3 1924 002 406 605 ,„ ,«! A rmCl 
 
 BOARD OF MEDIATION AND 
 CONCILIATION 
 
 1913-1917 
 
 WASHINGTON, D. C. 
 
 \HD 
 \5503 
 
 N/7 
 
 WASHINGTON 
 
 GOVEBNMENT PRINTING OFFICS 
 
 1118 
 
 ^ 
 
THE LIBRARY 
 
 OF THE 
 
 NEW YORK STATE SCHOOL 
 
 OF 
 
 INDUSTRIAL AND LABOR 
 
 RELATIONS 
 
 AT 
 
 CORNELL UNIVERSITY 
 
The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924002406605 
 
REPORT 
 
 OF f 
 
 ^S>. THE UNITED STATES. 
 BOARD OF MEDIATION AND 
 CONCILIATION 
 
 1913-1917 
 
 WASHINGTON, D. C. 
 
 WASHINGTON 
 
 GOVEBNHENT PRINTING OFFICE 
 
 1918 
 
 r^/3 
 
UNITED STATES BOARB OF MEDIATION AND 
 CONCILIATION. 
 
 WILLIAM L. CHAUBEKS, 
 
 Commitsltmer. 
 
 Q. WALLACE W. HANGER, 
 
 Attittaat Cammiaioner. 
 
 UEMBEBS or eoasd: 
 MARTIN A. KNAPP, 
 
 Chairman. 
 
 WILLIAM L. CHAMBERS, 
 a. WALLACE W. HANGER. 
 
 WiLLUu H. Siiraa, 
 
 Secretary 
 

 REPORT OF OPERATIONS OF THE UNITED STATES BOARD 
 OF MEDUTION AND CONCIUATION. 
 
 United States Board op Mediation and Conciliation, 
 
 Washingifm, December 8, 1917. 
 
 The President: The act creating the United States Board of 
 Mediation and Conciliation, approved July 15, 1913, commonly 
 known as the Newlands law, does not require the board to make 
 annually or otherwise an official report, but from time to time the 
 Board has kept you informed of the progress of its work. But in 
 view of the extreme gravity of the railroad situation, and because the 
 relations between the railroads and their employees are a prime factor 
 of that situation, it is thought proper to acquaint you more in detail 
 at this time with the work of the board imder this law and the results 
 accomplished by its administration. 
 
 The tabular statement appended shows, among other things, the 
 number and nature of the controversies with which the board has 
 been concerned, the names of the railroads involved, the occupations 
 and approximate number of employees affected, the organizations 
 by which they were represented, and the manner and method of 
 adjustment in each case. 
 
 From this statement it appears that in the four years ending 
 June 30, 1917, there were 71 controversies in which the services of 
 the board were employed. Of these, 52 were completely settled by 
 mediation, 6 partly by mediation and partly by arbitration, 8 whoUy 
 by arbitration, 3 by the parties themselves, 1 by congressional action, 
 and 1 remains unsettled. 
 
 Since Jime 30, 1917, there have been 13 cases of like character, of 
 which 5 have been fully settled in mediation, 1 by mediation and 
 arbitration, 3 are imder arbitration at this time, and 4 are in various 
 stages of mediation. 
 
 Each of these disputes was sufficiently serious to threaten the in- 
 terruption of service on the road or roads involved, and some of 
 them endangered all railroad operations throughout large sections of 
 the coimtry. In one or another of these controversies practically 
 every railroad of importance in the United States was concerned, as 
 weU as the connecting Canadian lines, while the matters in question 
 affected substantially all employees engaged in the movement of 
 
 trains. 
 
 3 
 
4 REPOET BOAED OF MEDIATION AND CONCILIATION. 
 
 Since this law was passed, nearly four and a half years ago, the 
 disputes which caused any cessation of train movement have been 
 less than half a dozen, aU of which were of limited extent and brief 
 duration. They all broke out suddenly, before the board was aware 
 that they were impending, and in each case a settlement was quickly 
 ■effected. In no instance has a strike followed the intervention of 
 the board, some plan of adjustment having always been agreed to 
 by the contending parties. When account is taken of the numerous 
 and distressful strikes that have occurred in the industrial field and 
 on street railroads, it is a noteworthy fact that the interruption of 
 interstate railway service, caused by labor disputes, has been almost 
 negligible during the entire period mentioned. 
 
