r!D 7SII HD7811.U6S32 The labor contract from individual to co 3 1924 002 424 863 Schaffner, Margaret Anna. . . . The labor contract from individual to collective bar- gaining ... Madison, Wis., 1907. THE LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY THE LABOR CONTRACT FROM INDIVIDUAL TO COLLECTIVE BARGAINING BY MARGARET ANNA SCHAFFNER A THESIS SUBMITTED FOR THE DEGREE OP DOCTOR OF PHILOSOPHY UNIVERSITY OF WISCONSIN 1902 CRKP|ijJITED FROM THE BULLETIN OF THE UNIVERSITY OF WISCONSIN ECONOMICS AND POLITICAL SCIENCE SERIES, VOr.. 2, PP. 1-182) MADISON, WISCONSIN 1907 MTB> Class Book Bryn Mawr College Library C. C. WILLIAMSON OCT 1 1 tpng ^^^Wws^^y^ C. C. WILLIAMSON OCT 1 :: 1509 THE LABOR COiNTRACT FROM INDIVIDUAL TO COLLECTIVE BARGAINING BY MARGARET ANNA SCHAFFNER A THESIS SUBMITTED FOE THE DEGREE OP DOCTOR OF PHILOSOPHY UNivEssiT^ p^J myeoNgiN ..''-. f ;•.■-; 1902'. ',,=■' : ■ (REPRINTED PROM THE BULLETIN OF THE UNIVERSITY OF WISCONSIN BCONOMICS AND POLITICAL SCIENCE SERIES, VOL. 2, PP. 1-182) PROPERTY OF LIBRARY HEW yonx state schaoi mousTniAL m uedb relatiohs CORNELL UNIVERSITY - MADISON, WISCONSI^^ 1907 H'D ML CONTENTS Page. Pkefacb 5 iNTRODUCTORy 7 Chapter I: The Legal Basis 9 The Eight of Contract 9 The Labor Contract Under Common Law 9 State Regulation of the Labor Contract 10 Contracting Away the Right of Contract 10 Contract Limited by the Police Power 12 Rights of Association 14 The Doctrine of Conspiracy in Relation to the Ordinary Strike, the Sympathetic Strike, the Boycott 14 Enforcement of Collective Agreements 21 Responsibility of the Organization 21 Rights of the Individual Member 28 Chapter II: The Industrial Basis 31 The Growth of Industries and the Organization of Labor 31 From the Individual Employer to Large Scale Production 33 Individual Workshops 33 Growth of the Factory System. (About 1796-1830). . . 35 Extension of the Competitive Field (About 1830-1861). 38 Development of Large Industries (About 1861-1886). .. 46 Large Scale Production (About 1886-1902) 53 Chapter III: From Individual to Collective Bargaining 55 Stages in the Development of Collective Action 55 Summary of the General Movement 55 Customary Regulation 56 The Beginnings of Organization (About 1796-1830) 56 Weak Organizations (About 1830-1861) 56 Organization and Conflict (About 1861-1886) 57 Recognition (About 1886-1902) 57 Comparison of Trades in Various Stages 58 Stages of Collective Action in Separate Industries 60 Printing 61 Building Trades 66 Clothing and Textile Trades 85 Metal Working and Machine Trades 95 PROPERTY OF LIBRARY HEW ym ST^TE mmi r^>y,^ ^ .- COnfin I UH RVERSITY CONTENTS Page. Woodworking 104 Glass and Pottery Trades 107 Mining 109 Transportation H" Cigar Making ■< 119 The Place of Collective Bargaining in the Evolution of In- dustry 131 Individual Workshops and Customary Regulation 132 Growth of the Factory System and the Development of Labor Organizations 133 Extension of the Competitive Field and Weak Organi- tions 133 Development of Large Industries and Conflicting Inter- ests 134 Large Scale Production and the Recognition of Unions. 135 APPENDICES. Appendix 1. Boot and Shoe Workers' Union: Union Stamp Con- tract, Blank Form, 1900 136 Appendix 2. Building Contractors' Council of Chicago: State- ment of April 30, 1900 138 Appendix 3. Carpenters' and Builders' Association, etc.: Agree- ment, March 11, 1901; April ], 1903 139 Appendix 4. Grand International Brotherhood of Locomotive En- gineers: Standing Rules, 1902 147 Appendix 5. Locomoti^" Firemen: Rules on the C. R. I. and P. Ry, 1902 152 Appendix 6. International Association of Machinists and the Frisco System: Agreement, 1902 160 Appendix 7. Michigan Mining Scale, 1902 163 Appendix 8. Associated Teaming Interests of Chicago and the Teamsters' National Union of America: Agreement, 1902 170 Appendix 9. Chicago Typographical Union No. 16, and Allied Printing Trades and the Inter-Ocean Publishing Co.: Agree- ment, 1899 171 Appendix 10. American Newspaper Publishers' Association and International Typographical Union: Arbitration Agreement, May 1, 1902; May 1, 1907 175 Appendix 11. Amalgamated Wood-Workers' Council of Chicago: Agreement, Blank Form, 1902 181 PREFACE The present study of the labor contract is tentative in nature. Certain preliminary chapters are here presented as an intro- duction to a larger study of collective bargaining which the writer intends to complete from the mass of material collected on present conditions in the United States. The period sketched in the present study lies between the close of the 18th and the beginning of the 20th century. This period marks the transition from individual to organized in- dustry in the United States and it is this transition with which these preliminary chapters are especially concerned. The facts presented are culled from data secured largely through personal contact with employers and workmen. The work of investigating actual conditions of industry, of in- terviewing employers and iworkmen, and of attending the meetings of their various organizations and associations was carried on mainly in Chicago supplemented by work in New York city and in certain smaller centers. The documentary material has been culled from a variety of sources the most fruitful being the records kept in the central administrative offices of some of the stronger unions. The courtesies ex- tended by some of the national and international presidents and secretaries enabled the writer to secure a large amount of evidence from unpublished sources. Certain employers' asso- ciations having "labor commissioners" also extended many courtesies in the way of furnishing documentary material bear- ing on their various methods of bargaining with employees. Yet all the evidence secured through documents is of secondary importance compared to the insight which gradually breaks upon one from daily contact with the persons actively engaged in industry. The writer has come to certain conclusions, which are not generally accepted and which are not borne out by docu- 6 BULLETIIT OF THE TTNIVBESITY OF WISCONSIN mentarj proof. JSTevertheless they seem to be borne out by evi- dence whicb rests upon fundamental facts in our industrial life. The writer desires to express her sincerest thanks to Professor Henry Carter Adams of Michigan University for many helpful suggestions in the early stages of the work, and to Professor John E. Commons of the University of Wisconsin for suggestive criticisms in the final preparation of the manuscript. The many courtesies extended by officials of labor organizations, by em- ployers, and by "labor commissioners" are thoroughly appre- ciated. It is a cause for regret that their large number pre- cludes individual recognition of invaluable assistance in en- abling the writer to enter into the actual experiences of industrial life. Finally, to Professor Richard T. Ely of the University of Wisconsin, the writer desires to express her deepest obligation. His continued interest and assistance made possible the col- lection of the data upon which the investigation is based, and his kindly encouragement and helpfulness have made possible the presentation of the material in this preliminary form. Margaret A. Sghapfnbr. THE LABOR CONTRACT FROM INDIVIDUAL TO COL- LECTIVE BARGAINING INTRODUCTORY In the evolution of the labor contract in the United States two historic facts confront us : the individual bargain of a cen- tury ago and the collective agreement of the present day. Sep- arated by less than a century's development, there is a transi- tion from individual to associated action, and, although the individual contract necessarily persists, collective bargaining is coming more and more to have a part in our industrial life. A close investigation, into our economic history reveals the onequal chronological development of our industries. This fact is the key to an understanding of our industrial develop- ment. It is impossible to gain an historic conception of our industrial relations until we recognize not only the interdepend- ence but also the separate , development of our great industries. To lose sight of the changes which take place in each separate industry in its development from small beginnings until it be- comes a well adjusted mechanism employing all of the economies incident to that particular business were as fatal to an under- standing of the various stages of collective bargaining as to lose sight of the general advance of our industry as a whole. The past century presents a kaleidoscopic view of industries in their weak beginnings along with those grown to world wide importance, and in practically every decade the complex pro- cess of industrial growth is illustrated by industries which co- exist in their various stages of development. The varying relations between employer and employee which have from time to time expressed themselves in the labor con- tract are largely a reflex of conditions prevailing in our various industries. Hence it is that these relations are so different in different indtistries at the same time. The formal relations expressed in the labor contract reflect, not so much the spirit [V] o BULLETIN OF THE tTNIVEBSITY OF WISCONSIN of our general industrial development, as they portray the con- ditions which exist in any particular industry at any given stage. The mass of conflicting testimony bearing on the development of collective bargaining during the past century defies any clas- sification of events into chronological periods. The possibility of a more truly historical as well as logical treatment reveals itself when the development of collective action is closely as- sociated with the various industries within which that develop- ment has taken place. Viewed from this standpoint it becomes clear that collective bargaining in any industry is largely con- ditioned by the stage of growth reached by that industry. Under normal conditions individual bargaining co-exists with the in- dividual workshop while the association of larger groups of workmen tends toward the growth of collective action. But not only has the development of the labor contract been largely determined by industrial relations, it has also been con- ditioned by law and judicial interpretation which have defined the limits within which the employment contract could be drawn. To take note of the various factors which have interacted in bringing about the change from individual toward coUeetive action in forming the labor contract would be to write a history of our industrial and social life in all of its complex phases. A careful analysis of the labor contract as it has been developed in the United States must take account of at least two well de- fined lines of activity. It must consider the changes in the methods and processes of industry in so far as they affect the relations of employer and employee and it must note the limi- tations placed upon an entirely free adjustment of such con- tractual relations by our law and judicial interpretation. In a general way, the i-elations between employer and em- ployee are based upon our industrial equipment and are condi- tioned by the legal and moral restrictions imposed by society. Not until each side shall have a sh&re in the control of indus- trial activities and each side is made to recognize reciprocal rights and obligations will the labor contract finally conserve the interests of both employer and employee and secure the largest possible measure of well-being for society. [8] SCHAFFWBE LABOE CONTRACT CHAPTER I THE LEGAL BASIS The Right of Conteact The Labor Contract Under Common Law In the development of Anglo-Saxon liberty we pass from status to contract. The freedom of the serfs gave them a pro- prietorship in their labor and left them free to dispose of their services under the common law of the realm. The labor contract emerged before the property contract under Anglo-Saxon law. The Norman lawyers based their decisions on the legal fiction that the king owned the estates of the realm but in fact, as regards use, there was largely com- mon property. The jurists of a later day, desirous of resting their decisions on an easy working hypothesis adopted the legal fiction that the right of contract was an inference from the right of properly. A still later development also rested the right of contract upon the right of personal liberty. English jurisprudence, therefore, bases the right of contract, including the labor contract, upon the rights of private property and of personal liberty. But though the theory of English common law bases contract upon rights which it recognizes as fundamental, freedom of contract is subject to limitations and does not extend to contracts which are criminal or immoral, or which are "expressly made illegal by existing laws." In the United States there has been a greater insistence on freedom of contract than in England. In both countries the legally enacted statute supersedes the common law but in the United States special constitutional objections have been urged against legislation infringing the right of contract. Under our common law, the labor contract is one by which [9] 10 BULLETIN OF THE UNIVEESITY OF WISCONSIN ^n employer engages an employee to do something for the bene- fit of the employer or of a third person for a sufficient consider- ation expressed or implied.^ The relation thus created is a valid contract where both parties have the requisite legal qualifications for entering into such agreement. The labor contract is subject to all the limi- tations of contracts, and judicial decisions in the United States have determined that no one may contract away his right of contract and that no one may make contracts forbidden by the state by virtue of its police power.^ State Regulation of the Labor Contract Contracting away the right of contract. The right of eon- tract is a necessary part of freedom but unless it is limited and regulated by the state freedom of contract may nullify itself: Ancient times' afford illustrations of slavery arising from free contract and at the present day conditions attached to the labor contract frequently render the contractual relation one of virtual slavery. Where the strength of the contracting parties is so unequal that the will of the stronger may be imposed upon the weaker, not only to the detriment of the individual but of the general public, it becomes the duty of the state to enact legislation which vsdll prevent the individual citizen laboring under the goad of economic necessity from contracting away his inherited rights and liberties. Statutes relating to "contracting out" have been passed by about one-third of our states.* The general import of this leg- islation is to make contracts releasing the employer for liability ' For statutes defining the lator contract compare Mont. Civ. Code, 1895, sec. 2650, and N. D. Civ. Code, 1899, sec. 4094. 'See : SloMghterhouae Cases, 1872. 16 Wall. 36-lSO, especially p. 8T ; Frorer et al. V. The People, 1892, 141, III. 171 ; Braceville Coal Co. v. The People, 1898, 147 III. 72 ; Eolden v. Hardy, 1898, 169 U. 8. 366. ' Pufendorf, Samuel, On the Laws of Nature and of Nations. Part VI, sec. 3. • For typical laws see : Fla. Rev. St. 1891, c. 4071, sec. 3 ; Ga. Civ. Code 1895, sec. 2613 ; Ind. Ann. St. 1901, sec. 7083 ; Mass. Rev. Laws, 1902, c. los', sec. 16 ; Mont. Civ. Code. 1895, sec. 2242 ; N. C. Lams, 1897, c. 56 ; and Wy. Bev. St. 1899, sec. 2522. For typical constitutional provisions see : Col. Const. 1876, art. 15, see 15 ; Miss. Const. 1890, art. 7, sec. 193; Mont. Const. 1889, art. 15 sec. 16; Va. Gonst. 1902, art. 12, sec. 162. [10] SCHAFPNEE LABOR CONTEACT 11 to employees, null and void. Several states have limited leg- islation on this point to contracts releasing the employer for liability for injuries due to his own negligence or the negli- gence of other people in his employ. Thus the Massachusetts^ statute reads: "No person or corporation shall by a special contract with persons in his or its employ, exempt himself or itself from any liability which he or it might be under to such persons from injuries suffered by them in their employment and which result from the employer's own negligence or from the negligence of other persons in his or its employ." Similarly in Montana^ the law reads: "Any contract or agreement entered into by any person, company or corporation with its servants or employees whereby such person, company, or corporation shall be released or dis- charged from liability or responsibility on account of personal injuries received by such servants or employees while in the service of such person, company or corporation, or the agents or employees thereof shall be absolutely null and void." But though employer's liability in its general terms is be- ing maintained and expressed more and more in specific statutes, yet employers frequently escape just accountability through the doctrine of common employment. For although statutes have modified the doctrine respecting fellow servants in many of our states'' further legislation along this line is needed, both to secure uniformity and to bring the present law on the subject into harmony with present industrial conditions. The statutes relating to common employment, to employers' liability, and to contracting out, limit freedom of contract in a negative way but in reality they extend positive liberty. Green ' Massachusetts, Bev. Laws, 1902. c. 106, sec. 16. 'Montana, Civ. Code, 1895, sec. 2242. 'For typical laws see: Ala. Civ. Code, 1897, c. 43, sec. 1749 Arie. Civ. Code, 1901, sec. 2767; Ark. Dig. 1894, c. 130; Cal. Civ. Code, 1885, sec. 1970; Col. Laws, 1901, c. 6T ; Fla. Bev. St. 1891, c. 4071, sec. 3 ; Ind. Ann. St. 1901, sec. 7083 ; Iowa Code, 1897, sec. 2071 ; Kan. Oen. St. 1901, sec. 5858',; Mass. Rev. Laws, 1902, c. 106 ; Mimn. Gen. St. 1894, sec. 2701 ; Miss. Const. 1890, art. 7, sec. 193 ; Mo. Bev. St. 1899, sec. 2873 ; Mont. Civ. Code, 1895, sec. 905 ; N. T. Lams, 1902, c. 600; N. C. Lams, 1897 c. 56; OMo, Ann. St. 3rd. ed. sec. 3365-22 ; S. C. Const. 1895, art. 9, sec. 15 ; Tew. Laws, 1897, c. 6 ; Va. Const. 1902, art 12, sec. 162 ;Wis. Bev. St. 1898, sec. 1816; Wy. Bev. St. 1899, sec. 2522. [11] ly BULLETIN OF THE UNIVEESITY OF WISCONSIN has well said: "To uphold the sanctity of contracts is doubt- less a prime business of government, but it is no less its business to provide against contracts being made, which, from the help- lessness of one of the parties to them, instead of being a security for freedom, becomes an instrument of disguised oppression."* Real freedom of contract is possible only where the state places restrictions on the sale of labor so that it becomes impossible for any individual to contract away his right of contract. Contract Limited by the Police Potver. The labor contract is further regulated by a mass of legislation enacted by virtue of the police power of the state." The police power has been de- fined as "that inherent and plenary power which enables the state to prohibit certain acts or regulate certain private relations for the pupose of securing the safety and health of society."^" The supreme court of Illinois has defined the police power as "the law of overruling necessity. "^^ By virtue of this power our states have enacted all that great body of legislation which makes provision for the regulation of labor performed under special conditions. The legislation regulating conditions in fac- tories and shops, in mines, and on railways, and in other special industries has in view the general welfare. The laJws relating to the hours of labor, the payment of wages, the health and moral condition of employees, and other similar provisions re- stricting the labor contract seem at firat sight to deal exclu- sively with the welfare of the particular individuals employed in the occupations so regulated; but they have for their basis far deeper grounds. They rest on that inherent and plenary power of the state which enables it to provide for the safety 'Green, Thomas Hill, General Works, III., 382. ' Commonwealth of Massacnuaetts v. Alger, 1851, 7 Cush. 53 ; Commonwealth V. Hamilton Mfg. Co. 120 Mass. 383 ; Cole et al. v. Hall, 1882, 103 IW 30 ; State v. HoUen, 1896, 14 Utah 71 ; Holden v. Hardy, 1898, 169 TJ. 8. 366'. 1" Compare the following statement : "The police power ... Is a power co-extenslve with self-protection and is not inaptly termed the 'law of over-ruling necessity.' It may he said to he that inherent and plehary power in the state which enahles it to prohibit all things hurtful to the comfort safety, and welfare of society." Lake View v. Hose Hill Cemetery Co. 1873 70 III. 191. " Cole et al. v. Hall, 1882, 103 III. 30. Compare the statement of Justice Brown in the opinion of the court In Holden v. Hardy, 1898, 169 U. S. 366, that "This power, legitimately exercised can nieither be limited hy contract nor bartered away by legislation " [12] SCHAFFNBE LABOE CONTRACT 13 and security of society in general.^* So far the laws which regulate the individual labor contract in our several states, re- late largely to the labor of women and minors, yet laws like the Utah 8-hour law^' indicate a radical advance in state inter- ference in the regulation of the employment contract, and the decision of the supreme court of the United States that the law is "not an unconstitutional interference with the right of pri- vate contract, nor a denial of due process of law or of equal pro- tection," shows a tendency toward a broader view of freedom of contract and indicates a more liberal interpretation of the police power of the state.^* But while the drift of legislation and of judicial interpreta- tion seems to favor a greater recognition of the right of the state to interfere with private contracts the real problem of the " The extent of this power Is expressed in the opinion of the court in Thorpe o. Bathland and Burlington B. R. Co. 1854, 27 Vermont 140, as follows : "All contracts and all rights . . . are subject to this powen ; and not only may regulation which affect them he established by the state but all such regulations must be subject to change: from time to time as the general well-being of the community may require or the circumstances may change or as experience may demonstrate the necessity." " Utah, Bev. St. 1898, sec. 1337. For court decisions bearing on this law see: Holden v. Hardu, 1896, 46 Poo. 756; State v. Bolden, 1896, 14 Utah, 71 ; and Holden v. Hardy, 1898, 169 V. S. 366. '• The following quotation from the opinion of the court in Holden v, Ha/rdy, 1898, 169 V. S. 36S, shows a broad Interpretation of the police power : "The legislature has also recognized the fact, which the experience of legislators in many States has corroborated, that the proprietors of these establishments and their operatives do not stand upon an equality, and that their Interests are, to a certain extent, conflicting. The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of discharge to conform to regulations which their judg- ment, fairly exercised, would pronounce to be detrimental to their health or strength. In other words, the proprietors lay down the rules, and the laborers are practically constrained to obey them. In such cases self-interest is often an unsafe guide, and fhe legislature may properly interpose its authority. "It may not be improper to suggest in this connection that although the prosecution in this case was against the employer of labor, who apparently, under the statute, is the only one liable, his defense is not so much that his right to contract has been infringed upon, but that the act works a peculiar hardship to his employees, whose right to labor as long as they please is alleged to be thereby violated. The argument would certainly come with better grace and greater cogency from the latter class. But the fact that both parties are of full age, and competent to contract, does not necessarily deprive the State of the power to Interfere, where the parties do not stand upon an equality, or where the public health demands that one party to the contract shall be protected against himself. The State still retains an Interest in his welfare, however reckless he may be. The whole is no greater than the sum ot all the parts, and when the Individual health, safety, and welfare are sacrificed or neglected, the State must suffer." [13] 14 BULLETIN OP THE UXIVEESITY OF -WISCONSIIT labor contract is being worked out in a positive way through the development of collective action on the part of labor. Eights op Association The Doctrine of Conspiracy in Relation to the Ordinary Strike, the Sympathic Strike, the Boycott The rights of association and of collective action on the part of laborers have undergone considerable modification during the past century.^^ In England, until 1824, workmen entering " For eTidence on this poinr consult the following cases. Taken in chrono- logical order they present eyidence of an extraordinary evolution in the legal right of laborers to combine : THttl of the Boot and Shoe MaTcers of PMla4elpMa on am indictment for a combination and, conspiracy to raise their wages. Tried in the Mayor's Court, January Sessions 1806. Taken in shorthand by Thomas Lloyd, Philadelphia, 1806. (Commonwealth v. Pullis et al.) People V. Melvin, 1809, (Trial of the Journeymen Cordwainers of the Gity of New York). Yates Select Cases, 112. Also compare: People v. Melvin, 1810, manuscript record, Neio YorTc City Hall Recorder for 1810, 207-16. Trial of tlie Jowrneym-eyv Cordwavner» of PittsTiwrg, had afi . ., . the Court of Quarter Sessions for the County of Allegheny . . . December, 1815. State V. Buchanan, 1821, 5 Har. & J. (Md.) 317 (Not a labor case, but gives an interesting summary of the doctrine of conspiracy as applied to labor disputes. ) Commonwealth of Pennsylvania v. Carlisle, 1821, Brightly's Nisi Prius (Fa.\ 36. The People of New Yorlc v. Benry Trequler, James Clawsey, For trials due to strikes see : Commonwealth v. Pullis, Mayor's Court, rhlladelphla, January Sessions, 180(5 ; People v. Melvin, ISIO, manuscript record, New Torlc City Hall Recorder for 1810, p. 207-16 ; Trial of the Journey- men Oorwainers of Pittsburg, Court of Quarter Sessions, County of AUe- gheney, Dec. 1815 ; Commonwealth v. Carlisle, 1821 ; Brlghtly's Nisi Prius {Pa.) p. 36 ; The People of New York v. Trequier et at., 1823, 1 Wheeler's Criminal Cases 142 ; Commonweath v. Moore et ah. Mayor's Court, Philadel- phia, September Sessions, 1827. [36] SCHAFFNEK LABOE CONTRACT 37 pleted product. Organized industry compelled him to adjust his activities to the work of the group. Tke old independence of the individual artisan was lost. The new strength of asso- ciated action was yet to be found. The unity of purpose which had formerly inspired the indi- vidual workman to the completion of the object in hand was dissipated as far as the effort of separate employees was con- cerned because the task assigned to each was but a part of the whole work. The mind of the employer derived new stimulus from the unification of the various operations in his factory; the workman was confronted with the possibility of becoming an easily replaceable cog in a great organization. Gradually from the necessities of the case laborers began to act together where the immediate interests of the group were concerned. The first attempts at collective action indicate an effort largely unconscious to regain the strength of unity in bar- gaining which had characterized the workman under individual production. However, concentration in our industries proceeded at such a rapid rate that the readjustment of relations between employer and employee could not keep pace with our general industrial development.® Under the regime of individual pro- duction, labor had occupied an established place in industry and individual bargaining secured a fairly equitable distribu- tion of the product. Under the new order there was a growing consciousness on the part of labor that its old vantage ground was slipping away. The increased production due to better industrial organization was plainly apparent, but it was also apparent that the distribution of that product did nob bring labor a proportionately increasing return. The strikes which took place from time to time and the occurrence of general "turnouts" in the larger centers of industry indicate a growing recognition on the part of the workmen that concentration in industry required concert of action on their part if their interests were to be conserved under the new conditions of production. Even in this early period the organization of labor followed closely upon the growth and concentration of industry. But 'For the growth of industries see: TTie Independent Chronicle, Boston, Jan. 1, 1810; National IntelUgenoer, Feb. 27, 1832; Boston Transcript, Apr. 25 and July 8, 1833. [37] 38 BULLETIN OF THE UNIVEBSITY OF WISCONSIN the process of readjustment in the relations of employer and employee failed to keep pace with our rapid industrial develop- ment. Employers usually resented what they considered ill-ad- vised interference with "their business" and the majority of trade dispute resulted in strikes or lockouts in which the stronger party came out first without very much reference to the merits of the controversy. Our social philosophy also favored the stronger side in the struggle for new industrial rights.'' It seemed wise and exped- ient that employers should take advantage of every means to perfect the organization of industry and secure a consequent increased production; it was not so easy for employers or the general public to understand that the organization of labor was a necessary part, an inevitable result, of industrial organization and concentration. When labor attempted to organize in order to place itself on a more equal footing for bargaining with em- ployers, it had to meet, not only the self-interest of employers but an overwhelming public opinion which almost uniformly condemned labor organizations. Unwise and precipitate action on the part of new organizations resulted in strikes and lockouts which served to increase the tension of strained relations with employers. Old industrial relations were disturbed beyond the point of equilibrium and a period of storm and stress invariably followed the early attempts of organized labor to secure a part of the increment of organized production. Extension of the Competitive Field. (About 1830 — 1861.) So long as the single establishment was the unit in industry, and competition was limited to a small field, labor organizations had little connection with members of their trade in other localities. The conditions of employment were largely determined by the individual contract, and the relations so established were but slightly modified through occasional concert of action on the part of employees. The development of transportation and conununication during the second quarter of the last century extended the limits of ' Compare tlie opinion of tlie Court in TUe People of New York v. Treqmer et al., 1823, 1 Wheeler's Criminal Cases 142, with the recent decision in National ProteoUve Association v. Cummings, 1902, 170 N. T. 315. [38] SCI-IAFFNEE — -LABOR CONTEACT 39 the competitive field and a corresponding expansion took place in the business unit. Industries which had before depended largely upon a local market extended their field of operations ■wherever transportation facilities provided opportunities for dis- posing of their products. With the extension of competition over wider fields new phases of the labor problem presented themselves. The direct competition between laborers for the same employment was in- creased as the available supply for any given industry could be drawn from a larger territory. However, the force of this condition was largely overcome by the alternative opportunities which remained open to the laborer, particularly the large areas of free land awaiting settlement. Another condition which had a direct and immediate effect was the greater competition which developed between different establishments in the same industry. In the struggle to secure larger markets, the separate establish- ments found it necessary to employ all of the economies possible in the business. Wages, forming such an important element in cost, offered an inviting field in which to reduce expenses. The stage of organization reached by our older industries after they were able to utilize transportation and communication facili- ties is in marked contrast to the degree of organization attained by workingmen. The introduction of labor-saving inventions. the division of labor, the growth of the business unit constantly extending its operations to cover the larger competitive field created by improved transportation, all emphasized the difference in bargaining strength between the individual laborer and the employer at the head of an organized business unit. Concen- tration and organization in industry continued to proceed hand in hand with the extension of transportation facilities and the increasing size of the industrial unit brought larger groups of workingmen under the same management. That the organiza- tion of labor lagged far behind the organization of industry during the second quarter of the nineteenth century is plainly apparent when viewed from the perspective of the present day but it was not so apparent to either employers or workingmen of that time. However, as the limits of competition in the same trade continued to widen and the industrial unit increased in size, workingmen began to extend their organizations. Local [39] 40 BTJLLETIJSr OB' THE TTNIVEESITY OJ? WISCONSIIT unions multiplied in the older crafts, and, in the early thirties, the separate organizations in the various trades in the same localities began to unite for common action. . In the period from 1830 to 1860 there was not only an increas- ing number of unions organized in newly developing industries but the older unions were gradually extending their sphere of influence and were becoming factors which employers had to reckon with in determining the conditions of employment. Em- ployers occupied with the extension of their business over a larger competitive field scarcely realized the augmented strength of their own position in relation to their workingmen, and with competition bearing heavity upon those who had before been secure in the possession of a local market, conditions seemed to offer diiSculties enough without the addition of labor troubles. They resented the interference of their employees in "their own business ' ' and frequent strikes and lockouts bear testimony that the rapid concentration in industry had failed to give oppor- tunity for the adjustment of the employment relationship to the new industrial conditions. On the other hand the laborers had no plan of organized collective action to bear against the new forces which confronted them. In earlier decades they had been wont to strike in single shops and in eases of common griev- ances had even conducted general turnouts. But at this stage collective action on the part of workingmen was still conditioned by the limitations of local organization while the industrial unit in which they found employment was extending its operations over territorial and even national competitive areas. The opportunism of trade unionism was baffled by the new situation for the power of the local labor organization was out- classed at practically every point by the strength of the organ- ized industrial unit. A half-conscious recognition on the part of workingmen that their interests failed to receive adequate consideration began to impress itself upon the thought of the time.^ Recognizing the limitations of their local trade organi- « Contemporary books and pamphlets reflect renewed interest in ttie iabor question. See : Facts for the Laboring Man ly the Laboring Man, Newport, 1840; Reply to Brownson's Article on the Laboring Classes, Cambridge, 1841: -Sliaw, P. G. The Organisation of Labor and Association, N. T. 1847. Allien, -,J. Labor and Wages at Home and Abroad, Lowell, 1849 ; Kellogg, B. Lalor .and Other Capital: The Rights of Each Secured and the Wrongs of IBothi [40] SCHAFFNEE LABOR CONTRACT 41 zations without fully understanding the new conditions of in- dustry, leaders of workingmen's societies at this time began to advocate united action for the purpose of social and political propaganda. This was one phase of the movement toward a broader realiza- tion of democracy which so peculiarly characterized the third and fourth decades of the past century. The wave of moral sentiment and altruistic feeling which swept over our people in that period and strengthened the protest against slavery was thus reflected in the labor movement of the time. Various co- operative experiments interested the general public and the pro- paganda of idealists wakened a consciousness that social and in- dustrial conditions demanded improvement, but the universality of view entertained by the social reformers of the time deprived them of the advantage of a distinct and definite aim and it re- mained for organized labor to better conditions of employment by striking for shorter hours and higher wages. The agitation for shortening the work day spread over the New England states and over New York, Pennsylvania, and New Jersey. That there was need for this reform is evident from the fact that the work day in general remained "from sun to sun," and there were numerous cases where it was even longer. An interesting resolution bearing on excessive hours was adopted in 1846 by the factory operatives of Peterboro, New Hampshire, who resolved: — "That although the evening and the morning is spoken of in the Scripture, yet in that book no mention is made of an evening in the morning. We therefore conclude that the practice of lighting up our factories in the morning, and thereby making two evenings in every twenty- four hours, is not only oppressive but unscriptural. "' Continuous agitation had secured the adoption of the ten-hour day in the government workshops in 1840, but in private indus- try the prevailing hours of work remained from sun-rise to sun- set. However, the continued agitation of social reformers and the increasing number of successful strikes were beginning to Era^cated, N. T. 1849 ; Address of the Ten Sours State Convention Held tn ■ Boston, Sept. 30, 1852 ; Dixon, J. American Labor; Its Necessities and Pros- • peats, N. T., 1852. 'McNeill, George E. The Labor Movement, —,107 -»-— [41] 42 BULLETIN OF THE UNIVEESITT OF WISCONSIN have their effect on public opinion. The changing attitude ap- pears in the newspaper comment" and in the pamphlet litera- ture of the time. In 1835 a combination of Schuylkill mer- chants, who pledged themselves not to hire laborers unless they agreed to work from sun-rise to sun-set and at a rate not ex- ceeding $1.00 per day, was condemned by a writer of the time on the ground that combinations on the part of employers were as wrong' as those of workmen." That the public were also be- coming more sympathetic tov/ard workmen on strike is indicated by the following quotation fro]n the Rochester Democrat in 1837 : "The excitement among our laborers continues. About 150, yesterday, proceeded to the corps of workmen engaged on the east side of the river . . . and requested them to stop work. They immediately did so, throwing aside their shovels and pick- axes. There is a settled determination among the laborers neither to comply with the temis of the contractors themselves nor to allow others to do so. They cannot be censured for refusing to work fifteen hours for six shillings.^^ In a strike of the miU operatives of Salisbury, Massachusetts, in 1852, the strikers had the sympathetic endorsement of John G. "Whittier, T. "W. Hig- ginson, and other men of influence. In connection with the greater consideration which laborers were beginning to receive ,at the hands of the general public there is also a noticeable change in the tactics adopted by employers to break the demands of their workmen. Conspiracy trials could no longer be de- pended upon to convict striking employees as a matter of course,^^ and the labor press was beginning to give expression to the claim of workmen that they were entitled to some voice in determining the conditions under which they sold their "" For comment favorable to workingmen. see the New York Evening Post, June 1, 1836 ; and the PuWio Ledger, June 2, and July 14, 1836. "New Jersey, Bureau of Statistics. Report, 1885, 272. "Niles Register, July 8, 1837. " For a more liberal line of judicial decisions see : TTiompsonville Carpet Mfg. Co. V. Wm. Twylor, Edward Gorman, and Thomas Norton, Tried before the Superior Court for Hartford County, January Term, 1836. The people of New York v. Jonathan B. Cooper, Kennith Defries, Frederick Brush, Roljert B. Lawton, Blisha, Babcook, Herman Stoddard, John Maroellai, and Sidney Wamdte, (Trial of the Might Journeymen OordwaMers at Hudson,' N. Y.) Court of General Sessions, June, 1836. Commonwealth v. Hunt, 1842, 45 Mass. 111. [43] SCHAFFNEE LABOK CONTKACT 43 labor.i* Employers could not escape the contagion of the new- spirit. They felt the necessity of a new basis of vindication for their part in labor disputes and from this time on we hear much of "the right of the employer to run his own business" and the folly of submitting to "outside dictation" in managing "his own affairs. ' ' This new attitude was taken in the strike of the Salisbury mill operatives, before alluded to. A conciliatory letter proposing a compromise on the part of the operatives was thus answered by the mill agent: "I cannot consistently accept the proposition . ♦ . . for a settlement of the difficulties now existing. . . The company in whose behalf I act can- not allow any dictation in regard to the rules and regulations by which they will be governed in the management of their mills ; and deprecating, as they do, all combinations by the operatives to resist their authority, . . . they have come to the conclu- sion that when the machinery is started, be it now or at any future time, it must be by men who have had no participation in the late movements to resist their authority. "^^ The operatives finally found other employment and the mill owner-s reopened their factory with foreign laborers. "We have here a ease where the operatives were too independent to submit and the employers were strong enough to resist the demands of their workmen, but not without great financial loss and the serious crippling of their business. Numerous strikes for shorter hours and better wages, — and occasionally for the enforaement of union rules, — continued throughout the fifties. Sometimes the strikers were successful, but more often they were unable to enforce their demands. But more important than any immediate success as regards hours or wages was the development within the trade unions them- selves. We have already noted the tendency which appeared in the early thirties, toward a closer union of the various trade organ- izations in the same locality. "The General Trades-Union of " See the National Laborer for June 18, and 25, 1836 for criticisms on tlie aecision of tiie Court in The People v. Faulkner et al. (Trial of the Twenty- one Jowneymen Tailors of the Oity of New York, Court of Oyer and Ter- miner, 1836.) " Massacliusetts, Bureau of Statistics of Labor, 11th Animal Report, 1880. Strikes in Massachusetts, 1830-1880, Reprint, 13. [43] 44 BULLETIN OV THE TJinVEESITY OF WISCONSIN the City of New York" was active in 1833," and a general trades-union of the mechanics of Boston was formed in 1834." Associations including the workmen within wider limits also appeared a,t this time. The "New England Association of Farmers, Mechanics, and other Workingmen" was organized in 1831,^* and the "New England Workingman's Association" in 1845.1° Other organizations of a similar character sprang up all over the northern states, and in 1845 representatives from the "New England Workingmen 's League," the "National Re- form Association of New York," and other similar organiza- tions, met in an "Industrial Congress" in New York.^* But while these general associations served a useful purpose ia bringing workingmen and social reformers together, and en- abled them to act together in the interests of social and political reform, this form of organization was adapted rather to poli- tical than to industrial cooperation, and as the development of transportation and communication widened the limits of the competitive field in the same industry, the necessity of a closer union of the local organizations in the same trade made itself felt. The adjustment of disturbed relations between employer and employee in industries which extended their operations over wide competitive areas brought workingmen to a realization of their close interdependence upon each other. This conviction held largely imconsciously was reflected in the development of labor organizations. Prom the early fifties until after the Civil "War the most characteristic feature of the labor move- ment was the federation of local bodies into organizations cover- ing larger territorial areas. The general outlines of this de- velopment indicate the organization of labor along lines which enabled it to approximate to a limited degree the previous con- centration in industry. This was shown more especially in the rapid evolution of national labor organizations through the fed- eration of local unions based upon the idea of trade autonomy, ,^ "Ely, Richard T. The Lal)or Movement im America, 43. , " McNeill, George B. The Laior Movement 82. 'Ely, Richard T. The Labor Movement in America, 50. " McNeill, George B. The Lalor Movement . loi "Ibid. 104. [44] SCHAFFNEE LABOB CONTEACT 45 thus bringing within a unified jurisdiction groups of laborers ■engaged in similar industries within possible competitive limits. The movement toward the organization of national and inter- national trades-unions is illustrated during the fifties by the formation of many strong societies. A "National Convention ■of Journeymen Printers" met in New York in 1850. The fol- lowing year they met again, and in 1852 they formed the per- manent organization now known as the "International Typo- graphical Union." The "National Trade Association of Hat Finishers" was organized in 1854,^^ the "National Cotton Mule Spinners Association of America" in 1858,^^ and the "National Union of Iron Holders" in 1859.