Feb. 22, 1921, this paragraph appears: "So long as the right of employment is given by contract to your organization, the right of the employer to determine the size, and to direct the control of his force, with due consideration to health and strength of the men ; so long as the work lies within the trade with which the members of your organization are generally identified, the right of the employer to decide what they shall do, and to judge whether or not they do it well and faithfully." In the Pressmen's Statement issued in reply to the Owners' Statement, and signed by George L. Berry, International Presi- dent, and David Simons and Albert B. Kreitler for the Local Union, these statements appear: " .... it is not the desire of the unions locally or interna- tionally to impose any condition of employment that is not pro- ductive and constructive in its character." " .... it is the common duty of the employer and em- ployee to remove such abuses as may exist which are, in fact, to the common detriment of all the units entering into the industry. "It is perfectly true that a wroiig of long standing does not necessarily become a right, and if a wrong exists, whether it be of a day or of a decade, it shculd be adjusted upon the basii of facts involved." We find in these foregoing statements the position of Owners clearly and fully defined and the views of spokesmen for the Union on the principle of unhampered operation. Oppo- 194 site opinion as to what may or may not constitute unhampered operation necessitate determination of points 1 to 7 inclusive. Nine, 11 and 12 in order that principles enunciated by Owners or contrary contentions of the Union may find concrete expres- sion in contract form. Point 1 reads: "Establishing the principle that if proper wages are paid and reasonable conditions of labor established, the employee shall perform any work within the jurisdiction of his trade that may be assigned to him." It is history and common knowledge that during the war period, the forced draught of industry was responsible for the growth of many restrictive practices in. trade unions. Neces- sity for high speed production afforded opportunity for imposi- tion of working conditions wholly at variance with practices essential to efficient operation in times of normalcy. Post war business depression and unprecedented conditions of unemploy- ment demanded relief as a preliminary to business readjustment and resumption of industry. Necessity of unhampered opera- tion is now being recognized, and the right of the employer to receive from the employee an unrestricted day's work in ex- change for a stipulated wage is not challenged. The trend of opinion is well illustrated by instances we shall cite. In December, 1920, there was inaugurated in Boston an arbitration proceeding between Boston Typographical Union No. 13 and Boston Daily Newspapers, the fifth arbitrator being tiie Honorable Wilfred Bolster. On the second day of the proceed- ing Judge Bolster withdrew from the Board and, in a statement reviewing relations between the Publishers and Unions which should be the same as that of other manufacturers and their Unions, had this to say : "As a friend of labor I can offer it no more sincere advice than that it make its bargains mutual by setting against a stipulated wage a stipulated production. If to do so is against the tenets of trade Unions, so much the worse for the trade unions. The public is not yet ready to surrender the princi- ple that has held good since the human race began to barter — value for value — compact for compact. "Specifically, gentlemen, I mean this. I will not arbitrate your demand for a minimum wage until you supplement it with an agreement for minimum production. I deny your right as 195 against the public to set up half an issue for settlement. I deny the right of the publishers to join issue with you on your one-sided demand as you have formulated it. I will not stultify myself by saying what is a fair share for you to take out of the • community wealth as wages when there is no stipulation as to what you will put back by your labor. I regret the delay which this conclusion will cause, but it is a delay of your own making. Since the conclusion rests upon fundamentals which cannot be waived or altered, it is fairer to state it now than at the end of a protracted series of meetings." In his remarks. Judge Bolster expresses in our opinion, the fundamentals of employment. Judge Kenesaw M. Landis, of the United States District Court, Chicago, 111., was chosen to arbitrate a wage controversy in the building trades of Chicago. Prior to the hearing, Judge Landis expressed himself as fundamentally opposed to such re- strictions as were mandatory by the building trades unions of Chicago, and suggested that before issues were presented for determination,, the Union should come with clean hands. Among principles which he offered for consideration of working agree- ments, these suggestions were made: "Eliminate useless working rules and conditions; eliminate waste of time, effort and material ; increase quality and quantity of product; encourage improved methods, materials and appli- ances; produce increased skill and contentment of the workers; and help to preserve peace in the community." Among principles enunciated by Judge Landis, as warrant- ing higher wages or wages above the average was : "If the work is intermittent or unsteady due to weather or unseasonal demand." "Other things being equal, trades having rules or condi- tions that produce or permit waste, should have a lower wage or a wage lower than the average wage." "Rules that limit or curtail in any way the amount of work per man consistent with reasonable comfort and well-being." "Rules that expressly or by inference interfere with the manager or foreman in the dispatch of the work, or the use of new or improved methods, materials or appliances." In the Building Trades Controversy in New York City, Mn Samuel Untermyer, acting as counsel for the Lockwood Cora- 196 mittee, expressed the belief that labor Unions should volun- tarily revise their rules to meet the salient suggestions made by the State Investigating Body. These rules pertain expressly and exclusively to hampering restrictions laid down by Unions in the Building Trades, and with the exception of the Brick Layers' Union, all trades acquiesced in these recommendations, and hampering restrictions were annulled. Probably the most pronounced and historic expression of idealism by radical minds in working conditions is that of the Russian Soviet. Singularly, however, rules laid down by these idealists vary only in minor essentials from those which New York Newspaper Owners are seeking to establish in their press- rooms. Recently the New York Call printed Russia's Labor Code dated June 17, 1920, which applies to all State, Civil, MiUtary and private undertakings, institutions and business existing in the territory of the Russian Soviet Federal Socialist Republic. The following are the provisions of this code : "All work in the Russian Republic is fixed at 8 hours by day and 7 hours by night. "The normal duration' of work for persons employed in offices or intellectual occupations is fixed at 6 hours a day. In case of night work, five-sixths of an hour shall count as one hour. "The duration of work for minors between 14 and 15 years of age shall not exceed four hours. "The work of young persons below 18 years shall be fixed at 6 hours. "Persons below the age of 18 shall not be employed at night. "Standards of production are provided for 'whereby every worker shall perform a fixed amount of work which shall not fall below the standard of output established for the class and group to which he is assigned.' "These standards of output, however, are established by local committees in accordance with the general standards ap- proved by the Labor Commissariat and must be approved by the competent trade union and enforced by the local trade union councils and the labor department. "Wage rates shall be drawn up for each branch of employ- 197 ment ty the trade unions and approved by the Labor Commis- sariat. "Women who perform the same work receive the same wage as men. "A wage earning or salaried employee who actually per- forms work for which expert knowledge is required shall be paid at the expert rate even if he has no educational diploma. "Apprenticeship of two to three years is provided for. "Bonuses are paid to workers who exceed the prescribed output. "Overtime is limited to 4 hours a day and only permitted if the trade union regards overtime as necessary. "Welfare regulations are laid down for all factories. "Employment is practically permanent after a 6 days\ pro- bation period for wage-earning employees and two weeks for office workers and intellectual occupations. "Workers can be dismissed only, for four reasons, including the closing down of the plant, a month's absence, end of con- tract or poor production, and then must have two weeks' no- tice." The National Metal Trades Association, one of the greatest industrial organizations in the world, in declaring the princi- ples which should govern in their relations with their employees, said : "We, the Members of the National Metal Trades Associa- tion, declare the following to be our principles, which shall gov- ern us in our relation with our employees : '1. Since we,, as employers, are responsible for the work turned out by our workmen, we must have full discretion to designate the men we consider competent to perform the work and to determine the conditions under which that work shall be prosecuted, the question of the competency of the men being determined solely by us. While disavowing any intention to interfere with the proper functions of labor organizations, we will not admit of any interference with the management of our business. "2. This Association disapproves of strikes and lockouts in the settlement of industrial disputes. This Association will not countenance a lockout, unless all reasonable means of adjust- ment have failed; neither will the members of this Association deal with striking employes as a body. 198 "3. Every workman who elects to work in a shop will be required to work peaceably and harmoniously with all his fel- low employe.s, and to work loyally for the interests of his em- ployer. "4. The number of apprentices, helpers and handymen to be employed will be detrmined solely by the employer. "5. We will not permit employes to place any restriction on the management, methods, oV production of our shops, and will require a fair day's work for a fair day's pay. Employes will be paid by the hourly rate, by 'premium system, piece work, or contract, as the employers may elect. "6. It is the privilege of the employe to leave our employ whenever he sees fit and it is the privilege of the employer to discharge any workman when he sees fit. "7. The above principles being absolutely essential to the successful conduct of our business we cannot permit the operation of our business thereunder to be interfered with. In case of disagreement concerning matters not covered by the foregoing declaration and not affecting the economic integrity of the industry, we advise our members to meet such of their employes who may be affected by such disagreement and endeavor to adjust the difficulty on a fair and equitable basis. "8. In the payment of hourly wages or in the operation of piece work, premium plan, or contract system, this Association will not countenance any conditions of wages which are not just, or which will not allow a workman a fair wage in proportion to his efficiency." The foregoing instances only are cited here in support of our contention that the principle of removal of hampering restrictions is being restored. We do not plead the impossi- bility of operation under such restrictions as are at present imposed by pressmen, but we contend that as employers we are entitled to th& right to align our forces as judgment dictates or necessity requires and should not unjustly be made to sub- mit to working conditions which do not benefit the individual worker physically but impede our operation and impose unneces- sary expense and to his ultimate detriment, because by as much as production is thus curtailed, there is that much less product to be divided among the producers. We plead that inasmuch as greater freedom of operation is being restored to employers in other lines of industry, no valid 199 claim can be made that owners of newspapers should'' be re- stricted in establishing working conditions deemed essential to efficient and economical operation, so long as -due consider- ation is given to the health and strength of the men. Insurance of such consideration finds expression in a provision in the form of contract we propose in which the right is granted the worker to appeal to a joint standing committee for rectification of injustice. We propose to enter ifito a contract under the terms of which we agree to employ members of Web Pressmen's Union No. 25. We have been paying the highest wage scale for press- men in the United States. In return for such compensation we expect, and we demand, that the jurisdiction, authority and control of each pressroom and, all its work and all its employes shall be vested exclusively in the publisher or his representa- tive. It is a fact which cannot be disputed, that of the 12 unions employed in the manufacture of New York newspapers, none is seeking to impose such hampering restrictions as would be made conditional to the employment of Web Pressmen's Union No. 25 by its officers. ^ Right here we wish to state that the Newspaper Owners and several of the other Unions employed in newspaper offices appointed sub-committees, and conferred on the matter of new contracts in accordance with the statement of the publishers and the three general principles therein. After several meet- ings, the Typographical sub-committees negotiated a contract in which a number of provisions were made in conformity with the principles stated by owners. The Typographical Union and the Publishers agreed upon changes i,n working hours and, other conditions and introduced into their contract a Competency Clause providing for a stated amount of production in ex- change for their wage. The Mailers' Union Committee, in conference with the committee appointed by the Newspaper Owners, made several changes such as longer shift hours, and also changed the computation of over-time which had formerly been by half-hour periods to a computation of over-time in 5-minute periods. The Deliverers' Union, which furnishes all of the help necessary to deliver the daily newspapers, agreed io 200 conditions asked by the Owners' Committee. They changed their over-time computation from half-hour periods to 5-minute periods, and their rules for holiday work. The Photo-Engravers' Union likewise made changes in their hours of work and in the luncheon provision. The contract between the Stereotypers Union and the newspapers is in operation, pending the making of a new contract. In none of the contracts with these several Unions can be found those wasteful and unproductive practices which the Pressmen's Union exact under their former contract of employ- ment. Before giving further consideration to points in dispute, let us emphasize the fact that the equipment of pressrooms of newspapers involved in these proceedings represents a great investment, and for this reason the owner is most concerned in its security, productivity and general efficiency. Obviously, the first concern of the employer is to insure issuance of editions on time, and to properly protect his investment. The laborious duties of pressmen are largely performed before the cylinders turn. The web of paper must be properly run, plates must be properly placed ; and, when started, the machine does the Work, operating at high speed with ample oil placed in proper bear- ings by pressmen, and with due regard to tension of paper being fed into the press. Should a bearing be allowed to run dry, ^reat damage may result. Should a tension man do his work improperly, breaks, delay and possible damage, may result. No employer having due regard for the value of his plant and importance of timing editions, will employ a lesser number of men than is necessary to do the work and protect his property. In considering points 2 to 7 inclusive, and points 9, 11 and 12, we will Hot consume time in again reciting them as they have already been read into an earlier portion of this brief. They relate to the principle of free and full control of press- room operation by the publisher, and the right of control or alignment of forces, number of men to the operation, judgment of competency, employment and discharge, and function and prerogative of the foreman. New York City is recognized as the publishing center of the United States, and here are published papers of greatest 201 circulations. Without analysis it might be assumed^ that by reason of these great circulations, a greater amount of work falls upon the individual pressman, and that the nature of his work is more exacting and exhausting than that of fellow- workers in other cities. In the case of every newspaper in any of the major cities in the United States, ' presses are worked to capacity, and pressroom equipment is expanded in equal ratio to quantity circulation; in other words, mechanical expansion in the same ratio as man-power expansion. A press crew is employed to operate a unit of total produc- tive capacity. Therefore, in New York City, the situation is an enormous aggregate of units rather than an increase in power or production per man. The gross production of one New York City pressroom may be the equivalent of from 500,- 000 to 1,000,000 total cylinder revolutions per day and the gross production of a pressroom in a minor city, may be the equiva- lent of 200,000 or 300,000 cylinder revolutions. In neither instance does the man-power differ. Pressmen at work on a paper of 100,000 circulation perform the same labor as pressmen employed on a newspaper of 750,000 circulation. A press can run no more than to capacity, and obviously every newspaper owner recognizes the necessity of equipment sufficient to pro- duce his editions on time. Man pressure does not vary unless it be in cities of very minor circulation, where periods of actual press operations are shorter by reason of small quantity circu- lation. In this connection, it is pertinent to ascertain the number of men now employed on presses in the larger cities of the United States, for the purpose of showing that the employment of a greater number of men to the press has been exacted in New York City than in any other major city in the Unijed States with one exception. By direct inquiry to publishers and from contracts between newspapers and Pressmen's Union, information has been col- lected in other cities as to the minimum number of men em- ployed to operate the different sizes of presses, such as quad- ruples, sextuples and octuples. A press unit is a press printing from eight stereotype plates or printing eight pages. A quadruple press prints from 202 four times eight plates, and produces 32 pages ; a sextuple, six- eights or 48 pages ; an octuple, eight-eights or 64 pages. We present herewith as Exhibit 2 a tabulated result of our investigation as to numerical requirements in press crews, in support of our contention that the employment of more men to the press is demanded in New York than in any other major city with the exception of Boston. Looking further into the fiction of Union requirements as to the number of men specified to man a press, the complete answer has been furnished by the Union itself through the deliberate, habitual and shameless "John Doeing" of their own presses for months at a stretch. We will show by a few instances that such numerical requirements are not based upon an inherent desire on the part of the Union to safeguard an expensive piece of machinery nor of necessity incident to production, but rather to provide employment for an excessive number of men or to increase individual earnings. Every payroll of New York press- rooms shows the employment ot what in newspaper parlance is known as "John Doe" men, meaning vacant press stations of men regularly employed. To define more clearly, men may obtain permission of the chapel chairman to attend a baseball game, or procure leave of absence for some other reason. In the event that stations be vacant, the office pays for a full crew, such part of payment as would have been earned by the absent man or men being divided amongst the remainder of the crew which absorbed the work of the absent worker. Presence in the payroll of "John Doe" men means that a lesser number of men manned a press than is specified or has been mandatory to operation. Crews working on a run of Jan. 1 for issue of Jan. 2 were three boys short. Their pay amounting to $15 was split amongst the nine who worked. On another New York newspaper, week ending Thursday, Dec. 15, John Doe men, 5; week ending Jan. 5, John Doe men, 20; week ending Jan. 12, John Doe men, 23. Another newspaper: Employment of from two to ten John Doe men each week. One newspaper reports the division, amongst four crews of John Doe earnings in two days amounting to $108.87. 203 ' These few are not isolated instances but are recited riiereily to illustrate a process which involves the employment of less men to the press without in any degree ^educing efficiency. Impediments to operation under hampering restrictions im- posed by the Union are well illustrated by the following instances : Newspaper A: Owing to shortage of men in press room it has been customary when running octuple presses to order in some of the day men to fill night crews. In October last, 3 men were asked whether they desired to work on their' regular night off and thereby earn 7 days pay within the fiscal week. These men came to work and the Chairman of the Chapel claimed they should be paid at overtime rates. On refusal of the office to do so, President Simons, called in by the Chairman, requested the office to pay at the overtime rate. The office again refused whereupon the Chairman was instructed not to allow men to work on their night off at regular pay although some of the men were anxious to do so. This attitude of the union necessitated day men doing a double shift within the 24 hours though willing men were available who would have worked but one shift if allowed to do so. The Union questions the right of the office to turn presses at any time when they are not cov- ered with a full crew which necessitates the employment of a crew when a press is in the hands of machinists for repairs. The objection to removing from the octuple deck by sex- tuple crew, working on a later shift, of a roll of paper left at the end of an octuple run and transferring said roll to another paper arm of the press. The objection to the crew of a press, transferred to a sec- ond press during a shift, due to the breaking down of the first press, to remove plates from first press after finish of run. The Union claimed a double day's pay for performing such work. The crew in question removed the plates under protest and informed the foreman that the matter would be taken before the Union. We were later told the question was dropped pend- ing scale negotiations. The objection to foreman transferring men, once crews are assigned, from one press to another, when at the beginning of a shift a foreman discovers it is to the advantage of the office 204 to make a change in a crew which may be unsatisfactory due to lack of experienced men to cover all stations on press. This question was brought up recently but was not pressed as "It was undesirable on the part of the Union to fight it at this time." During the month of May, 1921, Mr. Simons, President of the Pressmen's Union, visited our office in reference to the dis- charge of a member of the Union. He demanded the rein- statement of the discharged man and upon the refusal of the foreman to comply with his request he threatened to take the foreman's Union card away from him, thereby endeavoring to coerce the foreman to take action which would be detrimental to the interests of his employer. Our office has been compelled to run shorthanded on many occasions during November, December and January owing, to lack of pressmen to cover situations. All registered apprentices in our office have been employed on such occasions to aid in filling press crews. We have paid from two to ten "John Does" each week. In April, 1921, the chairman of the chapel ordered all press- men, when leading sheet, to put it in opening of cylinder, though it has been the custom of the men to stick the end of the sheet between cylinders. This order was objected to by some members of the chapel, who refused to obey the chair- man's instructions. The men were taken before the union and ordered to obey. After several protests by the office to the union it was agreed the men could handle the work as they desired. Newspaper B : The Union demands an extra man be added to a crew when in emergency two 33-inch rolls are used in place of a 66-iiich roll on a rotogravure press. Although admit- ting that no hardship and little work is involved they insist on the employment of a pressman and will not allow a boy to assist. On Election Day a regular run was finished at 5:30 a. m. but another start of an edition was not finished until one minute after six. As a result the paper was compelled to pay two hours overtime wages for 31 minutes work. Recently when the Union was unable to furnish a relief crew the paper was compelled to pay for two luncheon periods. Newspaper C: Pressmen refuse to place rolls of paper on 205 brackets corresponding to the unused sections of a press and running the lead from these brackets into the used sections of the press without extra pay for the operation. Newspaper D : A crew worked one-half minute after six o'clock p. m. and, as it is necessary to ofifset rollers, five minutes is allowed for that purpose and the chairman demanded one hour's overtime, which was paid. On an edition requiring the operation of 4 presses three were discontinued and one continued to finish the run. Melting of a roller caused delay and as crews of the other presses had not yet left the building the chapel chairman was asked to put back one crew to help out on the run. The office was willing to pay one hour's overtime but the chairman demanded a full day's pay and this demand being refused he would not permit the crew to- run the press. Newspaper E : Erecting Machinists had completed the installa- tion of two presses and were ready for a test. It was incumbent un- der Union restrictions that a full crew be called in to turn over the press. The machine was run but a few minutes, whereupon the foreman asked the crew to go over to the other press and test. The crew refused to do so under their rule which pro- hibited transfer of a crew from one press to another. This refusal compelled the calling of another crew to test the second press. Not more than a few minutes was worked by either ■crew but the office was put to the expense of a full day's pay for each member of the two crews. We are asking in our contract that the right of the Pub- lisher of full and complete control of employes of the press room during hours of lalaor be determined. We contend that during the period of employment the time of the men is at the disposal of the publisher or his representative, in matters per- taining to the conditions of the press as well as its operation, and that during the working period they shall freely perform whatever duties may be assigned to them in connection there- with. Generally speaking presses are not operated continuously ■during the working period. There frequently exists time between ■editions. Upkeep of presses and cleanliness of presses and press pits are essential to the welfare and efficiency of the men. Under conditions which have existed orders of the foreman 206 have been generally disregarded in so far as the cleaning of the presses or press pits is concerned. In other words enforcement of orders issued by the foreman has been impossible. We are asking in our contract that men shall perform whatever tasks incidental to their trade may be assigned them by the foremen and these tasks involve cleanliness as well as operation. It need hardly be said that if cleaning involved outside of their trade they would not be expected to perform such tasks. No such arbitrary attitude as is shown by members of Web Pressmen's Union No. 25 is assumed by pressmen in other major cities. Cleaning of presses and pits is done without question in Boston, Baltimore, Cincinnati, Denver, Detroit, Indianapolis, Kansas City, Los Angeles, Milwaukee, Minneapolis, Philadelphia, St. Louis and Washington. In Cleveland, Chicago, Seattle, San Francisco, St. Paul, men clean presses thoroughly whenever re- quired but do not clean pits, the latter work being done by fly boys or common labor. We have previously stated that no union engaged in news- paper making imposes such hampering restrictions as have been made conditional to the employment of members of Web Press- men's Union No. 25. Members of the Typographical Union em- ployed in offices here represented perform without question what- ever duties may be assigned to them by the foreman. They may be transferred from hand work to machine composition, or be assigned to floor work, proof reading, copy holding or any other oc- cupation coming within the scope of their craft. Members of the Stereotypers' Union perform without question any branch of their work to which they may be assigned by the foreman. Members of the Mailers' Union may be assigned to the work of mailing, bun- dling or carrying papers from one point to another. And yet, mem- bers of the Pressmen's Union have in the past imposed conditions which rendered them immune and set apart as a class from other workers in mechanical departments of newspapers, thus creating the impossibility on the part of the foreman to have freely per- formed such work and in such manner as he deemed essential to economic or efficient operation. Determination of points affect- ing full and free control in accordance with contentions of pub- lishers is vital to economical and efficient operation, and would im- pose no hardship upon the individual worker. The right to employ presupposes the right to designate duty. 207 The determination of Point 4 as to the right of the employer' to be the sole judge of competency of men employed in operation, is vital to every newspaper represented in these proceedings. As before stated, the pressrooms of New York City represent great great financial investments, and this being true there would seem to be little argument necessary to establish the right of the owner to determine whether or not an employee is a competent work- man. The element of time entering into production involves skill in some stations, whereas other regular duties of pressmen could be performed by unskilled labor possessed of a reasonable degree of intelligence, strength being one principal essential. Inasmuch as Owners are contracting to employ members of Web Pressmen's Union No. 25, it would seem only just that if a member of the Union is not considered competent by the publisher, that he be per- mitted to employ another member whom he may consider more competent. This would in no wise bar the Union from employ- ment of its members, as is mutually agreed. No restrictions of union exist which prevent him exercising the above within reason. We wish to present argument in detail on Point 6, which reads as follows: "The PubHshers' right, on the Union's failure to sup- ply the required men, to employ non-union men and to continue their employment, without restriction or conditions." This is a contract wherein the Union agrees to supply the men needed to operate the presses of the Publisher and the Publisher agrees to employ only Union men, so long as the Union supplies them. When the Union fails in the performance of its part of the contract, the Publisher insists that he shall have the right to go outside, as a free agent to contract with others on any terms, on which their minds may meet, and certainly not on terms dictated to him by the defaulter, who has possibly exposed him, by the default, to employing at a higher cost, less efficient help and con- sequently more of it. Under what theory does the defaulting party presume to place limitations on the contracting freedom of the other party? On what theory are they entitled to say that in trying to save himself from the consequences of their default, the Publisher cannot prom- ise the men coming to his relief, steady employment, or that if he 208 does promise steady employment he must make the men join the defaulting Union? Why should the defaulter be entitled to dictate to the Pub- lisher that he must invade the private rights of the men who come to his assistance, by telling them that in a given time they must join the Union under the penalty of losing their work, and if for any secret reason the Union will not admit them, they must lose it anyhow? Is this liberty of contract for the one thing that jurisprudence most zealously guards human labor, — lest through any device of sel- fishness honest labor shall ever have put on it, the faintest mark of slavery ? On what theory does default extend the defaulters rights, profits, interests, rather than curtail them? The Publisher does not ask the right to forbid a man so em- ployed from joining the Union if he sees fit; but he insists that he shall not be obliged to punish the man who came to his aid by dis- charging him if he does not join the Union. There is not much danger of de-unionizing snap demands. They are too expensive, since the man ordered in is paid in full, whether he works or not, and silrely a Union with an annual in- come of over $3,000,000 can afford an office and machinery of communication which will avert any such danger besides which the regular day to day, year in and year out, employment of forces is a safeguard. The proposition is basically unsound and vicious in its pos- sibilities as illustrated in the past year by the "vacationists" and the "premiumists." Vacationists : A Union having a contract to supply labor de- faults. The members employed do not go on strike to enforce the grant of an expectation, — that under the contract would be indefen- sible. The employees individually "take a vacation" in greater or less number. The employer calls on the Union for the contractual help. Thev cannot supply it. The employer goes outside to get men. He cannot offer them steady employment unless they are in time taken into the Union, — a probability easily measured in the cir- cumstances. The Premiumists: A Union enters into contract to supply men at a stated minimum wage, — fixed to the satisfaction of both 209 parties. The Union reports its inability to supply men at that wage. They can supply them at a premium. The employer goes outside and makes the best terms he can make. After thirty days the new men must join the Union. They become "premiumists" and will not work for less than the premium individually fixed by members who had collectively bargained for the minimum scale. The employer is virtually the recruiting officer who will ulti- mately force every member of that craft into the Union or crowd him out of his craft. When this mediaeval guild situation is brought about, one can imagine at what heights the Premium will be fixed. Let Union labor contract at the very highest figure it can get out of any industry, but let it live up to its obligations ; and if it does not fill its obligations under the contract, let the other party go out into the market and contract for his requirements, without any fetters of the defaulter's making. Let him pay the price free labor demands, but leave him free to maintain continuous relationship on the terms of the contract the free agents made, or alter or amend it as their minds agree, and not as some third mind, with other interests, dictates to them. Determination of Point 7 involves the right of the publisher to employ or discharge. If it be the fundamental right of the employer to employ, it is his fundamental right to discharge, provided work entrusted to the employee in question is not performed satisfactorily. Again, we say that as we are contracting to employ members of Web Pressmen's Union No. 25, it is our right to discharge a man whose duties are performed unsatisfactorily, or for any other good and sufficient reason, provided another member of Web Pressmen's Union No. 25 be employed in his place if supplied. Executives of every newspaper organization are responsible for operation and not the Union. The Union agrees to furnish men to perform cer- tain work, but does not undertake any responsibility for the issu- ance of editions on time, neither does it assume responsibility for damage to machinery. The qualifications of any workman should be judged by the employer. We believe this is fundamental, and as our agreement to employ members of the Union would not be affected by the dis- charge of any employee whose work was considered unsatisfactory by the publisher or his representative, we are asking nothing un- 210 reasonable in being permitted to employ only men whose qualifi- cations as pressmen are unquestioned; neither are we asking an undue right in being permitted to discharge a man, should we con- sider him unqualified to perform such duties as may be assigned to him. The agreement under which New York pressrooms are being operated does not in its terms confer upon the office authority to hire or discharge pressroom employes, although such authority is written into contracts between Publishers and Pressmen's Unions in other major cities. We present here as Exhibit 3 clauses carried in contracts in the cities mentioned. The determination of Point 8 involves a procedure by which any differences arising in the pressroom which cannot be settled by the foreman shall be referred to the publisher, and that appeal may be taken from his decision to a Joint Standing Committee whose decision on any issue shall be accepted. This is clearly a provision operating against possible injustice and protecting any employee from injustice. In the contract which we propose, a Joint Standing Committee shall be instituted, composed of two representatives of the Publisher and two representatives of the Union, to which Committee shall be referred any issue arising which cannot be settled satisfactorily by the foreman. Determination of Point 10 involves the principle that pending settlement of any controversy that may rise, work shall continue in accordance with the contention of the Publisher without interfer- ence or interruption, and in a regular and orderly manner. The meaning of this provision is that should the Union or any indi- vidual employee take exception to any action of the Publisher or of the foreman as his representative, such action may be reviewed by the Joint Standing Committee and reversed by the Joint Stand- ing Committee, should the fact be developed by evidence that such action was not warranted. Control of his pressroom operation by the Publisher carries the right to control the actions of men en- gaged in operation, and should any action of his be questioned, conditions existing prior to such action should not, and would not, under this provision, be restored, pending determination of the merits of the issue by the Joint Standing Committee. Objection to this provision would presuppose injustice on the part of the Pub- lisher, and such objection could not be sustained. 211 The crux of the entire issue before your Honor is the right of the Publisher to control his operation as necessity demands and without hampering restrictions, with due consideration to the health and strength of the men. The Publishers contend in Point 12 that the contract must pro- vide that the Foreman may or may not be a member of the Union; and if a member of the Union, he must be free from any liability of discharge, discipline or domination — directly or indirectly— by the Union, while acting as Foreman in the carrying out of the con- tract. The contract is between the Publisher and the Union — not be- tween the Foreman and the Union. In the execution of the contract, the Foreman, appointed by the Publisher, is solely the agent of the Publisher on the spot. On the other hand, the Union Chapel Chairman, in that ca- pacity, chosen by the Union, is solely the agent of the Union on the spot, to see to the proper execution of the contract. All the responsibilities of these representatives or agents as such, run uninterruptedly back to their respective principals only— and nowhere else. This single purpose of the Chapel Chairman to enforce this contract as the Union understands it, without the imposition on him by the Publisher, of a single condition outside the contract, must be countervailed by like freedom to the Foreman to enforce it according to the understanding of his principal, the Publisher, without the imposition on him of the net-work of rules, regula- tions and obligations made for the members of the Union, with- out the knowledge of the Publisher, and subject to change from time to time, even without his knowledge. It is repugnant to all legal conceptions that, in his agential ca- pacity, either representative should be dominated by or owe, either a secret or a known, allegiance to the other's principal. It is bad faith that either agent, acting as such, should be re- stricted in his honest, free judgment by any limitations not in the contract itself nor in the law of the land, even if they are im- posed on him by his own principal. It is immeasurably more unjust and immoral that such cur- 212 tailment should be imposed on one of the supervising, executing agents by the principal of the other. The administrator or executive agent (and the Foreman under the contract takes on the characteristics of both), is everywhere held to something more than good faith, — even to superabounding faith. To quote Chief Judge Ruger, New York Court of Appeals: "It is an elementfiry principal that an agent cannot take upon himself incompatible duties, and characters, or act in a transaction where he has an adverse interest or employment. * * * * l^ such a case he must necessarily be unfaithful to one or the other, as the duties which he owes to his respective principals are conflicting, and in- capable of faithful performance by the same person. * * * * Such conduct is violation of the plainest principles of morality and fair dealing, and cannot be sustained by a court of justice." In another case, the United States Court of Appeals, 1st Dis- trict (Munro vs. Smith) said: "It is a principle universally recognized, as founded not only on common business morality, but on a sound public policy, that persons who act in a representative capacity, whether styled execu- tors, administrators, trustees or agents, are not permitted in the performance of their duties to put themselves in a position antag- onistic to the interests of those whom they represent." To the intelligent friends of Union labor, its insistence on this manifest inconsistency here has been a most regrettable blunder. It will be a true service to correct this error, and will take the Union from under the deluge of judicial and popular denunciation for unfairness and practice not in accord with good morals. In its own true interests, it must not be permitted to make a contract and then terrorize the executant for the other party into apathy by discipline or threats of discipline both within and without the terms of the contract, or extinguish him or his line of successors, one after another, by the simple device of notifying the other party to the contract that the Foreman's Union card has been cancelled. They may say, "You can appoint a superintendent over the Foreman." This is enforcing economic waste and, consequently, inadmis- sible; and as a remedy, offers no hope of cure. It is the Foreman 213 from whom the men take orders, and from him only. It is he who is in direct contact with the work. It is not required of the Publishers elsewhere, and should not he required here, with so poor a purpose in view as the maintenance 'Of an immoral, generally condemned, practice. This is one of the fundamental wrongs in the relationships of the industry here. Even if it had the warrant of a parallel in every pressroom contract in the country, it is so contrary to the elementary prin- ciples of justice and common business morality, that it should be uprooted. It is an evil growth. In our discussion, it was brought -out that some years ago, the Typographical Union set on' foot, a movement to cut this criss-cross relation, because they themselves apprehended in it, a danger to their own welfare. The Foreman of all the offices represented here are now Union members, and we have the assurance that in no single instance is there an intention of changing. But neither this existing condition, nor this assurance, nor the -history of the relationship, rectifies the wrong. As long as he is ^ member of the Union, without the protection asked, he is liable to harassments, trials, discipline, removal from the Foremanship and complete discharge. As long as the Publisher is without the alter- native right to appoint any competent man, Foreman,^ or protect his Foreman from attack, outside the contract, he is liable to be told that the representative of his own selection, cannot represent liim in carrying out his contractual obligations. As it now stands, the Publisher has no guarantee of a day's •security against the outrage of unreasoning radicalism, which es- tablished Union government has so frequently expressed itself as 'distrustful of its power to control. We are informed that in Cincinnati, this very thing recently happened. An office having a tried and satisfactory Foreman, was notified that they must discharge him for the reason that his card had been withdrawn, — a procedure in which the office had no voice, On failing to discharge him, a strike was inaugurated, but subse- quently abandoned. We ask that all this be corrected, and believe that the radical 214 correction, of benefit to both Union labor and the employer, is best secured by the alternative proposed, — viz. : that the Foreman may or may not be a member of the Union; and if a member of the Union, he shall be free to serve to the best of his ability, the principal he essays to serve, and not two masters, whose interests are so divergent that twelve months' negotiations have failed to reconcile them, and a contract, called by Herbert Spencer, "Elab- orate expression of mutual distrust," must now define them. We respectfully ask that a contract on the plain rights of both parties, be imposed on us by the Court, and not a contract, of compromise. Herewith, we submit Exhibit 4, from a survey of contracts made since this controversy opened, extracts bearing on the character, powers and duties of Pressroom Foremen in other large cities. Any later exhibits will be accepted. In many instances, no mention of his Union membership is made. In other instances, when the contract is not explicit on this point, provisions appear, however, protecting him from Union fines and discipline. It is our belief that in nearly all instances, the foremen continue either active or inactive Union connections, the condition having spread out from this city where for so many years this fundamental wrong has been allowed to rest at the bottom of an increasing pile of bad Pressroom practices, against which the unparalleled Owners' protest of February 22, 1921, was finally made, culminating in this arbitration, January 23rd, 1922, when its correction, with that of other reprehensible practices, is sought. POINT OF DIFFERENCE No. 13 FIXING THE NUMBER OF HOURS WHICH CONSTI- TUTES A REASONABLE DAY'S OR NIGHT'S WORK. This point arises under the second broad principle of the Owners. "A SHIFT OF 'WORK NO LESS IN LENGTH THAN THE NUMBER OF HOURS GENERALLY ACCEPTED AS 215 A DAY'S OR NIGHT'S WORK (1) IN INDUSTRIES OTHER THAN OUR OWN, (2) AND IN OUR OWN, IN LARGE CITIES OTHER THAN NEW YORK." (1) President Wilson in his message to Congress, August 19, 1917, said : "The eight hour day now undoubtedly has the sanction of the judgment of society in its favor and should be adopted as a basis for wages where the actual work to be done cannot be completed within 8 hours." . Shortly after receipt of the President's message Congress enacted the Adamson law, which provides that: "Eight hours shall, in all contracts for labor and service, be deemed a day's work and the measure or standard of a day's work for the purpose of reckoning the compensation for services of all employees." In discussing the relation of the reduction of hours to unem- ployment Mr. Lloyd George pertinently said : "There is a theory that one way of providing employment is by reducing the hours of labor, so that there will be enough work to go round at the same wages. Reduce the hours of labor to what is legitimate and what is fair and possible, but to reduce them merely to create employment for exactly the same wage is the one way to make unemployment over the whole country. I should have thought that that stood to reason; it is really so elementary. It increases the cost of the particular commodity, which a trade is producing. If you put up the price you diminish the purchasing capacity, and if you diminish the purchasing capacity, you diminish employment. You may by this process gain something which looks like a big wage, but in the end you increase the cost of everything." After the passage of the Adamson Act, approximately one million railroad employees were paid for their services on the "mea- sure or standard" of the eight hour day. Article II Section 3 of the New York State Labor Law says : "Eight hours shall constitute a legal day's work for all classes of employees in this State except those engaged in farm and domes- tic service unless otherwise provided by law. This section does not prevent an agreement for over work at an increased compen- sation . . ." Section 5 of the Labor Law provides : "Ten hours, exclusive of the necessary time for meals, shall constitute a legal day's work in the making of brick in brick yards . . ." 216. Section 6 provides: "Ten consecutive hours labor, including one-half hour for dinner, shall constitute a day's labor in the oper- ation of all street, surface and elevated railroads, of whatever motive power, owned or operated by corporations in this State whose main line of travel or whose routes lie principally within the corporate limits of cities of the first and second class." Section 7 provides : "Ten hours labor, performed within twelve consecutive hours, shall constitute a legal day's labor in, the oper- ation of steam surface, electric, subway and elevated railroads operated within this State." HOURS IN OTHER INDUSTRIES : From National Industrial Conference Board Report No. 27, March, 1920, on Hours of Work Problem in five major industries, we find : In the Cotton industry, number of hours worked weekly is 54. In the Woolen industry, number of hours worked weekly is 50 to 54. In the Silk industry, number of hours worked weekly is 48 J4 to 50. In the Boot and Shoe Industry, number of hours worked weekly is 48 to 49>^. In the Metal industry, number of hours worked weekly is 48 to 55. In none of these industries is any less than eight hours re- garded as a day's work. Building trades, 8 hours daily. Wood manufacturers, 8 hours daily. Chemicals, oil and paint, 8 hours daily. Hours of labor in industries other than our own as shown by Bulletin No. 286 of the U. S. Department of Labor, issued Septem- ber, 1921, particularly those industries in New York City. Page 69 Pages 78-125 Pages 125-141 Pages 149-180 Pages 180-182 Pages 180-244 Pages 244-257 217 Bakers 8 hours Building trades 8 hours Chauffeurs & Teamsters 9-10 hours Metal trades 8 hours Mill work (wood) 8 hours Printing & Publishing 8 hours Theatrical 8 hours WORKING HOURS OF UNIONS employed under contract by New York Daily Newspapers. DAY DAY NGT. SAT. shift hours CRAFT hrs. hrs. hrs. a.m. to p.m. Printers 8 8 8 8 — 6 Stereotypers 8 6 8 8 — 7 Pressmen 8 6 8 8 — 7 Mailers 8 7 8 7—7.30 Fri. 8 Deliverers 8 7 8 7 — 8 Fri. 8 Photo-Engrv'g 7 1/3 6 2/3 '8—6 NIGHT shift hours p.m. to a.m. 6—3 Sat. 4—3' 9—5 Sat. 7—5 12—6 Sat. 6--5 9—8 Sat. 5—8 Pub. option 6—8 Sat. 4—8 WAGES for night work $3 above day rate same as days same as days $2 above day rate RoutemenVaame wage Drivers $3 above day rate S5 above day rate PRESSMEN'S WORKING HOURS in 36 principal cities including New York. The arrangement is ac- cording to their population as shown in the 1920 Census Reports. CITY New York Chicago 8 Philadelphia 8 Detroit 8 Cleveland 8 DAY NGT. SAT. hrs. hrs. hrs. 6 8 7 9 7 9 7 8 7 .. St. Louis 8 7% 8 Boston 8 6 Baltimore 8 7 Pittsburgh 8 8 Los Angeles 8 7 Buflfalo 8 8 San Francisco 8 8 Milwaukee 8 8 Washington 8 8 Newark 8 6 Cincinnati 8 8 New Orleans 8 8 Minneapolis 8 7 Kansas City 8 8 Seattle 8 7 Indianapolis 8 8 Rochester, N. Y 8 8 Portland, Ore 8 7% Denver, Colo 8 8 Toledo, 8 6 Providence 8 7 ' Columbus, 8 8 Louisville 8 7 St. Paul P 7 Akron, 8 7 Atlanta 8 s Omaha 8 7% Worcester, Mass 8 7 Birmingham 8 8 Richmond, Va 8 8 Memphis, Tenn 8 8 Range of population: From New York. To Memphis DAY shift hours a.m. to p.m. 8—7 7—7 7—7 8—6 *— 6.30 8.30—5.30 7—7 7—6 8—6 6—6 7—6.30 8—6 8—6 7—6 8—7 8—7 7—7 7—7 8—8 7—7 9.30—5.30 6—6 8—7 hours ramed 6—6 8—6 7—7 7—7 NIGHT shift hours p.m. to a.m. 12—6 7—6 7—7 8—6 Sat. 5—6 •—8 Sat. 9—5.30 11—6.30 7—7 8.50—8 9—8 6—6 8—6 8—6 12—6 8—6 8—6 9.30—7 Sat. 7—7 7—7 6—6 8—8 10—4.30 Sat. 8—4.30 9.30—7 6—6 8—6 by foreman 6—6 10—7 6—7 9—6 WAGES for night work same as day $2 a wk. above day aame as day same as day same as day same as day same as day $2 a wk. above day same as asy $2 above day $3 a wk. above day same as day $3 a wk. above day 10% above day same as day $3 a wk. above day same as day same as day $1% a wk. above day $3 a wk. above day $2V& a wk. above day $3 above day $1% a wk. above day same as day same as day same as day $1% a wk. above day same as day same as day same as day same as day same as day same as day same as day $5 a wk. above day 60c a wk. above day . 5,620,048 . 162,35! 218 DAY NGT. SAT. CITY hrs. hrs. hrs. Binghamton S 8 Bloomington, 111 s 6 Brocton, Mass 8 Canton, O ..S 8 Dayton, 8 8 Danville, III 8 8 Davenport, Iowa 8 8 Des Moines, Iowa 8 8 Dubuque, Iowa 8 8 Ft. Smith, Ark 8 8 E. Liverpool. 8 8 El Paso, Tex 8 8 Ft. Wayne, Ind 8 8 Ft. Worth, Tex 8 8 Fresno, Cal 7% 7% . . Greenville, S. C 8 8 Joplin, Mo 8 8 Lincoln, Neb 8 8 Lowell, Mass 8 7 Madison, Wis 8 8 Manchester, N. H 8 7 Mobile, Ala 8 8 Moline, 111 8 8 Muncie, Ind 8 8 Nashville 8 8 New Haven, Conn 8 7 Pawtucket 8 7 Fensacola 8 8 Portland, Me 8 8 Paterson, N. J 8 8 Pittsburg, Kas. . .' 8 8 Reading, Fa 8 7% . . Rockford. Ill 8 8 Rock Island, 111 8 St. Joseph, Mo 8 8 .. San Antonio 8 8 Sah Diego, Cal. ...... g 8 Scranton 8 7 South Bend 8 8 .. Sacramento, Cal 8 8 Sioux City 8 8 Springfield, Mass 8 8 Springfield, 111 8 8 .. Shreveport 8 8 Stockton, Cal 8 7 Tacoma 7 7 Terre Haute 8 8 Trenton, N. J 8 8 Tulsa, kla R 7% •. . Tucson, Ariz 8 7% . . Waterloo, Iowa 8 8 Wichita Falls 8 7 Youngstown, O. ../... 8 Population range : From San Antonio . To South Bend DAY thift hours a.m. to p.m. 7—7 8.30—5.30 9—6 8—6 — 7—7 7—7 7—7 7—7 8—6 12—8.30 fixed by agreement 7—7 7—7 7—7 7—7 8—6 9—7 *— 6 — 9—5 9.30—5.30 7—7 7—6 8—8 8—6 9—5 7.30—6.30 7—7 7—7 8—7 8—8 7—8 ■8—6 6—6 7—5.30 6—6 NIGHT shift hours WAGES p.m. to a.m. for night work 7 — 7 $3 a wk. above day — same as day — same as day 9.30 — 7 same as day — same as day — same as day — $1% a wk. above day- — same as day — same as day — $1^ a wk. above day — same as day , $2^ a wk. above day same as aay $1% a wk. above day- $2 a wk. above day same as day same as -day same as day . $2 a wk. above day same as day. same as day same as day $4 a wk; above day same as day same as day same as day- same as day same as day $3 a wk. above day same as day $1% a wk. above day $3 a wk. above day $3 a wk. above day $3 a wk. above day $3 a wk. above day $1 a wk. above day $3 a wk. above day $2 a wk. above day same as day same as day $3 a wk. above day 8 — a same as day — same as day 8- — 5 $3 a wk. above day 6 — 6 $3 a wK. anove day — same as day — same as aay same as aay 7 — 5.30 ■ $1 a wk. above day 6^6 same as day 7—7 11—6 12—7 8—8 6—7 8—8 10-6 10—6 7—8 7—7 7—7 9—7 8—8 .161,379 . 70,983 Quotations have been made from the "hours of work" pro- visions in eight-nine (89) current pressmen's contracts in eighty- nine different cities. The provisions of the contracts have been analyzed, compared and tabulated and are presented in two tables. Table No. 1 shows the working hours in thirty-six (36) prin- cipal cities arranged in order of their population in 1920. Table No. 2 shows the working hours in fifty-three (53) small- er cities. These cities are alphabetically arranged. 219 You will find the quotations in our Exhibit. A DAY'S WORK: With the exception of Fresno, California (7>4 Hrs.) every one of the contracts in the eighty-nine (89) cities called for eight hours as the number of hours constituting a day's work. A NIGHT'S WORK: There is a variation in the provisions for night work, ranging from the full eight (8) hour night to a night of six (6) hours work. Fifty-four cities contract for 8 hours. Six cities contract for 7^ hours. Twenty-two cities contract for 7 hours. Four cities contract for 6 hours (New York, Newark, Boston, Toledo, Ohio). Three cities have no contracts for night work. Sixty per cent of the cities have the eight hour night; 25% the seven hour night; the remaining 15% have either the 7j^ hour night, 6 hour night, or no contract for night work. This variation of night hours has its effect on wage scales, as we will show, and is an important wage consideration. WAGES FOR NIGHT WORK: While eight hours is generally adopted as constituting a day's work, the night hours vary from eight hours to six hours. This variation is on account of an extra reward to the worker for work- ing nights. This reward is made in two ways, (1) by shortening the hours worked at night, or (2) by paying a higher wage for night work. In a few instances, contracts provide for both shorter hours and a higher wage. Hence, in tabulating the hours for night work, it is necessary to take into account the higher wage paid for such work as well as the shorter hours. An analysis of the tables gives a clearer understanding of the several methods by which the night pressman is awarded more for his work than a day pressman. SUMMARY The hours constituting a night's work and the extra compen- 220 sation for night wofk in all of the eighty-nine cities may be sum- marized as follows: I 27 cities — 8 hour night — no extra compensation — same wage as day. 13 cities — 8 hour night — compensation $3. a week more than day wage. 3 cities — 8 hour night — compensation $2. a week more than day wage. 4 cities — 8 hour night — compensation $1.50 a week more than day wage. 7 cities — 8 hour night — compensation $5. to 60c. a week more than day wage. 3 cities — 7j4 hour night — no extra compensation. 3 cities — ly^ hour night — compensation $1.50 a week more than day wage. 16 cities — 7 hour night — no extra compensation. 2 cities — 7 hour night — compensation $3. a week more than day wage. 3 cities — 7 hour night — compensation $2. a week more than day wage. 1 city — 7 hour night — compensation $1. a week more than day wage. 3 cities — ^have no night scale. 4 cities — 6 hour night — no extra compensation. Total cities— 89. The Newspaper Owners stated to the Union in writing that : "We are willing to recognize the disadvantages of night work by paying more for eight (8) hours of night work than for eight (8) hours of day work." For the purpose of wage payments, the twenty-four hours of the day are divided. The contract should say when the hours for day work shall begin and end and when the hours of night work shall begin and end. This division — in our industry — is generally termed "shift hours." 221 From the facts we have collected you will find: DAY SHIFT HOURS : Thirty-four of the cities, particularly the smaller ones, have no mention in their contracts of the time of beginning or ending their day's or night's work, so that a study can be made of the shift hours in 55 cities only. DAY WORK Begins at Ends at 16 cities 7 am 7 pm 12 hour shift 6 cities 6 am 6 pm 12 hour shift 6 cities 8 am 8 pm 12 hour shift 3 cities 7 am 6 pm 11 hour shift 7 cities 8 am 7 pm 11 hour shift 9 cities 8 am 6 pm 10 hour shift 2 cities 8:30 am 5 :30 pm 9 hour shift — Boston, Brockton 2 cities 9:30 am 5 :30 pm 8 hour shift — Providence, Pawtucket. Milwaukee 7 am 6:30 pm '11 >4 hour shift South Bend 7:30 am 6:30 pm 11 hour shift Waterloo, la I. 7 am 5:30 pm lOyz hour shift St. Louis ** 6:30 pm 55 cities ** The beginning time arranged by the foreman, as the work requires. Twenty-eight of the fifty-five (55) cities have a spread of twelve (12) hours between the time of beginning and ending their day's work, which means that the newspapers in those twenty-eight (28) cities any eight (8) hours can be worked within the twelve (12) shift hours at the day rate, thereby avoiding the overtime penalty during those hours and giving greater flexibility in the operation of their entire plant, which is an important factor in the making and distributing of a newspaper. NIGHT SHIFT HOURS: Night shift hours are specified in fifty-five (55) out of a total of eight-nine (89) contracts from as many cities. The night shift hours show a much wider range than the day, shift hours as will be observed in the following synopsis: 222 NIGHT WORK Begins at Ends at 2 cities 6 pm 7 am 13 hour shift — Birmingham, Reading South Bend 7 pm 8 am 13 hour shift 5 cities 8 pm 8 am 12 hour shift 11 cities 7 pm 7 am 12 hour shift 6 cities 6 pm 6 am 12 hour shift Chicago 7 pm 6 am 11 hour shift 2 cities 9 pm 8 am —St. 11 hour shift Louis, Los Angeles Waterloo, la. 7 pm 5:30 am 10>4 hour shift 6 cities 8 pm 6 am 10 hour shift 2 cities 9 pm 7 am 10 hour shift -Lowell, Springfield 1 city 10 pm 8 am 10 hour shift — San Diego, Cal. 3 cities 9:30 pm 7 am 9^ hour shift -K. C. , Prov., Dayton, O. Tacoma 8 pm 5 am 9 hour shift Memphis 9 pm 6 am 9 hour shift 1 city 10 pm 7 am 9 hour shift — Worcester, Mass. Fresno, Cal. 12 pm 8:30 am 8J4 hour shift Scranton 10 pm 6 am 8 hour shift Boston 11 pm 5:30 am 7j4 hour shift Pawtucket 12 pm 7 am 7 hour shift New Haven 11 pm 6 am 7 hour shift Toledo 10 pm 4:30 am 6j4 hour shift 2 cities 12 pm 6 am 6 hour shift —NEW YORK, Newark 3 cities have shift hours fixed by foreman or mutual agree- ment. 55 cities. Total. Twenty-five cities (45%) have shift hours of 12 hours or longer; 3 cities, 11 hour shifts; 10 cities, 10 hour shifts; 8 ctees from 8 to 9^4 hour shifts; Boston has 7j^ hour shift; Pawtucket and New Haven, 7 hours ; Toledo, Ohio, 6j4 hours, and New York and Newark have only 6 hours in which to do all their press work for morning newspapers, at the regular night wage, without over- time penalty. The shift hours are lengthened on Saturday nights in St. Louis, Kansas City, Cleveland and Toledo, Ohio, to enable the Sunday newspapers in those cities to get to press earlier than on other days 223 and to print longer. Cleveland is given from 5 pm to 6 am, 13 hours ; Kansas City from 7 pm to 7 am, 12 hours ; Toledo and St. Louis, Syz hours. In each one of these cities the longer shift hours are granted at the same night wage. NECESSITY FOR CHANGES IN NIGHT HOURS Under the restrictions of the Uiiion in regard to the night hours which are "Any six hours between midnight and 6 am" the newspapers of this' city have not been able to circulate and compete in territory within their radius, without the payment of overtime for all time before midnight at the rate of time and one-half com- puted by the hour, i.e., one and one-half hours pay for five minutes or any fraction of an hour. Under these exactions some of the larger newspapers have given up the circulation advantage rather than pay the outrageous price demanded by the pressmen. They also gave up readers they already had because the Union refused arbitrarily to change its hours, and still refuses, even though the industry demands a change, as the following letter clearly shows : "PUBLISHERS' ASSOCIATION OF NEW YORK CITY "New York, Nov. 22, 1917. "New York Newspaper Web Pressmen's Union Number Twenty-five. "Gentlemen : "The United States Government, through its active control of railroad operations, in order to facilitate movements of commodi- ties, .has ordered changes in the times of departure of mail trains which carry the country editions of the morning newspapers in New York. "For instance, the' Penn. Train No. 1 1 now leaving at 2 :45 am will leave at 1 :45 am ; one hour earlier. This carries all Western Penn. mail and all through West and Southwest Mail. Train No. 45 on the New York Central, leaving at 2 :50 am has been annulled and a new train substituted; No. 43, leaving at 2:15 am, 35 minutes earlier. This train carries all New York State, Vermont and West- ern mail. "Train No. 199 on the New York Central now leaving at 3 :10 am, is scheduled for 2 :45 am, 25 minutes earlier. "Train No. 105 on the Penn., scheduled formerly at 2 -.20 am, is now scheduled at 2:10. 224 "These changes in schedules, particularly the change on the all through West and Southwest and Penn. mail will necessitate a change in edition times of the morning papers and they will be compelled to print papers earlier than heretofore in order to main- tain the circulation covered by the mail on these trains. "This means earlier press time. "Inasmuch as our contract with you restricts, operations on morning papers to the hours between 12 midnight and 6 in the morning, we could not accomplish a change in press time without a severe penalty. "We are sure that you agree with us that our contract is in- tended to serve the needs of the Publishers and the hours fixed between midnight and 6 o'clock were so fixed because those hours always did serve the Publishers' needs. Under the ruling of the Government changing these train times, these hours no longer serve the purpose of the Publishers. We therefoi'e request you to agree to a change in the contract which will make the working hours for morning papers any six hours from 11 o'clock at night to 6 o'clock in the morning. "Very truly yours, "Secretary." After a month the Union replied : "NEW YORK NEWSPAPER WEB PRINTING PRESS- MEN'S UNION NO. 25 "74 Lafayette Street, "December 26, 1917. "Mr. L. B. Palmer, Secretary-Treasurer, "Publishers' Association, "63 Park Row, City. "Dear Sir: "Action in reference to your letter of Nov. 22, 1917, relating to changes in times of departure of mail trains which carry the country editions of morning newspapers in this city came up before the organization at its last meeting in December. "Question was deferred until our next regular meeting in Jan- uary in order to notify all members, at which meeting specific action will be taken. "JOHN H. HARTLEY, "Secretary-Treasurer No. 25." At the end of two months, the Union made this curt and arbi- trary reply: 225 "NEW YORK NEWSPAPER WEB PRINTING PRESS- MEN'S UNION NO. 25 "74 Lafayette Street, "New York, Jan. 22, 1918. "Mr. L. B. Palmer, Secretary, "Publishers' Association, "New York City. "Dear Sir : "In answer to your communication of Nov. 22nd, 1917, I am instructed by New York Web Pressmen's Union No. 25 in ac- cordance with their action taken ait a regular meeting held Jan. 21st, to notify you that the organization does not see any necessity of making any changes in regards to the hours of employment and will insist that the contract be adhered to. "Very truly yours, "DAVID SIMONS "President No. 25." In addition to the mail trains we are now using, we call at- tention to many regular mail trains leaving earlier at night, which should carry New York morning newspapers, but du not. Pennsylvania trains leaving New York at 8:45 pm, 12:10 am, 12:15 a. m. and 12:30 a. m., for Philadelphia, Baltimore, Washings ton and the South and connecting with the Southern R. R. at Wash- ington for all points South carry no morning newspapers. Pennsylvania trains leaving New York at 8:40 pm and 11:30 p. m., arriving in Pittsburgh at 8:10 a. m. and 9:55 a. m., respec- tively are leaving without] New York morning newspapers. They use a train leaving at 2:40 a. m., which arrives in Pittsburgh at 2:50 p. m. New York Central trains leaving for Buffalo at 8 p. m., 11:20 p. m. and 12 :25 a. m. and arriving in Buffalo at 7 :05 a. m., 9.50 a. m. and 12:55 p. m. carry no morning newspapers. New York, New Haven and Hartford trains leaving at 11:10 p. m. via Hartford and at 1 1 :35 p. m. via Shore Line and arriving-at Boston at 6 :45 and 6 ;05 a. m., carry no morning newspapers. A train leaving at 2:10 a. m., is used, arriving in Boston at 8:58 a. m. The dispatch of morning newspapers for all intermediate points on these lines is impossible on these trains owing to the hampering and unreasonable restrictions of the Pressmen's Union. 226 We ask longer shift hours on Saturday night — 5 p. m. to 7 a. ni. — as-in St. Louis, Kansas City, Cleveland and Toledo when the Sat- urday night shift is lengthened. The reason for this request is that the many parts and larger circulations of the New York Sunday newspaper require longer operation of the presses to print the necessary number of pages and papers. It is a reasonable request and asks for no more than eight hours on Saturday night without the payment of overtime. We ask that the starting and quitting time of each press crew, shall be designated by the Publisher. The Publisher alone has the information of the public demand for newspapers both as to locality and the quantity needed. He alone has the information as to the changes in mail train time and local delivery time by wagon, trollay cars, subways and suburban trains and therefore is the only one qualified to say when presses shall start and when they shall stop, in order to promptly supply his readers with the latest news. THE BROOKLYN NEWSPAPERS AND THE PRESSMEN'S SCALE. You are asked, Mr. Arbitrator, to give a decision on a condi- tion that effects only Brooklyn newspapers. All the Printing Trade Unions in this .city have agreed to man all the newspapers which recognize the Unions. There are four classes of daily newspapers in this city as follows : Afternoon papers. Morning papers with Sunday morning editions. Afternoon papers with Sunday morning editions. Afternoon papers with Sunday afternoon editions. All the Brooklyn newspapers are in the last class.- When we contracted with the Pressmen's Union and the other Unions to employ only Union men, it was, of course, - stipulated that they should meet our regular requirements and conditions in the publication of our six afternoon editions and our Sunday morn- ing edition without overtime exactions. 227 The contract under which the four Brooklyn papers have been operating with the Pressmen's Union provides — "Evening newspapers with Sunday morning editions may con- tinue evening men at work on Sunday morning issue at the regular Saturday night scale, provided that period of at least four hours elapse between the two shifts." The Union proposes to put a heavy penalty upon the Brooklyn newspapers by forcing them to pay overtime for the publication of the Sunday morning editions. At the present time the Press- men in the Eagle Office have about four and one-lialf hours leeway after the afternoon paper is printed before coming to work on the Sunday paper. That brings them into the Eagle Office, for instance, at eight o'clock at night. The Union moidd change that condition to bring them in at twelve o'clock, making it, of course, impossible to print the paper in time for distribution. Every other Union has recognized the conditions of the Brook- lyn newspapers and has met them. To grant this demand on the part of the Pressmen's Union, and if their demands were to be insisted upon by other Unions, would compel the newspapers of Brooklyn to give up the publication of th? Sunday edition or else pay such an exorbitant price for its production that it would al- most be prohibitive. The Brooklyn papers operate for their Sunday edition, only the same number of presses that they operate on the other six days of the week and there is no intention of making any change. The Brooklyn papers contend that the obligations of the Press- men's contract demand that the Union meet the normal requirements of their Sunday morning editions without overtim.e in the same manner that other Unions do. The other Unions viz: Compositors, Stereotypers, Mailers, Drivers, Paper' Handlers meet the requirements of the Brooklyn papers necessary for their Sunday morning editions at the rates and hours provided for such work and no Union seeks to penalize an office by unreasonable j demands for overtime. If the Pressmen's demands were to be granted, at the present rate of pay, an ordinary pressman would receive $22.56 for his 228 eight hours work on Saturday night and a man in charge of a press would receive $25.56 for his eight hours work on Saturday night. Plainly this is an unreasonable and extortionate demand. As a matter of fact the working of a double-header is not a hardship — ^and certainly not to the Pressmen. The members of the Pressmen's Union who work on Saturday ' night take a day off during the week which gives them a full holiday during the week, together with a good part of their Sunday. During the week days the presses in the Brooklyn Eagle office are rarely run over three hours a day. There are three crews and the work during the week is exceedingly light. No more presses are run on Sunday than on week days. On Saturday afternoons, the men go home shortly after 3 :30 and do not return until 8 or 9 o'clock. That gives them time to go home for their dinner and secure some rest. They work seven and a half hours from eight o'clock and are then able to go home. Through an agreement made with the Union during the stress of war conditions, the Brooklyn papers agreed to pay to the Press- men's Union a bonus of $2.28 to each man who worked Saturday and Saturday night, in addition to the regular Saturday night pay of $9.50 to the Pressman in charge, making his pay $11.78 and $8.50 to the assistant Pressmen, making their pay $10.78 for Sat- urday night. This bonus to be paid only to those men who worked both Saturday and Saturday night. As stated above, this bonus was paid during the stress of war conditions and while the Brooklyn papers acknowledge the principle of paying something extra to the men who work Saturday and Saturday night, we think the amount paid at present, $2.28 is too large and we leave it to the Arbitrator for re-adjustment. For the Union to compel us to pay overtime for work which belongs within the hours stipulated by the scale, is, of course, some- thing unheard of in Union regulations and it seems to the Brooklyn Publishers that this is a matter that ought not to be considered for one moment. The pressmen on the Brooklyn newspapers are not compelled to work on Saturday nights and some of them do not do so, but it is up to the Union when it agrees to print our papers, that they furnish men for the afternoon editions at the regular day scale and 229 for the Sunday morning edition at the regular scale of hours and wages paid for night work, as these are our i"egular and normal re- quirements. In conclusion, the Brooklyn papers insist that the Pressmen's Union, as the obligations of their contract demand, live up to the regular and normal requirements of the Brooklyn papers, as do the other Unions and that no penalty should be imposed in addition to the liberal wages they now receive. In view of the facts presented, the Newspaper Owners there- fore ask that the basic day's work be fixed at eight hours maxi- mum, for both the day and night work, because that has been fixed by the most humane and enlightened sentiment everywhere as the proper limit of one day's work, because the work in several morning and evening newspapers in New York cannot be done in less than eight hours ; because both the International and local Press- men's Unions have in every city in the United States, including New York City, recognized eight hours as the reasonable and necessary measure of a day's work for one shift or the other and in many places for both alike. In New York City, eight hours, as the maximum day's work for the- day force in printing offices under Union jurisdiction, has prevailed for many years and is still observed without complaint from employers or men. In newspaper offices only, the hours for morning paper press work were fixed twenty-five or thirty years ago at six hours because newspapers were not then required by the Post Office, or for mail trains, or by the news companies for distribution before 2 o'clock a. m. As the printing of all morning editions had to be finished by 5 am, it necessarily followed that it was not possible to operate the printing presses of morning news- papers more than five hours. The agreement with the Union for six hours at night, therefore, covered every requirement of the Publishers. In recent years, notably since the war, the requirements of the Government for mail trains, the arrangements of the wholesale news companies upon which all the individual news dealers and the entire public rely for the delivery erf morning papers, and the needs of the industry, have all changed. The Union has held on inflexibly to the rules and hours of long ago, refusing to change with time, or to adapt itself to the 230 inevitable changes in the great industry in which its part is so important. We state a simple fact, without unfriendly feeling or bitter- ness, when we say- that New York Web Pressmen's Union No. 25 stands alone among the fifteen or more Unions employed in New York newspaper offices, in its refusal to make any change in its night-working hours, or to accommodate itself in any way to the obvious necessities of the work of which, under the Union con- tract, it will have first right of employment. Some other Unions have cheerfully co-operated with the news- paper publishers by changing from time to time their regular shifts to conform to the requirements of the public or train schedules. Several unions have shown the same helpful spirit in their co- operation with each other. But the morning pressmen have maintained an inflexible rigidity in their rules with this result. Morning papers that start their presses at 10 pm, must allow thd equivalent of half a Say's pay for the work done between 10 and 12 o'clock midnight, and a full day's pay for work done in the four or five hours after 12 o'clock. In New York a maximum of eight hours per night is neces- sary; one or two nights each week more is required in some in- stances to meet the requirements of morning newspaper. The Owners do not feel that any defense of the 8-hour day is necessary. It has, as the President of the United States said in a special message to Congress, on railroads, "the full sanction of the judgment of society." Congress debated this question several days three years ago. Arguments were made that in some occupations, including the ardu- ous and hazardous train brotherhoods, eight hours were too short for a full day's work. Not a single representative in Congress ar- gued that eight hours were too long! Eight hours was in wartime fixed by Congress by statute as the proper basis for a day's work and for determining compensa- tion. The decision applied to all railroad service, all Government contracts all shipyards, etc., and was made with practical unanimity by the votes of both parties in Congress. It is a goal toward which organized labor the world over has been struggling. 231 It is the law of this State, in all undertakings and the excep- tions are for a higher and not a lower number of hours. It would be superfluous here to point out that the overwhelm- ing majority of workers, both organized and unorganized, now work eight hours or more a day when they have work. No skilled trade as large as the one under consideration any- where in the United States has made its standard less than eight hours for a maximum day's work. We, therefore, ask that this clause be a part of the contract. 2. HOURS. Any eight consecutive hours, exclusive of not more than thirty minutes for lunch, between the hours of 1 a. m. and 7 p. m., shall constitute a regular day's work. Any eight con- . secutive hours, exclusive of not more than thirty minutes for lunch, between 7 p. m. and 7 a. m., except Saturday, when the hours shall be any eight consecutive hours between 5 p. m. and 7 a. m. shall con- stitute a regular night's work. POINT OF DIFFERENCE NO. 14. "Fixing a reasonable compensation for men in charge of news- paper presses, assistant pressmen and apprentices, taking into con- sideration the wages paid for similar work in other cities operating under charter issued by the same International Pressmen's and As- sistants' Union of North America, due allowance to be made for difference in cost of living in New York 6ver or under other cities, according to the official standards of the U. S. Department of Labor and the National Industrial Conference Board." On February 22, 1921, when the Owners met the Chief officers of the Union they asked for changes in working conditions "to avoid the necessity of making reductions in basic scales of wages." After failure to negotiate such a contract with changed working condi- tions the Union asked that wages- also be arbitrated. The Owners' Committee agreed. The wages of the foreman and assistant foremen of a press- room are generally fixed by mutual agreement between the Pub- lisher and his foreman. This is not only true in New York City but is true in every other large city as the pressman's contracts in these cities will show. This must necessarily be so as there is 232 a wide difference in all newspaper offices in regard to the number of men supervised, the number and size of presses. A fixed wage in New York City or any other city would not attract the class of foremen which the newspapers require. The wage scale you are asked to determine covers two prin- cipal classes of workmen. 1. Men in charge. Each press is in charge of a competent and experienced pressman who inspects the product, i.e., examines the printed newspapers to see that they are well printed and prop- erly folded. He also corrects any defects which the inspection reveals. He adjusts the flow of the ink on the ink drums. He regelates the folding devices. He is responsible for the product of his press and for the members of his crew. He should not be confounded with the foreman to whom he is responsible. The foreman is in charge of the pressroom including the men in charge, and his assistants, apprentices and other employees of the room. 2, Assistant pressmen. The assistant pressman, sometimes ^ called "pressman" in a term applying strictly to all other members of the press crew except to the men in charge and the apprentice. The work of the assistant pressman is divided and in some cities it is classified, and paid for at a graduated scale according to the duties required. The most skillful work of an assistant pressman is that of a tension man. A tension man operates the tension screw whereby the friction clamp around a pulley at the end of a spindle or shaft which passes through the center of a roll of paper and upon which the roll revolves is tightened or loosened. By loosening or tighten- ing the tension screAW* he controls the sheet or web of paper as it passes through the printing cylinders. If he tightens the screw too tight the revolution of the roll may be retarded and break the sheet or web of papen Again, if the tension screw is too loose the press will not print or fold properly and the sheet may be broken. He is at his post of duty at all times when the press is in operation. The other assistant pressmen do such work as plating, oiling, and spindling of rolls. When the stereotype plates from which newspapers are printed come from the foundry the assistants clamp these plates upon the printing cylinders by means of a series of clamps operated with setscrews. When the press is in operation the assistant pressmen oil the moving parts 233 of the press, and insert the spindles in the center of the rolls and clamp them by means of a block or wedge. He also assists in hoisting the roll of paper to the proper level or deck of the press by electric or power hoist. Such, generally speaking are the duties of assistant pressmen. For the purpose of determining the wage for the men in charge and assistant pressman we submit as Exhibit No. 6 those things which we believe toi be the essentials in determining a fair wage or rate of pay. In this exhibit you will find: a. The pressroom wages day and night in 35 principal cities. The cities are arranged in alphabetical order, the wages shown for each class of workman by the hour and by the day, for both day and night work. b. Comparison of Pressmen's Scales in American Newspaper Pubhshers' Bulletin No." 2591, issued Jan. 14, 1922. c. A comparison of the wage scales of the several crafts employed in New York newspapers both day and night, showing the hours and wages of 1914 and 1920 and increases in dollars and percentage. d. The report of the Bureau of Statistics of the U. S. Labor showing the increases in the cost of living in New York City and other large cities. e. The report of the National Industrial Conference Board showing the increases in the cost of living in the whole United States between 1914 and Jan. 1922. f. A table showing the present index figures of the cost of living in a number of large cities including New York City and the present pressmen's wage in these cities. g. A table showing the wages of New York pressmen in charge and pressmen and the dates of increases and the amount of increases from 1914. to date. h. A memorandum showing the reductions in the wages of men in charge and assistant pressmen in a number of large cities. i. A table showing the wage decrease of five printing trades unions in New York City. j. The latest issue by the Industrial Commissioner of New York State of the Industrial Bulletin, Volume 1, Number 1, Octo- ber, 1921, also the last report of the New York State Labor De- partment dated December 24, 1921, showing the average earnings of New York State factory workers in November. The basic wage of all unions employed in the newspaper in- 234 dustry is the wage provided for 8 hours of day work. The wage for working during the night hours is fixed with relation to the rate paid for working during the day hours. We will therefore first discuss what is a fair wage for day work. Referring now to the table of wages for day and night work, in our Exhibit No. 56. Letter "A" you will observe that at the present time in New York City, both the hourly wage for day work for pressmen in charge ($1.13) and for pressmen ($1.00) is higher than the wage paid in any other city in the United States. You will also see that the wage of pressmen-in-charge per day ($8.50) is higher than the wage paid in any other city and that the wage per day for pressmen ($7.50) is higher than in any other city except Seattle, where the wage is the same as in New York. The Newspaper Owners stated to the Union, "To the highest average wages paid for similar work i^ other large cities, the New York newspaper owners will add an amount that will make a generous allowance for the difference between the cost of living in New York and in other large cities." To illustrate what this means. We quote the U. S. Labor Bureau's index figure of the cost of living of December, 1921, in New York, Chicago, Detroit, Phila- delphia, Washington, and in parallel columns quote the wages paid for similar work in these cities: -Wages- Index Fig. Men in Chge. Asst. Pressmen New York 178.1 $8.50 $7.50 Chicago 172.3 7.16 6.16 Philadelphia ...._ „.. 174.3 5.83 4.66 Detroit 182.4 7.50 6.66 Washington 163 7.66 6.66 The wages in Detroit and Qeveland have been reduced re- cently $5.00 a week. The newspapers in Washington are now asking an arbitrator to reduce the wages in that city. To show that the wages now being paid to the men in charge and the pressmen in the pressrooms of New York City are fair and just when compared with wages paid to other crafts in our employ we refer to the item "C" in our Exhibit No. 6, the com- parison of the wage scales of the several crafts employed by New York newspapers. The pressmen in charge have received for day work since 1914, an increase in wage of 64.4%. The pressmen for day work 235 an increase of 78j4%. The average increase granted to printers has been 76.1%. Stereotypers have received an increase of 66 2/3%. Photo-Engravers have received an increase based upon in- creased wage and shortening of hours of 100%. A small number of the total membership of the photo-engravers union is employed in 5 newspaper offices. Their wage and hours are governed by the wage of that craft employed in the commercial shops in New- York City because such a small percentage of their entire mem- bership is employed in newspaper office. The Mailers' Union have received increases of from 86%. to 100%. The Newspaper Deliverers have received increases ranging^ from 110% to 135%. The increase of 135% was granted on ac- count of the greater responsibility of the routeman and chauffeurs, which has been placed upon , them since 1914. The- increase in the retail price of newspapers has brought an increased revenue and the routemen ^employed at day work are responsible for the collection and payment to the Publisher of all moneys received, from the sale of papers to retail dealers. Paper Handlers received an increase of 112%. The last in- crease was granted by your Honor in 1920. We sought a reduction in this wage in January, 1921, but came to no agreemeht with the Union and at present time there is no contract existing betweew. the Paper Handlers' Union and the Newspaper Publishers. Craftsmen employed in trades incidental to newspaper pub- lishing, such as Machinists, Electricians, Engineers and Firemen^ have received increases ranging from 66 to 100%. Wages for these craftsmen depend upon a wage which they are paid in other- industries where much larger number of these men are employed. We call your attention, particularly, to the wage of Electri- cians and Engineers. These two crafts have received an 80%. increase in wage. They work in the newspaper plants nights, days,. Sundays and holidays and cover the work during the full 24 hours- 6n any 8 hour shift — six days in the week. They make no differ- ence between the night rate, day rate, Sunday rate, or holiday rate. Their contracts contain no rules or working conditions. They 236 specify only that for 8 hours of work we will pay the 8 hour wage and they agree to do at all times the necessary work of their craft in maintaining those parts of a newspaper plant which may come within their jurisdiction. Considering the skill and apprentice- ship of these two crafts and the fact that they are licensed by the City of New York, the increase in wage for the work they per- form is not as high as the increase granted to the skilled trader belonging strictly to the newspaper industry. Referring again to the comparison of wage scales of the var- ious crafts in newspaper offices you will observe that the increases which have been made do not and have not at all times covered the full increase in the cost of living. Those groups which re- ceived the lower wages in 1914 were given a larger percentage of increase than those groups who were paid a higher wage on ac- count of their skill. Our justification for this is the award of the Railroad Wage Commission which, using the government labor bureaus cost of living figures in 1918, gave to those receiving the lowest wages the full increase in the cost of living and graduated the increases thereafter according to the wages paid. For ex- ample. Those getting $85 a month received the full percentage of cost of living increase in their wages but those receiving $250 a month and over got nothing. The difference in wages in 1914 in the various groups employed in newspaper offices represents a difference in skill. No group has shown any increase in its skill. Their sole plea for an increased wage has been that it costs them more to live. Referring now to the table you will note that the increases in dollars amounts to an average of about $20 per week as applied to the various groups. The Hon. John Mitchell now deceased and at one time Presi- dent of the Miners' Union in an arbitration decision in a wage dispute between the New York Newspaper Publishers and Typo- graphical Union No. 6 said on Aug. 2, 1918, "Wages of- course cannot be expected to rise and fall automatically as the cost of living rises and falls but wages must bear some relation to the cost of things which wages buy; it would seem therefore that when there is an abnormal increase in the cost of living there should be if not a corresponding at least a substantial advance in wages." We submit that each union employed in the newspaper industry in New York has received and is now receiving a sub- stantial advance in wages and that the wages of all of the groups 237 employed in our offices are now very near or above the present increased cost of living in New York City. Taking up now the reports of the U. S. Bureau of Labor Statistics and the National Industrial Conference Board showing the increases in the cost of living since 1914 we quote from the Monthly Labor Review of October 1919, Page 2, "There are five well known Index Numbers, Bradstreet, Gibson, The Annalist, Dun, and Bureau of Labor, based on wholesale prices of commodi- ties, variously grouped, and they are by no means identical in results. Comprehensive surveys of the cost of living are only two in number : First : Cost of Hving surveys by the United States Bureau of Labor Statistics. Second: Cost of living surveys by the National Industrial Conference Board of Boston. "The making of these surveys is very laborious.- Detailed expenses for a full year for hundreds of families are obtained from various localities. From these the relative importance of each item of family expense is determined. Local prices are then ob- tained and weighed according to the average importance in the family budget. Thus giving a fairly correct showing of the changes in all the items of an average family's expenses." "For such purposes as wage adjustments, there is imperative need and much practical usefulness in so combining local experi- ences as to produce an average for the country as a whole and for large industrial centers." For your information we submit as items "d" and "e" of our Exhibit No. 6 the report of the Bureau of Statistics of the U. S. Labor Bureau and the report of the National Industrial Con- ference Board showing the increases in the cost of living between 1914 and January 1, 1922. These are the figures which have governed the wage adjust- ments in all the various disputes between the newspapers of New York City and their various groups of employes, and we submit that these are'the only authoritative figures upon which adjustments can rightfully be made. For your further information the item "f " in our Exhibit No. 6 presents a table showing .the wage of pressmen in charge and pressmen from 1914 to date and amounts 238 of each increase from 1914 to date. In 1917 the pressmen in charge received an increase of $2 a week, a little over 6% of their 1914 wage. In September 1918 they received $6 more, making their wages approximately 26% above 1914. Six months later they received on February 28, 1919, $6 more, making their wage $45 per week or approximately 50% above the 1914 wage. One year later on February 28, 1920, they received another increase of $6 per week, making their wage $51, which is their present wage anJ is .644% above 1914. The pressmen in 1914 were paid $25 a week. On September 1, 1917, they received an increase of $2 or 8%. In September 1918, they received a further increase of $6, making their wage $33, $8 above 1914, which is an increase of 32%. Six months later on February 28, 1919, their wages were increased $6 more, making their wage $39, an increase of $14 over 1914 or 56%. On February 28, 1920, a further increase of $6, making their wage $45 a week which is their present wage and is $20 a week above the 1914 wage or approximately 80%. Considering the working conditions which hav,e prevailed in our pressrooms we submit that the increases in wages granted to this Union have been fair and just in comparison with other Unions who have always granted us more liberal shop rules. There is a rule in wage adjustments that other things being equal trades having rules or conditions that produce or promote waste should have a lower wage or a wage lower than the average wage. Item "g" in our Exhibit No. 6 is a memorandum of wage reductions to men in charge and assistant pressmen in a number of large cities. This memorandum is known as bulletin 2584 of the American Newspaper Publishers' Association whose ofHce is located at Indianapolis, Indiana. The Newspaper Publishers throughout the United States sent to H. N. Kellogg, chairman of the Association's Special Standing Committee copies of their wage contracts, from which contracts his bulletins are prepared. We call your attention to the reduction in pressmen's wages as follows : Canton, Ohio, $2 per week. Dallas, Texas, $2 a week. Detroit, $5 a week for journeymen and $6 a week for men in charge. Memphis, Tenn., $1.25 a week, day and night. 239 Cleveland, Ohio, $5 a week to men in charge; $4 to journey- men, whom we call Assistant Pressmen. Louisville, Ky., $2.59 for men in charge and journeymen. Providence, R. I., $2 a week. St. Paul, Minn., 5%, amounting to $2,30 a week. , Stockton, Cal., $1 a week. Youngstown, Ohio, $3 a week. Seattle, 50 cents per day and night or $3 per week. And in npne of these cities was the wage as high as in New York, although in Detroit and Cleveland the living cost was higher. This same bulletin shows that reductions have been ftiade in Typographical scales, Stereotypers scales, and that the wages of Photo-EngraverS and Mailers have been reduced. Item "i" in our Exhibit No. 6 shows""the wage decreases of five printing trades unions employed in commercial shops in New York City. There has been a reduction of from $4 to $5.50 per week in the 'various groups of employes ranging in percentage from 9.8% to 13%. On page 18 of the Industrial Bulletin issued by the Industrial Commissioner of New York State submitted as item "j" of our Exhibit No. 6 you will find a table showing the average weekly earnings in October in representative New York State factories. The average for the entire State, $24.53 per week; for New York City, $26.15. A later bulletin dated December 24 which is a part of that item says that the average weekly earnings for November was $24.32, a decrease of 21 cents per week. CONCLUSION : In our exhibit we have given to you what we consider to be the essentials in determining the wage of press- men in charge and assistant pressmen. We have shown the wages paid in New York and the wages paid for similar work in 34 other cities. We have given to you the cost of living figures fur- nished by the Bureau of Statistics of the U. S. Labor Bureau and the National Industrial Conference Board showing the increase in cost of living from 1914 to date. We have shown the index figures of the cost of living in a number of large cities and the present pressmen's wages in these cities from which you can determine what is a fair wage which the newspapers of New York City should pay as compared with the wages and cost of living in 240 these large cities. You will find a table showing the wages of pressmen in charge and pressmen from 1914 to elate giving the amount of each increase and the date on which such increase was granted. We offer for your consideration the fact that the wages of pressmen ifl charge and pressmen have recently been reduced in a number of large cities. We have stated the decrease in wages of the 5 printing trades Unions employed in commercial printing establishments in New York City. We have given to you the report of the Industrial Commissioner of New York State showing the average wage earnings of workers in New York State factories. After having determined the working conditions to be observed in our press rooms and after having determined what hours shall constitute a day's work or a night's work we ask your careful con- sideration of the wage data we have presented when you take up the consideration of what you believe should be a fair wage under the hours and rules you will have determined. WAGES FOR NIGHT WORK Having decided the wage you will name for day work and having determined the number of hours which shall constitute a night's work the wage •for night work should be iiext considered. The Newspaper Owners said to the Union "We are willing to recognize the disadvantage of night work by paying more for 8 hours of night work than for 8 hours of day work." This dis- advantage is recognized in the press rooms of daily newspapers elsewhere as you will see by a reference to the hours for night work in our Exhibit No. 6. In some cities you will find) the hours for night work to be 7 hours with 8 hours for Saturday night, owing to the large demands of the Sunday newspaper. In some cities you will find the 8 hour night and an increase in wage for 8 hours night work over the wage paid for day work. Again you will find both a shortening of hours and some increase in wage. Referring now to the first item "a" in Exhibit No. 6 you will find this differential carefully worked out. The hourly wage for day work and the hourly wage for night work for both pressmen in charge and assistant pressmen is shown. This hourly wage is arrived at by computation embracing both the shortening of the hours and the increase of pay for night work. The wage for one hour of day work of pressmen in charge in 34 cities outside of New York City is 90.4c. 241 The wage for one hour of night work of pressmen in charge is 97.3c, a difference of 6.9c which multiplied by eight, the number of hours of day work, amounts to 55.2c per day or $3.31 per week. Likewise the difference between the hourly rate for day work of assistant pressmen 80.5c and night work 87.4 is 6.9c, amounting likewise to $3.31 per week. In these 34 cities whether the differen- tial between night work is expressed in hours, an increased wage, or both decreased hours and an increased wage the result amounts to 55c a day or $3.31 per week. The wages paid to the printers in New York newspaper offices for day work are now and always have been $3 a week more for 8 hours of night work than for 8 hours of day work. This Union will not deny that this is the differential generally adopted and accepted in contracts with the Printers' Union in all cities through- out the United States. The employes of our Mailing Room work 7 hours every night in the week except Friday and Saturday when they work 8 hours and their weekly wage is $2 per week above the day wage. In the Delivery Department routemen and chauffeurs work 7 hours every night except Friday and Saturday night when they work 8 hours at the same wage they received for day work. Drivers and carriers in the delivery department work 7 hours on every night except Friday and Saturday nights, when they work 8 hours and receive $3 a week above their day wage. We have given you what we consider to be the essential facts for the determination of the wage scale for day work and for night work. In the draft of the contract which we will submit you will find that the wages are left blank. We have not even suggested a wage because we have asked you to decide first what we shall receive as a fair return in service and production for the wage you name and furthermore because we have asked you to decide the quantity of service to be given, meaning the hours of work we are to receive each day or night in return for what you consider a proper wage. • We have written this wage clause in the complete contract, we will present. 4. WAGES. The foreman being the representative of the Publisher shall be compensated by the Publisher in such amount as may be mutually agreed upon. 242 The Minimum Wages of — Man-in-charge of each press shall be Assistant Pressman shall be POINT OF DIFFERENCE NO. 15. "Fixing the allowance or payment for all overtime work at a reasonable extra rate for an actual time worked in accordance with the principles and practices of other unions in the news- paper industry in New York and of the International Press- men's Union in cities other than New York." We state first the facts in regard to the provisions of contracts of other Unions in the newspaper industry in New York. The Typographical Union which furnishes the printers in our Composing Room — the largest number of men employed in the newspaper industry in New York — has for years had this overtime clause in its contract with the Publishers. "Section 11. Overtime, which shall apply to work done before as well as after the hours specified, shall be charged at the rate of price and one-half, based on the salary received during the specified hours for time worked, unless otherwise provided for. Overtime shall be computed in 5 minute periods, unless otherwise arranged between the office and the chapel. Rotation in overtime is to be at the discretion of the office." Photo-Engravers contract with the Newspaper Publishers says "All time worked before or after the regular hours designated by the foreman shall be paid for at over-time rates, price and one- half. On days preceding holidays men shall not be requested to work more than 3 hours overtime except in emergency. The Mailers' Union after reading and considering the Owners' Statement, in a short conference with the Owners' Committee changed their overtime provision which had formerly been com- puted by half hour periods to read as follows : "Overtime for night Stampers and Delivery Clerks shall be at the rate of $1.50 per hour. Overtime for night Mailers and Elevator men shall be at the rate of $1.40 per hour. All overtime shall be computed in five minute periods. Overtime for day Stampers and Delivery Clerks shall be at the rate of $1.31 per hour. Overtime for day 243 Mailers and Elevator men shall be at the rate of $1.20 per hour. All overtime shall be computed in five minute periods." The rates named in the sections quoted are at the rate of price and one-half of the regular wage scale for the several classes of workmen. The Deliverers' Union likewise changed the contract which formerly read "Overtime shall be paid at the rate of price and one-half computed by half hour periods" to read "Overtime shall be paid at the rate of price and one-half and shall be computed in 5 minute periods unless otherwise arranged between the office and the chapel. The contracts with the Pressmen and the Stereotypers are the only ones which provides "Overtime shall be computed by the hour and shall be paid for at the rate of time and one-half. The Stereotypers' contract has not yet expired. In our Exhibit No. 7 we have quoted the overtime provisions from 80 current pressman's contracts with newspaper Publishers in 80 different cities. In 79| of the 80 cities overtime is one and one-half times the price of work for the regular hours fixed as a day's or night's work. Computation in 3 cities, New York, New Orleans, Fresno, Cal., is by the hour, which means that any part of an hour is counted as one full hour and the worker is paid for 1^ hours work. In one city, Newark, N. J., computation is by half hours, Washington and San Antonio, Tex., compute overtime by one quarter hours; 74 cities compute by actual time worked. In no contract can you find the uneconomic, wasteful and un- productive overtime provision which you will find in the former contract between the Publishers and Pressmen's Union in New York City. 1. Rate — price and one-half. 2. Computed by the hour. 3. For all time in excess of 8 hours days and 6 hours night. 4. For all time before and after shift hours. Relief from this overtime restriction of the Pressmen's Union is asked. (a) Because it is wasteful and unproductive, the workmen receiving pay for which they may not render full service on account of computation by the hour. 244 (b) Because with one exception (and that exception is in an unexpired contract) not one of the Unions employed in the New York newspaper industry now receive payment for overtime by any computation greater than 5 minute pei'ods. Computation of overtime of the photo-engravers is by actual time. We therefore pray for relief and ask you to insert in our contract the following provision or a provision of similar import. 5. OVERTIME. AH time actually worked in excess of the number of hours fixed herein as constituting a day's or night's work, exclusive of lunchtime, shall be counted as overtime. Time and one-half shall be allowed for such excess time, which shall be paid for at the prevailing scale of wages. Pt)INT OF DIFFERENCE NO. 17. "Determination of luncheon periods with reasonable leeway for emergencies but always with due consideration for the health and welfare of the employe; lunchtime to be paid for only when the operation of the press on which the man is engaged is not interrupted." Lunchtime provisions in contracts with other Unions in our offices : Printers' contract says : "8 continuous hours (including 30 minutes for lunch) shall constitute a day's or night's work. Chapels and foremen shall provide for the time to go to lunch, but the foreman shall not send an employe to kmch until he has worked at least three hours, nor shall the foreman keep an employe more than four hours from starting time before allowing lunch, except in cases of emergency." Stereotypers' contract says : "Men employed on evening papers and on Sunday issues of morning papers shall be allowed a half hour for lunch." Photo-Engravers' contract says: "A uniform regular interval of one-half hour shall be allowed by the party of the first part for lunch each day. In no case shall said lunchtime be paid for by or considered the time of the first party — meaning the Publisher. The contracts with the Mailers' Union, the Deliverers' Union, 245 and with the Unions known as the Incidental trades have no lunch- time provisions. In all of the Unions named except the Photo-Engravers', the members take their lunch time at such intervals as are possible without interrupting their work or the operation of any of the machines in their departments. In the Photo-Engravers' work, where the various processes of the workmen stop, members of that Union take their lunchtime of 30 minutes and it is not in- cluded in the hours of work nor is it paid for by the office. We will now quote from the lunchtime provisions in Press- men's contracts in other cities, giving the length of the luncheon period and showing the custom in regard to paying for the luncheon period or rather in regard to including it as a part of the working hours. — BOSTON : "The hours for work shall be as follows : For day press crews any eight hours from 8 :30 to 5 :30 with one hour for dinner between 11 and 2. No man to work more than six hours without at least 30 minutes for lunch. Night crews work only six hours and no luncheon period is allowed." CHICAGO: "Eight consecutive hours exclusive of lunchtime shall constitute a day's or night's work. An interval of not less than 15 minutes nor more than one hour shall be allowed for lunch. Such lunchtime shall not be paid for by the office." CINCINNATI: "An interval not to exceed 30 minutes for lunch may be arranged between the office and chapel and lunchtime shall in no case count against office time." CLEVELAND : "Any 8 consecutive hours exclusive of one- half hour for lunch at the discretion of the foreman shall constitute a day's work. Any 7 consecutive hours exclusive of one-half hour for lunch at the discretion of the foreman shall constitute a night's work." DETROIT : "All time over 8 hours days and 7 hours nights -shall be considered overtime except that 20 minutes shall be given for luncheon at such times as the foreman may designate and the employer shall have this time either earlier or later in the day pro- vided it is taken within the shift hours." INDIANAPOLIS: "Foremen shall fix the time for begin- ning a day's or a night's work. They shall allow time for luncheon 246 not to exceed one hour. This time shall not be a part of the regular hours of labor." KANSAS CITY : "8 consecutive hours exclusive of not more than 30 minutes for lunch shall constitute a day V or night's work." LOS ANGELES: "8 consecutive hours shall constitute a day's work and 7 hours a night's work and a reasonable time shall be allowed for lunch not to exceed 30 minutes." LOUISVILLE : "The foreman shall fix the time of beginning a day's or night's work and shall allow time for luncheon not to exceed a half hour. This time shall not be a part of the regular hours of labor." MILWAUKEE : "8 consecutive hours shall constitute a day's or night's work allowing at least 30 minutes for lunch exclusive of working hours." OMAHA : "8 consecutive hours shall constitute a day's work. 7j^ consecutive hours shall constitute a night's work exclusive of not more than 30 minutes for lunch. No man shall be required to work more than 5 hours without being allowed to go to lunch. PITTSBURGH: "8 consecutive hours exclusive of a half hour for lunch shall constitute a day's or night's work. ST. LOUIS : "The hours of work shall be continuous except for a reasonable interval which shall be allowed each day or night for lunch which shall not be less than IS minutes nor more' than 30 minutes. The time for taking lunch shall be regulated in each office by the foreman. In no case shall the lunchtime be paid for by the employer." SEATTLE: "8 consecutive hours shall constitute a day's work exclusive of 30 minutes for lunch. 