55'03 'il !^ H -^ ^w''' J^v ^%. -/:. f' i-^' /// I ■r' ^■ f Arbitration Proceedings AND THE Findings and Award of Frank Morrison, Arbitrator In re Typographical Union No. 6 versus The Publishers' Association New York City 1919 AGREED STATEMENT OF FACTS The following Scale of Prices, to take effect on April 1, 1919, and to expire March 31, 1920, for members of Typographical Union No. 6 em- ployed in the composing rooms on newspapers, was submitted to the Publishers' Association of New York City. The only changes requested by the Union from the present newspaper scale, which expired on March 31, 1919, are printed in black faced type; and the matter to be omit- ted is within black faced brackets. SCALE OF PRICES NEWSPAPER SCALE 1. Under this heading is included all work coming under the jurisdiction of Typographical Union No. 6 for publications of any description classified as dailies; all work done by members of the union in a composing room that is oper- ated and maintained by an individual, firm or corporation for the production of its own daily publication or publications: Provided, All work of this description must be classed the same in all composing rooms, and must be germane to the daily publication or publications, and be owned and controlled by the same individual, firm or corporation that owns and controls the composing room. Members of the Union employed on daily publications transferred on week-days to work coming under the "Scale of Prices for Book and Job Work" shall be paid the scale of wages called for by the "Scale of Prices for Newspa- pers"; members of the Union employed on daily publications transferred on Sundays or legal holi- days to work coming under the "Scale of Prices for Book and Job Work" shall be paid the scale of wages called for by the "Scale of Prices for Book and Job Work"; in no case shall a member of the Union employed on daily publications, transferred to book and job work, be required to work different hours than are called for by the "Scale of Prices for Newspapers," unless he be paid scale on overtime for the highest price work performed. 2. Offices where all body type is set on ma- chine shall be known as machine offices. 3. In machine composition all work must be time work. Piece work cannot be allowed in any case. 4. All members of the Union employed on morning newspapers, except as hereinafter pro- vided for, shall receive not less than £$37. SO] $46.50 per week. Eight continuous hours (in- cluding thirty minutes for lunch) shall consti- tute a night's work, the hours to be between 6 P. M. and 3 A. M. 5. Men employed at day work for morning newspapers shall receive day rates (subject to third shift provisions). Men employed at night work for evening newspapers shall receive night rates (subject to third shift provisions). 6. All members of the Union employed on evening newspapers, except as hereinafter pro- vided for, shall receive not less than [$34. SOI $43.50 per week. Eight continuous hours (in- cluding thirty minutes for lunch) shall constitute a day's work, the hours to be between 8 A. M. and 6 P. M. When called to work at or before S A. M., $2 extra shall be charged in addition to the overtime; and when called to work at or before 7:30 A. M., $1 extra shall be charged in addition to the overtime. On evening newspapers pub- lishing six days Sunday work shall be double price. /The following paragraphs represent the coi*- ditions as to hours, wages and working condi- tions desired by the Publishers' Association of New York City, to take effect April 1, 1919, and continue to March 31, 1920. SCALE OF PRICES NEWSPAPER SCALE 1. Agreed. 2. Agreed. 3. Agreed. 4. All members of the Union employed on morning newspapers, except as hereinafter pro- vided for, shall receive not less than $37.50 per week. Eight continuous hours shall constitute a night's work, the hours to be between 6 P. M. and 6 A. M. S. Agreed, 6. All members of the Union employed on evening newspapers, except as hereinafter pro- vided for, shall receive not less than $34.50 per week. Eight continuous hours shall constitute a day's work, the hours to be between 6 A. M. and 6 P. M. PROrOSITION OF TVrO. UNION NO. 6 7. Members of the Union employed on even- ing newspapers publishing Sunday editions, ex- cept as hereinafter provided for, shall receive not less than ($5,751 $7.24 per day. Eight con- tinuous hours uncluding thirty minutes for lunch) shall constitute a d.iy's work, the hours to be between 8 A. M. and 6 P. M. The rate for Saturday night shall not be less than [$6.25] $7.73 per night of seven continuous hours (in- cluding thirty minutes for lunch), the hours to be between 6 P. M. and 3. A. M. All members tvarking SaturJav and Saturday nioht shall re- ceive [$1.25] $1.81 extra. Overtime Saturday night shall be not less than [$1.39] $1.81 per hour. Extras to receive 50 cents per day or night in addition to the abo-'e scale. (This docs not apply to extras ivorking a double header.) M'hen holidays occur on Saturdays and the paper is not published, the rate for Saturday night shall be [$7.50] $9.00. When called to work on Sundays between 8 A. M. and 6 P. M., shall be paid double price; but in no case shall a mem- ber receive less than a day's pay. When called at or before 5 A. M. $2 extra shall be charged in addition to the overtime, and when called at or before 7: 30 A. M., $1 extra shall be charged in addition to the overtime. 8. Members of the Union employed on even- ing newspapers publishing Sunday evening edi- tions shall receive not less than [$5,751 $7.25 per day. Eight continuous hours (including thirty minutes for lunch) shall constitute a day's work, the hours to be between 8 A. M. and 6 P. M. The rate for Sunday shall not be less than [$7.50] $9.00 per day of seven continuous hours (including thirty minutes for lunch), the hours to be between 8 A. M. and 6 P. M. Extras to receive 50 cents per day in addition to the above scale. When called at or before 5 A. M. $2 extra shall be charged in addition to the overtime, and when called at or before 7: 30 A. M., $1 extra shall be charged in addition to the overtime. Overtime on Sunday shall be paid for at the rate of [$1.39] $1.81 per hour. 9. The scale for a "third shift" shall be [$40.50] $49.50 per week. Seven and a half continuous hours (including thirty minutes for lunch) shall constitute a day's work, the hours to be between 2 A. M. and 10 A. M. 10. Newspaper offices using a third force are privileged to put on one make-up between the hours of 6 A. M. and 2 P. M. for the same hours and wages as other members of the third shift. 11. Overtime, which shall apply to work done before as well as after the hours specified, shall be charged at the rate of [price and one-half] double price based on the regular scale for the specified hours for time worked, unless other- wise provided for. Overtime shall be computed in five-minute periods, unless otherwise arranged between the office and the chapel. Rotation in overtime to be at the discretion of the office. 12. No member working in a chapel is exempt from taking his overtime off, except the foreman of each shift. 13. Six days at day work or six days at night work shall constitute a situation, and no situation of a less number of days shall be al- lowed. 14. Extras may be put on in machine offices either day or night and may be put on at oiie hiiing for not to exceed three days or .nights in any one week, but the same extra may not be so employed in two coiisecutive weeks if others are available. When in accordance with the above an extra is hired for more than one day or night he must, if he fails to work for the period for which he is engaged, supply a sub- stitute. In hiring extras the publishers shall select such extras from the priority list (not necessarily in order of priority), if extras from such list are available. Extras shall receive for each day or night 50 cents in addition to the regular scale. 15. In no case shall less than a day's pay be accepted by any member of the Union. 16. In machine offices no stints or slides shall be allowed. PROPOSITION OF THE PUBLISHERS 7. Members of the Union employed on eve- ning newspapers publishing Sunday editions, ex- cept as hereinafter provided for shall receive not less than $5.75 per day. Eight continuous hours shall constitute a day's work, the hours to be between 6 A. M. and 6 P. M. The rate for Saturday night shall not be less than $6.25 per night of seven continuous hours, the hours to be between 6 P. M. and 3 A. M. All members working Saturday and Saturday night shall re- ceive $1.25 extra. Overtime Saturday night shall be not less than $1.39 per hour. Extras to re- ceive SO cents per day or night in addition to the above scale. (This does not apply to extras working a double header.) When holidays occur on Saturdays and the paper is not published, the rate for Saturday night shall be $7.50. When called to work on Sundays between 6 A. M. and 6 P. M. shall be paid double price; but in no case shall a member receive less than a day's pay. 8. Members of the Union employed on eve- ning newspapers publishing Sunday evening edi- tions shall receive not less than $5.75 per day. Eight continuous hours shall constitute a day's work, the hours to be between 6 A. M. and 6 P. M. The rate for Sunday shall not be less than $7.50 per day of seven continuous hours, the hours to be between 6 A. M. and 6 P. M. Extras to receive 50 cents per day in addition to the above scale. 9. Deleted. 10. Deleted. 11. Overtime, which shall apply to work done before as well as after the hours specified, shall be charged at the rate of price and one-half, based on the regular scale for the specified hours for the time worked, unless otherwise pro- vided for. Overtime shall be computed in five- minute periods, unless otherwise arranged between the office and the chapel. Rotation in overtime to be at the discretion of the office. 12. Agreed. 13. Agreed. 14. Extras may be put on in machine offices either day or night, and may be put on at one hiring for not to exceed three days or nights in any one week. When in accordance with the above an extra is hired for more than one day or night, he must, if he fails to work for the period for which he is engaged, supply a substitute. In hiring extras the Publishers shall select such extras from the priority list (not necessarily in order of priority) if extras from such list are available. Extras shall receive for each day or night SO cents in addition to the regular scale. 15. Agreed. 16. Agreed. PROPOSITION OF TYPO. UNION NO. 6 17. No "sub" shall be allowed to fill a situation and work as extra on morning or evening newspapers on the same day. 18. On all matter set for daily newspapers proofs shall be read and copy held by a mem- ber of the Union. 19. No member of the Union shall be held financially responsible for errors occurring in an advertisement, nor shall any member of the Union be held responsible for errors appearing in railroaded matter. 20. In reducing force foreman cannot lay off regular employees until the end of the fiscal week. 21. All compositors employed in offices where machines are introduced must have the exclusive privilege of learning and becoming familiar^ with their operation. No obstruction or restriction whatever by members shall be placed upon or stand in the way of learners other than that they are not practical printers. 22. When an office introduces machines it shall take compositors from those already mem- bers of the chapel and instruct them. 23. The officers of the Union are empowered to enter into a contract for at least one year with offices adopting the all-time scale. 24. All Union machine offices are prohibited from supplying machine composition to non- union offices. 25. The practice of a foreman selecting or designating a substitute is in direct contradic- tion to the regulations of Typographical Union No. 6 and I. T. U. law. The regular shall be the person to select his own substitute, and shall in no way be responsible for the work per- formed by the same, but no foreman shall be compelled to accept a substitute who is incompe- tent or otherwise incapacitated, and if the regu- lar's selection should fail to appear on time or should be incapacitated, the foreman shall direct the chairman to select or designate another sub- stitute. A substitute selected according to the foregoing provisions shall receive a regular day's pay, otherwise 50 cents additional as an extra. 26. The practice of interchanging, exchang- ing, borrowing, lending or buying of matter Ereviously used either in form of type or matrices etween newspapers or job offices not owned by the same individual, firm or corporation, and publishL'd in the same establishment, is unlawful and shall not be allowed. Provided, that the reproduction of the original of such type, matrices or plates in type within four days of publication shall be deemed a compliance with this law. 27. All type matter in local advertising, when matrices or plates are furnished the office in- stead of copy, shall be reproduced within four working days of publication. It shall not be necessary to reproduce type matter in out-of- town advertisements whether transient or con- tract or in the advertising of out-of-town ad- vertisers who sell their product through their own branch stores or agencies in this or other cities. 28. On advertisements or other matter set for daily newspapers in job offices the difference between the job and. newspaper scale must be paid. 29. Advertisements reproduced in photo-en- graving room must be reset by compositors, ex- cept in instances where it is impossible to set said advertisements completely in the composing room. 30. No departments shall be recognized, ex- cept by agreement between the office and the chapel. 31. The office is entitled to all "pick-ups" of any character whatsoever. Matter once paid for shall always remain the property of the office. "Kill" marks shall not deprive the office of "pick-ups." PROPOSITION OF THE PUBLISHERS 17. Agreed. 18. Agreed. 19. Agreed. 20. Agreed. 21. Agreed. 22. Agreed. 23. Agreed. 24. Agreed. 25. Agreed. 26. Agreed. 27. Agreed. 28. Agreed. 29. Agreed. 30. Agreed. 31. Agreed. 480510 PROPOSITION OF TYPO. UNION No. 6 32. On morning and evening newspapers twelve hours must intervene between the time of quitting and starting work, but no member of the Union shall be allowed to work more than twelve hours in any twenty-four. This shall not ipply on Saturdays or election day to evening newspapers publishing Sunday editions or to un- usual emergencies. Substitutes accepting work on the third shift shall not be subject to the twelve-hour limit, providing they do not work two consecutive shifts. 33. Offices publishing morning and evening papers have the right to use advertisements and reading matter set up for the morning paper in the evening paper, and \-ice versa, or in both. 34. Chapels may provide for the time to go to lunch, but the foreman cannot keep an employee more than four hours before allowing lunch, except in cases of emergency. A second lunch time shall be allowed when more than one hour overtime is required. 35. Foremen of printing offices have the right to employ help, and may discharge (1) for in- competency, (2) for neglect of duty, (3) for violation of office rules (which shall be con- spicuously posted), or of laws of the chapel or Union, and (4) to decrease the force, such de- crease to be accomplished by discharging first the person or persons last employed, either as regular employees or as extra emploj-ees, as the exigencies of the matter may require. Should there be an increase in the force the persons displaced through such cause shall be reinstated in reverse order in which they were discharged before other help may be employed. Upon de- rnand, the foreman shall give the reason for discharge in writing. Persons considered capable as substitutes by foremen shall be deemed com- petent to fill regular situations, and the substi- tute oldest in continuous service shall have prior right in the filling of the first vacancy. This section shall apply to incoming as well as out- going foremen. 36. When a member is discharged for any of the foregoing reasons, and such action of the foreman is contested by the Union on behalf of the member affected, the contention shall be referred to a conference committee of three representatives of the employers and three repre- sentatives of the Union. After considering all of the evidence in connection with the reason assigned for discharge, effort at agreement shall be made, and if a decision is reached it shall be final, and shall be so accepted by both parties to the controversy. If agreement cannot be reached the conference committee shall select a seventh member, and the decision of the com- mittee as thus made up shall be final. Should the conferees fail to agree on an odd man he shall be selected by the presiding Judge of the Appellate Division of the Supreme Court for the First or Second District. Where discharges are made for reasons other than stated in this section, and the aggrieved member appeals, the procedure shall be in accordance with the I. T. U. law in force at date of signing of agreement. 37. Regulars may be transferred by mutual consent from shift to shift whenever the exi- gencies may require it. If such transfers cannot be arranged by mutual consent then the men must be transferred according to their priority standing in the office. 38. In cases where menabers are admitted as residents of the Union Printers Home, or who enlist for active service in the regular army or navy in time of war, or enlist for active service in the army or navy of any country that may be allied with the United States in a war for a common cause, or members of the National Guard or Canadian Militia who may be ordered to war, or those who may actively engage in war work_ for the American Red Cross, Red Cross societies of the Allies, Knights of Co- lumbus, the Salvation Army, the Young Men's Christian Association or any recognized organiza- tion of a similar character, their situations may be filled by the foreman: Provided, That upon again reporting for duty the situations formerly held by these members shall be restored to them. PROPOSITION OF THE PUBLISHERS 22. Agreed. 33. Agreed. 34. Agreed. 35. Agreed. 36. Agreed. 37. Agreed. 38. Agreed. PROPOSITION OF TYPO. UNION No. 6 39. Any member of the International Typo- graphical Union employed in an official capacity by his local union or by the International Typo- graphical Union, or any member incapacitated by illness, shall not lose his priority in the office in which he is employed: Provided, That at the end of three months the situation may be filled by the foreman, but upon again reporting for duty the situations formerly held by these members shall be restored to them. SCALE, RULES, ETC. Governing Machine-Tenders in Newspaper Offices 40. The scale for machine-tenders shall be: From 1 to 4 machines [$29.50] $38.50 From 5 to 8 machines [$30.50] $39.50 From 9 to 12 machines [$33.50] $43.50 For 13 or more machines [$35.50] $44.50 Machine-tenders working at_ night shall re- ceive $5.00 per week in addition to the above day scale. 41. A machine-tender shall have charge of all repairs on type-setting machines in plants of four machines or more. No printer member shall be allowed to act as machinist on any plant of more than three machines. 42. The regular working time of a machine- tender shall be six days or nights per week of as many hours each as are the regular hours of the operators in the office employed in operat- ing the machines. 43. All time worked over and above these hours shall be considered as overtime, and shall be charged at the rate of [price and one-half] double price every hour so employed, based on the regular machine-tenders' scale for the speci- fied hours, computed in five-minute periods, unless otherwise arranged between the office and the chapel. 44. No machine-tender holding a regular sit- uation in an office will be permitted to attend to the repairs on machines in any office other than the situation in which he is employed, ex- cept in case of emergency, all such cases to be reported to the president of the branch as soon as possible. 45. Assistants to machine-tenders shall be classed as helpers. 46. All offices of four machines or more shall be entitled to employ one helper to each ma- chine-tender employed; who shall not handle tools, make repairs or adjustments. 47. All registered apprentices at the time of signing scale, in the last year of their apprentice- ship shall receive two-thirds of the journey- men's scale. No further machine apprentices shall be allowed. 48. Machine^tenders, machine-tenders' help- ers or apprentices shall not be allowed to be in charge of the operation of machines casting slugs or type that take ink in printing. PROPOSITION OF THE PUBLISHERS 39. Agreed. 40. The scale for machine-tenders shall be; From; 1 to 4 machines $29.50 From 5 to 8 machines 30.50 From 9 to 12 machines 33.50 For 13 or more machines 35.50 Machine-tenders working at night shall receive $5 per week in addition to the above day scale. 41. Agreed.' 42. Agreed. 43. All time worked over and above these hours shall be considered as overtime and shall be charged at the rate of price and one-half every hour so employed, based on the regular machine-tenders' scale for the specified hours, computed in five-minute periods, unless other- wise arranged between the office and the chapel. 44. Agreed. 45. Agreed. 46. Agreed. 47. Agreed. 