^* Other trade organizations which had reached considerable memberships followed the ex- ample set by these unions and united into national associations. It is interesting to note how the older trades first attained to national organization; we shall find later on that they also led in the development of boards of arbitration and conciliation, and, eventually, in developing systems of collective bargaining. , The period closing with 1860 was a period of weak organi- zations. For three decades there had been a considerable de- velopment of trade-unionism, but the transference of produc- tion from the worl?shop to the factory had gone on with such rapid strides that the consequent changes in the relative strength ■of employer and employee left the latter in an unfavorable position. The conditions of employment were usually fixed by the employer, and the continuous struggles of workmen to bet- ter their own condition were generally unsuccessful and fre- quently resulted disastrously to their unions. However, the series of unsuccessful strikes had taught the necessity of closer cooperation. Instead of being baffled by continuous defeats the unions of the time evolved the National form of trade organiza- tion and thus put themselves on a basis for collective action in future disputes. ^ National Trade Association of Eat Finishers' Proceedings Special •Convention 1882, 1. "National Cotton Mule Spinners Association of Amerioa, Constitution and General By-Lams, 1890, 1. "Sylvls, WiUlam H., President of the Iron Molders' International Union, Annual Report. In Proceedings of the Eighth Annual Session . . . 1867, 10. [45] 46 BULLETIN OF THE TJNIVEKSITT OF WISCONSIN" Development of Large Industries (About 1861-1886.) The concentration of our industries in large establishments proceeded at a rapid rate during the Civil War. The adoption of im- proved machinery, to take the place of labor withdrawn by the war, necessitated a greater division of labor and the reorgan- ization of separate industries on a larger scale. The develop- ment of transportation and communication had widened the lim- its of the competitive field, and the concentration of wealth had put large masses of capital under the same management. Em- ployers of labor had great resources at hand and great interests at stake. On the other hand, the men who had returned from the war to take up work in shop or factory were more than ever ready to wager a trial of strength to gain new concessions from their employers. Labor organizations increased rapidly ia membership. The New York Tribune of April the thirtieth, 1867, estimated that there were 30,000 men in "workingmen's societies" in New York City alone, and that Brooklyn and other adjoining towns would furnish 20,000 more. The organization of labor in other industrial centers kept pace with the move- ment in New York City.^ From 1860 on, the distinction between organizations holding^ to trade autonomy and those including members of all crafts, in the same Locals, became marked. After the war there was again a tendency toward labor organizations based upon the idea of political and social propaganda for the advancement of the working classes and numerous labor orders and societies of this nature sprang into existence. The remarkable concen- tration of industry during and immediately following the Civil , --■^?I "Wide-spread interest in labor questions is reflected in contemporary \^ pamphlets and books. See : Hours of Labor, Xorth American review, Janu- ^ ^.ary, 1863; The Labor Question, Extracts, Magazine Articles, and Observations Relating to Social Science ami Political Eoonoiny as Bearing upon the Subjects of Labor, Tra4es-Vnions, Co-operative Societies, Chicago, 1867 ; Winn, A. M. Address before California llcchanics' State Council. June 3, 1870, on the Bight Hour Law, Sau Francisco, 1870 ; Johnson, S. Labor Parties and Labor Reform, Boston, 1871; Address from Friends of the Workingmam, Boston, 1872; Green, B. B. The irrepressible Conflict Between Labor and Capital, Phila. 1872 ; Larned, J. N. Talks about Labor, and Oonoeming the Evolution of\ Justice between the Laborers and the Captalists, N. T. 1876 ; Hughes, T. The Labor Question and Oiher Vital Questions, N. Y. 1877; Kilgore, D. Y. Oration July 1), IS',9, at the Eight Hour Demonstration, Philadelphia, From "The Trades," Philadelphia, Nov. 8, 1879 ; McAulefE, J. Address on Labor against the Eight Hour Movement, From Chicago Times, Sept. 1, 1879. [46] SCHAFFNEE LABOK CONTEAGT 4< War brought organized labor face to face with new aggregations of power with which it seemed inadequate to deal. The storm and stress of the occasion thwarted the aims of the opportunist for industrial amelioration; the time for the idealist with far- reaching plans of social regeneration was rife. Accordingly the idea of trade autonomy was for a while eclipsed by the num- erical strength of those who emphasized the idea of the solidarity of labor and who hoped to secure better conditions through general political and social agitation. A large number of socie- ties holding to the latter idea made their influence felt in the period following the war, but by 1880, the Knights of Labor were the only ones which retained any considerable member- ship.^^ The general philosophy and aims of these labor orders is shown in a long preamble to the Constitution of the Sovereigns of In- dustry which reads in part as follows: "The laboring classes include the most numerous par-t of the people in civilized society. On their toils and worth the social welfare of society ultimately rests. Their redemption from wrong and suffering is of corres- ponding importance. . . . Therefore knowing that in society as well as in nature, the organized forces and elements appro- priate and control the incoherent ones, that power is not only wielded but engendered by union and cooperative exertion, we institute the Order oi the Sovereigns of Industry, for the pur- pose of overthrowing these evils, elevating the character, im- proving the conditions, and, as far as possible, _ perfecting the happiness of the laboring classes of every calling, and thus doing our part toward the redemption of the world. The Order will aim to cultivate in its members generous sympathies, sound- ness of thought, comprehensiveness of policy, and a supreme re- spect for the rights of others, with an inflexible determination to maintain their own, while for labor it will seek to secure full and free opportunites. . . . We wage no war with persons or classes, but only with Wrongs, discords, and hardships, which have existed too long. . . . We abhor every scheme of arbi- '^ Amonig the organizations of this kind may be mentioned : The National Labor Union, the National Union of Farmers and Mechanics and all Laborers, the Industrial Brotherhood, the Sovereigns of Industry, and the Junior Sons of '76. [47] 48 BtTLLETIN OP THE UNIVEESITY OE WISCONSIN trary agrarianism or violence; and shall use only such instru- mentalities as are sanctioned by demonstrated principles of moral philosophy and social science, the nniversal interests of humanity, and a philanthrophy . . . above all distinctions of class, sex, creed, race or nationality."^* There can be no doubt but that these organizations were adapted to political agitation and to general social reform, and this seems to have been the object of many of the "labor orders" which sprang into existence soon after the Civil War. While this was all very well, the times demanded an extension of specific industrial rights for laborer's, and, to secure these, the organizations holding to the lines of trade autonomy had the more efficient organizations. With concentration in industry organization based on trade autonomy is necessary for effective systems of collective bargaining and, throughout all the varying phases of trade-unionism in the United States, collective bar- gaining is the point toward which organized labor has been tending. Accordingly as the lines of industrial organization became more clearly defined and as labor disputes brought em- ployers and employees in the same industry face to face with specific conditions there was a gradual extension of the old idea of organization based upon trade autonomy. From 1860 to 1881 the work of organizing local into National and International unions went on. Among the organizations so established during this period were: — the Brotherhood of Locomotive Engineers, founded in 1863; the Cigar Makers' Na- tional Union, organized in 1864; the Glass Bottle Blowers' As- sociation, and the Bricklayers' and Masons' International Union, both established in 1865 : the Order of Eailway Conductors, in- stituted in 1868; the Brotherhood of Locomotive Firemen, and the German- American Typographia, both dating from 1873 ; the National Union of Horseshoers, founded in 1874; the National Marine Engineers, established in 1875; the Amalgamated As- sociation of Iron and Steel Workers, formed in 1876 ; the Gran- ite Cutters' National Union, organized in 1877 and the Flint Glass Workers Union, established in 1878. The establishment of the Federation of Organized Trades and Labor Unions in ^'■Sovereigns of Industry, Constitution 1874, 1-2 [48] SCHAFFISiEE LABOE CONTEACT 49 1881 gave a further impetus to the organization of national and international unions. The Brotherhood of Carpenters and Joiners and the International Brotherhood of Boiler Makers and Iron Ship Builders were formed in 1881, and the Operative Plasterers' International Association in 1882. The Brother- hood of Railroad Trainmen, the Journeymen Tailors' National Union, the Lithographers' International Protective and Bene- ficial Association, the International "Wood Carvers' Association, and the Mosaic and Encaustic Tile Layers all date from 1883. In 1886 the Order of Railroad Telegraphers, the Switchmen's Mutual Aid Association, the Metal Polishers' Buffers', and Platers' International Union, the Bakers' and Confectioners' International Union, and the United Brewery Workmen were added to the list of trades organized into national or interna- tional bodies. Other trade organizations might be added to the list given ; those named suffice to show that the two decades fol- lowing the Civil War saw not only the development of large industries which extended their operations over the entire na- tional area but that workmen were also beginning to recognize the necessity of broader organization. taie characteristic feature of the labor movement during the two decades following the Civil War was the intense bitterness ex- cited in strikes^^ in which each side insisted on enforcing one- sided demands. With the captains of industry strong in the vantage ground in which the trend of events had placed them, and organized labor strong in the confidence which invariably follows new organization, there was bound to be a clash of in- terests. An epidemic of strikes and lockouts broke out all over the United States and until well into the eighties a period of storm and stress held sway in most of our industrial centers. The most serious troubles were the strikes in the coal mining regions of Ohio and Pennsylvania which continued almost with- out interruption from 1869 to 1881, and the great railroad strikes of 1877. Riot, and destruction of lives and property, ''' Pennsylvania, State Legislature, Joint Committee anpointed in 1878 to •'examine Into all the circumstances attending the late disturbances of peace known as the railroad riots . .". For extensive extracts from the report of this committee see Pennsylvania, Bureau of Industrial Statistics,' Beport, 1880-81, 322 ff. 4 [49] MiOI^RTY OF LIBRARY WW YOI«( STATE mmi G'723G CORNELL UNIVERSITY 60 BULLETIN OF THE UNIVERSITY OF -WISCONSIN and the intervention of the military power of the states and the federal government figured in these labor troubles and made them the most disastrous as well as tragic of any in our his- tory.^'^^'jBut even in the less disastrous strikes and lockouts there was an intensity of feeling and a determination on both sides to win at any hazards which would stamp this period as one of industrial turbulence even were the mining and railway troubles eliminated. Disputes which resisted all attempts at settlement until they resulted in the destruction of the local union or the bankruptcy of the employer were of frequent oc- currence. In 1863, a wool hat manufacturer of Brooklyn became a bankrupt through his effor-ts to break up the local union of the "Wool Hat Finishers' Association.^" On the other hand, in the same year, manufacturers in hyan and Charleston, Massachu- setts, succeeded in breaking up the local unions of the Morocco Finishers who had gone on strike for the purpose of enforcing union rules. In 1867, the local union of Iron Molders at Pitts- burg was completely broken up. Endorsed by the Molders' In- ternational Union they went on strike against a 20 per cent re- duction in wages. Donations to the amount of $40,000.00 from the International Union and from outside sources enahled them to hold out, and they expended $18,000.00 in building a foundry to be run on the cooperative plan. The enterprise was a fail- ure and at the end of nine months they returned to work for their old employers on the condition that they would sever all connection with their union.^° In a strike of coal miners at Braidwood, Illinois, in the same year, Bohemians and ItaUans were imported to take the place of the strikers ;^^ and in 1870, in a shoe factory in North Adams, Massachusetts, the proprietor " For contemporary statements see : Dacus, J. A. Annals of the Great ^trlJees in the Umted States; a ReliaMe History aftiJ GrapMo 'D'vsdription of the Causes and ThraUng events of the LaTior Strikes and Riots of 1877, "'-^, Chicago, 1877 ; Martin, E. W. History of the Great Riots: Being u. Full and Authentic Account of the Strikes and Riots on the Yarious Railroads of the United States in the Mining Regions . . . together with a Full History of the MolUe Maguires. Philadelphia, (1887) ; Philadelphia and Reading Rail- road Co. Statement to the PuMlo, 1877. 21 McNeil!, George B. The Lahor Movement, 394. =» Massachusetts, Bureau of Statistics of Lahor, Eleventh Annual Report 19. » McNeill, George E. The Later Movement, 258. [50] SCHAFFNEE LABOE CONTEACT 51 imported Chinese to take the place of his former employees who insisted on belonging to the Order of St. Crispin, a strong or- ganization of boot and shoe workers at that time.^'' These il- lustrations are merely typical of hundreds of disputes which were being waged in practically every large industry in the country. The records of the Sons of Vulcan show that there were 87 legalized strikes within their jurisdiction from 1867 to 1875. From 1871 to 1875 there were 78 strikes under the aus- pices of the Cigar Makers' International Union; and in his annual report for 1879, the president of the Amalgamated As- sociation of Iron and Steel Workers said: — "The history of the association furnishes no parallel to the past year for strikes and disputes. We have not been without a strike for a single day in the year." There is no doubt but that both parties to all of these controversies have sufficient grievances to justify their action in their own eyes. Meanwhile the general public suf- fered. The strikes and lockouts which characterized this period were mainly fought out in industries which had advanced to a marked degree of concentration. Gradually the working men learned the necessity of adjusting their organizations to the, exigencies which confronted them and the development of strong trade unions to offset the strength of the employer at the head of a consolidated industry finally brought the contending parties to the point where sheer exhaustion compelled them to meet each other in a business-like way for the settlement of disputes in joint conferences. Through hard-earned experience the mut- ually exhausted parties began to reach the stage where they were able slightly to appreciate each other's view-point. Even in the early part of this period the uncompromising attitude of employers and employees occasionally gave way to reason and mutual concessions, and we can trace back many of our systems of collective bargaining to their small beginnings, in the appointment of conference committees during this period of storm and stress. The various devices which had been adopted before 1886 to secure concert of action between employers and employees served =" Massachusetts, Bureau of Statistics of Labor, Eleventh Annual Report, 28. [51] 52 BULLETIN OF THE UNIVEESITY OF WISCONSIN to open the way for the systems of collective bargaining which have been developed since that time. The Federation of Organ- ized Trades and Labor Unions,^^ established in 1881, also helped to strengthen the separate unions in their efforts to combine the workmen of the several trades into effective organizations for collective action. It must not be forgotten that the systems of collective bar- gaining established before 1886 were of a tentative, rather than of a permanent, nature. But the important thing to consider is that our older industries had reached the stage where it was possible for representatives of employers and employees to con- fer with each other in a business-like way. A feeling of mut- ual respect and a willingness to make mutual concessions was also coming into evidence and presaged the possibility of more harmonious relations for the future. Testimony to this new spirit in industry was given by Abram S. Hewitt, vice president of the Iron and Steel Manufacturers' Association, in a lecture which he delivered in Cincinnati in the spring of 1882. In speaking of labor organizations, Mt. Hewitt said: — "Labor is thoroughly organized and marshalled on the one side, while capital is combined on the other. . . . The contending forces are thus in a condition to treat. The great result achieved is that capital is ready to discuss. It is not to be disguised that until labor presented itself in such an atti- tude as to compel a hearing, capital was not willing to listen, but now it does listen. The results already obtained are full of encouragement: the way to a condition of permanent peace appears to have been opened.'"* Mr. Hewitt's statement pre- sented a concise view of the position to which labor and capital had attained in our older industries; but it was far from rep- resenting the condition of affairs on the whole. Similar con- tests to those which had been fought out by the older unions continued in industries which were still in an earlier stage of development. However, the development of boards of arbitra- tion and conciliation within the trade proceeded at such a rapid rate in our older industries that the movement toward col- s' Reorganized as the American Federation of Labor in 1886. " Quoted In tlie Cigarmakers OfUcial Journal, April 15, 1882. [53] SCI-IAFFNEE LABOB CONTEACT 53 leetive action and the development of systems of collective bar- gaining became the characteristic features of the labor move- ment for the next two decades. Larger Scale ProdMcUon. (About 1886-1902.) The last two decades of the 19th century were marked not only by continued concentration in industry, but also by the integration of allied industries into consolidated business units. The effect upon labor organizations early became apparent. The concentration of industry into larger and larger business units extending over constantly widening competitive areas favored the organization of labor along the lines of trade autonomy and resulted in the formation of national and international unions. This form of organization protected both employers and employees from competitive pressure where both parties felt it keenly. On the side of labor widely extended organization based on trade au- tonomy lessened the competition of workingmen in the same employment while for competing employers conditions were more nearly equalized as regards the cost of labor. After 1886 marked progress was made in perfecting the sys- tems of collective bargaining established in our older indus- tries and joint conference committees also developed in some of our newer industries which have shown a tendency toward rapid concentration or which employ large bodies of workmen under the same general management. Where the conditions of industry admit of wide-reaching organization and collective action on the part of both employers and employees local sys- tems of collective bargaining have shown a tendency to de- velop on a national scale. If the history of our older indus- tries has any significance it is only a question of time until the informal conferences and the temporary arbitration committees now found in our newer industries will develop into regular joint conference systems. We thus pass from the stage of individual industry and indi- vidual contract to the stage in which reciprocal rights and obli- gations in the employment relation are largely determined through wide-reaching systems of collective bargaining. Gradually, the stage of individual industry has given way [53] 54 BULLETIN OF THE UNIVEESITY OF ■WISCONSIN to that of organized industrial activity. More slowly the indi- vidual labor contract is giving way to the collective agreement. Still more slowly, but yet withal surely, an awakening public conscience is beginning to recognize that ethical ideals in in- dustry can be realized only when reciprocal rights and obliga- tions between employer and employee are constantly adjusted to an ever changing and expanding industrial life. [54] SCHAPFNEE LABOR CONTEACT 55 CHAPTER III FROM INDIVIDUAL TO COLLECTIVE BARGAINING Stages in the Development of Collective Action Summary of the General Movement The close connection between the change from the individual workshop to large scale production and the change from the indi- vidual contract to collective bargaining is apparent even in a brief survey of our industrial history. The general features of this development are at times plainly outlined by a succession of events all tending to emphasize the prevailing tendency of the period. Again they are obscured by a mass of divergent interests and conflicting phenomena which seem to defy any attempt to characterize prevailing conditions. Yet throughout aR the succession of events there is found active the principle of organization which gradually transformed a simple domestic system into a complex industrial society. The successive stages in the development of collective action between employer and employee attain a new significance when viewed from the standpoint of the evolution of industry. Viewed from this standpoint we no longer look upon industrial society as fixed in rigid grooves of custom and tradition but as respond- ing to forces which bring about constant modification. In the process of adjustment the stress of the occasion may cause the destruction of worn-out forms and inadequate philosophies, but adjustment is the price which must be paid for the sake of a more complete economic life. In the evolution from a simple to a complex economic life, indi^istrial society in the United States has had ample oppor- tunity to test its capacity for adjustment to changing conditions. That this adjustment has at least in art taken place, a brief sum- [55] 56 BULLETIN OF THE UNIVEKSITT OF WISCONSIN mary of changes affecting the employment relationship will indi- cate. Customary Begulation. Beginning with the period of indi- vidual workshops under domestic industry, the employment re- lationship was defined by the individual contract. Customary regulations protected the interests of master and workman and the rights and obligations of each were usually adjusted in the light of reciprocal advantage. The Beginnings of Orgamzaiion. (About 1796 — 1830.) With the growth of the factory system and the consequent organiza- tion of our industries on a larger scale, the old personal rela- tionship between employer and employees gradually disappeared. Competitive conditions began to bear heavily upon employers and the reduction of wages offered a tempting field for economies in production. Employers inclined to continue customary con- ditions had to meet the competition of other employer-s in the sale of their product, while the workman long secure in the market for the sale of his labor began to feel the pressure of the competition of workers available from larger competitive areas. This two-sided competition changed the old condition of pro- duction and disturbed the customary relations between employer and employee. Confronted with the new conditions, the work- men of the time sought to realize some of their old time strength and importance by united action against common grievances. Largely unconsciously to meet the exigencies of particular occa- sions, workingmen developed the rudiments of organization. The development of labor organizations as militant bodies for the purpose of securing a larger share in distribution can usually be traced in particular employments to periods in which cus- tomary conditions were disturbed by concentration in industry. Weak Organizations. (About 1830 — 1861.) The extension of the competitive field through the development of transportation and communication widened the scope of operations for the successful employer while the relative position of employees in such industries was weakened. The subsequent organization of local into national bodies on the part of trade unions again [56] SCHAFPNEE LABOR COKTEACT 57 helped to equalize conditions in our larger industries and put labor into a more advantageous position for bargaining with employers. Orgamzation and Conflict. (Alout 1861 — 1886.) The rapid growth of industries after the Civil War and the consolidation of separate plants into single business units confronted labor unions in their efforts to secure a larger share of the output. With strong organizations on both sides a period of storm and stress invariably followed the attempt of either side to gain any advantage. New factors which made conditions more difficult for both sides were also making themselves felt in industry. Employers were hard pressed by ruinous competition in prices, while laborers were threatened with a lower standard of life from the pressure of foreign immigration. The difficulties of the situation led employers to resist what they deemed untimely "interference with their own business" by labor organizations while employees backed up their demands with wide-reaching strikes. The uncompromising attitude of both sides in the em- ployment relationship resulted in strikes and lockouts which characterized this entire period as one of unusual industrial turbulence. Employees denounced combinations of capitalists for "conspiring to destroy labor." Employers refused "recog- nition" to unions which were constantly growing more insistent in their demands. Recognition. (About 1886-1902.) Nevertheless, organization on both sides continued and, finally, after each side had learned the strength of the other through hard-earned experience, the two parties to the labor contract reached the point where they were ready to treat with each other on a basis of mutual respect. Joint conference systems developed in numerous industries which had reached the stage of large scale production, — ^wide-reaching industrial organization on the part of employers gradually bringing them to the view-point where they were willing to concede a measure of organization to employees. A striking feature of the last two decades of the nineteenth century was such an extension of labor organization over wide competitive areas that employers were in their turn outclassed [57] 68 BULLETIH" OF THE TJNIVBESITY OF WISCONSIIir in many industrial disputes on account of the compact organi- zation of entire groups of laborers in similar industries. Tliis wide-reaching organization of employees bound together by various ties of amalgamation and federation encouraged a corre- sponding development of employers' associations organized for the express purpose of meeting the strength of organized work- ingmen in determining the conditions of employment. This final development of federated groups of labor, organized pri- marily along tL^ line ^f trade autonomy with a secondary or- ganization of groups of allied workers in the same industry for the purposes of collective bargaining, brings us to the most characteristic tendency of the labor movement of the present day. However, a comparative analysis of labor organizations in different industries brings us face to face, with the fact that it is only in our older industries that this complex form of organi- zation has been quite generally evolved. Comparison of Trades in Various Stages The various forms of collective action existing in our indus- tries at the present time portray every stage of development. Certain trades are entirely unorganized, others have reached the stage of strong local organization, while still others have de- veloped collective bargaining upon a national scale. In a still further stage of organization are those complex systems whether local or national in which the form of bargaining has united the characteristic features of both trade autonomy and industry autonomy into a federate or group autonomy. This method of bargaining, adapting itself to the prevailing form of organiza- tion in industry, is found especially weU developed in the print- ing and in the building trades. In the printing trades the splitting^ off of specialized groups of workmen from the parent body of the International Typo- graphical Union gave rise in turn to separate unions for print- ing pressmen, for bookbinders, and for similar groups. These special organizations while having many separate interests, still retain many matters in common with other crafts in the print- ing industry and on the basis of these common interests they have entered into agreements in which common interests are [58] SCHAFFNEE LABOE CONTEACT 59 settled while separate matters are left for separate adjustment by each craft. In the less specialized stage of printing, one organization based on the idea of trade autonomy was inclusive enough to unite practically all the workmen in the industry. With the separation of processes in the trade new crafts arose and on the basis of common interests new unions were formed; but the industry itself, while constantly differentiating into various de- partments, still presented business units within 'which the various processes were grouped under unified ownership, and so the separate unions formed on the ground of the differences in their several crafts were obliged to re-unite to meet the strength of common employers in bargaining. This development in the printing industry shows trade au- tonomy and industry autonomy merging into a more complex group autonomy in which the principles of both ideas are united for effective collective bargaining. The building trades afford another illustration of the organi- zation of labor primarily along trade autonomy lines with a secondary organization of groups of allied trades into councils which aim to cover the main operations in the entire building industry in a given locality. The printing and building trades are merely typical illus- trations of labor organizations adapting themselves to complex conditions. Where industrial organization has become highly specialized and complex, trade autonomy and industry autonomy have shown a tendency to merge into the more highly organized form of group autonomy. Among other wide-reaching systems of collective bargaining are those found in the metal and machine working trades; in transportation; in mining; in the glass and pottery trades; in wood working; in the textile, clothing, and allied trades; in cigar making and tobacco working; in retail clerking; and in about a score of miscellaneous trades the chief of which in- clude the following workmen : bakers and confectioners, brewery workmen, butchers and meat-cutters, electrical workers, hotel employees and bar tenders, leather workers, stationary firemen, horse shoers, team drivers, letter carriers, stage employees, mu- sicians, and newspaper writers. [59] 60 BULLETIH" OF THE UNIVBBSITY OF WISCONSIN" The systems of bargaining for these various groups differ as greatly as do the industries within which they are found. Confronted with this fact the question arises, v/hat is the basis upon which these varying forms of organization rest 1 Why do certain industries present wide-reaching systems of bargaining in which employer and employee meet on the common basis of thorough organization on each side while others have developed but fragmentary forms of collective action ? Again, why do cer- tain industries retain the individual form of contract long after concentration in industry enables the employers to act collec- tively in determining the conditions of the labor contract 1 Or, why does the opposite condition prevail in certain industries where strongly organized unions are able to fix conditions of employment without due consideration to the rights of em- ployers? Why is the degree of organization in many indus- tries so unequal, as between employer's and employees, that bar- gaining upon the basis of mutual rights and obligations is im- possible? Accurate conclusions on these questions cannot be reached without a comparison of the various stages of collective action in separate industries. Stages of Collective Action in Separate Industeies While the close connection between the organization and con- centration of industry and the evolution of collective action on the part of labor is apparent even in a general historical survey of our industrial development, the real significance of the changes in the labor contract does not appear unless those changes are co-ordinated with the development in our separate industries. If there is any one thing above all others which a careful study of our industrial history reveals, it is the fact that our different industries have been developed at different periods in our national life and that the relation between em- ployer and employee in any industry at any given time has in a large measure been dependent upon the stage of development which that particular industry has reached. While there is a general chronological development, one might as well attempt to assign the stone age in the industrial evolu- tion of different races, to the same chronological time as to [60] SCHAFFNEE LABOR CONTEACT 61 attempt to fix chronological periods for the entire group of our industries in their separate development from individual toward collective action. This becomes apparent when we remember that our different industries have presented the various stages of progress, from individual to associated action, in practically every decade of our history. Even in the early stages of our history we have found cer-tain industries in a relatively high state of organiza- tion, and in succeeding decades we find industries in their in- fancy along with those which supply the markets of the world. Corresponding with this variety of industries, we have found a diversity of relations between employers and employees. This diversity existing in our different industries at the same time has tended to obscure the general trend of progress in the em- ployment relationship. Where all the various stages of develop- ment are found co-existing, it is difficult to distinguish the older from the newer phases, and the process of our growth has been so complex that an historical analysis is necessary to reveal the trend of our industrial forces. Yet when we trace the changes in the labor contract in its transition from an individual to a collective basis and co-ordi- nate those changes with the corresponding changes as they took place in our separate industries, we find that throughout all the succession of events there is a general thread of connection which not only suggests but compels a recognition of a causal connec- tion between the transition from individual to organized in- dustry, and the change from the individual contract to collective bargaining. This dependence of collective bargaining upon in- dustrial development is illustrated over and over again in the histories of our various industries. "We thus find a basis in in- dustry for the changes in the employment contract. Printing. In the printing industry the nature of the work early required the setting up of regular establishments where groups of laborers were employed. Organization accordingly- developed readily among the journeymen. An account of the annual meeting of the Philadelphia Typographical Society given in the Philadelphia Aurora in 1803 indicates that there was a numerically strong society of typographical workers in that [61] 62 BtTLLETIN OF THE UNIVEESITY OF WISCONSIIT city at that date.^ The New York Typographical Society founded in 1809,^ was a strong factor among printers in New York City for more than a decade. After its incorporation in 1818, it retained its beneficial features but relinquished active aggression in trade matters.^ In 1831 followed the organization of the Typographical Association of New York, a society de- voted more especially to trade interests. Organization among printers extended rapidly throughout the country and local societies seem to have sprung up wherever the printing industry flourished.* As early as 1816 an attempt was made to unite the typographical unions in various parts of the country into a "National Union" but on account of objections by the societies 6f Boston and Philadelphia the plan was not completed.* Finally in 1852 the International Typographical Union was es- tablished.^ The rapid development of the printing industry is evidenced by newspaper comment on the growth of various printing estab- lishments. In commenting on "printers' enterprize," the Bos- ton Transcript of July 8, 1833, quoted the New York Gazette to the effect that in the establishment of the Harpers of New York there were seventeen presses and one working by horse power equal to the work of sis or seven common presses and that the persons employed in their stereotyping, printing, and book binding department numbered one hundred and forty : the comment concludes with the statement, "it was but a few years since the Harpers were journeymen printers." Continued con- centration in the printing industry throughout a half century • PMladelpMa Aurora, Nov. 6, 1803. ^ See preface to Constitution, By-lams, and Rules of Order of fhe New York Typographical Society, Revised March, 1887, New York. 1887. » See the corporate charter granted to the Society by the New York Legis- lature In 1818. * In 1822 a typographical society in Albany, New York, struck on account of the employment of a "rat" in one of the printing offices. See Ely, The Labor Movement in America, 39. In 1832 there were at least two typographical societies In Cincinnati, Ohio. The national Intellig'encer of Mar. 9, 1832, in speaking of the members of the typographical societies at Cincinnati said, — "the workies" had planned to give the annual dinner for their societies at $2.00 per platei, but instead donated ^ Union Printer quoted in the Cigarmakers' Official Journal, May, 1888. » International Typographical Union Official Program, and Souvenir, Golden Jubilee Convention, Cincinnati, Aug. 11-16, 1902. [62] SCHAFPNEE LABOR CONTEACT 63 enabled the employer to occupy the vantage ground of greater relative strength in bargaining. For though the organization of employees continued, the development of large establishments gave employers with accumulated capital the ability to with- stand the demands of their workmen. Conflicting interests gave rise to strikes and lockouts and periods of storm and stress usu- ally followed the attempts of either side to gain any advantage. A typical illustration of the attitude of the two sides toward each other is shown by the action of Typographical Union No. 3 of Cincinnati in recommending to the Ohio legislature of 1883 the enactment of the following clause: "It shall be unlawful for any corporation, association, manufacturing establishment, or any person acting for them to demand or receive from laborers, or those who have been or may be in their employ any written instrument or document pledging or attempting to pledge such employees to withdraw from membership in any trade union or labor organization to which they may belong, or in any manner seek to prevent them from becoming members of such organiza- tion. All violations of the above to be punished by fine of not more than $500 nor less than $100." However, during the period between 1880 and 1900 boards of arbitration were developed within the trade and regular scales of prices were established in many localities.'^ In certain large newspaper establishments where the employer bargains as the representative of a consolidated industry in which groups of allied workers find employment, a tendency toward group autonomy has become apparent. This form of organization enables the various groups of workmen in the same plant to maintain the unions developed along trade autonomy lines while it admits of collective action on the part of allied groups when bargaining with a common employer.^ ' See Typographical Union, No. IS, Chicago, Constitution, By-laws, and Scale of Prices, adopted July S5, ISSS; and International Typographical Union, Constitution and Scale of Prices, 1890, Sees. 88, 89, 90. Compare tlie Agree- ment between Chicago Typographical Union Jio. 16, and Allied Printing Trades, and the Inter-Ocean Publishing Company, signed March W 1S99; given In ap- pendix 9. For an Agreement between the American Newspaper Publishers' Association and the International Typographical Union adopted in 1902, see appendix 10. » S«e appendix 9 for a typical example. [63] ■64 BULLETIN OF THE UNIVBESITY OF WISCONSIN The conference" held at Syracuse in 1898 between the com- mittee of the United Typothetae" of America and the shorter workday committees of the International Typographical Union, the International Printing Pressmen's and Assistants' Union, and the International Brotherhood of Bookbinders, to consider the adoption of a shorter workday furnishes an example of an advanced stage of collective bargaining in the printing indus- try. The agreement^^ adopted at this conference shows how groups of allied workers may unite their strength in contracting " See Proceedings of the Conference 'between the United Typothetae of America, the International Typographical Union, the International Pressmen') ■and Assistants' Union, and the International Brotherhood of Bookbinders, Syra- cuse, 1898, for an interesting discussion preceding the adoption of the agree- ment. " The activities of th« Typothetae in several localities are shown in the fol- lowing documents ; Typothetae of Buffalo, Report of Secretary, 1S95-96; Typo- thetae of MilioauJiee, Organized 1886, Constitution and By-laws, Revised United Brotherhood, of Carpenters and Joiners of America, Constitution,' and Rules for Local Unions under its Jurisdiction. Established Aug. n, 18S1, Constitution as Amended . . . 1896/ Adopted by Vote of Local Unions, . . . 'Went into effect Jan. 1, 1897, Phlla. 1897. ^ See Un/ited Brotherhood of Carpenters and Joiners, Report of Secretary, Annual Convention, 1S98. [68] SCHAFPNBE LABOR CONTKACT 69 Early methods for handling trade disputes are outlined in the constitution of the Brotherhood for 1882, article 11, which J reads in part as follows: Section 1. "Whenever a dispute arises between an employer or employers and members of this Brotherhood, the members shall lay the matter before the local union which shall appoint an arbitration committee to adjust the difficulty. Then if said committee cannot settle the dispute the matter shall be referred to the union. If a two-third vote by secret ballot of the members present in such meeting shall decide that the members be sustained, then the corresponding secretary shall be ordered to transmit a detailed account of the grievance to the general secretary and shall forward the same to the executive board for their consideration." Section 2. "In case the executive board shall deem the grievance of suffi- cient character, the president shall send the district organizer to said city and cause a thorough investigation to be made. The district organizer shall transmit a detailed report of his finding to the executive board. If said board deem the griev- ance of sufficient cause . . . they can declare a strike, pro- vided the local union has acted in conformity with Section 1, of this article." Section 3. "The executive board shall then have the power, if they deem advisable, to declare a strike. The General Secretary shall notify the local unions within five days whether the strike or lockout is sanctioned. ' ' Section 5. "In case the executive board fails to sanction any difficulty within five days, the local union can appeal to a general vote of all local unions. The general president shall submit the appeal to a vote to the local unions which shall be returnable within fifteeui days after date of issuing circulars. ... If the appeal ir sustained the general president is to proceed as this constitution directs. ' ' The application of these general principles of the Brotherhood to local conditions is illustrated in the local rules adopted at Cleveland in 1885; article 12, section 1 reads: "When griev- ances arise in shop or on work whether on account of wages or . . . time, or any other cause, the member or members must bring such grievances before the union in writing. If the griev- ance be deemed a just cause of complaint by the union, the President shall appoint an arbitration committee to settle if pes- [69] 70 BULLETIN OF THE XfWIVEESITT OF WISCONSIN sible the matter referred to them and to report at the next stated meeting. The committee failing, the union shall take such course as they may deem necessary. . . . Section 2. It shall require a two-third vote of all members present to adopt measures to obtain a general advance of wages . . . the same vote to accept the least reduction and the secretary shall notify all members at least two weeks previous, when an in- crease or decrease is contemplated." The local agreement in force in Chicago during 1890 between the Boss Carpenters and Builders' Association and the United Carpenters' Council,^^ illustrates a stage of collective bargain- 22 To the Boss Carpenters and Builders' Association and tlie United Carpen- ters Council and Unions by them represented : The arbitration committees appointed by your respective associations, with power to act, with the umpires selected, have agreed, In order to settle the pending carpenters' strike, and also to prevent strike"? and lockouts in the fu- ture, upon the following basis of settlement : 1. That the working day shall be eight hours. 