7 consecutive hours with the same allowance for lunch shall constitute a night's work." WASHINGTON: "The hours of labor shall be continuous except for an intermission of a half hour for lunch." A sufficient number of quotations have been made to show that in the large cities outside of New York the lunchtime is not considered a part of the working hours. The period for luncheon ranges from 15 minutes to one full hour but is usually stated to be 30 minutes. Most of the contracts provide that the lunchtime shall be at the discretion of the foreman. 247 In the newspaper offices in this city the lunchtime of the printer or compositor is considered a part of the working hours. The printers kave in turns at the discretion of the foreman so that the work and processes of the composing room are not inter- fered with. If it were possible to stop the work in any or all branches of the Composing Room at the same time, the newspapers -would arrange with the printers, the same luncheon provision which is inserted in their Book and Job Scale, which says : "8 consecutive hours exclusive of lunchtime shall constitute a day's work. Lunchtime may be arranged by mutual consent but an employer cannot keep an employe from lunch more than 41^ hours before allowing a reasonable time for lunch except in cases of emergency. Any employe compelled to work during lunchtime must take the regular time for lunch when the other employes return to work." It is the practice of commercial printing establishments in New York City, to stop all presses in the middle of the day or night and give each employe an interval for lunch. The nature of the newspaper business prohibits such practice generally in composing rooms. When the employes of the pressroom take their lunch intervals from time to time without interrupting the operation of the presses it is fair that the Publisher should consider the luncheon period a part of the working hours. When a printing press is shut down and all members of the crew are given a luncheon period of 30 minutes at the same time and production is thereby suspended, we ask that luncheon under such conditions shall not be considered a part of tlie regular work- ing hours. We are justified in asking this exception since the luncheon period is not generally considered a part of the working hours and paid for in newspaper offices elsewhere without any mention as to whether the operations of their presses are suspended during their lunch periods or whether they are not suspended. Furthermore the practice of including luncheon periods in the working hours is uneconomic and wasteful since wages are paid when no work is performed and our machinery is idle. In view of the facts we have stated we have written for your 248 consideration and we ask you to insert in the contract a luncheon provision reading as follows: 3. LUNCHEON : The time for luncheon shall be designated by the Publisher. A full half hour for luncheon shall be allowed each man during each eight hour shift, but no man shall be sent to limcheon until he has worked at least three hours, nor shall he be kept from luncheon more than five hours from starting time, except in cases of emergency. When more than one hour's over- time is required at the end of a regular eight hour shift, a second luncheon time shall be allowed. Luncheon time shall not be a part of the regular hours of labor, nor shall it be paid for in ofKces where the intervals between editions permit any press to stop so that the crew can go to lunch. In offices where continuous opera- tion of the presses is necessary, if men take their luncheons in turns and the presses continue in operation, such half hour luncheon time shall be counted as a part of the eight hours work. The New York Web Pressmen's Union No. 25 designates a branch of membership known as junior pressmen, which embraces boys employed as fly boys or carrier boys. It is the only Union that does. Duties of fly boys are to take papers from press folders and deposit them on a table or conveyor. Where an automatic conveyor is not installed carrier boys transport papers from the fly to the mailing room. Inclusion of such occupations under juris- diction of the New York Pressmen's Union was originally demanded by the Union on the assumption that such employes should be af- forded opportunity to learn the trade, and in time become competent pressmen. This theory, however, has not been borne out in practice. The situation today is that boys employed at unskilled labor are made a part of and have the voting power in an organization of pre- sumably skilled workers, and the organization in which they hold membership negotiates their wage scale. After careful investiga- tion, and to the best of our knowledge and belief, the New York Union is the only organization in the United States under the jurisdiction of the International Printing Pressmen's and Assistants' Union which designates such class of meihbership for the purposes mentioned. We are asking in the contract we propose that we employ members of Web Pressmen's Union No. 25 in such numbers as are required for the operation of presses. The apprenticeship clause in our proposed contract provides for the employment of 249 apprentices in ratio of one to each press, and such employment provides opportunity to learn the trade of pressmen. The conten- tion may be made that fly boys and carrier boys are now members of the Union, and as such must, be provided with employment. In this event, and provided the provision in our proposed contract for the employment of apprentices be written into the award, such junior pressmen as are considered competent or fit may be employed as apprentices. If not competent or fit, obviously they would come under the category of unskilled labor, in which event they could hardly be considered as qualified to hold membership in a union composed of presumably skilled workmen. Preference _in employ- ment as fly boys or paper carriers would of course be accorded such men or boys as have been previously employed in these occupa- tions. In pressrooms provided with automatic conveyors carrier boys are unnecessary, although their employment is demanded by the Union and their duty in many instances consists in applauding the manner in which the automatic conveyor does their work for them. Let us note the practice in other major cities : Boston Herald: Automatic carriers. Jurisdiction of opera- tion lies with neither pressmen nor mailers. Boston Globe: Has no fly or carrier boys. Baltimore News: "Pressmen do not have jurisdiction over transportation of papers. Fly boys wage $18 per week. Baltimore Sun : Pressmen have jurisdiction of papers from fly to mail room. Fly boys paid $18 weekly for day work, $20 weekly for night work. Carrier boys 40c per hour. Chicago Herald ExanTmer and American: Circulation boys take papers from fly to mail room. Chicago Daily News : Fly and carrier boys $18 weekly. Auto- matic conveyors. Chicago Tribune: Pressmen have no jurisdiction over trans- portation of papers. Cleveland Plaindealer: Pressmen have no jurisdiction over any men except those engaged in actual operation of presses. Cleveland News: Pressmen have no jurisdiction over trans- portation of papers. 250 Kansas City Star: Pressmen have no jurisdiction over handling papers. Los Angeles Herald : Pressmen do not have jurisdiction over transportation of papers. Los Angeles Times : Pressmen do not have jurisdiction over handling of papers. Milwaukee Journal: Pressmen do not have jurisdiction after papers have left fly. Memphis Journal: Pressmen do not have jurisdiction over transportation of papers. Philadelphia Inquirer: Pressroom has no jurisdiction on papers from fly to mail room. St. Louis Post Dispatch: Pressmen have no jurisdiction over transportation of papers. St. Louis Globe Democrat: Pressmen do not have jurisdiction over carrying papers from press to conveyor or mail room. San Francisco : Pressmen have no jurisdiction over trans- portation of papers to mail room. Seattle Times : Pressmen have jurisdiction but do not exercise it. It would appear from the foregoing citations that although in many' cities pressmen have jurisdiction over transportation of papers from press to mail room, in others they have not. There is no question but that such work can be performed by unskilled labor, and that the work does not involve any knowledge whatever of press work. We ask your Honor not to impose upon us the further necessity of negotiating with an organization composed presumably of skilled workers for the employment of its members for the performance of commonplace tasks. 251 APPRENTICES AND APPRENTICESHIP 255 APPRENTICES AND APPRENTICESHIP On page 190 of the minutes, we asked for time to go through the pressmen's contracts in other cities and find out what is the best arrangement that any newspaper makes with its apprentices so that they can learn the Pressmen's trade. On page 185 to 189, we discussed the present employment of Junior Pressmen in New York Newspaper offices. We showed that a large part of the work done in New York by these Juniors is not under the jurisdiction of the Pressmen's Union in other cities. It is the work of unskilled labor and does not involve any knowledge whatever of press work. We suggested on page 186 of the minutes that, when a provision is written in the new contract for the employment of apprentices, such junior pressmen as are considered competent or fit may be employed as apprentices; if not competent or fit, obviously they would come under the category of unskilled labor and should be so considered. On the same page we say preferences in employment as fly boys or carrier boys would of course be accorded such men or boys as have been previously employed in these occupations. More fly boys ^and carrier boys are now employed in our pressrooms than can possibly be given an opportunity to learn the trade by working as apprentices. One of these Juniors, becoming an apprentice, should be a part of each press crew> thereby giving employment to as many Juniors as we thus can and putting them in the way of becoming skilled workers. It is necessary to have at least one apprentice in each press crew to prevent industrial suicide. Ninety-nine crews are required, day and night, for the operation of presses in our New York newspaper pressrooms. About 1,000 pressmen and men in charge are employed to pro- vide for regular work daily and Sunday, extra work and lapses. This does not include 600 Junior members of the Union who go to make up the 1,600 members of the Union who Mr. Simons says are employed at the maximum by the members of our Association. 257 In no other place in the country is there such a classifica- tion as Junior pressmen in the pressrooms and in no other place in the country is such a classification included in Press- men's Union membership. An apprentice must put in 5 years apprenticeship so that with one apprentice employed on each press 20 apprentices would be graduated each year. This is small protection for possible circulation increases and the lapses of the Union, such as death of the older members, and withdrawal of others from the Union. The wage of the Junior Pressmen which includes flyboys and carrier-boys is now $30 per week. In 1914 their wage was $13 per week, an increase of a little over 130%. The wage of flyboys and cajrrier-boys — those unskilled laborers— who are not apprentices should now be reduced to $23 per week, which is a wage about 80% above their wage in 1914. The wages of the apprentice should start at $24 a week for the first year and should thereafter be increased at the rate of $2.50 per year, which is greater than apprentices receive else- where. A further provision should be added that at the end of the conclusion of his term of apprenticeship, if competent, an apprentice should be eligible to a journeyman pressmen's situ- ation, and should have the first right of employment as a press- man, provided, there is a vacancy, but that the graduate ap- prentice may continue to fill the position of apprentice while waiting for a vacancy in the ranks of the pressmen. The ap- prentice should be subject to the same working conditions as provided for pressmen and pressmen-in-charge. CHICAGO contract provides "Apprentices shall be se- lected by the Publisher and may be placed in his discretion at any task in the pressroom at any time. Each publisher may have one apprentice for each press (crew) and the apprentice shall work as a member of the" press crew." ROCHESTER: "The flyboys shall be the apprentice on the press and only one apprentice on the press." ' DETROIT: "Each office shall be entitled to one appren- ticeship for every press and no apprentice shall take precedence 258 over a journeyman except in cases of emergency." SALT LAKE CITY: "One apprentice may be employed for each press operated or being made ready or being cleaned." SEATTLE: "One apprentice shall be employed on each press. They shall perform the work assigned them by the foreman and their work shall never be that of a flyboy. One flyboy shall be employed for each folder operated and he shall carry plates to aivd from the press." MEMPHIS: "Each office shall employ one apprentice to every press run. The foreman shall designate the work to be performed by the apprentice. Apprentices may be used as a member of the press crew provided that no journeymen can be furnished by the Union. They shall serve five years at least as such and may be placed at any task on or about the press, provided they do not displace a journeyman. The Union agree- ing at all times to supply the quota of apprentices contracted for in this agreement." We would add to an apprenticeship provision that there is a mutual obligation binding alike on the Publishers and the Union to insure the proper training of intelligent and well inten- tioned young men who are employed as apprentices so that they may be eventually promoted to the position of a press- man. No greater injustice can be done to young men, starting out in life to perfect themselves in a skilled trade, than to with- hold from them full opportunity to attain their praiseworthy and useful goal. They should not be permitted fo become the victims either of Union politics or of the employers' indifference and negligence. You will find a draft of our suggested apprenticeship clause in Section 14 of the proposed contract, which, with wages in- serted, reads as follows: Section" 14. "Apprentices shall be allowed at the ratio of one to each press crew and they shall be permitted to do such work as may be designated by the Publisher; provided, that when considered competent by the Publisher they may tem- porarily perform the work of an assistant pressman and when so employed continuously they shall receive the wages of an assistant pressman. 259 The wages of apprentices shall be: 8 hours 8 hours Day work Night work First year— per day $4.00 $4.50 per night Second " " " 4.41 4.91 " Third " " " 4.83 5.33 " Fourth " " " 5.25 5.75 " " Fifth " " " 5.66 6.16 " The Publisher and the Union shall enable all diligent and intel- ligent apprentices to learn their trade promptly and thoroughly." Flyboys and carrier-boys, who are not apprentices, shall be classed as unskilled labor and need not be members of the Union. The minimum wage of such flyboys and carrier-boys shall be: Day work $3.83 a day — 8 hours. Night work $4.33 a night — 8 hours. Feb. 1st, 1922. PUBLISHERS' REPLY TO UNION STATEMENT. Let us mark the length and direction of the first step taken by the Union entering this Court of ArbitratioA. Let us char- acterize it and its aim at once. It was a knowing, deliberate and grave misrepresentation, intended to deceive the Court, — a misrepresentation, fortunately, disproved by every record in the case. It is a light on all other controverted issues. In his opening statement, the Union representatives said, (Page 213, Minutes) : "The Union contends that the sub-committee of the News- papers purposely delayed negotiations and is making demands for revolutionary changes in the established working conditions merely in an attempt to prevent the Union from securing the proposed increase in wages. Delay was considered advan- tageous to the Newspapers because of the anticipated decrease in living costs. The demand for a drastic revolutionary change in working conditions was calculated to place the Union on the defensive and detract from the merit of its demand for an 260 increased wage scale. The latter move has been one of the favorite tactics of the representatives of the Newspapers in this- city, in proof of which we quote from former arbitration proceedings, as follows: The Owners' address of February 22nd disproves this. International President Berry's accepted reply of the same date, disproves it. The refusal of the Union, after our proposal of March 31, of the most modern form of arbitrament, viz.; 3, 5 or 7 disin- terested arbitrators, disproves it. Our letter of March 31 and ithe Union's reply of April 5, follows: New York Newspaper Web Pressmen's Union No. 25, David Simons, President, 527 World Building, New York City. Gentlemen : The sub-committee appointed by the New York Newspaper Owners to negotiate a new contract providing for changes in hours of labor and working conditions that are essential, re- ported today to the Owners: First: That the Union sub-committee, after six prolonged meetings with the Newspaper Owners Committee and nearly twenty hours discussion, had refused to accede to any changes in working conditions that would bring those conditions in New York City into accord with practices approved by the industry and by the Union itself in other cities. Second: That the agreement to arbitrate all differences arising under verbal or written contracts which was in force for several years prior to September 1, 1918, expired on or be- fore that date by inadvertence on the part of the Newspaper Owners and so far as we know on the part of the Union. All their efforts at conciliation and negotiation having failed, the Newspaper Owners at a special meeting today unan- imously agreed to submit all the questions that have arisen between them and the New York Web Pressmen's Union No. 25 to a Court of arbitration to be constituted in accordance with the rules adopted by the Government and approved by the largest Unions as follows : Three representatives, impartial, men of high character to be selected by mutual agreement of the Union and the Newspaper Owners; two representatives to be named by the Union and two representatives to be named by the Owners; the Arbitral Board thus constituted to sit as 261 a Supreme Court and to decide all questions without further delay. The Newspaper Owners insist on this form of arbitration so that none of the rights, equities, or interests of either side can be prejudiced or imperilled. The sessions of this Court would be open ; its decision made in executive session promptly thereafter by a majority vote, and the decision would be binding upon both parties. A prompt reply is requested. Very truly yours, LESTER L. JONES, March 31, 1921. Executive Representative. Mr. L. L. Jones, Publishers' Association, World Building, City. "I am instructed by the full Conference Committee repre- senting New York Newspaper Web Pressmen's Union No. 25 to advise the newspaper owners that our sub-committee is prepared at the earliest date convenient to your sub-committee to meet and discuss the matters referred to in your letters of March 31, and April 2. This Union will give consideration to any proposal as to the form and complexion of an arbitration board, but we be- lieve that neither the newspaper owners or the Union should attempt to arbitrarily dictate how such a Court should be com- posed. If you will advise me I will arrange for our sub-committee to meet with yours as soon as convenient to your committee. DAVID SIMONS, President. April 5, 1921. The refusal of the Union, after their letter of April 5, to even submit this question, as to the constitution of the Court, to a single arbitrator, disproves it. The admitted waiver by the Publishers of the right to arbitration of this question and the admitted withdrawal of the proposal of 3, 5 or 7 disinterested arbitrators to expedite set- tlement by less preferable methods, disproves it. Their recorded and delaying tactics to get away from the arbitration pledges of February 22 and March 17, to arbitrate "all points of difference" disproves it. 262 The signed minutes of October 13, 1921 (signed by both parties) which minutes record: "The Union Committee then said they had received no authority and had no authority to arbi- trate any question except wages," disprove it. The letter of the Publishers to the Union, of December 24, disproves it. The Union's letter of January 3, 1922, protesting against the Publishers peremptoriness in forcing the issue, disproves it. The general reductions in wages already in effect in vari- ous industries in February, 1921, and cited in the Owners' ad- dress of February 22, disprove it. The whole trend everywhere between February, 1921, and date, disproves it. The steps taken by the Publisher, in desperation, to bring to the city at a cost of thousands of dollars, a force to man every .pressroom in the city, disprove it. Not until the Union probably advised by its associates in different parts of the country realized that it was conflict or arbitration, did it consent to arbitrate, even according to the methods of its own) dictation. And now, doubtless relying on our unwise promise, given at their request, to make no verbal reference to the precedent discussions of the attempted conciliation, they have the effron^ tery to come into Court with this deceptive aspersion on our good faith. They lost sight of the written record. We stress this, not only because of the outrage on us after the demonstration of our preference for collective dealing in this department as in all other departments, but because it illu- mines every issue in this controversy, and every claim of haz- ard, accidents, hardship, strain and even that accentuated zeal on which, however, a cunningly devised contract of working conditions lays every restraint. At the very threshold of the inquiry, this misrepresentation characterizes the means and methods of men pretending to ask for the imposition on them and on us of a righteous set of mutual obligations. Page 216 of the Minutes, Mr. Simons continues: 263 "In this case, differences between the Union arid the Pub- lishers, which never have been submitted to arbitration, are to be presented to this Board foiF decision. The issues include most of the important conditions of einployment which have been in effect and mutually agreed to year after year for the past 30 years. "The Union therefore is in the position of not knowing definitely just what issue the Newspapers intend to submit to you for adjudication and likewise are denied the opportunity of apprising the Newspapers of the ones they themselves are going to raise." If this is intended to convey the idea of surprise, the Court must wonder what occupied the sub-committees during- the eleven months of negotiations. As history, it is scarcely much more reliable, and would call for volumes of explanation of the phrase, "been in effect and mutually agreed to year after year." In 1910 the Publishers asked : HOURS — Day, 8 hours, between 6 a. m. and 7 p. m., Night, 8 hours, between 6 p. m. and 6 a. m. The determination of the number of men by the office. OVERTIME — Price and one-half; no overtime on regular issue. In 1915 the Publishers asked: HOURS — Day, 8 hours, 6 a. m. to 7 p. m. ; Night, 8 hours, 6 p. m. to 6 a. m. LUNCH^Half hour to individuals, but not to crews, so the presses may continue runs. OVERTIME— In IS minute periods. REDUCTIpN OF MEN ON PRESSES AND TRANSFER OF MEN. Page 16 of the Minutes, Mr. Simons says: "We have had, your Honor, a contract for the past num- ber of years, which, as we feel and most of the Publishers have felt, has worked out very satisfactory to both sides, and we submit the copy of that contract. ..." 264 If the Board will consult that contract and then read the following letter to the Union, which antedated that contract by 30 days, it will show how satisfied the Publishers were and what glorious mutuality and legal meeting of minds is repre- sented therein : February 2, 1920. New York Web Pressmen's Union No. 25, 527 World Building, New York City. Gentlemen : With the near approach of the date on which a new con- tract is to be entered into between your organization and the Publishers Association of New York City the Pressmen's Committee of that Association has been considering conditions of labor in the industry at large, and in the pressrooms of New York City in particular. This Committee now feels it incumbent upon it to call the attention of your Executive Officers to the following existing practices which are not in conformity with conditions in press- rooms in other cities and which are uneconomical and prejudi- ■ cial to the interests of the Publishers and we believe inimical to the best interests of your organization' in the final analysis: 1. The position of the foreman under the existing arrange- ment is an anomaly. His responsibility is to the Publisher. Penalty for his acts is assessed by the Union. It would seem that there should be some basis of arrangement whereby such of his acts as are based on direct orders of the office should not submit him to penalties at the hands of the Union. 2. The existing regulations covering the complement of men required for the operation of a press of any given size are not in keeping with the practice observed in other cities and should be revised. 3. The existing regulations covering the hours of labor, either day or night, do hot conform to the economic require- ments of the industry in New York City and should be revised. 4. Inasmuch as the relations between the members of your Union and the various Publishers' offices are essentially a de- livery of a certain amount of labor within a certain definite period for an agreed-upon wage, there should be nothing in the contract requirements to interfere with the most advantageous use of that labor in the pressrooms. A free transfer of men to any position should be allowed so long as the full complement of men per press is employed. 5. Overtime should be computed and paid for on the basis of the time actually worked. 6. When it is impossible for the Union to supply the num- ber of men required in any office and the office is therefore com- 265 pelled to operate its presses with short crews, the present prac- tice of demanding pay for the situations so left vacant is not just or equitable and should be changed. 7. The present arrangement whereby lunchtime in over- time is charged to the office should be discontinued. The oiifice is already penalized for its use of overtime in the rate, and a penalty for non-productive time should not be assessed. 8. There should be a revision in the existing arrangement regarding juniors. They should be cliassified as apprentices and a definite term of indenture arranged with a graduating scale of wages and an increased opportunity for the junior to become a competent pressman. A graded proportion of his time to be given to actual pressman work in an increased extent as his term of apprenticeship advances. The Publishers' Committee will be glad- to meet with the representatives of your Union and discuss these points with them, as well as the basis of compensation for service to be rendered for another year. Very truly yours, LESTER L. JONES, LLJ :BTC Executive Representative. 'Many conferences were held. The Union refused to change any working conditions. Wages were increased $6 per week to all members. As a last chapter of the history of this 30 year war, it sum- marizes the whole story and shows why the so-called "revolu- tionary changes" are now sought. Let us hope they are now obtainable by reasonable and peaceful methods. _ HOURS Section 2 of the Publishers proposed contract provides, "Any 8 consecutive hours exclusive of not more than 30 minutes for lunch, between the houre of 7 a. m. and 7 p. m., shall constitute a regular day's work. Any 8 consecutive hours, exclusive of not more than 30 minutes for lunch, between the hours of 7 p. m. and 7 a. m., exception Saturday, when the hours shall be any 8 consecu- tive hours between 5 p. m. and 7 a. m., shall constitute a reg- ular night's work. Men called between 5 a. m. and 7 a. m.^for day work shall receive $1.00 extra. Starting and quitting time shall be designated by the Publisher. "Men working Saturday and Saturday night on Brooklyii Newspapers shall receive the regulaf Saturday night scale for 266 Saturday night, provided at least 4 hours elapses between the two shifts." HOURS CONSTITUTING A DAY'S WORK We seem to be agreed that 8 hours shall constitute a day's work when done in the day time. We are also agreed that if we cannot stop the presses and let the whole crew go to lunch at the same time the Publisher should include the lunch- eon" period of 30 minutes in the working hours if production is not interrupted. The Union asks for 30 minutes luncheon period to be included in working hours under all conditions. Such a determination we say would be wasteful and uneconomic — a. wage would be paid when no work is done — a condition not to be' found in pressroom contracts elsewhere. (See Min- utes, pages 179 to 182.) HOURS CONSTITUTING A NIGHT'S WORK We ask 8 hours every night in the week, as a night's work to be performed within the night shift hours, lunchtime not to be included in the working hours if the presses stop and production ceases. For this 8 hours of night work we have offered (page 171 of jMinutes) to pay a higher wage and we have shown that the averkge difference between day work and night work in pressrooms in other cities when expressed in money is 55c a night; (See page 172 of Minutes.) We have explained the physical and economical necessity for longer hours. We must get what normal production we can from the presses so that we shall no longer be restricted in circulation expansion in territory we can now reach because of the restrictions shown in the minutes, pages 142 to 145. See the Publishers' letter of Nov. 22, 1917, and Union's reply of Jan. 22, 1918. We need 8 hours at night for the regular normal work to be done. We have shown that these hours are generally given in other cities. (See our Exhibit No. 5.) The Union says "Longer hours will increase the hazard." This is a bald statement without facts or proof. The Union further says : "Longer hours produce mental and physical strain — fatigue on account of noise — and eye strain." The Union has not shown more noise, more fatigue, more 267 eye strain, or more physical strain or mental strain at night than in the eight day hours. The Union has been crowding the press work at night against our protest into a 6 hour straight-jacket of their own arbitrary making. Eight hours of work at night will relieve the pressure on both the men and the machines and ipso facto reduce the hazard. No valid reason has been given by the Union for less than 8 hours to constitute a night's work. The restriction of the Union to 6 hours is a root evil from which rank uneconomic- growths extend to all departments of distribution. In this restricted six hours, six hundred (600) ton.s; of paper are nightly turned into 1,800,000 copies of printed newspapers. By this first restriction in the pressrooms twenty-five per cent. (25%) of the time is cut oS of the time for distribution. It means just that much more congestion, unnecessary labor, and unnecessary strain in the mail and dispatching room; just that much more speed of ferry and railroad, automobiles and vehi- cles, already at the limit too frequently exceeded in violation of the laws. The Union says again in regard to Night work: "We have difficulty in getting men to work nights." "We have to force men to work nights." It is only natural that some men should prefer to work during the day hours. The Publishers and Owners recognize the natural disadvantages of night work and are willing to pay more for 8 hours of night work than for 8 hours of day work. But, the fact remains that it is impossible to print morning newspapers in the day hours and that therefore the press work must be done at night to supply the public demands. This night work was not instituted nor is it continued for the purpose of inconveniencing and dis- comforting pressmen, nor can the pressmen rightfully use it as a means of imposing unjust, uneconomic, and wasteful con- ditions. If the members of the Union so object to the night work which is essential to the morning newspapers supporting them and all others employed at night, that they can be induced by their officers to do the night work only by pressure and dis- 268 cipline, the Publishers are perfectly willing to have and the publishers do here suggest a contract with the union covering only work in the day time for the evening newspapers ; and the publishers will obtain from other sotyces and on other terms its labor for the operation of the presses at night. DAY SHIFT HOURS We are asking for 8 consecutive hourj of day work, not including lunch, to be performed between the hours of 7 a. m. and 7 p. m. Two of our larger evening newspapers begin print- ing at 7 a. m. with one or two crews, so that far away points may be served early with the latest news — some few of the newspapers printed at this hour are sold in the city but this is only a feature of the early 7 a. m. start and not the necessity. Four of our evening newspapers print as late as 7 p. m. and hold a few crews during the Baseball season. They occa- sionally print as late as 8 p. m. when the games are late, for which they pay overtime and will continue to pay over- time. The peak of production is covered hy press crews called at 9 a. m. and quitting 5 :30 p. m. Shift hours of 7 a. m. to 7 p. m. are needed to cover the regular normal work of evening newspaper pressrooms. If at any time crews are called between 5 a. m. and 7 a. m., we offer to pay $1.00 extra to each pressman called. This amount is to cover the early breakfast and inconvenience of travelling before 7 a. m. The Union says "Day work shall start at 9 a. m. because (1) 8 a. m. is an inconvenience and a hardship; (2) because late crews start too early to give rest." We answer that the regular work to be performed by the pressman is necessary as early as 7 a. m. and as late as 7 p. m. Presses are not run for the convenience and comfort of the pressmen or the management but to supply the public demand for newspapers. It is not true that late crews working overtime at night will be called at 7 a. m. They would have you infer that a crew called at 7 a. m. and -working until 8 p. m., which is the extreme hour of evening newspaper press work, would put in 269 13 hours of service; i.e., 8 hours straight time and 5 hours over- time. Under such a condition the publisher would pay 8 hours plus 71^ hours for overtime or 15j4 hours of pay. No such con- dition exists, or ever vs^ill exist. Two tandem crews would be cheaper and more efficient. The truth is that crews starting early quit early. Later ' in the day crews are called and stay late. If there be any hard- ship, if there be any inconvenience, it is not of our making. The Union still wants to curtail circulation further and hamper production on a plea of their convenience and their comfort, but really to pile up overtime pay exactions. NIGHT SHIFT HOURS We ask that the shift hours at night except on Saturday night, shall be between 7 p. m. and 7 a. m. The New York American and the Daily News, two large morning newspapers, now begin to print every night in the week as early as 7 p. m, and 8 p. m., respectively, in order that they may supply the demand for their newspapers at distant points. Later in the evening they sell some newspapers in the city to the theatre- goers. This theater trade is an incident of and not the neces- sity for the early start. Other newspapers will start to print earlier if the hours are changed by contract, because such change will reduce the pre'ssure on both men and machines and furthermore because it will permit the earlier mailing of their newspapers and give a wider distribution, more circulation, and more employment. Late news and mechanical troubles often delay all or some of the morning newspapers every morning. The recent death of the Pope delayed the finish of press work g_enerally until 5 :50 a. m., as the reports in the Publishers' office will show. We aim to be "oil the press" every morning at 4:30 a. m. We try to maintain "a deadline" at 4:30 a. m. so that the Amer- ican News Company can receive the last deliveries of morning newspapers at that hour and thus make a reasonably early delivery throughout Greater New York. The real purpose of this Union's straight-jacket shift is not merely to pile up overtime, but to make unnecessary jobs for pressmen, because the excessive shortening of the shift hours, obviously, also necessitates the use of more presses. 270 BROOKLYN SATURDAY AND SATURDAY NIGHT WORK We have stated fully in our brief why the Brooklyn papers should not be penalized by the Pressmen's Union for publish- ing Sunday morning editions as part of their regular output. We will in addition answer briefly eight points raised by the Union. 1. "To cover an abuse." Publishing six afternon editions and a Sunday morning edi- tion is not an - abuse. It is the regular requirement of the Brooklyn newspapers and has existed for fifty years. No other Union claims that this method of publication is an abuse nor does any other Union even suggest that the papers be penal- ized by imposing overtime rates for so doing. 2. "Men required to report at night." This is not true. We do not demand that our men. work Saturday and Saturday night but we do demand that the Union shall furnish us with full crews of reliable and competent men to turn out our Sunday morning editions. 3. "Sacrifice of sleep." No one will attempt to deny that they cannot work and sleep at the same time, but those who do work have had from four to four and a half hours off for rest, and they also have a full day off during the week, in addition to their Sunday rest. 4. "Bonus of $2.28 paid to those men who work both Saturday and Saturday night." We have explained our position in relation to this in our brief. In addition we would say that in only five cities is there any bonus paid for working Saturday and Saturday night. In Seattle— $1.00 bonus is paid. In Atlanta, Ga. — $2.00 bonus is paid. In Houston, Texas — $1.00 is paid. In Dallas, Texas — $1.00 is paid. In St. Louis — 50c is paid. 271 In all other cities where these conditions exist, no extra compensation is paid. 5. "No reason why a paper should enjoy this special con- sideration." The Brooklyn papers do not feel they are enjoying any special consideration or special privilege. The work required is that needed for their tegular and normal operation. 6. "Physical strain of two shifts." This is not the hardship the pressmen claim it to be. There is a lapse of from four to four and a half hours between shifts and in addition each man receives a full day off during the week. He has part of his Sunday besides. Because of this full day off in addition to Sunday the men in all Unions consider the Brooklyn positions the most desirable of all New York positions. 7. "Other Sunday papers pay day men overtime." This refers to the New York morning papers. If a New York morning paper takes a man from its evening paper and works him continuously on the Sunday issue after his^regular eight hours has been worked, overtime is paid ; but if a man go to a New York Sunday morning paper from another afternoon paper, he is paid the regular Saturday night pay with no overtime consideration. 8. "Fair play." The matter of fair play is not the question. The implication made by the pressmen is that the New York papers object to the Brooklyn conditions. As a matter of fact they are heartily in accord with the principle and practice that all Unions should meet the regular and normal conditions of the Brooklyn papers with- out overtime exactions, as they should meet all the conditions and requirements of all the newspapers. Finally we should like to make the point perfectly clear that the Brooklyn papers do not demand that their regular men work Saturday and Saturday night. We do demand, however, that so long as we are obligated to give prior right of employment only to Union men, the Union shall, fulfill its obligation and furnish us with full crews of reliable and competent men to turn out our Sunday morning editions. The Union officials have stated that they cannot do this. While acknowledging their inability to main- 272 tain the obligations into which they enter with the Brooklyn papers by a contract, they would, at the same time, impose upon them ruinous exactions in overtime penalties, because of their own ina- bility. In addition to having a full day off each week and part of their Sunday, the men have an advantage by reason of the seven day operations being divided into six day jobs. This, in the Eagle Office, for instance, gives three extra men each a full six day position and obviates the necessity of calling on the Union to fur- nish 21 extra m-en every Saturday night. SHIFT HOURS ON SATURDAY NIGHT We are asking on Saturday 8 continuous hours between the hours of 5 p. m. and 7 a. m. This is only what is necessary to take care of our normal regular Saturday night work, and we have shown that longer shift hours are enjoyed by Publishers in large cities outside of New York (see page 135 of the Minutes). This is not an unreasonable request nor is it detrimental to health. This Union has always recognized the necessity for longer shift hours on Saturday by making the shift from 6 p. m. to 5 a. m. We ask to start one hour earlier (5 p. m.) as the other Unions now permit an earlier start which is useless to us unless we can also start our presses earlier. STARTING AND QUITTING TIME We stated on page 154 of the minutes that "No management should be permitted to tjiake a working day that is not more or less fixed." We mean that no Publisher should call a press crew on Monday at 7 a. m., Tuesday at 10, Wednesday at 9, Thursday at 8, or at his own coiivenience, so that the housewife and the employee will have uncertain hours from day to day, without ■ever knowing what the hours for given days are going to be. The hours for reporting and starting work should be designated in advance for every day in the week and except in cases of emer- gencies should not be changed without reasonable notice — say one full week's notice. We recommend this change in our contract provision. "Start- ing and quitting time shall be designated by the Publisher, BUT THE HOUR FOR STARTING SHALL BE REGULAR FOR 273 GIVEN DAYS EACH WEEK AND THE HOUR FOR QUIT- TING SHALL BE REGULAR FOR GIVEN DAYS EACH WEEK EXCEPT WHEN NECESSARY TO WORK OVER- TIME AND THE STARTING TIME EXCEPT IN EMER- GENCIES SHALL NOT BE CHANGED WITHOUT ONE FULL WEEK'S NOTICE." SECTION 3— LUNCHEON We believe that Section 3 in our proposed contract making provision for the luncheon period is fair, equitable, and just in view of the fact we have related in regard to the luncheon periods of other unions now employed in our offices; also because of the pertinent facts in regard to the luncheon periods which we have . quoted from contracts with newspaper pressmen in other large cities (See Minutes, pages 178 to 182). We a.sk relief from wage exactions when no work is performed. WAGES Section 4 of the Publishers' proposed contract: "The foreman being the representative of the Publisher shall be compensated by the Publisher in such amount as may be mu- tually agreed upon. The minimum wages of Man in charge of each press shall be Assistant pressman shall be." As there is no question that the foreman should represent the Employer, his wages should be arranged by an agreement mu- tually satisfactory to both the foreman and the Publisher. The minimum wage of pressmen in charge and pressmen is for you to determine both for work in the day hours and for work in the night hours. The first and chief consideration in all wage adjustments, as you will see by reference to our Exhibit 1, is the "wage paid for similar work elsewhere." This we have shown in our Exhibit No. 6, Table A. We have shown and explained the several wage scales of other unions' employed in our offices. We have given you the latest cost of living figures furnished 274 by the Bureau of Statistics, Department of Labor, U. S. A., and the latest cost of living figures reported by the National Indus- trial Conference Board. We have presented the Index' Figure of the Cost of Living in other large cities and have shown the wages of pressmen in those same cities. We have presented the Index Figure of the Cost of Living in other large cities and have shown the wages of pressmen in those same cities. The recent wage reductions in newspaper contracts with the Pressmen's Union elsewhere have been given in our Exhibit No. 6-h, also the reductions in the Commercial printing trades wages in New York City. We have not introduced a long list of all wages decreased in industries since January, 1921. They are generally well known and have been compiled and printed and can be had if necessary. The average weekly earnings in New York State factories you will find in Exhibit No. 6-j. These are the essential facts in wage adjustments so far as we can find. The hazard of any industry is a matter for wage consideration. Suffice it to say at this point that the hazard is already and has been taken into account in making the wage scales of pressmen in other large cities as well as in our own city, where the wages are very much higher but the hazards are no greater, than in other cities having the lower wage. The hazards of the press- men have been and are being reduced by the constant introduc- tion of new and improved safeguards. All newspaper pressrooms in New York State are under the direct supervision of the New York State Factory Inspectors whose orders must be complied with. The subject of hazard will be more fully discussed later. Taking up now the Union's demand for a wage increase of $10 per week. First, because they say "they never received an adequate wage for their standard of living." We reply that the Union has fallen into error and endeavored to set up a "Standard of Living," following the example, prece- dent, and method of the Bureau of Statistics of the Department of Labor. They say on page 231 of the minutes "in a scientific 275 wage adjustment just as this it is necessary first, to Settle upon the proper standard for the group under consideration." The most scientific and painstaking wage adjustment ever undertaken and consummated "was that of the Congressional Joint Commission on Re-classification of Salaries of Government Em- ployees in Washington, D. C. The report of this Commission is dated March 12, 1920, and is most exhaustive. (Submitted for reference as our Exhibit No. 8.) Six Congressmen comprised the Commission. They had a "headquarters staff" of 9 notable men. They had a "detailed classification staff" of 60 persons, Engineers, Statisticians, Pro- duction Managers, Accountants, and experts. They had a "detailed research staff" of 50, composed of Engineers, Economists, Statis- ticians, Auditors and experts. They had a "detailed statistical force" of 47 men and women. There were 24 persons assigned to the "detailed classification records force." 42 stenographers and clerks were employed. For this classification and wage adjustment the Bureau of Statistics Department of Labor was asked to submit a detailed budget for a family of 5 residing in Washington. They were also asked for a detailed budget for a single man and a single woman. The Economist of "Labor Bureau, Inc.," has prepared a budget for a "typesetters" family of 5, residing in New York ■ City and in accordance with the method and plan used by the Bureau of Labor Statistics in preparing its budget for Washington. We have not examined into the accuracy of the Statisticians work but have noticed the result. Food Unioi of Li for I's Standard ving Budget Pressmen 26.3% 19.0 . 19.5 ,. 35.2 D. of Washington, ' C, Standard Living Budget 36% 23 19 22 Bureau of Statistics Cost of Liv- ing Budget for New York City 42.8% 16)6 Clothing Rent, Light & Miscellaneous ... Heat 18.6 22.0 100% 276 100% 100% The Statistician for the Pressmen gives 35% of his budget to Miscellaneous expenses. The Washington Standard allowed 22% and the Standard Budget used by the Bureau of Labor Statistics for determining the cost of living in New York City allows 22%. In passing we will say that the method and plan adopted by the Bureau of Labor Statistics was that of a Government em- ployee trying to increase his own wage. The interested party showed that under his plan $2,800 a year should be the budget for a family of 5 in Washington, D. C. This same method applied to typesetters in New York (not press- men) gives a budget of $2,900 a year. In the first place there is no standard of living and has been no standard of living for any class or group in the United States or elsewhere. No two families will set up the same standard on the same wage. One housewife prefers fine clothes, another an ample diet, another home comforts and home embellishment. No two families make the same use of the dollar. ' Again, the pressmen have not shown that all their families averaged five. The census report for 1920 says "that the average family in the United States is 4.3%." This is unimportant. Generally speaking, there is an American standard of living as compared with the standard abroad. It is higher. Wages are higher. Food is cheaper. No class or group in the United States has yet been able to establish for itself a standard of living, except such standard as can be set up by the prosperity of all and the thrift of the individual. When the equilibrium of wages and production is recovered from the chaos of war and again established, then will each one get a fair exchange of his production for the products of others. Any class or group standard would preclude such an exchange. PROOF OF THE PUDDING It is a saying "The proof of the pudding is in the eating." Let us see what happened to this carefully prepared budget of government employes, for government employes, when presented to the highly scientific congressional commission. 277 What effect did it have on the wage adjustment of govern- ment employes in Washington? Did the Commission adjust wages and salaries of Government employes to conform to this budget or any other budget. Was this scientific budget a basis of wage adjustment by the highly scientific commission? The report of the Congressional Joint Commission on Re- classification of Salaries was made on March 12, 1920, within three months of the peak of the cost of living in the United States and in Washington. The increase in the cost of living in the City of Washington at the time the report was made was 111.3% above the 1914 cost. On page 18 of the report is a "Summary of Findings." No mention there of the aforesaid standard of living budget. On page 22 is a "Summary of Recommendations." No men- tion of the aforesaid standard of living budget. On page 26 is a "Summary of Benefits." No mention of the aforesaid standard of living budget. The sixth paragraph, page 26, says "The Congress will secure a method of adjusting salaries from time to time as required and justified by changes in economic conditions." On page 27, paragraph fifteen, says "The employes will secure uniform justice in the relation between the compensa- iion they receive' and the value of their work." Again, paragraph 17, "The assurance that adjustments of pay in the future will HA VE REFERENCE to changes^ in living costs." Paragraph 19 ?ays : "The public will secure the assur- ance that its government aims to be a model employer and to pay •each employe to the value of the work required of him." On page 80 of the report, third paragraph, you will find this statement of the matters which the commission used as the basis of adjustment. It says: "Among other things the committee di- rected its attention particularly to three questions; (1) the mini- mum living wage, (not the Standard of Living Budget) ; (2) the feasibility of periodic wage adjustments on the basis of the chang- ing purchasing power of the dollar, and (3) the effect of re-classi- fication on the lump sum and statutory methods of appropriation." It is here that mention was made of the quantity budgets •of the Bureau of Labor. This budget is mentioned again in the 278 last paragraph on page 41 where the report says "If the attempt should be made to restore the purchasing power of the average salary of 1893, the average salary of today would have to be about $2,800." On page 179 of the report, the cost of living on the basis of quantity budgets is again mentioned. It -was found that wages could not be adjusted by quantity budgets as may be seen from the paragraph on page 179, which follows: "In securing data for determining wage scale for the government much attention was paid to salaries in the industrial and commercial world where profits and competition are constantly operating in determining the going wage. It is also with this market that the Government is in direct competition. For these reasons it seemed desirable to gather data as to wages from employers and other agencies em- ploying the same kinds of service as the government." Forty men and women were selected to make a field survey. They worked 2j^ months. They visited 54 cities, 14 municipali- ties, 16 colleges and universities, over 3,200 schedules were secured covering 35,756 positions. The report says, page 182, "This ma- terial naturally played an important part in determining the rec- ommendations of the staff to the commission and was given due weight by the commission in coming to its conclusions. This, as the Publishers have urged, is the main factor in determining wage, "wages for the same kinds of service elsewhere." The Commission's report on page 43 makes apology and an excuse to all employes in govenmient service in the District of Columbia who had received since 1917 an increase of only 30 per cent in salary including bonuses for the increase of 70% in wages granted by Acts of Congress to Compositors, Pressmen and Book- binders. Report on Page 43, paragraph 3, says: "The Composi- tors and other journeymen trades in the printing industry have been increased since 1917 from 50 cents per hour to practically 85c per hour or 70 per cent, probably, 1. Because their work is so well standardized as to be readily comparable with similar work in outside business establishments with a definitely determined market rate. 2. Because through organization they have been able to pre- sent their case on wages and employment conditions." 279 At this time when the cost of living in Washington was 111.3%- above 1914 this commission saw fit to give its explanation for the 70% increase which had been granted to the pressmen, an increase which made their wage 8Sc an hour, or $2,120 yearly. On Page 4 of our Exhibit "C," referred to on Page 34, Presi- dent Berry says : "The increase in wages of the members of New York Web Pressmen's Union No. 25 was approximately 65% for men-in-charge and 82% for journeymen (pressmen)." By act of Congress passed Dec. 15, 1921, the report became the law. The highest compensation fixed by law for grade one, positions requiring professional training, was $1,980. The salary for grade two, professional work requiring professional training and previous experience, $2,640. Grade three, professional work requiring extended training and considerable successful previous experience, $3,540. Certainly an apology was needed when the qualifications of a pressman are considered, "Common schopl edu- cation ; not less than 4 years' experience as an apprentice ; familiar- ity with imposition and making of margins; knowledge of print- ing inks, rollers and paper; adaptability and good physical condi- tion"; for which the government was paying a wage of $2,120 a year. Those employed in the Government printing office secured acts of Congress increasing their pay not by any quantity budget setting up a class Standard of Living. They got it by virtue of organization- and a careful exhibit of the wages paid for similar work elsewhere, and they did not get anything like ^n increase based on the full increase in the cost of living as estimated by the Bureau of Statistics' theoretic budget. We believe that this should forever put at rest the theory that wages can be adjusted to meet any group or. class standard ■of living. WORKING CONDITIONS The Congressional Report on page 91, Recommendation 13, says "that a minimum of eight hours will be required for all em- ployes in classes receiving compensation on an hourly basis." "Each employe receiving compensation on an hourly basis to receive additional compensation at the rate of Ij^ times such rate 280 per hour for each hour or fraction thereof of required work over 8 hours in any one day and for each hour or fraction thereof of required work on Sunday. Two times such rate for work on holiday. Also that each employe who works on a night shift receives additional compensation equal to 20 per cent of the com- pensation which would be received by such employe for a like period during the day shift." The Commission urged (See Page 91 of Report, last para- graph) that work under normal circumstances should be so organ- ized and where the force is inadequate it should be so augmenteid as to make unnecessary the requiring of more than 8 hours work for manual employes on the basis of the six-day week. All Gov- ernment departmentsi are closed up tight on holidays. Overtime and holiday work would thus be necessitated only by real emer- gency situations. Night work is not a necessity' in Government printing offices in Washington. Night work is the regular normal necessary work of a morning daily newspaper. If night work was necessary in the Government printing offices in Washington, the recommenda- tion of the commission would undoubtedly have made the extra compensation for night work about 50c per day, since that is the differential paid for similar service elsewhere. One more recommendation of the Commission covers a point of difference now before this Board (See page 125 of the report. Recommendation 22) : "Employes who fail to attain a fair stand- ard of efficiency as prescribed by the Civil Service Commission shall be removed from the service after suitable opportunity to the commission for appeal." Commenting upon this recommendation the Commission says: "The advancement of efficient employes should logically be accom- panied by the removal of the inefficient. Only, if this is done, can the service be kept free from deadwood and the highest standard of efficiency maintained. If the employes have a right to expect just compensation for their services, the government has an equal right to expect a fair return for the salary paid, and is under no obligation to retain those who fail to measure up to a reasonable standard of efficiency. This recommendation is not intended to apply to employes who by reason of age or from disability result- ing from their service, are unable to render service of a fair stand- 281 ard of efficiency. It is assumed provision will be made for the retirement of these by an equitable law. Under these working conditions, the duties, qualifications and wages of rotary pressmen and Web pressmen in charge are recom- mended, as the report shows on pages 374 and 375, and the wage of a pressman is 85c per hour, equivalent to $6.80 per day, $40.80 per week< Pressmen in charge 9Sc per hour, equivalent to $7.60 per day, $45.60 per week. We quote in detail the report in regard to rotary pressmen, who correspond to pressmen in our employ operating our , rotary presses; also web pressmen in charge whose duties are the same as web pressmen in charge of presses in newspaper pressrooms: Rotary pressman — specifications of class. DUTIES Under supervision, to operate a rotary printing press; to "make ready" the form of curved electrotype, nickel or steel plates ; to set the ink fountains and rollers to provide for the proper distribution of ink; to adjust the rotary cylinders, perforating, numbering, and separating attachments; to keep the press in good running condition; and to perform other related work. QUALIFICATIONS Common school education; not less than 4 years' experience as pressman apprentice ; familiarity with imposition and making of margins; knowledge of printing inks, printers' rollers and paper; adaptablity; and good physical condition. Wage 85c per hour. Web Pressmen in charge — specifications of class. DUTIES Under siipervision, to operate a web press which prints from roll paper; to supervise pressmen and other employes assigned to a web press; and to perform other related work. EXAMPLES' Registering and "making ready" curved plates on Web press- es; setting the ink fountain and rollers,, which provide for the 282 proper distribution of ink; adjusting the paper roll; issuing in- structions; making necessary adjustments to the press. QUALIFICATIONS Common school education; not less than one year's experience as journeyman pressman; some knowledge of the various kinds of roll presses and some mechanical ability. Wages — ^95c per hour. Nowhere in this Congressional Report based, as it is, upon the highest scientific investigations, can we find that this Quantita- tive Budget of the Standard of Living was given much considera- tion. This trojan horse was not allowed to get within the wall of its recommendations or rules for wage adjustment. If it requires $2,900 a year for New York Pressmen to live under their aforesaid Standard of Living, what must be the deplor- able condition of 307,495 factory workers in 691 factories of New York State, whose declining wage receipts averaged for Novem- ber, 1921, $23.51 per week or $1,223.02 per year? (See Exhibit No. 6 "j.") New York newspapers are printed 365 nights and 307 days, year in and year out. Our pressmen can work at least 307 days a year. There are no idle days. They have the opportunity to earn by working in regular hours 312 times $7.50 per day or $2,340 a year — a wage 91.3% more than the earnings' of the average factory worker in New York State. HAZARD We are reluctant to join issue, at all points, on the claims of hazard, lest we might appear to be unfeeling. The photographic exhibit of the 125 accidents of fifteen years is well calculated to excite sympathy. There have been accidents, and human ingenuity will never stop all accidents where machines are used. We refrained from asking for any identifications, for any location of the acci- dents, for any day or date, for any statement as to whether the accident happened in a New York pressroom or in any of the thou- sands of others throughout the country, or for any information as to whether they, in some instances, happened before the injured men joined the craft at all. 283 We are gratified to know that they can resume their work. We do not know of a single instance when an injured man was discharged for any curtailment of his usefulness on account of injury, whatever the circumstances of the accident may have beerl. We do know that, whether any responsibility attached to the office or not, the men, for years before compensation insurance, .were generally cared for by the office during disability. We find that today in some instances, injured men are not only paid compensation insurance, but also half-pay, and that pressmen who had no accidents but were in poor health, are being carried at half-pay, after absences already as long as two years. Certainly, with all' the improvements of Pressrooms, the adoption of the push-button electric system, the abolition of the levers and belting, the guarding of gears, the introduction of grav- ity and air pressure tanks for supplying ink automatically to the fountain, for carrying devices to take the papers away from the press, the risks of accident are greatly decreased, as compared with ten or fifteen years ago. No man is asked to do anything about a press which has not been done millions of times withouti accident. But since counsel for the other side has seen fit to put in that shocking exhibit, let us accept it, analyze it and see what weight it has in making a contract for working conditions and wages. ' It is a fact beyond dispute that some degree of hazard is pres- ent in the occupation of a pressman. From statements made by counsel for the Union the lay mind would visualize a web printing press as a monster of steel operating at high speed and radiating danger to life and limb with every revolution of its cylinders. To the initiated its operation is a simple matter and presents no mys- tery. It is a well planned, skillfully constructed instrument of production, operating automatically and perfectly under necessary adjustments^ from time to time, with particular attention to lubri- cation and to the web of paper entering at one end and which emerges from the other in form of finished product. Contrary to possible impression, hazard is present in greatest degree only during certain parts of the operation, and is less 284 during the printing process. It is during the time of preparation of the press for its function thaif the peak period of hazard is chiefly present. Before actual operation begins the web of paper must be passed through and around the proper cylinders. A press may be about to print from a 72-inch roll, but this does not imply that the full width is passed through by a number of operatives. It is practice to tear away an angle of paper so that the point presented to a pair of cylinders may not be more than a few inches in width. The risk, therefore, in this part of the operation is reduced to one or at most two members of the crew. In the process of passing through the web of paper one man is stationed at the control button which controls motion of cylinders. By means of this system of control, movement or speed of cylinders is absolutely governed. In passing a web, cylinders are barely caused to move, thereby involving practically no danger if any degree of care be exercised. A man going to work at any such point can lock the press, which, when so locked, cannot be started from any other control station. In addition to this pre- caution, it is shop practice to sound a gong loudly or call "all right" as a warning that the press is about to be started. This process is invariably followed when a web breaks during the print- ing operation. Laying of printing plates, or placing and locking them upon cylinders involves a degree of hazard. These metal plates weigh approximately 56 pounds each and their handling may be respon- sible for falls, sprains, cuts or other minor injuries. The conclu- sion to be drawn is that in only a small fraction of the entire' working period is the hazard of the occupation chiefly present. There is a distinction also between "pressroom" accidents, and acci- dents incurred in press operation. The great majority of acci- dents occur on the pressroom floor rather than in press opera- tion. In handling paper rolls, spindling and hoisting rolls and ■other occupations related to the operation as a whole, hazard is present, but as we will show, the hazard of the pressman is no greater than that present in any other occupation involving the use >of tools. We believe the statement cannot be successfully challenged that accident insurance companies, in order to protect their sol- vency; base their rates upon carefully compiled statistics. The Travelers Insurance Co., for example, issues a policy for what is 285 termed "ordinary risk" in which "ordinary risk" pressmen are included. The policy provides payment of $1,000 and a weekly indemnity of $25 per week at a premium cost of $29 yearly. This policy is issued to pressmen, stereotypers, electrotypers, laundry- men, passenger elevator operators, photo-engravers and others. No man using tools is insurable at a lower rate. For the same identical policy freight elevator operators pay an annual premium of $38, hotel porters $38, plumbers $38, chauf- feurs $38, carpenter shop workers not using machinery $38, elec- tricians testing machinery $38, steam engineers and firemen $38,_ lathe hands $47.60, machinists $47.60, plumbers helpers $47.60, ship carpenters $47.60, brick layers $47.60, carpenter shop workers using machinery $57 — pressmen $29. It will be seen by this comparison that the occupational hazard of the pressman, with an accideat insurance premium of but $29 annually, is not rated as excessive but is ordinary. Let us note the relative hazard of the pressman to other occu- pations as shown by rates on workmen's compensation, mandatary under state laws. We give rates imposed in New York, Illinois and Massachusetts. Rates quoted are per $100 on a payroll basis. Original basis of computation was to determine the costs of acci- dents and reduce same to percentage of total payroll. Variation in charges in states given is due to the fact that laws in different states provide compensation in varying degrees. For example: New York law provides life compensation whereas Massachusetts provides the limit of 300, weeks. Trade New York Illinois Mass. *Printing $ .96 $ .76 $ .57 **Hotels 1.02 .75 .59 Electrotypers 96 .74 .57 Photo Engravers 56 .40 .34 Book Binders 82 .55 .57 ***Laundry Workers 1.76 1.22 1.25 ChaufiEeurs 2.25 1.74 1.35 Machine Shops 2.70 2.02 1.30 Carpenters Shops 4.24 2.06 2.90 Foundries 2.83 2.06 1.45 * The classification "printing" covers mechanical departments in newspapers or job offices. It does not include proof readers. ** The classification "hotels" does not include employees in power laundries. *** The classification "Laundry workers" does not include markers or sorters. 286 These compensation rates sustain our contention made in con- nection with presentation of accident insurance rates, that the oc- cupational hazard of a. pressman is not rated as excessive but is ordinary. The photographic exhibits offered "by the Union, showing mu- tilation or major injuries, number 125 and cover a period of 15 years. Presses of today afford less liability of accident than those of 15 years ago. Gears are protected, which in the old days were a constant menance. We believe we are fair in estimating that one-fifteenth of the number of cases of mutilation or of major injuries mentioned by counsel for the Union as extending over a period of fifteea years, occurred during 1921. If the fraction be less, the only conclusion would be that the occupational hazard were growing less. This method of computation fixes the number of accidents mentioned as occuring during 1921, at 8.33. In the tWenty-two pressrooms represented in these proceedings, operations, during 1921, represented a total of 375,572 man days. These figures show that the percentage of mutilation or major accidents to total man days is infinitesimal. Figures secured from Publishers of newspapers represented in these proceedings show the total number of accidents reported dur- ing 1921 involving loss of time, to be 320. As previously stated, the total number of man days required in pressroom operation in 1921, was 375,572. The percentage of reported accidents to man days was .00085, or 70% higher than the percentage in other major cities having fewer men to the press. We present a list of news- papers published in major cities, also total man days of employ- ment during 1921, average number of men employed and number of accidents involving loss of time. The result shown gives the total number of man days of employment as 478,296, total acci- dents 240, and percentage of accidents to total man days of em- ployment as .0005. No. of accidents Total days Ave. No. of in 1921 of men employed involving Employment in 1921 loss of time BOSTON Herald 18,408 59 Globe 27,144 87 11 Post 24,024 77 34 287 BALTIMORE ' News , Sun CHICAGO American-Examiner News Tribune CINCINNATI Inquirer Times Star CLEVELAND Plain Dealer News DENVER News Post DETROIT News INDIANAPOLIS News KANSAS CITY Star LOS ANGELES Herald Times MILWAUKEE Journal MINNEAPOLIS Journal PHILADELPHIA Inquirer Herald ST. LOUIS Post Dispatch Globe Democrat ST PAUL Dispatch SAN FRANCISCO Bulletin Examiner SEATTLE Times WASHINGTON, D. C. Star .- No. of accidents Total days Ave. No. of in 1921 of men employed involving Employment in 1921 loss of time 3 2 7,800 18,720 25 60 55,536 28,080 28,704 178 90 92 9,048 13,416 29 43 10,920 8,424 35 27 4,680 9,984 15 32 15,912 51 11,232 36 35,256 113 10,920 15,600 35 50 7,800 25 5,928 19 29,640 11,232 95 36 20,592 15,600 66 50 7,488 , 24 4,992 8,424 16 27 4,992 16 7,800 25 52 31 14 5 3 3 2 1 15 10 12 3 1 3 20 12 288 Total days of Employment 478,296 Percentage of Accidents to total days of Employment .0005 Total number of Accidents _ 240 We present elsewhere a list of newspapers published in major cities, showing the number of men required to .man presses. This table reveals that the average number of men operating quad presses is 4; sextuples 5.5 and octuples 7 !J . In New York the requirement has been : for quads 6, sextuples 7 and octuples 10. The percentage of accidents in New York in 1921, was .00085; in major cities outside New York, .0005. We believe these per- centage comparisons will dispose of any contention that if the required number of men to operate a press be decreased the occu- pational hazard will be increased. We are employing, in round numbers, 30% more men to the press than is required in other major cities, whereas our accident figures exceed the average in other major cities by 70%. We call attention to page 328 of the Minutes. Accidents. This should read: 264 accidents reported in 15 years. 66 no accidents. 1,270 no report. 1,600 or 16J^% of injured members in 15 years, equal to 1 l/lO in one year and not 75% as they would have you infer from their statement. In a recent arbitration in Washington, D. C, the following report was presented on accidents in the pressroom of the Star, the object being to prove that an increased number of men to the press had not resulted in decreasing injuries. The tabulation at the end of the report supports our contention, that the more men employed per press the greater the increase in ratio of accidents. INJURIES IN WASHINGTON STAR PRESSROOM January 1, 1917 —to— December 31, 1921 • The record of injuries given here were taken from the diary kept by the foreman of the Star pressroom. Three injuries occur- ring to laborers in the period covered by this report have been omitted since they fall,^utside the scope of this investigation. •I" -t" T* T" "F 289 From January 1, 1917 to about October 15, 1918, four men were employed on each press. In this period t-he following injuries were recorded: July 19, 1917 — W. W. Emmons fell from steps going to switch B, breaking rib. July 27, 1917— R. E. Lee hurt, press B (finger badly cut). July 28, 191 7^E. Dice hurt — eye very badly cut, press C. August 10, 1917 — W. A. Fenton slipped, falling on right side, spraining hand and cutting it with oil can spout. The above list covers a period of 21.5 months. Four injuries occurred, or less than 0.2 of an injury per month. During the time we employed four men to a press we had an average of one injury every 5.4 months. From about October 15, 1918 to about November 6, 1919, five men were employed on each press. In this period the follow- ing injuries were recorded: November 9, 1918 — Smith hurt (no other report). September 11, 1919 — J. Yost hurt by paper roll shaft. October 30, 1919 — Allen Dorsey hurt by plate falling on foot. The above list covers a period of 12.75 months, during which, three injuries occurred. This is at the rate of about 0.24 of an injury per month, or an average of one injury every 4.25 months. From about November 6, 1919 to about July 6, 1920, six men were employed on each press. The following injuries were recorded in this period: November 7, 1919 — J. Short scratched leg on D press and leg became infected. December 2, 1919— T. Franklin hurt (badly cut hand- Not from diary but from memory)'. He broke electric light bulb with his hand. The glass of the bulb, not the press, causing the cut. i February 11, 1920— W. Emmons hurt (press D). Badly smashed finger. February 17, 1920 — J. Yost hurt by having his arm caught between left cable and side frame of press C. April 2, 1920 — A. Dorsey hurt back by slipping on pin wrench. April 8, 1920— E. Miller hurt — slipped on steps leading to third deck of press E. Plat§^ falling on hand. April 16, 1920 — ^John Short hurt by broken glass in wash- 290 room door — two stitches put in wrist cut. May 5, 1920 — W. Stewart hurt while unplating press plate, mashing hand, causing him to faint and fall off the press, striking head against wall. June 16, 1920 — F. Raffo hurt, hand badly cut with knife while cutting out break in roll of paper. The above list covers a period of eight months in which nine injuries occurred. This is at the rate of 1.125 injuries per month or an average of one injury every 27 days. From July 6, 1920 to December 31, 1921, seven (not counting apprentices or extra men on Saturday night) men were employed on each press. The following injuries were recorded in this period : August 11, 1920 — F. Raffo hurt by falling down steps leading from third deck press A to floor. Back badly bruised — carried to hospital by C. H. Ruth. August 21, 1920 — T. Johnstone hurt his back — slipped with plate in hands. September 4, 1920 — Mauger got fingers caught between blankets and cylinder and angle iron. October 12, 1920 — Mrs. M. Johnstone reports that her husband, M. Johnstone, was hurt by straining his back while working on press D — Friday October 8, 1920. No report of injury at time of happening. October 30, 1920— W. Burhams hurt back of hand, ad- justing drag roller (wrench slipped). November 11, 1920 — M. Johnstone cut finger while set- ting roller, press D. November 12, 1920 — ^J. Baum cut hand while plating press C. November 12, 1920 — C. Mayhew slipped on floor, hurt leg — press D. November 13, 1920 — Herbert Bowers dropped shaft on foot causing a very bad bruise — ^press D. November 13, 1920 — H. Mauger cut finger on plate — press A. November IS, 1920 — Baum hurt (does not tell how). November 16, 1920 — John Short mashed and burned skin off of the back of his hand between two drag rollers — press D. November 22, 1920 — ^A. Dorsey mashed toe by dropping plate platform on foot. December 2, 1920 — S. Smink slipped on piece of electric 291 wire on step leading from third deck press B, twisting his ankle badly. December 15, 1920 — Baum hurt hand in folder. December 15, 1920 — ^John Short knocked skin off hand. December 18, 1920-^Lycette hurt hand in ink motion, try- ing to get rag out of rollers while press was running. INJURIES IN 1921 (a) Franklin cut gash in right thumb on ragged edge of imperfect plate. (b) H. Lycette hurt, slipped on floor, falling down and twisting ankle. (c) R. Lange hurt by falling down steps in pit of press B, straddling board and bruising gland between legs. (d) Hermann cut finger with knife while making cut- out in roll of paper. (e) Hermann hurt by slipping on wet floor caused by water coming from ne:V building. Ankle twisted. (f) M. Johnstone. Stuck a file in his leg, working on D press. (g) A. Dorsey hurt — fell through floor of pit. (h) Raffo hurt — strained back on foot board top deck press C. (i) Smink hurt ; slipped oflf of top deck platform, hurting back. (j) Dice hurt; twisted ankle on steps in front of C press, (k) J. Baum hurt his back — fell over shaft. (1) Bauer hurt his hand — C press. Put his fingers un- der guard while oiling press gears, cutting ends ^ of fingers slightly. The above list covers a period of 17.8 months in which 29 injuries occurred." This is at the rate of 1.63 injuries per month, - or on an average of one every 18 days. No. of men . employed One man , Period per press - injured every ^ January 1, 1917— October 15, .1918 4 5.4 month October 15, 1918— November 6, 1919 5 4.25 month November 6, 1919— July 6, 1920 6 27 days July 6, 1920— December 31, 1921 7 18 days (Signed) CHAS. H. RUTH Superintendent. 292 In conclusion let us state that every possible precaution is being taken by employers to reduce the occupational hazard of pressman. Successive years have brought additional safeguards. The modern web press is equipped with all devices produced by inventive genius. Hazard is present in the occupation. We have shown, however, that it exists in lesser degree than in other occu- pations. Hazard is taken into consideration in fixing compensa- tion, and state laws exert their power in reducing hazard to the minimum. Accidents are regrettable and induce both sympathy and desire to exert all possible means for prevention, whether the injury be attributable to pressroom or any other operation. But the hazard in New York pressrooms today is no greater and is probably less than has existed for years. Therefore, no new aspect is presented in this proceeding. SANITATION— EYE STRAIN— VENTILATION, ETC. The reply to the lengthy statements and exhibits under these heads, is palpably that they are not subjects before the Court of Arbitration. With this it might be dismissed, but we beg indul- gence to submit a few suggestions. Pressrooms are not spread over great area at foundation-level from choice of owners, but on account of weight and vibration. If practicable, any tiering plan would be a considerable saving in original investment (or annual rental) in, necessarily, central and consequently high-priced sites. The print paper and the composi- tion rollers by which the ink is distributed, and the ink itself, is affected by moisture and temperature. Good light is essential to the continual inspection of the product, as to legibility. So it will be seen that it is indispensable to the Publisher to have good light and good ventilation to secure an acceptable product. Even if he were blind to the comfort of the men, he would not be blind to his own interest in the product. In any event, he and they are subject to the Fire, Building, Factory and Public Health laws, r^^lations and frequent inspection of both city and state. 'These codes, and not the parties to the controversy by agree- ment, nor the Court of Arbitration, impose the working conditions of the contract in all these particulars. ABILITY TO PAY We can not find that "ability to pay" a wage is a factor under any rules of wage adjustments. The railroad wage board gives 293 it no consideration, although it has been urged in a few cases. The Government could make no such plea before the Congressional Commission. In fact, it was proud of its ability to pay. Page 31 of the Commission's report says, "the object of the Govern- ment should be to pay a fair wage for the service rendered, no more, no less." The record contains sixty-five pages (333 to 398) devoted to the attempt of the Union to prove that because one large news- paper can afford to pay a high wage, all others, less fortunate, must so pay. We objected because "the stuff is not sound." We might also have said it was not an issue. In nine times out of ten the success of a business in competi- tive fields is not determined by the average quality and quantity of labor, and is determined by the adequacy and capital engaged and by the vision, judgment, policy and capacity of the manage- ment directing it. In the very nature of things, labor, skilled or unskilled, is, in its own classification and group, of a general competency and economic value, the rare exception invariably gravitating- out of such classification into foremanship, superintendence, management or proprietorship. Two factories on the bank of the same river will have precisely the same degree of motive power, the same kind of machinery, of material, of labor, of transportation, of market; yet one will make money, the other will not. Two banks,, two department stores, two hotels in the same city and in the same block, will have the same opportunities, the same public, the same avereage skill or competency of labor; yet one will succeed, the other will fail. Two newspapers, side by side, will command the same news, the same mechanical equipment, the same skill of labor, the same facilities for distributing their editions and the same public desiring the news ; yet one will be profitable and one be unprofitable. Obviously, if the profits of industrial enterprises were to gov- ern the wage for the labor employed therein, the labor in one would work for a higher wage, in another for a lower wage and in still another merely for love. Collective bargaining in any industry would be impossible. It is a natural law, however, and 294 therefore a universal practice, that this average quaHty of labor, though sometimes restricting the productivity of the employing industry and though never determining the success of a particular economic enterprise, has a more or less uniform value in its own group and will receive a corresponding measure of pay in the financially unsuccessful as well as in the financially successful es- tablishment; otherwise labor would be drawn away from the fail- ures to the successes. Labor, as a matter of fact, must have a fair wage within its own trade classification based upon: (a) how such labor as a whole fares in the industry as a whole ; (b) what a given industrial group can obtain such labor for, elsewhere; (c) suitable com- munity differentiation of wage to take care of varying living costs in the various communities; otherwise labor of a given classifica- tion would concentrate in a few localities of excessive wage stand- ards for that classification, thus tending to break down in such localities the very wage scales through over-supply of such labor. The contention of the Union, therefore, that its general wage scale should be governed by the condition of an exceptionally prosperous newspaper or a selected few of such prosperous news- papers, is as absurd and untenable as it would be absurd and un- tenable for the Publishers to contend that the wages of all should be fixed by the conditions of an exceptionally unsuccessful news- paper or by a selected number of unsuccessful newspapers though the imsuccessful might form the majority in the community. It is idle, therefore, to discuss the grotesque fallacies, reckless mathematics and sheer nonsense of the Union's statements and tables professing to show, for example, estimated annual savings by the Publishers on the cost of newsprint for 1922, the savings being stated by the Union at much more, in nearly every case cited, than the total annual payments ever made by such newspapers for their newsprint in the peak years of war prices ; the Union's estimated gains in advertising receipts by the newspapers that never were even approximated ; the Union's estimated gains in circulation receipts when in only a few instances even gross circulation receipts ever sufficed to pay for the white paper consumed ; and the Union's fanciful computation of one particular newspaper's wealth accumu- lation, based upon the crude misconception that its gross business done in a quarter of a century should be treated as net profits almost entirely available now for distribution among the owners. 295 This, from a group of newspaper employees whd feel them- selves competent to direct and dominate an important part of their employers' business, who, in fact, have assumed for themselves the wisdom and arrogated to themselves the right to exercise, and actually have usurped, the management and control of a great me- chanical department — the pressroom. HOLIDAYS The Union's reference to holidays you will see on pages 403 to 420 of the minutes. ^ Mr. Simons says,. "I should figure there are about eleven holi- days. Roughly speaking, I guess, about eleven." He well knew that in the newspaper industry only five holi- days are generally recognized — New Year's day, July 4th, Labor Day, Thanksgiving day and Christmas day. The printers or compositors comprise the largest number of our mechanical department employees. Holidays are not mentioned in their contract. They will work on any holiday at the same rate as'on other days or nights. If the newspapers are not printed on any holiday, the members of that Union who are employed by the week, at a weekly wage, are paid their full week's pay. The stereotypers contract (which is continuing, as we have before stated) provides "double time shall be paid for day work appertaining to evening papers or any other day work performed on New Year's Day, Independence Day, Thanksgiving day and Christ- mas day." Only four holidays are mentioned. No extra pay for night work and double time for only such time as is worked during the day hours, which are between 8 a. m. and 7 p. m. The Mailers' Union, which furnishes the newspapers nearly as many men as the pressmen, has no holiday provision in its con- tract. Members of this Union working by the week, at a weekly wage, are paid for a full week, whether the newspapers are pub- lished or not on any holiday — no extra pay, if they work on holidays. The Deliverers' Union, furnishing more men than the Press- men's Union, recently changed their contract to read: "On holidays all regular men, meaning those having a weekly 296 situation and paid by the week) will be paid regular pay whether worked or not. It is understood that extra men working three days^or more during a week shall be paid for any holiday falling in that week if the paper does not publish on that holiday." The Pressmen's Union has forced upon the Publishers two txtra holidays. Election day and Labor Day and has insisted on double pay for all work done on those days, except such work as is performed on morning newspapers between 12 midnight and 6 a. m. Electricians, Engineers and Firemen work for the newspapers on holidays at the same wage and the same number of hours as on any other days in the year. The pressmen, having set up for themselves a special privilege of two more holidays than any other Union asks, now ask you to further extend the privilege in accordance with their guess that there should be eleven holidays, and that double time should be paid for work within the whole 24 hours. HOLIDAY WORK ELSEWHERE CHICAGO : No mention of holidays in their contract. Press- men's wages are paid by the day. If pressmen work they would get regular pay. If no work is done, there is no pay. CLEVELAND : Two days' pay shall be paid after 7 :00 a. m. on the following holidays or parts thereof, viz. January 1, Decora- tion Day, July 4, Labor Day, Thanksgiving day and Christmas day. This does not apply tol the usual run of evening papers of the night before or before '7 a. m. on any holiday. CINCINNATI, O. : Legal holidays shall be considered to be January 1, Memorial Day, July 4, Labor Day, Thanksgiving day and Christmas. Any four consecutive hours between 7 a. m. and noon shall constitute a day's work and on evening newspapers and double time shall be allowed thereafter. DETROIT, MICH.: The term "holidays" to signify New Year's Day, Independence Day, Labor Day and Christmas day; morning newspapers double price for day work; evening newspa- pers price and one-half for day work. SEATTLE: On the following holidays five hours shall con- stitute a day's work: January 1, February 22, Decoration Day, July 4, Labor Day, Thanksgiving and Christmas. 297 BOSTON: Day work on the following holidays, July 4, Labor day. Thanksgiving and Christmas to be paid for at the rate of double time. This clause shall not apply to work done on^at- urday after 5 p. m. PITTSBURGH: Legal holidays shall cqnsist of July 4, Thanksgiving day, Christmas, New Year's and Decoration Day, which days shall be paid for at double time for work done between 8 a. m. and 6 p. m. ST. LOUIS : Labor Day and Christmas shall be recognized as holidays and paid for at the overtime rate (time and one-half on regular scale). MINNEAPOLIS and ST. PAUL : On the following holidays, six hours shall constitute a day's work on evening newspapers," July 4, Labor Day and Christmas, provided that when the holiday falls on Saturday this clause shall not apply. WASHINGTON, D. C. : Holidays are not mentioned in the contract. Wages are by the day. If work is done, regular wage is paid; if no work is done, no wage is paid. We have quoted from the holiday provisipns in the contracts with Pressmen's Unions in ten principal cities throughout the country, and summarize them as follows : SUMMARY OF HOLIDAY PROVISIONS Payment for holiday work Regular pay for work; no work — ^no pay. Regular pay for work; no work — no pay Double time after 7 a. m. 4 hours work between 7 a. m. and noon, regular pay, double time for work after noon. 5 hours of day work at regular price, time and one-half after 5 hours. Day work between 8 a. m. and 6 p. m., double time. Day work between 8 a. m. and 6 p. m., double price. Day work, time and one-half, on eve- ning newspapers; double time for day work on morning newspapers. 298 Chicago Number days recognized None Washington None Cleveland Cincinnati 6 6 Seattle 7 Pittsburgh 5 Boston 4 Detroit 4 Number days recognized , Payment for holiday work Minneapolis 3 Day work limited to 6 hours for eve- and St. Paul ning newspapers ; overtime at time and one-half after 6 hours of work. St. Louis 2 Time and one-half on regular scale. We propose the recognition of five (5) legal holidays and to pay time and one-half for all work done between 7 a. m. and 7 p. m. Nowhere in the newspaper industry, so far as we can find, is night work for morning newspapers on any holiday paid for at any other price than the regular scale rate. For day work . on holidays, two cities pay regular rate ; two cities have 6 hours of day work at regular rates; one has five hours; one has four hours. Three cities pay double time for work during the day shift hours and two pay time and one-half. The law does not make 'it illegal to publish newspapers on holidays, and furthermore, the demand from the public for its newspapers on holidays is even more exacting than on other days, with the exception of July 4, Thanksgiving, Christmas and New Year's Day. . This one Union of all Unions, would capitalize this public demand to practice extortion — a notion repugnant to our other employees and Unions. Newspaper managements and men would welcome a better observance of. holidays, but a public hungry and thirsty for the latest news at all times forbids. We ask that our proposed contract provision be accepted by the Board. Section 6 — Holidays. When work is performed on New Year's, Fourth of July, Labor Day, Thankgiving and Christmas, between 7 a. m. and 7 p. m., time and one-half shall be allowed. REPLY TO ARGUMENT ON NUMBER OF MEN ON A PRESS The investment in equipping the pressrooms of the daily pa- pers of New York City, is upwards of $7,000,000. The protection of this investment and the productivity of this equipment, are the direct concerns of the Owners — not , of the employees. Then, why should the employees dictate how many men should care for and operate a press ? Why have they speci- 299 fied in other cities for the same machines, running at the same speed on the sAme sized papers, 4, 5 and 7 men, and in New York, 6, 7 and 10 men? The average of 18 large cities, is 4, 5.5 and 7.7. New York is 6, 7 and 10. In Chicago, where Owners stood strikes on their right to designate the crews, the number today is 4, 5 and 7. In this city, some Publishers might want to use more men — some less. Whatever the requirement may be, we hold that it is for the employer to fix it — and even to change it seasonably — and not the employee. That restrictions have been yielded to else- where, and that the Union has fixed a much lower crew scale, does not alter the fundamental fact that it is an invasion of the employers' responsibilities and rights. There are but two conceivable reasons wliy the employee should have any voice ; (1) hardship, (2) hazard. Let us weigh these. What complaint has he, if he is asked to do only what thousands of his craft are doing elsewhere daily? why is the hazard to him, greater than to them? If there is an excess of hardship or deterring hazard, what suffers, but produc- tion? Whose loss is this? The employers'. If there is hardship and hazard, there is also the right to appeal to the Joint Standing Com- mittee. Is it to be assumed that the employer finds a heartless joy in his arraignment before his fellow-men, or in paying com- pensation insurance? The argument is without merit. The right to designate the number of men is naturally, inherently the employer's, and ahy designation by any one else is an invasion of that right. In the pressmen's statement to the Publishers and signed by Mr. Berry, Mr. Simons and Mr. Kreitler, these avowals appear: * * * "it is not the desire of the unions locally br internationally to impose any condition of employment that is not productive and constructive in its character * * * j(- jg perfectly true that a wrong of long standing does not necessarily become a right, and if a wrong exists, whether it be of a day or of a decade, it should be adjusted upon the basis of facts involved." Let us see how these statements square with union , require- 300 menis as to the number of men mandatory to press operation and the contention of Publishers, supported by evidence, that these , union requirements are unjustifiable, arbitrary and excessive. Pages 429 to 457 of the minutes are devoted to a chapter of the union brief entitled "Existing Number of Men on Presses Should not Be Reduced." The outstanding points of the argument, not supported by evidence are : a. The existing number of men to the press has not varied for more than 25 years. b. The maximum speed of the newspaper press of 25 years ago, printing double, was 24,000 per hour. The maximum speed of the modern newspaper printing press is practically doubled, reaching as high as 60,000 per hour * * * therefore, the men are required to work harder and faster to keep up with this in- creased speed. c. Newspapers have secured all the advantages resulting from improved machinery, thus taking care of their rapidly expanding business without increased labor costs * * * in many instances modern high speed presses have reduced the number of men em- ployed to one-half, without any corresponding decrease of produc- tion * * * in other instances production has been increased as high as 400% with corresponding increase of the number of men employed of only 10% to 16%. d. To reduce the present number of men would result in over- work, hardships, inefficiency and greater working hazards. e. Under terms of the old contract publishers had the right at any time to demand less men to the press. Let us first take up points "a" and "b", relating to the un- varying number of men to the press for 25 years, and the develop- ment of printing presses since the beginning of that period. It is industrial history that inventive genius fias concentrated upon the development of machinery for saving of time, labor and ex- pense, or increasing productive capacity. In this progress of development the printing press does not differ from that of the locomotive or the knitting needle. Saving of man power, the cre- ation of a machine that would perform the work of the human hand, has been and still will be, the ideals of inventive genius. The giant locomotive of today bears little resemblance to' the crude creation of Stephenson. Whereas but a comparatively few years ago, the ordinary locomotive hauled an average of 15 loads, the mogul of today hauls an average of 70 loads, and with no 301 greater number of men involved in operation. Electric locomotives in use on mountain divisions of the Chicago, Milwaukee & Puget Sound Railroad haul 100 loads up the steepest mountain grades, whereas the Northern Pacific, with less modern equipment hauls but 25 loads. Latest equipment of the Broadway subway permits operation of a 6 car. train with but two men, one for the motor, and another who opens and closes all doors by means of electrical control and who announces stations by means of electrically oper- ated vocal amplifying devices. The auto truck of today operated by one man works faster and better than five teams and teamster. The capacity of the modern gondola car is 50 tons as compared with the 10 ton car of 1870. It is loaded and unloaded by power, whereas the old type involved hand labor in bot-h processes. - The knitting needle of our grandmothers could hardly fore- cast the modern knitting machine. The first crude machine de- vised to replace the setting of type by hand scarcely resembled the perfected Linotype machine of today. The achievement of Guttenberg who first printed upon a sheet of paper from hand- made movable type was the forerunner of |he web printing press of today. So it is that the web printing press of 25 years ago was crude, compared with the web press of today. Through successive steps the conversion of man-power to machine-power and saving of man- power in the face of tremendotis increase in productive capc^city, the ideals of the builders of presses are being attained. It is true, and naturally so, that the crude, undeveloped and unperfected printing press of 25 years ago presented difficulties in operation not present today, and as a consequence, the employment of men at every conceivable point of possible trouble was necessary in order that the press perform its function in the shortest possible time and with the greatest possible efficiency. (If this statement be incorrect, it follows that at the time of installation of these ptesses the union demanded a greater number of men on presses than was necessary, and if so, its plea that the number of men to the press should not be reduced because it has not varied for 25 years is without weight. It being true that the press of 25 years ago was a crude forerunner of the press of today, involving greater labor and greater hazard and it being true that inventive genius has been successful in reducing required man-power as well as increasing mechanical productivity, there is neither valid argument or evi- 302 dence to support the union contention than crews should not be numerically reduced merely because the Union maintains an arti- ficial requirement in New York City — not required elsewhere. Increased productivity with decreased operating force has been the goal of press builders. Attainments of today are due entirely to progress toward mechanical perfection, not to man-power oper- ation or man-power expansion. The press of most modern con- struction is enabled to operate at high speed by reason of funda- mental improvements in basic construction, bearings, lubrication, and folder devices, and from steam power, belt applied to direct electric drive and control. Inking systems are improved, and newly devised safeguards aflFord protection from injury. With these im- provements productivity is attained with less man-power require- ment. The development of newspapers has been made possible by development of equipment, and it is the plea of Publishers /that they be permitted to designate man requirements of this equip- ment for operation and safe guard. The responsibility of produc- tion rests with the Publisher, not with employees of any department. His should be and is the right to determine necessities incident to production, and if greater or lesser man-power is in question, his judgment should be and by right is the determining factor. See Exhibit No. 10 on Labor Cost for Press work. In point "c" the Union relates that all advantages due to im- proved machinery have accrued to the newspaper and that expand- ing business has been -taken care of without increased labor costs, and that production has increased without corresponding increase in number of men employed. So has the locomotive, so has the knitting machine, so has the linotype machine, so has industry of whatever nature in which the use of labor-saving machinery is involved, which like the printing press now does the work the men previously had to do. Obviously, great investments in modern machinery have not been made by Publishers or directing heads of any other branch of industry without assured advantage. Onq linotype machine will do the work of many men, yet the Typo- graphical Union makes no demand that the same number of its members be employed as would be necessary to set an equivalent production by hand. The issue does not involve the productivity of modern printing presses, but the requirements of man-power in their operation. "d." As to that part of the Union's statement that "to reduce 303 the number of men would result in * ' * * greater working hazard," we have answered this statement (see page 51 to 70). In point "e" the union recites that under the terms of the old contract, Publishers had the right at any time to demand less men to the press. Long ago Publishers realized the futility of expecting anything in the way of modified restrictions from this Union. Our brief has shown to what length Publishers were required to go in order to "induce" arbitration of all disputed points. We have shown that previous efforts to ameliorate pressroom conditions were unavailing. We have shown that even as we approached the time when it seemed conflict would follow our insistence that all points in dispute be submitted to arbitration, the union committee stated that the question of wages only was arbitrable. We have shown that when the time of departing trains necessitated earlier starts, a request by Publishers that the working period be adjusted ' to meet necessities was met after 60 days of silence with flat and peremptory denial by this Union. The inference intended to be conveyed by the statement that Publishers could have asked at any time that the number of men to the press be reduced, is that the Union would willingly discuss or arbitrate a question of differ- ence, whereas its domination of pressroom conditions has been absolute, its methods high handed, its control of operations, su- preme, and its refusal to negotiate changes, despotic. Number of men employed on Quad. Sex. Oct. BOSTON— Herald 7-9 10-11 13-14 Globe Post BALTIMORE— News 4 7 Sun CHICAGO— American Examiner 4 5 7 News Tribune CINCINNATI— Inquirer 4 5 Times-Star 304 Number of men employed on Quad. Sex. Oct. CLEVELAND— Plain Dealer 5 7 News DENVER— News 3-5 Post DETROIT— News 4 5 7 INDIANAPOLIS News 4 5 KANSAS CITY— Star 4 5-6 7 LOS ANGELES Herald 4 7 10 Times MILWAUKEE— Journal 5 5 6 MINNEAPOLIS Journal 4 6 PHILADELPHIA— Record 4 5 ST. LOUIS— Post Dispatch 4 6 8 Globe-Democrat ST. PAUL— Dispatch 4 6 8 SAN' FRANCISCO— Bulletin 4 5 7 SEATTLE— Times 4 5 7 WASHINGTON, D. C— Star 4 5 7 AVERAGE REQUIREMENT 4 5.5 7.7 NEW YORK 6: 7 10 In concluding our comment of that chapter of the union brief, "The existing number of men on Presses should not be reduced," let us revert to conditions obtaining in other major cities. (See preceding tables.) It must be borne in mind that all great -rrews- papers are not published in New York, that publishers in other 305 cities have similar problems to face, and that Web Pressmen's Union No. 25 is one of many units embraced in the International body. The latter leaves to local determination the number of men which shall be designated as necessary to man a press. It is due to this provision that the number so designated varies in dif- ferent cities. There is no fixed standard, the number being deter- mined in accordance with' the views or apprehensions of the Pub- lisher or the "persuasive" ability of the union, which is chiefly concerned in the employment of the greatest possible number of its members, and the imposition of working conditions which will contribute to this result. We wish to draw attention to the fact that the introduction of modern printing machinery has been uni- versal, not confined to New York. Page 304 of the minutes presents a report of a committee ap- pointed by the Board of Estimate and Apportionment, which states that "presses in New York are the largest built." The inference intended is that in New York are to be found in the largest presses. Such inference is untrue, as the same type and size of presses are operated by newspapers in other major cities. The same conditions which Mr. Simons alleges in increased productivity have been present in press-rooms of all major 'papers throughout the ^country. Yet these conditions have been met by Pressmen's Unions in other cities than New York. Mr. Simons and the union he represents are both concerned in the employ- ment of as many of their membership as possible, regardless of what the -opinions or interests of the publishers may be. They have succeeded fairly well. We have shown by tables that the numerical requirement in New York is in round numbers 30% greater than the average of other major cities, and that our oper- ating cost per press is more than double that of cities with similar equipments and with presses operated at highest point of produc- tive capacity. Twenty-five years ago, but a handful of web press- men were employed in New York. Installation of large presses from time to time permitting circulation expansion in spite of the restrictions of this Union, has made possible a union membership 6f 1,800. In our expansion, have we created a Frankenstein which shall further dominate and control our operation, or shall we as owners or publishers, solely responsible for the growth, existence and operation now be permitted to control operation as judgment dictates or necessity requires? Being solely respon- 306 sible for numerical growth of the Union, and having created a channel of employment for these men at the highest rate of com- pensation paid for similar work anywhere in the United States, shall we be compelled further to have this powerful union we support dictate conditions of employment, or shall we be enabled to operate under conditions as favorable as any between publishers and pressmen's unions in other major cities ? We are asking that the fundamental rights of the employer be restored. We ask that his natural, inherent right, under the World sys- tem of economics, to designate the number of men to manage his property be not invaded from any direction. TRANSFER OF MEN. The Union contention against the. transfer of men, is one of the most unreasonable and obnoxious of the impositions. It falls, in all points, well within President Berry's denunciation of "eco- nomic abuses." Its purpose is plainly wasteful. Illustration of working out, IS in evidence here. (See Minutes, Pages 80-81.) It means that while men are idling and being paid regular time, or even overtime, the employer is compelled to engage another full crew and pay them a full day's wages, even if the only service required is of ten minutes' duratidn, and could be rendered "by one man pushing a button. The contract is one of value for value. The employer pays the agreed scale, the employe gives the agreed service in the agreed time. It is not a contract binding the employer to pay the wage to idle employes and to pay another wage to another set of em- ployes to do exactly the same kind of work the idling employes will do when they resume work. Does the employe contract for -a certain nimiber of hours' work, with a reservation that within those hours there are humanly unfixable times when he will not "work, but will draw his pay for the full day? The discussion between Judge Manton and Mr. Kreitler (Pages 460-471, Minutes) revealed the facts in this controversy, "but so vital is this question that we beg leave to hunt every pre- tense to its last ditch. Counsel on the other side, said the prohibition of transfer Tvas "generally accepted and has become the prevailing practice." 