 It wiU be observed that in the great majority of cases settle- 
 ments have been brought about by mediation, and such settlements 
 are much more satisfactory to the parties than any form of arbitra- 
 tion. And the reason for this is that a settlement in mediation is a 
 voluntary settlement by the parties themselves, brought about by 
 the aid of the board. There is no decision against either party, and 
 neither of them suffers defeat. The indispensable service in which 
 they are engaged goes on under conditions to which both parties have 
 agreed, and this largely insures those harmonious relations between 
 employer and employee which are so essential to working efficiency. 
 The present law may not be adequate for dealing with contro- 
 versies of nation-wide extent, or even those which affect large sections 
 of the country under abnormal conditions, but it seems to be the 
 best plan yet devised for bringing to a peaceful settlement the dis- 
 putes which most frequently occur, and which otherwise would be 
 likely to result in serious consequences to the public. 
 Respectfully submitted. 
 
 Maktin a. Knapp. 
 
 Wm. L. Chambers. 
 
 G. W. W. Hanger. 
 
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[Public — No. 6.] 
 
 IS. 2517.) 
 
 An Act Providing for mediation, concUIatlon, and arbitration In controversies between 
 certain employers and their employees. w^uumioira uei^weeo 
 
 Be it enacted by the Senate and House of Representatives of the United States of America 
 in Congress Assembled, That the provisions of this act shall apply to any common 
 carrier or carriers and their officers, agents, and employees, except masters of vessels 
 and seamen, as defined in section forty-six hundred and twelve. Revised Statutes of 
 the United States, engaged in the transportation of passengers or property wholly by 
 raihoad, or partly by railroad and partly by water, for a continuous carnage or ship- 
 ment from one State or Territory of the United States or the District of Columbia to any 
 other State or Territory of the United States or the District of Columbia, or from any 
 place in the United States to an adjacent foreign country, or from any place in the 
 United States through a foreign country to any other place in the United States. 
 
 The term "railroad " as used in this act shall include all bridges and ferries used or 
 operated in connection with any railroad, and also all the road in use by any corpora- 
 tion operating a railroad, whether owned or operated under a contract, agreement, or 
 lease; and the term "transportation" shall include all instrumentalities of shipment 
 or carriage. 
 
 The term "employees " as used in this act shall include all persons actually engaged 
 io any capacity in train operation or train service of any description, and notwith- 
 standing tJiat the cars upon or in which they are employed may be held and operated 
 by the carrier under lease or other contract: Provided, however, That this act shall not 
 be held to apply to employees of street railroads and shall apply only to employees 
 engaged in railroad train service. In every such case the carrier shall be responsible 
 for the acts and defaults of such employees in the same manner and to the same extent 
 as if said cars were owned by it and said employees directly employed by it, and any 
 provisions to the contrary of any such lease or other contract shall be binding only as 
 between the parties thereto and shall not affect the obligations of said carrier either to 
 the public or to the private parties concerned. 
 
 A common carrier subject to the provisions of this act is hereinafter referred to as an 
 " employer, " and the employees of one or more of such carriers are hereinafter referred 
 to as "employees." 
 
 Sec. 2. Tlmt whenever a controversy concerning wages, hours of labor, or conditions 
 of employment shall arise between an employer or employers and employees subject 
 to this act interrupting or threatening to interrupt the business of said employer or 
 employers to the serious detriment of the public interest, either party to such contro- 
 versy may apply to the Board of Mediation and Conciliation created by this act and 
 invoke its services for the purpose of bringing about an amicable adjustment of the 
 controversy; and upon the request of either party the said board shall with all prac- 
 ticable expedition put itself in communication with the parties to such controversy and 
 shall use its best efforts, by mediation and conciliation, to bring them to an agreement; 
 and if such efforts to bring about an amicable adjustment through mediation and con- 
 ciliation shall be unsuccessful, the said board shall at once endeavor to induce the 
 parties to submit their controversy to arbitration in accordance with the provisions 
 of this act. 
 
 In any case in which an interruption of traffic is imminent and fraught with serious 
 detriment to the public interest, the Board of Mediation and Conciliation may, if in 
 its judgment such action seem desirable, proffer its services to the respective parties 
 to me controversy. 
 
 In any case in which a controversy arises over the meaning or the application of 
 any agreement reached through mediation under the provialons of this act either 
 party to the said agreement may apply to the Board of Mediation and Conciliation 
 for an expression of opinion from such board as to the meaning or application of such 
 agreement and the said board shall upon receipt of such request give its opinion as 
 soon as may be practicable. 
 