48. Agreed . PROPOSITION TO TYPO. UNION No. 6 APPRENTICES In newspaper offices, declared as .such by the Union, apprentices may be employed in the ratio of one to everv fifteen men or a majority frac- tion thereof, but not more than six shall be per- mitted in any office. In the first year an apprentice may be re- quired to perform general work in the compos- ing room at the discretion of the foreman. In the second year an apprentice shall be em- ployed at least fifty per cent, of his time at hand composition and distribution. In the third year an apprentice shall be em- ployed at least seventy-five per cent, of his time at hand composition and distribution, and shall receive one-half of the regular scale. In the fourth year an apprentice shall be em- ployed at least seven hours each day at hand composition and distribution, and shall receive one-half of the regular scale. In the fifth year an apprentice shall be em- ployed at least seven hours each day at hand composition and distribution, and in machine offices may practice on the machine, and shall receive two-thirds of the regular scale. Apprentices shall be registered on the books of the Union and shall at all times be under the supervision of the chairman. All registered apprentices shall be between the ages of sixteen and twenty-one. Apprentices shall be prohibited from working overtime or more than six days in any one week. On the completion of the term of service of an apprentice and his admission into the Union he shall be placed at the bottom of the priority list in the office in which he is working. Office boys (not apprentices) will be allowed to work proof presses, carry proofs and copy, and type on galleys, but shall not be allowed to handle type, proofs, copy or any printing ma- terial in any other manner whatever. PROPOSITION OF THE PUBLISHERS APPRENTICES Agreed to in all its provisions. ARGUMENT Before Mr. FRANK MORRISON, Arbitrator Met pursuant to agreement at the office of the Boston Globe, World Building, at 10 A. M. Appearances — For the Publishers' Association of the City of New York: Mr. Victor H. Polachek; Mr. Don C. Seitz; Mr. Hugh A. O'Donnell; Mr. Ervin Wardman; Mr. Louis Wiley; Mr. Herbert Gunnison; Mr. Edward P. Call. For New York Typographical Union No. 6: Mr. Leon H. Rouse; Mr. S. Oppenheimer; Mr. Chas. Marquart; Mr. James W. Keller; Mr. John S. O'Connell; Mr. Theodore F. Douglas; Mr. Louis Fischer. Mr. Morrison — Is it understood that this award will be retroactive, as of April 1st, 1919? (Agreed to by all parties.) Mr. Warcman — You might as well add that it will be for one year. Mr. Rouse — That the term of the contract will be for one year to expire on the 31st day of March, 1920. (Agreed to by all parties.) Mr. Morrison — I would request the repre- sentatives of the Tyopgraphical Union to submit their statements in regard to the increase in wages and the double time. I understand those are the only two matters you submit. Mr. Rouse — There are three points at issue we have submitted. We have three contentions before the Arbitrator: one is for an increase of $9; one is for double price for overtime, and the other relates to Brooklyn, in regard to the bonus. There the men work what is called the double-header, working on Saturday and Satur- day night. It is on the question of increasing the bonus rate for putting in two days in one. I shall ask Mr. Oppenheimer to read our brief. Mr. Oppenheimer then read the brief as fol- lows: " Mr. Frank Morrison, Arbiter. " Dear Sir — On July 2, 1918, in a scale contro- versy between the Publishers' Association and Typographical Union No. 6, which was sub- mitted to arbitration before the Hon. John Mitchell as arbitrator, the Union opened its case with the following paragraph: " In presenting the case of Typographical Union No. 6 vs. The New York Newspaper Publishers' Association, we wish to empha- size the fact that our demand is solely for a financial readjustment in the scale of prices, made imperative by the fact that because of the higher and still soaring cost of abso- lutely everything that enters into the life of an individual it is impossible for us to retain any semblance of that standard of living to which we have been accustomed for many years as working men." While the paragraph was apropos at that time, it is many times more so now. With the cost of food, wearing apparel of all kinds, light, coal, ice, and all those items that enter into the life of a wage earner, as we shall prove by authori- tative testimony, still on the increase, the raise in rentals demanded by the landlords to take effect in October are of such proportions as to drive the average wage earner to despair. At the time of the presentation of the case above referred to, July 2, 1918, printers working on morning newspapers were receiving $33 per week. There is, and always has been a differ- ence of $3 per week between day and night men and the same difference between night and " lobster " shifts. New York, April 17th, 1919 That is to say, day men receive $3 per week less than night men and "lobster" shift men receive $3 per week more than night men. The greater number of men working on the news- papers work at night; a small proportion work on the " lobster " shift. For that reason, for the sake of brevity, we quote the night scale. On January 1, 1918, the Union asked for a scale increase of $6 per week. Previous to that time, AS FAR BACK AS 1912, NEWSPAPER PRINTERS HAD RECEIVED ABSOLUTELY NO INCREASE IN SCALE. After some nego'tiation newspaper printers were granted an increase of $2 from January 1, 1918, the contract being signed up for six months. At that time morning newspaper men were receiving ^33 per week, the raise of $2 placing their salaries at $35. At the expiration of this contract, July, 1918, the Union asked for an increase of $4 per week and was finally awarded $2.50 by Arbitrator Mitchell. YOU WILL THUS PERCEIVE, MR. ARBITRATOR, THAT THE SUM TOTAL OF A RAISE IN SCALE AWARDED TO NEWS- PAPER PRINTERS SINCE 1912 WAS $4.50. From 1912 to 1918 morning newspaper print- ers were receiving (the scale) $33 per week and evening newspaper printers were receiving $30. The awards of $2 in January, 1918, and $2.50 in July, 1918, brought up the respective scales to $37.50 and $34.50. We call particular attention at this time, as proved by the foregoing figures, which cannot be successfully denied, that since 1912 up to the present moment, morning newspaper printers have received an increase of less than 15 per cent., while the increase for evening newspaper men was 15 per cent., APPROXIMATELY 9 CENTS PER HOUR IN A PERIOD OF SEVEN YEARS. We shall prove by documentary evidence that during this period of 1912-1918 the cost of living has gone up 79 per cent. Indeed, members of the Union at the present time are in receipt of notices that after October 1, 1919, their rents are to be again raised, in some instances to an extent exceeding 25 per cent. We shall produce evidence to prove that the raise in scale granted to newspaper men since 1912 to the present time was ridiculously in- adequate, first because of the fact that the scale increase during that period was less than 14 and 15 per cent, respectively, as compared to an in- creased cost of living amounting to 79 i)cr cent.; and secondly, BECAUSE OF THE FACT THAT OTHER BRANCHES OF THE NEWS- TAPER TRADE IN THIS CITY HAVING CONTRACTURAL RELATIONS WITH THE PUBLISHERS' ASSOCIATION REQUIRING LESS SKILL THAN THAT OF THE PRINTER, HAVE RECEIVED FAR GREATER ADVANCES THROUGH ARBITRATION AND WAR LABOR BOARD DECISIONS. In making his award in July, 1918, Mr. Mitchell said: (see copy of proceedings, page 97, second column.) " If the arbitrator were permitted to de- cide the question of the wage scale solely upon the evidence as to the increase in the cost of living or upon the evidence showing increases paid to other classes of skilled workmen he would be justified in awarding — indeed he would be in conscience bound to award — to the members of the Union the full amount of increased wages proposed by them. There is, however, other evidence submitted to the arbitrator which he is re- <^nire. Pages 92- 93 demonstrate that "the retail price of all arti- cles of food combined for the I'nitcd States was 2 per cent, higher on December 15, 1918, than on November 15, 191 S" — a 2 per cent, rise in one month at the end of 1918. "Wages and the War (Exhibit D). A Summary of Recent Wage Movements," by Hugh S. Hanna *nd W. Jctt Lauck, page 3 and tables on pages S. 6, 7 and S, show that of all the crafts the printers were in receipt of the lowest wage in- crease. This is accounted for because "in some indus- tries, such as printing, the war made no special demands " VET THE IN'CREASED COST OF LIVING PI.AVS NO FAVORITES IN ITS DEMANDS ON THE WAGE EARNERS. Here%yith also we present (Exhibit E) clip- pings of newspapers with reference to the pres- ent high cost of living; also articles denoting that there is no immediate prospect of any re- duction in that high cost; also, if anything, that the increase promises to be still greater in the near future; also the dire disasters wrought in the ranks of the wage earner in the enormous increase in the cost of rentals now in progress and notices of still further increases for October. In this connection we herewith submit the sworn affidavit of Mr. V. Z. Boyajian, an authority on real estate conditions in New York. In re Application T Newspaper Printers for an f Increase in Wages. J State of New York, I City of New York, }-ss.: County of New York, J Vahan Z. M. Boyajian, being duly sworn, de- poses and says I am in the real estate business and my office is located in the Singer Building, No. 149 Broadway, Borough of Manhattan, New York City. I am very familiar with real estate conditions and, I am an officer of the Ararat Realty Company, a corporation which is the owner and lessee of numerous apartment houses situated in the City of New York. In ray opinion rents are going to be increased in the very near future and surely by October 1st, when new leases are made, due to the fact that the general conditions warrant said in- creases.- Labor is higher than it was, and ma- terials used in the maintenance and up-keep of the house cost more than they formerly did, and, furthermore, the economic principle of sup- ply and demand will, in my opinion, control the real estate situation and cause rents to be materially increased. Vahan Z. M. Boyajian. Sworn to before me this 24th day of March, 1919. M. Harris. (Seal) Mr. PoLACHEK — We question the right of Mr. Boyajian to qualify as an expert. Mr. Oppenheimer — We have enough evidence without his affidavit; that is only a drop in the bucket. Mr. Rouse — Answering the counsel for the Publishers, I wish to state that if he questions the right of the gentleman to qualify as an expert, surely he does not question the right of the newspapers of New York to qualify as authorities. They are giving the public informa- tion which is supposed to be truthful, and we trust that they are not in the business of giving out information that is inaccurate and untruth- ful and not for the best interests of the common weal. Mr. Polachek— The Publishers would say, in response to that, that there is a decided move- ment, as evidenced by the columns of the press in New York, to take action, as far as possible, against what we are now terming rent profiteer- ing; there is very decided action pending. Mr. Oppenheimer — The Publishers admit at the same time in their publications, as you will probably notice in some of the clippings we have here, that there is no remedy. Mr. Polachek — We admit ther? is a great deal of rent profiteering going on at the present time. Mr. Rouse — While they question the authority of the gentleman to qualify as an expert, yet they subscribe to the general statement that there is a tremendous increase in the cost of rentals, proving conclusively that the gentleman is cor- rect, whether he is an expert or not. Mr. Oppenheimer — Besides, he does not state it as forcibly as the Publishers themselves in their publications. Mr. Wardman — The point is that he is trying to rent real estate; he is not a qualified witness as an expert. Mr. Rouse — You concede that the New York Sun is then? Mr. Oppenheimer — I will proceed with the reading of our brief: (Reading) In arbitration proceedings recently between the Publishers and Paper Handlers, the former made this statement: " There is no doubt that the peak of war in- flation has passed and the cost of living is slowly but surely on the down grade." No doubt a similar statement will be offered at this time. We positively deny that the cost of living has started on the down grade, we fail to notice any concrete indication of any such thing in the near future. In fact, all the indications point in the opposite direction. This is especially true of New York, where rents, already abnormally in- flated during the war, are to be still further boosted on October 1 from 10 to, in some cases, 35 per cent. In verification of the still upward trend of the cost of living, we submit copies of the " Curve of the Food Cost of Living " in the Annalist, a recognized authority on this subject published by the New York Times. These charts prove conclusively that from March 1, 1919, to March 29, 1919, the cost of living has been rising steadily, reaching its highest point on the latter date, in fact, the highest point reached since the upward movement began (Exhibit F). " An index number is the means of show- ing fluctuations in the average price of a group of commodities. The Annalist Index Number shows the fluctuations in the aver- age wholesale prices of twenty-five food com- modities selected and arranged to represent a theoretical family food budget. The Annalist Index Number— For March 1, 1919 283.640 For March 8, 1919 287.461 For March IS, 1919 291.794 For March 22, 1919 297.961 For March 29, 1919 303.161" Mr. Rouse — I wish to call particular attention to the Annalist of New York, Monday, April 14th, published since this table was prepared. You will note that even since we have prepared this table the Index Number shows 311.804; it has advanced more than 8 points since this table was prepared. I am referring to the last issue of the Annalist. Mr. Wardman — What are those commodities that you mention? Mr. Rouse — The Index Number is the method of showing fluctuations in the average price of a group of commodities. They do not state the specific group, but this is conceded to be one of the authorities on the question. Mr. Wardman — The reason I ask is because I know in my own house our butter bills are less, our grocery bills are less, eggs are almost cut in half. I wonder what commodities they use. Mr. Rouse — What neighborhood are you living in? Mr. Wardman — New Rochelle. Mr. Oppenheimer — I want to move up into that neighborhood. Let me say, Mr. Wardman, 10 that you won't get those prices down in Wash- ington Market, where I buy my stuff. Mr. Morrison — You better put this in as an exhibit. Mr. Rouse — It is an exhibit. (Marked Exhibit F-1.) Mr. Oppenheimer — All the Government Ex- hibits we present here show continual increase in the cost of living. I will proceed with the reading of our brief: OVERTIME. As stated before, the majority of newspaper printers work at night; and it is on the night shift that most of the overtime occurs. It has always been conceded that night work was much more injurious to the workman than work in the daytime. Because of the injurious effects of night work on the workman, the National War Labor Board is granting a wage scale higher than day work in nearly all cases coming before it. ^ In the case of the Employees vs. Worthington Pump and Machinery Corporation, Cudahy, Wis- consin, Docket No. 163, signed by Matthew Hale, Umpire for the Board, Mr. Hale, in declaring that night work should receive a larger compen- sation, because it involves a greater strain in all ways upon TRe employee, cites portions of a brief prepared by Supreme Court Justice Louis D. Brahdeis in " The People of the State of New York vs. C. S. Press," in April, 1914, as follows: " The most serious physical injury wrought by night work is due to the loss of sleep it entails. This is because recuperation from fatigue and exhaustion takes place only in sleep, and takes place fully only in sleep at night. " The degree of fatigue developed was greater during the night shift than during the day « * *. " In the forefront of the effects of night work upon health stands, to our mind, the loss of night rest. Sleep at night is cer- tainly far preferable to sleep by day * * * " Workers who are employed at night are inevitably deprived of sunlight. Scientific investigation has proved that the loss of sunlight is injurious in two ways: First, it results in serious physical damage, both to human beings and to animals. Night workers whose blood was examined showed a marked decrease in the red coloring matter, resulting in a state of chronic blood impoverishment. Second, the loss of sun- light favors the growth of bacteria, such as the germs of tuberculosis. Conversely, the light destroys bacterial life. It has been called the cheapest and most universal dis- infectant. " It has also been shown that animals kept in the dark without sunlight suffer a loss of the red coloring in the blood. The same is found true of night workers who are deprived of sunlight; impoverished blood is one of the main symptoms * • •_ " Night work often results in life-long injury to the eyes. The danger of eye strains from close application to work is intensified at night by insufficient and im- proper lighting of work rooms. While it is true that the more general use of electric lighting has lessened the vitiation of the air due to gas lighting, yet it has introduced new elements of injury. The glare of excessive or unshaded lights may be as injurious to the eyes as insufficient illumina- tion. Moreover, experience has shown that injuries to the eyes affect general health disastrously. " The workers detest night work, because it is more exhausting. Day sleep is less refreshing. The number of meals necessary in the family budget is increased, extra cooking must be done, and the family order and system are disjointed » • •_ "Nightwork and late overtime hours prevent the workers from taking advantage of the educational opportunities offered by enlightened communities such as evening schools, public lectures, libraries." The Rev. Charles Stelzle, as arbitrator in the proceedings between the New York Web Press- men's Union and the Publishers' Association, October 14, 1918, in his decision had this to say regarding "overtime": " When a man works overtime he gives an equivalent in overtaxed strength and de- creased vitality for the extra amount of money that he receives. It is a question whether he does not give more than he receives." In these modern times everything makes for speed. New machinery is constantly being in- troduced in the composing rooms necessitating closer application on the part of the workman with increasing demand for speed. The newspaper printer, working constantly under a high tension, with its nerve-racking results, when called upon to put in time in addi- tion to his allotted night's work, is penalized physically and mentally to such a degree that no increase in the amount of pay for overtime would be commensurate with the services rend- ered. We believe, under the circumstances, that our demand for double price for overtime is a just one. BROOKLYN BONUS FOR SATURDAY AND SATURDAY NIGHTS. (DOUBLE-HEADER.) " All members working Saturday and Satur- day night shall receive $1.81 e.xtra." Section 32 of the Scale of Prices for News- papers specifies that " On morning and evening newspapers twelve hours must intervene between the time of quitting and starting work, but no member of the Union shall be allowed to work more than twelve hours in any twenty- four. This shall not apply on Saturdays or election day to evening newspapers publish- ing Sunday editions or to unusual emer- gencies." This section was inserted in the scale because it was recognized by the Publishers as well as the members that overtime was a hardship; that members, after working their allotted time, day or night, at the constant strain and high tension demanded of a newspaper printer, could not be expected to maintain their physical well being if compelled to put in extra time. Consequently, in order to insure that members may be enabled to secure a fair amount of rest after a day or a night's work, the section was framed as above and enacted into law. But this section is not operative on Saturdays on evening newspapers publishing a Sunday morning edition. Saturday, as is well known in the newspaper business is by far the hardest day in the %ycek on evening newspapers. The tension, sufficient- ly severe on every other day in the week, is greatly increased on Saturday. This section applies only to Brooklyn, where there are a number of evening papers publishing Sunday morning editions, and where, consc- quently, members, after concluding thdr day's work on Saturdays at 4 p. m., at the increased high tension alluded to above, are compelloil, WITH BUT TWO HOURS' INTERMISSION, to return to work at 6 p. m. and resume their labors for that night in order to get out the Sunday morning edition. On every day in the week but Saturd.iy TWELVE HOURS MUST INTERVENE be- twcen the time a member leaves off work and resumes the next day. But on the Brooklyn papers affected by this action MEMBERS ARE COMPELLED T(3 DO TWO DAYS' WORK IN ONE with but TWO hours' intermission. ^ • . . The demand of the Union ($1.81) is the day rate, at single price, for these two intervening hours, in conformity with the demand of $9 per week on the scale. When it is borne in mind that members live at great distances from their places of employ- ment it becomes obvious that members cannot reach their homes, partake of some refreshment •nd return to their duties in the two hours allotted them. In fact, to attempt any such thing would put an added strain upon the mem- bers and would nullify to a ^rrcat extent their •bihty to perforn: their duties in the second part of this double header day. The best they can do is to repair to some nearby restaurant, partake of some refreshment, and await the time to start their work. Taking all these matters into consideration wc reiterate that the demand of $1.81 for the inter- vening two hours of these two days in one, the most strenuou* of all the week, is exceedinKly moderate. Now. then, as to the Publishers: We wi*;h to particularly call the attention of the arbitrator to the f.act that in all previous scale negotiations between the Publishers' Association and No. 6 the claim has always been made that it was im- possible to accede to the demands without dis- astrous results to the newspapers; that most of the papers were losing money, and that to award any substantial increase in wage would result •» tbe suspension of one or more newspapers. During the newspaper scale negotiations be- tween the Publishers and No. 6, prior to January, 191S, at which time a $2 increase was granted,' the Brooklyn Times was specifically mentioned by the Publishers as being unable to stand the raise and a calamitous ending for the paper was predicted. On July 1. 1918, an additional $2.50 was granted the newspaper printers. Since this last increase the Brooklyn Times has published the following, which we respectfully submit for the Arbitrator's consideration. This is but one of the numerous examples of statements made by the publishers in scale negotiations and later refuted in printed announcements by individual publications. (Exhibit G.) No doubt we will be confronted with the same line of argument at this time. But at no time have the facts justified such statements, and at no time has the prophecy been fulfilled. At this point we wish to lay particular stress upon the proposition that if there should possibly be a paper (which we do not admit) that is working upon a non-paying basis, such an al- leged fact should not militate against the grant- ing of an adequate relief. According to testimony furnished by the Pub- lishers themselves, at no time was the news- paper business _ as prosperous as at present. Advertising is increasing in volume and rates have been raised; the price per copy has been raised, and, we confidently believe, is to be raised again; "mat" service, formerly furnished by the Publishers, for 25 cents, has been raised to $1. In the March ISth issue of the Editor and Publisher (Exhibit H), on page 13, is an article entitled " Advertising Grows Over the Country," it is stated that " both newspaper publishers and advertising agencies also forecast a continuance of the increase shown, and prohpesied large business for newspapers throughout the vear 1919." In a table appearing on the same page which fives the number of agate lines of advertising run in the month of February, 1918 and 1919, the following results for the New York newspa- pers are set forth : Name of Paper. 1919. American ... 672,536 Bklyn. Eagle. 700,924 Commercial . 142,888 Eve. Journal. 640,032 Eve. Mail 301,236 Eve. Post 299,354 Eve. Sun 538,396 Eve. Telegram 625,818 Eve. World... 456,648 Globe 519,260 Herald 571,108 S t a ndard Union 434,374 Sun 372,524 Times 1,202,332 Tribune 405,508 World 1,134,494 1918. Increase Loss Over Over 1918. 1918. 