307 Another misleading suggestion is, that it was accepted as agreeable by New York Publishers. The fact is, that it was the choice of a lesser evil as against the practice of charging "time within time," — an imposition which the Union itself abandoned everywhere. The prohibition against the transfer of crew, or any part of a crew, is part of the premeditated, persistent policy to create conditions where men must be paid without doing any work for their pay. This condition and the condition designating the nuin- ber of men on a press and prohibiting the reduction of that num- ber, are two of the three points, the evidence here shows, on which the Union, up to the last minute, invited conflict rather than submit them to arbitration, even arbitration, in the form and manner dic- tated by themselves. They were two of the points on which the Publishers accepted the challenge of conflict and fully prepared. They are vital. They are questions of fundamental rights. Mr. Simons summarized the reasons against giving the em- ployer the right to transfer men or crew, as (1) impractical; (2) would produce confusion; (3) would lessen efficiency; (4) make unnecessary hardship; (5) ^might become an abuse, making cer- tain men or crews, do all the dirty work; (6) would increase the hazard of employment. It is scarcely necessary to discuss the first five reasons. The first three are considerations for the employer's interest, — not the emptoyes. The 4th and 5th, hardship and abuse, are remediable under our proposed contract itself, with its provision for a Joint Stand- ing Committee. As to the 6th reason — wherein can it possibly increase the hazard? It is admitted that the presses are practically the same. Mr. Simons trying to put a base under his flimsy reason, was obliged to plead mental strain and the unfamiliar eccentricities of the inanimate machines — a truly Kiplingesque attribution. What makes the threading of a sheet, or the filling of an oil cup, any more hazardous on one press than on another, when they are exactly alike? What makes the greater mental strain? The argument is dishonest. Why do these reasons have no force in Chicago (See Exhibit 308 9), where the^employer is free to man his presses and transfer men as his needs require; as he determines? The Union made that contract voluntarily. The Union was not asked to make it. The Union asked to make it. Why did they have no force in San Francisco when the Union made a secret contract with The Examiner, giving it the freedom to decide? • Why not in Atlanta? Why are we not entitled to the same rights? Even if there were not an instance in the country to cite, we demand the restoration of the rights of the employer both to desig- nate the number of men required for the work and to assign and transfer them to the work that waits to be done. The plain purpose is to filch away from the contracted serv- ice, to get wages of idleness and through this very denial of his right to the employer, to compel him to hire more men for a full day, even though he has no full day's work to be done. Give us a contract for a stated number of hours' work for a stated wage. If there is any apprehension that an employer under that contract will submit his employes to abuse, or to unnecessary hardship; will make unnecessary work, or will unfairly distribute the necessary work, or unduly impose on their strength and endur- ance, write in the protection as strong as you can make it. The Union rule was imposed for a wrongful purpose, and its prevalence anywhere is only an aggravation of the wrong, and not an excuse for it. It is dishonest as a stipulation of contract and economic waste in practice. We cite an instance happening within the last month, show- ing that the employer could not even control the form of the prod- uct under the arbitrary dictation of the employes invoking this rule. In a pressroom, men were called Friday .night to operate twelve quadruple presses on Sunday sections and regular Saturday morning work. The crews operated, the quadruple presses until midnight. Early in the evening it had been assumed by the man- agement that the Saturday morning paper would consist of 28 to 32 pages, but shrinkage of expected advertising volume reduced 309 the number of pages of the edition to 24. The management wished the run to be made on sextuple presses, as a 24-page paper, but the men refused to work on sextuple presses unless paid time and one-half in addition to the regular pay for the night's work begin- ning at midnight, on the ground that they had been called to work on quads. They had already received payment at the rate of time and one-half for work done previous to midnight. Rather than submit to this extortion, the paper of 24 pages was printed on quad presses in two parts of twelve pages each, instead of the customary 24 page, one part form. Mind you all men called would have been paid, although only part of them would have been used. The proposition was merely whether the paper should be printed in a single section in accordance with the wishes of the employer and in its customary form. The monstrosity of such hampering restrictions is apparent. In another New York pressroom, a crew engaged in printing a special Brooklyni section, left for lunch, and it was found that their run was short about 2,000 papers. The Union refused to allow another crew standing idly by to print the'hecessary papers, insisting that the Publisher must wait for his papers until the crew working on that press returned from lunch. As a consequence this circulation was lost. We ask that working conditions in New York be as favor- able as are expressed'in contracts in other cities. In our Exhibit 4 we quoted contractual provisions in other major cities. In Chicago : "to be the sole judge of a man's €ompetency * * * * to designate the work each employe in the department shall perform." Cleve- land: "He, the foreman, shall govern all employes." St. Louis: "All men shall perform such work as the foreman shall direct." Pittsburgh : "The foreman shall have the right to exact of press- men the proper* performance of any and all duties pertaining to web press work." Washington: "He (the foreman) shall assign the work to the pressroom forces with due regard to hazard and the efficient operation of the same." Kansas City : "All journeymen shall perform such work pertaining to the pressroom as the fore- man shall direct." Indianapolis: "whose operations shall be di- rected by him (the foreman)." Atlanta: "(the foreman) shall possess the right to assign the various crews to operate such presses as he may designate. Journeymen and all others shalj perform all work pertaining to press work that the foreman shall direct." 310 Omaha : "The foreman shall have complete control of the pressroom and its operations at all times." Birmingham : "The employes shall temporarily or permanently perform any duties pertaining to work in the pressroom assigned to them by the foreman." Mem- phis: "The foreman shall control all help." Where transfer of crews or parts thereof is a necessity of operation, no restriction should be imposed afifecting full freedom of control, nor having as its sole purpose creation of employment of an excessive and unnecessary number of men with consequent increased cost of operation. ^ SUBSTITUTES: $1.00 A DAY EXTRA A substitute is a pressman who does not have a regular six day situation, but hopes some day to get one. The word Substitute derives its trade meaning from the fact that he takes the place of some regular worker, who, through illness or other cause, wishes to put a competent man in his place during his absence and substitutes one not having a regular situation in his place. The regular has the first call on the substitute and his demand must be supplied, under the Union's method, before the demands of the Publisher for extra help can be met. If the substitute is not wanted by any of the regular press- men he may be employed by the- office, if need be, as an Extra Man. The Union now demands that the Publisher pay these so- called substitutes one dollar every night, whether employed by their own members as Substitutes or whether employed by the Publisher as Extra Men or even if unemployed. The Union system of substitutes is one of the biggest evils upheld by the officials of the Union. The Union insists in keeping at our doors night and day enough men to provide the maximum demands of the Union for Subs and the Publisher for extra men in each newspaper press- room at all times, and then insists that we shall take care of them — thus making it appear that the Publishers are responsible for the few days' work the substitutes receive each week — and constantly demanding that we make more work for more men. The officers of the Union are thus relieved of the duty of providing for the ■311- requirements of the Publisher and the PubUsher madf responsible for the requirements of his pressmen and his own press crews. Page 427 of the Minutes in regard to Substitutes, the Union says, "they cannot remain at home or at any other convenient place and await call to work." Why can't they remain at a central office ? Mr. Simons says they can. Mr. Wardman asked Mr. Simons (Minutes, pages 417 and 418) if it would not be an easy way to have the offices call on the Union office for extra men. Mr. Simons replied : "It may be pos- sible such an arrangement may be made." This Union, with 1,600 men employed in newspaper offices, who are receiving about $3,000,000 a year, can very well and ought to maintain a central office for supplying extra help. It is the only proper and business way of supplying help.. It is the general prac- tice elsewhere. ' A central office must be maintained here, if the Union is given first right to employment. Their argument, that the same man goes two, three or more times to the same office each day or night, seeking work, demands it in the interest of the Union member. The Union system — so-called — is a relic of the days of horse-cars and messenger service and antedates the telephone invention in 1876. By establishing a central office where substitutes can report, and may be- called for, day or night, by management and men, the Union will stop a practice wrongful to both employer and employe. ARGUMENT ON PRIORITY Section 17 of our proposed contract. Has the Union, contracting collectively to supply competent men, when and as required, on notice, the' right to privately place individual restrictions on its members which nullifies their obliga- tion to do their part toward carrying out the contract ? Whatever the internal advantage of such a regulatiow may be to the Union, is it good faith in the carrying out of the contract ? Take the case of Priority. "312 Illustration : A Assistant Foreman. B Pressman in charge 6 years' employment. C Tensionman 4 years' employment. D Brake or Button-man 1 year's employment. E Off-side Man 2 years' employment. F General Utility Man 3 years' employment. G Helper 5 year's employment. B's position becomes vacant. Of all the men on the press, D has proved the most intelligent, sober, industrious, alert and generally competent. The office decides to put D in B's place. He cannot take the position because under its private Priority rule, he is liable for every day he fills it, to a fine exceeding the wdges he would earn ; or discharge through the withdrawal of his card. OR If a good man, not in regular employment but on the sub-line No. 5, in point of time were called to take a regular position over the four preceding him, he cannot -take the place for the same reason. At this writing we cannot cite the obnoxious rules, because we are in ignorance as to the details of the local Union's rules and by-laws and the mysteries of their enforcement, but we experience their effect in practice. In other words, the man is deprived of the reward of his merits and the office is stopped from enjoying the very efficiency which the contract contemplates. It needs no argument, but justice calls for the imposition of this condition of contract. CONCLUSION We believe that we have made it plain that through a variety of causes, we have lost control of one of the two most important departments of our industry. With an investment of over $7,000,- 000 in our pressrooms our foremen are not our representatives but 313 ~1 are chiefly, by the ties with which they are bound to the Union, the obedient representatives of the Union. The foreman, whatever his theoretic authority, cannot in fact assign work, cannot promote good men, cannot even demote un- worthy men, except as the Union permits him. His very Hfe is in the hands of the Union. If it takes away his card ipse facta, he is ousted from his position, even though he had been in that one employment for almost a life tiifte. We cannot man our machines with the number of men expe- rience has shown, or we deem necessary for production. The number is dictated to us: accept it or no contract. We cannot use, as we need them, the services that we pay for at the highest wage paid for such service in the United States. After selling the full time service, the Union imposes its own restriction on its delivery, and also restrictions on its replacement from any other source. We cannot use our plants at the times we want to use them and when the public expects the product of their use, we cannot use them in the manner we want to use them except under Union- prescribed penalties outside of the basic wage. Though holding themselves a body of skilled craftsmen, we are compelled to deal with them for unskilled labor, over which they have assumed jurisdiction, without a. single benefit to Union- ism — a sample of arbitrariness not paralleled by any other press- men's Union in the country. We are compelled, as employers, to participate in a selfish scheme of Union restrictions, which denies any hope to worthy young men employed in our pressrooms, of ever mastering their trade or bettering their stations in life. We are compelled by their priority and subline-devices to deny to well-intentioned and worthy employees the rewards of industry and intelligence. We do not determine what is the most efficient and fairest organization of the pressroom — the Union dictates the organization and dictates it with regard to neither effi- ciency to the office nor fairness to the man. Even after making a contract, they dictate these things on unknown grounds and considerations entirely outside the terms of the contract or the • laws of contracts. 314 Eleven other Unions related to Newspaper Publishing have, in a measure, acceded to the changing requirements of the years. The pressmen have arrogantly refused every concession to the times. The record of our efforts to improve this situation is incom- plete, but we have put in evidence the fruitless endeavors as far back as 1910. One year ago tomorrow, we began the final determined effort to correct all these wrongs, peacefully if possible. The history of that year, is in the record. We were challenged for conflict. We accepted the challenge, determined to recover the full control of our business. Only when, January. 2nd, 1922, we had gathered another force and were ready at an hour's notice to man every pressroom in the city, did the Union proceed to this arbitration on the agreed terms, viz: that every point of difference is to be determined without reservation or restriction of any kind, without regard to any prece- dent. We ask for the imposition of a contract by the Board based on the fimdamental rights of the two parties, for one year from the first proximo, as though the parties never had a working rela- tionship in the past. We respectfully redirect the Board's attention to the genesis of tliis matter, to the three principles of the Owners' address of February 22nd, 1921 (See page 24 of Minutes), and the fair words of the Union reply (See page 25 of Minutes). We likewise direct attention to a form of contract, submitted by us, based on those three unchallenged principles — a. contract which we believe will remedy the accumulated wrongs of years. We direct attention to the pressmen's Union contract with the Newspaper of Chicago (Exhibit No. 9) which that Union asked to be allowed to sign after years of complete disassociation brought about by the very same arbitrariness and injustice that we now protest. Why are we not entitled to the same rights and conditions here in New York, as the same International body and its corresponding local branch sanctioned in Chicago? 315 In the draft of contract, we propose to employ only Union labor as long as competent help is supplied by the Union. We have paid and we propose to continue to pa)' the highest price paid for such labor anywhere, provided, we get as favorable hours, working conditions, and as full control of our jiressrooms as obtains anywhere else, under contracts with the International body and its corresponding local unions — but not otherwise. We propose that liniitations be placed on the employer against excess demands on the strength or endurance of the men. We propose extra pay for extra work beyond the eight hours. We propose to pay every man for his luncheon if his fellows carry on the press operation. If this reduces the production, we will stand the consequences. We propose a joint standing committee, where the employe may have his day in court if he feels a wrong is being, or has been, done him. We propose to pay him in full for wages lost, if he can show that he was wrongfully discharged, and to reinstate him in em- ployment. And in exchange, we ask: That the contract under the laws of the State and the contract alone, shall prescribe the obligations and conditions between the two parties. That if the second party, after due notice, defaults in his supply undertaking, the first party shall be free, without conditions, to go into the market and at his own expense, contract to supply the deficiency and thereafter to honor his obligations to the new employe, or employes, without further consideration in such par- ticular instance and respect, to the interests of the defaulting sec- ond party. , That the foreman may or may not be a member of the Union; and if a member, shall not be subject to discipline, domination or discharge, either directly or indirectly, by the Union, for any act of his in the performance of his duty as foreman. The alterna- tive of member or non-member, is the one certain way of carrying out the spirit of this provision, toward both the office a;id the men, especially the Union officers represented among the men. 316 That the Publisher — acting through his representative, the foreman — shall be the judge of competency and, fitness; shall at all times designate the number of men necessary to operate the presses, or do any other work in the room ; shall designate and assign men to any duties; shall have the right to transfer crews or parts of crews, as he deems necessary for the production. That the eight hours of day work may be called for any time between 7 a. m. and 7 p. m. ; and the eight hours of night work, between 7 p. m. and 7 a. m. any night except Saturday, when it shall be between 5 p. m. and 7 a. m., provided a regularity of hours of work for given days is fixed and unchangeable on less than a week's notice except in emergencies, so as to interfere as little as possible with the home arrangements of the men. The proposed draft suggests the other conditions and correc- tions sought, and the arguments and exhibits show the reasons therefor. How important this proceeding is to the Publishers' parties to this proceeding has been made plain. May we say that the importance of the issue is not localized. For years, the Publishers of New York have deserved the con- demnation of the Publishers of the United States for their lack of moral courage in not grappling with these abuses. For the period of the War and the disturbed times immediately thereafter, we have some excuse to offer. We consoled ourselves with the unction of sacrifice in refraining at such a time from adding strife in the Newspaper Publishing business of the greatest city, to the unrest and upheavals in other industries here and elsewhere. Time, and further threatened invasions of our rights, removed the last vestige of excuse for not doing our duty to ourselves, to ■our offended fellows elsewhere and to other employers of labor Tvho had the right to look to us for example. We have set for as long a time as we could possibjy bear it, •one example with which we are content — an example of patience with arbitrary labor and an earnest desire to settle disputes by the rational, peaceful means of arbitration — even when on January second, 1922, we had the settlement of everything in our own hands to the satisfaction of the most selfish designs of heartless employers. 317 We pray for an enlightened and full establishment of the fundamental rights of employer and employe, which will be a benefit to both Union labor and its employers and a guide for both, everywhere throughout the country. CONTRACT OF EMPLOYMENT between the Publishers Association of New York City, The World, The Evening World,, The New York Times, New York American, New York journal. The Sun, The New York Herald, The Evening Telegram, New York Tribune, The Globe, The Journal of Commerce, The Even- ing Mail, Daily News, New York Evening Post, The Morning Telegraph, Brooklyn Daily Eagle, Brooklyn Standard Union, The Brooklyn Citizen, New Yorker Staats-Zeitung, The New Yorker Herold, Wall Street Journal, II, Progresso Italo- Americano and Courier Des Etats-Unis, and Brooklyn Times, hereinafter called the PUBLISHERS : and New York Newspaper Web Pressmeii's Union No. 25, herein- after called the UNION. WITNESSETH : That beginning March 1, 1922, and continu- ing fo.r a period of one year the parties hereto mutually agree that they are bound by the following conditions: 1. In consideration of the mutual promises herein contained ' and for other valuable considerations, receipt whereof is hereby acknowledged by both parties hereto, the PUBLISHER agrees to employ for the operation of his presses none but members of New York Newspaper Web Pressmen's Union No. 25 and in such number as may be required by anjr Publisher, so long as competent pressmen are furnished by the Union. and The Union agrees to furnish at all times, upon two hours no- tice from any Publisher, such number of competent and skilled men ' as may be required by the Publisher. The Publisher or his represen- tative shall have the sole right to determine the number of men necessary to operate his pressroom. 318 m the event that the Union fails to furnish the number of men required by the Publisher, the Publisher shall have_ the right to employ. such additional help as he may deem necessary. The Pub- lisher shall be the sole judge of the competency of the men so em- ployed and they may be retained permanently at the option of the Publisher. 2. HOURS. Any eight consecutive hours, exclusive of not more than thirty minutes for lunch, between the hours of 7 a. m. and 7 p. m. shall constitute a regular day's work. Any eight consecutive hours, exclusive of not more than thirty minutes for lunch, between 7 p. m. and 7 a. m. except on Saturday, when the hours shall be any eight consecutive hours between 5 p. m. and 7 a. m., shall con- stitute a regular night's work. Men called between 5 a. m. and 7 a. m. for day work shall receive One Dollar ($1) extra. Starting time and quitting time shall be designated by the Publisher. Men working Saturday and Saturday night on Brooklyn pa- pers shall receive regular Saturday night scale for Saturday night provided at least four hours elapses between the two shifts. 3. LUNCHEON. The time for luncheon shall be designated by the Publisher. A full half hour for luncheon shall be allowed each man during each eight hour shift, but no man shall be sent to luncheon until he has worked at least three hours, nor shall he be kept from luncheon more than five hours from starting time, ex- cept in cases of emergency. When more than one hour's overtime is required at the end of a regular eight hour shift, a second lunch- eon time shall be allowed. Luncheon time shall not be a part of the regular hours of labor, nor shall it be paid for in offices where the intervals between edi- tions permit any press to stop so that the crew can go to lunch. In offices where continuous operation of the presses is necessary, if men take their luncheons in turns and the presses continue in opera- tion, such half hour luncheon time shall be counted as a part of the eight hours work. 4. WAGES. The foreman being the representative of the Publisher shall be compensated by the Publisher in such amount as may be mutually agreed upon. The Minimum Wages of : Man-in-charge of each press shall be Assistant Pressman shall be 319 5. OVERTIME. All time actually worked in excess of the number of hours fixed herein as constituting a day's or a night's, work, exclusive of lunchtime, shall be counted as overtime!' Time and one-half shall be allowed for such excess time, which shall be paid for at the prevailing scale of wages. 6. HOLIDAYS. When work is performed on New Year's, Fourth of July, Labor Day, Thanksgiving and Christmas, between. 7 a. m. and 7 p. m., time and one-half shall be allowed. 7. All employees of the pressroom shall perform any work pertaining to the operation, maintenance, cleaning and upkeep of the presses and the handling of paper within the building that the Pub- lisher may direct. 8. Press crews or parts thereof may be transferred, at the discretion of the Publisher or his representative, from one press ta another, or from one position to another, for efiSciency or econom- ical operation, provided, that such transfer shall be made without reducing the number of men employed on any regular eight hour shift until the end of that shift. 9. The PubHsher or his representative shall employ or. dis- charge all employees subject to the limitations of this contract. He shall be the sole judge of their competency and fitness. 10. The jurisdiction, authority and control of each pressroom. and all its work and all its employees shall be vested exclusively in the Publisher or his representative. No provision in this contract shall be considered as in any respect affecting the relations between any Publisher and' his foreman and acting Assistant foreman. 11. FOREMEN. Each Publisher shall designate a foreman, who shall be his representative, and whose orders, which shall al- ways be in conformity with the expressed terms of this contract, shall, in all instances be complied with. The foreman may or may not be a member of the Union and if a member of the Union he shall, nevertheless, be the untrammeled representative of the Pub- lisher in the pressrooms and, he shall not be disciplined, discharged, or dominated directly or indirectly by the Union. The foremaa represents the Publisher, and as this contract is between the Union and the Publisher, and not between the Union and the foreman, any question of its violation shall be taken up with the Publisher, un- less the foreman settles it satisfactorily. 320 The Chapel Chairman, representing the Union, may report to the Union any violation of this contract that cannot be settled satis- factorily with the foreman. He shall issue no order affecting the operations or conditions in the pressroom. His regular presswork shall be done under the foreman. 12. When any action by either party to this contract is con-, tested by the other, as a violation of this contract, the question shall be referred to a Joint Standing Committee of two representatives of the Publisher and two representatives of the Union who shall en- deavor to agree. If agreement cannot be reached the Joint Standing Committee shall promptly select a fifth member, and the decision of a major- ity shall then be accepted as settling such case. If the finding be in favor of the employe he shall be reimbursed for any loss of wages incurred. Pending the hearing and determination of any issue, conditions responsible for such issue shall continue without modifi- cation, and work shall continue without interruption. 13. If the Union has a grievance (especially against a fore- man or assistant foreman for any act as foreman in the administra- tion of this contract) it shall first refer it to the Publisher or Busi- ness Manager of the paper concerned, and if the difference is not- satisfactorily adjusted the Union shall then refer its grievance to the Joint Standing Committee, as herein provided, tor settlement. 14. Apprentices shall be allowed at the ratio of one to each press crew and they shall be permitted to do such work as may be designated by the ^ubhsher; provided, that when considered com- petent by the Publisher they may temporarily perform the work of an assistant pressman and when so employed continuously they shall receive the wages of an assistant pressman. The wages of apprentices shall be First year Second'year Third year Fourth year Fifth year S The Publisher and the Union shall enable all diligent and in- telligent apprentices to learn their trade promptly and thoroughly. 321 Fly-boys and carrier boys, who are not apprentices, shall be dassed as unskilled labor and need not be members of the Union. The minimum wage of such fly-boys and carrier boys shall be : 15. Nothing herein contained shall prohibit the running, of presses at any time by mechanics or repair men for the purpose of doing or testing out their work. 16. To promote good feeling and harmonious relations and avoid irritating misunderstandings, both parties agree to give prompt attention to every complaint or dispute that arises and to endeavor in good faith to settle any differences through conciliation by the Joint Standing Committee. Under all circumstances work shall be continued without interruption pending such settlement. 17. This contract covers all wages, hours and working condi- tions and all the rights and mutual relations of the parties hereto •during its term. It is agreed that the constitution, by-laws and all loher rules and regulations of either party hereto may be amended during the life of this contract, but neither the constitution, by-laws, rules or regulations of either party, or any amendments thereto of any nature shall affect the terms of this contract. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals this day of , 1922. 322 IN THE MATTER OF THE ARBITRATION OF THE TERMS OF A CONTRACT TO BE MADE BETWEEN The Publishers' Association of New York City AND / New York Newspaper Web Pressmen's Union No. 25 325 In the Matter of the Arbitration of the terms of a contract to be made between the Publishers' Association of New York City and New York Newspaper Web Printing Press- men's Union, No. 25. Chambers of Hon. Martin T. Manton, U. S. Judge P. O. Building, N. Y. City. Saturday, Jan'y 21st, 1922, at 10 o'clock a. m. Before Hon. Martin T. Manton, U. S. District Judge, Lester L. Jones, Representing the Publishers, Albert B. Kreitler, Representing the Union. APPEARANCES : For the Publishers' Association of New York City, Ervin Wardman, Esq., F. D. White, Esq., Bradford Merrill, E. G. Martin, Esq. For the Union, David Simons, Esq., President, E. W. Edwards, Esq., Fred Moran, Esq., Alfred L. Bernheim, Esq., Advisor. Judge Manton: This a controversy between Mr. Wardman: This is an Arbitration Proceeding between the Pressmen's Union No. 25 and the Publishers' Association of New York City, and one newspaper. The Brooklyn Times, which is not a member of the Association, but which has asked to be included in the proceedings, and has agreed to abide by the decision. Who is going to represent the Union? Mr. Simons: I represent the Union. 327 Judge Manton : Let me first get this on the record : It is stip- ulated between the parties to this arbitration that the decision of the Arbitrators — there are to be- three, are not there — Mr. Simons : Three on the Board, one from each side. Judge Manton : a Board of Arbitration, consisting of three members, shall be final; and tl;e parties hereby agree to abide and carry out the terms as arrived at by said Board of Arbitration. The Arbitrators consist of the following. Please give me the names of the gentlemen. Mr. Simons : On the Board Albert B. Kreitler, for the Union. Judge Manton: And who represents the Publishers? Mr. Wardman : Mr. Lester L. Jones on the Board. Judge Manton : What-is your address, Mr. Kreitler ? Mr. Kreitler : 527 World Building, Telephone Beekman 2535. Judge Manton: Now, Mr. Jones. Mr. Jones : 1010 World Building, Telephone Beekman 9465. Judge Manton : Will you just tell us then, Mr. Wardman, the position ? Mr. Wardman : I was going to say we have not had any pre- liminary "conversation with the other side. We have this stipula- tion that you have just spoken of. I should suggest, if it is agree- able, that we should agree that any changes that come in over night in any situation, the corrections could be made. There are a good many changes in these 'wage scales goihg on all over the country, and in some of them we might get some changes and conditions to- night, or you on the other side, might get some ; and with regard to some of the preliminary reports, for instance, we got some yester- day, they might not bcaccurate by chance, and if there w.ere any that were not accurate, we would like to change them. I thought it would save time in the procedure and simplify the matter for all of us ; but if you would prefer to have them stand, -and insert them later, the only objection to it would be that it would make more trouble, and I would be glad to have you correct me, and I have no doubt the same with the other side, if you have any corrected in- formation on these .=»ibiects. 328 Mr. Simons : Mr. Chairman, while I do not object to any facts being brought into this case, yet, I think that would cause quite a little disorder. It would be responsible for quite a delay. In bring- ing in matter like that, it would actually cause the postponement of the final summing-up of the case, and we would never get through . unless there was a limit put on a thing like that. Judge Manton: Of course, what we want here is anything as to wage scales, or living costs, or family costs up to date of the com- mencement of this hearing, and they may be sent in any time before the Board arrives at its decision. How would that suit? Mr. Wardman:Nl understood your Honor, anything that hap- pened Judge Manton: Any statistics up to the present day, the com- mencement of the proceeding. Mr. Simons: That is quite satisfactory. Mr. Wardman: That is my thought — not that we would drag in anything later. Mr. Simons : I suggest that the Board sit with the Judge. Judge Manton: Yes. (Here the Board occupied seats with the Judge.) Mr. Wardman: There is another thing, your Honor Judge Manton: Shall we take the appearances here for the various papers; is that necessary? Mr. Wardman : I am not a lawyer. I do not think any of us are. Judge Manton: Let me ask you this — all the newspapers ex- cept the Brooklyn Times are members of the Publishers' Asso- ciation ? Mr. Wardman: Yes. Judge Manton: Is that the official name? Mr. Wardman : Yes, the Publishers' Association of New York City. Judge Manton : Who represents the Brooklyn Times ; Is there anybody here? 329 Mr. Wardman: We represent them by agreement and signa- ture. We will under-write them to sign any contract that you make. We make ourselves responsible. Judge Manton : You will submit their signature. We will have the stenographer prepare a stipulation and have each of the parties sign it in due time. I think that will govern that. Mr. Wardman: We also agree to sign individually, it is our custom generally to do it. We have not always done so, as the in- dividual newspapers sign with their Union. We thought it was wiser at this time, for protection, because there was an unfortu- nate affair in this town, not in our business, but in an industry re- lated to us, where they had an association which signed for some Employers, and then some of the Employers afterwards with- drew from the Association, and complained they were not bound by the signature of the Association, so we shall sign up each individual newspaper. Judge Manton : I think you can all avoid that in this way : Will you give me the correct name of your Union? Mr. Simons : Yes sir — New York Newspaper Web Printing Pressmen's Union No. 25. Judge Manton; And I understand that all the men who are mvolved or interested in this controversy are members of that Union ? Mr. Simons: Yes, sir. Judge Manton: Will you draw the stipulation, Mr. Reporter,, so as to include them by name, and include each of the newspapers reciting that they are members of the Publishers' Association of New York except the Brooklyn Times, and its signature will be re- ceived separately, and then that the Publishers' Association through its proper officers will sign that (Stipulation appears on Page — of the record). Mr. Simons : I may add for your benefit, your Honor, that every other newspaper under the jurisdiction of our Union is also concerned in this matter, and always lives up to whatever contract we make with the Publishers' Association. We have many men, in fact there are as many not in the Association as there is repre- sented here by Mr. Wardman. 330 Mr. Wardman: But they are not parties to these proceedings. Judge Manton: But this immediate controversy is only be- tween the PubHshers' Association, the Brooklyn Times, and your Union; is that right? Mr. Wardman: Yes, sir, but they all live up to that contract. Judge Manton: Now, let us have the appearances. Who ap- pears for the Union first? Give the names. Mr. Simons : David Simons. Judge Manton: Your address? Mr. Simons : 527 World Building, Telephone Beekman 2535. Judge Manton: Who else appears? Mr. Simons: Edward W. Edwards, 527 World Building, also Alfred L. Bernheim, 527 World Building. Judge Manton: Those are your appearances? Mr. Simons: That is all. Mr. Wardman: Do they appear for you? Mr. Simons: They appear with me. Mr. Wardman : They are not members of the Union. Mr. Simons : Mr. Bernheim is not a member of our Union any more than Mr. Jones is a member of your Association. Mr. Wardman : I just wanted to know. Judge Manton : Now, the appearances for the Publishers' As- sociation. Mr. Wardman: Ervin Wardman, 280 Broadway, Telephone 10,000. Judge Manton: Let me have your name and telephone number in case I should want to get in touch with you. Mr. Simons: Beekman 2535. Would you mind, your Honor, adding Mr. Fred Moran, also 527 World Building? Judge Manton: Let us have the newspapers that appear, the names of them, Mr. Wardman? 331 Mf. Wardman : Will you read those ? Mr, Lester Jones: They are in the brief here (indicating). Judge Manton : You will copy them in here, Mr. Stenographer. The World, The Evening World, The. Tew York Times, New York American, New York Journal, The Sun, The New York Herald, The Evening Telegram, Nev^ York Tribune, The Globe, The Journal of Commerce, The Evening Mail, Daily News, New York Evening Pos4 The Morning Telegraph, Brooklyn Daily Eagle, Brooklyn Standard Union, The Brooklyn Citizen, New Yorker Staats-Zeitung, The New Yorker Herold, Wall Street Jour- nal, II Progresso Italo-Americano and Courrier Des Etats Unis. Judge Manton : Do you want to put any representative for each in, or do you appear for all of them? Mr. Wardman : I appear for all of them. I would like to get my mind clear on the subject. It was my understanding that Mr. Simons was going to appear for his Union. I do not know that I have any objection to anybody else. Are these gentlemen lawyers or not? Mr. Simons : No, sir, Mr. Moran is a gentleman in our Union,, and the only outsider is Mr. Bernheim, who drew up some of the statistics for us. He will not butt in. Judge Manton : All right. We will be glad to get rid of the lawyers. Mr. Wardman : We have not tried Mr. Edwards: There are no lawyers on our side. Judge Manton: Have you agreed on the procedure? Mr. Wardman : No. I was going to suggest to you about that : First, I would like to say this, that a great many of the things that are matters of fact we have not immediately arranged to submit as proof. For instance, like our own scales that are in existence and some other scales that would not be disputed by them, but I would like to know now if those will be desired. We can get copies of the scales, and all that, to submit in evidence. Judge Manton : We want everything you can give us. Mr. Wardman: We have that. For instance, our own scale, there would not be any question as to the fact. 332 Judge Manton : If you will please state just what the question is, you understand, Mr. Wardman, which it will be for the Board ta consider. Mr. Wardman: Well, all questions. Judge Manton : As to what ; I do not know anything about this. Mn Wardman : As to working conditions and wages. We have prepared a little Judge Manton: What is it you want the Board to do? Mr. Wardman: We want the Board to decide. There are twenty points of differences between the two of us, and those points, a great many of them are mere angles of .three general principles, which started this whole proceeding almost a year ago; and the proprietors of the New York Newspapers presented the things they wanted to the Union at that time, and the representative of the In- ternational Union, and proposed that the two sides get together to revolutionize the existing conditions here. In a word that is what it amounted to. Things had been going on, some of no importance, and some of more importance, and some of greater importance. At that time the situation looked very bleak around the coun- try, and the Newspapers with all others were trying to get their business on an economic basis, and they made this proposal to all of the Unions. The two parties started into see if they could agree in conciliation and negotiation. They failed to agree. Finally they did agree to an arbitration of all points ; so that when we present those twenty differences which fall under three general headings, — there is what we are asking for, and that is what they are contend- ing agains^. Judge Manton: What you are trying to do is to agree on a contract for the ensuing year. Mr. Wardman : For one year from the first of March. Judge Manton: And those points of difference that you have not been able to settle, you want the Board to settle ? Mr. Boardman: Yes, sir, that is exactly it. Judge Manton: That makes me think of one thing I intended to announce. I want you to understand all of you that I happen to be the landlord of the New York Times in Brooklyn, but that will not make any difference so far as I am concerned. 333 Mr. Simons : I do not think that will make any difference, but outside of this when this is over, you will raise their rent, may be. (Laughter). Judge Manton : I want you to understand that before you start hi. Landlords are unpopular these days. Mr. Wardman : I think we have both made it clear that what we ask you to do, after hearing the evidence, is to impose upon us both a contract for one year. Judge Manton : And the parties agree to sign that contract as we agree on those terms. Mr. Wardman : We agree to abide by your decision, that con- tract to cover the decision. Judge Manton : I think that covers everything. Mr. Simons : Let me say that we Judge Manton : Is there anything that you want to add to what I -said? Mr. Simons : Yes, sir. We have come to no agreement insofar as the duration of the contract is concerned. The Union requests that the contract expire September 1st, 1923. Mr. Wardman : I will have to correct you on that right now, In your acceptance or signed acceptance of the Publishers' letter from the Publishers' Committee, it was stated specifically in the agreement which you signed, that the contract could be made for one year. Mr. Simons : Let us see it. Mr. Wardman : We have it here, the letter of December 24 or 23, and then Mr. Simons's signature of acceptance of that letter was on January 3 or January 2, I think it was Monday. Mr. Simons : Monday was a day of celebration. Judge Manton: This is the letter which you speak of here, December 24? Mr. Wardman: That is the one (reading) : "Shall apply only to the period of a new contract for one year dating from February 28th, 1922." That was their letter as you accepted, as you know, in this document. (Indicating). 334 Mr. Simons : What is the letter in answer to that ? Mr. Wardman: This is the letter that was delivered to you, and this was the document that was attached to your document that you signed, accepting all these conditions. (Indicating). Mr. Simons : Where is the letter that we accepted ? Mr. Jones: here is the letter. (Indicating). Mr. Wardman : Where you said : "We are ready, however, to proceed to arbitration as per the letter of December 24 of the Newspaper Owners' Committee, which is herewith attached." — "We are ready to proceed to arbitration as per the letter of Decem- ber 24th, which is herewith attached." Mr. Simons : To arbitration only. It does not say that we ac- cept anything else but arbitration. ' Mr. Wardman. It says : "Per letter of December 24th." Mr. Simons : As per the letter that calls for arbitration. That is to say we accept nothing else but that point of the arbitration. Mr. Wardman : I should say there was no question about that. Mr. Simons : We go on further and say : "To bring to the at- tention of the Arbitrator that the three above enumerated pro- posals are not arbitrable under the laws, but we waive our estab- lished rights rather than create chaos in the industry." , Mr. Wardman : That has nothing to do with the fact that you accept. Mr. Simons : That has nothing to do, your Honor, with the question of the duration of the contract. Judge Manton : Well, we will leave that open and we will dc:- cide it on these letters as to what you intended. Mr. Wardman: What do you me^n by leaving it open? Judge Manton: Leave it open for the Board. Mr. Wardman : I do not know that I can concede that. Judge Manton : We will have to determine that from the two letters which you have handed in. Mr. Wardman : It was a sine qua non of the case in meeting them that peace conditions should be agi-eed to, or everything would 335 be off. It was perfectly understood by Mr. Simons at the time. ■ Judge Manton: I think the best course is to leave it open to the Board. You are here now pursuant to those two letters, and we will construe those two letters; Mr. Simons : Your Honor, I might add this, that all ooints are to be left to the Board. That is our understanding. Am I right, Mr. Wardman? Mr. Wardman : All points of difference. Mr. Simons: There is a difference, therefore, it goes to the Board. Mr. Wardman : Do not split hairs about it. Judge Manton: Please go on. Is there anythmg further? Mr. Simons : We have had, your Honor, a contract for the past number of years, which, as we feel, and most of the Publishers have felt, has worked out very satisfactory to both sides, and we submit to you a copy of that contract with the changes that we request. (Handing paper.) Mr. Wardman: Let me ask Judge Manton: Before putting in your brief, Mr. Simons, let me ask you this for my information : Would you state if you will, any other differences or anything else that you think are to be con- sidered by the Board, which has not been stated by Mr. Ward- man, so that we can have the full understanding of the parties be- fore us? Mr. Simons : Your Honor, it is my impression that there is no understanding between us on any point. Mr. Wardman: That is right. Judge Manton : But what you want us to do Mr. Simons: What we are asking for Judge Manton : What you want us to , decide — anything in ad- dition to what Mr. Wardman has stated? Mr. Simons : We are asking this Board to decide in favor of the Union for a ten dollar increase in wages. 336 Judge Manton : And just what else do you want us to decide ? Mr. Simons : Also asking that when men are required to per- form work on a morning paper, after their day's work is finished, -they shall receive, night-overtime. Also that double time be paid for work on all legal holidays. Holidays to consist of 24 hours. We also ask, as No. 4, that any substitutes shall receive one dollar per day or night over the regular scale providing they work less than -six days or nights per week. Substitutes shall receive one dollar for each night or day they appear on the sub-line and are not en- gaged for work. Those are the four main points we submit to this Arbitration Board. Outside of these four points we ask that the old contract be left as it exists, eliminating Section 20. Judge Manton: I notice that the form of the contract hereto- fore used, provided : "That the New York Publishers' Association, the parties of the first part" — I think that* we will proceed hearing the proof first and the argument first of the New York Publishers' -Association, and then after that we will hear the parties of the second part, that is, the New York Web Publishers' Union. Mr. Simons: That will be satisfactorj^ Mr. Wardman: Then the proceedings begin with us. Judge Manton :. With you, of course. Mr. Wardman : I do not know that there is any code govern- ing' these things. We have been in the habit of putting in things simultaneously, so to speak. Judge Manton : You do it in your own convenient way, and that will be satisfactory. Mr. Wardman: For instance, as a rule in all the proceedings I have been in, if we put in a brief, they would put in their brief, and we would exchange them at the same time. Judge Manton: After all your documents are produced here? Mr. Wardman: After we have submitted them to the Court. Judge Manton: You then exchange briefs? Mr. Wardman: Yes. Is that what you would like us to do now? Judge Manton: That is agreeable to Mr. Simons, I under- stand, thai when -you come to make the argument and submit 337 written briefs, you exchange your briefs, or if you want,, you can deliver briefs to each side and I will give you a few ,days to answer if you want to. Mr. Simons : Would there be any objection to us arguing on the points that we cannot agree upon first, and disposing of them, and then, when we get right down to the questions that ought to be left to the Arbitration Board, then we submit briefs ? Mr. Wardman: But you just put your finger on it yourself when you said we do not happen to agree on any points. That is where we are in trouble. Mr. Simons: Which is true. Mr. Wardman : For ten months we have been trying to agree and have not been able to agree on anything, so that these point* that I have not related to you in detail because I did not appreciate the proceedings had begun Judge Manton: You may do it now, Mr. Wardman. Mr. Wardman : really cover what we think are the points of differences. You may have other points of differences, and they are before us, too. Mr. Simons : Do I understand that you are going to read your brief, or argue on it? Mr. Wardman: I am certainly going to do anything I am in- structed to do. It does not make any difference what it is. Judge Manton : We will proceed in this way, gentlemen : Let the Publishers' Association put in its argument first, and then the Union, that is party of the second part, to your agreement of last year, will put in its argument. You may submit in that anything you wish that you think will have a bearing or help in determining the questions which the Board will have before them, and the Board will then get together and pass upon these various items on which there is difference now, and agree on the contract that is to.be sub- mitted to you. That will be the way to proceed. Mr. Wardman : Then I will proceed under your instructions. Judge Manton : Is that satisfactory to you, Mr. JoneS ? Mr. Lester Jones : Yes. Mr. Wardman ; I will give you from our point of view 338 Mr. Simons: Pardon me, Mr. Wardman, please. Do you mean, your Honor, that you will give us an opportunity of sub- mitting a rebuttal and an opportunity of answering the different arguments that the other side presents? Judge Manton: Would you prefer to answer each point as it comes up or wait and answer it all at one time ? Mr. Simons: Suppose we answer the whole thing after they are through. Judge Manton : That is what I thought. Mr. Simons : We do not want any butting in. Mr. Wardman: There is one objection to that, which I think we found in the past, and which I think your side mentioned at one time. If we get in our brief, which we are prepared to put in now, if you are prepared to put in yours, we will exchange them. Then, of course, your existing brief might be changed. I do not know whether that will do. Judge Manton : I think if you present your argument first, Mr. Wardman, Mr. Simons can then present his argument, and then if you want, when all that is done, you will probably be presenting some documents, and you will want some time to consider and sub- mit the brief. Mr. ^yardma^: As I say, none of us being lawyers, or hav- ing experience in that direction, so far as I know, usually in these proceedings we have submitted our argument as brief. Judge Manton:. That is all right. What I have in mind is to give you each full opportunity to present anything you want. Suppose you proceed now and just tell us. Mr. Wardman : I would like to say, as I began, that we merely want to have it clear that if we submit our brief today, in other words, do you submit your brief whether you read it or not ? Mr. Simons: We will submit our brief after we get through the argument. Judge Manton : Have you got your brief ready, Mr. Simons ? Mr. Simons : It is not quite ready. It would not take long. Judge Manton : You can have time to do it. Mr. Simons : It is practically ready. 339 Judge Mantoni You cannot finish it in one hearing, can you? Mr. Wardman : No. Nothing Hke it. It is suggested to me by- one of my associates, that could go over until Monday so that we could get it in on Monday. Judge Manton: Do you want to leave it today with these preliminaries, or go further? Mr. Edwards : Your Honor, if I may say so, the Union is ready after the Publishers present their argument, to present our prima facie case in full on certain subjects on wages and some of the minor shop conditions, but will not be prepared to present full ar- gument on shop conditions in general, until a later session of the Arbitration Board. Judge Manton : You will have full opportunity. Mr. Edwards: We expected that the proceedings would be similar to most of those that have taken place in the past, and that the side taking the initiative would go right ahead and go through with the presentation of its prima facie case. Following that, that the Union would do the same thing, and that later each side would have an opportunity for rebuttal. That is the wajr we expected to proceed. Judge Manton : I think that is the way we will proceed. That is the way I had in mind. Suppose you get ahead, Mr. Wardman, as i^r as you can. Mr. Wardman: All right, sir, and necessarily I will have to repeat a few things I have said. Judge Manton: Yes, indeed. CASE FOR THE PUBLISHERS Mr. Wardman : We have prepared, first, here a little history of the case which covers some questions you asked. . (Reading) : The last contract between the newspaper ptiblishers and the New York newspaper pressmen, underwritten by the International Union, expired February 28th, 1921. Shortly before that date, the owners of the papers in an un- precedented meeting, drew up an address to this union and all other unions employed in newspaper production and distrilsution, 340 in their city and to their respective general unions. At the same time, all tentative offers or conditions for new contracts, previously made by any sub-committee or representatives, were formally withdrawn. In response to an invitation then extended, the local and In- ternational Pressmen's representatives met the owners of seven- teen newspapers of New York and Brooklyn, in this city, March 17th, 1921. The address was read and copies furnished to all pres- ent. That address (see Exhibit "A") concluded as follows: "First: A shift of work no less in length than the number of hours generally accepted as a day's or a night's work in industries other than our own, andi in our own, in large cities other than New York. "Second: The payment of regular wages, only for the time faithfully given; and, of the so-called overtime wages, only in ex- change for actual time given in excess of the fixed number of hours that constitute a regular day's or night's work. "Third : So long as first right to employment is given by con- tract to members of your organization, the right of the employer to determine the size, and to direct the control, of his force, with due consideration to the health and strength of the men; so long as the work lies within the trade with which the members of your or- ganization are generally identified, the right of the employer to de- cide what they shall do and to judge whether or not they do it well and faithfully." President Berry of the International Union, responded. (Sten- ographic report by his secretary Exhibit "B.") I will now read Exhibit "B." , (Reading) : Mr. Berry : "Mr. Munsey and gentlemen in con- ference. First, I want to say, in behalf of the local union and the International Union, that we appreciate the opportunity that has been afforded us in meeting with the publishers of New York City, the owners of the newspapers in this city. We believe that the means of contact such as has been inaugurated by you gentlemen in this conference is for the purpose of approaching the difficulties which confront this country — and which every man realizes are dif- ficulties — squarely. We know that some manner of readjustment is essential to the welfare of the industry in this country. The only definite course, or rather the only definite plan that we have adopted, is to insist upon the readjustment being made on the basis of fact. To illustrate our policy in this respect, I would direct your at- 341 tention to our contract with the commercial employers of this city. During the war we endeavored to establish a scheme by which we would work together during and after the war in keeping the ma- chinery of the industry going, and adjusting our differences upon the facts involved. Out of that effort has sprung the International Joint Conference Council. This Conference is made up of equal representatives of the two sides. The two cardinal principles, which I had the honor of suggesting, are that wages shall be reduced or increased in accordance with the increase or decrease in living con- ditions and the economic or physical condition of the business, and that business shall continue uninterrupted. Now the pendulum has swung to the left, and the employers in accordance with their rights, have approached the unions with a view of reducing the wage conditions. We shall meet this request and prove it wrong, or we shall agree to it. But whatever shall be the result, the machinery will run, and I am sure in any event that the adjustment in the commercial industry will be based on fact without regard to any circumstantial advantage that might exist on either side. Our organization took the position a good many years ago, and has maintained that position constantly during the war, that one of the greatest evils was for labor organizations at times of ad- vantage to force something that wasn't justified by the facts, and we also know by experience that some of the employers have en- deavored to take advantage of a situation advantageous to them to enforce issues not justified by facts. Our organization has fathered the scheme of adjusting differ- ences by iait, and in the meantime to see tojt that business is not interrupted. We are willing to discuss with you; we are willing to meet with you ; we are willing to figure with you in any manner whatsoever in the matter of meeting the problems which confront the industry of America today, and we will meet you on a basis of fact, and you may be assured that the newspapers will print unin- terrupted. No man could ask for more, whether he be a union man or a publisher. • I do not know the details of your contractural relations with the union here, but I do know that there has been some adjustment with respect to wages ; that journeymen have received an 84% increase as compared with the 1914 scale, and that journeymen in charge have received a 65% increase. I think that indicates a de- sire on the part of this union to meet the situation during the war, especially since the increased cost of living has advanced 119%. We met that situation with a difference of 84% and 119%. You may not know, but I desire to emphasize this particular fact, that the International Printing Pressmen and Assistants' Union is against, both in the By-laws and in the action of its Convention, the intervention of any scheme by the local or otherwise that has for its purpose the curtailment of production. We oppose the en- 342 forcement of artificial working conditions that are dttrimental to the industry. I want to make that as^strong as it is possible to make it. There has come into industrial life at times certain shop conditions which are nothing more or less than economic crimes. We believe that our members should give, for the salary paid them, a fair day's work. We don't want any semi-pensions by the en- forcement of artificial shop practices or inefficiency of any kind, and to prove that statement it is a fact that we are the only labor union in the world that has attempted to meet the issue by educating our people to the idea that the prosperity of the industry meant the prosperity of the individuals therein. As for our sincerity in this respect, we can point to the establishment of the only Trade School owned and operated by a labor union, in the world, with an investment of nearly $500,000 for the purpose of increasing the advantages of our members for improving their craftsmanship, and naturally thereby increasing the production of those who follow the trade. Therefore, when we listen to your report on this situa- tion, it brings back what we are trying to do, and with what you say we are in perfect accord. I am sure that Mr. Munsey, Mr. Hearst, Mr. Pulitzer and the other gentlemen here will realize that in addition to the matter of wages, there comes to the publication in New York City and addi- tional responsibility in respect to its issuance. The publication of a newspaper from a mechanical point of view is quite different here than it is in the smaller cities. You have a great problem to meet here. You have to get your papers out quickly, and most of you have a great number of editions, so that conditions apply here that are not generally in use elsewhere, which require more physical and more mental exertion on the part of your employees. The work we do is largely mechanical; we are working as a result of the running of the presses. It requires brains, of course, to see that the presses run regularly, and the work is not altogether immune from danger. Thirty per cent of the web pressmen have been injured in«the operation of the presses. This is not true with compositors, nor electrotypers, nor stereotypers, but ours is a hazardous business, and the men are working under a nervous tension. But notwithstanding all of that if you gentle- men and our orga.nization can show, by a painstaking investigation of facts, that there is an economic abuse existing, we are just as willing to eradicate this abuse as you are, and we'll do it. Our 'Board of Directors is here ; I propose to go to Washington tonight, but we shall be in this vicinity at your disposal. Set up a ma- chine ; put the matter in charge of your most skilled representative, a represientative of the International Union and a local union repre- sentative with a view of investigating and eradicating any abuses which may be in force. I insist that it is to our decided advantage that you prosper; we want you to prosper and make money — for then we'll be able to get it easier. I think that I can speak advisedly 343 for the Web Pressmen's Union when I state that we believe this meeting will be of tremendous advantage, and we'll gla,dly associate ourselves with you in setting, in New York City, a precedent that other industries might well emulate. For myself, I can only repeat that I think you gentlemen have made a splendid move. You have shown by meeting with the representatives here that you desire to approach this matter from a practical point of view, and you haven't stood on the side lines with a big stick, with a lock-out, or a threat to "starve you out." You, with us, are desirous of settling on the basis of fact and keeping the presses- running as a whole. What I am saying will be taken by my secretary and trans- mitted to you so that there will be no misunderstanding. In the elimination of economic abuses, we desire at all times to co-operate and to make the industry stable and responsible for the adjustment of such abuses on the basis of fact, and in the meantime to keep the printing presses on the go. That is our position." Judge Manton : May I ask you, for my information, just what the Pressmen do, and what their work is ; how many there are em- ployed ? Mr. Wardman: That is one of the points, how many there are. Judge Manton: I did not mean to beg any question. I asked out of curiosity. Mr. Wardman : There is a pressman in charge of a large press, and in the larger cities, but I would not know how it would be in the smaller presses in the smaller cities, but we have developed all this and will submit the whole thing to you, and one of the points of difference is how many men ought to operate a press. There are some cities, very large cities, that operate them with half as many as we do. There are others that have two-thirds as many as we do, and that is one of the points of difference. Judge Manton: I see. Mr. Wardman : I did not know that President Berry was so long. (Reading) : At this meeting the Publishers assumed that they had an Arbitration agreement with the local Union drawn up Sep- tember 1st, 1918, to prevent strikes or lock-out in a separate docu- ment, wholly disassociated from the annual scale contract, and con- 344 tinuing in full force "until 60 days' written notice of a desire to change or to abrogate it is given by either party." If it does not make itself clear, I would explain that we have a contract as to employment operation, and so forth, and then, we have had in the past, agreements to arbitrate those contracts at the expiration ; is that right ? Mr. Simons : Yes. Mr. Wardman : And that is what he refers to there. First, we assumed that we had the arbitration agreement, and secondly, we assumed from President Berry's remark then, and as things subse-_ quently developed, that we go ahead and arbitrate. (Reading) : It was only after negotiations for a new contract had been proceeded with for some time, that the Publishers learned that they had no such arbitration agreement. It had been drawn up in conference signed by Don C. Seitz, on behalf of the Pub- lishers, but never signed on behalf of the' Union, a fact overlooked in the change of secretaries of the Publishers' Association. The negotiations for a new contract were taken up. Differ- ences developed, and on March 11th these w'fere reported to the Own- ers' Organization by their sub-committee, and copy of that report was furnished to the Union Representatives. March 17, 1921, in a meeting with the Owners, the local union and the International jointly signed "C" answer to the address of February 22, and the. report of March 11th. Exhibit "C." You have that exhibit. This was an agreement signed by the International President and by the local representative agreeing to arbitrate the points submitted by the Publishers in their first com- munication handed to them and subsequently discussed by them at the first meeting of the Owners' and Union's representatives. Do you desire me to read that? Judge Manton : If it will save you any, I will read it. Mr. Wardman : It has a great deal of bearing, because there they agreed to arbitrate these 'points. Of icourse, they subse- quently have agreed again after long differences, and after a posi- tive refusal to abide by their signed agreement, but as they have subsequently agreed, signing these documents, which Mr. Simons 345 just questioned about the one hpre, which was in the agreement that they signed, subsequent td this agreement seven or eight or nme months afterwards, I do not conceive it is necessary to read that for anybody's information here, because they are all familiar with it, and you have it before you. Judge Manton: All right. Mr. Wardman: (Reading) Meetings to conciliate the diifer- ences were resumed. Further tentative agreements conditioned on the ultimate settlement by conciliation of all points and otherwise not binding on either or citable in arbitration, were temporarily made. (Reading from Brief.) After some sixteen meetings, extending to October, 1921, nego- tiations failed. The publishers acting on the agreements of Febru- ary 22nd and March 17th, proposed the submission of all points of difference to a Court of 'Arbitration, composed of 3, 5 or 7 wholly disinterested, impartial men, to be selected by the two parties. The Union representatives objected to this and insisted on a single arbitration. The Publishers proposed to submit this on question as to the constitution of the Court, to a single arbitrator. The Union refused to submit the question to arbitration at all. The Publishers then waived the right to have the question of the method decided by arbitration, and withdrew the proposal to select a Court of 3, 5 or 7 disinterested persons, and acceded to the Union's demand to have but a single arbitrator. At this point, the Publishers were advised that the Union would not submit some matters to any arbitration, as the Union held they were not arbitrable. Thereupon the Owners, in meeting isstructed their Commit- tee to address the following communication to the Union and the International President, who had been fully advised of the pro- ceedings : I "Dear Sirs: Our negotiations tg arrive at a contract, which have extended 346 from February 22 to September 22, 1921, having failed, and our further efforts covering three months since that date, to have you carry out your signed pledge to arbitrate all differences in the event of the failure of negotiation, having also failed, we are now in- structed by the Newspaper Owners to notify you that by unani- mous vote December 23, 1921, they resolved: 1. That their patience with the conduct of the Pressmen's Union and their representatives is exhausted. 2. The Owners demand an answer, on or before January 3, 1922, from the signers of that pledge to the question, Will you submit all questions of difference to arbitration? 3. In the event of your decision to carry out your pledge to submit to arbitration, the arbitrator, or the man to select such arbi- trator, is to be chosen within ten days from January 3, 1922, and the presentation of all issues to said arbitrator shall begin five days after he is named; the decision of such arbitrator shall be rendered within thirty days thereafter and shall apply only to the period of a new contract for one year dating from February 23, 1922. 4. That if you stand on your present repudiation of your ar- bitration pledge the Owners will terminate all negotiations with your Unions. 5. That the Owners will meet all the signers of the pledge of March 17, 1921, and such other members as the Union may wish to call in, any day before January 3, 1922, provided only that they -ure prepared at this meeting to proceed to arbitration as above set ■'forth. Respectfully, Newspaper Owners' Committees Bradford Merrill, F. D. White. Ervm Wardman, Louis Wiley, Howard Davis, H. F. Gunnison, W. H. Field, _^ Daniel Nicoll." At the Owners' meeting of February 15th, 1921, when the ad- dress of February 22nd was decided on, it was realized that the necessities of the situation gave them three alternatives, and only three — Conciliation, Arbitration, Conflict. 347 On December 23rd, Conciliation had failed. Arbitration threat- ened to fail through the Union's refusal to submit all questions. • Conflict seemed inevitable. We prepared for it. The Owners' Association gathered throughout, the country, hundreds of skilled, competent, experienced pressmen, part of whom were brought to this city at the expense of tlie newspapers, under full Union pay; lodged an4 boarded free, and guarded at the best hotels in the city, others of whom, were collected locally and paid to remain in their homes at nearby points, awaiting call ; making a total force suf- ficient to man every newspaper pressroom in the city. On January 3rd, in accordance with the Committee's letter of December 24th, the Owners again met the full committee of the Union and the representative of the International. On their request made at that meeting, we now omit all refer- ence to any statement made by them on that occasion. On January 1st, the Union met and on January 2nd, the officers handed in a qualified acceptance of the terms of the Owners Committee's letter of December 24th, 1921. It was rejected by the Owners, and the following submitted by them and accepted: New York, January 2, 1922. To the Newspaper Owners' Committee: "> Your letter dated December 24th was received on December 27th. In it you peremptorily demand an answer to the query, "Will you submit all questions of difference to arbitration?" and without awaiting our reply you dictatority laid down a course of procedure to all of which we most emphatically dissent, specifically to the wording of paragraph 3, which, if we read it correctly, is a distinct innovation in the usual and customary procedure of arbitration. Reference to your files will show that we have agreed, if arbi- tration were necessary, to proceed as formerly. Our position is now and constantly has been during all our negotiations that certain demands of yours are not arbitrable, among them being the fol- lowing : 1. Transferring men from pres^' to press. 2. Increasing the hours of work. 348 3. Decreasing the number of men on a press, thereby aug- menting the hazard of employment. We are ready, however, to proceed to arbitration as per the letter of December 24, 1921, of the Newspaper Owners' Commit- tee, which is herewith attached. It is our purpose to bring to the attention of the Arbitrator that the three above enumerated .pro- posals are not arbitrable under our Laws, but we waive our estab- lished rights rather than create chaos in the industry. Our Presi- dent, David Simons, is authorized to act for the Union in naming the Arbitrator. Newspaper Web Pressmen's Union No. 25. By : David Simons, President. The following is a letter of the same date, received by telegram from President Berry, of the International : Cincinnati, Ohio, Jan. 24, 4:28 P. "Lester L. Jones, 1010 World Building. Because of the importance of the situation brought to my at- tention by Mr. Frank Munsey and yourself in behalf of the New York Publishers' Association Committee and by Mr. David Simons, President of the New York Web Pressmen's Union No. 25 a special meeting of the Board of Directors of the International Printing Pressmen and Assistants' Union of North America was called for January 2nd at Cincinnati. The undersigned has laid before them all records, letters and telegrams in connection with the subject matter and I am directed by them to say that the position' of the Board of Directors of the International Printing Pressmen and Assistants Union of North America as taken Feb. 22, 1921, and as further set out in signed document of the undersigned under date of March 17, 1921, and approved of and signed by members of the Committee of New York Web Pressmen's Union No. 25 and ac- cepted by the Publishers of New York City that such document and such attitude is again confirmed and that the International Printing Pressmen and Assistants' Union of North America through its Board of Directors stands squarely upon the signed doc- ument of which they were equal parties with the New York Web 349 'Pressmen's Union Number Twenty-five and that the Local and the International Unions are obligated and' will proceed forthwith to fulfill the obligation in toto as contained therein. Copy of this telegram is being sent to Mr. Munsey and Mr. Simons, President of New York Web Pressmen's Union Number 25. George L. Berry. From the list of Arbitrators submitted by both parties, your Honor was selected. Nominations of sociologists) economists, eminent engineers, col- lege presidents, distinguished military and civil administrators' the clergy, successful business heads and retired merchants, who had had actual experience in the relationship, were considered. Our final conclusion was that only a judicial mind, uninfluenced by theories, bad though long established precedents, emotions or the . usual disposition to compromise, could settle the issues by the light of reason and right. This is not merely, or mainly, a wage-award procedure. It is the last peaceful endeavor (1) to uproot wrongs of long-standing; (2) to stop wasteful and subversive practices; (3) to establish as Judge Landis did September 7th, 1921, that "the foreman, if any, is to be exclusively the agent of the employer"; ('4) to establish, as he likewise did, that "employers may employ and discharge whomsoever of the Union, they please, and employees may work for whomsoever they see fit"; (5) to rehabilitate the parties to the contract in their respective natural,, moral and legale rights as common sense morality, law and the fundamental laws of economics dictate to us all in every relationship. We submit every point on the fundamental question of right — not of local precedent. Local precedent has been for us a choking coral growth of weak yielding;' of duress under threats of strikes; of innumerable invasions of our rights in the details of shop prac- tice ; of the vital necessity of continuity of operation in the very nature of the industry ; and of both prejudiced and well-intentioned, but weak and incompetent arbitration. Give us our fundamental rights in this contract and against the unjust exercise of them, write in every reasonable restriction that can be formulated in the English language. We submit herewith, our statement, — the chief points of dif- ference : 350 (1). Establishing the principle that if proper wages are paid and reasonable conditions of labor established, the employes shall perform any. work within the jurisdiction of his trade that may be assigned to him. (2). The right of the employer to determine the number of men necessary for the proper operation of the presses and the work in the pressroom. (3). The right of the employer to fix the number of men re- quired to operate each press to produce the required editions within the required time as long as it is conceded by the publisher that every man required for any part of a day's work shall receive a full day's pay, and that he shall not be called on for more than a fair day's work. (4). The right of the employer to be the sole judge of the competency of men employed so long as the terms of the contract between the Union and the office are fulfilled. (5). The right of the employer to obtain men, whether mem- bers of the Union or not, whenever the Union, after due notice, has failed to furnish them. (6). The right of the employer to retain such men perma- nently in his employ if their work proves satisfactory; the Union always and at all times to have first call, and the first right to supply men ; but on the failure or refusal of the Union to meet its obliga- tions under the contract, to supply men, the Publisher shall be free to employ others and under no compulsion to invade the personal rights of those coming to his assistanse, by obliging them then or later to join any Union. Furthermore, that when the Union so defaults, the Publisher shall be left a free agent to contract for the needed help for such period or such permanence as the con- tracting parties may agree on. (7). The right of the employer to discharge employees for cause, which cause shall be stated, and' always within the limits of the contract* between the Union and the Publishers. (8). Acceptance and execution by the Union of the principle that differences arising in the pressroom which are not settled by the foreman shall, and by right ought to be, referred to the Pub- lisher since the contract is between the Union and the Publisher and not between the XJTnion and the foreman, and that any employe 351 always may appeal through the Union from any decision of any foreman, to a standing committee in which the Union and the Pub- lishers shall be equjilly represented, with provision for decision by disinterested fifth person of any issue which this standing commit-' tee fails to settle satisfactorily. (9). Recognition by the Union of the principle that since the foreman is the only representative of the employer in one of the two largest mechanical departments, the foreman must be responsible for the administration of the pressroom, efficiently and economically, and that the Chapel Chairman, who is the representative of the Union, must not overrule or interfere with an order given by the foreman. ' (10). Establishment of the rule that pending settlement of any controversy that may arise in any pressroom, work shall con- tinue without interruption or interference, and in a regular and orderly manner, the Chapel Chairman always having' the right of appeal to the joint standing committee against any order or prac- tice of any foreman that the Chapel Chairman deem.s unfair or contrary to the contract. (11). The right of the employer to transfer press crews, or parts thereof, from one press to another or from one position to another so long as no employe is subjected to unjust discrimination or overtaxing tasks thereby. The rule herein asked to apply to work in the pressroom is the same common-sense rule that other depart- merits of newspapers never question ; in the composing-room where all men may be transferred from a typesetting machine to a hand- case or to the make-up, or to the proofroom or to copy-holding, and back again the same night, and are so transferred and retransferred daily, to meet any requirement; in the stereotype room where men may be transferred from one kind of machine to another to do any proper work within the jurisdiction of that Union ; in the photoen- graving room where) under the contract with this highly skilled union, men may bd transferred from etching to routing, and from routing to blocking, wherever they may be most needed; in the tele- graph room where opera,tors are transferred at will from sending to receiving wire and from long-distance circuits to short local wires ; in the mail room where men work interchangeably at differ- ent hours and different processes within their jurisdiction, in getting papers out on time; in the electrical force where electricians never 352 demur at doing any work of maintenance or repair or new installa- tion that they are asked to do. (12). A clear definition in the contract of the rights and duties of foremen and their immunities, — if member of the Union — from interference, domination or discipline by the Union for carrying out orders given by the publisher respecting the collective or individ- ual work of tlie pressmen and the prompt issue of editions within the time and at the time required, and absolute immunity from indi- rectly enforced discharge for conduct wholly outside the regulations or terms of the contract. (13). Fixing the number of hours which constitutes a reason- able day's or night's work. (14). Fixing a reasonable compensation for men in charge of newspaper presses, assistant pressmen and apprentices, taking into consideration the wages paid for similar work in other cities operat- ing under charter issued by the same International Pressmen's and Assistants' Union of North America ; due allowance to be made for difference in cost of living in New York over or under other cities, according to the official reports of the U. S. Department of Labor and the National Indtistrial Conference Board. I arti going to jump now. We have prepared on a certain idea of the presentation of the history of the case, yesterday, and then we were going to bring in the 20 points of difference, and I have brought them in, so almost all of this information that we began here is the information you called for, your Honor, about the parties to the agreement, so I will jump that in our argument, and I would like to repeat if it is going to be determined, that we maintain here th^t the period of the contract is one year. Judge Manton : No fear of my being tired. Mr. Wardman : I will go on with our argument then. (Reading) : GENERAL STATEMENT. The Newspaper Publishing Industry like public service indus- tries, is continuously subject to the demands of the public. During the whole 24 hours of the day, there is a public de- mand for the latest news, which is supplied by the daily newspapers, 353 and every subscriber and reader of the daily newspaper is entitled to receive as soon as possible his daily paper, no matter where he may be located within the radius of the circulation district which can be supplied by New York daily newspapers. To supply this demand, it is necessary to print and mail news- papers every hour within the twenty-four hours of the day. It is true that there are peaks of production in the industry, particularly for such newspapers as are supplied to the readers within the ter- ritory of Greater New York, and its suburbs. During the peak it is necessary to employ large numbers of pressmen in the several news- paper offices. At the same time, it is just as necessary, that the newspapers supply with the latest news those subscribers and read- ers who reside beyond the limits of Greater New York and its sub- urbs. It is, therefore, necessary to continue the operation of the presses during all of the 24 hours of the day, in some one or more of all newspaper offices. Such are conditions which neither the Newspaper Owners and Publishers nor Union can change. In making a contract with the Pressmen's Union and giving it the first right of employment in the pressrooms, it is incumbent upon the Union to furnish at all times, such number of competent and skilled men as may be required to supply the normal, necessary needs of each daily newspaper published in New York City. With due consideration of the needs and demands of the in- dustry and the health and strength of its employes, the two sub- committees, one appointed by the Newspaper Owners and the other by the Union, tried diligently to negotiate by conciliation a new con- tract, having in mind the statement and broad principles of the Owners. The Publishers' Committee also had in mind the statement of Mr. George L. Berry, President of the International Union. The Publishers' Committee did, by painstaking investigation collect a large number of essential facts. In the -negotiation they attempted to apply the three broad principles of the Newspaper Owners to the facts they had collected, and negotiate a new con- tract. As to the reasonable application to our industry of the Owners' broad principles, we submit for reference an Exhibit No. 1 of the 354 principles and rules which govern elsewhere the determination of wages, hours and working conditions. After many meetings between the Newspaper Owners' Sub- committee and the sub-committee appointed by the Union, differ- ences arose. The chief points of difference from the Publishers' viewpoint may be stated as follows : I will now go back to the points of difference. (Reading) : (IS) Fixing the allowance or payment for all over-time work at the reasonable extra rate for any actual time worked in accordance with the principles and practices of other unions in the newspaper industry in New York and of the Interna- tional Pressmen's Union in cities other than New York. ^ (16). Determination of a proper leeway in the hours of be- ginning work, to be fixed by each office and made regular in accord- ance with the needs of the industry, the mail service, and that part of the delivery system outside the offices which publishers cannot control. (17). Determination of luncheon periods with reasonable lee- way for emergencies, but always with due consideration for the health and welfare of the employes : Lunch time to be paid for only when the operation of the press on which the man engaged is not interrupted. (18). Designation of proper compensation for day work on New Year's, July 4, Labor Day, Thanksgiving and Christmas. ( 19) . Exclusion of fly boys and carriers from the category of skilled labor in newspaper pressrooms in New York City. These employes have been taken into the Union as Juniors in New York, giving a full vote, and their compensation generally increased from $12 per week in 1914 to $30 per week in 1920. In nearly all other cities except New York, all unions under the jurisdiction of the I. P. P. & A. U. of N; A. do not include them in -Union membership nor class them as skilled. (20). Fixing a proper ration of apprentices to be employed and, in general terms, the conditions of their apprenticeship and their compensation to insure proper training of intelligent and well intentioned young men and their promotion to full journeymanship as soon as they are fit to act as assistant pressmen. This Union 355 now has no apprenticeship system of which we are a part and is in that respect, hurtful to itself and to the industry which supports it. It gives nothing back. Other points of difference will develop as the hearing progresses. In the declaration of principles enunciated by New York News- paper Owners, Feb. 22, 1921, this paragraph appears : "So long as the right of employment is given by contract to your organization the right of the employer to determine the size, and to direct the control of his force, with due consideration to kealth and strength of the men ; so long as the work lies within the trade with which the members of your organization are generally identified, the right of the employer to decide what they shall do, and to judge whether or not they do it well and faithfully." In the Pressmen's Statement issued in reply to the Owners' Statement, and signed by George L. Berry, International President and David Simons and Albert B. Kreitler for the Local Union, these statements appear: " it is not the desire of the unions locally or internationally to impose any condition of employment that is not productive and constructive in its character." " it is the common duty of the employer and employe to remove such abuses as may exist which are in fact to the common . detriment of all of the units entering into the industry." "It is perfectly true that a wrong of long standing does not necessarily become a right, and if a wrong exists, whether it be of a day or of a decade, it should be adjusted upon the basis of facts involved." We find in these foregoing statements the position of Owners clearly and fully defined and the views of spokesmen for the Union on the principle of unhampered operation. Opposite opinion as to what may or may not constitute unhampered operation necessitates determination of points 1 to 7 inclusive, 9, 11 and 12 in order that principles enunciated by Owners or contrary corjtentions of the Union may find concrete expression in contract form. Point 1 reads : '"Establishing the principle that if proper wages are paid and reasonable conditions of labor established, the employe shall per- 356 form any work within the jurisdiction of his trade that may be as- signed to him." It is history and common knowledge that during the war period, the forced draught of industry was responsible for the growth of many restrictive practices in trade unions. Necessity for high speed production afforded opportunity for imposition of working con- ditions wholly at variance with practices essential to efficient opera- tion in times of normalcy. Post war business depression and un- precedented conditions of unemployment demanded relief as a pre- liminary to business readjustment and resumption of industry. Necessity of unhampered operation is now being recognized, and the right of the employer to receive from the employe an unrestricted day's work in exchange for a stipulated wage is not challenged. The trend of opinion is well illustrated by instances we shall cite. In December, 1920, there was inaugurated in Boston an arbi- tration proceeding between Boston Typographical Union No. 13 and Boston Daily Newspapers, the fifth arbitrator being the Honor- able Wilfred Bolster. On the second day of the proceeding Judge Bolster withdrew from the Board, and in a statement reviewing relations between the Publishers and Unions which should be the same as that of other manufacturers and their Unions, had this to say : "As a friend of labor I cap offer it no mo»e sincere advice than that it make its bargains mutual by setting against a stipulated wage a stipulated production. If to do so is against the tenets of trade Unions, so much the worse for the trade unions. The public is not yet ready to surrender the principle that has held good since the human race began to barter — value for value — compact for compact. "Specifically, gentlemen, I mean this. I will not arbitrate your demand for a minimum wage until you supplement it with an agree- ment for minimum production. I deny your right as against the public to set up half an issue for settlement. I deny the right of the publishers to join issue with you on your one-sided demand as you have formulated it. I will not stultify myself by saying what is a fair share for you to take out of the community wealth as wages when there is no stipulation as to what you will put back by your labor. I regret the delay which tbis conclusion will cause, but it is a delay of your own making. Since the conclusion rests 357 upon fundamentals which cannot be waived or altered,' it is fairer to state it now than at the end of a protracted series of meetings," In his remarks, Judge Bolster expresses in our opinion, the fundamentals of employment. Judge Kenesaw M. Landis, of the United States District Court, Chicago, 111., was chosen to arbitrate a wage controversy in the building trades of Chicago. Prior to the hearing. Judge Landis expressed himself as fundamentally opposed to such restrictions as were mandatory by the building trades unions of Chicago, and suggested that before issues were presented for determination, the Union should come with clean hands. Among principles which he offered for consideration of working agreements, these sugges- tions were made: "Eliminate useless working rules and conditions; elitninate' waste of time, effort and material; increase quality and quantify of product; encourage improved methods, materials and appli- ances; produce increased skill and contentment of the workers; and help to preserve peace in the community." Among principles enunciated by Judge Landis, as warranting higher wages or wages above the average was : "If the work is intermittent or unsteady due to weather or seasonal demand." "Other things being equal, trades having rules or conditions that produce or permit waste, should have a lower wage or a wage lower than the average wage." "Rules that limit or curtail in any way the amount of work per man consistent with reasonable comfort and well-being." "Rules that expressly or by inference interfere with the man- ager or foreman in the dispatch of the work, or the use of new or improved methods, materials or appliances." In the Building Trades Controversy in New York City, Mr. Samuel Untermyer, acting as counsel for the Lockwood Commit- tee, expressed the belief that labor Unions should voluntarily re- vise their rules to meet the salient suggestions made by the State Investigating Body. These rules pertain expressly and exclusively to hampering restrictions laid down by Unions in the Building Trades, and with the exception of the Brick Layers' Union, all 358 trades acquiesced in these recommendations, and hampering re- strictions were annulled. Probably the most pronounced and historic expression of idealism by radical minds in working conditions is that of the Rus- sian Soviet. Singularly, however, rules laid down by these ideal- ists vary only in minor essentials from those which New York Newspaper Owners are seeking to establish in their pressrooms. Recently the New York Call printed Russia's Labor Code, dated June 17, 1920, which applies to all State, Civil, Military and private undertakings, institutions and business existing in the terri- tory of the Russian Soviet Federal Socialistic Republic. The fol- lowing are the provisions of this code : "All work in the Russian Republic is fixed at 8 hours by day and 7 hours by night. "The normal duration of work for persons employed in of- fices or intellectual occupations is fixed at 6 hours a day. In case of night work, five-sixths of an hour shall count as one hour. "The duration of worlc for minors between 14 and 16 years of age shall not exceed four hours. "The work of young persons below 18 years shall be fixed at 6 hours. "Persons below the age of 18 shall not be employed at night, "Standards of production are provided for 'whereby every worker shall perform a fixed amount of work which shall not fall below the standard of output established for the class and group to which he is assigned.' "These standards of output, however, are established by local committees in accordance with the general standards approved by the Labor Commissariat and must be approved by the competent trade union and enforced by the local trade union councils and the labor department. "Wage rates shall be drawn up for each tranch of employ- ment by the trade unions and approved by the Labor Commissariat. "Women who perform the same work receive the same wage as men. "A wage earning or salaried employe who actually performs work for which expert knowledge is required shall be paid at the expert rate even if he has no educational diploma. 359 "Apprenticeship of two to three years is providedi' for. "Bonuses are paid to workers who exceed the prescribed out- put. "Overtime is Hmited to 4 hours a day and only permitted if the trade union regards overtime as necessary. "Welfare regulations are laid down for all factories. "Employment is practically permanent after a 6 days' proba- tion period for wage-earning employes and two weeks for office workers and intellectual occupations. "Workers can be dismissed only for four reasons, including the closing down of the plant, a month's absence, end of contract or poor production, and then must have two weeks' notice." The National Metal Trades" Association, one of the greatest industrial organizations in the world, in declaring the principles which should govern in their relations with their employers, said: "We, the Members of the National Metal Trades Association, declare the following to be our principles, which shall govern us in our relation with our employes: "1. Since we, as employers, are responsible for the work turned out by our workmen, we must have full discretion to desig- nate the men we considei: competent to perform; the work and to determine the conditions under which that work shall be prose- cuted, the question of the competency of the men being determined solely by us. While disavowing any intention to interfere with the proper functions of labor organizations, we will not admit of any interference with the management of our business. "2. This Association disapproves of strikes and lockouts in the settlement of industrial disputes. This Association will not countenance a lockout, unless all reasonable means of adjustment have failed ; neither will the members of this Association deal with striking employes as a body. "3. Every workman who elects to work in a shop will be required to work peaceably and harmoniously with all his fellow employes, and to work loyally for the interests of his employer. "4. The number of apprentices, helpers and handy-men to be employed will be determined solely by the employer. "5. We will not permit employes to place any restriction on the management, methods, or production of our shops, and will require a fair day's work for a fair day's pay. Employes will be paid by the hourly rate, by premium system, piece work, or con- tract, as the employers may elect. 360 "6. It is the privilege of the employe to leave our employ whenever he sees fit and it is the privilege of the employer to dis- charge any workman when he sees fit. "7. The above principles being absolutely essential to the successful conduct of our business, we cannot permit the opera- tion of our business thereunder to be interfered with. In case of disagreement concerning matters not covered by the foregoing declaration and not affecting^ the economic integrity of the industry, we advise our members to meet such of their employes who may be affected by such disagreement and endeavor to adjust the diifi- culty on a fair and equitable basis. "8. In the payment of hourly wages or in tiie operation of piece work, premium plan, or contract system, this Association .will not countenance any conditions of wages which are not just, or which will not allow a workman a fair wage in proportion to his efficiency." The foregoing instances only are cited here in support of our contention that the principle of removal of hampering restrictions is being restored. We do not plead the impossibility of operation under such restrictions as are at present imposed by pressmen, but we contend that as employers we are entitled to the right to align our forces as judgment dictates or necessity requires and should not unjustly be made to submit to working conditions which do not benefit the individual worker physically but impede our opera- tion and impose unnecessary expense and to his ultimate detriment, because by as much as production is thus curtailed, -there is that much less product to be divided among the producers. We plead that inasmuch as greater freedom of operation, is being restored to employers in other lines of industry, no valid claim can be made that owners of newspapers should be restricted in establishing working conditions deemed essential . to efficient and economical operation, so long as due consideration is given to the health and strength of the men. Insurance of such consider- ation finds expression in a provision in the form of contract we propose in which the right is granted the worker to appeal to a joint standing committee for rectification of injustice. I would like to say to you that Standing Committee that is in operation pretty generally among all the publishers, that it is the most remarkable thing that has ever been discovered in this neighborhood for settling industries and disputes ^yithin the office, as to whether a man was wronged or not. I happened to write the 361 clause that went into the Typographical Union's scale contract, and I have been, therefore, more interested in it than others, and I have watched the development of those cases. I found out the other day, before these proceedings began, or i knew I was going to be dragged into them, that a majority of the cases that have gone before that Standing Committee, made up of two employers and two members of the Union, have been decided in favor of the Ujiion, and that nearly all the decisions whether against the mem- ber of the Union or against the employer, have been unanimous. If anybody can invent a better scheme, if you can invent a better one, we will bg very glad to have it; they are just like a Court, they can go into the facts ; they are on their honor, and they are determined that they shall get this thing worked out right. I think every point that arises out of an office, within a contract, can be counted upon to be fairly determined by. a Standing Committee of that nature. (Reading) : We propose to enter into a contract under the terms of which we agree to employ members of Web Pressmen's Union No. 25. We have been paying the highest wage scale for pressmen in the United States. In return for such compensation we expect, and we demand, that the jurisdiction, authority and control of each pressroom and all its work and all its employes shall be vested exclusively in the publisher or his representative. It is a fact which cannot be disputed, that of the 12 unions employed in the manufacture of New York newspapers, none is seeking to impose such hampering restrictions as would be made conditional to the employment of Web Pressmen's Union No. 25 by its ofiScers. Right here we wish to state that the Newspaper Owners and several of the other Unions employed in newspaper offices ap- pointed sub-committees, and conferred on the matter of new con- tracts in accordance with the statement of the publishers and the three general principles therein. After several meetings, the Typo- graphical sub-committees negotiated a contract in which a number of provisions were made in conformity with the principles stated by owners. The Typographical Union and the Publishers agreed upon changes in working hours and other conditions and intro- duced into their contract a Competency Clause provided for a stated amount of production in exchange for their wage. The Mailers' 362 Union Committee, in conference with the committee appointed by the Newspaper Owners, made several changes such as long shift hours, and also changed the computation of overtime which had formerly been by half-hour periods to a computation of overtime in 5-minute periods. The Deliverers' Union, which furnishes all of the help necessary to deliver the daily newspapers, agreed to conditions asked by the Owners' Committee. They changed their overtime computation from half-hour periods to 50-minute periods, and their rules for holiday work. The Photo-Engravers' Union likewise made changes in their hours of work and in the luncheon provision. The contract between the Stereotypers' Union and the newspapers is in operation, pending the making of a new contract. I would like to explain that that contract has also expired as this contract has, but it is in operation, while we are in agree- ment that it shall be continued only until we get around to taking that up on this long list that we have of negotiating contracts. It is provided in the contract itself. There is a 60-day clause. (Reading) : In none of the contracts with these several Unions can be found those wasteful and unproductive practices which the Pressmen's Union exact under their former contract of employment. Before giving further consideration to points in dispute, let ns emphasize the fact that the equipment of pressrooms of news- papers involved in these proceedings represents a great investment, and for this reason the owner is most concerned in its security, productivity and general efficiency. Obviously, the first concern of the employer is to insure issuance of editions on time, and to properly protect his investment. The laborious duties of pressmen are largely performed before the cylinders turn. The web of paper must be properly run, plates must be properly placed; and, when started, the machine does the work, operating at high speed with ample oil placed in proper bearings by pressmen, and with due regard to tension- of paper being fed into the press. Should a bearing be allowed to run dry, great damage may result. Should a tension man do his work improperly, breaks, delay and possible damage, may result. No employer having due regard for the value of his plant and importance of timing editions, will employ a lesser number of men than is necessary to do the work and pro- tect his property. 