2. That the pay shall be by the hour, and the minimum rate of wages shall be thirty-flve cents an hour until the first day of August next, and from and after that date thirty-seven and one-half cents per hour. 3. That each of the above associations, the Boss Carpenters and Builders' Association and the United Carpenters' Council, shall, at its annual meeting in the month of January, elect a standing committee of arbitration consisting of five members, to serve for one yean ; but each of the present committees on arbitration shall continue in office until the election of its successors in January next. The president of each organization shall be ex-offlcio a member of said committee of five members. He shall be chairman of such committee, and in his absence the committee may delegate one of its members to act in his place ; but the present arbitration committees may elect its own chairman, and the two committees an umpire to act in joint arbitration. Within one week after the election of such standing committee the president of the association shall certify to the other association the fact that such standing committee has been regularly elected, and the names of the members thereof. When notice of the election of the standing committee of arbitration shall have been received by the associations respectively, as soon thereafter as practicable, and in the same month of January, the two committees shall meet and proceed to organize into a joint committee of arbitration by the election of an umpire, who is neither a mechanic nor an employer of mechanics. The umpire, when present, shall pre- side at the meetings of the Joint committee, and have the casting vote on all questions. Seven members, not including the umpire, shall constitute a quorum of the joint arbitration committee, and In case of the absence of any member the chairman of his committee shall cast the vote for such absent member. A majority vote shall decide all questions. The joint committee of arbitration shall hear all evidence of complaints and grievances of a member or members of one association against a member or members of the other ; or of one asso- ciation against the other, referred to it by the president of either association, and shall finally decide all questions so submitted, and certify such decision to the respective associations. Work shall go on continuously and all parties in- terested shall be governed by the award or decision rendered, provided, however, that work may be stopped by the joint order, in writing, of the president of the [70] SCHAFFlirEB LABOE CONTEACT 71 ing in which the "regulations" of the employers and the "work- ing rules" of the employees are modified by mutual concessions and are made the basis of settlement of differences which threat- ened peaceful relations. respective associations, until tlie decision of tlie joint arbitration committee is obtained. The worlsing year shall commence on the first of April of each year and end on the thirty-first day of the next March, and the joint arbitration com- mittee shall have the exclusive power to determine and definitely fix, from year to year, all working rules. It shall have the exclusive authority to determine any and all other subjects in which both organizations are interested wfiich may be brought before such joint arbitration committee by either association, or the president thereof. Working rules are all rules governing employers and workmen at work, such as the establishment of a minimum rate of wages to be paid practical journeymen carpenters per hour ; a uniform pay day ; the number of hours to be worked per day ; the time of starting and quitting work ; the re- muneration for work done over-time and Sundays, and other questions of like nature. The number of apprentices being a matter of joint interest to both journeymen and employers, the joint committee on arbitration shall have power to decide, from time to time, the number of apprentices which employers shall take into service. This article shall be incorporated into the constitution of each association, the United Carpenters' Council and the Boss Carpenters and Builders' Association, with the provision that it shall not be repealed or amended by either association except upon six months previous notice given to the other association, and such notice, it is asreed, shall not be given until all honest efforts to settle the grievance or difficulty shall have been made. 4. FoKEMEN — All working foremen shall be selected by the contractor and shall be his representative, but members of the Carpenters' Council or of any union connected therewith, acting as such working foreman, shall not be subject to the rules of the Carpenters' Council or of any such union, while employed in that capacity, but he shall be entitled to all the benefits of his council fcr union as long as his assessments and dues are paid ; provided, also, that a su- perintendent, inspector or overseer, who does perform the duties and labors of such working foreman, shall not be classed as a working foreman. 5. Appeentices — The members of the Boss Carpenters and Builder's Associa- tion to retain all apprentices now under service ; each contractor to furnish the Carpenters' Council, within thirty days, a list of such apprentices, with a certificate that they were such on May 3, 1890, and until otherwise provided by the committee on arbitration, each contractor to take into service one apprentice each year, but all apprentices desiring so to do shall be permitted to join any association or union of journeymen carpenters. The term for appren- tices to be three years, and no person to be taken as an apprentice who is over nineteen years of age ; provided, however, that nothing in this article shall be construed as interfering with the right of the contractor or employer to teach his trade to his own sons, and they shall not be included in the number of apprentices above provided for. 6. New Memeeks — That the Boss Carpenters and Builders' Association and the United Carpenters' Council and unions they represent shall, until the first day of June next, admit any person of good character to membership on the same terms as their present constitution and by-laws now provide. 7. JonENEYMBN — The Carpenters' Council will furnish journeymen to any contractor or association of contractors who will sign a written agreement that the party applying for journeymen will in his work adopt the 8-hour workday, and pay at least the minimum rate of wages agreed upon between the Boss Carpenters and Builders' Association and the United Carpenters' Council, and [71] 12 BULLETIN OF THE TJNIVEESITT OF "WISCONSIN In the platform of the Carpenters' and Builders' Associa- tion of Chicago^^ in 1891 the employers set forth the following purposes of the organization: "We, the master carpenters and manufacturers of wood building materials, of Chicago, for the purpose of uniformiiy of action in regard to matters involving our mutual interests do hereby form ourselves into an associa- tion and adopt the following constitution and by-laws. . . . "We affirm that absolute personal independence of the indi- vidual to work or not to work, to employ or not to employ, is a fundamental principle which should never be questioned or assailed; that upon it depends the security of our whole social fabric and business prosperity, and that employers and work- men should be equally interested in its defense and preser- vation. We recognize that there are many opportunities for good in associations of workmen, and while condemning and will in all respects abide by and conform to the working rules adopted by said associations ; also, that such party will abide by any agreement, decision or award made or to be made by the joint arbitration committees of said two as- tsociations ; also, that in case of any difficulty or trouble arising in the prosecu- tion of any work that cannot be settled by the working foreman and employer, such difSculty or troub'e shall be referred to said joint arbitra,tiou committee, and all parties shall abide by its decision or award. 8. Working Roles — The following working rules, to he enforced until tlie joint committee on arbitration shall fix others, are adopted : 1. Bight hours shall constitute a day's work, beginning at 8 a. m. and end- ing at 5 p. m., but the noon hour may be curtailed by special agreement between the foreman (or contractor) and a majority of the workmen, but not in such a way as to permit more than eight hours work between the hours above named. 2. Overtime shall not commence before 6 p. m. and shall end not later than 7 a. m., provided, however, that in cass of necessity, by agreement between a majority of the workmen and of the working foreman or contractor, work may continue from 5 p. m. without taking the supper hour from 5 to 6 p. m. 3. The minimum rate of wages for the present working year shall be, until the first day of August next, thirty-five cents per hour ; from and after that date, thirty-seven and one-half cents per hour. Overtime shall be rated and paid for as time and one-half, and Sunday work as double time. 4. All journeymen carpenters shall receive their pay as often as once in two weeks, but when a journeyman is discharged he shall be paid at the time of his discharge. J. W. Walker, Chairman, James Smith, Secretary, Eugene Brown, Paul Mathl- son, Chas. King, P. G. Lamoreaux, Arbitration Committee of the Boss Carpenters and Builders' Association. R. H. Hassell, Chairman, W. S. Weeks, Secretary, James Morahan, James A O'Connell, Alfred Williams, J. G. Ogden, Arbitration Committee of the United Carpenters' Council. M. P. Tuley, George Drlggs, S. P. McConnell, Umpires. = Also compare Carpenters and Builders' Association of Chicago, Offlaial Di- rectory. Constitution, By-Laws, etc. Chicago, 1892-99. [72] SCHAFFNEE LABOE CONTEACT 73 opposing improper action upon their part, we will aid and assist them in all just and honorable purposes ; that while upon funda- mental principles it would be useless to confer or arbitrate, there are stiU many points upon which conferences and arbitra- tions are perfectly right and proper and that upon such points it is a manifest duty to take advantage of the opportunities afforded by associations to confer together to the end that strikes, lockouts and other disturbances may be prevented. . . . "That the laws of the state shall prevail in regard to appren- tices and not the dictates of labor organizations. . . . "That stewards in control of the men employed at buildings will not be recognized and that foremen, as the agents of em- ployers, shall not be under the control of the union while serv- ing in that capacity." The rapid organization of employers and employees alike in the larger building centers of the United States disturbed con- ditions of equilibrium in the trade and frequently subjected one side to the aggrandizement of the other. The disturbed conditions of the trade are reflected in the Report of the Secretary of the United Brotherhood of Carpenters and Joiners in 1894. In summarizing the history of their organization before the Congress on Industrial Conciliation and Arbitration held in Chicago in that year the Secretary^* said: "Since the United Brotherhood of Carpenters was founded in 1881, for the past thirteen years we have had eight hundred and seventy-three carpenter's strikes, seven hundred and sixty-one of which were successful, fifty-four lost and fifty-eight compromised. . . . Since 1886, in eight years past, the local unions have expended in the Carpenters' Brotherhod from their local treasuries fully $120,000 in strikes and lockouts and then expended in our gen- eral office $210,583. This makes in all about $330,590 spent in strikes . . . dead loss you think? Well, since May 1st, 1886, we have been instrumental in establishing the eight-hour day for carpenters in fifty-four cities, and the nine-hoiir day in four hundred and twenty-six cities, and with that we have also in- ^*McGuire, P. J., Secretary of the United Brotherliooa of Carpenters and Joiners before the Congress on Industrial Conciliation and Arbitration held un- der the auspices of the Industrial Committee of the Civic Federation. Chicago, 1894. [73] 74 BULLETIN OF THE UNIVEESITY OF WISCONSIN creased wages before these dull times came in five hundred and sixty-eight cities, from 1886 to 1893 at an average increase of $.50 per day. With our membership for nine months' work in the year it amounts to $5,500,000 more wages only in those seven years Thus there is an actual amount of $3,750,00 more wages on an expenditure of $330,583 ... a net return of seventy-eight per cent on the investment and along with that a bill for shor-ter hours, better treatment and more consideration." The Report of the Secretary for 1898 shows continued aggressive- ness on the part of the Brotherhood,^^ the Report says : ' ' Since 1883 to September, 1898, we have had one thousand and twenty- six strikes and lockouts of which nine hundred and ninety- eight were successful, sixty-one were lost, and sixty-seven were compromised. . . . The scattered threads of local and so- called independent unions, isolated and apart, provincial and narrow, have been woven into a majestic network of thorough organization, with strong financial resources and vast public influence . . . the chaotic and aggregated elements have been trained into a disciplined force." On the other hand united action on the part of employing carpenters and contractors counterbalanced the activity of the employees, and the local agreements secured through collective negotiations during this period reflect tense conditions in many centers of the building industry.^" In Chicago negotiations between employers and workmen were internipted by the great building trades strike in 1900. As the employers were largely successful the joint agreements adopted subsequently gave them many advantages."'' However the Carpenters' Executive Council of the city is gradually secur- ing concessions from the employers' associations and the old methods of negotiation bid fair to be restored upon a firmer basis. 2' See United Brotherhood of Cwrpenters and Joiners Report of Secretary at Convention, 1898. " See Carpenters' and Builders' Association of Chicago, Constitution, By-lcnvs, and Membership List, 1898; and Carpenters' Executive Council of Chicago, Worlc- ing Rules, 1899. " See Articles of Agreement between the Carpenters and Builders' Association, the Master Carpenters' Association and the Carpenters' Executive Council of Chicago and Coolc County, in Effect from March 11, 1901 to April 1, 190S. GiVMi in appendix 3. [74] SCHAPFNEE LABOE CONTEACT 75 One of the characteristic features of collective bargaining in the carpentry trade at the present time is the rapid extension of the system of joint agreements to the smaller towns.^' The members of the craft in the larger cities exert influence in unionizing the smaller places as they recognize the danger of a large supply of non-union men who may threaten their stand- ard of wages in times of depression and strikes. The bricklayers and masons^® have developed effective sys- tems of collective bargaining in most of the larger building centers. In the bricklaying trade in Boston the joint agree- ments date back to 1886, and peaceful relations between em- ployers and employees have been maintained with scarcely a break during the entire time. In New York City the joint annual conferences have been in existence fully as long, but the system has not been as highly developed as in Boston. Conditions in the trade in New York City during 1885 and 1886 are portrayed in the report of the President of the Brick- layers' and M'asons' International Union as follows: "In re- viewing the case . . . the bricklayers of New York have passed through a most remarkable evolution, and that too almost instantaneously. Disorganized, discouraged, bankrupt after the effects of their strike last summer with every possibility of a renewal of the struggle this year, with no concert of action, no stated regular price in work for wages, no regular hours of work, with men working ten, and ten and one-half hours a day and getting from $3.50, $3.60, $3.75, and $4 per day, things looked as if a general breakup would soon occur. ... A committee was formed to arbitrate with the bosses and the re- sult was wonderful. The bosses were as anxious for a settle- ment as were the bricklayers. They saw the danger of antagon- izing labor too much and were anxious for peace. They formed an agreement and in that agreement they recognized the unions and they also recognized the hour question. The bosses were » See The Carpenter from Jan. 1891 to Apr. 1902, for reports of organization and coUeetiTe agreements in small towns. " For their general principles see the Constitution and Rules of Order of the BricMayers and Masons' International Union of America, Organized Oct. 17, 186S. Revised and Adopted 6j/ the S6th Annual Convention, Pittsturg, Pa., Jan. 190S. Also compare the Annual Reports o-f the President and the Secre- tary. North Adams, Mass., 1900-2. [75] 76 BULLETIN OF THE UNIVEESITY OF WISCOXSi::? almost on their knees and some of the thick-headed bricklayers could not see the advantage they had gained. The hour ques- tion being settled, the wages will regulate themselves. Even now some of the bosses are offering $.45 per hour. The bosses pledge themselves not to hire anyone outside of those unions and all "scabs" in their employ must join the Unions or "get out." The men that the unions lost last summer they will get back again and some of them will have to pay pretty well for it. In my opinion it is the biggest victory that has ever been won by labor in New York City. Our unions are recognized once more and their treasuries will begin to swell. "^" The agreement established, provided for the reinstatement of journeymen and foremen upon payment of dues and assess- ments; the nine-hour day, with eight hours on Saturday; and $.42 per hour pay. It further provided for a joint arbitration committee between the Mason Builders' Association and the Bricklayers ' Unions of New York. This committee was required to hold weekly meetings to hear grievances and to settle aU dis- putes between employers and employees. Complaints could be made in person or in writing and it was requested that all grievances should be laid before the committee without delay in order to avoid all difficulties.^^ In Chicago arbitration within the trade was introduced about 1887 and disputes were settled peaceably until the building trades strike of 1900. At that time, the bricklayers were the first to withdraw from the Building Trades' Council in order to make a separate agreement with their employers. The agree- ment^^ entered into after the strike, ended weelra of industrial ™ Bricklayers and Masons' International Union, Twentietn Annual Conven- tion, St. Louis, 1886, President's Report, 20. '^ Brtclilayers' and Masons' International Union, Prooaedings of the Twentieth Annual Convention, St. Louis, 18S6. '' Agreement and Working Rules Chicago Masons and Builders' Association.— This agreement, made ttiis 27th day of June, 1900, by and between the Chicago Masons and Builders' Association, party of the first part, and the United Order of American Bricklayers and Stonemasons No. 21 of the Bricklayers and Masons' International Union, party of the second part, for the purpose of preventing strikes and lockouts and facilitating a peaceful adjustment of all grievances and disputes which may, from time to time, arise between the employer and mechanics In the mason trade, witnesseth ; That both parties to this agreement hereby covenant and agree that they will not tolerate nor recognize any right of any other association union council [76] SCHAFPNEE LABOE CONTEACT 77 warfare. It illustrates the facility with which employers and employees are able to negotiate with each other when both sides are backed up by strong organizations. or tody of men not direct parties to tliis agreement to order a strike or loelE- out, or otherwise interfere or dictate, and that woris can he stopped only by an order signed jointly hy the presidents of the association and union, parties hereto, or the joint-arhitration hoard elected in accordance with this agreement; and that they will compel their members to comply with the arbitration agree- ment and working rules as jointly agreeded upon and adopted ; and that where a member or members affiliated with either of the two parties to this agree- ment refuse to do so they shall be suspended from membership in the associa- tion or union to which they belong. In conformity with the following principles adopted by the Building Con- tractors' Council under the date of April 24, 1900, both parties hereto this day hereby adopt said principles as an absolute basis for their joint working rules, and to govern the actions of the Joint Arbitration Board, as hereinafter provided for, to remain in full force and effect until April 1, 1903. No Limitation of Work. — There shall be no limitation as to the amount of work a man shall perform during his working day. (Explanation. — This means that men employed in the difEerent lines of work shall each do a fair and honest day's work.) Use of Machinery. — There shall be no restriction of the use of machinery or tools. (Explanation. This means that all tools or machinery of whateoever kind may be used in all trades or in the manufacture of any material entering into the construction of buildings.) Unrestricted Use of Material. — There shall be no restriction of the use of any manufactured material, except prison-made. (Explanation. — This means that any material may be used, no matter where or by whom it is made, except pris- on-made.) No Interference With Workmen. — No person shall have the right to interfere with the workmen during working hours. (Explanation. — This means that no person shall have the right to give orders to the men during working hours on the building except the employer or his representative.) Apprentices. — The use of apprentices shall not be prohibited. (Explanation — This means that in each trade a fair agreement as to the number of apprentices shall be entered into, it being understood that apprentices shall not be subject to union rules, and shall at all times be under the control of the employer.) Foreman. — The foreman shall be the agent of the employer. (Explanation. — This means that the foreman shall not be subject to union rules while acting as foreman, and that no fine shall he entered against him by any union, for any cause whatever, while acting in such capacity ; it being understood that a foreman shall he a competent mechanic in his trade, and subject to the decisions of the Joint- Arbitration Board.) , Right to Work. — All workmen are at liberty to work for whomsoever they see fit. (Explanation. — This means that a man can work for any employer who will give him work in his trade, it being understood that he shall demand and receive the wages agreed upon by the Joint-Arbitration Board, in his trade, under a!l circumstances.) Right to Employ. — Employers are at liberty to employ and discharge whom- soever they see fit. (Explanation. — This means that the employer shall have the right to employ union or non-union men, but all men shall receive the full wages agreed upon in their trade, and that any employer may employ or dis- charge any man he sees fit, without interference by any union.) Arbitration Board. — Both parties hereto agree that they will at their annual election of each year elect an arbitration committee to serve for one year or [77] 78 BULLETIN OF THE UNIVERSITY OF WISCONSIN In other building centers, the bricklayers have followed the example set in the larger cities, and fair conditions of employ- until their successors are elected and qualified. In case of deatli, expulsion, removal oi' disqualification of a member or members of tbe arbitration com- mittee sucb vacancy shall be filled by the association or union at its next regu- lar meeting. Number of Members. — The arbitration committee for each of the two parties hereto shall consist of five members, and they shall meet not later tha> the fourth Thursday of January each year in joint session, when they sha'l organize a Joint-Arbitration Board by electing a president, secretary, treasurer and umpire. Qualifications of Arbitration Boai'd. — No member who is not actively engaged in the mason trade or occupies any other office in his association or union except the office of president, or holds a public office, either elective or appointive, under the municipal, county, state or national governments, shall be eligible to act as the representative in this trade Joint- Arbitration Board; and any member shall become disqualified to act as member of this trade Joint-. Arbitration Board and cease to be a member thereof immediately upon his election or appointment to any other office in his association or union, or to any public office or employment. Umpire. — An umpire shall be selected who is in no wise affiliated or identifletf with the building industry, and who is not an employee nor an employer of labor, nor an incumbent of a political elective office. Power of Board. — The Joint-Aribtration Board shall have full power to enforce this agreement entered into between the parties hereto, and to make and enforce all working rules governing both parties. No strikes or lockouts shall be resorted to, pending the decision of the Joint-Arbitration Board. Time of Meeting. — The Joint-Arbitration Board shall meet to transact routins business the first Wednesday in each month, but special meetings may be called on three days' notice by the president upon application of three members. Rules for Procedure. — Wlen a dispute or grievance af ises between a journey- man and his employer (parties hereto), or an apprentice and his employer, the question at issue shall be submitted in writing to the presidents of the two organizatons, and upon their failure to agree and settle it, or if one party to the dispute is dissatisfied with their decision, it shall then be submitted to the Joint-Arbitration Board at their next regular meeting. They shaU hear the evidence and decide in accordance therewith. All verdicts shall be decided by majority vote, by secret ballot, be rendered in writing, and be final and binding on both parties. If the Joint-Arbitration Board is unable to agree, the umpire shall be requested to sit with them, and after he has heard the evidence, cast the deciding vote. Power to Summon Members. — The Joint-Arbitration Board has the right to summon any member or members affiliated with either party hereto against whom complaint is lodged for breaking this joint-arbitration agreement or working rules, and also appear as witnesses. The summons shall be handed to the president of the association or union to which the member belongs, and he shall cause the member or members to be notified to appear before the Joint Board on date set. Failure to appear when notified, except (in the opinion of Board) valid excuse is given, shall subject a member to a fine of Twenty-five Dollars for the first default. Fifty Dollars for the second, and suspension for the third. Salary. — The salary of a representative on tbe Joint-Arbitration Board shall be paid by the association or union he represents. Stopping of Work. — No member or members affiliated with the second party [78] SCHAFFNEK LABOE CONTKACT 79 ment are quite generally maintained throughout the trade by- means of collective bargaining.^^ shall leave his work because non-union men in some other line of work or trade are employed on the building or job, because non-union men in any line or trade are employed on any other building or Job, or stop or cause to be stopped any work under construction for any member or members affiliated with the first party, except upon written order signed by the presidents of the association and union (parties hereto) or the Joint-Arbitration Board under penalty of Penalties. — a fine of not less than Twenty-five nor more than One Hundred Dollars. Any member or members affiliated with either of the two parties hereto violating any part of this agreement or the working rules established by the Joint-Arbitration Board shall be subject to a fine of from Ten to Two Hundred Dollars, which fine shall be collected by the president of the associa- tion or union to which the offending member or members belong, and by him paid to the treasurer of the Joint-Arbitration Board not later than thirty days after the date of the levying of the fine. Collection o£ Penalties and Suspensions. — If the fine is not paid by the offender or offenders, it shall be paid out of the treasury of the association or union of which the offender or offenders were members at the time the fine was levied against him or them, and within sixty days from date of levying same, or in Jieu thereof the association or union to which he or they belong shall suspend the offender or offenders and officially certify such suspension to the Joint-Arbitration Board within sixty days from the time of fining, and the Joint-Arbitration Board shall cause the suspension decree to be read by the presidents of both the association and union at their next regular meetings and then post said decree for sixty days in the meeting rooms of the association and union. No one who has been suspended from membership in the associa- tion or union for neglect or refusal to abide by the decision of the Joint- Arbitration Board can be again admitted to membership except by paying his fine or by unanimous consent of the Joint-Arbitration Board. Division of Fines. — ^AU fines assessed by the Joint-Arbitration Board and collected during the year shall be equally divided between the twoi parties hereto by the Joint-Arbitration Board at the last regular meeting in December. Quorum. — Seven members present shall constitute a quorum in the Joint- Arbitration Board, but the chairman of each of the two arbitration committees shall have the right to cast the vote in the Joint-Arbitration Board for any absent member of his committee. Steward. — The steward shall represent the journeymen. He shall be elected by and from among the men in his trade working on the same building, and shall, while acting as steward, be subject only to the rules and decisions of the Joint-Arbitration Board. No salary shall be paid to a journeyman for acting as steward. He shall not leave his work or interfere with workmen during working hours. He shall always, while at work, carry a copy of the working rules with him. The presidents shall be allowed to visit jobs during working hours to inter- view the contractor, steward or men at work, but they shall in no way hinder the progress of the work. Number of Apprentices. — Each employer sha'l have the right to teach his trade to apprentices, but no contractor or firm shall take more than o.ne new apprentice each year, and they shall serve for a period of not less than three " See Bricklayers' and Mason' International Unions Proceedings of the 20th Anrmal Convention, St. Louis, 1886; Proceedings of the 21st Annual Convention, Washington, 1887; and The Bricklayer and Mason, from March, 1898 to June, 1902. [79] 80 BULLETIJT OF THE TTNIVEESITY OF -WISCONSIN In the minor building trades, local systems of collective bar- gaining are also common. years as prescribed in tlie apprentice rules attaclied hereto, and be subject to the controi of the Joint Board of Arbitration. Working Hours. — Bight hours shall constitute a day's worlc, except on Satur- days during the months of June, July and August, when work may stop at twelve o'clock noon with four hour's pay for that day. Night Work. — Eight hours s'nall constitute a night's work, which shall com- mence at 7 p. m. when two gangs are employed only, tut where three gangs are employed one shift may follow the other immediately, and in that way work may be continuous. Overtime. — Time and one-half to be paid for overtime. Work done between the hours of 5 p. m. and 8 a. m., and also Saturday afternoons during the months of June, July and August, shall be paid for as overtime, when only one shift of men are empi'oyed on the job. No contractor shall work his men overtime except in case of actual necessity, the contractor to be the judge of the necessity, and for such overtime time and one-half shall be paid. Double Time. — Double time to be paid for work on Sundays throughout the year and also work on the following four holidays {or days celebrated as such- ; Decoration Day, Fourth of July, Thanksgiving Day and Christmas Day. Where Shift-Work. — work is carried on with two or three shifts of men, working eight hours each, then only single time shall be paid for both night and day work during the week days and double time for Sundays and the above-men- tioned holidays. No work shall be done on Labor Day. Work done between the hours of 12 o'clock Saturday night to 12 o'clock Sunday night shall be considered as Sunday work and be paid for at the rate of double time. This applies also to the lour holidays before mentioned. Wages. — The minimum rate of wages to be paid bricklayers and stonemasons shall be fifty cents per hour, payable in lawful money of the United States. Hereafter when more than the minimum rate of wages is paid, no employer shall make a reduction in the wages of a bricklayer or stonemason without giving said man or men due notice previous to making said reduction. Pay Day. — It is hereby agreed that the journeymen shall be paid once every two weeks and not later than Tuesday, except when a contractor's work is widely scattering, when he will be allowed Wednesday to complete paying his men. When a journeyman is discharged, he shall be paid in full, and also when he is laid off, if he demands it, except when the lay-off is caused by bad weather or story-high. When a journeyman quits work of his own accord, he shall receive his pay on the next regular pay-day. Time Checks. — Time checks, payable at the office of the employer, shall be considered valid, provided the journeyman be allowed a half hour's extra time for each mile he has to travel to get to the office. If he is not paid promptly upon his arrival at the office, and if he shall remain there during working hours until he is paid, he shall be paid the regular wages for such waiting time. Branches of Work. — The following branches of work are covered by this agreement : Laying of rubble stone and bridge masonry ; all kinds of brick work (except sewer work) ; setting of cut stone and terra cotta. The stonemasons shall cut and trim alT broken ashlar, range, rock-faced, and worm work, and all rough jambs and quoins in building work, and all rough, pitched face, bridge, viaduct and pier work, cut from limestone In the County of Coo's:, provided that there can be had a sufficient number of com- petent stonemasons to do said work ; otherwise the contractor or contractors, after giving previous notice to the president of the U. 0. of A. B. & S. M. [80] SCHAEFNEE LABOR CONTRACT 81 Effective organizations exist among the hod carriers in the larger cities.^* The strict exclusion of non-union men enables No. 21 of Illinois, of the B. & M. I. TJ., to furnish said men, has the right to employ stonecutters to finish said job. The leveling off of all footing stone shall ^e done by stonemasons. No stone cut by convict labor will be set. The line on brick work shall be put up but one course at a time, except in cases of obstructions or piers, and then only with consent of the masons doing the work. , Members of the U. O. of A. B. & S. M. No. 21, of Illinois, of the B. & M. I. U., holding a bricklayer's card will not lay stone, or those holding a stone- mason's card will not lay brick, but the foreman may do both. The exceptions to this rule are in case of areas, or step or pier foundations that do not exceed one cord of stone, and, then only in case no stonemason is at hand, when a bricklayer may lay the stone in such areas, step or pier foundation. Plastering and pointing of stone walls shall be done by stonemasons, but may be done by bricklayers, if stonemasons are not on the job when the above work is ready to be done. , Members of the TJ. O. of A. B. & S. M. No. 21 of Illinois, of the B. & M. I. TJ., will not work on masonwork on any building for any contractors or firms where two or more members in the same firm work on the wall laying brick, rubble or dimension stone, or set cut stone or terra cotta. , No by-laws or rules conflicting with this arbitration agreement or woi-king rules agreed upon shall be passed or enforced by either party hereto against any of its afBliated members. It is earnestly recommended by the .Toint-Arbitration Board that the fullest leniency be extended to members of both association and union for violations of rules during the lockout or strike. It is agreed by the parties hereto that this agreement shall be in force between the parties hereto until April 1. 1B03. This agreement shall only become operative when the union withdraws P'lrmanently from the Building Trades Council and agrees not to become affiliated with any organization of a like character during the life of the agreement, , Apprentice Rules. — Apprentices shall be under the jurisdiction of the Joint- Arbitration Board, which has the authority to control them and protect their interests subject to approved indentures entered into with their employers and the rules adopted by the joint board. The applicant for apprenticeship shall be under eighteen years of age. The contractor taking an apprentice shall engage to keep him at work for nine (9) consecutive months in each year and see that during the remaining three (3) months of the year the apprentice attends school. The first two years the apprentice shall attend a public school during the months of January, February and March, and a certificate of attendance from the principal of any public school in Cook County will be accepted by the Joint-Arbitration Board as a compliance with this requirement. Three months of the last year he shall attend a technical school acceptable to the joint board, and a certificate that he has done bo will be required before he is allowed to work during the coming year. A contractor taking an apprentice shall keep him steadily at work, or failing to do so shall pay him the same as though he had worked for him. In case an '* Conditions in the trade in Chicago are shown in the Agreement and Work- ing Rules entered into tetween the CMoago Masons and Builders' Association, and the Hod Carniera' and Building LaT)orers' Unions, No. 1, S, J, and i- Chicago 1901. 6 [81] 82 BULLETIN OF THE UNIVEESITY OF WISCONSIN the union to maintain discipline among the local workers. The unskilled nature of their trade which exposes hod carriera to the varying fluctuations of the labor market has led them to lay great stress upon the exclusion of non-union men, whereas the more highly skilled trades find such devices less necessary to their existence. A typical provision for the exclusion of non- union laborers is found in the constitution of the Chicago Hod Carrier for 1888. After stating that "the objects of the society are for the welfare of its members, and to place them in a posi- tion to withstand any attack of their oppressors who may here- after attempt to reduce their wages, and also to obtain for its members fair remuneration for their daily toil, "^^ the rule^" is laid down that "the steward . . . shall not allow any non- union laborer under any circumstances to work, under the pen- alty of $5 fine for the first offense." The stone cutters usually affiliate with building trades councils iu the larger cities but on account of the shifting nature of their work in many places they have found it expedient to adopt definite working rules which regulate the conditions under which members are permitted to work.^' The working rules^* of the Journeymen Stone Cutters' Association of Chicago in 1892 in- apprentice at the end of his term for some cause is not a proficient workman, he may he required to servei another year if the Joint Board, after a thovougli Investigation so decides. A contractor entitled to an apprentice may talie one on trial for two weeks, provided the applicant holds a permit from the Joint Board, and if after trial the boy is unsatisfactory, he need not enter into indentures, but shall pay the boy Five Dollars per week for the two weeks. No boy will be allowed a trial with more than two contractors. The minimum wages of an apprentice shall be not less than $260 for the first year, $300 for the second year, $350 for the third year, and $400 for the fourth year, payable semi-monthly. The issuing of permits for an apprentice to work for another contractor when the one to whom he is indentured has no work shall be left for decision to the Joint-Arbitration Board. All apprentices indentured to members of the C. M. & B. A. shall report to the Joint-Arbitration Board on the first Wednesday in .January. April, July and October, to receiv<" their new quarterly cards. Any apprentice not carrying the proper quarterly card will not be permitted to work. "Bod Carriers Protective Union and Benevolent Society of CMcago, incor- porated 187S. Constitution, 1888, art. 2, '« Idem, By-laies, art. 5. =' For conditions in the trade, see Btone Cutters' Journal, Mar., 1894-Jan., 1900. =8 Journeymen Stone Cutters' Association of OMcago, Constitution, IWZ. By- laws, art. 2. Working Regulations. [83] SCHAFITlSrEE LABOR CONTKACT 85 elude provisions that the association should not sanction piece work nor sub-contracting; that time lost by men in waiting for their wages after fourteen days should be paid at the current rate; that any man wishing to quit should get his pay after giving eight hours' notice; and that the association should not approve of a strike except when all other means had failed. A number of similar regulations which enter into various details of the employment relationship indicate that conditions of em- ployment are often as definitely determined by a tacit recogni- tion of working rules as under formal agreements. Among the granite cutters of Maine and Massachusetts regu- lar "bills of prices" are mutually agreed upon between em- ployers and employees. In these "bills" conditions of employ- ment are settled and some of the advantages of collective bar- gaining accrue to both parties to the agreement.'^ Other building trades organizations which have developed ef- fective methods of collective bargaining include the Mosaic and Encaustic Tile Layers* and Helpers' International Union;'"* the Brotherhood of Painters, Decorators and Paper Hangers of America;*^ the Operative Plasterers' International Associa- tion;*^ and the United Association of Journeymen Plumbers, Gas Fitters, Steam Fitters and Steam Fitters' Helpers.*^ '"See : Granite Gutters' National Union, Constitution, 1893, art. 31. Also- compare Massachusetts, Bureau of Statistics of Labor, Eleventh Annual Report,. 1880, 51. See : Granite Cutters' Journal Sept. 1899 — Feb. 1900, for conditions among; granite cutters. "'See. Mosaic and Encaustic Tile Layers o'f America. Organized 188S, Con- stitution amd By-Laws Revised and adopted July 1SS9, N. Y., 1889, and Agree- ment and Working Rules Entered into between Chicago Mantel and Tile Dealers^ Association, and the Mosaic and Encaustic Tile Layers' Union, Jan. 12, 1901, to Apr. 1, 190S. " Compare the rules of the New York Paper Hangers' Association, Founded Feb. lS6i. By-Laws, 189S, and of the Brotherhood of Paimters and Decorators of America, Organised Mar. 15, 1887, Constitution and Rules ,ar Local Unions under its jurisdiction. Revised, Aug, 189B. '^Agreement Entered into betioeen the Employing Plasterers Association and the Operative Plasterers' Society of the City of New Yorle. Commencing Mav 1st, 1892, and ending May 1st, 1896. '^ For organizations among the plumbers see : National Association of Mas- ter Plumbers of the United States, Proceedings of the Anmmal Cmivention, Baltimore, 1884-89 : Steam Fitters and Steam Fitters' Helpers Enterprise and Progress Associations, Rules and Regulations of the Enterprise and Progress Associations of Steam-Fitters and Steam-Fitters' Helpers, to Serve a^ a Guide in Shops, N. Y., 1886 ; and United Association Journeymen Plumbers, Gas FiP- [83] 84 BULLETIN OF THE UNIVEESITT OF -WISCONSIISr The most characteristic development in the building trades has been the formation of building trades' and building con- tractors' councils. The building trades' council, — as the cen- tral body in which the labor organizations in the building trades In one locality are represented, — is able to secure joint action on the part of employees. The building contractors' council, on the other hand, unites the employers for common action. Wherever the building trades have been well organized, these central bodies have invariably arisen, and during the past decade collective agreements have been made between the employers' and employees' councils in our large cities. The most elaborate system of collective bargaining of this sort was that in opera- tion in Chicago before the lockout of 1900. Since that time, the several trades have made agreements with their employers directly or with the employers' separate associations.