612,015 60,521 599,996 100,928 128,420 14,468 472,469 167,563 335,534 34,298 264,650 34,704 292,205 246,191 478,660 147,158 312,732 143,916 347,256 172,004 433,449 137,659 391,380 42,994 237,006 135,518 854,249 348,083 258,980 146,528 896,413 238,081 This large increase in the volume of advertis- ing shows that the New York newspapers gener- ally are doing a much larger amount of business tins year than they were last year, and that with the bright outlook for still further increased business predicted by the Editor and Publisher, there should be no question about their ability to pay a fair rate of wages to their employees. Specific evidence of the increase in the vol- ume of business now being enjoyed by individual newspapers is indicated by an advertisement of the New York World appearing on page 17 of the January 11th issue ot the Editor and Pub- lisher (Exhibit I), which states that during the year 1918 the World printed 210,712 more ads than its best previous record, and on page 23 (Exhibit J) of the same issue an advertisement of the New York Times states that the increase in the number of agate lines of advertising dur- ing the year 1918 was 992,357 lines over the pre- ceding year, and the increase for 1918 over 1914 was 4,353,328 agate lines. In addition to the increased volume of adver- tising secured by all of the New York news- papers we respectfully remind the arbitrator that the large increased revenues brought about by advancing the sale prjce of the papers from 1 to 2 cents (125 per cent, net) is still in evidence; that the large saving of print paper cost by eliminating returns and reducing the amount of reading matter is still being continued; and that these economies and increased sources of revenues amount to many millions of dollars in increased profits. In connection with the foregoing there seems to be a well defined rumor that the price of the daily newspaper is to be still further increased, a hint to that effect being thrown out to the public by an editorial in one of the most influen- tial daily newspapers of New York, published on April 5, 1919. We shall prove, by documentary evidence, that advertising rates have been increased from, time to time since 1918 and are still increasing; and that, notwithstanding this increase in rates for advertising, at no time have newspapers pub- lished the amount of advertising they do than at the present, in instances the volume of adver- tising being of such extent as to necessitate the rejection of a considerable amount for want of space. (See Exhibit K.) The increased rates for advertising in the various New York Newspapers, as submitted by the Union in its last previous arbitration pro- ceedings, not contradicted by the Publishers, were from 25 to 120 per cent. Since that time the rate for certain classes of advertisements has still further advanced. Following is an extract from copy of last previous arbitration proceedings (page 9) in July, 1918. The last column, April, 1919, has been added since. " Mr. Rouse — Also 1912 rate and 1918 rate of the New York Times. (Marked Union Exhibit No. 13, July 2, 1918, and is as follows): NEW YORK TIMES. Jan. 1912. June April 1918. 1919. Help Wanted, per line. . Sits. Wanted, per line.. Apts. to Let and Wanted, per line Bus. 0pp. and Notices, per line Boarders Wanted, Rooms, etc., per line Country Board, per line Resorts, per line...... Lost and Found, per line ,15 .15 .20 .30 ).30 .25 .42 .50 $0.35 .30 .45 .50 .15 .30 .35 .20 .42 .45 .25 .42 .45 .30 .50 .50 Mr. Rouse — I wish to call the Arbitrator's attention to the next Exhibit, which is Exhibit L. This is one of the most recent papers affiliat- ing with the Publishers' Association of the City of New York and it is also one of the smallest; it is the French paper known as the Courier des Etats Unis, and we show the increase there. 12 (Mr. Oppenheimer continues reading as fol- lows) : " Following is a statement received from Mr. F. M. Lobit, chairman. Courier des Etats Unis (Exhibit L.) " Increase of advertising- rates in Septem- ber or October, 1918, 40 per cent. " Daily, from 12 cents to 20 cents. " Sunday, from 15 cents to 25 cents. " Weekly, unknown. " Courier des Etats Unis. F. M. Lobit." Also are submitted advertising rate cards with notations of increase of the New York Times, New York Herald and New York Evening Telegram. (Exhibit M.) Mr. PoLACHEK — I want to know why they do not show increases in rates on all the papers. If that is a matter of evidence affecting the en- tire Publishers' Association you ought to show it on all the papers. Mr. Rouse — I think, Mr. Morrison, that we could do that if the Publishers' Association would be magnanimous enough to permit their business offices to give us the necessary in- formation. Mr. PoLACHEK — I want to state as I stated to Arbitrator in the previous case, that the rate cards of all the newspapers are available to any- body; we give them out broadcast. Mr. Wardman — They lay on the counter there. Mr. PoLACHEK — They lay on the counter and we do business on them. Mr. Rouse — I have endeavored to get them and cannot get them. Mr. Waruman— Did you ever endeavor to get one of the Sun's? Mr. Polachek — Have you ever asked for a rate card of the New York American? Mr. Wardman — A boy from the street can walk in and get it. Mr. Polachek — I can give you every rate card for the last 10 or 15 years. Mr. Rouse — I would be very glad to have it to submit in evidence, if you will furnish it to me; I cannot get it. Mr. Morrison — The statement seems to be that rate cards can be furnished. You can sub- mit them yourself, as a part of your case, Mr. Polachek, or you can furnish them to Mr. Rouse so that he can submit them. Mr. Rouse — I would be glad to have the for- mer rate card of the Sun and the former rate card of the American. I would like to ask Mr. Polachek what the advertising rates for amuse- ments ads of the New York American are at the present time; what is the per line rate? Mr. Polachek — 60 cents in the Daily Amer- ican. Mr. Rouse — What is the rate for the evening paper? Mr. Polachek — 75 cents. Mr. Rouse — What was the former rate? Mr. Polachek — I don't know when that has been changed — not in years. The advertising rate in the Sunday American was changed this year. Mr. Rouse — What is the rate for the Sunday American? Mr. Polachek — It was raised from 75 cents to 90 cents per agate line this year on the basis of a 280,000 circulation gain. That was more service for the money which cost us that much more to print. Mr. Rouse — I think the Publishers will admit without all this talk, that there has been a gen- eral increase in advertising rates. Mr. Polachek — There have been some in- creases, but I want to call the attention of the Arbitrator to the fact that the classifications in which they show such incteases were kinds of advertising which constitute the smallest possible volume of the advertising which newspapers print; they do not show what the increases were in the advertising which constitutes the ^reat volume; in other words, the display advertising in the newspapers. Polachek — One to one and a quarter Rouse — It is pretty profitable at 90 cents Mr. Rouse — Do you call amusements ads the smallest part? Mr. Polachek — Yes, one of the smallest. Mr. Rouse — For a Sunday edition? Mr. Polachek — The amusement advertising in the Sunday papers does not constitute S per cent, of the Sunday paper revenue. Mr. Rouse — How many pages are covered with amusement ads? Mr. pages. Mr. a line. Mr. Polachek — We do not lose money at it, of course. Mr. Wiley — There was a reference made there to increase in the Want advertising rates of the Times from 15 cents a line; that is away below the cost of production of a line of advertising; it was only done as a beginning on that Want busi- ness and as the business grew, the rate was steadily increased. Even now it is not a very profitable rate. Mr. Rouse — -I would like to ask the counsel for the Publishers if it is not generally con- ceded that they anticipate a further increase in their rates in September? Mr. Polachek — In advertising rates? Mr. Rouse — Yes. Mr. Polachek — I don't know anything 'about it. Every paper handles that matter for it- self. We do not. Mr. Rouse — You admit a general increase on the American? Mr. Polachek — I will admit there are some increases, but I am sure they are very small. You have cited examples which tend to in- crease from 50 to 100 and 150 per cent. There has nothing ever happened like that. Mr. Wiley — The general advertising rate of the New York World at 40 cents a line has been carried to my knowledge for 20 years. Mr. Marquart — What Mr. Rouse meant to ask was this, is it not true that you contem- plate raising your advertising rates on the amusement ads in the Sunday American? Mr. Polachek — No, we do not. Mr. Rouse — They have just raised them from 75 to 90 cents an agate line, which is profitable. Mr. Polachek — The amusement advertising is less than 5 per cent, of the business. Mr. Rouse — It is very profitable, though, at 90 cents an agate line. The World has in- creased its rates; they have got a new rate card in contemplation; it is set up in the com- posing room. Do you think I could get that? I couldn't get it in a thousand years. Mr. Polachek — But you are not entitled to anything until it is published. Mr. Rouse — I want to be fair all the way through these proceedings and i want to say for the benefit of the Arbitrator that the nego- tiations preceding our coming here have been the most harmonious and friendly between this Union that we represent and the Publishers that have been conducted in many years. What I am going to say, now, however, I want omitted from the record. (Discussion off the record.) Mr. Wardman— The Publishers object to Mr. Rouse trying to give the impression that we are trying to conceal our rate cards from their Committee when we do not try to conceal them from anybody on the face o£ the earth. Mr. Polachek— The rate card is the thing on which we do business. Mr Rouse— Mr. Wardman has misunderstood me; what I said was this: That we perhaps could get the present rate card but we could not get the rate card preceding the present one; that is the one I am talking about. Mr. Wardman— That would not be lying on the desk, of course. 13 Mr. PoLACHiK — Current rate cards are on the counter; past rate cards are in the pub- lisher'* otTice and can be obtained. I have a complete tile of them in my otlice. Mr. Koi'SE — But 1 could not get the previous one with which to make my comparison. Mr. Morrison — I think the representative of the I'ublishers can very easily make the state- ment to set the Arbitrator's mind at rest in re- gard to rates. Mr. Wiley — It was perfectly proper and natural for the Union to present the best E.x- hibits they could. The point is that some newspapers have not raised their rates. Mr. RorsE — I have not presented those for the American or the Journal. I knew that their advertising rates had increased on amuse- ment ads from 75 cents to 90 cents per agate line but I could not obtain the evidence. Mr. PoLACHEK — What did it increase on the dry goods advertising, which is the bulk of our business? Mr. Rouse — I could not say. Mr. Pou^cHEK — 1 will tell you; they increased it 37c. Mr. Rouse — Then you simply substantiate our statement that there has been a general increase in some classes; we do not say in all classes. Mr. Oppenheimer — That is the statement made in this paper and nothing else has been read here. There has been an increase in some classes of advertising. That is the state- ment that is made. Mr. Wiley — Some papers have and some have not. Mr. Rouse — I am willing to let that go just as it lays. You simply subscribe to our state- ment. We said in some classes, not in all classes. Mr. PoLACHEK — There is no occasion for any excitement over it. Mr. Rouse — There is not any excitement. We simply want to put something into the record for the Arbitrator. Mr. Oppenheimer — (Reading): "Following is copy of report submitted by Chairman Tom Kenney, of the Brooklyn Eagle: "Sunday Eagle advanced from 3 to 5 cents on Nov. 10, 1918. "Situation wanted Ads advanced 66 2-^ per cent, in price. "Gen. Ads increase 2 cents per line. "Amusement Ads increase Sc. per line. "Classified Ads about par with 1917. "Capital stock of Eagle increased from $100,000 to $1,500,000. This shows at $1,000 per share previously to be worth $15,000 at present." It is only too well known that circulation and advertising are not the only source of revenue of a newspaper. Many of our news- papers furnish an out of town service, termed "syndicate" work, from which a considerable revenue is derived. Almost every newspaper in New York, in ad- dition to its own work, does syndicate work for a number of dailies in all sections of the country. This is a source of considerable revenue to the newspapers of New York and is accomplished with but little expense to the pub- lishers. This work is performed by members of the regular force, during the slack part of the day that occurs in every office, and does not necessitate the hiring of any additional men more than are necessary to get out the paper. That is to say, if newspapers did no syndicate work whatever, they would employ the same number of men they do at present, because the number of men employed is no more than sufficient to get out their own publications. And when it is borne in mind, that a single identical page of this so-called syndicate work is supplied to any number of out of town newspapers, the only change on each page being the substitution of one headline for another, the profit to the employer is at once apparent. IN THE PARLANCE OF THE TRADE THIS IS TERMED "PHAT" OR "PICK-UP". As is well known, between January, 1918, and July, 1918, the New York newspapers increased their rates to 2 cents per copy (former rate 1 cent) and receive $1.25 per 100 net, where formerly they received but 50 cents net. Thus from circulation alone their income has increased 125 per cent, since 1918. Conditions in composing rooms through this jurisdiction are such that in nearly every newspaper plant there is a cry of "not enough men." The amount of work done in the com- posing rooms of New York has increased to such an extent that forces are enlarged to the capacity of the office, and even with these large forces men are compelled to work many hours overtime. WE WISH ALSO TO CALL TO THE AT- TENTION OF THE ARBITER THE FACT THAT NEW YORK CITY IS NOW 100 PER CENT. UNION IN THE NEWS- PAPER BRANCH. THE SOURCE OF COM- PETITION BY NON-UNION NEWSPAPERS PAYING LESS THAN THE UNION SCALE HAS BEEN REMOVED BY UNIONIZING THE NEW YORK EVENING POST AND THE NEW YORK COMMERCIAL, THUS PLACING EVERY MORNING AND EVE- NING NEWSPAPER IN NEW YORK ON THE SAME BASIS AS FAR AS WAGE SCALE IS CONCERNED. In conclusion, we pray that the increases de- manded be awarded because: Firjt— NEWSPAPER PRINTERS AT NO TIME HAVE RECEIVED THE WAGE COM- MENSURATE WITH THE INTELLIGENCE AND SKILL REQUIRED. Second — That since 1913 the cost of living has risen to more than 79 per cent., during which time the wage of the newspaper printer has advanced but 15 per cent., approximately 9 cents an hour. Third — That despite the fact that the news- paper printer is at the present carrying a bur- den of more than 60 per cent, rise in the cost of living our demand is equivalent to less than one-half of this burden — 30 per cent. Fourth — Unless this relief is granted the newspaper printer must abandon that standard of living he has attained for many years. Fifth — The increase of but 15 per cent, since 1912 (approximately 9 cents per hour) is ridiculous in comparison to the percentage of increase granted other workers in allied trades connected with the newspapers. Sixth — The increase of IS per cent, since 1912 is ridiculously small in comparison with other trades, skilled and unskilled, throughout the country. Seventh — The cost of living is still in the ascendency. Eighth — The newspapers of New York never were as prosperous as to-day; circulations are increasing despite the fact that the price of the papers has been doubled; advertising has_ in- creased, despite the fact that rates have been raised, to such an extent that some of the daily papers have been compelled to omit many columns per day. We pray that the increase to $1.81 for the two hours intervening in the double-header day in Brooklyn be granted, as this rate is but single price based on the $9 a week prayed for. We pray that our demand for double price for overtime be granted for the reasons set forth in this brief. The need for relief in this mat- ter has been admitted from time to time by the publishers. We call especial attention to the fact that there are but three issues presented by the Union that the arbitrator must decide. First — Wages. We have shown by Govern- ment and other authoritative statistics, that the cost of living is still in the ascendency. We have shown that since 1913 the cost of living has risen to more than 79 per cent, during which time the newspaper printers have received an increase of IS per cent, and less. We have shown that while we are now carrying a burden of more than 60 per cent, in the cost of living, our demand for a $9 increase is but 30 per 14 cent, of this 60 per cent., and if granted, will amount to (with the 15 per cent, already granted) 45 per cent, as against an increase in the cost of living of more than 79 per cent, since 1913. For these reasons and the others enumerated in our brief, we pray the arbitrator to grant our demand. Second — Overtime. Overtime is an abomina- tion. It has been admitted by the publishers, and a modification of the section referring to overtime had been tentatively agreed to by the publishers. Statistics prove that overtime re- duces the vitality of the member. It increases the mortality rate. For these reasons and the others enumerated in our brief, we pray the arbitrator to grant our demand. Third — The bonus of $1.81 in Brooklyn for the two-hour swing between 4 and 6 on the double-header day on Saturday. Single price for the two-hour intermission in the TWO-DAY- IN-ONE WORKDAY. We believe in this case our request is extraordinarily moderate and for this reason and the ones enumerated in our brief, we pray the arbitrator to grant our demand. Mr. Oppenheimer^ — That concludes our first paper. Mr. Rouse— The Union rests for the present. Mr. Morrison — I might say that I propose to refrain from asking any question on the state- ments made either by the Union or the Pub- lishers, until after the Publishers' statement is read, because perhaps what I might have in mind will be thoroughly explained by the Pub- lishers' statement. Mr. Wardman — And will probably be debated by both counsel in the rebuttal and sur-rebuttal. Mr. Morrison— -I will therefore hear from the Publishers. Mr. PoLACHEK — Before beginning to read this statement of the Publishers, I want to say first that the relations between the Publishers and the Typographical Union are of a most friendly and cordial nature. We have been in negotiation on this scale for a period of a number of weeks during which time we have had numerous ses- sions in which the greatest friendliness pre- vailed at all times; there was no acrimony or animosity or anything else that led to the sub- mission of this issue to an Arbitrator. It was concluded that that was the best way to settle it to the satisfaction of all parties — to the satis- faction of the membership of the Union which this Committee represents and to the member- ship of the Publishers which this Publishers' Committee represents. The Publishers have at all times been willing and ready to meet the Union half way on the question of this problem of the cost of living. Of course, there have been divergences of opinions on the subject of what was necessary to meet this thing but the general principle was recognized. There have been a number of statements made about news- papers pleading poverty and giving other causes for not increasing wages. Obviously, the news- paper has in every instance suffered from exactly the same thing that the individual has suffered from. Everything with which it deals has had the same record with reference to advancing prices. It has gone sky-high in some instances and not so high in others, but the general ten- dency has been to increase its expenses. The Publishers have met with all the Unions and they deal with approximately 21 Trade Unions, have met with all the Unions in the spirit of trying to get together with them to the limit of their means and their own possibilities so as to alleviate the conditions under which the men existed. The Typographical Union has pre- sented the cases of other organizations having received much larger increases. The Publishers freely admit that fact, but merely say to the Arbitrator that in a number of cases — most notably in cases such as the Paper Handlers, in- volving an increase from $16 to $28 — the Pub- lishers have voluntarily granted increases up to $24 and the final arbitration brought them up to $28. But we felt that no matter what kind of work a man was doing, that there was a certain amount of money that was necessary to estab- lish a minimum whereby such a man could be secure in receiving enough money to meet the daily necessities of life. Thus we increased the minimums in the drivers' scale from $17 to $20 first, then to $22, then to $24; and the same thing was done with the paper handlers; the same thing was done with the Mailers and Deliv- erers Union, neither of which have in any case found it necessary to go to arbitration. We have settled by conciliation all those difficulties. I merely state that Mr. Arbitrator, in order to show you the spirit in which the Publishers ap- proached these problems, which were the prob- lems of every man who was doing business. At the last arbitration we threshed over the same ground in very much the same way as it is being gone over to-day and many of the argu- ments presented then are the same arguments that are presented now. I merely want to state that as a preamble to the argument that I am about to make on behalf of the Publishers. (Reads as follows). " Less than one year ago, in July, 1918, the New York Publishers' Association and New York Typographical Union No. 6 submitted to arbi- tration, the question of wages and working con- ditions in newspaper offices in New York and Brooklyn. The Arbitrator in this case was the Hon. John Mitchell. The Union, at that time, presented a demand for $36 per week basis for day work and $39 per week for night work. In rendering his decision on the question of wages, Mr. Mitchell said: "Wages cannot, of course, be expected to rise and fall auto- matically as the cost of living rises and falls, Ijut wages must bear some relation to the cost of things which wages buy. It would seem, therefore, that when there is an abnormal in- crease in the cost of living, there should be, if not a corresponding, at least a substantial ad- vance in wages." , , . hi ht-. u n This opinion was rendered by Mr. Mitchell early in August, 1918, only three months before the armistice was signed and the World War came to an end and at a time when the prices of all things entering into the cost of Hying had reached almost the maximum of war altitudes. Mr. Mitchell said: "Taking into account the abnormal increase in the cost of living, the wage increases that have been granted in practically every branch of industry and the evidence of increased revenues received by the Publishers, it seems to me clearly to be the duty of the Arbi- trator to award an advance in wages of $2.50 per week." This $2.50 award was on top