363 In considering points 2 to 7 inclusive, and points 9, 11 and 12, we will not consume time in again reciting them as they have already been read into an earlier portion of this brief. They relate to the principle of free and full control of pressroom operation by the Publisher, and the right of control or alignment of forces, number of men to the operation, judgment of competency, employ- ment and discharge, and function and prerogative of the foreman. New York City is recognized as the publishing center of the United States, and here are published papers of greatest circula- tions. Without analysis it might be assumed that by reason of these great circulations, a greater amount of work falls upon the individual pressman, and that the nature of his work is more exacting and exhausting than that of fellow- workers in other cities. In the case of every newspaper in any of the major cities in the United States, presses are worked to capacity, and pressroom equipment is expanded in equal ratio to quantity circulation; in other words, mechanical expansion in the same ratio as man- power expansion. I should think that if your Honor could go and look at the pressrooms, or any pressroom^ that would be the very best way to see what is going on. Judge Manton: I would like to. I heard yesterday a patent case involving a press in the Circuit Court of Appeals. Mr. Wardman: I am very glad you did, because then you find out there are only two presses in the United States; so that what a pressman has to do here, he has to do anywhere else, and what a pressman has to do elsewhere is the same; virtually the whole press business consists of only two types, so that a man can not say it is harder to work a press here than there, because it is a different kind of press. It does not make any difiference whether there are 100 press units in 100 small cities, or all of these 100 press units are in one pressroom in New York City. The press is a distinct printing instrument. It can be collected into 4's, 8 and 16. It does not do any more work, and can not do any more work, and when you have 100, you have really 100 different newspapers manned by 100 dififerent crews, and it is the simplest thing in the world. The presses are just picked up and put together, and then to make the 364 bigger presses, the groups of presses are picked up and put down into a pressroom, and make what will be half a dozen. It is just exactly the same as it is in Kansas City or here — whether, as I say, 100 scattered around, or 100 in one pressroom. It can not do any more work, or call upon the men in the one case than in the other, unless it is a loafing job in some little town; but of course, we are not supposed to provide contracts for loafing. That is not supposed to go into the consideration in this case. (Reading) : A press crew is employed to operate a unit of total productive capacity. Therefore, in -New York City, the situa- tion is an enormous aggregate of units rather than an increase in power or production per man. The gross production of one New York City pressroom may be the equivalent of from 500,000 to 1,000,000 total cylinder revolutions per day and the gross pro4uc- tion of a pressroom in a minor city, may be the equivalent of 200,- 000 or v300,000 cylinder revolutions. In, neither instance does the man-power differ. Pressmen at work on a paper of 100,000 circu- lation perform the same labor as pressmen employed on a news- paper of 750,000 circulation. A press can run no more than to capacity, and obviously every- newspaper owner recognizes the necessity of equipment sufficient to produce his editions on time. Man pressure does not vary unless it be in cities of very minor circulation, where periods of actual press operations are shorter by reason of small quantity circulation. In this connection, it is pertinent to ascertain the number of men now employed on presses in the larger cities of the United States, for the purpose of showing that the employment of a greater number of men to the press has been exacted in Nev/ York City than in any other major city in the United States with one ex- ception. By direct inquiry to publishers and from contracts between newspapers and Pressmen's Union, information has been collected in other cities as to the minimum number of men employed to oper- ate the difierent sizes of presses, such as quadruples, sextuples and octuples. A press unit is a press printing from eight stereotype plates or printing eight pages. A quadruple press prints from four times eight plates, and produces 32 pages ; a sextuple, six-eights or 48 pages; an octuple, eight-eights or 64 pages. 365 We present herewith as Exhibit 2 a tabulated result of our investigation as to numerical requirements in press crews, in sup- port of our contention that the employment of more men to the press is demanded in New York than in any other major city v/ith the exception of Boston. Looking further into the fiction of Union requirements as to the number of men specified to man a press, the complete answer has been furnished by the Union itself through the deliberate, habitual and shameless "John Doeing" of their own presses for months at a stretch. We will show by a few instances that such numerical requirements are not based upon an inherent desire on the part of the Union to safeguard an expensive piece of machin- ery nor of necessity incident to production, but rather to provide employment for an excessive number of men or to increase indi- vidual earnings. Every payroll of New York pressrooms shows the employment of what in newspaper parlance is known as "John Doe" men, meaning vacant press stations of men regularly em- ployed. To define more clearly, men may obtain permission of the chapel chairman to attend a baseball game, or procure leave of absence for some other reason. In the event that stations be vacant, the office pays for a full crew, such part of payment as would have been earned by the absent man or men being .divided amongst the remainder of the crew which absorbed the work of the absent worker. Presence in the payroll of "John Doe" men means that a lesser number of men manned a press than is speci- fied or has been mandatory to operation.- There have been instances in this town, for one reason or another, when men were off, and presses were operated success- fully with the smaller number of men than are used in other cities. It is a rather interesting thing in going over some reports in my own office, that I have found that a "John Doe" press very undermanned, very frequently, that is a press that was under- manned, and undermanned we pay just the same — undermanned, of course, because the men were not on the press — fhat.a "John Doe" press very frequently had a higher production than a fully- manned press; and in some cases it was so eight times out of ten. Judge Manton: What is your explanation of th^t? ' Mr. Wardman: Too many men on the press are not good 366 for it. They are in the way of one another, it is just the same as too many men on any job. There is no question about it. Judge Manton: You mean too many men, and they get in each other's way? Mr. Wardman : It is an association of different circumstances, that you are more on your tip toes, don't you know, and the thing seems to run better. There is no accounting for it in any way, but all the other cities in the United States, as you will see by the exhibits and later developments, run with fewer men on the press than are employed in New York City, with the excep- tions that we have noted. One of them is Boston, and I think another is Los Angeles. It is all brought out in here, but there are only three, anyhow, and some of these presses run without the number of men that we have. The point we are making is that the contention of these men that they require these presses in New York, because conditions are different, when they are not, is entirely disproved by them- selves in their "John Doe" presses, that they run night after night, while we pay for men who are not on the job. Judge Manton: You want to determine the number of men to put on the job? Mr. Wardman : Absolutely. Judge) Manton: Now, it is determined by the Union. Mr. Wardman: Everything is determined by the Union now, everything — let them include everything. There is not anything that is not determined by the Union now. (Reading): Crews working on a run of Jan. 1 for issue of Jan. 2 were three boys short. Their pay amounting to $15 was split amongst the nine who worked. On another New York newspaper, week ending Thursday, Dec. 15, John Doe men, 5; week ending Jan. 5, John Doe men, 20- week ending Jan. 12, John Doe men, 23. Another newspaper: Employment of from two to ten John Doe men each week. 367 One newspaper reports division amongst four crews' of John Doe earnings in two days amounting to $108.87. These few are not isolated instances but are recited merely tc illustrate a process which involves the employment of less men to- the press without in any degree reducing efficiency. Impediments to operation under hampering restrictions im- posed by the Union are well illustrated by the following instances: Newspaper A : Owing to shortage of men in pressroom it has been customary when running octuple presses to order in some of the day men to fill night crews. In October last 3 men were asked whether they desired to work on their regular night off and thereby earn 7 days' pay within the fiscal week. These men came to work and the Chairman of the Chapel claimed they should be paid at overtime rates. On refusal of the office to do so President Simons, called in by the Chairman, requested the office to pay at the overtime rate. The office again refused, whereupon the Chair- man was instructed not to allow the men to work on their night off at regular f)ay although some of the men were anxious to do sb. This attitude of the union necessitated day men doing a double shift within the 24 hours though willing men were available who would have worked but one shift if allowed to do so. The Union questions the right of the office to turn presses at any time when they are not covered with a full crew which necessitates the em- ployment of a crew when a press is in the hands of machinists for repairs. The objection to removing from the octuple deck by sextuple crew, working on a later shift, of a roll of paper left at the end of an octuple run and transferring said roll to another paper arm of the press. There are four arms to hold the rolls of paper, and this press can be converted from a sextuple or an octuple, or from an octuple back. You have more men on an octuple than you have on a sextuple, and if the roll of paper is on the upper arm of the octuple that has been running 32 pages, we will say, a night, and they want to run in the morning on the afternoon paper, say 24 pages in three rolls, the men won't transfer the roll which is on their own press right down there, because unless the press they claim is operated as an octuple, which you can not operate as an octuple. 368 and you do not want it — they claim that they can not touch that part of the press ; ffiey won't take that roll from up here and put it down here where it can be used. All the rolls run this way (indicating). (Reading.) The objection to the crew of a press, transferred to a second press during a shift, due to the breaking down of the first press, to remove plates from first press after finish of run. The Union claimed a double day's pay for performing such work. The crew in question removed the plates under protest and informed the foreman that the matter would be taken before the Union. We were later told the question was dropped pending scale negotia- tions. The objection to foreman transferring men, once crews are assigned, from one press to another, when at the beginning of a shift foreman discovers it is to the advantage of the ofKce to make a change in a crew which may be unsatisfactory due to lack of experienced men to cover all stations on press. This question was brought up recently but was not pressed as "It was undesirable on the part of the Union to fight it at this time." We are asking your Honor that in this contract you give the Publishers the right which they have in other cities, and which we ought to have, whether they have it or not — to use these men whom we are employing, whom we pay, whether they are called, and whether there is any work for them or not, to use these men not only on such presses as we desire, but on such positions on those presses as we desire. They are competent to do that, or should do it. They are skilled men, and we make the contract with them to get the skilled, competent men to do any work. It is the only . department of a newspaper where we are not able to remove them from this machine to that, or that position to this position on this machine ( indicating ) . (Reading) : During the month of May, 1921, Mr. Simons, President of the Pressmen's Union, visited our office in reference to the discharge of a member of the Union. He demanded the rein- statement of the discharged man and upon the refusal of the fore- man to comply with his request he threatened to take the foreman's Union card away from him, thereby endeavoring to coerce the foreman to take action which would be detrimental to the interests of his employer. 369 We shall show you afterwards how under this process, a Union can discharge your foreman by simply taking away, his card, because they insist that a foreman must be a member of the Union. If a member of the Union has his card taken away from him, he can not hold a job. Therefore, if they take away his card, they can discharge your mah, but we will go into that later. (Reading) : Our office has been compelled to run short-handed on many occasions during November, December and January owing to lack of pressmen to cover situations. All registered apprentices in our office have been employed on such occasions to aid in filling press crews. We have paid from two to, ten "John Does" each week. In April, 1921, the chairman of the chapel ordered all press- men, when leading sheet, to put it in opening of cylinder, though it has been the custom of the men to stick the end of the sheet between cylinders. This order was objected to by some members of the chapel, who refused to obey the chairman's instructions. The men were taken before the Union and ordered to obey. After several protests by the office to the Union it was agreed the men could handle the work as they desired. Newspaper B ; The Union demands an extra man to be added to a crew when in emergency two 33-inch rolls are used in place of a 66-inch roll on a rotogravure press. Although admitting that no hardship and little work is involved they insist on the employ- ment of a pressman and will not allow a boy to assist. On Election Day a regular run was finished at 5:30 a. m. but another start of an edition was not finished until one minute after six. As a result the paper was compelled to pay two hours overtime wages for 31 minutes work. Recently, when the Union was unable to furnish a relief crew, the paper was compelled to pay for two luncheon periods. Newspaper C: Pressmen refuse to place rolls of paper on brackets corresponding to the unused sections of a press and run- ning the lead from these brackets into the used sections of the ".press without extra pay for the operation. Newspaper D: A crew worked one-half minute after six o'clock p. m. and as it is necessary to offset rollers five minutes is 370 allowed for that purpose and the chairman demanded one hour's overtime, which was paid. On an edition requiring the operation of 4 presses three were discontinued and one continued to finish the run. Melting of a roller caused delay and as crews of the other presses had not yet left the building the chapel chairman was asked to put back one crew to help out on the run. The office was willing to pay one hour's overtime but the chairman demanded a full day's pay and this demand being refused he would not permit the crew to run the press. Newspaper E : Erecting Machinists had completed the installa- tion of two presses and were ready for a test. It was incumbent under Union restrictions that a full crew be called in to turn over the press. The machine was run but a few minutes, whereupon the foreman asked the crew to go over to the other press and test. The crew refused to do so under their rule which prohibited trans- fer of a crew from one press to another. This refusal compelled the calling of another crew to test the second press. Not more than a few minutes was worked by either crew but the office was put to the expense of a full day's pay for each member of the two crews. We are asking in our contract that the right of the Publisher of full and complete control of employes of the pressroom during hours of labor be determined. We contend that during the period of employment the time of the men is at the disposal of the Pub- lisher or his representative, in matters pertaining to the conditions of the press as well as its operation, and that during the working period they shall freely perform whatever duties may be assigned to them in connection therewith. Generally speaking presses are not~operated continuously during the working period. There fre- quently exists time between editions. Upkeep of presses and cleanliness of presses and press pits are essential to the welfare and efficiency of the men. Under conditions which have existed orders of the foreman have been generally disregarded in so far as the cleaning of the presses or press pits is concerned. In other "words enforcement of orders issued by the foreman has been im- possible. We are asking in our contract that men shall perform whatever tasks incidental to tfieir trade may be assigned them by i:he foremen and these tasks involve cleanliness as well as opera- 371 tion. It need' hardly be said that if cleaning involved outside of their trade they would not be expected to perform such tasks. No such arbitrary attitude as is shown by members of Web Press- men's Union No. 25 is assumed by pressmen in other major cities. Cleaning of presses and pits is done without question in Boston, Baltimore, Cincinnati, Denver, Detroit, Indianapolis, Kan- sas City, Los Angeles, Milwaukee, Minneapolis, Philadelphia, St. Louis and Washington. In Cleveland, Chicago, Seattle, San Fran- cisco, St. Paul, men clean presses thoroughly whenever required but do not clean pits, the latter work being done by fly boys or common labor. We have previously stated that no union engaged in news- paper making imposes such hampering restrictions as have been made conditional to the employment of members of Web Press- men's Union No. 25. Members of the Typographical Union em- ployed in offices here represented perform without question wtiat- ever duties may be assigned to them by the foreman. They may be transferred from hand work to machine composition, or be assigned to floor work, proof reading, copy holding or any other occupation coming within the -scope of their craft. Members of the Stereotypers' Union perform without question any 'branch of their work to which they may be assigned by the foreman. Mem- bers of the Mailers' Union may be assigned to the work of mail- ing, bundling or carrying papers from one point to anotjier. And yet, members of the Pressmen's Union have in the past imposed conditions which rendered them immune and set apart as a class from other workers in mechanical departments of newspapers, thus creating the impossibility on the part of the foreman to have freely performed such work and in such manner as he deemed essential to economic or efficient operation. Determination of points affecting full and free control in accordance with conten- tions of publishers is vital to economical and efficient operation, and would impose no hardship upon the individual worker. The right to employ presupposes the right to designate duty. The determination of Point 4 as to the right of the employer to be the sole judge of competency of men employed in operation, is vital to every newspaper represented in these proceedings. As before stated, the pressrooms of New York City represent great financial investments, and this being true there would seem to be little' argument necessary to establish the right of the owner to 372 determine whether or not an employe is a competent workman. The element of time entering into production involves skill in some stations, whereas other regular duties of pressmen could be performed by unskilled labor possessed of a reasonable degree of intelligence, strength being one principle essential. Inasmuch as Owners are contracting to employ members of Web Pressmen's Union No. 25, it would seem only just that if a member of the Union is not considered competent by the Publisher, that he be permitted to employ another member whom, he may consider more competent. This would in no wise bar the Union from employ- ment of its members, as is mutually agreed. We wish to present argument in detail on Point 6, which reads as follows : "The Publishers' right, on the Union's failure to supply the required men, to employ non-union men and to continue their employment, without restrictions or conditions." This is a contract wherein the Union agrees to supply the men needed to operate the presses of the Publisher and the Pub- lisher agrees to employ only Union men, so long as the Union supplies them. When the Union fails in the performance of its part of the contract, the Publisher insists that he shall have the right to go outside, as a free agent, to contract with others, on any terms on which their minds may meet, and certainly not on terms dictated to him by the defaulter, who has possibly exposed him, by the default, to employing at a higher cost, less efificient help and consc quently more of it. Under what theory does the defaulting party presume to place limitations on the contracting freedom of the other party? On what theory are they entitled to say that in trying to save himself from the consequences of their default, the Publisher cannot prom- ise the men coming to his relief, steady employment, or that if he does promise steady employment he must make the men join the defaulting Union? Why should the defaulter be entitled to dictate to the Pub- lisher that he must invade the private rights of the men who come to his assistance, by telling them that in a given time they must join the Union under the penalty of losing their work, and if for 373 any secret reason the Union will not admit them, they must lose it anyhow? Is this liberty of contract for the one thing. that jurisprudence most zealously guards human labor, — lost through any device of selfishness honest labor shall ever have put on it, the faintest mark of slavery? On what theory does default extend the defaulters- rights, profits, interests, rather than curtail them? The Publisher does not ask the right to forbid a man so em- ployed, from joining the Union, if he sees fit; but he insists that he shall not be obliged to punish the man, who came to his aid, by discharging him if he does not join the Union. There is not much danger of de-unionizing snap demands. They are too expensive, since the man ordered in is paid in full, whether he works or not, and surely a Union-with an annual income of over $3,000,000 can aflford an office and machinery of commu- nication which will avert any "such danger besides which the regular day to day, year in and year out, employment of forces is a safe- guard. The proposition is basically unsound and vicious in its 'possi- bilities as illustrated in the past year by the "vacationists" and the ■"premiumists." The "vacation" system is where the Union contracts to supply men. We have theoretically the men, but they go on a "vacation," and they have not quit their jobs. You have not discharged them. You can not discharge them. Judge Manton: Yet they stay away from work. Mr. Wardman: They stay away from work. Judge Manton: Without giving excuse? Mr. Wardman : They may give an excuse, but they stay away to create a shortage, so that you will bid a premium for men to come in who have contracted to work, so that you .will either bid a premium to get other men, or you will be compelled through your shortage to pay overtime to the men on the job. Judge Manton: Who passes on the sufficiency of their excuse? Mr. Wardman: Well, what we want to do is to pass on the sufficiency by saying — when you do not under your contract pro- 374 vide men, we will go out and get them. That is the way to insure against that. We do not want the men. Nobody wants a lot of outsiders in. We want to do our business with the Union. We contract .to do it. It is the proof that we want to do it. Judge Manton : In the course of business, if a man puts in an excuse that he is sick or away, or has a dead mother-in-law, or something of that kind, who passes on the sufficiency of that excuse ? Mr. Wardman: What does the foreman do? Mr. Kreitler: The foreman. Mr. Wardman: The Chapel Chairman. Mr. Simons : The foreman has the direction of the pressroom. The contract which we will present to you will positively show that. Judge Manton : The foreman says whether it is a truthful excuse or not. Mr. Simons: That is all. The Chairman has nothing to do with it. Mr. Wardman: The foreman has the direction of the press- room. Judge Manton: What you want is to pass upon that? , Mr. Wardman: What we want, is, first of all, that the fore- man shall represent the office, and he does not now. He does not represent the employer, and can not under existing conditions, when his own life is at the mercy of this Union. The minute they take his card away, they can intimidate him. We want first the right to control our foremen in the pressroom, and then as we are arguing here, if they have contracted to supply men to us, and they do not supply them, we want the right to go out and get men outside, who will do the work, and having got those men, if those men want to stay and want to join the Union, all right. If they do not, all right; but we do not want to be compelled to do anything in the way of forcing them. (Reading.) Vacationists! A Union having a contract to sup- ply labor, defaults. . The members employed do not go on strike to enforce the grant of an expectation — ^that under the contract would be indefensible. The employes individually "take a vacation" in 375 greater or less number. The employer calls on the Union for the ■contractual help. They cannot supply it. The employer goes out- side to get men. He can not offer them steady employment unless they are in time taken into the Union, — a probability easily meas- ured in the circumstances. The Premiumists : A Union enters into contract to supply men at a stated minimum wage — fixed to the satisfaction of both parties. The Union reports its inability to supply men at that wage. They can supply them at a premium. The employer goes outside and makes the best terms he can make. After thirty days the new men must join the Union. They become "premiumists" and will not work for less than the premium individually fixed by members who had collectively bargained for the minimum scale. Judge Manton: Is that due to the matter of profits that has ■sprung up, or due to any contract that has existed? Mr. Wardman : It is due to a clause which has gone on for years, which says, if I remember it correctly, that the foreman shall be the proper person — is that the language? Mr. Simons : The foreman shall have the hiring or discharging. Mr. Wardman: Is that the language that the foreman shall he the proper person to employ? Mr. Kreitler: To whom application shall be made for a position. Mr. Wardman: That is right; to whom application shall be made for a position. The discharging part is not mentioned there, is it? Judge Manton: Let me ask you this: Does your contract in the past provide that the Publishers shall apply to the Union for men first? Mr. Wardman: Yes. Judge Manton: Therefore, you leave the employment to the Union ? Mr. Wardman : No, we leave th^ provision of the men. The contract says that men shall apply to the foreman, in some language like that. Judge Manton: Leaves the submission to the Union? 376 Mr. Wardman: Yes. Judge Manton: That you do not bind yourselves to? Mr. Wardman: Oh, yes. We want to preserve our rela- tions with the Union. We want to have Union men in our office and they are the only Union that we recognize. We want them to provide the men, but we want to employ the men out of those people that we think are proper, and we want to discharge the men that we thinlc are not competent and efficient. On this point of discharge — of course, the practice is different — this is a thing that has grown up. I do not think it^is mentioned in that clause that the foreman discharges, is it? I do not think it says — shall employ or hire or discharge, like most of the other Unions. It says some- thing about employment, but does it say about discharging there? Mr. Kreitler: Mr. Wardman, we had the same clause in our contract with you as you have in the Typographical. If a man is discharged and the Union takes up his discharge, it. will be taken up with the Standing Committee of both. Mr. Wardman: I understand that, that is in the reference clause. Judge Manton: There was a sample of a contract — Mr. Kreitler: Here it is. Judge, I believe. (Handing paper.) Mr. Simons : Here is another one. (Handing paper.) Judge Manton: Go right on. Mr. Wardman : If it be the fundamental right of the employer to employ, it is his fundamental right to discharge. Judge Manton: Well, we have had this interruption now. How long do you want to continue today? Mr. Wardman: What would you like? Saturday is a day for a half h®liday. Mr. Simons : We do not get any half holiday. We work tilt Sunday morning. Judge Manton: Suppose we go on till quarter of one, and then come back here any day next week you want, and keep at it, going along until we get through. 377 Mr. Wardman: I think Saturday was a rather' unfortunate day for some of us. Judge Manton: If you want, we will stop now. Mr. Wardman: That will be very nice, and you can make a .fresh start on Monday morning, and clean it up with straight sessions, long sessions. Judge Manton : All right. We will adjourn and meet on Mon- day morning at 10 o'clock. Whereupon, at 12:25 p. m., the further hearing of the Arbi- tration Proceedings was adjourned until Monday, January 23, 1922, at 10 o'clock a. m. SECOND SESSION Monday, 23rd January, 1922, at 10 o'clock a. m. PRESENT : The Board of Arbitration. Appearances of parties as before. Judge Manton: We can go on this morning till quarter past 12. Do you want to come back this afternoon, or come back another day? Mr. Wardman : I suppose, if it is agreeable to you, we would all like to come back this afternoon. Mr. Simons: We would, very much. Mr. Wardman: We all have a lot of work hanging over us. Judge Manton : Come back at 2.30 then. I promised to make a speech this afternoon, and I have to keep the appointment and we will sit from that time till four, if you think it worth while to return. Mr. Wardman: Yes. I think we can make a good deal of progress. We were just starting in with the determination of Point" 7 Mr. Jones: Suppose you start on Point 7. 378 Mr. Wardman: (Reading from Page 41 of Brief) : The employer is virtually the recruiting officer who will ulti- mately force every member of that craft into the Union or crowd him out of his craft. When this mediaeval guild situation is brought about, one can imagine at what heights the Premium will ^De fixed. Let Union labor contract at the very highest figure it can get out of any industry, but let it live ud to its obligations; and if it does not fill its obligations under the contract, let the other party go out into the market and contract for his requirements, without any fetters of the defaulter's making. Let him pay the price free labor demands, but leave him free to maintain continuous relation- ship on the terms of the contract the free agents made, or alter or amend it as their minds agree, and not as some third mind, with other interests, dictates to them. Determination of Point 7 involves the right o^ the Publisher to employ or discharge. If it be the fundamental right of the employer to employ, it is his fundamental right to discharge, provided work entrusted to the employe in question is not performed satisfactorily. Again, we say that as we are contracting to employ members of Web Press- men's Union No. 25, it is our right to discharge a man whose duties are performed unsatisfactorily, or for any other good and suffi- cient reason, provided another member of Web Pressmen's Union No. 25 be employed in his place if supplied. Executives of every newspaper organization are responsible for operation and not the Union. The Union agrees to furnish men to perform certain work, but does not undertake any responsibility for the issuance of editions on time, neither does it assume responsibility for dam- age to machinery. The qualifications of any workman should be judged by the employer. We believe this is fundamental, and as our agreement to employ members of the Union would not be affected by the discharge of any employe whose work was considered unsatisfactory by the Publisher or his representative, we are asking nothing un- reasonable in being permitted to employ only men whose qualifica- tions as pressmen are unquestioned; neither are we asking an undue right in being permitted to discharge a man, should we con- 379 sider him unqualified to perform such duties as may be assigned to him. The agreement under which New York pressrooms are being operated does not in its terms confer upon the office authority to hire or discharge pressroom employes, although such authority is written into contracts between Publishers and Pressmen's Unions in other major cities. We present here as Exhibit 3 clauses carried in contracts in the cities mentioned. I might put in here, if you have got one of those Consolidated references that we use here so much, and give one of them to the other side and one to the Judge (handing papers) because the most convenient of all you can get practically anything in there that you want, instead of having to turn to the various exhibits referred to, which are inside all of this mass here. Judge Manton: All right. Mr. Wardman (Re'ading) : The determination of Point 8 involves a procedure by which any dififerences arising in the press- room which can not be settled by the foreman, shall be referred to the Publisher, and that appeal may be taken from his decision to a Joint Standing Committee whose decision on any issue shall be accepted. This is clearly a provision operating against possible' injustice and protecting any employe from injustice. In the con- tract which we propose, a Joint Standing Committee shall be insti- tuted, composed of two representatives of the Publisher and two representatives of the Union, to which Committee shall be referred any issue arising which cannot be settled satisfactorily by the foreman. Determination of Point 10 involves the principle th,at pending settlement of any controversy that may arise, work shall continue in accordance with the contention of the Publisher without inter- ference or interruption, and in a regular and orderly manner. The meaning of this provision is that should the Union or any individual employe take exception to any action of the Publisher or of the foreman as his representative, such action may be reviewed by the Joint Standing Committee and reversed by the Joint Standing Committee, should the fact be developed by evidence that such action was not warranted. Control of his pressroom operation by the Publisher carries the right to control the actions of men en- gaged ^n operation, and should any action of his be questioned, 380 conditions existing prior to such action should not, and would not, under this provision, be restored, pending determination of the merits of the issue by the Joint Standing Committee. Objection to this provision would presuppose injustice on the part of the Publisher, and such objection could not be sustained. The crux of the entire issue before your Honor is the right of the Publisher to control his operation as necessity demands and without hampering restrictions, with due consideration to the health and strength of the men. The Publishers contend in Point 12 that the contract must provide that the Foreman may or may not be a member of the Union; and if a member of the Union, he mtfst be free from any liability of discharge, discipline or domination — directly or indi- rectly — by the Union, while acting as Foreman in the carrying out of the contract. The contract is between the Publisher and the Union — not between the Foreman and the Union. In the execution of the contract, the Foreman, appointed by the Publisher, is solely the agent of the Publisher on the spot. On the other hand, the Union Chapel Chairman, in that capac- ity, chosen by the Union, is solely the agent of the Union on the spot, to see to the proper execution of the contract. All the responsibilities of these representatives or agent? as such, run uninterruptedly back to their respective principals only — and nowhere else. This single purpose of the Chapel Chairman to enforce this contract as the Union understands it, without the imposition on liim by the Publisher, of a single condition outside the contract, must be countervailed by like freedom to the Foreman to enforce it according to the understanding of his principal, the Publisher, without the imposition on him of the network of rules, regulations and obligations made for the members of the Union, without the knowledge of the Publisher, and subject to change from time to time, even without his knowledge. It is repugnant to all legal conceptions that, in his agential capacity, either representative should be dominated by or owe either a secret or a known, allegiance to the other's principal. 381 It is bad faith that either agent, acting as such, should be restricted in his honest, free judgment by any limitation not in the contract itself nor in the law of the land, even if they are imposed on him by his own principal. It is immeasurably more unjust and unmoral that such curtail- ment should be imposed on one of the supervising, executing agents by the principal of the other. The administrator or executive agent (and the Foreman under the contract takes on the characteristics of both), is everywhere held to something more than good faith, — even to superabounding faith. ' , i To quote Chief Judge Ruger, New York Court of Appeals: "It is an elementary principle that an, agent cannot take upon him- self incompatible duties, and characters, or act in a transaction where he has an adverse interest or employment . ... In such a case he must necessarily be unfaithful to one or the other, as the duties which he owes to his respective principals are conflicting,, and incapable of faithful performance by the same person. . . . Such conduct is violation of the plainest principles of morality and fair dealing, andj. cannot be sustained by a court of justice." In another case, the United States Court of Appeals, 1st District (Munro vs. Smith), said: "It is a principle universally- recognized, as founded not only on common business morality, but on a sound public policy, that persons. who act in a representative capacity, whether styled execu- tors, administrators, trustees or agents, are not permitted in the performance of their duties to put themselves in a position antasjon- istic to the interests of those whom they represent." Judge Manton: Will you just stop there a minute? I want you to answer this, which is running tlirough my mind: In your cftntractS in the. past,' what was said as to the duties of the fore- man ? That is very general. Let me put it more specifically : Was anything said in your contracts as to the duties of the foreman as to whether he stands in the dual capacity, representing first the employer, and secondly the Union? Mr. Wardman : No, nothing is said about it. Judge Manton: Is there anything said as t& his obligation 382 to secure the men, or keep the men working, or to discharge men? Mr. Wardman: We have the contract right here. Judge Manton: % have a copy of it. Mr. Wardman: It is very brief. Judge Manton.: Is that it (indicating) ? Mr. Simons: Yes, that is ours, I think. Mr. Wardman: Is that yours? Mr. Simons: I think that is ours. Mr. Wardman: The provision is in there. It is very brief, and, as I recall it, we should have one here. It is very brief. It runs something like — that the foreman shall be the proper person. I am not quoting literally — to whom application shall be made. Have you a copy? Mr. Kreitler: Here it is (indicating). Mr. Wardman: That is it — "to whom application shall be made for employment." The way the language works out, — I do hot suppose there are any two offices where the thing works out exactly the same. A good deal of this thing has grown through the years. ' Judge Manton: Now, whatever it may have been in the past, it is your desire in both, that you want me to settle that now? Mr. Wardman: De novo. This whole thing in this agree- ment, we come before you to arbitrate all points, and we want to start. just as if there was not a Union — I am speaking now from the point of view — just as if we never had anything before with them, but that the Union begins today, so far as this contract is concerned, and we begin today, so far as this contract is concerned. We never existed before, and no contract that has existed in the past has the "slightest thing to do with the contract we are asking you to make for us now. We are asking you to make a contract which is right to both sides, based on the facts that we submit. Judge Manton: You will recognize that the contract of the future is always largely based upon the practices of the past. Mr. Wardman: That would be very unfortunate if you com- 383 plied with all our friends want, if you go to that extreme, you might get a very bad opinion of that if you based a contract for the future on the past. Judge Manton: I mean by that the relations which existed between the master and the servant in the past, Mr. Wardman : The whole trouble about the foreman, I might say here, that of course we have no thought, nobody has any thought that any one of these union foremen would be replaced that was competent and fit; that the sole idea that we have in this matter is to prevent these men from being executed by the simple process of taking away their cards. When the Union can take away a foreman's card of membership in the Union, or threaten to take it away — Judge Manton: That makes him subservient. Mr. Wardman: He loses his job. Judge Manton: So long as the threat is standing over his head, you think it makes him subservient? Mr. Wardman : And the contract provides that he must be a member of the Union. What we want to do is to make it so cer- tain that if they take away his card,_ the man would stay there for doing his duty to us, let them do to us anything that ought to be done to us, but he is merely our agent. Judge Manton : What becomes of your recognizing the Union and making your contract with the Union? Mr. Wardman : That is the point that we have debated among ourselves, to be perfectly frank, that if we make a contract with the Union, and, of course, if the man is within the Union, there you are; but there is no reason why the foreman should be in the Union if they take his card away from him. They do not dispute the right to put a superintendent down there. Our objec- tion to the superintendent is that he can not give orders. Judge Manton : You think that the Union ought to have charge of the question of membership in determining that? Mr. Wardman: Their members by all odds — certainly. Judge Manton: Think of it from that point of view. 384 Mr. Wardman: We want to try to get that. Judge Manton: If they pass upon the right of a man, a member of the Union, they must apply some rules which are fair and just and equitable. They can not arbitrarily do so because a man won't carry out a rule that is obnoxious to the employers,, say, you can not belong to the Union, we take away your card, and, therefore, we take away your place of employment. That would be unjust. Mr. Wardman: That is what we want to avoid. I want to say a great deal depends on the Chapel Chairman and on the President of the Organization. I can give you an example of my own that dates back some years where it was all perfectly clear. We had a case in the pressroom of a man whom we all loved. We had him a great many years. One of the gentlemen present here was one of the persons with whom I had the controversy, and he will substantiate, of course, everything I say. This man was in charge of a press. He became incompetent to be in charge cf a press through a very serious illness. We could easily have gotten rid of him entirely, because it would have been very simple to prove that he ought not to be in charge of a press, or that he ought not perhaps to be even on a press. We did not want to get rid of him. We all loved him and wanted to take care of him as long as we could. The man was demoted. He was taken from being in charge of the press and put on the press, and the Presi- dent of the Union thought — and he was a very persuasive gentle- man — that he should not be demoted, he could not be demoted, and we argued the point for many weeks. We even went into a long correspondence. We will say in the end, he was demoted, but they challenge the right of the office to demote the man. That is the sort of thing. The foreman practically disappeared in this controversy. That is the sort of thing that we want to establish, and that we have the right to determine whether these men are competent or not competent, and if we are wrong it goes before this Court, this judicial body of two on each side to decide. We do not ask any unlimited power of life and death. Then we ask that the foreman be freed from this terrorism of a bull- dozing Chapel Chairman, or a bull-dozing — if they have ore — President of the Union. It has been submitted here that the pres- ent President of the Union threatened to take some foreman's card away from him for something that he was doing. I do not know 385 that a thing like that ever happened in my office. I doubt very much if it ever could happen in my office, because I think that we would not stand for it, but that is a power that is obvious, that when the foreman must have a card to be in the room and the card can be taken away from him — Judge Manton: Does this tribunal of four pass upon the reasons that are advanced for the discharge of a man? Mr. Wardman: It passes upon the whole case. Judge Manton: And then that is binding? Mr. Wardman: Yes. I must say this tribunal of four has grown up since I had my little controversy there in -the case I ■mentioned. Judge Manton: A*ll right. Mr. Wardman: That would have gone — Mr. Simons: I do not like to interrupt — Mr. Wardman: We want you to. Mr. Simons : I would like to know whom the foreman is that Mr. Wardman refers to, the foreman that I threatened to take his card away from? Mr. Wardman: I can not answer you. Mr. Simons : I wish you would get the information. Mr. Wardman: Yes, I mean the information must be in the office. Who prepared this? Mr. Simons: I would like your Honor to know. Judge Manton : You give him the name so that he may answer it in his argument. Go right on ' now. Mr. Wardman (Reading) : To the intelligent friends of Union labor, its insistence on this manifest inconsistency here has been a most regrettable blunder. It will be a true service to cor- rect this error, and will take the Union from under rhe deluge of judicial and popular denunciation for unfairness and practice not in accord with good morals. In its own true interests, it must not be permitted to make a contract and then terrorize the executant for the other party into apathy by discipline or threats of discipline 386 both within and without the terms of the contract, or extinguish him or his line of successors, one after another, by the simple device of notifying the other party to the contract that the Fore- man's Union card has been cancelled. They may say, "You can appoint a superintendent over the Foreman." This is enforcing economic waste and, consequently, inadmis- sible; and as a remedy, offers no hope of cure. It is the Foreman from whom the men take orders, and from him only. It is he wha is in direct contact with the work. It is not required of the Publishers elsewhere, and should uot be required here, with so poor a purpose in view as the main- tenance of an immoral, generally condemned, practice. This is one of the fundamental wrongs in the relationships of the industry here. Even if it had thq warrant of a parallel in every Pressroom contract in the country, it is so contrary to the elementary princi- ples of justice and common business morality, that it should be uprooted. It is an evil growth. In our discussion, it was brought out that some years ago, the Typographical Union set on foot, a movement to cut this criss-cross relation, because they themselves; apprehended in it, a danger to their own welfare. The foreman of all the offices represented here are now Union members, and we have the assurance that in no single instance is there an intention of changing. But neither this existing condition, nor this assurance, nor the history of the relationship, rectifies the wrong. As long as he is a member of the Union, without the protection asked, he is liable to harassments, trials, discipline, removal from the Foremanship and complete discharge. As long as the Publisher is without the alternative 'right to appoint any competent man. Foreman, or pro- tect his Foreman from attack, outside the contract, hei is liable to be told that the representative of his own selection cannot repre- sent him in carrying out his contractual obligations. As it now stands, the Publisher has no guarantee of. a day's security against the outrage of unreasoning radicalism, which estab- 387 lished Union government has so frequently expressed! itself as distrustful of its power to control. We are informed that in Cincinnati, this ver)' thing recently happened. An office having a tried and satisfactory Foreman, was notified that they must discharge him for the reason that his card had been withdrawn, — a procedure in which" the office had no voice. On failing to discharge him, a strike was inaugurated, but subsequently abandoned. . « We ask that all this be corrected, and believe that the radical correction, of benefit to both Union labor and the employer, is best secured by the alternative proposed, — viz : that the Foreman may or may not be a member of the Union; and if a member of the Union, he shall be free to serve to the best of his ability, the principal he essays to serve, and not two masters, whose interests are so divergent that twelve months' negotiations have failed to reconcile them, and a contract, called by Herbert Spencer, "Elabor- ate expression of mutual distrust," must now define them. We respectfully ask that a contract on the plain rights of both parties, be imposed on us by the Court, and not a contract of com- promise. Herewith, we submit Exhibit 4, from a survey of contracts made since this controversy opened, extracts bearing on the char- acter, powers and duties of Pressroom Foremen in other large cities. Any later exhibits will be accepted. In many instances, no mention of his Union membership is made. In other instances, when the contract is not explicit on this point, provisions appear, however, protecting him from Union fines and discipline. It is our belief that in nearly all instances, the foremen con- tinue either active or inactive Union connections, the condition having spread out from this city where for so many years this fundamental wrong has been allowed to rest at the bottom of an increasing pile of bad Pressroom practices, against which the un- paralleled Owners' protest of February 22, 1921, was finally made, culminating in this arbitration,, January 23rd, 1922, when its cor- rection, with that of other reprehensible practices, is sought. 388 Point of difference No. 13. FIXING THE NUMBER OF HOURS WHICH CONSTI- TUTES A REASONALBLE DAY'S OR NIGHT'S WORK. This point arises under the second broad principle of the Owners. "A SHIFT OF WORK NO LESS IN LENGTH THAN THE NUMBER OF HOURS , GENERALLY ACCEPTED AS A DAY'S OR NIGHT'S WORK (1) IN INDUSTRIES OTHER THAN OUR OWN, (2) AND IN OUR OWN, IN LARGE CITIES OTHER THAN NEW YORK." (1) President Wilson in his message to Congress, August 19, 1917, said : "The eight hour day now undoubtedly has the sanction of the judgment of society in its favor and should be adopted as a basis for wages where the actual work to be done cannot be completed within 8 hours." Shortly after receipt of the President's message Congress en- acted the Adamson law, which provides that "Eight hours shall, in all contracts for labor and service, be deemed a day's work and the measure or standard of a day's work for the purpose of reckoning the compensation for services of all employes," "" In discussing the relation of the reduction of hours to unem- ployment Mr. Lloyd George pertinently said : "There is a theory that one way of providing employment is by reducing the hours of labor, so that there will be enough work^ to go round at the same wages. Reduce the hours of labor to what is legitimate and what is fair and possible, but to reduce them merely to create employment for exactly the same waj^e is the one way to make unemployment over the whole country. I should have thought that that stood to reason; it is really so elementary. It increases the, cost of the particular commodity, which a trade is pro- ducing. If you put up the price you diminish the purchasing capac- ity, and if you diminish the purchasing capacity, you diminish employment. You may by this process gain something which looks like a big wage, but in the end you increase the cost of everything." 389 After the passage of the Adamson Act, approximately one mil- Hon railroad employes were paid for their services on the "meas- ure or standard" of the eight hour day. Article II, Section 3, of the New York State Labor Law says : "Eight hours shall constitute a legal day's work for all classes of employes ni this State except those engaged in farm and domes- tic service unless otherwise provided by law. This section does not prevent an agreement for over' work at an increased compensa- tion. . . ." Section 5 of the Labor Law provides : "Ten hours, ex- clusive of the necessary time for meals, shall constitute a legal day's work in the making of brick in brick yards. . . ." Section 6 provides: "Ten consecutive hours' labor, including one-half hour for dinner, shall constitute a day's labor in the operation -of all street, surface and elevated railroads, of what- ever motive power, owned or operated by corporations in -this State whose main line of travel or whose routes lie principally within the corporate limits 'of cities of the first and second class." Section 7 provides : "Ten hours' labor, performed within twelve consecutive hours, shall constitute a legal day's labor in the opera- tion of steam surface, electric, subway and elevated railroads oper- ated within this state." HOURS IN OTHER INDUSTRIES : From National Industrial Conference Board Report No. 27, March, 1920, on Hours of Work Problem in five major indus- tries, we find:' In the Cotton industry, number of hours worked weekly is 54 Woolen industry, number of hours worked weekly is 50 to 54. Silk industry, number of hours worked weekly is 48j'2 to 50 Boot and shoe industry, number of hours worked weekly is 48 to 49^4. Metal industry, number of hours worked weekly is 48 to 55. In none of these industries is any less than eight hours re- garded as a day's 'work. Building trades 8 hours daily. 390 Wood manufacturers 8 hours daily. Chemicals, oil and paint 8 hours daily. Hours of labor in industries other than our own as shown by Bulletin No. 286 of the U. S. Department of Labor issued Sep- tember, 1921, particularly those industries in New York City. Page 69 — Bakers, 8 hours. Pages 78-125 — Building trades, 8 hours. Pages 125-141 — Chauffeurs & Teamsters, 9-10 hours. Pages 149-180— Metal Trades, 8 hours. Pages 180-182— Mill Work (wood), 8 hours. Pages 180-244 — Printing & Publishing, 8 hours. Pages 244-257 — Theatrical, 8 hours. Now, follows in the brief here a series of tables of Unions employed under contract by New York daily newspapers. It shows the craft, the day hours, the night hours, the Saturday hours, the shift hours for the day, and the shift hours for the night and the wages for night work. Do you understand the shift hours? Judge Manton: Will you please tell me what they are. Mr. Wardman: In most newspapers in most Cities, the prac- tice is, we will say, to have an eight-hour day, or whatever the day is, within certain hours. One City locally, a man will be called in at a certain time and another city will call them in at another, and within those cities each newspaper calls at the hour which suits it best. It must be eight hours, and it must be a con- tinuous eight hours for instance. In this city we call men for nighti work at 12 o'clock and the day ends at six in the morning. In most of the other cities, you may call the men at any time. I think in the majority of cities that will all be brought out here what the percentages are. We call the man at any time between 7 and 7 say. The day will be divided into 2/2-12 hours, 7 in the morning till 7 in the evening, vice versa. There will be variations from that. Some will be eight in the morning till six at night, or eight at night, whatever it may be. Here we have the night hours whicE are from 12 to 6. I may say in passing that that night hour is a fiction in our case. In the old days it was a sufficient lee-way to get out the 391 papers. The mail trains all started later; the great bulk of our local delivery -was below Murray Hill, except on the East Side; and now, of course, we have to deliver 20 miles north of that in the city. In! the same way, in Brooklyn ; and by the same token, if you have to start earlier and come down here to get away up there (indicating), the man who is going to his work there, ha? to start earlier. The man who lived below 23rd Street, when I was a youngster in the ''business,, he got to his office down-town in 15 minutes, even with the old bob-tailed horsecars, or even if he walked, say he could leave his house at quarter of eight; to get to his 'work by 8 o'clock; but the man who lives away up in the Bronx, or away down in Coney Island now, and has to drive in, he leaves his house at 6 o'clock or 7 o'clock to get to his business at 8 o'clock, or half past 7, or 7 o'clock, and correspondingly later. We have got to start earlier, and he starts earlier so that it works against us in both ways. In addition to that the mails have been set back on us. The mails used to amble out conveniently anywhere from 2 o'clock to 6 in the morning, and the Government came along and pushed them back, and the war pushed them back some more, ^nd the 6 hours, which was a growth — it grew up because we did not need any more than six — there was not anything to print after 6 o'clock, and the six hours became a fiction. It is just as if you said to a man in jail fori life: Here is a theatre ticket, a ticket for a darned good show. I hope you enjoy the performance. The man has got the ticket and he has, a good seat, but he can not use it. We can not use this time between 12 and 6 o'clock. One paper will have to £;o to press at 11 o'clock. Another paper will have to go to press to fit this kind of circulation and the territory it has to reach, say at 10 o'clock instead of 12. Another paper may go to press even at 9 o'clock. We all have to stop long before 6 o'clock. The mails are done. Our deliveries are done'. I was Chairman of a Committee three years ago to see what could be done to get the newspapers to complete their deliveries to the News companies here in this city before 4 o'clock, because it held back the delivery. We gav« our papers to the American News Company — you have probably heard of that? Judge Manton: Yes. 392 Mr. Wardman : And the American News Company would wait for the late Times or the late Herald, or the late whatever it happened to be, and would get to these outlying points after all the people had started for their work, and the papers were sent there for. them and were not sold. Finally we adopted the arbitrary rule that the wagons started at a certain time, and God help the newspaper that was not ready at that time, and the biggest howl that there ever was in the busi- ness went up over that, as they had to have supplemental deliveries and all kinds of things,' so that these lost hours are an absolute fiction. Judge Manton: How many hours a day. Mr. Wardman: At night. The hours in the day are eight hours. Judge Manton: In these hours, what do you call "fiction" or lost time? Mr. Wardman : The lost time at night. Judge Manton: What hours are they? Mr. Wardman : The hours are from 12 to 6. You must have your six hours between 12 o'clock — the presses start. That is ■on regular time and you could run to six in the morning, if you want to ; but as I say, you can not use that theatre ticket. It is no use to you — ^the mails have all gone and the wagons have all gene. Judge Manton : What happens in that time, do you pay the men? Mr. Wardman: You pay the men. Here is exactly what happens ; the point I want to illustrate : The paper has to start, your Honor, at 10 o'clock at night. It has got to. That is the cnly way it can meet its convenience. Judge Manton: It is put through at 12? Mr. Wardman: No, because it starts at 10 o'clock, instead ■of as! in other cities, because it starts regularly at 12. It has to pay overtime from 10 o'clock to 12. Therefore, it pays an over- time of time and a half. Therefore, it pays half a day's wage for the work done from 10 to 12 o'clock. Now, that paper then has to pay a full day's wage from 12 o'clock on, although it may stop its presses in three hours. 393 Judge Manton: Is that what you call the shift hours? Mr. Wardman: No. The shift hours is the space. Judge Manton: Before you get to that, let me get this in my mind. This time between 10 and 12 that you pay time and a half for — • Mr. Wardman : That is overtime. It is because it is with- out the shift. If the shift were 10 to 4 in the morning- Judge Manton: You want to correct the hour, is that the idea? Mr. Wardman: We want to correct the shift. All the other cities have different shifts. If it starts 8 hours from 10 to 6, all right — the latter part would not do any good. Another paper may want 11 to 7. Judge Manton: In other words, you want to start the shift at a different hour? Mr. Wardman : Whatever hour you need. Judge Manton: You want that determination, when they start the shift with the newspapers? Mr. Wardman: Absolutely. It is universal all over the country. Judge Manton:^ That is what I want to understand, Mr. Wardman : We started — our day begins on the night papers at 12-o'clbck, and it ends at 6 o'clock in the morning. The result being that many newspapers, not all — I won't say all nor many,^ I will say several-^that several newspapers, let me make the -point clear, any newspaper that h^s to call men at 10 o'clock must .pay the overtime, because it is without the shift, and that is half a day's pay for that. Then, they may shut down in three hours, and they still have to pay a night's work, because those men were called from 12 to 6, so they will pay a day and a night's time for five hours' work. : Judge Manton:. Yes. Now what you want to do is what? Mr. Wardman: What we want to do as we will set forth later, and it is set forth in our points of difference, which we want, to cut the day in half,, as most newspapers do. We want to have a day from 7 to 7. 7 in the morning to 7 in the evening for day work ; .394 7 in the evening to 7 in the morning for night \york. That does not mean either that you shall not fix the hours. We ask you to fix the hours and that is, as to how much time the men shall work in that time. Judge Manton: But each newspaper wants to feel free, tis I understand your argument, to fix the eight hours then, within that 7 to 7? Mr. Wardman : Withiri that tirne. Judge Manton: Now, that I understand is not what you are permitted to do now. Mr. Wardman: No. In the day time, yes, within limita- tions. At night time we are in a rigid straightjacket. From 12 o'clock to 6, the end of which we can not use. It is of no value to us. Judge Manton: I thought I understood what shift hours were. Would you mind tell me what your idea is? Mr. Wardman : The shift hours are any given time in which you pay your eight hours day's work. It will be different on one paper from what it would be on another, because some papers — Judge Manton : I did not understand that. Mr. Wardman : Have I made it clear now ? Judge Mantbn : You have made it clear now. Mr. Wardman: I would like to say here, I am sure, on hehalf of both sides, that a- good deal of the language we use prob- ably won't be English to you, because we use the vernacular — and just call us down whenever we talk terms that do not mean any- thing to you, because it is very foolish of us not to realize that no- l)ody else does understand it. Now, these shift hours on this table — I do not think I will undertake to read them because they prohably Tvon't convey anything. Judge Manton: What would you think would be most serviceable for the majority of the nev^spapers in New York as to •shift hours? Mr. Wardman: You can not very well figure it on the Ijasis of the majority of the newspapers. One newspaper will want one thing, and another, another, and it is as vital to one newspaper to have what it needs for its peculiar kind of work. 395 ; Judge Manton: Can it be fixed within the 12 hours, so as to accommodate all? Mr. Wardman: Undoubtedly. Judge Manton: That is, the selecting of the hours 7 to 7, or 6 to 6. Mr. Wardman: Undoubtedly. That is practically the uni- versal custom. There are little variations from that 7 to 7 for day work and 7 to 7 for night work. Judge Manton: All right. Mr. Wardman: And another thing I should say that no- newspaper, no management should be permitted to make a working day that is not more or less fixed. It is perfectly obvious that if men are in the habit of coming at 11 o'clock at night that they ought to have due and reasonable notice before that shift hour is changed,, either to 12 o'clock or 10 o'clock, it does not make any difference, much because the man's family arrangements are built upon regu- larity. There is no particular hardship so far as the newspaper busi^ ness is concerned in having a day's work begin at any time. We- are all used to that; but a man does not want his day to begin at 7" o'clock one day, and he does not want to go to work at 7 o'clock one day and 3 o'clock in the afternoon the next day. That is not fair to him. Whatever you decide in this matter, you should say that when an office adopts a day's work for the night paper, we will say, from 11 o'clock at night or 10 o!clock at night, to such and' ifiich an hour in the morning, that that must be maintained until due notice has been given in advance, so that a man's household arrangements can be kept up. Judge Manton: If that were decided, a fixed time in ad- vance shoilld be given to the men? Mr. Wardman: Exactly. They should be protected. Judge Manton : All right. Mr. Wardman: NowTthis table that we have here, I do not think I will undertake to read unless you desire me to. Judge Manton ; I do not think it will be necessary. I caa follow it. I. have to study it any way. Mr. Wardman: You will have to study it, and everybody 396 else here is familiar with it ; and I will say I want to say here in all frankness that while this argument is made for 8 hours a day, and 8 hours at night, that it is recognized throughout the business in this- city that there is a differential of some nature to be imposed as be- tween day work and night work. We concede, without the slightest question, that night work is less desirable than day work. Some men prefer it; but the average man does not, and his family never does. His family always want the day ; so the differential is worked out in very many ways as we will show you later here. Some cities which have eight hours of work at night, and eight hours of work a day, a good many do not have any difference in pay, but some of them have a little bigger rates at night. In our own Typographical Union here, wepay $3.00 more at night for an eight-hour night than we do in the day for the 8-hour day. Judge Manton: Is there any volunteering of the em- ployes from day to night? Mr. Wardman: They do not often do it; they do not have to. Judge Manton: Is that voluntary? Mr: Wardman : In this particular Union, I think there is a great deal of it. Mr. Simons : It is voluntary. Mr. Wardman : It is usually by agreement, is it not ? Mr. Simons: That is, so far as the men are concerned, it is forced upon them by the Union. Judge Manton: There is a difference in pay now, is not there ? Mr. Simons : No. Mr. Wardman : But the differential is taken up in various ways in various cities, and even in the crafts here, and. in th^ crafts here in the Typographical Union, as I say, we have the same number of hours of day and night, but we have $3.00 more pay a week for the night man. In several cities in the Union, it will be less than $3.00. It will be $2.00 or $1.00. I find one place where they get 50 cents. On the other hand, I find another city where it was $5.10, I think it was, the differential. The thing is recognized right here in the shorter hours at night. If you do not have more pay, you should have fewer hours at night. 397 Judge Manton: How does the number of men employed id night compare with those in the day? Mr. Wardman: Not so many, I should say. Judge Manton : At night ? Mr. Jones : Except on Saturday night. Mr. Wardman: Except on Saturday night, and' then the whole shooting-match comes, of course. Mr. Simons: It is about 50/50. Mr. Wardman : Counting in Saturday night. Mr. Simons: About 50/50. Judge Manton: All right. Mr. Wardman (Reading) : WORKING HOURS OF UNIONS employed under contract by New York Daily Newspapers. DAy NIGHT DAY NGT. SAT. shift hours shift hours WAGES CRAFT hrs. hrs. hrs. j.m. to p.m. p.m. to a.m. for night work Printers 8 8 8 8—6 6 — 3 $3 above day rate Sat. 4—3 Stereotypers 8 8 8 8 — 7 9 — S , same as days Sat. 7-5 Pressmen 8 6 8 8 — 7 -12 — 6 same as days Sat. 6—5 Mailers 8 7 8 7—7.30 9—8 $2 above day rate Fri. 8 Sat. 5—8 Deliverers ...8 7 8 7 — 8 Pub. option Routemen same wage Fri. 8 Drivers $3 above day rate Photo-Engrv'g 7 1/3 6 2/3 8—6 6—8 $5 above day rate Sat. 4 — 8 PRESSMEN'S WORKING HOURS in 36 principal cities including New York. The arrangement is ac- cording to their population as shown in the 1920 Census Reports. DAY NIGHT DAY NGT. SAT. shift hours shift hours WAGES CITY hrs. hrs. hrs. a.m. to frm. p.m. to a.m. for night work New York 8 6 8 8 — 7 12 — 6 same as day Chicago 8 7 9 7 — 7 7—6 52 a wk. above day Philadelphia 8 7 9 — — same as day Detroit 8 7 8 7 — 7 7^7 same as day Cleveland 8 7 8 — 6 8 — 6 same as day Sat. 5—6 St. Louis 8 7% 8 - — 6.30 * — 8 same as day Sat. 9—5.30 Boston 8 6 .. 8.30 — 5.30 11 — 6.30 same as day Baltimore 8 7 .. 7—7 7 — 7 $2 a wk. above day Pittsburgh 8 8 8 7 — 6 8.50 — 8 same as day Los Angeles 8 7 8 8—6 9—8 $2 above day Buffalo 8 8 .. . $3awk. above day San Francisco 8 8 8 6 — ^6 6 — 6 same as day Milwaukee 8 8 8 7 — 6.30 8—6 $3 a wk. above day "Washington 8 8 8 8 — 6 8 — 6 10% above day "Newark 8 6 8 8 — 6 12 — 6 same as day •Cincinnati 8 8 8 7 — 6 8^< $3 a wk. above day ^ew Orleans 8 8 8 — ^ — same as day Minneapolis 8 7 8 8 — 7 8 — 6 same as aay 398 DAY NGT. CITY hrs. hrs. Kansas City 8 8 Seattle B 7 Indianapolis . ^ S 8 Rochester, N. Y 8 8 Portland, Ore 8 7% Denver, Colo 8 8 Toledo, 8 6 Providence 8 7 Columbus, 8 8 Louisville 8 7 St. Paul 8 7 Akron, 8 7 Atlanta 8 8 Omaha 8 7% Worcester, Mass 8 7 Birmingham 8 8 Richmond, Va 8 8 Memphis, Tenn 8 8 Binghamton 8 8 Bloomington, 111 8 8 Brocton, Mass 8 Canton, 8 8 Uayton, 8 S Danville, 111 8 8 Davenport, Iowa .8 -8 Des Moines, Iowa 8 8 Dubuaue, Iowa 8 8 Ft. Smith, Ark 8 8 E. Liverpool, 8 8 El Paso, Tex 8 8 Ft. Wayne, Ind. 8 8 Ft. Worth, Tex. 8 8 Fresno, Cal 7% 7% GreenvUle, S. C 8 8 Lincoln, Neb 8 8 lanchester, N. H. ...8 8 Joplin, Mo 8 8 Lowell, Mass 8 7 Madison, Wis 8 8 Mobile, Ala 8 8 Moline, 111 8 8 Muncie, Ind 8 8 Nashville 8 8 New Haven, Conn 8 7 Pawtucket 8 7 Fensacola 8 8 Portland, Me 8 8 Paterson, N. J 8 8 Pittsburg, Kas 8 8 Reading, Pa 8 7% Rockford, 111 8 8 Rock Island, 111 8 St. Joseph, Mo 8 8 San Antonia 8 8 San Diego, Cal 8 8 Scranton 8 7 South Bend ^...8 8 Sacramento, Cal. ..... .8 8 Sioux City 8 8 Springfield, Mass 8 8 Springfield, 111 8 8 Shreveport 8 8 Stockton, Cal _ . 8 / Tacoma 7 7 Terre Habte 8 8 Trenton, JJ. J 8 8 -Tulsa, Okla. .,- 8 7% Tucson, Ariz 8 7% Waterloo,' Iowa ^ 8, 8 Wichita Falls 8 7 Youngstown,' 8 Population range : From New York. . . To Memphis From San' Antonio, To South Bend SAT. hrs. S DAY NIGHT shift hours shift hours a.m. to p.m. p.m. to a.m. 8—7 9.30—7 Sat. 7—7 7—7 7—7 7—7 6—6 8—8 7—7 9.30—5.30 6—6 8—7 8—8 10^.3(1 Sat. 8 — 4.30 9.30—7 6—6 8—6 hours named by foreman 6—6 6 — 6 8—6 10—7 7—7 6—7 7—7 7—7 8.30—5.30 9—6 9—6 7—7 9.30—7 8—6 — 7—7 7—7 7—7 7—7 8—6 12—8.30 fixed by agreement 7—7 7—7 7—7 7—7 8—6 9—7 *— 6 — 9—5 9.30—5.30 7—7 7—6 8—8 8^6 9—5 7.30—6.30 7—7 7—7 8—7 8—8 7—8 8—6 6—6 7^5.30 6—6 11—6 12—7 8—8 6—7 10—8 10—6 7—8 7—7 7—7 9—7 8—8 8—8 8—5 6—6 7—5.30 6—6 WAGES for night work - $1% a wk. above day $3 a wk. above day $2% a wk. above day $3 above day $1% a wk. above day- same as day same as day same as day . $1% a wk. above da; same as day same as day same as day same as day same as day same as day same as day $5 a wk. above day 60c a wk. above day $3 a wk. above day- same as day same as day same as day same as aay same as day $1% a wk. above day same as day same as day $1% a wk. above day same as day $2^ a wk. above day same as day $1% a wk. above day $2 a wk. above day same as day same as day same as day $2 a wfc. above day same as day same as day same as day $4 a wk. above day same as day same as day same as day same as day same as day $3 a wk. above day same as day. $1% a wk. above day $3 a wk. above day .5,620,048 . 162,351 , 161.379.. . 70,983 399 $3 a wk. $3 a wk. $3 a wk. $1 a wk. $3 a wk. $2 a wk. same os same as $3 a wk. same as same as $3 a wk. $3 a wk. same as same as same as $1 a wk. same as above day above day above day above day above day above day day day above day day day above day above day day- day day' above day; day . , (Reading) : Quotations have been made from the "hours of work" provisions in eighty-nine (89) current pressmen's contracts in eighty-nine different cities. The provisions of the contracts have been analyzed, compared and tabulated and are presented in two Tables. Table No. 1 shows the working hours in thirty-six (36) prin- cipal cities arranged in order of their population in 1920. Table No. 2 shows the working hours in fifty-three (53) small- er cities. These cities are alphabetically arranged. You will find the quotations in our Exhibit No. 5. A DAY'S WORK With the exception of Fresno, California (7^^ hrs.) every one of the contracts in the eighty-nine (89) cities called for eight hours as the number of hours constituting a day's work. A NIGHT'S WORK There is a variation in the provisions for night work ranging from the full eight (8) hour night to a night of six (6) hours' work. 54 cities contract for 8 hours. 6 cities contract for 7j^ hours. 22 cities contract for 7 hours. 4 cities contract for 6 hours (New York-Newark-Boston- Toledo, Ohio.) 3 cities have no contracts for uight work. 60% of the cities have the eight hour night ; 25 % the seven hour •night; the remaining 15% have either the 7^/^ hour night, 6 hour night, or no contract for night work. This variation of night hours has its effect on wage scales, as we will show, and is "an imporant wage consideration. WAGES FOR NIGHT WORK While eight hours is generally adopted as constituting a day's work, the night hours vary from eight hours to six hours. This va- riation is on account of an extra reward to the worker for working nights. This reward is made in two ways (1) by shortening the hours worked at night or (2) by paying a higher wage for night work. In a few instances, contracts provide for both shorter hours 400 and a higher wage. Hence, in tabulating the hours for night work, it is necessary to take into account the higher wage paid for such work as well as the shorter hours. Judge Manton : Right here, Mr. Simons, do you find that in order to get the men to work at night, to volunteer to work at night, it is necessary to give them more money or shorter hours? Mr. Simons : It is necessary, your Honor, from experience that I have with the men to force them to work, even under the present hours. I have got a list of a couple of hundred applications for men that want to w»rk day time, and I can not get anybody to go night time. You have got to actually force them, or threaten them with charges, and things like that, in case you need any men at night. We have to draft men throughout. We actually drafted them during the war. Judge Manton : Is it any different now in these days ? Mr. Simons: Yes, a little bit — quite a bit at present. Judge Manton: What is your judgment about that? Mr. Wardman: I do not know. The newspaper business is a peculiar business. Some of the men want to work nights, and some of them want to work days ; but I should say, after hearing Mr. Simons' experience, if that is his experience, that more men want to work days. That would be better in my judgment. In my office I think they rather work night in my office, don't they ? Mr. Simons : From my experience they do not. Mr. Wardman : It is easier work at night than day. They go much faster chp and harder clip in the day time than in the night, so I think they like the night work for that reason. Judge Manton: all right. Mr. Wardman (Reading) : An analysis of the tables gives a clearer understanding of the several methods by which the night pressman is rewarded more for his work than a day pressman. SUMMARY The hours constituting a night's work and the extra compensa- tion for night work in all of the eighty-nine cities may be summar- ized as follows : 401 27 cities — 8 hour night — no extra compensation — same wage as day 13 cities — 8 hour night — compensation $3 a wk. more than day wage 3 'cities — 8 hour night — compensation $2 a wk. more than day wage 4 citieS^8 hour night— compensation $1.50 a wk. more thari day wage 7 cities — 8 hour night — compensation $5 to 60c more than day wage 3 cities — 7% hour night — no extra compensation 3 cities — 7^ hour night — compensation $1.50 a wk. more than day wage 16 cities — 7 hour night — no extra compensation 2 cities — 7 hour night — compensation $3 a week more than day wage 3 cities — 7 hour night — compensation $2 a week more than day wage 1 city — 7 hour night — compensation $1 a week more than day wage 4 cities — 6 hour night — no extra compensation 3 cities — have no night scale. 89 total cities. The Newspaper Owners stated to the Union in writing that "We are wiUing to recognize the disadvantages of night work by paying more for eight (8) hours of night work than for eight (8) hours of day work." For the purpose of wage payments, the twenty-four hours of the day are divided. The contract should say when the hours for day work shall begin and end and when the hours of night work £,hall begin and end. This division in our industry — is generally termed "shift hours."i From the facts we have collected you will find: 402 DAY SHIFT HOURS Thirty-four of the cities, particularly the smaller ones, have lio mention in their contracts of the time of beginning or ending their day's or night's work, so that a study can be made of the shift hours in 55 cities only. • DAY WORK Begins at Ends at In 16 cities 7:00 a.m. 7:00 p.m. 12 hour shift 6 cities 6:00 a.m. 6:00 p.m. 12 hour shift 6 cities 8:00 a.m. 8 :00 p.m. 12 hour shift 3 cities 7:00 a.m. 6:00 p.m. 11 hour shift 7 cities 8:00 a.m. 7:00 p.m. 11 hour shift 9 cities 8:00 a.m. 6:00 p.m. 10 hour shift 2 cities 8:30 a.m. 5 :30 p.m. 9 hour shift Boston- Brockton 2 cities 9:30 a.m. 5.30 p.m. 8 hour shift Providence- Pawtucket Milwaukee 7:00 a.m. 6:30 p.m. 11^2 hour shift South Bend 7:30 a.m. 6:30 p.m. 11 hour shift Waterloo, la. 7:00 a.m. 5:30 p.m. 101^ hour shift St. Louis *** 6:30 p.m. 55 cities *** The beginning time arranged by the foreman, as the work requires. Twenty-eight of the fifty-five cities have a spread of twelve hours (12) between the time of beginning and ending their day's work, which means that the newspapers in those 28 cities any eight hours can be worked within the twelve shift hours at the day rate, thereby avoiding the overtime penalty during those hours and giving greater flexibility in the operation of their entire plant, which is an important factor in the making and distributing of a newspaper. NIGHT SHIFT HOURS Night shift hours are specified in fifty-five (55) out of a total of eighty-nine (89) contracts from as many cities. The night shift -hours show a much wider range than the day shift hours as will be observed in the following synopsis : 403 NIGHT WORK Begins at Ends at 2 cities 6:00 p.m. 7 :00 a.m. 13 hour shift — Birmingham Reading 1 city 7:00 p.m. §:00 a.m. 13 hour shift — South Bend 5 cities 8:00 p.m. 8:00 a.m. 12 hour shift 11 cities 7:00 p.m. 7 :00 a.m. 12 hour shift- ' 6 cities 6:00 p.m. 6:00 a.m. 12 hour shift 1 city 7:00 p.m. 6:00 a.m. 11 hour shift — Chicago 2 cities 9 :00 p.m. 8:00 a.m. 11 hour shift — St. Louis- Los Angeles^ 1 city 7:00 p.m. 5:30 a.m. 101/2 hour shift— Waterloo, la. 6 cities 8:00 p.m. *6:00 a.m. 10 hour shift v 2 cities 9:00 p.m. 7:00 a.m. 10 hour shift — Lowell- Springfield 1 city 10:00 p.m. 8:00 a.m. 10 hour shift — San Diego, Cal. 3 cities 9:30 p.m. 7 :00 a.m. 91/2 hour shift— V. C. Prov., Dayton, 0. 1 city 8 :00 p.m. 5:00 a.m. 9 hour shift — Tacoma 1 city 9:00 p.m. 6:00 a.m. 9 hour shift — Memphis 1 city 10:00 p.m. 7:00 a.m. 9 hour shift — Worcester, Mass. 1 city 12:00 p.m. 8:30 a.m. 814 hour shift — Fresno, Cal, 1 city 10:00 p.m. 6:00 a.m. 8 hour shift — Scranton 1 city 1 11:00 p.m; 5:30 a.m. 7y2 hour shift — Boston 1 city .12:00 p.m. 7:00 a.m. 7 hour shift — Pawtucket 1 city 11:00 p.m. 6:00 a.m. 7 hour shift — New Haven, Ct. 1 city. 10 :00 p.m. , 4:30 a.m. 6y2 hour shift— Toledo, 0. 2 cities 12:00 p.m. 6:00 a.m. 6 hour shift— NEW YORK- Newark. 3 cities have shift hours fixed by foreman or mutual agreement. 55 cities. 25 cities (45 % ) have shift hours of 12 hours or longer ; 3 cities 11 hour shifts; 10 cities ten hour shifts; 8 cities from.8 to 9j4 hour shifts ; Boston has 71/2 hour shift ; Pawtucket and New Haven 7 hours, Toledo, Ohio, 6j4 hours and New York and Newark haye only 6 hours in which to do all their press work for morning news- papers, at the regular night wage, without overtime penalty. 404 The shift hours are lengthened on Saturday nights in St. Louis, Kansas City, Cleveland and Toledo, Ohio, to enable the Sunday newspapers in those cities to get to press earlier than on other days and to print longer. Cleveland is given from 5 p. m. to 6 a. m., 13 hours ; Kansas City from 7 p. m. to 7 a. m., 12 hours ; Toledo and St. Louis, 8V^ hours. In each one of these cities the longer shift hours are granted at the same night wage. NECESSITY FOR CHANGES IN NIGHT HOURS Under the restwctions of the Union in regard to the night hours which are "Any six hours between midnight and 6 a. m.," the news- papers of this city have not been able to circulate and compete in territory within their radius, without the payment of overtime for all time before midnight at the rate of time and one-half computed by the hour, i.e., one and one-half hours pay for five minutes or any fraction of an hour. Under these exactions some of the larger newspapers have given up the circulation advantage rather than pay the outrageous price demanded by the pressmen. They also gave up readers they already had because the Union refused arbi- trarily to change its hours, and still refuses, even though the indus- try demands a change as the following letter clearly shows : "THE PUBLISHERS' ASSOCIATION OF NEW YORK CITY, "New York, Nov. 22, 1917. "New York Newspaper -Web Pressmen's Union Number Twenty-five. "Gentlemen : ■ "The United States Government, through its active control of lailroad operations, in order to facilitate movements of commodi- ties, has ordered changes in the times of departure of mail trains which carry the country editions of the morning newspapers in New York. « "For instance, the Penn. Train No. 11, now leaving at 2 :45 a. m., will leave at 1 :45 a. m., one hour earlier. This carries all Western Penn. mail and all through West and Southwest mail Train No. 45 on the New York Central leaving at 2 :50 a. m. has been annulled and a new train submitted. No. 43, leaving at 2 :15 a. m. ; 35 minutes 405 earlier. Ths train carries all New York State, Vermont and West- ern Mail. "Train No. 199 on the New York Central, now leaving at 3 :10 a. m., is scheduled for 2:45 a. m., 25 minutes earlier. "Train No. 105 on the Penn., scheduled formerly at 2 :20 a. m., is now scheduled at 2 :10. "These changes in schedules, particularly the change on the all through West and Southwest and Penn. mail will necessitate a change in edition times of the morning papers and they will be com- pelled to print papers earlier than heretofore in order to maintain the circulation covered by the mail on these trams. "This means earlier press time. "Inasmuclf as our contract with you restricts operations on morning papers to the hours between 12 midnight and 6 in the morning, we could not accomplish a change in press time without a severe penalty. "We are sure that you agree with us that our contract is in- tended to serve the needs of the Publishers and the hours fixed between midnight and 6 o'clock" were so fixed because those hours always did serve the Publishers' needs. "Under the ruling of the Government changing these train times, these hours no longer serve the purpose of the Publishers. We there- fore request you to agree to a change in the contract which wjll make the working hours for morning papers any six hours from 11 o'clock at night to 6 o'clock in the morning. "Very truly yours, "Secretary." After a month the Union replied : "NEW YORK NEWSPAPER WEB PRESSMEN'S UNION NO. 25 "74 Lafayette Street, "December 26, 1917. "Mr. L. B. Palmer, Secretary-Treasurer, "Publishers' Association, "63 Park Row, City. "Dear Sir: "Action in reference to your letter of Nov. 22, 1917, relating to changes in times of departure of mail trains which carry the country 406 editions of morning newspapers in this city came up before the -organization at its last meeting in December. "Question was deferred until our next regular meeting in Janu- ary in order to notify all members, at which meeting specific action will be taken. "JOHN H. HARTLEY, "Secretary-Treasurer No. 25." At the end of two months, the Union made this curt and ar- bitrary reply: "NEW YORK NEWSPAPER WEB PRINTING PRESSMEN'S UNION NO. 25, 1. P. P. & A. U. "74 Lafayette Street, New York, "Jan. 22, 1918. "Mr. L. B. Palmer, Secretary, "Publishers' Association, ^ "New York City. "Dear Sir: "In answer to your communication of Nov. 22nd, 1917, I am instructed by New York Web Pressmen's Union No. 25 in accord- ance with their action taken at a regular meeting held Jan. 21st, to notify you that the organization does not see any necessity of mak- ing any changes in regards to the hours of employment and will insist that the contract be adhered to. "Very truly yours, "DAVID SIMONS, "President No. 25." In addition to the mail trains we are now using, we call atten- tion to many regular mail trains leaving earlier at night, which .should carry New York morning newspapers, but do not. Pennsylvania trains leaving New York at 8:45 p. m., 12:10 fi. m., 12:15 a. m. and 12:30 a. m., for Philadelphia, Baltimore, Washington and the South and connecting with the Southern R. R. .at Washington for all points South carry no morning newspapers. 407 Pennsylvania trainsrfeaving New York at 8:40 p. m. and 11:30 p. m. and arriving in Pittsburgh at 8:10 a. m. and 9 :15 a. m. respec- tively are leaving without New York morning newspapers. They use a train leaving at 2:40 a. m., which arrives in Pittsburgh at 2:50 p.m. And, of course, a paper arriving in Pittsburgh in the after- noon, when all the afternoon papers are out, is practically out of business. The same way in Buffalo. I tried to work out a scheme here for motor car haul up the State to get to Syracuse and Roches- ter and could not work it out. (Reading) : New Ybrk Central trains leaving for Buffalo at 8 p. m., 11:20 p. m. and 12:25 a. m. and arriving in Buffalo at 7 :05 a. m. ; 9 :50 a., m., and 12 :55 p. m., carry no morning news- papers. New York, New Haven and Hartford trains leaving at 11:10 p. m., via Hartford and at 11 :35 p. m. via Shore Line and arriving at Boston at 6 :45 and 6 :05 a. m. carry no morning newspapers. A train leaving at 2:10 a. m. is used arriving in Boston at 8:58 a. m. The dispatch of morning newspapers for all intermediate points on these lines is impossible on these trains owing to the hampering and unreasonable restrictions of the Pressmen's Union. We ask longer shift hours on Saturday night — S p. m. to 7 a. m. — as in St. Louis, Kansas City, Cleveland and Toledo, where the Saturday night shift is lengthened. The reason for this request is that the many parts and larger circulations of the New York Sunday newspaper require longer operation of the presses to print the necessary number of pages and papers. It is a reasonable request and asks for no more than eight hours ■on Saturday night without the payment of .overtime. We ask that the starting and quitting time of each press crew, shall be designated by the Publisher. The Publisher alone has the information of the public demand -for newspapers both as to locality and the quantity needed. He alone has the information as to the changes in mail train time anjl local delivery time by wagon, trolley cars, subways and suburban trains and therefore is the only one who is qualified to say when 408 presses shall start and when they shall stop, in order to promptly supply his readers with the latest news. THE BROOKLYN NEWSPAPERS AND THE PRESSMEN'S ' SCALE You are asked, Mr. Arbitrator, to give a decision on a condition that affects only Brooklyn newspapers. All the Printing Trade Unions in this city have agreed to man all the newspapers which recognize the Unions. There are four classes of daily newspapers in this city as follows : Afternoon papers. Morning papers with Sunday'morning editions. Afternoon papers with Sunday afternoon editions. Afternoon paper with Sunday afternoon editions. All the Brooklyn newspapers are in the last class. When we contracted with the Pressmen's Union and the other Union to employ only Union men, it was, of course, stipulated that they should meet our regular requirements and conditions in the publicaton of our six afternoon editions and our Sunday morning edition without overtime exactions. The contract under which the four Brooklyn papers have been operating with the Pressmen's Union provides — "Evening newspapers with Sunday morning editions may con- tinue evening men at work on Sunday morning issues at the regular Saturday night scale, provided that a period of at least four hours elapse between the two shifts." The Union proposes to put a heavy penalty upon the Brooklyn newspapers by forcing them to pay overtime for the publication of the Sunday morning editions. At the present time the Pressmen in the Eagle Office have about four and one-half hours leeway after the afternoon paper is printed before coming to work on the Sunday paper. That brings them into the Eagle office, for instance, at eight o'clock at night. The Union would change that condition to bring them in at twelve o'clock, making it, of course, impossible to print the paper in time for distribution. Every other Union has recognized the conditions of the Brooklyn newspapers and has met them. To grant this demand on the part 409 of the Pressmen's Union, and if their demands were to be insisted upon by other Unions, would compel the newspapers of Brooklyn to give up^the publication of the Sunday edition or else pay such an exorbitant price for its production that it would almost be pro- hibitive. , The Brooklyn papers operate for their Sunday edition, only the same number of presses that they operate on the other six days of the week and there is no intention of making any change. The Brooklyn papers contend that the obligations of the Press- men's contract demand that the Union meet the normal require- ments of their Sunday morning editions without overtime in the same manner that other Unions do. The other Unions viz : Compositors Stereotypers Mailers Drivers Paper Handlers meet the requirements of the Brooklyn papers necessary for their Sunday morning editions at the rates and hours provided for such work and no Union seeks to penalize an office by unreasonable de- mands for overtime. If the Pressmen's demands were to be granted, at the present rate of pay, an ordinary pressman would receive $22.56 for his eight hours work on Saturday night and a man in charge of a press would receive $25.56 for his eight hours work on Saturday night. Plainly 1his is an unreasonable and extortionate demand. As a matter of fact the working of a double-header is not a hardship — and certainly not to the pressman. The members of the Pressmen's Union who work on Saturday night take a day off during the week which gives them a full holiday during the week, together with a good part of their Sunday. During the week days the presses in the Brooklyn Eagle office are rarely run over three hours a day. There are three crews and the work during the week is exceedingly light. No more presses pre run on Sunday than on week-days. On Saturday afternoons the men go home shortly after 3 :30 and do not return until 8 or 9 o'clock. That gives them time to go home for their dinner and 410 secure some rest. They work seven and a half hours from eight o'clock and are then able to go home. Through an agreement made with the Union during the stress of war conditions, the Brooklyn papers agreed to pay to the Press- men's Union a bonus of $2.28 to each man who worked Saturday and Saturday night in addition to the regular Saturday night pay of $9.50 to the Pressman in charge, making his pay $11.78 and $8.50 to the assistant pressmen, making their pay $10.78 for Saturday night. This bonus to be paid only to those men who worked both Saturday and Saturday night. As stated above, this bonus was paid during the stress of war conditions, the Brooklyn papers agreed to pay to the Pressmen's Union a bonus of $2.28 to each man who worked Saturday and Saturday night in addition to their regular Saturday night pay of $9.50 to the Pressman in charge, making his pay $11.78 and $8.50 to the assistant Pressmen, making their pay $10.78 for Satur- day night. This bonus to be paid only to those men who worked both Saturday and Saturday night. As stated above, thig bonus was paid during the stress of war conditions, and while the Brooklyn papers acknowledge the princi- ple of paying something extra to the men who work Saturday and Saturday night, we think the amount paid at present $2.28 is too large and we leave it to the arbitrator for readjustment. For the Union to compel us to pay overtime for work which belongs within the hours stipulated by the scale, is, of course, some- thing unheard of in Union regulations, and it seems to the Brook- lyn publishers that this is a matter that ought not to be con- sidered for one moment. The Pressmen on the Brooklyn newspapers are not compelled to work on Saturday nights and some of them do not do so, but it is up to the Union when it agrees to print our papers, that they should furnish men for the afternoon editions at the regular day scale and men for the Sunday morning edition at the regular scale of hours and wages paid for night work, as these are our regular and normal requirements. In x:onclusion, the , Brooklyn papers insist that the Pressmen's Union, as the obligations of their contract demand, live up to the regular and normal requirements of the Brooklyn papers, as do the 411 ether Unions and that no penalty should be imposed'" in addition to the liberal wages they now receive. In view of the facts presented, -the Newspaper Owners, there- fore, ask that the basic day's work be fixed at eight hours maxi- mum, for both the day and night work, because that has been fixed 1)y the most humane and enlightened sentiment everywhere as the proper limit of one day's work because the work in several morning and evening newspapers in New York cannot be done in less than eight hours ; because both the International and local Pressmen's Unions have in every city in the United States, including New York City, recognized eight hours as the reasonable and necessary meas- ure of a day's work for one shift or the other and in many places for both alike. In New York City eight hours, as the maximum day's work for the day force in printing offices under Union jurisdiction, has pre- vailed for many years and is still observed without complaint from employers of men. In newspaper oflices only, the hours for morn- ing paper press work were fixed twenty-five or thirty years ago at six hours because newspapers were not then required by the Post Office, or for mail trains, or by the news companies for distibution before 2 o'clock a. m. As the printmg of all morning editions had to be finished by 5 a. m., it necessarily followed that it was not possible to operate the printing presses of morning newspapers more than five hours. The agreement with the Union for six hours at night, therefore, covered every requirement of the publishers. In recent years, notably since the war, the requirements of the Goverment for mail trains, the arrangements of the wholesale news companies upon which all the individual news dealers and the entire public rely for the delivery of morning papers, and the needs of the industry, have all changed. The Union has held on inflexibly to the rules and hours of long ago, refusing to change with time, or to adapt itself to the inevitable changes in the great industry in which its part is so important. We state a simple fact, without unfriendly feeling or bitter- ness, when we say that New York Web Pressmen's Union No. 25 stands alone among the fifteen or more Unions employed in New York newspaper offices, in its refusal to make any change in its night-working hours, or to accommodate itself in any way to the 412 obvious necessities of the work of which, under the Union con- tract, it will have first right of employment. Some other Unions have cheerfully co-operated with the news- paper publishers by changing from time to time their regular shifts to conform to the requirements of the public, or train scheduled. Several unions have shown the same helpful spirit in their co-opera- tion with each other. But the morning pressmen have maintained an inflexible rigidity in their rules with this result. Morning papers that start their presses at 10 p. m., must allow the equivalent of half a day's pay for the v,-ork done between 10 and 12 o'clock midnight, and a full day's pay for work done in the four or five hours after 12 o'clock. In New York a maximum of eight hours per night is necessary ; one or two nights each week more is required in some instances "to meet the requirements of morning newspaper. The Owners do not feel that any defense of the 8-hour day is necessary. It has, as the President of the United States said in z. special message to Congress on. railroads, "the full sanction of the judgment of society." Congress debated this question several days three years ago. Arguments were made that in some occupations, including the ardu- ous and hazardous train brotherhoods, eight hours were too short for a full day's work. Not a single representative in Congress argued that eight hours were too long ! Eight hours was in wartime fixed by Congress by statute as the prefer basis for a day's work and for determining compensation. The decision applied to all railroad service, all Government con- tracts, all shipyards, etc., and was made with practical unanimity by the votes of both parties in Congress. It is a goal toward which organized labor the world over has been struggling. It is the law of this State, in all undertakings and the excep- tions are for a higher and not a lower number of hours. It would be superfluous here to point out that the overwhelm- ing majority of workers, both organized and unorganized, now work eight hours or more a day when they have work. No skilled trade as large as the one under consideration any- 413 where in the United States has made its standard less than eight hours for a maximum day's work. We, therefore, ask that this clause be a part of the contract. .2. HOURS. Any eight consecutive hours, exclusive of not more than thirty minutes for lunch, between the hours 7 a. m. and 7 p. m. shall constitute a regular day's work. Any eight consecutive hours, exclusive of not more than thirty minutes for lunch, between 7 p. m. and 7 a. m. except on Saturday, when the hours shall be any eight consecutive hours between 5 p. m. and 7 a. m. shall constitute- a regular night's work. POINT OF DIFFERENCE NO. 14 "Fixing a reasonable compensation for inen in charge of news- paper presses, assistant pressmen and apprentices, taking into con- sideration the wages paid for similar work in other cities operating, under charters issued by the same International Pressmen's and As- sistants' Union of North America, due allowance to be made fpr difference in cost of living in New York over or under other cities, according to the official standards of the U. S. Department of Labor and the National Industrial Conference Board." On February 22, 1921, when the .Owners met the Chief officers of the Union, they asked for changes in working conditions "to avoid the necessity of making reductions in basic scales of. wages." After failure to negotiate such a contract with changed working conditions the Union asked that wages also be arbitrated. The Owners' Com- mittee agreed. The wages of the foreman and assistant foreman of a pr^s- room are generally fixed by mutual agreement between the Pub- lisher and his foreman. This is not only true in New York City but is true in every other large city as the pressmen's contracts in these cities will show. This must necessarily be so as there is a wide difference in all newspaper offices in regard to the number of men supervised, the number and size of presses. A fixed wage in New York City or any other city would not attract the class of fore- rnen which the newspapers require. ' The wage scale you are asked to determine covers two prin- cipal classes of workmen. 1. Men in charge. Each press is. in charge of a competent and 414 experienced pressman who inspects the product, i.e., examines the printed newspapers to see that they are well printed and properly folded. He also corrects any defects which the inspection reveals. He adjusts the flow of the ink on the ink drums. He regulates the folding devices.. He is responsible for the product of his press and for the members of his crew. He should not be confounded with the foreman to whom he is responsible. The foreman is in charge of the pressroom including the men in charge, and his assist- ants, apprentices and other employes of the room. 2. Assistant pressmen. The assistant pressman, sometimes called "Pressman," is a term applying strictly to all other members of the press crew except to the man in charge and the apprentice. The work of the assistant pressman is divided and in some cities it is classified, and paid for at a graduated scale according to the duties required. The most skillful work of an assistant pressman is that of a tension man. A tension man operates the tension screw whereby the friction clamp around a pulley at the end of a spindle or shaft which passes through the center of a roll of paper and upon which the roll revolves is tightened or loosened. By loosening or tighten- ing the tension screw he controls the sheet or web of paper as it passes through the printing cylinders. If he tightens the screw too tight the revolution of the roll may be retarded and break the sheet or web of paper. Again if the tension screw is too lose the press will not print or fold properly and the sheet may be broken. He is at his post of duty, at all times when the press is in operation. The other assistant pressmen do such work as plating, oiling, and spindling of rolls. When the stereotype plates from which news- papers are printed come from the foundry the assistants clamp these plates upon the printing cylinders by means of a series of clamps operated with set screws. When the press is in operation, the assist- ant pressmen oil the moving parts of the press, and insert the spin- dles in the center of the rolls and clamp them by means of a block or wedge. He also assists in hoisting the roll of paper to the proper level or deck of the press by electric or power hoist. Such, generally speaking, are the duties of assistant pressmen. For the purpose of determining the wage for the men in charge and assistant pressmen we submit as Exhibit No. 6 those things which we believe to be the essentials in determining a fair wage ot rate of pay. In this exhibit you will find : 415 a. The press room wages day and night in 35 principal cities. The cities are arranged in alphabetical order, the wages shown for each class of workman by the hour and by the day, for both day. and night work. b. Comparison of Pressinen's Scales in American Newspaper Publishers' Bulletin No. 2591 issued Jan. 14, 1922. c. A comparison of the wage scales of the several crafts employed in New York newspapers both day and night showing the hours and wages of 1914 and 1920 and increases in dollars and pfrcentage. d. The report of the Bureau of Statistics ©f the U- S. Labor Bureau showing the increases in the cost of living in New York City and« other large cities. e. The report of the National Industrial Conference Board showing the increases ' in the cost of living in the whole United States between 1914 and Jan. 1922. f. A table showing the present index figures of the cost of living in a number of large cities including New York City and the present pressmen's wage in these cities. g. A table showing the wages of New York Pressmen in charge and pressmen and the dates of increases and the amount of increases from 1914 to date. h. A memorandum showing the reductions in the wages of men in charge and assistant pressmen in a number of large cities. i. A table showing the wage decrease of five printing trades unions in New York City. j. The latest issue by the Industrial Commissioner of New York State of the Indus^trial Bulletin, Volume 1, Number 1, Octo- ber 1921, also the last report of the New York State Labor Depart- ment dated Dec. 24, 1921, showing the average earnings of New York State factory workers in November. The basic wage of all Unions employed in the newspaper industry is the wage provided for 8 hours of day work. ' The wage for working during the night hours is fixed with relation to the rate paid for working during the day hours. We will, therefore, first discuss what is a fair wage for day work. 416 Referring now to the table of wages for day and night work, in our Exhibit No. 6, Letter "A", you will observe that at the present time in New York City both the hourly wage for day work for pressmen in charge ($1.13) and for pressmen ($1.00) is higher than the wage paid in any other city in the United States. You will also see that the wage of pressmen-in-charge per day ($8.50) is higher than the wage paid in any other city and that the wage per day for pressmen ($7.50) is higher than in any other city except Seattle where the wage is the same as in New York. The Newspaper Owners stated to the Union "To the highest aver- age wages paid for similar work in other large cities the New York newspaper owners will add an amount that will make a generous allowance for the difference between the cost of living in New York and in other large cities." To illustrate what this means. We quote the U. S. Labor Bureau's index figure of the cost of living of December 1921, in New York, Chicago, Detroit, Phila- delphia, Washington, and in parallel columns quote the wages paid for similar work in these cities. Wages Index Figure Men in Charge Asst. Pressmen New York ..178.1 $8.50 $7.50' Chicago ..._ _... 172.3 7.16 6.16 Philadelphia _... 174.3 5.83 4.66 Detroit __ ....„ 182.4 7.50 6.66 Washington _ 163. 7.66 6.66 The wages in Detroit and Cleveland have been reduced recently $5.00 a week. The newspapers in Washington are now asking an arbitrator to reduce the wages in that city. To show that the wages now being paid to the men in charge and the pressmen in the press rooms of New York City are fair and just when compared with the wages paid to other crafts in our employ we refer to the item "C" in our Exhibit No. 6, the comparison of the wage scales of the several crafts employed by New York Newspapers. The Pressmen in charge have received for day work since 1914 an increase in wage of 64.4%. The Pressmen for day work an increase of 78j4%. The average increase granted to Printers has been 76.1%. 