 Sec. 3. That whenever a controversy shall arise between an employer or employera 
 and employees subject to this act, which can not be settled through mediation and 
 conciliation in the manner provided in the preceding section, such controversy may 
 be submitted to the arbitration of a board of six, or, if the parties to the controversy 
 prefer so to stipulate, to a board of three persons, which board shall be chosen in the 
 following manner: In the case of a board of three, the employer or employers and the 
 
 27 
 
28 KEPOBT BOARD OF MEDIATION AND CONCILIATION. 
 
 employees, parties respectively to the agreement to arbitrate, shall each name one i 
 arbitrator; and the two abitrators thus chosen shall select the third arbitrator; but in 
 the eve at of their failure to name the third arbitrator within five days after their - 
 first meeting, such third arbitrator shall be named by the Board of Mediation and 
 Conciliation. In the case of a board of six, the employer or employers and the employ, 
 ees, parties respectively to the agreement to arbitrate, shall each name two arbitrators, 
 and the four arbitrators thus chosen shall, by a majority vote, select the remaining two 
 arbitrators; but in the event of their failure to name the two arbitrators within fifteen 
 days after their first meeting the said two arbitrators, or as many of them as have not 
 been named, shall be named by the Board of Mediation and Conciliation. 
 
 In the event that the employees engaged in any given controversy are not members 
 of a labor organization, such employees may select a committee wUch shall have the 
 right to name the arbitrator, or the arbitrators, who are to be named by the employees ' 
 as provided above in this section. 
 
 Sec. 4. That the agreement to arbitrate — 
 
 Plrst. Shall be in writing; 
 
 Second. Shall stipulate that the arbitration is had under the provisions of this act; 
 
 Third. Shall state whether the board of arbitration is to consist of three or six mem- 
 bets; 
 
 Fourth. Shall be signed by duly accredited representatives of the employer or 
 employers and of the employees; 
 
 Fifth. Shall state specifically the questions to be submitted to the said board for 
 decision; 
 
 Sixth. Shall stipulate that a majority of said board shall be competent to make & 
 vaUd and binding award; 
 
 Seventh. Shall fix a period from the date of the appointment of the arbitrator or 
 arbitrators necessary to complete the board, as provided for in the agreement, within 
 which the said board shall commence its hearings; 
 
 Eighth. Shall fix a period from the beginning of the hearings within which the 
 said board shall make and file its award: Provided, That this period shall be thirty 
 days unless a different period be agreed to; 
 
 Ninth. Shall provide for the date from which the award shall become effective and 
 shall fix the period during which the said award shall continue in force; 
 
 Tenth. Shall provide that the respective parties to the award will each faithfully 
 execute the same; 
 
 Eleventh. Shall provide that the award and the papers and proceedings, including 
 the testimony relating thereto, certified under the hands of the arbitrators, and which 
 shall have the force and effect of a bill of exceptions, shall be filed in the clerk's office - 
 of the district court of the United States for the district wherein the controversy ariaes 
 or the arbitration is entered into, and shall be final and conclusive upon the parties 
 to the agreement unless set aside for error of law apparent on the record; 
 
 Twelfth. May also provide that any difference arising as to the meaning or the 
 application of the provisions of an award made by a board of arbitration shall be 
 referred back to the same board or to a subcommittee of such board for a ruling, which 
 ruling shall have the same force and effect as the original award; and if any member 
 of the original board is unable or unwilling to serve another arbitrator shall be named 
 in the same manner as such original member was named. _ _ ; 
 
 Sec. 5. That for the purposes of this act the arbitrators herein provided for, or either 
 of them, shall have power to administer oaths and affirmations, sign subpoenas, require 
 the attendance and testimony of witnesses, and the production of such Dooks, papers, 
 contracts, agreements, and documents material to a just determination of the matters 
 under investigation as may be ordered by the court; and may invoke the aid of the 
 United States courts to compel witnesses to attend and testify and to produce such 
 books, papers, contracts, agreements, and documents to the same extent and under 
 the same conditions and penalties as is provided for in the act to regulate commerce, 
 approved February fourth, eitheen hundred and eighty-seven, and the amendments 
 thereto. 
 
 Sec. 6. That every agreement of arbitration under this act shall be acknowledged 
 by the parties thereto before a notary public or a clerk of the district or the circuit 
 court of appeals of the United States, or before a member of the board of mediation 
 and conciliation, the members of which are hereby authorized to take such acknowl- 
 edgments; and when so acknowledged shall be delivered to a member of said board 
 or transmitted to said board to be filed in its office. 
 