of $2 granted by the Publishers on January 1 of the same year, making a total increase of $4.50 and bringing the scale up to the present figures — $34.50 lor day work and $37.50 for night work. We call to the attention of the arbitrator the fact that in this very recent arbitration the Judge had before him all of the problems in the cost of living which it was possible to advance and all that could be set up today in the same c.ise, and he had confronting him the problem of the continuation of the war which does not con- front the arbitrator in the present instance, and he had before him the possibility of a constantly increasing cost of living due to the war which has been converted into a probability ot a steadily decreasing cost of living m view of the ending of the war. This is the situation that confronts the Judge in the present proceedings. The previous arbitrator consKUrcd the wage scale he established at $34.50 for the day work and $37.50 for night work sulTicient to meet the problems of the cost of living then presented by the Typographical Union. Without intending in any way to impose upon the present Judge the views of the arbitrator in the previous case, we submit his argument and decision for consideration in the adjudication to be made in the present case. In order to present evidence that the wage paid by the New York Publishers to members of the Typograph- ical Union is a fair wage that compares most fa- vorably with wages paid printers' craft in news- papers all over the country, the Publishers sub- mit the followinij data taken from the American Newspaper Publishers' Association Bulletin No. 1726, dated January 25, 1919, entitled 'Com- parison of Typographical Scales," the entire bul- 15 Ictin being submitted as an exhibit in addition hereto. . Scale ,, * \ Working City Day Night Hours Albany $28.60 $31.90 48~~ Atlanta 27.50 30.30 48 Boston 28.56 30.24 42 Buffalo 28.50 30.50 48 Chicago 31.00 33.00 45 Cleveland 33.00 36.00 48 Jersey City 31.00 34.00 46 Los Angeles 30.00 33.00 45" Mr. PouvcHEK — In Los AnRcles I am informed that by .igreement the Publishers got together and raised' that to thirty-four and thirty-seven. Mr. RovsE — Wouldn't it be well since you \yant notations on the record to get the correct figures for Boston and Chicago? Mr. PoLACHEK — T had nothing later to work on than the January 25, 1919, Bulletin of the American Newspaper Publishers' Association. Mr. Oppenheimer — I object to putting into the record anything that Mr. Polachek has been informed about, unless he can furnish evidence; that is hearsay evidence. Mr. Wardmax — It is in your favor. Mr. Poi-ACHEK — I merely state that that is the understanding that I have, that it has been in- creased above that. Mr. Wiley — He merely wants to be fair about it. Mr; Wardman — It is in your favor. Mr. Oppenheimer — It does not matter whether it is or not; I object to it going into the record unless it is proved by evidence. Mr. Wiley — It is very obvious that Mr. Pola- chek's information is accurate because Mr. Hearst has a newspaper in Los Angeles. Mr. Polachek — That is the source from which I got the information. Mr. Morrison — You have entered an objec- tion to its being considered? Mr. Oppenheimer — Yes, I have. It is hear- say evidence. We have the data right here. We have the correct figures. Mr. Wilev — Do they correspond with that statement? Mr. Oppenheimer — No. Mr. Morrison — We will allow it to rest there as an objection on the record. Mr. Wiley — Does the record there correspond with his statement? Mr. Rouse — It does not. Mr. Polachek — I will continue reading the table. Scale f '' ^ Working City Day Night Hours Milwaukee $27.00 $30.00 48 Minneapolis 30.00 33.00 48 Nashville 30.00 33.00 48 Newark, N. J 33.00 36.00 46 New Haven, Ct... 24.00 27.00 48 New York 34.50 37.50 45 Omaha 31.50 34.50 48 Paterson, N. J 24.00 27.00 48 Philadelphia 32.00 35.00 45 Pittsburg 30.09 32.34 45 Portland, Me 25.00 29.00 48 Portland, Ore. ... 32.70 35.70 46 Providence 32.00 34.00 48 St. Louis 31.50 35.00 46 Salt Lake 34.50 37.50 48 San Francisco ... 34.00 37.00 45 Mr. Polachek — The Los Angeles scale, I will again state, I have been informed from our office in Los Angeles has been made the same as San Francisco, thirty-four and thirty-seven. Mr. Oppenheimer — I make the same objec- tion to its going in the record. Mr. Morrison — The statement has been made and the objection is tliere and we will allow it to rest that way in the record. Mr. Rouse — Have you any further informa- tion on Seattle? Mr. Polachek — No, I have no further in- formation on Seattle except that in the Bulletin. Scale , '^ ^ Working City Day Night Hours Seattle 33.00 36.00 42* Tacoma 33.00 36.30 42 Washington 33.00 36.00 47 Worcester, Mass.. 26.50 26.50 48 Montreal 26.00 28.50 45+ Toronto 26.50 28.50 45 Vancouver, B. C. 34.50 37.95 45 Victoria, B. C 30.00 32.00 45 ■f War bonus of 6 per cent. * Some papers paying war bonuses above this rate. Mr. Polachek — There has a war bonus been added of 6 per cent, in Montreal, according to our records. I submit the Publishers' Associa- tion Bulletin as Publishers' Exhibit A. Mr. Rouse — For the sake of the proceedings, these are the only ones you are concerned in? (Indicating table above read.) Mr. Polachek — No, I submit the entire Bul- letin, because I want the Arbitrator to consider the scales all over the United States,_ the Union contract scales as shown by our official Bulletin, but for the purposes of my brief I have merely culled out a few examples. " The previous arbitration decision was based on another premise which Mr. Mitchell, the arbitrator, stated as follows: 'The ques- tion then presents itself: Are the Publishers receiving returns sufficient to enable them to pay higher wages to the members of the Printers' Union? ' The evidence proves con- clusively that the net returns from news- papers sold are 150 per cent, greater than were the net returns from such sales when newspapers sold at 1 cent per copy. It is also agreed that there has been an increase in the rates for general advertising, al- though it is claimed AND PROVED that there has been a considerable falling off in volume of such advertising." In presenting their case to the arbitrator, Mr. Mitchell, the Publishers presented to the arbi- trator some facts concerning the increased ex- penses in their business. At that time the Pub- lishers said: ''Two years ago the price of news- print paper was $2 per hundred pounds deliv- ered at the press room. Today the price fixed by the United States Government is $3.10 per hundred pounds at the mill with an average freight rate of 25 cents per hundred pounds and an average city hauling cost of 7^ cents per hundred pounds. The Publishers of New York use approxi- mately 250,000 tons of newsprint paper per year. In this item, therefore, they suffer an added burden of $28.50 per ton or a total of $7,125,000 per year. The net total of revenue derived from this increased price amounted to less than $4,700,000. This leaves an annual deficit on the item of newsprint paper amounting to more than $2,425,000. The increased selling price of the newspapers did not bring to the Publishers within $2,425,000 enough additional revenue to meet the increased cost of their white paper alone. Since that evidence was presented to the Judge in the previous case, the Government has re- vised its figures for newsprint prices and the present Government price on which contracts are based is $3.75i per hundred pounds, which is an increase of 65i cents per hundred pounds, or $13.50 per ton. This represents a further increase in newsprint paper cost to the Publish- ers of New York of $3,375,000 per year and there has been no increase in the selling price of newspapers since this added burden was put on the Publishers. 16 In addition to these burdens the Publishers have had to meet increased prices of materials of every description which' they use in their plant and they have had to meet wage scale increases in all departments ranging from 25 per cent, to 75 per cent. The problem in the present case thus becomes one of the ability of the Publishers to pay. It is impossible for the newspaper business on the present basis of selling price of newspapers to pay a wage scale such as has been put before the Arbitrator by the Typographical Union. Further, the Publishers desire to point out to the Arbitrator that this particular wage scale, the typographical, represents the largest payroll item in newspaper offices. On this payroll are the highest paid men as well as the largest force numerically, of any on the staff of the news- paper, so that an increase in this scale comes as the heaviest possible charge on the Publish- ers' labor expense bill." Mr. PoLACHEK — I will digress for a minute. Take the machinists whom the War Labor Board awarded a scale of $43.20 per week: now the machinists in our office, which is a large office, represent six men; in most offices it represents one to two men. Take the photo-engraving scale about which considerable has been said and which the War Labor Board has just given a further increase, the number of men on that payroll in the average newspaper office does not amount to more than a dozen men. Mr. Rouse — How many does the World have? Mr. PoLACHEK — I don't know how many they have. Mr. Gunnison, how many photo-engravers have you, for instance? Mr. Gunnison — We have very few now. Mr. PoLACHEK — Four I think was the last re- port you had. Mr. Gunnison — Yes. Mr. Rouse — The World has between' 30 and 40 if my information is correct. Mr. PoLACHEK — I don't believe they have that many. Mr. Rouse — How many have you got? Mr. PoLACHEK — We do all the syndicate work; we have a lot of outside work; we run about 48 men. That is the New York American does not run any but they have an outside plant at which their work and work all over the country and for other newspapers in the city. Mr. Oppenheimer — The same as your composi- tors do, they do work for all over the -country on your syndicate work. Mr. PoLACHEK — The mailers represent a small force; the only very large force that had a very heavy increase were the pressmen; the pressmen represent numerically in the large newspaper offices almost as large a force as the compositors. Mr. Rouse — And they have already received $8 a week from the Rev. Charles Stelzle; they are now asking for a further increase. Mr. Oppenheimer — They jumped from $25 per week to $33 per week. Mr. Rouse — They work six hours at night and the same number of hours we do in the day time. Mr. PoLACHEK — The six hours a night I do not think is germane. It is obvious that the six hours night work was given to the pressmen be- cause the morning papers go to press early and they have got to be off before people start to their work and it has got to be distributed; it is not possible on a morning newspaper to use Eressmen more than six hours. There is no use aving them around for eight hours, if you can do the work as most papers do, in three and one-half to four hours. Mr. Rouse — I want to again call to the Arbi- trator's attention the fact that Mr. Polachek has digressed and has enumerated these instances, that in all these increases they were conceded to be the most highly skilled in their own business. It is conceded by the Publishers that we are the premiers in ours, but in all this period we have received an increase of only 9 cents per hour or approximately 15 per cent. The pressmen, as he has stated, have already received 34 per cent.; they are numerically on the same basis as we are anci are now before an arbitrator with a $9 de- mand, and in all probability will get the $9. Mr. Polachek — Of course, there is just this to be said about the Typographical Union, that al- ways in the newspaper business so far as my experience goes, and that runs for something over 20 years, the Typographical LTnion has been the most highly organized of any of the unions oper- ating in newspaper offices and as Mr. Rouse very truly says, the most skilled and the most highly intelligent force of men that are employed in newspaper offices. Mr. Rouse — And don't forget the " premier," so far as wages is concerned. Mr. Polachek — We admit that also and it is quite true that their increase has not been in as great a ratio as that of the other unions, but you see the other unions were so much lower down in the scale, and as Mr. Rouse and Mr. Oppen- heimer have said, the cost of living went up very seriously and no matter whether a man was a highly skilled man or a little bit less skilled, he still had to live and his family had to live and we had to provide for that. Now, if a man was earning $33 he didn't need as big an increase as a man who was earning $17 and $22 and $26. Mr. Oppenheimer — -May I interrupt you? Mr. Polachek — You may have the floor. Mr. Oppenheimer — I want to say that to my mind your premises are wrong, because a man that has had $17 a week for years and years has lived up to that standard of living, while the printer who had $30 a week during the time that the other man had $17 a week had established a standard of living so much higher than the other man that in order to keep up with that Mr. Polachek — I don't think that is a fair proposition. Mr. Wardman — Let me interrupt Mr. Polachek — I want to say this, thVit I have not received anything to make up for my in- creased cost of living or for the heavy war taxes that I pay, and I don't think I am entitled to it in the same ratio as men who were affected to the point of being deprived of actual necessities when the cost of living went up. ' Mr. Oppenheimer — I agree to that but your vi'ages are so much higher than any of ours, you people own houses and property, you people are practically wealthy men compared to us; you don't want to compare your salary at $25,000 a year probably, or $10,000 a year, with a paltry $30 a week that the printer has. We do not pay war taxes. Mr. Wardman — Forget us and yourself. Here is the very essence of the thing; the man who is on a wage of $14 or $16 a week has a bigger proportion of his wage going into meat and bread than any of us, and he must eat as much meat and broad as we eat and we probably eat less meat and bread than he does. Therefore when his meat and bread go up, the things he must have to keep body and soul together, he has got to have and that takes a bigger proportion of his income. Mr. Wiley — The point Mr. Oppenheimer made as to the difference in the scale of living in the argument made by these great industrial mag- nates who have large incomes against paying an abnormal income tax; they say they and their families are accustomed to a certain scale of liv- ing and if you take too great an amount from them it is interfering with their happiness. The same argument was made by Mr. Op|)enheimcr in the case of men getting $17 a week. Mr. Rouse — That does not meet the point at all, Mr. Morrison; it is begging the question. We have stated and specifically pointed out that the Publishers have agreed and they have agreed in your presence just two minutes ago, that we were the premiers in a certain period of this pre- war period, and that we ought to be the pre- miers. That we are the most highly skilled: that we are the ultra intelligent, so to speak, and whether we demonstrate it or not is another question • Mr. Wiley — In your work. Mr. Rouse — But they concede that. Now, taking that as the viewpoint, we show conclu- sively that there was a logical differentiation existing between all these crafts. For instance, the photo-engravers, starting in 1914 were recciv- 17 ing %29 per week for day work for the same number of hours that we worked. VVc were receiving $oO a week; we were getting $1 a week niure than the photo-enijravers. To-day the photo-engraver is receiving $j9 jht week for day work, working the same number of hours that we do and we are receiving $o4.50. If their argument is good and if they are sincere in their statt-raents to you. they should without going before an arbitrator, have awarded us $40 per week for day work, according to their own state- ments to you. This they have not done. Again, In the same period of time, the photo- engravers working at night; while we were re- ceiving $J2 per week or $31 per week, they were recei\mg $30 per week. When we were receiv- ing $32 they were receiving $31. Now for night work they receive $42 per week and our night men get $37.50. And better yet, the photo-engravers have had their hours reduced by one-half hour; they are now working seven hours actual work as against seven and one-half per- formed by the printers. They now work 42 hours a week where they formerly worked 45 hours a week. We have not only lost the pre- miership in so far as money is concerned but we have lost it in so far as hours are concerned. The Publishers just a moment ago conceded that we should be and ought to be the highest paid and the best provided for in the composing room. Why? Because we are the keystone in the mak- ing of the newspaper. Mr. Wiley — I didn't hear that concession. Mr. Wardman — We do not question that. Mr. Wiley — We do not question that at all. Mr. Rouse — If their statements are true, then without any further ado, according to their own admissions, we are entitled right at this moment, not by arbitaration proceedings but by their own statements, to $40 for day work and $43 for night work. Mr. PoLACHEK — We are protesting and com- batting this award of the NVar Labor Board; we do not think it is a fair award; we know it is not a fair award and in the Publishers' Association meeting j-esterday the most serious question that was discussed was the abrogation and abandonment of photo-engraving in the newspaper establishment because we cannot afford it at the prices. It is in the way of a verdict, entirely unwarranted by the facts and we do not believe it was a verdict and we are not going to stand it because we are going to eliminate photo-engraving to the utmost of our possibility. Mr. Rouse — Let me call this to your attention: I don't want to do it but if it is necessary, I can go back to the time of Bishop Burgess in 1903; I can go back to the time in 1907 Mr. Wiley — I hope it won't be necessary. Mr. Rouse — When Mr. Wardman was counsel for the Publishers' Association and when Mr. Wardman predicted the same catyclism of calam- ity that was going to sweep over this direat met- ropolitan city of ours, when everybody in the newspaper business would be dead and buried over in Greenwood Cemetery, but we haven't seen that. The only instance wc have seen of that is the amalgamation of the New York Sun and the New York Press, done for business reasons, and today the New York Evening Sun and the New York Evening Journal are the two most prosperous evening newspapers, I guess, on the American continent. And the Times, that sprang from a waning leaflet. I would like to- day to have just one block of stock in that paper and I shouldn't want to work for the rest of my life. Mr. Wiley — If the scale that you ask is granted, you would be able to buy all our prop- erty. Mr. Rouse — All these calamity cries are ex- traneous and are not borne out by the facts. Mr. Wardman — I support Mr. Rouse's conten- tion in that, that these obiter dicta have nothing to do with the case; let us stick to the case. Mr. Rouse — The fact remains as admitted just now, that Mr. Polachek and the rest of them concede, because they like us so well, that we are the most intelligent and most competent and that we should be the premier and we expect you to award us accordingly. Mr. Polachek — I will continue to read our brief: " The Publishers are not opposing the demand of the Typographical Union on any ground ex- cept that it IS exorbitant and unwarranted either by business conditions confronting the Publishers or by the necessities confronting the Typographical Union members. If the arbitrator feels that the members of the Typographical Union are entitled to any relief at all in the matter of wages, the Publishers would ask the arbitrator to consider the neces- sity of the Publishers and give them some relief in working conditions which might, in a measure, mitigate the charge against the Publishers. In this connection, we call the arbitrator's attention to the request of the Publishers' Asso- ciation for an eight-hour work day. The eight- hour day is a fair day's work and it is commonly accepted as a fair day's work. It has been the slogan of the Typographical Union for many years. The local branches of the International Typo- graphical Union have in force nearly 200 con- tracts in nearly 200 different cities and towns requiring a full eight-hour work day. In almost all branches of work performed by the Typo- graphical Union except newspaper work, the 48- hour week is an established fact. In most cities, even in the newspaper field, the work day is an eight-hour day, but in a number of cities, includ- ing New York, this work day has been cut to seven and one-half hours by including a lunch period of one-half hour in the eight hours worked. The Publishers request the arbitrator to con- sider the newspaper business as entitled to the same courtesy as is any other branch of the printing business and grant the Publishers the eight-hour day. The Publishers would like the lunch period provided for as not part of the time for which the Publisher pays. Then there is another matter in working con- ditions and hours which works as a hardship on the Publishers and costs him heavily and that is the limitation placed by the Union on the shift hours. This limitation is not very important to the Union but it is extremely important to the Publisher. The Publishers need greater latitude for oper- ation for their day forces and night forces in order that their business may be conducted efficiently and economically regardless of the scale of wages paid. The scale and working con- dition contract should meet the needs of the Publishers of the various kinds of newspapers and the hours of work should be sufficiently flexible to meet the variety of the requirements of the business of each of these Publishers. The members of the Publishers' Association publish the following kinds of newspapers: Morning papers with Sunday editions. Evening papers with Sunday morning editions. Evening papers with Sunday evening editions. Morning papers with Sunday editions. Evening papers with Sunday morning editions. Evening papers with Sunday evening editions. Morning papers without Sunday editions. Evening papers without Sunday editions and in the evennig field some newspapers pub- lish many editions over a large portion of the day and others publish fewer editions concentrated in certain parts of the day. In order that all the needs of all the pub- lishers of all kinds of newspaper may be best served the Publishers ask that day work shall be defined as any eight hours between the hours of 6 a. m. and 6 p. m. and that night work shall be defined as any eight hours between 6 p. m. and 6 a. m. ^ The Publishers present for the arbitrator s consideration the fact that a leeway of 12 hours within which to perform day work and 12 hours within which to perform night work is a com- mon practice recognized in many Typographical Union newspaper contracts and in practically all book and job printing contracts. 