417 Stereotypers have received an increase of 66 2-3 % . Photo-engravers have received an increase based upon increased wage and shortening of hours of 100%. A small nurpber of the total membership of the Photo-engravers' Union is employed in 5 newspaper offices. Their wage and hours are governed by the wage of that craft employed in the commercial shops in New York City because such a small percentage of their entire membership is employed in newspaper offices. The Mailers' Union have received increases of from 86% to 100%. The Newspaper Deliverers have received increases ranging from 110 to 135%. The increase of 135% was granted on account of the greater responsibility of the routemen and chauffeurs which has been placed upon them since 1914. The increase in the retail price of newspapers has brought an increased revenue and the routemen employed at day work are responsible for the collection and payment to the publisher of all money received from the sale of papers to retail dealers. Paper Handlers' received an increase of 112%. The last increase was granted by your Honor in ' 1920. We sought a re- duction in this wage in January, 1921, but came to noi agreement with the Union and at the present time there is no contract existing between the Paper Handlers' Union and the Newspaper Publishers. Craftsmen employed in trades incidental to newspaper pub-, lishing such as Machinists, Electricians, Engineers and Firemen have received increases ranging from 66 to 100%. Wages for these craftsmen depend upon a wage which they are paid in other indus- tries where much larger number of these men are employed. We call your attention particularly to the wage of Electricians and Engineers. These two crafts have received an 80% increase in wage. They work in the newspaper plants nights, days, Sun- days and holidays and cover the work during the full 24 hours on any 8-hour shift — six days in the week. They make no difference between the night rate, day rate, Sunday rate, or holiday rate. Their contracts contain no rules or working conditions. They specify only that for 8 hours of work we will pay the 8 hour wage and they agree to do at all times the necessary work of their crafts in maintaining those parts of a newspaper plant which may come 418 within their jurisdiction. Considering the skill and apprenticeship of these two crafts and the fact that they are licensed by the City of New York, the increase in wage for the work they perform is not as high as the increases granted to the skilled trades belonging strictly to the newspaper industry. Referring again to the comparison of wage scales of the various crafts in newspaper offices you will observe that the in- creases which have been made do not cut and have not at all times covered the full increase in the cost of living. Those groups which received the lower wages in 1914 were given a larger percentage of increase than those groups who were paid a higher wage on account of their skill. Our Justification for this is the award of the Rail- road Wage Commission which, using the government labor bu- reau's cost of living figures in 1918, gave to those receiving the lowest wages the full increase in the cost of living and graduated the increases thereafter according to the wages paid. For example : Those getting $85 a month received the full percentage of cost of living increase in their wages but those receiving $250 a month and over got nothing. The difference in wages in 1914 in the various groups employed in newspaper offices represents a diflference in skill. No group has shown any increase in its skill. Their sole plea for an increased wage has be«n that it costs them more to live. Referring now to the table you will note that the increases in dollars amounts to an average of about $20 per week as applied to the various groups. The Hon. John Mitchell, now deceased, and at one time Presi- dent of the Miners' Union, in an arbitration decision in a wage dispute between the New York Newspaper Publishers' and Typo- graphical Union No. 6 said on Aiig. 2, 1918, "Wages, of course, cannot be expected to rise and fall automatically as the cost of living rises and falls, but wages must bear some relation to the cost of things which wages buy ; it would seem, therefore, that when there is an abnormal increase in the cost of living there should be if not a corresponding, at least a substantial, advance in wages." We submit that each union employed in the newspaper industry in New York has received and is now receiving a substantial advance in wages and that the wages of all of the groups employed in our offices are now very near or above the present increased cost of living in New York City. 419 Taking up now the reports of the U. S. Bureau of Labor Statistics and the National Industrial Conference Board showing the increases in the cost of living since 1914 we quote from the Monthly Labor Review of October 1919, Page 2: "There are five well-known Index Numbers, Bradstreet, Gibson, The Annalist, Dun, and Bureau of Labor, based on wholesale prices of commodities, variously grouped and they are by no means identical in results. Comprehensive surveys of the cost of living are only two in number : First — Cost of living surveys by the United States Bureau of Labor Statistics. Second — Cost of living surveys by the National Industrial Con- ference Board of Boston. "The making of these -surveys is very laborious. Detailed expenses for a full year forTiundreds of families are obtained from various localities. From these the relative importance of each item of family expense is determined. Local prices are then obtained and weighted according to the average importance in the family budget. Thus giving a fairly correct showing of the changes in all the items of an average family's expenses;" "For such purposes as wage adjustments, there is imperative need and much practical usefulness in so combining local experi- ences as to produce an average for the country as a whole and for large industrial centers." For your information we submit as items d and e of our Exhibit No. 6 the report of the Bureau of Statistics of the U. S. Labor Bureau and the report of the National Industrial Conference Board showing the increases in the cost of living between 1914 and January 1, 1922. These are the figures which have governed the wage adjust- ments in all the various disputes between the newspapers of New York City and their various groups of employes, and we submit that these are the only authoritative figures upon which adjust- ments can rightfully be made. For your further information the item "f" in our Exhibit No. 6 presents a table showing the wage of pressmen in charge and pressmen from 1914 to date and amounts of each increase from 1914 to date. In 1917 the pressmen in charge received an increase of $2 a week, a little over 6% of their 1914 wage. In Sept. 1918 they received $6 more, making their wages 420 approximately 26% above 1914. Six months later they received on February 28, 1919, $6 more, making their wage $45 per week or approximately 50% above the 1914 wage. One year later, on February 28, 1920, they received another increase of $6 per week, making their wage $51, which is their present wage and is .644% above 1914. The pressmen in 1914 were paid $25 a week. On Sept. 1, 1917, they received an increase of $2, or 8%. In September 1918 they received a further increase of $6, making their wage $33, $8 above 1914, which is an increase of 32%. Six months later, on Feb. 28, 1919, their wages were increased $6 more, making their wage $39, an increase of $14 over 1914, or 56%. On Feb. 28, 1920, a further increase of $6, making their wage $45 a week, which is their present wage and is $20 a week above the 1914 wage or approximately 80%. Considering the working conditions which have prevailed in our press ToonJs, we submit that the increases in wages granted to this Union have been fair and just in comparison with other Unions who have always granted us more liberal shop rules. There is a rule in wage adjustments that, other things being equal, trades having rules or conditions that produce or promote waste, should have a lower wage or a wage lower than the average wage. Item "g" in our Exhibit No. 6 is a memorandum of wage reductions to men in charge and assistant pressmen in a number of large cities. This memorandum is known as bulletin 2584 of the American Newspaper Publishers' Association, whose office is located at Indianapolis, Indiana. The Newspaper publishers throughout the United States sent to H. N. Kellogg, chairman of the Association's Special Standing Committee copies of their wage contracts, from which contracts his bulletins are prepared. We call your attention to the reduction in pressmen's wages as follows: Canton, Ohio — $2 per week Dallas, Texas — $2 per week Detroit — $5 a week for journeymen and $6 a week for men in charge Cleveland, Ohio — $5 a week to men in charge ; $4 to journeymen (whom we call Assistant Pressmen. 421 Louisville, Ky. — $2.59 for men in charge and journeymen. Memphis, Tenn. — $1.25 a week day and night Providence, R, I. — $2 a week St. Paul, Minn — 5%, amounting to $2.30 a week Seattle — 50c per day and night, or $3 per week Stockton, Cal. — $1 a week Youngstown, Ohio — $3 a week. And in none of these cities was the wage as high as in New York, although in Detroit and Cleveland the living cost was higher. This same bulletin shows that reductions have been made in Typoigraphical scales, stereotypers' scales and that the wages of Photo-Engravers and Mailers have been reduced. Item "i" in our Exhibit No. 6 shows the wage decreases of five printing trades unions employed in commerciS shops in New York City. There has been a reduction of from $4 to $5.50 per week in the various groups of employes, ranging in percentage from 9.8% to 13%. On page 18 of the Industrial Bulletin issued by the Industrial Commissioner of New York State, submitted as item "j" of our Exhibit No. 6, you will find a table showing the average weekly earnings in October in representative New York State factories. The average for the entire State, $24.53 per week ; for New York City, $26.15. A later bulletin, dated Dec. 24, which is a part of that item, says that the average weekly earnings for November were $24.32, a decrease of 21c per week. Conclusion : In our Exhibit we have given to you what we consider to be the essentials in determining the wage of pressmen in charge and assistant pressmen. We have shown the wages paid in New York and the wages paid for similar work in 34 other cities. We have given to you the cost of living figures furnished by the Bureau of Statistics of the U. S. Labor Bureau and the National Industrial Conference Board showing the increase in cost of living from 1914 to date. We have shown the index figures of the cost of living in a number of large cities and the present pressmen's wages in these cities from which you can determine what is a fair wage which the newspapers of New York City should pay as compared with the wages and cost of living in these 422 large cities. You will find a table showing the wages of pressmen in charge and pressmen from 1914 to date, giving the amount of each increase and the date on which such increase was granted. We offer for your consideration the fact that the wages of press- men in charge and pressmen have recently been reduced in a number of large cities. We have stated the decrease in wages of the 5 printing trades Unions employed in commercial printing establish- ments in New York City. We have given to you the report of the Industrial Commissioner of New York State showing the average wage earnings of workers in New York State factories. After having determined the working conditions to be observed in our press rooms and after having determined what hours shall constitute a day's work or a night's work, we ask your careful consideration of the wage data we have presented when you take up the consideration of what you believe should be a fair wage under the hours and rules you will have determined. WAGES FOR NIGHT WORK: Having decided the wage you will name for day work and having determined the number of hours which shall constitute a night's work the wage for night work should be next considered. The Newspaper Owners said to the Union, "We are willing to recognize the disadvantages of night work by paying more for 8 hours of night work than for 8 hours of day work." This dis- advantage is recognized in the press rooms of daily newspapers elsewhere as you will see by a reference to the hours for night work in our Exhibit No. 6. In some cities you will find the hours for night work to be 7 hours with 8 hours for Saturday night owing to the large demands of the Sunday newspaper. In some cities you will find the 8-hour night and an increase in wages for 8 hours night work over the wage paid for day work. Again you will find both a shortening of hours and some increase in wage. Referring now to the first item, "a" in Exhibit No. 6, you«will find this differential carefully worked out. The hourly wage for day work and the hourly wage for night work for both pressmen in charge and assistant pressmen is shown. This hourly wage is arrived at by computation embracing both the short- ening of the hours and the increase of pay for night work. The wage for one hour of day work of pressmen in charge in 34 cities outside of New York City is 90.4c. 423 The wage for one hour of night work of pressmeri in charge is 97.3c, a difference of- 6.9c which, multiplied by eight, the number of hours of day work, amounts to 55.2c per day or $3.31 per week. Likewise the difference between the hourly rate for day work of assistant pressmen 80.5c, and night work 87.4c, is 6.9c, amounting likewise to $3.31 per week. In these 34 cities, whether the dif- ferential between night work is expressed in hours, an increased wage, or both decreased hours and an increased wage, the result amounts to 55c a day or $3.31 per week. The wages paid to the printers in New York newspaper oiBces for day work are now and always have been $3 a week more for 8 hours of night work than for 8 hours of day work. This Union will not deny that this is the differential generally adopted and accepted in contracts with the Printers' Union in all cities through- out the U. S. The employes of our Mailing Room worK / hours every night in the week except Friday and Saturday nights when they work 8 hours, and their weekly wage is $2 per week above the day wage. In the Delivery Dept. routemen and chauffeurs work 7 hours every night except Friday and Saturday night when they work 8 hours at the same wage they received for day work. Drivers and carriers in the Delivery Dept. work 7 hours on every night except Friday and Saturday nights when they work 8 hours and receive $3 a week above their day wage. We have given you what we consider to be the essential facts for the determination of the wage scale for day work and for night work. In the draft of the contract which we will submit you will find that the wages are left blank. We have not even suggested a wage because we have asked you to decide first what we shall receive as a fair return in service and production for the wage you name and, furthermore, because we have asked you to decide the quantity of servicq to be given, meaning the hours of work we are to receive each day or night in return for what you consider a proper wage. We have written this wage clause in the complete contract, we will present: "4. Wages. The foreman, being the representative of the Publisher, shall be compensated by the Publisher in such amount as may be mutually agrged upon. 424 "The Minimum Wages of Man-in-charge of each preas shall be.. Assistant Pressmen shall be POINT OF DIFFERENCE NO. 15 "Fixing the allowance or payment for all overtime work at a reasonable extra rate for an actual time worked in accordance with the principles and practices of other unions in the newspaper indus- try in New York and of the International Pressmen's Union in. cities other than New York." We state first the facts in regard to the provisions of contracts of other Unions in the newspaper industry in New York. The Typographical Union, which furnishes the printers in our Composing Room — the largest number of men employed in the newspaper industry in New York — has for years had this overtime clause in its contract with the publishers : "Section 11. Overtime, which shall apply to work done before as well as after the hours specified, shall be charged at the rate of price and one-half, based on the salary received during the specified hours for time worked, unless otherwise provided for. Overtime shall be computed in 5-minute periods, unless otherwise arranged between the office and the chapel. Rotation in overtime is to be at the discretion of the office." Photo-Engravers' contract with the Newspaper Publishers says : "All time worked before or after the regular hours designated by the foreman shall be paid for at over-time rates, price and one-half." Judge Manton : The Chapel is the tribunal you are speaking of ? Mr. Wardman: Each office has a Chapel, a Union, that is the Union, and the Chairman ot the Chapel is the Union's representa- tive. Judge Manton: I see. Mr. Wardman (Reading) : On days preceding holidays men shall not be requested to work more than 3 hours overtime except in emergency. The Mailers' Union, after reading and considering the Own- ers' Statement, in a short conference with the Owners' Committee 425 changed their overtime provision which had formerly been com- puted by half-hour periods to read as follows : "Overtime for night Stampers and Delivery Clerks shall be at the rate of $1.50 per hour. Overtime for night Mailers and Elevator men shall be at the rate of $1.40 per hour. All overtime shall be computed in five- minute periods. Overtime for day Stampers and Delivery Clerks shall be at the rate of $1.30 per hour. Overtime for day Mailers and Elevator men shall be at the rate of $1.20 per hour. All overtime shall be computed in five-minute periods." The rates named in the sections quoted are at the rate of price and one-half of the regular wage scale for the several classes of workmen. The Deliverers' Union likewise changed the contract which formerly read "Overtime shall be paid at the rate of price and one- half, computed by half-hour periods" to read "Overtime shall be paid St the rate of price and one-half and shall be computed in S-minute periods unless otherwise arranged between the office and the chapel." The contracts with the Pressmen and the Stereotypers are the only ones which provide "Overtime shall be computed by the houf and shall be paid for at the rate of time and one-half." The Stereotypers' contract has not yet expired. In our Exhibit No. 7 we have quoted the overtime provisions from 80 current pressmen's contracts with newspaper publishers in 80 different cities. In 79 of the 80 cities overtime is one and one-half times the price of work for the regular hours fixed as a day's or night's work. Computation in 3 cities, New York, New Orleans, Fresno, Cal., is by the hour, which means that any part of an hour is counted as one full hour and the worker is paid for l}4 hours' work. In one city, Newark, N. J., computation is by half hours; Washington and San Antonio, Tex., compute overtime by one- quarter hours; 74 cities computed by actual time worked. In no contract can you find the uneconomic, wasteful and un- productive overtime provision which you will find in the former contract between the Publishers and the Pressmen's Union in New York City. 1. Rate — price and one-half. 2. Computed by the hour. 426 3. For all time in excess of 8 hours days and 6 hours nights. 4. For all time before and after shift hours. Relief from this overtime restriction of the Pressmen's Union is asked. (a) Because it is wasteful and unproductive, the workmen receiving pay for which they may not render full service on ac- count of computation by the hour. (b) Because with one exception (and that exception is in an unexpired contract) not one of the Unions employed in the New York newspaper industry now receive payment for overtime by any computation greater than 5-minute periods. Computation of overtime of the photo-engravers is by actual time. We there- fore, pray for relief and ask you to insert in our contract the fol- lowing provision, or a provision of similar, import. 5. Overtime : All time actually worked in excess of the num- ber of hours fixed herein as constituting a day's or night's work, exclusive of lunchtime, shall be counted as overtime. Time and one-half shall be allowed for such excess time, which shall be paid for at the prevailing scale of wages. POINT OF DIFFERENCE. NO. 17 "Determination of luncheon periods with reasonable leeway for emergencies but always with due consideration of the health and welfare of the employe ; lunch time to be paid for only when the operation of the press on which the man is engaged is not interrupted." Lunchtime provisions in contracts with other Unions in our offices : Printers' contract says: "8 continuous hours (including 30 minutes for lunch) shall constitute a day's or night's work. Chapels and foremen shall provide for the time to go to lunch, but the foreman shall not send an employe to lunch until he has worked at least three hours, nor shall the foreman keep an employe more than four hours from starting time before, allowing lunch, except in cases of emergency." Stereotypers' contract says : "Men employed on evening papers and on Sunday issues of morning papers shall be allowed a half hour for lunch." 427 Photo-Engravers' contract says: "A uniform regular interval of one-half hour shall be allowed by the party of the first part for lunch each day. In no case shall said lunch time be paid for by or considered the time of the first party" — meaning the publisher. The contracts with the Mailers' Union, the Deliverers' Union, and with the Unions known as the incidental trades have no lunch- time- provisions. In all of the Unions named except the Photo-Engravers', the members take their lunchtime at such intervals as are possible with- out interrupting their work or the operation of any of the machines in their departments. In the Photo-Engravers' work where th& various processes of the workmen stop, members of that Union take their lunchtime of 30 minutes and it is not included in the hours of work nor is it paid for by the office. We will now quote from the lunchtime provisions in Press- men's contracts in other cities, giving the length of the luncheon period and showing the custom in regard to including it as a part of the working hours. Boston — "The hours for work shall be as follows: For day press crews any eight hours from 8:30 to 5:30, with one hour for dinner between 1 1 and 2. No man to work more than six hours without at least 30 minutes for lunch. Night crews work only six hours and no luncheon period is allowed." Chicago — ^"Eight consecutive hours, exclusive of lunchtime, shall constitute a day's or night work. An interval of not less than 15 minutes nor more than one hour shall be allowed for lunch. Such lunchtime shall not be paid for by the office." Cincinnati— "An interval not to exceed 30 minutes for lunch may be arranged between the office and chapel and lunchtime shall in no case count against office time." Cleveland — "Any 8 consecutive hours, exclusive of one-half for lunch at the discretion of the foreman, shall constitute a day's work. Any 7 consecutive hours, exclusive of onfe-half. hour for lunch at the discretion of the foreman shall constitute a night's work." Detroit — "All time over 8 hours days and 7 hours nights shall be considered overtime except that 20 minutes shall be given for 428 luncheon at such times as the foreman may designate and the em- ployer shall have this time either earlier or later in the day provided it is taken within the shift hours." Indianapolis — "Foremen shall fix the time for beginning a day's or night's work. They shall allow time for luncheon not to exceed one hour. This time shall not be a part of the regular hours of labor." Kansas City — "8 consecutive hours, exclusive of not more than 30 minutes for lunch, shall constitute a day's or night's work." Los Angeles — "8 consecutive hours shall constitute a day's work and 7 hours a night's work and a reasonable time shall be allowed for lunch not to exceed 30 minutes." Louisville — "The foreman shall fix the time of beginning* a day's or night's work and shall allow time for luncheon not to exceed a half hour. This time shall not be a part of the regular hours of labor." Milwaukee — "8 consecutive hours shall constitute a day's or night's work, allowing at least 30 minutes for lunch exclusive of working hours." Omaha — "8 consecutive hours shall constitute a day's work. 7j4 consecutive hours shall constitute a night's work exclusive of not more than 30 minutes for lunch. No man shall be required to work more than 5 hours without being allowed to go to lunch. Pittsburgh — "8 consecutive hours exclusive of a half hour for lunch shall constitute a day's or night's work." St. Louis — "The hours of work shall be continuous except for a reasonable interval which shall be allowed each day or night for lunch which shall not be less than 15 minutes nor more than 30 minutes. The time for taking lunch shall be -regulated in each office by the foreman. In no case shall the lunchtime be paid for by the employer." Seattle — "8 consecutive hours shall constitute a day's work, exclusive of 30 minutes for lunch. 7 consecutive hours with the same allowance for lunch shall constitute a night's work." Washington — "The hours of labor shall be continuous except for an intermission of a half hour for lunch." 429 A sufficient number of quotations have been made to show that in the large cities outside of New York, the lunchtime is not considered a part of the working- hours. The period for kmcheon ranges frorh 15 minutes to one full hour but is usually stated to be 30 minutes. Most of the contracts provide that the lunchtime shall be at the discretion of the foreman. In the newspaper offices in this city the lunchtime of the printer or compositor is considered a part of the working hours. The printers leave in turns at the discretion of the foreman so that the work and processes of the composing room are not iriterfered with. If it were possible to stop the work in any or all branches of the Composing Room at the same time, the newspapers would arrange with the printers, the same luncheon provision which is inserted in their Book and Job Scale, which says : "8 consecutive hours exclusive of lunchtime shall constitute a day's work. Lunch- time may be arranged by mutual consent but an employer cannot keep an employe from lunch more than 4j^ hours before allowing a reasonable time for lunch except in cases of emergency. Any employee compelled to work during lunchtime must take the regu- lar time for lunch when the other employes return to work." It is the practice of commercial printing establishments in New York City, to stop all processes in the middle of the day or night and give each 'employe an interval for lunch. The nature of the newspaper business prohibits such practice generally in com- posing rooms. When the employes of the press-room take their lunch inter- vals from time to time without interrupting the operation of the presses it is fair that the publisher should consider the luncheon period a part of the working hours. When a printing press is shut down and all members of the crew are given a luncheon period of 30 minutes at the same time and production is thereby suspended, we ask that luncheon under such conditions shall not be considered a part of the regular work- ing hours. We are justified in asking this exception since the luncheon period is not generally considered a part of the working hours and paid for in newspaper offices elsewhere without any mention as to whether the operations of their presses are suspended during their lunch periods or whether they are not suspended. 430 Furthermore, the practice of including luncheon periods in the working hours is uneconomic and wasteful since wages are paid when no work is performed and our machinery is idle. In view of the facts we have stated, we have written for your consideration and we ask you to insert in the contract, a luncheon provision reading as follows: "3- Luncheon. The time for luncheon shall be designated by the Publisher. A full half hour for luncheon shall be allowed each man during each eight-hour shift, but no man shall be sent • to luncheon until he has worked at least three hours, nor shall he be kept from luncheon more than five hours from starting time, except in cases of emergency. When more than one hour's over- time is required at the end of a regidar eight-hour shift, a second luncheon time shall be allowed. Luncheon time shall not be a part of the regular hours of labor, nor shall it be paid for in the offices where the intervals between editions permit any press to stop so that the crew can go to lunch. In offices where continuous operation of the presses is necessary, if men take their luncheons in turns and the presses continue in operation, such half-hour luncheon time shall be counted as a part of the eight hours work." The New York Web Pressmen's Union No. 25 designates a branch of membership known as junior pressmen, which embraces boys employed as fly boys or carrier boys. It is the only Union that does. Duties of fly boys are to take papers from press folders and deposit them on a table or conveyor. Where an automatic con- veyor is not installed carrier boys transport papers from the fly to the mailing room. Inclusion of such occupations under jurisdic- tion of the New York Pressmen's Union was originally demanded by the Union on the assumption that such employes should be afforded opportunity to learn the trade, and in time become compe- tent pressmen. This theory, however, has not been borne out in practice. The situation today is that boys employed, at unskilled labor are made a part of ^nd have the voting power in an organiza- tion of presumably skilled workers, and the organization in which they hold membership negotiates their wage scale. After careful investigation, and to the best of our knowledge and belief, the New York Union is the only organization in the United States under the jurisdiction of the International Printing Pressmen's and Assistants' Union which designates such class of membership for the purposes mentioned. 4.31 We are asking in the contract we propose that we employ mem- bers of Web Pressmen's Union No. 25 in such numbers as are required for the operation of presses. The apprenticeship clause in our proposed contract provides for the employment of appren- tices in ratio of one to each press, and such employment provides opportunity to learn the trade of pressman. The contention may be made that fly boys and carrier boys are now members of the Union, and as such must be provided with employment. In this event, and provided the provision in our proposed contract for the employment of apprentices be written into the award, such junior pressmen as, are considered competent or fit may be employed as apprentices. If not competent or fit, obviously they would come under the cate- gory of unskilled labor, in which event they could hardly be consid- ered as qualified to hold membership in a union composed of pre- sumably skilled workmen. Preference in employment as fly boys or paper carriers would of course be accorded such men or boys as have been previously employed in these occupations. In press-rooms provided with automatic conveyors carrier boys are unnecessary, although their employment is demanded by the Union and their duty in many instances consists in applauding the manner in which the automatic conveyor does their work for them. Let us note the practice in other major cities : Boston Herald — Automatic carriers. Jurisdiction of operation lies with neither pressmen nor mailers. Boston Globe — Has no fly or carrier boys. Baltimore News — 'Pressmen .;do not have jurisdiction over transportation of papers. Fly boys' wage, $18 per week. Baltimore Sun — Pressmen have jurisdiction of papers from fly to mail room. Fly boys paid $18 weekly for day work, $20 -weekly for night work. Carrier boys, 40c per hour. Chicago , Hei?ald-Ex|aminer and American — Circulation boys take papers from fly to mail room. Chicago Daily News — Fly and carrier boys $18 weekly. Auto- matic conveyors. Chicago Tribune — Pressmen have no jurisdiction over trans- portation of papers. 432 Cleveland Plaindealer — Pressmen have no jurisdiction over any men except those engaged in actual operation of presses. Qeveland News — Pressmen have no jurisdiction over trans- portation of papers. Kansas City Star — Pressmen have no jurisdiction over handling of papers. Los Angeles Herald — Pressmen do not have jurisdiction over transportation of papers. Los Angeles Times — Pressmen do not have jurisdiction over handling of papers. Milwaukee Journal — Pressmen do not have jurisdiction after papers have left fiy. Memphis Journal — Pressmen do not have jurisdiction over transportation of papers. Philadelphia Inquirer — Press room has no jurisdiction on papers from fly to mail room. St. Louis Post Dispatch — Pressmen have no jurisdiction over transportation of papers. St. Louis Globe-Democrat — Pressmen do not have jurisdic- tion over carrying papers from press to conveyor or mail room. San Francisco — Pressmen have no jurisdiction over transpor- tation of papers to mail room. Seattle Times: Pressmen have jurisdiction but do not exer- cise it. It would appear from the foregoing citations that although in many cities pressmen have jurisdiction over transportation of papers from press to mail room, in others they have not. There is no question but that such work can be performed by unskilled labor, and that the work does not involve any knowledge what- ever of press work. We ask your Honor not to impose upon us 'the further necessity of negotiating with an organization composed presumably of skilled workers, for the employment of its members for the performance of commonplace tasks. Mr. Wardman : I have some data here that I want to take 433 up. I will be perfectly willing to. take it up later, if you will let me, because I am fed up with reading just at present. Judge Manton: I will be glad to. Mr. Wardman: I have some data here which I want to lay before you, which shows the whole thing in a nut-shell — what causes the cost in the New York presses, not merely the wages. Judge Manton: All right. It is now ten minutes after 12. Suppose we take that at 2:30. Mr. Wardman: Yes, sir. We can then clean that up. Judge Manton : Will that close your case ? Mr. Wardman: Very easily. Is there anything more than what I have said? Mr. Lester Jones : I want an opportunity there to go through the contracts and find out what is the best arrangement that any newspaper likes with apprentices, so that they can learn the trade. Mr. Wardman: I have done that. Mr. Jones : We have not yet had an opportunity to do that. Judge Manton: Then you feel you can close your case this afternoon ? Mr. Wardman : I think so. Judge Manton: Do you want to start in this afternoon with your case, Mr. Simons? Mr. Simons : We want to start as soon as they have finished. Mr. Wardman : I do not think I shall be very many minutes between half past two or two, or three, and you can go on from there. Mr. Simons: We will go right on as soon as you finish. ARTER RECESS Third Session Monday afternoon, 23rd January, 1922, at 2 :30 p. m. Mr. Lester Jones': I have two quotations from two books, one from the National Industrial Conference Board, and the other 434 from the Government Labor Bureau. The Union can have access if they want to these. We have two copies (handing papers). Judge Manton: Do you want to see these? Mr. Bernheim : Yes. Mr. Simons : We will look at them. Mr. Wardman: You were asking me this morning about re- ductions in wages, as to whether they had been made by arbitra- tion. We find that the reduction in Seattle of $3 a week was made by conciliation. The reduction in Cleveland was made by an arbitrator. The reduction in Detroit was by conciliation fol- lowing the Arbitrator's award in Cleveland. The reduction in Memphis was by conciliation. The reduction in Louisville was made by previous agreement. What I wanted to make clear was how these differentials which worked against us, pile up and pyramid up. The point that militates so severely against the newspapers in New York, is not merely that the night wage per hour in New York is $1.25, as say against 93c in Chicago, and 81c in St. Louis, and 67c in Phila- delphia, or 62c in New Orleans; that alone on the face of it is pretty severe, in the case of New Orleans when the hourly wage is double ; but when you carry that out for every man on the press, for every hour of the night, for all the presses, you have, for all the days in the year, it runs up into many thousands of dollars. Judge Manton: How many men are employed as pressmen in the City of New York? Mr. Wardman : It varies. Judge Manton : Approximately. » Mr. Wardman: It varies. I will have to give you the varia- tion. It varies between 1,000 and 1,100 or 1,500 or 1,600; would J be right? Mr. Simons: About 1,600. Judge Manton: How many men are in the Union? Mr. Simons: Every one of them. Judge Manton: What is the membership? Mr. Simons: About 1,800. 435 Judge Manton: Do you know how many tlnion Pressmen there are in the country? Mr. Simons: Newspaper pressmen — about 4,800. Around 5,000. Between 4,500 and 5,000. Mr. Wardman : You mean newspaper pressmen ? Mr. Simons : Newspaper pressmen. Mr. Wardman: Not what we call the job office? Mr. Simons : No. Mr. Wardman: We take our $1.25 rate, as against say 93 cents in Chicago, we have pyramided on top of that, of course, the fact that we get fewer hours work; and| if you take it by the day wage, that means you pay a higher day wage for two hours less work, and an hour and a half, whatever it happens to be. If you take by an hourly rate, which is the fair way to them to take it, it means that you are pushed into these other exactions that pile it up. Now, you can see, if we take the case of Philadelphia, our hourly rate at night per man is $1.25. The Philadelphia rate per hour is 67 cents ; but in Philadelphia they run four men on the press, a quadruple press. In New York they run six men on a quadruple press so that you not only pay four men some thirty cents an hour more than the four men are paid in Philadelphia, but you pay $15.00 in addition to that which is not paid at all in Philadelphia. If you go to the more extreme case, like New Orleans, where they pay 62 cents an hour, as against our $1.25 an hour, they have six men on an octujile press as against our ten men on an octuple press. Therefore, for every six men that they employ, we pay more than 100 per cent, on those six men, and then, in addition to all that 100 per cent, more than they paid on their six men, we pay $30 more per night for four men which they do not employ. Probably the simplest way and the fairest way — ^because I could show you in this way it pyramids up, where on a quadruple press, if it costs us in round numbers $7.50 an hour, it will cost some of these cities, not the minor cities, but the larger cities, who run four men on the press, $3.39. This, of course, is much more than double per hour. Where there happens to be a case of three men it works out 436 where the charge in that place is $2.62, per press, as against our $7.50 per press. There are a number of cases here which you will see on your tables, where you can work them out, where our quadruple will be in round numbers $12.50 per hour. An octuple with only 7 men on, at these lower rates, would cost only $6.18 per hour, and an octuple with only six men on would cost only $5.24 per hour with these other cities, as against our $12.50 per hour. When you carry that out in the hours of the night and carry it out as I say, probably the fairer way would be to take the average of 34 cities. The average per hour cost of an Assistant Pressman in those 34 cities is 0.874. The average for the Pressman in charge in those 34 cities is 0.975. Taking all the cities, like Philadelphia, Detroit* St. Louis, Baltimore, Los Angeles, San Francisco, Milwaukee, Cincinnati, where they use four men, as we have previously shown you, and in the exhibits which we put in under pressmen, three of these men are pressmen, what we call pressmen, but what are usually designated as Assistant Press- men, and one of them is the man in charge. You multiply the 0.874 by the three men in those cities, all those cities I have men- tioned to you, against this average, which makes it 2632, and you add the 0.579, of the man in charge and you have a total of 3597 in our case on that quad, doing the same work we have five men at $1.25 an hour, which amounts to $6.25, and we have one man at $1.41, which makes the total $7.66; in other words, the average of all these 34 cities costs them $3.59 an hour per press to run. It costs us $7.62 per hour per press, the same press, to run, which is more than double. In other words, on the mere wage and men difference, it costs to run a quadruple in New York City more than twice as much as it does to run the average quadruple in all these 34 cities. In the matter of the octuple, carrying out the figures in the same way, the octuple press that is run by 7 men in a city like Detroit, or Cleveland, Baltimore, Buffalo, San Francisco, Wash- ington and Milwaukee, they would even go lower on six. New Orleans is six — carrying it out on that I won't take the trouble to multiply it out because it is all' in the tables here — the difference is shown in this way; it costs $6.21 an hour to operate the 437 average press in other cities, octuple press, and it costs $12.66 an hour in New York City, which is more than twice what it costs in the other cities. . But that is not all, because your night press here virtually can be operated on these regular times only between 12 o'clock and 4 o'clock. There is in effect, imposed upon that $12 which we pay as against their $6 another 50 per cent., because all that cost that is applied in effect to the operation of the press for four hours and not six hours. And that is' not all, because some of the papers can not get their production out in the four hours, or four and a half or three and a half hours that they physically can use all ithe six hours that is allowed to them. They have to run; into this over- time I have spoken of, by starting earlier.^ If they have to start at 11 o'clock there is another cost superimposed upon that. If they have to start at 10 o'clock, there is another cost super- imposed upon that; so that the thing works out in actual cost, which is the test of this thing, not what your wages are, or what your hours are, but whether you can use them — not what the office conditions are, but whether you can use them — not what the office conditions, the union rules, the working conditions and the wages all put together do to you. That is what they do to the papers in New York. The details of it make it much worse than that. I can explain it to you this way : In New York, you call a crew in, we will say, to sit in this chair — they do not sit in the chair — I am making the thing very simplCj but they- go on this press, we will say. It may be for one reason or another that you want them to go on that press (indicating). Well, we can not go on that press. They might be doing you some good on that press; but they came in to go on this press, and if you want them to go on that press, you must call another crew in, and they can sit still, or you can pay them two nights' pay. It reduces itself to this, your Honor, that you call a man in to press this button, because some of his work is pressing the button, where the electric current does the work, and the machinery does the work — but if you want them to press that button— two days' work, twp days' pay for that. When you get all those things together, it is not only colossnl, 438 but insufferable, and before I begin to sum up, so to speak, or to show in a very few words what we have shown, I would like to speak about these exhibits. I have stated at the beginning, a great many of these things that I have stated here, are matters of fact. What the scale is, what the wage is in Boston, Buffalo and New York and anywhere else. If you require the proof of that, they are known probably just as well to the other side as to us — if you require the proof of that, of course, we are prepared to submit it. Judge Manton : I think we will take these, and if Mr. Simons wants to correct them in any way, he will do that. !Mr. Wardman: That is quita satisfactory, provided he makes the proper correction, which I am sure he will. Judge'^Manton : Provided he does make the proper correction. Mr. Wardman : We have copies of these contracts, I have no doubt all of them are in our general bureau, and it is just a mass of stuff that we have not undertaken to pile upon you, for the reason that this is just as well known as the hours of the clock — they are known to everybody. I also want to put in here at this minute, an exhibit of the Chicago Web Pressmen's Union scale, because I do not know whether I am to be restricted later or not, in putting in any further exhibits. Judge Manton : We will take them all from either side, right along. Mr. Wardman : Right along. There is no hurry about it, and it is just in case they refer to that. Probably, I may in answering them say something. That was my thought, and there is no need to put it in now if I am going to put it in later. Mr. Simons ; We have no objection to any exhibits being put in throughout the entire proceedings, as long as there is a date specified when we stop. Mr. Wardman : And as long as it is relevant. Mr. Simons : Most assuredly. Mr. Wardman : We have shown you that we pay more per day 439 than anybody else in the country. We have shown you that we get fewer hours per day for the greater pay than anybody else in the -country with three exceptions. We -have shown you that although we pay more per day, and although we get fewer hours of work for that larger pay, that we are compelled to put more men on the press than all these other cities that get more hours of work for their pay and pay less per day than we do with the two or three exceptions that are noted in our exhibits. We have shown you that because of the "straight jacket hours" that we are in, and that virtually no other papers in the United States are in, that we must pay more than the wage appears to be In the shape of overtime. We have shown you that because we can not use our own men as the requirements of the office call for their use, they might be called to run this press and run it live minutes, and have nothing more to do on that press, and they could not be put on this other press, which is a condition that does not exist throughout the country as it exists here in New York City. We have shown you that we pay more again, because of our lack of control of our own offices. I want to say very frankly now that we are much more con- 'cerned about the impossibility of our having the proper control that .a reasonable management should have for its own business, than we are over a wage scale. Our wage scale is higher, it is enormously higher than it ever -was before. It is the result of a war condition which these men are not responsible for and for which we are not responsible. We appreciate that if conditions ever became normal, these wages will in the nature of things have to go down, yet we have volunteered to these men, as we have volunteered to all of our men, that we want to hold those wages up, and did want to hold them up when we made this proposition a year ago to them, as long as we possibly can, if they will only meet us on these conditions that are hampering and restricting the business. They are hampering us so that we can not go ahead as we .have been going ahead. Our backs are to the wall. We have gone 440 the limit. It is not financially possible for some of the papers to go. on pouring more and more money into presses, because you can not get the results you want. It is not physically possible, because you need a ten-acre lot to dO' it in some instances, and you have not got any ten acre lots in New York that you can afford to operate on that basis. We want relief from what Mr. Berry described in this Brief which we read to you as an economic outrage. It is an economic outrage that men should get paid for doing nothing. It is an economic outrage for paying two men for doing one man's work. It is an economic outrage which does not benefit in the long run the Union itself. It is as fundamental as the rising and setting of the sun, that the more men produce, the more there is for them to divide, and the less men produce, the less there is for them to divide. The growth of the business has made more jobs than these men have made with their arbitrary rules; but if we had been restricted and held down and production had been strangled in the pressrooms, as it has not been anywhere else, the business could not have grown and have produced a situation today where there are 1100 or 1200 men working in this town at a minimum in the press offices, and 1500 to 1600 men on a maximum where 25 or 30 or 36 years ago when I jumped into the business there were but a handful of men. They do not gain anything by it. I have not a bit of doubt that these gentlemen will undertake to show to you as they have again and again, that when these reforms go into operation, and we certainly expect they are going to go into operation, that a lot of these men will be thrown out of work. It has not been so in the history of the business. It has not been so in the history of the world. When we put in linotype machines in the composing room, we heard the same thing, and there is not a composing room in the City of New York today that does not employ five times as many men as it employed before they put those linotypes in, because it permitted us to make money, because of increased productivity, and that is what we have lived on, and that is what makes jobs and you do not make jobs by drying up productivity and starving the business today. If we went on through all the departments, and if we were to 441 go on any further on the basis that these gentlemen go on, by strangling productivity, by keeping ourselves 'from making the money, why, we would all be like Adam Smith said, if we had stuck to these old rules that had been established by our fathers, and our grandfathers — and I do not think the young ladies will object to my mentioning it — he said that if we had followed the advice of our fathers and not changed these things, that we would still be running naked in the woods, and living on roots and berries. We have got to get further if these men will meet us, and if you compel them to meet us for their own good, because we are asking you to impose this contract on both of us — ^there will be a complete revolu- tion of this business on economic lines j there will be free production. We leave it to you to fix the wages. Then, there will be right and justice and where the office which is responsible for the conduct of its business, and which will provide the machinery and materials to get out the paper, can decide what is the best thing to do, and how many men do the best on here, and how many men are required for this job. That is all we ask, and it is everything because it is the complete revolution of the business. We are not standing on any predecents. The sine qua non of our going into this arbitration business is that we got off to the jumping-off spot, so that we arbitrate on conditions and begin de novo, without any relation to the past except in so far as that might guide us as to what men do and can do, and we try to show that here by the rest of the country, and what men ought to have for doing what is right. We want to build up a new contract, and we are prepared at this moment to show you the contract that we think would do the operation, and we will put that in as a suggestion. That is the kind of contract we ask for. I do not think this applies to you, gentlemen. I think you have seen most of this (handing paper). I do not think there is anything else. That closes our side. Judge Manton : That closes your side of the case ? Mr. Wardman : Yes. • Judge Manton : Now, Mr. Simons, you start in. 442 CASE FOR THE UNION AND EMPLOYEES Mr. Simons : Your Honor, and Gentlemen of the Board, I would like to ask a question of Mr. Wardman before we go into our side of the case. Would you kindly let us know just what office you referred to, where the men were going to the ball games ? Mr. Wardman : I think if you study the thing the way it came about was that it did not so state. It said men might be off for this or the other reason, as I recall it. I have a pretty good memory, but not good enough to remember everything I said. Judge Manton : I did not understand you to say that any men went to the ball game but that they might go. Mr. Simons : Pardon me. That is what I thought you said. I may say that I go there myself. Mr. Wardman : I meant to say they might deliberately go, and L think I used the word "deliberately." I think I used the word to that effect. I think I said they did go to the ball game. Mr. Simons: That is our Brief. We will let you have our copy right off the reel, so that you will not have any trouble. (Hand- ing Brief to Mr. Wardman and also to Judge Manton.) Of course this Brief, your Honor, is the first Brief that we have submitted on wages. We have another which will take in shop conditions. Mr. Wardman: That is the entire Brief? Mr. Simons : It is the wage scale Brief. We have another which will take in shop conditions, but what is contained in this Brief will also cover the shop conditions to a certain extent. Judge Manton: All right. You can sit down if you like. Mr. Simons : I would rather stand. I am kind of short. Mr. Wardman: You won't like it so much after you have been at it for a while. Mr. Simons: After I have been tired of it, I will sit down. (Reading). Before presenting our arguments for your consideration we wish briefly to outline the negotiations which have taken place be- 443 tween ourselves and the Publishers' Association since February, 1921 ; also to lay before you what the issues, as we see them, are, that you hive been called upon to decide. REVIEW OF NEGOTIATIONS. Prior to the expiration of the last contract, viz., Feb. 28, 1921, the Union presented to the Newspaper Publishers' Associa- tion a proposal to renew the old contract with the following changes : Judge Manton: Let me stop you there. Whatever decision I arrive at, you want it from the date of the decision ? Mr. Simons : We have agreed amongst ourselves that the con- tract was to go into efJfect according to that letter, from February 28th. Am I right? I am taking your side of the case, Mr. Ward- man. Mr. Wardman : 1922, that is stated. Mr. Simons : Yes. Mr. Wardman : I also would like to say, not by way of putting in here, or trying to interrupt these proceedings, but it was our understanding, and we have ruthlessly adhered to it, that we would not quote or reveal anything that took place in those negotiations. Was not that your understanding? Mr. Simons: Most assuredly. If you see anything in there, just call my attention to it. Mr. Wardman : I thought perhaps you were getting into it here. Mr. Simons: No. We live up, strictly to that. Shall I go ahead ? Judge Manton : Yes, go ahead. Mr. Simons (Reading) : "(1) That the wages of all members of the Union be increased $10.00 per week. ",(2) When day men arejrequired to perform work on a morning paper after their day's work is finished, they shall receive night overtime. "(3) That double time be paid for work on all legal holidays throughout the 24 hours— both day and night shifts. 444 "(4) All substitutes shall receive one dollar per day or night over the regular scale providing they work less than 6 days or nights a week. Substitutes shall receive one dollar for each night or day that they appear on the sub line and are not engaged for work. I might explain that last section in this respect, that we have men continuously coming down for work, and they are not put to work. They are all on. They are sent home. Every day or night they come down to cover the office. They do not work steady. As an instance, we will take the News. They have a shift of men coming in at 9 o'clock. They have another shift coming in at 11 o'clock, and they have another shift coming in at 12 o'clock. These substitutes have to cover that office at 9 o'clock, or some times 8 o'clock, then cover it again at 10 o'clock or 11 o'clock, and then cover it again at 12 o'clock, and lots of times they go home and do not get any work at all. Mr. Wardman : These I understand are substitutes. They are not regularly employed men. They are looking for work. Mr. Simons : Looking for work, good, competent pressmen, who hold Union cards. Judge Manton : The idea is when they do work they get this extra dollar. Mr. Simons : That is the idea, and when they do not work we ask that the office using them, as long as they follow that office up <;ontinuously, that the office pay them this extra dollar. They have to spend carfare. Judge Manton : Even if they do not work ? Mr. Simons : Even if they 'do not work. As long as they tover it, the office regularly, because on two nights especially or two days, the office uses them. They need them very badly then, that is Friday and Saturday. Mr. Kreitler: Sort of service charge. Mr. Simons : That is all. There they are at the disposal of the office, and if they do not show up, your Honor — Judge Manton : If they report for work and do not get it, they get a dollar a day ? 445 Mr. Simons : A dollar a day. Judge Manton: Even if they do not work? Mr. Simons : If they do not work. Judge Manton: As substitutes, they get the dollar extra? Mr. Simons : Yes, sjr. These men are substitutes, but if they do not show up this one night a week they happen to be needed, they are discharged or put on the end of the sub-list ; they are penalized for not showing up when the office needs them. Judge Manton: I see your point. Mr. Wardman : May I interrupt, trying to save time later, sa we won't have to take it up in the rebuttal, or you will have tO' take it up in the rebuttal, whatever you call it, as you have long ago discovered, I am not an expert ; but will you say to his Honor, that if these men went round to the News, to see if there was a job, they would get a dollar, and if they went round to the Ameri- can, they would also get a dollar, and if they went to eight other offices, they would get $8.00 more? Judge Manton: He says, to the office to which they are at- tached. Mr. Wardman : They go from one office to another. Mr. Simons: They do not, your Honor, if you please. They do not unless those require them. They first go in their regular office, because if they do not go, they would either be discharged or be put on the foot of the line. I am only talking about the regular substitute who covers the office regularly- That is all I am talking about. Of course if they do not get to work, then they get the dollar, and if some other office needs him he is entitled to it. (Reading) About the same time the newspapers submitted a proposal to the Union which called for a reduction in wages and drastic changes in all important working conditions. This proposal was later withdrawn, and, the Union representatives were invited to meet the Newspaper Owners on Feb. 22, 1921, which invita- tion was accepted. At the meeting on Feb. 22nd all former proposals were dis- regarded, and the Newspaper Owners submitted new proposals in letter form bearing the above data. A second meeting was held 446 on March 17th, 1921, at which the Union replied to the letter of the Newspaper Owners of Feb. 22nd. At this second meeting sub-committees were appointed by both sides for the purpose of ■settling the terms of a new contract. Their efforts at conciliation lasting several weeks finally failed. The understanding of February 22nd provided that the points of difiference were to be submitted to a Board of Arbitration, in accordance with the universally existing customs in the event that the sub-committees were unable to settle the issues by conciliation. At this time the sub-committee representing the newspapers proposed that the Arbitration Board should consists of three disin- terested men in addition to any number of representatives of both sides. The Union refused to agree to this proposal maintaining that there should not be more than one outside man on the Board, in accordance with all existing precedents. This difference caused a delay of several months, after which the Publishers' sub-com- mittee finally agreed to withdraw their demand for three outside arbitrators and to proceed as formerly with the one disinterested chairman of the Arbitration Board. Following this, further efforts were made at conciliation without avail, during which time the Union representatives endeavored to bring about an agreement by specific mention of the points to be arbitrated. This the sub- committee of the Newspapers absolutely refused to do. Subsequently other disputes arose on the points to be arbi- trated, the Newspapers insisting that everything in general without specific designation be submitted and the Union contending that certain conditions that had always existed and which were provided for in the constitution and by-laws of the International Printing Pressmen and Assistants Union were not subject to arbitration. This last disagreement was finally overcome on January 3rd, 1922, by the Union's agreeing to withdraw its objections but reserving the right to bring this point of view to the attention of the Arbitration Board. The Union contends that the sub-committee of the Newspapers purposely delayed negotiations and is making demands for revolu- tionary changes in the established working conditions merely in an attempt to prevent the Utiion from securing the proposed increase in wages. Delay was considered advantageous to the Newspapers because of the anticipated decrease in living costs. The demand for 447 a drastic revolutionary change in working conditions was calculated to place the Union on the defensive and detract from the merit of its demand for an increased wage scale. The latter move has been one of the favorite tactics of the representatives of the Newpapers in this city, in proof of which we quote from former arbitration proceedings as follows : 1. President Rouse of Typographical Union No. 6 in the arbitration proceeding before John Mitchell, July, 1918. "But what is it the Publishers ask? "In these papers submitted to you, Mr. Arbitrator, we believe we have given conclusive evidence that the admission of any of the amendments of the Publishers, nearly all of them of a revolutionary character, would result in a decrease in wage and character would result in a decrease in wage and a most outrageous limitation of hours of labor. "As intimated before, we don't believe the Publishers are serious in this matter. "We believe the thought that actuated the offering of the amendments*was the one expressed by a representative of the Publishers at a meeting of the Joint Conference Committee, to wit : 'If we have to go to arbitration, let's get all we can.' " 2. Statement of Mr. Polachek representing the Publishers' Asso- ciation in arbitration proceedings between the Typographical Union' and the Publishers before Arbitrator, Mr. Frank Morri- son, May, 1919. "Mr. Polachek — I will continue to read our brief : " 'The Publishers are not opposing the demand of the Typographical Union on any" ground except that it is exorbitant and unwarranted either by business conditions confronting the Publishers or by the necessities confronting the Typographical Union members. " 'If the arbitrator feels that the members of the Typo- graphical Union are entitled to any relief at all in the matter of wages, the Publishers would ask the Arbitrator to consider the necessity of the Publishers and give them some relief in working conditions which might, in a measure mitigate the charge against the Publishers.' " 448 The same thing we say is happening in this particular case. Our friend Mr. Wardman stated that the wages do not bother them — give us the conditions. Our contention is that our conditions are no more than fair and just, and that we would rather have our conditions than money; and after we get through this case and submit our evidence, we will prove conclusively that we are right and just in every contention that we raise. There is no question about it at all in our minds, that everything that we contend will be backed up with evidence and nothing else. No loose statements will be made by counsel for the Pressmen's Union. The statements will be backed up with the strictest kind of evidence and can not be questioned. (Reading) In this case differences between the Union and the Publishers which never have been submitted to arbitration are to be presented to this Board for decision. The issues include most of the important conditions of employment which have been in effect and mutually agreed to year after year for the past thirty years. There has been no agreed statement of facts prepared for the information and convenience of the Arbitration Board, although the Union representatives proposed this course prior to the selection of the Chairman of the Board. The Union therefore, is in the position of not knowing definitely just what issues the Newspapers intend to submit to you for adjudication, and likewise are denied the opportunity of apprising the Newspapers of the ones they themselves are going to raise. In view of the foregoing the Union assumes that the main points to be presented to thf Board by the Newspapers are, in addition to- the wage question : 1. Regulation of the number of men to comprise the press crews on the various sizes and kinds of presses. Presumably; that the number of men now and for the past thirty years employed to operate newspaper presses shall be reduced. 2. Regulation of the hours of night work. Presumably : that the number of hours of night work be increased and furthermore that the pressmen be subject to call at any time during the night, instead of having his time restricted, as hitherto. 3. Changing the basis of computing the compensation for over- time work. Presumably: that overtime pay be computed 449 in five to fifteen minute periods, instead of by the hour as at present. 4. Changing the n:ieal time regulation. The existing condition is that the men are allowed a half hour for meals every five hours at the office expense, except on six hour shifts. 5. Transfer of men from one press to another. Heretofore this has been done only in the case of a breakdown of machinery or unusual conditions over which the Employers have no control. I might say before I go further that we have submitted a copy of our old agreement with a copy of our new one, that is the new one we expect to have. Judge Manton: That new one is this, Mr. Simons, is it? (indi- cating). Mr. Simons : That is it, on that sheet of paper. That is the old one (indicating). Judge Manton : This is your proposed agreement ? Mr. Simons : Yes. (Reading) : We are now ready to proceed with the presenta- tion of our case. The brief before you will cover only the wage question. Shop conditions we will treat of in a separate brief which we will introduce at a later session. We believe that by this pro- cedure the various issues will be better clarified than were they all treated of together. We do not, of course, maintain that the various points that will be taken up are in all^^respects independent of each other. In fact, much of what we are going to say here will have an important bearing on shop conditions; and much of the evidence we shall introduce on shop conditions will throw light on the wage question. But as a matter of orderly arrangement, we feel that the course we are following is highly advisable and we are sure you will concur in this. BACKGROUND OF THE NEW YORK NEWSPAPER INDUSTRY. As an introduction to the points at issue, it may be helpful to touch upon the industrial background, and the general' situation of the two parties to the dispute. 450 I. Situation of the Newspaper Publishers. A. Sources of Income. The Newspaper Publishers are proprietors of great business enterprises which depend chiefly on advertising for their income. The advertising in turn arises from the industry and trade, and from the immense needs for goods and services, of the thousands of business establishments and millions of persons centering about this great world metropolis. In order to estimate the security and resources of the newspapers, therefore, we must look into their control of the advertising field, and into the magnitude of the field itself. B. Control of the New York Field. The great daily newspapers, with one exception, depend for their popularity chiefly upon their ability to furnish news to the reader, news not only of local affairs, but of national and inter- national importance. The news outside of the city a publisher cannot secure in a satisfactory way without membership in the Associated Press, unless he is in a position to start a gigantic news service of his own. Membership in the Associated Press is not free and open to any applicant; it cannot be obtained without the consent of the newspapers already in the field. Tlys means, in practice, that no new membership will be granted in New York, and that the papers now in the field will continue to monopolize it. They are thus practically secure against new com- petition except from such few papers as may arise depending not on news, but on pictures or some other special features. They v/ill continue to divide between them all the newspaper adver- tising done in New York. Moreover, their business is almost noncompetitive with anyone outside of the city. In an ordinary industry, furnishing a com- modity of nation-wide distribution, the manufacturers of one city come into active competition with the manufacturers of another. Not so in the newspaper business. An advertiser cannot choose, in an effort to reach the New York market, whether to buy space in a Boston paper or in a New York paper. He must choose the New York medium. In local advertising campaigns, therefore, the New York publisher will never meet the competition of the outside publisher. In national adver- 451 tising campaigns, however, he holds such a position tfeat he can successfully compete against the out-of-town publisher. For it is unheard of to undertake a national advertising campaign with- out depending largely on the New York papers, furthermore, the New York papers sell enormous quantities of syndicated services ' and sections to papers outside th%city. The position of New York as a metropolis gives its newspapers a unique position in general. The Editor and. Publisher in an editorial note of Sept. 3, 1931, puts well the gigantic size of newspaper business. "That ours is a nation of daily newspaper readers is shown by the census figures of 1919, just published, which give the total circulations for that year as 11,270,559,316 copies, or 106.6 per capita. This is at the rate of 32,735,937 copies a day. That we are a nation of newspaper advertisers is evident from the value of the amount of advertising carried, $407,760)301. These figures give some idea of the newspaper business." That the newspapers have an advantage over other advertising mediums is shown by the fact that while during the recent in- dustrial depression the advertising lineage in monthly and weekly periodicals fell ofif considerably, newspapers carried almost as much advertising as at the very peak of prosperity. We shall substantiate this statement in detail in a subsequent section. C. Magnitude of the New York Field. The tremendous advertising field which exists in New York City, and which these few newspapers control, can be best ex- pressed by quotations of a very few sentences from an 80 page illustrated booklet recently issued by the New York World, entitled, "A Key to the World's Greatest Market." These sen- tences show why advertisers choose the New York papers not merely to sell their goods to the inhabitants of the city, but to the nation as well. "Within a decade New York City will be the leading financial center of the world. The resources of New York's largest bank are now comparable to those of the Bank of England. The capital of the two largest combined, exceeds that of the Bank of England by $7,500,000, their deposits are $234,504,310.50 greater. Wall Street threatens the supremacy of Lombard and Fleet Streets, London." 452 "The greatness of New York's harbor, its immense foreign commerce, and enviable situation with respect to the interior of the country, the President of New York's Merchants' Association beheves, are the cornerstones of New York's greatness. With a magnificent waterfront of some 800 miles and an inner water belt- line; linked to the Great Lakes by the Erie Canal, and to New England by Long Island Sound, and to the rest of the country by a vast net-work of railroads, and without the necessity of crossing any mountain range, New York has physical advantages that are unapproached by other world ports." "In 1917, exports passing out of New York's harbor had a greater value than the combined exports of Asia, Africa and Australia. The imports coming through its customs lines exceeded in value those of the continents of South America, Africa and Australia together. "The port of New York now handles substantially half the foreign commerce of the United States." "New York City is the center of national finance. It has 20 per cent, of the banking assets of the United States of America." "New York is the greatest industrial center of the country, if not the world. "On June 30, 1919, the State Industrial Commission reported a total of 46,887 factories in New York City, 32,323 in Manhattan, 10,496 in Brooklyn, 1,801 in Bronx, 1,962 in Queens and 305 in Richmond." "New York factories have an annual output of nearly two and one-half billions of dollars, one-tenth of that of the United States." "The New York Metropolitan District produced one-seventh of the nation's manufactured products in 1914, exceeding the products of the factories of the Southern States." "Because it is not only the Metropolis of the East, but of the whole United States, and financial and trade capital, New York City has a trading area correspondingly greater in size and im- portance than that of any smaller and less important American city." 453 "Most of the great corporations in the country have offices in New York City." "New York sells to all America." "This is shown most conclusively by the great number of pro- fessional buyers that 'make' New York regularly from near and far. In addition, the hordes of daily, weekly or periodical shoppers who visit New York make the figures of the statisticians of other American cities shrink into insignificance." "295,814,352 persons were handled by the railroads and ferries of New York City in 1920." "More than 500 conventions are held in New York each year by business, fraternal, scientific and other organizations." "Last year 100,000 professional buyers registered at New York hotels." "The total number of visitors has been variously estimated at from 100,000 to 600,000. It is safe to say that they number 200,000 per day (not including commuters)." "Within a single square mile are hotels enough to house and feed 50,000." "If the 200,000 who arrive each day, stay for a period of three and a half days, we have a total of 700,000 visitors in the city at all times. And the majority of them are liberal spenders. If each has a $50.00 bill in his pocket when he arrives, the potential buying power represented is $10,000,000 per day." "In New York's fourteen colleges and universities are 78,561 under-graduate students. In twenty years, at the present rate of increase. New York's college students will number a quarter of a million." "New York is the headquarters and the producing center of the theatrical business of the United States." "In art. New York is America's Paris ; in music New York is Italy; in literature all the great cities of the Old World rolled into one." "New York has four great law schools and thirteen medical schools of prominence. There are thirty-three music schools, 454 fifteen technical schools, seventy-seven preparatory and forty- nine business schools, and Schools of Journalism, Theology and Fine and Applied Arts." "The very fact that New York leads the country in the reaay- to-wear industry, which is the third largest in the United States, points to the tremendous importance of this city as a fashion center." "The New York Metropolitan District contains a million in- habitants more than Belgium and only 57,549 less than the Do- minion of Canada." II. Situation of the Union. A. Unique Situation of the New York Pressmen. Like the newspapers for which they work, the men who run the presses occupy a unique position. But since these men are wage-workers rather than profit-seekers, the situation which re- dounds to the financial benefit of the Employers acts chiefly to increase their duties and responsibilities. To a newspaper, the time of production is a crucial factor. "First on the Street" is the aim of every publisher. Every increase in advertising space, therefore, and every increase in circulation, leads to the introduc- tion of heavier, faster and more complicated machinery, and increases the responsibility demanded of, and the strain put upon the workman. Later, under our discussion of Shop Conditions, we shall give a more detailed description of these matters, but it is important at the very beginning to have a general idea of the pressman's situation. The pressroom is usually located in a sub-cellar, where work must be done by artificial light. The ventilation is inadequate to carry off the dust caused by rapidly flying rolls of paper, of the smells of ink and grease. The presses themselves are tremen- dously heavy and complicated pieces of machinery, operating at a high speed, and making a terrific jar and noise. The pressman occupies somewhat the same position as the engineer of a great steamship; he must prepare the presses for their run, see that they are properly oiled, thread the great rolls of paper, and be constantly on the alert for anything which may go wrong during the run. The tension of the paper must be kept at exactly the proper point lest it break and jam the rollers. The slightest acci- 455 dent to the machinery while the press is operating at such high speed may put it out of commission for some time, therefore it must be instantaneously stopped at the first sign of trouble. And the penalty for the smallest failure in alertness is likely to be the loss of life or limb to the pressman himself. All this work and responsibility is performed, not at leisure, but under the strain of the incessant demand for haste. In size of presses, in length of run, and in importance of speed, the New York newspapers naturally exceed those of any other city. THE COST OF LIVING. Introduction. An important, though by no means the only basis, for the Pressmen's request for an increase in their wage scale is the question of the cost of living, and it iS necessary, therefore, to discuss this matter in some detail. There are two dififerent approaches to this subject. One is from the point of view of the actual cost of living in dollars and cents according to a set standard ; the other from that of the change of the price level between certain dates without regard to any standard. In other words the first implies the question, "What quantity and quality of goods and services are needed to administer adequately to the needs of a given family, and what would be their cost for one year on the basis of today's prices?" The second implies the following: "How much money does a given family need today to enable it to buy the same quantity and quality of goods and services which it bought at some former time ?" What these goods and services were at the former time does not enter into the scope of this question. The distinction is obvious, and it is important in these pro- ceedings as well as in all others in which a wage scale is being fixed. We shall try to convince you, Mr. Arbitrator, that the first approach is the proper one for you to take when considering our scale in relation to the cost of living. But also we expect to prove to you that we are entitled to the increase we are requesting at your hands even considering solely the changes that have taken place in the retail price level from 1914 to date, accepting our 1914 standard, wholly inadequate though it wjis to satisfy our legitimate needs and aspirations. 456 THE BUDGET FOR THE SKILLED WORKER. L The Standard of Living. A. General Considerations.- Before the cost of living can be determined in terms of money, it is necessary first to define the standard of living in terms of commodities and services. Obviously, there are innumerable standards, ranging from the level of the meagerest animal exist- ence, to that of the highest luxury. In a scientific wage adjust- ment such as this, it is necessary first to settle upon the proper standard for the group under consideration. The Union is not seeking for its members any level approaching luxury, but, on the other hand, it strongly maintains that every consideration confirms its right to a level far above a mere existence or even a minimum health and decency level. As honorable, useful, and important members of the community ; as men of training, educa- tion, and skill ; and as essential workers in an essential industry, they seek a standard suitable to their position. In these proceedings, Web Pressmen's Union No. 25 is present- ing a budget which ought to be brought within the reach of its members. It has given this standard the name "Minimum Budget for a Skilled Worker." It has defined the budget with absolute precision by listing each commodity and each service which go to make up the whole, and also the quantity of each required for the commonly accepted standard family of five, during one year. Thus the Arbitrator and the employers as well have the oppor- tunity to analyze this standard budget in its minutest detail. Web Pressmen's Union No. 25 is confident that the conservatism of its claim will remain unchallenged for it is striving for a level which is no more than consistent with the qualifications of its members and their importance both in the economic and social structure of the community. B. The "Budget for the Skilled Worker." The basis for the budget herewith presented is the "Minimum Quantity Budget Necessary to Maintain a Worker's Family of Five in Health and Decency," published in the June, 1920 issue of the Monthly Labor Review (See Exhibit 1). This, in turn, is but a modification, with only a few unimportant changes of another budgetary study made by the Bureau of Labor Statistics 457 in the summer of 1919 and published in the Decemh'er, 1919, Monthly Labor Review under the caption "Tentative Quantity- Cost Budget Necessary to Maintain Family of Five in Washing- ton, D. C." By examining the Washington budget we can learn what the Bureau of Labor Statistics considers a minimum of health and decency level. On pages 23 and 24 of the December, 1919, Monthly Labor Review appears the following: "Finally, after long consideration, it was decided to use as a working basis a budget level which can be best expressed perhaps by the phrase 'a standard of health and decency.' The phrase is not entirely precise in meaning. No phrase of the kind can very well be wholly satisfactory. The budget here suggested is in- tended to give to the average family, consisting of husband, wife, and three children below the age of 14 years : 1. A sufficiency of nourishing food for the maintenance of health, particularly the children's health. 2. Housing in low-rent neighborhoods and within the smallest possible number of rooms consistent with decency, but with suf- ficient light, heat, and toilet facilities for the maintenance of health and decency. 3. The upkeep of household equipment, such as kitchen utensils, bedding, and linen, necessary for health, but with no provision for the purchase of additional furniture. 4'- Clothing sufficient for warmth, of a sufficiently good quality to be economical, but with no further regard for appearance and style than is necessary to permit the family members to appear in public and within their rather narrow social circle without slovenliness or loss of self-respect. 5. A surplus over the above expenditures which would permit of only a minimum outlay for such necessary demands as: (a) Street car fares to and from work and necessary rides to stores and markets ; (b) The keeping up of a modest amount of insur- ance; (c) Medical and dental care; (d) Contributions to churches and labor or beneficial organizations; (e) Simple amusements, such as the moving pictures once in a while, occasional street car rides for pleasure, some Christmas gifts for the children, etc.; (f) Daily Newspaper." ■ 458 Obviously this provides for a very sparse level of life. The Bureau of Labor Statistics itself admits that it "represents a slightly higher level than that of subsistence." (M. L. R., 12/19, p. 23). It goes even further than this in its criticism of this standard of living. On page 25 (op. cit.) it says: "It needs to be emphasized that the budget level adopted in the present study is in no way intended as an ideal budget. It was intended to establish a bottom level of health and decency below which a family cannot go without danger of physical and moral deterioration. This budget does not include many com- forts which should be included in a proper 'American standard of living.' Thus no provision is directly made for savings other than insurance, nor for vacations, nor for books and other educational purposes. On the other hand, a family with the items listed in this budget should be able to maintain itself in health and modest comfort. It would have a sufficiency of food, respectable clothing, sanitary housing, and a minimum of the essential 'sundries.' " The worker's budget — which as stated before — is virtually the same as the Washington budget discussed above — in spite of its many manifest deficiencies furnishes a fairly satisfactory starting point for the preparation of a minimum budget adequate for the needs and aspirations of a pressman and his family. It lists about 400 commodities and services all of which are required by every worker's family. By increasing the allowance provided for certain items, and by adding other items which are not included at all we can arrive at a reasonably satisfactory minimum budget to which the type of worker and citizen here under consideration is entitled. We shall now detail all the changes from and additions to the Gov- ernment budget that we have made, together with the reasons which we feel justify such changes and additions. 1. Food. The only additions to the food item were five important spices and condiments, including salt and mustard, which, how- ever, add only $4.66 to the budget. Nothing less than an ex- tensive dietary study would have been adequate to justify any changes in the quantities allowed by the Government, and the Union, therefore, accepts this portion of the budget without further modification. 459 2. Clothing, a. Husband. Only one summer and one winter suit are allowed the husband every three years according to the Government budget. It is difficult to imagine how this can be considered adequate for respectability and decency even if the most scrupulous care is taken, especially considering the fact that no extra suit is allowed for Sunday, Holiday, and eve- ning wear. The alloyvance for a summer suit, therefore, has been increased to one every two years, as in this climate more use in general, is made of a summer than of a wmter suit. One winter overcoat every four years is all that the Government budget allows" the husband. Furthermore, no provision at all is made for a raincoat or light weight coat. This obvious deficiency is remedied somewhat by providing for a new winter coat each three years and by adding a raincoat which can be used when a wintei coat would not be serviceable. The Union budget allows three winter union suits instead of two. The "dress shirt" allowance has been doubled trom one to two. By "dress shirt" is meant a silk or madras shirt with detachable collar and suitable for evening or Sunday use. It would seem impossible to get along with less than this amount, especially considering the fact that provision is made for only five work shirts. Ties are increased from two to four, and provision is made for a pair of bedroom sHppers every three years. The Government allows but one pressing and cleaning of a suit a year. The absurdity of this is too self-evident to require comment. In the Union budget a pressing and cleaning every three months is allowed. Finally a cheap watch every five years is included in the budget which the Union offers, Almost every worker carries a watch, and this article is virtually a necessity. b. Wife. A new summer coat every three years is provided for the 460 wife in the Union's budget. The only coat allowed by the Government is a winter one every three '^ears, which cer- tainly is inadequate both from the point of view of comfort and appearance. The Government budget denies the wife every article of apparel not absolutely essential for health and decency. Few would deny, however, that a woman even in a worker's family is entitled to some few articles each year which serve to some extent as adornment. For this reason the Union has added to its budget a cheap fur piece once in five years, a pair of kid gloves every other year, a silk dress once in three years, a pair of dress slippers every other year and two pairs of silk stockings annually. House slippers and a bungalo apron, two articles necessary for the woman who wishes to preserve a neat appearance while in the midst of her household duties, were also added. These items should really be considered as economies in that they serve the purpose of saving the more expensive street and dress clothes. Judge Manton : Now, I think we will have to stop there. It is an unfortunate place to stop, when you have to think of the wife's clothes. Mr. Bernheim: I was going to suggest that your Honor will read this brief any way, and we" will skip a good part of this which merely details the changes. Judge Manton : You might make some argument about it, but just as you like. Mr. Simons: We can skip it, that is, the ex;tra expense at- tached to wearing apparel amongst the pressmen, and we can let the rest go, and your Honor will read it. Judge Manton: Do not hesitate about reading it if you wish. You may want to discuss some of the items which appear to you as you go along, but just as you like. Mr. Simons : It is hardly necessary. Judge Manton : What time tomorrow morning ? 10 o'clock ? Mr. Simons: It will suit us. 461 Judge Manton: We will probably be finished tomorrow. Mr. Hardman : Will you keep this brief, Mr. Simons ? Mr. Simons : You keep it. We did not have that privilege, but we will leave it with you. Mr. Wardman : You may not trust me after 30 years. Mr. Simons : We know you too long. We think too much of you. Mr. Wardman: Will you take care of that brief, Mr. Jones? Mr. Lester Jones: Yes. Adjourned until Tuesday, January 24th, 1922, at 10 o'clock a. m. FOURTH SESSION. Tuesday, January 24th, 1922, at 10 o'clock A. M. PRESENT: The Board of Arbitration. Appearances of parties as before. Judge Manton : Now, Mr. Simons, you may proceed. Mr. Wardman : Before you begin, you asked yesterday for us to find out the name of the office that reported that you had threatened. I find it was in my own office. It was reported by the mechanical Superintendent. Mr. Simons: What foreman, morning or evening? Mr. Wardman : I think he said the morning ; but Martin reported it and said he was present and that what was said was, "If you don't look out, I guess I'll have to give you what I gave Breen." Mr. Simons : I do not deny that. When the time comes we will answer that. Judge Manton: You may go ahead. Mr. Simons (Reading) : Two winter union suits are allowed instead of only one as in the Government Budget, and cleaning 462 and pressing of a suit is' provided for four times a year instead of only once. Finally the Union budget eliminates the making at home of any items, and provides for the purchase of all things ready made. It is believed that this will be considered a reasonable procedure by any arbitrator, when he considers all the other duties that fall upon the shoulders of the wife in a worker's family. Certain items of the children's apparel which the Gov- ernment budget provides are to be made at home, are, similarly, computed as ready made in the Union's budget. c. Boy of 12. — Only trifling changes have been made in the budget for the boy of 12. He is aillowed two pairs of ov.eralls instead of only one, for it was felt that ample provision of this all important article for a growing boy would, in the long run be rather aru economy than an extravagance. He is furthermore, allowed thi4e winter union suits instead of only two, thus mak- ing a total of six per year. Finally, eight in place of six hand- kerchiefs per year are provided for. d. Girl of 6. — No new articles are added to the budget for the girl of six, but in several cases larger replacement is provided for in the Union than in the Government budget. The Govern- ment allowance for many items is so pitifully small as actually to be inconsistent with mere bodily cleanliness. For example, only one summer nightgown is allowed per year. This the Union budget has increased to two. The Union budget also provides for three sets of winter underwear instead of two ; for two winter nightgowns instead of one; for two aprons instead of one, and for eight handkerchiefs in place of six. e. Boy of 2. — The Union adds only one new article to the budget for the boy of two, namely a pair of leggings every other year. This it considers a necessity. It increased the allowance, however, for certain other items, where the Government estimate is even more exaggeratingly inadequate than in the case of the other members of the family. The increases are as follows : Summer nightgown _ from 1 to 2 Winter undershirts from 2 to 3 Winter underdrawers.....,.- from 2 to 4 Winter nightgown from 1 to 2 463 3. Household Equipment. The following articles of household equipment have been added to the Union's budget: Furniture Bookcase 1 Reading lamp 1 Medicine chest 1 Mantle clock 1 Alarm clock 1 Prints or photographs 3 Trash baskets _ 2 Wash basket 1 Furnishings Wash rags 10 Bath mat k 1 Pillows for settee * 2 Curtains, net 3 Floor cloths 6 Utensils Carpet sweeper Scrubbing brush Wire brush Shoe brush Whisk broom and dust pan.. (Note: It should be borne in mind that the budget pro- vides only for a 7% annual replacement on all household equip- ment.) The Government budget makes no provision for any article other than those necessary for bare comfort and health. The Union claims the privilege of the worker to possess a few things which tend chiefly to beautify his home. Thus, provision has been made for such items as a mantle clock, a few colored prints or photo- graphs to cover the otherwise empty walls, and three pairs of net curtains for the windows. A few other articles, though serving the same purpose are really necessities as well, as for example, a bookcase and a reading lamp. The remainder of the items are pure necessities which should not b.e omitted from any proper budget. 464 4. Housing. — The Government housing allowance for a work- er's family of five is five rooms and a bath. The apartments for which rent quotations were obtained for the purpose of this study averaged 5.06 rooms. This is for all practical purposes identical with the Gov- ernment allowance, the slight increase being more than justified by the fact that the budget here presented is intended to provide a somewhat higher level of living than does the Government budget. 5. Miscellaneous. To this division of the budget the Union has added several items which it feels should not be omitted from the budget of a skilled worker's family. These additional items are listed below, together with the amounts assigned to them : Education _ _... _ _ _ $52.00 Books and pamphlets _ _15.00 Toys - - - 5.00 Allowance for presents 1 0.00 Allowance for contributions _ _ _._12.00 Allowances for vacations __ 50.00 Savings 104.00 Total $248.00 Let us take up these items, one by one. The allowance for educa- tion does not cover the schooling of the children who are supposed to receive ample tuition free of cost at the public schools. It is sup- posed to permit of a slight amount of cultural education, above what can be obtained in school, for one of the children. One lesson a week for forty weeks a year in such a subject as singing, music, or drawing would cost no less than $40.00. The remaining $12.00 would furnish the parents an opportunity to continue their education to some degree by attending a lecture course during the winter. In spite of the fact that the children get their school books free, and in spite of the fact that the library facilities in New York City are of a high order, a modest amount should be set aside in the budget for the purchase each year of a few good books. Fifteen dollars per year would provide for the purchase of six books at $2.00 and a few tracts and pamphlets besides. No argument seems necessary to justify the inclusion of a small amount for the purchase of toys for the children and $5.00 is such a small allowance that it is not necessary to defend this figure. Every year some occasions will arise which make the giving 465 of presents a necessity. Christmas each year calls for some few gifts, and weddings, birthdays and other celebrations can not be disregarded if the family is to hold its head up among its neighbors. For this purpose, $10,00 per year does not seem too much. Besides this, workers are frequently called upon to contribute to some cause or other. Their fellow workers in other industries call for their help during a strike. Destitution in the homes of their neighbors and friends demands assistance from them. Worthy causes throughout the world exact their support. Social, political, and philanthropic institutions at home depend upon the workers' contributions as well as upon the rich men's. For all these purpose, $12.00 a year is scarcely adequate. $50 a year is allowed for vacations. This might provide for a few days at the sea shore each year; or it might provide for and enable a sickly child to grow strong through a month's fresh air in the country ; or it might provide the husband with a short period of much needed rest from the stress and strain of daily labor. Finally, this budget provides for savings at the rate of $2.00 per week. This is the least a family should lay aside to provide against the contingencies that can arise at any time — sickness, dis- ability, or unemployment. It is certainly to the enlightened self- interest of the community to provide its workers with sufficient income to live not only in health and decency and to enjoy some of the amenities of life, but also to enable them to lay aside some- thing year by year so that come what may they can remain self- reliant and independent and not become charges upon charity. In connection with the budget on page 27, of the Skilled Worker, I want to mention or bring to your attention that we mention nothing about the expense of over-alls, working clothes, which a pressman has that no other mechanic has in the newspaper industry, practically using about four pairs of overalls and shirts. In connection with that, his over-alls and shirts tear more than anybody using clothes in working, under the different gears and the bolts and everything that his clothes come in contact with, and he is constantly tearing them; and in our last Arbitration, in 1918, we figured an approximate figure, that the cost was $51.80 per year, giving him four pairs of overalls, four working shirts, laun- dering working clothes, and towels, and hand cleaning compounds, which very few in the newspaper use. ..That is a paste to get the 466 ink out of the hands. The pressroom worker has to get his clothes washed and laundered at least twice a week. That is an expense that most of the newspaper workers do not have. The Budget as set forth at page 27 of our brief is : (Reading) : II. Cost of the Budget for the Skilled Worker. A. The annual cost of the budget described above is $2938.60 (Note: These prices were obtained three months ago. At to-day's level the total might be slightly lower, due to a reported decrease in clothing, fuel and light, furniture and furnishings, and miscel- laneous, in spite of the increase reported in food and housing. How- ever, the variation would be so small as to make it scarcely worth while to re-price the budget.) The accompanying 15 pages of bluq print tables (Exhibit 2) list each item and the prices thereof which goes to make up this total. The following is a summary. Food Meats - $138.27 Fish ...- 21.91 Dairy Products _ 169.09 Fats, etc , - 17.75 Eggs - 48.96 Cereals & their products 109.75 Sugars .._ - - 22.81 Fruits, fresh _ 70.98 Fruits, dried 7.79 Fruits, canned 12.54 Vegetables, fresh _ _ 88.74 Vegetables, dried — - - 4.78 Vegetables, canned - - 7.62 Miscellaneous 52.02 Total $773.01 Clothing Husband ._ - 142.95 Wife _ 174.16 Boy of 12 _ 95.56 Girl of 6- - 85.15 Boy of 2 - _ 57.59 Total 555.41 467 Rent 510.48 Light & Heat 63.24 Household- Equipment - ■- 71 .72 Miscellaneous - - 964.74 Grand Total $2938.60 B. Description of method used. 1. District covered. a. Food. All food prices were obtained in the Washington Heights dis- trict. This district was chosen because it contained the type of shops desirable for the purpose of this study — namely one which were clean and in which could be found high grade foodstuffs and yet ones which did not cater to a fashionable, wealthy class of customers, and whose prices consequently were not high. b. Clothing and Household !^quipment. Clothing and household equipment prices in part were obtained in the same district, but as it is customary for the workers and their families frequently to make purchases of these classes of commod- ities in the larger downtown stores, part or the price quotations were obtained from these sources. c. Housing (Note: The study was originally made for members of Typo- graphical Union No. 6 in the book and job trade. As members of Pressmen's Union No. 25 fall approximately into the same cate- gory, both in regard to skill and in regard to earning power, these figures are equally applicable to them.) Rent quotations were secured from members of Typographical Union No. 6. The members were chosen at random, and the quo- tations, therefore represent all the working districts of greater New York, and some Jersey districts as well. d. Light and Heat. Figures for light and heat were gathered in the Washington Heights district, which is representative of the entire City, on ac- count of union rates. e. Miscellaneous. 468 It is impossible to localize quotations for the miscellaneous items. They therefore, represent the entire city. 2. Number of quotations gathered. With a few exceptions, four quotations were obtained for each food and clothing item; two for each article of household equip- ment; and two for cleaning supplies and services. For light and heat 70, and for rent 284 quotations were obtained. 3. How the prices were secured. Rent quotations were obtained by disfributing about 500 ques- tionnaires to the various Chapel Chairmen. These Chairmen, in turn, distributed them among the members of their Chapel. The distribution was made absolutely at random except that question- naires were given only to men who were heads of families. Single men were eliminated as they, as a rule, live either at home with their parents or in a single furnished room. All other quotations were gathered by trained investigators of The Labor Bureau, Inc. These investigators went to the stores where workers of the type belonging to Typographical Union No. 6 actually purchase their goods and obtained current prices directly from the storekeepers and salesmen. 4. Date of Study. All prices were obtained between October 10th and 18th. When out-of -season foods had to be' priced, it was necessary to rely upon the memory of the person giving the information as to what the last prevailing quotations were at the time these goods werer in season. Otherwise, all quotations represent prices prevailing during the period specified. 5. Conservatism of prices. Investigators were carefully instructed that in those tases where several prices obtained for a similar article — as, for example, a piece of clothing — always to reject the highest, and to bear con- stantly in mind that the budget was one that had been prepared for the use of families in moderate circumstances. Investigators were also instructed to examine as many commodities as possible so as to make sure that they were pricing things of the type that 'workers' families actually purchase. 469 The source of each price quotation has been carefully noted and a complete record is on file at the office of The Labor Bureau, Inc., where it is available for checking by the Arbitrator or a rep- resentative of the Publishers. The Union maintains that this is a scientific study and entirely free from bias. 6. Computation of total. The total was computed by averaging all the prices obtained for each item in the budget, multiplying each average thus obtained by the frequency assigned to it, and finally adding all these products together. Subtotals were calculated for the various divisions and sub-divisions of the budget. All these arithmetical processes are clearly shown on the accompanying tables and are subject to check at every stage. III. WAGES OF PRESSMEN AND COST OF LIVING COMPARED A. Wage Scales 1914 to date — (Note. Weekly scales of journeymen for day work. Night work, $1.00 more, per week. Pressmen-in-charge receive $1.00 per day (or night) above scale.) 1914— Whole Year $25.00 per week 1915— Whole Year 25.00 per week 1916— Whole Year 25.00 per week 1917 — January to August, inclusive 25.00 per week September to December, inclusive...... 27.00 per week 1918 — January to August, inclusive. 27.00 per week September to December, inclusive 33.00 per week 1919— ^January and February 33.00 per week March to December, inclusive 39.00 per week 1920 — January and February 39.00 per week March to December, inclusive 45.00 per week 1921— Whole Year 45.00 per week B. Annual Earnings, 1914 to Date. Unfortunately, there are no exact records of the amount of time lost by newspaper pressmen. If, however, we assume that SO weeks is all that the average pressman — taking into consideration the substitute whose employment is highly spasmodic — can expect to work in a normal year, we are surely erring in favor of the Publishers. This figure takes into account unemployment from all 470 causes — holidays, vacations, strikes, lockouts, lack of work, sick- ness, and accidents. Using this figure as a constant, the annual earn- ings for pressmen from 1914 to 1921, inclusive, are shown in the following table. When the wage scale changes during the calendar year, the two weeks of unemployment are prorated between the two rates. 1914 _.._ $1,250.00 1915 - „ - 1,250.00 1916....- - _ 1,250.00 1917 _ 1,283.34 1918 -- - - 1,450.00 1919 - - 1,900.00 1920 - -. _ 2,200.00 1921 _.... - „ 2,250.00 C. The Cost of the "Budget for a Skilled Worker" 1914 to date. As shown in Section II, Paragraph A, the annual cost of the "Budget for a Skilled Worker" based on prices pertaining during the last two weeks in October was $2938.60. Using the Bureau of Labor Statistics' estimate of the increase in the cost of living we can work the result of the original study back and discover what this same budget would have cost at various times between 1914 and the present. The latest figure published by the Bureau is for Sep- tember, 1921, and whereas this does not coincide exactly with the date of the Union's study it is close enough to be satisfactory for this purpose, especially in view of the fact that prices fluctuated only slightly between September and October. The Union does not accept the Bureau's cost of living figures in their entirety, for reasons which will be set forth later, but for this purpose they will do so to prove that the members of Web Pressmen's Union No. 25 have never received compensation adequate to their needs. The following tables show the Bureau of Labor Statistics' estimate of the increase in the cost of living over 1914 at various dates together with the cost of a skilled worker's budget at those same dates. Cost of "Budget for a Dated Increase in Cost of Living Skilled Worker" December 1914 $1635.28 December 1915 2.0% 1667.99 December 1916 14.9% 1878.94 471 Cost of "Budget for a Dated Increase in Cost of Living ^ Skilled Worker" December 1917 44.7% 2366.25 December 1918 77.3% 2899.35 June 1919 79.2% 2930.42 December 1919 105.8% 3332.70 June 1920 119.2% 3584.53 December 1920 101.4% 3293.48 May 1921 81.7% 2971.30 September 1921 79.7% 2938.60 The above table shows what the actual cost of the budget would have been for one year at eleven specific dates based on the increase in the cost of living lat those dates. Our next problem is to dis- cover what the cost of the budget would have been for each cal- endar year from 1914 to 1921, inclusive, so that we can make an equitable comparison between the cost of living and the annual earnings of pressmen. Lacking specific data, we can only approxi- mate these figures by considering the cost of living for the year as the average of the figures for the beginning and end of the year; and in those cases where there are one or more intervening figures to consider those in the computation. Of course, this is a very rough method but it is free from bias, and is sufficiently accurate to demonstrate what the Union is trying to prove, namely, that its members do not now, and never did get enough pay to enable them to live in acordance with a decent standard of life. The following table shows the cost of the budget for each calendar year : 1914 $1635.28 1915 1651.64 1916 1773.47 1917 2122.60 1918 2632.80 1919 3054.16 1920 , 3403.56 1921 3097.35 D. Comparison Between Cost of Living and Earnings, 1914 to Date. The following table compares the cost of living and the an- nual earnings of pressmen, 1914 to date, and the chart on the op- posite page shows the result in graphic form. 472 Year Cost of the "Budget for a Skilled Worker" Annual Earnings of Pressmen Amount Earn- ings were below- cost of Budget 1914 1915 $1635.28 1651.64 $1250.00 1250.00 $ 385.28 401.64 1916 1773.47 1250.00 523.47 1917 2122.60 1283.34 839.26 1918 2632.80 1450.00 1182.80 1919 3054.16 1900.00 1154.16 1920 3403.56 2200.00 1203.56 1921 3097.35 2250.00 847.35 Total $19370.86 $12833.34 $6537.52 The above table speaks for itself. It shows a deficit for the individual pressman for each year since 1914. In 1914, earnings were $385.28 below the amount necessary to meet a suitable stan- dard of living; in 1915, $401.64; in 1916, $523.47; in 1917, $839.26; in 1918, $1182.80 in 1919, $1154.16; in 1920, $1203.56; and in 1921, $847.35. For the entire period of eight years, the total loss amount- ed to $6537.52. This deficit had to be made up in one of two ways : (1) by securing additional income from the wife or oldest child ; or, (2) by accepting a lower standard of living. The Union would be justified in asking for a much larger in- crease than the $10.00 it is demanding, for at the present level of prices it would require nearly $62.00 per week to enable a family to live according to the budget herewith presented. But the press- man realizes that too great a burden cannot be placed upon the industry at one time, and he is, therefore, willing to continue to make some sacrifice, and asks for only $10.00 of the $17.00 to which he feels he is entitled. COST OF LIVING CHANGES AND THE PRESSMAN'S WAGE 1. Changes in the Cost of Living Should he Entirely Disre- garded in These Proceedings. A. The Union, again maintains that in the case now before the Arbitrator the change in the cost of living should not be consid- ered in determining the new wage scale for the newspaper pressmen. 473 B. A decline in the cost of living does not, ipso facto, furnish a valid ground for denying a request for a reasonable increase in wages. 1. Because unless wages are adequate to meet a proper stan- dard of living at the base period from which both these variables are measured, then it is a matter of grave injustice to refuse a wage increase on account of a decline in the retail price level. In the case now before the Arbitrator, the Union has offered evidence in the way of a scientifically prepared and carefully compiled budget to the effect that neither in 1914, nor at any subsequent period, were wages of pressmen sufficient to enable them to live on the level to which they are entitled. The Publishers will undoubtedly assume that in 1914 wages and the cost of living both stood at 100 and that, on this basis, the percentage increase of wages has been as great as the percentage increase of the cost of living. Or they may even put wages and the cost of living at 100 in June, 1920, — the peak of the retail price level according to the Bureau of Labor Statistics — and argue from that, that wages should be reduced in proportion to the fall of prices since then. But in either case they would be guilty of a fallacy in arbitrarily declaring, by virtue of a statistical device — the index number — that the two variables under consideration, namely, wages and the cost of living, were ever on an equal plane, whereas, as has been shown, they were not. Merely stating that both wages and the cost of living at any given time are to be considered 100 does not prove that at that time the workers in question were receiving adequate pay. The Union wishes to call to the attention of the Arbitrator that the present negotiations are not taking place under any contract whatsoever, and that, there- fore, there is no reason to assume that at any time in the past wages were at a proper level, needing merely adjustment at the present to bring them into line with any changes that may have taken place in the cost of living, An entirely new contract is being negotiated, and the Union maintains that all arguments based on the change in the price level should be disregarded in these proceedings unless it can be proven that the wage, level is, or was at some past time entirely sufficient to meet the cost of the budget to which the skilled worker and responsible citizen is entitled. 