** One >of the conditions required by the Chicago Building Contrac- itors' Council upon entering into agreements with individual tinions after the strike of 1900 provided that the agreement should become operative only when the union withdrew per- manently from the Building Trades' Council and agreed not to affiliate with any organization of like character during the life of the agreement. However, representatives of both employers and employees in the building trades in Chicago predict a re- organization of the central bodies for the purpose of securing concert of action in regulating local conditions in the trade. The National Building Trades' Council'"' organized in 1897 aims to unite the local building trades' councils, the national building trades unions, and the local unions of building trades which have no national organization. Up to the present time ters, Steam-Fitters and Steam-Fitters' Helpers of the U. S. and Canada Organ- ized Oct. 11, 1SS9, Constitution and Bules of Order, Adopted . . . Oct. 11, 1889, . . Revised, 1892. " Carpenters' ' the United States at 1869 (Const. 1888). "' See National Trade Association of Hat Finishers of the United States of America, Proceedings of the Special Convention, Danbury, Conn., Apr. 24-29, 1882, 43-45 ; and Report ... of May, 1885 3-4. " See Agreement adopted Dec. 28, 1885, signed by sixteen manufacturing com- panies and agreed to by the Hat Makers' Association. "' For a typical illustration of the organization of arbitration committees among the batters see tne United Journeymen, Hat Makers' Association of Dan- iury. Conn., Constitution, 1S89. Art. 9. Sec. 1. Each shop is to regulate its own bills of prices and methods of work in accordance with this constitution and by-laws. Sec. 2. Bills of prices are to be made for each season at stated times. . . . Sec. 3. All disputes between employer and employees which cannot be settled by them are to be submlttod to arbitrators, in the selection of whom each shall have an equal voice. The decision shall be flna;!. Sec. 4. The arbitration committee shall consist of three .iourneymen and three employers. In case they cannot agree each side shall choose one person not connected with the trade. They shall choose a third person and these- shall decide the case. [92] SOHAPENEK LABOE CONTEACT 93 The journeymen tailors brought over the "customs and rules" from England, and the tailors in this country were organized as early as 1806. A strike in Philadelphia in 1827, in which they demanded the reinstatement of five journeymen who had been discharged for demanding higher wages, showed that they were not far behind the shoemakers, printers, and hatters in developing concert of action for the purpose of protecting their interests in the trade. In the trial for conspiracy which fol- lowed this strike the evidence disclosed the fact that five tailors had individually asked for an increase in wages. This increase was temporarily granted but at the first opportune moment the men were discharged. Thereupon the remaining journeymen in the shop went on strike, with the result that they were found guilty of a conspiracy to compel their masters to re-employ the discharged men."^ The trial of the tAventy-one Journeymen Tailora of New York City held in the court of oyer and terminer in 1836 is mainly interesting for the heavy fines which were imposed.'*^ The tail- ors were indicted for striking for higher wages and preventing others by threats, and promises, and various modes from work- ing except for the prices fixed by the union. The Court in his charge said : ' ' Combinations were not necessary in this coun- try for the protection of mechanics or any other class, they were of foreign origin and not in harmony with our institu- tions."'"' Accordingly he imposed fines ranging from $150 for the president to $100 each for the members of the union. At the present time the majority of the skilled workmen in the tailoring trades belong to the Journeymen Tailors' Union." This organization has a system of joint agreements in success- ful operation. '^Commonwealth v. Moore ei al. 1827. (Trial of Twenty-four Journeymen Tailors before the Mayor's Court, Philadelphia, Septemter Sessions, 1827) 6, 15, 164-7. "Com.mercial Advertiser, June 11, 1836. ''"The People v. Paulhner et al., (Trial of Twenty-one Journeymen Tailors of the City of New York, Court of Oyer and Terminer, 1836.) "For their forms of organization see Journeymen, Tailors' Union of America, Constitution, Adopted l>y the Sth Convention . . . Aug. ie-17, 1889, and Approved ty General Vote of the memT)ers, Nov. 1889^- as Amended . Apr. 1, me. [93] 94 BULLETIN OF THE UNIVERSITY OF WISCONSIN The United G-arment Workers" include the less skilled work- men engaged in the making of clothing. The public agitation against sweat shops has recently enabled garment workers to use their union label with good effect in collective bargaining. Most of their agreements begin: "In consideration of the use of the union trade label of the party of the second part the party of the first part agrees to abide by the following rules and conditions governing the same. ..." However, the difficulty of organizing the various nationalities employed in working on ready-made clothing and the irresponsible character of the small contractors,'^ many of whom are without property or reputation, have so far prevented any very effective changes in the conditions of employment. In the textile trades the movement toward collective bargain- ing has also been modified by external influences. The intro- duction of foreign laborers and the large proportion of women and children in the textile factories have prevented a normal development of associated action on the part of employees. In a few branches, where more than ordinary skill is required, the operatives have built up strong organizations which have been able to secure joint agreements. However, for most of the different classes of textile workers, conditions of employment are fixed by employers rather than by joint conferences between em- ployers and workmen.'''* The need of closer co-operation between employers and workmen is recognized by the National Federation of Textile Operatives of America in their constitution of 1900, in which they set forth one of their objects to be, "To persuade em- ployers to agree to arbitrate all differences which may arise be- tween them and their employees in order that the bonds of sym- pathy between them may be strengthened and that strikes may be rendered unnecessary." ''^United Garment Workers of America Constitution, N. Y.. 1891. Same, 1899. For rules of local organizations see Gotham Association {Knife Oarment Cut- ters)of A'ew York City amd Vinio'.ty, By-laws, N. Y. 1887, and Bee-Hive Asso- ciation of Ladies Underwear Cutters of New York and Vicinity, By-laws, N. Y. 1892. ™See United Brotherhood of Cloak Makers v. Gurewitz, N. Y. Lano Journal Aug. 1, 1900, and United Brotherhood of Cloak Makers v. Frank, N. Y. Law Journal, Nov. 8, 1900, for violation of collective agreements by employ«rs. "See National Cotton Mule Spinners' Association of America established Oct., 1858, Constitution, 1890. Art. 13, Sees. 3-4. [94] SCHAPE'NBE LABOE CONTEACT 95 Metal Working and Machine Trades. In the metal working trades the iron workers were among the first to secure written agreements. Their conference committees date back to 1865, when an agreemenf^ was made between a committee of boilers and a committee from the Iron Manufacturers, of Pittsburg. They fixed a scale of prices to be paid for boiling pig iron, based on the manufacturers ' card of prices. They further agreed that either party should have the right to terminate the agreement by giving ninety days' notice to the other party and that there should be no deviation without such notice. During the year the workmen served the requisite notice and obtained two re- visions of the scale in their favor. Finally the manufacturers served notice of a reduction of $2.00 per ton. This being re- jected by the workmen, a general lockout ensued which lasted from December, 1866, to May, 1867, and was finally ended by the manufacturers paying the price demanded, — the one fixed in the original scale of 1865. This was rather an unfavorable beginning, but the workmen asked for another conference with the manufacturers. It was granted and a new scale of prices was agreed upon in July, 1867. '''' For a period of seven years this scale was maintained with only a few technical changes made by mutual consent. In 1875, there were some disagree- ments but after several short lockouts and after several new scales of prices had been adopted and in turn set aside, the manufacturers finally agreed to sign a scale for the following year. With slight modifications this scale was renewed from "Memorandum of Agrsement. Made this thirteentli day of February, 1865. between a Committee of Boilers and a Committee from the Iron Manufacturers, appointed to fix a scale of prices to be paid for boiling pig iron, based on the Manufacturers' Card of Prices; it being understood either party shall have the right and privilege to terminate this agreement by giving ninety days' notice to the other party, and that there shall he no deviation without such notice. " Memorandum of Agreement. Made this twenty-third day of July, 1867, between the Committee of Boilers and Manufacturers, to wit : — That $9 per ton shall be paid for boiling pig iron until Aug. 17, 1867. From that time until Sept. 15, eight dollars shall be paid. After latter date the following scale shall be operative : — . . . Being twenty-five cents per ton reduction or advance .for each change of one-quarter of a cent per pound on card rates Either party to this arrangement can terminate the same by giving thirty days' notice to the "other party. It is further understood that immediate steps shall be taken by both parties, following said notice, to meet, and endeavor to arrange the difference, and settle the difficulty which occasioned said notice. [95] 96 BULLETIN OF THE TJNIVEESITY OF WISCONSIN year to year without much difficulty until 1879, when the pud- dlers again went on strike to prevail upon the manufacturers to renew the scale of prices in force the previous year. After a short delay the manufacturers signed the proposed scale. In 1880, an advance v/as demanded by the boilers. It was con- ceded by the employers and the scale adopted in that year re- mained in operation for five years.^'^ The system of the sliding scale so long in successful operation in the iron and steel industry is described by the president'' of the Amalgamated Association of Iron and Steel Workers a foUows: "Under the sliding scale, a rate of wage is agreed upon for each position to be governed by the scale and then a selling price for the material is selected as being a fair minimum price, while that particular rate of wage is paid; a percentage of advance in the selling price of material is then listed as re- quiring a slight percentage of advance in the wages of the men in the several positions. The ratio of advance in wages is thus listed with the advance in material until the probable high- est figure the material will sell at has been reached. A corre- sponding reduction in wage is agreed to as the material recedes in price. But a minimum price is agreed upon as representing a stopping point, in the decline in wages, and although the em- ployer is free to sell his material lower than this minimum he is not permitted a reduction in wage below." Various labor organizations'"* in the iron industry carried on negotiations with employers under the system of the sliding scale. Gradually the various groups have, been united under the Na- tional Amalgamated Association of Iron, Steel, and Tin Work- ers of the United States. The extraordinary concentration in '' For an account of the early Soales of Prices adopted in the iron and steel industries at Pittsburg, see Pennsylvania, Bureau of Industrial Statistics, Re- port, 1880-1. 284-371. "Garland, M. M., President of the Amalgamated Association of Iron and Steel Workers, address before the Congress on Industrial Conciliation and Arbi- tration, held under the auspices of the Industrial Committee of the National Civic Federation, Nov. 13 and 14, 1894. '» The United Sons of Vulcan organized in 1858 were the first trade union to secure a definite agreement with iron manufacturers in the United States. For a partial statement of this agreement see foot note 75. For the general policy of the National Amalgamated Association of Iron and Steel Workers see their Constitution and General Laws, adopted as amended 6y national convention . . . June, 1892. [96] SCHAFFNEE LABOE CONTEACT 97 the iron and steel industry during recent years has left the workmen in a relatively weakened position for bargaining with employers. From the time of its organization in 1859, the National Union of Iron Holders was zealous in obtaining "recognition" for the union. The early records indicate a long period of turbul- ence before the union finally reached its present period of peace- ful negotiation for trade agreements. At the annual conven- tion in 1867 the president*" reported that the cost to the organi- zation to support strikes and lockouts, for the six years ending January 11, 1866, amounted to $1,161,582.26, an average to th« man per year of about $24. Commenting on this amount the president said, "Although this aggregate looks very large, yet when we divide it among the whole membership and consider that we have doubled our wages in six years and have secured a thousand other blessings, we cannot help but acknowledge that these things have been purchased at a very cheap rate." The Iron Moulders Journal for April 30, 1879, recounts less favor- able phrases in the history of the union as follows: "little was accomplished until 1863 when the organization was rapidly ex- tended until in every city, Bast and "West, to be out of the union meant social ostracism and a molder without a card was a curiosity. The power acquired and assumed caused a sense of independence and security to prevail that rapidly destroyed even the acquired power. Strikes for almost impossible objects were of weekly occurrence, especially in the cities; taxation be- came very heavy and continuous, many of those taxed were not believers in strikes and gradually withdrew from the organiza- tion; the smaller unions suspended in the midst of strikes and in 1869 the debts of the organization were simply enormous. About this time the brakes were put on and strikes were discoun- tenanced, the work of organization was commenced, the debt was paid off, and the prospects were . . . favorable until 1873 " SylTis, Wm. H., President of the Iron Moulders International Union, Annual Report, in Proceedings of the Eighth Annual Convention, Boston, 1S67. A careful investigation which Professor John E. Commons has made Into the records of the Iron Molders indicates that tihe expenditures for strikes and lockouts during the period did not reach the estimates given by the president ol the International Union. 7 [97] 98 BULLETIJJ' OP THE UKIVEESITY OF WISCONSIlir when another industrial panic followed. . . . Heavy reduc- tions in wages drove off the weak . . . and this added to our late internal troubles has almost destroyed what was at one time the best organization of labor in America." Accounts of the early conferences of the molders with em- ployers are meager. However, the following statement from the Iron Molders' Journal of July, 1874, shows that the local union at Johnstown, ,P.ennsylvania, had written agreements with employera before that da,te. The complaint is made that : — ' ' The manager [of the Columbia Iron Works] first acknowledged the rights of workingmen to form unions and then claimed the right to refuse to hire them because they were union men. . . ." The statement continues: — "The men locked out prove, how- ever, that the unions were recognized by Morrell [the manager] asking for committees therefrom to settle disputes and make agreements; that the unions have lived up to every agreement j and that the present lockout is occasioned by Morrell's desire to break a written agreement entered into with the imions.'"' In 1879, strikes by the Iron Molders of Cincinnati against a re- duction and for an advance in wages were compromised and a written agreement, which fixed the price for six months, was adopted.*^ Almost continuous strikes and lockouts prevailed iu the iron foundry and especially in the stove foundry trades in the decade before 1891. Local agreements, — some of which dated as far back as 1873 — had occasionally been obtained from employers by the Iron Molder-s' union,'^ but the principle of settling diffi- culties by means of business conferences was far from being established. The pressure of increased competition forced the manufacturer and the unions into frequent disputes. The ques- ^ In an address before the National Conference on Industrial Concilatlon and Arbitration, Chicago, 1900, President Fox of the Iron Holders' Union of North ^\America stated that "as early as 1876 a referendum vote of the membership of the Iron Molders' Union had deo'ared in favor of the arbitration of trade dis- putes, but had not been able to successfully put this policy in operation because there tras no association of employers with whom to enter into such contract." "2 Ohio, Bureau of Labor Statistics, Third Annual Report, 52, 53. M Iron Holders' International Union, Proceedings of tlie Eighth Annual Bet- Hon, Jan. 1867, 10, Iron Holders' Journal, Sept. 10, 1874 ; Sept. 10, 1877 ; Apr. 30, 1879 ; June, 30f 1880. [98] SCIIAFFNEE LABOR CONTEACT 99 tion of apprenticeship, the employment of "berkshires," the amount of percentage to be paid on the "board" price, the de- mands for a "gangway count" and "price book" remained fruitful causes for friction throughout the decade. The ques- tion as to who should be designated a molder continued an ever present source of controversy resulting in numerous strikes and lockouts, and it was not until 1891 that any effective progress toward securing peace in the trade was made. In that year, representatives of the Iron Holders' Union of North America'* and of the Stove Founders' National Defense Association met in Chicago and adopted a joint agreement to settle disputes by conciliatory methods. This agreement further provided that neither party should discontinue operations pending investiga- tion and adjudication. In the conferences between employers and employees since that time a system of collective bargaining has been developed under which wage scales are fixed for the entire country.*^ Strikes have been largely eliminated and mu- "* See Iron Molders' Union of Nortji America, Constitution and Rules of Order, Adopted at Detroit, Mich., July 19, 1800; and Constitution an-d Rules of Order, Adopted at Toronto, Ontario, July Si, ISK. '^Conference Agreements tietween the Iron Molders' Union of North America and the Stove Founders' National Defense Association. CONffBHSNCE, 1891. Whereas, there has heretofore existed a sentiment that the members of the Stoye Founders' National Defense Association and the mem- bers of the Iron Holders' Union of North America were necessarily enemies and in consequence a mutual dislike and distrust of each other and of their respec- tive organizations has arisen, provoking and stimulating strife and ill-will, re- sulting in severe pecuniary loss to both parties. Now, this conference is held for the purpose of cultivating a more intimate knowledge of each other and of their methods, aims and objects, believing that thereby friendly regard and re- spect may be engendered, and such agreements reached as will dispel all inimical sentiments, prevent further strife and promote the material atd moral interests of all parties concerned. Cladsb 1, CONFEEENCD 1891. Rcsolvcd, That this meeting adopt the principle of arbitration in the settlement of any dispute between the members of the I. M. TJ. of N. A. and the members of the S. F. N. D. A. Clause 2, Confeeencb 1891. That a conference committee be formed, consist- ing of six members, three of whom shall be stove molders appointed by the Iron Holders' Union of North America and three persons appointed by the S. F. N. D. A., all to hold office from Hay 1 to April 30 of each year. Clause 3, Conpekencb 1891. Whenever there is a dispute between a mem- ber of the S. F. N. D. A. and the molders in his employ (when a majority of the latter are members of the I. H. U.). and it can not be settled amicably between them, it shall be referred to the presidents of the two associations before named, who shall themselves, or by delegates, give it due consideration. If they can not decide it satisfactory to themselves, they may by mutual agreement sum- mon the conference committee, to whom the dispute shall be referred, and whose [99] 100 BULLETIN OJF THE XTNIVEESITY OF WISCONSIN tual respect has been established through strong organizations on both sides.^° Both employers and employees express great satisfaction with their system of collective contracts.*^ decision, by a majority vote, shall be final and binding upon each party for the term of twelve months. Pending adjudication by the presidents and conference committee, neither party to the dispute shall discontinue operations, but shall proceed with business in the ordinary manner. In case of a vacancy in the committee of conference, it shalT be filled by the association originally nominating. No vote shall be taken except by a full committee or by an even number of each party. Clause 4, Confeeencb 1892. Apprentices should be given every opportunity to learn all the details in the trade thoroughly and should be required to serve four years. Any apprentice leaving his employer before the termination of his apprenticeship should not be permitted to work in any foundry under the juris- diction of the I. M. U. of N. A., but should be required to return to his em- ployer. An apprentice should not be admitted to membership in the I. M. U. of N. A. until he has served his apprenticeship and is competent to command the average wages. Bach apprentice in the last year of his apprenticeship should be given a floor between two journeyman molders, and they with the foreman should pay special attention to his mechanical education in all classes of work. Clause 5. Confeeence 1892. The general rate of molders' wages should be established for each year without change. Clause 6, Confeeence 1892. When the members of the Defense Association shall desire a general reduction in the rate of wages, or the Holders' Union an advance, they shall each give the other notice at least thirty days before the end of each year, which shall commence on the first day of April. II' no such notice he glvsn the rate of wages current during the year shall be the rate in force for the succeeding year. Clause 7, Confeeence 1892 amended 1893. Any existing inequality in present prices of v/ork in any shop should be the basis for the determination of the price of new work of similar character and grade , unless the presidents of the two or- ganizations, or their representatives, shall decide that the established prices of sim- ilar work in the shop are not in accord with the price of competitive goods made in the district. Clausb 8, Confeeence 1893. Any existing inequality in present prices ot moldng in a foundry or between two or more foiuidries should be adjusted as soon as practicable upon the basis set forth in the foregoing paragraphs by mu- tual agreement, or by the decision of the adjustment committee provided by the conference of March, 1891. Clause 9, Confeeence 1896. Firms composing the membership of the S. F. N. D. A. should furnish in their respective foundries a book containing the piece prices for molding, the same to be p:aced in the hands of a responsible person. Clause 10, Confeeence 1896. New work should always be priced within a reasonable time, and under ordinary circumstances tv,fo weeks is considered a reasonable time, and such prices, when decided upon, should be paid from the date the work was put in the sand. Clause 11, Confeeence 1896, amended 1903. The members of the S. F. N. •"For the financial strength of the Iron Molders' Vnion of North America see the Quarterly Reports of President, Vice Presidents, Secretary, Treasurer, Journal Receipts and Financial Standing of Local Unions for Quarter Ending Sept. SO, 190% Cincinnati 1902. »' Testimony of Thomas J. Hogan, Secretary, Stove Founders' National De- fense Association, before the U. S. Industrial Commission, September 14, 1900. Jni. Com. Report, VII., 860-873. [100] SCHAFPNEE LABOE CONTEACT 101 The system of collective bargaining between the Iron Holders' Union and the Stove Founders' National Defense Association D. A. shall furnisli to their molders : Shoves, riddles, rammers, brushes, facing bags, bellows and strike-off, provided, however, that they charge at actual cost tools so furnished, and collect for the same, adopting some method of Identifica- tion ; and when a molder abandons the shop, or requires a new tool in place of one so furnished, he shall, upon the return of the old tools, be allowed the full price charged, without deducting for ordinary wear ; and damage beyond ordi- nary wear to be deducted from amount to be refunded. Ci/AUSE 12, CONFEEBNCB 1896, AMENDED 1903. When It is shown that the ag- gregate loss on account of dull iron amounts to 4 per cent of the total value of the work poured by the molders in any one heat, it shall be deemed a bad heat, and payment shall be made for all work lost from this cause ; It being under- stood that when more than one cupola is used, the molders receiving iron from each cupola shall be considered the same as though they were working in sep- arate shops, in making above computation. If suflScient iron Is not furnished the mo!der to pour off his work, and such work has to remain over, he shall be paid for such work remaining over at one- half the regular price. These rules shall apply, excepting in case of breakdown of machinery, or other avoidabe accidents, where no allowance shall be made. CIAUSE 13, Conference 1898. Whenever a difficulty arises between a mem- ber of the S. F. N. D. A. (whose foundry does not come under the provisions of clause 3, 1891 conference) and the molders employed by him, and said difficulty can not be amicably settled between the member and his employees, It shall be- submitted for adjudication to the presidents of the two organizations or their representatives without pre.iudice to the employees presenting said grievance. Clause 14, Conpbhencb 1898. In pricing molding on new stoves when there- are no comparative stoves made in the shop, the prices shall be based upon com- petitive stoves made in the district, thorough comparson and proper considera- tion being given to the merits of the work according to labor involved. Amendment to Clause 9, Confbkence 1896 : Clause 15, Confbeence 1809.. Stove manufacturers, members of the S. F. N. D. A., shall furnish in their re- spective foundries a book containing the piece prices for molding, the same tO' be placed in the care of the foreman of the foundry and a, responstible molder agreeable to both employer and employees, said book to be placed in a locker- on molding floor, to which the foreman and the molder so elected shall eacb carry a key. Clause 16, Conference 1902. The general trend of Industrial deve.opmenf is towards employing skilled labor, as far as practicable, at skilled work, and In conformance with this tendency every effort should be made by the members of the S. F. N. D. A. and the I. M. IT. of N. A. to enable the molder to give seven hours of service per day at molding, and to encourage the use of unskilled help to perform such work as sand cutting and work of like character, when the molder can be given a full day's work. Clause 17, Confbbbncb 1902. Inasmuch as It is conceded by the members of the S. F. N. D. A. that the earnings of a molder should exercise no influence upon the molding price of work, which is set. according to well-established prece- dent and rule of conference agreements, by comparison with other work of a like khid, the placing of a limit upon the earnings of a molder in the seven hours of molding should be discountenanced In the shops of members of the S. F. N. D. A. Clause 18, Conferbnce 1902. When a full floor of new work is given a molder he should be guaranteed the day-work rate of pay for the first day, in order that he may be given an opportunity to get the Job in good running order [101] 102 BULLETIN OF THE UNIVEESITT OF WISCONSIN became the basis of a similar system** established in 1899 be- tween the same union and the National Founders' Association. The agreement^' made in 1899 between the Iron Holders' Con- fer piecework ; if, howeven. tlie molder sliould earn more tlian the day-work rate lie sliould be paid his full earnings. Clahsb 19, CONFEEENCB 1902. Where a change of Job is made the molder often loses considerable time and is put to great inconvenience through the necessary clamps, boards and other facilities needed for the job not being sup- plied to him promptly. We believe that in well-regulated shops that should be made a feature of the shop management and should be a subject of favorable recommendation to the members of the S. F. N. D. A. ** New York Agreement between National Founders' Association and Iron Molders' Union of North America, Conference 1S99. Whereas, the past experience of the members of the National Founders' Asso- ciation and the Iron Holders' Union of North America, justifies them in the opinion that any arrangement entered into that will conduce to the greater harmony of their relations as employers and employees, will be to their mutual advantage ; therefore, be it Resolved, That this committee of conference endorse the principle of arbitra- tion in the settlement of trade disputes, and recommend the same for adoption by the members of the National Founders' Association and the Iron Molders' Union of North Amarica, on the following lines : That in the event of a dispute arising between members of the respective or- ganizations, a reasonable effort shall be made by the parties directly at interest to effect a satisfactory adjustment of the difficulty ; failing to do which, either party shall have the right to ask its reference to a committee of arbitration ■which shall consist of the presidents of the National Founders' Association and the Iron Holders' Union of North America, or their representatives and two other representatives from each association appointed by the respective presi- dents. The finding of this committee of arbitration, by a majority vote, shall be ■considered final in so far as the future action of the respective organizations is concerned. Pending adjudication by the committee on arbitration there shall be no cessa- tion of work at the instance of either party to the dispute. The committee of arbitration shall meet within two weeks after reference of the dispute to them. ™ Agreement between the Iron Moulders' Conference Board of New York and Vicinity and the Foundrymen of New York City. We. the undersigned Foundrymen of New York city and vicinity, and the Iron Houlders' Conference Board of New York and vicinity, believing that this constant wranigle over wages and resulting in strikes and lockouts, Is an ele- ment of disturbance to our mutual interests, do, for the purpose of avoiding the same, hereby agree: First : That on and after June 1. 1899, the moulders in our employ will be paid a minimum wage, as follows : Floor moulders, $3 ; bench moulders, $2.75 per day, wages paid above this rate to be maintained, and that this rate shall continue in force until Hay 1. 1900, and thereafter, unless otherwise deter- mined, as follows : Second : That yearly conferences of the Foundrymen of New York City and vicinity, and said Iron Houlders' Conference Board, for the purpose of agreeing upon a wage scale for the ensuing year, shall be held ; and that all such agree- ments, including that contained in the first clause of this agreement, shall be binding upon both parties until the 30th day of April next following, and un- less thirty days previous thereto of any year notice of a desire to change the [102] SCHAFITNEE LABOE CONTEAOT 103 ference Board and a majority of the foundrymen of New York City further illustrates the advantages of collective agreements to both parties to the labor contract. The joint agreement system established between the Interna- tional Association of Machinists and the National Metal Trades Association^" in 1899 Was short lived. Dispute arose as to the interpretation of the nine-hour clause and the strikes which followed resulted in the break-up of the national system in 1901. However, local agreements'^ were generally entered into between employers and the Machinists' Association after the settlement of the difficulties and probably the re-establishment of the na- tional system is only a question of time. wage rate be given by either party to tliis agreement, the wage rate then pre- vailing shall he the wage rate for the next toUowing year. Third : , If no notice for a desire of change in the wage rate be given by ■either party thirty days previous to April 30th of any year, the holding of the yearly conference may be dispensed with, and the action of the previous con- ference shall continue operative for another yeai'. Fourth : That during the months of June. July and August, beginning with the first Saturday in June will ,je observed as a holiday for the entire day, and that each alternate Saturday, beginning with the second Saturday in June will be observed as a work day unless otherwise agreed upon. Fifth ; Any complaint made by the foremen of the different foundries as to the amount of work being performed by an Individual moulder, shall be referred to a special committee of three fellow moulders in said shop for adjustment ; and such adjustment if unsatisfactory, shall be appealed to the two associations parties to this agreement. Sixth : That any foundry which runs overtime shall, except in case of acci- dent or cause beyond control not consuming more than thirty minutes time, pay to its moulders time-and-a-half. New Yoke, May 23, 1899. ™For their forms of organization see International Machinists' Union of America, Pounded June U, ISSl; Constitution Adopted Sept. 26, 1891; Interna- tional Assooiation of Machinists, Constitution of the Grand Lodge and of Sub- ordinate Lodges, Revised and Adopted at Toronto Ontario, June, 1901 and Na- Hanoi Metal Trades Assooiation, OonstitutiMi, By-laws, Declaration of Prinoi- fles. Resolutions, Cincinnati, 1902. "The following agreement entered into between Buckeye Lodge, No. 55, of Co- lumbus, Ohio, and the metal manufacturers of that city, Jan. 21, 1901, Is typi- cal of local agreements between the International Association of Machinists and tlie Metal Trades Association. First The minimum rate of pay for machinists will be 25 cents per hour unless working by the piece, prices for which are to be mutually agreed upon between employer and employee. The rate for tool-makers and die-sinkers shall be 30 c4nts per hour. Machinists employed in tool rooms of machine shops are not to be considered tool-makers or die-sinkers. _ Second. All overtime between 6 and 10 P. M. shall be paid for at time and one-quarter. All overtime from 10 P. M,, also Sunday, Labor Day, July 4th, -Thanksgiving and Christmas Day shall be paid for at time and one-l^alf^ Third. In the employment of apprentices, one shall be allowed to the shop [103] 104 EULLBTIN OP THE UNIVEBSITY OF WISCONSIN Local systems of collective bargaining in the metal working and machine trades have also been secured by the International Brotherhood of Blacksmiths,"^ and by the Metal Polishers" Buff- ers', Plasters', and Brass Workers"^ International Union of North America. Wood Working. In the wood-working trades, the Amalga- mated Wood-workers' International Union has been especially successful in securing recognition and joint agreements since its and one to every five machinists or fraction of five. Tlie compensation for sucll apprentices sliall be In accordance witli the scale establislied for the Interna- tional Association of Machinists, as follows : $0.50 per day for the 1st year. .75 per day for the 2d year. 1.00 per day for the 3d year. 1.25 per day for the 4th year. It is agreed, however, in shops where the number of apprentices now employed exceeds the above ratio, no more shall be employed until the number shall have been reduced to the above limit. After an apprentice shall have served his four years' time In one shop, he shall be given his clearance papers by the employers with whom such time shall have been served. Fourth. In employing machinists, no discrimination shall be made between union and non-union men. Fifth. When necessary to reduce the force employed, it is agreed that when re-engaging men the preference be given to former efficient employees. Sixth. In ease of grievances arising, the employers agree to receive a com- mittee of employees to investigate and endeavor to effect a settlement. One-half of said committee is to be selected by employers and the other half by em- ployees. The latter may be members of the shop committee. Seventh. It is expressly agreed that if any employee is found guilty of in- terfering or annoying in any way his fellow-workmen, such act shall make the offender subject to immediate discharge. Eighth. Such employees as are capable of doing work not requiring the skill of machinists shall not be affected by this agreement. Ninth. Employees shall be governed by the rules regulating and governing the management of Individual shops in which they are employed. Tenth. This agreement shall remain in force until January, 1, 1902, and unless notice is given by either party thirty days prior to that date, it shall remain in force for another year thereafter. On behalf of Metal Trades Association. E. Jbpfeet, President. Hahold G. Simpson, Secretary. On behalf of International Association of Machinists. H. L. Wedemeyee. Secretary. Wm. Weib, President. Witnesses : Hutchin, Kingsbury. •2 For their general rules see International Brotherhood of BlachsrrCiths, Con- stitution and By-lOADS, Revised and Adopted a.t Buffalo, N. Y., Sept. 8-6, 1901. "»For an Interesting development of boards for arbitration within the trade Bee: — Constitution of the International Brotherhood of Brass Workers, 1890, Art. 14, Sec. 1. "Whenever any grievance arises between members of this organization and their employers, the shop committee shall use every effect to arbitrate and settle the difficulty. If unable to effect a settlement the shop [104] SCHAFFNEB LABOR CONTRACT 105 organization in 1890.'* This has been due in part to the con- centration of business in large factories with the consequent combination of workmen, and also in a large measure to the very- efficient officers at the head of the International Union. The Amalgamated Woodworker-s' Council of Chicago has for a number of years"' entered into agreements with the Mill Men's Club of Cook county. These agreements in general provide for the employment of union men, the use of the union stamp, the adoption of a minimum wage scale, the exclusion of piece work, the regulation of apprenticeship, the recognition of union representatives, and the establishment of an arbitration commit- tee to settle disputes."® Local agreements"^ exist in most of the committee shall report to tlie president ol the local brotherhood who shall call a special meeting to take action on the same. Sec. 2. The local brotherhood shall then appoint a committee of three . . . the president and two others, who shall immediately endeavor to arbitrate and effect a settlement. Sec. 3. If the local brotherhood is unable to effect a settlement, it shall then be referred to the international executive board within forty-eight hours. Sec. 4. The international executive board shall have full power to arbitrate and settle all diflculties and grievances that may arise. Sec. 5. The International brotherhood guarantees its moral and pecuniary support to all its members in difficulties which may arise between them and their employers. Sec. 27. In places where more than one Local holds a charter, said Locals shall form a joint strike committee for the management of all strikes or lock- outs." Also see the Constitution of Brass Moldera' Union, No. 1 of Chicago, 1890, By- laws, Art. 6, Sec. 1, which provides as follows : "In case of trouble of any kind in any shop no member or any number of members can declare that shop on strike without first bringing the trouble before the union and the union must sanction the strike by a two-thirds vote before any of the members will b» allowed to quit work. Any member going on strike without first being au- thorized to do so by this union will be fined .flO, and if not paid, will be ex- pelled." For present regulations in the trade see Metal Polishers, Buffers, Platern, Brass Molders £ Brass Workers International Union of North America, Due Book and Constitution, N. Y., 1902. MFor £Ui account of the first steps in the formation of the Machine Wood- workers' International Union of America see the Machine Woodworker, Dec. 1890, and Sept., 1891. For a statement of their principles see the Constitution, adopted at Bt. Louis, Aug., 1890; revised at Chicago, Dec. Btth to Slst, iSTO. '= See Cyclopedia of Information for Woodworkers for the agreement en- tered into Oct. 4, 1897. "For a typical agreement between the AnMUga/niated Woodworkers Council of Chicago and the employers see appendix 11. "The following form has been commonly used by local unions of woodworkers In bargaining with employers. Amalgamated Wood-workers International Union. Articles of Agreement. Agreement entered into on this, the day of • — -, 18 — , between [105] 106 BULLETIN OF THE UITIVERSITY OF WISCOHSIIT large cities and in the smaller towns whicli are wood-working •centers. The woodworkers' union has been involved in a large number of demarcation disputes. On the one hand they have met the opposition of the Brotherhood of Carpenters and Joiners which ■claims jurisdiction over work covered by the woodworkers and on the other hand they have had controversies with the United Order of Box Makers and Sawyers because this union covers work over which the woodworkers claim jurisdiction. With the rapid development of various lines in the woodworking indus- tries it has been inevitable that factional differences should dis- , manufacturer ot , part — of the first part, and the undersigned rep- resentatives of Amalgamated Wood-Workers' Union, No. of , parties of the second part. Article 1. The part — of the first part hereby agree — to hire none hut mem- bers in good standing of the Amalgamated Woodworkers' International Union, who carry the card issued by the above branch of said organization, or who shall signify their intention, or ma^e application for membership in said union. Article 2. The representative of the Amalgamated Woodworkers' Union No. ■ shall have access to the factory of the part — of the first part at any rea- sonable time. Article 3. The minimum scale of wages for cabinet makers and bench hands shall be $ for hours ; for machine hands, $ ■ for hours, and for finishers, $ for hours, and it shall be understood that all em ployes who receive more than 'he foregoing scale shall not be subject to anj reduction in said wages by reason of the adoption of this minimum scale. Article 4. In consideration of the above the parties of the second part hereby agree that the part — of the first part shall be furnished, and have the right to use the union label issued by the Amalgamated Woodworkers' International Union. Article 5. Party of the first part may have one apprentice to every ten bench men, or fraction thereof, and one apprentice to every five machine men, or fraction thereof. Each apprentice shall serve a term of three years at the following rate of wages ; "First year, per day ; second year ■ per day, and the third year per day. No one shall be accepted as an apprentice who is over twenty years of age. Apprentices over sixteen years of age shall be obliged to carry the apprenticeship card of the Amalgamated Woodworkers' Union, No. — — of . Article 6. In the event of any dispute arising between the parties to this agreement, then the part — of the first part, along with a representative or rep- resentatives of the Amalgamated Woodworkers' Union, shall endeavor to arrive at a settlement that will be satisfactory. In case no settlement is arrived at then the part — of the first part shall appoint one member, the parties of the second part another member, and the two parties so selected shall appoint a third member of an arbitration committee whose decision in the matter shall be final. Article . This agreement shall be in force from the date of the signing hereof until . For the part — of the first part. For the parties of the second pwrt. (Seal) (Seal) (Seal) (Seal) Strike out objectionable matter, and insert special articles not provided for above. [106] SCHAFFNEK LABOE CONTEAGT 107 turb the separate groups of workmen organized into separate unions. Such differences are qnite common in the early stages of development of labor organizations. With more complete organization petty differences due to demarcation disputes are usually eliminated through the disinterested efforts of labor leaders in neutral unions, who act as arbitrators between con- tending organizations. Gradually adjustments in accord with the nature of the different employments are worked out and the dividing lines between trades become definitely established.