18 Thirty-one cities in which the Typographical Union has newspaper contracts operate on the tasis of two eight-hour shifts around the clock with twelve hours leeway for the eight hours' work on both day and night shifts. In these cities the day hours are from 6 a. m. to 6 p. m. and the night hours from 6 p. m. to 6 a. m., exactly as requested by the New York Pub- lishers. We find on examination of the records that out of 223 Typographical Union contracts in the United States and Canada, 222 contracts are better as to the shift conditions than is the New York contract. Ninety-eight contracts make no limitations whatsoever and 31 contracts provide hours exactly similar to those asked by the New York Publishers. The Typographical Union has made a demand for double time for overtime. No other Union in the newspaper publishing business (and the Publishers deal with approximately twenty-one Unions) has made such a request. The Publishers at present are paying time and one-half for overtime and while they agree with the Typographical Union that overtime should be discouraged, they think that the present penalty of 50 per cent, is sufficient to effect that dis- couragement. The Publishers do not use men on overtime except when conditions make it imperative and in most cases overtime is due to the fact that the shift hours of the contract are not suited to the needs of the newspaper offices. Two shifts around the clock with an opportu- nity to phalanx day and night forces would enable the Publishers to eliminate most of the overtime provided the Union is ready to supply men. During the recent war period, much of the overtime was caused by the fact that there was a shortage of printers. This the Union has it in its power to remedy now that the war is over. The only other overtime that the Publishers have asked of the men is Saturday afternoon work on Sunday morning newspapers when forces of men are brought in in advance of the regular night working schedule in order to meet the requirements of large Sunday editions. And such a volume of work is concentrated on the afternoon and night of publication that the newspaper finds it necessary to bring in a force of men anywhere from 1 to 3 o'clock in the afternoon to take the crush of that Sunday work. Now under our contract overtime is work per- formed either before or after the regular shift hours; ergo, you have a force coming in at 1 o'clock; that force starts immediately to re- ceive pay on an overtime basis until 6 o'clock at night when it goes on regular time. Now the Publisher might not need his men for the full period of the eight hours from 6 o'clock until 2 the next morning, but they have got to put in a day's work because that is their regular shift hour, 6 to 2; having come on at 1 o'clock, they have got 5 hours of overtime for which they must be paid overtime rates. We do not force that condition. It is the working conditions of the contract that forces it. Now these men representing Typographical Union No. 6 come to us as a representative body to another representa- tive body representing 16 or 18 or 20 newspapers, and say, " We will contract with you to do the work required in your offices." Our con- tention is that the work required" in our office is normal, provided it is done in the course ofc the prdouction of the usual editions of the news- paper, and this Union, if it wants to make a collective bargain with a collective band of Pub- lishers, must prepare and be ready to sign a contract which meets the requirements of those Publishers. Mr. Gunnison, representing the Brooklyn Eagle, has a six-day afternoon and Sunday morning newspaper. I don't know how many years he has had it, but I think he had it before I was born. Mr. Gunnison — Seventy-six years. Mr. PnLACHEK — And before a number of other gentlemen here were born. This Union knows that this man and several other papers like that which he represents, are members of this organ- ization and when they come in to make a con- tract with us to do the work of that organization — six afternoon editions and one Sunday edition, being the normal production of that plant, that has got to be met and they come in with a prop- osition to make a contract to meet it. Now they cannot come in and say, " Well, you are asking unusual things of us, Mr. Gunnison, you are saying that men must work all day Saturday and Saturday night." It is their duty to get to- gether with the publisher and frame the kind of a contract which will permit the men to have his working hours and still perform the work that that paper requires in order that it may be produced. Mr. Rouse — Which we have done. Mr. PoLACHEK — You are making a plea that the requirements of the Brooklyn paper imposes an unreasonable, unusual, terrifically heavy strain on an individual. That is not the point that it is a strain on an individual. Mr. Gun- nison's property has really a seven day opera- tion, six days and one night. The men are only supposed to work six days. Now if proper hours are arranged to meet his condi- tions, he can have a seven day force there, phalanxing his men and there is no need of men working Saturday afternoon and Saturday night. Mr. Rouse — Yes, there is. Mr. PoLACHEK — Now I remember when I was in Chicago Mr. Oppenheimer — We will be glad to have you fix a scale that will arrange that for us. Mr. Polachek — In a very large measure it can be adjusted, I am sure. Mr. Wardman — Here is a much simpler ob- ject lesson; we are all so familiar with the technicalities but I assume the arbitrator is not: now you take an ordinary newspaper going to press Saturday for Sunday morning, the Gov- ernment comes along, your mails have been running all the way from 12:30 to 4 in the morning — this scale years and years ago and these hours years and years ago were made on that basis before any of us were in business — the Government comes along and pushes the mails back an hour, that means that you have got to go to work a little earlier; the Govern- ment comes along and pushes the hours still an- other hour earlier and it means that you have got to go to press at 10 o'clock at night — some of these papers have — to catch the mails, but the men are pushed back from 6 o'clock where they might be ordinarily called on and start to run at S some of them and 4 some of them to 3, because they begin earlier, not be- cause they work longer but because they begin overtime, there is an overtime charge on com- ing to work an hour earlier or two hours earlier. It is simply the A. B. C. of it. It is not their fault. Mr. Morrison — That refers entirely to the Sunday papers? Mr. Wardman — Yes, it is not their fault, it is the Government's fault. Mr. Rouse— I wish to call to the attention of the arbitrator this fact, that Mr. Polachek and Mr. Gunnison are making an argument be- fore the arbitrator aside from the issues. They are speaking about men being called in earlier on Saturday, 1, 2 and 3 o'clock; that is not be- fore the arbitrator. Mr. Polachek — Pardon me, it is before the arbitrator in the matter of overtime charges. Mr. Morrison — I thought we were discussing overtime. Mr. Poi-ACHEK — We are, and that is the largest element of overtime in any of our news- paper offices; the only other element of over- time that enters into our work is the Friday and Thursday night rush of advertising, which is also advertising for the Sunday papers. And on those nights the Union has, because of the big demand for its members, been unable to supply as many men as are required and my foreman reports to me that every Thursday and Friday night he finds himself short of the number of'^ men that he requires to do his work and as a result overtime follows. Mr. Morrison — Did I understand Mr. Rouse and Mr. Oppenheimer tn say that if a plan could be arranged to eliminate overtime they would be glad to meet it? Mr. Oppfmieimer — We certainly wouUl, if they could arraiiKC .1 plan. Mr. Roi'SE — Let nil- explain, so that you will have this fact clear; \vc can prove beyond the shadow of a doubt that the reason for the cx- cr»5ive overtime bcinn worked at present is be- cause of the unusual prosperity of all the papers in New Yi'rk City. \Ve can prove conclusively to the arbitrator's mind and to the Publishers as well, that in New York City to-day there are over JOO more men workinj; in the news- paper industry in this city than there were when they appeared with us in the former arbi- tration proceedinvts. Kven deducting the two additional papers that have been unionized since that time, the New York Ezfiiiiig Post and the New York Comif.crcial. there are over 200 more men working on the newspapers to-day, while this excessive overtime is being worked. Mr. Gunnison— But that would be on in the rebuttal, wouldn't it? Mr. RorsE — Well, if you are going to digress, let us have it. There is a sample of the over- time list posted in the New York World for this week (indicating paper), there are 100 names on it for overtime work in spite of the fact that there are over 200 men working in the newspaper offices to-day that weren't work- ing there nine months ago. Mr. PoLACHEK — Mr. Wiley and myself, right in this very room last week, agreed to put on more men on overtime on Saturday in order to get the classified advertising out of the way because he complained Mr. Rouse — I can give it to you from day to day but I don't want to encumber the record with It. Mr. Pol.^chek — I think it ought to be en- cumbered on an important matter like this. Mr. Rouse — That is just a sample of the number of men that are posted this week in the New Y'ork World office. (Indicating paper.) Mr. Morrison — I believe I would like to have some understanding or statement from the Publishers or the Union — probably the Pub- lishers would be able to give it because they have the records — of the amount of overtime work on the Sunday papers. Mr. Wardman — The other side could give it; it is very simple. Mr. Morrison — And the number of hours worked each day. whether it runs 2 hours a day or 4 hours a day. Mr. PoLACHEK — Our overtime in our oflfice — I speak for the New York American and the New York Journal — -our overtime on any day except Saturday afternoon and on Thursday night and Friday night is practically nothing. Thiirsday night and Friday night the overtime is invariably due to the inability to get men required to set the advertising and Saturday our overtime is entirely due to the necessity of bringing men down early in the afternoon, which IS out of the regular working hours and therefore charged us as overtime. Mr. Morrison — For the purpose of meeting the mail, getting the paper out in time for the mail. Mr. Polachek — Exactly. Mr. Morrison' — How many hours overtime is worked usually on Saturday? Mr. Polachek — I cannot give you the exact figures; I can have that information drawn from our payrolls. Mr. Rouse — Mr. Morrison, it could not run beyond three hours on Saturday afternoon be- cause the quitting time would be 3 o'clock and 12 hours must intervene. They could not work any longer than 3 hours because they have got to have an intervening time of 12 hours be- tween their quitting time and their going to work. They start the men at 7 and they quit at 3 and they go back at 3 Saturday afternoon. They do not call all of them back; they call only the machine operators. Mr. Polachek — That is where our overtime bill originates. Mr. Rouse — The World is the same sort of a paper, in fact it has the largest composing room in the city. The World had almost com- pletely eliminated overtime in the past until this unprecedented era of prosperity has struck New York in all of the newspapers and it is now because of this unprecedented prosperity that they are compelled to work overtime. Mr. Wardman — And the Government back- ing the mails up. Mr. Rouse — Mr. Keller is the copy cutter of the Ne-u) York Sun. Mr. Keller, do they work overtime in your office only on the one day, Sat- urtlay, or do they work overtime there more than Saturday? Mr. Keller — No, we work overtime every morning in the week. We work 7 days, an hour each day with the exception of one, which is a half hour. Mr. Morrison — On Saturday how many hours do you work overtime? ^ Mr. Keller — One hour. Mr. Morrison — Do you mean to say that you do not work more than one hour each day? Mr. Keller — No, I work one hour overtime on Saturday; that is about the time. Mr. Rouse — He is the copy cutter. Mr. Morrison — Then on the paper in Brook- lyn is there overtime there? Mr. Rouse — Very little; the Brooklyn situa- tion is different. Mr. Polachek — Yes, the Brooklyn situation is different. Mr. Morrison — I want to know if the over- time could be confined, within 2 hours would it be confined within 2 hours on Saturday. Mr. Gunnison — Not at this time of the year. Mr. Polachek — For instance in our office, the Saturday force coming on for the Sunday paper, comes on in our office at 3 o'clock in the afternoon. That means that they would have 3 hours of overtime before the regular starting hour. In the Times I believe they come still earlier. Mr. O'Donnell — Yes. Mr. Polachek — We have two papers in our office, an evening paper and a morning paper, therefore 'there is an evening paper force avail- able to do as much work as it can do up to 3 o'clock in the afternoon, but the Times, which is a morning paper and Sunday paper alone, has no day force at work on Saturday. Its work must be started I presume around 1 or 2 o'clock in the afternoon. That means S hours of overtime that the Times' force has because they must have the men there. The Times has a big newspaper plant and a great deal of advertising and a great deal of news matter; it must be gotten out, mails must be met and the force must be made to work Saturday after- noon. Mr. Morrison — That gives the men how many hours that day to work? Mr. O'DoNNELL — The regular time plus the extra. Mr. Morrison — It vvould be 7i plus 5. Mr. PoLACHECK — Yes. Mr. Rouse — I have a statement here of the number of hours: the American has worked 2,045 hours, that is not including the past week. The City Record has worked 20 hours, the Courier 12, the Wall Street Journal 216. Mr. Polachek — That is not information, Mr. Rouse; tell us the number of hours per day per man. Mr. Morrison — I want the number of hours they work each day, whether it is one hour or two, or three, or four. Mr. Rouse — It fluctuates. Mr. Oppenheimer — I want to call the atten- tion of the arbitrator to the fact that they can work only a certain number of hours* each day. We have a law in the Union which stipulates that 12 hours must intervene between one shift and another. Now you take 12 hours from 24 and it shows you that they have only 12 hours to work in. The most they could possibly work in any one day is 4 hours overtime. Now they do not work that time. 20 Mr. Morrison — On the question of the Times, they worked twelve hours that day? Mr. PoLACHEK — The Times would be pretty near in shape to put on two shifts if they could get them. Mr. O'DoNNELL — But they could not get them. Mr. Oppenheimer — I wish to call the atten- tion of the arbitrator to the fact that the same gentleman, Mr. O'Donnell in the last proceedings made the same statement to Mr. Mitchell. He said, "We cannot get the men," and the fol- lowing week they laid off men in the Times office. Mr. O'Donnell — That is possible the follow- ing week, yes. Mr. Rouse — And our records show that they have more extra men showing up in the Times otTice than in any newspaper office in New York City. Mr. O'Donnell — We have to have them. Mr. Rouse — More extra men. Mr. O'Donnell — That is true; we have to have them, and we engage more extra men. Mr. Wardm.'^n — I am in thorough sympathy with Mr. Rouse and all his associates; and, so far as I know, all the others are. I am as great an enemy of overtime as anyone, not that I have to pay a greater amount, because I don't, but because I think it is a vicious thing, and I would like to eliminate every bit of it; if the business permitted it — and we pretty nearly do eliminate it in our office — but if they force you before that dead line, those papers that are sufferers, there is no escape from this overtime, because it is beyond the power of the Union and it is beyond the power of the paper owners unless you make that eight hours more flexible. Mr. Rouse — I say again, Mr. Morrison, as I said to Mr. Mitchell, and it is irrefutable and cannot be denied by the Times management, that they have had more men showing up in the Times office than in any other of the metro- politan papers. Mr. Wardman — That does not answer the paint. Mr. Rouse — Let me finish. I say further that the Times is increasing so fast and so rapidly that they cannot count the dollars up there, they are coming so fast into their coffers. They are turning away advertisers because they have no room to print their advertisements. Mr. O'Donnell — That is because they limit the size of the paper. Mr. Rouse — It is the same in the other papers; here we have the World, which had almost eliminated overtime from its composing room — almost entirely eliminated it — Mr. Scitz so stated, until the present year of prosperity came in. What do we see? We see to-day in New York City the Evening World, on three days a week and sometimes four, publishing a 32-page evening paper. Why? Because they have got so much advertising. It is common knowledge that before long the morning paper is going to be 32 pages, which will be something unprecedented for the World. Now all these papers are increasing their size. Prosperity is what is doing it. Mr. Wardman — What has that got to do with the argument? There is another side to it that we have already considered and that you will take up no doubt in the rebuttal, that if a paper has to go to press at 5 o'clock because of this golden prosperity that shines on some, as you expressed it, or because Mr. Rouse— It is shining on all. Mr. Wardman — Or because of the United States Government, that has ruined our mail service, if it has to go to press at five and we want to eliminate overtime, why dt)n't you let them go to five and knock ofT after eight hours? Mr. Oppenheimer — Because a man could not live and work the hours you propose. Mr. Wardman — I have no doubt you will bring that side of it out later. Mr. Oppenheimer — We brought it out at th^ last arbitration proceeding, and Mr. Morrison will see a copy of it. He will have our whole argument. Mr. Rouse — The point the Union makes to the Arbitrator is" simply this, that everybody knows when the newspaper printer starts to work from the tolling of the bell his work requires the closest application that a man can give; it is concentration of mind and body and every- thing combined' for the full seven and a half hours that he works. Now, if in addition to that he is called upon to put in four hours more overtime Mr. Wardman — But that is not the idea. Mr. Rouse — If in addition to that he is called back after completing this strenuous night's work, to an early time in the afternoon, then there should be some extra compensation for that. Why? Because, as the employer is deriving his revenue in increasd profits, so should the man that is giving his life's blood derive some benefit from that extra compensation when he is wear- ing himself out physically. Mr. Wardman — But he does not. You do not permit him to derive any extra compensation. He has to take time off another time. Mr. Rouse — He has to take the time off, but he does derive benefit in this way, that if there is an extra price put on this overtime, he has to take the time off, but has to give it out in hours only. If there is an extra compensation for the overtime, he derives the benefit of the extra money in addition to his regular time that comes to him. He don't give it out in muney, he gives it out in hours, and the hours that he gives out are rated at the single price. There- fore, he does derive compensation for it if there is a penalty put on this excessive strain. Mr. Polachek — There is a penalty of time and a half. Mr. Rouse — And it should be double price. Mr. Gunnison — Could I say a word about this Brooklyn situation? I would like to say just one word, though I would not like to have it on the minutes. (Mr. Gunnison's statement at this point was not taken on the minutes.) Mr. Gunnison — Now I say this for the record: In Brooklyn we have a condition that does not exist in any other part of the city. We pub- lish no morning papers except on Sunday. We depend' upon the Manhattan papers for out reading in the morning. Now, that condition has been in existence for over seventy years — the condition of an afternoon paper, usually a one-edition paper, and the .Sunday morning paper. They have emphasized the great hardship of working what they call a doul)lc-header, that is working on Saturday afternoon and .Saturday night. I do not think it is a hardship. We know from conditions there and from the men themselves that the concession which they get of one day off during the week, because every- one that works Saturdays takes his day off during the week, they would much prefer to have that day off and work the double-header on .Saturdays'. It is not a hardship. We pay the regular scale for day work, ami wc pay the regular scale for night work; and whatever you decide that will be cheerfully llar and eighty-one. Of course the dilTerencc is not very great, hut 1 do not think that that ought to be increased. That is the situation. The men, it is true, only take two hours between the two shifts, but they would much prefer to taKe the two hours than to go hi'me and take four or five hours, and come back and work until three or four o'clock in the morning, because now, most of them get off at twelve o'clock at night and get home; but if thev had to work their full seven hours and go :iti> Sunday morning, why that would be a rferent thing. It is not a hardship. They get • '.e full scale. They very much prefer to take the full pay during "the week for their pleasure. We feel that that one item of the increase on the bonus ought not to be changed. Mr. Rouse — Now, with reference to the Brooklyn proposition, they are asking in their Agreed Statement of Facts to increase the hours on the night side of this Brooklyn paper; they are asking to increase those hours to seven, where they work six and a half, if my memory serves me right. Now, imagine a man coming to work in Brooklyn at eight o'clock in the morning and putting in seven and a half hours of strenuous work, close concentration, quitting at four o'clock, and then being called back at six to put in another strenuous service of con- tinuous close application to his work. We con- tend, and justly so, that he is under service all of this time; we contend that his time is not his own; that his time does not belong to him, and that he is in the pay of the employer from eight o'clock in the morning until the time he quits at night, because he can't do anything with his intervening two hours. He can only go out and get something to eat and walk around the block and then go back to work. Now, all we ask for those two hours is single price, what- ever the award is (and we hope it will be nine dollars) ; that the men will get paid for the time from four to six, single time. The basis for that came in 1912, when it was changed from a set figure to a low figure, when the rate was 62y2 cents an hour and it was doubled up, making the $1.25; and we ask the Arbitrator to so rule. It is a simple matter, it is true, but before the previous Arbitrator, Mr. Mitchell, we had a similar contention there on machinists, where they would not pay this dollar and twenty-five cents to the machinists who worked the double header, and through a misruling of a former president the machinists were deprived of this dollar