 When such agreement of arbitration has been filed with the said board, or one oi 
 Its members, and when the said board, or a member thereof, has been furnished the 
 names of ttie arbitrators chosen by the respective parties to the controversy, the board, 
 or a member thereof, shall cause a notice in writing to be served upon the said arbi- 
 trators, notifying them of their appointment, requesting them to meet promptly to 
 
 I 
 
REPOKT BOABD OF MEDIATION AND CONCILIATION. 29 
 
 When the arbitratora selected by the respective parties have agreed upon the re- 
 maining arbitrator or arbitrators, they shall notify tie board of mediation and con- 
 ciliation; and m the event of their failure to agree upon any or upon all of the necessary 
 arbitrators within the period fixed by this act they shall, at the expiration of such 
 period, notify the board of medition and conciliation of the arbitrators selected if 
 any, or of their failure to make or to complete such selection. ' 
 
 If the parties to an arbitration desire the reconvening of a board to pass upon any 
 controversy arising over the meaning or application of an award, they shall jointly 
 BO notify the board of mediation and conciliation, and shall state in such written 
 notice the question or questions to be submitted to such reconvened board. The 
 board of mediation and conciliation shall thereupon promptly communicate with the 
 members of the board of arbitration or a subcommittee of such board appointed for 
 such purpose pursuant to the provisions of the agreement of arbitration, and arrange 
 for the reconvening oi said board or subcommittee, and shall notify the respective 
 parties to the controversy of the time and place at which the board will meet for 
 hearings upon the matters in controversy to be submitted to it. 
 
 Sec. 7. That the board of arbitration shall organize and select its own chairman and 
 make all necessary rules for conducting its hearings; but in its award or awards the said 
 board shall confine itself to findings or recommendations as to the questions specifically 
 submitted to it or matters directly bearing thereon. All testimony before said board 
 shall be given under oath or affirmation, and any member of the board of arbitration 
 shall have the power to administer oaths or affirmations. It may employ such assist- 
 ants as may be necessary in carrying on its work. It shall, whenever practicable, be 
 supplied with suitable quarters in any Federal building located at its place of meeting 
 or at any place where the board may adjourn for its deliberations. The board of 
 arbitration shall furnish a certified copy of its awards to the respective parties to the 
 controversy, and shall transmit the original, together with the papers and proceedings 
 and a transcript of the testimony taken at the hearings, certified under the hands of the 
 arbitrators, to the clerk of the district court of the United States for the district wherein 
 the controversy arose or the arbitration is entered into, to be filed in said clerk's office 
 as provided in paragraph eleven of section four of this act. And said board shall also 
 furnish a certified copy of its award, and the papers and proceeding, including the 
 testimony relating thereto, to the board of mediation and conciliation, to be filed in 
 its office. 
 
 The United States Commerce Court, the Interstate Commerce Commission, and the 
 Bureau of Labor Statistics are hereby authorized to turn over to the board of media- 
 tion and conciliation upon its request any papers and documents heretofore filed 
 with them and bearing upon mediation or arbitration proceedings held under the 
 proyisions of the act approved June first, eighteen hundred and ninety-eight, pro- 
 viding for mediation ana arbitration. 
 
 Sec. 8. That the award, being filed in the clerk's office of a district court of the 
 Umted States as hereinbefore provided, shall go into practical operation, and judg- 
 ment shall foe entered thereon accordingly at the expiration of ten days from such 
 fihng, unless within such ten days either party shall file exceptions thereto for matter 
 of law apparent upon the record, in which case said award shall go into practical 
 operation, and judgment be entered accordingly, when such exceptions shaU have 
 been finally disposed of either by said district court or on appeal therefrom. 
 
 At the expiration of ten days from the decision of the district court upon exceptions 
 taken to said award as aforesaid judgment shall be entered in accordance with said 
 decision, unless during said ten days either party shall appeal therefrom to the circuit 
 court of appeals. In such case only such portion of the record shall be transmitted 
 to the appellate court as is necessary to the proper understandingand consideration 
 of the questions of law presented by said exceptions and to be decided. 
 
 The determination of said circuit court of appeals upon said questions shall be final, 
 and, being certified by the clerk thereof to said district court, judgment pursuant 
 thereto shall thereupon be entered by said district court. 
 