** The Coopers' International Union,'" and the United Order of Box Makers and Sawyers have also developed the joint agree- ment system within recent years. Olass and Pottery Trades. In the glass and pottery trades^ wage scales and other conditions of employment have been agreed upon in annual conference for quite a number of years. In 1885, the Flint Glass Manufacturers' Association, composed of 17 firms, created a general lockout by closing their works against all union men. In 1893, the United States Glass Com- pany inaugurated a lockout against union men which lasted for three and one-half years. Similar fights were carried on at va- rious times. Nevertheless, the union continued to grow and at the present time it controls 85 per cent of the workmen, or prac- tically all of the skilled labor in the flint glass trade. When the National Glass Company was incorporated in 1899, it permitted all of its nineteen separate works to be unionized rather than face a strike of union men who objected to working in the same establishment with unorganized labor.^ The glass trade furnishes a striking example of concentration in industry followed by cor- »' Compare the action of tlie CMcago Federation of Labor, in June, 1902, In establishing a commission composed of one delegate from each affiliated union, to adjust demarcation disputes among contending unions. »» The Coopers' International Union, Constitution, 1392; Art. 4, Sec. 1, provides that "all difficulties arising between employers and employees shall be referred to the local Executive Board who shall constitute a Board of Arbitration who alone shall have power to order strikes." The agreements made by the Coopers generally provide for arbitration of disputes not covered in the written contract. ' For conditions in the pottery trades see the Wage scale adopted by the Sani- ta/ry Manufacturing Potters' Association and National Brotherhood of Operative Potters, to take effect July 7, 1V02. Trenton, N. J. 1902. 2 Testimony of Addison Thompson, Secretary of the National Glass Company before the Industrial Commission, September 12, 1900, U. S. Ind. Com. Report, Vol. 7, 828-41. Also see testimony of James Campbell, Bx-Presldent Glass Workers of Amer- ica given March 9, 1899 ; 43-54. [107] 108 BULLETIN OF THE tTNIVEESITY OF WISCONSIN responding combinations of labor which insisted upon the right of organized collective action in order to maintain the position they had enjoyed under individual production.' ' For typical scales adopted by the American Flint Glass Workers Union and the Associated Glass Manufacturers see the following: Wage and move list of the paste mould department adopted iy the Associated Manufacturers & A. P. O. W. U. in joint committee meeting. Revised iy conference, August, 1899; Price list of the prescription T)ranch revised at a revresentative conference meeting tetween the Western Flint Bottle Association and the A. F. 0. W. U. 1900-1901; Revised wage and move list of the Chimney iranch, A. F. O. W. U., made at Muncie, Ind., 1S99, and revised by the conference of mnnufacturers and workers in 1900; to continue in effect until June SO, 190B; Price Ust adopted by the Glass Bottle Blowers' Association of the United States and Canadoi, and the Flint Pre- scription Manufacturers' Association, oipplying to covered pots only. Blast of 1902-190S. Camden, N. J. 1902. The following form of agreement, used by the glass workers In Illinois, Illus- trates the main features of collective contracts in the glass working industry. Glass Workers. Agreement entered into this .... day of . . . . , 190 .. , between manu- facturers of parties of the first part, and the undersigned representatlyei of Local No. 1 of Chicago, Amalgamated Glass Workers International Associa- tion of America, party of the second part. Article 1. The party of the first part hereby agree to employ none but mem- bers of the Amalgamated Glass Workers International Association who carry the current quarterly working card of said association or those who are willing to become members of said association and are competent workmen and eligible to membership in said union. Article 2. Should It appear that the party of the first part employs any per- son or persons who are not eligible to membership in the Amalgamated Glass Workers International Association then such employes shall be or become mem- bers of the organization to which they may belong. Article 3. The following minimum scale of wages shall prevail : Per hour. Roughers $0 30 Smoothers 30 Emeryers 30 White wheelers 27 Eoughers 27 Scratch markers 31 Scratch polishers 25 Scratch polishers machine hands 23 Silverers Sllverers helpers 22% Wheel cutters Bevelers on lead work 25 Designers (stain glass) 30 Designers (sand blast) 36 Figure painter (class B) 41 Draughtsmen 35 Glass painters cartooners 59 Drapery painter (class C) . . . . 35 Canopy emblem painters(class D) 28 Glass cutters 31 Cutter, assistant mirror 25 Metal sash glaziers 31 Per hour. Lead glaziers ?0 28 Prism glaziers Glass setters (inside) Glass packers Cementers Pattern cutters (stain glass) girls only Kiln tenders Emergency men Tracers (sand blast) Stencil makers Gilders Stencil foil cutters Free hand foil Finishers Chippers Washers Bnamelers Machine men G'ass sign builders Transferers Gi'ass sign builders Helpers 25 25 22% 19% 21 30 25 28 23 17 28 17 26 22% 25 25 22% 17 And It shall be understood that any or all employes who are receiving more [108] SCHAFFNEE LABOR CONTRACT 109 Mining. In coal mining the beginning of conference commits tees can be traced back to 1869 in the anthracite regions. In that year the employers' association in the Schuylkill district than this minimum scale shall suffer no reduction by reason of the adoption of this agreement; it shall be further understood that any branch of this Amal- gamated Glass Workers International Association which has no minimum wage scale herein specified, shall receiye such scale as the party of the first part and the party employed may agree upon. Article 4. Section 1. Nine hours shall constitute a days work for all branches of the trade involved In this agreement, except designers, cartooners, draughtsmen and glass painters, for whom eight and one-half hours shall be a day's work. Section 2. It is agreed that all employes shall end their day's work one hour earlier on Saturday. Section 3. Beginning with the first Saturday in May and ending with the first Saturday in September all employes shall have Saturday afternoon off, no time over nine hours in any one day shal! be worked during the week to make up for time lost on Saturday, unless such time is paid for at the rate of time and one-half. Article 5. Time and one-half shall be paid for all overtime, and double time shall be paid after 10 :00 o'clock p. m., also for Sundays and the following legal holidays: New Years. Decoration, Fourth ot July, Thanksgiving and Christ- inas days, and under no circumstances will a member of the organization be allowed to work on Labor day, and it shaU be understood that over-time shall begin at the end of any regular day's work and shall be considered overtime until the beginning of any regular day's work. Article 6. The party of the first part, and the party of the second part, hereby agree that all apprentices now ernployed shall remain as apprentices in the shop in which tney are employed, and their time of apprenticeship shall be three years, from the time they commence to work at the trade, at the follow- ing minimum scale of wages : First three months in the first year, on proba- tion; second three months, ten (10) cents per hour; the next six months, twelve (12) cents per hour; first six months in the second year, fifteen (15) cents per hour; next six months, eighteen (18) cents per hour; first six months in the third year, twenty-one (21) cents per hour; next six months twenty-five (25) cents per hour, and after the expiration of the three years they shall recieve the regular minimum scale of wages as specified in article three of this agree- ment. Article 7. (This article Is to be applied to all apprentices who may com- mence to learn the trade after the adoption of this agreement.) The party of the first part, may have one apprentice to every ten. (10) journeymen regularly employed or a majority fraction thereof and one apprentice to every additional ten (10) journeymen regularly employed or majority fraction thereof, each apprentice shall serve a term of four (4) years in one shop at the following minimum scale of wages : First three months of the first year, on probation ; second three months, ten (10) cents per hour; the next six months, twelve (12) cents per hour; the first six months in the second year, fifteen (15) cents per hour; next six month[s], eighteen (18) cents i>er hour; the next six months in the third year, twenty-one (21) cents per hour ; the next six months, twenty- five (25) cents per hour ; the first six months in the fourth year, twenty-seven and one-half (27%) cents per hour: the next six months thirty (30) cents per hour and after the expiration of his apprenticeship he is to receive the regular scale of wages as provided for in article three of this agreement. No one shall be accepted as an apprentice under sixteen (16) years of age or over twenty (20) years of age. All apprentices shall carry the current quarterly [109] 110 BtrLLETK2ir OP THE UNIVEKSITY OF WISCONSIN reached an agreement with their employees and adopted a scale of prices.'' The operators became dissatisfied with the scale and the following year proposed a reduction in wages, The miners, apprentice working card of the Amalgamated association, and It is understood that all apprentices learning to cut stained glass shall also learn how to make patterns. Article S. The parents or guardians (if any) of all apprentices shall be Informed of the condition of this agreement, pertaining to their case, and if they have no objections then such applicant for apprenticeship may be employed as specified in this agreement. Article 9. Should any employer cease to do business and thereby throw an apprentice out of employment, then such apprentice may work for any employer, who may desire his service until there is an opportunity of placing said apprentices in regular apprenticeship. Should any apprentice leave his place of employment before the expiration of his term of apprenticeship, then the pa[rlty of the second part herehy agrees not to permit such apprentice to work in any shop under their jurisdiction. Article 10. It is hereby agreed by the party of the first part, that the authorized representative of the party of the second part shall have access to that part of the shop or factory where members of the party of the second part are employed, Ut any reasonable time, after such representative has applied at the office or to the person in charge of the shop or factory, such representa- tive shall make a brief statement of the object of his call ; he shall make no unnecessary delay in attending to the matter for which he has called for. Article 11. It Is further agreed that a strike to uphold the articles herein set forth or to uphold union principles shall not be considered u. violation of this agreement. Article 12. There shall be apppolnted from among the regular employees of each shop or factory a steward who shall hear complaints and grievances of all kinds and if he finds them well-founded he shall endeavor to adjust the same with the employer or his representative, or he may refer the same to the union or to their authorized representative. Article 13. All goods manufactured by the party of the first part shall bear the label or trade mark of the Amalgamated Glass Workers International Association, which label or trade mark will be furnished free of charge to all employees who have signed this agreement. Article 14. The party of the second part hereby agrees to continue to do all in their power and to save no expenses to bring about conditions throughout the country comparatively similar to the articles herein set forth. Article 15. It is agreed that between the 1st and 15th of April, of each succeeding year, the party of the first part and the party of the second part will meet for the purpose of discussing the conditions of the trade and for the purpose of the renewal of this agreement or of making any desired change in the same. Article IG. In all cases where an employer works at any of the branches of the crade herein mentioned, then such employer or employers agree to work only during such time as at least a majority of his or their employees * During the strike in the summer of 1869 the Executive Committee of the Coal Association of the Schuylkill region submitted a scale to the men. At a meeting of the General Council of the Workingmen's Benevolent Association the proposition of the operators was considered and It was resolved, — "That . . all districts or branches that can agree with their employers as to- basis and condition of resumption, do resume work." [110] SCHAFFNEK LABOR CONTRACT 111 thereupon went on strike but before the end of 1870 a compro- mise scale was adopted.' In 1871, there was trouble again over are also working and any infringement on tliis article by any employer shall be considered a violation of this agreement. Article 17. The party of the first part hereby agrees not to deliver any material to any employer on whom a strike has been called, after forty-eight. (48) hours notice has been given in writing hy the party of the second part. Article 18. In the event of any dispute between the parties of this agree- ment, the party of the first part and the representative of the party of the second part, shall endeavor to arrive at a satisfactory settlement and in case no settlement can he arrived at then the party of the first part, and the party of the second part, shall each appoint a practical man, and those two shall appoint a third within forty-eight (48) hours after any dispute has arisen, the three to act as a Board of Arbitration, whose decision shalU be binding on both parties of this agreement. Daring this time no strike or lockout shall be declared by either party. The decision of the arbitration committee shall take effect from the time said committee went Into session ; the expenses of this board to be borne by both parties. Article 19. Should this agreement be signed by an authorized representative of an employers' association th[e]n a. list of the names of all employers so [a]£Cected shall accompany this agreement. Article 20. This agreement shall take effect on the day of 190 and shall continue in effect until the day of 190 For party of the first part. For party of the second part. ^ The following agreement supplementary to and explanatory of the scale was- also adopted : Agreement. Made at Potsville this 29th of July, 1870, between the Oom- mtttee of the Anthracite Board of Trade and the Committee of the Working- men's Benevolent Association. "It is agreed that the WorMngmen's Benevolent Association shall not sustain any man who is discharged for incompetency, bad workmanship, bad conduct, or other good cause ; and that the operators shall not discharge any man or oflBcer for actions or duties Imposed upon him by the Workingmen's Benevolent Association. It is further agreed that the spirit and intention of the resolution (called the equalization resolution) passed by the Workingmen's Benevolent AssociaUon, Is that each man shall work regularly ; and it is the place of the bosses and operators to see that he does. . . . For obtaining the price of coal monthly, the president of the Antlvraoite Board of Trade and the president of the Workingmen's Benefit Association of Schuylkill County shall meet on the twentieth day of each month and select five operators who shall on the 25th inst. following produce a statement, sworn or affirmed to, of the prices of coal at Port Carbon for all sizes above pea coal. The five operators shall be selected from the list of those sh'pping over forty thousand tons annually, but none shall be selected the second time until the list is exhausted. The price of coal so obtained shall fix the rate of wages for that month ; and this agreement in regard to the mode of obtaining prices shall remain In- force during the year 1870." [Ill] 112 BTJLLETIN OS THE UNIVEESITT OE WISCONSIN the recognition of unions, and the question of wages and condi- tions of employment. These questions were finally settled by arbitration.^ Within a few months the price of coal fell consid- erably below the basis adopted. Although it was a violation of their agreement, the miners demanded that wages should con- tinue on the scale basis and the employers were forced to con- cede to their demands in one company after another.^ The lack of a conciliatory spirit and the want of good faith on both sides brought these first attempts to form joint agreements to an end early in the seventies. The miners^ and operators" in the bituminous coal regioiis have furnished many examples in making mutual concessions and in keeping good faith in collective bargaining. After continuous strikes and lockouts for over ten years in the bituminous coal regions, traces of a more conciliatory spirit came into evidence in the early eighties. January 3, 1880, sev- eral hundred miners obtained a scale of wages from operators ' In the articles of agreement adopted between the Anthracite Board of Trade and the Miners' and Lahorers Benevolent Association pro-visions for future arbitration was made as follows : "I. All questions of disagreement in any district, excepting wages, which cannot be settled by parties directly interested, shall he referred to a district board of arbitration, to consist of three members on each side, with power, in case of disagreement, to select an umpire whose decision shall be final. No colliery or district to stop work pending such arbitration. II. If any question arises involring the whole county, a board of arbitration shall be chosen, consisting of flye members on each side, with the same rights and duties as for district boards." 'Pennsylvania, Bureau of Industrial Statistics, Report, 1880-81, 286-305. ' For the general principles of the United Mine Workers see the Constitution and Laws of the United Mime Workers of America EstaiUshed Jam- 25, i890. Also compare the Official Prospectus, Journal, and Roll of Honor of District No. 12 of the United Mine Workers of America Containing a History of the Mining Industry of Illinois, History of the United Mine WorKers of America, Aims and Objects, etc., Chicago, ISOO. Also see the Report of William B. Wilson, lfationa,l Secretary-Treasurer of United Mine Workers of America Year Ending Dec. SI, X902. The general policy of the United Mine Workers may be seen in the Minutes of the Annual Conventions from 1900 to 1902; and In the Minutes of th» Special Convention, Called to Consider the Anthracite Strike, Indianapolis, Ind., July 11, IS and 19, 1902. ' For the principles of the Illinois Coal Operators Association see their Con- stitution adopted Jan. 29, 1901; Effective April 1, 1901. Also see pamphlets by Herman Justi, Commissioner at the Illinois Coal Opera-- tors Association, on Plans of Conciliation amd Arbitration ; The Illinois Coal Operators' Plan for Preventing Strilces; Organization of the Employers Class; and, Common Sense and the Labor ProMem. [113] SCHABFNEE LABOR CONTRACT 113 in the Mineral Ridge district of Ohio. Similar concessions were made by operators in several other localities about this time. These scales applied only to single mines and were usually ob- tained as concessions after successful strikes.^" The first move- ment toward forming a national system- of collective bargain- ing in the bituminous fields occurred in 1885. In that year a conference was held between representatives of the operators and miners of Ohio, Indiana, the northern district of Illinois, and the western portion of Pennsylvania. The following year they held another conference at which they entered into an agree- ment and adopted a scale of wages adjusted to the various com- petitive districts. These interstate agreements fixing the scale of wages and regulating conditions of employment, were entered into for three successive years. In 1889, the operators of the eastern, central, and southern districts of Illinois refused either to take part in the conference or pay the scale of wages made for their districts. Their competition compelled the operators of northern Illinois to withdraw and so this first interstate, joint conference movement came to an end. At the last annual con- ference one of the operators from Pennsylvania said: — "Three or four years ago ... we met together. . . . After a great deal of discussion and several conferences, we found a com- mon standing ground. "We formulated scales; we established peace "We established good will where before had been either open warfare or an unfriendly peace. . . . "We have accomplished marvelous results during the last three years. "We are convinced of the wisdom and justice of the principles of arbitration. . . . "^^ This witness to the value of joint agree- ments was endorsed by the subsequent action of the miners and operators of Ohio and Indiana, who continued to meet in separate state conferences after the interstate meetings had come to an end.i2 From 1890 to 1896 the wages of bituminous workers in lUi- "Ohio, Bureau of Labor Statistics, Fourth Annual Report, 1176. " Miners and Operators Fourth Annual Conference held at Indianapolis, Feb. 5-7, and at Columbus, Mar. 12-14, 1889. Official Verhatim Report 113, 114. "Testimony of Jobn Mitchell, President of United Mine Workers of America, before TJ. S. Industrial Commission, July, 1901. Ind. Com. Report, XII. 698. 8 [113] 114 BULLETIN OF THE UNIVERSITY OE WISCONSIN nois decreased some 17 per cent. In other mining districts wages- declined sharply. In the early part of 1894 the United Mine Workers of America agreed in their convention that they would require a uniform scale of all coal operators in the country. The refusal of operators to concede the rate, resulted in a general strike in which more than 125,000 workmen were involved. After eight weelvs the strike resulted in a compromise. The disastrous results of the bituminous coal strike of 1897 upon miners and operators alike, led to an understanding whereby a joint conference of the operators and miners of Illi- nois, Indiana, Ohio and the western part of Pennsylvania was held in the spring of 1898.^^ This conferences^ agreed upon a scale of wages and the conditions of employment which were to prevail in the four competitive districts for the following year. Since that time a joint conference has been held each year.^" Some of the substantial results which bituminous miners have obtained from this system of collective bargaining are: — ^An average increase of 40 per cent in wages, the establishment of the 8-hour working day, the semi-monthly payment of wages in cash, and the regulation of the size of the screens. On the other hand, the operators have gained through the establishment of a fair competitive basis, and the adjustment of labor disputes without interruption of work.^* A strong guarantee for industrial peace is found in the elab- orate system of arbitration within the trade, which has been developed in these joint annual conferences between bituminous miners and operators.^^ The present agreement between the '=Ibid, 698, 699. " For a complete account of this conference see Official Report of Prooeed- inge of the Joint Conference of Miners and Operators, Held at CMca^o, III., Jan, 11-28, J893. '=See the Official Report of Proceedings of the Annual Joint Conference of Miners and Operators of Illinois, Indiana, Ohio, and Pennsylvania in Inter- state Convention, for the years 1899-1902. Also compare the Proceedings of the Joint Convention of the Illinois Coal Operators Association, and the United Mine Workers of America, District 12, Fel).2i to March IS, 1902. "Testimony of Hermon Justt. Commissioner Illinois Coal Operators' Associa- tion, before the U. S. Industrial Commission, May 13, 1901. Ind. Com. Report, XII, 677-97. " For typical agreements see the Joint Interstate Agreement, the Illinois State Agreement, and the District and Local Agreenients, for the Scale Year Ending March SI, 1901. Issued Oct. 1, 1900, iy the Commissioner of the Illinois Coal Operator's Association. [114] SOHAFFNEE LABOE CONTRACT 115 Illinois Coal Operator's Association and the United Mine "Workers of America, District, Number 12, makes the following provision for the adjustment of disputes: "In case of any- local trouble arising at any shaft through such failure to agree between the pit boss and any miner or mine laborer, the pit committee and the miners' local president and the pit boss are empowered to adjust it; and in the case of their disagreement it shall be referred to the superintendent of the company and the president of the miners' local executive board, where such exists ; and shall they fail to adjust it — and in aU other cases — ■ it shall be referred to the superintendent of the company and the miners' president of the sub-district; and should they fail to adjust it, it shall be referred in writing to the officials of the company concerned and the state officials of the United Mine Workers of America for adjustment, and in all cases the miners and mine laborers and parties involved must continue at work pending an investigation and adjustment until a final decision is reached in the manner above set forth." To provide against any possible interruption of work, except in case of a general strike of the entire district, the contract further provides that, if any men refuse to continue work on account of a grievance which has not yet been adjusted, and if such action is likely to impede the operation of the mine, then the pit committee shall be under obligation to furnish men to take the vacant places at the scale rate, and members of the United Mine "Workers shall be in duty bound to fill the positions so appointed by the com- mittee. This arrangement places the whole strength of the Na- tional body back of the enforcement of the contract. This guar- antee of peaceful adjustments is one of the advantag-es gained by operators from their full "recognition" of the local and na- tional unions. Tra/nsportation. The systems of collective bargaining in force on our leading railways, present a marked contrast to the methods of individual bargaining during the early period of organization among railway employees. The one-sided attempts of either employers or employees to modify conditions of em- ployment during the period of weak organizations among rail- [115] 116 BULLETIN OF THE UNIVEESITY OF WISCONSIN way workmen invariably resulted in desultory warfare^* in which both sides suffered. That the railway strikes of the seventies were largely due to the attempt of employers to de- termine conditions of employment "without any interference with their business" by their workmen is indicated by various lines of evidence. The Joint Committee of the Pennsylvania Legislature appointed in 1878 to investigate the causes of the strikes reported that "The riots grew out of the strike of the railroad men, and the strikes themselves were the protest of the laborer against the system by which his wages were arbi- trarily fixed and lowered by his employer without consultation with him and without his consent. There are many other causes that combined to bring about the strikes, but the cause mentioned underlies the whole question, and it is the foundation of all the trouble." Since that time organization among railway em- ployees has developed until their participation in fixing condi- tions of employment is "recognized" as a matter of course for the stronger unions and questions in dispute are usually settled in peaceful conferences between representatives of the companies and of the workmen.^' At the present time the Locomotive Engineers,^" the Railway •* For an account of railway disputes during this period see the Pennsylvama Bureau of Industrial Statistics Report for 1880-81. See especially the accounts of the strike on the Pennsylvania Railroad, in 1873 ; on the Erie, in 1874 ; on the Delaware, Lackawanna, and Western, in 1875 ; on the Ohio and Mis- sissippi, and on the Delaware, Iiackawanna and Western, in 1876. For the great strikes of 1877, see the Report of the Joint Committee of the State Legislature of Pennsylvania appointed in 1878 to "examine into . . . the railroad riots." The railroads involved in these strikes Included : The Balti- more and Ohio ; the Pennsylvania Central ; the Lake Shore and Michigan SouthernI : the Erie ; the Pittsburg, Cincinnati and St. Louis ; the Pittsburg, Fort Wayne and Chicago ; the Vandalia ; the Ohio and Mississippi ; the PhiOa- delphia and Reading; the Philadelpha and ETie; the Cleveland, Columbus, Cincinnati and Indianapolis ; the Erie and Pittsburg ; the Chicago, Alton and St. Louis ; the Canadian Southern ; and some minor roads. "The following periodicals devoted to the interests of railway employees give contemporary data as to the condition of workmen in different branches of the railway service : Brotherhood of Locomotive Engineers' Journal, Loco- motive Firemen's Magazine, Baillway Conductor, Journal of the Switchmen's Union, Railroad Telegrwpher, Railroad Trainmen's Journal, Trackmen's Advance Advocate. "See Grand International Brotherhood of Locomotive Engineers, Constitution and By-laws. Instituted at Detroit, Mich. Aug. 17, 186S, as the Brotherhood of the Footboard. ReorganisHed at Indianapolis, Ind. Aug. 17, 186i under Pres- ent Name and Title. Revised, May, I89i, Cleveland, 1892. Section 8 of the standing Rules reads as follows : "Any chairman of a general committee of [116] SGHAFFNEE LABOE CONTRACT llY Conductors, the Locomotive Firemen/^ and the Railroad Train- men''^ all have elaborate systems for carrying on negotiations with employers. Their agreements are made with the separate rail- way companies^^ in conferences between officers of the brother- hoods and those of the railroads. adjustmeut when called upon by one or more sub-divisions on his system, shall be empowered in conjunction with local committees to adjust if possible all dilTerences that may arise betweeen members and their employers without convening the general committee of adjustment. If unsalaried his pay for such services shall be raised by an equal assessment on the members of the sub- division or sub-divisions making the call who are employed upon said system." Also see the Standing Rules, 1902, of the Grand International Brotherhood of Locomotive Engineers, given in appendix 4. »See Brotherhood of Locomotive Firemen, Organised Dec. 1, 187S, Oonsti- etitutlon Revised Sept, 1892 Terre Haute, Ind. 1892. Also see the Rules Relating to Loeomotlve Firemen on the Chicago, Rock Island, and Paaific Railway for 1902. Given in Appendix 5. ^''Sea Brotherhood of Railroad Trainmen, Organised at Onaonta, N. Y., Sept. SS, 188S; Constitution amd Qenero,l Rules, Revised and Amendled . . . in Effect on and after Aug. 1, 1901. Cleveland, 1901. ^'Agreement between the Ohio and Mississippi Railway Company, and the Brotherhood of Locomotive Engineers and Brotherhood of Locomotive Firemen, mo. Schedlue of Wages to be Paid Engineers and Firemen on the Ohio & Mississippi Railway. Article 1. The rate for passenger engineers shall be three and two- elevenths (3 2-11) cents per mile; the rate for freight engineers shall be four (4) cents per mile for four wheel and six wheel connected engines ; and four and one-fourth (4%) cents per mile for consolidated engines. In all cases where freight trains turn at Cochran and Vincennes there shall be an allow- ance of twenty (20) miles as an extra basis of pay, and local rate with twenty (20) miles added shall be paid for the train known as the Lebanon Coal train, to any point where it may run. The firemen of road engines to be paid flfty-four (54) per cent of the rate of wages paid to their engineers. Article 2. The rate of local or way freight engineers shall be five (5) cents per mile actual milage' on the main line, and four and one-half (4%y cents per mile on the Springfield Division and Louisville Branch. Article 3. Switching engineers on the Springfield Division shall be paid two dollars and fifty cents ($2.50) per day's work, twelve hours or less to constitute a day's work. Article 4. Engineers running between Watson .Junction and Jeffersonville shall be paid three dollars and twenty-five cents ($3.25) per day's work, twelve hours or less to constitute a day's work. All other rates not specified in these articles to remain as heretofore. Article 5. When, after being called for trains at terminal points, engineers are delayed two hours or more, they shall be paid thirty-five (35) cents per hour for the whole time delayed, less thirty (30) minutes; if delayed less than two hours, no allowance to be made. Article 6. Engineers and firemen dead-heading over the road under orders shall be paid two cents per mile for distance traveled. Article 7. Switching engineers and firemen having regular engines shall not be held off to give work to extra men. Article 8. Engineers called from duty on Company's business shall be paid [117] 118 BULLETIN OF THE TJNIVEESITT OB" WISCONSIN Practically all of the railway companies now recognize the stronger brotherhoods and deal directly with their officers. The organizations of the less skilled employees^* are much weak- er and up to the present time they have not had so great an influence in determining their conditions of employment. Street railway employees have also been able to secure col- lective contracts within recent years. The principal conces- sion which they have so far been able to gain through collective action has been a shortening of the hours of work.^° three dollars and fifty cents ($3.50) per day and expenses, and firemen one dollar and eighty cents ($1.80) per day and expenses. Article 9. Promoted firemen to be eligible to lull pay of freight engineer after one year's service as engineer; and, when promoted, to be paid three (3) cents per mile for the first six months, and three and one-half (3%) cents per mile for the second six months. Article 10. If any engineer or fireman shall be suspended or discharged, he shall be entitled to a fair and Impartial hearing with the priyilege of calling witnesses to testify on his behalf ; and, if he be exonerated, shall be re-instated and paid for time lost ; such hearing and investigation shall be had within ten days from date of such suspension or discharge unless insuperable difficulties prevent. It being intended that he shall have a hearing at the earliest reason- able, practicable date. Article 11. Fines shall not be imposed upon engineers for loss or breakage of tools, or damage to rolling stock, or for killing live stock. Article 12. Right to regular engines or runs shall be governed by seniority and capacity in road service on respective divisions, provided record is otherwise good. Artice 13. The list of extra men shall not be increased by the addition of new men as long as extra men can do the work and make reasonable wages. A monthly statement from the pay-roll of wages made by extra men shall govern such cases. Article 14. A copy of these articles shall be placed in the hands of the Mas- ter of Eolling Stock, Superintendent and Train Masters for reference. Article 15. The above to be acted upon in good faith on the part of the 0. & M. Railway Company and its engineers and firemen. Thirty days' notice of a desire to change the main features of this schedule of wages shall be given by either party desiring it, to provide ample time for careful consideration and con- ference about the subjects submitted. Ohio and Mississippi Railway Company, by (Signed), J. F. Barnard, President. (Signed), W. N. Cox, For the B. of L. E. (Signed), Jas. Gabriel, For the B. of L. F. "^See Switchmen's Mutual Aid Association of North America, Constitution and By-laws, Adopted . . isse. Revised, 1S9B/ International Brother- hood of Maimtenance-of-wwy Employes, Constituton of grand lodge and iv- la/ios for subordinate lodges. Revised and amended at St. Louis, Mo., 190S; and Order of Railway Telegraphers, Constitution . . . 1901. ^^ Interview with W. D. Mahon, President Amalgamated Association of Street Railway Employees of America, May, 1902. For a brief statement of conditions in street railway employment see: [118] SCHAFFNEE LABOE CONTEACT 119 Among the groups of workmen connected with water trans- portation the longshoremen^" have entered into national agree- ments with their employers.^^ Cigar Making. The President of the Cigar Makers' Inter- national Union recently declared that "the most potent factors which go to make a union strong and permanent are, first, high dues; second, a beneficial system; third, discipline — ^which can only be had where the first two are in operation ; and fourth, a union label where convenient to use." That a wise use of these several factors has been effective in the case of the cigar makers is evidenced by the history of the CSgar Makers' International Union. "Within the past three decades this union has organized a straggling lot of sweatshop workers into a disciplined body of union men. Before the organization of the International Union the evils of child labor, of tenement manufacture, and of the truck sys- tem were characteristic features of the trade. ^* Through organized coUeetive action the truck system has been entirely abolished, child labor and tenement house manu- facture have been eliminated in all but non-union shops, the eight-hour day has been established, and the general standard Amalgamated Assooiation of Street Baiilway Employes of America^ OrgoMized/ at Indianapolis Ind., Bept. IStli, 18X, Constitution and General Lanes 1895, and Tear Book, Giving Wages, Sours of Labor and Condition of the Organlma- tion, Detroit, 1901. ™ For forms of organization among longshoremen see Longshore Lumber Handlers' Assooiation By-laws, N. Y. 1888, and International Longshoremen, Marine and Transport Workers' Assooiation, President's Annual Report to the Delegates, 11th Annual Convention, 1902, " In an address before the National Conference on Industrial Conciliation . held in Chicago in 1900 President Keefe of the International Long- shoremen's Association said : "The Longshoremen's organization has insisted on all its agreements heing carried out in both letter and spirit. , To illustrate the fairness with which the longshoremen deal with their employers, — we have in the port of Buffalo a local union which violated its agreement with the employers during the month of July while a convention of longshoremen was heing held in Duluth, Minn. The matter was brought to the attention of the convention and it immediately notified our local represenative to furnish men at our expense to take the places of our men who had violated the agreement, and they were not members of our organization." '''Mr. Perkins, the International President, informed me that workmen were forr-.erly paid a certain percentage of the cigars which they made. Practically the only available market, in which they could sell these cigars, was in saloons. On this account, the truck system encouraged drinking and so had an especially demoralizing influence on the members of the trade. [119] 120 BULLETIN OF THE UWIVEESITY OF ■WISCONSIN of life has been so raised that in the decade from 1890 to 1900 the average length of life for union cigar makers was in- creased sis years^®. These changes have come about slowly and not without in- dustrial warfare.^" The history of the International Union presents practically "^'For vital statistics see : Cigar Makers' Official Journal, Septemter 15, 1901. Also see flies of Official Journal from 1890 to 1900 for statistics as to the decrease of tuberculosis among cigar makers and the claims that the decrease is due to hetter conditions in the trade. "> Interesting records of early strikes are found in the Workingman'e Advo- cate and in the Cigar Malcera' Official Journal. The following letter from Cincin- nati addressed to the International President la printed in the WorUngmam'a Advocate for July 16, 1870, . . . "Show me the record of any union that has stood out as manfully against a combination of employers whose sole object was (not money) to crush out the existence of the International Cigar Makers Union. . . . Again supposing union men would have submitted to any bill of prices, the bosses could not have hired them as long as they belonged to any union as such was their law. ... In the latter part of 1866 the bill of prices was as follows: $9.00, $11.00, $13.00 and $15.00 [per thousand]. We worked for these prices until October, 1869, when a dollar advance was asked and obtained. The bosses then formed their union with a view of destroying ours and a few weeks before Christmas discharged all hands, not assigning any reason whatever except that they henceforth will employ no man belonging to the union. . . eighteen weeks elapsed well, after the men were at work some time the bosses individually threatened another strike as soon as their stock would be replenished ; also that they would import coolies from California. The men thereupon of their own accord . . the price of living having been reduced since the war and also many other unions being on a strike . . . established a bill of prices at $10.00, $11.00, $13.00 and $15.00 ... the same as in 186T, 1868 and 1869 . with the exception of $1.00 more at present for common Ohio cigars. . . . We have every prospect of holding this price, a fair one I think, tor some time to come," The following letter from Richmond Va., Union No. 133, appears In the Cigar Makers' Offloml Journal, Oct. 10, 1879. . . . "On September 9th a special meeting of this union was called ... to Inquire into the advisability of adopting a bill of prices for this city. . . .On presenta- tion of the bill to the bosses, all agreed to accept It except L — . and M — . and E — . L — . started immediately for Baltimore for hands but was not successful, atferwards eight men . . . were brought from Baltimore Seventy-flve of us went to meet them . . . but they got into a stage with their employers and were driven to the factory where they were kept . . . from Tuesday morning until Thursday night. There some of the pickets collared them and they had a talk together ; . . . they promised to come to our meeting next day which they did. Ton may imagine now bitter the feeling was against them, yet when they explained their position . . they were taken into the union. They then refused to go to work until the old hands were put to work at the new price. The bosses agreed to this and twenty-flve men will go to work on Monday at the • union price. We have our sixteen men yet, but hope through perseverence and good conduct to make this strike a complete victory for us." [120] SCHABBNEE LABOE CONTEACT 121 all the phases through which unions ordinarily are compelled to pass before reaching the stage of recognition and of peace- ful negotiation with employers on the basis of mutual strength and mutual respect. The International President in an ad- dress in 1873 briefly outlined the early history of the organi- zation as follows: "The National Union was created in 1864 in the city of New Tork, by the spontaneous act of the local unions already or- ganized. Certain powers were conferred on it by the local unions which from year to year were extended and enlarged so as to meet the requirements and wants of the local unions and bind them into one compact body, having one object in com- mon, the elevation of the trade of cigar making. But while the unions were consolidating themselves no determined effort was made to consolidate or organize the great mass of cigar makers into the local unions. A few unions came into exis- tence by local efforts and became a part of the International body, but yet the great mass of the trade had not been reached, but remained unorganized."^^ '■Caiiuon, W. J., International President, Address at Cleveland, Deo. S ISIS. Commenting on the difficulties of tlie time, the President continued : "B>arly in its history we find the International Union declare hy law that 'no local union shall elect to membership any cigar maker who is under charges to any other union.' The failure of a cigar maker to connect himself with a union was in itself considered a charge. The jurisdiction of the various local unions was so defined as to embrace every cigar maker in the country, and according to the construction placed on the laws any cigar maker who failed to connect himself with the union having jurisdiction was liable to be fined by that union. Practically it made them all unfair men before any effort had been made to bring them within a union or to organize them into unions. When- ever one of these men applied for membership in a union the union from whose jurisdiction he came, was not slow to prefer the charges of 'unfairness' and Impose the fine which in nearly all cases was excessive. . . . The International tlnion has at conventions issued proclamations of amnesty for these unfair men and has recommended the local unions to annul their fines and withdrew their charges. . . Some of the unions would question the right of the International Union to issue these proclamations and denounced them as edicts, others rejected them . . . others were entirely Indifferent. . . . That the work of organizing the trade is the duty (or should be the duty) of the ofBcers of the International Union is a principle which we have always believed in and contended for, but as long as local unions themselves retain their prejudices and restrain their International oflicers . . . there is little to hope for in the way of thorough organization. In this unorganized condition with three-fourths or more of the trade under fines and charges to the Unions we have adopted a strike policy and framed laws to support them and h-ave in this way spent thousands of dollars: fot what! to enlarge the field of operation for the unfair men and contract our [m] 122 BULLETIN OF THE TJNIVEESITY OF "WISCONSIlir Advising as to the needs of the union the President contin- ued: "What we need and need badly is thorough organiza- tion . . . this striking systena without efficient organiza- tion lies at the very root of all our woes and if continued in, under existing conditions, must inevitably lead to the disrup- tion and entire annihilation of the International and local unions." The difficulties complained of by the President in 1873 are usually present in the early stages of unionism. "With more complete organization, discipline is more readily enforced and the tendency to strike is held in check through the conserva- tive influence of union officials. The methods by which discipline was gradually extended over the local unions in case of strikes are indicated in the In- ternational Constitution for 1875. Art. 9, Sec. 1, reads: "The International Union guarantees its moral and pecuniary sup- port to all its members in all difficulties which may arise be- tween them and their employers after all means for a satisfac- tory and amicable adjustment have failed . . . in no case to exceed $7.00 per week for any one member." Sec. 2. "When' any difficulty arises between the members of any union and their employers, the proper officers of the union shall furnish a full and official statement of the same to the International President who shall submit the same to the other officers composing the Executive Board and after a full and ■sufficient investigation of all facts in the case if they approve of the same, the International President shall issue a circular setting forth the facts to all the unions and the number of mem- bers v/ho are idle through such difficulty and ordering them to their assistance and he shall also prescribe the manner in which such assistance shall be sent and the persons appointed to receive the same. Unions failing to comply with the re- -quirements of the Executive Board in such case shall be de- own. . . International officers ought to visit every section and organize them into unions . .when this was attempted . . .a howl arose . . . against the international officers for extravagance. It was this short sighted policy in the beginning of our organization that has crippled it today. Other organizations of labor have made the same mistake at their commencement . . . but we continue ... in' the same ■well worn rut . . . and learn nothing from the lesson of the past." [122] SCHAFFNEE LABOE CONTEACT 126 prived of the assistance of the International Union in similar uases." A crisis in the history of cigar makers occurred in 1877 when more than 10,000 men struck in New York City for higher wages and better treatment.