2. Because even if in. 1914 or at somd other time pressmen had been getting an adequate wage, there is no just reason why they should not be allowed to improve their standard of living. If wages 474 are cut when the cost of living declines, and to the full extent of the decline; and if they are raised only as the cost of living in- creases, and raised at best, only to the extent that the cost of living has advanced, then it is evident that the pressman is forever barred from attaining a higher standard of living than he now enjoys. This is virtually a state of slavery. It would appear more logical, in accordance with this system, to pay the workers in kind — allow- ing them each year the same quantity and quality of goods and services, which at some arbitrarily chosen period they happen to be enjoying. A wage system of this sort is not only an injustice to- ward the workers but it will act as a boomerang against the em- ploying class itself, and, of course be an overwhelming obstacle in the path of progress of the nation. For it is only through a steady advance of the standard of living that sufficient purchasing and consuming power can be developed to absorb the product of in- dustry, and to furnish the incentive for continued industrial pro- gress and expansion. This general principle has been given official government sanc- tion in an arbitration decision recently handed down. Three Com- missioners of Conciliation of the United States Department of Labor were called upon to decide the question of a wage cut in the boot and shoe industry. A letter bearing the date of July 20, 1921,. addressed to the Secretary of Labor, says in part : "But the mere fact that the cost of living has gone down is no reason whatsoever for the cutting of wages. If this were in itself accepted as a reason, it would mean that we are operating on the theory that the workmen of the United States should remain in a static and not in a continuously improving condition." {Monthly Labor Review, September, 1921, pp. 147-148). 3. Because the Union has proven that through inadequate wage scales each of its members received in a period of eight years about $6500 less in wages than he was entitled to on the basis of a proper standard of living. Morally, this is a debt which the com- munity in general and the Publisher in particular owes to each press- man. It will take a much greater decline in the cost of living than has taken place to date to enable the worker to regain even a little of this lost ground. If, as seems highly unlikely, prices should de- cline, sufficiently to allow this to come to pass, the publisher should be grateful for this convenient means of paying a debt, and not use the occasion as an excuse to increase his profits. 475 II. Btit Even Were Wages to he Adjusted in Accordance With Changes in the Cast of Living, the Neivspaper Pressmen Would Still he Entitled to a Wage Increase at This Time. A. According to the Bureau of Labor Statistics, the cost of liying at the present time is approximately 80% above what it was in. December, 1914. The basic wage of journeymen pressmen is also 80% above its 1914 level. At first blush it might then appear that the purchasing power of the pressman's wage had suffered no dim- inution since 1914. But an analysis of the real situation will show that this is not the case. B. The pressman would be far better off today had his money wages and the retail price level both remained where they stood in 1914. For a period of more than six years, commencing in Decem- ber, 1914, his wage increases continually lagged behind cost of living increases, not only in time, but also in extent. Only during the past year has the cost of living started to come down to the level at which his wages stopped on their way up. A review of the history of the pressman's wages since December 1914 and of the cost of living since the same date will make this point clearer. 1. Wages, in December, 1914, were $25.00, per week. 2. In December, 1915, the cost of living stood at 2% over 1914. (This and subsequent figures on the cost of living changes are those published for New York City by the Bureau of Labor Statistics). a. Actual wage rate at that time $25.00. b. Wage rate called for by increased cost of living, $25.50. 3. In December, 1916, the cost of living stood at 14.9% over 1914. a. Actual wage rate at that time $25.00. b. Wage rate called for by increased cost of living, $28.73. 4. In December, 1917, the cost of living stood at 44.7% over 1914. a. Actual wage rate at that time, $27.00. b. Wage rate called for by increased cost of living, $36.18. 5. In December, 1918, the cost of living stood at 77.3% over 1914. a. Actual wage rate at that time, $33.00. 476 b. Wage rate called for by increased , cost of living, $44.33. 6. In June, 1919, the cost of living stood at 79.2% over 1914. a. Actual wage rates at that time, $39.00. b. Wage rate called for by increased cost of living, $44.80. 7. In December, 1919, the cost of living stood at 103.8% over 1914. a. Actual wage rate at that time, $39.00. b. Wage rate called for by increased cost of living, $50.95. 8. In June, 1920, the cost of living stood at 119.2% over 1914. a. Actual wage rate at that time, $45.00 b. Wage rate called for by increased cost of living, $54.80. 9. In December, 1920, the cost of living stood at 101.4% over 1914. a. Actual wage rate at that time, $45.00 b. Wage rate called for by increased cost of living, $50.35. 10. In May, 1921, the cost of living stood at $1.7% over 1914. a. Actual wage rate at that time, $45.00. b. Wage rate called for by increased cost of living, $45.43. 11. In September, 1921, the cost of hving stood at 79.7% over 1914. a. Actual wage rate at that time, $45.00. b. Wage rate called for by increased cost of living, $44.93. 12. In December, 1921, the cost of living stood at 78.1% over 1914. a. Actual wage rate at that time, $45.00. b. Wage rate called for by increased cost of living, $44.53. 13. The following figures show the above details in tabular form. Date Dec 1914 Per Cent of ■ Increase in Cost of Over 1914 Actual Wage $25.00 Wage Called for by Increased Cost of Living $25.00 -i-'t^. ji;7i*T Dec. 1915 2.0 25.00 25.50 Dec. 1916 14.9 25.00 28.73 Dec. 1917 44.7 27.00 36.18 Dec, 1918 77.3 33.00 44.33 477 Per Cent of Wage Called Increase in Cost of for by Increased Date Living Over 1914 Actual Wage Cost of Living June 1919 79.2 39.00 44.80 Dec. 1919 103.8 39.00 50.95 June 1920 119.2 45.00 54.80 Dec. 1920 101.4 45.00 50.35 May 1921 81.7 45.00 45.43 Sept. 1921 79.7 45.00 ' 44.93 Dec. 1921 78.1 45.00 44.53 14. The chart on the opposite page shows this information in graphic form. The curve on the left represents the cost of living; the broken line on the right represents wages. The intervening area shows the extent of the lag of wages behind the cost of living at various times. The picture speaks for itself ; it needs no inter- pretation. C. The next step in our exposition is to translate the figures, which as they stand express the lag in terms of weekly wages, into figures expressing it in terms of annual earnings. Let us assume that members of Web Pressmen's Union No. 25 had received wage increases corresponding to increases in the cost of living, and that they had received the increases as of those dates on which the Bur- eau of Labor Statistics publishes its findings. Let us once more assume that 50 weeks is the normal working year for a pressman, although this figure is higher than actual experience indicates is the case. We can now calculate what annual earnings would have been had wage increases kept pace with cost of living changes. 1914 $1250.00 1915 1250.00 1916 1275.00 1917 1436.50 1918 1809.00 1919 2228.25 1920 2643.75 1921 2368.00 Total : $14,260.50 D. We are now in a position to compute a pressman's actual earnings during the years 1914-1921, inclusive, and compare them with his theoretical earnings had his wages been adjusted in a manner as explained above. The following table shows the results of the comparison : 478 Year 1914 1915 Actual Earnings $1250.00 125000 Earnings Corrected on Cost of Living Basis $1250.00 1250 00 Am»unt Actual Earnings Were Below Corrected Earnings $ 1916 1. *^ ^\J m\J\J 1250.00 ±AinJ\J,\J\J 1275.00 25.00 1917 1283.34 1436.50 153.16 1918 1450.00 1809.00 359.00 1919 1900.00 2228.25 328.25 1920 2200.00 2643.75 443.75 1921 2250.00 2368.00 118.00 Total $12,833.34 $14,260.50 $1,427.16 The above figures show that each Newspaper pressman sustained a loss of more than $1,400 during the period, due to faulty adjustment of wages to the cost of living. Even the $10.00 increase we are requesting would not permit us to make up this loss from our meagre 1914 standard in much less than three years, assuming that the cost of living remains at its present level for this length of time. But even the above does not tell the full story of our losses. Our calculations have been made on the assumption that the cost of living did not change except on the date on which the Bureau of Labor Statistics published its figures. To illustrate : Our wage rate for the entire year 1917 was computed on the basis of the 14.9% increase in the cost of living announced as of Decem- ber, 1916. Now what actually happened is that there was a more or less steady rise throughout the year, till, in December, 1917, prices stood at 44.7% above 1914. The average price level during the year 1917, therefore, actually must have been some- where between 14.9% and 44.7% above 1914, and the wage scale necessary to maintain our 1914 standard during 1917 was not $28.73, but spme figure between $28.73 and $36.18. Were there more adequate cost of living data we could show a far larger deficit th^n $1,427, though how much larger it is impossible to say with any degree of accuracy. It is true, of course, that during times of falling prices this lack of data at sufficiently close intervals works to our advantage, just as in times of rising prices it works against us. But it 479 should be borne in mind that the cost of living was increasing during five and one half years, while it was decreasing only one and one-half years during the seven years under consideration; so that the break was against us for nearly four times as long a period as it was with us. In connection with the Budget, we are submitting this Exhibit (handing to Judge Manton). Judge Manton : That is a map showing the variations, I suppose? Mr. Bernheim : Just presenting the details of the Budget. Mr. Simons (Reading) : Special Consideration of the Rent Factor in New York City. I. The Error in the^ Bureau of Labor Statistics' Rent Fig- ures and Its Significance. A. Wherever in the foregoing pages we have discussed the changes in the cost of living, we have done so on the basis of The Bureau of Labor Statistics' index number. This is un- doubtedly the most authoritative, unbiased, and reliable index number of the cost of living in the United States. Yet we must take exception to it in one important respect, namely rent. Ac- cording to our general knowledge and experience, and in the light of all the trustworthy evidence we were able to collect, the Bureau of Labor Statistics' estimate of the rise that has occurred in the cost of shelter since 1914 is far below the actual facts. We shall try to prove this to your satisfaction. First, however, we want to call your attention to the effects of this error. We, as well as all workers in New York City who have had their wages adjusted during the past few years on any basis which took into consideration the changes in the cost of living have suffered a serious financial loss through the Bureau's inadequate allowance for rent increases. Had rents been more accurately calculated, there is no doubt that a higher figure would have re- sulted and the budget, as a whole, would have shown a greater increase in the cost of living — and a smaller decline eince the peak — than it actually does. How much larger a wage increase we. would on this account have received can not be calculated, but that it would have been larger will hardly be disputed. We are not lamenting over what has passed and can not now be 480 changed — although it could, to some extent, be remedied; we do not even ask you to take this error into account in these proceedings, for the $10.00 which we have requested is justified by the Bureau''s index number as it stands. All we are trying to accomplish by our consideration of the rent question is to add another supporting argument to our contention that pressmen's wage increases have been insufficient to allow them to continue to live on the standard they were enjoying in 1914; for if rents had been properly computed, the lag which we pointed out in a previous section would have been greater than the figures there presented show. II. Increase in Nem York City Rents, According to the Bureau of Labor Statistics: A. The following table shows the Bureau's estimate of rent increases from December, 1914 to December, 1921 : Percent of Increase Date Over 1914 December, 1914 — December, 1915 _ 1* December, 1916 _ 1* •December, 1917 2.6 December, 1918 _ 6.5 June, 1919 _ 1 3.4 December, 1919 .._ 23.4 June, 1920 _... 32.4 December, 1920 38. 1 May, 1921 42.2 September, 1921 44.0 December, 1921 45.7 * Decrease. In connection with the Rent Increases in New York City compared wjth other Cities, appearing at page 47 of the brief, I want to state that we had a questionnaire which we submitted to our membership, and we will submit them to your Honor as an Exhibit a little later on, if there is no objection. Judge Manton: All right. Mr. Simons: We would also like to submit a lease on our 481 Union headquarters, from the New York World. You will find in that lease — we paid for the same room that we have at the present time, in 1918, $60. Today we pay $125, showing that they more than doubled our rent. That is an item7 because the increased expense in running the Union is put upon the entire mem- bership. Judge Manton : What are the dues of the Union ? Mr. Simons: $2.50 a month. Judge Manton: Per man? Mr. Simons: Previous to the War it was $1.50. Mr. Wardman: Even the cost of the Union goes up. Mr. Simons: Cost of what? Mr. Wardman : The cost of living goes up, and the cost of the Union goes up. Mr. Simons: At present, I might say that we have a five per cent assessment. Mr. Wardman: What is the assessment? Mr. Simons : The assessment is five per cent on the weekly salary, to support the commercial men, commercial pressrooms. Some of them are out on the street, for the 44-hour day and 44-hour night. Mr. Wardman : Are we asked to take care of the commercial pressmen, too? Mr. Simons : Take care of them ? Mr. Wardman : Yes. Mr. Simons: No, they are working. In what way do you mean? Mr. Wardman : Do we have to get your salaries so as to protect the commercial pressmen? Mr. Simons : We are not asking for it. (Reading :) III. Rent Increase in New York Compared with Other Cities, According to the Bureau of Labor Statistics. 482 A. The following table shows the increase in rent from 1914 to September, 1921 (the latest date for which figures are available for all the cities). The cities included are the 19 for which the Bureau publishes rent statistics since 1914. Increase in Rents Sept. 1921 City ■ over Dec. 1914 Detroit, Mich. .._ _ _ _ _ 96.6 Norfolk, Va __ „ _ 94.6 Los Angeles, Calif _ _ 86.9 Cleveland, Ohio _ _ _ _ 82.8 Chicago, 111. -_. _ 79.8 Seattle, Wash. _ _. _ 71 .3 Baltimore, Md 64.0 Buffalo, N. Y. ...._ 61.7 Savannah, Ga. , 60.6 The U. S. as a whole _...._ 60.0 Mobile, Ala _ 53. 1 Philadelphia, Pa _ 47. 1 NEW YORK, N. Y _ _ 44.0 Portland, Ore _ 43.3 Houston, Texas .._ _ _ ^9.4 Jacksonville, Fla _ _..... 37.7 Boston, Mass _ _ 3 1 .6 Washington, D. C 29.1 San Francisco, Calif _ 23.6 Portland, Me. __ _ 23.3 B. For 13 other cities, the Government publishes rent in- creases from December 1917 as a base. The following table compares these with New York. For purposes of a fair com- parison, December, 1917, is taken for New York as well, the base being reduced to that date by the appropriate calculation. Increase in Rents Sept. 1921 City over Dec. 1917 Denver, Colo _.. 80. 1 Memphis, Tenn 77.2 Atlanta, Ga _ _ 77.0 Birmingham, Ala. — 76.5 483 Kansas City, Mo 66.2 St. Louis, Mo - - 61.2 Pittsburg, Pa 55.5 New Orleans, La 49.5 Minneapolis, Minn 44.0 NEW YORK, N. Y 42.9 Scranton, Ea. _ 42.2 llidianapolis, Ind _ 41 .4 Richmond, Va _ 33.0 Cincinnati, Ohio _ 28.2 IV. The Actual State of Affairs. A. The last three tables, Mr. Arbitrator, will, we feel sure, , convince you in themselves of the absurdity of the Government's rent statistics for New York City. The knowledge which you yourself may have gained as a tenant; the complaints which surely you have heard in countless number from your friends and neighbors; the stories that have appeared almost daily in the press; the testimony that has been given before the Mayor's Rent Committee, the Lockwood Committee, and the New York State Legislature; finally, the numerous "rent gouging" cases that are clogging our courts ; all this evidence, we feel sure, must have alj-eady convinced you that an estimate of only a 46% in- crease in rents from December, 1914 to the present time does not represent the true state of affairs. We would, indeed, be fortunate hg,d our landlords treated us as well as the Bureau of Labor Statistics would have us believe. Had rents increased no more than. 46% — less, according to the Bureau than any other item in the budget — it is hardly likely that there would have been the universal clamor that has been heard from every quarter for the last three or four years. It is hardly likely that there would have been rent laws created especially to cope with the emer- gency, and that the courts would now be overrun with rent cases. It is hardly likely that several committees would have been appointed to investigate and cope with the housing situa- tion. Nor is it easy to believe that New York City — which has been the center of the agitation against unscrupulous landlords and high rent — should show increases lower than 11 and higher than only 7 other cities in one group ; and lower than 9 and higher than only 4 other cities in another group. 484 B. But we shall not rest our case in respect to rents on these generalities, convincing as they are. We beg to offer in addition the following bits, of specific evidence: 1. The Natioiral Industrial Conference Board, an employers' association, computes the increase in rent between July, 1914 and September, 1921, to have been 69%. This is a figure for the United States at large, but according to the Board, the figure for New York would be approximately the same. 2. A study made by the Association for Improving the Conditions of the Poor shows that rents in New York City increased 73% from the summer of 1914 to April, 1921 (See Exhibit 3) . It states that there were some further slight increases between the latter date and October 1st. 3. According to the "Record and Guide" (9/10/21), a real estate magazine, cold water tenements which previous to the war rented from $3 to $5 a room per month now rent from $8 to $10 a room. Taking the median figure in each case, this amounts to an increase of 125%. 4. A member of the firm of Stuart Browne & Co. of 280 Broadway told an investigator of the Labor Bureau, Inc., that apartments now renting from $600 to $1,000 show an increase of 50-100% since 1914. This is an average increase of 75%. He expressed the opinion that the Government figures were "simply a joke." 5. "The Globe" is making a survey of the rent situation in New York City. The final results have not yet been made public, but a preliminary announcement appearing in the issue of Octo- ber 20, states that rents have increased from 75-100%. This is an average of 87J^%. The article is so to the point that it is quoted here in full : "Rent Statistics Are Erroneous Facts Prove Increases Here Far Above Percentage Quoted by U. S. Department. Weapon for Profiteers Globe Making Survey of Housing Conditions — To Bare the True Situation By John T. Flynn 485 For Rent — $45 ; a fine 5-room apartment ; all modern improvements ; the latest decoration ; elevator serv- ice day and night; centrally located, near elevated, subway cars, cross-town cars ; worth -vjlhile looking at. 315 West 113th Street. Don't rush, however, Mr. House-hunter, as the place is rented. And not at $45 a month either. That little ad. is taken from the New York Times want columns of May 20, 1914. If you want to know what this apartment rents for today, ring up Cathedral 870. The price today is $125. But the United States Labor Bureau in a bulletin published in all the daily papers yesterday announces that rents in New York City have risen only 44 per cent, since 1914. That is to say: Twenty-dollar houses have gone to $28.80. Thirty-five dollar houses to $48.20 Fifty-dollar houses to $72. $100 houses to $144." Curious Things. This department, therefore, has again put. into the hands of the landlord interests of New York a weapon which will be used industriously to prove that rents have not soared as recklessly as the alarmists have claimed, and that the so-called emergency rent laws are based upon an emergency that does not exist. The landlords, when fighting against a re-enactment of the rent law in Albany, will be able to "prove" some further curious things by this remarkable report. They will be able to show : That rents have risen less than any other item in the living budget. That New York enjoys more reasonable rentals than any other large city, save Indianapolis, San Francisco, and Cleveland. That rents have advanced 47 per cent, in Philadelphia, 80 per cent, in Denver, 86 per cent, in Los Angeles, 66.2 per cent, in Kansas City, 89 per cent, in Washington, D. C, 99.9 per cent, in 486 Detroit, 86 per cent, in Chicago, 101.6 per cent, in Baltimore, 102.4 per cent, in Buffalo, and 118.8 per cent, in Boston. Last February I protested to the Department against a bulletin issued then claiming rentals had increased 38 per cent, in this city. Mr. Ethelbert Stewart, of the Bureau of Labor Statistics, then informed me that its information was taken from the books of real estate dealers and covered about 600 dwellings. Nearer 100 Per Cent. I then asked him to furnish me with more specific data as to the precise houses canvassed, undertaking, "to demonstrate be- yond all question that the figure 38 per cent, was far too low and that it is nearer 100 per cent." The reply to this was that more specific information was not available. Later the depart- ment raised its figure to 42 per cent, and now to 44 per cent. The truth about the matter is that rents have advanced here not 44 per cent, but more than 75 per cent, and that the figure is probably nearer 100 per cent. A, survey now being made by the Globe covering this question as well as other vital elements in the city's housing problem shows the Department of Labor to be far astray in its estimate. And while The Globe's investiga- tion is not yet complete, this false and damaging bulletin should not be permitted to go unchallenged. The old want ad. with all the sad memories it excites of the departed days "befo' the war," is not an isolated instance, but is just one of several hundred in the possession of The Globe. Unreliable Information. Fixing the precise percentage of rent increases in this city is made difficult by the unreliable character of the information available as to what rents were in 1914. It is simple enough to find out what an apartment rents for today. But it is by no means so easy to ascertain what it rented for in 1914. The present tenant, in most instances, did not occupy the place then, or if he did, is a bit uncertain about the figure. The janitor is a newcomer or is hazy about the old rentals. The owner and the agent are usually unreliable and can be depended on to pad the figures. The Globe, however, has obtained trustworthy figures on 487 the 1914 rentals and at the proper time, when its survey is com- pleted, will undertake to supply a reliable estimate of rent raises in the metropolis. In the meantime, however, some notion of the extent to which the Department of Labor has erred in its fig- ures may be gathered from the following instances. They are not selected as extreme, but are merely the first dozen on the list: Jumps $2,100 a. An apartment with eight rooms and two baths in the Clififden, 264 Riverside Drive, now rents for $4,000. Here is an ad. taken from the Times of May 1, 1914: "APARTMENTS TO SUBLET— In the Clififden, 254 River- side Drive, on the eighth floor; 8 rooms, 2 baths, 3 rooms facing river; fine view, fine air. Lease to Oct. 1, 1915. Possession June I or sooner. Rental $1,900." b. Here is another from the Times, May 17, 1914: "20th, 422 West — Beautiful neighborhood, five large rooms, bath, steam : $36." The rental today is $75. c. Here is another from the Times, May 24, 1914: Claremont Hall— 601 West 112th Street.— Apartments, 5 to 7 , rooms; passenger elevator, etc.; rent $540 to $1,100. Today the rentals are from $1,500 to $2,200 a year. Instances like this can be multiplied indefinitely, but the result would be the same." 6. Questionnaires filled out by 286 members of Typographical Union No. 6 show that rents of members of this organization in- creased from $21.89 per month in October, 1914 to $42.54 in the same month in 1921. This represents an increase of 94.3%. Of this increase 17.2% took place between October, 1920, and October 1921. (These Questionnaires will be submitted for examination upon request.) Averaging the six estimates listed above, we got a figure of 87.3 as the percentage increase between 1914 and 1921, and even this seems conservative in the light of common experience. SUMMARY OF COST OF LIVING ARGUMENT I. The Cost of Living Is An Important, Though by No Means the Only Factor Controlling Wages. 488 II. At Today's Prices It Requires About $2900 to Maintain an Adequate Standard of Living. A. This figure was obtained by pricing the articles listed in the Bureau of Labor Statistics' "Minimum Quantity Budget Nec- essary to Maintain a Worker's Family of Five in Health and De- cency." This budget was modified to suit the needs of the highest type of skilled worker by increasing some of the quantities allowed by the Government and by the addition of some new items, deemed to be essential, such as allowance for savings and vacations. B. The pressmen need a weekly wage of $62.00 to meet this budget, but are asking only $55.00 III. The Union Maintains that Mere Changes in the Cost of Living Since 1914 or any Other Date Should not be Considered in this Adjustment. A. Because wages were not adequate to meet the cost of living at the base period. B. Because the principle of adjusting wages in accordance with changes in the cost of living implies a static instead of a con- tinuously improving condition of society. C. Because the publishers owe each pressman about $6,500 on account of inadequate wages since 1914. IV. But Even on the Basis of Changes in the Cost of Living. Newspaper Pressmen are entitled to an Increase at this Time. A. Pressmen's wage increases have lagged behind cost of living increases throughout almost the entire period from 1914 to the present time. 1. Their wages followed and never preceded cost of living changes. 2. Their wage increases were less than the rise in retail prices, as anounced by the Bureau of Labor Statistics at various times. B. Pressmen have not been able to maintain even the-meagre standard they enjoyed in 1914. 1. On the basis of the most conservative figure, each press- man would have needed about $1427 more during the past eight years to maintain this standard. 489 V. The Rent Factor in New York City. A. The pressmen have suffered on account of an inaccuracy ,o{ the Government's figure on rent increases in New York. 1. The Government's estimate of the increase since 1914 is about 46%. 2. Six reliable studies indicate that the increase has been about 87%. B. Just how much this error has cost the pressmen cannot be computed, but it undoubtedly has tended to keep wages dowa VI. Conclusion. A. On the basis of the cost of living, from any and every approach, pressmen are entitled to the $10. increase they are re- questing. COMPARATIVE WAGES I. The Union's Position in Regard to Wages of Other Skilled Workers in a Newspaper Plant. A. Web Pressmen's Union No. 25 will not engage in a con- troversy as to the comparative skill of its members and other news- paper employees. Nor will it raise the issue as to which craft makes the greatest contribution to the finished product. In another section we will tell you something of the training required to be- come a pressman and of the skill and responsibility called for from the journeyman. We are confident that the publishers themselves will admit at least this — that no craft ranks above us either in skill or in importance. We are not jealous of the better fortune that has attended our fellow workers in the newspaper plant. We do not feel that we are any the worse off by virtue of their higher scales. But we are at a loss to understand why the pressman should have lost ground in the race for adequate pay to two of the other three skilled crafts in the industry — a race that has been a losing one for all concerned but a disastrous one for us. We do not understand why nearly all the differentials have changed where they stood in 1914. II. Wage Scales of Various Crafts 1914 and 1921. A. The following tables show at a glance the scales of the various skilled newspaper crafts in New York City. 490 DAY WORKERS Weekly Scale Weekly Scale Craft 1914 1922 Increase Photo-Engravers $28.00 $55.00 $27.00 Compositors 30.00 55.00 25.00 Stereotypers 30.00 50.00 20.00 Pressmen 25.00 45.00 20.00 Pressmen in charge.... 31.00 51.00 20.00 NIGHT WORKERS Photo-Engravers $31.00 $60.00 $29.00 Compositors 33.00 58.00 25.00 Compositors (3 shift) 36.00 61.00 25.00 Stereotypers 30.00 50.00 20.00 Pressmen . 26.00 46.00 20.00 Pressmen in charge 32.00 52.00 20.00 Previous to the war, there was a differential of $5.00 between the Compositor and the Pressman. Today there is a differential of $10.00. The general custom throughout the country was to give the lower-paid worker the higher increase. In these instances you will see that it worked just the opposite. The compositor and the photo- engraver practically run away and left the pressman behind, not- withstanding the fact that it was the pressman who had to put up with all kinds of conditions throughout the war. He had to do the suffering that the compositor or the stereotyper or the photo- engraver had nothing to do with. The pressmen during the war were a whole lot worse. They were working under worse conditions, or living under worse con- ditions than some of our poor unfortunate boys that went away — the paper that they received — wall paper or any kind of paper at all, they threw into the pressmen and said, "Go ahead and run it." . I can remember that morning after morning, and day after day, where they would not go home — ^they were so tired they had to sleep in the different mail-rooms; just laid there. I was sent for on different occasions, numerous times, and they said, "Can you not do something? Can you not insis^ that these fellows get some 491 decent paper. We can not stand this any longer. We are getting in with hands and arms and fingers off" ; and we will prove to you later on by photographs, the conditions that existed, and that is what we received, that is the compensation that we received. They come here with such outrageous conditions — Judge Manton : Has that been changed ? Mr. Simons : Yes, the paper is a whole lot better, yes. Quite a bit better ; a whole lot better. Judge Manton : I suppose that is due to conditions during the war period? Mr. Simons : Shortage of paper. You could not get any paper anywhere and they grabbed anything they could' get and threw it right into us, and we went right ahead and done what we possibly could. Judge Manton : Of course, we must look to the future now. Mr. Simons: Possibly. I just mention that fact, because it was during that time that the compositor and the photo-engraver jumped ahead of us. (Reading) : B. In connection with the above, we beg to call your attention to the following facts. 1. Pressmen and pressmen-iri-charge (day workers) received $7.00 smaller increase than the photo-engravers, a $5.00 smaller increase than the compositors, and the same increase as the stereotypers. 2. Photo-engravers (day workers) have been granted a reduction of one hour per week since 1914. The pressmen's hours of labor are the same as in 1914. 3. Pressmen and pressmen-in-charge (night workers) received a $9.(30 smaller increase than the photo-engravers, a $5.00 smaller increase than compositors (both shifts), and the same increase as the stereotypers. 4. Photo-engravers (night shift) have been granted a reduction of two hours per week since 1914. The pressmen's hours of labor are the same as in 1914. 492 5. We also wish to call your attention to the fact that compositors receive $3.00 above the scale for night work, and $6.00 above for midnight, or so-called "lobster" shift. Pressmen, on the other hand, received only. $1.00 above their scale for night work. III. Conclusion. It seems to be an inevitable conclusion that on the basis of comparative wages alone pressmen are entitled to an increase of from $5.00 to $9.00 at this time. Judge Manton : What does the "lobster shift" mean ? Mr Simons : That is from 2 to 10 in the morning. Judge Manton : A poor shift, I suppose ? Mr. Simons: Yes. Those are bad hours. From 12 midnight is considered to be the worst hours. That is why they get six dollars a week more than the day worker. From twelve midnight is considered to be the worst hours. Mr. Wardman: They can be called from two to ten in the morning, so it cuts up both the day and night. It is a very small shift. Mr. Simons : Did I imderstand Mr. Wardman to say that they worked from two to ten? Mr. Wardman : I said they can be called. Mr. Simons : What are their hours ? Mr. Wardman: Their hours are short. Mr. Simons : Seven hours. Mr. Wardman : I mean the shift is from two to ten. Mr. Simons : But their regular hours are only seven hours of work. They work seven hours, an hour less than the day men, and still get $6 a week more. Mr. Wardman : Yes. Judge Manton: Let me ask a question, Mr. Simons. What differential do you think ought to be made in order to get the night workers ? 493 Mr. Simons: I should think this: That the hours of labor should be left as they are ; no differential ; with the increase of wages granted to both day and night men. Judge Manton: You do not think it is a good thing to grant higher wages to the night worker over the day worker ? Mr. Simons: No, sir, I do not, your Honor. I feel in our particular case, that the men working nights should have regular hours, and as less hours as it is possible. Six hours every night in the week is enough for the newspapei- pressman, under the con- ditions. There is no such worker in the country. Judge Manton^ The other side, as I understand them, thought that the differential ought to be made in favor of the night worker, and you think not. You think it ought to be made up in the time? Mr. Simons : The time is what we want. Judge Manton : I just want to get your respective positions. Mr. Simons : Our men come in at twelve midnight, and work until six A. M. None of the offices use more than six hours during the week nights. It is only on Saturday night, and occasionally on Friday night. Saturday night we give them eight hours. But the hours are more important to us than the money. Our conditions, the conditions that we work under, the danger. Judge Manton: When is the time for me to go look at these pressrooms ? Mr. Simons : Saturday night would be a good opportunity, because you have got any time from seven or eight o'clock to see night workers. Judge Manton: Seven or eight o'clock on Saturday night? Mr. Simons : Yefe, you will see them all then. Judge Manton : When is the best time in the day time ? Mr. Simons : I should judge around a quarter to four. Judge Manton : Without any reflection, which is the worst shop in the City that I can go to see? Mr. Simons: The worst shop in the city, I should say — they 494 are so bad, I could not say which is the worst. I would say this, would you only want to see one, your Honor ? Judge Manton: I would like to see two, the worst and the best. Mr. Simons: I should say that you take the New York American and Evening Journal. That is one pressroom — Judge Manton: Is that the best or the worst? Mr. Simons: That is the worst, in my opinion. Judge Manton : That is up in 59th Street, is it not ? Mr. Simons: No, sir, it is right down in William Street, 238 William Street, the Rhinelander Building. That is one pressroom above the sidewalk, or on the level with the sidewalk. I would also suggest that you see one that is down in the pit, and I mention the New York World. They will give you an idea. They are all pretty much the same. Mr. Kreitler: Or the Tribune. Mr. Simons: The Tribune is very bad also. Most of them are. You do not want to take them all in? Mr. Martin : There are some good ones ? Mr. Simons : There are one or two ; that is all, and they are not good. If your Honor deems it advisable, suppose Mr. Wardman and myself took you around any time it is convenient to Mr. Wardman ? Judge Manton: I suppose that we can arrange that. Mr. Simons: I think that would be the best thing. Nobody would hold you then. Mr. Kreitler : Mr. Jones and myself could go with the Judge. ' Mr. Simons : Yes. Let the entire Board do down. Mr. Jones and Mr. Kreitler could go with your Honor. Mr. Wardman: Yes; you will be discussing it. Mr. O'Donnell: The Judge asked which is the best, also? I do not want to name the best; you will all get jealous. 495 Mr. Simons: Do you want n^e to mention the best? Mr. Q'Donnell: Yes. Mr. Simons : The Brooklyn Times. Mr. O'Donnell : All right ; send him over to the Brooklyn Times. That is where I am employed. Mr. Wardman : They have the pressroom without any press. Mr. O'Donnell: We do as much work as any newspaper in New York. Mr. Martin: Mr. Simons is the foreman. Mr. Kreitler : It is growing every minute. Mr. Simons : Yes, and they are making plenty of money. Mr. Wardman : You can make fun of those presses. I would like to get you over to my place. Mr. Simons : You can not get me. Judge Manton: What is next? Mr. Simons (Reading) : TRAINING AND SKILL OF THE PRESSMAN. /. Introduction. It is pertinent at this point, Mr. Arbitrator, to give you a pic- ture of the pressroom's work so that you may realize the type of industrial worker with which these proceedings are concerned— the skill which he is called upon to display; the responsibility for life and property that reposes upon his shoulders; the long years of arduous training and apprenticeship he must pass through before he can become a journeyman and reap the magnificent reward which the Publishers bestow upon him — $45.00 per week. We know that our words cannot adequately portray what ' \ means to be a pressman. Therefore, we make this request of you. If in the midst of your many duties you can spare a few hours, let us introduce you to the pressman at his work. Let us take you into a modern newspaper pressroom so that you may see with your own eyes and understand just what work this pressman does; so that you may hear the sounds he hears ; breathe the air he 496 breathes ; smell the odors he smells ; touch what he touches. Mean- while we shall do what we can to make the situation clear to you. II. Training. A. It takes at least a five years' apprenticeship to become a web pressman. This period is specified in the Constitution and by-laws of the I. P. P. and A. U. But as a matter of fact the term of training is longer. Questionnaires were distributed among the journeymen with the view of determining how long on the average, they had worked as juniors before becoming journeymen. The 248 who answered the question showed an average length of service of 6.92 years. (Note: These questionnaires will be submitted in evidence if desired.) III. Skill. A. The Industrial Education Survey of the City of New York. The following quotations are from the Report of the Commit- tee Authorized by the Board of Estimate and Apportionment to -make a survey of industrial conditions in New York City. "In the newspaper offices the conditions of employment are -somewhat diflFerent from those found in commercial shops. Here the types of presses are uniform in each office. The work is heavy and the demand that editions be out on the street as quickly as possible necessitates constant hustle and rush ^d requires the pressroom worker to be quick and strong. "The pressman in charge must thoroughly understand the ma- chine he has in his care ; he must be alert and a quick thinker, able -to detect and remedy trouble instantly. "Some presses have what is called a fudge cylinder; it is a separate unit in itself used to print the summary of a story, or baseball scofes, three or four minutes after the story is received at the office. One New York office makes it a practice to sell an edition with the full score of the game to the fans coming out of the Polo Grounds who have just witnessed the game. "The presses in the newspaper offices are the largest built, con- sisting of thousands of parts and costing thousands of dollars, and 497 it is consequently very essential that the pressman in charge be a very competent mechanic. "The steady force in a newspaper shop is limited to the number of positions required for the smallest sized sheet. There are extra journeymen and flyboys, known as 'subs,' who report daily at the office, and if the size of the paper to be published that day necessi- tates extra men, or subs, they are put on for the day. Some of these subs report at one office for years before they are classed as steady men. They are hired according to a priority list established in each office. Usually as high as 30 per cent of the force of a newspaper office are on the sub list. "The pressman puts rollers into the press and removes them; puts blankets and muslin on the impression cylinders or covers impression cylinder with pressboards, hangers and top sheets and puts plates on the plate cylinders. He underlays plates. He gets rolls of paper ready for the press, keeps press supplied with paper and removes empty cores. He cleans and oils rollers and press, fills the fountains, leads sheets throughout the press, patches and keeps fold of the sheet even. He runs the brake and tensions. "He should know the names of the different parts of the press. The rollers are of different sizes and he should know how to put them in their respective places. He should know how to dress cylinders and how to keep them smooth and even. He should know the imposition of 'the plates so as to get them on in their right places, and in putting plates on cylinder he should be careful not to spring them. He should know how to underlay plates and to patch up sheets marked out by the pressman in charge, and how to lock rolls of paper on the spindles, so they will not work loose when the press is running. He should know the leads of the different sheets through the press, for if the 'lead-up' is wrong the sheet will be out of register, and consequently be spoiled. "He oils the press and what' has been said about oiling for a cylinder feeder applies here. He should have a knowledge of the folder, as he has to keep the fold of the sheets straight and even. He should know how to carry an even tension, as the register and folds of the sheet, as well as a clean cut, depend upon this adjust- ment. The tension is adjusted by means of blocks and a screw covering the spindle head, and more tension is applied by turning the screw which tightens the block. He must adjust the spring 498 rollers, when a change is made from a full to a ?4 or V^ roll. To do this properly some knowledge of the composition of forces is desirable. He should understand the operation of the rheostat con- trolling the motor for starting and stopping the press. B. Testimony of Publishers. 1. Mr. Louis Wiley, representing the New York Times, in an arbitration case held May 4, 1911, to determine the status of the pressman discharged for alleged drunkenness, had the following to say about the pressman's work: Judge Manton : We do not have that now. Mr. Simons: No; we have very little of it anyway. If I remember the case, it was not a question of drunkenness. It was a question of a man having fits. Mr. Martin: Having what? Mr. Simons: Having fits. Mr. Wardman: Was he regarded as a competent pressman when he was having fits around the pressroom? Mr. Simons : The office claimed he was subject to fits. Judge Manton : You may proceed, Mr. Simons. Mr. Simons (Reading) : Mr. Wiley had the following to say about the pressman's work : "A pressman in a metropolitan newspaper office holds a respon- sible position. Valuable property is entrusted to his care. The safety and lives of his fellow workmen are dependent on his unerring judgment and unfaltering nerve at times when the fraction of a second marks the line between safety and danger to the limbs of liimself or the lives of other workmen. "The responsibility of a locomotive engineer is no greater except that a greater number of lives are at times entrusted to'his keeping. "The pressroom of a modern newspaper with its ponderous high-speed machinery is no place for the mental, moral or physical misfit. 2. In a wage arbitration case between the Publishers and the Paper Handlers' Union in 1918 the following appears in the brief 499 of the Publishers — I think your Honor had the pleasure gi being the Chairman ; I think so — "Compare this wage (Paper Handlers' Union) with that paid for the semi-skilled trade of the Mailers' Union and for the highly- skilled trade of the Photo-engravers' Union and the Pressmen's Union." This remark was made by Mr. Polichak, I believe, who presented the case for the Publisher's Association. It is comparing the both of them, the photo-engravers' and the pressmen's union. He puts them both on the same basis. Still in all there is a differential of nine dollars a week between the photo-engraver and the pressman, which never existed previous to the war. We have a couple of charts here of presses, which your Honor can look over at your leisure. (Reading) : C. Other Testimony. John A. Graham in his "Guides to Printer and Employer" emphasizes the skill of the pressman in the following statement: "Much of the dignity and beauty of printing depends upon press work. Good press work is essential to the reputation of every printer. Artistic composition, good and well chosen paper and good ink are essential elements, but if the press work is not high class they are eclipsed, shrouded and almost of no consequence. Good press work will go far toward redeeming indifferent composi- tion, poor paper and ink, but good composition, paper and ink can never redeem poor press work." We go to page 66: INCREASED PRODUCTIVITY OF PRESSROOMS. While the number of men to a press has not been changed in many years, the productivity of the presses and their operatives has increased considerably. This is due to the installation of new presses ■ running at higher speeds, and to the longer runs due to larger circulation. Therefore the per-capita product of each man has increased, and the publishers have been receiving more value for each dollar paid in wages. At the same time, the operatives have been giving greater service due to the increased strain which is 500 caused by higher speed, "the more complicated machinery, and the longer runs. Now, in the next paragraph, there has been a mistake made, and I have requested it to be changed. I will read the entire paragraph, and as I go along, the changes can be made : (Reading) : An example is that of the Brooklyn Daily Eagle, where in 1922 three presses turned out a circulation a third larger than the circulation printed in 1914 by the same number of presses. Mr. Wardman: The same kind? Mr. Simons : No, I mention here — same number of presses, the number of operatives increasing in these years only from 26 to 27 — by addition of one junior. Two of these three presses are new machines capable of turning out double as much as the presses they replaced. In order to verify that the presses are producing at least 50% more today than they were in the past, I will submit two letters, one from the Goss Printing Company, and one from R. Hoe & Co. I have not got copies of them, but I think it will be better to have them read. Mr. Edwards : Read them into the record. Judge Manton: I will read them if you will hand them to me. (Mr. Simons hands two letters to Judge Manton). (Reading) : "Mr. David Simons, "President, New York Neyvspaper Web Printing Pressme^n's Union, No. 25, "527 World Buildng, New York City "Dear Sir: "Answering your inquiry of the 16th inst., the guaranteed maximimi running speed of the Goss Rotary Web Perfecting Newspaper Presses, built in 1896, was 200-cylinder R. P. M., or at the rate of 24,000 papers per hour on straight run prod- ucts. The above applies to presses equipped with former folders and delivering the products folded to one-half newspaper page size. The Goss high speed presses of the same specifica- tions as built today are guaranteed to operate at a maximum 501 running speed of 300 cylinder R. P. M., or 36,000 per hour on straight runs. "Trusting we have given you the desired information, and assuring you we will be pleased to supply any additional data desired, we are "Very truly yours, "Goss Printing Press Agency, "Geo. A. Eddy, President and General Manager. "R. HOE & CO., "Printing Presses. "Mr. David Simons, "President, New York Newspaper Web Printing Pressmen's Union, No. 25, "527 World Building, New York City. . "Dear Sir: "Your favor of the 16th inst., is received. "In 1896 the maximum running speed of Rotary News- paper Presses was 12,000 revolutions per hour of the cylinders, but the machines were generally run at a somewhat lower speed. "At the present time the running speed is 18,000 revolutions, but the presses are generally run at a somewhat lower speed, though our extra heavy superspeed presses are run regularly in some offices at a speed of 18,000 and even 19,000 to 20,000 revolutions of the cylinders per hour occasionally. "In a general way it may be said that the speed, of news- paper presses has been increased 50 per cent since 1896. "We hope that the foregoing gives you the information de- sired. "Herewith we are sending you some pamphlets which may be of interest to you. "Yours very truly, "R. H. Hoe & Co., "Per L. O. Raabe, Assistant Secretary." 502 I think you might keep that (handing letters to Mr. Simon.) Mr. Simons : All right. The purpose of introducing the letters is to show that the pressman produces more today than he did since a good many years ago. Mr. Wardman : The letter says the presses produce more. Mr. Simons : We are going to show the other point. Judge Manton: Your point is, the same crew man the press, and that you get a greater productivity of the men. Is that it ? Mr. Simons : We have the figures which we will show later on to prove everything we say. Judge Manton: I suppose that these presses, because of the improved devices upon them, make the work less arduous? Mr. Simons: No, sir. Judge Manton: Just the same? Mr. Simons : Just as strenuous. Judge Manton: Is it increased? Mr. Simons: It is increased in this respect: That you have to keep up with the presses. You have got to use more paper on the press. You have got to get them ready faster. You have got to oil more continuously. It requires constant watching. You have more breaks. You have got to be more watchful, because if you have a break on these high speed presses and you are not on the job watching and ready to shut that press down, you will get a winder on there. By a winder I mean paper hung around the cylinder, and up goes the entire press to pieces. Mr. Jones: On the other hand, practically all of the devices on the presses have been refined, such as the device for the flow of ink, the automatic fountain; and the improvement on the plates and the imp;:ovement in the folders. Those have all been approved and are labor-saving. Mr. Simons : What difference does it make ? The point is they have got to be filled- It does not make any difference. You have got to touch your key or a button ; it makes no difference. Mr. Lester Jones: In the old days you filled your fountains 503 from the bucket, and now they are filled by opening a valve in the -pipe ; they are filled by a pump. Mr. Simons : We filled them from a bucket when I was a fly boy in the New York World, in 1898. It does not make any dif- ference. Mr. Kreitler : What do you do in the American ? Mr. Simons: The same thing. Mr. Kreitler: What do you mean, the same thing? Mr. Simons : Fill them with buckets. Mr. Kreitler : I want to say in regard to the point Mr. Jones made in regard to this automatic fountain, if he goes into it thoroughly he will find it is not the success it is supposed to be, because when the press is shut down, the ink continues to flow, and therefore causes considerable black sheets and muddy sheets and increases the waste in destroyed papers. If the press lies idle for a few moments the ink kind of keeps flowing- So he should investi- gate those things. Mr. Simons : And that means the pressman has got to pay more •attention, and he gets more abuse for having more waste. (Reading) : Another example is that of the New York Tribune. According to the Editor and Publisher of Dec- 17, 1921, the Tribune plant that in 1914 was turning out the equivalent of 90,000 eight page papers daily, was in 1920 producing 150,000 papers daily of as many as twenty-four pages week-days, equivalent to 450,000 eight page papers. In 1914 this plant had 15 men ; in 1920 the force had been increased only to 21 men. Thus 400 per cent, larger circulation was produced by a force only 50 per cent, larger than before. This sort of thing has occurred in almost every newspaper pressroom. We quote a section from The Industrial Education Survey of the Board of Estimate in 1918: "Speed of Presses Continues to Increase. "Manufacturers continue to make improvements upon presses which, from a mechanical viewpoint, seem already perfect. The "demand for greater production and finer kinds of work constantly -Stimulates the effort toward improvement. Machines which are 504 popular today may be obsolete ten years from now. The crying demand is for speed. The class of work which is being done today seemed almost impossible a few years ago. For example, one press has been developed which prints four colors, four plate cylinders and only one impression cylinder. "The rotary web perfecting presses are constantly gaining in favor. They are turning out a high grade of work at a far greater speed than the cylinder presses and most of the magazine and book work of the city is being printed upon them. It is only a question^ of time, in the judgment of the printing authorities consulted, when the web presses will be used for much of the work now accomplished by cylinder presses. "The largest press built is a double octuple press, having eight pairs of cylinders. The press consists of two separate octuple presses that can be coupled together, if the size of the sheet to be produced requires it. The builders of this press claim it can rua 32-page papers at the rate of 75,000 per hour. "The press that has been most successful as a producer, in the newspaper pressrooms of New York, is one consisting of three pairs of cylinders, known as a sextuple press. It is fed by three rolls of paper, each four newspaper pages wide. This press produces 96,000 12-page papers, or 48,000 24-page papers, per hour. Before 1917 the highest production ever attained by any press of the same number of cylinders was 70,000 12-page papers, or 35,000 24-page papers. "One trouble the press builders are beginning to meet is due to the great speed at which the presses are being run. The composition of which the rollers are made does not always stand the considerable centrifugal force to which they are subjected, and pieces of roller composition become detached and fly off as the press is running. It will be interesting to know just when, and at what rate of speed, the press builders will declare they have reached a point of maximum efficiency. "The machine and automatic devices now being introduced are far more complicated, and require more delicate handling and adjust- ment than those of the past. This necessitates more highly trained pressmen, in fact, calls for a trained mechanic, competent to deal intelligently with the complicated and costly machinery placed in his care'' 505 INDUSTRIAL ACCIDENTS AND DISEASES. I. Survey of Pressroom Conditions. The Union has been fortunate in securing the services of Dr. Louis I. Harris to make a thorough survey of the pressrooms of the New York dailies. Dr. Harris is connected with the Department of Health in this city and needs no further introduction. His report, which will be presented in due course, will cover, in general, the dangers of accident and disease which our members encounter by virtue of their work in and about the pressroom. It is, therefore, unnecessary to discuss these matters at any length in the main body of this brief. Th|ere are, however, a few things which we would like to call to the Arbitrator's attention at this point. II. Multiplicity of Hazards. A. We shall list some of the most pronounced hazards which beset the pressman in his daily tasks. Dr. Harris' report will dilate upon them, and the visit which you, Mr. Arbitrator, will, we hope, make to the pressrooms will reveal the truth of our assertions, as far as a single observation can reveal it. Mr. Wardman: I hope, your Honor, when you make that visit, that you will have a conversation with the large numbers of venerable gentlemen you will see there, in perfect health, that have been working in the pressrooms for 40 years, under these terrible conditions. (At this point a recess was had for about one-half hour). Judge Manton : Now, Mr. Simons. Mr. Simons : We want to present some photographs taken of members of the Union. We could not get them all, but we got a few at any rate. We have 125 photographs of our members. There were at least twice as many as that. We did not take any small injuries; we just took the fellows that were disabled to a certain extent. Mr. Wardman : These men are all working still ? Mr. Simons : Yes, sir, pretty near every one of them, I should imagine. There is one man there in particular that got both his hands caught, in the New York Times, Mr. Claude Lucher, I believe his name was. He is not working at the business. That is 506 about four and a half or five years ago, around four years; about four years ago. Mr. Wiley : These photographs cover a considerable period. Mr. Simons: The photographs do not bring them out as bad as they look when you see 'them in person. If there is any request made, we are perfectly willing to bring the members — Judge Manton : I suppose the point you make about this is, it is a hazardous industry. Mr. Simons : Yes, sir. Judge Manton : And this illustrates the hazard. Mr. Simons: It is a more hazardous industry in my opinion,, gersonally, than the war. That is no joke. You might laugh, but I will prove it. We had 420 odd members of our organization in the service and all that happened to them was that eight of them were killed,, and there may have been about 15 of them or 20 ot the gassed or maimed to some extent. And out of a total membership of 1,800, why we have at least 300 or 400 that are maimed ; and it must also be taken into consideration — Mr. Wardman : How long a period do the photographs cover ?" Mr. Simons: They cover a period of, I should judge, 15 years. Mr. Wardman: And the war, of course, covered a short period. Mr. Simons : That is true, but take the percentage. We have questionnaires that were taken on the injuries and the sicknesses and diseases and the time lost, the compensation re- ceived, which, if it is requested, why, we will submit. Judge Manton: This is your picture (handing photograph ta Mr. Kreitler) ? Mr. Kreitler: Yes. Mr. Simons: You might show the Judge your hand. Mr. Kreitler does not like to show it. He might lift his sleeve and show the nature of the injury. 507 Mr. Wardman : It did not affect his mental energy. Mr. Simons: But it has handicapped him for life. That is just as bad. Judge Manton : You may proceed. Mr. Simons (Reading) : 1. Bodily Mutilation. Work about the giant high-speed presses constitutes a continual danger of serious physical injury, particularly to the hands and arms. During certain operations a pressman is at all times within a fraction of an inch of having his fingers in the press. 2. Tuberculosis. This disease, as is generally known, is very prevalent among certain classes of newspaper employes. The following quotation is taken from the records of the Medico Actuarial Mortality Investigation — ^Vol. III. Effect of Occupation on Mortality — Compiled and published by the Association of Life Insurance Medical Directors and the Actuarial Society of America, New York, 1913 — ^p. 24. "The death rate from tuberculosis in both classes" (i.e. journeymen compositors and journeymen pressmen) "was about 50% above the normal, with a greater excess at the young than at the old ages at entry. The result is confirmed by the United States mortality statistics, 1909, on printers, lithographers and pressmen, and also by the Prudential experience." 3. Poison. Workers in a newspaper plant come into constant contact with dangerous poisons. The following all may occur in printing establishments, according to Harry E. Mock, in his book "Industrial Medicine and Surgery" (p. 305). Acrolein Carbon Antimony Monoxide Benzoin Arsenic Lead Menthyl alcohol Nerve strain. 508 Intense work at high pressure of speed and attention has a wearing effect upon the nervous system of pressmen. Added to this is the strain upon the optic nerve, due to poor lighting and the necessity of continuous concentration of vision, and an even greater strain on the auditory system, as a result of the steady roar of the presses. The following article on the malign influence of noise on workers appeared in the "World," 1/5/22. "Noise is a serious evil in industrial communities," says the Lancet (London), commenting on the lanti-noise cam- paign just launched by Prof. H. J. Spooner in England. "Continuous exposure to loud noises may lead to a sense of weariness that impairs working capacity more quickly than does severe muscular fatigue. It thus tends to lower output and so to raise the cost of production. From the economical point of view noise may therefore be regarded as exercising the same malign influence upon production as inefficient man- agement, poor light, bad ventilation or excessively long hours. "The fact is that while noise may be tolerated, if not ignored, by healthy people at their best, the majority are not in a condition of bodily and nervous health to resist the irritation and consequent weariness induced by a long continuance of. loud noises. It is not only the naturally hypersensitive Carlyles who suffer, for few long-distance travelers by rail are alto- gether exempt from fatigue. "Over and above the effect of noise upon the general nervous system, there is the deleterious influence exerted directly upon the hearing organ of workers in noisy occupa- tions." Lack of proper sanitation. Inadequate toilet and washing facilities in most of the newspaper establishments constitute a source for the spread of contagious and infectious diseases, and increases the press- man's chance of falling a victim to one or more of the poisons listed above. Dampness and draft. The condition of dampness and draft surrounds every 509 pressroom. Rheumatism, colds, etc., are the concomitant re- sults. III. Percentage of Accidents. A. In the endeavor to discover the percentage of pressmen who have suffered accidents as a result of their work, the Union issued a questionnaire which aimed at bringing out this informa- tion. These questionnaires will be submitted upon request. 1. 264 men answered the questions. 2. 66 reported no accidents. 3. 198 reported accidents. 4- The percentage of those reporting accidents is 75.0. B. The following is a rough classification of the accidents according to their nature. Loss of hand — 2 cases. Loss of fingers or toes— ^22 cases, ranging from part of one finger, to all the fingers and thumb of right hand. Broken Bones — 34 cases, including leg, arm, collarbone, ribs, fingers, toes, wrist, ankle, hand, foot. Sprain — 7 cases, including back, ankle, arm, spine. Crushing — ^29 cases, including crushed hands, feet, ankle, fingers, toes, leg, head. Cuts and bruises — 49 cases. Blood poisoning — fingers, hand, elbow — 12 cases; general — metal poisoning — 4 cases ; ink poisoning — 1 case. Injuries, not defined — 89 cases, including hand, foot, knee, elbow, leg, arm, rib, shoulder, spine, face, head, finger, toe, eyeball. Others — Hernia, 5 ; Double Hernia, 1 ; Rupture, 5 ; Double Rupture, 2 ; Weakened eyesight, 1 (yoke fell on head) ; Erysipelas, 1 ; Contusion of kidneys, 1 ; Fallen arches, 1 ; Lost sight of one eye, 1. (The obvious discrepancy in figures is due to the fact that some individuals reported more than one accident). IV. Prevalence of Disease. A. The same questionnaire asked this question. ''Have you contracted any disease which you consider the direct result 510 of your condition of employment" ? Too much weight, of course, should not be given to the answers to this question. In the first place, because it is frequently difficult to trace the cause of a disease; in the second place, because pressmen, as all workers, are loath to consult physicians except when absolutely neces- sary, partly on account of financial reasons, and partly on account of ignorance, and it is certain, therefore, that many of them today are suffering from some malady which they know nothing of ; thirdly, because many of the men are quite naturally reticent to report their diseases, especially certain ones, which accounts for the fact that not a single pressman acknowledged that he was suffering from tuberculosis, although it is known that this disease is very prevalent throughout printing establishments. We offer the figures for what they are worth. 1. 238 answered the question. 2. 183 reported no disease. 3. 55 reported diseases. 4. The percentage of those reporting diseases due to the condition of their employment is 23.1. B. A brief classification of the nature of the diseases fol- lows: Pneimionia 1, Colds and Cough 5, Chronic Laryngitis 1, Chronic Bronchitis 1, Catarrh 1, "Lung Trouble" 1, "Breathing Difficulty" 2(1 case due to accident). Total . 12 Stomach trouble 6, Gastritis 3, Indigestion 5, Catarrh of the Stomach 1 (Attributed to irregular meal hours) , Total _.... 1 5 Hernia 2, Rupture 1, Double Rupture 1, Total 4 Rheumatism 6, Sciatic Rheumatism 1, Total 7 Neuritis 1, Nervousness 4, Nervous Breakdown 3, Total - - -- 8 Insomnia 4, Fallen Arches 1, Body Rash 1, Erysi- pelas. 1, Cold in the Kidneys 1, Total- Bad Hearing. _ _ — - 1 Defective Eyesight _ — - 8 63 (Discrepancy in figures due to fact that some indi- viduals reported more than one disease.) 511 V. Relative Hazard. A. It is interesting to compare the effect of occupation on mortality in the case of pressmen and of other crafts commonly known as more or less hazardous occupations. The following is a list of occupations which prove to be less hazardous than the pressman's according to the Medico Actuarial Investigation (1913) referred to in a previous section of this brief. The fig- ures represent the ratio of the actual death rates of the occupa- tion to the expected death rate of the entire population of like age and sex. Pressmen, Journeymen 117 Smelter "VViorkers _ 114 Woolen Mill Operatives (male) 113 Painters (house) Journeymen _ Ill Stationary Firemen „ 110 Bricklayers 108 Cotton Factory Operatives lOS Chauffeurs (non-racing) 108- Lumbermen _ 106 Millers, Journeymen .-. 106 Electrical Engineers handling live wires 105 Compositors, Journeymen 102 Paper & Pulp Mill Operatives (male) 101 Shoe Manufacture Operatives (male) 101 ' Burnishers, Buffers, Finishers and Polishers of Metal 101 Plumbers & Steamfitters, Journeymen 99 , Tailors, Journeymen _ 99 Bakers, Journeymen _ 98 Butchers (Retail) ....._ 96 Tanners, Journeymen _ 83 Inshore Fishermen... 73 Drillers, Pumpmen & Gangers — Oil Fields 71 GENERAL ECONOMIC CONDITIONS I. Introduction. Before discussing the economic conditions of the newspapers themselves, it will be well' to consider briefly the financial and economic status of industry in general. The Press, of course, 512 is bound to reflect to some extent business conditions in every field of economic activity. When business is depressed adver- tising lineage will have a tendency to fall off; during times of activity it will increase. It should be borne in mind, however, that the newspapers have been particularly fortunate during the recent depression by virtue of the fact that overstocked mer- chants have had to have recourse to newspaper advertising to reach the buying public, and have turned away, to some extent, from the weekly and monthly periodicals and other forms of advertising mediums. The following quotations are to the point : "It is significant that while the tendency of magazine adver- tising rates is downward the tendency of newspaper advertising is upward. The newspaper's loss in volume of advertising has been comparatively small while revenues have remained about the same because of the increases in rates made last year."- — (Editor and Publisher, 6/4/21— p. 24.) "According to Thomas F. Moore, associate director of the A. N. P. A. Bureau of Advertising at the N. Y. C. Associated Dailies Convention: " 'While business has not come up to predictions I made at your annual meeting last January it is not as bad as many expected it would be. In 1921, national advertising in news- papers was between $200,000,000 and $250,000,000. In 1921, the magazine advertising has fallen off anywhere from 40 to 75%, While newspapers are off an average of 25% at the very most in volume of national business .... and while newspaper line- age may be qif 25 % in national business, the actual money dif- ference can safely be put at not more than 12j^%, because of rate increases made since the corresponding period of 1920. " 'At present practically 90 cents of every dollar being spent for advertising is going into the newspapers. Manufacturers realize that goods must be sold and sold quickly, and the news- papers are th« only place they can go to get their message quickly enough to the public' " — (Editor and Publisher, 7/2/21, p. 7.) Nevertheless, it is true that the papers will benefit from a resumption of business activity. If they were able to weather the storm at the present wage rates, surely they can now afford any increase that the situation may demand. 513 II. Present Economic Conditions. A. There is no doubt whatever that business has now for some time been on the up-grade. These improvements in busi- ness are signalized by the following economic facts : 1. Stability of wholesale prices after the recent fall. 2. Large "banking reserves, reduced volume of loans, and lowered interest rates. 3. Marked increases in production, particularly in basic industries. Everyone will agree that there could be no better or more fundamental indices of business conditions than these. B. Stability in Wholesale Prices. It is an accepted principle that the bottom of a depression has been passed when wholesale prices cease falling and become relatively stable. While the depression is with us prices continue to fall because of a surplus of supply over demand. Most pur- chasers will not buy on a falling market, except to secure imme- diately necessary material. But the moment the overstocks are used up, and demand increases, the fall in prices ceases. Then trade is stimulated, because of the desire of purchasers to get in as near the bottom as possible. That this has now become the condition may be seen from the following official government wholesale price indices. U. S. Dept. Fed. Reserve of Labor Board Index Index May - 151 142 June 148 139 July - 1 48 141 August - 152 143 September 152 143 October 150 141 C. Large Banking Reserves, and Low Interest Rates. When a depression begins, the reserves of the banks are small in relation to their loans and interest rates are therefore, high. This restricts trade and production. The depression is a process of liquidation. Loans are gradually reduced, reserves 514 are increased, and at length interest rates fall. When this process has gone far enough, business is ready for new expansion, be- cause it can secure ample credit at easy rates. The change in the Federal Reserve System is a good index of the change through- out the country. The fall in bills discounted compared with the rise in total reserves is to be noted. Federal Res. F. R. Bills Discounted Total Reserves Oct., 1920 $2,801,000,000 $2,168,000,000 Oct., 1921 .._ 1,309,000,000 2,937,000,000 % change 53.1% 35.4% By January 12, 1922, the following unprecedented strength- ening of the financial situation had taken place, according to the Federal Reserve Bank statement: f F. R. Bills Discounted F. R. Total Reserves $1,074,000,000 $3,041,000,000 As to interest rates, the rate on New York call loans, which is the best index, fell from 7.65 per cent in October, 1920, to 5.15 per cent in October, 1921, and to 3.50 per cent in January, 1922. The drop thus registered is 54 per cent. No better financial condition for business expansion can be imagined. D. Production Increases. These fundamental conditions are reflected in an increase in physical production, particularly in basic industries. As pro- duction increases, business improves. Concerning the state of production, we can do no better than present a photostat copy of a page from "The Survey of Current Business" as of Nov. 1, 1921, issued by the U. S. Department of Commerce. (This is the latest available issue of this periodical.) E. Other Authorities. Besides the authority just quoted, the most reliable author- ities in the country on general business conditions are the Fed- eral Reserve Bulletin and the Harvard University Committee of Economic Research. These we shall quote in conclusion, to clinch the argument. From Federal Reserve Bulletin, December, 1921 : 515 "The progress toward norrrial conditions achieved during November has been continuous, as may be seen by a comparison with the corresponding month of a year ago, or vvith the general movement of economic conditions since the beginning of this year. Cotton and woolen textiles in some of the principal pro- ducing districts are almost on a normal basis. Steel and iron, while working at about SO per cent of capacity, are in much better condition than was true a few months ago. In some industries which had accumulated large surplus stocks, such as zinc, demand has been sufficient to carry off a part of the over- supply. Unemployment has at least slightly decreased. Export trade continues in substantial volume, showing an increase dur- ing October, and while laboring under many handicaps due to unsettled exchanges, shows the result of strong foreign demand, especially for staples. This iS particularly noteworthy when it is remembered that' the prices at which cotton and cereals are now being shipped are so much lower than those of a year ago. Banking conditions are reported slightly improved practically throughout the United States. "Reduction of prices for cereals and failure of cotton to maintain the level attained in September-October have proven a serious handicap to farming interest. Results of this relatively low return for output have been a reduction in the demand of farming communities in some parts of the country for consumable goods and a simultaneous tendency to check somewhat the process of liquidating loans at banks. Nevertheless, retail business continues to improve, taking the country as a whole, and has been materially helped by the improvement which has taken place in employment conditions during the past few months. Improvement is also observable in wholesale trade, sales comparing favorably with a year ago. Prices continue to maintain a substantially stable position. The Federal Reserve Board's index for October shows a recession of less than two points, and it is evident that the price changes which are now occurring do not represent any extensive movement toward modification of the average level. "Important financial developments have taken place during the month. In addition to a general reduction of Federal Re- serve discount rates, there has been a distinct tendency toward decline in the level of market rates both for short and long term 516 funds. This has been accompanied by a decided advance in the prices of bonds, and particularly of standard securities. New offerings of capital issues have, in many cases, been readily ab- sorbed and the general condition of credit has become easier." From Harvard Economic Service, Weekly Letter, January 3, 1921 : "A relationship of the lines of our index chart closely simi- lar to the present may be found in the summer of 1904, in the spring of 1908, and in the winter of 1910-11. The improvement in business following these three dates took place ten to twelve months after the beginning of a marked decline in interest rates. Such a decline has been the most noteworthy movement of the last six months .... on the basis of this decline and the expe- rience of former business cycles, a stibstantial increase in business activity and an advance in commodity prices will thus take place ten to twelve months after April, 1921, or from February to April, 1922. "'The liquidation which has been in progress since the boom of 1919-20 has been sufficiently thorough to lay a substan- tial foundation upon which business may. build for the future. .... Thus, at the end of 1921, the scene is set for a substan- tial business improvement; the cyclical movements in specula- tion, business, and money, which must move in sequence because of the necessary economic relationships between them, have now reached a position from which the next movement should be an advance of commodity prices and an increase of business activity." THE STATUS OF THE NEWSPAPERS The economic condition of an industry is recognized as one of the determining factors in fixing a wage scale. It is, there- fore, highly important that the arbitrator should be given as much information on the financial status of the Publishers as possible. We have already opened our books to him ; he knows what we earn ; he knows what we need. We will now turn the searchlight upon our employers and reveal as much as we are able of what they may consider as their own private affairs, but which we hold is at least as vital to us as to them. Of course, we cannot tell you the whole story. The information at our 517 disposal is fragmentary, and the picture we will paint for you must, perforce, be correspondingly fragmentary. But these sev- eral fragments which we are about to present will, at least, reveal an illuminating bird's-eye view of the situation, even though they may leave some of the details in a hazy back- ground. GENERAL PROSPERITY OF THE NEWSPAPERS I. Introductory' Statement. A. We do not see how the newspapers can with sincerity plead inability to pay the wages we are asking. The external symptoms of their success are so marked that they place the stamp of prosperity in burnished letters on the newspaper indus- try in New York City. The history of the industry tells a story of expansion and development at an ever accelerating pace. Larger papers, more editions, greater circulation, accompanied by a steadily mounting advertising income due to increased line- age combined with increased rates. We have already pointed out the unique position of the New York newspapers, command- ing as they do the largest and richest reading area in the worid today ; free, 35 a group, from the fear of competition from other quarters or from newcomers within their gates, while they them- selves extend further and further beyond the city limits through 'their syndicated matter as well as by means of a growing de- mand throughout the country for New York City dailies. And the owners of these papers have grown wealthy with the growth of their enterprises. II. Recent Expansion of Metropolitan Dailies. A. The Herald, Sun, and Telegram have all moved into larger, more suitable quarters, and virtually all the papers have been compelled to increase their pressroom floor space to accom- modate the larger modern high-speed presses which are steadily replacing the less up-to-date and less efficient ones. B. The New York Times has announced that it is going to build an extensive addition to its already spacious quarters. The following quotation on the subject is from the Editor and Publisher (1/7/22, p. 16): (Recess was had for about 10 minutes.) 518 Judge Manton: You may proceed, gentlemen. Mr. Wardman : I have been reading ahead in the Brief. This stuff is not sound, and in my judgment it is not admissible. I wonder if you want us to take up- your time now) about this. It would save our time later in showing how ridiculous it is. It is simply an example of people who do not know what they are talking about when they get fooling with mathematics, they lose themselves. I notice in looking over some of these figures that you have some newspapers down here as saving more money than they paid for white paper at the peak. You have got them down for what their total paper bills were at the peak. Mr. Simons: No question, about it. Mr. Wardman: How can they save more than they ever paid. Mr. Simons: Because it has come down 300 per cent. Mr. Wardman: If a man paid $600,000 for paper at the time — Judge Manton: I think the best way is to let Mr. Simons finish. Mr. Wardman: In the first place, I do not think this testi- mony is admissible, for this reason — Judge Manton: We will take it all. Mr. Wardman: You will? Judge Manton: Yes. Mr. Wardman: That simply makes a lot of labor. Judge Manton: I will tell you if you need to reply. You may go ahead, Mr. Simons. Mr. Simons : (Reading) "N. Y. Times Home Will be Doubled — Building operations started in April, will add 10,000 sq. ft. on each of 11 floors — giant pressroom planned. . . . New presses are to be. added, doubling the capacity of the pressroom.. Instead of a number of presses, each of fixed size, it is planned to provide printing units, each of 8 page capacity that it may be coupled together to pro- 519 duce papers of the desired size. There probably will be 64 of these units. "This will be the fifth building the N. Y. Times has occupied under its present ownership. The Times used 22,000 sq. ft. of space in its quarters at 41 Park Row in 1904. It expanded to 40,- 000 sq. ft. in the Times Building in Times Square." That shows a little bit of prosperity. That shows the poor pub- lishers are not losing any money. It shows that they have outgrown themselves, and any business that outgrows, itself four times and does not make money, ought to go out of business. Mr. Wardman : Of course, some of the newspapers make money, Mr. Simons. Everybody knowg that. Of course, some of them lose it. Mr. Simons : I did not interrupt your case, Mr. Wardman. I was very patient with you ; at times I felt like jumping up, too. Mr. Wardman : Yes, you were. I was only trying to save labor here. Mr. Simons (Reading) : B. The Tribune, forced by rapid expansion of its business to seek more space is in the near future going to abandon its present site and become a close neighbor of the Times. The following news item from Editor, and Publisher (12/17/21 — p. 6) is of interest. "N. Y. Tribune to Quit Park Row. "Buys 15,000-foot plot on 40th Street Near 7th Avenue— Has Been on Present Site Since Greeley Started in 1841. "Contracts were signed Thursday for the purchase by the New York Tribune of the plot of 15,000 square feet at 219 to 229 West 40th Street, where a building will be erected for the exclusive use of the Tribune. Building operations will be started very soon in the hope of having the building ready for use by May, 1923. "Then will end an occupancy which will have extended over a period of more than 80 years, for it was in 1841 that Horace Gree- ley established the Tribune in a small frame building at the corner of Nassau and Spruce Streets. Twenty-five years ago the present Tribune building contained a model newspaper plant, and today it 520 is a modern plant in every respect, but growth of circulation and advertising call for new facilities for which there is not space in the present building. "Until within recent years, the great body of morning news- paper readers could be served by a local delivery system which made location of the plant unimportant. But suburban circulation has be- come so great that a plant well located with reference to railroad terminals is an essential to a successful morning newspaper. . "The Tribune plant that in 1914 was turning out 60,000 papers daily was in 1920 producing 150,000 papers daily of as many as twen- ty-four pages week-days and from 80 to 100 pages on Sundays, and in that same plant where in 1914 a total of 2,000,000 lines of adver- tising was considered a splendid volume, a total of more than 10,000,000 lines was handled in 1920. "The new home of the Tribune will be a modern newspaper plant, complete in every detail. It will be a structure of not less than six stories above the ground with special facilities for delivery within the building. The ground floor and those below the street level will cover the entire plot of 15,000 square feet. The upper floors will be designed with special references to light and air and will have a usable area of approximately 12,000 square feet, giving the Tribune a total working space of more than 100,000 square feet or double its present facilities. III. Outlook for the Future. A. The newspapers are entering 1922 confident that the new year will exceed in prosperity the year that has just passed. End- less quotations to substantiate this statement could be introduced, but two will suffice as illustrations, in order to save time and space. 1. "The annual convention of the New York agency of the Mergenthaler Linotype Co. was held on Dec. 28 and 29 at Linotype's Brooklyn headquarters. The consensus of reports from the field was that the business outlook was good. "Joseph T. Mackey, secretary-treasurer announced that there was much reason for anticipating exceedingly satisfactory business activity in 1922." (Editor and Publisher, 1/7/22 — ^p. 13) . 2. "Optimism is reflected in the replies by representative pub- 521 lishers throughout the country to quotations asked therrt- by Editor and Publisher during the past week on prospects for 19^2 business. Most of them report that industries in their part of the country are again on the up-grade and that renewed activity seems likely throughout the early part of 1922 at least." {Editor and Publisher, 12/31/21 — p. 5.) ADVERTISING Advertising is, of course, a newspaper's chief source of income. Careful consideration of the advertising record of the papers will, therefore, throw considerable light on the prosperity of the in- dustry. I. Advertising Lineage, 1914 to 1921, inclusive. (Note: The entire discussion on advertising lineage is based on the figures compiled by the Statistical Department of the New York Evening Post. The original tables are reproduced on the opposite page). A. The following table shows the total number of agate lines of advertising printed by 13 metropolitan dailies during each year, 1914 to 1921, inclusive. The papers covered are the following: American, Brooklyn Eagle, Evening Journal, Evening Mail, Even- ing Post, Evening Sun, Evening Telegram, Evening World, Globe, Standard Union, Times, Tribune, World. These papers were selected because they have been in continu- ous existence under the same names since 1914, and because lineage data is available for each of them over the entire period. In 1921, they included more than 85% of the total lineage recorded in the in the Evening Post tabulation. 1914 81,317,900 agate lines 1915 ,. .84, 141, 654 agate lines 1916 92,563,533 agate lines 1917 .94,788,796 agate lines 1918 .94,014,267 agate lines ' 1919 ;..:.;; 127,709,393 agate lines 1920 141,065,663 agate lines ■ 1921 130,376,255 agate lines Average 1914-1921 incl 105,747,183 agate lines B. These figures reveal several interesting comparisons. 522 1. 1921 was the biggest year as to advertising lineage that the Hew York papers ever had with one exception, 1920. 2. 1921 was only 7.58% under 1920, the banner year in the his- tory of the industry. 3. 1921 exceeded 1914 by 49,058,355 lines, or by 60.33%. 4. 1921 exceeded 1918 by 36,361,988 lines or Vy 38.68%.) 5. 1921, exceeded the average of 1914 to 1921, inclusive, by 24,629,072 lirtes, or by 23.29%. The chart on the opposite page brings out these comparisons in graphic form. The date for the individual papers and all the details of the computations will be found in Exhibit 4. C. The conclusion. is inevitable that as far as volume of advertis- ing is concerned, 1921 reached heights which must have been undreamed of in 1914. The falling off from 1920 is so slight as to be virtually negligible. There is probably no other in- dustry in New York City, or in the entire country, which can boast of such a slight shrinkage from the peak of business. You will also find before page 88, scale on the lineage of ad- Tcrtisements. It is plain. Judge Manton: What is meant by "80"? Mr. Simons: Total newspaper advertising in agate lines — ^blue- prints. Mr. Wardman: That is the measurement, the measurement stidc. Mr. Simons (Reading) II. Advertising Income, 1914-1921, Inclusive. A. But lineage figures alone teU only part of the story, and tihe less important part. What interests the newspaper owners is tiie revenue which they obtain as a result of the lineage. In this section we shall endeavor to enlighten the Arbitrator on this score. B. To compute the revenue, it is, of course, necessary merely to multiply the lineage by the rate received for it. This, however, is not as simple as it may seem. Only the books of the newspapers could give an absolutely accurate figure, the reason for this being 523 that there is not one rate pertaining to all the advertising' matter in each issue, but a great variety of diflferent rates. Rates vary as to type of advertising matter, as to space, length of contract, posi- tion in paper, etc. For our calculation we have selected the one-time agate line rate. It may be argued by the Publishers, that their average rate is lower than this. This may be so, although we have made no allowance for Sunday rates, which in most cases are considerably higher than week day rates, nor for premiums paid for particularly desirable positions in the paper. All things considered, it can safely be said that the one-time agate line rate is not very much higher than the average rate. But even were it considerably in excess, this fact would not vitiate our argument in the least. For what we are interested in is not so much the absolute volume of revenue as the comparison between the volume in th^ various years — the trend of advertising revenue, so to speak. And since we have been con- sistent in using the same rate throughout the period, our conclusions as to the fluctuation of advertising revenue are valid. Judge Manton : Now, Mr. Simons, you have shown a great in- crease in rates of advertising,^and so forth? Mr. Simons: Yes, sir. Judge Manton: I suppose that there has been a fall in the price of paper, has there not? Mr. Simons: Yes, sir. Judge Manton : And has there been any decirease in advertising cost since then? Mr. Simons: Decrease, no, sir; positively not. No decrease in anything. Judge Manton: If they get a more favorable labor condition, what is your judgment about the decrease in cost of advertising ? Mr. Simons : It would be a more picayune labor condition. In my opinion, they could stand for a penny paper and make a reason- able profit. We intend to prove that while newspapers are publish- ing stories about profiteering, that they are the biggest profiteers that exist in this state today. Millions and millions of dollars are flowing into their pockets. Millions. One paper alone we intend 524 ti, prove is saving ten million dollars on white paper alone, com- pared to the high price of paper. We will prove it. (Reading) Union's Exhibit 5 shows the rate used for each paper through- out the period. Below we give merely the 1914 and 1921 rates, and the increase between the two dates. Our source for rates is "Advertisers' Directory of Leading Publications", published by the Charles H. Fuller Co. of Chicago. Increase One Time Agate One Time Agate 1921 over Line Rate, 1914 Line Rate, 1921 1914 American •40 .60 50% Brooklyn Eagle .16 .20 25% Evening Journal .60 1.25 108.3% Mail .35 .50 48.8% Post .20 .40 100% " Sun .30 .50 66.6% " Telegram .30 .35 16.6% World .40 .60 50% Globe .35 .45 28.5% Standard Union .15 .20 33.3%, Times .40 .65 62.5% Tribune .25 .50 100% World .40 .60 50% Mr. Wardman: Did you leave out the Herald, to spare me from an indictment? Mr. Simons: The Herald? Mr. Wardman: Yes. Mr. Kreitler: The Herald and Sun were combined. They were under one name. Mr. Wardman : Never mind. Mr. Simons: You can ask me all the questions you want. Mr. Kreitler: Mr. Simons, you will have to get up a little data on Mr. Wardman. He is disappointed- Mr. Wardman : I am glad I was left out of the profiteers. , 525 Mr. Simons : We will include you later. The following table shows the advertising income for the 15 papers combined. Judge Manton: This is gross income, of course. Mr. Wardman: This is your estimate. . Mr. Simons : This is our way of figuring. We think that is correct ; we think that is the proper way. (Reading) : C. The following table shows the annual advertising income for the thirteen papers combined from 1914 through 1921, and the average income for 1914 to 1921, inclusive. 1914 $27,539,180 1915 29,109,830 1916 33,385,417 1917 37,227,924 1918 37,526,996 1919 54,625,946 1920 74,503,747 1921 71,883,813 Average 1914-1921, incl 45,725,357 The chart on the opposite page shows these facts in graphic form. Exhibit 5, consisting of two tables gives all the details for the various papers. D. The following facts stand out and testify to the tremend- ous prosperity of the newspapers at the present time. They prove a great deal more conclusively than the lineage figures alone that the newspapers not only weathered the financial storm, but that they plowed right through it with sails unfurled. Surely, there can be no excuse to refuse us our long delayed wage increase on the grounds that the newspapers could not afford to pay it. It was always a habit, whatever the purpose of it was I could not say, but at every arbitration that has ever taken place between any of the Unions that I can remember, the Newspapers have al- ways pleaded poverty. Of course, this time I am glad to see that they do not plead poverty. No mention about poverty at this particular time ; but in 526 previous years they have always pleaded poverty. They have said on numerous occasions, "Mr. Arbitrator, if you grant these men this increase in wages, we must go out of business." ilr. Wiley: Would it be fair to take the testimony of Mr. Lamot, of the Evening Post? Mr. Simons : No, but we will present your testimony where you say that, a little later on, Mr. Wiley. "The Brooklyn Times, the Brooklyn Citizen, the Brooklyn Eagle, will go right out of business, clean." There was the plea of poverty with the Compositors, and the Publishers said they would have to go out of business if the award was granted; yet there was an award of $9.00, the entire amount they asked for, and they are all in business and they are here today, and not even pleading poverty ; and this is the first time they have never pleaded poverty. That is the best proof in the world that they are 'cleaning up'. Mr. Wardman : That you have a sound presenter here. Mr. Simons : You are only working for a living, the same as I am. You do not own the papers. I appreciate the position you are in. (Reading) 1. Advertising income in 1921 was the largest in the history of the newspapers except in 1920. 2. 1921 was only $2,619,934 or 3.52% below 1920. 3. 1921 exceeded 1914 by $44,344,633 or 161.02%. 4. 1921 exceeded 1918 by $34,356, 817, or 91.35%. 5. 1921 exceeded the average of 1914-1921, inclusively by $26,158,456, or 57.21%. E. Any comment we could make on these figures would fall flat. We leave them in their bald form for the Arbitrator's con- sideration. Judge Manton: That is made up, do you think, by the increase in rates, and not the increase in volume? Mr. Simons : The 1921 exceeded the 1914 volume, and also the rates, both. 527 Mr. Wardman : The shrinkage in lineage was ten million lines, from 1921 to 1920. How do you figure the value of that shrink- age? Mr. Simons: If there is no objection, this gentleman did the figuring for us (indicating Mr. Bernheim). Mr. Bertiheim : The lineage shows a decrease of about 7 1-2 per cent, from 1920 to 1921, but the revenue decrease was approxi- mately only 3% per cent. The difference was made up by in- crease in lineage from 1920 to 1921. Judge Manton : Was there an increase in lineage from 1914 to 1920? Mr. Bernheim: A very large increase. We can figure it out. That is shown there. Sixty per cent, in lineage. It is shown on page 88. We went by the same number of papers that were in existence at that time. Mr. Wardman: What I am getting at just to get it clear in my head, the figures show there were ten million fewer lines of advertising in 1921 than 1920, is that right? How do you figure that, to get it into dollars ? I am only asking for information. Mr. Bernheim: We have explained in the Brief that we had to take some single rate., We could not tell what the different rates were and what the lineage was for each one. We took the one time agate rate. We concede that may be higher than the average rate you get. This is an index of the change in revenue. The ac- tual figures may not be right. They probably are not. They surely are not right. If we use the same figures for each of those years, we get an accurate comparison, and it has fallen off as far as revenue is concerned, abotit 3 1-2 per cent. We take the lineage. Mr. Wardman: There is a difference between 1920 and 1921. Mr. Bernheim : That is 7 1-2 per cent. Mr. Martin : What do you figure the value of it ? Mr. Bernheim : It is all in the exhibit. The values are shown. Here is the value of it. Twenty-four million in 1920, and seventy- one miUion in 1921. Those are just rough figures. Mr. Martin : What do you figure the value of it ? 528 Mr. Bernheim : I just told you. Mr. Simons : Three million dollars less. Judge Manton : Go right on, Mr- Simons. Mr. Simons (Reading) : CIRCULATION Next to advertising as a source of income for the newspapers, comes circulation — the revenue from the daily sales of the paper. But circulation is more important for its effect on advertising than in itself. For upon the extent to which a paper gets into the hands of the buying public depends its appeal to the selling public — ^the advertisers. Advertisers, of course, will favor the medium which best serves their purpose, and will weigh the price they pay not only by the line rate charged, but by that rate in relation to the pub- licity obtained. Hence, rates as well as volume of advertising both bear a close relationship to circulation. I. Circulation, 1914 to 1921, inclusive. (Note: The discussion on circulation is based on the figures compiled by the Statistical Department of the New York Evening Post. The original table is reproduced on the opposite page. The figures written by hand at the bottom of the page represent the average for April and October for each year. The figure written l>y hand at the extreme right represents the average for the year 1914 to 1921, inclusive. The apparent errors in addition have been <:orrected.) A. The following table shows the total circulation as of April 1st and October 1st of each year, and the average for the year for -all the Metropolitan dailies listen in the Post compilation. Average for Year April 1, 1914 3,146,494) 3,285,672 October 1, 1914 . — 3,424,851 ^ April 1, 1915 3,385,428^ 3,461,030 October 1 , 1914 3,536,633 ] April 1, 1916;. - 3,496,761} 3,566,523 October 1, 1916- 3,636,286^ April 1, 1917 3,747,620f 3,786,841 October 1, 1917 3,826,063 ^ 529 Average for Year April 1, 1918 3,515,010) 3,381,977 October 1, 1918 3,248,945 J April 1, 1919 3,402,303) 3,418,648 Octobfer 1, 1919 3,434,994^ April 1, 1920 3,388,140) 3,469,210 October 1 , 1920....- _....3,550,28o5 April 1, 1921 3,654.530^ 3,700,343 October 1, 1921 3,746,156^ Average, 1914—1921 Incl. 3,508,781 B. The following relationships are brought out by these fig- ures. 1. 1921 was the biggest year as to circulation that the New York papers ever had with the exception of 1917, and the falling off from that year was only 86,498 copies per day, or 2.28%. 2. The average daily sale in 1921 exceeded the average daily sale in 1920 by 231,133 copies or 6.66%. 3. The average daily sale in 1921 exceeded the average daily sale in 1914 by 414,671 copies, or 12.62%. 4. The average daily sale in 1921 exceeded the average daily sale in 1918 by 318,366 copies, or by 9.41%. 5. The average daily sale in 1921 exceeded the average daily sale for the years 1914 to 1921 inclusive by 191,562 copies, or by 5.45%. The chart on the opposite page brings out these comparisons in graphic form. C. This section shows that circulation is not only not falling off, but is actually on the increase, there having been a steady rise since October 1, 1917. This insures the present high advertising rates re- maining in force for a while, at least. II. Circulation Income 1914 — 1921 Inclusive. A. We will now proceed to arrive at an estimate of the cir- culation income of the newspapers, just as in the last section we computed the advertising income. B. It has proved to be an impossible task to discover the exact price which the different papers received from the news 530 dealers and the exact dates on which the prices were changed. We are compelled, therefore, to make a somewhat rough estimate, but we have been careful to err on the side of conservatism so that our mistakes will dedound to the Publishers' favor and not to ours. The following table shows the rates we used in our com- putation. 1. Morning papers (average of daily and Sunday) 1914 _.._ „ _.._ .75 per 100 1915 _ .75 per lOCL 1916 - .75 per 100 1917 , .75 per 100 1918 .75 per 100 1919 — _ .75 per 100 1920 1.65 per 100 1921 ...._ ._ 1 .65 per 100 2. Evening papers. 1914 .60 per 100 1915 _ .60 per 100 1916 .__ _ .60 per 100 1917 _.-_ _ _.... .60 per 100 1918 - - 1 .00 per 100 1919 _._ _.._ 1 .40 per 100 1920 _2.10perl00 1921 .2.10 per 100 C. We then took the total circulation figures from the Eve- ning Post compilation and computed the annual sales for each year from the average of the April 1st and October. 1st figures. The next step, of course, was to multiply the total circulation by the rates, taking into consideration the different price of morning and evening papers. The result, which represents the annual circulation income of all the papers combined, appears below 1914 _ _ _ $ 7,895,925 1915 _ 8,339,089 1916 8,595,611 1917 _ 9,147,250 1918 _ - - 11,020,821 1919 _ 13,950,377 1920 _ _ _ 24,035,287 1921 25,277,017 Average, 1914-1921, Incl 13,532,672 531 D. The startling conclusions that result from this tji)V..lation are revealed at a glance. Yet it is worth while to point them out in concrete form. 1. The circulation income in 1921 was the highest ever at- tained by the newspapers. 2. It exceeded that of 1914 by $17,381,092, or 220.13%. 3. It exceeded that of 1918 by $14,256,196 or 129.36%. 4. It exceeded that of 1920 by $1,241,730, or 5.16%. 5. It exceeded the average circulation income of the years 1914-1921 inclusive by $11,744,345, or 86.79%. 6. It exceeded slightly the total circulation income of 1914, 1915, and 1916 taken together; or of 1918 and 1919 taken together. The graph on the opposite page tells the storv »<■ » firlance. That does not look like poverty. REDUCTION IN COST If there is no objection, Mr. Bernheim would just like to ex- plain, how those figures were compiled. Mr. Bernheim: I want to take out and talk about the paper figures, wihich we are going to present in the next section, because these figures seem to Mr. Wardman and some of the other gently men to be ridifiulou^. That is, the statement that tjie Times, for instance, saved more money in paper than they actually spent. That is true. We have them down as having spent only fiv^tniUion on paper and we have the saving down as seven million. I want to explain how we compiled these figures and what we think they mean. We took the Federal Trade Commission's figures on the mar- ket price of paper. That is, to show the spot price, the price that would have to be paid to a jobber if you went and ordered small quantities of paper. As a matter of fact newspapers purchase on contract and at much lower prices. That is if they had to pur- chase at market spot price. We have the total saving as $38,000,000. They might not 532 have saved $38,000,000., but certainly they saved and will save in 1922 as compared vi^ith 1920 at least many million dollars. They spent at least six cents a pound for paper in 1920, and they surely can buy their paper in 1922 for four cents a pound or less, or probably three and a half cents a pound, if paper continues on its present course. They are getting paper from Germany and they are getting paper from Sweden now at two and a half and three cents a pound, and domestic paper is still coming down; but take four cents as the price in 1922, and six cents as the price in 1920, that will show a saving of two cents a pound, or $40. a ton. Mr. Wardman : You have got a saving of $126. per ton here. Mr. Bernheim: That is figured on spot price. Mr. Wardman : What has that got to do with it ? Mr. Bernheim : You figure spot price as ten cents at the peak. It was really higher, and we took spot price at present as four cents. Those are rough figures ; and the saving is $126, a ton. Mr. Wiley : You show what the papers might have saved if they paid higher prices? i Mr. Bernheim: Yes. I am trying to correct that by showing what you actually will save, as far a^ we can estimate that. Judge Manton: You meaij the reduction in price eliminates that cost? Mr. Bernheim: They are big purchasers, and do not have to pay spot price. I cim trying to correct it on contract price. I am assuming that contract paper in 1920 cost six cents a pound, and I would like them to correct me if it is wrong. Judge Manton : I sat in a case in this Court where we passed upon that newspaper cost. It was fixed there at six cents at that time. Mr. Bernheim: Six cents a pound. Mr. Wardman: I am not familiar with the case. The point about paper is, he says the paper is all bought on contract. Not all. Some of the newspapers owj:i their own mills. I am not familiar with all the circumstances, but here we have the statement that the Brooklyn Eagle saved $886,200. The Brooklyn Eagle did not buy in 1920, the peak of the business, on in 1921, nearly as much as 533 $886,200; and it is so in my case and in the cases of others. Judge Manton: I take it to mean the difference between what jou actually pay now and what you would have had to pay if those jprices had not been reduced. Mr. Bernheim : We figured on spot price and they bought at market price, so the difference is not nearly as great when you figure market price. Judge Manton: The more accurate way to figure it would be to find out how much they consume and then the price they now pay for it. Mr. Simons : We have that, and that is the way we figure it. Mr. Wardman: You have a' saving of $126. a ton as your as- ■sumption, but we never paid $126. a ton at the peak, on an average. Mr. Martin : We paid as high as twelve and a half cents a pound. We got caught. We paid as high as $250 in 1920, but it •did not average that. Mr. Wardman : You did not buy $886,000. worth of paper in that year? Mr. Martin: No. Mr. Wardman : That is it. He has got us saving more than we actually paid for the paper. If we bought it for nothing we could "not have saved that. Mr. Bernheim: We have figured a reduction of from six to ■four. Judge Manton : In 1920 it was a fixed price of so many dollars per ton, was it not? Mr. Bernheim: Yes. Judge Manton: What was it in 1920? Mr. Bernheim: I think that most of the papers that were furnishing New York, under contracts during 1920 paid at least -six cents a pound, or $120. a ton. Judge Manton: Now you say you can get it for about three rand a half ? 534 Mr. Bernheim : Yes. We are taking it at four cents to be con- servative. A reduction of 33 1/3 % . Mr. Wiley : Partly because of the reduced cost of labor in the paper mill, with the paper manufacturer. Mr. Bernheim: Mainly due to the competition from abroad and over supply of paper from the war. Mr. Wiley: The rate of wages has gone down. Mr. Bernheim: Yes, but that is a small part of the cost of manufacture. Mr. Simons: Will you let me say a few words in regard to this paper situation? We have the American and Evening Journal down here as saving ten million, twelve thousand and eight hundred dollars on paper this coming year. We may not be exactly right, but there is only one way to disprove that: Bring your paper bills in here — right here. Let us see them, and I will gamble that William R. Hearst saved ten million and twelve thousand dollars this year on paper, because he paid fourteen and sixteen cents a pound. Mr. Wardman : For a few hundred pounds. Mr. Simons: No, he had no contracts. He was buying all he could get anywheres. Those are their words to me, and those were the words that a lot of you gentlemen or a few of you gentlemen used in our last arbitration — ^the price of paper was being quoted. Some papers had contracts. We do not dispute that. They paid about six cents a pound, but their business was so big that they run out in the open market, as Mr. Martin said, and he paid from eight to ten or twelve cents. Mr. Martin: A few hundred tons. Mr. Simons: Still, at that high price of paper you regulated your paper and also regulated your advertising rates. That is the point. Mr. Martin : We kept the rate the same as it was. Mr. Wardman: The point is, of course, I do not think the thing makes any difference anyhow. I do not think we ought to have to waste our time answering such ridiculous stuff as this; 535 -and this whole thing is full of gross inaccuracies. Mr. Simons has built his whole case on the fact that there is a newspaper price on here based on the Associated Press franchise, so no other news- papers can get in. Now, the New York Journal has no associated T)ress franchise. I think you can consider that a rather successful paper; the Sun has no associated press franchise. I think they have the right to be called a successful evening newspaper. Mr. Simons : We say you must have a big pile of money to do that. Mr. Munsey and Mr. Hearst have that. The ordinary busi- ness man can not do that. Do you people not operate under an old press franchise? Mr. Wardman : The Evening Sun has never had a Associated Press franchise. Mr. Simons : Why did you buy the Press ? Mr. Wardman : That was the morning franchise. Mr. Simons : How about the Hearst papers buying the ad- vertising ? Mr. Wardman : That was the morning franchise. They never -had an evening franchise on the Journal. Mr. Kreitler : You both have pretty good shears, I believe. Mr. Wardman: What? Mr. Kreitler: Scissors. Mr. Simons : Then the franchise is not so important. Mr. Kreitler: According to a case in the United States Su- preme Court recently — Mr. Wardman : Perhaps you might want to withdraw some of this— Mr. Simons : We do not withdraw anything. Mr. Wardman : When you actually say here that the thing is ■wrong. Mr. Bernheim : No, we do not say it is wrong. We index these 'figures to show a trend. We can not give the exact figures. Mr. Wardman : It is an economic fact and I will stand up for 536 it whether I am on this side of the table or that side of the table^ whether every paper in this town were losing money or not, wages are worth what these men are worth, and you would have to pay it. Mr. Simons : We are entitled to a little bit of prosperity. Mr. Bernheim: You do not think the profits in an industry have any relation at all to the wages? Why have they not got a relation when there is prosperity? Mr. Simons : If you two gentlemen do not stop arguing we will' never get through. (Reading) : REDUCTION IN COST The largest single item of cost, particularly in newspapers of large circulation, is the white paper. This item registered a re- markable rise during the war period, and reached its peak during the summer of 1920. Since that time it has registered an equally remarkable drop. This fall in paper prices, without correspond- ing drop in advertising rates, lineage, circulation, or price to the newspaper purchaser, has added enormously to newspaper profits- Let us estimate the saving that has been made here. I. The price Reduction in Paper. Following is a table of the average weighted market price of standard roll newsprint per 100 lbs. F.O.B. mill, based upon do- mestic purchases. These figures are given by the Federal Trade Commission. They do not indicate the still lower prices obtain- able on imported paper. 