and twenty-five cents for full five years; and I was forced in the last proceeding to inject that into the argument. And then the Publishers themselves, aside from the representa- tive from Brooklyn, who then was Mr. Martin, conceded that my position was correct, and the Arbitrator so ruled, that the machinists should be paid this $1.25; and in support of that I request the Arbitrator to so rule in these pro- ceedings, that this bonus rate should be con- tinuous time from eight o'clock in the morning until six, to be paid the two hours' time they are entitled to. Xow, the incentive: The incentive is there for this reason, and Mr. Gunnison will admit without question that the reason they want that bonus there is because they want their regular men to do this work, the men that are accus- tomed to do the work; they are regulars. If a man puts on a sub on Saturday and works Saturday night, ie does not get this bonus; the office picks up that money — they pick up this $1.25. or whatever it might be. If you were a regular on the Brooklyn Eagle. Mr. Morrison, and you put a sub on m the daytime on Satur- day, and then you came back and released your sub and worked Saturday night, you would only be paid for Saturday night, and the office picks this money up. Mr. Gunnison — Don't say " Picks it up," excuse me; that man is paid the night scale, the same as he would be in any other oflficeL Mr. Roi'SE — But you gain the bonus on the double header. Mr. Gunnison — No. Mr. Rouse — WHo gets it? Mr. Gunnison — He does not deserve it. Mr. Rouse — Then it goes back into the office. Mr. Gunnison — But it has not gone into the office. Mr. Rouse — Then the money lies dormant. Mr. Gunnison — Our relations are very friendly in all these matters, and let me just make this point: this question of the bonus does not amount to very much anyway, but if they were to ask us to pay for those two hours when they are not working, then you are chang- ing conditions, you are practically making us pay overtime, you are changing the normal con- ditions. Now, if the Union comes into our office and says, " We will get out your paper, and these are the conditions during the day afternoon paper 'and Sunday morning": but now they are coming in, which no other Union has ever thought of doing, and they are saying now, " give us those two hours." when they are changing from the afternoon shift to the night shift, " You have got to pay us for that time." Now, that is changing the conditions, the basic costract on which we went into the matter; it exists nowhere else, and never has been thought of. and I do not think I really intend to do that; but I just want to make it clear that if that should be put into the contract you are forcing us to pay an extra price for getting out our paper under normal conditions. Now, we do have overtime, we have it Friday nights and Thursday nights, and that we are perfectly will- ing to pay for, but for the normal time which we should have to get out our paper in, under these conditions which they agreed to in the very beginning, it would be unfair to change those conditions. Mr. Morrison — It is now after one o'clock. Mr. PoLACHEK — I would like to complete read- ing the statement. First I want to say that there is nothing, in so far as the Brooklyn Eagle is concerned, or the Brooklyn papers, in which they insist that the men who work during the day should work at night. There is no reason why a man should not put on a sub on Saturday Mr. Oppenheimer — Mr. Gunnison just stated why. He said he wanted to keep the day men. Mr. Gunnison — You know you could not fur- nish the men, that it would be impossible to furnish the men. Mr. RousE^ was just going to finish my statement in this way: Mr. Gunnison said it was changing a condition, that it was not what they entered into — those are the two things I under- stood him to say. Now, when the Brooklyn Eagle came into the fold of organized labor, they had a set figure for Saturday night, which was $5.84. That is a long time ago. Now, in 1912, always agreeing with Mr. Gunnison on the ques- tion of fairness, I happened to be one of those that made the scale. Conceding that it was un- fair for a man to come from New York and work Saturday night on the Brooklyn papers and get more for his night's work than another man working the same night' on the New York World still there should be some extra compen- sation for the man that was compelled to work Saturday in the day time and Saturday night. We then set upon determining what was the proper pay for it. The proper pay was a dollar and twenty-five cents, based on the day rate of 62Y2 cents per hour. We simply say that since that day rate has been advanced, that the bonus rate should likewise be advanced, that the man should be paid for his continuous time from the time he started in the morning until six, at day rates, and if he works Saturday night he should be paid the night rate. It is not an overtime rate, because if it were overtime it would be based on price and a half; but it is only single price for the day rate for the two hours, because the man is in actual service, he is under orders, and he can't do anything else. 22 Mr. Morrison — But if a man puts on a sub who has not worked during the day time? Mr. Rouse — He does not get it. They get it. Mr. Gunnison — Let me say this: Of course this is two hours, they want us to pay for those two hours. If that principle were established, it would cost the Brooklyn papers ten or twenty thousand dollars a year, because we would have to do it for the other Unions. Now, the press- men have four hours leeway, they have four hours off; and if this was established on this two hours, those men would come in and would want us to pay them for four hours. Mr. Rouse — I disagree with the gentleman, because the word " bonus " is there, and it simply says a bonus of so much shall be paid. It does not say anything about hours or con- tinuous time. It is just increasing the bonus, and the fears of the gentleman are entirely un- warranted. Furthermore, we are not concerned with the other Unions on that question. Mr. Morrison — I understand this is a bonus in addition to the regular scale because of the long hours work? Mr. Gunnison — Yes, but we claim that we ought not to pay for those two hours. Mr. Rouse — Increase the bonus. Say the bonus shall be increased so much. I will read that part of it: " All members working Saturday and Saturday night shall receive $1.25 ($1.81) extra." We ask that that be increased from a dollar and twenty-five to a dollar and eighty-one, or in other words pay them " continuous time from four to six." Mr. Marquart — I happen to be one of the men that, work under those conditions in Brooklyn. Mr. Gunnison made the statement that it was not a hardship. I claim it is a hardship; and if Mr. Gunnison or the Publishers can do anything to do away with the double header, I for one would like to see it done. Mr. Gunnison — We will do away with it if you will furnish us the men. Mr. Marquart — He made the statement that the men get a day off. The men don't get paid for that day. The Publishers don't pay tliem for it. The Union tells him he cannot work over six days, and he has got to go off, so it is not the publishers that are paying it. Mr. PoLACiiEK — Before I proceed with the reading of the brief again, I want to refer to Section 8. As to Section 8 a somewhat anoma- lous and yet not quite similar condition exists on evening newspapers which have a Sunday eve- ning edition. You will note that there has been a penalty provided for such newspapers working men on Sunday. Of course that is part of the normal operation in this newspaper. It has seven evening issues per week. Men are not asked to work seven days and nobody wants them to; but a force sufficiently large to cover a seven-day period of a six days' work for each man has to be provided. There seems to be no valid reason why a penalty for Sunday work should be increased; a scale might be increased, but why a penalty for Sunday work should be increased does not appear on the surface of things. And the Union has here increased the penalty for Sunday work a dollar and a half. The scale ought to apply to every day in the week that a newspaper is publishing under nor- mal conditions. The Sunday evening edition of the New York Telegram is under a normal con- dition, and the New York Telegram has for years published seven days a week in the after- noons, and the .Sunday afternoon the same as any other afternoon. They make no penalty for Saturday night's work, running over into Sunday morning to the morning papers, yet they penalize the Evening Telegram for its evening edition on Sunday. That penalty has been in effect for some years, and admitting that it was all right, they paid it at that time. Now they want a raise in the scale, and they also want a raise in the Evening Telegram or a Sunday afternoon penalty. I do not think that is justified. Mr. Oppenheimer — I want to answer that, Mr. Arbitrator. Mr. PoLACHEK — You can answer that, Mr. Oppenheimer, in your rebuttal. I just want to put that in the record now. Now I will go on with the reading of the brief: "When you consider that the large Sunday editions are a part of the normal operating con- ditions in the newspaper offices, it would seem only logical that the Union which makes an exclusive contract to do the work in those news- paper offices, would make such conditions that the regular normal work of the newspaper could be handled without overtime penalties,, but the Union has in no case seen fit to meet this obli- gation which normal conditions placed upon it. Therefore, we feel it would be extremely un- just for an arbitrator to place on our shoulders an additional burden on overtime account which the Publisher could not escape because the work- ing conditions under the present scale and con- tract make it impossible to avoid overtime in tlie production of Sunday newspapers. We call the arbitrator's attention to sections 7 and 8 of the Agreed Statement of Facts. Sec- tion 7 applies to such evening newspapers as publish Sunday morning editions and Section 8 applies to such evening newspapers as publish Sunday evening editions. Again we state that this is the normal operation of these particular newspapers and this Typographical Union under- takes to make an exclusive contract for the oper- ation of these newspapers. Now, it follows that this Union should make the normal operation of these newspapers as nearly as possible, the nor- mal working conditions in the composing rooms on normal regular scale basis. However, the Publishers have from time to time yielded to the importunities of the Union and permitted differ- entiation in scales for such contingencies and the arbitrator will note that in section 7 evening newspapers with Sunday morning editions were penalized by an added rate and shortening of hours for Saturday niglit service and similarly in Section 8 evening papers with Sunday eve- ning editions were penalized for Sunday work entailed in producing the Sunday evening news- paper. Now, not content with the penalty already imposed which we point out to the arbitrator is not a part of the scale of wages or better still, the standard of wages, the Typographical Union in its presentation of its demands has also in- creased these penalties which, the Publishers con- tend, is entirely unjustifiable. The arbitrator's attention is called to the fact that the Publishers have not asked an abatement of the penalty previously exacted, but the Pub- lishers do resist the demand for an increase in basic scale, and the Publishers ask the arbitrator to rule that in making the wage scale, it is not his intention to change such penalties imposed either by increasing or decreasing. Section 14 of the Agreed Statement of Fact applies to extras. In the previous arbitration before Mr. Mitchell, the matter of extras was threshed out in great detail and as a result of the argument, the Publishers were awarded the verdict. We quote from the decision of the arbitrator on this point: Section 14 of the Publishers' proposal which is offered as a substitute for Section 14 of the Agreement that expired June .10th, would, if approved, authorize the Publishers to employ for more than one day or night at a time extra men when needed, instead of limiting the employ- ment of such extra men for one shift at a time. Under the agreement which expired June .10th, as the arbitrator understands it. when the Pub- lisher has extra work to do on. say three days of a week he may not by one hiring, employ .1 printer for these three days, but must, if there be three days' work to do on consecutive _ d.a^s, either employ the same printer at the bcginnmg of each day or employ a different printer for each of the consecutive days. In support of their claim for greater latitude in employment of extra hands the Publishers contend that the present arrangement is unsat- isfactory. That during the rush period they are frequently embarrassed in securing extra hands and they state that it would afford some rheasurc of relief if the agreement were so drawn or the award so worded as to give them the right by one hiring to employ men to do extra work for a period of several days. 23 Ill i'.>~,ii ':•. ; ' i..!^ I'.wnosal the printers con- trnd tli.it thi- ;ul,ipiuiii ot tlio section as i>ro- IX'sril t>.v the I'liMishers would interfere with thr s ■ .tu'u of sulistitutcs hy regular situation 1. ; ; .i!ni that it misht establish in the trade .1 , ...iivf of j>art time situation holdinij and the I'rr.ikinR down of the priority principle and practice which has for many years been recog- nized in newspaper otTiccs. In considering this proposed change it seems to nie that the Publishers should be accorded the right to employ members of the Union to do extra work for more than one day at a time, but not for a sufficient number of days to inter- fere with the work or the opportunities to work of regular situation holders. Furlherniore, it seems necessary in order to avoid favoritism and to allay apprehension that a rule should be adopt- ed regarding the employment of excra hands, which, while giving the Puhlishers reasonable latitude, shall not make favoritism possible. To that end it is decided that extra hands may in one hiring be employed for a period not to ex- Veed three days in any one week and it is recommended to the joint conference committee that a meeting be held at an early date to draw an agreement which shall embody this decision of the Arbitrator and the suggestion made in con- nection therewith. Should the joint conference committee fail to agree upon the language of such a section prior to August 15th, the arbitrator will undertake to draft a section and when it is so drafted it will become a part of the decision rendered herewith. The Publishers and the Typographical Union attempted to frame a section in conformity with this decision and failing to do so, the matter was re-referred to the Arbitrator for a ruling, as a result of which the Arbitrator drew the sec- tion which is incorporated in the Typographical Union's section number fourteen of the Agreed Statement of Fact. The Publishers found that the operation under this section as drawn by Mr. Mitchell was un- satisfactory in that very competent extras who, having been given three days' successive work under that section in one week, were debarred from any further work until all other men avail- able on the substitute list had been provided with work in that week or in the next succeed- ing week. In other words, a man who, showing special competency, would, owing to the priority rule of the Typographical Union, be debarred from a regular situation until his turn on the list of eligibles was reached and he could not be given work three days a week if available two successive weeks because of fear of the Union that this authority to give such work would result in favoritism on the part of the foreman. The Publisher would state to the arbitrator that the Typographical Union is a very powerful organization which maintains the most excellent discipline among its members, and among its members are included all the foremen of all the shops, and an injustice to any member of the or- ganization perpetrated by a foi'eman is almost invariably a matter for action by the Union or its executive committee, and it appears to the publishers that if there were a real danger of a display of favoritism by foremen, it certainly could not be an obnoxious form of favoritism or it would be susceptible of handling through the Union or its executive committee, and it appears further to the Publishers that it is not a part of the duty of the Publishers to embody in its contracts, features which are intended to piotect Union men against each other. The Union is amply able to do that and the opera- tions in the composing rooms of the Publishers should not be hampered for any such reasons. The wording of the section as proposed by the Publishers does not in their opinion present any element of unfairness to the Union. All that the Publishers ask is that the phrase " but the same extra may not be so employed in two consecutive weeks if others are available " be stricken out. This does not mean that it would create three day situations, but it does mean that the Pub- lisher would have an opportunity to keep on his substitute list, through giving as much work as possible, a thoroughly competent man whom he desired eventually to put on his regular list and he would thus be enabled to keep that man on his extra list in a happy frame of mind until the available position were open. Otherwise, the man might reach the conclusion that he had a better chance of securing a regular situation in some other shop or in a job printing plant and thus eliminate himself from the extra list of the newspaper which really wanted him. The Publishers therefore earnestly request that the Arbitrator incorporate the Publishers' Section number fourteen as his view of the proper reading of that secfion. The Publishers have deleted sections nine and ten of the Typographical Union's statement of Fact from their statement because if the arbi- trator should please to rule in favor of the Pub- lishers on the question of two shifts, those sec- tions would be unnecessary. A discussion of the working conditions be- tween publishers and foremen individually in each case has produced a concensus of opinion, that if the two shifts were provided, there would bo no requirement for work covering the unusual hours now provided for what is known as the third shift. The third shift hours are very bad: 2 a. m. to 10 m the morning. 2 a. m. is an unearthly hour for a man to report to work, yet in order to be covered up to S or 6 o'clock in the morning, newspapers have to resort to this third shift or hold men oveitinie. With a proper phalanx men could be brought to work at nine o'clock at night and be through their work by five o'clock in the morning and meet practically all the requirements of the newspapers now using the third shift, and these hours would not be abnormal hours for night workers and the night worker is compensated as the Arbitrator will note by an additional sum of $3 per week over the day scale. The Publishers again request the arbitrator to consider their operating needs in his de- cision and they submit the case to him in full confidence that he will mete out justice to both parties. On behalf of the Publishers' Association I wish to thank the Arbitrator for his courtesy and for his generosity in devoting his valuable time to the hearing of the arguments in this case and to the framing of a verdict. Mr. PoL.\CHEK — We have nothing further prepared. We rest. At this point a recess was taken until 2.30 p. m. After Recess. Mr. Rouse — This is the argument of the Union against the proposition as proposed by the Publishers: (Reading) : At the time of negotiation be- tween the Publishers and the Scale Conference Committee of No. 6, immediately preceding the last previous arbitration proceedings, the fol- lowing remark was made by a representative of the Publishers Association: "If we have to go to arbitration, let's get all we can." Almost identical with the foregoing quotation was a remark dropped by a representative of the Publishers preceding these arbitration proceed- ings, to wit: "I want to go to arbitration; we may get something out of it." The amendments proposed by the Publishers (1) eliminating the "(including 30 minutes for lunch)," (2) that the eight hours be between 6 and 6, and (3) the elimination in Section 14 of the last 3 words of the fourth line and the fifth and sixth lines, are the effect of that thought. These working conditions that the publishers seek to amend have been a part of the news- paper scale for more than a quarter of a cen- tury. "(Including 30 minutes for lunch)" has tieen in the scale since 1906; "the working hours to be between 8 a. m. and 6 p. m., and 6 p. m. and 3 a. m." has been in our scale for 29 years. AT THIS TIME WE WISH EMPHATIC- ALLY TO REITERATE THE POSITION WE ASSUMED IN THE PRECEDING ARBITRA- TION PROCEEDINGS, WHICH WE WOULD RESPECTFULLY IMPRESS MOST INDEL- IBLY UPON THE ATTENTION OF THE ARBITRATOR, THAT WE WOULD RATHER STRUGGLE ALOS'G AS BEST WE MAY 24 THAN SUBMIT TO ANY OF THE CHANGES OF WORKING CONDITIONS AS PRO- POSED BY THE PUBLISHERS ASSOCIA- TION. In all scale negotiations between the pub- lishers and No. 6 these changes are proposed and inevitably denied as not warranted or justi- fied. The predominating idea on the part of the publishers in asking for these chang:es seems to be simply this: "We know the printers are entitled to an adequate raise and there is no doubt that the arbiter will so direct. But let us try and get something in return." This whole matter was threshed out only nine months ago in arbitration proceedings be- fore the Hon. John Mitchell. The reasons for opposing the changes at that time are just as pertinent now, if not more so. We respectfully submit for the consideration of the present arbiter and as our argument against granting the proposed changes by the Publishers of the working conditions existing for many years, extracts from the record of the arbitration proceedings before the Hon. John Mitchell in July, 1918, relative to the same proposition. Herewith is presented the argument of No. 6 and the comments of Arbitrator Mitchell: "Herewith we submit a summary of our reasons why the amendments to the scale of prices submitted by the Publishers should not be allowed. "For a number of years we have 'worked under the present scale, and, so far as working conditions are concerned, without any serious friction. "There seems to be absolutely no reason why the Publishers should propose any of the amendments offered other than the one that, admitting the high cost of living ne- cessitates an increase in wage, the Pub- lishers were anxious to receive something in return. "This by itself may strike one as be- ing not an unfair proposition. "But what is it the Publishers ask? "In these papers submitted to you, Mr. Arbitrator, we believe we have given conclu- sive evidence that the admission of any of the amendments of the Publishers, nearly all of them of a revolutionary character, would result in a decrease in wage and a most outrageous limitation of the hours of labor. "As intimated before, we don't believe the Publishers are serious in this matter. "We believe the thought that actuated the offering of the amendments was the one expressed by a representative of the Publishers