^^ The National Cigar Manufacturers' Association united the employers in solid opposition to the demands of the workmen. The following resolutions of the employers' association plain- ly indicate their attitude during the strike: "Resolved, That we hereby reaffirm and declare determina- tion not to yield to the unjust demands of our late workmen or to reinstate them in our employment while members of the Cigar Makers* Union. That it is our right to operate our fac- tories under such regulation, just to our workmen and just to ourselves as we may prescribe. That the recognition by us of the startling demands of the body styling itself the "Central Organization" would be detrimental in the highest degree to the best interests of employers and employees. That it is the right of every workman to apply for and to resume work whenever he desires to do so without hinderance from his fellow workmen. That our thanks are due to those of our workmen who have remained faithful to us during this period of disorganization. That we cordially invite our late workmen to meet us at our respective fac- tories, either individually or by proper representation of their own number and we shall at any time cheerfully confer with them if thereby an end to their present unhappy condi- tion may be reached. That we recognize the principle that labor and capital have common interests and are dependent upon each other and we recommend the cultivation of a greater degree of confidence and a more perfect spirit of harmony be- tween employers and the employed in our own as well as in all other branches of industry.'^" The strike lasted 107 days and was won by the employers who sought to guarantee their victory by requiring the work- men to take an iron clad oath that they would not belong to "Cigar Makers' Offloial Journal, Nov. 10, 1877 and Felj. 10, 1878. "^Printed la the Cigar Makers' Offloial Journal, Nov. 10, 1877. [123] 124 BULLETIN OF THE UNIVEESITT OP ■WISCONSIN any union. The attitude of the International Union after the strike is reflected in the following statement i^-* "... the strike has ended but the cause still remains. Although defeated the cigar makers do not feel themselves conquered . . . want of thorough organization and insufficient means have been the main cause of their defeat. ' ' Several years later the demorali- zation subsequent to the strike was admitted by union leaders. In recounting their history the Official Journal in 1881 stated that "Not quite four years ago unionism . . . was almost extinct among cigar makers . . . the once powerful organ- ization . . . was left but a skeleton. The entire Interna- tional Union numbered 17 unions in good standing. Outside of New York, Chicago, and Detroit there were but 217 union men in the United States and Canada. ' ' Yet it was claimed by leaders of the Union that the strike "gave an impetus to the re- organization of cigar makers all over the country" and this claim seems to be borne out by the subsequent growth of the International Union. In 1877 there were 17 unions with a membership of 1,016; in 1879, 36 unions with a membership of 1,250; the following year the number of unions reached 74 with 3,800 members not including travellers on the road ; and by Sept. 20, 1881 the total number of unions reached 126 with a membership of 12,709.=== "With the increase in numbers there was also a healthy in- crease in the discipline enforced by the Executive Board of the International Union which realized the necessity of careful, conservative action to cope with the organized manufacturers in determining conditions of employment. At the International Convention in 1880 the President advised the delegates as follows : "All shop strikes should cease. . . . Let them submit their case to the union before taking action and thus it can be calmly discussed. No shop should have the right of deciding the future of a local union and in a certain degree the future of the In- ternational Union. '"'^ »« Ibid. ^ Cigar Makers' International Union Hth Annual Session. Annual Report of the President. Printed in tlae Offlcdal Journal Oct. 10, 1881. ^'PresiiJcnVs .innual Report to the Delegates of the 13th Session of the Oiga/r Makers International Union in convention assemMed. Printed in the Offlolal Journal, Oct. 10, 1880. [134] SCHAITH'EE LABOE CONTEACT 125 The increasing concentration in the cigar making industry- was noted in subsequent Conventions of the International Union and in 1881 the President^^ reported: "Since the last convention the situation has completely changed; more than one half of our members being concentrated in five centers of in- dustry, opposed by large monopolies, employing from 100 to 1,000 cigar makers, who wield in the cigar trade a power as great as that of our railroad, mining, and cotton loom corpora- tions in their respective branches of industry, a power which hangs like a dark threatening cloud on the horizon, menacing destruction. That power must be confronted with equal if not greater power. Upon you who are here assembled to represent the cigar makers will devolve the duty of placing our organi- zation on an equal footing with existing forces.^' "Through a constant extension of local organizations^^ bound together and directed by the strong arm of the International "Ctj/ar Makers' International Union. ll,th Awnual Session, Annual Report of the President. Printed in tlie Official Journal, Oct. 10, 18S1. ^^Compare tiie following statement from the President's Biennial Report in 1887 : Within the last eighteen months combinations among manufac- turers have increased rapidly in the various branches of industry. Almost every week we hear of a new association of employers or of an old one holding its regular convention. The trades unions are thus brought face to face with a most wealthy, most unscrupulous and skillfully organieed opposition — a power not directed by the open form known to our unions, but for the most part working in secret. . . . Its deliberations are strictly private and its edicts go forth in confidential circulars. The greatest offense known to tliese sect'ct organ- izations is membership in a trades union. . In order to mieet these new elements in industrial conflicts, the unions must be placed on the soundest foundation." Also compare the following articles of the Cigar Mamufaoturers' Association of New York. Printed in the Olgar Makers Oiflcial Journal, Aug. 1890. Art. II. Objects . to unite cigar manufacturers for their mutual protection against any unjust demands of cigar makers or their unions. Art. III. Sec. 1. That the prices whicb shall be paid by the members of said association to their workmen on Aug. 6, 1890, shall be the accepted binding price list of our respective firms. Sec. 2. Any unjust demands ... by any of their workmen shall be resisted by the united action of all said members. . Sec. 3. No member . . . is to reduce or increase the wages of any of his or their operatives without ... the consent of said Associa- tion. . Sec. 4. Every unjust interference on the part of workingmen or their unions with the business of the factories of the members of the Association and with the right ... to employ or discharge hands, or with the methods ™ By 1900 the membership Included 34,000 workmen who kept their dues regularly paid and a total of over 77,000 who were employed in "jurisdiction places." ' . ■, r..-,.j [135] 126 BULLETIH" OF THE UN"IVEESITY OF "WISOONSIW Union the cigar makers have built np one of the strongest and one of the most democratic*" labor organizations of the present time. The financial strength of the Cigar Makers ' International Union has been thoroughly established by the system of high dues maintained by the organization.*^ With an ample reserve and regulations for conducting such tiusiness shall be resisted in such a manner as may be lawful and as two-thirds vote of the Association may determine. Art. V. ... In case of difficulties . . . between any members of the association and their operatives . . . immediate notice shall be given by said members to the President of the Association who shall notify . . the Committee of Investgation . . . which shall meet at the factory within twenty-four hours. Art. VI. Said Committee of Investigation shall impartially hear the griev- ances complained of by both members and their workmen and shall equitably decide the same. In case said workmen shall refuse to appear before said Committee after being invited to appear, the latter shall nevertheless have the power to decide matters submitted to it for decision. Art. IX. ... A fine . . . shall be imposed on members of the Association on conviction of a violation of any ot the provisions of the Constitution ... or regulatons of this Assocation. "See the flies of the Olgar Makers' Official Jowmal as to the practical working of various devices providing for : the referendum, the division of funds among the locals, the appeal of grievances, and similar institutions of the International Union. "The following statement, from the Annual Report of the President, given in the Cigar Makers' Official Journal for April, 1902, gives a, brief summary of receipts and expenditures for the current year : "It presents an array of figures that is instructive and interesting, showing as it does the total cost for the maintenance of each department and each benefit. A reference to the totals will show that the aggregate financial transactions amounted to over one million dollars. The largest single expenditure was for death benefit, which amounted to $138,456.38, which shows an increase over the year 1900 of $40,165.38 ; the second largest expenditure was for sick benefit and amounted to $134,614.11. and shows an increase of $17,158.27 over the year 1900. The third largest on the list is the amount for strike benefits, $105,215.71, which is $32,607.52 less than was expended for a like purpose in 1900. The amount for out-of-work benefits, $27,083.76, remains practically the same as last year, being only $3,186.76 more. Despite the extraordinary large amount expended for strike benefit the Increase in the funds was $6,318.09. In this connection It should be remembered that a one dollar assessment was levied last year. The amount for strike benefit has never been exceeded except in two instances in the history of the International Union. The exceptions were during the Cincin- nati strike In 1884 and the New York strike in 1900. The great bulk of the money for strike purposes went to Montreal, Can., which expended for this purpose about $64,000 ; $13,000 went to Dayton and about $8,000 to Philadelphia, Pa., for a like purpose. The balance, about $20,000, was expended in all other minor strikes through the country. In the last ten years up to 1900 the average yearly expendi- ture for strike benefit purposes was about $27,000 per year. It will be noticed by a reference to the table of benefits paid that the total benefits for 1901 show an increase of about $40,000 over 1900. A reference to table of benefits will disclose the fact that we expended all told for benefits last year $450,022.69, which went to fight the battles and relieve the distress of the members and their families and friends. No one regrets the expenditure of this vast sum — nearly one-half a million dollars — on account of the mere loss of the amount. [126] SCHAPFITEE LABOR CONTRACT 127 fund and a strong system of benefits the Union has been able to withstand the disintegrating effects of industrial depressions*^ On the contrary, we are all proud of the fact and only hope that these amounts will double and they will as we grow older and more powerful. Since the reorganization of the International Union, dating from 1879, we have expended all told in benefits the magnificent sum of flye million one hundred and eighty- seven thousand five hundred and seventy-three dollars and twenty-eight cents ($5,187,573.28), and feel that we have not lived in vain. To the studiously inclined and to those not familiar with our system let it be said that the $80,000 outstanding loans is not included in the balance on hand. Note should also be taken of the fact that the items, assistance to unions, $90,000, and assistance from unions, $89,000, is simply equalization money shifted from one union to another and is not actual receipts or expenditures in addition to the dues, assessments, etc. It should also be remembered that the accoants and figures represent exclusively the accounts and financial tran- sactions of local unions. The only way that the International Union figures in the accounts is by the moneys sent here by local unions for the running expenses of the International headquarters. The expense of the Intel-national ofllce does not show in the report, but are [is] accounted for in each issue of the offlcial journal. The funds of the International Union belong to and are centered in one common fund, but each local union holds its share of the funds in trust for the International Union. And while each local union keeps an account of its own financial transactions each have to report to headquarters where the accounts are also kept and drawn off annually and presented as you see in this issue. This plan insures perfect control and allows each member to know the standing of his own union as well as the standing of each local union and to know Just what is being done with the fund in which, under our system, he, with all others, is equally interested and a part owner. Under our system one union that has exhausted its funds by legitimate expenditure can, on applica- tion to headquarters, have funds sent from any other local union. For instance, over $60,000 was sent last year to the Montreal union during their strike. The report is referred to your careful study and consideration, giving as It does a fair idea of the vast financial transactions, and we feel that It will give all a clear knowledge and understanding of the financial condition of the Inter- national Union." •^See Editorial, "Industrial Depressions," in the Cigar Makers' Official Journal for May, 1894. Also compare the following statement from "Toiacco," an or- gan of tobacco manufacturers and wholesalers. Reprinted in the Gigo/r Makers' Official Journal, for Oct. 1896. "A careful reading of the report of President G. W. Perkins, which was read at the opening session of the twenty-first con- vention of the Cigar Makers' International Union last week, contains several Important items respecting the inside workings of the union which can not fail to be of interest to tliose who manufacture and sell cigars. The first, and by far the most interesting of these, briefly stated, is that the International Union has suffered no material decrease In its membership during the past two and a half years of business depression, notwithstanding the fact that the organiza- tion has been called upon, through the enforced idleness of large numbers of its members, to contribute very heavily to Its 'out-of-work' fund during the greater part of this period. It Is to this loyalty to stand up under the multi- tude of hardships which follow in the train of great and widespread business distress, to suffer from loss of work without seeking to cut the union scale of wages, and, on the part of those who have found fairly steady employment, to pay the extra assessments levied by . the union for the benefit of their unem- ployed fellow craftsmen ; In all these respects the fealty of the members to their union has been most marked, and to this one fact, more than to any other, [m] 128 BULLETIN OF THE UNIVEESITY OF WISCONSIN and has been able to extend continuous assistance to local unions in their efforts to secure "Bills of Prices" and desirable con- ditions of employment. "^^ Several methods of reaching agreements with their employers have been developed by cigar makers. They seldom try to get perhaps, is to be attributed the strength of the uniou today as a whole. In the whole domain of business, where can there be found another union which has come through the last panic without suffering a material decrease in the sched- ule oifl prices adopted and made to fit the conditions prevailing in prosperous times? Practically this is what has happened in the cigar trade. The trade will probably never know how much of a sacrifice individual members of the Cigar Makers' Union have made to accomplish these results ; but President Per- kins gives some figures which show how much has been paid out for this pur- pose." « The Cigar Makers' Official Journal gives the following comparison of wages for 1850 and the present time. "For the purpose of giving some slight indica- tion of the march of progress under the trade union system of organization we print herewith a copy of a bill of prices adopted by the cigar makers of West- field, Mass., in 1850. The bill is as follows : Bill of Prices of the Journeymen Cigar Makers of Westfleld, Mass., Adopted Nov. 4, 1850. Imperial Spanish Regalia, 6 inches long $8 00 Imperial seed and Spanish Regalia. 6 inches long 7 50 % Regalia Spanish, 5% inches long 7 00 % seed and Spanish, 5% inches long 6 50 % seed and Spanish. 5% inches long 6 00 Spanish Cougresso, 6 inches long 7 50 Seed and Spanish, 6 inches long 7 00 Cassadoras Spanish, 5% to 5% inches long 6 00 Seed and Spanish, 5% to 5% inches long 5 50 Spanish La Norma, 4% to 5 inches long 5 00 Seed and Spanish La Norma, 4% to 5 inches long 4 50 Spanisii PanetiUas. 5% to 6 inches long 5 50 Spanish PanetiUas, 5 to 5% inches long 5 00 Seed and Spanish PanetiUas, 5% to 6 inches long 5 00 Seed and Spanish PanetiUas, 5 to 5% inches long 4 50 Spanish PanetiUas, 4% inches long 4 50 Seed and Spanish PanetiUas, 4% inches long 4 00 Spanish Bagdads, 4% to 4% inches long 4 50 Seed Bagdads, iy^ to 4% inches long 4 00 All Ponies. 4% inches long 4 0« All Ponies, 4 to 4% inches long 4 00 All Principe cigars 4 00 All scrap cigars $1 in advance of long fillers. Stripping, 50 ceiits per M; casing, 20 cents per M. Resolved, That we earnestly implore all the cigar manufacturers of this town, not to take any person as an apprentice, for a less term than three years. Westfleld, Nov. 4, 1850. The above prices were for hand work. There were no molds used In thi» country at that time. By way of comparison we note that the lowest job on the present bill of prices of Union 28, Vvestfield, Is $8 per M. which was the highest job on the old scale. The highest job on the present bill is $19.00, and the common run of [138] SCHAFFNEE LABOE CONTEACT 129 written contracts, but get — ^what is an equivalent, — individual employers to accept their "bills of prices" and "union rules."** These are posted in union factories and there is a definite under- standing between employees and employers that both parties will abide by them.*^ Special rules providing for the regula- tion of apprenticeship and other matters left to the discretion of the local unions are usually included along with the general rules. In return for a compliance with the conditions de- manded by the union, employers are given the use of the union jobs are from $14 to ?17. A cigar that called for $4 or $5 per M under the olfl bill Is $16 or $17 under the present bill. Despite this showing we occasionally find people who say that the unlonB have accomplished nothing. The old Westfleld hill Is a fair average of the prices paid before the advent of unions and a better life for cigar makers. We especially commend these facts and figures to the young man who has come Into the trade and movement since the Inaugeratlon of better wages and who knew nothing of the early struggles of the pioneers to establish and maintian the union. Note the facts and some idea can be had of conditions that would be in force today were it not for the International Union." <*Oigar Makers' Offlciai Journal, Nov. 10, 1877; Oct. 10, 1880; Aug. 1890; Sept., 1899. " Typical provisions for arbitration are shown in the following bills of prices : Winona, Minn., Union No. 70. Bill of prices adopted Oct. 4. 1886. . . . "All questions that may arise in regard to this bill will be left to the arbitration board." Blue Island, 111., Union No. 247. Bill of prices adopted Aug. 10, 1891. . . . "Ail jobs not mentioned In this bill shall be left to arbitration by a committee of three from Union No. 247 and a committee of three from the manufacturers." Boston, Mass., Union No. 97. Bill of prices adopted Apr. 14. 1892. . . . "Grievances on any jobs not provided for In this bill shall be referred to a com- mittee of Union No. 97 and a representative of the manufacturer. . When a dltCerence of opinion shall arise in the construction of prices named in this bill, it shall be decided by the Executive Board, subject to an appeal to the Union." Burlington la.. Union No. 72. Bill of prices adopted June 25, 1900. . . "All jobs not mentioned to this List of Prices to be left to arbitration by a committee of three manufacturers and three members of Cigar Makers Union No. 72." Buffalo, N. Y., Union No. 2. Bill of prices adopted May 13, 1901. . . . "Manufacturers who evade the bill of prices are to be denied the use of the label for six months. . . . No union man is allowed to work in shops where non-union men are employed. . . Any jobs which the bill does not cover arc to be referred to the Executive Board of the Cigar Makers Union. . . . Wages are to be paid weekly in cash. . . . There may be one apprenttce to two journeymen, two apprentices to ten journeymen, and three apprentices to fifteen journeymen. Every apprentice is to serve three years. ... All strict union shops are to be furnished free of all charges as many union labels as may be required from week to week. (0. M. I. U. Const., Art. II, sec. 3.)" 9 [139] 130 BULLETIN OF THE UNIVERSITY OF WISCONSIN label." This label has become such a valuable consideration in the sale of cigars that the International Office is obliged to keep vigilant vratch to prevent its being counterfeited*^ and em- ployers, in general, are willing to make concessions to secure its use. Often provisions like the following are attached to "bills of prices:" "Any employer using the union label and violating any of the conditions for its use shall, for the first "The label of the Cigar Makers' International Union is as follows: "Issued by Authority of the Cigar Makers' International Union of America, UNION-MADE CIGARS. This certifies, That the Cigars contained in this box have been made by a First-Class Workman, a member of the Cigar Makers' International Union of America, an organization devoted to the advancement of the Moral, Material and Intellectual Welfare of the Craft. Therefore we re- commend these cigars to all smokers throughout the world. All Infringements ■upon this Label will be punished according to law." (Signed) G. W. PERKINS, President, Sept. 1880. C. M. I. U. of America. The label bears the seal of the international union and the stamp of tlhe local union. The skilCful use of scroll work and. of various kinds of type makes counterfeiting diflScult. " The following letter printed in the Cigar Makers' Official Journal for Oct, 1896, indicates the vigilance with which the union guards the label : Cleveland, O., Oct 23, 1896. Union of Cleveland, through their label committee, brought suit against the jobbing firm of Wallace & Schwartz for using counterfeit labels. About an hour before the time set for the hearing the attorney for the firm made a. proposition to plead guilty, and desired to know how a satisfactory settlement could be ef- tected. The committee of the union proposed that the firm go into court, plead guilty, pay $75 fine and the costs of the court ; make a pledge before the court not to use or handle counterfeits any more, and turn over all counterfeits in. his possession to the committee of the union. This was done, and the firm turned over to the committee several hundred counterfeit labels, which were destroyed. The Ohio law makes the minimum penalty $50. Fraternally, W. J. Cannon. Also compare the following statement in the Union La'bor Advocate, May, 1902 : "Recently Albert Goldman, of Rochester, N. Y., was convicted In the Court of Special Sessions, New York City, for selling counterfeits of the Blue Label of the Cigarmakers' International Union, and sentenced to sixty days in the city prison. Goldman, in his testimony, stated that he got the labels from Gabriel Gins- berg, of Chicago, who was recently convicted in the Criminal Court in this city for handling counterfeit labels, and sentenced to pay a fine of two hundred ($200) dollars and cost G. W. Perkins, president of the Cigarmakers' International Union, went to New York City as a witness In the Goldman case, and he says that the label is what is known, technically, as the Wollock (Chicago) counterfeit, and that he Is convinced that a gang of counterfeiters, with headquarters in Chicago, are touring the country in an effort to dispose of these counterfeit labels. The members of the Chicago union are highly elated over the fact that one of these agents has been trapped and convicted. The sentence of sixty days in prison is the first prison sentence any counter- feiter or handler of counterfeit label goods has ever received." [130] SCHAFFNEE LABOE CONTKAGT 131 offense, be refused the use of the label until he deposits the sum of $50.00 with the union as a guarantee for a faithful com- pliance in the future, and for a second violation he shall be re- fused the use of the label for the space of six months."*^ In addition to the consideration which the union offers employers in the use of the label, reasons for complying with union con- ditions are found in the fact that employers who fulfill their part of the conditions agreed upon are not often exposed to the danger of strikes. Although the International Union does not make any special effort to secure written agreements throughout the trade, for quite a number of years some of the older local unions have put their "bills of prices," "working rules," and other regulations in the form of written contracts, signed by representatives of local employers and employees. Most of the older local unions have also developed boards of arbitration and conciliation within the trade. At the present time the Inter- national constitution provides for the settlement of local dis- putes through the appointment of arbitrators chosen from the general body of members. These arbitrators act in conjunction with a committee from the local union involved. The settle- ment thus secured is made final unless set aside by an appeal to a referendum vote of all the local unions in the International body.*» The Place of Collective Bargaining in the Evolution of Industry The close adjustment of the labor contract to the varying forms of industrial organization is evident in every phase of our industrial evolution. As our industries were transferred from an individual to an organized basis, the old methods of bargaining became inadequ- ate to meet the constantly changing conditions. As long as the individual labor contract was established through personal conference between master and workman the recognition given to reciprocal rights and obligations secured a fair degree of equity in the employment relationship. Attending the more "See bills of prices for :— Union No. 77, Minneapolis, Minn., Sept. 1, 1899 ; and Union No. 2, Buffalo, May 13, 1901. "S«e Constitution, adopted, 1896, sees. 94, 95, 203 and 204. [131] 132 BULLETIN OF THE UNIVEKSITY OF WISCONSIN , complex organization of industry there was a corresponding development of social interdependence, while the separation be- tween employer and employee became more marked. At the present time conditions in many of our large industries are such that employees are shut off from any personal contact with their employers. Eecently at the Chicago Commons an employer and an employee who had sustained that relationship for seventeen years met for the first time. This is an extreme example but it serves to bring out the fact, which public opinion is only just beginning to recognize, that a revolution has been wrought in our industrial relations during the past century. No industrial relation can long survive the reasons for its being. The individual contract squared with industrial and social conditions under individual production. With the de- velopment of large industries there followed a corresponding tendency toward collective bargaining. The close connection between the stages of organization reached in any industry and the corresponding changes in the relation between employer and employee, emphasizes the fact that the development of collective bargaining is conditioned by the forms of industrial organization. While a general state- ment of the evolution of collective bargaining in our separate industries must always be modified by a consideration of parti- cular conditions, yet a comparative analysis indicates that the general features of our industrial development are recapitulated in our separate industries to a remarkable degree. Individual Workshops and Customary Regulation. As long as the individual workshop remained the unit in industry, the relation between the master and the journeyman was personal, and individual bargaining enabled the two parties to the labor contract to meet upon the basis of mutual dependence and mutual advantage. Both sides were restrained by customary regulations and, in case of dispute, alternative opportunities gave the workman a position of independence not differing greatly in degree from that of his employer. The interests of master and journeyman were not widely separated and such labor organizations as did exist were mainly for social and benevolent purposes. [133] SCHAPFNEE XABOE CONTEACT 133 Growth of the Factory System and the Development of Labor Organizations. With the extension of the factory system local competition became more intense. Employers were forced io organize their plants on a larger scale in order to secure the economies incident to improved methods of production. Larger groups of workmen were employed in the same shop and it became increasingly difficult for a journeyman without prop- erty to grow into the possession of an independent business. The change from individual to organized production separated the workman from the means of production and made him of less consequence in industry. The individual journeyman was no longer as indispensable as the individual master. The in- dustry in which he had formerly taken personal interest and for which he felt personal responsibility no longer afforded the permanency of employment which he had enjoyed under the old customary regulations. The close contact between master and workman gradually disappeared and conflicting interests; became more apparent. While the journeyman felt the force of the competition to which the master was subjected in a. constant tendency toward lower wages, he was also threatened by the growing competition among workingmen for employ- ment. The difficulties of the time acted as a constant incentive- to the organization of journeymen's societies in which commoni grievances were discussed and common rules of action formul- ated. These societies first developed the characteristics of mod- em trade unions in those industries in which factory methods were first established. Extension of the Competitive Field and Weak Organizations. The increasing size of the business unit due to the introduction of improved machinery was further accelerated by the develop- ment of transportation and communication. The competitive field, no longer limited by local conditions, extended rapidly over larger territorial areas. The expansion of business be- yond local confines made necessary increased equipment and more efficient organization in industry. The question of econ- omies in production confronted every employer able to survive the exacting demands of a fiercer business rivalry. The cost of labor being so large an element in production offered an in- [133] 134 BULLETIN OF THE UNIVEESITT OF WISCONSIN viting field to employers for the reduction of expenses. The opposition of labor unions presented few obstacles to this policy because the limitations of local organization made collective opposition on their part impracticable. The organization of industries on a larger scale constantly associated workingmen in larger groups for purposes of production. Employers intent on conserving the advantages incident to their position no longer depended upon the local field for their supply of work- men but filled their factories from districts which offered the cheapest labor. The pressure of competition affected the interests of workmen in the same occupations in similar ways and emphasized the interdependence of laborers compet- ing with each other for employment. The effect of these various economic agencies gradually became apparent in the ex- tension of labor organizations beyond local fields. Recogniz- ing how inadequate their organizations were to make their influence felt in industries which had transcended local limita- tions, the leaders of the labor movement began to advocate closer cooperation between local unions in the same trades. The unconscious influence of industrial forces gradually brought local organizations into closer affiliation with similar groups and the national form of labor organization was evolved. Development of Large Industries and Conflicting Interests. With stronger organizations on both sides, employers and em- ployees confronted each other with one-sided demands. Each side desired to dictate terms without any reference to the claims of the other. Employers insisted on settling the terms of em- ployment with each individual workman, while labor organiza- tions insisted on enforcing "union rules." A period of storm and stress usually followed this stage. When one side was exhausted it submitted to the terms offered by the other and a truce would be established; but no real basis for industrial peace was secured. Employers and employees were hardljjy conscious of the change which had transformed individual pro- duction into organized industry; and so they could not under- stand that industrial relations were changing from an indi- vidual to a collective basis; but hard-earned experience taught both sides that strikes and lockouts were disastrous ways of [134] SCHAFFNEK LABOE CONTEACT 135 settling difSculties and both were ready for overtures of peace. At this stage informal conferences usually took place between representatives of the two parties to the labor contract. Mutual concessions were made and a new basis for agreement found. Gradually these informal conferences developed into regular systematic joint conference systems and local collective bargain- ing was established. Large Scale Production and the Recognition of Unions. "With the development of large scale production and a corres- ponding development of labor organizations the local systems have in many cases been extended to cover competitive areas which are national in scope. The "recognition" of labor or- ganizations in conferences, where the respective interests of employer and employee are approached in a business-like way and where each side is able to back up its claims with industrial arguments bids fair to decrease the number of conflicts in which one side or the other is obliged to yield to industrial force. In the complex process of industrial growth there is a con- stant shifting of reciprocal rights and obligations in the employ- ment relationship. The gradual adjustment to the more con- stant features of industry fixes a basis upon which the future conditions of employment are determined according to the strength and influence of the- two parties to the agreement. The relations established from time to time tend to become customary and so fix a standard of reciprocal obligation. Even- tually the rights recognized in industry are more firmly estab- lished through legal enactment and thus become part of a system by which future adjustments are conditioned. The evolution of the law follows, though slowly, the evolution of industry. On a constantly changing basis of new rights and new obligations collective bargaining in the United States is developing with the growth of organized production. Therein lies a partial guarantee of a more equitable distribution. [135] 136 BULLETIN OF THE UNIVEESITT OF "WISCONSIN APPENDIX 1 BOOT AND SHOE WORKERS' UNION Union Stamp Contbact Agreement entered Into this first day of April, 1900, by and between , shoe manufacturers, hereinafter known as the Employer, and the Boot and Shoe Workers' Union, with headquarters at 620 Atlantic Avenue, Boston, Mass., hereinafter known as the Union, wltnesseth: First. The Union agrees to furnish its Union Stamp to the Employer free of charge, to make no additional price for the use of the Stamp, to make no discrimination between the Employer and other firms, per- sons, or corporations who may enter into an agreement with the Union for the use of the Union Stamp, and to make all reasonable effort to advertise the Union Stamp, and to create a demand for the Union Stamped products of the Employer in common with other employers using the Union Stamp. Second. In consideration of the foregoing valuable privileges, the Employer agrees to hire as shoe workers, only members of the Boot and Shoe Workers' Union in good standing, and further agrees not to retain any shoe worker in his employment after receiving notice from the Union that such shoe worker is objectionable to the Union, either on account of being in arrears for dues, or disobedience of Union Rules or Laws, or from any other cause. Third. The Employer agrees that he v/ill not cause or allow the Union Stamp to be placed on any goods not made in the factory for which the use of the Union Stamp was granted. Fourth. It is mutually agreed that the Union will not cause or sanc- tion any strike, and that the Employer will not lock out his employes while this agreement is in force. All questions of wages or conditions of labor which cannot be mutually agreed upon shall be submitted to the Mass. State Board of Arbitration, whose decision shall be final and binding upon the Employer, the Union, and the employes. Fifth. The Union agrees to assist the Employer in procuring com- petent shoe workers to fill the places of any employes who refuse to abide by Section Pour of this agreement, or who may withdraw or be expelled from the Boot and Shoe Workers' Union. Sixth. The Employer agrees that the Union collectors working in [136] SCHAFFNEK LABOR CONTEACT 137 the factory shall not be hindered or obstructed in collecting dues of members working in the factory. Seventh. The Employer agrees that the General President of the Union, or his deputy upon his written order, may visit the employes in the factory at any time. Eighth. The Employer agrees that the Union is the lawful owner of the Union Stamp. Ninth. The Union agrees that no person except the General Presi- dent, or his deputy upon his written order, shall have the right^to demand or receive the Union Stamp from the Employer. Tenth. Should the Employer violate this agreement, he agrees to surrender the Union Stamp or Stamps in his possession to the General President or his deputy, upon the written order of the General Presi- dent, and that the said General President, or his deputy, may take the said Stamp or Stamps wherever they may be, without being liable for damages or otherwise. Eleventh. In case the said employer shall for any cause fail to de- liver said Stamp or Stamps to the General President or his deputy, as provided in this agreement, the Employer shall be liable to the Gen- eral President in the sum of two hundred (200) dollars, as liquidated damages, to be recovered by the General President, in an action of con- tract, brought in the name of the General President for the benefit of the Union, against the Employer. Twelfth. This agreement shall remain in force until Should either party desire to alter, amend or annul this agreement, it shall give a written notice thereof to the other party three months before expiration of the agreement; and if the parties fail to give such notice, the agreement shall be in force for another year, and so on from year to year, until such notice is given. Thirteenth. In case the Employer shall cease to do business, or shall transfer its interests, or any part thereof, to any person or persons, or corporations, this agreement shall be ended and the Stamp or Stamps shall be returned to the General President forthwith, without demand from the Union, when a new agreement of similar tenor as this may be entered into. Signed, By, , For the Employer. By, , Blank form of Contract For the Union. The Union Boot and Shoe Worker, April. 1.900, Vol. 1. No. 4, p. 5. [137] 138 BULLETIN OF THE UNIVERSITY OF WISCONSIN APPENDIX 2 BUILDING CONTRACTORS' COUNCIL OF CHICAGO Office of Secretary. 92 La Salle Street. Chicago, April SOth, 19O0. To Whom It May Concern: — In view of the suggestions made by many citizens, we are willing to amend our position, so that any organization affiliated with, the Build- ing Contractors' Council is at liberty to make an agreement with the individual union of its trade, provided: 1st That the agreement is not contrary in any way to the following principles, unanimously adopted by the Building Contractors' Council at a meeting held on the 24th day of April, 1900, and for the main- tenance of which the organization stands pledged. (a) That there shall be no limitation as to the amount of work a man shall perform during his working day. (b) That there shall be no restriction of the use of machinery or tools. (c) That there shall be no restriction of the use of any manu- factured material except prison-made. (d) That no person shall have the right to interfere with the work- men during working hours. (e) That the use of apprentices shall not be prohibited. (f) ,That the foreman shall be the agent of the employer. (g) That all workmen are at liberty to work for whoever they see fit. (h) That employers shall be at liberty to employ and discharge who- ever they see fit. 2nd. That the following conditions are made a part of the agreement: (a) That eight hours shall constitute a day's work. (b) That the rate of wages shall be: $4.00 for Bricklayers. 4.00 for Plumbers. 4.00 for Stone Cutters. 4.00 for Gas Fitters. 4.00 for Steam Fitters. 4.00 for Plasterers. 4.00 for Engineers. 4.00 for Tile Setters. 3.60 for Iron Setters. $3.50 for Marble Setters. 3.40 for Sheet Metal Workers. 3.40 for Carpenters. 3.28 for House Drainers. 3.20 for Iron "Workers. 3.00 for Painters. 3.00 for Gravel Roofers. 2.40 for Plasterers' Laborers. 2.00 for Laborers. [138] SCHAFPNEE LABOE CONTEACT 139 (c) That time and one-half shall be paid for overtime, and double time for Sunday and holidays. (d) That the agreement shall cover a period of not less than three years. (e) That an arbitration clause, to provide for the adjustment of pos- sible difficulties in the future, be made a part of the agreement. (f) That no by-laws or rules conflicting with the agreement shall be enforced or passed by the association or union during the life of the agreement (g) That the agreement shall only become operative when the union withdraws permanently from the Building Trades Council, and agrees not to become affiliated with any organization of a like character dur- ing the life of the agreement. The foregoing principles are fundamental for the peace and prosperity of any community or trade, and should be upheld by workman, owner, material man, architect, contractor and every citizen. APPENDIX 3 THE CARPENTERS AND BUILDERS' ASSOCIATION OF CHICAGO, THE MASTER CARPENTERS' ASSOCIATION AND THE CARPENTERS' EXECUTIVE COUNCIL Articles of agreement between the Carpenters and Builders Associa- tion, the Master Carpenters Association and the Carpenters Exe- cutive Council of Chicago and Cook County. In effect from March 11, 1901 to April 1, ia03. I. This agreement made this seventh day of February, 1901, by and between the Carpenters' and Builders' Association of Chicago, and the Master Carpenters' Association of Chicago (employers), parties of the first part, and the Carpenters' Executive Council, party of the second part, for the purpose of preventing strikes and lockouts and facilitating a peaceful adjustment of all grievances and disputes which may, from time to time, arise between the employer and mechanics in the carpenter trade. II. NO OtrrSIDR INTEKFEEBNCE. WITNESSETH, That all the parties to this agreement hereby covenant and agree that they will not tolerate nor recognize any right of any [139] 140 BULLETIN OF THE TJNIVEKSITT OF WISCOirSIlT Other Association, Union, Council or body of men, not directly parties hereto, to interfere in any way with the carrying out of this agreement, and that they will use all lawful means to compel their members to comply with the arbitration agreement and working rules as jointly agreed upon and adopted. III. PKnircrEPi.ES upon which this ageeement is based. All the parties hereto this day hereby adopt the following principles as an absolute basis for the joint working rules, and to govern the action of the Joint Arbitration Board as hereinafter provided for: 1. That there shall be no limitation as to the amount of work a man shall perform during his working day. 2. That there shall be no restriction of the use of machinery or tools. 