1921 6,945 6,279 5,623 5,206 5,036 5,129 5,013 5,160 4,185 4,070 4,170 537 Month 192Q January February March April May June July 10,498 August 10,212 September 9,800 October 9,362 November 9,148 December 7,854 The reduction from the peak of June, 1920 to November, 1921, was therefore already 60 per cent, and the price has been falling since Novembef and still continues to fall. It is now 3.50 per 100 lbs. II. Saving Effected by the Reduction. In order to estimate the saving effected by this reduction we have multiplied the approximate yearly tonnage of each news- paper by the difference in tonnage rates between Jufy, 1920, and November, 1921. It may be objected that July was the highest point of 1920, and therefore that an average of several months would be more fair. But this is offset by the fact that prices are now considerably lower than in November, and the average for 1922 still undoubtedly be below that level. SAVING IN PAPER COST Yearly Tonnage Saving in Dollars at Newspaper Used $126.60 per ton Telegram 6,500 $ 322,900 Telegraph 1,500 . 181,900 Journal and American... 80,000 10,012,800 World, Morn. & Eve 70,000 8,862,000 Evening Sun 14,000 1,772,400 Herald 20,000 2,532,000 Times 60,000 7,596,000 Mail 8,000 1,012,800 Globe 10,000 1,266,600 Standard Union 4,000 506,400 Tribune -12,000 1,519,200 News 14,000 1,772,400 Eagle 7,000 886,200 Total 307,000 $38,743,600 Approximately $38,000,000 saved by these 13 papers in the yearly white paper bill through the fall of prices. Judge Manton : It is surprising to me that the Brooklyn Eagle only uses 7,000 tons a year. Mr. Martin : That is a good year for us. Judge. If Mr. Simons will come over, I will give him my job as busi- 538 ness manager, where he will show the directors how we can save $886,000, where we have not expended nearly that much. I am a failure; I will admit it. Mr. Wardman : A man that can not save more than he spends is a darn fool. Mr. Simons: You may be a failure, but I would like to enjoy some of your privileges ; I would like to enjoy some of the profits. Mr. Martin : Do not show those figures to the directors because I will lose my job. Mr. Simons: It is an old stereotyped story; we get the same story every year. (Reading) : There are about 2,000 members of this union. Their weekly scale for jouneymen is $45.00. Some members receive more than this on account of overtime or night work, or because they are in charge of a press, others being juniors, receive less; but it is certain that the average pay does not exceed $45.00. Now, if the fifteen papers listed above employed the entire 2,000 men — which is not the case — and employed each one steadily throughout the week — which is also not the case — ^the bill for 50 weeks per year would be $4,500,000. The employers have therefore saved through the fall in paper prices enough to pay our entire wages eight times over : They could, if they wished, pay us eight times the present wage and still be as well situated as in July, 1920. It cannot be argued that the amount of paper used has decreased during the period. A release of the Federal Trade Commission for June, 1921, says : "The domestic consumption of standard news by metropolitan dailies using between J4 and ^ of a million tons annually, for June, 1921, when compared with June, 1920, shows that the consumption for the month of June, 1921, was practically the same as for June, 1920, and increased slightly more than 2% for June, 1921, over June, 1919." If it is argued that our estimate is excessive for any reason, a large allowance can be made and still the argument will hold. Sup- pose the saving were only $100 per ton, or $80 per ton. The total saving would still be $30,000,000 or $25,000,000. Cut the estimate 539 in half, and still the saving would be sufficient to pay our total wages four times over. The total circulation of these papers is, as of October 1, 1921, according to Audit Bureau of Circulation figures, 3,679*980. This makes a yearly circulation of about 1,346,000,000. A reduction of Ic per copy in the gelling price could therefore be made with a yearly loss of only between 13 and 14 million dollars — less than half the saving made in white paper. The yearly advettising line- age of these papers for 1921, omitting the Telegraph, for which fig- ures are not available, was 139,663,246. They could therefore make an average reduction of 10c a line in advertising rates without using up half the saving in white paper. But no such reductions have been necessary to maintain their volume of business, as is shown in other sections of this brief. III. Reduction in Price of Other Materials. Reduction in prices of other materials have also brought about great savings. Ink has gone down a cent a pound. Type metal has fallen considerably. Paper storage has been about cut in half — it was between 5 and 6 cents per 100 lbs. and is now 3 cents in Gov- ernment bonded warehouses. The cost of carting has been reduced 25%. These savings total additional hundreds of thousands of dollars. IV. Foreign Paper Supplies. The above calculations are more than conservative because they^ do not take account of any but domestic paper. But paper from Canada and from abroad is now being sold in New York at lower prices than domestic. The Federal Trade Commission re- lease of Friday, Dec. 30, 1921, shows that the imports of newsprint in October, 1921, were 75,598 tons, or 17,209 tons more than in October, 1920, while exports were 1,648 tons less. The saving thus caused is not included in the preceding figures, although the quantity of paper imported for the month was about ^ as large as the total domestic shipments, which were 104,492 net tons. PROFITS I. Introduction. Newspapers do not believe in the pitiless light of publicity when it comes to their earnings. They jealously guard the secrets of their 540 financial prosperity from the public, from their advertisers, and from their employes. The evidence, however, which we have produced points very strongly to the fact that the newspapers of greater New York, taken as a whole, must be exceedingly successful enterprises ; it points particularly to this — ^that 1921 must have been the banner year for the industry. Even to those uninitiated into the intricacies of financial reasoning it is evident that when revenues remain virtually at the high water mark while the largest element of cost declines more than 50% a state of affairs exists which is extraordinarily con- ducive to high profits. II. The New York Times. A. The New York Times has used the occasion of the com- memoration of the quarter-centenary of its present management to indulge in some unusual frankness. The "History of the New York Times, 1851-1921," (Exhibit 6) written for the occasion by one of its editors, Mr. Elmer Davis, throws some light upon the financial status of the paper, though by no means telling the entire story. B. The following, as well as all other quotations, are from this book. "Now, as to the ownership of the New York Times. It is owned by a corporation with $1,000,000 common and $4,000,000 preferred 8 per cent stock (the latter recently issued as a stock dividend). I and the immediate members of my family own and control 64 per cent of the shares of the company free and unen- cumbered, and not one share of our holdings is pledged or hypo- thecated ; 25 per cent more of the shares is held by those who are or have been employed by The Times, and the remaining 11 per cent of the shares is distributed among twenty-eight individuals or estates (all Americans) who acquired the stock by exchanging for it shares of the old company, the largest individual holder of the latter group holding only one-quarter of 1 per cent of the capital stock. The New York Times Company has real estate and paper- mill properties costing more than $5,000,000, and on these proper- ties there are unmatured bonds and mortgages amounting to $1,500,- 000, constituting the sum total of the. indebtedness of the company except its current monthly accounts payable. The cash reserves of the company are more than sufficient to pay its total funded indebt- edness and leave free a large and sufficient working capital. So it can be said that The New York Times Company is virtually free 541 of indebtedness. It has a gross annual income exceeding $15,000,- 000 and only about 3 per cent of its gross annual income is dis- tributed to its shareholders ; the remainder of its income is employed in the development and expansion of its business. This result has been achieved in a business that twenty-five years ago was running at a loss of $1,000 a day, by the investment of only $200,000 of new capital." (pp. XV-XVI.) Judge Manton : I guess Jerry O'Leary brought that about ? Mr. Kreitler : I guess he did. He was responsible for it. Mr. Simons : A little more prosperity. I suppose that will be denied, or that will be turned into losses. Mr. Bernheim: Read the rest of it. Mr. Simons (Reading) : The above passage fairly reeks of prosperity. But the reader, presumably, is supposed to pity the shareholders who are receiving only 3 per cent out of the gross annual income of $15,000,000. Yet this 3 per cent amounts to $450,000. Of this, the preferred stock — which was issued as a stock dividend — ^gets $320,000, and the com- mon — which represents only $200,000 new capital put into the busi- ness by Mr. Ochs and his associates — gets $130,000 or 13%. Besides this, it must be taken into consideration that the owners are many of them also on the salary list of The Times and are in a position to vote themselves generous salaries. Mr. Ochs, for exam- ple, is reported to be receiving $50,000 a year, and Mr. Sulzberger, $35,000. It does not say how much Mr. Wiley's is. Again, on page 191, appears the following: "Where did the money come from which built up the institu- tion? Aside from $100,000 of the $200,000 of new capital pro- vided by the sale of bonds in 1916, it came out of the earnings. Of the money which the paper has earned during the last twenty-five years, in round figures $100,000,000, 97 per cent has been put into the operation and development of the property and 3 per cent has been kept for the owners in dividends." Now, $100,000,000 is a goodly sum of money to earn in 25 542 years on $1,000,000 capital stock, even if you take out only 3 per cent, or $3,000,000. It must not be forgotten that the major portion of the balance of $97,000,000 has accrued to the capital account of Mr. Ochs and his family, and that if Mr. Ochs and his family wished to dispose of their holdings in The Times, a good part, if not all of this $97,000,000 would come into their pockets in the shape of cash or securities. Mr. Wardman : I think you made a mistake between gross and net earnings. These were gross earnings. Mr. Bemheim: The balance of it, most of it, was reinvested in the business. Judge Manton : It is the net gross income. Mr. Bernheim : It is gross earnings. It is net gross income, I think. It was distributed to the shareholders. Mr. Wardman: You say the major portion of the balance, which has gone to wages largely and paper — ^you say that Mr. Ochs and his associates could divide up the $97,000,000. Mr. Bernheim: Could divide up a good part of it. It has gone into expansion of the business. How did they put up the Times Building and the Annex? Mr. Wardman: It is accounted for in that statement. This is just some more of that nonsense. Mr. Bernheim : Do not be in such a hurry to call this nonsense. Judge Manton: How do you arrive at the $100,000,000 and $97,000,000? Mr. Bernheim: That is a statement quoted in their book. It says: "Of the money which the paper has earned during the last twenty-five years, in round figures $100,000,000, 97 per cent has been put into the operation and development of the property." That means that they have developed their property. The point is Mr. Ochs invested $200,000 of new capital when he bought it twenty- five years ago. That is according to his own statement. If he sold his interest in the Times he would get a great deal more than that. Mr. Wardman : Yes, but not $97,000,000. Mr. Bernheim : I said a great part of it would accrue to him. 543 Mr. Wardman : Those were the gross receipts, and you treat it — Mr. Simons : That was the money which the paper has earned during the last twenty-five years. What is earned? Mr. Wardman : Earned means^ the money that the paper has taken in. I will tell you what is the difference between earnings — The New York Evening Post, as I happen to know, as we nego- tiated several weeks about buying it — I will show you the difference; The New York Times has earned $100,000,000 in this period because it has sold advertising and sold circulation, and that was earning. It came in; it was its receipts. The Evening Post, which has lost $750,000 a year for the last two or three years, had to have the money paid in as assessments by its owner, but it did not earn it. Those were receipts, but it did not earn it. Earnings are what you take in. The street car, the nickels that go into the street car. Net earnings are profits. Mr. Bernheim : It is spoken of as sales, not as earnings. Gross earnings. Gross earnings is the margin over operating expenses before deducting interest, taxes and salaries to owners. Mr. Wardman : The point is, you have taken the whole $100,- 000,000 here and treated it as if it were profits, but they had to buy the paper, they had to pay the wages ; they had to supply the press. Mr. Simons: I do not know much about financing, but I can not see that. You can not kid me that way. What a man earns is what is in his pocket after he pays his expenses. Those are his earnings. ' Judge Manton : Mr. Simons ; he is right about that. There is a gross earning and a net earning. The gross earning is what you take in. That is earned and taken in, like the street cars, as he puts it, the nickels that come in are the gross earnings ; but they have to have operating expenses taken out and salaries and so forth; and what is left after that is the net. Mr. Simons : They say gross earnings. Mr. Bernheim: But that definition of gross earnings is, rather an unusual one. It is usually spoken of as the sales. Then you deduct your operating expenses and get gross earnings. Out of gross earnings comes interest, taxes, depreciation, etc., and the balance is net earnings. 544 Judge Man ton: There is a difference between gross earnings and gross sales. yir. Bernheim: What they referred to just now, the income of the street cars. They could not consider that as their gross earn- ings. They would consider that as gross income or gross sales; net earnings. I do not know how Mr. Ochs used the term. Mr. Wardman: If you read this carefully when making up your figures instead of afterwards, it would be better — "97 per cent has been put into the operation" — that shows that is expenses. Operation and development. Mr. Bernheim: We can not tell how much went to operation and how much to development. Judge Manton: That means it is a profitable newspaper; that is all. Mr. Wardman: There is no dispute about that. Mr. Simons : There is no dispute they can pay a $10 increase, so what is the use of arguing over it any further? (Reading) : C. A few more quotations from the same source which bear upon the remarkable expansion of The Times, though not directly revealing its financial status, can well be brought in at this point. There is no reason to believe that The Times is in a class by itself. Many if not all the other large papers, could tell an equally glowing story if they felt so inclined. Therefore, we can believe that what The Times says about itself gives a fairly accurate picture of the state of affairs of the New York newspaper industry as a whole. "As The Times grew and moved into new quarters it had to make heavy investments in real estate and machinery. The Times Building, like any other new building, was mortgaged during its construction. The mortgage was placed like any other mortgage — because those who made the loan thought that The Times Building was a safe risk. It is being constantly reduced, and is now less than a million dollars — on property worth several times that amount. So bonds and mortgages, the total indebtedness of the company, amount to something like $1,500,000. The cash resources of the 545 company are more than sufficient to pay this off at any time. The value of the company's real estate and paper-mill properties, entirely apart from plant, good-will and other resources, is several times the indebtedness. So virtually The New York Times as a newspaper ' entity is free of any indebtedness of any kind or description." (pp. 190-191). "The end of the war found The Times at the height of its influence and power, but the peak of its business prosperity was still to come. In the boom of 1919 and the early months of 1920 The Times at last expanded in size from the 24-page issue which had been the limit for the week-day paper up to the end of the war, and often since then has printed 32, 36 or even 40 pages a day. Even so, the volume of advertising offered was so great that day after day much of it had to be refused on account of lack of space. Yet the total printed in 1920 was more than 23,000,000 agate lines — nearly 80,000 columns, and almost ten times the amount printed in the first year of the new management. The greatest volume of advertising ever carried in the paper was on Sunday, May 23, 1920, when The Times printed in all 767 columns of advertise- ments. The paper on that day contained altogether 136 pages, including 24 pages of rotogravure pictorial supplement and 16 pages of tabloid book review. It weighed two pounds and ten ounces, and no doubt it felt like ten pounds and two ounces to the weary • householder who picked it off the doorstep ; but experience has shown that even in a paper of that size there is nothing that a good many readers do not want." (p. 370). "Twenty-five Years' Record of Advertising Growth of The New York Times Year Agate Lines 1896 2,227,196 1897 2,408,247 1898 2,433,193 1899 3,378,750 1900 3,978,620 1901 4,957,205 1902 5,501,779 1903 5,207,964 1904 5,228,480 1905 5,958,322 546 Year Agate Lines 1906 _ _ 6,033,457 1907 _ 6,304,298 1908 5,897,332 1909 7,194,703 1910 _ 7,550,650 1911 _ 8,130,425 1912 _ 8,844,866 1913 _...._ _ 9,327,369 1914 9,164,927 1915 _ 9,682,562 1916 11,552,496 1917 _ _ 12,509,587 1918 _ 13,518,255 1919 19,682,562 1920 - - - 23,447,395 (p. 402). "Twenty-five Years' Record of Circulation Growth of ' The New York Times Year Copies October, 1896 - 21 ,5 16 1897 22,456 1898 25,726 1899 76,260 1900 82, 106 1901 102,472 1902 - _105,416 1903 106,386 1904 118,786 1905 120,710 1906 131,140 1907 ..^ 143,460 1908 172,880 1909 184,317 1910.- 191,981 1911 197,375 1912 209,751* 1913 230,360* 1914 259,673* 1915 318,274* 547 Yea^ Copies October, 1916 340,904* 191^ 357,225* 1918 368,492* 1919 362,971* 1920 342,553* April, 1921 352,528* "*Average net paid daily and Sunday circulation reported to the Post Office Department for the six months immediately pre- ceding, in accordance with Act of Congress, August 24, 1912." (p. 402). "Indeed, why should the owners of The Times submit to out- side influence? The'^ own a large and prosperous institution, out of debt, which brings them in all the income they can reasonably require." (pp. 191-192.) Judge Manton : I am the landlord of The Times, and they sent me that book. They sent it to me after I fixed the rent. Mr. Wardman: They are good business managers. Mr. Simons: Yes, you have to take your hat off to those fellows. (Reading) : III. The Burden of Proof. If the Publishers resist our request for a fair increase in wages on the grounds that they are financially unable to meet it, the burden of proof rests squarely upon their shoulders. All the evidence that is open to the public would seem to show that the Publishers could at the same time reduce their advertising rates, lower the sale price of their paper, increase the wageS of all their employees by a liberal margin, and still have more left for themselves than they had in 1914. The Publishers have repeatedly told us that they look upon us as their partners in their enterprises. If we are their partners should wp not be allowed at least to see their books ? This is the time for them to prove their sincerity. We make this formal request of them ; that they lay before the Arbitrator all figures that are neces- sary for him to have in his possession, in order to determine accu- rately the financial status of the Publishers and their ability to pay. 548 These figures should cover, among other things, the following items for 1914, 1921 and certain intervening years : Costs : Raw material. Productive Labor. Department and General Overhead. Sales: Advertising. Circulatioh. Syndicated matter. Profits : Gross and net profits. Dividends (cash and stock). Other distribution. Salaries to Owners and Executives: Capitalization. Invested Capital. Net Worth. In short, balance sheets and income statements for each year, 1914 through 1921, should be submitted. Then the Arbitrator will be in a position to judge whether or not the Publishers are financially able to pay the increase. Failing this, we ask that the Arbitrator rule that the presump- tion governing these proceedings shall be that no just demand of the Union for an increase in wages shall be denied on account of alleged inability of the Publishers to meet the increase, unless the Publishers offer proof — not by way of general statements, but in the shape of complete financial records — to this effect. SUMMARY AND CONCLUSIONS In presenting this somewhat extended brief, Mr. Arbitrator, we have been actuated by the desire to lay before you all the data at our disposal so that your judgment of the issue may rest upon a thorough knowledge of the facts of the case. But out of the mass of details there stand out, as we see it, a few underlying concep- tions on which we rest our case for an increase in wages. They are : 549 1. Newspaper Web Pressmen deserve a higher wage on the basis of the cost of living. Their wages are not at the present time, nor have they ever been, adequate to meet a proper standard of Hving. Nor have their wage increases since 1914 been sufficient to allow them to preserve even the meagre standard which they enjoyed in 1914. Not even a $10.00 advance would bring them up to the proper level or would it compensate them for the losses they have sustained over the span of the last eight years. 2. On the other hand, the newspapers, apparently always on a prosperous basis, have reaped a magnificent harvest during 1919, 1920, 1921, which they have not shared with their employees. Prob- ably no other group of enterprises in the country can boast that the year just closed has been the most successful in its history. And it has been the most successful for the daily papers of Greater New York. Their advertising lineage has fallen off less than 5% from 1920, but the higher rates in effect during 1921, have reduced this loss to 2.5%, expressed in terms of advertising income. Against this, there is a gain in circulation and circulation revenue. In addition, the saving on newsprint ink, type metal, and other itenis of expense runs into many millions and puts 1921 ahead of 1920 from the standpoint of profit. So from the point of view of the Publishers' ability to pay, there is every reason why we should be granted an increase. We call upon the Publishers to show their books for conclusive proof of our assertions. 3. The training, skill, and intelligence required of a newspaper pressman have never been amply reflected in our wage scale, and should be taken into consideration in these proceedings. As a mfatter of fact, Pressmen have suffered in comparison with other crafts in the printing industry, no higher skilled than they. 4. Furthermore, the dangers of accidents and disease which beset us in our daily task, and the unpleasant and unhealthy condi- tions of our employment call for far higher pay to compensate for the risks we are compelled to take. 5. Finally, the arduousness of our labors is growing from year to year, due to the increasing size of the papers, the increase in num- ber of editions published, the increasing length of the average run, and the continual introduction of high speed and always higher speed presses to meet the exigencies of the situation. We are always 550 forced to contribute greater effort, to apply greater concentration, to take added risks, and to master new mechanical complexities. Now we, in turn, are asking the Publishers to contribute a little more money to us, so that we may progress with the industry of which we are so vital a part. That concludes the brief on the wage question. Judge Manton : Do you want to submit something on the work- ing conditions? Mr. Simons: Yes, sir. Judge Manton: It is now about time for recess. Suppose we take a recess now until two o'clock, or a little after, just as you like ? Do you wish to take longer than an hour, or would that be enough ? Mr. Wardman : It is more than most of us take, so we feel it is enough, if you do. Judge Manton : An hour. Will you be able to finish this after- noon? Mr. Simons: Yes, sir. Mr. Wardman : Do you think you will finish this afternoon ? Mr. Simons : Yes. I will make it my business to finish. Judge Manton: We will take a recess until two o'clock. FIFTH SESSION Tuesday, January 24th, 1922, at 2 o'clock p. m. (AFTER RECESS.) PRESENT: The Board of Arbitration. Appearances of parties as before. Judge Manton: You may proceed, Mr. Simons. Mr. Simons: This is the brief on Working Conditions (handing copy to Judge Manton and copy to Mr. Wardman) . (Reading) : For the information of the Arbitration Board, we 551 submit copies of the proposal of Job Pressmen's Union No. 25 for a new contract of employment, and at this time enumerate and give in connection therewith a brief explanation of the few changes proposed by the Union. I believe your Honor has a copy? Judge Manton : Yes. Mr. Simons (Reading) : We also subm'it for comparisofl a printed copy of the last contract between the Union and the Pub- lishers' Association. I believe your Honor also has a copy of that? Judge Manton : Yes. Mr. Simons (Reading) : First. It will be noted in the new proposition that Section 9 is changed so as to provide that double time shall be paid for work on all legal holidays on both the day and night shifts, and for all Sunday work up to twelve o'clock midnight, the time of starting work on the night shift for the regular Monday morning issues. The Union is asking for double time for all Holidays. Under the present conditions, the present contract which is in existence at this time, the Union receives double time for Christmas, New Year's, Thanksgiving Day, Labor Day, Election Day — Mr. Kreitler : 4th of July. Mr. Simons : 4th of July. Mr. Wardman : On the day. Mr. Simons : Day time only. No double time for the night workers that go to work at twelve o'clock at night. Judge Manton: How many Holidays are there in the year. Mr. Simons : All told, I should figure there are about eleven. Roughly speaking, I guess about eleven. Washington's Birthday, Decoration Day — (Reading) : A new section 16A is added, which provides that an extra man shall be employed on the presses when two half rolls of paper are used in place of one full roll. 552 This condition exists in practically every office throughout our jurisdiction. Here only some few months ago, Justice Guy, in a controversy between the New York Times and the rotogravure men, decided that the Union was entitled to another man when they used two half rolls. They never raised any contention about the black press. It was just on the rotogravure that they raised the conten- tion. They have said right along that an extra man is required on a black press. The Judge decided in the Union's favor, saying it was an extra labor-increasing device, and therefore they are entitled to another man. Mr. Wardman: Has that been conceded? Mr. Simons : Yes. Mr. Wardman: On the black presses? Mr. Simons : Yes ; outside of the New York World, I believe, is the only place. Mr. Martin : Take the sextuple press ; we run half rolls, quar- ter rolls and full rolls. Mr. Simons: There are no extra rolls. Mr. Wardman : You mean you run two 33's along side of each other, instead of 66? Mr. Simons : They do not run along side. Mr. Wardman: Instead of 66, that is what you mean? Mr. Simons : Yes. Instead of a 73, or whatever you use, we use two rolls instead of one. We always get an extra man. Mr. Wardman: Even if the rolls are smaller? Mr. Simons: Yes. Mr. Martin : What I do not get, at present the contract says that on the sextuple press there should be six men and a man in charge. Mr. Simons: Correct. Mr. Martin : There is no specification as to rolls of paper. As I now understand it, you are putting something new in which will add a man. I am trying to find out under what conditions that extra man may be required on a sextuple press. 553 Mr. Simons : We are not putting anything new in. Under the section of the contract, it says, the Union, when a labor increasing device is installed, has the right to ask for more men, the same as the publisher has the right to ask for a decrease with labor decreasing devices. Under this section we have always demanded another man, and got it in every office. - Mr. Wardman: That is not clear to me, and I assume that it is not clear to the judge. Take these specific cases — Judge Manton: I suppose that the claim here is this makes heavier work? Mr. Simons: Yes, labor increasing. Mr. Wardman : Explain to me what it means ; on the sextuple press you are running three rolls. Mr. Simons : That is correct. Mr. Wardman: What happens? Mr. Simons : If you take one of those full rolls out and put two half-rolls in its place, why, you would have to have an extra man. Mr. Martin : That would make eight men. Mr. Simons : Yes ; which is the condition that exists today. Mr. Martin: The conditions today specifically specify there should be seven men. Mr. Simons: The contract specifies that a sextuple press shall have seven men. There is no dispute, but under that section — Mr. Kreitler: Section 19. Mr. Simons: Section 19. Labor increasing devices give the Union the right to ask for another man. Mr. Martin: If he would be added, that would make eight men on the press. Mr. Simons: Provided you run four rolls of paper instead of three. Judge Manton : Section 19 provides, in case of labor decreasing devices being installed, the publisher has a right to ask for. fewer 554 men; and in case of labor increasing devices being installed, the Union has a right to ask for more than the above scale calls for. Mr. Wardman: You say it was arbitrated? Mr. Simons: The New York Times, covering the rotogravure section. They never disputed when they run black, which is the regular publication — it has never been disputed, except one office, so far as I can remember; and that is the World office. Mr. Martin: That does not clear me as to my question. As it stands now, there are seven men. You say by splitting up a roll, you could ask for an extra man. Mr. Simon: That is just what I said. Mr. Kreitler : The decision will be placed in the exhibit. Mr. Wardman: Explain to me, how does this happen — if you got your three rolls up — does it often happen ? Mr. Simons : No. Only when you get a surplus of half rolls ; when you want to work all your half rolls. It happens niostly in the summer when the slack season is on, when you run 16 pages. They can not afford to waste that much time or use six half rolls, only when it is slow. On 16 pages, in the summer time, it happens. That is about the only time it happens. Mr. Martin : I am asking for information. We have three reels on the presses, and we can use half or three-quarter or full rolls. Mr. Simons : We do not object to that. You can use any size you want. When you' use three rolls. Mr. Martin: Three reels? Mr. Simons : Three rolls. Mr. Martin: We can only use three reels, can we not? Mr. Simons: If you put both rolls on one spindle, we do not object to that. Mr. Martin: How could we do it? Mr. Simons : I am not going to tell you how you can do it. I am not here to tell you your business. You can not do it, because you have got a reel system there. I can tell you that. 555 Mr. Martin: The thing is a mystery to me, how ytfu can get another man oh the press. That is what I am trying to get clear in my mind. Mr. Simons: Is that what you are looking for? Mr. Martin : Yes. Mr. Kreitler: You are situated different than other papers, be- cause you have the reel system, and you have the individual spindle system. Mr. Simons : Common sense tells one, if you only had three reels, you can only use three rolls. Mr. Martin : That is what I was trying to get clear in my mind. Mr. Simons : You did not say you had only three reels. Judge Manton: When we get down there, just remember to show me that. Mr. Simons (Reading) : In the proposed new contract sub- mitted by the Union, Section 20 is eliminated, as it gives special privileges to the Brooklyn papers. Section 29 of the contract pro- vides the compensation for day men who are compelled to work on Sunday morning papers and there is, therefore, no necessity for any such provision as contained in the old Section 20. Mr. Wardman: You are putting in a copy of this, for our side to study? Mr. Kreitler: Mr. Jones has it. Mr. Jones: The revised contract? Judge Manton: The proposed contract. Mr. Simons : With our propositions. Mr. Kreitler: Mr. Jones, I am quite positive I handed you a copy of our proposed new contract. Judge Manton : I think they gave it to you and you showed it to me. Mr. Kreitler: You can look it up. Judge Manton : Anyway, you will get it, if you have not got it. S56 Mr. Simons: You must have it. We had three copies; we have not any copy here. Mr. Wardman: You may have given it the first day. Mr. Simons: That is right. Mr. Wardman: And you took it over to your office. Mr. Simons : That is right. This eliminates Section 20. Under the present contract the pressmen receive $2.28 as a bonus for work- ing Saturday and Saturday nights, providing eight hours intervenes — Mr. Wardman : Oh, no. Mr. Simons: Four hours intervenes. If less than four hours intervenes, it is natural to assume, and it has not happened yet that I know of, that they receive overtime rates when they are through. That is the condition that exists in the evening papers; if men are compelled to work Saturday and Saturday nights they receive overtime from when their day's work is finished. That is the condition in New York. Mr. Martin: That is not so in the case of from one paper to another paper; that is not true? Mr. Simons : Unless they worked all day ; but that very seldom happens. They generally use the same men. Mr. Martin : If they go from the Mail to the Herald, that would not happen? Mr. Simons : If they worked all day, it would ; but it never has happened. But I raise that contention, that it would ; if they worked all day, it would not make any difference where they worked. The condition on Saturday night is very peculiar. For instance, we will take the American office, or mostly all the offices. They require just about tiVice as big a force on Saturday night, and it is an impossibility for us to furnish them with night men. Therefore they use the day men all straight through. Saturday night, it has always been our contention, is a whole lot worse. Sometimes we have the peculiar condition of men re- ceiving in the summer months one night a week. Saturday night is really the killing night. It is one continuous "go" from the moment you start until when you finish. Continuously pounding 557 away; most times not even getting a chance to go out for lunch. In some places the men might run right through without shut- ting down. We have allowed them to do that, and they paid the men an extra hour's overtime for it. The men do not care about that. It is only here lately that the men in the Evening Journal pressroom took a stand that they do not care about the overtime, and do not want it, and they did insist upon being allowed to go out for their half hour. Their appe- tites might not be very strong to eat, under the conditions, but they want to relax and want to get away from the constant pounding and excitement; but after a little persuasion on my part, I got them to agree to go right through on the busy days. Mr. Merrill sent for me — that is the mechanical superintendent — and told me that they were up against it, and I finally got the men together and persuaded them to help the office out, and they are doing it at the present time. (Reading) : By comparing Section 21 in the old contract and Section 20 in the proposed new form of contract submitted by the Union, it will be noted that Section 20 in the Union's proposition provides that the time of starting work on the regular day shift of the evening papers shall be nine A. M. instead of eight A. M. as provided for in the old contract. In Section 27 of the new proposed contract, it will be noted that the Union is requesting an increase of $10.00 per week over the present scale of wages. Before taking up Section 27, Section 21 requests a change from 8 A. M. to 9 A. M. We feel- Judge Manton : What is the reason for that ? Mr. Simons : The members feel that 9 A. M. is about the time to go to work ; that 9 A. M. is about as good a time to go to work as any other time. 9 A. M. is about the average starting time throughout most of the different industries. Some of the offices order the men in at seven o'clock in the morning. That is a very unusual hour. They live in the outskirts and have to on occasions get up at five o'clock in the morning, that is, one hour before the starting time. Judge Manton : The requirements of their business require thax, ■do they not? Mr. Simons : That is true, but the requirements of their business 558 inflict upon the members of the Union any amount of hardships. . Judge Alanton : What would result from that ? Suppose it was changed, what would result from that? They would have to get the men in before that nine o'clock, and would that be extra time ? ^Ir. Simons : It would, yes, sir, if they wanted them in earlier. Some offices do not order them in until eleven o'clock, which is the Globe — eleven o'clock in the morning — ten o'clock and eleven o'clock. Judge Manton : That is an afternoon paper. Mr. Simons : These are afternoon papers we are referring to. The Sun, 10 and 11. Judge Manton: Is there work for them at seven o'clock? Mr. Wardman: That is what I explained the other day. The requirements of the different offices vary. Judge Manton: I understand your point to be, that you want this twelve-hour shift? Mr. Wardman: So as to meet the different requirements. Judge Manton: So each paper may take them in when they want? Mr. Wardman : Ten may suit my paper but seven may be abso- lutely necessary to the World and Journal. There is a bigger circu- lation. And I think your men would lose on it. I think it would be rather to my advantage, a newspaper publisher, to have them forced out of the early morning field. By getting started early, they get circulation in territory where nobody else is able to go, and if they were forced to get off that circulation it would make less employment. Mr. Simons : I do not think so. I disagree with that. Mr. Wardman : You figure it would make more overtime, be- cause they would continue to do it anyhow. But I figure it would make less employment. Mr. Simons : If a man wants an evening paper, he will buy it after nine o'clock. Mr. Wardman: But they sell that evening paper over in Tren- 559 ton, New Jersey, about the time we are getting out the evening paper. That is where that stuff largely goes. Mr. Simons: It is distributed pretty much around here too. The Evening Journal has an evening paper at ten o'clock the previous night. You would not say because they could sell papers, that the day men should be brought in at ten o'clock at night. Mr. Wardman: You mean the Morning American? Mr. Simons : The Evening Journal, I say, has an evening paper at ten o'clock previous. Mr. Wardman: It goes down South and out West. Mr. Simons : Atlantic City and all over. (Reading) : A new Section 27A is inserted in the new propo- sition, requesting $1.00 per day or night over the regular scale for substitutes working less than six days or, nights per week and that substitutes so reporting shall receive $1.00 for each day or night that they appear on the sub-line and are not engaged for work. Holiday Question — Mr. Wardman: We had that up the other day, and several questions were asked. It was just occurring to me, would it not be an easy way to have these offices call on your office at the hour they want them, and the men would not have to go there every hour. I do not know anything about it. It does not exist in my case.^ It does not exist in, I suppose, a majority of the cases. In such cases as it does exist, these men would call upon you at your office. Judge Manton: It is not the same section. This is Holidays generally. Mr. Wardman: The sub line he is talking about. We were discussing it the other day. Mr. Simons : Page 2. Mr. Wardman: Is not that possible? Mr. Simons : It may be possible. Such an arrangement may be made. At times we tried to — that is, we made a pretty strong attempt at times to create regular positions, which will be. brought 560 out later. Mr. Jones will bear me out. He was there. We had five or six meetings, something like that, in attempting to create a condition whereby the men would have steady employment; but it fell through,; it was too big a job. Mr. Jones : It was not too big a job, but we did not have time to finish Tt. It was not too big a job to work it out, but we did not have the time to work it out. Mr. Simons : The publishers themselves, some of them, were amazed. Mr. Martin : How does it work out on the Brooklyn papers ? Mr. Simons: Pretty fair. Mr. Martin : We do not have that trouble. Mr. Simons : Not so much. We have some of it. Some of the publishers were amazed when the proposition was put to them — the Evening Journal. Mr. Wardman: Morning American, you mean? Mr. Simons : No, Evening Journal — maybe fourteen or sixteen steady men and say a hundred substitutes. Mr. Kreitler: Thirty-two steady men and 116 substitutes. Mr. Simons : There you are. Mr. Wardman: What is the idea? Mr. 'Simons : Because they may have a twelve-page paper some Saturdays, and that would mean that they would double up and run six deliveries on those two sextuple presses and let the rest go home after coming down. Mr. Wardman : That gives the men Saturday off pretty regu- larly? Mr. Simons: They work Saturday. That is their sixth day. They lose a day's pay. HOLIDAY QUESTION The question of the extent or duration of legal holidays, and as to whether the extra compensation for holiday work paid to the 561 day shifts should apply on all legal holidays and be paid to the men employed on the night shifts, is designated as Section 9 of the contract. The Pressmen's Union contends that -the Arbitratiosj Board should decide that all legal holidays consist of twenty-four hours ; that double time should be paid for work performed on any and all legal holidays, and that the night men should be paid the extra compensation when required to work on any legal holiday the same as the day men. There can be no question as to the duration and extent of any one day in the year whether it be a holiday or not. The length of the day is determined by the laws of the Universe and cannot be changed by any human agency. That twenty-four hours constitute a day is also recognized by law. This is established by the fact that certain forms of business are considered illegal if transacted after twelve midnight on the day of a legal holiday. A holiday is used by workingmen mostly for the purpose of being with and seeking recreation with their families. This privilege and opportunity should not be denied to men who are required to work at night, because of the fact that they sleep in the day time while the rest of the family sleeps at night. The privilege, therefore, of spending the holiday time with one's feimily should not be denied to men who are required to live the unnatural existence of working at night and sleeping during the day, and if the nature or the exi- gencies of any business deprive them of this privilege, that business should pay some extra compensation for the sacrifice made by the night worker. The fact that Saturday night in a newspaper press- room is the heaviest night of the week makes it almost impossible for night workers to absent themselves from work on Saturday nights. They are also required on Saturday night to work much harder and longer hours than on any other night in the week, which causes them to be so fatigued on Sunday that they have no other alternative, and it is physically impossible for them to lose any sleep and be with their families on the one day in the week when every workingman considers it a privilege and a duty to do so. The demand of the Pressmen's. Union that all holidays be rec- ognized and observed by the contract relations between the Publish- ers' Association and the Union is based upon the fact that such^ holidays have been created by legislative enactment and" are all 562 equally important under the law, as well as being uniformly respected and observed by the general public. The reason for inserting new Section 16A, is that each half roll has to be spindled separately and occupies a separate position on the press while unwinding, thus making exactly the same amount of work in the preparation and handling of the paper rolls for a quadruple run of sixteen pages maximum, as there is in connection with the operation of a sextuple press. The custom of adding one man to the press crews whenever this condition prevails is pretty generally observed. But there have been some instances in the past when differences which were never definitely settled arose between the Union and certain newspaprs with regard to this contention, and the proposal of the Union that the generally prevailing custom be set out in the contract is for the purpose of avoiding any such differences in the future and making the generally obtaining practice uniform here in all offices. Mr. Wardman : You mean the generally obtaining practice in New York or in the country? Mr. Simons: I do not know what goes on in the country. I only see what goes on in New York. Mr. Wardman : I just mean, in answering — if that is what you mean, we will have to show — Mr. Simons : I can not tell you whether you have to have two more men out in the country, for all I know. (Reading) : In fact this question was so decided in an arbi- tration held before Supreme Court Justice Guy, acting as arbiter, in January 1921. Justice Guy's decision stated that: "We find that the use of two half rolls instead of one roll is a labor increasing device calling for a substantial amount of extra labor, which, under Section 8 of the contract must be performed by a journeyman mem- ber of the Union. Such work necessitating five changes of rolls to the shift, extra 'handling of spindles, the watching of two sheets in place of one, additional work when the sheets break and that, under the provisions of Section 19 of the contract, the Union is entitled to the employment of an additional pressman whenever two rolls are used instead of one roll." The foregoing decision of Justice Guy was rendered after a 563 personal visit to the pressroom in question and a careful observation of the work performed. Section 20. The proposal of the Union that Section 20 be eliminated, is presented for the purpose of correcting an abuse which has existed on two of the Brooklyn newspapers for many years. These newspapers publish a daily, afternoon and evening edition six days per week and a morning edition every Sunday during the year. The men who work during the day, Saturday, are required after an interval of a few hours, to sacrifice their sleeping time and return to work for an additional period of eight hours, or more. This time is paid for at the regular Saturday night scale, plus a bonus of $2.28. There is no reason why any newspaper should be permitted to continue to enjoy this special consideration to the detriment of the health of their employes without proper and adequate extra compen- sation for the inconvenience and sacrifice entailed by the worker. The physical strain upon the men working two continuous shifts and losing their regular night's sleep on those two newspapers is the same as on any other Sunday morning newspapers where day men are required to work through Saturday night. On the other Sun- day morning newspapers whenever men on the day shift are required to work through Saturday night they receive extra compensation on the basis of time and a half at night rates in accordance with Sec- tion 29. In justice to the other newspaper publishers and in the interest of fair play and uniformity, the Pressmen's Union demands that this abuse be discontinued, and confidently expect that the Arbi- tration Board will concede the justice of its contention on this point. In proposing a change in Section 21 so as to start the day's work on evening papers at nine A. M., the Union desires to restore a former condition because experience has proven that the earlier starting time of eight A. M. is a serious inconvenience and hardship upon the members. Most of the evening crews are kept late on overtime work which not only tends to bring on fatigue but causes an irregularity of meal times. To be at work by eight A. M. in the morning, makes it necessary for them to get up at 6 :30 and in some cases as early as six A. M., and does not give them time for suf- ficient rest in order to properly recuperate from the effects of the . previous day's work. It means that the men must report for work at least ten minutes prior to eight A. M., as it takes fully ten minutes for them to change their clothing and be on the pressroom' floor and 564 actually at work by eight o'clock. Under these conditions, the Union feels that its members should not be required to report for work before nine A. M. in the morning, and that this regulation should be decided in their favor by the Arbitration Board in order that the pressroom employes may have sufficient time for rest and recupera- tion from the effects of a very long and arduous day's work. The demand of the Union for a $10.00 increase for all members, over the present wage scale is based upon the fact that its members have never received wages adequate to enable them to maintain the standard of living to which their station in life entitles them, and upon the fact that their present and past rate of wages is inadequate for the skill and the hazardous nature of a newspaper pressman's work. The demand of the Union upon this point is supported by an exhaustive study of living costs and the standards of living that skilled mechanics are entitled to, which has been presented as the main part of the prma facie case of the Union. This study will also deal with the condition and the outlook of general business pros- perity, with the prosperity of the New York newspapers in particular,, and will show as far as the limited information which the Pressmen's Union could secure, the increased earnings of the New York news- papers and their ability to pay this increased wage scale, because of the unprecedented prosperity which they are enjoying. Section 27 A, which provides for sub rates of $1.00 per day or night over the regular scale for all substitutes working less than six days or nights per week and compensation of $1.00 for each day or night they are not put to work, is presented for the purpose of remedying a very imjust condition. Substitutes, members of the Union, who are not assigned to any regfular position, never know whether they will be put to work or not, but are required to report each day or night and thus hold themselves available to meet the demands and conveniences of the newspapers in case extra men are required for the production of extra large papers. When these substitutes are not put to work they have to give up the time it takes to travel to the office and spend their carfare back and forth without any compensation for this sacri- fice and inconvenience. They cannot remain at home or at any other convenient place and await a call to work, as they have to be available right in the pressrooms on the moment. They cannot be notified to apf)ear for certain employment the night or morning 565 prior to their being assigned to work because the newspapefs never know for certain how many pages the following day's issue will contain, and take absolutely no risk of having more than the actual minimum number of men required. Therefore, they must come and go every day or night that they are not engaged for work, the same as though they were ordered in to work, or suffer the possible loss of an opportunity of employment. In all departments of the commercial printing offices, substitutes •or extras not having any regular situation and who are employed on part time according to the needs and conveniences of the employer, receive a certain amount daily in excess of the regular, scale, and pro- vision for this extra compensation is provided for in the contracts between the Employing Commercial Printers and the various print- ing trades unions. The union submits that the newspaper pressroom employees are entitled to the same consideration and that the ^ Comparing the pressroom labor costs in the foregoing cities with the cost in New York City, we find that the average cost on the Globe, Evening Journal and Evening Sun of New York City is 61 %c per one thousand eight page papers; this average cost for the New York American, New York Times and the Daily News is 59c per one thousand eight page papers, showing an average for the six New York papers of 60%c per one thousand eight page papers as compared to 64%c for the thirteen other cities mentioned. All of the foregoing figures used in these comparisons as stated above are taken from the questionnaires received from the various Pressmen's Unions in other cities (Rebuttal Exhibit No. 8). We also submit the follovfring tabulation of pressroom labor costs for fifty-four large cities in the United States which averages 63%c per one thousand eight page papers and is three and one-sixth cents more per one thousand eight page papers than the six New York newspapers quoted above. The six New York newspapers mentioned were the only ones for which we could procure the pay roll figures : PRESSROOM COST PER 1,000 EIGHT PAGE PAPERS IN THE FOLLOWIl^G CITIES : Atlanta Journal $.49 Boston American 61 Boston Herald Traveler 67 Boston Post 63 Boston Transcript 58 Baltimore American 62 Baltimore News 55 630 Cincinnati Tribune 68 Cincinnati Post 67 Cincinnati Times-Star 51 Cleveland Leader-News 51 Qeveland Plain Dealer 49 Cleveland Press 48 Dallas, Texas, News Journal 53 Denver Express 94 Denver Rocky Mt. News 62 Denver Times 64 Detroit Free Press 56 Detroit Journal 69 Detroit Times _ 55 Hudson County Dispatch 74 Indianapolis Star 53 Indianapolis Times 51 Kansas City Times 57 Los Angeles Examiner 65 Los Angeles Record 52 Louisville Times 69 Louisville Post 59 Memphis Commercial Appeal 59 Memphis News Scimitar 68 Newark Ledger - 90 New Bedford Standard 1.03 (Pressroom non-union) Pittsburgh Chronicle Telegraph 64 Portland, Ore., Oregonian 80 Portland Journal 87 Portland Telegram 63 Rochester Democrat Chronicle 67 Rochester Times Union _ 48 San Francisco Chronicle 62 San Francisco Bulletin 50 Average per thousand 8-page Papers, .63^4 Seattle, Wash., Post Intelligence 71 Seattle Telegram 1.00 Seattle Times 64 Seattle Union Record 89 Seattle Star , _ 62 Toledo Blade . _: :. 47 631 Toledo News 52 Toledo Times 70 Washington Post .'..'. 64 Washington Star 47 Washington Times 71 Washington Herald 66 Worcester, Mass., Telegram 44j/^ Worcester, Mass., Post 54 These figures show conclusively that, as far as labor pressroom costs are concerned, the New York newspapers are not at a dis- advantage as compared with the newspapers of other cities and that they are getting more efficient operation and larger production as a result of the present number of men employed on the presses in New York. In connection with the element of danger as a reason why there should be a sufficient number of men designated for the operation of the presses and to show the extremely dangerous character of the work in the New York pressrooms, the Union directs the attention of the Arbitration Board to the fact that the deaths of thirteen members of the Union in New York were directly attributable to injuries that they received at work. The names of these men and the papers on which they were employed when the accidents hap- pened are as follows : Thomas Gregg New York Sun Andrew Chambers New York World Sidney Glennon New York American Thomas Mealey New York World James Monahan Brooklyn Times Frank Masterson Evening Journal Howard Rittenhouse New York World Mey-er Katz _ .Jewish Forward D. Sheehan Herald D. Fagan World F. Kane Evening World J. Hickey New York American J. Spark Herald We submit also a list of the names of the members of the Pressmen's Union which can be classed as industrial casualties, these men having been forced to abandon the trade of newspaper 632 pressman because of the exacting and depressing nature of the work required of them: INDUSTRIAL CASUALTIES David Askins „...Tribune Martin Broderick _ -Telegram James Malone —Telegram Bill Johnson -...Herald Julius Einengler — -Evening World Claude Lucker New York Times Thomas Frost .- -.Evening World Joseph Toomey New York Times August Schmidt Herald Stephen Parcel _ Herald James Monhan -.-Evening Sun James Lloyd Evening Journal John Fitzgerald Evening Journal Wm. Halloran New York Press Harry Abrams Evening Journal William Barry - Evening Journal Paul Bassett -...New York Globe James Conway „. - McClures Syndicate James Cotter New York Herald John Smith Jewish Daily Forward Joseph Hansen Chat Robert Comolly, Jr New York American Austin loose New York American Frank Kellogg New York American A. Matthewson New York- World John Malia - Telegram Jbseph Mclntyfe Telegram J. McCormack American Chas. McKibbon Evening Journal David O'Brien - Mail John Powers - _ Herald Robert Pinkerton - Evening World John Platz Bridge Arch Peter Quinn Eagle Matt Smith _ American Color 633 John Shields World and American Robert Stevenson Evening Mail Edward Daly Mail S. Smith Journal , W. Schuman American N. Tooths, Sr Nevir York Times W. Pike , Evening World J. Daly Morning World J. Daly Bridge Arch Frank Golden New York Sun Walter Stokes New York American The Union by no means rests that part of its case which has to do with the proper number of men necessary for the safe and efficient operation of the presses upon information submitted as to the con- ditions obtaining in other cities. In fact we believe that the condi- tions of other cities should be considered as having no bearing upon what this condition should be in New York City. The data showing the number of men employed on the presses in other cities does not in any way reveal the actual working condi- tions, nor the hazards of the working conditions in other cities compared with those hazards in New York City. The Union in- sists that the question of the number of men to be employed on the different presses should be determined solely upon the work and physical conditions actually existing in the newspaper pressrooms of New York City. We have described those conditions in detail in our prima facie argument as well as the hazards and the great haste incident to the increased production of newspapers in New York. We trust that the Arbitration Board will keep those facts in mind, and upon their visit to the pressrooms of New York City, give care- ful attention to the conditions enumerated by the Union and to the reasons stated why the present number of men employed to operate the presses should not be reduced. We also urge upon the Arbitraflon Board, when giving con- sideration to the number of men to be stipulated for the operation of presses, to give careful attention to the study and report made by Dr. Louis I. Harris which has been submitted by the Union in support of its contention that the present number of men employed should be continued and specified in the new contract of employment. 634 In reference to the number of men necessary for the opera- tion of the presses, the Publishers stated on page 27 of their brief, that the machine does the work after the cyhnders start to run. On page 28 and 29 of the Publishers' brief, we find a statement to the effect that, while New York papers have the greatest circula- tion, no more work falls upon the pressmen in New York City than in other cities and that what takes place is merely a mechanical ex- pansion without increase in the production per man. This is a most absurd statement to say the least, and we are sure will be refuted to the satisfaction of the Arbitration Board upon their personal visit and inspection of the presses. The fact of the matter is that, while the press is in operation, the whole crew is required to give constant attention to the press, keeping it sup- plied with sufficient paper rolls to insure continuous running, chang- ing the paper rolls when they have been consumed, stopping the press in the case of the break of the web and rethreading the web through the press again, keeping the ink fountains filled and all the bearings and journals oiled so as to avoid hot boxes, changing the plates on the presses of the various editions throughout the day, and numerous other things which have been already described by the Union. To say that, under such conditions, the machine does the work after the cylinders start turning and that the continuous operation of presses does not cause more w,ork to fall upon the pressmen is absolutely at variance with facts. In regard to Section 18 of the Union's proposal which pro- vides the number of men to be employed for the operation of Maga- zine, Half-tone or Color presses, the Union desires to explain the reason for the number of men stipulated therein for that class of presses. This section provides the same number of pressmen as are employed at present. It will be noted that two pressmen in charge and ten color pressmen are required for an octuple press running black and two or three cylinders in color. This is two more pressmen than are required for the regular octuple press printing only with one color (black ink). The two additional men were agreed upon by the Publishers' Association and the Union as being necessary because a press doing this class of work, running to octuple capacity, has either one or one and a half full press units in operation more than the ordinary octuple press. Each press unit consists of two sets of plate and impression cylinders, each cylinder 635 f carrying eight plates. The number of men as stipulated for presses of this size and character is one less than would be required upon a press having the same number of press units on the regular issues of the daily papers. There is the same proportion of difference in the number of men employed on Color and Magazine presses of smaller capacity. The original reason for this difference was that Magazine presses were formerly operated at a very low speed; and because of the small production within a given time, it was not considered necessary to have as many men on these presses as were agreed upon for the Black presses. This section, however, has never been changed although the speed of the Color and Magazine presses has been greatly increased — in fact they are now being operated at double the speed they were ten years ago. EXPLANATION OF SECTION 18A: The Union desires to state for the information of the Arbitration Board that when regular journeymen pressmen, members of the press crews employed on Color and Magazine presses, are assigned to the special work of preparing the impression cylinders, that is putting on the pack- ing and hanging the overlays, that this work is a part of the duties of the pressman in charge. Section 18A provides that, when press- men are directed to do this particular kind of work, they shall be paid at the rate of a pressman-in-tharge wages. The compensation for this work as set out in this section is the result of an arbitration decision by the Rev. Dr. Charles Stelzle. It enables the publisher to prepare his press in shorter time and permits a longer schedule of time throughout the week for the operation of the press in ac- tual production. Section 18B of the Union's proposal stipulates the number of men to be employed on rotogravure presses. The four page wide press is a complete press unit producing eight pages and requires three journeymen pressmen including a pressman in charge. A Black press of the same capacity requires a total of four press- men. Thus it will be seen that one man less is employed on roto- gravure, presses than on the ordinary newspaper press. This is mainly because of the slower speed of the rotogravure presses and the fact that the printing surface consists of an etched copper cylinder which is prepared in its entirety by the Photo Engravers ; and the press, therefore, requires no work on the part of the men 636 in putting on the plates such as as is necessary with the ordinary newspaper presses. Smaller presses of this capacity require one man less as will be noted in the latter part of Section 18B. In further connection with this question, the Publishers have cited in support of their contention that at infrequent intervals newspapers were compelled to run some of the presses with a man short. They attempt to place the full responsibility for this condition upon the Union and to use it for the purpose of exploiting the members of the Union by attempting to bring about a reduction in the present size of the press crews. They refer to this condition as "deliberate, habitual and shameless John Doeing" and charge that the Union deliberately perpetrates this condition so as to increase the individual earnings of its members. The Union not only un- qualifiedly denies this charge but brands as unfair and cowardly this attempt on the part of the Publishers to discredit this organiza- tion and its members for the sole purpose of jeopardizing our in- terest in connection with these arbitration proceedings. We desire to call the attention of the Arbitration Board to the fact, as already stated, that the Union has always met its full obligation in supplying the normal requirements of the Publishers for competent and skilled pressmen. The only occasion on which the Union has partly failed to meet the requirements of the Pub- lishers has been when extra large papers, requiring an unusual amount of men, were published by practically all of the newspapers upon the same day. We give the following example of these ab- normal conditions and the impossible demands made upon the Union. During the recent very busy season prior to the Christmas holidays, evening papers consisted of from 28 pages to 56 pages on the Friday issues, requiring in some instances as many as three times the normal force of men. Immediately following that on Saturdays, when the evening papers contained the smallest number of papers of any day in the week, the number of pages ranged from fourteen to eighteen pages. Under this condition not more than half of the men demanded for production of the papers on Friday are required for the manning of the presses on Saturday. On the night shifts we find practically the same condition. Saturday morning's paper usually not exceeding twenty-four pages is followed with the Sunday papers consisting of eighty to one hundred forty pages. At no time, when these abnormal demands 637 were made upon the Union, have we ever been given any previous notice. The Union has been expected to furnish upon immediate demand all of the competent pressmen necessary to meet these ab- normal and extraordinary requirements of the New York news- papers. A really remarkable feature in connection with this condi- tion is that there have been so few instances in which the Union has failed to supply the extraordinary requirements of the Publishers. On numerous occasions ofiScials of the Union have requested Pub- lishers to advise them on the day prior to anticipated large publica- tions how many men they would require on the following day. In every instance the Union ofificials were informed that it was im- possible to determine the number of pages until a few minutes, be- fore the make up of the paper. This can be proved if the Arbitra- tion Board requires it. The Union does not deny that it has demanded, under the fore- going conditions, that the wges of the absent pressman be divided among the remainder of the crew which absorbed his work. We contend that this is only fair and equitable when it is taken into consideration that the work under those conditions becomes almost imbearable and that the short-handed crew which operate the presses under those conditions are well-nigh exhausted when their day's work is through. It has not been deliberately planned as the Publish- ers charge, but is due solely to the conditions herein described. The pressmen who have made sacrifices and carried on the work of the Publisher under these conditions were not actuated by any desire to increase their individual earnings, but were imbued solely with the responsibility of their organization in meeting its require- ments to furnish such number of pressmen as the Publishers demand. The Union cannot see any possible cause for complaint on the part of the Publishers and we believe that, instead of denouncing the organization and its members for helping them out under such extra- ordinary conditions that we should be commended and the Publish- ers should' come before this Arbitration Board singing our praises rather than attributing to us dishonorable motives. In fact it is the first time that the Union has ever heard of any complaint on the part of the Publishers as they have previously always indicated that they were satisfied and in every instance willingly agreed to divide the pay of the absent member of the crew among the remain- der who made such great sacrifices in order to get out the Publishers' work. 638 In any case where there are an insufficient number of men to man the presses, the foreman and the chapel chairman have always been requested by the Union to fill up the crew by using the appren- tices and the junior pressmen who have had the longest experience in the pressrooms. On some occasions in the large papers, as many as eight and nine apprentices and junior pressmen are advanced temporarily to the position of journeymen pressmen in order to supply the required number of men. Both the Publishers and the Union at times become the victims of this condition because of the extensive illness among the mem- bers of the pressmen's Union. This is more prevalent among the night shifts than the day shifts where we have found in the large shops on Sunday nights, following the very long and arduous Sat- urday night's work, that as many as twelve to fifteen of the regular men are physically unable to report for work. We are submitting herewith, marked Rebuttal Exhibit 9, copy of a letter addressed to the foreman of the pressroom of the New York Tribune, which bears evidence of the fact that we have pur- sued the foregoing policy and which on the contrary shows that the Publisher has not been inclined to mutually cooperate with the Union in order to overcome this abnormal condition, both as to supplying the shortage of journeymen and giving apprentices an opportunity to get actual experience on the presses. We submit also, marked Rebuttal Exhibit No. 10, a letter recently received from the widow of one of the deceased members of the Union. This letter speaks for itself and in our opinion amply refutes the charge of the Publishers that the Union members are responsible for creating an artificial shortage of men in order to increase their earnings. The fact of the matter is that any shortage of men is physically injurious to the members who are compelled to work short-handed and that practically every member of the organ- ization, in full appreciation of this, exerts himself to the utmost in covering the office at all times. Section 19 of the Union's proposed new form of contract is exactly the same as the section dealing with this subject in the old contract. It refers directly to the question of the proper number of men to be employed on the press crews. It will be observed that this section gives either party to the 639 contract the right to demand a modification of the number of meil required for the various sizes of presses, making provision for arbitration in the event of both parties to the contract failing to agree. This section should be continued and made a part of the new contract, as it affords a fair and practical means of determining any dispute relative to the proper number of men constituting the press crews and also gives both parties to the contract an opportunity to obtain relief in the event that mechanical changes warrant the Publishers' demanding less men or the Union's demanding more men on any press crew than the contract stipulates. HOURS OF WORK: The number of hours and the shift hours are mentioned in the Union's proposal in Section 20 to 22, inclusive. The same subject is dealt with in Section 2 of the Pub- lishers' proposal. The main points of difiference in the two proposals are as follows: 1. Both the Union and the Publishers propose eight consecu- tive hours of work for the day shift, the Publishers stipulating that it shall be exclusive of the lunch period. 2. The Union proposes for the shift hours on the day shift 9 A. M. to 6. P. M. and the Publishers propose 7 A. M. to 7 P. M. 3. For Half-tone, Color and Magazine presses, the Union pro- poses for the day shift eight consecutive hours between 8 A. M. and 5 P. M. The Publishers make no specific proposal of hours for the Magazine presses, but apparently include the day shift on this class of presses in their regular schedule of day hours. 4. The Union proposes a night shift of six hours between 12 Midnight and 6 A. M. The Publishers propose eight hours at night exclusive of the lunch period, and a night shift of hours between 7'P. M. and 7 A. M. On Saturday night the Publishers propose a shift of hours between 5 P. M. and 7 A. M. 5. For Magazine presses on the night shift the Union's pro- posal is for two shifts of six consecutive hours between 5 P. M. and 8 A. M. The Publishers' proposal that the lunch period shall be exclusive of the regular hours of work will be taken up later on in connection 640 with Section 30 of the Union's proposal which deals with that sub- ject. Therefore, no comment upon that subject will be made here except to call to the attention of the Arbitration Board that the present eight consecutive day hours of work include the half hour luncheon period. In support of their contention for an eight hour day and an eight hour night, the Publishers quote ex-President Wilson in his advocacy of the eight hour day for the railroad workers. They also refer to Congress' enactment of the Adamson law providing eight hours of work for the railroad men. While the Union appreciates that mention is made of these facts by the Publishers for the purpose of attempting to justify their demands for an eight hour day and night in their pressrooms, we desire to point out to the Arbitration Board that this change in the hours of work of the railroad em- ployes was a reduction in hours as contrasted with the attempt that the newspaper publishers are now making to have the hours of work of the newspaper pressmen increased. They cite this particular in- stance in support of their own tendency in the opposite direction. The Union believes that the important point in connection with the reduction of hours of work on the railroads is not so much the fact that they were fixed at eight hours per day as the fact that the working hours of the railroad employes were considerably reduced, and reflects the general tendency to shorten the hours of labor wher- ever conditions warrant and justify it. The Publishers cite the fact that in numerous industries the various trades operate upon an eight hour basis. They submit also a schedule of working and shift hours in operation in the mechan- ical departments of the newspapers other than the pressrooms. The purpose of these comparisons evidently is to show that the eight hour day is more or less universally established and that the Pub- lishers are, therefore, justified in their demand that the pressmen also should be required to work eight hours on both the day and night shifts. They complain that the present shift of hours in the press- rooms does not permit them to make the early mail trains running to various other cities and that they are unable, therefore, to meet the public demand for their papers. In the train schedules given, which they claim they are desirous of utilizing for the shipment of New York papers, train times as early as 8:40 P. M. are given. 641 The cities to which they claim they should be permitted to Send their papers at an earlier hour than is now possible are Philadelphia, Pittsburgh, New Haven, Buffalo, and other cities en route. The Union submits that no fair comparison can be made for the purpose of determining what hours of work are fair and equita- ble for newspaper pressmen with workers engaged by the railroads or in any of the other numerous industries mentioned by the Pub- lishers. In none of these occupations are the workers subjected to the same perils, accident hazards, and the unsanitary conditions detri- mental to the health of the workers ; to the necessity for such con- stant haste and continuous physical exertion as the work required of members of the newspaper web pressmen's union. Neither can any fair comparison be made for this purpose between the nature of the work of a newspaper pressman and the work 0;f employes in any of the other mechanical departments of the newspapers. It is suggested that, when the Arbitration Board- visits the newspaper pressrooms, they will endeavor to find time enough to go through the other departments and ascertain this fact to their own satisfaction. There is no. objection on the part of the Union to eight continu- ous hours of work including time for lunch on the day shifts. We do, however, strenuously object to the publisher having the right to call us in for work any time between the hours of 7 A. M. and 7 P. M. The fact that the publisher agrees to give advance notice whenever he intends to change the schedule of working hours would be no relief whatsoever from the serious burden that such a shift of hours would impose. On the contrary the changing of the hours, even though advance notice is given, will cause no end of incon- venience to the employes. A crew or a group of men could be ordered in to work at eight o'clock for one week and be notified that on the following week they are to report at 11 o'clock. Or, on the other hand, a crew reporting at 11 A. M. can be notified that on the following week they are required to come in at 7 A. M. Such an arrangement takes into consideration only the interests of the employer, his ability to operate more economically and increase the profits of the business solely at the expense and inconvenience of the workers. It will cause them to be continually dissatisfied and utterly dis- joint their family life. It will force the workers to an irregular and 642 unhealthful mode of living, both as to meal hours and sleeping time. The privilege of spreading our shift hours should positively be restricted within reason and arranged not altogether out of consid- eration for the profits of the industry, but with some humane con- sideration for the interests of the workers. In view of the foregoing, the Publishers' demands for an increase of two hours per night in the working time of the press- room employes and the privilege of stretching the working time throughout any part of the night between the hours of 7 P. M. and 7 A. M. is infinitely more barbarous than their demands with regard to the application of the day schedule of working hours. In the prima facie argument of the Union, considerable was said about the undesirability and the detrimental effect upon the workers result- ing from night work, especially under the conditions which the newspaper pressmen are subject to. Every hazard that is peculiar to the business is intensified at night and the danger to health and of accidents is much greater than during the day. In this connection we commend to the Arbitration Board a care- ful reading of the report of Dr. Louis Harris and especially that part dealing with night work, found on page 22, and that part dealing with the length of the hours of work found on page 41 of his report. In the commercial branch of the printing industry, the hours of work in the pressroom beginning with May 1, 1921, were de- creased on the day shifts from forty-eight to forty-four hours per week and on the night shifts from forty-five hours to forty hours per week, without any corresponding reduction in pay. The work of the pressmen in the commercial, job and magazine shops, is not nearly so intensive or exacting as a pressman's work in a newspaper pressroom. None of the commercial pressrooms are located in the sub-cellars. They are either on the ground floor or in the lofts of the buildings. The ventilation is much better, th^ work is lighter and the presses do not run at one-quarter of the speed at which newspaper presses are operated. Surely if it was considered humanely necessary and equitable to reduce the hours of work in the commercial pressrooms, there can be no justification for the demand of the newspapers that the working hours of their pressmen be now increased. It was stated in the Publishers' presentation of their case that 643 there is no other Union which works less than forty-eight hours' per week, day shifts. The Union cites the following cities taken from the Publishers' Exhibit, the American Newspaper Publishers' Association Bulletin, where the pressmen work less than forty-eight hours, giving the number of hours worked per week .in each city:, Anaconda 45 hours Bellingham, Wash 45 Boston, Mass 42 Butte, Mont 45 Colorado Springs, Col 44 Fresno, Cal - 45 Newark, N. J. 45 Pawtucket, R. 1 45 Pittsburg, Kan 44 Providence, R. 1 45 Reno, Nevada 45 San Diego, Cal 45 San Francisco, Cal. 45 Tacoma, Wash 42 Calgary, Can 45 Edmonton, Can ,. 45 also the four following additional cities and the number of hours worked per week which information is taken from the Union ques- tionnaires (Rebuttal Exhibit No. 8) : Fall River, Mass 42 hours New Bedford, Mass 42 " Ottawa, Can. ...: 45 Seattle, Wash 45 " As a matter of fact there are very few of the newspapers that even need the proposed longer shifts or the increase in actual work- ing hours that are now demanded by the Publishers. Out of the seven evening neWjSpapers, there are only two that start their presses prior to 9 A. M. In fact one of these two begins the printing of, the evening paper at 11 P. M. of the night previous to the date of its issue. There are only two of the morning papers that ever have occasion to start their presses before 11 P. M., and of those starting their presses at 11 P. M., the World and the Times, each operating about ten presses only two presses are started at that hour. 644 It is not so much the question of making the mail trains and supplying the demands of the public as it is an effort on the part of certain Publishers to monopolize the newspaper field and increase their profits. Prior to the advent of the New York Illustrated Daily News as a new publication in New York City, there was prac- tically no necessity for requiring pressmen on the night shift to report for work prior to 11 P. M. When the "News" was first published, the starting time on that paper was not earlier than 11 P. M., but their circulation grew rapidly, and because their equipment was inadequate to keep up with this expanding circula- tion, they continually lengthened the working hours of the press- men until, at the present time, the men are being ordered in as early as 8 P. M. The circulation of the Daily News is over four hundred thousand per day. This is produced on three presses. The circulation of the New York Morning World is over three hundred thousand per day, in the production of which ten presses .are used. As a result of the success of the Daily News, a keen rivalry grew up between the "News" and the New York American, the latter following the example set by the "News" is now pubUshing in connection with the regular morning paper, an illustrated maga- zine section. The New York American is now out on the street at 8 P. M. ; closely followed by the Daily News. In this mad rivalry and race for profits, which is now responsible for the Publishers' desire to further inhumanely exploit the pressmen, we now find the ridicu- lous spectacle of morning newspapers being offered for sale at that early hour and long before the evening newspapers have disap- peared from the newsstands. Even the newsboys charge five cents each or approximately 100% over the regular sale price for the early editions of those newspapers. They are sold all over the city all night long, which shows that it is not a question of making the mails, but for the purpose of forcing up circulations through the medium of this all night peddling. At the initial meeting between the newspaper owners and the representatives of the Union, the foregoing facts were cited, where- upon Mr. Ochs, owner of the New York Times, Mr. Munsey, owner of the New York Herald, Evening Sun, and Telegram, and Mr. Ralph Pulitzer of the New York World, objected to being 645 placed in the category with the two newspapers previously men- tioned, strongly disapproving of what the Union characterized as prostituting the newspaper business. There is no public demand in Baltimore, Buffalo, New Haven and Pittsburgh crying out for the service of the New York news- papers. There are first class daily newspaper publications carrying all the news of the world in every one of those cities. And in any event, if the New York publishers were able to ship the morning newspapers to those points on the early mail trains leaving at 8 :40 P. M., from six to twelve hours would elapse and by the time the New York papers reached those cities, the news they contained would already be history. As a matter of fact there is a very small demand for out of town papers in any of the large cities. The people who buy them do so as a matter of home pride and as a means of getting in mental touch with their own towns. They do not seek the last minute news but are satisfied to have the paper even though it may be a day or two old. At any rate there is not such a great public demand for New York newspapers as to warrant this Arbitration Board in granting the Publishers' demands, when such a result would be so depress- ing and discouraging to the men employed in the pressrooms of the New York dailies. The only preventative that the Union has against abuse and exploitation by their employers is to discourage their proposed out- rageous schedule of working hours by demanding that the present regular hours remain as they are, and insist upon an extra rate of overtime pay for any work outside of those hours. The question of changing the hours of work, especially the night hours, is purely a matter of increased profits especially from the standpoint of the two particular newspapers mentioned. They not only bring their men in as early as 8 P. M., but one of them, the New York American, orders their men in at 5 and 6 P. M. If the regular schedule of hours was advanced only one hour, they would save $11.28 per man every week. This alone would amount to a loss to the pressmen employed on those two papers of over a hundred thousands dollars a year and would, without "any other change in the hours, more than offset the increase of wages that the Union is asking, if the full amount demanded were awarded by the Arbitration Board. 646 Any lengthening of the actual working hours or the shift hours would be disastrous in its effect upon the pressmen. It would enable the newspapers to dispense with numerous presses and throw hun- dreds of men out of work. We submit that all these things are worthy of the considera- tion of the Arbitration Board and are sufficient, conclusive reasons why the schedule of hours as contained in the Union's proposal for a new contract, hours that have been in effect with only slight changes for more than the past twenty years, should be continued. The Union submits in evidence copies of the existing agree- ments between the Newspaper Publishers' Association and Typo- graphical Union No. 6, Photo Engravers' Union No. 1, and Stereo- typers' Union No. 1, whose members are employed in the other mechanical departments (Rebuttal exhibit No. 11). The above mentioned organizations are the ones which the Publishers lauded in the presentation of their argument against the Pressmen's Union, stating that after conferences, in accordance with the three general principles of the newspaper owners, satisfac- tory contracts were negotiated with all those Unions. » In the matter of the actual hours of work and the shift hours that are now in effect in the several departments where the members of the foregoing Unions are employed, it will be interesting to note the schedule set out in each of those contracts. On page 4 of the Typographical contract, it will be noted that seven and a half hours of actual work, between the hours of 6 P. M. and 3 A. M., constitute the night shift schedule, excepting on Saturday night when the shift schedule is increased to eleven hours. On the day shift seven and a half hours of actual work with a shift schedule of ten hours is required. On page 7, the hours for the 3rd or "lobster" shift will be found— seven hours of actual work with a shift schedule of only eight hours. In the Photo Engravers' agreement on the first page it will be found that forty-four hours per week constitutes the actual working time for day shift and forty hours' work per week for night shift ; that the shift hours are from 8 A. M. to 6 P. M. for day workers and for two night shifts between 6 P. M. and 3 A. M. and 11 P. M. and 8 A. M. for night workers. 647 In the Stereotypers' agreement on page 4 and 5/ the night shift consists of six hours between 11 P. M. and 5 A. M. and the day shift consists of eight hours, between 8 A. M. and 7 P. M. EFFECT OF INCREASING HOURS OF WORK In order to show the effect that any change in the present hours of work would have, the advantages accruing to the Publishers and the disadvantages that the pressmen would suffer, we quote here- with from the decision of the late John Mitchell in the arbitration of the dififerences of the wage scale and employment conditions be- tween the Publishers' Association and the New York Typographical Union No. 6 in 1918. In rendering his decision in that case, Mr. Mitchell referred to former President Wilson in his opposition to the ordering of any of the conditions of labor during the war. The part of Mr. Mitchell's decision referred to is as follows : "At present, using the night scale as the basis, printers receive within a fraction of 78 cents per hour, actual working time. To add three hours per week to the actual working time might well be considered as a reduction of $2.34 per week. THIS WOULD PRACTICALLY NULLIFY THE INCREA'sE IN WAGES GRANTED IN THIS ARBITRATION; IT iWOULD BE TANTAMOUNT TO GIVING WITH ONE HAND AND TAKING AWAY WITH THE OTHER. FURTHERMORE TO INCREASE THE HOURS OF LABOR OF WORKMEN WHO HAVE FOR SO MANY YEARS BEEN EMPLOYED AND PAID FOR SEVEN AND ONE-HALF HOURS' AC- TUAL WORKING TIME WOULD BE UNJUSTIFIABLE AND AT THE PRESENT TIME INDEFENSIBLE. Again, were there no other valid reasons for denying the proposal to lengthen the working day the arbitrator should not disregard the pronouncement of the President of the United States in vetoing an Act of Congress requiring government employes, in consider- ation of an advance in salary, to work eight hours instead of seven hours per day. This pronouncement has been accepted everywhere as the enunciation of a policy that has a direct bear- ing upon the successful prosecution of the war. It bears so directly upon the question here at issue that it seems proper that it should be made a part of these findings. 648 Considering all these elements, taking into account the fact that in newspaper offices in twenty-two cities the hours range from thirty-six to forty-eight and in twenty-four cities the hours range from a minimum of forty-one to a maximum of forty-seven and average forty-five per week, CONSIDERING THE FACT THAT IN MOST SKILLED TRADES, EXCLUSIVE OF THE PRINTING TRADE, THE HOURS OF LABOR ARE LESS THAN FORTY-FIVE PER WEEK, it is my judgment that the proposal of the Publishers for an increase in the hours of labor should not be granted ; and it is so decided." In further connection with the Publishers' demand to increase the hours of work of the Pressmen, we quote herewith from a mes- sage to Congress by former President Wilson, July 1, 1918, which vetoed the Executive and Judicial appropriation bill, providing an increase in the hours of work for federal employes; — from 7 to 8 per day, also from Arbitrator Frank Morrison's decision in the Typographical-Publishers proceedings in 1919. The quotations follow : President Wilson : "At the outset of the war I felt it my duty to urge all employers in the United States to make a special effort to see to it that the conditions of labor were in no respect altered unfavorably to the laborers. It has been evident from the first how directly the strain of this war is to bear upon those who do the labor which underlies the whole process of mobilizing the nation, and it seemed to me at the outset, as it seems to be now, that it is of the highest importance that the advantages which have been accorded labor before the war began should not be subtracted from or abated. "Having taken this position in an earnest appeal to other em- ployers, I do not feel justified in assenting to a measure in which the United States, as an employer, changes the conditions of labor of its own employes unfavorably to them, and I feel the freer to take this position because I have not learned from any quarters that the employes of the Government in the District have been slack in their labor or have demurred from doing any of the necessary additional tasks which the time and the exigency require. On the contrary, I have learned that they have cheer- fully done additional labor and have not needed the compulsion of law." 649 Mr. Morrison: The Publishers ask that the working day be extended from seven and one-half hours to eight hours. The Printers oppose the abandonment of the present rule, which has prevailed for many years. Your Arbitrator is of the opinion that to lengthen the work diay in any calling, and especially in this intensified industry, would be in opposition to the world-wide agitation for a better- ment of the workers' conditions, and for physical reasons alone it can not be justified. Even were your Arbitrator to ignore these facts, it is neither wise nor practical to take from workeirs long-established condi- tions. It is therefore ordered that no change be made in the hours constituting a work day, or work night. The privilege of transferring pressmen from one press to another is demanded by the Publishers' Association and made a part of their proposed form of contract, designated therein as Sec- tion 8. This question is also dealt with in Section 23 of the Union's proposed form of contract. Sufificient reference has already been made to this subject to make it clear just what the points of differ- ence are. However, we desire to direct the attention of the Arbitra- tion Board to the latter part of the Publishers' proposed Section 8, which states that "such transfers shall be made without reducing the number of men employed on any regular eight hour shift." It might be presumed, if this demand of the Publishers were allowed by the Arbitration Board that, the language used in their Section 8 meant, in case men are to be transferred, that such transfer would be effected without reducing the number of men on a press. The inten- tion, however, no doubt, is to transfer the men indiscriminately and promiscuously without regard to the extent to which any press crew might be depleted or to the increased burden of work and the extra hazards which the men would be subjected to thereby, as long as the total number of men employed in the whole pressroom were not reduced until the end of the regular working shift. In pointing out the foregoing, the Union is not apprehensive for a moment that the Arbitration Board will allow the Publishers' demand that they should have the privilege under the new contract to transfer men from press to press without good reason ; but it is 650 mentioned merely to show the extent to which the Publishers intend to carry this practice regardless of its effect upon the health and physical welfare of the workers. In the prima facie brief of the Union, the conditions under which press crews, or individual members of press crews, can be and are transferred was thoroughly explained. The Union reiterates its protest against transferring except under those conditions, and we enumerate below such additional reasons for the Union's objection to unrestricted transference of the press crews or individual members thereof as we did not give in that part of our prima facie argument dealing with this subject. The Publishers are demanding that this Arbitration Board restore a condition that was in practice about seventeen or eighteen years ago. In about the year 1905 this practice was abandoned because of the unjust hardships and the danger of accidents to the men. The said Section 23, as contained in the Union's proposal, was first adopted and mutually agreed upon between the Publishers' Association and the Union in 1907 and has been the rule regulating this condition ever since that time with the following exception : The transfer from one press to another of a whole crew was continued after 1907 in the office of the Brooklyn Daily Eagle, which at that time was not a party to the contract between the Pub- lishers' Association and the Union. The Brooklyn Eagle subsequently came under the contract and by unanimous agreement between the representatives of the Pub- lishers and the Union in the negotiation of a new contract in 1918, this practice was discontinued in the Eagle office. The first agreement which discontinued the unrestricted trans- fer of pressmen was brought about by Mr. Don C. Seitz of the New York World, Mr. S. S. Carvalho of the New York American and Journal, and the late Mr. Herman Ridder of the New York Staats- Zeitung, representing the Publishers' Association, because of their appreciation and understanding of the abuses perpetrated under this practice. At that time the Union also relinquished numerous con- ditions of employment favorable to them, such as double time pay for certain work, in return for the Publishers' agreement to a dis- continuance of the transferring. The Union feels that that arrange- ment was a bargain which should hold good today ; and that because 651 of the many abuses that can and no doubt will be practi(;ed if this condition is restored, as well as the great hardships and increased danger of accidents ; that the transferring of press crews or indi- dividual pressmen should be restricted and allowed only under the conditions as explained in our prima facie brief. On page 38 of the Publishers' prima facie brief, it is stated in connection with this subject that anployes in the composing room, the stereotype, mailing and delivery departments, may be trans- ferred from one particular kind of work to any other work that is done in each of those departments. This statement is evidently made with a view of convincing the Arbitration Board that the other printing trades' Unions are more considerate of the Publish- ers' demands than is the Pressmen's Union, and that because this is possible without working any hardships upon the employes in those departments, this condition should also be permitted in the pressrooms. There is absolutely no comparison between the work of the men in any of the other departments and the work of the men in the pressrooms. In the first place the men in all of the other depart- ments mentioned are continuously engaged at individual tasks, with the exception of the stereotypers who operate the auto-plate ma- chines; and these men are never transferred from one machine to another except under the same conditions governing the transfer of men in the pressroom. On page 34 of the employers' prima facie brief, the first para- graph, designated "Newspaper A," states that the objection to fore- men transferring men, once the crews were assigned, from one press to another when the foreman discovered that it was to the advan- tage of the office to make a change. The Union wishes to deny that such a thing ever took place. As we have already stated, the Union does not, nor never has objected to transfer of the men under such conditions. Moreover, this complaint is a mere statement on the part of the Publishers unsupported by evidence of any kind. The Arbitration Board should take into consideration, when deciding this question, that the majority of accidents to the men of the newspaper pressrooms happen when the paper web is being threaded through the press. This is one of the principal operations in the preparation of every press for a run. Therefore, if press crews are transferred from one press to another, except under the 652 most urgent necessity, the danger of accidents to the men is bound to be increased. Section 24 of the Union's proposal is a Union regulation which complies with the State Law but, does not in any way affect the employers, because the limitation of six days' or nights' work a week is not enforceable in any case where substitutes cannot be obtained. It is necessary for such a clause to be in the contract in order to obligate both the employer and the individual members of the Union to comply with this regulation, otherwise individual arrangements might be made contrary thereto, not only in violation of the State Law but which might also militate against the opportunities for em- ployment of substitutes who receive only part time employment and who give up their time to cover the office. The statement made by Mr. Wardman before the Arbitration Board that the President of the Union compelled a certain office to pay time and a half when men were required to work on the 7th night in the week is absolutely untrue. We wish to call the atten- tion of the Board to the fact that, in connection with this accusation as well as all other accusations which are enumerated on pages 33 to 36 inclusive of the Publishers' prima facie brief, it is not sup- ported by evidence of any kind, but is .merely an allegation made by the Publishers against the Union. The Union challenges the Publishers' Association to produce evidesnce that will prove their accusations on this point. We are furnishing affidavits from numer- ous pressroom employes (Rebuttal Exhibit 12) to the effect that they have always worked the 7th night in the week for the regular scale, whenever they are requested to do so and the office was short- handed. Section 25 in the Union's proposal deals with an existing con- dition that has always been mutually acceptable both to the Publish- ers and the Union and to which the Publishers do not raise any objection. It should be included in the contract inasmuch as it is a condition that is understood and agreed, upon to apply to the em- ployment of the members of the Pressmen's Union. Section 26 of the Union's proposal is a disciplinairy regulation of its own membership for the purpose of better enabling the Union to meet its obligations under the contract in furnishing men to meet the erratic demands of the Publishers and the peculiar exigencies of newspaper business in New York City. Its inclusion in the contract 653 is necessary for the benefit of the employer as well as for the Union because of the psychological effect it thus has upon the membership of. the organization. WAGES In Section 27 of the Union's proposition, it is proposed that the present scale of wages be increased $10.00 p^r week. This sub- ject is referred to in Section 4 of the Publishers' proposal. No defi- nite wages are provided for in the Publishers' proposition and they apparently leave it to the discretion of the Arbitration Board to decide whether the pressmen should receive an increase in wages or not. The same is true with regard to wages of the junior pressmen employed on the flys and to carry the papers, the latter being referred to under Section 14 of the employers' proposal. In connection with the question of wages, the Publishers inti- mate that the Arbitration Board should not grant any increase in wages to the pressmen at this time and state in their prima facie brief that the present wage scale of the newspaper pressmen in New York City is higher than that paid in any other city in the United States. They submitted a table of wage scales giving the rates purported to be paid by the newspapers in thirty-four cities, but they did not give the increases that were given by these newspapers to their pressroom employes since 1914. While the Union does not regard the comparison of wages paid to the New York pressmen with the wages paid to pressmen in other cities as an important factor in determining whether or not an increase should be granted to the members of this organization at this time, we present, however, for the purpose of showing that the New York newspapers are in a better relative position than the newspaper owners of other cities to grant an increase in wages, the following comparative table which shows the scale of wages for journeymen pressmen, day workers, in thirty of the' largest cities other than New York, effective in the year 1914, and the present wage scales in effect in those cities ; also the percentage of increase in those cities since 1914. This includes all of the cities contained in the Publishers' list of thirty-six largest cities, except five for which the data for the 1914 scales could not be procured. The source of our information as to the scales obtaining in 1914 is the 654 Editor and Publisher of November 6, 1920. The source of our information for the present scales is the American Newspaper Pub- lishers' Bulletin No. 2591 submitted as an exhibit by the Publishers' Association. The page dealing with these wage scales from the foregoing issue of the Editor and Publisher is herewith submitted, marked Rebuttal Exhibit 13. Percent Weekly Scale Weekly Scale of Increase City 1914 At Present Since 1914 Omaha, Neb $12.00 $41.00 241.7 Washington, D. C 15.96 46.20 189.5 Richmond, Va ■. 14.50 35.00 141.4 Cleveland, 19.20 43.00 124.0 Buffalo, N. Y - 18.00 40.00 122.2 Indianapolis, Ind 21.00 46.00 119.0 Pittsburgh, Pa 19.20 42.00 118.7 Milwaukee, Wis 19.00 40.00 110.5 Detroit, Mich _ 19.50 40.00 105.1 Louisville, Ky 18.00 36.51 102.8 Kansas City, Mo. 21.00 42.00 100.0 Cincinnati, O. __ - 21.00 41.00 95.2 St. Paul, Minn _ _ 19.50 38.00 94.9 New Orleans, La 17.15 33.00 92.4 Boston, Mass _ 20.70 39.00 88.4 Chicago, 111 - -... 21.00 39.00 85.7 Providence, R. I - 21.57 40.00 85.4 Baltimore, Md 18.00 33.00 83.3 Birmingham, Ala. .- 18.00 33.00 83.3 Newark, N. J 24.00 43.20 80.0 NEW YORK, N. Y... 25.00 45.00 80.0 Memphis, Tenn. -. 22.50 39.90 77.3 Atlanta, Ga - -- 21.00 36.00 71.4 Los Angeles, Cal ..-.. 26.00 43.50 63.0 San Francisco, Cal _ _. 27.30 44.50 63.0 Portland, Ore. _ 26.50 42.00 58.5 Denver, Col .- 24.00 38.00 58.3 Seattle, Wash - 28.50 45.00 57.9 St. Louis, Mo - -. 23.40 36.60 56.4 Philadelphia, Pa - - 18.00 28.00 55.5 AVERAGE (Not including New York) 97.3 655 The foregoing table shows that of the thirty cities other than New York, twenty show a higher percentage increase than New York ; one shows the same ; and only nine show a lower one. In other words, the differential against the New York owners has decreased in about two out of every three cases. The Publishers' statement that the New York newspapers are paying a higher rate of wages at present than in other cities, while not regarded as important by the Union, is significant to say the least when their own exhibit, the American Newspaper Publishers' Bulletin No. 2591, January 1, 1922, shows that there are eight cities in which the newspaper pressmen are receiving a scale as high or higher than the present scale paid to the NeW York pressmen. The cities and the wage scales are as follows: Elizabeth, N. J. — ^Journeymen pressmen, weekly scale $48.00 for night and $45.00 for day work. Fresno, Cal. — ^Journeymen pressmen, $51.50 for night work and $50;00 for day work. Hoboken, N. J. — Journeymen Pressmen, weekly scale $45.00 per week with a bonus of $3.00 additional, the latter not appearing in the Publishers' Bulletin. Jersey City, N. J. — Weekly scale for Journeymen pressmen $45.00. Sacramento, Cal. — Night scale for journeymen pressmen $46.00 per week. Seattle, Wash. — Weekly scale for journeymen pressmen $45.00. Tacoma, Wash. — Night scale for journeymen pressmen $51.00 and day scale $48.00. Trenton, N. J. — Journeymen pressmen $45.00 per week. Union Hill, N., J. — Journeymen pressmen $45.00 per week. ' Calgary, Can. — Journeymen pressmen, scale $45.00 day shift and $48.00 night shift. . Edmonton, Altoona, Can. — Journeymen pressmen $48.00 night . shift and $45.00 day shift. 656 THE COST OF LIVING The Publishers have offered no evidence as to what the actual cost of living is for a pressman in New York City today. That is a matter that concerns them little. They have confined their atten- tion to the entire subject of living costs to a discussion of the price changes that have taken place since 1914. We have covered this matter thoroughly in our prima facie brief and have little to add now. We wish, however, to make two criticisms of the Publishers' treatment. 