at a meeting of the Joint Con- ference Committee, to wit: "If we have to go to arbitration, let's get all we can." "Mr. Arbitrator, in addition to the rea- sons already submitted, we object to the adoption of any and all of the amend- ments offered by the Publishers on the ground, as expressed by President Wilson and the War Board, that there should be no change of the working conditions of labor during the war; that there is no valid reason for changing these conditions now; that, as we have already submitted, if times were normal we should ask in addition, to a wage raise, a reduction in hours; that all the allied crafts employed by the publishers in getting out their papers are working under the same, if not better, time limita- tions as the newspaper printers; that the present working conditions have existed for many years and have worked out har- moniously. "Sec. 4. This takes away our 30 minutes for lunch, and adds one-half hour to the working day. The 8 hour working day (including 30 minutes for lunch) has been established since 1906. Previous to that time it had been 20 minutes. In 1906 the Publishers' Association with a committee from No. 6 agreed to make the change from 20 to 30 minutes. This condition has al- ways worked well because of the fact that in newspaper composing rooms the hours must be continuous and the entire force does not go to lunch at the same time. We believe that the only reason this proposi- tion is submitted, is because we have asked for a wage increase, and, if admitted, would amount to a reduction in wage. Under our present scale this would be a half hour overtime per night, 55 cents, which for the week would amount to $.5-'^0- Thus, if this section were admitted it would mean, in effect, a reduction of $3.30 per week. " Aside from any monetary considera- tion, we protest most emphatically against any additional time being added to the number of hours constituting a day's work. "It is an established fact that the work of the printer is unhealthful. In the report of the United States Department of Labor, April, 1917, Bureau of Labor Statistics, un- der "Hygiene of the Printing Trades," page 6, in the following: "Mr. Rouse — Before quoting it, I will submit for the inspection of the Arbitrator the document " Hygiene of the Printing Trades" by Alice Hamilton and Charles H. Verill. We could note a voluminous num- ber of exhibits in support of our contention, but we will simply submit the hook and quote the first two paragraphs as follows: "In all countries the printers trade has been considered an occupation unhealthful beyond the average, and this belief is borne out by statistics, which show an abnormally high sickness rate, and death rate for print- ers as compared with all occupied males. "Examinations of all available sources of information in the United States shows that in this country the printers trade is produc- tive of more illness than would be expected in an industry where wages are high, hours usually not long, and where there is no gross contamination of the air nor exposure to excessive heat or cold, nor over-exertion. American printers suffer far more from tuberculosis than do occupied males in gen- eral." Mr. Rouse (Reading) : "This refers to printers in general, hut the condition of the newspaper printer is even more serious, because of the fact that while he is subject to all the conditions of the ordinary printer, his work is many times more nerve-racking in consequence of the speed with which all newspaper work is accompanied. As stated elsewhere in our brief, our determination to stand by the declaration of the President not to disturb existing working conditions prevents us from asking for a decrease in the hours of labor. The everlasting introduction of • new machinery necessitates the constant speeding up of the newspaper printer, call- ing for an additional display of skill, plac- ing an additional burden upon his physical and a corresponding strain upon his nerve power. "It may be interesting to note how this 30 minutes for lunch originated. Prior to 1906 the members worked eight continuous hours (including 20 minutes for lunch). It was conceded tliat 20 minutes for lunch was inadequate, and on September 26, l'>06, the time was extended to 30 minutes, in cor- roboration of which we submit the follow- ing: " New York City, September 26, 1906. "James J. Murphy, Esq., 74 Lafayette Street, New York. "My dear Mr. Murphy: At a meet- ing of the Publishers' Association, held tins afternoon, the committee appointed to meet your committee, consisting of Messrs. Cook and Williams, reported in favor of granting thirty minutes for lunch in.stead of twenty minutes. The report was favorably received and on motion was carried and adopted. The change is to go into effect forthwith. "Yours very truly, "T. T. WiixrAMs." 25 "This letter is proof that tlie thirty minutrs for lunch was conceded volun- larilv by the PuMishers' Association. ■•\Ve 'respectfully call your particular at- tention also to working hours, their limita- tions and lunch time, of the photo-en- gravers, pressmen and stcreotyptTs, all under contract with the Publishers' Associa- tion. "Scale Contract Between Publishers and Photo-Kngravers' Union "Day work, S hours, between 8 a. m. and 6 p. m., 30 minutes for lunch on office time. "Night work, 7} hours, between 6 p. m. and 3 a. m., 30 minutes for lunch on of- fice time. "Third shift, 7§ hours, between 11 p. m. and 8 a. m., 30 minutes for lunch on of- fice time. "Mr. Mitchell — Is that the present con- tract ? "Mr. Rouse — That is the present con- tract. The photo-engravers' contract runs until 1920, just consummated about a year ago. (Reading.) "Scale Contract Between Publishers and Pressmen's Union No. 25. "Day work, 8 hours, between 8 a. m. and 7 p. m., 30 minutes for lunch on office time. "Night work, 6 hours, between 12 night and 6 a. m. "Saturday night, 8 hours, between 6 p. m. and 5 a. m., 30 minutes for lunch on office time. "Scale Contract With Stereotypers. . "Day work. 8 hours, between 8 a. m. and 7 p. m., 30 minutes for lunch on office time. "Night work, 6 hours, between 11 p. m. and 5 a. m. "Sunday, 6 hours, between 8 a. m. and 7 p. m. "A perusal of the foregoing facts cer- tainly would indicate that the proposition to take away the thirty minutes for lunch and add one-half hour to the working day of the newspaper printer is not honest and most unfair, and seems to be submitted for no other reason except that the newspaper printers have requested an increase in wage. "The Hours to be Between 6 P. M. and 6 A. M. "In contemplating this proposition we stand aghast. This is most vicious and revolutionary. The present limitation has been in vogue since 1890 — 28 years, and is in the scale contracts (as submitted), of the Publishers Association with the Photo-En- gravers, Pressmen and Stereotypers. If this change were allowed, men could be called to work at any hour of the day or night. • « * There is absolutely no good reason for desiring this change. The pres- ent system has worked well in all the 28 years it was in vogue. If for any unfore- seen reason or emergency it becomes neces- sary to call members to the office before the hours specified in the limitations, the office has the right to do so under the present scale, and always had that right. Imagine a man in Jersey, Long Island, Staten Island and surrounding suburbs, or even the one dwelling at the extreme end of the city be- ing called at 6 or even 7 o'clock. In many cases the time of his leaving home would be 4 o'clock a. m. To admit this proposition would mean in most cases an entire change of living conditions. "Furthermore, as we have stated before, and are compelled to reiterate, there is ab- solutely no reason why there should be any change in a condition that has worked well and harmoniously for 28 years. » • » " For more than a quarter of a century, and up to the present time, a man worked either by day or by night. In 1898, for the benefit of the Publishers, a ' third ' shift, known as the ' lobster ' shift, was inaugu- rated. This shift was of 7 hours' duration, including 30 minutes for lunch, the limita- tion of these hours being between 2 a. m. and 10 a. m. In 1907 the seven hours were advanced to eight, but in 1910 they were re- duced to 7A and have remained so ever since. In consideration of these extraor- dinary hours the ' lobster ' shift was and is paid $3 per week over the night scale. ■' But hard as these hours are you will please bear in mind that they are limited between 2 a. m. and 10 a. m. These hours cannot be shifted or juggled, and hard as they be, they are at least permanent, and, like everything else, in time men working on this shift, after regulating their living conditions accordingly, become accustomed to the same and are more or less satisfied. " But no such thing under Section 5, which is very plain and open to no other construction than the one enumerated in our objection to this section. Under this sec- tion there could be no regulation of lii-ing conditions because there would be no regu- larity. In No. 2 of the 'Summary of Pub- lishers' Arjiument," they speak of ' an hon- est, fair and patriotic request.' We doubt the honesty, we deny the fairness, and if this is a sample of the patriotism, God help us.' Under this section, if a foreman were so disposed, a regular situation holder, what- ever his length of faithful service and how- ever competent, could be shifted from day to day, and his hours made so obnoxious as to compel him to resign his situation and seek work elsewhere or be driven out of the trade entirely. By Mr. Mitchell — " Sections 4, 5, 6, 7 and 8 of the Pub- lishers' proposed agreement, apart from their bearing on the wage scale, relate to the hours of labor. By these sections it is proposed to modify what for many years has been the custom among printers in New York newspaper offices of working eight con- tinuous hours, including thirty minutes for lunch, by requiring them to work full eight hours (instead of seven and one-half hours). " In support of their claim for an exten- sion of the hours of labor the Publishers introduce evidence to show that in an over- whelming majority of newspaper offices in the United States printers contract to work full eight hours per day, lunch being taken on their own time and not on office time, as is the practice in New York City. There are, it is stated by the Publishers, a number of exceptions to this rule. Furthermore, the Publishers contend that the eight-hour day is V onsistent with the demand and policy of organized labor in all branches of indus- try and that inasmuch as the Publishers do and are willing to pay the highest wage scale obtaining in newspaper offices in the United States, they have a right to expect in return full eight hours' work. " This claim and the arguments in support of it would carry greater weight and con- viction if their premises were correct and if times were normal. THE F.A.CTS ARE, AS SHOWN FY THE EVIDENCE. THAT A FORTY-FIVE HOUR ACTUAL WORK- ING WEEK PREVAILS IN MANY NEWSPAPER OFFICES. Furthermore, it is a matter of common knowledge that FORTY-FOUR HOURS CONSTITUTE THE WEEK'S WORK OR PRACTICALLY ALL SKILLED TRADESMEN, exclusive of printers, in New York and in most of the large cities of the country." Mr. Rouse — In support of that I wish to sub- mit for the Arbitrator's consideration the Build- ing Trades wages of 1919, with the correction of the wages for 1919 on the second column showing increases that have been granted since 1918. In all of these trades every one worked forty-four hours per week and received double price for overtime. Mr. Polachek — I would like to say that those people are paid on an eight-hour day basis and paid only for five and a half days, and most of them at present are out of work. 26 Mr. Rouse — They are paid on Saturdays for full eight hours. They cannot lay them off on Saturdays, they have got to pay them. Mr. Oppenheimer — Also notice that the limita- tion in hours is between eight and five, similar to our limitation. Mr. PoLACHEK — It is a different character of industry. Mr. Rouse — In support of the contention here that " It is a matter of common knowledge that forty-four hours constitute the week's work of practically all skilled tradesmen," I offer this Building Trades wages of 1919 that I have referred to. (Marked Exhibit N.) (Continuing reading Mr. Mitchell's decision:) " At present, using the night scale as the basis, printers receive within a frac- tion of i78 cents per hour, actual work- ing time. To add three hours per week to the actual working time might well be considered as a reduction of $2.34 per week. THIS WOULD PRACTICALLY NUL- LIFY THE INCREASE IN WAGES GRANTED IN THIS ARBITRATION; IT WOULD BE TANTAMOUNT TO GIV- ING WITH ONE HAND AND TAKING AWAY WITH THE OTHER. FURTHER- MORE TO INCREASE THE HOURS OF LABOR OF WORKMEN WHO HAVE FOR SO MANY YEARS BEEN EM- PLOYED AND PAID FOR SEVEN AND ONE-HALF HOURS' ACTUAL WORK- ING TIME WOULD BE UNJUSTIFI- ABLE AND AT THE PRESENT TIME INDEFENSIBLE. Again, were there no other valid reasons for denying the proposal to lengthen the working day the arbitrator should not disregard the pronouncement of the President of the United States in veto- ing an Act of Congress requiring govern- ment employees, in consideration of an advance in salary, to work eight hours in- stead of seven hours per day. This pro- nouncement has been accepted everywhere as the enunciation of a policy that has a direct bearing upon the successful prosecu- tion of the war. It bears so directly upon the question here at issue that it seems proper that it should be made a part of these findings. "The President said: " At the outset of the war I felt it my duty to urge all employers in the United States to make a special effort to see to it that the conditions of labor were in no respect altered unfavorably first how directly the strain of this war is to bear upon those who do the labor which underlies the whole process of mobilizing the nation, and it seemed to me at the outset, as it seems to me now, that it is of the highest impor- tance that the advantages which have been accorded labor before the war began should not be subtracted from or abated." " Considering all these elements, taking into account the fact that in newspaper of- fices in twenty-two cities the hours range from thirty-six to forty-eight and in twenty- four cites the hours range from a minimum of forty-one to a maximum of forty-seven and average forty-five per week, CONSID- ERING THE FACT THAT IN MOST SKILLED TRADES, EXCLUSIVE OF THE PRINTINC; TRADE, THE HOURS OF LABOR ARE LESS THAN FORTY- FIVE PER WEEK, it is my judgment that the proposal of the Publishers for an in- crease in the hours of labor should not be granted; and it is so decided." "Note: The caps are ours." (Continuing reading brief:) We respectfully call the attention of the arbi- trator to the fact that the elimination of the parenthetical sentence "("including thirty minutes for lunch)" would lengthen the working day for newspaper printers one-half hour per day — three hours per week. For 15 or more years the newspaper printers of New York have been working (actual time) 45 hours per week. At this late day, when the trend of all labor is for SHORTER hours, the Publishers submit a proposition to LENGTHEN them. At the present time, as for more than 15 years, all time per day more than the actual 7i hours is " overtime." The present scale (which should be and we trust will be amended as demanded by the Union) calls for price and one-half for this " overtime." Three hours overtime at the day rate — present scale — amount to $3.21; night rate, $3.51; lob- ster rate, $4.05. That is, to grant the proposition of the pub- lishers would be a REDUCTION of the scale to the extent of $3.21 per week for day work, $3.51 for night work and a reduction on the " lobster " shift by $4.05. It thus becomes obvious that to grant an in- crease in the wage scale, as demanded by the Union, and at the same time to grant the request of the publishers by eliminating "(including thirty minutes for lunch)" would be equivalent to giving with one hand and taking away with the other. This same proposition came up in proceedings before Bishop Burgess in 1903, again before the International Arbitration Board in 1907 and 1910, and has stood the acid test of all these years.' It was again proposed only nine months ago in arbitration proceedings before the Hon. John Mitchell. No stronger argument against the granting of that demand of the Publishers need be pre- sented than the decision of Arbitrator Mitchell quoted above. Sec. 14. In this section the Publishers de- mand the elimination of the last three words of the fourth line and the fifth and sixth lines. This same proposition was submitted by the Publishers in the last scale negotiations. This is nothing but an attempt on the part of the Publishers to inaugurate a system of three- day situations. A resume of the proceedings affecting this sec- tion in our negotiations before the Hon. John Mitchell will be enlightening: " In considering this proposed change it seems to me that the Publishers should be accorded the right to employ members of the Union to do extra work for more than one day at a time but not for a sufficient num- ber of days to interfere with the work or the opportunities to work of regular situa- tion holders. Furthermore, it seems neces- sary in order to avoid favoritism and to allay apprehension that a rule shall be adopted re- garding the employment of extra hands which, while giving the Publishers reason- able latitude, shall not make favoritism pos- sible. To that end it is decided that extra hands may in one hiring be employed for a period not to exceed three days in any one week, and it is recommended to the Joint Conference Committee that a meeting be held at an early date to draw an agreement which shall embody this decision of the Arbitrator and the suggestion made in con- nection therewith. Should the Joint Confer- ence Committee fail to agree upon the language of such a section prior to August 15 the Arbitrator will undertake to draft a section, and when it is so drafted it will become a part of the decision rendered here- with. "Mount Vernon, N. Y., August 21, 1918. " Mr. Leon H. Rouse, Presiilent. " New York Typographical Union No. 6. " Mr. Don C. Seitz, Chairman, Committee Publishers' Associaton of New York. " Gentlemen — Under date of August 2d the undersigned acting as arbitrator ren- dered a decision in various matters affect- ing wages and conditions of employment sub- mitted to him by the ncwspa])er publishers and printers of New York City. In that ^ur». tour men had five hours. One man had nye and a half hours. Three men had »ix .inJ a halt hours. One man had seven and « ijuarter hours. One man had ci^'ht hours. Mr. RoisB — I think that would only verify my statement that the normal condition would be for two hours. Mr. PouACMKK— There are over two hours nerc. 4/3 men here had overtime of over two hours. 516 had two hours or less. The majority bad two hours or less. Mr Morrison— Could conditions be so ar- ranged that the work for overtime could be con- fined within two hours over the regular hours worked ? Mr. Rouse — Under normal conditions it could. Mr. PoLACHEK— Under normal conditions it could in our office, I presume. I will have to kg over that carefully. "^ Mr. O'DoNNELL— It could Hot in ours. We are workmg under norma! conditions now Mr Morrison— I want to ask if it is not pos- sible tor the various papers to so arrange their composing rooms that they could confine the overtime, except m rare cases, to not more than two hours. Mr PoLACHEK— It could not be done. On Saturdays it would be impossible in any of the big newspapers. Mr. Morrison— Do I understand that the Pub- lishers have rested their case? Mr. PoLACHEK— Yes. On behalf of the Pub- lishers, I want to thank you for your courtesy in this matter. ' (PROCEEDING CLOSED.) 40 FRANK MORRISON AMERICAN FEDERATION OF LABOR BLDG. WASHINGTON. O. C. Washington, D. C, May 6, 1919. Mr. Leon H. Rouse, President, Typographical Union No. 6, /. T. U., Rooms 616-618 World Building, New York City. My Dear Mr. Rouse — Enclosed herewith you will find decision ren- dered by me on the questions submitted in arbitration by the Publishers and Printers. Duplicate has been mailed to-day to Mr. Don C. Seitz, Chairman of the Publishers' Committee. I am. Yours very truly, Frank Morrison, Arbitrator. Enclosure. 41 Washington, D. C, May 2, 1919. To Messrs. Don C. Seitz, Leon H. Rouse, Herbert Gunnison, S. Oppenheimer, Louis Wiley, Chas. Marquart, Victor H. Polachek, James W. Keller, Ervin Wardman, John S. O'Connell, Hugh A. O'Donnell, Theo. F. Douglas, Edward P. Call, Louis Fischer, Representing the Publishers' Representing New York Typo- Association of the City of graphical Union No. 6. New York. Gentlemen — Following an agreement that the undersigned act as Arbitrator in the wages and working conditions dispute between the Pub- lishers' Association of the City of New York (hereinafter referred to as the Publishers) and Typogra)phical Union No. 6 of the International Typographical Union (hereinafter referred to as the Printers) it was agreed, at a meeting of representatives of these parties, held in the World Building, New York City, on April 17, 1919, that the award of the Arbi- trator will be retroactive as of April 1, 1919, and expire on March 31, 1920. For record and reference purposes I herewith attach a Statement of Facts, agreed to by both parties to this controversy. In the Agreed Statement of Facts the Printers propose that in the renewal of their agreement with the Publishers, which expired March 31, 1919, that wages be increased $9.00 per week for all members employed by the Publishers, who are paid on a weekly basis, and an equivalent increase to all members who are paid on a daily or hourly basis; double time for overtime instead of price and one-half and an increase in the bonus paid all members working Saturday and Saturday night. In supporting their demands for the wage increase, the Printers submit that they have never received a wage commensurate with the intelligence and skill required of them; that since 1914 the cost of living has increased more than 79 per cent, and during that period their wages have been advanced about 15 per cent; that this increase of 15 per cent is much less than the increase granted other newspaper workers ; that it is small in comparison with the increases received by the skilled and unskilled workers employed in other callings throughout the country ; that the newspapers of New York were never so prosperous; that advertising has increased, notwithstanding 43 the increase in rates, and that some of these newspapers have been compelled to refuse many columns of advertising each day ; that until recently the news- paper printer was the highest paid in the printing trades and that the long period of apprenticesliip and the mental and physical strain under which the work of the newspaper printer must be performed are all factors that justify this wage increase. In refusing to accept the wage demand of the Printers, the Publishers submit that they have raised wages $4.50 a week since January 1, 1918; that the present wage " is a fair wage that compares most favorably with wages paid printers' crafts in newspapers all over the country " ; that there is " a probability of a steadily decreased cost of living in view of the ending of the war " ; that the " Publishers are now facing increased costs of paper and other material," and that " the Publishers are not opposing the demand of the Typographical Union on any ground except that it is exorbitant and unwarranted either by business conditions confronting the Publishers or by necessities confronting the Typographical Union members." In the Publishers' brief they suggest that in the event that the Arbi- trator " feels that the members of the Typographical Union are entitled to any relief at all in the matter of wages " that the Arbitrator change certain working conditions which " might in a measure mitigate the charge against the Publishers." Summarized, these changes are : Remove the Itfnch period of one- half hour, thereby making the work-day eight hours instead of seven and one-half hours; define day work as any eight hours between the hours of 6 a. m. and 6 p. m., and define night work as any eight hours between 6 p. m. and 6 a. m. ; permit extras of the foreman's selection to be employed not to exceed three days in any one week and an unlimited number of weeks, as against the Printers' demand that these extras be limited to one week's employment if others are available. COMMENT AND AWARD WAGES It would be fruitless at this time for your Arbitrator to enter into a discussion on the causes for increased living costs now confronting the workers. The question offers no escape by theorizing. What interests us is the fact that the high living costs exists, and if the processes of arbitration, which both parties to this controversy agree to, are to be used with purpose and effect rather than as a vehicle to allay a remedial unrest, we must attempt to re-establish the living standards of the plaintiffs in this case. The Printers submitted an article published in the March 29, 1919, New York Times, which states that the United States Department of Labor reports an average increase of 79 per cent, in food prices in five years. Illustrative of the high cost of living, your Arbitrator refers to the reports issued by the United States Bureau of Labor Statistics which show that the cost of living in New York City in December, 1918, advanced 78.79 per cent, over December, 1914. 