3. That there shall be no restriction of the use of any manufactured material, except prison-made. 4. That no person shall have the right to interfere with the working man during working hours. 5. That the use of apprentices shall not be prohibited. 6. That the foreman shall be the agent of the employer. 7. That all workmen are at liberty to work for whomsoever they see fit. 8. That all employers are at liberty to employ and discharge whom- soever they see fit. IV. HOUBS. Bight hours shall constitute a day's work, except on Saturdays, when work shall stop at twelve o'clock noon, with four hours pay for the day. V. OVEETIME. Time and one-half shall be paid for overtime. Work done between the hours of o p. m. and 8 a. m. shall be paid for as overtime, when only one shift of men are employed on the job. 71. HOIIDAYS. Double time shall be paid for work done on Sundays throughout the year and on Saturday afternoons, also for work done on the foUowingi five holidays for days celebrated as such; Decoration day, Fourth of July, Thanksgiving day, Christmas day and New Years day. Sunday [140] SCHAFFNEE LABOR CONTRACT 141 and holiday time to cover any time during tlie 24 hours of the said calendar days. ni. EXTBA SHIFTS. Where work is carried on with two or three shifts of men working eight hours each, then only single time shall be paid for both night and day work during the week days, and double time for Sundays and the above-mentioned holidays. The same men shall not be worked on two consecutive shifts. Vni. LABOE DAT. No work shall be done on Labor Day, except by consent of the two presidents. IX. WAGES. The minimum rate of wages to be paid until April 1, 1902, shall be 42% cents per hour, and 45 cents per hour from said date until April 1, 1903, payable in lawful money of the United States. The party of the second part hereby agrees that no member affiliated with the party of the second part shall work for any one for lesS than this rate of wages in Cook county. 111. And it is further agreed by th'e parties of the first part to hire no one in this trade except to whom he or they shall pay the wages agreed upon by the Joint Board of Arbitration. X. PAT DAT. It is agreed that journeymen shall be paid every week, and not later than 5 p. m. Wednesday. XI. TIME AND MEraOD OF PATMENT OF WAGES. The wages are to be paid on the work in full up to and including the Saturday night preceding pay day. When a workman quits work of his own accord he shall receive his pay on the next regular pay day. When a man is discharged or laid ofe, if he so requests, he shall be either paid in cash on the work or given a time check, with one hour added for traveling time, which shall be paid at once upon presentation at the office of the employer, and if he is not paid promptly upon his arrival at the office, and if he shall [141] 142 BULLETIN OF THE UNIVEESITY OF WISCONSIIf remain there during working hours, he shall be paid the minimum ■wages for such waiting time, Sundays and holidays excepted. XU. PIECE WOEK. No members of the parties of the first part shall sublet or piece out their carpenter work; neither shall any journeyman who is a member of the party of the second part be permitted to take piece work in any shape or manner from any owner or contractor, whether he be a mem- ber of the parties of the first part or not. Xin. WOEKING WITH NON-UNION MEN. The party of the second part shall not work with carpenters except they are affiliated with the Carpenters' Executive Council, and no mem- ber or members affiliated with the second party shall leave his work because non-union men in some other line of work or trade are em- ployed on the building or job, or because non-union men in any line or trade are employed on any other building or job, or stop or cause to be stopped any work under construction for any member or members affiliated with the first parties, except upon written order signed by the president of the Associations and Union (parties hereto) or the Joint Arbitration Board. XIV. rOEEMAJJT. The foreman, if a Union man, shall not be subject to the rules of his Union while acting a foreman, and no fines shall be entered against him by his Union while acting in such capacity, it being understood that a foreman shall be a competent mechanic in his trade and be sub- ject to the decisions of the Joint Arbitration Board. There shall be but one foreman on each job. XV. STEWAED. Whenever two or more journeymen members of the second party are working together a steward shall be selected by them from their num- ber to represent them, who shall, while acting as steward, be subject to the rules and decisions of the Joint Arbitration Board. No salary shall be paid to a journeyman for acting as steward. He shall not leave his work or interfere with workmen during working hours, and [143] SCHABTNEE LABOE CONTEACT 143- shall perform his duties as steward so as not to interfere with his duty to his employer. He shall always while at work carry a copy of the working rules with him. XVI, APPEENTICES. Bach employer shall have the right to teach his trade to apprentices, and the said apprentices shall serve for a period of not less than three- years, as prescribed in the apprentice rules to be agreed upon by the Joint Arbitration Board and shall be subject to control of the said Joint Arbitration Board. No apprentice shall be over 21 years of age. XVII. AEBITBATION. All the parties hereto agree that any and all disputes between any member or members of the Employers' Association on the one side, and any member or members of the Union on the other side, during the life of this agreement, shall be settled by arbitration in the manner hereinafter provided for, and for that purpose all parties hereto agree- that they will at their annual election of each year, elect an Arbitration Committee to serve one year (except the Carpenters' and Builders' Association), (see section 3 of article 6 of their constitution), and un- til their successors are elected and qualified. In case of death, explusion, removal or disqualification of a member or members on the Arbitration Committee, such vacancy shall be filled by the Association or Union at its next regular meeting. The Arbitration Committee of each of the three parties hereto shall consist as follows: Five members from the Carpenters' and Builders'" Association, three from the Master Carpenters' Association, and five from the Carpenters' Executive Council, and they shall meet not later than the fourth Thursday of January, each year, in joint session, when they shall organize a Joint Arbitration Board by electing a president, secretary, treasurer and umpire. The Joint Arbitration Board shall have full power to enforce this agreement, entered into between the parties hereto, and to make and enforce all lawful working rules governing both parties. No strikes, lockouts, or stoppage of work shall be resorted to pending the decision of the Joint Arbitration Board. When a dispute or grievance arises- between a journeyman and employer (parties hereto), or an appren- tice and his employer, the question at issue shall be submitted in writ- ing to the presidents of the two organizations, and upon their failure [143] 144: BULLETIN OF THE UNIVEESITT OF WISCONSIN to agree and settle it, or if one party to the dispute is dissatisfied with the decision, it shall then be submitted to the Joint Arbitration Board at their next regular meeting. If the Joint Arbitration Board is unable to agree the umpire shall be requested to sit with them, and after he has heard the evidence, cast the deciding vote. All verdicts shall be decided by majority vote, by secret ballot, be rendered in writ- ing, and be final and binding on all the parties to the dispute. XVIII. WHO ABE DISQPAT.TFIED TO SERVE ON AEBITBATION COMMITTEE. No member who is not actively engaged in the trade, or who holds a public office, either elective or appointive, under municipal, county, state or national government shall be eligible to sit as the representa- tive in this trade arbitration board, and any member shall become dis- qualified to sit as a member of this trade Joint Arbitration Board and cease to be a member thereof immediately upon his election or appoint- ment to any public office or employment. XIX. UMPIHE. An umpire shall be selected who is in no wise affiliated or identified with the building industry, and who is not an employe or employer of labor nor an incumbent of a political office. XX. MEETINGS. The Joint Arbitration Board shall meet to transact routine business the first Thursday in each month, but special meetings shall be called on three days' notice by the presidents of the two organizations or upon application of three members of the Joint Arbitration Board. XXI. FINES FOR NON-ATTENDANCE AS WITNESS. The Joint Arbitration Board has the right to summon any member or members affiliated with any of the parties hereto against whom com- plaints are lodged for breaking this agreement or working rules, and also appear as witness. The summons shall be handed to the president of the Association or Union to which the members belong, and he shall cause the member or members to be notified to appear before the Joint Arbitration Board on date set. Failure to appear when notified, ex- cept (in the opinion of the Board) valid excuse is given, shall sub- ject a member to a fine of twenty-five (?2o) dollars for the first offense, fifty ($'50) dollars for the second, and suspension for the third. [144] SCHAITNEE LABOR CONTEACT 145 XXII. SALABIES. The salary of each representative on the Joint Arbitration Board shall be paid by the Association or Union he represents. XXin. QUOBUM. Seven (7) members present shall constitute a quorum in the Joint Arbitration Board. If one or more of the members of the Arbitration Committee of either of the parties to the agreement be absent, the other Arbitration Com- mittee shall cast an equal number of votes on a division in the Joint Arbitration Board. XXIVi. FINES AS A RESUIT OF AKBITEATION. Any member or members affiliated with either of the three parties hereto violating any part of this agreement or working rules estab- lished by the Joint Arbitration Board shall be subject to a fine of from ten ($10) dollars to two hundred ($200) dollars, which fine shall be collected by the President of the Association or Union to which the offending member or members belong, and by him paid to the treasurer of the Joint Arbitration Board not later than thirty (30) days after the date of the levying of the fine. If the fine is not paid by the offender or offenders It shall be paid out of the treasury of the Association or Union of which the offender or offenders were members at the time the fine was levied against him or them and within sixty (60) days of date of levying same; or in lieu thereof the Association or Union to which he or they belong shall sus- pend the offender or offenders and officially certify such suspension to the Joint Arbitration Board within sixty (60) days from the time of fining, and the Joint Arbitration Board shall cause the suspension decree to be read by the presidents of both the Associations and Union at their next regular meeting, and then post said decree for sixty (60) days in the meeting rooms of the Association and Union. No one who has been suspended from membership in the Association or Union for neglect or refusal to abide by the decisions of the Joint Arbitration Board can be again admitted to membership except by paying his fine or by unanimous consent of the Joint Arbitration Board. All fines assessed by the Joint Arbitration Board and collected during the year shall be equally divided between the two parties hereto, by the Joint Arbitration Board, at the last regular meeting in December. 10 [145] 146 BULLETIN OF THE UNIVEESITY OF WISCONSIN XXV. ETILES FOE ARBITRATION BOARD AND FOB PARTIES HERETO. All disputes arbitrated under this agreement must be settled by the Joint Arbitration Board, and in conformity with the principles and agreements herein contained, and nothing herein can be changed by the Joint Arbitration Board. No by-laws or rules conflicting with this agreement or working rules agreed upon shall be passed or enforced by either parties hereto against any of its affiliated members in good standing. XXVI. TERMINATION. It is agreed by the parties hereto that this agreement shall be In force between the parties hereto until April 1, 1303. XXVII. WITHDRAWAL FROM THE BUILDINO TRADES COUNCm. This agreement shall become operative when the Union withdraws permanently from the Building Trades Council. It being understood and agreed that after so doing affiliation with a new central body, com- posed solely of mechanic trades employed on buildings, will in no way affect the terms of this agreement, provided that the constitution, by- laws and rules of such central body are not in conflict at any time with the terms of this agreement and that the said central body shall not be called "The Building Trades Council" On behalf of the parties of the first part. THE carpenters' AND BtTILDEHS' ASSOCIATION OP CHICAGO. Abraham Edmunds, Joseph Haigh, William Adams, John A. "Wiseman, Charles "W. Gindele. THE MASTER CAEiPENTEKS' ASSOCIATION. Louis A. Ashbeck, H. Cohlgraff, B. C. Elllsh. On behalf of the party of the second part. THE carpenters' EXECUTEVE COUNCIL. ' Timothy Cruise, J. W. Quayle, P. F. Duffy, ' A. W. Simpson, Wm. L. Glass. [146] SCHAFFNEE LABOK CONTEACT 147 APPENDIX 4 STANDING RULES OP THE GRAND INTERNATIONAL BROTHER- HOOD OP LOCOMOTIVE ENGINEERS Section 1. On any system of railroad where two or more subdivisions are organized, there shall be a standing general committee of adjust- ment, whose members shall be elected biennially at the regular election of oflScers of subdivisions. Only those members of a division whose grievances he might be required to adjust shall be entitled to a vote for member of general committee of adjustment. On any line or system of railroad under or controlled by one presi- dent, or by an executive board under whom are one or more presidents or general managers, where a road or branch constitutes a separate d&- partment of the system, and on which the Brotherhood of Locomotive Engineers have separate and distinct schedules of pay, there may be on each such line a standing board of adjustment, composed of a dele- gate from each subdivision located upon that line or distinct part of the system; such delegate shall be the chairman of the local committee of his division, and these delegates shall meet biennially and select a chairman and secretary, and transact such other business as may be referred to them by subdivisions on their distinct and separate part of the system to which they belong. On these composite systems there shall be an executive board of adjusment, composed of the chairman of each general committee of adjustment of the separate lines or branches comprising the system, which shall meet biennially or annu- ally, as they may decide, elect a chairman and secretary, and such other business as may be referred to them by the general committees of ad- justment of the different lines. These committees to be governed by the law of the G. I. B. of L. B. Sec. 2. Bach subdivision on said system shall be entitled to one representative and one vote in said committee. Provided, that on systems whereon are located but two subdivisions, the subdivisions having the most members employed on such systems shall have two representatives and two votes in the committee named. Sec. 3. It shall be the duty of the general committee of adjustment of each system to meet biennially at such time and place as may be [147] 148 BULLETIN OF THE UM^IVEESITY OF "WISCONSIN determined by a majority of its members and adjust tlie grievances on the system, if any exist. Sec, 4. The chairmen and secretaries of general committees of ad- justment shall be elected at the opening of each biennial session. Sec. 5. The chairman may be elected from any subdivision on the system, even though not a delegate to the committee. Sec. 6. The chairman of the general committee of adjustment may be made a salaried officer, provided two-thirds of the members on the system so elect. Stec. 7. A salaried chairman shall devote his whole time to the interests of the members on his system, visit their subdivisions, ex- emplify the work, and give all necessary instruction. The salaries of such chairman shall be raised by an equal assessment on all members employed on the system represented, and shall be collected three months in advance and paid monthly. Sec. 8. Any chairman of a general committee of adjustment, when •called upon by one or more subdivisions on his system, shall be em- powered, in conjunction with local committees, to adjust, if possible, ;all differences that may rise between members and their employers without convening the general committee of adjustment, and in case the local committee cannot be convened readily, the chairman shall Jiave power to select one or more members to assist him. If unsalaried, Tiis pay for such service shall be raised by an equal assessment on all Tuembers who are employed on said system. General committee of ad- justment shall make such assessment as is deemed necessary, to be paid quarterly in advance to the general secretary and treasurer, who will pay the general chairman for his services, and any surplus in the treasury after payment of salaried chairman shall be applied to ex- penses of general committee when called in session. Sec. 9. It shall be the duty of the chairman of the general com- mittee of adjustment of each system to act as committee on transporta- tion for delegates to the G. I. B. of L. B. immediately after each election of officers, and report the result to the grand office. Provided, that where it is not advisable for the chairman to act in person, he may ap- point some members of his system to act in his stead. Stec. 10. At any time between biennial sessions, should a majority of the subdivisions on a system instruct the chairman to convene the general committee of adjustment, he shall do so without delay. In case of an emergency, the chairman is empowered to convene the committee, when, in his judgment, it is absolutely necessary. Any action taken by a general committee of adjustment on any sys- tem shall stand as law for all members and subdivisions on said system, [148] SCHAFFNER LABOK CONTEACT 14& until repealed by said committee or by a two-thirds vote of the mem- bers on the system. An appeal may be taken from the decision of the general committee of adjustment or the chairman to the members on the system, if made within ninety days from the date of such decision, and a two-thirda majority vote of members on said system shall be final. This vote to be taken in the same manner as in the election of division officers. Sec. 11. Any member refusing to sustain the action or to carry out the Instruction of the general committee of adjustment of the sys- tem on which he is employed shall, upon conviction by his subdivision, be expelled for violation of obligation. Any member who, by verbal or written communication to railroad ofiacials or others, interferes with a grievance that Is in the hands of a committee, or at any other time makes any suggestion to any official that may cause discord In any division, shall be expelled when proven guilty. Sec. 12. Should a subdivision on any system refuse to sustain an action of the general committee of adjustment of said system, or to enforce the laws passed by the G. I. B. of L. E., it shall be the duty of the member of said committee from such subdivision to make a written statement of the facts concerning such refusal to the chairman of said committee, who shall submit the same to the G. C. B., and if in the judgment of the G. C. B. such subdivision is at fault, he shall at once suspend its charter. Sec. 13. It shall be the duty of the general committee of adjustment on any system to exhaust its efforts to effect a settlement of any dif- ficulty that may arise on said system between the management of the system and members of the Brotherhood of Locomotive Engineers be- fore sending for the G. C. E. Failing, they shall notify the G. C. E. of the facts in detail and may call upon him for assistance. Sec. 14. Receiving such call, the G. G. B. shall give it precedence over all other business. Shall at once visit such system and use all honorable means to prevent trouble between members and their em- ployers. When it becomes necessary to defend ar;y of our existing agreements between members of the Brotherhood of Locomotive En- gineers and railway companies in the hands of the court, the grand chief, in conjunction with the general committee of adjustment, may employ a competent attorney to defend our interests, and the expense shall b3 paid from the treasury of the Brotherhood. Sec. 15. The expenses of members of a general committee of adjust- meat when convened for any purpose, together with pay for time they lose in such service, shall be raised by an equal assessment on all mem- [149] 150 BtrXLETIIT OF THE UNIVERSITY OF WISCONSIN bers of the Brotherhood of Locomotive Engineers employed on the system represented. The secretary of the general committee of adjust- ment shall furnish all divisions on the system a copy of the minutes of the meeting of said committee. All assessments levied by the general committee of adjustment shall be paid within sixty days after the date of notice, and any division not square on the books of the secretary and treasurer of the G. C. of A. at their annual or biennial meetings, their delegates will not be entitled to a seat. The chairman of the general committee of adjustment shall, or any division may, prefer charges against any division failing to pay their G. C. A. assessments within sixty days to the grand chief engineer, who shall investigate said charges, and if no reasonable excuse is found, each division shall have their charter suspended until they pay said assessments. Each division will furnish a credential to their member of gen- eral committee of adjustment, and it shall state the number of assess- able members. Divisions will pay for the number of members stated on the credential. Divisions will be responsible to their member of general committee of adjustment for his pay for serving on said com- mittee. The bill for amount due to any member of a subdivision for serving on such general committee shall, when regularly presented and ac- cepted, be paid, if possible, without delay, from the general fund of the subdivision, and said amount, when so paid, shall be again restored to said fund as soon as collected by assessment, as per this article. All general committees of adjustment shall have power to fix the rate of pay for members serving on such committee. When the general committee of any system is called on duty to attend to affairs of a general nature, the time and expenses of said committee shall be paid from the general fund of the G. I. B. of L. E., provided the call comes from the grand executive officers in authority. No new business will be entertained by a general committee of ad- justment unless sent under the seal of a subdivision, and no resolution that has for its purpose the changing of existing rights to runs as un- derstood by engineers will be entertained by any committee of ad- justment until It has been first submitted to all divisions interested, they to vote on the question and send their member to the G. C. of A. instructed how to vote. In case any matter pertaining to the welfare of the Brotherhood should come to the notice of the G. C. E., he shall have power to call a committee of two or more members, and they may make any arrangement or agreement they may deem best for the In- [150] SCHArFNEE LABOB CONTBACT 151 terest of the Brotherhood, and all expenses' incurred shall be paid out of the general treasury. Sec. 16. Should any member in the employ of a railroad company, while in discharge of his duty as a locomotive engineer, meet with any accident of any kind, he shall be required to make out a complete and true report of the same to his division, in writing, for the benefit of the committee of adjustment, and the division shall keep such report, to- gether with a copy of the judgment of the company's officials concern- ing such accident. Failing to do so he shall not have his case handled by the general chairman unless so ordered by a two-thirds vote of his division. Should an engineer wilfully misrepresent facts in his state- ment for the guidance and information of the committee, he shall be considered as having violated his obligation, and on conviction at a regular trial shall be suspended or expelled, as the division may deter- mine. Sec. 17. Members are prohibited from signing any contract with a railroad company, or making any verbal agreement, without the con- sent of the general committee of adjustment of the system by whi,h they are employed. Sec. 18. It shall be illegal for the chairman of any general or local committee of adjustment to meet with or go before the general man- ager, superintendent, or master mechanic of any railway, road, or sys- tem for the purpose of adjusting any grievance, or making or giving consent to any contract, without first consulting with other members of the general or local committee of adjustment; and said chairman shall be accompanied by one or more members of said general or local committee whenever he visits the general manager, superintend- ent or master mechanic to adjust the grievances of the members of the road by which he is employed. "When engineers of any railroad are using joint tracks on foreign roads, and through the movement of such engines the engineer is charged with any offense that would cause his dismissal or in any way affect his welfare, upon request of the division of which he is a member, the division located on the railroad or tracks of such foreign railroad shall, upon proper notification, take up such grievances and adjust the same in the same manner as if it were a grievance of their own member, and at the expease of the division mak- ing such request. [1511 152 EULLETIlir OP THE UNIVERSITY OF AVISCONSIBT APPENDIX 5 RULES RELATING TO LOCOMOTIVE FIREMEN ON THE CHICAGO, ROCK ISLAND & PACIFIC RAILWAY Provisionally Effective September 1, 1902. ABTICLE ONE. No fireman shall be dismissed or suspended from the service of the company without just cause. ABTICLE TWO. In case a fireman believes his discharge or suspension to have been unjust he shall make written statement of the facts in the premises and submit it to his Master Mechanic; and at the same time designate any other fireman in the employ of the company at the time on the same division, and the Master Mechanic, together with the fireman last referred to, shall, in conjunction with the Superintendent or some other superior oflScer, investigate the case in question. When at all practicable, such investigation shall be made within five days from the date of the receipt of the communication from the fireman, and in case the aforesaid discharge or suspension is decided to have been unjust, he shall be reinstated and paid half time for all time lost on said ac- count. ARTICLE THBEB. The right of appeal in proper order from Local to General ofiBcers is always conceded. ARTICLE FOUR. No attention will be paid to grievances, unless presented in writing within sixty days after their occurrence. ARTICLE FIVE. All charges or reports against firemen shall be made in writing, and such charges shall be subject to the inspection of the party against whom they are made. [152] SCHAFFNBE LABOE CONTEACT 153 ARTICLE SIX. When not otherwise required by the Companys necessities, all freight firemen shall run first in and first out (except those assigned to regular runs) from all terminals and relay stations in their respective districts. abucle seven. All firemen on extra lists shall register, on their arrjval, in a book provided for that purpose, and shall be called in rotation when the services of an extra man may be required, and shall remain with the engine called for until the regular fireman returns, except where a pre- ferred extra passenger list is maintained. ABTICLE EIGHT. Where a preferred extra passenger list is not maintained and a va- cancy occurs in passenger service, the best available man will be put on the engine; the senior freight fireman to be put on the engine as soon as possible, if the vacancy is for fifteen days or more. ARTICLE NINE. The rights and preferences to runs, engines and promotions shall be governed by seniority, and the choice of runs and engines shall be based upon this principle, it being understood that the choice of engines shall not apply to engines of the same class. The same rule will apply to firemen in yard service. When consistent to do so, and a deficiency of firemen in road service exists, firemen in yard service will be con- sidered in the line of promotion to road service firemen. ARTICLE TEN. Firemen shall be promoted according to seniority. Failing to pass examination (Mechanical or Time-Card), a fireman shall forfeit the right to promotion for six months. Failing to pass examination a sec- ond time, he shall lose his run and take the position of junior fireman on the regular list. Failing to pass examination a third time, he shall resign. ARTICLE ELEVEN. Firemen will have rights on their respective divisions as they are now divided. [153] 154 BULLETIIT OF THE UNIVEESITY OF WISCONSIN ABTICU: TWELVE. Firemen will be called for all runs not less than one hour, nor more than one hour and a half, before leaving time. The caller will be pro- vided with a book, showing time and for what train wanted, in which the fireman will sign his name and time called. Firemen living more than one mile from roundhouse will not be called. AETICI^ THIRTEEN. Firemen called to make a trip, provided the train is afterward an- nulled and fireman released, shall be paid for three hours' time on the basis of the regular rates which they are receiving, and shall occupy the same position as Before being ordered out. AETICLE FOUETEEN. The time of a fireman shall begin from the time for which the train is ordered, as shown on the order for calling, and shall continue to the time the engine is given to the hostler at the end of the run. ABTICLB FIETEEN". When road firemen are required to switch at terminals thirty-five minutes or more, time shall be allowed. AETICLE SIXTEEN. Delayed time at terminal stations before leaving will be paid for full delay if delayed one hour; if delayed thirty minutes at terminal sta- tions after arriving, one hour's time will be allowed. In computing delayed time before leaving it is understood that one full hour must be consumed before time will be allowed. If one hour and thirty minutes, two hours time will be allowed, and so on. After arriving at terminal station one hour will be allowed after thirty minutes' delay, two hours after one hour and thirty minutes' delay, and so on. AETICLE SEVENTEEN. In road service extra or overtime will not be allowed for terminal switching delays at terminal stations, or delays between terminals (see Articles 15, 16 and 23) except such as may be in excess either of one day of ten hours or one hundred miles. [154] SCHAFFNEE LABOR CONTRACT 155 AETICLE EIGHTEEN. The time of firemen in freight or passenger service shall be com- rputed on the basis of one hundred miles or less for a day's work; and all time made by firemen while on the road between terminal points, in excess of ten miles per hour on freight, or eight hours per hundred •miles on passenger, shall be considered overtime. ABTIOM! NINETEEN. When firemen are held in for snow-plow service, they will be allowed regular pay for each day of twenty-four hours that they are so held sub- ject to orders. In case a regular fireman's engine is assigned, in reserve, to snow- plow service, the fireman shall be provided with another engine. ABTICI.E TWENTT. When good cause can be shown for doubling hills, the pay shall be on the basis of the actual time lost — actual time to be computed from 4he time of stalling until the train is again coupled at the summit. AETICLE TWMNTT-ONE. Freight firemen double-heading on passenger trains will receive pas- senger firemen's pay for the same. AETICLE TWENTY-TWO. Firemen dead heading on Company's business will be paid half mile- age. ABTICLE TWENTY-THREE. When required by this Company to attend court, firemen shall be paid at the rate of $2.25 per day of twenty-four hours and their ex- penses during attendance, and for all time lost while awaiting the ■Company's orders, and for such time as they may lose while waiting to take their runs, and for all services not otherwise provided for in this schedule. ABTICLE TWENTY-FOUR. All construction service performed at terminal points by road fire- men not regularly assigned to construction will be paid for at the reg- [155] 156 BULLETIN OP THE UNIVEESITY OF "WISCONSIN ular rates. If more than five hours are consumed in this service, the fireman will not be considered first out in any class of service ex- cept construction. Road firemen required to do construction work be- tween terminals will be paid actual mileage for miles run on freight or passenger, and construction pay for such construction service at the established rate for fractions of a day on construction. AETICLE TWENTY-FIVE. The Company will furnish blank forms for engineers to fill out for all delayed time between terminals and at terminals before departing and after arriving, which shall be verified by the train sheet, and cer- tified to by the Division Superintendent. AETICLE TWENTY-SIX. Firemen required to watch engines will be paid their regular rate per hour, as firemen, for such service, regardless of other time or mile- age earned that day. AKTrCLE TWENTY-SEVEN. Switch firemen will be allowed one full hour for dinner between 11 o'clock A. M. and 1 o'clock p. m. Should necessity of business prevent the use of the hour assigned, the fireman shall be paid overtime for it at the rate per hour regularTy received by him. The same rule will apply to night men between the hours of 11 o'clock p. M. and 1 o'clock a. m. ARTICLE TWENTY-EIGHT. Firemen shall not be required to clean fires, ash pans, or front ends of their engines at terminals of their respective runs, or at points where there is a round house, provided that the run of the engine to be cleaned covers a mileage of not less than one hundred and fifty miles. AETICVLB TWENTY-NINE. Firemen will not be required to do any cleaning outside of cab on the following classes of engines: 1200 (new series number 2000) 1300 ( " " " 1000) 1400 1500 (new series number 1800) On the Kansas Division between Horton, Herington and Armour- dale, engines in the 800 class (new series number 1300) are in- cluded in the above exemption. Firemen will do all cleaning inside [156] SCHAJfFNEE LABOE CONTEACT 15Y of cab and clean windows outside on the engines specified in this Arti- cle and will continue to clean other engines as heretofore except as specified in Article Thirty. When the engines specified in this article are so located that cleaning cannot be properly taken care of by the Company, firemen will be required to do such cleaning as will prevent damage. ARTICI^ THIRTY. Firemen will not be required to blacken smoke-boxes, stacks or front ends on any class of engines which run into Division Terminals. ARTICLE THIRTY-ONE. No fireman shall be required to continue on duty when he reasonably needs rest, he to be the judge; but in extreme cases the firemen on their part will tender every means in their power to assist the com- pany; it being understood that trains shall not be unreasonably tied up between terminals, and that due notice shall be given when rest is required, if possible to do so. ARTICLE THIKTY-rWO. Coal for all main line and switch engines shall be broken, suitable for furnace use. ABTICtE THIETT-THKEE. Firemen will not be required to coal engines between terminals where chutes are not provided. AETICtE THIRTY-FOTJE. There shall be no objection to the transfer of a fireman from another division, provided the supply of firemen on the division requiring ad- ditional engineers does not meet the necessities, and good, competent men on other divisions are desirous of such transfer. ARTICLE THIBTY-riVE. Firemen on assigned runs will stay on their run regardless of engine furnished. When a chain gang engine goes into shop for general repairs, its fire- man will take the engine of the junior fireman in chain gang service and it will be considered his regular engine. ARTICLE THIETY-SJX. In case of a surplus of firemen, the junior men in the service shall be taken off and shall do extra work or firing. A surplus shall not be con- sidered as existing while firemen are making 2,600 miles per month. [157] 158 BTJLLETIIT OF THE ITNIVEESITY OF WISCONSIN ABTICI.B THIBTY-SEVBN. On application a copy of tlie revised seniority lists of firemen shalP be furnished. AETICLE THIBTT-EIGHT. When a run hecames vacant, it shall immediately be bulletined and a, fireman assigned as soon as possible thereafter. AKTICr.E THIETY-NINE. Firemen on standard 8-wheel locomotives will receive two and' twenty-five hundredths (2 25-100) cents per mile; on moguls and local runs they will receive two and forty-hundredths (2 40-100) cents per mile; on 10-wheeI engines they will receive two and fifty hundredths (2 50-100) cents per mile. Firemen of construction trains will receive- one hundred miles per day as per schedule. In construction service, twelve working hours or less will constitute a day's work. ASnClE FOETT. Firemen on suburban trains between Chicago and Blue Island shatt receive twenty-one (21) cents per hour while on duty. ABTICLE FOBTT-ONB. Firemen of switch engines shall receive one dollar and seventy-five cents ($1.75) per day; it being understood that in switching service- ten working hours shall constitute a day's work; five hours or less a half day; over five hours a full day. ABTICLE rOETT-TWO. Overtime will be allowed in switching service at the rate of seven- teen and one-half (17 50-100) cents per hour, and in all other service at the rate of twenty-two and one-half (22 50-100) cents per hour, ir- respective of classification. ii'il ABTTOLE FOBTT-THEEE. Alter final Investigation, firemen will be notified when time is not allowed, as per time reports, and reasons will be given for not allowing same. . !■'< ]' -^ ABTICLE FOETT-FOUB. Firemen leaving the service of this Company shall be given a serv- ice letter. [158] SCHAFFNEE LABOE CONTEACT 15& ABTICa^E FOETT-FrVE. All bulletins concerning firemen shall be posted in engine house. ARTICU: FORTY-SIX. Evidence of the willingness of a fireman to serve the best interests of the Company at all times, in whatever capacity assigned, as well as economy and cleanliness in the care of his engine and the Company's property under his control will always be considered as meriting re- ward. All rules previously in effect are by this agreement atolished. The articles enumerated above, constitute, in their entirety, the agree- ment between this Company and its locomotive firemen for a term of five years from September 1, 1902, and shall not thereafter be changed unless thirty days' notice has been served upon the other party. PROVIDED that these rules shall not become effective until at least seventy-five per cent of the total number of Firemen in the service on August 1st, 1902, have signified their acceptance of the rules by attach- ing their signatures thereto, and further PROVIDED that any person accepting the position of fireman during the life of these rules shall signify his acceptance of them by attach- ing Ms signature thereto. These rules do not apply to the Firemen paid and governed by the rules of the B. O. R. & N. Railway until such time as the rules of the C. R. I. & P. Ry. relating to firemen become ef- fective in the Northern District. FOB THE CHICAGO, BOCK ISLAND & PACIFIC BiT. Geo. F. Wilson, Supt. Motive Power. C. A. Goodnow, General Manager. FOB THE FIREMEN'. J. M. McQUADE, ; Chairman. George F. Phillips, H. P. Arnold, A. R. Cannady, W. S. Coppers, T. P. Lindsey, M. Peterson, F. T. Anderson, G. B. Seiler, R. S. boynton, I^. B. Hardesty, R, vass. G- S. Sutton, Committee. [159] 160 BTILLBTIH' OF THE UlflVEESITY OP 'WISCONSIK APPENDIX 6 INTERNATIONAL ASSOCIATION OF MACHINISTS AND THE FRISCO SYSTEM Agekembnt Entered into by and between the Frisco System and all lines' pertain- ing thereto, and the International Association of Machinists and Ap- prentices at Springfield, Missouri, Feb. 1, 1902. ABTICLB I. Sec. 1. A standard working day shall be ten (10) hours. Sec. 2. All time in excess of ten (10) hours per day, Sundays and Legal Holidays (New Years, Fourth of July, Labor Day, Thanksgiving, and Christmas) shall be paid for at rate of time and one-half. Sec. 3. Should a machinist or Apprentice be sent out on the road he will be allowed straight pay from time he is called until he returns, and one dollar per day, expenses for each twenty-four hours. If out more than thirty-six hours, and given time for rest, shop rules will apply, covering overtime; in addition, one dollar for each twenty-four hours will be allowed. ARTICLE II. Sec. 1. Should it become necessary to reduce expenses, all condi- tions being equal, the best men will be retained, and preference given to those that have others dependent on them for support. As to work- ing hours, conditions existing at time reductions are being made will govern. AETICIE in. Sec. 1. All Machinists employed at present (February 1, 1902) shall receive the schedule rate of pay (30 cents per hour) beginning Feb- ruary 1, 1902. All new men hired shall be paid not less than 29 cents per hour, and if at the end of three months he is found to be competent he shall receive the schedule rate of pay (30 cents per hour). [160] SCHAFFNEE LABOR CONTRACT 161 AETIOLE IV. Sec. 1. One Apprentice may be employed for the shop and thereafter one for every four (4) Machinists employed. This rate not to affect apprentices already employed. Sec. 2. All Apprentices will serve a term of four (4) years at the Machinists trade, and will be furnished with service papers at the expiration of apprenticeship. The rate of pay to be as follows: For the first year, 8 cents per hour; for the second year, 10 cents per hour; for the third year, 15 cents per hour; for the fourth year, 22 cents per hour; and at the expiration of four years and six months, 27 cents per hour; and if retained in the Company's service at the end of five (5) years shall receive the schedule rate of pay (30 cents per hour). Sec. 3. An Apprentice, after serving one (1) year, if in the opinion of the foreman of the department, he shows no aptitude to acquire the trade, he shall be transferred or dismissed, and all obligations accepted by this Company by reason of this schedule will of necessity be for- feited. ARTICLE V. Sec. 1. Machinists shall be considered in line for promotion. AKTICI.E VI. Sec. 1. Machinists will enjoy the same privileges in regard to free transportation upon the Company's own lines as other employes ani their families. AETICLB VII. Sec. 1. A first-class Machinist must be either capable of operating" to an advantage all important machines, or competent on floor or vise work. If an expert on a specialty such as building and maintaining in a workmanlike manner the important details that make up air brake apparatus as applied to locomotives he shall be classed as a Machinist. AETicLE vm. Sec. 1. Helpers or laborers will not be advanced to the detriment of Machinists or Apprentices, but will continue as in the past on such rough work as repairs of steam pipes, truck work, spring and rigging. ABTICLE IX. Sec. 1. The Company will not in any way discriminate against any Machinist who, from time to time, represents either Machinists on com- mittee of investigation or other committees duly authorized to see the 11 [161] 162 BULLETIN OF THE UNIVERSITY OF 'WISCONSIN management, but insist on sucli matters being presented in proper man- ner to foreman in charge; if satisfactory understanding cannot be arrived at, tlien present in writing the question at issue to general foreman or division foreman, and if it is a question they are not at liberty to decide, the matter will be forwarded to the office of Super- intendent of Machinery, who will reply to same through the ofHce of person in charge or arrange to meet committee. AETICLE X. The foregoing Articles and Sections shall be known as the Frisco System and all lines pertaining thereto, and the International Asso- ciation of Machinists Schedule and Rules, and will not be abrogated or annulled without thirty (30) days' notice by the interested parties or until a new Schedule or set of Rules is adopted satisfactory to all par- ties concerned, and said Schedule shall take effect not later than Feb- ruary 1, 1902, and will be in effect for one (1) year. Speingfieid, Mo., Feb. 24, 1902. Mr. J. F. Goldsmith and Committee, Representing International Order of Machinists, Springfield, Mo. Gentlemen: — ^Your letter of February 22nd, advising me that the nnderstanding we arrived at relative to the Rules, Regulations and Wages governing Machinists engaged by the Frisco Company at Spring- field, were satisfactory to the Committee and you desire that I should O. K. the same. This letter is for you to present to your Order notify- ing them of my acceptance as the Schedule presented, which contains modifications from the Schedule presented for January 1st, and differ- ing very little from what we arrived at one year ago. Yours respectfully, Geo. a. Hancock, Supt. of Machinery. P. S. Rates to apply from February 1st. [163] SCHAFFNER LABOE GONTBACT 163 APPENDIX 7 MICHIGAN MINING SCALE 1902. 