1. Figures of the National Industrial Conference Board should not be used in these^ proceedings. This board is an Association of Manufacturers organizations and its findings are biased. Estimates in the increase in the cost of living since 1914 have consistently been lower than those for the corresponding dates made by the Bureau of Labor Statistics of the U. S. Departtnent of Labor. 2. The Publishers are in error in stating that the cost of living is higher in Detroit than in New York, according to the Bureau of Labor Statistics. The Bureau's figures show merely that the cost of living has increased since 1914 more in Detroit than in New York (82.4% as against 78.1%), but gives no indication that the cost of living is actually higher in Detroit than in New York. As proof of this let us assume that the cost of a definite budget in Detroit was $1,000 in 1914, and that the cost of the same budget was $1,500 at this time in New York. Now an 82.4% increase would bring Detroit up to $1,824 in December, 1921, and a 78.1% increase would bring New York up to $2,671.50, so it is easy to see that imless we have information as to the relative cost of living at the base period (1914 in this case) no deduction can be drawn as to the relative cost of living at the present time. FURTHER CONSIDERATION OF THE RENT FACTOR Rent is such an important factor in the budget of the worker in New York today that the Union is asking the liberty of intro- ducing additional evidence on the subject which was gathered since the presentation of the prima facie brief. Questionnaires on rent were distributed among members of this organization and nearly five hundred replies were received. An 657 analysis of them is given below. The questionnaires will be sub- mitted upon request. Average rent, January, 1914 $21.26 per month 1920 34.01 " 1922 40.64 " Increase, 1922 over 1914—91.11%, of which 19.49% took place since January, 1920. It should further be noted that besides having to pay greatly higher rents, pressmen have to be satisfied with poorer facilities now than they enjoyed in 1914. The same questionnaires reveal the fol- lowing facts : Average number of rooms occupied, January, 1914 5.37 " " " " 1920 5.09 " " " " 1922 5.05 It is a statistical monstrosity for the Publishers to compare con- ditions of employment in New York with the corresponding condi- tions elsewhere without relating these conditions to such other fac- tors as advertising rates and lineage, circulation and profits. New York is the premier newspaper publishing city in the United States. Its papers enjoy the largest advertising lineage and command the highest advertising rates of any city in the United States. Is it not, therefore, only natural that New York should pay the highest wages and grant the most favorable conditions to its employes ? We will now present some figures to prove our statements of the New York newspapers' supremacy. A. Agate Lines Printed in 23 Principal Cities —1921— (From Editor and Publisher, Year Book Number) New York, N. Y 151,204,173 Los Angeles; Cal 81,428,112 Philadelphia, Pa 74,290,968 Chicago, 111 67,547,220 Boston, Mass 56,069,334 Detroit, Mich 49,124,740 Baltimore, Md 47,595,600 Washington, D. C 46,868,213 San Francisco, Cal. 44,390,412 658 Cleveland, 44,324,700 St. Louis, Mo 41,839,070 Portland, Ore 36,609,903 Buffalo, N. Y 36,162,301 Cincinnati, 35,366,400 New Orleans, La 34,557,121 Indianapolis, Ind 32,940,781 Minneapolis, Minn 31,442,482 Milwaukee, Wis 30,554,506 Kansas City, Mo 29,512,721 Atlanta, Ga 27,021 ,322 Houston, Tex 25,178,168 St. Paul, Minn 23,850,534 Birmingham, Ala 21 ,1 50,886 Total - - 1,069,040,786 It will be seen from the above table that the 1921 lineage for New York exceeds that of its nearest competitor — Los Angeles — by more than 70,000,000, or about 86%. Also that the New York City papers printed about one-seventh of the total lineage printed by the 23 cities together (including New York) during 1921. Also that the other 22 cities taken together printed only about six times as much lineage during 1921 as New York alone. Also that the New York papers printed during 1921 about as much lineage as Baltimore, Boston, and Detroit together ; as much as Atlanta, New Orleans, San Francisco, and Washington together ; and as much as Birmingham, St. Paul, Houston, Buffalo and Cleve- land together. B. Advertising rates — weighted average. We have computed the weighted average one-time agate line advertising rate for a number of the largest cities in the United States. The weight used is the lineage for each paper in each of the cities for the month of , December, 1921. This lineage was multiplied by the rate prevailing during the month (making due allowance for Sunday rates), and the sum of these products has been divided by the total lineage of all the papers in each city, the result being the average rate for the city. The following table shows these results. The details of 659 the computation are on file at the office of the Labor Bureau, Inc., No. 1 Union Square, and will be submitted for check if desired. The source for the data for this and the following table is the "Standard Rate and Data Service." Weighted Average One-Time City Agate Line Rate New York, N. Y. (not inc. Brooklyn) 639 New York, N. Y. (including Brooklyn) 569 Philadelphia, Pa 449 St. Louis, Mo 449 Boston, Mass 444 Baltimore, Md 379 Detroit, Mich 375 Cleveland, Ohio 362 San Francisco, Cal 274 Cincinnati, Ohio 272 St. Paul, Minn 246 Los Angeles, Cal 245 Minneapolis, Minn 196 Washington, D. C 189 Milwaukee, Wis 183 Columbus, Ohio 1 75 Buffalo, N. Y 173 Indianapolis, Ind , 1 70 Seattle, Wash 1 66 Omaha, Neb. 164 New Orleans, La 143 Birmingham, Ala 126 Oakland, Cal 124 Louisville, Ky 123 Houston, Tex 116 Providence, R. 1 108 Section 27 A, as pointed out in the prima facie brief of the Union, is a new section. For the reasons therefor we refer the Arbitration Board to the Union's presentation found on pages 6 to 7 inclusive of the Union's brief. Section 28 of the Union's proposal deals with the rate of overtime pay and the method of computing same. This subject is dealt with in Section 5 of the Publishers' proposed form of contract. 660 The Publishers' proposal is for price and one-half the regular scale for the actual amount of overtime worked. The Union's pro- posal is for price and one-half the regular scale for the first three hours of overtime work and thereafter double the regular scale, to be computed by the hour. OVERTIME It is noted in the Publishers' presentation on page 105 of their prima facie brief that their demand to have the pay for overtime work computed upon the actual time worked is alleged to be in accordance with the principles and practices of other Unions in newspaper industries in New York and of the International Print- ing Pressmen's Union in the cities other than New York. They cite the fact that the New York Typographical Union, the Mailers' Union and the Mail Deliveries' Union have their overtime computed in five minute periods, that the Photo Engravers' overtime pay is computed on the basis of the actual time worked, and that the Pressmen's Union and the Stereotypers' Union are the only ones having contracts with the New York newspapers which provide for computing pay for overtime work by the hour. While the Pressmen's Union has no doubt that the information given by the Publishers with respect to the basis of computing over- time pay in the instances they have cited is correct, we submit that those instances should not be taken as a criterion to establish any change in the basis of computing the overtime pay for the News- paper Pressmen of New York City. In all of the other trades employed by the New York News- papers, the employes in those departments are not required to give up the same amount of their own time in conriection with their em- ployment as the newspaper pressmen are. Not only is considerable time required for the newspaper pressmen to change all of their clothing, both before and after work, but much more time is con- sumed- in washing themselves after their day's work is finished. It takes a pressman on the average of at least half an hour every day to get his Jiands in presentable condition, as the ink and the oil with which his hands are in constant contact penetrate so far into the pores of the skin that they cannot be removed in any less time. This intensifies the inconvenience to the pressmen resulting from 661 overtime work to a much greater degree than is the case with any of the other departments mentioned because of its consequent inter- ference with his domestic habits and other arrangements outside of his employment. His meals are delayed and he is frequently pre- vented from keeping engagements previously made which not only cause many disappointments but often incur expense by reason of the fact that the pressman is compelled to forego his meals at home and purchase them in restaurants. This condition is worse during the baseball season, from April to October, than at any other time in the year because the evening papers are held late for the final scores which results in the man being unable to leave the shop until eighty-thirty P. M. We submit that because of these extraor- dinary inconveniences, which the employes in the other depart- ments of the newspapers are not subjected to, that the present method of computing overtime pay should not be changed. With regard to the Union's proposal that the rate of overtime pay should be double the regular scale when the pressmen are re- quired to continue on overtime work more than three hours after the regular quitting time, the Union desires to state that such a restriction has become absolutely necessary because of the long stretches of overtime work that the members of the Pressmen's Union are required to perform. In the mad rivalry and competi- tion for circulation, the Publishers have absolutely no regard for the health or physical condition of the pressmen. A further reason why the Union asks for this extra rate of pay after three hours of overtime work is that the longer the men are required to work after hours, the more burdensome and enervating the work be- comes and, with that, the increasing likelihood of accident and serious injury. In the commercial pressrooms of New York City, as well as the other mechanical departments, the equity of this principle is recognized and the existing contracts of all Unions, whose mem- bers are employed in the commercial printing shops, contain provi- sions not only for double time but triple time when the men are required to work long stretches after the regular hours. The question of modifying the basis of computing overtime pay for the pressmen is not a new subject. While the Publishers have made similar demands in the past, they have always agreed to continue the existing condition when the peculiar conditions and 662 the circumstances attending the work of the pressmen were pointed out to them. In proof of the foregoing, we cite the statement made by Mr. O'Donnell of the New York Times, speaking for the Publishers' Association in the Arbitration proceedings between the Publishers' Association and the New York Paper Handlers' Union No. 1 which were held in the month of February, 1920, in which case the Chairman of this Arbitration Board also presided as Chair- man. Mr. O'Donnell said in reference to this matter : "I might add that so far as the pressmen are concerned, their contract has ex- pired and the matter of overtime is being taken up." Subsequently in the early part of April, the Publishers' Asso- ciation agreed upon a new form of contract with the Pressmen's Union, made effective as of the date March 1, 1920, in which the overtime provision was continued the same as it was in the old contract without any change and which condition has continued up to the present time. BROOKLYN PAPERS Section 29 of the Union Proposal provides that men employed on the day shift of afternoon and evening papers who are required to work through Saturday night on Sunday morning papers shall be paid at night overtime rates. This is the condition which now applies and has always applied whenever day men are required to lose their sleep and work on Sunday morning papers after their day's work is finished. The Union contends that this condition should be continued and that it should be applied to the Brooklyn newspapers pub- lishing regular daily afternoon and evening papers and a regular Sunday morning paper throughout the year. The sacrifice, inconvenience and hardship entailed upon the men who are required to go through this double shift of work and the resulting fatigue and the danger of physical breakdown or accidents is just as great in the case of the Brooklyn papers as it is on any other paper where men on the day shift a:re required to continue work throughout the night. In asking that this Section 29 should apply to and govern this 663 condition on the Brooklyn newspapers, the Union eliminates Section 20 of the existing agreement from their proposed form of new contract. Old Section 20 provides that the men working Saturday night on Brooklyn papers should be paid on the regular Saturday night scale, which is $1.00 in excess of the rates for all other nights in the week. In addition thereto, old Section 20 provides a bonus of $2.28. A Saturday night's pay at present, for the employes of the Brooklyn newspaper pressrooms is, therefore, $10.78. In the Publishers' proposal, the last paragraph of Section 2, they stipulate that Saturday night employes on the Brooklyn newspapers shall receive the Saturday night scale for eight hour's of work. Under the present rates this would mean only $8.50, a reduction of $2.28 on the amount that is now being paid. That any consideration can be given to the Publishers' demands for the Brooklyn newspapers by this Arbitration Board is incon- ceivable. In almost every trade or line of business, especially in a calling where men are required to exert themselves physically and mentally and deprive themselves of sleep after having put in a strenuous day's work, the least compensation that is paid for work under those conditions is double the regular night's pay. In this case, even at the prevailing scale of wages, this would mean $17.00 for each journeyman pressman, the present Saturday night rate for journeymen being $8.50. What the Pressmen's Union is seeking is uniformity and equa:l- ity of treatment of its members under all conditions wherever they happen to be employed. We ask under this particular condition that the Brooklyn newspapers pay the same rate of compensation when day men are required to work on Saturday night as all of the other newspapers pay. In treating this subject, the publishers state on page 79 of their prima facie brief : "If the pressmen's demands were granted, at the present rate of pay, an ordinary pressman (meaning a jour- neyman) would receive $22.56 for his eight hours of work on Saturday night. The Union is asking no such thing. An applica- tion of Section 29 of the Union's Proposal to determine the rate of pay for Saturday night work on the Brooklyn papers would mean eight hours' pay at night overtime rates, $1.88 per hour, and a total for the eight hours of $15.04. It will be noted that this will be $1.96 less than a double night's pay at the prevailing rates. j564 The four hours' recess between quitting time on the day shift and starting time on the Saturday night shift of the Brooklyn papers practically are worth nothing to the pressmen outside of offering them a rest period. They have to hold this time in reserve to suit the convenience of their employers. The time can never be utilized for anything else except to go home and get their evening meal, and after a brief rest return to work. The men would much rather work right through from the time of quitting on the day shift so as to get home and to bed earlier in the morning and have more time to themselves on Sunday. To show that this is the fact we quote from the statement of Mr. Herbert Gunnison, Publisher of the Brooklyn Daily Eagle, in the ar- bitration proceedings between the New York Typographical Union and the Publishers' Association in 1919. In speaking of the leeway that the compositors have between the two shifts on the Brooklyn newpsapers, Mr. Gunnison stated the following: "The men, it is true, only take two hours between the two shifts, but they would much prefer to take the two hours than to go home and take four or five hours, and come back and work until three or four o'clock in the morning, because now, most of them get off at 12 o'clock at night and get home ; but if they had to work their full seven hours and go into Sunday morning, why that would be a different thing." On page 79 of the Publishers' prima facie brief it is stated that the pressmen should meet the requirements of the Brooklyn Sunday morning editions in the same manner as other unions do. It is interesting to note, in this connection, exactly what these con- ditions on the Brooklyn papers in the composing room departments are. We refer the Arbitration Board to page 5 of the Union's Rebuttal Exhibit No. 11, where the existing condition regarding Saturday night work on the Brooklyn papers is set out in Section 7. These provisions are as follows : $9.66 per night of seven con- tinuous hours (including 30 minutes for lunch) between the hours of 5 P. M. and 3 A. M., with an additional amount of $2.25, mak- ing a total of $11.91 for six hours and a half of work. Contrast- ing this with what the Publishers are asking the Pressmen's Union for a Saturday night's work on the Brooklyn papers, we find that they demand eight hours work for $8.50. In fixing the conditions and the rate of pay under which men 665 are required to do extra work, which entails great hardship and danger and the sacrifice of sleep, the Union contends that in no department of the newspapers are the employes entitled to as much consideration as are the employes of the pressroom. Our work has been thoroughly described and we are assured that the Arbitra- tion Board will thoroughly appreciate how much more severe and arduous it is than the work in any other department of the news- papers or the work of the average man in any other line of busi- ness. Under these severe conditions of employment the members of the pressmen's union are compelled, in order to meet the require- ments and conveniences of the newspapers, to make many sacrifices not incidental to overtime work in other departments. The demand of the Union as set out in Section 29 of its proposed form of new contract, providing the rate of pay for regular day men who are required to work on Saturday nights, should be decided in favor of the Union by the Arbitration Board. LUNCHEON PERIOD Provision for the luncheon period is contained in Section 30 of the Union's proposal and in Section 3 of the Publishers' pro- posal. The Union's proposal stipulates a luncheon period every five hours at the expense of the office except on six hour shifts. This means that the luncheon time shall be included in and be a part of the regular hours of work; also that there shall be no luncheon period unless the men work more than six continuous hours, which is the case at present on the night shifts of the morning papers. Section 3 of the Publishers' proposition provides that the lunch- eon period shall be allowed between the third and fifth hour after starting Work. In these proceedings, the Publishers have demanded that the luncheon period should be exclusive of the regular hours or work unless the men relieve one another for lunch while the presses are in operation. As already pointed out in the statement of the Union, such a process would take three hours and a half for the relief of a sextuple crew and five hours for the relief of an octuple crew. Under the provisions of Section 3 of the Publishers' proposal, which states that men cannot be sent out prior to the third hour after starting work, some of the men on an octuple crew would not be permitted to go to their luncheon until eight hours 666 after starting work. In the case of a sextuple crew it would mean that the last man would be relieved after six and a half hours of work. Obviously this is too long a time and shows that the Pub- lishers' proposition is not only impracticable but would further in- crease the already dangerous hazards to the health and physical well-being of the pressmen. In carrying out this proposed reliev- ing process, it must necessarily leave the press crew shorthanded, increasing the burden of amount of work and the consequent like- lihood of injury to the men. Under the peculiar conditions of work in the newspaper press- rooms, there is only one practical way in which to arrange the lunch hour period and that is in accordance with the present prac- tice, either by the employment of relief crews or by completely suspending work in the pressroom at a given time during the day, not any sooner or any later than is reasonable. There can be no just comparison made between the pressroom and the other departments of the newspapers in connection with the regulation of the lunch period. It is observed in the existing contracts between the Publishers and the other Unions that in most cases the lunch period is included in the regular hours of work, with the exception of the Photo Engravers which, however, stipu- lates that the lunch period must be g;iven between 12:30 and 1:15 P. M. for the day shift, between 10 P. M. and 10:45 P. M. for the night shift, and between 3 A. M. and 3 :45 A. M. for the third shift, in each case allowing only fifteen minutes leeway, and there- fore necessitating entire suspension of operation in the Photo En- graving room no matter whether there is any work demanding im- mediate attention or not. The present lunch period regulation, which the Union desires to have continued in the new contract, is a mutually fair proposi- tion. The time is included in the regular hours of work and, there- fore, is 'taken at the expense of the office as the contract states. The office, however, is compensated for this by getting many more advantages than accrue to the members of the Union. It makes it possible for them to operate continuously without interruption, which in many cases results in great inconvenience to the employes. Not only do the Union and its members accommodate them- selves to the normal requirements of the Publishers with respect to 667 the luncheon period, but they also cheerfully discommode them- selves whenever the exigencies of the business can be overcome only by such sacrifices on their part. By this it is meant that the press- men are willing and often do work right through the lunch period in order to get the editions of the newspapers out on time. An instance of this kind happened only Saturday, January 28th, in the office of ■ the New York Evening Journal. The Union was re- quested to use its influence with the men employed in that pressroom to forego their lunch period and work right through until 4 o'clock in the afternoon from 7 o'clock in the morning. In proof of this we submit the written request of the Superintendent of the press- room to that effect, addressed to the President of the Union, marked Rebuttal Exhibit No. 12. This request was complied with and the President of the Union was successful in getting the Journal em- ployes to make the sacrifice. Section 31 of the Union's proposal obligates the Publisher to give the Union two weeks' notice whenever press crews are to be laid off. This section has always been mutually acceptable to both parties and has been inserted in contracts year after year without any objection from the other side. The Union finds nothing in the Publishers' presentation raising objection to its continuance and, therefore, assumes that it is agreeable to the Publishers' Associa- tion. The purpose of this section is to afford an opportunity to the men who are affected by any decrease in the force, to seek em- ployment elsewhere and, if possible, avoid enforced idleness and consequent loss of their wages. Provision is made in Section 7 of the Publishers' proposal requiring all employes of the pressroom to perform any work that the Publisher may direct. The Union does not, nor never has ob- jected to performing any work pertaining to the operation, main- tenance and cleaning of the presses in accordance with the terms of the contract. We deny the allegation of the Publishers that press- men have refuesd at any time to properly clean the presses, in connection with which they have produced no evidence to prove their accusation. As far as the "upkeep" of the presses is con- cerned, the Union does not know . exactly what is meant by the Publishers. If it means that the Publisher desires the pressmen to make repairs in the case of breakdowns or the installing of new parts on the presses, we remind the Arbitration Board that such work 668 would take us out of our rightful jurisdiction and place this Union in the position of allowing^ the Publishers' Association to compel it to violate an agreement with the Machinists' Union. In this agree- ment, which is made between the International Association of Machinists and the International Printing Press and Assistants' Union, it is stipulated that both sides recognize and concede to the other the right of the pressmen to do all work in connection with the preparation and operation of the presses and to the Machinists the right of all erecting, installing and repairing of the presses. The only case in which this does not apply is in the case of an emergency, such as a breakdown, when the pressmen remove broken parts and start the work on repairs until the services of machinists can be secured. Provision for this is made in the agreement between the two organizations. In the same Section 7, the Publishers demand that the press- men shall perform all work of paper handling within the building that the Publisher may direct. We wish to point out for the infor- mation of the Arbitration Board that there is an organization of paper handlers known as the Paper Handlers' Union No. 1. The members of that organization are at present in the employ of the New York newspapers and engaged in the handling of paper. This organization has for a number of years been under contract with the newspaper Publishers in which their jurisdiction over paper handling work has been recognized, and under which they are still employed to do this work. If the Arbitration Board were to concede this demand and so decide, it would place the Pressmen's Union in the position of being forced to allow itself to be used by the Publishers' Association to put the Paper Handlers' Union out of business and deprive its mem- bers of employment. The Paper Handlers' Union is a responsible organization, meeting its obligations peaceably and referring to a Court of Arbitration any difference regarding the employment of their members whenever such difference cannot be amicably ad- justed. The Publishers' proposal contains a new section, designated 15, dealing with the running of presses by mechanics or repair men. The Union does not, nor never has objected to mechanics making repairs on presses either doing or testing out their work. If, however, this means that repair mechanics are to prepare and make ready the 669 presses for the production of newspapers, we seriously object to any such practice. As previously stated, the work of preparing and adjusting the presses is the work of the pressmen. Not only is this the existing agreement between the Pressmen's Union and the Machinists' Union but it has always heretofore been acknowledged by the Pub- lishers. The Pressmen's Union submits that this Arbitration Board should not be asked to make any decision that would nullify the terms of the existing agreement between the two associations men- tioned. In fact, if it is the purpose of the Publishers' Association, under Section 15 of their proposal, to require repair mechanics to do the work of printing pressmen, such work would not be performed by members of the Machinists' Union who are without exception always engaged for the repair of newspaper presses; and, there- fore, such provision in this contract would be useless and unenforce- able. The Union is in thorough accord with Section 16 of the Pub- lishers' proposed contract. The Union raises no objection to Section 17 being included in the contract as long as it refers to the provisions of a contract as formulated by the Arbitration Board and not to the provisions of the contract as proposed by the Publishers' Association. However, the Union does not regard any mention of the Constitution By-laws, or other rules or regulations of either party as being necessary in the contract itself, or the right of either party to amend its own Consti- tution and By-laws. JUNIOR PRESSMEN The conditions of employment of the Junior Pressmen are pro- vided for in the last three sections of the Uuion's proposal, under the heading "Scale for Juniors." Section 1 of that heading, in which the contract scale for the Junior Pressmen should be stipu- lated, was left blank, to be filled in by the Arbitration Board in ac- cordance with its decision on that point. The demand of the Union on the point of the wage scale of the Junior .Pressmen is covered in Section 27 of the Union's proposal which asks that all members 670 of the Union receive an increase of $10.00 per week over the pres- ent scale. Section 2 of the Union's proposal, dealing with the employment conditions of Junior Pressmen, merely provides that the same gen- eral rules which govern the employment of journeymen shall apply in their case. Section 3 of the Junior Section of the contract, as contained in the Union's proposal, merely gives assurance to the Publisher that the Union is agreeable to the proposition of the men whenever the Union is unable to supply their demand for beginners on this par- ticular kind of work. In all such cases, however, new men have al- ways made application to, and if found to have the requisite qualifications and prove satisfactory to the foreman, have always been accepted into membership by the Union. The Junior Pressmen are referred to in the last paragraph of Section 14 of the Publishers' proposed form of contract, designated therein as "Fly Boys and Carrier Boys." The Publishers ask that they shall be classified in the contract as unskilled labor and that the contract shall stipulate they need not be members of the Union. The minimum wage for Junior Pressmen was left blank in the Pub- lishers' proposal, but it is noted in their separate paper dealing with the apprenticeship question that they provide for therein a minimum scale for Juniors. At this point the Union will deal only with the Junior Pressmen in general and will refer to the apprenticeship question later on. With regard to the Publishers' demand that the contract stipu- late Junior Pressmen as unskilled laibor and not necessarily to be members of the Union, the Union holds that it is not necessary to make any mention in the contract as to whether the work performed by these men is skilled or unskilled. The fact of the matter is, some of their work is skilled and some of it requires considerable skill. These men have to know what is going on about the press. They handle all of the finished papers produced and pick out the spoiled sheets. In order to do this, they must know when anything goes wrong with the press and the effect that such mishap would have on the printed sheets, so that they can tell just where to find spoiled sheets and discard them, preventing spoiled work from being sent out with the good papers. When the paper web is "spliced," which 671 is necessary every time a new roll of paper is put into the press, all of the papers spoiled in this operation, have to be picked out and laid aside. The Junior Pressmen working on the "Fly," in addition to taking the papers from the "Fly" and stacking them up in bundles with each alternate fifty in reverse position, have to keep constant watch on the "former" and the folder. The "former" is the long pointed appliance in front of the presses over which the sheets run down into the folders. If a sheet happens to break while travel- ing over this "former," the Junior Pressmen must be ever ready to catch it and pull it out from the preqs so as to avoid a "choke" and possible breakdown of the folder. This not only requires skill and dexterity, but is dangerous work, likely at any time to be the cause of, and in fact on many occasions has caused, serious injuries. The folder sheets after being severed by the cutting cylinder into separate papers are likely at any time to get jammed under the blades of the folding cylinder. The Junior Pressmen must also keep a watch for this and, whenever it happens, immediately signal the brakeman to shut down the press. Failure to do this promptly will also cause a breakdown of machinery. The work of the Carriers consists mainly while the press is in operation of carrying the papers from the press to the Delivery and Mailing Rooms or to the paper elevators which either descend or ascend into the Delivery Rooms. However no Junior Pressmen are kept constantly at this work of carrying the papers. On account of the arduous nature of this work and also because of the great strain upon the Junior Pressmen attending the "Fly," picking the papers up in bundles of fifty, which means at the present high rate of speed that the Junior Pressmen on the "Fly" must stoop over and lift up these bundles of fifty papers at the rate of twelve times a minute, the Junior Pressmen on each press alternate in the work of flying and carrying. Between the editions Junior Pressmen have to carry the plates to presses and place them in their proper position for the particular cylinders upon which such plates are to be placed according to the folios or pages. In order to do this correctly, the Junior Pressmen must know what particular cylinder each page plate is placed upon, and this varies considerably, according to the total number of pages comprising the paper. It is noted in the Publishers' proposition that Junior Pressmen 672 aie referred to as "Fly Boys and Carrier Boys." The purpose of this designation is to make it appear that Junior Pressemen are mere boys. The fact is that none of them are boys, because the employ- ment of boys for this character of work would violate the provisions of the Child Labor Law and expose juveniles to the risk of such hazards as only the mental faculties of an adult can properly guard against. If the Arbitration Board observes the class of men that are engaged to do this work and who compose the Junior membership of the Pressmen's Union, they will readily perceive that the fore- going in correct and that the appellation of the "Fly Boys and Car- rier Boys" as used by the Publishers is a misnomer. The work of Junior Pressmen requires that they should be men- tally alert as well physically strong. This combination of mental , and physical qualification, taken together with the nature of the work of Junior Pressmen, certainly entitled them to organize for the same reasons that all other worker^ are organized ; namely, fair and rea- sonable conditions of employment. It is noted in the Publishers' apprenticeship proposal that they provide a wage scale of $3.83 for Junior Pressmen for day work arid $4.33 for a night of eight hours. On the third page of the Pub- lishers' apprenticeship proposal, it is stated in the first paragraph that Junior Pressmen now receive $30.00 per week. This statement is considerably at variance with the facts. The present scale for Junior Pressmen for the first year of their employment is $4.00 per day or night, and for the second year of their employment $4.50 per day or night, w;ith the exception of Saturday night when they receive fifty cents extra. The Union is perfectly willing that the scale for first and sec- ond year Junior Pressmen shall be continued in the new contract scale in the same proportion as it is now to the present full scale for Juniors of $5.00 per day or night. The present scale for juniors will be found in the printed copy of the old contract — Rebuttal ex- hibit No. 15. THE AVERAGE WEIGHT OF MATERIALS LIFTED AND CARRIED BY JUNIOR PRESSMEN The average number of pages printed on newspaper presses in 673 New York City today is twenty-four. The average run per press is sixty thousand papers. The average number of plates usgd on the various- editions throughout the day is one hundred. Every three, twenty-four page papers weigh approximately a fraction over a pound. The average weight of the plates is about sixty pounds. This makes approximately an average of ten ton of paper and three ton of mail handled for each press every day. The average number of Junior Pressmen to a press is from two to three, more than two be- ing employed whenever necessary in cases where they have to carry papers and plates long distances. The foregoing amount and weight of the materials handled by Junior Pressmen is given merely for the purpose of giving the Arbi- tration Board a fair conception of the arduous nature of a Junior Pressman's work. As far as the question of skill required in the performance of the Junior Pressmen's work and the physical strain is concerned, and as to what would be and is a recognized fair wage for this class of work, we refer the Arbitration Board to the work performed by the men employed in the Mailing and Delivery Departments of the news- papers who are members of the Mailers' Union and of the Mail De- liveries' Union. The work which the members of the foregoing Unions do in their respective departments consists largely of carrying and bundling the papers after they are sent from the pressroom. In their visit to the newspaper plants, the Arbitration Board will have an opportunity to observe this work and compare it with the work of the Junior Pressmen. They will readily see that all of the foregoing is absolutely correct. The wage scales of the Paper Car- riers in the Mailing and Delivery Departments of the newspapers will be found in the existing contracts of those Unions — Rebuttal Ex- hibit No. 16. In the case of the Mailers, who are designated as elevator men, the scale is $6.60 per night, $8.00 for Saturday night and $6.50 per day. The present scale of carriers, members of the Mail Deliveries' Union, is $6.00 per day, $6.40 per night and $7.00 for Saturday night. If the Junior Pressmen were granted the full increase asked for by the Union, the scale would then be $5.66 per day or night for first year Juniors, $6.16 per day or night for second year Juniors, and $6.66 per day or night for all Juniors employed more than two years. 674 APPRENTICES In Section 14 of the Union's propiisal, the Publishers demand that one apprentice shall be allowed to each press crew, that such apprentice shall perform such work as may be designated by the Publisher, including temporary assignment to the position of Jour- neyman Pressman, but not to receive the Journeyman's wages unless continuously employed in that capacity. While there is no provision in the Union's proposed form of new contract designating the employment of apprentices and specifying the particular work that they shall do, nor was there any such pro- vision in the present or former contracts between the Pubhshers' Association and the Union, the Junior Pressmen whose continuous employment exceeds two years, have all been regarded as apprentices. These third, fourth and fifth year Juniors are allowed every oppor- tunity to learn and to assist in all of the work about the presses. They are advanced to Journeymen membership in the Union in such num- bers and as often as the normal requirements of the Publishers for Journeymen Pressmen demand. This method not only furnishes the best source of supply for competent and skilled journeymen to meet the requirements of the Publishers, guaranteeing at all times a sufficient number of competent and skilled men; but, as it has worked out in the past few years, has supplied a greater ntmiber of Journeymen than the Publishers' apprenticeship proposition would provide. On page 2 of the Publishers' apprenticeship proposal, it is stated that their plan of having one apprentice on each press would supply twenty Joufneymen Pressmen each year. Under the present arrangement for the last four years, from 1918 to 1921 inclusive, two hundred and sixty-one Junior Pressmen have been advanced to the status of Journeymen members in the Union and are working in that capacity today. This is at the rate of more than sixty-five per year, or forty-five in excess of the number which the Publishers say will be furnished yearly under their plan. For verification of these figures, the books of the Union will be available for inspection by the Arbitration Board if desired. Referring further to the Publishers' statement on Page 2 of their apprenticeship proposition, it is noted they state there are one thousand pressmen and men in charge of presses and six hun- 675 dred Junior Pressmen composing the Union. This statement is incorrect ; and while its inaccuracy is not regarded as important by the Union, we desire to give the correct figures which are approxi- mately one thousand three hundred and fifty Journeymen and four hundred Junior members. If it is considered necessary, verification of these figures can be had from the records of the Union. This would somewhat modify the statement in the Publishers' apprentice- ship proposition at the bottom of Page 1 and the top of Page 2, to the effect that more Junior Pressmen are now employed than could possibly be given an opportunity to learn the trade by working as apprentices. In addition to the designation of the Junior Pressmen and their membership in the Union in that capacity, the Union also designates a certain number not exceeding four in each office as registered ap- prentices. The Junior Pressmen so registered are given preference in advancement to Journeymen membership and also any temporary advancement to Journeymen's positions whenever the offices are short of Journeymen. The Publishers' proposal to have one apprentice for each press crew would permit as many as ten to fifteen apprentices in the larger offices. This would greatly exceed the present allotment and would be in violation of the apprenticeship laws of the Pressmen's Union No. 25, which limits the number of registered apprentices to four for any one office. The ratio of registered apprentices is restricted in all of the mechanical departments of the newspapers. In the com- posing room, where a larger force is employed than in any other de- partment, the maximum number of apprentices allowed is six. This provision will be found on Page 19 of the present agreement. Re- buttal Exhibit No. 11. The real purpose of the Publishers' proposal of having one reg- istered apprentice attached to each press crew is that they desire to use such apprentice to displace a Journeyman on each press. It will be noted in this connection that their proposal stipulates the ap- prentice shall do such work as directed by the Publisher and that he shall receive a Journeyman's pay only in the event that he works continuously in the position of a Journeyman. This would deprive the registered apprentices and the Junior Pressmen longest employed, who are now used whenever extra men are required in the press- rooms, of receiving the Journeymen's scale on such occasions. 676 There are no such provisions in any of the scales of the other Unions or in the agreements between those Unions and the Publishers' Association. The regulation governing employment of apprentices in the Composing Room allows such apprentice to give his full time to the work of a Journeyman only during the last year of his apprenticeship, and even then there is Journeymen's work that he is not permitted to do tmtil the last six months of his term ; and for the operation of linotype machines until the last three months of his term. This will be found on Page 20 and 21 of Rebuttal Ex- hibit No. 11. The Publishers demand that apprentices in the pressroom should have the first right of employment as pressmen whenever there is a vacancy ; that they shall also continue to fill the position of appren- tice while waiting for a vacancy. Neither of these provisions is allowed or practised in the Composing Room. On Page 22 of Rebut- tal Exhibit No. 11, Section 62, it is provided that apprentices on the completion of their terms shall be placed at the bottom of the priority list in the office in which they are working. At the bottom of Page 2 of the Publishers' apprenticeship propo- sition, it is stated that no other place in the country has such a classi- fication as Junior Pressmen in the pressrooms and that such classifi- cation is not included in the Pressmen's Union membership. The following instances are cited in which Junior Pressmen, or men em- ployed in other cities in that capacity, are members of the Pressmen's Union. If verification of this is considered necessary, the Union can furnish copies of contracts containing such provision. Louisville, Ky. Hudson County, N. J. Cincinnati, O . Baltimore, Md. Providence, R. I. Buffalo, N. Y. Newark, N. J. Seattle, Wash. Indianapolis, Ind. Milwaukee, Wis. Rochester, N. Y. Denver, Colo. Winnipeg, Canada In the foregoing connection, it is noted, on Page 185 of the proceedings, the Publishers state that the Union's theory of the pres- ent arrangement, affording opportunity for Junior Pressmen to learn the trade, has not been borne out in practice; that the situa- tion today is that "'boys'' employed at unskilled labor are made a 677 part of and have the voting power in an organization of skilled workers. The foregoing facts, as stated by the Union, to the effect that the aggregate number of Junior members in the Union is not more than four hundred and that for the past five years an average of 65 have been advanced to Journeymen membership, is ample refu- tation of the statement of the Publishers that the present arrange- ment does not afford opportunity to learn the trade. The Union considers that the voting privileges given to the members of the Union is none of the Publishers' business and is absolutely irrelevant and immaterial to any of the issues in this case. Regardless of any comparison that' might be made upon this point between the conditions existing in New York and other cities, the Union holds that the regulation of the conditions of employment of Junior Pressmen on the New York newspapers and as to whether or not such employes should be members of the Union, is not com- petent evidence upon which to determine this question. The issues involving the Junior Pressmen should be determined upon the conditions actually existing in the newspaper pressrooms of New York. We have describ,ed minutely the character of work per- formed by a Junior Pressman and the skill and qualifications that it is necessary for competent Junior Pressmen to have. We have compared the work of a Junior Pressman with the work of a similar character of the men in other Union Departments and the present wages paid for this work in the pressroom and in the other depart- ments. We hold that the Arbitration Board should be guided solely by the facts and decide on the facts as they exist in New York City and not upon conditions alleged to exist in other cities where working conditions in many cases are totally different from what we find them here. We submit that the present conditions of employment of Junior Pressmen in New York City, the possibilities in the avenues of their advancement to Journeymen's status, and their present relationship to the Union, is the only practical arrangement that is fair to them and equally fair and efficient for the needs of the employers. FOREMEN'S UNION (?) STATUS The Union does not believe that the Arbitration Board will take 678 seriously the demand of the Publishers' Association that the foremen of the Pressrooms should not be required to be a member of the Union. In support of this demand, at various stages of their argu- ment before the Arbitration Board, the Publishers have referred to and lauded what they term the more considerate or conciliatory at- titude of the other unions, apparently for the purpose of prejudicing the case of the pressmen in these proceedings. In this connection the Union desires to direct the attention of the Arbitration Board to Rebuttal Exhibits No. 11 and No. 16, in every one of which it will be found that the PubHshers' Association rec- ognize the necessity of the foreman of all other departments being members of the Union, and have so agreed and set out in the con- tracts with all of those unions. This question was one of the matters that the Union, during the preliminary negotiations with the Pub- lishers absolutely refused to submit to arbitration. As a matter of fact, none of the other unions with which the Publishers are at pres- ent under contract would permit this question to go to arbitration. If it is deemed necessary by the Arbitration Board, we will submit proof of this fact by furnishing affidavits from the officers of all other unions whose members are employed by the Publishers, as well as from the offices of the International Printing Trades Unions. However, this question came before the Arbitration Board in this case without the knowledge or consent of the Union. As a matter of fact, we were amazed that the Publishers' Association injected this question into these proceedings. As previously stated, they refused to draft an agreed statement of facts, setting forth the differences to be arbitrated, and the Union agreed finally to their blanket propo- sition in order that we might avoid further delay and possible dis- ruption and chaos in the industry. In connection with the Publishers' -charge that the Union has failed of its responsibilities in supplying pressmen to meet their re- quirements and in justification for their demand that they should have the right to engage non-union men whenever their extraordinary demands became impossible, the Publishers attempt to illustrate what they term "vacationists and premiumists." In mentioning these things, it is fair to assume that the Publishers', intention was to charge the Pressmen's Union with responsibility for perpetrating such conditions. As a matter of fact, no such conditions have ever existed in the pressrooms of the newspapers of New York City. 679 t The Publishers have offered no proof that members of the Pressmen's Union No. 25 have alasented themselves from their po- sitions without the consent of their employer. In every case where a pressman secures leave of absence it is done only with the consent of the foreman of the pressroom ; and we defy the Publishers' Asso- ciation to prove anything to the contrary. Moreover, the foreman, having the full right to hire and discharge under the contract, can dismiss any man absenting himself from work without leave, and supplant him by advancing one of the substitutes to the regular po- sition. With regard to the premiumists, the Union desires to state that no such condition as this has ever existed in the newspaper press- rooms. There never have been any members df the Pressmen's Union who have demanded or been paid anything over the prevail- ing rate of wages as provided for in the contracts. NON-UNION MEN The Publishers, lay a great deal of stress upon their demands to have the right to employ "non-union" men in any case where the union fails to supply competent, skilled mechanics upon demand to meet their requirements. On Page 40 of the Publishers' prima facie brief, referring to this demand, they stipulate "non-union men." They make no men- tion whatever of getting union men from other localities who, at the particular time, may not be affiliated with the New York local union and, therein is revealed their real purpose, which, as the Union has previously pointed out, is, evidently, intended to bring about a non-union or open shop condition in the pressrooms. The Union asks that the PubHshers' demands on this point should not be given serious consideration by the Arbitration Board. Their inconsistency in proposing a union closed shop contract with this Union and at the same time demanding the right to create open shop conditions under it, is, in our opinion, sufficient for the Arbitration Board to dismiss such a demand without serious consideration. It is also interesting to note on the same page 40 of the Pub- lishers' brief, that they insist upon the right to go outside and "cpn- tract with others" (not members of the Union) "on any terms." This indicates very clearly, also, that it is the purpose of the Pub- 680 Ushers to secure men at a wage scale lower than that which will be provided for in the contract. The Publishers' statement shows that they are very soHcitous of some non-Union men (unknown at present) ; that they are very much concerned with the protection of these mythical persons, osten- sibly in the interest of the individual, but to the Union apparently as a disorganizing agency against it. UNION REFRAINED FROM PRESSING DEMAND FOR INCREASED SCALE. That the Union has always been considerate of the prosperity of the newspapers and has, as a general rule, asked them for increased wages only when it was apparent that the newspaper busi- ness was prosperous and could afford to grant such increase in wages, we direct the attention of the Arbitration Board to the fact that in the year 1916, after demands were presented to the Publish- ers' Association, followed by a protracted series of conferences, the Union withdrew this demand and consented to continue indefi- nitely at the old scale of wages in effect at that time. The reason, for this action on the part of the Union was that the publishers presented facts to show that their increased operating expenses, caused mainly by the increased cost of news print paper and the fact that they were not able to increase their advertising rates to any extent or the sale price of the newspaper, had cut down their earnings to such an extent that they could not grant any increase in wages at that time. Although this demand on the part of the Union was entirely justified because of the great and rapid rise in the cost of living, which fact was conceded by the publishers, we took into considera- tion the adverse condition affecting the industry and not only with- drew our demands but continued to work under the old scale of wages as well as under all other existing conditions for one year. PAPER SAVING Referring to the Publishers' denial of any great financial sav- ing on account of the reduction in the price of news print paper and other materials, the Union made further inquiries with regard to 681 this matter from an employer source, where they could secure the correct information. As a result of this inquiry, we find that the statements made by the Union in its prima facie argument are in a general way well borne out by the reply to this inquiry. We sub- mit in evidence marked Rebuttal Exhibit No. 17, a letter received from the Jewish Daily Forward under date of January 24th, 1922. This letter shows that not only has there been a great reduction in the price of print paper, but in almost every other material that newspapers purchase on a large scale; that the sale price of the Jewish Daily Forward has been reduced from 3 cents to 2 cents and that in spite of this and the loss of considerable advertising, the Jewish Daily Forward continues to operate with a profit.^ It must also be taken into consideration that the advertising rates of this newspaper are very much lower than the New York English newspapers, this despite the fact that some of the wage scales of the Jewish newspapers are considerably higher than the English newspapers, as well as the hours of work being less. The main reason for submitting this letter in evidence is to further substantiate the statement made by the Union with regard to savings effected by all newspapers on account of the great reduc- tion in the price of news print paper and other materials. WAR TIME RESTRICTIONS? In referring to what they term "restrictive practices of trade Unions," the Publishers state on page 15 of their prima facie brief that the forced draft of industry during the war was responsible for many such practices in trade Unions; that necessity for high speed production afiforded opportunity for imposition and that post- war business depression demands relief as a preliminary to busi- ness readjustment. It has already been pointed out by the Union that all of the present conditions of employment of its members by the newspapers have continued without change for more than twenty-five years. Their foregoing statement, therefore, cannot be applied to the pressmen's situation or considered to be relevant to the issues in this case. In connection with all of this talk about "post-war readjust- ments" and the necessity of getting back to "normalcy," the Press- 682 men's Union observes that the Publishers, like many others enjoy- ing a position of vantage, demand that everybody else except them- selves should readjust their business and that they should assume none of the burdens of such readjustment as might equitably be applied to their own business. The spirit of the times seems to be that employers are trying to hold on to what they have and to con- vince the wage workers that they should tote the whole load. We have heard nothing in this case of anj intentions on the , part of the newspaper Publishers to reduce the price of newspapers or the price of advertising rates so that the general public might , secure some relief from the conditions that the newspapers were able to exact during the war period to which they refer. On the other hand, the newspapers are prone to point out this duty to almost every other line of business, as the two editorials appearing in recent issues of the Evening Journal and Evening World, which are submitted and marked Rebuttal Exhibit No. 18 will show. COMPARISONS OF CONDITIONS IN OTHER CITIES The Publishers have quoted Mr. G. L. Berry, President of the International Printing Pressmen and Assistants' Union, in the state- ment that he made before the meeting of the newspaper owners in New York City on February 22, 1921. It is only fair then that the Union also quotes from Mr. Berry's statement as it relates to condi- tions existing in New York papers that are not in evidence in the majority of newspapers m other cities of the country. In that con- nection Mr. Berry states the following: "The publication of a newspaper from the mechanical point of view is quite different here than it is in the smaller cities. You have a great problem to meet here. You have to get your papers out quickly, and most of you have a great number of editions so that conditions apply here that are not generally in use elsewhere which requires more physical and more mental exertion on the part of your employes." Incidentally, inasmuch as the Publishers have quoted at some length from Mr. Berry's statement, we submit the entire statement for the perusal of the Arbitration Board, marked Rebuttal Exhibit No. 19, and commended it to their careful attention. A perusal of 683 this statement will reveal that the Publishers are not "supported therein as they intimate by quoting certain passages from Mr. Berry's statement; and on the contrary, it will be found that Mr. Berry strongly championed the position of the local Union and rec- ommended that no changes, other than an increase in wages, be made in the existing conditions of employment. LAWS OF THE INTERNATIONAL UNION NOT ARBITRABLE In explanation of the position'^taken by the Union that certain laws of the International Printing Pressmen's and Assistants' Union dealing with employment conditions were not arbitrable questions, it was stated in the prima facie brief of the Union that the Pub- lishers' Association were committed to the acceptance of those laws and to the principle that such laws were not subject to arbitration. In support of the foregoing, the Union cites for the informa- tion of the Arbitration Board, acknowledgement to this effect by Mr. Victor Polachek of the New York American, representing the Publishers' Association in an arbitration before the late John Mit- chell, between the Publishers' Association and the New York Typo- graphical Union. Mr. Polachek had the following to say upon that question : "There is always this incentive, although we are debarred from paying on a bonus system as we wanted to, although it can- not be established anew in any jurisdiction — but we, have this recourse and this way of rewarding men who do good work, and we exerciseiit constantly, as Mr. Rouse has stated to you, when he said that 109 men in our office receive over the scale; that simply means that we measure 'the value of their services above the minimum provided in the scale, and we pay them accordingly. There is no limit as to how much we shall pay a man. There is only a limit as to how little we shall pay a man. If a man estab- lishes that he can set 7,000 or 10,000, I assure you that that man would be rewarded accordingly ; but we cannot establish the bonds system." To further show that the Publishers' Association have been committed to this policy, we quote from the arbitration proceedings between the Union and the Publishers' Association heard before the 684 Rev. Dr. Charles Stelzle, acting as arbiter in April, 1919. In the supplementary rebuttal statement of the Publishers in that case, they suggested that the Arbitration Board take into consideration in rendering their decision that the new contract contain an arbitra- tion clause that should specifically state that the laws of the Inter- national Printing Pressmen's and Assistants' Union are not subject to arbitration. A copy of the printed proceedings of that case is offered in evidence, marked '.'Rebuttal Exhibit 20." The statement referred to will be found on page 35 of the Exhibit. Incidentally, it is significant also to note in the statement referred to that the Publishers' Association in that case "ask the Arbitration Board to stipulate, in the event of any difference aris- ing between the parties to the contract, that the conditions in effect when such difference arises shall be maintained." In these proceed- ings, as their pi'oposed new form of contract will show, in section 14, they are asking this Arbitration Board to rule that they shall have the right to change any conditions, and that any conditions as changed by them shall be continued in effect until the difference is settled in the matter prescribed by the contract. This is characteristic of their attitude regarding the entire relationship between themselves and the Union. They are attempt- ing to disregard all precedents and to place themselves in a posi- tion of arbitrarily doing whatever their fancy or whim dictates, and on the other hand placing the Union in a position of being compelled to meekly submit without even an opportunity to be heard until after the Publisher has changed the existing conditions to suit his own purposes. The fact of the matter is that they are demanding in this case conditions that do not exist in any of the other mechanical depart- ments of the newspapers or in the relationship between themselves and the unions whose members are employed in those departments. It is a fact that in all of the conciliatory relationships between asso- ciations and employers or individual employers and organized work- ers that when any difference arises under an existing contract, or in the making up of a new contract, that all conditions prevailing prior to the initiation of the dispute are continued until such time as either an amicable settlement is arrived at or an arbitration deci- sion is handed down. 685 We submit in evidence, Rebuttal Exhibit 20-A, printed copy of the existing arbitration agreement between the American Newspaper Publishers' Association and the International Printing Pressmen's and Assistants' Union, and refer the Arbitration Board to Section 4-B on page 4, which prescribes that conditions prevailing at the" time differences arise shall be preserved unchanged until final deci- sion of the matter at issue shall be reached; also to Section 9 on page 5, which refers to the recognition and acceptance of Interna- tional laws in effect prior to July 30, 1919. That maintenance of the status quo whenever differences arise between the parties to the contract has also been the accepted policy of the Publishers' Association of New York City is brotight out by the form of local arbitration agreement in effect for a number of years between the parties of these proceedings. A copy of that arbitration agreement is submitted marked: "Rebuttal Exhibit No. 20-B." This copy of the former arbitration agreement between the parties to this case was in effect from September, 1914, to Septem- ber, 1918, on account of the last time of renewal being the first day of September, 1917. On page 3 will be found the provision which preserves the status quo in the case of any difference arising. IRREGULAR EMPLOYMENT Employment in the newspaper pressrooms is always more or less irregular. This is due to the uncertainty of the business occa- sioned by the great disparity in the size of the newspapers upon different days in the week, at different seasons of the year and infre- quently during long periods of business prosperity and business depression. For the past two years the newspaper industry in New York City has enjoyed an unprecedented period of prosperity. During this time irregularity of employment has affected less members than in preceding years. Such irregularity during this period has been due only to the disparity in the number of pages of the newspapers on the different days in the same week. Prior to the foregoing period irregularity of employment was then the rule rather than the exception. Barring the men who were assigned to regular situations, all other pressroom employes received only part time employment. 686 In the early part of 1920 the Union gave considerable atten- tion to this condition, and obtained some of the pressroom employ- ment records. About that time this condition was also being con- sidered jointly by the Union and the Publishers' Association with a view of devising some plan whereby relief could be had. No solution of the problem was reached. We have one of the press- room employment records procured at that time, and we are sub- mitting it in evidence marked Rebuttal Exhibit 21. In this record, which was typical of most of the pressrooms, and prevails generally throughout the summer months, it will be observed that very few of the men were continuously employed. This record shows the number of days each man in the shop worked for eight weeks from January 6th to February 24th, inclusive. The average nvunber of days worked for that period was three and two-third days per week. We submit also in evidence marked Rebuttal Exhibit 22, copy of letter received from the Publishers' Association, which deals with this same subject, and attached thereto a record of pressroom em- ployment compiled by the Publishers' Association, in which the num- ber of regular and substitute positions in each office is given. It will be noted that the total number of suj)stitutes were more than fifty per cent of the regular employes. This letter shows that the con- dition of irr^fular employment is a serious one. As previously stated, the last two years has been a very busy period, during which time the members of the Union have been comparatively well employed. In fact many of them complained of the long hours they were required to working during the extra- busy season prior to the last Christmas holidays. We should say that the employment condition now is better than the average, but we do not know when things may change and when the old condi- tion of irregular employment may return. PRESSROOM CASUALTIES Supplementing the photographs of injuries received by some of the members of the Pressmen's Union, a complete list of the names and a description of the injury in each individual case is herewith submitted, marked Rebuttal Exhibit No. 23. This list was taken from the information gathered for and used in the arbitration pro- ceedings between the parties in this case in 1918, referred to in the proceedings of that case as Rebuttal Exhibit No. 20 on page 4. 687 To the original list there have been added all other injuries which the Union was able to secure a record of. We have a copy of the list as submitted to the Arbitration Board in 1918, as well as ques- tionnaires from which the additional information was secured, on file in the office of the Union. These can be submitted for verifica- tion if the Arbitration Board desires. SICKNESS DISABILITY The disability of newspaper pressmen through sickness is with- out doubt much greater than any of the employes in the Other departments of the newspapers. We are unable to furnish complete records of the sickness disability of the members of Web Press- men's Union No. 25 because this organization does not maintain a sick beneficiary project. We were, however, able to gather some records which will show the degree of sickness disability among the members of our Union, especially as compared to employes in the other departments of the newspapers. Tljese records were furnished by the Sick Relief Associations maintained by the individual employes in the departments of several of the newspapers, which are submitted in evidence, marked Rebuttal Exhibit No. 24. The first is a report from the New York Evening Mail Sick Relief Association, which shows the number of members in the Composing Room, Pressroom and Paper Room for the three last six month periods, ending January 14, 1922. In the first of these periods, the report shows a membership at the end of the term of eighty-one— thirty-five of those were pressroom employes. Out of a total of $328.33 . paid in sick benefits, $268.33 was paid to the pressmen. It was four and a half times as much as the total amount of benefits paid to all other members of the association, while the pressroom members were only 43% of the total membership of the Association. The report for the two succeeding terms will show practically the same ratio of sickness of the pressroom em- ployes as compared to the employes in the other departments. This represents approximately one and one-half weeks for which each man in the pressroom drew sick benefits during the period of a year. The second report is from the Composing Relief Society of 688 the New York World, which shows that there are a total of three hundred and eighty-five members in this Association, twenty-seven of whom are pressmen. The total amount of benefits paid by, this Association during the year was $5,000.00. $1,038.00 of this amount was paid to the twenty-seven pressroom members. The pressroom members received 21% of the total amount of benefits paid and represented only 7% of the entire membership. This shows an average of three and four-fifths weeks' sickness for each pressroom member of that Association. The third report is from the Morning and Evening World Relief Association. The total membership of this Association is two hun- •dred and thirty-two, one hundred and ninety-seven of whom are employed in the pressroom. The total benefits paid by this Associa- tion for the year ending September 12, 1921, was $3,700.00. The amount paid to the pressroom members was $3,540.00. This shows an average of sickness disability for each pressroom member of one and four-fifths weeks as compared to the average of one-half week for each of the thirty-five members not employed in the pressroom. The 4th report is from the New York Evening Journal Protec- tive Association (pressroom). This report showed for the year 1918 that each member of this Association received sick benefits for an average of two and one-tenth weeks. For the year 1921 it shows that they received benefits for approximately one and one- half weeks. With regard to all of these reports, the Union desires to state that they only partly reflect the degree of sickness disability among the pressroom workers, as in each one of these Associations there IS a rule which provides that no sick benefits shall be paid unless the sick member has been absent from work by reason of sickness for more than two weeks, benefits being payable only with the beginning of the 3rd week of disability. It is needless to say that a great many pressroom workers are sick for a shorter period ; and that if a com- plete record were available, it would show a much greater degree of sickness disability than these records reveal. All of these Associa- tions also have a rule that limits the payment of sick benefits to not more than twenty-six weeks during the year, or thirteen weeks for each six-month period. Inasmuch as there are also numerous members whose disabiUty run beyond the maximum period for which they are entitled to bene- 689 fits, the full extent of the sickness disability of the pressmen as shown in these records would also be greatly increased if this were not the case. A fair estimate of the average sickness disability of the mem- bers of New York Web Pressmen's Union No. 25 is about three and a half weeks to the year. This is much higher than the rate of almost any other trade or occupation. On the third report, that of the Composing Room Relief Society, it will be noted that the "Rotund Benevolent Club" refuses pressmen and accepts all other departments. The Rotund Benevolent Club is another sick benefi- ciary society in the New York World. They refuse membership to the pressroom employes because of the great degree of sickness among them and the consequent bad risk that they are considered as prospective members in that Association. SUMMARY AND CONCLUSION One of the most significant things in connection with these proceedings and which the Union takes the liberty of pointing out in review to the Arbitration Board, is that the Publishers' Associa- tion have presented demands for drastic charges in the conditions Which have governed the employment of the members of the Press- men's Union for the past twenty-five years; that practically all of the changes that they demand would, if put into operation, greatly increase the present serious hazards of employment of the members of this Union, as well as having the . effect of emasculating the Pressmen's Union itself so as to render it impotent in any attempt it might make to protect and safeguard its members from the increased dangers to which the Publishers would subject its members. We note in several sections of the Publishers' presentation that they qualify all of their demands with assurances that they will ever be solicitous of the health and physical welfare of their press- room employes in the event that this Arbitration Board should grant what they ask. They do not conceal, however, that their one impelling motive is to increase earnings by means detrimental to the health of their employes. Their implied solicitude in the physical well-being of their employes is a matter of only secondary consideration, in which 690 reason of past experiences, has very little faith. The assurance given by the Publishers' Association to this Arbitration Board is that they will have "due consideration for the health and strength of the men." In considering the possibility of having to place the physical welfare of the members of the Pressmen's Union entirely in the Publishers' hands, the Union is constrained to ask the following pointed questions which reveals the lack of solicitude that the Pub- lishers' have had in the past for the physical well-being of their pressroom employes. Have they improved any of the physical con- ditions of pressrooms, so as to better protect the health and strength of thir employes such as -Placing cuspidors in the pressrooms? Giving clean towels to the Pressman? Preventing 1,400 pound rolls from suspending on brackets and having pressmen work underneath them when these brackets have broken on many occasions, seriously endangering the life of the workers ? . Have they kept the floors of the pressroom in proper repair, -from the obtruding iron plates which constitute the floor pave- ment, which after becoming displaced, as pointed out in Dr. Harris' report have been responsible for many accidents? Do they care about the health and welfare of the pressmen when they complain because the exercise of ordinary caution takes a little more time in the preparation of the presses, such as placing a paper web in the cylinder openings to avoid men having their hands crushed between the cylinders, which was one of the com- plaints enumerated by the Publishers in these proceedings? Have they improved the poor ventilation facilities and bad sanitary conditions generally prevailing in the newspaper press- rooms of New York City, as pointed out in Dr. Harris' report? Have they ever paid any attention to the complaints of the pressmen about the filthy rags furnished to clean the presses, the danger of contracting disease from which was pointed out by Dr. Harris? 691 Have they extended the platforms projecting from the frames of the presses, which now furnish inadequate space for the press- men to properly perform their work w;ith reasonable safety, so as to prevent recurrence of accidents by men falling off the plat- forms or by tbe heavy metal plates falling off and striking the men engaged in work underneath the platforms? Have they had due regard for the safety of the men when they have ordered the removal of guards from the presses, designed for the protection of the workers' limbs in order to gain a few moments' time in getting out the papers ? Do the Publishers ever go into the pressrooms to find out what the actual conditions are in order that they might intelligently safe- guard the health and strength of their employees? If they should in that way give a little personal attention to this very important part of their business, we are sure that they would not have presented such demands as have been referred to this Arbitration Board. We leaw our case in the hands of the Arbitrators, confident that we have proved all our contentions. We shall not spend more time reviewing in detail the case we have , presented, but we do wish to make perfectly clear once more what we consider the fundamental, underlying issues that are at stake. As to the wage question, the fundamental issue is what an adequate wage is for a pressman in New York City today, taking into consideration not only his common human right to a life of health, decency, security and comfort, but his particular right to enjoy the rewards of his specialized training and skill and to receive a premium for the risks he is daily forced to take. In this connec- tion it should be taken into consideration that the pressmen have , never received proper pay, and also that their wage increases since 1914 have not kept pace with the cost of living increase, so that they have been unable to maintain even their meager 1914 standard. Against this stand, the huge profits of the Owners, increasing from year to year, and reaching the peak in 1920— the year in which virtually every other industry in the United States suffered from a severe business depression. These profits the owners have not shared with their employees. As to the various questions which we have under the general 692 heading of Shop Practices, the fundamental issue is this : The health,, safety and happiness of the workers, versus additional profits for the owners. Pressroom labor cost is lower in New York than else- where, for it is not wages alone that determine labor costs, but wages related to production. This the Publishers either have lost sight of or have purposely disregarded in their comparisons between cities, both as to wages, hours and employment con- ditions. It has always been the boast of America that Ameri- can Labor is cheaper than labor abroad, on account of its higher efficiency and greater skill, which more than make up for the higher wage scales, shorter hours and better conditions prevailing here. Similarly, the higher efficiency of the New York pressman, the greater speed at which they work, the larger product which they handle, and the steadier effort they apply to their work, give the New York owners cheap labor costs in spite of comparatively high scales. No amount of money which this Board might give us could in any degree make up for the loss of any of our present rights concerning our conditions of employment. To lengthen or change our hours of labor, to reduce the number of men on the presses, to make any changes tending to speed up our efforts and increase their intensity would surely mean a larger annual casualty list for Newspaper Web Pressmen's Union No. 25, and no pecuniary award can adequately compensate a man for crushed bones, for the loss of hand or arm and the misery and suffering of his family, for a nervous breakdown or for any of the number of frightful diseases and accidents which the pressman is heir to. Even under the conditions which we now enjoy our occupation is a hazardous one; breaking down a single safeguard would make it the more precarious. It is the principle of trade unionism, and it is specifically incor- porated in the laws of the International Printing Pressmen and Assistants' Union of North America that certain shop conditions- shall not be subject to arbitration, the reason being that the life and health of a union member are too vital to sacrifice or be exploited solely for greater profits. Web Pressmen's Union No. 25 have consented to disregard the universally established custom in the industry and place their every interest in the hands of this Arbi- tration Board. They have done so for the sake of maintaining: 693 peace and keeping production uninterrupted. They are satisfied that in the impartial Chairman of this Arbitration Board they have an Arbitrator who will consider all questions in their broad social aspect, and not from a narrow pecuniary standpoint. The Pressmen's Union has been a staunch supporter of arbi- tration. F/om the standpoint of both expediency and morality they have long recognized its excellent merits, although not always satisfied with its results from the standpoint of economic and social justice. In a great measure arbitration, as an instrument of adjudicating labor disputes is on trial. Because of past experi- ences, Orga:nized Labor generally is more or less skeptical of its practicability from an equitable standpoint. The Pressmen's Union has an abiding faith in its usefulness, and a desire to perpetuate it and encourage its growth. The Pressmen's Union believes it has amply proven justifi- cation of its demands for an increase of Ten Dollars ($10) per week for all of its members. That its proposal for extra compensa- tion for work on all legal holidays is entirely fair and equitable ; that Section 16A of its proposed new form of contract which provides for the employment of an additional pressman when two half rolls are tised in place of one full roll as generally complied with at present, should be made a part of the new contract; that all substitutes receiving less than six days' or nights' work a week shall receive one dollar ($1)- per day or night over the regular scale, and one dollar for each day or night they appear but are not engaged for Work. On the other hand, we submit that the Publishers' Association have not proved that any of their demands are justified. The Union has presented numerous and conclusive reasons why their demands should not be allowed. We confidently expect that the contentions of the Union will be upheld in every respect by the Arbitration Board. The Union desires to express its sincere appreciation to the Arbitration Board for their untiring patience, deep interest and painstaking eflforts in connection with these proceedings, and especially to the Chairman, who has given up so much of his valu- able time to the hearing of this case. 694 ( ' DECISION IN THE MATTER OF THE ARBITRATION OF THE TERMS OF A CONTRACT TO BE MADE BETWEEN The Publishers' Association of New York City AND Ne\^ York Newspaper Web Pressmen's Union No. 25 BEFOKE JUDGE MARTIN T. MANTON AND LESTER L. JONES ALBERT B. KREITLER For the Publishers. For the Pressmen's Union. Dissenting 697 In the Matter of the Arbitration of the Terms of a Contract TO Be Made Between the Publishers' Association of New York City and New York Newspaper Web Pressmen's Union No. 25 The parties to this arbitration are the Publishers' Associa- tion of New York City, consisting of The World, The Evening World, The New York Times, New York American, New York Journal, The Sun, The New York Herald, The Evening Tele- gram, New York Tribune, The Globe, The Journal of Commerce, The Evening Mail, Daily News, New York Evening Post, The Morning Telegraph, Brooklyn Daily Eagle, Brooklyn Standard Union, The Brooklyn Citizen, New Yorker Staats-Zeitung, The New Yorker Herold, II Progresso Italo-Americano and Courrier des Etats-Unis; The Brooklyn Times, a daily newspaper pub- lished in the Borough of Brooklyn, City of New York (which is not a member of the Publishers' Association of New York City), and the New York Newspaper Web Pressmen's Union No. 25. The first parties are the employers of pressmen, and the second party is a labor union which furnishes men to the first parties. We shall hereafter refer to the parties as the "Pub- lishers" and the "Union." Heretofore the parties have contracted in writing, the last contract expiring February 28, 1921. The parties have been tmable to agree upon the terms for their contract from that date but, by mutual agreement, have been working under the terms of the last contract which expired. There are many points of difference between the Publishers and the Union, and they have submitted determination of these questions to this board of arbitrators, consisting of Martin T. Manton, Lester L. Jones, representing the Publishers, and Albert B. Kreitler, representing the Pressmen's Union. 699 The parties to the controversy have stipulated in writing to be bound by and obey the terms agreed upon by the Board of Arbitration, by the following stipulation : "It is hereby agreed and stipulated by and between the parties to this arbitration, namely. The Publishers' Association ■of New York City, comprising: — The World, The Evening World, The New York Times, New York American, New York Journal, The Sun, The New York Herald, The Evening Tele- gram, New York Tribune, The Globe, The Journal of Commerce, The Evening Mail, Daily News, New York Evening Post, The Morning Telegraph, Brooklyn Daily Eagle, Brooklyn Standard Union, The Brooklyn Citizen, New Yorker Staats-Zeitung, The JSTew Yorker Herold, II Progresso Italo-Americano and Courrier •des Etats-Unis, Brooklyn Times, and New Yprk Newspaper Web Printing Pressmen's Union No. 25, that the decision of the Board of Arbitration herein, comprising Martin T. Manton/ Lester L,. Jones, representing the Publishers, and Albert B. Kreitler, representing Union No. 25, shall be final ; and the parties Tiereby agree to abide by and carry out the terms, as arrived at by said Board of Arbitration. "Dated this first day of Eebruary, 1922." Before entering upon a discussion of the controverted ques- tions presented, the Arbitration Board felicitates the Publishers -and the Union upon the spirit which has been exemplified in the presentation of the questions involved and their considera- tion. Without rancor or feeling, the parties have submitted, •calmly and dispassionately, arguments supporting their views as to the terms of the proposed contract. They ask the Arbi- tration Board to draft the contract which they agree to sign, and by the terms of which they agree to be bound for a period beginning March 1, 1922, and ending September 1, 1923. Two things have been kept in mind, which should be the guiding spirit of the contract of employnjent. First, a clear understanding of the obligations of the employer toward the employee, and the employee to the employer. Second, the essen- tial of bringing pleasure and profit to the employer and employee. A clear statement defining an employer and employee is useful. An "employer" is one who uses or engages the services 700 of another for pay. The employer is deemed to have superior choice, control and direction of an- employee and the employee represents his will, not merely in the ultimate result of the work, but in the details. The "employee" is one who engages in the performance of the proper duties assigned to him by his em- ployer and contracts to do so for pay. He labors for the pleasure or interest of another. His duties should be defined and directed by his employef. The purpose and thought should be to increase the quantity and quality of work and add pro- ductivity inuring to the general wealth of mankind. To state this purpose necessarily means to encourage improved methods, the use of new machinery and contrivances, to bring to the work the best effort and to give contentment to the workers. Arbitrary and useless rules as to working conditions which result in a waste of time and loss of productivity should be eliminated. Whether the contract between the employer and employee is oral or in writing, these all important terms are implied or stated. The custom of the industry and the practice of human principles therein are implied. The employer promises the •employee value in money for the value in services performed. He also promises care and caution according to reasonable and humane principles for the safety and health of his employee. The employee promises value in services for the wages received; his best endeavors to active productivity in the industry and care and caution for his own protection and the protection of his iellow employees as well as the employer's property. A recogni- tion of these reciprocal duties will go a long way toward fixing the terms for this contract. Duty; the sublimest word in the English language, should be exacted of each for the solution of the vexatious terms, if any there be, of this contract. The period through which we are passing calls for efficient and full produc- tivity. We shall brush aside rules and men who curtail in any way the work, or the amount of work, and which endanger the safety or retard fhe happiness of the employees engaged in this industry. Article I of the contract should read as follows: "I. In consideration of the mutual promises, the parties agree that the Publisher will employ for the operation of his ■or its presses, members of the New York Newspaper Web Pressmen's Union No. 25, in the numbers required by each Pub- 701 lisher, and at such times as the Publisher requires, upon four hours' notice from the Publisher, but upon condition that compe- tent pressmen are furnished by the Union. "The Publisher shall have the sole right to determine the number of men necessary to operate and man the presses in their respective pressrooms. If the Union fails to furnish the necessary number of men required by the Publisher, the Publisher may then have the right to employ the necessary help to properly and efficiently, man and operate the presses in its business. The Publisher will be the judge of the competency of the men so employed, but may do so through its foreman, who is deemed to have knowledge and efficient judgment as to the competency of employees. "It is the intent of this agreement that the Union shall at all times have the first opportunity to supply the men necessary for the Publisher but upon failure so to do for a period of ten days, the Publisher may permanently retain workmen who are not members of the Union." The foregoing provision is intended to constitute the fore- man in every sense a workman and representative of the Pub- lisher, representing the Publisher and his business. It is thought that his experience, with freedom of judgment, will make for the best interests of the industry if the responsibility rests upon him to determine the competency of workmen. He is in a position to judge the competency of the workmen, but the Publisher must have the final decision as to competency. Provision will here- after be made for the right of the Publisher to employ a foreman, which will eliminate the real or fancied abuses said to have existed heretofore by reason of his required membership in the Union. The foreman must be responsible for the administration of the pressroom, efficiently and economically. He must therefore not be interfered with by the Chapel Chairman. The right of the employer to discharge employees for cause within the limits of this contract must be observed. It is essential that the fore- man be free to act in directing the men, where they shall work and what they shall do. It must be realized at all times that he is. an employee and representative of the Publisher. 702 It is the intent of this provision that the Publisher shall have the free and full control of its pressroom operation, it shall be the final judgment as to the competency of the men engaged in the work and the work itself. Article II shall read as follows : II. Eight consecutive hours, exclusive of the luncheon period hereinafter provided for, considered between the hours of 7 a. m. and 7 p. m. shall constitute a regular day's work. Any eight consecutive hours, exclusive of the luncheon period pro- vided for, between 7 p. m. and 7 a. m., except on Saturday, -when the hours shall be in eight consecutive hours between 5 p. m. and 5 a. m., shall constitute a regular night's work. Work- men called for duty between 5 a. m .and 7 a. m. for day work «hall receive One Dollar extra. Reasonable notice shall be given T)y the Publisher to the workmen for the hours it is desired that they labor. Men working on Saturday and Saturday night on Brooklyn papers shall receive the regular Saturday night scale ior Saturday night and a bonus of One and One-half Dollars, provided at least four hours elapse between the two shifts." This is a radical change in the day shift hours as well as the night shift hours. The demands of the Publishers' business require it. To permit of four shifts, as heretofore, does not work for the essential purposes of the employment. It is very ■clear that it has heretofore resulted in the men working not more than eight hours but receiving extra pay for alleged overtime T)ecause of the arbitrary hours fixed for the shifts. It is estab- lished beyond contradiction that the work to be performed by the pressmen, it is necessary to commence earlier than 12 mid- night. A fair twelve-hour shift should begin at the appropriate liour of 7 a. m. and 7 p. m. The public demands for the publi- cation of newspapers have changed. The workmen must have regard for this. It is essential that the newspapers be out and ready for delivery to trains leaving for points outside of the •city. This is a convenience and a requirement of the Publisher. It should be met by the workmen under their promise of service. The eight-hour day has been established and is now universally Tecognized. A shift of twelve hours is established by the prac- tice in the great majority of other cities, and in New York City alone is there a six-hour shift. The Publishers' requirements 703 make it necessary that the night shift hours begin at 7 p. m.^ except on Saturday night. This business condition should be appreciated and met by the Union in fixing the hours. Special' provision should be made for Brooklyn. The four Brooklyn) newspapers are published in the afternoon and have a Sunday edition. If the men return after a four-hour rest period, they are permitted to earn another day's pay. It is not demanded that the so-called "regular'' men work Saturday or Saturday night. The privilege of doing this remains with the men. If" they do so, they receive seven days' pay. Fixing the shift hours. as above requiring the men to work but eight hours a day, im- poses no additional hardship; it may mean a different arrange- ment at home so as to accommodate these hours of employment:. It is no greater tax upon the health of the workmen. Changing the hours of shift on Saturday night to 5 p. m. is necessary to> take care of the normal and regular Saturday night work . The bonus for this service on Saturday night is reduced.. The bonus of $2.28 was granted during the war period. We- think the request to entirely eliminate this bonus should not be granted. It is a privilege accorded the Publishers to have the same crew man the presses for sixteen hours out of the twpnty- four hours which should be recognized, not only by the usual pay therefor, but a bonus to encourage the men. We think this- will be helpful to the industry, the Publisher as well as the workmen. Article III should read as follows: "III. Luncheon. — The time for the luncheon shall be designated by the Publisher. A full half hour for lunch shall be allowed each man during each eight-hour shift, but no man shall be sent to lunch until he has worked at least three hours nor shall he be kept from lunch more than five hours from start- ing time, except in cases of emergency. When more than one hour's overtime is required at the end "of the regular eight-hour shift, a second lunch period shall be allowed. The lunch period shall not be a part of the regular hours of labor nor shall it be paid for where the intervals between editions permit any press- to stop so that the crew can go to lunch. In offices where con- tinuous operation of presses is necessary, if men take their lunch- eon in turn and the presses continue in operation, each half-hour 704 lunch period shall be counted as a part of the eight-hour work." In all industries where 'the eight hours of labor is recognized and prevails, it is the intent that the employer receive the full eight hours of work; therefore the lunch period in the cases referred to in the above article should not be considered part of the eight hours of labor. Where men leave presses in operation in charge of fellow-workmen, who must necessarily assume great- er burdens during the absence of the men for lunch, it is fair that this period of one-half hour be counted as part of the eight hours of service. Article IV should read as follows : "IV. Wag,e9. — The foreman's wages shall be fixed by the Publisher in an amount to be mutually agreed upon between the foreman and the Publisher. The minimum wage of the pressman in charge shall be $8.50 per eight-hour day. The wages of press- man shall be $7.50 per eight-hour day. "The minimum wages for eight hours of work at night for pressmen in charge shall be $9.00; the wages of pressmen sfiall be $8.00." Since it is the intent of this contract that the foreman in the future, m fact, as well as in spirit, represent the Publisher, he should be employed with due regard for his ability to superin- tend the work in hand. It is to the interest of the Publisher to pay wages fully adequate to obtain the best services as the necessities of this industry require. We have examined the very exhaustive exhibits and thor- ough arguments of the Union on the one side, demanding an increase of Ten Dollars per we^ek in wages, and of the Publisher, on the other hand, asking for a decrease in wages. We decline to allow the Union an increase, as this is not in keeping with the cost of living or family requirements of the day. The statistics 'gathered jnd furnished to the Arbitration Board satisfactorily establish that there is a decrease in the cost of living, although not in rents. The men engaged in this industry, and affected by this contract, have been accustomed to earning much in excess of these wages by extra work. Under other provisions of this con- tract, they will be deprived of this opportunity and therefore we do not think it would be fair that their wages should' be reduced 705 further. We recognize that there have been reductions in wage& in other cities, but our view is that in other cities opportunities were not afforded the pressmen to obtain extra compensation for extra hours of service. Article V should read as follows : "V. All time actually worked in excess of the number of hours fixed herein as constituting a day's or a night's work, exclusive of lunch time, shall be counted as overtime. Time and one-half shall be allowed for such extra time, which shall be paid for at the prevailing rate of wages." This provision is not new between the parties except as to payment for the actual time of service. We deem it fair that the actual time be paid for rather than periods of fifteen minutes or half hours. Article VI should read as follows: ''VI. Holidays. — When work is performed on any of th(; legal holidays provided for by the laws of -the State of New York, between 7 a. m. and 7 p. m. time and one-half shall be allowed." Since the Publishers announced that extra pay should be given for work on kolidays, there is no reason why all of the legal holidays provided for by the laws of the State of New York and recognized by it, should not be paid for on the same basis. No good reason is advanced for selecting but half the holidays for the allowance of extra pay. Article VII should read as follows : "VII. All employees of the pressroom shall perform any work pertaining to the operation, maintenance, cleaning and up- keep of the presses within the building, and shall be subject to the orders and directions of the Publisher in so doing." Article VIII should read as follows: "VIII. Press crews or members thereof may be transferred at the discretion of the Publisher or its representative, or from one press to another or from one position to another, as efficiency or economical operation require, provided that such transfer shall be without reducing the number of men employed in any regular eight-hour shift until the end of that shift." 706 Article IX should read as follows: "IX. The Publisher or his representative shall have the authority to discharge employees for good cause, but in so doing, shall keep within the requirements and obligations of this contract." Article X should read as follows : ' "X. It is agreed that the jurisdiction, authority and control of each pressroom and all its work and its employees is given exclusively to the Publisher and its agent or representative." The foregoing provisions of Article VII, VIII, IX and X are provided for with the sole object of having it clearly under- stood that the work shall be carried on under the authority and direction of the Publisher. Article XI should read as follows : "XL Foremen. — Each Publisher shall designate a foreman who shall be considered its representative and whose orders, which shall always be in conformity with the express terms of this contract, shall in all instances be complied with. The Pub- lisher agrees to select a foreman from the membership of the Union, if one may be found therein who is competent and other- wise satisfactory to fulfill the duties required of him. If not, a foreman may be selected by the Publisher, though he is not a member of the Union. "The foreman shall be in every way the unrestricted repre- i sentative of the Publisher in the pressrooms. He can only be discharged or disciplined by the Publisher. If he is deprived of his membership in the Union, that of itself shall not be sufficient cause for his discharge by the Publsher, but if a complaint is made against the foreman, it shall first be laid before the Pub- lisher and the Publisher agrees that if there is proper and suffi- cient cause therefor, it shall be its duty to discharge such foreman. "The Chapel Chairman representing the Union may report to the Union any violation of this contract that cannot be settled satisfactorily with the foreman. He shall issue no order affecting the operation or conditions oi the pressroom. His regular press work shall be done_ under the foreman." 707 It is sufficient to refer to the comments above as to the importance, of the position of foreman. If the contract of em- ployment permits the Publisher, to dictate the service and have a supervising direction of the work, it is essential that the fore- man in charge be his true representative. This should be pleasing to the Union, for it fixes a responsible head to whom complain^ may be made and from whom orders and directions may be received. Article XII should read as follows : "XII. When any action by either party to this contract is contested by the other, as a violation of this contract, the ques- tion shall be referred to a Joint Standing Committee of two rep- resentatives of the Publishers and two representatives of the Uiiion, who shall endeavor to agree. If agreement cannot be reached, the Joint Standing Committee shall promptly select a fifth member and the direction of a majority shall then ^he accept- ed as settling such case. If the finding be in favor of the employee, he shall be reimbursed for the loss of wages incurred. Pending the hearing and 'determination of any issue, conditions responsible for such issue shall continue without modification and work shall continue without interruption." This article provides for a tribunal for settling disputes which should be fruitful in results. It is a forum to which com- plainants may appeal. Its composition is an assurance of fair play and equitable adjustments. Article XIII should read as follows : "XIII. If the Union has a ,grievance against the foreman or other persons, it shall first refer it to the Publisher or its representative, and if the conditions are not satisfactorily adjust- ed, the question may then be referred to the Joint Standing Committee as herein provided, for settlement or decision." Article XIV should read as follows: "XIV. Apprentices shall be allowed at a ratio determined by the foreman and shall be based upon the requirements of the business. They shall be permitted to do such work as may be designated by the foreman, provided that when considered com- petent by the foreman they may temporarily perform the work 708 iSi a pressman, and when so employed continuously, they shall receive the wages of an assistant pressman. The wages shall be as follows : First year ;. _ :...$4.00 Second year : 4.00 Third year _ 5.00 Fourth year S.OO Fifth year _ 5 .00 for each eight-hour day and fifty cents more for each night of eight hours." Article XV should read as follows : "XV. Fly boys and carrier boys who are not apprentices shall be classed as skilled labor and may, at the Union's option, be members thereof. The minimum wage for such fly boys and carrier boys shall be $5.00 per eight-hour day and $5.50 for eight-hour night." Article XVI should read as follows: "XVI. It is agreed that the presses may be run at any time by mechanics or repairmen for the purpose of testing out or repairing the same." This provision need not be commented upon; its statement is sufficient. Article XVII should read as follows : "XVII. Both parties agree to give prompt attention to every ■complaint or dispute that arises and to endeavor, in good faith, to settle any differences by the Joint Standing Committee." This is in harmony with the mutual understanding to pro- mote good feeling and harmonious relations and to avoid mis- tmderstanding. If differences of opinion arise, it is agreed that the work will be continued without interruption until a settlement bas been arrived at. Article XVIII should read as follows: "XVIII. It is agreed that this contract covers all questions of wages, hours and working conditions, and the obligations 709 thereof are imposed and accepted, by the parties hereto and shall continue until September 1, 1923. "The provisions of the constitution, by-laws, or other rules- and regulations of either party hereto may be amended during the life of this contract, but no constitutional provision, by-laws,, rules or regulations of either party or any amendments thereof, shall alter or affect the tertns of this contract." Since the parties have agreed to abide by the determinations- arrived at, it is essential that .they so agree ; therefore this last provision, We have considered the question of working conditions, which relate to the health, comfort and safety of the employees, and have had due regard foi- the exhibits and arguments sub- mitted in connection herewith. The Arbitration Board visited' some of the Publishers' press rooms and saw the best that is provided, as well as the worst. All of this has been helpful in arriving at the conclusions above stated. We have given atten- tion and study to the questions involved with an eye only ta bringing better feeling and contentment to the parties to the con- tract. We deeply feel the responsibility of fixing wages and working conditions for so large a body of men. We feel that; what is herewith submitted in every way answers the demands, of justice to the employer and employee. Respectfully submitted, MARTIN T. MANTON, LESTER L; JONES. Dated : New York City, February 21, 1922. I dissent from this opinion, and views. ALBERT B. KREITLER. Dated : New York City, February 23, 1922. 710 MR. KREITLER'S DISSENTING OPINION I have been for years a believer in the principle of arbitra- tion as the best means of settling disputes for the same reason that I have steadfastly deprecated the use of force in settling disputes. To me it has always appeared to be the superior manner of conducting affairs among citizens to submit a dispute to a judge of court, clothed with all the authority of organized society and having no interest in it beyond its settlement on its merits. It was with this belief firmly fixed in my mind that I readily agreed to submit the dispute between the union I represent and the publishers to a judge of a court of the highest standing. It was with the hope that if justice is ever to be done between man and man there is no one that I could go to with greater confidence and assurance than to one (who for many years had been accustomed to weighing facts and analyzing arguments and rendering decisions with only one purpose in view — ^justice. When the terms of the award handed down by Martin T. Manton were conveyed to me my sense of right and justice re- ceived a crushing blow. I was humiliated to think that one who is possessed of a judicial temperament had allowed something other than the facts and arguments to shape his opinion. • I emphatically dissent from the award of the arbitrator be- cause it was definitely understood that before any decision was arrived at the representatives of the publishers and myself would be called into conference to discuss the points at issue. This was not done. Prior to the arbitrator announcing his award, but after its having been read to the representatives of the parties to the dispute, I requested that the announcement of the award be held in abeyance for a few days in order to again bring to his attention certain material facts that he had ignored and which if given due consideration would have compelled him to alter his award and to render it in harmony with the facts submitted in the brief instead of, as it appears, in consonance with sonie 711 influence the nature of which I do not know. He refused to grant my request. , What is responsible for the arbitrator's apparent bias against the union is unknown to me. That he was prejudiced against and blinded to the merits of the union's case is without doubt in my mind. He certainly could not have decided as a judge impartially dispensing justice upon the evidence presented. Apparently his interests as an employer of labor rather than his presumed judicial impartiality prompted his decision and his; method of arriving at it. 712 Cornell University Library HD 5325.P92A66 1921 Arbitration between New yotk Newspaper W 3 1924 001 792 617 DATE DUE CAVLORO PNINTCD IN U.S.A. l!!^]^^^€Ki^^^