 If exceptions to an award are finally sustained, judgment shall be entered setting 
 aside the award in whole or in part; but in such case the parties may agree upon a 
 judgment to be entered disposing of the subject matter of the controversy, which 
 judgment when entered shall have the same force and effect as judgment entered 
 upon an award. 
 
 Nothing in this act contained shall be construed to require an employee to render 
 peiBonal service without his consent, and no injunction or other legal process shall be 
 wsued which shall compel the performance by any employee against his will of a con- 
 tract for personal labor or service. 
 
30 REPORT BOARD OF MEDIATION AND CONCILIATION. 
 
 Sbc. 9. That whenever receivers appointed by a Federal court are in the poBsession 
 and control of the business of employees covered by this act the employees of such 
 employers shall have the right to be heard through their representatives in such court 
 upon all questions affecting the terms and conditions of their employment; and no 
 reduction of wages shall be made by such receivers without the authority of the court 
 therefor, after notice to such employees, said notice to be givennot less than twenty 
 days before the hearing upon the receivers' petition or application, and to be posted 
 upon all customary bulletin boards along or upon the railway or in the customary 
 places on the premises of other employers covered by this act. 
 
 Sec. 10. That each member of the board of arbitration created under the provisions 
 of this act shall receive such compensation as may be fixed by the Board of Mediation 
 and Conciliation, together with his traveling and other necessary expenses. The sum 
 of $25,000, or so much thereof as may be necessary, is hereby appropriated, to be 
 immediately available and to continue available until the close of the fiscal year 
 ending June thirtieth, nineteen hundred and foiu-teen, for the necessary and proper 
 expenses incurred in connection with any arbitration or with the carrying on of the 
 work of mediation and conciliation, including per diem, traveling, and lother neces- 
 sary expenses of members or employees of bos^ds of arbitiation and rent in the Dis- 
 trict of Columbia, furniture, office fixtures and supplies, books, salaries, traveling 
 expenses, and other necessary expenses of members or emplojrees of the Board of 
 Mediation and Conciliation, to be approved by the chairman of said board and audited 
 by the proper accoimting officers of the Treasury. 
 
 Sec. 11. There shall be a Commissioner of Mediation and Conciliation, who shall 
 be appointed by the President, by and with the advice and consent of the Senate, 
 and whose salary shall be $7,500 per annum, who shall hold his office for a term of 
 seven years and until a successor qualifies, and who shall be removable by the Presi- 
 dent only for misconduct in office. The President shall also designate not more than 
 two other officials of the Government who have been appointed by and with the 
 advice and consent of the Senate, and the officials thus designated, together with the 
 Commissioner of Mediation and Conciliation, shall constitute a board to be known as 
 the United States Board of Mediation and Conciliation. 
 
 There shall also be an Assistant Commissioner of Mediation and Conciliation, who 
 shall be appointed by the President, by and with the advice and consent of the 
 Senate, and whose salary shall be $5,000 per annum. In the absence of the Commis- 
 sioner of Mediation and Conciliation, or when that office shall become vacant, the 
 assistant commissioner shall exercise the functions and perform the duties of that 
 office. Under the direction of the Commissioner of Mediation and Conciliation, the 
 assistant commissioner shall assist in the work of mediation and conciliation and when 
 acting alone in any case he shall have the right to take acknowledgments, receive 
 agreements of arbitration, and cause the notices in writing to be served upon the 
 arbitrators chosen by the respective parties to the controversy, as provided for in 
 section five of this act. 
 
 The act of June fiist, eighteen hundred and ninety-eightj relating to the mediation 
 and arbitration of controversies between railway companies and certain classes of 
 their employees is hereby repealed: Provided, That any agreement of arbitration 
 which, at the time of the passage of this act, shall have been executed in accordance 
 with the provisions of said act of June first, eighteen hundred and ninety-eightj shall 
 be governed by the provisions of said act of June first, eighteen hundred and mnetjr- 
 eight, and the proceedings' thereunder shall be conducted in accordance with the provi- 
 sions of said act. 
 
 Approved, July 15, 1913. 
 

 Date Due 
 
 
 f> rniiiamn-MMMir 
 
 
 
 *■■ - 
 
 '," ' ' 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ^ 
 
 PRINTED 
 
 IN U. S. A. 
 
 
 Cornell University Library 
 HD 5503.A35 1917 
 
 Report of the United States Board of med 
 
 3 1924 002 406 605 
 
,,«'«■'.•' 
 
 ^^0 s 
 
 p-frvfii;