1. Resolved, That from the time of its adoption this scale take effect and continue in effect until March 3lst, 1903, entirely superseding and annulling all other scales and agreements for this district, and any new rules, either local or general, governing the scale or conditions of employments in this district shall be mutually agreed to by operator and miners interested, and said rules before being in force shall receive the endorsement of the Operators' Commissioner and officials of Dis- trict No. 24, United Mine Workers of America. 2. Resolved, That for pick mining the following prices shall be paid: Per ton. For 30 inches of coal and upwards $ 86 For 27 inches of coal and less than 30 inches 91 For 24 inches of coal and less than 27 inches 96 For 2,000 pounds of coal to the ton, screened over a % diamond or flat bar screen, 14 feet in length, of 72 feet superficial area, sufHciently braced to keep bars in place. 3. Resolved, That the price of run of mine coal be determined on the actual percentage of screened coal at the mine producing the same, and that the same rules governing the cleaning of screened coal also apply to mine run. 4. Resolved, Should any miner persistently, carelessly or maliciously load slate or other impurities, he shall for the first offense be cautioned by notification, and for the second offense he shall be fined 50 cents, for the third and each subsequent offense occurring in any one month, he shall be iined $1.00, the amount of such fine to be paid into the miners' local treasTiry, providing that no miner shall be fined unless the weighman and checkweighman shall agree that the miner has not exercised proper care in cleaning the coal. In case they cannot agree. It shall be referrred to the mine committee and mine boss. 5. Resolved, That where one man cannot push his coal, the driver shall help him push hisi car out. [163] 164 BtTLLETIN OF THE TJNIVEESITY OF WISCONSIN 6. Resolved, That the question of car pushing by the company be deferred until the next annual joint convention, in order that operators may have time to thoroughly inform themselves by investigation in other districts and by experimental methods in this district regarding this matter. 7. Resolved, That the prices for narrow work and room turning be as follows: Elntries, per yard $1.50 Entries, double shift, per yard 1.73 Break-throughs, between entries l.oO Break-throughs' between entries and rooms 1 . 50 Break-throughs between rooms and entries' 1.30 Break-throughs between rooms 1.10 Room turning 3 . 20 8. Resolved, "Where entries are wet or have exceptionally bad top, an additional price will be paid over and above the regular rate, the extra price to be determined by the miners interested and mine boss. In case they fail to agree, it shall be referred to the mine committee and the mine management. 9. Resolved, There shall be paid 6% cents per inch for slate and bottom in entries, and where bottom is shot more than five feet wide the same proportionate rates' shall be paid for any additional width. 10. Resolved, That two cents per inch per lineal yard, five feet ■wide, be paid for all draw slate or foreign substances coming down and handled, to be removed by miner. 11. Resolved, That where substances met with in entries or rooms causing extra work or expense in drilling, shooting or breaking up such substances, an additional price shall be paid, as may be determined by miner and mine boss, and in case they fail to agree it shall be re- ferred to the mine committee and mine management. 12. Resolved, That when a miner meets a fault or clay vein and fails to agree with mine boss upon a price for going through the same, he shall receive $2.60 per day and the company furnish supplies, and if he shall not perform his work to the satisfaction of the company, he shall be given another place and the company may employ another man. 13. Resolved, That where differentials have existed and have been removed by arbitration, the question of differentials shall not be con- sidered during the life of this contract, and any new mines sunk shall have no differential imposed on them on account of their location. Where differentials were paid at the close of the last scale year and it is desired to remove them by miners or operators interested, a committee of two shall be selected, as follows : One selected by miners, [164] SCHAFFNEE LABOB CONTRACT 165 and one selected by operators, and the two thus selected shall make a personal investigation of the physical condition of the mine, as well as the earning capacity of the miners, as ascertained from the pay rolls of the company. They shall investigate in the manner prescribed in as many mines where no differentials are paid as will enable them to determine as to the merits of the removal of the differential, and their decision shall be final for the scale year. In case of failure to agree by the two thus selected, they shall select a disinterested person to act with them in the manner prescribed above, and a majority decision shall be binding upon all until the close of the scale year. Application for the removal of the differential to be made to the Miners' President and the Operators' Commissioner and shall receive immediate attention. It is understood that the President of the tJ. M. "W. of A. and the Operators' Commissioner shall not be of the committee. INSIDE DAY WAGE SCALE. 14. Resolved.That the wages of all day laborers inside the mine shall be as follows: Track layers $2 . 28 Track layers' helpers 2.10 Trappers l-^** Bottom cagers 2 . 10 Driver 2.10 Trip riders 2 . 10 Water haulers 2 . 10 Timbermen, where such are employed 2.28 Company men in long wall mines 2.10 All other inside day labor 2.10 15. Resolved, That where miners are taken away from their work to perform day labor they shall receive $2.60 per day, except where they voluntarily accept a position as a day laborer. 16. Resolved, That eight hours shall constitute a day's work, and no person working in the mine shall perform more than eight hours' labor in twenty-four, and not more than six days of eight hours each in one week except in case of emergency, and whenever this privilege is abused by the manager, the mine committee shall stop it after con- sultation with the district officers of the U. M. W. of A. and the operator. 17. Resolved, That an eight hour day means eight hours labor in the mine at usual working places for all classes of inside day labor. This shall be exclusive of the time required in reaching such work- [165] 166 BULLETlliT OP THE UNIVBESITY OF "WISCONSIN ing places in the morning and departing from the same at night. Re- garding drivers, they shall take their mules to and from the stables', and the time required in so doing shall not include any part of the day's labor, their work beginning when they reach the change at which they receive empty cars, but in no case shall a driver's time be docked while he is waiting for such cars at the point named. 18. Resolved, That when the men go in the mine in the morning, they shall be entitled to two hours pay, whether or not the mine works the two full hours, but after the first two hours the men shall be paid for every hour thereafter by the hour for each hour's work or fractional part thereof. If for any reason the regular work cannot be furnished the inside day laborer for a portion of the first two hours, the operator will furnish other than the regular labor for the unex- pired time. OUTSIDE DAY WAGE SCALE. 19. Resolved, That engineers and firemen shall work eight hours, with the understanding that engineers shall hoist and lower the men exclusive of this time. Per day. Dumpers $2.10 Trimmers 2 . 10 Check Chasers 1.25 Engineer 2 .uO Firemen 1 . 80 Blacksmith 2.50 All other outside labor when permanently employed 1.80 Carpenters when employed by the day to receive 2 . 40 But this s'ball not prevent carpenters accepting employment by the month. Temporary employes shall be under the jurisdiction of the company, but they shall not take the place of permanent employes. 20. Resolved, That the schedule of day wages applies only to men employed in the performance of their labor, and is not applied to boys unless they can do and are employed to do a man's work. 21. Resolved, That where any members of the present force of out- side day laborers in this field prefer to work in the mine in preference to accepting wages offered for their services as outside day laborers, they shall be given places in the mine to mine coal. 22. Resolved, That the company shall be required to make break- throughs every sixty feet and to stop all air leakages through the last break-through. [166] SGHAFPNER LABOIi CONTRACT 167 23. Resolved, That so far as possible two men be given two rooms, and tlie operators pledge themselves- to provide two places l:or two men at the earliest possible moment. 24. Resolved, That the company shall be required to place end gates in all cars and furnish equipment to lift end gates clear of all dumpage and that for all cars broken, because of derailment or other accident, while In transit from working places to shaft, the miners shall receive for such broken cars the average weight of each day's output. 25. Resolved, That the company be required to have the water taken out of wet entries before the regular starting time, and out of rooms within one hour after starting time, and in event the water Is not taken out at the above stated time, th§ miner shall bail the water, and he shall be paid for the same. 26. Resolved, That where an employe voluntarily quits his work he shall give three days' notice to employer, and shall then be paid amount due, or given statement when leaving his employment. 27. Resolved, Local rules shall be drawn up by the operators and miners jointly to govern the regulation and care of wash-houses. 28. Resolved, That all props be delivered to the working places of the men by the company, and that proper blanks be furnished to the miners to be filled out in order that they can have posts furnished them of the required length. 23. Resolved, That aJl miners and mine laborers be paid In cash for their labor, at the mine, on the Saturdays nearest the 10th and 2oth of each month, and 7 full hours shall be worked pay days, for which payment for one full day shall be made. 30. Resolved, That the work performed the first half of the month be measured on the 16th, and the work performed in the latter half of the month be measured on the 1st day of the succeeding month. 31. Resolved, That all posting in room work shall be done by the miner in such a manner that his working place shall always be kept in a safe and proper condition, and the miner shall do the ordinary room posting in gob or wide entries. 32. Resolved, That all oils furnished to day men be charged at the same rate as charged to miners. 33. Resolved, That mine workers shall not be allowed to enter the mine later than 7 a. m., and that one hour shall be taken for noon in this district. Further, that six men at one time shall be allowed to go up on a cage at any time until proper escape shaft is furnished. 34. Resolved, That all shooting shall be done during the first half of the noon hour and at the close of the working day, providing shoot- ing is done twice a day; if only done once a day, then it shall be done at the close of the working day; but it may be agreed between the [167] 168 BULLETIN OF THE UNIVEESITY OE WISCONSIN mine management and miners whether the shooting shall be done once or twice a day. 35. Resolved, That the miners shall have the right to choose their own doctor. 36. Resolved, That the following shall be collected through the office: Requirement of the U. M. W. of A., the checkweighman's wages, sick and death benefit funds and the wash-house keeper's wages. 37. Resolved, That the price for blacksmithing be paid at the rate of one cent on the dollar of wages earned by the miner. 38. Resolved, That no mine worker of Michigan shall be discrim- inated against or blacklisted because of his connection with the United Mine Workers of America or for any other cause. 39. Resolved, That the price of powder and of oil be the sume as now charged; these prices subject to the market changes. 40. Resolved, That no strike shall take place owing to any dispute arising at any time under the jurisdiction of district No. 24 (except for refusal of employers to pay wages on the regular pay day without satisfactory explanation, or danger to life and limb, or inaccuracy of weighing scales and when the screens are out of repair, unless em- ployers and employes can agree on difference to be paid on account of scales and screens being out of order) until the dispute at the mine affected has been thoroughly investigated by the of&cers of Dis- trict No. 24, XJ. M. W. of A., and the Operators' Commissioner. 41. Resolved, Any employe suspended or discharged may request and demand an investigation into the validity of such suspension or discharge, when it shall be the duty of the mine management and the mine committee to go into an investigation of the facts, when, if they can agree upon a decision, the incident shall be considered closed. In case they fail to agree, then the matter shall be referred to the District President and the Operators' Commissioner, who shall render a decision in three days. It is further provided, that any per- son discharged or suspended shall remain idle three days, and in the event no decision is reached in three days then the person discharged or suspended shall resume work until a decision is reached, investi- gation to begin immediately. 42. MACHINE MINING (Chain and Punching Machines.) CHAIN MACHINE MINING SCALE. Loading and drilling in rooms $0 . 50 Loading and drilling in entries 64 Loading and drilling in breakthroughs 64 Cutting in rooms 16 Cutting in entries 20 Cutting in breakthroughs 20 [168] SCHAFFNEE LABOR CONTEACT 169 PUNCHING MACHINE SCAliE. Loading and drilling in rooms $0 . 50 Loading and drilling in entries 64 Loading and drilling in brealcthroughs 64 Cutting in rooms 20% Cutting in entries 2o^ Cutting in breakthrouglis 25Vi Shearing in entries, per yard 1 . 06 Shearing in rooms, per yard 50 Room turning — entry price. 433. Resolved, That all places In machine mines driven less than eighteen feet wide shall be paid entry price. 44. Resolved, That the same rules that govern in pick mines in reference to slate and foreign substances shall also apply to machine mines. 45. Resolved, That the division of pay for punching machine men when working at contract prices, be considered a local question for adjustment between the men themselves; but work shall not be suspended at any time because of a failure to adjust by the cutter and helper. That all chain machine men receive equal pay for their labor. 46. Resolved, That all machine runners be provided with at least twenty, or a sufficient number of picks to perform their labor. 47. Resolved, That all chain machine runners shall cut coal close to bottom and shall not leave more than four inches of coal, and the bug dust shall be loaded out with the coal by the loader, and the ma- chine runner shall throw bug dust back instead of against the face, and where stumps are left by machine runners, they shall remove the same or pay the loaders for removing the stump. 48. Resolved, No blacksmithing shall be charged loaders or machine runners in machine mine. 49. Resolved, That where pick carriers are employed they shall receive $1.25 per day. 50. Resolved, That in deficient places the price of loading and cut- ting with machines shall be determined upon by the loader, runner and mine boss, and in case they fail to agree, it shall be referred to mine committee. 51. Resolved, That the same relative differential that now exists In the pick mining rate in the State of Michigan shall also apply to machine mines, and for a readjustment of the differentials, the same provisions that have been adopted to arbitrate differentials in pick mines' shall also apply to machine mines. [169] lYO BULLETIN OI" THE UNIVEESITY OF "WISCONSIN 52. Kesolved, This scale is based upon eighty six cents pick mining. 53. Resolved, That the Operators' Commissioner, Thomas W. Davis, be and is hereby authorized to sign scale for and oa behalf of all the operators of Michigan. MICHIGAN COAL OPERATORS, Per Thomas W. Davis, Commissioner. V. M. W. of A., Per "W. F. Williams, Pres. District 2i, APPE:NrDIX 8 THE ASSOCIATED TEAMING INTERESTS OF CHICAGO AND THE TEAMSTERS' NATIONAL UNION OF AMERICA Agreement. CHICAGO, June 11, 1902. — The Associated Teaming Interests of Chicago and the Teamsters' National Union of America, by their re- spective officers' and committees, whose signatures are hereto at- tached, do hereby establish and maintian for the period of one (1) year from date a joint arbitration board composed of seven (7) mem- bers from each of the contracting parties, and they thereby agree as follows : To submit to the arbitration of this board all differences between the contracting parties which do now or may arise during the life of this agreement. Harry G. Selfridge. John M. Rowan. Albert Young. S. T. Edwards. John S. Field. Samuel Johnson. Charles Robb. Fred S. Hartwell. Arthur Dixon. F. C. Bender. James B. Barry. Frank H. Hebard. Henry B. Steele. Charles G. Sagerstrom. [170] SCI-IAFFNEE LABOE CONTEACT 171 APPEJSfDIX 9 AGREEMENT BETWEEN CHICAGO TYPOGRAPHICAL, UNION NO. 16, AND ALLIED PRINTING TRADES AND THE INTER OCEAN PUBLISHING COMPANY (Signed March 22, 1899). This agreement, made and entered into this 22nd day of March, 1899, by and between the Inter Ocean Publishing Company, through its authorized representatives, the party of the first part, and the su- bordinate unions of the International Typographical Union of the city of Chicago, consisting of Chicago Typographical Union No. 16; Chicago Stereotypers' Union No. 4; Chicago Mailers' Union No. 2, and Chicago Photo-Engravers' Union No. 5, and the subordinate unions of the International Printing Pressmen and Assistants' Union, consisting of Chicago Newspaper Web Pressmen's Union No. 81, and Chicago Assistants and Web Press Helpers' Union No. 4, by their committees duly authorized to act in their behalf, parties of the second part. Wituesseth, That from and after Wednesday, March 22, 1899, and for a term of five years, ending March 22, 1904, and for such a rea^ sonable time thereafter (not exceeding thirty days) as may be required for the negotiation of a new agreement, the newspaper represented by the said party of the first part binds itself to the employment in its composing-room and the departments thereof, of mechanics and workmen who are members of Chicago Typographical Union No. 16; in its steraotyping-room to stereotypers who are members of Chicago Stereotypers' Union No. 4; in its mail-room to mailers who are mem- bers of Chicago Mailers' Union No. 2; in its photo-engraring depart- ment to photo-engravers who are members of Chicago Photo-Engravers' Union No. 5; in its pressroom to pressmen and assistants who are members of Chicago Newspaper Web Pressmen's Union No. 81, and Chicago Assista,Dt Web Pressmen and Helpers' Unoin, and agree to respect and observe the conditions imposed by the constitutions, by- laws and scales of prices of aforesaid organizations, copies of which are hereunto attached and made a part of this agreement. And it is further agreed . that aforesaid constitution and by-laws may be amended by said parties of the second part without the con- sent of the party of the first part; provided, however, that such changes do not In any way conflict with the terms of the scales and rules as set forth in this contract. [171] 172 BULLETIN OF THE UBTIVEESITY OF WISCONSIN It is further agreed that the scale of prices of the Chicago Typo- graphical Union No. 16, adopted March 17. 183Y, shall continue with- out change, during the life of this contract, except as may be mutually agreed between the parties hereto. A standing committee of two representatives of the party of the first part, and a like committee of two representing the parties of the second part, shall be appointed; the committee representing the parties of the second part shall ,be selected by the union whose in- terests are directly affected; and in case of a vacancy, absence or refusal of either of such representatives to act, another shall be ap- pointed in his place, to whom shall be referred all questions which may arise as to the scale of prices, the construction to be placed upon any clauses of the agreement, or alleged violations thereof, which cannot be settled otherwise, and that such joint committee shall meet when any question of difference shall have been referred to it for decision by the executive officers of either party to this agree- ment, and should the joint committee be unable to agree, then it shall refer the matter to a board of arbitration, the representatives of each party to this agreement to select one arbiter, and the two to agree upon a third. The decision of this board shall be final and binding upon both parties. The party of the first part hereby agrees that he shall not, during the continuance of this agreement, introduce into his composing- room any font of type that shall be leaner than the leanest correspond- ing type now in use in any one of the offices in the city of Chicago; provided, that if any font of type leaner than the leanest correspond- ing type now in use by the party of the first part, but up to the In- ternational Typographical Union standard, shall be introduced by the party of the first part, the difference in measurement between the type introduced and its corresponding type now in use shall be given to the compositor. It is agreed that should the International Typographical Union and the American Newspaper Publishers' Association mutually adopt a new standard for the measurement of type, said standard shall be used in the Inter Ocean office under the jurisdiction of the parties to this agreement and that, if said standard shall necessitate a new scale of wages, said scale shall, if p6ssible, be fixed by the Joint Standing Committee of the two parties to this agreement; and that, should said committee fail to agree, the question shall be submitted to a board of arbitration, as above provided for, the decision of said board to be binding upon both parties to this agreement. It is further agreed by the party of the first part that in the event [172] SCHAFFNEK LABOE CONTBACT 173 of the substitution of machines other than the Linotype, for hand composition or distribution, a scale of wages may be agreed upon by the Joint Committee of the parties to this agreement; but if no satis- factory conclusion can be reached, the matter shall be referred for final settlement to a board of arbitration as above provided for. It is agreed by the said parties of the second part that for and In consideration of the covenants entered into and agreed to by said party of the first part, the said parties of the second part shall at all times during the life of this agreement truly and faithfully discharge the obligations imposed upon them by furnishing men capable of per- forming the work required in the various mechanical departments of the party of the first part. It is agreed that both the language and the spirit of this contract between the Inter Ocean Publishing Company, party of the first part, and the organizations known as Chicago Typographical Union No. 16, Chicago Stereotypers' Union No. 4, Chicago Mailers' Union No. 2, and Chicago Photo-EngraYers' Union No. '5, being trades-unions chartered by and under the Jurisdiction of the International Typographical Union, an organization having its headquarters at Indianapolis, Indiana, and Chicago Newspaper Web Pressmen's Union No. 81, and Chicago Assistants and Web Pressmen and Helpers' Union, organizations chartered by and under the jurisdiction of the International Print- ing Pressmen and Assistants' Union of North America, by their com- mittees duly authorized to act in their behalf, parties of the second part, make it imperatively obligatory on both parties whenever any difference of opinion as to the rights of the parties under the contract shall arise, or whenever any dispute as to the construction of the con- tract or any of its provisions takes place, at once to appeal to the duly constituted authority under the contract viz., the Joint Standing Committee, to the end that fruitless controversy shall be avoided and good feeling and harmonious relations be maintained, and the regular and orderly prosecution of the business in which the parties have a community of interest be insured beyond the possibility of interruption. It is further stipulated and agreed that the party of the first part shall not now or during the life of this contract enter into any as- sociation or combination hostile to the printing trades unions, nor shall it at any time render assistance to such hostile combination or as- sociation by suspension of publication or any other art calculated to injure the printing trades unions. And the party of the second part hereby agrees to enter into no com- bination or association with the intent or purpose of injuring the Inter [173] 174 BULLETIN OF THE UNIVEESITY OF WISCONSIN Ocean Publishing Company or its property, and sliall not be a party to any hostile act with similar intent. In witness whereof. We have hereunto set our hands and seals this 22nd day of March, 1899. THE INTEE OCEAN PUBLISHING COMPANY, By W. F. Furbeck, President. Wm. Penn Nixon, Secretary. CHICAGO TYPOGEAPHICAL UNION NO. 16, By John McParland. A. C. Rice. CHICAGO STEMEOTYPEBS' UNION NO. 4, By R. B. Prendergast. John S. Healy. CHICAGO MAILERS' UNION NO. 2, By J. J. Kinsley. Wm. Mclnerney. CHICAGO PHOTO-ENGBAVEBS' UNION NO. 5, By J. S. Falkinburg. G. A. Gink. CHICAGO NEWSPAPEE WEB PEESSMEIif'S UNION NO. 81, By Thos. P. Fitzgerald. E. W. Garr. CHICAGO ASSISTANTS AND WEB PRESS HELPEES' UNION NO. 4, By P. C. McKay. William E. Hill. This contract is entered into by and with the consent of the In- ternational Typographical Union, an organization to which the pa'ty of the first part concedes jurisdiction and control over trade organiza- tions in all mechanical departments of the party of the first part, with the exception of the pressroom, and this contract is entered into by and with the consent of the International Printing Pressmen and As- sistants' Union of North America, to which organization the party of the first part concedes jurisdiction over trade organizations controlling all employees of the pressroom and the International Typographical Union, through its authorized representative, and the International Printing Pressmen and Assistants' Union, through its authorized repre- sentative, do hereby severally agree to protect the party of the first part in case of violation of the agreement by any of the said parties of the second part under the respective jurisdiction of said Interna- tional unions, but such unions shall not be guarantors as to each other. [174] SCHAFPNEE lABOE CONTEACT 175 In Witness whereof, We have hereunto set our hands and seals, this 22nd day of March, 1899. Samuel B. Donnexly, President, International Typographical Union. James H. Bowman, President, International Printing Pressmen and Assistants' Union. JOHK G. DEIBFI/INQEE. APPENDIX 10 ARBITRATION AGREEMENT BETWEEN AMERICAN NEWSPAPER PUBLISHERS' ASSOCIATION AND INTERNATIONAL TYPOGRAPHICAL UNION Section 1. On and after May 1, 1302, and until May 1, 1907, any publisher who is a member of the American Newspaper Publishers' Association, employing union labor in any department or departments of his office under a contract or contracts, written or verbal, with a local union or unions' affiliated with the International Typographical Union where such contracts have been approved by the president of the latter organization as well as under all contracts in force on May 1. 1901, shall have the following guarantees: a. He shall be protected under such contract or contracts by the International Typographical Union against walk-outs, strikes, boycotts, or any other form of concerted interference with the peaceful opera- tion of the department or departments of labor so contracted for, by any union or unions with which he has contractual relations; provided such publisher shall enter into an agreement with the International Typographical Union to arbitrate all differences that may arise under said verbal or written contracts between said publisher and the local union affecting union employees in said department or departments, if such said differences can not be settled by conciliation. b. All disputes arising over scale provisions relating to wages' and hours in renewing or extending contracts shall likewise be subject to arbitration under the provisions of this agreement, if such disputes can not be adjusted through conciliation. It is expressly understood that contracts hereafter entered into by publishers with allied trades councils shall not be recognized as coming under the terms of this agreement. [175] 176 BULLETIN OF THE UNIVEESITY OF WISCONSIN Section 2. The International Typographical Union further agrees to arbitrate any and all differences that may arise in the mechanical de- partments of any newspaper, member of the American Newspaper Pub- lishers' Association, which shall enter into an agreement to that effect; provided all departments of said news'paper under the jurisdiction of the International Typographical Union are strictly usion departments and are so recognized. Section 3. The question whether a department shall be union or non- union shall not be classed as a "difference" to be arbitrated. Section 4. If conciliation between the publisher and a local union fails, then provision must be made for local arbitration. If local arbi- tration or arbitrators can not be agreed upon, all differences shall be referred, upon application of either party, to the National Board of Ar- bitration. In case a local board of arbitration is formed, and a decision rendered which is unsatisfactory to either side, then review by the National Board of Arbitration may be asked for by the dissatisfied party, provided notice to the other party to that effect is given within fifteen days thereafter. It shall be optional with the board to grant or deny such review as the facts in the case may warrant. Section 5. In case a review is granted, as provided in section 4, the National Board of Arbitration shall not take evidence except by a major- ity vote of the board, but both parties' to the controversy may be re- quired to submit records and briefs, and to make oral or written argu- ments (at the option of the board), in support of their several conten- tions. They may submit an agreed statement of facts, or a transcript of testimony properly certified to, before a notary public by the sten- ographer taking the original evidence or depositions. Section 6. Pending final decision, work shall be continued in the of- fice of the publisher, party to the case, and the award of the National Board of Arbitration shall. In all cases, include a determination of the issues involved, covering the period between the raising of the issues and their final settlement; and any change or changes in the wage scale of employees may, at the discretion of the board, be made effective from the date the issues were first made. StecTioN 7. Union departments shall be understood to mean such as are made up wholly of union employees, in which union rules prevail, and in which the union has been formally recognized by the employer. Section 8. This agreement shall apply to individual members of the American Newspaper Publishers' Association or local associations of publishers accepting it and tlie rules drafted hereunder, at least sixty (60) days before a dispute shall arise. Section 9. The National Board of Arbitration shall consist of the [176] SCHAFPiS-EE LABOE CONTEACT 177 president of the International Typographical Union and the commis- sioner of the American Newspaper Publishers' Association, or their proxies and in the event of a failure to reach an agreement, these two shall select a third member in each dispute, the memner so selected to act as chairman of the board. The finding of the majority of the board shall be final, and shall be accepted as such by the parties to the dis- pute under consideration. SHcrrioN 10. In the event of either party to the dispute refusing to accept and comply with the decision of the National Board of Arbitra- tion, all aid and support to the firm or employer, or local union refus- ing acceptance and compliance, shall be v^ithdrawn by both parties to this agreement. The acts of such recalcitrant employer or union shall be publicly disavowed, and the aggrieved party to this agreement shall be furnished by the other with an official document to that end. Section 11. The said National Board of Arbitration must act, when its' services are desired by either party to a dispute as above and shall proceed with all possible dispatch in rendering such services. SEcnoiiT 12. All expenses attendant upon the settlement of any dis- pute, except the personal expenses of the commissioner of the American Newspaper Publishers' Association and the president of the Interna- tional Typographical Union shall be borne equally by the parties to the dispute. Section 13. The conditions obtaining before the initiation of the dis;- pute shall remain in effect pending the finding of the local or of the National Board of Arbitration. Section 14. The following rules shall govern the National Board of Arbitration in adjusting differences between parties to this agreement: 1. It may demand duplicate typewritten statements of grievances. 2. It may examine all parties involved in any differences referred to it for adjudication. 3. It may employ such stenographers etc., as may be necessary to facilitate business. 4. It may require affidavit on all disputed points. 5. It shall have free access to all books and records bearing on points at issue. 6. Equal opportunities shall be allowed for presentation of evidence and argument. 7. Investigations shall be conducted in the presence of the repre- sentatTves of both parties. 8. The deliberations shall be conducted in executive session, and the findings, whether unanimous or not, shall he signed by all members of the board in each instance. 12 [177] 178 BULLETIN OF THE UNIVEESITY OF WISCONSIN 9. la the event of either party to the dispute refusing to appear or present its case after due notice, It may be adjudicated in default, and Endings rendered against such party. 10. All evidence communicated to the board in confidence shall be .preserved inviolate, and no record of such evidence shall be kept. Section 15. The form of contract to be entered into by the publisher and the International Typographical Union shall be as follows: CONTKACT. It is agreed between publisher and proprietor of the — , •and , duly authorized to act in its behalf, party of the first part, ,and the International Typographical Union, by its president, duly .authorized to act in its behalf and also in behalf of Union of , as follows: That any and all disputes that may arise — 1. Under any contract, verbal or written, in force May 1, 1901. 2. Under any contract, verbal or written, approved by the president of the International Typographical Union. 3. All disputes arising over scale provisions relating to wages and hours In renewing and extending contracts' between > publisher (s) or proprietor(s) and the union(s), or any member thereof, now operating in the department (s) of the — shall first be set- tled by conciliation between the publisher and the authorities of the local union, if possible. If not, the matter shall be referred to arbitra- tion, each party to the controversy to select one arbitrator, and the two thus chosen to select a third, the decision of a majority of such board of arbitration to be final and binding upon both parties, except as liereinafter provided for. If local arbitration or arbitrators can not be agreed upon, all differ- ences shall be referred, upon application of either party, to the National Board of Arbitration, consisting of the president of the Inter- national Typographical Union and the commissioner of the American Newspaper Publishers' Association, or their proxies; and if the board thus constituted can not agree, it shall be authorized to select an addi- tional member, and the decision of a majority of this board, thus con- stituted, shall be final and binding upon both parties. Pending arbitration and decision thereunder work shall be continued as usual in the oflBce of the publisher(s) part— • to this agreement, and the award of the arbitrators shall. In all cases, include a determination •of the issues involved covering the period between the raising of the Issues and the final settlement, and any change or changes in the wage [178] SCHAFFNEE lABOE CONTBACT 179 scale of employees, or other ruling, may, at the discretion of the arbitrators, be made effective from the date the issues were first made. In case a local board of arbitration is formed, and a decision ren- dered which is unsatisfactory to either side, then a review may be asked of the National Board of Arbitration by the dissatisfied party. Pending decision under such review from a local board of arbitration, work shall be continued as usual in the office of the publisher (s), part — to the case, and the award of the National Board of Arbitration shall, in all cases, include a determination of the issues involved, covering the period between the raising of the issues and their final settlement; and any change or changes in the wage scale of employees, may, at the discretion of the board, be made effective from the date the issues were first made. In consideration of the agreement by the said publisher (s) or pro- prietor (s) to arbitrate all differences as provided for herein with the union (s), the International Typographical Union agrees to underwrite to said contract and guarantee fulfillment on the part of union (s). It is expressly understood and agreed that the sections numbered from one to sixteen inclusive, of the agreement between the American Newspaper Publishers' Association and the International Typographical Union hereunto attached shall be considered an integral part of this contract, and shall have the same force and effect as though set forth in the contract itself. This contract shall be in full force and effect from — • , 1902, to the first day of May, 1907, unless amended sooner by mutual consent. In witness whereof, the undersigned publisher(s) or proprietor(s) of the said newspaper and the president of the International Typo- graphical Union have hereunto affixed their respective signatures, in triplicate this day of , 190 — . Puhlisheris) or Proprietor (s) President International Typographical Union. Witness, as to publisher. Witness, as to president, Skction 16. This covenant between the International Typographical Union and the American Newspaper Publishers' Association shall remain in effect from the 1st day of May, 1902, to the 1st day of May, 1907, but amendments may be proposed to this agreement by either [179] 180 BULLETIN OF THE UNIVEESITT OE WISCONSIN party thereto at least ninety days before the 1st day of May in any year, and on acceptance by the other party to the agreement, shall be- come a part thereof. Now, therefore, it is mutually agreed as follows: First. This agreement shall be published simultaneously by the two bodies at such time as may hereafter be decided upon. Second. The agreement shall be submitted for ratincation to the American Newspaper Publishers' Association at its annual meeting in February, 1902, and immediately, thereafter to the executive council of the International Typographical Union. If formally ratified as a whole by both bodies, it shall become effective on May 1, 1902, and remain in full force and effect for five years thereafter, unless mutually amended sooner as therein provided for. In witness whereof, we have hereunto affixed our signatures this 3d day of January, 1902. (Signed) A. A. McCoemick, Chairman. M. J. LOWENSTEIN For the special standing committee of the American Newspaper Publishers' Association. Fkedebick DeiScioli., Commissioner. James M. Lynch, C. E. Hawkes, Hugo Miller, J. "W. Beamwood, For the International Typographical Union. The attached agreement was unanimously approved of by the Amer- ican Newspaper Publishers' Association at its annual convention on February 19, 1902, and subsequently the same was approved by the executive council of the International Typographical Union, acting under authority from the International Typographical Union conven- tion. W. C. Beta>-t, Secretary. [180] SCHAFFNEE LABOE CONTEACT 181 APPENDIX 11 AMALGAMATED WOOD-WORKERS COUNCILi OP CHICAGO. ARTICLES OF AGREEMENT Agreement entered into this day of 1902 between, , manufacturers of , parties of the first part, and the undersigned representatives of the AMALGA- MATED WOOD- WORKERS COUNCIL OF CHICAGO, parties of the second part. Article 1. The party of the first part hereby agrees to employ none but members of the AMALGAMATED WOOD-WORKERS COUNCIL, who are in good standing and carry the current quarterly card of the organization. Article 2. The party of the first part agree that the representatives of the Wood-Workers Council of Chicago, shall have access to the mill or factory of said party of the first part, at any reasonable time. Article 3. The minimum scale of wages for journeymen working either on the bench or on woodworking machinery in the mill or fac- tory of the party of the first part, shall be 25c per hour and for wood- carvers 28c per hour and that nine (9) hours shall constitute a day's work; and it shall be understood that all employees receiving more than the foregoing scale shall not be subject to any reduction in wages by reason of the adoption of this agreement. Article 4. All overtime shall be paid for at the rate of time and one- half. Double time shall be paid for all work done on Sundays, New Years Day, Decoration Day, Fourth of July, Thanksgiving Day, and on Christmas Day, but not on days celebrated for them. No work shall be allowed under any pretence on Labor Day. Article 5. There shall be a regular pay day at least once in every two weeks, and there shall not be more than three days kept back. A strike to enforce this article, shall not be considered a violation of this agreement. Article 6. The party of the first part, may have one apprentice to every ten (10) bench men, or majority fraction thereof, he to work on the bench, and one apprentice to every ten (10) machine men, or majority fraction thereof, he to work on machines. Each apprentice [181] 182 BULLETIN OP THE UNIVERSITY OF WISCONSUiT shall serve a term of three (3) years at the following rate of wages: First year $1.00 per day, second year $1.25 per day, third year $1:50' per day, and no one shall be accepted as an apprentice under sixteen (16) years of age, or over twenty (20) years of age, and all appren- tices shall carry the current quarterly apprentice card of the Wood- Workers' Council of Chicago. Article 7. There shall be a steward in each mill or factory of the party of the first part, appointed by the business agent and It shall be his duty to control the working cards of the men in said mill or factory and report all violations to the business agent of his district or to the oflBce of the council. Article 8. Engineers employed by the party of the first part shall belong to and carry the card of the International Union of Steam En- gineers No. 3. All shipping clerks employed by the party of the first part, shall belong lo the A. W. W. I. U. of A. and carry the current quarterly card of the A. W. W. Council of Chicago. Article 9. A sympathetic strike to protect union principles shall not be considered a violation of this agreement. Article 10. The party of the first part, shall be entitled to the use of and be furnished with the label of the A. W. W. I. U. of A. and all work manufactured by the party of the first part, must be stamped be- fore delivery. Article 11. All interior finish, doors and other mill work specified to be filled by the party of the first part, shall be filled by members of the Painters' Union, who carry the current quarterly card of the Painters' District Council. Article 12. In the event of any dispute between the parties to this agreement the party of the first part, and the repres'entatives of the A. W. W. Council shall endeavor to arrive at a satisfactory settlement and in case no settlement can be arrived at, each shall appoint a prac- tical man, those two shall appoint a third, the three to act as a board of arbitration whose decision shall be final. Article 13. It is further agreed that at least thirty days prior to the expiration of this agreement it shall be open for discussion for any changes desired by either party to this agreement. Article 14. This agreement shall be in force from date of signing hereof, until the first day of March, 1903. For party of the first part. For party of the second part. [182] Remington Rand Inc. Cat. no. 11 39 mmmmmiif HD7811.U6S|2""'''"""""'"^^ ^'Ji?ii'i?.M,?.'i.,^°"'"'^' ''■°"' individual to co 3 1924 002 424 863 I*R0P6:rty of library NtW YORK mil SCHOOL IWUSTRIAUBO UEOR RELATIONS COIIN«LL MNiyiRSITY •m