44 The following is the percentage of yearly increases worked out by the Bureau : Per Cent, of Increase in Retail Prices in December 1915, 1916, 1917, and 1918, Above the Prices in December 1914. New York, N. Y. Items of Expenditure Per cent, of increase above December, 1914, in Dec. 1915 Dec. 1916 Dec. 1917 Dec. 1918 Food 1.34 4.78 4.87 16.26 20.32 .24.73 55.28 51.40 57.63 85 99 Clothing: Male 126.39 Female 137.15 Total 4.82 22.31 54.21 131.25 Housing .10* .06* 8.43 1.97 *.05 10.98 27.60 14.91 2.63 19.92 56.47 44.68 6.47 Fuel and light 45.47 Furniture and furnishings 126.51 Miscellaneous 70.01 Total 1.97 14.91 44.68 78.79 * Decrease. Other reports by the Government support the claim of a 78.79 per cent increase in the cost of living, which the Printers are attempting to meet by a total wage increase of 15 per cent since 1914. The National Industrial Conference Board, representing 18 National Employers' Associations, in their pamphlet " Wartime Changes in the Cost of Living," state that the cost of living has increased 65.9 per cent from July, 1914, to November, 1918. The printers submitted a copy of the April 14, 1919, New York Annalist, which contains a chart showing that the cost of living for the week of April 14, 1919, had reached the highest point. It was submitted in sup- port of their position that the cost of living was not on the decline. The Publishers submitted a list of 31 cities which pay a lower rate to Printers (with two exceptions) than do the Publishers. The Printers submitted statistics prepared for wage adjustments by Messrs. W. Jett Lauck and Hugh S. Hanna, which show that in December, 1917, compositors and linotype operators on evening newspapers throughout the country made the lowest advance (6 per cent) since 1914 and 1915, in a list of 44 leading occupations. The highest increase in this list was 105 per cent. The following is the table giving the percentage of increase in the 44 occupations : 45 SUMMARY OF STUDY. y^ .B ■- ^ .S " ~ .-3 *> -C ji w P9 n w fH (St o w js iS S 'J a J5 fe ti a c i *" rt -' i; C 2 fa o •« S 3 " H S S CO o) "S -S r"^ 5 <; S hS 5 PQ •a >>; 5 s^ J3 .-S > e z .s 5 " S E S 2 S 42 SUMMARY OF STUDY. ^ * •Sr a •2 " 5 ^ -s- o iJ w — J: ^ .3 o =3 •S a £3 i is •- n :s H M U -. w 3 5 a '^ a c^ 2 «! c/3 w J2 J2 >< ^ a 5 a .2 2 S u ii p « ft ^ > rt o. Q ^ ^ £ - 5 f p2 ^ w 42 o .- ^ >^ a -" ^ 5 p< p< til J3 ^ ja C ^ S -S K a ^ o s ^ S M m W 5 47 Your Arbitrator can find no conclusive evidence to support the Pub- lishers' statement that there is " a probability of a steadily decreased cost of living in view of the ending of the war." My opinion is partly based on the following observations of basic and other industries : The price of steel shows no signs of substantial recession ; Southern cotton planters are urging the restriction of acreage to hold prices ; the American Meat Packers' Association has announced (public press April 12, 1919), "that high prices will continue for a long time . . . low meat prices must wait until European production is in good swing again " ; one of the country's foremost bakery employers (Mr, George F. Ward) has announced (public press, April 23, 1919), that "no matter how low the price of flour falls, and there is no present prospect of any reduction at all, the price of bread can not go to the old figure " ; a committee appointed by the Chamber of Commerce of the United States predicts higher levels in shoes, states that higher levels have been reached in certain grades of coal, and in no case does the committee indicate that substantial reductions will be made in prices as a whole. Under date of April 30, 1919, the Information and Education Service of the United States Department of Labor issued this statement: Statistics on commodity prices, as published in Dun's Review, appear to corroborate the conclusion, recently announced by the Division of Public Works and Construction Development of the U. S. Department of Labor, that the popular expectations for price recessions will not soon be realized. The statistics show that the number of price increases on commodities in April have been in excess of the decreases, the recorded fluctuations being as follows: Week of Price Decreases. Price Increases. April 5 29 34 April 12 40 42 April 19 29 32 April 26 19 28 The advances are mainly in the foodstuff group of commodities and the declines are in the drugs and chemicals group. * * * According to these statistics instead of there having been a general recession of the price level in March and April, there has been an advance with prices of building material remaining fairly constant. To ask the Printers to continue to accept a standard of living lower than the Publishers themselves agreed to when they accepted pre-war rates is no more equitable than to ask the Publishers to reduce their living standards to meet the increased production cost. While this proposition is unusual it can be justified on moral ground and elemental justice, if the theory of mutuality between Capital and Labor is not merely a shibboleth. This point is made to emphasize your Arbitrator's belief that there is an inescapable obligation on the New York newspaper industry to main- tain the living standards of Printers employed therein. If the Printer had received increases based upon the $30.00 a week standard for day work in 1914, comparative to the increased living cost of 78.79 per cent., he would have to now receive $53.60 a week to maintain the same living standard. If the Printer be conceded an increase of $9.00 4S per week, his wage is brought up to $43.50. Accept these figures and com- parison will show that there is still a difference of approximately $10.00 per week which burden must be borne by the Printer until such time as living costs have decreased comparatively. Your Arbitrator, therefore, sustains the Printers on this question and orders an advance in wages for the full amount of $9.00 a week, to all members of the union, parties to this proceeding, who are employed on a weekly basis, and an equivalent to all members of the union employed on a daily or hourly basis. Your Arbitrator in making this award, desires to call attention to the fact that these new rates will still place New York City behind Portland, Oregon, with its new $45. -$49.50 rates for a 45-hour week, with the increased cost of living 72.38 per cent. — 6.41 per cent, less than New York City; and Seattle, Washington, with its new $42. -$45. rate for a 42-hour week, with the increased cost of living 70.46 per cent. — 8.32 per cent, less than New York City. BONUS It is the decision of the Arbitrator that all members working Saturday and Saturday night shall receive $1.81 extra. OVERTIME On the demand of the Printers in Section XI., for an increase from price and one-half to double time, and which is opposed by the Publishers, the evidence submitted indicated a desire of both parties to eliminate over- time wherever possible. Under ordinary circumstances your Arbitrator believes that overtime should be penalized to the point of prohibition, except in cases of emergency, but because of the expressed opposition of both parties to this practice and the contention of the Publishers that much of the overtime was due to unavoidable conditions, your Arbitrator decides against the demand of the Printers for an increase from price and one-half to double time. EXTRAS Section 14, of the Agreed Statement of Facts (which relates to extras), discloses marked disagreement between the parties to this controversy. From the evidence submitted by the Printers it has developed considerable feeling because foremen are charged with failing to distribute extra work in an equitable manner. The Printers ask for a continuation of the present rule that extras may be put on at one hiring, not to exceed three days or nights in any one week, but the same extras may not be so employed in twO consecutive weeks if others are available. A former Arbitrator attempted to adjust this question but neither party was satisfied. The matter was again referred to the Arbitrator, whose decision is now accepted by the Printers and opposed by the Publishers, who claim that by its operation the office is debarred from the services of " very competent extras." They also submit that foremen are members of the union and are subject to its discipline. 49 Your Arbitrator feels that this question cannot be solved by disciplinary laws. It is inherent in man to exercise power and judgment and to defend same when his natural inclinations conflict with laws that cannot establish degrees of a universal tendency. This is true of all men, regardless of their station. The union does not question the right of the foreman to protect the oflfice from imposition by debarring an incompetent extra. Your Arbitrator takes the position that these extras, as a class, are necessary in the production of a newspaper, and that it would be just as logical to permit the foreman to dismiss situation holders who are not " very competent " and replace them by extras who are thus classified by him, as it is to apply this standard to extras. Because the extras are essential, they have rights, and these rights should be protected in line with the spirit of the time and the relations between the parties to this con- troversy. Printers' Section 14, of the Agreed Statement of Facts, is therefore sustained. TO EXTEND WORK DAY FROM SEVEN AND ONE-HALF TO EIGHT HOURS The Publishers ask that the working day be extended from seven and one-half hours to eight hours. The Printers oppose the abandonment of the present rule, w'hich has prevailed for many years. Your Arbitrator is of the opinion that to lengthen the work day in any calling, and especially in this intensified industry, would be in opposi- tion to the world-wide agitation for a betterment of the workers' condi- tions, and for physical reasons alone it can not be justified. Even were your Arbitrator to ignore these facts, it is neither wise nor practical to take from workers long-established conditions. It is therefore ordered that no change be made in the hours constituting a work day, or work night. TIME IN WHICH WORK SHOULD BE PERFORMED The Publishers ask that the time in which work shall be done shall be as follows : Day work, from 6 a. m. to 6 p. m., instead of 8 a. m. to 6 p. m. ; night work, from 6 p. m. to 6 a. m., instead of 6 p. m. to 3 a. m. ; " third shift," from 3 a. m. to 10 a. m. The Printers oppose, saying that the present system has been in vogue 28 years, and that the Publishers now have the right to Tall Printers to the office for any unforeseen reason or emergency before the hours specified in the limitations. Your Arbitrator believes that if the Publishers were given a twelve- hour leeway in which the Printer must work his seven and one-half hours, it would be a most regrettable decision because of the resultant upheaval of the workers' social life. With a full appreciation of the Publishers' announced endeavor to offset any wage increase that might possijaly be made by securing changes 50 in working conditions, your Arbitrator is compelled to dissent from the proposal to extend to twelve hours the time in which work shall be done. Your Arbitrator decides that Sections 4, 6, 7, 8, 9, 10, 11, 14, 40 and 43, being the only sections in the scale of prices to which differences have been submitted to the Arbitrator shall read as follows: 4. All members of the Union employed on morning newspapers, except as hereinafter provided for, shall receive not less than $46.50 per week. Eight continuous hours (including thirty minutes for lunch) shall constitute a night's work, the hours to be between 6 p. m. and 3 a. m. 6. All members of the Union employed on evening newspapers, except as hereinafter provided for, shall receive not less than $43.50 per week. Eight continuous hours (including thirty minutes for lunch) shall constitute a day's work, the hours to be between 8 a. m. and 6 p. m. When called to work at or before 5 a. m. $2.00 extra shall be charged in addition to the overtime ; and when called to work at or before 7 :30 a. m., $1.00 extra shall be charged in addition to the overtime. On evening newspapers publishing six days, Sunday work shall be double price. 7 . Members of the Union employed on evening newspapers publishing Sunday editions, except as hereinafter provided for, shall receive not less than $7.25 per day. Eight continuous hours (including thirty minutes for lunch) shall constitute a day's work, the hours to be between 8 a. m. and 6 p. m. The rate for Saturday night shall not be less than $7.75 per night of seven continuous hours (including thirty minutes for lunch), the hours to be between 6 p. m. and 3 a. m. All members working Saturday and Saturday night shall receive $1.81 extra. Overtime Safurday night shall be not less than $1.81 per hour. Extras to receive 50 cents per day or night in addition to the above scale. (This does not apply to extras working a double header.) When holidays occur on Saturdays and the paper is not published, the rate for Saturday night shall be $9.00. When called to work on Sundays, between 8 a. m. and 6 p. m. shall be paid double price ; but in no case shall a member receive less than a day's pay. When called at or before 5 a. m. $2.00 .extra shall be charged in addition to the overtime, and when called at or before 7:30 a. m., $1.00 extra shall be charged in addition to the overtime. 8. Members of the Union employed on evening newspapers publishing Sunday evening editions shall receive not less than $7.25 per day. Eight continuous hours (including thirty minutes for lunch) shall constitute a day's work, the hours to be between 8 a. m. and 6 p. m. The rate for Sunday shall not be less than $9.00 per day of seven continuous hours (including thirty minutes for lunch), the hours to be between 8 a. m. and 6 p. m. Extras to receive 50 cents per day in addition to the above scale. When called at or before 5 a. m., $2.00 extra shall be charged in addition to the overtime, and when called at or before 7:30 a. m., $1.00 extra shall he charged in addition to the overtime. Overtime on Sunday shall be paid for at the rate of $1.81 per hour. 9. The scale for a " third shift " shall he $49.50 per week. Seven and a half continuous hours (including thirty minutes for lunch) shall constitute a day's work, the hours to be between 2 a. m. and 10 a. m. 10. Newspaper offices using a third force are privileged to put on one make-up between the hours of 6 a. m. and 2 p. m. for the same hours and wages as other members of the third shift. 11. Overtime, which shall apply to work done before as well as after the hours specified, shall be charged at the rate of price and one-half, based on the regular scale for the specified hours for time worked, unless other- Si wise provided for. Overtime shall be computed in five-minute periods, unless otherwise arranged between the office and the chapel. Rotation in overtime to be at the discretion of the office. 14. Extras may be put on in machine offices either day or night and may be put on at one hiring for not to exceed three days or nights in any one week, but the same extra may not be so employed in two consecutive weeks if others are available. When in accordance with the above an extra is hired for more than one day or night, he must, if he fails to work for the period for which he is engaged, supply a substitute. In hiring extras the publishers shall select such extras from the priority • list (not necessarily in order of priority), if extras from such list are available. Extras shall receive for each day or night 50 cents in addition to the regular scale. 40. The scale for machine-tenders shall be : From 1 to 4 machines $38.50 From 5 to 8 Machines $39. 50 From 9 to 12 machines $42.50 From 13 or more machines $44.50 Machine tenders w^orking at night shall receive $5.00 per week in addi- tion to the above day scale. 43. All time worked over and above these hours shall be considered as overtime, and shall be charged at the rate of price and one-half every hour so employed, based on the regular machine-tenders' scale for the speci- fied hours, computed in five-minute periods, unless otherwise arranged between the office and the chapel. FRANK MORRISON, Arbitrator. 52 NEW YORK TYPOGRAPHICAL UNION No. 6 ROOMS 616 to 618 WORLD BUILDING New York City, May 15, 1919. Frank Morrison, Esq., Hotel Continental, 41st Street and Broadway, New York City. Dear Mr. Morrison — Upon receiving the decision submitted by you as arbitrator between the Publishers Association and Typographical Union No. 6, several offices have paid the $9 increase to all members of the Union employed there. It has come to our knowledge that in other offices where members of the Union have been receiving over the scale, those members will only re- ceive the difference between what they are receiving and the additional amount of the increase. There seems to be some difference of opinion over the meaning of your language, to wit : " Your Arbitrator, therefore, sustains the Printers on this ques- tion and orders an advance in wages for the full amount of $9.00 a week, to all members of the Uiion, parties to this proceeding, who are employed on a weekly basis, and an equivalent to all members of the Union employed on a daily or hourly basis." This is construed by the Union to mean that those members of the Union who are already receiving over the former scale shall receive the $9.00 increase. We would respectfully request a final word on this point, ai)ologizing for this additional tax on your valuable time and assuring you of our grate- ful appreciation of your services. A copy of this letter has been given to Mr. Don C. Scitz, Chairman of the Publishers Committee. Sincerely yours, Leon H. Rouse, President. 53 FRANK MORRISON AMERICAN FEDERATION OF LABOR BLDG. WASHINGTON, D. C. Washington, D. C, May 22, 1919. Mr. Leon H. Rouse, President, Typographical Union No. 6, Rooms 616-618 World Building, New York City. My Dear Mr. Rouse — Enclosed herewith you will find decision rend- ered by me on paragraph submitted for interpretation by the Printers and Publishers. Duplicate has been mailed today to Mr. Don C. Seitz, Chair- man of the Publishers' Committee. Yours very truly, Frank Morrison, Arbitrator. Enclosure. 54 FRANK MORRISON AMERICAN FEDERATION OF LABOR BLDG. WASHINGTON, D. C. ■ Washington, D. C, May 22, 1919. To Messrs. Don C. Seitz, Leon H. Rouse, Herbert Gunnison, S. Oppenheimer, Louis Wiley, Chas. Marquart, Victor H. Polachek, James W. Keller, Ervin Wardman, John S. O'Connell, Hugh A. O'Donnell, Theo. F. Douglas, Edward P. Call, Louis Fischer, Representing the Publishers' Representing New York Typo- Association of the City of graphical Union No. 6. New York. Gentlemen — In compliance with agreement, the undersigned met with representatives of the Publishers' Association of New York City, and representatives of Typographical Union No. 6, in the World lUiilding, New York City, on May 20, 1919, for the purpose of interpreting a paragraph of the decision of your Arbitrator made on May 2, 1919, over which there was a difference of opinion as to its meaning. The jDaragraph reads as follows : " Your Arbitrator, therefore, sustains the Printers on this ques- tion and orders an advance in wages for the full amount of $9.00 a week, to all members of the union, parties to this proceeding, who are employed on a weekly basis, and an equivalent to all members of the union employed on a daily or hourly basis." The Printers construe the above paragraph to mean that those mem- bers of the union who receive more than the wage scale which expired on MarcTi 31, 1919, shall receive the $9.00 increase on the wage they receive. The Publishers contend that the increase of $9.00 per week is upon the wage scale which expired on March 31, 1919, and that any amount paid by the Publishers over and above said scale was a personal agreement and understanding between themselves and their employees, and was not a matter for the Arbitrator to consider. COMMENT AND INTERPRETATION. In the Agreed Statement of Facts, submitted jointly by the Printers and Publishers, there appears the following definite statement : " The following scale of prices to take effect on April 1, 1919, and to expire March 31, 1920, for members of Typographical Union No. 6, employed in the composing rooms on newspapers, was sub- mitted to the Publishers' Association of New York City. The only changes requested by the Union from the present newspaper scale which expired on March 31, 1919, are printed in black faced type; and the matter to be omitted is within black faced brackets." 55 Your Arbitrator was giiidctl in his decision by the " Agreed Statement of Facts." and he beHeves that the most hbcral interpretation of his award, or the use by him of the tenn " wages," can not apply to wages in excess of the Union's rate that are paid to individual members of the Union, and which were made no part of the controversy between the Publishers and the Printers. It is therefore ruled that where an individual and an employee agree on a wage scale in excess of the Union's rate, any dispute between them, because of the advance in the Union's rate, is a matter for adjudication between the said individual and the employer and is not within the juris- diction of your Arbitrator. Frank Morrison, Arbitrator. •^'^^^^^^/^-'t^-'^^ 'Tl-A-i'^-tf-'T^ ^^^>^yruL-^